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H0317.....................................................by WAYS AND MEANS THREATENED/ENDANGERED SPECIES OFFICE - Adds to and amends existing law to create the Office of Threatened and Endangered Species in the Office of the Governor; to provide for appointment and confirmation of a director; to provide duties of the office; and to require the Fish and Game Commission to comply with state recovery plans and projects developed by the Office of Threatened and Endangered Species. 03/01 House intro - 1st rdg - to printing 03/02 Rpt prt - to Res/Con
H0317|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 317 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO ENDANGERED SPECIES; PROVIDING LEGISLATIVE INTENT; AMENDING CHAPTER 3 8, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-818, IDAHO 4 CODE, TO CREATE THE OFFICE OF THREATENED AND ENDANGERED SPECIES IN THE 5 OFFICE OF THE GOVERNOR, TO PROVIDE FOR APPOINTMENT AND CONFIRMATION OF A 6 DIRECTOR AND TO PROVIDE DUTIES OF THE OFFICE; AND AMENDING SECTION 36-103, 7 IDAHO CODE, TO REQUIRE THE FISH AND GAME COMMISSION TO COMPLY WITH STATE 8 RECOVERY PLANS AND PROJECTS DEVELOPED BY THE OFFICE OF THREATENED AND 9 ENDANGERED SPECIES. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. LEGISLATIVE INTENT. It is hereby declared by the Legislature 12 of the State of Idaho that: 13 (1) Idaho's wildlife and plants provide important economic, aesthetic and 14 cultural values to the state and its citizens. 15 (2) A mechanism is necessary for the state of Idaho to become a full 16 partner with the federal agencies in the conservation of threatened and endan- 17 gered species and coordinate the approach to be used by the various governmen- 18 tal entities in the state of Idaho. 19 (3) The state has expertise existing in the various state agencies, par- 20 ticularly the department of fish and game, but it is necessary to coordinate 21 and focus that expertise to develop and implement appropriate policies for the 22 state. 23 (4) The state of Idaho is not able to support the necessary programs for 24 threatened and endangered species using money generated solely by sportsmen 25 and it is necessary to assure that we take full advantage of other state and 26 federal dollars available. 27 SECTION 2. That Chapter 8, Title 67, Idaho Code, be, and the same is 28 hereby amended by the addition thereto of a NEW SECTION , to be 29 known and designated as Section 67-818, Idaho Code, and to read as follows: 30 67-818. COORDINATION OF POLICY AND PROGRAMS RELATED TO THREATENED AND 31 ENDANGERED SPECIES IN IDAHO. (1) There is hereby created in the office of the 32 governor, the office of threatened and endangered species. The director of the 33 office of threatened and endangered species shall be the official in the state 34 designated to oversee development of the state's plans to protect threatened 35 and endangered animal and plant species of the state and to assure that the 36 state has an adequate and active program for the conservation of threatened 37 and endangered species. The director shall be appointed by and serve at the 38 pleasure of the governor and shall be subject to confirmation by the state 39 senate. 40 (2) The responsibilities of the office of threatened and endangered spe- 41 cies shall include, but not be limited to, the following: 42 (a) In consultation with the departments of fish and game and parks and 2 1 recreation, manage the cooperative agreement with U.S. fish and wildlife 2 service and the national marine fisheries service pursuant to section 6(c) 3 of the endangered species act; and 4 (b) Coordinate collection of information and develop state recovery plans 5 or projects for the conservation of threatened and endangered species; and 6 (c) Coordinate implementation of state recovery plans or projects among 7 all local, state and federal governmental entities; and 8 (d) Participate in regional efforts to address threatened and endangered 9 species; and 10 (e) Serve as a repository for agreements and plans among governmental 11 entities in the state of Idaho to conserve threatened and endangered spe- 12 cies. 13 (3) State recovery plans developed pursuant to this section shall be 14 developed in accordance with the following subsections: 15 (a) State recovery plans shall be developed in consultation with the 16 appropriate state agencies and the appropriate state agencies shall lend 17 staff support to the office of threatened endangered species when 18 requested. The appropriate state agency for wildlife biological and spe- 19 cies management issues is the department of fish and game. The appropriate 20 state agency for plant life biological and species management issues is 21 the department of parks and recreation. The appropriate state agency for 22 timber harvest activities, oil and gas exploration activities and for min- 23 ing activities is the department of lands. The appropriate state agencies 24 for agricultural activities are the department of agriculture and the soil 25 conservation commission. The appropriate state agency for public road con- 26 struction is the transportation department. The appropriate state agency 27 for water rights is the department of water resources. The appropriate 28 state agency for water quality is the division of environmental quality in 29 the department of health and welfare. 30 (b) State recovery plans shall be subject to public notice, comment and 31 review provisions of sections 67-5221, 67-5222 and 67-5223, Idaho Code. 32 Plans shall not have the force and effect of law, but shall be the policy 33 of the state of Idaho. 34 SECTION 3. That Section 36-103, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 36-103. WILDLIFE PROPERTY OF STATE -- PRESERVATION. (a) Wildlife Policy. 37 All wildlife, including all wild animals, wild birds, and fish, within the 38 state of Idaho, is hereby declared to be the property of the state of Idaho. 39 It shall be preserved, protected, perpetuated, and managed. It shall be only 40 captured or taken at such times or places, under such conditions, or by such 41 means, or in such manner, as will preserve, protect, and perpetuate such wild- 42 life, and provide for the citizens of this state and, as by law permitted to 43 others, continued supplies of such wildlife for hunting, fishing and trapping. 44 (b) Commission to Administer Policy. Because conditions are changing and 45 in changing affect the preservation, protection, and perpetuation of Idaho 46 wildlife, the methods and means of administering and carrying out the state's 47 policy must be flexible and dependent on the ascertainment of facts which from 48 time to time exist and fix the needs for regulation and control of fishing, 49 hunting, trapping, and other activity relating to wildlife, and because it is 50 inconvenient and impractical for the legislature of the state of Idaho to 51 administer such policy, it shall be the authority, power and duty of the fish 52 and game commission to administer and carry out the policy of the state in 53 accordance with the provisions of the Idaho fish and game code , and the 3 1 state recovery plans and projects developed by the office of threatened and 2 endangered species . The commission is not authorized to change such 3 policy but only to administer it.
STATEMENT OF PURPOSE
RS09150C2
This legislation creates an Office of Threatened and Endangered
Species within the Office of the Governor. The Office of Threatened
and Endangered Species will coordinate the planning of conservation
efforts for threatened and endangered species, develop funding
sources in addition to sportsman license and tag fees, and assure
that conservation plans created pursuant to this section will not
have the force and effect of law, but are the policy of the State of
Idaho for all agencies to use in the development and implementation
of their respective responsibilities.
FISCAL NOTE
The Office of Threatened and Endangered Species will be staffed with
three (3) people. One position currently exists in the Department of
Health and Welfare, Division of Environmental Quality, dealing with
bull trout issues, and this position can be transferred to the
Office of Threatened and Endangered Species. The fiscal impact to
the general fund for the other two positions is approximately
$200,000. There are also federal funds available from Section 6 of
the Endangered Species Act that the State may be able to access.
CONTACT: Speaker Bruce Newcomb
Representative Dan Mader
Representative Cameron Wheeler
Representative John Campbell
Representative Charles Cuddy
(208) 332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 317