2000 Legislation
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SENATE BILL NO. 1556 – Wolf reintroductn, plans/monitoring

SENATE BILL NO. 1556

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S1556................................................by JUDICIARY AND RULES
WOLF REINTRODUCTION - Amends existing law to provide that the Department of
Fish and Game may meet and confer with government entities and Indian
tribes to discuss plans for wolf reintroduction or for monitoring wolf
reintroduction and wolf recovery programs; to provide that the department
may cooperate with government entities and Indian tribes regarding damage
complaints, depredation and conflicts regarding wolves in this state; and
to prohibit certain acts by the Department of Fish and Game.
                                                                        
03/09    Senate intro - 1st rdg - to printing
03/10    Rpt prt - to Res/Env
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett,
      Thorne, Wheeler, Whitworth, Williams
      NAYS--None
      Absent and excused--Richardson
    Floor Sponsor - Noh
    Title apvd - to House
03/17    House intro - 1st rdg - to Res/Con
03/22    Rpt out - rec d/p - to 2nd rdg
03/23    2nd rdg - to 3rd rdg
04/03    3rd rdg - PASSED - 52-9-9
      AYES -- Barraclough(Barraclough), Bell, Bieter, Black, Boe, Bruneel,
      Callister, Campbell, Cheirrett, Cuddy, Denney, Ellsworth, Field(13),
      Field(20), Gagner, Geddes, Hammond, Hansen(23), Hansen(29), Henbest,
      Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Lake,
      Linford, Loertscher(Loertscher), Mader, Marley, Meyer, Mortensen,
      Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
      Schaefer, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone,
      Taylor, Trail, Zimmermann
      NAYS -- Alltus, Barrett, Chase, Hadley, Kunz, McKague, Sali, Tilman,
      Wood
      Absent and excused -- Clark, Crow, Deal, Gould, Montgomery, Moss,
      Sellman, Wheeler, Mr Speaker
    Floor Sponsor - Linford
    Title apvd - to Senate
04/04    To enrol - rpt enrol - Pres signed
04/05    Sp signed
04/06    To Governor
04/14    Governor signed
         Session Law Chapter 369
         Effective: 04/14/00

Bill Text


 S1556
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1556
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DEPARTMENT OF FISH AND GAME; AMENDING  SECTION  36-715,  IDAHO
  3        CODE,  TO PROVIDE THAT THE DEPARTMENT OF FISH AND GAME MAY MEET AND CONFER
  4        WITH GOVERNMENT ENTITIES AND INDIAN  TRIBES  TO  DISCUSS  PLANS  FOR  WOLF
  5        REINTRODUCTION  OR  FOR  MONITORING  WOLF REINTRODUCTION AND WOLF RECOVERY
  6        PROGRAMS, TO PROVIDE THAT THE DEPARTMENT  MAY  COOPERATE  WITH  GOVERNMENT
  7        ENTITIES  AND  INDIAN  TRIBES REGARDING DAMAGE COMPLAINTS, DEPREDATION AND
  8        CONFLICTS REGARDING WOLVES IN THIS STATE AND TO PROHIBIT CERTAIN  ACTS  BY
  9        THE DEPARTMENT OF FISH AND GAME; AND DECLARING AN EMERGENCY.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section  36-715, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        36-715.  DUTIES OF THE DEPARTMENT OF FISH AND GAME  REGARDING  THE  ENDAN-
 14    GERED SPECIES ACT. (1) Since wolf/dog hybridizations are known to exist within
 15    Idaho and these hybrids are not protected by the United States endangered spe-
 16    cies act, a biological evaluation shall be required of the animal to determine
 17    species priority before the department of fish and game may take any action in
 18    accordance with the United States endangered species act.
 19        (2)  The  department  of  fish  and game shall not be authorized to expend
 20    funds, transfer assets or enter into a cooperative agreement with any  agency,
 21    department  or entity of the United States government concerning wolves unless
 22    expressly authorized by state statute except that the department is authorized
 23    to provide a representative to participate on the northern rocky mountain wolf
 24    recovery team and to participate in activities regarding nuisance wolves,  and
 25    except that the department is allowed to meet and confer with state, local and
 26    federal  agencies,  departments  or  entities  or  federally recognized Indian
 27    tribes  to  discuss  those  federal  or  tribal  entities'  plans   for   wolf
 28    reintroduction  or   for monitoring wolf reintroduction and wolf recovery pro-
 29    grams. Additionally, the department  may  cooperate   with  counties,  federal
 30    agencies,  departments  or  entities  or  federally  recognized  Indian tribes
 31    regarding damage complaints, depredation, and conflicts  regarding  wolves  in
 32    this  state.  The department of fish and game is not authorized to participate
 33    in investigations or enforcement actions involving  violations  of  the  final
 34    rules  of  the  United  States  fish  and wildlife service or section 9 of the
 35    United States endangered species act, as the final rules and section  9  regu-
 36    late the reintroduction of wolves into central Idaho.
 37        (3)  If  a  wolf  is  sighted, the burden of proof concerning the reported
 38    presence of the wolf within Idaho shall rest with the observer and the depart-
 39    ment of fish and game shall take no action to enforce the United States endan-
 40    gered species act regarding wolves in absence of that proof.
 41        (4)  From the effective date of this act through December  31,  2002,  the
 42    department of fish and game is authorized to work in conjunction with the wolf
 43    oversight  committee,  as established by the wolf EIS participation plan dated
                                                                        
                                           2
                                                                        
  1    February, 1992, in the development and implementation of an Idaho wolf manage-
  2    ment plan, provided that:
  3        (a)  The department is authorized to work in  conjunction  with  the  wolf
  4        oversight  committee  to develop and coordinate wolf management plans with
  5        state agency officials of the states of Wyoming and Montana.
  6        (b)  Any Idaho wolf management plan so developed  by  the  department  and
  7        wolf  oversight  committee  shall take into consideration local economies,
  8        custom, culture, and private property rights. The department and the  wolf
  9        oversight  committee may consult with federal entities and coordinate with
 10        state and local government entities in the development of the plan.
 11        (c)  Upon completion of an Idaho wolf management plan, the department  and
 12        the  wolf  oversight  committee  shall  provide  a  report  to  the senate
 13        resources and environment committee and to the house resources and conser-
 14        vation committee and shall provide written copies to all  interested  par-
 15        ties.   When the plan is complete, the speaker of the house of representa-
 16        tives and the president pro tempore of the senate may  authorize  a  joint
 17        meeting  of  the  senate resources and environment committee and the house
 18        resources and conservation committee to be  held  during  the  interim  to
 19        review the Idaho wolf management plan.
 20        (d)  Members of the wolf oversight committee shall serve without compensa-
 21        tion,  but  shall  be reimbursed actual expenses for attending meetings of
 22        the committee from funds provided by the department of fish  and  game  at
 23        prevailing state rates.
                                                                        
 24        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 25    declared to exist, this act shall be in full force and effect on and after its
 26    passage and approval.

Statement of Purpose / Fiscal Impact




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                     STATEMENT OF PURPOSE 
                                
                           RS 10231 

     The proposed legislation, relating to the Department of Fish and Game, allows the
department to meet and confer with other government entities and Indian tribes to discuss plans
for wolf reintroduction or for monitoring wolf reintroduction and wolf recovery programs.
Additionally, the department may cooperate with other government entities and Indian tribes
regarding damage complaints, depredation and conflicts regarding wolves. The legislation
prohibits the department from participating in investigations or enforcement actions involving
violations of the final rules of the U.S. Fish and Wildlife Service and Section 9 of the U.S.
Endangered Species Act. 



                         FISCAL IMPACT 

There will be some fiscal impact to the Department of Fish and Game. 






Contact 
Name: Senator Laird Noh
Phone: (208) 332-1333 




                                                  STATEMENT OF PURPOSE/FISCAL NOTE                                            S 1556