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 1295
 
                         Senate Bill 571
 
Sponsored by Senator PROZANSKI (at the request of former state
  Representative Susan Morgan)
 
 
                             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.
 
  Increases penalty for releasing or attempting to release live
fish into body of water without permit to maximum of five years'
imprisonment, $125,000 fine, or both.
  Requires State Fish and Wildlife Commission to revoke all
angling licenses and tags of person convicted of releasing or
attempting to release live fish into body of water without
permit.  Allows commission to institute suit for recovery of
damages for control or eradication of live fish released into
body of water without permit.
 
                        A BILL FOR 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) Violation of subsection (1)(b) of this section is a
Class C felony.
  (5)(a) Notwithstanding ORS 497.415 (1), (2) or (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 ___ 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.
  (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. + }
                         ----------