2005 Legislation
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HOUSE BILL NO. 336 – Species Conservation Office/duties

HOUSE BILL NO. 336

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN 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, and
 20        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, and threatened 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, and candidate  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 Idaho to conserve for 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  endangered  and  petitioned species and state management plans
 10        shall be developed in consultation with the  appropriate  state  agencies.
 11        The appropriate state agency for wildlife biological and species and plant
 12        management  issues  and  for  plant life biological and species management
 13        issues is 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.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved 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;".

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


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN 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, and
 21        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, and threatened 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,  and candidate 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 Idaho to conserve for 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 endangered and petitioned species  and  state  management  plans
 12        shall  be  developed  in consultation with the appropriate state agencies.
 13        The appropriate state agency for wildlife biological and species and plant
 14        management issues and for plant life  biological  and  species  management
 15        issues  is  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 / Fiscal Impact



                       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