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Wednesday, October 28, 2015

Get familiar with DNR's Aquatic Lands Habitat Conservation Plan

Since releasing a draft Aquatic Lands Habitat Conservation Plan (HCP) in September 2014, the Washington Department of Natural Resources (DNR) has received a significant number of questions and comments about the benefits it could provide the marine trade industry. 

In short, DNR is seeking an HCP to maintain the flexibility we currently have in managing over 5,000 use authorizations on state-owned aquatic lands while reducing Endangered Species Act risk for the state and its aquatic lessees. 

With so many diverse uses of state-owned aquatic lands, DNR faces risk to the authority that allows these productive partnerships because of the potential cumulative impacts posed to the aquatic habitat of endangered species.

DNR has seen firsthand the impacts endangered species can have on those who rely on Washington’s public lands for business. 
Listing of the northern spotted owl and marbled murrelet under the Endangered Species Act had severe impacts on the management of nearly 700,000 acres of state managed forests and all private timberlands. Courts delayed harvests, limited the state’s management discretion and decreased revenue that use of public lands feeds into our public schools and other community institutions. Foresters, mills and local economies that had been tied to timber harvests also suffered as protection of endangered species habitat changed the business models of entire industries. 

When the Puget Sound Chinook salmon was listed as an endangered species in 2005 DNR’s Aquatics Division realized it would be in the state’s best interest to find a proactive solution to balancing environmental protection with good use of public lands. Since the initial work on the HCP began, the importance of this has become more apparent with the listing of other species that utilize aquatic lands including Puget Sound steelhead, green sturgeon and three rock fish species, among others.  

As a proprietary agency and not a regulator, DNR has the unique ability to help meet the needs of businesses who use state-owned lands while also acting as good stewards of aquatic habitat. 

That flexibility would be limited – or potentially lost – if the use authorizations DNR uses to conduct business are challenged under the Endangered Species Act. The Aquatic Lands HCP protects DNR from that liability. 

It provides Section 10 coverage for 29 species, and a “No Surprises” policy which eliminates further obligations for implementing conservation measures beyond those spelled out in the HCP. It also allows those looking to use state-owned aquatic lands a streamlined process for acquiring permits under Section 7 of the Endangered Species Act. 

By continuing to work together, DNR and its tenants can meet our mutual goals of being responsible stewards of public lands with the continued flexibility and predictability for marine trade businesses. Adoption of this aquatic lands HCP will provide us a long-term tool for ensuring the partnerships that have provided mutual benefits for decades past can continue for decades more with reduced Endangered Species Act liability. 

This article was provided by David Palazzi, Planning Program Manager for the DNR Aquatics Program

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