Title 42, Commercial Fishing and Fisheries

The definitions prescribed by ORS 506.001 to 506.025 apply to this chapter. [1965 c.570 §58]

This chapter does not apply to oysters or to any activity of any person relating to oysters. [1965 c.570 §59b]

(1) It is unlawful for any person, without first procuring a license from the State Fish and Wildlife Commission, to: (a) Take food fish in any of the waters of this state for commercial purposes or land food fish in this state for commercial purposes. (b) Buy, sell or otherwise …

It is unlawful for any individual to operate, or leave in a condition to take food fish in any of the waters of this state, any fishing gear used in taking food fish, without first obtaining from the State Fish and Wildlife Director or the authorized agent of the director such li…

(1) Separate licenses are required for each: (a) Person other than an employee operating as a canner of food fish. (b) Person other than an employee operating as a wholesale fish dealer, for each separate place of business. (c) Individual acting or engaged as a fish buyer by a pe…

It is unlawful for a wholesaler, canner or buyer to buy or receive food fish from a person who the wholesaler, canner or buyer does not have reasonable cause to believe is licensed as required under ORS 508.035, unless such person is exempt from the requirements of ORS 508.035. […

Notwithstanding ORS 508.025 and 508.035, no license is required to handle or deal in food fish and shellfish for human consumption as a retail fish dealer. [1965 c.570 §63; 1969 c.172 §2; 1971 c.540 §5]

(1) Upon receiving a written application therefor, accompanied by a fee of $30, the State Fish and Wildlife Commission may issue to any person a permit to take carp or other nongame fish. (2) The kind or kinds of fish, the method to be used and the name and location of the body o…

The State Fish and Wildlife Director may issue to any person a permit to take food fish solely for educational and scientific purposes. [1965 c.570 §64a]

(1)(a) The State Fish and Wildlife Director may issue to any person a permit to take animals living intertidally on the bottom. (b) The annual fee for a resident permit issued under this section is $140. (c) The annual fee for a nonresident permit issued under this section is $19…

(1) Any juvenile may secure from the State Fish and Wildlife Commission free of charge a juvenile jig line license to take herring, pilchard, perch, anchovies and candlefish by a hand or jig line and to sell such fish so taken by the juvenile to a wholesale fish dealer or a fish …

(1) An organizer of a fishing derby may apply for and obtain from the State Fish and Wildlife Commission a fishing derby license to take northern pikeminnow and to sell, for charitable fund-raising purposes, northern pikeminnow taken during the duration of the derby. A fee may no…

(1) A commercial fishing license must be obtained by each individual who, for commercial purposes: (a) Takes or assists in the taking of any food fish from the waters or land of this state; (b) Operates or assists in the operation of any boat or fishing gear for the taking of foo…

It is unlawful for any person licensed to take food fish for commercial purposes, as required under ORS 508.035, to: (1) Keep any food fish the person takes under such license for personal use; or (2) Sell any food fish the person takes under such license to other than a wholesal…

(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. (2) A pair of decals bearing the last two numbers of the year for which the license is issued shall b…

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 f…

(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. (2) Crab pots shall be reported to the count…

(1) The fee for each license required by this chapter is as follows: (a) Resident boat license for a vessel less than 50 feet in length, $392. (b) Nonresident boat license for a vessel less than 50 feet in length, $448. (c) Resident boat license for a vessel 50 feet in length or …

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: (1) Ocean Troll Salmon Fishery permit issued under ORS 508.816, $65. (2) Columbia River Gillnet Fishe…

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]

(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. (2) The State Fish and Wildlife Commissio…

(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. (2) The license for the purpose authorized in this section is in lieu of the commercial fishing and boat licenses required under ORS 508.23…

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 f…

(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 administ…

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 …

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 comme…

(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…

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 pro…

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 …

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 charg…

Licenses may not be transferred from one licensee to another.

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…

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 du…

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]

(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 remainde…

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 issuanc…

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 is…

No person shall: (1) Alter, borrow or loan to any other person any license or permit issued by the department. (2) In applying for a license or permit issued by the State Department of Fish and Wildlife knowingly make any false statement of any information required by the applica…

(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 c…

(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 pa…

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…

(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: (a) In another state, territory or possession of the United States…

(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. (2) The fee shall be accompanied by a report showing the total number of pounds of all varieties of food fi…

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 …

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 s…

(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. (2) It is unlawful for any person to falsify any of the reports or to vio…

(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 neces…

(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 t…

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: (1) The pe…

(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: (a) Chinook salmon, also known as Oncorhynchus tshawytscha; or (b) Chum salmon, al…