1999 Legislation
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HOUSE BILL NO. 317 – Threatened/endangered species offic

HOUSE BILL NO. 317

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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

Bill Text


H0317


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN 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 / Fiscal Impact


                       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