Chapter 506 — Chapter 506
156 sections in this chapter.
ORS 506.001 Contents of commercial fishing laws. All laws enacted for the protection, propagation and preservation of food fish or for the protection and development of commercial fisheries in this state, including but not limited to ORS chapters 506, 507, 508, 509, 511 and 513, may be cited as the commercial fishing laws. [1965 c.570 §2]
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[Repealed or reserved.]
ORS 506.005 [Repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.006 General definitions. As used in the commercial fishing laws, unless the context requires otherwise
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(1) “Angling” means fishing for personal use with one line attached to a pole held in hand while landing the fish, or with a hand-operated line without rod or reel, to which may be attached not to exceed three hooks, except on floating bass plugs. (2) “Boat” means any vessel, any…
ORS 506.010 [Repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.011 Types of marine life defined. As used in the commercial fishing laws, unless the context requires otherwise
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(1) “Anadromous fish” includes but is not limited to salmon, as defined in ORS 506.016; Roccus saxatilis, commonly known as striped bass; Alosa sapidissima, commonly known as shad; Acipenser medirostris and Acipenser transmontanus, commonly known as sturgeon; and Thaleichthys pac…
ORS 506.015 [Repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.016 “Salmon” defined. As used in the commercial fishing laws, “salmon” means all anadromous species of salmon, including but not limited to
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(1) Oncorhynchus gorbuscha, commonly known as humpback, humpies or pink salmon. (2) Oncorhynchus keta, commonly known as chum or dog salmon. (3) Oncorhynchus kisutch, commonly known as coho or silver salmon. (4) Oncorhynchus nerka, commonly known as sockeye, red or blueback salmo…
ORS 506.020 [Repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.025 “Unlawful to buy” defined. Whenever the commercial fishing laws state that it is unlawful to buy any food fish, illegally taken, this prohibition means that it is unlawful to buy, knowing or having reasonable cause to believe that the fish have been illegally taken or transported within this state, or unlawfully imported or otherwise unlawfully brought into this state. [Amended by 1965 c.570 §6]
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[Repealed or reserved.]
ORS 506.028 “Conservation” defined. As used in the commercial fishing laws, unless the context requires otherwise, “conservation” means providing for the utilization and management of the food fish of Oregon to protect the ultimate supply for present and future generations, preventing waste and implementing a sound management program for sustained economic, recreational and aesthetic benefits. [1971 c.187 §5; 1973 c.271 §1]
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[Repealed or reserved.]
ORS 506.030 [Repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.031 Effect of wildlife laws on commercial fishing laws. (1) Nothing in the wildlife laws of this state affects the lawful operation of any fishing gear or the lawful taking of any food fish under the commercial fishing laws
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(2) The commercial fishing laws apply to food fish except as otherwise provided in ORS 506.045 and 506.050, and shall be enforced regardless of any conflicting provisions in the wildlife laws of this state. No act lawfully done under the commercial fishing laws is unlawful in the…
ORS 506.035 [Repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.036 Jurisdiction of commission; duty to protect and propagate fish. (1) Except as otherwise provided in subsection (4) of this section and in ORS 506.045 and 506.050, the State Fish and Wildlife Commission has exclusive jurisdiction over all fish, shellfish, and all other animals living intertidally on the bottom, within the waters of this state. The commission has joint or other jurisdiction with any other state or government over all such fishes within the waters of the Columbia River and its tributaries where such waters form the boundaries of this state
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(2) The commission has jurisdiction over those species of fish, shellfish and all other animals living intertidally on the bottom referred to in subsection (1) of this section transported into or landed in this state which have been taken in waters outside this state. (3) The dut…
ORS 506.040 [1965 c.570 §9; 1969 c.411 §2; 1973 c.723 §120; repealed by 1975 c.253 §40]
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[Repealed or reserved.]
ORS 506.045 Fishing rights of treaty Indians not affected. There are excluded from the operation of ORS 506.129, 506.136, 507.030, 508.025, 508.285 and 509.025 (1), any Warm Springs, Umatilla, Yakima, Wasco, Tenino, Wyum and other Columbia River Indians affiliated with these tribes and entitled to enjoy fishing rights, who have not severed their tribal relations, in so far as it would conflict with any rights or privileges granted to such Indians under the terms of the treaties made by the United States with the Warm Springs Indians on June 25, 1855, and with the Umatilla and Yakima Indians on June 9, 1855. [Formerly 506.195; 1975 c.545 §11; 1977 c.242 §3; 2013 c.672 §2]
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[Repealed or reserved.]
ORS 506.050 Federal and state fish cultural operations and scientific investigations; commission to propagate fish and to stock waters. (1) The United States Fish and Wildlife Service, the State Fish and Wildlife Commission and their duly authorized agents may conduct fish cultural operations and scientific investigations in the waters of this state in such manner and at such times as may be considered necessary and proper by the service, the commission or their agents
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(2) The commission shall propagate and stock the waters of this state with such fish as it considers proper. [1965 c.570 §11]
ORS 506.105 [Amended by 1973 c.271 §2; repealed by 1975 c.253 §40]
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[Repealed or reserved.]
ORS 506.109 Food fish management policy. It is the policy of the State of Oregon that food fish shall be managed to provide the optimum economic, commercial, recreational and aesthetic benefits for present and future generations of the citizens of this state. In furtherance of this policy, the goals of food fish management are
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(1) To maintain all species of food fish at optimum levels in all suitable waters of the state and prevent the extinction of any indigenous species. (2) To develop and manage the lands and waters of this state in a manner that will optimize the production, utilization and public …
ORS 506.110 [Repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.111 [1965 c.570 §12; 1967 c.402 §5; 1969 c.314 §60; repealed by 1975 c.253 §40]
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[Repealed or reserved.]
ORS 506.115 [Repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.116 [1965 c.570 §13; repealed by 1975 c.253 §40]
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[Repealed or reserved.]
ORS 506.119 General duties and powers of commission; rulemaking authority. (1) The State Fish and Wildlife Commission has the authority to formulate and implement the policies and programs of this state for the management of food fish, and may perform all acts necessary to administer and carry out the provisions of the commercial fishing laws
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(2) In accordance with any applicable provision of ORS chapter 183, the commission may promulgate rules to carry out the provisions of the commercial fishing laws. [1975 c.253 §17]
ORS 506.120 [Repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.121 [1965 c.570 §14a; repealed by 1975 c.253 §40]
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[Repealed or reserved.]
ORS 506.124 Hatchery practice rules; reports. The State Fish and Wildlife Commission shall adopt rules governing public and private salmon hatchery practices by July 1, 1984. The commission shall also submit quarterly reports to the Emergency Board on matters related to the adoption of rules and the impact of hatchery practices on the salmon resource. [1983 c.797 §8]
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[Repealed or reserved.]
ORS 506.125 [Repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.126 [1965 c.570 §15; repealed by 1975 c.253 §40]
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[Repealed or reserved.]
ORS 506.129 Establishing seasons, amounts and manner of taking food fish; rules. (1) After investigation of the supply and condition of food fish, the State Fish and Wildlife Commission, at appropriate times each year, shall by rule
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(a) Prescribe the times, places and manner in which food fish may be taken or sold, except when canned or otherwise processed, and the amount of those food fish species that may be taken or sold. (b) Prescribe such other restrictions or procedures regarding the taking, selling or…
ORS 506.130 [Repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.131 [1965 c.570 §14; repealed by 1975 c.253 §40]
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[Repealed or reserved.]
ORS 506.135 [Repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.136 Commission to study and classify food fish and fishing gear. The State Fish and Wildlife Commission shall
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(1) Investigate the habits, supply and economic uses of, and classify all food fish. (2) Classify all fishing gear and such classification shall be final. [1965 c.570 §21]
ORS 506.140 [Repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.141 [1965 c.570 §22; repealed by 1975 c.253 §40]
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[Repealed or reserved.]
ORS 506.142 Authority of Fish Division. The Fish Division established pursuant to ORS 496.124 shall be responsible for the management of all fish and other marine life over which the State Fish and Wildlife Commission has regulatory jurisdiction. [1975 c.253 §18]
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[Repealed or reserved.]
ORS 506.145 [Repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.146 [1965 c.570 §23; repealed by 1975 c.253 §40]
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[Repealed or reserved.]
ORS 506.147 Record keeping regarding food fish commerce. (1) In addition to any other authority under the commercial fishing laws, and except as provided in this subsection, the State Fish and Wildlife Commission may adopt record keeping requirements for a person that engages in taking, landing, buying or selling food fish for commercial purposes or otherwise deals in food fish for commercial purposes. Records that the commission may require under this section include, but need not be limited to, records sufficient to show the source and disposition of food fish and any other information the commission deems necessary for tracing the chain of possession for food fish. The commission may not make record keeping requirements under this section applicable to tribal members exercising the treaty-reserved rights of an Indian tribe
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(2) A person that the commission makes subject to a record keeping requirement under this section shall make the records available for inspection by the commission, the State Department of Fish and Wildlife or the State Department of Agriculture, or by a designee of the commissio…
ORS 506.150 [Repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.151 [1965 c.570 §24; 1971 c.187 §1; repealed by 1975 c.253 §40]
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[Repealed or reserved.]
ORS 506.153 [1963 c.259 §1; repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.154 Duties of director. The State Fish and Wildlife Director shall
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(1) Be responsible to the State Fish and Wildlife Commission for the administration and enforcement of the commercial fishing laws. (2) Be responsible for the collection, application and dissemination of information pertinent to the management of food fish resources and to the re…
ORS 506.155 [Amended by 1961 c.275 §1; repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.156 [1965 c.570 §25; repealed by 1971 c.187 §3]
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[Repealed or reserved.]
ORS 506.160 [Repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.161 [1965 c.570 §26; repealed by 1971 c.187 §3]
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[Repealed or reserved.]
ORS 506.165 [Repealed by 1965 c.570 §152]
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[Repealed or reserved.]
ORS 506.170 [Repealed by 1965 c.570 §152]
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[Repealed or reserved.]