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 2605
A-Engrossed
House Bill 3252
Ordered by the House April 29
Including House Amendments dated April 29
Sponsored by Representative NELSON (at the request of Orville
Bernards)
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.
Requires person to hold { + marine + } shellfish license to
take { + marine + } shellfish. Defines { + marine + }
shellfish for purposes of wildlife laws. Establishes Marine
Shellfish Subaccount in Fish and Wildlife Account. Provides that
moneys in subaccount be used for management of { + taking of
marine + } shellfish { + for recreational purposes + }.
A BILL FOR AN ACT
Relating to shellfish licensing; creating new provisions; and
amending ORS 496.004, 496.146, 496.162, 496.303, 497.014,
497.036, 497.075, 497.079, 497.121, 497.132, 497.162, 497.415,
498.002 and 498.006.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 496.004 is amended to read:
496.004. As used in the wildlife laws, unless the context
requires otherwise:
(1) 'Angle' means to take or attempt to take a fish for
personal use by means involving hook and line.
(2) 'Commission' means the State Fish and Wildlife Commission
created by ORS 496.090.
(3) 'Compatible' means capable of existing in harmony so as to
minimize conflict.
(4) 'Department' means the State Department of Fish and
Wildlife created by ORS 496.080.
(5) 'Director' means the State Fish and Wildlife Director
appointed pursuant to ORS 496.112.
(6) 'Endangered species' means:
(a) Any native wildlife species determined by the commission to
be in danger of extinction throughout any significant portion of
its range within this state.
(b) Any native wildlife species listed as an endangered species
pursuant to the federal Endangered Species Act of 1973 (P.L.
93-205, 16 U.S.C. 1531), as amended.
(7) 'Fund' means the State Wildlife Fund created by ORS
496.300.
(8) 'Fur-bearing mammal' means beaver, bobcat, fisher, marten,
mink, muskrat, otter, raccoon, red fox and gray fox.
(9) 'Game mammal' means antelope, black bear, cougar, deer,
elk, moose, mountain goat, mountain sheep and silver gray
squirrel.
(10) 'Hunt' means to take or attempt to take any wildlife by
means involving the use of a weapon or with the assistance of any
mammal or bird.
(11) 'Manage' means to protect, preserve, propagate, promote,
utilize and control wildlife.
{ + (12) 'Marine shellfish' includes all shellfish that live
in a primarily marine habitat, such as abalone, clams, crabs,
mussels, oysters, piddocks, scallops and shrimp, but 'marine
shellfish' does not include shellfish that live in a primarily
freshwater habitat, such as clams and crayfish. + }
{ - (12) - } { + (13) + } 'Optimum level' means wildlife
population levels that provide self-sustaining species as well as
taking, nonconsumptive and recreational opportunities.
{ - (13) - } { + (14) + } 'Person with a disability' means
a person who complies with the requirement of ORS 496.018.
{ - (14) - } { + (15) + } 'Species' means any species or
subspecies of wildlife.
{ - (15) - } { + (16) + } 'Take' means to kill or obtain
possession or control of any wildlife.
{ - (16) - } { + (17) + } 'Threatened species' means:
(a) Any native wildlife species the commission determines is
likely to become an endangered species within the foreseeable
future throughout any significant portion of its range within
this state.
(b) Any native wildlife species listed as a threatened species
pursuant to the federal Endangered Species Act of 1973 (P.L.
93-205, 16 U.S.C. 1531), as amended.
{ - (17) - } { + (18) + } 'Trap' means to take or attempt
to take any wildlife by means involving the use of a trap, net,
snare or other device used for the purpose of capture.
{ - (18) - } { + (19) + } 'Wildlife' means fish,
{ + marine shellfish, + } wild birds, amphibians and reptiles,
feral swine as defined by State Department of Agriculture rule
and other wild mammals.
SECTION 2. 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, { + taking, + } 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 3. ORS 496.162 is amended to read:
496.162. (1) After investigation of the supply and condition of
wildlife, the State Fish and Wildlife Commission, at appropriate
times each year, shall by rule:
(a) Prescribe the times, places and manner in which wildlife
may be taken by angling, hunting { - or - } { + , + } trapping
{ + or other method + } and the amounts of each of those
wildlife species that may be taken and possessed.
(b) Prescribe such other restrictions or procedures regarding
the angling, { + taking, + } hunting, trapping or possessing of
wildlife as the commission determines will carry out the
provisions of wildlife laws.
(2) In carrying out the provisions of subsection (1) of this
section, the power of the commission includes, but is not limited
to:
(a) Prescribing the amount of each wildlife species that may be
taken and possessed in terms of sex, size and other physical
characteristics.
(b) Prescribing such regular and special time periods and areas
closed to the angling, { + taking, + } hunting and trapping of
any wildlife species when the commission determines such action
is necessary to protect the supply of such wildlife.
(c) Prescribing regular and special time periods and areas open
to the angling, { + taking, + } hunting and trapping of any
wildlife species, and establishing procedures for regulating the
number of persons eligible to participate in such angling,
{ + taking, + } hunting or trapping, when the commission
determines such action is necessary to maintain properly the
supply of wildlife, alleviate damage to other resources, or to
provide a safe and orderly recreational opportunity.
(3) Notwithstanding subsections (1) and (2) of this section,
except as provided in ORS 498.146 or during those times and at
those places prescribed by the commission for the hunting of elk,
the commission shall not prescribe limitations on the times,
places or amounts for the taking of predatory animals. As used in
this subsection, 'predatory animal' has the meaning for that term
provided in ORS 610.002.
(4) In carrying out the provisions of this section, before
prescribing the numbers of deer and elk to be taken, the
commission shall consider:
(a) The supply and condition of deer and elk herds;
(b) The availability of forage for deer, elk and domestic
livestock on public and private range and forest lands;
(c) The recreational opportunities derived from deer and elk
populations; and
(d) The effects of deer and elk herds on public and private
range and forest lands.
SECTION 4. ORS 497.014 is amended to read:
497.014. (1) Angling { + or taking marine shellfish + } in the
waters of the Pacific Ocean within three miles of the coast of
the State of Oregon or the State of Washington, between the
Oregon-Washington boundary and Cape Falcon, by the holder of
either a valid Oregon or Washington angling { + or marine
shellfish + } license therefor in accordance with the laws and
rules of the respective states is lawful. However, a person other
than a Washington resident landing fish by boat in Oregon must
hold a valid Oregon angling license { + and a person other than
a Washington resident taking marine shellfish by boat in Oregon
must hold a valid Oregon marine shellfish license + }. All
persons landing fish { + or taking marine shellfish + } by boat
in Oregon are subject to all Oregon { - angling - } laws,
{ + rules and regulations relating to angling or taking marine
shellfish, + } including bag and length requirements.
(2) { - This section does not become operative until - }
{ + Subsection (1) of this section applies to angling only
if + } laws, rules or regulations of the State of Washington
{ - become operative that - } , in substance or effect, contain
provisions { - which - } { + that + } make angling with a
valid Oregon angling license lawful in the waters of the Pacific
Ocean within three miles of the coast of the State of Oregon or
the State of Washington between the Oregon-Washington boundary
and Leadbetter Point. { - This section remains operative only
while such laws, rules or regulations remain operative. - }
SECTION 5. ORS 497.036 is amended to read:
497.036. The holder of any license, tag or permit to angle,
{ + take, + } hunt or trap must consent to the inspection of
any such license, tag or permit and any wildlife taken pursuant
to such license, tag or permit:
(1) By any employee of the State Fish and Wildlife Commission
or any person authorized to enforce the wildlife laws.
(2) By the owner, or the agent of the owner, of any land upon
which the license, tag or permit holder is angling { + for,
taking + }, hunting or trapping { + any wildlife + }.
SECTION 6. ORS 497.075 is amended to read:
497.075. (1) Except as provided in subsections (2), (3) and (4)
of this section, no person shall angle for, { + take, + } hunt
or trap, or assist another in angling for, { + taking, + }
hunting or trapping, any wildlife unless the person has in
possession such valid licenses, tags and permits therefor as the
State Fish and Wildlife Commission issues.
(2) An angling { + or marine shellfish + } license is not
required:
(a) Of a person younger than 14 years of age. However, each
such person who angles for salmon, steelhead trout, sturgeon or
halibut must have in possession a valid annual tag to angle for
salmon, steelhead trout, sturgeon and halibut while so angling.
(b) Of a resident person to angle { + or take marine
shellfish + } on land owned by that person. However, each such
person who angles for salmon, steelhead trout, sturgeon or
halibut must have in possession a valid annual tag to angle for
salmon, steelhead trout, sturgeon and halibut while so angling.
(c) Of a resident person to angle { + or take marine
shellfish + } on land owned by a member of the person's immediate
family and upon which the person resides. However, each such
person who angles for salmon, steelhead trout, sturgeon or
halibut must have in possession a valid annual tag to angle for
salmon, steelhead trout, sturgeon and halibut while so angling.
(d) Of a person to angle for or otherwise take smelt.
(3) A hunting license is not required:
(a) Of a person younger than 14 years of age to hunt wildlife,
except those species for which a tag or permit is required by the
wildlife laws or by any rule promulgated pursuant thereto.
(b) Of a resident person to hunt wildlife, except those species
of wildlife for which a tag or permit is required by the wildlife
laws or by any rule promulgated pursuant thereto, on land upon
which the person resides and is owned by the person or a member
of the person's immediate family.
(c) Of a person who holds a valid trapping license to take, by
any means involving the use of a weapon, fur-bearing mammals
during authorized trapping seasons or predators.
(d) Of a person to take wildlife pursuant to ORS 498.012,
notwithstanding any other provision of this subsection.
(4) A trapping license is not required:
(a) Of a resident person to trap fur-bearing mammals or
predators, except those species for which a tag or permit is
required by the wildlife laws or any rule promulgated pursuant
thereto, on land upon which the person resides and is owned by
the person or a member of the person's immediate family.
(b) Of a person younger than 14 years of age to trap
fur-bearing mammals or predators, except those species for which
a tag or permit is required by the wildlife laws or by any rule
promulgated pursuant thereto.
(c) Of a person to trap wildlife that is not protected by the
wildlife laws or the laws of the United States.
SECTION 7. ORS 497.079 is amended to read:
497.079. Notwithstanding ORS 497.075, 497.121 and 497.132, the
State Fish and Wildlife Commission may issue an order that
authorizes individuals to angle for fish { + or take marine
shellfish + } in the waters of this state without the licenses or
tags, or without the licenses and tags otherwise required by law,
on any two consecutive days each year.
SECTION 8. 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 { + or take marine shellfish + } the following
licenses and tags and shall charge therefor the following fees:
(a) Resident annual angling license, $16.
(b) Nonresident annual angling license, $41.75.
(c) Nonresident angling license to angle for seven consecutive
days, $30.50.
(d) Angling license to angle for one day, $5.25.
(e) Resident annual juvenile angling license for persons 14
through 17 years of age, $4.
{ + (f) Resident annual marine shellfish license, $6.
(g) Nonresident annual marine shellfish license, $20.
(h) Nonresident daily marine shellfish license, $6. + }
{ - (f) - } { + (i) + } 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) - } { + (j) + } 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) - } { + (k) + } 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) - } { + (L) + } Annual tag to angle for salmon,
steelhead trout, sturgeon and halibut, $15.
{ - (j) - } { + (m) + } Annual tag for persons under 18
years of age to angle for salmon, steelhead trout, sturgeon and
halibut, $5.
{ - (k) - } { + (n) + } 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) - } { + (1)(L), (m) and (n) + } 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 9. ORS 497.132 is amended to read:
497.132. (1) In lieu of issuing to resident persons separate
licenses for angling { + , marine shellfish taking + } and
hunting, the State Fish and Wildlife Commission is authorized to
issue resident annual combination angling { + , marine shellfish
taking + } and hunting licenses, and charge therefor a fee of
$28.
(2)(a) In lieu of issuing to resident persons separate licenses
and tags for various hunting { + , marine shellfish taking + }
and angling activities, the commission is authorized to issue
resident annual sportsperson's licenses and shall charge therefor
a fee of $100. The purchaser of each such license is authorized
to engage in those hunting { + , marine shellfish taking + } and
angling activities for which the following licenses and tags are
required:
(A) Combination license;
(B) Black bear tag;
(C) Cougar 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 { + ; and
(J) Marine shellfish license + }.
(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 10. ORS 497.162 is amended to read:
497.162. (1) Upon application of the Oregon Youth Authority or
the Department of Human Services, the State Fish and Wildlife
Commission shall issue, without fee, a license to angle { + or
to take marine shellfish + } for the temporary use of any person
in a state institution as defined in ORS 179.610, any student in
a youth correction facility or related camps or programs operated
by the Oregon Youth Authority, any child placed by the department
and under the care of a foster home or a private nonprofit
child-caring agency certified by the department, or any person in
a department alternatives to state hospitalization program as
defined in ORS 430.630 (2)(b) or (c). The licenses issued under
this subsection shall be in bearer form and, subject to
applicable laws and regulations relating to angling { + and
taking marine shellfish + }, shall be used as the authority or
department directs.
(2) Upon application of the director of any veteran's
administration hospital or domiciliary within this state, the
commission shall issue, without fee, to each hospital or
domiciliary 30 licenses to angle { + or to take marine
shellfish + } for the temporary use of any person who is a
patient or resident in the hospital or domiciliary. The licenses
issued under this subsection shall be in bearer form and, subject
to applicable laws and regulations relating to angling { + and
taking marine shellfish + }, shall be used as the director of the
hospital or domiciliary provides.
SECTION 11. ORS 497.415 is amended to read:
497.415. (1) Except as provided in ORS 497.435, when any person
is convicted of a violation of law or any rule adopted pursuant
thereto or otherwise fails to comply with the requirements of a
citation in connection with such violation as provided in
subsection (2) of this section, the court may order the State
Fish and Wildlife Commission to revoke such of the licenses, tags
and permits issued to that person pursuant to the wildlife laws
as the court considers appropriate. Revocation of licenses, tags
and permits is in addition to and not in lieu of other penalties
provided by law.
(2) The license, tag and permit revocation provisions of
subsection (1) of this section apply to the following persons:
(a) Any person who is convicted of a violation of the wildlife
laws, or any rule adopted pursuant thereto, or who otherwise
fails to comply with the requirements of a citation in connection
with any such offense when the base fine amount for the offense
is $50 or more.
(b) Any person who is convicted of a violation of ORS 164.245,
164.255, 164.265, 164.345, 164.354 or 164.365 committed while the
person was angling, { + taking marine shellfish, + } hunting or
trapping or who otherwise fails to comply with the requirements
of a citation in connection with any such offense when the base
fine amount for the offense is $50 or more.
(c) Any person who is convicted of a violation of ORS 166.630
or 166.638 committed while hunting or who otherwise fails to
comply with the requirements of a citation in connection with any
such offense when the base fine amount for the offense is $50 or
more.
(3) When a court orders the revocation of a license, tag or
permit pursuant to this section or ORS 497.435, the court shall
take up any such licenses, tags and permits and forward them,
together with a copy of the revocation order, to the commission.
Upon receipt thereof, the commission shall cause revocation of
the appropriate licenses, tags and permits in accordance with the
court order.
(4) For purposes of the Wildlife Violator Compact, the
commission shall:
(a) Suspend a violator's license for failure to comply with the
terms of a citation from a party state. A copy of a report of
failure to comply from the licensing authority of the issuing
state shall be conclusive evidence.
(b) Revoke a violator's license for a conviction in a party
state. A report of conviction from the licensing authority of the
issuing state shall be conclusive evidence.
(5) No person who has had a license, tag or permit revoked
pursuant to this section for the first time shall apply for or
obtain another such license, tag or permit for the period of 24
months from the date the court ordered the revocation. Upon
having a license, tag or permit revoked for a second time
pursuant to this section, no person shall apply for or obtain
another such license, tag or permit for the period of three
years. Upon having a license, tag or permit revoked for a third
or subsequent time pursuant to this section, no person shall
apply for or obtain another such license, tag or permit for the
period of five years.
(6) If a person convicted of conduct described in subsection
(2) of this section does not possess at the time of conviction
those licenses, tags and permits issued pursuant to the wildlife
laws that the court would have revoked pursuant to this section,
the court shall specify by order those licenses, tags and permits
that would have been revoked and shall forward a copy of the
order to the commission. No person who is the subject of such a
court order shall apply for, possess or obtain another such
license, tag or permit for the period of 24 months from the date
of the order. Upon being the subject of a court order under this
subsection for a second time, no person shall apply for or obtain
another such license, tag or permit for the period of three
years. Upon being the subject of a court order under this
subsection for a third or subsequent time, no person shall apply
for or obtain another such license, tag or permit for the period
of five years.
SECTION 12. ORS 498.002 is amended to read:
498.002. (1) Wildlife is the property of the state. No person
shall angle for, { + take, + } hunt, trap or possess, or assist
another in angling for, { + taking, + } hunting, trapping or
possessing any wildlife in violation of the wildlife laws or of
any rule promulgated pursuant thereto.
(2) No person shall angle for, { + take, + } hunt or trap, or
assist another in angling for, { + taking, + } hunting or
trapping any wildlife while intentionally violating ORS 164.245
to 164.270 or 498.120.
SECTION 13. ORS 498.006 is amended to read:
498.006. Except as the State Fish and Wildlife Commission by
rule may provide otherwise, no person shall chase, harass,
molest, worry or disturb any wildlife except while engaged in
lawfully angling for, { + taking, + } hunting or trapping such
wildlife.
SECTION 14. 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
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
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) The Marine Shellfish Subaccount is established in the
Fish and Wildlife Account. Interest earnings on moneys in this
subaccount shall be credited to the subaccount. All moneys
received by the commission from the sale of marine shellfish
licenses shall be deposited in the subaccount. Moneys in the
subaccount shall be used for the management of the taking of
marine shellfish for recreational purposes, which may include the
use of moneys as a grant to a marina, or to a port as defined in
ORS 777.005 and 778.005. + }
{ - (9)(a) - } { + (10)(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.
SECTION 15. { + Notwithstanding ORS 496.303 (9), the State
Department of Fish and Wildlife may use moneys received from the
sale of resident and nonresident marine shellfish licenses during
the 2004 calendar year to pay for the administrative expenses of
the department in establishing the marine shellfish licensing
program. + }
SECTION 16. { + The amendments to ORS 496.004, 496.146,
496.162, 497.014, 497.036, 497.075, 497.079, 497.121, 497.132,
497.162, 497.415, 498.002 and 498.006 by sections 1 to 13 of this
2003 Act apply to licenses issued and violations committed on or
after the effective date of this 2003 Act. + }
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