71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2842
Sponsored by Representative G SMITH; Representatives GARRARD,
NELSON, P SMITH, T SMITH, Senator FERRIOLI (at the request of
Phil Carlson)
CHAPTER ................
AN ACT
Relating to private hunting preserves; creating new provisions;
and amending ORS 497.248.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 497.248 is amended to read:
497.248. (1) No person shall engage in the business of
operating a private hunting preserve for the hunting of privately
owned or propagated game birds unless the person first obtains
from the State Fish and Wildlife Commission a private hunting
preserve license.
(2) The commission shall issue a private hunting preserve
license to an applicant therefor if the commission finds that the
operation of the preserve will meet the following requirements:
(a) The preserve is on one continuous tract of land owned by
the applicant or leased by the applicant { - for a period of at
least five years - } and contains:
(A) Not more than 640 acres, if the preserve is located in the
area west of the summit of the Cascade Mountains; or
(B) Not more than 1,280 acres, if the preserve is located in
the area east of the summit of the Cascade Mountains.
(b) The preserve is located at least three miles from any other
licensed private hunting preserve.
(c) No portion of the preserve is located closer than one-half
mile to any park, wilderness area, refuge or wildlife management
area operated by any agency of the state or federal government.
(d) The exterior boundaries of the preserve are clearly defined
and posted with signs erected around the extremity at intervals
of 1,320 feet or less. The signs shall comply with requirements
prescribed by the State Department of Fish and Wildlife.
(e) The { - preserve - } { + applicant + } has facilities
to propagate or hold not less than 500 of each wildlife species
to be released for hunting.
(f) The applicant will not prevent or attempt to prevent public
hunting on lands adjacent to the preserve.
(3) { + (a) + } The commission, by rule, shall prescribe the
time, manner and place of hunting on private preserves, the
wildlife species to be hunted, requirements for the care and
marking of wildlife raised on the preserve, the release of
wildlife received from another state, the procedures for marking
indigenous wildlife incidentally taken on the preserve and the
fees therefor, and record keeping and reporting procedures.
Enrolled House Bill 2842 (HB 2842-A) Page 1
{ + (b) Pursuant to paragraph (a) of this subsection, the
commission shall:
(A) Allow private hunting preserve operators to use plastic
poultry leg bands for marking wildlife species to be released for
hunting.
(B) Allow the transportation of game birds killed on a private
hunting preserve if the birds are cleaned, wrapped, packaged and
accompanied by a transportation form from the preserve that
states the number and sex of the birds being transported.
(C) Require private hunting preserve operators to have at least
10 resident private hunting preserve permits, 10 nonresident
private hunting preserve permits and 10 wild bird seals. This
requirement shall apply to each operator, regardless of the
number of preserves operated by that person. + }
(4) No person shall hunt on a private hunting preserve unless
the person first obtains from the commission a hunting license or
a private hunting preserve permit.
SECTION 2. { + Section 3 of this 2001 Act is added to and made
a part of the wildlife laws. + }
SECTION 3. { + (1) In addition to the penalties provided in
ORS 496.992, the State Department of Fish and Wildlife may revoke
or refuse to renew a license issued under ORS 497.248 if the
operator fails to comply with any provision of ORS 497.248 or any
rule adopted by the State Fish and Wildlife Commission in
relation to the operation of private hunting preserves.
(2) A new license may not be issued to a person whose license
has been revoked unless it appears to the satisfaction of the
department that the person will comply with the provisions of ORS
497.248 and the rules adopted by the commission in relation to
the operation of private hunting preserves.
(3) Notwithstanding subsection (1) of this section, the
department may not revoke a license for a first violation.
(4) Prior to revoking or refusing to renew a license, the
department shall serve written notice, in the manner prescribed
for contested case proceedings pursuant to ORS 183.415, on the
operator of the private hunting preserve, ordering the operator
to:
(a) Notify the department within 30 days of the service of the
notice if the operator seeks a review of the proposed revocation
or refusal to renew the license in the manner provided for
contested case proceedings in ORS 183.413 to 183.470; and
(b) Set forth in any notification under paragraph (a) of this
subsection the operator's reasons why the license should be
renewed or not be revoked.
(5) At the conclusion of a contested case proceeding conducted
by the department pursuant to subsection (4) of this section, an
operator may petition the commission for a review of the
determination by the department. + }
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Enrolled House Bill 2842 (HB 2842-A) Page 2
Passed by House March 30, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate April 30, 2001
...........................................................
President of Senate
Enrolled House Bill 2842 (HB 2842-A) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2842 (HB 2842-A) Page 4