2019_KittitasCountyHMP_Volume 1_For Adoption

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CHAPTER 5. CAPABILITY ASSESSMENT 5-3 has been proposed, agencies receive comment and conduct further scientific reviews, after which they must decide if the listing is warranted. Economic impacts cannot be considered in this decision, but it may include an evaluation of the adequacy of local and state protections. • Section 7: Consultation—Federal agencies must ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed or proposed species or adversely modify its critical habitat. This includes private and public actions that require a federal permit. Once a final listing is made, non-federal actions are subject to the same review, termed a “consultation.” If the listing agency finds that an action will “take” a species, it must propose mitigations or “reasonable and prudent” alternatives to the action; if the proponent rejects these, the action cannot proceed. • Section 9: Prohibition of Take—It is unlawful to “take” an endangered species, including killing or injuring it or modifying its habitat in a way that interferes with essential behavioral patterns, including breeding, feeding or sheltering. • Section 10: Permitted Take—Through voluntary agreements with the federal government that provide protections to an endangered species, a non-federal applicant may commit a take that would otherwise be prohibited as long as it is incidental to an otherwise lawful activity (such as developing land or building a road). These agreements often take the form of a “Habitat Conservation Plan.” • Section 11: Citizen Lawsuits—Civil actions initiated by any citizen can require the listing agency to enforce the ESA’s prohibition of taking or to meet the requirements of the consultation process. With the listing of salmon and trout species as threatened or endangered, the Pacific Coast states have been impacted by mandates, programs and policies based on the presumed presence of listed species. Most West Coast jurisdictions must now take into account the impact of their programs on habitat. The Clean Water Act The federal Clean Water Act (CWA) employs regulatory and non-regulatory tools to reduce direct pollutant discharges into waterways, finance municipal wastewater treatment facilities, and manage polluted runoff. These tools are employed to achieve the broader goal of restoring and maintaining the chemical, physical, and biological integrity of the nation’s surface waters so that they can support “the protection and propagation of fish, shellfish, and wildlife and recreation in and on the water.” Evolution of CWA programs over the last decade has included a shift from a program-by-program, source- by-source, and pollutant-by-pollutant approach to more holistic watershed-based strategies. Under the watershed approach, equal emphasis is placed on protecting healthy waters and restoring impaired ones. A full array of issues are addressed, not just those subject to CWA regulatory authority. Involvement of stakeholder groups in the development and implementation of strategies for achieving and maintaining water quality and other environmental goals is a hallmark of this approach. National Flood Insurance Program The National Flood Insurance Program (NFIP) provides federally backed flood insurance in exchange for communities enacting floodplain regulations. Participation and good standing under NFIP are prerequisites to grant funding eligibility under the Robert T. Stafford Act. The County and most of the partner cities for this plan participate in the NFIP and have adopted regulations that meet the NFIP requirements. At the time of the preparation of this plan, all participating jurisdictions in the partnership were in good standing with NFIP requirements.