Net Ecological Gain Interim Proviso Report (2024)

In 2023, a legislative proviso directed the Washington State Department of Fish and Wildlife (WDFW) to convene a work group focused on developing a Net Ecological Gain (NEG) implementation framework. NEG is intended to exceed current efforts to protect and restore ecosystems across the state —including No Net Loss regulatory policies—by identifying options to require and/or incentivize projects to increase biodiversity and/or resilience in affected ecosystems.

Previously, at the direction of the legislature following the 2019 Governor’s Orca Task Force Recommendations, WDFW investigated a pathway for incorporating an NEG standard into state law through research and engagement with various Tribal and stakeholder groups, supported by the Washington State Academy of Sciences. The current phase of this project represents a collaborative effort among state agencies, federally recognized Tribes, local governments, and key partners across Washington to develop recommendations for a path forward on NEG implementation.

This interim report captures key project milestones, such as the formation of the NEG Core Team and the grant program review and prioritization criteria, outlines the progress on the project to date, and highlights ongoing NEG dialogue that will continue as we work toward final NEG framework recommendations.

Specifically, the interim report provides updates or recommendations on the following:

• Facilitation of the work group focused on developing an NEG implementation framework. WDFW is meeting the legislative directive with the formation of the NEG Core Team—which serves as the primary body for collaborative exploration of an NEG implementation framework. The Core Team works simultaneously with technical experts to build an understanding of NEG, explore options for pursuing an NEG implementation framework, discuss areas of concern and key barriers to successful implementation, and coalesce around recommendations for a path forward. The Core Team has had its first two meetings and is in the process of developing the full scope of technical work and additional engagement to support key decision-making. Furthermore, WDFW is working with Tribal partners in parallel to participate in proviso-directed processes, ensure open lines of communication, and provide opportunities for collaboration as the NEG framework is developed and refined. Project progress is detailed in Engagement & Facilitation below.
• Initiation of technical tasks outlined in the proviso. To support the feasibility of building and implementing an NEG framework in the future, the project team will conduct research and collaborate with the Core Team and other partners to address key tasks outlined in the proviso. These tasks encompass further defining NEG criteria and scale; developing monitoring, enforcement, and assessment criteria; considering an assessment model for NEG; and providing policy and budget recommendations. Project progress is detailed in Technical Task Progress below.
• Identification and review of grant programs for NEG application, which included the review of applicable state-funded grant programs, interviewing grant managers, and developing guidance for integrating NEG prioritization criteria. The approach, methodology, findings, and recommendations for NEG criteria based on this work is detailed in Grant Program Review for Net Ecological Gain Application below.

Throughout the report, the project team has highlighted where ongoing dialogue is occurring with the Core Team. The intent is to continue to discuss these various topics as a group and come to further agreement for the final report. With the completion of the remaining technical work, engagement with the NEG Core Team and other technical experts, and consultation with Tribes, WDFW will develop a final report that outlines potential pathways forward on NEG implementation, including budget and policy recommendations in alignment with grant program management in Washington State.