HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

 

 

March 07, 2001                                                                                                       Hearing Room E

1:00 P.M.                                                                                                                     Tapes  52 - 54

 

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 HEARD:          

                                                HB 3038 – Public Hearing

                                                HB 2150 – Work Session

                                                HB 2683 – Public Hearing & Work Session

                                                HB 3002 – Public Hearing

                                                HB 3001 – Public Hearing

                       

           

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 52, A

006

Chair Jenson

Calls the meeting to order at 1:20 p.m. as a subcommittee and opens public hearing on HB 3038.

PUBLIC HEARING – HB 3038

012

Rep. Wayne Krieger

House District 48.  States that the Oregon Department of Fish & Wildlife (ODFW) is currently developing a new wild fish policy. Comments that HB 3038 will help implement this policy and the conservation hatchery program.

036

Rep. Smith

Questions what statutes would be amended. 

050

Bill Moshofsky

Representing Save the Salmon Coalition. Submits (EXHIBIT A) and states that current fish policy focuses on watersheds, ignores predation, and is biased toward hatchery fish.

096

Russ Walker

Representing Citizens for a Sound Economy. Comments and discusses that the current wild fish policy is confusing.

116

Glen Stonebrink

Representing Oregon Cattlemen’s Association. Comments on the efforts and expense to recover salmon. Offers conceptual amendment.

154

Jim Lannan

Retired Fisheries Professor, Oregon State University (OSU). Offers observations and the following suggestions:

·         HB 3001, recommends that native be clarified as fish that are naturally or artificially propagated;

·         HB 3002 notes the language is arbitrary.

·         HB 3038, states that the bill is amending Chapter 496 which is the wildlife code, however, in Chapter 506 the commercial fisheries code, the commission is already assigned the duty to propagate fish.

219

Rep. Leonard

Express concern that HB 3038 does not recognize how hatchery practices impact fish survivability in the wild.

232

Lannan

Replies that the differences in the offspring are a result of hatchery practices that are correctable by improving hatchery methodology.

 

Chair Jenson

Closes the public hearing on HB 3038 and opens the work session on HB 2150.

HB 2150 – WORK SESSION

274

Sandy Thiele-Cirka

Administrator. Summarizes the –2 amendments (EXHBIT B).

287

Paul Slyman

Administrator, Department of Environmental Quality (DEQ) Clean Up Program. Reviews and outlines five changes contained in the –2 amendments.

327

Rob Douglas

Representing the Columbia River Steamship Operators Association (CRSO) and Maritime Fire and Safety Association (MFSA). Testifies in support of the –2 amendments.

339

Liz Wainwright

Executive Director, MFSA. Testifies in support of the –2 amendments.

 

 

 

400

Rep. Leonard

MOTION: Moves the –2 amendments dated 3/7/01 BE ADOPTED.

403

Chair Jenson

Hearing no objections the motion CARRIES.

404

Rep. Leonard

MOTION: Moves HB 2150 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.

405

 

VOTE: 7-0-2

AYE: 7 – Wirth, Knopp, Kruse, Smith P., Tomei, Leonard, Jenson

NAY: 0

EXCUSED: 2 – King, Lee

405

Chair Jenson

The motion CARRIES.

419

Chair Jenson

Closes the work session on HB 2150 and opens the public hearing on HB 2683.

HB 2683 – PUBLIC HEARING

TAPE 53, A

005

Thiele-Cirka

Summarizes HB 2683.

019

Doris Penwell

Executive Assistant, Economic and Community Development Department. Submits fact sheet and testifies in support of HB 2683, (EXHIBIT C).

045

Rep. Leonard

Questions the relationship between lottery bonds and the Columbia River channel-deepening project.

049

Penwell

Responds that the estuary restoration is important if a channel -deepening project should develop.

062

Rep. Leonard

Questions if the lottery bonds will be paid for by lottery proceeds. Conveys concerns about lottery proceeds being used for this purpose.

072

Penwell

Responds that those concerns have been discussed. Comments the bill was drafted at the request of the governor’s office.

075

Rep. Leonard

Stresses that the Port of Portland should be responsible this project.

100

Chair Jenson

Closes the public hearing on HB 2683 and opens the work session on HB 2683.

HB 2683 – WORK SESSION

135

Rep. Kruse

States he will be a no vote and comments that the Port of Portland is well funded and is a direct benefactor of this study.

160

Rep. Wirth

Questions the scope of the bill.

165

Brendan McCarthy

Deputy Legislative Counsel. Responds that the bonding amounts and purposes are open. Refers to subsections three and four.

187

Rep. Wirth

Questions if this bill has the potential to fund more than the feasibility study.

191

McCarthy

Responds no; the broader scope is bound by language in 1(c).

195

Rep. Lee

Discussion between Rep. Lee and Rep. Leonard.

241

Penwell

Comments that the entire Columbia system will benefit. Notes that the funding source be considered by the committee on Ways and Means.

275

Rep. Kruse

Questions why there is no application for OWEB funds since this is an estuary and salmon recovery project.

281

Penwell

Responds the department is seen as a major user of the lottery backed bonds.

289

Rep. Kruse

Questions how the bonds are to be paid back.

295

Penwell

Answers it would be a grant rather than a loan.

358

Rep. Wirth

Inquires if the study is not funded by lottery backed bonds will the study proceed.

361

Rep. Smith

Inquires if the Port of Portland has been asked to pay for it.

378

McCarthy

Clarifies he would be more comfortable if section three and four specified where the money is going.

TAPE 52, B

005

 

Members comment on the impact to the ports on the Columbia River.

019

Chair Jenson

Announces that HB 2683 will be held over for amendments.

025

Rep. Leonard

Explains the channel-deepening project.

041

Rep. Kruse

States concern about lottery bonds being the funding sources.

052

Rep. Tomei

Refers to section 1(c) and states support if the study is directed to salmon recovery. Notes that the deepening project requires different discussions.

067

Chair Jenson

Clarifies that the deepening project requires this study.

074

Penwell

Adds that the feasibility study is to determine the need for the estuary.

089

Karen Tarnow

Department of Environmental Quality. Reads an excerpt from the federal bill that appropriated funds to the Army Corps of Engineers for restoration programs.

115

Rep. Kruse

Questions if the project classifies for Measure 66 dollars.

116

Tarnow

Responds that she is not prepared to answer the question.

118

Chair Jenson

Closes the work session on HB 2683 and opens the public hearing on HB 3038.

HB 3038 – PUBLIC HEARING

124

Roy Elicker

Legislative Coordinator for Oregon Department of Fish & Wildlife (ODFW). Reads prepared testimony, (EXHIBIT D). States that both hatchery and wild fish are native if indigenous to Oregon, making the proposed language redundant.

198

Jim Myron

Representing Oregon Trout. Refers to page one, line 29, regarding the definition of native fish.

224

Rep. Tomei

Clarifies that indigenous fish include fish raised in a hatchery from native stock.

234

Rep. Smith

Questions if this means native fish are being clubbed.

235

Myron

Responds affirmatively.

242

Rep. Tomei

Questions the difference between a native and wild fish.

246

Myron

Responds that according to current administrative rule, a wild fish is a naturally spawning fish from a species indigenous to Oregon.

272

Jim Welsh

Representing Oregon Family Farm Association. Testifies in support of  HB 3038. States that the fish are genetically the same and should be counted in the total of returning fish.

311

Rep. Tomei

Questions what will be different if the bill passes.

318

Welsh

Responds an improved hatchery process.

400

Chair Jenson

Provides personal testimony.

TAPE 53, B

006

John Platt

Special Assistant to the Executive Director of the Columbia River Intertribal Fish Commission (CRIFC). States that changing management practices would lessen the difference in habitat environments. Notes that the tribes are interested in artificial propagation as a tool to restore fish to meet Treaty rights.

038

Chris Beasley

Conservation Scientist CRITFC. Comments from a biologist point of view, highlights concerns:

·         Proposes using the term taxonomic species in the definition language:

·         Proposes including re-introduced fish in the language:

·         Proposes widening the language to include other fish.

094

Beasley

Comments on the definition of fish in section 7, 11, and 14 in HB 3001.

128

Rep. Tomei

Notes that the language naturally propagated does not specify from a native species.

137

Rep. Leonard

Articulates that the language native fish is not listed in the statutes.

190

Beasley

Explains the HB 3038 is allowing for utilization of artificial propagation.

205

Platt

Discusses legislation in the state of Washington that would require the federal government to justify any order that modifies a hatchery.

240

Stephen Kafoury

Representing the American Fisheries Society. States that the science community is developing definitions. Comments that HB 3003 does not accomplish the intent of the drafters.

250

Chair Jenson

Closes the public hearing on HB 3038 and opens the public hearing on HB 3002.

HB 3002 – PUBLIC HEARING

253

Terry Thompson

Former State Representative. Comments on concerns regarding the definition of recovery.

259

Geoff Huntington

Executive Director, Oregon Watershed Enhancement Board (OWEB). Submits and reviews concerns with defining recovery (EXHIBIT D).

264

Rep. Wirth

States that a means of monitoring and evaluation are lacking in this bill. Questions how an evaluation on habitat would be done without a monitoring mechanism.

275

Huntington

Responds there is currently a monitoring plan, which is administered by an interdisciplinary team lead by the governor’s office.

400

Rep. Kruse

Questions what discussions have taken place that determine a baseline for recovery.

TAPE 54, A

008

Huntington

Responds that the Oregon Plan monitoring team is working toward establishing benchmarks.

039

Rep. Kruse

Comments that if there are groups working to establish benchmarks, the committee needs to hear from them.

044

Huntington

Concurs that baselines and benchmarks are both science and policy.

055

Chair Jenson

Closes the public hearing on HB 3002.

HB 3001 – PUBLIC HEARING

057

Chair Jenson

Opens public hearing on HB 3001 and closes public hearing on         HB 3001. Adjourns the meeting at 3:15 p.m.

Written testimony submitted by Jim Myron, (EXHIBIT I).

Written testimony submitted by Roy Elicker, (EXHIBIT J).

 

 

 

 

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

EXHIBIT SUMMARY

 

A.  HB 3038 (HB 3001 & HB 3002), prepared testimony, Bill Moshofsky, 3 pp.

B.     HB 2150, -2 amendments dated 3/7/01, Paul Slyman, 7 pp.

C.     HB 2683, prepared testimony, Doris Penwell, 2 pp.

D.  HB 3038, prepared testimony, Roy Elicker, 1 p

E.   HB 3002, prepared testimony, Geoff Huntington, 2 pp.

F.      HB 3002, prepared testimony, Roy Elicker, 1 p

G.     HB 3003, prepared testimony, Jim Myron, 1p

H.     HB 3001, HB 3002, HB 3038, prepared testimony, Jim Lannan, 2 pp.

I.        HB 3001, written testimony, Jim Myron, 5 p

J.       HB 3001, written testimony, Roy Elicker, 2 pp.