Chapter 672 Oregon Laws 1999

Session Law

AN ACT

HB 3612

Relating to commercial fishing.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 1999 Act is added to and made a part of ORS chapter 506.

SECTION 2. (1) As used in this section, "gain" means the amount of money and the value of any property derived from the violation.

(2) In addition to any other sanction imposed by law, if a person derives a gain of at least $5,000 from violating any commercial fishing law or rule promulgated pursuant to such laws, the person shall be subject to a civil penalty that is equal to twice the amount of the gain.

(3) Civil penalties under this section shall be imposed pursuant to ORS 183.090.

(4) Any civil penalty received by the State Department of Fish and Wildlife under this section shall be deposited in the Commercial Fisheries Fund.

SECTION 3. Section 4 of this 1999 Act is added to and made a part of ORS 576.051 to 576.584.

SECTION 4. (1) There is created the Oregon Albacore Commission. Except as provided in subsection (3) of this section, the commission shall be considered to have been created in all respects pursuant to ORS 576.051 to 576.584 and is vested with all the duties, functions, powers, rights and liabilities of commissions created pursuant to ORS 576.051 to 576.584. All producers and handlers of albacore are subject to the duties, rights and liabilities provided in ORS 576.051 to 576.584.

(2) The commission shall consist of seven members appointed by the Director of Agriculture. Five members shall be producers of albacore and two members shall be licensed fish processors who are not producers. In making appointments to the commission, the director shall consider recommendations made to the director by producers of albacore, producers' organizations, fish processors or processors' organizations.

(3) Notwithstanding the assessment limit in ORS 576.325 (2), the commission may:

(a) Assess, levy and collect an assessment pursuant to ORS 576.325 in an amount not to exceed three percent of the average unit price of albacore received by the producer in the boat after catch, and before packaging or processing, during the three years immediately preceding; and

(b) Assess, levy and collect an assessment from all first purchasers of albacore in an amount not to exceed three percent of the average unit price of albacore received by the producer in the boat after catch, and before packaging or processing, during the three years immediately preceding. The assessment shall be levied and assessed to the first purchaser at the time of sale.

Approved by the Governor July 13, 1999

Filed in the office of Secretary of State July 14, 1999

Effective date October 23, 1999

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