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Resolution 11010006.900000 WSS/gjz 7/6/05 RESOLUTION NO. 1101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, RATIFYING THE WATER RESOURCE INVENTORY AREA (WRIA) 8 CHINOOK SALMON CONSERVATION PLAN. WHEREAS, in March, 1999, the National Oceanic and Atmospheric Administration (NOAA) Fisheries listed the Puget Sound Chinook salmon evolutionary significant unit as a threatened species under the Endangered Species Act (ESA), and, WHEREAS, in November, 1999, the United States Fish and Wildlife Service (USFWS) listed the Puget Sound bull trout distinct population segment as a threatened species under the ESA, and WHEREAS, under the ESA, it is illegal to take a listed species, and the ESA defines the term "take" to include actions that could harm listed species or their habitat, and WHEREAS, actions that are directly or indirectly authorized by local governments could potentially expose local governments to civil or criminal penalties under the ESA, and WHEREAS, under the ESA, Section 4(f), NOAA Fisheries (for Chinook salmon) and USFWS (for bull trout) are required to develop and implement recovery plans to address the recovery of the species, and WHEREAS, an essential ingredient for the development and implementation of an effective recovery program is coordination and cooperation among federal, state, and local {WSS606693.DOC;1/00006.900000/) - I - agencies, tribes, businesses, researchers, non -governmental organizations, landowners, citizens, and other stakeholders as required, and WHEREAS, Shared Strategy for Puget Sound, a regional non-profit organization, has assumed a lead role in the Puget Sound response to developing a recovery plan for submittal to NOAA Fisheries and the USFWS, and WHEREAS, Shared Strategy intends that its recovery plan will include commitments from participating jurisdictions and stakeholders, and WHEREAS, local jurisdictions have authority over some habitat -based aspects of Chinook survival through land use and other policies and programs; and the state and tribes, who are the legal co -managers of the fishery resource, are responsible for addressing harvest and hatchery management in WRIA 8, and WHEREAS, in WRIA 8, habitat actions to significantly increase Chinook productivity trends are necessary in conjunction with other recovery efforts, to avoid extinction in the near term and restore WRIA 8 Chinook to viability in the long term, WHEREAS, the City values ecosystem health, water quality improvement, flood hazard reduction, open space protection, and maintaining a legacy for future generations, including commercial, tribal, and spot fishing, quality of life, and cultural heritage, and WHEREAS, the City supports cooperation at the WRIA level to set common priorities for actions among partners, efficient use of resources and investments, and distribution of responsibility for actions and expenditures, and WHEREAS, 27 local governments in WRIA 8 jointly funded development of The WRIA 8 Steering Committee Proposed Lake Washington/Cedar/Sammamish Watershed Chinook {WSS606693.DOC;1/00006.900000/) - 2 - Salmon Conservation Plan (the Plan), published February 25, 2005 following public input and review, and WHEREAS, while the Plan recognizes that salmon recovery is a long-term effort, it focuses on the next 10 years and includes a scientific framework, a start -list of priority actions and comprehensive action lists, an adaptive management approach, and a funding strategy; and WHEREAS, the city has consistently implemented habitat restoration and protection projects, and addressed salmon habitat through its land use and public outreach policies and programs over the past five years, and WHEREAS, it is important to provide jurisdictions, the private sector, and the public with certainty and predictability regarding the course of salmon recovery actions that the region will be taking in the Lake Washington/Cedar/Sammamish Watershed, including the Puget Sound nearshore, and WHEREAS, it is important to provide jurisdictions, the private sector and the public with certainty and predictability regarding the course of salmon recovery actions that the region will be taking in the Lake Washington/Cedar/Sammamish Watershed, including the Puget sound nearshore, and WHEREAS, if insufficient action is taken at the local and regional level, it is possible that the federal government could list Puget Sound Chinook salmon as an endangered species, thereby decreasing local flexibility, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Edmonds hereby ratifies The WRIA 8 Steering committee Proposed Lake Washington/Cedar/Sammamish Watershed Chinook Salmon Conservation Plan, IWSS606693.DOC;1/00006.900000/} - 3 - dated February 25, 2005 (the Plan.) Ratification is intended to convey the City's approval and support for the following: A. The following goals for the Plan: i) The Plan mission statement to conserve and recover Chinook salmon and other anadromous fish, focusing on preserving, protecting and restoring habitat with the intent to recover listed species, including sustainable, genetically diverse, harvestable populations of naturally spawning Chinook salmon. ii) The multiple benefits to people and fish of Plan implementation including water quality improvement, flood hazard reduction, open space protection, and maintaining a legacy for future generations, including commercial, tribal and sport fishing, qualify of life, and cultural heritage. B. Continuing to work collaboratively with other jurisdictions and stakeholders in the Lake Washington/Cedar/Sammamish Watershed (WRIA 8) to implement the Plan. C. Using the scientific foundation and the conservation strategy as the basis for local actions recommended in the Plan and as one source of best available science for future projects, ordinances, and other appropriate local government activities. D. Adopting an adaptive management approach to Plan implementation and funding to address uncertainties and ensure cost-effectiveness by tracking actions, assessing action effectiveness, learning from results of actions, reviewing assumptions and strategies, making corrections where needed, and communicating progress. Developing and implementing a cost- effective regional monitoring program as part of the adaptive management approach. E. Using the comprehensive list of actions, and other actions consistent with the Plan, as a source of potential site specific projects and land use and public outreach recommendations. Jurisdictions, agencies, and stakeholders can implement these actions at any time. F. Using the start -list to guide priorities for regional funding in the first ten years of Plan implementation, and implementing start -list actions through local capital improvement projects, ordinances, and other activities. The Start -list will be revised over IWSS606693.DOC;]/00006.900000/} - 4 - time, as new opportunities arise and as more is learned through adaptive management. G. Using an adaptive approach to funding the Plan through both local sources and by working together (within WRIA 8 and Puget Sound) to seek federal, state grant, and other funding opportunities. The long-term ultimate goal is to fund the Plan through a variety of sources at the current 2004 level plus 50 percent, recognizing that this resolution cannot obligate future councils to financial commitment and that the funding assumptions, strategies, and options will be revisited periodically. H. Forwarding the Plan to appropriate federal and state agencies through Shared Strategy for Puget Sound, to be included in the Puget Sound Chinook salmon recovery plan Section 2. The City recognizes that negotiation of commitments and assurances/conditions with appropriate federal and state agencies will be an interactive process. Full implementation of this Plan is dependent on the following: A. NOAA Fisheries will adopt the Plan, as an operative element of its ESA Section 4(f) recovery plan for Puget Sound Chinook salmon. B. NOAA Fisheries and USFWS will: i) take no direct enforcement actions against the City under the ESA for implementation of actions recommended in or consistent with the Plan; ii) endorse the Plan and its actions, and defend the City against legal challenges by third parties; and iii) reduce the regulatory burden for City activities recommended in or consistent with the Plan that require an ESA Section 7 consultation. C. Federal and state governments will: i) provide funding and other monetary incentives to support Plan actions and monitoring activities; ii) streamline permitting for projects implemented primarily to restore salmonid habitat or where the actions are mitigation that further Plan implementation; {WSS606693.DOC;1/00006.900000/} - 5 - iii) offer programmatic permitting for local jurisdiction actions that are consistent with the Plan; iv) accept the science that is the foundation of the Plan and support the monitoring and evaluation framework; v) incorporate actions and guidance from the Plan in future federal and state transportation and infrastructure planning and improvement projects; and vi) direct mitigation resources toward Plan priorities. Section 3. This resolution does not obligate the City Council to future appropriations beyond current authority. RESOLVED this 191h day of July, 2005. APPROVED: zL�' , - MAYO , 6A-e HA KENSON ATTEST/AUTHENTICATED: 'z� z ez'4� CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: 07/15/2005 PASSED BY THE CITY COUNCIL: 07/19/2005 RESOLUTION NO. 1101 {WSS606693.DOC;1/00006.900000/} - 6 -