Bill Text: OR SB830 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relating to fishing; appropriating money; and declaring an emergency.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-07-30 - Effective date, July 25, 2013. [SB830 Detail]

Download: Oregon-2013-SB830-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 3133

                         Senate Bill 830

Sponsored by Senators GIROD, MONROE, BATES; Senators BAERTSCHIGER
  JR, BOQUIST, BURDICK, HANSELL

                             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.

  Repeals provisions related to taking food fish by fixed fishing
gear or seines.
  Directs State Department of Fish and Wildlife to establish and
implement Columbia River fisheries transition program.
Establishes Columbia River Fisheries Transition Fund.
Continuously appropriates moneys in fund to State Fish and
Wildlife Commission for purposes of program.
  Establishes Columbia River Fisheries Enhancement Fund.
Continuously appropriates moneys in fund to commission to
implement certain measures.
  Authorizes commission to establish annual Columbia Basin
salmon, steelhead and sturgeon recreational fishing endorsement.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to fishing; creating new provisions; amending ORS
  496.146, 506.045 and 509.230; repealing ORS 509.216;
  appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:

                               { +
FISHING GEAR + }

  SECTION 1.  { + ORS 509.216 is repealed. + }
  SECTION 2. ORS 506.045 is amended to read:
  506.045. There are excluded from the operation of ORS 506.129,
506.136, 507.030, 508.025, 508.285  { - , - }   { + and
 + }509.025 (1) { + , + }
  { - and 509.216, - }  any Warm Springs, Umatilla, Yakima,
Wasco, Tenino, Wyum and other Columbia River Indians affiliated
with these tribes and entitled to enjoy fishing rights, who have
not severed their tribal relations, in so far as it would
conflict with any rights or privileges granted to such Indians
under the terms of the treaties made by the United States with
the Warm Springs Indians on June 25, 1855, and with the Umatilla
and Yakima Indians on June 9, 1855.
  SECTION 3. ORS 509.230 is amended to read:
  509.230. (1) Subject to the conditions provided in this section
 { - , ORS 509.216 - }  and ORS chapter 513, it is unlawful to
have in possession any food fish taken in the waters of the
Pacific Ocean outside the territorial jurisdiction of this state
by means of any fishing gear except as provided by law or rule of
the State Fish and Wildlife Commission, for:
  (a) The purpose of commercially packing, canning or preserving
the fish.
  (b) The manufacture of fish meal, fish oil or other fish
products or by-products.
  (c) Sale as fresh fish for general consumption.
  (d) Bait.
  (2) It is also unlawful to take any salmon for commercial
purposes in any of the waters of the Pacific Ocean within the
jurisdiction of this state or over which this state has
concurrent jurisdiction by means of any fishing gear other than
by 'troll.  '

                               { +
COLUMBIA RIVER FISHERIES TRANSITION SUPPORT + }

  SECTION 4.  { + (1) The State Department of Fish and Wildlife
shall establish and implement a Columbia River fisheries
transition program, using moneys in the Columbia River Fisheries
Transition Fund established under section 5 of this 2013 Act, to
provide grants to assist counties to implement county programs
under which:
  (a) Compensation is provided to individuals who hold vessel
permits issued pursuant to ORS 508.775 to 508.796 and who provide
documentation of economic harm resulting from restrictions
related to Columbia River fish management and reform adopted by
rule of the State Fish and Wildlife Commission; and
  (b) Financial assistance is provided to individuals who hold
vessel permits issued pursuant to ORS 508.775 to 508.796 and who
demonstrate a history of recent landings under a permit issued
pursuant to ORS 508.775 to 508.796, to help offset the cost to
those individuals of fishing equipment required as a result of
the loss of fishing opportunities caused by restrictions related
to Columbia River fish management and reform adopted by rule of
the commission.
  (2) Subject to available funding in the Columbia River
Fisheries Transition Fund, a county qualifies for a grant under
the Columbia River fisheries transition program if the county:
  (a) Establishes a county program to:
  (A) Compensate individuals who hold vessel permits issued
pursuant to ORS 508.775 to 508.796 and who provide documentation
of economic harm resulting from restrictions related to Columbia
River fish management and reform adopted by rule of the
commission.
  (B) Provide financial assistance to individuals who hold vessel
permits issued pursuant to ORS 508.775 to 508.796 and who
demonstrate a history of recent landings under a permit issued
pursuant to ORS 508.775 to 508.796, to help offset the cost to
those individuals of fishing equipment required as a result of
the loss of fishing opportunities caused by restrictions related
to Columbia River fish management and reform adopted by rule of
the commission.
  (b) Establishes a county advisory committee to oversee the
county program, consisting of at least one member who is a county
commissioners, two members who hold vessel permits issued
pursuant to ORS 508.775 to 508.796 or who have expertise related
to commercial fisheries and two members who are not employed in
the commercial fishing industry and who represent the public
interest in the equitable administration of public funds.
  (c) Allows all individuals who hold vessel permits issued
pursuant to ORS 508.775 to 508.796 to participate in the county
program.
  (3) As used in this section, 'economic harm' means the
reduction, unrelated to environmental and market variability or
personal circumstances, in the annual income of an individual who
holds a vessel permit issued pursuant to ORS 508.775 to 508.796
from fishing under the permit that is due to Columbia River fish
management and reform adopted by rule of the commission. + }
  SECTION 5.  { + (1) The Columbia River Fisheries Transition
Fund is established in the State Treasury, separate and distinct
from the General Fund. Interest earned by the Columbia River
Fisheries Transition Fund shall be credited to the fund. Moneys
in the fund are continuously appropriated to the State Fish and
Wildlife Commission to carry out the provisions of section 4 of
this 2013 Act.
  (2) The commission may accept grants, donations, contributions
or gifts from any source for deposit in the Columbia River
Fisheries Transition Fund.
  (3) The Columbia River Fisheries Transition Fund shall consist
of:
  (a) Moneys accepted by the commission pursuant to subsection
(2) of this section.
  (b) General Fund moneys appropriated to the Columbia River
Fisheries Transition Fund by the Legislative Assembly. + }
  SECTION 6.  { + (1) Sections 4 and 5 of this 2013 Act are
repealed on January 2, 2019.
  (2) The Columbia River Fisheries Transition Fund established
under section 5 of this 2013 Act is abolished January 2, 2019.
  (3) Any unexpended moneys remaining in the Columbia River
Fisheries Transition Fund on January 2, 2019, shall be
transferred to the General Fund. + }

                               { +
FISHERY ENHANCEMENT ON THE COLUMBIA RIVER + }

  SECTION 7.  { + (1) The Columbia River Fisheries Enhancement
Fund is established in the State Treasury, separate and distinct
from the General Fund. Interest earned by the Columbia River
Fisheries Enhancement Fund shall be credited to the fund. Moneys
in the fund are continuously appropriated to the State Fish and
Wildlife Commission to implement measures that enhance fisheries,
optimize the economic benefits of fisheries and advance native
fish conservation related to Columbia River fish management and
reform adopted by rule of the commission.
  (2) The commission may accept grants, donations, contributions
or gifts from any source for deposit in the Columbia River
Fisheries Enhancement Fund.
  (3) The Columbia River Fisheries Enhancement Fund shall consist
of:
  (a) Moneys accepted by the commission pursuant to subsection
(2) of this section.
  (b) Fees collected by the commission under ORS 496.146
(23). + }
  SECTION 8.  { + (1) Section 7 of this 2013 Act is repealed on
January 2, 2022.
  (2) The Columbia River Fisheries Enhancement Fund established
under section 7 of this 2013 Act is abolished January 2, 2022.
  (3) Any unexpended moneys remaining in the Columbia River
Fisheries Enhancement Fund on January 2, 2022, shall be
transferred to the State Wildlife Fund. + }
  SECTION 9. 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, taking, 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 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. In establishing the preference
system, the commission shall consider giving additional
preference points to persons who have been issued a resident
pioneer hunting license pursuant to ORS 497.102.
  (18) May sell advertising in State Department of Fish and
Wildlife publications, including annual hunting and angling
regulation publications.
  (19) May, notwithstanding the fees required by ORS 497.112,
provide free hunting tags to an organization that sponsors
hunting trips for terminally ill children.
  (20) Shall, after consultation with the State Department of
Agriculture, adopt rules prohibiting the use of the World Wide
Web, other Internet protocols or broadcast or closed circuit
media to remotely control a weapon for the purpose of hunting any
game bird, wildlife, game mammal or other mammal. The rules may
exempt the State Department of Fish and Wildlife or agents of the
department from the prohibition.
  (21) May adopt rules establishing a schedule of civil
penalties, not to exceed $6,500 per violation, for violations of
provisions of the wildlife laws or rules adopted by the
commission under the wildlife laws. Civil penalties established
under this subsection must be imposed in the manner provided by
ORS 183.745 and must be deposited in the State Wildlife Fund
established under ORS 496.300.
  (22) May by rule impose a surcharge not to exceed $25 for the
renewal of a hunting license on any person who fails to comply
with mandatory hunting reporting requirements. Amounts collected
as surcharges under this subsection must be deposited in the
State Wildlife Fund established under ORS 496.300.
   { +  (23) May by rule establish an annual Columbia Basin
salmon, steelhead and sturgeon recreational fishing endorsement
for a fee not to exceed $9.50. The endorsement is required to
fish for salmon, steelhead or sturgeon in the Columbia Basin and
is in addition to and not in lieu of angling licenses and tags
required under the wildlife laws. However, an annual Columbia
Basin salmon, steelhead and sturgeon recreational fishing
endorsement may not be required of a person who holds a valid
angling license referred to in ORS 497.121 (1)(c) or (d). Amounts
collected as fees under this subsection must be deposited in the
Columbia River Fisheries Enhancement Fund established under
section 7 of this 2013 Act. + }
  SECTION 10. ORS 496.146, as amended by section 9 of this 2013
Act, 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, taking, 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 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. In establishing the preference
system, the commission shall consider giving additional
preference points to persons who have been issued a resident
pioneer hunting license pursuant to ORS 497.102.
  (18) May sell advertising in State Department of Fish and
Wildlife publications, including annual hunting and angling
regulation publications.
  (19) May, notwithstanding the fees required by ORS 497.112,
provide free hunting tags to an organization that sponsors
hunting trips for terminally ill children.
  (20) Shall, after consultation with the State Department of
Agriculture, adopt rules prohibiting the use of the World Wide
Web, other Internet protocols or broadcast or closed circuit
media to remotely control a weapon for the purpose of hunting any
game bird, wildlife, game mammal or other mammal. The rules may
exempt the State Department of Fish and Wildlife or agents of the
department from the prohibition.
  (21) May adopt rules establishing a schedule of civil
penalties, not to exceed $6,500 per violation, for violations of
provisions of the wildlife laws or rules adopted by the
commission under the wildlife laws. Civil penalties established
under this subsection must be imposed in the manner provided by
ORS 183.745 and must be deposited in the State Wildlife Fund
established under ORS 496.300.
  (22) May by rule impose a surcharge not to exceed $25 for the
renewal of a hunting license on any person who fails to comply
with mandatory hunting reporting requirements. Amounts collected
as surcharges under this subsection must be deposited in the
State Wildlife Fund established under ORS 496.300.
    { - (23) May by rule establish an annual Columbia Basin
salmon, steelhead and sturgeon recreational fishing endorsement
for a fee not to exceed $9.50. The endorsement is required to
fish for salmon, steelhead or sturgeon in the Columbia Basin and
is in addition to and not in lieu of angling licenses and tags
required under the wildlife laws. However, an annual Columbia
Basin salmon, steelhead and sturgeon recreational fishing
endorsement may not be required of a person who holds a valid
angling license referred to in ORS 497.121 (1)(c) or (d). Amounts
collected as fees under this subsection must be deposited in the
Columbia River Fisheries Enhancement Fund established under
section 7 of this 2013 Act. - }
  SECTION 11.  { + The amendments to ORS 496.146 by section 10 of
this 2013 Act become operative on January 2, 2022. + }

                               { +
MISCELLANEOUS + }

  SECTION 12.  { + The unit 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 + }

  SECTION 13.  { + 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. + }
                         ----------