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
House Bill 2220
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 as
introduced.
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.
A BILL FOR AN ACT
Relating to aquatic invasive species.
Be It Enacted by the People of the State of Oregon:
{ +
UNLAWFUL AVOIDANCE OF + }
{ +
AQUATIC INVASIVE SPECIES CHECK STATIONS + }
SECTION 1. { + Sections 2 to 5 of this 2009 Act are added to
and made a part of ORS chapter 496. + }
SECTION 2. { + As used in sections 3 to 5 of this 2009 Act:
(1) 'Aquatic invasive species' means any fish, shellfish,
mollusk, crustacean or marine or freshwater 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 3. { + (1) The Department of State Police, the State
Department of Fish and Wildlife and the State Marine Board are
authorized to:
(a) Require persons transporting recreational or commercial
watercraft to stop at check stations for the purpose of
inspecting the recreational or commercial watercraft for the
presence of aquatic invasive species; and
(b) Stop persons transporting recreational or commercial
watercraft for the purpose of inspecting the recreational or
commercial watercraft for the presence of aquatic invasive
species.
(2) All check stations must be plainly marked by signs that
comply with all state and federal laws and staffed by at least
one employee of the State Department of Fish and Wildlife who
wears a uniform of the department.
(3)(a) A person commits the crime of unlawfully avoiding an
aquatic invasive species check station if the person fails to:
(A) Obey check station signs;
(B) Stop and report at a check station if directed to do so by
an employee of the Department of State Police, the State
Department of Fish and Wildlife or the State Marine Board who has
shown official identification to the person; or
(C) Comply with all instructions for the proper decontamination
of a recreational or commercial watercraft given by an employee
authorized under subsection (1) of this section to stop or
inspect recreational or commercial watercraft.
(b) Unlawfully avoiding an aquatic invasive species check
station is a Class A misdemeanor.
(c) The provisions of ORS 496.680 and 496.992 do not apply to a
violation under this section. + }
SECTION 4. { + (1) The State Department of Fish and Wildlife,
in consultation with the Department of State Police and the State
Marine Board, 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. + }
{ +
UNLAWFUL USE OF AQUATIC INVASIVE SPECIES + }
SECTION 5. { + (1) A person commits the crime of unlawful use
of an aquatic invasive species if the person possesses, imports,
purchases, sells, barters, exchanges, propagates, transports or
releases an aquatic invasive species within this state.
(2)(a) Unlawful use of an aquatic invasive species is a Class A
misdemeanor.
(b) A subsequent violation of subsection (1) of this section
within a five-year period is a Class C felony.
(3) Subsections (1) and (2) of this section do not apply to:
(a) A person who transports or releases organisms in ballast
water;
(b) A person who is stopped at an aquatic invasive species
check station, who possesses a recreational or commercial
watercraft that is contaminated with an aquatic invasive species
and who complies with all instructions for the proper
decontamination of the recreational or commercial watercraft
given by an employee authorized under section 3 (1) of this 2009
Act to stop or inspect recreational or commercial watercraft;
(c) A person who has voluntarily submitted a recreational or
commercial watercraft for inspection to the Department of State
Police, the State Department of Fish and Wildlife or the State
Marine Board and who has received a document that verifies that
the recreational or commercial watercraft has not been
contaminated since its last use;
(d) A person who transports aquatic invasive species to the
State Department of Fish and Wildlife, or to another destination
designated by the State Fish and Wildlife Commission by rule, in
a manner designated by the State Fish and Wildlife Commission by
rule for purposes of identifying or reporting an aquatic invasive
species;
(e) A person who possesses an aquatic invasive species if the
person is in the process of removing the aquatic invasive species
from a recreational or commercial watercraft in a manner
specified by the State Fish and Wildlife Commission by rule;
(f) A person who, while angling, recreating or working, catches
an aquatic invasive species and then immediately returns the
aquatic invasive species to the water from which it came; or
(g) A person who possesses, propagates, transports or releases
an aquatic invasive species as allowed by the State Fish and
Wildlife Commission by rule. + }
SECTION 6. { + The State Department of Fish and Wildlife shall
submit the first report required under section 4 of this 2009 Act
by March 1, 2011. + }
SECTION 7. { + The unit captions used in this 2009 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2009 Act. + }
----------