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#3062302 - Tue Jun 25 2013 07:20 AM HB 1576 Regulation Scheme PA Endagered Species
Bluetick Offline
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Registered: Fri Oct 31 2003
Posts: 23584
Loc: Franklin County
Regular Session 2013-2014

House Bill 1576


Short Title: An Act providing a process for the designation of certain species.

Prime Sponsor: Representative PYLE
Last Action: Referred to GAME AND FISHERIES, June 24, 2013 [House]




http://www.legis.state.pa.us/cfdocs/bill...e=B&bn=1576
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#3062304 - Tue Jun 25 2013 07:22 AM Re: HB 1576 Regulation Scheme PA Endagered Species [Re: Bluetick]
Bluetick Offline
Stopped counting

Registered: Fri Oct 31 2003
Posts: 23584
Loc: Franklin County
MEMORANDUM



June 12, 2013


From:

Representative Jeffrey Pyle



To:

All House members



Subject:

Endangered Species Coordination Act




In the near future, I plan on introducing the Endangered Species Coordination Act to establish a uniform and transparent process for evaluating; designating and protecting threatened and endangered species and their critical habitats in the Commonwealth.

The legislation has four main elements: 1) standardizes a state process for listing of threatened or endangered species by formalizing existing resource agency authority via rulemaking; 2) consolidates the listings into a centralized database managed by the Department of Conservation and Natural Resources; 3) grants access to information in the database to planners required to consider the impacts that a project could have or to those involved in conservationist efforts; and 4) protects sensitive data by prohibiting the disclosure of the information to anyone not involved in a development or conservation project.

Another benefit of this legislation is that it places the decisions of the Pennsylvania Fish and Boat Commission and Pennsylvania Game Commission under the review of Independent Regulatory Review Commission. As Pennsylvania’s last two remaining extra-governmental promulgated rule making bodies, the right of our concerned citizens to exercise due process in appealing a decision would, for the first time, have a forum to do so with the IRRC. The legislation does not, however, address or direct any establishment of seasons, bag limits, et al.


http://www.legis.state.pa.us/cfdocs/Legi...;cosponId=12965
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#3062310 - Tue Jun 25 2013 07:31 AM Re: HB 1576 Regulation Scheme PA Endagered Species [Re: Bluetick]
Bluetick Offline
Stopped counting

Registered: Fri Oct 31 2003
Posts: 23584
Loc: Franklin County
Basically, this bill requires that no critter, tree, flower, fish, or critical habitat can be listed as threatened or endangered until:

"only when the species is likely to become a
Pennsylvania endangered species throughout all or a
significant portion of its range within the foreseeable
future."


Further:


"When reviewing applications for permits, approvals or other
authorizations or taking actions, State and local government
agencies shall consider impacts only to listed species and their
critical habitats included in the centralized database. Permits,
approvals, authorizations or regulations shall not require
persons to conduct field surveys or other activities to
determine or evaluate the presence of species or their habitats,
unless acceptable data exist indicating the presence of a listed
species in the area."


Most alarming is:

"Conditions for designation.--

(1) Any designation of a Pennsylvania endangered species
shall be made only when the species is in danger of

- 4 -

extinction throughout all or a significant portion of its
range."


Then as bad as the preceding is, we have built into this law this requirement that removes the ability of the GC or PFBC to work with business and industry to lessen impacts to commence:

" Section 3. Coordination of designation.
No Commonwealth agency may take action to designate or
consider fish, wildlife or plants as threatened or endangered
unless the fish, wildlife or plants are designated under the
Endangered Species Act of 1973 (Public Law 93-205, 16 U.S.C. §
1531 et seq.) or pursuant to this act.
Section 4. Designation process.
(a) Applicable law.--Any action by a Commonwealth agency to
designate fish, wildlife or plants as threatened or endangered
or to designate a stream as a wild trout stream shall be subject
to the requirements of the act of July 31, 1968 (P.L.769,
No.240) referred to as the Commonwealth Documents Law, and the


act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
Review Act."


The entire bill is designed to elongate the process, and restrict serious efforts to take adequate protections. But the addition of the IRRC review requirement stops any regulation in place for two years.



The more you read, the worse it gets.



http://www.legis.state.pa.us/cfdocs/legi...576&pn=2133
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#3062316 - Tue Jun 25 2013 07:41 AM Re: HB 1576 Regulation Scheme PA Endagered Species [Re: Bluetick]
Bluetick Offline
Stopped counting

Registered: Fri Oct 31 2003
Posts: 23584
Loc: Franklin County
I am not a "Green" anything. I am not a "Eco-" anything. Not a tree hugger or bunny petter. But this bill is bad.


I get it.

I have railed on here about the eco freaks and Green this or that's suing agencies and companies for saving this or that. Often based on bad or very iffy science or being on the fringes of habitat or range of the thing beinging saved.

The above isn't right, fair, or justified.

But, this bill reverses existing law and process to much - to far.

Worst of all - it mandates that the Fed's have to list something before the state can. That is going to lock down any ability to have wiggle room for business, commence, earning a livelihood, and paves the way and opens the door for the Green / Eco crowd whereas the state laws and reg's are written to be far more business friendly.



This regulation stems from the bat issue from last year. The mussel issue before that. But, once the agencies and the business's got over the "expected extreme but normal communist backed Green / ECO animals over human use attacks" the business and agencies found common workable ground at the state level.

That is not nearly as easy or even possible when federally designated.
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#3062359 - Tue Jun 25 2013 08:57 AM Re: HB 1576 Regulation Scheme PA Endagered Species [Re: Bluetick]
zimmerstutzen Online   content
The man

Registered: Fri Oct 19 2001
Posts: 9646
Loc: lancaster
In my township, it seems we can't fill a pothole without a "bog turtle" survey and impact clearance. It delays repairs after storms and runs up costs. Apparently we are also home to some extremely rare plants. I also don't want to be told I can't mow my grass because some greenie thought he saw a vermicious knid or a frumious bandersnatch.

We need to have the flexibility to act independent of the feds, but also to maintain some sanity. Some balance is necessary, I don't see it in this bill.

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#3163184 - Thu Oct 31 2013 09:51 AM Re: HB 1576 Regulation Scheme PA Endagered Species [Re: Bluetick]
Bluetick Offline
Stopped counting

Registered: Fri Oct 31 2003
Posts: 23584
Loc: Franklin County
Bump
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#3167691 - Mon Nov 04 2013 02:33 PM Re: HB 1576 Regulation Scheme PA Endagered Species [Re: Bluetick]
casey Online   content

The man

Registered: Wed Aug 21 2002
Posts: 8161
Loc: milford pa-pike county
ttt
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#3170487 - Wed Nov 06 2013 06:02 PM Re: HB 1576 Regulation Scheme PA Endagered Species [Re: Bluetick]
casey Online   content

The man

Registered: Wed Aug 21 2002
Posts: 8161
Loc: milford pa-pike county
11/13/2013 Game & Fisheries [H]

09:30 AM Voting meeting on HB 1576, HB 1534, SB 763, SB 895,
and any other business that may come before the
Committee. Room 60
East Wing
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#3179599 - Thu Nov 14 2013 07:28 AM Re: HB 1576 Regulation Scheme PA Endagered Species [Re: Bluetick]
Bluetick Offline
Stopped counting

Registered: Fri Oct 31 2003
Posts: 23584
Loc: Franklin County
The bill is moving with amendments that the sponsor claims their lawyers say will protect the PR money that is going to be lost if this passes.

27 Million at stake and they are still playing with passing this for the Marcellus industry. Campaign contributions and influence trump sound wildlife management.

http://www.legis.state.pa.us/cfdocs/legi...3&rNbr=1218
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#3180346 - Thu Nov 14 2013 06:52 PM Re: HB 1576 Regulation Scheme PA Endagered Species [Re: Bluetick]
Bluetick Offline
Stopped counting

Registered: Fri Oct 31 2003
Posts: 23584
Loc: Franklin County

Legislation to remove the historic authority of the state fish and game commissions to designate endangered species cleared its first hurdle Wednesday over the objections of outdoorsmen and environmentalists.

By a bipartisan 16-8 vote, the House Game and Fisheries Committee approved a bill to give an appointed regulatory panel the final say as to which species of wildlife and aquatic life are listed.

House Majority Leader Mike Turzai (R., Allegheny) said Wednesday he was "looking to run" the bill next week.

Rep. Keith Gillespie (R., York), a committee member who described himself as a longtime hunter, said he voted against the bill because it moves away from a science-based approach to managing wildlife, something he called "extremely dangerous."

"These are life-and-death decisions," he said.

The panel that would be given the authority - the Independent Regulatory Review Commission - reviews virtually all regulations in other agencies. Now it would also have the power to decide whether a species should be on the endangered list........

Bill sponsor Jeff Pyle (R., Armstrong) said a species of endangered mussel had all but halted dredging of parts of the Allegheny River, and said he feared the listing of several types of bat, whose numbers have been decimated by white-nose syndrome disease, might stop development within a wide radius around many structures where they can be found.

But many of those who packed a Capitol hearing room, along with gas and other industry lobbyists, said the change would subjugate science to the whims of a politically appointed board.

"The bill continues to have a fatal flaw," said Jeff Schmidt, executive director of the Sierra Club in Pennsylvania. "It takes the decision out of hands of scientists and puts it in the hands of political appointees."

The fish and game commissions said the shift in control could mean the loss of $27 million in federal funding, but Causer said he was confident the concerns of the U.S. Fish and Wildlife Department Services had been addressed.

Greg Raffensperger, executive director of the Game and Fisheries Committee, said game and fish scientists would still determine the designations, but their recommendations would be reviewed by the regulatory body the same as other agencies' regulations are now.


http://www.philly.com/philly/news/politi...ed_species.html
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