Watercraft check stations; rules; penalty

(1) The State Department of Fish and Wildlife, the State Marine Board or the State Department of Agriculture may require a person transporting a recreational or commercial watercraft to stop at a check station to inspect the watercraft for the presence of aquatic invasive species. The purpose of the administrative search authorized under this section is to prevent and limit the spread of aquatic invasive species within Oregon. (2)(a) The State Department of Fish and Wildlife, the State Marine Board or the State Department of Agriculture may decontaminate, or order the decontamination of, any recreational or commercial watercraft that the agency inspects at a check station operated under authority of this section. If the State Department of Fish and Wildlife, the State Marine Board or the State Department of Agriculture orders decontamination, the person transporting the watercraft shall cooperate with the agency to complete the decontamination. (b) Failure to cooperate with the ordered decontamination process is subject to penalties under ORS 830.998. (3) All check stations operated under authority of this section must be: (a) Plainly marked by signs that comply with all state and federal laws; and (b) Staffed by at least one uniformed employee, trained in inspection and decontamination of recreational or commercial watercraft, of: (A) The State Department of Fish and Wildlife; (B) The State Marine Board; (C) The State Department of Agriculture; or (D) A tribal government, local government or local service district as provided under ORS 830.590. (4) An agency that operates a check station under this section shall require all persons transporting recreational or commercial watercraft to stop at the check station, and the agency shall inspect every recreational or commercial watercraft that goes through the check station. (5) Notwithstanding ORS 496.992, a person transporting a recreational or commercial watercraft who stops at a check station for inspection and who cooperates in the decontamination process is not subject to criminal sanctions for possessing or transporting aquatic invasive species. (6) The State Department of Fish and Wildlife, the State Marine Board and the State Department of Agriculture may adopt rules to carry out the provisions of this section. (7) As used in this section: (a) “Local government” and “local service district” have the meanings given those terms in ORS 174.116. (b) “Tribal government” has the meaning given that term in ORS 830.590.