HOUSE BILL NO. 67

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H0067...........................................................by MR. SPEAKER
               Requested by: Department of Parks and Recreation
PLANT MANAGEMENT - Amends existing law to provide that it is the duty of the
Department of Fish and Game to protect wild flowers and to assume authority
for plant life biological and species management issues; and to remove
authority of the Department of Parks and Recreation for policy and state
management plans on threatened and endangered species.
                                                                        
01/06    House intro - 1st rdg - to printing
    Rpt prt - to Res/Con
01/28    Rpt out - rec d/p - to 2nd rdg
01/29    2nd rdg - to 3rd rdg
01/30    3rd rdg - PASSED - 62-6-2
      AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black, Block,
      Boe, Bolz, Bradford, Campbell, Cannon, Clark, Crow, Cuddy, Deal,
      Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake,
      Langford, Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell,
      Nacarrato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
      Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- Barrett, Denney, McKague, Moyle, Sali, Tilman
      Absent and excused -- Collins, Jones
    Floor Sponsors - Langhorst & Campbell
    Title apvd - to Senate
01/31    Senate intro - 1st rdg - to Res/Env
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, McKenzie, McWilliams,
      Noble, Noh, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet,
      Werk, Williams
      NAYS -- None
      Absent and excused -- Davis, Marley, Sorensen
    Floor Sponsor - Pearce
    Title apvd - to House
03/19    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed
03/24    To Governor
03/27    Governor signed
         Session Law Chapter 129
         Effective: 07/01/03

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 67
                                                                        
                                       BY MR. SPEAKER
                      Requested by: Department of Parks and Recreation
                                                                        
  1                                        AN ACT
  2    RELATING TO SPECIES CONSERVATION; AMENDING SECTION  18-3913,  IDAHO  CODE,  TO
  3        PROVIDE  THAT IT IS THE DUTY OF THE DEPARTMENT OF FISH AND GAME TO PROTECT
  4        WILD FLOWERS AND TO PROVIDE A CORRECT  CODE  REFERENCE;  AMENDING  SECTION
  5        36-2402, IDAHO CODE, TO REMOVE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT
  6        OF PARKS AND RECREATION FOR ESTABLISHING A DELISTING ADVISORY TEAM; AMEND-
  7        ING  SECTION 36-2404, IDAHO CODE, TO REMOVE AUTHORITY OF THE DEPARTMENT OF
  8        PARKS AND RECREATION FOR PROVIDING DELISTING ADVISORY TEAMS AND TO  TRANS-
  9        FER  AUTHORITY  FOR PLANT LIFE BIOLOGICAL AND SPECIES MANAGEMENT ISSUES TO
 10        THE DEPARTMENT OF FISH AND GAME; AMENDING SECTION 36-2405, IDAHO CODE,  TO
 11        REMOVE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF PARKS AND RECREATION
 12        FOR  SPECIES MANAGEMENT PLANS; AND AMENDING SECTION 67-818, IDAHO CODE, TO
 13        REMOVE AUTHORITY OF THE DEPARTMENT OF PARKS AND RECREATION FOR POLICY  AND
 14        STATE  MANAGEMENT  PLANS  ON THREATENED, ENDANGERED AND PETITIONED SPECIES
 15        AND TO TRANSFER AUTHORITY FOR PLANT LIFE BIOLOGICAL AND SPECIES MANAGEMENT
 16        ISSUES TO THE DEPARTMENT OF FISH AND GAME.
                                                                        
 17    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 18        SECTION 1.  That Section 18-3913, Idaho Code, be, and the same  is  hereby
 19    amended to read as follows:
                                                                        
 20        18-3913.  WILD  FLOWERS PROTECTED -- AMENDED LIST -- DUTY OF PARKS DEPART-
 21    MENT OF FISH AND GAME. (a) In order to further protect native wild flowers and
 22    shrubs from needless destruction and waste, the parks department of  fish  and
 23    game  may,  after investigation and public hearings and in accordance with the
 24    provisions of this act, establish and amend a list of wild flowers and  shrubs
 25    in  addition  to  those  listed  in section 1(3) of this act 18-3911(3), Idaho
 26    Code. The provisions of this act will then  apply  to  such  "established"  or
 27    "amended" list.
 28        (b)  In  determining  additions  to  the  list  of  wild flowers set forth
 29    herein, the parks department of fish and game may take into consideration:
 30        (1)  The laws and regulations of the United States and other states.
 31        (2)  The effect on the scenic beauty of public roads and public land.
 32        (3)  The necessity to preserve  and  protect  native  plants  whenever  it
 33        appears that they might possibly become extinct.
                                                                        
 34        SECTION  2.  That  Section 36-2402, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        36-2402.  DELISTING ADVISORY TEAM -- DUTIES -- MEMBERSHIP. (1) The  direc-
 37    tor of the department of fish and game for animal species or the department of
 38    parks  and  recreation  for and plant species, in cooperation and consultation
 39    with the governor's office of species conservation, may establish a  delisting
 40    advisory  team (DAT) of no more than nine (9) members for a threatened species
 41    or endangered species, to recommend an appropriate  state  species  management
                                                                        
                                           2
                                                                        
  1    plan  for a listed species in response to a notification from the secretary of
  2    interior or secretary of commerce of intent to delist the species or sooner if
  3    deemed appropriate.
  4        (2)  The delisting advisory team members shall be  broadly  representative
  5    of  the  constituencies  with an interest in the species and its management or
  6    conservation  and in the economic or social impacts of management or conserva-
  7    tion including, where appropriate, depending on the specific  species,  repre-
  8    sentatives  of  tribal  governments, local governments, academic institutions,
  9    private  individuals  and  organizations  and  commercial   enterprises.   The
 10    delisting advisory team members shall be selected based upon:
 11        (a)  Their knowledge of the species;
 12        (b)  Their  knowledge  and  expertise in the potential conflicts between a
 13        species' habitat requirements or management and human activities;
 14        (c)  Their knowledge and expertise in the interests that may  be  affected
 15        by species management or conservation; or
 16        (d)  Other  factors  that may provide knowledge, information, or data that
 17        will further the intent of this act.
                                                                        
 18        SECTION 3.  That Section 36-2404, Idaho Code, be, and the same  is  hereby
 19    amended to read as follows:
                                                                        
 20        36-2404.  STATE  DELISTING MANAGEMENT PLAN REQUIREMENTS. (1) The delisting
 21    advisory team shall develop a state management plan for a species in  response
 22    to  all notification of intent to delist the species by the secretary of inte-
 23    rior or secretary of commerce or sooner if deemed appropriate. The state  man-
 24    agement  plan shall provide for the management and conservation of the species
 25    once it is delisted, and contain sufficient safeguards to protect the  health,
 26    safety,  private property and economic well-being of the citizens of the state
 27    of Idaho.
 28        (2)  The department of fish and game or the department of parks and recre-
 29    ation, as appropriate, shall provide the delisting advisory teams, the  infor-
 30    mational, technical or other needs and requirements of those teams in the per-
 31    formance of their duties.
 32        (3)  In  developing  state delisting management plans, the delisting advi-
 33    sory team shall consult with the appropriate state agencies,  commissions  and
 34    boards.  The appropriate state agency for wildlife biological and species man-
 35    agement issues, and for plant life biological and species management issues is
 36    the department of fish and game. The appropriate state agency for  plant  life
 37    biological and species management issues is the department of parks and recre-
 38    ation. The appropriate state agency for timber harvest activities, oil and gas
 39    exploration  activities  and for mining activities is the department of lands.
 40    The appropriate state agencies for agricultural activities are the  department
 41    of  agriculture  and  the  soil conservation commission. The appropriate state
 42    agency for public road construction  is  the  transportation  department.  The
 43    appropriate  state  agency  for  water  rights  is  the  department  of  water
 44    resources. The appropriate state agency for water quality is the department of
 45    environmental quality. The appropriate state agency for outfitting and guiding
 46    activities is the Idaho outfitters and guides licensing board.
                                                                        
 47        SECTION  4.  That  Section 36-2405, Idaho Code, be, and the same is hereby
 48    amended to read as follows:
                                                                        
 49        36-2405.  RECOMMENDATION ON MANAGEMENT PLANS. (1) The  delisting  advisory
 50    team  shall  submit  the  management plan to the director of the department of
 51    fish and game for animal species, or to the  director  of  the  department  of
                                                                        
                                           3
                                                                        
  1    parks and recreation for plant species, for review and recommendation.
  2        (2)  The  director shall review the management plan and make a recommenda-
  3    tion  to the fish and game commission, or the board of parks  and  recreation,
  4    as  appropriate.  The director may recommend either approval of the management
  5    plan, or recommend to return the management plan  to  the  delisting  advisory
  6    team  for  further study and review, with instructions, prior to return of the
  7    species strategy or management plan to the directors.
  8        (3)  If the fish and game commission or the board of parks and  recreation
  9    finds that the management plan provides for the management and conservation of
 10    the  species when it is delisted by the secretary of the interior or secretary
 11    of commerce and that reasonable safeguards are included in the management plan
 12    to protect the health, safety, private property and economic well-being of the
 13    citizens of the state of Idaho, the fish and game commission or the  board  of
 14    parks and recreation, as appropriate, shall approve the management plan.
 15        (4)  If  the fish and game commission or the board of parks and recreation
 16    makes the finding required in subsection (3) of this  section,  the  fish  and
 17    game  commission or board of parks and recreation shall forward the state man-
 18    agement plan, to the governor's office of species conservation and the  legis-
 19    lature.  The  management plan is subject to legislative approval, amendment or
 20    rejection by concurrent resolution at the regular session immediately  follow-
 21    ing the commission's or board's finding and approval of the plan.
 22        (5)  The  governor's  office  of  species  conservation  may  petition the
 23    responsible public agencies to initiate rulemaking to facilitate the implemen-
 24    tation of the approved management plan.
 25        (6)  Each management plan developed pursuant to this chapter shall include
 26    a public education component that shall be developed and implemented in  coop-
 27    eration  with other appropriate bureaus of the department of fish and game. or
 28    department of parks and recreation.
 29        (7)  Nothing in this act shall be interpreted as granting  the  department
 30    of  fish  and game or the department of parks and recreation with new or addi-
 31    tional authority.
                                                                        
 32        SECTION 5.  That Section 67-818, Idaho Code, be, and the  same  is  hereby
 33    amended to read as follows:
                                                                        
 34        67-818.  COORDINATION OF POLICY AND PROGRAMS RELATED TO THREATENED SPECIES
 35    AND  ENDANGERED SPECIES IN IDAHO. (1) There is hereby created in the office of
 36    the governor, the "Office of Species Conservation." The administrator  of  the
 37    office  of  species conservation shall be the official in the state designated
 38    to oversee implementation of federal recovery plans, as provided in 16  U.S.C.
 39    section  1533(f),  and  to  fulfill  the  duties provided by this section. The
 40    administrator shall be appointed by, and serve at the pleasure of, the  gover-
 41    nor and shall be subject to confirmation by the state senate.
 42        (2)  The duties of the office of species conservation shall include:
 43        (a)  Coordination  of  all state departments and divisions with duties and
 44        responsibilities affecting endangered species, threatened species and spe-
 45        cies petitioned to be listed;
 46        (b)  Coordinating state implementation and response  to  federal  recovery
 47        plans,  biological  opinions,  guidance  and  projects among all state and
 48        local governments in the state of Idaho;
 49        (c)  Participation in regional efforts to cooperatively address endangered
 50        species and threatened species;
 51        (d)  Providing input and comment to federal and state agencies, and tribes
 52        on issues relating to endangered species, threatened species,  petitioned,
 53        rare and declining species;
                                                                        
                                           4
                                                                        
  1        (e)  Cooperating  and consulting with the departments of fish and game and
  2        parks and recreation regarding agreements pursuant to  16  U.S.C.  section
  3        1535;
  4        (f)  Negotiating  agreements  with  federal agencies concerning endangered
  5        species, threatened species and candidate species, including, but not lim-
  6        ited to, agreements pursuant to 16 U.S.C. section 1533(d)  and  16  U.S.C.
  7        section  1539(a),  other  than  those agreements negotiated pursuant to 16
  8        U.S.C. section 1535;
  9        (g)  Providing the people of the state of Idaho with an ombudsman who  can
 10        listen  to citizens being harmed or hindered by the regulations of the ESA
 11        and direct them to the appropriate state or federal agency and/or speak on
 12        their behalf, as deemed appropriate by the ombudsman, to address issues or
 13        concerns related to the ESA;
 14        (h)  Serve as a repository for agreements  and  plans  among  governmental
 15        entities  in the state of Idaho to conserve threatened and endangered spe-
 16        cies.
 17        (3)  State policy and management plans developed pursuant to this  section
 18    shall be developed in accordance with the following subsections:
 19        (a)  State  policy  on  threatened,  endangered and petitioned species and
 20        state management plans shall be developed in consultation with the  appro-
 21        priate  state agencies. The appropriate state agency for wildlife biologi-
 22        cal and species management issues and for plant life biological  and  spe-
 23        cies management issues is the department of fish and game. The appropriate
 24        state  agency  for  plant life biological and species management issues is
 25        the department of parks and recreation. The appropriate state  agency  for
 26        timber harvest activities, oil and gas exploration activities and for min-
 27        ing  activities is the department of lands. The appropriate state agencies
 28        for agricultural activities are the department of agriculture and the soil
 29        conservation commission. The appropriate state agency for public road con-
 30        struction is the transportation department. The appropriate  state  agency
 31        for  water  rights  is  the department of water resources. The appropriate
 32        state agency for water quality is the department of environmental quality.
 33        The appropriate state agency for outfitting and guiding activities is  the
 34        Idaho outfitters and guides licensing board;
 35        (b)  State management plans shall be the policy of the state of Idaho, but
 36        are  subject to legislative approval, amendment or rejection by concurrent
 37        resolution. State management plans shall be subject to public  notice  and
 38        comment but shall not be subject to judicial review.
 39        (4)  The  governor's office of species conservation shall prepare a report
 40    to the legislature recommending a plan to develop state  conservation  assess-
 41    ments  and strategies for rare and declining species in the state of Idaho and
 42    submit that report and recommendation to the legislature. The report and  rec-
 43    ommendation  are  subject  to  legislative approval, amendment or rejection by
 44    concurrent resolution.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                             RS 12345

This legislation amends appropriate portions of Sections 67-818,
18-3913, 36-2402, 36-2404, and 36-2405 which address the
responsibility for the protection of native wild flowers. 
Currently, Idaho Department of Parks and Recreation (IDPR) has
responsibility and funding for protection of native wild plants.
IDPR is proposing that this responsibility and funding be
transferred to the Department of Fish and Game, who currently
operate the Conservation Data Center where the inventories of these
plants are maintained.  IDFG has more staff expertise in this area
than IDPR and this legislation will help these agencies avoid
needless duplication of responsibilities. 




                         FISCAL IMPACT

Funds currently assigned to this program and appropriated to IDPR. 
IDPR recommends these funds be appropriated to the Department of
Fish and Game.

CONTACT
Name:        Rick Collignon
Agency:      Parks and Recreation, Dept. of
Phone:       208-334-4199

Statement of Purpose/Fiscal Impact                      H 6