NOTE: The governor signed this measure on 6/5/2013.
      
      
      SENATE BILL 13-169
      
      
      BY SENATOR(S) Crowder and Schwartz, Brophy, Giron, Guzman,
      Nicholson;
      also REPRESENTATIVE(S) Dore, Fields, Fischer, Ginal, Hullinghorst,
      Labuda, Lebsock, Mitsch Bush, Rosenthal, Salazar, Schafer.
      
      
      Concerning reintroduction of black-footed ferrets without
           further legislative approval where a landowner consents
           pursuant to a programmatic safe harbor agreement.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 33-2-105.6, amend (1)
      introductory portion, (1) (b) (II), (4) (b), and (4) (d) as follows:
      
           33-2-105.6.  Reintroduction of the bonytail fish and the
      black-footed ferret. (1)  In accordance with section 33-2-105.5, the general
      assembly hereby determines that the following species are were not,
      currently as of April 18, 2000, found in the state and are listed under the
      federal "Endangered Species Act of 1973", 16 U.S.C. sec. 1531 et seq., as
      amended, and therefore require approval by the general assembly prior to
      reintroduction by the division. The general assembly hereby approves the
      reintroduction of the following species into the state of Colorado:
      
           (b) (II)  The reintroduction of the black-footed ferret shall be
      conducted consistent with the approach described in the black-footed ferret
      cooperative management plan dated June 1995, developed by the division,
      the United States fish and wildlife service, and the United States bureau of
      land management, as modified by the availability of programmatic
      safe harbor agreements and enhancement-of-survival permits
      under 16 U.S.C. sec. 1539 (a) (1) (A). The reintroduction program shall
      must provide for regular updates for the local community on the status of
      the reintroduction and shall involve representatives of local government and
      affected interests in resolving issues that may arise during the reintroduction
      effort.
      
           (4)  In addition to the requirements of paragraph (b) of subsection (1)
      of this section, the reintroduction of the black-footed ferret shall be
      conducted in accordance with the following requirements:
      
           (b)  Any effort to reintroduce the black-footed ferret in any areas
      outside the experimental population boundaries described in the
      black-footed ferret cooperative management plan dated June 1995, shall
      require further legislative approval; except that a reintroduction of
      black-footed ferrets occurring on or after the effective date of
      this paragraph (b), as amended, does not require further
      legislative approval if the reintroduction occurs on private land
      with landowner consent pursuant to a programmatic safe harbor
      agreement and an enhancement-of-survival permit under 16 U.S.C.
      sec. 1539 (a) (1) (A) that:
      
           (I)  Authorize the incidental take of black-footed ferrets
      that may result from the implementation of conservation actions,
      specific land uses, and the return of the landowner's real estate
      to baseline conditions; and
      
           (II)  Provide landowners with assurances that the federal
      government will not impose further land, water, or resource-use
      restrictions or additional commitments of land, water, or
      finances beyond that agreed to in the agreement.
      
           (d)  If requested, the state of Colorado shall relocate any
      black-footed ferrets within the state of Colorado that were reintroduced
      pursuant to the black-footed ferret cooperative management
      plan dated June 1995, and that move outside of the experimental
      population boundaries described in the black-footed ferret cooperative
      management plan dated June 1995, into the area originally designated in the
      plan.
      
           SECTION 2.  Act subject to petition - effective date -
      applicability. (1)  This act takes effect at 12:01 a.m. on the day following
      the expiration of the ninety-day period after final adjournment of the
      general assembly (August 7, 2013, if adjournment sine die is on May 8,
      2013); except that, if a referendum petition is filed pursuant to section 1 (3)
      of article V of the state constitution against this act or an item, section, or
      part of this act within such period, then the act, item, section, or part will
      not take effect unless approved by the people at the general election to be
      held in November 2014 and, in such case, will take effect on the date of the
      official declaration of the vote thereon by the governor.
      
           (2)  This act applies to conduct occurring on or after the applicable
      effective date of this act.
      
      
      
      
      ____________________________  ____________________________
      John P. Morse                         Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO