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This section provides the process for the designation, nomination and protection of species of local importance. The designation, nomination and protection strategies shall be based on best available science.

(1) Designation criteria.

(a) Designation of species of local importance must be based on both the following circumstances:

(i) protection of the native species and its primary association area through existing policies, laws, regulations, or non-regulatory tools is not adequate to prevent degradation of the species in the county; and

(ii) the primary association area nominated to protect a particular species is high quality native habitat or has a high potential to be high quality habitat, or provides landscape connectivity which contributes to the designated species’ preservation.

(b) In addition to the requirements in SCC 30.62A.470(1)(a), designation of species of local importance must also be based on one or more of the following circumstances:

(i) local populations of a native species are in danger of extirpation based on existing trends;

(ii) local populations of a native species are likely to become threatened or endangered under state or federal law;

(iii) local populations of a native species are vulnerable or declining;

(iv) the native species has recreational, commercial, or tribal significance; or

(v) long-term persistence of a native species is dependent on the protection, maintenance, and/or restoration of the nominated primary association area.

(2) Petition Contents. The petition to nominate a species of local importance shall contain all the following:

(a) A map showing the nominated primary association area location(s);

(b) An environmental checklist in conformance with SCC 30.61.100;

(c) A written statement that

(i) identifies which designation criteria form the basis of the nomination;

(ii) includes supporting evidence that designation criteria are met; and

(iii) indicates what specific habitat feature(s) or plant communities are to be protected (e.g., nest sites, breeding areas, and nurseries);

(d) Recommended management strategies for the species, supported by the best available science and which meet the minimum requirements of SCC 30.62A.440; and

(e) An economic analysis identifying the cost of implementing a mitigation or protection plan and the financial impact of the requested designation on affected properties or local governments.

(3) Approval Process.

(a) Timing. Nominations for species of local importance will be considered by the council no more than once per year. The department will accept proposals for amendments at any time; however, proposals received after July 31st of each year will be processed in the next annual review cycle.

(b) Process. The county may include a species of local importance for protection pursuant to this section through adoption of legislation by the council. The council considers whether to adopt a motion to list a species of local importance through the following process:

(i) any person may nominate species for designation by submitting a petition meeting the requirements of SCC 30.62A.470(2) and payment of fees as required by chapter 30.86 SCC;

(ii) the department shall complete a SEPA threshold determination and provide notice of the petition as required under SCC 30.70.045 for SEPA threshold determinations associated with a project permit;

(iii) the department shall review the submittal of the petitioner, and coordinate and assemble all available comments of the public, other county departments, and other agencies. Based on the available record, and any other information that may be available, the department shall provide a staff report and recommendation to the council concerning whether the petition meets the requirements for approval;

(iv) the department shall submit to the executive an executive/council approval form (ECAF) containing the staff recommendation, all relevant SEPA documents, and a proposed motion which provides for disposition of the petition; and

(v) upon delivery of an ECAF to the council by the executive, the proposed motion will be subject to the requirements of chapter 2.48 SCC.

(c) Cost of environmental studies. Any person submitting a petition to nominate a species of local importance shall pay the cost of environmental review and studies necessary under SEPA, as required under chapter 30.61 SCC. The person may, at his or her own expense and to the extent determined appropriate by the responsible official, provide additional studies or other information.

(4) Establishment of specific rules for protection. Within 120 days of an action by the council, the department shall develop an administrative rule pursuant to chapter 30.82 SCC addressing protection of the species of local importance in compliance with this section.

(5) The department may establish administrative procedures necessary to administer this section. (Added by Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007).