2017 ORS 496.168¹
Estimated expenses for recompensable assistance
  • invoices

The State Department of Fish and Wildlife shall estimate in advance the expenses that the department will incur during a biennium under ORS 496.167 (Department recompensable assistance to agencies), and shall render to executive department agencies and other entities described in ORS 496.167 (Department recompensable assistance to agencies) an invoice for their share of such expenses for periods within the biennium and in sufficient amounts to provide reasonable cash operating requirements for the department within the biennial period. Each agency or other entity described in ORS 496.167 (Department recompensable assistance to agencies) shall pay to the credit of the department such invoice as an administrative expense from funds or appropriations available to the invoiced agency or entity in the same manner as other claims against the state are paid. If the estimated expenses for the agency or other entity described in ORS 496.167 (Department recompensable assistance to agencies) are more or less than actual expenses for the period covered by the invoice, the difference shall be reflected in the next following estimate of expenses. [2015 c.566 §2]

Note: 496.168 (Estimated expenses for recompensable assistance) becomes operative July 1, 2019. See section 3, chapter 566, Oregon Laws 2015.

Note: Section 5, chapter 566, Oregon Laws 2015, provides:

Sec. 5. On or before January 1, 2017, and after July 1, 2018, but on or before January 1, 2019, the State Department of Fish and Wildlife shall report to the Legislative Assembly in the manner prescribed in ORS 192.245 (Form of report to legislature). The report shall include all of the following:

(1) A list of the types of permits and state agencies that utilize the department’s services and for which invoicing will be allowed under section 2 of this 2015 Act [496.168 (Estimated expenses for recompensable assistance)].

(2) A list of all statutes and rules in effect on the date of the report that are applicable to the permit review process engaged in by the department.

(3) A list of all statutes in effect on the date of the report that require or justify participation by the department in permitting processes and an explanation of how those statutes contribute to the protection of the fish and wildlife of this state.

(4) A discussion of any additional options for cost recovery available to the department, including but not limited to interagency agreements that allow other agency personnel to apply department standards, modification of statutes applicable to the department or interagency agreements that could reduce the department’s involvement in permit review and application of standards and requirements, without negatively impacting protections for fish and wildlife.

(5) An explanation of the costs associated with permitting, including identifying the costs associated with technical review separately from costs associated with public benefits of the permitting process and the public involvement in the permitting process. [2015 c.566 §5]

Note: See note under 496.167 (Department recompensable assistance to agencies).

Chapter 496

Notes of Decisions

Fish and Wildlife Commission has statutory authority to provide by rule for is suance of special ceremonial hunting permits for specific tribes that are not otherwise allowed under hunting and fishing agree­ment between federal and state govern­ments and that tribe. Confederated Tribes of Siletz Indians of Oregon v. Depart­ment of Fish and Wildlife, 244 Or App 535, 260 P3d 705 (2011)

Atty. Gen. Opinions

Commission authority to restrict use of boat ramp it locates on state land, (1971) Vol 35, p 900

1 Legislative Counsel Committee, CHAPTER 496—Application, Administration and Enforcement of Wildlife Laws, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors496.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 496, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano496.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.