HBA-AMW S.C.R. 51 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.C.R. 51
By: Bivins
State Recreational Resources
5/18/2001
Engrossed



BACKGROUND AND PURPOSE 

In 1998, the United States Department of Fish and Wildlife Service (USFWS)
listed the Arkansas River shiner (shiner), a minnow whose present range
includes portions of the Canadian River in Texas, as a threatened species
under the federal Endangered Species Act.  The Texas Parks and Wildlife
Department recommended not to list the shiner as an endangered or even
threatened species because the department contended that such a listing was
scientifically unsound and unnecessary.  Earlier this year, USFWS
designated over 100 miles of the Canadian River in the Texas Panhandle as a
critical habitat for the shiner. There is concern that the critical habitat
designation may impact property rights and lead to direct federal
regulation of the state's groundwater and surface water use.  Senate
Concurrent Resolution 51 urges federal and state entities to ensure that
actions taken regarding the shiner are absolutely necessary, scientifically
justifiable, and economically prudent. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

ANALYSIS

Senate Concurrent Resolution 51 urges the United States Department of the
Interior to reconsider the necessity of designating the Arkansas River
shiner as a threatened species and the necessity of designating critical
habitat in Texas for the Arkansas River shiner.  The resolution urges the
Parks and Wildlife Department and the office of the attorney general to
take all reasonable steps to ensure that portions of the Canadian River in
Texas be designated as critical habitat only to the extent that such
designation is absolutely necessary, scientifically justifiable, and
economically prudent.