Bill Text: OR HB2252 | 2013 | Regular Session | Enrolled
Bill Title: Relating to wildlife.
Spectrum: Unknown
Status: (Passed) 2013-05-28 - Chapter 236, (2013 Laws): Effective date January 1, 2014. [HB2252 Detail]
Download: Oregon-2013-HB2252-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2252
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber, M.D., for
State Department of Fish and Wildlife)
CHAPTER ................
AN ACT
Relating to wildlife; creating new provisions; and amending ORS
396.370, 496.146, 497.006 and 497.022.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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
Enrolled House Bill 2252 (HB 2252-INTRO) Page 1
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.
Enrolled House Bill 2252 (HB 2252-INTRO) Page 2
(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 multiyear licenses and may
prescribe fees for such licenses. Fees prescribed by the
commission for multiyear licenses may provide for a discount from
the annual license fees that would otherwise be payable for the
period of time covered by the multiyear license. + }
SECTION 2. ORS 497.022 is amended to read:
497.022. (1) The State Fish and Wildlife Commission may appoint
agents to issue any of the licenses, tags or permits the
commission is authorized by law to issue. The commission shall
prescribe the procedure for the issuance of such licenses, tags
and permits. Agents of the commission shall issue licenses, tags
and permits in accordance with the prescribed procedure and shall
charge and collect the fees prescribed by law therefor.
(2) In addition to the fees prescribed by law for the issuance
of a license, tag or permit, the issuing agent shall charge and
collect $5 for each resident annual sportsperson's license issued
pursuant to ORS 497.132 (2)(a) { + and (3)(a), $10 for each
nonresident annual hunting license issued pursuant to ORS
497.102, $10 for each nonresident annual deer tag, nonresident
annual elk tag, nonresident annual black bear tag, nonresident
annual mountain goat tag, nonresident annual mountain sheep tag
and nonresident annual antelope tag issued pursuant to ORS
497.112 (1) + } and $2 each for any other license, tag or permit.
If the agent is a county clerk, the agent shall deposit such
additional fees in the general fund of the county for which the
agent is the clerk. If the agent is an employee of the State
Department of Fish and Wildlife, the moneys shall be deposited in
the State Wildlife Fund. Agents other than county clerks or
department employees who issue licenses without the use of a
state computerized licensing system may retain such additional
fees for their license tag or permit issuance services. Agents
other than county clerks or department employees who issue
licenses, tags or permits using a state computerized licensing
system may retain such portion of the additional fees, but not
less than $2.50 for each resident annual sportsperson's license
Enrolled House Bill 2252 (HB 2252-INTRO) Page 3
issued pursuant to ORS 497.132 (2)(a) { + and (3)(a), $7.50 for
each nonresident annual hunting license issued pursuant to ORS
497.102, $7.50 for each nonresident annual deer tag, nonresident
annual elk tag, nonresident annual black bear tag, nonresident
annual mountain goat tag, nonresident annual mountain sheep tag
and nonresident annual antelope tag issued pursuant to ORS
497.112 (1) + } or $1 for any other license, tag or permit, as
may be specified by contract between the department and the agent
for license, tag or permit issuance service performed by the
agent.
(3) If the commission finds that an agent appointed pursuant to
this section has violated any of the provisions of law or the
procedures prescribed by the commission for the issuance of
licenses, tags or permits or the collection and disposition of
fees therefrom, the commission may revoke the authority of the
agent to issue licenses, tags and permits, or may suspend such
authority for such time as the commission considers appropriate.
SECTION 3. ORS 497.006, as amended by section 10, chapter 106,
Oregon Laws 2012, is amended to read:
497.006. (1) As used in this section:
(a) 'Dependent children' includes any children of an active
member of the Armed Forces of the United States who:
(A) Are under 18 years of age and not married, otherwise
emancipated or self-supporting; or
(B) Are under 23 years of age, unmarried, enrolled in a
full-time course of study in an institution of higher learning
and dependent on the resident member of the uniformed services
for over one-half of their support.
(b) 'Resident member of the uniformed services' means a member
of the uniformed services who:
(A) Resides in this state while assigned to duty at any base,
station, shore establishment or other facility in this state;
(B) Resides in this state while serving as a member of the crew
of a ship that has an Oregon port or shore establishment as its
home port or permanent station; or
(C) Resides in another state or a foreign country and
establishes Oregon residency by filing Oregon state income taxes
no later than 12 months before leaving active duty.
(c) 'Uniformed services' means:
(A) The Army, Navy, Air Force, Marine Corps and Coast Guard of
the United States;
(B) The reserves of the Army, Navy, Air Force, Marine Corps and
Coast Guard of the United States;
(C) The Oregon National Guard and the National Guard of any
other state or territory;
(D) The commissioned corps of the National Oceanic and
Atmospheric Administration; and
(E) The Public Health Service of the United States Department
of Health and Human Services while detailed by proper authority
for duty with the Army or Navy of the United States.
(2) The following persons are resident persons for the purpose
of purchasing licenses, tags and permits issued by the State Fish
and Wildlife Commission:
(a) A resident member of the uniformed services and the
member's spouse and dependent children.
{ + (b) A member of the uniformed services who is not a
resident member of the uniformed services, except for the purpose
of purchasing controlled hunt tags issued by the commission. + }
{ - (b) - } { + (c) + } An alien who furnishes to the
commission evidence satisfactory to the commission that the alien
Enrolled House Bill 2252 (HB 2252-INTRO) Page 4
is attending a school in this state pursuant to a foreign student
exchange program.
SECTION 4. ORS 396.370, as amended by section 11, chapter 106,
Oregon Laws 2012, is amended to read:
396.370. (1) As used in this section, 'Armed Forces of the
United States' means:
(a) The Army, Navy, Air Force, Marine Corps and Coast Guard of
the United States;
(b) The reserves of the Army, Navy, Air Force, Marine Corps and
Coast Guard of the United States; and
(c) The Oregon National Guard and the National Guard of any
other state or territory.
(2) A person may apply to the Oregon Military Department for
reimbursement for the cost of a resident annual hunting license
to hunt wildlife issued to the person under ORS 497.102 and a
resident annual angling license issued to the person under ORS
497.121 if the person:
(a) Is an officer or enlisted person in the Armed Forces of the
United States who:
(A) Resides in this state while assigned to duty at any base,
station, shore establishment or other facility in this state;
(B) Resides in this state while serving as a member of the crew
of a ship that has an Oregon port or shore establishment as its
home port or permanent station; or
(C) Resides in another state or a foreign country and
establishes Oregon residency by filing Oregon state income taxes
no later than 12 months before leaving active duty; or
(b) Has retired from the Armed Forces of the United States
within 12 months of the date of making the application for a
license.
(3) The department shall reimburse a person described in
subsection (2) of this section for the cost of a resident annual
hunting license to hunt wildlife and a resident annual angling
license upon receipt of the person's application.
{ + (4) The provisions of this section do not apply to a
person described in ORS 497.006 (2)(b). + }
{ - (4) - } { + (5) + } The department shall adopt
regulations implementing subsection (3) of this section.
SECTION 5. { + The amendments to ORS 497.022 by section 2 of
this 2013 Act apply to licenses issued pursuant to ORS 497.102
and 497.132 (3)(a), and tags issued pursuant to ORS 497.112, by
issuing agents on or after the effective date of this 2013
Act. + }
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Enrolled House Bill 2252 (HB 2252-INTRO) Page 5
Passed by House March 14, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 20, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2252 (HB 2252-INTRO) Page 6
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 2252 (HB 2252-INTRO) Page 7
