reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.171 - Definitions for ORS 496.171 to 496.182; applicability date.

Notwithstanding ORS 496.004, with respect to state agency actions taken under ORS 496.171 to 496.182 after July 17, 1995, as used in ORS 496.171 to 496.182:
(1) "Conservation" means the use of methods and procedures necessary to bring a species to the point at which the measures provided under ORS 496.171 to 496.182 are no longer necessary. Such methods and procedures include, but are not limited to, activities associated with scientific resource management such as research, census taking, law enforcement, habitat acquisition and maintenance, propagation and transplantation.
(2) "Native" means indigenous to Oregon, not introduced.
(3) "Species" means any group or population of wildlife that interbreeds and is substantially reproductively isolated.
(4) "Verifiable" means scientific information reviewed by a scientific peer review panel of outside experts who do not otherwise have a vested interest in the process. [1995 c.590 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.172 - Commission management authority for threatened or endangered species; rules.

In carrying out the provisions of the wildlife laws with regard to the management of wildlife that is a threatened species or an endangered species, the State Fish and Wildlife Commission:
(1) Shall conduct investigations of wildlife species native to this state and shall determine whether any such species is a threatened species or an endangered species.
(2) By rule, shall establish and publish, and from time to time may revise, a list of wildlife species that are threatened species or endangered species. Listed threatened species or endangered species shall be protected as provided in ORS 496.182.
(3) Shall work cooperatively with state agencies that have land management authority or regulatory authority to determine their roles within their statutory obligations in the conservation of endangered species, as described in ORS 496.182 (8).
(4) By rule, shall establish a system of permits for scientific taking of threatened species and endangered species and shall establish a system of state permits for incidental taking of state-designated threatened species and endangered species not listed by the federal government under such terms and conditions as the commission determines will minimize the impact on the species taken. An incidental taking permit or statement issued by a federal agency for a species listed under the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended, shall be recognized by the state as a waiver of any state protection measures or requirements otherwise applicable to the actions allowed under the federal permit.
(5) Shall cooperate with the State Department of Agriculture in carrying out the provisions of ORS 564.105.
(6) Shall adopt administrative rules to carry out the provisions of ORS 496.171 to 496.182 and 498.026. [1987 c.686 §3; 1995 c.590 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.192 - Effect of law on commercial forestland or other private land; effect on other laws.

(1) Nothing in ORS 496.004, 496.171 to 496.182 or 498.026 is intended, by itself, to require an owner of any commercial forestland or other private land to take action to protect a threatened species or endangered species, or to impose additional requirements or restrictions on the use of private land.
(2) Notwithstanding subsection (1) of this section, other statutes may authorize administrative rules or programs to protect wildlife species, including threatened species or endangered species, and nothing in ORS 496.004, 496.171 to 496.182 or 498.026 shall diminish the force or effect of such rules or programs. [1987 c.686 §6a]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.201 - Department to furnish salmon for ceremonies; amount; source.

(1) The State of Oregon shall, through the State Department of Fish and Wildlife, provide surplus salmon:
(a) To the Confederated Coos, Lower Umpqua and Siuslaw Indian tribes for their historical, traditional and cultural salmon ceremonies that take place each year.
(b) To the Cow Creek Band of the Umpqua Indians for their historical, traditional and cultural salmon ceremonies that take place each year.
(c) To the Coquille Tribe for their historical, traditional and cultural salmon ceremonies that take place each year.
(d) To the Burns Paiute Tribe for their historical, traditional and cultural salmon ceremonies that take place each year.
(2) The salmon provided by the state shall meet the expressed needs of the Confederated Coos, Lower Umpqua and Siuslaw tribes, up to 1,000 pounds total, the Coquille Tribe, up to 1,000 pounds total, the Cow Creek Band of the Umpqua Indians, up to 1,000 pounds total, and the Burns Paiute Tribe, up to 500 pounds total.
(3) The salmon provided by the state may be either surplus whole fish or carcasses.
(4) Salmon may be taken from hatcheries under either the complete or joint control of the state. [1981 c.575 §2; 1987 c.99 §1; 1993 c.460 §1; 1995 c.137 §1; 2001 c.611 §2; 2001 c.651 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.206 - Written request for salmon; contents; time for providing salmon.

(1) The Indian tribes referred to in ORS 496.201 (1) are required to set forth, in writing, their request for salmon. This request shall be submitted by the duly elected tribal governing body no later than 40 days prior to the ceremony and shall include:
(a) The poundage of salmon required;
(b) The date of the ceremony; and
(c) A contact person that the state may refer questions to.
(2) Prior to any state action, the written request must be received by:
(a) The State Department of Fish and Wildlife;
(b) The Attorney General; and
(c) The United States Department of Interior.
(3) The salmon shall be provided to the Indian tribes referred to in ORS 496.201 (1) no later than 30 days after receiving a proper written request therefor. [1981 c.575 §3; 1987 c.99 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.211 - Limitation on amount and use.

(1) The State of Oregon shall be limited to a once a year provision of salmon pursuant to ORS 496.201.
(2) If the Indian tribes referred to in ORS 496.201 (1) use salmon provided by the state for this purpose in any manner other than that described in ORS 496.201, they shall pay to the State Department of Fish and Wildlife the prevailing wholesale rate per pound of the entire amount of salmon supplied to that tribe or tribes for that year. [1981 c.575 §4; 1987 c.99 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.216 - Disposition of salmon remaining after ceremony.

Any salmon remaining after the ceremony may be distributed to tribal members without charge for their subsistence consumption only and not for sale, barter or gift to others, or may be donated to a nonprofit institution or agency. [1981 c.575 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.221 - ORS 496.201 to 496.221 not intended to extend Indian legal or political rights.

Nothing in ORS 496.201 to 496.221 is intended to extend legal or political recognition to any Indians described in ORS 496.201 (1) for any purpose other than provided in ORS 496.201 to 496.216. [1981 c.575 §6; 1987 c.99 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.228 - Access and Habitat Board; qualification of members; expenses; term; meetings.

(1) There is established within the State Department of Fish and Wildlife the Access and Habitat Board, consisting of seven members appointed by the State Fish and Wildlife Commission.
(2) Three members shall be appointed to represent the broad spectrum of hunters. 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 broad spectrum of agriculture and timber landowners. In making appointments pursuant to this subsection, the commission shall consider recommendations from the State Fish and Wildlife Director from a list of at least five persons submitted by the State Forester and the Director of Agriculture.
(4) One member of the board shall be appointed to represent the public and shall serve as the board chairperson.
(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 as are made available by ORS 497.104.
(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 at least 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) 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. [1993 c.659 §15; 2009 c.291 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.236 - Advisory councils to board; duties; no compensation or expenses for members.

(1) Individuals who reside in the various regions established for administration of the wildlife resources may form advisory councils, with membership in the same proportion as described for the board, to discuss and consider access and habitat programs and projects and to make recommendations thereon to the Access and Habitat 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 or other professional biologists who are residents of the various regions may act in an advisory capacity to the various councils.
(3) An individual who serves as a member of an advisory council shall receive no compensation or expenses for service as a member. [1993 c.659 §17]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.242 - Access and habitat program funds.

(1) Notwithstanding ORS 496.300, all moneys received by the State Fish and Wildlife Commission pursuant to ORS 497.104 shall be deposited in the Access and Habitat Board Subaccount established in the Fish and Wildlife Account. Moneys in the subaccount may be expended only for the access and habitat programs recommended by the Access and Habitat Board for the benefit of the wildlife resources of this state.
(2) The State Department of Fish and Wildlife shall credit the subaccount with a sum equal to 15 percent of the other fund budget for the green forage and Deer Enhancement and Restoration programs in each biennium.
(3) The department shall not assess its personnel costs in the administration of ORS 496.169 and 496.228 to 496.242 against the subaccount referred to in this section without the prior approval of the Access and Habitat Board. [1993 c.659 §14; 2001 c.822 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.246 - Use of public lands for hunting; requirements regarding closure of access to public lands; exceptions.

(1)(a) As used in this section, "public lands" means any land, or improvements thereon, owned by the State of Oregon.
(b) Public lands open to access and use for hunting shall remain open to access and use for hunting, except as limited by a state agency for reasons of public safety or wildlife management or for any other reason determined by a state agency to be in the public interest. However, a state agency is not required to give preference to hunting over other uses of public lands.
(2) In implementing subsection (1) of this section, state agencies shall, to the greatest extent practicable, avoid making determinations that result in a net loss of access to hunting on public lands.
(3)(a) Before a state agency restricts or closes access to public lands open to access and use for hunting, the state agency shall notify the State Department of Fish and Wildlife in a sufficient amount of time of the plans to restrict or close access to the public lands in order to allow the department to post notice pursuant to paragraph (b) of this subsection.
(b) In order to give hunters notice that a state agency plans to restrict or close access to public lands open to access and use for hunting and before a state agency may restrict or close access to the public lands, the department shall post notice on the department’s website for 30 days after it receives notification under paragraph (a) of this subsection.
(c) Paragraphs (a) and (b) of this subsection do not apply to restrictions or closures for:
(A) Emergencies.
(B) Fire prevention pursuant to the provisions of ORS 401.165 to 401.236 or 477.535 to 477.550.
(C) Critical wildlife management activities.
(4) On or before January 1 of each year, the State Fish and Wildlife Director shall submit a report to the Legislative Assembly that describes:
(a) The amount, in acres, of public lands open to access and use for hunting that has been closed to hunting by state agencies in the previous calendar year and the reasons for each closure; and
(b) The amount, in acres, of public lands that has been opened to access and use for hunting by state agencies in the previous calendar year. [2011 c.454 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.257 - Private Forest Accord Grant Program; rules.

(1) As used in this section, "forestland" and "forest practice" have the meanings given those terms in ORS 527.620.
(2) The State Fish and Wildlife Commission shall establish by rule a Private Forest Accord Grant Program for the purpose of funding projects that mitigate impacts of forest practices by:
(a) Removing structures that block the passage of aquatic organisms or repairing the structures to promote the passage of aquatic organisms.
(b) Placing logs or other wood-based material in streams to promote natural stream functions.
(c) Conserving, recruiting or reintroducing beavers to restore aquatic landscapes.
(d) Developing or sustaining healthy riparian corridors or wet meadow complexes to reduce burn intensity during fires and protect streams from excess sediment after a fire.
(e) Applying restoration treatments to densely stocked, single-species stands of trees to hasten the return of riparian function after tree harvesting.
(f) Applying restoration treatments to stands of trees to enhance historic species diversity that benefits riparian function.
(g) Supporting establishment of conservation easements on land other than forestland to protect riparian areas.
(h) Supporting acquisition of an existing water right for conversion to an in-stream water right, as described in ORS 537.348, to improve in-stream flow conditions.
(i) Installing fencing or otherwise excluding grazing in riparian areas or around seeps or springs.
(j) Installing off-stream stockwater systems or hardened watering gaps to reduce the effects of grazing on aquatic organisms.
(k) Undertaking other measures that effectively conserve or restore habitat for aquatic organisms addressed by a habitat conservation plan that is consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022.
(3) In administering the program, the commission:
(a) Shall develop criteria for awarding a grant and a process for applying for a grant.
(b) Shall award grants to most effectively mitigate impacts of forest practices, consistent with advice from the Private Forest Accord Mitigation Advisory Committee.
(c) May award a grant to another agency.
(d) May require the recipient of a grant to report to the commission on the use of grant funds. [2022 c.33 §32]
Note:
496.257 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (note preceding 496.257).
Note:
496.257 and 496.259 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.264 - Findings.

The Legislative Assembly finds and declares that:
(1) Many small streams in eastern Oregon were historically inhabited by beaver populations and strongly influenced by beavers’ unique ability to modify their physical surroundings. Beaver dams had the effect of slowing the flow of water, allowing for natural overflow onto surrounding ancient floodplains and providing many positive benefits to stream ecosystems and to the hydrologic functioning of streams and adjacent water tables.
(2) Due, in part, to the near eradication of the once prevalent beaver populations, many stream systems have become severely degraded during the past century, developing deeply eroded and incised stream channels that have lost connectivity with the natural ancient floodplain. These changes to the stream systems have resulted in adverse environmental and economic impacts.
(3) The public policy of the State of Oregon is to encourage and support a program for voluntary stream restoration actions by landowners that can help restore both environmental and economic health to eastern Oregon through the construction of environmental restoration weirs, provided that the voluntary stream restoration actions do not have significant adverse consequences for the environment or existing water rights.
(4) Environmental restoration weirs constructed pursuant to ORS 496.266 may provide benefits to stream restoration that include:
(a) Improving habitat conditions;
(b) Slowing stream runoff;
(c) Decreasing the chance of catastrophic wildfire;
(d) Improving carbon sequestration; and
(e) Improving economic productivity of the adjacent ancient floodplain. [2021 c.63 §2]
Note:
496.264 and 496.266 were added to and made a part of the wildlife laws by legislative action but were not added to ORS chapter 496 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.268 - Fish and Wildlife Natural Climate Solutions Fund.

(1) The Fish and Wildlife Natural Climate Solutions Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Fish and Wildlife Natural Climate Solutions Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Department of Fish and Wildlife to:
(a) Carry out the provisions of ORS 468A.189 (5); and
(b) For the administrative expenses of the department in implementing ORS 468A.189, except that no more than 10 percent of moneys may be used for administrative expenses.
(2) The Fish and Wildlife Natural Climate Solutions Fund consists of moneys transferred to the fund under ORS 468A.187. [2023 c.442 §67]
Note:
496.268 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.270 - Immunity from liability for damages resulting from habitat or water quality improvement project; exceptions.

(1) The Legislative Assembly declares that it is the policy of the State of Oregon to encourage operators, timber owners and landowners to voluntarily improve fish and wildlife habitat. In order to carry out this policy, the Legislative Assembly encourages cooperation among operators, timber owners and landowners and other volunteers.
(2) Consistent with the limitations of ORS 105.672 to 105.696, a landowner is not liable in contract or tort for any personal injury, death or property damage that arises out of the use of the land by:
(a) A volunteer conducting a fish and wildlife habitat improvement project; or
(b) A participant of a state-funded or federally funded watershed or stream restoration or enhancement program.
(3) An operator, timber owner or landowner shall not be held liable for any damages resulting from:
(a) A fish and wildlife habitat improvement project done in cooperation and consultation with the State Department of Fish and Wildlife or the Oregon Watershed Enhancement Board, or conducted as part of a forest management practice in accordance with ORS 527.610 to 527.770, 527.990 and 527.992; or
(b) Leaving large woody debris within the waters of this state to protect, retain and recruit large woody debris for the purposes of fish habitat and water quality improvement.
(4) The limitations to liability provided by subsections (2) and (3) of this section do not apply if the damages, injury or death was caused by willful, wanton or intentional conduct on the part of the operator, timber owner or landowner or by the gross negligence of the operator, timber owner or landowner. As used in this subsection "gross negligence" means negligence which is materially greater than the mere absence of reasonable care under the circumstances, and which is characterized by indifference to or reckless disregard of the rights of others.
(5) The limitation on liability provided by subsection (3) of this section does not apply to claims for death or personal injuries. [1993 c.701 §2; 1997 c.207 §1; 1999 c.863 §3]
Note:
496.270 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.272 - Wildlife Corridor Action Plan.

(1) The State Department of Fish and Wildlife shall collect, analyze and develop the best available science and data regarding the connectivity of wildlife habitat areas. The State Department of Fish and Wildlife, in cooperation with the Department of Transportation, shall use the data to develop a plan, to be known as the Wildlife Corridor Action Plan, to preserve long-term habitat connectivity for wildlife as defined in ORS 496.004. The plan shall provide guidance for all state agencies to develop benchmarks for the designation and protection of wildlife corridors in Oregon.
(2) The Wildlife Corridor Action Plan shall, at a minimum, include:
(a) Identification of species of concern that are at risk from habitat fragmentation or barriers to species movement.
(b) Identification of the known migration and dispersal corridors for species identified under paragraph (a) of this subsection.
(c) A description of the potential effects of climate change on the movement of species identified under paragraph (a) of this subsection.
(d) Identification of known and potential human-caused barriers in Oregon that negatively affect wildlife habitat connectivity.
(e) A contemporary map showing existing and potential wildlife corridors and core high quality habitat areas.
(f) A list of areas for which designation of wildlife corridors, land acquisition or other agency actions are of high priority to protect wildlife movement or habitat connectivity. The bases for identification of the high priority areas shall include but not be limited to a designation of a species by the federal government or the State Fish and Wildlife Commission as an endangered species or threatened species.
(3) The State Department of Fish and Wildlife shall review and update the Wildlife Corridor Action Plan every five years. Prior to final adoption of the plan or of a plan update the department shall:
(a) Post the plan or update on the department website and provide an opportunity for public comment; and
(b) Deliver a copy of the plan or update to Senate and House interim or regular committees relating to natural resources.
(4) Prior to final adoption of a proposed update, the State Department of Fish and Wildlife shall prepare a report on implementation of the update, including but not limited to information concerning changes in the number of high priority wildlife corridors established or planned. The State Department of Fish and Wildlife shall post the report on the department website and deliver the report to Senate and House interim or regular committees relating to natural resources. [2019 c.272 §1]
Note:
496.272 and 496.273 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.273 - Agency assistance and advice regarding plan.

All agencies of state government, as defined in ORS 174.111, are directed to assist and advise the State Department of Fish and Wildlife in the development of the Wildlife Corridor Action Plan and in the five-year reviews of the plan required under ORS 496.272. [2019 c.272 §2]
Note:
See note under 496.272.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.280 - Findings.

The Legislative Assembly finds, in the interest of all Oregonians, a necessity to improve Oregon’s fishery resource through the further involvement of its citizens and through support by additional financial revenues. [1989 c.512 §2]
Note:
496.280 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 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. [1989 c.512 §10; 1991 c.184 §4; 2015 c.779 §42; 2019 c.458 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 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. [1989 c.512 §11; 2019 c.458 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 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. [1989 c.512 §12; 1997 c.8 §12; 2011 c.545 §60; 2015 c.779 §43; 2019 c.458 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.300 - State Wildlife Fund; sources; uses.

(1) The State Wildlife Fund is established in the State Treasury separate and distinct from the General Fund. Except as otherwise provided by law, all moneys received by the State Fish and Wildlife Commission pursuant to the wildlife laws, except such as may be required as a revolving fund for payroll and emergency expenses, shall be paid into the State Treasury and credited to the fund. All moneys in the fund are appropriated continuously to the commission to carry out the wildlife laws. Interest earnings on all moneys in the fund shall be retained in the fund.
(2)(a) The commission shall keep a record of all moneys deposited in the State Wildlife Fund. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged.
(b) Using the record created pursuant to paragraph (a) of this subsection, the commission shall report, in the budget documents submitted to the Legislative Assembly, on the application of investment and interest earnings to the maintenance of fish hatcheries and other State Department of Fish and Wildlife facilities. [1973 c.723 §15; 1975 c.118 §1; 1975 c.253 §12; 1983 c.8 §1; 1983 c.801 §6; 1989 c.618 §10; 1989 c.749 §6; 1991 c.435 §2; 1991 c.858 §7; 1995 c.426 §7; 1999 c.1006 §1; 2001 c.822 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 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. [1995 c.136 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 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. [1975 c.545 §9; 1979 c.461 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 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:
496.350 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 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. [1979 c.566 §1; 2021 c.8 §13]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 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. [1979 c.566 §3; 1987 c.758 §4; 1989 c.987 §22; 2007 c.822 §21]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 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. [1979 c.566 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 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. [1981 c.317 §2; 2003 c.463 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 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. [1981 c.317 §3; 1999 c.189 §1; 2003 c.463 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 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. [1981 c.317 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 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. [1981 c.317 §5; 1999 c.189 §2]