75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2220
 
LC 1011/HB 2220-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2220
 
    By COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND RURAL
                           COMMUNITIES
 
                            April 27
 
  On page 1 of the printed bill, delete lines 4 through 28 and
delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + }  { + As used in sections 2 to 4 of this
2009 Act:
  ' (1) 'Aquatic invasive species' means any aquatic species of
wildlife or any freshwater or marine invertebrate, as specified
by the State Fish and Wildlife Commission by rule, or any aquatic
noxious weeds as specified by the State Department of Agriculture
by rule.
  ' (2) 'Recreational or commercial watercraft' means any boat,
any equipment used to transport a boat and any auxiliary
equipment for a boat, including but not limited to attached or
detached outboard motors. + }
  '  { +  SECTION 2. + }  { +  (1) The State Department of Fish
and Wildlife, the State Marine Board and the State Department of
Agriculture are authorized to:
  ' (a) Operate check stations for the purpose of inspecting
recreational or commercial watercraft for the presence of aquatic
invasive species.
  ' (b) Decontaminate, or recommend decontamination of, any
recreational or commercial watercraft that is inspected at a
check station operated under authority of this section.
  ' (2) All check stations operated under authority of this
section must be plainly marked by signs that comply with all
state and federal laws and must be staffed by at least one
uniformed employee of the State Department of Fish and Wildlife,
the State Marine Board or the State Department of Agriculture
trained in inspection and decontamination of recreational or
commercial watercraft. + }
  '  { +  SECTION 3. + }  { + (1) The State Department of Fish
and Wildlife, after consultation with the State Marine Board, the
State Department of Agriculture and the Department of State
Police, shall report biennially to the Legislative Assembly on
efforts to prevent aquatic invasive species from entering this
state and may include in the report suggested legislation
necessary to more effectively prevent aquatic invasive species
from entering this state.
  ' (2) Reports to the Legislative Assembly required under this
section must be made in accordance with ORS 192.245. + }
  '  { +  SECTION 4. + }  { + (1) A person is subject to a civil
penalty in an amount to be determined by the State Fish and
Wildlife Director of not more than $6,250 if the person knowingly
transports aquatic invasive species on or in a recreational or
commercial watercraft.  A second or subsequent violation of this
subsection within a five-year period shall result in a civil
penalty in an amount not less than $5,000 and not more than
$15,000.
  ' (2) Subsection (1) of this section does not apply to:
 
  ' (a) A person who transports aquatic invasive species in
ballast water.
  ' (b) A person who complies with all instructions for the
proper decontamination of the recreational or commercial
watercraft given by an employee authorized under section 2 (1) of
this 2009 Act to inspect recreational or commercial watercraft.
  ' (c) A person who transports aquatic invasive species to the
State Department of Fish and Wildlife or the State Department of
Agriculture, or to another destination designated by the State
Fish and Wildlife Commission by rule, in a manner designated by
the commission for purposes of identifying or reporting an
aquatic invasive species.
  ' (3) The civil penalties authorized in this section shall be
imposed as provided in ORS 183.745. Any civil penalty recovered
under this section shall be deposited in the State Wildlife Fund.
The commission by rule shall adopt the formula the State Fish and
Wildlife Director shall use in determining the amount of civil
penalties under this section. + }
  '  { +  SECTION 5. + }  { + The State Department of Fish and
Wildlife shall submit the first report required under section 3
of this 2009 Act by March 1, 2011. + } ' .
                         ----------