Loading...
HomeMy WebLinkAboutM102690S EAGLE HABITAT MEETING: OCTOBER 26, 1990 PRESENT Chairman A. C. Dalgleish Vice-Chairman David G. Douglas Member Archie Barber, Jr. Clerk Dierdrei Keegan Building Official Michael Ajax Assessor Jack Westerman ill Assessment Operations Manager Jeff Chapman Deputy Assessor Robert Shold Nongame Program, Betty Rodrick Anita McMillan Carson KRan, Appellant Jefferson County Board of Equalization Jefferson County Board of Equalization Jefferson County Board of Equalization Jefferson County Board of Equalization Jefferson County Planning and Bnilding Jefferson County Assessor Jefferson County Assessor Jefferson County Assessor Washington Department of Wildlife, Olympia Washington Department of Wildlife, Port Angeles BOE: 90-009-LO: Invited but Not Present PURPOSE OF MEETING The meeting on eagle habitat was called by the Board of Equalization to discover the impact of eagle habitat on property within Jefferson County, and to establish the current process, various requirements, and what procedures are expected to be in the future. page: 1 Eagle Habitat Meeting: October 26, 1990 Chairman Dal21eish: [interrupted] . Who's representing the Department of ah Anita McMillan: Both Betty Rodrick and myself, Anita McMillan are the Department of Wildlife. Chairman Dal21eish: Oh, Mr. Ron Fox isn't coming then. Anita McMillan: No. Chairman Dal21eish: Your name is what, again? Anita McMillan: Anita McMillan. Chairman Dal21eish: Anita, a, n, n, i? Anita McMillan: A, n, i, t, a. Chairman Dal21eish: A, n. McMillen? Anita McMillan: M, c, m, i, I, I, a, n. Chairman Dal21eish: Okay. How do you spell the millan part? M, i? Anita McMillan: M, c, m, i, I, I, a, n. Chairman Dal21eish: And here with you? Betty Rodrick: Yes. Betty. And, it's Rodrick, R, 0, d, r, i, c, k. Chairman Dal21eish: Thank you. Betty Rodrick: Um hum. Chairman Dal21eish: To start this we will introduce ourselves around the table here, in case everyone doesn't know everyone now. This is Mr. David Douglas, the Board of Equalization, and Betty Rodrick, Mr. Mike Ajax from the Planning Department, Clerk of the Board there, Dierdrei Reagan, Keegan. Page: 2 Eagle Habitat Meeting: October 26, 1990 Vice-Chairman Doul!las: He's trying to get her tied into the Reagan clan this morning. Chairman Dall!leish: McMillan from the Wildlife. Jack Westerman III: Jack Westennan, Jefferson County Assessor. Chairman Dal2leish: Jack Westennan the third, Assessor's Office; Jeff Chapman from the Assessor's Office; Bob Shold from the Assessor's Office. And apparently this is all started by, far as I know, with Mr. Kaan receiving a letter from the Department of Wildlife with reference to eagle's nests. Somewhere along this thing, Mr. Westennan drew up his evaluation on, on property, and the appellant doesn't agree with it, and it comes to the Board of Equalization for us to decide who's right. And then there's this eagle problem, and frankly the Board of Equalization doesn't know one thing about eagles. And so, therefore, we'd like to be enlightened on this subject and what effect it will have on the valuation of land and what radiuses. Anita McMillan: Okay, just for Betty's infonnation, I'm just going to read this letter real quick, it was a letter that was sent to Carson Kaan, is that how you pronounce their name? There is a nest territory down here, near, this is Hazel Point, the bottom of the Toandos Peninsula. And there's two nests um, one that's on Kaan's property and one that's a little further to the East. It says: According to the Jefferson County Assessor's Office yon own a 5.7 acre parcel in Section 3, Township 25 North, Range 1 West on Toandos Peninsula. There's a bald eagle nest located on your property near the East property line, approximately 100 feet Sonth of your access road. There's also another nest located about 450 feet East of your property, on another undevetoped parcel. The nest on your property is clearly visible from the third lot to the East. As you may know, bald eagles are designated as a threatened species in Washington and are protected by State and Federal Laws. Recently the Wildlife Agent who patrols this area noticed a bulldozer on the trail leading to the beach on your property. To protect this nest site any land clearing, road building, burning, or land altering activity is restricted until a Bald Eagle Management Plan is agreed upon by you and the Department of Wlldlife. Page: 3 Eagle Habitat Meeting: October 26, 1990 / Anita McMillan - Continued: In addition, J etTerson County and other permitting agencies will not issue any permits until a Plan is completed. I would like to meet with you to begin developing a Management Plan for this bald eagle nesting and territory. During this meeting we will be able to discuss the habitat needs of bald eagles, your plans for the property, and develop a plan that will aUow you to develop your property and accommodate the needs of the eagles. This was the letter that was sent by Ron Fox on August 13th [1990]. Betty Rodrick: Okay. Anita McMillan: It says, I guess Carson Kaan had wrote a letter to Dindre? Jack Westerman: Dierdrei. Anita McMillan: [Read letter from Carson Kaan] Please pass this letter to the Board of Equalization. I have been attempting to contact Ron Wood at the Department of Wildlife. Maybe he meant Ron Fox, or she. It appears that I cannot bnild on the property now. I know Ron has talked to them on the phone, and I can't tell you exactly what they had discussed, but the impression I got from Ron is that he had gotten the impression from, um, Mr. Kaan, that they would want to build a house eventually on their property. And, what that would require is just that a Management Plan be developed between our agency and the land owner, and the permitting agency. In this, in this situation it would be the County Planning. Chairman DaI2leish: You mean each parcel as it would come up, gonna build on it for example, then you would individually negotiate with that particular person? Anita McMillan: Yes. And it will affect, not just the land owners with the nest on it, but adjacent land owners as well. Page: 4 Eagle Habitat Meeting: October 26, 1990 Vice-Chairman Dou2las: For how far a distance? Anita McMillan: Well, it depends on the territory, but on the average probably up to a quarter mile from the nest tree. Urn, I wouldn't say much beyond a thousand feet from the thousand feet from the nest tree would we require any restrictions on the, urn, we have different zones we identify around the nest tree. One is a protected area that most of the time we don't allow any alterations around. And the second zone is the conditioned area. The conditioned area can go up to hal[fJ, a quarter mile, in some situations a half a mile from the nest tree. And, what that has is a timing restriction, so that they are building, or clearing, or whatever activities they have proposed, wouldn't disturb the birds during their nesting season. So they aren't restricted as to what they can do on their property, but they are restricted as to what time they can do that. Chairman Dal2leish: Well, when is the nesting period. Anita McMillan: The nesting period that we have this timing restriction on starts the first of January and goes through the end of August. Urn, that's every year. In situations where we might find out that a par- ticular territory is inactive during a given year, we would allow them to start building earlier. But we don't usually find out before May that they're, whether they're active or not. So. So in general it would be the first of January through the end of August, would be our timing restric- tion within the conditioned zone. Chairman Dal2leish: Well does this mean that every building pennit that comes in to Jefferson County, or requests for a building permit, before they can issue that permit, the Building Department then has to notify you people and you're gonna have to go out there and run around in the woods and take a look to see if there's a nest within [interrupted]. Mike Aiax: I, I review every building permit that comes in for what I classify as a sensitive area, and in this particular instance, the sensitive area deals with eagles, and ospreys, and blue herons, and once we have encroached within a certain distance, Anita and I have set up, on that building permit application, then I contact Anita. And then it's in her hands then, and she responds to the applicant and back to me. page: 5 Eagle Habitat Meeting: October 26, 1990 Anita McMillan: And that is a result of the Bald Eagle Protection Rules which I failed to bring copies of but I can se[nd] [interrupted]. Betty Rodrick: I have one. Anita McMillan: Oh, wonderful. Mike Ajax: I got it. I made some. Anita McMillan: Well, that's the pamphlet, but that's not the Bald Eagle Protection Rules. Mike Ajax: Okay, no okay, I got it, okay. Okay, I got a copy in my desk, not right here. Betty Rodrick: I have a copy of this one. Chairman Dalldeish: Well, let me ask you another question. In your opinion [interrupted]. Mike Ajax: One paragraph you guys might be interested in right there. Chairman Dalldeish: Would this have a [paused]. Mike Ajax: Yeah, I'll get you; the next word here. Chairman Dalldeish: Well, we'll see in a little bit. Affect the valuation of the person's property he wants to build on? Anita McMillan: Um, the Bald Eagle Protection Rules are set up to, with the goal of protecting the eagle territory and to allow the land owner reasonable use of their property. Is that probably a fair [pause]? Um, I have worked on several properties around eagles nests and in the negotiation of the Eagle Management Plan I have been working with what the land owners proposed use of that property is if it's building a home, you know that's what I would work on is: Where can we build that home to have the least impact to the eagle nest but still allow them to build the home on their lot. Um, what it could do, because there's been in general in our develop of a management plan, there is a zone, Page: 6 Eagle Habitat Meeting: October 26, 1990 Anita McMillan - Continued: like I indicated, that we call Protected Zone. And, that area, we, in most cases is unaltered. They aren't allowed to do any, um, change the vegetation by any means. You know, they have to leave this particular [interrupted]. Chairman Dal2Ieish: Then how close to the house? Anita McMlllan: Well, it would be each lot we have to work differently because some lots are just, you know, a hundred feet by two hundred feet and other lots are you know, five acres. Chairman Dal2Ieish: And here's the eagle nest on, on the comer of it or on that piece. Anita McMillan: Or in the middle of it. Mike Aiax: Well we had one here just recently that the nest was in Old Fort Townsend State Park, but it affected the houses in Kala Point, so it was, was in Kala Point. Jeff' Chapman: But, like in that case, the lot right along Old Fort Townsend: Anything on that one's going to be useable? Mike Ai ax: On, on this particular one there was a time criteria on it, ah: Party A couldn't build 'til after July 15th, Party B couldn't build 'til after August 15th, and the other parties couldn't build 'tiI after August 31st or something of that type. Vice-Chairman Dou2las: No, that's not it [referring to passage in Revised Code of Washington]. Jeff' Chapman: But no lot's was real unbuildable. Mike Aiax: I don't think it was in that particular case. In that one it wasn't. Anita McMlllan: No. We have not, at least in Jefferson and Clallam Counties, the Management Plans that I've worked on, we've not denied the person the right to build a house on their lot, no matter how small it Page: 7 Eagle Habitat Meeting: October 26, 1990 Anita McMillan - Continued: is, and how close it would come to the nest tree. What I have been doing is working with the land owner and trying to find the location for their house site that would be the least impact to the eagle. In some cases it doesn't reduce the impact to the eagles because the lot may be just so small or you know, just the configuration of the nest tree in the lot. But, you know, that, our goal is to reduce the impact as much as possible. Betty Rodrick: Right. Some cases, it could, by, by, you know, moving the house to have the least impact, it could reduce the, the view for example, if it's waterfront property. Instead of 180 degree view it may reduce it down to a 60 degree view. Anita McMillan: Of course, that's, that's a common type of reduction in use that occurs. Chairman Dal21eish: Does the eagle use the same nest year after year? Anita McMillan: Yes, generally they'll have alternate nest trees within one territory. You know, they'll have maybe two, sometimes more nests, sometimes we only know of one nest tree. And, they will repeatedly use those nests and sometimes they'll build new ones. Sometimes the nest will get blown out, um. We still though, unless some sort of structure has changed in that tree that wouldn't allow it to hold the nest structure, if we knew the tree had a nest in it, we still protect it because it's still a nest tree. Chairman Dal21eish: Alright, so now they hatch the eggs: What is it, one or two or three, or a pair? Anita McMillan: Both, all three. One, two, or three. Chairman Dal21eish: They don't come back to that same nest next year. What do they do, they gonna go out to find a piece of ground for the appellants to build on, is that right? Anita McMillan: The juveniles take five to six years before they mature. And [interrupted]. Page: 8 Eagle Habitat Meeting: October 26, 1990 Chairman DalJdeish: Before they start producing? Anita McMillan: Yeah. So, they are now breeding the next year. It takes them a number of year, it takes them a number of years. I think there is some site tenacity where they will return to the general area. I don't know how much research has been done, but I think typically when the adults leave you would likely have the sites refilled with new individuals whether those be juveniles from previous years or from in the vicinity, possibly. How their territory's in the vicinity. Jack Westerman: So what we've got is that, ah, at least in all likelihood this property's in the, be developed into ah, if we know that there's a eagle nest, you know. the likelihood of if being developed into real small parcels and stuff, it starts becoming pretty minimal. Usually, in this case it was a five point seven eight [5.78] acre tract. Ah, when we go out to appraise or assess a piece of property, very seldom, unless there's an impending short plat or something, we appraise a five point seven acre parcel based on what other five point seven acre parcels are sell, are selling for as, as residential building sites. You know, it's five acre sites. So, we're not looking at, when we're out there, boy we don't go: This is a five point seven acre piece, they can go short plat it, they can sell it in the four parcels, those four parcels would sell for fifteen thousand [$15,000] a piece. It would cost them five thousand [$5,000] to go through that, that's sixty thousand [$60,000] minus five [$5,000], that's fifty five thousand [$55,000]. That's not what we do. So, it's [interrupted]. Anita McMillan: [interrupted]. So you don't look at the potential under these Jack Westerman: No. No, very seldom. Jeff Chapman: We do the view site now, often the view sites are near the waterfront, that's also where eagle's nests are [interrupted]. Jack Westerman: Yes. Yes, yeah well, well let me finish up. So in a lot of cases, you know, there wouldn't be a major impact because you're allowing building to occur. But, as, as you well stated, if in fact the page: 9 Eagle Habitat Meeting: October 26, 1990 Jack Westerman - Continued: view, you know, the degree of view is limited because of the eagle nests and you get a sixty versus a one hundred and eighty degree view, obviously that's going to be a little different situation because the sales part of the the comparables that we use to come up with that value, probab[ly]; in all likelihood may, have been based on the availability of a hundred and eighty degree view. So, there could be an impact and that's their point. The third scenario is let's say that they allow the one hundred and eighty degree view, just because of the specific site situation in this case. All of a sudden now, versus a decrease in marketability, there are some people that are really attracted to being able to live somewhere, get a one hundred and eighty [degree] view and watch an eagle family grow and mature, and use their binocular, telescope, and stuff. I mean, you could, it all, because it's so specific to the certain situation, you could in fact have an increase in value due to the fact that the eagle's there, if everything's allowed to occur. Now that's, you know, how do you measure that? That's a really difficult thing to measure and there's probably not enough sales of comparables where that did occur that you'd be able to come up with how much it's different. Chairman Dalldeish: You could write a letter to the Audubon Society asking if potential buyers would want to have an eagle nest [interrupted]. Jack Westerman: Well, well, you know, it's just a funny thing, it's, it's more difficult one. I think Jeff's point is probably, in the case that you described, is gonna be the one more likely. Anita McMillan: Um huh. Jack Westerman: In every case there's probably going to be some ability for the land owner to be able to build on the parcel. Okay, so we don't have an unbuildable site. We do have some restrictions for the timing. But, and, but the other one's gonna be, if it affects the, the view characteristic of it. Then, then that's something that the Board is gonna have to probably, and, and we'll try to make some determination from it, but, how much is anyone's guess. Page: 10 Eagle Habitat Meeting: October 26, 1990 Betty Rodrick: Conceivably a land owner too, also may be willing, you know, to set aside more of their property than the, than the WACS [Washington Administrative Codes] [interrupted]. Jack Westerman: Oh, they may apply, they, if this is a large parcel of property, they may apply for ah [pause]. Betty Rodrick: Open Space. Jack Westerman: Open Space. You know, and do a Conservation Easement, and do a multitude of different things, and und[er], under the Public Benefit Rating System, which the Planning and Building Depart- ment is working on very hard right now, ah, you know, yeah. You know, could be that they could save some money, not only from the sale of the Conservation Easement and the income tax benefits derived from that, ah, but also from ah, the, the giving away or the vesting away of a portion of the bundle of rights for the Conservation Easement, and the Open Space. The Public Benefit on top of that. So you have three different criterias. So the possibilities, ah, you know, vary a great deal and can go from very little impact or change in assessment or fair market value to ah, pretty significant. Jeff Chapman: Well, the main thing about Open Space is it might even encourage the property owner to preserve that eagle nest. If we're saying: You've got water front property that's rapidly going up in value, you can go in this Open Space Program and get a reduction on that value and you'll be in, as long as that eagle's nest is there. Betty Rodrick: Right. Jeff Chapman: And, that would be an incentive to property owners to protect it. Betty Rodrick: Sure, if they, you know, if they're interested in the long term investment type of thing, you need, you need building later, maybe when the eagle moves or whatever: If that's what you're talking about. page: 11 Eagle Habitat Meeting: October 26, 1990 Jeff Chapman: Or, if, if the nest is, goes two or three years and isn't used or something like that. What, what happens though if a, if you really, and the property owner wants, there's only one view home site and the eagle nest is right in the tree next to it, and you say you can't build there? What's to stop the property owner from: Jeese the tree fell down last Sunday [interrupted]. Anita McMillan: Well there's [interrupted]. Jeff Chapman: The poacher came and cut the tree down last Sunday? Anita McMillan: What we do [interrupted]. Betty Rodrick: That happens. Anita McMillan: When urn, we're, I'm working on the Eagle Management Plan, I work with the land owner to the point where I don't feel, urn, that, you know, in any lot there's more than just one place where you can build. I mean there's, maybe, here's looking at the place that's going to have the water front view or something, but there's generally enough places where they can build. Basically we try to allow them to have their water front view. You know, again, it might be a reduced water front view, you know, again, it might be a reduced water front view but urn, there ah, right now is, you know, that's what I'm trying to do is let the land owner use the property as much as possible but reducing the impact to the eagles. So what we do is we go through this process and then I f"mally say: Okay, you, you know, this is about where I'm gonna stop in the negotiations, and I don't feel comfortable, you know, allowing you to build within twenty five feet of the nest tree. I'm gonna make you build over here a hundred feet from the nest tree, or two hundred feet, or wherever. Betty Rodrick: Then what the land owner has the option to do within these Bald Eagle Protection Rules, there's a committee [interrupted]. Vice-Chairman Douldas: Bald Eagle? Page: 12 Eagle Habitat Meeting: October 26, 1990 Betty Rodrick: Yeah, a bald, well, there's two processes: there's the Bald Eagle Oversight Committee, which is a committee, what is it five members in it? Anita McMillan: Right. Betty Rodrick: And they're representing urn, Realtors and ah [pause]. Anita McMillan: Land owners, Conservationists. Betty Rodrick: Yeah. Chairman Dale:leish: What do you call that, Bald Eagle what? Betty Rodrick: Oversight. Anita McMillan: Right. Bettv Rodrick: Committee, and you could read about that in here, if you guys have an interest in reading about that in the Bald Eagle Protection Rules. Vice-Chairman Dall!:leish: For the record, the Bald Eagle Protection Rules are WAC [Washington Administration Code] 232-12-292 and show them as exhibit, as an exhibit for this hearing [Exhibit 1]. Bettv Rodrick: Thank you. Vice-Chairman Doul!:las: And the other document that we have is Bald Eagles of Washington which appears to be a, just a general presentation of the situation [Exhibit 2] for who? The State? Anita McMillan: Right. Department of Wildlife. Vice-Chairman Doul!:las: Department of Wildlife, that's a [indiscernible]. Page: 13 Eagle Habitat Meeting: October 26, 1990 Anita McMillan: So the land owner feels uncomfortable with, or doesn't, is not satisfied with the Management Plan that I have developed, they have the right to bring it to the Oversight Committee and/or appeal it. Right? Jack Westerman: They can appeal it to the BEOC [Bald Eagle Oversight Committee], instead of the BOE [Board of Equalization]. Betty Rodrick: Yeah, right, the BEOC, right. Vice-Chairman Douldas: Well then, then what we're, what we're saying is that a, an appeal to the Board of Equalization might be only a latent reaction to the final decision that this filed. We, we don't, in other words we don't have a, we don't have a primary rule unless as a result of what's going on in protection of the eagle, does have a, a financial impact and he doesn't agree in the financial impact that the Assessor sets on it. Jack Westerman: Yeah. Yeah, the, ah, so once the Plan has been appealed and it's finally decided where this guy's gonna go. Vice-Chairman Douldas: Urn huh. Jack Westerman: Okay, let's say that he goes, goes and does that. Then he's going to come in to us and say: Based on that, my property is only worth [interrupted]. Anita McMillan: Right. Yeah. Jack Westerman: Seventy five percent of what would have been should I have been able to build a; we'll, you know, we'll try and be fair, but we also know that if most property owners could get twenty five percent [pause] . Vice-Chairman Douldas: Urn hum. Page: 14 Eagle Habitat Meeting: October 26, 1990 Jack Westerman: Assessed value versus seventy five percent assessed value, that they'll, I mean, they might give it a shot. And so our job is to try and be as fair as we can within the whole thing, and if they disagree with us from that standpoint, then we'll appeal to the Board. Anita McMillan: But basically you'd have to have a Management Plan in your hand to be able to assess what type of changes there would be [interrupted] [indiscernible]. Vice-Chairman DouIDas: Sure. Okay. Sure. How, how, how, what is the [interrupted]? Jack Westerman: That's, that's a very good point. Vice-Chairman DouIDas: What is, what is the process for this Management Plan to be made familiar to the Building Department, and the Assessor, and ultimately us too? Is there an automatic distribution of this Management Plan that is finally negotiated that [interrupted]. Anita McMillan: Basically the Management Plan process gets triggered when a permit has been applied for. Vice-Chairman DouIDas: Right. Anita McMillan: So when Mike Ajax gets a' application for a building permit then he lets me know, and before he can issue that permit, according to these Bald Eagle Protection Rules, we have to have an agreed upon Management Plan. Vice-Chairman DouIDas: Okay, and that becomes a matter of record in the County then through the Building Department. Mike Aiax: It would; it doesn't go other than, it doesn't go anywhere other than the file, the building permit file, you know. Ah, our information over there on the eagle nests is, is urn, I'm the one that keeps that infonnation, and urn, we keep it as quiet, you might say so there's less impact on the area. And so that infonnation isn't something that's publicly distributed, it's something that just goes into that file only. page: 15 Eagle Habitat Meeting: October 26, 1990 Jack Westerman: Ah, these people don't mind. Mike Aiax: Why ha[ve], we haven't yet. Jeff Chapman: Right. Betty Rodrick: You could require that when, when they file their appeal, urn with you, with your Board, you could require that they submit their Management Plan for your review. Anita McMillan: And that Management Plan with, urn, just something for you to be aware of, needs to have an agreement form attached to it because I write Management Plan. Sometimes numbers of them before we get one that's agreed upon. Betty Rodrick: We have a signature page. Mike Aiax: Yeah. Betty Rodrick: And agreement form. So iust make sure that the plan that they submit is the one that has the Aflreement Form on it. Jack Westerman: Make sure you highlight that. Jeff Chapman: Now these Management Plans are a term plan. If they decide they're not going to build for four or five years, it may be able, you could assume that the value will hold itself, but they could eventually build on the site they want to. Anita McMillan: The only thing that could possibly change, if it's a new nest got built, or a new nest got discovered that might have been, be urn, you know, maybe right in the middle of their building site. But we didn't know about before or you know got built. Then, the time would have to be [interrupted]. Jeff Chapman: But the nest will eventually be abandoned, the existing one? Page: 16 Eagle Habitat Meeting: October 26, 1990 Anita McMillan: Well, alternate nest sites, you know nests often time, nest territories, a pair, will have more than one nest, frequently. And they will alternate from one nest to another in any given year. You know, I can't predict which nest they're gonna use in any given year. So. Chairman Daldeish: We have, we have one down [interrupted]. Jack Westerman: So you have to have a history of, of abandonment over um, more than a seasonal period of time. In order to ah, let's say that, you know, after ten years should we continue to give, if they were given a, a, you know an abatement on the property taxes of some kind, you know. Should that continue into perpetuity? Anita McMillan: Well what [interrupted]. Jack Westerman: Or is there a point in time when we, that needs to be reviewed? Anita McMillan: There is always the option in the Management Plan, we even state in the plan that it's subject to review and updating, um, but actually my long term goals when I'm developing the Management Plan is to make sure that there's gonna be suitable trees in the future. And if that pair, let's say, abandoned the site, and there wasn't any birds that used it for five or ten years, that doesn't mean that that territory wouldn't possibly be re-occupied in the future. Jack Westerman: That, that's ah, yeah. Anita McMillan: [interrupted] . One of our goals is to have available areas Jack Westerman: Enough habitat, enough of a [pause]. Anita McMillan: And, you know, if we kept on saying: Well this site wasn't used for two years, we aren't gonna protect it. Then we'll eventually reduce the number of trees [interrupted]. Page: 17 Eagle Habitat Meeting: October 26, 1990 Vice-Chairman Dousdas: We have, we have one nest ah, nest habitat that's been there for fifteen years that I know of. Anita McMillan: Yeah. Vice-Chairman Dousdas: But, the bird is not there aU the time. He lost his mate, but he still comes back. Anita McMillan: Yeah. Vice-Chairman Dousdas: He uses the nest. Our, our, our, is this going to be prion [pause], primarily on one other property. Jack Westerman: Um, um. Anita McMillan: Um, there are nest territories that are set back from the water and there is some um, been one territory that's up around Leland Lake and Crocker Lakes. And sometimes it's away from the salt water. Vice-Chairman Dousdas: Um hum. Anita McMillan: But in general, we will fmd them, I mean almost always we will find them around some water body, whether it be a river, salt water, or fresh water. Vice-Chairman Dousdas: In Skagit River they're a long way from the water of the Skagit River area, and it must be happening. Jack Westerman: Let, let me ask, let me see if I can sort of get straight on this, ah. Mike can keep this stuff. I don't, you know, have any great need or want to have all of your information on eagle nests. But, if a property owner comes in and one of the, one of the complaints to one of my appraisers or someone in the office [interrupted]. Vice-Chairman Dousdas: Just ask him. page: 18 Eagle Habitat Meeting: October 26, 1990 Jack Westerman: Is, you know, I've got this eagle nest habitat, and you know, I've got this management thing and you know, I want to be able to, ah, rather [than] us having copies of all this stuff down here and keeping track of it, I'd like to just be able to come up and get it. But when [interrupted]. Mike Aiax: Yeah, you could come up and ask me, I could tell you. If I'm not sure how close it is to that property then I will contact Anita. Jack Westerman: Now you guys agree that that's the way? The one that we should do it, is we should, it should be somewhere in the Coun[ty], in the Courthouse. Available for us when the question arises. Or, should it be that we have all this stuff and, you know, we go out and address it all? Vice-Chairman Doul!:las: Well first of all, wouldn't you have in your computer data, ultimately wouldn't you have a record of any of this, this area that's a nesting tree? Jack Westerman: Not if he wants to keep it quiet. Mike Aiax: See, see it affects [interrupted]. Jack Westerman: [Indiscernible] Computer too. Yeah, because this computer thing, our computer programs, the Title Companies have it, the Realtors have it. Vice-Chairman Doul!:las: I see. You know, so you, you wouldn't necessarily want to put it on the computer program. Anita McMillan: Is that a problem? Betty Rodrick: No, that, in fact that, that may be a benefit actually because you know, we've been talking about ah, trying to get the Eagle Plans even possibly recorded in the Counties so that when a Title Search is done a red flag comes up that [interrupted]. Jack Westerman: That's, that's a great. You don't have the Manage- ment Plan, the Management Plan isn't recorded? Page: 19 Eagle Habitat Meeting: October 26, 1990 Anita McMillan: No. Betty Rodrick: Not at this point, but whenever there's a sale of a parcel property, the land owner doesn't have to teU the buyer that the eagle nest is there. So a lot of times the only way they'll find out about it is, is if it's, you know, would show up on a Title Search, and it, they aren't ever, they haven't up to this point been recorded. But, we would like to begin to see that happen. Jack Westerman: That's a good idea. Betty Rodrick: So that, that the buyer doesn't go in unsuspectingly and, and buy something and then realize they have these conditions. Jack Westerman: The court's Conservation Easement, if they go that far, should warn them, but, but the ah [pause]. Betty Rodrick: Sure, put on, yeah. Anita McMillan: Generally I don't have any Conservation Easements that I've worked on in this County. Um, typically I only get involved when somebody's applied for a permit because of my time, you know, I'm just spread out and we don't respond or work on these until somebody's put in for some [interrupted]. Jack Westerman: So your answer is that if the Department of Wildlife does, even if that happens, that just, they say yes, and if you want to computerize your information, that's fine. That if Mike does that, it will be available to us, through the System 36 [The County's Computer System]. What they do in Planning, you know the Assessor's Office has; what the Assessor's Office does, Planning has. Vice-Chairman Doul!las: Just, just so [interrupted]. Jack Westerman: Access. Page: 20 Eagle Habitat Meeting: October 26, 1990 Vice-Chairman Dou21as: All I was concerned was if there was some kind of a tickle system so, so ah, that, that ah you would be notified, ah the Assessor's could be notified that there is a problem on this particular piece of property because of some restrictions. Jack Westerman: Usually the tickling is gonna come from the property owner, if they believe it has had an impact on the value, if they've worked through and ah, together with Mike and they come up with the Management Plan, then they've gotten everything that they want from it, then it's no problem [pause]. Vice-Chairman Dou21as: Um huh. Jack Westerman: Then, they aren't gonna tickle us. Member Archie Barber: I don't think. you would be, or that you should be expected to try to pinpoint and record eagle nesting sites anymore than you would be expected to determine whether a piece of property perks or not. Jeff Chapman: It would be nice if there were maps that we'd have of property out on the location of each [interrupted] [indiscernible]. Anita McMillan: And Mike Ajax does have the maps. But that you would certainly be, if you ever get a person in the computer where that could be put in and updated, because every year I have new nests and you know, so that's something that would need to be updated. Mike Aiax: Anita advises me, ah probably a half a dozen times during the year, whenever there's a new nest she advises me right away so I can pinpoint it on my map so I can be aware of it the moment a permit's applied for. Jack Westerman: Yeah, see the question is, for me, not so much where all the nests are, the question is the ones that may have an impact on value. Mike Aiax: Um huh. page: 21 Eagle Habitat Meeting: October 26, 1990 Anita McMillan: Um huh. Jack Westerman: [indiscernible] . That's what I'm concerned [interrupted] Mike Aiax: Well that's [interrupted] [indiscernible]. Jeff Chapman: An appraiser's gonna go out there, and inspecting the land they know there's a nest on that land. They find the tree or see the tree and the nest. And you can say, you can say they can't build within a hundred feet of it or something. Isn't there, there is a minimum that you know that it [interrupted]? Anita McMillan: Well, its, we don't have a minimum because every lot's gonna be different; and typically we like to keep the, any building sites, if we could, more than three hundred feet away from the nest tree. I mean, the further the better. Especially in these situations like this, where you may have a five acre tract, at how wide are they? Two hundred feet. Jeff Chapman: This is Kaan's property right here [referring to a map]. Anita McMillan: Two hundred feet wide and all the building lots are gonna be wanting to be up here you know in water front view and that's where the nest tree is. Well, you know, that territory's going to be pretty impacted by all those buildings. Um. Mike Aiax: The, the other thing we're very fortunate in Jefferson County, if you divide it in two areas, the East End, the West End. This end of the County was probably what? Thirty, forty eagle nests, approximately? But ah, what, you probably know more than I do, that part, two thirds of them, probably on areas that aren't accessible to the public anyway, like Indian Island and Protection Island, and ah, and [pause]. Anita McMillan: Well that's not true. Mike Aiax: And ah, and the, in the navy bases down in the Peninsula. Page: 22 Eagle Habitat Meeting: Ot:tober 26, 1990 Anita McMillan: No. I'd say [interrupted]. Mike Aiax: Maybe half? Anita McMillan: I'd say over half are definitely going to be impacted by developers. Mike Aiax: Okay. Okay. Okay. But a good share of them are in the areas that the public can't, doesn't have access to anyway. Jack Westerman: At least some of them. Mike Aiax: Yeah, yeah. Anita McMiUan: Some of them. Jeff Chapman: Now you're not denying access as far as walking by [interrupted] [indiscernible]. Jack Westerman: Well, I'm speaking of Protection Island or a navy bases or Indian Island, you know. Anita McMillan: They are only in the protected area, it is not to be altered; which means they couldn't build trails, they, we really, you know, it would, depending on the Management Plan we will make various, different restrictions. But in some cases we'll say there will be no entering into the protected area. So in the protected area they are basically losing the opportunity to use that property, whether they wanted it to be their rose garden or whatever. That is not; generally, you know, there are going to be exceptions because there's going to be places where sometimes the nest tree's built right above somebody's house, you know, and they already have their garden there. Jack Westerman: God, you know, but if you think about the idea of being able to watch the, right from your window. I, I mean. Anita McMillan: Right. Page: 23 Eagle Habitat Meeting: October 26, 1990 David Dou21as: The people down there in Mats Mats have a lot of fun watching that eagle nest. Jack Westerman: Oh yeah, that'd be great. Betty Rodrick: So, I, I think at one point in the discussion here it sounded like you were considering whether or not you could give, if you were going out just doing, in course of your normal, you know, re- evaluation, if you could give all of the properties ah, near an eagle nest a flat reduction. Urn, I don't think you could do that. What Anita's saying is that you really need a Management Plan in place to see how that Plan is really going to impact the owner's use of each individual parcel. Chairman Dal21eish: [indiscernible]. Now you wouldn't know until the parenting Anita McMillan: Until the Plan. Mike Aiax: It may not impact it at all. Anita McMillan: Right. Jack Westerman: Yeah, that's, you know [pause]. Mike Aiax: Yeah, it may have no, zero impact. Jeff Chapman: Well, what would the best policy be then? I mean, and I, [indiscernible] could have their own, but ah, no reduction would be given until the Management Plan had been agreed upon? Anita McMillan: Right. Jack Westerman: Because you wouldn't know how much reduction to give them. Jeff Chapman: Urn huh? Betty Rodrick: Yeah, I think that [interrupted]. page: 24 Eagle Habitat Meeting: October 26, 1990 Anita McMillan: Other than maybe changing it because they've gotten into some Open Space. Betty Rodrick: Right. Yeah. Anita McMillan: If that has something that, that [interrupted]. Jack Westerman: Oh yeah, that would probably be part of the grading process, the Public Benefit Rating System. I mean, you got eagle habitat on there, you're gonna get some bonus points, no question about it. Jeff Chapman: Yeah, but you have public access to it. Vice-Chairman Dou21as: Can I [interrupted]? Jack Westerman: You're not supposed to. Vice-Chairman Dou21as: Can I ask a dumb question? Jack Westerman: Well, if, if [interrupted]. Mike Aiax: Sure. Vice-Chairman Dou21as: If, say we have five, ah five, plus or minus acres of land, ah first of all: That qualifies for Open Space? Jack Westerman: Um huh. Any, any size qualifies. Vice-Chairman Dou21as: Okay. Anita McMillan: Really? Jack Westerman: For Open Space / Open Space. Vice-Chairman Dou21as: Okay. Is, is it possible that a part of the Management Plan could be the f"mding of a, a Open Space within that parcel, of which restricted that given use. page: 25 Eagle Habitat Meeting: October 26, 1990 Anita McMillan: I think that would be real valuable to be working on that. Jack Westerman: Yeah, it's a real tough one. What are you buying? You're buying one five acre building site [pause]. Vice-Chairman Dou21as: Yes. Jack Westerman: So if you're restricted, you know [interrupted]. Vice-Chairman Dou21as: Where do you put it, well? Jack Westerman: On half an acre, you know, as a, as a natural deal, does that decrease the market value of that five acre building site? Vice-Chairman Dou21as: That's right. Jack Westerman: Very probably not. Jeff Chapman: It would be nice if you could deal with it strictly through Open Space, and say that if you want it, we're gonna do it all at Fair Market Value as if there wasn't an eagle nest. If you want a restriction, you go to apply for Eag[le]j Open Space / Open Space and go through that program. I thought that would be kind of nice where, you know, but then you can't really do that because you can't, this is a State Regulation, so you are restricting the use of their property whether their Open Space or not, so the Fair Market Value has decreased. So we can't, we can't make people do that. Chairman Dal21eish: I'd like to ask a question: Do you have a map of Eastern Jefferson County or the whole thing where you've already got these nests located? Mike Ajax: Like this. Anita McMillan: Yeah. Chairman Dal21eish: Oh. Page: 26 Eagle Habitat Meeting: October 26, 1990 Anita McMillan: Mike Ajax keeps [interrupted]. Chairman Dal2leish: Well we're gonna look at it. Mike Aiax: Well you, well you can look at it anytime you want. I have a [interrupted]. Jeff Chapman: Do you use the County Road Map? Mike Aiax: I have a County ah, not a Road Map, but a County 00, published map, yeah. Chairman Dal2leish: Well, couldn't we have, Board of Equalization get a copy of that? Mike Aiax: Well, if you need it yeah, sure. Jack Westerman: I, I just [interrupted]. Chairman Dal2leish: I, I might want to buy a piece of ground, but if it looks like an eagle nest on it I'm not gonna go near it. Jack Westerman: Oh. Oh. Oh. Oh. Chairman Dal2leish: One over at [interrupted]. Jack Westerman: Oh. Chairman Dal2leish: Site of Mount Rainier, some other place. Jack Westerman: Oh. Huh. Vice-Chairman Dou2las: Ah, I for one [interrupted]. Jack Westerman: Well it's probably the only way, gee, that now that [interrupted]. Anita McMillan: And that [interrupted]. page: 27 Eagle Habitat Meeting: October 26, 1990 Jack Westerman: Ah, that would be up to Anita to answer it. The answer is public information. See, see, the reason, the thing is you don't, and I'll let Anita answer that, but you don't want to disturb them [the eagles]. That's the whole key to the whole thing. And that's the whole key to the, the Management Program. And, I'll let you carry that. Mike Aiax: And what of your Eagle Task Force? [Indiscernible - Talked Over]. Anita McMillan: I think we have to use our better judgement in, in, urn, distributing the information on the nest trees. Betty Rodrick: I use, we use a, a need-to-know basis generally. Jack Westerman: Right. Mike Ai ax: This is why nobody in our office has it other than me, because we want the least amount of impact there is, we don't want somebody accidentally walking in and discovering the information then going out there to stand there watching them. That's, that's not the whole object of it. Chairman Dal21eish: Well, let me put it this way, supposin' that there's a piece of property for sale out there in the boonies somewhere, ten or fifteen acres, and I'm interested or someone else is buying the thing. Anita McMillan: Um huh. Chairman Dal21eish: I might be inclined to want to stay away from it if it's got eagle nests on it. Mike Aiax: Well then, go walk it. Anita McMillan: I, I think that's the best thing, almost, and the reason why is you may not find the eagle nest on it: But what if you find a great blue heron rookery on it? I mean, I'm not observing great blue heron rookeries when I do my surveys for eagles. They're very difficult to see, you basically have to walk around on the ground to see them. And, and there's gonna be some restrictions to what you can do with, page: 28 Eagle Habitat Meeting: October 26, 1990 Anita McMillan - Continued: you know, great blue heron rookeries on your property too. Vice-Chairman DoU21as: Is there a similar WAC for blue herons? Anita McMillan: It's just the Protective Law by WAC, and I don't have that, the number here with me today. Vice-Chairman Dou21as: And I noticed that the other one is osprey. Anita McMillan: Osprey. Chairman Dal21eish: So you buy and then you find out later? Jell Chapman: Yeah. Jack Westerman: Yeah, or you go walkin'. Anita McMillan: Well, you go walkin', and [interrupted]. Jack Westerman: With your luck Chet, there would be eagles, ospreys, snail darters, spotted owls, and then the piece that you would get [interrupted] . Jell Chapman: Well, what if it's a developer who doesn't see the nest and wouldn't it be better that he didn't buy it in the first place, than buys it with intent of developing and then you say: You can't use it. Anita McMillan: Yeah. That's, that's kind of why we, we'd like to get the, the eagle territories identified by tax lot parcel numbering and get that in your computer system, and maybe even get it [interrupted]. Betty Rodrick: So that it'll show up on title searches, that way people [interrupted]. Anita McMillan: But the one, go ahead, I'm sorry. Betty Rodrick: Will be, fine, yeah [indiscernible] this is prototype information, I [interrupted]. page: 29 Eagle Habitat Meeting: October 26, 1990 Chairman Dalsdeish: But this is required for application, right? Mike Ajax: Well no, I'm not denying it, I'm just doing what, I'm just, I, I don't have the parcel numbers anyway, Anita has the parcel numbers. Anita McMillan: And we aren't denying [pause]. Mike Ajax: We're not denying it. Anita McMillan: The, you know, the information [pause]. Mike Ajax: Nobody's requested it at this point. Anita McMillan: All I'm saying is, let's use our better judgement as to how we distribute it. Um, it's just something that I think, you know, you have to think about before you, you know, post it on the Public Meeting Board as to where all the eagle nests are, for example. Mike Ajax: Yeah. Anita McMillan: The one thing though, I, you know, I certainly would like to point out is the fact that, you know, if you want to stay up on purchasing properties and stay away from eagle nests, that doesn't assure that in the future an eagle won't build a nest on that property, you know. So, um. Vice-Chairman Dousdas: It's not a static situation. Anita McMillan: No, it isn't. Vice-Chairman Dousdas: Dynamics. Chairman Dalsdeish: So all the carpenters will be working then, from October to the [pause]. Mike Aiax: September. Jeff Chapman: Do you have a map for all spotted owls? page: 30 Eagle Babitat Meeting: October 26, 1990 Chairman Daldeish: Two months out of the year in certain areas. Anita McMillan: That's gettin' kind of a sensitive subject. Vice-Chairman Doudas: Yeah, I bet it is. Betty Rodrick: Yeah. Anita McMillan: But anyway, I think that information certainly should be available to the people who have a, a need to know, for example, people that are buying properties: Is it gonna to be around an eagle nest? Developers, before they, you know, send in their um, subdivision plans that, you know, for them to know whether or not it's going to be 'accessive' or not is important. You know, if they know there's an eagle nest there, then they're gonna know that they're gonna have to make some um, considerations. Vice-Chairman Doudas: Has your department established at any time what the policy is to the availability of information of location of where these nests are? Is, is there any policy that, that is currently being practiced or [pause]? Betty Rodrick: Urn, we have a, an interim policy right now, which is basically a need to know basis. Um, we share the information with other agencies, which for example, the County Planning Departments, or we'd share it with you, if you have a need for it. It sounds like you can get [indiscernible - talk over] County Planning Departments, so, you know [interrupted] . Anita McMillan: The problem with it [pause - indiscernible]. Mike Aiax: Sure, even if you give them five acres they don't [interrupted]. Betty Rodrick: It's also [interrupted]. Anita McMillan: Uh, huh [indiscernible]. page: 31 Eagle Habitat Meeting: October 26, 1990 Vice-Chairman Dou21as: Well, the reason I'm asking if, if, if we're talking about all of them the earmarking the parcel number records in the Assessor's Office, ah [pause]. Betty Rodrick: Right [indiscernible. talk over]. Vice-Chairman Dou21as: Or informing the title companies so that they're aware of where these things are, it would seem to me that those two things should be decided by the department as to, on the State wide basis that uh, what the need to know requirements are [pause]. Betty Rodrick: Right. Anita McMillan: Yes. Vice-Chairman Dou21as: Or limitations are. Anita McMillan: Um huh. Vice-Chairman Dou21as: So we're all operating under [tape change]. Member Archie Barber: [Indiscernible] Down and that flag would stay there forever and ever until something happened to [interrupted]. Mike Ai ax: Somebody'd need to update it, keep it, keep it current though. Member Archie Barber: [Indiscernible]. Anita McMillan: Yeah, it would have to be updated, but [interrupted]. Member Archie Barber: It would have to be, expect everybody to be protected with information on everything. We don't all know the, all the traffic regulations, all the criminal laws, and various other things that we're expected to be prudent, and ah, live our lives according to the law. I look at the eagles' situation the same way, ah. Like Jack said: What, why buy a pig in a poke in the first place? Page: 32 Eagle Habitat Meeting: October 26, 1990 Jell' Chapman: A lot of folks may not even be aware that that might be a restriction, and that's what frightens me, it's like, like take Woodland Hills where people buy in good faith thinking they could build and find out for one reason or another [interrupted]. Mike Aiax: That's another story. Jell' Chapman: Due to one regulation or another they can't. They're not going to get a building permit. It'd be nice if they knew up front, going into this that there's a problem here, not that you buy this property, you got this beautiful site and they may note an eagle nest there. It may not bother them, their gonna build right next to it, and they think that'd be kind of neat, to have a skylight lookin' right up at it. And then they find out there is a regulation sells that, that's now sayin' something, they can't do that. It'd be nice if somehow they knew when they're going into that property that that might be a problem. Jack Westerman: If life was perfect, everyone would know. Mike Aiax: How do you do that? Jack Westerman: And, and [interrupted]. Jell' Chapman: Carson Kaan bought this property in January of 1990 and I'm sure he would have liked to have known back then that there might be some problems. Vice-Chairman Dou21as: He apparently made an appraisal [interrupted]. Jack Westerman: Yeah, except that you just don't know if there is a problem, until the Management Plan's in place and you have it and you know what the restrictions are. Vice-Chairman Dou21as: But there may not be a problem, is what you're saying. Jack Westerman: There, there may not, not only may there might, may not be a problem, but this guy may have a wonderful opportunity here. Page: 33 Eagle Habitat Meeting: October 26, 1990 Vice-Chairman Doul!las: Um huh. Jack Westerman: I mean, Carson Kaan, for all we know, may love [interrupted] . Jell' Chapman: Again Jack, you're projecting your own [interrupted]. Jack Westerman: No, I'm projecting it up to the Management Plan here. Mike Aiax: In, in, in six and a half years that I've been involved in it, we haven't had a problem. We haven't, we haven't denied a building permit yet, since I've been with the County. Anita McMillan: Well, that, I think basically the Bald Eagle Protection Rules denied me, as you know, the Wil[d], the Department of Wildlife representative to work with the land owners so that they can use their property; what we might require is that they not use their desired building lot. That they might have to build over here instead of over here. Member Archie Barber: There are other factors that can cause the same thing. Anita McMillan: Exactly. Mike Aiax: Sure. Member Archie Barber: We all can't be within a certain distance of this sewer. Mike Ai ax: Exactly it. determine how far he sits fall into it. You got it, this height, the banks gonna back too. So there's all kinds of things that Anita McMillan: There is one issue that um, that may impact this in the future and this is the SEPA [State Environmental Protection Act] Review. Because my Bald Eagle Protection Plan that I develop, because I am allowing the land owners to use their property. The plan that they page: 34 Eagle Habitat Meeting: October 26, 1990 Anita McMillan - Continued: propose. all I might be doing is altering it. That plan could possibly be a significant impact on the eagle nest. Even the plan that I have agreed upon, just because I am working under the situation where I'm allowing the land owner to use their property. And, within the SEPA Review I don't know how the County would deal with that. You know, that they may have to consider it a determination of significance [interrupted]. Mike Aiax: We have just that one now. Anita McMillan: And then, would have to [interrupted]. Mike Aiax: The one with Pope [pope and Talbot] for the osprey nest that's going through SEPA Review on their new plat. Betty Rodrick: The main, you want to wait, I'm just work[ing] with the County in tandem on the SEPA Review instead of doing your plan before this SEPA Review commences, you know. Um, just, about, you know, because if we're just working with our agency alone, um, if we disallowed [interrupted]. Anita McMillan: Right, absolutely. Betty Rodrick: Yeah. If we disallowed a reasonable use of the property, we'd be faced with a taking challenge, and we don't have any money to compensate land owners, and therefore, you know, we have to design a plan so they do have some reasonable use. And as Anita said: It may not be the best building site. It may mean that they, you know, they can't log all of the timber on the property, but the majority of it. And just leaving a, you know, a portion for the eagle. So they still have a reasonable use, even though they can't harvest all of the timber on it. So that, that's, that's kind of the perimeters we're working within, but I, again, when you bring SEP A into play it's a little bit different, so [pause]. Anita McMillan: And this situation where you have a lot that a hun', you know, sixty feet wide and two hundred feet deep or something, um, it's pretty difficult to allow them to build on it without impacting the nest tree [pause]. page: 3S Eagle Habitat Meeting: October 26, 1990 Betty Rodrick: Right. Anita McMillan: If it's on that same property. So what I'm saying is sometimes the plan is gonna be, even though that's what we've, we've agreed upon, doesn't necessarily protect the bald eagle ground. Vice-Chairman Doul!las: If, if you have a situation like that where you, where you're ah, you go out and investigate the location of the nest on a parcel of land that turns out that 'cause of the size of the parcels, are you automatically then compelled to negotiate with the other parcels around it in which the impact is made? Anita McMillan: owners anyway. I'm gonna be negotiating with the adjacent land Vice-Chairman Doul!las: Yeah. Anita McMillan: Just because in general one land owner, at least in most of the situations that I'm working with, isn't adequate to protect the nest territory. So I'm working already with adjacent land owners. Vice-Chairman Doul!las: Okay, I, I, I. I read this discussion that, that, that at this point in time on this particular parcel of land, the Board of Equalization has no reason to consider an adjustment in valuation because of the eagle nest being on the parcel, until we receive, or he has negotiated a plan, and applies for a permit, and, and his permit has been financially affect, affected by the plan; the Board of Equalization wouldn't be interested. Is that right? Jack Westerman: Yeah, ah, it's, it's not so much its effect on his, you know, it's not so much Mr. Douglas, that the effect on the building permit, but without the plan, we don't even know that there's any impact, impact, um. He may still be able to build, therefore no effect on the permit. Vice-Chairman Doul!las: Um huh. Jack Westerman: But, he may not be able to build where the view. page: 36 Eagle Habitat Meeting: October 26, 1990 Vice-Chairman Dou21as: Yeah. Jack Westerman: Management Plan. So we really don't know until the plan, the Vice-Chairman Dou21as: Yeah. Jack Westerman: Has been executed with the signature page, ah, attached. Um, and at that point in time, then there, then the Board has, and the Assessor's Office, I might add, then has at least some methodology to detennine the impact or whether or not there is any impact on the fair market value. Vice-Chairman Dou21as: As I, and as I see it ah, what would happen would, if, if, if we received a notice of appeal on a parcel of land, that would raise the red flag with you people to notify us that there is such a Management Plan and, and we start accumulating the infonnation on it from the Building Department as a part of our portfolio on that appeal. Member Archie Barber: Well, do we, do we investigate and accumulate evidence or do we put the burden on the Assessor's appellant? Vice-Chairman Administrative responsible for appeal. Dou21as: Okay, under the new Washington Codes, that were published in July, our Clerk is the accumulation of any infonnation pertinent to the Member Archie Barber: That must be why she could organize it and analyze it and [pause]. Vice-Chairman Dal21eish: No, no, no. All she has to do is to accumulate it. Make sure that the record of the, of the agreement, and, and, and, and any infonnation that the Assessor has, as to the impact of this agreement on the valuation of the land, has to be accumulated by our Clerk in the preparation for the hearing and review of the appeal. Right? Member Archie Barber: Yes. Just, just an evidence log. page: 37 Eagle Habitat Meeting: October 26, 1990 Vice-Chairman Dou2las: Evidence log, right. Member Archie Barber: And so [interrupted]. Jack Westerman: So she would keep track of what the appellant and respondent [interrupted]. Vice-Chairman Dou2las: Right. Jack Westerman: Bring forth as far as evidence. Vice-Chairman Dou2las: She, she has to accumulate like she has in this case, a, a, a correspondence between the Game Department and the land owner and, and the Assessor, and in fact, she, as I understand it, is responsible with, for being assured that the Assessor has the same infor- mation as we have as well as the appellant. Clerk D. Kee2an: That's true. Vice-Chairman Dou2las: She's, she's supposed to coordinate the information so all of us are dealing on the same thing. Member Archie Barber: But, if we had a, another eagle case come up, or had this one come up again, ah. The appellant finds out he's in trouble and he goes out and starts making his case, not us. Jack Westerman: Right. Oh, yeah. Oh yeah. Vice-Chairman Dou2las: He starts making his [indiscernible - talk over] measures permanent. Jell' Chapman: [Indiscernible - talk over] Of Equalization, and here you've got, basically you have this, this used to be one parcel of property, he just, just segregated it, six parcels. And, all six parcels were sold off in a few months, and you just have Carson Kaan as one of those owners and you have two eagle nests on the six parcels. Vice-Chairman Dou2las: Sure. Page: 38 Eagle Habitat Meeting: October 26, 1990 Jeff Chapman: So the question is, do you make every one of those people come to the Board and [interrupted]. Vice-Chairman Dou2las: Is the impact [interrupted]. Jeff Chapman: And provide 'em management, or just will Kaan's carry through on equalization to aU six, or [interrupted]. Vice-Chairman Dou2las: That's what I was getting to is, would, would the Management Plan that she locates, on, on one building person, if that, the scope of that Management Plan extends over other parcels [pause]. Anita McMillan: Okay. Vice-Chairman Dou2las: What's the linkage that gets that information to the Assessor [interrupted]. Anita McMillan: Okay, let me explain to you how I do it; how I work with the land owners. Let's say, for example, what, you know, how many different land owners do we have here? We have Kaan, and I don't know who's next door, in fact I'm gonna go find out [interrupted]. Jack Westerman: Okay. Anita McMillan: From you guys today. Jack Westerman: Okay. Anita McMillan: Um, but, let's say Kaan comes to me and says: Okay, let's work out a Management Plan, I want to build a house next year on, on this property. So, I go out on this property with him, and we develop a', agreeable Management Plan. But in that plan, what I'll do is I'll identify the area that's protected and the area that's conditioned. Those two zones. The protected is the unaltered and the conditioned is the restricted timing zone. And I will even, in the plan, include what I would propose for adjacent land owners, for additional protected area and also the conditioned area, on the adjacent land owners. But, until I get them to work out a Management Plan, agreed upon Management page: 39 Eagle Habitat Meeting: October 26, 1990 Anita McMillan - Continued: Plan, I don't know if my proposed protected and conditioned zone will be what gets established on those properties. Vice-Chairman Doul!las: Urn huh. Urn huh. Okay. So if the, you're in essence forced then to negotiate with the adjacent property owners [interrupted] . Anita McMillan: Later. Vice-Chairman Doul!las: On that plan, ah, before it's f'malized. Jack Westerman: And all other, all [interrupted]. Anita McMillan: No. No. Jack Westerman: Other property owners that she believes may have, you know, an impact on the eagle ah, rookery area. Anita McMillan: Okay, what the situation is, I've got to, according to these Bald Eagle Protection Rules, work out a Management Plan within thirty days. If the land owner pushes it, I've got to do that. Well that doesn't give me time to go to the adjacent land owners and work out some sort of negotiation with, let's say, six different land owners. So in the plan that I develop, that I want Kaan to sign off on, I really am only indicating that there will be a protective and conditioned area that's accepted within that property. Chairman DaI~leish: Yes. Anita McMillan: But, I will put down a proposed protective and conditioned zone on the adjacent land owners that will be negotiated with contacts with them, in a future day. Vice-Chairman Dall!leish: So, the cycle for us, is, is, is I understand it, we would not get into any equalization on adjacent property until she has a signed agreement with those property owners. Okay? Anita McMillan: Exactly. Right. Page: 40 Eagle Habitat Meeting: October 26, 1990 Member Archie Barber: If they did, they're not equally. Jack Westerman: Beg your pardon? Member Archie Barber: They're not equal until the rest of them get into the same process. Jack Westerman: Process, right. Vice-Chairman DoueIas: And predicament, yeah. Jack Westerman: Okay. Vice-Chairman DoueIas: I, I assume that your people understand that this is the function that this is the function that we have to perform, is to consider the scope of this thing as it affects other properties. Anita McMillan: Uh huh. Right, right. Betty Rodrick: There, there was a case in Kitsap County, similar to this, where the nest was on one or two parcels, and those parcels were significantly conditioned and they did receive a, a property tax reduction, but the, the adjacent parcel, it didn't impact them at all, so they did not receive it. So it, it really depends on how those lines are drawn. Vice-Chairman DoueIas: Urn huh. That's right. Jeff Chapman: And it's up to the property owner in this case, to provide us, to provide the evidence the [pause]. Vice-Chairman DoueIas: That they had this condition forced on them. Jeff Chapman: Management Plan. Yeah. Vice-Chairman DoueIas: And, and, and that, that evidence should show that they, it is a signed agreement. Betty Rodrick: Right. page: 41 Eagle Habitat Meeting: October 26, 1990 Vice-Chairman Dou2las: With the Game Department or the appropriate agencies. Betty Rodrick: Now, I, I just want to throw out a scenario here, let's, you know, let's say that through our Management Plan, um, we only conditioned two of the property owners here in the protected zone; but ideally it's nice to have a large, a greater bumper than that, okay. So this adjacent land owner comes in and says: Well, I, you know, I'm not restricted in the Management Plan, but I want to put, um, three quarters of my property in Open Space to help butTer. Jack Westerman: They'd put the whole parcel in. Betty Rodrick: They would put the whole parcel in? Jack Westerman: Less the one acre home site. Betty Rodrick: Right. Jack Westerman: So, you, you'd do it, but the entire parcel qualifies for the Public Benefit. Betty Rodrick: Um huh. So what we would like to see is [interrupted]. Jack Westerman: [Indiscernible] You know the Public Benefit Rating System [indiscernible]. Betty Rodrick: Yeah, we'd like to see adjoining land owners, you know, help enlarge the buffer area for that eagle by, you know, either participating in the Open Space program or signing onto the Manage- ment Agreement, you know. If they were willing to sign onto the Management Agreement too, um, then I would think that they, you know, if they voluntarily, ah, reduce the use of their property, then they should be able to qualify for Open Space. Jack Westerman: The more that we can get, the more that we can have that addressed, through the Open Space Public Benefit Rating System, the better. Page: 42 Eagle Habitat Meeting: October 26, 1990 Betty Rodrick: Right. The better. Jack Westerman: Versus, having the Board determine what's the, what the reduction or the percentage that you give it. Do you give it twenty two percent otT or do you give it? Betty Rodrick: Right. Jack Westerman: Who, who knows? I mean, this is gonna be a [interrupted] . Jeff Chapman: Come on, this is getting to be compounded Jack, because we, the fair market value would be one thing, and that would reflect the eagle habitat, and then you reduce it further taking Open Space. So they actually can get in a [interrupted]. Betty Rodrick: So it would actually be added on. Jack Westerman: Yeah, it would, it would work better if, especially on these surrounding ones, that even if we said that there's no way we can determine what the reduction in fair market value is just because it's a butTered area, there's still some public benefit, you know, through the Public Benefit Rating System. Let's handle it through there. Let's handle it as much as we can through there, even on the piece that has; so what's the ditTerence if it's got a hundred and thirty degree view or a hundred and fifty degree view? What's the ditTerence in fair market value? God, I don't know. Is anybody here good enough? You can do that? Jeff Chapman: People, people from the Department. Jack Westerman: But, what I could say is that, the Board could say that, we just don't know. But boy, there's some, you know, why don't you try Open Space? Through the Public Benefit Rating System and get, you might qualify for sixty percent otT the entire, you know, parcel. Betty Rodrick: But they would have been eligible for that anyway. Jack Westerman: They always are. Page: 43 Eagle Habitat Meeting: <>ember 26, 1990 Betty Rodrick: Yeah. Jack Westerman: But, what this, what, what. I tell you, when you got something signed, a Management Plan signed from the Department of Wildlife on eagle nest thing of some kind, when you, when that grading takes place within the Planning Department and tbe Planning Commission, it's gonna have some more, it's gonna have a lot more punch to it. Betty Rodrick: Yeah. Member Archie Barber: somebody because they restrictions, but it's what the appraisal is all about. We don't, we don't have to compensate have an eagle nest with some resulting that eagle nest does to the market value that Betty Rodrick: Okay. Jack Westerman: Okay, and, and Jeff's right. You know, it would be nice if we could run all of this stuff through Open Space, for the Public Benefit Rating System. That way you could take care of a number of different scenarios and we wouldn't have to be guessin'. It's an assigned point system, you get so much, you know, two points for [indiscernible] or whatever the case may be. It's nice and clean. When either we or you try to come up with what the effect of the market value is gonna be based on this certain condi[tion], you know, situation. Site specific situation. Well, you know, I could argue just as well that, yeah, you didn't get to build where you want to but look, you get to enjoy this eagle nest. And I know lots of people that would pay a lot of money to be able to watch this eagle nest. And he goes: Well, you know I didn't get to build, you know, I don't have the view that I had. You could, I can argue both sides of this [indiscernible]. But in turning, you have the subject hearing tomorrow, right? Vice-Chairman Dou21as: Oh sure. Jack Westerman: Open ended. Ah, so, it's, you know, Jeff's right. It's better if we can direct this effort through the Public Benefit Rating System and Open Space and really [pause]. page: 44 Eagle Habitat Meeting: October 26, 1990 Vice-Chairman Dou21as: How, how do we get that? Jack Westerman: That's where you get equi', there's a little more chance of equity in how this process goes. Vice-Chairman Dou21as: How do we get that into the rating system? Jack Westerman: Oh, well, we're adopting a Public Benefit Rating System, so [pause]. Vice-Chairman Dou21as: It's under, in the works now. Jack Westerman: Yeah, it won't, and the Planning Department is the one doing it, so they know what it might; there's identified habitat, and wildlife, and eagle nests, and yeah, there's all, all kinds of things [pause]. Vice-Chairman Dou21as: That are being considered. Jack Westerman: Yes. Environmentally. You'd want to protect the environmentally sensitive areas. That's the idea. Betty Rodrick: There's no minimum [interrupted]. Jack Westerman: It's to the public's benefit to do that. Betty Rodrick: There's no minimum acreage size? Jack Westerman: Absolutely not for Open Space Open Space. There is for other Open Space problems. Timber and ag' [agriculture]. Anita McMillan: Right. Betty Rodrick: But not for the Open Space / Open Space. That's good to hear. Some counties do have a, a acreage restriction in, in, so that, you know, less than five acres wouldn't qualify, but. Jack Westerman: Any, any County that's been doing that under Open Space / Open Space, that's telling you that there's an acreage restriction under the Open Space Act [pause]. page: 45 Eagle Habitat Meeting: October 26, 1990 Betty Rodrick: Hum. Vh huh. Jack Westerman: Within the RCWs, eighty four thirty? Vice-Chairman Dou2las: Seven. Jack Westerman: Yeah. Ah. Jeff Chapman: Would the State; but a County could pass 'em? Jack Westerman: whatever they do, superceded. But only, they could only pass them, none of, if the State Law says something else, they're Betty Rodrick: They, they can't make it more restrictive? Jack Westerman: Okay. No. No. So, you know, I'm not going to tell you that my fellow Assessors are doing you wrong because I know they aren't. But, ah, you might just want to [pause]. Betty Rodrick: I'm, yeah, I may not have got it from the horse's mouth either, so. Anita McMillan: Well, I [interrupted]. Jack Westerman: There is, there is for other Open Space Ag' and Timber. Betty Rodrick: Yeab. Anita McMillan: I, kind of, you know, before we part, I would like to know what the process would be. Right now, we would start ofT with getting the land owner to apply for Open Space / Open Space and we would see how much of a tax break they're gonna get with that. And they, they thought that that still didn't compensate them for the loss of market value of the property: What would be the process for them after that? page: 46 Eagle Habitat Meeting: October 26, 1990 Jeff Chapman: The problem with Open Space too is you gotta remember, its, its, ah, they can be hit for those back taxes if they ever come out of the program. It's a little different than getting a reduction of assessment. Because you get a reduction of assessment, then that carries on, you never can be held liable for any of it. But in the Open Space Program, if they ever come out of the program, they have to pay seven years back taxes. Anita McMillan: Um hum. Jack Westerman: But, but that would be a choice, right? I can't think of any other way. How can we pull the Open Space / Open Space for this thing when they say that even ten years, the nests, they don't, just waive it. Jeff Chapman: What if in ten years the nest is gone? What if the nest is gone and that's the reason they're allowed in? Jack Westerman: Yes, yeah, that's possible. But it's nothing that was done. Jeff Chapman: Therefore, for them, even if you're in the Open Space Program, it's going to be important what the fair market value is. And we have one appeal of the fair market value and they are going into the Program because of that liability. That, if they ever get pulled it's the difference between the fair market value and what they were paying, if they're gonna have to pay on it. So the fair market value is still important here, even in the Open Space Program. What's it worth, with those restrictions? It would be compounded. Vice-Chairman Doudas: We have an agriculture right now where the, the deciding factor in that appeal was that they did or did not apply for Open Space Agriculture and when we pointed out that they might ultimately pay a penalty for, for the years that they had it in Open Space if they ever decided to take it off, that changed their whole attitude on going into Open Space. So, there's some liabilities involved in looking at it. I don't think that the, personally I, I wouldn't think that the, their Department would want to overtly emphasize the ability to Page: 47 Eagle Habitat Meeting: October 26, 1990 Vice-Chairman Doul!las - Continued: acquire Open Space qualification. Now I understand fully that there is a, a [interrupted]. Jack Westerman: To say it's available, that's a certainly, that's certainly an option. Jeff Chapman: It would be an additional reduction, but the fair market value was still, it's not in lieu of fair, the fair market value question, it would be in addition to. I mean, even at best, if it's just a slight, slight restriction, like Jack said: You can fmd a buyer who probably pay almost the same value. So we, it may reduce their value by ten percent or something. But it could go into the Open Space Program if we reduced their value by ninety percent. Jack Westerman: Possibly. Jeff Chapman: Up to. And so that would be a significant reduction, but again the liability with the Open Space, is they may have to eventually pay compensating tax. Jack Westerman: As long as they live up to the contract, the obligations of the contract that they sign under Open Space / Open Space, as long as they lived up to those obligations, you've got no prerogative to ah, pull them out. From my standpoint, if the nest, and no, nothing from themselves. If the eagle stopped using it, I'd say that, I don't know the way the law's written, but I'd say you would have a really hard time, in a court of law, forcing them to pay compensating tax because they lived up to their end of the contract. Betty Rodrick: Yeah. Anita McMillan: Um huh. Jack Westerman: Ah, you would, you would, you would be very difficult and I wouldn't pursue it. You know, I just simply wouldn't, I might pull them from the program, 'cause it's no longer, you know, ah [pause]. Anita McMillan: I see what you're saying. Page: 48 Eagle Habitat Meeting: <ktober 26, 1990 Jack Westerman: But I wouldn't make 'em pay compensating tax. Anita McMillan: I agree. Jeff Chapman: The law didn't really give us that freedom. Jack Westerman: I, ah, what the law says is that this, this [interrupted]. Vice-Chairman Doul!las: Yeah. Was this, was this agreement, the Management Agreement, that they signed legally with the Game Department be, could it be considered a part of the contract for Open Space? Jack Westerman: Absolutely. Or at least, it would be, it would be part of the consideration. Vice-Chairman Doul!las: The consideration. Yes. Yeah. Jack Westerman: Because one of the conditions under Open Space / Open Space is in the conditions of the recorded contract, is that, you continue to live up to the Management Plan established with the Department of Game over the eagle habitat. Vice-Chairman Doul!las: Well, this, this answers your question that, would this agreement be recorded? Anita McMillan: Urn huh. Vice-Chairman Doul!las: It will be recorded as a part of the contract. Jack Westerman: Under Open Space / Open Space it could be attached [interrupted] . Vice-Chairman Doul!las: [indiscernible] . But it isn't necessarily under, under Anita McMillan: Right. Chairman Dall!leish: Jack? Page: 49 Eagle Habitat Meeting: October 26, 1990 Jack Westerman: Sir? Chairman Dal2leish: In that, that Open, ah Open Space then, doesn't then that allow the public free access to the [interrupted]. Jack Westerman: Absolutely not. Under Open Space Timber you would preclude public access, in most cases. You don't want people walkin' on the trees if you just planted it. Under Open Space / Open Space the only public benefit for some properties may be allowing the public on it. In this case, under Open Space / Open Space, the public benefit is not allowing the public on it. At least within the hundred foot radius [interrupted] . Anita McMillan: Or five hundred foot [indiscernible]. Jeff Chapman: But it would be possible to qualify without those initial points. Jack Westerman: Yes, that's a public benefit. Chairman Dal2leish: But they might be a little reluctant to have people wanta come and sit on the hillside there on their place all the time with a pair of binoculars from the local grade school, or something. Jack Westerman: Well, well, now you could, you know, you could do a site thing for a specific period of time with schools and, you know, the science class or somethin' and say: There's this one area that you, that is a good area for viewing, observing, you know, five, you know, three hundred feet away that, I mean, you know, I don't know. You guys are better at this than I am. Jeff Chapman: But, the, the, degrees here too. I mean, if you, maybe one here, one owner will allow public access to view and they'd get seventy percent off and another one won't, and they'll get thirty percent off and they'll probably think it over, you know. Jack Westerman: But you know, in the big limit will be for edu', you know, if you did if for educational purposes with a, a local, you know, school or some thin " ah, sure. Page: 50 Eagle Habitat Meeting: October 26, 1990 Jeff Chapman: Ah, are, are you also working with the Planning Department as far as their subdivision rules? I mean, what if, what if a developer proposes something where the fire access goes right through the eagle habitat? I mean, it's the way to avoid the [interrupted]. Anita McMillan: You see, up 'til now I've only been alerted when somebody's been apply, applied for a permit. You know, and so, up 'til now, with subdivisions, I wasn't even told what was going on. Um, and I don't know what the process is gonna be from here on. We're going to meet with Jerry Smith this afternoon, and these will be some of the things [interrupted]. Vice-Chairman Dou2las: Take a look at twenty nine, twenty nine [SHB 2929]. Anita McMillan: Because that is really important. Vice-Chairman Dou2las: I think, I think there's a section in there that deals with this inter-relationship. Anita McMillan: Because, what happens when you have a subdivision in a property, let's say like, you know, three years ago this is all one property and now it's subdivided. I wasn't told about it, the subdivision got approved um, and now I don't have much to work with. The, the boundaries of the property are already set and I, just with Bald Eagle Protection Rules, basically have to work with each individual land owner to try to allow them to build on their properties. Jack Westerman: You know what could of happened here is under the new rules, Mike, under the new rules here, what you could have done is you could have taken this area or let's, let's assume these are the two eagle nests. You could have taken this area, cut it out as Open Space, you know, with restrictions on it, you know, no access. Let's say that this is ten acres of this, of this a, thirty acre parcel, then for the other twenty acres, you could have allowed six parcels of three acres in size. Do you see? Anita McMillan: This is what we're, we're encouraging is more clumping and [interrupted]. Page: 51 Eagle Habitat Meeting: October 26, 1990 Mike Ai ax: This is what you need to talk to Jerry [Smith, Planning Department] about, yeah. Betty Rodrick: Right, and [interrupted]. Jack Westerman: This is the perfect one. This is the perfect one. Mike Aiax: If Jerry had been here last year, we'd have done this differently and had this, you know [interrupted]. Jack Westerman: What's that, what's that exemption called? Mike Aiax: Ah, where you have [pause]. Jeff Chapman: Clustered housing? Mike Aiax: Yeah, it's not clustered housing, it's densi', density. Jeff Chapman: Housing density plan, five acre, oh it was a five acre density. Jack Westerman: Right, right. But there's the ah, there's a density, oh God [pause]. Anita McMillan: I know what you're talking about. Jack Westerman: You get an exemption from the density deal if you set up Open Space and then you have the same. You still only have six parcels for thirty acres. They're just smaller parcels, you know. Anita McMillan: With the shared Open Space. Jack Westerman: With the shared Open Space, perfect. Mike Aiax: Well you might go over it with Jerry when you meet with him this afternoon. Anita McMillan: Right. Page: 52 Eagle Habitat Meeting: October 26, 1990 Vice-Chairman Doul!las: That, that might be very interesting for your department to, to understand what each county, that you get an opportunity to check with [interrupted - indiscernible]. Jack Westerman: So Jerry needs to check. Jeff Chapman: Jerry's, Jerry's areas are [indiscernible]. Vice-Chairman Doul!las: That your concerns are for Open, ah [pause]. Anita McMillan: Subdivision. Vice-Chairman Doul!las: Subdivision, that you are alarmed that there is a subdivision provision coming up. Anita McMillan: Proposed. * * * END OF VERBATIM TRANSCRIPTION * * * A simple way of having a "red flag" come up during title searches that would indicate the need for further research with the Planning Department, was discussed. Betty Rodrick stated that she would check with the Attorney General's Office to be sure that legal implications aren't created by any of the anticipated actions regarding title search information. Anita McMillan explained that nest sites must remain relatively undisturbed and that other species are becoming threatened because the habitat base is shrinking due to development. Although there are building restrictions, some flexibility is allowed such as building the frame of a structure during a non restricted time, and then developing the interior during the restricted time. Betty Rodrick explained that some counties are considering amending regulations that would enable adjoining landowners to have mutual covenants qualifying them for Open Space Forestry Classification, allowing for the maintenance of open space within suburban Open Growth areas. She also clarified that if there are substantial restrictions on the use of a property, then the owner can request a hearing from the Board of Equalization and then go to the County Assessor for a further reduction through Open Space. page: 53 Board of Equalization Eagle Habitat Meeting October 26, 1990 APPROVED BY: DATE APPROVED: '=1-.e..lJ. i1f.o.J 193/ ~/ ~-j~ A. .DALGLE H HAIRMAN ATIESTED y. Cf)~j) DAVID G. D E-CHAIRMAN ~" ~ A-.L...... ~. ARCHIE L. BARBER, JR., MEMBER Page: 54 .. - EXHIBIT I WAC 232-12-292 BALD EAGLE PROTECTION RULES PURPOSE 1.1 The purpose of these rules is to protect the habitat and thereby increase and maintain the popula- tion of the Bald Ea91e so that the species no longer is classified as threatened or endangered in Washington State. The "delisting" of the Bald Ea91e for Washington State is a realistic goal which can best be accomplished by promoting cooperative efforts to manage for site-specific eagle habitat needs through a process which is sensitive to the site-specific landowner goals as well. The following rules are designed to promote such cooperative management. AUTHOR !TY 2.1 These rules are promulgated pursuant to RCW 77.12.655. DEFINITIONS 3.1 "Communal Roost Site" means all of the physical features surrounding trees used for night roosting that are important to the suitability of the roost for eagle use. These features include flight corridors, sources of disturbance, trees in which eagles spend the night, trees used for perching during arrival or departure and other trees or physical features, such as hills, ridges, or cliffs that provide wind protection. 3.2 "Cultural Activities" means activities conducted to foster the growth of agricultural plants and animals. 3.3 "Delist" means to remove a species from the state special species list by action of the Game Commission or from the federal endangered species list by action of the Secretary of the Interior. 3.4 "Department" means Department of Game. 3.5 "Endangered" means a species which is seriously threatened with extirpation throughout all or a significant portion of its range within Washington. 3.6 "Government Entities" means all agencies of federal, state, and local governments. 3.7 "Landowner" means any individual, private, partnership, nonprofit, municipal, corporate, city, county, or state agency or entity which exercises control over a bald eagle habitat whether such control is based on legal or equitable title, or which manages or holds in trust land in Washington State. 3.8 "Nest Tree" means any tree that contains a bald eagle nest or has contained a nest. 3.9 "Nest Site" means all of the physical features surrounding bald eagle nests that are important to normal breeding behavior. These features include alternate and potential nest trees, perch trees, vegetative screening, foraging area, frequently used flight paths, and sources of disturbance. 3.10 "Perch Tree" means a tree that is cons istently used by eagles. It is often close to a nest or feeding site and is used for resting, hunting, consumption of prey, mating display and as a sentry post to defend the nest. 3.11 "Predacides" means chemicals used to kill or control problem wildlife. 3.12 "Region" means an ecological/geographic area that forms a unit with respect to eagles, e.g., Hood Canal, lower Columbia River, outer coast, and south Puget Sound. 3.13 "Site Management Plan" means a legal agreement between the Department and the landowner for management of a bald eagle nest or roost site. 3.14 "Threatened" means a species that could become endangered within Washington without active management or removal of threats. APPLICABILITY AND OPERATION 4.1 The Department of Game shall make available to other governmental entities, interest groups, landowners, and individuals information regarding the location and use pattern of eagle nests and communal roostS. 4.2 The Department of Game shall itself and through cooperative efforts (such as memoranda of understandings) work with other government agencies and organizations to improve the data base for nest and roost site activity and productivity. The Department regularly shall confer with other governmental entities to improve the preliminary nest site management information and its accessibility and usability. 4.3 The Department's goal shall be to identify, catalog and prioritize eagle nesting or roost sites. The Department shall facilitate landowner notification that nesting or roost sites exist on their property and work with landowners to develop a nesting or roost site description. 4.4 When a proposed land-use activity involves land containing or adjacent to an eagle nest or communal roost, the permitting agency shall immediately notify the Department of Game of the permit application. 4.5 When the Department determines that a proposed activity would adversely impact eagle habitat, a Department representative shall meet on-site with the landowner and, where applicable, a representative of the permitting agency to discuss management options for the protection of eagle habitat'. The purpose of these discussions shall be to reach agreement on a Site Management Plan for Bald Eagle Habitat Protection. 4.6 It is recognized that normal on-going agricultural activities of land preparation, cultivating, planting, harvesting, other cultural activities, grazing, and animal-rearing activities in existing facilities do not have significant adverse consequences for eagles and therefore do not require a Site Management Plan. New building construction, conversion of lands from agriculture to other uses, application of predacides and aerial pesticide spraying, may, following a conference with the Department of Game, be subject to the Site Management Planning process described in these rules. 4.7 Emergency situations, such as insect infestation of crops, requires immediate action on the Site Management Plan or special permission to address the impending crisis by the Department of Game. SITE MANAGEMENT PLAN FOR BALD EAGLE HABITAT PROTECTION 5.1 The purpose of the Site Management Plan is to provide for the protection of specific Bald Eagle habitat in such a way as to recognize the special characteristics of the site and the landowner's property rights, goals, and pertinent options. To this end, every landowner shall have fair access to the process including available incentives and benefits. Any relevant factor shall be considered, including, but not limited to, the following: 5.1.1 The status of the eagle population in the region. 5.1.2 The useful life of the nest or roost trees and condition of the surrounding forest; the topographY; accessibility and visibility; and existing and alternative flight paths, perch trees, snags and potential alternative nest and roost trees. 5.1.3 Eagle behavior and historical use patterns, available food sources, and vulnerability to disturbance. 5.1.4 The surrounding land-use conditions, including degree of development and human use. 5.1.5 Land ownership, landowner ability to manage, and flexibility of available landowner options. 5.1.6 Appropriate and acceptable incentive mechanisms such as conservation easements, transfer or purchase of development rights, leases, mutual covenants, or land trade or purchase. 5.1.7 Published recommendations for eagle habitat protection of other government entities such as the U.S. Fish and Wildlife Service. 5.2 The Site Management Plan shall provide for 5.2.1 tailoring the timing, duration or physical extent of activities to minimize disturbance to the existing eagle habitat and, where appropriate, identifying and taking steps to encourage and creat~ alternative eagle habitat; and 5.2.2 establishing a periodic review of the Plan to monitor whether: a) the Plan requires amendment in response to changing eagle and landowner circumstances b) the terms of the Plan comply with applicable laws and regulations c) the parties to the Plan are complying with its terms. 5.3 The Site Management Plan may also provide for implementing landowner incentive and compensation mechanisms through which the existing eagle habitat can be maintained or enhanced. GUIDELINES FOR ACQUISITION OF BALD EAGLE HABITAT 6.1 Real property interests may be acquired and agreements entered into which could enhance protection of bald eagle habitat. These include fee simple acquisition, land trades, conservation easements, transfer or purchase of development rights, leases, and mutual covenants. Acquisition shall be dependent upon having a willing seller and a willing buyer. Whatever interest or method of protection is preferable will depend on the particular use and ownership characteristics of a site. In discussing conservation objectives with private or public landowners, the Department shall explore with the landowner the variety of protection methods which may be appropriate and available. 6.2 The following criteria and priorities shall be considered by the Department when it is contemplating acquiring an interest in a Bald Eagle habitat. 6.2.1 Site considerations: a) Relative ecological quality, as compared to similar habitats b) Ecological viability--the ability of the habitat and eagle use to persist over time c) Defensibility--the existence of site conditions adequate to protect the eagle habitat from unnatural encroachments d) Manageability--the ability to manage the site to maintain suitable eagle habitat e) Proximity to food source f) Proximity to other protected eagle habitat g) Proximity to Department land or other public land h) Eagle population density and history of eagle use in the area i) The natural diversity of native species, plant communities, aquatic types, and geologic features on the site. 6.2.2 Other considerations a) Ownership b) Degree of threat c) Availability of funding d) Existence of willing donor or seller and prior agency interest e) Cost In general, priority shall be given to the most threatened high quality eagle habitats with associated natural values which require the least management. RESOLUTION OF SITE MANAGEMENT PLAN DISPUTES 7.1 The Department, the landowner and the permitting agency shall work to develop a mutually agreeable Site Management Plan within 30 days of the original notice to the Department of Game. This plan shall become a part of the application for a permit. 7.2 Should agreement not be reached, the landowner may refer the Site Management Plan to the Bald Eagle Oversight Committee (Paragraph 8). The Committee shall have 30 days from the date contacted to bring about agreement among the Department, the landowner, and the permitting agency. The Committee may use conciliation, mediation, and fact-finding, or any other method they deem appropriate to bring about a mutually acceptable resolution of the issues. 7.3 If the landowner chooses not to use the services of the Bald Eagle Oversight Committee or if resolution is not reached, the Department of Game shall within 15 days provide a Site Management Plan to the landowner and permitting agency. 7.4 The landowner may initiate a formal appeal of the Department of Game's decision. Formal appeal procedures appear in WAC 232-12-197. BALD EAGLE OVERSIGHT COMMITTEE 8.1 The Director of the Department of Game shall appoint a five-member Bald Eagle Oversight Committee with two members representing landowner interests, two members representing wildlife interests and one non-voting member from the Department of Game. Members are appointed for three year terms, with the initial terms for one, two or three years so that committee appointments will be staggered over time. The Committee shall meet at least quarterly, and as needed, to accomplish the following: 8.1.1 Monitor the progress of cooperative Bald Eagle management processes under these regulations and make recommendations to the Department and other interested parties to improve the effectiveness of these processes. 8.1.2 Undertake resolution of Site Management Plan disputes under paragraph 7.2 above. 8.1.3 Coordinate joint efforts on Washington Bald Eagle protection. c 8.2 The members of the Committee shall not receive compensation but shall be reimbursed under RCW 43.03.050 and 43.03.060 for travel expenses incurred while attending official meetings of the Committee. AUTOMATIC REVIEW PROCESSES 9.1 The Bald Eagle Oversight Committee will report to the Department of Game annually regarding its activities under paragraph 8.1. The Department of Game will conduct an initial review of the Bald Eagle regulatory process after 3 years which will include a public hearing, and then every five years thereafter. PENALTIES 10.1 Failure to comply with the processes set forth in these rules or with the provisions of a Site Management Plan constitutes a misdemeanor as set forth in RCW 77.21.010. EFFECTIVE 11/3/86 I Since 1782, the bald eagle has been Ameri- ca's national symbol. For a hundred years of that time, the birds also held the classifica- tion of vermin on the eradication lists of every slate! During that period, there was no place of refuge for bald eagle populations-they were killed throughout the United States and in every Canadian province. It was not until passage of the Bald Eagle Protection Act in 1940 (now the Eagle Protection Act) that legal protection for the eagle began. Bald eagle popula- tions have now dwin- dled to threateningly low numbers. From the hundreds of thousands that soared through the skies in the days of our forefathers, fewer than 5,000 now nest in the lower 48 states. \\-'here they once were plentiful, they now hold the status of "endan- gered" in 43 of these states, and "threatened" in the remaining five (including Washington). Today, the biggest single threat to bald eagles is loss of habi- tat. The eagle's feeding requirements place them in lowlands and shoreline areas which likewise are the prefer- red locations for human activities. As the pres- sures of development have increased, bald eagle living space has declined. The connict of interests is leaving the eagle the loser, COVER f-of-jOTO BY ROGER AND DONNA AITKENHEAD 2 STATUS Vv'ashington's marine coastlines and lowland river basins provide rich habi- tat for the bald eagle. Good habitat, and the relative abundance of bald eagles it supports, offers us the oppor- tunity to frequently view this rare ani- mal. With 248 pairs during 1986, Wash- ington's nesting population ranks with Florida, Wisconsin, and Minnesota as the largest in the contiguous states. During winter. migrant eagles arrive from distant localities, such as Canada and Alaska. January counts are often more than triple the breeding season counts. During January, Washington has consistently reported more bald eagles than any of the other 48 contig- uous sta les. There are many reasons to be con- cerned for Washington's eagle popula- tion. Nesting eagles along the lower Columbia River and Hood Canal are not reproducing at anywhere near the normal rate. Wintering eagles may be suffering from increasing recreational uses of the rivers that provide their winter food source. Overfishing some- times can make a river system unsuit- able for eagles for an entire winter season. Night roosts, now numbering 47 in Washington, are often located in valuable timber. The bald eagle's distinctive white head and tail do not appear until the bird is about five years old. Its first four years are spent in brown plumage from head to tail. Juveniles are often confused with golden eagles. NESTING For a nest support, bald eagles in- varia bly choose a tree that towers above all surrounding trees. Douglas fir and Sitka spruce trees within 300 yards of open water are typical nest trees. Along rivers, black cottonwoods frequently are used. The nest will often be well-concealed in the foliage of the top 10 or 20 feet of the tree. Islands and points of land along the saltwater shoreline support the majority of Washington bald cagle nests. Bald eagles that have nested in an area for a number of years will often have more than one nest. They may alternate nests from one season to the next or they may choose to use the same nest repeatedly. Nests that go unused for many years can be reoccu- pied at any time. Bald eagles are extremely sensitive to disturbance during the early part of the nesting cycle. This includes the nest-building period, the period of incu- bation of eggs, and the first five weeks of nestling life. In Washington, most nest-building activity occurs in January and Febru- ary. Egg-laying occurs in March or early April. One to four eggs are laid, usually just one or two. After a 35-day incubation period, eaglets will hatch in mid-April or early May. After 10 to z o ~ ~ IT is :;:' ~ co Q ~ '" z o ~ < z IT C: 5; ~ (5 ~ 12 weeks, the eaglets will take their first clumsy flights. Eaglets usually leave the nest in mid-July, often re- maining in the vicinity for an addi- tional month. This idealized series of events does not fit every situation. Bald eagles, like humans, are highly variable in their behavior and development. A bald eagle's first four years are spent in brown plumage from head to tail. Although white mottling is present at some stages, the distinctive white head and tail do not appear until the fifth year. Their food habits are extremely var- ied. Small prey, such as herring, are taken when abundant. However, larger fish, water birds, and small mammals also are taken as live prey. One nest in the San Juan Islands contained the carcasses of more than 30 gulls! Dur- ing winter, carrion, such as carcasses discarded by trappers, winter-kill deer, and spawned-out salmon also attract eagles. COMMUNAL WINTER ROOSTS Migrant eagles begin to appear on traditional wintering grounds during late October. Peak numbers occur dur- ing January and February. The pri- mary motivations during winter are feeding and conserving energy. Bald eagles congregate near sources of food, generally rivers, lakes and the marine shoreline. When not actively feeding or searching for food, they will appear to "loaf" in favorite perch trees. As dusk approaches, eagles seek out night roosts-perching sites where the birds spend the night. They provide physical protection during the winter as well as serving various social functions. Stands selected for roosting are usually made up of mature trees with strong limbs high above the ground and well- developed canopies. They arc often on slopes that face away from the prevail- ing winds. Perched on limbs close to the trunks of the tall roost trees, bald eagles are shielded from the chill of wind and rain. These lofty perches also provide views of the surroundings and any approaching danger. Bald eagles appear to openly encour- age large gatherings at communal night roosts. Staging areas, stands of trees located between the feeding grounds and the roost, are used to attract at- tention to the roost. Eagles gather in ~. ~ z w ~ ~ w " ~ ~ Components of Bald Eagle Nesting Territory . Roo$t.Trea . , . , , " . . , ~-~.. Water Body . Bald eagles that have nested In an BreB for a number of years often will have more than one nest, which may be used alternately in different nesting years. They nest close to a food source, where there ;s enough screening vegetation for safety. 3 ',,-, ,."" ...", ~f"TN. '~l! "'~l'.""', nnl 1'_'1> , I ,'~r \1.,.. J,,, Jd ,\"~ ""'"~',,''' ,'"-,, SO;, (>-C' I)c, ~H ".;~;.. o I CJ (righl) Bald e disturb 8gles are extr cycle. :~;~ei:curjng the early ~:::~fsenswve to period of in 'bud~S the nest.buildin the ?esting w cu al,on of g per/ad Ih 7}~~~::r=:~:~:~ :~~a~:::~~~~:s:~:::~I;;::' (below) T,h energy. e 0 feed and t ese young ake their first clu eagles will not be r 12 weeks old msy flights until th eady 10 may remain . when they leave th eyare 10 to additional m~nththe vicinity of thee nest. They n or so. nest for an S,,1l;., ~"~'\".' . , ;..>- -"r ~ ~. I ;'::'~,:..,~~~"' ~. ~ P "~,..,,I.,P the staging areas prior to flying into the night roost. To further advertise the roost's location, eagles will soar above it or perch in the tops of roost trees screeching loudly. Scientists be- lieve that roosts are one of the places where bald eagles communicate food locations. Pair formation and bonding also may occur here. Eagles commonly gather in staging areas before flying to the winter night roost. MANAGING BALD EAGLE HABITAT In 1973, the Endangered Species Act provided the legal foundation for efforts to protect declining species. In addition, the U.S. Fish and Wildlife Service-the federal agency charged with managing threatened and endan- gered species-recently released the Pacific States Bald Eagle Recovery Plan, which outlines steps for bald eagle management and habitat protec- tion on federal lands. Eagles utilize the habitat areas lo- cated on state and private lands as well. To assure that these areas will remain available for eagle habitation requires the understanding and the participation of citizens and land- owners. AITKENHEAD Responsibility for saving the bald eagle from extinction rests with each of us. Federal and state laws require that bald eagle nesting and roosting habitats be managed to maintain and increase eagle numbers to the point of 'recov- ery." Recovery is that threshold where eagle populations remain self-sustaining and can be removed from threatened or endangered status. Using these re- covery standards, new state regulations for habitat management have been adopted. Washington landowners are now requested to report any bald eagle activity on their land to the Depart- ment of Game. According to the regu- lations, site-specific habitat management plans will then be designed to meet the needs of both eagles and landowners. I> 6": o <( W I Z ~ '" >- " <( ~ o o " <( ~ i!l o ~ (below) Islands and points of land along the saltwater shoreline support the majority of Washington bald eagle nests. (bottom) Slte~management plans are Individually designed to fit specific characteristics of the site. The plans are flexible and can be re-evaluated and adjusted. Developing A Site-Management Plan When land management activities are proposed near a verified nest site, the landowner, the Department of Game, and the permitting agency meet on the site. Collectively, with mutual regard for the birds and the land- owner's desires, site plans will then be made. The extent, location and timing of any planned activity will be consid- ered with regard to the timing and use of the area by the eagles. Various in- NESTING SITES ..!,;. " \ &.:~-(\ (: \ , t~ o'l ~ !' 't=" : -__J'\~> (",,-!,v'--" \ -,- c:... ~- . -//'\..... . f.r -J V~-~ -t:; Ji'~'~---- ; rj j I .~ -:-:; ~i&~' (.~~_jr/ c__ ~.;o;''Y' -~ ~i~>~~...~~, . r. :: .:. I' ~-J -~ .-- I ---' ~,r--.'-. ~~-~~,_\ f \ --\ .~l-- ~ f -, --<: centives will be considered to help off- set any burden which the landowner may incur. Working cooperatively, all options will be explored to provide the larldowner with satisfactory alternatives for the use of the property. The history of bird use in the area provides the initial guidance for devel- opment of management plans. Where and when do the birds feed, perch, nest or roost? What has been their nesting productivity? How long have we known of the birds using the area? Other questions include: What is the current land use in the vicinity and what has happened since the birds were first known to occur there? Who are the landowners and what are their desires and abilities for the manage- ment of these areas? Where would they like assistance? Bald Eagle Oversight Committee A special committee also has been provided through the new state regula- tions to help, in any way it can. facili- tate an agreement on any particular site-management plan. This committee also serves as a barometer as to how well the management process is work- ing; how good the cooperation is be- tween participants. Formal appeals procedures are available as a last re- sort in disagreements over site manage- ment. 6 Adjustment of Site-Management Plans With time, bald eagle activity, habi- tat conditions, landowner objectives, and property owners themselves may change. Site management plans are designed to be nexible and can be re- evaluated and adjusted as any cbange occurs. WHAT YOU CAN DO We can manage bald eagle babitat by working together. The information you provide. the abilities and incentives for you to manage your land, whether it be for timber, recreation. housing or farming. and especially your interest and cooperation. will be the foundation to continue to have eagles and eagle habitat well into the future. Report Sightings If you locate a bald eagle nest, or observe eagles at any time of year, report the sighting to the Department of Game's Nongame Program, 600 N. Capitol Way, Olympia, WA 98504- 0091. (206) 586-1449. Winter Survey Since 1979. hundreds of volunteers have assisted the Department of Game in counting Washington's wintering bald eagles. This high level of effort improves the estimate of the popula- tion, and helps us learn more about eagles' movements and habits .in winter. Informed observers learn how to census and study the birds without disturbing them. If you'd like to participate in the annual January survey, contact the Nongame Program at the address above. Your Property If you own property and know or suspect that bald eagles nest or winter on it, get started in designing a man- agement plan by contacting the Re- gional Wildlife Biologist at the Department of Game regional office near you. Incentives for Landowners To Protect Eagle Habitat The goal of the bald eagle regulations is to protect and enhance nesting and roosting habitat while respecting property rights of land- owners. Because money for outright acquisition is (and will be) ex- tremely limited. voluntary mechanisms and incentives to conserve eagle habitat are available. One of the greatest incentives for landowners is the site planning process itself. \'iashington's regulations require on-the-ground, site- specific planning rather than arbitrarily setting protective circles around a nest. This nexible site planning more specifically addresses both the biological needs of the eagles and the financial and manage- ment needs of the landowners. Other habitat conservation mechanisms available include conser- vation easements, long-term leases, and mutual covenants. A conservation easement is a recorded deed that restricts certain uses of a piece of land. The easement binds the current and all future owners. The benefits to the landowner are two fold. Because use of land is restricted, property values and property taxes are reduced. In addition, the landowner mav claim a charitable income tax deduction if the easement is donated -to a public agency or private land trust. The amount of the deduction is the difference between the value of the land before and after restrictions are placed on the deed. Leases allow a landowner to retain title to his property while being compensated for restricting the use of that land to protect eagles. Leasing. rather than buying the land, would minimize annual costs to the Department of Game. Leases have the additional benefit of not continuing in perpetuity (as with an easement), but only for the natu- ral lifespan of a particular nesting or roosting site. Mutual covenants are like conservation easements in that they restrict certain uses of the land for the benefit of eagles. They differ from easements in three major respects. They are enforced by the landowner or owners rather than by a conservation agency or organi- zation. They are not as permanent as easements_ And while covenants receive the same treatment as easements when property, estate and gift taxes are calculated, a landowner may not claim the imposition of a covenant restriction as a charitable income tax deduction. These and other compensation mechanisms can assure protection of both eagles and landowners-at a minimum cost to the state and the landowner as well. A detailed listing and analysis of these volun- tary processes is being prepared by Shirley Solomon of the Northwest Renewable Resources Center and Mike Yeager of the Washington Forest Protective Association. For more information, write to Solo- mon at NRRC, 710 Second Avenue. Seattle, WA 98104. Alllhors of this special section were Bob Anderson, Weyerhaeuser Company Biologist; Jane Frost, San Juan Coumy Planning Department; Kelly McAlJis- ter, Washingron Departmem of Game l\'ongame Wildlife Biologist; Doug Pineo, Department of Ecology; and Pam Crocker-Davis, l'ialional Audubon Society. 7 PLEASE PRINT YOUR NAME AND ADDRESS: BOARD OF EQUALIZATION MEETING ON EAGLE HABITAT OCTOBER 26, 1990 MEETING DATE: OCTOBER 26, 1990 "'AND THE AGENCY YOU AR4RESENTING* lme: .$tCHa-e( ~ jdress: Je1I-(Jl$C"" (u...,,,)-,, "PIJI<OI"'~ OFl"'r~":'" / I .mp' ~~0e-1 17rm~~~ /i/osd, ~1/t)/djilQ/ :Idress: !GOO .(llft Iv /(1)/11 '1t o~ Il qs:so j-/dl / lme: TIG-lJeJ: LEt. DOt-''J/<:d jdress :1',0,130'(' '1 ( 8.f1t-......J2c'w T3 0 E ) lme: hll1a MCM,Han' -\N..a.5~W\~+ni1 J'-.D~~t Ct) V~Jild\',~ idress PO f2,n-x \b..Bb) Rx+ f((\7fU.S . lme II> --r::;- . 1 . ~ /' A ,,: ,,!;.+c/{ [{ IF5Te-j:r111-~.J 7'Tf Jh':'7r;:.1-5bAJ ,/ .6'////.'/ /i^_1"-rc.~'5,5~,f Idress [JID !r~I!(E -;,.-;t, 'J;';///~O/h I lme JIiO'I"""r--< ~?\-"~~ 1-.'ly:'.r~"'" ~,,// [.,./R;-..J" -~ l,-~,,~. -:--~s,.<_..)(:::~:__ idress ~ ~~ hf~,;fZArtt Rp ,"'{: lme ~ bud S/.o Id R!',,~,i,<'"c:.c)r?:: OJ..'t: j(i~ ldress {.';;,,;::_.Jj,IJ,-<c,i lme 'J -I lJtu (I lrlr"""d'J5"'b- }hoIY. /t7 / ~ JI",.. '1:;~o . 1m.. A~r;..t-IllE 1... ~IlRBG:R. :::rR Idress roB //7 " "p. -r. 'HI ~" g /J-r-;.<ult./ [:~~4i;j ".7.."## f / ( i36C Ime Idress Ime ,. Idress Ime Idress Ime Idress lme Idress -'.'--'--'-'" -....--- Ime Idress lme -...-.--" ".~'-.'-" .... Idress .-..--..-. .....----.- lme .dress Ime Idress .._----, ..-..--.---" Ime 1dr.e.5.S-