HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

 

 

March 14, 2001                                                                                                       Hearing Room E

1:00 P.M.                                                                                                                      Tapes 59 - 60

 

MEMBERS PRESENT:         Rep. Bob Jenson, Chair

Rep. Jan Lee, Vice-Chair

Rep. Randy Leonard Vice-Chair

Rep. Tim Knopp

Rep. Jeff Kruse

Rep. Al King

Rep. Carolyn Tomei

Rep. Kelley Wirth

 

MEMBER EXCUSED:          Rep. Patti Smith

                                               

 

STAFF PRESENT:                 Sandy Thiele-Cirka, Committee Administrator

Linda K. Gatto, Committee Assistant

 

 

MEASURES/ISSUES HEARD:

                                                PUBLIC HEARING

                                                   HB 3013

                                                   HB 3014

                                                INFORMATIONAL MEETING

                                                Oregon Department of Fish and Wildlife

                                                   Endangered Species Act (ESA)

                                                   Oregon/Federal Comparison

 

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 59, A

007

Chair Jenson

Calls the meeting to order at 1:10 p.m. and opens a public hearing on HB 3013.

PUBLIC HEARING HB 3013

017

Rep. Kruse

House District 45. Provides background stating that if hatchery practices are improved the fish population can be restored. Explains that HB 3013 is a referral to the people and HB 3014 is not.

073

Sandy Thiele-Cirka

Administrator, references the fiscal impact statement.

080

Rep. Tomei

Presents questions to Rep. Kruse from a constituent. Rep. Kruse responds.

107

Chair Jenson

Comments on the legislative role in developing public policy.

117

Rep. Wirth

Comments on Section 1, and questions if the wild fish would be fin clipped.

118

Rep. Kruse

Responds that any fish bred in a hatchery would be fin clipped. Clarifies that currently hatchery fish are not allowed to spawn.

142

Ed. Bowles

Director Fish Division, Oregon Department of Fish & Wildlife (ODFW). Reads prepared testimony (EXHIBIT A). Reviews the impact of these measures to the department’s current Wild Fish Management Policy.

200

Chair Jenson

Clarifies that the testimony is applicable to HB 3014.

229

Dale Blanchard

Citizen. Testifies in opposition to HB 3013 and 3014 (EXHIBIT B).

281

Rep. Wirth

Questions his distinction between wild and hatchery fish.

287

Blanchard

Responds that in his opinion many hatchery fish have spawned naturally it would be difficult to distinguish the difference.

299

Jim Myron

Representing Oregon Trout. Testifies in opposition to HB 3013 and 3014 (EXHIBIT C)

323

Rep. Kruse

Questions if NMFS supported a state policy would Oregon Trout be supportive.

328

Myron

Responds affirmatively.

348

Stephen Kafoury

Representing the American Fisheries Society. Notes neutrality on the bills. Comments that the bill may not represent the stated intentions of Rep. Kruse. Notes that the concept of supplementation may be premature.

378

Rep. Kruse

Comments and discusses the successes of supplementation programs.

398

Kafoury

Comments on the value of experiments. Notes the importance of scientific data. Discusses the impact of the Forest Practices Act.

430

Chair Jenson

Comments and provides an illustration.

448

Kafoury

Reiterates the concept is premature.

455

Rep. Kruse

Responds.

TAPE 60, A

023

Phil Donovan

Representing Northwest Fishing Industry. Testifies in support of broodstock programs and the importance of conversions (EXHIBIT D). Notes concerns and states opposition.

057

Rep. Kruse

Expresses position on current funding levels. Addresses the strengths of these measures.

074

Donovan

Responds in agreement.

089

John Platt

Special Assistant to the Executive Director, Columbia River Intertribal Fish Commission (EXHIBIT E). Testifies the measures are consistent with the commission’s current policy.

140

Platt

Continues presentation. Reviews pending Washington state legislation. Notes concerns with mass markings in selective fisheries.

175

Platt

Continues review of experimentation and the success of supplemented fish populations.

202

Rep. Kruse

Comments that native corn in America is extinct.

209

Platt

Responds that the tribes are interested in diverse stocks of salmon. Notes that the stocks will differ depending on the habitat.

231

Rep. Tomei

Questions if all hatchery fish are reared from wild stock.

238

Platt

Comments that all hatchery fish come from wild stock, not necessarily that river’s wild stock. Explains Snake River fall chinook. The tribes support using the nearest available stock.

272

Rep. Lee

Questions if Washington’s HB 1286 and SB 5463 have been passed and signed by the governor.

276

Platt

Responds that HB 1286 passed one chamber and SB 5463 has not had hearings.

288

Jim Welsh

Representing Oregon Family Farm Association (OFFA). Comments that the OFFA position is that hatchery fish and wild fish stock should be utilized to augment the fish runs. Notes that language in the bill is too restrictive.

322

Chair Jenson

Notes the measures are to direct discussions.

337

Glen Stonebrink

Representing the Oregon Cattlemen’s Association. Comments on the testimony from Ed Bowles. States that the testimony was unclear as to the direction of the fish policy.

364

Stonebrink

Proposes that the state should not club salmon. The fish should be available to the anglers. Discusses the recovery industry.

424

Ken Evans

Representing Fisheries Restoration & Enhancement Coalition. Discusses concerns with current hatchery practices and their lack in ability to adapt to scientific changes.

TAPE 59, B

013

Evans

Discusses support for HB 3013 and 3014. Explains that one of the challenges with hatcheries is how the wild population  should be sampled.

050

Evans

Discusses current sampling practices.

074

Chair Jenson

Closes the public hearing on HB 3013 and opens informational meeting.

INFORMATIONAL MEETING

090

Charlie Bruce

Wildlife Diversity Program, ODFW. Provides historical background regarding Oregon’s endangered species issue. Begins presentation comparing the Oregon Endangered Species Act and the Federal Endangered Species Act. (ESA) (EXHIBIT F).

125

Bruce

Explains current process for species listing (EXHIBIT F). Continues presentation explaining current definitions.

175

Bruce

Continues testimony with review of the implementation process (EXHIBIT F).

201

Rep. Tomei

Requests clarification on the federal de-listing criteria.

206

Bruce

Responds that the federal de-listing criterion is the reversal of the listing criteria. Notes the importance of established conservation programs to adequately protect the habitat of the endangered species.

215

Rep. Tomei

Questions if the criterion is well established at the federal level.

218

Martin Nugent

Manager, Wildlife Diversity Program, ODFW. Explains the process is not outlined. States that the federal recovery plans contain recovery goals which assist agencies to attain de-listing.

235

Rep. Tomei

Questions if the recovery plans are available for endangered species.

239

Nugent

Responds that the recovery plans are specific to particular species. Continues that biological and scientific data is used to determine the plans.

250

Rep. Tomei

Questions if there are specific goals established for the recovery of the coastal Coho.

253

Nugent

Responds that he is not sure if a specific plan has been finalized. However, goals were established in the plan to facilitate the de-listing process.

274

Bruce

Resumes presentation. Continues explanation of the implementation process. Reviews the established exceptions.

322

Chair Jenson

Comments on the gap between the state ESA and the federal ESA regarding existing exceptions.

331

Bruce

Responds with clarification of the relationship between state agencies and the federal agencies regarding incidental take and exceptions. Refers to the incidental take permit process for the state ESA.

380

Bruce

Continues review of the five-year review process and international responsibilities. Concludes and summarizes presentation.

392

Chair Jenson

Comments on the current discrepancies between the two types of state leases.

424

Bruce

States that the implementation and management of endangered species in the state is a partnership between all stakeholders. Concludes and summarizes the state ESA creates leverage for additional federal funding to assist with recovery efforts.

448

Chair Jenson

Acknowledges appreciation of the department’s presentation.

TAPE 60, B

020

Nugent

Provides additional information regarding administrative rules that exist which contain criteria for de-listing.

025

Rep. Tomei

Clarifies that is for the state de-listing not the federal de-listing. Comments on the uncertainty of this type of process.

027

Nugent

Responds that when the ESA plans are evaluated the scientific data is evaluated to help determine a quantitative measure.

045

Chair Jenson

Closes informational meeting and opens a public hearing on HB 3014.

PUBLIC HEARING – HB 3014

050

Chair Jenson

Closes public hearing on HB 3014 and adjourns the meeting at        2:35 p.m.

 

 

 

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

EXHIBIT SUMMARY

 

A – HB 3013, ODFW, written testimony, Ed Bowles, 2 pp

B -  HB 3013, written testimony, Dale Blanchard, 1 pp

C – HB 3013, Oregon Trout, written testimony, 1pp

D – HB 3013, Northwest Fishing Industry, written testimony, Phil Donovan, 1 pp

E – HB 3013, Columbia River Intertribal Fish Commission, written testimony, John Platt, 6 pp

F – Comparison of the Oregon and Federal Endangered Species Act. written materials, Charlie Bruce, 8 pp