Chapter 508 — Chapter 508

ORS 508.250 [1965 c.570 §79; repealed by 1973 c.768 §20]

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ORS 508.255 [1965 c.570 §80; repealed by 1973 c.768 §20]

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ORS 508.257 [1969 c.172 §7; repealed by 1973 c.768 §20]

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ORS 508.260 Boat license; plates; decals; rules. (1) A boat license must be obtained by the owner or operator of any boat used in taking food fish or shellfish for commercial purposes except for the taking of clams or crayfish

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ORS 508.265 Boat licensing constitutes registration for purposes of federal laws. The licensing of any boat pursuant to this chapter to take food fish for commercial purposes from the waters of this state or land food fish from the waters of the Pacific Ocean at any point in this state shall constitute registration of such vessel under the laws of this state for the purposes of section 306(a) of the Fishery Conservation and Management Act of 1976 (Act of April 13, 1976, 90 Stat. 331). [1977 c.202 §2]

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ORS 508.270 Fishing, boat license fees in lieu of other taxes and licenses on crab pots; reports to county assessor. (1) Either the commercial fishing license required by ORS 508.235 or the boat license required by ORS 508.260 is in lieu of all taxes and licenses on crab pots used by a person so licensed or used in connection with a boat so licensed

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ORS 508.285 (1) The fee for each license required by this chapter is as follows

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ORS 508.288 Commercial fishing permit surcharges. In addition to the fees otherwise prescribed by law, the issuer of each of the following permits shall charge and collect the following surcharges each time the permit is issued

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ORS 508.290 [Formerly 508.230; 1967 c.322 §2; repealed by 1975 c.130 §2 and 1975 c.253 §40]

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ORS 508.300 Albacore tuna landing license in lieu of other licenses. Notwithstanding any other provision of this chapter, the only license required for landing albacore tuna from the waters of the Pacific Ocean at any point in this state is an albacore tuna landing license. [1973 c.768 §17]

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ORS 508.305 [Amended by 1957 s.s. c.9 §1; 1963 c.197 §1; 1965 c.310 §1; renumbered 508.505]

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ORS 508.306 Fish bait dealer license; authority of commission to designate fish or shellfish bait. (1) Any person may obtain a fish bait dealer license to purchase food fish directly from a commercial fisherman licensed under ORS 508.235 or commercial bait fisherman licensed under ORS 508.312, for retail sale as fish or shellfish bait

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ORS 508.310 [Amended by 1965 c.570 §86; renumbered 508.515]

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ORS 508.312 Commercial bait fishing license; license in lieu of commercial fishing and boat licenses. (1) Any individual may obtain a commercial bait fishing license to take food fish for sale to a fish bait dealer licensed under ORS 508.306

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ORS 508.315 [Repealed by 1965 c.570 §152]

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ORS 508.316 Disqualification from receiving more than one single delivery license. Except as provided in ORS 508.843 and 508.883, the State Fish and Wildlife Director shall not issue a boat more than one single delivery license under ORS 508.285 during a 12-month period as established by rule of the director. For purposes of this section, the disqualification from receiving additional single delivery licenses shall apply to a boat without regard to ownership or changes in ownership. [1999 c.164 §2]

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ORS 508.320 [Amended by 1963 c.197 §2; 1965 c.310 §2; renumbered 508.510]

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ORS 508.325 [Renumbered 508.520]

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ORS 508.326 Commercial Fisheries Fund; uses. (1) The Commercial Fisheries Fund is created in the State Treasury, separate and distinct from the General Fund. Except as provided in ORS 506.690, all moneys in the Commercial Fisheries Fund are appropriated continuously to the State Fish and Wildlife Commission for the administration and enforcement of the commercial fishing laws and for the management, propagation, research, habitat improvement and other activities that protect, maintain or enhance the food fish resource of this state. Interest earned on moneys in the fund shall be credited to the fund

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ORS 508.330 [Renumbered 508.525]

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ORS 508.335 [Amended by 1965 c.570 §87; renumbered 508.530]

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ORS 508.340 [Amended by 1961 c.373 §1; 1963 c.197 §3; 1965 c.570 §88; renumbered 508.535]

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ORS 508.345 [Amended by 1961 c.373 §2; 1965 c.570 §89; renumbered 508.540]

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ORS 508.350 [Renumbered 508.545]

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ORS 508.355 [Repealed by 1963 c.197 §4]

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ORS 508.360 [Repealed by 1963 c.197 §4]

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ORS 508.405 [Amended by 1963 c.196 §1; repealed by 1965 c.570 §65 (508.406 enacted in lieu of 508.405)]

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ORS 508.406 Director or agent to issue and renew licenses. The State Fish and Wildlife Director or the authorized agent of the director shall issue or renew any license required by the commercial fishing laws to a qualified person upon proper application and payment of the license fee required by ORS 508.285. [1965 c.570 §66 (enacted in lieu of 508.405)]

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ORS 508.407 [Repealed by 1965 c.570 §152]

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ORS 508.410 Contents of license applications. All applications for licenses under ORS 508.406 shall be made on blanks furnished by the State Fish and Wildlife Director and shall contain such information as the State Fish and Wildlife Commission determines to be necessary for proper administration and enforcement of the commercial fishing laws. [Amended by 1957 c.208 §1; 1963 c.196 §2; 1965 c.570 §67]

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ORS 508.413 [1963 c.246 §1; repealed by 1965 c.67 §4]

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ORS 508.415 Security for fees. (1) In case of license applications by canners or wholesalers, the State Fish and Wildlife Director, in addition to license fees provided by law, may exact from the applicant a bond from a corporate surety, authorized to do business in this state, guaranteeing the payment of fees, if the director considers such action is necessary to insure compliance with ORS 508.505 to 508.540

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ORS 508.420 [Amended by 1955 c.168 §1; 1963 c.196 §4; repealed by 1965 c.570 §152]

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ORS 508.425 [Amended by 1961 c.168 §1; repealed by 1965 c.570 §152]

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ORS 508.430 [Amended by 1963 c.196 §5; repealed by 1965 c.570 §152]

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ORS 508.435 [Amended by 1961 c.181 §1; repealed by 1965 c.570 §152]

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ORS 508.440 [Repealed by 1961 c.233 §1]

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ORS 508.445 Certificate evidence as to license issuance. In all prosecutions requiring proof as to the issuance or nonissuance of a license by the State Fish and Wildlife Director under any of the laws of this state, the certificate of the director as to the issuance or nonissuance of the license by the director shall be sufficient proof on that question to establish the fact. This certificate shall be admitted in evidence as to the issuance or nonissuance of the license in any such prosecution

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ORS 508.450 Contents of license. Each license issued under ORS 508.406 shall be numbered and dated by the State Fish and Wildlife Director or an authorized agent and contain the site or address where the appliance or business is located and the name of the person to whom the license is granted. [Amended by 1957 c.132 §1; 1963 c.196 §6]

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ORS 508.455 [Amended by 1955 c.122 §1; repealed by 1965 c.570 §152]

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ORS 508.460 Oregon-Washington reciprocity on gillnet licenses. All gillnet licenses issued by the States of Oregon and Washington are valid as to the waters of the Columbia River in Oregon and Washington, as though issued by the department of fisheries of either state. The department of fisheries of each state or the officials who have charge of issuing licenses shall furnish to each other the names of licensees and the number of the licenses, without cost or expense to either state

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ORS 508.465 Licenses nontransferable. Licenses may not be transferred from one licensee to another

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ORS 508.470 When licenses expire; renewal. All licenses for which fees are provided for under ORS 508.285 unless otherwise specified in law expire as of midnight, December 31, following the dates of their issuance or on such date as may be specified by rule of the State Department of Fish and Wildlife. The licenses may be renewed annually thereafter upon application and payment of fees required therefor. [Amended by 1959 c.123 §1; 1961 c.374 §3; 1963 c.196 §7; 1965 c.570 §71; 1977 c.245 §4; 1979 c.679 §12; 2007 c.768 §6]

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ORS 508.475 Failure to renew license for fixed fishing gear constitutes abandonment; exception for Armed Forces. The failure to renew the license, or make application therefor, for any location for a fixed fishing gear in any of the waters of this state, on January 1 of any year, constitutes abandonment of the location. However, any licensee entering the Armed Forces of the United States during any period which would qualify the licensee as a veteran, as defined in ORS 408.225, is not deemed to have abandoned such location or gear so licensed, either by reason of absence from the location during such service or by failure to renew the license as required. Such licensee may file application for renewal of the license at any time following the date of release from the Armed Forces of the United States, until January 1 of the following year, and shall have preference over other persons therefor. [Amended by 1965 c.570 §72; 2009 c.41 §21]

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ORS 508.480 Failure to construct or install fishing gear held to be abandonment. Should the holder of any license neglect to construct or install at the site the fishing gear called for by the license during two consecutive years covered by the license, the location shall be deemed abandoned. [Amended by 1965 c.570 §73]

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ORS 508.485 Revocation of license or permit for violation of commercial fishing laws or rules or theft of crab fishing gear. (1) Except for vessel licenses described in ORS 508.285 and 508.470 and vessel permits described in ORS 508.775 to 508.796, 508.801 to 508.825, 508.880, 508.883, 508.889 to 508.910 and 508.926, the State Fish and Wildlife Commission may, in its discretion, revoke for the remainder of the license or permit year any license or permit issued to a person under the authority of the commission, or the State Fish and Wildlife Director, pursuant to the commercial fishing laws, and in its discretion may refuse the issuance of any license or permit issued under the authority of the commission, or director, pursuant to the commercial fishing laws, during any period not to exceed one year from the date of the license or permit revocation order

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ORS 508.490 Refusal to issue license or permit pursuant to commercial fishing laws within two years after revocation. Except for vessel licenses described in ORS 508.260, 508.285 and 508.470 and vessel permits described in ORS 508.775 to 508.796, 508.801 to 508.825, 508.880, 508.883, 508.889 to 508.910 and 508.926, the State Fish and Wildlife Commission may, in its discretion, refuse the issuance of any license or permit issued under the authority of the commission, or the State Fish and Wildlife Director, pursuant to the commercial fishing laws, during any period not to exceed two years from the date of the license or permit revocation order

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ORS 508.495 Certificate in lieu of lost or destroyed license; fee. Upon the receipt of a fee of $16.50 and the filing of an affidavit that a license issued under authority of ORS 508.406 has been lost or destroyed, the State Fish and Wildlife Director or the authorized agent of the director shall issue a certificate that such license has been issued and has been lost or destroyed. Except as provided in ORS 508.260, the certificate may be used in lieu of the lost or destroyed license. [1957 c.140 §1; 1965 c.570 §76; 1973 c.768 §18; 2009 c.832 §23]

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ORS 508.500 Alteration, false application and multiple possession of licenses prohibited. No person shall

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ORS 508.502 Seller operation of vessel pending proceeding against buyer; rules. (1) In a circuit court proceeding concerning a claim by a seller of a vessel permit transferable under ORS 508.760, 508.793, 508.864, 508.907, 508.936 or 508.957 that the buyer of the vessel permit has failed to fulfill one or more terms of the sale, the seller may petition the circuit court for a preliminary injunction requiring the State Department of Fish and Wildlife and the Commercial Fishery Permit Board to take such actions as are necessary to allow the seller to continue to operate a vessel in the appropriate fishery during the pendency of the proceeding. An order granting a preliminary injunction under this section must include a finding that allowing the seller to continue to operate a vessel in the appropriate fishery during the pendency of the proceeding will not cause excessive harvest pressure on the fishery resource

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