Title 42, Commercial Fishing and Fisheries

(1) The possession or custody of food fish on, near, adjacent to or in the vicinity of any waters of this state, during the closed season on such waters, is prima facie evidence that such fish were unlawfully taken during the closed season on such waters. (2) In all cases where s…

The State Fish and Wildlife Director or authorized agent may enter and inspect all canneries, cold storage houses, packing establishments, business places, boats, fishing gear, and all property used in the taking, processing and packing of food fish, for the purpose of enforcing …

In any action or proceeding for the enforcement of any of the provisions of the commercial fishing laws, or in any investigation before a grand jury, district attorney or other officer, or any criminal proceeding, no person shall be excused from testifying concerning any offense …

Any fishing gear used in violation of the commercial fishing laws, including boats or vehicles of any kind and other appliances, is subject to execution for the payment of fines and costs provided for in the commercial fishing laws. [1965 c.570 §55]

(1) All fish taken by or in the possession of any person in violation of the commercial fishing laws or the rules of the State Fish and Wildlife Commission shall be seized by any member of the commission or any officer described in ORS 506.521. (2) Any fish seized under the provi…

(1) All boats, fishing gear and vehicles used in violation of the commercial fishing laws or the rules of the State Fish and Wildlife Commission may be seized, and piling driven for the sole or primary purposes of violation of such laws may be removed, by any member of the commis…

(1) At any time after the seizure mentioned in ORS 506.695, but before the entry of judgment pursuant to ORS 506.695, the owner of the seized property may require the return thereof upon giving to the agency that seized the property a written undertaking, executed by sufficient s…

(1) The State Fish and Wildlife Commission may institute suit for the recovery of damages for the unlawful taking, possession or killing of food fish that are the property of the state. (2) The damages shall be twice the fair market value of the food fish. (3) The commission shal…

The Legislative Assembly finds and declares that: (1) The preservation of complex interrelationships of marine environment within the continental shelf of the Pacific Ocean off the coast of the State of Oregon is necessary to conserve coastal species of fish and to guarantee the …

(1) The State of Oregon adopts a Fisheries Conservation Zone for the maintenance, preservation and protection of all coastal species of fish and other marine fisheries resources between the mean high water mark of the state and a straight line extension of the lateral boundaries …

In order to obtain uniform names to be used for the marketing of fish: (1) The common names Pacific red snapper, Pacific snapper, Oregon red snapper, Oregon snapper, red snapper and snapper may be used as alternate names for the purpose of marketing the following fish: (a) Widow …

Any person who counsels, aids or assists in any violation of the commercial fishing laws shall incur the penalties provided for the person guilty of such violation. [1981 c.365 §18]

(1) The State Department of Fish and Wildlife shall establish a Tillamook Bay Clam Advisory Committee. (2) The department shall appoint to the committee a balance of persons who take bay clams for commercial purposes, take bay clams for noncommercial purposes, are members of a gr…

(1) Except as otherwise provided by this section or other law, violation of any provision of the commercial fishing laws, or of any rule adopted by the State Fish and Wildlife Commission in carrying out the commercial fishing laws, is a Class A misdemeanor if the offense is commi…

(1) As used in this section, “gain” means the amount of money and the value of any property derived from the violation. (2) In addition to any other sanction imposed by law, if a person derives a gain of at least $5,000 from violating any commercial fishing law or rule promulgate…

Congress, by virtue of the authority vested in it under section 10, Article I, United States Constitution, providing for compacts and agreements between states, having ratified the recommendations of the conference committees of the States of Oregon and Washington, appointed to a…

The waters over which the States of Oregon and Washington are deemed to have concurrent jurisdiction comprise the waters of the Columbia River and its tributaries, within the confines of the States of Oregon and Washington, where such waters are state boundaries.

(1) The State Fish and Wildlife Commission, on behalf of the State of Oregon, may enter into an agreement with the constituted authority of the State of Washington, to modify the existing agreement with respect to fishing in the waters of the Columbia River and its tributaries, w…

A compact, in form as in this section fully set forth, shall be in effect when one or both of the States of California and Washington become parties thereto, and the consent of Congress has been granted as required by section 10, Article I, of the Constitution of the United State…

(1) The State Fish and Wildlife Director, one legislator appointed as provided in this section and one public member appointed by the Governor shall act as representatives of the State of Oregon on the Pacific States Marine Fisheries Commission in accordance with the provisions o…

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…