Chapter 523 Oregon Laws 2011

AN ACT

HB 2126

Relating to hunting tags; amending ORS 497.112.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 497.112 is amended to read:

497.112. (1) The State Fish and Wildlife Commission is authorized to issue, upon application, to persons desiring to hunt wildlife the following general tags and shall charge therefor the following fees:

(a) Resident annual elk tag to hunt elk, $40.50.

(b) Nonresident annual elk tag to hunt elk, $498.50.

(c) Special annual elk tag for holders of pioneer or disabled veteran hunting licenses to hunt elk, one-half the fee imposed under paragraph (a) of this subsection for a resident annual elk tag to hunt elk.

(d) Resident annual deer tag to hunt deer, $22.50.

(e) Nonresident annual deer tag to hunt deer, $373.50.

(f) Resident annual black bear tag to hunt black bear, $12.50.

(g) Nonresident annual black bear tag to hunt black bear, $180.50.

(h) Resident annual mountain sheep tag to hunt mountain sheep, $120.50.

(i) Nonresident annual mountain sheep tag to hunt mountain sheep, $1,298.50.

(j) Resident annual mountain goat tag to hunt mountain goat, $120.50.

(k) Nonresident annual mountain goat tag to hunt mountain goat, $1,298.50.

(L) Resident annual cougar tag to hunt cougar, $12.50.

(m) Nonresident annual cougar tag to hunt cougar, $12.50.

(n) Resident annual antelope tag to hunt antelope, $42.50.

(o) Nonresident annual antelope tag to hunt antelope, $331.50.

(p) Resident annual turkey tag to hunt turkeys, $20.50.

(q) Resident annual juvenile turkey tag to hunt turkeys, $8.50.

(r) Nonresident annual juvenile turkey tag to hunt turkeys, $8.50.

(s) Nonresident annual turkey tag to hunt turkeys, $75.50.

(t) Outfitter and guide annual deer tag to hunt deer, $495.25.

(u) Outfitter and guide annual elk tag to hunt elk, $731.75.

(2)(a) Notwithstanding ORS 496.146 (10), the commission is authorized to issue each year one special tag that is auctioned to the highest bidder in a manner prescribed by the commission for each of the following:

(A) Mountain sheep;

(B) Antelope; and

(b) In addition to the tags referred to in paragraph (a) of this subsection, the commission is authorized to issue each year one special tag that is raffled in a manner prescribed by the commission for each of the following:

(A) Mountain sheep;

(B) Antelope; and

(A) Mountain sheep tags shall be placed in the Mountain Sheep Subaccount established in ORS 496.303;

(B) Antelope tags shall be placed in the Antelope Subaccount established in ORS 496.303; and

(d) Notwithstanding ORS 496.146 (10), the commission, upon the recommendation of the Access and Habitat Board to fulfill the board’s charge of providing incentives to increase public access and habitat improvements to private land, is authorized to issue each year up to 10 elk and 10 deer tags to hunt deer or elk. The tags shall be auctioned or raffled to the highest bidder in a manner prescribed by the commission. The Access and Habitat Board, in recommending any tags, shall include a proposal as to the land on which each tag can be used and a percentage of funds received from the tags that may revert to the landowner if the tag is limited to private land. However, the percentage cannot be more than 50 percent and the programs must, by written agreement, provide for public access and habitat improvements.

(3) The tags referred to in subsection (1) of this section are in addition to and not in lieu of the hunting licenses required by law.

(4) The commission may, at the time of issue only, indorse upon the tags referred to in subsection (1) of this section an appropriate designation indicating whether it is for a game animal to be taken with bow and arrow or with firearms, at the choice of the applicant. The commission may prescribe by rule that the holder of such a tag is not authorized to take the game animal by any other means than the tag so indorsed.

(5) Except as provided in subsection (6) of this section, a person is not eligible to obtain, in a lifetime, more than one controlled hunt tag issued by the commission to hunt mountain sheep and one controlled hunt tag issued by the commission to hunt mountain goat.

(6) A person is eligible to obtain mountain sheep tags, antelope tags or mountain goat tags described in subsection (2)(a) and (b) of this section, regardless of whether the person has previously taken a mountain sheep, antelope or mountain goat or previously obtained a mountain sheep tag, antelope tag or mountain goat tag issued pursuant to subsection (1) or (2)(a) or (b) of this section.

(7) The number of nonresident mountain goat tags and nonresident mountain sheep tags shall be decided by the commission, but:

(a) The number of nonresident mountain goat tags may not be less than five percent nor more than 10 percent of all mountain goat tags issued.

(b) The number of nonresident mountain sheep tags may not be less than five percent nor more than 10 percent of all mountain sheep tags issued.

(8) The number of tags issued by drawing under subsection (1)(g), (m) and (o) of this section shall be decided by the commission, but for each class of tag so issued, the number may not be more than three percent of all tags of that class issued for hunting in a particular area except one nonresident tag may be issued for each hunt when the number of authorized tags is less than 35. The number of tags issued under subsection (1)(g) of this section for the general hunting season may be decided by the commission, but the number may not be more than three percent of all tags issued the previous year for hunting in a particular area.

(9) The number of tags issued by drawing under subsection (1)(b) and (e) of this section shall be decided by the commission, but for each class of tag so issued, the number may not be more than five percent of all tags of that class issued for hunting in a particular area except one nonresident tag may be issued for each hunt when the number of authorized tags is fewer than 35. The commission shall set the percentage by rule each year after holding a public hearing.

(10) If a controlled hunt for game mammals is undersubscribed during the primary controlled hunt drawing, the commission may issue the unallocated tags to licensed hunters at up to four times the standard tag fee on a first-come, first-served basis. This controlled hunt tag program shall be in addition to and not replace any existing controlled hunt tag program.

(11) The commission by rule may authorize the issuance of free tags to hunt antelope, deer and elk to provide an incentive to increase compliance with hunting reporting requirements.

Approved by the Governor June 28, 2011

Filed in the office of Secretary of State June 29, 2011

Effective date January 1, 2012

__________