Chapter 496 — Chapter 496

ORS 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

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ORS 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

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ORS 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

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ORS 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]

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ORS 496.274 Wildlife mobility and habitat connectivity. (1) Contingent on available funding, the State Department of Fish and Wildlife shall undertake or plan to undertake projects to support wildlife mobility and habitat connectivity within priority areas identified in the Oregon Connectivity Assessment and Mapping Project

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ORS 496.275 Salmon resource protection and restoration; review of public and private production facilities; approval of production facilities by department. (1) The Legislative Assembly hereby declares the necessity to review all options and means for the protection and restoration of Oregon’s salmon resource that promote local economic development and enjoyment by all the citizens of Oregon. Options and means shall include operation of salmon production facilities, in cooperation with the State Department of Fish and Wildlife, by both public and private nonprofit agencies as well as by public local partnerships, to meet local production and harvest needs as well as to help restore and maintain natural salmon spawning populations. Such cooperative production projects shall be operated using scientifically sound hatchery practices and shall be consistent with objectives to protect and restore natural fish production

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ORS 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]

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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

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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

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ORS 496.289 Duties of board; report to legislature; recommendations for programs. (1) As used in this section

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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

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ORS 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

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ORS 496.303 Fish and Wildlife Account; sources; subaccounts; uses. (1) The Fish and Wildlife Account is established in the State Treasury, separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the State Fish and Wildlife Commission. The Fish and Wildlife Account shall consist of the moneys in its various subaccounts and any moneys transferred to the account by the Legislative Assembly. Unless otherwise specified by law, interest earnings on moneys in the account shall be paid into the State Treasury and credited to the State Wildlife Fund

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ORS 496.305 [Amended by 1959 c.692 §6; 1971 c.446 §1; repealed by 1973 c.723 §130]

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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. [1995 c.136 §2]

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ORS 496.310 [Amended by 1959 c.692 §7; repealed by 1967 c.451 §32]

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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. [1975 c.545 §9; 1979 c.461 §7]

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ORS 496.315 [Amended by 1959 c.692 §8; 1967 c.451 §23; 1971 c.446 §2; repealed by 1973 c.723 §130]

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ORS 496.320 [Amended by 1959 c.692 §9; 1971 c.446 §3; 1971 c.658 §6; repealed by 1973 c.723 §130]

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ORS 496.325 [Amended by 1971 c.446 §4; 1971 c.658 §6a; repealed by 1973 c.723 §130]

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ORS 496.330 [Amended by 1971 c.658 §7; repealed by 1973 c.723 §130]

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ORS 496.335 [Repealed by 1973 c.723 §130]

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ORS 496.340 Payments to counties in lieu of taxes. (1) Except as provided in subsection (3) of this section, whenever real property owned by the State Fish and Wildlife Commission is exempt from taxation on January 1 of any year by reason of its ownership by the state, the commission shall pay to the county in which the property is situated an amount equal to the ad valorem taxes that would have been charged against the property if it had been assessed to a taxable owner as of January 1 of such year as provided in subsection (2) of this section. The county assessor shall determine the value of such property and shall notify the commission of the determination of the county assessor. Upon request of the commission, the Department of Revenue shall review the determination of value and shall redetermine the value if it concludes the value initially determined was substantially incorrect

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ORS 496.345 [1959 c.692 §5; 1963 c.481 §1; part renumbered 506.345; repealed by 1971 c.446 §11]

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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

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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. [1979 c.566 §1; 2021 c.8 §13]

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ORS 496.380 [1979 c.566 §2; 1981 c.411 §5; 1989 c.987 §21; 2007 c.822 §20; repealed by 2021 c.8 §14]

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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

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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. [1979 c.566 §4]

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ORS 496.405 [Amended by 1971 c.658 §7a; repealed by 1973 c.723 §130]

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ORS 496.410 [Repealed by 1973 c.723 §130]

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ORS 496.415 [Amended by 1971 c.658 §8; repealed by 1973 c.723 §130]

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ORS 496.420 [1959 c.146 §1; repealed by 1973 c.723 §130]

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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

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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. [1981 c.317 §3; 1999 c.189 §1; 2003 c.463 §2]

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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. [1981 c.317 §4]

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ORS 496.445 In carrying out the salmon and trout enhancement program, the State Fish and Wildlife Commission shall

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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

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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. [1981 c.317 §7]

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ORS 496.458 Remote hatchbox program; rules. (1) The State Fish and Wildlife Commission shall develop and implement a remote hatchbox program

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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

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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]

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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

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ORS 496.475 Adoption of basin plans. The plans adopted pursuant to ORS 496.470 shall

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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]

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ORS 496.490 Fishing tackle program. (1) The State Department of Fish and Wildlife shall establish a Keep Oregon’s Rivers Clean program for the collection, recycling and proper disposal of fishing tackle, including monofilament line, fluorocarbon leaders, lines, lead weights and lures

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ORS 496.505 [Formerly 497.505; 1961 c.343 §1; repealed by 1973 c.723 §130]

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ORS 496.510 Assent to federal wildlife-restoration statute; duty of commission with regard thereto. The State of Oregon assents to the Act of Congress entitled, “An Act to provide that the United States shall aid the states in wildlife-restoration projects, and for other purposes,” approved September 2, 1937, Public Law No. 415, 75th Congress (50 Stat. 917, 16 U.S.C.A. 669). The State Fish and Wildlife Commission shall perform such acts as may be necessary to the conduct and establishment of cooperative wildlife-restoration projects, as defined in said Act of Congress, in compliance with said Act and with rules and regulations promulgated by the Secretary of the Interior thereunder

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ORS 496.515 [Amended by 1971 c.658 §9; repealed by 1973 c.723 §130]

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ORS 496.520 [Repealed by 1973 c.723 §130]

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