HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

January 31, 2001 Hearing Room E

1:00 P.M. Tapes 21 - 22

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

MEMBER VISTING: Rep. Wayne Krieger

STAFF PRESENT: Sandy Thiele-Cirka, Committee Administrator

Linda K. Gatto, Committee Assistant

MEASURES/ISSUES HEARD:

Public Hearing

HJM 4

Oregon Department of Fish & Wildlife (ODFW)

Hatchery Fish, Wild Fish, Native Fish Conservation Policy

Public Hearing and Work Session

HB 2457

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 21, A
003		Chair Jenson	Calls the meeting to order at 1:10 p.m. and opens public hearing on HJM 4.
PUBLIC HEARING - HJM 4
010		Sandy Thiele-Cirka	Administrator. Summarizes HJM 4.
016		Terry Thompson	Former Representative. States the Marine Mammal Act (MMA) is about to be re-authored and the goal is to resolve the conflict between protecting pinnipeds and salmon recovery under the Endangered Species Act (ESA).
043		Thompson	Relates a sea lion story.
059		Robin Brown	Marine Mammal Program Leader, Oregon Department of Fish & Wildlife (ODFW). Submits (EXHIBIT A) and reviews.
129		Chair Jenson	Questions if the language is specific enough.
138		Brown	Responds the language resulted from discussions with NMFS and the State of Washington.
152		Chair Jenson	Questions if the State of Washington is proceeding with a similar action.
158		Brown	Responds that the states of Washington and California have addressed this issue in previous sessions.
160		Rep. Wirth	Questions what does the removal of pinnipeds entail.
167		Brown	Provides a brief background on the development of this proposal. Clarifies the non-lethal removal of sea lions that prey in particular locations.
218		Rep. Wirth	Questions the definition of adequate to ensure.
225		Brown	Responds that NMFS has made stock determinations on marine mammals.
259		Rep. Thompson	Comments on the need for more information to make good management decisions.
286		Rep. Krieger	Notes that in the budget presented to the Legislative Task Force on Pacific Fisheries Management presented by the states of Oregon, Washington, California, and the federal government amounted to $38 million to study pinnipeds.
293		Rep. Thompson	Responds the money goes to Alaskan fisheries to study Stellar sea lions and that very little money is allocated to Oregon.
315		Rep. Kruse	Questions when the authority was transferred to NMFS.
327		Brown	Answers that the MMA does provide an option for the state to regulate, but it is difficult to implement.
400		Glen Stonebrink	Executive Director, Oregon Cattlemen’s Association. Submits (EXHIBIT B), testifies in support of the bill and discusses SB 31.
TAPE 22, A
029		Chair Jenson	Closes the public hearing on HJM 4, opens informational meeting on hatchery and wild fish.
037		Ed. Bowles	Fish Division Director, ODFW. Provides an overview of (EXHIBIT C).
083		Bowles	Continues with overview, part III.
150		Rep. Tomei	Request clarification on what is meant by altered spawn timing and altered age of adults.
156		Bowles	Responds this relates to wild fish risk survival.
170		Rep. Tomei	Questions risk factors for wild fish.
173		Bowles	Answers the wild fish characteristics displayed are the best in a specific watershed. Provides an example of disease transmission.
204		Chair Jenson	Clarifies that a condition could be amplified in the wild.
223		Rep. Leonard	Questions to what extent a hatchery fish is less adaptable to the wild due to hatchery practices.
233		Bowles	Responds there are behavior shifts.
266		Rep. Leonard	Questions the differences between a fish raised in a natural setting and a first generation native fish.
283		Bowles	Responds the focus has been to provide a survival advantage.
307		Rep. Leonard	Clarifies to the extent there are differences, to what extent can those differences be attributed to hatchery practices.
310		Bowles	Responds the differences can be attributed to hatchery practices. Notes that which practices effect behavior or genetics are unknown.
342		Rep. Leonard	Expresses that an explanation as to why a fish genetically identical to a native fish cannot be raised in a hatchery setting is important.
352		Bowles	Responds the goal is to minimize a hatchery fishes ability to adapt to a new environment.
392		Rep. Leonard	Clarifies the concern is if can natural conditions be replicated and produce genetically equal fish.
TAPE 21, B
048		Bowles	Resumes presentation on conservation hatcheries.
076		Rep. Krieger	Asks how many generations does it take for a fish to become naturally sustainable.
081		Bowles	Answers the longer the fish lives in a changeable environment the better.
123		Rob Jones	Branch Chief Hatcheries and Inland Fisheries, National Marine Fisheries Service (NMFS). States that one measure of success is determined by how well the fish are able to sustain in the wild.
180		Jones	Notes the issue is how to accomplish a sustainable population in the wild while using hatcheries.
211		Rep. King	Comments that an acceptable term that defines an understanding would be helpful.
242		Jones	Responds that NMFS’s perspective is a fish that survives in the wild and produces offspring that survive in the wild is wild.
274		Rep. King	Reiterates a term that defines fish that share characteristics that indicate at what phase toward being wild they are in is being requested.
294		Jones	Responds that NMFS does not title fish as hatchery or wild, but rather characterize fish based on biological and behavioral characteristics.
315		Bowles	Concurs that using the term hatchery or wild does not accommodate a descriptive term for what level of wildness a fish is.
339		Rep. King	Questions whether DNA studies have been done to identify the genetic diversity of different runs.
353		Jones	Responds there is a pioneer effort being done in the Salmon River basin on sockeye salmon. Discusses establishing a level for recovery.
TAPE 22, B
003		Rep. Tomei	Requests clarification relating to hatchery fish endangering wild fish.
010		Bowles	Responds that this issue is critical. Explains the wild fish that has survived in the wild for generations are better equipped for continued survival and hatchery fish may not have developed this ability. Continues clarification noting that hatchery fish can amplify the total fish within the wild fish causing the reduction of their ability to survive in the wild.
076		Rep. Wirth	Comments on natural selection and questions if the focus should be on habitat rather than fish.
088		Jones	Explains that a comprehensive approach considers harvest, hatchery reform, habitat, ocean conditions, and predators.
096		Rep. Wirth	Questions what happens if the best habitat is established but does not meet NMFS requirements.
110		Jones	Responds that experience has indicated that fish can be restored and recover to satisfy the ESA requirements.
130		Chair Jenson	Closes information meeting and opens a public hearing on HB 2457.
PUBLIC HEARING – HB 2457
152	Thiele-Cirka		Summarizes HB 2457.
191	Terry Thompson		Former Oregon Representative. Explains the need for regular reporting.
206	Jim Neifert		Legislative Coordinator for Oregon Parks and Recreation (OPRD). Submits (EXHIBIT D). Currently, ORS 805.256 provides OPRD with half the funds from the plate sales. Provides background information on HB 2457.
262	Neifert		Reviews successful park projects.
300	Rep. Lee		Questions how the other half of the funds are used.
306	Thompson		Responds that ODOT receives the other half and those projects are approved through OWEB.
346	Chair Jenson		Closes the public hearing on HB 2457 and opens a work session.
350	Rep. Knopp		MOTION: Moves HB 2457 to the floor with a DO PASS recommendation.
351			VOTE: 8 – 0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 – Leonard
352	Chair Jenson		The motion CARRIES. Rep. SMITH will lead discussion on the floor.
355	Chair Jenson		Closes the work session 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. HJM 5, ODFW Statement and Report to Congress from NOAA, Robin Brown, 23 pp.

B. HJM 5, US Code: Title 16, Section 1379 and 1389, Glen Stonebrink, 4 pp.

C. Hatchery, Wild and Native Fish, written testimony, Ed Bowles, 5 pp.

D. HB 2457, written testimony and published material, Jim Neifert, 9 pp.