Print Friendly SENATE BILL NO. 1488 – Rare&Declining Species Conservation
SENATE BILL NO. 1488
View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
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
02/21 Senate intro - 1st rdg - to printing
02/22 Rpt prt - to Res/Env
|||| 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
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
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
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
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-
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-
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-
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
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
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
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.
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