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