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HJM005..............................................by REVENUE AND TAXATION
WOLF MANAGEMENT - Stating findings of the Legislature and declaring that
Idaho reserves the rights and remedies offered by Title 7 of the U.S. Code
and Section 11(h) of the Endangered Species Act, and that Idaho reserves
rights and remedies to prevent and control damage or conflicts on public or
private lands caused by predatory animals, rodents or birds including
threatened or endangered wildlife with regard to wolf management and
funding for damages.
03/07 House intro - 1st rdg - to printing
03/08 Rpt prt - to Res/Con
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/18 3rd rdg - ADOPTED - 62-5-3
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Jones, Kemp, Lake, Loertscher, Mathews, McGeachin,
McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pence, Raybould,
Ring, Roberts, Rydalch, Sali, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- LeFavour, Martinez, Pasley-Stuart, Ringo, Rusche
Absent and excused -- Boe, Crow, Snodgrass
Floor Sponsors - Wood, Barrett
Title apvd - To Senate
03/21 Senate intro - 1st rdg - to Res/Env
03/29 Rpt out - rec d/p - to 10th Ord
03/30 Ret'd to Res/Env
Rpt out - rec d/p - to 10th Ord
04/04 10th Ord - FAILED - 6-28-1
AYES -- Brandt, Broadsword, Cameron, McKenzie, Pearce, Sweet
NAYS -- Andreason, Bunderson, Burkett, Burtenshaw, Coiner, Compton,
Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill,
Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley,
McGee, Richardson, Schroeder, Stegner, Stennett, Werk
Absent and excused -- Williams
Floor Sponsor - Brandt
Ret'd to House
Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE JOINT MEMORIAL NO. 5
BY REVENUE AND TAXATION COMMITTEE
1 A JOINT MEMORIAL
2 TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES IN CONGRESS
3 ASSEMBLED, AND TO THE CONGRESSIONAL DELEGATION REPRESENTING THE STATE OF
4 IDAHO IN THE CONGRESS OF THE UNITED STATES.
5 We, your Memorialists, the House of Representatives and the Senate of the
6 State of Idaho assembled in the First Regular Session of the Fifty-eighth
7 Idaho Legislature, do hereby respectfully represent that:
8 WHEREAS, the Constitution of the State of Idaho at Section 1, Article I,
9 states, "All men are by nature free and equal, and have certain inalienable
10 rights, among which are enjoying and defending life and liberty; acquiring,
11 possessing and protecting property; pursuing happiness and protecting
12 safety."; and
13 WHEREAS, the adoption of Senate Concurrent Resolution No. 134 in 2002,
14 which approved the Idaho Wolf Conservation and Management Plan while
15 reaffirming House Joint Memorial No. 5 adopted in 2001, as official state pol-
16 icy; and
17 WHEREAS, we recognize the damage that uncontrolled wolf populations and
18 extraordinarily high wolf densities have caused, and will continue to cause,
19 to our economy, customs, culture, public safety and public health in spite of
20 the declared intent of Congress in 1988 which was "not to hurt hunting and the
21 local economies"; and
22 WHEREAS, high wolf densities which have subsequently resulted in Idaho are
23 proof of the need for better management; and
24 WHEREAS, we recognize that Congress has not yet addressed its Fifth Amend-
25 ment just compensation responsibilities for damages to private property, spe-
26 cifically livestock and domestic animals and wildlife, which have resulted due
27 to allowing the unnatural and accelerated introduction of wolves; and
28 WHEREAS, Idaho is confronted with the dilemma of classifying its resident
29 Canadian wolves as "Big Game Animals" in order to show good faith effort under
30 revised Section 10(j), commonly referred to as the "10-J Rule" of the Endan-
31 gered Species Act; and
32 WHEREAS, it will be recognized that adoption of that designation will not
33 supersede or undermine current United States Department of Agriculture or
34 Idaho State Department of Agriculture law to manage for depredation pursuant
35 to Section 22-103, Idaho Code; and
36 WHEREAS, wolves are predatory animals and should be managed as such; and
37 WHEREAS, the Secretary of Agriculture and the Secretary of the Interior
38 have authority to perform lethal control of predatory animals with the funding
39 source residing in the Granger-Thye Act since 1950; and
40 WHEREAS, the state of Idaho would be better served under the state's Wolf
41 Conservation and Management Plan, accepted by the United States Fish and Wild-
42 life Service, which enables the transition of wolf management under a special
43 classification of predator that provides for controlled taking after
44 delisting; and
2
1 WHEREAS, good faith effort between the United States Fish and Wildlife
2 Service and the state of Idaho to move expeditiously to delisting is irrepara-
3 bly harmed by the prospect of endless third-party lawsuits that obstruct and
4 delay the delisting process indefinitely; and
5 WHEREAS, federal, state and local governments are enjoined in constitu-
6 tional duty and fiduciary responsibility to provide all available remedies to
7 protect the economy, customs, culture, public safety and public health of the
8 citizenry.
9 NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
10 of the Fifty-eighth Idaho Legislature, the House of Representatives and the
11 Senate concurring therein, that Idaho reserves the rights and remedies offered
12 by Title 7 of the U.S. Code and Section 11(h) of the Endangered Species Act.
13 BE IT FURTHER RESOLVED that the state of Idaho reserves the rights and
14 remedies to prevent and control damage or conflicts on federal, state, or
15 other public or private lands caused by predatory animals, rodents or birds,
16 including threatened or endangered wildlife within the state of Idaho as are
17 established by federal or state law, federal or state regulation, or county
18 ordinance, that are injurious to animal husbandry, agriculture, horticulture,
19 forestry, wildlife and human health and safety.
20 BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representa-
21 tives be, and she is hereby authorized and directed to forward a copy of this
22 Memorial to the President of the Senate and the Speaker of the House of Repre-
23 sentatives of Congress, and the congressional delegation representing the
24 state of Idaho in the Congress of the United States.
STATEMENT OF PURPOSE
RS 14866C1
To establish that the State of Idaho reserves the rights and
remedies offered by Title 7 of the US Code, Section 11(h) of the
Endangered Species Act, and the Idaho State Department of
Agriculture law to manage for depredation pursuant to Section 22-
103.
FISCAL NOTE
There is no fiscal impact.
Contact
Name: Rep Lenore Barrett, Rep JoAn Wood, Rep Mike Moyle
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE HJM 5