Chapter 509 — General Protective Regulations

509.001 Definitions

The definitions prescribed by ORS 506.001 to 506.025 apply to this chapter.

509.005 [Repealed by 1965 c.570 §152]

TAKING, POSSESSING, BUYING, SELLING AND TRANSPORTING FOOD FISH

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 a manner or by means of the fishing gear prohibited by law.

509.010 [Repealed by 1965 c.570 §152]

509.011 Prohibited activities during closed season

It is unlawful, during a closed season on any of the waters of this state, to: Take or transport food fish taken in or upon such waters. Make use of a boat or any fishing gear to take or transport food fish taken in such waters. Have, leave or cause to be left in such waters any fishing gear in a condition to take food fish. It is unlawful to: Buy, rece…

509.015 Forfeiture of boat, vessel or fishing gear unlawfully used; seizure and disposition of food fish unlawfully taken

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 the boat, vessel, vehicle and fishing gear unlawfully used, in the manner provided by ORS 506.695 and 506.700, and the clear proceeds of the property forfeited shall be deposited with the State Treasury in the Common Scho…

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, without payment of the fees required under ORS 508.505.

509.020 [Repealed by 1965 c.570 §152]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 of this state by means of angling.

509.030 [Amended by 1965 c.570 §99; 1969 c.411 §3; repealed by 1975 c.1 §1 (509.031 enacted in lieu of 509.030)]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

It shall be the policy of the State of Oregon that rainbow trout, Oncorhynchus mykiss, including steelhead trout are game fish, and shall be managed to provide recreational angling for the people and to protect wild native stocks. Recognizing that rainbow trout are sometimes intermingled with food fish, the State Fish and Wildlife Commission shall regulate t…

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

Any person who takes any immature salmon of any variety less than 20 inches in length, or any mature salmon of any variety less than 15 inches in length, by any means other than angling, shall immediately return such salmon alive to the water. It is unlawful to: Take, buy, sell or possess immature salmon less than 20 inches or mature salmon less than 15 in…

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 than 60 hours, unless such fish have been artificially chilled.

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 sold in the open market are unfit for human consumption, it or they shall notify the packer or possessor of such fish of the fact. If, in spite of any warning given to such packer or possessor, such fish …

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 the laws of another state.

509.110 Fish transporters to require statement from shipper; examination by commission

All transportation companies, common carriers or other persons or agencies transporting food fish, fresh, frozen, salted, smoked, kippered or preserved in ice, shall require of the shipper, before accepting such shipments, a signed statement in writing showing: The name of the consignor or shipper. The name of the consignee. The net weight in pounds of ea…

509.112 Wasting food fish

It is unlawful for any person wantonly to waste or destroy any food fish.

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 or variety of fish whatsoever which are inimical to or destructive of food fish.

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 in any manner has a tendency to retard, scare, frighten or obstruct any food fish in their migrations or movements in such waters without first having obtained the consent of and a permit from the State Fish and Wildlife Director.

509.122 Definitions for ORS 509.125 to 509.155

As used in ORS 509.125 to 509.155, unless the context requires otherwise: “Explosives” means any explosive substances whatever, including but not limited to powder, dynamite and nitroglycerine. “Substance deleterious to fish” includes but is not limited to any drug, powder, chemical, medicated bait, gas, cocculus indicus or extract therefrom, inimical to f…

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 the distance from any dam, fishway or object in which the taking of any anadromous or food fish by means other than angling is prohibited by law, any blood or offal of fish, or any other substance, matter or contrivance that will frigh…

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: Throw, cast or pass, or cause or permit to be thrown, cast or passed, in any waters of this state in which food fishes are wont to be, any substance deleterious to fish; or Explode or cause to be exploded in any waters of this state, any explosives.

509.135 [Repealed by 1965 c.570 §152]

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

Whenever in the course of removing any obstruction in any waters of this state, or in constructing any foundations for dams, bridges or other structures, or in carrying on any trade or business, any person, municipal corporation, political subdivision or governmental agency desires to use explosives or any substances deleterious to fish, such person, municip…

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 of destroying German carp or any other predatory fish inimical to food fish, or from carrying out any of the commercial fishing laws.

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 to fish justifies the arrest of the person having the fish in possession. It is then incumbent upon such person to prove and show that the fish were taken by lawful means.

509.160 Prohibition on possession, sale, trade or distribution of shark fins; exceptions

As used in this section: “Shark fin” means the raw or dried fin or tail of a shark. “Spiny dogfish” means a shark belonging to the family Squalidae in the order Squaliformes that has two spines, one anterior to each dorsal fin, and that does not have an anal fin. A person may not possess, sell or offer for sale, trade or distribute a shark fin in this sta…

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 [1965 c.570 §117; 1969 c.357 §1; repealed by 2013 c.672 §1]

509.220 [Repealed by 1965 c.570 §152]

509.225 [Repealed by 1965 c.570 §152]

FISHING GEAR

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

Subject to the conditions provided in this section and ORS chapter 513, it is unlawful to have in possession any food fish taken in the waters of the Pacific Ocean outside the territorial jurisdiction of this state by means of any fishing gear except as provided by law or rule of the State Fish and Wildlife Commission, for: The purpose of commercially packi…

509.235 Certain 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, taut measure, hung or attached to not to exceed two lead lines combined and used as a single line and a single cork line, in any of the waters of this state, during any season or period closed to commercial fishing by law or by rule of the State…

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 the State Fish and Wildlife Director a snagging permit by forwarding a written request to the office of the State Fish and Wildlife Commission specifically providing: The particular gillnet drift, fishing ground …

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]

NET FISHING FOR SALMON IN PACIFIC OCEAN

509.355 Definitions for ORS 509.355 to 509.385

As used in ORS 509.355 to 509.385: “Citizen of this state” means a person who maintains the usual place of abode of the person within this state or who otherwise qualifies as a citizen of this state under the laws of this state. “International waters” means waters outside the territorial boundaries of any state, territory or country.

509.360 When ORS 509.355 to 509.385 operative; proof

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 which, in substance or effect, contain provisions: Similar to and which accomplish the purposes of ORS 509.355 to 509.385; or Which prohibit the possession or transportation within their respective territorial wat…

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 which this state has jurisdiction, lying westerly of the following described line: Commencing at the point of intersection of the California-Oregon state boundary with the Pacific Ocean high water mark shoreline; thence northerly along suc…

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 the Pacific Ocean.

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 any salmon which were taken by any type of net within the international waters of the Pacific Ocean or within the territorial waters of this state or of another state, territory or country wherein such fishi…

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: Those species of salmon in those areas within the international waters of the Pacific Ocean that are regulated by the Pacific Salmon Commission or by United States laws or rules or regulations promulgated pursuant to such laws. The use of nets for fishing for or taking salmon for purposes of scientific investigation …

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]

CRABS AND OTHER SHELLFISH (Crabs)

509.415 Gear used in taking crab; selling crabs unlawfully taken

No person shall take a crab from any of the waters of the state for commercial purposes, with or by the use of any other gear than that specifically known as crab ring or crab pot, or sell or offer for sale crabs unlawfully caught. The taking of Dungeness crab (Cancer magister) for commercial purposes from any of the waters of this state, 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]

(Shellfish)

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 be deposited or escape into any public waters of this state, any substance of any kind which will or shall in any manner injuriously affect the life, growth or flavor of shellfish in or under such waters…

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 and plainly marked. It is unlawful willfully to disturb the shellfish in such beds, the surfaces of such beds, or the markers. (Krill)

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 as krill, or take euphausiids from any waters of the Pacific Ocean over which this state has jurisdiction, including the area outside the territorial jurisdiction of this state but within the part of the exclusive…

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: “Artificial obstruction” means any dam, diversion, culvert or other human-made device placed in the waters of this state that precludes or prevents the migration of native migratory fish. “Construction” means: Original construction; Major replacement; Structural modifications that increa…

509.585 Fish passage required for artificial obstructions; statewide inventory; waiver of requirement by commission; rules; exemptions

It is the policy of the State of Oregon to provide for upstream and downstream passage for native migratory fish and the Legislative Assembly finds that cooperation and collaboration between public and private entities is necessary to accomplish the policy goal of providing passage for native migratory fish and to achieve the enhancement and restoration of O…

509.590 Fish Passage Task Force; reports to legislature

The State Fish and Wildlife Director shall establish a Fish Passage Task Force to advise the director and the State Department of Fish and Wildlife on matters related to fish passage in Oregon, including but not limited to funding, cost sharing and prioritization of efforts. The director shall determine the members and the specific duties of the task force b…

509.592 Task force advice to department regarding project funding; department report on deposits and expenditures

The Fish Passage Task Force established pursuant to ORS 509.590 shall provide advice to the State Department of Fish and Wildlife regarding the projects to be funded and the expenditures to be made from the Fish Passage Restoration Subaccount created under ORS 497.141. The department shall maintain a record of all moneys deposited to or expended from the su…

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 appropriate legislative committee with responsibility for salmon restoration or species recovery: Prior to the adoption of rules relating to fish passage; Prior to the establishment of the general criteria for …

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

A person may not willfully or knowingly destroy, injure or take fish within 600 feet of any fishway, except as permitted by subsection (2) of this section. Actions that violate this section include, but are not limited to: Hindering, annoying or disturbing fish entering, passing through, resting in or leaving such fishway, or obstructing the passage of fish…

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

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 owning or operating an artificial obstruction shall keep the fish passage in such repair as to provide adequate fish passage of native migratory fish at all times. Each day of neglect or refusal to comply with subse…

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 ORS 509.585, the State Fish and Wildlife Commission may condemn the fish passage and order new fish passage installed in accordance with plans and specifications determined by the department.

509.625 Power of department to inspect artificial obstructions and have fish passage constructed or remove obstruction

The State Department of Fish and Wildlife may determine or ascertain by inspection of any artificial obstruction whether it would be advisable to construct fish passage, or order the construction pursuant to ORS 509.585 of fish passage, at the artificial obstruction. Without affecting other remedies to enforce the requirement to install fish passage, if the …

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 passage over or around such natural obstruction. If it is deemed advisable the State Fish and Wildlife Commission may construct fish passage that provides adequate passage for native migratory fish in t…

509.635 Oregon City fishway under control of commission; removal of obstructions

The fishways over the falls in the Willamette River, near Oregon City, are under the care and control of the State Fish and Wildlife Commission, which may make any extensions, additions, alterations or repairs to the same that become necessary. The commission, or its duly authorized representatives, may remove any artificial obstructions placed in the Willa…

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

A person owning or operating an artificial obstruction may request alternative dispute resolution at any point in the process of determining fish passage requirements. A person owning or operating an artificial obstruction may file a protest with the State Fish and Wildlife Commission within 30 days from the receipt of the State Department of Fish and Wildl…

509.910 Injunction to prevent certain violations; jurisdiction; service on corporation

The State Fish and Wildlife Commission may maintain an action for an injunction to enjoin and restrain any person, municipal corporation, political subdivision or governmental agency of this state from violating any of the provisions of ORS 509.130, 509.140, 509.505, 509.585, 509.610 and 509.625. Any action authorized by this section shall be tried in the c…

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]

CHAPTER 510 [Reserved for expansion] _______________