72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2080
 
                         House Bill 2521
 
Sponsored by Representative KRUSE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Modifies landowner preference tag program. Allows tag to be
used on certain lands determined by State Fish and Wildlife
Commission to be habitat for deer, elk or antelope. Limits
issuance of tag if estimated number of animals in area is lower
than population management objective.
 
                        A BILL FOR AN ACT
Relating to landowner preference tags; creating new provisions;
  amending ORS 496.146; and repealing section 2, chapter 460,
  Oregon Laws 1995.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2003 Act is added to and made
a part of ORS chapter 496. + }
  SECTION 2.  { + (1) The State Fish and Wildlife Commission may,
under the authority provided in ORS 496.146, issue landowner
preference tags for a person and immediate family members of the
person to hunt deer, elk or antelope where hunting those animals
would otherwise be limited.
  (2) A landowner preference tag may be used to hunt on land
owned by the person or by the immediate family members of the
person or on lands determined by the commission to be the habitat
for the deer, elk or antelope found on the landowner's land.
  (3) The commission may not issue a landowner preference tag
under this section for use in an area where hunting is limited by
the commission if the number of deer, elk or antelope estimated
to exist in the area is lower than the population management
objective established by the commission for that area.
  (4) A landowner qualified to receive landowner preference tags
from the commission may request two additional tags for providing
public access and two additional tags for wildlife habitat
programs. To receive additional tags, a landowner must apply to
the Access and Habitat Board with supporting evidence that the
access provided to the public is significant and that the habitat
programs benefit wildlife. The board may recommend that the
commission grant the request.
  (5) If a landowner receives a controlled hunt tag for a game
unit, or a landowner preference tag, and does not use the tag
during the regular hunting season, the landowner may, when
approved by the State Department of Fish and Wildlife, use the
tag when taking an antlerless animal to alleviate damage that is
presently occurring on the landowner's land.
  (6) As used in this section, 'immediate family members ' means
husband, wife, father, mother, brothers, sisters, sons,
daughters, stepchildren and grandchildren. + }
  SECTION 3. ORS 496.146 is amended to read:
  496.146. In addition to any other duties or powers provided by
law, the State Fish and Wildlife Commission:
  (1) May accept, from whatever source, appropriations, gifts or
grants of money or other property for the purposes of wildlife
management, and use such money or property for wildlife
management purposes.
  (2) May sell or exchange property owned by the state and used
for wildlife management purposes when the commission determines
that such sale or exchange would be advantageous to the state
wildlife policy and management programs.
  (3) May acquire, introduce, propagate and stock wildlife
species in such manner as the commission determines will carry
out the state wildlife policy and management programs.
  (4) May by rule authorize the issuance of such licenses, tags
and permits for angling, hunting and trapping and may prescribe
such tagging and sealing procedures as the commission determines
necessary to carry out the provisions of the wildlife laws or to
obtain information for use in wildlife management.   { - Permits
issued pursuant to this subsection may include special hunting
permits for a person and immediate family members of the person
to hunt on land owned by that person in areas where permits for
deer or elk are limited by quota. As used in this subsection,
'immediate family members' means husband, wife, father, mother,
brothers, sisters, sons, daughters, stepchildren and
grandchildren. A landowner who is qualified to receive landowner
preference tags from the commission may request two additional
tags for providing public access and two additional tags for
wildlife habitat programs. This request shall be made to the
Access and Habitat Board with supporting evidence that the access
is significant and the habitat programs benefit wildlife. The
board may recommend that the commission grant the request. When a
landowner is qualified under landowner preference rules adopted
by the commission and receives a controlled hunt tag for that
unit or a landowner preference tag for the landowner's property
and does not use the tag during the regular season, the landowner
may use that tag to take an antlerless animal, when approved by
the State Department of Fish and Wildlife, to alleviate damage
that is presently occurring to the landowner's property. - }
  (5) May by rule prescribe procedures requiring the holder of
any license, tag or permit issued pursuant to the wildlife laws
to keep records and make reports concerning the time, manner and
place of taking wildlife, the quantities taken and such other
information as the commission determines necessary for proper
enforcement of the wildlife laws or to obtain information for use
in wildlife management.
  (6) May establish special hunting and angling areas or seasons
in which only persons less than 18 years of age or over 65 years
of age are permitted to hunt or angle.
  (7) May acquire by purchase, lease, agreement or gift real
property and all appropriate interests therein for wildlife
management and wildlife-oriented recreation purposes.
  (8) May acquire by purchase, lease, agreement, gift, exercise
of eminent domain or otherwise real property and all interests
therein and establish, operate and maintain thereon public
hunting areas.
  (9) May establish and develop wildlife refuge and management
areas and prescribe rules governing the use of such areas and the
use of wildlife refuge and management areas established and
developed pursuant to any other provision of law.
  (10) May by rule prescribe fees for licenses, tags, permits and
applications issued or required pursuant to the wildlife laws,
and user charges for angling, hunting or other recreational uses
of lands owned or managed by the commission, unless such fees or
user charges are otherwise prescribed by law. Except for licenses
issued pursuant to subsection (14) of this section, no fee or
user charge prescribed by the commission pursuant to this
subsection shall exceed $100.
  (11) May enter into contracts with any person or governmental
agency for the development and encouragement of wildlife research
and management programs and projects.
  (12) May perform such acts as may be necessary for the
establishment and implementation of cooperative wildlife
management programs with agencies of the federal government.
  (13) May offer and pay rewards for the arrest and conviction of
any person who has violated any of the wildlife laws. No such
reward shall exceed $100 for any one arrest and conviction.
  (14) May by rule prescribe fees for falconry licenses issued
pursuant to the wildlife laws, unless such fees are otherwise
prescribed by law. Fees prescribed by the commission pursuant to
this subsection shall be based on actual or projected costs of
administering falconry regulations and shall not exceed $250.
  (15) May establish special fishing and hunting seasons and bag
limits applicable only to persons with disabilities.
  (16) May adopt optimum populations for deer and elk consistent
with ORS 496.012. These population levels shall be reviewed at
least once every five years.
  (17) Shall establish a preference system so that individuals
who are unsuccessful in controlled hunt permit drawings for deer
and elk hunting have reasonable assurance of success in those
drawings in subsequent years.
  (18) May sell advertising in State Department of Fish and
Wildlife publications, including annual hunting and angling
regulation publications.
  SECTION 4.  { + Section 2, chapter 460, Oregon Laws 1995, is
repealed. + }
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