Chapter 338
AN ACT
SB 490
Relating to hunting; amending ORS 496.146;
and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. 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.
(19) May,
notwithstanding the fees required by ORS 497.112, provide free hunting tags to
an organization that sponsors hunting trips for terminally ill children.
(20) Shall, after
consultation with the State Department of Agriculture, adopt rules prohibiting
the use of the World Wide Web, other Internet protocols or broadcast or closed
circuit media to remotely control a weapon for the purpose of hunting any game
bird, wildlife, game mammal or other mammal. The rules may exempt the State Department
of Fish and Wildlife or agents of the department from the prohibition.
SECTION 2. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor June 11, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date June 11, 2007
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