justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 496 — Application, Administration

ORS 496.820. Permit or license fee. (1) Any person applying for a permit to appropriate water for hydroelectric purposes under ORS 537.150 to 537.252 or any person applying for a preliminary permit or license under ORS 543.010 to 543.610 shall pay an administration fee of $350 to the State Department of Fish and Wildlife. (2) If a person pays the administration fee under subsection (1) of this section at the time the person applies for a preliminary permit under ORS 543.210, the person shall not also be required to pay the fee when applying for a license for the same project under ORS 543.010 to 543.610.
ORS Chapter 496 — Application, Administration

ORS 496.825. Application fee; exception. (1) In addition to any other fee required by law, at the time the person applies to the Water Resources Department for a license to operate a hydroelectric project under ORS 543.010 to 543.610 or for a permit to appropriate water for hydroelectric purposes under ORS 537.150 to 537.230, the person shall pay to the State Fish and Wildlife Director an application fee the amount of which shall be the greater of: (a) $1,000; or (b) Thirty-five cents for each kilowatt of proposed capacity of the project. (2) The director shall postpone the payment of the fee under subsection (1) of this section for a permit to appropriate water under ORS 537.150 to 537.230 until the person submits final plans and specifications for the project to the Water Resources Department under ORS 537.150. (3) Subsection (1) of this section shall not apply to any applicant for a permit or license for a project producing 100 theoretical horsepower or less.
ORS Chapter 496 — Application, Administration

ORS 496.830. Penalty fee. A person who fails to pay the fee required under section 4, chapter 674, Oregon Laws 1985, or the assessment under section 5, chapter 674, Oregon Laws 1985, or ORS 543.265 on the due date shall pay in addition to the assessed amount due, a penalty in the amount of one percent of the fee per month for the period that the fee is past due. The State Fish and Wildlife Director may bring an action to collect an unpaid fee or assessment in the name of the State of Oregon in the Circuit Court of Marion County or the circuit court of the county in which the project is located. The director shall be entitled to recover all costs and attorney fees incurred in the legal action.
ORS Chapter 496 — Application, Administration

ORS 496.835. Oregon Fish and Wildlife Hydroelectric Fund. (1) There is created within the State Treasury a revolving fund known as the Oregon Fish and Wildlife Hydroelectric Fund, separate and distinct from the General Fund. The moneys in this fund are continuously appropriated for use by the State Department of Fish and Wildlife in its activities related to hydroelectric projects including payment of necessary administrative expenses. (2) The fund created by subsection (1) of this section shall consist of all moneys received under sections 4 and 5, chapter 674, Oregon Laws 1985, ORS 496.820 and
ORS Chapter 496 — Application, Administration

ORS 496.850. Community outreach and education regarding recreational harvesting of shellfish. (1) The State Department of Fish and Wildlife shall establish and administer a program for community outreach and education to provide residents of this state with guidance and instruction regarding opportunities for the recreational harvesting of shellfish. The department shall make information readily available to schools and members of the public through: (a) Internet or other electronic means; (b) Regulatory signs; (c) Brochures, maps and other printed material; (d) Workshops and clinics; and (e) Special outreach events. (2) In carrying out the program described in subsection (1) of this section, the department shall cooperate with Indian tribes and the Department of State Police in efforts to enhance the enforcement of commercial and recreational shellfish catch limits. [2019 c.654 6] Note:
ORS Chapter 496 — Application, Administration

ORS 496.860. Authorization to remove nonindigenous aquatic species. Notwithstanding ORS 498.042 and 509.112 and any other provision of the wildlife laws or commercial fishing laws, the State Department of Fish and Wildlife may authorize any person to remove from a specified area and dispose of a nonindigenous aquatic species if the department determines that the nonindigenous aquatic species is adversely affecting any population of native fish species within that area. [2023 c.48 2] Note:
ORS Chapter 496 — Application, Administration

ORS 496.990. [Amended by 1967 c.523 1; repealed by 1973 c.723 130] PENALTIES
ORS Chapter 496 — Application, Administration

ORS 496.994. Obstructing the taking of wildlife prohibited. (1) A person commits the offense of obstructing the taking of wildlife if the person, having no right to do so, interferes with the lawful taking, or the process of taking, of wildlife by another with the intent to prevent the taking. (2) Obstructing the taking of wildlife is a Class A misdemeanor.
ORS Chapter 496 — Application, Administration

ORS 496.996. Attempts to take wildlife decoy as unlawful wildlife taking. (1) A person commits the crime of unlawful taking of wildlife if: (a) The person discharges a firearm or other hunting device, traps, or acts toward a wildlife decoy in any manner consistent with an unlawful taking of wildlife; and (b) The wildlife decoy is under the control of law enforcement officials. (2) As used in this section, wildlife decoy means any simulation or replication of wildlife, in whole or in part, used by law enforcement officials for purposes of enforcing state wildlife laws. [1995 c.125 2] _______________
ORS Chapter 506 — . Application,

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.
ORS Chapter 506 — . Application,

ORS 506.005. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

ORS 506.006. General definitions. As used in the commercial fishing laws, unless the context requires otherwise: (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 floating craft, powered, towed, rowed or otherwise propelled which is used for landing or taking food fish. (3) Buy includes offer to buy, barter, exchange or trade. (4) Commercial purposes means taking food fish with any gear unlawful for angling, or taking or possessing food fish in excess of the limits permitted for personal use, or taking, fishing for, handling, processing, or otherwise disposing of or dealing in food fish with the intent of disposing of such food fish or parts thereof for profit, or by sale, barter or trade, in commercial channels. (5) Commission means the State Fish and Wildlife Commission created by ORS 496.090. (6) Department means the State Department of Fish and Wildlife. (7) Director means the State Fish and Wildlife Director appointed pursuant to ORS 496.112. (8) Fishing gear means any appliance or device intended for or capable of being used to take food fish except by angling. (9) Fixed fishing gear includes but is not limited to stationary gear operated at a fixed location. (10) Personal use means taking or fishing for food fish by angling or by such other means and with such gear as the commission may authorize for fishing for personal use, or possessing the same for the use of the person fishing for, taking or possessing the same and not for sale or barter. (11) Sell includes offer or possess for sale, barter, exchange or trade. (12) Take means fish for, hunt, pursue, catch, capture or kill or attempt to fish for, hunt, pursue, catch, capture or kill. (13) Transport means transport by any means, and includes offer or receive for transportation. (14) Waters of this state means all waters over which the State of Oregon has jurisdiction, or joint or other jurisdiction with any other state or government, including waters of the Pacific Ocean and all bays, inlets, lakes, rivers and streams within or forming the boundaries of this state.
ORS Chapter 506 — . Application,

ORS 506.010. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

ORS 506.011. Types of marine life defined. As used in the commercial fishing laws, unless the context requires otherwise: (1) Anadromous fish includes but is not limited to salmon, as defined in ORS
ORS Chapter 506 — . Application,

ORS 506.015. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

ORS 506.016. commonly known as shad; Acipenser medirostris and Acipenser transmontanus, commonly known as sturgeon; and Thaleichthys pacificus, commonly known as smelt. (2) Animals living intertidally on the bottom includes but is not limited to starfish, sea urchins, sea cucumbers, snails, bivalves, worms, coelenterates and shore, hermit and other small crabs not included within subsection (1) or (7) of this section. (3) Black rockfish means Sebastes melanops, commonly known as black rockfish. (4) Blue rockfish means Sebastes mystinus, commonly known as blue rockfish. (5) Food fish means any animal over which the State Fish and Wildlife Commission has jurisdiction pursuant to ORS 506.036. (6) Nearshore fish means: (a) Enophrys bison, commonly known as buffalo sculpin; (b) Hemilepidotus hemilepidotus, commonly known as red Irish lord; (c) Hemilepidotus spinosus, commonly known as brown Irish lord; (d) Scorpaenichthys marmoratus, commonly known as cabezon; (e) Hexagrammos decagrammus, commonly known as kelp greenling; (f) Hexagrammos lagocephalus, commonly known as rock greenling; (g) Hexagrammos stelleri, commonly known as whitespotted greenling; (h) Oxylebius pictus, commonly known as painted greenling; (i) Sebastes atrovirens, commonly known as kelp rockfish; (j) Sebastes auriculatus, commonly known as brown rockfish; (k) Sebastes carnatus, commonly known as gopher rockfish; (L) Sebastes caurinus, commonly known as copper rockfish; (m) Sebastes chrysomelas, commonly known as black and yellow rockfish; (n) Sebastes dalli, commonly known as calico rockfish; (o) Sebastes maliger, commonly known as quillback rockfish; (p) Sebastes miniatus, commonly known as vermilion rockfish; (q) Sebastes nebulosus, commonly known as china rockfish; (r) Sebastes nigrocinctus, commonly known as tiger rockfish; (s) Sebastes rastrelliger, commonly known as grass rockfish; (t) Sebastes serranoides, commonly known as olive rockfish; or (u) Sebastes serriceps, commonly known as treefish. (7) Shellfish includes but is not limited to abalone, clams, crabs, crayfish or crawfish, mussels, oysters, piddocks, scallops and shrimp.
ORS Chapter 506 — . Application,

ORS 506.020. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

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]
ORS Chapter 506 — . Application,

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.
ORS Chapter 506 — . Application,

ORS 506.030. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

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. (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 event that such act conflicts with any provision of the wildlife laws of this state.
ORS Chapter 506 — . Application,

ORS 506.035. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

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
ORS Chapter 506 — . Application,

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
ORS Chapter 506 — . Application,

ORS 506.050. 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. (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 duty of protection, preservation, propagation, cultivation, development and promotion of all fishes under its jurisdiction is delegated to and imposed upon the commission. (4) The commission has no regulatory authority or jurisdiction over the commercial cultivation of oysters in the waters of this state. However, nothing in this subsection is intended to affect the authority of the commission under ORS 509.140.
ORS Chapter 506 — . Application,

ORS 506.105. [Amended by 1973 c.271 2; repealed by 1975 c.253 40]
ORS Chapter 506 — . Application,

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: (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 enjoyment of food fish. (3) To permit an optimum and equitable utilization of available food fish. (4) To develop and maintain access to the lands and waters of the state and the food fish resources thereon. (5) To regulate food fish populations and the utilization and public enjoyment of food fish in a manner that is compatible with other uses of the lands and waters of the state and provides optimum commercial and public recreational benefits. (6) To preserve the economic contribution of the sports and commercial fishing industries in a manner consistent with sound food fish management practices. (7) To develop and implement a program for optimizing the return of Oregon food fish for Oregons recreational and commercial fisheries.
ORS Chapter 506 — . Application,

ORS 506.110. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

ORS 506.115. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

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. (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.
ORS Chapter 506 — . Application,

ORS 506.120. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

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.
ORS Chapter 506 — . Application,

ORS 506.125. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

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: (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 possessing of food fish as the commission determines will carry out the provisions of the commercial fishing laws. (2) In carrying out the provisions of subsection (1) of this section, the power of the commission includes, but is not limited to: (a) Prescribing the amount of each food fish species that may be taken and possessed in terms of sex, size and other physical characteristics. (b) Prescribing such regular and special time periods and areas closed to the taking and selling of any food fish species when the commission determines such action is necessary to protect the supply of such food fish. (c) Prescribing regular and special time periods and areas open to the taking and selling of any food fish species, and prescribing means by which the taking of food fish is permitted.
ORS Chapter 506 — . Application,

ORS 506.130. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

ORS 506.135. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

ORS 506.136. Commission to study and classify food fish and fishing gear. The State Fish and Wildlife Commission shall: (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.
ORS Chapter 506 — . Application,

ORS 506.140. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

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.
ORS Chapter 506 — . Application,

ORS 506.145. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

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. (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 commission, State Department of Fish and Wildlife or State Department of Agriculture. The State Department of Agriculture may request copies of, or information from, the records for the purpose of programs under ORS chapter 616 or other food safety law programs administered or enforced by the department. The State Department of Agriculture may, as part of a general pattern of administering and enforcing programs under ORS chapter 616 or other food safety law programs, during normal business hours enter premises where records described in this section are kept. (3) A person may keep records required by the commission under this section in electronic form and may satisfy a request for inspection of the records by supplying a copy of the records in electronic form to the requester. If the records are not supplied to the requester in electronic form, the person shall allow inspection of the records upon request during normal business hours.
ORS Chapter 506 — . Application,

ORS 506.150. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

ORS 506.154. Duties of director. The State Fish and Wildlife Director shall: (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 regulation of the uses of such resources.
ORS Chapter 506 — . Application,

ORS 506.155. [Amended by 1961 c.275 1; repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

ORS 506.160. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

ORS 506.165. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

ORS 506.170. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

ORS 506.175. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

ORS 506.180. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

ORS 506.185. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

ORS 506.190. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

ORS 506.195. [Amended by 1965 c.570 10; renumbered 506.045]
ORS Chapter 506 — . Application,

ORS 506.200. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

ORS 506.201. Powers of commission in regard to real property. The State Fish and Wildlife Commission may: (1) Acquire by purchase, lease, gift, agreement or donation, real property, or any right or interest therein, including any easement or right of access, necessary: (a) To construct or maintain fish hatcheries, fishways or research facilities; (b) To remove logjams; or (c) Otherwise to carry out the duties imposed on the commission by law. (2) Acquire by exercise of the power of eminent domain any easement or right of access necessary to construct or maintain fishways or remove logjams. Proceedings instituted by the commission under this subsection shall be conducted in accordance with ORS chapter 35. (3) Lease, dispose of or grant easements upon any property owned by the state and used for the protection, propagation or preservation of food fish, which is found to be of no further use or value to the state. The commission shall turn over the proceeds arising from such disposition to the State Treasurer to be credited to the General Fund.
ORS Chapter 506 — . Application,

ORS 506.205. [Repealed by 1965 c.570 152]
ORS Chapter 506 — . Application,

ORS 506.210. [Repealed by 1965 c.570 152]