Bill Text: OR HB2009 | 2011 | Regular Session | Introduced

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Bill Title: Relating to ocean resources; appropriating money; declaring an emergency.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2009 Detail]

Download: Oregon-2011-HB2009-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 4010

                         House Bill 2009

Sponsored by Representative COWAN, Senator KRUSE; Representatives
  BOONE, KRIEGER, ROBLAN, WITT, Senators JOHNSON, VERGER,
  WHITSETT (at the request of Oregon Coastal Caucus)

                             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.

  Modifies provisions related to marine reserves. Requires
certain reporting regarding marine reserves work plan. Requires
certain reporting regarding funding.
  Establishes Ocean Resources Fund. Continuously appropriates
moneys in fund to State Department of Fish and Wildlife.
Specifies uses of moneys.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to ocean resources; creating new provisions; amending
  ORS 196.540, 196.545, 196.550 and 196.555 and section 3,
  chapter 847, Oregon Laws 2009; appropriating money; limiting
  expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 196.540 is amended to read:
  196.540. The State Department of Fish and Wildlife, State Fish
and Wildlife Commission, State Land Board and relevant state
agencies shall, consistent with existing statutory authority,
implement the November 29, 2008,  { + and the December 15,
2010, + } recommendations from the Ocean Policy Advisory Council
on marine reserves  { + and the January 25, 2011, three site
recommendations and additional recommendations from the
department on marine reserves + } by:
  (1)   { - Adopting rules to establish, study, monitor, evaluate
and enforce a pilot - }   { + Studying, monitoring, evaluating,
enforcing and implementing the + } marine reserve at Otter Rock
and   { - a pilot - }  { + the + } marine reserve and   { - a - }
marine protected area at Redfish Rocks;
  (2)   { - Studying and evaluating potential marine reserves at
Cape Falcon, Cascade Head and Cape Perpetua - }   { + Adopting
rules to establish, study, monitor, evaluate and enforce a marine
reserve and a marine protected area at Cape Falcon, a marine
reserve and marine protected areas at Cascade Head and a marine
reserve, marine protected areas and a seabird protection area at
Cape Perpetua + }; and
  (3)   { - Supporting the development of - }
 { + Evaluating + } a marine reserve proposal at Cape Arago-Seven
Devils  { + after considering input from the Oregon International
Port of Coos Bay Marine Reserves Recommendation Committee + }.
  SECTION 2. ORS 196.545 is amended to read:
  196.545. (1) The State Department of Fish and Wildlife, in
consultation with members from the scientific and technical
advisory committee established under ORS 196.451, other relevant
marine and fishery scientists, relevant state agencies, ocean
users { + , + }   { - and - }  coastal communities  { + and
stakeholder interests associated with the recommendations
specified in ORS 196.540, + } shall implement the activities
described in ORS 196.540 by developing  { + and updating + } a
work plan.
  (2) The work plan shall contain the following elements
regarding the marine reserves  { + and protected areas + }
described in ORS 196.540:
  (a) A biological assessment, including information on habitat
characterization, biological resources, local knowledge and
 { - , for the established pilot marine reserves, - }  monitoring
plans.
  (b) A socioeconomic assessment, including a description of
human uses, net effects on sport and commercial fisheries and
communities and  { - , for the established pilot marine
reserves, - } monitoring plans.
    { - (c) Formation of community teams, with diverse and
balanced stakeholder representation that includes local
government, recreational fishing industry, commercial fishing
industry, nonfishing industry, recreationalists, conservation,
coastal watershed councils, relevant marine and avian scientists,
to collaborate and develop recommendations for potential marine
reserves, considering the biological and socioeconomic
information developed under this section. Collaboration may be
facilitated by a neutral outside party hired through a
competitive bidding process. - }
    { - (d) - }   { + (c) + } Provision of information on the
process and data gathered to interested parties and made
available to the public  { + to allow for a transparent,
balanced, diverse and collaborative process with the public + }.
    { - (e) - }   { + (d) + } Development of scientifically based
 { + measurable + } goals specific to each of the marine reserve
sites, incorporating continuity and cumulative outcomes, benefits
and impacts.
    { - (f) - }   { + (e) + } Provision of baseline data on
Oregon's territorial sea, as defined in ORS 196.405. { +  The
State Fish and Wildlife Commission may not impose prohibitions on
fishing by rule pursuant to ORS 196.540 until the baseline data
has been collected consistent with scientifically based
monitoring plans. + }
    { - (g) - }   { + (f) + } Development of an enforcement plan
in consultation with the Oregon State Police and representatives
from affected user groups.
    { - (h) - }   { + (g) + } Use of   { - communities and
volunteers - }   { + the public + } to assist in implementing the
work plan where feasible and practical { + , including
opportunities to participate in outreach and education,
compliance and enforcement, and monitoring and research using
local vessels + }.
   { +  (h) Establishment of a research design that includes a
priority for the gathering of data on the distribution and
abundance of rockfish species that constrain fisheries and that
may provide opportunity and flexibility in federal-managed and
state-managed fisheries.
  (i) Steps to help mitigate significant negative socioeconomic
effects of the marine reserves on impacted users, including but
not limited to promoting research to develop additional methods
for fishing that reduce bycatch and discard mortality rates.
  (j) Requirements regarding the review and evaluation described
in section 3 (3), chapter 847, Oregon Laws 2009. + }

  (3) The data   { - and recommendations produced from the work
plan and other available nearshore data shall be used by the
State Department of Fish and Wildlife, in consultation with the
Ocean Policy Advisory Council, to recommend the number, size,
location and restriction limits of the potential sites for marine
reserve designation, consistent with Executive Order 08-07. If,
through this process, it is determined that other appropriate
sites need to be considered or that potential sites are not
consistent with Executive Order 08-07, then the data and
recommendations produced - }  { + collected pursuant to the work
plan shall be used to evaluate marine reserves and + } shall be
provided to the public,  { + the Legislative Assembly in the
manner provided in ORS 192.245, + } the State Department of Fish
and Wildlife and other relevant state agencies for future
purposes relevant to nearshore management.
  SECTION 3. Section 3, chapter 847, Oregon Laws 2009, is amended
to read:
   { +  Sec. 3. + } (1) The State Department of Fish and Wildlife
shall report on the results of the work plan  { + described in
ORS 196.545 + } to an appropriate   { - interim - }  legislative
committee   { - on or before November 30, 2010, - }   { + each
biennium + } regarding:
  (a) The study   { - and establishment of the pilot - }   { + of
the + } marine
  { - reserves - }   { + reserve + } at Otter Rock and  { + the
marine reserve and marine protected area at + } Redfish Rocks
described in   { - section 1 of this 2009 Act - }   { + ORS
196.540 + };
  (b) The study and   { - evaluation - }   { + establishment + }
of   { - the potential - }   { + a + } marine   { - reserves - }
 { + reserve and a marine protected area + } at Cape Falcon,
 { + a marine reserve and marine protected areas at + } Cascade
Head and  { + a marine reserve, marine protected areas and a
seabird protection area at  + }Cape Perpetua described in
 { - section 1 of this 2009 Act - }   { + ORS 196.540 + };
  (c) The   { - development - }   { + evaluation  + }of a marine
reserve proposal at Cape Arago-Seven Devils described in
 { - section 1 of this 2009 Act - }   { + ORS 196.540 + };
  (d) The status of funding necessary to carry out the provisions
of   { - section 1 of this 2009 Act - }   { + ORS 196.540 + };
and
  (e) The accomplishment of the goals related to each of the
marine reserves.
  (2) The department shall also report on the activities
described in subsection (1) of this section to members of the
Ocean Policy Advisory Council, relevant state agencies and to the
public.
   { +  (3) The department shall conduct periodic reporting of
the reserves and areas described in ORS 196.540 that includes,
but is not limited to:
  (a) A review of the assumptions made during the marine reserve
site design process, relative to whether the reserves and areas
are individually or collectively large enough to allow scientific
evaluation of ecological benefits, but small enough to avoid
significant economic or social impacts, one year after the
implementation of any prohibitions related to fishing set forth
in rules adopted by the State Fish and Wildlife Commission
pursuant to ORS 196.540.
  (b) A review of the progress of implementing the reserves and
areas five years after the implementation of any prohibitions
related to fishing set forth in rules adopted by the commission
pursuant to ORS 196.540.
  (c) An evaluation of the effectiveness of the reserves and
areas as a management tool no less than 10 years, and no more
than 15 years, after the implementation of any prohibitions

related to fishing set forth in rules adopted by the commission
pursuant to ORS 196.540.
  (4) After any review or evaluation, including but not limited
to those specified in subsection (3) of this section, the
department and other agencies described in ORS 196.540 may, after
review and approval from the Ocean Policy Advisory Council, by
rule adopt adaptive management measures to the reserves and areas
described in ORS 196.540, including but not limited to boundary
adjustment, fishing restrictions, mitigation and site removal, if
the goals specified in ORS 196.545 (2)(d) cannot be
accomplished. + }
  SECTION 4. ORS 196.550 is amended to read:
  196.550. (1) The State Department of Fish and Wildlife may
accept only gifts, grants or contributions from any source for
deposit in the   { - State Wildlife Fund established in ORS
496.300 - }  { + Ocean Resources Fund established in section 5 of
this 2011 Act + } that are consistent with the department's work
plan specified in ORS 196.545.
  (2) Any designation of marine reserves in Oregon's territorial
sea must include commitments by relevant state agencies to pursue
 { - long-term - }  funding necessary to { + , over the long
term, + } enforce prohibitions, support necessary research and
monitoring { + , support coastal communities + } and provide for
public education.
  (3) If funding cannot be secured to meet the enforcement and
research-based monitoring needs associated with the goals
specified in ORS 196.545   { - (2)(e) - }   { + (2)(d) + },
agencies responsible for managing the marine reserves shall make
recommendations to the State Fish and Wildlife Commission and the
Legislative Assembly and initiate actions to scale down or
suspend fisheries prohibitions in the marine reserves.
   { +  (4) A state agency may not adopt rules to establish any
marine reserve that is in addition to those specified in ORS
196.540 until after the evaluation specified in section 3 (3)(c),
chapter 847, Oregon Laws 2009, is completed.
  (5) The department shall prepare a review of the funding
received under the provisions of this section and make the report
available on the website of the department. + }
  SECTION 5.  { + (1) The Ocean Resources Fund is established in
the State Treasury, separate and distinct from the General Fund.
Moneys in the Ocean Resources Fund are continuously appropriated
to the State Department of Fish and Wildlife for purposes
consistent with the department's work plan specified in ORS
196.545.
  (2) The Ocean Resources Fund shall consist of moneys accepted
by the department pursuant to ORS 196.550 (1). + }
  SECTION 6.  { + On the effective date of this 2011 Act, any
unexpended moneys remaining in the State Wildlife Fund
established in ORS 496.300 that were accepted by the State
Department of Fish and Wildlife pursuant to ORS 196.550 (1) shall
be transferred to the Ocean Resources Fund established by section
5 of this 2011 Act. + }
  SECTION 7. { +  Notwithstanding any other law limiting
expenditures, the amount of $1 is established for the biennium
beginning July 1, 2011, 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 under ORS 196.550 (1) for deposit in the Ocean Resources
Fund established by section 5 of this 2011 Act. + }
  SECTION 8. ORS 196.555 is amended to read:
  196.555. Designation of marine reserves requires periodic
reporting by the State Department of Fish and Wildlife in
consultation with other relevant state agencies on the
accomplishment of the goals described in ORS 196.545
 { - (2)(e) - }  { +  (2)(d) + }. The State Department of Fish
and Wildlife and the State Land Board shall, based on review of
the periodic reporting, initiate appropriate rulemaking
adjustments that may include size, location and restrictions on
marine reserves.
  SECTION 9.  { + The first report under section 3 (1), chapter
847, Oregon Laws 2009, as amended by section 3 of this 2011 Act,
is due for the 2011-2013 biennium. + }
  SECTION 10.  { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
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