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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 - 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.
]]]] 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;".
]]]] 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
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