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SCR133.....................................................by STATE AFFAIRS WOLF CONSERVATION/MANAGEMENT PLAN - Stating findings of the Legislature and approving, conditioned upon amendment, the Idaho Wolf Conservation and Management Plan. 03/01 Senate intro - 1st rdg - to printing 03/04 Rpt prt - to Res/Env
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE CONCURRENT RESOLUTION NO. 133 BY STATE AFFAIRS COMMITTEE 1 A CONCURRENT RESOLUTION 2 STATING FINDINGS OF THE LEGISLATURE AND APPROVING, CONDITIONED UPON AMENDMENT, 3 THE IDAHO WOLF CONSERVATION AND MANAGEMENT PLAN. 4 Be It Resolved by the Legislature of the State of Idaho: 5 WHEREAS, pursuant to Section 36-715, Idaho Code, the Idaho Department of 6 Fish and Game, in conjunction with the Wolf Oversight Committee, has completed 7 an Idaho Wolf Conservation and Management Plan, identified as "Draft 17" and 8 dated January 2002, and submitted the plan to the Legislature for review; and 9 WHEREAS, pursuant to Section 36-2405, Idaho Code, management plans are 10 subject to legislative approval, amendment or rejection by concurrent resolu- 11 tion; and 12 WHEREAS, based upon review of the plan, the Legislature of the State of 13 Idaho, herein amends the plan as follows: 14 Draft 17 - Page 4 of 32. The first full paragraph of the page shall be 15 amended as follows: 16 "The goal of this conservation and management plan is to ensure the long- 17 term survival of wolves in Idaho while minimizing wolf-human conflicts that 18 result when wolves and people live in the same vicinity. Conservation of 19 wolves requires management. Management for wolves means ensuring adequate num- 20 bers for long-term persistence of the species as well as ensuring that land- 21 owners, land managers, other citizens, and their property are protected. Sec- 22 tion 1, Article I of the Constitution of the State of Idaho reads "All men are 23 by nature free and equal, and have certain inalienable rights, among which are 24 enjoying and defending life and liberty; acquiring, possessing and protecting 25 property; pursuing happiness and securing safety." The Governor's Office of 26 Species Conservation shall begin immediate discussions with the United States 27 Fish and Wildlife Service to define how the rights guaranteed by Section 1, 28 Article I, of the Constitution of the State of Idaho will be preserved and 29 recognized. Without management, conservation is overcome by conflict. The 30 State of Idaho iscommitted to the conservation of wolveson the record asking 31 the federal government to remove wolves from the state by the adoption in 2001 32 of House Joint Memorial No. 5. The position reflected in House Joint Memorial 33 No. 5 continues to be the official position of the State of Idaho. However, in 34 order to use every available option to mitigate the severe impacts on the res- 35 idents of the State of Idaho, the state will seek delisting and manage wolves 36 at recovery levels." 37 Draft 17 - Page 4 of 32. Subsection 2) shall be amended as follows: 38 "Classification or Status of the Wolf - In order to protect wolf popula- 39 tions by enforcing regulations and issuing citations for illegal take and by 40 limiting and regulating legal take, wolves will be classified as either a big 41 game animal,orfurbearer, or special classification of predator that provides 42 for controlled take after delisting, at the discretion of the Idaho Fish and 43 Game Commission (I.C. section 36-201). 44 Draft 17 - Page 4 of 32. Subsection 3) shall be amended as follows: 2 1 "Population Objectives - Wolf population estimates are, at best, 2 approximations, and establishment of specific population sizes to be main- 3 tained is not realistic. In most instances, wolves can be managed similarly to 4 how (note 4, p. 31) other large native mammalian predators (black bears and 5 mountain lions) are traditionally managed. IDFG will manage wolves within the 6 state according to the chart on page 5 (Table 1).IDFG's guiding principle,7however, will be to allow wolves to naturally expand their range provided that8wolf-related problems remain under control.However, population growth is 9 unlikely to be controlled by sport hunting. In general, regardless of their 10 location, wolf packs that are not creating conflict will be allowed to per- 11 sist.No hunting of wolves should be authorized for a period of 5 years fol-12lowing transfer of management (note 1, p. 31)." 13 Draft 17 - Page 4 of 32. Subsection 8) shall be amended as follows: 14 "Education - Establish a strong public education program that emphasizes 15 wolf biology, management, andconservationidentifies the societal impacts and 16 costs of wolf reintroduction. Input from economic sectors will be included in 17 the presentation of the overall wolf educational component to be presented at 18 any educational presentation." 19 Draft 17 - Page 7 of 32. The last paragraph shall be amended as follows: 20 "IDFG is charged by statute with the management of Idaho's wildlife (Idaho 21 Code section 36-103(a): "All wildlife, including all wild animals, wild birds, 22 and fish, within the state of Idaho, is hereby declared to be the property of 23 the state of Idaho. It shall be preserved, protected, perpetuated, and man- 24 aged. It shall be only captured or taken at such times or places, under such 25 conditions, or by such means, or in such manner, as will preserve, protect and 26 perpetuate such wildlife, and provide for the citizens of this state and, as 27 by law permitted to others, continued supplies of such wildlife for hunting, 28 fishing and trapping."). This plan will enable the transition of the manage- 29 ment of the gray wolf back to the IDFG as either a big game animal,orfur- 30 bearer, or special classification of predator that provides for controlled 31 take after delisting. This cClassificationas a big game animal or furbearer32 will enable IDFG to provide protection for wolves, but does not necessarily33mean that IDFG will implement a harvest seasonas well as consider the impacts 34 of wolves on other big game species, those sectors of the economy dependent 35 upon sport hunting, livestock, domestic animals, and humans." 36 Draft 17 - Page 17 of 32. The last paragraph shall be amended as follows: 37 "Through a Memorandum of Understanding with the Idaho State Animal Damage 38 Control Board, USDA APHIS Wildlife Services is responsible for dealing with a 39 wide variety of wildlife damage problems including predation on livestock. 40 After delisting, including during the first five years, the Wildlife Services 41 Agency of the U.S. Department of Agriculture, in cooperation with the Idaho 42 Department of Fish and Game, will be responsible for depredation management 43 necessary for the protection of private property." 44 Draft 17 - Page 18 of 32. Subsection 1. shall be amended as follows: 45 "1. Manage wolves according to the chart on page 5 (Table 1) to ensure 46 that wolves will not become re-listed under the Endangered Species Act.If the47population continues to increase, wolves will be allowed to naturally expand48their range where packs can persist without creating conflict.The wolf popu- 49 lation will be managed at recovery levels until it can be established that 50 wolves in increasing numbers will not adversely affect big game populations, 51 the economic viability of IDFG, outfitters and guides, and others who depend 52 on a viable population of big game animals. If the population falls below 15 53 packs, institute remedial management measures (note 1, p. 31)." 54 Draft 17 - Page 18 of 32. Subsection 5. shall be amended as follows: 55 "5. Establish a strong public education program that emphasizes wolf biol- 3 1 ogy, management, andconservationidentifies the societal impacts and costs of 2 wolf reintroduction. Outreach should be professionally based and should 3 address all issues concerningconservation and managementthe impact of wolves 4 on big game species, those sectors of the economy dependent upon sport hunt- 5 ing, livestock, domestic animals, and humans. It is expected that Idaho Fish & 6 Game will solicit cooperation and advice from all vested interests in develop- 7 ing educational materials.Currently, the USFWS is sponsoring a program in8Idaho called Living with Carnivores. Any program, including this one, that9maintains balance and legitimacy, will be considered acceptable in light of10this plan (note 6, p. 32).The cost of wolf reintroduction will be presented 11 as a part of any public education program including direct and indirect 12 costs." 13 Draft 17 - Page 18 of 32. The second paragraph under "Wolf Population 14 Objectives" shall be amended as follows: 15 "Wolf management programs will influence the size and distribution of the 16 population, although it will fluctuate with the availability and vulnerability 17 of native prey. Where wolves are causing depredations, their distribution and 18 numbers will have to be altered. When circumstances cause declines in the nat- 19 ural prey that are demonstrated as being attributable to wolf predation, man- 20 agement may be needed to temporarily reduce populations. In most instances, 21 wolves can be managed similarly to how other large native mammalian predators 22 are traditionally managed(note 4, p. 31). Population objectives are not23needed to effect these management activities. However, sport hunting has not 24 proven effective in the past to effectively manage wolf populations. The IDFG 25 is authorized to evaluate and use sport hunting or any other means necessary 26 to maintain wolf populations at recovery levels until such time as all impacts 27 are known." 28 Draft 17 - Page 18 of 32. The last paragraph under "Wolf Population Objec- 29 tives" begins on page 18 of 32 and ends on page 19 of 32, and shall be amended 30 as follows: 31 "The best protection for wolves will be an effective education program --32such as Living with Carnivores, or a similar program -- that increases public33understanding of the management and conservation of this species.In the 34 unlikely event the population falls below 10 packs, depredations will be 35 addressed with nonlethal control unless unusual circumstances absolutely 36 necessitate the use of lethal control to end the depredation problem. Except 37 for the lethal control measures, wolf management will revert to the same pro- 38 visions that were in effect to recover the wolf population prior to delisting 39 (50 CFR Part 17, page 80270)." 40 Draft 17 - Page 19 of 32. The first paragraph under "Incidental Take" 41 shall be amended as follows: 42 "Human-related accidental deaths of wolves (capture myopathy, automobile 43 accidents, etc.) Are expected to occur occasionally, and inadvertent take of 44 wolves by hunters and trappers during the course of otherwise legal actions is 45 not expected to adversely affect wolf population objectives. In an effort to 46 minimize such accidental take of wolves, IDFG will include a section on wolf 47 identification, andnatural historya brief history of the reintroduction and 48 conflict created thereby, as part of all required hunter education classes and 49 provide similar information to all trapping license buyers." 50 Draft 17 - Page 20 of 32. The first paragraph under "Wolf Management" 51 shall be amended as follows: 52 "Wolves, when delisted, will become a component of the native resident 53 wildlife in Idaho. The designation of the wolf as a big game species,or as a54 furbearer, or special classification of predator that provides for controlled 55 take provides legal authorization for Idaho Department of Fish and Game to 4 1 manage the species. Management includes inventory; predator-prey research; 2 harvest monitoring; cooperation with agencies, individuals, tribes, other 3 states, and Canada; control to reduce depredations; and dissemination to the 4 public of current, accurate information. In Idaho, hunting and trapping may be 5 considered in the future when populations are at levels that justify public 6 taking. If this is proposed by IDFG, there will be opportunity for full public 7 comment and decisions will be based on sound biological data.No hHunting of 8 wolvesshouldmay be authorizedafter Idaho receives management authority for9a period of 5 years following transfer of management (note 1, p. 31)when nec- 10 essary to meet big game harvest objectives and eliminate conflicts, while at 11 the same time maintaining wolves at recovery levels." 12 Draft 17 - Page 22 of 32. The first paragraph under "Compensation for 13 Livestock Depredation" shall be amended as follows: 14 "Following delisting, cClaims for compensation for domestic animals killed 15 by wolveswillshould continue to behandled under the same process specified16for losses caused by mountain lions or black bears (Idaho Code section 36-115)17except that a separate depredation account will be established specifically18for wolf-caused losses. This wolf depredation account will be established and19maintained exclusively with federal, private, or other non-state fundspaid by 20 Defenders of Wildlife." 21 Draft 17 - Page 22 of 32. The second paragraph under "Compensation for 22 Livestock Depredation" shall be amended as follows: 23 "Claims for compensation may be based on confirmed losses; suspected or24probable losses as compared to historical losses before wolf predation;25decrease in weaning or pregnancy rates based on historical data; or labor or26other expenses required to resolve disruption of ranch activities. While much27of this information may be difficult to verify or quantify, decisions should28be based on the best scientific or commercial evidence available.Other wolf 29 related losses are probably occurring. Decrease in weaning weights, pregnancy 30 rates, and disruption of ranch activities are examples of possible losses." 31 Draft 17 - Page 23 of 32. The first full paragraph shall be amended as 32 follows: 33 "Monitoring of prey populations, especially the deer species and elk, will 34 need to be continued. Similar to the predator, annual census of selected, 35 important prey populations should be conducted by IDFG and compared with data 36 collected prior to wolf reintroduction. It is extremely important that annual 37 census of these populations is conducted in order to detect trend and eventu- 38 ally to aid in developing predictions of population size. Factors that affect 39 prey numbers, including weather, habitat conditions, predation, and hunter 40 harvest, need to be fully assessed for these selected populations. Population 41 size estimates plus sex and age ratio data are minimum information to be 42 obtained from prey monitoring. More specific information on age structure, 43 both of the hunter harvest and wolf take, is desirable and should be obtained 44 when concerns about the level of wolf predation are raised. Wolves may cur- 45 rently be adversely affecting ungulate populations. The Idaho Fish and Game 46 Commission, with assistance from the Governor's Office of Species Conserva- 47 tion, shall begin immediate discussions with the U.S. Fish and Wildlife Ser- 48 vice to define unacceptable levels of effect on ungulate populations by wolf 49 predation; specifically, they will define how these effects would be measured, 50 and will identify possible solutions." 51 Draft 17 - Page 23 of 32. The second full paragraph shall be amended as 52 follows: 53 "IDFG and the state legislature will seek the assistance of the Idaho con- 54 gressional delegation to obtain federal funding sources to pay for the cost of 55 wolf management (e.g., in FY2001, Interior appropriations budget contained 5 1 $188,000 for prey base monitoring). If the Idaho Congressional delegation is 2 unsuccessful at providing ongoing adequate funding to cover the cost of wolf 3 management, the State of Idaho is under no obligation to manage wolves. Pro- 4 vided, however, the State of Idaho is not precluded from using state resources 5 to eliminate or control wolf related conflict. IDFG will additionally seek 6 funding from outside entities, including wolf advocacy groups, to aid in all 7 wolf management efforts. The Governor's OSC is currently working with IDFG, 8 the Idaho Outfitters and Guides Association, and others to begin closer moni- 9 toring of prey populations now, so that better data will be available to man- 10 agers over time after delisting (note 1, p. 31)." 11 Draft 17 - Page 24 of 32. The final paragraph shall be amended as follows: 12 "This plan must be flexible enough to be compatible with the dynamics of 13 society and wildlife management. The plan must satisfy theUSFWS, wolf advo-14cacy groups, livestock industry, outfitting industry, Idaho sportsmen, and a15diverse public. IDFG will update this plan periodicallyneeds of the State of 16 Idaho in its effort to minimize the impact of wolves on the Idaho outfitting 17 industry, Idaho sportsmen, a diverse public and all others affected by wolf 18 introduction. IDFG will update this plan periodically and submit any changes 19 to the Idaho Legislature as if it were a new plan submitted for approval, 20 amendment or rejection under Section 36-2405, Idaho Code." 21 Draft 17 - Page 31 of 32. Subsection 1. The second paragraph shall be 22 amended as follows: 23 "The concern about the population exceeding the minimum came from 24 reviewers who are expert with full-fledged wolf populations, which inclines us 25 to favor that concern (Mech 2001). At the same time, we recognize the need to 26 clarify our numbers. In short, if the population falls below 15 packs, we will 27 begin instituting remedial measures, and if it falls below 10 packs, we will 28 revert to the control plan currently specified in federal rules (50 CFR 17). 29If the population rises, we will not take specific action to lower it, but30will follow the guiding principle of limiting the population only to the31extent necessary for controlling wolf-related problems." 32 Draft 17 - Page 31 of 32. Subsection 1. The third paragraph shall be 33 amended as follows: 34 "Regarding federal decisions about de-listing and re-listing wolves and35the related issue of hunting and trapping, we clarify as follows. First,36regarding hunting, if the suggestion is borne out that hunting will become37necessary in less than 5 years after delisting, then IDFG may need to consider38opening a season on wolves as part of the wolf management program. The commit-39tee recommends that this option be considered as a last resort during the40first 5 years after de-listing, and be considered with customary41professionalism thereafter. Second, iIf the wolf population shrinks and 42 remains low, the committee does not presume whether wolves would be re-listed 43 under the ESA. To consider re-listing, the USFWS will follow whatever proce- 44 dures are current under Section 4 of ESA. Third, to remain clear of any possi- 45 ble confusion about the number of wolves necessary to de-list the currently 46 listed populations, the committee does not presume how wolves will be de- 47 listed, noting that the Governor's OSC is currently working with the USFWS and 48 a 3-state partnership to determine that." 49 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses- 50 sion of the Fifty-sixth Idaho Legislature, the Senate and the House of Repre- 51 sentatives concurring therein, that the Idaho Wolf Conservation and Management 52 Plan shall be approved only upon amendment of the plan as set forth herein.
STATEMENT OF PURPOSE RS 12162 This Concurrent Resolution will amend the Idaho Wolf Conservation and Management Plan FISCAL IMPACT None Contact Name: Senator Stan Hawkins Phone: 332-1325 STATEMENT OF PURPOSE/FISCAL NOTE SCR 133