HOUSE COMMITTEE ON STREAM RESTORATION

 & SPECIES RECOVERY

 

 

January 24, 2001                                                                                                     Hearing Room E

1:00 P.M.                                                                                                                      Tapes 16 - 17

 

 

MEMBERS PRESENT:         Rep. Bob Jenson, Chair

Rep. Jan Lee, Vice-Chair

Rep. Randy Leonard Vice-Chair

Rep. Tim Knopp

Rep. Jeff Kruse

Rep. Patti Smith

Rep. Al King

Rep. Carolyn Tomei

Rep. Kelley Wirth

 

VISITING MEMBERS:         Sen. Joan Dukes

                                                Rep. Wayne Krieger

 

STAFF PRESENT:                 Sandy Thiele-Cirka, Committee Administrator

Linda K. Gatto, Committee Assistant

 

MEASURE/ISSUES HEARD:

                                                Informational Meeting – Invited Testimony

                                                   National Marine Fisheries Service

   Army Corps of Engineers (ACOE)

Introduction of Committee Bills

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 16, A

006

Chair Jenson

Calls the meeting to order at 1:05 p.m. as a subcommittee and opens informational meeting.

INFORMATIONAL MEETING

025

Garth Griffin

Branch Chief Protected Resources Division, National Marine Fisheries Service (NMFS). Submits (EXHIBIT A) and presents overview.

026

Chair Jenson

Closes subcommittee and opens full committee.

082

Griffin

Refers to the map on page four, (EXHIBIT A). Begins an overview on the 4(d) rules.

161

Chair Jenson

Requests an explanation on the difference in the rules for tribal governments.

166

Griffin

Responds a separate rule was developed that acknowledges the unique relationship of tribal governments and the federal government.

211

Griffin

Continues overview on the 4(d) rules.  Refers to page eight,    (EXHIBIT A).

221

Rep. Kruse

Questions why state agencies can not manage these activities under the Oregon Plan.

245

Chair Jenson

Notes that the goal is for Oregon to manage.

253

Griffin

Responds the Oregon Plan procures public involvement in salmon recovery. Notes there are concerns on the level of protection.

358

Griffin

Continues with overview, refers to page 12, (EXHIBIT A).

407

Griffin

Summarizes that NMFS can contribute to setting up scientific principals and recovery goals.

TAPE 17, A

025

Rep. King

Comments that Oregon needs clarity on what the benchmarks are in order to develop a plan.

040

Griffin

Responds that identifying the biological objective will initiate recovery plans. Notes the technical recovery teams will be releasing a scientific package by fall of this year.

050

Rep. Tomei

Inquires about the makeup of the recovery teams.

052

Griffin

Responds in detail.

110

Rep. Kruse

Inquires if the compliance requirements between the Environmental Protection Act (EPA) and the Clean Water Act are different in riparian management.

120

Griffin

Defers question to Mike Tehan’s upcoming testimony.

122

Rep. Krieger

Inquires for clarification, what improvements need to be made in the Oregon Forest Practices Rules.

125

Griffin

Defers question to Tehan’s upcoming testimony.

127

Rep. Krieger

Inquires what criteria will be used to count the fish. Questions if a new type of hatchery will improve recovery.

128

Griffin

Defers hatchery portion of the question to Rob Jone’s upcoming testimony. Notes the number will relate to naturally produced salmon.

143

Rep. Leonard

Inquires why returning hatchery fish are not counted toward species recovery.

173

Griffin

Defers to Rob Jones’s upcoming testimony.

174

Rep. Lee

Refers to the 4(d) limit plan submitted by Clackamas County’s Endangered Species Act coordinating council.  Inquires if this is the first local government plan being reviewed.

191

Griffin

Responds that there are a number of local government plans in Washington and Oregon.

240

Mike Tehan

Branch Chief, Oregon’s State Branch, Habitat Conservation Division, NMFS. Submits (EXHIBIT B) and provides an overview.

343

Rep. King

Inquires if it is possible to have a successful recovery plan in the watershed even though there has not been a successful return yet.

352

Tehan

Responds affirmatively and provides an example.

397

Rep. Kruse

Questions if the definition of a properly functioning condition means the condition of the habitat before human impact.

404

Tehan

Responds that the regulations are a stopgap to protect the species until long-term recovery goals are established.

TAPE 16, B

017

Tehan

Continues presentation.

032

Tehan

Responds to Rep. Lee’s inquiry regarding Clackamas County’s 4(d) limit plan.

047

Tehan

Discusses NMFS participation in the Oregon Plan, slide 12,   (EXHIBIT B).

099

Tehan

Responds to Rep. Krieger’s request regarding the Oregon Forest Practices Act. Submits that management of landslides to protect habitat and the riparian rules under the Clean Water Act are areas that need improvement.

123

Tehan

Refers to slide 17, (EXHIBIT B) and concludes presentation.

150

Rep. Kruse

Inquires how other Evolutionary Significant Units (ESU’s) with different habitat requirements are addressed.

157

Tehan

Responds that prior to the widespread salmon listings, NMFS was engaged in recommendations for other species.  Comments the United States Fish & Wildlife Service (USFWS) has an interest in addressing those broader issues.

172

Tehan

Responds to Rep. Kruse’s concerns regarding EPA and CWA compliance requirements stating that the overlap is jurisdiction differences.

184

Rob Jones

Branch Chief, Hatchery & Inland Fisheries, Sustainable Fisheries Division NMFS. Submits  (EXHIBIT C) and states the true issue is about rivers producing fish and sustaining populations for the future.

259

Jones

Refers to page four, (EXHIBIT C).

328

Rep. Tomei

Questions how NMFS has lowered the percentage of natural fish being caught.

330

Jones

Responds that ODFW marks the hatchery fish.

343

Rep. Tomei

Clarifies that if an unmarked fish is caught it goes back into the river.

351

Jones

Discusses hatchery reform and continues testimony.

390

Jones

Concludes that technical recovery teams are in Puget Sound, the Lower Columbia, and Willamette.  Notes the first draft is expected this summer.

425

Rep. Jenson

Requests information on NMFS’s opinion of the strengths and weaknesses of the Umatilla Tribe restoration project.

TAPE 17, B

019

Rep. Krieger

Comments that ODFW is developing a wild fish policy. Questions how a fish that has adapted to an environment that no longer exists, recover.

036

Jones

Responds that the genetic and life history characteristics of fish from 100-years ago are unknown.  States the goal is to preserve the fish that display the ability to survive and produce young that survive.  

059

Chair Jenson

States his goal and objective is that the Oregon Plan be used by NMFS as a limit to give Oregon jurisdiction.

080

Lawrence Evans

Chief of the Regulatory Branch, ACOE. Describes the regulatory program’s responsibilities and limitations in issuing permits.

101

Evans

Continues testimony and reviews the four types of permit review processes that are applied to applications.

153

Chair Jenson

Discusses the procedure between ACOE and NMFS.

173

Chair Jenson

Questions the alternate procedure if the decision by NMFS is negative and the ACOE fails to issue a permit.

177

Evans

Responds there is a federal appeal process.  Notes if that appeal process is not met, the alternative is litigation.

211

Chair Jenson

Requests information on what two or three things the Oregon Plan needs to do to attain ACOE goals.  Closes informational meeting and opens a work session on LC 2840.

INTRODUCTION OF COMMITTEE BILLS

250

Rep. Knopp

MOTION: Moves LC 2840 dated 01/23/01 BE INTRODUCED as a committee bill.

256

Rep. Leonard

Explains the reasons for not supporting this draft.

266

Rep. Knopp

Comments that there needs to be discussions.

319

Chair Jenson

Notes this is a companion bill to HB 2275.  Discusses the bill intent.

345

Rep. King

States support to move forward.

355

Rep. Kruse

States support but notes reservations about funding.

386

Rep. Tomei

Notes support.

391

 

VOTE: 8 – 1

AYE: 8 – Lee, Smith, Knopp, Kruse, Tomei, Wirth, King, Jenson

NAY: - Leonard

The motion CARRIES.

400

Chair Jenson

Closes the work session and adjourns meeting at 3:00 p.m.

 

 

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

 

 

 

 

 

EXHIBIT SUMMARY

 

A – NMFS overview, written materials, Garth Griffin, 17 pp.

B – NMFS overview, written materials, Mike Tehan, 9 pp.

C – NMFS overview, written materials, Rob Jones, 6 pp.

E – LC draft 2840 dated 1/23/01, staff, 4 pp.