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H0336aa....................................................by STATE AFFAIRS SPECIES CONSERVATION OFFICE - Amends existing law to revise the duties of the Office of Species Conservation; to revise criteria for the development of certain state policy and management plans; and to clarify the relationship between specified provisions and certain water rights. 03/14 House intro - 1st rdg - to printing 03/15 Rpt prt - to Res/Con 03/18 Rpt out - to Gen Ord 03/22 Rpt out amen - to engros 03/23 Rpt engros - 1st rdg - to 2nd rdg as amen 03/24 2nd rdg - to 3rd rdg as amen 03/28 3rd rdg as amen - PASSED - 68-0-2 AYES -- Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24)(Frost), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Anderson, Bell Floor Sponsor - Wood Title apvd - to Senate 03/29 Senate intro - 1st rdg - to Res/Env 03/30 Rpt out - rec d/p - to 2nd rdg 03/31 2nd rdg - to 3rd rdg Rls susp - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Pearce Floor Sponsor - Brandt Title apvd - to House 03/31 To enrol - Rpt enrol - Sp signed 04/01 Pres signed 04/04 To Governor 04/15 Governor signed Session Law Chapter 402 Effective: 04/15/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 336 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE GOVERNOR'S OFFICE OF SPECIES CONSERVATION; AMENDING SECTION 3 67-818, IDAHO CODE, TO REVISE THE DUTIES OF THE OFFICE AND TO REVISE CRI- 4 TERIA FOR THE DEVELOPMENT OF CERTAIN STATE POLICY AND MANAGEMENT PLANS; 5 AND DECLARING AN EMERGENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 67-818, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 67-818. COORDINATION OF POLICY AND PROGRAMS RELATED TO THREATENED SPECIES 10 AND ENDANGERED SPECIES IN IDAHO. (1) There is hereby created in the office of 11 the governor, the "Office of Species Conservation." The administrator of the 12 office of species conservation shall be the official in the state designated 13 to oversee implementation of federal recovery plans, as provided in 16 U.S.C. 14 section 1533(f), and to fulfill the duties provided by this section. The 15 administrator shall be appointed by, and serve at the pleasure of, the gover- 16 nor and shall be subject to confirmation by the state senate. 17 (2) The duties of the office of species conservation shall include: 18 (a) Coordination of all state departments and divisions with duties and 19 responsibilities affecting endangered species, threatened species,and20 candidate species, species petitioned to be listed, and rare and declining 21 species as defined in section 36-2401, Idaho Code; 22 (b) Coordinating state implementation and response to federal recovery 23 plans, biological opinions, guidance and projects among all state and 24 local governments in the state of Idaho; 25 (c) Participation in regional efforts to cooperatively address endangered 26 species,andthreatened species, candidate and petitioned species, and 27 rare and declining species; 28 (d) Providing input and comment to federal and state agencies, and tribes 29 on issues relating to endangered species, threatened species, candidate 30 and petitioned species, and rare and declining species; 31 (e) Cooperating and consulting with the department of fish and game, the 32 department of lands, the department of agriculture, and the department of 33 parks and recreation regarding agreements pursuant to 16 U.S.C. section 34 1533, 16 U.S.C. section 1535 and 16 U.S.C. section 1539; 35 (f) Negotiating agreements with federal agencies concerning endangered 36 species, threatened species,andcandidate species, petitioned species, 37 and rare and declining species including, but not limited to, agreements 38 pursuant to 16 U.S.C. section 1533(d) and 16 U.S.C. section 1539(a), other 39 than those agreements negotiated pursuant to 16 U.S.C. section 1535; 40 (g) Providing the people of the state of Idaho with an ombudsman who can 41 listen to citizens being harmed or hindered by the regulations of the ESA 42 and direct them to the appropriate state or federal agency and/or speak on 43 their behalf, as deemed appropriate by the ombudsman, to address issues or 2 1 concerns related to the ESA; 2 (h) Serve as a repository for agreements and plans among governmental 3 entities in the state of Idahoto conservefor the conservation of rare 4 and declining species, petitioned, candidate, threatened and endangered 5 species. 6 (3) State policy and management plans developed pursuant to this section 7 shall be developed in accordance with the following subsections: 8 (a) State policy on rare and declining, petitioned, candidate, threat- 9 ened, and endangeredand petitionedspecies and state management plans 10 shall be developed in consultation with the appropriate state agencies. 11 The appropriate state agency for wildlifebiological and speciesand plant 12 management issuesand for plant life biological and species management13issuesis the department of fish and game. The appropriate state agency 14 for timber harvest activities, oil and gas exploration activities and for 15 mining activities is the department of lands. The appropriate state agen- 16 cies for agricultural activities are the department of agriculture and the 17 soil conservation commission. The appropriate state agency for public road 18 construction is the transportation department. The appropriate state 19 agency for water rights is the department of water resources. The appro- 20 priate state agency for water quality is the department of environmental 21 quality. The appropriate state agency for outfitting and guiding activi- 22 ties is the Idaho outfitters and guides licensing board; 23 (b) State management plans shall be the policy of the state of Idaho, but 24 are subject to legislative approval, amendment or rejection by concurrent 25 resolution. State management plans shall be subject to public notice and 26 comment but shall not be subject to judicial review. 27 (4) The governor's office of species conservation shall prepare a report 28 to the legislature recommending a plan to develop state conservation assess- 29 ments and strategies for rare and declining species in the state of Idaho and 30 submit that report and recommendation to the legislature. The report and rec- 31 ommendation are subject to legislative approval, amendment or rejection by 32 concurrent resolution. 33 SECTION 2. An emergency existing therefor, which emergency is hereby 34 declared to exist, this act shall be in full force and effect on and after its 35 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005Moved by Wood Seconded by Stevenson IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 336 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 32, following "lands," insert: "the 3 department of water resources,"; and on page 2, following line 32 insert: 4 "(5) No provision of this section shall be interpreted as to supersede, 5 abrogate, injure or create rights to divert or store water and apply water to 6 beneficial uses established under section 3, article XV of the constitution of 7 the state of Idaho, and title 42, Idaho Code.". 8 CORRECTIONS TO TITLE 9 On page 1, in line 3, delete "OFFICE AND" and insert: "OFFICE,"; and in 10 line 4, delete "PLANS;" and insert: "PLANS AND TO CLARIFY THE RELATIONSHIP 11 BETWEEN SPECIFIED PROVISIONS AND CERTAIN WATER RIGHTS;".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 336, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE GOVERNOR'S OFFICE OF SPECIES CONSERVATION; AMENDING SECTION 3 67-818, IDAHO CODE, TO REVISE THE DUTIES OF THE OFFICE, TO REVISE CRITERIA 4 FOR THE DEVELOPMENT OF CERTAIN STATE POLICY AND MANAGEMENT PLANS AND TO 5 CLARIFY THE RELATIONSHIP BETWEEN SPECIFIED PROVISIONS AND CERTAIN WATER 6 RIGHTS; AND DECLARING AN EMERGENCY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 67-818, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 67-818. COORDINATION OF POLICY AND PROGRAMS RELATED TO THREATENED SPECIES 11 AND ENDANGERED SPECIES IN IDAHO. (1) There is hereby created in the office of 12 the governor, the "Office of Species Conservation." The administrator of the 13 office of species conservation shall be the official in the state designated 14 to oversee implementation of federal recovery plans, as provided in 16 U.S.C. 15 section 1533(f), and to fulfill the duties provided by this section. The 16 administrator shall be appointed by, and serve at the pleasure of, the gover- 17 nor and shall be subject to confirmation by the state senate. 18 (2) The duties of the office of species conservation shall include: 19 (a) Coordination of all state departments and divisions with duties and 20 responsibilities affecting endangered species, threatened species,and21 candidate species, species petitioned to be listed, and rare and declining 22 species as defined in section 36-2401, Idaho Code; 23 (b) Coordinating state implementation and response to federal recovery 24 plans, biological opinions, guidance and projects among all state and 25 local governments in the state of Idaho; 26 (c) Participation in regional efforts to cooperatively address endangered 27 species,andthreatened species, candidate and petitioned species, and 28 rare and declining species; 29 (d) Providing input and comment to federal and state agencies, and tribes 30 on issues relating to endangered species, threatened species, candidate 31 and petitioned species, and rare and declining species; 32 (e) Cooperating and consulting with the department of fish and game, the 33 department of lands, the department of water resources, the department of 34 agriculture, and the department of parks and recreation regarding agree- 35 ments pursuant to 16 U.S.C. section 1533, 16 U.S.C. section 1535 and 16 36 U.S.C. section 1539; 37 (f) Negotiating agreements with federal agencies concerning endangered 38 species, threatened species,andcandidate species, petitioned species, 39 and rare and declining species including, but not limited to, agreements 40 pursuant to 16 U.S.C. section 1533(d) and 16 U.S.C. section 1539(a), other 41 than those agreements negotiated pursuant to 16 U.S.C. section 1535; 42 (g) Providing the people of the state of Idaho with an ombudsman who can 43 listen to citizens being harmed or hindered by the regulations of the ESA 2 1 and direct them to the appropriate state or federal agency and/or speak on 2 their behalf, as deemed appropriate by the ombudsman, to address issues or 3 concerns related to the ESA; 4 (h) Serve as a repository for agreements and plans among governmental 5 entities in the state of Idahoto conservefor the conservation of rare 6 and declining species, petitioned, candidate, threatened and endangered 7 species. 8 (3) State policy and management plans developed pursuant to this section 9 shall be developed in accordance with the following subsections: 10 (a) State policy on rare and declining, petitioned, candidate, threat- 11 ened, and endangeredand petitionedspecies and state management plans 12 shall be developed in consultation with the appropriate state agencies. 13 The appropriate state agency for wildlifebiological and speciesand plant 14 management issuesand for plant life biological and species management15issuesis the department of fish and game. The appropriate state agency 16 for timber harvest activities, oil and gas exploration activities and for 17 mining activities is the department of lands. The appropriate state agen- 18 cies for agricultural activities are the department of agriculture and the 19 soil conservation commission. The appropriate state agency for public road 20 construction is the transportation department. The appropriate state 21 agency for water rights is the department of water resources. The appro- 22 priate state agency for water quality is the department of environmental 23 quality. The appropriate state agency for outfitting and guiding activi- 24 ties is the Idaho outfitters and guides licensing board; 25 (b) State management plans shall be the policy of the state of Idaho, but 26 are subject to legislative approval, amendment or rejection by concurrent 27 resolution. State management plans shall be subject to public notice and 28 comment but shall not be subject to judicial review. 29 (4) The governor's office of species conservation shall prepare a report 30 to the legislature recommending a plan to develop state conservation assess- 31 ments and strategies for rare and declining species in the state of Idaho and 32 submit that report and recommendation to the legislature. The report and rec- 33 ommendation are subject to legislative approval, amendment or rejection by 34 concurrent resolution. 35 (5) No provision of this section shall be interpreted as to supersede, 36 abrogate, injure or create rights to divert or store water and apply water to 37 beneficial uses established under section 3, article XV of the constitution of 38 the state of Idaho, and title 42, Idaho Code. 39 SECTION 2. An emergency existing therefor, which emergency is hereby 40 declared to exist, this act shall be in full force and effect on and after its 41 passage and approval.
STATEMENT OF PURPOSE RS 15141 The purpose of this proposed legislation is to provide that the duties of the Governor's Office of Species Conservation will include addressing issues relating to "candidate and petitioned species and rare and declining species" in addition to their work on endangered and threatened species in the state of Idaho. FISCAL NOTE No fiscal impact to the General Fund. Contact Name: Stan Boyd, Idaho Cattle Association Phone: 208-344-2271 Name: Jim Caswell, Governor's Office of Species Conservation Phone: 208-334-2189 STATEMENT OF PURPOSE/FISCAL NOTE H 336