75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1009
House Bill 2219
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for State Department of Fish and Wildlife)
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.
Extends sunset on landowner preference tags program. Modifies
provisions of landowner preference tags program related to
transfer of tags. Creates new landowner preference tags program.
A BILL FOR AN ACT
Relating to landowner preference tags; creating new provisions;
and amending section 2, chapter 460, Oregon Laws 1995.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2, chapter 460, Oregon Laws 1995, as amended
by section 1, chapter 227, Oregon Laws 2001, is amended to read:
{ + Sec. 2. + } Notwithstanding any other provision of the
wildlife laws, during the period beginning January 1, 1996, and
ending January 2, { - 2010, - } { + 2026, + } the following
provisions apply with regard to the issuance and use of landowner
preference tags referred to in ORS 496.146 (4):
(1) Landowner preference tags shall be issued for the hunting
of deer, elk or antelope.
(2) Landowner preference tags may be used only for hunting on
the landowner's property.
(3) Landowner preference tags for the hunting of deer or elk
may be transferred to any person of the landowner's choosing and
shall be used for the taking of antlerless animals except as
authorized by subsection { - (6) - } { + (7) + } of this
section.
(4) Landowner preference tags for the hunting of antelope are
not transferable and may not be used for the taking of buck
antelope { - . - } { + except as follows:
(a) A landowner with 5,000 or more acres, or a member of the
landowner's immediate family, is eligible for one landowner
preference tag for buck antelope; and
(b) The landowner preference tag for buck antelope specified in
paragraph (a) of this subsection may be transferred only to a
person who is a member of the landowner's immediate family.
(5) During a controlled hunt for antelope that has a bag limit
for buck antelope or a bag limit for animals of either sex, the
total number of landowner preference tags for the controlled hunt
shall be limited to one tag or a number of tags equal to 10
percent of the total number of tags issued for the controlled
hunt, whichever is greater. + }
{ - (5) - } { + (6) + } Each landowner preference tag for
the hunting of deer or elk may be used to take two antlerless
animals before, during or after the hunting season for which the
tags are valid for the purpose of alleviating damage that is
presently occurring to the landowner's property, in accordance
with such rules as the State Fish and Wildlife Commission may
adopt.
{ - (6) - } { + (7) + } Landowner preference tags for the
hunting of deer or elk that are transferred to a person of the
landowner's choosing who is not a member of the landowner's
immediate family may be used to take an antlered animal only as
follows:
{ - (a) If the landowner receives one preference tag, that
tag may not be so used. - }
{ - (b) If the landowner receives two, three or four
preference tags, one of those tags may be so used. - }
{ - (c) If the landowner receives five, six or seven
preference tags, two of those tags may be so used. - }
{ - (d) If the landowner receives eight, nine or 10
preference tags, three of those tags may be so used. - }
{ + (a) Up to one-half of a landowner's landowner preference
tags may be transferred to persons who are not members of the
landowner's immediate family. If a landowner is eligible for an
odd number of landowner preference tags, the number of tags that
may be transferred is rounded up to the next even number.
(b) A landowner may donate landowner preference tags to a
nonprofit charitable organization that is exempt from federal
taxation under section 501(c)(3) of the Internal Revenue Code.
Any organization that receives a landowner preference tag under
this paragraph must sign a statement promising not to use the
tags for any purpose related to lobbying or pending
litigation. + }
SECTION 2. { + (1) Notwithstanding any other provision of the
wildlife laws, during the period beginning January 1, 2010, and
ending January 2, 2016, the following provisions apply with
regard to the issuance and use of landowner preference tags
referred to in ORS 496.146 (4):
(a) Landowner preference tags shall be issued for the hunting
of antlered deer or elk.
(b) Landowner preference tags may be used only for hunting on
the landowner's property.
(c) Landowner preference tags issued under this section may be
transferred to any individual the landowner chooses.
(d) The same bag limit that is available to members of the
public who are hunting on the landowner's property shall apply to
landowner preference tags issued under this section.
(e) A landowner qualifies for landowner preference tags issued
under this section if:
(A) The landowner provides:
(i) Public access for hunting that would not otherwise be
available;
(ii) Public access to public land that is surrounded by private
land; and
(iii) Public access that is significant as specified in ORS
496.146 (4); or
(B) The landowner provides public access that is significant as
specified in ORS 496.146 (4) to:
(i) Persons who are between 9 and 14 years of age and hunting
pursuant to the youth hunter mentoring program specified in ORS
497.360;
(ii) Persons who are between 12 and 17 years of age and
participating in a designated hunt period specified by rule by
the State Fish and Wildlife Commission; or
(iii) A terminally ill child hunting with a free hunting tag
pursuant to ORS 496.146 (19).
(2) The landowner preference tags issued under this section are
in addition to the landowner preference tags issued pursuant to
the provisions of section 2, chapter 460, Oregon Laws 1995, as
amended by section 1, chapter 227, Oregon Laws 2001, and section
1 of this 2009 Act. + }
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