HOUSE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

 

 

January 21, 2005   Hearing Room C

9:00 AM     Tapes  4 - 6

Corrected 9/26/2005)

MEMBERS PRESENT:            Rep. Patti Smith, Chair

Rep. Brian Boquist, Vice-Chair

Rep. Terry Beyer

Rep. Chuck Burley

Rep. Mark Hass

Rep. Mac Sumner

 

MEMBERS EXCUSED:             Rep. Arnie Roblan, Vice-Chair

 

 

STAFF PRESENT:                  Patrick Brennan, Committee Administrator

Jania Zeeb, Committee Assistant

 

 

ISSUES HEARD & WITNESSES:

                                    Informational Meeting:

                                                Mike Carrier , Governor’s Natural Resource Office

                                                Jim Myron, Governor’s Natural Resource Office

                                                Katy Coba, Oregon Department of Agriculture

                                                Chuck Craig, Oregon Department of Agriculture

                                                Lindsay Ball, Oregon Department of Fish and Wildlife           

                                                Marvin Brown, Oregon Department of Forestry

                                                Dan Postrel, Oregon Department of Forestry

                                                Tim Wood,  Oregon Parks and Recreation Department

                                                Mike Grainey, Oregon Department of Energy

                                               

 

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 4, A

004

Chair Smith

Calls the meeting to order at 9:00 a.m., and opens informational meeting.

INFORMATIONAL MEETING

GOVERNOR’S NATURAL RESOURCE OFFICE

010

Chair Smith

Notifies the members of the change in the order of presentations.

022

Mike Carrier

Policy Director, Governor’s Natural Resource Office.  Explains the purpose of the Governor’s Natural Resource Office along with how it is organized, who it interacts with, and its different functions.

043

Carrier

States that much of their time is spent working on fish and wildlife issues, water issues, forestry, energy, sustainability, and Willamette River issues. 

050

Carrier

Explains that the office strives to work closely with the natural resources agencies in developing policy.  Says there are 16 to 17 entities that sit on the Governor’s Natural Resources cabinet, which helps ensure consistency in policy position, eliminate duplication of effort, and allow Oregon to “speak with one voice.”

071

Jim Myron

Policy Advisor Governor’s Natural Resources.  Offers to answer any questions the committee has.

077

Chair Smith

Inquires how the Governor’s office achieves consensus on decisions.

080

Carrier

Gives an example. 

087

Chair Smith

Asks if Mr. Carrier is speaking about the agencies with one voice.

089

Carrier

Responds that Chair Smith is correct, the Governor’s Natural Resource Office represents the agencies in the executive branch. 

090

Rep. Burley

Inquires how to effectively collaborate with local governments, stakeholders, and other interested parties to consider a full range of public input on how road-less areas should be managed.  Wonders about plans in Oregon to take advantage of the appeal process if the roadless rule becomes final.

111

Carrier

Answers that the Governor opposes the 2004 roadless rule.  The Board of Forestry and the State Forester will be the source of forest policy direction for Oregon, along with the Governor’s office, in both federally owned lands and state owned lands. 

145

Rep. Boquist

Expresses his opinion about the one voice concept.  States that he considers one voice to be a unity effort and an individual voice.

OREGON DEPARTMENT OF AGRICULTURE

160

Katy Coba

Director of Oregon Department of Agriculture (ODA).  Refers to packet of information (EXHIBIT A)

174

Coba

Reads from prepared testimony in (EXHIBIT A).  Gives history of the Department of Agriculture.

211

Coba

States that the Agriculture industry is extremely diverse and as a result ODA is extremely diverse.

215

Coba

Refers to the Strategic Road Map on page four of the Biennial Report in (EXHIBIT A).

242

Coba

Explains the importance of marketing and expands on what the department has been doing to market Oregon products. 

256

Coba

Expands on page five of the Biennial Report (EXHIBIT A).

285

Coba

Details the strategic area of concentration the organization that is focused on responding to pests, disease and other threats to agriculture.

300

Coba

Discusses the ODA’s role in Food Safety. 

347

Coba

States that the ODA is involved in the Governor Kulongoski’s efforts around regulatory streamlining.  As a result they have reviewed their administrative rules and have eliminated some of them as a result.

353

Coba

Refers to a bill this session which changes ODA’s board from being an advisory body to a policy body.

363

Rep. Beyer

Inquires whether the Biennial Report a new report.

367

Coba

Responds that this is a document that began about five years ago.

375

Rep. Beyer

Asks if there have been any substantial changes in those five years. 

378

Coba

Answers that there have been changes, but nothing substantial. 

384

Rep. Beyer

Inquires if the streamlining piece is more recent than the rest of the publication.

389

Coba

Responds that the department did add that section because it is a priority of the Governor.  Streamlining is something the department takes very seriously and has been doing for a number of years.

399

Rep. Smith

Requests an example of a rule that has been changed as a result of streamlining.

406

Coba

Responds that all divisions were asked to review their rules.  Gives an example of updating rules from their plant division.

424

Chuck Craig

Deputy Director, ODA.  Gives another example from the Confined Animal Feeding Operations program.

TAPE 5, A

020

Rep. Burley

States the food inspection program is funded by permit fees  Asks Ms. Coba to provide an update them on the status of the problem. 

023

Coba

Gives a history of the food safety program and explains the consequences decisions made by the 2003 Legislative Assembly.

058

Rep. Hass

Solicits Ms. Coba opinion on whether there is more that can be done with the Brand Oregon program or if she thinks the program is being fully utilized.  Also asks if the department needs legislation to help them fully utilize the Brand Oregon program.

063

Coba

Answers that Rep. Hass is correct the Brand Oregon program is very popular and good for Oregon agriculture.  Notes that Oregon invests $500,000 in funds and that private interests also contribute to the program.  Acknowledges that the resources do not compare with the investments spent in California so additional resources would help.  Remarks that legislation might not be needed because the board has taken an interest in the program.

091

Rep. Sumner

States that Oregon farms need to remain viable and profitable, and that he is looking forward to working with the department.

109

Coba

Concurs.

114

Chair Smith

Asks about the reasons for the changes to the board and asks whether the committee will hear more about them at a later time.

118

Coba

Responds that the committee will hear more later.  Explains their reasons for wanting to make the change. 

OREGON DEPARTMENT OF FISH AND WILDLIFE

150

Lindsay Ball

Director, Oregon Department of Fish and Wildlife.  Submits and reads prepared testimony regarding the Department of Fish and Wildlife (EXHIBIT B).

204

Ball

Explains why the Department is split into a Fish Division and a Wildlife Division.

276

Chair Smith

Inquires if that is where the Bonneville Power Administration (BPA) funds are held.

278

Ball

Responds affirmatively.

279

Chair Smith

Asks how much the department gets per year from the BPA.

289

Ball

Answers that he does not have the numbers with him, but that there is about $13 million from BPA-funded programs in the Columbia basin to the State of Oregon.  Indicates that the total amount of BPA funds within the Columbia basin is about $139 million, noting that the numbers need to be verified. 

290

Chair Smith

Inquires if that information could be provided to the committee and if the programs are ongoing.

293

Ball

Explains the steps of the review of the projects.

361

Ball

Talks about the success of the Shellfish license that was created in the 2003 session.

391

Rep. Beyer

Asks if the department received a lot of complaints, in regards to the Shellfish license, or if it was a smooth transition.

397

Ball

Responds that the department received a few complaints when the program started but they were relatively minor.  Adds that the public has been accepting the program and the need for the license.

419

Rep. Beyer

Wonders if there is any way of knowing whether charging a fee has had an affect on the number of non-residents who are coming to Oregon for Shellfish.

TAPE 4, B

011

Ball

Asks if Rep. Beyer means how many people continue to come to Oregon.

014

Rep. Beyer

Inquires how to measure how many people stopped coming from other states when Oregon began issuing the license.

015

Ball

Responds it is difficult to compare how many people were here prior to the license requirement because there is no way to get the data. 

032

Rep. Boquist

Inquires about the Governor’s program to give current serving military a free hunting and fishing license.

039

Ball

Tells Rep. Bouqist that the program is being administered through the Military Department.  Explains how the program would work from the view of the department. 

064

Rep. Boquist

Expresses concerns on the wolf management plan.  Wonders if that is a topic that will be talked about later or if it could be discussed now.

077

Ball

Explains the issue of wolves as it relates to Oregon.  Says that Oregon Statute requires the management of wolves and that a livestock owner cannot currently kill a wolf that is killing their livestock.  Says a process is underway to develop a wolf conservation plan that could provide for lethal take for the protection of livestock.  References the Wolf Advisory Committee that is working on a conservation plan adding that a public hearing is scheduled for February 10 with final rulemaking anticipated on February 11.

132

Chair Smith

Asks if the decision made on February 11, 2005 will take into account the legislative action that is required.

134

Ball

Answers that there will nee to be three statutory changes in support of the plan.  Explains the changes needed are; 

  • Compensation for loss of life stock
  • Flexibility in managing wolves
  • Lethal take would be allowed

157

Chair Smith

Inquires if the department could adopt a plan on February 11 that would not require statutory changes, and therefore would not be addressed during this legislative session. 

159

Ball

States that they could adopt such a plan.

164

Chair Smith

Inquires if he knows if the changes will be this session.

165

Ball

Responds that he anticipates that the legislative changes be brought forth during the 2005 Legislative Session.

167

Chair Smith

Asks how much money has been spent on this program.

169

Ball

Answers that the expenses on the wolf management plan have been charged to a federal account, though he cannot quote the exact amount at this time.

174

Chair Smith

Requests that Mr. Ball provide the committee with the information at a later time.

175

Ball

Responds that he will. 

177

Rep. Burley

Inquires why wolves can be taken under the federal Endangered Species Act (ESA), but not under the Oregon Endangered Species Act (OESA).

182

Ball

Remarks that the state OESA is more restrictive with respect to lethal take than the federal ESA. 

196

Rep. Burley

Questions that interpretation, given that Oregon is not inside the boundary set for the experimental population.  Asserts that the wolf does not have the same benefits of an experimental status in Oregon, and therefore should have the same take restrictions as other threatened or endangered status species. 

201

Ball

Responds that there are more liberal exceptions under the experimental boundary designation than there are outside. 

211

Rep. Burley

Inquires if he is correct in stating that Oregon is outside the boundry.

216

Ball

Responds that Rep. Burley is correct.

217

Rep. Burley

Asks for confirmation that Oregon does not enjoy the liberal exceptions under the federal ESA, and therefore wolves cannot be taken in Oregon under the federal ESA.

220

Ball

Answers that Rep. Burley is correct though the U.S. Fish and Wildlife Service can write provisions to allow such a take. 

220

Rep. Boquist

Requests confirmation that passage of the wolf management plan would necessitate statutory changes.

233

Ball

Explains the OESA provisions.  States that a provision can be written into the state wolf management plan to allow for the taking of a wolf that is preying on livestock.

259

Rep. Boquist

Inquires if the three statutory changes would need to be addressed this session. 

279

Ball

Reviews the three statute changes and what they would do.

289

Rep. Sumner

Comments on the financial result and the reason for reintroducing extinct species.  Asks what the department is doing to help control the mountain lion population.

316

Ball

Informs the committee of  the history of the cougar problem.  States that the department is currently doing everything they can to allow people to protect their lands.

397

Rep. Sumner

Expresses appreciation to Mr. Ball for his helpfulness in briefing him.

407

Ball

Informs the committee of an informational meeting with the Republican Caucus on January 25, 2005 to present the issue of wolves.

OREGON DEPARTMENT OF FORESTRY

423

Marvin Brown

State Forester, Oregon Department of Forestry.  Submits and presents a PowerPoint presentation regarding the Department of Forestry (EXHIBIT C).  Gives an overview of the department.

464

Brown

Explains the budget and staffing of the department on page three (EXHIBIT C).

TAPE 5, B

049

Brown

Expands on the graph on page five (EXHIBIT C).

094

Brown

Expands on  the values and issues in forest management on pages 10 and 11 (EXHIBIT C).

134

Brown

Comments on the need to place more importance on urban and community forestry in the future.

148

Chair Smith

Inquires what is considered an urban forest.

150

Brown

States that an urban forest is anything that exists in a heavily populated area. 

160

Chair Smith

Requests that Mr. Brown give her an example of the difference in managing an urban forest.

162

Brown

Gives an example from Washington County. 

174

Brown

Expands on succession management page 12 (EXHIBIT C).

193

Brown

Highlights business systems and management processes.

OREGON PARKS AND RECREATION DEPARTMENT

211

Tim Wood

Director, Oregon Parks and Recreation Department (OPRD).  Submits and reads written testimony (EXHIBIT D).  Gives the history of the department and explains how it is organized.

226

Wood

Explains organization chart on page two (EXHIBIT D).

286

Wood

Gives information on  the Target 2014 Program and the eight goals.  States that he will provide the committee with a pamphlet containing more information on the program at a later date.

319

Wood

Expands on the different programs in the Parks and Recreation department.

368

Wood

Expands on and explains the pie chart on page five (EXHIBIT D).

408

Wood

Describes the departments estimated expenditures for 2005 to 2007.

TAPE 6, A

012

Wood

Expands on the key legislative issues that are important to the Parks and Recreation Department this session. 

027

Rep. Burley

States that he served for five years on the Bend Metro Parks and Recreation District Board of Directors.  Expresses gratitude for the grants that are available through the department.

031

Chair Smith

Inquires if Mr. Wood can help with constituent complaints about a lack of restrooms in the Columbia River Gorge Scenic Area.

035

Wood

Responds that there are many parks in the Columbia River Gorge with restrooms that may be used free of charge.

036

Chair Smith

Inquires if they all have a fee.

037

Wood

Lists the parks that charge fees and the ones that do not.

OREGON DEPARTMENT OF ENERGY

045

Mike Grainey

Director of the Oregon Department of Energy.  Submits and presents written testimony (EXHIBIT E).

077

Grainey

Discusses the energy crisis of 2000-2001 and expanded on the consequences.  Explains the changes the 2001 Legislature made. 

088

Grainey

Lists the results of the changes that were made by the 2001 Legislature. 

  • Power supply situation has improved.
  • Energy efficiency efforts have improved.

128

Grainey

Mentions the renewable energy action plan (EXHIBIT E).

139

Grainey

Discusses the price overcharge investigations. 

154

Grainey

Remarks on the affects that the terrorist attacks of September 11, 2001 had on the department and its involvement in security issues.

177

Grainey

Refers to the summary of the department’s budget on page eight (EXHIBIT F).

203

Rep. Boquist

Inquires if the Hermiston power plant and Umatilla Generating project are the same.

205

Grainey

Clarifies that they are two separate projects. 

224

Chair Smith

Closes the informational meeting and adjourns the meeting at 11:07 a.m.

 

EXHIBIT SUMMARY

 

  1. Oregon Department of Agriculture, informational materials, Katy Coba, 213 pp
  2. Oregon Department of Fish and Wildlife, prepared testimony, Lindsay Ball, 6 pp
  3. Oregon Department of Forestry, PowerPoint presentation, Marvin Brown, 13 pp
  4. Oregon Parks and Recreation Department, prepared testimony, Tim Wood, 6 pp
  5. Oregon Department of Energy, informational materials, Mike Grainey, 35 pp