BILL REQ. #:  H-3909.1 

Read first time 01/19/2004.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to important bird areas; amending RCW 79.70.020 and 79.70.080; adding a new section to chapter 79.70 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   Washington state has a rich variety of birds, wildlife and fish that its citizens and visitors enjoy. With over three hundred sixty-five bird species, Washington state can use this natural asset to attract nature tourists from all over the country and the world. According to a United States fish and wildlife service report, thirty-six percent of Washington's residents currently participate in bird watching, and the watchable wildlife industry brings nearly one billion dollars per year into the state's economy.
     The 2003 legislature recognized the economic value of promoting watchable wildlife and nature tourism when it required the departments of fish and wildlife and community, trade, and economic development to host a watchable wildlife and nature tourism conference and write a statewide strategic plan. The 2002 legislature recognized the value of identifying and conserving our state's biodiversity for future generations when it created the biodiversity task force and required a plan be developed to recommend ways to conserve biodiversity. Furthermore, over the past fifteen years, the legislature has recognized the important contributions volunteers and nonprofit organizations have made in restoring and monitoring salmon and wildlife habitat. Therefore, it is the goal of the legislature to promote: Partnerships with volunteers; rural economic development; nature tourism; and conservation of biodiversity by encouraging partnerships between state government agencies, volunteers, and nonprofit organizations to designate and conserve natural assets that attract nature tourists and bird watchers to Washington's rural areas.
     To accomplish this goal, the legislature recognizes the scientific work by Audubon Washington to use internationally recognized scientific criteria and protocols to identify, conserve, and monitor areas of the state that are important for migrating and resident birds. Scientists, ornithologists, and qualified volunteers contribute to Audubon Washington's important bird area program by identifying important bird areas, then developing mutually agreed-upon bird conservation plans and monitoring plans in cooperation with public land managers and private landowners. Volunteers and scientists in more than one hundred countries around the world have already completed identification of fourteen thousand two hundred sixty sites that qualify as important bird areas.
     Qualified volunteers and scientists have already successfully used the international criteria to identify fifty-three sites important for birds in Washington state. Following the final round of site selection, Audubon Washington volunteers will work with landowners, businesses, and local and state governments to develop plans to maintain or enhance sites that will then become destinations for nature tourists to promote rural economic development. Therefore, it is the intent of the legislature to have Washington state participate in the recognition portion of the important bird area program by directing the natural heritage program at the department of natural resources to officially recognize important bird areas as they are identified by Audubon Washington.

NEW SECTION.  Sec. 2   A new section is added to chapter 79.70 RCW to read as follows:
     (1) The program must use the Audubon Washington important bird area information as a credible and valid source of data about birds and their habitats. The program must rely upon the scientific work performed by Audubon Washington to officially recognize these sites throughout Washington state. If Audubon Washington does not supply adequate or timely information to the program for site recognition, then the program is not required to recognize important bird area sites.
     (2) Audubon Washington must work in cooperation with the program to develop agreed upon site selection criteria and protocols for site recognition. If the program chooses not to recognize a site, then Audubon Washington may still recognize the site as an important bird area, but it will not have official state recognition status.
     (3) When the program recognizes an important bird area site, the site will be listed in the program's biennial report and site data will be made available to the general public, state and local agencies, tribal governments, and other entities who may use it when updating land management, land use, or other relevant planning documents. The program may also advise the department, the department of fish and wildlife, the state parks and recreation commission, and other state agencies managing state-owned land or natural resources about the scientific data associated with important bird areas.
     (4) Audubon Washington must develop and maintain a map showing all lands designated as important bird areas and forward this information to the program. The program must make it available to the general public or other entities interested in important bird areas. Audubon Washington must send important bird area maps to the departments of fish and wildlife, agriculture, the parks and recreation commission, and other state agencies managing state-owned lands. Audubon Washington must also make the map available to the general public for rural economic development purposes, promoting local nature tourism, or scientific inventory, research, and reference purposes. Audubon Washington must retain a master inventory list and maps of properties that are designated as part of the Washington state important bird area program.

Sec. 3   RCW 79.70.020 and 2003 c 334 s 548 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of natural resources.
     (2) "Natural areas" and "natural area preserves" include such public or private areas of land or water which have retained their natural character, although not necessarily completely natural and undisturbed, or which are important in preserving rare or vanishing flora, fauna, geological, natural historical or similar features of scientific or educational value and which are acquired or voluntarily registered or dedicated by the owner under this chapter.
     (3) "Public lands" and "state lands" have the meaning set out in RCW 79.02.010.
     (4) "Council" means the natural heritage advisory council as established in RCW 79.70.070.
     (5) "Commissioner" means the commissioner of public lands.
     (6) "Important bird area" means those areas identified by Audubon Washington using internationally recognized scientific criteria. These areas have been found to be necessary to conserve populations of wild birds native to and migrating through Washington state, and contain the habitats that birds are dependent upon for breeding, migration, shelter, and sustenance.
     (7) "Instrument of dedication" means any written document intended to convey an interest in real property pursuant to chapter 64.04 RCW.
     (((7))) (8) "Natural heritage resources" means the plant community types, aquatic types, unique geologic types, and special plant and animal species and their critical habitat as defined in the natural heritage plan established under RCW 79.70.030.
     (((8))) (9) "Plan" means the natural heritage plan as established under RCW 79.70.030.
     (((9))) (10) "Program" means the natural heritage program as established under RCW 79.70.030.
     (((10))) (11) "Register" means the Washington register of natural area preserves as established under RCW 79.70.030.

Sec. 4   RCW 79.70.080 and 2002 c 284 s 3 are each amended to read as follows:
     (1) The council shall:
     (a) Meet at least annually and more frequently at the request of the chairperson;
     (b) Recommend policy for the natural heritage program through the review and approval of the natural heritage plan;
     (c) Advise the department, the department of fish and wildlife, the state parks and recreation commission, and other state agencies managing state-owned land or natural resources regarding areas under their respective jurisdictions which are appropriate for natural area registration or dedication or that are appropriate for important bird area recognition;
     (d) Advise the department of rules and regulations that the council considers necessary in carrying out this chapter;
     (e) Review and approve area nominations by the department or other agencies for registration and review and comment on legal documents for the voluntary dedication of such areas;
     (f) Recommend whether new areas proposed for protection be established as natural area preserves, natural resources conservation areas, a combination of both, or by some other protected status; and
     (g) Review and comment on management plans proposed for individual natural area preserves.
     (2) From time to time, the council shall identify areas from the natural heritage data bank which qualify for registration. Priority shall be based on the natural heritage plan and shall generally be given to those resources which are rarest, most threatened, or under-represented in the heritage conservation system on a statewide basis. After qualifying areas have been identified, the department shall advise the owners of such areas of the opportunities for acquisition or voluntary registration or dedication.