Oregon Chapter 506
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TITLE 42
COMMERCIAL
FISHING AND FISHERIES
Chapter 506. Application, Administration and Enforcement
of Commercial Fishing Laws
507. Compacts with Other States
508. Licenses and Permits
509. General Protective Regulations
511. Local and Special Regulations
513. Packing Fish and Manufacture of Fish
Products
_______________
Chapter 506 —
Application, Administration and Enforcement
of Commercial
Fishing Laws
2007 EDITION
ADMINISTRATION OF COMMERCIAL FISHING LAWS
COMMERCIAL FISHING AND FISHERIES
GENERAL PROVISIONS
506.001 Contents
of commercial fishing laws
506.006 General
definitions
506.011 Types
of marine life defined
506.016 “Salmon”
defined
506.025 “Unlawful
to buy” defined
506.028 “Conservation”
defined
506.031 Effect
of wildlife laws on commercial fishing laws
506.036 Jurisdiction
of commission; duty to protect and propagate fish
506.045 Fishing
rights of treaty Indians not affected
506.050 Federal
and state fish cultural operations and scientific investigations; commission to
propagate fish and to stock waters
506.109 Food
fish management policy
506.119 General
duties and powers of commission; rulemaking authority
506.124 Hatchery
practice rules; reports
506.129 Establishing
seasons, amounts and manner of taking food fish; rules
506.136 Commission
to study and classify food fish and fishing gear
506.142 Authority
of Fish Division
506.154 Duties
of director
506.201 Powers
of commission in regard to real property
506.211 Acquisition
of fish, eggs and larvae for certain purposes; returning salmon to
506.213 Coho
and chinook salmon hatchery on
506.215 Maintaining
hatcheries in adjoining states
506.220 Erecting
markers of closed waters; interference with markers
506.226 Use
of electric shock to take adult salmonids for private hatchery permittees
prohibited
506.231 Public
report of fish hatchery activities
506.241 Commercial
fishing vessel fleet reduction program; rules
COMMERCIAL FISH MONEYS; RECEIPTS AND
EXPENDITURES
506.306 Collecting
moneys under commercial fishing laws; disposition of receipts and fines
506.316 Payment
of commission expenditures
506.321 Acceptance
and use of gifts of money and property to commission
FEDERAL AID AND PROJECTS
506.405 Powers
of commission regarding federal aid for fish and fisheries
DEVELOPMENTAL FISHERY
506.450 Definitions
for ORS 506.450 to 506.465; rules
506.455 Policy
506.460 Developmental
fishery species harvest programs; biological surveys; permits; fees
506.462 Review
of denial of applications; removal of fishery from developmental fisheries
list; fees; rules
506.465 Developmental
Fisheries Board; members; qualifications; expenses
COMMERCIAL FISHING LAW ENFORCEMENT
(General Provisions)
506.501 Jurisdiction
and authority to enforce commercial fishing laws
506.506 Intent
of ORS 506.511 and 506.516
506.511 State
police to enforce commercial fishing laws; appointment of federal agents
506.516 Employment
of deputy fish wardens by commission
506.518 Appointment
of special deputy fish wardens
506.521 Enforcement
of commercial fishing laws; officers subject to commission or director
506.526 Peace
officer powers of director, inspectors and deputies; reporting arrests
506.531 Arrests,
searches and seizures made on Sunday
506.535 Jurisdiction
of courts over commercial fishing law violations; commencement of prosecutions
506.540 Payment
of rewards
506.550 Search
by peace officers to enforce commercial fishing laws
506.555 Issuance
of search warrants
506.560 Nonliability
of peace officers enforcing commercial fishing laws
506.605 Naming
place of offense in complaint, information or indictment
506.610 When
possession prima facie evidence of taking fish unlawfully
506.620 Inspections
by director or agent
506.625 Compelling
testimony in commercial fishing law enforcement proceedings
506.630 Disposition
of fines
506.635 Execution
for payment of fines and costs
(Seizure and Disposition of Unlawful Equipment
and Fish Unlawfully Taken)
506.690 Seizure,
forfeiture and disposition of fish unlawfully taken
506.695 Seizure,
forfeiture and disposition of fishing gear and vehicles used unlawfully;
removal of unlawful piling
506.700 Return
of seized property; undertaking; effect of judgment ordering forfeiture or
confiscation
(Damages for Unlawful Taking)
506.720 Suit
for damages; amount; rules; application for or obtaining license when money due
prohibited
FISHERIES CONSERVATION ZONE
506.750 Policy
for ORS 506.755
506.755 Fisheries
Conservation Zone; rules; jurisdiction over zone; penalty; construction
FISH MARKETING
506.800 Names
for marketing certain fish and shellfish
MISCELLANEOUS
506.895 Person
aiding in commercial fishing law violation punishable as principal
PENALTIES
506.991 Criminal
penalties
506.995 Civil
penalties
GENERAL PROVISIONS
506.001
Contents of commercial fishing laws. All laws enacted for the protection, propagation and preservation of
food fish or for the protection and development of commercial fisheries in this
state, including but not limited to ORS chapters 506, 507, 508, 509, 511 and
513, may be cited as the commercial fishing laws. [1965 c.570 §2]
506.005 [Repealed by 1965 c.570 §152]
506.006
General definitions. As used
in the commercial fishing laws, unless the context requires otherwise:
(1) “Angling” means fishing for personal
use with one line attached to a pole held in hand while landing the fish, or
with a hand-operated line without rod or reel, to which may be attached not to
exceed three hooks, except on floating bass plugs.
(2) “Boat” means any vessel, any floating
craft, powered, towed, rowed or otherwise propelled which is used for landing
or taking food fish.
(3) “Buy” includes offer to buy, barter,
exchange or trade.
(4) “Commercial purposes” means taking
food fish with any gear unlawful for angling, or taking or possessing food fish
in excess of the limits permitted for personal use, or taking, fishing for,
handling, processing, or otherwise disposing of or dealing in food fish with
the intent of disposing of such food fish or parts thereof for profit, or by
sale, barter or trade, in commercial channels.
(5) “Commission” means the State Fish and
Wildlife Commission created by ORS 496.090.
(6) “Department” means the State
Department of Fish and Wildlife.
(7) “Director” means the State Fish and
Wildlife Director appointed pursuant to ORS 496.112.
(8) “Fishing gear” means any appliance or
device intended for or capable of being used to take food fish except by
angling.
(9) “Fixed fishing gear” includes but is
not limited to stationary gear operated at a fixed location.
(10) “Personal use” means taking or
fishing for food fish by angling or by such other means and with such gear as
the commission may authorize for fishing for personal use, or possessing the
same for the use of the person fishing for, taking or possessing the same and
not for sale or barter.
(11) “Sell” includes offer or possess for
sale, barter, exchange or trade.
(12) “Take” means fish for, hunt, pursue,
catch, capture or kill or attempt to fish for, hunt, pursue, catch, capture or
kill.
(13) “Transport” means transport by any
means, and includes offer or receive for transportation.
(14) “Waters of this state” means all
waters over which the State of Oregon has jurisdiction, or joint or other
jurisdiction with any other state or government, including waters of the
Pacific Ocean and all bays, inlets, lakes, rivers and streams within or forming
the boundaries of this state. [1965 c.570 §3; 1975 c.253 §13; 1995 c.602 §1;
2003 c.14 §337]
506.010 [Repealed by 1965 c.570 §152]
506.011
Types of marine life defined.
As used in the commercial fishing laws, unless the context requires otherwise:
(1) “Anadromous fish” includes but is not
limited to salmon, as defined in ORS 506.016; roccus saxatilis, commonly known
as striped bass; alosa sapidissima, commonly known as shad; acipenser
medirostris and acipenser transmontanus, commonly known as sturgeon; and
thaleichthys pacificus, commonly known as smelt.
(2) “Animals living intertidally on the
bottom” includes but is not limited to starfish, sea urchins, sea cucumbers,
snails, bivalves, worms, coelenterates and shore, hermit and other small crabs
not included within subsection (1) or (7) of this section.
(3) “Black rockfish” means sebastes
melanops, commonly known as black rockfish.
(4) “Blue rockfish” means sebastes
mystinus, commonly known as blue rockfish.
(5) “Food fish” means any animal over
which the State Fish and Wildlife Commission has jurisdiction pursuant to ORS
506.036.
(6) “Nearshore fish” means:
(a) Enophrys bison, commonly known as
buffalo sculpin;
(b) Hemilepidotus hemilepidotus, commonly
known as red Irish lord;
(c) Hemilepidotus spinosus, commonly known
as brown Irish lord;
(d) Scorpaenichthys marmoratus, commonly
known as cabezon;
(e) Hexagrammos decagrammus, commonly known
as kelp greenling;
(f) Hexagrammos lagocephalus, commonly
known as rock greenling;
(g) Hexagrammos stelleri, commonly known
as whitespotted greenling;
(h) Oxylebius pictus, commonly known as
painted greenling;
(i) Sebastes atrovirens, commonly known as
kelp rockfish;
(j) Sebastes auriculatus, commonly known
as brown rockfish;
(k) Sebastes carnatus, commonly known as
gopher rockfish;
(L) Sebastes caurinus, commonly known as
copper rockfish;
(m) Sebastes chrysomelas, commonly known
as black and yellow rockfish;
(n) Sebastes dalli, commonly known as
calico rockfish;
(o) Sebastes maliger, commonly known as
quillback rockfish;
(p) Sebastes miniatus, commonly known as
vermilion rockfish;
(q) Sebastes nebulosus, commonly known as
china rockfish;
(r) Sebastes nigrocinctus, commonly known
as tiger rockfish;
(s) Sebastes rastrelliger, commonly known
as grass rockfish;
(t) Sebastes serranoides, commonly known
as olive rockfish; or
(u) Sebastes serriceps, commonly known as
treefish.
(7) “Shellfish” includes but is not
limited to abalone, clams, crabs, crayfish or crawfish, mussels, oysters,
piddocks, scallops and shrimp. [1965 c.570 §4; 2003 c.809 §11]
506.015 [Repealed by 1965 c.570 §152]
506.016
“Salmon” defined. As used in
the commercial fishing laws, “salmon” means all anadromous species of salmon,
including but not limited to:
(1) Oncorhynchus gorbuscha, commonly known
as humpback, humpies or pink salmon.
(2) Oncorhynchus keta, commonly known as
chum or dog salmon.
(3) Oncorhynchus kisutch, commonly known
as coho or silver salmon.
(4) Oncorhynchus nerka, commonly known as
sockeye, red or blueback salmon.
(5) Oncorhynchus tshawytscha, commonly
known as chinook salmon. [1965 c.570 §5; 1969 c.411 §1]
506.020 [Repealed by 1965 c.570 §152]
506.025
“Unlawful to buy” defined.
Whenever the commercial fishing laws state that it is unlawful to buy any food
fish, illegally taken, this prohibition means that it is unlawful to buy,
knowing or having reasonable cause to believe that the fish have been illegally
taken or transported within this state, or unlawfully imported or otherwise
unlawfully brought into this state. [Amended by 1965 c.570 §6]
506.028
“Conservation” defined. As
used in the commercial fishing laws, unless the context requires otherwise, “conservation”
means providing for the utilization and management of the food fish of
506.030 [Repealed by 1965 c.570 §152]
506.031
Effect of wildlife laws on commercial fishing laws. (1) Nothing in the wildlife laws of this
state affects the lawful operation of any fishing gear or the lawful taking of
any food fish under the commercial fishing laws.
(2) The commercial fishing laws apply to
food fish except as otherwise provided in ORS 506.045 and 506.050, and shall be
enforced regardless of any conflicting provisions in the wildlife laws of this
state. No act lawfully done under the commercial fishing laws is unlawful in
the event that such act conflicts with any provision of the wildlife laws of
this state. [1965 c.570 §7; 1975 c.545 §10; 1977 c.242 §2]
506.035 [Repealed by 1965 c.570 §152]
506.036
Jurisdiction of commission; duty to protect and propagate fish. (1) Except as otherwise provided in
subsection (4) of this section and in ORS 506.045 and 506.050, the State Fish
and Wildlife Commission has exclusive jurisdiction over all fish, shellfish,
and all other animals living intertidally on the bottom, within the waters of
this state. The commission has joint or other jurisdiction with any other state
or government over all such fishes within the waters of the
(2) The commission has jurisdiction over
those species of fish, shellfish and all other animals living intertidally on
the bottom referred to in subsection (1) of this section transported into or
landed in this state which have been taken in waters outside this state.
(3) The duty of protection, preservation,
propagation, cultivation, development and promotion of all fishes under its
jurisdiction is delegated to and imposed upon the commission.
(4) The commission has no regulatory
authority or jurisdiction over the commercial cultivation of oysters in the
waters of this state. However, nothing in this subsection is intended to affect
the authority of the commission under ORS 509.140. [1965 c.570 §8; 1975 c.253 §20;
1981 c.638 §13; 1983 c.364 §3]
506.040 [1965 c.570 §9; 1969 c.411 §2; 1973 c.723 §120;
repealed by 1975 c.253 §40]
506.045
Fishing rights of treaty Indians not affected. There are excluded from the operation of ORS
506.129, 506.136, 507.030, 508.025, 508.285, 509.025 (1) and 509.216, any Warm
Springs, Umatilla, Yakima, Wasco, Tenino, Wyum and other Columbia River Indians
affiliated with these tribes and entitled to enjoy fishing rights, who have not
severed their tribal relations, in so far as it would conflict with any rights
or privileges granted to such Indians under the terms of the treaties made by
the United States with the Warm Springs Indians on June 25, 1855, and with the
Umatilla and Yakima Indians on June 9, 1855. [Formerly 506.195; 1975 c.545 §11;
1977 c.242 §3]
506.050
Federal and state fish cultural operations and scientific investigations;
commission to propagate fish and to stock waters. (1) The United States Fish and Wildlife
Service, the State Fish and Wildlife Commission and their duly authorized
agents may conduct fish cultural operations and scientific investigations in
the waters of this state in such manner and at such times as may be considered
necessary and proper by the service, the commission or their agents.
(2) The commission shall propagate and
stock the waters of this state with such fish as it considers proper. [1965
c.570 §11]
506.105 [Amended by 1973 c.271 §2; repealed by 1975
c.253 §40]
506.109
Food fish management policy.
It is the policy of the State of
(1) To maintain all species of food fish
at optimum levels in all suitable waters of the state and prevent the
extinction of any indigenous species.
(2) To develop and manage the lands and
waters of this state in a manner that will optimize the production, utilization
and public enjoyment of food fish.
(3) To permit an optimum and equitable
utilization of available food fish.
(4) To develop and maintain access to the
lands and waters of the state and the food fish resources thereon.
(5) To regulate food fish populations and
the utilization and public enjoyment of food fish in a manner that is
compatible with other uses of the lands and waters of the state and provides
optimum commercial and public recreational benefits.
(6) To preserve the economic contribution
of the sports and commercial fishing industries in a manner consistent with
sound food fish management practices.
(7) To develop and implement a program for
optimizing the return of
506.110 [Repealed by 1965 c.570 §152]
506.111 [1965 c.570 §12; 1967 c.402 §5; 1969 c.314 §60;
repealed by 1975 c.253 §40]
506.115 [Repealed by 1965 c.570 §152]
506.116 [1965 c.570 §13; repealed by 1975 c.253 §40]
506.119
General duties and powers of commission; rulemaking authority. (1) The State Fish and Wildlife Commission
has the authority to formulate and implement the policies and programs of this
state for the management of food fish, and may perform all acts necessary to
administer and carry out the provisions of the commercial fishing laws.
(2) In accordance with any applicable
provision of ORS chapter 183, the commission may promulgate rules to carry out
the provisions of the commercial fishing laws. [1975 c.253 §17]
506.120 [Repealed by 1965 c.570 §152]
506.121 [1965 c.570 §14a; repealed by 1975 c.253 §40]
506.124
Hatchery practice rules; reports. The State Fish and Wildlife Commission shall adopt rules governing
public and private salmon hatchery practices by July 1, 1984. The commission
shall also submit quarterly reports to the Emergency Board on matters related
to the adoption of rules and the impact of hatchery practices on the salmon
resource. [1983 c.797 §8]
506.125 [Repealed by 1965 c.570 §152]
506.126 [1965 c.570 §15; repealed by 1975 c.253 §40]
506.129
Establishing seasons, amounts and manner of taking food fish; rules. (1) After investigation of the supply and
condition of food fish, the State Fish and Wildlife Commission, at appropriate
times each year, shall by rule:
(a) Prescribe the times, places and manner
in which food fish may be taken or sold, except when canned or otherwise
processed, and the amount of those food fish species that may be taken or sold.
(b) Prescribe such other restrictions or
procedures regarding the taking, selling or possessing of food fish as the
commission determines will carry out the provisions of the commercial fishing
laws.
(2) In carrying out the provisions of subsection
(1) of this section, the power of the commission includes, but is not limited
to:
(a) Prescribing the amount of each food
fish species that may be taken and possessed in terms of sex, size and other
physical characteristics.
(b) Prescribing such regular and special
time periods and areas closed to the taking and selling of any food fish
species when the commission determines such action is necessary to protect the
supply of such food fish.
(c) Prescribing regular and special time
periods and areas open to the taking and selling of any food fish species, and
prescribing means by which the taking of food fish is permitted. [1975 c.253 §16]
506.130 [Repealed by 1965 c.570 §152]
506.131 [1965 c.570 §14; repealed by 1975 c.253 §40]
506.135 [Repealed by 1965 c.570 §152]
506.136
Commission to study and classify food fish and fishing gear. The State Fish and Wildlife Commission
shall:
(1) Investigate the habits, supply and
economic uses of, and classify all food fish.
(2) Classify all fishing gear and such
classification shall be final. [1965 c.570 §21]
506.140 [Repealed by 1965 c.570 §152]
506.141 [1965 c.570 §22; repealed by 1975 c.253 §40]
506.142
Authority of Fish Division.
The Fish Division established pursuant to ORS 496.124 shall be responsible for
the management of all fish and other marine life over which the State Fish and
Wildlife Commission has regulatory jurisdiction. [1975 c.253 §18]
506.145 [Repealed by 1965 c.570 §152]
506.146 [1965 c.570 §23; repealed by 1975 c.253 §40]
506.150 [Repealed by 1965 c.570 §152]
506.151 [1965 c.570 §24; 1971 c.187 §1; repealed by
1975 c.253 §40]
506.153 [1963 c.259 §1; repealed by 1965 c.570 §152]
506.154
Duties of director. The
State Fish and Wildlife Director shall:
(1) Be responsible to the State Fish and
Wildlife Commission for the administration and enforcement of the commercial
fishing laws.
(2) Be responsible for the collection,
application and dissemination of information pertinent to the management of
food fish resources and to the regulation of the uses of such resources. [1975
c.253 §19]
506.155 [Amended by 1961 c.275 §1; repealed by 1965
c.570 §152]
506.156 [1965 c.570 §25; repealed by 1971 c.187 §3]
506.160 [Repealed by 1965 c.570 §152]
506.161 [1965 c.570 §26; repealed by 1971 c.187 §3]
506.165 [Repealed by 1965 c.570 §152]
506.170 [Repealed by 1965 c.570 §152]
506.173 [1961 c.463 §1; repealed by 1965 c.570 §152]
506.175 [Repealed by 1965 c.570 §152]
506.180 [Repealed by 1965 c.570 §152]
506.185 [Repealed by 1965 c.570 §152]
506.190 [Repealed by 1965 c.570 §152]
506.192 [1957 c.461 §1; 1959 c.60 §1; repealed by
1965 c.570 §152]
506.195 [Amended by 1965 c.570 §10; renumbered
506.045]
506.200 [Repealed by 1965 c.570 §152]
506.201
Powers of commission in regard to real property. The State Fish and Wildlife Commission may:
(1) Acquire by purchase, lease, gift,
agreement or donation, real property, or any right or interest therein,
including any easement or right of access, necessary:
(a) To construct or maintain fish
hatcheries, fishways or research facilities;
(b) To remove logjams; or
(c) Otherwise to carry out the duties
imposed on the commission by law.
(2) Acquire by exercise of the power of
eminent domain any easement or right of access necessary to construct or
maintain fishways or remove logjams. Proceedings instituted by the commission
under this subsection shall be conducted in accordance with ORS chapter 35.
(3) Lease, dispose of or grant easements
upon any property owned by the state and used for the protection, propagation
or preservation of food fish, which is found to be of no further use or value
to the state. The commission shall turn over the proceeds arising from such
disposition to the State Treasurer to be credited to the General Fund. [1965
c.570 §16; 1971 c.741 §34]
506.205 [Repealed by 1965 c.570 §152]
506.210 [Repealed by 1965 c.570 §152]
506.211
Acquisition of fish, eggs and larvae for certain purposes; returning salmon to
(2) The commission or any other person
authorized by it who takes salmon eggs from the waters of the Rogue River for
the purpose of supplying the various hatcheries of this state, shall return at
least 40 percent of the fish hatched from the eggs to the Rogue River. [1965
c.570 §28]
506.213
Coho and chinook salmon hatchery on
(2) The hatchery constructed pursuant to
subsection (1) of this section shall be maintained and operated by the
commission. [1967 c.360 §§1,4]
506.215
Maintaining hatcheries in adjoining states. The State Fish and Wildlife Commission may construct, maintain or
operate hatcheries in an adjoining state, but no hatchery shall be constructed
or operated on any stream in an adjoining state that is not a tributary of the
Columbia River, or whose waters do not flow into the Columbia River.
506.220
Erecting markers of closed waters; interference with markers. Whenever deadlines are established on any of
the waters of this state, either by legislative enactment or by order of the
State Fish and Wildlife Commission, the commission shall, within a reasonable
time, erect suitable monuments or markers in the water or on the banks of the
water designating the closed portion of the water. It is unlawful to remove,
destroy, alter or mutilate any of these monuments or markers. [Amended by 1965
c.570 §27]
506.225 [Repealed by 1965 c.570 §152]
506.226
Use of electric shock to take adult salmonids for private hatchery permittees
prohibited. Notwithstanding
any other provision of law the State Department of Fish and Wildlife shall not
use in any body of water any electric current or electric shock device for the
purpose of capturing any adult salmonids for a person granted a permit pursuant
to ORS 508.700 to 508.745. [1981 c.646 §2]
506.230 [Repealed by 1965 c.570 §152]
506.231
Public report of fish hatchery activities. The State Department of Fish and Wildlife shall prepare and make
available to the public upon request monthly reports of fish hatchery
operations. Information in the report shall include, but is not limited to:
(1) The location of each state facility at
which salmon eggs were taken and the number of eggs taken.
(2) The number and destination of salmon
eggs transferred from one state facility to another.
(3) The number of salmon eggs to be reared
at each state facility.
(4) The number of salmon eggs sold from
each state facility to any person granted a permit pursuant to ORS 508.700 to
508.745.
(5) The number of salmon eggs from state
facilities allocated for volunteer salmonid improvement program activities.
(6) The location and circumstances of each
mortality incident involving 10,000 or more salmon eggs at a state facility. [1981
c.646 §3]
506.235 [1957 c.141 §1; renumbered 506.321]
506.236 [1981 c.646 §4; repealed by 1987 c.323 §6]
506.241 Commercial fishing vessel fleet reduction program; rules.