HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

 

April 20, 2001                                                                                                      Hearing Room 343

2:00 P.M.                                                                                                                 Tapes  100 - 101

 

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 3854 - Public Hearing

                                                HB 3451 -Work Session

                                                HB 3016 - Public Hearing

HJM 19 - Work Session

HB 3091 - Work Session

HB 3477 - Work Session

 

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 100, A

007

Vice-Chair Lee

Calls the meeting to order at 2:12 p.m. and open the public hearing on HB 3854.

HB 3854 – PUBLIC HEARING

012

Sandy Thiele-Cirka

Administrator. Reviews the status of HB 3854 and refers to the New Hampshire Clean Marine program, (EXHIBIT A).

020

Rep. Jeff Merkley

HD 16. Announces there is an effort being made to find a workable rebate program. Explains the concept.

064

Paul Donhefner

Director, Oregon State Marine Board.  Testifies in support of Rep. Merkley’s proposal.

074

Vice-Chair Lee

Questions the work group participants.

075

Rep. Merkley

Identifies the, Steelheaders, Oregon Environmental Council, Skippers for Clean Oregon Waters, and other stakeholders.

090

Chair Jenson

Closes the public hearing on HB 3854 and opens the work session on HB 3451.

HB 3451 – WORK SESSION

085

Thiele-Cirka

Administrator. Summarizes HB 3451 and the –9 amendments (EXHIBIT B).

106

Rep. Elaine Hopson

HD 2. Comments on (EXHBIT B).

119

Tim Josi

Tillamook County Commissioner. States the purpose of HB 3451 is to provide a long-term solution for Tillamook County.

139

Rep. Wirth

Questions the need for additional study.

150

Josi

Responds the goal exception process provides proof that Goal 16 should be amended.

159

Rep. Hopson

Comments that it adds credibility and the opportunity to move forward.

172

Josi

Notes that HB 3451 bridges the gap between the goal exception process which addresses short term problems and the amendment process that is two or three years ahead.

178

Rep. Wirth

Requests clarification that the goal for the exception process is different from the additional study.

182

Rep. Hopson

Concurs there is nothing binding, the purpose is to begin discussions.

185

Josi

Adds that there is no connection with this bill to a goal exception.

193

Rep. Smith

Asks if the Department of Land Conservation and Development (DLCD) has responded to the time issue.

203

Dick Bennet

Director, (DLCD). States that a letter has been sent to the county board yesterday that responds to questions about the exception process.

237

Rep. Wirth

Questions how the study in HB 3451 differs from what is analyzed during the exception process.

238

Bennett

Responds the exception process will address proposed extraction of aggregate in particular places.  The study would address the question at large, as flood mitigation.

288

Rep. Kruse

MOTION: Moves to ADOPT HB 3451 -9 amendments dated 4/10/01.

300

Chair Jenson

Hearing no objection, declares the motion CARRIED.

302

Rep. Kruse

MOTION: Moves HB 3451 to the floor with at DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

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

315

Chair Jenson

The motion CARRIES.

323

Rep. Kruse

MOTION: Moves HB 3451 to the Consent Calendar.

329

 

VOTE:  9-0

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

 

Chair Jenson

The motion CARRIES.

340

Chair Jenson

Closes the work session on HB 3451 and opens the public hearing on HB 3016.

HB 3016 – PUBLIC HEARING

340

Thiele-Cirka

Summarizes HB 3016, submits prepared testimony from Rep. Betsy Close (EXHIBIT C).

353

Rep. Al King

HD 44. Provides historical background and explains the current condition of Diamond Lake and the impact of the tui chub.

TAPE 101, A

013

Rep. Wirth

Questions if the federal authorities will allow the use rotenone in Diamond Lake.

014

Rep. King

Responds he is optimistic that with the completion of the Environmental Impact Statement (EIS) there will be a positive result.

022

Rep. Wirth

Questions the completion date of the EIS.

023

Rep. King

Responds approximately three years.

038

Rep. Knopp

Questions if there was legislation last session on the tui chub.

040

Rep. King

Responds the appropriations dedicated last session were not consumed.

054

Rep. Wirth

Questions if this is accommodated for in the governor’s budget.

051

Rep. King

Responds that he believes it is not.

067

Roy Elicker

Legislative Coordinator, Oregon Department of Fish & Wildlife (ODFW). Reads prepared testimony, (EXHIBIT D).

107

Chair Jenson

Questions if there is any possibility of a trout fishery at Diamond Lake given present management.

113

Dave Loomis

District Fisheries Biologist, Southwest Region, ODFW. Details the number of trout fingerlings stocked and notes that the survival rate with the tui chub has been reduced from 70 percent to less than 1 percent.  Summarizes this method is non-productive.

156

Chair Jenson

Clarifies that the option would be to plant only larger fish.

151

Elicker

Testifies that the EIS needs to completed and opened for public comment.  States that ODFW is planning options to the rotenone treatment for a commission meeting next month.

178

Rep. King

Comments on sustainable populations.

196

Rep. Tomei

Questions if there are sport fish that would eat the tui chub.

200

Elicker

Responds affirmatively.  Explains there are other species being considered but notes that as long as the tui chub is present in the lake, attaining the large former catch quotas is not possible.

252

Rep. King

States his primary objective is to support the funding to continue the EIS process.

268

Rep. Kruse

Concurs with Rep. King and states the big issue is the United States Forest Service and the lengthy process.

300

Rep. Tomei

Questions if the commission recommended a plan to stock a species that prey on the tui chub.

308

Rep. King

Responds that this lake is unique. Predicts this lake would not become the resort fishery it once was.

310

Rep. Kruse

Notes that the long-term expenditures would not result in the optimum condition being sought. Notes that everything in the lake has been planted.

320

Rep. Wirth

Questions the fiscal impact of the bill.

329

 Bennett

Responds $200,000 has been expended to get approximately 70 to 80 percent of the EIS drafted.  It is estimated that another $50,000 is needed to complete the draft EIS. After the public review, the final statement best estimate is another $100,000 to $150,000 range and approximately three years out.

356

Chair Jenson

Closes the public hearing on HB 3016. Directs ODFW to have answers regarding the use of predatory fish and whether the management of a managed stock, restock fishery, or a renewable fishery are options. Opens the work session on HJM 19.

TAPE 100, B

HJM 19 – WORK SESSION

006

Thiele-Cirka

Summarizes HJM 19 and the –2 amendments.

020

Rep. Smith

MOTION: Move HJM 19 – 2 amendments dated 4/16/01 BE ADOPTED.

023

Chair Jenson

Hearing no objection, the motion carries.

024

Thiele-Cirka

Summarizes the –1 dated amendments dated 4/16/01.

040

Rep. Smith

MOTION: Moves HJM 19 –1 amendments dated 4/16/01 BE ADOPTED.

045

Chair Jenson

Hearing no objection, the motion carries.

047

Rep. Smith

MOTION: Moves HJM 19 to the floor with a DO PASS AS AMENDED recommendation.

050

 

VOTE:  8-0

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

EXCUSED:  1 - Knopp

 

Chair Jenson

The motion CARRIES.

057

Rep. Smith

MOTION:  Moves HJM 19 be placed on the CONSENT CALENDAR.

063

 

VOTE:  8-0

EXCUSED:  1 - Knopp

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

066

Chair Jenson

Closes the work session on HJM 19 and opens the work session on   HB 3091.

068

Rep. Leonard

Introduces HB 3091 -3 amendments (EXHIBIT F).

HB 3091 – WORK SESION

085

Paul Slyman

Administrator, Department of Environmental Quality (DEQ) Clean-Up Division. States support for the –3 amendments.

095

Rep. Leonard

MOTION: Moves HB 3091 –3 amendments dated 4/20/01.

109

Chair Jenson

Asks if Mr. Bergstein has reviewed the –3 amendments.

111

Len Bergstein

Representing Ross Island Sand and Gravel. Responds affirmatively.  Submits proposed revisions to HB 3091 that are time and site specific, (EXHIBIT G).

191

Rep. Leonard

Responds that the proposed amendment was submitted in the state of Washington the cost was five million dollars to develop these standards.

218

Bergstein

Explains his intentions stating they need to know what Ross Island Sand & Gravel can have and what will be excluded.

232

Jennifer Sutter

Ross Island Project Manager, Clean-up Program, Department of Environmental Quality, (DEQ). Discusses evaluation of the criteria.

267

Rep. Lee

Questions why the Environmental Quality Commission, (EQC) needs to set up new administrative rules instead of DEQ modifying the standards. 

271

Slyman

Responds they are advised by legal counsel that when possible to adopt criteria in rules.

284

Rep. Lee

Questions if there is objection to the 90-day language.

313

Slyman

States the objection is that the clock starts as soon as the draft is submitted.

352

Keith Leavitt

Port of Portland. States that the –3 amendments and the proposed language in (EXHIBIT G) deleting lines 7 through 11 addresses their concerns.

366

Jeannette Holman

Assistant Director, Division of State Lands, (DSL). States DSL has no concerns with the –3 amendments, notes that the Ross Island proposed amendments are directed to DEQ.

400

Chair Jenson

After a brief recess, Chair states that HB 3091 will be held until Wednesday.  Closes the work session on HB 3091 and opens the work session on HB 3477.

HB 3477 – WORK SESSION

432

Rep. Leonard

Discusses the –2 amendments (EXHIBIT H).

434

Keith Leavitt

Port of Portland.  States support of the –2 amendments.

450

Rep. Leonard

MOTION: Moves HB 3477 –2 amendments dated 4/20/01.

455

Chair Jenson

Hearing no objection the motion carries.

461

Rep. Leonard

MOTION: Moves HB 3477 to the floor with a DO PASS AS AMENED recommendation.

463

 

VOTE:  7-0

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

EXCUSED:  2 - Knopp, Kruse

 

Chair Jenson

The motion CARRIES.

Rep. Leonard will lead discussion on the floor.

480

Chair Jenson

Closes the work session on HB 3477 and adjourns the meeting at    3:35 p.m..

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

 

 

 

EXHIBIT SUMMARY

 

A. HB 3854, New Hampshire Clean Marine Engine Initiative, Nina Deconcini, 20 pp.

B. HB 3451, -9 amendments dated 4/10/91, staff, 1 p

C. HB 3016, prepared testimony, Rep. Betsy Close, 1 p

D. HB 3016, prepared testimony, Roy Elicker, 5 pp.

E. HJM 19, -1 and -2 amendments dated 4/16/01, staff, 2 pp.

F. HB 3091, -3 amendments dated 4/20/01, Rep. Randy Leonard, 1 p

G. HB 3091, proposed revisions, Ross Island Sand & Gravel, 1 p

H. HB 3477, fact sheet and –2 amendment dated 4/20/01, Rep. Randy Leonard, 2 p