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 3133
House Bill 2743
Sponsored by Representative ESQUIVEL; Representative KRIEGER
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 State Fish and Wildlife Commission to establish
identical procedures for issuance of licenses, tags and permits
for persons hunting with bows and persons hunting with firearms.
Requires commission to establish identical hunting regions for
persons hunting with bows and persons hunting with firearms.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to State Fish and Wildlife Commission; creating new
provisions; amending ORS 496.146; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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. { + The commission shall establish identical
procedures for the issuance of licenses, tags and permits for
persons hunting with bows and for persons hunting with firearms.
The commission shall establish identical hunting regions for
persons hunting with bows and for persons hunting with
firearms. + } 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. { + Except as provided in section 3 of this 2009
Act, the amendments to ORS 496.146 by section 1 of this 2009 Act
become operative on January 1, 2010. + }
SECTION 3. { + The State Fish and Wildlife Commission may
adopt rules before the operative date specified in section 2 of
this 2009 Act or take any action before that date that is
necessary to carry out the amendments to ORS 496.146 by section 1
of this 2009 Act. + }
SECTION 4. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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