69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2576
House Bill 2499
Sponsored by Representative SOWA; Representatives MARKHAM, WELSH
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Extends surcharges on certain hunting and angling licenses for
certain wildlife programs. Revises conditions and reports for
wildlife access and habitat program. Reduces charge for resident
cougar tag.
A BILL FOR AN ACT
Relating to wildlife; amending ORS 496.232 and 497.112 and
section 19, chapter 659, Oregon Laws 1993.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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,
{ - 1997 - } { + 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 2. ORS 496.232 is amended to read:
496.232. (1) The Access and Habitat Board shall meet, adopt and
recommend to the { + State Fish and Wildlife + } Commission,
within 120 days after November 4, 1993, and at not more than
120-day intervals thereafter, access and habitat programs.
(2) The commission shall review such programs and may approve
or disapprove the program recommendation by the board. Funds may
be expended from the subaccount referred to in ORS 496.242 for
projects that have been approved by the commission. { + The
commission shall require the grant recipient to furnish a written
statement that the project requirements for access are being
complied with and to furnish a list of hunter names and license
numbers where specific access requirements have been part of the
grant agreement. In projects where access is granted to the
general public and access is being monitored, the grant recipient
shall furnish a report setting forth the number of individual
hunter days furnished.
(3) The commission shall consider the adverse impact on senior
citizens, disabled individuals and other users that will result
from closing roads to vehicular access. Such considerations and
the outcome shall become part of the public record of the
proceedings on each proposal. + }
{ - (3) - } { + (4) + } The { + State + } Department
{ + of Fish and Wildlife + } and the board jointly shall submit
to each biennial session of the Legislative Assembly a report on
expenditure of funds for the access and habitat programs and on
the status of various projects.
{ - On or about July 1, 1995, the board and the department
shall make another such report to the Legislative Assembly or to
the Emergency Board if the Legislative Assembly is not then in
session. - } { + The report shall include:
(a) The amount of funds expended on hunter access.
(b) The amount of funds expended on habitat.
(c) The amount of land, in acres, opened to hunter access.
(d) The actual number of hunters utilizing projects providing
access.
(e) The number of hunter days afield resulting from access
expenditures.
(f) The number and identification of projects in which
noncompliance with grant terms resulted. + }
{ - (4) - } { + (5) + } In recommending access and habitat
programs, the board shall:
(a) Recommend a mix of projects that provides a balance between
access and habitat benefits { + and that provides that a minimum
of one-half of total expenditures on all projects be dedicated to
fund projects providing access + }.
(b) Recommend projects that are to be implemented by volunteers
under volunteer coordinators and nonprofit organizations engaged
in approved access and habitat activities.
(c) Recommend programs that recognize and encourage the
contributions of landowners to wildlife and programs that
minimize the economic loss to those landowners.
(d) Encourage agreements with landowners who request damage
control hunts to insure public access to those hunts.
(e) Encourage projects that result in obtaining matching funds
from other sources { + for hunter access and habitat
activities + }.
{ - (5) - } { + (6) + } All moneys made available for the
access and habitat programs from surcharges received under
section 19, chapter 659, Oregon Laws 1993, and from gifts and
grants made to carry out the access and habitat programs may be
expended only if the board so recommends and the commission so
approves. Such amounts may be expended:
(a) On programs that benefit wildlife by improving habitat.
These programs shall be in coordination with the Wildlife
Division and shall be in addition to programs provided by federal
funds. These programs may:
(A) Be on private lands.
(B) Provide seed and fertilizer to offset forage consumed by
wildlife and for other programs that enhance forage.
(C) Be adjacent to agricultural and forest land to attract
animals from those crops.
(b) On programs that promote access to public and private lands
through contracting for various levels of management of these
lands. These management programs may include:
(A) Creating hunting lease programs that provide access at
present levels or stimulate new access.
(B) Controlling access.
(C) Opening { + or expanding + } vehicle access.
(D) Promoting land exchanges.
(E) Promoting proper hunting behavior.
(c) On programs that would provide for wildlife feeding to
alleviate damage, to intercept wildlife before they become
involved in a damage situation and for practical food replacement
in severe winters.
(d) On programs to coordinate volunteers to improve habitat,
repair damage to fences or roads by wildlife or recreationists,
monitor orderly hunter utilization of public and private lands
and assist the Oregon State Police in law enforcement activities.
(e) On programs that provide for auction or raffle of tags to
provide incentives for habitat or access.
{ - (6) - } { + (7) + } The board may accept, from whatever
source, gifts or grants for the purposes of access and habitat.
All moneys so accepted shall be deposited in the subaccount
referred to in ORS 496.242. Unless otherwise required by the
terms of a gift or grant, gifts or grants shall be expended as
provided in subsection
{ - (5) - } { + (6) + } of this section.
SECTION 3. 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.
(b) Nonresident annual elk tag to hunt elk, $290.
(c) Special annual elk tag for holders of pioneer or disabled
veteran hunting licenses to hunt elk, $2.50.
(d) Resident annual deer tag to hunt deer, $10.
(e) Nonresident annual deer tag to hunt deer, $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, { - $50 - }
{ + $10 + }.
(m) Nonresident annual cougar tag to hunt cougar, $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. { + The
proposal also must include a requirement that the grant recipient
complete in writing a statement that the provisions of the
agreement have been met and a statement setting forth the number
of hunter access days actually provided together with the hunting
license numbers of persons granted access. + }
(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.
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