Chapter 511

Local and Special Regulations

GENERAL PROVISIONS ALSEA BAY YAQUINA BAY SILETZ RIVER AREAS 511005 Where angling permitted means natural person holding game commission license 511405 Use of drift nets in Alsea Bay and River 511010 Determining size of mesh of nets 511410 Angling and use of fishing appliances in Yaquina Bay COLUMBIA RIVER AREA 511415 Angling and use of drift nets in Siletz River Drift and Schooner Creeks 511105 Use of drag and whip seines prohibited COOS BAY COQUILLE RIVER AREAS 511110 Use of certain fishing appliances to take certain fish prohibited 511505 Use of fishing appliances in Coos Bay and tributaries 511115 Seizure and sale of fishing appliances un lawful under ORS 511105 and 511110 511510 Taking striped bass with drift and set 511120 Indian fishing rights and state or federal nets in Coos Bay and tributaries sale fortfeiture of illegal gear and license propagation or scientific projects un affected 511515 Angling and use of drift nets set nets 511125 Angling and use of fishing appliances west and seines in Coquille River of Deschutes River west of Cascade NEHALEM RIVER AND NESTUCCA NETARTS Locks and within three miles from AND TILLAMOOK BAY AREAS mouth of Columbia River 511130 Mouth of Columbia River defined 511605 Angling and use of drift nets in Nehalem 511135 Use of fishing appliances east of Des River and tributaries chutes River 511610 Taking crabs in Nehalem Bay and River 511140 Seizure and sale of fish and fishing appli 511612 Nestucca Bay and tributaries angling ances unlawful under ORS 511135 only permitted 511145 Areas at mouths of hatchery tributaries 511615 Taking smelt in Netarts Bay liberating closed to commercial fishing angling other fish caught permitted 511620 Taking chum salmon in Netarts Bay 511150 Use of fish wheels prohibited silver salmon incidentally taken 511155 Use of traps or seines east of Cascade 511625 Natural and artificial oyster beds in Ne Locks prohibited tarts Bay 511160 Seizure and sale of fishing appliances un 511630 Angling in Tillamook Bay tributaries use lawful under ORS 511150 and 511155 of fishing appliances in Tillamook Bay 511165 Use of traps or poundnets west of range 511635 Use of drift nets in Tillamook Bay tribu lights at Fort Stevens and Cape Disap taries Miama Kilchis Wilson Tilla pointment prohibited mook Rivers and Hoquarton Slough 511170 Seizure and sale of fish and traps unlaw 511640 Oyster beds in Tillamook Bay prior ful under ORS 511165 claims set aside for artificial oyster claims ROGUE RIVER AREA 511645 Locating claims in Tillamook Bay oyster lands notice 511205 Fishing other than as provided by ORS 511210 to 511225 prohibited 511650 Requisites for retaining claims in Tilla mook Bay oyster lands 511210 Fishing with other than rod or line pro 511655 Evidentiary value of claim affidavit hibited taking fish for propagation ex cepted 511660 Loss of claim by noncompliance with ORS 511650 511215 Selling possessing or transporting fish taken from Rogue River prohibited SIUSLAW RIVER UMPQUA RIVER AREAS outside the boundaries of certain counties 511705 Angling and use of nets in Siuslaw River 511220 Seizure forfeiture and disposal of boats 511710 Trout steelhead trout or salmon in Ump and devices unlawfully used qua River angling only permitted 511225 Revocation of license as additional penalty 511715 Sturgeon and salmon in Umpqua River taking and possessing prohibited sal EUCHRE HUNTERS AND FLORAS CREEK mon taken by angling excepted AND CHETCO ELK PISTOL SIXES AND 511720 Use of nets to take striped bass and shad WINCHUCK RIVER AREAS in Umpqua River 511305 Cheteo River angling only permitted 511725 Power of fish commission to change Ump 511310 Elk River angling only permitted qua River regulations 511315 Sixes River angling only permitted 511730 Publication and effective date of fish 511320 Winchuck River angling only permitted commission Umpqua River regulations 511325 Euchre Hunters and Floras Creeks Pistol 511735 Game commission to seize game fish taken River angling only permitted by commercial gear in Umpqua River 511330 Curry County streams obstructions pen 511740 Confiscation of illegal gear and revoca alty tion of license as additional penalty 119 CH 511 CROSS REFERENCES

WILLAMETTE RIVER AREA 511825 Using nets to take shad in Willamette 511805 Wilamette River and tributaries angling Slough only permitted 511830 Number of trolling or angling outfits in 511810 Willamette Slough and tributaries angl one boat in Willamette River Slough ing only permitted and tributaries 511815 Willamette River or tributaries above Oregon City chinook salmon fishing PENALTIES prohibited at night or after July 1 511820 Salmon bag limit in Willamette River 511990 Penalties Columbia River area Slough and tributaries 511995 Penalties other river and bay areas

CROSS REFERENCES

Areas closed to use of traps weirs fishing dams 511990 fishwheels seines 509205 Penalties applicable to violations of commercial fishing laws 5069905 5069906

511205 511995 Steelhead trout always game fish in Rogue River Penalties applicable to violations of commercial 509055 fishing laws 5069905 5069906

120 LOCAL AND SPECIAL REGULATIONS 511130

GENERAL PROVISIONS 511115 Seizure and sale of fishing appliances unlawful under ORS 511105 and 511005 Where angling permitted means 511110 All gear and appliances used in natural person holding game commission violation of ORS 511105 or 511110 includ license Wherever in ORS 511125 511145 ing boats traps nets weirs fish wheels 511305 to 511320 511410 511415 511505 trucks automobiles motor vehicles or other 511515 511605 511630 511705 and 511830 vehicles of any kind whatsoever or other it is provided that salmon shad striped appliances used or employed in connection bass sturgeon or other anadromous or food with the violation of ORS 511105 or 511110 fish may be taken caught or fished with shall be condemned and sold The proceeds hook and line commonly called angling of such sale shall be paid to the State such provision means a natural person hold Treasurer for the benefit of the Fish Com ing an anglers license issued by the State mission of the State of Oregon Game Commission and the term angling as applied to striped bass includes the taking 511120 Indian fishing rights and state catching or fishing of such bass with bass or federal propagation or scientific projects plugs unaffected ORS 511105 to 511115 do not apply to fishing by Indians under federal 511010 Determining size of mesh of regulations or the use of any device or nets In determining the size of the mesh of means by the state or national government 511515 nets specified in ORS 511505 in catching fish for propagation or scientific 511605 511705 and 511825 the size of the purposes mesh shall be determined by measuring the mesh diagonally from opposite corner to 511125 Angling and use of fishing opposite corner between the center of the appliances west of Deschutes River west of knots the mesh to be stretched taut so as Cascade Locks and within three miles from to bring together the other two corners mouth of Columbia River 1 It is lawful at any time to take catch or fish for 511015 to 511100 Reserved for expan salmon shad striped bass sturgeon or other sion anadromous or food fish in the Columbia River or in any of the waters or sloughs COLUMBIA RIVER AREA thereof west of its confluence with the 511105 Use of drag and whip seines Deschutes River or within three miles out prohibited 1 It is unlawful to construct side of the mouth of the Columbia River install use operate or maintain any drag with hook and line commonly called angling seine or whip seine in the waters of the 2 Except as otherwise provided by Columbia River or its tributaries in this ORS 511110 it is lawful to take catch or state fish for salmon shad striped bass sturgeon 2 A seine is defined to be a mesh net or other anadromous or food fish in any of one edge provided with sinkers and the the waters mentioned in subsection 1 of other with floats It hangs in the water and this section with set lines setnets gillnets when its ends are brought together or drawn bag or dipnet or troll ashore or whipped on to a sandbar or into 3 It is lawful to take catch or fish shoal water encloses the fish for shad striped bass sturgeon or other anadromous or food fish other than salmon 511110 Use of certain fishing appli salmon trout or steelhead in the waters of ances to take certain fish prohibited 1 It the Columbia River west of Cascade Locks is unlawful to construct install use oper between 12 noon September 10 of any year ate or maintain within any of the waters and 12 noon March 1 the following year of the Columbia River or its tributaries in and between 12 noon May 1 and 12 noon this state any pound net fish trap fish August 25 of any year with traps wheel scow fish wheel setnet or weir or 4 It is unlawful to use any of such any fixed appliances for the purpose of fishing appliances between 6 pm on Satur catching salmon salmon trout or steelhead day of each week and 6 pm on Sunday or to take salmon salmon trout or steelhead following from May 1 to August 25 of any by any such means year 2 A setnet is defined as a gill mesh net which catches fish by gilling and is not 511130 Mouth of Columbia River de free to move with the current or tide fined The mouth of the Columbia River is 121 511135 COMMERCIAL FISHING AND FISHERIES located and defined as a line drawn from anadromous or food fish except with hook the present inshore end of the north jetty and line commonly called angling on the Columbia River to the knuckle of the 511150 Use of fish wheels prohibited south jetty on the Columbia River which It is unlawful to catch or take from the knuckle is approximately four miles westerly waters of the Columbia River in this state from the government dock at Fort Stevens any fish of any kind by means of any fish This line will pass approximately three wheel or to operate maintain or place or eighths of a mile westerly from buoy No suffer or permit to be operated maintained 10 and as shown on the coast and geodetic or placed any fish wheel in the waters of survey chart No 6151 dated January 5 the Columbia River in this state 1917 511155 Use of traps or seines east of 511135 Use of fishing appliances east Cascade Locks prohibited It is unlawful to of Deschutes River It is unlawful at any catch or take from the waters of the time to install use operate or maintain or Columbia River in this state east of Cascade to take catch or fish for salmon or other anadromous or food fish in the waters of Locks any fish of any kind by means of any fish trap or fish seine or to operate the Columbia River or any of its tributaries east of its confluence with the Deschutes maintain or place or suffer or permit to be operated maintained or placed in the waters River with any set line setnet seine gill of the Columbia River in this state east of net bag dipnet troll trap drag seine or Cascade Locks any fish trap or seine other commercial fishing gear or appliance 511160 Seizure and sale of fishing 511140 Seizure and sale of fish and appliances unlawful under ORS 511150 and fishing appliances unlawful under ORS 511155 In addition to the penalty prescribed 511135 All fishing gear and appliances used by subsection 4 of ORS 511990 for vio in violation of ORS 511135 and all fish lators of ORS 511150 or 511155 the fish caught therewith shall be seized confiscated eries director may seize all fishing gear and sold by the fisheries director in the apparatus and devices used or employed in manner provided by law for the seizure connection with the violation of ORS 511150 confiscation and sale of illegal fishing gear or 511155 and same shall be condemned and and appliances and illegally caught fish The sold in the manner provided by law for proceeds of any such sale shall be disposed the condemnation and sale of fishing gear of as by law in such cases provided apparatus and appliances used in violation 511145 Areas at mouths of hatchery of law The proceeds of such sale shall be tributaries closed to commercial fishing paid to the fisheries director who shall angling permitted A closed area to commer deposit the same with the State Treasurer cial fishing is declared in all those portions to the credit of the General Fund in the of the Columbia River at and adjacent to State Treasury the mouths of all rivers streams creeks and 511165 Use of traps or poundnets west tributaries of the Columbia River within of range lights at Fort Stevens and Cape the state except the Willamette River and Disappointment prohibited It is unlawful to which flow into the Columbia River in construct maintain or operate any fish trap which rivers streams creeks or tributaries or poundnet in the waters of the Columbia the state or the fish commission establishes River in this state west of a line drawn and operates any hatchery feeding pond or between the range light at Fort Stevens fish cultural station as follows An area Oregon and the range light on Cape Dis one quarter of a mile in width extending appointment Washington out into the Columbia River at right angles to the thread of the stream and one mile 511170 Seizure and sale of fish and in length below the upper or righthand traps unlawful under ORS 511165 In addi bank or short line of such stream river tion to the penalty prescribed by subsection creek or tributary where the same inter 5 of ORS 511990 for violation of ORS sects the left bank or shore of the Columbia 511165 any fish trap including the web River In such areas one quarter of a mile and piling thereof used in violation of ORS in width and one mile in length it is unlawful 511165 and all fish caught in such trap in at any time to take catch or fish for violation of ORS 511165 shall be seized salmon shad striped bass sturgeon or other confiscated and sold by the fisheries director 7 22 LOCAL AND SPECIAL REGULATIONS 511315

in the manner provided by statute for the used or which have been or may be used seizure and sale of illegal fishing gear The to take or attempt to take any fish from proceeds of any such sale shall be disposed or for fishing in any such waters the use of as by statute in such cases provided of which is declared unlawful by ORS 511210 511175 to 511200 Reserved for expan sion 2 All boats traps nets seines or other fishing devices fishing apparatus or instru ROGUE RIVER AREA ments used or which may be used in viola tion of ORS 511210 operated maintained 511205 Fishing other than as provided used or found in any of the waters of Rogue by ORS 511210 to 511225 prohibited It is River or any tributary thereof or in any unlawful to fish or take or attempt to take water adjacent to the mouth of the Rogue any salmon or other fish from the waters River within a radius of three miles from of the Rogue River or its tributaries except the center of such mouth are declared a as provided in ORS 511210 to 511225 public nuisance and shall be forfeited dis posed of or destroyed under the direction 511210 Fishing with other than rod or of the State Game Commission line prohibited taking fish for propagation excepted It is unlawful for any person to 511225 Revocation of license as addi take or attempt to take fish of any kind tional penalty Upon conviction of violation from or to fish in the waters of the Rogue of any provision of ORS 511205 to 511220 River or any of its tributaries or within a in addition to the penalty prescribed by sub radius of three miles from the center of section 1 of ORS 511995 any court the mouth of Rogue River in any manner having jurisdiction may revoke and cancel except with a rod or a line held in the any fishing license held by the violator and hand and by hook or hooks baited with prohibit the issuance of another such license natural or artificial bait or lure However for not more than one year the state or the United States may other wise remove fish from the Rogue River and 511230 to 511300 Reserved for expan its tributaries for purposes of propagation sion 511215 Selling possessing or transport ing fish taken from Rogue River prohibited EUCHRE HUNTERS AND FLORAS outside the boundaries of certain counties CREEKS AND CHETCO ELK PISTOL It is unlawful anywhere in the state to sell SIXES AND WINCHUCK RIVER AREAS or offer for sale barter or exchange or to 511305 Chetco River angling only have in possession for the purpose of sale barter or exchange or to ship or cause to permitted It is unlawful at any time to take be carried or transported beyond the bound catch or fish for salmon shad striped bass sturgeon or other anadromous or food fish aries of Josephine Jackson and Curry in the waters of Chetco River in Curry Counties for sale barter or exchange any County except with hook and line commonly fish of any kind or character whatsoever called angling caught or taken from the waters of the Rogue River or its tributaries in any man 511310 Elk River angling only per ner or by any device at any time mitted It is unlawful at any time to take 511220 Seizure forfeiture and disposal catch or fish for salmon shad striped bass of boats and devices unlawfully used 1 sturgeon or other anadromous or food fish The State Game Commission the game war in the waters of Elk River in Curry County dens every duly authorized representative except with hook and line commonly called of the State Game Commission and every angling sheriff or other peace officer shall seize upon take and confiscate all boats nets 511315 Sixes River angling only per traps fishing devices fishing apparatus or mitted It is unlawful at any time to take instruments of any and every kind nature catch or fish for salmon shad striped bass character and description found in or on sturgeon or other anadromous or food fish the waters of Rogue River or any of its in the waters of Sixes River in Curry tributaries or within a radius of three miles County except with hook and line com from the mouth of the Rogue River being monly called angling 123 511320 COMMERCIAL FISHING AND FISHERIES

511320 Winchuck River angling only any of such fishing appliances between 12 permitted It is unlawful at any time to take noon on Saturday of each week and 12 noon catch or fish for salmon shad striped bass on Sunday following sturgeon or other anadromous or food fish 511410 of fishing in the waters of Winchuck River in Curry Angling and use appliances in Yaquina Bay 1 It is lawful County except with hook and line commonly to take catch or fish for salmon shad called angling striped bass sturgeon or other anadromous 511325 Euchre Hunters and Floras or food fish in the waters of Yaquina Bay Creeks Pistol River angling only permitted and its tributaries at any time subject to It is unlawful to take or attempt to take fish regulations of the State Game Commission of any kind from or to fish in the waters with hook and line commonly called angling of Euchre Creek Hunters Creek Floras 2 It is lawful to take catch or fish Creek or Pistol River in any manner except for salmon shad striped bass sturgeon or with hook and line commonly called angling other anadromous or food fish in the waters of Yaquina Bay and its tributaries below 511330 Curry County streams obstruc what is known as the county road bridge tions penalty 1 The owners of tide lands which crosses the Yaquina River at Toledo and riparian owners above tide water on with drift nets from 6 pm on August 1 to 6 each side of the Chetco Elk Illinois Pistol pm on November 20 of any year It is Rogue Sixes or Winchuck Rivers or any lawful at all times to operate drift nets of their tributaries or bays or any other in such waters for the purpose of catching stream in Curry County as appurtenances perch herring sardine or pilchard smelt or thereto have the exclusive right and privi candle fish for bait or for sale lege of fishing for salmon fish with seines 3 It is lawful at all times in such and nets and hauling and landing seines and waters to fish for take or catch flounders nets on said lands No person shall anchor perch soles cod or other food fish exclud said nets or put or place any obstruction ing salmon steelhead trout shad striped whatever in the water fronting said tide bass and sturgeon by means of setline and lands in any place where said tide lands hook and line and for any person holding are used for hauling or landing seines a setline license as provided for by ORS 2 Violation of subsection 1 of this 508125 to sell such fish section is punishable upon conviction by a 4 It is unlawful to take catch or fish fine of not less than 50 nor more than 500 for salmon shad striped bass sturgeon or and costs of the action or by imprisonment other anadromous or food fish with set nets in the county jail not less than 25 days or gillnets in the waters of Yaquina Bay and nor more than six months or both In case its tributary streams from 6 am on Satur of fine only the violator shall be imprisoned day until 6 pm on the Sunday following in the county jail until such fine and costs during any open season of action are paid and he shall be credited on such fine and costs the sum of 2 for 511415 Angling and use of drift nets each day imprisoned in Siletz River Drift and Schooner Creeks 1 It is lawful to take catch or fish for 511335 to 511400 Reserved for expan sion salmon shad striped bass sturgeon or other anadromous or food fish in any of the waters of Siletz River and Drift Creek and ALSEA BAY YAQUINA BAY Schooner Creek tributaries thereof at any SILETZ RIVER AREAS time subject to regulations of the State 511405 Use of drift nets in Alsea Bay Game Commission with hook and line com and River It is lawful to use drift nets monly called angling for taking or catching salmon shad striped 2 It is lawful to take catch or fish bass sturgeon or other anadromous or food for salmon shad striped bass sturgeon or fish in the waters of Alsea Bay and River other anadromous or food fish with drift between what is known as Gravel Bar one nets in any of the waters between a line half mile below Tidewater postoffice and drawn across the Siletz River at right angles the railroad bridge at Waldport on Alsea to the thread of the stream at the lower Bay from July 15 to November 20 inclusive end of the cooperative cheese factory at Dr of any year However it is unlawful to use Robinsons place on the Siletz River within 124 LOCAL AND SPECIAL REGULATIO 511515

Lincoln County and a point where the the Coos River below a line drawn across Oregon Coast Highway bridge crosses such such north fork at right angles to the river from 6 pm to 6 am of the following thread of the stream at the lower end of day between August 1 and October 31 of the ranch owned by John Hendrickson and any year in the south fork of the Coos River below a line across such south fork drawn at right 511420 to 511500 Reserved for expan angles to the thread of the stream at the sion lower end of the H H Rogers ranch Coos River and Coos Bay COOS BAY COQUILLE RIVER AREAS 2 During the open season provided for 511505 Use of fishing appliances in by subsection 1 of this section any striped Coos Bay and tributaries 1 It is lawful bass lawfully caught may be sold except to fish for take or catch shad with drift striped bass caught or taken in the sports nets and setnets having a mesh not to exceed area provided for by ORS 498230 six and onehalf inches nor less than four 3 Upon violation of any provision of and onehalf inches taut measure in the this section or any of the rules orders or waters of Coos Bay and its tributaries and regulations promulgated by the fish com in the north fork of Coos River below a mission pertaining to net fishing in any of line drawn across such north fork at right the waters described in this section any angles to the thread of the stream at the illegal gear used shall be confiscated and lower end of the ranch owned by John forfeited and in addition to or in lieu of Hendrickson and in the south fork of Coos any of the penalties provided by subsection River below a line across such south fork 2 of ORS 511995 any court having juris drawn at right angles to the thread of the diction may revoke or cancel any fishing stream at the lower end of the H H Rogers license held by the violator and prohibit ranch from 6 am on April 1 to 6 pm the issuance of any similar license for not on June 30 of any year except in that more than one year portion of Coos Bay and all of Isthmus Inlet south of the ferry slips connecting 511515 Angling and use of drift nets the cities of Coos Bay and Eastside and set nets and seines in Coquille River 1 It except in Catching Inlet a tributary of is lawful to take catch or fish for salmon Coos Bay south of the county bridge on shad striped bass sturgeon or other ana the Coos River Market Road crossing Catch dromous or food fish in the Coquille River ing Inlet or its tributaries at any time subject to 2 It is lawful at all times to operate regulations of the State Game Commission drift nets for the purpose of catching perch with hook and line commonly called angling herring sardine or pilchard smelt or candle 2 It is lawful to take catch or fish fish for bait or for sale for salmon striped bass sturgeon or other 3 It is lawful at all times to fish for anadromous or food fish except shad in the take or catch flounders perch sole cod waters of the Coquille River below the draw shad sturgeon or other food fish excluding bridge on the Roosevelt Highway crossing salmon steelhead and trout by means of the Coquille River at the city of Coquille setline and hook and line and for any per with drift nets between 6 am on July 15 son holding a setline license as provided for and 6 pm on December 10 of each year by ORS 508125 to sell such fish It is lawful to fish for take or catch shad 511510 Taking striped bass with drift with drift nets and set nets in the waters and set nets in Coos Bay and tributaries of the Coquille River below such dead line sale forfeiture of illegal gear and license from 6 am on April 1 to 6 pm on June 1 From 6 am on April 1 to 6 pm on 30 of any year only when having a mesh June 30 of any year it is lawful to fish not to exceed six and one half inches nor for catch or take striped bass with drift less than four and onehalf inches taut nets and with set nets not extending over measure onethird of the distance from one bank 3 No person shall take catch or fish of the stream to the opposite bank such for salmon shad striped bass sturgeon or nets having a mesh of not less than four other anadromous or food fish with seines and onehalf nor more than six and one half in the waters of the Coquille River or any inches taut measure in the north fork of of its tributaries 125 511605 COMMERCIAL FISHING AND FISHERIES

511520 to 511600 Reserved for expan net or seine shall be liberated immediately sion without injury into the waters of the bay 511620 Taking chum salmon in Netarts NEHALEM RIVER AND NESTUCCA Bay silver salmon incidentally taken It is NETARTS AND TILLAMOOK lawful to take catch or fish for chum BAY AREAS salmon with set nets only in the waters of 511605 Angling and use of drift nets Netarts Bay between 6 am on October 15 in Nehalem River and tributaries 1 It is and 6 pm on November 30 of each year lawful to take catch or fish for salmon Silver salmon taken or caught while such shad striped bass sturgeon or other ana set nets are lawfully being operated for dromous or food fish in the waters of chum salmon shall be considered as lawfully Nehalem River or its tributaries at any time taken and may be sold or disposed of com subject to regulations of the State Game mercially in exactly the same manner as Commission with hook and line commonly chum salmon taken or caught in such nets called angling 511625 Natural and artificial oyster beds in Netarts Bay That portion of Netarts 2 It is lawful to take catch or fish Bay in Tillamook County lying south of for salmon shad striped bass sturgeon or the quarter section line running east and other anadromous or food fish with drift west through the center of section 19 in nets in the waters of Nehalem River or its township 2 south range 10 west of the tributaries from 6 pm on August 1 to Willamette Meridian is designated as natural 6 am on November 20 below the bridge oyster beds That portion of Netarts Bay across Nehalem River known as the Mohler lying north of such quarter section line is Bridge However it is unlawful to take designated and set apart for artificial plan catch or fish for such fish with drift nets tations of oysters the sizes of which shall between 6 am Saturday and 6 pm Sunday be fixed by the local regulations of any of each week Every drift net used for the oystermens association on Netarts Bay not taking catching or fishing for such fish exceeding two acres in any one plantation during the month of August during each Every person holding a claim for the culti open season shall have a mesh not less than vation of oysters on Netarts Bay shall in eight inches all respects comply with the local regula 511610 tions applicable thereto No person firm Taking crabs in Nehalem Bay corporation or association shall be entitled and River It is unlawful for any person to to locate more than ofie such claim take or catch in the waters of Nehalem Bay and Nehalem River any crabs with 511630 Angling in Tillamook Bay tribu the use of rakes submerged pots or anY terries use of fishing appliances in Tilla other device except the regular crab nets mook Bay 1 It is lawful to take catch or commonly known as rings or hoops fish for salmon shad striped bass sturgeon or other anadromous or food fish in the 511612 Nestucca Bay and tributaries tributaries of Tillamook Bay at any time angling only permitted It is unlawful to subject to regulations of the State Game take or attempt to take fish of any kind Commission with hook and line commonly from or to fish in the waters of Nestucc a called angling Bay or any of its tributaries in any manner 2 It is lawful to take catch or fish except with hook and line commonly called for salmon shad striped bass sturgeon or angling other anadromous or food fish with gillnets or drift nets in any of the waters of Tilla 511615 Taking smelt in Netarts Bay mook Bay between May 15 and December 10 liberating other fish caught It is lawful t0 of the same year In addition it is lawful so take catch or fish for California jack smelt to use therein set nets gillnets or drift nets or other species of smelt by means of a between October 1 and December 10 of each smelt seine or gillnet of small mesh in the year However it is unlawful to take catch waters of Netarts Bay from 12 noon Novem or fish for such fish with set nets gillnets ber 1 to 12 noon June 1 of the year follow or drift nets between 6 am Saturday and ing All salmon shad sturgeon or trout 6 pm Sunday of each week from May 15 caught or taken while operating such gill to October 15 126 LOCAL AND SPECIAL REGULATIONS 5116

511635 Use of drift nets in Tillamook claim by means which will not obstruct navi Bay tributaries Miama Kilchis Wilson Til gation and by recording within 30 days lamook Rivers and Hoquarton Slough 1 thereafter with the county clerk of Tilla It is lawful to take catch or fish for salmon mook County a notice of location signed shad striped bass sturgeon or other anad and acknowledged by him which notice shall romous or food fish with drift nets in any contain of the waters of the tributaries of Tillamook 1 A description of each oyster claim Bay below the points named between May so marked 15 and November 30 of the same year in 2 A statement that each claim is clusive as follows marked and is claimed as an oyster claim a Miama River Below a line drawn 511650 across the Miama River due north and Requisites for retaining claims south through a point 1000 feet west from in Tillamook Bay oyster lands The locators the northwest corner of the Southern Pa of oyster claims under prior laws or ORS 511640 to 511660 and the heirs succes cific railroad bridge across Miama River b Kilchis River At the intersection of sors assignees and lessees thereof are en titled to continued possession of such claims such stream by the section line between sec tions 11 and 12 township 1 south range 10 if they or someone on their behalf west of Willamette Meridian However be 1 Keep the boundaries of each such tween October 1 and November 30 it is law oyster claim reasonably marked ful to take catch or fish for salmon from 2 Biennially after the recording of no such river up to the railroad bridge of the tice of location or July 16 1949 in case of Southern Pacific company claims previously located somewhere on c Wilson River Five hundred feet be such claims either low where the bridge on the Oregon Coast a Plant at least fourtenths of a bushel Highway crosses such river in section 13 of oyster seed or township 1 south range 10 west of Willam b Transplant at least five bushels of ette Meridian oysters or d Hoquarton Slough Below a line ex c Harvest at least eight bushels of tending across such slough drawn duenorth oysters for each acre or fraction thereof from Beacon Light where Hoquartori Slough of each claim empties into Tillamook Bay or River 3 Make and record with the county e Tillamook River One hundred feet clerk of Tillamook County on or before below the mouth of Frazier Slough June 30 1951 and on or before June 30 of 2 However it is unlawful to take each odd numbered year thereafter an affi catch or fish for such fish with drift nets davit stating between 6 am Saturday and 6 pm Sunday a The description and acreage of each of each week from May 15 to October 15 such claim b The period for which the affidavit 511640 Oyster beds in Tillamook Bay is filed prior claims set aside for artificial oyster c That the planting transplanting or claims All the tidelands and lands under the harvesting and marking provisions of sub waters of Tillamook Bay in Tillamook section 2 of this section have been com County lying west of the old ship channel plied with which prior to July 16 1949 were located as oyster claims as provided by law are 511655 Evidentiary value of claim affi withdrawn from the lands of this state which davit The recorded affidavit mentioned in may be sold or leased are designated as subsection 3 of ORS 511650 is prima oyster lands and are set aside for the loca facie evidence of the facts therein stated tion of artificial oyster claims and it or a duly certified copy thereof shall be received as such evidence in all 511645 Locating claims in Tillamook courts Bay oyster lands notice Any citizen of this state including any Oregon corporation 511660 Loss of claim by noncompliance may locate on oyster lands mentioned in with ORS 511650 In event of the failure by ORS 511640 an oyster claim or claims the any claimant to comply with any of the aggregate acreage of which does not exceed provisions of ORS 511650 all his rights to 50 acres by marking the boundaries of each the possession and use of each oyster claim M 511705 COMMERCIAL FISHING AND FISHERIES held by him shall cease and thereafter it is 5 It is unlawful to fish in any of the lawful to relocate such claim waters of Duncan Inlet or South Inlet or tributaries with nets 511665 to 511700 Reserved for expan sion 511710 Trout steelhead trout or salmon in Umpqua River angling only permitted SIUSLAW RIVER UMPQUA It is unlawful to take catch or fish for trout RIVER AREAS steelhead trout or salmon at any time with nets traps seines or any other method ex 511705 Angling and use of nets in cept with hook and line commonly called Siuslaw River 1 It is lawful to take catch angling in any waters of the Umpqua River or fish for salmon shad striped bass stur or any of its tributaries Angling or game geon or other anadromous or food fish in fishing is subject to the rules and regula the waters of the Siuslaw River between tions of the State Game Commission and April 15 of any year and March 1 of the the laws of this state following year below a line drawn at right angles to the thread of the Siuslaw River 511715 Sturgeon and salmon in Ump at the lower mouth or confluence of Wild qua River taking and possessing prohib cat Creek with the Siuslaw River and below ited salmon taken by angling excepted 1 a line drawn at right angles to the thread It is unlawful to take catch or fish for or of Lake Creek at the mouth or confluence have in possession any sturgeon taken of the Deadwood Creek with Lake Creek caught or removed from any of the waters and below a line drawn at right angles tc of the Umpqua River or any of its bays or the thread of the north fork of the Siuslaw tributaries by any means River with the mouth or confluence of 2 It is unlawful to have in possession McLeod Creek with the north fork of the any salmon taken or caught in the waters Siuslaw River with hook and line com of the Umpqua River or any of its bays or monly called angling tributaries by any other method than with hook and line commonly called angling 2 It is lawful to fish with nets having a mesh of not less than five inches or more 511720 Use of nets to take striped bass than six and one fourth inches below a line and shad in Umpqua River 1 Except as across the Siuslaw River drawn at right provided in this section and ORS 511725 angles to the thread of the stream at the it is unlawful to fish for take or catch in lower end of the mouth or confluence of the waters of the Umpqua River or any of Martin Creek with the Siuslaw River be the sloughs or tributaries thereof by any tween May 15 and July 1 of each year fo r means for commercial purposes any striped catching shad only bass or shad It is lawful for any person 3 It is lawful to take catch or fish fo r firm or corporation when duly licensed to salmon shad striped bass sturgeon or other take catch or fish for striped bass and shad anadromous or food fish with drift nets i n for commercial purposes in the waters of the waters of the Siuslaw River below a the Umpqua River below the confluence of line across the river drawn at right angle s Big Mill Creek with the Umpqua River near to the thread of the stream at the lower en d the Town of Scottsburg in Douglas County of the mouth or confluence of Morgan with drift nets only and in the waters of Creek with the Siuslaw River and in the Smith River a tributary below the cbnflu waters of the north fork of the Siuslaw ence of the north fork of the Smith River River below the state highway drawbridge with said Smith River with drift nets and crossing such north fork between the towns set nets only from 6 am on May 10 to of Cushman and Florence in Lane County 6 am on July 1 both dates inclusive of from 6 pm on July 15 to 6 am on Novem any year and in all of the waters above ber 20 inclusive of the same year mentioned between one hour before sunrise 4 It is unlawful to take catch or fish and one hour after sunset from July 1 to for salmon shad striped bass sturgeon o r September 15 both dates inclusive of any other anadromous or food fish between year with drift nets only 6 pm on Saturday of each week and 3 pm 2 The maximum and minimum mesh on the Sunday following during the open size strength and type of such drift and set season on the Siuslaw River as above speci nets and the method of their use shall be fied with drift nets fixed and prescribed by the fish commission 128 LOCAL AND SPECIAL REGULA 51 so as to enable the fish commission best to and cancel any fishing license held by the accomplish the purposes of ORS 511710 to violator and prohibit the issuance of another 511740 which are the preservation and pro similar license for not more than one year tection of fish of the game species such as 511745 to 511800 trout salmon and steelhead trout and to Reserved for expan provide for the maximum escapement and sion free migration of fish of the game species WILLAMETTE RIVER AREA 511725 Power of fish commission to change Umpqua River regulations To fur 511805 Willamette River and tributar ther enable the fish commission to accom ies angling only permitted It is unlawful to plish the purposes mentioned in subsection take catch or fish for salmon shad stur 2 of ORS 511720 the fish commission geon or other anadromous or food fish in may whenever in its discretion it is deemed any of the waters of the Willamette River advisable and in furtherance of the accom or any of its tributaries at any time except plishment of such purposes by means of hook and line commonly called angling 1 Suspend in whole or in part any open commercial season designated by ORS 511810 Willamette Slough and tribu 511720 taries angling only permitted It is unlawful 2 Further restrict any deadlines fixed to take catch or fish for salmon shad by ORS 511720 striped bass sturgeon or other anadromous 3 Alter from time to time any com or food fish in any of the waters of the mercial fishing methods and types of gear Willamette Slough or the tributaries thereof prescribed by ORS 511720 except with hook and line commonly called 4 Limit suspend or cancel any license angling provided nothing in this section required by ORS 511720 operates to prevent the taking of shad in said waters as provided in ORS 511825 511730 Publication and effective date of fish commission Umpqua River regula 511815 Willamette River or tributaries tions Any ruling order or regulation pro above Oregon City Chinook salmon fishing mulgated modified amended or adopted by prohibited at night or after July 1 It is un the fish commission in regard to commercial lawful for any person to take or catch or fishing in the Umpqua River or its tribu attempt to take or catch any Chinook salmon taries shall be published in a newspaper by any means whatsoever in the waters of within the counties in which the streams the Willamette River or in any of its tribu affected flow Such ruling order or regula tary waters in the Willamette Valley Basin tion shall take effect not sooner than five above the falls at Oregon City between one days after the date of final publication hour after sunset and one hour before sun rise or at any time on or after July 1 during 511735 Game commission to seize game the remainder of any calendar year except fish taken by commercial gear in Umpqua for the purposes and as provided for by River The State Game Commission shall ORS 509020 seize and take for the benefit of the state without remuneration to fishermen any 511820 Salmon bag limit in Willamette trout steelhead trout salmon or other game River Slough and tributaries It is unlawful fish taken in nets or commercial gear under for any person to take or catch more than ORS 511710 to 511725 three salmon in any one day with hook and line in any portion of the Willamette River 511740 Confiscation of illegal gear and the Willamette Slough or their tributaries revocation of license as additional penalty Upon violation of ORS 511710 to 511735 511825 Using nets to take shad in Wil or of any rule order or regulation authorized lamette Slough It is lawful to take catch by or promulgated in accordance with ORS or fish for shad in the Willamette Slough 511710 to 511735 any illegal gear used in from the Gilbert Lake farm dock to the closed season shall be confiscated and in mouth of the Willamette Slough between addition to or in lieu of any of the penalties May 10 and June 10 with nets having prescribed by subsection 5 of ORS 511995 meshes not less than six nor more than any court having jurisdiction may revoke six and onehalf inches 7 29 511830 COMMERCIAL FISHING AND FISHERIES

511830 Number of trolling or angling less than 30 days nor more than 90 days outfits in one boat in Willamette River or both Slough and tributaries No person engaged 5 Violation of ORS 511165 is punish in fishing with hook and line commonly able upon conviction by a fine of not less called angling in the waters of the Wil than 500 nor more than 1000 or by im lamette River Willamette Slough or any of prisonment in the county jail for not less their tributaries shall have more trolling than 30 days nor more than six months or or angling outfits in use in any one boat both than there are occupants of the boat 511995 Penalties other river and bay 511835 to 511985 Reserved for expan areas 1 Violation of ORS 511205 to sion 511215 by any person firm or corporation including all officers servants agents or PENALTIES employes of any firm or corporation who take part in such violation and who either 511990 Penalties Columbia River area cause or assist in any way such corporation 1 Violation of any provision of ORS to so violate is punishable upon conviction 511105 or 511110 or aiding abetting or by a fine of not less than 100 nor more assisting in such violation is punishable than 1000 or by imprisonment in the upon conviction by a fine of not less than county jail for not less than 30 days nor 100 nor more than 1000 or by imprison more than six months or both The second ment in the county jail for not less than or subsequent conviction for violation of 30 days nor more than one year or both ORS 511205 to 511215 is punishable by All money arising from fines for violation of both such fine and such imprisonment All ORS 511105 and 511110 shall be paid to fines for violations of ORS 511205 to the State Treasurer for the benefit of the 511215 other than for violations dealing fish commission with commercial fishing for salmon shall 2 Violation of ORS 511135 is punish be paid to the State Game Commission to be able upon conviction by a fine of not less forwarded to the credit of the State Game than 100 nor more than 500 or by impris Fund Justice courts and circuit courts have onment in the county jail for not less than concurrent jurisdiction over all cases of vio 30 days nor more than 90 days or both lation of ORS 511205 to 511215 Each days violation of ORS 511135 con 2 Violation of any provision of ORS stitutes a separate offense 511510 or of any rule order or regulation 3 Violation of ORS 511145 is punish promulgated by the fish commission per able upon conviction by a fine of not less taining to net fishing in any of the waters than 100 nor more than 500 and the costs described in ORS 511510 is punishable of the prosecution or by imprisonment in upon conviction by a fine of not more than the county jail for not less than 30 days 500 or by imprisonment in the county jail nor more than six months or both In the for not more than six months or both Jus case of fine only the violator shall be im tice courts have concurrent jurisdiction with prisoned in the county jail until the fine circuit courts over all prosecutions under and costs of prosecution are paid and he this subsection shall be credited 2 on such fine and costs 3 Violation of subsection 3 of ORS for each day of imprisonment A person 511515 is punishable upon conviction by a who after having been convicted within fine of not more than 100 or by imprison this state of a violation of ORS 511145 or ment in the county jail for not more than of any attempt to so violate violates ORS three months 511145 is punishable upon conviction of 4 Violation of ORS 511610 is punish such second offense by a fine of not less able upon conviction by a fine of not more than 250 nor more than 500 or by im than 100 or by imprisonment in the county prisonment for not less than 60 days nor jail for not more than 30 days or both more than six months or both 5 Violation of ORS 511710 to 511735 4 Violation of ORS 511150 or 511155 or of any rule order or regulation author is punishable upon conviction by a fine of ized by or promulgated in accordance with not less than 100 nor more than 500 or ORS 511710 to 511735 is punishable upon by imprisonment in the county jail for not conviction by a fine of not less than 100 130 LOCAL AND SPECIAL REGULATIO 511995 nor more than 500 or by imprisonment in not less than 50 nor more than 100 or by the county jail for not less than 30 days imprisonment in the county jail for not less nor more than six months Justice courts than 30 days nor more than six months or and circuit courts have concurrent jurisdic both tion of any prosecution instituted under au 7 Violation of ORS 511815 is punish thority of ORS 511710 to 511740 and this able upon conviction by a fine of not less subsection than 50 nor more than 100 or by impris 6 Violation of ORS 511805 or 511810 onment in the county jail for not more than is punishable upon conviction by a fine of 25 days or both

CHAPTER 512 Reserved for expansion

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