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,
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
|||| 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
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
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;
1 (e) Cooperating and consulting with the department s of fish and game and
2 parks and recreation regarding agreements pursuant to 16 U.S.C. section
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-
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
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.
Funds currently assigned to this program and appropriated to IDPR.
IDPR recommends these funds be appropriated to the Department of
Fish and Game.
Name: Rick Collignon
Agency: Parks and Recreation, Dept. of
Statement of Purpose/Fiscal Impact H 6