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H0294.....................................................by WAYS AND MEANS
WOLVES - Adds to and amends existing law to provide legislative intent; to
provide for transition from federal management of wolves to state
management; to provide for certain authorities and duties of the Fish and
Game Commission and the Office of Species Conservation relating to wolf
conservation and management; and to revise the authorities and duties of
the Department of Fish and Game relating to wolf conservation and
management.
02/24 House intro - 1st rdg - to printing
02/25 Rpt prt - to Res/Con
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/26 3rd rdg - PASSED - 61-6-3
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter(Bieter),
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(23), Gagner, Garrett, Henbest(Bray), Jaquet, Jones, Kellogg,
Lake, Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell, Moyle,
Naccarato, Nielsen, Raybould, Ridinger, Ringo, Roberts, Robison,
Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail,
Wills, Mr. Speaker
NAYS -- Barrett, Harwood, Kulczyk, Langford, McKague, Wood
Absent and excused -- Crow, Field(18), Ring
Floor Sponsors - Stevenson & Langhorst
Title apvd - to Senate
03/27 Senate intro - 1st rdg - to Res/Env
04/08 Rpt out - rec d/p - to 2nd rdg
04/09 2nd rdg - to 3rd rdg
04/11 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai(Kumm),
Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Little
Title apvd - to House
04/14 To enrol
04/15 Rpt enrol - Sp signed
04/16 Pres signed - to Governor
Governor signed
Session Law Chapter 302
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 294
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO WOLVES; PROVIDING LEGISLATIVE INTENT; AMENDING SECTION 36-715,
3 IDAHO CODE, TO PROVIDE FOR TRANSITION FROM FEDERAL MANAGEMENT OF WOLVES TO
4 STATE MANAGEMENT, TO PROVIDE FOR CERTAIN AUTHORITIES AND DUTIES OF THE
5 FISH AND GAME COMMISSION AND THE OFFICE OF SPECIES CONSERVATION RELATING
6 TO WOLF CONSERVATION AND MANAGEMENT AND TO REVISE THE AUTHORITIES AND
7 DUTIES OF THE DEPARTMENT OF FISH AND GAME RELATING TO WOLF CONSERVATION
8 AND MANAGEMENT.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. LEGISLATIVE INTENT. It is the public policy of the state of
11 Idaho to use every option to assert state sovereignty and mitigate the impacts
12 of gray wolves on residents of the state of Idaho and to seek the delisting
13 and management of gray wolves at recovery levels that will ensure viable,
14 self-sustaining populations pursuant to the Idaho Wolf Conservation and Man-
15 agement Plan. The state of Idaho arrived at this policy in 2002 with the pas-
16 sage of Senate Concurrent Resolution No. 134, which approved the Idaho Wolf
17 Conservation and Management Plan after objecting to the reintroduction of
18 wolves and after adopting a memorial seeking the removal of wolves from the
19 state. The Idaho Wolf Conservation and Management Plan affirms that Idaho is
20 on the record asking the federal government to remove wolves from the state by
21 the adoption in 2001 of House Joint Memorial No. 5 but that in order to use
22 every available option to mitigate the severe impacts on the residents of the
23 state of Idaho, the state will seek delisting and manage wolves at recovery
24 levels that will ensure viable, self-sustaining populations pursuant to the
25 Idaho Wolf Conservation and Management Plan. Pursuant to Section 67-818, Idaho
26 Code, the Idaho Wolf Conservation and Management Plan is the policy of the
27 state of Idaho subject to legislative approval, amendment or rejection by con-
28 current resolution. Idaho directly opposes the fundamental flaw in the federal
29 Endangered Species Act that allows the wolf reintroduction and other federal
30 initiatives to override state policy. Therefore, in addition to the duties
31 described below, the Fish and Game Commission, through the Department of Fish
32 and Game, shall assist the Governor's Office of Species Conservation in seek-
33 ing changes to federal policy that will ensure full partnership between state
34 and federal government in species conservation.
35 SECTION 2. That Section 36-715, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 36-715. WOLVES -- TRANSITION -- AUTHORITIES AND DUTIES OF THE OFFICE OF
38 SPECIES CONSERVATION -- FISH AND GAME COMMISSION -- DEPARTMENT OF FISH AND
39 GAME. REGARDING THE ENDANGERED SPECIES ACT. (1) Since wolf/dog hybridizations
40 are known to exist within Idaho and these hybrids are not protected by the
41 United States endangered species act, a biological evaluation shall be
42 required of the animal to determine species priority before the department of
2
1 fish and game may take any action in accordance with the United States endan-
2 gered species act.
3 (2) During the transition from federal management of wolves to state man-
4 agement, the governor's office of species conservation shall be the lead
5 agency and direct implementation of wolf management policy. The department of
6 fish and game shall not may assist the office of species conservation in
7 efforts to expedite an orderly transition to state management of wolves pursu-
8 ant to the provisions of the Idaho wolf conservation and management plan. This
9 transition shall be authorized to expend funds, transfer assets or enter into
10 a implemented through new or existing cooperative agreements with any agency,
11 department or entity of the United States government concerning wolves unless
12 expressly or any state agencies as authorized by state statute except that the
13 Idaho wolf conservation and management plan.
14 (2) The office of species conservation, and the commission through the
15 department, is are authorized to provide a representative to participate on
16 the northern rocky mountain wolf recovery team and to participate in activi-
17 ties regarding nuisance wolves, and except that the department is are allowed
18 to meet and confer with state, local and federal agencies, departments or
19 entities or federally recognized Indian tribes to discuss those federal or
20 tribal entities' plans for wolf reintroduction or for monitoring wolf
21 reintroduction and wolf recovery programs. Additionally, the office of species
22 conservation, and the commission through the department, may cooperate with
23 the legislature, counties, federal agencies, departments, such as the United
24 States department of agriculture wildlife services, or entities or federally
25 recognized Indian tribes regarding damage complaints, depredation, effects on
26 ungulate populations, and other conflicts regarding wolves in this state.
27 (3) The office of species conservation, in conjunction with the depart-
28 ment, of fish and game is not authorized to participate in investigations or
29 enforcement actions involving violations of the final rules of the United
30 States fish and wildlife service or section 9 of the United States endangered
31 species act, as the final rules and section 9 regulate shall prepare and sub-
32 mit an annual report to the reintroduction of wolves into central senate
33 resources and environment committee and the house resources and conservation
34 committee on the implementation and progress of the Idaho wolf conservation
35 and management plan. Such report shall document gray wolf effects upon wild-
36 life, depredation on domestic livestock, and any other subject matter as
37 deemed appropriate and requested in writing by the chairman of the senate
38 resources and environment committee or the chairman of the house resources and
39 conservation committee, or any member of the legislature.
40 (3) If a wolf is sighted, the burden of proof concerning the reported
41 presence of the wolf within Idaho shall rest with the observer and the depart-
42 ment of fish and game shall take no action to enforce the United States endan-
43 gered species act regarding wolves in absence of that proof.
44 (4) From the effective date of this act through December 31, 2003, the
45 department of fish and game is authorized to work in conjunction with the wolf
46 oversight committee, as established by the wolf EIS participation plan dated
47 February, 1992, in the development and implementation of an Idaho wolf manage-
48 ment plan, provided that:
49 (a) The office of species conservation, in conjunction with the depart-
50 ment, is authorized to work in conjunction with the wolf oversight commit-
51 tee to develop and coordinate wolf management plans with state agency
52 officials of the states of Wyoming and Montana.
53 (b5) Any Idaho In implementing the wolf conservation and management plan,
54 so developed by the office of species conservation, and the commission through
55 the department, and wolf oversight committee shall consult with local units of
3
1 government with respect to, and take into consideration, local economies, cus-
2 tom, culture, and private property rights. The office of species conservation
3 and the department and the wolf oversight committee may consult with federal
4 entities and shall coordinate with state and local government entities in the
5 development implementation of the plan.
6 (c6) Upon completion of an Idaho wolf management plan, tThe department
7 and of fish and game, under the wolf oversight committee shall provide a
8 report to direction of the senate resources and environment committee and to
9 commission, is authorized to participate in the house resources and conserva-
10 tion committee and shall provide written copies to all interested parties.
11 When the plan is complete, the speaker of the house of representatives and the
12 president pro tempore of the senate may authorize a joint meeting of the sen-
13 ate resources and environment committee and the house resources and conserva-
14 tion committee to be held during the interim to review the Idaho development
15 of wolf delisting procedures and interim management plan activities including,
16 but not limited to, studies relating to the management of game herds impacted
17 by wolves.
18 (d) Members of the wolf oversight committee shall serve without compensa-
19 tion, but shall be reimbursed actual expenses for attending meetings of
20 the committee from funds provided by the department of fish and game at
21 prevailing state rates.
STATEMENT OF PURPOSE
RS 13056C1
The purpose of this legislation is to amend existing law,
adding language that allows the Governor's Office of Species
Conservation to coordinate an orderly transition from federal
management of gray wolves to state management under the Idaho
Wolf Conservation Management Plan, including participating in
activities regarding nuisance wolves, discussing wolf recovery
programs, and cooperating with state and federal entities
regarding wolf conflicts in Idaho.
FISCAL IMPACT
There is no fiscal impact to the General Fund. The fiscal
impact to the Department of Fish and Game's dedicated fund will
be satisfied solely from federal pass-through funding and non-
game funding sources and specifically not sportsmen fees.
Contact
Name: Rep. John A. "Bert" Stevenson
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 294