HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

 

May 14, 2001                                                                                                          Hearing Room E

1:00 P.M.                                                                                                                 Tapes  121 - 122

 

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

 

VISTING MEMBER:                        Rep. Dingfelder

 

STAFF PRESENT:                 Sandy Thiele-Cirka, Committee Administrator

Linda K. Gatto, Committee Assistant

 

MEASURES HEARD:          

                                                HB 3981 – Public Hearing

                                                HB 3564 – 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 121, A

 

006

Chair Jenson

Calls the meeting to order at 1:45 p.m. as a subcommittee and opens the public hearing on HB 3981.

 

HB 3981 – PUBLIC HEARING

 

010

Ray Craig

Assistant State Forester, Oregon Department of Forestry (ODF). States that the ODF is the largest landowner affected by the state Endangered Species Act (ESA). Expresses concerns with HB 3981 –1 amendments, (EXHIBIT A).

 

047

Chair Jenson

Opens as a full committee.

 

052

Rep. Jeff Kropf

House District 37. States that HB 3981 balances the needs of the ESA and the needs of the people.  Discusses the Klamath Falls situation.

 

103

Rep. Kropf

Explains the Economic and Social Impact Analysis Team and the Emergency Listing Committee.

 

145

Chair Jenson

Notes that the Oregon ESA does not have provisions for exceptions or incidental take.

 

152

Rep. Kropf

Responds that listed species that are endangered need to be considered in their entire range.

 

188

Rep. Smith

Questions is there one commissioner being appointed by the Speaker or the Governor.

 

208

Rep. Kropf

Responds that in the emergency listing committee, the Governor would appoint one county commissioner.

 

208

Rep. King

Questions if the bill provides staffing.

 

209

Rep. Kropf

Responds not in the current form.

 

210

Rep. Lee

Requests clarification and an example of infrastructure.

 

212

Rep. Kropf

Responds infrastructure is actual structures that may need to be addressed.

 

233

Rep. Wirth

Questions if the determination of a species as threatened impact the language.

 

245

Rep. Kropf

Responds that the intent is to have verifiable peer reviewed science.

 

275

Rep. Wirth

Questions what takes precedence when the science supports listing a species but the economic and social impact analysis does not support the listing of the species.

 

280

Rep. Kropf

Responds decision-making criteria would need to be developed.

 

288

Rep. Leonard

Comments on the opinion of people being superior to animals.

 

316

Rep. Kropf

Responds the objective is create a balance.

 

350

Rep. Kruse

Interprets that this opinion relates to real impacts on people compared to speculative impacts on the environment that can not be proven.

 

400

Rep. Kropf

Concurs and elaborates on the intention.

 

Tape 122, A

 

004

Chair Jenson

States that the Governor made the comment that the ESA needs to consider people and this is the original intention, to include people into the equation.

 

043

Roy Hemmingway

Governor’s Natural Resource Office. Explains concern about mixing legislative and executive functions in the appointment process. 

 

109

Hemmingway

Clarifies that Oregon’s ESA applies only to state lands whereas the federal ESA applies to private lands.

 

168

Rep. Lee

Questions if the Governor’s office has a position relating to the safe harbor program.

 

164

Hemmingway

Responds a basic philosophy is to find ways for landowners to find accommodations rather than enforcement.

 

177

Glen Stonebrink

Representing Oregon Cattlemen’s Association. Testifies in support of HB 3981-1 amendments. Discusses balancing science, National Environmental Protection Act (NEPA), and the economic impact.

 

208

Roy Elicker

Legislative Coordinator, Oregon Department of Fish & Wildlife (ODFW).  Discusses the workload, emergency timeframe, and safe harbor. Notes that the Lost River sucker and Short Nose sucker have been on the state’s ESA since 1987.

 

247

Chair Jenson

Comments on the impact to state owned lands.

 

265

Rep. Kruse

Questions if upland activities impact waters of the state, does the state have the ability to go on private lands to mitigate impact.

 

292

Elicker

Responds he does not believe there has been an analysis done in that regard.

 

289

Rep. Wirth

Questions if other states rely on information other than verifiable and documented science.

 

320

Martin Nugent

ODFW. Responds the scientific data drives the process.

 

330

Rep. Dingfelder

Questions how is beyond recovery determined.

 

368

Chair Jenson

Responds by a biological assessment of the species.

 

354

Elicker

Responds the commission would probably further define this.

 

390

Chair Jenson

Notes the fiscal impact in the Klamath issue.

 

Tape 121, B

 

023

Chair Jenson

Closes the public hearing on HB 3981 and opens the work session on HB 3564.

 

HB 3564 – WORK SESSION

 

039

Ray Craig

ODF. Submits and reviews (EXHIBIT C).

 

090

Tom Imeson

Defenders of Wildlife. Submits (EXHIBIT D).

 

107

Rep. Smith

Requests an example of highest and best use forestland.

 

118

Imeson

Explains that designated forestland is Department of Revenue language.

 

142

Rep. Smith

Questions why the county could not change a new classification of zoning to open space.

 

143

Mike Barsotti

ODF. Explains that eligible land has to be in counties that are willing and the land has to be farm and forest.

 

183

Rep. Smith

Expresses concern that this could hurt rural counties.

 

217

Rep. Dingfelder

Questions if the objective is to try to maintain flexibility in the use of existing incentives.

 

222

Craig

Responds that the flexible incentives account is to create funds and how they can be used for the state’s conservation efforts.

 

242

Rep. Lee

Asks if this bill solves the restrictions on forestlands.

 

246

Craig

Responds that the bill allows the special assessment to remain once the conservation easement is achieved.

 

288

Rep. Leonard

MOTION:  Moves to ADOPT HB 3564-4 amendments dated 5/14/01.

 

292

 

VOTE:  9-0

 

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

 

292

Rep. Leonard

MOTION:  Moves HB 3564 to the floor with a DO PASS AS AMENDED recommendation.

 

319

Chair Jenson

VOTE:  5-3

AYE:  5 - King, Lee, Leonard, Tomei, Wirth

NAY:  3 - Kruse, Smith P, Jenson

EXCUSED:     1 – Knopp

 

 

 

The motion CARRIES.

REP. TOMEI will lead discussion on the floor.

 

 

313

Chair Jenson

Closes the work session on HB 3564 and opens the work session on HB 3637.

 

 

HB 3637 – WORK SESSION

 

345

Thiele-Cirka

Reviews the –13 through –17 amendments (EXHIBIT E).

 

405

Chair Jenson

Relates that the –19 amendments (EXHIBIT F) are similar to the –17 amendments and explains the exceptions.

 

Tape 122, B

 

026

Phil Donavan

Representing Oregon Guides and Packers. Clarifies that the members of the commission have a background in the specified areas, not representatives.

 

041

Rep. Tomei

Questions the monthly meeting requirement.

 

058

Chair Jenson

Responds that the commission currently meets once a month. Notes the commission’s workload.

 

083

Rep. Kruse

MOTION:  Moves to ADOPT HB  3637-19 amendments dated 5/14/01.

 

086

Rep. Tomei

Notes concern that the conservation groups are not represented and will be a no vote.

 

106

Rep. Kruse

States there is nothing in the bill that prohibits their inclusion.

 

122

 

VOTE:  7-2

AYE:  7 - King, Knopp, Kruse, Lee, Leonard, Smith P, Jenson

NAY:  2 - Tomei, Wirth

 

 

Chair Jenson

The motion CARRIES.

 

129

Rep. Kruse

MOTION:  Moves HB 3637 to the floor with a DO PASS AS AMENDED recommendation.

 

 

Rep. Wirth

Explains she will be a no vote and explains that the specified membership emphasizes the consumption aspect of ODFW’s mission over the non-consumptive aspect. Notes e-mails relating to the politicizing of the process of appointing the chair by giving the governor that authority. 

 

130

Rep. Wirth

VOTE:  7-2

AYE: 7 - King, Knopp, Kruse, Lee, Leonard, Smith P, Jenson

NAY: 2 - Tomei, Wirth

 

 

Chair Jenson

The motion CARRIES.

REP. KRIEGER will lead discussion on the floor.

 

196

Chair Jenson

Closes the work session on HB 3637 and adjourns the meeting at    3:23 p.m.

 

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

 

 

EXHIBIT SUMMARY

 

A.     HB 3981, -1 amendments dated 5/10/01, Staff, 9 pp.

B.     HB 3564, prepared testimony, Ray Craig, 2 pp.

C.     HB 3564, prepared testimony, Tom Imeson, 2 pp.

D.    HB 3564, -4 amendments dated 5/14/01, Staff, 13 pp.

E.     HB 3637, -13 amendments dated 5/2/01, -14 amendments dated 5/4/01, -15 amendments dated 5/4/01, -16 amendments dated 5/4/01, -17 amendments dated 5/4/01, Staff, 20 pp.

F.      HB 3637, -19 amendments, dated 5/14/01, Staff, 4 pp.