WA ST Dept of Fish and Wildlife 3/24/2017

Washington Department of Fish and Wildlife Mailing Address: 600 Capitol Way N•Olympia,WA 98501-1091 Main Office Location: Natural Resources Building•1111 Washington Street SE•Olympia,WA FISH Sensitive Fish and Wildlife Information Release Agreement '11 -11WILDLIFE Informed land use decisions often require information about specific fish,wildlife, and habitat locations. The Washington Department of Fish and Wildlife(WDFW) can provide you with such information while meeting our responsibility to protect fish and wildlife from inadvertent or malicious harm. The signing of this agreement indicates that the signatory(person or organization) recognizes the appropriate guidelines for disseminating Sensitive Fish and Wildlife Information and has agreed to the provisions in the WDFW Releasing Sensitive Fish and Wildlife Information Policy-5210. Fish and wildlife information is deemed sensitive by the WDFW Director when the viability of a fish or wildlife population may be compromised by displaying the locations of a species or its habitat and at least one of the following apply: (A)The species has a known commercial or black-market value; (B)There is a history of malicious take of that species and the species behavior or ecology renders it especially vulnerable; (C)There is a known demand to visit, take, or disturb the species; or(D)The species has an extremely limited distribution and concentration. See WDFW Policy-5210 for a list of the species and habitats considered sensitive. Careful and reasonable use and distribution of sensitive information will meet your needs while protecting our state's most vulnerable fish and wildlife resources. General Requirements 1. The locations of species may change over time. WDFW updates fish and wildlife information as additional data become available. WDFW does not recommend using maps or digital data more than six months old; please obtain updates rather than use outdated information. 2. Washington State law(RCW 42.56.430) exempts Sensitive Fish and Wildlife Information from public inspection and copying. Redistributing or Displaying Sensitive Fish and Wildlife Information 1. Parties holding Sensitive Fish and Wildlife Information, obtained from WDFW, may release it for areas less than the resolution specified in WDFW Policy—5210 (one Township, Quarter—Township or Section) only to the following parties when such a release accompanies an agreement to abide by the provisions of WDFW Policy—5210. All materials provided must be marked confidential. • Government agencies; Tribes; Accredited colleges or universities; The owner, lessee, or right-of-way or easement holder of private land to which the data pertain or who initially provided the data; Public utilities; or Agents of the above parties (e.g., consultants, realtors, etc.). 2. Parties holding Sensitive Fish and Wildlife Information shall not disclose or release it for areas greater than the resolution specified in WDFW Policy—5210 (one Township, Quarter—Township or Section). Refer requesters to WDFW for these information requests. 3. Individuals and organizations may release Sensitive Fish and Wildlife Information during certain governmental activities. The following activities constitute circumstances appropriate for the release of maps or other items that display Sensitive Fish and Wildlife Information. Any Sensitive Fish and Wildlife Information released in these circumstances shall abide by the other provisions in WDFW Policy—5210. All material provided must be marked confidential. • Working with citizen advisory committees. • In public meetings and hearings, Sensitive Fish and Wildlife Information can only be displayed at map scales equal to or smaller than 1:100,000. Maps or other media that display Sensitive Fish and Wildlife Information may not be reproduced or distributed. • Very small scale maps (1:250,000 or smaller)that display Sensitive Fish and Wildlife Information may be reproduced and distributed to the public. 4. Providing sensitive information to the public(persons not included in the above): • Inquires from the public about the existence of sensitive species on a specific site should be answered with a direct"yes"or"no'without referring to the species' name. However, some situations may necessitate providing site-specific locations of sensitive species. Please consult with WDFW when you wish to balance the public's need to know against our shared responsibility to protect fish and wildlife. Hold Harmless Agreement To the fullest extent permitted by law, the Signatory expressly agrees to indemnify, defend and hold harmless WDFW, its officials, agents and employees, from and against all claims arising out of the unauthorized disclosure or dissemination, by the Signatory, of Sensitive Fish and Wildlife Information being provided under this agreement. "Claim" as used in this agreement means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys'fees, attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible or-real property, or sensitive habitat, including loss of use resulting there from. The Signatory's obligation to indemnify, defend, and hold harmless includes any claim by the Signatory's agents, employees. Please return the signed Sensitive Fish and Wildlife Information Release Agreement form to Washington Department of Fish and Wildlife, Priority Habitats and Species,600 Capitol Way North,Olympia WA 98501-1091. For questions about the form or to address special needs for information distribution not covered in the agreement call (360) 902-2543 or e-mail phsproducts@dfw.wa.gov. June 2011 Release Agreement—Page 1 of 2