2000 Legislation
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SENATE BILL NO. 1488 – Rare&Declining Species Conservation

SENATE BILL NO. 1488

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Daily Data Tracking History



S1488..........................................by RESOURCES AND ENVIRONMENT
RARE AND DECLINING SPECIES CONSERVATION - Adds to existing law to provide
definitions; to create the Office of Rare and Declining Species
Conservation within the Department of Fish and Game; to provide for the
creation of species advisory teams, their duties and membership; to provide
for operations of the species advisory teams; to provide for species
strategy requirements; to provide for recommendations on species strategies
and management plans; to provide for cooperative agreements; to provide
that the Department of Fish and Game shall coordinate the implementation of
conservation strategies regarding the management of rare and declining
species with other state agencies; to establish a fund; and to provide an
annual report.
                                                                        
02/21    Senate intro - 1st rdg - to printing
02/22    Rpt prt - to Res/Env

Bill Text


 S1488
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1488
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THREATENED OR ENDANGERED SPECIES;  PROVIDING  LEGISLATIVE  INTENT;
  3        AMENDING  TITLE 36, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 25, TITLE
  4        36, IDAHO CODE, TO PROVIDE DEFINITIONS, TO CREATE WITHIN THE DEPARTMENT OF
  5        FISH AND GAME THE OFFICE OF RARE AND DECLINING  SPECIES  CONSERVATION,  TO
  6        PROVIDE  FOR  THE CREATION OF SPECIES ADVISORY TEAMS, AND THEIR DUTIES AND
  7        MEMBERSHIP, TO PROVIDE FOR OPERATIONS OF SPECIES ADVISORY TEAMS,  TO  PRO-
  8        VIDE  FOR SPECIES STRATEGY REQUIREMENTS, TO PROVIDE FOR RECOMMENDATIONS ON
  9        SPECIES STRATEGIES AND MANAGEMENT PLANS, TO PROVIDE FOR COOPERATIVE AGREE-
 10        MENTS, TO PROVIDE THAT THE DEPARTMENT OF FISH AND  GAME  SHALL  COORDINATE
 11        THE  IMPLEMENTATION OF CONSERVATION STRATEGIES REGARDING THE MANAGEMENT OF
 12        RARE AND DECLINING SPECIES WITH OTHER STATE AGENCIES, TO ESTABLISH A FUND,
 13        AND TO PROVIDE AN ANNUAL REPORT.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  LEGISLATIVE INTENT. (1) It is hereby declared by the  Legisla-
 16    ture of the State of Idaho that:
 17        (a)  Idaho is home to a unique diversity of plant and animal species. Pop-
 18        ulations of some species have decreased due to a variety of causes.
 19        (b)  Idaho's  wildlife  and  plants  are an important economic, aesthetic,
 20        cultural, and scientific resource to the state and its citizens.
 21        (c)  The state of Idaho must marshal the various resources of the state in
 22        a cooperative, consensus based approach to address the population  decline
 23        in some of Idaho's species.
 24        (d)  The  state  of  Idaho must weigh the sometimes competing needs of the
 25        citizens of the state of Idaho and the plant and animal  species  resident
 26        in the state.
 27        (e)  It  is  through the proper balancing of these needs that Idahoans can
 28        provide for the continued survival and well-being  of  Idaho's  plant  and
 29        animal species.
 30        (f)  Coordination  between  the  various  state governmental entities with
 31        jurisdiction over state resources is necessary  to  foster  a  partnership
 32        within  the state and between the state of Idaho and federal agencies with
 33        responsibility for threatened and endangered species.
 34        (g)  A mechanism is necessary in the state of Idaho  to  manage  rare  and
 35        declining  species  not  listed under the Endangered Species Act (ESA), as
 36        amended, and prevent the listing of those species under the ESA.
 37        (h)  The state of Idaho must take full advantage of available  sources  of
 38        private, state and federal funding to support programs for species without
 39        depending solely on resources generated by sportsmen.
 40        (2)  It is hereby declared that the purposes of this act are to:
 41        (a)  Provide the department of fish and game and the fish and game commis-
 42        sion for animal species and the department of parks and recreation and the
 43        parks  and  recreation  board  for  plant  species, with the resources and
 44        authority necessary to coordinate state agency efforts to manage rare  and
                                                                        
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  1        declining  animal  and  plant  species not listed as threatened and endan-
  2        gered. In furtherance of this act, the department of fish and game and the
  3        fish and game commission and the department of parks  and  recreation  and
  4        the parks and recreation board will produce, under the process provided by
  5        this  act  and  based  upon  the  best available commercial and scientific
  6        information, species conservation assessments and strategies  designed  to
  7        conserve  species that, without action, are likely to become either endan-
  8        gered or threatened under the ESA; and
  9        (b)  Provide additional mechanisms to relay objective and timely  informa-
 10        tion to the public and solicit public input into the conservation and man-
 11        agement of rare species.
                                                                        
 12        SECTION  2.  That Title 36, Idaho Code, be, and the same is hereby amended
 13    by the addition of a NEW CHAPTER, to be known and designated  as  Chapter  25,
 14    Title 36, Idaho Code, and to read as follows:
                                                                        
 15                                      CHAPTER 25
 16                              STATE SPECIES CONSERVATION
                                                                        
 17        36-2501.  DEFINITIONS. As used in this title, the following terms have the
 18    following meanings unless the context indicates otherwise:
 19        (1)  "Best scientific and commercial data available" means that where this
 20    chapter requires the use of the best scientific and commercial data available,
 21    the  state, when evaluating comparable data, shall give greater weight to sci-
 22    entific or commercial data that is empirical or has been field tested or  peer
 23    reviewed.
 24        (2)  "Candidate  conservation  agreements"  means agreements, entered into
 25    with the fish and wildlife service or the national  marine  fisheries  service
 26    (services), to implement mutually agreed upon conservation measures for a pro-
 27    posed  or candidate species, or a species likely to become a candidate or pro-
 28    posed candidate in the near future, that include assurances from the  services
 29    that  additional conservation measures above and beyond those contained in the
 30    agreement will not be required, and that additional land,  water  or  resource
 31    use  restrictions  will  not  be  imposed  upon them should the species become
 32    listed in the future.
 33        (3)  "Candidate species" means a species for which the secretary of  inte-
 34    rior or secretary of commerce has on file sufficient information on biological
 35    vulnerability  and  threats  to  support  a proposal to list the species as an
 36    endangered species or a threatened species, but for which listing is precluded
 37    because of pending proposals to list species that are of a higher priority.
 38        (4)  "Endangered species" means those species listed as endangered  pursu-
 39    ant to  16 U.S.C. section 1532(6).
 40        (5)  "Habitat conservation plan" means a plan submitted pursuant to a per-
 41    mit as provided in 16 U.S.C. section 1539, et seq.
 42        (6)  "Listed species" means threatened or endangered species.
 43        (7)  "Rare  and  declining  species"  means those species in need of addi-
 44    tional management consideration due to natural rarity, downward trends in pop-
 45    ulations and habitats, or other factors, natural or human, that, without addi-
 46    tional management, might be listed as threatened or endangered  species  under
 47    the ESA in the future.
 48        (8)  "Recovery plans" means federal plans or conservation programs, refer-
 49    enced  in  16  U.S.C.  section 1533(f), that set forth the actions designed to
 50    assure  the  continued  survival  and  recovery  of  the  species  listed   as
 51    "endangered" or "threatened" pursuant to that act.
 52        (9)  "Species  conservation  assessment"  means a state analysis, based on
                                                                        
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  1    the best scientific and commercial data available, about the status of a  rare
  2    or  declining species throughout its range which describes current and antici-
  3    pated factors limiting the viability of the species  as it relates to  desired
  4    goals  and  objectives  and identifies specific research needs relative to the
  5    species.
  6        (10) "Species conservation strategy" means a state strategic plan for  the
  7    management  or  conservation of a rare or declining species that describes the
  8    species needs in terms of habitat needs, population  size,  distribution,  and
  9    connectivity. The strategy shall include voluntary, landowner-based incentives
 10    and measures to achieve the management or conservation goals.
 11        (11) "Species management plan" means a plan which provides for the consid-
 12    eration and management of a species upon its being delisted.
 13        (12) "State  conservation programs" means the programs developed, pursuant
 14    to 16 U.S.C. section 1535(c), for the conservation of endangered  species  and
 15    threatened species.
 16        (13) "Threatened  species" means those species listed as threatened pursu-
 17    ant to 16 U.S.C. section 1532(20).
                                                                        
 18        36-2502.  OFFICE OF RARE AND  DECLINING  SPECIES  CONSERVATION.  There  is
 19    hereby  created within the department of fish and game, the office of rare and
 20    declining species conservation (ORDSC). The administrator of the  ORDSC  shall
 21    report to the director of the department of fish and game. The ORDSC shall:
 22        (1)  Coordinate  the  development  and implementation of management agree-
 23    ments and cooperative agreements pursuant to 16 U.S.C. section  1535.  Nothing
 24    in  this  chapter shall be construed as limiting the ability of the department
 25    of fish and game to meet the requirements of 16 U.S.C. section 1535;
 26        (2)  Develop species conservation  assessments  and  strategies  ("species
 27    conservation  strategy")  on  a timely basis and pursuant to a priority system
 28    developed in consultation with the fish and  game  commission,  for  rare  and
 29    declining  species  in  Idaho.   The fish and game commission shall submit the
 30    approved plan to the governor's office of species conservation.  In developing
 31    species conservation assessments and strategies, the ORDSC shall include  pub-
 32    lic  comment and input. The ORDSC shall follow commission rules for soliciting
 33    and receiving that comment and input;
 34        (3)  Solicit, collect and evaluate  the  best  scientific  and  commercial
 35    information available concerning endangered species and threatened species and
 36    rare and declining species in Idaho;
 37        (4)  Receive  the strategies as prepared by the species advisory team. The
 38    ORDSC shall forward those documents to the director of the department of  fish
 39    and game or the director of the department of parks and recreation for further
 40    action as provided in this act;
 41        (5)  Coordinate  with  other bureaus and offices of the department of fish
 42    and game or the department of parks and recreation, as appropriate,  and  pro-
 43    vide,  to  the  species  advisory  team, the informational, technical or other
 44    needs and requirements of those teams in the performance of their duties.
                                                                        
 45        36-2503.  SPECIES ADVISORY TEAM -- DUTIES -- MEMBERSHIP. (1)  The director
 46    of the department and fish and game and the  director  of  the  department  of
 47    parks  and  recreation,  in  cooperation  and consultation with the governor's
 48    office of species conservation, shall create species advisory teams (SATs) for
 49    rare and declining species in the state of Idaho. The director of the  depart-
 50    ment  of fish and game shall establish one (1) SAT for mammal species; one (1)
 51    SAT for fish species, including amphibians; one (1) SAT for bird species;  one
 52    (1)  SAT for invertebrates, including reptiles; and one (1) SAT for plant spe-
 53    cies.
                                                                        
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  1        (2)  The director of the department of fish and game and the  director  of
  2    the  department  of parks and recreation, in consultation and cooperation with
  3    the governor's office of species conservation, may establish a single SAT  for
  4    a single rare and declining species if circumstances warrant the establishment
  5    of  a  single  species SAT.  Factors to be considered in determining whether a
  6    single species SAT is warranted include:
  7        (a)  The extent of the species habitat and the uniqueness of  the  species
  8        management or habitat requirements;
  9        (b)  The  degree  to  which the species management or habitat requirements
 10        conflict with human activities;
 11        (c)  The extent to which the species is adequately addressed by an  exist-
 12        ing species advisory team.
 13        (3)  The SAT members shall be broadly representative of the constituencies
 14    with  an interest in the species and its management or conservation and in the
 15    economic or social impacts of  management  or  conservation  including,  where
 16    appropriate, depending on the specific species, representatives of state, fed-
 17    eral, local and tribal governments, academic institutions, private individuals
 18    and  organizations,  and  commercial  enterprises.  The  SAT  members shall be
 19    selected based upon:
 20        (a)  Their knowledge of the species;
 21        (b)  Their knowledge and expertise in the potential  conflicts  between  a
 22        species' habitat requirements or management and human activities;
 23        (c)  Their  knowledge  and expertise in the interests that may be affected
 24        by species management or conservation; or
 25        (d)  Other factors that may provide knowledge, information  or  data  that
 26        will further the intent of this act.
                                                                        
 27        36-2504.  OPERATIONS  OF  SPECIES ADVISORY TEAM. (1)  The species advisory
 28    team (SAT) shall elect a team leader who shall chair all meetings of the  team
 29    and  otherwise administer its operations. The SAT shall meet as necessary, but
 30    shall meet no less than once every six (6) months.
 31        (2)  Members of the SAT not in the employ of public agencies may  be  com-
 32    pensated  as  provided  in  section 59-509(b), Idaho Code. Their department or
 33    division shall compensate its members of the team who are state employees.
                                                                        
 34        36-2505.  SPECIES STRATEGY REQUIREMENTS. The species advisory  team  (SAT)
 35    shall develop species strategies designed to reduce the likelihood that a spe-
 36    cies will be listed under the Endangered Species Act (ESA). In developing spe-
 37    cies strategies, the office of rare and declining species conservation (ORDSC)
 38    shall  seek to balance the needs of the species with the needs of the citizens
 39    of the state of Idaho. In consultation with the fish and game commission,  the
 40    ORDSC shall prioritize the species or species groups for which species strate-
 41    gies will be developed.
                                                                        
 42        36-2506.  RECOMMENDATION  ON  SPECIES  CONSERVATION  STRATEGIES.  (1)  The
 43    office  of  rare  and declining species conservation (ORDSC) shall receive the
 44    species conservation strategy from the species advisory team (SAT). The  ORDSC
 45    shall  submit  the  species strategy to the director of the department of fish
 46    and game for animal species or to the director of the department of parks  and
 47    recreation for plant species, for review and recommendation.
 48        (2)  The directors shall review the species conservation strategy and make
 49    a  recommendation  to  the  fish and game commission or the board of parks and
 50    recreation, as appropriate. The directors may recommend either approval of the
 51    species conservation strategy or recommend to return it to the SAT for further
 52    study and review, with instructions, prior to return of the species  conserva-
                                                                        
                                           5
                                                                        
  1    tion strategy to the directors.
  2        (3)  If  the fish and game commission or the board of parks and recreation
  3    finds that the species conservation strategy will reduce the  likelihood  that
  4    the species will be listed under the Endangered Species Act (ESA), the commis-
  5    sion  or  board, as appropriate, shall approve the species conservation strat-
  6    egy.
  7        (4)  If the fish and game commission or the board of parks and  recreation
  8    make the finding required in subsection (3) of this section, the fish and game
  9    commission or the board of parks and recreation shall forward the species con-
 10    servation  strategy  to  the governor's office of species conservation and the
 11    legislature.  The species conservation  strategy  is  subject  to  legislative
 12    approval,  amendment or rejection by concurrent resolution at the regular ses-
 13    sion immediately following the commission's or board's finding and approval of
 14    the plan.
 15        (5)  The governor's  office  of  species  conservation  may  petition  the
 16    responsible public agencies to initiate rulemaking to facilitate the implemen-
 17    tation of the approved species conservation strategy.
 18        (6)  Each species conservation strategy developed pursuant to this chapter
 19    shall  include a public education component that shall be developed and imple-
 20    mented in cooperation with other appropriate bureaus of the department of fish
 21    and game or the department of parks and recreation.
 22        (7)  Nothing in this act shall be interpreted as granting  the  department
 23    of  fish  and game or the department of parks and recreation with new or addi-
 24    tional authority.
                                                                        
 25        36-2507.  COOPERATIVE AGREEMENTS. The department of fish and game  or  the
 26    department  of  parks  and  recreation may establish cooperative agreements or
 27    partnership arrangements with federal  or  other  public  agencies  needed  to
 28    achieve  the  purposes  of  this chapter.  Upon enactment of this chapter, the
 29    departments, in consultation and cooperation with  the  governor's  office  of
 30    species  conservation, shall review all existing cooperative agreements signed
 31    by state agencies and pertinent to the implementation of this chapter and sug-
 32    gest such revisions or rescissions of such agreements as may be  necessary  to
 33    make them consistent with the provisions of this act.
                                                                        
 34        36-2508.  DEPARTMENTS  TO COORDINATE STATE ACTIONS. The department of fish
 35    and game shall coordinate the implementation of  the  conservation  strategies
 36    regarding  the management of rare and declining species with other state agen-
 37    cies, provided however, that nothing in this chapter shall be  interpreted  as
 38    diminishing  or preempting the normal duties of other state agencies.  In car-
 39    rying out the provisions of this section, the office  of  rare  and  declining
 40    species conservation may:
 41        (1)  Represent  the  state  on  committees  and  working  groups that have
 42    responsibility for managing rare and declining species or  their  habitats  as
 43    described in this act, or delegate this responsibility to other state agencies
 44    as may be appropriate.
 45        (2)  Coordinate  the  state's  role  in the management and conservation of
 46    rare and declining species described in this act in a  manner  that  increases
 47    efficiency,  reduces   costs, and promotes consistency, including coordination
 48    and implementation of state conservation strategies and policies. The fish and
 49    game commission is not authorized to change such policy, but only to  adminis-
 50    ter it.
                                                                        
 51        36-2509.  FUNDING -- ACCOUNT CREATED. (1) The directors of the departments
 52    of  fish  and  game  and  parks  and recreation may accept, on behalf of their
                                                                        
                                           6
                                                                        
  1    respective departments, private contributions, federal funds, funds from other
  2    public agencies or any other source. The moneys shall be used solely for  con-
  3    servation  of rare species and declining species and be expended and accounted
  4    for as provided by law.
  5        (2)  There is hereby established  in  the  state  treasury  the  rare  and
  6    declining  species fund which shall consist of all moneys received pursuant to
  7    subsection (1) of this section. Moneys in the rare and declining species  fund
  8    shall be used for purposes described in this chapter.
  9        (3)  The  directors of the departments of fish and game and parks and rec-
 10    reation are not required to undertake any action described in this chapter  if
 11    funding  is  not available in the fund created in this section to pay for such
 12    action.
                                                                        
 13        36-2510.  ANNUAL REPORT. No later than January 1 of each year, the depart-
 14    ment of fish and game shall submit to the governor's office of species conser-
 15    vation, and the legislature, a full accounting of the sources and distribution
 16    of funds for the preceding fiscal year, and a projected budget for the  coming
 17    year.  The report shall also include a description of the office's operations,
 18    the accomplishments, and status of species described in this chapter, and,  as
 19    necessary,  recommendations  for  regulatory  or legislative changes needed to
 20    facilitate the implementation of this act.

Statement of Purpose / Fiscal Impact


                           
                STATEMENT OF PURPOSE 
                      RS 10119 
     
     The purpose of this legislation is to establish the framework for developing
     conservation plans for candidate species headed for the endangered species list.
     This legislation establishes species advisory teams to be manned by members that
     are to guide and develop conservation plans and represent the interests of citizens,
     businesses, and communities affected by the conservation plans, as it is
     developed, with the goal being to get agreement among all interests on how to
     achieve the conservation of the species and keep it from placement an the
     endangered species list. 
     
     
                    FISCAL IMPACT 
     
     There will be no further fiscal impact on the State. It is intended that sportsmen,
     dollars will not be used and another funding source will be identified and funneled
     to this office for its activities. 
     
     
                                   Contact                                 Primary Sponsors: Rep. Cameron
                                             Name: Rep. Cameron Wheeler,             Wheeler, Rep. Dan Mader,
                                                  Rep. Dan Mader,                     Sen.Stan Williams 
          Sen. Stan Williams                        Co-Sponsors: Rep. Lawerence Denney,
     Phone:(208)332-1000                          Rep. Bruce Newcomb, Rep. Mike 
                                   Moyle, Rep. John Stevenson 
     
     
     
                                             STATEMENT OF PURPOSE/FISCAL NOTE                               S 1488