71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 214
Sponsored by Senator ATKINSON
CHAPTER ................
AN ACT
Relating to wild fish policy; creating new provisions; amending
sections 1, 2 and 3, chapter 671, Oregon Laws 1999; repealing
section 4, chapter 671, Oregon Laws 1999; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 1, chapter 671, Oregon Laws 1999, is amended
to read:
{ + Sec. 1. + } (1) { - Notwithstanding the wild fish
management policy adopted by rule by - } The State Fish and
Wildlife Commission { - , the commission - } shall adopt by
rule plans for the natural production of anadromous fish runs in
the basins set forth in subsection (2) of this section. The
{ + commission shall adopt the + }plans { - shall be
adopted - } after government-to-government consultation in the
forum established pursuant to United States v. Oregon, United
States District Court Case No. 68-513 MA, among the State
Department of Fish and Wildlife and the Confederated Tribes of
the Umatilla Indian Reservation, the Confederated Tribes of the
Warm Springs Reservation of Oregon and the Nez Perce Tribe.
(2) The basins for which plans may be adopted under subsection
(1) of this section are:
(a) Hood;
(b) Deschutes;
(c) Fifteenmile Creek;
(d) John Day;
(e) Umatilla;
(f) Walla Walla;
(g) Grande Ronde; and
(h) Imnaha.
(3) Of the basins set forth in subsection (2) of this section,
the commission shall give priority to adopting plans for the
Grande Ronde, Imnaha, Umatilla, Walla Walla and Hood basins.
SECTION 2. Section 2, chapter 671, Oregon Laws 1999, is amended
to read:
{ + Sec. 2. + } The plans adopted pursuant to section 1 { + ,
chapter 671, Oregon Laws 1999, + } { - of this 1999 Act - }
shall:
(1) Incorporate sound science;
(2) Be based upon adaptive management, incorporating monitoring
and evaluation and clearly defined objectives and outcomes;
(3) Benefit fish and wildlife;
Enrolled Senate Bill 214 (SB 214-B) Page 1
(4) Be consistent with efforts of the State of Oregon to
recover salmonid populations listed under the federal Endangered
Species Act, 16 U.S.C. 1531 to 1544; and
(5) Include a { - risk/benefit - } { + risk versus
benefit + } analysis to wild fish.
SECTION 3. Section 3, chapter 671, Oregon Laws 1999 { + , + }
is amended to read:
{ + Sec. 3. + } { - During the biennium beginning July 1,
1999, - } The State Department of Fish and Wildlife shall report
at least once every { - three - } { + six + } months to the
appropriate legislative committee and the Governor on the
progress of the department and the State Fish and Wildlife
Commission in implementing sections 1 and 2 { + , chapter 671,
Oregon Laws 1999 + } { - of this 1999 Act - } . { - On or
before January 15, 2001, the department shall submit a written
report on such progress to the Seventy-first Legislative
Assembly. - }
SECTION 4. { + Section 4, chapter 671, Oregon Laws 1999, is
repealed. + }
SECTION 5. { + If this 2001 Act does not become effective
until after July 1, 2001, the repeal of section 4, chapter 671,
Oregon Laws 1999, by section 4 of this 2001 Act revives sections
1 to 3, chapter 671, Oregon Laws 1999. If this 2001 Act does not
become effective until after July 1, 2001, this 2001 Act shall be
operative retroactively to that date, and the operation and
effect of sections 1 to 3, chapter 671, Oregon Laws 1999, shall
continue unaffected from July 1, 2001, to the effective date of
this 2001 Act and thereafter. Any otherwise lawful action taken
or otherwise lawful obligation incurred under the authority of
sections 1 to 3, chapter 671, Oregon Laws 1999, after July 1,
2001, and before the effective date of this 2001 Act, is ratified
and approved. + }
SECTION 6. { + 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 Senate February 13, 2001
Repassed by Senate March 15, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House March 12, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 214 (SB 214-B) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 214 (SB 214-B) Page 3