WDFW Recommending State Go From ‘No Net Loss’ Standard Of Environmental Protection To ‘Net Ecological Gain’ Policy
Ecosystem decline in Washington state is a sign that the state’s “no net loss” policy governing environmental safeguards is not working, according to the Washington Department of Fish and Wildlife. WDFW is recommending to the Washington legislature a step up in protections to a “net ecological gain” standard.
The state currently has a no net loss policy for development of shorelines, wetlands and other critical habitats. However, despite big investments in salmon recovery measures, along with investments in other wildlife species, the state is seeing continued decline in the ecological health of those species. The no net loss policy, the state says in its report, is not working or not going far enough “to protect our state’s rich natural heritage.”
“In our work to preserve, protect, and perpetuate Washington’s fish, wildlife, and ecosystems, we see firsthand the need for bold polices that promote the rapid restoration of watersheds, wetlands, and other natural environments if we are to have a chance to recover threatened species,” a WDFW report says. “And, equally important, to prevent further declines and state or federal endangered species listings.”
During its 2021 legislative session, the Washington legislature directed WDFW to investigate a “pathway” that would incorporate Net Ecological Gain standards into state law. The goal would be to improve endangered species recovery in the state.
The result is a report released last week titled “Net Ecological Gain Standard Proviso Summary Report.”
Washington tribes say the WDFW net ecological gain proposal doesn’t go far enough.
“While the tribes commend the work that WDFW did for this report, their proposed recommendations do not go far enough and the lack the regulatory framework required to stop the decline of salmon populations and recover ESA listed species,” says a letter to WDFW from the Northwest Indian Fisheries Commission. “The current system of laws and land use regulations in Washington State is failing to protect habitat, simply modifying the existing system will not be enough to lead to recovery of ESA listed species. Instead, the Washington State legislature must immediately enact stronger land use laws and regulations that require the immediate protection and restoration of habitat that is critical for salmon recovery.”
In its announcement of the study, WDFW said that the experts it has consulted agree that adopting net ecological gain standards has merit and would be an important step in advancing environmental protection in the state. However, the standards must build on the foundation of existing environmental policy. It said that:
•The true impact of the existing no net loss standards is largely unknown. A pervasive lack of funding and resources available to state agencies and local jurisdictions has led to inconsistent implementation and enforcement of those standards and little to no monitoring and reporting of its impacts. Furthermore, there is not a consistent baseline of current conditions from which to monitor progress. “In advancing NEG standards,” it said, “the state must simultaneously address these issues and others tied to NNL.”
•The legislature must identify a clear scope of NEG application, namely whether standards will apply to both private and public properties or just to public projects.
•For the standards to succeed, the state needs to significantly expand funding. “Stronger mandates, if insufficiently funded, will have little to no impact on rolling back ecological degradation and preserving the state’s valuable natural resources,” it said.
In the report, WDFW defined net ecological gain as “Ecological functions and values, that support biodiversity and resiliency of native plant, animal and fungi species, water quality and quantity, air quality, and food security for all species, are improved over current conditions, at a cumulative scale that can be incrementally implemented through site-specific actions, with any short-term loss of those functions and values being more than offset by overall ecological gains.”
Further, it defined a framework from which to determine how net ecological gain could be incorporated into state laws, including:
• Define policy frameworks that address NEG goals.
• Define scale and scope of NEG application (e.g., site specific or cumulative scale).
• Establish metrics that will be used for establishing targets and current conditions, and tracking progress.
• Establish the baseline conditions against which NNL and NEG can be quantitatively monitored.
• Identify existing information and gaps in monitoring data to ensure standardization across watersheds.
• Improve monitoring and compliance with existing and future environmental standards.
The agency recommends incentives for county and local governments as well as incentives for private landowners.
A similar and long-term effort has been in effect in the Lake Tahoe Basin since 1980 when a Bi-State Compact was developed to set environmental thresholds focused on establishing shared goals for restoration and environmental quality in the region, the report says. The thresholds include a variety of environmental conditions, such as water clarity, water quality, air quality, vegetative cover and habitat availability. Some are aimed at maintaining current environmental conditions, but others, such as water clarity, target improvements and restoration over time.
Also, an effort in Great Britain where it is called net biodiversity gain seeks to minimize impacts on biodiversity and provides a net gain in biodiversity of 10 percent by 2023.
WDFW created the report with the help of the Washington State Academy of Sciences and recommendations from interviews and roundtables with more than thirty experts in government, industry, civic and environmental organizations, and Native American tribes.
“We must protect what we currently have and restore ecological and watershed functions — through increased investments and actions at a greater scale and pace — if salmon and other threatened species are to have a chance for recovery in Washington, especially in the face of climate change and continued human population growth,” WDFW said.
“Recovery of Pacific Northwest icons requires restoration at scale, and as this report indicates, Net Ecological Gain is one powerful tool for doing so. To be successful, this will require cooperation, innovation, increased investments, and bold leadership from our elected leaders, tribes, stakeholders, and local communities.”
The 141 page report is organized into three chapters:
• Chapter 1 is an overview of the no net loss and net ecological gain history in Washington policy and details the approach for assessing NEG standards on private projects.
• Chapter 2 provides an overview of the project team’s approach for assessing NEG and NNL through secondary research and engagement, and key findings from this engagement. It also projects an overview of secondary research conducted by the project team, including a literature review of NNL/NEG policy precedent set by other communities, and a comprehensive regulatory review of existing Washington state policies.
• Chapter 3 presents a proposed updated NEG definition developed through engagement and secondary research, as well as final recommendations for the legislature to consider regarding integrating NEG standards into Washington policy and enhancing existing NNL standards.
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