ORS 830.999 Penalty for transporting aquatic invasive species; exceptions; use of penalty moneys; rules

(1)

A person is subject to a civil penalty in an amount to be determined by the State Fish and Wildlife Director of not more than $6,250 if the person knowingly transports aquatic invasive species on or in a recreational or commercial watercraft. A second or subsequent violation of this subsection within a five-year period shall result in a civil penalty in an amount not less than $5,000 and not more than $15,000.

(2)

Subsection (1) of this section does not apply to:

(a)

A person who transports aquatic invasive species in ballast water, as defined in ORS 783.625.

(b)

A person who complies with all instructions for the proper decontamination of the recreational or commercial watercraft given by an employee authorized under ORS 830.589 (1) to inspect recreational or commercial watercraft.

(c)

A person who transports aquatic invasive species to the State Department of Fish and Wildlife or the State Department of Agriculture, or to another destination designated by the State Fish and Wildlife Commission by rule, in a manner designated by the commission for purposes of identifying or reporting an aquatic invasive species.

(3)

The civil penalties authorized in this section shall be imposed as provided in ORS 183.745. Any civil penalty recovered under this section shall be deposited in the State Wildlife Fund. The commission by rule shall adopt the formula the State Fish and Wildlife Director shall use in determining the amount of civil penalties under this section.

Note: 830.999 was enacted into law by the Legislative

Assembly but was not added to or made a part of ORS chapter 830 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.