justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 506 — . Application,

ORS 506.690. Seizure, forfeiture and disposition of fish unlawfully taken. (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 provisions of subsection (1) of this section may be disposed of, sold, preserved or used for food purposes, under the rules of the commission, to prevent loss or spoilage. At the time the court passes sentence in the criminal prosecution for violation of the commercial fishing laws, the court may order that any fish seized under subsection (1) of this section or the proceeds from the sale of such fish shall be forfeited. Any moneys derived from the sale of any forfeited fish shall be deposited in the Commercial Fisheries Fund. (3) If the fish seized under subsection (1) of this section are not subsequently forfeited, the commission shall pay to the person from whom the fish were seized an amount equal to the fair market value, as established by rule pursuant to ORS 506.720, of the fish at the time of seizure. (4) The commission shall approve the amount to be paid under subsection (3) of this section, and the claim shall be paid from the Commercial Fisheries Fund in the manner provided by law for the payment of claims against the state. There is appropriated continuously from the Commercial Fisheries Fund an amount equal to the amounts approved by the commission under this subsection. [Formerly
ORS Chapter 506 — . Application,

ORS 506.695. Seizure, forfeiture and disposition of fishing gear and vehicles used unlawfully; removal of unlawful piling. (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 commission or any officer described in ORS 506.521. The agency that seizes property under this subsection shall retain custody of the seized property until it is ordered returned to the owner or confiscation is adjudged pursuant to this section. (2) Upon the order of the court at the time of passing sentence for a crime, the property seized under subsection (1) of this section may be forfeited. If forfeited, such property shall be turned over to the commission. (3) The commission may dispose of such forfeited property in any manner it deems proper, but the clear proceeds derived from the sale of any forfeited property shall be deposited with the State Treasury to be placed in the Common School Fund.
ORS Chapter 506 — . Application,

ORS 506.700. Return of seized property; undertaking; effect of judgment ordering forfeiture or confiscation. (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 surety, to be approved by the court described in ORS 506.695, to the effect that such surety is bound in double the value of the property as determined by the court, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to the plaintiff of such sum as may, for any cause, be recovered against the owner. The owner shall file such written undertaking with the clerk of the court for the county in which the seizure occurred and shall serve a true copy thereof upon the district attorney for the same county. (2) If confiscation or forfeiture of such property is required by a judgment of the court under ORS 506.695, the owner shall return the property to the plaintiff. If the owner fails to return the property, any officer described under ORS
ORS Chapter 506 — . Application,

ORS 506.720. Suit for damages; amount; rules; application for or obtaining license when money due prohibited. (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 shall establish by rule the fair market value of food fish. (4) No person shall apply for or obtain any license, tag or permit issued by the commission when civil damages due pursuant to this section, or when moneys due the State Department of Fish and Wildlife from court-ordered restitution for a violation of the commercial fishing laws, have not been paid. [1987 c.213 2; 2023 c.166 2] FISHERIES CONSERVATION ZONE
ORS Chapter 506 — . Application,

ORS 506.750. Policy for ORS 506.755. 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 well-being of the economy and welfare of the state and its people. (2) The uncontrolled use of the marine commercial fisheries to harvest coastal species of fish and other marine fisheries resources by foreign nationals is of public concern and constitutes an immediate threat to the marine environment and its ultimate survival. (3) The State of Oregon has a special interest in the maintenance of the productivity of the living resources in the area of the high seas adjacent to its territorial sea. [1974 c.3 1] Note:
ORS Chapter 506 — . Application,

ORS 506.755. Fisheries Conservation Zone; rules; jurisdiction over zone; penalty; construction. (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 of the state drawn seaward to a distance of 50 statute miles. (2) Activities of marine commercial fishing within the limits and boundaries of the Fisheries Conservation Zone shall be under the jurisdiction and regulation of the commission. (3) The commission shall study the fishery within the zone and when appropriate adopt, amend or repeal all rules, according to the provisions of ORS 506.119 and 506.129 necessary for the maintenance, preservation and protection of all coastal species of fish and other marine fisheries resources. (4) The jurisdiction within the Fisheries Conservation Zone shall include, but not be limited to, provisions for inspection of catch, particularly regarding anadromous fish; rules relating to methods of fishing, size and kind of gear and nets; rules designating seasons, closures and restricted areas. (5) ORS 506.501 to 506.695 shall provide the authority for enforcing rules adopted by the commission as specified in this section. (6) Subject to ORS 153.022, any person convicted of violating any rule authorized under the provisions of this section shall be punished by a fine not to exceed $10,000. (7) Nothing contained within this section is intended to abrogate a nations right of free passage or navigation of the high seas. (8) Nothing contained within this section is intended to abrogate international fish compacts, agreements or treaties providing for the management of anadromous or pelagic fish species. [1974 c.3 2; 1983 c.740 204; 1999 c.1051 313] Note: See note under
ORS Chapter 506 — . Application,

ORS 506.800. Names for marketing certain fish and shellfish. 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 rockfish (Sebastes entomelas). (b) Yellowtail rockfish (Sebastes flavidus). (c) Chilipepper (Sebastes goodei). (d) Cowcod (Sebastes levis). (e) Black rockfish (Sebastes melanops). (f) Vermillion rockfish (Sebastes miniatus). (g) Speckled rockfish (Sebastes ovalis). (h) Bocaccio (Sebastes paucispinnis). (i) Canary rockfish (Sebastes pinniger). (j) Yelloweye rockfish (Sebastes ruberrimus). (k) Bank rockfish (Sebastes rufus). (L) Olive rockfish (Sebastes serranoides). (2) The common names butterfish and black cod may be used as alternate names for purposes of marketing sablefish (Anoplopoma fimbria). (3) The common names Pacific ocean shrimp, Pacific shrimp, pink shrimp and Oregon shrimp may be used as alternate names for the purpose of marketing Pandalus jordani (shrimp). [1979 c.457 2] MISCELLANEOUS
ORS Chapter 506 — . Application,

ORS 506.895. Person aiding in commercial fishing law violation punishable as principal. 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.
ORS Chapter 506 — . Application,

ORS 506.898. Tillamook Bay Clam Advisory Committee. (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 group that advocates conservation or have another interest in bay clams. (3) The committee shall make recommendations to the department on: (a) Adopting rules related to bay clams; (b) Ensuring the sustainability of the take of bay clams in Tillamook Bay; (c) Balancing the take of bay clams in Tillamook Bay for commercial purposes with the take of bay clams in Tillamook Bay for noncommercial purposes; (d) Establishing physical boundaries for, or seasonal restrictions on, the take of bay clams in Tillamook Bay for commercial purposes, to reduce conflicts between persons who take bay clams in Tillamook Bay for commercial purposes and salmon anglers in and around the Ghost Hole fishing area in Tillamook Bay; (e) Establishing areas in Tillamook Bay that are closed to the take of bay clams for commercial purposes and open to the take of bay clams for noncommercial purposes; (f) Monitoring the take of bay clams; (g) Establishing additional restrictions on the annual take of bay clams in intertidal and subtidal areas in Oregon bays; (h) Limiting the take of bay clams in Oregon bays for commercial purposes; and (i) Assessing bay clam populations in Oregon bays. (4) The department shall consider the recommendations of the committee. (5) The committee shall assist the department in preparing any funding requests related to bay clams. (6) In addition to the recommendations identified in subsection (3) of this section, the committee may advise the department on other matters related to bay clams. [2019 c.564 2] Note:
ORS Chapter 506 — . Application,

ORS 506.990. [Repealed by 1965 c.570 152] PENALTIES
ORS Chapter 506 — . Application,

ORS 506.991. Criminal penalties. (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 committed with a culpable mental state. (2) 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 violation if the offense is committed without a culpable mental state. (3) In lieu of the fine provided in ORS 161.635, and in addition to the imprisonment provided in ORS 161.615, any violation of subsection (1) of this section is punishable as follows: (a) For the first conviction, a fine not to exceed $2,500. (b) For the second conviction within a 10-year period, a fine not to exceed $4,000. (c) For the third conviction within a 10-year period, a fine not to exceed $10,000. (d) For the fourth and subsequent convictions within a 10-year period, a fine not to exceed $25,000. (4) Violation of any provision of ORS 509.011 that occurs more than 12 hours prior to or more than 12 hours subsequent to a season established under ORS 506.129 by the commission for the lawful taking of food fish when the total value of the food fish is $200 or more is a Class C felony. (5) In addition to the penalties of this section and notwithstanding the provisions of ORS 506.690, all fish or sexual products therefrom taken by or in the possession of any person sentenced under this section shall be seized and confiscated, condemned, and sold. (6) As used in this section, culpable mental state has the meaning given that term in ORS 161.085.
ORS Chapter 506 — . Application,

ORS 506.995. Civil penalties. (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 promulgated pursuant to such laws, the person shall be subject to a civil penalty that is equal to twice the amount of the gain. (3) Civil penalties under this section shall be imposed pursuant to ORS 183.745. (4) Any civil penalty received by the State Department of Fish and Wildlife under this section shall be deposited in the Commercial Fisheries Fund. [1999 c.672 2] _______________
ORS Chapter 540 — Distribution and Storage of

ORS 540.010. Water districts; creation; purposes. The Water Resources Commission shall divide the state into water districts, which shall be so constituted as to secure the best protection to the claimants for water and the most economical supervision on the part of the state. Water districts shall not be created until necessary. [Amended by 1985 c.673 82]
ORS Chapter 540 — Distribution and Storage of

ORS 540.020. Watermasters; appointment; removal; powers of Water Resources Director. (1) The Water Resources Director shall appoint one watermaster for each water district. The watermaster shall hold office until removed by the director, and shall be subject to any applicable provision of the State Personnel Relations Law. The director shall fill all vacancies which occur in the office. (2) The director, or any duly authorized assistant, shall have the powers and authority of a watermaster in the distribution of water in any water district. [Amended by 1985 c.421 5]
ORS Chapter 540 — Distribution and Storage of

ORS 540.030. Water Resources Director; duties regarding water distribution. The Water Resources Director shall: (1) Have general control over the watermasters. (2) Execute the laws relative to the distribution of water and perform other functions as may be assigned to the director.
ORS Chapter 540 — Distribution and Storage of

ORS 540.045. Watermaster duties. (1) Each watermaster shall: (a) Regulate the distribution of water among the various users of water from any natural surface or ground water supply in accordance with the users existing water rights of record in the Water Resources Department. (b) Upon the request of the users, distribute water among the various users under any partnership ditch, pipeline or well or from any reservoir, in accordance with the users existing water rights of record in the department. (c) Divide the waters of the natural surface and ground water sources and other sources of water supply among the canals, ditches, pumps, pipelines and reservoirs taking water from the source for beneficial use, by regulating, adjusting and fastening the headgates, valves or other control works at the several points of diversion of surface water or the several points of appropriation of ground water, according to the users relative entitlements to water. (d) Attach to the headgate, valve or other control works the watermaster regulates under paragraph (c) of this subsection, a written notice dated and signed by the watermaster, setting forth that the headgate, valve or other control works has been properly regulated and is wholly under the control of the watermaster. (e) Perform any other duties the Water Resources Director may require. (2) When a watermaster must rely on a well log or other documentation to regulate the use or distribution of ground water, the regulation shall be in accordance with ORS 537.545 (4). (3) For purposes of regulating the distribution or use of water, any stored water released in excess of the needs of water rights calling on that stored water shall be considered natural flow, unless the release is part of a water exchange under the control of, and approved by, the watermaster. (4) As used in this section, existing water rights of record includes all completed permits, certificates, licenses and ground water registration statements filed under ORS 537.605 and related court decrees.
ORS Chapter 540 — Distribution and Storage of

ORS 540.050. Appearance of district attorney. The district attorney shall appear on behalf of the Water Resources Director or any watermaster in any case which may arise in the pursuance of the official duties of the director or watermaster within the jurisdiction of the district attorney. [Amended by 1985 c.421 6]
ORS Chapter 540 — Distribution and Storage of

ORS 540.060. Arrest by watermaster; complaint against offender. The watermaster or an assistant appointed by the watermaster shall have power to arrest any person violating a provision of the Water Rights Act (as defined in ORS 537.010), ORS 537.120 to 537.360 or 537.505 to 537.795 and 537.992 and turn the person over to the sheriff or other competent police officer within the county. At the time the watermaster delivers the arrested person into the custody of the sheriff, the watermaster or assistant watermaster making the arrest shall file a complaint, as defined in ORS 131.005, against the person arrested.
ORS Chapter 540 — Distribution and Storage of

ORS 540.070. [Repealed by 1957 c.546 8]
ORS Chapter 540 — Distribution and Storage of

ORS 540.075. Office and equipment for watermaster. (1) The county court or board of county commissioners of each county in which the water district of the watermaster is located shall furnish the watermaster a suitable office and office equipment. (2) If a water district includes all or parts of two or more counties, the office of the watermaster for the water district shall be in the county designated by the Water Resources Director and the county court or board of county commissioners of that county shall provide a suitable office with necessary office equipment for the watermaster.
ORS Chapter 540 — Distribution and Storage of

ORS 540.080. Assistant watermasters; compensation and expenses; termination. (1) With the approval of the Water Resources Director, a watermaster may employ assistants to aid in the discharge of the watermasters duties. The assistants shall take the same oath as the watermaster and shall obey the watermasters instructions. Compensation and actual and necessary traveling expenses of an assistant shall be paid by the county court or board of county commissioners upon certificates of the watermaster by an order made at a regular term when sitting for the transaction of county business. If no provision for such payment is made, the assistants compensation and expenses shall be paid by the water users concerned, as provided in ORS 540.100 to 540.130. (2) The term of service of an assistant watermaster may be terminated at any time by the director or the watermaster.
ORS Chapter 540 — Distribution and Storage of

ORS 540.100. just share or proportion of the wages and expenses, the user paying the wages and expenses shall be entitled to a lien upon the lands of the delinquent user entitled to use of water, in the amount of the delinquent users just share or proportion. (2) The lien shall be made effective by filing written notice of intent to claim a lien for payment of wages and expenses under subsection (1) of this section with the county clerk of the county in which the lands of the delinquent water user are situated. (3) The notice of intent filed under subsection (2) of this section shall: (a) Be verified by the watermaster or assistant watermaster; (b) Specify the particular items of wages and expenses for which the lien is claimed; (c) Describe the lands of each water user upon which the lien is claimed; and (d) State the name of the owner or reputed owner of the lands. (4) The lien shall be filed within 60 days from the completion of the distribution or division, and suit to foreclose the lien shall be brought in the circuit court of the county in which the lands or any part of the lands are situated, within six months from the date of filing the notice of lien. (5) The lien shall be foreclosed in the manner provided by law for the foreclosure of liens against real property. Except as provided in subsection (6) of this section, the court may award reasonable attorney fees to the prevailing party in an action to foreclose a lien under this section. (6) The court may not award attorney fees to the state or a political subdivision of the state if the state or political subdivision prevails in an action to foreclose a lien under this section. (7) A lien filed under this section shall not be considered an exclusive remedy.
ORS Chapter 540 — Distribution and Storage of

ORS 540.110. [Amended by 1981 c.897 58; repealed by 1985 c.421 17]
ORS Chapter 540 — Distribution and Storage of

ORS 540.120. Lien for wages and expense; notice; foreclosure. (1) If one or more of the water users concerned in a distribution or division under ORS
ORS Chapter 540 — Distribution and Storage of

ORS 540.130. Advance payment. If no provision has been made for payment of the assistant watermaster or expenses as provided in ORS 540.080, before proceeding to make any distribution or division the Water Resources Director may require the water users requesting the distribution or division to pay in advance the estimated compensation and expenses involved in the work. The director shall keep a true and full account of all moneys paid in advance under this section. Upon the expiration of the period for which the services are required, the director shall refund to the water users any unexpended balance of the moneys paid in advance.
ORS Chapter 540 — Distribution and Storage of

ORS 540.135. Disposition of funds collected under ORS 540.100 to 540.130 and 540.220. Any moneys collected under ORS 540.100 to 540.130 and 540.220 shall be paid to the Water Resources Director and deposited by the director in a revolving fund to be disbursed for the purpose for which it was collected.
ORS Chapter 540 — Distribution and Storage of

ORS 540.140. Insufficiency of water; preference of uses. When the waters of any natural stream are not sufficient for the service of all those desiring the use of the same, those using the water for domestic purposes shall, subject to such limitations as may be prescribed by law, have the preference over those claiming such water for any other purpose, and those using the water for agricultural purposes shall have the preference over those using the same for manufacturing purposes.
ORS Chapter 540 — Distribution and Storage of

ORS 540.145. Distribution of water; rules; applicability. The Water Resources Commission may adopt rules to secure the equal and fair distribution of water in accordance with the rights of the various users. The rules shall apply to all water rights that have been established: (1) By court decree; (2) Under an order of the commission or the Water Resources Director in proceedings for the determination of relative rights to the use of water; or (3) Through permits to appropriate water or certificates of water rights issued by the commission.