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

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

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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-Amended.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to SB 830

LC 3133/SB 830-3

                      SENATE AMENDMENTS TO
                         SENATE BILL 830

              By JOINT COMMITTEE ON WAYS AND MEANS

                             July 6

  On page 1 of the printed bill, line 3, after 'money; ' insert
'limiting expenditures;'.
  After line 27, insert:

                                '
 { +  COLUMBIA RIVER FISH MANAGEMENT AND REFORM + }

  '  { +  SECTION 3a. + }  { +  (1) The Legislative Assembly
finds that it is the policy of the State of Oregon that rules as
a whole related to Columbia River fish management and reform that
are adopted by the State Fish and Wildlife Commission:
  ' (a) Optimize overall economic benefits to this state;
  ' (b) Enhance the economic viability of Oregon's recreational
and commercial fisheries and the communities that rely on these
fisheries;
  ' (c) Contribute to native fish conservation and recovery;
  ' (d) Promote orderly fishery management with the State of
Washington; and
  ' (e) Provide consistency with agreements made with Indian
tribes pursuant to state or federal court orders.
  ' (2) If economic, including commercial harvest, or
conservation objectives related to Columbia River fish management
and reform adopted by rule of the commission are not met, then by
rule the commission must provide for adaptive management actions
that are designed to efficiently achieve the respective economic,
including commercial harvest, or conservation objectives,
including but not limited to:
  ' (a) Modifying or halting the schedule and degree of shifts in
harvest and impact allocations specified in rules of the
commission as necessary to attain harvest objectives through
improved harvest levels in either off-channel or mainstem
fisheries, within the context of naturally varying run sizes;
  ' (b) Advancing additional fishery opportunities, seasons or
selective fishing gear; or
  ' (c) Improving hatchery fish production or the timing, size or
location of hatchery fish releases.
  ' (3) As part of the rules related to Columbia River fish
management and reform, the commission shall establish a zone at
the mouth of Youngs Bay in which recreational fishing, including
recreational fishing taking place with guide boats, is prohibited
in order to reduce the interception of hatchery fish returning to
the off-channel commercial fishery in Youngs Bay. At least once
every three years, the commission shall evaluate the impacts and
effectiveness of this zone and make adjustments, including the
removal of the prohibition described in this subsection, as
necessary to meet the objectives described in subsection (1) of
this section. + }
  '  { +  SECTION 3b. + }  { + The State Fish and Wildlife
Commission shall adopt rules establishing the zone at the mouth

of Youngs Bay pursuant to section 3a (3) of this 2013 Act no
later than February 1, 2014. + } ' .
  On page 2, line 14, delete 'the loss of fishing opportunities'
and insert 'fishing gear changes'.
  In line 27, delete 'the loss of fishing opportunities' and
insert 'fishing gear changes'.
  On page 3, line 12, delete 'General Fund' and insert ' Columbia
River Fisheries Enhancement Fund established under section 7 of
this 2013 Act'.
  On page 5, delete lines 28 through 45 and delete page 6.
  On page 7, delete lines 1 through 38 and insert:
  ' (23) May by rule establish annual and daily Columbia Basin
salmon, steelhead and sturgeon recreational fishing endorsements
with a fee not to exceed $9.75 per annual license and $1 per day
per daily license. An 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. 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 annual and daily Columbia
Basin salmon, steelhead and sturgeon recreational fishing
endorsements with a fee not to exceed $9.75 per annual license
and $1 per day per daily license. An 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. 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. - } '.
  After line 40, insert:

                                '
 { +  APPROPRIATION AND EXPENDITURE LIMITATION + }

  '  { +  SECTION 12. + }  { + There is appropriated to the State
Department of Fish and Wildlife, for the biennium beginning July
1, 2013, out of the General Fund, the amount of $2,000,000 for
purposes of carrying out the provisions of this 2013 Act. + }
  '  { +  SECTION 13. + }  { + Notwithstanding any other law
limiting expenditures, the amount of $2,002,000 is established
for the biennium beginning July 1, 2013, as the maximum limit for
payment of expenses from fees, moneys or other revenues,
including Miscellaneous Receipts, but excluding lottery funds and
federal funds, collected or received by the State Department of
Fish and Wildlife, for purposes of carrying out the provisions of
this 2013 Act. + } ' .
  In line 44, delete '12' and insert '14'.
  On page 8, line 5, delete '13' and insert '15'.
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