Download Zipped File WP 6.1 0423NAEM.ZIP 6,531 Bytes

Natural Resources, Agriculture, and Environment Interim Committee

MINUTES OF THE

NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT

INTERIM COMMITTEE

April 23, 1997 - 2:00 p.m. - Room 303 State Capitol



Members Present:                    Members Absent:
    Sen. Alarik Myrin, Cochair                Rep. Bill Wright
    Rep. Bradley T. Johnson, Cochair
    Sen. R. Mont Evans                 Members Excused:
    Sen. Joseph L. Hull                    Sen. Craig A. Peterson
    Rep. Eli H. Anderson                    Rep. Melvin R. Brown
    Rep. Craig W. Buttars                Rep. Jordan Tanner
    Rep. Mary Carlson
    Rep. Beverly A. Evans             Staff Present:
    Rep. James R. Gowans                Ms. Constance C. Steffen,
    Rep. Tom Hatch                        Research Analyst
    Rep. Dennis H. Iverson                Ms. Jeanenne B. Larson,
    Rep. Evan L. Olsen                        Associate General Counsel
    Rep. Michael R. Styler                Ms. Joy L. Miller,
    Rep. Daniel H. Tuttle                        Secretary


    Note:    A list of others present and a copy of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.


1.    Committee Business - Chairman Myrin called the meeting to order at 2:15 p.m. Members of the committee introduced themselves and indicated which area of the state they represent.

    Ms. Steffen discussed the interim schedule. She pointed out that in September the Legislature will be meeting off-site in the Uintah Basin. There will be no December meeting.

2.    Division of Wildlife Resources Lands - Sen. Myrin explained the Division of Wildlife Resources acquires and manages land for wildlife purposes. There is some interest in providing for more extensive public input when the division contemplates acquiring land and in the development of land management plans. A formal process could be developed whereby the division would consult with county commissions and planning organizations to deal with conflicts up front. He discussed the possibility of creating an ad hoc task force.

    Mr. John Kimball, Division of Wildlife Resources, distributed a check list the division follows during the process of acquiring land. He said he hoped to formalize the check list to adequately address the concerns of the committee. A copy of the Habitat Annual Report was also distributed.

     MOTION: Rep. Styler moved to establish a task force to formalize the process of land acquisition. The motion passed unanimously. Sen. Evans and Rep. Olsen were absent during the vote.

3.    Species Protection - Mr. Larry Anderson, Division of Water Resources, indicated that there is a need for some mechanism to fund the mitigation required to comply with the Endangered Species Act which was passed in 1973. Within Utah there are 40 plant or animal species listed as threatened or endangered. There are also 14 species that are candidates to be listed. Although the act has not been reauthorized, it has been funded each year by Congress. As urban growth and industrial and water development take place in Utah, conflicts arise with the act. The four endangered fish in the Colorado River Basin are a good example of the problems being faced with the act. Since 1988 over $55 million has been spent on the recovery of the fish. It is estimated that within the next ten years another $100-$300 million will be required for mitigation.

    Mr. Anderson distributed a handout showing mitigation costs. It is estimated that Utah's share of the cost to recover the species listed on the handout is $30-$70 million. He stated the Department of Natural Resources hopes the committee studies the issue to determine if there is a mechanism to create a fund to help pay the cost.

4.    Falconry Proclamation - Sen. Myrin explained that there are concerns regarding whether the proposed regulations are within the scope of the law. Falconers met with the division prior to contacting him. They told him they felt their input on the proclamation had not been taken seriously. Since that time there has been some law enforcement action taken by the federal government which appeared to be possible harassment of citizens interested in the issue.

    Mr. Kimball indicated his concerns are whether the practice puts the population in jeopardy and whether the animals are kept in a humane way. Currently the proclamation is in draft form and will now go to the five regional advisory councils. It will then be sent back to the Wildlife Board. The board, acting on the regional advisory council recommendations, will either adopt the proclamation or make changes. In any instance where the board does not follow a council's recommendations, the board is required to state why the recommendations were not followed and what type of action they will approve. Mr. Kimball stated he was informed that the federal inspections were part of the standard work program.

    Mr. Robert Bagley, President, Utah Falconers and Raptor Breeders Association, said there are 210 licensed falconers in the state. Since their concerns had not been adequately addressed by the division, they decided to contact the Legislature. Since contacting legislators, meetings with the division have been more productive. He said one of their concerns is that there seems to be a paradigm within the division that the federal guidelines under which the falconers

operate are somehow full of loopholes and there should be more restrictive state regulations.

    Mr. Sidney Kent Carnie, North American Falconers Association, indicated his association deals with the sport at the federal level. Falconers were instrumental in forming model state regulations in order to alleviate any misunderstanding about the sport. When the Migratory Bird Treaty Act was amended to give the federal government primary jurisdiction over hawks, the state model regulations were used to develop the federal regulations. Mr. Carnie pointed out that wildlife law enforcement is an essential tool to the proper functioning of the wildlife management program. Unfortunately, some people without adequate wildlife background and more enforcement background become more concerned with regulation than the resource and lose sight of why the regulations were originally enacted. States became concerned that the federal government was being too severe in the implementation of its regulation. Mr. Carnie said the tendency over the past eight years has been to simplify the regulations.

    Sen. Pete Suazo indicated when he first received his falconers license, the proclamation was four pages. It has since increased to 17 pages. The state is spending much more than what is being brought in to regulate the small number of falconers in the state. Other states have adopted the U.S. Fish and Wildlife regulations without adding another layer of regulations.

    Mr. Howard Brinkerhoff, Falcons Ledge, pointed out there is nothing in the federal provisions governing falconers that provides for routine inspections. In other states regulations on falconry are being reduced. He asserted it is critical that a new relationship between falconers and the division be established. If the relationship cannot be improved, oversight of falconers should be put under another agency.

    Mr. Kimball stated he would obtain information from the U.S. Fish and Wildlife Service regarding when the inspections were scheduled. He noted that recent meetings between the division and falconers have been constructive. He said he would encourage the falconers to attend the regional advisory council meetings. A copy of the meeting schedules will be sent to committee members.

     MOTION: Rep. Johnson moved to review the proclamation process with the division. The motion passed unanimously. Sen. Evans and Hull and Reps. Iverson, Olsen, Styler, and Tuttle were absent. The chair noted a quorum was not present.

5.    Environmental Issues - Dr. Dianne Nielson, Department of Environmental Quality, distributed information on the department's operations. She reviewed the department's goals, values, and operating principles. Dr. Nielson indicated that since 1995, FTE levels and the department's operating budget have essentially remained the same. She reviewed the different divisions within the department and their corresponding responsibilities. Some of the key issues

for the department include: 1) partnerships with local health departments; 2) the Safe Drinking Water Act; 3) voluntary cleanups; and 4) individual wastewater systems.

    Dr. Nielson distributed a copy of an executive order concerning a proposed high level nuclear waste facility and a copy of the governor's comments on the facility. The proposed temporary facility is approximately 40 miles west of Salt Lake City on the Goshute tribe's reservation. The concern with the proposal is not only an issue of safety, it is an issue of whether the facility will become permanent. A determination was made nationally that the best way to handle storage of the waste is to do deep geologic storage. Chances are excellent that the state will be able to prevent the storage of nuclear waste on the reservation.

6.    Other Business - Rep. Johnson asked if members had any comments or additions to the list of proposed study items.

    Rep. Carlson stated she would like to see nonhunters involved with wildlife issues. Ms. Steffen noted the Wildlife Heritage Act is scheduled to sunset. It refers to the nonconsumptive wildlife program and would pertain to Rep. Carlson's request.

    Rep. Johnson stated that a field trip to the Grand Staircase - Escalante National Monument has been suggested. The committee discussed which portions of the monument they should visit.

    Rep. Hatch indicated he would be willing to put together a proposal for the trip and bring it back to the committee at the next meeting. Rep. Iverson requested the committee visit the water district in his area at the same time.

    Sen. Evans said there is intent language that directs the Department of Corrections and the Division of Facilities, Construction and Management to meet with the local entities working on preserving open space along the Jordan River and to develop a plan to present to an interim committee.

    Rep. Johnson indicated the issue would be added to the list of study items.

     MOTION: Rep. Carlson moved to request approval from the Legislative Management Committee for the field trip. The motion passed unanimously. Sen. Hull, and Reps. Anderson, Styler, and Tuttle were absent during the vote.

     MOTION: Sen. Evans moved to adjourn the meeting at 4:35 p.m. The motion passed unanimously.


[Back to the Interim Directory][Back to the Monthly Schedule][Back to the Committee Listing] Utah State Legislature