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 3121
 
                         House Bill 3038
 
Sponsored by COMMITTEE ON STREAM RESTORATION AND SPECIES RECOVERY
  (at the request of Representative Wayne Krieger and Save the
  Salmon Coalition)
 
 
                             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.
 
  Specifies that hatchery produced fish are native fish for
purposes of Oregon Plan, state threatened and endangered species
lists and salmon enhancement programs. Includes fish hatcheries
as salmon enhancement projects. Specifies that goal of wildlife
management is to use captive breeding and hatchery programs to
prevent serious depletion of indigenous species.
 
                        A BILL FOR AN ACT
Relating to wildlife; amending ORS 496.012, 496.171, 496.430,
  496.435, 496.450 and 541.351.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 496.012 is amended to read:
  496.012. It is the policy of the State of Oregon that wildlife
shall be managed to prevent serious depletion of any indigenous
species and to provide the optimum recreational and aesthetic
benefits for present and future generations of the citizens of
this state. In furtherance of this policy, the State Fish and
Wildlife Commission shall implement the following coequal goals
of wildlife management:
  (1) To maintain all species of wildlife at optimum levels.
  (2) To develop and manage the lands and waters of this state in
a manner that will enhance the production and public enjoyment of
wildlife.
  (3) To permit an orderly and equitable utilization of available
wildlife.
  (4) To develop and maintain public access to the lands and
waters of the state and the wildlife resources thereon.
  (5) To regulate wildlife populations and the public enjoyment
of wildlife in a manner that is compatible with primary uses of
the lands and waters of the state.
  (6) To provide optimum recreational benefits.
   { +  (7) To utilize captive breeding and fish hatchery
programs to prevent the serious depletion of any indigenous
species. + }
  SECTION 2. ORS 496.171 is amended to read:
  496.171. Notwithstanding ORS 496.004, with respect to state
agency actions taken under ORS 496.171 to 496.182 after July 17,
1995, as used in ORS 496.171 to 496.182:
 
  (1) 'Conservation' means the use of methods and procedures
necessary to bring a species to the point at which the measures
provided under ORS 496.171 to 496.182 are no longer necessary.
Such methods and procedures include, but are not limited to,
activities associated with scientific resource management such as
research, census taking, law enforcement, habitat acquisition and
maintenance, propagation and transplantation.
  (2) 'Native' means indigenous to Oregon { +  or reproduced from
species indigenous to Oregon + }, not introduced.
  (3) 'Species' means any group or population of wildlife that
interbreeds and is substantially reproductively isolated.
  (4) 'Verifiable' means scientific information reviewed by a
scientific peer review panel of outside experts who do not
otherwise have a vested interest in the process.
  SECTION 3. ORS 496.430 is amended to read:
  496.430. As used in ORS 496.435 to 496.455, 'native stocks '
means those anadromous fish that naturally propagate in a given
watershed { +  and those anadromous fish that are reproduced from
native stocks + }.
  SECTION 4. ORS 496.435 is amended to read:
  496.435. Consistent with other provisions of law, it is
declared to be a goal of the people of the State of Oregon to
restore native stocks of salmon and trout to their historic
levels of abundance. In order to achieve this goal in a
cost-effective manner, the State of Oregon shall engage in a
program to rehabilitate and improve natural habitat and native
stocks and ensure that the level of harvest does not exceed the
capacity of stocks to reproduce themselves. The State of Oregon
shall promote rehabilitation of salmon and trout populations by
reintroducing the fish to habitats by using the salmon and trout
enhancement program { + , fish hatcheries + } and remote
hatchboxes.
  SECTION 5. ORS 496.450 is amended to read:
  496.450. (1) Any citizen or group of citizens may submit to the
State Fish and Wildlife Commission a proposal for a project to be
implemented under the salmon and trout enhancement program or may
submit a request for advice and assistance in developing such a
project.
  (2) An enhancement project may include, but is not limited to,
habitat improvement, installation and operation of streamside
incubators,  { + installation and operation of fish
hatcheries, + } brood stock development, fish stocking and
spawning ground surveys and data collection.
  (3) The commission shall approve for implementation only those
enhancement projects based on sound biological principles and
shall use fish stocks most adapted to the project locale. To the
greatest extent practicable, a project must be designed to
maximize survival, adult returns and genetic diversity while
minimizing disease.
  (4) Conditions for approval by the commission for
implementation of a project include but are not limited to:
  (a) Provisions satisfactory to the commission for inspection
and evaluation of the implementation of a project; and
  (b) Provisions satisfactory to the commission for controlling
the expenditure of and accounting for any funds granted by the
commission for implementation of the project.
  SECTION 6. ORS 541.351 is amended to read:
  541.351. As used in ORS 541.351 to 541.415:
  (1) 'Adaptive management' means applying management or
practices over time and across the landscape to achieve site
specific resource goals using an integrated and science based
approach that results in changes over time in response to
feedback or monitoring.
  (2) 'Associated uplands' includes those lands of a watershed
that are critical to the functioning and protection of a riparian
area.
  (3) 'Board' means the Oregon Watershed Enhancement Board
created under ORS 541.360.
  (4) 'Capital expenditures' means direct expenses related to:
  (a) Personal property of a nonexpendable nature including items
that are not consumed in the normal course of operations, can
normally be used more than once, have a useful life of more than
two years and are for use in the enforcement of fish and wildlife
and habitat protection laws and regulations; or
  (b) Projects that restore, enhance or protect fish and wildlife
habitat, watershed functions, native salmonid populations or
water quality, including but not limited to:
  (A) Expenses of assessment, research, design or other technical
requirements for the implementation of a project;
  (B) The acquisition of determinate interests, including fee and
less than fee interests, in land or water in order to protect
watershed resources, including appraisal costs and other costs
directly related to such acquisitions;
  (C) Development, construction or implementation of a project to
restore, enhance or protect water quality, a watershed, fish or
wildlife, or riparian or other habitat;
  (D) Technical support directly related to the implementation of
a project; and
  (E) Monitoring or evaluation activities necessary to determine
the actual effectiveness of a project.
  (5) 'Independent Multidisciplinary Science Team' means the
scientific team of recognized experts in fisheries, artificial
propagation, stream ecology, forestry, range, watershed and
agricultural management created under ORS 541.409.
  (6) 'Native' means indigenous to Oregon   { - and - }   { + or
reproduced from species indigenous to Oregon, + } not introduced.
  (7) 'Oregon Plan' means the guidance statement and framework
described in ORS 541.405.
  (8) 'Protect' or 'protection' means to minimize or mitigate
adverse effects on salmonid and habitat to the maximum extent
practicable given the anticipated duration, geographic scope and
primary purpose of proposed activities.
  (9) 'Restore' or 'restoration' means to take actions likely to
achieve sustainable population levels of native fish or wildlife
and their habitats.
  (10) 'Riparian area' means a zone of transition from an aquatic
ecosystem to a terrestrial ecosystem, dependent upon surface or
subsurface water, that reveals through the zone's existing or
potential soil-vegetation complex the influence of such surface
or subsurface water. A riparian area may be located adjacent to a
lake, reservoir, estuary, pothole, spring, bog, wet meadow,
muskeg or ephemeral, intermittent or perennial stream.
  (11) 'Soil and water conservation district' means a political
subdivision of the state as described in ORS 568.550.
  (12) 'Stewardship' means the careful and responsible management
of the environment.
  (13) 'Tribe' means a federally recognized Indian tribe in
Oregon.
  (14) 'Watershed' means the entire land area drained by a stream
or system of connected streams such that all stream flow
originating in the area is discharged through a single outlet.
  (15) 'Watershed council' means a voluntary local organization,
designated by a local government group convened by a county
governing body, to address the goal of sustaining natural
resource and watershed protection, restoration and enhancement
within a watershed.
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