2000 Legislation
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SENATE BILL NO. 1491 – Wolf reintroduction plans, F&G Dept

SENATE BILL NO. 1491

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S1491..........................................by RESOURCES AND ENVIRONMENT
WOLF REINTRODUCTION PLANS - Amends existing law to provide that the
Department of Fish and Game is allowed to meet and confer with state, local
and federal agencies, departments or entities or federally recognized
Indian tribes to discuss the federal or tribal entity's plans for wolf
reintroduction or for monitoring wolf reintroduction and wolf recovery
programs; to provide that the department may cooperate with counties,
federal agencies, departments or entities or federally recognized Indian
tribes regarding damage complaints, depredation and conflicts regarding
wolves in Idaho.
                                                                        
02/21    Senate intro - 1st rdg - to printing
02/22    Rpt prt - to Res/Env

Bill Text


 S1491
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1491
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO WOLVES AND THE DEPARTMENT  OF  FISH  AND  GAME;  AMENDING  SECTION
  3        36-715,  IDAHO  CODE,  TO  PROVIDE THAT THE DEPARTMENT OF FISH AND GAME IS
  4        ALLOWED TO MEET AND CONFER WITH STATE, LOCAL AND FEDERAL AGENCIES, DEPART-
  5        MENTS OR ENTITIES OR FEDERALLY RECOGNIZED INDIAN TRIBES TO  DISCUSS  THOSE
  6        FEDERAL OR TRIBAL ENTITY'S PLANS FOR WOLF REINTRODUCTION OR FOR MONITORING
  7        WOLF  REINTRODUCTION  AND  WOLF RECOVERY PROGRAMS, AND TO PROVIDE THAT THE
  8        DEPARTMENT MAY COOPERATE WITH COUNTIES, FEDERAL AGENCIES,  DEPARTMENTS  OR
  9        ENTITIES  OR  FEDERALLY  RECOGNIZED  INDIAN  TRIBES  REGARDING DAMAGE COM-
 10        PLAINTS, DEPREDATION AND CONFLICTS REGARDING WOLVES  IN  THIS  STATE;  AND
 11        DECLARING AN EMERGENCY.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section  36-715, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        36-715.  DUTIES OF THE DEPARTMENT OF FISH AND GAME  REGARDING  THE  ENDAN-
 16    GERED SPECIES ACT. (1) Since wolf/dog hybridizations are known to exist within
 17    Idaho and these hybrids are not protected by the United States endangered spe-
 18    cies act, a biological evaluation shall be required of the animal to determine
 19    species priority before the department of fish and game may take any action in
 20    accordance with the United States endangered species act.
 21        (2)  The  department  of  fish  and game shall not be authorized to expend
 22    funds, transfer assets or enter into a cooperative agreement with any  agency,
 23    department  or entity of the United States government concerning wolves unless
 24    expressly authorized by state statute except that the department is authorized
 25    to provide a representative to participate on the northern rocky mountain wolf
 26    recovery team and to participate in activities regarding nuisance wolves,  and
 27    except that the department is allowed to meet and confer with state, local and
 28    federal  agencies,  departments  or  entities  or  federally recognized Indian
 29    tribes  to  discuss  those  federal  or  tribal  entity's   plans   for   wolf
 30    reintroduction  or   for monitoring wolf reintroduction and wolf recovery pro-
 31    grams. Additionally, the department  may  cooperate   with  counties,  federal
 32    agencies,  departments  or  entities  or  federally  recognized  Indian tribes
 33    regarding damage complaints, depredation, and conflicts  regarding  wolves  in
 34    this state.
 35        (3)  If  a  wolf  is  sighted, the burden of proof concerning the reported
 36    presence of the wolf within Idaho shall rest with the observer and the depart-
 37    ment of fish and game shall take no action to enforce the United States endan-
 38    gered species act regarding wolves in absence of that proof.
 39        (4)  From the effective date of this act through December  31,  2002,  the
 40    department of fish and game is authorized to work in conjunction with the wolf
 41    oversight  committee,  as established by the wolf EIS participation plan dated
 42    February, 1992, in the development and implementation of an Idaho wolf manage-
 43    ment plan, provided that:
                                                                        
                                           2
                                                                        
  1        (a)  The department is authorized to work in  conjunction  with  the  wolf
  2        oversight  committee  to develop and coordinate wolf management plans with
  3        state agency officials of the states of Wyoming and Montana.
  4        (b)  Any Idaho wolf management plan so developed  by  the  department  and
  5        wolf  oversight  committee  shall take into consideration local economies,
  6        custom, culture, and private property rights. The department and the  wolf
  7        oversight  committee may consult with federal entities and coordinate with
  8        state and local government entities in the development of the plan.
  9        (c)  Upon completion of an Idaho wolf management plan, the department  and
 10        the  wolf  oversight  committee  shall  provide  a  report  to  the senate
 11        resources and environment committee and to the house resources and conser-
 12        vation committee and shall provide written copies to all  interested  par-
 13        ties.   When the plan is complete, the speaker of the house of representa-
 14        tives and the president pro tempore of the senate may  authorize  a  joint
 15        meeting  of  the  senate resources and environment committee and the house
 16        resources and conservation committee to be  held  during  the  interim  to
 17        review the Idaho wolf management plan.
 18        (d)  Members of the wolf oversight committee shall serve without compensa-
 19        tion,  but  shall  be reimbursed actual expenses for attending meetings of
 20        the committee from funds provided by the department of fish  and  game  at
 21        prevailing state rates.
                                                                        
 22        SECTION  2.  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 / Fiscal Impact


     
                           
                 STATEMENT OF PURPOSE
                       RS 10149 
                           
          As wolf numbers and associated conflicts greatly increase, and as the U. S.
     Fish and Wildlife Service prepares for the delisting process, the Wolf Oversight
     Committee has recommended the Idaho Department of Fish and Game become
     participants in some wolf management activities. 
     
          This RS authorizes the department to participate in damage complaints
     and preparations for delisting. 
     
     
                           
                    FISCAL IMPACT 
     
          No appropriation of additional funds is required. 
     
     
     
     
     
     CONTACT: 
     Senator Laird Noh
     332-1333 
     
                                             STATEMENT OF PURPOSE/FISCAL IMPACT                              S 1491