Chapter 270 Oregon Laws 1999

Session Law

AN ACT

SB 133

Relating to Joint Legislative Committee on Salmon and Stream Enhancement; creating new provisions; amending ORS 171.551, 171.553, 468B.066, 541.380, 541.405, 541.407, 541.409, 541.411 and 541.413 and section 2, chapter 544, Oregon Laws 1995; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 171.551 is amended to read:

171.551. (1) There is hereby created a bipartisan [Joint Legislative Committee on Salmon and Stream Enhancement consisting] joint legislative committee for the consideration of issues related to the Oregon Plan, as described in ORS 541.405, and of other issues related to water quality, stream restoration and species recovery generally. The joint legislative committee shall consist of [three] members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom the Speaker shall designate as co-chair, [three] and members of the Senate appointed by the President of the Senate, one of whom the President shall designate as co-chair[, and one member from either legislative body selected by the appointed members].

(2) The committee has a continuing existence and may meet, act and conduct its business during sessions of the Legislative Assembly or any recess thereof, and in the interim between sessions.

(3) The term of a member shall expire upon the convening of the Legislative Assembly in regular session next following the commencement of the member's term. When a vacancy occurs in the membership of the committee in the interim between sessions, until such vacancy is filled, the membership of the committee shall be deemed not to include the vacant position for the purpose of determining whether a quorum is present, and a quorum is a majority of the remaining members.

(4) Members of the committee shall receive an amount equal to that authorized under ORS 171.072 from funds appropriated to the Legislative Assembly for each day spent in the performance of their duties as members of the committee, or any subcommittee thereof, in lieu of reimbursement for in-state travel expenses. However, when engaged in out-of-state travel, members shall be entitled to receive their actual and necessary expenses therefor in lieu of the amount authorized by this subsection. Payment shall be made from funds appropriated to the Legislative Assembly.

(5) Action of the committee shall be taken only upon the affirmative vote of the majority of members of the committee.

(6) Existing legislative staff shall furnish to the committee such services of personnel and such other facilities as are necessary to enable the committee to carry out its functions as provided by law.

SECTION 2. ORS 171.553 is amended to read:

171.553. [The Joint Legislative Committee on Salmon and Stream Enhancement may:] The joint legislative committee created pursuant to ORS 171.551:

(1) Shall be responsible for oversight and coordination of Oregon Plan activities and other stream restoration and species recovery activities;

(2) Shall be responsible for any additional coordination, oversight or advisory duties related to the management of natural resources in Oregon, as the President of the Senate and the Speaker of the House of Representatives may assign; and

(3) May:

[(1)] (a) Receive informational reports from the Healthy Streams Partnership established under ORS 541.407, from the Independent Multidisciplinary Science Team created under ORS 541.409, from the Coastal Salmon Restoration and Production Task Force established under section 2, chapter 544, Oregon Laws 1995, and from other sources and, on the basis of such informational reports, recommend changes to the statewide stream and [salmon] fish and wildlife species enhancement efforts undertaken to prevent a species listing as threatened or endangered, or to restore a species that is listed.

[(2)] (b) Review the activities of the individuals and state and federal agencies implementing the Oregon Coastal Salmon Restoration Initiative and other programs [for] related to species enhancement, protection and restoration of wildlife habitat, and [the] improvement of the health of Oregon's streams.

[(3)] (c) Review requests for and make recommendations to the Joint Legislative Committee on Ways and Means or, during the interim between legislative sessions, to the Emergency Board, regarding grant proposals and other requests for funds submitted by the Governor's Watershed Enhancement Board or other state agencies responsible for implementing the Oregon Coastal Salmon Restoration Initiative or other species enhancement, protection and restoration of wildlife habitat, or stream enhancement projects.

[(4)] (d) Review any memorandum of understanding or intergovernmental agreement between a state agency and any other local, state or federal agency to implement all or any portion of a program described in ORS 541.405.

[(5)] (e) Review rules proposed for adoption by an agency to implement the programs described in ORS 541.405.

[(6)] (f) Review the effectiveness of existing projects and programs.

[(7)] (g) Review research projects related to all factors that influence the health of Oregon's streams.

[(8)] (h) Recommend implementation principles, priorities and guidance for the programs described in ORS 541.405.

SECTION 3. ORS 541.405 is amended to read:

541.405. The Legislative Assembly finds that the efforts of many Oregonians have resulted in the creation of the "Oregon Plan," and recognizes that the Oregon Plan:

(1) Includes programs and activities described in the document entitled "Oregon's Coastal Salmon Restoration Initiative," dated February 24, 1997, which represents a framework of programs identified to address a coordinated approach for the recovery of salmon populations within Oregon;

(2) Includes the guidance statement and framework provided by the healthy streams partnership developed to provide cooperative solutions and voluntary approaches to improving the water quality of our streams and achieving healthy streams throughout Oregon; [and]

(3) Includes programs for the restoration and enhancement of multiple species and of the habitat of those species; and

[(3)] (4) Is subject to modification and alteration to enhance program efforts consistent with appropriate guidance principles developed by the Legislative Assembly and oversight as set forth in ORS 171.551 and 171.553.

SECTION 4. ORS 468B.066 is amended to read:

468B.066. The Department of Environmental Quality shall report regularly to the joint legislative committee [on Salmon and Stream Enhancement] created pursuant to ORS 171.551 on the development of the use attainability analysis under ORS 468B.062 and 468B.064.

SECTION 5. ORS 541.380 is amended to read:

541.380. (1) In accordance with the applicable provisions of ORS 183.310 to 183.550, the Governor's Watershed Enhancement Board shall adopt rules and standards to carry out the watershed enhancement program.

(2) The rules and standards adopted by the board under subsection (1) of this section shall include, but need not be limited to:

(a) Criteria for selecting projects to receive assistance or funding from the board.

(b) Criteria for distributing to those entities specified in ORS 541.375 those funds appropriated to the board for funding projects. The criteria shall include a process for periodic review of the distribution by the joint legislative committee [on Salmon and Stream Enhancement] created pursuant to ORS 171.551.

(A) Provisions satisfactory to the board for inspection and evaluation of the implementation of a project including all necessary agreements to allow the board and employees of any cooperating agency providing staff services for the board access to the project area;

(B) Provisions satisfactory to the board for controlling the expenditure of and accounting for any funds granted by the board for implementation of the project;

(C) An agreement that those initiating the project will submit all pertinent information and research gained from the project to the board for inclusion in the centralized repository established by the board; and

(D) Provisions for the continued maintenance of the portion of the riparian area or associated uplands enhanced by the project.

(d) The amount of funding that a local soil and water conservation district organized under ORS 568.210 to 568.808 and 568.900 to 568.933 can provide directly for a watershed enhancement project without prior approval of the board.

SECTION 6. ORS 541.407 is amended to read:

541.407. (1) As soon as possible after March 25, 1997, the Governor, the President of the Senate and the Speaker of the House of Representatives shall appoint a statewide or regional Healthy Streams Partnership. The Healthy Streams Partnership may consist of up to 15 persons. The persons appointed to the Healthy Streams Partnership shall include, but need not be limited to, persons who are involved in the local implementation of the Oregon Coastal Salmon Restoration Initiative and other watershed restoration and enhancement projects and representatives of industry, local government and environmental interests.

(2) The duties of the Healthy Streams Partnership shall include but need not be limited to:

(a) Providing information to the joint legislative committee [on Salmon and Stream Enhancement] created pursuant to ORS 171.551 about the implementation of the programs from a local and regional perspective; and

(b) Recommending changes necessary to facilitate more efficient implementation of the initiative and other stream improvement programs at the local level.

(3) Members of the Healthy Streams Partnership shall not be compensated for their services but are eligible for reimbursement of travel and other reasonable expenses in accordance with ORS 292.495.

SECTION 7. ORS 541.409 is amended to read:

541.409. (1) There is created an Independent Multidisciplinary Science Team consisting of up to seven scientists with recognized expertise in fisheries, artificial propagation, stream ecology, forestry, range, watershed and agricultural management. As soon as possible after March 25, 1997, the Governor, the President of the Senate and the Speaker of the House of Representatives shall jointly appoint the Independent Multidisciplinary Science Team. The decision to appoint a member of the team shall be a unanimous decision by the appointing authorities. The members of the Independent Multidisciplinary Science Team shall serve for four years and may be reappointed for a subsequent term. The team shall be governed by generally accepted guidelines and practices governing the activities of independent science boards such as the National Academy of Sciences.

(2) The Independent Multidisciplinary Science Team shall:

(a) Review implementation of the Oregon Coastal Salmon Restoration Initiative and other programs for achieving healthy streams as described in ORS 541.405.

(b) Prepare and submit to the Governor, the Legislative Assembly and the public an annual report on the implementation of the Oregon Coastal Salmon Restoration Initiative, including any recommendations for changes or adjustments to the initiative.

(c) Serve as an independent scientific peer review panel to the state agencies responsible for developing and implementing the Oregon Coastal Salmon Restoration Initiative and other salmon or stream enhancement programs throughout this state.

(d) Report regularly to the joint legislative committee [on Salmon and Stream Enhancement] created pursuant to ORS 171.551 concerning the duties described under this subsection and other requests by the joint legislative committee [on Salmon and Stream Enhancement].

(3) If the Independent Multidisciplinary Science Team submits suggestions to an agency responsible for implementing a portion of the Oregon Plan, the agency shall respond in writing to the team, explaining how the agency intends to implement the suggestion or why the agency does not implement the suggestion. The team shall include any agency responses in its report to the joint legislative committee [on Salmon and Stream Enhancement].

(4) Members of the Independent Multidisciplinary Science Team shall be compensated for their services and are eligible for reimbursement of travel and other reasonable expenses in accordance with ORS 292.495.

(5) Compensation for members of the Independent Multidisciplinary Science Team shall be cooperatively determined by the appointing authorities and the joint legislative committee [on Salmon and Stream Enhancement].

(6) The office of the Governor shall provide administrative support and services to the Independent Multidisciplinary Science Team.

SECTION 8. ORS 541.411 is amended to read:

541.411. Any state agency participating in the programs and activities described in ORS 541.405 shall:

(1) Upon request of any person who believes the person's private property rights may be adversely affected by the Oregon Plan, provide the person with written information about the agency's dispute resolution services available pursuant to ORS 183.502.

(2) Report to the joint legislative committee [on Salmon and Stream Enhancement] created pursuant to ORS 171.551 any dispute resolution services requested under this section, and the outcome of such dispute resolution.

SECTION 9. ORS 541.413 is amended to read:

541.413. Notwithstanding any other provision of law, if during the interim between legislative sessions any agency responsible for implementing a portion of the Oregon Coastal Salmon Restoration Initiative or a program for the enhancement or restoration of streams throughout the state requires additional funding or an adjustment to the agency's expenditure limitations as approved by the Legislative Assembly to complete implementation of the Oregon Coastal Salmon Restoration Initiative, the agency shall first submit a report to the joint legislative committee [on Salmon and Stream Enhancement] created pursuant to ORS 171.551. The committee shall review the request and present a recommendation to the Emergency Board at the time the agency submits its request to the Emergency Board.

SECTION 10. Section 2, chapter 544, Oregon Laws 1995, as amended by section 6, chapter 7, Oregon Laws 1997, is amended to read:

Sec. 2. (1) There is created the Coastal Salmon Restoration and Production Task Force consisting of 15 members.

(2)(a) The Governor shall appoint the members of the task force subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. Members shall represent the interests of production, restoration and harvest of salmon on the Oregon coast including, but not limited to, the commercial fishing industry, recreational anglers and the recreational fishing industry, private sector scientists with knowledge of coastal salmon resources watershed landowners, habitat restoration interests and the public.

(b) At least three members shall be representatives of the commercial fishing industry, three members shall be representatives of recreational anglers and the recreational fishing industry, and at least one member shall represent an Oregon Indian tribe.

(3) The task force shall elect a chairperson from among its members.

(4) The task force shall develop a fisheries-sustaining coastal salmonid restoration and production strategy consistent with the goals established under the Oregon Plan as described in [section 1 of this 1997 Act] ORS 541.405 and based on established scientific principles, studies and available data. The strategy shall:

(a) Establish methodologies for setting natural production goals, on a basin-by-basin basis, that ensure that abundant levels of salmonid species will exist sufficient to support sustainable harvest surpluses, including but not limited to methodologies to measure the existing and potential productivity of salmonid watersheds, smolt production and adult salmonid escapement.

(b) Establish methodologies for rehabilitating natural salmonid stocks, using hatchery programs and programs established under the salmon and trout enhancement program, where natural production levels are below goals established under the Oregon Plan.

(c) Establish criteria under which the use of hatchery programs and hatchery stocks can be optimized to provide for salmonid fisheries over time.

(d) Identify opportunities and funding sources for establishing additional public, private and cooperative salmonid hatcheries and salmonid hatchery programs at the local level to supplement existing programs.

(e) Improve and expand fisheries that selectively harvest hatchery produced salmon.

(f) Establish methodologies to work toward the development of harvest rates of salmonids customized for each of Oregon's river basins and nearshore ocean areas.

(g) Identify other issues relating to salmonid production and harvest.

(5) On the basis of the work of the task force under subsection (4) of this section, the task force shall provide to the joint legislative committee [on Salmon and Stream Enhancement] created pursuant to ORS 171.551 information and suggestions for improving the enhancement and restoration plan under this section.

(6) As used in this section, "Oregon Plan" means the programs and activities described in [section 1 of this 1997 Act] ORS 541.405.

SECTION 11. The amendments to ORS 171.551 by section 1 of this 1999 Act are intended to remove the specific name of the Joint Legislative Committee on Salmon and Stream Enhancement and allow the Legislative Assembly to specify an appropriate name for the committee charged with the duties and responsibilities set forth in ORS 171.551 and 171.553. Nothing in this 1999 Act shall be construed to terminate or suspend the duties, rights or responsibilities of any joint legislative committee operating pursuant to ORS 171.551 and 171.553 on the effective date of this 1999 Act.

SECTION 12. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor June 16, 1999

Filed in the office of Secretary of State June 17, 1999

Effective date June 16, 1999

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