HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

 

 

February 12, 2001                                                                                                   Hearing Room E

1:00 P.M.                                                                                                                     Tapes  31 - 33

 

MEMBERS PRESENT:         Rep. Bob Jenson, Chair

Rep. Jan Lee, Vice-Chair

Rep. Tim Knopp

Rep. Jeff Kruse

Rep. Patti Smith

Rep. Al King

Rep. Carolyn Tomei

Rep. Kelley Wirth

 

MEMBER EXCUSED:          Rep. Randy Leonard Vice-Chair

 

STAFF PRESENT:                 Sandy Thiele-Cirka, Committee Administrator

Linda K. Gatto, Committee Assistant

 

 

MEASURES/ISSUES HEARD:        

                                                Work Session

                                                   Introduction of Committee Bills

                                                Public Hearing

                                                   HB 2150

                                                   HB 2605

                                                   HB 2675

                                                Public Hearing and Work Session

                                                   HB 2455

                                                Informational Meeting

                                                   Diamond Lake Fisheries Overview

 

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 31, A

009

Chair Jenson

Calls the meeting to order at 1:11 p.m. as a subcommittee and opens a work session for the introduction of committee bills.

INTRODUCTION OF COMMITTEE BILLS

015

Rep. Lee

MOTION:  Moves LC 1679 draft dated 02/05/01 BE INTRODUCED as a committee bill (EXHIBIT A).

017

Chair Jenson

Hearing no objection the motion CARRIES.

018

Chair Jenson

Closes introduction of committee bills and opens the public hearing on   HB 2150.

HB 2150 – PUBLIC HEARING 

035

Sandy Thiele-Cirka

Administrator.  Summarizes HB 2150.

041

Chair Jenson

Closes full committee and opens sub-committee.

042

Stephanie Hallack

Director, Department of Environmental Quality (DEQ).  States support for HB 2150.

057

Vice Chair Lee

Closes sub-committee and opens full committee.

059

Paul Slyman

Administrator of DEQ Cleanup Division. Reads prepared testimony (EXHIBIT B).

111

Rob Douglas

Representing Maritime Fire & Safety Association (MFSA), Columbia River Steamship Operators Association (CRSOA). Submits   (EXHIBIT C). Testifies in support.

124

Liz Wainwright

Executive Director, MFSA. Offers an overview on the history of the MFSA.

198

Rep. Lee

Questions the projected future revenue.

200

Wainwright

Responds $150,000 a year.

209

Jim Tomely

Executive Director, CRSOA.  Testifies that the oil ships pay the fees.

244

Kathryn VanNatta

Governmental Affairs Manager, Northwest Pulp and Paper Association. States there is a concern about the scope and nature of the proposed task force.

274

Rep. Lee

Questions if the association is interested in being represented in a work group.

276

VanNatta

Responds they would like to work with the department.

286

Vice Chair Lee

Closes the public hearing on HB 2150 and opens the public hearing on  HB 2605.

HB 2605 PUBLIC HEARING

296

Sandy Thiele-Cirka

Administrator. Summarizes HB 2605.

306

Roy Elicker

Legislative Coordinator Oregon Department of Fish & Wildlife (ODFW). Reads prepared testimony, (EXHIBIT D).

369

Rep. Kruse

Comments in support of the bill stating the Endangered Species Act (ESA) is duplicative of the federal ESA.

388

Bruce Taylor

Representing Defenders of Wildlife. Testifies that if adding a species to the state ESA is difficult, it may encourage a listing request to the federal ESA.

TAPE 32, A

023

Rep. Tomei

Questions how often a species is declared endangered by the state before being listed by the federal ESA.

025

Martin Nugent

Wildlife Diversity Program Leader and Supervisor responsible for the state ESA within ODFW. Responds the petition processes are independent.

030

Rep. Tomei

Questions if there is an advantage in the state process over the federal process.

045

Nugent

Responds the federal act is more complicated, federally managed, and the fines are significant.

057

Rep. Lee

Question if the state process is faster.

065

Nugent

Responds it is relatively quick.

073

Rep. Kruse

Questions if a state listing prevented a federal listing.

078

Nugent

Responds the federal government at this time has not listed the Washington Ground Squirrel.

087

Chair Jenson

Comments on the Washington Ground Squirrel.

107

Jim Myron

Representing Oregon Trout. Submits (EXHIBIT E). States the terms adversely affected or aggrieved are not defined. Describes the scenario of Oregon Trout petitioning the state ESA and the resulting consideration by the federal government.

132

Rep. Kruse

Clarifies that without the state listing the federal ESA would not have considered listing the lower Columbia Coho.

143

Myron

Summarizes opposition to the bill.

155

Doug Myers

Representing WaterWatch. Testifies in support and illustrates how the state ESA listing of the Washington Ground Squirrel opened communications.

191

Rep. Tomei

Questions how the state ESA helped to develop communication.

195

Myers

Responds that the listing clarified for the developers that agreements are necessary.

210

Rep. Wirth

Requests an example of how a person or group proves being adversely affected or aggrieved.

212

Myers

Responds that Karen Russell could provide more information.

248

Glen Stonebrink

Representing Oregon Cattlemen’s Association.  Testifies in support of the bill and notes the bill would require the petitioners to substantiate petitions.

301

Rep. Wirth

Inquires if the current requirements are inefficient.

303

Stonebrink

Responds the federal listing is more difficult.

345

Rep. Smith

Asks for clarification on restrictions that develop by a listing.

347

Stonebrink

Notes that many listings are in rural areas where food is produced and the restrictions fall onto the producers.

352

Pete Test

Associate Director of Governmental Affairs for the Oregon Farm Bureau. Testifies in support of the bill noting that this change will require the petitioners to show adverse affects in the beginning of the process.

381

Rep. Wirth

Questions how a private entity shows being adversely affected or aggrieved.

391

Test

Answers that any reason can be used.

412

Rep. Wirth

Questions what is the impact to plants.

418

Test

Responds that endangered plants fall under the Oregon Department of Agriculture (ODA).

TAPE 31, B

019

Chair Jenson

Requests additional information on the specific differences between the state ESA and the federal ESA.

020

Elicker

Responds the information will be provided.

024

Chair Jenson

Closes the public hearing on HB 2605 and opens the public hearing on HB 2455.

PUBLIC HEARING - HB 2455

039

Thiele-Cirka

Summarizes HB 2455.

044

Terry Thompson

Former State Representative. Provides background of fleet development. Explains how this bill will change current law regarding the permit lottery.

069

Kay Brown

ODFW Submits (EXHIBIT F) in support of HB 2455.

094

Onno Husing

Oregon Coastal Zone Management Association, (OCZMA). Testifies in support of HB 2455 noting that there are too many vessels to create a soft landing for the industry.

153

Rep. Tomei

Clarifies that this means there will be fewer boats.

156

Husing

Explains that fishermen may hold a number of limited entry permits. Describes the process as a collateral benefit to the groundfish fisheries which allows the fishermen to offer the entire package and leave the industry with a return on their investment.

176

Thompson

Comments on buy back programs.

202

Chair Jenson

Closes the public hearing and opens the work session on HB 2455.

WORK SESSION – HB 2455

205

Rep. King

MOTION: Moves HB 2455 to the floor with a DO PASS recommendation.

215

Rep. Tomei

States potential conflict of interest.

217

 

VOTE:  7-0

AYE:               7 - King, Kruse, Lee, Smith P, Tomei, Wirth, Jenson

EXCUSED:     2 - Knopp, Leonard

 

218

Chair Jenson

The motion CARRIES.

 

REP. WIRTH will lead discussion on the floor.

INFORMATIONAL MEETING

220

Steve Koch

President & General Manager of Diamond Lake Resort. Describes how the Tui Chub, since 1992, have impacted the habitat of Diamond Lake.

305

Chair Jenson

Questions if the planting of trout in the past biennium has had an effect on the chub.

310

Koch

Responds no.

315

Chair Jenson

Questions what needs to be done.

317

Koch

Responds that rotenone worked for 40-years.

321

Rep. Kruse

Requests an update on the mechanical means used in Diamond Lake.

324

Dave Loomis

District Fisheries Biologist for the Umpqua Basin, ODFW. Responds that nets can be beneficial.

377

Rep. Kruse

Notes that the nets can get the big chubs and inquires about smaller screens.

412

Loomis

Responds there are an estimated 30 million chubs ranging up to ten inches, 90 percent are less than two inches living in weed beds.

415

Rep. King

Clarifies that this is an introduced species that is eliminating bio-diversity in the food chain.

TAPE 32, B

008

Koch

Responds affirmatively.

019

Rep. King

Notes concern about the loss of an affordable recreation opportunity for generations of families.

030

Koch

Comments in agreement.

040

Rep. Lee

Questions if the use of the chemical will result in the fish being endangered.

046

Loomis

Responds the chubb are not native to Diamond Lake.

056

Rep. Kruse

Questions what species are native to Diamond Lake.

059

Loomis

Responds that when the lake was discovered in the late 1800’s it was fishless.

092

Chair Jenson

Closes information meeting and opens the public hearing on HB 2675.

PUBLIC HEARING - HB 2675

095

Thiele-Cirka

Summarizes HB 2675

118

Elicker

Testifies in opposition to HB 2675 and reads prepared testimony (EXHIBIT G).

154

Dave McAllister

Habitat Division Director, ODFW. States that ODFW has provided technical support to Oregon Water Resources Department (WRD).

168

Chair Jenson

Questions if WRD could have done this if habitat personnel were available.

170

McAllister

Responds this is a coordinated effort using the ODFW biologists. 

207

Chair Jenson

Suggests that if other state agencies had habitat personnel the same goal could be accomplished.

212

Rep. Smith

Refers to the transfer of funds to other state agencies and questions what is legally possible.

225

Elicker

Responds that some funds are from the Fish and Wildlife Service designed to be utilized by other fish and wildlife agencies.

238

Rep. Wirth

Inquires about the history of the division.

240

McAllister

Responds that over time the habitat programs evolved into one area.

254

Rep. Lee

Questions the standards in other western states.

259

Elicker

Responds that the state of Washington has a much larger division. 

275

Loomis

Notes that California, Montana, and Nevada come to mind.

288

Bruce Taylor

Representing Defenders of Wildlife. Concurs with previous testimony.  States concern about the long-term effectiveness of ODFW if the habitat division is dismantled.

326

Chair Jenson

Comments that habitat is critical to the restoration of species.  Notes the concern is if there is a more effective way preserve the habitat.

375

Myron

Submits prepared testimony (EXHIBIT H) and comments on alternatives.

TAPE 33, A

001

Myers

Testifies in opposition to the proposal as written and provides alternatives.

039

Phil Donovan

Representing the Sportfishing Industry. Testifies that one concern is removing the habitat division from ODFW may hinder consistent decisions from state biologists.

063

Rep. Kruse

Comments on the cross jurisdictions of habitat.

105

Kelly Peterson

Representing the Humane Society of the United States. Testifies in opposition of HB 2675 noting that ODFW is charged with managing all wildlife not just game species.

129

Bob Rindy

Representing the Department of Land Conservation and Development (DLCD). Summarizes prepared testimony, (EXHIBIT I). Notes how the habitat division interacts with other agencies and expresses concern of how the services would be replaced.

226

Chair Jenson

Closes the public hearing on HB 2675, and adjourns the meeting at 3:15 p.m.

Written testimony submitted by Charlie Stone, (EXHIBIT J).

 

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

EXHIBIT SUMMARY

 

A. LC 1679 draft dated 02/05/01, staff, 2 pp.

B. HB 2150, prepared testimony, Paul Slyman, 2 pp.

C. HB 2150, conceptual amendments, Rob Douglas, 2 pp.

D. HB 2605, prepared testimony, Roy Elicker, 1 p

E. HB 2605, prepared testimony, Jim Myron, 1 p

F. HB 2455, prepared testimony, Kay Brown, 1 p

G. HB 2675, prepared testimony, Roy Elicker, 2 pp.

H. HB 2675, prepared testimony, Jim Myron, 1 p

I.  HB 2675, prepared testimony, Bob Rindy, 1 p

J. HB 2675, prepared testimony, Charlie Stone, 2 pp.