Chapter 671 Oregon Laws 1999

Session Law

AN ACT

HB 3609

Relating to wild fish policy; and declaring an emergency.

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

SECTION 1. (1) Notwithstanding the wild fish management policy adopted by rule by the State Fish and Wildlife Commission, the commission shall adopt by rule plans for the natural production of anadromous fish runs in the basins set forth in subsection (2) of this section. The plans shall be adopted after government-to-government consultation in the forum established pursuant to United States v. Oregon, United States District Court Case No. 68-513 MA, among the State Department of Fish and Wildlife and the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon and the Nez Perce Tribe.

(2) The basins for which plans may be adopted under subsection (1) of this section are:

(a) Hood;

(b) Deschutes;

(c) Fifteenmile Creek;

(d) John Day;

(e) Umatilla;

(f) Walla Walla;

(g) Grande Ronde; and

(h) Imnaha.

(3) Of the basins set forth in subsection (2) of this section, the commission shall give priority to adopting plans for the Grande Ronde, Imnaha, Umatilla, Walla Walla and Hood basins.

SECTION 2. The plans adopted pursuant to section 1 of this 1999 Act shall:

(1) Incorporate sound science;

(2) Be based upon adaptive management, incorporating monitoring and evaluation and clearly defined objectives and outcomes;

(3) Benefit fish and wildlife;

(4) Be consistent with efforts of the State of Oregon to recover salmonid populations listed under the federal Endangered Species Act, 16 U.S.C. 1531 to 1544; and

(5) Include a risk/benefit analysis to wild fish.

SECTION 3. During the biennium beginning July 1, 1999, the State Department of Fish and Wildlife shall report at least once every three months to the appropriate legislative committee and the Governor on the progress of the department and the State Fish and Wildlife Commission in implementing sections 1 and 2 of this 1999 Act. On or before January 15, 2001, the department shall submit a written report on such progress to the Seventy-first Legislative Assembly.

SECTION 4. Sections 1 to 3 of this 1999 Act are repealed July 1, 2001.

SECTION 5. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor July 13, 1999

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

Effective date July 13, 1999

__________