Critical Habitat Designation for Pacific Salmon and Steelhead

Scope of the 2005 Designation 19 Species or “ESUs” of Pacific Salmon and Steelhead • 13 in WA, OR, ID • 7 in CA

Relevance of Critical Habitat • Section 7(a)(2): all federal agencies shall ensure actions they fund, permit or carry out are not likely to: – jeopardize species’ continued existence – destroy or adversely modify critical habitat

What is critical habitat? • Occupied areas with physical or biological features – essential to conservation – may require special management • Unoccupied areas essential for conservation ESA § 3(5)

Step 1: Identify “Critical Habitat” • Map actual fish • • distribution Verify features and special management Group by watershed into “specific areas” • Identify unoccupied areas essential for conservation

How does it get designated? • Best scientific data • Consider economic, Benefits of Designation Conservation Benefits of Exclusion Avoid Impacts • • national security, other relevant impacts May exclude if benefits of exclusion outweigh benefits of designation (Unless exclusion results in extinction) ESA § 4(b)(2)

Step 2: Consider Impacts, Balance Benefits • Benefit of designation is the protection of section 7 (no adverse modification by federal agencies) • Designation also gives notice of areas important to species • Benefits of exclusion (i. e. , avoiding impacts) may be economic, national security, or “other”

Balancing Benefits (Economic) • Consider for exclusion areas with a relatively • high economic impact and a relatively low conservation value Made sense with salmon because: – Large number of habitat areas – Not all areas are equally important for conservation • Conservation threshold – don’t exclude if it significantly impedes conservation

Relative Conservation Value of Habitat Areas

Example Exclusion Scenario

Balancing Benefits (Other) • National Security (military readiness during global war on terror) • Conservation partnerships on private land (HCPs) = net conservation benefit • Tribal sovereignty and self-determination (conservation partnership also relevant)

August 2005 - Final Critical Habitat for 12 ESUs of Salmon and Steelhead Net Occupied Habitat Areas = 23, 447 miles - Dept. of Defense Sites - Indian Lands - 4 HCP Holders - Economic Impacts Net Designated Habitat Areas = 20, 630 miles

Issues • Can habitat that is not literally occupiable meet the definition of critical habitat • How to determine whether an area is occupied (documented vs. BPJ) • What are special management considerations or protection • Does the definition demand a finding of “enough” habitat for conservation

More Issues • What is the real benefit of designation (beyond “jeopardy”) • What about economic and other benefits of designation (such as ecological services) • How do you balance benefits of exclusion against conservation benefits

Geographical Area Occupied by Species • Pacific coast from SF • • Bay to Queen Charlotte Islands Inland waters of Washington Georgia Basin in Canada

Geographical Area Occupied by Species: Data and Issues • Extensive record of • • • sightings compiled by Whale Museum No sightings in Hood Canal within past 20 years Shallow water and tides In ocean, only 28 sightings over 30 yrs

Specific Areas • Area 1 - core summer • • area (feeding, resting, socializing) Area 2 - Puget Sound area (fall feeding) Area 3 - Strait of Juan de Fuca area (mainly migration)

Particular Areas • Same as specific areas • Plus military areas