Oregon Chapter 509
Chapter 509 — General Protective RegulationsDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 509 —
General Protective Regulations
2007 EDITION
GENERAL PROTECTIVE REGULATIONS
COMMERCIAL FISHING AND FISHERIES
GENERAL PROVISIONS
509.001 Definitions
TAKING, POSSESSING, BUYING, SELLING AND
TRANSPORTING FOOD FISH
509.006 General
prohibition regarding taking, possessing, buying, selling or handling food fish
509.011 Prohibited
activities during closed season
509.015 Forfeiture
of boat, vessel or fishing gear unlawfully used; seizure and disposition of
food fish unlawfully taken
509.019 Consumption
of catch at sea lawful without payment of fee
509.025 Selling
or transporting food fish taken by angling
509.031 Rainbow
trout as game fish; return to water of incidental commercial catch
509.040 Small
or immature salmon protected; exceptions; rules
509.070 Selling,
canning, processing or preserving food fish out of water longer than 60 hours
509.075 Packing
or selling food fish unfit for human consumption
509.105 Possession,
importation or transportation of food fish unlawfully taken in other state
509.110 Fish
transporters to require statement from shipper; examination by commission
WASTING, INJURING AND DESTROYING FISH
509.112 Wasting
food fish
509.115 Placing
in waters fish harmful to food fish
509.120 Using
electricity to disturb food fish
509.122 Definitions
for ORS 509.125 to 509.155
509.125 Placing
substances in water to drive fish from closed areas
509.130 Placing
substances in water or using explosives to take or destroy food fish
509.140 Placing
explosives or harmful substances in waters in course of lawful work; permit
509.150 Use
by commission of explosives or substances to destroy predatory fish
509.155 Possession
of fish taken by explosives or harmful substance justifies arrest; burden of
proof
FISHING GEAR
509.216 Fixed
fishing gear unlawful for taking food fish; exceptions; rules
509.230 Possession
of fish taken by lawful gear from Pacific Ocean outside
509.235 Chinese
sturgeon lines prohibited
509.240 Snagging
nets during closed season allowed
509.245 Notice
to director of use of snagging net
NET FISHING FOR SALMON IN
509.355 Definitions
for ORS 509.355 to 509.385
509.360 When
ORS 509.355 to 509.385 operative; proof
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
509.385 Exceptions
CRABS AND OTHER SHELLFISH
(Crabs)
509.415 Gear
used in taking crab; selling crabs unlawfully taken
(Shellfish)
509.505 Placing
in water matter injurious to shellfish
509.510 Taking
shellfish from marked beds without permission; disturbing beds
(Krill)
509.515 Landing
or possession of krill prohibited
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
509.585 Fish
passage required for artificial obstructions; statewide inventory; waiver of
requirement by commission; rules; exemptions
509.590 Fish
Passage Task Force; reports to legislature
509.595 Director
to report on fish passage rules, adequacy and implementation
509.600 Destroying,
injuring or taking fish near fishway; permits to take fish
509.610 Maintenance
of fish passage required
509.620 Condemning
inadequate or nonfunctioning fish passage; requiring new fish passage
509.625 Power
of department to inspect artificial obstructions and have fish passage
constructed or remove obstruction
509.630 Power
of department to establish fish passage in natural stream obstructions
509.635
509.645 Filing
protest with commission; review and determination by commission; alternative
dispute resolution
ENFORCEMENT
509.910 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]