75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 3013
 
LC 1487/HB 3013-4
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3013
 
                      By COMMITTEE ON RULES
 
                             May 21
 
  On page 1 of the printed bill, line 2, after 'resources; '
delete the rest of the line and delete lines 3 and 4 and insert '
and declaring an emergency.'.
  Delete lines 6 through 29 and delete pages 2 through 6 and
insert:
  '  { +  SECTION 1. + }  { + The State Department of Fish and
Wildlife, State Fish and Wildlife Commission, State Land Board
and relevant state agencies shall, consistent with existing
statutory authority, implement the November 29, 2008,
recommendations from the Ocean Policy Advisory Council on marine
reserves by:
  ' (1) Adopting rules to establish, study, monitor, evaluate and
enforce a pilot marine reserve at Otter Rock and a pilot marine
reserve and a marine protected area at Redfish Rocks;
  ' (2) Studying and evaluating potential marine reserves at Cape
Falcon, Cascade Head and Cape Perpetua; and
  ' (3) Supporting the development of a marine reserve proposal
at Cape Arago-Seven Devils. + }
  '  { +  SECTION 2. + }  { + (1) The State Department of Fish
and Wildlife, in consultation with members from the scientific
and technical advisory committee established under ORS 196.451,
other relevant marine and fishery scientists, relevant state
agencies, ocean users and coastal communities shall implement the
activities described in section 1 of this 2009 Act by developing
a work plan.
  ' (2) The work plan shall contain the following elements
regarding the marine reserves described in section 1 of this 2009
Act:
  ' (a) A biological assessment, including information on habitat
characterization, biological resources, local knowledge and, for
the established pilot marine reserves, monitoring plans.
  ' (b) A socioeconomic assessment, including a description of
human uses, net effects on sport and commercial fisheries and
communities and, for the established pilot marine reserves,
monitoring plans.
  ' (c) Formation of community teams, with diverse and balanced
stakeholder representation that includes local government,
recreational fishing industry, commercial fishing industry,
nonfishing industry, recreationalists, conservation, coastal
watershed councils, relevant marine and avian scientists, to
collaborate and develop recommendations for potential marine
reserves, considering the biological and socioeconomic
information developed under this section. Collaboration may be
facilitated by a neutral outside party hired through a
competitive bidding process.
  ' (d) Provision of information on the process and data gathered
to interested parties and made available to the public.
  ' (e) Development of scientifically based goals specific to
each of the marine reserve sites, incorporating continuity and
cumulative outcomes, benefits and impacts.
  ' (f) Provision of baseline data on Oregon's territorial sea,
as defined in ORS 196.405.
  ' (g) Development of an enforcement plan in consultation with
the Oregon State Police and representatives from affected user
groups.
  ' (h) Use of communities and volunteers to assist in
implementing the work plan where feasible and practical.
  ' (3) The data and recommendations produced from the work plan
and other available nearshore data shall be used by the State
Department of Fish and Wildlife, in consultation with the Ocean
Policy Advisory Council, to recommend the number, size, location
and restriction limits of the potential sites for marine reserve
designation, consistent with Executive Order 08-07. If, through
this process, it is determined that other appropriate sites need
to be considered or that potential sites are not consistent with
Executive Order 08-07, then the data and recommendations produced
shall be provided to the public, the State Department of Fish and
Wildlife and other relevant state agencies for future purposes
relevant to nearshore management. + }
  '  { +  SECTION 3. + }  { + (1) The State Department of Fish
and Wildlife shall report on the results of the work plan to an
appropriate interim legislative committee on or before November
30, 2010, regarding:
  ' (a) The study and establishment of the pilot marine reserves
at Otter Rock and Redfish Rocks described in section 1 of this
2009 Act;
  ' (b) The study and evaluation of the potential marine reserves
at Cape Falcon, Cascade Head and Cape Perpetua described in
section 1 of this 2009 Act;
  ' (c) The development of a marine reserve proposal at Cape
Arago-Seven Devils described in section 1 of this 2009 Act;
  ' (d) The status of funding necessary to carry out the
provisions of section 1 of this 2009 Act; and
  ' (e) The accomplishment of the goals related to each of the
marine reserves.
  ' (2) The department shall also report on the activities
described in subsection (1) of this section to members of the
Ocean Policy Advisory Council, relevant state agencies and to the
public. + }
  '  { +  SECTION 4. + }  { + The Department of State Lands shall
transfer $1 million to the State Department of Fish and Wildlife,
for the biennium beginning July 1, 2009, from other funds that
are not constitutionally dedicated to the Common School Fund, for
use by the State Department of Fish and Wildlife to carry out the
provisions of section 1 of this 2009 Act. + }
  '  { +  SECTION 5. + }  { + (1) The State Department of Fish
and Wildlife may accept only gifts, grants or contributions from
any source for deposit in the State Wildlife Fund established in
ORS 496.300 that are consistent with the department's work plan
specified in section 2 of this 2009 Act.
  ' (2) Any designation of marine reserves in Oregon's
territorial sea must include commitments by relevant state
agencies to pursue long-term funding necessary to enforce
prohibitions, support necessary research and monitoring and
provide for public education.
  ' (3) If funding cannot be secured to meet the enforcement and
research-based monitoring needs associated with the goals
specified in section 2 (2)(e) of this 2009 Act, agencies
responsible for managing the marine reserves shall make
recommendations to the State Fish and Wildlife Commission and the
Legislative Assembly and initiate actions to scale down or
suspend fisheries prohibitions in the marine reserves. + }
  '  { +  SECTION 6. + }  { + Designation of marine reserves
requires periodic reporting by the State Department of Fish and
Wildlife in consultation with other relevant state agencies on
the accomplishment of the goals described in section 2 (2)(e) of
this 2009 Act. The State Department of Fish and Wildlife and the
State Land Board shall, based on review of the periodic
reporting, initiate appropriate rulemaking adjustments that may
include size, location and restrictions on marine reserves. + }
  '  { +  SECTION 7. + }  { + 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 July 1, 2009. + } ' .
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