SENATE COMMITTEE ON

 AGRICULTURE AND NATURAL RESOURCES

 

 

February 07, 2003                                                                                                   Hearing Room B

10:00 a.m.                                                                                                                     Tapes 15 - 16

 

MEMBERS PRESENT:         Sen. Frank Shields, Chair

Sen. Roger Beyer, Vice-Chair

Sen. Bill Fisher

 

MEMBER EXCUSED:          Sen. Tony Corcoran

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

Megan Jensen, Committee Assistant

 

MEASURE/ISSUES HEARD:           SB 241 – Public Hearing and Work Session

SB 242 – Work Session

SB 99 – 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 15, A

005

Chair Shields

Calls committee meeting to order at 10:07 a.m. and opens a public hearing on SB 241.

SB 241 – PUBLIC HEARING

012

Judith Callens

Committee Administrator. Explains SB 241 and -1 amendments (EXHIBIT A).

025

Shawn Miller

Pacific Northwest Christmas Tree Association. Gives testimony in support of SB 241 and -1 amendments.

038

Sen. Fisher

Asks if the Department of Agriculture (ODA) has used its authority to assess penalties in the last four years.

042

Miller

Responds.

049

Daniel Wells

Oregon Association of Nuserymen. Gives testimony in support of SB 241 and -1 amendments.

054

Chuck Craig

ODA Deputy Director. Provides testimony in support of SB 241 and -1 amendments (EXHIBIT B).

069

Dan Hillburn

ODA. Gives examples of how ODA has used its authority to assess penalties in cases of violations.

080

Scott Ashcom

Oregon Agriculture Alliance. Provides testimony for SB 241 and -1 amendments (EXHIBIT C).

099

Chair Shields

Closes the public hearing on SB 241 and opens work session on SB 241.

SB 241 – WORK SESSION

111

Sen. Beyer

MOTION:  Moves to ADOPT SB 241-1 amendments dated 01/29/03.

 

 

VOTE:  3-0

EXCUSED:  1 - Sen. Corcoran

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

114

Sen. Beyer

MOTION:  Moves SB 241 to the floor with a DO PASS AS AMENDED recommendation.

117

 

VOTE:  3-0

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Sen. Corcoran

 

Chair Shields

The motion CARRIES.

SEN. BEYER will lead discussion on the floor.

Closes work session on SB 241 and opens work session on SB 242.

SB 242 – Work Session

136

Callens

Explains SB 242 and -1 amendments (EXHIBIT D).

162

Sen. Beyer

Asks about the fiscal impact of requesting additional full time employees for ODA to administer the program.

166

Craig

Responds.

180

Sen. Beyer

Asks if additional employees will be needed to administer the program.

183

Jim Kramer

ODA. Responds that one half-time employee will be required.

186

Chair Shields

Confirms that only one additional half-time employee would be hired.

189

Kramer

Explains.

215

Sen. Beyer

MOTION:  Moves to ADOPT SB 242-1 amendments dated 2/5/03.

218

 

VOTE:  3-0

EXCUSED:  1 - Sen. Corcoran

220

Chair Shields

Hearing no objection, declares the motion CARRIED.

222

Sen. Beyer

MOTION:  Moves SB 242 to the floor with a DO PASS AS AMENDED recommendation.

223

 

VOTE:  3-0

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Sen. Corcoran

 

Chair Shields

The motion CARRIES.

SEN. FISHER will lead discussion on the floor.

224

Chair Shields

Closes work session on SB 242 and opens public hearing on SB 99.

SB 99 – Public Hearing

225

Callens

Explains SB 99.

244

Sen. Joan Dukes

District 16. Testifies in support of SB 99 and suggests creating a separate shellfish license with dedicated funds to accomplish the following:

  • Restore the shellfish biologist
  • Fund the inspection program
  • Restore Oregon State Police (OSP) enforcement

356

Chair Shields

Inquires whether funds from a shellfish license could support hatcheries as well as shellfish management.

373

Sen. Dukes

Responds.

385

Chair Shields

Asks if there are other constituents who would like shellfish license fees to support hatcheries.

390

Sen. Dukes

Replies.

424

Sen.  Roger Beyer

District 9. Provides testimony in support of SB 99 and suggests that there not be a separate shellfish license.

TAPE 16, A

005

Sen. Beyer

Continues testimony in support of SB 99.

040

Wayne Van Dyke

Marion County. Provides testimony in support of SB 99 and states that the shellfish license should be added to an angling license.

088

Shirley Laviolette

Tillamook County Jetty Fishery Marina and RV Park. Provides written testimony against SB 99 (EXHIBIT E). Discusses the effects of shellfish license fees on tourist businesses.

125

Laviolette

Continues testimony against SB 99.

195

Laviolette

Continues testimony against SB 99.

283

Bob Jacobson

Lincoln County. Testifies in support of SB 99 and believes that shellfish need a comprehensive management program which could be funded by shellfish license fees.

340

Jacobson

Continues testimony in support of SB 99.

400

Jacobson

Continues testimony in support of SB 99.

TAPE 15, B

015

Wendy Farris

Northwest Equine Outfitters, Yamhill County. Testifies against SB 99 and discusses the effects of shellfish license fees on tourism.

124

Kay Brown

Oregon Department of Fish and Wildlife (ODFW). Provides written testimony on SB 99 (EXHIBIT F) and informs the committee of ODFW’s neutral stance on the issue. Provides clarification on how the bill would affect Oregon and discusses the potential revenue impact.

188

Sen. Fisher

Asks about a possible prohibition against out of state visitors taking shellfish.

198

Brown

Responds.

200

Sen. Fisher

Inquires why other states can prohibit out-of-state visitors taking shellfish but Oregon does not.

212

Brown

Offers to research the issue.

218

Sen. Beyer

Asks about OSP enforcement of shellfish permit holders.

228

Brown

Responds.

232

Lt. David Cleary

OSP. Discusses enforcement options for shellfish permits.

248

Sen. Fisher

Asks how many people are allowed to fish under one permit.

250

Cleary

Responds.

256

Sen. Fisher

Asks for clarification.

259

Cleary

Describes the permitting process.

262

Sen. Fisher

Inquires about enforcement policies if a fish is accidentally caught in a crab pot.

266

Cleary

Responds.

273

Sen. Fisher

Asks about the angling license fee.

275

Cleary

Replies.

278

Sen. Fisher

Asks for clarification.

282

Cleary

Confirms that SB 99 would add the taking of shellfish under the existing angling license.

293

Sen. Fisher

Questions what good will come from the small amount of revenue left once administrative costs are deducted.

301

Brown

Responds that Ways and Means will decide how the dollars are spent but assumes the funds will support a biologist position and general shellfish management.

311

Sen. Fisher

Comments that the return seems small.

315

Chair Shields

Recalls that the biologist position was eliminated during the most recent budget cuts.

325

Brown

Explains why the biologist position was eliminated.

327

Chair Shields

Asks for clarification.

329

Brown

Clarifies the duties of the potential biologist position.

351

Chair Shields

Inquires if ODFW knows what tourist revenue would be lost if the bill passes.

358

Brown

Responds that ODFW does not have that information.

365

Chair Shields

Asks whether it is better to incorporate shellfish into the angling license or provide a separate shellfish license.

375

Brown

Responds.

390

Sen. Fisher

Asks how ODFW restricts limits on shellfish harvesting.

408

Brown

Answers.

024

Peter Roscoe

Friends of the Razor Clam II (FORC II). Submits and presents written testimony supporting SB 99 (EXHIBIT G). Suggests that the bill should go further to protect shellfish resources and that the committee look into creating a separate shellfish license.

104

Sen. Fisher

Asks if he speaks for the FORC II group.

105

Roscoe

Affirms.

114

Phil Donovan

Northwest Sport Fishing Association. Testifies for SB 99. Remarks that anglers make a contribution to the management of fish and wildlife by buying a permit and that shellfish management requires a permit fee to protect resources as well.

145

Sen. Fisher

Remarks that all people enjoy nature but only hunters and fishers have to pay for licenses.

166

Donovan

Responds.

180

Jane Laviolette

Tillamook County Jetty Fishery Marina and RV Park. Testifies against SB 99. Comments on the commercial use of clams as bait and the effects a shellfish license would have on tourism.

251

Sen. Fisher

Comments that the potential overall effects of the bill are unknown.

285

Sen. Beyer

Suggests that ODFW can provide information on the number of commercial clammers.

310

Sen. Fisher

Suggests the issues merit further discussion.

322

Chair Shields

Proposes forming a citizen work group to further discuss shellfish license issues.

356

Sen. Fisher

Comments on how the work group should operate.

384

Chair Shields

Observes that the goal of the work group will be find an acceptable compromise.

410

Chair Shields

Closes the work session on SB 99 and adjourns the meeting at 11:55 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 241, 241-1 amendments dated 1/29/03, staff, 1 p

B – SB 241, written testimony, Chuck Craig, 1 p

C – SB 241, written testimony, Scott Ashcom, 1 p

D – SB 242, 242-1 amendments dated 2/5/03, staff, 1 p

E – SB 99, written testimony, Shirley Laviolette, 3 pp

F – SB 99, written testimony, Kay Brown, 5 pp

G – SB 99, written testimony, Peter Roscoe, 4 pp