Chapter 342
AN ACT
SB 569
Relating to sturgeon; creating new provisions; amending ORS 497.325;
and repealing ORS 497.330.
Be It Enacted by the People of
the State of
SECTION 1. ORS 497.325 is amended to read:
497.325. [(1) No person shall remove the eggs from
those members of the family Acipenseridae, commonly known as green sturgeon or
white sturgeon, for use in artificial propagation without first obtaining a
permit therefor from the State Fish and Wildlife Commission.]
[(2)] (1) [No person
shall] A person may not operate a fish hatchery for those members of
the family Acipenseridae, commonly known as green sturgeon or white sturgeon,
without [first obtaining] holding
a permit therefor from the State Fish and Wildlife Commission.
[(3)] (2) [The
commission shall not issue any permit required by subsection (1) or (2) of this
section unless the commission determines that activities conducted under the
permit will be solely for educational and scientific purposes.] Any permit
issued pursuant to this section shall be subject to such terms and conditions
as the commission considers appropriate to protect, perpetuate and enhance the
sturgeon population of the
(3) The commission by
rule shall specify:
(a) The number of
permits under this section that may be issued each calendar year;
(b) The method for
allocating the permits; and
(c) The standards and
criteria under which a permit must be exercised.
(4) When issuing a
permit under this section, the commission may impose any additional conditions
that the commission deems necessary to ensure compliance with this section.
(5)(a) A permit issued
under this section for a fish hatchery operated for commercial purposes may not
authorize the use of green sturgeon or white sturgeon broodstock taken from the
wild.
(b) The commission shall
collect an annual fee of $3,000 for any permit issued under this section that
allows the artificial propagation of green sturgeon or white sturgeon for commercial
purposes. Payment of a fee under this subsection satisfies the payment of the
fee required for a fish propagation license under ORS 497.252.
SECTION 2. When considering an application for a permit
under ORS 497.325, the State Fish and Wildlife Commission shall, to the
greatest extent practicable, give priority to any
person who holds a permit on December 31, 2007, unless the commission finds
good cause not to give such priority.
SECTION 3. The State Fish and Wildlife Commission may
issue to any person through calendar year 2010 a special permit for the
collection of male white sturgeon and eggs from oversize female white sturgeon
for commercial aquaculture in accordance with rules adopted by the commission,
provided that the person possessed such a special permit from the commission in
calendar year 2006.
SECTION 4. Section 3 of this 2007 Act is repealed on
January 1, 2011.
SECTION 5. ORS 497.330 is repealed.
Approved by the Governor June 11, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
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