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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