Notwithstanding any other provision of the wildlife laws, the following provisions apply with regard to the issuance and use of landowner preference tags referred to in ORS 496.146 (4): (1) Landowner preference tags shall be issued for the hunting of deer, elk or antelope. (2) Landowner preference tags may be used only for hunting on the landowners property. (3) Subject to subsection (6) of this section, landowner preference tags for the hunting of deer or elk may be transferred to any person of the landowners choosing and shall be used for the taking of antlerless animals. (4) Landowner preference tags for the hunting of antelope are not transferable and may not be used for the taking of buck antelope. (5) Each landowner preference tag for the hunting of deer may be used to take two antlerless animals before, during or after the hunting season for which the tags are valid for the purpose of alleviating damage that is presently occurring to the landowners property, in accordance with such rules as the State Fish and Wildlife Commission may adopt. (6) Landowner preference tags for the hunting of deer or elk may be transferred to a person of the landowners choosing as follows: (a) A landowner who is issued only one tag may not transfer that tag. (b) A landowner who is issued two or more tags may transfer not more than 50 percent of the tags to a person who is not an immediate family member, as defined in ORS 496.146 (4). If the calculation of the number of tags eligible for transfer under the provisions of this paragraph results in a fraction, the commission shall round up the number of tags to the next whole number. (7)(a) As specified pursuant to a formula determined by the commission by rule, the number of landowner preference tags issued for mule deer must be based upon the management, research and habitat needs set forth in the wildlife management plan for mule deer. (b) If the population of mule deer in a wildlife management unit is greater than the goal specified in the wildlife management plan for mule deer, a landowner who is issued a landowner preference tag is eligible, pursuant to criteria established by rule of the commission, for the number of tags that corresponds to the number of acres that landowner has registered with the State Department of Fish and Wildlife for participation in the program. (c) The commission may specify by rule a formula for determining the number of landowner preference tags that are available for controlled hunts for mule deer in a wildlife management unit in which the population of mule deer is less than the goal specified for that wildlife management unit in the wildlife management plan for mule deer. (8) Landowners shall pay the applicable fee under ORS 497.061 to register for participation in the program. (9) A landowner shall pay the applicable fee under ORS 497.061 to modify the landowners tag distribution.
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