Regulations and Policies Related to Biodiversity

King County Regulations and Policies

The King County Comprehensive Plan (Comp Plan) is the guiding policy document for all land use and development regulations in unincorporated King County, and for regional services throughout the County including transit, sewers, parks, trails and open space. The Comp Plan was updated in 2008, and biodiversity is addressed in its own section for the first time.

Critical Areas, Stormwater, and Clearing and Grading Ordinances: The goal of the Critical Areas Ordinance package is to protect the existing functions and values of critical areas and ensure public safety where there are identified hazard areas. The ordinance identifies two general classes of critical areas: (1) environmentally sensitive critical areas, which include rivers, streams, lakes, wetlands, and wildlife habitat; and (2) public safety critical areas (hazard areas), which include areas at high risk for erosion, landslides, earthquakes, or flooding, as well as coal mine hazard areas. The ordinance applies throughout unincorporated King County. Updates to the ordinance are mandated by the State of Washington’s Growth Management Act.

For a list of species protected in the Comp Plan and CAO as Species of Local Importance, scroll down on this page.

Federal Laws

Endangered Species Act

The Federal Endangered Species Act (ESA) was passed in 1973 and prohibits the importation, exportation, taking, and commercialization in interstate or foreign commerce of fish and wildlife, and plants that are listed as threatened or endangered species. The Act also implements the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Here is a digest of the Endangered Species Act of 1973 (16 U.S.C. 1531-1543). And here is the entire ESA in PDF format.

Other Federal Laws

In addition to the ESA, many Federal Laws are in place that protect wildlife. This fact is often overlooked when people are considering County wildlife regulations. Federal Laws are an additional protection for many of our migratory birds, for example.

This external web site presents a summary of some federal wildlife regulations. Here is an excerpt:

• Migratory Bird Treaty Act (16 U.S.C. 703-712), except as allowed by implementing regulations, makes it unlawful to pursue, hunt, kill, capture, possess, buy, sell, purchase, or barter any migratory bird, including the feathers or other parts, nests, eggs, or migratory bird products.
• Bald and Golden Eagle Protection Act (16 U.S.C. 668-668C) makes it illegal to import, export, or take bald or golden eagles, or to sell, purchase, or barter their parts, or products made from them, including their nests or eggs.
makes it illegal to import, export, or take bald or golden eagles, or to sell, purchase, or barter their parts, or products made from them, including their nests or eggs.
• Marine Mammal Protection Act (16 U.S.C. 1361-1407) establishes a moratorium on the taking and importation of marine mammals, including parts and products, and defines Federal responsibility for conservation of marine mammals, with management authority vested in the Department of the Interior for the sea otter, walrus, polar bear, dugong, and manatee.
• Lacey Act (18 U.S.C. 42; 16 U.S.C. 3371-3378) provides authority to the Secretary of the Interior to designate injurious wildlife and ensure the humane treatment of wildlife shipped to the United States. Further, it prohibits the importation, exportation, transportation, sale, or purchase of fish and wildlife taken or possessed in violation of State, Federal, Indian tribal, and foreign laws. Also, the act provides an important tool in the effort to gain control of smuggling and trade in illegally taken fish and wildlife.
• Wild Bird Conservation Act of 1992 (16 U.S.C. 4901) promotes the conservation of exotic birds by (1) encouraging wild bird conservation and management programs in countries of origin; (2) ensuring that all trade in such species involving the United States is biologically sustainable and to the benefit of the species; and (3) limiting or prohibiting imports of exotic birds when necessary to ensure that exotic wild populations are not harmed by removal for the trade.

The US Fish and Wildlife Service (USFWS) web site contains a lot of relevant information:

• Digest of Federal Resource Laws.
• PDF booklet: Facts about Federal Wildlife Laws.
• Guide to the Laws and Treaties of the United States for Protecting Migratory Birds
• Birds protected under the Migratory Bird Treaty Act (Adobe Acrobat file)

Enforcement

Transactional Records Access Clearinghouse (TRAC) at Syracuse University took a look at Trends in prosecution in wildlife laws. They found that "Enforcement of the federal laws designed to protect migratory birds, endangered species, marine mammals and other kinds of wild life has slumped during the Bush Administration, according to authoritative Justice Department data." Additionally, "The decline was documented in an analysis of a special new data base comparing the number of individuals and corporations charged with violating such laws during the first term of President Clinton, the second Clinton term and the Bush years. The data were obtained and analyzed by the Transactional Records Access Clearinghouse (TRAC)."

Washington State Laws

The Revised Code of Washington (RCW) Title 77: Fish and Wildlife is the primary source of fish and wildlife laws specific to Washington State. Washington Department of Fish and Wildlife (WDFW) Enforcement Program is primarily responsible for enforcing the Fish and Wildlife Code.

List of Species Protected in the Comp Plan and CAO as Species of Local Importance

This list is current as of June 30, 2008, and represents King County's Species of Local Importance. Asterisks (*) indicate which species have specified development standards in the Critical Areas Ordinance. Species in boldface are not WDFW Species of Concern. Federal and State status codes are defined at the bottom of the list.

Common name	Scientific name	Animal Type	Federal Status	State Status	Notes on Presence in King Co.
Larch mountain salamander	Plethodon larselli	Amphibian	FCo	SS	in King County
Oregon spotted frog	Rana pretiosa	Amphibian	FC	SE	historic presence; no current populations known
Van dyke's salamander	Plethodon vandykei	Amphibian	FCo	SC	Eastern King County near Snoqualmie Pass
Western toad	Bufo boreas	Amphibian	FCo	SC	We do have them in King County
Beller's ground beetle	Agonum belleri	Beetle	FCo	SC	In WA, only known in King County
Hatch's click beetle	Eanus hatchii	Beetle	FCo	SC	Endemic: only known in King County (historically also SnoCo, but no longer)
Bog idol leaf beetle (also called long-horned leaf beetle)	Donacia idola	Beetle	none	SC	only known in King County in WA; new PHS list incorrectly indicates SnoCo
American white pelican	Pelecanus erythrorhynchos	Bird	none	SE	Eastern WA; rare in K.C.; 5+ records
Bald eagle*	Haliaeetus leucocephalus	Bird	FCo	SS	nesting in King County
Black-backed woodpecker	Picoides arcticus	Bird	none	SC	confirmed breeding in eastern King County
Brandt's cormorant	Phalacrocorax penicillatus	Bird	none	SC	winters in King County waters
Brown pelican	Pelecanus occidentalis	Bird	FE	SE	outer coast; rare in K.C.; 5+ records
Burrowing owl	Athene cunicularia	Bird	FCo	SC	E WA; not in King County (fewer than 5 records)
Cassin's auklet	Ptychoramphus aleuticus	Bird	FCo	SC	outer coast; not King County; fewer than 5 records in K.C.
Common loon	Gavia immer	Bird	none	SS	breeding in King County
Common murre	Uria aalge	Bird	none	SC	winters in King County waters
Flammulated owl	Otus flammeolus	Bird	none	SC	E WA; not in King County; fewer than 5 records in K.C.
Golden eagle	Aquila chrysaetos	Bird	none	SC	confirmed breeding in eastern King County
Great Blue Heron*	Ardea herodias	Bird	-	-	Colonies throughout King County; population trajectory uncertain
Lewis' woodpecker	Melanerpes lewis	Bird	none	SC	E WA; not supposed to be in King County; record on Vashon
Marbled murrelet*	Brachyramphus marmoratus	Bird	FT	ST	probable nesters in King County
Merlin	Falco columbarius	Bird	none	SC	winters in and migrates through King County; no breeding
Northern goshawk*	Accipiter gentilis	Bird	FCo	SC	few breeding in King County
Oregon vesper sparrow	Pooecetes gramineus affinis	Bird	FCo	SC	not in King County; rare in K.C.; 5+ records
Osprey*	Pandion haliaetus	Bird	-	-	Common in the County near large water bodies
Peregrine falcon*	Falco peregrinus	Bird	FCo	SS	in King County
Pileated woodpecker	Dryocopus pileatus	Bird	none	SC	confirmed breeding in King County
Purple martin	Progne subis	Bird	none	SC	confirmed breeding in King County
Red-tailed Hawk*	Buteo jamaicensis	Bird	-	-	Ubiquitous in the County
Sandhill crane	Grus canadensis	Bird	none	SE	Eastern WA breeder; some migrate through K.C.
Snowy plover	Charadrius alexandrinus	Bird	FT	SE	SW coast of WA; not their habitat or range; fewer than 5 records in K.C.
Spotted owl*	Strix occidentalis	Bird	FT	SE	confirmed breeding
Streaked horned lark	Eremophila alpestris strigata	Bird	FC	SE	extremely unlikely; if in county, extreme NE edge
Upland sandpiper	Bartramia longicauda	Bird	none	SE	Eastern WA, if in WA at all; fewer than 5 records in K.C.
Vaux's swift*	Chaetura vauxi	Bird	none	SC	confirmed breeding in King County
Western grebe	Aechmophorus occidentalis	Bird	none	SC	winters in and migrates through King County; no breeding
Yellow-billed cuckoo	Coccyzus americanus	Bird	FC	SC	historic presence; no current populations known in WA
Johnson's hairstreak	Mitoura johnsoni	Butterfly / Moth	none	SC	have been recorded in King County in suitable habitat: lowland coniferous forests that contain dwarf mistletoes of the genus Arceuthobium.
Valley silverspot	Speyeria zerene bremnerii	Butterfly / Moth	FCo	SC	Yes, may be in King Co.
Black rockfish	Sebastes melanops	Fish	none	SC
Bocaccio rockfish	Sebastes paucispinis	Fish	none	SC
Brown rockfish	Sebastes auriculatus	Fish	FCo	SC
Canary rockfish	Sebastes pinniger	Fish	none	SC
Copper rockfish	Sebastes caurinus	Fish	FCo	SC
Greenstriped rockfish	Sebastes elongatus	Fish	none	SC
Quillback rockfish	Sebastes maliger	Fish	FCo	SC
Redstripe rockfish	Sebastes proriger	Fish	none	SC
Yelloweye rockfish	Sebastes ruberrimus	Fish	none	SC
Yellowtail rockfish	Sebastes flavidus	Fish	none	SC
Steelhead (Puget Sound)	Oncorhynchus mykiss	Fish	FT	none	in King County watercourses
Chinook salmon (puget sound)	Oncorhynchus tshawytscha	Fish	FT	SC	in King County
Bull trout	Salvelinus confluentus	Fish	FT	SC	in King County
Pygmy whitefish	Prosopium coulteri	Fish	FCo	SS	in King County
Olympic mudminnow	Novumbra hubbsi	Fish	none	SS	possibly in King County; tho' records could have been from planted fish
Pacific cod	Gadus macrocephalus	Fish	FCo	SC	King County waters
Walleye pollock (so. Puget sound)	Theragra chalcogramma	Fish	FCo	SC	possible in King County waters
Pacific hake	Merluccius productus	Fish	FCo	SC	King County waters
Pacific herring	Clupea pallasi	Fish	FC	SC	spawning grounds in Quartermaster Harbor, Vashon-Maury Island
River lamprey	Lampetra ayresi	Fish	FCo	SC	In King County
Black right whale	Balaena glacialis	Mammal	FE	SE	coastal - offshore
Fin whale	Balaenoptera physalus	Mammal	FE	SE	coastal - offshore
Gray whale	Eschrichtius robustus	Mammal	none	SS	coastal - offshore
Humpback whale	Megaptera novaeangliae	Mammal	FE	SE	coastal - offshore
Killer whale	Orcinus orca	Mammal	FE	SE	potentially the entire Sound; in K.C. waters
Pacific harbor porpoise	Phocoena phocoena	Mammal	none	SC	range includes King County waters
Sea otter	Enhydra lutris	Mammal	FCo	SE	outer coast; visitor to King County
Steller sea lion	Eumetopias jubatus	Mammal	FT	ST	outer coast; visitor to King County
Fisher	Martes pennanti	Mammal	FCo	SE	extirpated; historically present
Gray wolf	Canis lupus	Mammal	FE	SE	possible; former range in Cascades of King County; sightings in 2003 and 1992
Grizzly bear	Ursus arctos	Mammal	FT	SE	possible, but unlikely in King County; one PHS record in 1989, adult
Lynx	Lynx canadensis	Mammal	FT	ST	unlikely but possible in extreme NE corner of county
Townsend's big-eared bat*	Corynorhinus townsendii	Mammal	FCo	SC	presumed in King County
Wolverine	Gulo gulo	Mammal	FCo	SC	possible in King County
Olympia oyster	Ostrea conchaphila	Mollusk	none	SC	PHS data indicates they are in King County waters
Western pond turtle	Actinemys marmorata	Reptile	FCo	SE	there are just a few historic records in KC

Status Codes:

• FE: Federal Endangered
• FT: Federal Threatened
• FC: Federal Candidate
• FCo: Federal Species of Concern
• SE: State Endangered, defined in WAC 232-12-297, Section 2.4, to include "any wildlife species native to the state of Washington that is seriously threatened with extinction throughout all or a significant portion of its range within the state."
• ST: State Threatened, defined in WAC 232-12-297, Section 2.5, to include "any wildlife species native to the state of Washington that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range within the state without cooperative management or removal of threats."
• SC: State Candidate, defined in WDFW Policy M-6001 to include fish and wildlife species that the Department will review for possible listing as State Endangered, Threatened, or Sensitive. A species will be considered for designation as a State Candidate if sufficient evidence suggests that its status may meet the listing criteria defined for State Endangered, Threatened, or Sensitive.
• SS: State Sensitive, defined in WAC 232-12-297, Section 2.6, to include "any wildlife species native to the state of Washington that is vulnerable or declining and is likely to become endangered or threatened throughout a significant portion of its range within the state without cooperative management or removal of threats."