Regulations and Policies Related to Biodiversity in King County
The King County Comprehensive Plan (Comp Plan) is the guiding policy document for all land use and development regulations in unincorporated King County, and for regional services throughout the County including transit, sewers, parks, trails and open space. The Comp Plan was updated in 2012, and biodiversity is addressed in its own section as well as throughout the Environment Chapter (Chapter 4).
Critical Areas, Stormwater, and Clearing and Grading Ordinances: The goal of the Critical Areas Ordinance package is to protect the existing functions and values of critical areas and ensure public safety where there are identified hazard areas. The ordinance identifies two general classes of critical areas: (1) environmentally sensitive critical areas, which include rivers, streams, lakes, wetlands, and wildlife habitat; and (2) public safety critical areas (hazard areas), which include areas at high risk for erosion, landslides, earthquakes, or flooding, as well as coal mine hazard areas. The ordinance applies throughout unincorporated King County. Updates to the ordinance are mandated by the State of Washington’s Growth Management Act.
For a list of species protected in the Comp Plan and CAO as Species of Local Importance, scroll down on this page.
Federal Laws
Endangered Species Act
The Federal Endangered Species Act (ESA) was passed in 1973 and prohibits the importation, exportation, taking, and commercialization in interstate or foreign commerce of fish and wildlife, and plants that are listed as threatened or endangered species. The Act also implements the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Here is a digest of the Endangered Species Act of 1973 (16 U.S.C. 1531-1543). And here is the entire ESA in PDF format.
Other Federal Laws
In addition to the ESA, many Federal Laws are in place that protect wildlife. This fact is often overlooked when people are considering County wildlife regulations. Federal Laws are an additional protection for many of our migratory birds, for example.
This external web site presents a summary of some federal wildlife regulations. Here is an excerpt:
- Migratory Bird Treaty Act (16 U.S.C. 703-712), except as allowed by implementing regulations, makes it unlawful to pursue, hunt, kill, capture, possess, buy, sell, purchase, or barter any migratory bird, including the feathers or other parts, nests, eggs, or migratory bird products.
- Bald and Golden Eagle Protection Act (16 U.S.C. 668-668C) makes it illegal to import, export, or take bald or golden eagles, or to sell, purchase, or barter their parts, or products made from them, including their nests or eggs. makes it illegal to import, export, or take bald or golden eagles, or to sell, purchase, or barter their parts, or products made from them, including their nests or eggs.
- Marine Mammal Protection Act (16 U.S.C. 1361-1407) establishes a moratorium on the taking and importation of marine mammals, including parts and products, and defines Federal responsibility for conservation of marine mammals, with management authority vested in the Department of the Interior for the sea otter, walrus, polar bear, dugong, and manatee.
- Lacey Act (18 U.S.C. 42; 16 U.S.C. 3371-3378) provides authority to the Secretary of the Interior to designate injurious wildlife and ensure the humane treatment of wildlife shipped to the United States. Further, it prohibits the importation, exportation, transportation, sale, or purchase of fish and wildlife taken or possessed in violation of State, Federal, Indian tribal, and foreign laws. Also, the act provides an important tool in the effort to gain control of smuggling and trade in illegally taken fish and wildlife.
- Wild Bird Conservation Act of 1992 (16 U.S.C. 4901) promotes the conservation of exotic birds by (1) encouraging wild bird conservation and management programs in countries of origin; (2) ensuring that all trade in such species involving the United States is biologically sustainable and to the benefit of the species; and (3) limiting or prohibiting imports of exotic birds when necessary to ensure that exotic wild populations are not harmed by removal for the trade.
The US Fish and Wildlife Service (USFWS) web site contains a lot of relevant information:
- Digest of Federal Resource Laws.
- PDF booklet: Facts about Federal Wildlife Laws.
- Guide to the Laws and Treaties of the United States for Protecting Migratory Birds
- Birds protected under the Migratory Bird Treaty Act (Adobe Acrobat file)
Enforcement
Transactional Records Access Clearinghouse (TRAC) at Syracuse University took a look at Trends in prosecution in wildlife laws. They found that "Enforcement of the federal laws designed to protect migratory birds, endangered species, marine mammals and other kinds of wild life has slumped during the Bush Administration, according to authoritative Justice Department data." Additionally, "The decline was documented in an analysis of a special new data base comparing the number of individuals and corporations charged with violating such laws during the first term of President Clinton, the second Clinton term and the Bush years. The data were obtained and analyzed by the Transactional Records Access Clearinghouse (TRAC)."
Washington State Laws
The Revised Code of Washington (RCW) Title 77: Fish and Wildlife is the primary source of fish and wildlife laws specific to Washington State. Washington Department of Fish and Wildlife (WDFW) Enforcement Program is primarily responsible for enforcing the Fish and Wildlife Code.
List of Species Protected in the King County Comprehensive Plan and CAO
This list is current as of June 1, 2009, and represents species protected in King County's Comprehensive Plan via the Critical Areas Ordinance (CAO). Asterisks (*) indicate which species have specified development standards in the CAO. Federal and State status codes are defined at the bottom of the list. These are grouped by animal type and then alphabetized by common name.
|
COMMON NAME
|
SCIENTIFIC NAME
|
Animal Type
|
Federal STATUS
|
State STATUS
|
notes on presence in King County
|
|
Larch Mountain Salamander
|
Plethodon larselli
|
Amphibian
|
FCo
|
SS
|
in King County
|
|
Northern Red-legged frog
|
Rana aurora
|
Amphibian
|
none
|
none
|
|
|
Oregon Spotted Frog
|
Rana pretiosa
|
Amphibian
|
FC
|
SE
|
historic presence; no current populations known
|
|
Van Dyke's Salamander
|
Plethodon vandykei
|
Amphibian
|
FCo
|
SC
|
Eastern King County near Snoqualmie Pass
|
|
Western Toad
|
Bufo boreas
|
Amphibian
|
FCo
|
SC
|
Present and breeding in King County
|
|
Beller's Ground Beetle
|
Agonum belleri
|
Beetle
|
FCo
|
SC
|
In WA, only known in King County
|
|
Bog Idol Leaf Beetle (formerly known as Long-horned Leaf Beetle)
|
Donacia idola
|
Beetle
|
none
|
SC
|
only known in Snohomish County in WA; is new PHS list wrong? Has it as only King county
|
|
Hatch's Click Beetle
|
Eanus hatchii
|
Beetle
|
FCo
|
SC
|
Endemic: only known in King County (historically also Snohomish County, but no longer)
|
|
American bittern
|
Botaurus lentiginosus
|
Bird
|
none
|
none
|
|
|
American three-toed woodpecker
|
Picoides tridactylus
|
Bird
|
none
|
none
|
Rare in King County with only three BBA records near Cascade crest, including "confirmed" breeding pair at Pyramid Creek. Sparse occurrence does not support generous range on west side of crest mapped by Washington Gap report (Smith et al. 1997).
|
|
American White Pelican
|
Pelecanus erythrorhynchos
|
Bird
|
none
|
SE
|
Eastern WA; rare in K.C.; 5+ records
|
|
Bald Eagle*
|
Haliaeetus leucocephalus
|
Bird
|
FCo
|
SS
|
nesting in King County
|
|
Band-tailed pigeon
|
Columba fasciata
|
Bird
|
none
|
none
|
|
|
Barrow’s Goldeneye
|
Bucephala islandica
|
Bird
|
none
|
none
|
|
|
Belted kingfisher
|
Ceryle alcyon
|
Bird
|
none
|
none
|
|
|
Black scoter
|
Melanitta nigra
|
Bird
|
none
|
none
|
|
|
Black-Backed Woodpecker
|
Picoides arcticus
|
Bird
|
none
|
SC
|
confirmed breeding in eastern King County
|
|
Blue-winged teal
|
Anas discors
|
Bird
|
none
|
none
|
|
|
Brandt's Cormorant
|
Phalacrocorax penicillatus
|
Bird
|
none
|
SC
|
winters in King County waters
|
|
Brant
|
Branta bernicla
|
Bird
|
none
|
none
|
|
|
Brown Pelican
|
Pelecanus occidentalis
|
Bird
|
FE
|
SE
|
outer coast; rare in K.C.; 5+ records
|
|
Burrowing Owl
|
Athene cunicularia
|
Bird
|
FCo
|
SC
|
E WA; not in King County (fewer than 5 records)
|
|
Cassin’s Finch
|
Carpodacus cassinii
|
Bird
|
none
|
none
|
IUCN list: Near threatened
|
|
Cassin's Auklet
|
Ptychoramphus aleuticus
|
Bird
|
FCo
|
SC
|
outer coast; not King County; fewer than 5 records in K.C.
|
|
Cinnamon teal
|
Anas cyanoptera
|
Bird
|
none
|
none
|
|
|
Common Goldeneye
|
Bucephala clangula
|
Bird
|
none
|
none
|
|
|
Common Loon
|
Gavia immer
|
Bird
|
none
|
SS
|
breeding in King County
|
|
Common Murre
|
Uria aalge
|
Bird
|
none
|
SC
|
winters in King County waters
|
|
Flammulated Owl
|
Otus flammeolus
|
Bird
|
none
|
SC
|
E WA; not in King County; fewer than 5 records in K.C.
|
|
Golden Eagle
|
Aquila chrysaetos
|
Bird
|
none
|
SC
|
confirmed breeding in eastern King County
|
|
Hairy Woodpecker
|
Picoides villosus
|
Bird
|
none
|
none
|
|
|
Harlequin duck
|
Histrionicus histrionicus
|
Bird
|
none
|
none
|
|
|
Hooded merganser
|
Lophodytes cucullatus
|
Bird
|
none
|
none
|
|
|
Lewis' Woodpecker
|
Melanerpes lewis
|
Bird
|
none
|
SC
|
E WA; not supposed to be in King County; record from 1900s post-logging on Vashon
|
|
Marbled Murrelet*
|
Brachyramphus marmoratus
|
Bird
|
FT
|
ST
|
probable nesters in King County
|
|
Merlin
|
Falco columbarius
|
Bird
|
none
|
SC
|
winters in and migrates through King County; no breeding
|
|
Mountain chickadee
|
Poecile gambeli
|
Bird
|
none
|
none
|
|
|
Northern Goshawk*
|
Accipiter gentilis
|
Bird
|
FCo
|
SC
|
few breeding in King County
|
|
Olive-sided Flycatcher
|
Contopus cooperi
|
Bird
|
none
|
none
|
IUCN list: Near threatened
|
|
Oregon Vesper Sparrow
|
Pooecetes gramineus affinis
|
Bird
|
FCo
|
SC
|
not in King County; rare in K.C.; 5+ records
|
|
Peregrine Falcon*
|
Falco peregrinus
|
Bird
|
FCo
|
SS
|
in King County
|
|
Pileated Woodpecker
|
Dryocopus pileatus
|
Bird
|
none
|
SC
|
confirmed breeding in King County
|
|
Purple Finch
|
Carpodacus purpureus
|
Bird
|
none
|
none
|
|
|
Purple Martin
|
Progne subis
|
Bird
|
none
|
SC
|
confirmed breeding in King County
|
|
Ruffed grouse
|
Bonasa umbellus
|
Bird
|
none
|
none
|
Fairly common in hardwood and mixed woodlands at low to middle elevations throughout forested parts of four-county area, especially along brushy riparian corridors.
|
|
Sandhill Crane
|
Grus canadensis
|
Bird
|
none
|
SE
|
Eastern WA breeder; some migrate through K.C.
|
|
Snowy Plover
|
Charadrius alexandrinus
|
Bird
|
FT
|
SE
|
SW coast of WA; not their habitat or range; fewer than 5 records in K.C.
|
|
Sooty grouse
|
Dendragapus fuliginosus
|
Bird
|
none
|
none
|
|
|
Spotted Owl*
|
Strix occidentalis
|
Bird
|
FT
|
SE
|
confirmed breeding
|
|
Streaked Horned Lark
|
Eremophila alpestris strigata
|
Bird
|
FC
|
SE
|
extremely unlikely; if in county, extreme NE edge
|
|
Surf scoter
|
Melanitta perspicillata
|
Bird
|
none
|
none
|
|
|
Upland Sandpiper
|
Bartramia longicauda
|
Bird
|
none
|
SE
|
Eastern WA, if in WA at all; fewer than 5 records in K.C.
|
|
Vaux's Swift*
|
Chaetura vauxi
|
Bird
|
none
|
SC
|
confirmed breeding in King County
|
|
Western Grebe
|
Aechmophorus occidentalis
|
Bird
|
none
|
SC
|
winters in and migrates through King County; no breeding
|
|
Western Meadowlark
|
Sturnella neglecta
|
Bird
|
none
|
none
|
|
|
White-winged scoter
|
Melanitta fusca
|
Bird
|
none
|
none
|
|
|
Wood duck
|
Aix sponsa
|
Bird
|
none
|
none
|
|
|
Yellow-Billed Cuckoo
|
Coccyzus americanus
|
Bird
|
FC
|
SC
|
historic presence; no current populations known in WA
|
|
Johnson's Hairstreak
|
Mitoura johnsoni
|
Butterfly/Moth
|
none
|
SC
|
have been recorded in King County in suitable habitat: lowland coniferous forests that contain dwarf mistletoes of the genus Arceuthobium.
|
|
Valley Silverspot
|
Speyeria zerene bremnerii
|
Butterfly/Moth
|
FCo
|
SC
|
may be in King Co.
|
|
Black Rockfish
|
Sebastes melanops
|
Fish
|
none
|
SC
|
in King County waters
|
|
Bocaccio Rockfish
|
Sebastes paucispinis
|
Fish
|
FE
|
SC
|
potentially in King County waters
|
|
Brown Rockfish
|
Sebastes auriculatus
|
Fish
|
FCo
|
SC
|
in King County waters
|
|
Bull Trout
|
Salvelinus confluentus
|
Fish
|
FT
|
SC
|
in King County
|
|
Canary Rockfish
|
Sebastes pinniger
|
Fish
|
FT
|
SC
|
potentially in King County waters
|
|
Chinook Salmon (Puget Sound)
|
Oncorhynchus tshawytscha
|
Fish
|
FT
|
SC
|
in King County
|
|
chum salmon
|
Oncorhynchus keta
|
fish
|
none
|
none
|
|
|
coastal resident/searun cutthroat
|
Oncorhynchus clarki clarki
|
fish
|
none
|
none
|
|
|
coho/silver salmon
|
Oncorhynchus kisutch
|
fish
|
none
|
none
|
|
|
Copper Rockfish
|
Sebastes caurinus
|
Fish
|
FCo
|
SC
|
in King County waters
|
|
Dolly Varden
|
Salvelinus malma
|
fish
|
none
|
none
|
|
|
English sole
|
Parophrys vetulus
|
fish
|
none
|
none
|
|
|
Green sturgeon
|
Acipenser Medirostris
|
fish
|
none
|
Monitor
|
|
|
Greenstriped Rockfish
|
Sebastes elongatus
|
Fish
|
none
|
SC
|
potentially in King County waters
|
|
kokanee salmon
|
Onchorhynchus nerka
|
fish
|
none
|
none
|
|
|
lingcod
|
Ophiodon elongatus
|
fish
|
none
|
none
|
|
|
longfin smelt
|
Spirinchus thaleichthys
|
fish
|
none
|
none
|
|
|
Olympic Mudminnow
|
Novumbra hubbsi
|
Fish
|
none
|
SS
|
possibly in King County; tho' records could have been from planted fish
|
|
Pacific Cod
|
Gadus macrocephalus
|
Fish
|
FCo
|
SC
|
King County waters
|
|
Pacific Hake
|
Merluccius productus
|
Fish
|
FCo
|
SC
|
King County waters
|
|
Pacific Herring
|
Clupea pallasi
|
Fish
|
FCo
|
SC
|
spawning grounds in Quartermaster Harbor, Vashon-Maury Island
|
|
Pacific sand lance
|
Ammodytes hexapterus
|
fish
|
none
|
none
|
|
|
pink salmon
|
Oncorhynchus gorbuscha
|
fish
|
none
|
none
|
|
|
Pygmy Whitefish
|
Prosopium coulteri
|
Fish
|
FCo
|
SS
|
in King County
|
|
Quillback Rockfish
|
Sebastes maliger
|
Fish
|
FCo
|
SC
|
in King County waters
|
|
rainbow trout
|
Oncorhynchus mykiss
|
fish
|
none
|
none
|
|
|
Redstripe Rockfish
|
Sebastes proriger
|
Fish
|
none
|
SC
|
in King County waters
|
|
River Lamprey
|
Lampetra ayresi
|
Fish
|
FCo
|
SC
|
in King County
|
|
rock sole
|
Pleuronectes bilineatus
|
fish
|
none
|
none
|
|
|
sockeye/red salmon
|
Onchorhynchus nerka
|
fish
|
none
|
none
|
|
|
Steelhead (Puget Sound)
|
Oncorhynchus mykiss
|
Fish
|
FT
|
none
|
in King County watercourses
|
|
surfsmelt
|
Hypomesus pretiosus
|
fish
|
none
|
none
|
|
|
Walleye Pollock (So. Puget Sound)
|
Theragra chalcogramma
|
Fish
|
FCo
|
SC
|
possible in King County waters
|
|
White sturgeon
|
Acipenser transmontanus
|
fish
|
none
|
none
|
|
|
Yelloweye Rockfish
|
Sebastes ruberrimus
|
Fish
|
FT
|
SC
|
in King County waters
|
|
Yellowtail Rockfish
|
Sebastes flavidus
|
Fish
|
none
|
SC
|
in King County waters
|
|
Black Right Whale
|
Balaena glacialis
|
Mammal
|
FE
|
SE
|
coastal - offshore; visitor to King County waters
|
|
Columbian black-tailed deer
|
|
Mammal
|
none
|
none
|
|
|
Douglas Squirrel
|
Tamiasciurus douglasii
|
Mammal
|
none
|
none
|
|
|
elk in their historic range
|
|
Mammal
|
none
|
none
|
|
|
Fin Whale
|
Balaenoptera physalus
|
Mammal
|
FE
|
SE
|
coastal - offshore; visitor to King County waters
|
|
Fisher
|
Martes pennanti
|
Mammal
|
FC
|
SE
|
extirpated; historically present
|
|
Gray Whale
|
Eschrichtius robustus
|
Mammal
|
none
|
SS
|
coastal - offshore; visitor to King County waters
|
|
Gray Wolf
|
Canis lupus
|
Mammal
|
FE
|
SE
|
possible; former range in Cascades of King County
|
|
Grizzly Bear
|
Ursus arctos
|
Mammal
|
FT
|
SE
|
possible, but highly unlikely in King County
|
|
Humpback Whale
|
Megaptera novaeangliae
|
Mammal
|
FE
|
SE
|
coastal - offshore; visitor to King County waters
|
|
Killer Whale
|
Orcinus orca
|
Mammal
|
FE
|
SE
|
potentially the entire Sound; in K.C. waters
|
|
Lynx
|
Lynx canadensis
|
Mammal
|
FT
|
ST
|
extremely unlikely, but theoretically possible in extreme NE corner of county
|
|
Marten
|
Martes americana
|
Mammal
|
none
|
none
|
|
|
mink
|
Mustela vison
|
Mammal
|
none
|
none
|
|
|
mountain goat
|
Oreamnos americanus
|
Mammal
|
none
|
none
|
|
|
Pacific Harbor Porpoise
|
Phocoena phocoena
|
Mammal
|
none
|
SC
|
range includes King County waters
|
|
Sea Otter
|
Enhydra lutris
|
Mammal
|
FCo
|
SE
|
outer coast; visitor to King County
|
|
Steller Sea Lion
|
Eumetopias jubatus
|
Mammal
|
FT
|
ST
|
outer coast; visitor to King County
|
|
Townsend Chipmunk
|
Tamias townsendii
|
Mammal
|
none
|
none
|
|
|
Townsend's Big-Eared Bat*
|
Corynorhinus townsendii
|
Mammal
|
FCo
|
SC
|
presumed in King County
|
|
Wolverine
|
Gulo gulo
|
Mammal
|
FCo
|
SC
|
possible in King County
|
|
Olympia Oyster
|
OSTREA conchaphila
|
Mollusk
|
none
|
SC
|
not present currently or historically in King County waters; PHS data indicates otherwise
|
|
Oregon floater
|
Anodonta oregonensis
|
Mollusk
|
none
|
Monitor
|
|
|
Western pearlshell mussel
|
Margaritifera falcata
|
Mollusk
|
none
|
Monitor
|
|
|
Western ridged mussel
|
Gonidea angulata
|
Mollusk
|
none
|
Monitor
|
|
|
Alligator lizard
|
Elgaria coerulea
|
Reptile
|
none
|
none
|
|
|
western fence lizard
|
Sceloporus occidentalis
|
Reptile
|
none
|
none
|
|
|
Western Pond Turtle
|
Actinemys marmorata
|
Reptile
|
FCo
|
SE
|
there are just a few historic records in KC
|
|
Dungeness crab
|
Metacarcinus magister
|
Shellfish
|
none
|
none
|
|
|
Geoduck clam
|
Panopea generosa
|
Shellfish
|
none
|
none
|
|
|
Pacific oyster
|
Crassostrea gigas
|
Shellfish
|
none
|
none
|
|
|
Pandalid shrimp
|
Pandalus species, and Pandalopsis dispar. Spot (Prawn)
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Shellfish
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none
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none
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|
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Red Urchin
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Strongylocentrotus franciscanus
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Shellfish
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none
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none
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Status Codes:
- FE: Federal Endangered
- FT: Federal Threatened
- FC: Federal Candidate
- FCo: Federal Species of Concern
- SE: State Endangered, defined in WAC 232-12-297, Section 2.4, to include "any wildlife species native to the state of Washington that is seriously threatened with extinction throughout all or a significant portion of its range within the state."
- ST: State Threatened, defined in WAC 232-12-297, Section 2.5, to include "any wildlife species native to the state of Washington that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range within the state without cooperative management or removal of threats."
- SS: State Sensitive, defined in WAC 232-12-297, Section 2.6, to include "any wildlife species native to the state of Washington that is vulnerable or declining and is likely to become endangered or threatened throughout a significant portion of its range within the state without cooperative management or removal of threats."
- SC: State Candidate, defined in WDFW Policy M-6001 to include fish and wildlife species that the Department will review for possible listing as State Endangered, Threatened, or Sensitive. A species will be considered for designation as a State Candidate if sufficient evidence suggests that its status may meet the listing criteria defined for State Endangered, Threatened, or Sensitive.
- SM: State Monitor Species.
1. State Monitor Species are those that require management, survey, or data emphasis for one or more of the following reasons:
a. They were classified as endangered, threatened, or sensitive within the previous five years.
b. They require habitat that is of limited availability during some portion of their life cycle.
c. They are indicators of environmental quality.
d. There are unresolved taxonomic questions that may affect their candidacy for listing as endangered, threatened, or sensitive species.2. State Monitor Species will be managed by the Department, as needed, to prevent them from becoming endangered, threatened, or sensitive.
3. Species already classified in a category that provides adequate management emphasis, survey work, and data maintenance (e.g., game animals, game birds, furbearers, etc.) will not be designated as State Monitor Species.
Related Information
Related Agencies