NMFS Proposes 1,700 Square Miles of Puget Sound to be Critical Habitat

Public Notice Published August 6, 2013 in the Federal Register
Public Comments Due November 4, 2013
Log on to: http://www.regulations.gov/#!documentDetail;D=NOAA_FRDOC_0001-2633 and click on "Comment Now" where you will be able to submit comments and/or attachments.

Proposal
The National Marine Fisheries Services (NMFS) has proposed over 1,700 square miles of Puget Sound be declared critical habitat for three species of rockfish listed under the Endangered Species Act (ESA), including the threatened distinct population segment (DPS) of Yelloweye rockfish, the threatened DPS of Canary rockfish, and the endangered DPS of Bocaccio.

Proposed Critical Habitat in Puget Sound

From the Federal Register/Public Notice

The reason
As with the southern resident population of Orca, the populations of these rockfish were also determined to be distinct population segments (DPS) in need of protection under the Endangered Species Act. Puget Sound's habitat supports these protected species, among many others. One (Boccacio) is considered endangered and the other two (Canary and Yelloweye) are threatened. Concerns noted in the Public Notice include escaped nets, something which, with the expansion of geoduck farming in south Puget Sound is a growing concern.

South Puget Sound Critical Habitat

(from NOAA's interactive ERMA web site)

Critical Habitat Proposed in the San Juan Islands

(from NOAA's interactive ERMA web site)



Litigation
Given that the proposed critical habitat areas are intended to support distinct population segments (DPS) of rock fish which are also found elsewhere the conservative Pacific Legal Foundation (PLF) will no doubt challenge the proposal, initially in comments, followed by petitions to delist the species. As PLF attorney Damien Schiff noted a Seattle Times article in response to NMFS rejecting PLF's petition to remove the southern resident Orca from the list of endangered species, "Although we disagree with the service, the finding does tee up various issues that we would like to litigate over," With over $30 million in net assets they are well funded to do so. With the current focus of conservative groups and some industries - large and small - to weaken the current environmental protections in place there are those motivated to weaken, if not prevent, this current proposal.

PLF Attorney Damien Schiff





"would like to litigate"

 

National Marine Fisheries Service: Cumulative Impacts Not Considered by Nationwide Permits

Cumulative impacts: The impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (Federal or non-federal) or person undertakes such other actions. (40 CFR 1508.7).

(click here to read the Bilogical Opinion)

A Biological Opinion written by National Marine Fisheries Service (NMFS) has told the Army Corps their 2012 Nationwide Permits are not able to determine whether cumulative impacts  are adversely impacting the environment.  NMFS has told the Army Corps they will now need to take specific steps with NFMS's Regional or Branch Office to ensure cumulative impacts are in fact considered (beginning on page 225).

NMFS's Northwest Regional Office, including the Southwest Washington Habitat Branch covering Mason, Thurston, Pacific, Pierce and Grays Harbor Counties, are now responsible for overseeing the Army Corps' implementation of Nationwide Permit 48 which covers existing shellfish farms as well as proposed new farms or expansion of existing farms.  They will be responsible for determining whether, in fact, cumulative impacts from shellfish farming can be determined and whether they are occurring.

Will the "Shellfish Initiative" and "streamlined permitting" being promoted by NOAA, the department overseeing NMFS, allow for objective oversight?  As it relates to Puget Sound and aquaculture, it borders on the fox guarding the hen house.  Especially in light of the recent lobbying by the shellfish industry to minimize the Army Corps' oversight of their activities.

(Shellfish industry lobbying paper on

minimizing Army Corps' oversight)

(Click to enlarge)