Chapter 97 Oregon Laws 2001

AN ACT

SB 214

Relating to wild fish policy; creating new provisions; amending sections 1, 2 and 3, chapter 671, Oregon Laws 1999; repealing section 4, chapter 671, Oregon Laws 1999; and declaring an emergency.

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

SECTION 1. Section 1, chapter 671, Oregon Laws 1999, is amended to read:

Sec. 1. (1) [Notwithstanding the wild fish management policy adopted by rule by] The State Fish and Wildlife Commission[, the commission] shall adopt by rule plans for the natural production of anadromous fish runs in the basins set forth in subsection (2) of this section. The commission shall adopt the plans [shall be adopted] after government-to-government consultation in the forum established pursuant to United States v. Oregon, United States District Court Case No. 68-513 MA, among the State Department of Fish and Wildlife and the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon and the Nez Perce Tribe.

(2) The basins for which plans may be adopted under subsection (1) of this section are:

(a) Hood;

(b) Deschutes;

(c) Fifteenmile Creek;

(d) John Day;

(e) Umatilla;

(f) Walla Walla;

(g) Grande Ronde; and

(h) Imnaha.

(3) Of the basins set forth in subsection (2) of this section, the commission shall give priority to adopting plans for the Grande Ronde, Imnaha, Umatilla, Walla Walla and Hood basins.

SECTION 2. Section 2, chapter 671, Oregon Laws 1999, is amended to read:

Sec. 2. The plans adopted pursuant to section 1, chapter 671, Oregon Laws 1999, [of this 1999 Act] shall:

(1) Incorporate sound science;

(2) Be based upon adaptive management, incorporating monitoring and evaluation and clearly defined objectives and outcomes;

(3) Benefit fish and wildlife;

(4) Be consistent with efforts of the State of Oregon to recover salmonid populations listed under the federal Endangered Species Act, 16 U.S.C. 1531 to 1544; and

(5) Include a [risk/benefit] risk versus benefit analysis to wild fish.

SECTION 3. Section 3, chapter 671, Oregon Laws 1999, is amended to read:

Sec. 3. [During the biennium beginning July 1, 1999,] The State Department of Fish and Wildlife shall report at least once every [three] six months to the appropriate legislative committee and the Governor on the progress of the department and the State Fish and Wildlife Commission in implementing sections 1 and 2, chapter 671, Oregon Laws 1999 [of this 1999 Act]. [On or before January 15, 2001, the department shall submit a written report on such progress to the Seventy-first Legislative Assembly.]

SECTION 4. Section 4, chapter 671, Oregon Laws 1999, is repealed.

SECTION 5. If this 2001 Act does not become effective until after July 1, 2001, the repeal of section 4, chapter 671, Oregon Laws 1999, by section 4 of this 2001 Act revives sections 1 to 3, chapter 671, Oregon Laws 1999. If this 2001 Act does not become effective until after July 1, 2001, this 2001 Act shall be operative retroactively to that date, and the operation and effect of sections 1 to 3, chapter 671, Oregon Laws 1999, shall continue unaffected from July 1, 2001, to the effective date of this 2001 Act and thereafter. Any otherwise lawful action taken or otherwise lawful obligation incurred under the authority of sections 1 to 3, chapter 671, Oregon Laws 1999, after July 1, 2001, and before the effective date of this 2001 Act, is ratified and approved.

SECTION 6. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

Approved by the Governor April 20, 2001

Filed in the office of Secretary of State April 20, 2001

Effective date April 20, 2001

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