Common use of Critical Habitat Clause in Contracts

Critical Habitat. Critical habitat for the Coastal-Puget Sound bull trout population was designated in September 2005 (Federal Register / Xxx. 00, Xx. 000 / Monday, September 26, 2005). Within the Coverage Area this is identified as Unit 28 – Puget Sound. Critical habitat includes the stream channels within the designated stream reaches, and includes a lateral extent as defined by the ordinary high-water line. In areas where ordinary high-water line has not been defined, the lateral extent will be defined by the bankfull elevation. Bankfull elevation is the level at which water begins to leave the channel and move into the floodplain and is reached at a discharge that generally has a recurrence interval of 1 to 2 years in the annual flood series. Critical habitat also includes the inshore extent for marine nearshore areas (the mean higher high water [MHHW] line), including tidally influenced freshwater heads of estuaries. This refers to the average of all the higher high-water heights of the two daily tidal levels. Adjacent shoreline riparian areas, bluffs, and uplands are not designated as critical habitat. For marine nearshore areas, critical habitat extends offshore to a depth of 33 feet relative to the mean lower low-water line (MLLW) (average of all the lower low-water heights of the two daily tidal levels). This area between MHHW and minus 10 MLLW is considered the habitat most consistently used by bull trout in marine waters based on known use, forage fish availability, and ongoing migration studies, and captures geological and ecological processes important to maintaining these habitats. This area contains essential foraging habitat and migration corridors such as estuaries, bays, inlets, shallow subtidal areas, and intertidal flats (Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005). For the Coverage Area and adjoining marine waters, critical habitat includes the Skagit River, North Fork Skagit River, South Fork Skagit River, Samish River, and the eastern shoreline of Puget Sound. Primary constituent elements (PCEs) for bull trout have been identified within the designated critical habitat areas. The PCEs are those habitat components that are essential for the primary biological needs of foraging, reproducing, rearing of young, dispersal, genetic exchange, or sheltering. The PCEs address water temperature, stream channel complexity, substrate, presence of a natural hydrograph, high quality and cold natural water sources (e.g., springs, seeps), migratory corridors, food base, and water supply quantity and quality (Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005).

Critical Habitat. Critical habitat for the Coastal-Puget Sound bull trout population was designated in September 2005 (Federal Register / XxxVol. 0070, XxNo. 000 185 / Monday, September 26, 2005). Within the Coverage Area this is identified as Unit 28 – Puget Sound. Critical habitat includes the stream channels within the designated stream reaches, and includes a lateral extent as defined by the ordinary high-water line. In areas where ordinary high-water line has not been defined, the lateral extent will be defined by the bankfull elevation. Bankfull elevation is the level at which water begins to leave the channel and move into the floodplain and is reached at a discharge that generally has a recurrence interval of 1 to 2 years in the annual flood series. Critical habitat also includes the inshore extent for marine nearshore areas (the mean higher high water [MHHW] line), including tidally influenced freshwater heads of estuaries. This refers to the average of all the higher high-water heights of the two daily tidal levels. Adjacent shoreline riparian areas, bluffs, and uplands are not designated as critical habitat. For marine nearshore areas, critical habitat extends offshore to a depth of 33 feet relative to the mean lower low-water line (MLLW) (average of all the lower low-water heights of the two daily tidal levels). This area between MHHW and minus 10 MLLW is considered the habitat most consistently used by bull trout in marine waters based on known use, forage fish availability, and ongoing migration studies, and captures geological and ecological processes important to maintaining these habitats. This area contains essential foraging habitat and migration corridors such as estuaries, bays, inlets, shallow subtidal areas, and intertidal flats (Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005). For the Coverage Area and adjoining marine waters, critical habitat includes the Skagit River, North Fork Skagit River, South Fork Skagit River, Samish River, and the eastern shoreline of Puget Sound. Primary constituent elements (PCEs) for bull trout have been identified within the designated critical habitat areas. The PCEs are those habitat components that are essential for the primary biological needs of foraging, reproducing, rearing of young, dispersal, genetic exchange, or sheltering. The PCEs address water temperature, stream channel complexity, substrate, presence of a natural hydrograph, high quality and cold natural water sources (e.g., springs, seeps), migratory corridors, food base, and water supply quantity and quality (Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005).