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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
]]]] 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, and23 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, andthreatened 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, andcandidate 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 conservefor the conservation of rare 9 and declining species, petitioned, candidate, threatened, andendangered, 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 petitionedinvasive 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 speciesand 17 plant management issues and for plant life biological and species manage-18 ment issuesis 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 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