(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) Subsection (1)(a) of this section does not apply to live fish that are for aquaria use.
(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. [1973 c.723 §94; 2009 c.243 §1; 2011 c.597 §66]
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures
Section 498.016 - Taking crippled or helpless wildlife.
Section 498.018 - Commercial cervid attractants.
Section 498.021 - Short title.
Section 498.026 - Transaction in threatened or endangered wildlife species prohibited.
Section 498.029 - Purchase, sale or exchange of fox, skunk or raccoon prohibited; exceptions.
Section 498.042 - Removal of parts of wildlife and waste of wildlife prohibited.
Section 498.048 - Devices propelling cyanide.
Section 498.102 - Use of dogs to hunt or track game mammals or birds.
Section 498.120 - Hunting on another’s cultivated or enclosed land.
Section 498.128 - Use of drones for pursuit of wildlife prohibited; rules.
Section 498.136 - Hunting from motor-propelled vehicle restricted; rules.
Section 498.142 - Hunting with artificial light restricted; rules.
Section 498.152 - Agreements restricting parking or use of motor vehicles on certain lands.
Section 498.154 - Notice adequate to charge defendant; delivery or posting.
Section 498.158 - Hunting or trapping wildlife in certain governmental districts restricted.
Section 498.166 - Bears or cougars posing threat to human safety.
Section 498.170 - Hunters who have a visual impairment.
Section 498.172 - Trap check requirements.
Section 498.182 - Knowingly allowing feral swine to roam on certain lands prohibited; rules.
Section 498.208 - Use of electricity or foreign substances to take game fish prohibited; rules.
Section 498.228 - Possession of fish taken outside state restricted.
Section 498.242 - Possession of walking catfish and piranha restricted.
Section 498.247 - Protection of juvenile salmonids from cormorants.
Section 498.257 - Prohibition on possession, sale, trade or distribution of shark fins; exceptions.
Section 498.279 - Black bass and walleye angling contests; rules.
Section 498.286 - Prize limitation.
Section 498.306 - Screening or by-pass devices for water diversions; fees; costs.
Section 498.321 - Screening or by-pass standards.
Section 498.326 - Department guidelines for screening and by-pass projects; expenditure of funds.
Section 498.400 - Definitions for ORS 498.400 to 498.464.
Section 498.418 - License application; form; fee.
Section 498.438 - Investigatory power of commission over outdoor clubs required to be licensed.
Section 498.452 - Grounds for denial or revocation of license.
Section 498.464 - Commission authority to restrain violations of outdoor club laws.
Section 498.500 - Mitigation of adverse effects on core area habitat; policy.
Section 498.502 - Actions that affect core area habitat; reports; orders; rules.
Section 498.504 - Sage Grouse Mitigation Program In-Lieu Fee Fund.
Section 498.825 - Oregon Hatchery Research Center Board.
Section 498.827 - Duties of Oregon Hatchery Research Center Board.
Section 498.829 - Officers; quorum; meetings.
Section 498.831 - Oregon Hatchery Research Center; activities.
Section 498.833 - Oregon Hatchery Research Center; director.
Section 498.850 - Disposition of hatchery-produced fish carcasses; rules.