SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

February 14, 2005                                                                                                   Hearing Room B

3:00 P.M.                                                                                                                     Tapes  23 - 24

Corrected 10/18/05

MEMBERS PRESENT:         Sen. Charlie Ringo, Chair

Sen. Jason Atkinson, Vice-Chair

Sen. Roger Beyer

Sen. Ginny Burdick

Sen. Frank Shields

 

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

Katie Lowry, Committee Assistant

 

 

MEASURES/ISSUES HEARD:

SB 346 – Public Hearing

Introduction of Committee Measures – Work Session

SB 351 – Public Hearing

SB 352 – 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 23, A

005

Vice-Chair Atkinson

Calls meeting to order at 3:05 p.m. and opens a public hearing on SB 346.

SB 346 – PUBLIC HEARING

012

Matt Shields

Committee Administrator. Explains SB 346. States that there is a set of -1 amendments (EXHIBIT A).  Explains amendments.

020

Chair Ringo

Recesses public hearing on SB 346 and opens a work session on introduction of committee measures.

INTRODUCTION OF COMMITTEE MEASURES – WORK SESSION

025

Matt Shields

Committee Administrator. Introduces Legislative Counsel (LC) drafts. Reads LC numbers and relating to clauses.

Lists bills: LC’s: 1299 (EXHIBIT B), 1300 (EXHIBIT C), 1407 (EXHIBIT D), 1442 (EXHIBIT E), 2174 (EXHIBIT F), 2327 (EXHIBIT G), 2390 (EXHIBIT H), 2391 (EXHIBIT I), 2392 (EXHIBIT J), 2395 (EXHIBIT K), 2452 (EXHIBIT L), 2512 (EXHIBIT M), 2595 (EXHIBIT N), 2625 (EXHIBIT O), 2639 (EXHIBIT P), 2694 (EXHIBIT Q), 2701 (EXHIBIT R), 2738 (EXHIBIT S), 2741 (EXHIBIT T), 2760 (EXHIBIT U), 2793 (EXHIBIT V), 2794 (EXHIBIT W), 2795 (EXHIBIT X), and 2796 (EXHIBIT Y).

044

Chair  Ringo

MOTION:  Moves LC's:  1299, 1300, 1407, 1442, 2174, 2327, 2390, 2391, 2392, 2395, 2452, 2512, 2595, 2625, 2639, 2694, 2701, 2738, 2741, 2760, 2793, 2794, 2795, 2796 BE INTRODUCED as committee bills.

045

Sen. Atkinson

States that he does not support LC 2327, but will not object to the measures being introduced as committee bills.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

NOTE:

LC 1299 printed as SB 743

LC 1300 printed as SB 742

LC 1407 printed as SB 741

LC 1442 printed as SB 740

LC 2174 printed as SB 739

LC 2327 printed as SB 738

LC 2390 printed as SB 737

LC 2391 printed as SB 736

LC 2392 printed as SB 735

LC 2395 printed as SB 734

LC 2452 printed as SB 733

LC 2512 printed as SB 732

LC 2595 printed as SB 731

LC 2625 printed as SB 730

LC 2639 printed as SB 729

LC 2694 printed as SB 728

LC 2701 printed as SB 727

LC 2738 printed as SB 726

LC 2741 printed as SB 725

LC 2760 printed as SB 724

LC 2793 printed as SB 723

LC 2794 printed as SB 722

LC 2795 printed as SB 721

LC 2796 printed as SB 720

047

Chair Ringo

Closes work session on introduction of committee measures and returns to public hearing on SB 346.

SB 346 – PUBLIC HEARING

050

Sen. Beyer

Discusses SB 346 and -1 amendments (EXHIBIT A). Asks witnesses to focus the testimony of SB 346 on the -1 amendments.

055

Chair Ringo

Asks if the -1 amendments were made available to interested parties before the hearing.

056

Sen. Beyer

Believes they were.

059

Joe Rohleder

Government Affairs Representative, Oregon Aquaculture Association (OAA). Submits written testimony in support of SB 346 (EXHIBIT Z). Introduces Clint Bentz.

060

Clint Bentz

President, OAA. Submits written testimony in support of SB 346 (EXHIBIT AA). Gives background information on why some counties identify aquaculture as agriculture and why some do not. Discusses purpose of SB 346.

085

Anne Rystrom

Clear Creek Rainbow Ranch. Submits and highlights written testimony in support of SB 346 (EXHIBIT BB).

100

Bentz

Explains SB 346 briefly.

105

Chair Ringo

Asks how many employees she has.

106

Rystrom

Explains. Gives background information on facility. Discusses aquaculture industry.

120

Chair Ringo

Asks if the facility’s operation is currently on hold.

121

Rystrom

States that it is at one facility. Explains. Discusses second facility.

135

Chair Ringo

Asks who the fish are sold to.

136

Rystrom

Explains.

145

Sen. Burdick

Asks why the whole section of SB 346 had to be re-written.

150

Bentz

Explains.

159

Sen. Burdick

Wonders why a conditional use is a problem.

160

Rystrom

Explains.

170

Sen. Burdick

Asks what kind of conflicts the facilities pose to surrounding farms or orchards.

174

Rystrom

Explains that there is no water drainage.

180

Sen. Burdick

Wonders about conflicts if a farmer uses a pesticide that might get into a fish tank.

183

Rystrom

Gives an example.

185

Bentz

Explains precautions that need to be taken. Explains that they are the same precautions one would take when farming next to a stream.

195

Sen. Burdick

Asks if the fish are raised to maturity for the market or if they are sent somewhere else to reach maturity.

200

Bentz

Describes what generally is done. Explains that it depends on what the customers want.

210

Chair Ringo

Asks about specific language of –1 amendments.

220

Sen. Beyer

Explains specific language.

260

Jim Johnson

Land Use and Water Quality Specialist, Oregon Department of Agriculture (ODA). Explains that ODA had specific concerns with SB 346 but those have been addressed in the -1 amendments. States that the ODA has no issues with SB 346 if the -1 amendments are adopted.

270

Roy Elicker

Deputy Director of Fish and Wildlife Programs, Oregon Department of Fish and Wildlife (ODFW). Supports aquaculture industry in Oregon, however is unsure about SB 346. Explains potential concerns.

300

Chair Ringo

Addresses purpose of SB 346.

302

Elicker

Explains thatthe ODFW does not have any problems with the aquaculture industry wanting more flexibility in operations.

304

Chair Ringo

Asks witness to get back to the committee in a week. Explains that he wants to move SB 346 soon.

305

Elicker

Agrees.

310

Sen. Shields

Wants it to get done quickly.

315

Elicker

States that if he can arrange this meeting tomorrow, he will.

320

Bob Horning

Horning’s Hide Out. Expresses support for SB 346. Explains reasons for support.

340

Chair Ringo

Asks about permits.

342

Horning

Explains.

343

Chair Ringo

Asks witness to tell about his operation.

345

Horning

Explains operation. Says that he supports SB 346 because it would help hatcheries out a lot. Explains that cleaning up the language in statutes would be helpful to a lot of people.

370

Art Schlack

Association of Oregon Counties (AOC). Explains that he just received these amendments. States that he sent out a request to the counties to see if there is any problem with the changes. Discusses conditional use permit. States that a permit would still need to be obtained from ODFW before operation began.

405

Chair Ringo

Asks if he believes a permit from the ODFW would not be necessary if the conditional use permit was changed to an outright permit.

410

Schlack

Replies no. Explains concern with outright permitted use.

412

Chair Ringo

Asks if witness can get position of the AOC on SB 346 with proposed amendments to the committee within one week.

413

Schlack

Replies yes.

415

Don Shellenberg

Oregon Farm Bureau (OFB). Discusses purpose of conditional use permit. Discusses aquaculture. Explains that the OFB does not have a problem with the -1 amendments.

450

Sen. Shields

Asks if aquaculture presents an opportunity for diversification for a farmer.

TAPE 24, A

015

Shellenberg

Explains that diversification decisions are routinely made in agriculture. States that a conditional use permit is necessary to do this, but believes that it should not be necessary.

025

Sen. Shields

Points out that it seems like this would benefit farmers.

The following prepared testimony is submitted for the record without public testimony:

 

Ken Dunder

Submits written testimony in support of SB 346 (EXHIBIT CC).

027

Chair Ringo

States that committee will look at SB 346 based on information received later. Closes public hearing on SB 346 and opens public hearing on SB 351.

SB 351 – PUBLIC HEARING

030

Joe Rohleder

Government Affairs Representative, Oregon Aquaculture Association (OAA). Submits written testimony in support of SB 351 (EXHIBIT Z). Submits and refers to fact sheets on sturgeon (EXHIBIT DD). Explains SB 351.

070

Chair Ringo

Asks about pounds of fish referred to.

075

Rohleder

Clarifies number of pounds of fish and what those fish are used for.  Continues explaining SB 351.

120

Sen. Atkinson

Asks about tonnage in Idaho and California and asks if there is a marketable caviar industry.

123

Rohleder

Discusses production of eggs. Discusses caviar industry in Idaho and California.

140

Sen. Atkinson

Asks if it is marketable in international waters.

145

Rohleder

Explains.

155

Sen. Atkinson

Explains that a sturgeon would outlast everyone in the room. Asks what size is transportable.

163

Rohleder

Responds up to about six or seven feet. Mentions Newport Aquarium.

175

Chair Ringo

Asks witness to explain the need for transportation.

180

Clint Bentz

Manager, Blue Den Ranch and President, OAA. Introduces himself. Submits written testimony in support of SB 351 (EXHIBIT AA). Discusses transportation permits.

185

Chair Ringo

Asks why the fish are being transported.

186

Bentz

Explains difference between transport and release. Gives examples.

200

Bentz

Discusses sections of SB 351. Discusses advisory committee.

230

Chair Ringo

Refers to advisory committee. States that it comes with a fiscal impact. Asks if section three of SB 351 should be removed if the money is not there for the advisory committee.

235

Bentz

Believes the fiscal impact is not real because a staff person would not be necessary.

260

Roy Elicker

Deputy Director of Fish and Wildlife Programs, Oregon Department of Fish and Wildlife (ODFW). Submits and reads written testimony (EXHIBIT EE).

315

Chair Ringo

Asks if the issue of transportation is different if they are not transporting the fish to the wild. Asks what the state’s interest is in regulating transport from one private pond to another private pond.

320

Elicker

States that he was told that the goal was to be able to get a reoccurring permit to transport fish to farmer’s markets. States that under the current rules, the ODFW is able to issue those permits.

330

Chair Ringo

Remarks that that was not one of the reasons the OAA said they wanted these permits. Points out that the OAA is nodding yes.

335

Elicker

Explains further details. Remarks that the ODFW is unsure why the statutes need to be changed if the permits necessary are already available.

350

Vice-Chair Atkinson

Remarks on steelhead brought to the Capital building four years ago. Asks if the ODFW got a permit to transport those fish.

355

Elicker

Offers to return information to the committee.

360

John Thorpe

Fish Propagation Program Manager, ODFW. Introduces himself. Addresses question. States that the ODFW does not issue themselves permits for the transport of fish. Explains.

375

Vice-Chair Atkinson

Urges the ODFW to bring the fish back to the Capitol. States that it seems inconsistent to ask the public to do something the government is not willing to do.

385

Elicker

Continues reading testimony (EXHIBIT EE). Discusses advisory committee.

395

Sen. Beyer

Asks why the ODFW is opposed to putting the advisory committee in statute if the ODFW plans on working with the OAA anyway.

400

Elicker

Explains hesitancy to have a permanent advisory committees. Gives examples of advisory committees.

415

Sen. Beyer

Asks if a sunset clause would alleviate the ODFW’s concerns.

418

Elicker

Replies yes.

420

Sen. Beyer

Asks about fiscal impact.

TAPE 23, B

020

Elicker

Discusses fiscal impact.

030

Sen. Beyer

Thanks witness for clarification because the fiscal impact statement does not accurately reflect the fiscal impact.

035

Elicker

Offers to file an amended fiscal impact statement to accurately reflect reason for fiscal impact.

037

Sen. Beyer

Asks about taking brood stock out of the Columbia River.

040

Elicker

Discusses taking brood stock out of the Columbia River.

045

Sen. Beyer

Verifies that right now a permit is needed to get the fish eggs and then the eggs can only be used for education and research.

047

Elicker

Confirms this.

048

Sen. Beyer

Remarks that SB 351 does not mandate the commission to do anything. Verifies that the fiscal impact for the sturgeon is at the discretion of the ODFW.

054

Elicker

Explains staff time that would be necessary.

065

Sen. Beyer

Clarifies that a person who wants to grow sturgeon, even if not taken from the wild, would need to get a permit from the ODFW.

070

Elicker

Confirms this.

071

Sen. Burdick

Asks if genetic quality of the sturgeons is a factor in this issue.

075

Elicker

Defers to Thorpe.

078

Thorpe

Asks Sen. Burdick to repeat the question.

080

Sen. Burdick

Asks if the genetic quality of the stock is an issue.

083

Thorpe

Confirms that is one of the biggest concerns in raising sturgeon. Explains why.

099

Sen. Burdick

Asks how that factor can be controlled.

100

Thorpe

Gives recommendation.

103

Sen. Shields

Asks how these issues were addressed in Idaho and California.

105

Thorpe

Discusses how these issues were addressed in Idaho.

118

Sen. Shields

Asks what the difference is between genetic overpopulation in the wild and at a farm.

125

Thorpe

Explains difference.

140

Corey Pelfrey

Pelfrey Sturgeon Hatchery. Introduces himself.  Submits and reads written testimony in opposition to SB 351 (EXHIBIT FF).

240

Pelfrey

Continues reading testimony (EXHIBIT FF).

340

Chair Ringo

Asks where his operation is located.

350

Pelfrey

Gives location.

351

Chair Ringo

Asks how many employees the witness has.

352

Pelfrey

Explains.

355

Chair Ringo

Verifies that this is a for profit operation.

356

Pelfrey

Confirms this.

358

Chair Ringo

Asks if his concern about SB 351 is that the competition would hurt his business.

360

Pelfrey

Replies no. Explains concerns.

380

Chair Ringo

Refers to California’s regulations and remarks that California has more regulations than SB 351 would put into place.

385

Pelfrey

Confirms this.

386

Chair Ringo

Asks if it is done right in California. Asks if it would make the witness more comfortable if more regulations were proposed.

390

Pelfrey

States that he cannot testify as to whether or not it is done right in California.

392

Chair Ringo

Asks if the witness knows of any problems that California has.

394

Pelfrey

Replies yes.

395

Chair Ringo

Asks what the problems are.

396

Pelfrey

Explains problems.

400

Sen. Beyer

Refers to testimony (EXHIBIT FF).  Points out that under current statute, witness is the only permit holder and none of the criteria referred to in testimony is required by law.

415

Pelfrey

States that ODFW does require these criteria.

420

Sen. Beyer

Talks about difference between rule and law.

425

Pelfrey

Remarks that he wouldn’t object if criteria were met. Explains.

TAPE 24, B

004

Sen. Beyer

States, that clarifies that concern. Addresses another concern raised in testimony regarding advisory committee.

015

Pelfrey

Discusses advisory committee. Asks if something could be included in this law that would require at least one permit holder in the state of Oregon be a criteria for the advisory committee.

020

Sen. Beyer

Explains reason for not including this in the draft.

025

Lyle Negus

Desert Springs Trout Farm. Introduces himself. Gives background information.

040

Chair Ringo

Verifies that he supports the bill.

043

Negus

Confirms this.

050

Chair Ringo

States for the record that Thomas McDonald supports SB 351.

058

Bob Horning

Horning’s Hide Out. Explains purpose of SB 351. Expresses support for SB 351. Discusses issue of special interest.

080

Anne Rystrom

Clear Creek Rainbow Ranch. Introduces herself. Testifies in support of SB 351. Submits written testimony (EXHIBIT BB).

120

Chair Ringo

Invites Roy Elicker and John Thorpe, ODFW, to answer questions. Refers to testimony (EXHIBIT EE) and concerns that have been raised by witnesses. Believes that these concerns can be addressed. Wants to accommodate the concerns raised by witnesses who have testified.

130

Elicker

Clarifies that the ODFW is not saying no. States that there are some concerns.  

150

Chair Ringo

States that he doesn’t want to spend more time on this right now, but wants to try and develop a commercial aquaculture business in Oregon.

155

Elicker

Says that he will come by and meet with Chair Ringo on SB 351.

157

Sen. Shields

Hopes that Chair Ringo and Mr. Elicker can work out these issues. Asks how it could benefit Oregon economically if Oregon was in the same place as California.

165

Elicker

Agrees that it is a substantial industry. Refers to California’s industry. Offers to return information to the committee.

180

Sen. Shields

Asks if California has learned something and if Oregon can learn from it.

183

Chair Ringo

Wants to pass a bill out this session.

185

Elicker

Offers to work with the committee.

190

Sen. Beyer

Offers to facilitate discussion. Speaks specifically about transport issue. Discusses clarity of the statutes.

205

Elicker

Offers to work with Sen. Beyer.

The following prepared testimony is submitted for the record without public testimony.

 

Ken Dunder

Submits written testimony in support of SB 351 (EXHIBIT CC).

210

Chair Ringo

Closes public hearing on SB 351 and opens work session on introduction of committee measures.

INTRODUCTION OF COMMITTEE MEASURES – WORK SESSION

215

Matt Shields

Committee Administrator. Introduces Legislative Counsel (LC) draft 2144. Reads summary (EXHIBIT GG).

220

Chair Ringo

MOTION:  Moves LC 2144 BE INTRODUCED as a committee bill.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

NOTE:

LC 2144 printed as SB 863

225

Chair Ringo

Closes work session on introduction of committee measures and opens public hearing on SB 352.

SB 352 – PUBLIC HEARING

235

Joe Rohleder

Government Affairs Representative, Oregon Aquaculture Association (OAA). Explains program. Submits written testimony in support of SB 352 (EXHIBIT Z). Submits and refers to informational packet including spreadsheets and letters (EXHIBIT HH).

255

Clint Bentz

President, OAA. Submits written testimony in support of SB 352 (EXHIBIT AA). Explains reasons for SB 352.

285

Roy Elicker

Deputy Director of Fish and Wildlife Programs, Oregon Department of Fish and Wildlife (ODFW). Submits written testimony in opposition to SB 352 (EXHIBIT II). Explains opposition to SB 352.

308

Chair Ringo

Refers to (EXHIBIT HH, Page 1) and asks if these numbers are correct.

310

Elicker

Offers to stop by and discuss mentioned testimony with Chair Ringo. Discusses hatcheries and vendors in the state of Oregon.

335

Sen. Beyer

Discusses purpose of SB 352.

365

Chair Ringo

States that more analysis will be done.

370

Anne Rystrom

Clear Creek Rainbow Ranch. Submits written testimony in support of SB 352 (EXHIBIT BB). States that she met with the ODFW and discusses the meeting.

The following prepared testimony is submitted for the record without public testimony.

 

Ken Dunder

Submits written testimony in support of SB 352 (EXHIBIT CC).

380

Chair Ringo

Closes public hearing on SB 352 and adjourns meeting at 4:56 p.m.

 

 

EXHIBIT SUMMARY

 

A.           SB 346, -1 Amendments, Staff, 37 pp

B.           Introductions, LC 1299, Staff, 3 pp

C.           Introductions, LC 1300, Staff, 2 pp

D.          Introductions, LC 1407, Staff, 7 pp

E.           Introductions, LC 1442, Staff, 12 pp

F.            Introductions, LC 2174, Staff, 3 pp

G.          Introductions, LC 2327, Staff, 3 pp

H.          Introductions, LC 2390, Staff, 3 pp

I.             Introductions, LC 2391, Staff, 11 pp

J.            Introductions, LC 2392, Staff, 13 pp

K.          Introductions, LC 2395, Staff, 5 pp

L.           Introductions, LC 2452, Staff, 6 pp

M.        Introductions, LC 2512, Staff, 2 pp

N.          Introductions, LC 2595, Staff, 2 pp

O.          Introductions, LC 2625, Staff, 3 pp

P.            Introductions, LC 2639, Staff, 2 pp

Q.          Introductions, LC 2694, Staff, 2 pp

R.          Introductions, LC 2701, Staff, 1 p

S.            Introductions, LC 2738, Staff, 1 p

T.           Introductions, LC 2741, Staff, 2 pp

U.           Introductions, LC 2760, Staff, 1 p

V.           Introductions, LC 2793, Staff, 2 pp

W.         Introductions, LC 2794, Staff, 2 pp

X.           Introductions, LC 2795, Staff, 2 pp

Y.           Introductions, LC 2796, Staff, 2 pp

Z.            SB 346, SB 351, and SB 352, written testimony, Joe Rohleder, 2 pp

AA.     SB 346, SB 351, and SB 352, written testimony, Clint Bentz, 2 pp

BB.     SB 346, SB 351, and SB 352, written testimony, Anne Rystrom, 12 pp

CC.     SB 346, SB 351, and SB 352, written testimony, Ken Dunder, 2 pp

DD.    SB 351, fact sheets, Joe Rohleder, 11 pp

EE.      SB 351, written testimony, Roy Elicker, 2 pp

FF.       SB 351, written testimony, Corey Pelfrey, 5 pp

GG.    Introductions, LC 2144, Staff, 34 pp

HH.    SB 352, informational packet, Joe Rohleder, 6 pp

II.          SB 352, written testimony, Roy Elicker, 2 pp