68th OREGON LEGISLATIVE ASSEMBLY--1995 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 3608

                        Senate Bill 1044

Sponsored by Senator BRADBURY (at the request of Pacific Coast
  Federation of Fishermen's Associations)


                             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 sale or transfer of salmon eggs or fry outside State
of Oregon with certain exceptions.

                        A BILL FOR AN ACT
Relating to disposition of fish products; creating new
  provisions; and amending ORS 498.022 and 508.730.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 498.022 is amended to read:
  498.022.  { + (1) + } Except as the  { + State Fish and
Wildlife + } Commission by rule may provide otherwise, no person
shall purchase, sell or exchange, or offer to purchase, sell or
exchange any wildlife, or any part thereof.
   { +  (2) Rules of the commission shall not authorize the sale
or transfer of salmon eggs or fry outside the State of Oregon
except for:
  (a) The sale or transfer of sterilized salmon eggs for human
consumption or bait.
  (b) The sale or transfer of salmon eggs or fry for scientific
research.
  (c) The sale or transfer of salmon eggs or fry between state
agencies or to private hatcheries permitted under ORS 508.700 for
use in hatchery programs in accordance with fish management plans
adopted by the commission.
  (3) Notwithstanding any other provision of the wildlife laws,
all salmon eggs or fry in possession of any person sentenced for
violation of this section shall be seized and confiscated. + }
  SECTION 2. ORS 508.730 is amended to read:
  508.730.  { + (1) + } The  { + State Fish and Wildlife + }
Commission, after first assuring all natural and artificial fish
production needs of this state have been met, including the needs
of the salmon and trout enhancement program and the needs of all
federal and other state fish culture facilities located on the
Columbia River and its tributaries, may provide at a reasonable
fee chum salmon, chinook salmon, silver salmon or pink salmon
 { - or the sexual products therefrom - }  to any person granted
a permit by the commission pursuant to ORS 508.700 to 508.745.
   { +  (2) The commission shall not authorize the sale or
transfer of salmon eggs or fry outside the State of Oregon except
for:

  (a) The sale or transfer of sterilized salmon eggs for human
consumption or bait.
  (b) The sale or transfer of salmon eggs or fry for scientific
research.
  (c) The sale or transfer of salmon eggs or fry between state
agencies or to private hatcheries permitted under ORS 508.700 for
use in hatchery programs in accordance with fish management plans
adopted by the commission.
  (3) Notwithstanding any other provision of the commercial
fishing laws, all salmon eggs or fry in possession of any person
sentenced for violation of subsection (2) of this section shall
be seized and confiscated. + }
  SECTION 3.  { + Section 4 of this Act is added to and made a
part of ORS chapter 496. + }
  SECTION 4.  { + (1) Any person may bring an action to enforce
the prohibition against sale or transfer of salmon eggs or fry
described in ORS 498.022 (2) or 508.730 (2). An action under this
section must be commenced in circuit court. If the defendant is
found to have committed a violation of the conduct prohibited in
ORS 498.022 (2) or 508.730 (2), the court may award damages and
injunctive relief. Damages, including punitive damages, shall be
paid into the Fish Endowment Account of the State Wildlife Fund.
  (2) An action under this section must be commenced within one
year after the conduct that constitutes the violation occurred.
  (3) Proof of a violation of the conduct prohibited in ORS
498.022 (2) or 508.730 (2) in an action under this section shall
be by a preponderance of the evidence.
  (4) The remedy provided in this section is in addition to and
not in lieu of any other civil or criminal remedy. + }
                         ----------