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Tucson Audubon Society Frequently Asked Questions Pertaining to Private Property and Public Lands Management Background Important Bird Areas (IBA) are sites throughout the country that have been identified by scientists as being important to the long-term sustainability of our bird populations. Each state has a scientific review (or technical) committee, which reviews and evaluates nominated areas for their success in meeting science-based criteria developed by the committee that include: sites that support species of special conservation status, sites of significant bird concentration or avian diversity, or sites that have rare or unique habitat with associated birds. Those sites approved by the committee are Identified Important Bird Areas in Arizona by National Audubon Society's Arizona IBA Program. Most IBAs in Arizona are located on public lands; some IBAs have interspersed public/private lands; and others are privately-owned. Upon approval by any of the landowners or land managers, only those portions within the "identified" IBA become a Recognized Important Bird Area, and will be publicized as such. Areas identified as IBAs, but lacking support for recognition, will NOT be included in the delineation of a recognized IBA. Private property will not be delineated under "Identified" IBA status unless that landowner wishes to support being a part of the Recognized IBA. Thus, private lands within an "Identified" IBA are not officially a "Recognized Important Bird Area" unless a private landowner accepts this recognition. There are instances where the ecologically-based area (i.e., watersheds, river corridors, mountain ranges, marshes, grassland, etc.) determined by the Scientific Review Committee as defining the "identified" IBA may include private lands within, but those lands will not be a part of the "Recognized" IBA until such support is received from the landowner. Any maps of the IBA distributed for the public will be ecologically-based maps, and they will not delineate private land. Information about any Recognized IBA will state the following: "Private land inclusion does not indicate Recognized IBA status, which is pending individual landowner approval." Public lands will be identified in the program. "Recognized" Important Bird Areas (or sub-components) are the lands within the Identified IBA where landowners have agreed to be included in the Recognized IBA. 1. How does an IBA affect my private property rights? IBA status has no effect on private property rights. The IBA is a science-based recognition program only. IBA status (both "identified" and "recognized") has no regulatory aspect whatsoever. Participation in the program in terms of IBA recognition is voluntary. Our science-based assessment defines areas that meet ornithological criteria that have practical long-term conservation potential. The program highlights important areas for bird conservation, and gives recognition to the landowners for the good land stewardship that is likely responsible for the area's importance to birds. Some landowners may agree to have their property included in the recognized IBA, but choose not to have their name or property identified specifically thus assuring their privacy. Others may want to have their property included in the IBA, and would like to have their name associated with their property inclusion in the IBA because they want to publicly support the program, and the publicity may be beneficial for their business, e.g., lodges, bed & breakfasts, retreat centers, or businesses promoting an operation that is run in an ecologically sensitive and compatible manner with wildlife conservation. 2. What if a bird that is listed under the Endangered Species Act is observed on my property due to conservation actions taken nearby, am I now going to be responsible for managing an endangered bird, and if so, how will that affect my private property rights? Will I be compensated for that? Audubon's IBA Program is not part of the Endangered Species Program, which is administered primarily by the U.S. Fish and Wildlife Service. The IBA program serves to identify areas of highest interest and potential for avian conservation, and to work with IBA land managers to assist in the long-term sustainability of the habitats therein. The U.S. Fish and Wildlife Service offers several tools for private landowners to ensure that private property rights are maintained, such as Safe Harbor Agreements, which guarantee the landowner the right to maintain his or her property in the condition prior to the observation of any endangered species. Please visit http://endangered.fws.gov/landowner/index.html#tools for more information. The overwhelming majority of the birds that the IBA Program tries to conserve through this program are not federally-listed Endangered or Threatened species. As we move forward towards our goal of conserving and restoring important habitat, more habitats will be managed wisely for sustainable resources, which should help Endangered and Threatened species recover, and therefore may actually help remove listed species from the Endangered Species Act. In the case of riparian habitat, with 95% of Arizona's riparian habitat degraded or lost, any efforts to enhance or restore riparian habitat is positive for many species of fish and wildlife, including game, non-game, non-listed, and listed species. Such habitat restoration also benefits the environment in which humans live (preventing desertification, preventing erosion and loss of land, providing flood protection, retaining surface water for continued human water supply, stabilizing ground water tables, providing shade, and ameliorating extreme heat, cold, and wind). The IBA Program has found that its greatest success in pursuit of wildlife habitat conservation, enhancement, and restoration across the nation has come from working with private landowners in partnership to achieve mutually respected goals. Some partnerships have even resulted in grant funding for landowners who wish to restore their land, which provides not only for increased resources for human uses, but also improved habitat for species of conservation concern. 3. What if I, as a private landowner, do not want any publicity at all for the IBA where I live, even if the identified area is all on federal land adjacent to my property? I'm concerned about people trespassing on our private land. Private property and privacy concerns are valid. No publication of directions to private property will be published, unless the party specifically desires to be a visited location by wildlife enthusiasts (such as a Bed & Breakfast operation or outfitting guide service). Publicity given to public lands is unavoidable, and in fact it may be desirable and beneficial for these lands. We believe recognition will provide support for their continued good stewardship, and in fact may assist in reducing the continued listing of species under the Endangered Species Act. In some cases where overuse by birdwatchers are already a significant management issue, we will consider how recognition of a larger ecological unit or complex of sites in larger area could alternatively be given IBA status, and may therefore broaden birder use thus reducing impacts at a given spot. Realistically, sites that are well-known to birders as "good birding areas" (those areas that not only hold a variety of birds but are also easily accessed with visitor services) are going to remain popular with birders, regardless of IBA status. Most "good birding areas" are published in a diverse array of media (increasing every day); the scientific recognition of the IBA Program is likely to add little to their visitation levels. In unique instances, Audubon may partner with landowners and communities who wish to boost compatible local eco-tourism based around a recognized IBA and wildlife viewing opportunities, with a common goal of ensuring the long-term conservation of the IBA. The IBA Program recognizes the importance of publicizing good birdwatching etiquette, encouraging proper behavior to not only respect private property but to also respect the needs of the birds for their reproduction, feeding, and overall survival; and to protect sensitive habitats. We will work with the eight Audubon Chapters in Arizona and the Audubon Arizona state office to educate birdwatchers on proper etiquette and ethics when visiting any site within an IBA, and to respect private property rights and privacy concerns. It will remain the responsibility of public land managers to devise appropriate management actions to protect these resources from disturbance and overuse for which they are entrusted. However, we (Audubon in Arizona) plan to be an active partner in helping devise management strategies to prevent disturbance or other impacts to the birds and other wildlife that we seek to conserve and protect. 4. How can a public land management agency integrate an IBA in their planning efforts? What management actions can the agency consider (or should evaluate)? There are no regulatory requirements set by the IBA Program; one of the IBA Program's goals is to encourage and facilitate partnerships for long-term conservation of these sites. The IBA status can be integrated into land management plans and site-specific projects in the following ways:
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