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 2780
B-Engrossed
House Bill 3089
Ordered by the Senate June 4
Including House Amendments dated May 5 and Senate Amendments
dated
June 4
Sponsored by Representatives KRIEGER, SCHAUFLER; Representatives
BARKER, BOONE, BRUUN, WEIDNER, WITT, Senator METSGER (at the
request of Oregon Anglers)
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.
{ - Requires certain public lands to be open to access and
use for hunting except as limited by State Fish and Wildlife
Commission for public safety or wildlife management reasons.
Directs State Fish and Wildlife Director to report to Legislative
Assembly on public lands closed and opened to hunting on or
before January 1 of each year. - }
{ + Adds gray wolf, as special status mammal, to definition
of ' game mammal.' + }
Allows moneys made available from specified surcharges to be
expended on acquisition of easements for purpose of promoting
access to public and private lands.
Directs { + State Fish and Wildlife + } Commission to consider
giving additional preference points to holders of resident
pioneer hunting licenses under preference system that assures
individuals who are unsuccessful in certain permit drawings have
success in subsequent drawings.
Allows commission to adopt by rule schedule of civil penalties
for violations of wildlife laws. Establishes damages for unlawful
taking or killing of certain wildlife. Specifies cases in which
taking of certain wildlife is punishable by maximum of five
years' imprisonment, $125,000 fine, or both. Changes provisions
related to revocation and denial of licenses, tags and permits.
A BILL FOR AN ACT
Relating to wildlife; creating new provisions; amending ORS
496.004, 496.146, 496.232, 496.705, 496.992, 497.415 and
497.441; and repealing ORS 497.435.
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 { + and gray wolf as a special status
mammal defined by commission rule + }.
(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' has the meaning given that term in ORS
506.011.
(15) 'Species' means any species or subspecies of wildlife.
(16) 'Take' means to kill or obtain possession or control of
any wildlife.
(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.
(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.
(19) 'Wildlife' means fish, shellfish, amphibians and reptiles,
feral swine as defined by State Department of Agriculture rule,
wild birds as defined by commission rule and other wild mammals
as defined by commission rule.
SECTION 1a. ORS 496.232 is amended to read:
496.232. (1) The Access and Habitat Board shall meet, adopt and
recommend to the State Fish and Wildlife Commission, within 120
days after November 4, 1993, and at not more than 120-day
intervals thereafter, access and habitat programs.
(2) The commission shall review such programs and may approve
or disapprove the program recommendation by the board. Funds may
be expended from the subaccount referred to in ORS 496.242 for
projects that have been approved by the commission.
(3) The State Department of Fish and Wildlife and the board
jointly shall submit to each biennial session of the Legislative
Assembly a report on expenditure of funds for the access and
habitat programs and on the status of various projects.
(4) In recommending access and habitat programs, the board
shall:
(a) Recommend a mix of projects that provides a balance between
access and habitat benefits.
(b) Recommend projects that are to be implemented by volunteers
under volunteer coordinators and nonprofit organizations engaged
in approved access and habitat activities.
(c) Recommend programs that recognize and encourage the
contributions of landowners to wildlife and programs that
minimize the economic loss to those landowners.
(d) Encourage agreements with landowners who request damage
control hunts to ensure public access to those hunts.
(e) Encourage projects that result in obtaining matching funds
from other sources.
(5) All moneys made available for the access and habitat
programs from surcharges received under section 19, chapter 659,
Oregon Laws 1993, and from gifts and grants made to carry out the
access and habitat programs may be expended only if the board so
recommends and the commission so approves. Such amounts may be
expended:
(a) On programs that benefit wildlife by improving habitat.
These programs shall be in coordination with the Wildlife
Division and shall be in addition to programs provided by federal
funds. These programs may:
(A) Be on private lands.
(B) Provide seed and fertilizer to offset forage consumed by
wildlife and for other programs that enhance forage.
(C) Be adjacent to agricultural and forest land to attract
animals from those crops.
(b) On programs that promote access to public and private
lands { + :
(A) + } Through contracting for various levels of management of
these lands. These management programs may include:
{ - (A) - } { + (i) + } Creating hunting lease programs
that provide access at present levels or stimulate new access.
{ - (B) - } { + (ii) + } Controlling access.
{ - (C) - } { + (iii) + } Opening vehicle access.
{ - (D) - } { + (iv) + } Promoting land exchanges.
{ - (E) - } { + (v) + } Promoting proper hunting behavior.
{ + (B) Through the acquisition of easements. + }
(c) On programs that would provide for wildlife feeding to
alleviate damage, to intercept wildlife before wildlife becomes
involved in a damage situation and for practical food replacement
in severe winters.
(d) On programs to coordinate volunteers to improve habitat,
repair damage to fences or roads by wildlife or recreationists,
monitor orderly hunter utilization of public and private lands
and assist the Oregon State Police in law enforcement activities.
(e) On programs that provide for auction or raffle of tags to
provide incentives for habitat or access.
(6) The board may accept, from whatever source, gifts or grants
for the purposes of access and habitat. All moneys so accepted
shall be deposited in the subaccount referred to in ORS 496.242.
Unless otherwise required by the terms of a gift or grant, gifts
or grants shall be expended as provided in subsection (5) of this
section.
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. { + In establishing the preference
system, the commission shall consider giving additional
preference points to persons who have been issued a resident
pioneer hunting license pursuant to ORS 497.102. + }
(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.
{ + (21) May adopt rules establishing a schedule of civil
penalties, not to exceed $6,500 per violation, for violations of
provisions of the wildlife laws or rules adopted by the
commission under the wildlife laws. Civil penalties established
under this subsection must be imposed in the manner provided by
ORS 183.745 and must be deposited in the State Wildlife Fund
established under ORS 496.300. + }
SECTION 3. ORS 496.705 is amended to read:
496.705. (1) The State Fish and Wildlife Commission may
institute suit for the recovery of damages for the unlawful
taking or killing of any of the wildlife referred to in
subsection (2) of this section that are the property of the
state.
(2) { + (a) + } The damages referred to in subsection (1) of
this section { - shall be - } { + are + } as follows:
{ - (a) - } { + (A) + } Each game mammal other than
{ + moose, + } mountain sheep, mountain goat, elk or silver gray
squirrel { + , or deer or antelope described in subparagraphs (D)
and (E) of this paragraph + }, $800.
{ - (b) - } { + (B) + } Each { + moose, + } mountain sheep
or mountain goat, { + other than those described in
subparagraphs (F), (G) and (H) of this paragraph, + }
{ - $6,800 - } { + $10,000 + }.
{ - (c) - } { + (C) + } Each elk, { + other than those
described in subparagraph (I) of this paragraph, + } $1,500.
{ + (D) Each deer with at least four points on one antler,
$7,500.
(E) Each antelope with at least one horn equal to or greater
than 14 inches, $7,500.
(F) Each moose with antlers, $25,000.
(G) Each mountain sheep that has at least one horn equal to or
greater than one half curl, $25,000.
(H) Each mountain goat that has at least one horn equal to or
greater than six inches, $25,000.
(I) Each elk with at least six points on one antler,
$15,000. + }
{ - (d) - } { + (J) + } Each silver gray squirrel, $20.
{ - (e) - } { + (K) + } Each game bird other than wild
turkey, $20.
{ - (f) - } { + (L) + } Each wild turkey, $100.
{ - (g) - } { + (M) + } Each game fish other than salmon,
steelhead trout, halibut or sturgeon, $10.
{ - (h) - } { + (N) + } Each { + sturgeon other than those
specified in subparagraph (O) of this paragraph, + } salmon,
steelhead trout { - , - } { + or + } halibut { - or
sturgeon - } , $250.
{ + (O) Each oversized sturgeon, as specified by the
commission by rule, $1,000. + }
{ - (i) - } { + (P) + } Each fur-bearing mammal other than
bobcat or fisher, $100.
{ - (j) - } { + (Q) + } Each bobcat or fisher, $700.
{ - (k) - } { + (R) + } Each specimen of any wildlife
species whose survival is specified by the wildlife laws or the
laws of the United States as threatened or endangered, $1,000.
{ - (L) - } { + (S) + } Each specimen of any wildlife
species otherwise protected by the wildlife laws or the laws of
the United States, but not otherwise referred to in this
subsection, $50.
{ + (T) Each bald eagle, golden eagle, goshawk, osprey,
peregrine falcon or any other raptor listed as a threatened
species or an endangered species by the commission by rule,
$5,000.
(U) Each raptor except those specified in subparagraph (T) of
this paragraph, $2,000.
(b) For purposes of this subsection:
(A) A point must be at least one inch, measured from the main
beam of the antler to the tip of the point.
(B) Horn length must be measured from the base of the hairline
to the tip of the horn. + }
(3) In any such action, the court shall award to the prevailing
party, in addition to costs and disbursements, reasonable
attorney fees.
(4) Such civil damages shall be in addition to other penalties
prescribed by the wildlife laws for the unlawful taking or
killing of wildlife.
(5) Any circuit or justice court has jurisdiction to try any
case for the recovery of damages for the unlawful taking or
killing of any of the wildlife as provided by this section.
SECTION 4. ORS 496.992 is amended to read:
496.992. (1) Except as otherwise provided by ORS 153.022 and
other law, violation of any provision of the wildlife laws, or
any rule promulgated pursuant thereto, is a Class A misdemeanor
when the offense is committed with a culpable mental state as
defined in ORS 161.085. If the defendant is sentenced to pay a
fine, failure to pay the fine, or any portion thereof, shall be
treated as provided in ORS 161.685.
(2) Except as otherwise provided by ORS 153.022 and other law,
violation of any provision of the wildlife laws or any rule
promulgated pursuant thereto is punishable as a Class A violation
in the manner prescribed in ORS chapter 153 when the offense is
committed with no culpable mental state as defined in ORS
161.085.
(3) The second and each subsequent conviction within a 10-year
period for the taking of { + a raptor or the taking of + } game
fish with a total value of $200 or more or the taking of
antelope, black bear, cougar, deer, elk, moose, mountain goat or
mountain sheep in violation of the wildlife laws { + , + } or any
rule promulgated pursuant thereto which occurs more than one hour
prior to or more than one hour subsequent to a season established
for the lawful taking of such game mammals or game fish { + , + }
is a Class C felony when the offense is committed with a culpable
mental state as defined in ORS 161.085.
SECTION 5. 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 - } { + shall + } order the State Fish and Wildlife
Commission to revoke { - such of the - } { + all + }
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:
(a) The commission shall suspend a violator's license as
defined in ORS 496.750 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. Suspension under this paragraph commences on
the date the commission issues a final order pursuant to the
provisions of ORS chapter 183 to suspend the license in this
state. The period of suspension under this paragraph is the
period provided by Oregon law or such longer period as provided
by commission rule based on the period of suspension imposed by
the party state.
(b) The commission shall revoke a violator's license as defined
in ORS 496.750 for a conviction in a party state. A report of
conviction from the licensing authority of the issuing state
shall be conclusive evidence. Revocation under this paragraph
commences on the date the commission issues a final order
pursuant to the provisions of ORS chapter 183 to revoke the
license in this state. The period of revocation under this
paragraph is the period provided by Oregon law or such longer
period as provided by commission rule based on the period of
revocation imposed by the party state.
(5)(a) 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 - } { + 36 + } months from the date the court or
commission ordered the revocation.
(b) 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 - } { + five + } years.
(c) Upon having a license, tag or permit revoked for a third or
subsequent time pursuant to this section, { - no - }
{ + a + } person { - shall apply for or obtain - } { + is
prohibited from applying for or obtaining + } another such
license, tag or permit { - for the period of five years - } .
(6)(a) 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 - }
{ + 36 + } months from the date of the order.
(b) 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 - } { + five + } years.
(c) Upon being the subject of a court order under this
subsection for a third { - or subsequent - } time,
{ - no - } { + a + } person { - shall apply for or
obtain - } { + is prohibited from applying for or obtaining + }
another such license, tag or permit { - for the period of five
years - } .
SECTION 6. ORS 497.441 is amended to read:
497.441. No person who has had a license, tag or permit revoked
pursuant to ORS 497.415 { - or 497.435 - } shall engage in the
activity for which the license, tag or permit is required:
(1) During the remainder of the period for which the license,
tag or permit was issued; or
(2) During the period for which the person is prohibited by law
from applying for or obtaining another such license, tag or
permit.
SECTION 7. { + ORS 497.435 is repealed. + }
SECTION 8. { + (1) The amendments to ORS 496.705 by section 3
of this 2009 Act apply to the unlawful taking or killing of
wildlife occurring on or after the effective date of this 2009
Act.
(2) The amendments to ORS 496.992 by section 4 of this 2009 Act
apply to acts or conduct occurring on or after the effective date
of this 2009 Act.
(3) The amendments to ORS 497.415 by section 5 of this 2009 Act
apply to offenses committed on or after the effective date of
this 2009 Act.
(4) The repeal of ORS 497.435 by section 7 of this 2009 Act
does not affect the revocation of hunting licenses, tags and
permits ordered before the effective date of this 2009 Act. + }
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