All laws enacted for
the protection, propagation and preservation of food fish or for the
protection and development of commercial fisheries in this state,
including but not limited to ORS chapters 506, 507, 508, 509, 511 and
513, may be cited as the commercial fishing laws. [1965 c.570 §2]
As used in the commercial fishing
laws, unless the context requires otherwise:
(1) “Angling” means fishing for personal use with one line attached
to a pole held in hand while landing the fish, or with a hand-operated
line without rod or reel, to which may be attached not to exceed three
hooks, except on floating bass plugs.
(2) “Boat” means any vessel, any floating craft, powered, towed,
rowed or otherwise propelled which is used for landing or taking food
fish.
(3) “Buy” includes offer to buy, barter, exchange or trade.
(4) “Commercial purposes” means taking food fish with any gear
unlawful for angling, or taking or possessing food fish in excess of the
limits permitted for personal use, or taking, fishing for, handling,
processing, or otherwise disposing of or dealing in food fish with the
intent of disposing of such food fish or parts thereof for profit, or by
sale, barter or trade, in commercial channels.
(5) “Commission” means the State Fish and Wildlife Commission
created by ORS 496.090.
(6) “Department” means the State Department of Fish and Wildlife.
(7) “Director” means the State Fish and Wildlife Director appointed
pursuant to ORS 496.112.
(8) “Fishing gear” means any appliance or device intended for or
capable of being used to take food fish except by angling.
(9) “Fixed fishing gear” includes but is not limited to stationary
gear operated at a fixed location.
(10) “Personal use” means taking or fishing for food fish by
angling or by such other means and with such gear as the commission may
authorize for fishing for personal use, or possessing the same for the
use of the person fishing for, taking or possessing the same and not for
sale or barter.
(11) “Sell” includes offer or possess for sale, barter, exchange or
trade.
(12) “Take” means fish for, hunt, pursue, catch, capture or kill or
attempt to fish for, hunt, pursue, catch, capture or kill.
(13) “Transport” means transport by any means, and includes offer
or receive for transportation.
(14) “Waters of this state” means all waters over which the State
of Oregon has jurisdiction, or joint or other jurisdiction with any other
state or government, including waters of the Pacific Ocean and all bays,
inlets, lakes, rivers and streams within or forming the boundaries of
this state. [1965 c.570 §3; 1975 c.253 §13; 1995 c.602 §1; 2003 c.14 §337] As used in the commercial
fishing laws, unless the context requires otherwise:
(1) “Anadromous fish” includes but is not limited to salmon, as
defined in ORS 506.016; roccus saxatilis, commonly known as striped bass;
alosa sapidissima, commonly known as shad; acipenser medirostris and
acipenser transmontanus, commonly known as sturgeon; and thaleichthys
pacificus, commonly known as smelt.
(2) “Animals living intertidally on the bottom” includes but is not
limited to starfish, sea urchins, sea cucumbers, snails, bivalves, worms,
coelenterates and shore, hermit and other small crabs not included within
subsection (1) or (7) of this section.
(3) “Black rockfish” means sebastes melanops, commonly known as
black rockfish.
(4) “Blue rockfish” means sebastes mystinus, commonly known as blue
rockfish.
(5) “Food fish” means any animal over which the State Fish and
Wildlife Commission has jurisdiction pursuant to ORS 506.036.
(6) “Nearshore fish” means:
(a) Enophrys bison, commonly known as buffalo sculpin;
(b) Hemilepidotus hemilepidotus, commonly known as red Irish lord;
(c) Hemilepidotus spinosus, commonly known as brown Irish lord;
(d) Scorpaenichthys marmoratus, commonly known as cabezon;
(e) Hexagrammos decagrammus, commonly known as kelp greenling;
(f) Hexagrammos lagocephalus, commonly known as rock greenling;
(g) Hexagrammos stelleri, commonly known as whitespotted greenling;
(h) Oxylebius pictus, commonly known as painted greenling;
(i) Sebastes atrovirens, commonly known as kelp rockfish;
(j) Sebastes auriculatus, commonly known as brown rockfish;
(k) Sebastes carnatus, commonly known as gopher rockfish;
(L) Sebastes caurinus, commonly known as copper rockfish;
(m) Sebastes chrysomelas, commonly known as black and yellow
rockfish;
(n) Sebastes dalli, commonly known as calico rockfish;
(o) Sebastes maliger, commonly known as quillback rockfish;
(p) Sebastes miniatus, commonly known as vermilion rockfish;
(q) Sebastes nebulosus, commonly known as china rockfish;
(r) Sebastes nigrocinctus, commonly known as tiger rockfish;
(s) Sebastes rastrelliger, commonly known as grass rockfish;
(t) Sebastes serranoides, commonly known as olive rockfish; or
(u) Sebastes serriceps, commonly known as treefish.
(7) “Shellfish” includes but is not limited to abalone, clams,
crabs, crayfish or crawfish, mussels, oysters, piddocks, scallops and
shrimp. [1965 c.570 §4; 2003 c.809 §11] As used in the commercial fishing laws,
“salmon” means all anadromous species of salmon, including but not
limited to:
(1) Oncorhynchus gorbuscha, commonly known as humpback, humpies or
pink salmon.
(2) Oncorhynchus keta, commonly known as chum or dog salmon.
(3) Oncorhynchus kisutch, commonly known as coho or silver salmon.
(4) Oncorhynchus nerka, commonly known as sockeye, red or blueback
salmon.
(5) Oncorhynchus tshawytscha, commonly known as chinook salmon.
[1965 c.570 §5; 1969 c.411 §1] Whenever the commercial fishing
laws state that it is unlawful to buy any food fish, illegally taken,
this prohibition means that it is unlawful to buy, knowing or having
reasonable cause to believe that the fish have been illegally taken or
transported within this state, or unlawfully imported or otherwise
unlawfully brought into this state. [Amended by 1965 c.570 §6] As used in the commercial fishing
laws, unless the context requires otherwise, “conservation” means
providing for the utilization and management of the food fish of Oregon
to protect the ultimate supply for present and future generations,
preventing waste and implementing a sound management program for
sustained economic, recreational and aesthetic benefits. [1971 c.187 §5;
1973 c.271 §1] (1)
Nothing in the wildlife laws of this state affects the lawful operation
of any fishing gear or the lawful taking of any food fish under the
commercial fishing laws.
(2) The commercial fishing laws apply to food fish except as
otherwise provided in ORS 506.045 and 506.050, and shall be enforced
regardless of any conflicting provisions in the wildlife laws of this
state. No act lawfully done under the commercial fishing laws is unlawful
in the event that such act conflicts with any provision of the wildlife
laws of this state. [1965 c.570 §7; 1975 c.545 §10; 1977 c.242 §2](1) Except as otherwise provided in subsection (4) of this section
and in ORS 506.045 and 506.050, the State Fish and Wildlife Commission
has exclusive jurisdiction over all fish, shellfish, and all other
animals living intertidally on the bottom, within the waters of this
state. The commission has joint or other jurisdiction with any other
state or government over all such fishes within the waters of the
Columbia River and its tributaries where such waters form the boundaries
of this state.
(2) The commission has jurisdiction over those species of fish,
shellfish and all other animals living intertidally on the bottom
referred to in subsection (1) of this section transported into or landed
in this state which have been taken in waters outside this state.
(3) The duty of protection, preservation, propagation, cultivation,
development and promotion of all fishes under its jurisdiction is
delegated to and imposed upon the commission.
(4) The commission has no regulatory authority or jurisdiction over
the commercial cultivation of oysters in the waters of this state.
However, nothing in this subsection is intended to affect the authority
of the commission under ORS 509.140. [1965 c.570 §8; 1975 c.253 §20; 1981
c.638 §13; 1983 c.364 §3] There are
excluded from the operation of ORS 506.129, 506.136, 507.030, 508.025,
508.285, 509.025 (1) and 509.216, any Warm Springs, Umatilla, Yakima,
Wasco, Tenino, Wyum and other Columbia River Indians affiliated with
these tribes and entitled to enjoy fishing rights, who have not severed
their tribal relations, in so far as it would conflict with any rights or
privileges granted to such Indians under the terms of the treaties made
by the United States with the Warm Springs Indians on June 25, 1855, and
with the Umatilla and Yakima Indians on June 9, 1855. [Formerly 506.195;
1975 c.545 §11; 1977 c.242 §3](1) The
United States Fish and Wildlife Service, the State Fish and Wildlife
Commission and their duly authorized agents may conduct fish cultural
operations and scientific investigations in the waters of this state in
such manner and at such times as may be considered necessary and proper
by the service, the commission or their agents.
(2) The commission shall propagate and stock the waters of this
state with such fish as it considers proper. [1965 c.570 §11] It is the policy of the State
of Oregon that food fish shall be managed to provide the optimum
economic, commercial, recreational and aesthetic benefits for present and
future generations of the citizens of this state. In furtherance of this
policy, the goals of food fish management are:
(1) To maintain all species of food fish at optimum levels in all
suitable waters of the state and prevent the extinction of any indigenous
species.
(2) To develop and manage the lands and waters of this state in a
manner that will optimize the production, utilization and public
enjoyment of food fish.
(3) To permit an optimum and equitable utilization of available
food fish.
(4) To develop and maintain access to the lands and waters of the
state and the food fish resources thereon.
(5) To regulate food fish populations and the utilization and
public enjoyment of food fish in a manner that is compatible with other
uses of the lands and waters of the state and provides optimum commercial
and public recreational benefits.
(6) To preserve the economic contribution of the sports and
commercial fishing industries in a manner consistent with sound food fish
management practices.
(7) To develop and implement a program for optimizing the return of
Oregon food fish for Oregon’s recreational and commercial fisheries.
[1975 c.253 §15; 1985 c.529 §2](1) The State Fish and Wildlife Commission has the authority
to formulate and implement the policies and programs of this state for
the management of food fish, and may perform all acts necessary to
administer and carry out the provisions of the commercial fishing laws.
(2) In accordance with any applicable provision of ORS chapter 183,
the commission may promulgate rules to carry out the provisions of the
commercial fishing laws. [1975 c.253 §17]
The State Fish and
Wildlife Commission shall adopt rules governing public and private salmon
hatchery practices by July 1, 1984. The commission shall also submit
quarterly reports to the Emergency Board on matters related to the
adoption of rules and the impact of hatchery practices on the salmon
resource. [1983 c.797 §8](1) After investigation of the supply and condition of food
fish, the State Fish and Wildlife Commission, at appropriate times each
year, shall by rule:
(a) Prescribe the times, places and manner in which food fish may
be taken or sold, except when canned or otherwise processed, and the
amount of those food fish species that may be taken or sold.
(b) Prescribe such other restrictions or procedures regarding the
taking, selling or possessing of food fish as the commission determines
will carry out the provisions of the commercial fishing laws.
(2) In carrying out the provisions of subsection (1) of this
section, the power of the commission includes, but is not limited to:
(a) Prescribing the amount of each food fish species that may be
taken and possessed in terms of sex, size and other physical
characteristics.
(b) Prescribing such regular and special time periods and areas
closed to the taking and selling of any food fish species when the
commission determines such action is necessary to protect the supply of
such food fish.
(c) Prescribing regular and special time periods and areas open to
the taking and selling of any food fish species, and prescribing means by
which the taking of food fish is permitted. [1975 c.253 §16]Note: Sections 1 and 2, chapter 472, Oregon Laws 2003, provide:
Sec. 1. The State Fish and Wildlife Commission may by rule
establish a pilot program for the sale of fish at locations away from
vessels participating in the nontreaty Columbia River fisheries. All
sales of fish at locations away from vessels must comply with the State
Department of Agriculture licensing and food handling requirements. [2003
c.472 §1]
Sec. 2. Section 1 of this 2003 Act is repealed on January 2, 2008.
The State Fish and Wildlife Commission shall:
(1) Investigate the habits, supply and economic uses of, and
classify all food fish.
(2) Classify all fishing gear and such classification shall be
final. [1965 c.570 §21] The Fish Division established
pursuant to ORS 496.124 shall be responsible for the management of all
fish and other marine life over which the State Fish and Wildlife
Commission has regulatory jurisdiction. [1975 c.253 §18]
The State Fish and Wildlife Director
shall:
(1) Be responsible to the State Fish and Wildlife Commission for
the administration and enforcement of the commercial fishing laws.
(2) Be responsible for the collection, application and
dissemination of information pertinent to the management of food fish
resources and to the regulation of the uses of such resources. [1975
c.253 §19]
The State
Fish and Wildlife Commission may:
(1) Acquire by purchase, lease, gift, agreement or donation, real
property, or any right or interest therein, including any easement or
right of access, necessary:
(a) To construct or maintain fish hatcheries, fishways or research
facilities;
(b) To remove logjams; or
(c) Otherwise to carry out the duties imposed on the commission by
law.
(2) Acquire by exercise of the power of eminent domain any easement
or right of access necessary to construct or maintain fishways or remove
logjams. Proceedings instituted by the commission under this subsection
shall be conducted in accordance with ORS chapter 35.
(3) Lease, dispose of or grant easements upon any property owned by
the state and used for the protection, propagation or preservation of
food fish, which is found to be of no further use or value to the state.
The commission shall turn over the proceeds arising from such disposition
to the State Treasurer to be credited to the General Fund. [1965 c.570
§16; 1971 c.741 §34](1) Subject to subsection (2) of this
section, the State Fish and Wildlife Commission may acquire by gift or
purchase, and may acquire by capture or otherwise in this state, any
fish, eggs or larvae thereof for propagation, experimental or scientific
purposes.
(2) The commission or any other person authorized by it who takes
salmon eggs from the waters of the Rogue River for the purpose of
supplying the various hatcheries of this state, shall return at least 40
percent of the fish hatched from the eggs to the Rogue River. [1965 c.570
§28] (1) The
State Fish and Wildlife Commission shall cause to be commenced and shall
supervise the construction of a fish hatchery on the Oregon coast for the
purpose of rearing coho and chinook salmon. The location for the site of
the hatchery shall be at the discretion of the commission. Selection of
the site shall be based upon the most recent research data available to
the commission.
(2) The hatchery constructed pursuant to subsection (1) of this
section shall be maintained and operated by the commission. [1967 c.360
§§1,4] The State Fish
and Wildlife Commission may construct, maintain or operate hatcheries in
an adjoining state, but no hatchery shall be constructed or operated on
any stream in an adjoining state that is not a tributary of the Columbia
River, or whose waters do not flow into the Columbia River.Whenever deadlines are established on any of the waters of this
state, either by legislative enactment or by order of the State Fish and
Wildlife Commission, the commission shall, within a reasonable time,
erect suitable monuments or markers in the water or on the banks of the
water designating the closed portion of the water. It is unlawful to
remove, destroy, alter or mutilate any of these monuments or markers.
[Amended by 1965 c.570 §27]Notwithstanding any other provision of
law the State Department of Fish and Wildlife shall not use in any body
of water any electric current or electric shock device for the purpose of
capturing any adult salmonids for a person granted a permit pursuant to
ORS 508.700 to 508.745. [1981 c.646 §2] The State
Department of Fish and Wildlife shall prepare and make available to the
public upon request monthly reports of fish hatchery operations.
Information in the report shall include, but is not limited to:
(1) The location of each state facility at which salmon eggs were
taken and the number of eggs taken.
(2) The number and destination of salmon eggs transferred from one
state facility to another.
(3) The number of salmon eggs to be reared at each state facility.
(4) The number of salmon eggs sold from each state facility to any
person granted a permit pursuant to ORS 508.700 to 508.745.
(5) The number of salmon eggs from state facilities allocated for
volunteer salmonid improvement program activities.
(6) The location and circumstances of each mortality incident
involving 10,000 or more salmon eggs at a state facility. [1981 c.646 §3]
The State Fish and Wildlife Commission, by rule, may prescribe a
commercial fishing vessel fleet reduction program that complies with the
federal Salmon and Steelhead Conservation and Enhancement Act of 1980.
[1981 c.365 §38](1) The State Fish and Wildlife
Commission shall collect all moneys to be paid to this state for the
protection, preservation, propagation and development of the commercial
fishing industry and arising under the commercial fishing laws and
deposit such moneys in the Commercial Fisheries Fund.
(2) Except as provided in ORS 506.630, all fines collected for
violation of the commercial fishing laws shall be credited and
distributed under ORS 137.293 and 137.295 as monetary obligations payable
to the state. [1965 c.570 §29; 1987 c.905 §26; 1991 c.701 §23; 1997 c.545
§1] Except as otherwise
provided in ORS 506.321, all expenditures of the State Fish and Wildlife
Commission pursuant to the commercial fishing laws shall be made from
moneys appropriated for the purposes for which such moneys are used, upon
claims presented and warrants drawn pursuant to law. [1965 c.570 §30;
1967 c.454 §108]The State Fish and Wildlife Commission may accept gifts of
money, lands or other property and use the same for the protection,
preservation, propagation and development of the fishery resource,
subject to the terms of the gift. Subject to such terms the gifts may be
used or exchanged for the acquisition of other lands, waters, rights,
easements or other property. Any moneys received under this section not
otherwise appropriated hereby are appropriated for such purposes.
[Formerly 506.235]
The State Fish and Wildlife Commission may:
(1) Enter into such contracts, appoint such officers and do any
other act or thing necessary fully to meet the requirements of the United
States and the officers acting under federal statute in aid of the
conservation and preservation of fish and fisheries in this state or
concerning any federal project wherein the conservation and preservation
of such fish and fisheries are involved.
(2) Accept contributions of funds from the federal government for
such purposes.
As used in
ORS 506.450 to 506.465, “developmental fishery” means activity for the
development of commercial taking of an underutilized food fish species.
The State Fish and Wildlife Commission by rule shall determine those
species of food fish that are underutilized. [1993 c.765 §115] It is the policy of the State of Oregon to
institute a management system for developmental fishery resources that
addresses both long term commercial and biological values and that
protects the long term sustainability of those resources through planned
commercial development when appropriate. [1993 c.765 §116]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](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]COMMERCIAL FISHING LAW ENFORCEMENT(General Provisions)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] 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](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] 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] 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]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, 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](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] 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](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] 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]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] 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]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]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](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] 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]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] (1) One-half of all fines imposed in
justice courts for the violation of any of the commercial fishing laws
and collected in money shall be credited and distributed under ORS
137.293 and 137.295 to the treasurer of the county in which the action or
proceeding is commenced, as a monetary obligation payable to the county,
for credit to the general fund of the county. One-half of all fines so
imposed and collected in justice courts shall be credited and distributed
under ORS 137.293 and 137.295, as a monetary obligation payable to the
state. The district attorney of the county, upon payment of any judgment,
shall satisfy it of record as attorney for the state.
(2) Payment of fines under this section shall be made within the
first 20 days of the month following the month in which collected.
[Amended by 1961 c.346 §1; 1965 c.570 §47; 1971 c.186 §6; 1981 s.s. c.116
§3; 1983 c.763 §51; 1987 c.905 §27] 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](Seizure and Disposition of Unlawful Equipment and 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 market value 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](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. Following the seizure the boats, gear
and vehicles shall be delivered to the sheriff of the county in which the
seizure occurred. The sheriff 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](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 sheriff 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](Damages for Unlawful Taking)(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 referred to in
this section that are the property of the state.
(2) The damages referred to in subsection (1) of this section shall
be as follows:
(a) For food fish other than pink shrimp, salmon or steelhead,
twice the average market value of the food fish.
(b) For salmon or steelhead taken in waters other than the waters
of the Pacific Ocean, $125 per fish.
(c) For salmon or steelhead taken in the waters of the Pacific
Ocean:
(A) For the first violation, twice the average market value of the
food fish.
(B) For the second and each subsequent violation within a five-year
period, $125 per fish.
(d) For pink shrimp:
(A) For the first violation, five percent of the average market
value of the food fish.
(B) For the second violation within a five-year period, 10 percent
of the average market value of the food fish.
(C) For the third and each subsequent violation within a five-year
period, 20 percent of the average market value of the food fish.
(3) The commission shall by rule in January of each year establish
the average market value for each species of food fish for the year.
(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 restitutions for violations of the commercial fishing laws
have not been paid. [1987 c.213 §2]FISHERIES CONSERVATION ZONE 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.(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.FISH MARKETING 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]MISCELLANEOUSAny 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]PENALTIES (1) Except as provided in this section,
and subject to ORS 153.022, violation of any provision of the commercial
fishing laws, or of any rule promulgated by the State Fish and Wildlife
Commission in carrying out the commercial fishing laws, is a Class A
misdemeanor.
(2) In lieu of the fine provided in ORS 161.635, and in addition to
the imprisonment provided in ORS 161.615, any violation 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.
(3) Violation of any provision of ORS 509.011 which 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.
(4) 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.
[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] (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]
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