LIST OF FIGURES. Figure 1-1. Tidegates on Edison Slough, various top-hinged gates and a Self Regulating Tidegate Figure 1-2. Floodgate, Drainage District 25 – Samish River system Figure 1-3. Floodgate, Drainage District 25 – Samish River system Figure 2-1. Implementation Agreement Coverage Area Figure 2-1A. Implementation Agreement Restoration Area Figure 2-2. Watercourses in the Coverage Area by Classification Figure 2-3A, B and C. Tidegate and Floodgate within the Coverage Area, by Site ID. number Figure 4-1. Top hinge (left) with internal float gate, and a side hinge (right) gate Figure 4-2. ▇▇▇▇▇▇▇ Slough Automatic Regulating Tidegate EXECUTIVE SUMMARY The Skagit Delta Tidegates and Fish Initiative is a collaborative, multi-stakeholder process convened by the Western Washington Agricultural Association in March 2006 for the purpose of identifying pathways and protocols for federal, state and local permitting of tidegate and floodgate repair and replacement activities within the Skagit and Samish River deltas. This Agreement will address actions at tidegate and floodgate sites that are under the ownership or control of Drainage, Diking, and/or Irrigation Districts that are Parties to this Agreement. This Implementation Agreement represents a formal commitment by the Western Washington Agricultural Association (WWAA), representing the collective interests of the participating Drainage, Irrigation and Diking Districts within the Skagit and Samish River deltas; the NOAA’s National Marine Fisheries Service (NMFS); United States Fish and Wildlife Service (USFWS); and the Washington Department of Fish and Wildlife (WDFW) to develop a delta-wide landscape approach to address tidegate and floodgate maintenance needs within the Skagit delta area, in conjunction with estuarine habitat restoration goals for recovery of Endangered Species Act (ESA) listed Chinook salmon in the Skagit River system. In addition to the above-named principals, key staff members representing the U.S. Army Corps of Engineers (Corps), the Washington Department of Ecology (WDOE), and the Governor’s Office of Regulatory Assistance have also provided input and support throughout this process. A Memorandum of Understanding (MOU) has been developed between WWAA, NMFS and WDFW (Appendix E), hereafter referred to collectively as the Parties, to support the development of this Implementation Agreement. This Agreement will facilitate the achievement of functional estuarine habitat restoration within the Skagit delta area in a manner that will result in the least possible impact to established agricultural lands in the Skagit Delta, and their related drainage infrastructure. The Implementation Agreement stipulates that up to 2,700 acres of delta agricultural lands may be converted to estuarine habitat, and that such conversion, when and where appropriate, will be undertaken in a manner consistent with the objectives of the Skagit Chinook Recovery Plan, as approved and adopted by NMFS in December 2006. In addition, the Implementation Agreement will facilitate the regulatory review process required to conduct maintenance activities on tidegate and floodgates under the ownership or control of the participating Drainage, Irrigation and Diking Districts. The success of the Implementation Agreement is predicated on the explicit support and cooperation of the Skagit agricultural community as landowners within the Skagit delta area, and by each participating Drainage, Irrigation and Diking District within the Skagit delta area. The Parties acknowledge and agree that securing funding for restoration projects will be the responsibility of the restoration community, with the support of the agricultural partners. As a means to facilitate linkage between the permitting of tidegate and floodgate maintenance activities and the achievement of estuarine habitat restoration and smolt production goals, a clearly defined credit banking process will provide a system of checks and balances to assure that mutually supportive actions will occur in a timely and cooperative manner throughout the 25-year duration of this Agreement. In addition to providing pathways for the Districts to seek compliance with federal permitting requirements under the Rivers and Harbors Acts, the Endangered Species Act and provisions of the Clean Water Act, this Agreement also provides clearly defined steps for acquiring pertinent state and local permits including Hydraulic Project Approvals, the State Environmental Policy Act, and the Shoreline Management Act. This initiative is not intended or designed in any way to deny, ignore or abridge any legal right, privilege or opportunity extended to any Tribe either by Treaty or through Federal, State or local laws, rules and regulations. Tribal interests, needs and treaty rights pertinent to federal and/or state permitting of tidegate and floodgate maintenance and the recovery of ESA-listed Chinook salmon addressed through provisions of this Agreement shall be exercised through government-to-government protocols with involved federal agencies, as well as through any other formal and informal channels available to the Tribes as they deem appropriate, including opportunities for future dialogue involving this Implementation Agreement through means such as the Skagit Tribal and Agricultural Accord. For purposes of coordinating implementation and providing management an Oversight Committee has been designated. The Oversight Committee shall be composed of a representative from each of the following entities: WDFW, NMFS, District Commissioners (two Commissioners) to be selected by the duly elected Commissioners of all Districts signatory to this Agreement), WWAA, and other invited parties, such as tribal representatives. Responsibilities of the Oversight Committee will consist of: determining eligibility of restoration projects for credits to this Agreement, approving deposit and allocation of project habitat credits, reviewing and approving reports prepared by the Credit Administrator, and meeting as needed to discuss necessary changes to the Implementation Agreement. To satisfy the requirement for credit administration, the Parties have designated the Western Washington Agricultural Association, reporting to the Oversight Committee, to administer the terms and conditions of this Implementation Agreement relating to the accrual, distribution and tracking of project credits.
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