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 3432
 
                         House Bill 3001
 
Sponsored by COMMITTEE ON STREAM RESTORATION AND SPECIES RECOVERY
 
 
                             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.
 
  Defines fish, hatchery fish and native fish for purposes of
wildlife laws.
 
                        A BILL FOR AN ACT
Relating to fish; amending ORS 496.004.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 496.004 is amended to read:
  496.004. As used in the wildlife laws, unless the context
requires otherwise:
  (1) 'Angle' means to take or attempt to take a fish for
personal use by means involving hook and line.
  (2) 'Commission' means the State Fish and Wildlife Commission
created by ORS 496.090.
  (3) 'Compatible' means capable of existing in harmony so as to
minimize conflict.
  (4) 'Department' means the State Department of Fish and
Wildlife created by ORS 496.080.
  (5) 'Director' means the State Fish and Wildlife Director
appointed pursuant to ORS 496.112.
  (6) 'Endangered species' means:
  (a) Any native wildlife species determined by the commission to
be in danger of extinction throughout any significant portion of
its range within this state.
  (b) Any native wildlife species listed as an endangered species
pursuant to the federal Endangered Species Act of 1973 (P.L.
93-205, 16 U.S.C. 1531), as amended.
   { +  (7) 'Fish' includes any of the class of animals that are
strictly aquatic craniate vertebrates, typically having an
elongated, spindle-shaped body and a two-chambered heart by which
blood is sent through thoracic gills to be oxygenated, whether
native, artificially propagated or descended from fish
artificially propagated. + }
    { - (7) - }   { + (8) + } 'Fund' means the State Wildlife
Fund created by ORS 496.300.
    { - (8) - }   { + (9) + } 'Fur-bearing mammal' means beaver,
bobcat, fisher, marten, mink, muskrat, otter, raccoon, red fox
and gray fox.
    { - (9) - }   { + (10) + } 'Game mammal' means antelope,
black bear, cougar, deer, elk, moose, mountain goat, mountain
sheep and silver gray squirrel.
 
   { +  (11) 'Hatchery fish' means a fish artificially propagated
or descended from artificially propagated fish. + }
    { - (10) - }   { + (12) + } 'Hunt' means to take or attempt
to take any wildlife by means involving the use of a weapon or
with the assistance of any mammal or bird.
    { - (11) - }   { + (13) + } 'Manage' means to protect,
preserve, propagate, promote, utilize and control wildlife.
   { +  (14) 'Native fish' means a fish naturally propagated in a
given watershed. + }
    { - (12) - }   { + (15) + } 'Optimum level' means wildlife
population levels that provide self-sustaining species as well as
taking, nonconsumptive and recreational opportunities.
    { - (13) - }   { + (16) + } 'Person with a disability' means
a person who complies with the requirement of ORS 496.018.
    { - (14) - }   { + (17) + } 'Species' means any species or
subspecies of wildlife.
    { - (15) - }   { + (18) + } 'Take' means to kill or obtain
possession or control of any wildlife.
    { - (16) - }   { + (19) + } 'Threatened species' means:
  (a) Any native wildlife species the commission determines is
likely to become an endangered species within the foreseeable
future throughout any significant portion of its range within
this state.
  (b) Any native wildlife species listed as a threatened species
pursuant to the federal Endangered Species Act of 1973 (P.L.
93-205, 16 U.S.C. 1531), as amended.
    { - (17) - }   { + (20) + } 'Trap' means to take or attempt
to take any wildlife by means involving the use of a trap, net,
snare or other device used for the purpose of capture.
    { - (18) - }   { + (21) + } 'Wildlife' means fish, wild
birds, amphibians, reptiles and wild mammals.
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