18E.40.020 Fish and Wildlife Species and Habitat Conservation Areas.
A. General. Fish and wildlife habitat conservation areas are those areas that support regulated fish and wildlife species, typically identified either by known point locations of specific species (such as a nest or den) or by habitat areas or both.
B. Federally- and State-Listed Species and their Associated Habitats. Areas which have a primary association with federally-listed endangered, threatened, and candidate species of fish or wildlife (as specified in 50 CFR 17.11 or 50 CFR 17.12) or State-listed endangered, threatened, sensitive, candidate, and monitor species (as specified in WAC 232-12-297 and WDFW Policy M-6001) that if altered may reduce the likelihood that the species will survive and reproduce over the long term. A list of endangered, threatened, sensitive, candidate, and monitor species found in Pierce County is available at the Pierce County Planning and Public Works Department.
C. Species of Local Importance and their Associated Habitats. In addition to federally- and state-listed species, the following fish and wildlife species and their associated habitat areas shall be regulated under this Chapter:
1. Fish. Coho salmon, Chinook salmon, bull trout, pink salmon, chum salmon, sockeye salmon, cutthroat trout, native/wild rainbow trout/steelhead, greenlings (lingcod), Pacific whiting, smelt (longfin, surfsmelt), herring, and sandlance (Pacific).
2. Birds. Osprey.
3. Vulnerable Aggregations. Vulnerable aggregations of fish and wildlife species as defined in the Washington Department of Fish and Wildlife Priority Habitats and Species/Heritage Program that reside in Pierce County. A list of vulnerable aggregations of fish and wildlife species found in Pierce County is available at the Pierce County Planning and Public Works Department.
D. Habitats of Local Importance. Documented habitat areas or potential habitat areas and point locations for fish and wildlife species. These areas include specific habitat types, which are infrequent in occurrence in Pierce County and may provide specific habitats with which endangered, threatened, sensitive, candidate, or monitor fish and wildlife species have a primary association, such as breeding habitat, winter range, and movement corridors. These areas include the following:
1. Oregon white oak trees and woodlands. Oregon white oak woodlands, stands, and individual trees meeting the following criteria shall be considered priority habitat and shall be subject to protection under the provisions of this Chapter:
a. Priority Oregon White Oak Woodlands. Stands of Oregon white oak or oak/conifer associations where the stand is at least one acre in size and the canopy coverage of the oak component of the stand is greater than or equal to 25 percent. (See Figure 18E.40-1 in Chapter 18E.120 PCC.)
b. Significant Oaks and Stands. Within the urban growth area, single oaks or stands of oaks smaller than one acre in size when any of the following criteria are met:
(1) Individual trees having a diameter at breast height of 20 inches or more; or
(2) Oregon white oak stands in which the oak trees have an average diameter at breast height of 15 inches or more regardless of stand size.
2. Prairies.
3. Old growth/mature forests.
4. Caves.
5. Cliffs.
6. Snag-rich areas and downed logs. Priority logs are ≥ 30 cm (12 in) in diameter at the largest end, and ≥ 6 m (20 feet) long. Priority snag and downed log habitat includes individual snags and/or logs, or groups of snags and/or logs of exceptional value to wildlife due to their scarcity or location in a particular landscape. Areas with abundant, well-distributed snags and logs are also considered priority snag and log habitat. Examples include large, sturdy snags adjacent to open water, remnant snags in developed or urbanized settings, and areas with a relatively high density of snags.
7. Elk herd winter range.
8. Talus. Talus areas that support pica or rock rabbit, Van Dyke's salamander, western redback salamander, northern alligator lizard, or western fence lizard.
9. Commercial and recreational shellfish areas.
10. Kelp and native eelgrass beds.
11. Herring, smelt, and sandlance spawning areas.
12. Natural waters and adjacent riparian-shoreline areas including:
a. All water bodies classified by the Washington Department of Natural Resources (DNR) water typing classification system as detailed in WAC 222-16-030 and 222-16-031.
b. All waters that support regulated fish or wildlife species (i.e., areas that have connectivity to fish bearing waters and may potentially provide habitat given no natural barriers to fish passage).
c. Ponds and their submerged aquatic beds.
d. Side channels and/or off-channel habitat.
13. Estuaries and tidal marshes.
14. Connectable relic channels and oxbows. A relic channel or oxbow may be considered connectable when any of the following criteria are met:
a. The channel or oxbow is associated with the river during high flow events;
b. The depth of the channel or oxbow is at or very near the groundwater elevation;
c. The channel or oxbow is likely to be captured by the river during high flow events;
d. Excavation between the channel or oxbow and river will not result in adverse impacts to local groundwater levels or adjacent wetlands.
15. Wetlands (refer to Chapter 18E.30 PCC).
16. Heron rookeries.
17. Cavity nesting duck habitat.
18. Western bluebird non-artificial nesting sites.
19. Marine Shoreline Critical Salmon Habitat.
20. Critical saltwater habitats include all kelp beds, native eelgrass beds, spawning and holding areas for forage fish, such as herring, smelt and sandlance; subsistence, commercial, and recreational shellfish beds; mudflats, intertidal habitats with vascular plants, and areas with which priority species have a primary association.
E. Potential Fish and Wildlife Habitat Conservation Areas. Potential regulated fish and wildlife habitat conservation areas, as depicted on the County Geographic Information System (GIS)-Critical Fish and Wildlife Habitat Area Maps, are those areas where the suspected presence of regulated fish or wildlife species is sufficient to require fish or wildlife habitat conservation area review. (See Figure 18E.40-2 in Chapter 18E.120 PCC.) Potential regulated fish and wildlife habitat conservation areas are determined using the following criteria:
1. A habitat area identified on one of the maps listed in PCC 18E.10.140 – Appendix A, F (includes, but is not limited to, breeding habitat, winter ranges, movement corridors, kelp and eelgrass beds, commercial and recreational shellfish areas, oak woodlands, rivers, streams, lakes, ponds, etc., as outlined in PCC 18E.40.020 A. through D. above) plus the adjacent 165 feet surrounding the habitat area. Note: the 165 foot distance around rivers, streams, lakes, and ponds shall be measured from the ordinary high water mark.
2. A point location identified on one of the maps listed in PCC 18E.10.140 – Appendix A, F (including, but not limited to, nests, dens, rookeries, etc.) plus the adjacent 800 feet surrounding the point location.
3. Bald eagle foraging areas (1/2 mile from the nest in either direction along the shoreline and 250 feet landward measured from the ordinary high water mark).