Bill Text: OR SB198 | 2013 | Regular Session | Enrolled
Bill Title: Relating to commercial fishing; and declaring an emergency.
Sponsorship: Unknown
Status: (Passed) 2013-05-24 - Effective date, May 16, 2013. [SB198 Detail]
Download: Oregon-2013-SB198-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 198
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for State Department of Fish and Wildlife)
CHAPTER ................
AN ACT
Relating to commercial fishing; creating new provisions; amending
ORS 506.991, 508.485, 508.490, 508.787, 508.813, 508.855 and
508.898; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 508.485 is amended to read:
508.485. { + (1) + } Except for vessel licenses
{ - prescribed - } { + described in ORS 508.285 and 508.470 and
vessel permits described + } in ORS { - 508.285, 508.470, - }
508.775 to 508.796, 508.801 to 508.825, 508.880, 508.883 and
508.889 to 508.910, the State Fish and Wildlife Commission may,
in its discretion, revoke for the remainder of the license
{ + or permit + } year any license { + or permit + } issued to
a person under the authority of the commission { + , + } or the
State Fish and Wildlife Director, { + pursuant to the commercial
fishing laws, + } and in its discretion may refuse the issuance
of any license { + or permit + } issued under the authority of
the commission { + , + } or director { + , pursuant to the
commercial fishing laws, + } during any period not to exceed one
year from the date of the license { + or permit + } revocation
order:
{ - (1) - } { + (a) + } Upon conviction within this state
of any person of violation of any of the commercial fishing laws
or rules;
{ - (2) - } { + (b) + } Upon receiving notice from the
agency that regulates commercial fishing in the State of
Washington of the conviction of any person in that state of an
offense that was a violation of Columbia River commercial fishing
rules adopted pursuant to the Columbia River Compact and that if
committed in this state would be grounds for license revocation
pursuant to
{ - subsection (1) of this section - } { + paragraph (a) of
this subsection + };
{ - (3) - } { + (c) + } Upon conviction within this state
of any person for violation of ORS 498.022, or any rule
{ - promulgated - } { + adopted + } pursuant thereto,
involving game fish, through the use of a license issued pursuant
to the commercial fishing laws; or
Enrolled Senate Bill 198 (SB 198-A) Page 1
{ - (4) - } { + (d) + } Upon conviction within this state
of a person for violation of ORS 164.043 to 164.065 when the
subject of the theft is commercial fishing crab rings or crab
pots, or the crabs taken therefrom.
{ + (2)(a) Except for vessel licenses and permits described
in ORS 508.285, 508.470, 508.775 to 508.796, 508.801 to 508.825,
508.880, 508.883 and 508.889 to 508.910, a court may order the
commission to revoke any licenses or permits issued to a person
under the authority of the commission, or the director, pursuant
to the commercial fishing laws. Such revocations may not exceed a
period of two years from the date of the license or permit
revocation order. Revocation of licenses and permits is in
addition to and not in lieu of other penalties provided by law.
(b) The license and permit revocation provisions of paragraph
(a) of this subsection apply to the following persons:
(A) Any person who is convicted of a violation of the
commercial fishing laws, or any rule adopted pursuant thereto, or
who otherwise fails to comply with the requirements of a citation
in connection with any such offense;
(B) Any person who is convicted of a violation of ORS 498.022,
or any rule adopted pursuant thereto, involving game fish,
through the use of a license issued pursuant to the commercial
fishing laws; or
(C) Any person who is convicted of a violation of ORS 164.043
to 164.065 when the subject of the theft is commercial fishing
crab rings or crab pots, or the crabs taken therefrom.
(c) When a court orders the revocation of a license or permit
under the provisions of this subsection, the court shall take up
any such licenses and permits and forward them, together with a
copy of the revocation order, to the commission. Upon receipt
thereof, the commission shall cause revocation of the appropriate
licenses and permits in accordance with the court order.
(d) Nothing in this subsection requires a court to take
additional action, after the conclusion of the sentencing
hearing, to secure the licenses or permits if the defendant does
not have the license or permit in the defendant's possession at
the time of sentencing.
(3) Any person whose license revocation involves the buying,
selling or dealing of food fish is prohibited from engaging in
such activity under any license issued by the commission during
the period the court orders the revocation. + }
SECTION 2. ORS 508.787 is amended to read:
508.787. The { + Commercial Fishery Permit + } Board may
revoke and refuse subsequent issuance of a permit required by ORS
508.775 in the manner provided in ORS 508.485 { + (1) + } and
508.490.
SECTION 3. ORS 508.813 is amended to read:
508.813. The Commercial Fishery Permit Board may revoke and
refuse subsequent issuance of a permit required by ORS 508.801 in
the manner provided in ORS 508.485 { + (1) + } and 508.490.
SECTION 4. ORS 508.855 is amended to read:
508.855. The Commercial Fishery Permit Board may revoke and
refuse subsequent issuance of a permit required by ORS 508.840 in
the manner provided in ORS 508.485 { + (1) + } and 508.490.
SECTION 5. ORS 508.898 is amended to read:
508.898. The Commercial Fishery Permit Board may revoke and
refuse subsequent issuance of a permit required by ORS 508.880 in
the manner provided in ORS 508.485 { + (1) + } and 508.490.
SECTION 6. ORS 508.490 is amended to read:
Enrolled Senate Bill 198 (SB 198-A) Page 2
508.490. Except for vessel licenses { - prescribed - }
{ + described + } in ORS 508.260 { + , 508.285 and 508.470 + }
and vessel permits { - prescribed - } { + described + } in ORS
{ - 508.285, 508.470, - } 508.775 to 508.796, 508.801 to
508.825, 508.880, 508.883 and 508.889 to 508.910, the State Fish
and Wildlife Commission may, in its discretion, refuse the
issuance of any license { + or permit + } issued under the
authority of the commission { + , + } or the State Fish and
Wildlife Director { + , pursuant to the commercial fishing
laws, + } during any period not to exceed two years from the date
of the license { + or permit + } revocation order:
(1) Upon conviction within this state of any person of
violation of any of the commercial fishing laws or rules after
the person has once been convicted and penalized under ORS
508.485; or
(2) Upon receiving notice from the agency that regulates
commercial fishing in the State of Washington of the conviction
of any person in that state of an offense that was a violation of
Columbia River commercial fishing rules adopted pursuant to the
Columbia River Compact and that if committed in this state would
be grounds for refusal to issue a license { + or permit + }
pursuant to subsection (1) of this section.
SECTION 7. ORS 506.991 is amended to read:
506.991. (1) Except as { + otherwise + } provided { - in - }
{ + by + } this section { - , and subject to ORS 153.022, - }
{ + or other law, + } violation of any provision of the
commercial fishing laws, or of any rule
{ - promulgated - } { + adopted + } by the State Fish and
Wildlife Commission in carrying out the commercial fishing laws,
is a Class A misdemeanor { + if the offense is committed with a
culpable mental state + }.
{ + (2) Except as otherwise provided by this section or other
law, violation of any provision of the commercial fishing laws,
or of any rule adopted by the State Fish and Wildlife Commission
in carrying out the commercial fishing laws, is a Class A
violation if the offense is committed without a culpable mental
state. + }
{ - (2) - } { + (3) + } In lieu of the fine provided in ORS
161.635, and in addition to the imprisonment provided in ORS
161.615, any violation of { - this section - } { + subsection
(1) of this section + }is punishable as follows:
(a) For the first conviction, a fine not to exceed $2,500.
(b) For the second conviction within a 10-year period, a fine
not to exceed $4,000.
(c) For the third conviction within a 10-year period, a fine
not to exceed $10,000.
(d) For the fourth and subsequent convictions within a 10-year
period, a fine not to exceed $25,000.
{ - (3) - } { + (4) + } Violation of any provision of ORS
509.011 { - which - } { + that + } occurs more than 12 hours
prior to or more than 12 hours subsequent to a season established
under ORS 506.129 by the commission for the lawful taking of food
fish when the total value of the food fish is $200 or more is a
Class C felony.
{ - (4) - } { + (5) + } In addition to the penalties of
this section and notwithstanding the provisions of ORS 506.690,
all fish or sexual products therefrom taken by or in the
possession of any person sentenced under this section shall be
seized and confiscated, condemned, and sold.
Enrolled Senate Bill 198 (SB 198-A) Page 3
{ + (6) As used in this section, 'culpable mental state' has
the meaning given that term in ORS 161.085. + }
SECTION 8. { + (1) The amendments to ORS 508.485 by section 1
of this 2013 Act apply to offenses committed on or after the
effective date of this 2013 Act.
(2) The amendments to ORS 506.991 by section 7 of this 2013 Act
apply to offenses committed on or after the effective date of
this 2013 Act. + }
SECTION 9. { + 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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Enrolled Senate Bill 198 (SB 198-A) Page 4
Passed by Senate March 5, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 9, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 198 (SB 198-A) Page 5
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 Senate Bill 198 (SB 198-A) Page 6
