Existing
State Law
Most state Endangered Species Acts fall far short of adequately
protecting species. The following three states have acts
that are not ideal, but have some provisions that effectively
protect species. For a complete listing of the provisions
included in each state’s ESA, read Defenders of Wildlife’s
“State
Endangered Species Act Summaries.”
California
Passed in 1970, the California
Endangered Species Act is the most comprehensive of
the state ESAs. The law includes a “recovery strategy pilot
program” and has a clause stating the legislature’s intent
to acquire lands for habitat. It includes plants in the
definition of a species, allows for the listing of candidate
species and subspecies, and allows for emergency listing.
It provides for high penalties for violation of the act,
receives funding through an established preservation fund,
and has a time limit (this provision exists in very few
state ESAs) for listing following study.
Hawaii
Hawaii passed their Endangered
Species Act in 1975. In addition to animals, it provides
for the protection of plants and includes them in the definition
of a species. Further, an amendment in 1997 added a stipulation
for safe harbor agreements. However, Hawaii’s ESA lacks
recovery plan provisions, does not allow for candidate species
or emergency listing, and provides low penalties for violations.
Kansas
Kansas, like Hawaii, enacted a law protecting endangered
species in 1975. Beneficial provisions in the Kansas law
include the creation of a conservation program, which, among
other things, provides for the acquisition of land. Additionally,
recent amendments have allowed for the authorization of
prelisting conservation agreements and for safe harbor provisions.
However, Kansas’ ESA contains no protection for subspecies
or plants, and provides low penalties for violations. (See
Kansas
Statutes 32-957 to 963; 32-960a and 32-960b; 32-1009
to 1012; and 32-1003).
Introduced Legislation
Idaho
HB
788, introduced 2/27/04, provides for an income tax
credit for eligible expenditures relating to the preservation
of native species, accompanied by species management or
recovery plans.
Status: To House Committee
on Revenue and Taxation, 3/1/04.
Wyoming
HB
96, introduced 2/9/04, creates a wildlife legacy trust
account within the game and fish fund to support the preservation
and recovery of endangered species. The Wyoming Wildlife
Legacy Trust account would be initially funded with $40
million from the budget reserve account. It would provide
up to $2 million a year to pay for wildlife habitat maintenance
and improvement, gathering information on current or potential
threatened and endangered species, dealing with human-wildlife
conflicts that are caused by residential and industrial
development, promoting the enjoyment of wildlife (including
nonconsumptive enjoyment), and repairing Wyoming Game and
Fish Department facilities.
Status: Failed introduction,
2/11/04.
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