Bill Text: OR HB3441 | 2013 | Regular Session | Enrolled
Bill Title: Relating to the hatchery research center near Alsea; and declaring an emergency.
Spectrum: Slight Partisan Bill (Republican 34-17)
Status: (Passed) 2013-07-25 - Chapter 664, (2013 Laws): Effective date July 25, 2013. [HB3441 Detail]
Download: Oregon-2013-HB3441-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 3441
Sponsored by Representative KRIEGER, Senator ROBLAN,
Representative WITT; Representatives BARKER, BARTON, BENTZ,
BERGER, BOONE, CAMERON, CLEM, CONGER, ESQUIVEL, FREEMAN,
GARRETT, GILLIAM, GOMBERG, HANNA, HICKS, HOLVEY, HOYLE,
HUFFMAN, JENSON, JOHNSON, KENNEMER, MATTHEWS, MCKEOWN, MCLANE,
OLSON, PARRISH, RICHARDSON, SMITH, SPRENGER, THOMPSON, UNGER,
WEIDNER, WHISNANT, WHITSETT, WILLIAMSON, Senators BAERTSCHIGER
JR, BOQUIST, BURDICK, GEORGE, GIROD, HANSELL, JOHNSON, KRUSE,
OLSEN, PROZANSKI, STARR, THOMSEN, WHITSETT
CHAPTER ................
AN ACT
Relating to the hatchery research center near Alsea; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
OREGON HATCHERY RESEARCH CENTER BOARD + }
SECTION 1. { + Establishment of Oregon Hatchery Research
Center Board. (1) There is established the Oregon Hatchery
Research Center Board within the State Department of Fish and
Wildlife. The board shall consist of 15 members, including 12
voting members appointed by the State Fish and Wildlife Director
under subsection (2) of this section and three nonvoting members
specified in subsection (3) of this section. Members of the board
must be residents of this state who are well informed on matters
related to fish management policy and scientific research and who
demonstrate an interest in research related to the propagation of
fish in hatcheries.
(2) The 12 voting members appointed by the director shall be
representative of each of the following interests:
(a) One member shall represent the Oregon Salmon Commission
established under ORS 576.062.
(b) One member shall represent the Columbia River gillnet
salmon fishery established under ORS 508.775 to 508.796.
(c) Two members shall represent wild fish advocacy
organizations.
(d) Two members shall represent statewide sport angling
organizations.
(e) One member shall represent the agricultural industry.
(f) One member shall represent coastal ports.
(g) One member shall represent the forest products industry.
(h) One member shall represent the independent scientific
community and have scientific background related to fish
management and the propagation of fish in hatcheries.
Enrolled House Bill 3441 (HB 3441-C) Page 1
(i) One member shall represent fish habitat restoration
interests and have experience in the management or implementation
of habitat restoration projects.
(j) One member shall represent Oregon Indian tribes, to be
appointed by the director after consultation with the Commission
on Indian Services.
(3) In addition to the members appointed under subsection (2)
of this section, the director shall:
(a) Appoint the following two nonvoting members of the board
who have a background in fish management and the propagation of
fish in hatcheries:
(A) One member to represent the State Department of Fish and
Wildlife.
(B) One member to represent Oregon State University.
(b) Invite a representative of agencies of the federal
government related to fish management to serve as a nonvoting
member of the board.
(4) The term of office of each member is four years, but a
member serves at the pleasure of the director. Before the
expiration of the term of a member, the director shall appoint a
successor whose term begins on July 1 next following. A member is
eligible for reappointment. If there is a vacancy for any cause,
the director shall make an appointment to become immediately
effective for the unexpired term.
(5) A member of the board is not entitled to compensation under
ORS 292.495. At the discretion of the board, board members may be
reimbursed from funds available to the board for actual and
necessary travel and other expenses incurred by members of the
board in the performance of their official duties, subject to the
limits described in ORS 292.495. + }
SECTION 2. { + Initial terms of office. (1) Notwithstanding
the term of office specified in section 1 of this 2013 Act, of
the members first appointed to the Oregon Hatchery Research
Center Board pursuant to section 1 (2) of this 2013 Act:
(a) Four shall serve for a term ending July 1, 2015.
(b) Four shall serve for a term ending July 1, 2016.
(c) Four shall serve for a term ending July 1, 2017.
(2) The State Fish and Wildlife Director shall designate the
positions of members first appointed to the Oregon Hatchery
Research Center Board who are subject to the terms of office
described in subsection (1) of this section. + }
SECTION 3. { + Duties of Oregon Hatchery Research Center
Board. The Oregon Hatchery Research Center Board shall report to
the Director of the Oregon Hatchery Research Center and shall:
(1) Establish strategic directions and operational objectives
for the Oregon Hatchery Research Center located on Fall Creek,
near Alsea, consistent with ORS 496.275.
(2) Develop, after consultation with the Director of the Oregon
Hatchery Research Center, Oregon State University and the State
Department of Fish and Wildlife, the proposed operating budget
for the center.
(3) Recommend research projects for the Oregon Hatchery
Research Center and issue requests for research proposals as
needed to carry out the activities of the Oregon Hatchery
Research Center specified in section 5 of this 2013 Act.
(4) Review and prioritize all research proposals submitted to
the Oregon Hatchery Research Center before research takes place
and prioritize the research according to whether the research is
consistent with the strategic directions and operational
objectives specified in subsection (1) of this section and with
Enrolled House Bill 3441 (HB 3441-C) Page 2
the activities of the Oregon Hatchery Research Center specified
in section 5 of this 2013 Act.
(5) Make recommendations, as needed, regarding how the research
projects at the Oregon Hatchery Research Center may be enhanced
to meet the strategic directions and operational objectives
specified in subsection (1) of this section and the activities
specified in section 5 of this 2013 Act.
(6) On or before February 1 of each calendar year, report to
the Legislative Assembly in the manner required by ORS 192.245,
and to the State Fish and Wildlife Director and the State Fish
and Wildlife Commission, regarding the findings of research
projects carried out by the Oregon Hatchery Research Center and
any recommendations regarding current hatchery management
practices based on the research projects. The Director of the
Oregon Hatchery Research Center shall post the report on the
center's website for public access. + }
SECTION 4. { + Officers, quorum and meetings. (1) The Oregon
Hatchery Research Center Board shall select one of its members as
chairperson and another as vice chairperson, for such terms and
with duties and powers necessary for the performance of the
functions of such offices as the board determines.
(2) A majority of the voting members of the board constitutes a
quorum for the transaction of business.
(3) The board shall meet at least once every three months at a
place, day and hour determined by the board. The board may also
meet at other times and places specified by the call of the
chairperson or of a majority of the members of the board. + }
{ +
OREGON HATCHERY RESEARCH CENTER + }
SECTION 5. { + (1) The hatchery research center located on
Fall Creek, near Alsea, is named the Oregon Hatchery Research
Center.
(2) Pursuant to the strategic directions and operation
objectives established by the Oregon Hatchery Research Center
Board under section 3 of this 2013 Act, the center shall carry
out the following activities:
(a) Conduct research that assists in the implementation and
advancement of native fish population recovery as well as viable
fisheries.
(b) Conduct research on methods to minimize the genetic and
ecological risks to naturally produced native fish when hatchery
produced fish are released in the waters of this state for
population recovery or consumptive fishery objectives.
(c) Conduct research to determine the genetic and ecological
risk to naturally produced native fish when wild native
broodstock hatchery produced native fish are released into the
waters of this state.
(d) Conduct research to determine the effect of hatchery
operations on naturally produced native fish and the habitat of
naturally produced native fish.
(e) Provide educational and research opportunities for
undergraduate students, graduate students and post-graduate
students.
(f) Provide educational opportunities for the public and for
students in grades 1 through 12.
(g) Consider any recommendations made by the Oregon Hatchery
Research Center Board pursuant to section 3 of this 2013 Act.
Enrolled House Bill 3441 (HB 3441-C) Page 3
(3) The Director of the Oregon Hatchery Research Center shall
post information about the research specified in subsection (2)
of this section on the center's website for public access.
(4) As used in this section, 'waters of this state' has the
meaning given that term in ORS 196.800. + }
SECTION 6. { + Director. The State Fish and Wildlife
Director, after consultation with the chairperson of a department
related to fish and wildlife at Oregon State University and the
Oregon Hatchery Research Center Board established under section 1
of this 2013 Act, shall appoint a Director of the Oregon Hatchery
Research Center. + }
{ +
MISCELLANEOUS + }
SECTION 7. { + (1) Subject to subsection (2) of this section,
no later than January 1, 2014, and in order to carry out the
activities of the Oregon Hatchery Research Center specified in
section 5 of this 2013 Act, the State Department of Fish and
Wildlife shall, after consultation with the Oregon Hatchery
Research Center Board established under section 1 of this 2013
Act, renegotiate any agreement entered into between the State
Board of Higher Education and the State Department of Fish and
Wildlife related to the Oregon Hatchery Research Center.
(2) Any agreement entered into between the State Board of
Higher Education and the State Department of Fish and Wildlife
related to advisory committees for the Oregon Hatchery Research
Center is terminated on the effective date of this 2013 Act and
any advisory committees cease to exist. + }
SECTION 8. { + The State Fish and Wildlife Director shall make
the appointments, and extend the invitation, specified in section
1 of this 2013 Act related to members of the Oregon Hatchery
Research Center Board no later than January 1, 2014. + }
SECTION 9. { + The unit and section captions used in this 2013
Act are provided only for the convenience of the reader and do
not become part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 10. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
----------
Enrolled House Bill 3441 (HB 3441-C) Page 4
Passed by House April 18, 2013
Repassed by House July 1, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate June 29, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3441 (HB 3441-C) Page 5
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3441 (HB 3441-C) Page 6
