SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

January 26, 2001 Hearing Room B

8:00 AM Tapes 16 - 17

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: SB 214 Public Hearing

SB 285 Work Session

SB 302 Public Hearing and 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 16, A
005	Chair Messerle	Opens meeting at 8:07 a.m.
SB 285 - WORK SESSION
029	Judith Callens	Describes bill and (-2) amendments.
040	John Beaulieu	State Geologist. Testifies in support of amendments.
045	Sen. Atkinson	MOTION: Moves to ADOPT SB 285-2 amendments dated 1/26/01.
048		VOTE: 4-0 EXCUSED: 3 - Burdick, Deckert, Fisher
050	Chair Messerle	Hearing no objection, declares the motion CARRIED.
055	Sen. Atkinson	MOTION: Moves SB 285 to the floor with a DO PASS AS AMENDED recommendation.
060		VOTE: 7-0 AYE: In a roll call vote, all members present vote Aye. A motion is made later in the meeting to allow Senators Burdick, Deckert and Fisher to cast their aye votes.
065	Chair Messerle	The motion CARRIES. SEN. R. BEYER will lead discussion on the floor.
070	Chair Messerle	Closes work session on SB 285. Opens Public Hearing on SB 214.
SB 214 – PUBLIC HEARING
072	Callens	Presents bill.
075	Sen. Atkinson	Testifies in favor.
090	Sen. R. Beyer	Asks why the proposal should not be applied to the whole state.
095	Sen. Atkinson	Responds regarding efforts of tribes in the area.
100	Chair Messerle	Suggests that issue be taken up in another bill.
107	Roy Elicker	Legislative Coordinator, Oregon Department of Fish and Wildlife (ODFW). Testifies in favor and submits written testimony (EXHIBIT A).
139	Michael Mason	Representing Confederated Tribes of Warm Springs Reservation of Oregon. Testifies in favor.
170	Chair Messerle	Asks whether it should be referred to as it was stated before.
172	Mason	Affirms.
175	John Platt	Special Assistant to the Executive Director, Columbia River Intertribal Fish Commission. Testifies in favor.
205	Chair Messerle	Asks whether tribes concur with removing the reference to the Columbia River Fish Management Plan.
207	Platt	Confirms.
220	Chair Messerle	Closes Public Hearing on SB 214. Opens Public Hearing on SB 302.
SB 302 - PUBLIC HEARING
220	Callens	Presents bill.
230	John Lilly	Assistant Director, Division of State Lands (DSL). Testifies in support of bill. Refers to submitted written testimony (EXHIBIT B).
380	Sen. Atkinson	Asks about volume of fill exempted.
284	Lilly	Responds.
287	Sen. Atkinson	With respect to cleanup done after a flood, comments about difficulty of obtaining permission for certain land uses. Asks whether this bill addresses bank repair by hand or other smaller concerns.
302	Lilly	Responds.
310	Sen. Fisher	Asks about motorized removal of less than one cubic yard.
315	Lilly	Answers and explains.
325	Sen. Fisher	Asks whether a landowner could move material by hand away from the stream to a motorized vehicle nearby, or use a backhoe standing away from the streambed.
344	Lilly	Responds.
350	Sen. Fisher	Asks about limitation on length of time for the removal project.
360	Lilly	Explains.
370	Sen. Fisher	Inquires about restriction on single episode of removal.
380	Chair Messerle	Asks about problem to be solved by limiting motorized vehicles.
388	Lilly	Elaborates.
408	Chair Messerle	Recommends changing language of bill to accommodate motorized vehicles.
Tape 17, A
005	Jeanette Holman	Assistant Director, Division of State Lands. Responds regarding bill language.
020	Sen. R. Beyer	Asks about repealing exemptions in one bill and adding them in another bill.
030	Holman	Describes agency action.
040	Sen. R. Beyer	Recommends making all changes in one bill.
050	Lilly	Describes subject matter of different bills.
060	Sen. R. Beyer	Suggests making different sections effective at different times.
065	Holman	Responds.
073	Sen. Fisher	Expresses concerns about Environmental Protection Agency (EPA) enforcement and the difficulty if the state permits activities which the federal agency prohibits.
090	Lilly	Clarifies.
109	Chair Messerle	Raises additional questions about the federal agency response.
104	Sen. Fisher	Comments that people who have access to riverbeds need more flexibility for getting material out of riverbed.
120	Sen. Burdick	Asks how people tell where and when fish eggs are present.
130	Lilly	Responds.
135	Sen. Burdick	Asks about difficulty enforcing law as to people who don’t know where and when fish are present.
138	Lilly	Confirms.
140	Sen. Fisher	Asks how many people have been cited for motorized activity of less than 1 cubic yard.
150	Lilly	Responds.
155	Sen. Fisher	Inquires who has been complaining.
160	Lilly	Answers.
165	Chair Messerle	Asks for examples of activities which would be subject to permit.
170	Lilly	Describes examples.
180	Sen. Fisher	Inquires whether the bill includes beaches.
185	Lilly	Confirms.
200	Sen. Fisher	Asks about clam digging.
205	Lilly	Responds.
210	Janice Green	Recreational Fishing Alliance. Testifies in favor.
244	Chair Messerle	Asks whether uses described by Green could be done under permit.
250	Lilly	Confirms.
260	Chair Messerle	Closes public hearing on SB 302 at 8:53 a.m. Announces committee will not hear SB 181. Opens work session on SB 285.
SB 285 - WORK SESSION
280	Sen. Shields	MOTION: Moves to SUSPEND the rules for the purpose of allowing Senators Burdick, Deckert and Fisher to record their votes on Sen. Atkinson’s previous motion to move SB 285 to the floor with a do-pass as amended recommendation.
285		VOTE: 7-0
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
315	Chair Messerle	Adjourns the meeting at 8:55 a.m.

Submitted By, Reviewed By,

Patricia Nielsen, Judith Callens,

Committee Assistant Committee Administrator

EXHIBIT SUMMARY

A – SB 214, written testimony, Roy Elicker, Oregon Department of Fish and Wildlife, 1 p

B – SB 302. written testimony, John Lilly, Division of State Lands, 1 p