71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 990
 
                         House Bill 2167
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for State Department of Fish and Wildlife)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Repeals sunset of provision allowing landowners to exchange
landowner preference tag for hunting of deer or elk, for two tags
for hunting of antlerless animals for purpose of alleviating
property damage. Repeals sunset of provisions allowing transfer
of landowner preference tags to persons who are not immediate
family members.
 
                        A BILL FOR AN ACT
Relating to landowner preference tags; creating new provisions;
  amending ORS 496.146; and repealing section 2, chapter 460,
  Oregon Laws 1995.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS chapter 496. + }
  SECTION 2.  { + (1) As used in this section, 'immediate family
members' means husband, wife, father, mother, brothers, sisters,
sons, daughters, stepchildren and grandchildren.
  (2) Licenses, tags and permits issued pursuant to ORS 496.146
(4) may include landowner preference tags for a person and
immediate family members of the person to hunt on land owned by
the person in areas where permits for deer, elk or antelope are
limited by quota. The following provisions apply to landowner
preference tags issued by the State Fish and Wildlife Commission:
  (a) Tags may be issued only for the hunting of deer, elk or
antelope on the landowner's property.
  (b) Tags for the hunting of deer or elk may be transferred to
any person of the landowner's choosing for the taking of
antlerless animals as provided in subsection (4) of this section.
  (c) Tags for the hunting of antelope may not be transferred and
may not be used for the taking of buck antelope.
  (3) In accordance with rules adopted by the commission, a
qualified landowner receiving a controlled hunt tag for that unit
or a landowner preference tag for the hunting of deer or elk may
use that tag to take two antlerless animals before, during or
after the hunting season for which the tags are valid for the
purpose of alleviating damage that is presently occurring to the
landowner's property.
  (4) Landowner preference tags for the hunting of deer or elk
that are transferred by the landowner to persons who are not
immediate family members may be used to take an antlered animal
only as follows:
  (a) If the landowner receives one preference tag, that tag may
not be so used.
  (b) If the landowner receives two, three or four preference
tags, one of those tags may be so used.
  (c) If the landowner receives five, six or seven preference
tags, two of those tags may be so used.
  (d) If the landowner receives eight or more preference tags,
three of those tags may be so used.
  (5) A landowner qualified to receive landowner preference tags
from the commission may request up to four additional tags, two
additional tags for providing public access and two additional
tags for wildlife habitat programs. To receive additional tags, a
landowner desiring additional tags must apply to the Access and
Habitat Board with supporting evidence that the access provided
to the public is significant and that the habitat programs
benefit wildlife. The board may recommend that the commission
grant the request. + }
  SECTION 3. ORS 496.146 is amended to read:
  496.146. In addition to any other duties or powers provided by
law, the State Fish and Wildlife Commission:
  (1) May accept, from whatever source, appropriations, gifts or
grants of money or other property for the purposes of wildlife
management, and use such money or property for wildlife
management purposes.
  (2) May sell or exchange property owned by the state and used
for wildlife management purposes when the commission determines
that such sale or exchange would be advantageous to the state
wildlife policy and management programs.
  (3) May acquire, introduce, propagate and stock wildlife
species in such manner as the commission determines will carry
out the state wildlife policy and management programs.
  (4) May by rule authorize the issuance of such licenses, tags
and permits for angling, hunting and trapping and may prescribe
such tagging and sealing procedures as the commission determines
necessary to carry out the provisions of the wildlife laws or to
obtain information for use in wildlife management.   { - Permits
issued pursuant to this subsection may include special hunting
permits for a person and immediate family members of the person
to hunt on land owned by that person in areas where permits for
deer or elk are limited by quota. As used in this subsection,
'immediate family members' means husband, wife, father, mother,
brothers, sisters, sons, daughters, stepchildren and
grandchildren. A landowner who is qualified to receive landowner
preference tags from the commission may request two additional
tags for providing public access and two additional tags for
wildlife habitat programs. This request shall be made to the
Access and Habitat Board with supporting evidence that the access
is significant and the habitat programs benefit wildlife. The
board may recommend that the commission grant the request. When a
landowner is qualified under landowner preference rules adopted
by the commission and receives a controlled hunt tag for that
unit or a landowner preference tag for the landowner's property
and does not use the tag during the regular season, the landowner
may use that tag to take an antlerless animal, when approved by
the State Department of Fish and Wildlife, to alleviate damage
that is presently occurring to the landowner's property. - }
  (5) May by rule prescribe procedures requiring the holder of
any license, tag or permit issued pursuant to the wildlife laws
to keep records and make reports concerning the time, manner and
place of taking wildlife, the quantities taken and such other
information as the commission determines necessary for proper
enforcement of the wildlife laws or to obtain information for use
in wildlife management.
 
  (6) May establish special hunting and angling areas or seasons
in which only persons less than 18 years of age or over 65 years
of age are permitted to hunt or angle.
  (7) May acquire by purchase, lease, agreement or gift real
property and all appropriate interests therein for wildlife
management and wildlife-oriented recreation purposes.
  (8) May acquire by purchase, lease, agreement, gift, exercise
of eminent domain or otherwise real property and all interests
therein and establish, operate and maintain thereon public
hunting areas.
  (9) May establish and develop wildlife refuge and management
areas and prescribe rules governing the use of such areas and the
use of wildlife refuge and management areas established and
developed pursuant to any other provision of law.
  (10) May by rule prescribe fees for licenses, tags, permits and
applications issued or required pursuant to the wildlife laws,
and user charges for angling, hunting or other recreational uses
of lands owned or managed by the commission, unless such fees or
user charges are otherwise prescribed by law. Except for licenses
issued pursuant to subsection (14) of this section, no fee or
user charge prescribed by the commission pursuant to this
subsection shall exceed $100.
  (11) May enter into contracts with any person or governmental
agency for the development and encouragement of wildlife research
and management programs and projects.
  (12) May perform such acts as may be necessary for the
establishment and implementation of cooperative wildlife
management programs with agencies of the federal government.
  (13) May offer and pay rewards for the arrest and conviction of
any person who has violated any of the wildlife laws. No such
reward shall exceed $100 for any one arrest and conviction.
  (14) May by rule prescribe fees for falconry licenses issued
pursuant to the wildlife laws, unless such fees are otherwise
prescribed by law. Fees prescribed by the commission pursuant to
this subsection shall be based on actual or projected costs of
administering falconry regulations and shall not exceed $250.
  (15) May establish special fishing and hunting seasons and bag
limits applicable only to persons with disabilities.
  (16) May adopt optimum populations for deer and elk consistent
with ORS 496.012. These population levels shall be reviewed at
least once every five years.
  (17) Shall establish a preference system so that individuals
who are unsuccessful in controlled hunt permit drawings for deer
and elk hunting have reasonable assurance of success in those
drawings in subsequent years.
  SECTION 4.  { + Section 2, chapter 460, Oregon Laws 1995, is
repealed. + }
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