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HomeMy WebLinkAbout00-033 RESOLUTION #00-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO SEEK A SECTION 7 CONSULTATION WITH THE NATIONAL MARINE FISHERIES SERVICE (NMFS) AND TO ADOPT THE CITY MANAGER'S RECOMMENDATION TO PROMOTE THE FINDINGS OF THIS RESOLUTION AS THE CITY'S OFFICIAL POLICY WHEREAS, the Summer Chum were listed as a threatened species in March of 1999; and, WHEREAS, the National Marine Fisheries Service (NMFS) proposed 4(d) rule governing the species includes prohibitions on water withdrawals that impact spawning or rearing habitat, which may injure or kill listed salmonids; and, WHEREAS, a violation of the proposed role could result in legal action from private individuals or the NMFS; and, WHEREAS, the City's goal would be to seek a Biological Opinion from the NMFS that the City's withdrawals do not adversely affect the Summer Chum and that voluntary restoration efforts are sufficient; and, WHEREAS, the City Manager and staff are recommending that the city request a Section 7 Consultation from the National Marine Fisheries Service (NMFS); and, WHEREAS, to provide scientifically defensible data, the city has hired John Orsbom to recreate historic stream flow records for the Quilcene Rivers. These will be correlated with the fish remm records to show that the Summer Chum stocks remained at healthy levels until the late 1970s; 50 years after the city began withdrawing water from the Big Quilcene River; and, WHEREAS, the city and Port Townsend Paper Company have agreed to leave 27 cfs instream below the Big Quilcene based on observed adequate flows for passage and spawning and any changes to this should be determined by the needs of the fish and onsite surveys; and, WHEREAS, the Little Quilcene River has an instream flow restriction of 6 cfs, effectively limiting municipal withdrawals between August and October during the Summer Chum spawning period, NOW, THEREFORE, BE IT RESOLVED Section 1. That the City Council of the City of Port Townsend hereby directs the administration to seek a Section 7 Consultation and adopts the City Manger's recommendation. Section 2. That the city representatives in this process shall continue to promote the findings of this resolution as the city's official policy position relative to the water withdrawals of the Big and Little Quilcene River as they relate to the listing of the Summer Chum as a threatened or endangered species. ADOPTED by the Ci~ Council of the City of Port Townsend, and signed by the Mayor this -~ day of [/~ ,2000. ___G_e~o~asci, Mayor A TTES T: Pam Kolacy, City Clerk APPROVED AS TO FORM: John Watts, City Attorney