HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

 

April 2, 2001                                                                                                           Hearing Room E

1:00 P.M.                                                                                                                      Tapes 75 - 78

 

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 3334 – Public Hearing

                                                HJM 19 –  Public Hearing

HB 3572 – Public Hearing and Work Session

HB 3213 – 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 75, A

004

Chair Jenson

Calls the meeting to order at 1:07 p.m. as a subcommittee and opens public hearing on HB 3334.

HB 3334 – PUBLIC HEARING

016

Rep. Tom Butler

House District 60. Reviews background of the pilot program on trout production by private aquaculture product facilities. Explains the benefits to the state.

050

Rep. Butler

Reviews impact of private product facilities.

078

Rep. Butler

Continues presentation stating that the private industry should have an opportunity to grow, and that the Oregon Department of Fish and Wildlife (ODFW) is operating at maximum.

116

Chair Jenson

Questions the percentage increase from 10 to 25.

120

Rep. Butler

Responds that the pilot program has been successfully managed by the private industry and the increase would be an advantage.

139

Rep. King

Requests clarification on the fiscal (EXHIBIT A).

150

Rep. Butler

Responds that the overall fiscal expenditures should indicate savings to the state.

 

 

 

180

Chair Jenson

Closes the public hearing on HB 3334 and opens the full committee for a public hearing on HJM 19

HJM 19 – PUBLIC HEARING

187

Sandy Thiele-Cirka

Administrator, summarizes HJM 19.

196

Rep. Greg Smith

House District 59. Reviews and presents the needs of rural Oregon to obtain assistance from the federal agencies for enforcement on large tracts of federal land.

218

Rep. Kruse

Questions if the request for assistance could indicate to the federal agencies that more enforcement agents are being requested.

237

Rep. G. Smith

Responds that he supports adding clarifying language. Notes that the intent is for financial assistance.

250

Chair Jenson

Recommends adding financial assistance as a possible amendment.

262

Rep. Kruse

Suggests including local enforcement efforts.

274

Katie Cate

Representing Oregon Cattlemen’s Association. Testifies in support of HJM 19. Notes that the rural counties are impacted by the downturn in the natural resource industries and unemployment is high.

322

Rep. Kruse

Comments on the federal presence in Douglas County.

329

Cate

Responds that the intent is to obtain federal financial assistance to help fund the enforcement agencies in rural Oregon.

336

Rep. P. Smith

Questions the percentage of land managed by the federal government.

339

Cate

Responds that 52% of Oregon is federal land.

342

Rep. P. Smith

Questions how much land is state owned.

343

Cate

Responds that she does not have that information.

367

Russ Spencer

Representing the Oregon State Sheriffs Association. Notes a concern on the proposed language. Suggests limiting language to funding for enforcing of state criminal law and search and rescue efforts.

398

Rep. P. Smith

Questions if there are environmental crime officers providing enforcement.

403

Spencer

Responds that he is not aware of any sheriffs offices that have environmental crime units.

412

Rep. P. Smith

Comments that there have been discussions about proposals for an environmental crimes officer.

420

Spencer

Responds that there was a proposal that Metro might fund an environmental crime officer on non-federal land.

440

Chair Jenson

Closes public hearing on HJM 19 and opens a public hearing on        HB 3572.

TAPE 76, A

HB 3572 – PUBLIC HEARING

014

Thiele-Cirka

Summarizes HB 3572.

031

Charlie Bruce

Oregon Department of Fish and Wildlife.  Submits and reviews written testimony (EXHIBIT B).

096

Dave Wright

Oregon Parks & Recreation Department. Testifies in opposition to    HB 3572. Submits (EXHIBIT C) and notes concerns regarding closures or limitations. Sites the New Carissa situation.

148

Rep. Lee

Questions if closures are on the shoreline or upper dry areas.

151

Wright

Responds that closures occur in many forms over a 17-mile section of shoreline.

161

Rep. Smith

Questions the public comment process prior to closure determination.

175

Wright

Responds that administrative rules allow for emergency closures. Explains that the department waits until United States Fish &Wildlife (USFW) determines closures. Adds that temporary closures do not require public hearings.

193

Chair Jenson

Comments on the importance of public input in understanding decisions and the process.

233

Robin Hartmann

Representing Oregon Shores Conservation Coalition. Reads and submits (EXHIBIT D). Testifies in opposition to HB 3572. Supports the Parks and Recreations authority for regulating motorized use of beaches. Notes concerns that emergency beach closures may create competition between communities.

312

Liz Frenkel

Representing League of Women Voters of Oregon. Testifies in opposition to HB 3572 (EXHIBIT E). Notes that the beaches are a state resource.

365

Frenkel

Continues and summarizes testimony.

391

John Griffith

Coos County Commissioner. Submits and provides background on the impact of beach closures (EXHIBIT F). Testifies in support of         HB 3572.

445

Griffith

Continues testimony.

500

Griffith

Comments on the opportunities for public comments. Continues explanation of the listing of the snowy plover.

TAPE 75, B

030

Griffith

Continues presentation and summarizes testimony.

064

Chair Jenson

Closes public hearing on HB 3572 and opens work session on           HB 3572.

HB 3572 – WORK SESSION

072

Rep. Lee

Supports the need for public input prior to closures. Comments on the concern of overriding the federal Endangered Species Act and the impact between communities. Suggests developing a resolution without legislation.

083

Chair Jenson

Questions the type of pressure being issued from USFW.

090

Bruce

Responds that the western snowy plover was listed a few years ago. Notes the concern is with the take.

105

Chair Jenson

Questions if USFW support the beach closures and if the working relationship has been positive.

112

Bruce

Responds that the relationship is positive and is supportive of seasonal closures.

131

Rep. Kruse

Questions how long the nests have been fenced off.

133

Bruce

Responds that a combination of techniques have been used to evaluate the species population. Notes that fencing has occurred for approximately 6-8 years and it is used primarily for predation.

143

Rep. Kruse

Questions how many incidents of take have occurred.

145

Bruce

Responds that he does not have that information.

151

Rep. King

Questions the status, is the species threaten not endangered. 

156

Bruce

Responds that the species is listed under both state and federal ESA as threatened. Notes that the recovery plan has been developed.

178

Rep. Tomei

Questions if the 17 miles of closure is restricted to motorized use and how much is closed to foot traffic.

184

Bruce

Responds that it is closed for both motorized and foot traffic in some areas. Notes that foot traffic is prohibited in small areas north of Coos Bay.

204

Wright

Further clarifies that most of the 17 miles is closed to both motorized and foot traffic.

208

Rep. Wirth

Asks if there are other reasons for the Parks and Recreation Department to close beach access.

213

Wright

Responds that the department is the only authority to close beaches or limit beach activities. Notes that at times cities have been delegated limited authority.

268

Chair Jenson

Closes the work session on HB 3572 and opens a public hearing on  HB 3334.

HB 3334 – PUBLIC HEARING

318

Roy Elicker

Legislative Coordinator, ODFW. Reads and submits testimony reviewing the pilot program directed by SB 834 (1999) (EXHIBIT G). Notes that there is only one private hatchery facility interested in bidding on the trout production to sell to the state.

371

Elicker

Continues presentation reviewing the possible $500,000 expense per biennium to the department. Notes that 6 of the 10 state hatcheries still produce trout as part of the department’s program.

414

Rep. Wirth

Questions if other states have a program that requires the state to purchase from a private production company.

417

Elicker

Responds affirmative. Reviews California’s process. Notes that he is unsure if it is mandated or not.

434

Rep. Wirth

Requests confirmation if other states mandate or not. Questions if the production companies are limited to selling in their home state.

447

Elicker

Responds that the companies can sell to any buyer, in or out of state. Provides additional information provided in SB 834 (99).

TAPE 76, B

022

Rep. Tomei

Requests clarification regarding the 10% dispute.

025

Elicker

Responds and explains there has been dispute over the cost per pound of the fish. Reviews directives of SB 834 (99).

080

Rep. Tomei

Questions if the department agrees $2.50/lb. figures for private production.

087

Elicker

Responds in agreement with the $4.57/lb cost.

093

Rep. King

Comments the department’s accounting requires improvement. Notes and discusses the need to identify problems so a solution may be determined.

121

Rep. Kruse

Questions if the bidding process has begun. Comments on ODFW not providing all the costs.

126

Elicker

Responds that the bids are being prepared to send to the producers for the 2001 production year.

132

Rep. Kruse

Questions the current capacity of the state hatcheries. Comments on the current efficiency level.

143

Elicker

Responds that Fall Creek is not operating at capacity.

149

Kay Brown

Policy Coordinator, ODFW. Responds that the hatcheries are empty at different times. Notes this is due to the rearing seasons of the different species. Adds that several hatcheries have been reduced due to budget reductions.

161

Rep. Kruse

Explains that the department has been reluctant in providing the legislature with production costs.

177

Rep. King

Questions if the purchase percentage was increased to 25% will initiate interest from other trout producers.

182

Elicker

Responds that the 10% production provides the department with fair amount of fish to place in the market. Notes that he does not have that information if the production level is increased to 25%.

203

Rep. Wirth

Questions if the state is limited in purchasing any amount of trout from private production.

207

Elicker

Responds that the current status states 10% or more. Provides additional information regarding the current fiscal impact statement.

245

Spencer

Representing Desert Springs. Comments that ODFW has been delinquent in providing adequate data (EXHIBIT H). Notes that Desert Springs has attempted to attract other trout producers.

288

Rep. Leonard

Comments on the method of how the costs are being determined and questions if the $4.57 is the actual cost.

311

Spencer

Responds and explains that the figure was calculated through a joint effort.

322

Tom MacDonald

Desert Springs Trout Farm. Provides background on how the figures have been calculated.

349

Rep. Leonard

Questions how much does $4.57 include of the fixed costs that the state will pay regardless of who is producing the fish.

378

Spencer

Responds that they believe this is the most accurate figure to date.

389

Rep. Leonard

States and questions that he is interested in the true cost of rearing trout.

427

MacDonald

Discusses and presents the current operations of Desert Springs Trout Farm.

475

Lyle Negus

Desert Springs Trout Farm. Discusses on the potential savings to the state. Comments that the savings could be utilized in other areas of the department. Notes that some of the hatcheries should be discontinued.

TAPE 77, A

060

Spencer

Comments that the older hatcheries could be utilized as holding areas for rearing trout.

091

Phil Donovan

Representing NW Sportfishing Industry Association. Comments that the association is neutral on the bill but interested in the subject.

108

Terry Thompson

Representing Desert Springs Trout Farm. Comments that private aquaculture has an advantage over the state in the area of water temperature.

143

Chair Jenson

Closes public hearing on HB 3334 and opens public hearing on         HB 3213.

HB 3213 – PUBLIC HEARING

152

Steve Mountainspring

Attorney at Law, Dole, Coalwell, Clark, Mountainspring & Mornarich. Provides background and submits study (EXHIBIT I). Reviews the removal and fill permits in Jackson County.

200

Mountainspring

Continues review of mitigation and banking of wetlands credits.

230

Diane Davidson

President of Landowner Resource Management (LORM) Corporation. Presents testimony and submits (EXHIBIT J). Continues review of wetland issues in Jackson County.

280

Davidson

Discusses the pilot program, the wetland mitigation bank.

322

Davidson

Continues presentation, reviews the conservation mapping center.

398

Davidson

Submits and reviews proposed amendments (EXHIBIT K) and written testimony (EXHIBIT L).

440

Davidson

Continues and summarizes presentation.

TAPE 78, A

040

Rep. King

Questions if mitigation reduces recreational opportunities and mitigation will simplify some real estate transactions.

050

Davidson

Responds affirmatively. Comments that the private sector is uninformed and detached from this process.

080

Chair Jenson

Submits Division of State Lands written testimony (EXHIBIT M).

083

Chair Jenson

Closes public hearing on HB 3213 and adjourns meeting at 3:22 p.m.

 

 

Submitted By,                                                                           Reviewed By,

 

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

 

 

 

EXHIBIT SUMMARY

 

A. HB 3334, Fiscal Impact Statement, Staff, 1 pp.

B. HB 3572, Written testimony, C. Bruce, 2 pp.

C. HB 3572, Written testimony, D. Wright, 3 pp.

D. HB 3572, Written testimony, R. Hartmann, 1 pp.

E. HB 3572, Written testimony, L. Frenkel, 1 pp.

F. HB 3572, Written testimony, J. Griffith, 1 pp.

G. HB 3334, Written testimony, R. Elicker, 1 pp.

H. HB 3334, Written testimony, R. Spencer, 8 pp.

I. HB 3213, Written testimony, S. Mountainspring, 75 pp.

J. HB 3213, Written testimony, D. Davidson, 4 pp.

K. HB 3213, -1 amendment (3/30/01), D. Davidson, 2 pp.

L. HB 3213, Written testimony, D. Davidson, 1 pp.

M. HB 3213, Written testimony, Division State Lands, Staff, 1 pp.