2005 Issue #3 Bird's Eye View Newsletter Washington Audubon Society

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    2005 Legislative Newsletter Issue 3 February 4, 200

    Greetings from AudubonWashington's Policy Office inOlympia! Birds Eye View (BEV)keeps Washington's 25 Audubonchapters and 22,000 members

    informed about legislationeffecting birds, other wildlife andtheir habitat. Subscribe today to

    receive every issue of BEVthroughout the legislative

    session.

    UPDATE: Audubon's 2005 Legislative Priorities

    INSIDE THIS ISSUE:

    Flocking TogetherPage 1

    Audubon Priorities UpdatePage 1-2

    Other Issues and PrioritiesPage 3

    Priorities for a Healthy

    WashingtonPage 4-5

    Budget PrioritiesPage 6-7

    No Mining on BeachesPage 7

    Hot Tips for Leg. AdvocacyConnect With YourLegislators

    Page 8

    Lobby Day RegistrationPage 9

    Snowy Plovers Need YourHelpPage 10

    Invasive PlantsPage 11

    Flocking Together By Nina Carter, Audubon Executive

    In my 21 years of working with our lawmakers inOlympia, I have been and continue to be impressed by how seriously our elected officialstake their responsibility of doing the publics

    business.

    Greater than Themselves

    Whether I agree 100% with their positions orvotes, I have found that they are motivated by

    something greater than their own personalinterests. They want to do a good job for theirconstituents, want to steer our state in positivedirections, and want to improve Washingtoniansquality of life.

    Its my job as head of Audubon Washingtonspolicy team to: 1) make sure that our electedofficials get the information they need about birdsand natural habitat; and 2) to set the tone for howthat information is presented to lawmakers.Legislators want good information to do their jobswell.

    Working toward Good Lives

    All of us regardless of which side of the aislewere on have one overall desire: We want goodlives for ourselves and our children. And goodlives include healthy communities, whichdepend on a healthy environment. Good livesfor people, for birds, and the natural world is whatmotivates our Audubon advocates.

    Trusting Audubon

    Because of our advocates passion, facts, andwillingness to take action, lawmakers receive

    critical information they need to do their jobswell. And because of our Audubon approach,elected officials know they can trust ourinformation and trust us to work with themtoward practical legislation.

    Audubons 25 chapters across the state compr22,000 members. We are a huge flock with

    potentially huge influence. More than 4,000 r

    Birds Eye View and many more weigh in onspecific issues at critical times.

    Our advocates find out facts and communicatThey get to know legislators, and work with eother and Audubons policy team to focus on issues.

    Audubon members want to help our electedofficials do their jobs well and they appreciathat.

    Impact in 2005

    Our lawmakers are facing major policy decisithis spring on gravel mining, wetlands, forest

    and, of course, budgets. Lets continue to helpthem do a good job for Washingtons future binforming ourselves and advocating for birdshabitat protection in Olympia.

    Remember to put Lobby Day on your

    calendar: Thursday, Feb. 17th. This is a ver

    important event on the legislative calendar

    a way for all of us concerned with a healthy

    future for our state to make even more of a

    impact.

    Audubon Washington works in partnership

    with 25 independent Audubon Chapters to

    establish our legislative priorities.

    Operating/Capital BudgetsAudubon's budget requests range from beachsafety and enforcement funding to capital budgetrequests for an environmental learning center.See Budget Update inside for Audubon's budget

    priorities.

    Aggregates/Gravel MiningWe support Department of Natural Resources(DNR) budget requests for their surface minin

    program. We have met with mining industryrepresentatives and DNR staff regarding chanto the Surface Mining Reclamation Act (RCW78.44). We hope to achieve consensus on

    proposed changes for the 2006 session.

    DNR's Aggregate Mapping Budget Request-SUPPORTSee Audubons budget priorities.

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    Audubon WashingtonsBirds Eye View February 4, 2005 Page 2 of

    WetlandsHB 1492 -- SUPPORTSB 5273-- SUPPORTDeveloping a single pilot mitigation bank on state-owned aquaticlands.

    Audubon and Wetnet, our wetlands advisory committee, haveworked with the Department of Natural Resources and otherstakeholders to refine this approach for over a year. We support thisproposal because there is demonstrated need for mitigation inaquatic lands in the Puget Sound area, and because this approach isexpected to increase the success rate of such mitigation reducing thenet loss of viable habitat for birds and other wildlife.

    These companion bills would authorize the Department of NaturalResources (DNR) to conduct a mitigation bank pilot project withother public or private entities to develop and manage a singlemitigation bank located on state-owned aquatic lands. Once the pilotmitigation bank is established, DNR may sell and receive revenuefrom mitigation bank credits. The economic value of the mitigationcredits may include both the costs associated with making thenecessary habitat improvements and value of the actual use of thestate-owned aquatic lands.

    ForestsHB 1360 -- SUPPORTProtecting Ancestral Trees

    Prime sponsor Representative Hunt (D-22) has introduced a bill tostop the harvesting of old growth timber on state lands. Old growthforests provide unique habitat for a wide array of bird and wildlifespecies. Some species cannot adapt to alternative habitats. Thesestands of old growth forests draw bird watchers and other tourists,and are enjoyed by Washington's citizens every day.

    This bill Defines "ancestral trees" as trees 150 years old or older thatexist in a forest community characterized by large standing trees,large snags, large logs on the land, and, if applicable, large logs instreams.

    The bill requires, unless specifically authorized by the Board ofNatural Resources (board), the department may not sell or harvestany ancestral trees located on public lands. The board may onlyauthorize the sale or harvest of an ancestral tree located on publiclands after making a formal finding that the harvest of the tree isnecessary to preserve the health and safety of other ancestral trees inthe immediate area.

    Defining old growth is complicated and requires the expert opinionand consensus of the states leading foresters and wildlife scientists.Last year a capital budget proviso established a panel of expertswhich should have a definition before session ends. This bill can beimproved with an expert definition of old growth.

    Call the House Natural Resource Committee--and ask them tosupport HB 1360, today.

    Growth Management ActAudubon works hard to ensure the integrity of the GrowthManagement Act, we support improvements advocated by the GMworking group, a consensus-oriented consortium of builders,farmers, planners, local jurisdictions and conservation organizatio

    We are expecting two bills from the working group--one to clarifywhat Best Available Science looks like and one to fix the revisionschedules for jurisdictions required to plan under GMA.

    As far as bad GMA bills go, there are several. As these come up fohearings, we will develop detailed analysis and report to you on thstatus.

    UPDATE: Audubon's 2005 Legislative Priorities cont.

    BILL TITLE SPONSOROUR

    POSITION

    HB 1023Tsunamiresistantstructures

    Orcutt Oppose

    HB 1103 Timber mills DeBolt Concerns

    HB 1162Critical areas

    regulationsRoach Oppose

    HB 1164Critical areasregulations

    Roach Oppose

    HB 1245Outdoor

    ball fieldsSullivan, B. Oppose

    HB 1404Forest

    practicesSullivan, B. Concerns

    SB 5152Comp. planamendment

    Zarelli Oppose

    SB 5251Shorelinemaster

    programsZarelli Oppose

    SB 5312 Refer./growthmanagement

    Swecker Oppose

    SB 5376Forest

    practicesJacobsen Concerns

    Contact Your Legislators1-800-562-6000

    Let Them Know What You Support!

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    Audubon WashingtonsBirds Eye View February 4, 2005 Page 3 of

    Other Legislative Priorities and Issues

    Audubon Washington tracks all bills introduced to the Legislature

    and seeks strategic opportunities to protect birds and habitat. Wealso watch for bills that would undermine existing protections for fish

    and wildlife. Here are some of the highlights from the past weeks.

    HabitatWashington Wildlife and Recreation Program (WWRP)This is the state capital acquisition program for habitat, open spaces, parksand recreation. We support this program and the effort to include bothagriculture and riparian acquisitions of critical lands for birds andwildlife.

    (WWRP) HB 1413-- SUPPORT - SB 5396 -- SUPPORT

    Expanding the criteria for habitat conservation programsAdds two new categories dealing with conservation and restoration of

    riparian areas including extension of CREP leases, payment in lieu oftaxes on DNR habitat lands as well as a small farmland preservationprogram. Adds new elements to the project selection criteria that helpfund projects that carry out local planning goals.

    (WWRP) SB 5118: OPPOSEConcerning habitat conservation programsAlthough it does some of the same things as SB 5396 (above),it does not include the Riparian or Farmland programs and causesinternal technical problems with the current WWRP project listsbecause of how the bill is drafted. SB 5396 is the preferred billbecause it is more complete and technically cleaner.

    SB 5385 -- SUPPORT

    Creating the Washington invasive species councilThis bill addresses the fact that the economy and environment ofWashington are being severely impacted by the invasion of an increasingnumber of harmful aquatic and terrestrial invasive plants and animals. Infact, invasive species are the second largest cause of loss of biodiversityand cost over $100 billion a year in the U.S. alone.

    SB 5385 is a reasonable step that creates a Washington invasive speciescouncil to provide policy level direction, planning, and coordinationamong agencies and stakeholders for combating and preventing harmfulinvasive species throughout the state (see related article on page 11).

    SB 5445 -- SUPPORT

    Clarifying Initiative 297 (Hanford Cleanup Initiative)Clarifies the intent of 69% of Washingtons voters that the HanfordNuclear Reservation is cleaned up before any more waste is dumpedthere. Removes uncertainty for business and industry caused by federallawsuit that is preventing agency rulemaking.

    The initiative needs to be implemented and clarity provided, so thatHanford cleanup moves forward and business development is notimpeded in any way by misinterpretation of I-297. Audubon's statewideconservation committee of 25 independent Audubon Chapters endorsed I-297 and we are supporting the Heart of America NW's efforts to preemptarguments in the courts that this initiative was not clear.

    Reforming Hydraulic Project ApplicationsSome of the HPA regulatory reform bills below are similar to those weworked hard to oppose/fix in 2003. Senator Doumit has invited us to

    discuss the various HPA bills that have been introduced to date to find

    resolution that meets all parties needs. We are optimistic that somethincan be worked out this session. More to come.

    WildlifeReduce Toxic Shot -- SUPPORTWith the Trumpeter Swan Society we continue to advance the dialogueabout preventing further contamination of critical bird habitat by toxicshot in Washington, and how to identify and remediate the lead hot-spothat have caused fatalities of more than 1,400 trumpeter swans in the pa

    five winters, over 100 so far this winter.

    Two bills are expected from Representative Ruth Kagi (D-32) in thecoming weeks. One will focus on increasing restrictions on the use oftoxic lead shot. The other will create an economic disincentive for leadpurchasers and a revenue stream for the Department of Fish and WildliTrumpeter Swan research and lead remediation program.

    Audubon will work with the hunting caucus and Rep. Kagi to find wayto reduce toxic shot and to protect Trumpeter Swans.

    SB 5216 -- OPPOSE

    Prohibiting the introduction of the gray wolf into WashingtonThe bill is not needed as no one is considering a reintroduction in

    Washington. This bill bypasses public process. Wolves hold a specialplace in the hearts of many Washington citizens. If any decision is evebe made on wolf management it should be done with a full public proceacross the state and in the context of all the best scientific options.

    Furthermore, gray wolves are a missing part of Washington's ecosystemwhich if well managed could have surprising ecological benefits. InYellowstone National Park, rangers and ecologists were surprised toobserve that the gray wolf reintroduction positively impacted riparianareas by keeping overgrazing elk at bay.

    SB 5448 -- SUPPORT

    Grants for grizzly bear education in the North CascadesThe bill provides $45,000 to fund community outreach and educationregarding grizzly bears.

    BILL TITLESPONSOR

    (COMBINED)OUR

    POSITION

    HB 1083Hydraulic

    projectapproval

    Blake OPPOSE

    HB 1118Gravel inwaterways

    Ericksen OPPOSE

    HB 1263Hydraulic

    projectapprovals

    Upthegrove SUPPORT

    HB 1346

    Hydraulic

    projectapproval Buck OPPOSE

    HB 1354Flood control

    pilot programPearson CONCERNS

    SB 5095Hydraulic

    projectapproval

    Doumit OPPOSE

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    Audubon WashingtonsBirds Eye View February 4, 2005 Page 4 of

    Priorities for a Healthy Washington

    Priorities for a Healthy Washington are the environmental communitys 2005 legislative priorities. The public overwhelmingly support

    protections for people's health and this place we call home, and our elected leaders are starting to respond. Working together, we cancreate a model for the nation and a true legacy for generations to come.

    Cleaner Cars Cleaner Air

    Cars are part of our daily life, butautomobile emissions are taking atoll on our health and ourenvironment. Automobiles are thenumber one source ofWashington's air pollution.

    How this relates to birds and habitat:

    Helps wildlife by reducing global warming pollutionThe new clean car standards are expected to reduce globalwarming pollution from new cars by roughly 30% by 2016.Unchecked climate disruption is a major threat to Washingtonseconomy and environment. Washington and Oregons Cascadesnowpack which drives our power, water, agriculture, andhabitat systems is projected to decline by 59% by the 2050swithout swift action.

    Helps wildlife by improving air qualityClean car standards also reduce smog-forming pollution. Withsome areas in Washington nearly out of compliance with clean airlaws and an urgent need to reduce global warming pollution, ourair resources are finite.

    The Legislation:HB 1397 - SupportSponsored by Representative Murray (D-43)Hearing, 02/17/05 3:30 PM

    SB 5397 - SupportSponsored by Senator Rockefeller (D-23)Hearing, 02/09/05 3:30 PM

    Provides that, pursuant to the federal clean air act, the legislature

    adopts the California motor vehicle emission standards effectiveJanuary 1, 2005. Provides that, by December 31, 2005, thedepartment of ecology shall adopt rules to implement theemission standards of the state of California for passenger cars,light duty trucks, and medium duty passenger vehicles, and shallamend the rules from time to time, to conform to the requirementsof the federal clean air act. Rules shall be applicable to motorvehicles with a model year 2009 and later.

    Sustainable and Efficient Green

    Buildings

    The buildings where we work andgo to school matterto oureconomy, our environment, ourhealth, and our productivity. High

    performance green buildings savemoney by using energy and water

    more efficiently and by creatinghealthier, more productive working environments thanconventional buildings.

    How this relates to birds and habitat:Cleaner air and water and healthier forests for wildlifeThese focus on increased water and energyefficiency. Thereby increasing the amount of water availableto wildlife and improving the quality of the water that is used

    by these buildings. The Energy efficiencies, reduces toxics inthe air, reducing global warming emissions, helping to curb thclimate destabilization that is beginning to impact birdmigration and nesting patterns.

    The Legislation:HB 1272 - SupportRepresentative Dunshee (D-44)Was heard in committee January 31st, and is scheduled forexecutive session in committeeFebruary 10th

    SB 5509 - SupportSponsored by Senator Poulsen (D-34)Hearing, 02/17/05 10:00 AM

    This legislation will require new state agency and highereducation buildings 5,000 square feet and larger, as well assignificant remodels, to achieve a LEED Silver certification.The requirements for K-12 school buildings will be phased inover time, and schools can choose between the LEED Silvercertification and a local rating system tailored to schools. Wewill also build on previous capital budget investments in K-12high performance green buildings.

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    Sound Solutions: SavingHood Canal and Puget Sound

    Puget Sound is in trouble and actionneeds to be taken now.

    How this relates to birds and

    habitat:More productive marine food chainProtection and restoration of Hood

    Canal and Puget Sound have direct links with wildlife conservation.Restoration of dissolved oxygen levels will result in a more

    productive marine food chain. This in turn will lead to higherdensities of marine plants, invertebrates, and small fish, which arethe food source for dozens of bird speciesloons, grebes,cormorants, herons, swans, geese, ducks, gulls, terns, plovers,sandpipers, kingfishers, and seabirds such as the threatened MarbledMurrelet. This food chain also feeds salmon, which are a major foodsource for ospreys and eagles.

    The Legislation:HB 1458 - SupportSponsored by Representative Hunt (D-22)Hearing 02/10/05 8:00 PM

    SB 5431 - SupportSponsored by Senator Spanel (D-40)Hearing 02/10/05 10:00 PMThis legislation enhances authority to control on-site septic systems.It should provide clear authority for the state to regulate on-siteseptic pollution as well as provide new tools to help local authoritiesdevelop solutions. In areas of special concern, local governmentsshould develop enhanced programs approved by the state. Septicsystems in these areas should be inspected and maintained on aregular basis.

    HB 1639 - SupportSponsored by Representative Upthegrove (D-33)

    Hearing 02/15/05 1:30pm

    SB 5619 - SupportSponsored by Senator Kline (D-37)No hearing scheduledStrengthening protections for watersheds and water quality aroundPuget Sound. The State needs to establish clear water qualityobjectives and provide adequate direction to local governments aboutstrategies to control stormwater and other sources of non-pointpollution, particularly including measures to limit conversion ofworking forestlands. Additionally, landowners should receive taxincentives for voluntary conservation efforts along shorelines.

    Priorities for a Healthy Washington cont.

    Banning Toxic Flame Retardants

    PBDEs are persistent toxic chemicalused as flame retardants in countlessconsumer products includingtelevisions, computers, furniture, andcarpet. These toxic flame retardants -chemical cousins of the now bannedPCBs - are rapidly building up in our

    bodies, food supply, and wildlife.

    Phasing out PBDEs is both feasible and beneficial to the people

    Washington. Levels of PBDEs in the environment and in peoplewill decline if Washington State bans all PBDEs now. It is possito meet the standards of fire safety and have healthier children ansafer breast milk by phasing out toxic flame retardants. Companlike Dell and Ikea are already phasing out PBDEs. Major publichealth organizations like Washington Chapter of the AmericanAcademy of Pediatrics are calling for a ban on all PBDEs.

    How this relates to birds and habitat:PBDE levels found in wildlifeStudies in wildlife have shown that PBDE levels are rising atalarming rates, doubling every one to five years. In the ColumbiaRiver system, levels of PBDEs in fish doubled in a mere 1.6 yeaHigh levels of PBDEs have also been documented in studies oforca whales, salmon, peregrine falcons, terns, osprey, and otherwildlife.Studies of gulls in polar regions have shown extensivedeca-BDE contamination in livers, plasma, and eggs. Also, recenfindings show that polar bears are contaminated with deca-BDE.

    The Legislation:HB 1488 - SupportSponsored by Representative Hunter (D-48)Hearing 02/17/04 8:00 PM

    SB 5515 - SupportSponsored by Senator Regala (D-27)Hearing 02/17/04 10:00 PMLegislation is needed to ban all PBDEs by 2006. Despite avoluntary phase-out of two forms of PBDEs, the public will not

    protected from toxic flame retardants linked to brain and nervedamage if Washington fails to ban the third and most heavily useform called deca-BDE (deca). Eighty percent of all deca use is foconsumer electronics and a ban on this use is slated to take effecin Europe in 2006. Washington should join other governmentsaround the world by banning all PBDEs, especially deca.

    Audubon WashingtonsBirds Eye View February 4, 2005 Page 5 of

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    Audubon WashingtonsBirds Eye View January 21, 2005 Page 5 of

    One of former Governor Locke's last taskswas to submit to the legislature a proposed

    budget. We are currently working withGovernor Gregoire's administration toraise awareness of these programs that

    protect birds, wildlife, habitat,environmental education, watchablewildlife opportunities, and public safety.We expect a proposed budget fromGovernor Gregoire sometime around the

    first of March. Here is a reminder of Audubon's budget priorities for2005.

    Capital BudgetSeward Park Audubon Nature Center ($500,000)(Locke's proposal: $0)Audubon continues to support a growing network of nature centersthat function as nature-based community centers where families andstudents can safely explore the natural world. The recent ReportCard on the Status of Environmental Education in Washington Stateshowed that these learning centers help student achievement byproviding opportunities for real-world application of book andclassroom learning.

    The Seward Park Audubon nature center in SE Seattle will servethousands of students and families each year.

    All the legislators from the 37th, 41st and 11th legislative districtsare requesting $500,000 in capital funds to renovate an existingbuilding at Seward Park in SE Seattle.

    Operating BudgetState Parks Beach Safety, Education and Enforcement$891 General Fund State (GFS) & Transportation 108(Locke's Budget: $891 increase)This $891,000 State Parks Ocean Beach request supports State Parksand local counties to increase beach patrols, educate the public aboutbeach driving rules to protect the safety of beach-users and sensitivebird habitat.

    Department of Natural ResourcesGravel Mining ProgramAggregate resource mapping & programmatic EIS$1,300,000 and 6.8 full time employees (FTEs)(Locke: $0--no change)We support an agency request for funding to complete a statewideresource inventory and mapping of all gravel deposits inWashington. This will provide jurisdictions, the industry, andconcerned citizens with the scientific tools necessary to update theirComprehensive Plans, and designate Resource Lands of Long TermSignificance.

    Washington Department of Fish and Wildlife (WDFW)2010 Olympics/Skagit County wildlife viewing$340,000 (GFS/Wildlife Account State [WLS])(Locke: $0)We are about to sign a watchable wildlife memorandum ofagreement with several state agencies to direct our collaboration othe Great Washington State Birding Trails program and theWatchable Wildlife Plan Implementation. We need more money tmarket and promote wildlife viewing opportunities. We are almosout of our five-year supply Cascade Loop Maps in three years.

    Lead shot poisoning studies and remedial action$90,000 (WLS)

    (Locke: $0)WDFW and Canada's Wildlife Service are tracking TrumpeterSwans identify where lead "hot spots" might be. Due to decades ohunting with toxic lead shot, Trumpeter Swans are dying of lead

    poisoning. We are also working with legislators to find other wayto solve this problem.

    Local Conservation and Education Project$300,000 and 1.5 FTEs (GFS)(Locke: $0)Provides funding for citizen science and environmental educationcoordination.

    New License Plate Options*Combining background plates $240 (WLS)*Orca Special background license plates $300,000 (WLS)*Watchable Wildlife background license plate $234,250 (WLS)(Locke: $30,000 WLS--.3FTE)Provides new revenues for Watchable Wildlife and habitat program

    Office of Superintendent of Public Instruction (OSPI)Environmental Education Partnership Fund$250,000 (GFS)(Locke: $0)Grant fund for environmental education programs aligned with thestate's learning requirements.

    Expanding Environmental Education Programs$156,460--1 FTE(Locke: $0)Critical position to allow OSPI to expand its support andcoordination for environmental education within public schools.

    Puget Sound Action Team (PSAT)Public Involvement and Education (PIE) Grants$500,00 (GFS)(Locke: $100,000 Water Quality Account)Restores funding to the PIE Grant fund to its historic level.

    Audubon WashingtonsBirds Eye View February 4, 2005 Page 6 of

    Audubon's Budget Priorities

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    Audubon WashingtonsBirds Eye View February 4, 2005 Page 7of

    PSAT cont.

    Census of Burrow-nesting Seabirdsin Puget Sound$160,000 (GFS)(Locke: $160,000)We support this PSAT budget

    proposal to document the steep declinein these populations.

    Long Term Monitoring of PugetSound Marine Birds and Waterfowl$175,000 (GFS)(Locke: $175,000)

    Without the long term monitoring of marine birds and waterfowl

    monitoring efforts we will never know if our statesenvironmental programs are working.

    Orca Conservation, Recovery and Monitoring$350,000 (GFS)(Locke: $0)Orca populations in Puget Sound have declined by 18% in recent

    years. WDFW and PSAT must be funded to complete an Orcarecovery plan. The plan will assist all species dependent on ahealthy Puget Sound.

    Eco-Regional Assessment Implementation Guidance to

    Counties$400,000 (GFS)(Locke: $0)We support funding to implement the Eco-Regional Assessmenmapping project so other counties in Puget Sound can benefitfrom WDFWs work.

    Budget Priorities cont.

    WHAT YOUCAN DO:

    Call the legislative hotline

    and ask your legislators to:* read Birds Eye View

    * support your areas of concern

    * support Audubon WAs budget priorities

    1-800-562-6000

    At its January 13th meeting in Lacey, the Washington State Parksand Recreation Commission considered a proposal to allowrecreational placer mining on Washingtons Pacific beaches.Mining is currently prohibited on lands under the Commissionsjurisdiction.

    Mining interests asked the Commission to conduct a pilot projectin which miners would could extract mineral sands fromintertidal areas with power suction dredges, then pump sand andwater through sluice boxes on the beach to extract valuablemetals. The miners provided testimony arguing that this is a

    recreational activity with no profit motive, and that it has noadverse environmental impact. They proposed that this miningactivity be permitted on all outer coast state beaches followingthe pilot.

    Grays Harbor Audubon (Dean Schwickerath) and AudubonWashington (Tim Cullinan) delivered testimony noting thatmining violates the Commissions mandate to preserveWashingtons beaches for future generations. We pointed out thelikely adverse impacts on birds such as Snowy Plovers andSanderlings, and that mining will conflict with existing

    recreational uses. Finally, we reminded the Commission of thecosts associated with amending current policySEPA review,

    public hearings, obtaining water quality and discharge permits,and enforcement (in the past 15 years the use of Washingtons

    beaches has increased 39%, but enforcement funds have declin50%).

    We are happy to report that our testimony had its intended effethe motion to proceed with the pilot mining project failed. So fnow, you wont be seeing suction dredges and sluice boxes whyou walk on our state beaches. However, the miners are now

    trying to bring their case directly to the legislature.

    HB 1422 - OpposeThis bill has been introduced to allow this mining activity. Staytuned for more information.

    No Mining on Washingtons Pacific BeachesFor Now

    In the past 15 years the use ofWashingtons beaches has increased

    39%, but enforcement funds havedeclined 50%.

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    Hot Tips for Legislative Advocacy

    Audubon WashingtonsBirds Eye View February 4, 2005 Page 8 of

    Connect With Your Legislators At These Events!

    THE ENVIRONMENTAL COMMUNITY

    INVITES YOU TO ATTEND THEIR

    THURSDAY, FEBRUARY 17TH, 2005

    5:00 PM - 8:00 PM

    WOMENS CLUB OF OLYMPIA, 1002 WASHINGTON STREET SE,

    JUST TWO BLOCKS FROM UNITED CHURCHES

    This event is ORGANIZED BY Audubon Washington and SPONSORED BY 1000 Friends of Washington, American Rivers, AudubonWashington, Center for Environmental Law & Policy, Climate Solutions, League of Women Voters of Washington, NW Energy

    Coalition, Northwest Ecosystem Alliance, People For Puget Sound, Sierra Club, Transportation Choices Coalition, WashingtonConservation Voters, WashPIRG, Washington Environmental Council, Washington Citizens for Resource Conservation, WashingtonToxics Coalition.

    COMPLIMENTARY COCKTAILS, SNACKS, AND DOOR PRIZES PROVIDED

    LEGISLATIVE RECEPTION

    Priorities for a Healthy Washington

    Washington Wildlife and

    Recreation Program Lobby Day

    Date: Tuesday, February 22Location: United Churches of

    Olympia, 110 11th Ave SE

    To register for the Coalition's Lobby Day, contact us at(206) 748-0082 [email protected] Or, visitthe News Page at www.WildlifeRecreation.organd printand complete the Lobby Day Registration Form. Fax to:(206) 748-0580 or mail to: Washington Wildlife andRecreation Coalition, 811 First Avenue, Suite 262Seattle, WA 98104

    Legislators wantto hear fromtheir constituents! What better

    way than to show your presence

    at these events. Your legislatorscannot represent you effectively

    if they do not know what isimportant to you. There is

    power in your voiceand your presence.

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    Audubon WashingtonsBirds Eye View February 4, 2005 Page 10 o

    A Critical Habitat Designation

    from the US Fish and WildlifeService is important forthreatened and endangeredspecies in our country. Itsometimes determines wherefunds and staff are directed,and helps determine grantfunding.

    For snowy plovers on the west coast of the US, where thebirds are declared Threatened, the Critical Habitat designationsfor our state are about to be made. (Right now, due to legal

    challenge a couple of years ago, we have zero Critical Habitatareas for this bird in Washington.)

    Letters of support, saying generally that such designationshould be made for the areas proposed, could help ensure thatoccurs. If you agree, please consider writing.

    Comments due February 15th, 2005.

    Send email comments to:

    [email protected]

    or mail comments to:Wayne White, Field Supervisor,Sacramento Fish and Wildlife Office,

    2800 Cottage Way, W-2605,Sacramento, CA 95825.

    SUMMARY: We, the U.S. Fish and Wildlife Service (Service),

    propose to designate critical habitat for the Pacificcoast distinct population segment of the western snowy plover

    (Charadrius alexandrinus nivosus) pursuant to the

    Endangered Species Act of 1973, as amended (Act).

    In developing this proposal, we evaluated those lands

    determined to contain habitat features essential to theconservation of the Pacific coast population of the western

    snowy plover to ascertain if any specific areas are appropriate

    for exclusion from critical habitat pursuant to section 4(b)(2)of the Act. Section 4(b)(2) requires us to take into accounteconomic and other impacts resulting from designation, and

    allows us to exclude areas with essential habitat features if the

    benefits of exclusion outweigh those of designation.

    Additionally, the newly amended section 4(a)(3) requiresexclusion of military lands subject to an Integrated Natural

    Resources Management Plan (INRMP) that benefits the

    species. We have excluded several units based on these

    provisions.Additionally, we have considered, but are not proposing,

    several areas that were either unoccupied at the time of list

    (1993) or are unoccupied now. We include descriptions andmaps of these areas and are soliciting public commentregarding the appropriateness of including any of these are

    in the final critical habitat designation. We propose to

    designate approximately 17,299 acres (ac) (7,001 hectares(ha)) within 35 units along the coasts of California, Oregon

    and Washington.

    This rule is being proposed pursuant to a court order issued

    July 2003, partially vacating critical habitat established for

    Pacific coast population of the western snowy plover andremanding the previous designation of critical habitat for

    preparation of a new analysis of the economic impacts (CooCounty Board of County Commissioners et al. v. Departmenof the Interior et al.).

    If this proposal is made final, section 7 of the Act would

    prohibit destruction or adverse modification of critical

    habitat by any activity authorized, funded, or carried out by

    any Federal agency. As required by section 4 of the Act, wewill consider the economic and other relevant impacts prior

    making a final decision on what areas to designate as critic

    habitat.

    We hereby solicit information and comments from the publi

    on all aspects of this proposal, including data on the economand other impacts of designation as well as any benefits of t

    designation (see Public Comments Solicited section below).

    We are also specifically soliciting public comments on theappropriateness of excluding lands covered by certain

    approved and pending habitat conservation plans or

    management plans, and Department of Defense lands pursu

    to section 4(b)(2) and 4(a)(3) of the Act from this proposeddesignation.

    We may revise this proposal prior to final designation to

    address new information received during the comment perio

    In the development of our final designation, we will addressany new information received during the public comment

    periods, or from our evaluation of the potential economic

    impacts of this proposal. As such, we may revise this propos

    to address new information and/or to either exclude additioareas that may warrant exclusion pursuant to section 4(b)(2

    or to add in those areas determined to contain essential hab

    features but excluded from this proposal.

    For more information please visit online at:http://policy.fws.gov/library/04-26877.pdf

    Snowy Plover Critical Habitat Designation--Comments Needed

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    How can people takeresponsibility for their rolein the dynamic of plantdistribution on this earth?This is a question which isbecoming more and morecritical as humans and theirlandscapes, both agriculturaland ornamental, becomeever more encompassing ofthe earths surface. Manyintroduced plants escape

    gardens and impactwildlands changing the flora and thus the fauna inhabiting thosewildlands. In fact, estimates are that about 65% of invasiveplants in wildlands were originally introduced as garden plants.

    The Washington State Nursery and Landscape Association(WSNLA) has launched a pilot project to coordinate work anddevelop awareness about non-native invasive plants. TheWSNLA task force will be working with a select group ofnurseries in Western Washington who will trial the VoluntaryCodes of Conduct for Nursery Professionals, developed at aworkshop at the Missouri Botanical Garden(http://www.centerforplantconservation.org/invasives/ ).

    The goal of this project is to test how nurseries can aid inavoiding the use of plants identified as invasive or potentiallyinvasive. The experience of the nurseries in the pilot project toprovide non-invasive alternatives to invasives will be assessedso that other nurseries can learn methods by which it is possibleto remove invasive plants from the marketplace.

    The first step was to assess some species and determine theirinvasive ability in Western Washington. Using methodsmodified from those originally developed by The NatureConservancy, four species have been selected for the pilot

    project:Buddleia davidii (Butterfly Bush),Foeniculum vulgare (Fennel), Hedera hibernica and selectedHedera helix cultivars(Atlantic Ivy and select cultivars of English Ivy), andIlexaquifolium (English Holly). Do you have any of these plants inyour garden? Do you know if the cultivars you are growing arethose which are not invasive? It can be an interesting processlearning what you have growing in your garden and what plantsyou might grow which will not escape your landscape. Thereare an almost endless variety of plants you can grow for foodand ornament which are not invasive.As a gardener concerned about the responsible use of plants for

    ornament and the table, you can have an enormous impact onwhether invasive plants are sold in local nurseries. You cansupport the removal of invasives from retail sales by asking ththe people from whom you buy plants be informed about thebehavior of the plants they sell both in your garden and beyon

    Horticulturalists are interested in providing their customers withe plants they desire, and if you ask questions about theinvasive potential of the plants you purchase, then the people the nurseries you frequent will respond. Employees at each ofthe participating nurseries will be able to suggest wonderfulplants you might use instead of those on the avoidance list,

    plants which do not have a propensity for escaping into naturalandscapes.

    Additionally you might take samples of the above plants toother nurseries and ask the people there about what alternativethey might suggest and let them know you are concerned aboumaking wise choices for your garden and for the natural worldsurrounding your garden. In the coming weeks you will be abto visit the website of the Invasive Species Coalitionwww.invasivespeciescoalition.org to learn more about the plawe suggest you avoid and alternatives you might choose.

    The people in the horticultural business active in this project tmake nature-friendly plants available include people from retanurseries, growers, and wholesale brokers of plants. BriggsNursery, McComb Road Nursery, Northwest Nurseries, LovejNursery, Molbaks Nursery, Sunbreak Nursery, and WellsMedina Nursery, have volunteered thus far to be a part of thisproject. Other nurseries may join this effort; check the websitabove in the coming months to learn of other nurseries whichhave agreed to participate.

    Tanya DeMarsh-Dodson is coordinating the pilot project andSarah Reichard is a professor at UWs Center for Urbanhorticulture and a member for the WSNLA Task Force.

    Invasive Plants! What can we do to retain the flora which sustains wildlife andcharacterizes the places we call home? By Tanya DeMarsh-Dodson and Sarah Reichard

    It is estimated thatabout 65% of

    invasive plants inwildlands were

    originallyintroduced asgarden plants.

    Audubon WashingtonsBirds Eye View February 4, 2005 Page 11 of

    Visit the website of theInvasive Species Coalition

    www.invasivespeciescoalition.orgto learn more.

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    Audubon Washington is a partnership of the Washington state office of theNational Audubon Society and Washingtons 25 independent Audubon Chapters.

    Audubon Washington Policy Staff:

    Nina Carter Heath Packard Lisa RemlingerExecutive Director Field Director / Lobbyist Policy Intern / BEV Editor(360) 789-0792 (360) 790-5680 (360) 786-8020 ext. [email protected] [email protected] [email protected]

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    Mission of the National Audubon Society

    To conserve and restore natural ecosystems, focusing onbirds, other wildlife, and their habitats for the benefit ofhumanity and the earths biological diversity .

    Audubon WashingtonsBirds Eye View February 4, 2005 Page 12 of