The Regional Roads Maintenance ESA Program: a "Plug & Play" Forum for 4(D) Coverage Under the ESA

In 1999, the U.S Federal government listed Puget Sound Chinook salmon and bull trout as “threatened” under the endangered species act.  In response, local governments in Puget Sound region formed a coalition, known as the “Tri-County ESA Response Effort”, to implement programs to conserve listed aquatic species. Under this effort, the Tri-County Road Maintenance ESA Technical Group (a team of local road maintenance managers and technical staff) was formed.  Its mission was to develop a road maintenance program that would contribute to the conservation of salmonids and other fish species and would meet federal agencies requirements under Section 4(d) of the ESA act.  The result was the formation of the Regional Road Maintenance ESA Program Guideline (or “RRMPG”).  The purpose is to provide a consistent, regional program that can be used by any agency wishing to limit, reduce or eliminate the prohibition on take of threatened species under the 4(d) Rule (NMFS), special 4(d) rule and/or Section 7 take exemption (USFW).

This program consists of three parts:

1. Elements-framework for the RRMP, including 10 program elements. The implementation of these elements is required for the obtaining of a 4(d) take limit, special 4(d) rule, and/or a section 7 take exemption.
2. Best Management Practices (BMPs) a list of outcome based site specific (BMPs) for road maintenance activities.
3. Application-individual agency application for a 4(d) take limit (NMFS), special 4(d) rule, and/or a section 7 take exemption, to receive an elimination or reduction of standing prohibition of take for threatened species under the Regional Program.  This application is a commitment that an agency will comply with the 10 program elements in Part 1.

This RRMPG is an effective program which provides public agencies with the avenue to maintain roads and other utilities using Best Management Practices to provide protection for listed fish species. Coverage is provided under the 4(d), special 4(d) rule, and/or a section 7 take exemption so that work can continue.