HOUSE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

 

 

March 27, 2003   Hearing Room D

1:00 PM Tapes 50 – 51

 

 

MEMBERS PRESENT:            Rep. Jeff Kropf, Chair

Rep. George Gilman, Vice-Chair

Rep. Kelley Wirth, Vice-Chair

Rep. Terry Beyer

Rep. Dave Hunt

Rep. Donna Nelson

Rep. Patti Smith

 

STAFF PRESENT:                  Ray Kelly, Committee Administrator

David Peffley, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 3308 – Public Hearing

                                                HB 2416 – Public Hearing

                                                HB 3123 – Public Hearing and Work Session

                                                HB 3132 – Public Hearing

                                                HB 2344 – 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 50, A

003

Chair Kropf

Calls the meeting to order at 1:39 and opens a public hearing on          HB 3308.  Announces that HB 3308 will be amended.

HB 3308 - PUBLIC HEARING

020

Ray Kelly

Committee Administrator.  Summarizes HB 3308.  Announces -1 amendment (EXHIBIT A).

031

Senator Atkinson

Speaks to his bill and against Section 7. Informs the committee on the success of the Crater Lake license plate.

055

Chair Kropf

Talks about the expectations of this bill.

068

Hilary Abraham

The Nature Conservancy.  Submits (EXHIBIT B) and testifies regarding HB 3308.  Requests that this bill be sent to a work group and to help with the legal counsel.

135

Rep. Gilman

Addresses Section 7 of the bill and states that it is not a good source for money.

141

Abraham

Agrees with Rep. Gilman.

146

Steve West

Klamath County Commissioner.  Testifies against Section 7 and hopes that a different proposal would come forth as to how to fund the noxious weed problem.

200

Tim Butler

Oregon Department of Agriculture (ODA).  Affirms Abraham’s overview of the noxious weed task force.   Affirms ODA’s ongoing efforts to support the noxious weed plan.

239

Chair Kropf

Asks how much money we need to fix the problem.

241

Butler

Replies that we need about $8 million.

251

Rep. Beyer

Asks if this is a problem which will eventually abate.

260

Butler

States that it can improve, but that we need a stable base of funding.  Notes that cost prevention programs can keep the problems in check.

275

Chair Kropf

Recommends a task force and suggests Butler come back with a power-point presentation during the next hearing on this bill.

288

Rep. Nelson

Asks Butler to show proof of the 33-1 ratio.

297

Butler

States that he’d be happy to.

301

Keith Leavitt

Port of Portland.  States appreciation for the funding mechanisms of this bill and recommends looking for something competitive. Wishes to work on an amendment to this bill.

335

Chair Kropf

Asks if there are noxious weeds which come via the port.

338

Leavitt

States that is a safe assumption. 

340

Rep. Nelson

Asks for a clarification on the surcharge.

345

Leavitt

Defines the surcharge.

368

Rep. Nelson

Rephrases her question.

371

Leavitt

States the bill draft needs to be cleaned up.

390

Rep. Nelson

Responds to not unloading from any other vehicle at another port.

391

Chair Kropf

Notes trying to decrease the influx of weeds coming into port.

393

Chris Jarmer

Oregon Forest Industries Council (OFIC). Reaffirms how invasive noxious weeds can be, such as scotch broom.

411

Mark Simmons

Oregon Association of Nurserymen.  Supports the notion that this is a serious problem, but does not support HB 3308 as written.

452

Chair Kropf

Closes a public hearing on HB 3308 and opens a public hearing on    HB 2416.

TAPE 51, A

HB 2416 – PUBLIC HEARING

020

David Schmierbach

State Police Forensics Division.  Submits (EXHIBIT C) and testifies against what he considers a very incomplete definition of science.

048

Chair Kropf

Asks about the issue of expert opinion.

053

Schmierbach

Notes the discussion was to seek our legal counsel and determine whether counsel was giving the same information.

056

Rep. Nelson

Asks where the term discovery comes from.

058

Schmierbach

Responds out of a college text in division headquarters.

063

Rep. Nelson

Asks what kind of book.

065

Schmierback

Answers a general science text.

067

Rep. Beyer

Asks if the bill or the -1 amendments are being addressed.

068

Chair Kropf

Announces the -1 amendment (EXHIBIT D), and states that counsel is not in favor of the amendments in the present state.  Closes public hearing on HB 2416 and opens a public hearing on HB 3123.

HB  3123 – PUBLIC HEARING

085

Ray Kelly

Summarizes HB 3123.

100

Katie Fast

Supports (EXHIBIT E) and testifies in favor of HB 3123.  States the benefits of this legislation.

129

Rep. Wirth

Asks why this legislation was originally passed.

133

Fast

Answers that animal welfare groups put pressure on USDA to move to a less sensitive area.

142

Rodger Huffman

Administrator, Animal Health and Identification Division, Oregon Department of Agriculture (ODA).  Notes the place on the cattle where they are being branded is not the greatest but an acceptable one.

177

Chair Kropf

Close the public hearing on HB 3123 and opens a work session on    HB 3123.

HB 3123 – WORK SESSION

178

Rep. Smith

MOTION:  Moves HB 3123 to the floor with a DO PASS recommendation.

179

 

VOTE:  7-0

 

Chair Kropf

Hearing no objection, declares the motion CARRIED.

REP. SMITH will lead discussion on the floor.

179

Chair Kropf

Closes the work session on HB 3123 and opens a public hearing on   HB 3132.

HB 3132 – PUBLIC HEARING

RECESSES

182

Chair Kropf

Reopens the committee meeting.

185

Rep. Zauner

Submits (EXHIBIT F) and (EXHIBIT G) and testifies that the trumpeter swan is a predatory game bird.

228

Chair Kropf

Asks if the swans are predatory and whether that allows Oregon Department of Forestry and Wildlife (ODFW) to manage them differently.

231

Rep. Zauner

Answers that it will allow the farmer to protect his land.

238

Chair Kropf

Notes that there has never been a tundra swan hunt.

241

Rep. Zauner

Answers that is correct.

255

Rep. Wirth

Asks Rep. Zauner about his understanding of Federal Laws in relationship to the swans.

259

Rep. Zauner

Notes there is an overlay where some things can not be done.

265

Chair Kropf

Declares a conflict of interest.

290

Ron Anglin

Submits (EXHIBIT H) and testifies as a neutral party regarding the federal regulations regarding this legislation.  Talks about the classification and designation of trumpeter swans.

345

Eric Rickerson

Testifies as a neutral party submitting written testimony (EXHIBIT I) and offers background information on the biology relevant to the case of the trumpeter swan.

389

Chair Kropf

Asks about the effect of reclassification.

400

Rickerson

Responds to the effect.

TAPE 50, B

002

Chair Kropf

Clarifies that the status allows for damage take.

006

Rickerson

Answers that is correct.

008

Chair Kropf

States that the federal government could decide that this is not as big a problem as with geese and that it would not merit allowing take.

014

Rickerson

Answers that would be their option.

024

Rep. Nelson

Asks if there are any economic damage provisions to deal with predators. 

031

Anglin

Asks for clarification.

033

Rep. Nelson

Restates.

037

Anglin

Speaks to the broad authority of ODFW.

044

Rep. Wirth

Asks for the time estimate for the process.

048

Rickerson

Answers that the time frame could be between eighteen to thirty-six months.

055

Rep. Wirth

Asks how much of a problem it would be if the state passed a distinction between bird and game until the study was completed.

063

Rickerson

States that confusion could ensue.

082

Rep. Nelson

Asks if there is any common practical sense.

100

Anglin

States that Oregon Department of Forestry and Wildlife has authority

105

Rep. Nelson

Asks if we’ve ever done a study and then declared an emergency in this state.

121

Chair Kropf

Asks what the process was in getting an environmental impact on the geese causing depredation issues in the valley and how long it took.

130

Rickerson

Answers that it took a great deal of effort in the Willamette Valley.

136

Rep. Nelson

Comments on the State of Oregon in relation to international standards.

140

Chair Kropf

Closes the public hearing on HB 3132 and asks for opinions on this concept.

151

Rep. Nelson

States the need to move forward.

154

Chair Kropf

States the need for Oregon to petition the federal government for an Environmental Impact Study (EIS). 

166

Rep. Beyer

Responds negatively to the practice of shooting swans.

170

Rep. Wirth

States concern for passing a state law.

176

Rep. Nelson

Notes to move the bill forward and asks about rabid swans.

182

Chair Kropf

Reopens the public hearing on HB 3132.

HB 3132 – PUBLIC HEARING

190

Rickerson

States the need to work with the ODFW.

196

Chair Kropf

Asks if the goose predation issue is that which is covered in the Migratory Bird Act.

200

Rickerson

Answers in the affirmative.

225

Chair Kropf

Asks if there was an improper message sent in the past.

230

Rickerson

Answers that he doesn’t think that there was, and replies that ODFW had a good system in place working with the landowners and OFB.

244

Chair Kropf

Asks what the effect would be if we don’t reclassify.

251

Rickerson

States that the Rep. Zauner would be included in any discussions on how it is being addressed.

260

Rep. Zauner

States that he’s he is willing to work with ODFW.  Also notes that hunting scares geese away.

289

Chair Kropf

Closes the public hearing on HB 3132.

292

Rep. Gilman

Notes that he’s not sure this bill will solve the problem.

299

Chair Kropf

Closes a public hearing on HB 3132 and opens a public hearing on   HB 2344.

HB 2344 – PUBLIC HEARING

312

Chair Kropf

Addresses the -1 amendment (EXHIBIT J).

369

Bill Kluting

Western Counsel of Industrial Workers.  Speaks in favor of HB 2344.  Addresses the fire problem and saving mills from closing.

450

Rep. Nelson

Asks if it is customary to save the salvage.

TAPE 51, B

003

Kluting

Replies that in trying to maintain the forests, we could end up in the court process.

014

Kluting

Addresses the economic condition of the state.

021

Rep. Nelson

Asks if this issue started with the spotted owl.

 

Kluting

Replies that it started there.

027

Chair Kropf

Asks to look over the amendments and adjust them further. 

032

Rep. Wirth

Asks about fiscal impact of the amendment.

040

Rep. Nelson

Asks why this isn’t practical.

044

Chair Kropf

Discusses the task force.

058

Chair Kropf

Closes the public hearing on HB 2344 and adjourns the committee meeting at 3:10.

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT SUMMARY

 

A – HB 3308, -1 amendments, staff, 1 p.

B – HB 3308, written testimony, Hilary Abraham, 2 pp.

C – HB 2416, written testimony, David Schmierbach, 1 p.

D – HB 2416, -1 amendments, staff, 1 p.

E – HB 3123, written testimony, Katie Fast, 1 p.

F – HB 3132, written material, Rep. Zauner, 3 pp.

G – HB 3132, written testimony, Rep. Zauner, 1 p.

H – HB 3132, written testimony, Ron Anglin, 3 pp.

I – HB 3132, written testimony, Eric Rickerson, 2 pp.

J – HB 2344, -1 amendments, staff, 2 pp.