Current through Register Vol. 43, No. 39, September 26, 2024
(a)
The following definitions shall apply only to this regulation:
(1) "Recovery plan" means a designated
strategy or methodology that, if funded and implemented, is reasonably expected
to lead to the eventual restoration, maintenance, or delisting of a listed
species.
(2) "Listed species" means
those species listed in K. A.R. 115-15-1 and
K.A.R.
115-15-2.
(3) "Local advisory committee" means a
committee as described in
K.S.A.
32-960a, and amendments thereto.
(b) A recovery plan shall be
developed for each listed species, subject to the priority list for development
of recovery plans, and shall be consistent with the amount of funds
appropriated for that purpose.
(1) All listed
species shall be ranked to establish priorities for recovery plan development.
Any recovery plan may include more than one listed species.
(2) When, using the ranked priority list, a
listed species is designated for recovery plan development, notice shall be
published to that effect in the Kansas register and shall be mailed to persons
who have requested to be notified of the recovery plan process for that listed
species or for all species.
(3)
Reasonable opportunity shall be provided for individuals, organizations, and
other interested parties to participate and express their views about the
development and implementation of a recovery plan.
(4) A local advisory committee shall be
established to take part in the development of the recovery plan. The local
advisory committee shall identify measures that minimize adverse social and
economic impacts during recovery actions.
(c)
(1) Each
recovery plan shall include the following:
(A)
The current status of the listed species, including the existing scientific
knowledge of habitat requirements, limiting factors, and
distribution;
(B) additional data
needs;
(C) actions and land uses
affecting the listed species;
(D)
specific management activities that may be included in an agreement between the
secretary and a landowner;
(E)
critical habitat designations required for conservation and recovery of the
listed species;
(F) objectives,
criteria, and budgeted actions required to recover and protect the listed
species;
(G) conservation
assistance programs or other incentive-based opportunities for species
conservation on private lands;
(H)
information and education-based opportunities for conservation of listed
species on private lands;
(I)
delisting date goal; and
(J)
estimated implementation cost.
(2) For each species listed before January 1,
1998, the existing critical habitat designation process and permitting
authority shall be maintained by the department until a recovery plan is
adopted for that species. The recovery plan, once adopted, shall determine the
final designations for critical habitat as well as identify specific actions
that are subject to permitting and enforcement authority.
(3) For newly listed species, critical
habitat shall be temporarily designated by the secretary. Each temporary
designation shall expire four years after the species is listed, unless the
species is listed under federal law. Final critical habitat criteria and
specific actions that are subject to permitting and enforcement authority shall
be determined by the adopted recovery plan.
(4) Each critical habitat established through
the recovery planning process shall supersede existing criteria and
designations.
(5) Each critical
habitat established through the recovery planning process or temporarily
designated by the secretary shall be determined on the basis of the best
scientific data available while taking into consideration the economic impact
of the designation.
(6) Any
geographic area may be excluded from a critical habitat designation by the
secretary if the secretary determines that the benefits of the exclusion
outweigh the benefits of the designation, unless the secretary determines that
the failure to designate the critical habitat will result in the extirpation of
the species, based on the best scientific and commercial data
available.
(d) To meet
the requirement that real property shall be included in management activities
as part of a recovery plan, pursuant to
K.S.A.
79-32,203(a)(2) and
amendments thereto, each landowner shall meet the following requirements:
(1) Undertake land management activities or
improvements identified in the recovery plan; and
(2) be a signed party to an agreement with
the secretary specifying those land management activities or
improvements.
(e) Before
its adoption, a draft recovery plan shall be distributed to federal and state
agencies, local and tribal governments that are affected by the recovery plan,
and individuals and organizations that have requested notification of
department actions regarding threatened or endangered species.
(f) After adoption of a recovery plan,
cooperation with other state and federal agencies, local and tribal
governments, and affected landowners for implementation of the recovery plan
shall be sought by the secretary.
(g) If a listed species is also designated as
a federal threatened or endangered species, or is a candidate for federal
designation, the recovery plan for that listed species shall be submitted to
the secretary of the interior.
(h)
Each recovery plan shall be reviewed at least once every five years, and the
status of the listed species addressed by the recovery plan shall be monitored
in the interim. The local advisory committee shall be consulted by the
department during the review. This review shall take into account any new
scientific knowledge or data since the original adoption of the recovery plan,
as well as current population trends of the listed species.
