I am glad your representatives were so nice, here is the response from mine:
Good afternoon Derek,
I received your e-mail expressing your views on House Bill 1576, known as the Endangered Species Coordination Act, and its companion legislation Senate Bill 1047. I appreciate you taking the time to share your thoughts with me, and I certainly understand your views regarding this very important issue.
According to House Game and Fisheries Committee staff, House Bill 1576 and its companion legislation seek to standardize the state process for designating species of wildlife, fish (which includes reptiles and amphibians) and plants as threatened or endangered, as well as the designation of waters as Wild Trout Streams by requiring all state agencies that promulgate such regulations to have those regulations reviewed by the Commonwealth’s Independent Regulatory Review Commission (IRRC). The bill would provide for coordination of the agencies and grant more transparent access to information so project planners can maximize conservation efforts for their permitted activities, which can be greatly affected by these designations.
It is the responsibility of the PA Game Commission (PGC) to designate wildlife as threatened or endangered; the responsibility of the PA Fish & Boat Commission (PFBC) to designate fish and list waters as wild trout streams; and the responsibility of the PA Department of Conservation and Natural Resources (DCNR) to designate plants. DCNR is currently required to have their regulations reviewed by IRRC. Waterway designations of the PA Department of Environmental Protection (DEP) must go through IRRC as well. In fact, the PGC and PFBC are the only two state agencies that are currently exempt from the IRRC process. It is important to note that normal game species management regulations such as hunting and fishing seasons, and their respective bag or creel limits, would continue to be exempt from IRRC review, and are not included in the requirements of this proposed legislation.
The bill does not seek to strip or hamper the agencies’ ability or authority to promulgate such regulations or force agencies to spend additional money, so it will not jeopardize any federal funding. It would simply require that those regulations related to T&E species and trout stream designations promulgated by the agencies be reviewed by IRRC for form, accuracy and compliance with Commonwealth’s law before they receive final approval, just like the designations of DCNR and DEP. The bill also requires that the supporting reasoning and data for the regulation be shared with IRRC and the standing legislative committees. Contrary to what some organizations are claiming, the bill does not limit the agencies to listing only species that are federally listed. Under the bill language, an agency may designate a species as threatened or endangered if it is listed federally, or the agency may promulgate a regulation to designate a species not on the federal list so long as they follow the described process.
There have also been concerns raised by the PGC and PFBC that the IRRC process takes up to two years to complete, and that requiring designations to be reviewed by IRRC could endanger species in emergency situations. IRRC is statutorily required to review and if necessary respond to regulations within 30 days of the end of a public comment period, which is normally 30 days as well. So in essence, the IRRC process itself generally takes between 30 and 60 days. The reality is that most delays in approving regulations arise from delays within the agency promulgating the regulation before it gets to IRRC, or are the result of problems with the regulation that IRRC or the standing committees may ask an agency to address. In addition, there is also an avenue for temporary emergency regulations to be put in place while IRRC is reviewing a proposed regulation.
The independent review provided by IRRC is in place to provide accountability, transparency and accuracy in the promulgation of state agency regulations. A state agency should not be exempt from, or opposed to being included in, this accountability process while all others are subject to it, especially for something as important as the protection of T&E species and waterways. If the IRRC system is not an impediment to the waterway designations of DEP or the designation of plants by DCNR, it should therefore not be an impediment the designations of the PGC and the PFBC.
The legislation also requires DCNR to maintain a centralized database containing information on the Commonwealth’s threatened and endangered species and their habitats. This information will be available only to a limited class of persons or organizations that are involved in state or federal permitting for projects that could be affected by the designations of threatened or endangered species and wild trout stream designations, or those involved in conservation planning or resource management as determined by DCNR. Since this is sensitive information pertaining to vulnerable species that may also be valuable on the black market, the legislation contains a provision to provide that such information may only be used for things such as conservation, development planning, natural resource management or compliance with laws and regulations for the protection of species listed, as well as a penalty for misuse of such information.
It may interest you to know that the House Game and Fisheries Committee recently held two joint public hearings on House Bill 1576 in conjunction with the House Environmental and Energy Resources Committee to gain a better understanding of the bill and its effects, and the various methods currently used by the agencies to make their designations. Lawmakers heard testimony from a broad and diverse range of stakeholder groups including the PGC, PFBC, DCNR, the PA Builders Association, Trout Unlimited of PA, Sierra Club PA Chapter, the PA Aggregates and Concrete Association, the PA Anthracite Council, the PA Coal Alliance, the PA Federation of Sportsmen’s Clubs, and Penn Future. DEP, IRRC, the PA Chamber of Business and Industry, the PA Biological Survey and a myriad of other organizations have submitted comments to the committee on the legislation.
Lawmakers have for years have heard concerns and frustrations from business and industry, as well as local government planners and conservation project planners about the cumbersome, non-transparent, and time-consuming nature of the review process for environmental permitting. The system has its flaws and is not perfect, and legislation such as House Bill 1576 could serve to improve that system and help provide better protection for threatened and endangered species while creating a proper balance between economic growth and environmental protection. That is the ultimate goal of the legislation.
Please remember this legislation is merely a starting point, with the input of legislators and the various stakeholder groups, including hunters, conservationists and business interests determining the final version to be considered. In that regard, House Bill 1576 was brought up for consideration by the House Game and Fisheries Committee on November 13, and an amendment addressing the concerns raised through the public hearings was adopted unanimously. The comprehensive amendment included the following improvements to the bill:
Removed the bill’s requirement for agencies to re-designate all currently listed species within a two-year time frame.
Expands the proposed centralized database to include “other designated species” that are of special concern or rare species other than threatened or endangered species.
Ensures access to information in the database is made available only to authorized persons and increases the civil penalties for unlawful use of sensitive database information.
Prohibits the transfer of hunting or fishing license dollars or related federal funds for implementation of the act to further ensure there is no loss of federal funds to the Game and Fish agencies as a result of the change.
Places the requirement to do field surveys for accessing the presence of species on the permit applicant affecting the land and specifies that if field surveys are required, the state agency with authority for the protection of the species must within 30 days of receiving the survey results provide either clearance for the project, or detailed avoidance measures, detailed minimization measures or detailed mitigation measures to the permit applicant.
Clarifies that the Fish and Boat Commission and Game Commission’s requirement to adhere to independent regulatory review is limited to designations of threatened or endangered species and trout streams only, so that regulatory actions like hunting seasons and bag limits or fishing seasons and creel limits are not subjected to regulatory review.
Derek, the bill was subsequently approved by the committee on a vote of 16-8, and now moves to the full House for its consideration. I am confident the House Game and Fisheries Committee has fully explored the issue, but there will likely be consideration of additional amendments to the bill when it comes up for a vote. When that happens, I will certainly keep your views in mind when casting my vote.
Again, thank you for taking the time to contact me. If you have further questions concerning any state-related matter, please feel free to contact my office.
Sincerely,
Steven C. Mentzer
State Representative
97th Legislative District
What a wanker
