SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

June 06, 2001 Hearing Room B

8:00 AM Tapes 122 - 125

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: HB 2536 A – Public Hearing and Work Session

HB 3002 A – Public Hearing and Work Session

HB 3556 A – Public Hearing and Work Session

HB 3564 A – Public Hearing and Work Session

HB 3637 A – Public Hearing and Work Session

SB 41 – Public Hearing and Work Session

HB 3981 A – 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 122, A
000	Chair Messerle	Opens the meeting at 8:21 a.m.
005	Chair Messerle	Opens simultaneous public hearings on HB 2536 A, HB 3002 A, HB 3564 A, HB 3637 A, and HB 3981 A.
HB 2536 A, HB 3002 A, HB 3564 A, HB 3637 A, and HB 3981 A – PUBLIC HEARING
010	Rep. Bob Jenson	District 57. Chair, House Stream Restoration and Species Recovery Committee. Testifies in favor of all bills. Explains each bill. Submits proposed dash-A5 amendment to HB 3564 A (EXHIBIT A). Expresses general agreement with amendments to HB 3637 A.
130	Chair Messerle	Inquires whether Rep. Jenson agrees with latest proposed amendments.
135	Rep. Jenson	Responds.
145	Rep. Jenson	Continues regarding HB 3981 A.
225	Vice-chair Shields	Regarding HB 3637 A, asks whether the committee considered that the Governor is required to appoint from certain interest groups, and also from geographical regions.
235	Rep. Jenson	Responds.
255	Vice-chair Shields	Raises issue that the commission has appointing authority of the director, subject to Senate confirmation.
270	Rep. Jenson	Explains.
295	Chair Messerle	Explains that he and Rep. Morgan have negotiated with the Governor regarding bill, and reduced the sunset from 2004 to 2003.
300	Rep. Jenson	Expresses agreement with that change.
305	Chair Messerle	Adjourns public hearings on HB 3002 A, HB 3564 A, HB 3637 A, and HB 3981 A. Continues public hearing on HB 2536 A.
HB 2536 A – PUBLIC HEARING
325	Geoff Huntington	Director, Oregon Watershed Enhancement Board (OWEB). Testifies in favor of bill as proposed.
330	Chair Messerle	Asks whether the Governor is agreeable with the bill.
332	Huntington	Explains.
335	Judith Callens	Committee Administrator. Presents bill.
340	Chair Messerle	Closes public hearing on HB 2536 A. Opens work session on HB 2536 A.
HB 2536 A – WORK SESSION
345	Sen. Atkinson	MOTION: Moves HB 2536A to the floor with a DO PASS recommendation.
350		VOTE: 6-0 EXCUSED: 1 - R. Beyer
	Chair Messerle	Hearing no objection, declares the motion CARRIED. SEN. ATKINSON will lead discussion on the floor.
355	Chair Messerle	Closes work session on HB 2536 A. Reopens public hearing on HB 3002 A.
HB 3002 A – PUBLIC HEARING
365	Callens	Presents bill. Presents possible conceptual amendments to bill (EXHIBIT B).
375	Huntington	Testifies in favor of bill with conceptual amendments.
400	Jim Myron	Oregon Trout. Testifies in support of bill with conceptual amendments.
435	Chair Messerle	Closes public hearing on HB 3002 A. Opens work session on HB 3002 A.
HB 3002 A – WORK SESSION
440	Sen. Fisher	MOTION: Moves to SUSPEND the rules for the purpose of considering a conceptual amendment to HB 3002 A.
445		VOTE: 5-0 EXCUSED: 2 - Atkinson, R. Beyer
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
450	Sen. Fisher	MOTION: Moves to adopt the committee amendment to HB 3002 A, as hand-engrossed.

455		VOTE: 5-0 EXCUSED: 2 - Atkinson, R. Beyer
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
460	Sen. Fisher	MOTION: Moves HB 3002A to the floor with a DO PASS AS AMENDED recommendation.
465		VOTE: 5-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Atkinson, R. Beyer
	Chair Messerle	The motion CARRIES. SEN. FISHER will lead discussion on the floor.
TAPE 123, A
010	Chair Messerle	Closes work session on HB 3002 A. Opens public hearing on HB 3556 A.
HB 3556 A – PUBLIC HEARING
015	Callens	Presents bill.
020	K. K. Burrell	Testifies in favor of bill, on behalf of Rep. Patti Smith. Submits written testimony (EXHIBIT C).
040	Chair Messerle	Closes public hearing on HB 3556 A. Opens work session on HB 3556 A.
HB 3556 A – WORK SESSION
045	Sen. Fisher	MOTION: Moves HB 3556A to the floor with a DO PASS recommendation.
050		VOTE: 5-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Atkinson, R. Beyer
	Chair Messerle	The motion CARRIES. SEN. SHIELDS will lead discussion on the floor.
055	Chair Messerle	Closes work session on HB 3556 A. Opens public hearing on HB 3564 A.
HB 3564 A – PUBLIC HEARING
050	Callens	Presents bill, fiscal and revenue impacts, and dash-A5 amendments (EXHIBIT A).
105	Chair Messerle	Asks for clarification of revenue impact.
110	Callens	Responds.
115	Mike Barsotti	Oregon Department of Forestry (ODF). Testifies in favor of bill and of dash-A5 amendments. Submits written testimony (EXHIBIT D).
145	Roy Elicker	Oregon Department of Fish and Wildlife (ODFW). Testifies in favor with dash-A5 amendments. Submits written testimony (EXHIBIT E).
150	Tom Imeson	Testifies in support.
155	Sen. Deckert	Asks about the problem to be solved.
160	Barsotti	Describes special assessments.
210	Sen. Deckert	Asks for examples of incentives.
215	Barsotti	Responds.
220	Chair Messerle	Explains the intent and effect of bill.
235	Sen. Burdick	Asks if bill provides seamless continuation of special assessment if land reverts to farm or forestry use.
240	Barsotti	Elaborates.
255	Sen. R. Beyer	Asks why the bill is needed to manage land.
270	Barsotti	Explains.
285	Sen. R. Beyer	Asks about working with biologist.
290	Barsotti	Responds.
300	Sen. R. Beyer	Asks whether there are ODFW biologists.
325	Barsotti	Answers.
330	Chair Messerle	Clarifies that landowners won’t lose tax incentives no matter who they work with.
345	Sen. R. Beyer	Asks about fiscal impact for the dash-A5 amendments and which agencies are affected.
350	Callens	Explains.
375	Sen. R. Beyer	Asks if dash-A5 amendments change the fiscal impact.
380	Chair Messerle	Closes public hearing on HB 3564 A. Opens work session on HB 3564 A.
HB 3564 A – WORK SESSION
385	Sen. Deckert	MOTION: Moves to ADOPT HB 3564-A5 amendments dated 5/29/01.
387		VOTE: 6-0 EXCUSED: 1 – Shields
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
390	Sen. Deckert	MOTION: Moves HB 3564A to the floor with a DO PASS AS AMENDED recommendation.
400	Sen. R. Beyer	Expresses concerns about bill.
405	Chair Messerle	Describes supporters of bill.
410		VOTE: 5-1 AYE: 5 - Atkinson, Burdick, Deckert, Fisher, Messerle NAY: 1 - Beyer R EXCUSED: 1 - Shields
	Chair Messerle	The motion CARRIES. SEN. DECKERT will lead discussion on the floor.
TAPE 122, B
020	Chair Messerle	Closes work session on HB 3564 A. Opens public hearing on HB 3637 A.
HB 3637 A - PUBLIC HEARING
025	Callens	Presents bill and dash–A23 amendments (EXHIBIT F).
050	Myron	Testifies in favor of bill with dash-A23 amendments.
065	Al Elkins	Oregon Hunter’s Association. Testifies in support with dash-A23 amendments.
070	Rod Harder	Oregon Sportsmen’s Defense Fund. Testifies in favor of bill with dash-A23 amendments.
095	Chair Messerle	Closes public hearing on HB 3637 A. Opens work session on HB 3637 A.
HB 3637 A – WORK SESSION
100	Sen. Atkinson	MOTION: Moves to ADOPT HB 3637-A23 amendments dated 6/5/01.
105		VOTE: 6-1 AYE: 6 – Atkinson, Burdick, Deckert, Fisher, Shields, Messerle NAY: 1 – Beyer R
	Chair Messerle	The motion CARRIES.
110	Sen. Atkinson	MOTION: Moves HB 3637A to the floor with a DO PASS AS AMENDED recommendation.
115		VOTE: 7-0 AYE: In a roll call vote, all members present vote Aye.
	Chair Messerle	The motion CARRIES. SEN. MESSERLE will lead discussion on the floor.
120	Chair Messerle	Closes work session on HB 3637 A. Opens public hearing on SB 41.
SB 41 – PUBLIC HEARING
125	Callens	Presents bill and dash-7 amendments (EXHIBIT G).
140	Sen. Ted Ferrioli	District 28. Testifies in favor of bill with dash-7 amendments.
165	Elicker	Testifies on dash-7 amendments. Submits written testimony (EXHIBIT H).
220	Lt. Cynthia Kok	Oregon State Police (OSP) Fish and Wildlife Division. Testifies on dash-7 amendments. Submits written testimony (EXHIBIT I).
255	Sen. Fisher	Asks about DNA testing in deer near Roseburg.
260	Kok	Responds.
270	Sen. Fisher	Comments on his experience trying to get the sale of meat and parts approved.
345	Chair Messerle	Asks whether dash-7 amendments address ODFW and OSP concerns.
365	Sen. Fisher	Advises there is licensed private slaughter of animals.
385	Sen. Ferrioli	Asks about location of production source of meat available for sale in Oregon.
390	Kok	Responds.
415	Sen. Ferrioli	Describes agency hostility. Advises this is meant to be a business opportunities for rural Oregonians.
TAPE 123, B
030	Sen. Fisher	Recommends that OSP spend resources trying to stop poachers, rather than over-enforce rules regarding illegal meat and bone sales.
060	Pete Test	Oregon Farm Bureau. Testifies in favor of bill with dash-7 amendments. Submits written testimony (EXHIBIT J).
105	Chair Messerle	Discusses requested conceptual amendment.
110	Mike Kilpatrick	Licensed elk rancher. President, North American Elk Breeders Association. Testifies in favor of bill.
185	Chair Messerle	Comments there is nothing in place now to have game wardens check wild elk from other states being brought to Oregon.
190	Katie Cate	Oregon Cattlemen’s Association. Testifies in support of bill with dash-7 amendments. Refers to her written testimony from previous hearing.
205	Russ Wohlers	Restaurant owner in Bend, Oregon. Testifies in favor of bill and dash-7 amendments.
220	Sen. Fisher	Asks if any elk meat is being served in restaurants.
230	Wohlers	Explains.
245	Steve Simpson	Newly licensed elk rancher. Testifies in favor of bill.
285	Lonnie Woosley	Elk rancher in Florence. Testifies in favor.
295	Louise Woosley	Testifies in favor. Describes DNA testing being done on domestic elk.
310	Rod Harder	Testifies in opposition. Refers to Department of Justice (DOJ) opinion submitted with EXHIBIT I. Recommends a penalty for non-compliance.
390	Phil Donovan	Oregon Guides and Packers Association. Testifies in opposition to bill and amendments. Submits written testimony (EXHIBIT K).
TAPE 124, A
005	Elkins	Testifies in opposition to bill and dash-7 amendments.
020	Chair Messerle	Asks why other wild animal meat is different from elk meat.
025	Donovan	Responds.
030	Harder	Responds.
035	Chair Messerle	Asks whether poaching is a problem with wild birds.
038	Harder	Answers.
040	Sen. Fisher	Discusses Attorney General’s opinion.
065	Chuck Woosley	Oregon Division, Izaak Walton League of America. Testifies in opposition to elk ranching in any form.
135	Sen. Fisher	Comments those groups did not once vote on any sale of any animal parts for any purpose in Oregon, including wild duck feathers used for fly-tying, despite constant amendments offered.
170	C. Woosley	Responds.
180	Chair Messerle	Closes public hearing on SB 41. Opens work session on SB 41.
SB 41 – WORK SESSION
190	Sen. R. Beyer	Asks how an elk is different from an endangered salmon.
195	Kok	Responds.
205	Sen. R. Beyer	Asks why ODFW condones fishing of endangered salmon, but objects to elk process.
210	Elicker	Elaborates.
235	Sen. R. Beyer	Asks about penalties for non-compliance.
240	Kok	Responds.
245	Sen. R. Beyer	Asks if poaching elk would be an OSP enforcement issue.
250	Kok	Describes.
260	Sen. Fisher	Suggests increasing the penalties for poachers rather than restricting ranchers further.
280	Chair Messerle	Suggests managing poaching of elk, and creating penalties for non-compliance.
290	Kok	Responds.
295	Chair Messerle	Suggests there is a difference between meat from wild and domestic animals.
320	Sen. R. Beyer	Asks who regulated salmon raising facilities in Oregon when they operated.
325	Elicker	Responds.
350	Sen. R. Beyer	Asks if rules allowing raising salmon are still in effect.
355	Elicker	Answers.
365	Sen. R. Beyer	Comments that if all elk facilities are regulated, the department could determine whether there is any poaching.
385	Kok	Responds.
400	Sen. R. Beyer	Asks whether there are the same issues with fish and quail.
410	Sen. Fisher	Comments about restrictions on taxidermists, similar to those on meat.
TAPE 125, A
005	Sen. Fisher	MOTION: Moves to ADOPT SB 41-7 amendments dated 6/5/01.
		VOTE: 4-0 EXCUSED: 3 - Burdick, Deckert, Shields
010	Chair Messerle	Hearing no objection, declares the motion CARRIED.
020	Sen. Fisher	MOTION: Moves SB 41 to the floor with a DO PASS AS AMENDED recommendation.
025	Sen. R. Beyer	Comments about his reservations on the bill, because of the inconsistent behavior of the department.
030		VOTE: 4-2 AYE: 4 - Atkinson, Beyer R, Fisher, Messerle NAY: 2 - Burdick, Deckert EXCUSED: 1 – Shields
	Chair Messerle	The motion CARRIES. SEN. FERRIOLI will lead discussion on the floor.
045	Chair Messerle	Closes work session on SB 41. Opens public hearing on HB 3981 A.
3981 A – PUBLIC HEARING
055	Callens	Presents bill and dash-A5 amendments (EXHIBIT L). Describes fiscal impact.

110	Chair Messerle	Describes development of bill, and Governor’s support for the safe harbor program.
135	Elicker	Testifies and raises concerns.
155	Chair Messerle	Advises that legislative counsel wrote language to restate existing law or rule-making authority of department.
165	Elicker	Continues.
195	Myron	Testifies in opposition to bill because of fiscal impact on agency. If dash-A5 amendments are adopted, recommends sending the bill to Ways and Means.
220	Stephen Kafoury	Testifies in opposition. Suggests the bill go to Ways and Means.
260	Chair Messerle	Comments that safe harbor is by rule, to be completed by ODFW.
265	Donovan	Northwest Sportfishing Association. Testifies without position, but expresses approval of having the information.
285	Sen. R. Beyer	Asks whether it is appropriate for the legislature to mandate the executive branch to do something.
320	Elicker	Responds.
325	Sen. Burdick	Asks how the state Endangered Species Act (ESA) compares to the federal ESA before and after these amendments.
345	Elicker	Explains.
380	Sen. Burdick	Asks how the two different acts apply to state lands.
390	Kafoury	Responds.
400	Sen. Burdick	Asks which requirements apply if both federal and state governments have listed a species.
405	Kafoury	Responds and explains.
TAPE 124, B
010	Callens	Reports from legislative counsel.
015	Chair Messerle	Advises he wants to pass the bill and let leadership decide whether to send to Ways and Means. Closes public hearing on HB 3981 A. Opens work session on HB 3981 A.
HB 3981 A – WORK SESSION
025	Sen. Burdick	Explains her no vote.
035	Sen. Fisher	MOTION: Moves to ADOPT HB 3981-A5 amendments dated 6/6/01.
035		VOTE: 6-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 – Shields
	Chair Messerle	The motion CARRIES.

040	Sen. Fisher	MOTION: Moves HB 3981A to the floor with a DO PASS AS AMENDED recommendation.
040		VOTE: 4-2 AYE: 4 - Atkinson, Beyer R, Fisher, Messerle NAY: 2 - Burdick, Deckert EXCUSED: 1 – Shields
	Chair Messerle	The motion CARRIES. R. BEYER will lead discussion on the floor.
045	Chair Messerle	Closes work session on HB 3981 A. Adjourns meeting at 11:12 a.m.

Submitted By, Reviewed By,

Patricia Nielsen, Judith Callens,

Committee Assistant Committee Administrator

EXHIBIT SUMMARY

A – HB 3564 A, proposed dash-A5 amendments, Rep. Jenson, 2 pp

B – HB 3002 A, proposed conceptual amendment, staff, 2 pp

C – HB 3556 A, written testimony, Rep. Patti Smith, 2 pp

D – HB 3564 A, written testimony, Mike Barsotti, ODF, 7 pp

E – HB 3564 A, written testimony, Roy Elicker, ODFW, 5 pp

F – HB 3637 A, proposed dash-A23 amendments, staff, 1 p

G – SB 41, proposed dash-7 amendments, staff, 2 pp

H – SB 41, written testimony, Roy Elicker, ODFW, 7 pp

I – SB 41, written testimony, Lt. Cynthia Kok, OSP, 2 pp

J – SB 41, written testimony, Pete Test, Oregon Farm Bureau Association, 1 p

K – SB 41, written testimony, Phil Donovan, Oregon Guides and Packers Association, 1 p

L – HB 3981, proposed dash-A5 amendments, staff, 4 pp