ACTION ALERT
Although it's somewhat confusing to figure out just what is where, it seems
that there are two Study Bills before the Legislature -- one in each the
House and the Senate, to change the minimum length of time for review of
Endangered and Threatened Species -- from two years to five years. I
posted a message about this previously in November, as copied below. I
think the Senate Study Bill is SSB 1031 and the House Study Bill is HSB 70
(also copied below).
Although some people responded that "this is reality and the law should be
changed to reflect reality", I still think this is something we should all
be concerned about. If the staff is unable to do the work required by
existing law, we should not make the law weaker ---- we should hire more
staff. Now seems to be a good time to work toward that goal -- with all of
the awareness and interest expressed on this listserve, and with the
suggestions by Tom Rosburg and Diana Horton about databases -- we should be
moving into the 21st Century with a new vision, new ideas, additional
staff, etc. And NOT a reduction in protection of our endangered species.
Although, as Michael Carrier said at the Senate Natural Resources Committee
a week ago, the biology doesn't change in two years -- the reality is that
the environment DOES change in two years. We cannot afford to have the
list reviewed in five years, and then delay action for another 2-3 years
while the review is being done. Too much can be lost in that time period.
Another disagreeable thing about this is that this proposal is tied to
a change that most of us would support -- increased fines for
"taking" or killing protected species.
ACTION:
If you are concerned about this change in the time of review, I would
suggest you contact Paul Johnson, Director Iowa Department of Natural
Resources, Wallace State Office Building, Des Moines, Iowa 50319 --
Immediately! And ask that the DNR withdraw this proposal (which came from
the DNR).
========================================================
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> From: jrclark <[log in to unmask]>
> To: [log in to unmask]
> Subject: Reviewing Iowa's T&E
> Date: Wednesday, November 25, 1998 2:26 PM
>
> According to the Iowa DNR Natural Resources Commission Minutes that
arrived
> today, the IDNR will propose legislation in the next session regarding
> Endangered Plants and Wildlife Species, that will, among other things,
>
> **decrease the frequency of the IDNR reviewing and updating the
endangered
> species listings from "at least every two years" to "at least every five
> years".
>
> Current law requires that the list be reviewed at least every two years.
>
==================================================
House Study Bill 70 (Change indicated)
Bill Text
PAG LIN
1 1 Section 1. Section 481A.130, subsection 1, paragraph f,
1 2 Code 1999, is amended to read as follows:
1 3 f. For each animal classified by the commission as an
1 4 endangered or threatened species, one thousand dollars, or the
1 5 cost of replacing the animal as determined by the department,
1 6 whichever amount is greater.
1 7 Sec. 2. Section 481B.3, unnumbered paragraph 2, Code 1999,
1 8 is amended to read as follows:
1 9 The commission shall review the state list of endangered
1 10 and threatened species at least every (two) five years and may
1 11 amend the list.
1 12 Sec. 3. Section 481B.10, Code 1999, is amended to read as
1 13 follows:
1 14 481B.10 PENALTIES.
1 15 Whoever A person who violates any of the provisions of this
1 16 chapter shall be is guilty of a simple misdemeanor which is
1 17 punishable by a fine of five hundred dollars.
1 18 Sec. 4. Section 805.8, subsection 5, paragraph e, Code
1 19 1999, is amended to read as follows:
1 20 e. For violations of sections 481A.85, 481A.93, 481A.95,
1 21 481A.120, 481A.137, 481B.5, 482.3, and 482.9, the scheduled
1 22 fine is one hundred dollars.
1 23 EXPLANATION
1 24 This bill increases the criminal fine from $100 to $500 for
1 25 taking, possessing, transporting, importing, exporting,
1 26 processing, selling, or buying, or offering to buy or sell
1 27 endangered or threatened species fish, plants, or wildlife.
1 28 In addition, the civil damages amount imposed for illegally
1 29 taking, possessing, transporting, selling, or buying an
1 30 endangered or threatened animal is amended to allow the
1 31 department of natural resources to assess damages of $1,000 or
1 32 the cost of replacing the endangered or threatened animal,
1 33 whichever amount is greater. The bill also decreases the
1 34 frequency that the natural resource commission reviews and may
1 35 amend the state list of endangered and threatened species from
2 1 at least two years to at least every five years.
2 2 LSB 1216DP 78
2 3 tj/gg/8
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