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.

(2)

Intentionally left blank —Ed.

(a)

The Fish Screening Subaccount is established in the Fish and Wildlife Account. The subaccount shall consist of:

(A)

All penalties recovered under ORS 536.900 (Civil penalties) to 536.920 (Factors to be considered in imposition of penalty).

(B)

All moneys received pursuant to ORS 498.306 (Screening or by-pass devices for water diversions).

(C)

All gifts, grants and other moneys from whatever source that may be used to carry out the provisions of ORS 498.306 (Screening or by-pass devices for water diversions).

(D)

All moneys received from the sale of angling licenses dedicated by ORS 497.124 (Special dedication of fees to Fish Screening Subaccount).

(b)

All moneys in the subaccount shall be used to carry out the provisions of ORS 315.138 (Screening devices, by-pass devices or fishways), 498.306 (Screening or by-pass devices for water diversions) and 509.620 (Condemning inadequate or nonfunctioning fish passage). However, moneys received from the sale of angling licenses dedicated by ORS 497.124 (Special dedication of fees to Fish Screening Subaccount) shall be expended only to carry out the provisions of law relating to the screening of water diversions.

(3)

The Fish Endowment Subaccount is established in the Fish and Wildlife Account. The subaccount shall consist of transfers of moneys authorized by the Legislative Assembly from the State Wildlife Fund and gifts and grants of moneys from whatever source for the purpose of paying the expense of maintaining fish hatcheries operated by the department.

(4)

The Migratory Waterfowl Subaccount is established in the Fish and Wildlife Account. All moneys received by the commission from the sale of art works and prints related to the migratory waterfowl stamps shall be deposited in the subaccount. Moneys in the subaccount may be expended only for activities that promote the propagation, conservation and recreational uses of migratory waterfowl and for activities related to the design, production, issuance and arrangements for sale of the migratory waterfowl stamps and related art works and prints. Expenditures of moneys in the subaccount may be made within this state, in other states or in foreign countries, in such amounts as the commission determines appropriate. Expenditures in other states and foreign countries shall be on such terms and conditions as the commission determines will benefit most directly the migratory waterfowl resources of this state.

(5)

The Halibut Research Subaccount is established in the Fish and Wildlife Account. Based on the annual number of recreational halibut anglers, a portion of the moneys derived from the sale of the salmon, steelhead trout, sturgeon and halibut tag pursuant to ORS 497.121 (Angling and shellfish licenses and tags) shall be credited to the subaccount. Moneys in the subaccount may be expended only for halibut population studies and other research.

(6)

The Upland Bird Subaccount is established in the Fish and Wildlife Account. All moneys received by the State Fish and Wildlife Commission from the sale of upland bird stamps, from the sale of any art works and prints related to the upland bird stamps and from private hunting preserve permit fees shall be deposited in the subaccount. Moneys in the subaccount may be expended only for promoting the propagation and conservation of upland birds and the acquisition, development, management, enhancement, sale or exchange of upland bird habitat, and for activities related to the design, production, issuance and arrangements for sale of the upland bird stamps and related art works and prints. Expenditures of moneys in the subaccount shall be made for the benefit of programs within this state in such amounts and at such times as the commission determines appropriate to most directly benefit the upland bird resources of the state.

(7)

The Access and Habitat Board Subaccount is established in the Fish and Wildlife Account. The subaccount shall consist of moneys transferred to the subaccount pursuant to ORS 496.242 (Access and habitat program funds). Moneys in the subaccount may be used for the purposes specified in ORS 496.242 (Access and habitat program funds).

(8)

The Marine Shellfish Subaccount is established in the Fish and Wildlife Account. Interest earnings on moneys in the subaccount shall be credited to the subaccount. All moneys received by the commission from the sale of resident and nonresident shellfish licenses pursuant to ORS 497.121 (Angling and shellfish licenses and tags) shall be deposited in the subaccount. Moneys in the subaccount shall be used for the protection and enhancement of shellfish for recreational purposes, including shellfish sanitation costs and the cost of enforcement of wildlife laws pertaining to the taking of shellfish. The State Fish and Wildlife Director, or a designee, the Director of Agriculture, or a designee, and the Superintendent of State Police, or a designee, shall jointly make a recommendation to the Governor for inclusion in the Governor’s budget beginning July 1 of each odd-numbered year.

(9)

Intentionally left blank —Ed.

(a)

The Mountain Sheep Subaccount is established in the Fish and Wildlife Account, consisting of moneys collected under ORS 497.112 (Hunting tags) (2)(a) to (c).

(b)

All moneys in the subaccount shall be used for the propagation and conservation of mountain sheep, for research, development, management, enhancement and sale or exchange of mountain sheep habitat and for programs within the state that in the discretion of the commission most directly benefit mountain sheep resources of this state.

(10)

Intentionally left blank —Ed.

(a)

The Antelope Subaccount is established in the Fish and Wildlife Account, consisting of moneys collected under ORS 497.112 (Hunting tags) (2)(a) to (c).

(b)

All moneys in the subaccount shall be used for the propagation and conservation of antelope, for research, development, management, enhancement and sale or exchange of antelope habitat and for programs within the state that in the discretion of the commission most directly benefit antelope resources of this state.

(11)

Intentionally left blank —Ed.

(a)

The Mountain Goat Subaccount is established in the Fish and Wildlife Account, consisting of moneys collected under ORS 497.112 (Hunting tags) (2)(a) to (c).

(b)

All moneys in the subaccount shall be used for the propagation and conservation of mountain goats for research, development, management, enhancement and sale or exchange of mountain goat habitat and for programs within the state that in the discretion of the commission most directly benefit mountain goat resources of this state.

(12)

The commission shall keep a record of all moneys deposited in the Fish and Wildlife Account. The record shall indicate by separate cumulative accounts the sources from which the moneys are derived and the individual activity or programs against which each withdrawal is charged.

(13)

The Oregon Conservation Strategy Subaccount is established in the Fish and Wildlife Account. All moneys received by the commission from the sale of habitat conservation stamps and from the sale of any art works and prints related to the habitat conservation stamp shall be deposited in the subaccount. Moneys in the subaccount may be expended only to promote and implement habitat and species restoration, enhancement and viewing activities identified in the “Oregon Conservation Strategy,” 2006, by the State Department of Fish and Wildlife, and for activities related to the design, production, issuance and arrangements for sale of the habitat conservation stamps and related art works and prints. [2001 c.822 §3; 2003 c.612 §2; 2003 c.656 §12; 2007 c.625 §§3,14; 2011 c.50 §§3,4; 2011 c.730 §18b; 2015 c.546 §2; 2015 c.779 §44]
Note: 496.303 (Fish and Wildlife Account) 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.

Source: Section 496.303 — Fish and Wildlife Account; sources; subaccounts; uses, https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html.

496.002
Short title
496.004
Definitions
496.007
“Game bird” defined
496.009
“Game fish” defined
496.012
Wildlife policy
496.016
Applicability of wildlife laws to commercial fishing laws
496.018
Person with disability under wildlife laws
496.080
State Department of Fish and Wildlife
496.085
Fish Screening Task Force
496.090
State Fish and Wildlife Commission
496.108
Commission officers
496.112
State Fish and Wildlife Director
496.116
Delegation of rulemaking authority to director
496.118
Duties and powers of director
496.121
Authority of department to require fingerprints
496.124
Fish Division
496.128
Reports by commission
496.138
Commission policies and programs
496.141
Fish screening program report
496.146
Additional powers of commission
496.148
Payment by credit card
496.151
Allocation of nonresident tags for outfitters and guides
496.154
Limitation on authority to condemn certain farm use property
496.156
Expenditure priority for anadromous fish management
496.158
Oregon Landowner Damage Program
496.162
Establishing seasons, amounts and manner of taking wildlife
496.164
Cooperation with public and private agencies for fish and wildlife management
496.167
Department recompensable assistance to agencies
496.168
Estimated expenses for recompensable assistance
496.169
Citizen involvement for wildlife management on private lands
496.171
Definitions for ORS 496.171 to 496.182
496.172
Commission management authority for threatened or endangered species
496.176
Listing species
496.182
Protection and conservation programs
496.192
Effect of law on commercial forestland or other private land
496.201
Department to furnish salmon for ceremonies
496.206
Written request for salmon
496.211
Limitation on amount and use
496.216
Disposition of salmon remaining after ceremony
496.221
ORS 496.201 to 496.221 not intended to extend Indian legal or political rights
496.228
Access and Habitat Board
496.232
Board to make program recommendations
496.236
Advisory councils to board
496.242
Access and habitat program funds
496.246
Use of public lands for hunting
496.252
Oregon Conservation and Recreation Fund
496.254
Oregon Conservation and Recreation Advisory Committee
496.264
Findings
496.266
Environmental restoration weirs
496.270
Immunity from liability for damages resulting from habitat or water quality improvement project
496.272
Wildlife Corridor Action Plan
496.273
Agency assistance and advice regarding plan
496.275
Salmon resource protection and restoration
496.280
Findings
496.283
Use of certain moneys
496.286
Restoration and Enhancement Board
496.289
Duties of board
496.291
Advisory councils
496.300
State Wildlife Fund
496.303
Fish and Wildlife Account
496.306
Compensation for damage done by bear and cougar not to be paid from State Wildlife Fund
496.311
Limitation on size of revolving fund
496.340
Payments to counties in lieu of taxes
496.350
Willamette River Basin Bonneville Power Administration Stewardship Fund
496.375
“Nongame wildlife” defined
496.385
Nongame Wildlife Fund
496.390
Control over fund by department
496.430
Definitions for ORS 496.430 and 496.435 to 496.455
496.435
Policy to recover and sustain native stocks
496.440
Enhancement program to be conducted by commission
496.445
Duties of commission
496.450
Application for project
496.455
Use of native stocks for projects
496.458
Remote hatchbox program
496.460
Salmon and Trout Enhancement Program Advisory Committee
496.465
Interference with project prohibited
496.470
Natural production of anadromous fish
496.475
Adoption of basin plans
496.480
Reports on basin plans
496.490
Fishing tackle program
496.510
Assent to federal wildlife-restoration statute
496.525
Federal fish restoration and management aid
496.550
Migratory waterfowl stamps
496.555
Contract on migratory waterfowl stamp matters
496.558
“Upland bird” defined
496.562
Policy
496.566
Contest for stamp design
496.571
Habitat conservation stamp
496.605
Enforcement of wildlife laws by State Fish and Wildlife Director, deputies and peace officers
496.610
State police to enforce wildlife laws
496.615
Commission employees to supplement state police
496.620
Nonliability of law enforcement officers
496.630
District attorneys to prosecute criminal cases
496.640
Service of process by law enforcement personnel
496.645
Arrest without warrant of violators
496.650
Issuance of citation to violator
496.665
Issuance of search warrants
496.670
Arrests made on Sunday
496.675
Seizure without warrant by law enforcement personnel
496.680
Seizure of unlawful devices and unlawfully taken wildlife
496.690
Possession of wildlife as evidence of illegal taking
496.695
Counseling, aiding or sharing in violation
496.700
Investigating violations
496.705
Damage suits for unlawful killing of wildlife
496.710
Compelling testimony in enforcement proceedings
496.716
Wildlife inspection stations
496.730
Legislative intent
496.731
Written notification requiring removal of attractant for potentially habituated wildlife
496.750
Wildlife Law Violator Compact
496.815
Definitions for ORS 496.815 to 496.825
496.820
Permit or license fee
496.825
Application fee
496.830
Penalty fee
496.835
Oregon Fish and Wildlife Hydroelectric Fund
496.850
Community outreach and education regarding recreational harvesting of shellfish
496.992
Penalties
496.994
Obstructing the taking of wildlife prohibited
496.996
Attempts to take wildlife decoy as unlawful wildlife taking
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