Bill Text: OR HB2697 | 2013 | Regular Session | Enrolled
Bill Title: Relating to fish carcasses; and declaring an emergency.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-16 - Chapter 132, (2013 Laws): Effective date May 16, 2013. [HB2697 Detail]
Download: Oregon-2013-HB2697-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2697
Sponsored by Representatives KENNEMER, HOYLE; Representatives
BOONE, ESQUIVEL, KRIEGER, MCKEOWN, THOMPSON, WHISNANT, WITT
CHAPTER ................
AN ACT
Relating to fish carcasses; creating new provisions; amending ORS
164.785; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 164.785 is amended to read:
164.785. (1) { + (a) + } It is unlawful for any person,
including a person in the possession or control of any land, to
discard any dead animal carcass or part thereof, excrement,
putrid, nauseous, noisome, decaying, deleterious or offensive
substance into or in any other manner befoul, pollute or impair
the quality of any spring, river, brook, creek, branch, well,
irrigation drainage ditch, irrigation ditch, cistern or pond of
water.
{ + (b)(A) In a prosecution under this subsection, it is a
defense that:
(i) The dead animal carcass that is discarded is a fish
carcass;
(ii) The person returned the fish carcass to the water from
which the person caught the fish; and
(iii) The person retained proof of compliance with any
provisions regarding angling prescribed by the State Fish and
Wildlife Commission pursuant to ORS 496.162.
(B) As used in this paragraph, 'fish carcass' means entrails,
gills, head, skin, fins and backbone. + }
(2) It is unlawful for any person to place or cause to be
placed any polluting substance listed in subsection (1) of this
section into any road, street, alley, lane, railroad right of
way, lot, field, meadow or common. It is unlawful for an owner
thereof to knowingly permit any polluting substances to remain in
any of the places described in this subsection to the injury of
the health or to the annoyance of any citizen of this state.
Every 24 hours after conviction for violation of this subsection
during which the violator permits the polluting substances to
remain is an additional offense against this subsection.
(3) Nothing in this section shall apply to the storage or
spreading of manure or like substance for agricultural,
silvicultural or horticultural purposes, except that no sewage
sludge, septic tank or cesspool pumpings shall be used for these
purposes unless treated and applied in a manner approved by the
Department of Environmental Quality.
(4) Violation of this section is a Class A misdemeanor.
Enrolled House Bill 2697 (HB 2697-A) Page 1
(5) The Department of Environmental Quality may impose the
civil penalty authorized by ORS 468.140 for violation of this
section.
SECTION 2. { + The amendments to ORS 164.785 by section 1 of
this 2013 Act apply to conduct occurring on or after the
effective date of this 2013 Act. + }
SECTION 3. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Passed by House March 14, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 9, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2697 (HB 2697-A) Page 2
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2697 (HB 2697-A) Page 3
