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 2290

                         House Bill 2849

Sponsored by Representative BECK (at the request of William H.
  Oberteuffer)


                             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.

  Requires State Board of Forestry to adopt timber harvest
methods to provide for productivity of forest and enhance other
natural resource values. Prohibits timber harvest in conflict
with methods adopted by board.

                        A BILL FOR AN ACT
Relating to restrictions on timber harvest methods.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this Act are added to and
made a part of ORS 527.610 to 527.770. + }
  SECTION 2.  { + (1) The Legislative Assembly finds that timber
harvest methods should be developed that will safeguard the
long-term productivity of the forest, maintain clean water,
support viable populations of fish and wildlife, provide for
biological diversity, protect economic opportunities available to
forest-dependent communities and maximize the labor and skills of
the forest products workforce.
  (2) Not later than January 1, 1998, the State Board of Forestry
shall prescribe a list of authorized timber harvest practices
that:
  (a) Do not involve prohibited harvest methods.
  (b) Maintain or maximize the development of sufficient numbers
of large, live trees, standing dead trees and large, downed logs
to provide habitat for species dependent upon the structural and
compositional diversity such stands provide, on at least 50
percent of each harvest unit.
  (c) Maximize the potential for natural regeneration of native
tree species.
  (d) Encourage the use of highly skilled forest management staff
in planning, implementing and monitoring forest operations.
  (3)(a) On and after the effective date of this 1997 Act, no
land owner, timber owner or operator shall engage in prohibited
harvest methods except:
  (A) In the context of forest management operations necessary to
control forest insect and disease epidemics; or
  (B) With the written approval of the State Forestry Department,
to stimulate landscape health or natural regeneration in small
openings not to exceed two acres in size.
  (b) After authorized timber harvest methods have been
prescribed by the board pursuant to this section, no land owner,
timber owner or operator shall engage in timber harvest that is
inconsistent with those methods.
  (4)(a) As used in this section, 'prohibited harvest method '
means:
  (A) In land west of the summit of the Cascade Mountain Range,
any timber harvest that leaves on any acre of the harvest unit
fewer than 50 square feet of basal area.
  (B) In land east of the summit of the Cascade Mountain Range,
any timber harvest that leaves on any acre of the harvest unit
fewer than 40 square feet of basal area.
  (b) For the purpose of this subsection, no tree shall be
counted unless the top one-third of the bole of the tree supports
a green, live crown, regardless of the number of times entry is
made upon the land for timber harvest purposes. + }
  SECTION 3.  { + Any person may bring an action to enforce the
provisions of section 2 of this 1997 Act. Any such action must be
commenced in circuit court. If the defendant is found to have
violated section 2 of this 1997 Act, the court may award
injunctive relief and punitive damages. Punitive damages imposed
under this section shall be awarded by the court to the
plaintiff.  In addition, the court shall award to a prevailing
plaintiff in an action under this section reasonable attorney
fees and expenses of bringing the action. A plaintiff that does
not prevail in an action under this section shall not be liable
for attorney fees, damages or other penalties unless the court
rules that the action was frivolous. + }
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