Chapter 822 Oregon Laws 2001

AN ACT

SB 62

Relating to the State Wildlife Fund; creating new provisions; amending ORS 496.242, 496.300, 496.555, 496.566, 497.132, 498.331 and 498.341; repealing ORS 496.570; appropriating money; and declaring an emergency.

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

SECTION 1. ORS 496.242 is amended to read:

496.242. (1) Notwithstanding ORS 496.300, all moneys received by the State Fish and Wildlife Commission pursuant to section 19, chapter 659, Oregon Laws 1993, shall be deposited in [a separate] the Access and Habitat Board Subaccount established in the [State Wildlife Fund] Fish and Wildlife Account. Moneys in the subaccount may be expended only for the access and habitat programs recommended by the Access and Habitat Board for the benefit of the wildlife resources of this state.

(2) The State Department of Fish and Wildlife shall credit the subaccount with a sum equal to 15 percent of the other fund budget for the green forage and Deer Enhancement and Restoration programs in each biennium.

(3) The department shall not assess its personnel costs in the administration of ORS 496.166 and 496.228 to 496.242 against the subaccount referred to in this section without the prior approval of the Access and Habitat Board.

SECTION 2. ORS 496.300 is amended to read:

496.300. (1) The State Wildlife Fund is established in the State Treasury separate and distinct from the General Fund. Except as otherwise provided by law, all moneys received by the State Fish and Wildlife Commission pursuant to the wildlife laws, except such as may be required as a revolving fund for payroll and emergency expenses, shall be paid into the State Treasury and credited to the fund. [Except as provided in subsection (5) of this section,] All moneys in the fund are appropriated continuously to the commission to carry out the wildlife laws. Interest earnings on all moneys in the fund shall be retained in the fund.

[(2) All moneys received by the commission from the sale of migratory waterfowl stamps shall be deposited in the State Wildlife Fund.]

[(3) All moneys received by the commission from the sale of art works and prints related to the migratory waterfowl stamp shall be deposited in a separate subaccount in the State Wildlife Fund. Moneys in the subaccount may be expended only for activities that promote the propagation, conservation and recreational uses of migratory waterfowl and for activities related to the design, production, issuance and arrangements for sale of the migratory waterfowl stamps and related art works and prints. Expenditures of moneys in the subaccount may be made within this state, in other states or in foreign countries, in such amounts as the commission determines appropriate. Expenditures in other states and foreign countries shall be on such terms and conditions as the commission determines will benefit most directly the migratory waterfowl resources of this state.]

[(4)] (2)(a) The commission shall keep a record of all moneys deposited in the State Wildlife Fund. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged.

(b) Using the record created pursuant to paragraph (a) of this subsection, the commission shall report, in the budget documents submitted to the Legislative Assembly, on the application of investment and interest earnings to the maintenance of fish hatcheries and other State Department of Fish and Wildlife facilities.

[(5)(a) The Fish Screening Subaccount is established in the State Wildlife Fund. The subaccount shall consist of:]

[(A) All penalties recovered under ORS 536.900 to 536.920.]

[(B) All moneys received pursuant to ORS 498.306.]

[(C) All gifts, grants and other moneys from whatever source that may be used to carry out the provisions of ORS 498.306, 498.311 and 509.615.]

[(D) All moneys received from the surcharge on angling licenses imposed by ORS 497.124.]

[(b) All moneys in the subaccount are appropriated continuously to the State Department of Fish and Wildlife to carry out the provisions of ORS 315.138, 498.306, 498.311, 509.615 and 509.620. However, moneys received from the surcharge on angling licenses imposed by ORS 497.124 shall be expended only to carry out the provisions of law relating to the screening of water diversions at a rate less than 30 cubic feet per second.]

[(c) Of the moneys in the subaccount budgeted for administrative expenses, up to 50 percent of that amount may be expended for activities associated with the screening of diversions over 30 cubic feet per second and for fish passages issues.]

[(6) The Fish Endowment Account is established in the State Treasury, separate and distinct from the General Fund. The account shall consist of transfers of moneys authorized by the Legislative Assembly from the State Wildlife Fund and gifts and grants of moneys from whatever source for the purpose of paying the expense of maintaining fish hatcheries operated by the department. Interest earnings on moneys in the account, but no portion of the principal, may be transferred to the State Wildlife Fund and may be expended only for the maintenance of fish hatcheries operated by the department.]

[(7) The Halibut Research Account is created as a subaccount in the State Wildlife Fund. Based on the annual number of recreational halibut anglers, a portion of the moneys derived from the sale of the salmon, steelhead trout, sturgeon and halibut tag pursuant to ORS 497.121 shall be credited to the account. Moneys in the account may be expended only for halibut population studies and other research.]

SECTION 3. (1) The Fish and Wildlife Account is established in the State Treasury, separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the State Fish and Wildlife Commission. The Fish and Wildlife Account shall consist of the moneys in its various subaccounts and any moneys transferred to the account by the Legislative Assembly. Unless otherwise specified by law, interest earnings on moneys in the account shall be paid into the State Treasury and credited to the State Wildlife Fund.

(2)(a) The Fish Screening Subaccount is established in the Fish and Wildlife Account. The subaccount shall consist of:

(A) All penalties recovered under ORS 536.900 to 536.920.

(B) All moneys received pursuant to ORS 498.306.

(C) All gifts, grants and other moneys from whatever source that may be used to carry out the provisions of ORS 498.306, 498.311 and 509.615.

(D) All moneys received from the surcharge on angling licenses imposed by ORS 497.124.

(b) All moneys in the subaccount shall be used to carry out the provisions of ORS 315.138, 498.306, 498.311, 509.615 and 509.620. However, moneys received from the surcharge on angling licenses imposed by ORS 497.124 shall be expended only to carry out the provisions of law relating to the screening of water diversions at a rate less than 30 cubic feet per second.

(c) Of the moneys in the subaccount budgeted for administrative expenses, up to 50 percent of that amount may be expended for activities associated with the screening of diversions over 30 cubic feet per second and for fish passages issues.

(3) The Fish Endowment Subaccount is established in the Fish and Wildlife Account. The subaccount shall consist of transfers of moneys authorized by the Legislative Assembly from the State Wildlife Fund and gifts and grants of moneys from whatever source for the purpose of paying the expense of maintaining fish hatcheries operated by the department.

(4) The Migratory Waterfowl Subaccount is established in the Fish and Wildlife Account. All moneys received by the commission from the sale of art works and prints related to the migratory waterfowl stamp shall be deposited in the subaccount. Moneys in the subaccount may be expended only for activities that promote the propagation, conservation and recreational uses of migratory waterfowl and for activities related to the design, production, issuance and arrangements for sale of the migratory waterfowl stamps and related art works and prints. Expenditures of moneys in the subaccount may be made within this state, in other states or in foreign countries, in such amounts as the commission determines appropriate. Expenditures in other states and foreign countries shall be on such terms and conditions as the commission determines will benefit most directly the migratory waterfowl resources of this state.

(5) The Halibut Research Subaccount is established in the Fish and Wildlife Account. Based on the annual number of recreational halibut anglers, a portion of the moneys derived from the sale of the salmon, steelhead trout, sturgeon and halibut tag pursuant to ORS 497.121 shall be credited to the subaccount. Moneys in the subaccount may be expended only for halibut population studies and other research.

(6) The Upland Bird Subaccount is established in the Fish and Wildlife Account. All moneys received by the State Fish and Wildlife Commission from the sale of upland bird stamps, from the sale of any art works and prints related to the upland bird stamp and from private hunting preserve permit fees shall be deposited in the subaccount. Moneys in the subaccount may be expended only for promoting the propagation and conservation of upland birds and the acquisition, development, management, enhancement, sale or exchange of upland bird habitat, and for activities related to the design, production, issuance and arrangements for sale of the upland bird stamps and related art works and prints. Expenditures of moneys in the subaccount shall be made for the benefit of programs within this state in such amounts and at such times as the commission determines appropriate to most directly benefit the upland bird resources of the state.

(7)(a) The Fish and Wildlife Deferred Maintenance Subaccount is established in the Fish and Wildlife Account. Interest earnings on moneys in the subaccount shall be credited to the subaccount. The subaccount shall consist of moneys authorized by the Legislative Assembly from the State Wildlife Fund and moneys obtained by gift, grant, bequest or donation from any other public or private source.

(b) The principal in the subaccount may be utilized only as provided in paragraph (c) of this subsection. Interest earnings on the moneys in the subaccount may be expended only for the maintenance of fish hatcheries and State Department of Fish and Wildlife facilities other than administrative facilities located in Portland.

(c) The department may borrow funds from the principal of the subaccount to maintain adequate cash flow requirements. However, moneys borrowed from the principal must be repaid to the subaccount:

(A) Within six months from the date on which the moneys were borrowed.

(B) With interest at the standard rate that the State Treasurer charges to state agencies for other loans. Interest paid under this subparagraph shall be paid to the subaccount.

(d) For purposes of this subsection, “principal” means moneys authorized by the Legislative Assembly for transfer to the subaccount from the State Wildlife Fund, including any assignment of earnings on moneys in the fund and other moneys obtained by gift, grant, bequest or donation deposited into the subaccount.

(8) The Access and Habitat Board Subaccount is established in the Fish and Wildlife Account. The subaccount shall consist of moneys transferred to the subaccount pursuant to ORS 496.242. Moneys in the subaccount may be used for the purposes specified in ORS 496.242.

(9)(a) The commission shall keep a record of all moneys deposited in the Fish and Wildlife Account. The record shall indicate by separate cumulative accounts the sources from which the moneys are derived and the individual activity or programs against which each withdrawal is charged.

SECTION 4. (1) On the effective date of this 2001 Act, the subaccount in the State Wildlife Fund consisting of moneys received by the State Fish and Wildlife Commission from the sale of art works and prints related to the migratory waterfowl stamp is abolished and moneys in the subaccount are transferred and appropriated to the Migratory Waterfowl Subaccount established in section 3 of this 2001 Act. All moneys credited, appropriated or payable to the abolished subaccount in the State Wildlife Fund on or after the effective date of this 2001 Act shall instead be credited, appropriated or payable to the Migratory Waterfowl Subaccount.

(2) On the effective date of this 2001 Act, the Fish Screening Subaccount in the State Wildlife Fund is abolished and moneys in the subaccount are transferred and appropriated to the Fish Screening Subaccount established in section 3 of this 2001 Act. All moneys credited, appropriated or payable to the Fish Screening Subaccount in the State Wildlife Fund on or after the effective date of this 2001 Act shall instead be credited, appropriated or payable to the Fish Screening Subaccount established in section 3 of this 2001 Act.

(3) On the effective date of this 2001 Act, the Fish Endowment Account is abolished and moneys in the account are transferred and appropriated to the Fish and Wildlife Deferred Maintenance Subaccount established in section 3 of this 2001 Act. All moneys credited, appropriated or payable to the Fish Endowment Account on or after the effective date of this 2001 Act shall instead be credited, appropriated or payable to the Fish and Wildlife Deferred Maintenance Subaccount.

(4) On the effective date of this 2001 Act, the Halibut Research Account is abolished and moneys in the account are transferred and appropriated to the Halibut Research Subaccount established in section 3 of this 2001 Act. All moneys credited, appropriated or payable to the Halibut Research Account on or after the effective date of this 2001 Act shall instead be credited, appropriated or payable to the Halibut Research Subaccount.

(5) On the effective date of this 2001 Act, the subaccount in the State Wildlife Fund created pursuant to ORS 496.570 and consisting of moneys received by the State Fish and Wildlife Commission from the sale of art works and prints related to the upland bird stamp is abolished. Moneys in the subaccount are transferred and appropriated to the Upland Bird Subaccount established in section 3 of this 2001 Act. All moneys credited, appropriated or payable to the subaccount in the State Wildlife Fund on or after the effective date of this 2001 Act shall instead be credited, appropriated or payable to the Upland Bird Subaccount.

(6) On the effective date of this 2001 Act, the subaccount in the State Wildlife Fund created pursuant to ORS 496.242 and consisting of moneys received by the State Fish and Wildlife Commission pursuant to section 19, chapter 659, Oregon Laws 1993, is abolished. Moneys in the subaccount are transferred and appropriated to the Access and Habitat Board Subaccount established in section 3 of this 2001 Act. All moneys credited, appropriated or payable to the subaccount in the State Wildlife Fund on or after the effective date of this 2001 Act shall instead be credited, appropriated or payable to the Access and Habitat Board Subaccount.

SECTION 5. Notwithstanding any other assignment of investment and interest earnings on moneys in the State Wildlife Fund, for the period beginning on July 1, 2001, and ending June 30, 2005, one-half of all investment and interest earnings on moneys in the State Wildlife Fund are transferred and appropriated to the Fish and Wildlife Deferred Maintenance Subaccount.

SECTION 6. ORS 496.555 is amended to read:

496.555. In carrying out its duties, functions and powers with regard to the migratory waterfowl stamp, the State Fish and Wildlife Commission may contract for the performance of those duties, functions and powers. The contract may include, among other matters, provisions for advance payment or reimbursement for services performed pursuant to any such contract. All costs and expenses incurred pursuant to this section shall be paid from the Migratory Waterfowl Subaccount [referred to in ORS 496.300 (3)] established under section 3 of this 2001 Act.

SECTION 7. ORS 496.566 is amended to read:

496.566. (1) The State Fish and Wildlife Commission shall arrange, by contest or other appropriate means, for the selection of the design of the annual upland bird stamp authorized by ORS 497.153 and for the production and sale of the stamps.

(2) The commission may produce stamps in such number as the commission considers appropriate and may make stamps available for the creation of upland bird art prints and other related art works and may arrange for the sale of stamps, prints and art works to persons desiring to purchase those items.

(3) In carrying out its duties, functions and powers with regard to the upland bird stamp, the State Fish and Wildlife Commission may contract for the performance of those duties, functions and powers. The contract may include, among other matters, provisions for advance payment or reimbursement for services performed pursuant to any such contract. All costs and expenses incurred pursuant to this section shall be paid from the Upland Bird Subaccount [referred to in ORS 496.300 (4)] established under section 3 of this 2001 Act.

SECTION 8. ORS 497.132 is amended to read:

497.132. (1) In lieu of issuing to resident persons separate licenses for angling and hunting, the State Fish and Wildlife Commission is authorized to issue resident annual combination angling and hunting licenses, and charge therefor a fee of $28.

(2)(a) In lieu of issuing to resident persons separate licenses and tags for various hunting and angling activities, the commission is authorized to issue resident annual sportsperson’s licenses and shall charge therefor a fee of $100. The purchaser of each such license is authorized to engage in those hunting and angling activities for which the following licenses and tags are required:

(A) Combination license;

(B) Black bear tag;

(D) General season elk tag;

(E) General season deer tag;

(F) Upland bird stamp;

(G) Oregon migratory waterfowl stamp;

(H) Turkey tag; and

(I) Annual tag to angle for salmon, steelhead trout, sturgeon and halibut.

(b) The holder of each sportsperson’s license who wishes to engage in hunting or angling activities for which permits are required that are limited by quota must participate in the process for allocation of the permits in the same manner as all other permit applicants. However, if the holder of a sportsperson’s license is unsuccessful in obtaining a permit limited by quota for a particular activity, the holder will be issued a tag valid for any general season for that species.

(c) Notwithstanding any other provision of the wildlife laws, of the moneys received from the sale of sportsperson’s licenses:

(A) Two dollars from each such license shall be credited to the subaccount referred to in ORS 496.242.

(B) Two dollars from each such license shall be credited to the subaccount referred to in section 10, chapter 512, Oregon Laws 1989.

(C) Twenty-five cents from each such license shall be credited to the Fish Screening Subaccount [referred to in ORS 496.300 (5)] established under section 3 of this 2001 Act.

SECTION 8a. ORS 497.132, as amended by section 17, chapter 1006, Oregon Laws 1999, is amended to read:

(A) Combination license;

(B) Black bear tag;

(D) General season elk tag;

(E) General season deer tag;

(F) Upland bird stamp;

(G) Oregon migratory waterfowl stamp;

(H) Turkey tag; and

(I) Annual tag to angle for salmon, steelhead trout, sturgeon and halibut.

(c) Notwithstanding any other provision of the wildlife laws, of the moneys received from the sale of sportsperson’s licenses:

(A) Two dollars from each such license shall be credited to the subaccount referred to in ORS 496.242.

(B) Five dollars from each such license shall be credited to the subaccount referred to in section 10, chapter 512, Oregon Laws 1989.

(C) Twenty-five cents from each such license shall be credited to the Fish Screening Subaccount [referred to in ORS 496.300 (5)] established under section 3 of this 2001 Act.

SECTION 9. ORS 498.331 is amended to read:

498.331. (1) Any two or more persons other than public corporations, municipal corporations, irrigation districts or owners of land served by the district, public utilities or entities that provide utility service, who install a screening or by-pass device on a water diversion, at a point shared by those persons, with a rate of 30 cubic feet per second or more, from any body of water in this state in which fish exist that are subject to the State Fish and Wildlife Commission’s regulatory jurisdiction, may make application to the State Department of Fish and Wildlife for reimbursement of construction and installation costs of such screening or by-pass device. Upon approval by the department in conjunction with the Fish Screening Task Force, reimbursement shall be made from the Fish Screening Subaccount established pursuant to [ORS 496.300] section 3 of this 2001 Act. However, reimbursement shall not exceed $10,000 or 60 percent of the actual construction and installation costs, whichever amount is the lesser.

(2) The department, by rule, shall prescribe the form and content of applications and the criteria for application approval.

SECTION 10. ORS 498.341 is amended to read:

498.341. Notwithstanding the limitation on the number of diversions to be screened as provided in ORS 498.306 and section 5, chapter 858, Oregon Laws 1991, if sufficient funds are made available in the Fish Screening Subaccount of the [State Wildlife Fund] Fish and Wildlife Account, by allocation from the Administrative Services Economic Development Fund or from other sources, the State Department of Fish and Wildlife may provide financial assistance for construction and installation of screening or by-pass devices on an additional 250 water diversions.

SECTION 11. ORS 496.570 is repealed.

SECTION 12. 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 July 1, 2001.

Approved by the Governor July 20, 2001

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

Effective date July 20, 2001

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