State Enforcement SCR: 030-01-00-00000

Program and Activities

 The OSP Fish and Wildlife Division is the single enforcement entity designated by law to protect fish and wildlife resources. The primary mission of the OSP Fish and Wildlife Division is to ensure compliance with the laws and regulations that protect and enhance the long-term health and equitable use of ’s fish and wildlife resources and the habitats upon which they depend.

 In the 2019-21 Agency Request Budget, ODFW is proposing $28.66 million in its Enforcement Appropriation. Across all revenue sources and budget appropriations, Expenditures by Program Area ODFW anticipates spending a total of $30.32 million on enforcement activities with OSP $28.66 Million Fish and Wildlife Division. These additional revenues include $697,697 in Other Fund through Recreational Shellfish Transfers, $106,704 in General Fund for Marine Reserves, State Police and $858,940 in Other Funds through Access and Habitat. 100%

 The main responsibility of the OSP Fish and Wildlife Division is protection of natural resources by enforcing fish, wildlife and commercial fishing laws. Members of this division also provide rural law enforcement services by enforcing traffic, criminal, boating, all-terrain vehicle, livestock and environmental protection laws, in addition to responding to emergency situations.

 The of State Police and the Director of ODFW formed a partnership through Cooperative Enforcement Planning (CEP) agreements to ensure the OSP Fish and Wildlife Division’s enforcement efforts are directed toward ODFW’s priorities and management goals. Through planning and coordination, specific natural resource and other issues and concerns are identified. The OSP Fish and Wildlife Division troopers then develop plans to address the issues. At the end of a plan, an after action report is written to report on the degree of success of the plan(s).

 Eleven members of the OSP Fish and Wildlife Division are assigned to enforce laws directly relating to the Oregon Plan for Salmon and Watersheds. Members are strategically assigned to locations where they can positively affect sensitive, threatened and endangered salmon, steelhead and resident fish populations.

 The OSP Fish and Wildlife Division has four pilots and aircraft based in strategic locations throughout the state. The primary mission of the aircraft program is to assist with fish and wildlife management and enforcement.

2019-21 Biennium Agency Requested Budget Page 729

 The OSP Fish and Wildlife Division also has four investigators and an investigating sergeant assigned to its Special Investigations Unit which is responsible for conducting in-depth and complex investigations of individuals or groups in violation of the fish and wildlife laws and regulations with specific emphasis on those violators that are flagrantly or illegally commercializing our state’s fish and wildlife resources.

 Additionally, the OSP Fish and Wildlife Division has seven troopers and a sergeant assigned to its Marine Fisheries Team stationed coast wide and responsible for commercial and recreational fisheries enforcement in coastal bays and the Pacific Ocean. Members of the Marine Fisheries Team are also operators and crew on the Division’s 50 foot patrol vessel named the “Guardian”.

Issues

 The OSP Fish and Wildlife Division, as the single enforcement entity tasked with protecting fish and wildlife resources, has been hindered by limited funding for capital outlay and for authorized officer positions needed to meet a growing fish and wildlife protection workload, which includes increased regulation complexity, endangered species protection and an expanding population base wanting to use a finite, and in some cases declining, natural resource base. As a result, protection of Oregon’s fish and wildlife resources is more critical than ever before.

Revenue Sources and Proposed Revenue Changes State Police  The 2017-19 biennium was the second biennium under the six year fee adjustment Revenue by Fund Type that was effective January 2016. This fee package was developed to provide modest $28.66 Million

increases in each biennium over the next six years. This new approach allows for Other Fund continued funding of the agency without a large increase for the customer in the first 92% biennium.  Oregon State Police receives $ 106,704 from General Fund in their budget for Fish and Wildlife enforcement. This will continue into the foreseeable future.  For the 2019-21 budget, a policy package with $2.39 million General Fund is requested for an anti-poaching campaign. General Fund 8% Proposed New Laws Our Agency is evaluating a Legislative Concept to modify the Oregon Endangered Species Does not include revenues and limitation provided from Recreational Shellfish Act to allow delisting/listing in a portion of a species range which could potentially transfer ($697,697 OF), Marine Reserves ($106,704 GF), and Access and increase the Oregon State Police workload. Habitat ($858,940 OF).

2019-21 Biennium Agency Requested Budget Page 730 Expected Results from the 2019-21 Budget  Compliance rates are included as a performance measure for anadromous fish protection. This measure directly relates to the Oregon Benchmarks for quality of life, which includes Benchmark 85a (the percentage of key sub-basins in which wild salmon and steelhead populations are at target levels).

2019-21 Biennium Agency Requested Budget Page 731 Essential Packages

The Essential Packages represent changes made to the 2017-19 budget that estimate the cost to continue current legislatively approved programs into the 2019-21 biennium.

010 Vacancy Factor and Non-PICS Personal Services  None 021/ 022 Cost of Phase-in and Phase-out Programs and One-time Costs  None

031 Inflation/Price List Increases  Inflation increase: 3.8 percent is the established general inflation factor for 2019-21 and has been applied to most Services and Supplies, Capital Outlay and Special Payments expenditures. 4.2 percent is applied to Professional Services. This also includes changes in State Government Service Charges, per the DAS Price List.

032 Above Standard Inflation  None

033 Exceptional Inflation/Price List Increases  Inflation for State Police Special Payment is increasing $1,314,027.

050 Fund Shifts  None

060 Technical Adjustments  None

070 Revenue Reductions  None

2019-21 Biennium Agency Requested Budget Page 732 Agency Name: Department of Fish and Wildlife

Policy Option Package Initiative: 127 - Anti-Poaching Campaign

Policy Option Package Element Addendum:

PURPOSE

DESCRIPTION OF PROBLEM OR ISSUE: Poaching can have a significant impact on fish and wildlife. As an example, a six-year project involving radio-collared mule deer in south central Oregon found that illegal harvest accounted for 20 percent of known deer mortalities, the same percentage as legal harvest. Nearly 80 percent of the poached animals were does, which significantly undermined ongoing efforts by ODFW and its partners to restore mule deer populations. Other high profile poaching incidents involve bald eagles, sturgeon, black bear, bighorn sheep, etc.

Concern about the potential impact of poaching prompted the legislature to include a budget note in House Bill 5010, approved in 2017. The note directed the Department of Fish and Wildlife to:

“…develop a proposal for a broad anti-poaching public awareness campaign, including a budget, that will include, but not be limited to: An anti- poaching public awareness campaign strategy, identification of tools needed to combat poaching, and any statute changes needed to address poaching. The Department is to report to the appropriate Ways and Means Subcommittee during the February 2018 session on the details and budget for this work."

In response, ODFW proposes addressing poaching by focusing on two areas - increasing detection of poaching incidents and enhancing current efforts to deter poaching. This multi-year strategy involves multiple agencies and partners in a coordinated effort to:

• Increase public awareness of the impact of poaching • Increase reporting of poaching incidents and other suspicious activity • Increase law enforcement detection of poaching • Ensure consistent prosecution and punishment of poaching incidents.

This effort was outlined in greater detail in a written report provided to the Ways and Means Natural Resources Subcommittee on February 20, 2018. As a follow up to that presentation, the Legislative Sportsmen’s Caucus requested ODFW submit a policy option package to implement this initiative. In addition, the Caucus encouraged the department to submit proposed statute changes for consideration during the 2019 legislative session.

2019-21 Biennium Agency Requested Budget Page 733 HOW ACHIEVED

PROPOSED SOLUTION TO THE PROBLEM OR ISSUE: Effectively combatting poaching will require a sustained, coordinated effort involving multiple partners. This policy option package includes:

$757,400 for a paid, multi-platform advertising campaign to increase reporting of poaching incidents. Major activities include developing and executing the advertising campaign, identification of target audiences, research to determine what messaging and content will motivate individuals to report poaching incidents, and evaluation of campaign effectiveness.

$530,000 for earned media campaign to encourage coverage of poaching incidents, impact of illegal harvest, and how to report poaching incidents. Major elements under this category include (1) Public Affairs Specialist 2 to manage advertising contract, coordinate multi-agency media relations effort, and develop content and news releases; development of a mobile-friendly website to serve as a focal point for all organized anti- poaching efforts; development and distribution of anti-poaching materials including printing and publication costs; and outreach to organizations and agencies at public events, workshops, campaigns, and other events.

$63,320 PS and S&S for Oregon State Police field staff to support outreach efforts. OSP Outreach efforts include coordination with media contacts and news releases; education and community outreach on poaching; outreach to hunter, sports and conservation groups and related travel expenses for these tasks.

$20,000 for the development and maintenance of a mobile-friendly system to allow individuals to easily submit confidential reports of poaching incidents.

$2,325,821 for law enforcement efforts, including trail cameras, Wildlife Enforcement Decoys (WEDs) and other equipment to increase detection of poaching incidents; PS, S&S and equipment for (4) Oregon State Police Troopers and (1) Sergeant to expand enforcement efforts, including additional support for Special Investigation Unit to investigate complex poaching related cases.

$595,656 for increase deterrence of poaching incidents. Major activities include regular and ongoing coordination with District Attorneys and judges regarding enforcement of fish and wildlife violations; training for district attorneys regarding prosecution of wildlife related violations; and PS and S&S for the Department of Justice to house a roving Senior Assistant Attorney General and a Legal Secretary for support, to assist local jurisdictions in the prosecution of complex or challenging wildlife violations.

TOTAL: $4,292,197 GF

2019-21 Biennium Agency Requested Budget Page 734 HOW THIS FURTHERS THE AGENCY MISSION OR GOALS: The Agency’s mission is to “protect and enhance Oregon’s fish, wildlife and their habitats for the use and enjoyment by present and future generations.” Poaching and other illegal take of wildlife adversely affects wildlife populations. For example, the South Central Oregon Mule Deer Study documented a significant loss of female mule deer which, if not addressed, could affect overall herd survival. In March 2018, three bald eagles were illegally killed near Albany. Poaching reduces the number of animals that may be available for legal harvest or observation, reducing the opportunity for “enjoyment” of those animals through hunting, fishing, wildlife viewing and other activities.

PERFORMANCE MEASURES TO QUANTIFY THE SUCCESS OF THE PROPOSAL: This initiative would contribute to ODFW KPM 1 (Hunting License Purchases) and KPM 2 (Angling License Purchases). Loss of wildlife due to poaching or other illegal activities can affect availability of fish and wildlife for legal harvest, which could affect license sales. This package would also impact KPM 7 (Percent of customers rating their satisfaction with the agency's customer service as "good" or "excellent" for timeliness, accuracy, helpfulness, expertise and availability of information). Poaching and response to poaching continues to be a topic that generates a lot of publicity. This campaign would help alleviate poaching concerns and contribute to the overall satisfaction of our customers.

This initiative directly relates to Oregon State Police KPM 5 (Number of detections of illegally harvested fish and wildlife.)

STATUTORY REFERENCE: The Agency is authorized to conduct fish and wildlife management activities under ORS Chapters 496-498 and ORS Chapters 503-513. The administration and enforcement of wildlife laws is authorized under ORS Chapter 496.

ALTERNATIVES CONSIDERED AND REASONS FOR REJECTION: Effectively combatting poaching will require a sustained, multi-year effort coordinated between a number of agencies, organizations and stakeholders. It will require extensive communication with stakeholders and members of the public. Coordinating an effort of this magnitude will require additional staffing and funding. Alternatives were considered, including redirecting staffing and resources, which would leave other high priority projects unfunded or unattended. The use of federal funding was explored for this initiative. However, federal Wildlife and Sport Fish Restoration Program funds cannot be used for this effort. Federal rules prohibit the use of Pittman-Robertson and Dingell-Johnson funds from being used for law enforcement activities. A preliminary determination by regional USFWS Office considered this effort to be a law enforcement related activity and ineligible for federal funding. General Fund was identified as the most appropriate fund source for this initiative as protection of fish and wildlife benefits all Oregonians, not just hunters and anglers.

IMPACT OF NOT FUNDING: Status quo efforts to increase detection of poaching incidents and deterrence of poaching. Continued illegal take of fish and wildlife.

2019-21 Biennium Agency Requested Budget Page 735 EQUIPMENT TO BE PURCHASED (IF APPLICABLE): Office equipment for (1) Public Affairs Specialist 2 position (ODFW) Office equipment for OSP staff and field officers. Field equipment to increase detection of poaching. Items included, but are not limited to: trail cameras, decoys, tarps, and other items needed for OSP Officers in the field. Office Equipment for roving Assistant Senior District Attorney and Legal Secretary.

STAFFING IMPACT

Oregon State Police: Establish four permanent OSP Troopers, 4 FTE Establish one OSP Sergeant, 1 FTE

QUANTIFYING RESULTS

Several metrics will be established to determine effectiveness of this initiative, including metrics related to evaluating effectiveness of public awareness campaign, detection of illegally harvested fish and wildlife (OSP KPM5), number of poaching reports, arrests and convictions, and number of rewards paid for public tips related to poaching incidents.

REVENUE SOURCE (030-01-00-00000)

• $2,389,141 OSP (030-01-00-00000)

2019-21 Biennium Agency Requested Budget Page 736 ESSENTIAL AND POLICY PACKAGE FISCAL IMPACT SUMMARY Fish & Wildlife, Oregon Dept of Cross Reference Name: State Police Enforcement Pkg: 010 - Non-PICS Psnl Svc / Vacancy Factor Cross Reference Number: 63500-030-00-00-00000

General Fund Lottery Funds Other Funds Federal Funds Nonlimited Other Nonlimited Federal All Funds Description Funds Funds

Revenues General Fund Appropriation ------Total Revenues ------

Personal Services Vacancy Savings ------Total Personal Services ------

Total Expenditures Total Expenditures ------Total Expenditures ------

Ending Balance Ending Balance ------Total Ending Balance ------

_____ Agency Request _____ Governor's Budget _____ Legislatively Adopted 2019-21 Biennium Page ______Essential and Policy Package Fiscal Impact Summary - BPR013

2019-21 Biennium Agency Requested Budget Page 737 ESSENTIAL AND POLICY PACKAGE FISCAL IMPACT SUMMARY Fish & Wildlife, Oregon Dept of Cross Reference Name: State Police Enforcement Pkg: 031 - Standard Inflation Cross Reference Number: 63500-030-00-00-00000

General Fund Lottery Funds Other Funds Federal Funds Nonlimited Other Nonlimited Federal All Funds Description Funds Funds

Special Payments Spc Pmt to Police, Dept of State - -913,556 - - - 913,556 Total Special Payments - - $913,556 - - - $913,556

Total Expenditures Total Expenditures - -913,556 - - - 913,556 Total Expenditures - - $913,556 - - - $913,556

Ending Balance Ending Balance - -(913,556) - - - (913,556) Total Ending Balance - - ($913,556) - - - ($913,556)

_____ Agency Request _____ Governor's Budget _____ Legislatively Adopted 2019-21 Biennium Page ______Essential and Policy Package Fiscal Impact Summary - BPR013

2019-21 Biennium Agency Requested Budget Page 738 ESSENTIAL AND POLICY PACKAGE FISCAL IMPACT SUMMARY Fish & Wildlife, Oregon Dept of Cross Reference Name: State Police Enforcement Pkg: 033 - Exceptional Inflation Cross Reference Number: 63500-030-00-00-00000

General Fund Lottery Funds Other Funds Federal Funds Nonlimited Other Nonlimited Federal All Funds Description Funds Funds

Special Payments Spc Pmt to Police, Dept of State - -1,314,027 - - - 1,314,027 Total Special Payments - - $1,314,027 - - - $1,314,027

Total Expenditures Total Expenditures - -1,314,027 - - - 1,314,027 Total Expenditures - - $1,314,027 - - - $1,314,027

Ending Balance Ending Balance - -(1,314,027) - - - (1,314,027) Total Ending Balance - - ($1,314,027) - - - ($1,314,027)

_____ Agency Request _____ Governor's Budget _____ Legislatively Adopted 2019-21 Biennium Page ______Essential and Policy Package Fiscal Impact Summary - BPR013

2019-21 Biennium Agency Requested Budget Page 739 ESSENTIAL AND POLICY PACKAGE FISCAL IMPACT SUMMARY Fish & Wildlife, Oregon Dept of Cross Reference Name: State Police Enforcement Pkg: 127 - ANTI-POACHING CAMPAIGN Cross Reference Number: 63500-030-00-00-00000

General Fund Lottery Funds Other Funds Federal Funds Nonlimited Other Nonlimited Federal All Funds Description Funds Funds

Revenues General Fund Appropriation 2,389,141 -- - - - 2,389,141 Total Revenues $2,389,141 - - - - - $2,389,141

Transfers Out Tsfr To Police, Dept of State ------Total Transfers Out ------

Services & Supplies Professional Services ------Attorney General ------Total Services & Supplies ------

Special Payments Spc Pmt to Police, Dept of State 2,389,141 -- - - - 2,389,141 Total Special Payments $2,389,141 - - - - - $2,389,141

Total Expenditures Total Expenditures 2,389,141 -- - - - 2,389,141 Total Expenditures $2,389,141 - - - - - $2,389,141

_____ Agency Request _____ Governor's Budget _____ Legislatively Adopted 2019-21 Biennium Page ______Essential and Policy Package Fiscal Impact Summary - BPR013

2019-21 Biennium Agency Requested Budget Page 740 ESSENTIAL AND POLICY PACKAGE FISCAL IMPACT SUMMARY Fish & Wildlife, Oregon Dept of Cross Reference Name: State Police Enforcement Pkg: 127 - ANTI-POACHING CAMPAIGN Cross Reference Number: 63500-030-00-00-00000

General Fund Lottery Funds Other Funds Federal Funds Nonlimited Other Nonlimited Federal All Funds Description Funds Funds

Ending Balance Ending Balance ------Total Ending Balance ------

_____ Agency Request _____ Governor's Budget _____ Legislatively Adopted 2019-21 Biennium Page ______Essential and Policy Package Fiscal Impact Summary - BPR013

2019-21 Biennium Agency Requested Budget Page 741 Detail of Lottery, Other Funds and Federal Fund Revenues 2019-21 ORBITS 2017-19 Revenue Legislatively Governor's Legislatively Source Fund Accounts 2015-17 Actuals Approved 2017-19 Estimated Agency Request Recommended Adopted Beginning Balance L 0025 ------Transfer in - Intrafund L 1010 ------Transfer in - Lottery Proceeds L 1040 ------Transfer in - OR Watershed Enhancement Bd L 1691 ------Transfer Out - Intrafund L 2010 ------TOTAL LOTTERY FUNDS ------Beginning Balance O 0025 (144,717,474) - - - - - Business License & Fees O 0205 ------Non-Business Licenses & Fees O 0210 ------Hunter & Angler Licenses O 0230 Non Dedicated ------Dedicated ------subtotal Hunter & Angler Licenses ------Commercial Fisheries Fund O 0235 ------Park User Fees O 0255 ------Charges for Services O 0410 ------Fines and Forfeitures O 0505 ------Rents & Royalties O 0510 ------General Fund Obligation Bonds O 0555 ------Interest Income O 0605 ------Sales Income O 0705 ------Donations O 0905 ------Grants (Non-Fed) O 0910 ------Other Revenues O 0975 ------Transfer in - Intrafund O 1010 166,717,151 24,040,949 24,040,949 26,268,532 - - Transfer in from Federal Indirect Revenue O 1020 ------Transfer in from General Fund O 1060 ------Transfer in - Oregon Department of Revenue O 1150 ------Transfer in - Oregon Military Dept O 1248 ------Transfer in - Marine Board O 1250 ------Transfer in - Department of Energy O 1330 ------Transfer in - Department of Forestry O 1629 ------Transfer in - Dept of Parks & Recreation O 1634 ------Transfer in - Water Resources Department O 1690 ------Transfer in - Watershed Enhancement Board O 1691 ------Transfer in - Department of Transportation O 1730 ------Transfer out - Intrafund O 2010 ------Transfer out - Dept. of Administrative Services O 2107 ------Transfer out - Department of State Police O 2257 ------Transfer out - Department of Agriculture O 2603 ------Transfer out - Watershed Enhancement Board O 2691 ------TOTAL OTHER FUND 21,999,677 24,040,949 24,040,949 26,268,532 - - 2019-21 Biennium Agency Requested Budget Page 742 Detail of Lottery, Other Funds and Federal Fund Revenues 2019-21 ORBITS 2017-19 Revenue Legislatively Governor's Legislatively Source Fund Accounts 2015-17 Actuals Approved 2017-19 Estimated Agency Request Recommended Adopted Beginning Balance F 0025 ------Federal Revenues F 0995 ------Transfer in - Intrafund F 1010 ------Transfer in - Marine Board F 1250 ------Transfer out - Intrafund F 2010 ------Transfer out - Federal Indirect F 2020 ------TOTAL FEDERAL FUNDS ------

2019-21 Biennium Agency Requested Budget Page 743 DETAIL OF LOTTERY FUNDS, OTHER FUNDS, AND FEDERAL FUNDS REVENUE Fish & Wildlife, Oregon Dept of Agency Number: 63500 2019-21 Biennium Cross Reference Number: 63500-030-00-00-00000

2015-17 Actuals 2017-19 Leg 2017-19 Leg 2019-21 Agency 2019-21 Governor's 2019-21 Leg. Source Adopted Budget Approved Budget Request Audit Budget Adopted Audit

Other Funds Transfer In - Intrafund 166,717,151 24,040,949 24,040,949 26,268,532 - - Total Other Funds $166,717,151 $24,040,949 $24,040,949 $26,268,532 - -

_____ Agency Request _____ Governor's Budget _____ Legislatively Adopted 2019-21 Biennium Page ______Detail of LF, OF, and FF Revenues - BPR012

2019-21 Biennium Agency Requested Budget Page 744