Laserfiche WebLink
<br />. <br /> <br />THIS SUB-SUBPARAGRAPH (B) SHALL INCLUDE: SCIENTIFIC EVALUATION OF <br />GENETIC DATA THAT PROVES THE SPECIES IS A SEPARATE AND DISTL'iCT <br />SPECIES IN THE ECOSYSTEM; EVALUATION OF THE SPECIES HABITAT THAT <br />ENCOMPASSES THE ENTIRE GEOGRAPHIC AREA OF THE SPECIES HABIT AT not just <br />portions of such habitat; and the reliable scientific baseline data used to ascertain that the number <br />of the species in the habitat is rapidly declining over time. <br /> <br />(c) IN NO EVENT SHALL MONEYS FROM THE SPECIES CONSERVATION TRUST <br />FUND, CREATED IN SUBSECTION (2) OF THIS SECTION, BE USED TO ACQUIRE ANY <br />PROPERTY THROUGH THE EXERCISE OF EMINENT DOMAIN. <br /> <br />. <br /> <br />(4) Agreement requirements. IN ORDER TO BE ELIGIBLE FOR FUNDING UNDER <br />SUBSECTION (3) OF THIS SECTION, AGREEMENTS ENTERED INTO BY OR ON <br />BEHALF OF THE STATE WITH ANY PERSON, ENTITY, ORGANIZATION, POLITICAL <br />SUBDIVISION, ST ATE, OR THE FEDERAL GOVERNMENT RELATING TO THE <br />CONSERVATION OF NATIVE SPECIES THAT HAVE BEEN LISTED AS THREATENED <br />OR ENDANGERED UNDER FEDERAL OR STATE LAW OR THAT ARE CANDIDATE <br />SPECIES OR ARE LIKELY TO BECOME CANDIDATE SPECIES, SPECIES AT RISK AND <br />SPECIES OF SPECIAL CONCERN, OR SPECIES THE DECLINE OR EXTINCTION OF <br />WHICH MA Y AFFECT THE WELFARE OF THE CITIZENS OF THE STATE, MUST BE <br />VOLUNTARY, SHALL PROTECT PRIVATE PROPERTY RIGHTS, AND SHALL ASSIST <br />IN MEETING THE REGULATORY REQUIREMENTS that currently exist or that may become <br />applicable in the future pertaining to the conservation of species. Funds allocated for the purpose <br />of implementing such agreements through the species conservation list process shall be utilized, <br />to the maximum extent possible, for the purchase or construction of capital assets that shall be <br />owned by the state and that may be sold or utilized for other purposes in the event that the <br />agreement is terminated unless the state elects not to own such assets and for the implementation <br />of activities the division of wildlife has determined may ELIMINATE THE NEED TO LIST A <br />SPECIES AS THREATENED OR ENDANGERED OR, IN THE CASE OF PREVIOUSLY <br />LISTED SPECIES, MAY HASTEN delisting. <br /> <br />(5) Maximization of funds. THE COLORADO WATER CONSER V A TION BOARD AND <br />THE WILDLIFE COMMISSION SHALL MAXIMIZE THE SPECIES CONSERVATION <br />TRUST FUND BY APPLYING FOR A V AILABLE GRANTS CONSISTENT WITH THE <br />PURPOSES OF THE FUND. FEDERAL GRANTS AND VOLUNTARY CONTRIBUTIONS <br />MA Y BY ACCEPTED AND EXPENDED AS PROVIDED It'\! THIS SECTION. SUCH <br />GRANTS AND CONTRIBUTIONS shall, upon acceptance, be placed in the species <br />conservation trust fund created in subsection (2) of this section. Nothing in this section shall be <br />construed to limit the authority of the Colorado di vision of wildlife to manage or regulate game, <br />nongame, or threatened or endangered species. No funding shall be accepted, approved, or used <br />to initiate the listing of species as threatened or endangered under federal law. Nothing in this <br />section is intended to be construed as a mechanism to substitute funding that would otherwise be <br />available for expenditure by the division OF WILDLIFE OR TO REPLACE OR REDUCE THE <br />OBLIGATION OF THE DIVISION TO CARRY OUT NONGAME PROGRAMS UNDER <br />TITLE 33, C.R.S. <br /> <br />. <br />