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.