Otter signs wolf disaster bill into law despite separation of powers concerns
Gov. Butch Otter has signed HB 343, the wolf disaster emergency bill, into law despite concerns he expressed in a two-page letter about the bill. "My concerns with the legislation are not whether it is an appropriate response to the devastation that wolves have caused," Otter wrote in an official signing letter to Secretary of State Ben Ysursa. "I understand and share the frustration of Idahoans over the impact wolves have had across our state in the past 16 years. However, I am concerned that H343 is largely unnecessary, and it unintentionally infringes on the statutory authority of the governor to declare disasters." You can read my full story here at spokesman.com.
Nevertheless, he signed it into law. Otter said in his letter that the Legislature "has agreed to work with me next session to fix the provisions that infringe on the authority vested in the governor to declare disasters," and, he said, "portions of this bill may prove useful in the future if state management is revoked or the species is relisted under the Endangered Species Act." Under congressional legislation authored in part by Idaho Rep. Mike Simpson and signed into law by President Barack Obama last week, wolves are being removed from endangered species protection in Idaho. Otter wrote, "I have asked the IDFG to focus on resuming state management of wolves pursuant to our state management plan." You can read Otter's letter here; and click below for his news release.
C.L. “Butch” Otter
GOVERNOR
NEWS RELEASE
FOR IMMEDIATE RELEASE:
April 19, 2011
GOVERNOR SIGNS WOLF DISASTER BILL INTO LAW
(BOISE) – Governor C.L. “Butch” Otter signed a bill today declaring the federal government’s introduction of wolves to Idaho a State disaster, despite last week’s congressional action to take wolves off the endangered species list and concerns about undermining his own statutory authority to declare such disasters.
Governor Otter signed House Bill 343, along with a two-page letter to Idaho Secretary of State Ben Ysursa outlining his concerns about having his authority as Governor usurped and that the legislation is unnecessary. A copy of the letter can be found here.
“I signed this legislation into law despite the aforementioned reservations because: (1) the Legislature has agreed to work with me next session to fix the provisions that infringe on the authority vested in the Governor to declare disasters; and (2) unfortunately we have been here before – only to have state management overturned and federal protection restored,” he wrote. “Portions of this bill may prove useful in the future if state management is revoked or the species is relisted under the Endangered Species Act.”
In the meantime, the Governor said he asked the Idaho Department of Fish and Game “to focus on resuming state management of wolves pursuant to our state management plan. Part of that focus includes immediately reducing depredations on wildlife and livestock as state management is restored.”
Governor Otter said the legislation provides no additional protections for Idaho citizens than already existed. “Idahoans should know they have always been able to kill a wolf in self defense or in the defense of other humans. That has not changed, nor is this legislation or a disaster declaration necessary for anyone to protect themselves or other people from wolves in any part of the state.”
He also praised the work of Congressman Mike Simpson in getting Congress to pass – and President Obama to sign into law – language requiring Interior Secretary Ken Salazar to delist wolves within 60 days in Idaho and other states. And the Governor applauded the intentions of legislators who approved House Bill 343.
“My concerns with the legislation are not whether it is an appropriate response to the devastation that wolves have caused. I understand and share the frustration of Idahoans over the impact wolves have had across our state in the past 16 years.” But the Governor said he was concerned that the law infringes on the broad and unilateral authority the Legislature granted to the Governor to declare disasters in the 1975 State Disaster Preparedness Act.
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