THE OREGON LAW COMMISSION
September 16, 1999
The Oregon Law Commission met in Seaside, Oregon, in conjunction with the annual meeting of the Oregon State Bar. The purpose of the Oregon Law Commission is to conduct a continuous, substantive law revision program. The commission consists of the following members: (1) Representative Lane Shetterly; (2) Senator Kate Brown; (3) Representative Max Williams; (4) Chief Justice Wallace Carson; (5) Attorney General Hardy Myers; (6) Justice Hans Linde, retired (7) Jeff Carter; (8) Sandra Hansberger; (9) Dean Symeon Symeonides; (10) Gregory Mowe; (11) Professor Bernie Vail; (12) Professor Dom Vetri.
The commission members elected Representative Lane Shetterly, Chair, and Senator Kate Brown, Vice-Chair.
The commission has established individual workgroups on the following issues:
The next meeting of the Oregon Law Commission will be held on Wednesday, December 1, 1999, at the Oregon State Capitol in Salem.
JOINT INTERIM JUDICIARY COMMITTEE WORKGROUP ON DEFERRED SENTENCING & DOMESTIC VIOLENCE
October 5, 1999
The Deferred Sentencing & Domestic Violence Workgroup of the Joint Interim Judiciary Committee held its first meeting on October 5, 1999 at the State Capitol. The following individuals were present: Representative Kevin Mannix; Rod Underhill, Multnomah County District Attorney’s Office; Chiquita Rollins; Roberto Olivero, Men’s Resource Center; Bradd Swank and Ann Christian, Court Administrator’s Office; Linda Hammond; Desiree Allen-Cruz; Maureen McKnight; Gina McClard; Ingrid Swenson, Oregon Criminal Defense Lawyers Association; Dale Penn, Marion County District Attorney; and Bill Taylor, Judiciary Committee Counsel.
The purpose of the workgroup is to develop statutory authority for the deferred sentencing of first-time domestic violence offenders and to set standards for batterer intervention programs. Rod Underhill of the Multnomah County District Attorney’s Office and Dale Penn, Marion County District Attorney, explained how the batterer intervention programs operate in their respective counties. Roberto Olivero of the Men’s Resource Center described the batterer’s intervention program the Center operates. Representative Mannix suggested that the workgroup attempt to develop the most effective legislative program possible, but keep in mind that this program may have to be modified during session.
The workgroup agreed that at its next meeting it would do the following: (1) Review in greater detail the Multnomah County batterer’s intervention program; (2) hear from Gina McClard on a batterer’s intervention program involving both deferred sentencing for first-time offenders and increased levels of probation supervision for repeat offenders; and (4) Review information on the effectiveness of batterer’s intervention programs.
OREGON LAW COMMISSION
TASK FORCE ON JUVENILE LAW CODE REVISION
October 8, 1999
The Oregon Law Commission’s Task Force on Juvenile Law Code Revision met Friday, October 8, 1999 at the State Office Building in Portland. Attending were Senator Kate Brown, Chair; Representative Lane Shetterly, Law Commission Chair; Jeff Carter, commission member; Susan Grabe, Oregon State Bar; Tim Loewen; Yamhill County Juvenile Department; Doug Poppen, Clackamas County Juvenile Department; Cindy Booth, Oregon Youth Authority; Marilyn Fuller; Emily Knupp; Lea Ann Easton; John Richardson; Timothy Travis, Juvenile Court Improvement Project; Kathie Osborn, Juvenile Rights Project; Carl Myers; Julie McFarlane; Michael Livingston; Claude Derr, Family Preservation; and Bill Taylor, commission staff.
Senator Kate Brown stated that the juvenile code rewrite would take two to four years and asked that all participants commit to four years of work. She added that her intent was to introduce legislation for the 2001 legislative session on all proposals that the task force completes prior to December of 2000. Senator Brown added that the task force would have two work groups. One would focus on dependency issues and the other on delinquency matters. She will serve as chair of the dependency work group and Jeff Carter will serve as chair of the delinquency work group. Senator Brown stated that Tim Travis will assist the dependency work group and Bill Taylor will assist the delinquency work group.
The work group briefly discussed the fact that the 1991-93 code revision project was limited to code reorganization. Also, the group discussed the changes that have been made to the code since 1993, particularly SB 1 from the 1995 session and the need to update the code as a result of these changes.
The work group listed its goals as:
The following individuals requested to serve on the dependency work group: Judge Deanne Darling, Claude Derr, Lea Ann Easton, Marilyn Fuller, Susan Grabe, Emily Knupp, Michael Livingston, Julie McFarlane, Carl Myers, Doug Poppen, John Richardson, and Timothy Travis.
The following individuals requested to serve on the delinquency work group: Jeff Carter, Judge Deanne Darling, Susan Grabe, Emily Knupp, Michael Livingston, Tim Loewen, Carl Myers, Kathie Osborn, Doug Poppen, and John Richardson.
Senator Brown stated that she would be extending invitations to participate to the Oregon District Attorney’s Association and the victims rights’ groups.
The task force set the following dates and locations for the next three meetings:
The task force will meet from 9:00 a.m. to 10:30 a.m. on each of these dates. The dependency work group will meet from 10:30 a.m. to noon. The delinquency work group will meet from 1:00 p.m. to 3:00 p.m.
JOINT INTERIM COMMITTEE ON STREAM RESTORATION AND SPECIES RECOVERY
October 11, 1999
Roy Hemmingway, Governor's Office, updated the committee on actions implementing the Oregon Plan since the end of the legislative session. Members expressed concerns about permitting processes in some instances hindering achievement of protection and restoration goals. The federal land access management regulations were raised as a particular concern and scheduled for discussion at a future meeting. Mr. Hemmingway further provided background on the development of the Willamette Restoration Initiative (WRI) and responded to members questions regarding the purpose of the Initiative, role and authority of the Board, stakeholder access to the process, and funding mechanisms. He submitted a proposed addendum to Executive Order #99-01 creating the Willamette Restoration Initiative and agreed to work with the Committee on more specific language with respect to the Initiative's interface with the legislature. Mr. Hemmingway responded to questions about the Emergency Board request to release funds for a Willamette Restoration Initiative coordinator position in the Governor's Office. The committee placed the request on their next agenda for action. A position description outline was distributed to committee members.
Rick Bastasch, Willamette Restoration Initiative Director, and Dave Schmidt, Willamette Restoration Board Member, informed the committee about activities to date by the board and work groups addressing clean water, healthy native habitats, accountable institutions, strong economy, community stewardship, and quality of life issues. Plan development timelines were reviewed. Members requested legislative participation on the board and timely notification of all meetings. Mr. Bastasch described the watershed group needs assessment and preliminary results. He clarified that the board will development recommendations for submission to the Governor and the legislature. Board representation was discussed in terms of interests and geographic distribution.
Chair Messerle discussed the option of forming a Willamette subcommittee to interface with the Willamette Restoration Initiative Board and work groups.
Geoff Huntington, Oregon Watershed Enhancement Board Director, commented on what he hopes to accomplish as director. Ken Bierly, Deputy Director, outlined the latest round of grant awards. He responded to questions about accounting for the use of grant funds and about monitoring requirements to measure outcomes for projects receiving grants. The committee reviewed the Governor's list of nominees for the Oregon Watershed Enhancement Board.
Dr. Logan Norris, Independent Multidisciplinary Science Team (IMST) Chair, highlighted key elements of the IMST forest practices technical report including riparian buffer zones, woody debris, sedimentation, and fish passage. He responded to members' questions about recommendations and clarified that the IMST was identifying options but the policy direction is left to decision-makers. Members expressed concerns about moving toward landscape management and the impacts of leaving woody debris in streams. Jim Brown, State Forester, described the process by which the Oregon Department of Forestry will consider the IMST recommendations.
Jim Greer, Oregon Department of Fish and Wildlife Director, described what the committee might expect in the first quarterly report on department activities as required by SB 778(99). Jack Graham, Deputy Director for Administration, discussed the department's strategic plan. Director Greer and Mr. Graham responded to questions about controlled hunt investigations, marine fisheries, Caspian Tern populations, Fish Endowment Fund, surplus property, revenue shortfalls, budget notes, and development of cost reduction plans. Members expressed concern about the trawl fishing industry and set the issue for discussion at a future meeting.
Lucie Labonte, South Coast Watershed Council Coordinator, commented on the work of the council, benchmarks, and the change in U.S. Forest Service fire-fighting techniques with respect to habitat protection. Cindy Heller, Oregonians for Fish and Fishing, spoke to Department of Fish and Wildlife efforts to improve customer service. Janice Green, Oregonians for Fish and Fishing, commented on the Willamette Restoration Initiative. Senator Tarno presented Joe Rohleder with an award recognizing his outstanding efforts dedicated to the fish screening program in Oregon.
JOINT COMMITTEE ON STREAM RESTORATION AND SPECIES RECOVERY
November 8, 1999
Chairman Ferrioli observed a moment of silence to honor the life of tribal elder Eugene Greene of the Warm Springs Confederated Tribes. Senator Ferrioli recognized Mr. Greene's significant contributions to natural resources protection and fish recovery efforts throughout the Northwest.
Paula Burgess, Governor's Natural Resources Advisor, explained the Department of Administrative Services Emergency Board request to increase Other Funds limitations to accept a Ford Foundation grant. The grant was award to the Oregon Plan as a finalist in the Innovations in American Government competition. The funds will be used for outreach and education about the Oregon Plan for Salmon and Watersheds. The Joint Committee recommended increasing the Department of Administrative Services Other Funds limitation for the purpose of receiving the Ford Foundation grant.
Ms. Burgess reviewed the Governor's Office Emergency Board request to authorize a Willamette Restoration liaison position. She responded to members' questions about the Willamette Restoration Initiative Executive Order #99-01 and proposed revisions through addendum developed through negotiations with the co-chairmen. Bill Gaffee, Willamette Restoration Board Vice-Chair, and Rick Bastasch, Willamette Restoration Initiative Executive Director, updated the committee on Board and work group progress to develop the Willamette Restoration strategy. They presented a timeline for strategy development identifying avenues and process points where legislative guidance will be most effective. Mr. Gaffee and Mr. Bastasch responded to members' questions and concerns about opportunities for public participation, funding issues, dealing with multiple jurisdictions, and avoiding duplication with ongoing efforts. The Joint Committee recommended position authorization contingent upon a signed Executive Order with the discussed revisions as reflected in the addendum.
Patty Dornbusch, National Marine Fisheries Service, outlined the federal recovery planning process and the status of the Lower Columbia proposed 4(d) rule. She answered questions about 4(d) rule development, stakeholder involvement, public hearing opportunities when the proposed rule is released, and federal funding available for recovery action. Committee members were asked to submit nominations for two science review panels that will guide recovery planning. The Willamette and Puget Sound basins have priority in the federal recovery planning process. Members emphasized the need for socio-economic considerations in recovery planning and the need for recovery planning in coastal areas.
Roy Elicker, Program Manager, Department of Fish and Wildlife, reported on the fish screening program. Jim Greer, Department of Fish and Wildlife Director, fielded questions about the department's cash flow problems and surplus property. Ken Rocco, Legislative Fiscal Office, responded to members' inquiries about state agency authorities to transfer and borrow funds. Paul McCracken, Fish and Wildlife Commission Chairman, commented on the commission's involvement in resolving the cash flow problem. The Joint Committee adopted a motion requesting the Legislative Audit Committee to authorize a performance audit of the Department of Fish and Wildlife with respect to the Department's ending balance problems and how those problems are addressed.
The Pacific Fishery Management Council's (PFMC) Groundfish Quota Reduction Plan was the subject of the afternoon's public hearing. Onno Husing, Oregon Coastal Zone Management Association Director, commented on the seriousness of the proposed catch reductions and the status of the fishing industry coast-wide. Joe Easley, Oregon Trawl Commission Administrator, described catch reductions over the last decade. The committee heard from many fishermen about the impacts of the plan and suggestions about how the committee could be of assistance. Many individuals raised concerns about the data used by the PFMC in its decision. The Joint Committee adopted a motion to communicate directly with the Pacific Fishery Management Council and Oregon's Congressional delegation to share concerns raised about data and consideration of community impacts as required by the Magnuson-Stevens Act. The letter to Congress will further encourage specific action including a performance audit of the National Maine Fisheries Service's management of the West Coast groundfish fishery, implementation of a federal Buy Back program for the industry, and revision of the federal Capital Construction program to allow flexible use of invested funds.
John Brenneman and Greg Panter, Idaho Power Company, testified on proposed coordination between Oregon and Idaho on the development of a TMDL plan to address water quality violations at the Brownlee reservoir on the Snake River. Members asked about funds in the Emergency Board reserved for TMDL development and received clarification that the Brownlee project was not on the project priority list for use of those funds. The Joint Committee requested that the Oregon Department of Environmental Quality work with the State of Idaho and Idaho Power Company on moving together on the development of the Brownlee TMDL plan without violating priorities for Emergency Board TMDL funds.
JOINT INTERIM COMMITTEE ON WATER, AGRICULTURE AND NATURAL RESOURCES
November 16, 1999
Committee Co-Chair, Sen. Veral Tarno, opened the Joint Interim Committee on Water, Agriculture and Natural Resources at 8:30 AM.
Martha Pagel, Water Resources Department Director, presented three memoranda outlining the department’s progress on implementation of Senate Bill 93 (Joint Task Force on Water Supply and Conservation), providing background on water right permits and certificates, and updating the committee on water adjudication issues.
Neil Milaine, representing the Department of Environmental Quality (DEQ), briefed the committee on Combined Sewer Overflow (CSO) systems. CSO systems carry household/sanitary waste and storm water through the same drainage medium and are therefore subject to overflow during wet periods. Mr. Milaine testified that in 1980, there were thirty-one cities with CSO systems. In 1989, three cities and the tri-city district of Oregon City, Gladstone and West Linn had CSO systems, and in 1993 the number of active CSO systems were down to three cities. The three cities cited were Portland, Astoria, and Corvallis. In order to comply with the DEQ’s CSO strategy, Portland must correct its CSO problem by the 2011. Corvallis must have its overflow problem corrected by the year 2001, and Astoria by 2022. The cities are in compliance with these time lines.
Dick Peters of DEQ briefed the committee on impaired water bodies throughout the state. Impaired water bodies are those waters listed in the 1998 303(d) list under the federal Clean Water Act. Of the 114,000 stream miles within the state, 13,000 miles are impaired.
Lorna Young, Department of Agriculture Director, briefed the committee on the department’s progress in implementing requirements of HB 3602 (pesticide reporting. On November 5, 1999, Governor Kitzhaber appointed an 18-member Pesticide Use Reporting Work Group. The group is charged with providing recommendations to the Department of Agriculture regarding development of the reporting system and funding mechanisms for the program. Ms. Young also briefed the committee in the department’s Noxious Weed Control Program and Smoke Management Program. The Oregon State Weed Board and Department of Agriculture have developed and finalized noxious weed control grant criteria and application packets. A series of informational meetings throughout the state is scheduled to begin on November 29, 1999. In response to HB 2118, the Department of Agriculture and Oregon State Weed Board is currently forming a task force that will be the steering committee for the noxious weed strategic plan project. The first phase of the project will assess economic and environmental impacts of noxious weeds to the state and assess current weed control programs. The second phase will solicit input from interested parties and couple this with assessment information for development of a final strategic plan. The department is also seeking EPA’s assistance in program development under the Smoke Management Program. Open field burning complaints were down from 282 complaints in 1998 to 253 for the 1999 burning season.
The Department of Land Conservation and Development presented its work and financing plans for HB 2406 so the department can go before December’s Emergency Board and solicit the $200,000 set aside for mapping work identified under the bill and referenced under budget notes contained in HB 5047. The department also outlined its efforts and presented the committee with a brochure for carrying out requirements of SB 543. SB 543 modifies the process for periodic review of comprehensive plans and land use regulations by directing the statewide land use planning program to become more efficient and focus its efforts on preparing for Oregon’s growth over the next twenty years.
Robin MacArthur-Phillips from Governor John Kitzhaber’s office updated the committee on the Yachats right of way issue (route 804). SB 524, which addressed the issue, was vetoed by the Governor. The veto message explained that, although the measure was meant to address the situation in Yachats, the bill would affect the entire state. The message indicated the Governor’s opinion that alternative means need to be exercised prior to legislative action on this issue. Ms. MacArthur-Phillips discussed alternative means including a Goal 17 exception, mediation, dispute resolution, and collaborative problem solving. The issue is pending in the Circuit Court of Appeals.
The committee heard about the Western Governor Association’s Enlibra (Policy Resolution 99-013) proposal. Enlibra is a long term vision and philosophy for environmental management. The document lays out eight policy statements under the title "Principles for Environmental Management in the West." A final set of recommendations regarding the document is expected at the Western Governor Association’s winter meeting in December.
Paul Cleary and John Lilly of the Division of State Lands briefed the committee on the division’s progress in implementing HB 2626. HB 2626 authorizes the division to contract with the Oregon Water Resources Research Institute at Oregon State University to conduct an analysis of the Willamette River from river mile 50 (near Newberg) to river mile 165 (near Junction City) on the effects of dredging and other methods of achieving the multiple beneficial objectives of river bank erosion control, flood control, fisheries conservatism, tourism, and recreational boating access. The missing word is called the "Willamette River Multiple Objectives Study." The division informed the committee that it was seeking funds to implement the study. Mr. Cleary also briefed the committee on progress made in streamlining the removal-fill permitting process. The division receives 600 to 1800 removal-fill applications per year. Fees cover approximately 18% of the cost. Ten permits were denied in fiscal year 1998, five in fiscal year 1999 and one so far this fiscal year. The division stated that its wants to keep the process from becoming an issue.
Steve Williams, Deputy Director of the Oregon Fish and Wildlife Department, and Joe Rohleder of the department briefed the committee on the status of bear and cougar populations throughout the state, Oregon’s Endangered Species Act, and cash flow issues addressed by the Seventieth Legislative Assembly. There are no definitive population counts for black bear and cougar. The department estimates that one deer is killed by the animals every ten days and that there are no records that humans have been attacked by these animals in Oregon. The department also informed the committee that it is considering changing the hunting season for black bear and cougar to be more uniform and consistent with hibernation/gestation periods throughout the state. Mr. Williams presented the differences between the Oregon and federal Endangered Species Acts. Mr. Williams explained cash flow issues affecting the department and acknowledged that a performance audit is in order for the department. The committee was provided a copy of a formal request for audit from the Joint Interim Committee on Stream Restoration and Species Recovery (SRII Committee). The SRII Committee requested the audit on November 12, 1999.
Ray Craig, Assistant State Forester, Oregon Department of Forestry Forest Management Division, briefed the committee on Structure Based Forest Management, the Habitat Conservation Plan process, and Swiss Needle Cast disease affects on Western Oregon conifers. Mr. Craig testified that the department does not believe that Swiss Needle Cast disease has a far-reaching affect on forest stands.
JOINT INTERIM TASK FORCE ON THE OREGON STATE FAIR
November 23, 1999
David White and Bill Foster, Department of Administrative Services Facilities Division, provided background on the department’s survey of fairgrounds buildings that was incorporated into the Joint Legislative Audit Committee’s 1998 Program Evaluation of the Oregon State Fair and Convention Center. They discussed the effects of deferring maintenance and of not having a facilities maintenance program. The survey indicated it would take $11 million to bring the fairgrounds facilities to a minimum operating level.
Rusty Vernon, State Fair and Exposition Center Director, reviewed the major findings and recommendations of the Program Evaluation. The task force inquired about event lease contracts, relative revenue from the fair and from the exposition center, reduced rates for some events, and the financial status of Oregon county fairs and other state fairs. Mr. Vernon continued with a review of 1999 legislation and the 1999 fair season. He discussed the decline in fair attendance from 1998, largely as a result of two days of rain, resulting in revenues falling below legislatively adopted levels. He reviewed the results of exit surveys and of marketing strategies directed at families and new visitors. He also briefed the members on the $2 million in short-term facilities restoration.
Charles Johnson, State Fair Feasibility Study Consultant, discussed the study timeline and the task force provided him with some perspectives on local issues, including uses of the armory, neighborhood livability, potential locations for a Salem convention center, and the goal of mutually beneficial state and local activities. The task force recommended the consultant involve stakeholders from across the state and that a preliminary report be submitted to the task force before it is finalized.
Charles Smith, State Treasurer's Office, explained the decision of the State Treasurer to temporarily limit future issuance of lottery-backed revenue bonds because of the recent filings of initiatives that would eliminate video poker. Greg Jeffrey, Department of Administrative Services, provided a list of items, including $2 million for state fair facilities, in the November 1999 bond sale that has gone forward.
Robin LaMonte, Legislative Fiscal Office, explained the responsibilities of the task force in producing a long-range plan for the State Fair as specified in the budget note to SB 5515 (1999). The task force discussed how the postponement of the next bond sale delays the requirement for their recommendations to the Emergency Board. Given this delay, the task force emphasized the importance of giving the Feasibility Study and Master Plan consultants sufficient additional time to produce thorough, useful reports.
JOINT TASK FORCE ON FARMWORKER HOUSING
December 3, 1998
The meeting opened with the adoption of task force rules and the election of Rep. Mannix, Chair, and Sen. Castillo, Vice Chair.
Chair Mannix provided task force members an opportunity to introduce themselves and to discuss their interest in farmworker housing and the issues and goals that each member hopes the task force can address.
Bob Repine, Director of the Department of Housing and Community Services (DHCS), and Deputy Director Jack Kenny, analyzed for the task force some of the existing research and reports related to the quality, condition and adequacy of on-site and community-based farmworker housing in Oregon. Task force members discussed various issues including distinctions between on-site and community-based development, rural and urban or near-urban settings, the interrelationship between housing needs and available community and social services and the possibility of using prison work force independently or in partnership with private enterprise.
Chair Mannix asked members to submit issues and goals for the work of the task force. He asked presenters from DHCS to provide a matrix of cross-referenced housing issues to assist the task force in establishing work groups.
The next meeting of the task force is scheduled for February 23, 2000, 1:30 p.m., at the State Capitol in Salem.
HOUSE INTERIM COMMITTEE ON EDUCATION
December 6, 1999
The House Interim Committee on Education adopted its rules at its first meeting of the 1999-2000 Interim. Rep. Jackie Winters reported on the activities of the House Special Committee on the Quality Education Model Review, and Kate Dickson reviewed plans for the Education Leadership Team. The committee expressed a desire to have additional members named to the Education Leadership Team representing southern and eastern Oregon.
The committee considered a number of Emergency Board reservations for the Department of Education, including appropriation of funds for the Education Leadership Team, Charter Schools, adding physical education to the Certificate of Initial Mastery (CIM), Junior Achievement, and Student Leadership. All but one was sent to the Emergency Board with the recommendation that the funds be appropriated. The physical education request was sent with the recommendation that the two requested positions be temporary.
Chris Nuffer, Molalla Alternative Options School, presented an overview of her facility, its staff, its student makeup, and its experience with the new charter school law. Linda Duman, Lourdes School, Scio, gave a similar overview of that facility, and her experience in trying to form a charter school. There were questions raised regarding what relationship charter schools are to have with Education Service Districts (ESDs) and their parent school districts, and how those relationships differ from those of typical public schools.
Jim Green, Oregon School Boards Association (OSBA), and Pat Burk, Portland Public Schools, were present to answer questions regarding the formation of district charter school policies. Mr. Green noted that OSBA is recommending that districts extend an initial two-year charter (as opposed to the maximum allowed by law) to startup charter schools, since such schools are relatively new to Oregon. The committee discussed the process of preparation for applications for federal charter school grants and exactly what percentage of a federal grant a school district should be entitled to for overseeing grant monies.
Rob Kremer, Oregon Charter School Center (OCSC), testified that many districts in Oregon have been less than receptive to charter school formation. He suggested that some districts have delayed notifying applicants of their insufficient applications and indicated that allowing up to five percent of grant money to go to districts was unprecedented in other states.
Tricia Bozak and Mark Toledo, Oregon Education Association (OEA), testified regarding the regulation of uncertified teachers in charter schools. The committee considered whether districts are allowed to set certification requirements higher than the 50 percent minimum set by SB 100.
Sally Bigongiari and Mary Kate Edmonston testified regarding their concerns stemming from efforts to receive a charter for The Village School in Eugene District 4-J.
JOINT INTERIM COMMITTEE ON WATER, AGRICULTURE AND NATURAL RESOURCES
January 19, 2000
The committee reviewed four agency funding requests scheduled to be heard by the Legislative Emergency Board (E-Board) in February. Requests and recommendations of the committee are as follows:
Committee staff presented a summary of the EZ Drain-DEQ issue. The Multnomah County Circuit Court remanded the case (Case No. 9809-06683) to DEQ, ordering the agency to determine an on-site septic system standard, develop objective criteria to test alternative on-site septic systems (against the standard), and re-evaluate all alternative products pending approval and all future applications against the standard, using newly written objective criteria.
On December 22, 1999, the Environmental Quality Commission (EQC) adopted DEQ’s proposed administrative rule specifying the standard and objective measurement criteria. The new administrative rule takes effect on March 1, 2000. Alex Mauck and his attorney, representing EZ Drain, presented testimony as to why they do not believe the new administrative rule fulfills the intent of the court’s order on remand. Dennis Illingworth, DEQ’s Water Quality Division manager, testified as to the administrative rule’s efficacy. The committee found that no alternative technology referenced during testimony could comply with the new rules adopted by the EQC. Therefore, the committee unanimously supported requesting that DEQ suspend implementation of the March 1 deadline and seek additional rulemaking on this issue.
The committee held an informational hearing on the Oregon Department of Fish & Wildlife’s (ODFW) hatchery fish policy. Steve Williams, Natural Resources Deputy Director for ODFW, Joe Rohleder, ODFW Legislative Liaison, and Doug Dehart, ODFW Fish Biologist, provided a detailed explanation of ODFW’s fisheries program and fish genetics as they relate to the interaction between native and hatchery stocks. Dr. Jim Hall, retired Oregon State University (OSU) professor presented testimony supporting starting over with a new stock of fish in the Alsea Basin. Dr. Jim Lannon, retired OSU professor, presented evidence that the Alsea Basin gene pool no longer exists. He also suggested that the decline in Coastal Coho returns can be followed back to the 1930’s. Dr. William McNeil, retired OSU professor and retired project manager for hatchery construction, presented evidence on fish mortality, stating that about half of fish mortality occurs in the ocean and El Nino exasperates the problem. Dr. Benjamin Stout, Retired OSU professor, noted that it is irrational to differentiate between hatchery and wild fish runs, that percentages of fish related to fish returns are meaningless, that the proposed NMFS 4d rule will close down forestry and agriculture if it remains as written, and that diversity is needed in the science addressing the coastal salmon issue. John Platt, Special Assistant to the Director of the Columbia River Inter-Tribal Fish Commission and Dr. Tom Backman, fish scientist presented examples of successful fish supplementation, scientific issues using quantifiable analysis, and advantageous hybrid vigor in fish. Ron Yachout of the Alsea River Alliance provided testimony in contrast to the ODFW’s current hatchery fish policy. Russ Brooks of the Pacific Legal Foundation testified that his organization has been involved in two lawsuits: one dealing with the Falls Creek Hatchery situation and the other with the federal listing of coastal Coho salmon. Mr. Brooks stated that there is no support for genetic difference under the Endangered Species Act.