[Congressional Record Volume 145, Number 120 (Wednesday, September 15, 1999)]
[Senate]
[Page S10926]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        COLD WATER FISH HABITAT

  Mr. CRAPO. Mr. President, I thank Senators Gorton and Byrd for 
inclusion of an amendment to provide funding for a voluntary 
enrollment, cold water fish habitat conservation plan (HCP) in the 
States of Idaho and Montana. This project is already authorized under 
the Endangered Species Act (ESA). Habitat Conservation Plans (HCPs) 
were authorized in 1982 to allow private landowners where endangered 
species are found a chance to write site-specific management plans and, 
in some cases, allow other activity to continue on those lands. A 
project similar to this involving the Karner Blue Butterfly in 
Wisconsin is considered an HCP success story.
  In Idaho alone, of the 2,639,633 acres of State-owned endowment land, 
over half is bull trout habitat. Wise and productive use of state 
endowment land is essential to the funding of education in Idaho and 
this use could be jeopardized should it be called into question as a 
``take'' under Section 9 of the ESA. The large area comprising bull 
trout habitat complicates not only natural resource uses of the land, 
but the management strategy of involved agencies in addressing habitat 
for the bull trout. With the huge land area involved, the U.S. Fish and 
Wildlife Service in Idaho concurs that a cooperative effort will be 
necessary to effect management practices to benefit the bull trout. The 
States of Idaho and Montana have already been active in addressing bull 
trout habitat needs--last year, they spent nearly $1 million 
collectively to promote bull trout recovery.
  It is clear that a cooperative effort, involving the States of Idaho 
and Montana, the USFWS, and private forest owners will be necessary to 
address the challenge of providing clean, cold water for bull trout 
habitat. The formulation of a voluntary enrollment, state-wide HCP will 
provide the structure for this cooperation. HCPs have a proven record 
of creating tangible benefits that aid in species protection and this 
HCP would both protect bull trout habitat and responsible land use. For 
an HCP to be approved, the Secretary must find that those party to the 
agreement will ``to the maximum extent possible, minimize and mitigate 
the impacts of * * * taking'' of the species in question.
  In recent hearings that I have held on HCPs in my subcommittee, 
numerous scientists have testified to the effectiveness of HCPs in 
furthering on the ground improvements to the habitat of threatened and 
endangered species. The funds provided for in this amendment will be 
used to fund data collection an organization for the States to come 
together and negotiate the HCP. The negotiated HCP would include state-
owned endowment lands and private lands enrolled voluntarily by the 
landowner. To arrive at the specific terms of such an agreement, a 
concerted effort will be needed to accumulate data and facilitate 
discussions that can lead to a consensus-based solution supported by 
all interested parties.
  The States of Idaho and Montana, nor the USFWS, cannot shoulder this 
funding burden alone. The funds provided for in this amendment are 
urgently needed. In addition to the overwhelming task of addressing 
bull trout habitat issues, the USFWS has been petitioned to list the 
west-slope cutthroat trout and the Yellowstone cutthroat trout. We 
seek, in partnership with the USFWS and the private sector, funding to 
develop an innovative HCP that can be a ``win'' for kids, for species, 
and for responsible land use.

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