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.