Critical Habitat Designation Pacific Salmon and Steelhead Southern Resident Killer Whales

Scope of the 2005 Designation 19 Species or “ESUs” of Pacific Salmon and Steelhead 13 in WA, OR, ID 13 in WA, OR, ID 7 in CA 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: 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 Occupied areas with physical or biological features –essential to conservation –may require special management Unoccupied areas essential for conservation ESA §3(5) Unoccupied areas essential for conservation ESA §3(5)

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

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

Step 2: Consider Impacts, Balance Benefits Benefit of designation is the protection of section 7 (no adverse modification by federal agencies) Benefit of designation is the protection of section 7 (no adverse modification by federal agencies) Designation also gives notice of areas important to species Designation also gives notice of areas important to species Benefits of exclusion (i.e., avoiding impacts) may be economic, national security, or “other” 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 Consider for exclusion areas with a relatively high economic impact and a relatively low conservation value Made sense with salmon because: 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 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) National Security (military readiness during global war on terror) Conservation partnerships on private land (HCPs) = net conservation benefit Conservation partnerships on private land (HCPs) = net conservation benefit Tribal sovereignty and self-determination (conservation partnership also relevant) Tribal sovereignty and self-determination (conservation partnership also relevant)

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 August Final Critical Habitat for 12 ESUs of Salmon and Steelhead

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

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

Southern Resident Killer Whales Very different species, very different habitat Very different species, very different habitat Marine versus fresh water Marine versus fresh water Habitat less affected at small scales by human actions Habitat less affected at small scales by human actions

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

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

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

Particular Areas Same as specific areas Same as specific areas Plus military areas Plus military areas

Exclusions No exclusions based on economic impacts No exclusions based on economic impacts No overlap with tribal lands (waters deeper than 20 feet) No overlap with tribal lands (waters deeper than 20 feet) Exclusions based on impacts to national security Exclusions based on impacts to national security

Future Actions and Issues Increased monitoring in coastal waters has resulted in many more sightings Increased monitoring in coastal waters has resulted in many more sightings Slightly more information about preferred prey in coastal waters (Chinook salmon) Slightly more information about preferred prey in coastal waters (Chinook salmon) More analysis of concentrations of prey (Chinook salmon) More analysis of concentrations of prey (Chinook salmon) National security exclusions? National security exclusions?