2002 Legislation
Print Friendly

HOUSE CONCURRENT RESOLUTION NO. 49 – S Res/Env<br />

HOUSE CONCURRENT RESOLUTION NO. 49

View Daily Data Tracking History

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                    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