HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

June 27, 2003 Hearing Room HR C

10:00 AM Tapes  79 - 80

 

MEMBERS PRESENT:            Rep. Bill Garrard, Chair

Rep. Dennis Richardson, Vice-Chair

Rep. Cliff Zauner, Vice-Chair

Rep. Robert Ackerman

Rep. Dan Doyle

Rep. Mitch Greenlick

Rep. Diane Rosenbaum

 

 

STAFF PRESENT:                  Ray Kelly, Committee Administrator

David Peffley, Committee Assistant

 

 

MEASURES HEARD:                     HB 2458 – 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 79, A

003

Chair Garrard

Calls the meeting to order at 10:07 and opens a work session on              HB 2458.

HB 2458 – WORK SESSION

008

Ray Kelly

Committee Administrator.  Addresses the changes in HB 2458 from the original bill to the present form as evidenced in the -2 amendments (EXHIBIT A).

047

Rep. Bob Jenson

HD 58.  Testifies with support for HB 2458.  Addresses the -2 amendments which significantly changed the original bill with a great degree of input from Oregon Department of Fish and Wildlife (ODFW) and the Governor’s office.

083

Roy Elicker

Deputy Director, ODFW.   Testifies in favor of the -2 amendments to HB 2458 and summarizes the effects of the bill.  Highlights the four main implications of the bill. 

103

Rep. Rosenbaum

Asks the significance of changing the goal of the state Endangered Species Act (ESA) from conservation to recovery.

110

Elicker

States that it makes Oregon’s ESA more consistent with the Federal ESA. 

133

Rep. Rosenbaum

Asks for clarification on the restoration of delisted species.

140

Elicker

Continues with the criteria for listing and delisting species.  Readdresses the third and fourth implications of HB 2458.

166

Rep. Greenlick

Asks if ODFW originally supported HB 2458.

169

Elicker

States that ODFW supported HB 2468, but not HB 2458.

172

Rep. Greenlick

Asks what in the -2 amendments came about as a result of the concerns raised during the original discussions on the bill.

182

Elicker

Replies that this bill is essentially HB 2468 after the gut and stuff provisions.

188

Rep. Greenlick

Asks Elicker to address the work group sessions.

191

Elicker

Defers to Rep. Jenson.

200

Rep. Jenson

Addresses the process in which the bill was amended and the work group in which neither he nor his staff were present. 

246

Rep. Greenlick

Asks if we’re just sending the same bill under a different number.

254

Rep. Jenson

Notes that it is essentially the same, since HB 2468 is buried in the Sentate committee which is presently closed.  Notes that there was only one significant amendment and that is Section 2, 1 sub E. 

300

Stephen Kafoury

States that the Wildlife Society is not necessarily against HB 2468, but feels that certain concerns need to be addressed.  Responds to Rep. Greenlick’s concerns about the Senate negotiations.

347

Jay Ward

Conservation Director, Oregon Natural Resources Council.  Submits (EXHIBIT B) and addresses concerns with Section 2, especially Section 2 sub 1, B.   Asserts that take should be the last resort, and not the first.  Expresses concern about tying the Oregon ESA to the        4(d) rules.  Continues by addressing other concerns.

TAPE 80, A

001

Rep. Rosenbaum

Asks Ward to address the Modoc Sucker and the Grey Wolf.

006

Ward

Acknowledges that he can’t speak to the modoc sucker, but asserts that the this legislation seems aimed at the grey wolf.

015

Rep Greenlick

Refers to Page 6, Subsection 9 and asks about removing protection for a species due to other recovery efforts.

033

Ward

Addresses Rep. Greenlick’s concerns and continues by addressing concerns surrounding delisting criteria.

074

Chair Garrard

Recesses the meeting.

075

Chair Garrard

Reconvenes the meeting.

077

Rep. Zauner

MOTION:  Moves to ADOPT HB  2458-2 amendments dated 6/25/03.

081

 

VOTE:  4-3

AYE:               4 - Doyle, Richardson, Zauner, Garrard

NAY:               3 - Ackerman, Greenlick, Rosenbaum

082

Chair Garrard

The motion CARRIES.

086

Rep. Zauner

MOTION:  Moves HB 2458 to the floor with a DO PASS AS AMENDED recommendation.

090

Rep. Rosenbaum

State that she will vote nay as she has significant reservations.  Asserts that it the bill is too limiting to the authority of the department.

111

Rep. Greenlick

States that he will also vote nay, but expresses hope that the bill can move toward a consensus.

122

Rep. Ackerman

Expresses concern over the possibility of waiving the permit process.

134

 

VOTE:  4-3

AYE:               4 - Doyle, Richardson, Zauner, Garrard

NAY:               3 - Ackerman, Greenlick, Rosenbaum

139

Chair Garrard

The motion CARRIES.

145

Chair Garrard

Closes the work session on HB 2458 and adjourns the meeting at  10:49 A.M.

The following prepared testimony has been submitted for the record without public testimony for HB 2458.

 

Jim Myron

Submits (EXHIBIT C).

 

 

EXHIBIT SUMMARY

 

A – HB 2458, -2 amendments, staff, 12 pp.

B – HB 2458, written testimony, Jay Ward, 5 pp.

C – HB 2458, written testimony, Jim Myron, 1 p.