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NATURAL RESOURCES, AGRICULTURE, & ENVIRONMENT STANDING COMMITTEE
Members Present: Rep. Roger E. Barrus, Chair
Rep. John Mathis, Vice Chair
Rep. Mel Brown
Rep. Brad Dee
Rep. Jack Draxler
Rep. Kerry Gibson
Rep. James Gowans
Rep. Neal Hendrickson
Rep. Mike Noel
Rep. Patrick Painter
Rep. Phil Riesen
Rep. Christine Watkins
Rep. Ryan D. Wilcox
Rep. Brad Winn
Staff Present: Brian Allred, Policy Analyst
Carrie Griffith, Committee Secretary
Note: List of visitors and a copy of handouts are filed with committee minutes
Rep. Barrus called the meeting to order at 2:03 p.m.
MOTION: Rep. Hendrickson moved to approve the minutes of the February 18, 2009 meeting. The motion passed unanimously with Rep. Brown, Rep. Dee, Rep. Gowans and Rep. Winn absent for the vote.
H.B. 164 Migratory Bird Production Areas (Rep. C. Oda)
MOTION: Rep Gibson moved to delete H.B . 164 and replace it with 1st Sub. H.B. 164. The motion passed unanimously with Rep. Brown, Rep. Dee, Rep. Gowans and Rep. Winn absent for the vote.
Rep. Oda explained the bill to the committee.
Spoke for the bill: Scott Sabey, Attorney--South Shore Duck Clubs
Robin Thomas, Division of Wildlife Resources
Carlos Buceros, Utah Department of Transportation
Bill Fenimore, Utah Audubon Council
Ed Kent, Utah Wildlife and Habitat Coalition
Rob Jensen, State Chairman Ducks Unlimited
MOTION: Rep. Riesen moved to pass 1st Sub H.B. 164 out favorably.
SUBSTITUTE
MOTION: Rep. Gibson moved to proceed to the next item on the agenda. The motion failed with Rep. Barrus, Rep. Brown, Rep. Gibson, Rep. Hendrickson, Rep. Mathis, Rep. Noel, and Rep. Winn voting in the affirmative.
The original motion to pass 1st Sub H.B. 164 out favorably passed with Rep. Brown, Rep. Gibson, Rep. Hendrickson, Rep. Mathis and Rep. Noel voting in opposition.
1st Sub. H.B. 187 Recreational Use of Public Waters on Private Property (Rep. B. Ferry)
Rep. Ferry explained the bill to the committee.
MOTION: Rep. Painter moved to amend the bill as follows:
1. Page 7, Line 192 :
192 (5)
{
(a)
}
A person may not fish:
The motion passed unanimously.
Spoke for the bill: Randy Sessions, citizen
Tom Bingham, Utah Farm Bureau
MOTION: Rep. Brown moved to amend the bill as follows:
1. Page 7, Lines 192 through 199 :
192 (5) (a) A person may not
{
fish
}
engage in a recreational activity
:
193
{
(a)
}
(i)
in a public water:
194
{
(i)
}
(A)
listed in Section
73-6a-202
; and
195
{
(ii)
}
(B)
located on or adjacent to property to which access is restricted;
and
196
{
(b)
}
(ii)
within
{
500
}
300
feet
or within view, whichever is
closer,
of a single family dwelling that is built before May 12, 2009, and
197
qualifies for the residential exemption under Section
59-2-103
if the owner of the single
family197
198 dwelling posts a notice visible from the bed indicating the segment of public water in which
199
{
fishing
}
a recreational activity
is prohibited by this section.
(b)Notwithstanding Subsection (5)(a), a person may walk within the bed of a
public water described by Subsection (5)(a) from an entrance to the bed described in
Subsection (4) to a segement of the public water in which a recreational activity is
allowed by this part.
SUBSTITUTE
MOTION: Rep. Draxler moved to amend the bill as follows:
1. Page 6, Line 173 :
173 (2)
{
Except as provided by Subsection (5), a
}
A
person may engage in a
recreational
2. Page 7, Lines 192 through 200 :
192
{
(5) (a) A person may not fish:
193 (a) in a public water:
194 (i) listed in Section 73-6a-202 ; and
195 (ii) located on or adjacent to property to which access is restricted; and
196 (b) within 500 feet of a single family dwelling that is built before May 12, 2009, and
197 qualifies for the residential exemption under Section 59-2-103 if the owner of the single family
198 dwelling posts a notice visible from the bed indicating the segment of public water in which
199 fishing is prohibited by this section. }
200
{
(6)
}
(5)
A person may not engage in a recreational activity authorized by
Subsection (2) if
The motion failed with Rep. Dee, Rep. Draxler, Rep. Riesen, Rep. Watkins and Rep. Wilcox voting in the affirmative.
SUBSTITUTE
MOTION: Rep. Noel moved to accept Rep. Brown's amendment with the following changes:
1. Page 7, Line 196 :
196
{
(b)
}
(ii)
within
{
500
}
150
feet
The motion passed unanimously.
Rep. McIff responded to property rights questions relating to Lines 327 and 328 of the bill.
Spoke against the bill: Paul Dremann, Blue Ribbon Fisheries Advisory Council (handout)
Rob Hughes, Resident South Jordan
Jeff Donovan, concerned citizen
Randall Peterson, concerned citizen
Byron Gunderson, commercial anglers
Bob Dibblee, President Utah council of Trout Unlimited
Jim Carter, Anglers Coalition
Jeff Salt, recreational boating
Spoke for the bill: Chris Sloan, Utah Association of Realtors
Dan Massey, land owner Weber River
Kathleen Clarke, Utah Department of Agriculture and Food and in behalf of Utah Association of Conservation Districts
Eve Furse, resident Weber River
Brent Bowman, cattle rancher
Arthur Douglas, Utah Farmers Union
Brent Tanner, Utah Cattlemen's Association
Mike Kohler, Dairy Farmers of Utah
Rusty Dassing, river guide
Rep. McIff further explained the bill to the committee and the public.
MOTION: Rep. Draxler moved to amend the bill as follows:
1. Page 9, Lines 248 through 250 :
248 (16) Lower Sevier River from the Yuba dam downstream to Sevier Lake;
{
and
}
249 (17) White River from the Colorado state line in Uintah County downstream to the
250 confluence with the Green River
{
.
}
(18) Blacksmith Fork River from the State Road 165 bridge upstream to Lions Hollow; and
(18) Blacksmith Fork River from the State Road 165 bridge upstream to Lions Hollow; and
(19) Logan River from the Red Banks Campground to the Idaho state line.
Rep. Gibson declared a conflict of interest because he owns property on the Weber River. The motion passed unanimously.
MOTION: Rep. Noel moved to pass 1st Sub. H.B. 187 out favorably as amended. The motion passed with Rep. Dee, rep. Riesen, Rep Watkins and Rep. Wilcox voting in opposition.
Due to time restraints, the following bills were not heard:
H.C.R. 7 Concurrent Resolution Expressing Opposition to the Congressional Enactment of the National Landscape Conservation System (Rep. M. Brown)
and
H.B. 143 Vehicle Inspection and Emission Testing Exemptions (Rep. K. Sumsion)
MOTION: Rep. Brown moved to adjourn. The motion passed unanimously.
Rep. Barrus adjourned the meeting at 4:43 p.m.
_________________________