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HCR049aa......................................by RESOURCES AND CONSERVATION
YELLOWSTONE GRIZZLY BEAR - MANAGEMENT - Stating findings of the Legislature
and approving the Yellowstone Grizzly Bear Management Plan.
02/08 House intro - 1st rdg - to printing
02/11 Rpt prt - to Res/Con
03/04 Rpt out - to Gen Ord
03/05 Rpt out amen - to engros
03/06 Rpt engros - 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 64-5-1
AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Lake, Mader,
Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce,
Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Schaefer,
Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone,
Tilman, Trail, Wheeler, Young, Mr. Speaker
NAYS -- Barrett, Langford, Loertscher, Sali, Wood
Absent and excused -- Kunz
Floor Sponsor - Wheeler
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Res/Env
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE CONCURRENT RESOLUTION NO. 49
BY RESOURCES AND CONSERVATION COMMITTEE
1 A CONCURRENT RESOLUTION
2 STATING FINDINGS OF THE LEGISLATURE AND APPROVING THE YELLOWSTONE GRIZZLY BEAR
3 MANAGEMENT PLAN.
4 Be It Resolved by the Legislature of the State of Idaho:
5 WHEREAS, pursuant to Section 36-2402, Idaho Code, the director of the
6 Department of Fish and Game, in cooperation and consultation with the Gover-
7 nor's Office of Species Conservation, was authorized to establish the
8 Yellowstone Grizzly Bear Delisting Advisory Team; and
9 WHEREAS, the primary goal of the Advisory Team was to develop recommenda-
10 tions for management of grizzly bears in Eastern Idaho that consider all the
11 varied landscapes, people, current land uses, culture, grizzly bear ecology,
12 and legal requirements once the grizzly bear population was removed from pro-
13 tection under the Endangered Species Act; and
14 WHEREAS, the Advisory Team was formed and met during the year 2001, and
15 developed and drafted a plan for the management and conservation of
16 Yellowstone grizzly bear in the state; and
17 WHEREAS, pursuant to Section 36-2405, Idaho Code, the plan was submitted
18 to the director of the Department of Fish and Game for review and recommenda-
19 tion to the Fish and Game Commission; and
20 WHEREAS, pursuant to Section 36-2405, Idaho Code, the Fish and Game Com-
21 mission was directed to forward the state management plan to the Governor's
22 Office of Species Conservation and the Legislature, conditioned upon its
23 approval of the plan and its finding that the management plan provides for the
24 management and conservation of the species when it is delisted and that rea-
25 sonable safeguards are included in the plan to protect the health, safety,
26 private property and economic well-being of the citizens of the state of
27 Idaho; and
28 WHEREAS, the Fish and Game Commission, having forwarded the plan to the
29 Legislature, the Legislature is authorized, pursuant to Section 36-2405, Idaho
30 Code, to approve, amend or reject the management plan by concurrent resolu-
31 tion.
32 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-
33 sion of the Fifty-sixth Idaho Legislature, the House of Representatives and
34 the Senate concurring therein, that the Legislature of the State of Idaho
35 hereby approves the Yellowstone Grizzly Bear Management Plan. The Legislature
36 finds that the management plan will provide the management and conservation of
37 the species once it is delisted, and contains sufficient safeguards to protect
38 the health, safety, private property and economic well-being of the citizens
39 of the state of Idaho. The U.S. Fish and Wildlife Service should proceed with
40 the delisting process, removing the Yellowstone Grizzly Bear from protection
41 under the Endangered Species Act, and allowing the state of Idaho to assume
42 responsibility for Yellowstone Grizzly Bear management, effective upon the
43 availability of adequate and continuous federal funding for management and
44 conservation purposes.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Wheeler
Seconded by Raybould
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.C.R. NO. 49
1 AMENDMENT TO THE RESOLUTION
2 On page 1 of the resolution, in line 31, delete "." and insert: "; and";
3 and following line 31 insert:
4 "WHEREAS, modifications to the Yellowstone Grizzly Bear Management Plan
5 have been made as moved by the House Resources and Conservation Committee; and
6 WHEREAS, the Idaho Department of Fish and Game ("department") shall pre-
7 pare and submit an annual report to the House Resources and Conservation Com-
8 mittee on the implementation and progress of the Yellowstone Grizzly Bear Man-
9 agement Plan; and
10 WHEREAS, such report shall document Yellowstone grizzly bear effects upon
11 wildlife, depredation on domestic livestock, conflicts with humans and any
12 grizzly bear related human fatalities, coordination with the Conservation
13 Strategy, and any other subject matter as deemed appropriate and requested in
14 writing by the chairman of the House Resources and Conservation Committee.
15 Thereafter, the House Resources and Conservation Committee shall hold a spe-
16 cial public hearing, during each regularly scheduled legislative session,
17 wherein the department presents said report and the public has the opportunity
18 to comment; and
19 WHEREAS, because the U.S. Fish and Wildlife Service will closely monitor
20 the Yellowstone grizzly bear population for a minimum of five years following
21 the delisting of the Yellowstone grizzly bear population, the department shall
22 coordinate management strategies and any related rulemaking with the Gover-
23 nor's Office of Species Conservation. Any written comment prepared or submit-
24 ted by the department concerning the Yellowstone grizzly bear including, but
25 not limited to, comment on proposed or ongoing land management, use or devel-
26 opment, shall be coordinated with the Governor's Office of Species Conserva-
27 tion; and
28 WHEREAS, it is the expectation of the Legislature that the Conservation
29 Strategy for the Yellowstone grizzly bear be updated regularly, as required in
30 the Conservation Strategy, to reflect recovery success of the grizzly bear
31 within and around the Primary Conservation Area. Forest Plans, in the case of
32 the United States Forest Service, and Resource Management Plans, in the case
33 of the Bureau of Land Management, must be appropriately revised to reflect the
34 delisted status of the Yellowstone grizzly bear. Current land use restrictions
35 and any land use restrictions contained in or implemented pursuant to the Con-
36 servation Strategy shall be relaxed as recovery progresses to better accommo-
37 date the public. Because Idaho has developed its own plan for managing grizzly
38 bears upon delisting, and because wildlife management is the domain of the
39 state, the federal government shall coordinate with the state to ensure con-
40 sistency in resource management practices.";
41 in line 34, following "therein," insert: "provided the department's compliance
42 with criteria set forth above,"; and in line 35, delete "Plan" and insert:
43 "Plan, modified as moved by the House Resources and Conservation Committee,
2
1 which shall be identified as the final approved Yellowstone Grizzly Bear Man-
2 agement Plan and maintained at the Office of the Director of the Idaho Depart-
3 ment of Fish and Game".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE CONCURRENT RESOLUTION NO. 49, As Amended
BY RESOURCES AND CONSERVATION COMMITTEE
1 A CONCURRENT RESOLUTION
2 STATING FINDINGS OF THE LEGISLATURE AND APPROVING THE YELLOWSTONE GRIZZLY BEAR
3 MANAGEMENT PLAN.
4 Be It Resolved by the Legislature of the State of Idaho:
5 WHEREAS, pursuant to Section 36-2402, Idaho Code, the director of the
6 Department of Fish and Game, in cooperation and consultation with the Gover-
7 nor's Office of Species Conservation, was authorized to establish the
8 Yellowstone Grizzly Bear Delisting Advisory Team; and
9 WHEREAS, the primary goal of the Advisory Team was to develop recommenda-
10 tions for management of grizzly bears in Eastern Idaho that consider all the
11 varied landscapes, people, current land uses, culture, grizzly bear ecology,
12 and legal requirements once the grizzly bear population was removed from pro-
13 tection under the Endangered Species Act; and
14 WHEREAS, the Advisory Team was formed and met during the year 2001, and
15 developed and drafted a plan for the management and conservation of
16 Yellowstone grizzly bear in the state; and
17 WHEREAS, pursuant to Section 36-2405, Idaho Code, the plan was submitted
18 to the director of the Department of Fish and Game for review and recommenda-
19 tion to the Fish and Game Commission; and
20 WHEREAS, pursuant to Section 36-2405, Idaho Code, the Fish and Game Com-
21 mission was directed to forward the state management plan to the Governor's
22 Office of Species Conservation and the Legislature, conditioned upon its
23 approval of the plan and its finding that the management plan provides for the
24 management and conservation of the species when it is delisted and that rea-
25 sonable safeguards are included in the plan to protect the health, safety,
26 private property and economic well-being of the citizens of the state of
27 Idaho; and
28 WHEREAS, the Fish and Game Commission, having forwarded the plan to the
29 Legislature, the Legislature is authorized, pursuant to Section 36-2405, Idaho
30 Code, to approve, amend or reject the management plan by concurrent resolu-
31 tion; and
32 WHEREAS, modifications to the Yellowstone Grizzly Bear Management Plan
33 have been made as moved by the House Resources and Conservation Committee; and
34 WHEREAS, the Idaho Department of Fish and Game ("department") shall pre-
35 pare and submit an annual report to the House Resources and Conservation Com-
36 mittee on the implementation and progress of the Yellowstone Grizzly Bear Man-
37 agement Plan; and
38 WHEREAS, such report shall document Yellowstone grizzly bear effects upon
39 wildlife, depredation on domestic livestock, conflicts with humans and any
40 grizzly bear related human fatalities, coordination with the Conservation
41 Strategy, and any other subject matter as deemed appropriate and requested in
42 writing by the chairman of the House Resources and Conservation Committee.
43 Thereafter, the House Resources and Conservation Committee shall hold a spe-
44 cial public hearing, during each regularly scheduled legislative session,
2
1 wherein the department presents said report and the public has the opportunity
2 to comment; and
3 WHEREAS, because the U.S. Fish and Wildlife Service will closely monitor
4 the Yellowstone grizzly bear population for a minimum of five years following
5 the delisting of the Yellowstone grizzly bear population, the department shall
6 coordinate management strategies and any related rulemaking with the Gover-
7 nor's Office of Species Conservation. Any written comment prepared or submit-
8 ted by the department concerning the Yellowstone grizzly bear including, but
9 not limited to, comment on proposed or ongoing land management, use or devel-
10 opment, shall be coordinated with the Governor's Office of Species Conserva-
11 tion; and
12 WHEREAS, it is the expectation of the Legislature that the Conservation
13 Strategy for the Yellowstone grizzly bear be updated regularly, as required in
14 the Conservation Strategy, to reflect recovery success of the grizzly bear
15 within and around the Primary Conservation Area. Forest Plans, in the case of
16 the United States Forest Service, and Resource Management Plans, in the case
17 of the Bureau of Land Management, must be appropriately revised to reflect the
18 delisted status of the Yellowstone grizzly bear. Current land use restrictions
19 and any land use restrictions contained in or implemented pursuant to the Con-
20 servation Strategy shall be relaxed as recovery progresses to better accommo-
21 date the public. Because Idaho has developed its own plan for managing grizzly
22 bears upon delisting, and because wildlife management is the domain of the
23 state, the federal government shall coordinate with the state to ensure con-
24 sistency in resource management practices.
25 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-
26 sion of the Fifty-sixth Idaho Legislature, the House of Representatives and
27 the Senate concurring therein, provided the department's compliance with cri-
28 teria set forth above, that the Legislature of the State of Idaho hereby
29 approves the Yellowstone Grizzly Bear Management Plan, modified as moved by
30 the House Resources and Conservation Committee, which shall be identified as
31 the final approved Yellowstone Grizzly Bear Management Plan and maintained at
32 the Office of the Director of the Idaho Department of Fish and Game. The Leg-
33 islature finds that the management plan will provide the management and con-
34 servation of the species once it is delisted, and contains sufficient safe-
35 guards to protect the health, safety, private property and economic well-being
36 of the citizens of the state of Idaho. The U.S. Fish and Wildlife Service
37 should proceed with the delisting process, removing the Yellowstone Grizzly
38 Bear from protection under the Endangered Species Act, and allowing the state
39 of Idaho to assume responsibility for Yellowstone Grizzly Bear management,
40 effective upon the availability of adequate and continuous federal funding for
41 management and conservation purposes.
STATEMENT OF PURPOSE
RS 11995
This Concurrent Resolution will approve the Idaho Yellowstone
Grizzly Bear Management Plan which has been prepared in accordance
with Idaho Code 36-2402, 2403, 2404 and 2405.
FISCAL IMPACT
None.
Contact
Name: Rep. Cameron Wheeler
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE HCR 49