As used in this chapter, unless the context
requires otherwise:
(1) “Board” means the Oregon Board of Maritime Pilots.
(2) “Licensee” means an individual licensed under ORS 776.115.
(3) “Organization of pilots” means any legal entity or association
to which licensees belong as members, or with which licensees are
associated, that is formed for cooperative performance of functions
including, but not limited to, the dispatching of licensees and trainees,
collection of pilotage fees, ownership and operation of pilot boats,
distribution of earnings of licensees and trainees, and education and
training so as to facilitate the rendition of pilotage services by
individual licensees and trainees.
(4) “Pilotage,” “piloting” or “to pilot” means the actions of a
licensee or trainee in assisting the master of a vessel under ORS 776.405
while the vessel is on, approaching or departing a pilotage ground, and
the associated communication with the vessel.
(5) “Trainee” means a person the board has licensed under ORS
776.300 and who has met the requirements of ORS 776.540. [1957 c.448 §1;
1981 c.88 §2; 1983 c.330 §1; 1993 c.741 §110; 1993 c.796 §1; 2001 c.403
§1]
Except as
may be established by the Oregon Board of Maritime Pilots under ORS
776.115 (3), bar and river pilotage grounds shall be as follows:
(1) The Columbia River bar pilotage ground extends from the
uppermost dock or wharf at the Port of Astoria or Knappton to the open
sea in at least 30 fathoms of water.
(2) The Columbia and Willamette River pilotage ground extends from
the lowermost dock or wharf at the Port of Astoria to the head of
navigation on the Columbia and Willamette Rivers and their tributaries.
(3) The Coos Bay bar pilotage ground extends from the head of
navigation on Coos Bay and its tributaries to the open sea in at least 30
fathoms of water.
(4) The Yaquina Bay bar pilotage ground extends from the head of
navigation on Yaquina Bay and its tributaries to the open sea in at least
30 fathoms of water. [1957 c.448 §2; 1993 c.741 §112b; 1993 c.796 §1a]
The Legislative Assembly finds that:
(1) In order to implement the policies described and inherent in
ORS 196.420, 273.553, 465.205, 466.010 and 468B.015 and ORS chapter 274,
it is necessary to establish precautionary measures.
(2) Only individuals who have experience and can demonstrate
knowledge of currents, tides, soundings, bearings and distances of the
shoals, rocks, bars, points of landings, lights and fog signals should
direct a large vessel on certain waters of this state. [1991 c.234 §2;
1997 c.16 §2]
(1) All vessels required by ORS
776.405 (1) to engage a licensee under this chapter shall, at all times
while underway upon any of the pilotage grounds established under ORS
776.025 or 776.115, have at least two licensed deck officers on the
navigation bridge of the vessel, one of whom meets the requirements of
ORS 776.405 (1).
(2) The only duties of the licensed deck officer required under ORS
776.405 (1) shall be to monitor and direct safe navigation of the vessel
during transit on the waters of this state. [1991 c.234 §4; 1993 c.796 §2]
(1) The Oregon Board of Maritime Pilots is
established within the Department of Transportation, and shall consist of
nine members appointed by the Governor for terms of four years. The
appointments of members of the board are subject to confirmation by the
Senate in the manner prescribed in ORS 171.562 and 171.565.
(2) Three members of the board shall be public members, one of whom
shall act as chairperson of the board. The public members of the board
may not:
(a) During the preceding five years or during their terms of
office, have any interest in the ownership, operation or management of
any tugs, cargo or passenger vessels or in the carriage of freight or
passengers by vessel;
(b) During the preceding five years or during their terms of
office, have any interest in any association or organization represented
under subsection (4) of this section or principally comprised of persons
engaged in commercial pursuits in the maritime industry as described in
paragraph (a) of this subsection in any capacity; or
(c) Hold or have held a maritime pilot license issued by any state
or federal authority.
(3) Three members shall be licensees under this chapter. One member
shall be a Columbia River bar licensee, one member shall be a Columbia
River licensee and one member shall be a Coos Bay or Yaquina Bay
licensee. A licensee member shall:
(a) Have been licensed for more than three years under this chapter;
(b) Be actively engaged in piloting; and
(c) Be a resident of this state.
(4) Except as provided in subsection (5) of this section, three
members of the board shall, for at least three years immediately
preceding their appointment, have been and during their terms of office
be engaged in the activities of a person, as defined in ORS 174.100, that
operates or represents commercial oceangoing vessels.
(5) The Governor may appoint a past or present employee or
commissioner of a port to serve on the board in lieu of one of the
operators or representatives of a commercial oceangoing vessel under
subsection (4) of this section.
(6)(a) The majority of members shall constitute a quorum for the
transaction of all business if at least one member of each group, as
described in subsections (2), (3) and (4) of this section, is present.
(b) Notwithstanding paragraph (a) of this subsection, when the
board fixes pilotage fees under ORS 776.115 (5) a quorum shall consist of
seven members.
(c) Notwithstanding paragraph (a) of this subsection, for purposes
of ORS 192.610 to 192.690 a quorum shall consist of five members.
(7) The Director of Transportation, or a designated representative,
shall serve as an ex officio member of the board but without the right to
vote. [1957 c.448 §3; 1963 c.580 §93; 1967 c.401 §8; 1969 c.314 §102;
1971 c.753 §41; 1981 c.88 §3; 1987 c.414 §89; 1987 c.775 §4; 1993 c.741
§111; 1993 c.796 §3; 2005 c.508 §1]
The Oregon Board
of Maritime Pilots shall:
(1) Fix the manner of calling and fixing the places of meetings;
provided that at least one meeting shall be held each calendar year.
(2) Provide for efficient and competent pilotage service on all
pilotage grounds, and regulate and limit the number of licensees and
trainees under this chapter, such number of licensees and trainees to be
regulated and limited to the number found by the board to be required to
render efficient and competent pilotage service. The primary
consideration of the board is public safety. If a proposed rule would
result in the significant limitation of competition among licensees or
pilot organizations that exist in this state on January 1, 1991, the
board shall first make a determination that the proposed rule is
essential to protect the safety of the public.
(3) Establish and fix the boundaries of pilotage grounds not
described in ORS 776.025.
(4) In accordance with the applicable provisions of ORS chapter
183, establish by rule a licensing system for persons licensed to pilot,
for persons licensed as trainees and for pilot organizations who train
persons to pilot, including but not limited to provisions prescribing:
(a) The form and content of and the times and procedures for
submitting an application for license issuance and renewal. The pendency
of an investigation shall not affect the renewal process.
(b) The term of license and the annual fee, not to exceed $1,500.
(c) The requirements for and the manner of testing competency of
license applicants.
(d) Those actions or circumstances that constitute failure to
achieve or maintain competency or that otherwise constitute a danger to
public health and safety and for which the board may refuse to issue or
renew a license, may suspend or revoke a license or may reprimand a
licensee.
(e) Classes of licenses that specify the size of vessels the
licensee is authorized to be trained to pilot or to pilot on those river
pilotage grounds for which the trainee or pilot is licensed.
(5)(a) Fix, at reasonable and just rates, pilotage fees, extra fees
for vessels in distress, fees for extraordinary pilotage services, fees
for a licensee or trainee being carried to sea unwillingly and
reimbursement for the return to station or for the detention of a
licensee or trainee; except that pilotage fees shall not be less inbound
or outbound on vessels, propelled in whole or in part by their own power,
than the following:
(A) Between Astoria and Portland or Vancouver, $2.50 per foot draft
and 2 cents per net ton;
(B) Between Astoria or Knappton and the sea, $3 per foot draft and
2 cents per net ton;
(C) Between Yaquina Bay and the sea, $3 per foot draft and 2 cents
per ton; and
(D) Between Coos Bay and the sea, $2.50 per foot draft and 2 cents
per ton.
(b) In fixing fees pursuant to paragraph (a) of this subsection,
the board shall give due regard to the following factors:
(A) The length and net tonnage of the vessels to be piloted.
(B) The difficulty and inconvenience of the particular service and
the skill required to render it.
(C) The supply of and demand for pilotage services.
(D) The public interest in maintaining efficient, economical and
reliable pilotage service.
(E) Other factors relevant to the determination of reasonable and
just rates.
(6) Conduct or authorize the holding of hearings. In so doing the
board or the administrative law judge may subpoena witnesses, administer
oaths, take depositions, fix the fees and mileage of witnesses and compel
the attendance of witnesses and the production of papers, books,
accounts, documents and testimony.
(7) Adopt any rule or make any order, as set forth in ORS chapter
183, for the effective administration and enforcement of this chapter.
(8) Establish rates pursuant to subsection (5) of this section, for
a period of not less than two years, that continue in effect until a
subsequent hearing process. Rates may include automatic adjustment
provisions to reflect changing economic conditions. [1957 c.448 §4; 1981
c.88 §5; 1983 c.313 §5; 1987 c.158 §157; 1987 c.775 §3; 1991 c.234 §8;
1993 c.741 §112; 1993 c.796 §4; 2003 c.75 §110; 2003 c.619 §1] In addition to its authority
under ORS 776.115, the Oregon Board of Maritime Pilots may:
(1) Establish pilotage requirements for all single boiler or single
engine and single screw tank vessels carrying oil in pilotage grounds;
(2) Review and, if appropriate, reduce deadweight tonnage
specifications for pilotage service for vessels carrying oil;
(3) Establish regional speed limits, based on escort vehicle
limitations, for all tank vessels in inland navigable waters and critical
approaches to inland navigable waters; and
(4) Establish a program for a near-miss reporting system. [1991
c.651 §21; 1993 c.796 §5](1) When
the Oregon Board of Maritime Pilots establishes rates described in ORS
776.115 (5), the board shall contract with and compensate the Public
Utility Commission of Oregon for the use of administrative law judges
assigned by the commission to conduct the rate proceeding.
Notwithstanding ORS 183.410, 183.415, 183.425, 183.440, 183.450, 183.460,
183.470 and 183.480, an administrative law judge shall conduct the
proceeding in compliance with procedures adopted by the board by rule.
The administrative law judge and the board may receive and consider
recommendations made by the Economic and Community Development Department
and the Port of Portland.
(2) The board may defray the costs and expenses of the hearing by
assessing, in its final order, all or a portion of the costs and expenses
of the hearing to a party to the hearing. [1987 c.775 §2; 1989 c.171 §85;
1989 c.293 §1; 1993 c.741 §112a; 1993 c.796 §6; 1999 c.849 §§178,179;
2003 c.75 §63; 2003 c.619 §2]LICENSING; COMPENSATION; LIABILITY(1) No person shall be licensed as a trainee under this chapter
unless the person meets the experience and educational requirements
established by the Oregon Board of Maritime Pilots by rule including
provisions pursuant to a program to carry out ORS 243.305 and 776.115 (2).
(2) The board shall assign trainees to organizations of pilots
licensed under ORS 776.311. Trainees shall be trained to become licensees
by one or more organizations of pilots. The board may adopt by rule
training requirements. [1981 c.88 §7; 1993 c.796 §7] (1) No organization
of pilots shall be licensed to train persons to be pilots under this
chapter unless the organization:
(a) Has members who are licensed to pilot under ORS 776.325; and
(b) Meets other requirements established by the Oregon Board of
Maritime Pilots.
(2) The board shall license at least one pilot organization on each
pilotage ground.
(3) Organizations of pilots shall train only persons who are
licensed as trainees and have been assigned for training by the board
under ORS 776.300. [1993 c.796 §8b] (1) No person shall be
licensed to pilot under this chapter unless the person:
(a) Was licensed as a trainee or licensee prior to submitting an
application to be licensed to pilot and has met the training requirements
established by the Oregon Board of Maritime Pilots; and
(b) Possesses the requisite skill and the experience as a navigator
and pilot, as demonstrated by satisfactory performance on such written
examinations as the board may prescribe, together with practical
knowledge of the currents, tides, soundings, bearings and distances of
the several shoals, rocks, bars, points of landings, lights and fog
signals of or pertaining to the navigation of the pilotage ground for
which application is made for a license to pilot.
(2) An applicant for a license over any river pilotage ground must
have at least six months’ continuous experience, as determined by the
board, as a trainee on vessels subject to ORS 776.405 piloting oceangoing
vessels over the pilotage ground for which application is made, prior to
making application for a license, and must have had the necessary
experience in handling oceangoing vessels through the bridges, under
varying conditions with and without towboats.
(3) An applicant for a license on bar pilotage grounds shall
satisfy the board that the applicant has means available for boarding and
leaving vessels which the applicant may be called upon to pilot. [1957
c.448 §15; 1973 c.827 §82; 1981 c.88 §8; 1983 c.313 §2; 1985 c.32 §2;
1993 c.796 §8] (1) Except as provided in subsection
(2) of this section, each licensee under this chapter shall pay an annual
license fee to the Oregon Board of Maritime Pilots not to exceed the
amount established under ORS 776.115. Subject to prior approval of the
Oregon Department of Administrative Services and a report to the
Emergency Board prior to adopting the fee, the amount of the fee shall be
adjusted by the Oregon Board of Maritime Pilots to finance costs as
defined by the legislatively approved budget, as it may be modified by
the Emergency Board.
(2) The board by rule may establish reduced license fees for those
individuals who engage in pilotage activities on less than a full-time
basis. However, in no event shall the fee be less than $50. [1957 c.448
§22; 1963 c.105 §2; 1973 c.832 §68; 1977 c.40 §2; 1979 c.11 §2; 1981 c.88
§9; 1983 c.313 §4; 1985 c.271 §2; 1989 c.293 §2; 1991 c.466 §1; 1991
c.703 §41; 1993 c.796 §9] The money received under this chapter
shall be paid into the State Treasury and placed to the credit of the
General Fund in the Pilot Account which account hereby is established.
Such moneys hereby are appropriated continuously and shall be used only
for the administration and enforcement of this chapter. The Oregon
Department of Administrative Services shall draw warrants for all claims
approved by the Oregon Board of Maritime Pilots pursuant to the
appropriations on the State Treasurer, payable out of the Pilot Account
in the General Fund. [1957 c.448 §23; 1983 c.740 §256](1) Where the Oregon Board of Maritime Pilots proposes
to refuse to issue or renew a license to pilot, or proposes to revoke or
suspend a license or proposes to issue a written reprimand, opportunity
for hearing shall be accorded as provided in ORS chapter 183.
(2) Adoption of rules, conduct of hearings, issuance of orders and
judicial review of rules and orders shall be as provided in ORS chapter
183. Contested case hearings shall be conducted by an administrative law
judge assigned from the Office of Administrative Hearings established
under ORS 183.605. [1971 c.734 §186; 1981 c.88 §14; 1993 c.796 §10; 1999
c.849 §§181,182; 2003 c.75 §64] (1)(a) Except as set forth in
paragraph (b) of this subsection, no person shall pilot any vessel upon
any of the pilotage grounds established under ORS 776.025 or 776.115
without being a licensee under this chapter or a trainee under the
onboard supervision of a licensee under this chapter.
(b) Paragraph (a) of this subsection does not apply to:
(A) The master of a vessel under fishery, recreational or coastwise
indorsement provided under 46 U.S.C. chapter 121;
(B) A vessel registered with the State Marine Board or a similar
licensing agency of another state; or
(C) The master of a foreign registered fishing or recreational
vessel, exempted by the Oregon Board of Maritime Pilots, of not more than
100 feet in length or 250 gross tons international.
(2) A licensee under this chapter is at all times the servant of
the vessel being piloted and its owners and operators. [1957 c.448
§25(1); 1973 c.650 §1; 1983 c.330 §3; 1985 c.34 §3; 1991 c.234 §3; 1993
c.796 §11; 2001 c.104 §296] No licensee
shall demand or receive any greater, lesser or different compensation for
piloting a vessel upon any of the pilotage grounds than is allowed by
law. [1957 c.448 §25(2); 1993 c.796 §12] Within the
scope of the license, a licensee may pilot any vessel and demand and
receive therefor the compensation allowed by law. [1957 c.448 §20(1);
1973 c.650 §2; 1985 c.32 §3; 1993 c.796 §13]
The master or person in charge of any vessel may refuse to accept the
services of any particular licensee and shall call for another licensee,
in which case the vessel and the owners, operators and agents of the
vessel are liable only for the services of the licensee employed. [1957
c.448 §20(2); 1983 c.330 §2; 1991 c.234 §5; 1993 c.796 §14]
In addition to the lien of the licensee upon the vessel for any sum due
for piloting, the master, owner and consignee or agent are jointly and
severally liable to the licensee therefor. [1957 c.448 §21; 1993 c.796
§15] On boarding a
vessel and if required by the master thereof, a licensee shall exhibit
the license before the licensee is authorized to perform a piloting
assignment. [1957 c.448 §19; 1993 c.796 §16](1) The stimulation and
preservation of maritime commerce on the bar and river pilotage grounds
of this state are declared to be affected with the public interest and
the limitation and regulation of liability of licensees, trainees and
organizations of pilots are necessary to such stimulation and
preservation of maritime commerce and are deemed to be in the public
interest.
(2) To accomplish the stimulation and preservation of maritime
commerce it is necessary to establish an optional rate system whereby
vessels and persons engaging the services of a licensee have the option
of:
(a) Agreeing not to assert any personal liability against any
licensee, trainee and organization of pilots to which the licensee or
trainee belongs, and to defend, indemnify and save harmless the licensee,
trainee and organization of pilots against all claims and demands arising
from acts or omissions of the licensee, trainee or organization of pilots
which relate, directly or indirectly, to pilotage of the vessel; or
(b) Directing licensees in writing and in sufficient time for
insurance to be procured by them, on a “trip” basis, insuring such
licensees, trainees and organizations of pilots to which they belong
against all claims or demands arising from or relating to, directly or
indirectly, pilotage of the vessel, the premium or cost of such insurance
to be included in the charges for pilotage services and paid on demand by
the vessel.
(3) The Legislative Assembly hereby declares that to effect the
ends and purposes listed in this section, and to maintain pilotage fees
at reasonable levels on the bar and river pilotage grounds of this state,
ORS 776.520, 776.530 and 776.540 are adopted. [1959 c.404 §2; 1983 c.330
§4; 1993 c.796 §17]Licensees and trainees are authorized to limit their
liability and the liability of any organization of pilots to which they
belong by tariffs approved by the Oregon Board of Maritime Pilots
containing substantially the terms and provisions of the following form:
___________________________________________________________________________
___
The provisions of ORS 776.510 and 776.540 hereby are incorporated
into and made a part of this tariff. By reason of the option granted by
ORS 776.510, the rates and charges named in this tariff do not include
the cost of marine insurance insuring the licensee, trainee and any
organization of pilots to which the licensee or trainee belongs, the
vessel, its owners, agents or operators from the consequences of
negligence or errors in judgment of the licensees, trainees or
organizations of pilots.
However, upon reasonable notice to the licensees in writing from
the vessel, its master, owners, agents or operators, the licensees
parties hereto will procure such insurance on a “trip” basis in an amount
equal to the value of the vessel and its cargo, or such other amount as
may be agreed upon between the licensees and the vessel, its master,
owners, agents or operators, insuring the licensees and the organizations
of pilots to which they belong against all claims or demands arising from
or based upon, directly or indirectly, pilotage of the vessel. The
premium for such insurance shall be assessed in addition to the rates and
charges specified herein.
The election of the vessel, its master, owners, agents or operators
not to request licensees parties hereto to procure such insurance and
thereby to elect to have the licensees parties hereto perform services on
the rates and charges specified herein shall constitute a binding and
irrevocable agreement on the part of the vessel, its master, owners,
agents or operators to the terms and conditions of the following:
It is understood and agreed, and is the essence of the contract
under which services of the licensee are tendered to and accepted by the
vessel, its master, operators and owners, that:
(1) The services rendered hereunder are rendered by a licensee;
(2) The services of any individual licensee have been voluntarily
accepted and are voluntarily rendered pursuant to the election authorized
by ORS 776.510;
(3) Such services are advisory in nature only, the master of the
vessel remaining at all times in full command of the vessel and empowered
to relieve the licensee of duties;
(4) The services of the licensee and, if applicable, trainee are
accepted on the express understanding that when the licensee and trainee
go aboard the vessel the licensee and trainee become the servants of the
vessel and its owners and operators. Except as to such personal liability
and rights over as may arise by reason of the willful misconduct or gross
negligence of the licensee or trainee, the master, owners and operators
of the vessel expressly covenant and agree:
(a) Not to assert directly or indirectly, any personal liability
against the licensee, trainee, any organization of pilots to which the
licensee or trainee belongs, and any members of such organization;
(b) Not to respond in damage (including any rights over) arising
out of or connected with, directly or indirectly, any damage, loss or
expense sustained by the vessel, its master, owners, operators and crew,
and any third parties (including cargo), even though resulting from acts
or omissions of any organization of pilots to which the licensee or
trainee belongs, from acts or omissions of its members, or any acts or
omissions of the licensee or trainee; and
(c) To defend, indemnify and hold harmless the licensee, trainee,
any organization of pilots to which the licensee or trainee belongs, and
any members of such organization, from any claims whatsoever for damages,
loss or expense arising out of, or connected with any acts or omissions
of the licensee, trainee or organization of pilots which relate, directly
or indirectly, to pilotage of the vessel;
(5) The master, owners and operators of the vessel shall not be
liable to indemnify and hold harmless the licensee, trainee and any
organization of pilots to an extent greater than the amount to which the
liability of the vessel, its owners and operators, is limited by reason
of contract, bill of lading or statute, including but not limited to, the
Limitation of Liability Act (46 U.S.C. 181-189), the Harter Act (46
U.S.C. 190-195), the Carriage of Goods by Sea Act (46 U.S.C. 1300-1315),
and the Federal Water Pollution Control Act (33 U.S.C. 1321); and
(6) The fees charged for the services rendered by the licensee and
trainee have been computed and are assessed in accordance with and based
upon the above stipulations.
___________________________________________________________________________
___ [1959 c.404 §3; 1973 c.650 §3; 1983 c.330 §5; 1993 c.796 §18]An organization of pilots shall not be liable
for any claims arising from acts or omissions of a licensee, trainee or
organization of pilots which relate, directly or indirectly, to pilotage
of a vessel. A licensee or trainee shall not be liable either directly or
as a member or associate of an organization of pilots for any claims
arising from acts or omissions of any other licensee, trainee or any
organization of pilots which relate, directly or indirectly, to pilotage
of a vessel. This section does not apply to acts or omissions relating to
the ownership and operation of pilot boats or the transportation of
licensees and trainees to and from the vessel being piloted. [1983 c.330
§8; 1993 c.796 §19](1) Each licensee and trainee shall
procure and furnish to the Oregon Board of Maritime Pilots a security in
the sum of $250 as a surety bond or an irrevocable letter of credit, in a
form approved by the board and underwritten by a surety company
authorized to engage in business in the State of Oregon or issued by an
insured institution, as defined in ORS 706.008, or as a cash deposit in a
form approved by the board. The cash deposit, letter of credit or bond
shall be conditioned so as to pay the sum to any person, firm,
corporation or other legal entity who or which shall suffer any loss or
damage by reason of any negligent act or omission of the licensee or
trainee which relates, directly or indirectly, to pilotage of the vessel.
No licensee or trainee shall be liable for any such act or omission
beyond the amount of the security. However, this limitation of liability
shall not apply:
(a) To willful misconduct on the part of the licensee or trainee;
(b) To the extent to which insurance is procured pursuant to the
option granted by ORS 776.510 and 776.520; or
(c) To acts or omissions relating to the ownership and operation of
pilot boats or the transportation of licensees and trainees to and from
the vessel being piloted.
(2) When any suit or action is brought in any court against a
licensee or trainee for any such act or omission in respect of which
liability is limited as provided by this section and other claims are
made or anticipated in respect of the same act or omission, upon payment
by the licensee or trainee of the amount of the security into the court
in which such suit or action is brought, the court shall distribute that
amount rateably among the several claimants and shall dismiss the
proceedings as to the licensee or trainee. [1983 c.330 §7; 1985 c.29 §1;
1991 c.331 §138; 1993 c.796 §20; 1997 c.631 §553]PENALTIES (1) In addition to any other penalty
provided by law, any licensee or trainee who commits any act for which
the Oregon Board of Maritime Pilots could revoke, suspend or refuse to
issue or renew a license is subject to a civil penalty in an amount
determined by the board of not more than $250 for each offense.
(2) Any person who violates the provisions of ORS 776.405 (1)(a) is
subject to a civil penalty in an amount as determined by the board of not
less than $5,000 and not more than $50,000.
(3) Civil penalties under this section shall be imposed as provided
in ORS 183.745.
(4) All amounts recovered under this section are subject to ORS
776.365. [1981 c.88 §11; 1991 c.234 §6; 1991 c.734 §102; 1993 c.796 §21] (1) Except as provided in subsection
(2) of this section, any person violating any of the provisions of this
chapter is punishable, upon conviction, by a fine not to exceed $500, or
by imprisonment in the county jail not to exceed six months, or both.
(2) Any person violating the provisions of ORS 776.405 (1)(a) is
punishable, upon conviction, by a fine of not less than $5,000 nor more
than $50,000, or by imprisonment in the county jail not to exceed six
months, or both. [1957 c.448 §26; 1991 c.234 §7]
_______________
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