(1) Critical habitats (state) of threatened
or endangered species and specific forest practices designated as Class
IV-Special are as follows:
(a) Gray wolf
(Canis lupus) - Harvesting, road construction, or site
preparation within one mile of a known active den site, documented by the
department of fish and wildlife, between the dates of March 15th and July 30th
or 0.25 mile from the den site at other times of the year.
(b) Grizzly bear (Ursus
arctos) - Harvesting, road construction, aerial application of
pesticides, or site preparation within one mile of a known active den site,
documented by the department of fish and wildlife, between the dates of October
1st and May 30th or 0.25 mile at other times of the year.
(c) Mountain (woodland) caribou
(Rangifera tarandus) - Harvesting, road construction, aerial
application of pesticides, or site preparation within 0.25 mile of a known
active breeding area, documented by the department of fish and
wildlife.
(d) Oregon silverspot
butterfly (Speyeria zerene hippolyta) - Harvesting, road
construction, aerial or ground application of pesticides, or site preparation
within 0.25 mile of an individual occurrence, documented by the department of
fish and wildlife.
(e) Sandhill
crane (Grus canadensis) - Harvesting, road construction,
aerial application of pesticides, or site preparation within 0.25 mile of a
known active nesting area, documented by the department of fish and
wildlife.
(f) Northern spotted owl
(
Strix occidentalis caurina).
(i)
Within a SOSEA boundary (see
maps in WAC
222-16-086), except as indicated
in (f)(ii) of this subsection, harvesting, road construction, or aerial
application of pesticides on suitable spotted owl habitat within a median home
range circle that is centered within the SO-SEA or on adjacent federal
lands.
(ii)
Within the Entiat
SOSEA, harvesting, road construction, or aerial application of
pesticides within the areas indicated for demographic support (see WAC
222-16-086(2))
on suitable spotted owl habitat located within a median home range circle that
is centered within the demographic support area.
(iii)
Outside of a SOSEA,
harvesting, road construction, or aerial application of pesticides, between
March 1st and August 31st on the 70 acres of highest quality suitable spotted
owl habitat surrounding a northern spotted owl site center located outside a
SOSEA. The highest quality suitable habitat shall be determined by the
department in cooperation with the department of fish and wildlife.
Consideration shall be given to habitat quality, proximity to the activity
center and contiguity.
(iv)
Small parcel northern spotted owl exemption. Forest practices
proposed on the lands owned or controlled by a landowner whose forest land
ownership within the SOSEA is less than or equal to 500 acres and where the
forest practice is not within 0.7 mile of a northern spotted owl site center
shall not be considered to be on lands designated as critical habitat (state)
for northern spotted owls.
(g) Pacific pond turtle (Actinemys
marmorata) - Harvesting, road construction, aerial application of
pesticides, or site preparation within 0.25 mile of a known individual
occurrence, documented by the department of fish and wildlife.
(h) Marbled murrelet (
Brachyramphus
marmoratus).
(i) Harvesting, other
than removal of down trees outside of the critical nesting season, or road
construction within an occupied marbled murrelet site.
(ii) Harvesting, other than removal of down
trees outside of the critical nesting season, or road construction within
suitable marbled murrelet habitat within a marbled murrelet detection
area.
(iii) Harvesting, other than
removal of down trees outside of the critical nesting season, or road
construction within suitable marbled murrelet habitat containing seven
platforms per acre outside a marbled murrelet detection area.
(iv) Harvesting, other than removal of down
trees outside of the critical nesting season, or road construction outside a
marbled murrelet detection area within a marbled murrelet special landscape and
within suitable marbled murrelet habitat with five or more platforms per
acre.
(v) Harvesting within a 300
foot managed buffer zone adjacent to an occupied marbled murrelet site that
results in harvest within a no-cut inner buffer of 150 feet; or, harvest within
a managed 150 foot outer buffer which will leave a residual stand relative
density of less than 35 for Douglas-fir or red alder dominant species group or
residual stand relative density of less than 50 for Western hemlock-spruce
dominant species group. The inner zone of the buffer shall begin at the edge of
the outer extent of the platform trees of the occupied habitat. The primary
consideration for the design of managed buffer zone widths and leave tree
retention patterns shall be to help minimize edge effects. The width of the
buffer zone may be reduced in some areas to a minimum of 200 feet and extended
to a maximum of 400 feet as long as the average of 300 feet is maintained. The
landowners shall consult with WDFW on managed buffer prescriptions.
(vi) Except that the following shall not be
critical habitat (state):
(A) Where a
landowner owns less than 500 acres of forest land within 50 miles of saltwater
and the land does not contain an occupied marbled murrelet site or the 300-foot
average buffer of an occupied marbled murrelet site; or
(B) Where a protocol survey (see WAC
222-12-090(14))
has been conducted and no murrelets were detected. The landowner is then
relieved from further survey requirements. However, if an occupied marbled
murrelet site is established, this exemption is
void.
(2) The following critical habitats (federal)
designated by the United States Secretary of the Interior or Commerce, or
specific forest practices within those habitats, have been determined to have
the potential for a substantial impact on the environment and therefore are
designated as critical habitats (state) of threatened or endangered
species.
(3) For the purpose of
identifying forest practices which have the potential for a substantial impact
on the environment with regard to threatened or endangered species newly listed
by the Washington fish and wildlife commission and/or the United States
Secretary of the Interior or Commerce, the department shall after consultation
with the department of fish and wildlife, prepare and submit to the board a
proposed list of critical habitats (state) of threatened or endangered species.
This list shall be submitted to the board within 30 days of the listing of the
species. The department shall, at a minimum, consider potential impacts of
forest practices on habitats essential to meeting the life requisites for each
species listed as threatened or endangered. Those critical habitats (state)
adopted by the board shall be added to the list in subsection (1) of this
section. See WAC
222-16-050(1)(b).
(4) For the purpose of identifying any areas
and/or forest practices within critical habitats (federal) designated by the
United States Secretary of the Interior or Commerce which have the potential
for a substantial impact on the environment, the department shall, after
consultation with the department of fish and wildlife, submit to the board a
proposed list of any forest practices and/or areas proposed for inclusion in
Class IV - Special forest practices. The department shall submit the list to
the board within 30 days of the date the United States Secretary of the
Interior or Commerce publishes a final rule designating critical habitat
(federal) in the Federal Register. Those critical habitats included by the
board in Class IV - Special shall be added to the list in subsection (2) of
this section. See WAC
222-16-050(1)(b).
(5)
(a) The
critical habitats (state) of threatened and endangered species and specific
forest practices designated in subsections (1) and (2) of this section are
intended to be interim. These interim designations shall expire for a given
species on the earliest of:
(i) The effective
date of a regulatory system for wildlife protection referred to in (b) of this
subsection or of substantive rules on the species.
(ii) The delisting of a threatened or
endangered species by the Washington fish and wildlife commission and by the
United States Secretary of Interior or Commerce.
(b) The board shall examine current wildlife
protection and department authority to protect wildlife and develop and
recommend a regulatory system, including baseline rules for wildlife
protection. To the extent possible, this system shall:
(i) Use the best science and management
advice available;
(ii) Use a
landscape approach to wildlife protection;
(iii) Be designed to avoid the potential for
substantial impact to the environment;
(iv) Protect known populations of threatened
and endangered species of wildlife from negative effects of forest practices
consistent with
RCW
76.09.010; and
(v) Consider and be consistent with recovery
plans adopted by the department of fish and wildlife pursuant to
RCW
77.12.020(6) or habitat
conservation plans or 16
U.S.C.
1533(d) rule changes
of the Endangered Species Act.
(6) Regardless of any other provision in this
section, forest practices applications shall not be classified as Class IV -
Special based on critical habitat (state) (WAC
222-16-080 and
222-16-050(1)(b))
for a species, if the forest practices are consistent with one or more of the
following:
(a) Documents addressing the needs
of the affected species provided such documents have received environmental
review with an opportunity for public comment under the National Environmental
Policy Act, 42 U.S.C.
section
4321 et seq.:
(i) A habitat conservation plan and
incidental take permit; or an incidental take statement covering such species
approved by the Secretary of the Interior or Commerce pursuant to
16 U.S.C. §
1536(b) or
1539(a);
or
(ii) An "unlisted species
agreement" covering such species approved by the U.S. Fish and Wildlife Service
or National Marine Fisheries Service; or
(iii) Other conservation agreement entered
into with a federal agency pursuant to its statutory authority for fish and
wildlife protection that addresses the needs of the affected species;
or
(iv) A rule adopted by the U.S.
Fish and Wildlife Service or the National Marine Fisheries Service for the
conservation of an affected species pursuant to
16 U.S.C. section
1533(d);
or
(b) Documents
addressing the needs of the affected species so long as they have been reviewed
under the State Environmental Policy Act;
(i)
A landscape management plan; or
(ii) Another cooperative or conservation
agreement entered into with a state resource agency pursuant to its statutory
authority for fish and wildlife protection;
(c) A special wildlife management plan (SWMP)
developed by the landowner and approved by the department in consultation with
the department of fish and wildlife;
(d) A landowner option plan (LOP) for
northern spotted owls developed pursuant to WAC
222-16-100(1);
(e) A cooperative habitat enhancement
agreement (CHEA) developed pursuant to WAC
222-16-105; or
(f) A take avoidance plan issued by the U.S.
Fish and Wildlife Service or the National Marine Fisheries Service prior to
March 20, 2000;
(g) Surveys
demonstrating the absence of northern spotted owls at a northern spotted owl
site center have been reviewed and approved by the department of fish and
wildlife and all three of the following criteria have been met:
(i) The site has been evaluated by the
spotted owl conservation advisory group; and
(ii) As part of the spotted owl conservation
advisory group's evaluation, the department's representative has consulted with
the department of fish and wildlife; and
(iii) The spotted owl conservation advisory
group has reached consensus that the site need not be maintained while the
board completes its evaluation of rules affecting the northern spotted owl. The
spotted owl conservation advisory group shall communicate its findings to the
department in writing within 60 days of the department of fish and wildlife's
approval of surveys demonstrating the absence of northern spotted owls.
In those situations where one of the options above has been
used, forest practices applications may still be classified as Class IV-Special
based upon the presence of one or more of the factors listed in WAC
222-16-050(1),
other than critical habitat (state) for the species covered by the existing
plan or evaluations.
(7) The department, in consultation with the
department of fish and wildlife, shall review each SOSEA to determine whether
the goals for that SOSEA are being met through approved plans, permits,
statements, letters, or agreements referred to in subsection (6) of this
section. Based on the consultation, the department shall recommend to the board
the suspension, deletion, modification or reestablishment of the applicable
SOSEA from the rules. The department shall conduct a review for a particular
SOSEA upon approval of a landowner option plan, a petition from a landowner in
the SOSEA, or under its own initiative.
(8) The department, in consultation with the
department of fish and wildlife, shall report annually to the board on the
status of the northern spotted owl to determine whether circumstances exist
that substantially interfere with meeting the goals of the SOSEAs.