Statutes, codes, and regulations
Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations
COMPENSATION SCHEDULE FOR SPILLS INTO MARINE AND ESTUARINE WATERS, EXCLUDING ESTUARINE WATERS OF THE COLUMBIA RIVER
Section 173-183-450 - Salmon vulnerability

Wash. Admin. Code § 173-183-450

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Current through Register Vol. 24-23, December 1, 2024
Section 173-183-450 - Salmon vulnerability
(1) The salmon vulnerability ranking is based on seasonal habitat preference of juveniles during outmigration, adults as they return to spawn and the presence of oil in river mouths during peak occurrence of salmon runs. The salmon vulnerability ranking was developed from existing information and determinations of the salmon subcommittee of the scientific advisory board. In the case of Chinook salmon, habitat preference differs for subyearlings and yearlings.
(2) The vulnerability of five salmon species in nine habitats are relatively scored for vulnerability to oil spills on a 1 to 5 scale for each season, where 5 represents the most vulnerable condition, and a score of 1 represents the least vulnerable condition, as follows:

Table 7. Vulnerability of Salmon Species and/or Species Yearclass byHabitat and Season

SPECIES/YEARCLASS and SALMON VULNERABILITY HABITAT

HABITAT VULNERABILITY SCORE (savs) SEASON

SP

SU

FA

WI

Chinook (subyearling)

Intertidal

Rocky

1

1

1

1

Cobble

2

2

1

1

Gravel

3

3

2

2

Sand (vegetated)

4

5

3

3

Sand (no vegetation)

3

3

2

2

Mud (vegetated)

4

5

3

3

Mud (no vegetation)

3

3

2

3

Subtidal

2

2

1

1

Pelagic

4

4

3

3

Chinook (yearling)

Intertidal

Rocky

1

1

1

1

Cobble

3

3

2

2

Gravel

3

3

3

2

Sand (vegetated)

3

3

2

2

Sand (no vegetation)

3

3

2

2

Mud (vegetated)

3

3

2

2

Mud (no vegetation)

3

3

2

2

Subtidal

2

2

1

1

Pelagic

4

4

3

3

Coho

Intertidal

Rocky

1

1

1

1

Cobble

3

2

2

2

Gravel

3

4

2

2

Sand (vegetated)

5

4

3

4

Sand (no vegetation)

3

2

2

3

Mud (vegetated)

5

4

3

4

Mud (no vegetation)

3

4

2

3

Subtidal

2

2

1

1

Pelagic

4

4

3

3

Pink

Intertidal

Rocky

1

1

1

1

Cobble

2

1

1

1

Gravel

3

1

1

3

Sand (vegetated)

5

2

2

5

Sand (no vegetation)

3

2

2

3

Mud (vegetated)

5

2

2

5

Mud (no vegetation)

3

1

1

3

Subtidal

2

1

1

1

Pelagic

4

2

2

2

Chum

Intertidal

Rocky

1

1

1

1

Cobble

2

1

1

1

Gravel

3

2

2

3

Sand (vegetated)

5

3

2

5

Sand (no vegetation)

3

2

2

3

Mud (vegetated)

5

4

2

5

Mud (no vegetation)

3

2

2

3

Subdtidal

2

2

1

1

Pelagic

4

4

2

2

Sockeye

Intertidal

Rocky

2

2

1

1

Cobble

2

1

1

1

Gravel

2

1

1

1

Sand (vegetated)

2

1

1

1

Sand (no vegetation)

2

1

1

1

Mud (vegetated)

2

1

1

1

Mud (no vegetation)

3

1

1

1

Subtidal

1

2

1

1

Pelagic

4

4

2

2

The habitat-types classified under WAC 173-183-400 correlate with the habitats listed in Table 7 as follows:

TABLE.8. KEY TO TRANSLATINC MARINE/ESTUARINE HABITAT TYPES CLASSIFIED UNDER WAC 173-183-410 TO SALMON VULNERABILITY HABITATS

MARINE/ESTUARINE HABITAT TYPE from WAC 173-183-410(3)

EQUIVALENT SALMON VULNERABILITY HABITAT

Marine Intertidal, exposed and semiexposed rocky shores

Intertidal, rocky

Marine Intertidal, sand-scoured rocky shores

Intertidal, rocky

Marine Intertidal, protected rocky shores

Intertidal, rocky

Estuarine Intertidal, open rocky shores

Intertidal, rocky

Marine Intertidal, semiexposed cobble and mixed-course beaches

Intertidal, cobble

Estuarine Intertidal, open mixed-course beaches

Intertidal, cobble

Marine Intertidal, semiexposed gravel beaches

Intertidal, gravel

Estuarine Intertidal, open gravel beaches

Intertidal, gravel

Marine Intertidal, exposed sandy beaches

Intertidal, sand (presence of vegetation will be determined at the time of the spill)

Marine Intertidal, semiprotected mixed-fine beaches

Intertidal, sand (presence of vegetation will be determined at the time of the spill)

Estuarine Intertidal, open sandy beaches

Intertidal, sand (presence of vegetation will be determined at the time of the spill)

Estuarine Intertidal, sandy low marshes

Intertidal, sand (presence of vegetation will be determined at the time of the spill)

Estuarine Intertidal, mixed-fine beaches and low marshes

Intertidal, sand (presence of vegetation will be determined at the time of the spill)

Marine Intertidal, protected mud flats

Intertidal, mud (presence of vegetation will be determined at the time of the spill)

Estuarine Intertidal, mud flats

Intertidal, mud (presence of vegetation will be determined at the time of the spill)

all Marine and Estuarine Subtidal categories except open water

Subtidal

Marine Subtidal, open water

Pelagic

Estuarine Subtidal, open water

Pelagic

(3) For each oil spill where the compensation schedule is applied, the RDA committee shall determine the following:
(a) For spills greater than 1,000 gallons, the salmon vulnerability habitat(s) exposed to spilled oil and each habitat's percent-coverage of the total area exposed to spilled oil;
(b) For spills of less than 1,000 gallons, the salmon vulnerability habitat(s) in the subregion(s) exposed to spilled oil and the percent-coverage of these habitats in the exposed subregion(s);
(c) The season in which spill impacts will be greatest;
(d) The individual species/year class vulnerability score (SAVSi) as described in subsection (4) of this section; and
(e) The composite salmon vulnerability score for a spill (SAVSs) as described in subsection (5) of this section.
(4) From the information enumerated in subsection (2) of this section, the RDA committee shall determine the species/year class vulnerability score for a spill (SAVSi) by summing the weighted species/year class vulnerability scores for each of the salmon vulnerability habitats classified in Table 8 of subsection (2) of this section, where weighting is defined as percent-coverage of the salmon vulnerability habitats as determined in subsection (3) of this section, as follows:

SAVSi = (savs1* PCT-COV1) +

(savs2* PCT-COV2) + ... + (savsn* PCT-COVn)

where

SAVSi = salmon vulnerability score for a species/year class;

savsj = species/year class habitat vulnerability score for the season of greatest spill impact from subsection (2) of this section;

PCT-COVj = percent-coverage of habitat j from subsection (2) of this section;

i = Chinook, subyearling (Cs); Chinook, yearling (Cy); Coho (C); Pink (P); Chum (Ch); and Sockeye (So); and

n = the number of salmon vulnerabililty habitats used to calculate SAVS as determined in subsection (3) of this section.

(5) The raw salmon vulnerability score for a spill (SAVSs) shall be calculated as follows:
(a) In years when pink salmon are present in state waters. The chinook salmon spill vulnerability scores for subyearlings (SAVSCs) and yearlings (SAVSCy) as determined in subsection (4) of this section shall be averaged, then added to the spill vulnerability scores for coho (SAVSC), pink (SAVSP), chum (SAVSCh) and sockeye (SAVSSo) salmon as determined in subsection (4) of this section. The sum of these scores shall then be divided by 5, as described by the following formula:

SAVSs = [(SAVSCs + SAVSCy)/2 + SAVSC + SAVSP + SAVSCh + SAVSSo]/5

where

SAVSs = salmon vulnerability score for a spill;

SAVSCs = chinook, subyearling vulnerability score from subsection (4) of this section;

SAVSCy = chinook (yearling) vulnerability score from subsection (4) of this section;

SAVSC = coho salmon vulnerability score from subsection (4) of this section;

SAVSP = pink salmon vulnerability score from subsection (4) of this section;

SAVSC = chum salmon vulnerability score from subsection (4) of this section;

SAVSSo = sockeye salmon vulnerability score from subsection (4) of this section;

(b) In years when pink salmon are not present in state waters. The chinook salmon spill vulnerability scores for subyearlings (SAVSCs) and yearlings (SAVSCy) as determined in subsection (4) of this section shall be averaged, then added to the spill vulnerability scores for coho (SAVSC), chum (SAVSCh) and sockeye (SAVSSo) salmon as determined in subsection (4) of this section. The sum of these scores shall then be divided by 4, as described by the following formula:

SAVSs = [(SAVSCs + SAVSCy)/2 + SAVSC +

SAVSCh + SAVSSo]/4

where

SAVSs = salmon vulnerability score for a spill;

SAVSCs = chinook, subyearling vulnerability score from subsection (4) of this section;

SAVSCy = chinook (yearling) vulnerability score from subsection (4) of this section;

SAVSC = coho salmon vulnerability score from subsection (4) of this section;

SAVSP = pink salmon vulnerability score from subsection (4) of this section;

SAVSC = chum salmon vulnerability score from subsection (4) of this section;

SAVSSo = sockeye salmon vulnerability score from subsection (4) of this section;

(6) If spilled oil enters a river mouth, SAVSi from subsection (4) of this section shall be assigned a score of 5 for each species/year class in peak occurrence in a river mouth during the period of time the spilled oil enters and remains in the river mouth. Scores of 5 determined for species/year classes under this subsection shall supersede SAVSi scores calculated under subsection (4) of this section. The RDA committee shall make determinations of whether oil enters a river mouth and whether species/year classes are in peak occurrence when spilled oil is present in a river mouth.
(7) The final SAVSs score is found by rounding the raw SAVSs score calculated in subsection (5) of this section to the nearest 0.01 as follows: Decimals less than 0.005 shall be rounded down and decimals equal to or greater than 0.005 shall be rounded up.
(8) The final salmon vulnerability score for a spill shall be multiplied by 1.5 when any number of individuals of state or federal threatened or endangered salmon races and/or runs are exposed to spilled oil.

Wash. Admin. Code § 173-183-450

Statutory Authority: Chapter 90.48 RCW. 92-10-005 and 92-13-083 (Order 91-13 and 91-13A), § 173-183-450, filed 4/23/92 and 6/16/92, effective 5/24/92 and 7/17/92.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.