Bill Text: OR HB4060 | 2012 | Regular Session | Introduced
Bill Title: Relating to fish; declaring an emergency.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4060 Detail]
Download: Oregon-2012-HB4060-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 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 206
House Bill 4060
Sponsored by Representatives BOONE, HOLVEY; Representative TOMEI
(Presession filed.)
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 any body of water in this state.
Prohibits release or attempt to release genetically engineered
fish into any body of water in this state. Provides exceptions.
Prohibits farming, cultivation or incubation of any species of
fish that is not native and may spread infectious anemia to
native stock of anadromous fish.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to fish; creating new provisions; amending ORS 498.222;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2012 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, gene deletion or doubling,
alteration of gene position or the introduction of exogenous
genetic material or by other means that are not possible under
natural conditions or processes.
(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 any body of water in this state.
(c) Release or attempt to release into any body of water 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) Genetically engineered fish destined for, or in, a closed
body of water on private land.
(e) 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. + }
SECTION 3. 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) { + (a) + } Subsection (1)(a) of this section does not
apply to live fish that are for aquaria use.
{ + (b) Subsection (1) of this section does not apply to
genetically engineered fish described in section 2 (3) of this
2012 Act. + }
(4) 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.
(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 4. { + Section 5 of this 2012 Act is added to and made
a part of ORS chapter 498. + }
SECTION 5. { + (1) As used in this section, 'native stocks'
has the meaning given that term in ORS 496.430.
(2) A person may not farm, cultivate, incubate or induce to
spawn in this state any species of fish that is not a native
stock and that may come into contact with and spread infectious
anemia to native stocks of anadromous fish. + }
SECTION 6. { + (1) Except as provided in subsection (2) of
this section, sections 1, 2, 4 and 5 of this 2012 Act and the
amendments to ORS 498.222 by section 3 of this 2012 Act become
operative on January 1, 2013.
(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, 2, 4 and 5 of this 2012 Act and the
amendments to ORS 498.222 by section 3 of this 2012 Act. + }
SECTION 7. { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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