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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 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 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,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.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 be13authorized for a period of 5 years following transfer of management (note 1,14p. 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,andconservation, 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,orfur- 32 bearer, or special classification of predator that provides for controlled 33 take after delisting. This cClassificationas a big game animal or furbearer34 will enable IDFG to provide protection for wolves, but does not necessarily35mean that IDFG will implement a harvest seasonas 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 the49population continues to increase, wolves will be allowed to naturally expand50their 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. 11Currently, the USFWS is sponsoring a program in Idaho called Living with12Carnivores. Any program, including this one, that maintains balance and legit-13imacy, 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 not26needed 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 --35such as Living with Carnivores, or a similar program -- that increases public36understanding 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, andnatural historya 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 a2 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 wolvesshouldmay be authorizedafter Idaho receives management authority for12a 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 wolveswillshould continue to behandled under the same process specified20for losses caused by mountain lions or black bears (Idaho Code section 36-115)21except that a separate depredation account will be established specifically22for wolf-caused losses. This wolf depredation account will be established and23maintained exclusively with federal, private, or other non-state fundspaid 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 or28probable losses as compared to historical losses before wolf predation;29decrease in weaning or pregnancy rates based on historical data; or labor or30other expenses required to resolve disruption of ranch activities. While much31of this information may be difficult to verify or quantify, decisions should32be 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 theUSFWS, wolf advo-18cacy groups, livestock industry, outfitting industry, Idaho sportsmen, and a19diverse public. IDFG will update this plan periodicallyneeds 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). 33If the population rises, we will not take specific action to lower it, but34will follow the guiding principle of limiting the population only to the35extent 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 and39the related issue of hunting and trapping, we clarify as follows. First,40regarding hunting, if the suggestion is borne out that hunting will become41necessary in less than 5 years after delisting, then IDFG may need to consider42opening a season on wolves as part of the wolf management program. The commit-43tee recommends that this option be considered as a last resort during the44first 5 years after de-listing, and be considered with customary45professionalism 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.