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 314
 
                         Senate Bill 99
 
Sponsored by Senator BEYER (at the request of Wayne Van Dyke)
 
 
                             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.
 
  Requires person to have angling license in order to take
shellfish. Defines shellfish. Authorizes taking of shellfish by
persons holding angling or combination licenses. Allows State
Fish and Wildlife Commission to establish season and limits for
taking shellfish.
 
                        A BILL FOR AN ACT
Relating to wildlife; creating new provisions; and amending ORS
  496.004, 496.146, 496.162, 497.012, 497.014, 497.036, 497.075,
  497.079, 497.121, 497.132, 497.162, 497.415 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) 'Optimum level' means wildlife population levels that
provide self-sustaining species as well as taking, nonconsumptive
and recreational opportunities.
  (13) 'Person with a disability' means a person who complies
with the requirement of ORS 496.018.
   { +  (14) 'Shellfish' includes abalone, clams, crabs,
crayfish, mussels, oysters, piddocks, scallops and shrimp. + }
    { - (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,
 { + 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, 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 497.012 is amended to read:
  497.012. (1) Angling,  { + taking shellfish, + } hunting or
trapping in the waters of the Snake River or on the islands of
the Snake River, where the river forms the boundary line between
the State of Oregon and the State of Idaho, by a holder of either
a valid Oregon or Idaho license therefor in accordance with the
laws and rules of the respective states is lawful.
  (2) Nothing in this section is intended to authorize:
  (a) The holder of an Oregon license to angle,  { + take, + }
hunt or trap on the shoreline, sloughs or tributaries on the
Idaho side of the Snake River.
  (b) The holder of an Idaho license to angle,  { + take, + }
hunt or trap on the shoreline, sloughs or tributaries on the
Oregon side of the Snake River.
  SECTION 5. ORS 497.014 is amended to read:
  497.014. (1) Angling  { + or taking 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 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  { + or taking shellfish + } by boat in Oregon must
hold a valid Oregon angling license. All persons landing fish
 { + or taking shellfish + } by boat in Oregon are subject to all
Oregon   { - angling - }  laws { + , rules and regulations
 
relating to angling or taking 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. - }
   { +  (3) Subsection (1) of this section applies to the taking
of shellfish only if laws, rules or regulations of the State of
Washington, in substance or effect, contain provisions that make
the taking of shellfish 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. + }
  SECTION 6. 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,  { + taking
wildlife, + } hunting or trapping.
  SECTION 7. 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 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  { + take shellfish or + } angle 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  { + take shellfish or + } angle 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 8. 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 to take
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 9. 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 to take 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 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) 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) 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) Annual tag to angle for salmon, steelhead trout, sturgeon
and halibut, $15.
  (j) Annual tag for persons under 18 years of age to angle for
salmon, steelhead trout, sturgeon and halibut, $5.
  (k) 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) 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.
   { +  (4) Angling licenses issued under this section authorize
the taking of shellfish. + }
  SECTION 10. ORS 497.132 is amended to read:
  497.132. (1) In lieu of issuing to resident persons separate
licenses for angling and hunting, the State Fish and Wildlife
Commission is authorized to issue resident annual combination
angling 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 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 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.
  (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.
   { +  (3) Combination licenses issued under this section
authorize the taking of shellfish. + }
  SECTION 11. 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 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 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 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
 
shellfish + }, shall be used as the director of the hospital or
domiciliary provides.
  SECTION 12. 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 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 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.  { + The amendments to ORS 496.004, 496.146,
496.162, 497.012, 497.014, 497.036, 497.075, 497.079, 497.121,
497.132, 497.162, 497.415 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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