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 185
A-Engrossed
House Bill 2605
Ordered by the House April 20
Including House Amendments dated April 20
Sponsored by Representative JENSON; Representatives KRUSE,
MORGAN, P SMITH, T SMITH, Senator FERRIOLI
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.
{ - Requires person seeking listing of species on state
threatened or endangered species list to show person will be
adversely affected or aggrieved by nonlisting. - }
{ + Authorizes State Fish and Wildlife Commission to sell
advertising in State Department of Fish and Wildlife
publications, including annual hunting and angling regulation
publications. + }
A BILL FOR AN ACT
Relating to wildlife; amending ORS 496.146.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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.
{ + (18) May sell advertising in State Department of Fish and
Wildlife publications, including annual hunting and angling
regulation publications. + }
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