Chapter 498 — Chapter 498

ORS 498.254 [1973 c.723 §99; repealed by 1987 c.488 §5]

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ORS 498.255 [Amended by 1957 c.253 §1; repealed by 1959 c.352 §5]

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ORS 498.256 [1989 c.933 §§6,7; 1995 c.426 §10; renumbered 498.326 in 1995]

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ORS 498.257 Prohibition on possession, sale, trade or distribution of shark fins; exceptions. (1) As used in this section

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ORS 498.260 [Repealed by 1959 c.352 §5]

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ORS 498.262 [1973 c.723 §100; 1987 c.488 §3; 1995 c.426 §8; renumbered 498.316 in 1995]

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ORS 498.265 [Repealed by 1955 c.160 §1]

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ORS 498.268 [1973 c.723 §101; renumbered 498.351 in 1995]

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ORS 498.270 [Repealed by 1959 c.352 §5]

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ORS 498.272 [Formerly 498.145; repealed by 1973 c.723 §130]

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ORS 498.274 [1973 c.723 §102; 1987 c.488 §4; 1995 c.426 §9; renumbered 498.346 in 1995]

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ORS 498.275 [Repealed by 1959 c.352 §5]

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ORS 498.276 [1991 c.858 §9; renumbered 498.336 in 1995]

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ORS 498.279 Black bass and walleye angling contests; rules. (1) A person, or group of persons, may conduct, sponsor and participate in any competition or contest in which prizes are offered for the amount, quality, size, weight or other physical characteristics of black bass or walleye, provided that the rules of a competition or contest are prepared and distributed by the sponsors to the contestants and are administered and enforced by the sponsors. Except as provided in subsection (2) of this section, such rules shall include, but are not limited to

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ORS 498.280 [Repealed by 1973 c.723 §130]

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ORS 498.284 [1989 c.373 §2; repealed by 2001 c.186 §3]

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ORS 498.285 [Repealed by 1973 c.723 §130]

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ORS 498.286 Prize limitation. (1) Except as provided in subsection (2) of this section and ORS 498.279, no person shall conduct, sponsor or participate in any competition or contest in which any prize of a retail value of more than $1,000 is offered for the amount, quality, size, weight or other physical characteristic of game fish taken

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ORS 498.290 [1961 c.129 §1; repealed by 1973 c.723 §130]

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ORS 498.295 [Repealed by 1957 c.235 §1]

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ORS 498.300 [Repealed by 1959 c.352 §5]

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ORS 498.301 Policy. It is the policy of the State of Oregon to prevent appreciable damage to game fish populations or populations of nongame fish that are classified as sensitive species, threatened species or endangered species by the State Fish and Wildlife Commission as the result of the diversion of water for nonhydroelectric purposes from any body of water in this state. [1993 c.478 §2]

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ORS 498.305 [Repealed by 1959 c.352 §5]

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ORS 498.306 Screening or by-pass devices for water diversions; fees; costs. (1) Any person who diverts water from any body of water in this state in which any fish, subject to the State Fish and Wildlife Commission’s regulatory jurisdiction, exist may be required to install, operate and maintain screening or by-pass devices to provide adequate protection for fish populations present at the water diversion in accordance with the provisions of this section

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ORS 498.310 [Repealed by 1973 c.723 §130]

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ORS 498.311 [Formerly 498.248; repealed by 2007 c.625 §16]

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ORS 498.315 [Repealed by 1973 c.723 §130]

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ORS 498.316 Exemption from screening or by-pass devices. ORS 498.306 does not require the installation of screening or by-pass devices in those water diversions for which the State Fish and Wildlife Commission, by contract or other form of agreement with the person diverting the water, has made such other provision as the commission determines is adequate for the protection of the game fish in the body of water from which water is being diverted. [Formerly 498.262; 2007 c.625 §6]

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ORS 498.321 Screening or by-pass standards. (1) In order to carry out the provisions of ORS 498.301 and 498.306, the following minimum standards and criteria apply to actions of the State Fish and Wildlife Commission and the State Department of Fish and Wildlife with regard to fish screening or by-pass devices

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ORS 498.326 Department guidelines for screening and by-pass projects; expenditure of funds. (1) The State Department of Fish and Wildlife shall establish guidelines to determine the need for and location of potential fish screening and by-pass projects. The guidelines shall include a plan to be used for determining priorities for and expected costs of installing and maintaining the fish screening and by-pass devices

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ORS 498.331 [1993 c.478 §11; 1995 c.426 §18; 2001 c.822 §9; repealed by 2007 c.625 §16]

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ORS 498.336 Statutes not construed to limit ability to acquire funding for screening or by-pass devices. Nothing in ORS 498.306 or 509.585 shall be construed

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ORS 498.341 Additional funding. Notwithstanding the limitations imposed by ORS 498.306, if sufficient funds are made available in the Fish Screening Subaccount of the Fish and Wildlife Account, by allocation from the Administrative Services Economic Development Fund or from other sources, the State Department of Fish and Wildlife may provide financial assistance for construction and installation of screening or by-pass devices on additional water diversions. [1993 c.478 §8; 2001 c.822 §10; 2005 c.22 §372; 2007 c.625 §7]

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ORS 498.346 Injunction to require compliance with screening or by-pass requirements. The State Fish and Wildlife Commission may maintain a suit to enjoin any person, including governmental agencies of this state and political subdivisions of this state, from violating the provisions of ORS 498.306. The circuit court for any county in which are situated any waters in which any such violations are threatened has jurisdiction of the suit authorized by this section. [Formerly 498.274; 2001 c.923 §7; 2007 c.625 §8]

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ORS 498.351 [Formerly 498.268; repealed by 2001 c.923 §21]

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ORS 498.400 Definitions for ORS 498.400 to 498.464. As used in ORS 498.400 to 498.464, unless the context requires otherwise

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ORS 498.405 [Repealed by 1973 c.723 §130]

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ORS 498.406 License to operate certain outdoor clubs required; promotional activities for sale of membership without license prohibited. (1) Except as provided in ORS 498.412, no person shall operate an outdoor club unless the person has a valid license for such operation issued by the State Fish and Wildlife Commission, if the outdoor club activities are to be conducted on land that is leased from the owners thereof and if

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ORS 498.410 [Repealed by 1961 c.113 §2]

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ORS 498.412 Application of ORS 498.406. ORS 498.406 does not apply to any landowner offering to sell recreational access to property the landowner owns. [1973 c.749 §4]

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ORS 498.415 [Repealed by 1973 c.723 §130]

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ORS 498.418 License application; form; fee. (1) A person who is required to obtain a license from the State Fish and Wildlife Commission to operate an outdoor club shall submit to the commission an application for such license, on a form approved by the commission, that contains such information as the commission may require regarding the ownership, financial condition and operation of the club and promotional plans for sale of membership therein

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ORS 498.420 [Repealed by 1973 c.723 §130]

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ORS 498.424 Report to commission required; suspension of license pending investigation of reported information. (1) A person who is licensed to operate an outdoor club shall report immediately to the State Fish and Wildlife Commission any material changes in the information required to be contained in the application

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ORS 498.425 [Repealed by 1961 c.113 §2]

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ORS 498.430 [Amended by 1959 c.372 §1; repealed by 1973 c.723 §130]

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ORS 498.432 Notice to applicant upon receipt of license application; order granting or denying license; procedure. (1) Upon receipt in proper form of an application for a license to operate an outdoor club, the State Fish and Wildlife Commission shall issue a notice of filing to the applicant. Within 30 days from the date of the notice of filing, the commission shall enter an order granting or denying the license. If the license is denied, the commission shall give the applicant notice of the reasons therefor

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ORS 498.435 [Repealed by 1973 c.723 §130]

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ORS 498.438 Investigatory power of commission over outdoor clubs required to be licensed. The State Fish and Wildlife Commission may cause to be investigated, to such extent as the commission considers appropriate, the activities and operations of an outdoor club for which a license to operate has been received, previously granted or previously denied. The commission’s power to investigate includes, but is not limited to

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ORS 498.440 [Repealed by 1961 c.113 §2]

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