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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