2002 Legislation
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SENATE CONCURRENT RESOLUTION NO. 134 – Wolf conservatn/mngmt plan amended

SENATE CONCURRENT RESOLUTION NO. 134

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SCR134.....................................................by STATE AFFAIRS
WOLF CONSERVATION/MANAGEMENT PLAN - Stating findings of the Legislature and
approving, conditioned upon amendment, the Idaho Wolf Conservation and
Management Plan.
                                                                        
03/04    Senate intro - 1st rdg - to printing
    Rpt prt - to Res/Env
03/05    Rpt out - rec d/p - to 10th Ord
03/06    10th Ord - ADOPTED - 34-0-1
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
      Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
      Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- Sims
    Floor Sponsors - Hawkins & Noh
    Title apvd - to House
03/06    House intro - 1st rdg - to Res/Con
03/14    Rpt out - rec d/p - to 2nd rdg
    Rls susp - ADOPTED - 58-9-3
      AYES -- Barraclough, Bedke, Bell, Bieter, Black, Block, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy,
      Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
      Gould, Hadley, Hammond, Henbest, Higgins, Hornbeck, Jaquet, Jones,
      Kunz, Lake, Loertscher, Mader, Martinez, Meyer, Montgomery,
      Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger,
      Robison, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie,
      Stevenson, Stone, Tilman, Trail, Wheeler, Young, Mr. Speaker
      NAYS -- Barrett, Harwood, Hornbeck, Kendell, Langford, McKague,
      Roberts, Sali, Wood
      Absent and excused -- Aikele, Deal, Kellogg
    Floor Sponsor - Wheeler
    Title apvd - to Senate
03/14    To enrol
03/15    Rpt enrol - Pres Signed - Sp signed
03/15    To Secretary of State

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                            SENATE CONCURRENT RESOLUTION NO. 134
                                                                        
                                 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 is committed to the conservation of wolves on 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 that will ensure viable, self-sustaining populations."
 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, or furbearer, 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,
  7    however, will be to allow wolves to naturally expand their range provided that
  8    wolf-related problems remain under control. If it can be shown that wolves can
  9    expand their range without causing unacceptable conflict, they will be allowed
 10    to do so. However, population growth is unlikely to  be  controlled  by  sport
 11    hunting.  In  general,  regardless  of their location, wolf packs that are not
 12    creating conflict will be allowed to persist. No hunting of wolves  should  be
 13    authorized  for  a period of 5 years following transfer of management (note 1,
 14    p. 31)."
 15        Draft 17 - Page 4 of 32. Subsection 8) shall be amended as follows:
 16        "Education - Establish a strong public education program  that  emphasizes
 17    wolf  biology,  management,  and conservation, and presents a balanced view of
 18    the societal impacts and costs of wolf  reintroduction.  Input  from  economic
 19    sectors  will  be included in the presentation of the overall wolf educational
 20    component to be presented at any educational presentation."
 21        Draft 17 - Page 7 of 32. The last paragraph shall be amended as follows:
 22        "IDFG is charged by statute with the management of Idaho's wildlife (Idaho
 23    Code section 36-103(a): "All wildlife, including all wild animals, wild birds,
 24    and fish, within the state of Idaho, is hereby declared to be the property  of
 25    the  state  of  Idaho. It shall be preserved, protected, perpetuated, and man-
 26    aged. It shall be only captured or taken at such times or places,  under  such
 27    conditions, or by such means, or in such manner, as will preserve, protect and
 28    perpetuate  such  wildlife, and provide for the citizens of this state and, as
 29    by law permitted to others, continued supplies of such wildlife  for  hunting,
 30    fishing  and  trapping."). This plan will enable the transition of the manage-
 31    ment of the gray wolf back to the IDFG as either a big game  animal,  or  fur-
 32    bearer,  or  special  classification  of predator that provides for controlled
 33    take after delisting. This cClassification as a big game animal  or  furbearer
 34    will  enable  IDFG  to provide protection for wolves, but does not necessarily
 35    mean that IDFG will implement a harvest season as well as consider the impacts
 36    of wolves on other big game species, those sectors of  the  economy  dependent
 37    upon sport hunting, livestock, domestic animals, and humans."
 38        Draft 17 - Page 17 of 32. The last paragraph shall be amended as follows:
 39        "Through  a Memorandum of Understanding with the Idaho State Animal Damage
 40    Control Board, USDA APHIS Wildlife Services is responsible for dealing with  a
 41    wide  variety  of  wildlife  damage problems including predation on livestock.
 42    After delisting, including during the first five years, the Wildlife  Services
 43    Agency  of  the  U.S. Department of Agriculture, in cooperation with the Idaho
 44    Department of Fish and Game, will be responsible  for  depredation  management
 45    necessary for the protection of private property."
 46        Draft 17 - Page 18 of 32. Subsection 1. shall be amended as follows:
 47        "1.  Manage  wolves  according  to the chart on page 5 (Table 1) to ensure
 48    that wolves will not become re-listed under the Endangered Species Act. If the
 49    population continues to increase, wolves will be allowed to  naturally  expand
 50    their  range where packs can persist without creating conflict. The wolf popu-
 51    lation will be managed at recovery levels that will ensure  viable,  self-sus-
 52    taining populations until it can be established that wolves in increasing num-
 53    bers will not adversely affect big game populations, the economic viability of
 54    IDFG,  outfitters  and guides, and others who depend on a viable population of
 55    big game animals. If the population falls below 15 packs,  institute  remedial
                                                                        
                                           3
                                                                        
  1    management measures (note 1, p. 31)."
  2        Draft 17 - Page 18 of 32. Subsection 5. shall be amended as follows:
  3        "5. Establish a strong public education program that emphasizes wolf biol-
  4    ogy, management, and conservation and presents a balanced view of the societal
  5    impacts  and  costs  of wolf reintroduction. Outreach should be professionally
  6    based and should address all issues concerning conservation and management and
  7    present a balanced view of the impact of wolves on  big  game  species,  those
  8    sectors  of the economy dependent upon sport hunting, livestock, domestic ani-
  9    mals, and humans. It is expected that Idaho Fish & Game will solicit  coopera-
 10    tion and advice from all vested interests in developing educational materials.
 11    Currently,  the  USFWS  is  sponsoring  a  program in Idaho called Living with
 12    Carnivores. Any program, including this one, that maintains balance and legit-
 13    imacy, will be considered acceptable in light of this plan (note  6,  p.  32).
 14    The cost of wolf reintroduction will be presented as a part of any public edu-
 15    cation program including direct and indirect costs."
 16        Draft  17  -  Page  18  of 32. The second paragraph under "Wolf Population
 17    Objectives" shall be amended as follows:
 18        "Wolf management programs will influence the size and distribution of  the
 19    population, although it will fluctuate with the availability and vulnerability
 20    of  native prey. Where wolves are causing depredations, their distribution and
 21    numbers will have to be altered. When circumstances cause declines in the nat-
 22    ural prey that are demonstrated as being attributable to wolf predation,  man-
 23    agement  may  be  needed to temporarily reduce populations. In most instances,
 24    wolves can be managed similarly to how other large native mammalian  predators
 25    are  traditionally  managed  (note  4,  p.  31). Population objectives are not
 26    needed to effect these management activities. However, sport hunting  has  not
 27    proven  effective in the past to effectively manage wolf populations. The IDFG
 28    is authorized to evaluate and use sport hunting or any other  means  necessary
 29    to  maintain  wolf  populations  at recovery levels that will ensure a viable,
 30    self-sustaining population until such time as all impacts are known."
 31        Draft 17 - Page 18 of 32. The last paragraph under "Wolf Population Objec-
 32    tives" begins on page 18 of 32 and ends on page 19 of 32, and shall be amended
 33    as follows:
 34        "The best protection for wolves will be an effective education program  --
 35    such  as Living with Carnivores, or a similar program -- that increases public
 36    understanding of the management and  conservation  of  this  species.  In  the
 37    unlikely  event  the  population  falls  below  10 packs, depredations will be
 38    addressed with  nonlethal  control  unless  unusual  circumstances  absolutely
 39    necessitate  the  use of lethal control to end the depredation problem. Except
 40    for the lethal control measures, wolf management will revert to the same  pro-
 41    visions  that were in effect to recover the wolf population prior to delisting
 42    (50 CFR Part 17, page 80270)."
 43        Draft 17 - Page 19 of 32. The  first  paragraph  under  "Incidental  Take"
 44    shall be amended as follows:
 45        "Human-related  accidental  deaths of wolves (capture myopathy, automobile
 46    accidents, etc.) Are expected to occur occasionally, and inadvertent  take  of
 47    wolves by hunters and trappers during the course of otherwise legal actions is
 48    not  expected  to adversely affect wolf population objectives. In an effort to
 49    minimize such accidental take of wolves, IDFG will include a section  on  wolf
 50    identification,  and natural history a brief history of the reintroduction and
 51    conflict created thereby, as part of all required hunter education classes and
 52    provide similar information to all trapping license buyers."
 53        Draft 17 - Page 20 of 32. The  first  paragraph  under  "Wolf  Management"
 54    shall be amended as follows:
 55        "Wolves,  when  delisted,  will  become a component of the native resident
                                                                        
                                           4
                                                                        
  1    wildlife in Idaho. The designation of the wolf as a big game species, or as  a
  2    furbearer,  or special classification of predator that provides for controlled
  3    take provides legal authorization for Idaho Department of  Fish  and  Game  to
  4    manage  the  species.  Management  includes inventory; predator-prey research;
  5    harvest monitoring; cooperation  with  agencies,  individuals,  tribes,  other
  6    states,  and  Canada; control to reduce depredations; and dissemination to the
  7    public of current, accurate information. In Idaho, hunting and trapping may be
  8    considered in the future when populations are at levels  that  justify  public
  9    taking. If this is proposed by IDFG, there will be opportunity for full public
 10    comment  and  decisions will be based on sound biological data. No hHunting of
 11    wolves should may be authorized after Idaho receives management authority  for
 12    a period of 5 years following transfer of management (note 1, p. 31) when nec-
 13    essary  to  meet big game harvest objectives and eliminate conflicts, while at
 14    the same time maintaining wolves at recovery levels that will  ensure  viable,
 15    self-sustaining populations."
 16        Draft  17  -  Page  22  of 32. The first paragraph under "Compensation for
 17    Livestock Depredation" shall be amended as follows:
 18        "Following delisting, cClaims for compensation for domestic animals killed
 19    by wolves will should continue to be handled under the same process  specified
 20    for losses caused by mountain lions or black bears (Idaho Code section 36-115)
 21    except  that  a  separate depredation account will be established specifically
 22    for wolf-caused losses. This wolf depredation account will be established  and
 23    maintained exclusively with federal, private, or other non-state funds paid by
 24    Defenders of Wildlife."
 25        Draft  17  -  Page  22 of 32. The second paragraph under "Compensation for
 26    Livestock Depredation" shall be amended as follows:
 27        "Claims for compensation may be based on confirmed  losses;  suspected  or
 28    probable  losses  as  compared  to  historical  losses  before wolf predation;
 29    decrease in weaning or pregnancy rates based on historical data; or  labor  or
 30    other  expenses required to resolve disruption of ranch activities. While much
 31    of this information may be difficult to verify or quantify,  decisions  should
 32    be  based  on the best scientific or commercial evidence available. Other wolf
 33    related losses are probably occurring. Decrease in weaning weights,  pregnancy
 34    rates, and disruption of ranch activities are examples of possible losses."
 35        Draft  17  -  Page  23 of 32. The first full paragraph shall be amended as
 36    follows:
 37        "Monitoring of prey populations, especially the deer species and elk, will
 38    need to be continued. Similar to the  predator,  annual  census  of  selected,
 39    important  prey populations should be conducted by IDFG and compared with data
 40    collected prior to wolf reintroduction. It is extremely important that  annual
 41    census  of these populations is conducted in order to detect trend and eventu-
 42    ally to aid in developing predictions of population size. Factors that  affect
 43    prey  numbers,  including  weather,  habitat conditions, predation, and hunter
 44    harvest, need to be fully assessed for these selected populations.  Population
 45    size  estimates  plus  sex  and  age  ratio data are minimum information to be
 46    obtained from prey monitoring. More specific  information  on  age  structure,
 47    both  of the hunter harvest and wolf take, is desirable and should be obtained
 48    when concerns about the level of wolf predation are raised.  Wolves  may  cur-
 49    rently  be  adversely  affecting ungulate populations. The Idaho Fish and Game
 50    Commission, with assistance from the Governor's Office  of  Species  Conserva-
 51    tion,  shall  begin immediate discussions with the U.S. Fish and Wildlife Ser-
 52    vice to define unacceptable levels of effect on ungulate populations  by  wolf
 53    predation; specifically, they will define how these effects would be measured,
 54    and will identify possible solutions."
 55        Draft  17  -  Page 23 of 32. The second full paragraph shall be amended as
                                                                        
                                           5
                                                                        
  1    follows:
  2        "IDFG and the state legislature will seek the assistance of the Idaho con-
  3    gressional delegation to obtain federal funding sources to pay for the cost of
  4    wolf management (e.g., in FY2001,  Interior  appropriations  budget  contained
  5    $188,000  for  prey base monitoring). If the Idaho Congressional delegation is
  6    unsuccessful at providing ongoing adequate funding to cover the cost  of  wolf
  7    management,  the  State of Idaho is under no obligation to manage wolves. Pro-
  8    vided, however, the State of Idaho is not precluded from using state resources
  9    to eliminate or control wolf related conflict.  IDFG  will  additionally  seek
 10    funding  from  outside entities, including wolf advocacy groups, to aid in all
 11    wolf management efforts. The Governor's OSC is currently  working  with  IDFG,
 12    the  Idaho Outfitters and Guides Association, and others to begin closer moni-
 13    toring of prey populations now, so that better data will be available to  man-
 14    agers over time after delisting (note 1, p. 31)."
 15        Draft 17 - Page 24 of 32. The final paragraph shall be amended as follows:
 16        "This  plan  must be flexible enough to be compatible with the dynamics of
 17    society and wildlife management. The plan must satisfy the USFWS,  wolf  advo-
 18    cacy  groups,  livestock industry, outfitting industry, Idaho sportsmen, and a
 19    diverse public. IDFG will update this plan periodically needs of the State  of
 20    Idaho  in  its effort to minimize the impact of wolves on the Idaho outfitting
 21    industry, Idaho sportsmen, a diverse public and all others  affected  by  wolf
 22    introduction.  IDFG  will update this plan periodically and submit any changes
 23    to the Idaho Legislature as if it were a  new  plan  submitted  for  approval,
 24    amendment or rejection under Section 36-2405, Idaho Code."
 25        Draft  17  -  Page  31  of 32. Subsection 1. The second paragraph shall be
 26    amended as follows:
 27        "The  concern  about  the  population  exceeding  the  minimum  came  from
 28    reviewers who are expert with full-fledged wolf populations, which inclines us
 29    to favor that concern (Mech 2001). At the same time, we recognize the need  to
 30    clarify our numbers. In short, if the population falls below 15 packs, we will
 31    begin  instituting  remedial measures, and if it falls below 10 packs, we will
 32    revert to the control plan currently specified in federal rules (50  CFR  17).
 33    If  the  population  rises,  we will not take specific action to lower it, but
 34    will follow the guiding principle of  limiting  the  population  only  to  the
 35    extent necessary for controlling wolf-related problems."
 36        Draft  17  -  Page  31  of  32. Subsection 1. The third paragraph shall be
 37    amended as follows:
 38        "Regarding federal decisions about de-listing and  re-listing  wolves  and
 39    the  related  issue  of  hunting  and  trapping, we clarify as follows. First,
 40    regarding hunting, if the suggestion is borne out  that  hunting  will  become
 41    necessary in less than 5 years after delisting, then IDFG may need to consider
 42    opening a season on wolves as part of the wolf management program. The commit-
 43    tee  recommends  that  this  option  be considered as a last resort during the
 44    first  5  years  after  de-listing,   and   be   considered   with   customary
 45    professionalism  thereafter.  Second,  iIf  the  wolf  population  shrinks and
 46    remains low, the committee does not presume whether wolves would be  re-listed
 47    under  the  ESA. To consider re-listing, the USFWS will follow whatever proce-
 48    dures are current under Section 4 of ESA. Third, to remain clear of any possi-
 49    ble confusion about the number of wolves necessary to  de-list  the  currently
 50    listed  populations,  the  committee  does  not presume how wolves will be de-
 51    listed, noting that the Governor's OSC is currently working with the USFWS and
 52    a 3-state partnership to determine that."
 53        NOW, THEREFORE, BE IT RESOLVED by the members of the Second  Regular  Ses-
 54    sion  of the Fifty-sixth Idaho Legislature, the Senate and the House of Repre-
 55    sentatives concurring therein, that the Idaho Wolf Conservation and Management
                                                                        
                                           6
                                                                        
  1    Plan shall be approved only upon amendment of the plan as set forth herein.