HOUSE COMMITTEE ON STREAM RESTORATION

 & SPECIES RECOVERY

 

May 18, 2001                                                                                                          Hearing Room E

1:00 P.M.                                                                                                                Tapes  129  - 130

 

 

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

Linda K. Gatto, Committee Assistant

 

MEASURES HEARD:          

                                                SB 172 A - Public Hearing & Work Session

SB 957 A - Public Hearing & Work Session

HB 2536 - Work Session

HB 3809 - Work Session

SB 581 A - Work Session

SB 319 A - Work Session

HB 3971 - Work Session

SB 961 -  Public Hearing

HB 3038 - Work Session

HB 3002 -Work Session

HB 3638 - Work Session

HB 3711  - 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 129, A

005

Chair Jenson

Calls the meeting to order at 1:25 p.m. and opens the public hearing on SB 172 A.

SB 172 A – PUBLIC HEARING

011

Sen. Ken Messerle

Senate District 24. States the goal of SB 172 A is to improve the current permitting process.

047

Chair Jenson

Closes the public hearing on SB 172 A and opens the public hearing on SB 957 A.

SB 957 A – PUBLIC HEARING

051

Sen. Messerle

States that SB 957 A requires the agency issuing the permit to provide the criteria that will be used to judge the application and if denied a reason must be provided. Lists the agencies in support. States opposition to the proposed amendment.

083

Rep. Kruse

Questions if Water Resources Department is included.

092

Sen. Messerle

Responds affirmatively.

095

Chair Jenson

Closes the public hearing on SB 957 A and opens the work session on HB 2536.

HB 2536 – WORK SESSION

105

Rep. Jeff Kropf

House District 37. Introduces HB 2536-3 amendments. Explains the concept of HB 2536. (EXHIBIT A).

159

Geoff Huntington

Director, Oregon Watershed Enhancement Board, (OWEB). Explains the intent of the board is to place title restrictions on property receiving Measure 66 money and to ensure that the use of Measure 66 dollars is consistent with the intent.

201

Rep. Kruse

Expresses that if land is transferred or purchased with Measure 66 dollars the money should revert back to OWEB for the Salmon Plan.

220

Rep. Smith

MOTION: Moves to ADOPT HB 2536-3 amendments dated 5/18/01.

224

 

VOTE:  9-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

237

Chair Jenson

Closes the work session on HB 2536.

238

Rep. Kropf

Express thanks to Geoff Huntington and Louise Solliday for their help on the language.

225

Chair Jenson

Opens the work session on HB 3809.

HB 3809 – WORK SESSION

239

Sandy Thiele-Cirka

Administrator. Summarizes HB 3809 and the -1 amendment (EXHIBIT B).

278

Rep. Smith

MOTION: Moves to ADOPT HB 3809-1 amendments dated 5/4/01.

283

 

VOTE:  9-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

289

Rep. Smith

MOTION:  Moves HB 3809 to the floor with a DO PASS AS AMENDED recommendation.

290

Rep. Leonard

States opposition to the bill. Comments on the dilemma of removing pinnipeds with deadly force and being reluctant to do the same to salmon.

306

Rep. Wirth

States opposition to the bill for the same reason.

307

 

VOTE:  5-3

AYE: 5 - Knopp, Kruse, Lee, Smith P, Jenson

NAY: 3 - King, Leonard, Wirth

EXCUSED: 1 – Tomei

 

Chair Jenson

The motion CARRIES.

REP. CLOSE will lead discussion on the floor.

331

Chair Jenson

Closes the work session on HB 3809 and re-opens the public hearing on SB 172 A.

SB 172 A – PUBLIC HEARING

355

Rich Angstrom

Executive Director, Oregon Concrete and Aggregate Producers Association and Chair, Oregon Healthy Streams Partnership. States   SB 172 A removed the Army Corps of Engineers out of the permitting process and directs the Division of State Lands (DSL) to assume the permitting responsibilities. States support of SB 172 A.

382

Lucie LaBonte

Curry County Commissioner.  Submits prepared testimony in support of SB 172 A (EXHIBIT C).

420

Glen Stonebrink

Oregon Cattlemen’s Association. Testifies in support of SB 172 A.

461

Tom Wolf

Chair, Trout Unlimited. Submits prepared testimony in support of     SB 172 A (EXHIBIT D)

Tape 130, A

021

Debbie Boone

Member, Healthy Streams Partnership. States support of SB 172 A.

028

Angstrom

Submits testimony (EXHBIT E) on behalf of NW Sportfishing Industry, supporting SB 172 A.

034

Pete Test

Oregon Farm Bureau Federation. Testifies in support of SB 172 A.

048

Jim Welsh

Oregon Family Farm Association. Testifies in support of SB 172 A.

051

Tom Quintel

Director of Government Affairs, Oregon Independent Minors, (OIM). Testifies in support of SB 172A

067

Harlan Levy

Staff Attorney, Oregon Association of Realtors. Testifies in support of SB 172 A.

077

Ann Hanus

Director, (DSL). Submits testimony (EXHIBIT F) in support of

SB 172A.

116

Eric Metz

DSL. Discusses SB 172 A4 amendment, (EXHIBIT G).

144

Lynn Mattei

Wetlands Chair, Oregon Chapter Sierra Club. Testifies in opposition of SB 172 A, submits (EXHIBIT H).

172

Chair Jenson

Questions the reason for opposition.

176

Mattei

Responds the concern is that the environmental protection of wetlands has been removed.

243

Mattei

Concludes testimony.

246

Chair Jenson

Closes the public hearing on SB 172 A.

(Prepared testimony submitted by Jim Myron, Oregon Trout (EXHIBIT I).

258

Chair Jenson

Opens the work session on SB 957.

SB 957A – WORK SESSION

260

Rep. Kruse

MOTION: Moves SB 957A to the floor with a DO PASS recommendation.

268

 

VOTE:  9-0

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

 

Chair Jenson

The motion CARRIES.

278

Rep. Kruse

MOTION: Moves SB 957A to the CONSENT CALENDAR.

280

 

VOTE:  9-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

281

Chair Jenson

Closes the work session on SB 957A.

283

Chair Jenson

MOTION: Requests unanimous consent that the rules be SUSPENDED to allow Rep. Tomei to BE RECORDED as voting NAY on HB 3809.

296

Chair Jenson

Opens the work session on SB 581A.

SB 581A – WORK SESSION

298

Sandy Thiele-Cirka

Administrator. Summarizes SB 581A.

317

Rep. Leonard

MOTION: Moves SB 581A to the floor with a DO PASS recommendation.

320

Chair Jenson

Announces that there is no testimony in support for or in opposition to SB 581A.

324

 

VOTE:  8-0

AYE:  8 - King, Knopp, Lee, Leonard, Smith P, Tomei, Wirth, Jenson

EXCUSED: 1 – Kruse

 

Chair Jenson

The motion CARRIES.

340

Rep. Tomei

MOTION: Moves SB 581A to the CONSENT CALENDAR.

342

Chair Jenson

VOTE: 8-0-1

EXCUSED: 1 – Kruse

Hearing no objection, declares the motion CARRIED.

344

Chair Jenson

Closes the work session on SB 581A and opens the work session on     SB 319A.

SB 319 A – WORK SESSION

350

Thiele-Cirka

Summarizes SB 319A.

370

Rep. Leonard

MOTION:  Moves SB 319A be sent to the floor with a BE ADOPTED recommendation.

371

 

VOTE:  8-0

AYE: 8 - King, Knopp, Lee, Leonard, Smith P, Tomei, Wirth, Jenson

EXCUSED: 1 – Kruse

 

Chair Jenson

The motion CARRIES.

392

Rep. King

MOTION: Moves SB 319A to the CONSENT CALENDAR.

 

 

VOTE:  8-0-1

EXCUSED: Rep. Kruse

395

Chair Jenson

Hearing no objection, declares the motion CARRIED.

429

Chair Jenson

Closes the work session on SB 319A and opens the work session on HB 3971.

HB 3971 – WORK SESSION

440

Rep. Jackie Dingfelder

House District 19. Submits prepared testimony (EXHIBIT J). States support of HB -5 amendments, (EXHIBIT J).

Tape 129, B

054

Tom Byler

Water Resources Department (WRD). States that the task force can be staffed by the WRD without additional resources. Notes the bill does provide the opportunity to seek funds for help in this effort.

088

Rep. Leonard

MOTION: Moves to ADOPT  HB 3971 –5 amendments dated 5/18/01.

093

Vice-Chair Lee

VOTE: 7-0-2

EXCUSED: Kruse, Jenson

Hearing no objection, declares the motion CARRIED.

100

Rep. Leonard

MOTION: Moves HB 3971 to the floor with a DO PASS AS AMENDED recommendation.

104

 

VOTE:  8-0-1

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

EXCUSED:  1 - Kruse

111

Vice-Chair Lee

The motion CARRIES.

REP. DINGFELDER will lead discussion on the floor.

127

Chair Jenson

Closes the work session on HB 3971 and re-opens the work session on SB 172 A.

SB 172 A – WORK SESSION

136

Brendan McCarthy

Deputy Legislative Counsel. Discusses the potential conflict with      SB 302.

165

Chair Jenson

Summarizes that if SB 172 A is passed, it will prevail over SB 302..

171

McCarthy

Responds affirmatively.

186

Rep. Leonard

MOTION:  Moves to ADOPT SB 172A-4 amendments dated 5/15/17/01.

192

 

VOTE:  9-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

193

Rep. Leonard

MOTION:  Moves SB  172A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

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

202

Chair Jenson

The motion CARRIES.

204

Rep. Kruse

MOTION:  Moves SB 172 A be placed on the CONSENT CALENDAR.

208

 

VOTE:  9-0

209

Chair Jenson

Hearing no objection, declares the motion CARRIED.

20

Chair Jenson

Closes the work session on SB 172 A and opens the public hearing on SB 961.

SB 961 – PUBLIC HEARING

195

Sen. Kate Brown

Senate District 7. States SB 961 is sponsored on behalf of the Burns Paiute tribe. Introduces tribal members. States that the salmon culture of the Burns Paiute tribe became extinct from the hydro-system on the Columbia, Snake, and Maheur Rivers. States support of the –2 amendments, (EXHIBIT K).

259

Rep. Kruse

Proposes a conceptual amendment to increase the allocations for the other tribes.

265

Sen. Brown

Responds that Legislative Counsel has advised that the relating to clause refers to the Burns Paiute Tribe.

179

Minerva Soucie

Member, Burns Paiute Tribe. Describes the historical importance of salmon to the tribe.

354

Herbert Hawley

Paiute Elder. Continues historical background.

430

Amos First-Raised III

Member, Burns Paiute Tribe. Testifies to being one of many generations that grew up without the salmon culture.

Tape 130, B

028

Kay Brown

Oregon Department of Fish & Wildlife, (ODFW). Submits prepared testimony stating the department is neutral on SB 961, (EXHIBIT L).

059

Michael Mason

Representing the Confederate Tribes of Warm Springs. Testifies in support of SB 961 and the –2 amendment.

083

Rep. Tomei

MOTION:  Moves to ADOPT SB 961-2 amendments dated 5/18/01.

 

 

VOTE:  8-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

085

Rep. Tomei

MOTION: Moves SB 961 to the floor with a DO PASS AS AMENDED recommendation.

097

Rep. Leonard

Questions how SB 961 will work with HB 3809.

118

Brown

Notes the conflict.

085

 

VOTE:  8-0

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

EXCUSED:  1 – Kruse

 

Chair Jenson

The motion CARRIES.

REP. SMITH will lead discussion on the floor.

171

Chair Jenson

Closes the work session on SB 961 and recess the meeting until       3:10 p.m.

173

Chair Jenson

Reconvenes and opens the work session on HB 3038.

HB 3038 – WORK SESSION

182

Bill Moshofsky

Representing Save the Salmon Coalition. States support of HB 3038.

205

Ken Evans

Representing Fisheries Restoration Enhancement Coalition. Introduces and explains the HB 3038–3 and –4 amendments (EXHIBIT M).

270

Evans

Requests adoption of HB 3038-3 amendments.

277

Moshofsky

Concurs with HB 3038-3 amendments.

298

Jim Myron

Representing Oregon Trout. Testifies in support of HB 3038–4 amendments and explains why.

390

Brown

ODFW. Testifies in support of HB 3038-4 amendments.

383

Evans

Discusses the preference to keep the definitions consistent.

437

Myron

Comments that native fish under the state Endangered Species Act. (ESA) is referring to, in his opinion, wild fish not hatchery fish.

Tape 131, A

033

Chair Jenson

Comments on the definition of native being indigenous to Oregon. Closes the work session on HB 3038 and opens the work session on  HB 3002

HB 3002 – WORK SESSION

045

Chair Jenson

Discusses the background for the need to define recovery. Explains the HB 3002-4 amendments (EXHIBIT N).

113

Rep. Leonard

Asks who was on the work group.

115

Evans

Responds the former state representative Terry Thompson, Willie Tiffany and himself.

123

Thiele-Cirka

Clarifies that a work group was not formally convened. States that the discussions were conducted one on one basis with the individual that expressed interest.

132

Louise Solliday

Governor’s Natural Resources Office. Suggests that Oregon Watershed Enhancement Board (OWEB) should be included on the task force.

159

Rep. Leonard

MOTION: Moves HB 3002-4 amendments dated 5/14/01.

 

Chair Jenson

VOTE: 9-0

Hearing no objection, the motion carries.

178

Rep. Leonard

MOTION:  Moves HB 3002 to the floor with a DO PASS AS AMENDED recommendation.

180

 

VOTE:  9-0

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

 

Chair Jenson

The motion CARRIES.

 

 

REP. DINGFELDER will lead discussion on the floor.

200

Chair Jenson

Closes the work session on HB 3002 and re-opens the work session  HB 2536.

HB 2536 – WORK SESSION

210

Rep. Kruse

MOTION: Moves to HB 2536 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0

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

EXCUSED:  1 – Knopp

 

Chair Jenson

The motion CARRIES.

 

 

REP. DINGFELDER will lead discussion on the floor.

276

Chair Jenson

Closes the work session on HB 2536 and opens the work session on HB 3638.

HB 3638 – WORK SESSION

283

Thiele-Cirka

Reviews the status of HB 3638 and the –3 amendments,         (EXHIBIT O).

307

Geoff Huntington

States support for the –3 amendments. Proposes to change line eight, Section B, striking the words, present to the Oregon Watershed Enhancement Board and inserting, and show. Proposes to change line 28, sub-section two striking the word, board and inserting, Oregon Watershed Enhancement Board.

310

Patricia Gainsforth

Oregon Association of Conservation Districts. Concurs.

357

Rep. Leonard

MOTION:  Moves to ADOPT HB 3638-3 amendments dated 5/18/01 and that the measure be FURTHER AMENDED on page 1, line 8, by deleting "presents to the Oregon Watershed Enhancement Board" and inserting "can show"" and on page 1, line 21, by deleting "board" and inserting "Oregon Watershed Enhancement Board".

377

 

VOTE:  9-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

380

Rep. Leonard

MOTION:  Moves HB 3638 to the floor with a DO PASS AS AMENDED recommendation.

390

 

VOTE:  7-0

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

EXCUSED:  2 - Knopp, King

 

Chair Jenson

The motion CARRIES.

 

 

REP. JENSON will lead the discussion on the floor.

405

Chair Jenson

Expresses appreciation to Patricia Gainsforth, Geoff Huntington, Jeannette Holman, and others who participated in drafting this legislation.

414

Chair Jenson

Closes the work session on HB 3638 and recesses until 4:40 p.m.

416

Chair Jenson

Opens the work session on HB 3711.

HB 3711 – WORK SESSION

424

Rep. Kruse

MOTION: Moves HB 3711 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Rules, Redistricting, & Public Affairs.

433

Chair Jenson

VOTE:  5-0-4

 

 

EXCUSED: Wirth, Knopp, Smith, Tomei

 

 

Hearing no objection, declares the motion CARRIED.

437

Chair Jenson

Closes the work session on HB 3711 and adjourns the meeting at    4:45 p.m.

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

EXHIBIT SUMMARY

 

A.     HB 2536, -3 amendments dated 5/18/01, Rep. Jeff Kropf, 1 p

B.     HB 3809, -1 amendments dated 5/4/01, Staff, 1 p

C.     SB 172 A, prepared testimony, Lucie LaBonte, 1 p

D.    SB 172 A, prepared testimony, Tom Wolf, 1 p

E.     SB 172 A, prepared testimony, Phil Donovan, 1 p

F.      SB 172 A, prepared testimony, Ann Hanus, 4 pp.

G.    SB 172 A, -A4 amendments dated 5/18/01, Eric Metz, 1 p

H.    SB 172 A, prepared testimony, Lynn Mattei, 2 pp.

I.       SB 172 A, prepared testimony, Jim Myron, 1 p

J.      HB 3971, prepared testimony and the -5 amendments dated 5/18/01, Rep. Jackie Dingfelder, 4 pp

K.    SB 961, -2 amendments dated 5/18/01, Sen. Kate Brown, 1 p

L.     SB 961, prepared testimony, Kay Brown, 1 p

M.  HB 3038, -3 amendments dated 5/18/01, -4 amendments dated 5/18/01, Ken Evans, 2 pp.

N.    HB 3002, -4 amendments dated 5/18/01, staff, 3 pp.

O.    HB 3638, -3 amendments dated 5/18/01, staff, 2 pp.