71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. HB 3809
 
LC 500/HB 3809-A7
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3809
 
             By COMMITTEE ON RULES AND REDISTRICTING
 
                             July 4
 
  On page 1 of the printed A-engrossed bill, line 2, after '
salmon;' insert 'creating new provisions; amending ORS 496.012,
496.430, 496.435, 496.450 and 541.351;'.
  In line 6, after 'to' insert 'sport and commercial fishing,
scientific research, habitat projects, hatchery and enhancement
programs and'.
  In line 8, after '(2)' insert '(a)'.
  In line 9, after 'destroy' insert ', except through one of the
actions specified in subsection (1) of this section,'.
  After line 10, insert:
  ' (b) Nothing in this subsection shall prevent the department
from performing actions consistent with state and federal laws.'.
  In line 20, delete the second 'and'.
  In line 22, delete the period and insert '; and
  ' (f) The potential benefits of creating a hatchery stock gene
conservation program.'.
  On page 2, after line 10, insert:
  '  { +  SECTION 5. + } 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 achieve restoration and enhancement objectives. + }
  '  { +  SECTION 6. + } 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 7. + } 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 8. + } 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 9. + } 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.'.
  In line 11, delete '5' and insert '10'.
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