reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.235 - Commercial fishing license; fees.

(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 food fish in the waters of this state; or
(c) Lands food fish from the waters of the Pacific Ocean at any point in this state.
(2) A commercial fishing license must be in the possession of the licensee, when engaged in the taking or landing of commercial fish, and is required in addition to any other license under this chapter.
(3) Notwithstanding any other provision of this section or ORS 508.035, upon application of the holder of a boat license, the State Fish and Wildlife Commission shall issue to the applicant in the name of the boat, one commercial fishing license for each individual who assists the holder of the boat license in the taking of fish for commercial purposes. Notwithstanding ORS 508.465, licenses issued pursuant to this subsection are transferable to all individuals who assist in the taking of fish for commercial purposes on the boat for which the licenses are issued. Notwithstanding ORS 508.285, the fee for the license issued pursuant to this subsection in the name of a boat:
(a) With a resident boat license is $125 for each individual.
(b) With a nonresident boat license is $175 for each individual. [1965 c.570 §77; 1993 c.501 §1; 2009 c.832 §21; 2011 c.613 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.240 - Acts by commercial fishing licensee prohibited.

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 wholesaler, canner, fish bait dealer or buyer licensed as required under ORS 508.035. [1965 c.570 §77a; 1971 c.540 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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.
(2) A pair of decals bearing the last two numbers of the year for which the license is issued shall be included with the license for placement on the licensed boat.
(3) In accordance with rules promulgated by it, the State Fish and Wildlife Commission shall assign a number to each licensed boat and shall designate the size, location and manner of placement of the number and license year decal on the boat. [1965 c.570 §81; 1973 c.768 §13; 1975 c.756 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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.
(2) Crab pots shall be reported to the county assessor by each owner and listed for ad valorem taxation, but if the owner of such crab pots furnishes documentary proof to the assessor, not later than August 1 of each year, that the owner possesses a current commercial fishing license under ORS 508.235 or that the boat of the owner is currently licensed under ORS 508.260, the assessor shall cancel any assessment made by the assessor of crab pots used by such person or used in connection with such person’s licensed boat. [1969 c.649 §2; 1993 c.270 §69]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.285 - License fees.

(1) The fee for each license required by this chapter is as follows:
(a) Resident albacore tuna landing license for boats that do not hold a valid commercial fishing license from Oregon or another state, $250.
(b) Nonresident albacore tuna landing license for boats that do not hold a valid commercial fishing license from Oregon or another state, $300.
(c) Albacore tuna landing license for boats that hold a valid commercial fishing license from another state and do not hold a valid commercial fishing license from Oregon, $25.
(d) Resident boat license for a vessel less than 50 feet in length, $350.
(e) Nonresident boat license for a vessel less than 50 feet in length, $400.
(f) Resident boat license for a vessel 50 feet in length or more, $400.
(g) Nonresident boat license for a vessel 50 feet in length or more, $450.
(h) Resident commercial fishing license, $100.
(i) Nonresident commercial fishing license, $150.
(j) Commercial fishing license for resident persons 18 years of age or younger, $30.
(k) Resident commercial bait fishing license, $125.
(L) Nonresident commercial bait fishing license, $175.
(m) Fish buyer license, $275.
(n) Fish bait dealer license, $125.
(o) Food fish canner license, $500.
(p) Shellfish canner license, $500.
(q) Resident single delivery license, $125.
(r) Nonresident single delivery license, $175.
(s) Wholesale fish dealer license, $500.
(2) As used in this section, "resident" means a person who has resided in this state at least 12 consecutive months immediately prior to the date of making application for a license. [1965 c.570 §82; 1969 c.172 §3; 1971 c.540 §7; 1973 c.768 §14; 1975 c.756 §2; 1977 c.245 §3; 1979 c.679 §11; 1991 c.701 §1; 1999 c.59 §163; 2005 c.629 §1; 2009 c.832 §22; 2011 c.613 §2; 2015 c.779 §33]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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:
(1) Ocean Troll Salmon Fishery permit issued under ORS 508.816, $65.
(2) Columbia River Gillnet Fishery permit issued under ORS 508.790, $74. [1989 c.512 §6; 1991 c.184 §2; 1997 c.8 §10; 2003 c.643 §2; 2009 c.765 §3; 2019 c.458 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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.
(2) The State Fish and Wildlife Commission by regulation may designate those species of food fish or parts thereof which may not be used for fish or shellfish bait. [1971 c.540 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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.
(2) The license for the purpose authorized in this section is in lieu of the commercial fishing and boat licenses required under ORS 508.235 and 508.260. [1971 c.540 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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.
(2) Except as provided in ORS 508.949, all moneys collected pursuant to ORS 508.505 to 508.550 for fish species taken pursuant to developmental fishery activities referred to in ORS 506.460 shall be credited to a separate account in the Commercial Fisheries Fund. Notwithstanding subsection (1) of this section or ORS 506.306, 25 percent of such moneys shall be expended for general fish management purposes and 75 percent of such moneys shall be expended to pay the expenses of developmental fishery activities pursuant to ORS 506.460. [1991 c.701 §21; 1993 c.765 §119; 1999 c.1013 §2; 2003 c.809 §14]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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)]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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.
(2) In lieu of any bond that may be required under subsection (1) of this section, any applicant may deposit with the State Fish and Wildlife Commission, under such terms and conditions as the director may prescribe, a like amount of lawful money of the United States or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The commission shall turn over to the State Treasurer for safekeeping all such deposits so received. [Amended by 1963 c.196 §3; 1965 c.570 §68; 1969 c.52 §1; 1991 c.331 §73; 1991 c.701 §17; 1997 c.631 §484]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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:
(1) Upon conviction within this state of any person of violation of any of the commercial fishing laws or rules after the person has once been convicted and penalized under ORS 508.485; or
(2) Upon receiving notice from the agency that regulates commercial fishing in the State of Washington of the conviction of any person in that state of an offense that was a violation of Columbia River commercial fishing rules adopted pursuant to the Columbia River Compact and that if committed in this state would be grounds for refusal to issue a license or permit pursuant to subsection (1) of this section. [Amended by 1965 c.570 §75; 1977 c.350 §7; 1987 c.213 §5; 2009 c.11 §74; 2013 c.164 §6; 2014 c.1 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.500 - Alteration, false application and multiple possession of licenses prohibited.

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 application regarding the person in whose name the license or permit is to be issued.
(3) Possess any license or permit that has been altered, borrowed or loaned or for which any false statements were knowingly made in applying therefor. [1981 c.365 §20]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 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.
(2) Notwithstanding any other provision of law, the State Fish and Wildlife Commission may adopt rules necessary to allow for the issuance of temporary vessel permits or other relief necessary to comply with a preliminary injunction issued pursuant to a petition filed under subsection (1) of this section. [2017 c.158 §2]
Note:
508.502 was added to and made a part of the commercial fishing laws by legislative action but was not added to ORS chapter 508 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.505 - Additional fees based on value of fish at time of landing; exceptions.

(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 pay, in addition to all other licenses or fees provided by law, a fee equal to the value of the food fish at the point of landing multiplied by the following rates:
(a) All salmon and steelhead, 3.15 percent.
(b) All black rockfish, blue rockfish and nearshore fish, 5.00 percent.
(c) All tuna, 1.09 percent.
(d) All crab, 2.35 percent.
(e) All shrimp, 2.40 percent.
(f) All sardines, 2.25 percent.
(g) All sablefish, 2.40 percent.
(h) All whiting, 2.30 percent.
(i) All other groundfish, 2.25 percent.
(j) All other food fish and shellfish, 2.30 percent.
(2) Only live, fresh or frozen in the round or dressed food fish or shellfish are subject to the fees provided in this section. "Dressed" includes but is not limited to beheaded, gutted, filleted, loined or shucked. However, frozen food fish or frozen shellfish received in a wrapped package to which a legible label is stamped or printed showing the name, address, brand or trade name of the original processor or wholesale distributor under which the package is marketed and the kind of frozen food fish or frozen shellfish contained therein, for distribution and ultimate sale in the original package are not subject to the fees provided in this section. [Formerly 508.305; 1969 c.172 §4; 1971 c.243 §1; 1973 c.768 §15; 1979 c.378 §1; 1989 c.166 §1; 1991 c.701 §2; 2003 c.809 §12; 2009 c.832 §24; 2015 c.779 §34]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.506 - Additional payments on certain fish species.

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.184 §3; 1997 c.8 §11; 2003 c.643 §3; 2009 c.765 §4; 2015 c.734 §5; 2019 c.458 §6]
Note:
Section 4, chapter 734, Oregon Laws 2015, provides:
Sec. 4. Additional fee through 2026.
(1) In addition to the ad valorem fee prescribed by law, during the period beginning January 1, 2016, and ending December 31, 2026, 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.
(2) Notwithstanding ORS 506.306, all moneys received by the State Fish and Wildlife Commission pursuant to subsection (1) of this section shall be deposited in the Oregon Hatchery Research Center Fund. [2015 c.734 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.510 - Place where fish caught is immaterial; exceptions; special fee.

(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, and upon or in regard to which a tax or fee has been levied and collected in the other state, territory or possession; or
(b) In another country.
(2) Notwithstanding ORS 508.505, there shall be paid a fee of one percent of the value of all food fish or shellfish brought into this state after having been landed in another state, territory or possession of the United States, and upon or in regard to which a tax or fee has not been levied and collected in the other state, territory or possession. [Formerly 508.320; 1991 c.701 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.515 - Time of paying fees; report; interest on overdue fees; waiver or extension of payment.

(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 fish, stated separately upon blanks furnished by the director, and the value at the point of landing.
(3) In the event that such fee is not paid within the time for payment provided in subsection (1) of this section, there shall be added as a late payment charge a sum equal to five percent of the unpaid fees or $5, whichever is greater, and there shall be charged an interest rate of one percent per month until the principal and interest is paid.
(4) Notwithstanding subsection (1), (2) or (3) of this section, the State Fish and Wildlife Commission may waive or extend payment of any fees required by ORS 508.505 amounting to less than $10 during any calendar year. [Formerly 508.310; 1971 c.243 §2; 1981 c.646 §5; 1991 c.701 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.520 - Determination of disputes.

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 determine finally any dispute arising out of the operation and enforcement of ORS 508.505. [Formerly 508.325; 1991 c.701 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.525 - Lien for unpaid fee; foreclosure; jurisdiction of courts.

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 suit in equity in the circuit court of the county in which the property upon which a lien is given by this section is situated. If situated in two or more counties the court first acquiring jurisdiction of a part of the property shall have jurisdiction of all the property described in such foreclosure suit. [Formerly 508.330; 1991 c.701 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.530 - Rules; reports; violation or falsification.

(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 violate any of the rules made or required by the commission. [Formerly 508.335; 1991 c.701 §8]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.535 - Keeping record of food fish received and bought; inspection.

(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 necessary to enable the commission to carry out its duties of conservation, protection, administration or enforcement under the commercial fishing laws without imposing undue hardship on the licensees.
(2) At least one copy of this record shall be kept:
(a) On each boat, vessel, scow, pickup boat or other craft, truck, automobile, motor vehicle or other vehicle of any kind whatsoever used in buying, receiving or transporting the fish.
(b) By the canner, buyer, retailer, fish bait dealer or wholesaler.
(3) This record is subject to inspection by the commissioners, the State Fish and Wildlife Director, the authorized agent of the director, or any duly authorized police officer. This record shall be transmitted to the office of the director at such times and in such manner as the commission directs.
(4) Every person shall always keep open to inspection by the commission or its agent any books, records, papers or memoranda which are pertinent to the administration of ORS 508.505 to 508.540. For the purpose of ascertaining the correctness of any fee record or report or the number of pounds or value of fish upon which the additional fee is based or such other information as may be necessary to the administration of ORS 508.505 to 508.540, the commission or its agent may inspect such books, records, papers or memoranda.
(5) Restaurants licensed under ORS 624.020 shall keep a record of all fresh or frozen fish received or bought while such fish are in the restaurant’s possession. This record shall be subject to inspection by the commissioners, the director, the authorized agent of the director, or any duly authorized police officer. An invoice or receipt shall be adequate for the purposes of this subsection. [Formerly 508.340; 1969 c.172 §5; 1971 c.540 §11; 1973 c.437 §1; 1977 c.242 §5; 1991 c.701 §9]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.540 - Failure to keep or submit records or to pay fee.

(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 to keep the record required by ORS 508.535 or fails to submit the books, records, papers or memoranda of the person for inspection, pursuant to ORS 508.535 (4), to any member of the commission or any of its representatives presenting written authority from the commission.
(2) The State Fish and Wildlife Director may suspend, deny the renewal of or refuse to issue any license for which a fee is required under ORS 508.285 if the person holding or applying for the license is more than 60 days past due in an amount of more than $400 owed:
(a) From fees pursuant to ORS 508.505;
(b) From overage, incidental catch or bycatch charges; or
(c) To any food fish commodity commission established under ORS chapter 576.
(3) The State Fish and Wildlife Commission may contact any food fish commodity commission at any time to obtain lists of persons who owe past due fees to the commodity commission.
(4) For purposes of this section:
(a) "Bycatch" means the unintended taking of a species of food fish that:
(A) Occurs while targeting another species of food fish; and
(B) Is prohibited due to time, place, manner, regulations or quota restrictions.
(b) "Incidental catch" means the unintended legal taking of a species of food fish that occurs while targeting another species of food fish.
(c) "Overage" means the amount of food fish taken for commercial purposes that exceeds the amount allowed by federal and state law. [Formerly 508.345; 1991 c.701 §10; 2003 c.39 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.550 - Sale of fish from license holder’s boat; permit; fee; reports; payment of fees.

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 person must first obtain from the State Fish and Wildlife Commission an annual limited fish seller permit for such sales, the annual fee for which is:
(a) $100 for resident applicants.
(b) $150 for nonresident applicants.
(2) The commission by rule may limit the number of permits available for any species of food fish.
(3) Prior to making any sale pursuant to this section, the person must notify the commission, in such manner as the commission prescribes, of the estimated number of food fish on board the boat and of the location where the sale is to take place.
(4) Within seven days of making any sale pursuant to this section, the person shall submit to the commission a report thereof, in such form as the commission may prescribe. The person must pay the fees required as prescribed in ORS 508.505 to 508.540, or in such other manner as the commission by rule may prescribe.
(5) The person may sell food fish from any port and dock location in this state.
(6) If a person fails to comply with subsection (3) of this section, the commission may revoke and thereafter refuse to issue another limited fish seller permit. [1985 c.533 §2; 1987 c.802 §1; 1991 c.701 §11; 1999 c.585 §1; 2009 c.832 §25; 2015 c.779 §35]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.700 - Permits for salmon hatcheries; fees.

(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, also known as Oncorhynchus keta or dog salmon; or
(c) Silver salmon, also known as Oncorhynchus kisutch or coho salmon; or
(d) Pink salmon, also known as Oncorhynchus gorbuscha or humpback salmon.
(2) The application for a permit to construct and operate a chum salmon, chinook salmon, silver salmon, or pink salmon hatchery shall include an application fee of $3,000. [1971 c.203 §1; 1973 c.356 §1; 1979 c.556 §1; 2009 c.832 §26]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.705 - Hearing for permits.

(1) Prior to issuance of any permit by the State Fish and Wildlife Commission, a public hearing shall be held. Notice of the hearing shall be published at least once and at least 10 days prior to the hearing in a newspaper of general circulation in each of the counties in which the hearing is to be held, or if no such newspaper is published in that county or counties, then such a newspaper in an adjoining county.
(2) The hearing shall be conducted by either the commission or a representative designated by the commission. [1971 c.203 §2; 1975 c.253 §31]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.710 - Grounds for denial of permit.

No permit shall be issued:
(1) Which may tend to deplete any natural run of anadromous fish or any population of resident game fish.
(2) Which may result in waste or deterioration of fish.
(3) If the proposed operation is to be located on the same stream or river or tributary thereof on which a state or federal fish culture facility is established or is planned to be established.
(4) If the proposed operation is not consistent with sound resource management and is not in close proximity to the ocean.
(5) If the State Fish and Wildlife Commission determines the applicant does not have the financial capability to successfully construct and operate the hatchery or may not properly conduct the operation authorized under the permit. [1971 c.203 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.715 - Conditions of permits.

Any permit granted by the State Fish and Wildlife Commission pursuant to ORS 508.700 to 508.745 shall contain at least the following conditions:
(1) All propagated fish released into state waters shall be marked annually at no less than the level of marking of the same species of fish by hatcheries operated by the commission for the purpose of determining contributions to ocean fisheries.
(2) All propagated coho and chinook salmon released into state waters shall be marked annually, consistent with subsection (8) of this section, at a minimum level necessary to determine the proportion of straying of hatchery coho and chinook salmon into the spawning beds of natural and hatchery produced native stocks of salmon. However, the commission shall not require private hatcheries to meet marking standards that the commission would not apply to its own operations in similar circumstances.
(3) Prior to release into state waters, the fish must be subject to examination by a qualified fish pathologist approved by the commission to determine that they are not diseased or infected with any disease which in the opinion of the commission may be detrimental to the state fishery resources. Cost of such examination shall be paid by the permittee. No fish shall be released without written approval from the commission. The commission may require diseased fish to be destroyed. The commission shall not suffer civil or criminal liability for any fish destroyed under this section.
(4) The permittee may be authorized by the commission to divert all fish returning to the stream to an inspection area, the location of such area to be approved by the commission, to examine all fish for the purpose of identifying propagated fish.
(5) Notwithstanding the provisions of ORS chapters 509 and 511, the permittee shall have the right to take for commercial purposes, only those fish the commission determines were propagated by the permittee, and the commission’s decision is final.
(6) It shall be unlawful for the permittee to select stocks of fish or to genetically alter the life history or habits of propagated fish in a way the State Department of Fish and Wildlife determines is inconsistent with the provisions of ORS 496.012 or 506.109.
(7) It shall be unlawful for the permittee to conduct any activity not authorized by the permit or fail to conduct activities required by the permit without approval of the commission after public hearings.
(8) The permittee shall pay all reasonable costs incurred by the commission as a result of the operation of the private hatchery. [1971 c.203 §5; 1979 c.556 §5; 1985 c.529 §1; 1989 c.817 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.718 - Program for protecting natural runs and genetic diversity of anadromous fish stocks; rules; findings.

(1) The Legislative Assembly finds that protecting the natural runs and genetic diversity of anadromous fish is essential to the long-term health of Oregon’s natural resources and sport and commercial fisheries.
(2) Not later than January 1, 1990, the State Department of Fish and Wildlife shall:
(a) Develop and implement monitoring programs, consistent with ORS 508.715 (8) at a minimum level necessary to determine the proportion of straying of hatchery fish into the spawning beds of natural and hatchery produced native stocks of salmon.
(b) Utilizing the best available scientific evidence, adopt rules, after public hearing, that determine the proportion of straying that by indicator stock is likely to cause deterioration of the genetic diversity and habitat necessary to maintain long-term species viability or that causes a deterioration of natural or native stocks of salmon.
(3) The Legislative Assembly further finds that private hatcheries are a significant part of Oregon’s salmon resource and that the Legislative Assembly relies on the State Fish and Wildlife Commission to monitor and regulate private hatcheries in a way that will optimize their long-term contribution to Oregon’s salmon resource in conformity with the findings under subsection (1) of this section. [1989 c.817 §5; 1995 c.79 §295]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.720 - Altering terms of permits; findings; hearing; restoration of fish population.

(1) If the State Fish and Wildlife Commission finds that the operation described in the permit is not in the best public interest, it shall alter the conditions of the permit to mitigate such adverse effects or may cause an orderly termination of the operation under the permit. Proceedings to cause such alteration or termination shall be conducted in accordance with ORS chapter 183. An orderly termination shall not exceed a four-year period and shall culminate in the revocation of the permit in its entirety. During this period the permittee may continue to examine and take specified propagated chum salmon, chinook salmon, silver salmon or pink salmon according to the provisions of the permit but may not release additional fish.
(2) If the commission finds the operation has caused deterioration of the natural run of anadromous fish or any population of resident game fish in the waters covered by the permit, it may require the permittee to return the fish populations to the same condition that existed prior to issuance of the permit. If the permittee fails to take appropriate action, the commission shall take such action and the permittee shall bear any cost incurred by the commission. [1971 c.203 §6; 1973 c.356 §2; 1975 c.253 §32; 1979 c.556 §2; 1989 c.817 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.725 - Released fish as state property; consideration by commission of adverse economic impact on hatcheries.

(1) All fish released under ORS 508.700 to 508.745 during the time they are in the wild will be the property of the state and may be taken under angling or commercial fishing laws of this state until they return to the private hatchery.
(2) In carrying out the provisions of ORS 496.162 or 506.129, the State Fish and Wildlife Commission shall not consider evidence of or argument regarding the prospect of adverse economic impact on the activities of hatcheries for which permits have been issued unless the commission determines that it is necessary in order to comply with the policies set forth in ORS 496.012 or 506.109. [1971 c.203 §4; 1979 c.335 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.730 - Disposal of salmon products.

After first ensuring that all natural and artificial fish production needs of the State Department of Fish and Wildlife have been met, the State Fish and Wildlife Commission may provide at a reasonable fee chum salmon, chinook salmon, silver salmon or pink salmon, or the sexual products therefrom, for the needs of any person granted a permit by the commission pursuant to ORS 508.700 to 508.745 in the following order of priority:
(1) The needs of the salmon and trout enhancement program.
(2) The needs of fish propagation facilities operated under contract or agreement with other state or federal agencies, local governments, special districts and nonprofit organizations.
(3) The needs of all federal and other fish propagation facilities located on the Columbia River and its tributaries. [1971 c.203 §7; 1973 c.356 §3; 1979 c.556 §3; 1981 c.317 §9; 1995 c.469 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.735 - Application of chapter to taking and sale of salmon.

The provisions of this chapter shall apply to the taking and sale of chum salmon, chinook salmon, silver salmon or pink salmon artificially reared under any permit granted by the State Fish and Wildlife Commission pursuant to ORS 508.700 to 508.745. [1971 c.203 §8; 1973 c.356 §4; 1979 c.556 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.737 - Policy for marketing of salmon products.

It is the policy of the State of Oregon that all holders of permits issued pursuant to ORS 508.700 to 508.745 are encouraged to market salmon products obtained pursuant to permit activities in such manner as to promote the development and growth of locally based industries and to provide the maximum benefit to the economy of this state. [1979 c.556 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.740 - Authority under ORS 508.700 to 508.745.

(1) Nothing in ORS 508.700 to 508.745 is intended to give the permittee any equity in any of the waters or fish of the state.
(2) Nothing in ORS 508.700 to 508.745 shall imply an intent to permit commercial fishing in any rivers south of the mouth of the Columbia River except as provided in ORS 508.715 (5). [1971 c.203 §§9,10; 1989 c.817 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.745 - Disposition of moneys received under ORS 508.700 to 508.745.

All moneys received by the State Fish and Wildlife Commission under ORS 508.700 to 508.745 except those under ORS 508.735 shall be paid over to the State Treasurer to be held in a suspense account established under ORS 293.445. After the payment of costs of administration incurred by the commission in carrying out the provisions of ORS 508.700 to 508.745, that portion of the balance of the moneys in this suspense account as of the end of each fiscal year shall be deposited to the General Fund for general governmental purposes. [1971 c.203 §11]