ORS Chapter 509

Chapter 509 — GeneralProtective Regulations

 

2009 EDITION

 

 

GENERALPROTECTIVE REGULATIONS

 

COMMERCIALFISHING AND FISHERIES

 

GENERALPROVISIONS

 

509.001     Definitions

 

TAKING,POSSESSING, BUYING, SELLING AND TRANSPORTING FOOD FISH

 

509.006     Generalprohibition regarding taking, possessing, buying, selling or handling food fish

 

509.011     Prohibitedactivities during closed season

 

509.015     Forfeitureof boat, vessel or fishing gear unlawfully used; seizure and disposition offood fish unlawfully taken

 

509.019     Consumptionof catch at sea lawful without payment of fee

 

509.025     Sellingor transporting food fish taken by angling

 

509.031     Rainbowtrout as game fish; return to water of incidental commercial catch

 

509.040     Smallor immature salmon protected; exceptions; rules

 

509.070     Selling,canning, processing or preserving food fish out of water longer than 60 hours

 

509.075     Packingor selling food fish unfit for human consumption

 

509.105     Possession,importation or transportation of food fish unlawfully taken in other state

 

509.110     Fishtransporters to require statement from shipper; examination by commission

 

WASTING,INJURING AND DESTROYING FISH

 

509.112     Wastingfood fish

 

509.115     Placingin waters fish harmful to food fish

 

509.120     Usingelectricity to disturb food fish

 

509.122     Definitionsfor ORS 509.125 to 509.155

 

509.125     Placingsubstances in water to drive fish from closed areas

 

509.130     Placingsubstances in water or using explosives to take or destroy food fish

 

509.140     Placingexplosives or harmful substances in waters in course of lawful work; permit

 

509.150     Useby commission of explosives or substances to destroy predatory fish

 

509.155     Possessionof fish taken by explosives or harmful substance justifies arrest; burden ofproof

 

FISHINGGEAR

 

509.216     Fixedfishing gear unlawful for taking food fish; exceptions; rules

 

509.230     Possessionof fish taken by lawful gear from Pacific Ocean outside Oregon jurisdiction;taking salmon only by troll within Oregon jurisdiction

 

509.235     Chinesesturgeon lines prohibited

 

509.240     Snaggingnets during closed season allowed

 

509.245     Noticeto director of use of snagging net

 

NETFISHING FOR SALMON IN PACIFIC OCEAN

 

509.355     Definitionsfor ORS 509.355 to 509.385

 

509.360     WhenORS 509.355 to 509.385 operative; proof

 

509.365     Takingsalmon by net in waters of Pacific Ocean over which Oregon has jurisdictionprohibited

 

509.370     Takingof salmon by net in international waters of Pacific Ocean by Oregon citizenprohibited

 

509.375     Transportingor possessing salmon unlawfully taken by net in certain waters prohibited

 

509.385     Exceptions

 

CRABSAND OTHER SHELLFISH

 

(Crabs)

 

509.415     Gearused in taking crab; selling crabs unlawfully taken

 

(Shellfish)

 

509.505     Placingin water matter injurious to shellfish

 

509.510     Takingshellfish from marked beds without permission; disturbing beds

 

(Krill)

 

509.515     Landingor possession of krill prohibited

 

FISHPASSAGE; FISHWAYS; SCREENING DEVICES; HATCHERIES NEAR DAMS

 

509.580     Definitionsfor ORS 509.580 to 509.590, 509.600 to 509.645 and 509.910; rules

 

509.585     Fishpassage required for artificial obstructions; statewide inventory; waiver ofrequirement by commission; rules; exemptions

 

509.590     FishPassage Task Force; reports to legislature

 

509.595     Directorto report on fish passage rules, adequacy and implementation

 

509.600     Destroying,injuring or taking fish near fishway; permits to take fish

 

509.610     Maintenanceof fish passage required

 

509.620     Condemninginadequate or nonfunctioning fish passage; requiring new fish passage

 

509.625     Powerof department to inspect artificial obstructions and have fish passageconstructed or remove obstruction

 

509.630     Powerof department to establish fish passage in natural stream obstructions

 

509.635     OregonCity fishway under control of commission; removal of obstructions

 

509.645     Filingprotest with commission; review and determination by commission; alternativedispute resolution

 

ENFORCEMENT

 

509.910     Injunctionto prevent certain violations; jurisdiction; service on corporation

 

GENERALPROVISIONS

 

      509.001Definitions.The definitions prescribed by ORS 506.001 to 506.025 apply to this chapter. [1965c.570 §91]

 

      509.005 [Repealed by1965 c.570 §152]

 

 TAKING,POSSESSING, BUYING, SELLING AND TRANSPORTING FOOD FISH

 

      509.006General prohibition regarding taking, possessing, buying, selling or handlingfood fish.It is unlawful to take, possess, buy, sell or otherwise handle any food fish inor from any waters of this state, during times, in a manner or by means of thefishing gear prohibited by law. [1965 c.570 §92]

 

      509.010 [Repealed by1965 c.570 §152]

 

      509.011Prohibited activities during closed season. (1) It is unlawful, during aclosed season on any of the waters of this state, to:

      (a)Take or transport food fish taken in or upon such waters.

      (b)Make use of a boat or any fishing gear to take or transport food fish taken insuch waters.

      (c)Have, leave or cause to be left in such waters any fishing gear in a conditionto take food fish.

      (2)It is unlawful to:

      (a)Buy, receive, possess or sell food fish unlawfully caught during a closedseason.

      (b)Make use of a vehicle of any kind whatsoever for transporting, or intended tobe used for transporting, in any place, food fish unlawfully taken during aclosed season, or unlawfully brought into this state. [1965 c.570 §93]

 

      509.015Forfeiture of boat, vessel or fishing gear unlawfully used; seizure anddisposition of food fish unlawfully taken. (1) In addition to the penaltyprescribed by ORS 506.991, upon conviction of a violation of ORS 509.011, thecourt may order the forfeiture of the boat, vessel, vehicle and fishing gearunlawfully used, in the manner provided by ORS 506.695 and 506.700, and theclear proceeds of the property forfeited shall be deposited with the StateTreasury in the Common School Fund.

      (2)All food fish taken, transported or possessed in violation of ORS 509.011 aresubject to seizure by the State Fish and Wildlife Director, a deputy fish orgame warden or a member of the state police, either with or without arrest.Upon such seizure, the fish are subject to forfeiture and disposition pursuantto ORS 506.690. [Amended by 1957 c.133 §1; 1965 c.570 §95; 1977 c.652 §8; 1987c.858 §9; 1993 c.699 §29]

 

      509.019Consumption of catch at sea lawful without payment of fee. Notwithstandingany other provision of law, an individual lawfully engaged in commercialfishing, while at sea, may consume a portion of the lawful commercial catch,without payment of the fees required under ORS 508.505. [1987 c.178 §2; 1991c.701 §18]

 

      509.020 [Repealed by1965 c.570 §152]

 

      509.025Selling or transporting food fish taken by angling. It is unlawfulto sell within this state, or transport out of this state for the purpose ofsale, food fish taken from any waters of this state by means of angling. [Amendedby 1965 c.570 §94; subsection (2) enacted as 1965 c.570 §107; 1977 c.242 §6]

 

      509.030 [Amended by1965 c.570 §99; 1969 c.411 §3; repealed by 1975 c.1 §1 (509.031 enacted in lieuof 509.030)]

 

      509.031Rainbow trout as game fish; return to water of incidental commercial catch. (1) It shall bethe policy of the State of Oregon that rainbow trout, Oncorhynchus mykiss,including steelhead trout are game fish, and shall be managed to providerecreational angling for the people and to protect wild native stocks.Recognizing that rainbow trout are sometimes intermingled with food fish, theState Fish and Wildlife Commission shall regulate to minimize the incidentalcatch of rainbow trout that may be taken under subsection (2) of this sectionby commercial fishing gear, including but not limited to regulations as toseason, gear and area.

      (2)Any rainbow trout, Oncorhynchus mykiss, including steelhead trout taken as anincidental catch, by any person fishing commercially shall be returnedimmediately to the water and shall not be bought or sold within the state.

      (3)Nothing in this section is intended to affect Indian fishing rights as grantedby federal treaties. [1975 c.1 §2 (enacted in lieu of 509.030); 1987 c.199 §1;1991 c.47 §1]

 

      509.035 [Repealed by1965 c.570 §152]

 

      509.036 [1973 c.500 §§6,7;repealed by 1975 c.416 §2]

 

      509.040Small or immature salmon protected; exceptions; rules. (1) Any personwho takes any immature salmon of any variety less than 20 inches in length, orany mature salmon of any variety less than 15 inches in length, by any meansother than angling, shall immediately return such salmon alive to the water.

      (2)It is unlawful to:

      (a)Take, buy, sell or possess immature salmon less than 20 inches or mature salmonless than 15 inches in length, taken in any waters of this state, at any timeor in any manner except by angling.

      (b)Take, molest, kill or injure, in any manner at any time, or expose for sale orhave in possession, except for the purpose of propagation when authorized bylaw, any spawning salmon.

      (3)Notwithstanding subsections (1) and (2) of this section it is lawful to takeprecocious salmon commonly called jack salmon less than 15 inches in lengthfrom the waters of this state, except the Pacific Ocean and to buy, sell orpossess such salmon.

      (4)To further protect immature salmon the State Fish and Wildlife Commission mayestablish by rule a minimum size for any species of salmon which is greaterthan 20 inches. [Amended by 1965 c.570 §97]

 

      509.045 [Amended by 1965c.570 §98; repealed by 1981 c.365 §23]

 

      509.050 [Repealed by1965 c.570 §152]

 

      509.055 [Repealed by1965 c.570 §152]

 

      509.060 [Amended by1965 c.570 §96; renumbered 509.185]

 

      509.065 [Amended by1959 c.254 §1; 1965 c.570 §101; renumbered 509.112]

 

      509.070Selling, canning, processing or preserving food fish out of water longer than60 hours.It is unlawful to sell, can, process or preserve for food any food fish thathave been removed from the water for a longer period than 60 hours, unless suchfish have been artificially chilled. [Amended by 1965 c.570 §102]

 

      509.075Packing or selling food fish unfit for human consumption. If the StateFish and Wildlife Commission or its authorized representatives finds that foodfish about to be processed, packed, canned, preserved in ice or sold in theopen market are unfit for human consumption, it or they shall notify the packeror possessor of such fish of the fact. If, in spite of any warning given tosuch packer or possessor, such fish are packed, demand shall be made upon thepacker to keep such fish separate and apart from the balance of the output orpack of the packer, and a full report shall be made of the matter to both thestate and the federal health authorities. [Amended by 1965 c.570 §103]

 

      509.080 [Repealed by1965 c.570 §152]

 

      509.090 [Repealed by1965 c.570 §152]

 

      509.095 [Repealed by1953 c.364 §3]

 

      509.100 [Repealed by1953 c.364 §3]

 

      509.105Possession, importation or transportation of foo