Chapter 189 Oregon Laws 1999

Session Law

AN ACT

SB 130

Relating to fish restoration; creating new provisions; and amending ORS 496.435 and 496.445.

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

SECTION 1. ORS 496.435 is amended to read:

496.435. Consistent with other provisions of law, it is declared to be a goal of the people of the State of Oregon to restore native stocks of salmon and trout to their historic levels of abundance. In order to achieve this goal in a cost-effective manner, the State of Oregon shall engage in a program to rehabilitate and improve natural habitat and native stocks and [insure] ensure that the level of harvest does not exceed the capacity of stocks to reproduce themselves. The State of Oregon shall promote rehabilitation of salmon and trout populations by reintroducing the fish to habitats by using the salmon and trout enhancement program and remote hatchboxes.

SECTION 2. ORS 496.445 is amended to read:

496.445. In carrying out the salmon and trout enhancement program, the State Fish and Wildlife Commission shall:

(1) Provide appropriate department personnel to act as community advisors to cooperatively develop enhancement projects with citizen volunteers and to cooperatively evaluate enhancement projects with the citizens responsible for project implementation.

(2) Provide technical assistance to citizens responsible for implementation of enhancement projects.

(3) Coordinate the implementation of enhancement projects with the activities of department staff and other agencies.

(4) Provide educational and informational materials to promote public awareness and involvement in the salmon and trout enhancement program.

(5) Supervise the activities of citizens developing local brood stock for enhancement projects.

(6) Grant funds to citizens for the implementation of approved enhancement projects from such moneys as may be available to the commission therefor.

(7) Develop and implement a remote hatchbox program as described in section 4 of this 1999 Act.

(8) Report annually to the Legislative Assembly on the progress of the salmon and trout enhancement program.

SECTION 3. Section 4 of this 1999 Act is added to and made a part of ORS 496.430 to 496.460.

SECTION 4. (1) The State Fish and Wildlife Commission shall develop and implement a remote hatchbox program.

(2) To implement the remote hatchbox program required under subsection (1) of this section, the commission shall:

(a) Identify sites in tributaries that are suitable for remote hatchboxes;

(b) Adopt rules necessary to implement the remote hatchbox program;

(c) Investigate the potential of producing remote hatchboxes through an inmate work program of the Department of Corrections; and

(d) Report annually to the Legislative Assembly on the progress of the remote hatchbox program. The report shall include but need not be limited to the sites the commission has chosen, a copy of rules the commission has adopted and findings on the extent to which the commission is utilizing labor, supplies or services provided by an inmate work program.

(3) Rules adopted by the commission under subsection (2) of this section shall:

(a) Ensure that the program is scientifically sound;

(b) Be consistent with the goals of the Oregon Plan, as described in ORS 541.405; and

(c) Identify protocols for determining when the use of remote hatchboxes is an appropriate activity under the Oregon Plan.

SECTION 5. The State Fish and Wildlife Commission shall first report to the Legislative Assembly as required under ORS 496.445 (8) and section 4 of this 1999 Act on or before June 30, 2000.

Approved by the Governor May 14, 1999

Filed in the office of Secretary of State May 14, 1999

Effective date October 23, 1999

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