Oregon Statutes - Chapter 509 - General Protective Regulations

• 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• 509.005   [Repealed by 1965 c.570 §152]
• 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...
• 509.010   [Repealed by 1965 c.570 §152]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...
• 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...
• 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,...
• 509.020   [Repealed by 1965 c.570 §152]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...
• 509.030   [Amended by 1965 c.570 §99; 1969 c.411 §3; repealed by 1975 c.1 §1 (509.031 enacted in lieu of 509.030)]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 Oregon that rainbow trout, Oncorhynchus mykiss, including steelhead trout are game fish, and shall be...
• 509.035   [Repealed by 1965 c.570 §152]
• 509.036   [1973 c.500 §§6,7; repealed by 1975 c.416 §2]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...
• 509.045   [Amended by 1965 c.570 §98; repealed by 1981 c.365 §23]
• 509.050   [Repealed by 1965 c.570 §152]
• 509.055   [Repealed by 1965 c.570 §152]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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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]
• 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...
• 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 Oregon jurisdiction; taking salmon only by troll within Oregon jurisdiction.
  (1) Subject to the conditions provided in this section, ORS 509.216 and ORS chapter 513, it is unlawful to have in possession any food fish...
• 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....
• 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,...
• 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...
• 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]
• 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...
• 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 California, Washington and Canada are effective...
• 509.365   Taking salmon by net in waters of Pacific Ocean over which Oregon has jurisdiction prohibited.
  No person shall fish for or take, by the use of any type of net, any salmon within the waters of the Pacific Ocean, over...
• 509.370   Taking of salmon by net in international waters of Pacific Ocean by Oregon citizen prohibited.
  No citizen of this state shall fish for or take, by the use of any type of net, any salmon within the international waters of...
• 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...
• 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...
• 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]
• 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...
• 509.420   [Repealed by 1965 c.570 §152]
• 509.425   [Amended by 1965 c.570 §128; 1969 c.675 §1; 1981 c.638 §3; renumbered 622.220]
• 509.427   [1969 c.675 §10; 1981 c.638 §4; renumbered 622.230]
• 509.429   [1969 c.675 §11a; 1981 c.638 §5; renumbered 622.240]
• 509.430   [Repealed by 1965 c.570 §152]
• 509.431   [1969 c.675 §11; 1981 c.638 §6; renumbered 622.250]
• 509.433   [1969 c.675 §12; 1981 c.638 §7; renumbered 622.260]
• 509.435   [Repealed by 1965 c.570 §152]
• 509.436   [1965 c.570 §59d; 1969 c.675 §2; 1981 c.638 §8; renumbered 622.270]
• 509.439   [1969 c.675 §13; 1981 c.638 §9; renumbered 622.280]
• 509.440   [Repealed by 1965 c.570 §152]
• 509.441   [1969 c.675 §8; 1981 c.638 §10; renumbered 622.290]
• 509.445   [Repealed by 1965 c.570 §152]
• 509.450   [Repealed by 1965 c.570 §152]
• 509.451   [1969 c.675 §9; 1981 c.638 §11; renumbered 622.300]
• 509.455   [Amended by 1969 c.675 §3; renumbered 622.320]
• 509.460   [Amended by 1963 c.113 §1; 1965 c.570 §124; renumbered 509.505]
• 509.465   [Repealed by 1969 c.675 §21]
• 509.470   [Renumbered 622.330]
• 509.475   [Amended by 1965 c.570 §125; renumbered 509.510]
• 509.480   [Repealed by 1969 c.675 §21]
• 509.485   [Repealed by 1969 c.675 §21]
• 509.490   [Repealed by 1969 c.675 §21]
• 509.495   [Amended by 1969 c.675 §4; renumbered 622.340]
• 509.500   [Amended by 1977 c.242 §7; renumbered 622.350]
• 509.505   Placing in water matter injurious to shellfish.
  It is unlawful for any person, municipal corporation, political subdivision or governmental agency to deposit or allow to escape into, or cause or permit to...
• 509.510   Taking shellfish from marked beds without permission; disturbing beds.
  It is unlawful, without the permission of the legal occupants, to take up shellfish from natural or artificially planted beds, which beds have been lawfully...
• 509.515   Landing or possession of krill prohibited.
  A person who holds a license or permit issued under the commercial fishing laws may not possess or land any species of euphausiids, commonly known...
• 509.580   Definitions for ORS 509.580 to 509.590, 509.600 to 509.645 and 509.910; rules.
  As used in ORS 509.580 to 509.590, 509.600 to 509.645 and 509.910: (1) “Artificial obstruction” means any dam, diversion, culvert or other human-made device placed...
• 509.585   Fish passage required for artificial obstructions; statewide inventory; waiver of requirement by commission; rules; exemptions.
  (1) It is the policy of the State of Oregon to provide for upstream and downstream passage for native migratory fish and the Legislative Assembly...
• 509.590   Fish Passage Task Force; reports to legislature.
  (1) The State Fish and Wildlife Director shall establish a Fish Passage Task Force to advise the director and the State Department of Fish and...
• 509.595   Director to report on fish passage rules, adequacy and implementation.
  The State Fish and Wildlife Director shall report to the Governor, the Speaker of the House of Representatives, the President of the Senate and the...
• 509.600   Destroying, injuring or taking fish near fishway; permits to take fish.
  (1) A person may not willfully or knowingly destroy, injure or take fish within 600 feet of any fishway, except as permitted by subsection (2)...
• 509.605   [Amended by 1955 c.707 §49; 1963 c.178 §1; 1965 c.570 §131; 1973 c.723 §123; repealed by 2001 c.923 §21]
• 509.610   Maintenance of fish passage required.
  (1) Subject to ORS 509.645, when the State Department of Fish and Wildlife requires fish passage to be provided pursuant to ORS 509.585, the person...
• 509.615   [Amended by 1957 c.135 §1; 1963 c.111 §1; 1965 c.570 §135; 1987 c.488 §2; 1993 c.478 §9; 1995 c.426 §6; repealed by 2007 c.625 §16]
• 509.620   Condemning inadequate or nonfunctioning fish passage; requiring new fish passage.
  If, in the judgment of the State Department of Fish and Wildlife, fish passage is not functioning as intended or is inadequate, as constructed under...
• 509.625   Power of department to inspect artificial obstructions and have fish passage constructed or remove obstruction.
  (1) The State Department of Fish and Wildlife may determine or ascertain by inspection of any artificial obstruction whether it would be advisable to construct...
• 509.630   Power of department to establish fish passage in natural stream obstructions.
  The State Department of Fish and Wildlife may determine or ascertain by inspection of any natural obstruction whether it would be advisable to construct fish...
• 509.635   Oregon City fishway under control of commission; removal of obstructions.
  (1) The fishways over the falls in the Willamette River, near Oregon City, are under the care and control of the State Fish and Wildlife...
• 509.640   [Amended by 1955 c.707 §54; repealed by 2001 c.923 §21]
• 509.645   Filing protest with commission; review and determination by commission; alternative dispute resolution.
  (1) A person owning or operating an artificial obstruction may request alternative dispute resolution at any point in the process of determining fish passage requirements....
• 509.910   Injunction to prevent certain violations; jurisdiction; service on corporation.
  (1) The State Fish and Wildlife Commission may maintain an action for an injunction to enjoin and restrain any person, municipal corporation, political subdivision or...
• 509.990   [Subsection (8) of 1963 Replacement Part enacted as 1955 c.477 §2; subsection (10) of 1963 Replacement Part enacted as 1957 c.152 §8; repealed by 1965 c.570 §152]
• 509.991   [1965 c.570 §59e; repealed by 1969 c.675 §21]
• 509.992   [1969 c.675 §15; repealed by 1977 c.242 §10]

Last modified: August 7, 2008