Chapter 303 Oregon Laws 2009

AN ACT

HB 2583

Relating to boats; creating new provisions; and amending ORS 830.990.

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

SECTION 1. Section 2 of this 2009 Act is added to and made a part of ORS chapter 830.

SECTION 2. (1) As used in this section:

          (a) “Aquatic invasive species” means any aquatic life or marine life determined by the State Fish and Wildlife Commission by rule to be invasive or any aquatic noxious weed determined by the State Department of Agriculture to be invasive.

          (b) “Launch” means any act that places a boat into a waterway for recreational boating, for flushing or testing an engine or for any other purpose.

          (2) Except as provided in subsection (3) of this section, a person may not launch a boat into the waters of this state if:

          (a) The boat has any visible aquatic species on its exterior hull or attached to any motor, propulsion system or component, anchor or other attached apparatus outside of the hull, or on the trailer or other device used to transport the boat; or

          (b) The boat has any aquatic invasive species within its bilge, livewell, motorwell or other interior location.

          (3) The State Fish and Wildlife Commission, in consultation with the State Department of Agriculture, by rule may allow the presence of certain aquatic species on or within a boat for activities including but not limited to hunting and photography.

          (4) The State Marine Board shall provide information to the public about any rules adopted under subsection (3) of this section.

SECTION 3. ORS 830.990 is amended to read:

          830.990. (1) A person who violates ORS 830.050, 830.088, 830.090, 830.092, 830.094, 830.230, 830.415, 830.710, 830.720, 830.770, 830.780, 830.810, 830.850 or 830.855, or rules adopted to carry out the purposes of those statutes, commits a Class D violation.

          (2) A person who violates ORS 830.220, 830.240, 830.245, 830.250, 830.375, 830.475 (4), 830.480, 830.785, 830.805 or 830.825, or rules adopted to carry out the purposes of those statutes, commits a Class C violation.

          (3) A person who violates ORS 830.110, 830.175, 830.180, 830.185, 830.195, 830.210, 830.215, 830.225, 830.235, 830.260, 830.300, 830.315 (2) and (3), 830.335, 830.340, 830.345, 830.350, 830.355, 830.360, 830.362, 830.365, 830.370, 830.410, 830.420, 830.495, 830.775, 830.795 or 830.830 or section 2 of this 2009 Act, or rules adopted to carry out the purposes of those statutes, commits a Class B violation.

          (4) A person who violates ORS 830.305 or 830.390, or rules adopted to carry out the purposes of those statutes, commits a Class A violation.

          (5) A person who violates ORS 830.383 or 830.909 commits a Class B misdemeanor.

          (6) A person who violates ORS 830.035 (2), 830.053, 830.315 (1), 830.325, 830.475 (1), 830.730 or 830.955 (1) commits a Class A misdemeanor.

          (7) A person who violates ORS 830.475 (2) commits a Class C felony.

Approved by the Governor June 17, 2009

Filed in the office of Secretary of State June 17, 2009

Effective date January 1, 2010

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