Oregon Department of Fish and Wildlife 2009-11 Governor’s .... OSP.… · The increase will...

Oregon Department of Fish and Wildlife 2009-11 Governor’s Recommended Budget

Agency Request X Governor’s Recommended Legislatively Adopted Budget Page 685 2009-11 State Police Enforcement Program Narrative

State Police Enforcement Program and Activities

The Oregon Department of Fish and Wildlife will provide $16.1 million during the 2009-11 biennium to Oregon State Police (OSP) Fish and Wildlife Division. 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 Oregon’s fish and wildlife resources, and the habitats upon which they depend. The OSP Fish and Wildlife Division is the single enforcement entity designated by law to protect fish and wildlife resources.

The OSP Fish and Wildlife Division enforces fish, wildlife and commercial fishing laws, and protects natural resources. The members of the

OSP Fish and Wildlife Division also enforce traffic, criminal, boating, livestock and environmental protection laws, and respond to emergency situations. The Superintendent of State Police and the Director of the Oregon Department of Fish and Wildlife have formed a partnership through Cooperative Enforcement Planning so that enforcement efforts of the division are directed toward ODFW’s priorities and management goals.

Issues

The key enforcement issue is the continuing use of emergency and temporary rules to protect sensitive resources while maximizing recreational and commercial opportunities. These rules often are not printed in the annual regulation pamphlet, which leads to the need for an added enforcement presence.

The OSP Fish and Wildlife Division, as the single enforcement entity tasked with protecting fish and wildlife resources, has been hindered by

fewer officers available to meet a growing workload. An expanding population base desires to use a finite, and in some cases a declining, natural resource base. As a result, the protection of Oregon’s fish and wildlife resources is more critical than ever before. Increasingly, the division is called upon to investigate natural resource violations in such areas as fill and removal, water quality and quantity, water pollution and forest practices. These requests have resulted in partnerships with other natural resource agencies.


Agency Request X Governor’s Recommended Legislatively Adopted Budget Page 686 2009-11 State Police Enforcement Program Narrative

OSP’s strategic plan includes the Fish and Wildlife Division as an integral component. A division-specific strategic plan includes cooperative enforcement planning as a priority task. 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). The OSP strategic plan also is focused on additional training to enhance professionalism, increased funding and increased knowledge and use of information systems.

Thirteen 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.

Revenue Sources and Proposed Revenue Changes

Historically, the OSP Fish and Wildlife Division received 100 percent Other Funds from ODFW through an Inter Governmental Agreement. Other Funds are derived from the sales of hunting and fishing licenses and tags, and commercial fishing fees. This same funding will continue into the 2009-11 biennium

Proposed New Laws

No new laws are proposed Expected Results from the -2009-11 Budget

Continued funding for this essential program


Agency Request X Governor’s Recommended _ Legislatively Adopted Budget Page 687 2009-11 State Police Enforcement Essential Packages

Essential Packages

The Essential Packages represent changes made to the 2007-09 budget that estimates the cost to continue current legislatively approved programs into the 2009-11 biennium. 010 Vacancy Factor and Non-PICS Personal Services

None 021/ 022 Cost of Phase-in and Phase-out Programs and One-time Costs

This package reflects phase out of one-time rental of a large commercial fishing vessel or patrol vessel for use in enforcing commercial fishing regulations.

031 Inflation/Price List Increases

Inflation increase: 2.8 percent is the established general inflation factor for 2009-11 has been applied to Special Payments expenditures.

032 Above Standard Inflation

An additional 9.22% increase is needed to continue operations at the established current service levels.

050 Fund Shifts

None

60 Technical Adjustments

None


Agency Request X Governor’s Recommended _ Legislatively Adopted Budget Page 688 2009-11 State Police Enforcement Essential Packages

70 Revenue Reductions

None


Agency Request X Governor’s Recommended _ Legislatively Adopted Budget Page 689 2009-11 State Police Enforcement Policy Option Packages

Policy Package 301 Fish and Wildlife Enforcement Improvements OSP Boat PURPOSE The Oregon State Police is seeking additional authority to spend $250,000 to be transferred to Oregon State Police from Oregon Department of Fish and Wildlife for the purpose of continuing fisheries enforcement in coastal waters. The increase will continue to fund the Oregon State Police Fish and Wildlife Division’s (OSP) rental of commercial fishing vessels or patrol vessels. The Oregon State Police currently has no vessel capable of pulling commercial fishing gear, primarily crab pots. The ability to pull and work commercial crab gear will be critical to effective enforcement of crab pot limits. It will also aid in addressing the continuing problems of gear being left at sea after the season closes. The use of a larger vessel will also improve enforcement. There have been several instances when effective enforcement was hampered by not having a larger patrol vessel. Current patrol vessels have a limit in range and are also limited by weather conditions. Several other fisheries would benefit from having a larger vessel such as halibut, sablefish, and salmon. An alternative to renting a vessel would be purchasing one. The Oregon State Police would like to purchase a patrol vessel. Oregon is the only coastal state in the nation without a large offshore patrol vessel for fisheries enforcement in coastal waters. The Oregon State Police is seeking funding and approval to purchase a large offshore patrol vessel, 65-feet in length, and to implement a large offshore patrol vessel program for the enforcement of state and federal fisheries in coastal waters offshore of Oregon seaward for 200 miles. A patrol vessel and program will provide Oregon State Police with an enforcement tool which will create a fair playing field and facilitate voluntary compliance of commercial and recreational fisheries regulations. Without effective enforcement, unlawful activities by commercial and recreational fishers have the potential for great biological impacts not to mention illegal profit gain from such unlawful activity. In order to gain voluntary compliance of commercial and recreational laws and rules, the Oregon State Police must have the ability and equipment, such as a patrol vessel, to monitor fishers at sea along with the ability to seize and haul any unlawful gear. The $250,000 would fund the operations of a vessel, if one was purchased, rather then renting one. HOW ACHIEVED This increase in limitation will be for services and supplies. No personal services are proposed.


Agency Request X Governor’s Recommended _ Legislatively Adopted Budget 90 2009-11 State Police Enforcement Policy Option Packages

STAFFING IMPACT None QUANTIFYING RESULTS PART A: Links to and Impacts on Agency Key Performance Measures (KPMs): Compliance rate for all Ocean Fisheries; Sport and Commercial

2009-11 #___

SHORT TITLE - Compliance rate for all Ocean Fisheries; Sport and Commercial

DATA: 2003 2004 2005 2006 2007 2008 2098 2010 2011 2012 Actual 86.8% 88.0% 89.7% 88.3% Target 85% 85% 85% 85% 85% 85% 85% 85% 85% 85%Target Impact

Longer-Range Effects: An off shore vessel will ensure compliance of commercial fishers and prevent great biological impacts not to mention illegal profit gain from such unlawful activity. REVENUE SOURCE $250,000 Other Fund (Commercial Fish Fund)



Policy Package 301 Fish and Wildlife Enforcement Improvements Additional OSP Troopers PURPOSE Add two additional Fish and Wildlife positions to the Central Oregon area, one position in Bend and the second position in Prineville. These positions would return two positions that were redirected from these offices in support of the Oregon Plan for Salmon and Watersheds. Pineville Position The current staffing allocated to Oregon State Police in Prineville is one General Fish and Wildlife Trooper/Senior Trooper (ODFW funded), supervised by the Fish and Wildlife Sergeant in Bend. This officer is responsible for the follow area and activities. Demographics Square Miles: 2,991 Stream Miles: 374 Lakes and Reservoirs: 70 Wildlife Management Units: Grizzly, Ochoco, Maury, Silvies Total Population: 22,067 Prineville and Crook County are also experiencing the growth common to Central Oregon. The population in Crook County has increased by 15% since 2000, and is currently 22,067. Prineville has a current population of 8,908, up 21% since 2000. Wildlife Management Units within the Prineville patrol area are very popular for deer and elk hunters, and the lakes and streams are well used by anglers and boaters. The Ochoco Unit went to limited entry for bow elk hunting in 2005, which also affected bow deer hunting in that unit. Only those who draw and purchase an Ochoco controlled hunt bow elk tag can also hunt deer during archery season. Limited entry hunts present increased problems with party hunting and hunting with a general season tag. Prior to implementation of the Oregon Plan for Salmon and Watersheds, there were two Fish and Wildlife Division Troopers assigned to Prineville; however, one of those positions was reallocated to another location. Requests are made each year to provide additional staffing during deer and elk seasons in Crook County, and a seasonal employee is hired each year to provide enforcement in the Rager Cooperative Road Closure.



It appears that population trends will continue to increase in Crook County, and this position would provide a 100% increase in time devoted to ODFW Cooperative Enforcement Planning priorities and other baseline services. Increased hunting pressure during archery and rifle seasons have also shown an increase in all terrain vehicle enforcement issues in Crook County. ATV’s are commonly used during hunting seasons and troopers often encounter issues of operating ATV’s in a prohibited area, no ATV registration, or carrying loaded firearms. As with Bend, the Prineville Trooper also operates in a reactive mode, with little time to conduct proactive patrols to deter violations. The compliance rate for violations in this area is slightly above the statewide average for wildlife violations, and slightly below the state wide average for fishing activities. HOW ACHIEVED The Oregon Department of Fish and Wildlife conducted a public process to determine what fee increase in hunting and angling fees are needed for ODFW to continue to provide their current level of service. ODFW assembled an External Budget Advisory Committee (EBAC) that reviewed a tag and license fee increase. This fee increase would provide the current level of service and provide an enhancement of one million dollars to each of the Wildlife and Fisheries Sections. The Wildlife Section has testified before the EBAC Committee that the Wildlife Section has identified as their highest priority to use one half of their million dollar enhancement to hire two additional Fish and Wildlife Enforcement Officers. During April of 2008, the ODFW hosted Town Hall Meetings in twelve different towns across Oregon to measure the level of service the citizens of Oregon are willing to accept and what they are willing to pay for that service. These two positions would be funded with funds from ODFW and would be implemented in the 2009-11 biennium.



Expenditures Fund Type 2009-11 2011-13 2013-15 Personal Services Other Funds $316,846 $362,109 $362,109 Services & Supplies Other Funds $89,794 $89,857 $89,857 Capital Outlay Other Funds $52,676 $17,560 $17,560 Special Payments Debt Service Total: $459,316 $469,526 $469,526Revenues Fund Type 2009-11 2011-13 2013-15 Charges For Service Transfer From: ODFW Other Funds $459,316 $469,526 $469,526 Other (list) Total: Position Class/Salary Range Phase-In

Date Fund Type 2009-11

Pos/FTE 2011-13 Pos/FTE

2013-15 Pos/FTE

SU U7555 AA/24S 10/01/09 Other Funds 2/1.76 2/2.00 2/2.00 Total:

STAFFING IMPACT None QUANTIFYING RESULTS PART A: Links to and Impacts on Agency Key Performance Measures (KPMs): Angling and Hunting Voluntary Compliance



Bend Position

2009-11 #___

SHORT TITLE – Angling and Hunting Voluntary Compliance

DATA: 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Actual 85.9% 78.0% 84.0% Target 85.0% 85.0% 85.0% 85.0% 85.0% 85.0% 85.0% 85.0% 85.0% 85.0% Actual 73.3% 76.9% 81.8% Target 85.0% 85.0% 85.0% 85.0% 85.0% 85.0% 85.0% 85.0% 85.0% 85.0%Target Impact

Prineville Position

2009-11 #___

SHORT TITLE – Angling and Hunting Voluntary Compliance

DATA: 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Actual 91.7% 88.1% 88.5% Target 85.0% 85.0% 85.0% 85.0% 85.0% 85.0% 85.0% 85.0% 85.0% 85.0%Actual 85.6% 90.4% 91.0% Target 85.0% 85.0% 85.0% 85.0% 85.0% 85.0% 85.0% 85.0% 85.0% 85.0%Target Impact

Longer-Range Effects: Voluntary compliance rates have dropped in the Central Oregon area since reallocating officers from this area to other locations in Oregon to assist with the implementation of the Oregon Plan for Salmon and Watersheds. If these positions are not restored, compliance rates will continue to decline which will affect listed and threatened species. The population trends in the Central Oregon area are expected to continue which will continue to magnify the decline in voluntary compliance rates.



REVENUE SOURCE $500,000 Other Fund (License)


Agency Request X Governor’s Recommended _ Legislatively Adopted Budget Page 696 2009-11 State Police Enforcement Essential and Policy Package Fiscal Impact Summary – BPR013


Agency Request X Governor’s Recommended _ Legislatively Adopted Budget Page 701 2009-11 State Police Enforcement Revenue Detail – 107BF07

Detail of Lottery Funds, Other Funds and Federal Funds Revenues

ORBITS

2007-09 2009-11 Revenue

Source Fund Accounts 2005-07 Actuals

Legislatively Adopted

2007-09 Estimated

Agency Request

Governor's Recommended

Legislatively

Adopted

Beginning Balance L 0025 0 0 0 0 0 0

Transfer in - Lottery Proceeds L 0 0 0 0 0 0 Transfer in - Oregon Watershed Enhancement Board L

1691 0 0 0 0 0 0

TOTAL LOTTERY FUNDS

0 0 0 0 0 0

Beginning Balance O 0025 0

Hunter & Angler Licenses 0230 12,953,322 14,356,763 14,356,763 16,581,254 16,581,254

Dedicated O 0 0 0 0 0 0

Non Dedicated O 0

Fee Increase O

0 0 0 0 0 0

subtotal Hunter & Angler Licenses

12,953,322 14,356,763 14,356,763 16,581,254 16,581,254 0

Commercial Fisheries Fund O 0235 0 0 0 250,000 250,000 0

Charges for Services O 0410 0

Fines & Forfeitures O 0505 0 0 0 0 0 0

Rents & Royalties O 0510 0

Certificates of Participation O 0580 0 0 0

Interest Income O 0605 0 0 0 0

Sales Income O 0705 0 0 0

Donations O 0905 0 0 0

Other Revenues O 0975 0 0 0 0 0 0

Transfer in - Intrafund O 1010 0 0 0 0

Transfer in from Federal Indirect Revenue O 1020 0 0 0 0 0 0

Transfer in - Economic Development O 1123 0 0 0 0 0 0

Transfer in - Oregon Dept. of Revenue O 1150 0 0 0 0 0 0

Transfer in - Marine Board O 1250

Transfer in - Dept of State Police O 1257


Agency Request X Governor’s Recommended _ Legislatively Adopted Budget Page 702 2009-11 State Police Enforcement Revenue Detail – 107BF07

Detail of Lottery Funds, Other Funds and Federal Funds Revenues

ORBITS

2007-09 2009-11 Revenue

Source Fund Accounts 2005-07 Actuals

Legislatively Adopted

2007-09 Estimated

Agency Request

Governor's Recommended

Legislatively

Adopted

Transfer in - Water Resources Department O 1690 0 0 0 0 0 0

Transfer in - Watershed Enhancement Board O 1691 0 0 0 0 0 0

Transfer in - Dept. of Energy O 1330 0 0 0 0 0 0

Transfer out - Intrafund O 2010 0 0 0 0 0 0

Transfer out - Dept. of State Police O 2257 0 0 0 0 0 0

Transfer out - Dept. of Agriculture O 2603 0 0 0 0 0 0

Transfer out - Marine Board O 2250

0 0 0 0 0 0

TOTAL OTHER FUNDS

12,953,322 14,356,763 14,356,763 16,831,254 16,831,254 0

Beginning Balance F 0025 0 0 0 0 0 0

Federal Revenues F 0995 0

Transfer out - Federal Indirect F 2020

0

TOTAL FEDERAL FUNDS

0 0 0 0 0 0


Agency Request X Governor’s Recommended _ Legislatively Adopted Budget Page 703 2009-11 State Police Enforcement Detail of LF, OF, and FF Revenues – BPR012


Agency Request X Governor’s Recommended _ Legislatively Adopted Budget Page 704 2009-11 State Police Enforcement Program Unit Appropriated Fund and Category Summary – BPR007A



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