202 sections in this chapter.
ORS 508.505 (1) Additional fees shall be collected by the State Fish and Wildlife Director in the amount prescribed by this section, except as provided in ORS 508.510. Every person operating within the state as a canner, buyer, bait dealer or wholesaler of any food fish or shellfish shall pay, in addition to all other licenses or fees provided by law, a fee equal to the value of the food fish at the point of landing multiplied by the following rates
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(a) All salmon and steelhead, 3.15 percent. (b) All black rockfish, blue rockfish and nearshore fish, 5.00 percent. (c) All tuna, 1.32 percent. (d) All crab, 2.85 percent. (e) All shrimp, 2.91 percent. (f) All sardines, 2.72 percent. (g) All sablefish, 2.91 percent. (h) All whiti…
ORS 508.506 Additional payments on certain fish species. In addition to the ad valorem fee prescribed by law, there shall be paid for each fish species referred to in ORS 508.505 (1)(a), an additional fee of four cents per pound. The ad valorem fee referred to in this section is subject to ORS 508.505 to 508.540. [1989 c.512 §8; 1991 c.184 §3; 1997 c.8 §11; 2003 c.643 §3; 2009 c.765 §4; 2015 c.734 §5; 2019 c.458 §6]
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Note: Sections 4 and 8 (1)(b), chapter 734, Oregon Laws 2015, provide: Sec. 4. Additional fee through 2036. (1) In addition to the ad valorem fee prescribed by law, there shall be paid for each fish species referred to in ORS 508.505 (1)(a), an additional fee of four cents per po…
ORS 508.507 [1971 c.540 §10; repealed by 1991 c.701 §3]
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[Repealed or reserved.]
ORS 508.510 Place where fish caught is immaterial; exceptions; special fee. (1) The fee provided for in ORS 508.505 shall be paid irrespective of where the fish were caught. However, the fees shall not be paid on any food fish or shellfish brought into this state after having been landed
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(a) In another state, territory or possession of the United States, and upon or in regard to which a tax or fee has been levied and collected in the other state, territory or possession; or (b) In another country. (2) Notwithstanding ORS 508.505, there shall be paid a fee of one …
ORS 508.515 Time of paying fees; report; interest on overdue fees; waiver or extension of payment. (1) The fee required by ORS 508.505 shall be paid to the State Fish and Wildlife Director on or before the 20th day of each calendar month for the preceding calendar month
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(2) The fee shall be accompanied by a report showing the total number of pounds of all varieties of food fish, stated separately upon blanks furnished by the director, and the value at the point of landing. (3) In the event that such fee is not paid within the time for payment pr…
ORS 508.520 Determination of disputes. It is the intention that only one fee based on the value of the fish at the point of landing shall be collected for each fish purchased or received, and in order that this end may be accomplished the State Fish and Wildlife Commission and the State Fish and Wildlife Director may determine finally any dispute arising out of the operation and enforcement of ORS 508.505. [Formerly 508.325; 1991 c.701 §6]
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[Repealed or reserved.]
ORS 508.525 Lien for unpaid fee; foreclosure; jurisdiction of courts. The fee required by ORS 508.505 constitutes a first lien upon the cannery, packing plant, scow, boat and its equipment used in the canning, receiving or transporting of the fish. This lien may be foreclosed by the State Fish and Wildlife Commission in the name of the state by a suit in equity in the circuit court of the county in which the property upon which a lien is given by this section is situated. If situated in two or more counties the court first acquiring jurisdiction of a part of the property shall have jurisdiction of all the property described in such foreclosure suit. [Formerly 508.330; 1991 c.701 §7]
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[Repealed or reserved.]
ORS 508.530 Rules; reports; violation or falsification. (1) The State Fish and Wildlife Commission may make such rules and require such reports to be made as, in its judgment, are necessary to insure the collection and payment of the fee required by ORS 508.505
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(2) It is unlawful for any person to falsify any of the reports or to violate any of the rules made or required by the commission. [Formerly 508.335; 1991 c.701 §8]
ORS 508.535 Keeping record of food fish received and bought; inspection. (1) Every fish canner, fish buyer, retail fish dealer, fish bait dealer or wholesale fish dealer shall keep a record, of all food fish received and bought, in accordance with rules promulgated by the State Fish and Wildlife Commission. Such information may be required as is necessary to enable the commission to carry out its duties of conservation, protection, administration or enforcement under the commercial fishing laws without imposing undue hardship on the licensees
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(2) At least one copy of this record shall be kept: (a) On each boat, vessel, scow, pickup boat or other craft, truck, automobile, motor vehicle or other vehicle of any kind whatsoever used in buying, receiving or transporting the fish. (b) By the canner, buyer, retailer, fish ba…
ORS 508.540 Failure to keep or submit records or to pay fee. (1) In addition to the penalty prescribed by ORS 506.991, the State Fish and Wildlife Director, under the authority of the State Fish and Wildlife Commission, may suspend or revoke any license for which a fee is required under ORS 508.285 if the person holding the license fails to keep the record required by ORS 508.535 or fails to submit the books, records, papers or memoranda of the person for inspection, pursuant to ORS 508.535 (4), to any member of the commission or any of its representatives presenting written authority from the commission
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(2) The State Fish and Wildlife Director may suspend, deny the renewal of or refuse to issue any license for which a fee is required under ORS 508.285 if the person holding or applying for the license is more than 60 days past due in an amount of more than $400 owed: (a) From fee…
ORS 508.545 [Formerly 508.350; repealed by 1973 c.794 §34]
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[Repealed or reserved.]
ORS 508.550 Notwithstanding any other provision of this chapter, a person who holds a valid Oregon commercial fishing license may sell any species of food fish taken in lawful commercial fishing activity directly from the license holder’s boat, subject to the following conditions
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(1) The person must first obtain from the State Fish and Wildlife Commission an annual limited fish seller permit for such sales, the annual fee for which is: (a) $122 for resident applicants. (b) $182 for nonresident applicants. (2) The commission by rule may limit the number of…
ORS 508.605 [Repealed by 1961 c.232 §1]
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[Repealed or reserved.]
ORS 508.610 [Repealed by 1961 c.232 §1]
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[Repealed or reserved.]
ORS 508.615 [Repealed by 1961 c.232 §1]
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[Repealed or reserved.]
ORS 508.620 [Repealed by 1961 c.232 §1]
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[Repealed or reserved.]
ORS 508.625 [Repealed by 1961 c.232 §1]
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[Repealed or reserved.]
ORS 508.630 [Repealed by 1961 c.232 §1]
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[Repealed or reserved.]
ORS 508.635 [Amended by 1957 c.462 §1; repealed by 1961 c.232 §1]
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[Repealed or reserved.]
ORS 508.640 [Repealed by 1961 c.232 §1]
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[Repealed or reserved.]
ORS 508.645 [Amended by 1957 c.462 §2; repealed by 1961 c.232 §1]
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[Repealed or reserved.]
ORS 508.650 [Repealed by 1961 c.232 §1]
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[Repealed or reserved.]
ORS 508.655 [Repealed by 1961 c.232 §1]
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SALMON HATCHERY PERMITS
ORS 508.700 Permits for salmon hatcheries; fees. (1) The State Fish and Wildlife Commission may issue a permit, subject to such restrictions and regulations as the commission deems desirable, to any person to construct and operate a hatchery for
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(a) Chinook salmon, also known as Oncorhynchus tshawytscha; or (b) Chum salmon, also known as Oncorhynchus keta or dog salmon; or (c) Silver salmon, also known as Oncorhynchus kisutch or coho salmon; or (d) Pink salmon, also known as Oncorhynchus gorbuscha or humpback salmon. (2)…
ORS 508.705 Hearing for permits. (1) Prior to issuance of any permit by the State Fish and Wildlife Commission, a public hearing shall be held. Notice of the hearing shall be published at least once and at least 10 days prior to the hearing in a newspaper of general circulation in each of the counties in which the hearing is to be held, or if no such newspaper is published in that county or counties, then such a newspaper in an adjoining county
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(2) The hearing shall be conducted by either the commission or a representative designated by the commission. [1971 c.203 §2; 1975 c.253 §31]
ORS 508.710 Grounds for denial of permit. No permit shall be issued
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(1) Which may tend to deplete any natural run of anadromous fish or any population of resident game fish. (2) Which may result in waste or deterioration of fish. (3) If the proposed operation is to be located on the same stream or river or tributary thereof on which a state or fe…
ORS 508.715 Conditions of permits. Any permit granted by the State Fish and Wildlife Commission pursuant to ORS 508.700 to 508.745 shall contain at least the following conditions
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(1) All propagated fish released into state waters shall be marked annually at no less than the level of marking of the same species of fish by hatcheries operated by the commission for the purpose of determining contributions to ocean fisheries. (2) All propagated coho and chino…
ORS 508.718 Program for protecting natural runs and genetic diversity of anadromous fish stocks; rules; findings. (1) The Legislative Assembly finds that protecting the natural runs and genetic diversity of anadromous fish is essential to the long-term health of Oregon’s natural resources and sport and commercial fisheries
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(2) Not later than January 1, 1990, the State Department of Fish and Wildlife shall: (a) Develop and implement monitoring programs, consistent with ORS 508.715 (8) at a minimum level necessary to determine the proportion of straying of hatchery fish into the spawning beds of natu…
ORS 508.720 Altering terms of permits; findings; hearing; restoration of fish population. (1) If the State Fish and Wildlife Commission finds that the operation described in the permit is not in the best public interest, it shall alter the conditions of the permit to mitigate such adverse effects or may cause an orderly termination of the operation under the permit. Proceedings to cause such alteration or termination shall be conducted in accordance with ORS chapter 183. An orderly termination shall not exceed a four-year period and shall culminate in the revocation of the permit in its entirety. During this period the permittee may continue to examine and take specified propagated chum salmon, chinook salmon, silver salmon or pink salmon according to the provisions of the permit but may not release additional fish
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(2) If the commission finds the operation has caused deterioration of the natural run of anadromous fish or any population of resident game fish in the waters covered by the permit, it may require the permittee to return the fish populations to the same condition that existed pri…
ORS 508.725 Released fish as state property; consideration by commission of adverse economic impact on hatcheries. (1) All fish released under ORS 508.700 to 508.745 during the time they are in the wild will be the property of the state and may be taken under angling or commercial fishing laws of this state until they return to the private hatchery
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(2) In carrying out the provisions of ORS 496.162 or 506.129, the State Fish and Wildlife Commission shall not consider evidence of or argument regarding the prospect of adverse economic impact on the activities of hatcheries for which permits have been issued unless the commissi…
ORS 508.730 Disposal of salmon products. After first ensuring that all natural and artificial fish production needs of the State Department of Fish and Wildlife have been met, the State Fish and Wildlife Commission may provide at a reasonable fee chum salmon, chinook salmon, silver salmon or pink salmon, or the sexual products therefrom, for the needs of any person granted a permit by the commission pursuant to ORS 508.700 to 508.745 in the following order of priority
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(1) The needs of the salmon and trout enhancement program. (2) The needs of fish propagation facilities operated under contract or agreement with other state or federal agencies, local governments, special districts and nonprofit organizations. (3) The needs of all federal and ot…
ORS 508.735 Application of chapter to taking and sale of salmon. The provisions of this chapter shall apply to the taking and sale of chum salmon, chinook salmon, silver salmon or pink salmon artificially reared under any permit granted by the State Fish and Wildlife Commission pursuant to ORS 508.700 to 508.745. [1971 c.203 §8; 1973 c.356 §4; 1979 c.556 §4]
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[Repealed or reserved.]
ORS 508.737 Policy for marketing of salmon products. It is the policy of the State of Oregon that all holders of permits issued pursuant to ORS 508.700 to 508.745 are encouraged to market salmon products obtained pursuant to permit activities in such manner as to promote the development and growth of locally based industries and to provide the maximum benefit to the economy of this state. [1979 c.556 §7]
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[Repealed or reserved.]
ORS 508.740 Authority under ORS 508.700 to 508.745. (1) Nothing in ORS 508.700 to 508.745 is intended to give the permittee any equity in any of the waters or fish of the state
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(2) Nothing in ORS 508.700 to 508.745 shall imply an intent to permit commercial fishing in any rivers south of the mouth of the Columbia River except as provided in ORS 508.715 (5). [1971 c.203 §§9,10; 1989 c.817 §3]
ORS 508.745 Disposition of moneys received under ORS 508.700 to 508.745. All moneys received by the State Fish and Wildlife Commission under ORS 508.700 to 508.745 except those under ORS 508.735 shall be paid over to the State Treasurer to be held in a suspense account established under ORS 293.445. After the payment of costs of administration incurred by the commission in carrying out the provisions of ORS 508.700 to 508.745, that portion of the balance of the moneys in this suspense account as of the end of each fiscal year shall be deposited to the General Fund for general governmental purposes. [1971 c.203 §11]
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COMMERCIAL FISHERY PERMIT BOARD
ORS 508.755 Membership; duties; meetings; expenses. (1) There is established within the State Department of Fish and Wildlife the Commercial Fishery Permit Board. The board shall consist of members appointed by the State Fish and Wildlife Commission as follows
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(a) Three members shall be chosen to represent the Columbia River gillnet salmon fishing industry. (b) Three members shall be chosen to represent the ocean troll salmon fishing industry. (c) Three members shall be chosen to represent the ocean pink shrimp fishing industry. (d) Th…
ORS 508.760 (1) Notwithstanding any other provision of the commercial fishing laws, in order to provide a sea urchin (Strongylocentrotus franciscanus, S. purpuratus and S. droebachiensis) commercial fishery with optimum profits to those engaged in the fishery and to prevent a concentration of fishing effort that would deplete the resource, the State Fish and Wildlife Commission, by rule, shall establish a system for limiting participation in the sea urchin commercial fishery. Any such system may include, but is not limited to, provisions on the following matters
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(a) Establishment of criteria for initial entry into fishery participation and for annual qualification for participation thereafter. (b) Establishment of terms and conditions for transferring participation rights. (2)(a) The annual fee to participate in the sea urchin fishery is…
ORS 508.762 Review of denial of sea urchin permit renewal or transfer; fee; rules. (1) A person whose application for renewal or transfer of a permit established pursuant to ORS 508.760 is denied may make written request to the Commercial Fishery Permit Board for review of the denial. The review provided in this subsection is in lieu of any such review by the State Department of Fish and Wildlife or the State Fish and Wildlife Commission. The request shall be in such form and shall contain such information as the board considers appropriate. The request shall be accompanied by a nonrefundable fee of $125. Such fee shall apply toward the permit fee of an applicant seeking review who is successful in obtaining a permit
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(2) The board shall review a denial of an application for renewal or request to transfer a permit according to the applicable provisions of ORS chapter 183. Orders issued by the board are not subject to review by the commission, but may be appealed as provided in ORS 183.480 to 1…
ORS 508.765 (1) Notwithstanding any other provision of the commercial fishing laws, in order to provide a roe-herring commercial fishery with optimum profits to those engaged in the fishery and to prevent a concentration of fishing effort that would deplete the resource, the State Fish and Wildlife Commission, by rule, shall establish a system for limiting participation in the roe-herring commercial fishing. Any such system may include, but is not limited to, provisions on the following matters
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(a) Establishment of criteria for initial entry into fishery participation and for annual qualification for participation thereafter. (b) Establishment of terms and conditions for transferring participation rights. (2)(a) The annual fee to participate in the roe-herring fishery i…
ORS 508.775 Vessel permit required to engage in fishery; purchase of fish by dealer from individual without permit prohibited. (1) Notwithstanding any other provision of the commercial fishing laws, it is unlawful for an individual to operate a vessel in the Columbia River gillnet salmon fishery without first obtaining a vessel permit issued pursuant to ORS 508.775 to 508.796. However, an individual who holds valid commercial fishing licenses and vessel permits required by and issued pursuant to the laws of the State of Washington for commercial salmon fishing in the Columbia River may land salmon in this state that were taken in the Columbia River gillnet salmon fishery without the permit otherwise required by this subsection
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(2) Notwithstanding any other provision of the commercial fishing laws, it is unlawful for a wholesaler, canner or buyer to buy or receive salmon taken in the Columbia River gillnet fishery from an individual who does not have the permit required by subsection (1) of this section…
ORS 508.778 Prohibition on issuance of new permits. On or after March 27, 2024, new vessel permits may not be issued. [1979 c.679 §3; 1981 c.365 §40; 1989 c.940 §3; 1995 c.602 §5; 2024 c.48 §2]
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[Repealed or reserved.]
ORS 508.781 Renewal of permit; rules. An individual who obtained the permit required by ORS 508.775 for a particular calendar year is eligible to obtain renewal of the permit in a subsequent calendar year, upon application and payment of the fees therefor by December 31 of the permit year or by such date as may be specified by rule of the State Department of Fish and Wildlife. [1979 c.679 §4; 1981 c.365 §12; 1995 c.602 §6; 2007 c.768 §7]
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[Repealed or reserved.]
ORS 508.784 Considerations in determining eligibility for permit. In making determinations regarding renewal of the permits required by ORS 508.775, the State Department of Fish and Wildlife and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements department records and such receipts, accounts, contracts and other business records of private parties as the department or the board consider reliable evidence of the qualifications or requirements in question. [1979 c.679 §5; 1989 c.940 §4]
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[Repealed or reserved.]
ORS 508.787 Permit revocation procedure. The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a permit required by ORS 508.775 in the manner provided in ORS 508.485 (1) and 508.490. [1979 c.679 §6; 2013 c.164 §2]
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[Repealed or reserved.]
ORS 508.790 (1) The annual fee for the vessel permit required by ORS 508.775 is
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(a) $152 for resident applicants. (b) $212 for nonresident applicants. (2) Applications shall be in such form and contain such information as the State Department of Fish and Wildlife, by rule, may prescribe.
ORS 508.792 [1989 c.940 §5b; 1995 c.602 §7; repealed by 2024 c.48 §1]
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[Repealed or reserved.]
ORS 508.793 Permit transfer restrictions; fee. (1) The vessel permit required by ORS 508.775 is transferable
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(a) To a replacement vessel of the permit holder. (b) To the purchaser of the vessel when the vessel is sold. (2) Notwithstanding subsection (1) of this section, upon request of a permit holder, the State Department of Fish and Wildlife may authorize transfer of a permit to a rep…
ORS 508.796 Review of permit denial; fee; rules; limitation on transfer of certain permits. (1) An individual whose application for renewal of the permit required by ORS 508.775 is denied by the State Department of Fish and Wildlife may make written request to the Commercial Fishery Permit Board for review of the denial. The review provided in this subsection is in lieu of any such review by the department or the State Fish and Wildlife Commission. The request shall be in such form and shall contain such information as the board considers appropriate. The request shall be accompanied by a nonrefundable fee of $125. Such fees shall apply toward the permit fee of successful applicants
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(2) In accordance with any applicable provision of ORS chapter 183, the board shall review denials of applications for renewal of permits. Orders issued by the board are not subject to review by the commission, but may be appealed as provided in ORS 183.480 to 183.500. The board …
ORS 508.800 [1983 c.419 §2; renumbered 508.765 in 1987]
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(Ocean Troll Salmon Fishery)
ORS 508.801 Vessel permit required to engage in fishery; purchase of fish by dealer from individual without permit prohibited. (1) Notwithstanding any other provision of the commercial fishing laws, it is unlawful for an individual to operate a vessel in the ocean troll salmon fishery without first obtaining a vessel permit issued pursuant to ORS 508.801 to 508.825
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(2) Notwithstanding any other provision of the commercial fishing laws, it is unlawful for a wholesaler, canner or buyer to buy or receive salmon taken in the ocean troll fishery from a vessel for which the permit required by subsection (1) of this section has not been issued. (3…