Chapter 25 Oregon Laws 1999

Session Law

AN ACT

HB 2099

Relating to wildlife licenses for persons with disabilities; creating new provisions; and amending ORS 496.004, 496.146, 497.121, 497.124, 497.134 and 498.136.

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

SECTION 1. Section 2 of this 1999 Act is added to and made a part of ORS chapter 496.

SECTION 2. In order to be considered a person with a disability under the wildlife laws, a person shall provide written certification from a licensed physician that states that the person:

(1) Is permanently unable to walk without the use of, or assistance from, a brace, cane, crutch, prosthetic device, wheelchair, scooter or walker;

(2) Is restricted by lung disease to the extent that the person's forced expiratory volume for one second, when measured by a spirometer, is less than 35 percent predicted, or arterial oxygen tension is less than 55 mm/Hg on room air at rest;

(3) Has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV, according to standards established by the American Heart Association;

(4) Has a permanent, physical impairment that prevents the person from holding or shooting a firearm or bow or from holding a fishing rod in hand; or

(5) Has central visual acuity that permanently does not exceed 20/200 in the better eye with corrective lenses, or the widest diameter of the visual field is no greater than 20 degrees.

SECTION 3. ORS 496.004 is amended to read:

496.004. As used in the wildlife laws, unless the context requires otherwise:

(1) "Angle" means to take or attempt to take a fish for personal use by means involving hook and line.

(2) "Commission" means the State Fish and Wildlife Commission created by ORS 496.090.

(3) "Compatible" means capable of existing in harmony so as to minimize conflict.

(4) "Department" means the State Department of Fish and Wildlife created by ORS 496.080.

(5) "Director" means the State Fish and Wildlife Director appointed pursuant to ORS 496.112.

(6) "Endangered species" means:

(a) Any native wildlife species determined by the commission to be in danger of extinction throughout any significant portion of its range within this state.

(b) Any native wildlife species listed as an endangered species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended.

(7) "Fund" means the State Wildlife Fund created by ORS 496.300.

(8) "Fur-bearing mammal" means beaver, bobcat, fisher, marten, mink, muskrat, otter, raccoon, red fox and gray fox.

(9) "Game mammal" means antelope, black bear, cougar, deer, elk, moose, mountain goat, mountain sheep and silver gray squirrel.

(10) "Hunt" means to take or attempt to take any wildlife by means involving the use of a weapon or with the assistance of any mammal or bird.

(11) "Manage" means to protect, preserve, propagate, promote, utilize and control wildlife.

(12) "Optimum level" means wildlife population levels that provide self-sustaining species as well as taking, nonconsumptive and recreational opportunities.

(13) "Person with a disability" means a person who complies with the requirement of section 2 of this 1999 Act.

[(13)] (14) "Species" means any species or subspecies of wildlife.

[(14)] (15) "Take" means to kill or obtain possession or control of any wildlife.

[(15)] (16) "Threatened species" means:

(a) Any native wildlife species the commission determines is likely to become an endangered species within the foreseeable future throughout any significant portion of its range within this state.

(b) Any native wildlife species listed as a threatened species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended.

[(16)] (17) "Trap" means to take or attempt to take any wildlife by means involving the use of a trap, net, snare or other device used for the purpose of capture.

[(17)] (18) "Wildlife" means fish, wild birds, amphibians, reptiles and wild mammals.

SECTION 4. ORS 496.146 is amended to read:

496.146. In addition to any other duties or powers provided by law, the State Fish and Wildlife Commission:

(1) May accept, from whatever source, appropriations, gifts or grants of money or other property for the purposes of wildlife management, and use such money or property for wildlife management purposes.

(2) May sell or exchange property owned by the state and used for wildlife management purposes when the commission determines that such sale or exchange would be advantageous to the state wildlife policy and management programs.

(3) May acquire, introduce, propagate and stock wildlife species in such manner as the commission determines will carry out the state wildlife policy and management programs.

(4) May by rule authorize the issuance of such licenses, tags and permits for angling, hunting and trapping and may prescribe such tagging and sealing procedures as the commission determines necessary to carry out the provisions of the wildlife laws or to obtain information for use in wildlife management. Permits issued pursuant to this subsection may include special hunting permits for a person and immediate family members of the person to hunt on land owned by that person in areas where permits for deer or elk are limited by quota. As used in this subsection, "immediate family members" means husband, wife, father, mother, brothers, sisters, sons, daughters, stepchildren and grandchildren. A landowner who is qualified to receive landowner preference tags from the commission may request two additional tags for providing public access and two additional tags for wildlife habitat programs. This request shall be made to the Access and Habitat Board with supporting evidence that the access is significant and the habitat programs benefit wildlife. The board may recommend that the commission grant the request. When a landowner is qualified under landowner preference rules adopted by the commission and receives a controlled hunt tag for that unit or a landowner preference tag for the landowner's property and does not use the tag during the regular season, the landowner may use that tag to take an antlerless animal, when approved by the State Department of Fish and Wildlife, to alleviate damage that is presently occurring to the landowner's property.

(5) May by rule prescribe procedures requiring the holder of any license, tag or permit issued pursuant to the wildlife laws to keep records and make reports concerning the time, manner and place of taking wildlife, the quantities taken and such other information as the commission determines necessary for proper enforcement of the wildlife laws or to obtain information for use in wildlife management.

(6) May establish special hunting and angling areas or seasons in which only persons less than 18 years of age or over 65 years of age are permitted to hunt or angle.

(7) May acquire by purchase, lease, agreement or gift real property and all appropriate interests therein for wildlife management and wildlife-oriented recreation purposes.

(8) May acquire by purchase, lease, agreement, gift, exercise of eminent domain or otherwise real property and all interests therein and establish, operate and maintain thereon public hunting areas.

(9) May establish and develop wildlife refuge and management areas and prescribe rules governing the use of such areas and the use of wildlife refuge and management areas established and developed pursuant to any other provision of law.

(10) May by rule prescribe fees for licenses, tags, permits and applications issued or required pursuant to the wildlife laws, and user charges for angling, hunting or other recreational uses of lands owned or managed by the commission, unless such fees or user charges are otherwise prescribed by law. Except for licenses issued pursuant to subsection (14) of this section, no fee or user charge prescribed by the commission pursuant to this subsection shall exceed $100.

(11) May enter into contracts with any person or governmental agency for the development and encouragement of wildlife research and management programs and projects.

(12) May perform such acts as may be necessary for the establishment and implementation of cooperative wildlife management programs with agencies of the Federal Government.

(13) May offer and pay rewards for the arrest and conviction of any person who has violated any of the wildlife laws. No such reward shall exceed $100 for any one arrest and conviction.

(14) May by rule prescribe fees for falconry licenses issued pursuant to the wildlife laws, unless such fees are otherwise prescribed by law. Fees prescribed by the commission pursuant to this subsection shall be based on actual or projected costs of administering falconry regulations and shall not exceed $250.

(15) May establish special fishing and hunting seasons and bag limits applicable only to [those persons who are permanently unable to be mobile without the assistance of a wheelchair] persons with disabilities.

(16) May adopt optimum populations for deer and elk consistent with ORS 496.012. These population levels shall be reviewed at least once every five years.

(17) Shall establish a preference system so that individuals who are unsuccessful in controlled hunt permit drawings for deer and elk hunting have reasonable assurance of success in those drawings in subsequent years.

SECTION 5. ORS 497.121 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.

(b) Nonresident annual angling license, $34.25.

(d) Angling license to angle for one day, $4.50.

[(e) Angling license for blind persons, free.]

[(f)] (e) Resident annual juvenile angling license for persons 14 through 17 years of age, $4.

[(g)] (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.

[(h)] (g) Resident 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.

[(i)] (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.

[(j) Resident disabled person angling license for persons who have resided in this state for not less than one year immediately prior to the date of application and who files with the commission a certificate by a licensed physician to the commission that the applicant has the required permanent disability, $5.]

[(k)] (i) Annual salmon-steelhead tag to angle for salmon or steelhead trout, $9.50.

[(L)] (j) Annual sturgeon tag to angle for sturgeon, $5.

[(m)] (k) Annual halibut tag to angle for 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.

[(2)] (3) The salmon-steelhead tag, sturgeon tag and halibut tag referred to in subsection [(1)(k) to (m)] (1)(i) to (k) 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 is not required of a person who holds a valid angling license referred to in subsection (1)(c) or (d) of this section.

[(3)] (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.

[(4) As used in subsection (1)(j) of this section, "disabled person" means a person who is permanently unable to be mobile without the assistance of a wheelchair.]

SECTION 6. ORS 497.124 is amended to read:

497.124. 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 a surcharge of 25 cents for each of the following licenses:

(1) Resident combination license issued under ORS 497.132.

(2) Resident annual angling license issued under ORS 497.121 (1)(a).

(3) Resident annual juvenile angling license issued under ORS 497.121 [(1)(f)] (1)(e).

(4) Angling license to angle for one day issued under ORS 497.121 (1)(d).

(5) Nonresident annual angling license issued under ORS 497.121 (1)(b).

(6) Nonresident angling license to angle for seven consecutive days issued under ORS 497.121 (1)(c).

SECTION 7. ORS 497.134 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 [(k)] (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 8. ORS 498.136 is amended to read:

498.136. (1) Except as provided in subsection (2) of this section, no person shall hunt wildlife from a motor-propelled vehicle.

(2) The State Fish and Wildlife Commission, by rule, may authorize hunting from a motor-propelled vehicle by a person [who is permanently disabled from walking] with a disability or for the purpose of alleviating damage by wildlife to other resources.

(3) Nothing in the wildlife laws, or rules adopted pursuant thereto, is intended to prohibit the able-bodied companion of a person [permanently disabled from walking] with a disability who is lawfully hunting from a motor-propelled vehicle from killing an animal wounded by the disabled person and applying thereto the tag issued to such disabled person for the taking of such an animal, even if that able-bodied person has already validated any tag required for the taking of such an animal.

[(4) As used in this section, a person is "permanently disabled from walking" if that person is permanently unable to be mobile without the assistance of a wheelchair.]

SECTION 9. (1) Except as provided in subsection (2) of this section, this 1999 Act does not become operative until January 1, 2000.

(2) The State Fish and Wildlife Commission and the State Department of Fish and Wildlife may take any action before the operative date of this 1999 Act that is necessary to implement, on and after the operative date of this 1999 Act, the changes to the wildlife laws as set forth in this 1999 Act.

Approved by the Governor April 16, 1999

Filed in the office of Secretary of State April 19, 1999

Effective date October 23, 1999

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