2007 Oregon Code - Chapter 509 :: Chapter 509 - General Protective Regulations
Chapter 509 —
General Protective Regulations
2007 EDITION
GENERAL PROTECTIVE REGULATIONS
COMMERCIAL FISHING AND FISHERIES
GENERAL PROVISIONS
509.001Â Â Â Â Definitions
TAKING, POSSESSING, BUYING, SELLING AND
TRANSPORTING FOOD FISH
509.006Â Â Â Â General
prohibition regarding taking, possessing, buying, selling or handling food fish
509.011Â Â Â Â Prohibited
activities during closed season
509.015Â Â Â Â Forfeiture
of boat, vessel or fishing gear unlawfully used; seizure and disposition of
food fish unlawfully taken
509.019Â Â Â Â Consumption
of catch at sea lawful without payment of fee
509.025Â Â Â Â Selling
or transporting food fish taken by angling
509.031Â Â Â Â Rainbow
trout as game fish; return to water of incidental commercial catch
509.040Â Â Â Â Small
or immature salmon protected; exceptions; rules
509.070Â Â Â Â Selling,
canning, processing or preserving food fish out of water longer than 60 hours
509.075Â Â Â Â Packing
or selling food fish unfit for human consumption
509.105Â Â Â Â Possession,
importation or transportation of food fish unlawfully taken in other state
509.110Â Â Â Â Fish
transporters to require statement from shipper; examination by commission
WASTING, INJURING AND DESTROYING FISH
509.112Â Â Â Â Wasting
food fish
509.115Â Â Â Â Placing
in waters fish harmful to food fish
509.120Â Â Â Â Using
electricity to disturb food fish
509.122Â Â Â Â Definitions
for ORS 509.125 to 509.155
509.125Â Â Â Â Placing
substances in water to drive fish from closed areas
509.130Â Â Â Â Placing
substances in water or using explosives to take or destroy food fish
509.140Â Â Â Â Placing
explosives or harmful substances in waters in course of lawful work; permit
509.150Â Â Â Â Use
by commission of explosives or substances to destroy predatory fish
509.155Â Â Â Â Possession
of fish taken by explosives or harmful substance justifies arrest; burden of
proof
FISHING GEAR
509.216Â Â Â Â Fixed
fishing gear unlawful for taking food fish; exceptions; rules
509.230Â Â Â Â Possession
of fish taken by lawful gear from Pacific Ocean outside
509.235Â Â Â Â Chinese
sturgeon lines prohibited
509.240Â Â Â Â Snagging
nets during closed season allowed
509.245Â Â Â Â Notice
to director of use of snagging net
NET FISHING FOR SALMON IN
509.355Â Â Â Â Definitions
for ORS 509.355 to 509.385
509.360Â Â Â Â When
ORS 509.355 to 509.385 operative; proof
509.365Â Â Â Â Taking
salmon by net in waters of Pacific Ocean over which
509.370Â Â Â Â Taking
of salmon by net in international waters of Pacific Ocean by
509.375Â Â Â Â Transporting
or possessing salmon unlawfully taken by net in certain waters prohibited
509.385Â Â Â Â Exceptions
CRABS AND OTHER SHELLFISH
(Crabs)
509.415Â Â Â Â Gear
used in taking crab; selling crabs unlawfully taken
(Shellfish)
509.505Â Â Â Â Placing
in water matter injurious to shellfish
509.510Â Â Â Â Taking
shellfish from marked beds without permission; disturbing beds
(Krill)
509.515Â Â Â Â Landing
or possession of krill prohibited
FISH PASSAGE; FISHWAYS; SCREENING DEVICES;
HATCHERIES NEAR DAMS
509.580Â Â Â Â Definitions
for ORS 509.580 to 509.590, 509.600 to 509.645 and 509.910; rules
509.585Â Â Â Â Fish
passage required for artificial obstructions; statewide inventory; waiver of
requirement by commission; rules; exemptions
509.590Â Â Â Â Fish
Passage Task Force; reports to legislature
509.595Â Â Â Â Director
to report on fish passage rules, adequacy and implementation
509.600Â Â Â Â Destroying,
injuring or taking fish near fishway; permits to take fish
509.610Â Â Â Â Maintenance
of fish passage required
509.620Â Â Â Â Condemning
inadequate or nonfunctioning fish passage; requiring new fish passage
509.625Â Â Â Â Power
of department to inspect artificial obstructions and have fish passage
constructed or remove obstruction
509.630Â Â Â Â Power
of department to establish fish passage in natural stream obstructions
509.635Â Â Â Â
509.645Â Â Â Â Filing
protest with commission; review and determination by commission; alternative
dispute resolution
ENFORCEMENT
509.910Â Â Â Â Injunction
to prevent certain violations; jurisdiction; service on corporation
GENERAL PROVISIONS
     509.001
Definitions. The definitions
prescribed by ORS 506.001 to 506.025 apply to this chapter. [1965 c.570 §91]
     509.005 [Repealed by 1965 c.570 §152]
TAKING,
POSSESSING, BUYING, SELLING AND TRANSPORTING FOOD FISH
     509.006
General prohibition regarding taking, possessing, buying, selling or handling
food fish. It is unlawful to
take, possess, buy, sell or otherwise handle any food fish in or from any
waters of this state, during times, in a manner or by means of the fishing gear
prohibited by law. [1965 c.570 §92]
     509.010 [Repealed by 1965 c.570 §152]
     509.011
Prohibited activities during closed season. (1) It is unlawful, during a closed season on any of the waters of
this state, to:
     (a) Take or transport food fish taken in
or upon such waters.
     (b) Make use of a boat or any fishing gear
to take or transport food fish taken in such waters.
     (c) Have, leave or cause to be left in
such waters any fishing gear in a condition to take food fish.
     (2) It is unlawful to:
     (a) Buy, receive, possess or sell food
fish unlawfully caught during a closed season.
     (b) Make use of a vehicle of any kind
whatsoever for transporting, or intended to be used for transporting, in any
place, food fish unlawfully taken during a closed season, or unlawfully brought
into this state. [1965 c.570 §93]
     509.015
Forfeiture of boat, vessel or fishing gear unlawfully used; seizure and
disposition of food fish unlawfully taken. (1) In addition to the penalty prescribed by ORS 506.991, upon
conviction of a violation of ORS 509.011, the court may order the forfeiture of
the boat, vessel, vehicle and fishing gear unlawfully used, in the manner
provided by ORS 506.695 and 506.700, and the clear proceeds of the property
forfeited shall be deposited with the State Treasury in the Common School Fund.
     (2) All food fish taken, transported or
possessed in violation of ORS 509.011 are subject to seizure by the State Fish
and Wildlife Director, a deputy fish or game warden or a member of the state
police, either with or without arrest. Upon such seizure, the fish are subject
to forfeiture and disposition pursuant to ORS 506.690. [Amended by 1957 c.133 §1;
1965 c.570 §95; 1977 c.652 §8; 1987 c.858 §9; 1993 c.699 §29]
     509.019
Consumption of catch at sea lawful without payment of fee. Notwithstanding any other provision of law,
an individual lawfully engaged in commercial fishing, while at sea, may consume
a portion of the lawful commercial catch, without payment of the fees required
under ORS 508.505. [1987 c.178 §2; 1991 c.701 §18]
     509.020 [Repealed by 1965 c.570 §152]
     509.025
Selling or transporting food fish taken by angling. It is unlawful to sell within this state, or
transport out of this state for the purpose of sale, food fish taken from any
waters of this state by means of angling. [Amended by 1965 c.570 §94;
subsection (2) enacted as 1965 c.570 §107; 1977 c.242 §6]
     509.030 [Amended by 1965 c.570 §99; 1969 c.411 §3;
repealed by 1975 c.1 §1 (509.031 enacted in lieu of 509.030)]
     509.031
Rainbow trout as game fish; return to water of incidental commercial catch. (1) It shall be the policy of the State of
     (2) Any rainbow trout, Oncorhynchus
mykiss, including steelhead trout taken as an incidental catch, by any person
fishing commercially shall be returned immediately to the water and shall not
be bought or sold within the state.
     (3) Nothing in this section is intended to
affect Indian fishing rights as granted by federal treaties. [1975 c.1 §2
(enacted in lieu of 509.030); 1987 c.199 §1; 1991 c.47 §1]
     509.035 [Repealed by 1965 c.570 §152]
     509.036 [1973 c.500 §§6,7; repealed by 1975 c.416 §2]
     509.040
Small or immature salmon protected; exceptions; rules. (1) Any person who takes any immature salmon
of any variety less than 20 inches in length, or any mature salmon of any
variety less than 15 inches in length, by any means other than angling, shall
immediately return such salmon alive to the water.
     (2) It is unlawful to:
     (a) Take, buy, sell or possess immature
salmon less than 20 inches or mature salmon less than 15 inches in length,
taken in any waters of this state, at any time or in any manner except by
angling.
     (b) Take, molest, kill or injure, in any
manner at any time, or expose for sale or have in possession, except for the
purpose of propagation when authorized by law, any spawning salmon.
     (3) Notwithstanding subsections (1) and
(2) of this section it is lawful to take precocious salmon commonly called jack
salmon less than 15 inches in length from the waters of this state, except the
     (4) To further protect immature salmon the
State Fish and Wildlife Commission may establish by rule a minimum size for any
species of salmon which is greater than 20 inches. [Amended by 1965 c.570 §97]
     509.045 [Amended by 1965 c.570 §98; repealed by 1981
c.365 §23]
     509.050 [Repealed by 1965 c.570 §152]
     509.055 [Repealed by 1965 c.570 §152]
     509.060 [Amended by 1965 c.570 §96; renumbered
509.185]
     509.065 [Amended by 1959 c.254 §1; 1965 c.570 §101;
renumbered 509.112]
     509.070
Selling, canning, processing or preserving food fish out of water longer than
60 hours. It is unlawful to
sell, can, process or preserve for food any food fish that have been removed
from the water for a longer period than 60 hours, unless such fish have been
artificially chilled. [Amended by 1965 c.570 §102]
     509.075
Packing or selling food fish unfit for human consumption. If the State Fish and Wildlife Commission or
its authorized representatives finds that food fish about to be processed,
packed, canned, preserved in ice or sold in the open market are unfit for human
consumption, it or they shall notify the packer or possessor of such fish of
the fact. If, in spite of any warning given to such packer or possessor, such
fish are packed, demand shall be made upon the packer to keep such fish
separate and apart from the balance of the output or pack of the packer, and a
full report shall be made of the matter to both the state and the federal
health authorities. [Amended by 1965 c.570 §103]
     509.080 [Repealed by 1965 c.570 §152]
     509.090 [Repealed by 1965 c.570 §152]
     509.095 [Repealed by 1953 c.364 §3]
     509.100 [Repealed by 1953 c.364 §3]
     509.105
Possession, importation or transportation of food fish unlawfully taken in
other state. It is unlawful
to possess, import into this state or transport within this state any food fish
which have been unlawfully taken or transported under the laws of another
state. [Amended by 1957 c.291 §1; 1965 c.570 §108]
     509.110
Fish transporters to require statement from shipper; examination by commission. (1) All transportation companies, common
carriers or other persons or agencies transporting food fish, fresh, frozen,
salted, smoked, kippered or preserved in ice, shall require of the shipper,
before accepting such shipments, a signed statement in writing showing:
     (a) The name of the consignor or shipper.
     (b) The name of the consignee.
     (c) The net weight in pounds of each
species of fish in the shipment, in the whole or round, or dressed.
     (d) The date of the shipment.
     (2) The State Fish and Wildlife Commission
may require such statement to be forwarded to its office.
     (3) The State Fish and Wildlife Director
or the authorized representative of the director may at any time examine the
records of any such transportation companies, common carriers or other persons
or agencies, for the purpose of enforcing this section. [Amended by 1965 c.570 §109]
WASTING,
INJURING AND DESTROYING FISH
     509.112
Wasting food fish. It is
unlawful for any person wantonly to waste or destroy any food fish. [Formerly
509.065]
     509.115
Placing in waters fish harmful to food fish. It is unlawful, without written authority from the State Fish and
Wildlife Commission, to place in any of the waters of this state any species or
variety of fish whatsoever which are inimical to or destructive of food fish. [Amended
by 1965 c.570 §105]
     509.120
Using electricity to disturb food fish. It is unlawful to use or permit to be used in any of the waters of
this state any electrical device, appliance or current which in any manner has
a tendency to retard, scare, frighten or obstruct any food fish in their
migrations or movements in such waters without first having obtained the
consent of and a permit from the State Fish and Wildlife Director. [Amended by
1965 c.570 §106]
     509.122
Definitions for ORS 509.125 to 509.155. As used in ORS 509.125 to 509.155, unless the context requires
otherwise:
     (1) “Explosives” means any explosive
substances whatever, including but not limited to powder, dynamite and nitroglycerine.
     (2) “Substance deleterious to fish”
includes but is not limited to any drug, powder, chemical, medicated bait, gas,
cocculus indicus or extract therefrom, inimical to fish. [1965 c.570 §110]
     509.125
Placing substances in water to drive fish from closed areas. It is unlawful to place or cause to be
placed in any stream of this state where anadromous or food fish run or exist,
within the distance from any dam, fishway or object in which the taking of any
anadromous or food fish by means other than angling is prohibited by law, any
blood or offal of fish, or any other substance, matter or contrivance that will
frighten or drive anadromous or food fish, or with intent to drive or frighten,
out of that part of the waters of any stream in which it is unlawful to take
such fish. [Amended by 1965 c.570 §111]
     509.130
Placing substances in water or using explosives to take or destroy food fish. It is unlawful, for the purpose of taking or
destroying any food fish, to:
     (1) Throw, cast or pass, or cause or
permit to be thrown, cast or passed, in any waters of this state in which food
fishes are wont to be, any substance deleterious to fish; or
     (2) Explode or cause to be exploded in any
waters of this state, any explosives. [Amended by 1963 c.112 §1; 1965 c.570 §112]
     509.135 [Repealed by 1965 c.570 §152]
     509.140
Placing explosives or harmful substances in waters in course of lawful work;
permit. (1) Whenever in the
course of removing any obstruction in any waters of this state, or in
constructing any foundations for dams, bridges or other structures, or in
carrying on any trade or business, any person, municipal corporation, political
subdivision or governmental agency desires to use explosives or any substances
deleterious to fish, such person, municipal corporation, political subdivision
or governmental agency shall make application to the State Fish and Wildlife
Commission for a permit to use the explosives or substances in such waters.
     (2) If the commission finds it necessary
that the explosives or substances be used, it may make an order granting such
person, municipal corporation, political subdivision or governmental agency the
right to use the explosives or substances and shall:
     (a) Designate the places and period within
which the explosives or substances may be used; and
     (b) Prescribe such precautions as will
save fish from injury.
     (3) It is unlawful to disregard such order
or fail to obtain such order or permit before using explosives or substances
deleterious to fish. [Amended by 1963 c.112 §2; 1965 c.570 §113]
     509.145 [Repealed by 1965 c.570 §152]
     509.150
Use by commission of explosives or substances to destroy predatory fish. Nothing in ORS 509.125 to 509.155 prevents
the State Fish and Wildlife Commission from using any explosives or substances
deleterious to fish for the purpose of destroying German carp or any other
predatory fish inimical to food fish, or from carrying out any of the
commercial fishing laws. [Amended by 1965 c.570 §114]
     509.155
Possession of fish taken by explosives or harmful substance justifies arrest;
burden of proof. Having in
possession any food fish under circumstances which make it reasonable to
believe that they were taken by means of explosives or substances deleterious
to fish justifies the arrest of the person having the fish in possession. It is
then incumbent upon such person to prove and show that the fish were taken by
lawful means. [Amended by 1965 c.570 §115]
     509.185 [Formerly 509.060; repealed by 1971 c.658 §32]
     509.205 [Repealed by 1965 c.570 §152]
     509.206 [1965 c.570 §116; repealed by 1969 c.357 §2]
     509.210 [Repealed by 1965 c.570 §152]
     509.215 [Repealed by 1965 c.570 §152]
FISHING GEAR
     509.216
Fixed fishing gear unlawful for taking food fish; exceptions; rules. (1) Except as provided in subsection (2) of
this section, it is unlawful to take food fish by means of fixed fishing gear
or seines in any of the waters of this state.
     (2) The State Fish and Wildlife Commission
by rule may permit fixed fishing gear or seines for the taking of certain
species of food fish other than salmon or steelhead from the waters of this
state. In enacting any such rule the commission shall give due consideration to
insuring that the use of such fishing gear will not restrict the free migration
or impair the ultimate supply of salmon or steelhead. Any salmon or steelhead
taken as an incidental catch in operation of such gear shall immediately, with
care and the least possible injury to the salmon or steelhead, be released and
transferred to the water without violence. [1965 c.570 §117; 1969 c.357 §1]
     509.220 [Repealed by 1965 c.570 §152]
     509.225 [Repealed by 1965 c.570 §152]
     509.230
Possession of fish taken by lawful gear from Pacific Ocean outside
     (a) The purpose of commercially packing,
canning or preserving the fish.
     (b) The manufacture of fish meal, fish oil
or other fish products or by-products.
     (c)
     (d) Bait.
     (2) It is also unlawful to take any salmon
for commercial purposes in any of the waters of the
     509.235
Chinese sturgeon lines prohibited. It is unlawful to use or assist in using any Chinese sturgeon line, or
lines of a similar character, in the waters of this state. [Amended by 1965
c.570 §119]
     509.240
Snagging nets during closed season allowed. It is lawful to operate or use a net consisting of a single nylon or
cotton web of a mesh not less than 14 inches, taut measure, hung or attached to
not to exceed two lead lines combined and used as a single line and a single
cork line, in any of the waters of this state, during any season or period
closed to commercial fishing by law or by rule of the State Fish and Wildlife
Commission, for the purpose of clearing away or removing snags or similar
obstructions from gillnet drifts and other suitable or desirable fishing areas.
[Amended by 1961 c.370 §1; 1965 c.570 §120]
     509.245
Notice to director of use of snagging net. Any person desiring to operate a snagging net as provided in ORS
509.240 shall, before operating or attempting to so operate such net, obtain
from the State Fish and Wildlife Director a snagging permit by forwarding a
written request to the office of the State Fish and Wildlife Commission
specifically providing:
     (1) The particular gillnet drift, fishing
ground or other area to be cleared;
     (2) The waters in which located;
     (3) The mesh size of the snagging net to
be used; and
     (4) The dates on which or within which the
proposed snagging operations will be carried on. In specifying any such dates,
no one notice is valid for a period of more than 30 days from the date thereof.
[Amended by 1965 c.570 §121]
     509.250 [Repealed by 1965 c.570 §152]
     509.252 [1955 c.477 §1; 1957 c.130 §1; repealed by
1963 c.246 §12]
     509.255 [Repealed by 1961 c.183 §1]
     509.260 [Repealed by 1961 c.155 §1]
     509.265 [Repealed by 1965 c.570 §152]
     509.270 [Repealed by 1965 c.570 §152]
     509.275 [Repealed by 1965 c.570 §152]
     509.280 [Repealed by 1965 c.570 §152]
     509.285 [Repealed by 1965 c.570 §152]
     509.290 [Repealed by 1965 c.570 §152]
     509.295 [Repealed by 1965 c.570 §152]
     509.300 [Repealed by 1965 c.570 §152]
NET FISHING
FOR SALMON IN
     509.355
Definitions for ORS 509.355 to 509.385. As used in ORS 509.355 to 509.385:
     (1) “Citizen of this state” means a person
who maintains the usual place of abode of the person within this state or who
otherwise qualifies as a citizen of this state under the laws of this state.
     (2) “International waters” means waters
outside the territorial boundaries of any state, territory or country. [1957
c.152 §1]
     509.360
When ORS 509.355 to 509.385 operative; proof. (1) ORS 509.355 to 509.385 shall not be operative at any time unless
laws or rules or regulations of
     (a) Similar to and which accomplish the
purposes of ORS 509.355 to 509.385; or
     (b) Which prohibit the possession or
transportation within their respective territorial waters of the Pacific Ocean
of salmon taken by any type of net within the international waters of the
Pacific Ocean or within their respective territorial waters of the Pacific
Ocean and not accompanied by a certificate issued under the authority of this
state or of another state, territory or country showing that such salmon were
lawfully taken.
     (2) Such laws or rules or regulations of
California, Washington and Canada shall be considered effective upon receipt by
the Secretary of State of this state of certified written statements from the
respective secretaries of state of California and Washington and from the
Department of State of the United States on behalf of Canada setting forth such
laws or rules or regulations and the date on which they are effective. Such
certified written statements, together with a written statement of the Attorney
General of this state that the provisions of subsection (1) of this section are
satisfied by such laws or rules or regulations, are conclusive proof that the
provisions of subsection (1) of this section are so satisfied. In any
prosecution for violation of any provision of ORS 509.365, 509.370 or 509.375,
proof of the existence of such certified written statements and written statement
of the Attorney General of this state need not be made unless demanded by the
defendant prior to the commencement of trial. [1957 c.152 §§9,10; 1965 c.570 §123]
     Note: 509.355 to 509.385 are operative and in full
force and effect. A written statement of the Attorney General of the State of
     509.365
Taking salmon by net in waters of Pacific Ocean over which
     509.370
Taking of salmon by net in international waters of Pacific Ocean by
     509.375
Transporting or possessing salmon unlawfully taken by net in certain waters
prohibited. No person shall
transport through the waters of this state wherein net fishing for salmon is
prohibited or have in possession anywhere within this state any salmon which
were taken by any type of net within the international waters of the Pacific
Ocean or within the territorial waters of this state or of another state,
territory or country wherein such fishing is prohibited and which are not
accompanied by a certificate issued under the authority of this state or of
another state, territory or country showing that such salmon were lawfully
taken. [1957 c.152 §4]
     509.380 [1957 c.152 §5; repealed by 1965 c.570 §152]
     509.385
Exceptions. ORS 509.355 to
509.385 do not apply to:
     (1) Those species of salmon in those areas
within the international waters of the Pacific Ocean which are regulated by the
International Pacific Salmon Fisheries Commission or by
     (2) The use of nets for fishing for or
taking salmon for purposes of scientific investigation authorized by the laws
of this state. [1957 c.152 §6]
     509.390 [1957 c.152 §7; repealed by 1965 c.570 §152]
     509.405 [Repealed by 1955 c.274 §1]
     509.410 [Repealed by 1955 c.274 §1]
CRABS AND
OTHER SHELLFISH
(Crabs)
     509.415
Gear used in taking crab; selling crabs unlawfully taken. (1) No person shall take a crab from any of
the waters of the state for commercial purposes, with or by the use of any
other gear than that specifically known as crab ring or crab pot, or sell or
offer for sale crabs unlawfully caught.
     (2) The taking of Dungeness crab (Cancer
magister) for commercial purposes from any of the waters of this state, by the
use of any gear except that commonly known as crab ring or crab pot, is
prohibited.
     (3) Each crab ring or crab pot used for
the taking of crabs for commercial purposes must have attached to it a tag
identifying the owner or the vessel from which the rings or pots are operated. [Amended
by 1997 c.252 §2]
     509.420 [Repealed by 1965 c.570 §152]
     509.425 [Amended by 1965 c.570 §128; 1969 c.675 §1;
1981 c.638 §3; renumbered 622.220]
     509.427 [1969 c.675 §10; 1981 c.638 §4; renumbered
622.230]
     509.429 [1969 c.675 §11a; 1981 c.638 §5; renumbered
622.240]
     509.430 [Repealed by 1965 c.570 §152]
     509.431 [1969 c.675 §11; 1981 c.638 §6; renumbered
622.250]
     509.433 [1969 c.675 §12; 1981 c.638 §7; renumbered
622.260]
     509.435 [Repealed by 1965 c.570 §152]
     509.436 [1965 c.570 §59d; 1969 c.675 §2; 1981 c.638 §8;
renumbered 622.270]
     509.439 [1969 c.675 §13; 1981 c.638 §9; renumbered
622.280]
     509.440 [Repealed by 1965 c.570 §152]
     509.441 [1969 c.675 §8; 1981 c.638 §10; renumbered
622.290]
     509.445 [Repealed by 1965 c.570 §152]
     509.450 [Repealed by 1965 c.570 §152]
     509.451 [1969 c.675 §9; 1981 c.638 §11; renumbered
622.300]
     509.455 [Amended by 1969 c.675 §3; renumbered
622.320]
     509.460 [Amended by 1963 c.113 §1; 1965 c.570 §124;
renumbered 509.505]
     509.465 [Repealed by 1969 c.675 §21]
     509.470 [Renumbered 622.330]
     509.475 [Amended by 1965 c.570 §125; renumbered
509.510]
     509.480 [Repealed by 1969 c.675 §21]
     509.485 [Repealed by 1969 c.675 §21]
     509.490 [Repealed by 1969 c.675 §21]
     509.495 [Amended by 1969 c.675 §4; renumbered
622.340]
     509.500 [Amended by 1977 c.242 §7; renumbered
622.350]
(Shellfish)
     509.505
Placing in water matter injurious to shellfish. It is unlawful for any person, municipal
corporation, political subdivision or governmental agency to deposit or allow
to escape into, or cause or permit to be deposited or escape into any public
waters of this state, any substance of any kind which will or shall in any
manner injuriously affect the life, growth or flavor of shellfish in or under
such waters. [Formerly 509.460]
     509.510
Taking shellfish from marked beds without permission; disturbing beds. It is unlawful, without the permission of
the legal occupants, to take up shellfish from natural or artificially planted
beds, which beds have been lawfully and plainly marked. It is unlawful
willfully to disturb the shellfish in such beds, the surfaces of such beds, or
the markers. [Formerly 509.475]
(Krill)
     509.515
Landing or possession of krill prohibited. A person who holds a license or permit issued under the commercial
fishing laws may not possess or land any species of euphausiids, commonly known
as krill, or take euphausiids from any waters of the Pacific Ocean over which
this state has jurisdiction, including the area outside the territorial
jurisdiction of this state but within the part of the exclusive economic zone
of the United States represented by a straight line extension of the boundaries
of the state drawn seaward a distance of 200 nautical miles. [2003 c.809 §18]
FISH PASSAGE;
FISHWAYS; SCREENING DEVICES; HATCHERIES NEAR DAMS
     509.580
Definitions for ORS 509.580 to 509.590, 509.600 to 509.645 and 509.910; rules. As used in ORS 509.580 to 509.590, 509.600
to 509.645 and 509.910:
     (1) “Artificial obstruction” means any
dam, diversion, culvert or other human-made device placed in the waters of this
state that precludes or prevents the migration of native migratory fish.
     (2) “Construction” means:
     (a) Original construction;
     (b) Major replacement;
     (c) Structural modifications that increase
storage or diversion capacity; or
     (d) For purposes of culverts, installation
or replacement of a roadbed or culvert.
     (3) “Emergency” means unforeseen
circumstances materially related to or affected by an artificial obstruction
that, because of adverse impacts to a population of native migratory fish,
requires immediate action. The State Fish and Wildlife Director may further
define the term “emergency” by rule.
     (4) “Fundamental change in permit status”
means a change in regulatory approval for the operation of an artificial
obstruction where the regulatory agency has discretion to impose additional
conditions on the applicant, including but not limited to licensing,
relicensing, reauthorization or the granting of new water rights, but not
including water right transfers or routine maintenance permits.
     (5) “In-proximity” means within the same
watershed or water basin and having the highest likelihood of benefiting the
native migratory fish populations directly affected by an artificial
obstruction.
     (6) “Native migratory fish” means those
native fish that migrate for their life cycle needs and that are listed in the
rules of the State Fish and Wildlife Director.
     (7) “Net benefit” means an increase in the
overall, in-proximity habitat quality or quantity that is biologically likely
to lead to an increased number of native migratory fish after a development
action and any subsequent mitigation measures have been completed.
     (8) “Oregon Plan” means the guidance
statement and framework described in ORS 541.405. [2001 c.923 §1]
     Note: 509.580 to 509.595 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
509 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     509.585
Fish passage required for artificial obstructions; statewide inventory; waiver
of requirement by commission; rules; exemptions. (1) It is the policy of the State of Oregon
to provide for upstream and downstream passage for native migratory fish and
the Legislative Assembly finds that cooperation and collaboration between
public and private entities is necessary to accomplish the policy goal of
providing passage for native migratory fish and to achieve the enhancement and
restoration of OregonÂ’s native salmonid populations, as envisioned by the
Oregon Plan. Therefore, except as provided in ORS chapter 509, fish passage is
required in all waters of this state in which native migratory fish are
currently or have historically been present.
     (2) Except as otherwise provided by this
section or ORS 509.645, a person owning or operating an artificial obstruction
may not construct or maintain any artificial obstruction across any waters of
this state that are inhabited, or historically inhabited, by native migratory
fish without providing passage for native migratory fish.
     (3) The State Department of Fish and
Wildlife shall complete and maintain a statewide inventory of artificial
obstructions in order to prioritize enforcement actions based on the needs of
native migratory fish. This prioritization shall include, but need not be
limited to, the degree of impact of the artificial obstruction on the native
migratory fish, the biological status of the native migratory fish stocks in
question and any other factor established by the department by rule. The
department shall establish a list of priority projects for enforcement
purposes. Priority artificial obstructions are subject to the State Fish and
Wildlife CommissionÂ’s authority as provided in ORS 509.625. Unless requested by
persons owning or operating an artificial obstruction, the department shall
primarily direct its enforcement authority toward priority projects,
emergencies and projects described in subsection (4) of this section. The
priority project list shall be subject to periodic review and amendment by the
department and to formal review and amendment by the commission no less
frequently than once every five years.
     (4) A person owning or operating an artificial
obstruction shall, prior to construction, fundamental change in permit status
or abandonment of the artificial obstruction in any waters of this state,
obtain a determination from the department as to whether native migratory fish
are or historically have been present in the waters. If the department
determines that native migratory fish are or historically have been present in
the waters, the person owning or operating the artificial obstruction shall
either submit a proposal for fish passage to the department or apply for a
waiver pursuant to subsection (7) of this section. Approval of the proposed
fish passage facility or of the alternatives to fish passage must be obtained
from the department prior to construction, permit modification or abandonment
of the artificial obstruction.
     (5) Consistent with the purpose and goals
of the Oregon Plan, the department shall seek cooperative partnerships to
remedy fish passage problems and to ensure that problems are corrected as soon
as possible. The department and the person owning or operating the artificial
obstruction are encouraged to negotiate the terms and conditions of fish
passage or alternatives to fish passage, including appropriate cost sharing.
The negotiations may include, but are not limited to, consideration of
equitable factors.
     (6) The department shall submit a proposed
determination of the required fish passage or alternatives to fish passage to
the commission for approval. The determination may be the result of the
negotiations described in subsection (5) of this section or, if no agreement
was reached in the negotiations, a determination proposed by the department. If
a protest is not filed within the time period specified in ORS 509.645, the
proposed determination shall become a final order.
     (7)(a) The commission shall waive the
requirement for fish passage if the commission determines that the alternatives
to fish passage proposed by the person owning or operating the artificial
obstruction provide a net benefit to native migratory fish.
     (b) Net benefit to native migratory fish
is determined under this subsection by comparing the benefit to native
migratory fish that would occur if the artificial obstruction had fish passage
to the benefit to native migratory fish that would occur using the proposed
alternatives to fish passage. Alternatives to fish passage must result in a
benefit to fish greater than that provided by the artificial obstruction with
fish passage. The net benefit to fish shall be determined based upon conditions
that exist at the time of comparison.
     (c) The State Fish and Wildlife Director
shall develop rules establishing general criteria for determining the adequacy
of fish passage and of alternatives to fish passage. The general criteria shall
include, but not be limited to:
     (A) The geographic scope in which
alternatives must be conducted;
     (B) The type and quality of habitat;
     (C) The species affected;
     (D) The status of the native migratory
fish stocks;
     (E) Standards for monitoring, evaluating
and adaptive management;
     (F) The feasibility of fish passage and
alternatives to fish passage;
     (G) Quantified baseline conditions;
     (H) Historic conditions;
     (I) Existing native migratory fish
management plans;
     (J) Financial or other incentives and the
application of incentives;
     (K) Data collection and evaluation; and
     (L) Consistency with the purpose and goals
of the Oregon Plan.
     (d) To the extent feasible, the department
shall coordinate its requirements for adequate fish passage or alternatives to
fish passage with any federal requirements.
     (8) A person owning or operating an
artificial obstruction may at any time petition the commission to waive the
requirement for fish passage in exchange for agreed-upon alternatives to fish
passage that provide a net benefit to native migratory fish as determined in
subsection (7) of this section.
     (9)(a) Artificial obstructions without
fish passage are exempt from the requirement to provide fish passage if the
commission:
     (A) Finds that a lack of fish passage has
been effectively mitigated;
     (B) Has granted a legal waiver for the
artificial obstruction; or
     (C) Finds there is no appreciable benefit
to providing fish passage.
     (b) The commission shall review, at least
once every seven years, the artificial obstructions exempted under this subsection
that do not have an exemption expiration date to determine whether the
exemption should be renewed. The commission may revoke or amend an exemption if
it finds that circumstances have changed such that the relevant requirements
for the exemption no longer apply. The person owning or operating the
artificial obstruction may protest the decision by the commission pursuant to
ORS 509.645.
     (10) If the fundamental change in permit
status is an expiration of a license of a federally licensed hydroelectric
project, the commissionÂ’s determination shall be submitted to the Federal
Energy Regulatory Commission as required by ORS 543A.060 to 543A.410.
     (11) To the extent that the requirements
of this section are preempted by the Federal Power Act or by the laws governing
hydroelectric projects located in waters governed jointly by
     (12) A person subject to a decision of the
commission under this section shall have the right to a contested case hearing
according to the applicable provisions of ORS chapter 183. [2001 c.923 §2]
     Note: See note under 509.580.
     509.590
Fish Passage Task Force; reports to legislature. (1) The State Fish and Wildlife Director
shall establish a Fish Passage Task Force to advise the director and the State
Department of Fish and Wildlife on matters related to fish passage in
     (2) The department shall provide staff
necessary for the performance of the functions of the task force.
     (3) A member of the task force may not
receive compensation for services as a member of the task force. In accordance
with ORS 292.495, a member of the task force may receive reimbursement for
actual and necessary travel or other expenses incurred in the performance of
official duties.
     (4) The task force shall report
semiannually to the appropriate legislative committee with responsibility for
salmon restoration or species recovery, to advise the committee on matters
related to fish passage. [2001 c.923 §3; 2007 c.354 §17]
     Note: See note under 509.580.
     509.595
Director to report on fish passage rules, adequacy and implementation. The State Fish and Wildlife Director shall
report to the Governor, the Speaker of the House of Representatives, the
President of the Senate and the appropriate legislative committee with responsibility
for salmon restoration or species recovery:
     (1) Prior to the adoption of rules
relating to fish passage;
     (2) Prior to the establishment of the
general criteria for determining the adequacy of fish passage and of
alternatives to fish passage required to be established under ORS 509.585
(7)(c); and
     (3) Semiannually on the progress that the
director has made in implementing ORS 509.580 to 509.590. [2001 c.923 §20; 2007
c.354 §18]
     Note: See note under 509.580.
     509.600
Destroying, injuring or taking fish near fishway; permits to take fish. (1) A person may not willfully or knowingly
destroy, injure or take fish within 600 feet of any fishway, except as
permitted by subsection (2) of this section. Actions that violate this section
include, but are not limited to:
     (a) Hindering, annoying or disturbing fish
entering, passing through, resting in or leaving such fishway, or obstructing
the passage of fish through the fishway at any time or in any manner.
     (b) Placing anything in the fishway.
     (c) Using any fishing gear within 600 feet
of the fishway.
     (d) Taking fish at any time anywhere
within 600 feet of the fishway.
     (e) Doing any injury to the fishway.
     (2) The State Fish and Wildlife Commission
may by rule or by issuance of permits authorize the taking of fish within 600
feet of any fishway. [1965 c.570 §104; 1973 c.723 §122; 1981 c.646 §6; 2001
c.923 §8]
     509.605 [Amended by 1955 c.707 §49; 1963 c.178 §1;
1965 c.570 §131; 1973 c.723 §123; repealed by 2001 c.923 §21]
     509.610
Maintenance of fish passage required. (1) Subject to ORS 509.645, when the State Department of Fish and
Wildlife requires fish passage to be provided pursuant to ORS 509.585, the
person owning or operating an artificial obstruction shall keep the fish
passage in such repair as to provide adequate fish passage of native migratory
fish at all times.
     (2) Each day of neglect or refusal to
comply with subsection (1) of this section, after notification in writing by
the department, constitutes a separate offense.
     (3) A person owning or operating an
artificial obstruction is responsible for maintaining, monitoring and
evaluating the effectiveness of fish passage or alternatives to fish passage. [Amended
by 1955 c.707 §52; 1965 c.570 §132; 2001 c.923 §9]
     509.615 [Amended by 1957 c.135 §1; 1963 c.111 §1;
1965 c.570 §135; 1987 c.488 §2; 1993 c.478 §9; 1995 c.426 §6; repealed by 2007
c.625 §16]
     509.620
Condemning inadequate or nonfunctioning fish passage; requiring new fish
passage. If, in the judgment
of the State Department of Fish and Wildlife, fish passage is not functioning
as intended or is inadequate, as constructed under ORS 509.585, the State Fish
and Wildlife Commission may condemn the fish passage and order new fish passage
installed in accordance with plans and specifications determined by the
department. [Amended by 2001 c.923 §10]
     509.625
Power of department to inspect artificial obstructions and have fish passage
constructed or remove obstruction. (1) The State Department of Fish and Wildlife may determine or ascertain
by inspection of any artificial obstruction whether it would be advisable to
construct fish passage, or order the construction pursuant to ORS 509.585 of
fish passage, at the artificial obstruction. Without affecting other remedies
to enforce the requirement to install fish passage, if the State Fish and
Wildlife Commission determines that an emergency exists, the commission may
order the construction, pursuant to ORS 509.585, of fish passage in the waters
of this state inhabited by native migratory fish as deemed adequate to provide
passage for native migratory fish.
     (2) Where fish passage has previously been
constructed with or without the approval of the commission and has proved
useless or inadequate for the purposes for which it is intended, the commission
may improve or rebuild such fish passage. However, such construction or
reconstruction shall not interfere with the prime purpose of the artificial
obstruction. This subsection may not be construed to require the improvement or
rebuilding of fish passage by the commission.
     (3)(a) The commission may order a person
owning or operating an artificial obstruction on the priority list created
pursuant to ORS 509.585 who has been issued a water right, owners of lawfully
installed culverts or owners of other lawfully installed obstructions to
install fish passage or to provide alternatives to fish passage if the
commission can arrange for nonowner or nonoperator funding of at least 60
percent of the cost.
     (b) Notwithstanding paragraph (a) of this
subsection, the commission may order installation of fish passage or
alternatives to fish passage without regard to funding sources:
     (A) If the person owning or operating the
artificial obstruction is already subject to an obligation to install fish
passage or to provide alternatives to fish passage under ORS 509.585;
     (B) If the commission declares an
emergency under this section; or
     (C) If the person owning or operating the
artificial obstruction has not been issued a water right or if the artificial
obstruction has been otherwise unlawfully installed.
     (4) If a person who owns or operates an
artificial obstruction and who is required to provide fish passage under ORS
509.585 fails to provide fish passage in the manner and time required by the
State Department of Fish and Wildlife, the commission may remove, replace or
repair the artificial obstruction or any parts of the obstruction at the
expense of the owner or operator. [Amended by 1955 c.707 §53; 1963 c.232 §1;
1965 c.570 §133; 2001 c.923 §11]
     509.630
Power of department to establish fish passage in natural stream obstructions. The State Department of Fish and Wildlife
may determine or ascertain by inspection of any natural obstruction whether it
would be advisable to construct fish passage over or around such natural
obstruction. If it is deemed advisable the State Fish and Wildlife Commission
may construct fish passage that provides adequate passage for native migratory
fish in the waters of this state inhabited by native migratory fish. [Amended
by 1965 c.570 §134; 2001 c.923 §12]
     509.635
     (2) The commission, or its duly authorized
representatives, may remove any artificial obstructions placed in the
     509.640 [Amended by 1955 c.707 §54; repealed by 2001
c.923 §21]
     509.645
Filing protest with commission; review and determination by commission; alternative
dispute resolution. (1) A
person owning or operating an artificial obstruction may request alternative
dispute resolution at any point in the process of determining fish passage
requirements.
     (2) A person owning or operating an
artificial obstruction may file a protest with the State Fish and Wildlife
Commission within 30 days from the receipt of the State Department of Fish and
Wildlife determinations under ORS 509.585. The person shall identify the
grounds for protesting the departmentÂ’s determinations.
     (3) The commission may, after sufficient
opportunity for public review and comment, approve, deny or modify the proposed
determinations. [1955 c.707 §51; 1973 c.723 §124; 2001 c.923 §13]
ENFORCEMENT
     509.910
Injunction to prevent certain violations; jurisdiction; service on corporation. (1) The State Fish and Wildlife Commission
may maintain an action for an injunction to enjoin and restrain any person,
municipal corporation, political subdivision or governmental agency of this
state from violating any of the provisions of ORS 509.130, 509.140, 509.505,
509.585, 509.610 and 509.625.
     (2) Any action authorized by this section
shall be tried in the circuit court of the county in which the violation occurs
or in
     (3) If the defendant is a corporation with
its principal office and place of business in a county other than in which the
waters flow or are situated, such action shall be deemed an action of local
nature and service of summons made on a corporation in any county where the
corporation has its principal office and place of business. If it is a foreign
corporation, service may be made on the statutory agent but if there is no such
statutory agent then upon the Secretary of State as in other cases provided by
law. [1963 c.303 §1; 1977 c.242 §8; 1979 c.284 §16; 2001 c.923 §14; 2007 c.625 §10]
     509.990 [Subsection (8) of 1963 Replacement Part
enacted as 1955 c.477 §2; subsection (10) of 1963 Replacement Part enacted as
1957 c.152 §8; repealed by 1965 c.570 §152]
     509.991 [1965 c.570 §59e; repealed by 1969 c.675 §21]
     509.992 [1969 c.675 §15; repealed by 1977 c.242 §10]
_______________
CHAPTER 510
[Reserved for expansion]
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