2002 Legislation
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SENATE CONCURRENT RESOLUTION NO. 133 – Wolf conservatn/mngmt plan amended

SENATE CONCURRENT RESOLUTION NO. 133

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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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN 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 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."
 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.  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-
 12    lowing 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, and conservation identifies 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, or fur-
 30    bearer, or special classification of predator  that  provides  for  controlled
 31    take  after  delisting. This cClassification as a big game animal or furbearer
 32    will enable IDFG to provide protection for wolves, but  does  not  necessarily
 33    mean that IDFG will implement a harvest season as 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 the
 47    population  continues  to increase, wolves will be allowed to naturally expand
 48    their 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, and conservation identifies the societal impacts and costs of
  2    wolf  reintroduction.  Outreach  should  be  professionally  based  and should
  3    address all issues concerning conservation and management the 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 in
  8    Idaho called Living with Carnivores. Any program,  including  this  one,  that
  9    maintains  balance  and  legitimacy, will be considered acceptable in light of
 10    this 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  not
 23    needed  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  --
 32    such  as Living with Carnivores, or a similar program -- that increases public
 33    understanding 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,  and natural history a 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  a
 54    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    wolves should may be authorized after Idaho receives management authority  for
  9    a 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  wolves will should continue to be handled under the same process specified
 16    for losses caused by mountain lions or black bears (Idaho Code section 36-115)
 17    except that a separate depredation account will  be  established  specifically
 18    for  wolf-caused losses. This wolf depredation account will be established and
 19    maintained exclusively with federal, private, or other non-state funds paid 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 or
 24    probable losses as  compared  to  historical  losses  before  wolf  predation;
 25    decrease  in  weaning or pregnancy rates based on historical data; or labor or
 26    other expenses required to resolve disruption of ranch activities. While  much
 27    of  this  information may be difficult to verify or quantify, decisions should
 28    be 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 the USFWS, wolf advo-
 14    cacy groups, livestock industry, outfitting industry, Idaho sportsmen,  and  a
 15    diverse  public. IDFG will update this plan periodically needs 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).
 29    If the population rises, we will not take specific action  to  lower  it,  but
 30    will  follow  the  guiding  principle  of  limiting the population only to the
 31    extent 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 and
 35    the related issue of hunting and  trapping,  we  clarify  as  follows.  First,
 36    regarding  hunting,  if  the  suggestion is borne out that hunting will become
 37    necessary in less than 5 years after delisting, then IDFG may need to consider
 38    opening a season on wolves as part of the wolf management program. The commit-
 39    tee recommends that this option be considered as  a  last  resort  during  the
 40    first   5   years   after   de-listing,   and  be  considered  with  customary
 41    professionalism 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 / Fiscal Impact



                  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