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S1490..........................................by RESOURCES AND ENVIRONMENT
SPECIES CONSERVATION - Adds to existing law to provide legislative intent
regarding species conservation; to provide for a delisting advisory team,
duties of the team and membership; to provide operations of the delisting
advisory team; to provide delisting management plan requirements; to
provide for recommendation of management plans; to create an Office of
Species Conservation in the Office of the Governor; to provide for an
administrator, duties and reports; and to authorize acceptance of funds.
02/21 Senate intro - 1st rdg - to printing
02/22 Rpt prt - to Res/Env
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 29-4-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Geddes, Ingram, Ipsen,
Keough, King-Barrutia, Lee, McLaughlin, Noh, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne, Wheeler, Williams
NAYS--Dunklin, Hawkins, Stennett, Whitworth
Absent and excused--Frasure, Parry
Floor Sponsors - Williams, Noh
Title apvd - to House
03/17 House intro - 1st rdg - to Res/Con
03/24 Rpt out - rec d/p - to 2nd rdg
03/27 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 61-8-1
AYES -- Alltus, Barraclough, Barrett, Bell, Black, Bruneel,
Callister, Campbell, Cheirrett, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Hornbeck, Jones, Judd, Kellogg,
Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, McKague,
Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Reynolds, Ridinger, Sali, Schaefer, Sellman, Shepherd, Smith,
Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood,
Zimmermann, Mr Speaker
NAYS -- Bieter, Boe, Chase, Henbest, Jaquet, Marley, Ringo, Robison
Absent and excused -- Smylie
Floor Sponsors - Wheeler, Mader, Denney
Title apvd - to Senate
03/29 To enrol
03/30 Rpt enrol - Pres signed
03/31 Sp signed
04/03 To Governor
04/12 Governor signed
Session Law Chapter 270
Effective: 04/12/00
S1490
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1490
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO THE ENDANGERED SPECIES ACT; PROVIDING LEGISLATIVE INTENT; AMENDING
3 TITLE 36, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 24, TITLE 36, IDAHO
4 CODE, TO PROVIDE DEFINITIONS, TO PROVIDE FOR A DELISTING ADVISORY TEAM,
5 DUTIES OF THE TEAM AND MEMBERSHIP, TO PROVIDE OPERATIONS OF THE DELISTING
6 ADVISORY TEAM, TO PROVIDE DELISTING MANAGEMENT PLAN REQUIREMENTS AND TO
7 PROVIDE FOR RECOMMENDATION OF MANAGEMENT PLANS; AMENDING CHAPTER 8, TITLE
8 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-818, IDAHO CODE, TO
9 CREATE IN THE GOVERNOR'S OFFICE THE OFFICE OF SPECIES CONSERVATION, TO
10 PROVIDE FOR AN ADMINISTRATOR, TO PROVIDE DUTIES AND TO PROVIDE REPORTS;
11 AMENDING CHAPTER 8, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
12 67-819, IDAHO CODE, TO AUTHORIZE ACCEPTANCE OF FUNDS AND TO ESTABLISH A
13 FUND; AND DECLARING AN EMERGENCY.
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.
18 Populations of some species have decreased due to a variety of causes.
19 (b) Idaho's wildlife and plants are an important economic, esthetic, cul-
20 tural, 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.
33 (2) It is hereby declared that the purposes of this act are to:
34 (a) Authorize within the Office of the Governor, an Office of Species
35 Conservation that shall provide coordination, cooperation and consultation
36 among and between the various state and federal agencies with responsibil-
37 ity for species listed under the Endangered Species Act (ESA); solicit and
38 review data and scientific information; develop an integrated state policy
39 towards those species; negotiate and implement conservation plans and
40 agreements; and marshal state resources to assist in the management and
41 conservation of those species;
42 (b) Provide the resources and authority necessary to recommend an appro-
43 priate management plan for species that may be delisted under the ESA;
44 (c) Facilitate the development and use of federal and state programs and
2
1 incentives to provide protections for nonfederal landowners willing to
2 assist in the management of federally listed endangered species, threat-
3 ened species and petitioned species.
4 SECTION 2. That Title 36, Idaho Code, be, and the same is hereby, amended
5 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
6 ter 24, Title 36, Idaho Code, and to read as follows:
7 CHAPTER 24
8 SPECIES CONSERVATION
9 36-2401. DEFINITIONS. As used in this title, the following terms have the
10 following meanings unless the context indicates otherwise:
11 (1) "Best scientific and commercial data available" means that where this
12 chapter requires the use of the best scientific and commercial data available,
13 the state, when evaluating comparable data, shall give greater weight to sci-
14 entific or commercial data that is empirical or has been field tested or peer
15 reviewed.
16 (2) "Candidate conservation agreements" means agreements, entered into
17 with the fish and wildlife service or the national marine fisheries service
18 (services), to implement mutually agreed upon conservation measures for a pro-
19 posed or candidate species, or a species likely to become a candidate or pro-
20 posed candidate in the near future, that include assurances from the services
21 that additional conservation measures above and beyond those contained in the
22 agreement will not be required, and that additional land, water or resource
23 use restrictions will not be imposed upon them should the species become
24 listed in the future.
25 (3) "Candidate species" means a species for which the secretary of inte-
26 rior or secretary of commerce has on file sufficient information on biological
27 vulnerability and threats to support a proposal to list the species as an
28 endangered species or a threatened species, but for which listing is precluded
29 because of pending proposals to list species that are of a higher priority.
30 (4) "Endangered species" means those species listed as endangered pursu-
31 ant to 16 U.S.C. section 1532(6).
32 (5) "Habitat conservation plan" means a plan submitted pursuant to a per-
33 mit as provided in 16 U.S.C. section 1539, et seq.
34 (6) "Listed species" means threatened or endangered species.
35 (7) "Rare and declining species" means those species in need of addi-
36 tional management consideration due to natural rarity, downward trends in pop-
37 ulations and habitats, or other factors, natural or human, that, without addi-
38 tional management, might be listed as threatened or endangered species under
39 the ESA in the future.
40 (8) "Recovery plans" means federal plans or conservation programs, refer-
41 enced in 16 U.S.C. section 1533(f), that set forth the actions designed to
42 assure the continued survival and recovery of the species listed as
43 "endangered" or "threatened" pursuant to the endangered species act.
44 (9) "Species conservation assessment" means a state analysis, based on
45 the best scientific and commercial data available, about the status of a rare
46 or declining species throughout its range which describes current and antici-
47 pated factors limiting the viability of the species as it relates to desired
48 goals and objectives and identifies specific research needs relative to the
49 species.
50 (10) "Species conservation strategy" means a state strategic plan for the
51 management or conservation of a rare or declining species that describes the
52 species needs in terms of habitat needs, population size, distribution and
3
1 connectivity. The strategy shall include voluntary, landowner-based incentives
2 and measures to achieve the management or conservation goals.
3 (11) "Species management plan" means a plan which provides for the consid-
4 eration and management of a species upon its being delisted.
5 (12) "State conservation programs" means the programs developed, pursuant
6 to 16 U.S.C. section 1535(c), for the conservation of endangered species and
7 threatened species.
8 (13) "Threatened species" means those species listed as threatened pursu-
9 ant to 16 U.S.C. section 1532(20).
10 36-2402. DELISTING ADVISORY TEAM -- DUTIES -- MEMBERSHIP. (1) The direc-
11 tor of the department of fish and game for animal species or the department of
12 parks and recreation for plant species, in cooperation and consultation with
13 the governor's office of species conservation, may establish a delisting advi-
14 sory team (DAT) of no more than nine (9) members for a threatened species or
15 endangered species, to recommend an appropriate state species management plan
16 for a listed species in response to a notification from the secretary of inte-
17 rior or secretary of commerce of intent to delist the species or sooner if
18 deemed appropriate.
19 (2) The delisting advisory team members shall be broadly representative
20 of the constituencies with an interest in the species and its management or
21 conservation and in the economic or social impacts of management or conserva-
22 tion including, where appropriate, depending on the specific species, repre-
23 sentatives of tribal governments, local governments, academic institutions,
24 private individuals and organizations and commercial enterprises. The
25 delisting advisory team members shall be selected based upon:
26 (a) Their knowledge of the species;
27 (b) Their knowledge and expertise in the potential conflicts between a
28 species' habitat requirements or management and human activities;
29 (c) Their knowledge and expertise in the interests that may be affected
30 by species management or conservation; or
31 (d) Other factors that may provide knowledge, information, or data that
32 will further the intent of this act.
33 36-2403. OPERATIONS OF DELISTING ADVISORY TEAM. (1) The delisting advi-
34 sory team shall elect a team leader who shall chair all meetings of the team
35 and otherwise administer its operations. The team shall meet as necessary, but
36 shall meet no less than once every six (6) months.
37 (2) Members of the team not in the employ of public agencies may be com-
38 pensated as provided in section 59-509(b), Idaho Code, from the budget of the
39 governor's office of species conservation. Their department or division shall
40 compensate its members of the team who are state employees.
41 36-2404. STATE DELISTING MANAGEMENT PLAN REQUIREMENTS. (1) The delisting
42 advisory team shall develop a state management plan for a species in response
43 to all notification of intent to delist the species by the secretary of inte-
44 rior or secretary of commerce or sooner if deemed appropriate. The state man-
45 agement plan shall provide for the management and conservation of the species
46 once it is delisted, and contain sufficient safeguards to protect the health,
47 safety, private property and economic well-being of the citizens of the state
48 of Idaho.
49 (2) The department of fish and game or the department of parks and recre-
50 ation, as appropriate, shall provide the delisting advisory teams, the infor-
51 mational, technical or other needs and requirements of those teams in the per-
52 formance of their duties.
4
1 (3) In developing state delisting management plans, the delisting advi-
2 sory team shall consult with the appropriate state agencies, commissions and
3 boards. The appropriate state agency for wildlife biological and species man-
4 agement issues is the department of fish and game. The appropriate state
5 agency for plant life biological and species management issues is the depart-
6 ment of parks and recreation. The appropriate state agency for timber harvest
7 activities, oil and gas exploration activities and for mining activities is
8 the department of lands. The appropriate state agencies for agricultural
9 activities are the department of agriculture and the soil conservation commis-
10 sion. The appropriate state agency for public road construction is the trans-
11 portation department. The appropriate state agency for water rights is the
12 department of water resources. The appropriate state agency for water quality
13 is the division of environmental quality in the department of health and wel-
14 fare. The appropriate state agency for outfitting and guiding activities is
15 the Idaho outfitters and guides licensing board.
16 36-2405. RECOMMENDATION ON MANAGEMENT PLANS. (1) The delisting advisory
17 team shall submit the management plan to the director of the department of
18 fish and game for animal species, or to the director of the department of
19 parks and recreation for plant species, for review and recommendation.
20 (2) The director shall review the management plan and make a recommenda-
21 tion to the fish and game commission, or the board of parks and recreation, as
22 appropriate. The director may recommend either approval of the management
23 plan, or recommend to return the management plan to the delisting advisory
24 team for further study and review, with instructions, prior to return of the
25 species strategy or management plan to the directors.
26 (3) If the fish and game commission or the board of parks and recreation
27 finds that the management plan provides for the management and conservation of
28 the species when it is delisted by the secretary of the interior or secretary
29 of commerce and that reasonable safeguards are included in the management plan
30 to protect the health, safety, private property and economic well-being of the
31 citizens of the state of Idaho, the fish and game commission or the board of
32 parks and recreation, as appropriate, shall approve the management plan.
33 (4) If the fish and game commission or the board of parks and recreation
34 makes the finding required in subsection (3) of this section, the fish and
35 game commission or board of parks and recreation shall forward the state man-
36 agement plan, to the governor's office of species conservation and the legis-
37 lature. The management plan is subject to legislative approval, amendment or
38 rejection by concurrent resolution at the regular session immediately follow-
39 ing the commission's or board's finding and approval of the plan.
40 (5) The governor's office of species conservation may petition the
41 responsible public agencies to initiate rulemaking to facilitate the implemen-
42 tation of the approved management plan.
43 (6) Each management plan developed pursuant to this chapter shall include
44 a public education component that shall be developed and implemented in coop-
45 eration with other appropriate bureaus of the department of fish and game or
46 department of parks and recreation.
47 (7) Nothing in this act shall be interpreted as granting the department
48 of fish and game or the department of parks and recreation with new or addi-
49 tional authority.
50 SECTION 3. That Chapter 8, Title 67, Idaho Code, be, and the same is
51 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
52 ignated as Section 67-818, Idaho Code, and to read as follows:
5
1 67-818. COORDINATION OF POLICY AND PROGRAMS RELATED TO THREATENED SPECIES
2 AND ENDANGERED SPECIES IN IDAHO. (1) There is hereby created in the office of
3 the governor, the "Office of Species Conservation." The administrator of the
4 office of species conservation shall be the official in the state designated
5 to oversee implementation of federal recovery plans, as provided in 16 U.S.C.
6 section 1533(f), and to fulfill the duties provided by this section. The
7 administrator shall be appointed by, and serve at the pleasure of, the gover-
8 nor and shall be subject to confirmation by the state senate.
9 (2) The duties of the office of species conservation shall include:
10 (a) Coordination of all state departments and divisions with duties and
11 responsibilities affecting endangered species, threatened species and spe-
12 cies petitioned to be listed;
13 (b) Coordinating state implementation and response to federal recovery
14 plans, biological opinions, guidance and projects among all state and
15 local governments in the state of Idaho;
16 (c) Participation in regional efforts to cooperatively address endangered
17 species and threatened species;
18 (d) Providing input and comment to federal and state agencies, and tribes
19 on issues relating to endangered species, threatened species, petitioned,
20 rare and declining species;
21 (e) Cooperating and consulting with the departments of fish and game and
22 parks and recreation regarding agreements pursuant to 16 U.S.C. section
23 1535;
24 (f) Negotiating agreements with federal agencies concerning endangered
25 species, threatened species and candidate species, including, but not lim-
26 ited to, agreements pursuant to 16 U.S.C. section 1533(d) and 16 U.S.C.
27 section 1539(a), other than those agreements negotiated pursuant to 16
28 U.S.C. section 1535;
29 (g) Providing the people of the state of Idaho with an ombudsman who can
30 listen to citizens being harmed or hindered by the regulations of the ESA
31 and direct them to the appropriate state or federal agency and/or speak on
32 their behalf, as deemed appropriate by the ombudsman, to address issues or
33 concerns related to the ESA;
34 (h) Serve as a repository for agreements and plans among governmental
35 entities in the state of Idaho to conserve threatened and endangered spe-
36 cies.
37 (3) State policy and management plans developed pursuant to this section
38 shall be developed in accordance with the following subsections:
39 (a) State policy on threatened, endangered and petitioned species and
40 state management plans shall be developed in consultation with the appro-
41 priate state agencies. The appropriate state agency for wildlife biologi-
42 cal and species management issues is the department of fish and game. The
43 appropriate state agency for plant life biological and species management
44 issues is the department of parks and recreation. The appropriate state
45 agency for timber harvest activities, oil and gas exploration activities
46 and for mining activities is the department of lands. The appropriate
47 state agencies for agricultural activities are the department of agricul-
48 ture and the soil conservation commission. The appropriate state agency
49 for public road construction is the transportation department. The appro-
50 priate state agency for water rights is the department of water resources.
51 The appropriate state agency for water quality is the division of environ-
52 mental quality in the department of health and welfare. The appropriate
53 state agency for outfitting and guiding activities is the Idaho outfitters
54 and guides licensing board;
55 (b) State management plans shall be the policy of the state of Idaho, but
6
1 are subject to legislative approval, amendment or rejection by concurrent
2 resolution. State management plans shall be subject to public notice and
3 comment but shall not be subject to judicial review.
4 (4) The governor's office of species conservation shall prepare a report
5 to the legislature recommending a plan to develop state conservation assess-
6 ments and strategies for rare and declining species in the state of Idaho and
7 submit that report and recommendation to the legislature. The report and rec-
8 ommendation are subject to legislative approval, amendment or rejection by
9 concurrent resolution.
10 SECTION 4. That Chapter 8, Title 67, Idaho Code, be, and the same is
11 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
12 ignated as Section 67-819, Idaho Code, and to read as follows:
13 67-819. FUNDING -- ACCOUNT CREATED. (1) The governor's office of species
14 conservation may accept private contributions, federal funds, funds from other
15 public agencies or any other source. The moneys shall be used solely for the
16 purposes provided in section 67-818, Idaho Code, and be expended and accounted
17 for as provided by law.
18 (2) There is hereby established in the state treasury the species conser-
19 vation fund which shall consist of all moneys received pursuant to subsection
20 (1) of this section. Moneys in the species conservation fund shall be used for
21 purposes described in section 67-818, Idaho Code.
22 SECTION 5. An emergency existing therefor, which emergency is hereby
23 declared to exist, this act shall be in full force and effect on and after its
24 passage and approval.
STATEMENT OF PURPOSE
RS10120
The purpose of this bill is to establish an office on policy development for
threatened and endangered and listed species issues. It is also intended to be a
central place for the citizens and the interests of Idaho to bring their concerns and
problems with the endangered species issues and get assistance for a solution to
those grievances. The office will develop policy and speak with one voice to the
federal government in Idaho's negotiations on Endangered Species Act issues.
Finally, this legislation sets up a process for delisting of the endangered species in
the State upon recovery.
FISCAL IMPACT
The amount of $500,000 for the Office of Species Conservation will come from
the General Fund.
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 1490