72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 3232
Sponsored by Representative BROWN; Representative NELSON (at the
request of Oregon Hunters Association)
CHAPTER ................
AN ACT
Relating to wildlife; amending ORS 496.303 and 497.112.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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.
(b) Nonresident annual elk tag to hunt elk, $305.
(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.
(e) Nonresident annual deer tag to hunt deer, $190.
(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.
(i) Nonresident annual mountain sheep tag to hunt mountain
sheep, $975.
(j) Resident annual mountain goat tag to hunt mountain goat,
$90.
(k) Nonresident annual mountain goat tag to hunt mountain goat,
$975.
(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.
(o) Nonresident annual antelope tag to hunt antelope, $200.
(p) Resident annual turkey tag to hunt turkeys, $10.
(q) Nonresident annual turkey tag to hunt turkeys, $40.
(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 - } { + tag that
is + } auctioned to the highest bidder in a manner prescribed by
the commission { + for each of the following:
(A) Mountain sheep;
(B) Antelope; and
(C) Mountain goat + }.
(b) In addition to the { - tag - } { + tags + } referred to
in paragraph (a) of this subsection, the commission is authorized
Enrolled House Bill 3232 (HB 3232-INTRO) Page 1
to issue each year one special { - mountain sheep tag to hunt
mountain sheep - } { + tag + } that is raffled in a manner
prescribed by the commission { + for each of the following:
(A) Mountain sheep;
(B) Antelope; and
(C) Mountain goat + }.
{ + (c) Moneys received under this subsection for:
(A) Mountain sheep tags shall be placed in the Mountain Sheep
Subaccount established in ORS 496.303;
(B) Antelope tags shall be placed in the Antelope Subaccount
established in ORS 496.303; and
(C) Mountain goat tags shall be placed in the Mountain Goat
Subaccount established in ORS 496.303. + }
{ - (c) - } { + (d) + } 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 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
{ + controlled hunt + } tag issued by the commission to hunt
mountain sheep and one { + controlled hunt + } tag issued by the
commission to hunt mountain goat.
(6) A person is eligible to obtain mountain sheep tags { + ,
antelope tags or mountain goat tags + } described in subsection
(2)(a) and (b) of this section, regardless of whether the person
has previously taken a mountain sheep { + , antelope or mountain
goat + } or previously obtained a mountain sheep tag { + ,
antelope tag or mountain goat 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 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 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
Enrolled House Bill 3232 (HB 3232-INTRO) Page 2
commission, but for each class of tag so issued, the number shall
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 be decided
by the commission, but the number shall 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
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 2. ORS 496.303 is amended to read:
496.303. (1) The Fish and Wildlife Account is established in
the State Treasury, separate and distinct from the General Fund.
All moneys in the account are continuously appropriated to the
State Fish and Wildlife Commission. The Fish and Wildlife Account
shall consist of the moneys in its various subaccounts and any
moneys transferred to the account by the Legislative Assembly.
Unless otherwise specified by law, interest earnings on moneys in
the account shall be paid into the State Treasury and credited to
the State Wildlife Fund.
(2)(a) The Fish Screening Subaccount is established in the Fish
and Wildlife Account. The subaccount shall consist of:
(A) All penalties recovered under ORS 536.900 to 536.920.
(B) All moneys received pursuant to ORS 498.306.
(C) All gifts, grants and other moneys from whatever source
that may be used to carry out the provisions of ORS 498.306,
498.311 and 509.615.
(D) All moneys received from the surcharge on angling licenses
imposed by ORS 497.124.
(b) All moneys in the subaccount shall be used to carry out the
provisions of ORS 315.138, 498.306, 498.311, 509.615 and 509.620.
However, moneys received from the surcharge on angling licenses
imposed by ORS 497.124 shall be expended only to carry out the
provisions of law relating to the screening of water diversions
at a rate less than 30 cubic feet per second.
(c) Of the moneys in the subaccount budgeted for administrative
expenses, up to 50 percent of that amount may be expended for
activities associated with the screening of diversions over 30
cubic feet per second and for fish passages issues.
(3) The Fish Endowment Subaccount is established in the Fish
and Wildlife Account. The subaccount shall consist of transfers
of moneys authorized by the Legislative Assembly from the State
Wildlife Fund and gifts and grants of moneys from whatever source
for the purpose of paying the expense of maintaining fish
hatcheries operated by the department.
(4) The Migratory Waterfowl Subaccount is established in the
Fish and Wildlife Account. All moneys received by the commission
Enrolled House Bill 3232 (HB 3232-INTRO) Page 3
from the sale of art works and prints related to the migratory
waterfowl stamp shall be deposited in the subaccount. Moneys in
the subaccount may be expended only for activities that promote
the propagation, conservation and recreational uses of migratory
waterfowl and for activities related to the design, production,
issuance and arrangements for sale of the migratory waterfowl
stamps and related art works and prints. Expenditures of moneys
in the subaccount may be made within this state, in other states
or in foreign countries, in such amounts as the commission
determines appropriate. Expenditures in other states and foreign
countries shall be on such terms and conditions as the commission
determines will benefit most directly the migratory waterfowl
resources of this state.
(5) The Halibut Research Subaccount is established in the Fish
and Wildlife Account. Based on the annual number of recreational
halibut anglers, a portion of the moneys derived from the sale of
the salmon, steelhead trout, sturgeon and halibut tag pursuant to
ORS 497.121 shall be credited to the subaccount. Moneys in the
subaccount may be expended only for halibut population studies
and other research.
(6) The Upland Bird Subaccount is established in the Fish and
Wildlife Account. All moneys received by the State Fish and
Wildlife Commission from the sale of upland bird stamps, from the
sale of any art works and prints related to the upland bird stamp
and from private hunting preserve permit fees shall be deposited
in the subaccount. Moneys in the subaccount may be expended only
for promoting the propagation and conservation of upland birds
and the acquisition, development, management, enhancement, sale
or exchange of upland bird habitat, and for activities related to
the design, production, issuance and arrangements for sale of the
upland bird stamps and related art works and prints. Expenditures
of moneys in the subaccount shall be made for the benefit of
programs within this state in such amounts and at such times as
the commission determines appropriate to most directly benefit
the upland bird resources of the state.
(7)(a) The Fish and Wildlife Deferred Maintenance Subaccount is
established in the Fish and Wildlife Account. Interest earnings
on moneys in the subaccount shall be credited to the subaccount.
The subaccount shall consist of moneys authorized by the
Legislative Assembly from the State Wildlife Fund and moneys
obtained by gift, grant, bequest or donation from any other
public or private source.
(b) The principal in the subaccount may be utilized only as
provided in paragraph (c) of this subsection. Interest earnings
on the moneys in the subaccount may be expended only for the
maintenance of fish hatcheries and State Department of Fish and
Wildlife facilities other than administrative facilities located
in Portland.
(c) The department may borrow funds from the principal of the
subaccount to maintain adequate cash flow requirements. However,
moneys borrowed from the principal must be repaid to the
subaccount:
(A) Within six months from the date on which the moneys were
borrowed.
(B) With interest at the standard rate that the State Treasurer
charges to state agencies for other loans. Interest paid under
this subparagraph shall be paid to the subaccount.
(d) For purposes of this subsection, 'principal' means moneys
authorized by the Legislative Assembly for transfer to the
subaccount from the State Wildlife Fund, including any assignment
Enrolled House Bill 3232 (HB 3232-INTRO) Page 4
of earnings on moneys in the fund and other moneys obtained by
gift, grant, bequest or donation deposited into the subaccount.
(8) The Access and Habitat Board Subaccount is established in
the Fish and Wildlife Account. The subaccount shall consist of
moneys transferred to the subaccount pursuant to ORS 496.242.
Moneys in the subaccount may be used for the purposes specified
in ORS 496.242.
{ + (9)(a) The Mountain Sheep Subaccount is established in
the Fish and Wildlife Account, consisting of moneys collected
under ORS 497.112 (2)(a) to (c).
(b) All moneys in the subaccount shall be used for the
propagation and conservation of mountain sheep, for research,
development, management, enhancement and sale or exchange of
mountain sheep habitat and for programs within the state that in
the discretion of the commission most directly benefit mountain
sheep resources of this state.
(10)(a) The Antelope Subaccount is established in the Fish and
Wildlife Account, consisting of moneys collected under ORS
497.112 (2)(a) to (c).
(b) All moneys in the subaccount shall be used for the
propagation and conservation of antelope, for research,
development, management, enhancement and sale or exchange of
antelope habitat and for programs within the state that in the
discretion of the commission most directly benefit antelope
resources of this state.
(11)(a) The Mountain Goat Subaccount is established in the Fish
and Wildlife Account, consisting of moneys collected under ORS
497.112 (2)(a) to (c).
(b) All moneys in the subaccount shall be used for the
propagation and conservation of mountain goats for research,
development, management, enhancement and sale or exchange of
mountain goat habitat and for programs within the state that in
the discretion of the commission most directly benefit mountain
goat resources of this state. + }
{ - (9)(a) - } { + (12)(a) + } The commission shall keep a
record of all moneys deposited in the Fish and Wildlife Account.
The record shall indicate by separate cumulative accounts the
sources from which the moneys are derived and the individual
activity or programs against which each withdrawal is charged.
(b) Using the record created pursuant to paragraph (a) of this
subsection, the commission shall report, in the budget documents
submitted to the Legislative Assembly, on the application of
investment and interest earnings to the maintenance of fish
hatcheries and other State Department of Fish and Wildlife
facilities.
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Enrolled House Bill 3232 (HB 3232-INTRO) Page 5
Passed by House June 26, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 10, 2003
...........................................................
President of Senate
Enrolled House Bill 3232 (HB 3232-INTRO) Page 6
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 3232 (HB 3232-INTRO) Page 7