Chapter 186 Oregon Laws 2001

 

AN ACT

 

HB 2285

 

Relating to angling contests; amending ORS 498.279 and 498.286; repealing ORS 498.284; and declaring an emergency.

 

Be It Enacted by the People of the State of Oregon:

 

          SECTION 1. ORS 498.279 is amended to read:

          498.279. (1) A person, or group of persons, may conduct, sponsor and participate in any competition or contest in which prizes are offered for the amount, quality, size, weight or other physical characteristics of black bass or walleye, provided that [taken only in accordance with the following restrictions:]

          [(a) The same fish may be used in different categories of competition in a contest if the prize awarding system is such that the value of prizes awarded to a participant does not exceed two times the individual prize value limitation.]

          [(b)] the rules of [any such] a competition or contest [must be] are prepared and distributed by the sponsors to the contestants and [must be] are administered and enforced by the sponsors. Such rules shall include, but are not [be] limited to:

          [(A)] (a) A requirement that the contestants [utilize] use aerated live wells or other [such] equipment so that all reasonable efforts are made to maintain the fish taken in a live and healthy condition [so that the fish may be returned alive to the water or delivered to the State Fish and Wildlife Commission for restocking].

          (b) A requirement that all fish caught that are in a healthy condition are immediately returned to the water where they were caught, after weighing. Black bass may be turned over to the State Department of Fish and Wildlife for restocking.

          [(B)] (c) A requirement that bass tournament contestants use only artificial or other such prepared baits.

          [(C) A requirement that the sponsor shall specify the maximum number of boats participating to minimize any adverse impact on other uses of the contest waters.]

          [(c) The sponsor of the competition or contest must submit to the commission, at least 30 days prior to commencement of the event, a written description of the manner in which the competition or contest is to be conducted. Such description shall include the locations, dates and times of the event, rules for conduct of the events, the amounts of entry fees, the amounts, descriptions and methods of awarding prizes and the equipment and methods to be used by contestants to keep fish taken in a live and healthy condition.]

          [(d) At the request of the commission, the sponsor of the event shall report the results of the event to the commission, on a form provided by the commission not later than 30 days after the end of the event.]

          [(e) A competition or contest may not be held on any particular body of water more often than once in any 14-day period. The commission may order closure of any waters to competitions or contests when the commission considers such action necessary to protect wildlife resources.]

          [(2) The commission shall limit the number of contests and participants and determine the location of such contests and shall adopt any other rules the commission considers necessary to carry out the provisions of this section.]

          [(3)] (2) As used in this section, “black bass” means largemouth bass, smallmouth bass, redeye bass, spotted bass and all other basses of the genus Micropterus.

          (3) The State Fish and Wildlife Commission may adopt rules to limit the number of contests and participants, determine the location of contests and prescribe other terms and conditions regarding the conduct of contests under this section.

 

          SECTION 2. ORS 498.286 is amended to read:

          498.286. (1) Except as provided in subsection (2) of this section and ORS 498.279 [and 498.284], no person shall conduct, sponsor or participate in any competition or contest in which any prize of a retail value of more than $1,000 is offered for the amount, quality, size, weight or other physical characteristic of game fish taken.

          (2) When a prize is offered that exceeds $1,000 for the amount, quality, size, weight or other physical characteristic of a game fish taken, the State Fish and Wildlife Commission, by rule, may limit the number of contests and participants, determine the location of [such] contests and prescribe [such] other terms and conditions regarding the conduct of [such] contests [as the commission determines necessary to protect wildlife resources and ensure an orderly fishery].

 

          SECTION 3. ORS 498.284 is repealed.

 

          SECTION 4. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

 

Approved by the Governor May 24, 2001

 

Filed in the office of Secretary of State May 24, 2001

 

Effective date July 1, 2001

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