Chapter 697 Oregon Laws 1999

Session Law

AN ACT

SB 778

Relating to administration of certain natural resources; creating new provisions; amending ORS 496.090, 496.112 and 496.118; and declaring an emergency.

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

SECTION 1. ORS 496.090 is amended to read:

496.090. (1) There is established a State Fish and Wildlife Commission [consisting of seven] that shall consist of at least seven members and may consist of up to nine members appointed by the Governor.

(2) The term of office of each member is four years. Before the expiration of the term of a member, the Governor shall appoint a successor. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(3) All appointments of members of the commission by the Governor are subject to confirmation by the Senate pursuant to section 4, Article III, Oregon Constitution.

(4) One member of the commission shall be appointed from each of the congressional districts referred to in ORS 188.135, [and] one member from that portion of the state lying west of the Cascade Mountains[,] and one member from that portion of the state lying east of the Cascade Mountains. Two members of the commission may be appointed from the state at large.

(5) No member of the commission may hold any office in any sports fishing organization or commercial fishing organization or have any ownership or other direct interest in a commercial fish processing business.

(6) Failure of a member to maintain compliance with the eligibility requirements of subsections (4) and (5) of this section shall vacate membership. Members of the commission may otherwise be removed only for cause.

(7) A member of the commission is entitled to compensation and expenses as provided in ORS 292.495.

SECTION 2. ORS 496.112 is amended to read:

496.112. (1) The State Fish and Wildlife Commission shall appoint a State Fish and Wildlife Director to serve for a term of four years unless sooner removed by the commission.

(2) The director shall receive such salary as may be fixed by the commission. In addition to salary, subject to applicable law regulating travel and other expenses of state officers, the director shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties.

(3) The commission may delegate to the director any of the powers and duties granted to or imposed upon it by law, except to revoke or refuse to issue licenses issued pursuant to the commercial fishing laws [or the commission's power to adopt rules].

SECTION 3. ORS 496.118 is amended to read:

496.118. (1) Subject to policy direction by the State Fish and Wildlife Commission, the State Fish and Wildlife Director shall:

(a) Be the administrative head of the State Department of Fish and Wildlife;

(b) Have power, within applicable budgetary limitations, and in accordance with ORS chapter 240, to hire, assign, reassign and coordinate personnel of the department;

(d) Be authorized to participate in any proceeding before any public officer, commission or body of the United States or any state for the purpose of representing the citizens of Oregon concerning the wildlife resources of this state;

(e) Establish such sections and divisions as are necessary to properly carry out the work of the commission;

(f) Be responsible for the collection, application and dissemination of information pertinent to the management of the wildlife resources, and to the regulation of the uses of such resources; and

(g) Coordinate any activities of the department related to a watershed enhancement project approved by the Governor's Watershed Enhancement Board under ORS 541.375 with activities of other cooperating state and federal agencies participating in the project.

(2) In addition to duties otherwise required by law, the director shall prescribe internal policies and procedures for the government of the department, the conduct of its employees, the assignment and performance of its business and the custody, use and preservation of its records, papers and property in a manner consistent with applicable law.

(3) In addition to any other duties assigned to the director, the director shall report quarterly on the activities of the department to the joint legislative committee established pursuant to ORS 171.551.

[(3)] (4) The director may delegate to any employee of the department the exercise or discharge in the director's name of any power, duty or function of whatever character, vested in or imposed by law upon the director. The official act of a person so acting in the director's name and by the director's authority shall be considered to be an official act of the director.

(5) The director may restrict or otherwise limit the participation of an employee of the department in any program administered by the department to ensure that the programs of the department are administered in a fair and equitable manner and that no employee of the department gains an advantage over the public.

[(4)] (6) Notwithstanding the provisions of ORS 496.112 (3), in times of emergency or with respect to regulating wildlife taking, the director may exercise the full powers of the commission until such times as the emergency ends or the commission meets in formal session.

SECTION 4. Section 5 of this 1999 Act is added to and made a part of ORS chapter 496.

SECTION 5. (1) In exercising any authority to adopt administrative rules delegated by the State Fish and Wildlife Commission under ORS 496.112, the State Fish and Wildlife Director shall comply with the requirements of ORS 496.138.

(2) Notwithstanding ORS 183.400, for any rule adopted by the director pursuant to subsection (1) of this section, before a person may petition the Court of Appeals to determine the validity of the rule, the person shall first request that the State Fish and Wildlife Commission determine the validity of the rule. The determination of the commission may be reviewed in accordance with ORS 183.400.

SECTION 6. (1) In addition to any other duties assigned, the joint legislative committee appointed pursuant to ORS 171.551 shall study the organization and operation of the State Department of Fish and Wildlife and the need to change the organizational structure of the department.

(2) The joint legislative committee shall report its findings and recommendations resulting from the study under subsection (1) of this section to the Seventy-first Legislative Assembly. The committee may file its written report at any time within 30 days after its final interim meeting, or at such later time as the appointing authorities may designate. All legislation recommended by official action of the committee must indicate that it is introduced at the request of the committee. Such legislation shall be prepared in time for presession numbering and presession filing pursuant to ORS 171.130.

SECTION 7. Notwithstanding the term of office set forth in ORS 496.090, if two additional members of the State Fish and Wildlife Commission are first appointed in the same year pursuant to ORS 496.090, as amended by section 1 of this 1999 Act, one shall serve a term ending on June 30 of the second year following the year of appointment, and one shall serve a term ending on June 30 of the fourth year following the year of appointment.

SECTION 8. 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 14, 1999

Filed in the office of Secretary of State July 15, 1999

Effective date July 14, 1999

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