City settles with NOAA on salmon take
May 7th, 2008 - 6:24am
(Port Angeles) -- The Port Angeles City Council has approved a settlement agreement between the City and the National Oceanic and Atmospheric Administration concerning an unauthorized "take" of juvenile threatened Puget Sound Chinook Salmon in early May 2005.
Last night, after an executive session, council returned to public session and authorized Mayor Gary Braun to sign a negotiated settlement that will satisfy any liability the city might have concerning the incident.
In early May 2005, the City shutdown and performed maintenance on the industrial water line.
During the process, NOAA alleged that the City caused the unauthorized "take" of one or more juvenile threatened Puget Sound Chinook salmon by blocking the Industrial Water Diversion channel and draining it using improperly screened pumps, killing an unspecified number of juvenile salmon, in violation of the federal Endangered Species Act.
Highlights of the settlement agreement between the City and NOAA include implementing an advance notification procedure to the National Marine Fisheries Service, the Lower Elwha Klallam tribe and the state Department of Fish and Wildlife.
The city will develop a written policy to implement the federal published juvenile fish screen criteria for all future City projects involving the water diversion system.
The city will donate about 258 trees located on City land at Elwha River mile 3 to the Lower Elwha Klallam Tribe for use in engineered logjams.
The city will establish a separate account of 20-thousand dollars to be used for funding fish habitat restoration on Ennis Creek.
Maximize the value of this money as a local match to obtain grants and other cash or in-kind contributions, up to a goal of approximately 100-thousand dollars in working capital to be used for habitat restoration projects at Ennis Creek.
The city will convey to either the North Olympic Land Trust or a local non-profit group, at no cost, a permanent conservation easement on about 2-point-8 acres of City-owned land located adjacent to Ennis Creek.
Acceptance of the agreement by both parties satisfies all potential civil liability that the City may have for the alleged violation of the Endangered Species Act.
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