2005 Legislation
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SENATE BILL NO. 1139 – Species Conservation Office, duties

SENATE BILL NO. 1139

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Bill Status



S1139..........................................by RESOURCES AND ENVIRONMENT
SPECIES CONSERVATION OFFICE - Amends existing law to revise the duties of
the Species Conservation Office; to revise criteria for the development of
certain state policy and management plans; to require the Office of Species
Conservation to submit a report to the Legislature relating to invasive
species; and to provide that the report is subject to the approval,
amendment or rejection by Concurrent Resolution of the Legislature.
                                                                        
02/14    Senate intro - 1st rdg - to printing
02/15    Rpt prt - to Res/Env

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1139
                                                                        
                           BY RESOURCES AND ENVIRONMENT 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, TO
  5        REQUIRE THE OFFICE TO PREPARE AND  SUBMIT  A  REPORT  TO  THE  LEGISLATURE
  6        RELATING  TO INVASIVE SPECIES AND TO PROVIDE THAT THE REPORT IS SUBJECT TO
  7        THE APPROVAL, AMENDMENT OR REJECTION BY CONCURRENT RESOLUTION OF THE  LEG-
  8        ISLATURE; AND DECLARING AN EMERGENCY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section  67-818, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        67-818.  COORDINATION OF POLICY AND PROGRAMS RELATED TO THREATENED SPECIES
 13    AND ENDANGERED SPECIES IN IDAHO. (1) There is hereby created in the office  of
 14    the  governor,  the "Office of Species Conservation." The administrator of the
 15    office of species conservation shall be the official in the  state  designated
 16    to  oversee implementation of federal recovery plans, as provided in 16 U.S.C.
 17    section 1533(f), and to fulfill the  duties  provided  by  this  section.  The
 18    administrator  shall be appointed by, and serve at the pleasure of, the gover-
 19    nor and shall be subject to confirmation by the state senate.
 20        (2)  The duties of the office of species conservation shall include:
 21        (a)  Coordination of all state departments and divisions with  duties  and
 22        responsibilities  affecting  endangered  species,  threatened species, and
 23        candidate species, species petitioned to be  listed,  rare  and  declining
 24        species as defined in section 36-2401, Idaho Code, and invasive species;
 25        (b)  Coordinating  state  implementation  and response to federal recovery
 26        plans, biological opinions, guidance and  projects  among  all  state  and
 27        local governments in the state of Idaho;
 28        (c)  Participation in regional efforts to cooperatively address endangered
 29        species,  and  threatened  species, candidate and petitioned species, rare
 30        and declining species and invasive species;
 31        (d)  Providing input and comment to federal and state agencies, and tribes
 32        on issues relating to endangered species,  threatened  species,  candidate
 33        and petitioned species, rare and declining species and invasive species;
 34        (e)  Cooperating  and consulting with the department of fish and game, the
 35        department of lands, the department of agriculture, and the department  of
 36        parks  and  recreation  regarding agreements pursuant to 16 U.S.C. section
 37        1533, 16 U.S.C. section 1535 and 16 U.S.C. section 1539;
 38        (f)  Negotiating agreements with federal  agencies  concerning  endangered
 39        species,  threatened  species,  and candidate species, petitioned species,
 40        rare and declining species and invasive species including, but not limited
 41        to, agreements pursuant to 16 U.S.C. section 1533(d) and 16 U.S.C. section
 42        1539(a), other than those agreements negotiated pursuant to 16 U.S.C. sec-
 43        tion 1535;
                                                                        
                                           2
                                                                        
  1        (g)  Providing the people of the state of Idaho with an ombudsman who  can
  2        listen  to citizens being harmed or hindered by the regulations of the ESA
  3        or invasive species and direct them to the appropriate  state  or  federal
  4        agency  and/or speak on their behalf, as deemed appropriate by the ombuds-
  5        man, to address issues  or  concerns  related  to  the  ESA  and  invasive
  6        species;
  7        (h)  Serve  as  a  repository  for agreements and plans among governmental
  8        entities in the state of Idaho to conserve for the  conservation  of  rare
  9        and  declining species, petitioned, candidate, threatened, and endangered,
 10        or invasive species.
 11        (3)  State policy and management plans developed pursuant to this  section
 12    shall be developed in accordance with the following subsections:
 13        (a)  State  policy  on  rare and declining, petitioned, candidate, threat-
 14        ened, endangered and petitioned  invasive  species  and  state  management
 15        plans  shall be developed in consultation with the appropriate state agen-
 16        cies. The appropriate state agency for wildlife biological and species and
 17        plant management issues and for plant life biological and species  manage-
 18        ment  issues  is  the  department  of fish and game. The appropriate state
 19        agency for timber harvest activities, oil and gas  exploration  activities
 20        and  for  mining  activities  is  the department of lands. The appropriate
 21        state agencies for agricultural activities are the department of  agricul-
 22        ture  and  the  soil conservation commission. The appropriate state agency
 23        for public road construction is the transportation department. The  appro-
 24        priate state agency for water rights is the department of water resources.
 25        The  appropriate state agency for water quality is the department of envi-
 26        ronmental quality. The appropriate state agency for outfitting and guiding
 27        activities is the Idaho outfitters and guides licensing board;
 28        (b)  State management plans shall be the policy of the state of Idaho, but
 29        are subject to legislative approval, amendment or rejection by  concurrent
 30        resolution.  State  management plans shall be subject to public notice and
 31        comment but shall not be subject to judicial review.
 32        (c)  Other conservation agreements, conservation strategies, or  documents
 33        consistent  with  16  U.S.C.  section  1533(d), 16 U.S.C. section 1535, 16
 34        U.S.C. section 1536, 16 U.S.C. section 1539 are not subject to legislative
 35        approval, amendment or rejection.
 36        (4)  The governor's office of species conservation shall prepare a  report
 37    to  the  legislature recommending a plan to develop state conservation assess-
 38    ments and strategies for rare and declining species in the state of Idaho  and
 39    submit  that report and recommendation to the legislature. The report and rec-
 40    ommendation are subject to legislative approval,  amendment  or  rejection  by
 41    concurrent resolution.
 42        (5)  The  governor's office of species conservation shall prepare a report
 43    to the legislature recommending a plan to develop state  conservation  assess-
 44    ments  and  strategies  for  invasive species in the state of Idaho and submit
 45    that report and recommendation to the legislature. The report and  recommenda-
 46    tion are subject to legislative approval, amendment or rejection by concurrent
 47    resolution.
                                                                        
 48        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 49    declared to exist, this act shall be in full force and effect on and after its
 50    passage and approval.

Statement of Purpose / Fiscal Impact


                                   STATEMENT OF PURPOSE
    
                                         RS 14988
    
    
    Current law limits the purview of the Governor's Office of Species Conservation (OSC)
    to endangered and threatened species and at times candidate or petitioned species under
    the Endangered Species Act. This proposed legislation will amend Section 67-8 18
    allowing OSC to coordinate state policy and efforts concerning invasive species and
    extend the purview of the office to deal with issues concerning rare and declining and
    petitioned species, as well as candidate, threatened and endangered species. The nexus
    between invasive species and their impacts on rare and declining species, petitioned, and
    listed species is apparent and requires coordination under the Office of the Governor to
    ensure that both are addressed as expeditiously and prudently as possible throughout the
    state.
    
    
                                        FISCAL IMPACT
    
    The Governor's budget recommends $82,900.00 from the general fund for an invasive
    species coordinator at the Governor's Office of Species Conservation.
    
    
    Contact
    Name:  James Caswell
           Administrator, Office of Species Conservation
    Phone: (208) 334-2189
    
    
    STATEMENT OF PURPOSE/FISCAL NOTE                                        S 1139