2007 Oregon Code - Chapter 506 :: TITLE 42
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. The State Fish and Wildlife Commission, by
rule, may prescribe a commercial fishing vessel fleet reduction program that
complies with the federal Salmon and Steelhead Conservation and Enhancement Act
of 1980. [1981 c.365 §38]
506.255 [1965 c.570 §17; repealed by 1975 c.253 §40]
506.260 [1965 c.570 §18; 1969 c.234 §1; 1973 c.271 §3;
repealed by 1975 c.253 §40]
506.265 [1965 c.570 §19; repealed by 1975 c.253 §40]
506.270 [1965 c.570 §20; repealed by 1975 c.253 §40]
506.305 [Repealed by 1965 c.570 §152]
COMMERCIAL
FISH MONEYS; RECEIPTS AND EXPENDITURES
506.306
Collecting moneys under commercial fishing laws; disposition of receipts and
fines. (1) The State Fish
and Wildlife Commission shall collect all moneys to be paid to this state for
the protection, preservation, propagation and development of the commercial
fishing industry and arising under the commercial fishing laws and deposit such
moneys in the Commercial Fisheries Fund.
(2) Except as provided in ORS 506.630, all
fines collected for violation of the commercial fishing laws shall be credited
and distributed under ORS 137.293 and 137.295 as monetary obligations payable
to the state. [1965 c.570 §29; 1987 c.905 §26; 1991 c.701 §23; 1997 c.545 §1]
506.310 [Repealed by 1965 c.570 §152]
506.315 [Repealed by 1965 c.570 §152]
506.316
Payment of commission expenditures. Except as otherwise provided in ORS 506.321, all expenditures of the
State Fish and Wildlife Commission pursuant to the commercial fishing laws
shall be made from moneys appropriated for the purposes for which such moneys
are used, upon claims presented and warrants drawn pursuant to law. [1965 c.570
§30; 1967 c.454 §108]
506.320 [Repealed by 1965 c.570 §152]
506.321
Acceptance and use of gifts of money and property to commission. The State Fish and Wildlife Commission may
accept gifts of money, lands or other property and use the same for the
protection, preservation, propagation and development of the fishery resource,
subject to the terms of the gift. Subject to such terms the gifts may be used
or exchanged for the acquisition of other lands, waters, rights, easements or
other property. Any moneys received under this section not otherwise
appropriated hereby are appropriated for such purposes. [Formerly 506.235]
506.325 [Repealed by 1965 c.570 §152]
506.330 [Repealed by 1965 c.570 §152]
506.331 [1965 c.570 §32; repealed by 1979 c.461 §8]
506.335 [Repealed by 1965 c.570 §152]
506.340 [Amended by 1953 c.83 §2; repealed by 1965
c.570 §152]
506.341 [1965 c.570 §31; 1967 c.322 §1; repealed by
1975 c.130 §2 and 1975 c.253 §40]
506.345 [Formerly part of 496.345; 1971 c.446 §9;
repealed by 1973 c.723 §130]
FEDERAL AID
AND PROJECTS
506.405
Powers of commission regarding federal aid for fish and fisheries. The State Fish and Wildlife Commission may:
(1) Enter into such contracts, appoint
such officers and do any other act or thing necessary fully to meet the
requirements of the United States and the officers acting under federal statute
in aid of the conservation and preservation of fish and fisheries in this state
or concerning any federal project wherein the conservation and preservation of
such fish and fisheries are involved.
(2) Accept contributions of funds from the
federal government for such purposes.
506.410 [Amended by 1975 c.545 §12; repealed by 1979
c.461 §8]
506.415 [Amended by 1959 c.347 §1; 1967 c.322 §3;
1975 c.545 §13; repealed by 1979 c.461 §8]
506.420 [Repealed by 1965 c.570 §152]
506.430 [1963 c.635 §5; repealed by 1967 c.322 §4]
DEVELOPMENTAL
FISHERY
506.450
Definitions for ORS 506.450 to 506.465; rules. As used in ORS 506.450 to 506.465, developmental
fishery means activity for the development of commercial taking of an
underutilized food fish species. The State Fish and Wildlife Commission by rule
shall determine those species of food fish that are underutilized. [1993 c.765 §115]
506.455
Policy. It is the policy of
the State of
506.460
Developmental fishery species harvest programs; biological surveys; permits;
fees. In consultation with
the Developmental Fisheries Board, the State Fish and Wildlife Commission
shall:
(1) Establish an annual list of food fish
species that are considered to be developmental fishery species.
(2) Establish and review commercial
harvest programs for developmental fishery species.
(3) Establish methods to obtain biological
information necessary to determine the long term sustainability of the
resource.
(4) Establish limited entry harvest
systems for developmental fisheries. An annual fee of not more than $100 to
participate in a developmental fishery may be charged by the commission.
(5) Issue permits for developmental
fisheries within 14 days of receiving a written request for a permit. [1993
c.765 §118]
506.462
Review of denial of applications; removal of fishery from developmental fisheries
list; fees; rules. (1) A
person whose application for a developmental fisheries permit or a restricted
permit established under subsection (6) of this section, or for the renewal or
transfer of a developmental fisheries permit or restricted permit, is denied
may make written request to the Commercial Fishery Permit Board for review of
the denial. The review provided in this subsection is in lieu of any review by
the State Department of Fish and Wildlife or the State Fish and Wildlife
Commission. The request shall be in such form and shall contain such
information as the board considers appropriate. The request shall be
accompanied by a nonrefundable fee of $75. The fee shall apply toward any
applicable permit fees resulting from an order of the board in favor of the
requesting applicant.
(2) The board shall review a denial as a
contested case under ORS chapter 183. Orders issued by the board are not
subject to review by the commission, but may be appealed as provided in ORS
183.482.
(3) The board may waive requirements for
renewal of a developmental fisheries permit or a restricted permit established
under subsection (6) of this section if the board finds that an individual
applicant fails to meet the requirements as the result of illness, accident or
other circumstances beyond the individuals control.
(4) The board may delegate to the
department the boards authority to waive requirements for renewal of
developmental fisheries permits or restricted permits established under
subsection (6) of this section.
(5) The board may adopt such rules as it
determines necessary to carry out its duties, functions and powers under this
section.
(6) Once the commission determines that a
commercial harvest of a developmental fishery can be sustained, it may remove
that fishery from the developmental fisheries list, and may, by rule, establish
a restricted participation system or a restricted vessel permit system for that
fishery. These restricted permit systems may include, but are not limited to,
provisions relating to the following matters:
(a) Establishment of criteria for initial
entry into the restricted permit system and criteria for annual qualification
for continued participation in the system; and
(b) Establishment of terms and conditions
for transferring participation rights. [2007 c.95 §2]
506.465
Developmental Fisheries Board; members; qualifications; expenses. (1) The Developmental Fisheries Board is
established in the State Department of Fish and Wildlife. The board shall
consist of members appointed by the State Fish and Wildlife Commission after
consultation with commercial fishing industry representatives to insure
representation on the board of a broad range of fishing interests.
(2) The commission shall appoint:
(a) Two members who are commercial
fishermen licensed in this state and who are the operators of commercial
fishing vessels that are less than 60 feet in length.
(b) Two members who are commercial
fishermen licensed in this state and who are the operators of commercial
fishing vessels that are 60 feet or more in length.
(c) One member who represents commercial
fishing interests in general.
(d) One member who is employed by a fish
processor having fewer than 50 employees.
(e) One member who is employed by a fish
processor having 50 or more employees.
(f) One member who is an employee of the
State Department of Fish and Wildlife.
(g) One member who is an employee of the
State Department of Agriculture.
(3) A member of the board shall receive no
compensation for services as a member. However, subject to any applicable law
regulating travel and other expenses of state officers and employees, a member
shall be reimbursed for actual and necessary travel and other expenses incurred
in the performance of duties as a board member. The board shall meet at least
once each year. [1993 c.765 §117]
COMMERCIAL
FISHING LAW ENFORCEMENT
(General
Provisions)
506.501
Jurisdiction and authority to enforce commercial fishing laws. The State Fish and Wildlife Commission has
jurisdiction and authority to enforce the commercial fishing laws, except as
provided in ORS 506.506 to 506.516. [1965 c.570 §34]
506.505 [Repealed by 1965 c.570 §152]
506.506
Intent of ORS 506.511 and 506.516. It is the intent of ORS 506.511 and 506.516 to permit the State Fish
and Wildlife Commission to employ only such deputy fish wardens as are agreed
necessary or expedient among the commission, the Governor and the
Superintendent of State Police, and that the duties of enforcing criminal
provisions of the commercial fishing laws, so far as is economical and
practicable, be performed by the Department of State Police. [1965 c.570 §35]
506.510 [Repealed by 1965 c.570 §152]
506.511
State police to enforce commercial fishing laws; appointment of federal agents. (1) The Department of State Police shall
employ a sufficient number of state police to perform the duties required in
the enforcement of criminal provisions of the commercial fishing laws.
(2) The Superintendent of State Police may
appoint special enforcement officers authorized to enforce the commercial
fishing laws. Individuals so appointed must be special agents of the United
States Fish and Wildlife Service or the National Marine Fisheries Service, and
shall serve at the pleasure of the superintendent without additional
compensation. Each such special enforcement officer shall have all powers and
authority of a peace officer of this state in serving warrants, subpoenas and
other legal process in enforcement of the commercial fishing laws. [1965 c.570 §36;
1983 c.364 §5; 2003 c.14 §338]
506.515 [Repealed by 1965 c.570 §152]
506.516
Employment of deputy fish wardens by commission. The State Fish and Wildlife Commission, with
the approval of the Governor and the Superintendent of State Police, may employ
deputy fish wardens to the extent necessary or expedient. [1965 c.570 §37]
506.518
Appointment of special deputy fish wardens. The State Fish and Wildlife Commission may appoint special deputy fish
wardens who shall serve without compensation except for what the commission may
allow for special services. [Amended by 1965 c.570 §38]
506.520 [Repealed by 1965 c.570 §152]
506.521
Enforcement of commercial fishing laws; officers subject to commission or
director. Each member of the
State Fish and Wildlife Commission, the State Fish and Wildlife Director and
every inspector, deputy fish warden, special deputy fish warden, and all peace
officers of this state or any political subdivision therein, shall enforce the
commercial fishing laws within their respective jurisdictions. In the
performance of these duties such officers are subject to the direction and
control of the commission or director. [1965 c.570 §39; 2001 c.104 §224]
506.525 [Repealed by 1965 c.570 §152]
506.526
Peace officer powers of director, inspectors and deputies; reporting arrests. (1) The State Fish and Wildlife Director or
any inspector, deputy fish warden or special deputy fish warden may arrest any
person the officer has probable cause to believe is in the act of committing a
violation of the commercial fishing laws. Such officers are peace officers of
the state for this purpose and may execute all criminal process issued for the
arrest or detention of any person complained against for violation of the
commercial fishing laws. It is unlawful knowingly or willfully to resist or
oppose such officers in the discharge of their duties.
(2) Any officer described in subsection
(1) of this section who makes an arrest must report it, together with the
disposition of the case, to the director within 30 days after the date of the
arrest. Failure so to report subjects the officer to removal from office by the
authority that appointed the officer.
(3) The officers described in subsection
(1) of this section have all the powers and authority of a peace officer in
serving warrants, subpoenas and other legal process in the enforcement of the
commercial fishing laws. [1965 c.570 §40; 1973 c.836 §356]
506.530 [Repealed by 1965 c.570 §152]
506.531
Arrests, searches and seizures made on Sunday. The arrests, searches and seizures provided
for in the commercial fishing laws may be made on Sunday. In this event the
persons arrested shall be taken before any justice of the peace or judge having
jurisdiction, who shall bind over the persons arrested to appear and be
proceeded against as soon as may be on a week day following the arrest. [1965
c.570 §41]
506.535
Jurisdiction of courts over commercial fishing law violations; commencement of
prosecutions. (1) Unless
otherwise specifically provided, justice courts have concurrent jurisdiction in
the first instance with circuit courts of all offenses under the commercial
fishing laws.
(2) Any action or proceedings under the
commercial fishing laws shall be commenced on order of the State Fish and
Wildlife Commission or a person duly authorized to enforce such laws, or by any
district attorney, in the county in which the offense is alleged to have been
committed. [Amended by 1965 c.570 §43]
506.540
Payment of rewards. The
State Fish and Wildlife Commission may offer and authorize payment of rewards
for the arrest and conviction of any person who has violated any of the
commercial fishing laws, but no reward of more than $100 shall be offered or
paid for any one arrest or conviction. [Amended by 1965 c.570 §48]
506.545 [Repealed by 1965 c.570 §152]
506.550
Search by peace officers to enforce commercial fishing laws. The officers mentioned in ORS 506.521 may
search and examine all places where food fish may be kept, sold or secreted and
examine all packages, boxes and bundles held either for storage or shipment
which they have reason to believe contain evidence of violation of the
commercial fishing laws. [Amended by 1965 c.570 §50]
506.555
Issuance of search warrants.
Any court having jurisdiction of any offense against the commercial fishing
laws, upon receiving proof or probable cause for believing in the concealment
of any food fish taken or possessed contrary to law, shall issue a search
warrant and cause a search to be made in any place, and to that end cause any
place where concealment may be effected, to be opened and the contents examined
by any officer charged with the enforcement of the commercial fishing laws. [Amended
by 1965 c.570 §51]
506.560
Nonliability of peace officers enforcing commercial fishing laws. The officers described in ORS 506.521 shall
not suffer civil or criminal liability for any arrest, seizure or search as
provided under the commercial fishing laws. [Amended by 1965 c.570 §52]
506.565 [Repealed by 1965 c.570 §152]
506.570 [Repealed by 1965 c.570 §152]
506.575 [Amended by 1965 c.570 §54a; renumbered
506.655]
506.580 [Amended by 1965 c.570 §54b; renumbered
506.660]
506.585 [Amended by 1953 c.636 §2; 1965 c.570 §54c;
renumbered 506.665]
506.590 [Amended by 1965 c.570 §54d; renumbered
506.670]
506.595 [Renumbered 506.675]
506.600 [Renumbered 506.680]
506.602 [1957 c.298 §1; 1965 c.570 §53; renumbered
506.690]
506.603 [1957 c.298 §2; 1965 c.570 §54; renumbered
506.695]
506.605
Naming place of offense in complaint, information or indictment. In any criminal prosecution under the
commercial fishing laws, it is not necessary in the complaint, information or
indictment to name the particular waters of the state if they are unknown to
the person signing or filing the complaint or information or to the grand jury
returning the indictment. It is sufficient if it is stated in such cases in the
complaint, information or indictment that the particular waters of the state
are to such person, or to the grand jury, unknown. [Amended by 1965 c.570 §44]
506.610
When possession prima facie evidence of taking fish unlawfully. (1) The possession or custody of food fish
on, near, adjacent to or in the vicinity of any waters of this state, during
the closed season on such waters, is prima facie evidence that such fish were
unlawfully taken during the closed season on such waters.
(2) In all cases where such possession or
custody by accused persons on, near, adjacent to or in the vicinity of any of
such closed waters is proven, the burden of proof is shifted to the persons
found having such possession or custody, to establish that the fish were
lawfully taken during an open season and from waters from which it was at such
time lawful to take such fish. [Amended by 1965 c.570 §45]
506.615 [Repealed by 1965 c.570 §152]
506.620
Inspections by director or agent. The State Fish and Wildlife Director or authorized agent may enter and
inspect all canneries, cold storage houses, packing establishments, business
places, boats, fishing gear, and all property used in the taking, processing
and packing of food fish, for the purpose of enforcing the commercial fishing
laws. [Amended by 1965 c.570 §49]
506.625
Compelling testimony in commercial fishing law enforcement proceedings. In any action or proceeding for the
enforcement of any of the provisions of the commercial fishing laws, or in any
investigation before a grand jury, district attorney or other officer, or any
criminal proceeding, no person shall be excused from testifying concerning any
offense committed by another or by the person on the ground that the testimony
of the person may incriminate the person. However, such testimony shall not be
used against the person in any prosecution for any crime or misdemeanor under
the laws of the state, nor shall the person be subjected to any criminal
prosecution or any penalty or forfeiture for or on account of any transaction,
matter or thing concerning which the person has been compelled to testify or to
produce evidence, documentary or otherwise. [Amended by 1965 c.570 §46]
506.630
Disposition of fines. (1)
One-half of all fines imposed in justice courts for the violation of any of the
commercial fishing laws and collected in money shall be credited and
distributed under ORS 137.293 and 137.295 to the treasurer of the county in
which the action or proceeding is commenced, as a monetary obligation payable
to the county, for credit to the general fund of the county. One-half of all
fines so imposed and collected in justice courts shall be credited and distributed
under ORS 137.293 and 137.295, as a monetary obligation payable to the state.
The district attorney of the county, upon payment of any judgment, shall
satisfy it of record as attorney for the state.
(2) Payment of fines under this section
shall be made within the first 20 days of the month following the month in
which collected. [Amended by 1961 c.346 §1; 1965 c.570 §47; 1971 c.186 §6; 1981
s.s. c.116 §3; 1983 c.763 §51; 1987 c.905 §27]
506.635
Execution for payment of fines and costs. Any fishing gear used in violation of the commercial fishing laws,
including boats or vehicles of any kind and other appliances, is subject to
execution for the payment of fines and costs provided for in the commercial
fishing laws. [1965 c.570 §55]
506.655 [Formerly 506.575; repealed by 1993 c.699 §30]
506.660 [Formerly 506.580; repealed by 1993 c.699 §30]
506.665 [Formerly 506.585; 1977 c.272 §1; repealed
by 1993 c.699 §30]
506.670 [Formerly 506.590; 1977 c.340 §1; 1977 c.652
§1; repealed by 1993 c.699 §30]
506.675 [Formerly 506.595; 1977 c.652 §2; repealed
by 1993 c.699 §30]
506.680 [Formerly 506.600; 1977 c.652 §3; repealed
by 1993 c.699 §30]
(Seizure and
Disposition of Unlawful Equipment and Fish Unlawfully Taken)
506.690
Seizure, forfeiture and disposition of fish unlawfully taken. (1) All fish taken by or in the possession
of any person in violation of the commercial fishing laws or the rules of the
State Fish and Wildlife Commission shall be seized by any member of the
commission or any officer described in ORS 506.521.
(2) Any fish seized under the provisions
of subsection (1) of this section may be disposed of, sold, preserved or used
for food purposes, under the rules of the commission, to prevent loss or
spoilage. At the time the court passes sentence in the criminal prosecution for
violation of the commercial fishing laws, the court may order that any fish
seized under subsection (1) of this section or the proceeds from the sale of
such fish shall be forfeited. Any moneys derived from the sale of any forfeited
fish shall be deposited in the Commercial Fisheries Fund.
(3) If the fish seized under subsection
(1) of this section are not subsequently forfeited, the commission shall pay to
the person from whom the fish were seized an amount equal to the market value
of the fish at the time of seizure.
(4) The commission shall approve the
amount to be paid under subsection (3) of this section, and the claim shall be
paid from the Commercial Fisheries Fund in the manner provided by law for the
payment of claims against the state. There is appropriated continuously from
the Commercial Fisheries Fund an amount equal to the amounts approved by the
commission under this subsection. [Formerly 506.602; 1975 c.253 §27; 1977 c.652
§4; 1999 c.1013 §1; 1999 c.1051 §275]
506.695
Seizure, forfeiture and disposition of fishing gear and vehicles used
unlawfully; removal of unlawful piling. (1) All boats, fishing gear and vehicles used in violation of the
commercial fishing laws or the rules of the State Fish and Wildlife Commission
may be seized, and piling driven for the sole or primary purposes of violation
of such laws may be removed, by any member of the commission or any officer
described in ORS 506.521. Following the seizure the boats, gear and vehicles shall
be delivered to the sheriff of the county in which the seizure occurred. The
sheriff shall retain custody of the seized property until it is ordered
returned to the owner or confiscation is adjudged pursuant to this section.
(2) Upon the order of the court at the
time of passing sentence for a crime, the property seized under subsection (1)
of this section may be forfeited. If forfeited, such property shall be turned
over to the commission.
(3) The commission may dispose of such
forfeited property in any manner it deems proper, but the clear proceeds
derived from the sale of any forfeited property shall be deposited with the
State Treasury to be placed in the Common School Fund. [Formerly 506.603; 1977
c.652 §5; 1987 c.858 §7; 1993 c.699 §26]
506.700
Return of seized property; undertaking; effect of judgment ordering forfeiture
or confiscation. (1) At any
time after the seizure mentioned in ORS 506.695, but before the entry of
judgment pursuant to ORS 506.695, the owner of the seized property may require
the return thereof upon giving to the sheriff a written undertaking, executed
by sufficient surety, to be approved by the court described in ORS 506.695, to
the effect that such surety is bound in double the value of the property as
determined by the court, for the delivery thereof to the plaintiff, if such
delivery be adjudged, and for the payment to the plaintiff of such sum as may,
for any cause, be recovered against the owner. The owner shall file such
written undertaking with the clerk of the court for the county in which the
seizure occurred and shall serve a true copy thereof upon the district attorney
for the same county.
(2) If confiscation or forfeiture of such
property is required by a judgment of the court under ORS 506.695, the owner
shall return the property to the plaintiff. If the owner fails to return the
property, any officer described under ORS 506.521 may maintain an action upon
such undertaking, and the clear proceeds shall be deposited with the State
Treasury in the Common School Fund. [1977 c.652 §7; 1987 c.858 §8; 1993 c.699 §27]
(Damages for
Unlawful Taking)
506.720
Suit for damages; amount; rules; application for or obtaining license when
money due prohibited. (1)
The State Fish and Wildlife Commission may institute suit for the recovery of
damages for the unlawful taking, possession or killing of food fish referred to
in this section that are the property of the state.
(2) The damages referred to in subsection
(1) of this section shall be as follows:
(a) For food fish other than pink shrimp,
salmon or steelhead, twice the average market value of the food fish.
(b) For salmon or steelhead taken in
waters other than the waters of the
(c) For salmon or steelhead taken in the
waters of the
(A) For the first violation, twice the
average market value of the food fish.
(B) For the second and each subsequent
violation within a five-year period, $125 per fish.
(d) For pink shrimp:
(A) For the first violation, five percent
of the average market value of the food fish.
(B) For the second violation within a
five-year period, 10 percent of the average market value of the food fish.
(C) For the third and each subsequent
violation within a five-year period, 20 percent of the average market value of
the food fish.
(3) The commission shall by rule in
January of each year establish the average market value for each species of
food fish for the year.
(4) No person shall apply for or obtain
any license, tag or permit issued by the commission when civil damages due
pursuant to this section, or when moneys due the State Department of Fish and
Wildlife from court-ordered restitutions for violations of the commercial
fishing laws have not been paid. [1987 c.213 §2]
FISHERIES
CONSERVATION ZONE
506.750
Policy for ORS 506.755. The
Legislative Assembly finds and declares that:
(1) The preservation of complex
interrelationships of marine environment within the continental shelf of the
Pacific Ocean off the coast of the State of
(2) The uncontrolled use of the marine
commercial fisheries to harvest coastal species of fish and other marine
fisheries resources by foreign nationals is of public concern and constitutes
an immediate threat to the marine environment and its ultimate survival.
(3) The State of
Note: 506.750 and 506.755 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
506 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
506.755
Fisheries Conservation Zone; rules; jurisdiction over zone; penalty; construction. (1) The State of
(2) Activities of marine commercial
fishing within the limits and boundaries of the Fisheries Conservation Zone
shall be under the jurisdiction and regulation of the commission.
(3) The commission shall study the fishery
within the zone and when appropriate adopt, amend or repeal all rules,
according to the provisions of ORS 506.119 and 506.129 necessary for the
maintenance, preservation and protection of all coastal species of fish and
other marine fisheries resources.
(4) The jurisdiction within the Fisheries
Conservation Zone shall include, but not be limited to, provisions for
inspection of catch, particularly regarding anadromous fish; rules relating to
methods of fishing, size and kind of gear and nets; rules designating seasons,
closures and restricted areas.
(5) ORS 506.501 to 506.695 shall provide
the authority for enforcing rules adopted by the commission as specified in
this section.
(6) Subject to ORS 153.022, any person
convicted of violating any rule authorized under the provisions of this section
shall be punished by a fine not to exceed $10,000.
(7) Nothing contained within this section
is intended to abrogate a nations right of free passage or navigation of the
high seas.
(8) Nothing contained within this section
is intended to abrogate international fish compacts, agreements or treaties
providing for the management of anadromous or pelagic fish species. [1974 c.3 §2;
1983 c.740 §204; 1999 c.1051 §313]
Note: See note under 506.750.
FISH
MARKETING
506.800
Names for marketing certain fish and shellfish. In order to obtain uniform names to be used
for the marketing of fish:
(1) The common names Pacific red snapper,
Pacific snapper,
(a) Widow rockfish (Sebastes entomelas).
(b) Yellowtail rockfish (Sebastes
flavidus).
(c) Chilipepper (Sebastes goodei).
(d) Cowcod (Sebastes
(e) Black rockfish (Sebastes melanops).
(f) Vermillion rockfish (Sebastes
miniatus).
(g) Speckled rockfish (Sebastes ovalis).
(h) Bocaccio (Sebastes paucispinnis).
(i) Canary rockfish (Sebastes pinniger).
(j) Yelloweye rockfish (Sebastes
ruberrimus).
(k) Bank rockfish (Sebastes rufus).
(L) Olive rockfish (Sebastes serranoides).
(2) The common names butterfish and black
cod may be used as alternate names for purposes of marketing sablefish
(Anoplopoma fimbria).
(3) The common names Pacific ocean shrimp,
Pacific shrimp, pink shrimp and
MISCELLANEOUS
506.895
Person aiding in commercial fishing law violation punishable as principal. Any person who counsels, aids or assists in
any violation of the commercial fishing laws shall incur the penalties provided
for the person guilty of such violation. [1981 c.365 §18]
PENALTIES
506.990 [Repealed by 1965 c.570 §152]
506.991
Criminal penalties. (1)
Except as provided in this section, and subject to ORS 153.022, violation of
any provision of the commercial fishing laws, or of any rule promulgated by the
State Fish and Wildlife Commission in carrying out the commercial fishing laws,
is a Class A misdemeanor.
(2) In lieu of the fine provided in ORS
161.635, and in addition to the imprisonment provided in ORS 161.615, any
violation of this section is punishable as follows:
(a) For the first conviction, a fine not
to exceed $2,500.
(b) For the second conviction within a
10-year period, a fine not to exceed $4,000.
(c) For the third conviction within a
10-year period, a fine not to exceed $10,000.
(d) For the fourth and subsequent
convictions within a 10-year period, a fine not to exceed $25,000.
(3) Violation of any provision of ORS
509.011 which occurs more than 12 hours prior to or more than 12 hours
subsequent to a season established under ORS 506.129 by the commission for the
lawful taking of food fish when the total value of the food fish is $200 or
more is a Class C felony.
(4) In addition to the penalties of this
section and notwithstanding the provisions of ORS 506.690, all fish or sexual
products therefrom taken by or in the possession of any person sentenced under
this section shall be seized and confiscated, condemned, and sold. [1965 c.570 §56;
1975 c.517 §1; 1977 c.242 §4; 1977 c.353 §2; 1983 c.364 §2; 1993 c.699 §28;
1999 c.1051 §314]
506.995
Civil penalties. (1) As used
in this section, gain means the amount of money and the value of any property
derived from the violation.
(2) In addition to any other sanction
imposed by law, if a person derives a gain of at least $5,000 from violating
any commercial fishing law or rule promulgated pursuant to such laws, the
person shall be subject to a civil penalty that is equal to twice the amount of
the gain.
(3) Civil penalties under this section
shall be imposed pursuant to ORS 183.745.
(4) Any civil penalty received by the
State Department of Fish and Wildlife under this section shall be deposited in
the Commercial Fisheries Fund. [1999 c.672 §2]
_______________
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