Oregon Statutes - Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws

• 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...
• 506.005   [Repealed by 1965 c.570 §152]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...
• 506.010   [Repealed by 1965 c.570 §152]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...
• 506.015   [Repealed by 1965 c.570 §152]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...
• 506.020   [Repealed by 1965 c.570 §152]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...
• 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• 506.030   [Repealed by 1965 c.570 §152]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...
• 506.035   [Repealed by 1965 c.570 §152]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...
• 506.040   [1965 c.570 §9; 1969 c.411 §2; 1973 c.723 §120; repealed by 1975 c.253 §40]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...
• 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...
• 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 Oregon that food fish shall be managed to provide the optimum economic, commercial, recreational and aesthetic benefits...
• 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...
• 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...
• 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:...
• 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...
• 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...
• 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...
• 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...
• 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 Rogue River.
  (1) Subject to subsection (2) of this section, the State Fish and Wildlife Commission may acquire by gift or purchase, and may acquire by capture...
• 506.213   Coho and chinook salmon hatchery on Oregon coast.
  (1) The State Fish and Wildlife Commission shall cause to be commenced and shall supervise the construction of a fish hatchery on the Oregon coast...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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]
• 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...
• 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...
• 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...
• 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]
• 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...
• 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]
• 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...
• 506.455   Policy.
  It is the policy of the State of Oregon to institute a management system for developmental fishery resources that addresses both long term commercial and...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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....
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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]
• 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...
• 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...
• 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...
• 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...
• 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...
• 506.755   Fisheries Conservation Zone; rules; jurisdiction over zone; penalty; construction.
  (1) The State of Oregon adopts a Fisheries Conservation Zone for the maintenance, preservation and protection of all coastal species of fish and other marine...
• 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, Oregon red...
• 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...
• 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...
• 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...

Last modified: August 7, 2008