19.70.315 Designation.
A. Fish and wildlife habitat conservation areas (FWHCAs) are designated as follows:
1. Critical saltwater habitats, which include all kelp beds, eelgrass beds, spawning and holding areas for forage fish, such as herring, smelt and sand lance; subsistence, commercial and recreational shellfish beds; mudflats, intertidal habitats with vascular plants, and areas with which priority species have a primary association;
2. Naturally occurring ponds under 20 acres with submerged aquatic beds that provide fish or wildlife habitat as further defined in WAC 365-190-130(4)(e);
3. Riparian management zones as defined in AMC 19.70.330 and waters of the state, including but not limited to Whistle Creek, Happy Valley Stream, Ace of Hearts Creek, Beaver Brook, Cranberry Creek, Clyde Creek, Anaco Bourn, Morrison Run, Cedar Springs, Weaverling Rill, Miller Creek, Aqua Creek, Howard Creek, Summit Creek, and March’s Run;
4. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;
5. Areas with which anadromous fish species have a primary association;
6. State natural area preserves, natural resource conservation areas, and state wildlife areas as established by Washington State Department of Natural Resources;
7. Areas of rare plant species and high-quality ecosystems as identified by the Washington State Department of Natural Resources through the Natural Heritage Program in Chapter 79.70 RCW;
8. State priority habitats and areas associated with state priority species defined and listed by the Washington Department of Fish and Wildlife in the Priority Habitats and Species List, most recently updated edition. Priority habitats and species known to be identified and mapped by WDFW (https://geodataservices.wdfw.wa.gov/hp/phs/) in Anacortes include, but may not be limited to, the following:
a. Biodiversity areas;
b. Bald eagle habitat protected pursuant to the Federal Bald and Golden Eagle Protection Act;
c. Chinook/fall chinook salmon;
d. Coho salmon;
e. Great blue heron nest sites and breeding areas;
f. Osprey nest sites;
g. Peregrine falcon nest sites and breeding areas;
h. Purple martin breeding areas;
i. Resident coastal cutthroat trout;
j. Winter steelhead trout;
k. Water fowl concentrations.
9. The following habitats and species of local importance have been designated by the city:
a. The Anacortes Community Forestlands.
b. The March Point Heronry.
c. The one and one-half acre “Park Reserve” at Cap Sante bounded by Third Street, East Park Drive, and Curtis Drive.
d. Ship Harbor Wetland.
f. Category II wetlands within the watersheds of Little Cranberry Lake, Whistle Lake, and Hearth Lake and with seasonal surface water connections.
g. Smiley’s Bottom Wetland.
B. In addition to the FWHCAs identified in subsection (A)(9) of this section, additional habitats and species of local importance may be designated by the city using the following process:
1. Designation Process. The city may consider nominations for habitat areas and species to be designated as locally important on an annual basis as part of the annual comprehensive plan and development regulation update process, based on the following criteria:
a. Local populations of native species that are in danger of extirpation based on existing trends, likely to become endangered, or are vulnerable or declining;
b. The habitat represents either a high-quality native habitat, or the habitat has a high potential to recover to a suitable condition and which is of limited availability, is highly vulnerable to alteration, or provides landscape connectivity which contributes to the integrity of the surrounding landscape;
c. The species or habitat has recreation, commercial, game, tribal, or other intrinsic value;
d. Long-term persistence of a species is dependent on protection, maintenance, and/or restoration of the nominated habitat;
e. Protection by other county, state, or federal policies, laws, regulations, or nonregulatory tools is not adequate to prevent degradation of the species or habitat; and
f. Without protection, there is a likelihood that the species or habitat will be diminished.
2. The nomination must indicate whether specific habitat features are to be protected (for example, nest sites, breeding areas, and nurseries) or whether the habitat or ecosystem is being nominated in its entirety.
3. The nomination may include management strategies for the species or habitats, which must be supported by best available science. Where restoration of habitat is proposed, a specific plan for restoration must be provided.
C. All areas within the city meeting one or more of these criteria, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this chapter. (Ord. 4025 § 2 (Att. A), 2022; Ord. 3064 § 2 (Att. A), 2021)