~, 25317
Ora°-r
Approval °~ Cen~a ° ~a SPlan
~pos'~ieS ~onserva
MaY 11. 1998
Vol V Page 642
ORDER NO. 25317
APPROVRL OF RESOLUTION OPPOSING THE CENTRAL TEXAS
RARE SPECIES CONSERVATION PLAN
On this day the 11th day of May, 1999 upon motion made by
Judge Denson, seconded 6y Commissioner Lackey, the Court
unanimously approved by a vote of 4-0-0, the resolution
opposing the Central Texas Rare Species Conservation Plan and
authorize the County Judge to sign same.
ALLEN RAY MOODY
EDWARDS COUNTY ATTORNEY
PO Box 707 209 West Main St.
Rocksprings, TX 78880
Ph: 830/683-6128 Fax: 830~i83-6129
M-E-M-O
TO: Interested Parties
late: April 29, 1998
Re: Central Texas Rare Species Conservation Plan
Please find enclosed a copy of a resolution, passed by the Commissioners' Court of
Edwards County, Texas on April 9, 1998 opposing the Central Texas Rare Species
Conservation Plan currently under consideration by Texas Parks and Wildlife.
The resolution also encourages all elected and appointed governmental officials to
work against approval and implentation of the plan.
Please provide a copy of this reaolution to any parties involved in or having an
interest in the conservation plan and who need to be informed regarding the public's
opinion on this matter.
If you have any questions, please do not hesitate to contact my office or contact
fion. .Tevilie 3. Smart, Jr., Edwards County Judge, @ 830/ti83-6122.
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ALLEN RAY MOODY
EDWARDS COUNTY ATTORNE
PO Box 707 209 West Main St.
Rocksprings, TX 78880
Ph: 830/683-6128 Fax: 830-683-6129
M-E-M-O
TO: Interested Parties
DatC: April 29, 1998
RC: Central Texas Rare Species Conservation Plan
COMMENTS
Please find enclosed a copy of a resolution, passed by the Commissioners' Court of
Edwards County, Texas on April 9, 1998 opposing the Central Texas Rare Species
Conservation Plan currently under consideration by Texas Parks and Wildlife.
The resolution also encourages all elected and appointed governmental officials to
work against approval and implentation of the plan.
Please provide a copy of this reaolution to any parties involved in or having an
interest in the conservation plan and who need to be informed regarding the public's
opinion on this matter.
If you have any questions, please do not hesitate to contact my office or contact
hon. Neville G. Smart, Jr., Edwards County Judge, @ 830/683-6122.
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EDWARDS COUNTY COMMISSIONER'S COt~~'rtl~
Resolution Opposing The Central Texas Rare Species Conservation Plan
On this the 9th day of April, 1998, A.D., in the City of Rocksprings, County of Edwards and State of
Texas, in the Regular Meeting of the Commissioners Court of said county, it was moved by
,)gv~nes F . ~~APX~U i T . and seconded by ~~l'~2~`~' ~eUd . that the
following Resolution be adopted, to-wit:
WHEREAS, the Texas Parks and Wildlife Department ("TP&W") is proposing a habitat conservation plan for
two species of birds, the "golden-cheeked warbler" and the "black-capped vireo', called the Central
Texas Rare Species Conservation Plan (the "Plan");
WHEREAS, if the Plan is submitted to the U.S. Pish and Wildlife Service ("P&WS'), it will probably be
approved under the U.S. Endangered Species Act ("ESA"), which will result in extensive federal
land use regulation covering Central and West Texas, possibly including all or major portions of
Edwards County;
WHEREAS, the Plan could cover millions of acres of privately owned land in Central and Wesl Texas, affecting
tens of thousands of landowners, and could require private landowners to ssibly abandon the
highest and best use of portions of their land, pay fees for making historical use of their land, or
suffer other financial detriment;
WHEREAS, the Plan is designed to cover not only "critical" habitat bu[ also "suitable" habitat, which is defvted
as habitat that harbors or could support listed species, the Plan may therefore cover lands the
protected species are not necessarily found to inhabit;
WHEREAS, the restrictions imposed under the Plan may prevent private landowners from clearing bmsh,
including cedar, from their lands unless they comply with the confiscatory requirements of the Plan,
which constitutes a taking without just compensation;
WHEREAS, the inability to clear bmsh will result in the further propagation and spmsding of cedar and other
undesirable "invader" species throughout Central and West Texas, whtch in rum will result in the
further depletion of the soil, causing erosion and pollution of streams and rivers, and the crowding
out of other plant species, e.g., shin oak, that are equally necessary components of habitat for some
of the species the ESA is intended to protect;
WHEREAS, the clearing of cedar and other undesirable and historically proven °invader" species of bmsh is a
scientifically accepted range and water management prnctice which facilitates reclamation of habitat
for native wildlife, the improvement of range and grazing lands for domesticated animals, and the
enhancement or even the revival of the flow of natural springs, creeks and streams throughout
Central and West Texas; and
WHEREAS, implementation and enforcement of the Plan would therefom cause further degradation of historical
and naturally accuning rangelands and other habitats and severe economic loss to private
landowners, would be contrary to the economic and other best interests of affected citizens, and
would constitute the taking of private lands without just compensation, increase the loss of flow of
natural springs, creeks and streams (potentially threatening other ESA listed plants and animals),
and would in many ways be counterproductive to the very purposes of the Endangered Species Act
as well as being contrary to long established principles o(pnvate ownership of property;
THEREFORE, Be It Resolved, that the Commissioners' CouR of Edwards Counl, Texas, heroby evidence the
court's opposition to the Centrsl Texas Rare Species Conservation Plan, and urge its rejection by
the F&WS and its abandonment by TP&W, and encourage all elected and appointed governmental
ofTicials at all levels to defeat its passage and implementation.
Voting for.
Voting against:
Abstaining:
Signed this ~>r I ~ ,1998.
ATrssT: ~P~n~.~, ~a-/Jo~o„
Edwards ounty Clerk
Absent: 12o~f-I" ~2f'~2
r
County Judge of Edwards County, Texas
vol. 12 PAGE 525
EDWARDS COUNTY COMMISSIONER'S COURT
Resolution Opposing The Central Texas Rare Species Conservation Plan
On this the 9th day of April, 1998, A.D., in the City of
Texas, in the Regular Meeting of the Commissioner's
JKlrnes F.. ~~r~P,v~oa i Tyr . and seconded by
following Resolution be adopted, to-wit:
County of Edwazds and State of
of said county, it was moved by
that the
WHEREAS, the Texas Parks and Wildlife Department ("TP&W") is' proposing a habitat conservation plan for
two species of birds, the "golden-cheeked warbler" and the "black-capped vireo", called the Central
Texas Rare Species Conservation Plan (the "Plan");
WHEREAS, if the Plan is submitted to the U.S. Fish and Wildlife Service ("F&WS"), it will probably be
approved under the U.S. Endangered Species Act ("ESA"), which will result in extensive federal
land use regulation covering Central and West Texas, possibly including all or major portions of
Edwazds County;
WHEREAS, the Plan could cover millions of acres of privately owned land in Central and West Texas, affecting
tens of thousands of landowners, and could require private landowners to possibly abandon the
highest and best use of portions of their land, pay fees for making historical use of their land, or
suffer other financial detriment;
WHEREAS, the Plan is designed to cover not only "critical" habitat but also "suitable" habitat, which is defined
as habitat that harbors or could support listed species, the Plan may therefore cover lands the
protected species are not necessarily found to inhabit;
WHEREAS, the restrictions imposed under the Plan may prevent private landowners from clearing brush,
including cedar, from their lands unless they comply with the confiscatory requirements of the Plan,
which constitutes a taking without just compensation;
WHEREAS, the inability to clear hr~sh will result ir. the further p:ropagatior. and spreading of cedar and other
undesirable "invader" species throughout Central and West Texas, which in turn will result in the
further depletion of the soil, causing erosion and pollution of streams and rivers, and the crowding
out of other plant species, e.g., shin oak, that aze equally necessary components of habitat for some
of the species the ESA is intended to protect;
WHEREAS, the clearing of cedaz and other undesirable and historically proven "invader" species of brush is a
scientifically accepted range and water management practice which facilitates reclamation of habitat
for native wildlife, the improvement of range and grazing lands for domesticated animals, and the
enhancement or even the revival of the flow of natural springs, creeks and streams throughout
Central and West Texas; and
WHEREAS, implementation and enforcement of the Plan would therefore cause. further degradation of historical
and naturally occurring rangelands and other habitats and severe economic loss to private
landowners, would be contrary to the economic and other best interests of affected citizens, and
would constitute the taking of private lands without just compensation, increase the loss of flow of
natural springs, creeks and streams (potentially threatening other ESA listed plants and animals),
and would in many ways be counterproductive to the very purposes of the Endangered Species Act
as well as being contrary to long established principles of private ownership of property;
THEREFORE, Be It Resolved, that the Commissioners' Court of Edwazds County, Texas, hereby evidence the
court's opposition to the Central Texas Rare Species Conservation Plan, and urge its rejection by
the F&WS and its abandonment by TP&W, and encourage all elected and appointed governmental
officials at all levels to defeat its passage and implementation.
Voting for:
Voting against:
Abstaining:
Signed this /~/'/ ~ ~, 1998.
ATTEST: ~~//~ l~ Ul-`~p~~/A
Edwazds o~ty Cler
Absent: ~0~~ ~e?Y'BZ
~~
County Judge of Edwards County, Texas
VGI. ~_2 PAGE 525
RESOLUTION OPPOSING THE CENTRAL TEXAS RARE SPECIES CONSERVATION PLAN
On this the 11`h day of May, 1998 AD., in the City of Kerrville, County of Kerr and State of Texas, in the Regular
Meeting of the Commissioners' Court of said County, it was moved by Judge Denson and seconded by
~rmn; aa; nnar r,~yo~~ that the following Resolution be adopted, to-wit
WHEREAS, the Texas Parks and Wildlife Department ("TP&W') is proposing a habitat conservation plan for two
species of birds, the "golden-cheeked warbler" and the "black-capped vireo", called the Central Texas Rare
Species Conservation Plan (the "Plan");
WHEREAS, it the Plan is submitted to the U.S. Fish and Wildlife Service ("F&WS"), it will probably be approved under
the U.S. Endangered Species Ad ("ESA"), which will result in extensive federal land use regulation
covering Central and West Texas, possibly including all of major portions of Kerr County;
WHEREAS, the Plan could cover millions of acres of privately owned land in Central and Wes[ Texas, affecting tens of
thousands of landowners, and could require private landowners to possibly abandon the highest and best use
of portions of their land, pay fees for making historical use of their land, or suffer other financial detriment;
WHEREAS, the Plan is designed to cover not only "critical" habitat but also "suitable" habitat, which is defined as
habitat that harbors or could support listed species, the Plan may therefore cover lands the protected species
are not necessarily found to inhabit;
WHEREAS, the restrictions imposed under the Plan may prevent private landowners from clearing brush, including
cedar, from their Lmds unless they comply with the confiscatory requirements of the PLu~, which constitutes
a taking without just compensation;
WHEREAS, the inability to clear brush will result in the further propagation and spreading of cedar and other
andesimble "invader" species throughout Central and West Texas, which in turn will result in the further
depletion of the soil, causing erosion and pollution of streams and rivers, and the crowding out of older
plant species, e.g., shin oak, that are equally necessary components of habitat for some of the species the
ESA is intended to protect;
WHEREAS, the clearing of cedar and other undesirable and historically proven "invader" species of brush is a
scientifically accepted range and water management practice which facilitates reclamation of habitat for
native wildlife, the improvements of range and grazing lands for domesticated animals, and the
enhancement or even the revival of the flow of natural springs, creeks and streams throughout Central and
West Texas; and
WHEREAS, implementation and enforcement of the Plan would therefore cause further degradation of historical and
naturally occurring rangelands and other habitats and severe economic loss to private landowners, would be
contrary to the economic and other best interests of affected citizens, and would constitute the taking of
private lands without just compensation, increase the loss of flow of natural springs, creeks and streams
(potentially threatening other ESA listed plants and animals), and would in many ways be
counterproductive to the very purposes of the Endangered Species Act as well as being contrary to long
established principles of private ownership of property;
THEREFORE, BE IT RESOLVED, that the Commissioners' Court of Kerr County, Texas hereby evidence the Court's
opposition to the Central Texas Rare Species Conservation Plan, and urge its rejection by the F&WS and its
abandonment by TP&W, and encourage all elected and appointed governmental officials at all levels to
defeat its passage and implementation.
c
VOTING FOR: W - Not Present
H.A. "Buster" Bal 'n Jonathan Letz
Commissioner Pd. #1 Commissioner Pct. #3
.y~
T.H. "Butc "Lackey
Commissioner Pct. #2
Bruce Oehler
Commissioner Pct. #4
Signed this 11th day of May, 1998
~~ ~ ~ ~~~
Billie Meeker
Kett County Clerk
2.
Robert A Denson
Kerr County Judge