Chapter 39 Oregon Laws 2003

AN ACT

HB 2033

Relating to fees; amending ORS 508.540.

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

SECTION 1. ORS 508.540 is amended to read:

508.540. (1) In addition to the penalty prescribed by ORS 506.991, the State Fish and Wildlife Director, under the authority of the State Fish and Wildlife Commission, may suspend or revoke any license for which a fee is required under ORS 508.285 if the person holding the license fails [failure on the part of any person] to keep the record required by ORS 508.535 or [failure of such person] fails to submit the books, records, papers or memoranda of the person for inspection, pursuant to ORS 508.535 (4), to any member of the [State Fish and Wildlife] commission or any of its representatives presenting written authority from the commission [is good and sufficient reason for the commission to order the State Fish and Wildlife Director to suspend or revoke the license granted to such person].

(2) [Any person failing to pay the fee required by ORS 508.505 shall be denied a renewal of such license or the issuance of any other license which may be issued by the director.] The State Fish and Wildlife Director may suspend, deny the renewal of or refuse to issue any license for which a fee is required under ORS 508.285 if the person holding or applying for the license is more than 60 days past due in an amount of more than $400 owed:

(a) From fees pursuant to ORS 508.505;

(b) From overage, incidental catch or bycatch charges; or

(c) To any food fish commodity commission established under ORS chapter 576.

(3) The State Fish and Wildlife Commission may contact any food fish commodity commission at any time to obtain lists of persons who owe past due fees to the commodity commission.

(4) For purposes of this section:

(a) “Bycatch” means the unintended taking of a species of food fish that:

(A) Occurs while targeting another species of food fish; and

(B) Is prohibited due to time, place, manner, regulations or quota restrictions.

(b) “Incidental catch” means the unintended legal taking of a species of food fish that occurs while targeting another species of food fish.

(c) “Overage” means the amount of food fish taken for commercial purposes that exceeds the amount allowed by federal and state law.

Approved by the Governor April 1, 2003

Filed in the office of Secretary of State April 2, 2003

Effective date January 1, 2004

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