Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-330 - Authorized work times in saltwater areas

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
The department
				applies timing windows to reduce the risk of impacts to fish life at sensitive
				life stages. In-water work is not allowed during critical periods of the year
				unless a person can take mitigation measures to eliminate risk during critical
				periods.
(2)
Fish life
				concerns:
Work in or near salt waters of the state can harm fish life at
				sensitive life stages including spawning, incubation, juvenile migration,
				rearing, and feeding. Therefore, work must occur at times of the year when the
				risk to fish life is reduced unless the risk can be avoided.
(3)
Authorized work times:
The
				department must specify authorized work times for hydraulic projects when it
				issues HPAs. The department will allow work waterward of the OHWL for the
				following times, areas, and species.
(a)
				Tidal Reference Areas 1 through 17; March 1 through October 15 for projects in
				or adjacent to documented Pacific sand lance spawning beds.
(b) Tidal Reference Areas 1 through 17;
				October 15 through May 15 for projects in or adjacent to juvenile lingcod
				settlement and nursery areas. April 1 through December 31 for projects in or
				adjacent to lingcod nests.
(c)
				Tidal Reference Areas 1 through 17; September 30 through March 15 for projects
				in or adjacent to juvenile rock-fish settlement and nursery areas.
(d) Tidal Reference Area 14; October 1
				through May 15 for projects in or adjacent to documented razor clam
				beds.
(e) Tidal Reference Areas 1
				through 17; the authorized times and areas for protection of migrating juvenile
				salmonids in the nearshore, and for projects in documented Pacific herring
				spawning beds and in or adjacent to documented surf smelt are listed in the
				following table:
Table 4 Authorized Times for Protection of Juvenile
				  Salmonid Migration, Feeding and Rearing Areas and Pacific Herring Spawning and
				  Surf Smelt Spawning Beds
AUTHORIZED TIMES
Tidal Reference Area
Juvenile Salmonid Migration, Feeding and Rearing
						  Areas
Surf Smelt Spawning Beds
Herring Spawning Beds
1
July 15 - February 15
(not present)
April 1 - January 15
2
July 15 - February 15
April 1 - June 30
April 1 - January 15
3
July 15 - February 15
May 1 - September 30
April 1 - January 15
4
August 1 - February 15 for all work except dredging
							 in all areas except Commencement Bay.
September 1 - February 15 for dredging in all areas
							 except Commencement Bay.
July 15 - February 15 for all work in Commencement
							 Bay.
April 15 - September 30
April 15 - January 15
5
August 1 - February 15 for all work except
							 dredging.
September 1 - February 15 for dredging in all areas
							 except Duwamish Waterway.
October 16 - February 15 for dredging in the
							 Duwamish Waterway upstream of the East and West Water ways.
April 1 - August 31 in all areas except Eagle Harbor
							 and Sinclair Inlet. In Eagle Harbor and Sinclair Inlet, authorization is
							 conditional upon inspection because year-round spawning occurs.
May 1 - January 15
6
July 15 - February 15 for all work except
							 dredging.
September 1 - February 15 for dredging.
April 1 - August 31
(not present)
7
July 15 - February 15 for all work except dredging in
							 Port Gardner and the Snohomish River.
September 15 - February 15 for dredging in Port
							 Gardner.
September 1 - February 15 for dredging in the
							 Snohomish River.
Authorization is conditional upon inspection because
						  year-round spawning occurs.
April 15 - January 31
8
August 1 - February 15
Authorization is conditional upon inspection, because
						  year-round spawning occurs.
April 15 - January 31
9
August 1 - February 15
Authorization is conditional upon inspection, because
						  year-round spawning occurs.
April 15 - January 31 south of a line running due
							 west from Governor's Point.
June 15 - January 31 north of a line running due
							 west from Governor's Point.
10
July 15 - February 15
July 15 - January 15 for all work from Tala Point to
							 the Dungeness River.
September 1 - March 1 San Juan Islands.
April 1 - July 31 except in the San Juan Islands where
						  authorization is conditional upon inspection because year-round spawning
						  occurs.
May 1 - January 15
11
July 15 - January 15
March 1 - September 15
April 1 - January 15
12
July 15 - January 15
March 1 - August 31
April 15 - February 15
13
July 15 - January 15
February 16 - July 31
April 15 - January 15
14
July 15 - February 15
October 1 - June 30
(not present)
15
July 15 - February 15
(not present)
February 1 - March 31
16
July 15 - February 15
(not present)
March 15 - January 31
17
July 15 - February 15
(not present)
March 15 - January 31
(f)
				If the surf smelt spawning season for the project location is six months or
				longer, the department may permit work outside of the authorized work times if:
(i) A department-trained biologist, following
				the department's intertidal forage fish spawning habitat survey protocol per
				WAC 220-660-340, conducts a spawning
				survey at the job site;
(ii) The
				results of the inspection show that no spawning is occurring or has recently
				occurred; and
(iii) If the survey
				shows eggs are not present, the person may start work. The person must start
				work within seventy-two hours of a survey.
(g) In documented intertidal forage fish
				spawning areas, the department must not allow work during surf smelt spawning
				seasons shorter than six months or during the Pacific sand lance spawning
				season. The department will make exceptions for projects receiving emergency,
				imminent danger, and expedited HPAs.
(h) The department will require an intertidal
				forage fish spawning bed survey if the job site is adjacent to a documented
				forage fish spawning bed, the beach at the job site has bed materials similar
				to the documented beach, and the work will occur during the spawning
				season.
(i) When specifying
				authorized work times for hydraulic projects, the department must consider the
				construction techniques, mitigation measures proposed, location of the project,
				and characteristics of habitats potentially affected by the project. The
				department may inspect the work area to evaluate the habitat.
(j) During times when work in waters of the
				state is prohibited to protect nearshore juvenile salmonid migration, rearing,
				and feeding areas, the department may permit construction if the structure is
				located at or landward of the OHWL, and if all construction work is conducted
				from the landward side of the project.
(k) The department may apply additional
				timing restrictions to protect other important habitat that supports fish life
				at a specific site.