CCLME.ORG - Fishing Licenses and Permits

State
Oregon
ORS 508.006 et seq Licenses and Permits

Chapter 508 — Licenses and Permits

2003 EDITION

LICENSES AND PERMITS

COMMERCIAL FISHING AND FISHERIES

GENERAL PROVISIONS

508.006 Definitions

508.011 Activities relating to oysters exempted

WHEN LICENSE REQUIRED

508.025 License required to take, process or deal in fish

508.030 License required for fishing gear

508.035 Separate licenses required for certain fishing gear and activities

508.040 Unlawful to knowingly buy or receive fish from unlicensed person

508.045 Exemption of retail fish dealers

PERMITS AND SPECIAL LICENSES

508.106 Permit to take carp or other nongame fish; fee

508.111 Permit to take food fish for educational and scientific purposes

508.116 Permit to take animals living intertidally on bottom

508.121 Juvenile jig line license

LICENSES AND REGULATION OF LICENSEES

508.235 Commercial fishing license

508.240 Acts by commercial fishing licensee prohibited

508.260 Boat license; plates; decals; rules

508.265 Boat licensing constitutes registration for purposes of federal laws

508.270 Fishing, boat license fees in lieu of other taxes and licenses on crab pots; reports to county assessor

508.285 License fees

Note Surcharge through 2009--1989 c.512 §6

508.300 Albacore tuna landing license in lieu of other licenses

508.306 Fish bait dealer license; authority of commission to designate fish or shellfish bait

508.312 Commercial bait fishing license; license in lieu of commercial fishing and boat licenses

508.316 Disqualification from receiving more than one single delivery license

508.326 Commercial Fisheries Fund; uses

ISSUANCE, APPLICATION, CONTENTS, WHERE VALID, TRANSFERRING, TERM, LOCATION ABANDONMENT

508.406 Director or agent to issue and renew licenses

508.410 Contents of license applications

508.415 Security for fees

508.445 Certificate evidence as to license issuance

508.450 Contents of license

508.460 Oregon-Washington reciprocity on gillnet licenses

508.465 Licenses nontransferable

508.470 When licenses expire; renewal

508.475 Failure to renew license for fixed fishing gear constitutes abandonment; exception for Armed Forces

508.480 Failure to construct or install fishing gear held to be abandonment

508.485 Revocation and refusal to renew license for violation of commercial fishing laws or rules or theft of crab fishing gear

508.490 Refusal to issue license within two years after license revocation

508.495 Certificate in lieu of lost or destroyed license; fee

508.500 Alteration, false application and multiple possession of licenses prohibited

CATCH FEES

508.505 Additional fees based on value of fish at time of landing; exceptions

Note Additional fee through 2009--1989 c.512 §8

508.510 Place where fish caught is immaterial; exceptions; special fee

508.515 Time of paying fees; report; interest on overdue fees; waiver or extension of payment

508.520 Determination of disputes

508.525 Lien for unpaid fee; foreclosure; jurisdiction of courts

508.530 Rules; reports; violation or falsification

508.535 Keeping record of food fish received and bought; inspection

508.540 Failure to keep or submit records or to pay fee

508.550 Sale of fish from license holder’s boat; permit; fee; reports; payment of fees

SALMON HATCHERY PERMITS

508.700 Permits for salmon hatcheries; fees

508.705 Hearing for permits

508.710 Grounds for denial of permit

508.715 Conditions of permits

508.718 Program for protecting natural runs and genetic diversity of anadromous fish stocks; rules; findings

508.720 Altering terms of permits; findings; hearing; restoration of fish population

508.725 Released fish as state property; consideration by commission of adverse economic impact on hatcheries

508.730 Disposal of salmon products

508.735 Application of chapter to taking and sale of salmon

508.737 Policy for marketing of salmon products

508.740 Authority under ORS 508.700 to 508.745

508.745 Disposition of moneys received under ORS 508.700 to 508.745

COMMERCIAL FISHERY PERMIT BOARD

508.755 Membership; duties; meetings; expenses

RESTRICTED PARTICIPATION SYSTEMS

508.760 Sea urchin limited participation; terms; conditions; fees; rules

508.762 Review of denial of sea urchin permit renewal or transfer; fee; rules

508.765 Roe-herring limited participation; terms; conditions; fees; rules

RESTRICTED VESSEL PERMIT SYSTEMS

(Columbia River Gillnet Fishery)

508.775 Vessel permit required to engage in fishery; purchase of fish by dealer from individual without permit prohibited

508.778 Limitation on issuance of permits

508.781 Renewal of permit

508.784 Considerations in determining eligibility for permit

508.787 Permit revocation procedure

508.790 Fee; application form

508.792 Lottery system for permit issuance

508.793 Permit transfer restrictions

508.796 Review of permit denial; fee; rules; limitation on transfer of certain permits

(Ocean Troll Salmon Fishery)

508.801 Vessel permit required to engage in fishery; purchase of fish by dealer from individual without permit prohibited

508.804 Restriction on issuance of permits

508.807 Renewal of permit; replacement vessel

508.808 Special renewal and fee provisions

508.810 Considerations in determining eligibility for permit

508.813 Permit revocation procedure

508.816 Fee; application form; rules

508.819 Lottery system for permit issuance

508.822 Permit transfer restrictions; rules

508.825 Review of permit denial; rules; fee

508.828 Single delivery license in lieu of vessel permit

(Ocean Scallop Fishery)

508.840 Vessel permit required to engage in fishery; purchase of scallops by dealer from individual without permit prohibited

508.843 Use of single delivery license in lieu of permit; reciprocity of law

508.846 Issuance of permits restricted

508.849 Renewal of permit

508.852 Considerations in determining eligibility for permit

508.855 Permit revocation procedure

508.858 Fee

508.861 Lottery system for permit issuance; rules

508.864 Permit transfer restrictions

508.867 Review of permit denial; fee; rules

(Ocean Pink Shrimp Fishery)

508.880 Vessel permit required to engage in fishery; purchase of shrimp by dealers from individual without permit prohibited

508.883 Use of single delivery license in lieu of vessel permit; reciprocity of law

508.886 Limitation on number of permits; eligibility

508.889 Issuance of permits limited

508.892 Renewal of permit

508.895 Considerations in determining eligibility for permit

508.898 Permit revocation procedure

508.901 Fee; application form; rules

508.904 Lottery system for permit issuance

508.907 Permit transfer restrictions

508.908 Limits on authority of Commercial Fishery Permit Board to prohibit transfer of valid pink shrimp vessel permits

508.910 Review of permit denial; fee; rules; limitation on transfer of certain permits

508.913 Issuance of permits for vessels engaged in groundfish fishery; permit transfer restriction

508.915 Negotiations to establish reciprocal agreements pertaining to pink shrimp

(Ocean Dungeness Crab Fishery)

508.921 Findings; rules

508.926 Vessel permit required to engage in fishery; purchase of crab by dealer from individual without permit prohibited

508.931 Eligibility for permit

508.936 Permit transfer restrictions

508.941 Review of eligibility determinations; reciprocity with other states; fee

(Black and Blue Rockfish and Nearshore Fishery)

508.945 Vessel permit required; rules; purchase of black or blue rockfish or nearshore fish from individual without permit prohibited; exemptions

508.947 Eligibility for permit; renewal

508.949 Fees; application form; rules

508.951 Black Rockfish, Blue Rockfish and Nearshore Species Research Account; sources; uses

508.953 Log book required; collection and report of data

508.955 Lottery system for permit issuance; rules

508.957 Permit transfer restrictions

508.960 Review of permit denial; fee; rules

GROUNDFISH PERMIT BUYBACK PROGRAM

(Temporary provisions relating to groundfish permit buyback program are compiled as notes following ORS 508.960)

508.005 [Repealed by 1965 c.570 §152]

GENERAL PROVISIONS

508.006 Definitions. The definitions prescribed by ORS 506.001 to 506.025 apply to this chapter. [1965 c.570 §58]

508.010 [Repealed by 1965 c.570 §152]

508.011 Activities relating to oysters exempted. This chapter does not apply to oysters or to any activity of any person relating to oysters. [1965 c.570 §59b]

508.015 [Amended by 1963 c.246 §3; repealed by 1965 c.570 §152]

508.020 [Amended by 1953 c.656 §6; 1961 c.374 §1; repealed by 1963 c.246 §4 (508.021 enacted in lieu of 508.020)]

508.021 [1963 c.246 §5 (enacted in lieu of 508.020); repealed by 1965 c.570 §152]

WHEN LICENSE REQUIRED

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]

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]

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]

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]

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]

508.105 [Amended by 1955 c.176 §1; 1963 c.246 §6; repealed by 1965 c.570 §152]

PERMITS AND SPECIAL LICENSES

508.106 Permit to take carp or other nongame fish; fee. (1) Upon receiving a written application therefor, accompanied by a fee of $3, 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]

508.110 [Amended by 1963 c.246 §7; repealed by 1965 c.570 §152]

508.111 Permit to take food fish for educational and scientific purposes. The State Fish and Wildlife Director may issue to any person a permit to take food fish solely for educational and scientific purposes. [1965 c.570 §64a]

508.115 [Repealed by 1961 c.156 §1]

508.116 Permit to take animals living intertidally on bottom. (1) The State Fish and Wildlife Director may issue to any person a permit to take animals living intertidally on the bottom.

(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]

508.120 [Amended by 1963 c.246 §8; repealed by 1965 c.570 §152]

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]

508.125 [Amended by 1963 c.246 §9; repealed by 1965 c.570 §152]

508.130 [Amended by 1959 c.128 §1; repealed by 1963 c.246 §12]

508.135 [Amended by 1963 c.246 §10; repealed by 1965 c.570 §152]

508.140 [Repealed by 1963 c.246 §12]

508.145 [Repealed by 1963 c.246 §12]

508.147 [1955 c.238 §2; repealed by 1963 c.246 §12]

508.150 [Repealed by 1963 c.246 §12]

508.152 [1955 c.238 §3; repealed by 1963 c.246 §12]

508.155 [Amended by 1953 c.656 §6; repealed by 1963 c.246 §12]

508.160 [Amended by 1955 c.167 §1; repealed by 1963 c.246 §12]

508.165 [Repealed by 1963 c.246 §12]

508.170 [Repealed by 1963 c.246 §12]

508.175 [Repealed by 1963 c.224 §7]

508.180 [Amended by 1953 c.656 §6; 1959 c.401 §1; 1961 c.374 §2; 1963 c.224 §1; repealed by 1965 c.570 §152]

508.185 [Repealed by 1963 c.224 §7]

508.190 [Amended by 1963 c.224 §2; repealed by 1965 c.570 §152]

508.195 [Amended by 1953 c.656 §6; repealed by 1961 c.374 §4]

508.200 [Amended by 1963 c.224 §3; repealed by 1965 c.570 §152]

508.205 [Repealed by 1963 c.224 §7]

508.210 [Repealed by 1963 c.224 §7]

508.215 [Amended by 1963 c.224 §4; repealed by 1965 c.570 §152]

508.220 [Amended by 1955 c.177 §1; repealed by 1963 c.224 §7]

508.223 [1963 c.246 §2; repealed by 1965 c.570 §152]

508.225 [Amended by 1955 c.279 §1; 1957 c.134 §1; repealed by 1965 c.570 §152]

508.230 [Amended by 1963 c.224 §5; 1965 c.570 §83; renumbered 508.290]

LICENSES AND REGULATION OF LICENSEES

508.235 Commercial fishing license. (1) A commercial fishing license must be obtained by each individual who, for commercial purposes:

(a) Takes or assists in the taking of any food fish from the waters or land of this state;

(b) Operates or assists in the operation of any boat or fishing gear for the taking of food fish in the waters of this state; or

(c) Lands food fish from the waters of the Pacific Ocean at any point in this state.

(2) A commercial fishing license must be in the possession of the licensee, when engaged in the taking or landing of commercial fish, and is required in addition to any other license under this chapter.

(3) Notwithstanding any other provision of this section or ORS 508.035, upon application of the holder of a boat license, the State Fish and Wildlife Commission shall issue to the applicant in the name of the boat, one commercial fishing license for each individual who assists the holder of the boat license in the taking of fish for commercial purposes. Notwithstanding ORS 508.465, licenses issued pursuant to this subsection are transferable to all individuals who assist in the taking of fish for commercial purposes on the boat for which the licenses are issued. Notwithstanding ORS 508.285, the fee for the license issued pursuant to this subsection is $85 for each individual. [1965 c.570 §77; 1993 c.501 §1]

508.240 Acts by commercial fishing licensee prohibited. It is unlawful for any person licensed to take food fish for commercial purposes, as required under ORS 508.035, to:

(1) Keep any food fish the person takes under such license for personal use; or

(2) Sell any food fish the person takes under such license to other than a wholesaler, canner, fish bait dealer or buyer licensed as required under ORS 508.035. [1965 c.570 §77a; 1971 c.540 §6]

508.245 [1965 c.570 §78; repealed by 1973 c.768 §20]

508.246 [1977 c.245 §2; repealed by 1979 c.679 §13]

508.250 [1965 c.570 §79; repealed by 1973 c.768 §20]

508.255 [1965 c.570 §80; repealed by 1973 c.768 §20]

508.257 [1969 c.172 §7; repealed by 1973 c.768 §20]

508.260 Boat license; plates; decals; rules. (1) A boat license must be obtained by the owner or operator of any boat used in taking food fish or shellfish for commercial purposes except for the taking of clams or crayfish.

(2) A pair of decals bearing the last two numbers of the year for which the license is issued shall be included with the license for placement on the licensed boat.

(3) In accordance with rules promulgated by it, the State Fish and Wildlife Commission shall assign a number to each licensed boat and shall designate the size, location and manner of placement of the number and license year decal on the boat. [1965 c.570 §81; 1973 c.768 §13; 1975 c.756 §1]

508.265 Boat licensing constitutes registration for purposes of federal laws. The licensing of any boat pursuant to this chapter to take food fish for commercial purposes from the waters of this state or land food fish from the waters of the Pacific Ocean at any point in this state shall constitute registration of such vessel under the laws of this state for the purposes of section 306(a) of the Fishery Conservation and Management Act of 1976 (Act of April 13, 1976, 90 Stat. 331). [1977 c.202 §2]

508.270 Fishing, boat license fees in lieu of other taxes and licenses on crab pots; reports to county assessor. (1) Either the commercial fishing license required by ORS 508.235 or the boat license required by ORS 508.260 is in lieu of all taxes and licenses on crab pots used by a person so licensed or used in connection with a boat so licensed.

(2) Crab pots shall be reported to the county assessor by each owner and listed for ad valorem taxation, but if the owner of such crab pots furnishes documentary proof to the assessor, not later than August 1 of each year, that the owner possesses a current commercial fishing license under ORS 508.235 or that the boat of the owner is currently licensed under ORS 508.260, the assessor shall cancel any assessment made by the assessor of crab pots used by such person or used in connection with such person’s licensed boat. [1969 c.649 §2; 1993 c.270 §69]

508.285 License fees. (1) The fee for each license required by this chapter is as follows:

(a) Albacore tuna landing license, $20.

(b) Resident boat license, $200.

(c) Nonresident boat license, $400.

(d) Resident commercial fishing license, $50.

(e) Nonresident commercial fishing license, $100.

(f) Commercial fishing license for resident persons 18 years of age or younger, $25.

(g) Commercial bait fishing license, $60.

(h) Fish buyer license, $150.

(i) Fish bait dealer license, $60.

(j) Food fish canner license, $350.

(k) Shellfish canner license, $350.

(L) Single delivery license, $100.

(m) Wholesale fish dealer license, $350.

(2) As used in this section, “resident” means an actual bona fide resident of this state for at least one year prior to application for a license. [1965 c.570 §82; 1969 c.172 §3; 1971 c.540 §7; 1973 c.768 §14; 1975 c.756 §2; 1977 c.245 §3; 1979 c.679 §11; 1991 c.701 §1; 1999 c.59 §163]

Note: Section 6, chapter 512, Oregon Laws 1989, provides:

Sec. 6. Surcharge through 2009. In addition to the fees otherwise prescribed by law, the issuer of each of the following permits shall charge and collect each time the permit is issued, during the period beginning January 1, 1998, and ending December 31, 2009, the following surcharges:

(1) Ocean Troll Salmon Fishery permit issued under ORS 508.816, $65.

(2) Columbia River Gillnet Fishery permit issued under ORS 508.790, $74. [1989 c.512 §6; 1991 c.184 §2; 1997 c.8 §10; 2003 c.643 §2]

508.290 [Formerly 508.230; 1967 c.322 §2; repealed by 1975 c.130 §2 and 1975 c.253 §40]

508.300 Albacore tuna landing license in lieu of other licenses. Notwithstanding any other provision of this chapter, the only license required for landing albacore tuna from the waters of the Pacific Ocean at any point in this state is an albacore tuna landing license. [1973 c.768 §17]

508.305 [Amended by 1957 s.s. c.9 §1; 1963 c.197 §1; 1965 c.310 §1; renumbered 508.505]

508.306 Fish bait dealer license; authority of commission to designate fish or shellfish bait. (1) Any person may obtain a fish bait dealer license to purchase food fish directly from a commercial fisherman licensed under ORS 508.235 or commercial bait fisherman licensed under ORS 508.312, for retail sale as fish or shellfish bait.

(2) The State Fish and Wildlife Commission by regulation may designate those species of food fish or parts thereof which may not be used for fish or shellfish bait. [1971 c.540 §2]

508.310 [Amended by 1965 c.570 §86; renumbered 508.515]

508.312 Commercial bait fishing license; license in lieu of commercial fishing and boat licenses. (1) Any individual may obtain a commercial bait fishing license to take food fish for sale to a fish bait dealer licensed under ORS 508.306.

(2) The license for the purpose authorized in this section is in lieu of the commercial fishing and boat licenses required under ORS 508.235 and 508.260. [1971 c.540 §3]

508.315 [Repealed by 1965 c.570 §152]

508.316 Disqualification from receiving more than one single delivery license. Except as provided in ORS 508.843 and 508.883, the State Fish and Wildlife Director shall not issue a boat more than one single delivery license under ORS 508.285 during a 12-month period as established by rule of the director. For purposes of this section, the disqualification from receiving additional single delivery licenses shall apply to a boat without regard to ownership or changes in ownership. [1999 c.164 §2]

508.320 [Amended by 1963 c.197 §2; 1965 c.310 §2; renumbered 508.510]

508.325 [Renumbered 508.520]

508.326 Commercial Fisheries Fund; uses. (1) The Commercial Fisheries Fund is created in the State Treasury, separate and distinct from the General Fund. Except as provided in ORS 506.690, all moneys in the Commercial Fisheries Fund are appropriated continuously to the State Fish and Wildlife Commission for the administration and enforcement of the commercial fishing laws and for the management, propagation, research, habitat improvement and other activities that protect, maintain or enhance the food fish resource of this state. Interest earned on moneys in the fund shall be credited to the fund.

(2) Except as provided in ORS 508.949, all moneys collected pursuant to ORS 508.505 to 508.550 for fish species taken pursuant to developmental fishery activities referred to in ORS 506.460 shall be credited to a separate account in the Commercial Fisheries Fund. Notwithstanding subsection (1) of this section or ORS 506.306, 25 percent of such moneys shall be expended for general fish management purposes and 75 percent of such moneys shall be expended to pay the expenses of developmental fishery activities pursuant to ORS 506.460. [1991 c.701 §21; 1993 c.765 §119; 1999 c.1013 §2; 2003 c.809 §14]

508.330 [Renumbered 508.525]

508.335 [Amended by 1965 c.570 §87; renumbered 508.530]

508.340 [Amended by 1961 c.373 §1; 1963 c.197 §3; 1965 c.570 §88; renumbered 508.535]

508.345 [Amended by 1961 c.373 §2; 1965 c.570 §89; renumbered 508.540]

508.350 [Renumbered 508.545]

508.355 [Repealed by 1963 c.197 §4]

508.360 [Repealed by 1963 c.197 §4]

ISSUANCE, APPLICATION, CONTENTS, WHERE VALID, TRANSFERRING, TERM, LOCATION ABANDONMENT

508.405 [Amended by 1963 c.196 §1; repealed by 1965 c.570 §65 (508.406 enacted in lieu of 508.405)]

508.406 Director or agent to issue and renew licenses. The State Fish and Wildlife Director or the authorized agent of the director shall issue or renew any license required by the commercial fishing laws to a qualified person upon proper application and payment of the license fee required by ORS 508.285. [1965 c.570 §66 (enacted in lieu of 508.405)]

508.407 [Repealed by 1965 c.570 §152]

508.410 Contents of license applications. All applications for licenses under ORS 508.406 shall be made on blanks furnished by the State Fish and Wildlife Director and shall contain such information as the State Fish and Wildlife Commission determines to be necessary for proper administration and enforcement of the commercial fishing laws. [Amended by 1957 c.208 §1; 1963 c.196 §2; 1965 c.570 §67]

508.413 [1963 c.246 §1; repealed by 1965 c.67 §4]

508.415 Security for fees. (1) In case of license applications by canners or wholesalers, the State Fish and Wildlife Director, in addition to license fees provided by law, may exact from the applicant a bond from a corporate surety, authorized to do business in this state, guaranteeing the payment of fees, if the director considers such action is necessary to insure compliance with ORS 508.505 to 508.540.

(2) In lieu of any bond that may be required under subsection (1) of this section, any applicant may deposit with the State Fish and Wildlife Commission, under such terms and conditions as the director may prescribe, a like amount of lawful money of the United States or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The commission shall turn over to the State Treasurer for safekeeping all such deposits so received. [Amended by 1963 c.196 §3; 1965 c.570 §68; 1969 c.52 §1; 1991 c.331 §73; 1991 c.701 §17; 1997 c.631 §484]

508.420 [Amended by 1955 c.168 §1; 1963 c.196 §4; repealed by 1965 c.570 §152]

508.425 [Amended by 1961 c.168 §1; repealed by 1965 c.570 §152]

508.430 [Amended by 1963 c.196 §5; repealed by 1965 c.570 §152]

508.435 [Amended by 1961 c.181 §1; repealed by 1965 c.570 §152]

508.440 [Repealed by 1961 c.233 §1]

508.445 Certificate evidence as to license issuance. In all prosecutions requiring proof as to the issuance or nonissuance of a license by the State Fish and Wildlife Director under any of the laws of this state, the certificate of the director as to the issuance or nonissuance of the license by the director shall be sufficient proof on that question to establish the fact. This certificate shall be admitted in evidence as to the issuance or nonissuance of the license in any such prosecution.

508.450 Contents of license. Each license issued under ORS 508.406 shall be numbered and dated by the State Fish and Wildlife Director or an authorized agent and contain the site or address where the appliance or business is located and the name of the person to whom the license is granted. [Amended by 1957 c.132 §1; 1963 c.196 §6]

508.455 [Amended by 1955 c.122 §1; repealed by 1965 c.570 §152]

508.460 Oregon-Washington reciprocity on gillnet licenses. All gillnet licenses issued by the States of Oregon and Washington are valid as to the waters of the Columbia River in Oregon and Washington, as though issued by the department of fisheries of either state. The department of fisheries of each state or the officials who have charge of issuing licenses shall furnish to each other the names of licensees and the number of the licenses, without cost or expense to either state.

508.465 Licenses nontransferable. Licenses may not be transferred from one licensee to another.

508.470 When licenses expire; renewal. All licenses for which fees are provided for under ORS 508.285 unless otherwise specified in law expire as of midnight, December 31, following the dates of their issuance, and shall be renewed annually thereafter upon application and payment of fees required therefor. [Amended by 1959 c.123 §1; 1961 c.374 §3; 1963 c.196 §7; 1965 c.570 §71; 1977 c.245 §4; 1979 c.679 §12]

508.475 Failure to renew license for fixed fishing gear constitutes abandonment; exception for Armed Forces. The failure to renew the license, or make application therefor, for any location for a fixed fishing gear in any of the waters of this state, on January 1 of any year, constitutes abandonment of the location. However, any licensee entering the Armed Forces of the United States during any period which would qualify the licensee under the laws of this state as a war veteran is not deemed to have abandoned such location or gear so licensed, either by reason of absence from the location during such service or by failure to renew the license as required. Such licensee may file application for renewal of the license at any time following the date of release from the Armed Forces of the United States, until January 1 of the following year, and shall have preference over other persons therefor. [Amended by 1965 c.570 §72]

508.480 Failure to construct or install fishing gear held to be abandonment. Should the holder of any license neglect to construct or install at the site the fishing gear called for by the license during two consecutive years covered by the license, the location shall be deemed abandoned. [Amended by 1965 c.570 §73]

508.485 Revocation and refusal to renew license for violation of commercial fishing laws or rules or theft of crab fishing gear. Except for vessel licenses prescribed in ORS 508.285, 508.470, 508.755, 508.775 to 508.796, 508.801 to 508.825, 508.880, 508.883 and 508.889 to 508.910, the State Fish and Wildlife Commission may, in its discretion, revoke for the remainder of the license year any license issued to such person under the authority of the commission or the State Fish and Wildlife Director, and in its discretion may refuse the issuance of any license issued under the authority of the commission or director during any period not to exceed one year from the date of the license revocation order:

(1) Upon conviction within this state of any person of violation of any of the commercial fishing laws or rules;

(2) Upon receiving notice from the agency that regulates commercial fishing in the State of Washington of the conviction of any person in that state of an offense which was a violation of Columbia River commercial fishing rules adopted pursuant to the Columbia River Compact and which if committed in this state would be grounds for license revocation pursuant to subsection (1) of this section;

(3) Upon conviction within this state of any person for violation of ORS 498.022, or any rule promulgated pursuant thereto, involving game fish, through the use of a license issued pursuant to the commercial fishing laws; or

(4) Upon conviction within this state of a person for violation of ORS 164.043 to 164.065 when the subject of the theft is commercial fishing crab rings or crab pots, or the crabs taken therefrom. [Amended by 1965 c.570 §74; 1971 c.569 §1; 1977 c.350 §6; 1987 c.213 §4; 1997 c.252 §1; 1999 c.1051 §276]

508.490 Refusal to issue license within two years after license revocation. Except for vessel licenses prescribed in ORS 508.260 and vessel permits prescribed in ORS 508.285, 508.470, 508.755, 508.775 to 508.796, 508.801 to 508.825, 508.880, 508.883 and 508.889 to 508.910, the State Fish and Wildlife Commission may, in its discretion, refuse the issuance of any license issued under the authority of the commission or the State Fish and Wildlife Director during any period not to exceed two years from the date of the license revocation order:

(1) Upon conviction within this state of any person of violation of any of the commercial fishing laws or rules after such person has once been convicted and penalized under ORS 508.485; or

(2) Upon receiving notice from the agency that regulates commercial fishing in the State of Washington of the conviction of any person in that state of an offense which was a violation of Columbia River commercial fishing rules adopted pursuant to the Columbia River Compact and which if committed in this state would be grounds for refusal to issue a license pursuant to subsection (1) of this section. [Amended by 1965 c.570 §75; 1977 c.350 §7; 1987 c.213 §5]

508.495 Certificate in lieu of lost or destroyed license; fee. Upon the receipt of a fee of $2 and the filing of an affidavit that a license issued under authority of ORS 508.406 has been lost or destroyed, the State Fish and Wildlife Director or the authorized agent of the director shall issue a certificate that such license has been issued and has been lost or destroyed. Except as provided in ORS 508.260, the certificate may be used in lieu of the lost or destroyed license. [1957 c.140 §1; 1965 c.570 §76; 1973 c.768 §18]

508.500 Alteration, false application and multiple possession of licenses prohibited. No person shall:

(1) Alter, borrow or loan to any other person any license or permit issued by the department.

(2) In applying for a license or permit issued by the State Department of Fish and Wildlife knowingly make any false statement of any information required by the application regarding the person in whose name the license or permit is to be issued.

(3) Possess any license or permit that has been altered, borrowed or loaned or for which any false statements were knowingly made in applying therefor. [1981 c.365 §20]

CATCH FEES

508.505 Additional fees based on value of fish at time of landing; exceptions. (1) Additional fees shall be collected by the State Fish and Wildlife Director in the amount prescribed by this section, except as provided in ORS 508.510. Every person operating within the state as a canner, buyer, bait dealer or wholesaler of any food fish or shellfish shall pay, in addition to all other licenses or fees provided by law, a fee equal to the value of the food fish at the point of landing multiplied by the following rates:

(a) All salmon and steelhead, 3.15 percent.

(b) All other food fish and shellfish, 1.09 percent for the period beginning January 1, 1992, and ending December 31, 1992. Thereafter the State Fish and Wildlife Commission may increase the rate to not more than 1.25 percent to the extent that the commission determines upon review that revenues received are inadequate to maintain the legislatively adopted program level. The commission shall report its revenue review and any proposed rate increase to the Emergency Board prior to the time the rate increase is implemented.

(2) Only fresh or frozen in the round or dressed food fish or shellfish are subject to the fees provided in this section. “Dressed” includes but is not limited to beheaded, gutted, filleted, loined or shucked. However, frozen food fish or frozen shellfish received in a wrapped package to which a legible label is stamped or printed showing the name, address, brand or trade name of the original processor or wholesale distributor under which the package is marketed and the kind of frozen food fish or frozen shellfish contained therein, for distribution and ultimate sale in the original package are not subject to the fees provided in this section. [Formerly 508.305; 1969 c.172 §4; 1971 c.243 §1; 1973 c.768 §15; 1979 c.378 §1; 1989 c.166 §1; 1991 c.701 §2]

Note: The amendments to 508.505 by section 12, chapter 809, Oregon Laws 2003, become operative January 1, 2005. See section 16, chapter 809, Oregon Laws 2003. The text that is operative on and after January 1, 2005, is set forth for the user’s convenience.

508.505. (1) Additional fees shall be collected by the State Fish and Wildlife Director in the amount prescribed by this section, except as provided in ORS 508.510. Every person operating within the state as a canner, buyer, bait dealer or wholesaler of any food fish or shellfish shall pay, in addition to all other licenses or fees provided by law, a fee equal to the value of the food fish at the point of landing multiplied by the following rates:

(a) All salmon and steelhead, 3.15 percent.

(b) All black rockfish, blue rockfish and nearshore fish, five percent.

(c) All other food fish and shellfish, 1.09 percent for the period beginning January 1, 1992, and ending December 31, 1992. Thereafter the State Fish and Wildlife Commission may increase the rate to not more than 1.25 percent to the extent that the commission determines upon review that revenues received are inadequate to maintain the legislatively adopted program level. The commission shall report its revenue review and any proposed rate increase to the Emergency Board prior to the time the rate increase is implemented.

(2) Only live, fresh or frozen in the round or dressed food fish or shellfish are subject to the fees provided in this section. “Dressed” includes but is not limited to beheaded, gutted, filleted, loined or shucked. However, frozen food fish or frozen shellfish received in a wrapped package to which a legible label is stamped or printed showing the name, address, brand or trade name of the original processor or wholesale distributor under which the package is marketed and the kind of frozen food fish or frozen shellfish contained therein, for distribution and ultimate sale in the original package are not subject to the fees provided in this section.

Note: Section 8, chapter 512, Oregon Laws 1989, provides:

Sec. 8. Additional fee through 2009. In addition to the ad valorem fee prescribed by law, during the period beginning January 1, 1998, and ending December 31, 2009, there shall be paid for each fish species referred to in ORS 508.505 (1)(a), an additional fee of five cents per pound. The ad valorem fee referred to in this section is subject to ORS 508.505 to 508.540. [1989 c.512 §8; 1991 c.184 §3; 1997 c.8 §11; 2003 c.643 §3]

508.507 [1971 c.540 §10; repealed by 1991 c.701 §3]

508.510 Place where fish caught is immaterial; exceptions; special fee. (1) The fee provided for in ORS 508.505 shall be paid irrespective of where the fish were caught. However, the fees shall not be paid on any food fish or shellfish brought into this state after having been landed:

(a) In another state, territory or possession of the United States, and upon or in regard to which a tax or fee has been levied and collected in the other state, territory or possession; or

(b) In another country.

(2) Notwithstanding ORS 508.505, there shall be paid a fee of one percent of the value of all food fish or shellfish brought into this state after having been landed in another state, territory or possession of the United States, and upon or in regard to which a tax or fee has not been levied and collected in the other state, territory or possession. [Formerly 508.320; 1991 c.701 §4]

508.515 Time of paying fees; report; interest on overdue fees; waiver or extension of payment. (1) The fee required by ORS 508.505 shall be paid to the State Fish and Wildlife Director on or before the 20th day of each calendar month for the preceding calendar month.

(2) The fee shall be accompanied by a report showing the total number of pounds of all varieties of food fish, stated separately upon blanks furnished by the director, and the value at the point of landing.

(3) In the event that such fee is not paid within the time for payment provided in subsection (1) of this section, there shall be added as a late payment charge a sum equal to five percent of the unpaid fees or $5, whichever is greater, and there shall be charged an interest rate of one percent per month until the principal and interest is paid.

(4) Notwithstanding subsection (1), (2) or (3) of this section, the State Fish and Wildlife Commission may waive or extend payment of any fees required by ORS 508.505 amounting to less than $10 during any calendar year. [Formerly 508.310; 1971 c.243 §2; 1981 c.646 §5; 1991 c.701 §5]

508.520 Determination of disputes. It is the intention that only one fee based on the value of the fish at the point of landing shall be collected for each fish purchased or received, and in order that this end may be accomplished the State Fish and Wildlife Commission and the State Fish and Wildlife Director may determine finally any dispute arising out of the operation and enforcement of ORS 508.505. [Formerly 508.325; 1991 c.701 §6]

508.525 Lien for unpaid fee; foreclosure; jurisdiction of courts. The fee required by ORS 508.505 constitutes a first lien upon the cannery, packing plant, scow, boat and its equipment used in the canning, receiving or transporting of the fish. This lien may be foreclosed by the State Fish and Wildlife Commission in the name of the state by a suit in equity in the circuit court of the county in which the property upon which a lien is given by this section is situated. If situated in two or more counties the court first acquiring jurisdiction of a part of the property shall have jurisdiction of all the property described in such foreclosure suit. [Formerly 508.330; 1991 c.701 §7]

508.530 Rules; reports; violation or falsification. (1) The State Fish and Wildlife Commission may make such rules and require such reports to be made as, in its judgment, are necessary to insure the collection and payment of the fee required by ORS 508.505.

(2) It is unlawful for any person to falsify any of the reports or to violate any of the rules made or required by the commission. [Formerly 508.335; 1991 c.701 §8]

508.535 Keeping record of food fish received and bought; inspection. (1) Every fish canner, fish buyer, retail fish dealer, fish bait dealer or wholesale fish dealer shall keep a record, of all food fish received and bought, in accordance with rules promulgated by the State Fish and Wildlife Commission. Such information may be required as is necessary to enable the commission to carry out its duties of conservation, protection, administration or enforcement under the commercial fishing laws without imposing undue hardship on the licensees.

(2) At least one copy of this record shall be kept:

(a) On each boat, vessel, scow, pickup boat or other craft, truck, automobile, motor vehicle or other vehicle of any kind whatsoever used in buying, receiving or transporting the fish.

(b) By the canner, buyer, retailer, fish bait dealer or wholesaler.

(3) This record is subject to inspection by the commissioners, the State Fish and Wildlife Director, the authorized agent of the director, or any duly authorized police officer. This record shall be transmitted to the office of the director at such times and in such manner as the commission directs.

(4) Every person shall always keep open to inspection by the commission or its agent any books, records, papers or memoranda which are pertinent to the administration of ORS 508.505 to 508.540. For the purpose of ascertaining the correctness of any fee record or report or the number of pounds or value of fish upon which the additional fee is based or such other information as may be necessary to the administration of ORS 508.505 to 508.540, the commission or its agent may inspect such books, records, papers or memoranda.

(5) Restaurants licensed under ORS 624.020 shall keep a record of all fresh or frozen fish received or bought while such fish are in the restaurant’s possession. This record shall be subject to inspection by the commissioners, the director, the authorized agent of the director, or any duly authorized police officer. An invoice or receipt shall be adequate for the purposes of this subsection. [Formerly 508.340; 1969 c.172 §5; 1971 c.540 §11; 1973 c.437 §1; 1977 c.242 §5; 1991 c.701 §9]

508.540 Failure to keep or submit records or to pay fee. (1) In addition to the penalty prescribed by ORS 506.991, the State Fish and Wildlife Director, under the authority of the State Fish and Wildlife Commission, may suspend or revoke any license for which a fee is required under ORS 508.285 if the person holding the license fails to keep the record required by ORS 508.535 or fails to submit the books, records, papers or memoranda of the person for inspection, pursuant to ORS 508.535 (4), to any member of the commission or any of its representatives presenting written authority from the commission.

(2) The State Fish and Wildlife Director may suspend, deny the renewal of or refuse to issue any license for which a fee is required under ORS 508.285 if the person holding or applying for the license is more than 60 days past due in an amount of more than $400 owed:

(a) From fees pursuant to ORS 508.505;

(b) From overage, incidental catch or bycatch charges; or

(c) To any food fish commodity commission established under ORS chapter 576.

(3) The State Fish and Wildlife Commission may contact any food fish commodity commission at any time to obtain lists of persons who owe past due fees to the commodity commission.

(4) For purposes of this section:

(a) “Bycatch” means the unintended taking of a species of food fish that:

(A) Occurs while targeting another species of food fish; and

(B) Is prohibited due to time, place, manner, regulations or quota restrictions.

(b) “Incidental catch” means the unintended legal taking of a species of food fish that occurs while targeting another species of food fish.

(c) “Overage” means the amount of food fish taken for commercial purposes that exceeds the amount allowed by federal and state law. [Formerly 508.345; 1991 c.701 §10; 2003 c.39 §1]

508.545 [Formerly 508.350; repealed by 1973 c.794 §34]

508.550 Sale of fish from license holder’s boat; permit; fee; reports; payment of fees. Notwithstanding any other provision of this chapter, a person who holds a valid Oregon commercial fishing license may sell any species of food fish taken in lawful commercial fishing activity directly from the license holder’s boat, subject to the following conditions:

(1) The person must first obtain from the State Fish and Wildlife Commission an annual limited fish seller permit for such sales, the fee for which is $20. The commission by rule may limit the number of permits available for any species of food fish. (continued)