Bill Text: OR HB4044 | 2012 | Regular Session | Introduced

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Bill Title: Relating to gillnet fishing; declaring an emergency.

Spectrum: Bipartisan Bill

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4044 Detail]

Download: Oregon-2012-HB4044-Introduced.html

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     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 144

                         House Bill 4044

Sponsored by Representatives KENNEMER, HUNT; Representatives
  GILLIAM, HARKER, KOTEK, WEIDNER (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 gillnet fishing in lower Columbia River except in
off-channel fishery enhancement areas specified by rule of State
Fish and Wildlife Commission. Specifies off-channel fishery
enhancement areas where holder of State of Washington fishing
license and vessel permit may fish.
  Becomes operative January 1, 2013.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to gillnet fishing; creating new provisions; amending
  ORS 508.775; repealing ORS 508.460; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 508.775 is amended to read:
  508.775. (1) { + (a) + } Notwithstanding any other provision of
the commercial fishing laws, it is unlawful for an individual to
operate a vessel in the Columbia River gillnet salmon fishery
without first obtaining a vessel permit issued pursuant to ORS
508.775 to 508.796.   { - However, an individual who holds valid
commercial fishing licenses and vessel permits required by and
issued pursuant to the laws of the State of Washington for
commercial salmon fishing in the Columbia River may land salmon
in this state that were taken in the Columbia River gillnet
salmon fishery without the permit otherwise required by this
subsection. - }
   { +  (b)(A) Gillnet fishing under paragraph (a) of this
subsection is prohibited in the lower Columbia River, except in
off-channel fishery enhancement areas specified by rule of the
State Fish and Wildlife Commission pursuant to the provisions of
this paragraph.
  (B) The commission, by rule, shall specify off-channel fishery
enhancement areas at:
  (i) Youngs Bay;
  (ii) Tongue Point, South Channel; and
  (iii) Blind Slough-Knappa Slough.
  (C) The commission, by rule, may establish additional
off-channel fishery enhancement areas.
  (2)(a) An individual who holds a valid commercial fishing
license and vessel permit required by and issued pursuant to the
laws of the State of Washington for commercial salmon fishing in
the Columbia River may land salmon in this state that were taken
without the vessel permit otherwise required by subsection (1) of
this section in the Columbia River gillnet salmon fishery:
  (A) In the middle and upper Columbia River.
  (B) In off-channel fishery enhancement areas established under
subsection (1) of this section over which the State of Washington
has concurrent jurisdiction as described in ORS 507.020.
  (b) The commission, by rule, may allow an individual who holds
a valid commercial fishing license and vessel permit required by
and issued pursuant to the laws of the State of Washington for
commercial salmon fishing in the Columbia River to land salmon in
this state that were taken without the vessel permit otherwise
required by subsection (1) of this section in the Columbia River
gillnet salmon fishery in off-channel fishery enhancement areas
established under subsection (1) of this section over which the
State of Washington does not have concurrent jurisdiction as
described in ORS 507.020.
  (3)(a) The commission shall request that the State of
Washington furnish, without cost to the commission, the names of
gillnet licensees and the number of gillnet licenses issued
pursuant to the laws of the State of Washington.
  (b) If the State of Washington provides the commission with the
information specified in paragraph (a) of this subsection, the
commission may furnish, at no cost to the State of Washington,
the names of gillnet licensees and the number of gillnet licenses
issued pursuant to the laws of this state. + }
    { - (2) - }   { + (4) + } Notwithstanding any other provision
of the commercial fishing laws, it is unlawful for a wholesaler,
canner or buyer to buy or receive salmon taken in the Columbia
River gillnet fishery from an individual who does not have the
permit required by   { - subsection (1) of - }  this section.
    { - (3) - }   { + (5) + } The permit required by
 { - subsection (1) of - }  this section is in addition to and
not in lieu of the boat license required by ORS 508.260.
   { +  (6) As used in this section, 'off-channel fishery
enhancement area' means a terminal fishing area in the lower
Columbia River in waters outside the primary fish migration
channel where use of gillnets will result in minimal interception
of salmon that are not hatchery produced for release in the
terminal fishing area. + }
  SECTION 2.  { + ORS 508.460 is repealed. + }
  SECTION 3.  { + Except as provided in section 4 of this 2012
Act, the amendments to ORS 508.775 by section 1 of this 2012 Act
and the repeal of ORS 508.460 by section 2 of this 2012 Act
become operative on January 1, 2013. + }
  SECTION 4.  { + The State Fish and Wildlife Commission may
adopt rules before the operative date specified in section 3 of
this 2012 Act or take any action before that date that is
necessary to implement the amendments to ORS 508.775 by section 1
of this 2012 Act and the repeal of ORS 508.460 by section 2 of
this 2012 Act on and after the operative date specified in
section 3 of this 2012 Act. + }
  SECTION 5.  { + (1) The amendments to ORS 508.775 by section 1
of this 2012 Act and the repeal of ORS 508.460 by section 2 of
this 2012 Act apply to vessel permits issued or renewed pursuant
to ORS 508.775 to 508.796 for the Columbia River gillnet salmon
fishery before, on or after the operative date specified in
section 3 of this 2012 Act.
  (2) The amendments to ORS 508.775 by section 1 of this 2012 Act
and the repeal of ORS 508.460 by section 2 of this 2012 do not
affect:
  (a) Any provision of the compact described in ORS 507.010
between the States of Oregon and Washington related to the
Columbia River.
  (b) Any fishing management agreements between the United States
Government, various Indian tribes and states, including those

established pursuant to United States v. Oregon, United States
District Court Case No. 68-513 MA.
  (c) Any tribal fishing rights, or the right to use any fishing
gear under tribal fishing rights, established by treaties of the
United States and various Indian tribes. + }
  SECTION 6.  { + 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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