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.