HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

 

 

May 16, 2001                                                                                                          Hearing Room E

1:00 P.M.                                                                                                                 Tapes  123 - 124

 

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. Jackie Dingfelder

 

STAFF PRESENT:                 Sandy Thiele-Cirka, Committee Administrator

Cheryl Young, Committee Assistant

 

MEASURES HEARD:          

                                                HB 3989 – Public Hearing

                                                HB 3854 – Work Session

                                                HB 3808 – Work Session

                                                HB 3014 – Work Session

                                                HB 3638 – 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 123, A

006

Chair Jenson

Calls meeting to order at 1:43p.m. Opens public hearing on HB 3989.

HB 3989 – PUBLIC HEARING

009

Rep. Tom Butler

House District 60. Discusses the tribal nation’s ability to serve on the Soil and Water Conservation Districts Board (SWCD). States that the sovereigns and members of the tribal nations should be able to serve as elected members.

028

Rep. Lee

Comments that this issue was discussed at the SWCD Commission in Central Oregon.

033

Rep. Butler

Responds that he is aware that this effects more than the tribal nations, and he is not aware of any problem until experienced a regulatory issue.

052

Glen Stonebrink

Representing Oregon Cattlemen’s Association. Questions if Native Americans are allowed to serve on the SWCD of a sovereign nation, would this imply that they would be restricted to the same conditions that are imposed on non-Natives within the same district.

058

Chair Jenson

Requests restating the question for clarification.

059

Stonebrink

Asks if the bill passes, would that imply that the sovereign lands being regulated just as the non-Native lands are regulated under the Environmental Regulations that are served by the SWCD.

068

Rep. Lee

Questions if SWCD are regulated by federal or state agencies

070

Stonebrink

Asks if they would be regulated just as non-Natives that are served by that SWCD.

076

Rep. Lee

States that the bill does not intend to make any changes unless Legislative Counsel has an opinion.

081

Stonebrink

Asks why they would want to serve on a board with non-Natives that would provide the service of those being regulated.

087

Chair Jenson

Requests Legislative Counsel’s opinion.

092

Rep. Kruse

Comments that this is an inclusive measure and most of the SWCDs would welcome tribal participation.

108

Chair Jenson

Agrees and notes that this can be an issue for the next meeting. Closes the public hearing on HB 3989 and opens a work session on HB 3854.

HB 3854 – WORK SESSION

116

Rep. Jeff Merkley

House District 16. Summarizes the –6 amendment (5/14/01). Requests the bill be referred to the committee on Ways and Means with a do pass recommendation (EXHIBIT A).

159

Vice-Chair Lee

State that there is another amendment in process and it’s the Chair’s intent to hold this bill over until Thursday night.

165

Vice-Chair Lee

Recesses the work session.

179

Chair Jenson

Reconvenes. State there is a proposed amendment to HB 3854 to be considered. States that the bill has to sent to Ways and Means.

200

Rep. King

Questions if it is appropriate to include the –6 amendment and questions the fiscal impact.

208

Rep. Merkley

Discusses the feasibility of the amendment and the fiscal impact. States he would like to address these issues at the next meeting.

232

Chair Jenson

Comments that the budget not is being carried forward on this issue.

245

Rep. Lee

States that Rep. Morgan has noted that the budget has already been passed out and that this amendment will solve the situation,

251

Rep. P. Smith

MOTION: Moves to ADOPT HB 3854-6 amendments dated 5/14/01.

 

 

VOTE: 9-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

258

Rep. P. Smith

MOTION: Moves HB 3854 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the Committee on Ways and Means.

272

Rep. Kruse

Explains his no vote.

278

Rep. Knopp

Explains his no vote.

288

Rep. Tomei

Questions the fee increase.

290

Rep. Kruse

Responds $8 - $9.

298

Rep. Tomei

Comments that the increase is reasonable.

302

Rep. Kruse

Refers to the environmental impact.

311

Rep. Wirth

Comments in support of the do pass recommendation.

320

Rep. Lee

Questions if the bill can be amended under either motion if it goes to Ways and Means.

328

Rep. Kruse

Responds if the Chair concurs.

336

Rep. Smith

Explains her no vote.

338

 

VOTE: 6-3

 

 

AYE:      6 –Wirth, King, Tomei, Leonard, Lee, Jenson

 

 

NAY:      3 – Knopp, Kruse, P. Smith

 

Chair Jenson

The motion CARRIES.

353

Chair Jenson

Closes the work session on HB 3854 and opens a work session on     HB 3808.

HB 3808 – WORK SESSION

364

Sandy Thiele-Cirka

Administrator. Summarizes HB 3808.

399

Rep. P. Smith

MOTION: Moves HB 3808 to the floor with a DO PASS recommendation.

405

Rep. Wirth

Questions fiscal impact.

410

Thiele-Cirka

Responds there is no impact.

417

 

VOTE:  5-4

 

 

AYE:   5 – Kruse, P. Smith, Knopp, Lee, Jenson

 

 

NAY:   4 – Wirth, Tomei, King, Leonard

 

Chair Jenson

The motion CARRIES.

 

 

REP. KROPF will lead discussion on the floor.

436

Chair Jenson

Closes work session on HB 3808 and opens a work session on HB 3014.

HB 3014 – WORK SESSION

456

Rep. Kruse

Summarizes the –2 amendment (EXHIBIT B). State there is concern with the inclusion of some of the language. Notes the reasons for vague language.

Tape 124, A

045

John Platt

Special Assistant to the Director of the Columbia River Intertribal Fish Commission. Discusses the issues of mass marking programs of hatchery fish.

112

Rishi Sharma

Representing the Columbia River Intertribal Fish Commission. Discusses the issues of hook and release mortality.

213

Rep. Kruse

States the intent of the bill is to give Oregon the flexibility to make agreements with the federal government relating to fish recovery.

239

Rep. Dingfelder

Questions the fiscal impact.

248

Thiele-Cirka

Responds a statement has not been issued.

250

Rep. Kruse

States that fin clipping is already occurring that this amendment does not require any changes to current hatchery practices.

256

Sharma

Further comments regarding sampling results.

267

Platt

Provides additional comments on mass marking and sampling.

291

Kay Brown

Policy Coordinator, Oregon Department of Fish & Wildlife (ODFW). Comments on the –2 amendments.

335

Rep. Kruse

Refers to the hatchery fish with clipped fins that are harvestable and state that it is not exclusive of anything else.

343

Brown

States that the intent was unclear. Comments on the supplemental programs in relation to the tribes.

356

Rep. Kruse

States for the record that the language is general so that ODFW could set the benchmark to establish standards.

374

Rep. Wirth

Asks for an opinion on how soon before the hatcheries can begin raising fish under these standards, and what the cost will be.

381

Brown

Responds and discusses the consequences.

393

Vice-Chair Leonard

Recess.

412

Chair Jenson

Reconvenes

415

Jim Myron

Representing Oregon Trout. Testifies in opposition to HB 3014.

445

Rep. Kruse

MOTION: Moves to ADOPT HB 3014 –2 amendments dated 5/16/01.

447

Rep. King

States support for the amendments. Explains no vote on the bill.

456

Rep. Dingfelder

Questions if there is any additional perspective on the amendment.

466

Chair Jenson

Responds that the tribes and other have provided testimony.

488

Phil Donovan

Representing Northwest Sports Fishing Industry. Comments that there has been a large investment in selective fisheries both monetarily and voluntarily. Remarks that they would like clarification of the definition hatchery and wild fish.

Tape 123, B

035

Donovan

Continues testimony.

050

Chair Jenson

State that it is his intention to clarify issues raised.

066

Roy Elicker

Legislative Coordinator, ODFW. Discusses hatchery capacity and program budget cuts.

092

Chair Jenson

States that he wants the committee members to understand the issues.

109

 

VOTE:   7 – 2

 

 

AYE:    7 – P. Smith, Knopp, Kruse, King, Tomei, Lee, Jenson

 

 

NAY:    2 – Wirth, Leonard

 

Chair Jenson

The motion CARRIES.

117

Rep. Kruse

MOTION: Moves HB 3014 to the floor with a DO PASS AS AMENDED recommendation.

119

Rep. Kruse

Comments that this is not a perfect product but it is a move in the right direction.

134

Chair Jenson

Requests Rep. Kruse clarify the vagueness of the language.

137

Rep. Kruse

Clarifies for the committee the language that Legislative Counsel was concerned about regarding the hatcheries.

154

Rep. King

States that the amendments improve the bill.

172

Chair Jenson

Commends Rep. Kruse for carrying this bill forward and complements ODFW on their progress.

181

 

VOTE:  5 – 4

 

 

AYE:    5 – Knopp, Kruse, P. Smith, Lee, Jenson

 

 

NAY:    4 – Wirth, Tomei, King, Leonard

 

Chair Jenson

The motion CARRIES.

 

 

REP. KRUSE will lead discussion on the floor.

190

Chair Jenson

Closes work session on HB 3014 and opens work session on HB 3638.

HB 3638 – WORK SESSION

201

Patricia Gainsforth

Representing Oregon Association of Conservation Districts. Testifies in support of the bill and proposed amendments.

253

Geoff Huntington

Executive Director, Oregon Watershed Enhancement Board (OWEB). Comments in support of the –2 amendment (EXHIBIT C). Discusses and provides analysis.

350

Rep. King

Requests clarification on the location of Section 4.

356

Huntington

Explains what happened to the section.

376

Chair Jenson

Compliments Ms. Gainsforth and Mr. Huntington on a job well done. Requests addition clarification from Legislative Counsel. Recess.

416

Chair Jenson

Reconvenes.

425

Brendan McCarthy

Deputy Legislative Counsel. State that Section 4 was incorporated throughout the amendment, thus deleting Section 4. Provides additional information on the –2 amendment.

457

Huntington

Further explains that the amendment and the intent of the workgroup.

478

Rep. Kruse

Requests additional time to review the amendment.

Tape 124, B

025

Chair Jenson

Asks Mr. McCarthy to work with Rep. Kruse. Announces that additional time to consider the amendment is granted. Closes the work session on HB 3638. Announces the committee is scheduled for a meeting on Thursday, May 17 at 5:00 p.m..

072

Rep. Knopp

Explains that his Business and Labor Committee may meet on Thursday. Notes that other members may be late.

088

Chair Jenson

Explains that Senate bills are scheduled, however the House bills will be heard first.

100

Rep. Wirth

Questions the amount of Senate bills.

101

Chair Jenson

Responds four. Adjourns the meeting at 3:22 p.m.

 

 

Submitted By,                                                                           Reviewed By,

 

 

 

Cheryl Young,                                                                          Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

 

EXHIBIT SUMMARY

 

A – HB 3854 –6 amendment, dated 5/14/01, R. Merkley, 10 pp

B – HB 3014 –2 amendment, dated 5/16/01, Staff, 1pp

C – HB 3638 –2 amendment, dated 5/15/01, Staff, 2pp