justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 496 — Application, Administration

ORS 496.280. Findings. The Legislative Assembly finds, in the interest of all Oregonians, a necessity to improve Oregons fishery resource through the further involvement of its citizens and through support by additional financial revenues. [1989 c.512 2] Note:
ORS Chapter 496 — Application, Administration

ORS 496.283. Use of certain moneys; limitations on expenditures. (1) Notwithstanding ORS 506.306, all moneys received by the State Fish and Wildlife Commission pursuant to ORS 497.126, 508.288 and 508.506 shall be deposited in a separate subaccount in the State Wildlife Fund. Except as provided in subsection (2) of this section, moneys in the subaccount may be expended only for State Department of Fish and Wildlife fish restoration and enhancement programs for the benefit of the fish resources of this state. (2) Fees collected from salmon ranching permits authorized under ORS 508.700 to 508.745 may not be commingled with public fishery funds collected and deposited in the subaccount referred to in this section. Notwithstanding any other provision of law, the department shall use moneys from salmon ranching permits authorized under ORS 508.700 to 508.745 to monitor the effect and impact of private salmon ranching on the fishery resources of Oregon. (3) The department: (a) May not divert budgeted funds to other projects as funds pursuant to ORS 497.126, 508.288 and 508.506 become available. (b) May use the subaccount moneys only for programs vital to the restoration of Oregon fisheries as required by Oregon Revised Statutes and administrative rules. (c) May not assess department personnel costs in the administration of activities benefiting fish restoration and enhancement programs against the subaccount referred to in this section without the prior approval of the Restoration and Enhancement Board.
ORS Chapter 496 — Application, Administration

ORS 496.286. Restoration and Enhancement Board. (1) There is established within the State Department of Fish and Wildlife the Restoration and Enhancement Board, consisting of seven members appointed by the State Fish and Wildlife Commission. (2) Three members shall be appointed to represent the ocean and inland recreational fisheries. In making appointments pursuant to this subsection, the commission shall consider recommendations from the State Fish and Wildlife Director. (3) Three members of the board shall be appointed to represent the commercial salmon industry. In making appointments pursuant to this subsection, the commission shall consider recommendations from the State Fish and Wildlife Director. (4) One member of the board shall be appointed to represent the public. (5) A member of the board shall receive no compensation for services as a member. However, subject to any applicable law regulating travel and other expenses of state officers and employees, a member shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties from such moneys made available by ORS 497.126, 508.288 and 508.506. (6) The term of office of a member of the board is four years. A member of the board is eligible for reappointment. (7) An official action of the board may be taken only upon the affirmative vote of four members. (8) The board shall select such officers for such terms and with such duties and powers as the board considers necessary for the performance of those offices. (9) Subject to ORS 496.289 (2), the board shall meet at such times and at such places as may be determined by the chair or by the majority of the members of the board.
ORS Chapter 496 — Application, Administration

ORS 496.289. Duties of board; report to legislature; recommendations for programs. (1) As used in this section: (a) Enhancement includes, but is not limited to, the following activities: (A) Angler access. (B) New fishways and screens. (C) Habitat. (D) New hatchery equipment and technology. (E) Public education. (F) Aquatic inventories. (b) Restoration includes, but is not limited to, the following activities: (A) Modification of existing fishways and existing screens. (B) Hatchery restoration. (C) Liberation equipment. (2) The Restoration and Enhancement Board shall meet at least four times each biennium. (3) The board shall adopt recommendations regarding fish restoration and enhancement programs and present the recommendations to the State Fish and Wildlife Commission. (4) The commission shall review fish restoration and enhancement programs and may approve or disapprove program recommendations made by the board. Funds may be expended from the subaccount referred to in ORS 496.283 for projects that have been approved by the commission. (5) The State Department of Fish and Wildlife and the board jointly shall submit to each odd-numbered year regular session of the Legislative Assembly a report on expenditure of funds for the fish restoration and enhancement program and on the status of various projects. (6) In recommending fish restoration and enhancement programs, the board shall: (a) Recommend a mix of projects that provide a balance between restoration and enhancement benefits. (b) Recommend projects that are to be implemented by the salmon and trout enhancement program and nonprofit organizations engaged in approved restoration and enhancement activities. (c) Encourage projects that result in obtaining matching funds from other sources. (7) All moneys made available for the fish restoration and enhancement program from funds received under ORS 497.126, 508.288 and 508.506 and from gifts and grants made to carry out the fish restoration and enhancement program may be expended only if recommended by the board and approved by the commission. Such amounts may be expended: (a) On programs benefiting the commercial fishing industry in the same proportion as revenues received from surcharges under ORS 508.288 and 508.506 bear to the total amount of surcharge revenues. (b) On programs benefiting recreational angling in the same proportion as revenues received from the dedication under ORS 497.126 bear to the total amount of dedicated revenues. (8) The board may accept, from whatever source, gifts or grants for the purposes of fish restoration and enhancement. All moneys so accepted shall be deposited in the subaccount referred to in ORS 496.283. Unless otherwise required by the terms of a gift or grant, gifts or grants shall be expended as provided in subsection (7) of this section.
ORS Chapter 496 — Application, Administration

ORS 496.291. Advisory councils; recommendations to board; consultation with councils. (1) Individuals who reside in the various regions established for administration of the salmon and trout enhancement program may form advisory councils to discuss and consider fish restoration and enhancement programs and projects and shall make recommendations thereon to the Restoration and Enhancement Board. When the board considers proposals affecting a region, the board shall consult with the advisory council for that region if one exists. (2) Employees of the State Department of Fish and Wildlife who are residents of the various regions may act in an advisory capacity to the various councils. (3) Individuals who serve as members of an advisory council shall receive no compensation or expenses for service as a member. [1989 c.512 13] STATE WILDLIFE FUND; RECEIPTS AND EXPENDITURES
ORS Chapter 496 — Application, Administration

ORS 496.306. Compensation for damage done by bear and cougar not to be paid from State Wildlife Fund. If the State Department of Fish and Wildlife is required to pay compensation for damage activities of bear and cougar to people, real property, livestock, or agricultural or forest products, the compensation, and any attorney fees, shall not be paid from the State Wildlife Fund, but shall be paid from such other moneys as shall be available therefor.
ORS Chapter 496 — Application, Administration

ORS 496.310. [Amended by 1959 c.692 7; repealed by 1967 c.451 32]
ORS Chapter 496 — Application, Administration

ORS 496.311. Limitation on size of revolving fund. Notwithstanding any other provision of law, the revolving fund referred to in ORS 496.300 shall not exceed $40,000.
ORS Chapter 496 — Application, Administration

ORS 496.330. [Amended by 1971 c.658 7; repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.335. [Repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.345. [1959 c.692 5; 1963 c.481 1; part renumbered 506.345; repealed by 1971 c.446 11] WILLAMETTE RIVER BASIN BONNEVILLE POWER ADMINISTRATION STEWARDSHIP FUND
ORS Chapter 496 — Application, Administration

ORS 496.350. Willamette River Basin Bonneville Power Administration Stewardship Fund; sources; uses. (1) The Willamette River Basin Bonneville Power Administration Stewardship Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Willamette River Basin Bonneville Power Administration Stewardship Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Department of Fish and Wildlife for long-term operation, maintenance and protection activities that preserve or advance the conservation values of properties purchased under the Willamette River Basin Memorandum of Agreement Regarding Wildlife Habitat Protection and Enhancement between the State of Oregon and the Bonneville Power Administration, dated October 22, 2010. Moneys in the fund may not be used to purchase property or easements. (2) The Willamette River Basin Bonneville Power Administration Stewardship Fund shall consist of moneys accepted by this state pursuant to the Willamette River Basin Memorandum of Agreement Regarding Wildlife Habitat Protection and Enhancement between the State of Oregon and the Bonneville Power Administration, dated October 22, 2010. (3) Moneys in the Willamette River Basin Bonneville Power Administration Stewardship Fund may, with the approval of the State Treasurer, be invested as provided by ORS 293.701 to 293.857, and the earnings from such investment shall be credited to the Willamette River Basin Bonneville Power Administration Stewardship Fund. [2013 c.121 1] Note:
ORS Chapter 496 — Application, Administration

ORS 496.375. Nongame wildlife defined. As used in ORS 496.385 and 496.390 nongame wildlife means all wildlife species over which the State Fish and Wildlife Commission has jurisdiction, except game mammals, as defined in ORS 496.004, fur-bearing mammals as defined in ORS 496.004, game birds as defined in ORS 496.007 and game fish as defined in ORS 496.009.
ORS Chapter 496 — Application, Administration

ORS 496.385. Nongame Wildlife Fund. (1) There is established as a separate and distinct fund in the State Treasury a Nongame Wildlife Fund. The Nongame Wildlife Fund shall consist of: (a) An amount credited to the fund under ORS 305.690 to 305.753, which shall be transferred by the Department of Revenue to the fund. (b) Gifts, grants and donations, in money or otherwise, for use as described in subsection (2) of this section, which the State Treasurer may solicit and accept from private and public sources and shall cause to be deposited and credited to the Nongame Wildlife Fund. (c) Interest or other earnings on the amounts described in paragraphs (a) and (b) of this subsection which shall inure to the benefit of the Nongame Wildlife Fund. (2) Moneys contained in the Nongame Wildlife Fund are continuously appropriated for the purposes specified in ORS 496.390.
ORS Chapter 496 — Application, Administration

ORS 496.390. Control over fund by department; use of moneys. The State Department of Fish and Wildlife shall have access to and control of the moneys held in the Nongame Wildlife Fund, but shall use such moneys only to protect and preserve nongame wildlife and their habitat.
ORS Chapter 496 — Application, Administration

ORS 496.405. [Amended by 1971 c.658 7a; repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.410. [Repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.415. [Amended by 1971 c.658 8; repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.420. [1959 c.146 1; repealed by 1973 c.723 130] SALMON AND TROUT ENHANCEMENT
ORS Chapter 496 — Application, Administration

ORS 496.430. Definitions for ORS 496.430 and 496.435 to 496.455. As used in this section and ORS 496.435 to 496.455: (1) Enhancement means resource conservation, utilization and educational activities that contribute to the recovery and sustainability of native fish. (2) Listed unit means one population or a group of populations of a species, such as an evolutionarily significant unit, that has been listed as threatened or endangered under the federal Endangered Species Act of 1973 (P.L. 93-205), as amended, or under ORS 496.171 to 496.192. (3) Native fish means indigenous to Oregon and not introduced. Naturally produced fish and hatchery produced fish are both native fish if the fish are indigenous to Oregon and not introduced. (4) Native stocks means those fish indigenous to Oregon that naturally propagate in a given watershed. (5) Naturally produced means a fish that reproduces and completes its full life cycle in its natural habitat. The naturally produced progeny of hatchery fish are naturally produced. (6) Population means a group of fish that: (a) Originates and reproduces in a particular area at a particular time; (b) Does not interbreed to any substantial degree with any other group reproducing in a different area or in the same area at a different time; and (c) Is composed of naturally produced fish, hatchery produced fish or a combination of both. (7) Recovery means that a proportion of the constituent populations of naturally produced native fish belonging to a listed unit are sufficiently abundant, productive and diverse in life histories and distribution such that the listed unit as a whole will be self-sustaining into the foreseeable future. (8) Self-sustaining means having a sufficient proportion and distribution of constituent populations that: (a) Are likely to survive prolonged periods of habitat, oceanic, climatic and environmental conditions that are detrimental to a population; and (b) Have habitat of sufficient quality and quantity that is likely to provide survival rates adequate to maintain associated ecological, cultural and economic benefits.
ORS Chapter 496 — Application, Administration

ORS 496.435. Policy to recover and sustain native stocks. Consistent with other provisions of law, it is declared to be a goal of the people of the State of Oregon to achieve recovery and sustainability of native stocks of salmon and trout. In order to achieve this goal in a cost-effective manner, the State of Oregon shall engage in a program to rehabilitate and improve natural habitat and native stocks and ensure that the level of harvest does not exceed the capacity of stocks to reproduce themselves. The State of Oregon shall promote rehabilitation of salmon and trout populations by reintroducing the fish to habitats by using the salmon and trout enhancement program and remote hatchboxes.
ORS Chapter 496 — Application, Administration

ORS 496.440. Enhancement program to be conducted by commission; objective. A salmon and trout enhancement program shall be conducted by the State Fish and Wildlife Commission to benefit all users of the salmon and trout resources in this state. The program shall be conducted in such manner as to provide the greatest possible opportunity for citizen volunteer participation to achieve the goals of the program.
ORS Chapter 496 — Application, Administration

ORS 496.445. Duties of commission. In carrying out the salmon and trout enhancement program, the State Fish and Wildlife Commission shall: (1) Provide appropriate State Department of Fish and Wildlife personnel to act as community advisors to cooperatively develop enhancement projects with citizen volunteers and to cooperatively evaluate enhancement projects with the citizens responsible for project implementation. (2) Provide technical assistance to citizens responsible for implementation of enhancement projects. (3) Coordinate the implementation of enhancement projects with the activities of department staff and other agencies. (4) Provide educational and informational materials to promote public awareness and involvement in the salmon and trout enhancement program. (5) Supervise the activities of citizens developing local brood stock for enhancement projects. (6) Grant funds to citizens for the implementation of approved enhancement projects from such moneys as may be available to the commission therefor. (7) Develop and implement a remote hatchbox program as described in ORS 496.458. (8) Report annually to the Legislative Assembly on the progress of the salmon and trout enhancement program.
ORS Chapter 496 — Application, Administration

ORS 496.450. Application for project; subjects for projects; conditions for approval. (1) Any citizen or group of citizens may submit to the State Fish and Wildlife Commission a proposal for a project consistent with the recovery or sustainability of native stocks to be implemented under the salmon and trout enhancement program or may submit a request for advice and assistance in developing such a project. (2) An enhancement project may include, but is not limited to, habitat improvement, installation and operation of streamside incubators, brood stock development, fish stocking and spawning ground surveys and data collection. (3) The commission shall approve for implementation only those enhancement projects based on sound biological principles and shall use fish stocks most adapted to the project locale. To the greatest extent practicable, a project must be designed to maximize survival, adult returns and genetic diversity while minimizing disease. (4) Conditions for approval by the commission for implementation of a project include but are not limited to: (a) Provisions satisfactory to the commission for inspection and evaluation of the implementation of a project; and (b) Provisions satisfactory to the commission for controlling the expenditure of and accounting for any funds granted by the commission for implementation of the project.
ORS Chapter 496 — Application, Administration

ORS 496.455. Use of native stocks for projects; conditions. In carrying out any duties, functions or power under the wildlife laws or the commercial fishing laws, the State Fish and Wildlife Commission may authorize the taking of native stocks and their sexual products, but may not provide any such native stocks or the sexual products therefrom to any person granted a permit by the commission pursuant to ORS 508.700 to 508.745 unless, at a minimum, sufficient fish are returned to the donor stream to compensate fully for native smolts which might have resulted from eggs removed from the donor stock. When entering into a contract for the taking of native stock with a person granted a permit pursuant to ORS 508.700 to 508.745, the commission shall consider the use of the facilities for the taking of additional native stock for public management activities, including the salmon and trout enhancement program.
ORS Chapter 496 — Application, Administration

ORS 496.458. Remote hatchbox program; rules. (1) The State Fish and Wildlife Commission shall develop and implement a remote hatchbox program. (2) To implement the remote hatchbox program required under subsection (1) of this section, the commission shall: (a) Identify sites in tributaries that are suitable for remote hatchboxes; (b) Adopt rules necessary to implement the remote hatchbox program; (c) Investigate the potential of producing remote hatchboxes through an adult in custody work program of the Department of Corrections; and (d) Report annually to the Legislative Assembly on the progress of the remote hatchbox program. The report shall include but need not be limited to the sites the commission has chosen, a copy of rules the commission has adopted and findings on the extent to which the commission is utilizing labor, supplies or services provided by an adult in custody work program. (3) Rules adopted by the commission under subsection (2) of this section shall: (a) Ensure that the program is scientifically sound; (b) Be consistent with the goals of the Oregon Plan, as described in ORS 541.898; and (c) Identify protocols for determining when the use of remote hatchboxes is an appropriate activity under the Oregon Plan.
ORS Chapter 496 — Application, Administration

ORS 496.460. Salmon and Trout Enhancement Program Advisory Committee; members; duties and powers; travel and expenses. (1) The Salmon and Trout Enhancement Program Advisory Committee is established as an advisory committee to the State Fish and Wildlife Commission. The committee shall be of such size and have such geographical representation as the commission determines appropriate. Members of the committee shall be appointed by the Governor. (2) The committee shall review the policies of the State Department of Fish and Wildlife and make recommendations to the State Fish and Wildlife Commission and to the department concerning the implementation of salmon and trout enhancement projects. (3) A member of the committee shall receive no compensation for services as a member. However, subject to any applicable law regulating travel and other expenses of state officers and employees, a member shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties from such moneys as may be available to the department therefor.
ORS Chapter 496 — Application, Administration

ORS 496.465. Interference with project prohibited. Except for activities or projects authorized by a unit of municipal, state or federal government, no person shall disturb, damage, destroy or interfere with the operation of a salmon and trout enhancement project referred to in ORS 496.450. [1989 c.940 2] ADOPTION OF PLANS FOR NATURAL PRODUCTION OF ANADROMOUS FISH RUNS
ORS Chapter 496 — Application, Administration

ORS 496.470. Natural production of anadromous fish; rules; priorities. (1) The State Fish and Wildlife Commission shall adopt by rule plans for the natural production of anadromous fish runs in the basins set forth in subsection (2) of this section. The commission shall adopt the plans after government-to-government consultation in the forum established pursuant to United States v. Oregon, United States District Court Case No. 68-513 MA, among the State Department of Fish and Wildlife and the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon and the Nez Perce Tribe. (2) The basins for which plans may be adopted under subsection (1) of this section are: (a) Hood; (b) Deschutes; (c) Fifteenmile Creek; (d) John Day; (e) Umatilla; (f) Walla Walla; (g) Grande Ronde; and (h) Imnaha. (3) Of the basins set forth in subsection (2) of this section, the commission shall give priority to adopting plans for the Grande Ronde, Imnaha, Umatilla, Walla Walla and Hood basins. [1999 c. 671 1; 2001 c.97 1] Note:
ORS Chapter 496 — Application, Administration

ORS 496.475. Adoption of basin plans. The plans adopted pursuant to ORS 496.470 shall: (1) Incorporate sound science; (2) Be based upon adaptive management, incorporating monitoring and evaluation and clearly defined objectives and outcomes; (3) Benefit fish and wildlife; (4) Be consistent with efforts of the State of Oregon to recover salmonid populations listed under the federal Endangered Species Act, 16 U.S.C. 1531 to 1544; and (5) Include a risk versus benefit analysis to wild fish. [1999 c.671 2; 2001 c.97 2] Note: See note under
ORS Chapter 496 — Application, Administration

ORS 496.480. Reports on basin plans. The State Department of Fish and Wildlife shall report at least once every six months to the appropriate legislative committee and the Governor on the progress of the department and the State Fish and Wildlife Commission in implementing ORS 496.470 and 496.475. [1999 c.671 3; 2001 c.97 3] Note: See note under