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Endangered Species Act (ESA) and WSDOT

Northern Spotted Owl
Spotted Owl - Photo from USDA Forest Service

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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.

BA Author Qualifications


Qualified BA Authors
On-Call Consultants List (pdf 30 kb)
Non-On-Call BA Authors List (pdf 12 kb)

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.

Consultation Process

WSDOT's BA development and consultation process can be divided into six general phases:

Biological Assessment Content

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.

BA Guidance

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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Templates & Protocols

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 Information

Recent Changes in ESA Listings

ESA Listing Updates (pdf 212 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. 

Lower Columbia River Coho Salmon Proposed Critical Habitat. On January 14, 2013, the NMFS proposed a rule to designate critical habitat for Lower Columbia River coho salmon (Oncorhynchus kisutch). The proposed critical habitat areas are in Clark, Cowlitz, Klickitat, Lewis, Pacific, Skamania, and Wahkiakum Counties.  NMFS will make a final ruling on critical habitat designation about 1 year from the time of this announcement, and will accept comments on this proposal until April 15, 2013.

Puget Sound Steelhead Proposed Critical Habitat. On January 14, 2013, the NMFS proposed a rule to designate critical habitat for Puget Sound steelhead (Oncorhynchus mykiss). The proposed critical habitat areas are in Clallam, Jefferson, King, Kitsap, Mason, Pierce, Skagit, Snohomish, Thurston, and Whatcom Counties. NMFS will make a final ruling on critical habitat designation about 1 year from the time of this announcement, and will accept comments on this proposal until April 15, 2013.

Mazama Pocket Gopher, Proposed Listing. On December 11, 2012, the USFWS proposed to list four subspecies of the Mazama pocket gopher as threatened under the Endangered Species Act (Olympia pocket gopher {Thomomys mazama pugetensis}, Tenino pocket gopher {Thomomys mazama tumuli}, Yelm pocket gopher {Thomomys mazama yelmensis}, and Roy prairie pocket gopher {Thomomys mazama glacialis}). All of these subspecies reside in Thurston or Pierce Counties. The USFWS is also proposing a 4(d) rule for certain activities that would be exempted from take. The USFWS also proposed to designate 9,234 acres of critical habitat for these four subspecies and determined that listing was not warranted for three other subspecies, and that the Tacoma pocket gopher was extinct (50 CFR 17 73770-73825). 

Northern Spotted Owl Revised Critical Habitat. On December 4, 2012, the USFWS issued a final rule to designate revised critical habitat for the northern spotted owl (Strix occidentalis caurina) under the Endangered Species Act (50 CFR 17, 71876-72068).  This final rule was effective on January 3, 2013. Northern spotted owl critical habitat had been previously designed in 1992 and 2008, with the 2008 designation challenged in court.
This final designation was in response to that lawsuit. The final rule shows approximately 2,730,892 acres of critical habitat in Washington, in four major units and thirteen subunits. The majority of critical habitat is on U.S. Forest Service lands, with lesser amounts on state and private land. Habitat on Joint Base Lewis-McChord was exempted by the Secretary of the Interior. All Bureau of Land Management and U.S. Forest Service lands identified as northern spotted owl critical habitat in this rule fall under the Northwest Forest Plan, and should be managed consistent with its standards.

Taylor's Checkerspot Butterfly, Proposed Listing. On October 11, 2012, the USFWS proposed to list the Taylor’s checkerspot butterfly (Euphydryas editha taylori) as endangered under the Endangered Species Act (50 CFR 17 61938-62058). The Taylor’s Checkerspot has been on the USFWS’ candidate list since 2001, and with this action, the Service is proposing to formally list the species. The USFWS is also proposing critical habitat for the Taylor’s Checkerspot butterfly. 

Streaked Horned Lark, Proposed Listing.  On October 11, 2012, the USFWS proposed to list the Streaked horned lark, (Eremophila alpestris strigata) as threatened under the Endangered Species Act (50 CFR 17 61938-62058). The streaked horned lark has been on the USFWS’ candidate list since 2001, and with this action, the USFWS is proposing to formally list the species. The USFWS is proposing a 4(d) rule for streaked horned lark, where the take prohibitions under Section 9 of the ESA would not apply under the conditions in the 4(d) rule. At this time, the USFWS is considering a 4(d) rule for regular management activities at airports (mowing, hazing of hazardous wildlife, routine management, repair and maintenance of roads and runways) and on private agricultural properties (mowing, grazing, tilling, fence maintenance, etc.). The USFWS is also proposing critical habitat for the streaked horned lark.  
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