By: Bivins S.C.R. No. 31 SENATE CONCURRENT RESOLUTION 1-1 WHEREAS, The Endangered Species Act originally was intended 1-2 to protect threatened and endangered flora and fauna but has become 1-3 a means to effect broader changes in land and water management; and 1-4 WHEREAS, Overdue for reauthorization by the Congress of the 1-5 United States, the Endangered Species Act does not currently 1-6 provide for adequate input by the states into the process of adding 1-7 new species to the endangered species list; and 1-8 WHEREAS, The State of Texas strongly supports a moratorium on 1-9 all new additions to the endangered species list until the 104th 1-10 Congress reauthorizes and amends the Endangered Species Act to 1-11 grant broader authority to the states; and 1-12 WHEREAS, The United States Fish and Wildlife Service is 1-13 poised to add the Arkansas River shiner to the endangered species 1-14 list; and 1-15 WHEREAS, The 74th Legislature of the State of Texas does not 1-16 support the U.S. Fish and Wildlife Service's claim that the species 1-17 is in danger of extinction in the foreseeable future because of 1-18 habitat loss from the diversion of surface water, stream 1-19 dewatering/depletion, water quality degradation, construction of 1-20 impoundments, or possible inadvertent collection by the commercial 1-21 bait fish industry or from competition with the introduced Red 1-22 River shiner; and 1-23 WHEREAS, This listing would effectively remove from the 1-24 state, the cities, and local water districts control over the 2-1 Ogallala Aquifer; now, therefore, be it 2-2 RESOLVED, That the 74th Legislature of the State of Texas 2-3 hereby reject the suggestion by the U.S. Fish and Wildlife Service 2-4 that it has failed to manage its natural resources in the Ogallala 2-5 Aquifer in an environmentally conscious manner; and, be it further 2-6 RESOLVED, That the 74th Legislature of the State of Texas 2-7 hereby express its adamant opposition to the addition of the 2-8 Arkansas River shiner to the endangered species list until such 2-9 time as the Endangered Species Act has been reauthorized and 2-10 amended by the Congress of the United States; and, be it further 2-11 RESOLVED, That the Texas secretary of state forward official 2-12 copies of this resolution to the secretary of the Department of the 2-13 Interior of the United States, to the president of the United 2-14 States, to the speaker of the house of representatives and 2-15 president of the senate of the United States Congress, and to all 2-16 members of the Texas delegation to the congress. 2-17 RESOLVED, That the 74th Legislature of the State of Texas 2-18 requests that the Secretary of Interior direct the United States 2-19 Fish and Wildlife Service to inform the Governor, Lieutenant 2-20 Governor, the Speaker of the House of Representatives, the Attorney 2-21 General and the Texas Parks and Wildlife Department, the state fish 2-22 and wildlife agency, of any actions contemplated to: list 2-23 additional species; to reassess the status of listed species; to 2-24 identify critical habitat; to develop or approve recovery plans; 2-25 or, any other actions which might affect the status or recovery of 2-26 federally-listed species in Texas. Further, the State of Texas 2-27 encourages that the Service actively seek available data and the 3-1 advice of the Texas Parks and Wildlife Department before proceeding 3-2 with any of those contemplated actions.