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2003 Oregon
Legislature Oregon Chapter supports Oregon's Agricultural Experiment Station budget for the 2003-05 biennium. See the letter of support sent by Chapter President Ed Arnett to Governor Kulongoski and numerous Senators and Representatives. The following summaries are the legislative editor's brief statement of the essential features of the measure as introduced. [If we have added comments, these are in brackets.] ORTWS actions are shown in italics. To see the text
of any of these bills go to the legislative gopher: Senate Bill 97 Defines wolf as predatory animal. Removes wolf from state threatened species and endangered species lists. Limits required actions under state threatened species and endangered species statutes to state-owned land only. Directs State Department of Fish and Wildlife to report quarterly to Legislative Assembly on status of wild wolves. ORTWS statement presented on 5 March. Committee Chair Sen. Feriolli asked us to provide information on wolf identification, which we did on 24 March. No action since 5 March. Senate Bill 317 Prohibits transfer of water rights for agricultural use to nonagricultural use [e.g., wildlife habitat protection?]. Requires Water Resources Commission or Water Resources Director to determine whether water is available for appropriation by determining whether water is available for demands 50 percent of time. In committee, no action. Senate Bill 336 Creates Environmental Justice Task Force. Specifies duties and responsibilities. Requires natural resource agencies to perform certain actions relating to environmental justice. Defines natural resource agency. In committee; governor may do this through an administrative action. Senate Bill 351 Directs State Fish and Wildlife Commission to remove species from state lists of endangered or threatened species if species is removed from federal endangered or threatened list [on or after the passage of this 2003 act]. In committee since 10 February. ORTWS action: see HB 2458 and 2468. SB 399 Removes creation, restoration or enhancement of wetlands from outright permitted uses of land in exclusive farm use zone. Authorizes creation restoration or enhancement of wetlands in exclusive farm use zone subject to adoption of exception to statewide planning goal preserving agricultural lands. Authorizes compensatory wetlands mitigation as outright permitted use in exclusive farm use zone. Hearing 3 March; no action since. Senate Bill
430 Directs State Forester to manage 50 percent of Tillamook
and Senate Bill
576 Requires Independent Multidisciplinary Science Team
to [receive and consider] input and opinions from nonmember scientists
with certain expertise when discussing potential official action
of team. Passed Senate 8 May; House hearing 13 May. Senate Bill 832 Allows person to take wildlife that is public nuisance or public health risk on land that person owns or occupies. Defines damage, nongame wildlife and public nuisance. Prohibits baiting or using dogs to take black bear or cougar except when bear or cougar is causing damage. Creates Task Force on Wildlife Control Activities appointed by State Fish and Wildlife Director. Directs task force to study and make recommendations relating to businesses conducting nuisance, damage and health risk animal control activities. Passed Senate; House hearing April 29, work session May 6. House Bill 2137 Allows owner of private real property to claim compensation for land use restriction or reinterpretation that limits or prohibits use of property and decreases fair market value of property by more than 10 percent. Creates exception to right to compensation for certain land use restrictions. Authorizes owner of lawfully created lot or parcel to build single-family dwelling or divide lot or parcel if owner could have built dwelling or divided lot or parcel when owner acquired lot or parcel but is prevented by land use restriction or reinterpretation enacted, adopted or applied before November 7, 2000. Hearing 23 January, no action since. House Bill 2209 Allows State Department of Fish and Wildlife to utilize aircraft in conducting wildlife management activities or in protecting human safety [e.g., hunting and broadcasting locations of game animals or birds]. We did not hear about this bill and its importance until after the first hearing; the Sierra Club attacked this bill and may have killed it, but it has been reassigned and may still have life; we’ll keep monitoring it. We provided statement on 23 April. We provided floor letter for House members. Passed House on 9 May. Our floor letter provided to Senate members. On Senate calendar for voice vote 22 May.
House Bill 2258 Extends sunset of surcharge on combination and hunting licenses imposed for access and habitat programs. Takes effect on 91st day following adjournment sine die. Passed House 16 April. Passed Senate 9 May. House Bill 2260 Increases fees for certain hunting and angling licenses and tags. [Provides 10 to 30 percent increases in license and tag fees.] ORTWS statement presented at 24 April hearing. House Bill 2281 Prohibits state agency from adopting any rule that is more stringent than federal requirement unless state agency establishes conclusively that conditions in Oregon are unique or so different that application of federal requirement would not achieve intent of federal law or rule. Allows adoption of non-complying rule if emergency exists. Hearing 30 January; no action since. House Bill 2362 Repeals statute regarding threatened or endangered species of wildlife. ORTWS statement presented at 11 March committee hearing. No action since. HB 2364 Repeals Oregon laws relating to wetlands. Repeals Oregon Wetlands Mitigation Bank Act of 1987. Repeals State-wide Wetlands Inventory system. Repeals wetlands conservation plan statutes. Repeals wetlands fill and removal statutes. Hearings and work sessions held in March and April, referred to Ways and Means 6 May. House Bill 2376 Abolishes Oregon Watershed Enhancement Board. Transfers duties, functions and powers of board to State Department of Agriculture and to State Department of Fish and Wildlife. House Bill 2416 'Science' means the systematic enterprise of gathering knowledge about the universe and organizing and condensing that knowledge into testable laws and theories. ORTWS Statement presented at 20 February hearing. Passed House (32 to 27) on 22 April. House Bill 2436 amended Original bill repeals statute prohibiting use of bait to attract or take black bears or use of dogs to hunt or pursue black bears or cougars. Amended version allows using dogs to hunt or pursue cougars. Passed House 23 April. House Bill 2458 Directs State Fish and Wildlife Commission to remove species from list of threatened species or endangered species when species is removed from federal Endangered Species Act. [This bill does contain a provision for subsequently adding by rule any species deleted from the state list in accordance with this legislation.] ORTWS statement presented at 13 February committee hearing. No action since. House Bill
2468 Original version prohibits State Fish and Wildlife
Commission from listing threatened and endangered species that are
listed under federal law. [Under this bill, even species federally
listed as sensitive or candidate species cannot be listed as state
threatened or endangered. This bill does NOT contain a provision
for subsequently adding by rule any species deleted from the state
list in accordance with this legislation.] House Bill 2493 Provides that expert witness may testify about scientific, technical or other specialized knowledge if testimony is based on sufficient facts or data, if testimony is product of reliable principles and methods and if witness has applied principles and methods reliably to facts or data on which testimony is based. Most recent hearing 18 March; no action since. House Bill 2515 Directs Oregon Watershed Enhancement Board to provide funding from Watershed Improvement Operating Fund for positions in soil and water conservation districts. Specifies that persons employed in positions funded by board perform functions relating to restoration and protection of native salmonid populations, watersheds, fish and wildlife habitats and water quality. Committee do pass recommendation 2 May, referred to Ways and Means. House Bill 2516 amended Directs State Department of Fish and Wildlife to develop and implement plan to control and reduce [through non-lethal means] harbor seal [was pinniped] predation of salmonids in waters of state. Requires department to submit plan to appropriate interim committees of Seventy-second Legislative Assembly and to United States Secretary of Commerce for review. Declares emergency, effective on passage. ORTWS presented a statement at 27 February committee hearing. Committee do pass recommendation 6 May, referred to Ways and Means. House Bill 2574 amended Allows county governing body to establish temporary county wildlife board to advise body on numbers of predatory animals that may be taken in county. Limits establishment and duration of board. Allows county governing body to adopt recommendations of county wildlife board to allow taking of predatory animals at time and place and in manner and amount not allowed by State Fish and Wildlife Commission. Prohibits taking more than five of any one predatory animal species per year. Limits definition of predatory animal to black bears and cougars. We drafted a statement on the original bill but have not tracked the amended version. Passed House (31 to 27) on 6 May. House Bill 2790 Allows owner of private real property to claim compensation for land use restriction or reinterpretation that limits or prohibits use of property and decreases fair market value of property by more than 10 percent. Creates exception to right to compensation for certain land use restrictions. Authorizes owner of lawfully created lot or parcel to build single-family dwelling or divide lot or parcel if owner could have built dwelling or divided lot or parcel when owner acquired lot or parcel but is prevented by land use restriction or reinterpretation enacted, adopted or applied before November 7, 2000. Refers Act to people for their approval or rejection at next regular general election. Hearing 10 April; no action since. House Bill 3006 Defines isolated wetlands and marginal wetlands for purposes of regulation of removal and filling of material. Allows removal and filling of material in certain isolated and marginal wetlands and in wetlands of less than one acre in size to occur without permit. Allows city with population of 50,000 or fewer persons to develop approval or denial procedures for development permits, building permits or actions that affect marginal and isolated wetlands. We provided a floor letter on 11 May. Passed House (35 to 25) on 12 May. House Bill 3075 Declares gray wolf predatory animal. Prohibits listing of gray wolf as endangered species. Hearing 8 April; no action since. House Bill 3125 Directs State Department of Fish and Wildlife to negotiate with federal agencies to remove wolves from state. Hearing 8 April; no action since. House Bill 3126 amended Original bill prohibits person from releasing gray wolf on nonfederal lands. Allows person to destroy gray wolf when person's safety or property is threatened. Amended version allows person to take gray wolf when wolf is damaging land, livestock or agricultural or forest crops. Allows person to take gray wolf that poses threat to human safety. Requires person who takes gray wolf or certain other wildlife species to report taking to Department of State Police and State Department of Fish and Wildlife. Passed House (35 to 25) on 8 May House Bill 3132 Limits swans classified as game birds to trumpeter swans for purposes of wildlife laws. [We’re not confident this bill does what it is intended to do, i.e., remove tundra swans from the state list of protected game birds.] Hearing 27 March, no action since. House Bill 3616 amended Establishes property tax special assessment program for wildlife habitat. Allows State Fish and Wildlife Commission to designate certain land as eligible for wildlife habitat special assessment upon request by governing body of county or city. Requires commission to give significant weight to demonstration of economic burden when governing body of city or county requests commission to remove designation. Permits homesite assessment of land under dwelling, if associated with wildlife habitat special assessment. Applies to tax years beginning on or after July 1, 2004. Permits location of dwelling on property subject to wildlife habitat special assessment, upon compliance with certain requirements. Authorizes State Department of Agriculture and State Board of Forestry to enter into stewardship agreements with landowners to create incentives for conservation, expedited permitting, regulatory certainty and other stated benefits. Committee do pass recommendation 20 May. Passed House 48 to 7 on 27 May. House Bill 5020 Appropriates moneys from General Fund to State Department of Fish and Wildlife for certain biennial expenses. Hearings held in April. House Joint Memorial 6 Urges President, Congress and certain federal officials to implement Northwest Forest Plan with appropriate revisions. [“Appropriate revisions” would include “fully funding the program, seeking administrative efficiency and making necessary statutory revisions”] Passed House 2 April. Prepared by: |
Last Updated: 4 June 2003
