SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

March 28, 2005                                                                                                       Hearing Room B

3:00 P.M.                                                                                                                      Tapes 59 - 60

 

MEMBERS PRESENT:         Sen. Charlie Ringo, Chair

Sen. Roger Beyer

Sen. Frank Shields

 

MEMBER EXCUSED:          Sen. Jason Atkinson, Vice-Chair

Sen. Ginny Burdick

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 594 – Public Hearing and Work Session

SB 694 – Public Hearing and Work Session

SB 805 – Public Hearing

SB 346 – Public Hearing

SB 351 – 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 59, A

005

Chair Ringo

Calls meeting to order at 3:10 p.m. and opens public hearing on SB 594.

SB 594 – PUBLIC HEARING

015

Roy Elicker

Deputy Director for Fish and Wildlife Programs, Oregon Department of Fish and Wildlife. Testifies in support of SB 594. Submits written testimony (EXHIBIT A).

030

Dave Cleery

Lieutenant for Fisheries, Oregon State Police. Testifies in support of SB 594.

040

Sen. Shields

Asks clarification question about bag limits.

045

Cleery

Responds.

050

Chair Ringo

Asks clarification question about what SB 594 does.

055

Cleery

Explains.

060

Chair Ringo

Asks about fee for crabbing.

063

Cleery

Explains.

073

Phil Donovan

Northwest Sportfishing Industry Association. Testifies in support of SB 594.

085

Dennis Richey

Oregon Anglers. Testifies in support of SB 594. Submits written testimony (EXHIBIT B).

098

Sen. Shields

Asks if there is any additional testimony on SB 594.

099

Chair Ringo

Replies no.

100

Sen. Shields

Suggests that Sen. Johnson does not need to testify if the committee is in favor of SB 594.

103

Chair Ringo

Closes public hearing on SB 594 and opens work session on SB 594.

SB 594 – WORK SESSION

105

Sen. Shields

MOTION:  Moves SB 594 to the floor with a DO PASS recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

107

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. JOHNSON will lead discussion on the floor.

110

Chair Ringo

Closes work session on SB 594 and opens public hearing on SB 694.

SB 694 – PUBLIC HEARING

112

Sen. Beyer

Gives background information on SB 694.

122

Roy Elicker

Deputy Director for Fish and Wildlife Programs, Oregon Department of Fish and Wildlife (ODFW).Testifies on SB 694.Submits written testimony (EXHIBIT C). 

135

Ron Anglin

Wildlife Division Administrator, ODFW. States that he does not have anything to add at this time.

142

Al Elkins

Oregon Hunters Association. Testifies in support of SB 694.

150

Danny Benson

Ambassador, Oregon Chapter, Hunt Of A Lifetime. Testifies in support of SB 694. Submits written testimony (EXHIBIT D).

184

Greg Peabody

Resident, Tigard. Testifies in support of SB 694.

218

Chair Ringo

Thanks witness for his testimony.

223

Jerod Broadfoot

Oregon Chapter, Safari Club International. Testifies in support of SB 694.

234

Chair Ringo

Closes public hearing on SB 694 and opens work session on SB 694.

SB 694 – WORK SESSION

235

Sen. Beyer

MOTION:  Moves SB 694 to the floor with a DO PASS recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

237

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

244

Chair Ringo

Closes work session on SB 694 and opens public hearing on SB 805.

SB 805 – PUBLIC HEARING

250

Roy Elicker

Deputy Director for Fish and Wildlife Programs, Oregon Department of Fish and Wildlife (ODFW). Testifies in opposition to SB 805. Submits written testimony (EXHIBIT E).

325

Patty Burke

Marine Program Manager, ODFW. Explains reporting and collection of data procedures. Submits an example webpage (EXHIBIT F). Submits contact information for the ODFW Marine Sport Groundfish Advisory Committee (EXHIBIT G).

TAPE 60, A

007

Chair Ringo

Asks how much notice was given to the closure of the mentioned fishery.

008

Burke

Responds.

014

Chair Ringo

Verifies date.

015

Burke

Confirms date and explains that four days notice was given.

016

Chair Ringo

Asks what information was received that initiated the response of the ODFW.

017

Burke

Explains tracking data.

024

Chair Ringo

Asks about weekly tracking.

027

Burke

Discusses tracking process.

041

Chair Ringo

Discusses fiscal impact statement. Asks what the fiscal impact would be if tracking was done twice a month instead of once a month.

046

Burke

States that the tracking is done every day, seven days a week.

047

Chair Ringo

Replies yes, but points out that it isn’t being reported that often.

048

Burke

States that it is being reported and that SB 805 would provide more people to process the data. States that it is a human workload issue as opposed to a technology issue.

054

Sen. Gary George

Represents Senate District 12. Gives background information on SB 805. States that the ODFW did not notify his office of problems with SB 805. Discusses models. Discusses fiscal impact.

085

Chair Ringo

Discusses fiscal analysis.

091

Sen. George

Makes comment.

106

Dennis Richey

Executive Director, Oregon Anglers. Testifies in opposition to SB 805. Submits written testimony (EXHIBIT H).

137

Chair Ringo

Asks how the ODFW could have closed the fishery sooner if they didn’t have the necessary information.

138

Richey

Explains.

155

Tony Meeker

President, Oregon Anglers. Testifies in opposition to SB 805. States that he appreciates the spirit of SB 805 and supports the idea. Mentions the fiscal impact of SB 805.

187

Chair Ringo

Makes comment about procedures.

188

Meeker

Responds.

190

Chair Ringo

States that if there is a fiscal impact then the committee will work with it.

191

Meeker

Makes comment.

196

Elicker

Apologizes to Sen. George for not notifying him of problems with SB 694.

207

Chair Ringo

Makes comment about the process for the collection of data.

212

Burke

Responds.

217

Chair Ringo

Asks if it is possible to post the data closer to the time it is received.

220

Burke

Discusses accuracy.

224

Chair Ringo

Asks if there is a way to address issued raised by Sen. George without a 3.5 million dollar fiscal impact.

230

Burke

Gives suggestions.

246

Chair Ringo

Encourages witnesses to work with Sen. George.

250

Elicker

Responds.

254

Chair Ringo

Closes public hearing on SB 805. Announces SB 389 will not be heard today. Opens public hearing on SB 346.

SB 346 – PUBLIC HEARING

 

Matt Shields

Committee Administrator. Submits 346-1 (EXHIBIT I) and 346-2 (EXHIBIT J) amendments for the record.

272

Roy Elicker

Deputy Director for Fish and Wildlife Programs, Oregon Department of Fish and Wildlife (ODFW). Introduces John Thorpe, Program Manager, Hatchery Propagation. Discusses SB 346. States that the ODFW has no other issues with SB 346 with the -2 amendments. Submits written testimony (EXHIBIT K).

288

Chair Ringo

Asks witness for reference in the -2 amendments.

290

Elicker

Gives reference.

300

Chair Ringo

Asks about fiscal impact statement.

302

Elicker

States that he is not aware of any fiscal impact from the ODFW.

308

Sen. Beyer

States that the fiscal impact statement comes from the Department of Land Conservation and Development.

310

Sen. Beyer

Asks witness to comment on the -1 amendments. Makes comments about the -1 amendments.

320

Elicker

Responds.

345

Clint Bentz

President, Oregon Aquaculture Association (OAA). Explains 346-1 amendments. Submits written testimony in support of SB 346 (EXHIBIT L).

380

Joe Rohleder

Lobbyist, OAA. Explains 346-1 amendments and 346-2 amendments. Supports the 346-1 amendments.

TAPE 59, B

015

Chair Ringo

Verifies that witness wants SB 346 to be passed with the -1 amendments.

016

Rohleder

Replies yes.

020

Anne Rystrom

Clear Creek Rainbow Ranch. Testifies in support of SB 346. Submits written testimony (EXHIBIT M).

025

Sen. Beyer

States that it is his understanding that the fiscal impact would go away if the -1 amendments were adopted.

031

Shields

States that is his understanding as well, but that the Legislative Fiscal Office has not yet confirmed that.

034

Chair Ringo

Announces that SB 346 will be carried over until tomorrow.

039

Chair Ringo

Closes public hearing on SB 346 and opens public hearing on SB 351.

SB 351 – PUBLIC HEARING

 

Matt Shields

Committee Administrator. Submits SB 351-1 amendments (EXHIBIT N), SB 351-2 amendments (EXHIBIT O), SB 351-3 amendments (EXHIBIT P), SB 351-4 amendments (EXHIBIT Q), and SB 351-5 amendments. (EXHIBIT R).

049

Clint Bentz

Oregon Aquaculture Association (OAA). Explains SB 351, -4 and -5 amendments.

078

Chair Ringo

Verifies that witness supports the -4 amendments.

079

Bentz

Replies yes. States that the OAA supports the -4 and -5 amendments. Explains opposition to the -2 amendments. States that -1 amendments are the same as the -4 amendments. Explains the -3 amendments and discusses fiscal impact. Requests to hold the -3 amendments.

118

Sen. Shields

Asks about fiscal impact and the -3 amendments.

119

Bentz

Responds.

120

Sen. Shields

Asks what the projected fiscal impact is.

121

Bentz

Replies $80,000 per year.

122

Sen. Shields

Verifies that the -3 amendments get within 90 percent of that figure.

123

Bentz

Replies yes.

124

Sen. Shields

Verifies that is not enough.

125

Bentz

Replies that if it wasn’t 100 percent then it wasn’t enough.

126

Sen. Shields

Discusses expenditures from the Oregon Department of Fish and Wildlife (ODFW). States that he doesn’t understand the discrepancy.

129

Bentz

Explains discrepancy.

133

Sen. Shields

States that witness used a different number previously.

134

Bentz

Replies $80,000 per calendar year.

135

Sen. Shields

Verifies that the -3 amendments will make $65,000 per year and SB 351 will cost $80,000 per year.

136

Bentz

Replies yes.

137

Sen. Shields

Verifies that isn’t enough.

138

Bentz

Replies apparently not.

139

Sen. Shields

Remarks that it is only $15,000 difference per calendar year.

140

Bentz

Urges committee to adopt the -4 and -5 amendments and send SB 351 to the floor with a do pass as amended recommendation. Makes closing remarks.

148

Anne Rystrom

Clear Creek Rainbow Ranch. Adds that the current sturgeon propagation is adding to the economy of Oregon by stocking fish into the Columbia River. Comments on existing resources and fiscal impact. Submits written testimony (EXHIBIT M).

152

Joe Rohleder

OAA. Discusses intention of SB 351. Explains the -5 amendments.

171

Chair Ringo

Verifies that the intention of the -5 amendments is to grandfather the three current holders of the sturgeon permits.

172

Bentz

Adds that the -5 amendments will grandfather the permit holders under the current conditions.

175

Rohleder

Explains chosen percentage for the fee in the -3 amendments.

181

Chair Ringo

Verifies that witnesses do not want the -3 amendments moved.

182

Bentz

Replies no.

188

Roy Elicker

Deputy Director for Fish and Wildlife Programs, ODFW. States that the -2 amendments were requested by the ODFW. Explains the -2 amendments. States that the ODFW does not have opposition to commercial sturgeon aquaculture. Discusses hiring an employee to work directly with the aquaculture business. Submits written testimony (EXHIBIT S).

217

Chair Ringo

Verifies that the fiscal referred to by the witness is for management of the hatchery advisory committee.

222

Elicker

States that the ODFW has provided a revised fiscal.

224

Chair Ringo

Asks if the date of the revised fiscal is March 24.

225

Elicker

Replies yes. Refers to page 2 of revised fiscal.

230

Chair Ringo

Lists duties of employee. States that the previous witnesses pointed out that the ODFW is already carrying out these activities for the three sturgeon hatcheries currently in operation.

235

Elicker

Responds.

245

John Thorpe

Fish Propagation Program Manager, ODFW. Discusses the sturgeon hatcheries currently in operation. States that the ODFW will need to evaluate the existing sturgeon management rules and aquaculture rules that apply to sturgeon.

264

Chair Ringo

Comments that SB 351 does not require the ODFW to do that evaluation.

270

Elicker

Responds. States that SB 351 states that the commission will make decisions.

274

Chair Ringo

Asks if witness is talking about the advisory committee.

275

Elicker

Replies the commission. Comments about staff work needed for the commission.

287

Sen. Beyer

Remarks that, under current law, there are certain things that have to be managed by the ODFW even if SB 351 is not passed.

292

Elicker

Replies yes, and explains that the ODFW is currently performing these activities for one hatchery.

294

Sen. Beyer

Asks question about the process of issuing and/or denying a permit for a sturgeon hatchery.

298

Elicker

Responds.

318

Sen. Beyer

Comments on the fiscal impact and the -3 amendments which cover 90 percent of the fiscal impact. Remarks about the other 10 percent.

323

Elicker

Responds.

329

Sen. Beyer

Asks if there are two other hatcheries.

330

Elicker

Explains.

334

Sen. Beyer

Verifies that one of the issues is using sportsman’s dollars for non-sportsman activities.

340

Elicker

Replies yes.

342

Sen. Beyer

Asks how much it costs the Oregon Department of Agriculture (ODA) to administer the shellfish program for the sportfishing industry.

346

Elicker

Responds that he does not have those figures in front of him.

347

Sen. Beyer

Replies $200,000 by the fiscal last legislative session. Asks how much money was given to the ODA for the regulation of the shellfish industry from the shellfish licensing.

354

Sen. Beyer

States $300,000 by the fiscal last session. States that the additional $100,000 was for the regulation of the commercial oyster industry. Comments that was sportsman’s dollars being used for non-sportsman purpose. Asks why that situation was acceptable.

360

Elicker

Discusses shellfish licenses.

362

Sen. Beyer

Asks if, constitutionally, it would be the same problem in both situations.

364

Elicker

Responds.

365

Sen. Beyer

Makes comments.

371

Elicker

Responds.

398

Sen. Beyer

Wants to adopt the -4 and -5 amendments and move SB 351 to Ways and Means. Makes remarks about anticipated fiscal impact.

418

Sen. Shields

Appreciates Sen. Beyer’s line of questioning of the ODFW. Concurs with adopting the -4 and -5 amendments.

426

Chair Ringo

Verifies that the fiscal impact provided by the ODFW is based on hiring someone to manage the sturgeon program in a way that the ODFW thinks it should be managed, not in a way that the law currently requires.

TAPE 60, B

004

Elicker

Discusses the fiscal impact anticipated by the ODFW.

017

Chair Ringo

Wants to check about moving a bill with a fiscal impact of this nature. Verifies amendments.

028

Lynnia Woods

Pelfrey Sturgeon Hatchery. Wants legislative intent of SB 351 to be clear that their permit is for taking sturgeon out of the wild. Discusses specific language of SB 351-5 amendments. Discusses permit renewal.

061

Sen. Beyer

Asks if there is anything in current law that requires the ODFW to renew witness’ permit in the same condition it was when witness was grandfathered.

064

Woods

Responds.

068

Sen. Beyer

States that witness’ suggestion would require the ODFW to always continue witness’ permit as it is today. Explains that this would not allow the ODFW to modify the permit in any way. Asks if that is witness’ intent.

072

Woods

States that is not her intent. Explains intent.

076

Brendan McCarthy

Legislative Counsel. Discusses language of SB 351.

102

Sen. Beyer

States that SB 351 was drafted at the request of his office. Verifies that it was not a request of his office to remove ORS 497.330.

105

McCarthy

Replies yes and explains.

110

Sen. Beyer

States that there was no intent to change the permit for Pelfrey Sturgeon Hatchery. States that it seems like it would alleviate some concerns if the section of SB 351 that repealed ORS 497.330 were removed.

122

Chair Ringo

Asks if Sen. Beyer is suggesting further amendments.

123

Sen. Beyer

Responds.

125

Woods

Discusses intent of SB 351.

130

Chair Ringo

Asks Sen. Beyer if he wants SB 351 to be moved out of committee.

134

Sen. Beyer

Responds.

135

Chair Ringo

States that SB 351 will not be moved today.

136

Sen. Beyer

Makes comments.

138

Chair Ringo

Asks Sen. Beyer to work with Legislative Counsel to alleviate witness’ concern.

140

Henry Pelfrey

Pelfrey’s Sturgeon Hatchery. Discusses sturgeon aquaculture industry.

151

Woods

Makes closing remarks.

158

Pelfrey

States that there are only five sturgeon hatcheries in the United States.

162

Roger Martin

Confederated Tribes of Umatilla. Discusses SB 351.

170

Phil Donovan

Northwest Sportfishing Industry Association (NSIA). Discusses concerns of the NSIA with regards to SB 351.

190

Chair Ringo

Closes public hearing on SB 351. Adjourns meeting at 4:50 p.m.

 

 

EXHIBIT SUMMARY

 

A.     SB 594, written testimony, Roy Elicker, 2 pp

B.     SB 594, written testimony, Dennis Richey, 1 p

C.     SB 694, written testimony, Roy Elicker, 1 p

D.    SB 694, written testimony, Danny Benson, 6 pp

E.     SB 805, written testimony, Roy Elicker, 3 pp

F.      SB 805, example webpage, Patty Burke, 5 pp

G.    SB 805, contact information, Patty Burke, 1 p

H.    SB 805, written testimony, Dennis Richey, 1 p

I.       SB 346, -1 amendments, Staff, 37 pp

J.      SB 346, -2 amendments, Staff, 35 pp

K.    SB 346, written testimony, Roy Elicker, 1 p

L.     SB 346, written testimony, Clint Bentz, 1 p

M.  SB 346 and SB 351, written testimony, Anne Rystrom, 2 pp

N.    SB 351, -1 amendments, Staff, 1 p

O.    SB 351, -2 amendments, Staff, 1 p

P.      SB 351, -3 amendments, Staff, 6 pp

Q.    SB 351, -4 amendments, Staff, 1 p

R.    SB 351, -5 amendments, Staff, 1 p

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