Chapter 644 Oregon Laws 2003

AN ACT

HB 2260

Relating to wildlife fees; creating new provisions; and amending ORS 496.151, 497.102, 497.112, 497.121 and 497.132.

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

SECTION 1. ORS 497.102 is amended to read:

497.102. (1) The State Fish and Wildlife Commission is authorized to issue, upon application, to persons desiring to hunt wildlife the following licenses and permits and shall charge therefor the following fees:

(a) Resident annual hunting license to hunt wildlife, [$14] $19.

(b) Nonresident annual hunting license to hunt wildlife, [$55] $73.

(c) Resident annual juvenile hunting license for persons 14 through 17 years of age to hunt wildlife except those species for which a game mammal tag or permit is required by the wildlife laws or by any rule promulgated pursuant thereto, $2.

(d) Resident pioneer hunting license to hunt wildlife for persons 65 years of age or older who have resided in the state for not less than 50 years prior to the date of application, free.

(e) Resident annual senior citizen hunting license to hunt wildlife for persons 70 years of age or older who have resided in the state for not less than five years prior to the date of application, one-half the fee imposed under paragraph (a) of this subsection for a resident annual hunting license to hunt wildlife.

(f) Resident disabled war veteran hunting license to hunt wildlife for a person who files with the commission written proof that the last official certification of record by the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States shows the person to be at least 25 percent disabled, free.

(g) Annual resident private hunting preserve permit to hunt privately owned hunting preserve game birds, $3.

(h) Annual nonresident private hunting preserve permit to hunt privately owned hunting preserve game birds, $9.

(i) Nonresident hunting license to hunt migratory waterfowl and upland birds for three consecutive days, $20.

(2) The hunting preserve permits referred to in subsection (1)(g) and (h) of this section are in lieu of the hunting licenses required by the wildlife laws.

SECTION 2. ORS 497.112 is amended to read:

497.112. (1) The State Fish and Wildlife Commission is authorized to issue, upon application, to persons desiring to hunt wildlife the following general tags and shall charge therefor the following fees:

(a) Resident annual elk tag to hunt elk, [$28] $33.

(b) Nonresident annual elk tag to hunt elk, [$305] $360.

(c) Special annual elk tag for holders of pioneer or disabled veteran hunting licenses to hunt elk, one-half the fee imposed under paragraph (a) of this subsection for a resident annual elk tag to hunt elk.

(d) Resident annual deer tag to hunt deer, [$13] $18.

(e) Nonresident annual deer tag to hunt deer, [$190] $263.

(f) Resident annual black bear tag to hunt black bear, $10.

(g) Nonresident annual black bear tag to hunt black bear, $150.

(h) Resident annual mountain sheep tag to hunt mountain sheep, [$90] $100.

(i) Nonresident annual mountain sheep tag to hunt mountain sheep, [$975] $1,082.

(j) Resident annual mountain goat tag to hunt mountain goat, [$90] $100.

(k) Nonresident annual mountain goat tag to hunt mountain goat, [$975] $1,082.

(L) Resident annual cougar tag to hunt cougar, $10.

(m) Nonresident annual cougar tag to hunt cougar, $150.

(n) Resident annual antelope tag to hunt antelope, [$25] $35.

(o) Nonresident annual antelope tag to hunt antelope, [$200] $276.

(p) Resident annual turkey tag to hunt turkeys, [$10] $16.50.

(q) Nonresident annual turkey tag to hunt turkeys, [$40] $62.50.

(r) Outfitter and guide annual deer tag to hunt deer, $450.

(s) Outfitter and guide annual elk tag to hunt elk, $665.

(2)(a) Notwithstanding ORS 496.146 (10), the commission is authorized to issue each year one special mountain sheep tag to hunt mountain sheep. The tag shall be auctioned to the highest bidder in a manner prescribed by the commission.

(b) In addition to the tag referred to in paragraph (a) of this subsection, the commission is authorized to issue each year one special mountain sheep tag to hunt mountain sheep that is raffled in a manner prescribed by the commission.

(c) Notwithstanding ORS 496.146 (10), the commission, upon the recommendation of the Access and Habitat Board to fulfill the board’s charge of providing incentives to increase public access and habitat improvements to private land, is authorized to issue each year up to 10 elk and 10 deer tags to hunt deer or elk. The tags shall be auctioned or raffled to the highest bidder in a manner prescribed by the commission. The Access and Habitat Board, in recommending any tags, shall include a proposal as to the land on which each tag can be used and a percentage of funds received from the tags that may revert to the landowner if the tag is limited to private land. However, the percentage cannot be more than 50 percent and the programs must, by written agreement, provide for public access and habitat improvements.

(3) The tags referred to in subsection (1) of this section are in addition to and not in lieu of the hunting licenses required by law.

(4) The commission may, at the time of issue only, indorse upon the tags referred to in subsection (1) of this section an appropriate designation indicating whether it is for a game animal to be taken with bow and arrow or with firearms, at the choice of the applicant. The commission may prescribe by rule that the holder of such a tag [shall not be] is not authorized to take the game animal by any other means than the tag so indorsed.

(5) Except as provided in subsection (6) of this section, a person is not eligible to obtain, in a lifetime, more than one tag issued by the commission to hunt mountain sheep and one tag issued by the commission to hunt mountain goat.

(6) A person is eligible to obtain mountain sheep tags described in subsection (2)(a) and (b) of this section, regardless of whether the person has previously taken a mountain sheep or previously obtained a mountain sheep tag issued pursuant to subsection (1) or (2)(a) or (b) of this section.

(7) The number of nonresident mountain goat tags and nonresident mountain sheep tags shall be decided by the commission, but:

(a) The number of nonresident mountain goat tags [shall] may not be less than five percent nor more than 10 percent of all mountain goat tags issued.

(b) The number of nonresident mountain sheep tags [shall] may not be less than five percent nor more than 10 percent of all mountain sheep tags issued.

(8) The number of tags issued by drawing under subsection (1)(g), (m) and (o) of this section shall be decided by the commission, but for each class of tag so issued, the number [shall] may not be more than three percent of all tags of that class issued for hunting in a particular area except one nonresident tag may be issued for each hunt when the number of authorized tags is less than 35. The number of tags issued under subsection (1)(g) of this section for the general hunting season [shall] may be decided by the commission, but the number [shall] may not be more than three percent of all tags issued the previous year for hunting in a particular area.

(9) The number of tags issued by drawing under subsection (1)(b) and (e) of this section shall be decided by the commission, but for each class of tag so issued, the number [shall] may not be more than five percent of all tags of that class issued for hunting in a particular area except one nonresident tag may be issued for each hunt when the number of authorized tags is fewer than 35. The commission shall set the percentage by rule each year after holding a public hearing.

(10) If a controlled hunt for game mammals is undersubscribed during the primary controlled hunt drawing, the commission may issue the unallocated tags to licensed hunters at up to four times the standard tag fee on a first-come, first-served basis. This controlled hunt tag program shall be in addition to and not replace any existing controlled hunt tag program.

SECTION 3. ORS 497.121 is amended to read:

497.121. (1) The State Fish and Wildlife Commission is authorized to issue, upon application, to persons desiring to angle for fish the following licenses and tags and shall charge therefor the following fees:

(a) Resident annual angling license, [$16] $21.

(b) Nonresident annual angling license, [$41.75] $54.75.

(d) Angling license to angle for one day, [$5.25] $9.25.

(e) Resident annual juvenile angling license for persons 14 through 17 years of age, $4.

(f) Resident pioneer angling license for persons 65 years of age or older who have resided in the state for not less than 50 years prior to the date of application, free.

(g) Resident annual senior citizen angling license for persons 70 years of age or older who have resided in the state for not less than five years prior to the date of application, one-half the fee imposed under paragraph (a) of this subsection for a resident annual angling license.

(h) Resident disabled war veteran angling license for a person who files with the commission written proof that the last official certification of record by the United States Department of Veterans Affairs or by any branch of the Armed Forces of the United States shows the person to be at least 25 percent disabled, free.

(i) Annual tag to angle for salmon, steelhead trout, sturgeon and halibut, [$15] $20.

(j) Annual tag for persons under 18 years of age to angle for salmon, steelhead trout, sturgeon and halibut, $5.

(k) Renewable tag to angle for hatchery salmon and steelhead, $10.50.

(2) Any person who holds a valid permanent angling license for blind persons or a permanent angling license for persons in a wheelchair issued by the commission before January 1, 2000, need not obtain a resident annual angling license under this section.

(3) The annual tags to angle for salmon, steelhead trout, sturgeon and halibut referred to in subsection (1)(i), (j) and (k) of this section are in addition to and not in lieu of the angling licenses required by the wildlife laws. However, an annual tag to angle for salmon, steelhead trout, sturgeon and halibut is not required of a person who holds a valid angling license referred to in subsection (1)(c) or (d) of this section.

SECTION 4. ORS 497.132 is amended to read:

497.132. (1) In lieu of issuing to resident persons separate licenses for angling and hunting, the State Fish and Wildlife Commission is authorized to issue resident annual combination angling and hunting licenses, and charge therefor a fee of [$28] $38.

(2)(a) In lieu of issuing to resident persons separate licenses and tags for various hunting and angling activities, the commission is authorized to issue resident annual sportsperson’s licenses and shall charge therefor a fee of [$100] $125. The purchaser of each such license is authorized to engage in those hunting and angling activities for which the following licenses and tags are required:

(A) Combination license;

(B) Black bear tag;

(D) General season elk tag;

(E) General season deer tag;

(F) Upland bird stamp;

(G) Oregon migratory waterfowl stamp;

(H) Turkey tag; and

(I) Annual tag to angle for salmon, steelhead trout, sturgeon and halibut.

(b) The holder of each sportsperson’s license who wishes to engage in hunting or angling activities for which permits are required that are limited by quota must participate in the process for allocation of the permits in the same manner as all other permit applicants. However, if the holder of a sportsperson’s license is unsuccessful in obtaining a permit limited by quota for a particular activity, the holder will be issued a tag valid for any general season for that species.

(c) Notwithstanding any other provision of the wildlife laws, of the moneys received from the sale of sportsperson’s licenses:

(A) Two dollars from each such license shall be credited to the subaccount referred to in ORS 496.242.

(B) Two dollars from each such license shall be credited to the subaccount referred to in section 10, chapter 512, Oregon Laws 1989.

(C) Twenty-five cents from each such license shall be credited to the Fish Screening Subaccount established under ORS 496.303.

SECTION 5. ORS 496.151 is amended to read:

496.151. Notwithstanding any other provision of the wildlife laws, the State Fish and Wildlife Commission by rule shall establish a system for allocating hunting permits that are limited by maximum number for the taking of deer and elk by nonresident hunters so that a number equal to one-half of the number of those permits issued to nonresident hunters in the previous year are made available to the holders of registrations issued pursuant to ORS chapter 704, and who are certified pursuant to ORS 704.060, for the use of the clients of those registration holders. Such a system shall include but not be limited to:

(1) Provisions to prevent misuse of the permits by the registrant or by employees of the registrant.

(2) Provisions for revocation and refusal to issue all or any portion of the permits based upon a commission finding of an emergency situation or biological needs.

[(3) A fee for the permit that is twice the normal nonresident fee.]

SECTION 6. The amendments to ORS 497.102, 497.112, 497.121 and 497.132 by sections 1 to 4 of this 2003 Act apply to licenses and tags applied for on or after the effective date of this 2003 Act.

Approved by the Governor August 12, 2003

Filed in the office of Secretary of State August 13, 2003

Effective date January 1, 2004

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