Common use of Critical Habitat Clause in Contracts

Critical Habitat. NMFS established designated critical habitat for the Southern Resident Killer Whale on November 29, 2006 (Federal Register /Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations). Three specific areas are designated, (1) the Summer Core Area in Xxxx Xxxxxx and xxxxxx around the San Xxxx Islands; (2) Puget Sound; and (3) the Strait of Xxxx xx Xxxx, which comprise approximately 2,560 square miles (6,630 sq km) of marine habitat. The final critical habitat designation does not include waters shallower than 20 feet based on extreme high tide. Tidal fluctuations vary at locations throughout the critical habitat areas, but generally the shallow areas not included in the critical habitat designation are very shallow (5–10 feet) in some tidal conditions and can even be exposed at very low tides. Critical habitat includes all waters relative to a contiguous shoreline delimited by the line at a depth of 20 feet relative to extreme high water in each of the following areas: all marine waters in Skagit County east of the Deception Pass Bridge (Highway 20) (48o24′ 25″ N./ 122o38′35″ W.) Primary Constituent Elements pursuant to the regulations, such requirements include, but are not limited to, the following: (1) Space for individual and population growth, and for normal behavior; (2) food, water, air, light, minerals, or other nutritional or physiological requirements; (3) cover or shelter; (4) sites for breeding, reproduction, rearing of offspring, germination, or seed dispersal; and generally, (5) habitats that are protected from disturbance or are representative of the historic geographical and ecological distributions of a species. Based on this natural history of the Southern Resident killer whales and their habitat needs, the physical or biological features of Southern Resident killer whale habitat are: (1) Water quality to support growth and development; (2) Prey species of sufficient quantity, quality and availability to support individual growth, reproduction and development, as well as overall population growth; and (3) Passage conditions to allow for migration, resting, and foraging. These constitute the primary constituent elements essential for conservation of the Southern Resident killer whale (Federal Register /Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations). APPENDIX C – REQUEST FOR CREDIT FORM Request For Credit (To be completed by District conducting maintenance action) Submit completed form with SPIF to the U.S. Army Corps of Engineers PO Box 3755 Seattle, Washington 98124-3755 District: Date: Site Name: Site Number: Gate Number: Project Description:

Appears in 2 contracts

Samples: salishsearestoration.org, www.skagitriverhistory.com

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Critical Habitat. NMFS established designated critical habitat for the Southern Resident Killer Whale on November 29, 2006 (Federal Register /Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations). Three specific areas are designated, (1) the Summer Core Area in Xxxx Xxxxxx Strait and xxxxxx waters around the San Xxxx Islands; (2) Puget Sound; and (3) the Strait of Xxxx xx Xxxx, which comprise approximately 2,560 square miles (6,630 sq km) of marine habitat. The final critical habitat designation does not include waters shallower than 20 feet based on extreme high tide. Tidal fluctuations vary at locations throughout the critical habitat areas, but generally the shallow areas not included in the critical habitat designation are very shallow (5–10 feet) in some tidal conditions and can even be exposed at very low tides. Critical habitat includes all waters relative to a contiguous shoreline delimited by the line at a depth of 20 feet relative to extreme high water in each of the following areas: all marine waters in Skagit County east of the Deception Pass Bridge (Highway 20) (48o24′ 25″ N./ 122o38′35″ W.) Primary Constituent Elements pursuant to the regulations, such requirements include, but are not limited to, the following: (1) Space for individual and population growth, and for normal behavior; (2) food, water, air, light, minerals, or other nutritional or physiological requirements; (3) cover or shelter; (4) sites for breeding, reproduction, rearing of offspring, germination, or seed dispersal; and generally, (5) habitats that are protected from disturbance or are representative of the historic geographical and ecological distributions of a species. Based on this natural history of the Southern Resident killer whales and their habitat needs, the physical or biological features of Southern Resident killer whale habitat are: (1) Water quality to support growth and development; (2) Prey species of sufficient quantity, quality and availability to support individual growth, reproduction and development, as well as overall population growth; and (3) Passage conditions to allow for migration, resting, and foraging. These constitute the primary constituent elements essential for conservation of the Southern Resident killer whale (Federal Register /Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations). APPENDIX C – REQUEST FOR CREDIT FORM Request For Credit (To be completed by District conducting maintenance action; submit to WWAA) Submit completed form with SPIF to the U.S. Army Corps of Engineers PO Box 3755 SeattleXX Xxx 0000 Xxxxxxx, Washington 98124Xxxxxxxxxx 00000-3755 0000 District: Date: Site Name: Site Number: Gate Number: Project Description: Type of Repair: minor major replacement Is excavation required? yes no If yes, provide details in project description. Credit amount requested: ½ full Indicate if the following have been completed: U.S. Corps of Engineers SPIF: yes no date completed: WDFW HPA Issued: yes no date completed: Requesting Party: print name phone fax Signature Date District Commissioner: print name Signature Date Credit Administrator Approval Fax date: Approved: yes no Mail date: Comments: Approved by: Signature Date APPENDIX D – NEW PROJECT REVIEW CHECKLIST New Estuary Habitat Restoration Project Review Submit completed checklist to WWAA c/o Xxxx Xxxxxx 0000 Xxxxxxxxxxx Xxxxx, Xxxxx 0 Xxxxx Xxxxxx, XX 00000 Project Sponsor: Date: Project Name: Project Location: Project Description: yes Does the project support the objectives of the Skagit Chinook Recovery Plan? no Does the project involve agricultural land within the Implementation Agreement Coverage Area? yes no yes Does the project result in increased or improved estuary habitat for Chinook salmon? no yes Is the proposed project supported by the agricultural community? no If yes, provide letter of support or other documentation. yes Oversight Committee Approval: no Date Approved: Copies to: Project Sponsor Credit Administrator APPENDIX E – MEMORANDUM OF UNDERSTANDING GREATER SKAGIT DELTA TIDEGATES AND FISH INITIATIVE MEMORANDUM OF UNDERSTANDING By and Between WESTERN WASHINGTON AGRICULTURAL ASSOCIATION NOAA NATIONAL MARINE FISHERIES SERVICE WASHINGTON DEPARTMENT OF FISH AND WILDLIFE This Memorandum of Understanding (MOU) represents a commitment and agreement by the above named parties to develop and implement a delta-wide landscape approach for the recovery and restoration of estuarine habitat that directly supports the goals and objectives of the Puget Sound Chinook Salmon Restoration Plan. It is designed as a collaborative and cooperative effort to contribute to the recovery of Skagit River Chinook salmon populations while supporting the long-term sustainability of agriculture in the greater Skagit delta by ensuring a properly permitted and functioning process for maintaining the existing drainage and tidegate infrastructure system. PURPOSE AND INTENT It is the purpose and intent of this MOU to: 1) Identify the interests of each party, 2) Recognize the benefits of a collaborative approach that moderates the contentious negotiations that have sometimes occurred previously, and 3) Commit to the development of a long-term implementation agreement that enhances the condition and function of natural habitats and contributes to certainty of agricultural sustainability. The specific goals and objectives of the implementation agreement will be to:

Appears in 2 contracts

Samples: wdfw.wa.gov, salishsearestoration.org

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Critical Habitat. NMFS established designated critical habitat for the Southern Resident Killer Whale on November 29, 2006 (Federal Register /Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations). Three specific areas are designated, (1) the Summer Core Area in Xxxx Xxxxxx Strait and xxxxxx waters around the San Xxxx Islands; (2) Puget Sound; and (3) the Strait of Xxxx xx Xxxx, which comprise approximately 2,560 square miles (6,630 sq km) of marine habitat. The final critical habitat designation does not include waters shallower than 20 feet based on extreme high tide. Tidal fluctuations vary at locations throughout the critical habitat areas, but generally the shallow areas not included in the critical habitat designation are very shallow (5–10 feet) in some tidal conditions and can even be exposed at very low tides. Critical habitat includes all waters relative to a contiguous shoreline delimited by the line at a depth of 20 feet relative to extreme high water in each of the following areas: all marine waters in Skagit County east of the Deception Pass Bridge (Highway 20) (48o24′ 25″ N./ 122o38′35″ W.) Primary Constituent Elements pursuant to the regulations, such requirements include, but are not limited to, the following: (1) Space for individual and population growth, and for normal behavior; (2) food, water, air, light, minerals, or other nutritional or physiological requirements; (3) cover or shelter; (4) sites for breeding, reproduction, rearing of offspring, germination, or seed dispersal; and generally, (5) habitats that are protected from disturbance or are representative of the historic geographical and ecological distributions of a species. Based on this natural history of the Southern Resident killer whales and their habitat needs, the physical or biological features of Southern Resident killer whale habitat are: (1) Water quality to support growth and development; (2) Prey species of sufficient quantity, quality and availability to support individual growth, reproduction and development, as well as overall population growth; and (3) Passage conditions to allow for migration, resting, and foraging. These constitute the primary constituent elements essential for conservation of the Southern Resident killer whale (Federal Register /Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations). APPENDIX C – REQUEST FOR CREDIT FORM Request For Credit (To be completed by District conducting maintenance action; submit to WWAA) Submit completed form with SPIF to the U.S. Army Corps of Engineers PO Box 3755 SeattleXX Xxx 0000 Xxxxxxx, Washington 98124Xxxxxxxxxx 00000-3755 0000 District: Date: Site Name: Site Number: Gate Number: Project Description: Type of Repair: minor major replacement Is excavation required? yes no If yes, provide details in project description. Credit amount requested: ½ full Indicate if the following have been completed: U.S. Corps of Engineers SPIF: yes no date completed: WDFW HPA Issued: yes no date completed: Requesting Party: print name phone fax Signature Date District Commissioner: print name Signature Date Credit Administrator Approval Fax date: Approved: yes no Mail date: Comments: Approved by: Signature Date APPENDIX D – NEW PROJECT REVIEW CHECKLIST New Estuary Habitat Restoration Project Review Submit completed checklist to WWAA c/o Xxxx Xxxxxx 0000 Xxxxxxxxxxx Xxxxx, Xxxxx 0 Xxxxx Xxxxxx, XX 00000 Project Sponsor: Date: Project Name: Project Location: Project Description: yes Does the project support the objectives of the Skagit Chinook Recovery Plan? no Does the project involve agricultural land within the Implementation Agreement Coverage Area? yes no yes Does the project result in increased or improved estuary habitat for Chinook salmon? no yes Is the proposed project supported by the agricultural community? no If yes, provide letter of support or other documentation. yes Oversight Committee Approval: no Date Approved: Copies to: Project Sponsor Credit Administrator APPENDIX E – MEMORANDUM OF UNDERSTANDING GREATER SKAGIT DELTA TIDEGATES AND FISH INITIATIVE MEMORANDUM OF UNDERSTANDING By and Between Western Washington Agricultural Association NOAA National Marine Fisheries Service Washington Department of Fish and Wildlife This Memorandum of Understanding (MOU) represents a commitment and agreement by the above named parties to develop and implement a delta-wide landscape approach for the recovery and restoration of estuarine habitat that directly supports the goals and objectives of the Puget Sound Chinook Salmon Restoration Plan. It is designed as a collaborative and cooperative effort to contribute to the recovery of Skagit River Chinook salmon populations while supporting the long-term sustainability of agriculture in the greater Skagit delta by ensuring a properly permitted and functioning process for maintaining the existing drainage and tidegate infrastructure system. PURPOSE AND INTENT It is the purpose and intent of this MOU to: 1) Identify the interests of each party, 2) Recognize the benefits of a collaborative approach that moderates the contentious negotiations that have sometimes occurred previously, and 3) Commit to the development of a long-term implementation agreement that enhances the condition and function of natural habitats and contributes to certainty of agricultural sustainability. The specific goals and objectives of the implementation agreement will be to:

Appears in 1 contract

Samples: wdfw.wa.gov

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