Bill Text: OR HB3476 | 2013 | Regular Session | Introduced

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Bill Title: Relating to fish; declaring an emergency.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3476 Detail]

Download: Oregon-2013-HB3476-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3872

                         House Bill 3476

Sponsored by Representative HOLVEY

                             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.

  Prohibits importation of genetically engineered fish into this
state. Prohibits farming, cultivation or incubation of
genetically engineered fish in this state. Prohibits release or
attempt to release genetically engineered fish in this state.
Provides exceptions.
  Prohibits farming, cultivation or incubation of Atlantic salmon
in this state that may spread certain contagious diseases to
native anadromous fish. Provides exception.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to fish; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 498. + }
  SECTION 2.  { + (1) As used in this section:
  (a) 'Genetically engineered' means having a genetic structure
that has been altered at the molecular or cellular level through
recombinant DNA or RNA techniques or the introduction of
exogenous genetic material that becomes incorporated into the
genome of the organism.
  (b) 'Recombinant DNA or RNA techniques' means processes in
which segments of deoxyribonucleic acid or ribonucleic acid from
different organisms are joined together to create recombinant DNA
or RNA molecules that have the capacity to replicate in a host
cell, either autonomously or as an integrated part of the host
genome.
  (2) A person may not:
  (a) Import into, or transport within, this state any
genetically engineered fish.
  (b) Farm, cultivate, incubate or induce to spawn any
genetically engineered fish in this state.
  (c) Release or attempt to release in this state any genetically
engineered fish.
  (3) This section does not apply to:
  (a) Genetically engineered fish that are no longer living and
that are imported into, or transported within, this state for
human consumption.
  (b) Genetically engineered fish that are no longer living and
that are imported into, or transported within, this state and
contained within:
  (A) Dog food;
  (B) Cat food;
  (C) Any fertilizer; or
  (D) Any consumer product other than those described in
paragraph (a) of this subsection.
  (c) Triploid fish.
  (d) Hybrid fish.
  (e) Shellfish.
  (f) Live fish that are for aquaria use.
  (g) Genetically engineered fish to be used for, or that are
used for, scientific research in an aquarium or other similar
closed water system. Genetically engineered fish described in
this paragraph may not be disposed of in any body of water in
this state. The State Fish and Wildlife Commission by rule shall
adopt requirements for the disposal of genetically engineered
fish described in this paragraph, specifying disposal procedures
that may be verified by the State Department of Fish and
Wildlife.
  (4) The provisions of this section do not affect the use of
vaccines necessary for fish health management. + }
  SECTION 3.  { + Section 4 of this 2013 Act is added to and made
a part of ORS chapter 498. + }
  SECTION 4. { +  (1) A person may not farm, cultivate, incubate
or induce to spawn in this state any Atlantic salmon that may
come into contact with native anadromous fish and spread to
native anadromous fish any contagious disease identified by rule
of the State Fish and Wildlife Commission as an imminent threat
to native anadromous fish.
  (2) The provisions of subsection (1) of this section do not
apply to Atlantic salmon farmed, cultivated, incubated or induced
to spawn in this state by the State Department of Fish and
Wildlife. + }
  SECTION 5.  { + (1) Except as provided in subsection (2) of
this section, sections 1 to 4 of this 2013 Act become operative
on January 1, 2014.
  (2) The State Fish and Wildlife Commission may adopt rules or
take any other action before the operative date specified in
subsection (1) of this section that is necessary to implement, on
or after the operative date specified in subsection (1) of this
section, sections 1 to 4 of this 2013 Act. + }
  SECTION 6.  { + 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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