Aquatic Lands Habitat Conservation Plan

As steward of more than 2.6 million acres of state-owned aquatic lands, the Washington State Department of Natural Resources (DNR) takes responsibility in ensuring that the people of Washington benefit from the use of aquatic lands while ensuring environmental protection of our resources.

As the population of Washington State grows, increasing pressure is being put on our aquatic ecosystems, making the balance of public benefit and environmental preservation a difficult task.

For the past six years, DNR has conducted extensive review and analysis on the environmental impacts of DNR-authorized activities on state-owned aquatic lands and the species that use those lands. From this research, DNR has concluded that the most effective way to provide sustainable stewardship of our aquatic lands into the future is to develop a federally sanctioned habitat conservation plan (HCP).

Over the next few months, DNR will be working to complete a draft aquatic lands habitat conservation plan (HCP) for state-owned aquatic lands. After the draft is complete, DNR will begin negotiations with U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration National Marine Fisheries Service (NOAA Fisheries) to refine a draft proposal and engage the public for formal comment and input.

Questions & Answers about the Proposed Aquatics HCP
The Science Behind the Proposed Aquatic Lands HCP
Where We’ve Come From and Where We’re Headed

Questions & Answers about the Proposed Aquatic HCP.

What is an HCP and what does it do?
In general terms, a habitat conservation plan is a management plan that defines how the lands will be administered and the measures that will be applied to ensure long-term landscape-based protection of federally listed and non-listed species considered being at risk of extinction. The plan is formalized as a contract between the landowner or manager, and the agencies charged with protecting endangered and threatened species under the Endangered Species Act - NOAA Fisheries, and the U.S. Fish & Wildlife Service (Federal Services). Once the plan has been agreed upon, it is enacted through an implementation plan and incidental take permit is issued.

The landowner commits to HCP strategies that protect and enhance habitats that support at-risk species. The plan emphasizes habitat conservation and recovery, and ecosystem health as the basis for strong long-term management. In the case of an aquatic HCP, it provides the rules of the road for how and where uses of state-owned aquatic lands will occur.

Why is DNR pursuing an HCP? Why is this a good idea?
An aquatic HCP will help DNR protect sensitive, threatened, and endangered species that are native to Washington State (see table below) and depend on aquatic habitat. An aquatic HCP will also ensure that lawful day-to-day activities authorized by DNR, such as leasing for marinas and aquaculture, can continue while avoiding and minimizing impacts  to endangered species. By committing to the conservation strategies in the aquatic HCP, DNR and entities that lease state-owned aquatic lands will receive federal assurances of compliance with the ESA.

See the timeline below.

What species will be protected?
The draft Aquatic HCP focuses on protecting the nearshore environment which is crucial for the health of the entire ecosystem. The plan addresses the impacts of shade, sediment compaction, disruption of the flow of water and sediment, contamination and noise.
The draft Aquatic HCP also proposes a number of guidelines to help protect communities of plants and animals that rely on aquatic lands for all or a significant portion of their lives. The draft plan proposes coverage for 30 species:
   

What uses are we concerned with?
The draft Aquatic HCP includes specific measures to address the impacts from three types of activities:

• Over water structures  (Boat ramps, Launches, Docks & wharves; Floating homes; Mooring buoys;  Nearshore buildings; Rafts & floats; Marinas; Shipyard & Terminals)
• Log booming  (these are large rafts of logs that are stored in the water)
• Shellfish Aquaculture

How will we protect species and their habitats?
There are a number of measures that DNR is proposing to address the environmental impacts of covered activities.

The Science Behind the Proposed Aquatic HCP

• Covered Species Paper — Describes the life history, current and historic habitat, and threats for the 87 species originally considered in developing the Habitat Conservation Plan. Note that DNR is currently proposing coverage for 30 species.
  
  
• Covered Activities Technical Paper — A review of the types of authorized uses that occur on state-owned aquatic lands. The paper also describes how these uses are regulated and how they were classified, where they are located and how many acres they occupy.
  
• Covered Habitat Technical Paper —Describes and quantifies the freshwater and saltwater habitats managed by Washington DNR.
  
  
• Habitat Verification Report  - This report addresses the accuracy of the habitats discussed in the Cover Habitat Technical Paper.
  
  
• Effectiveness Monitoring Design - Describes potential methodologies for selecting conservation measures for inclusion in an Effectiveness Monitoring Plan, as well as the steps to be taken in selecting and designing field protocols.
  
  
• Potential Effects and Expected Outcomes Technical Paper — This paper describes the direct and indirect effects on species and their habitat for those activities that the HCP will address. The paper also evaluates actions that could avoid
  and minimize these effects. Lastly, the paper describes the expected reduction in affected habitat as a result of implementing conservation measures. Due to size, the appendices are available in a separate document.

• Landscape priority process – This is a multi-phase analysis designed to prioritize the conservation potential of state-owned aquatic lands based on their importance as habitat for the species covered under the HCP. The first four phases of the process consisted of an in-depth analysis of distribution and diversity for covered species across all state-owned aquatic lands, with rarer species weighted higher to increase the value of their habitats; creation of a habitat impairment score based on the condition of the adjacent uplands and the presence of overwater structures; solicitation of input from the public and conservation professionals on potential conservation priorities; and definition of conservation priorities based on the presence of unique or valuable habitats such as aquatic vegetation and forage fish spawning locations. The next pahse of the process is to begin developing smaller scale aquatic landscape plans to define acceptable uses for priority areas within each landscape.
  

• Science Panel Review - In 2006 a panel of scientists from academia, and state and federal agencies was convened to assess whether DNR was using sound scientific principles and information in the development of the HCP. The findings of this group are available in the Science Review Panel Final Report.

• Mapping - Working in cooperation with Washington Department of Fish and Wildlife  and the Puget Sound Nearshore Restoration Project, DNR has developed three GIS data layers (Marine, Lakes and Rivers) quantifying overwater structures either partially or wholly on state-owned aquatic lands. Each layer is made up of thousands of digitized structures, including docks, marinas, and bridges. Structures were digitized using three (3) foot/one (1) meter resolution color orthophotos taken between 2002 and 2006, and includes all waters classified as navigable (as defined by RCW 90.56.010(15)). The data is available from the DNR GIS Data Center.

Where we’ve come from and where we’re headed

2012 & beyond
Following completion of the Final Environmental Impact Statement and aquatic HCP, DNR anticipates signing the  implementation agreement with the services (NOAA & USFWS) that commits the agency to the Aquatic HCP for a term of 50 years. Once this is done, the services (NOAA & USFWS) will issue a Section 10 Permit to DNR.
After the implementation agreement is signed, DNR will update its leasing program and begin implementing the conservation program, continue conducting landscape planning; begin executing research and monitoring to support adaptive management of the plan; monitor for compliance with the plan; and begin monitoring the effectiveness of the measures and strategies in the aquatic HCP.

2011
DNR will work with the services (NOAA & USFWS) to complete the NEPA process including a 90 day public review period; respond to the comments that are received and incorporate them into the document as appropriate. Once the NEPA process is complete, it will also be adopted by DNR  in order to meet obligations under the State Environmental Policy Act (SEPA).
We anticipate release of the draft environmental impact statement in the fall of 2011. To better understand the NEPA process read here.

2010
Comments from the 2009 External Review Panel and the initial review by the services (NOAA & USFWS) were addressed and incorporated into the draft aquatic HCP. In the spring the document was submitted to the services (NOAA & USFWS) and negotiations on the terms of the final draft begun. 

2009
Comments from the 2008 Science Review Panel review report were incorporated into a revised draft of the aquatic HCP. An external review panel of local, state and tribal planning entities was convened to review the revised draft aquatic HCP. US, Fish and Wildlife and NOAA Fisheries reviewed and provided comment on the revised draft. The Landscape Priority Process continued to be refined through the incorporation of data from conservation organizations around Washington State, and incorporation of additional data.
DNR began discussions with Washington’s Treaty Tribes and local governments.

2008
The first draft of the Aquatic Lands Habitat Conservation Plan was completed and a second Science Review Panel was convened to review the document. Aquatic Resources science staff began developing a landscape priority process for identifying conservation and restoration priorities.

2007
DNR, Washington Fish and Wildlife, and the Puget Sound Nearshore Restoration Project developed a GIS data layer quantifying overwater structures built over state-owned aquatic lands. This helped DNR calculate the number of acres covered by structures, their geographic location, and the density of development by water body.
DNR staff started drafting the aquatic habitat conservation plan.

2006
DNR conducted public scoping for the proposed aquatic habitat conservation plan. DNR presented all of its findings in a process to engage the public and stakeholders. DNR convened a panel of 11 scientists to review the process and scientific information guiding the development of DNR’s Aquatic Habitat Conservation Plan (HCP). 

2005/2004
DNR began the baseline environmental assessment of the condition of the aquatic ecosystems and habitats managed by DNR. The assessment included:
Classification of uses occurring on aquatic lands;
Description of the direct and indirect effects associated with uses of state-owned aquatic lands; 
Quantification of the areal extent of the uses and their intersection with threatened, endangered and sensitive species; the amount of species habitat managed by DNR; and the physical extent of the impacts from the actitiies;
Identification of measures that could be used to avoid and minimize impacts to species and their habitats.

2003
In early 2003, DNR sought and was awarded funding to put together a team to begin work on a habitat conservation plan for state-owned aquatic lands. The ESA Team was assembled and began working by July. Scientific scoping for the following questions began:

-What species depend on DNR managed aquatic lands and what is the extent of their dependence on the lands?
-What types of habitat occur on state-owned aquatic lands?
-What are the operational components of the activities DNR authorizes, and what are the regulatory and proprietary frameworks for the activities?

2002
A team of agency staff from different fields was formed to -
1) define the responsibilities of the Aquatic Resources Program under the Endangered Species Act (ESA); and
2) develop options for meeting those obligations while still meeting its obligation to the public. As the team reviewed DNR’s role, they considered a number of factors that affect new and existing uses of aquatic lands including:

How uses of state-owned aquatic lands are regulated – are there gaps? What is DNR’s legal obligation to allow the activity?
-What are the tools available to DNR to comply with the Endangered Species Act?
-What is DNR’s proprietary authority to control the use? Would this be effective in avoiding and minimizing impacts?
-What other entities are involved in authorizing the use?
-What are the short and long term impacts to ecosystems, species and their habitats for different uses?
-What is the risk of a lawsuit for for impacts to species or their habitat under the ESA?
-Will changing how we do business affect the ability for the public to be compensated for the use of public lands?

The team completed their work and presented four options to DNR managers, along with the recommendation that the aquatic resources program develop a habitat conservation plan as the most effective, consistent and long lasting way to achieve compliance with the ESA. DNR made the decision to pursue an aquatic HCP.

You are invited to learn more and get involved!
At DNR, transparency is one of our guiding principles. We would like to invite you to learn more about aquatic lands, how DNR manages them, and how the habitat conservation plan would affect them. If you would like to find out more, or be notified of opportunities to become involved, contact us at(360) 902-1100 or send us an email aquaticsesa@dnr.wa.gov.

Federal Civil Rights
In accordance with Federal law and U.S. Department of Agriculture policy, DNR does not discriminate on the basis of race, color, national origin, sex, age or disability. However, should a person wish to file a discrimination complaint, please write to:

USDA, Director
Office of Civil Rights
Room 326-W, Whitten Building
1400 Independence Avenue SW
Washington D.C. 20250-9410
or call 202.720.5964 (voice and TDD). USDA is an equal opportunity provider and employer.