75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 571
Sponsored by Senator PROZANSKI (at the request of former state
Representative Susan Morgan)
CHAPTER ................
AN ACT
Relating to fish; creating new provisions; and amending ORS
498.222.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 498.222 is amended to read:
498.222. (1) No person shall:
(a) Transport any live fish unless the person has first
obtained a permit therefor from the State Fish and Wildlife
Commission.
(b) Release or attempt to release into any body of water any
live fish that was not taken from that body of water, unless the
person has first obtained a permit therefor from the commission.
(2) The commission may refuse to issue the permit referred to
in subsection (1)(b) of this section if the commission finds that
release of the fish into a body of water would adversely affect
existing fish populations.
(3) Subsection (1)(a) of this section does not apply to live
fish that are for aquaria use.
{ + (4) Notwithstanding ORS 496.992, violation of subsection
(1)(b) of this section is:
(a) A Class C felony if the violation is committed
intentionally or knowingly.
(b) A Class A misdemeanor if the violation is committed
recklessly or with criminal negligence.
(5)(a) Notwithstanding ORS 497.415 (1), (2), (3) and (5), when
a person is convicted of violating subsection (1)(b) of this
section, the court in which the conviction occurs shall notify
the commission, which shall revoke all angling licenses and tags
issued to that person pursuant to the wildlife laws. Revocation
of licenses and tags is in addition to and not in lieu of other
penalties provided by law.
(b) No person who has been convicted of violating subsection
(1)(b) of this section shall apply for, obtain or possess any
angling license or tag issued pursuant to the wildlife laws
within five years after the conviction.
(6)(a) The commission may institute suit for the recovery of
damages for the control or eradication of live fish released into
a body of water in violation of subsection (1)(b) of this
section. The damages awarded under this subsection shall be the
amount necessary to return the body of water to its condition
prior to the violation.
Enrolled Senate Bill 571 (SB 571-A) Page 1
(b) In any action under this subsection, the court shall award
to the prevailing party, in addition to costs and disbursements,
reasonable attorney fees.
(c) Damages awarded under this subsection shall be in addition
to other penalties prescribed by the wildlife laws for releasing
or attempting to release live fish without a permit.
(d) Any circuit or justice court has jurisdiction to try any
case for the recovery of damages as provided by this
subsection. + }
SECTION 2. { + The amendments to ORS 498.222 by section 1 of
this 2009 Act apply to violations first occurring on or after the
effective date of this 2009 Act. + }
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Passed by Senate April 22, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 20, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 571 (SB 571-A) Page 2
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 571 (SB 571-A) Page 3