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(1) Designation. All areas within the city meeting one or more of the following criteria, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this Chapter, with the exception of areas under the jurisdiction of the city’s Shoreline Master Program, codified as Chapter 16.55. Fish and wildlife habitat conservation areas shall be managed consistent with the most current, accurate, and complete scientific and technical information available, such as the Washington Department of Fish and Wildlife’s Management Recommendations for Priority Habitat and Species. Fish and wildlife habitat conservation areas shall include the following:

(a) Areas Where State or Federally Designated Endangered, Threatened, and Sensitive Species Have a Primary Association.

(i) Federally designated endangered and threatened species are those fish, wildlife and plant species identified by the U.S. Fish and Wildlife Service or the National Marine Fisheries Service that are in danger of extinction or threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service should be consulted as necessary for current listing status.

(ii) State designated endangered, threatened, and sensitive species are those fish and wildlife species native to the state of Washington identified by the state Department of Fish and Wildlife, and those native plant species identified by the Department of Natural Resources, that are in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. State designated endangered, threatened, and sensitive species are periodically recorded in WAC 220-610-010 (state endangered species), and WAC 220-200-100 (state threatened and sensitive species). The state Department of Fish and Wildlife maintains the most current listing and should be consulted as necessary for current listing status.

(iii) A combined list of federally and state identified species having the potential to exist within the city is maintained by the Pullman Department of Community Development.

(b) State Priority Habitats and Areas Associated with State Priority Species. Priority habitats and species are considered to be priorities for conservation and management. Priority species require protective measures for their perpetuation due to their population status, sensitivity to habitat alteration, and/or recreational, commercial, or tribal importance. Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. Priority habitats and species are identified by the state Department of Fish and Wildlife. A state list of priority habitats is maintained by the Pullman Department of Community Development.

(c) Habitats and Species of Local Importance. Habitats and species of local importance are those identified by the city, including those that possess unusual or unique habitat warranting protection because of qualitative species diversity or habitat system health indicators, such as high quality native plant communities, and those with historical or cultural importance.

(d) Naturally Occurring Ponds Under 20 Acres. Naturally occurring ponds are those ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds. Naturally occurring ponds do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds, and landscape amenities, unless such artificial ponds were intentionally created for mitigation.

(e) Waters of the State. Waters of the state includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington, as classified in WAC 222-16.

(f) Lakes, Ponds, Streams, and Rivers Planted with Game Fish by a Governmental or Tribal Entity.

(g) State Natural Area Preserves, Natural Resource Conservation Areas, and State Wildlife Areas. Natural area preserves and natural resource conservation areas are administered by the state Department of Natural Resources, and state wildlife areas are administered by the state Department of Fish and Wildlife.

(h) Land Essential for Preserving Connections Between Habitat Blocks and Open Spaces.

The Director of Community Development shall be responsible for making final habitat conservation area designations within the city.

(2) Mapping. The approximate location and extent of habitat conservation areas are shown on the following maps, which are hereby adopted to provide geographic information about known or suspected habitat conservation areas:

(a) Department of Fish and Wildlife Priority Habitat and Species Maps;

(b) Department of Natural Resources, Official Water Type Reference Maps, as amended;

(c) resident salmonid distribution maps contained in studies conducted by the local watershed planning unit or in the Habitat Limiting Factors Reports published by the Washington Conservation Commission;

(d) Department of Natural Resources State Natural Area Preserves and Natural Resource Conservation Area Maps; and

(e) city habitat maps.

These maps are to be used as a guide for the city, project applicants, and property owners, and will be periodically updated as new information becomes available. They are a reference and do not provide a final critical area designation. (Ord. 21-15 §6, 2021; Ord. 19-6 §26, 2019; Ord. 03-18 §45, 2003).