Chapter 667 Oregon Laws 1999

Session Law

AN ACT

HB 3496

Relating to hunting; amending ORS 496.570, 497.102, 497.156 and 497.248.

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

SECTION 1. ORS 496.570 is amended to read:

496.570. Notwithstanding ORS 496.300, all moneys received by the State Fish and Wildlife Commission from the sale of upland bird stamps [and], from the sale of any art works and prints related to the upland bird stamp and from private hunting preserve permit fees shall be deposited in a separate subaccount in the State Wildlife Fund. Moneys in the subaccount may be expended only for promoting the propagation and conservation of upland birds and the acquisition, development, management, enhancement, sale or exchange of upland bird habitat, and for activities related to the design, production, issuance and arrangements for sale of the upland bird stamps and related art works and prints. Expenditures of moneys in the subaccount shall be made for the benefit of programs within this state in such amounts and at such times as the commission determines appropriate to most directly benefit the upland bird resources of the state.

SECTION 2. ORS 497.102 is amended to read:

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

(a) Resident annual hunting license to hunt wildlife, $12.

(b) Nonresident annual hunting license to hunt wildlife, $50.

(c) Resident annual juvenile hunting license for persons 14 through 17 years of age to hunt wildlife except those species for which a game mammal tag or permit is required by the wildlife laws or by any rule promulgated pursuant thereto, $2.

(d) Resident pioneer hunting license to hunt wildlife for persons 65 years of age or older who have resided in the state for not less than 50 years prior to the date of application, $1.

(e) Resident senior citizen hunting license to hunt wildlife for persons 70 years of age or older who have resided in the state for not less than five years prior to the date of application, free.

(f) Resident disabled war veteran hunting license to hunt wildlife for persons who have resided in the state for not less than one year immediately prior to the date of application and who file with the commission written proof that the last official certification of record by the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States shows the person to be at least 25 percent disabled, free.

(g) Annual resident private hunting preserve permit to hunt privately owned hunting preserve game birds, $3.

(h) Annual nonresident private hunting preserve permit to hunt privately owned hunting preserve game birds, $9.

(2) The hunting preserve [permit] permits referred to in subsection (1)(g) and (h) of this section [is] are in lieu of the hunting licenses required by the wildlife laws.

SECTION 3. ORS 497.156 is amended to read:

497.156. (1) The State Fish and Wildlife Commission is authorized to issue, upon application, to nonresident persons desiring to hunt either migratory waterfowl or upland birds an annual bird-waterfowl stamp and shall charge therefor a fee of $25.

(2) The stamp referred to in subsection (1) of this section is in addition to and not in lieu of the hunting licenses required by ORS 497.102.

(3) Notwithstanding subsection (1) of this section, a bird-waterfowl stamp is not required of:

(a) A person younger than 14 years of age; or

(b) A nonresident hunter on a private hunting preserve who holds an annual private hunting preserve permit issued under ORS 497.102.

(4) ORS 497.016 to 497.026 and 497.036 apply to the stamp referred to in subsection (1) of this section.

SECTION 4. ORS 497.248 is amended to read:

497.248. (1) No person shall engage in the business of operating a private hunting preserve for the hunting of privately owned or propagated game birds unless the person first obtains from the State Fish and Wildlife Commission a private hunting preserve license.

(2) The commission shall issue a private hunting preserve license to an applicant therefor if the commission finds that the operation of the preserve will meet the following requirements:

(a) The preserve [contains not more than 640 acres and] is on one continuous tract of land owned by the applicant or leased by the applicant for a period of at least five years and contains:

(A) Not more than 640 acres, if the preserve is located in the area west of the summit of the Cascade Mountains; or

(B) Not more than 1,280 acres, if the preserve is located in the area east of the summit of the Cascade Mountains.

(b) The preserve is located at least three miles from any other licensed private hunting preserve.

(c) No portion of the preserve is located closer than one-half mile to any park, wilderness area, refuge or wildlife management area operated by any agency of the state or Federal Government.

(d) The exterior boundaries of the preserve are clearly [marked in such manner as the commission prescribes] defined and posted with signs erected around the extremity at intervals of 1,320 feet or less. The signs shall comply with requirements prescribed by the State Department of Fish and Wildlife.

(e) The preserve has facilities to propagate or hold not less than 500 of each wildlife species to be released for hunting.

(f) The applicant will not prevent or attempt to prevent public hunting on lands adjacent to the preserve.

(3) The commission, by rule, shall prescribe the time, manner and place of hunting on private preserves, the wildlife species to be hunted, requirements for the care and marking of wildlife raised on the preserve, the release of wildlife received from another state, the procedures for marking indigenous wildlife incidentally taken on the preserve and the fees therefor, and record keeping and reporting procedures.

(4) No person shall hunt on a private hunting preserve unless the person first obtains from the commission a hunting license or a private hunting preserve permit.

Approved by the Governor July 13, 1999

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

Effective date October 23, 1999

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