72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2138
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Salmon Recovery Task Force)
CHAPTER ................
AN ACT
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.
Enrolled House Bill 2138 (HB 2138-A) Page 1
(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.
Enrolled House Bill 2138 (HB 2138-A) Page 2
(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:
Enrolled House Bill 2138 (HB 2138-A) Page 3
(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). + }
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Enrolled House Bill 2138 (HB 2138-A) Page 4
Passed by House May 9, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 30, 2003
...........................................................
President of Senate
Enrolled House Bill 2138 (HB 2138-A) Page 5
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2138 (HB 2138-A) Page 6