1. Washington Environmental Council May 10, 2013 DNR Aquatic Resources Photo from WA Department of Ecology – Washington State Coastal Atlas – 2006

2.  Overview of state-owned aquatic lands  Aquatic Programs  Ownership  Leasing Activities  Aquatic Lands HCP  Coordination Presentation Overview Fisherman Terminal, Port of Seattle

3.  “…all tidelands, shorelands, harbor areas, the beds of navigable waters, & waterways owned by the state & administered by the department or managed under RCW 79.105.420 by a port district.”  “…does not include aquatic lands owned in fee by, or withdrawn for the use of, state agencies other than the department.” RCW 79.105.060(20) State-owned Aquatic Lands

4.  1890 to 1950 the sale of aquatic lands promoted for economic development and to fund state government  1950s Shift from selling land to leasing it  1971 Laws passed to prevent sale of tidelands and shorelands Evolution of Aquatic Land Management

5.  Manages 2.6 million acres of aquatic lands in navigable waters  Exercises proprietary authority - a unique, distinct role among governments DNR Aquatic Resources Today Center for Wooden Boats, Lake Union

7.  Foster water-dependent uses  Ensure environmental protection  Encourage direct public use and access  Utilize renewable resources And where consistent with the above, generate revenue DNR Management Goals RCW 79.105.030 Myrtle Edwards Park and Grain Elevator

8.  Land Management  Geoduck Wildstock Fishery  ESA Section  Aquatic Reserves  Derelict Vessel Removal  Sediment Quality Section  Restoration/Creosote Removal  Nearshore Habitat/Eelgrass Monitoring DNR Programs

9. Port manages some or all state-owned aquatic lands within a port district Port manages some or all state-owned aquatic lands within a port district Port follows same statutes as DNR Port follows same statutes as DNR Port retains portion of lease revenue Port retains portion of lease revenue DNR Delegation: Port Management Agreements WAC 332-30-114 Port of Seattle

10. Aquatic Land Management Authorizations: >5,000 authorizations Types: Leases, Easements, Licenses, Rights of Entry Uses: Marinas, docks (public and private), outfalls, aquaculture, utility easements, bridges, buoys, etc. Districts: Orca Strait, Shoreline, and Rivers

12. Stewardship of State-owned Aquatic Lands

13. Section 10 of the Endangered Species Act GOAL Reduce ESA liability associated with authorizing the use of state-owned aquatic lands, while enhancing efforts to conserve and recover endangered, threated, and imperiled species

14. Why Are We Doing the Aquatic Lands HCP? Develop a workable balance between species conservation and land use on Washington’s aquatic lands

15.  Negotiated agreement with Federal Services  Addresses harm to listed and sensitive species  Describes commitment to avoid, minimize & compensate  Basis for an Incidental Take Permit What is an HCP?

16. In order for the ITP to be issued by the Services, DNR must… Demonstrate avoidance, minimization and/or mitigate for the impacts of authorized incidental take of Covered Species to the maximum extent practicable Demonstrate that the incidental take will not result in species jeopardy

17. Required information for ESA compliance: Covered Species Covered Area/Habitat Covered Activities Potential Effects and Expected Outcomes ‘Incidental Take’

18. DNR’s Goals  Reduce impacts to HCP- covered species and habitats Photo: H. Shipman Photo: M. Esteve  Improve and restore habitat quality Photo: C. Piening Photo: C. Cloen  Identify and protect important habitats Conservation Conservation Restoration Restoration Landscape planning Landscape planning Photo: C. Cloen

19. The Science Behind the HCP  Habitat managed - Distribution; Characteristics Photo: C.Cloen  Conservation measures - Regulatory gaps; Proprietary authority Photo: L. Amiotte

20. Direct and Indirect Effects Overwater Structures Overwater Structures Decreased light Decreased light Altered energy regime Altered energy regime Decreased water quality Decreased water quality Decreased aquatic vegetation Decreased aquatic vegetation Increased predator abundance Increased predator abundance Decreased substrate stability Decreased substrate stability Changed substrate composition Changed substrate composition Decreased water quality Decreased water quality Decline in wildlife production Wildlife behavioral changes

21. Alteration of wave & current energy, sediment transport, depth/slope profile Alteration of wave & current energy, sediment transport, depth/slope profile Artificial shading Artificial shading Release or accumulation of waste, contaminates, nutrients Release or accumulation of waste, contaminates, nutrients Substrate disturbance and modification Substrate disturbance and modification Focusing on these Threats…

22. HCP Planning Area  2.6 Million Acres 56% Offshore Rivers 4% Lakes 15% 25% Nearshore Washington State Department of Natural Resources

23. Herptofauna (5) - Columbia spotted frog, Northern leopard frog, Oregon spotted frog, Western toad, Pacific pond turtle Fish (18) - Bull trout, Chinook, Chum, Coastal cutthroat trout, Coho, Pink, Sockeye/Kokanee, Steelhead, Green & White sturgeon, Bocaccio, Canary & Yelloweye rockfish, Eulachon, Pacific herring, Pacific sand land, Surf smelt, Pacific lamprey Covered Species Birds (5) - Black tern, Common loon, Harlequin duck, Marbled murrelet, Western snowy plover Marine Mammal – Southern resident orca

24. HCP Covered Activities  Log booming and storage  Aquaculture  Overwater structures - Docks & wharves, Boat ramps/launches, Rafts, Mooring buoys, Nearshore buildings, Floating homes, Marinas, Shipyards & terminals

25. Operating Conservation Program Programmatic Strategies (All lands) Standards (All uses) ConservationMeasures (Covered activities)

26. HCP Programmatic Strategies Protection of Aquatic Vegetation Protection of Aquatic Vegetation Forage Fish Protections Forage Fish Protections Aquatic Reserves Program Aquatic Reserves Program Derelict Vessel Program Derelict Vessel Program

27. HCP Programmatic Strategies Aquatic Landscape Planning Aquatic Landscape Planning Conservation Leasing Conservation Leasing Commissioner Withdrawal Orders Commissioner Withdrawal Orders

28. StandardsStandards Avoidance – All Uses No treated wood or tires in contact with the water Standard Goal Avoid additional inputs of toxins

29. Conservation Measures Avoidance & Minimization - Activity Specific Prevent grounding of vessels/structures Measure Goal Avoid/minimize benthic crushing

30. HCP Programmatic Strategies Protection of Aquatic Vegetation Protection of Aquatic Vegetation Forage Fish Protections Forage Fish Protections Aquatic Reserves Program Aquatic Reserves Program Derelict Vessel Program Derelict Vessel Program

31. HCP Programmatic Strategies Aquatic Landscape Planning Aquatic Landscape Planning Conservation Leasing Conservation Leasing Commissioner Withdrawal Orders Commissioner Withdrawal Orders

32.  Avoidance  Buffers  Surveys  Monitoring  Minimization  Grating  Design standards Aquatic Vegetation

33.  Avoidance  Siting criteria  Surveys  Minimization  Work windows  Design standards  Mgmt plans  Surveys  Vegetation Protection Forage Fish Protection Forage fish eggs mixed with grains of beach sand. Photo by L. Amiotte

34. StandardsStandards Avoidance – All Uses No treated wood or tires in contact with the water Standard Goal Avoid additional inputs of toxins

35. Conservation Measures Avoidance & Minimization - Activity Specific Prevent grounding of vessels/structures Measure Goal Avoid/minimize benthic crushing

36. Outreach Tribes & Commissions Industry SOAL Lessees & Users Land & Water Use Regulating Agencies NGOs General Public

37. HCP - Anticipated Timeline Sept. 2013 - NEPA 90 day public comment; Draft EIS & HCP Released Dec.2013 –Jan. 2014- Revisions/Response Documents based on tribal and public comment June 2014 - Final documents released Fall 2014 - Final NEPA 30 day public comment period Fall 2014 - Programmatic Implementation

38. Thank You Photo by David Roberts www.dnr.wa.gov/aquatichcp