75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1011
 
                           A-Engrossed
 
                         House Bill 2220
                  Ordered by the House April 27
            Including House Amendments dated April 27
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for State Department of Fish and Wildlife)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Authorizes Department of State Police, State Department
of Fish and Wildlife and State Marine Board to require persons
transporting recreational or commercial watercraft to stop at
check station for inspection of watercraft for presence of
aquatic invasive species. - }
    { - Creates crime of unlawful avoidance of aquatic invasive
species check stations. Punishes by maximum of one year's
imprisonment, $6,250 fine, or both. - }
    { - Creates crime of unlawful use of aquatic invasive
species.  Punishes by maximum of one year's imprisonment, $6,250
fine, or both. Provides enhanced penalty for repeated
violations. - }
   { +  Authorizes State Department of Fish and Wildlife, State
Marine Board and State Department of Agriculture to operate check
stations for purpose of inspecting recreational or commercial
watercraft for presence of aquatic invasive species. Authorizes
departments and board to decontaminate watercraft.
  Directs State Department of Fish and Wildlife to report
biennially to Legislative Assembly on efforts to prevent aquatic
invasive species from entering state.
  Imposes civil penalties for knowingly transporting aquatic
invasive species on or in watercraft. Creates exceptions. + }
 
                        A BILL FOR AN ACT
Relating to aquatic invasive species.
Be It Enacted by the People of the State of Oregon:
  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. + }
                         ----------