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To ensure that a proposed federal action is compliant with the requirements of the Endangered Species Act and meets WSDOT Biological Assessment (BA) standards, a process of environmental evaluation, documentation, and review has been developed by WSDOT.
In June 2006, WSDOT began a qualification program for consultants who prepare biological assessments for the agency. The program involves attendance at required seminars, passing an examination, and meeting biological assessment quality standards defined by WSDOT.
Spotted Owl - Photo from USDA Forest ServiceWSDOT's BA development and consultation process can be divided into six general phases:
The Endangered Species Act requires preparation of a BA for any major construction project with a federal nexus. WSDOT has developed specific standards and guidance on content of Biological Assessments prepared for the agency.
WSDOT, in conjunction with USFWS, NMFS and FHWA, routinely develops guidance documents and protocols for addressing certain topics in Biological Assessments. The BA Guidance page provides a localized site to find all current and updated guidance documents on subjects such as stormwater, noise assessments and indirect effects and the WSDOT BA Preparation for Transportation Projects Manual.
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Several protocols and templates are available to standardize elements of the consultation and are required as appendices within Biological Assessments for WSDOT projects.
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Species List/ESA Listing InformationESA Listing Updates (pdf 55 kb) contains updated information on listing and delisting proposals, status of proposed critical habitat and protective regulations, 90-day petition findings and species undergoing 12-month status reviews for Washington State.
Bull Trout Proposed Critical Habitat - The USFWS announced January 14, 2010 a proposal to revise designated critical habitat for bull trout. If finalized, the proposal would increase the amount of stream miles designated as bull trout critical habitat in five states by 18,851 miles and the amount of lakes and reservoirs designated as critical habitat by 390,208 acres. No change is proposed to the 985 miles of marine shoreline in Washington that were designated in 2005. The proposed rule is expected to become final September 30, 2010.
Brown Pelican - USFWS announced November 17, 2009 that the brown pelican has been recovered and will be removed from the list of endangered and threatened species under the Endangered Species Act. The species was proposed for delisting in February 2008 (73 FR 9408). With removal of the brown pelican from the endangered species list, federal agencies will no longer be required to consult with the Service to ensure any action they authorize, fund, or carry out will not harm the species. However, federal laws such as the Migratory Bird Treaty Act and the Lacey Act will continue to protect the brown pelican, its nests and its eggs. The delisting is effective after December 17, 2009.
Southern DPS Green Sturgeon - On October 9, 2009, NMFS announced the final designation of critical habitat for the Southern DPS of North American green sturgeon. A few areas of Washington in the original proposal for designation, such as the Columbia River from River Mile 50 upstream to Bonneville Dam, Puget Sound and tribal and Department of Defense lands, were excluded in the final. The final designation defines critical habitat areas in Washington to include all US coastal marine areas out to the 60 fm depth bathymetry line (relative to MLLW) including the Straight of Juan de Fuca and all tidally influenced areas of the Lower Columbia River, Willapa Bay and Grays Harbor.
Georgia Basin Rockfish Distinct Population Segments - On April 23, 2009, the National Marine Fisheries Service (NMFS) published the results of the 12-month scientific status review of five species of rockfish and proposal to list three species under the Endangered Species Act. Based on the review, NMFS has proposed the Georgia Basin Distinct Population Segment (DPS) of bocaccio as an endangered species and the Georgia Basin DPS’s of yelloweye rockfish and canary rockfish as threatened species. The Georgia Basin DPS boundaries refers to all of Puget Sound, including the area around the San Juan Islands and the Strait of Georgia north to the mouth of the Campbell River in British Columbia. The western boundary of the DPS runs along the Victoria sill from east of Port Angeles to Victoria across the Strait of Juan de Fuca.
Northern Rocky Mountain Gray Wolf Distinct Population Segment - On April 2, 2009, the U.S. Fish and Wildlife Service published in the Federal Register a Final Rule that identifies the Northern Rocky Mountain (NRM) population of gray wolf as a distinct population segment (DPS), and removes gray wolves within NRM DPS boundaries from the list of threatened and endangered wildlife, except in Wyoming. The NRM DPS encompasses the eastern one-third of Washington and Oregon, a small part of north-central Utah, and all of Montana, Idaho, and Wyoming. This rule becomes effective on May 4, 2009.
Wolves that occur in the eastern one-third of Washington, east of highways 97, 17, and 395, will no longer be federally listed under the ESA. Any wolves in all other parts of the state west of highways 97, 17, and 395 remain federally protected under the ESA.
Eulachon (Columbia River Smelt) - On March 13, 2009, the National Marine Fisheries Service published a Proposed rule to delineate Columbia River smelt into two or more distinct population segments (DPS) and to list the Southern DPS as threatened under the Endangered Species Act. This proposed action may become finalized within one year from the date of the proposed rule (by March 13, 2010).
Canada Lynx - Final rule on revised critical habitat designation for the contiguous United States distinct population segment of the Canada lynx - February 25, 2009. The revised critical habitat designation becomes effective on March 27, 2009.
Delisting of Bald Eagle - August 8, 2007 - The bald eagle is still protected under the Bald and Golden Eagle Protection Act (Eagle Act) and the Migratory Bird Treaty Act.
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