Chapter 1006 Oregon Laws
1999
Session Law
AN ACT
HB 2100
Relating to fees; creating
new provisions; and amending ORS 496.300, 497.022, 497.075, 497.102, 497.112,
497.121, 497.132, 497.134, 497.151 and 497.156 and section 4, chapter 512,
Oregon Laws 1989, and section 19, chapter 659, Oregon Laws 1993.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 496.300 is amended to read:
496.300. (1) The State Wildlife Fund is established in the
State Treasury separate and distinct from the General Fund. Except as otherwise
provided by law, all moneys received by the State Fish and Wildlife Commission
pursuant to the wildlife laws, except such as may be required as a revolving
fund for payroll and emergency expenses, shall be paid into the State Treasury
and credited to the fund. Except as provided in subsection (5) of this section,
all moneys in the fund are appropriated continuously to the commission to carry
out the wildlife laws. Interest earnings on all moneys in the fund shall be
retained in the fund.
(2) All moneys received by the commission from the sale of
migratory waterfowl stamps shall be deposited in the State Wildlife Fund.
(3) All moneys received by the commission from the sale of art
works and prints related to the migratory waterfowl stamp shall be deposited in
a separate subaccount in the State Wildlife Fund. Moneys in the subaccount may
be expended only for activities that promote the propagation, conservation and
recreational uses of migratory waterfowl and for activities related to the
design, production, issuance and arrangements for sale of the migratory
waterfowl stamps and related art works and prints. Expenditures of moneys in
the subaccount may be made within this state, in other states or in foreign
countries, in such amounts as the commission determines appropriate.
Expenditures in other states and foreign countries shall be on such terms and
conditions as the commission determines will benefit most directly the
migratory waterfowl resources of this state.
(4) The commission shall keep a record of all moneys deposited
in the State Wildlife Fund. The record shall indicate by separate cumulative
accounts the source from which the moneys are derived and the individual
activity or program against which each withdrawal is charged.
(5)(a) The Fish Screening Subaccount is established in the
State Wildlife Fund. The subaccount shall consist of:
(A) All penalties recovered under ORS 536.900 to 536.920.
(B) All moneys received pursuant to ORS 498.306.
(C) All gifts, grants and other moneys from whatever source
that may be used to carry out the provisions of ORS 498.306, 498.311 and
509.615.
(D) All moneys received from the surcharge on angling licenses
imposed by ORS 497.124.
(b) All moneys in the subaccount are appropriated continuously
to the State Department of Fish and Wildlife to carry out the provisions of ORS
315.138, 498.306, 498.311, 509.615 and 509.620. However, moneys received from
the surcharge on angling licenses imposed by ORS 497.124 shall be expended only
to carry out the provisions of law relating to the screening of water
diversions at a rate less than 30 cubic feet per second.
(c) Of the moneys in the subaccount budgeted for administrative
expenses, up to 50 percent of that amount may be expended for activities
associated with the screening of diversions over 30 cubic feet per second and
for fish passages issues.
(6) The Fish Endowment Account is established in the State
Treasury, separate and distinct from the General Fund. The account shall
consist of transfers of moneys authorized by the Legislative Assembly from the
State Wildlife Fund and gifts and grants of moneys from whatever source for the
purpose of paying the expense of maintaining fish hatcheries operated by the
department. Interest earnings on moneys in the account, but no portion of the
principal, may be transferred to the State Wildlife Fund and may be expended
only for the maintenance of fish hatcheries operated by the department.
(7) The Halibut Research Account is created as a subaccount in
the State Wildlife Fund. [All moneys
received from the issuance of halibut tags] Based on the annual number of recreational halibut anglers, a portion
of the moneys derived from the sale of the salmon, steelhead trout, sturgeon
and halibut tag pursuant to ORS 497.121 shall be credited to the account.
Moneys in the account may be expended only for halibut population studies and
other research.
SECTION 2.
ORS 497.022 is amended to read:
497.022. (1) The State Fish and Wildlife Commission may appoint
agents to issue any of the licenses, tags or permits the commission is
authorized by law to issue. The commission shall prescribe the procedure for
the issuance of such licenses, tags and permits. Agents of the commission shall
issue licenses, tags and permits in accordance with the prescribed procedure
and shall charge and collect the fees prescribed by law therefor. [Unless excepted by the commission, all
agents of the commission who sell more than 3,000 documents per year shall
issue licenses, tags and permits by the use of a state computerized licensing
system. Agents that sell less than 3,000 documents per year may elect whether
or not to issue licenses, tags or permits by use of a state computerized
licensing system.]
(2) In addition to the fees prescribed by law for the issuance
of a license, tag or permit, the issuing agent shall charge and collect [$1 for each] $5 for each resident annual sportsman's license issued pursuant to ORS
497.132 (2)(a) and $1.50 each for any other license, tag or permit. If the
agent is a county clerk, the agent shall deposit such additional fees in the
general fund of the county for which the agent is the clerk. If the agent is an
employee of the State Department of Fish and Wildlife, the moneys shall be
deposited in the State Wildlife Fund. Agents other than county clerks or
department employees who issue licenses without the use of a state computerized
licensing system may retain such additional fees for their license tag or
permit issuance services. Agents other than county clerks or department
employees who issue licenses, tags or permits using a state computerized
licensing system may retain such portion of the additional fees, but not less
than [50] $2.50 for each resident annual sportsman's license issued pursuant to
ORS 497.132 (2)(a) or 75 cents for
any other license, tag or permit, as may be specified by contract between
the department and the agent for license, tag or permit issuance service
performed by the agent.
(3) If the commission finds that an agent appointed pursuant to
this section has violated any of the provisions of law or the procedures
prescribed by the commission for the issuance of licenses, tags or permits or
the collection and disposition of fees therefrom, the commission may revoke the
authority of the agent to issue licenses, tags and permits, or may suspend such
authority for such time as the commission considers appropriate.
SECTION 3.
ORS 497.075 is amended to read:
497.075. (1) Except as provided in subsections (2), (3) and (4)
of this section, no person shall angle for, hunt or trap, or assist another in
angling for, hunting or trapping, any wildlife unless the person has in
possession such valid licenses, tags and permits therefor as the State Fish and
Wildlife Commission issues.
(2) An angling license is not required:
(a) Of a person younger than 14 years of age. However, each
such person who angles for salmon [or], steelhead trout, sturgeon or halibut must have in possession a valid [salmon-steelhead tag, and each such person
who angles for sturgeon must have in possession a valid sturgeon tag] annual tag to angle for salmon, steelhead
trout, sturgeon and halibut while so angling.
(b) Of a resident person to angle on land owned by that person.
However, each such person who angles for salmon [or], steelhead trout, sturgeon or halibut must have in
possession a valid [salmon-steelhead tag,
and each such person who angles for sturgeon must have in possession a valid
sturgeon tag] annual tag to angle
for salmon, steelhead trout, sturgeon and halibut while so angling.
(c) Of a resident person to angle on land owned by a member of
the person's immediate family and upon which the person resides. However, each
such person who angles for salmon [or], steelhead trout, sturgeon or halibut must have in possession a valid [salmon-steelhead tag, and each such person
who angles for sturgeon must have in possession a valid sturgeon tag] annual tag to angle for salmon, steelhead
trout, sturgeon and halibut while so angling.
(d) Of a person to angle for or otherwise take smelt.
(3) A hunting license is not required:
(a) Of a person younger than 14 years of age to hunt wildlife,
except those species for which a tag or permit is required by the wildlife laws
or by any rule promulgated pursuant thereto.
(b) Of a resident person to hunt wildlife, except those species
of wildlife for which a tag or permit is required by the wildlife laws or by
any rule promulgated pursuant thereto, on land upon which the person resides
and is owned by the person or a member of the person's immediate family.
(c) Of a person who holds a valid trapping license to take, by
any means involving the use of a weapon, fur-bearing mammals during authorized
trapping seasons or predators.
(d) Of a person to take wildlife pursuant to ORS 498.012,
notwithstanding any other provision of this subsection.
(4) A trapping license is not required:
(a) Of a resident person to trap fur-bearing mammals or
predators, except those species for which a tag or permit is required by the
wildlife laws or any rule promulgated pursuant thereto, on land upon which the
person resides and is owned by the person or a member of the person's immediate
family.
(b) Of a person younger than 14 years of age to trap
fur-bearing mammals or predators, except those species for which a tag or
permit is required by the wildlife laws or by any rule promulgated pursuant
thereto.
(c) Of a person to trap wildlife that is not protected by the
wildlife laws or the laws of the United States.
SECTION 4.
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]
$14.
(b) Nonresident annual hunting license to hunt wildlife, [$50]
$55.
(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] free.
(e) Resident annual
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] one-half the fee imposed under paragraph
(a) of this subsection for a resident annual hunting license to hunt wildlife.
(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 private hunting preserve permit to hunt privately
owned hunting preserve game birds, $3.
(2) The hunting preserve permit referred to in subsection
(1)(g) of this section is in lieu of the hunting licenses required by the wildlife
laws.
SECTION 5.
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, [$25] $28.
(b) Nonresident annual elk tag to hunt elk, [$290] $305.
(c) Special annual elk tag for holders of pioneer or disabled
veteran hunting licenses to hunt elk, [$2.50]
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, [$10]
$13.
(e) Nonresident annual deer tag to hunt deer, [$175] $190.
(f) Resident annual black bear tag to hunt black bear, $10.
(g) Nonresident annual black bear tag to hunt black bear, $150.
(h) Resident annual mountain sheep tag to hunt mountain sheep,
$90.
(i) Nonresident annual mountain sheep tag to hunt mountain
sheep, $975.
(j) Resident annual mountain goat tag to hunt mountain goat,
$90.
(k) Nonresident annual mountain goat tag to hunt mountain goat,
$975.
(L) Resident annual cougar tag to hunt cougar, $10.
(m) Nonresident annual cougar tag to hunt cougar, [$225] $150.
(n) Resident annual antelope tag to hunt antelope, $25.
(o) Nonresident annual antelope tag to hunt antelope, $200.
(p) Resident annual turkey tag to hunt turkeys, $10.
(q) Nonresident annual turkey tag to hunt turkeys, $40.
(2)(a) Notwithstanding ORS 496.146 (10), the commission is
authorized to issue each year one special mountain sheep tag to hunt mountain
sheep. The tag shall be auctioned to the highest bidder in a manner prescribed
by the commission.
(b) In addition to the tag referred to in paragraph (a) of this
subsection, the commission is authorized to issue each year one special
mountain sheep tag to hunt mountain sheep that is raffled in a manner
prescribed by the commission.
(c) 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 shall not be authorized to take
the game animal by any other means than the tag so indorsed.
(5) A person is not eligible to obtain, in a lifetime, more
than one tag issued by the commission to hunt a mountain sheep ram and one tag
issued by the commission to hunt mountain goat.
(6) 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 shall 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 shall not be
less than five percent nor more than 10 percent of all mountain sheep tags
issued.
(7) 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 shall 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 shall be decided by the commission, but
the number shall not be more than three percent of all tags issued the previous
year for hunting in a particular area.
(8) 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 shall 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.
SECTION 6.
ORS 497.121, as amended by section 5, chapter 25, Oregon Laws 1999 (Enrolled
House Bill 2099), is amended to read:
497.121. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to persons desiring to angle for fish
the following licenses and tags and shall charge therefor the following fees:
(a) Resident annual angling license, [$14.25] $16.
(b) Nonresident annual angling license, [$34.25] $41.75.
(c) Nonresident angling license to angle for seven consecutive
days, [$26.75] $30.50.
(d) Angling license to angle for one day, [$4.50] $5.25.
(e) Resident annual juvenile angling license for persons 14
through 17 years of age, $4.
(f) Resident pioneer angling license 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] free.
(g) Resident annual
senior citizen angling license 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] one-half the fee imposed under paragraph
(a) of this subsection for a resident annual angling license.
(h) Resident disabled war veteran angling license 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 by any branch of the Armed Forces of the United States
shows the person to be at least 25 percent disabled, free.
[(i) Annual
salmon-steelhead tag to angle for salmon or steelhead trout, $9.50.]
[(j) Annual sturgeon tag
to angle for sturgeon, $5.]
[(k) Annual halibut tag
to angle for halibut, $5.]
(i) Annual tag to angle
for salmon, steelhead trout, sturgeon and halibut, $15.
(j) Annual tag for persons
under 18 years of age to angle for salmon, steelhead trout, sturgeon and
halibut, $5.
(2) Any person who holds a valid permanent angling license for
blind persons or a permanent angling license for persons in a wheelchair issued
by the commission before January 1, 2000, need not obtain a resident annual
angling license under this section.
(3) The [salmon-steelhead
tag, sturgeon tag and halibut tag]
annual tags to angle for salmon, steelhead trout, sturgeon and halibut
referred to in subsection (1)(i) [to (k)] and (j) of this section are in
addition to and not in lieu of the angling licenses required by the wildlife
laws. However, [a salmon-steelhead tag,
sturgeon tag or halibut tag] an
annual tag to angle for salmon, steelhead trout, sturgeon and halibut is
not required of a person who holds a valid angling license referred to in
subsection (1)(c) or (d) of this section.
[(4) The commission may
issue salmon-steelhead tags, sturgeon tags and halibut tags in combination
form, charging the appropriate fee therefor, if the commission determines that
a combination tag is administratively convenient or appropriate.]
SECTION 7.
ORS 497.132 is amended to read:
497.132. (1) In lieu of issuing to resident persons separate
licenses for angling and hunting, the State Fish and Wildlife Commission is
authorized to issue resident annual combination angling and hunting licenses,
and charge therefor a fee of [$24.25] $28.
(2)(a) In lieu of issuing to resident persons separate licenses
and tags for various hunting and angling activities, the commission is
authorized to issue resident annual sportsman's licenses and shall charge
therefor a fee of $100. The purchaser of each such license is authorized to
engage in those hunting and angling activities for which the following licenses
and tags are required:
(A) Combination license;
(B) Black bear tag;
(C) Cougar tag;
(D) General season elk tag;
(E) General season deer tag;
(F) Upland bird stamp;
(G) Oregon migratory waterfowl stamp;
(H) Turkey tag; and
[(I) Salmon-steelhead
tag; and]
[(J) Sturgeon tag.]
(I) Annual tag to angle
for salmon, steelhead trout, sturgeon and halibut.
(b) The holder of each sportsman's license who wishes to engage
in hunting or angling activities for which permits are required that are limited
by quota must participate in the process for allocation of the permits in the
same manner as all other permit applicants. However, if the holder of a
sportsman's license is unsuccessful in obtaining a permit limited by quota for
a particular activity, the holder will be issued a tag valid for any general
season for that species.
(c) Notwithstanding any other provision of the wildlife laws,
of the moneys received from the sale of sportsman's licenses:
(A) Two dollars from each such license shall be credited to the
subaccount referred to in ORS 496.242.
(B) [Five] Two dollars from each such license
shall be credited to the subaccount referred to in section 10, chapter 512,
Oregon Laws 1989.
(C) Twenty-five cents from each such license shall be credited
to the subaccount referred to in ORS 496.300 (5).
SECTION 8.
ORS 497.134, as amended by section 7, chapter 25, Oregon Laws 1999 (Enrolled
House Bill 2099), is amended to read:
497.134. (1) The State Fish and Wildlife Commission may provide
a means for persons to make voluntary contributions to be used for special fish
and wildlife management programs, including programs to improve access for
recreational angling. The commission may seek voluntary contributions in
conjunction with the sale of hunting and angling licenses and tags or by such
other means as the commission considers appropriate.
(2) If the commission implements an electronic licensing
system, the commission shall provide a means for persons to make voluntary
contributions in conjunction with the sale of licenses and tags referred to in
ORS 497.121 (1)[(a) to (i)]. All such
voluntary contributions received by the commission may be expended only for
projects for which applications are made pursuant to ORS 496.450.
SECTION 9.
ORS 497.151 is amended to read:
497.151. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to resident persons desiring to hunt
migratory waterfowl an annual migratory waterfowl stamp and shall charge
therefor a fee of [$5] $7.50.
(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 migratory
waterfowl stamp is not required of a person younger than 14 years of age.
(4) ORS 497.016 to 497.026 and 497.036 apply to the stamp
referred to in subsection (1) of this section.
(5) Nothing in this section is intended to prevent nonresident
persons from purchasing resident migratory waterfowl stamps for stamp
collecting or other purposes. However, possession of a resident migratory
waterfowl stamp does not authorize a nonresident to hunt migratory waterfowl.
SECTION 10.
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] $30.
(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 person younger than 14 years of age.
(4) ORS 497.016 to 497.026 and 497.036 apply to the stamp
referred to in subsection (1) of this section.
SECTION 11.
Section 4, chapter 512, Oregon Laws 1989, as amended by section 1, chapter 184,
Oregon Laws 1991, section 3, chapter 619, Oregon Laws 1993, and section 9,
chapter 8, Oregon Laws 1997, is amended to read:
Sec. 4. In addition
to the fees otherwise prescribed by law, the issuer of each of the following
licenses shall charge and collect each time the license is issued, during the
period beginning January 1, 1998, and ending December 31, 2003, the following
surcharges:
(1) Resident combination license issued under ORS 497.132, [$5]
$2.
(2) Resident annual angling license issued under ORS 497.121
(1)(a), [$5] $2.
(3) Resident juvenile angling license issued under ORS 497.121
[(1)(f)] (1)(e), $1.
(4) Angling license to angle for one day issued under ORS
497.121 (1)(d), [$2.50] $1.
(5) Nonresident annual angling license issued under ORS 497.121
(1)(b), [$12.50] $5.
(6) Nonresident angling license to angle for seven consecutive
days issued under ORS 497.121 (1)(c), [$6.25] $2.50.
SECTION 12.
Section 19, chapter 659, Oregon Laws 1993, is amended to read:
Sec. 19. (1) In
addition to the fees otherwise prescribed by law, the issuer of each of the
following licenses shall charge and collect each time the license is issued,
during the period beginning January 1, 1994, and ending December 31, 2003, the
following surcharges:
(a) Resident annual combination license issued under ORS
497.132, $2.
(b) Resident annual hunting license issued under ORS 497.102
(1)(a), $2.
(c) Nonresident annual hunting license issued under ORS 497.102
(1)(b), $2.
(d) Resident annual juvenile hunting license issued under ORS
497.102 (1)(c), $1.
[(e) Resident pioneer
hunting license issued under ORS 497.102 (1)(d), $1.]
(2) Payment of the surcharges required by this section does not
entitle the license holder to special access to any property or to any other
privilege. Notice to this effect shall be printed in materials distributed by
the State Department of Fish and Wildlife to licensees.
SECTION 13.
ORS 497.022, as amended by section 2 of this 1999 Act, is amended to read:
497.022. (1) The State Fish and Wildlife Commission may appoint
agents to issue any of the licenses, tags or permits the commission is
authorized by law to issue. The commission shall prescribe the procedure for
the issuance of such licenses, tags and permits. Agents of the commission shall
issue licenses, tags and permits in accordance with the prescribed procedure
and shall charge and collect the fees prescribed by law therefor.
(2) In addition to the fees prescribed by law for the issuance
of a license, tag or permit, the issuing agent shall charge and collect [$5 for each resident annual sportsman's
license issued pursuant to ORS 497.132 (2)(a) and $1.50 each for any other] $1 for each license, tag or permit. If
the agent is a county clerk, the agent shall deposit such additional fees in
the general fund of the county for which the agent is the clerk. If the agent
is an employee of the State Department of Fish and Wildlife, the moneys shall
be deposited in the State Wildlife Fund. Agents other than county clerks or
department employees who issue licenses without the use of a state computerized
licensing system may retain such additional fees for their license tag or
permit issuance services. Agents other than county clerks or department
employees who issue licenses, tags or permits using a state computerized
licensing system may retain such portion of the additional fees, but not less
than [$2.50 for each resident annual
sportsman's license issued pursuant to ORS 497.132 (2)(a) or 75] 50 cents [for any other license, tag or permit], as may be specified by
contract between the department and the agent for license, tag or permit issuance
service performed by the agent.
(3) If the commission finds that an agent appointed pursuant to
this section has violated any of the provisions of law or the procedures
prescribed by the commission for the issuance of licenses, tags or permits or
the collection and disposition of fees therefrom, the commission may revoke the
authority of the agent to issue licenses, tags and permits, or may suspend such
authority for such time as the commission considers appropriate.
SECTION 14.
ORS 497.102, as amended by section 4 of this 1999 Act, 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, [$14]
$12.
(b) Nonresident annual hunting license to hunt wildlife, [$55]
$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, [free] $1.
(e) Resident [annual]
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, [one-half the fee
imposed under paragraph (a) of this subsection for a resident annual hunting
license to hunt wildlife] 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 private hunting preserve permit to hunt privately
owned hunting preserve game birds, $3.
(2) The hunting preserve permit referred to in subsection
(1)(g) of this section is in lieu of the hunting licenses required by the
wildlife laws.
SECTION 15.
ORS 497.112, as amended by section 5 of this 1999 Act, 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, [$28] $25.
(b) Nonresident annual elk tag to hunt elk, [$305] $290.
(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] $2.50.
(d) Resident annual deer tag to hunt deer, [$13]
$10.
(e) Nonresident annual deer tag to hunt deer, [$190] $175.
(f) Resident annual black bear tag to hunt black bear, $10.
(g) Nonresident annual black bear tag to hunt black bear, $150.
(h) Resident annual mountain sheep tag to hunt mountain sheep,
$90.
(i) Nonresident annual mountain sheep tag to hunt mountain
sheep, $975.
(j) Resident annual mountain goat tag to hunt mountain goat,
$90.
(k) Nonresident annual mountain goat tag to hunt mountain goat,
$975.
(L) Resident annual cougar tag to hunt cougar, $10.
(m) Nonresident annual cougar tag to hunt cougar, [$150] $225.
(n) Resident annual antelope tag to hunt antelope, $25.
(o) Nonresident annual antelope tag to hunt antelope, $200.
(p) Resident annual turkey tag to hunt turkeys, $10.
(q) Nonresident annual turkey tag to hunt turkeys, $40.
(2)(a) Notwithstanding ORS 496.146 (10), the commission is
authorized to issue each year one special mountain sheep tag to hunt mountain
sheep. The tag shall be auctioned to the highest bidder in a manner prescribed
by the commission.
(b) In addition to the tag referred to in paragraph (a) of this
subsection, the commission is authorized to issue each year one special
mountain sheep tag to hunt mountain sheep that is raffled in a manner
prescribed by the commission.
(c) 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 shall not be authorized to take
the game animal by any other means than the tag so indorsed.
(5) A person is not eligible to obtain, in a lifetime, more
than one tag issued by the commission to hunt a mountain sheep ram and one tag
issued by the commission to hunt mountain goat.
(6) 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 shall 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 shall not be
less than five percent nor more than 10 percent of all mountain sheep tags
issued.
(7) 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 shall 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 shall be decided by the commission, but
the number shall not be more than three percent of all tags issued the previous
year for hunting in a particular area.
(8) 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 shall 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.
SECTION 16.
ORS 497.121, as amended by section 5, chapter 25, Oregon Laws 1999 (Enrolled
House Bill 2099), and section 6 of this 1999 Act, is amended to read:
497.121. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to persons desiring to angle for fish
the following licenses and tags and shall charge therefor the following fees:
(a) Resident annual angling license, [$16] $14.25.
(b) Nonresident annual angling license, [$41.75] $34.25.
(c) Nonresident angling license to angle for seven consecutive
days, [$30.50] $26.75.
(d) Angling license to angle for one day, [$5.25] $4.50.
(e) Resident annual juvenile angling license for persons 14
through 17 years of age, $4.
(f) Resident pioneer angling license 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, [free] $1.
(g) Resident [annual]
senior citizen angling license 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, [one-half the fee imposed
under paragraph (a) of this subsection for a resident annual angling license] free.
(h) Resident disabled war veteran angling license 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 by any branch of the Armed Forces of the United States
shows the person to be at least 25 percent disabled, free.
(i) Annual tag to angle for salmon, steelhead trout, sturgeon
and halibut, $15.
(j) Annual tag for persons under 18 years of age to angle for
salmon, steelhead trout, sturgeon and halibut, $5.
(2) Any person who holds a valid permanent angling license for
blind persons or a permanent angling license for persons in a wheelchair issued
by the commission before January 1, 2000, need not obtain a resident annual
angling license under this section.
(3) The annual tags to angle for salmon, steelhead trout,
sturgeon and halibut referred to in subsection (1)(i) and (j) of this section
are in addition to and not in lieu of the angling licenses required by the
wildlife laws. However, an annual tag to angle for salmon, steelhead trout,
sturgeon and halibut is not required of a person who holds a valid angling
license referred to in subsection (1)(c) or (d) of this section.
SECTION 17.
ORS 497.132, as amended by section 7 of this 1999 Act, is amended to read:
497.132. (1) In lieu of issuing to resident persons separate
licenses for angling and hunting, the State Fish and Wildlife Commission is
authorized to issue resident annual combination angling and hunting licenses, and
charge therefor a fee of [$28] $24.25.
(2)(a) In lieu of issuing to resident persons separate licenses
and tags for various hunting and angling activities, the commission is
authorized to issue resident annual sportsman's licenses and shall charge
therefor a fee of $100. The purchaser of each such license is authorized to
engage in those hunting and angling activities for which the following licenses
and tags are required:
(A) Combination license;
(B) Black bear tag;
(C) Cougar tag;
(D) General season elk tag;
(E) General season deer tag;
(F) Upland bird stamp;
(G) Oregon migratory waterfowl stamp;
(H) Turkey tag; and
(I) Annual tag to angle for salmon, steelhead trout, sturgeon
and halibut.
(b) The holder of each sportsman's license who wishes to engage
in hunting or angling activities for which permits are required that are
limited by quota must participate in the process for allocation of the permits
in the same manner as all other permit applicants. However, if the holder of a
sportsman's license is unsuccessful in obtaining a permit limited by quota for
a particular activity, the holder will be issued a tag valid for any general
season for that species.
(c) Notwithstanding any other provision of the wildlife laws,
of the moneys received from the sale of sportsman's licenses:
(A) Two dollars from each such license shall be credited to the
subaccount referred to in ORS 496.242.
(B) [Two] Five dollars from each such license
shall be credited to the subaccount referred to in section 10, chapter 512,
Oregon Laws 1989.
(C) Twenty-five cents from each such license shall be credited
to the subaccount referred to in ORS 496.300 (5).
SECTION 18.
ORS 497.151, as amended by section 9 of this 1999 Act, is amended to read:
497.151. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to resident persons desiring to hunt
migratory waterfowl an annual migratory waterfowl stamp and shall charge
therefor a fee of [$7.50] $5.
(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 migratory
waterfowl stamp is not required of a person younger than 14 years of age.
(4) ORS 497.016 to 497.026 and 497.036 apply to the stamp
referred to in subsection (1) of this section.
(5) Nothing in this section is intended to prevent nonresident
persons from purchasing resident migratory waterfowl stamps for stamp
collecting or other purposes. However, possession of a resident migratory
waterfowl stamp does not authorize a nonresident to hunt migratory waterfowl.
SECTION 19.
ORS 497.156, as amended by section 10 of this 1999 Act, 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 [$30] $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 person younger than 14 years of age.
(4) ORS 497.016 to 497.026 and 497.036 apply to the stamp
referred to in subsection (1) of this section.
SECTION 20. The State Department of Fish and Wildlife
may take any action before the operative date of sections 1 to 12 of this 1999
Act that is necessary to enable the State Department of Fish and Wildlife to
implement the amendments to ORS 496.300, 497.022, 497.075, 497.102, 497.112,
497.121, 497.132, 497.134, 497.151 and 497.156 and section 4, chapter 512,
Oregon Laws 1989, and section 19, chapter 659, Oregon Laws 1993, by sections 1
to 12 of this 1999 Act on the operative date of sections 1 to 12 of this 1999
Act.
SECTION 21. The amendments to ORS 496.300, 497.022,
497.075, 497.102, 497.112, 497.121, 497.132, 497.134, 497.151 and 497.156 and
section 4, chapter 512, Oregon Laws 1989, and section 19, chapter 659, Oregon
Laws 1993, by sections 1 to 12 of this 1999 Act become operative January 1,
2000.
SECTION 22. The amendments to section 4, chapter 512,
Oregon Laws 1989, by section 11 of this 1999 Act apply only to surcharges on
licenses issued on and after January 1, 2000.
SECTION 23. The amendments to ORS 497.022, 497.102,
497.112, 497.121, 497.132, 497.151 and 497.156 by sections 13 to 19 of this
1999 Act become operative January 1, 2002.
Approved by the Governor
August 20, 1999
Filed in the office of the
Secretary of State August 23, 1999
Effective date October 23,
1999
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