72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to HB 2138
LC 1382/HB 2138-4
HOUSE AMENDMENTS TO
HOUSE BILL 2138
By COMMITTEE ON WATER
May 5
On page 1 of the printed bill, line 2, after the semicolon
insert 'creating new provisions; and'.
After line 2, insert:
' 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,'.
In line 5, after 'recovery' insert a colon and delete the rest
of the line.
Delete lines 6 through 24 and insert:
' (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.'.
In line 30, delete 'environmental' and insert ' ecological'.
On page 3, line 20, delete 'encouraged' and insert ' directed'.
After line 25, insert:
' (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). + } ' .
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