HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

 

May 02, 2001                                                                                                          Hearing Room E

1:00 P.M.                                                                                                                 Tapes  113 - 114

 

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 2862 – Work Session

SB 581A– Public Hearing

HB 3809 – Work Session

HB 3341 – Work Session

HB 3637 – 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 113, A

004

Chair Jenson

Calls the meeting to order at 1:27 p.m. as a subcommittee and opens a work session on HB 2862.

HB 2862 – WORK SESSION

031

Sandy Thiele-Cirka

Administrator. Reviews re-referral process of HB 2862.

038

Chair Jenson

Opens full committee.

039

Terry Thompson

Former state representative. Comments and reviews the –2 amendment (EXHIBIT A). States that the amendment language further clarifies the buyback program.

048

Kay Brown

Policy Coordinator, Oregon Department Fish & Wildlife (ODFW).   Explains that HB 2862 is a bill that anticipates a federal buy back program and provides the mechanism for the ODFW Commission to develop a program once the federal buyback program is implemented.

061

Chair Jenson

Questions why buybacks of healthy fishing industries is necessary.

070

Thompson

Responds that the crab and shrimp industries are biologically sound. Notes that in buying back a fishing permit, the fishing industry does not support those permits and vessels being reissued into another portion of the fishing industry that are state operated.

094

Chair Jenson

Clarifies if it is necessary for the permits to be discontinued if the vessels are discontinued.

101

Thompson

Responds that is a decision that should be evaluated by the ODFW commission, biologists, and public input from the industry. Notes that this bill is being monitored by Washington and California.

122

Rep. Smith

MOTION: Moves to ADOPT HB 2862 –2 amendments dated 4/25/01.

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

128

Rep. Smith

MOTION: Moves HB 2862 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

 

 

VOTE:  6 – 0 – 3

 

 

AYE:  Wirth, Kruse, P. Smith, King, Lee, Jenson

 

 

EXCUSED: Knopp, Tomei, Leonard

 

Chair Jenson

The motion CARRIES.

147

Chair Jenson

Closes the work session on HB 2862 and opens the public hearing on SB 581A.

SB 581A– PUBLIC HEARING

158

Thiele-Cirka

Summarizes SB 581A.

233

Chair Jenson

Closes the public hearing on SB 581A and opens work session on     HB 3809.

Prepared testimony from Nikki Whitty, Coos County Board of Commissioners (EXHIBIT B)

HB 3809 – WORK SESSION

241

Thiele-Cirka

Summarizes HB 3809.

259

Rep. Lee

Questions if the term, unduly hindering, implies any in-stream barriers that are not updated on fish passage requirements.

266

Chair Jenson

Requests Legislative Counsel to provide clarification and explanation.

275

Rep. Lee

Comments that many places have some form of fish passage. However, new standards are being implemented and not all areas have completed the transition. Notes that there are 35, 000 diversions around the state.

302

Chair Jenson

Addresses and provides information to the audience.

312

Rep. Smith

Comments that the Columbia River is experiencing historical returning fish runs.

365

Rep. Lee

Comments and notes support of SB 581A.

410

Rep. Lee

Repeats question in Section 1, questions the definition of unduly hindering.

422

Greg Chaimov

Legislative Counsel. Comments that the conduct being regulated would be new activities or conduct. Notes pre-existing structures that may have inadequate fish passage, this bill does not cover that situation.

457

Rep. Lee

Questions if language specifying pre-existing structures exemption is recommended.

463

Chaimov

Responds affirmatively.

465

Rep. Tomei

Questions the definition of premature demise. Provides example of the act of fishing.

483

Chaimov

Responds affirmatively.

494

Rep. King

Questions if there is a different standard for practices versus structures.

Tape 114, A

038

Chaimov

Responds affirmatively. Provides examples of the differences.

049

Rep. King

Comments and discusses concern with bill language.

066

Rep. Wirth

Comments in opposition to the bill.

085

Rep. Leonard

MOTION: Moves to TABLE HB 3809.

 

 

VOTE:  4 – 5

 

 

AYE:  4 – Wirth, King, Tomei, Leonard

 

 

NAY:  5 – Knopp, Kruse, Smith, Lee, Jenson

 

Chair Jenson

The motion FAILS.

095

Rep. Kruse

Proposes additional language revisions and additional amendments.

119

Chair Jenson

Acknowledges additional work on Subsection 2 and 3.

132

Rep. King

Supports the development of additional amendments. Comments on the impact of the bill to ODFW. States opposition to the bill in its current form.

153

Rep. Tomei

States opposition to the bill.

160

Rep. Knopp

Requests a brief recess.

168

Chair Jenson

Reconvenes. States that HB 3809 will be rescheduled.

177

Rep. Wirth

Requests including the production limit until the science team provides adequate data.

194

Chair Jenson

Closes the work session on HB 3809 and opens the work session on HB 3341.

HB 3341 – WORK SESSION

200

Chair Jenson

Summarizes HB 3341.

204

Thiele-Cirka

Outlines the –1 amendment (EXHIBIT C).

216

Rep. Kruse

Provides additional explanation of the –1 amendment. Comments on how the bill speaks to the Marine Mammal Protection Act (MMPA).

259

Rep. King

Further explains.

281

Rep. Tomei

Questions how this bill will alter the MMPA.

286

Rep. Kruse

Responds and explains the exemption process available in the MMPA. Comments that the bill is requesting ODFW to develop a plan for approval by the federal government.

308

Rep. Kruse

MOTION: Moves to ADOPT HB 3341 –1 amendments dated 4/27/01

312

Rep. Wirth

Questions what species are included in the definition of pinniped.

320

Rep. Kruse

Identifies California sea lions and harbor seals.

232

Thompson

Notes that sea otters are not present in Oregon waters. Further clarifies the two species that are the problem. Discusses the Stellar sea lion.

339

Chair Jenson

Comments and discusses predators that impact the recovery of salmon.

360

Rep. Wirth

Requests clarification of pinniped management under this bill.

372

Thompson

Provides additional clarification on pinnipeds.

379

Rep. King

States opposition until federal approval is received.

425

Rep. Kruse

Comments and states the federal government will not give approval until the state submits a plan. Clarifies the bill addresses predation in the waters in the state, not the ocean.

Tape 113, B

025

 

VOTE:  6-3

AYE: 6 - Knopp, Kruse, Lee, Leonard, Smith P, Jenson

NAY: 3 - King, Tomei, Wirth

 

Chair

The motion CARRIES.

030

Rep. Kruse

MOTION: Moves HB 3341 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.

035

Rep. Leonard

Notes consistency with the bill regarding the clubbing of salmon.

040

Rep. Tomei

Refers to testimony on the costs involved before the implementation of B3341 and states she will be a no vote.

052

Rep. Knopp

States support for HB 3341.

058

Rep. Wirth

States that this is outside the governor’s budget and will be a no vote.

072

 

VOTE:  6-2

AYE: 6 – Knopp, Kruse, Lee, Leonard, Smith P, Jenson

NAY: 2 – Tomei, Wirth

EXCUSED: 1 – King

 

Chair Jenson

The motion CARRIES.

080

Chair Jenson

Closes the work session on HB 3341 and opens the work session on HB 3637

HB 3637 – WORK SESSION

098

Phil Donavan

Representing NW Sportsfishing Industry. Explains that the HB 3637-13 amendments represent continuing refinement of the language, (EXHIBIT D). Provides an overview.

141

Donavan

Notes the current policy of appointing commissioners by congressional districts.

150

Chair Jenson

Proposes that one commissioner be west of the Coastal Range and not west of the Cascade Range.

179

Rep. King

Comments that the dedicated positions are sports-fishing, commercial fishing, but there is no seat for the environmental/conservation interests.

211

Jim Myron

Representing Oregon Trout. Comments that with the inclusion of the public interest test required of all commission members, the three at large members could be for the resource group.

259

Rep. Tomei

Concurs with Rep. King’s concern.

175

Donavan

Notes page two, line six, (EXHIBIT D) refers to background not represent.

327

Rep. Tomei

Responds that the user groups interest is in hunting, states that is also important to have commission members whose only interest is environment.

332

Myron

Responds these are public resources and could be considered as an additional amendment.

353

Rep. Smith

Comments that conservation groups are not the only people interested in the environment, a background in agricultural and forest industries includes environmental people.

373

Chair Jenson

Clarifies the objective is to find expertise in these areas, not advocates.

400

Rep. Wirth

States support for conservationist expertise.

450

Rep. Lee

Refers to page one, line 12, (EXHIBIT D) questions the term limit.

Tape 114, B

014

Donavan

Responds there are not term limits for commissioners.

016

Donavan

Notes three parts of (EXHIBIT D) that need to be revised.

059

Rep. Kruse

Notes concern this is weighted toward fishing and would like to see a separate member from agriculture and forestry.

127

Chair Jenson

Closes the work session on HB 3637 and adjourns the meeting at    3:00 p.m.

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

 

EXHIBIT SUMMARY

 

A.     HB 2862, -2 amendments dated 4/25/01, staff, 2 pp.

B.     SB 581A, prepared testimony, Nikki Whitty, 1 p

C.     HB 3341, -1 amendments dated 4/27/01, 1 p

D.    HB 3637, -13 amendments dated 5/2/01, 4 pp.