SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

January 15, 2001 Hearing Room B

8:00 AM Tapes 5 – 6

MEMBERS PRESENT: Sen. Ken Messerle, Chair

Sen. Frank Shields, Vice-Chair

Sen. Bill Fisher

Sen. Ginny Burdick

Sen. Jason Atkinson

Sen. Roger Beyer

Sen. Ryan Deckert

STAFF PRESENT: Judith Callens, Committee Administrator

Patricia Nielsen, Committee Assistant

MEASURE/ISSUES HEARD: Informational Meeting / Wild Fish Policy

SB 62 – Public Hearing

SB 285 – Public Hearing

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 5, A
004	Chair Messerle	Opens meeting at 8:03 a.m.
WILD FISH POLICY
013	Ed Bowles	Fish Division Director, Oregon Department of Fish and Wildlife. Presents information about the native fish conservation policy, also known as the wild fish policy. Submits outline of written testimony, (EXHIBIT A). Submits written testimony (EXHIBIT B).
067	Bowles	Continues reviewing submitted material.
123	Bowles	Continues reviewing submitted material.
150	Bowles	Continues reviewing submitted material.
172	Chair Messerle	Inquires whether the National Marine Fisheries Service (NMFS) has a wild fish policy.
175	Bowles	Explains that NMFS authority is under the Endangered Species Act (ESA).
190	Chair Messerle	Asks for a definition of hatchery fish and wild fish.
194	Bowles	Responds and defines hatchery fish and wild fish, and the roles of both.
243	Chair Messerle	Asks about how the Department is planning to work with the wild fish.
258	Bowles	Elaborates on policies being considered and the need for continued feedback.
296	Chair Messerle	Asks about whether the Department’s long range vision is to keep wild and hatchery fish separate or to integrate the populations.
307	Bowles	Explains the long-term approach to integrate the populations.
317	Sen. Atkinson	Requests a definition of a conservation hatchery. Asks whether Oregon is committed to finding a middle ground of how hatcheries are constructed and run. Also, inquires whether Oregon will highlight any of its current hatcheries into that definition. Inquires whether some are more conservation-oriented.
360	Bowles	Clarifies that the definition is based on Oregon statute. Discusses roles of hatchery fish, and types of hatcheries.
436	Roy Elicker	Assistant Chief of Fish Division, and Legislative Coordinator, Oregon Department of Fish and Wildlife. Explains hatchery methods.
464	Sen. Atkinson	Inquires how far into the life cycle the experiment has run.
470	Elicker	Describes the Cle Elum, Washington experimental hatchery plan.
TAPE 6, A
073	Sen. R. Beyer	Comments on his perspective that a hatchery fish is not inferior; any fish that makes it back to spawn is a superior fish, no matter where it came from. Points out that the Oregon Department of Fish and Wildlife (ODFW) policy statement is to manage a fishery, which means both fish and fisherman. Expresses concern that fishermen have been removed from the equation. Also recalls that in his district, ODFW studied three rivers, but the study was not complete enough to draw support of local people, who want to have an impact. Illustrates that in northeastern Oregon, a tributary of the Walla Walla river was stocked with hatchery Chinook, which was inconsistent with the stated wild fish policy, because that river had not had any Chinook before. Urges consistency if a basin by basin approach is used.
101	Bowles	Responds that these issues will be addressed in the new policy, and briefly answers the Senator’s concerns.
137	Sen. Fisher	Objects to the statement that wild fish are superior. Draws comparison to wild wheat or oats. Suggests that fish gene pools are no longer pure. Expresses concern about money being spent to develop fish recovery programs, at the expense of homeowners and loggers. Asks about fish being clubbed on the Rogue River.
195	Bowles	Offers to return to the Committee with information about fish being clubbed on the Rogue River.
202	Chair Messerle	Asks for later testimony regarding species and sub-species, and also how the Department will work within the Oregon Plan.
219	Stephen Kafoury	Representing American Fisheries Society, Oregon Chapter. Introduces Dr. Hiram Li, professor at Oregon State University. Explains mission of the American Fisheries Society, and offers to assist the legislature by bringing science to the decision-making process. Presents written materials (EXHIBIT C).
262	Dr. Hiram Li	Professor, Oregon State University. Testifies and reviews submitted material. (EXHIBIT C).
305	Chair Messerle	Inquires about decrease in productivity and viability of progeny of wild fish spawning with hatchery fish.
320	Li	Expands on written materials, and describes hatchery operations.
366	Chair Messerle	Asks whether overstocking of streams is an issue.
377	Li	Describes results of overstocking.
404	Chair Messerle	Inquires about the difference between streams in Oregon and in Alaska.
420	Li	Elaborates.
440	Chair Messerle	Comments that habitat must be defined more closely.
TAPE 5, B
022	Sen. Shields	Asks for description of the interest of the American Fisheries Society in the process.
027	Kafoury	Describes mission to provide scientific information as a baseline for decisions of policy makers.
048	Chair Messerle	Closes informational meeting. Opens Public Hearing for SB 62.
SB 62 - PUBLIC HEARING
055	Ken Rocco	Legislative Fiscal Office. Presents overview of SB 62. Refers to submitted materials (EXHIBIT D).
106	Rocco	Continues reviewing submitted material.
127	Chair Messerle	Asks whether the Department would pay interest on principal borrowed from the account, and if so, at what rate and to whom.
130	Rocco	Describes the interest-tracking accounting.
147	Chair Messerle	Reiterates question of where interest is to be paid back.
157	Rocco	Offers to clarify language.
155	Sen. Fisher	Suggests the interest rate should be the same as if the money were borrowed from the State Treasury.
160	Rocco	Acknowledges agreement.
162	Sen. Fisher	Asks how the Department will account for the hatchery maintenance fund.
176	Rocco	Refers to written material from agency’s budget document (EXHIBIT E).
182	Sen. Fisher	Inquires about future use and accounting.
185	Rocco	Responds and continues reviewing submitted material.
213	Chair Messerle	Requests that amendments be prepared.
221	Phil Donovan	Representing Northwest Sport Fishing Industry Association. Testifies and refers to submitted material (EXHIBIT F).
265	Chair Messerle	Observes that the bill establishes how the fund will be managed. Asks whether the bill should be amended.
269	Donovan	Responds in support of the bill.
280	Chair Messerle	Closes public hearing. Opens public hearing on SB 285.
SB 285 - PUBLIC HEARING
290	Judith Callens	Provides overview of SB 285.
303	John Beaulieu	State Geologist, Department of Geology and Mineral Industries (DOGAMI). Introduces Don Christensen, Chair of the Governing Board. Submits written material (EXHIBITS H, I).
310	Don Christensen	Chair, Governing Board, DOGAMI. Testifies in favor of SB 285.
340	Beaulieu	Testifies in favor. Describes Department’s increasing responsibilities.
360	Chair Messerle	Confirms that Department has provided increased input on development projects. Asks whether the industry supports the bill.
370	Beaulieu	Confirms industry support. Describes membership of Board, and requests opportunity for further discussion if membership of Board would be specified.
399	Sen. Burdick	Asks where members come from.
400	Beaulieu	Describes emphasis on geographic representation.
Tape 6, B
010	Sen. R. Beyer	Inquires why the Board’s workload is expanding.
012	Beaulieu	Explanation of issues being handled by Board, and services provided.
026	Sen. R. Beyer	Asks about the role private industry plays in this arena.
036	Beaulieu	Describes projects, and private sector involvement.
055	Sen. R. Beyer	Expresses interest in learning from industry whether it wants an expanded board.
060	Chair Messerle	Mentions that there is a growing demand for information by many users.
070	Sen. Fisher	Observes his county has three commissioners, who accomplish their work.
078	Beaulieu	Describes agency’s efforts to gather comparative information about the size of other Boards.
094	Chair Messerle	Asks whether there would be an increased cost.
097	Beaulieu	Describes cost estimates.
114	Chair Messerle	Observes that with a three-member board, there may be trouble attaining a quorum.
118	Christensen	Confirms that no meetings have been cancelled for lack of quorum. Raises issue of public meeting law restrictions.
131	Sen. Fisher	Expresses satisfaction with DOGAMI’s performance so far.
140	Rich Angstrom	Managing Director, Oregon Concrete and Aggregate Producers Association. Testifies in support of bill.
177	Chair Messerle	Asks whether his organization supports the bill unanimously.
180	Angstrom	Expresses support of his industry.
186	Chair Messerle	Closes Public Hearing on SB 285.

189

Chair Messerle

Adjourns meeting at 9:40 a.m.

Submitted By, Reviewed By,

Patricia Nielsen, Judith Callens,

Committee Assistant Committee Administrator

EXHIBIT SUMMARY

A – Native Fish Conservation Policy, outline of testimony, Ed Bowles, 1 p

B – Native Fish Conservation Policy, written testimony, Ed Bowles, 4 pp

C – Managing Wild and Hatchery Fish in Oregon, Stephen Kafoury, 4 pp

D – SB 62, Financial Management Review of the Department of Fish and Wildlife, booklet, Joint Legislative Audit Committee, Ken Rocco, 44 pp

E – SB 62, ODFW Budget Page 289, Ken Rocco, 1 p

F – SB 62, Written testimony of Phil Donovan, 1 p

G – SB 62, Written testimony from Oregon Department of Fish and Wildlife, 1 p

H – SB 285, Written testimony from Oregon Department of Geology and Mineral Industries, John Beaulieu, 1 p

I – SB 285, Oregon Department of Geology and Mineral Industries, newsletter, 4 pp