Is there life after the salmon listing?

By BENN BURKE
Adolfson Associates

Many people felt that the March listing of Puget Sound chinook salmon and 10 other pacific northwest salmon and trout stock signaled an end to life as we know it. But it appears that the sky is not falling, at least not yet, unless, of course, your livelihood involves the permitting and construction of the region's burgeoning infrastructure system.

While the general public has not yet seen major changes, behind the scenes project managers and staff on federally funded projects or on projects that require federal permits can attest to the complexity of the new regulatory environment. To date, the largest impact has been delays in construction starts due to the expanded review of construction projects required by section 7 of the Endangered Species Act.

Section 7 of the Endangered Species Act requires the federal government and its agencies ensure that any project or action it authorizes, funds or implements not jeopardize listed species or adversely modify habitat critical to those species.

If a project is determined to affect a listed species, the federal lead agency must coordinate with the two government agencies responsible for managing listed species. The US Fish and Wildlife Service has jurisdiction over terrestrial wildlife and inland fish, while the National Marine Fisheries Service has jurisdiction over marine wildlife and fish (including migratory salmon and trout).

Biological assessments and biological opinions

The primary tool used in this process is a biological assessment, commonly referred to as simply a "BA." The BA is a of review the life history and habitat requirements of a listed or proposed species and an evaluation of the project impacts. If the BA determines that the project will have no effect on a listed species, the section 7 process is complete once the federal lead agency (providing either funding or permits) concurs with the assessment.

A biological assessment looks at the habitat needs of a listed species and evaluates project impacts on that habitat. Review of these assessments may take a year or more. Photo courtesy of AdolfsonAssociates

Why is this so complicated?

People who have had projects delayed by the section 7 process ask why permitting recently become so difficult since the ESA has been around for years.

One reason is that two different government departments are involved. Also, NMFS is a relative newcomer when it comes to listed species and section 7 consultations. Until the listings of the cutthroat trout in Oregon's Umpqua River and sockeye salmon in Idaho's Snake River in the mid 1990s, the U.S. Fish and Wildlife Service was the primary agency involved in ESA compliance, with NMFS having a less prominent role.

The increasing number of stakeholders in large projects complicates the process as well. A typical road-widening project between any two cities in Washington can involve permits or project approvals by the Federal Highway Administration, Army Corps of Engineers, and the state departments of Transportation, Ecology, and Fish and Wildlife. Often these projects can involve tribes and several local permitting agencies as well. On top of all this, the life cycle and habitat requirements of each listed species are different and our understanding of the exact reasons for decline of each species is far from perfect.

A quick fix isn't likely

The U.S. Fish and Wildlife Service and NMFS are committed to a thorough section 7 process, but both agencies are vastly understaffed. As a result, the required review of BAs and the issuance of biological opinions has slowed. A process which a year ago ranged from one to four months may now take between four months and a year or more. Relief via "habitat conservation programs" is likely to be years away. (A summary of King County's "Return of the Kings" salmon recovery plan can be found on the web).

However, there are several measures project managers and staff can take to better understand the section 7 process and how it could affect their projects.

Know your risk factors

Current regulations have been generally insufficient to protect fish and aquatic resources. The section 7 process will require us to look at the biological needs of listed species as our benchmarks to evaluate project impacts and determine adequate conservation and mitigation.

In this new permitting environment, your exposure to risk will vary depending on location and how complex an undertaking you intend.

For general information on what areas provide important fish and wildlife habitat, both local and state agencies have information available. For example, excellent maps showing chinook salmon distribution in Snohomish County are availible from the Snohomish County Planning Department and similar maps for King County and Peirce County are in the works. The Washington State Department of Fish and Wildlife maintains detailed habitat maps, and your local State Department of Fish and Wildlife staff biologist should not be overlooked as a resource for site specific information. Check the internet or your local phone book for the State Department of Fish and Wildlife office in your area.

Bone up on biology

While the Biological Assessment for your project will likely be conducted by a consultant or environmental specialist within the federal permitting agency, project managers and staff should understand the basics of the life history and habitat requirements of listed species in your project area.

Good information on threatened and endangered species and their habitat needs is available on the Internet at the NMFS and U.S. Fish and Wildlife Service web sites.

Bone up on the law

The Endangered Species Act is not overly complicated relative to other federal regulations but it does have some requirements which differ from other pieces of environmental legislation. Review each major section (there are only 11). A good summary of the act including a chronological history of major developments is provided by the State Department of Fish and Wildlife and can be accessed at the web site.

Also, check with your local watershed group, development council, chamber of commerce or professional association to see if they plan to offer any workshops on the Endanger Species Act and section 7 consultation process.

Get involved

At the start of the planning process project managers and staff should be thinking about how the Endangered Species Act and section 7 consultation requirements could affect your project. Media accounts have kept the public informed about declining fish and wildlife, and the issue is dead center in the public eye. If your project will include public involvement, be prepared to speak to fish and wildlife protection and Endangered Species Act compliance.

Also, don't overlook the potential affect proposed fish and wildlife recovery proposals could have on your project. Review existing habitat conservation plans and work appropriate conservation measures into your project from the start.

Model stream habitat protection standards can be found in the state's Wild Salmon Policy, available at the Washington Department of Fish and Wildlife website. Published habitat conservation plans are available from both the U.S. Fish and Wildlife Service and NMFS.

And finally, try to avoid becoming too frustrated. Understand that these new rules are a change for everyone, for agency staff as well for project managers. With some effort and diligence, your project will be built and we'll be able to keep salmon around, too.

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