USA Statutes : oregon
Title : TITLE 41 WILDLIFE
Chapter : Chapter 509 General Protective Regulations
It is unlawful to take, possess, buy, sell
or otherwise handle any food fish in or from any waters of this state,
during times, in a manner or by means of the fishing gear prohibited by
law. [1965 c.570 §92]


(1) It is
unlawful, during a closed season on any of the waters of this state, to:

(a) Take or transport food fish taken in or upon such waters.

(b) Make use of a boat or any fishing gear to take or transport
food fish taken in such waters.

(c) Have, leave or cause to be left in such waters any fishing gear
in a condition to take food fish.

(2) It is unlawful to:

(a) Buy, receive, possess or sell food fish unlawfully caught
during a closed season.

(b) Make use of a vehicle of any kind whatsoever for transporting,
or intended to be used for transporting, in any place, food fish
unlawfully taken during a closed season, or unlawfully brought into this
state. [1965 c.570 §93](1) In addition to
the penalty prescribed by ORS 506.991, upon conviction of a violation of
ORS 509.011, the court may order the forfeiture of the boat, vessel,
vehicle and fishing gear unlawfully used, in the manner provided by ORS
506.695 and 506.700, and the clear proceeds of the property forfeited
shall be deposited with the State Treasury in the Common School Fund.

(2) All food fish taken, transported or possessed in violation of
ORS 509.011 are subject to seizure by the State Fish and Wildlife
Director, a deputy fish or game warden or a member of the state police,
either with or without arrest. Upon such seizure, the fish are subject to
forfeiture and disposition pursuant to ORS 506.690. [Amended by 1957
c.133 §1; 1965 c.570 §95; 1977 c.652 §8; 1987 c.858 §9; 1993 c.699 §29]
Notwithstanding any other provision of law, an individual lawfully
engaged in commercial fishing, while at sea, may consume a portion of the
lawful commercial catch, without payment of the fees required under ORS
508.505. [1987 c.178 §2; 1991 c.701 §18]


It is
unlawful to sell within this state, or transport out of this state for
the purpose of sale, food fish taken from any waters of this state by
means of angling. [Amended by 1965 c.570 §94; subsection (2) enacted as
1965 c.570 §107; 1977 c.242 §6](1) It shall be the policy of the State of Oregon that
rainbow trout, Oncorhynchus mykiss, including steelhead trout are game
fish, and shall be managed to provide recreational angling for the people
and to protect wild native stocks. Recognizing that rainbow trout are
sometimes intermingled with food fish, the State Fish and Wildlife
Commission shall regulate to minimize the incidental catch of rainbow
trout that may be taken under subsection (2) of this section by
commercial fishing gear, including but not limited to regulations as to
season, gear and area.

(2) Any rainbow trout, Oncorhynchus mykiss, including steelhead
trout taken as an incidental catch, by any person fishing commercially
shall be returned immediately to the water and shall not be bought or
sold within the state.

(3) Nothing in this section is intended to affect Indian fishing
rights as granted by federal treaties. [1975 c.1 §2 (enacted in lieu of
509.030); 1987 c.199 §1; 1991 c.47 §1] (1)
Any person who takes any immature salmon of any variety less than 20
inches in length, or any mature salmon of any variety less than 15 inches
in length, by any means other than angling, shall immediately return such
salmon alive to the water.

(2) It is unlawful to:

(a) Take, buy, sell or possess immature salmon less than 20 inches
or mature salmon less than 15 inches in length, taken in any waters of
this state, at any time or in any manner except by angling.

(b) Take, molest, kill or injure, in any manner at any time, or
expose for sale or have in possession, except for the purpose of
propagation when authorized by law, any spawning salmon.

(3) Notwithstanding subsections (1) and (2) of this section it is
lawful to take precocious salmon commonly called jack salmon less than 15
inches in length from the waters of this state, except the Pacific Ocean
and to buy, sell or possess such salmon.

(4) To further protect immature salmon the State Fish and Wildlife
Commission may establish by rule a minimum size for any species of salmon
which is greater than 20 inches. [Amended by 1965 c.570 §97]It is unlawful to sell, can, process or
preserve for food any food fish that have been removed from the water for
a longer period than 60 hours, unless such fish have been artificially
chilled. [Amended by 1965 c.570 §102]
If the State Fish and Wildlife Commission or its authorized
representatives finds that food fish about to be processed, packed,
canned, preserved in ice or sold in the open market are unfit for human
consumption, it or they shall notify the packer or possessor of such fish
of the fact. If, in spite of any warning given to such packer or
possessor, such fish are packed, demand shall be made upon the packer to
keep such fish separate and apart from the balance of the output or pack
of the packer, and a full report shall be made of the matter to both the
state and the federal health authorities. [Amended by 1965 c.570 §103]It is unlawful to possess, import into
this state or transport within this state any food fish which have been
unlawfully taken or transported under the laws of another state. [Amended
by 1957 c.291 §1; 1965 c.570 §108](1) All transportation companies, common
carriers or other persons or agencies transporting food fish, fresh,
frozen, salted, smoked, kippered or preserved in ice, shall require of
the shipper, before accepting such shipments, a signed statement in
writing showing:

(a) The name of the consignor or shipper.

(b) The name of the consignee.

(c) The net weight in pounds of each species of fish in the
shipment, in the whole or round, or dressed.

(d) The date of the shipment.

(2) The State Fish and Wildlife Commission may require such
statement to be forwarded to its office.

(3) The State Fish and Wildlife Director or the authorized
representative of the director may at any time examine the records of any
such transportation companies, common carriers or other persons or
agencies, for the purpose of enforcing this section. [Amended by 1965
c.570 §109]WASTING, INJURING AND DESTROYING FISH It is unlawful for any person wantonly
to waste or destroy any food fish. [Formerly 509.065] It is
unlawful, without written authority from the State Fish and Wildlife
Commission, to place in any of the waters of this state any species or
variety of fish whatsoever which are inimical to or destructive of food
fish. [Amended by 1965 c.570 §105] It is unlawful to
use or permit to be used in any of the waters of this state any
electrical device, appliance or current which in any manner has a
tendency to retard, scare, frighten or obstruct any food fish in their
migrations or movements in such waters without first having obtained the
consent of and a permit from the State Fish and Wildlife Director.
[Amended by 1965 c.570 §106] As used in ORS
509.125 to 509.155, unless the context requires otherwise:

(1) “Explosives” means any explosive substances whatever, including
but not limited to powder, dynamite and nitroglycerine.

(2) “Substance deleterious to fish” includes but is not limited to
any drug, powder, chemical, medicated bait, gas, cocculus indicus or
extract therefrom, inimical to fish. [1965 c.570 §110]It is unlawful to place or cause to be placed in any stream of
this state where anadromous or food fish run or exist, within the
distance from any dam, fishway or object in which the taking of any
anadromous or food fish by means other than angling is prohibited by law,
any blood or offal of fish, or any other substance, matter or contrivance
that will frighten or drive anadromous or food fish, or with intent to
drive or frighten, out of that part of the waters of any stream in which
it is unlawful to take such fish. [Amended by 1965 c.570 §111]It is unlawful, for the purpose of taking or
destroying any food fish, to:

(1) Throw, cast or pass, or cause or permit to be thrown, cast or
passed, in any waters of this state in which food fishes are wont to be,
any substance deleterious to fish; or

(2) Explode or cause to be exploded in any waters of this state,
any explosives. [Amended by 1963 c.112 §1; 1965 c.570 §112](1) Whenever in the course of removing any
obstruction in any waters of this state, or in constructing any
foundations for dams, bridges or other structures, or in carrying on any
trade or business, any person, municipal corporation, political
subdivision or governmental agency desires to use explosives or any
substances deleterious to fish, such person, municipal corporation,
political subdivision or governmental agency shall make application to
the State Fish and Wildlife Commission for a permit to use the explosives
or substances in such waters.

(2) If the commission finds it necessary that the explosives or
substances be used, it may make an order granting such person, municipal
corporation, political subdivision or governmental agency the right to
use the explosives or substances and shall:

(a) Designate the places and period within which the explosives or
substances may be used; and

(b) Prescribe such precautions as will save fish from injury.

(3) It is unlawful to disregard such order or fail to obtain such
order or permit before using explosives or substances deleterious to
fish. [Amended by 1963 c.112 §2; 1965 c.570 §113]


Nothing in ORS 509.125 to 509.155 prevents the State Fish
and Wildlife Commission from using any explosives or substances
deleterious to fish for the purpose of destroying German carp or any
other predatory fish inimical to food fish, or from carrying out any of
the commercial fishing laws. [Amended by 1965 c.570 §114]Having in possession any food fish
under circumstances which make it reasonable to believe that they were
taken by means of explosives or substances deleterious to fish justifies
the arrest of the person having the fish in possession. It is then
incumbent upon such person to prove and show that the fish were taken by
lawful means. [Amended by 1965 c.570 §115]


(1) Except as provided in subsection (2) of this
section, it is unlawful to take food fish by means of fixed fishing gear
or seines in any of the waters of this state.

(2) The State Fish and Wildlife Commission by rule may permit fixed
fishing gear or seines for the taking of certain species of food fish
other than salmon or steelhead from the waters of this state. In enacting
any such rule the commission shall give due consideration to insuring
that the use of such fishing gear will not restrict the free migration or
impair the ultimate supply of salmon or steelhead. Any salmon or
steelhead taken as an incidental catch in operation of such gear shall
immediately, with care and the least possible injury to the salmon or
steelhead, be released and transferred to the water without violence.
[1965 c.570 §117; 1969 c.357 §1](1) Subject to the conditions provided in this section, ORS
509.216 and ORS chapter 513, it is unlawful to have in possession any
food fish taken in the waters of the Pacific Ocean outside the
territorial jurisdiction of this state by means of any fishing gear
except as provided by law or rule of the State Fish and Wildlife
Commission, for:

(a) The purpose of commercially packing, canning or preserving the
fish.

(b) The manufacture of fish meal, fish oil or other fish products
or by-products.

(c) Sale as fresh fish for general consumption.

(d) Bait.

(2) It is also unlawful to take any salmon for commercial purposes
in any of the waters of the Pacific Ocean within the jurisdiction of this
state or over which this state has concurrent jurisdiction by means of
any fishing gear other than by “troll.” [Amended by 1955 c.178 §1; 1961
c.680 §1; 1965 c.570 §122] It is unlawful to use or
assist in using any Chinese sturgeon line, or lines of a similar
character, in the waters of this state. [Amended by 1965 c.570 §119] It is lawful to
operate or use a net consisting of a single nylon or cotton web of a mesh
not less than 14 inches, taut measure, hung or attached to not to exceed
two lead lines combined and used as a single line and a single cork line,
in any of the waters of this state, during any season or period closed to
commercial fishing by law or by rule of the State Fish and Wildlife
Commission, for the purpose of clearing away or removing snags or similar
obstructions from gillnet drifts and other suitable or desirable fishing
areas. [Amended by 1961 c.370 §1; 1965 c.570 §120] Any person
desiring to operate a snagging net as provided in ORS 509.240 shall,
before operating or attempting to so operate such net, obtain from the
State Fish and Wildlife Director a snagging permit by forwarding a
written request to the office of the State Fish and Wildlife Commission
specifically providing:

(1) The particular gillnet drift, fishing ground or other area to
be cleared;

(2) The waters in which located;

(3) The mesh size of the snagging net to be used; and

(4) The dates on which or within which the proposed snagging
operations will be carried on. In specifying any such dates, no one
notice is valid for a period of more than 30 days from the date thereof.
[Amended by 1965 c.570 §121]NET FISHING FOR SALMON IN PACIFIC OCEAN As used in ORS
509.355 to 509.385:

(1) “Citizen of this state” means a person who maintains the usual
place of abode of the person within this state or who otherwise qualifies
as a citizen of this state under the laws of this state.

(2) “International waters” means waters outside the territorial
boundaries of any state, territory or country. [1957 c.152 §1] (1) ORS
509.355 to 509.385 shall not be operative at any time unless laws or
rules or regulations of California, Washington and Canada are effective
which, in substance or effect, contain provisions:

(a) Similar to and which accomplish the purposes of ORS 509.355 to
509.385; or

(b) Which prohibit the possession or transportation within their
respective territorial waters of the Pacific Ocean of salmon taken by any
type of net within the international waters of the Pacific Ocean or
within their respective territorial waters of the Pacific Ocean and not
accompanied by a certificate issued under the authority of this state or
of another state, territory or country showing that such salmon were
lawfully taken.

(2) Such laws or rules or regulations of California, Washington and
Canada shall be considered effective upon receipt by the Secretary of
State of this state of certified written statements from the respective
secretaries of state of California and Washington and from the Department
of State of the United States on behalf of Canada setting forth such laws
or rules or regulations and the date on which they are effective. Such
certified written statements, together with a written statement of the
Attorney General of this state that the provisions of subsection (1) of
this section are satisfied by such laws or rules or regulations, are
conclusive proof that the provisions of subsection (1) of this section
are so satisfied. In any prosecution for violation of any provision of
ORS 509.365, 509.370 or 509.375, proof of the existence of such certified
written statements and written statement of the Attorney General of this
state need not be made unless demanded by the defendant prior to the
commencement of trial. [1957 c.152 §§9,10; 1965 c.570 §123]Note: 509.355 to 509.385 are operative and in full force and
effect. A written statement of the Attorney General of the State of
Oregon, dated October 16, 1957, states that the provisions of 509.360 are
satisfied.No person shall fish for or take, by
the use of any type of net, any salmon within the waters of the Pacific
Ocean, over which this state has jurisdiction, lying westerly of the
following described line: Commencing at the point of intersection of the
California-Oregon state boundary with the Pacific Ocean high water mark
shoreline; thence northerly along such high water mark shoreline,
including extensions thereof across the waters of the bays or tidal areas
of streams emptying into the Pacific Ocean, to the mouth of the Columbia
River; thence northerly across the waters of the Columbia River along the
line designating and defining the mouth of such river under ORS 511.130
(1961 Replacement Part) to the point of intersection of such line with
the Oregon-Washington state boundary. [1957 c.152 §2]No citizen of this state shall fish
for or take, by the use of any type of net, any salmon within the
international waters of the Pacific Ocean. [1957 c.152 §3]No person shall transport through the
waters of this state wherein net fishing for salmon is prohibited or have
in possession anywhere within this state any salmon which were taken by
any type of net within the international waters of the Pacific Ocean or
within the territorial waters of this state or of another state,
territory or country wherein such fishing is prohibited and which are not
accompanied by a certificate issued under the authority of this state or
of another state, territory or country showing that such salmon were
lawfully taken. [1957 c.152 §4]ORS 509.355 to 509.385 do not apply to:

(1) Those species of salmon in those areas within the international
waters of the Pacific Ocean which are regulated by the International
Pacific Salmon Fisheries Commission or by United States laws or rules or
regulations promulgated pursuant to such laws.

(2) The use of nets for fishing for or taking salmon for purposes
of scientific investigation authorized by the laws of this state. [1957
c.152 §6]CRABS AND OTHER SHELLFISH(Crabs)
(1) No person shall take a crab from any of the waters of the state for
commercial purposes, with or by the use of any other gear than that
specifically known as crab ring or crab pot, or sell or offer for sale
crabs unlawfully caught.

(2) The taking of Dungeness crab (Cancer magister) for commercial
purposes from any of the waters of this state, by the use of any gear
except that commonly known as crab ring or crab pot, is prohibited.

(3) Each crab ring or crab pot used for the taking of crabs for
commercial purposes must have attached to it a tag identifying the owner
or the vessel from which the rings or pots are operated. [Amended by 1997
c.252 §2](Shellfish) It is
unlawful for any person, municipal corporation, political subdivision or
governmental agency to deposit or allow to escape into, or cause or
permit to be deposited or escape into any public waters of this state,
any substance of any kind which will or shall in any manner injuriously
affect the life, growth or flavor of shellfish in or under such waters.
[Formerly 509.460]It is unlawful, without the permission of the legal
occupants, to take up shellfish from natural or artificially planted
beds, which beds have been lawfully and plainly marked. It is unlawful
willfully to disturb the shellfish in such beds, the surfaces of such
beds, or the markers. [Formerly 509.475](Krill) A person who
holds a license or permit issued under the commercial fishing laws may
not possess or land any species of euphausiids, commonly known as krill,
or take euphausiids from any waters of the Pacific Ocean over which this
state has jurisdiction, including the area outside the territorial
jurisdiction of this state but within the part of the exclusive economic
zone of the United States represented by a straight line extension of the
boundaries of the state drawn seaward a distance of 200 nautical miles.
[2003 c.809 §18]FISH PASSAGE; FISHWAYS; SCREENING DEVICES; HATCHERIES NEAR DAMS

(1) “Artificial obstruction” means any dam, diversion, culvert or
other human-made device placed in the waters of this state that precludes
or prevents the migration of native migratory fish.

(2) “Construction” means:

(a) Original construction;

(b) Major replacement;

(c) Structural modifications that increase storage or diversion
capacity; or

(d) For purposes of culverts, installation or replacement of a
roadbed or culvert.

(3) “Emergency” means unforeseen circumstances materially related
to or affected by an artificial obstruction that, because of adverse
impacts to a population of native migratory fish, requires immediate
action. The State Fish and Wildlife Director may further define the term
“emergency” by rule.

(4) “Fundamental change in permit status” means a change in
regulatory approval for the operation of an artificial obstruction where
the regulatory agency has discretion to impose additional conditions on
the applicant, including but not limited to licensing, relicensing,
reauthorization or the granting of new water rights, but not including
water right transfers or routine maintenance permits.

(5) “In-proximity” means within the same watershed or water basin
and having the highest likelihood of benefiting the native migratory fish
populations directly affected by an artificial obstruction.

(6) “Native migratory fish” means those native fish that migrate
for their life cycle needs and that are listed in the rules of the State
Fish and Wildlife Director.

(7) “Net benefit” means an increase in the overall, in-proximity
habitat quality or quantity that is biologically likely to lead to an
increased number of native migratory fish after a development action and
any subsequent mitigation measures have been completed.

(8) “Oregon Plan” means the guidance statement and framework
described in ORS 541.405. [2001 c.923 §1]Note: 509.580 to 509.595 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 509 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.(1) It is the policy of the State of Oregon to provide for
upstream and downstream passage for native migratory fish and the
Legislative Assembly finds that cooperation and collaboration between
public and private entities is necessary to accomplish the policy goal of
providing passage for native migratory fish and to achieve the
enhancement and restoration of Oregon’s native salmonid populations, as
envisioned by the Oregon Plan. Therefore, except as provided in ORS
chapter 509, fish passage is required in all waters of this state in
which native migratory fish are currently or have historically been
present.

(2) Except as otherwise provided by this section or ORS 509.645, a
person owning or operating an artificial obstruction may not construct or
maintain any artificial obstruction across any waters of this state that
are inhabited, or historically inhabited, by native migratory fish
without providing passage for native migratory fish.

(3) The State Department of Fish and Wildlife shall complete and
maintain a statewide inventory of artificial obstructions in order to
prioritize enforcement actions based on the needs of native migratory
fish. This prioritization shall include, but need not be limited to, the
degree of impact of the artificial obstruction on the native migratory
fish, the biological status of the native migratory fish stocks in
question and any other factor established by the department by rule. The
department shall establish a list of priority projects for enforcement
purposes. Priority artificial obstructions are subject to the State Fish
and Wildlife Commission’s authority as provided in ORS 509.625. Unless
requested by persons owning or operating an artificial obstruction, the
department shall primarily direct its enforcement authority toward
priority projects, emergencies and projects described in subsection (4)
of this section. The priority project list shall be subject to periodic
review and amendment by the department and to formal review and amendment
by the commission no less frequently than once every five years.

(4) A person owning or operating an artificial obstruction shall,
prior to construction, fundamental change in permit status or abandonment
of the artificial obstruction in any waters of this state, obtain a
determination from the department as to whether native migratory fish are
or historically have been present in the waters. If the department
determines that native migratory fish are or historically have been
present in the waters, the person owning or operating the artificial
obstruction shall either submit a proposal for fish passage to the
department or apply for a waiver pursuant to subsection (7) of this
section. Approval of the proposed fish passage facility or of the
alternatives to fish passage must be obtained from the department prior
to construction, permit modification or abandonment of the artificial
obstruction.

(5) Consistent with the purpose and goals of the Oregon Plan, the
department shall seek cooperative partnerships to remedy fish passage
problems and to ensure that problems are corrected as soon as possible.
The department and the person owning or operating the artificial
obstruction are encouraged to negotiate the terms and conditions of fish
passage or alternatives to fish passage, including appropriate cost
sharing. The negotiations may include, but are not limited to,
consideration of equitable factors.

(6) The department shall submit a proposed determination of the
required fish passage or alternatives to fish passage to the commission
for approval. The determination may be the result of the negotiations
described in subsection (5) of this section or, if no agreement was
reached in the negotiations, a determination proposed by the department.
If a protest is not filed within the time period specified in ORS
509.645, the proposed determination shall become a final order.

(7)(a) The commission shall waive the requirement for fish passage
if the commission determines that the alternatives to fish passage
proposed by the person owning or operating the artificial obstruction
provide a net benefit to native migratory fish.

(b) Net benefit to native migratory fish is determined under this
subsection by comparing the benefit to native migratory fish that would
occur if the artificial obstruction had fish passage to the benefit to
native migratory fish that would occur using the proposed alternatives to
fish passage. Alternatives to fish passage must result in a benefit to
fish greater than that provided by the artificial obstruction with fish
passage. The net benefit to fish shall be determined based upon
conditions that exist at the time of comparison.

(c) The State Fish and Wildlife Director shall develop rules
establishing general criteria for determining the adequacy of fish
passage and of alternatives to fish passage. The general criteria shall
include, but not be limited to:

(A) The geographic scope in which alternatives must be conducted;

(B) The type and quality of habitat;

(C) The species affected;

(D) The status of the native migratory fish stocks;

(E) Standards for monitoring, evaluating and adaptive management;

(F) The feasibility of fish passage and alternatives to fish
passage;

(G) Quantified baseline conditions;

(H) Historic conditions;

(I) Existing native migratory fish management plans;

(J) Financial or other incentives and the application of incentives;

(K) Data collection and evaluation; and

(L) Consistency with the purpose and goals of the Oregon Plan.

(d) To the extent feasible, the department shall coordinate its
requirements for adequate fish passage or alternatives to fish passage
with any federal requirements.

(8) A person owning or operating an artificial obstruction may at
any time petition the commission to waive the requirement for fish
passage in exchange for agreed-upon alternatives to fish passage that
provide a net benefit to native migratory fish as determined in
subsection (7) of this section.

(9)(a) Artificial obstructions without fish passage are exempt from
the requirement to provide fish passage if the commission:

(A) Finds that a lack of fish passage has been effectively
mitigated;

(B) Has granted a legal waiver for the artificial obstruction; or

(C) Finds there is no appreciable benefit to providing fish passage.

(b) The commission shall review, at least once every seven years,
the artificial obstructions exempted under this subsection that do not
have an exemption expiration date to determine whether the exemption
should be renewed. The commission may revoke or amend an exemption if it
finds that circumstances have changed such that the relevant requirements
for the exemption no longer apply. The person owning or operating the
artificial obstruction may protest the decision by the commission
pursuant to ORS 509.645.

(10) If the fundamental change in permit status is an expiration of
a license of a federally licensed hydroelectric project, the commission’s
determination shall be submitted to the Federal Energy Regulatory
Commission as required by ORS 543A.060 to 543A.410.

(11) To the extent that the requirements of this section are
preempted by the Federal Power Act or by the laws governing hydroelectric
projects located in waters governed jointly by Oregon and another state,
federally licensed hydroelectric projects are exempt from the
requirements of this section.

(12) A person subject to a decision of the commission under this
section shall have the right to a contested case hearing according to the
applicable provisions of ORS chapter 183. [2001 c.923 §2]Note: See note under 509.580. (1) The
State Fish and Wildlife Director shall establish a Fish Passage Task
Force to advise the director and the State Department of Fish and
Wildlife on matters related to fish passage in Oregon, including but not
limited to funding, cost sharing and prioritization of efforts. The
director shall determine the members and the specific duties of the task
force by rule.

(2) The department shall provide staff necessary for the
performance of the functions of the task force.

(3) A member of the task force may not receive compensation for
services as a member of the task force. In accordance with ORS 292.495, a
member of the task force may receive reimbursement for actual and
necessary travel or other expenses incurred in the performance of
official duties.

(4) The task force shall report semiannually to the joint
legislative committee created under ORS 171.551, or to the appropriate
interim legislative committee with responsibility for salmon restoration
or species recovery, to advise the committee on matters related to fish
passage. [2001 c.923 §3]Note: See note under 509.580.The State Fish and Wildlife Director shall report to the
Governor, the Speaker of the House of Representatives, the President of
the Senate and the joint interim committee established pursuant to ORS
171.551 or the appropriate interim legislative committee with
responsibility for salmon restoration or species recovery:

(1) Prior to the adoption of rules relating to fish passage;

(2) Prior to the establishment of the general criteria for
determining the adequacy of fish passage and of alternatives to fish
passage required to be established under ORS 509.585 (7)(c); and

(3) Semiannually on the progress that the director has made in
implementing ORS 509.580 to 509.590. [2001 c.923 §20]Note: See note under 509.580.(1) A person may not willfully or knowingly destroy, injure
or take fish within 600 feet of any fishway, except as permitted by
subsection (2) of this section. Actions that violate this section
include, but are not limited to:

(a) Hindering, annoying or disturbing fish entering, passing
through, resting in or leaving such fishway, or obstructing the passage
of fish through the fishway at any time or in any manner.

(b) Placing anything in the fishway.

(c) Using any fishing gear within 600 feet of the fishway.

(d) Taking fish at any time anywhere within 600 feet of the fishway.

(e) Doing any injury to the fishway.

(2) The State Fish and Wildlife Commission may by rule or by
issuance of permits authorize the taking of fish within 600 feet of any
fishway. [1965 c.570 §104; 1973 c.723 §122; 1981 c.646 §6; 2001 c.923 §8] (1) Subject to ORS
509.645, when the State Department of Fish and Wildlife requires fish
passage to be provided pursuant to ORS 509.585, the person owning or
operating an artificial obstruction shall keep the fish passage in such
repair as to provide adequate fish passage of native migratory fish at
all times.

(2) Each day of neglect or refusal to comply with subsection (1) of
this section, after notification in writing by the department,
constitutes a separate offense.

(3) A person owning or operating an artificial obstruction is
responsible for maintaining, monitoring and evaluating the effectiveness
of fish passage or alternatives to fish passage. [Amended by 1955 c.707
§52; 1965 c.570 §132; 2001 c.923 §9](1) Any person who
diverts water, at a rate of 30 cubic feet per second or more, from any
body of water in this state in which fish exist shall install, operate
and maintain, at the expense of the person, such fish screening or
by-pass devices that the State Department of Fish and Wildlife determines
are necessary to prevent fish from leaving the body of water and entering
the diversion.

(2) Upon failure of any person to install, operate and maintain
fish screening or by-pass devices as required under subsection (1) of
this section, the department may install, operate and maintain, at the
expense of the responsible person, fish screening or by-pass devices
necessary to prevent the fish from leaving the body of water and entering
the diversion.

(3) The department or its agent shall have the right of ingress and
egress to and from those places where the department determines that fish
screening or by-pass devices are required, doing no unnecessary injury to
the property of the landowner, for the purpose of installing, inspecting,
maintaining and replacing such fish screening or by-pass devices, and, if
installed by a person under subsection (1) of this section, to determine
whether such fish screening and by-pass devices meet department
requirements. The department may order a person responsible under
subsection (1) of this section to repair or replace fish screening or
by-pass devices found to be noncomplying, at the expense of the
responsible person.

(4) If the department considers the installation, operation,
maintenance, repair or replacement of fish screening or by-pass devices
under subsections (1) to (3) of this section necessary, the department
shall provide formal notice or through record of personal contact
notifying the person who diverts water of the action the person is
required to take. The person may request a hearing before the State Fish
and Wildlife Commission according to provisions of ORS chapter 183.

(5) No person shall interfere with, tamper with, damage, destroy or
remove in a manner not associated with regular and necessary maintenance
procedures any fish screening or by-pass devices in a manner not
associated with regular and necessary maintenance procedures.

(6) The department may maintain an action to recover any costs the
department incurs in installing, maintaining or replacing fish screening
or by-pass devices on behalf of a person responsible under subsection (1)
of this section. Such action shall be brought in the circuit court for
the county in which the fish screening or by-pass devices are located.

(7) As used in this section:

(a) “By-pass device” means any pipe, flume, open channel or other
means of conveyance that transports fish back to the body of water from
which the fish were diverted.

(b) “Department” means the State Department of Fish and Wildlife.

(c) “Person” means any person, partnership, corporation,
association, municipal corporation, political subdivision or governmental
agency.

(d) “Screening” means a screen, grating or other barrier and
related improvements or measures necessary to insure efficient operation
of the screening device to prevent the passage of fish from a body of
water into a diversion. [Amended by 1957 c.135 §1; 1963 c.111 §1; 1965
c.570 §135; 1987 c.488 §2; 1993 c.478 §9; 1995 c.426 §6]If, in the judgment of the State Department
of Fish and Wildlife, fish passage is not functioning as intended or is
inadequate, as constructed under ORS 509.585, the State Fish and Wildlife
Commission may condemn the fish passage and order new fish passage
installed in accordance with plans and specifications determined by the
department. [Amended by 2001 c.923 §10](1) The State
Department of Fish and Wildlife may determine or ascertain by inspection
of any artificial obstruction whether it would be advisable to construct
fish passage, or order the construction pursuant to ORS 509.585 of fish
passage, at the artificial obstruction. Without affecting other remedies
to enforce the requirement to install fish passage, if the State Fish and
Wildlife Commission determines that an emergency exists, the commission
may order the construction, pursuant to ORS 509.585, of fish passage in
the waters of this state inhabited by native migratory fish as deemed
adequate to provide passage for native migratory fish.

(2) Where fish passage has previously been constructed with or
without the approval of the commission and has proved useless or
inadequate for the purposes for which it is intended, the commission may
improve or rebuild such fish passage. However, such construction or
reconstruction shall not interfere with the prime purpose of the
artificial obstruction. This subsection may not be construed to require
the improvement or rebuilding of fish passage by the commission.

(3)(a) The commission may order a person owning or operating an
artificial obstruction on the priority list created pursuant to ORS
509.585 who has been issued a water right, owners of lawfully installed
culverts or owners of other lawfully installed obstructions to install
fish passage or to provide alternatives to fish passage if the commission
can arrange for nonowner or nonoperator funding of at least 60 percent of
the cost.

(b) Notwithstanding paragraph (a) of this subsection, the
commission may order installation of fish passage or alternatives to fish
passage without regard to funding sources:

(A) If the person owning or operating the artificial obstruction is
already subject to an obligation to install fish passage or to provide
alternatives to fish passage under ORS 509.585;

(B) If the commission declares an emergency under this section; or

(C) If the person owning or operating the artificial obstruction
has not been issued a water right or if the artificial obstruction has
been otherwise unlawfully installed.

(4) If a person who owns or operates an artificial obstruction and
who is required to provide fish passage under ORS 509.585 fails to
provide fish passage in the manner and time required by the State
Department of Fish and Wildlife, the commission may remove, replace or
repair the artificial obstruction or any parts of the obstruction at the
expense of the owner or operator. [Amended by 1955 c.707 §53; 1963 c.232
§1; 1965 c.570 §133; 2001 c.923 §11]The State Department of Fish and Wildlife may
determine or ascertain by inspection of any natural obstruction whether
it would be advisable to construct fish passage over or around such
natural obstruction. If it is deemed advisable the State Fish and
Wildlife Commission may construct fish passage that provides adequate
passage for native migratory fish in the waters of this state inhabited
by native migratory fish. [Amended by 1965 c.570 §134; 2001 c.923 §12](1) The fishways over the falls in the Willamette River,
near Oregon City, are under the care and control of the State Fish and
Wildlife Commission, which may make any extensions, additions,
alterations or repairs to the same that become necessary.

(2) The commission, or its duly authorized representatives, may
remove any artificial obstructions placed in the Willamette River above
the falls which would prevent the free passage of fish up the river.
[Amended by 1965 c.570 §136](1) A person owning or
operating an artificial obstruction may request alternative dispute
resolution at any point in the process of determining fish passage
requirements.

(2) A person owning or operating an artificial obstruction may file
a protest with the State Fish and Wildlife Commission within 30 days from
the receipt of the State Department of Fish and Wildlife determinations
under ORS 509.585. The person shall identify the grounds for protesting
the department’s determinations.

(3) The commission may, after sufficient opportunity for public
review and comment, approve, deny or modify the proposed determinations.
[1955 c.707 §51; 1973 c.723 §124; 2001 c.923 §13]ENFORCEMENT(1) The State Fish and Wildlife Commission may
maintain an action for an injunction to enjoin and restrain any person,
municipal corporation, political subdivision or governmental agency of
this state from violating any of the provisions of ORS 509.130, 509.140,
509.505, 509.585, 509.610, 509.615 and 509.625.

(2) Any action authorized by this section shall be tried in the
circuit court of the county in which the violation occurs or in Marion or
Multnomah County.

(3) If the defendant is a corporation with its principal office and
place of business in a county other than in which the waters flow or are
situated, such action shall be deemed an action of local nature and
service of summons made on a corporation in any county where the
corporation has its principal office and place of business. If it is a
foreign corporation, service may be made on the statutory agent but if
there is no such statutory agent then upon the Secretary of State as in
other cases provided by law. [1963 c.303 §1; 1977 c.242 §8; 1979 c.284
§16; 2001 c.923 §14]CHAPTER 510