reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.460 - Developmental fishery species harvest programs; biological surveys; permits; fees.

In consultation with the Developmental Fisheries Board, the State Fish and Wildlife Commission shall:
(1) Establish an annual list of food fish species that are considered to be developmental fishery species.
(2) Establish and review commercial harvest programs for developmental fishery species.
(3) Establish methods to obtain biological information necessary to determine the long term sustainability of the resource.
(4) Establish limited entry harvest systems for developmental fisheries. An annual fee of not more than $100 to participate in a developmental fishery may be charged by the commission.
(5) Issue permits for developmental fisheries within 14 days of receiving a written request for a permit. [1993 c.765 §118]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.462 - Review of denial of applications; removal of fishery from developmental fisheries list; fees; rules.

(1) A person whose application for a developmental fisheries permit or a restricted permit established under subsection (6) of this section, or for the renewal or transfer of a developmental fisheries permit or restricted permit, is denied may make written request to the Commercial Fishery Permit Board for review of the denial. The review provided in this subsection is in lieu of any review by the State Department of Fish and Wildlife or the State Fish and Wildlife Commission. The request shall be in such form and shall contain such information as the board considers appropriate. The request shall be accompanied by a nonrefundable fee of $125. The fee shall apply toward any applicable permit fees resulting from an order of the board in favor of the requesting applicant.
(2) The board shall review a denial as a contested case under ORS chapter 183. Orders issued by the board are not subject to review by the commission, but may be appealed as provided in ORS 183.482.
(3) The board may waive requirements for renewal of a developmental fisheries permit or a restricted permit established under subsection (6) of this section if the board finds that an individual applicant fails to meet the requirements as the result of illness, accident or other circumstances beyond the individual’s control.
(4) The board may delegate to the department the board’s authority to waive requirements for renewal of developmental fisheries permits or restricted permits established under subsection (6) of this section.
(5) The board may adopt such rules as it determines necessary to carry out its duties, functions and powers under this section.
(6) Once the commission determines that a commercial harvest of a developmental fishery can be sustained, it may remove that fishery from the developmental fisheries list, and may, by rule, establish a restricted participation system or a restricted vessel permit system for that fishery. These restricted permit systems may include, but are not limited to, provisions relating to the following matters:
(a) Establishment of criteria for initial entry into the restricted permit system and criteria for annual qualification for continued participation in the system; and
(b) Establishment of terms and conditions for transferring participation rights. [2007 c.95 §2; 2009 c.832 §18]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.465 - Developmental Fisheries Board; members; qualifications; expenses.

(1) The Developmental Fisheries Board is established in the State Department of Fish and Wildlife. The board shall consist of members appointed by the State Fish and Wildlife Commission after consultation with commercial fishing industry representatives to insure representation on the board of a broad range of fishing interests.
(2) The commission shall appoint:
(a) Two members who are commercial fishermen licensed in this state and who are the operators of commercial fishing vessels that are less than 60 feet in length.
(b) Two members who are commercial fishermen licensed in this state and who are the operators of commercial fishing vessels that are 60 feet or more in length.
(c) One member who represents commercial fishing interests in general.
(d) One member who is employed by a fish processor having fewer than 50 employees.
(e) One member who is employed by a fish processor having 50 or more employees.
(f) One member who is an employee of the State Department of Fish and Wildlife.
(g) One member who is an employee of the State Department of Agriculture.
(3) A member of the board shall receive no compensation for services as a member. However, subject to any applicable law regulating travel and other expenses of state officers and employees, a member shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of duties as a board member. The board shall meet at least once each year. [1993 c.765 §117]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.501 - Jurisdiction and authority to enforce commercial fishing laws.

The State Fish and Wildlife Commission has jurisdiction and authority to enforce the commercial fishing laws, except as provided in ORS 506.506 to 506.516. [1965 c.570 §34]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.506 - Intent of ORS 506.511 and 506.516.

It is the intent of ORS 506.511 and 506.516 to permit the State Fish and Wildlife Commission to employ only such deputy fish wardens as are agreed necessary or expedient among the commission, the Governor and the Superintendent of State Police, and that the duties of enforcing criminal provisions of the commercial fishing laws, so far as is economical and practicable, be performed by the Department of State Police. [1965 c.570 §35]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.511 - State police to enforce commercial fishing laws; appointment of federal agents.

(1) The Department of State Police shall employ a sufficient number of state police to perform the duties required in the enforcement of criminal provisions of the commercial fishing laws.
(2) The Superintendent of State Police may appoint special enforcement officers authorized to enforce the commercial fishing laws. Individuals so appointed must be special agents of the United States Fish and Wildlife Service or the National Marine Fisheries Service, and shall serve at the pleasure of the superintendent without additional compensation. Each such special enforcement officer shall have all powers and authority of a peace officer of this state in serving warrants, subpoenas and other legal process in enforcement of the commercial fishing laws. [1965 c.570 §36; 1983 c.364 §5; 2003 c.14 §338]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.516 - Employment of deputy fish wardens by commission.

The State Fish and Wildlife Commission, with the approval of the Governor and the Superintendent of State Police, may employ deputy fish wardens to the extent necessary or expedient. [1965 c.570 §37]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.518 - Appointment of special deputy fish wardens.

The State Fish and Wildlife Commission may appoint special deputy fish wardens who shall serve without compensation except for what the commission may allow for special services. [Amended by 1965 c.570 §38]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.521 - Enforcement of commercial fishing laws; officers subject to direction and control of commission or director.

Each member of the State Fish and Wildlife Commission, the State Fish and Wildlife Director and every inspector, deputy fish warden, special deputy fish warden, and all peace officers of this state or any political subdivision therein, including police officers commissioned by a university under ORS 352.121 or 353.125, shall enforce the commercial fishing laws within their respective jurisdictions. In the performance of these duties such officers are subject to the direction and control of the commission or director. [1965 c.570 §39; 2001 c.104 §224; 2011 c.506 §43; 2013 c.180 §47]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.526 - Peace officer powers of director, inspectors and deputies; reporting arrests.

(1) The State Fish and Wildlife Director or any inspector, deputy fish warden or special deputy fish warden may arrest any person the officer has probable cause to believe is in the act of committing a violation of the commercial fishing laws. Such officers are peace officers of the state for this purpose and may execute all criminal process issued for the arrest or detention of any person complained against for violation of the commercial fishing laws. It is unlawful knowingly or willfully to resist or oppose such officers in the discharge of their duties.
(2) Any officer described in subsection (1) of this section who makes an arrest must report it, together with the disposition of the case, to the director within 30 days after the date of the arrest. Failure so to report subjects the officer to removal from office by the authority that appointed the officer.
(3) The officers described in subsection (1) of this section have all the powers and authority of a peace officer in serving warrants, subpoenas and other legal process in the enforcement of the commercial fishing laws. [1965 c.570 §40; 1973 c.836 §356]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.531 - Arrests, searches and seizures made on Sunday.

The arrests, searches and seizures provided for in the commercial fishing laws may be made on Sunday. In this event the persons arrested shall be taken before any justice of the peace or judge having jurisdiction, who shall bind over the persons arrested to appear and be proceeded against as soon as may be on a week day following the arrest. [1965 c.570 §41]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.535 - Jurisdiction of courts over commercial fishing law violations; commencement of prosecutions.

(1) Unless otherwise specifically provided, justice courts have concurrent jurisdiction in the first instance with circuit courts of all offenses under the commercial fishing laws.
(2) Any action or proceedings under the commercial fishing laws shall be commenced on order of the State Fish and Wildlife Commission or a person duly authorized to enforce such laws, or by any district attorney, in the county in which the offense is alleged to have been committed. [Amended by 1965 c.570 §43]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.540 - Payment of rewards.

The State Fish and Wildlife Commission may offer and authorize payment of rewards for the arrest and conviction of any person who has violated any of the commercial fishing laws, but no reward of more than $100 shall be offered or paid for any one arrest or conviction. [Amended by 1965 c.570 §48]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.550 - Search by peace officers to enforce commercial fishing laws.

The officers mentioned in ORS 506.521 may search and examine all places where food fish may be kept, sold or secreted and examine all packages, boxes and bundles held either for storage or shipment which they have reason to believe contain evidence of violation of the commercial fishing laws. [Amended by 1965 c.570 §50]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.555 - Issuance of search warrants.

Any court having jurisdiction of any offense against the commercial fishing laws, upon receiving proof or probable cause for believing in the concealment of any food fish taken or possessed contrary to law, shall issue a search warrant and cause a search to be made in any place, and to that end cause any place where concealment may be effected, to be opened and the contents examined by any officer charged with the enforcement of the commercial fishing laws. [Amended by 1965 c.570 §51]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.560 - Nonliability of peace officers enforcing commercial fishing laws.

The officers described in ORS 506.521 shall not suffer civil or criminal liability for any arrest, seizure or search as provided under the commercial fishing laws. [Amended by 1965 c.570 §52]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.605 - Naming place of offense in complaint, information or indictment.

In any criminal prosecution under the commercial fishing laws, it is not necessary in the complaint, information or indictment to name the particular waters of the state if they are unknown to the person signing or filing the complaint or information or to the grand jury returning the indictment. It is sufficient if it is stated in such cases in the complaint, information or indictment that the particular waters of the state are to such person, or to the grand jury, unknown. [Amended by 1965 c.570 §44]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.610 - When possession prima facie evidence of taking fish unlawfully.

(1) The possession or custody of food fish on, near, adjacent to or in the vicinity of any waters of this state, during the closed season on such waters, is prima facie evidence that such fish were unlawfully taken during the closed season on such waters.
(2) In all cases where such possession or custody by accused persons on, near, adjacent to or in the vicinity of any of such closed waters is proven, the burden of proof is shifted to the persons found having such possession or custody, to establish that the fish were lawfully taken during an open season and from waters from which it was at such time lawful to take such fish. [Amended by 1965 c.570 §45]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.620 - Inspections by director or agent.

The State Fish and Wildlife Director or authorized agent may enter and inspect all canneries, cold storage houses, packing establishments, business places, boats, fishing gear, and all property used in the taking, processing and packing of food fish, for the purpose of enforcing the commercial fishing laws. [Amended by 1965 c.570 §49]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.625 - Compelling testimony in commercial fishing law enforcement proceedings.

In any action or proceeding for the enforcement of any of the provisions of the commercial fishing laws, or in any investigation before a grand jury, district attorney or other officer, or any criminal proceeding, no person shall be excused from testifying concerning any offense committed by another or by the person on the ground that the testimony of the person may incriminate the person. However, such testimony shall not be used against the person in any prosecution for any crime or misdemeanor under the laws of the state, nor shall the person be subjected to any criminal prosecution or any penalty or forfeiture for or on account of any transaction, matter or thing concerning which the person has been compelled to testify or to produce evidence, documentary or otherwise. [Amended by 1965 c.570 §46]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 506.635 - Execution for payment of fines and costs.

Any fishing gear used in violation of the commercial fishing laws, including boats or vehicles of any kind and other appliances, is subject to execution for the payment of fines and costs provided for in the commercial fishing laws. [1965 c.570 §55]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 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 506.602; 1975 c.253 §27; 1977 c.652 §4; 1999 c.1013 §1; 1999 c.1051 §275; 2023 c.166 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 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. [Formerly 506.603; 1977 c.652 §5; 1987 c.858 §7; 1993 c.699 §26; 2009 c.835 §10]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 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 506.521 may maintain an action upon such undertaking, and the clear proceeds shall be deposited with the State Treasury in the Common School Fund. [1977 c.652 §7; 1987 c.858 §8; 1993 c.699 §27; 2009 c.835 §11]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 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:
506.750 and 506.755 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 506 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 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 nation’s 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 506.750.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 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. [1981 c.365 §18]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 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:
506.898 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 506 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 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. [1965 c.570 §56; 1975 c.517 §1; 1977 c.242 §4; 1977 c.353 §2; 1983 c.364 §2; 1993 c.699 §28; 1999 c.1051 §314; 2013 c.164 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 506 - Application, Administration and Enforcement of Commercial Fishing Laws › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 507 - Compacts with Other States › Section 507.010 - Oregon-Washington Columbia River fish compact.

Congress, by virtue of the authority vested in it under section 10, Article I, United States Constitution, providing for compacts and agreements between states, having ratified the recommendations of the conference committees of the States of Oregon and Washington, appointed to agree on legislation necessary for the regulation, preservation and protection of fish in the waters of the Columbia River, over which said states have concurrent jurisdiction, and other waters within either state which would be affected by such concurrent interest, recommendations being as follows: "We further recommend that a resolution be passed by the legislatures of Washington and Oregon, whereby the ratification by Congress of the laws of the States of Oregon and Washington shall act as a treaty between said states, subject to modification only by joint agreement by said states;" and the recommendation having been approved by resolution adopting the report of the conference committee, there exists between the States of Oregon and Washington a definite compact and agreement, the purport of which is substantially as follows: All laws and regulations now existing, or which may be necessary for regulating, protecting or preserving fish in the waters of the Columbia River, over which the States of Oregon and Washington have concurrent jurisdiction, or any other waters within either of said states, which would affect the concurrent jurisdiction, shall be made, changed, altered and amended in whole or in part, only with the mutual consent and approbation of both states.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 507 - Compacts with Other States › Section 507.020 - Oregon-Washington concurrent jurisdiction waters.

The waters over which the States of Oregon and Washington are deemed to have concurrent jurisdiction comprise the waters of the Columbia River and its tributaries, within the confines of the States of Oregon and Washington, where such waters are state boundaries.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 507 - Compacts with Other States › Section 507.030 - Modification of Oregon-Washington Columbia River fish compact; hearing.

(1) The State Fish and Wildlife Commission, on behalf of the State of Oregon, may enter into an agreement with the constituted authority of the State of Washington, to modify the existing agreement with respect to fishing in the waters of the Columbia River and its tributaries, within the confines of the States of Oregon and Washington, where such waters are state boundaries between the States of Oregon and Washington, as approved by the United States Congress on April 8, 1918.
(2) The commission, in entering into any agreement with the constituted authority of the State of Washington, as provided in subsection (1) of this section, may hold a hearing jointly with such constituted authority of the State of Washington within the State of Washington. However, any such joint meeting scheduled in either state shall be held not more than 25 miles from an area of the Columbia River where commercial fishing is permitted. [Amended by 1959 c.321 §1; 1965 c.570 §150; 1971 c.187 §2; 1975 c.545 §14; 1987 c.244 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 507 - Compacts with Other States › Section 507.050 - Representation on Pacific States Marine Fisheries Commission.

(1) The State Fish and Wildlife Director, one legislator appointed as provided in this section and one public member appointed by the Governor shall act as representatives of the State of Oregon on the Pacific States Marine Fisheries Commission in accordance with the provisions of and with the powers and duties in the compact set forth in ORS 507.040.
(2) The legislative member shall be appointed by the President of the Senate or the Speaker of the House of Representatives.
(3) The legislative member shall serve for a term of four years. The Speaker of the House of Representatives and the President of the Senate shall alternate in making the appointment of the legislative member.
(4) Notwithstanding ORS 171.072, the legislative member is not entitled to mileage expenses or a per diem and serves as a volunteer on the commission.
(5) Members of the commission who are not members of the Legislative Assembly are not entitled to compensation or reimbursement of expenses and serve as volunteers on the commission. [Amended by 1961 c.192 §1; 1975 c.253 §29; 1987 c.436 §1; 2007 c.71 §170; 2009 c.11 §72; 2011 c.272 §16; 2015 c.27 §53]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.025 - License required to take, process or deal in fish.

(1) It is unlawful for any person, without first procuring a license from the State Fish and Wildlife Commission, to:
(a) Take food fish in any of the waters of this state for commercial purposes or land food fish in this state for commercial purposes.
(b) Buy, sell or otherwise deal in food fish for commercial purposes.
(c) Process or can food fish for commercial purposes.
(2) In a prosecution under this section, it is no defense that a person did take the person’s own food fish for commercial purposes. [1965 c.570 §60]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.030 - License required for fishing gear.

It is unlawful for any individual to operate, or leave in a condition to take food fish in any of the waters of this state, any fishing gear used in taking food fish, without first obtaining from the State Fish and Wildlife Director or the authorized agent of the director such license as may be prescribed by this chapter. The license must be in the possession of such individual at the time the fishing gear is being used. [1965 c.570 §61]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.035 - Separate licenses required for certain fishing gear and activities.

(1) Separate licenses are required for each:
(a) Person other than an employee operating as a canner of food fish.
(b) Person other than an employee operating as a wholesale fish dealer, for each separate place of business.
(c) Individual acting or engaged as a fish buyer by a person licensed under paragraph (a) or (b) of this subsection.
(d) Person licensed under paragraph (a) or (b) of this subsection, for each permanent site or location operated by such person as a fish-buying station.
(e) Individual taking or assisting in the taking of food fish for commercial purposes as described in ORS 508.235.
(f) Boat, used in taking food fish for commercial purposes, as described in ORS 508.260.
(g) Single delivery of food fish from the Pacific Ocean for commercial purposes in the absence of licenses under paragraphs (e) and (f) of this subsection.
(h) Person other than an employee operating as a fish bait dealer, for each separate place of business.
(i) Individual taking or assisting in the taking of food fish for sale to a fish bait dealer.
(2) The State Fish and Wildlife Commission shall classify and define the various licenses provided for in this section and shall direct the State Fish and Wildlife Director to issue licenses accordingly and the classification shall be final. [1965 c.570 §62; 1969 c.172 §1; 1971 c.540 §4; 1973 c.768 §19]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.040 - Unlawful to knowingly buy or receive fish from unlicensed person.

It is unlawful for a wholesaler, canner or buyer to buy or receive food fish from a person who the wholesaler, canner or buyer does not have reasonable cause to believe is licensed as required under ORS 508.035, unless such person is exempt from the requirements of ORS 508.035. [1965 c.570 §62a]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.045 - Exemption of retail fish dealers.

Notwithstanding ORS 508.025 and 508.035, no license is required to handle or deal in food fish and shellfish for human consumption as a retail fish dealer. [1965 c.570 §63; 1969 c.172 §2; 1971 c.540 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.106 - Permit to take carp or other nongame fish; fee.

(1) Upon receiving a written application therefor, accompanied by a fee of $30, the State Fish and Wildlife Commission may issue to any person a permit to take carp or other nongame fish.
(2) The kind or kinds of fish, the method to be used and the name and location of the body of water from which the fish are to be taken, shall be specified in the permit.
(3) After having obtained a permit as provided for in subsection (1) of this section, and subject to any rules of the commission, any person may take carp or nongame fish from any of the waters of this state described in the permit.
(4) It is unlawful to:
(a) Retain any fish other than described in the permit in connection with the use of any permit issued under subsection (1) of this section, and any other fish taken shall at once be set free; or
(b) Take any fish for commercial purposes by a permit issued under subsection (1) of this section without first having obtained a license under ORS 508.035. [1965 c.570 §64; 1973 c.768 §12; 1975 c.253 §30; 2009 c.832 §19]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.116 - Permit to take animals living intertidally on bottom; fees.

(1)(a) The State Fish and Wildlife Director may issue to any person a permit to take animals living intertidally on the bottom.
(b) The annual fee for a resident permit issued under this section is $125.
(c) The annual fee for a nonresident permit issued under this section is $175.
(2) It is unlawful to take animals living intertidally on the bottom for commercial purposes by a permit issued under subsection (1) of this section without first having obtained a license under ORS 508.035. [1965 c.570 §64b; 2009 c.832 §20; 2015 c.779 §32]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.121 - Juvenile jig line license.

(1) Any juvenile may secure from the State Fish and Wildlife Commission free of charge a juvenile jig line license to take herring, pilchard, perch, anchovies and candlefish by a hand or jig line and to sell such fish so taken by the juvenile to a wholesale fish dealer or a fish bait dealer.
(2) As used in this section, "juvenile" means any individual 17 years of age or younger as of January 1 of the year for which the license is issued.
(3) The license, for the purposes authorized in this section, is in lieu of the commercial fisherman and boat licenses required under ORS 508.235 and 508.260. [1965 c.103 §2; 1971 c.540 §8]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 508 - Licenses and Permits › Section 508.124 - Northern pikeminnow fishing derby license; rules.

(1) An organizer of a fishing derby may apply for and obtain from the State Fish and Wildlife Commission a fishing derby license to take northern pikeminnow and to sell, for charitable fund-raising purposes, northern pikeminnow taken during the duration of the derby. A fee may not be charged for the license.
(2) Upon receipt of an application for a fishing derby license, the commission shall review the application and issue a fishing derby license if the commission determines that the fishing derby will comply with the rules of the commission related to the protection of native fish species, including northern pikeminnow, and will be conducted in a manner that minimizes impacts on sensitive populations or habitats, except that the commission may issue no more than two fishing derby licenses per year for a given body of water.
(3) A fishing derby for which a fishing derby license has been obtained under this section may have a duration of no longer than three days.
(4) An organizer of a fishing derby is required to obtain a separate fishing derby license for each fishing derby.
(5) The commission may adopt rules necessary to implement the provisions of this section. Notwithstanding ORS 508.025, 508.030, 508.035, 508.235, 508.260, 508.505 and 508.535, rules adopted by the commission may provide that separate licenses under the commercial fishing laws are not required for an organizer or a person to participate in a fishing derby for which the organizer holds a fishing derby license issued under this section.
(6) This section is not intended to and may not be interpreted to exempt an organizer or a person participating in a fishing derby from any applicable licensing requirements under the wildlife laws. [2015 c.590 §1]
Note:
508.124 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 508 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.