ORS 509.140
Placing explosives or harmful substances in waters in course of lawful work

  • permit

(1)

Whenever in the course of removing any obstruction in any waters of this state, or in constructing any foundations for dams, bridges or other structures, or in carrying on any trade or business, any person, municipal corporation, political subdivision or governmental agency desires to use explosives or any substances deleterious to fish, such person, municipal corporation, political subdivision or governmental agency shall make application to the State Fish and Wildlife Commission for a permit to use the explosives or substances in such waters.

(2)

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

(a)

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

(b)

Prescribe such precautions as will save fish from injury.

(3)

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

Source: Section 509.140 — Placing explosives or harmful substances in waters in course of lawful work; permit, https://www.­oregonlegislature.­gov/bills_laws/ors/ors509.­html.

Notes of Decisions

It is within range of discretion given Fish and Wildlife Commission by this section to interpret “necessary” use of explosives or substances to mean reasonably necessary rather than indispensable. Oregon Shores v. Oregon Fish and Wildlife Comm., 62 Or App 481, 662 P2d 356 (1983), Sup Ct review denied

Law Review Citations

2 EL 93 (1971)

509.001
Definitions 509.006
General prohibition regarding taking, possessing, buying, selling or handling food fish 509.011
Prohibited activities during closed season 509.015
Forfeiture of boat, vessel or fishing gear unlawfully used 509.019
Consumption of catch at sea lawful without payment of fee 509.025
Selling or transporting food fish taken by angling 509.031
Rainbow trout as game fish 509.040
Small or immature salmon protected 509.070
Selling, canning, processing or preserving food fish out of water longer than 60 hours 509.075
Packing or selling food fish unfit for human consumption 509.105
Possession, importation or transportation of food fish unlawfully taken in other state 509.110
Fish transporters to require statement from shipper 509.112
Wasting food fish 509.115
Placing in waters fish harmful to food fish 509.120
Using electricity to disturb food fish 509.122
Definitions for ORS 509.125 to 509.155 509.125
Placing substances in water to drive fish from closed areas 509.130
Placing substances in water or using explosives to take or destroy food fish 509.140
Placing explosives or harmful substances in waters in course of lawful work 509.150
Use by commission of explosives or substances to destroy predatory fish 509.155
Possession of fish taken by explosives or harmful substance justifies arrest 509.160
Prohibition on possession, sale, trade or distribution of shark fins 509.230
Possession of fish taken by lawful gear from Pacific Ocean outside Oregon jurisdiction 509.235
Certain sturgeon lines prohibited 509.240
Snagging nets during closed season allowed 509.245
Notice to director of use of snagging net 509.355
Definitions for ORS 509.355 to 509.385 509.360
When ORS 509.355 to 509.385 operative 509.365
Taking salmon by net in waters of Pacific Ocean over which Oregon has jurisdiction prohibited 509.370
Taking of salmon by net in international waters of Pacific Ocean by Oregon citizen prohibited 509.375
Transporting or possessing salmon unlawfully taken by net in certain waters prohibited 509.385
Exceptions 509.415
Gear used in taking crab 509.505
Placing in water matter injurious to shellfish 509.510
Taking shellfish from marked beds without permission 509.515
Landing or possession of krill prohibited 509.580
Definitions for ORS 509.580 to 509.590, 509.600 to 509.645 and 509.910 509.585
Fish passage required for artificial obstructions 509.590
Fish Passage Task Force 509.592
Task force advice to department regarding project funding 509.595
Director to report on fish passage rules, adequacy and implementation 509.600
Destroying, injuring or taking fish near fishway 509.610
Maintenance of fish passage required 509.620
Condemning inadequate or nonfunctioning fish passage 509.625
Power of department to inspect artificial obstructions and have fish passage constructed or remove obstruction 509.630
Power of department to establish fish passage in natural stream obstructions 509.635
Oregon City fishway under control of commission 509.645
Filing protest with commission 509.910
Injunction to prevent certain violations
Green check means up to date. Up to date

Current through early 2024

§ 509.140’s source at oregon​.gov