Bill Text: OR SB442 | 2013 | Regular Session | Introduced

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Bill Title: Relating to landowner preference tags.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB442 Detail]

Download: Oregon-2013-SB442-Introduced.html

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     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 1127

                         Senate Bill 442

Sponsored by Senator GEORGE (at the request of Oregon Sportsmen
  Association) (Presession filed.)

                             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.

  Allows landowner who is qualified to receive landowner
preference tags from State Fish and Wildlife Commission to sell
tags received, provided that at least half of tags are sold to
Oregon residents.

                        A BILL FOR AN ACT
Relating to landowner preference tags; amending ORS 496.146 and
  section 2, chapter 460, Oregon Laws 1995.
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 - }   { + that + } the commission determines
 { + are + } 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 - }   { + landowner preference
tags + } 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.  { + Landowner preference tags are subject to the
following conditions:

  (a) + } 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.
   { +  (b) A landowner who is qualified to receive landowner
preference tags from the commission may transfer the landowner
preference tags to any person of the landowner's choosing who is
not an immediate family member of the landowner for a price to be
determined by the landowner. A minimum of 50 percent of the
landowner preference tags transferred by a qualified landowner
under this paragraph must be sold to residents of Oregon. + }
  (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.
  SECTION 2. Section 2, chapter 460, Oregon Laws 1995, as amended
by section 1, chapter 227, Oregon Laws 2001, section 1, chapter
349, Oregon Laws 2009, and section 2a, chapter 832, Oregon Laws
2009, is amended to read:
   { +  Sec. 2. + } Notwithstanding any other provision of the
wildlife laws, during the period beginning January 1, 1996, and
ending January 2,   { - 2014 - }  { +  2016 + }, the following
provisions apply with regard to the issuance and use of landowner
preference tags referred to in ORS 496.146 (4):
  (1) Landowner preference tags shall be issued for the hunting
of deer, elk or antelope.
  (2) Landowner preference tags may be used only for hunting on
the landowner's property.
  (3) Landowner preference tags for the hunting of deer or elk
may be transferred to any person of the landowner's choosing and
shall be used for the taking of antlerless animals except as
authorized by subsection (6) of this section.
  (4) Landowner preference tags for the hunting of antelope are
  { - not - }  transferable and may not be used for the taking of
buck antelope.
  (5) Each landowner preference tag for the hunting of deer or
elk may be used to take two antlerless animals before, during or
after the hunting season for which the tags are valid for the
purpose of alleviating damage that is presently occurring to the
landowner's property, in accordance with such rules as the State
Fish and Wildlife Commission may adopt.
  (6) Landowner preference tags for the hunting of deer or elk
that are transferred to a person of the landowner's choosing who
is not a member of the landowner's immediate family may be used
to take an antlered animal only as follows:

  (a) If the landowner receives one preference tag, that tag may
not be so used.
  (b) If the landowner receives two, three or four preference
tags, one of those tags may be so used.
  (c) If the landowner receives five, six or seven preference
tags, two of those tags may be so used.
  (d) If the landowner receives eight, nine or 10 preference
tags, three of those tags may be so used.
  (7) Landowners   { - must - }   { + shall + } pay a $30 fee to
register for participation in the program.
  (8)   { - Establishes - }   { + A landowner shall pay + } a $15
fee   { - for landowners - }  to modify the landowner's tag
distribution.
   { +  (9) A minimum of 50 percent of landowner preference tags
transferred by a qualified landowner under this section to a
person of the landowner's choosing who is not a member of the
landowner's immediate family must be sold to residents of Oregon
for a price determined by the landowner. + }
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