Chapter 452 Oregon Laws 2003

 

AN ACT

 

HB 2138

 

Relating to the Oregon Plan; creating new provisions; and amending ORS 541.405.

          Whereas the Legislative Assembly reaffirms its commitment to the Oregon Plan as described in ORS 541.405; and

          Whereas the Legislative Assembly endorses the Oregon Plan as a coordinated and comprehensive, scientific-based program to restore fish habitat and ecosystems; and

          Whereas the Legislative Assembly believes that the Oregon Plan will lead to the recovery of salmonid species; and

          Whereas the Legislative Assembly believes that the recovery of salmonid species will result in ecological, cultural and economic benefits to the State of Oregon; and

          Whereas the Legislative Assembly believes that the Oregon Plan has a constitutionally dedicated and stable source of long-term funding; and

          Whereas the Legislative Assembly believes that the Oregon Plan has a necessary infrastructure, including the State Department of Fish and Wildlife, the Oregon Watershed Enhancement Board, watershed councils and soil and water conservation districts, that has demonstrated success in recovery of salmonid populations and in the restoration of habitat and watersheds; and

          Whereas the Legislative Assembly believes that the Oregon Plan satisfies the requirements necessary to receive an exemption to the requirements of 16 U.S.C. 1533(d), to enter into a cooperative agreement pursuant to 16 U.S.C. 1535(c) or to obtain a permit that allows the incidental taking of species under 16 U.S.C. 1539(a); now, therefore,

 

Be It Enacted by the People of the State of Oregon:

 

          SECTION 1. ORS 541.405 is amended to read:

          541.405. (1) As used in this section when referring to salmonid recovery:

          (a) “Listed unit” means one population or a group of populations of a species, such as an evolutionarily significant unit, that has been listed as threatened or endangered under the federal Endangered Species Act of 1973 (P.L. 93-205), as amended, or under ORS 496.171 to 496.192.

          (b) “Native fish” means a fish indigenous to Oregon and not introduced. Naturally produced fish and hatchery produced fish are both native fish if the fish are indigenous to Oregon and not introduced.

          (c) “Naturally produced” means a fish that reproduces and completes its full life cycle in its natural habitat. Naturally produced progeny of hatchery fish are naturally produced.

          (d) “Population” means a group of fish that:

          (A) Originates and reproduces in a particular area at a particular time;

          (B) Does not interbreed to any substantial degree with any other group reproducing in a different area or in the same area at a different time; and

          (C) Is composed of naturally produced fish, hatchery produced fish or a combination of both.

          (e) “Recovery” means that a proportion of the constituent populations of naturally produced native fish belonging to a listed unit are sufficiently abundant, productive and diverse in life histories and distribution such that the listed unit as a whole is likely to be self-sustaining into the foreseeable future.

          (f) “Self-sustaining” means having a sufficient proportion and distribution of constituent populations:

          (A) Likely to survive prolonged periods of habitat, oceanic, climatic and environmental conditions that are detrimental to a population; and

          (B) Having habitat of sufficient quality and quantity likely to provide survival rates adequate to maintain associated ecological, cultural and economic benefits.

          [(1)] (2) The Legislative Assembly finds that the efforts of many Oregonians have resulted in the creation of the “Oregon Plan,” and recognizes that the Oregon Plan is guided by the following mission and goals:

          (a) The mission of the Oregon Plan is to restore the watersheds of Oregon and to recover the fish and wildlife populations of those watersheds to productive and sustainable levels in a manner that provides substantial [environmental] ecological, cultural and economic benefits.

          (b) The goals of the Oregon Plan that guide the citizens of Oregon in achieving the mission of the Oregon Plan are the:

          (A) Establishment and maintenance of an infrastructure that provides long-term continuity in leadership, direction and oversight of watershed restoration and species recovery.

          (B) Continued opportunity for a wide range of natural resource uses that are consistent with watershed restoration and species recovery.

          (C) Implementation of existing laws and environmental regulations to achieve the mission before enacting new laws and environmental regulations.

          (D) Development and maintenance of funding for programs to protect and restore watersheds.

          (E) Development of expectations for the sustainability of interrelated natural resources that accurately reflect a scientific understanding of the physical and biological constraints of the ecosystem.

          (F) Enhancement of habitat available to support healthy populations of fish and wildlife throughout the state.

          (G) Production of populations of threatened or endangered species to achieve levels of natural production consistent with overall restoration goals.

          (H) Establishment of a science-based system that supports evaluation of the Oregon Plan and provides a basis for making appropriate future changes to management programs.

          (I) Coordination of activities and programs among federal, state and local governments and other entities.

          (J) Use of voluntary and collaborative processes to achieve the mission of the Oregon Plan whenever possible.

          [(2)] (3) The Oregon Plan is a comprehensive program for the protection and recovery of species and for the restoration of watersheds throughout this state. The Oregon Plan combines the regulatory and other actions of state and federal agencies and local governments with voluntary watershed restoration by private landowners and others. The Oregon Plan includes, but is not limited to:

          (a) Programs and policies found in the following statutes:

          (A) ORS 196.600 to 196.905;

          (B) ORS chapter 197;

          (C) ORS chapter 274;

          (D) ORS chapter 366;

          (E) ORS chapter 390;

          (F) ORS chapters 465, 466, 468 and 468B;

          (G) ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992;

          (H) ORS chapter 477;

          (I) ORS chapters 496, 497, 498, 501, 506, 507, 508, 509 and 511;

          (J) ORS 517.702 to 517.989;

          (K) ORS 527.310 to 527.370, 527.610 to 527.770, 527.990 (1) and 527.992;

          (L) ORS chapter 530;

          (M) ORS chapters 536 to 543A;

          (N) ORS 543A.005 to 543A.415; and

          (O) ORS 568.210 to 568.808 and 568.900 to 568.933;

          (b) Commitments of state agencies in the form of measures;

          (c) Actions of local governments and federal agencies taken in coordination with the state and consistent with the purposes of the Oregon Plan;

          (d) Voluntary activities undertaken by watershed councils, soil and water conservation districts, landowners and other entities and consistent with the purposes of the Oregon Plan;

          (e) Scientific review by the Independent Multidisciplinary Science Team, and others, of the activities performed under the Oregon Plan;

          (f) Programs and activities identified to address a coordinated approach for the recovery of native salmonid populations within Oregon;

          (g) The guidance statement and framework provided by the healthy streams partnership developed to provide cooperative solutions and voluntary approaches to improving the water quality of streams and to achieve healthy streams throughout Oregon; and

          (h) Programs for the restoration and enhancement of multiple species and of the habitat of those species.

          [(3)] (4) The Oregon Plan is subject to modification and alteration to enhance program efforts consistent with appropriate guidance principles developed by the Legislative Assembly and oversight as set forth in ORS 171.551 and 171.553.

          [(4)] (5) The purpose of the Oregon Plan is to enhance, restore and protect Oregon’s native salmonid populations, watersheds, fish and wildlife habitat and water quality, while sustaining a healthy economy.

          [(5)] (6) The Oregon Plan shall:

          (a) Provide for coordination of local, state, federal and tribal agency responsibilities and authorities for native salmonid, watershed and habitat restoration throughout Oregon.

          (b) Rely on watershed councils and soil and water conservation districts, which are [encouraged] directed to cooperate in the development of local watershed plans that assess watershed conditions and create watershed action plans and strategies for the implementation of the local watershed action plans.

          (c) Focus state policies and resources on achieving native salmonid recovery and watershed restoration while sustaining a healthy economy and environment.

          (7) The Oregon Plan shall focus on aiding the recovery of species listed as threatened or endangered under the federal Endangered Species Act or under ORS 496.171 to 496.192 until such time as recovery is achieved. Once recovery has been achieved for any species listed as threatened or endangered under ORS 496.171 to 496.192, the Governor shall direct the State Fish and Wildlife Commission to begin rulemaking, as provided in ORS 496.176, to remove the species from the list created pursuant to ORS 496.172. Upon recovery, adequate measures pursuant to the Oregon Plan shall remain in place, as necessary, to help a species avoid a return to threatened or endangered status.

          (8)(a) The Governor, or the Governor’s designee, shall negotiate with federal officials to obtain assurances to the effect that compliance with the Oregon Plan and the programs and policies found in the statutes listed in subsection (3) of this section and implementation of related state programs and policies will satisfy federal requirements imposed by the federal Endangered Species Act. Specifically, the Governor, or the Governor’s designee, shall seek an exemption to the requirements of 16 U.S.C. 1533(d), shall seek to enter into a cooperative agreement pursuant to 16 U.S.C. 1535(c) or shall seek to obtain a permit that allows the incidental taking of species under 16 U.S.C. 1539(a).

          (b) State agencies responsible for implementing the programs and policies found in the statutes listed in subsection (3) of this section shall work with the Governor, or the Governor’s designee, and with federal officials to provide the information necessary to obtain the exemptions, agreement or permit specified in paragraph (a) of this subsection.

 

          SECTION 2. Section 3 of this 2003 Act is added to and made a part of ORS 541.351 to 541.415.

 

          SECTION 3. (1) The Governor may receive gifts, grants, bequests, endowments and donations of moneys from public and private sources, including the federal government, for the purpose of implementing the Oregon Plan, as described in ORS 541.405.

          (2) The Governor shall deposit moneys received under this section in the State Treasury to the credit of the Watershed Improvement Operating Fund established under ORS 541.379 to be used for the purposes specified in ORS 541.379 (1)(b).

 

Approved by the Governor June 24, 2003

 

Filed in the office of Secretary of State June 24, 2003

 

Effective date January 1, 2004

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