HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

 

April 4, 2001                                                                                                           Hearing Room E

1:00 P.M.                                                                                                                     Tapes  79 - 81

 

MEMBERS PRESENT:         Rep. Bob Jenson, Chair

Rep. Randy Leonard Vice-Chair

Rep. Tim Knopp

Rep. Jeff Kruse

Rep. Patti Smith

Rep. Al King

Rep. Carolyn Tomei

Rep. Kelley Wirth

 

MEMBER EXCUSED:          Rep. Jan Lee, Vice-Chair

 

STAFF PRESENT:                 Sandy Thiele-Cirka, Committee Administrator

Linda K. Gatto, Committee Assistant

MEASURES HEARD:

                                                HB 3586 – Work Session

                                                HB 3809 – Public Hearing

                                                HB 3808 – 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 79, A

003

Chair Jenson

Calls the meeting to order at 1:05 p.m. and opens a work session on  HB 3586.

HB 3586 – WORK SESSION

008

Sandy Thiele-Cirka

Summarizes HB 3586 and the –3 amendments dated 4/3/01, (EXHIBIT A).

028

Rep. Kruse

MOTION: Moves to ADOPT HB 3586 –3 amendments dated 4/3/01.

030

Chair Jenson

Hearing no objection, declares the motion carried.

034

Rep. Kruse

MOTION: Moves HB 3586 to the floor with a DO PASS AS AMENDED recommendation.

047

 

VOTE: 5-0-4

AYE: Kruse, Smith, Tomei, King, Jenson

NAY: 0

EXCUSED: Wirth, Knopp, Leonard, Lee

REP. KRUSE will lead discussion on the floor.

052

Chair Jenson

Closes the work session on HB 3586 and opens a public hearing on  HB 3809.

 

 

Written testimony submitted by Kay Brown, Oregon Department of Fish and Wildlife (EXHIBIT B)

HB 3809 – PUBLIC HEARING

066

Rep. Jeff Kropf

District 37. Provides background of HB 3809. Explains purpose of the bill.

150

Rep. Kropf

Questions if it is absolutely necessary to destroy one genetic pool of fish to save another.

158

Rep. Knopp

Comments in support of the trust but verify concept.

190

Chair Jenson

Closes the public hearing on HB 3809 and re-opens the work session on HB 3586.

HB 3586 – WORK SESSION

204

Rep. Kruse

MOTION: Request unanimous consent that the rules be SUSPENDED to allow REP. KNOPP, LEONARD and WIRTH to BE RECORDED as voting AYE on HB 3586 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE: 8 0-1

225

Chair Jenson

Closes the work session on HB 3586 and opens the public hearing on HB 3808.

HB 3808 – PUBLIC HEARING

209

Sandy Thiele-Cirka

Administrator.  Summarizes HB 3808.

217

Rep. Kropf

Describes a parcel of land that was purchased by the Fish and Wildlife Service from a non-profit land conservation organization who purchased it from the farmer. Explains how migratory waterfowl affects adjacent grass farms. States the bill allows the federal government access to the public process on a case by case basis and that the state will

355

Glen Stonebrink

Representing Oregon Cattlemen’s Association. Submits and testifies in support of HB 3808 (EXHIBIT C).

400

Stonebrink

States the attempt is to remove the free pass.

TAPE 80, A

020

Rep. Smith

Questions if the federal government paid market price for the property and if compensation for losses on the tax role was made..

028

Rep. Kropf

Responds the property was in market range but on the high end and that the federal government paid an amount in lieu of taxes.

058

Rep. Smith

Questions if the federal government paid the ten-years back taxes.

060

Rep. Kropf

Responds, no not to his knowledge.

063

Rep. King

Questions would this bill prohibits the right of an individual to sell to the federal government.

071

Stonebrink

Responds no. Explains the bill removes the exclusive jurisdiction of the federal government to purchase land unless approved by the legislature.

100

Brendan McCarthy

Deputy Legislative Counsel.  States he is not aware of other states that have this type of legislation.

115

Chair Jenson

Questions if revenues related to migratory birds would be in jeopardy.

140

Rep. Kropf

Expresses concern about state rights.

180

Lynn Herring

Representing Audubon Society of Portland. Testifies in opposition to section one of HB 3808. Reads prepared testimony, (EXHIBIT D).

232

Rep. Tomei

Questions what is the National Environmental Policy Act (NEPA) process.

240

Herring

Defers answer to Roy Elicker.

249

Rep. King

Questions if the bill is limited to geese and swans, or does it also include redwing blackbirds or kingfishers as migratory waterfowl.

255

Herring

Responds that she is not aware of any limitations.

260

Rep. Smith

Refers to (EXHIBIT D) and questions how crop damage is alleviated.

265

Herring

Responds that she does not have that information.

273

Rep. Smith

Questions what contributing to the economy of the state means.

275

Herring

Answers the interest generated by refuges.

284

Bruce Taylor

Representing Oregon Wetlands Joint Venture. Lists the members of the Joint Venture and states these groups are the proponents of land acquisitions.

363

Rep. Tomei

Questions the acquisition process.

364

Taylor

Responds that a study and evaluation process is required for any federal action that will impact the environment.

399

Roy Elicker

Legislative Coordinator, Oregon Department Fish and Wildlife (ODFW). Explains the NEPA process.

TAPE 79, B

040

Rep. King

Questions the status of songbirds, redwing blackbirds, and kingfishers.

045

Elicker

Responds that redwing blackbirds are migratory wildfowl.

078

Rep. King

Comments on the language discrepancies.

083

Rep. Tomei

Refers to (EXHIBIT D) and questions if migrating fowl are more attracted to the refuges over adjacent farms.

091

Elicker

Responds affirmatively. Comments that the intent is to keep the birds on the refuge and away from the farms.

160

Rep. Tomei

Questions how refuges contribute to the economy.

165

Elicker

Responds that refuges attract many types of people who come from around the world to see the wildlife refuges.

174

Rep. Kruse

Inquires about what keeps geese in the refuge.

178

Elicker

Responds by growing feed, providing resting areas, and do not allow hunting of any kind.

224

Chair Jenson

Closes the public hearing on HB 3808 and opens the public hearing on HB 3809.

HB 3809 – PUBLIC HEARING

275

Ed Bowles

Fish Division, ODFW. Reads prepared testimony (EXHIBIT E). Notes consequences to the department if the bill is implemented.

400

Rep. King

States concern over language that appears to relate to one fish.

TAPE 80, B

022

Rep. King

Questions the department’s ability to absorb the financial burden of the science panel.

032

Bowles

Responds that a fiscal analysis has not been done.

060

Chair Jenson

Questions if the science would be a problem if the bill moved forward.

063

Bowles

Responds the department has no concern with the research or additional science panels.

074

Rep. Tomei

Questions if the tribes will be clubbing the 120,000 surplus fish.

081

Bowles

Responds that most of the surplus will be moved out-of-state and approximately 17,000 will remain in Oregon. 

100

Rep. Tomei

Questions hatchery spawning under these conditions is acceptable.

122

Bowles

Answers that these plans are co-managed and discusses details.

128

Rep. Kruse

Questions the other methods of killing fish.

130

Bowles

Responds that clubbing is considered the most humane.

164

Rep. Wirth

Comments on the duplication of studies.

180

Bowles

Responds affirmatively. Discussion about science panels.

259

Rep. Kruse

Questions if there is a definition of native fish in Oregon’s Endangered Species Act.

281

Bowles

Responds it is referenced as indigenous to Oregon. Clarifies that to meet de-listing criteria the requirement is that the fish live their entire life in the natural environment.

319

Stonebrink

Testifies in opposition to clubbing stating that ODFW has the authority to increase the catch limit. Comments on the language in lines 15,17 and 20.

350

Bill Moshofsky

Representing Save the Salmon Coalition. Lists the member of the coalition.  States that there is a lack of focus on predators and land use controls.

TAPE 81, A

020

Russ Walker

Representing Citizens for a Sound Economy. Testifies in support of  HB 3809. Notes concern about the economic impact the listing has had on the state.

060

Jim Myron

Representing Oregon Trout. Testifies in opposition to HB 3809 and submits (EXHIBIT F).

101

Phil Donovan

Representing Northwest Sport-Fishing Industry Association. Testifies in opposition to HB 380. Notes the risk of losing Mitchell funds. Suggests the IMST to act as the scientific panel.

148

Chair Jenson

Comments that in the existing language, the IMST is not set up to study and the current compensation would not be adequate.

206

Rep. Smith

Questions if the sports fishing industry supports the increase of harvest over clubbing.

210

Donovan

Responds affirmatively.

248

Chair Jenson

Closes the public hearing on HB 3809 and adjourns the meeting at

3:10 p.m.

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

 

EXHIBIT SUMMARY

A.  HB 3586, -3 amendments dated 4/3/01, staff, 6 pp.

B.  HB 3586, written testimony, ODFW, Kay Brown, 1 p

C.  HB 3809, written testimony, Oregon Cattlemen’s Association, Glen Stonebrink, 4 pp.

D.    HB 3808, written testimony, Audubon Society of Portland, David Marshall, 2 pp.

E.     HB 3809, written testimony, ODFW, Ed Bowles, 2 pp.

F.      HB 3809, written testimony, Oregon Trout, Jim Myron, 1 p