ORS Chapter 506
TITLE 42
COMMERCIALFISHING AND FISHERIES
Chapter 506. Application,Administration and Enforcement of Commercial Fishing Laws
507. Compactswith Other States
508. Licensesand Permits
509. GeneralProtective Regulations
511. Localand Special Regulations
513. PackingFish and Manufacture of Fish Products
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Chapter 506 — Application,Administration and Enforcement of Commercial Fishing Laws
2009 EDITION
ADMINISTRATIONOF COMMERCIAL FISHING LAWS
COMMERCIALFISHING AND FISHERIES
GENERALPROVISIONS
506.001 Contentsof commercial fishing laws
506.006 Generaldefinitions
506.011 Typesof marine life defined
506.016 “Salmon”defined
506.025 “Unlawfulto buy” defined
506.028 “Conservation”defined
506.031 Effectof wildlife laws on commercial fishing laws
506.036 Jurisdictionof commission; duty to protect and propagate fish
506.045 Fishingrights of treaty Indians not affected
506.050 Federaland state fish cultural operations and scientific investigations; commission topropagate fish and to stock waters
506.109 Foodfish management policy
506.119 Generalduties and powers of commission; rulemaking authority
506.124 Hatcherypractice rules; reports
506.129 Establishingseasons, amounts and manner of taking food fish; rules
506.136 Commissionto study and classify food fish and fishing gear
506.142 Authorityof Fish Division
506.154 Dutiesof director
506.201 Powersof commission in regard to real property
506.211 Acquisitionof fish, eggs and larvae for certain purposes; returning salmon to Rogue River
506.213 Cohoand chinook salmon hatchery on Oregon coast
506.215 Maintaininghatcheries in adjoining states
506.220 Erectingmarkers of closed waters; interference with markers
506.226 Useof electric shock to take adult salmonids for private hatchery permitteesprohibited
506.231 Publicreport of fish hatchery activities
506.241 Commercialfishing vessel fleet reduction program; rules
COMMERCIALFISH MONEYS; RECEIPTS AND EXPENDITURES
506.306 Collectingmoneys under commercial fishing laws; disposition of receipts and fines
506.316 Paymentof commission expenditures
506.321 Acceptanceand use of gifts of money and property to commission
FEDERALAID AND PROJECTS
506.405 Powersof commission regarding federal aid for fish and fisheries
DEVELOPMENTALFISHERY
506.450 Definitionsfor ORS 506.450 to 506.465; rules
506.455 Policy
506.460 Developmentalfishery species harvest programs; biological surveys; permits; fees
506.462 Reviewof denial of applications; removal of fishery from developmental fisherieslist; fees; rules
506.465 DevelopmentalFisheries Board; members; qualifications; expenses
COMMERCIALFISHING LAW ENFORCEMENT
(GeneralProvisions)
506.501 Jurisdictionand authority to enforce commercial fishing laws
506.506 Intentof ORS 506.511 and 506.516
506.511 Statepolice to enforce commercial fishing laws; appointment of federal agents
506.516 Employmentof deputy fish wardens by commission
506.518 Appointmentof special deputy fish wardens
506.521 Enforcementof commercial fishing laws; officers subject to commission or director
506.526 Peaceofficer powers of director, inspectors and deputies; reporting arrests
506.531 Arrests,searches and seizures made on Sunday
506.535 Jurisdictionof courts over commercial fishing law violations; commencement of prosecutions
506.540 Paymentof rewards
506.550 Searchby peace officers to enforce commercial fishing laws
506.555 Issuanceof search warrants
506.560 Nonliabilityof peace officers enforcing commercial fishing laws
506.605 Namingplace of offense in complaint, information or indictment
506.610 Whenpossession prima facie evidence of taking fish unlawfully
506.620 Inspectionsby director or agent
506.625 Compellingtestimony in commercial fishing law enforcement proceedings
506.630 Dispositionof fines
506.635 Executionfor payment of fines and costs
(Seizureand 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 Returnof seized property; undertaking; effect of judgment ordering forfeiture orconfiscation
(Damagesfor Unlawful Taking)
506.720 Suitfor damages; amount; rules; application for or obtaining license when money dueprohibited
FISHERIESCONSERVATION ZONE
506.750 Policyfor ORS 506.755
506.755 FisheriesConservation Zone; rules; jurisdiction over zone; penalty; construction
FISHMARKETING
506.800 Namesfor marketing certain fish and shellfish
MISCELLANEOUS
506.895 Personaiding in commercial fishing law violation punishable as principal
PENALTIES
506.991 Criminalpenalties
506.995 Civilpenalties
GENERALPROVISIONS
506.001Contents of commercial fishing laws. All laws enacted for the protection,propagation and preservation of food fish or for the protection and developmentof commercial fisheries in this state, including but not limited to ORSchapters 506, 507, 508, 509, 511 and 513, may be cited as the commercialfishing laws. [1965 c.570 §2]
506.005 [Repealed by1965 c.570 §152]
506.006General 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 heldin hand while landing the fish, or with a hand-operated line without rod orreel, to which may be attached not to exceed three hooks, except on floatingbass plugs.
(2)“Boat” means any vessel, any floating craft, powered, towed, rowed or otherwisepropelled 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 forangling, or taking or possessing food fish in excess of the limits permittedfor personal use, or taking, fishing for, handling, processing, or otherwisedisposing of or dealing in food fish with the intent of disposing of such foodfish or parts thereof for profit, or by sale, barter or trade, in commercialchannels.
(5)“Commission” means the State Fish and Wildlife Commission created by ORS496.090.
(6)“Department” means the State Department of Fish and Wildlife.
(7)“Director” means the State Fish and Wildlife Director appointed pursuant to ORS496.112.
(8)“Fishing gear” means any appliance or device intended for or capable of beingused to take food fish except by angling.
(9)“Fixed fishing gear” includes but is not limited to stationary gear operated ata fixed location.
(10)“Personal use” means taking or fishing for food fish by angling or by suchother means and with such gear as the commission may authorize for fishing forpersonal 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 fishfor, hunt, pursue, catch, capture or kill.
(13)“Transport” means transport by any means, and includes offer or receive fortransportation.
(14)“Waters of this state” means all waters over which the State of Oregon hasjurisdiction, or joint or other jurisdiction with any other state or government,including waters of the Pacific Ocean and all bays, inlets, lakes, rivers andstreams within or forming the boundaries of this state. [1965 c.570 §3; 1975c.253 §13; 1995 c.602 §1; 2003 c.14 §337]
506.010 [Repealed by1965 c.570 §152]
506.011Types 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 ORS506.016; 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 assmelt.
(2)“Animals living intertidally on the bottom” includes but is not limited tostarfish, sea urchins, sea cucumbers, snails, bivalves, worms, coelenteratesand 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 Commissionhas jurisdiction pursuant to ORS 506.036.