US Laws, Codes, Statutes & Cases

Chapter 508 — Licenses and Permits

 

2007 EDITION

 

LICENSES AND PERMITS

 

COMMERCIAL FISHING AND FISHERIES

 

GENERAL PROVISIONS

 

508.006     Definitions

 

508.011     Activities relating to oysters exempted

 

WHEN LICENSE REQUIRED

 

508.025     License required to take, process or deal in fish

 

508.030     License required for fishing gear

 

508.035     Separate licenses required for certain fishing gear and activities

 

508.040     Unlawful to knowingly buy or receive fish from unlicensed person

 

508.045     Exemption of retail fish dealers

 

PERMITS AND SPECIAL LICENSES

 

508.106     Permit to take carp or other nongame fish; fee

 

508.111     Permit to take food fish for educational and scientific purposes

 

508.116     Permit to take animals living intertidally on bottom

 

508.121     Juvenile jig line license

 

LICENSES AND REGULATION OF LICENSEES

 

508.235     Commercial fishing license

 

508.240     Acts by commercial fishing licensee prohibited

 

508.260     Boat license; plates; decals; rules

 

508.265     Boat licensing constitutes registration for purposes of federal laws

 

508.270     Fishing, boat license fees in lieu of other taxes and licenses on crab pots; reports to county assessor

 

508.285     License fees

 

Note          Surcharge through 2009--1989 c.512 §6

 

508.300     Albacore tuna landing license in lieu of other licenses

 

508.306     Fish bait dealer license; authority of commission to designate fish or shellfish bait

 

508.312     Commercial bait fishing license; license in lieu of commercial fishing and boat licenses

 

508.316     Disqualification from receiving more than one single delivery license

 

508.326     Commercial Fisheries Fund; uses

 

ISSUANCE, APPLICATION, CONTENTS, WHERE VALID, TRANSFERRING, TERM, LOCATION ABANDONMENT

 

508.406     Director or agent to issue and renew licenses

 

508.410     Contents of license applications

 

508.415     Security for fees

 

508.445     Certificate evidence as to license issuance

 

508.450     Contents of license

 

508.460     Oregon-Washington reciprocity on gillnet licenses

 

508.465     Licenses nontransferable

 

508.470     When licenses expire; renewal

 

508.475     Failure to renew license for fixed fishing gear constitutes abandonment; exception for Armed Forces

 

508.480     Failure to construct or install fishing gear held to be abandonment

 

508.485     Revocation and refusal to renew license for violation of commercial fishing laws or rules or theft of crab fishing gear

 

508.490     Refusal to issue license within two years after license revocation

 

508.495     Certificate in lieu of lost or destroyed license; fee

 

508.500     Alteration, false application and multiple possession of licenses prohibited

 

CATCH FEES

 

508.505     Additional fees based on value of fish at time of landing; exceptions

 

Note          Additional fee through 2009--1989 c.512 §8

 

508.510     Place where fish caught is immaterial; exceptions; special fee

 

508.515     Time of paying fees; report; interest on overdue fees; waiver or extension of payment

 

508.520     Determination of disputes

 

508.525     Lien for unpaid fee; foreclosure; jurisdiction of courts

 

508.530     Rules; reports; violation or falsification

 

508.535     Keeping record of food fish received and bought; inspection

 

508.540     Failure to keep or submit records or to pay fee

 

508.550     Sale of fish from license holder’s boat; permit; fee; reports; payment of fees

 

SALMON HATCHERY PERMITS

 

508.700     Permits for salmon hatcheries; fees

 

508.705     Hearing for permits

 

508.710     Grounds for denial of permit

 

508.715     Conditions of permits

 

508.718     Program for protecting natural runs and genetic diversity of anadromous fish stocks; rules; findings

 

508.720     Altering terms of permits; findings; hearing; restoration of fish population

 

508.725     Released fish as state property; consideration by commission of adverse economic impact on hatcheries

 

508.730     Disposal of salmon products

 

508.735     Application of chapter to taking and sale of salmon

 

508.737     Policy for marketing of salmon products

 

508.740     Authority under ORS 508.700 to 508.745

 

508.745     Disposition of moneys received under ORS 508.700 to 508.745

 

COMMERCIAL FISHERY PERMIT BOARD

 

508.755     Membership; duties; meetings; expenses

 

RESTRICTED PARTICIPATION SYSTEMS

 

508.760     Sea urchin limited participation; terms; conditions; fees; rules

 

508.762     Review of denial of sea urchin permit renewal or transfer; fee; rules

 

508.765     Roe-herring limited participation; terms; conditions; fees; rules

 

RESTRICTED VESSEL PERMIT SYSTEMS

 

(Columbia River Gillnet Fishery)

 

508.775     Vessel permit required to engage in fishery; purchase of fish by dealer from individual without permit prohibited

 

508.778     Limitation on issuance of permits

 

508.781     Renewal of permit; rules

 

508.784     Considerations in determining eligibility for permit

 

508.787     Permit revocation procedure

 

508.790     Fee; application form

 

508.792     Lottery system for permit issuance

 

508.793     Permit transfer restrictions

 

508.796     Review of permit denial; fee; rules; limitation on transfer of certain permits

 

(Ocean Troll Salmon Fishery)

 

508.801     Vessel permit required to engage in fishery; purchase of fish by dealer from individual without permit prohibited

 

508.804     Restriction on issuance of permits

 

508.807     Renewal of permit; replacement vessel; rules

 

508.808     Special renewal and fee provisions

 

508.810     Considerations in determining eligibility for permit

 

508.813     Permit revocation procedure

 

508.816     Fee; application form; rules

 

508.819     Lottery system for permit issuance

 

508.822     Permit transfer restrictions; rules

 

508.825     Review of permit denial; rules; fee

 

508.828     Single delivery license in lieu of vessel permit

 

(Ocean Scallop Fishery)

 

508.840     Vessel permit required to engage in fishery; purchase of scallops by dealer from individual without permit prohibited

 

508.843     Use of single delivery license in lieu of permit; reciprocity of law

 

508.846     Issuance of permits restricted

 

508.849     Renewal of permit

 

508.852     Considerations in determining eligibility for permit

 

508.855     Permit revocation procedure

 

508.858     Fee

 

508.861     Lottery system for permit issuance; rules

 

508.864     Permit transfer restrictions

 

508.867     Review of permit denial; fee; rules

 

(Ocean Pink Shrimp Fishery)

 

508.880     Vessel permit required to engage in fishery; purchase of shrimp by dealers from individual without permit prohibited

 

508.883     Use of single delivery license in lieu of vessel permit; reciprocity of law

 

508.886     Limitation on number of permits; eligibility

 

508.889     Issuance of permits limited

 

508.892     Renewal of permit; rules

 

508.895     Considerations in determining eligibility for permit

 

508.898     Permit revocation procedure

 

508.901     Fee; application form; rules

 

508.904     Lottery system for permit issuance

 

508.907     Permit transfer restrictions

 

508.908     Limits on authority of Commercial Fishery Permit Board to prohibit transfer of valid pink shrimp vessel permits

 

508.910     Review of permit denial; fee; rules; limitation on transfer of certain permits

 

508.913     Issuance of permits for vessels engaged in groundfish fishery; permit transfer restriction

 

508.915     Negotiations to establish reciprocal agreements pertaining to pink shrimp

 

(Ocean Dungeness Crab Fishery)

 

508.921     Findings; rules

 

508.926     Vessel permit required to engage in fishery; purchase of crab by dealer from individual without permit prohibited

 

508.931     Eligibility for permit

 

508.936     Permit transfer restrictions; rules

 

508.941     Review of eligibility determinations; reciprocity with other states; fee

 

(Black and Blue Rockfish and Nearshore Fishery)

 

508.945     Vessel permit required; rules; purchase of black or blue rockfish or nearshore fish from individual without permit prohibited; exemptions

 

508.947     Eligibility for permit; renewal; rules

 

508.949     Fees; application form; rules

 

508.951     Black Rockfish, Blue Rockfish and Nearshore Species Research Account; sources; uses

 

508.953     Log book required; collection and report of data

 

508.955     Lottery system for permit issuance; rules

 

508.957     Permit transfer restrictions

 

508.960     Review of permit denial; fee; rules

 

      508.005 [Repealed by 1965 c.570 §152]

 

GENERAL PROVISIONS

 

      508.006 Definitions. The definitions prescribed by ORS 506.001 to 506.025 apply to this chapter. [1965 c.570 §58]

 

      508.010 [Repealed by 1965 c.570 §152]

 

      508.011 Activities relating to oysters exempted. This chapter does not apply to oysters or to any activity of any person relating to oysters. [1965 c.570 §59b]

 

      508.015 [Amended by 1963 c.246 §3; repealed by 1965 c.570 §152]

 

      508.020 [Amended by 1953 c.656 §6; 1961 c.374 §1; repealed by 1963 c.246 §4 (508.021 enacted in lieu of 508.020)]

 

      508.021 [1963 c.246 §5 (enacted in lieu of 508.020); repealed by 1965 c.570 §152]

 

WHEN LICENSE REQUIRED

 

      508.025 License required to take, process or deal in fish. (1) It is unlawful for any person, without first procuring a license from the State Fish and Wildlife Commission, to:

      (a) Take food fish in any of the waters of this state for commercial purposes or land food fish in this state for commercial purposes.

      (b) Buy, sell or otherwise deal in food fish for commercial purposes.

      (c) Process or can food fish for commercial purposes.

      (2) In a prosecution under this section, it is no defense that a person did take the person’s own food fish for commercial purposes. [1965 c.570 §60]

 

      508.030 License required for fishing gear. It is unlawful for any individual to operate, or leave in a condition to take food fish in any of the waters of this state, any fishing gear used in taking food fish, without first obtaining from the State Fish and Wildlife Director or the authorized agent of the director such license as may be prescribed by this chapter. The license must be in the possession of such individual at the time the fishing gear is being used. [1965 c.570 §61]

 

      508.035 Separate licenses required for certain fishing gear and activities. (1) Separate licenses are required for each:

      (a) Person other than an employee operating as a canner of food fish.

      (b) Person other than an employee operating as a wholesale fish dealer, for each separate place of business.

      (c) Individual acting or engaged as a fish buyer by a person licensed under paragraph (a) or (b) of this subsection.

      (d) Person licensed under paragraph (a) or (b) of this subsection, for each permanent site or location operated by such person as a fish-buying station.

      (e) Individual taking or assisting in the taking of food fish for commercial purposes as described in ORS 508.235.

      (f) Boat, used in taking food fish for commercial purposes, as described in ORS 508.260.

      (g) Single delivery of food fish from the Pacific Ocean for commercial purposes in the absence of licenses under paragraphs (e) and (f) of this subsection.

      (h) Person other than an employee operating as a fish bait dealer, for each separate place of business.

      (i) Individual taking or assisting in the taking of food fish for sale to a fish bait dealer.

      (2) The State Fish and Wildlife Commission shall classify and define the various licenses provided for in this section and shall direct the State Fish and Wildlife Director to issue licenses accordingly and the classification shall be final. [1965 c.570 §62; 1969 c.172 §1; 1971 c.540 §4; 1973 c.768 §19]

 

      508.040 Unlawful to knowingly buy or receive fish from unlicensed person. It is unlawful for a wholesaler, canner or buyer to buy or receive food fish from a person who the wholesaler, canner or buyer does not have reasonable cause to believe is licensed as required under ORS 508.035, unless such person is exempt from the requirements of ORS 508.035. [1965 c.570 §62a]

 

      508.045 Exemption of retail fish dealers. Notwithstanding ORS 508.025 and 508.035, no license is required to handle or deal in food fish and shellfish for human consumption as a retail fish dealer. [1965 c.570 §63; 1969 c.172 §2; 1971 c.540 §5]

 

      508.105 [Amended by 1955 c.176 §1; 1963 c.246 §6; repealed by 1965 c.570 §152]

 

PERMITS AND SPECIAL LICENSES

 

      508.106 Permit to take carp or other nongame fish; fee. (1) Upon receiving a written application therefor, accompanied by a fee of $3, the State Fish and Wildlife Commission may issue to any person a permit to take carp or other nongame fish.

      (2) The kind or kinds of fish, the method to be used and the name and location of the body of water from which the fish are to be taken, shall be specified in the permit.

      (3) After having obtained a permit as provided for in subsection (1) of this section, and subject to any rules of the commission, any person may take carp or nongame fish from any of the waters of this state described in the permit.

      (4) It is unlawful to:

      (a) Retain any fish other than described in the permit in connection with the use of any permit issued under subsection (1) of this section, and any other fish taken shall at once be set free; or

      (b) Take any fish for commercial purposes by a permit issued under subsection (1) of this section without first having obtained a license under ORS 508.035. [1965 c.570 §64; 1973 c.768 §12; 1975 c.253 §30]

 

      508.110 [Amended by 1963 c.246 §7; repealed by 1965 c.570 §152]

 

      508.111 Permit to take food fish for educational and scientific purposes. The State Fish and Wildlife Director may issue to any person a permit to take food fish solely for educational and scientific purposes. [1965 c.570 §64a]

 

      508.115 [Repealed by 1961 c.156 §1]

 

      508.116 Permit to take animals living intertidally on bottom. (1) The State Fish and Wildlife Director may issue to any person a permit to take animals living intertidally on the bottom.

      (2) It is unlawful to take animals living intertidally on the bottom for commercial purposes by a permit issued under subsection (1) of this section without first having obtained a license under ORS 508.035. [1965 c.570 §64b]

 

      508.120 [Amended by 1963 c.246 §8; repealed by 1965 c.570 §152]

 

      508.121 Juvenile jig line license. (1) Any juvenile may secure from the State Fish and Wildlife Commission free of charge a juvenile jig line license to take herring, pilchard, perch, anchovies and candlefish by a hand or jig line and to sell such fish so taken by the juvenile to a wholesale fish dealer or a fish bait dealer.

      (2) As used in this section, “juvenile” means any individual 17 years of age or younger as of January 1 of the year for which the license is issued.

      (3) The license, for the purposes authorized in this section, is in lieu of the commercial fisherman and boat licenses required under ORS 508.235 and 508.260. [1965 c.103 §2; 1971 c.540 §8]

 

      508.125 [Amended by 1963 c.246 §9; repealed by 1965 c.570 §152]

 

      508.130 [Amended by 1959 c.128 §1; repealed by 1963 c.246 §12]

 

      508.135 [Amended by 1963 c.246 §10; repealed by 1965 c.570 §152]

 

      508.140 [Repealed by 1963 c.246 §12]

 

      508.145 [Repealed by 1963 c.246 §12]

 

      508.147 [1955 c.238 §2; repealed by 1963 c.246 §12]

 

      508.150 [Repealed by 1963 c.246 §12]

 

      508.152 [1955 c.238 §3; repealed by 1963 c.246 §12]

 

      508.155 [Amended by 1953 c.656 §6; repealed by 1963 c.246 §12]

 

      508.160 [Amended by 1955 c.167 §1; repealed by 1963 c.246 §12]

 

      508.165 [Repealed by 1963 c.246 §12]

 

      508.170 [Repealed by 1963 c.246 §12]

 

      508.175 [Repealed by 1963 c.224 §7]

 

      508.180 [Amended by 1953 c.656 §6; 1959 c.401 §1; 1961 c.374 §2; 1963 c.224 §1; repealed by 1965 c.570 §152]

 

      508.185 [Repealed by 1963 c.224 §7]

 

      508.190 [Amended by 1963 c.224 §2; repealed by 1965 c.570 §152]

 

      508.195 [Amended by 1953 c.656 §6; repealed by 1961 c.374 §4]

 

      508.200 [Amended by 1963 c.224 §3; repealed by 1965 c.570 §152]

 

      508.205 [Repealed by 1963 c.224 §7]

 

      508.210 [Repealed by 1963 c.224 §7]

 

      508.215 [Amended by 1963 c.224 §4; repealed by 1965 c.570 §152]

 

      508.220 [Amended by 1955 c.177 §1; repealed by 1963 c.224 §7]

 

      508.223 [1963 c.246 §2; repealed by 1965 c.570 §152]

 

      508.225 [Amended by 1955 c.279 §1; 1957 c.134 §1; repealed by 1965 c.570 §152]

 

      508.230 [Amended by 1963 c.224 §5; 1965 c.570 §83; renumbered 508.290]

 

LICENSES AND REGULATION OF LICENSEES

 

      508.235 Commercial fishing license. (1) A commercial fishing license must be obtained by each individual who, for commercial purposes:

      (a) Takes or assists in the taking of any food fish from the waters or land of this state;

      (b) Operates or assists in the operation of any boat or fishing gear for the taking of food fish in the waters of this state; or

      (c) Lands food fish from the waters of the Pacific Ocean at any point in this state.

      (2) A commercial fishing license must be in the possession of the licensee, when engaged in the taking or landing of commercial fish, and is required in addition to any other license under this chapter.

      (3) Notwithstanding any other provision of this section or ORS 508.035, upon application of the holder of a boat license, the State Fish and Wildlife Commission shall issue to the applicant in the name of the boat, one commercial fishing license for each individual who assists the holder of the boat license in the taking of fish for commercial purposes. Notwithstanding ORS 508.465, licenses issued pursuant to this subsection are transferable to all individuals who assist in the taking of fish for commercial purposes on the boat for which the licenses are issued. Notwithstanding ORS 508.285, the fee for the license issued pursuant to this subsection is $85 for each individual. [1965 c.570 §77; 1993 c.501 §1]

 

      508.240 Acts by commercial fishing licensee prohibited. It is unlawful for any person licensed to take food fish for commercial purposes, as required under ORS 508.035, to:

      (1) Keep any food fish the person takes under such license for personal use; or

      (2) Sell any food fish the person takes under such license to other than a wholesaler, canner, fish bait dealer or buyer licensed as required under ORS 508.035. [1965 c.570 §77a; 1971 c.540 §6]

 

      508.245 [1965 c.570 §78; repealed by 1973 c.768 §20]

 

      508.246 [1977 c.245 §2; repealed by 1979 c.679 §13]

 

      508.250 [1965 c.570 §79; repealed by 1973 c.768 §20]

 

      508.255 [1965 c.570 §80; repealed by 1973 c.768 §20]

 

      508.257 [1969 c.172 §7; repealed by 1973 c.768 §20]

 

      508.260 Boat license; plates; decals; rules. (1) A boat license must be obtained by the owner or operator of any boat used in taking food fish or shellfish for commercial purposes except for the taking of clams or crayfish.

      (2) A pair of decals bearing the last two numbers of the year for which the license is issued shall be included with the license for placement on the licensed boat.

      (3) In accordance with rules promulgated by it, the State Fish and Wildlife Commission shall assign a number to each licensed boat and shall designate the size, location and manner of placement of the number and license year decal on the boat. [1965 c.570 §81; 1973 c.768 §13; 1975 c.756 §1]

 

      508.265 Boat licensing constitutes registration for purposes of federal laws. The licensing of any boat pursuant to this chapter to take food fish for commercial purposes from the waters of this state or land food fish from the waters of the Pacific Ocean at any point in this state shall constitute registration of such vessel under the laws of this state for the purposes of section 306(a) of the Fishery Conservation and Management Act of 1976 (Act of April 13, 1976, 90 Stat. 331). [1977 c.202 §2]

 

      508.270 Fishing, boat license fees in lieu of other taxes and licenses on crab pots; reports to county assessor. (1) Either the commercial fishing license required by ORS 508.235 or the boat license required by ORS 508.260 is in lieu of all taxes and licenses on crab pots used by a per