36.11.428 THREATENED AND ENDANGERED SPECIES
(1) The department shall participate in
recovery efforts of threatened and endangered plant and animal species. The
department shall confer in its sole discretion with the United States fish and wildlife service (USFWS) to develop habitat mitigation
(a) Measures may differ from federal management guidelines because
the department plays a subsidiary role to federal agencies in species
recovery. In all cases, measures to support recovery must be consistent with
department responsibilities under the Endangered Species Act and Trust Law.
The department shall work with the USFWS to amend such measures when, in the
judgment of the forest management bureau chief, they are inconsistent with
trust management obligations.
to support species recovery shall be periodically updated to implement new
biological information and legal interpretations as warranted.
(2) The department shall, in its sole discretion, participate on interagency working groups
established to develop guidelines and implement recovery plans for threatened
and endangered species.
(a) If additional plant or animal species with habitat on state trust lands are
federally listed as threatened or endangered, the department shall, in its sole
discretion, participate in working groups for those species.
(b) The department shall, in its sole discretion, also participate in interagency
groups formed to oversee management of recently de-listed species.
(3) The department staff shall report sightings of threatened and
endangered species, except bald eagles, to respective working groups or an
appropriate data repository.
(a) For bald eagles, only
new nest locations shall be reported.
History: 77-1-202, 77-1-209, 77-5-201, 77-5-204, MCA; IMP, 77-5-116, 77-5-204, 77-5-206, 77-5-207, MCA; NEW, 2003 MAR p. 397, 2003 MAR p. 397, Eff. 3/14/03.