By:  Bivins                                           S.C.R. No. 33
                             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 United States Fish and Wildlife Service is
    1-9  poised to add the Arkansas River shiner to the endangered species
   1-10  list; and
   1-11        WHEREAS,  The 74th Legislature of the State of Texas does not
   1-12  support the U.S. Fish and Wildlife Service's claim that the species
   1-13  is in danger of extinction in the foreseeable future because of
   1-14  habitat loss from the diversion of surface water, stream
   1-15  dewatering/depletion, water quality degradation, construction of
   1-16  impoundments, or possible inadvertent collection by the commercial
   1-17  bait fish industry or from competition with the introduced Red
   1-18  River shiner; and
   1-19        WHEREAS,  This listing could effectively remove from the
   1-20  state, the cities, and local water districts control over the
   1-21  Ogallala Aquifer; now, therefore, be it
   1-22        RESOLVED,  That the 74th Legislature of the State of Texas
   1-23  hereby reject the suggestion by the U.S. Fish and Wildlife Service
    2-1  that it has failed to manage its natural resources in the Ogallala
    2-2  Aquifer in an environmentally conscious manner; and, be it further
    2-3        RESOLVED,  That the 74th Legislature of the State of Texas
    2-4  hereby express its adamant opposition to the addition of the
    2-5  Arkansas River shiner to the endangered species list until such
    2-6  time as the Endangered Species Act has been reauthorized and
    2-7  amended by the Congress of the United States; and, be it further
    2-8        RESOLVED,  That the 74th Legislature of the State of Texas
    2-9  requests that the Secretary of Interior direct the United States
   2-10  Fish and Wildlife Service to inform the Governor, the Lieutenant
   2-11  Governor, the Speaker of the House of Representatives, the Attorney
   2-12  General and the Texas Parks and Wildlife Department, the state fish
   2-13  and wildlife agency, of any actions contemplated to further the
   2-14  process of listing the Arkansas River Shiner as an endangered
   2-15  species; and, be it further
   2-16        RESOLVED,  That the Texas Secretary of State forward official
   2-17  copies of this resolution to the Secretary of the Department of the
   2-18  Interior of the United States, to the President of the United
   2-19  States, to the Speaker of the House of Representatives and the
   2-20  President of the Senate of the United States Congress, and to all
   2-21  members of the Texas delegation to the Congress.