justicedao/ipfs_state_laws huggingface dataset:
635-080-0074 Warner Unit The Warner Unit, number 74, is that area beginning at Lakeview; north east on U.S. Highway 395 to Fort Bidwell-Warner Valley Road north of Abert Lake; south on Fort Bidwell-Warner Valley Road through Plush and Adel to Oregon-California state line; west along state line to U.S. Highway 395 at New Pine Creek; north on U.S. Highway 395 to Lakeview, point of beginning. Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162 History: DFW 47-1999, f. & cert. ef. 6-16-99 FWC 72-1989, f. & cert. ef. 8-15-89 FWC 26-1978, f. & ef. 5-26-78 FWC 119, f. & ef. 6-3-77
635-080-0075 Interstate Unit The Interstate Unit, number 75, is that area beginning at Bly; west on State Highway 140 to Beatty; north on Godowa Springs Road to Sprague River; west along Sprague River one mile to Sycan River; upstream north and east along Sycan River to Pike's Crossing; east on Forest Road 30 to Forest Road 28; east on Forest Road 28 to Forest Road 29; east on Forest Road 29 to State Highway 31; southeast on State Highway 31 to Valley Falls; south on U.S. Highway 395 to Oregon-California state line; west along state line to Lost River; northwest along Lost River to East Langell Valley Road; north on East Langell Valley Road to Gerber Road; northeast on Gerber Road past Gerber Reservoir to Bly, point of beginning. Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162 History: DFW 47-1999, f. & cert. ef. 6-16-99 FWC 72-1989, f. & cert. ef. 8-15-89 FWC 46-1988, f. & cert. ef. 6-13-88 FWC 71-1987, f. & cert. ef. 9-2-87 FWC 35-1986, f. & ef. 8-7-86 FWC 28-1983, f. & ef. 7-8-83 FWC 26-1978, f. & ef. 5-26-78 FWC 119, f. & ef. 6-3-77
635-080-0076 Silver Lake Unit The Silver Lake Unit, number 76, is that area beginning at Silver Lake; southeast on State Highway 31 to Forest Road 29, 18 miles south of Summer Lake; west on Forest Road 29 to Forest Road 28; west on Forest Road 28 to Forest Road 30; west on Forest Road 30 to Pike's Crossing; downstream north and southwest along Sycan River to Powers Crossing (Teddy Powers Meadow); northwest on road 44 to Yamsey Guard Station at head of Williamson River; north and west along Williamson River to Silver Lake Road; east on Silver Lake Road through Bear Flat to State Highway 31; east on State Highway 31 to Silver Lake, point of beginning. Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162 History: DFW 47-1999, f. & cert. ef. 6-16-99 FWC 72-1989, f. & cert. ef. 8-15-89 FWC 46-1988, f. & cert. ef. 6-13-88 FWC 71-1987, f. & cert. ef. 9-2-87 FWC 35-1986, f. & ef. 8-7-86 FWC 28-1983, f. & ef. 7-8-83 FWC 26-1978, f. & ef. 5-26-78 FWC 119, f. & ef. 6-3-77
635-080-0077 Fort Rock Unit The Fort Rock Unit, number 77, is that area beginning at Silver Lake; west on State Highway 31 to Klamath Marsh Road; west on Klamath Marsh Road to Williamson River; west and south along Williamson River returning to Klamath Marsh-Silver Lake Road; west on Klamath Marsh Road to U.S. Highway 97; west on Scott Creek Road 66 one mile to Sand Creek; southwest along Sand Creek to Crater Lake National Park boundary; north and west along Crater Lake National Park boundary to Pacific Crest Trail; north along Pacific Crest Trail to State Highway 58; southeast on State Highway 58 to Crescent Creek; north along Crescent Creek to county road 61 to Crescent; east on county road 61 to Crescent; north on U.S. Highway 97 to Gilchrist main logging road one mile north of Gilchrist; east on Gilchrist main logging road 9775 to State Highway 31 between mileposts 16 and 17; southeast on State Highway 31 to the Fort Rock Road at Horse Ranch; east and south on Fort Rock Road past Fort Rock to Christmas Valley; southwest on Wagontire Road to State Highway 31 nine miles east of Silver Lake; west on State Highway 31 to Silver Lake, point of beginning. Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162 History: DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08 FWC 119, f. & ef. 6-3-77; FWC 26-1978, f. & ef. 5-26-78; FWC 28-1983, f. & ef. 7-8-83; FWC 35-1986, f. & ef. 8-7-86; FWC 46-1988, f. & cert. ef. 6-13-88; FWC 72-1989, f. & cert. ef. 8-15-89; FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95; DFW 47-1999,.f. & cert. ef. 6-16-99
635-090-0000 Purpose These rules guide the implementation of the Access and Habitat Program authorized under Oregon Laws 1993, Chapter 659. Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.300 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.300 History: FWC 17-1994, f. & cert. ef. 3-10-94
635-090-0010 Policy It is the policy of the Oregon Fish and Wildlife Commission to improve Oregon's resource access and wildlife habitat through cooperation between the department, landowners and hunters to manage wildlife on private lands, and through the application of additional financial revenues. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 History: DFW 48-1998, f. & cert. ef. 6-22-98 FWC 17-1994, f. & cert. ef. 3-10-94
635-090-0020 Definitions For the purposes of OAR 635-090-0000 through 635-090-0140 only: (1) “Access project” means any activity designed to: (a) Create hunting lease programs on privately owned lands that maintain access at present levels or stimulate new access; (b) Encourage public and private landowners to open additional lands to the public through cooperative agreements with the department or the Oregon State Police to control that additional access; (c) Open or expand hunter access, including vehicle access; (d) Promote private land exchange with public land management agencies to provide better public access to hunting areas; or (e) Promote proper hunting behavior. (2) “Act” means sections 13 through 17 of Oregon Laws 1993, Chapter 659 which established the Oregon Access and Habitat Program and Board, and created the Access and Habitat subaccount in the State Wildlife Fund. (3) “Board” means the Access and Habitat Board. (4) “Council(s)” means Regional Advisory Council(s). (5) “Fund” means the State Wildlife Fund created by ORS 496.300. (6) “Grant agreement” means a contract between the department and a project sponsor describing the project and stating the financial support to be provided from the Access and Habitat subaccount. (7) “Habitat project” means any activity designed to protect, maintain, or enhance wildlife habitat. (8) “Landowner preference tag” means a tag authorizing the landowner and his or her immediate family to hunt during the season dates for which the tag is valid only on those lands owned by the landowner. (9) “Project” means any access project or habitat project as defined in OAR 635-090-0020(1) and (7). (10) “Project sponsor” means any public, private or nonprofit organization, or individual applying for or implementing an access and habitat project under the Act. (11) “Region” means any one of four geographic administrative regions of the department. (12) “Subaccount” means the separate subaccount in the State Wildlife Fund created by section 19 of the Act which may be expended only for access and habitat programs recommended by the board and approved by the commission. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 History: DFW 46-1999, f. & cert. ef. 6-15-99 DFW 48-1998, f. & cert. ef. 6-22-98 FWC 37-1997, f. & cert. ef 6-17-97 FWC 17-1994, f. & cert. ef. 3-10-94
635-090-0030 Access and Habitat Board (1) The Access and Habitat Board shall consist of seven members appointed by the commission. (2) Members shall be appointed as follows: (a) One member of the board to represent the public and serve as board chairperson. In making appointments to the board pursuant to this subsection, the commission shall consider recommendations from the director. (b) Three members to represent the broad spectrum of hunters. In making appointments to the board pursuant to this subsection, the commission shall consider recommendations from the director. (c) Three members to represent the broad spectrum of agriculture and timber landowners. In making appointments to the board pursuant to this subsection, the commission shall consider recommendations from the director and from a list of at least five persons submitted by the State Forester and the Director of Agriculture. (3) Board members shall serve four-year terms. Members of the board are eligible for appointment to two consecutive terms. (4) Official actions of the board require the affirmative vote of at least four members. (5) The board shall select officers for such terms and with such duties and powers as considered necessary to carry out the responsibilities of the board. (6) The board shall meet at such times and places as may be determined by the chair or by the majority of board members. (7) A board member shall receive no compensation, beyond reimbursement for actual and necessary travel and expenses, for expenditures incurred in the performance of official duties. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 History: DFW 148-2009, f. 12-15-09, cert. ef. 1-1-10 DFW 46-1999, f. & cert. ef. 6-15-99 DFW 48-1998, f. & cert. ef. 6-22-98 FWC 17-1994, f. & cert. ef. 3-10-94
635-090-0040 Access and Habitat Subaccount (1) Notwithstanding ORS 496.300, all moneys received by the commission pursuant to section 19 of the Act shall be deposited in a separate subaccount in the State Wildlife Fund. Moneys in the subaccount may be expended only for the access and habitat programs recommended by the board for the benefit of the wildlife resources of the state. (2) The department shall credit the subaccount with a sum equal to 15 percent of the other fund budget (funds derived solely from hunting license and tag fees) allocated to the Green Forage and Deer Enhancement and Restoration programs. (3) The department shall not assess its personnel costs in the administration of this program against the subaccount without the prior approval of the Access and Habitat Board. (4) The board may accept, from whatever source, gifts or grants for access and habitat purposes. All moneys so accepted shall be deposited in the subaccount referenced in OAR 635-090-0040(1). Unless otherwise required by the terms of the gift or grant, gifts or grants shall be expended as provided in 635-090-0050. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 History: DFW 46-1999, f. & cert. ef. 6-15-99 DFW 48-1998, f. & cert. ef. 6-22-98 FWC 17-1994, f. & cert. ef. 3-10-94
635-090-0050 Access and Habitat Subaccount Expenditures All moneys made available for access and habitat programs from surcharges received under section 19 of the Act and from gifts and grants to the Access and Habitat Program may be expended only upon the recommendation of the board and the approval of the commission. Funds may be expended on programs that: (1) Benefit wildlife by improving habitat. Such programs shall be coordinated with the Wildlife Division and shall be in addition to programs provided by federal funds. These programs may: (a) Be on private land; (b) Provide seed and fertilizer to offset forage consumed by wildlife and for other programs that enhance forage; and (c) Be adjacent to agricultural and forest land to attract animals from those crops. (2) Promote access to public and private lands through contracting for various levels of management of these lands. These management programs may include: (a) Creating hunting lease programs that provide access at present levels or stimulate new access; (b) Controlling access; (c) Opening hunter access, including vehicle access; (d) Promoting land exchanges; (e) Promoting proper hunting behavior; or (f) Acquisition of easements. (3) Provide for wildlife feeding to alleviate damage, to intercept wildlife before they become involved in a damage situation, and for practical food replacement in severe winters. (4) Coordinate volunteers to improve habitat, repair damage to fences or roads by wildlife or recreationists, monitor orderly hunter use of public and private lands, and assist the Oregon State Police in law enforcement activities. (5) Administer the auction or raffle of access and habitat deer/elk tags to provide incentives for habitat or access projects. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 History: DFW 148-2009, f. 12-15-09, cert. ef. 1-1-10 DFW 46-1999, f. & cert. ef. 6-15-99 DFW 48-1998, f. & cert. ef. 6-22-98 FWC 17-1994, f. & cert. ef. 3-10-94
635-090-0060 Recommendations of the Access and Habitat Board (1) The Access and Habitat Board shall meet, adopt and recommend to the commission (at intervals not to exceed 120 days) access and habitat programs. (2) The commission shall review such programs and may approve or disapprove the program recommendation by the board. Funds may be expended from the subaccount referenced in OAR 635-090-0040(1) for projects that have been approved by the commission. (3) The department and board shall submit to the Legislature a joint report on the expenditure of funds for access and habitat programs and on the status of various projects. (4) In recommending access and habitat programs, the board shall: (a) Recommend a mix of projects that provides a balance between access and habitat benefits. (b) Recommend projects that are to be implemented by volunteers under volunteer coordinators and non-profit organizations engaged in approved access and habitat activities. (c) Recommend programs that recognize and encourage the contributions of landowners to wildlife and programs that minimize the economic loss to those landowners. (d) Encourage agreements with landowners who request damage control hunts to ensure public access to those hunts. (e) Encourage projects that result in obtaining matching funds from other sources. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 History: DFW 46-1999, f. & cert. ef. 6-15-99 DFW 48-1998, f. & cert. ef. 6-22-98 FWC 17-1994, f. & cert. ef. 3-10-94
635-090-0070 Regional Access and Habitat Advisory Councils (1) Individuals who reside in the department's various regions may form advisory councils to discuss and consider access and habitat programs and projects and to make recommendations to the Access and Habitat Board. (a) Advisory council membership shall be in the same representative proportions as described for the board at 635-090-0030(1) and (2). (b) Regional Advisory Councils may be established as needed to adequately represent the land base and geographic areas of the state. (c) The board shall consult with the Advisory Council for a region (if one exists) when considering proposals affecting that region. (2) Employees of the department may act in an advisory capacity to the various councils. (3) An individual shall receive no compensation or expenses for service as a member. (4) Regional Advisory Council members shall be appointed by the Access and Habitat Board as follows: (a) Council applicants shall be sought via public notice by the department, Access and Habitat Board or Regional Advisory Council. (b) Interested applicants shall submit an application to the department for consideration by the prospective Regional Advisory Council and Access and Habitat Board. (c) In making appointments to each Regional Advisory Council pursuant to this section, the Access and Habitat Board shall consider recommendations from the respective Regional Advisory Council. (5) Regional Advisory Council members shall serve four-year terms. Members of the council are eligible for appointment to two consecutive terms. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 History: DFW 46-1999, f. & cert. ef. 6-15-99 DFW 48-1998, f. & cert. ef. 6-22-98 FWC 17-1994, f. & cert. ef. 3-10-94
635-090-0080 Access and Habitat Project Application (1) Any public, private or non profit organization, or individual may propose an access and habitat project for funding. (2) Proposed projects shall be submitted to the board in writing and on forms provided by the board. (3) A separate application is required for each proposed project or project site. (4) Each project application must provide: (a) Well-defined and/or measurable goals; (b) Measures to achieve project goals; (c) The location and duration of the project, including the beginning and the ending date; (d) Estimated project costs and estimated contribution of the project to public access and/or habitat protection; (e) Standards for monitoring the effectiveness of habitat maintenance or enhancement or access measures; and (f) A mechanism to modify the project to meet the agreed upon goals. (5) Incomplete applications may be returned to the project sponsor for completion. (6) The board or commission may require any additional information deemed necessary to evaluate the project proposal. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 History: DFW 40-2000, f. & cert. ef. 7-25-00 DFW 46-1999, f. & cert. ef. 6-15-99 DFW 48-1998, f. & cert. ef. 6-22-98 FWC 17-1994, f. & cert. ef. 3-10-94
635-090-0090 Evaluation Criteria for Proposed Access and Habitat Projects (1) All proposed access and habitat projects shall be evaluated by the board for consistency with department wildlife and habitat management goals and objectives as set forth in administrative rules, species and/or management area plans, and department habitat conservation standards and guidelines approved or adopted by the commission. (2) The Board shall not recommend a project for funding if it finds the project: (a) Is inconsistent with the intent of the Act; (b) Is contrary to sound biological principles; (c) Proposes inappropriate measures or methods to accomplish the project objectives; (d) Is inconsistent with statewide land use planning goals and local acknowledged land use plans; or (e) Violates department goals, policies, administrative rules, or species or other management plans approved or adopted by the commission. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 History: DFW 46-1999, f. & cert. ef. 6-15-99 DFW 48-1998, f. & cert. ef. 6-22-98 FWC 17-1994, f. & cert. ef. 3-10-94
635-090-0100 Commission Approval of Proposed Access and Habitat Projects (1) The commission shall review the board’s recommendations and may approve or disapprove any or all projects recommended for funding. (2) The board shall attach terms and conditions to project proposals necessary to protect and enhance the state’s wildlife and their habitat. Terms and conditions shall include but are not limited to requiring the project sponsor to: (a) Acquire written approval from the board prior to initiating the project; (b) Agree to complete the project as approved by the commission and within the timeframe specified in the grant agreement; (c) Obtain all necessary water rights, access agreements, easements, use permits or any other permits needed to undertake the project. Copies shall be provided to the board prior to commencing the project; (d) File with the board a written request for permission to modify the project. Proposed modifications shall include the rationale for the requested change and shall be submitted to and approved by the board and the commission prior to initiating any work proposed in the modification; (e) Submit a project report at the completion of the project describing the work done; (f) Monitor and report the effectiveness of the project during the grant agreement period; (g) Allow access to the project by commission or board members (or their representatives) to monitor and/or evaluate the project; and (h) Account for access and habitat funds distributed by the department. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 History: DFW 46-1999, f. & cert. ef. 6-15-99 DFW 48-1998, f. & cert. ef. 6-22-98 FWC 17-1994, f. & cert. ef. 3-10-94
635-090-0110 Revocation of Access and Habitat Project Approval (1) The commission may revoke approval of a project if, after consultation with the board, it determines that: (a) Implementation of the project has exceeded or is inconsistent with the approved project proposal; (b) The project sponsor has violated any term or condition imposed on the project; (c) The project does not meet its proposed objectives; or (d) The project is inconsistent with current department goals, policies or management plans. (2) Proceedings to revoke approval of a project shall be conducted in accordance with ORS 183.413 through 183.550. (3) The revocation of the approval of a project shall automatically invalidate any department permits issued for such project as of the date of revocation. (4) Revocation of approval for an access and habitat project is in addition to and not in lieu of other penalties provided by law. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 History: DFW 46-1999, f. & cert. ef. 6-15-99 DFW 48-1998, f. & cert. ef. 6-22-98 FWC 17-1994, f. & cert. ef. 3-10-94
635-090-0120 Access and Habitat Project Grant Agreement (1) Project sponsors other than the department shall enter into a grant agreement with the department prior to initiating the access and habitat project. (2) The department shall distribute no funds under a grant agreement until it receives satisfactory evidence that all necessary permits and licenses have been granted and the required documents submitted. (3) The department may release advance funds upon presentation of a detailed estimate of expenses for a time period specified in the grant agreement. The department will release no additional funds until the project sponsor submits all receipts for expenditures of the advance fund release. (4) The department may release funds upon presentation of a completed Fund Release Request form accompanied by proof of the completion of specific work elements of the project as identified in the grant agreement. Proof of completion may include paid receipts of invoices for materials or contracted labor, or inspection reports. (5) Except for grants of less than $2,000, the department shall retain a minimum of 10 percent of project funds until it receives the report required in OAR 635-090-0100(2)(e) and it evaluates the project for completion and compliance with the grant agreement. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 History: DFW 48-1998, f. & cert. ef. 6-22-98 FWC 17-1994, f. & cert. ef. 3-10-94
635-090-0130 Landowner Preference Tags A landowner who is qualified to receive landowner preference tags from the commission may request from the board two additional tags for providing current public access and two additional tags for current wildlife habitat programs. (1) This request shall be made with supporting evidence that the access is significant and the habitat programs benefit wildlife. (2) The board may recommend that the commission grant the request. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 History: DFW 48-1998, f. & cert. ef. 6-22-98 FWC 17-1994, f. & cert. ef. 3-10-94