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1 salmon habitat." Id. at 91. NMFS analyzed each of these impacts in considerable detail,at both the <br /> 2 Puget Sound scale and at the individual species population scale. Id. at 91-138. The FEMA BiOp <br /> 3 concludes that the NFIP jeopardizes the survival and recovery of chinook, chum,steelhead and <br /> 4 killer whales,as well as adversely modifying designated critical habitat. Id. at 149. <br /> 5 II. TO AVOID JEOPARDY, NMFS RECOMMENDED SIGNIFICANT CHANGES TO <br /> EVERY MAJOR ELEMENT OF THE NFIP. <br /> 6 <br /> As directed by the ESA,the FEMA BiOp articulates a comprehensive RPA that would <br /> 7 <br /> avoid jeopardy to listed species and adverse modification of critical habitat.3 16 U.S.C. <br /> 8 <br /> § 1536(b)(4); 50 C.F.R. § 402.14(h), § 402.02; FEMA BiOp at 150-68. The RPA calls for changes <br /> 9 <br /> in multiple aspects of the NFIP that must be implemented together. Implementation of these <br /> 10 <br /> changes is most urgent where the NFIP affects"Tier 1"salmon populations, e.g.,those populations <br /> 11 <br /> that are so crucial to the species as a whole that the loss of one of them would reduce the species' <br /> 12 <br /> chance of survival. FEMA BiOp at 218. "Categorization of a population as Tier One means that <br /> 13 <br /> steps must be taken more immediately to reduce its risk of extirpation." Id.; see also id. at 219 <br /> 14 <br /> ("These salmon populations are already at high risk of extirpation,with critically low population <br /> 15 <br /> numbers.") A brief description of the RPA's various elements follows. <br /> 16 <br /> RPA#1 (Notification): RPA#1 directs FEMA to notify all 122 NFIP communities in Puget <br /> 17 <br /> Sound within 30 days that"development consistent with the NFIP jeopardizes the listed species and <br /> 18 <br /> adversely modifies their critical habitat." Id. at 151. It directs FEMA to recommend communities <br /> 19 <br /> "implement a temporary moratorium on floodplain development"and explains that adoption of the <br /> 20 <br /> revised development criteria in RPA#3 would exempt them from potential ESA liability. <br /> 21 <br /> RPA#2 (Mapping): The RPA directs FEMA to make multiple changes to its"mapping <br /> 22 <br /> program"within six months,with annual reporting thereafter. Id. at 152-53. Most significantly,the <br /> 23 <br /> RPA directs that letters of map change be processed only when the proponent has demonstrated <br /> 24 <br /> 25 3 Although the jeopardy and adverse modification standards are legally distinct,for the sake of brevity <br /> 26 this memo will hereinafter generally refer to"jeopardy"to encompass both. <br /> 27 Earthjustice <br /> PLAINTIFF'S MOTION FOR PRELIMINARY 705 Second Ave.,Suite 203 <br /> Seattle, WA 2098104 <br /> 28 INJUNCTION (Case No. 2:11-cv-02044-RSM) -6- ( <br /> (206)343-734040 <br />