HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

 

 

March 05, 2001                                                                                                       Hearing Room E

1:00 P.M.                                                                                                                      Tapes 50 - 51

 

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

 

STAFF PRESENT:                 Sandy Thiele-Cirka, Committee Administrator

Linda K. Gatto, Committee Assistant

 

MEASURES/ISSUES HEARD:        

                                                Informational Meeting

                                                   The Impact of the 4(d) Rules on Oregon Land Use

Public Hearing and Work Session

 HB 2224

                                                 HB 2862

                                                Work Session

                                                 HB 2163

 

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 50, A

004

Vice-Chair Lee

Calls the meeting to order at 1:01 p.m. as a subcommittee and opens the informational meeting.

INFORMATIONAL MEETING

008

Harland Levy

Government Affairs, Oregon Association of Realtors. Submits (EXHIBIT A) and reviews the outline.

100

Levy

Continues testimony, refers to page five, article regarding the Clackamas County bridge project.

110

Chair Jenson

Questions the bridge construction time line.

115

Levy

States it was approximately eight to ten months.

125

Chair Jenson

Comments that there is confusion about the authorizations that were issued and the outcomes.

132

Levy

Clarifies that National Marine Fisheries Service (NMFS) gave approval for one type of construction and the county engaged in another.

167

Levy

Continues testimony, explains section seven and nine.

201

Levy

Continues explanation of section 11.

286

Levy

Notes the territory included in the 4(d) rule.

331

Levy

Provides clarification and explanation regarding Evolutionary Significant Units (ESU).

403

Levy

Discusses take and refers to page eight of the citizen’s guide.

TAPE 51, A

008

Levy

Continues presentation, refers to page 14 of the citizen’s guide.

072

Levy

Continues overview of the citizen’s guide.

121

Levy

Addresses local government liabilities.

154

Rep. Leonard

Comments that unregulated activities have resulted in superfund sites.

211

Rep. Smith

Questions if under the 4(d) rules a county is liable for developing bicycle paths next to riparian zones.

217

Levy

Answers affirmatively.

223

Rep. Smith

Notes an example of a bicycle path that was built within the designated stream buffer zone.

231

Rep. Lee

Notes that if a stream contains endangered species, constructing a bicycle path is illegal.

240

Levy

Explains the permit process and the impact on developers.

257

Rep. Lee

Questions if counties and other local governments provide notice when issuing permits to limit liabilities.

262

Levy

Responds that he does not have that information.

291

Chair Jenson

Convenes as a full committee and opens the public hearing on           HB 2224.

HB 2224 – PUBLIC HEARING

302

Sandy Thiele-Cirka

Administrator. Summarizes HB 2224.

310

Roy Elicker

Legislative Coordinator, Oregon Department of Fish & Wildlife (ODFW). Reads prepared testimony in support of HB 2224,  (EXHIBIT B).

324

Chair Jenson

Questions when the law was enacted.

329

Elicker

Responds 1973.

351

Rep. Lee

Questions how many preserves would be developed.

358

Elicker

Responds that currently there are 59 shooting preserves registered in western Oregon but he does not know how many could be added.

378

Chair Jenson

Expresses concern that land may be purchased in eastern Oregon for a game preserve which would take that land out of production.

396

Elicker

Notes that hunting issues have been a concern but he is not aware of agricultural conflicts.

412

Chair Jenson

Notes there seems to be an increase in acreage owned by individuals for private hunting preserves.

465

Chair Jenson

Closes the public hearing on HB 2224 and opens the work session on HB 2224.

TAPE 50,  B

HB 2224 – WORK SESSION

037

Rep. Kruse

MOTION:  Moves HB 2224 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-2

 

 

AYE:            In a roll call vote, all members present vote Aye.

 

 

EXCUSED:  2 - Knopp, Tomei

048

Chair Jenson

The motion CARRIES.

 

REP. MORGAN will lead discussion on the floor.

074

Chair Jenson

Closes the work session on HB 2224 and opens the public hearing on HB 2862.

HB 2862 – PUBLIC HEARING

077

Thiele-Cirka

Summarizes HB 2862.

085

Terry Thompson

Representing the Fisherman’s Market Association and testifies in support of HB 2862.

106

Chair Jenson

Questions how long the buy back program has been discussed.

108

Thompson

Answers that the concept began four years ago as caps on the ground fish started to reduce. Explains the funding.

121

Chair Jenson

Questions if there are other bills that prevent new permits being issued to license new boats.

124

Thompson

Answers affirmatively. Explains that the bill would reduce the number of boats and the permit lottery would not rebuild the fleet numbers.

140

Chair Jenson

Notes that the sponsors of the bill represent the Oregon coast.

147

Thompson

States this bill will affect all commercial fisheries on the coast and notes that that similar bills are proposed in Washington and California.

154

Chair Jenson

Questions the status of those bills.

155

Thompson

Responds that the bills have not moved as far as HB 2862 in Oregon. Comments that Washington’s bill is still in draft form and he is unsure of what progress California has made.

157

Chair Jenson

Questions the consequences if Oregon passes HB 2862 and the other states do not pass similar bills.

158

Thompson

Responds that ideally all the money would flow into Oregon.

162

Chair Jenson

Questions if Oregon would be negatively impacted if the other states did not pass similar legislation.

156

Thompson

Notes that the bulk of the ground fish fishery is in Oregon.

165

Elicker

Legislative Coordinator, ODFW. Testifies in support of HB 2862.

192

Chair Jenson

Closes the public hearing on HB 2862 and opens the work session on HB 2862.

HB 2862 – WORK SESSION

194

Rep. Kruse

MOTION:  Moves HB 2862 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means.

 

 

VOTE:  7-0-2

 

 

AYE:            In a roll call vote, all members present vote Aye.

 

 

EXCUSED:  2 - Knopp, Tomei

206

Chair Jenson

The motion CARRIES.

209

Chair Jenson

Closes the work session on HB 2862 and opens the work session on HB 2163.

HB 2163 – WORK SESSION

211

Thiele-Cirka

Summarizes HB 2163 and the –1 amendments dated 2/16/01 (EXHIBIT C).

245

Rep. Kruse

MOTION:  Moves to ADOPT HB 2163-1 amendments dated 2/16/01.

 

 

VOTE:  7-0-2

 

 

AYE:            In a roll call vote, all members present vote Aye.

 

 

EXCUSED:  2 - Knopp, Leonard

263

Chair Jenson

The motion CARRIES.

 

265

Rep. Kruse

MOTION:  Moves HB 2163 to the floor with a DO PASS AS AMENDED recommendation.

270

Rep. Tomei

Asks if an analysis has been completed. Refers to (EXHIBIT D) submitted by Mary Scurlock.

285

Ray Wilkeson

Oregon Forest Industries Council. States that HB 2163 is a recommendation from the Forest Practices Advisory Committee. Clarifies and explains the purpose of the advisory committee.

308

Rep. Lee

Questions if the governor’s office was aware of the outcome of the committee.

307

Wilkeson

Responds affirmatively. Notes that the governor participated in the committee process.

320

Chair Jenson

References Mr. Wilkeson’s previous testimony that HB 2163 was an illustration of the Oregon Plan at work. Asks for elaboration.

325

Wilkeson

Describes the relationship between HB 2163 and the Oregon Plan.

340

Chair Jenson

Explains that Rep. Morgan had concerns about HB 2163 and small woodland owners. States that she contacted the landowners and they found the legislation acceptable.

 

 

VOTE:  7-0-2

 

 

AYE:            In a roll call vote, all members present vote Aye.

 

 

EXCUSED:  2 - Knopp, Leonard

364

Chair Jenson

The motion CARRIES.

 

REP. KING will lead discussion on the floor.

376

Chair Jenson

Closes work session on HB 2163 and adjourns the meeting at 2:45 p.m.

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka

Committee Assistant                                                                 Committee Administrator

 

 

Transcribed By,

 

 

 

 

Michael Reiley,

Committee Assistant

 

 

EXHIBIT SUMMARY

 

A – Overview of the Endangered Species Act and Citizen’s Guide, Harlan E. Levy, 38 pp.

B – HB 2224, written testimony, Roy Elicker, 1 p.

C – HB 2163, -1 amendments, staff, 3 pp.

D – HB 2163, written information, Mary Scurlock, 2 pp.