Bill Text: OR SB510 | 2013 | Regular Session | Introduced
Bill Title: Relating to enforcement of the wildlife laws.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB510 Detail]
Download: Oregon-2013-SB510-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2872
Senate Bill 510
Sponsored by Senator FERRIOLI (at the request of Richard Murray)
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.
Transfers duties of wildlife law enforcement from Department of
State Police to county sheriffs.
A BILL FOR AN ACT
Relating to enforcement of the wildlife laws; amending ORS
153.111, 496.232, 496.303, 496.610, 496.615, 497.136 and
497.360.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 496.610 is amended to read:
496.610. (1) { - The Department of State Police - }
{ + Each county sheriff in this state + } shall employ a
sufficient number of { - state police - } { + officers + } to
enforce the wildlife laws.
(2) The services and expenses of { - the Department of State
Police - } { + county sheriffs + } incurred in the enforcement
of the wildlife laws shall be paid from the State Wildlife Fund.
(3) { - The Superintendent of State Police - } { + County
sheriffs + } may appoint special enforcement officers authorized
to enforce the wildlife laws. Individuals so appointed must be
special agents of the United States Fish and Wildlife Service or
the National Marine Fisheries Service, and shall serve at the
pleasure of the
{ - superintendent - } { + appointing county sheriff + }
without additional compensation. Each such special enforcement
officer shall have all powers and authority of a peace officer of
this state in serving warrants, subpoenas and other legal process
in enforcement of the wildlife laws.
SECTION 2. ORS 496.615 is amended to read:
496.615. The State Fish and Wildlife Commission, with the
approval of the Governor { - and Superintendent of State
Police - } , may employ such persons as they deem necessary or
expedient for the enforcement of the wildlife laws. The services
and expenses of these persons are payable out of the State
Wildlife Fund. It is the intention of this section and ORS
496.610 that the commission employ only such persons as agreed
upon between the commission { - , - } { + and + } the Governor
{ - and the Superintendent of State Police - } , and that the
duties of wildlife law enforcement, so far as is economical and
practicable, be performed by { - the Department of State
Police - } { + county sheriffs + }.
SECTION 3. ORS 153.111 is amended to read:
153.111. (1) Upon entry of a conviction for a traffic offense,
the court shall forward to the Department of Transportation an
abstract of conviction in the manner required by ORS 810.375, and
a copy of the judgment, if required, under the provisions of ORS
810.375.
(2) Upon entry of a conviction for violation of any provision
of the { - wildlife laws or - } commercial fishing laws, or
any rule promulgated pursuant to those laws, the court that
enters the judgment of conviction shall forward to the Department
of State Police an abstract of conviction.
(3) Upon entry of a conviction for a compulsory school
attendance violation under ORS 339.925, the court shall forward
to the Department of Education an abstract of conviction.
(4) Upon entry of a conviction for violation of a weights and
measures law subject to penalty under ORS 618.991, the court
shall forward to the State Department of Agriculture an abstract
of conviction.
(5) Upon entry of a conviction of a boating offense, as defined
in ORS 830.005, the court shall forward to the State Marine Board
an abstract of conviction.
(6) A court may destroy any abstract not required to be
forwarded to an agency under the provisions of this section.
SECTION 4. 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.
(3) The State Department of Fish and Wildlife and the board
jointly shall submit to each odd-numbered year regular session of
the Legislative Assembly a report on expenditure of funds for the
access and habitat programs and on the status of various
projects.
(4) In recommending access and habitat programs, the board
shall:
(a) Recommend a mix of projects that provides a balance between
access and habitat benefits.
(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 ensure public access to those hunts.
(e) Encourage projects that result in obtaining matching funds
from other sources.
(5) 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:
(A) Through contracting for various levels of management of
these lands. These management programs may include:
(i) Creating hunting lease programs that provide access at
present levels or stimulate new access.
(ii) Controlling access.
(iii) Opening vehicle access.
(iv) Promoting land exchanges.
(v) Promoting proper hunting behavior.
(B) Through the acquisition of easements.
(c) On programs that would provide for wildlife feeding to
alleviate damage, to intercept wildlife before wildlife becomes
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 - } { + county
sheriffs + } in law enforcement activities { + described in ORS
496.610 + }.
(e) On programs that provide for auction or raffle of tags to
provide incentives for habitat or access.
(6) 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) of this
section.
SECTION 5. ORS 496.303 is amended to read:
496.303. (1) The Fish and Wildlife Account is established in
the State Treasury, separate and distinct from the General Fund.
All moneys in the account are continuously appropriated to the
State Fish and Wildlife Commission. The Fish and Wildlife Account
shall consist of the moneys in its various subaccounts and any
moneys transferred to the account by the Legislative Assembly.
Unless otherwise specified by law, interest earnings on moneys in
the account shall be paid into the State Treasury and credited to
the State Wildlife Fund.
(2)(a) The Fish Screening Subaccount is established in the Fish
and Wildlife Account. 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.
(D) All moneys received from the surcharge on angling licenses
imposed by ORS 497.124.
(b) All moneys in the subaccount shall be used to carry out the
provisions of ORS 315.138, 498.306 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.
(3) The Fish Endowment Subaccount is established in the Fish
and Wildlife Account. The subaccount 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.
(4) The Migratory Waterfowl Subaccount is established in the
Fish and Wildlife Account. All moneys received by the commission
from the sale of art works and prints related to the migratory
waterfowl stamp shall be deposited in the subaccount. 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.
(5) The Halibut Research Subaccount is established in the Fish
and Wildlife Account. 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 subaccount. Moneys in the
subaccount may be expended only for halibut population studies
and other research.
(6) The Upland Bird Subaccount is established in the Fish and
Wildlife Account. All moneys received by the State Fish and
Wildlife Commission from the sale of upland bird stamps, from the
sale of any art works and prints related to the upland bird stamp
and from private hunting preserve permit fees shall be deposited
in the subaccount. Moneys in the subaccount may be expended only
for promoting the propagation and conservation of upland birds
and the acquisition, development, management, enhancement, sale
or exchange of upland bird habitat, and for activities related to
the design, production, issuance and arrangements for sale of the
upland bird stamps and related art works and prints. Expenditures
of moneys in the subaccount shall be made for the benefit of
programs within this state in such amounts and at such times as
the commission determines appropriate to most directly benefit
the upland bird resources of the state.
(7)(a) The Fish and Wildlife Deferred Maintenance Subaccount is
established in the Fish and Wildlife Account. Interest earnings
on moneys in the subaccount shall be credited to the subaccount.
The subaccount shall consist of moneys authorized by the
Legislative Assembly from the State Wildlife Fund and moneys
obtained by gift, grant, bequest or donation from any other
public or private source.
(b) The principal in the subaccount may be utilized only as
provided in paragraph (c) of this subsection. Interest earnings
on the moneys in the subaccount may be expended only for the
maintenance of fish hatcheries and State Department of Fish and
Wildlife facilities other than administrative facilities located
in Salem.
(c) The department may borrow funds from the principal of the
subaccount to maintain adequate cash flow requirements. However,
moneys borrowed from the principal must be repaid to the
subaccount:
(A) Within six months from the date on which the moneys were
borrowed.
(B) With interest at the standard rate that the State Treasurer
charges to state agencies for other loans. Interest paid under
this subparagraph shall be paid to the subaccount.
(d) For purposes of this subsection, 'principal' means moneys
authorized by the Legislative Assembly for transfer to the
subaccount from the State Wildlife Fund, including any assignment
of earnings on moneys in the fund and other moneys obtained by
gift, grant, bequest or donation deposited into the subaccount.
(8) The Access and Habitat Board Subaccount is established in
the Fish and Wildlife Account. The subaccount shall consist of
moneys transferred to the subaccount pursuant to ORS 496.242.
Moneys in the subaccount may be used for the purposes specified
in ORS 496.242.
(9) The Marine Shellfish Subaccount is established in the Fish
and Wildlife Account. Interest earnings on moneys in the
subaccount shall be credited to the subaccount. All moneys
received by the commission from the sale of resident and
nonresident shellfish licenses pursuant to ORS 497.121 shall be
deposited in the subaccount. Moneys in the subaccount shall be
used for the protection and enhancement of shellfish for
recreational purposes, including shellfish sanitation costs and
the cost of enforcement of wildlife laws pertaining to the taking
of shellfish. The State Fish and Wildlife Director, or a
designee, { + and + } the Director of Agriculture, or a
designee, { - and the Superintendent of State Police, or a
designee, - } shall jointly make a recommendation to the
Governor for inclusion in the Governor's budget beginning July 1
of each odd-numbered year.
(10)(a) The Mountain Sheep Subaccount is established in the
Fish and Wildlife Account, consisting of moneys collected under
ORS 497.112 (2)(a) to (c).
(b) All moneys in the subaccount shall be used for the
propagation and conservation of mountain sheep, for research,
development, management, enhancement and sale or exchange of
mountain sheep habitat and for programs within the state that in
the discretion of the commission most directly benefit mountain
sheep resources of this state.
(11)(a) The Antelope Subaccount is established in the Fish and
Wildlife Account, consisting of moneys collected under ORS
497.112 (2)(a) to (c).
(b) All moneys in the subaccount shall be used for the
propagation and conservation of antelope, for research,
development, management, enhancement and sale or exchange of
antelope habitat and for programs within the state that in the
discretion of the commission most directly benefit antelope
resources of this state.
(12)(a) The Mountain Goat Subaccount is established in the Fish
and Wildlife Account, consisting of moneys collected under ORS
497.112 (2)(a) to (c).
(b) All moneys in the subaccount shall be used for the
propagation and conservation of mountain goats for research,
development, management, enhancement and sale or exchange of
mountain goat habitat and for programs within the state that in
the discretion of the commission most directly benefit mountain
goat resources of this state.
(13)(a) The commission shall keep a record of all moneys
deposited in the Fish and Wildlife Account. The record shall
indicate by separate cumulative accounts the sources from which
the moneys are derived and the individual activity or programs
against which each withdrawal is charged.
(b) Using the record created pursuant to paragraph (a) of this
subsection, the commission shall report, in the budget documents
submitted to the Legislative Assembly, on the application of
investment and interest earnings to the maintenance of fish
hatcheries and other State Department of Fish and Wildlife
facilities.
(14) The Oregon Conservation Strategy Subaccount is established
in the Fish and Wildlife Account. All moneys received by the
commission from the sale of habitat conservation stamps and from
the sale of any art works and prints related to the habitat
conservation stamp shall be deposited in the subaccount. Moneys
in the subaccount may be expended only to promote and implement
habitat and species restoration, enhancement and viewing
activities identified in the 'Oregon Conservation Strategy, '
2006, by the State Department of Fish and Wildlife, and for
activities related to the design, production, issuance and
arrangements for sale of the habitat conservation stamps and
related art works and prints.
SECTION 6. ORS 497.136 is amended to read:
497.136. The moneys received from the fee increases prescribed
in the amendments to ORS 497.121 and 497.132 and section 4,
chapter 512, Oregon Laws 1989, and section 15, chapter 858,
Oregon Laws 1991, by sections 1 to 4, chapter 619, Oregon Laws
1993, shall be used by the State Department of Fish and Wildlife
for recreational fishing activities, including fish hatchery
production, freshwater fish programs, groundfish sampling, fish
research projects, { - Oregon State Police Game Bureau
enforcement, - } { + enforcement of the wildlife laws by county
sheriffs as described in ORS 496.610, + } a name and address
database, and the Hatchery Maintenance Information System.
SECTION 7. ORS 497.360 is amended to read:
497.360. (1) No person younger than 18 years of age shall hunt
wildlife, except on the person's own land or land owned by the
parent or legal guardian of the person, unless the person:
(a) Has in possession a certificate, issued by the State Fish
and Wildlife Commission or by an agency of another state, stating
that the person has satisfactorily completed a course prescribed
or approved by the commission in the safe handling of lawful
hunting weapons; or
(b) Is participating in a supervised hunt as provided in
subsection (3) of this section.
(2) The commission, by rule, shall prescribe and administer a
hunter safety training program to provide instruction in the safe
handling of lawful hunting weapons. The program may also include
instruction on wildlife and natural resource conservation, first
aid and survival and such other subjects as the commission
considers desirable to promote good outdoor conduct and respect
for the rights and property of others. The commission may
cooperate and enter into agreements with other public or private
agencies and individuals in carrying out the provisions of this
subsection. The { - Department of State Police and the - }
Department of Education { - are - } { + is + } directed to
cooperate with the commission in carrying out the provisions of
this section.
(3)(a) The commission, by rule, shall prescribe and administer
a youth hunter mentoring program that allows a person who is
between nine and 14 years of age to hunt while in the presence of
a supervisory hunter who is 21 years of age or older and who
holds the appropriate licenses, tags and permits issued pursuant
to the wildlife laws. Only one lawful hunting weapon may be
carried during a supervised hunt under this subsection. A person
participating in a supervised hunt under this subsection may hunt
wildlife under the same conditions applicable to the supervisory
hunter's licenses, tags and permits.
(b) The commission, by rule, may prescribe any relevant safety
and ethical standards for participation in a supervised hunt
under this subsection.
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