71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3809
Sponsored by Representatives CLOSE, KROPF
CHAPTER ................
AN ACT
Relating to hatchery bred salmon; creating new provisions;
amending ORS 496.012, 496.430, 496.435, 496.450 and 541.351;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) For purposes of this section, 'unduly
hindering' means performing actions that inhibit the natural
passage of or contribute to the premature demise of any
anadromous salmonids, other than those actions that are related
to sport and commercial fishing, scientific research, habitat
projects, hatchery and enhancement programs and the management
and maintenance of existing, human-made structures and barriers
that may inhibit fish passage.
(2)(a) Notwithstanding the wild fish management policy adopted
by rule by the State Fish and Wildlife Commission, the State
Department of Fish and Wildlife may not destroy, except through
one of the actions specified in subsection (1) of this section,
or unduly hinder hatchery bred salmonids returning to the waters
of the State of Oregon.
(b) Nothing in this subsection shall prevent the department
from performing actions consistent with state and federal laws.
(3) The prohibition placed on destroying or unduly hindering
hatchery bred salmonids by subsection (2) of this section shall
remain operative until the expert scientific panel convened under
section 2 of this 2001 Act issues a report to the Seventy-second
Legislative Assembly. + }
SECTION 2. { + (1) The State Fish and Wildlife Director shall,
within 60 days of the effective date of this 2001 Act, convene an
expert scientific panel to study:
(a) The effect of hatchery bred salmonids on wild salmonid
stocks;
(b) The practice of destroying hatchery bred salmonids to
establish genetic purity;
(c) Whether there is a statistically verifiable scientific
difference between wild and hatchery bred salmonids;
(d) Ocean conditions and predation as those subjects relate to
salmonid survival;
(e) The potential benefits of supplementing wild salmonid
stocks with hatchery bred salmonids; and
(f) The potential benefits of creating a hatchery stock gene
conservation program.
Enrolled House Bill 3809 (HB 3809-B) Page 1
(2) The expert scientific panel shall be composed of six public
members with educational or professional background in salmonid
genetics, appointed in the following manner:
(a) Two members appointed by the Governor;
(b) Two members appointed by the Speaker of the House of
Representatives; and
(c) Two members appointed by the President of the Senate.
(3) Funding for the panel, including administrative support
provided to the panel and compensation and expenses for members,
shall come solely from fees collected by the State Department of
Fish and Wildlife.
(4) Members of the panel are entitled to compensation and
expenses as provided in ORS 292.495. + }
SECTION 3. { + On or before January 15, 2003, the State Fish
and Wildlife Director shall submit a written report to the
Seventy-second Legislative Assembly explaining the results of the
expert scientific panel study commissioned by section 2 of this
2001 Act. + }
SECTION 4. { + Sections 1 to 3 of this 2001 Act are repealed
January 31, 2003. + }
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.
Enrolled House Bill 3809 (HB 3809-B) Page 2
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
Enrolled House Bill 3809 (HB 3809-B) Page 3
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.
SECTION 10. { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect on
its passage. + }
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Passed by House May 31, 2001
Repassed by House July 5, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 5, 2001
...........................................................
President of Senate
Enrolled House Bill 3809 (HB 3809-B) Page 4
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3809 (HB 3809-B) Page 5