PUBLISHED BY AUTHORITY 
 
 LAWS 
 
 PEETAING TO 
 
 1 
 
 ^— ••■' 
 
 STATE OF OREGON 
 
 Senate Concurrent Resolution No. 29 
 
 
 #3 
 
 Vet?/ 
 
 *<5J5-* 
 
 SALEM, OREGON: 
 
 J. R. WHITNEY, STATE PRINTER, 
 1905. 
 
1 . 
 
 Digitized by the Internet Archive 
 in 2011 with funding from 
 The Library of Congress 
 
 http://www.archive.org/details/lawspertainingtoOOoreg 
 
OREGON LAWS 
 
 PERTAINING TO 
 
 THE FISHING INDUSTRY 
 
 As Contained in Bellinger and Cotton's Annotated Codes and 
 Statutes op Oregon, Together with all Laws and Amendments 
 thereto, Including the Laws Enacted at the Twenty-third 
 Legislative Assembly, Taking Effect May, 18, 1905. 
 
 OF FISHERIES. 
 
 THE PROTECTION OF SALMON. 
 
 I 4059. Salmon Denned. 
 
 Wherever the word "salmon" is used in this act the same 
 shall be deemed and held to include chinook, steelheads, and 
 all other anadromous species of salmon and trout. [L. 1901, 
 p. 329, § 1.] 
 
 I 4060. Salmon Fishing by Act Following. 
 
 It shall be unlawful to take or fish for salmon in any rivers 
 or their tributaries in the State of Oregon, or any waters over 
 which the State of Oregon has concurrent jurisdiction, except 
 as hereinafter provided. [L. 1901, p. 329, § 2.] 
 
 \ 4061. Closed Season for Salmon on Columbia West of Des Chutes. 
 It shall hereafter be unlawful to take or fish for salmon 
 fish or sturgeon in the Columbia River or any of the waters or 
 sloughs thereof west of its confluence with the Des Chutes 
 River or within three miles outside of the mouth of said Co- 
 
4 Laws Pertaining to the Fishing Industry. 
 
 lumbia River, by any means whatever, between March 15, 
 noon, and April 15, noon, or between August 25, noon, and 
 September 10, noon, of any year. [L. 1905, p. 238, § 1.] 
 
 I 4062. Salmon Fishing, Except With Hook, on Columbia East of Des 
 Chutes Prohibited. 
 
 It shall be unlawful to take or fish for salmon at any time 
 by any means whatever, except with hook and line, commonly 
 called angling, or to take or fish for salmon in any manner 
 whatever during the spawning season on any spawning bed or 
 shallow, where salmon are wont to lie and deposit their spawn, 
 in the Columbia River or any of its tributaries east of its con- 
 fluence with the Des Chutes River. [L. 1901, p. 329, § 4.] 
 
 \ 4063. Willamette and Tributaries, Closed Season On. 
 
 It shall be unlawful to take or fish for salmon in the Wil- 
 lamette River audits tributaries, north of the falls at Oregon 
 City, by any means whatever, except with hook and line, 
 commonly called angling, from March 15, noon, to April 15, 
 noon, and from June 15, noon, to November 1, noon, in any 
 year ; or to take or fish for salmon by any means whatever after 
 the passage of this act, except with hook and line, commonly 
 called angling, in the Willamette River or any of its tributaries 
 south of the lower part of the falls at Oregon City. [L. 1905, 
 p. 238, § 2.] 
 
 I 4064. Rogue River and Tributaries, Closed Season On. 
 
 It shall hereafter be unlawful to take or fish for salmon in 
 Rogue River and its tributaries, or in Big Butte Creek and its 
 tributaries, above their confluence, except with rod and line, 
 commonly called angling ; or to take or fish for salmon in 
 Rogue River and its tributaries between the mouth of said 
 Big Butte Creek and the mouth of the Illinois River, and in 
 said Illinois River and its tributaries, by any means whatever, 
 except with rod and line, commonly called angling, from 
 March 15 to April 15, and from August 1 to December 
 31 in any year ; or to take or fish for salmon in Rogue River 
 and its tributaries by any means whatever, west of its conflu- 
 
Laws Pertaining to the Fishing Industry. 5 
 
 •ence with the Illinois River, from March 1 to April 1, and 
 from August 15 to September 1 in any year, or within three 
 miles outside of the mouth of said Rogue River from May 1 
 to August 1 in any year. [L. 1905, p. 239, § 3.] 
 
 •g 4065. Tillamook Bay and Tributaries, Closed Season On. 
 
 It shall be unlawful to take or fish for salmon in the tribu- 
 taries of Tillamook Bay, above tide water, at any time, by any 
 means whatever, except with hook and line, commonly called 
 angling, or in any of the waters of Tillamook Bay or its tribu- 
 taries, below the points hereinafter named, between March 20 
 and July 15 of each year, or between November 20 and De- 
 cember 10 of each year ; or in any of the following named 
 streams, being tributaries of Tillamook Bay, except with hook 
 and line, commonly called angling, from March 20 to Decem- 
 ber 10, above the points hereinafter named, namely : 
 
 Miami River — At the intersection of said stream by the 
 south line of section 11, in township 1 north of range 10 w T est 
 of Willamette meridian. 
 
 Kilchis River — At the intersection of said stream by the east 
 line of section 12, in township 1 south of range 10 west of the 
 Willamette meridian. 
 
 Wilson River — At the intersection of said stream by the 
 quarter section line running north and south through section 
 20, in township 1 south of range 9 west of Willamette me- 
 ridian . 
 
 Hoquarton Slough — At the intersection of said slough by the 
 west line of section 24, in township 1 south of range 10 west 
 of Willamette meridian. 
 
 Trash River — At the intersection of said river by the quarter 
 section line running east and west through section 26, in town- 
 ship 1 south of range 10 west of Willamette meridian. 
 
 Tillamook River — At the intersection of said stream by the 
 west line of section 7, in township 2 south of range 9 west of 
 Willamette meridian. [L. 1905, p. 239, § 4.] 
 
6 Laws Pertaining to the Fishing Industry. 
 
 I 4066. Alsea River, Bay, and Tributaries, Closed Season On. 
 
 It shall be unlawful to take or fish for salmon in the tribu- 
 taries of Alsea Bay, above tide water, at any time by any means 
 whatever, except by hook and line, commonly called angling; 
 or to take or fish for salmon in any of its bays or tributaries 
 below tide water from 6 p. m. Saturday to 6 p. m. the Sunday 
 following in any week of any year, or from the first day of 
 March until the twentieth day of August and from the twen- 
 tieth day of November until the twentieth day of December of 
 each year. [L. 1901, p. 331, § 8.] 
 
 The foregoing act was filed in the office vision is in conflict with the last pi-eceding 
 of the Secretary of State on February 28, section, and is superseded by it, the act to 
 1901. An act approved February 25, 1901, which such section belongs being the later 
 (L. p. 134,) amending an act passed in 1889, act. The act in question purports to amend 
 (L. p. 63,) provides that it shall be unlaw- section 1 of the act of 1899, of which latter 
 ful for any person or persons to take or act there were but two sections (the section 
 fish for salmon in the waters of the Alsea amended and a penal provision for its en- 
 River, bay, and tributaries from the first forcement.) The two succeeding sections 
 day of July until the twentieth day of An- are sections 2 and 3 of the act of February 
 gust or from the twentieth day of Novem- 25, 1901. 
 
 ber until the twentieth day of December of See § 4071 as amended by act of 1905. 
 each year. It will be seen that this pro- 
 
 § 4067. Fish Wheels, Traps, etc., in Alsea Bay, River, and Tribu- 
 taries Unlawful. 
 
 It shall be unlawful for any person, association, or corpora- 
 tion to build, construct, or operate any fish trap or fish wheel, 
 or any mechanical contrivance for the purpose of catching 
 salmon, in any of the waters of the Alsea Bay, river, or its 
 tributaries. [L. 1901, p. 134, § 2.] 
 
 Yaquina Bay — Mill Creek —Angling. 
 
 That hereafter it shall be unlawful to fish at any season of the 
 year, at any point above the mouth of Mill Creek, on Yaquina 
 Bay, or its tributaries, with any appliance whatever, except with 
 fishhook and line, or what is commonly called angling. [L. 1903, 
 p. 143, § 1.] 
 
 Alsea Bay — Gravel Bar —Angling. 
 
 That hereafter it shall be unlawful to fish at any season of 
 the year, at any point above what is known as Gravel Bar, one 
 half mile below Tidewater post office, on the Alsea Bay, or its 
 tributaries, except with fishhook and line, or what is commonly 
 called angling. [L. 1903, p. 143, § 2.] 
 
Laws Pertaining to the Fishing Industry. 7 
 
 Penalty for Violating. 
 
 Any person or persons violating any of the provisions of 
 this act shall be guilty of a misdemeanor, and upon conviction 
 thereof shall be fined in the sum of not less than $25 nor more 
 than $100. [L. 1903, p. 143, § 5.] 
 
 Duties of Officers. 
 
 It shall be the duty of every sheriff, constable, or peace officer 
 to inform upon and prosecute any person or persons found vio- 
 lating any of the provisions of this act. [L. 1903, p. 143, § 6.] 
 
 | 4068. Penalty for Violation of Foregoing Provision. 
 
 Any person, association, or corporation violating any of the 
 provisions of this act shall be guilty of a misdemeanor, and 
 upon conviction thereof shall be fined in a sum not less than 
 $50 nor more than $500. [L. 1901, p. 134, § 3.] 
 
 \ 4069. Umpqua River and Tributaries, Closed Season On. 
 
 It shall be unlawful to take or fish for salmon in the Ump- 
 qua River, or any of the bays or tributaries thereof, below the 
 points hereinafter named, from March 20 to May 15, and from 
 November 20 to December 10 of any year ; or to take or fish 
 for salmon by any means whatever, except with hook and 
 line, commonly called angling, and for propagating purposes, 
 above the points specified on each stream, namely: North 
 Fork, above the railroad bridge crossing said stream at the 
 town of Winchester ; South Fork, above the south boundary 
 line of the town of Roseburg. [L. 1905, p. 240, § 5.] 
 
 \ 4070. Coos Bay, Coquille River, and Tributaries, Closed Season On. 
 
 It shall be unlawful to take or fish for salmon in Coos Bay 
 or Coquille River, or their tributaries, or Lower Ten-Mile 
 Creek, at any time or by any means whatever, between 6 a.m. 
 on the twentieth day of March and 6 p. m. on the fifteenth day 
 of July, or between 6 a. m. on the twentieth day of November 
 and 6 p. m. on the tenth day of December of any year. It shall 
 be unlawful to take or fish for salmon at any time, except with 
 hook and line, commonly called angling, in the South Fork of 
 
8 Laws Pertaining to the Fishing Industry. 
 
 the Coquille River above the junction of the same at what is 
 known as " Hoffman's Bridge," or in the north or east forks 
 of said river above the junction of said north and east forks. 
 It shall be unlawful to take or fish for salmon at any time, ex- 
 cept with hook and line, commonly called angling, in the 
 north or south forks of Coos River, above the junction of the 
 two streams, excepting during the season commencing at 6 
 p. m. on the tenth day of December and ending at 6 a. m. on 
 the twentieth day of March, during which time salmon may be 
 caught, other than with hook and line, as far as the forks of 
 the North Fork, commonly known as "Allegany," and as far 
 as the island opposite the " Mark Cutlip " place in the South 
 Fork. [L. 1905, p. 241, § 6.] 
 
 §4071. Coast Streams, Closed Season On. 
 
 It shall be unlawful to take or fish for salmon in any of the 
 following named streams, or anv of their tributaries, above 
 tide water, at any time by any means whatever, except with 
 hook and line, commonly called angling, or any of their bays 
 or tributaries, below tide water, between 6 a. m. on the twen- 
 tieth day of March and 6p.m. on the fifteenth day of July, or 
 between 6 a.m. on the twentieth day of November and 6p.m. 
 on the tenth day of December of any year, namely: Windchuck 
 River, Chetco River, Pistol River, Elk River, Sixes River, 
 Upper Ten-Mile Creek, Alsea Bay and river, Beaver Creek, 
 Siletz River, Salmon River, Nestucca Bay and river, Elk 
 Creek, and Klamath River. It shall be unlawful to take or 
 fish for salmon in the Siuslaw River, or its tributaries, at any 
 time by any means whatever, except with hook and line, com- 
 monly called angling, above Mapleton on said river, or to 
 take or fish for salmon in any of its tributaries or bays below 
 Mapleton from 6 a. m. on the twentieth day of March to 6 p. m. 
 on the fifteenth day of July, or from 6 a. m. on the twentieth 
 day of November to 6 p. m. on the tenth day of December of 
 any year, except with hook and line commonly called angling. 
 It shall be unlawful to take or fish for salmon in the Yaquina 
 Bay, or its tributaries, at a,uj time by any means whatever, 
 
Laws Pertaining to the Fishing Industry. 9 
 
 except with hook and line, commonly called angling, at any 
 point above the mouth of Mill Creek, or to take or fish for 
 salmon in any of its bays or tributaries below the mouth of Mill 
 Creek from 6 a.m. on the twentieth day of March to 6 p. m. on 
 the fifteenth day of July, or from 6 a. m. on the twentieth day 
 of November to the tenth day of December many year. It shall 
 be unlawful to take or fish for salmon in the Nehalem River, 
 or its tributaries, at any time by any means whatever, except 
 with hook and line, commonly called angling, above a point on 
 said river three miles below its confluence with Foley Creek, 
 or to take or fish for salmon below said point, on said river, 
 from 6 a. m. on the twentieth day of March to 6 p. m. on the 
 fifteenth day of July, or from 6 a. m. on the twentieth clay of 
 November to 6 p.m. on the tenth day of December of any year, 
 except with hook and line, commonly called angling. [L. 1905, 
 p. 241, § 7.] 
 
 | 4072. Traps, Weirs, Fishing Dains, and Fish Wheels. 
 
 It shall be unlawful for any person or persons to construct, 
 maintain, or operate any trap, weir, fishing dam, or fish wheel 
 in any of the following named streams, or to operate any set 
 net or other fixed appliance which shall extend more than one 
 third across any of the waters thereof : Willamette River and 
 its tributaries, Rogue River and its tributaries, Umpqua River 
 and its tributaries, Tillamook Bay and its tributaries, Alsea 
 Bay and its tributaries, Windchuck River, Chetco River, Pistol 
 River, Elk River, Sixes River, Coquille River, Coos Bay, Lower 
 Ten-Mile Creek, Upper Ten-Mile Creek, Siuslaw River, Beaver 
 Creek, Yaquina Bay, Siletz River, Salmon River, Nestucca 
 Bay, Nehalem River, Elk Creek, Necanicum River, Klamath 
 River and tributaries ; provided, that the provisions of this sec- 
 tion shall not be construed to apply to that portion of the Ne- 
 canicum Creek, or river, below the lowermost bridge which is 
 now constructed on said creek or river, or their tributaries. 
 [L. 1901, p. 332, § 12.] 
 
 An act passed in 1899 (L. p. 72,) provided fish law of 1901, except as to the next suc- 
 s close season for the waters of Sixes, Elk, ceeding section (section 2 of the act re- 
 Pistol, Chetco, and Windchuck rivers and ferred to), which gives to riparian owners 
 their tributaries and bays, and for any the exclusive right of fishing with seines 
 other stream in Curry County, and for and nets on each "of said rivers," the rivers 
 Rogue River, the Illinois River, and their above mentioned, 
 tributaries. The act is superseded by the 
 
10 Laws Pertaining to the Fishing Industry. 
 
 \ 4073. Riparian Owners, Exclusive Rights of. 
 
 The owner or owners of tide lands, and riparian owners 
 above tide water, on each side of said rivers, as appurtenances 
 thereto, shall have the exclusive right and privilege of fishing 
 for salmon fish with seines and nets and hauling and landing 
 seines and nets on said lands, and no person or persons shall 
 anchor said nets, or put or place any obstruction or obstruc- 
 tions whatever in the water fronting said tide lands in any 
 place or places where said tide lands are used for hauling or 
 landing seines. [L. 1899, p. 72, § 2.] 
 
 Idem — Necanicum River — Exception. 
 
 It shall be unlawful hereafter for any person or persons to 
 construct, operate, or maintain or place, or permit to be placed, 
 constructed, operated, or maintained, in any of the waters of 
 the Necanicum River, or any tributary thereof, any fish trap, 
 pound net, or any fixed device howsoever constructed, except- 
 ing only a set net, to be constructed as hereinafter provided, 
 for the purpose of, or which is capable of, taking or catching 
 or impeding the run of fish of any kind up said stream. 
 [L. 1903, p. 159, § 1.] 
 
 Set Nets — Construction, Operation, etc. 
 
 It shall be unlawful for any person or persons to construct, 
 operate, maintain, or place, or suffer or permit to be operated, 
 maintained, or placed, in the waters of the Necanicum Creek, 
 or any of its tributaries, any set net, excepting when the same 
 shall be constructed, operated, maintained, and placed in the 
 manner following, that is to say : 
 
 1. The meshes in each set net must not be less than seven 
 and one fourth (7i) inches. 
 
 2. A clear passageway of at least one third, and, in any 
 event, sixteen feet in the center of the main channel shall be 
 at all times maintained unobstructed by any such net or any 
 contrivance placed thereon, or any wing placed thereon or 
 leading thereto. 
 
 3. There shall be at least a distance of five hundred feet be- 
 tween each net. [L. 1903, p. 159, § 2.] 
 
Laws Pertaining to the Fishing Industry. 11 
 
 Seine or Drag Net — Mesh. 
 
 It shall be unlawful hereafter for any person or persons to 
 operate, or cause to be operated or placed, in the waters of 
 the Necanicum Creek, or any tributary thereof, any seine or 
 drag net, or like contrivance, any mesh of which is less than 
 seven and one quarter (7i) inches. [L. 1903, p. 160, § 3.] 
 
 Idem — : Size of Mesh, How Determined. 
 
 For the purpose of determining the size of any mesh in any 
 seine or drag net or set net, or like contrivance, mentioned in 
 this act, the mesh shall be measured diagonally from opposite 
 corner to opposite corner, stretched taut. [L. 1903, p. 160, § 4.] 
 
 Penalty for Violation. 
 
 Any person violating any of the provisions of this act shall 
 be deemed guilty of a misdemeanor, and upon conviction shall 
 be punished by fine not less than $50 nor more than $250, or 
 by imprisonment in the county jail not exceeding one hundred 
 and twenty-five days, or both fine and imprisonment. [L. 1903, 
 p. 160, § 5.] 
 
 Jurisdiction — Justice Courts. 
 
 Justices of the peace shall have concurrent jurisdiction with 
 the circuit court of any violation of the provisions of this act. 
 [L. 1903, p. 160, § 6.] 
 
 I 4074. Young Salmon in Tide Waters Protected. 
 
 It shall be unlawful to take or fish for the young of salmon, 
 under twelve inches in length, in any waters of the State of 
 Oregon, or in the waters of any of the rivers or bays over which 
 the State of Oregon has concurrent jurisdiction, at anytime or 
 in any manner whatever ; or to take, fish for, stone, club, shoot,. 
 with any description of firearm, spear, foul hook, or molest, 
 wound, kill, or injure, in any manner at any time whatever, or 
 to expose for sale or have in possession, except for the purpose 
 of propagation, any gravid or spawning salmon. [L. 1903, 
 p. 233, § 6.] 
 
12 Laws Pertaining to the Fishing Industry. 
 
 2 4075. Gaffs, Spears, and Foul Hooks, Prohibited — Rogue River 
 Waters Excepted. 
 
 It shall be unlawful at any time whatever to take, fish for, 
 or pursue salmon in any of the rivers and their tributaries in 
 the State of Oregon, or in any waters over which the State of 
 Oregon has concurrent jurisdiction, with spear, gaff, or foul 
 hook, or other device, whether used with rod and line or other- 
 wise, for the purpose of foul-hooking salmon ; provided, that 
 nothing in this act shall be construed to affect operations and 
 rights of the North American Indians who have not severed 
 their tribal relations. [L. 1903, p. 233, § 8.] 
 
 $ 4076. Penalties for Violating Fish Act — Burden of Proof— Disposi- 
 tion of Contraband Fish. 
 
 Any person or persons, firm or corporation, found fishing or 
 taking, catching, or transporting salmon fish or sturgeon in or 
 upon any of the waters of this State, or in or upon any of the 
 waters over which this State has concurrent jurisdiction, or 
 found making use of any boat or boats, vessel or vessels, or any 
 fish trap, weir, pound net, gill net, set net, fish wheel, seine, or 
 any other device intended for or which is capable of being 
 used to catch or transport salmon fish or sturgeon, in or upon 
 any of the waters of this State, or in or upon any of the waters 
 over which this State has concurrent jurisdiction ; or who shall 
 have in or upon any of the waters of this State, or in or upon 
 any of the waters over which this State has concurrent juris- 
 diction, or who shall leave or cause to be left in a condition to 
 take or catch salmon fish or sturgeon, in or upon any of the 
 waters of this State, or in or upon any of the waters over which 
 this State has concurrent jurisdiction, any fish trap, weir, pound 
 net, gill net, set net, fish wheel, seine, or any other device in- 
 tended for or which is capable of being used to catch salmon 
 fish or sturgeon, during any existing closed season or any closed 
 season that may hereafter be enacted; or who may purchase 
 salmon fish or sturgeon, or have in its or their possession salmon 
 fish or sturgeon unlawfully caught during any existing closed 
 season, or any closed season that may hereafter be enacted, 
 shall be deemed guilty of a misdemeanor, and upon conviction 
 
Laws Pertaining to the Fishing Industry. 13 
 
 thereof shall be fined in a sum not less than $50 nor more than 
 $500, and costs, for each and every offense, and in addition 
 thereto shall forfeit the boat or boats, vessel or vessels, fish trap 
 or fish traps, weir or weirs, pound net or pound nets, gill net 
 or gill nets, set net or set nets, fish wheel or fish wheels, seine 
 or seines, or any other device or devices so unlawfully used, 
 and the salmon fish or sturgeon found in his or their or its 
 possession. All salmon fish or sturgeon so unlawfully caught 
 or taken and all property forfeited under the provisions of this 
 section shall be immediately taken possession of by the fish 
 warden, deputy warden, or water bailiff, and shall be confiscated 
 by said warden, deputy warden, or water bailiff and immedi- 
 ately thereafter turned over to the master fish warden who may 
 dispose thereof at his discretion. The money arising from the 
 sale of salmon fish or sturgeon and all property forfeited under 
 the provisions of this section shall be deposited with the State 
 Treasurer to be placed in the " Hatchery Fund" for the district 
 in which such seizure and confiscation was made. In all pros- 
 ecutions under this section the possession by any person of 
 salmon fish or sturgeon during any close season, or any close 
 season that may hereafter be enacted for the protection of 
 salmon fish or sturgeon, shall be construed as prima facie evi- 
 dence that the same were unlawfully caught during said closed 
 season, and it shall be no defense that the fish were caught or 
 taken outside or within the State. [L. 1905, p. 426, § 1.] 
 
 I 4077. Placing Deleterious Matter or Explosives in Waters of State 
 Unlawful. 
 
 It shall be unlawful for any person or persons to throw or 
 cast or pass, or cause or permit to be thrown or cast or passed, 
 in any waters of the State in which salmon fish of any kind or 
 other food fishes are wont to be, any lime, drug, powder, med- 
 icated bait, gas, or cocculus indicus, or any other substance del- 
 eterious to fish, or to explode or cause to be exploded in any 
 waters of this State any powder, hercules powder, giant pow- 
 der, dynamite, nitroglycerine, or any explosive substance what- 
 ever, for the purpose of catching, killing, or destroying any 
 salmon or any food fish. [L. 1901, p. 336, § 22.] 
 
14 Laws Pertaining to the Fishing Industry. 
 
 BOARD OF FISH COMMISSIONERS. 
 
 I 4078. Authorized to Appoint Fish Warden, Deputy and Special 
 Deputy — Duties and Compensation of Wardens. 
 
 The Governor, Secretary of State, and -State Treasurer are 
 hereby created a Board of Fish Commissioners. It shall be 
 the duty of such fish commissioners to appoint one Master Fish 
 Warden, and also one deputy, who shall be known as Deputy 
 Fish Warden, who shall have the same power and authority for 
 enforcement of the law as the Master -Ei-sh Warden. They 
 shall hold their offices at the pleasure of the Board of Fish 
 Commissioners, who may summarily remove them whenever 
 in their judgment they shall deem such^i change for any cause 
 advisable. Before entering upon the d-uties of his office, the 
 said Master Fish Warden shall file with the Secretary of State 
 a bond, to be approved by the board, in the sum of $25,000, 
 with two or more sureties, conditioned for the faithful perform- 
 ance of his duties as prescribed in this act. His compensation 
 shall be $2,500 per year, to be paid quarterly from the general 
 fund, and he shall be allowed for hire of patrol boats and his 
 actual traveling expenses, office, and other necessary expenses 
 in the performance of his duties, the sum of $1,700 per year, 
 to be paid from the said fund. The Deputy Fish Warden shall, 
 before entering upon his duties, execute a bond with one or 
 more sureties, to be approved by the board, in the sum of 
 $1,000 to the State of Oregon, comM-tkmed for- the faithful per- 
 formance of his duties. The Deputy Fish Warden shall devote 
 his entire time and attention to the fish industry of the State, 
 under the direction of the board and-strpervision of the Master 
 Fish Warden, and shall receive a salary of $1,000 per year, 
 payable quarterly from said fund, and he shall be allowed for 
 his actual traveling expenses while in the performance of his 
 duties, the sum of $500 per annum. The Board of Fish Com- 
 missioners is hereby authorized to appoint a special deputy for 
 any stream in the State, who shall be known as "Water Bailiff," 
 and who shall reside in the vicinity of said stream for which 
 he is appointed. Such water bailiff shall have the power to 
 enforce the fish laws in any part of the State, under the direc- 
 
Laws Pertaining to the Fishing Industry. 15 
 
 tion of the master or deputy wardens. The special deputy 
 shall receive the sum of $3.00 per day while in the actual per- 
 formance of his duties, and shall receive for his actual travel- 
 ing expenses, upon vouchers for the same, not to exceed $2.00 
 per day, while in the performance of his duties, the same to 
 be paid out of the "hatchery fund." [L. 1901. p. 334, § 16.] 
 
 PISH HATCHERIES. 
 
 | 4079. Commissioners to Locate and Wardens to Construct Hatch- 
 eries. 
 
 It shall be the duty of such fish commissioners to select 
 and locate, or direct the selection and location of, suitable sites 
 for the construction of fish hatcheries, and direct the fish 
 wardens to construct thereat such hatcheries as in the judg- 
 ment of the board will be to the best interests of the fishing 
 industry. Said commissioners shall have the right to pay out 
 all moneys in the hatchery fund provided by law for the con- 
 struction and operation of fish hatcheries ; also to audit all 
 bills of the fish wardens before the same are paid, and to gen- 
 erally exercise a supervisory control over the fish wardens and 
 all fish hatcheries of the State. [L. 1901, p. 335, § 17.] 
 
 I 4080. "Hatchery Fund," Money and Fines Collected to Constitute — 
 Districts. 
 
 For the purposes of this act the State of Oregon is hereby 
 divided into fishing districts as follows : District No. 1 shall 
 include that portion of the Columbia River and its tributaries 
 over which the State of Oregon has jurisdiction. District No. 2 
 shall include all the coast streams and their tributaries in the 
 State of Oregon south of the Columbia River. The fish warden 
 shall collect and receive all license fees, fines or parts of fines, 
 or proceeds arising from the sale of confiscated fish or fishing 
 appliances, under the provisions of this act, and shall pay the 
 same to the State Treasurer within thirty days after collection 
 or receipt thereof, to be placed in the hatchery fund, said fund 
 to be used for hatchery purposes under direction of the Board 
 of Fish Commissioners. All sums of money collected in any 
 district shall be bv the State Treasurer credited to the "hatch- 
 
16 Laws Pertaining to the Fishing Industry. 
 
 ery fund " of such district, and in paying over moneys collected, 
 the fish wardens shall designate the district in which all 
 moneys were collected ; he shall take a receipt, in duplicate, 
 from the State Treasurer, one he shall file in his own office and 
 the other in the office of the Secretary of State. The money 
 collected in any district shall not be expended, except in the 
 district in which it was collected. All moneys now in the 
 " hatchery fund," after all outstanding accounts against said 
 fund have been paid, shall be apportioned and transferred as 
 follows : Two thirds to the hatchery fund of District No. 1 ; 
 one third to the hatchery fund of District No. 2; and the Sec- 
 retary of State shall issue his warrants on the State Treasurer, 
 making such transfer from the "hatchery fund." Upon the 
 payment of any judgment that may have been obtained against 
 any person or persons for the violation of any of the provisions 
 of this act, the same shall be satisfied by the district attorney, 
 upon the presentation of the receipt of the Master Fish Warden. 
 [L. 1903, p. 234, § 10.] 
 
 #4081. Private Salmon Hatchery, Payment to Out of License Money. 
 When there shall be in operation on any river of this State, 
 for the purpose of stocking said river or its tributaries with 
 salmon, owned by any person or persons or corporation, the 
 Board of Fish Commissioners, upon proper evidence that said 
 salmon hatchery shall have been operated in any year in such 
 a manner as to produce a benefit to such stream equal to that 
 derived from the same amount of money expended at hatch- 
 eries maintained and operated by the Board of Fish Commis- 
 sioners, the said Board of Fish Commissioners shall pay over 
 to such person or persons or corporation not to exceed sixty 
 per cent of the moneys received by such board for licenses 
 from such persons engaged in fishing or packing fish on such 
 river or its tributaries; the same to be used by such person or 
 persons, firm, or corporation in propagating salmon in such 
 river or its tributaries. [L. 1901, p. 335, § 19.] 
 
Laws Pertaining to the Fishing Industry. 17 
 
 \ 4082. Construction and Operation of Hatcheries in Adjoining States. 
 The State Board of Fish Commissioners is hereby authorized 
 to construct, maintain, or operate salmon hatcheries in an ad- 
 joining State, and to expend a portion of the money in the 
 " hatchery fund " for that purpose; provided, that no hatchery 
 shall be constructed or operated on any stream in an adjoin- 
 ing State that is not a tributary of the Columbia River, or 
 whose waters do not flow into said Columbia River. [L. 1901, 
 p. 336, § 20.] 
 
 g 4083. Racks or Other Obstructions for Hatchery Purposes. 
 
 The Fish Commissioner and the Fish Commission of the 
 United States Government, or any individual operating hatch- 
 eries in this State, are hereby authorized to erect racks, traps, 
 or other obstructions across any of the streams in this State 
 for the purpose of obtaining salmon for propagating purposes, 
 and it shall be unlawful for any person or persons to injure or 
 destroy and such racks, traps, or obstructions by any means 
 whatever, or take, kill, destroy, or molest any salmon within 
 two miles below any such rack, trap, or obstruction across any 
 stream in this State. [L. 1901, p. 336, § 21.] 
 
 Hatcheries on Columbia River and Tributaries — Establishment and 
 Maintenance. 
 
 That there be and hereby is appropriated from any money 
 in the State treasury, not otherwise appropriated, the sum of 
 $15,000, or so much thereof as may be necessary, for the pur- 
 pose of establishing, erecting, constructing, and equipping 
 suitable hatcheries for the propagation of salmon fish on the 
 Columbia River and its tributaries in the State of Oregon, 
 one of which hatcheries shall be constructed and maintained 
 on the Wallowa River at some suitable place designated by 
 the Board of Fish Commissioners, and there is also hereby ap- 
 propriated out of any money in the State treasury, not other- 
 wise appropriated, the sum of $10,000 for the operation and 
 maintenance of salmon fish hatcheries on the Coast streams of 
 the State of Oregon, south of the Columbia River. [L. 1905, 
 p. 99, § 1.] 
 
 Fisheries 2 
 
IS Laws Pertaining to the Fishing Industry. 
 
 Expense Claims— To be Approved and Audited. 
 
 No part of said sum hereby appropriated shall be used or 
 expended for any purpose whatever, otherwise than as speci- 
 fied in section 1 of this act, at such places as shall be selected 
 by the Board of Fish Commissioners ; all vouchers covering 
 expenses incurred in carrying out the provisions of this act, 
 shall be approved by the Board of Fish Commissioners, pre- 
 sented to the Secretary of State for payment, and by him 
 audited as other claims against the State. [L. 1905 p 99 
 §2.] 
 
 POSSESSION OF FISH DURING CLOSE SEASON PROHIBITED. 
 
 | 4084. Possession of Fish Caught During Closed Season Unlawful — 
 Presumption From Possession. 
 
 It shall be unlawful for any person or persons to receive, or 
 have in his or their possession, or sell or offer for sale or trans- 
 portation, or transport, during the closed season named in this 
 act, any chinook, steelhead, blueback, silverside, or other species 
 of salmon, caught or taken during any of the close seasons 
 named in this act ; and in all prosecutions under this section 
 the possession by any person during the close season named 
 in this act of any chinook, steelhead, blueback, silverside, or 
 other species of salmon, shall be construed as prima facie evi- 
 dence that the same were unlawfully caught during the close 
 season. [L. 1901, p. 336, § 23.] 
 
 Under the former law it was held that it the State, becoming a part of its general 
 was not a violation of the law to have in propertv, as to those caught within its lim- 
 one's possession during the closed season its: State v. Sehuman, 36 Or 10 58 Pac 
 
 lot in- 
 interstate 
 4/ ?- , , ,.,... , commerce: In re Deininger, 108 Fed. 623. 
 
 Under a law prohibiting the possession of The wording of this section however 
 trout in closed season however, this case seems to allow the possession of trout 
 is distinguished and it is held that the law caught in another State or in an open 
 was as much in force against trout lawfully season, 
 caught in another State and shipped into 
 
 OBSTRUCTION OF STREAMS PROHIBITED. 
 
 'i 4085. Obstruction in Fish Stream Prohibited — Taking Fish Within 
 Six Hundred Feet of Fish Way Unlawful. 
 
 It shall be unlawful for any person to construct any milldam 
 or artificial obstruction across any stream in this State fre- 
 quented by salmon or trout, or to maintain any such milldam 
 
Laws Pertaining to the Fishing Industry. 19 
 
 or obstruction heretofore erected without providing a passage- 
 way for such fish over such obstruction, such passageway for 
 fish to be constructed as near the main channel as may be 
 practicable. It shall be the duty of the fish warden to examine, 
 from time to time, all milldams and artificial obstructions to 
 all rivers and streams in the State frequented by salmon or 
 other migratory fish, and if in his opinion there is not a free 
 passage for fish over any milldam or artificial obstruction, to 
 notify the owner or occupant thereof to provide the same 
 within a reasonable time with a durable and efficient fish way, 
 of such form and capacity and in such location as shall be de- 
 termined by the fish warden. If such fish way is not com- 
 pleted to the satisfaction of said fish warden within the time 
 specified, the owners or occupants of such milldam or artificial 
 obstruction shall be deemed guilty of a misdemeanor, and on 
 conviction shall be punished as in this act hereinafter pro- 
 vided. It shall be incumbent upon the owners and operators 
 of all milldams or artificial obstructions, where the fish warden 
 requires such fish way to be provided, to keep the same in re- 
 pair and open and free from obstructions to the passage of fish 
 at all times, and any owner or operator of any dam or artificial 
 obstruction who neglects or refuses to keep such fish way in 
 repair and open and free from obstruction to the passage of 
 fish shall be guilty of a misdemeanor, and upon conviction 
 shall be punished as in this act hereinafter provided ; and the 
 continuance from day to day of the neglect or refusal after 
 notification in writing by the fish warden, shall constitute a 
 separate offense ; and it shall be unlawful for any person to 
 wilfully or knowingly destroy, injure, or abstract from such 
 fish way, or to take or catch any salmon or other migratory 
 fish within six hundred feet of any fish way. [L. 1901, p. 337, 
 § 24.] 
 
 Unlawful to Frighten or Drive Salmon. 
 
 It shall be unlawful for any person to place in any stream of 
 this State where salmon run or exist, within the distance from 
 any dam, fish way or object in which the taking of salmon is 
 prohibited by law, any blood or offal of salmon or fish, or any 
 
20 Laws Pertaining to the Fishing Industry. 
 
 other substance or matter or contrivance that will frighten or 
 drive salmon or with intent to drive or frighten from or out 
 of that part of the waters of any stream in which it is unlawful 
 to fish for or take the same. [L. 1905, p. 94, § 1.] 
 
 Penalty for Violating Preceding Section. 
 
 Any person violating the provisions of this act shall be pun- 
 ished by a fine of not less than $50 or not more than $1,000, 
 or by imprisonment in the county jail not to exceed six months. 
 [L. 1905, p. 94, § 2.] 
 
 I 4086. Sawdust, etc., Placing in Columbia River by Proprietor of Mill 
 Unlawful. 
 
 It shall be unlawful for any proprietor or operator of any 
 sawmill or other lumber manufacturing concern, or of any 
 pulp mill, wood saw, or other wood-sawing or manufacturing 
 concern in this State, or any employe thereof, or any other 
 person, to cast sawdust, planer shavings, or other lumber 
 waste, or surfer or permit such sawdust, shavings, or other 
 lumber waste to be thrown or discharged in any manner into 
 any waters flowing into the Pacific Ocean within this State, 
 or other waters of this State, or the Columbia River, or to 
 deposit the same where high waters will take the same into 
 any such waters or the Columbia River. Any person or per- 
 sons, firm, or corporation, violating any of the provisions of 
 this section shall be deemed guilty of a misdemeanor, and upon 
 conviction thereof shall be fined in a sum not less than $50 
 nor more than $500, and costs for each and every offense. 
 [L. 1905, p. 428, § 2.] 
 
 The question whether or not casting saw- a law prohibiting such act, the courts are 
 
 dust into rivers is injurious to fish is a precluded from examining that question : 
 
 question for the legislature and not for the State v. Shaw, 22 Or. 290, 29 Pac. 1028. 
 courts, and when the legislature has passed 
 
 §4087. Fish Wheel, Must Not be Concealed — How Placed. 
 
 It shall be unlawful for any person to place or cause to be 
 placed in any of the rivers or waters of this State, or in any 
 river or water over or upon which this State has concurrent 
 jurisdiction, any fish wheel in a condition to take salmon, or 
 in a position less than three feet above the surface of any such 
 
Laws Pertaining to the Fishing Industry. 21 
 
 river or water, or covered or concealed in such manner that 
 the position of the same can not be clearly discerned from the 
 nearest river bank, during any part of the close season speci- 
 fied in this act. [L. 1901, p. 338, § 26.] 
 
 DEALERS TO REPORT TO WARDEN. 
 
 'i 4088. Dealers Must Report Fish. Purchased. 
 
 It shall be the duty of all persons, firms, or corporations who 
 purchase from fishermen or takers or catchers of fish, or who 
 catch their own fish for the purpose of canning, packing, pre- 
 serving, or selling them for profit or otherwise, or who pack, 
 preserve, retail, or otherwise deal in fish, to report to the fish 
 warden on or before the fifteenth day of November of each 
 year the number of every species of fish, including clams, crabs, 
 crawfish, oysters, etc., stated separately, so purchased or taken 
 by them during the year ending on said fifteenth day of No- 
 vember, and if purchased by weight, the number of pounds of 
 each species so purchased or taken ; and said report shall be 
 accompanied by affidavit as to the correctness of the same. 
 Any person, firm, or corporation who fails, neglects, or refuses 
 to comply with the provisions of this section shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof shall be 
 fined in a sum not less than $50 nor more than $500 and 
 •costs, for each and every offense. [L. 1905, p. 428, § 3.] 
 
 LICENSE FOR FISHING AND BUSINESS REGULATED. 
 
 ■\ 4089. License, Fishing Without, Otherwise Than by Angling Pro- 
 hibited. 
 
 It shall be unlawful for any person or persons to take or fish 
 
 for salmon fish or sturgeon in any of the waters of this State, 
 
 or in any of the waters upon which this State has concurrent 
 
 jurisdiction, by any means whatever, except with hook and 
 
 line, commonly called angling, without first having obtained a 
 
 license therefor, as in this act hereinafter provided. [L. 1901, 
 
 p. 338, § 28.] 
 
22 Laws Pertaining to the Fishing Industry. 
 
 I 4090. Traps, Nets, Fish Wheels, etc., Unlawful to Fish With With- 
 out License. 
 
 It shall be unlawful for any person or persons to operate or 
 maintain, or leave in a condition to take fish, in any of the 
 waters of this State at any time hereafter, any fish traps, weir, 
 pound net, set net, gill net, fish wheel, seine, or any device or 
 apparatus or gear used in catching salmon fish or sturgeon, 
 without first having obtained from the fish warden a license 
 therefor as hereinafter provided. [L. 1901, p. 338, § 29.] 
 
 $4091. Packing or Dealing in Salmon or Sturgeon Without License 
 Unlawful. 
 
 It shall be unlawful for any person or persons, firm, or cor- 
 poration to engage in the business of packing or dealing in 
 salmon fish or sturgeon within the State of Oregon without 
 first having obtained a license therefor from the fish warden 
 as hereinafter provided. All licenses issued under the provi- 
 sions of this act shall expire on the thirty-first day of Decem- 
 ber following the issuance of such license. [L. 1901 , p. 338, § 30.] 
 
 By the amendment to § 4093, (L. 1905, p. 116), all licenses expire March 81 folio wine 
 the issuance of same. 
 
 I 4092. Citizens or Persons Having Declared Intentions, Fishing Re- 
 stricted to — License From Washington State Sufficient 
 Where. 
 
 It shall be unlawful for any person to take or fish for salmon 
 fish or sturgeon in any waters of this State unless such person 
 be a citizen of the United States, or has declared his intention 
 to become such, and has been a bona fide resident of the State 
 of Oregon, or the States of Washington or Idaho, for the pe- 
 riod of six months ; provided, that a license issued by the State 
 of Washington, such State having concurrent jurisdiction on 
 the Columbia River with this State, shall be deemed valid as 
 togill nets, and as to gill net fishermen for use on the Colum- 
 bia River, as though issued by the fish warden of this State. 
 [L. 1903, p. 218, § 1.] 
 
 \ 4093. License, Procedure to Obtain — Amount of License Fees. 
 
 Any person who is a citizen of the United States, or who 
 has declared his intention to become such, and is a resident 
 
Laws Pertaining to the Fishing Industry. 23 
 
 of the State of Oregon, or the States of Washington or Idaho, 
 desiring to engage in the business of operating a fish trap, 
 wier, pound net, set net, gill net, fish wheel, or seine, or 
 other fishing appliance not prohibited by law, for the pur- 
 pose of catching fish in any of the waters of this State, or 
 over which the State of Oregon has concurrent jurisdiction, 
 shall make application in writing to the fish warden of said 
 State, specifying with convenient certainty the character of 
 the appliance that the applicant desires to obtain license for, 
 and the location, if for a stationary appliance, and upon pay- 
 ment of a license fee as hereinafter provided, said fish 
 warden shall issue to such applicant a license to operate the 
 character of appliance desired in said application ; provided, 
 that such license shall be good only in the district for which 
 the same is issued. The following license fees for fishing, 
 appliances shall be paid by those owning or operating the 
 same : For each drag seine, not exceeding 500 feet in length, 
 $15 ; for each additional foot in length the further sum of 
 three cents ; for each gill net, $5.00 ; for each set net, $2.50 ; 
 for each pound net, trap, or weir, $25 ; for each scow fish 
 wheel, $25 ; for each stationary fish wheel, $35. All licenses 
 issued under the provisions of this section shall expire on 
 the thirty-first day of March following the issuance of such 
 license. [L. 1905, p. 116, § 1.] 
 
 I 4094. Canneries Classified — License Fees to be Paid. 
 
 Any person, firm, or corporation engaged in the business 
 of canning fresh salmon in hermetically sealed tins or cans 
 in this State shall pay license fees as follows : Those of the 
 first class, $100 ; second class, $150 ; third class, $200 ; fourth 
 class, $250 ; fifth class, $300 ; sixth class, $350 ; seventh class, 
 $400 ; eighth class, $450 ; ninth class, $500 ; tenth class, $550 ; 
 eleventh class, $600 ; twelfth class, $650 ; thirteenth class, 
 $700 ; fourteenth class, $750 ; fifteenth class, $800 ; sixteenth 
 class, $850; seventeenth class, $900 ; eighteenth class, $950 ; 
 ninteenth class, $1,000; twentieth class, $1,050 ; twenty-first 
 class, $1,100 ; twenty-second class, $1,150 ; twenty-third class, 
 
24 Laws Pertaining to the Fishing Industry. 
 
 $1,200 ; twenty-fourth class, $1,300 ; twenty-fifth class, $1,500. 
 Canners of the first class are those whose pack of salmon 
 fish for the year next preceding the year that the license 
 is applied for does not exceed 5,000 cases of salmon, forty- 
 eight pounds to the case. Those of the second class are can- 
 ners whose pack for the year next preceding the year the 
 license is applied for exceeded 5,000 cases, but did not exceed 
 7,500 cases of salmon, forty-eight pounds to the case. Those 
 of the third class are canners whose pack for the year next 
 preceding the year the license is applied for exceeded 7,500 
 cases, but did not exceed 10,000 cases, forty-eight pounds to the 
 case. Those of the fourth class are canners whose pack for 
 the year next preceding the year the license is applied for ex- 
 ceeded 10,000 cases, but did not exceed 12,500 cases of salmon, 
 forty-eight pounds to the case. Those of the fifth class are 
 canners whose pack for the year next preceding the year the 
 license is applied for exceeded 12,500 cases, but did not exceed 
 15,000 cases of salmon, forty-eight pounds to the case. Those 
 of the sixth class are canners whose pack for the year next 
 preceding the year the license is applied for exceeded 15,000 
 cases, but did not exceed 17,500 cases of salmon, forty-eight 
 pounds to the case. Those of the seventh class are canners 
 whose pack for the year preceding the year the license is ap- 
 plied for exceeded 17,500 cases, but did not exceed 20,000 
 cases of salmon, forty-eight pounds to the case. Those of the 
 eighth class are canners whose pack for the year next preced- 
 ing the year the license is applied for exceeded 20,000 cases, 
 but did not exceed 22,500 cases of salmon, forty-eight pounds 
 to the case. Those of the ninth class are canners whose pack 
 for the year next preceding the year the license is applied for 
 exceeded 22,500 cases, but did not exceed 25,000 cases of 
 salmon, forty-eight pounds to the case. Those of the tenth 
 class are canners whose pack for the year next preceding the 
 j^ear the license is applied for exceeded 25,000 cases, but did 
 not exceed 27,500 cases of salmon, forty-eight pounds to the 
 case. Those of the eleventh class are canners whose pack for 
 the year next preceding the year the license is applied for ex- 
 
Laws Pertaining to the Fishing Industry. 25 
 
 ceeded 27,500 cases, but did not exceed 30,000 cases of salmon, 
 forty-eight pounds to the case. Those of the twelfth class are 
 canners whose pack for the year next preceding the year the 
 license is applied for exceeded 30,000 cases, but did not ex- 
 ceed 32,500 cases of salmon, forty-eight pounds to the case. 
 Those of the thirteenth class are canners wdiose pack for the 
 year next preceding the year the license is applied for ex- 
 ceeded 32,500 cases, but did not exceed 35,000 cases of salmon, 
 forty-eight pounds to the case. Those of the fourteenth class 
 are canners whose pack for the year next preceding the year 
 the license is applied for exceeded 35,000 cases, but did not 
 exceed 37,500 cases of salmon, forty-eight pounds to the case. 
 Those of the fifteenth class are canners whose pack for the 
 year next preceding the year the license is applied for exceeded 
 37,500 cases, but did not exceed 40,000 cases of salmon, forty- 
 eight pounds to the case. Those of the sixteenth class are 
 canners whose pack for the year next preceding the year the 
 license is applied for exceeded 40,000 cases, but did not ex- 
 ceed 42,500 cases of salmon, forty-eight pounds to the case. 
 Those of the seventeenth class are canners whose pack for the 
 year next preceding the year the license is applied for exceeded 
 42,500 cases, but did not exceed 45,000 cases of salmon, forty- 
 eight pounds to the case. Those of the eighteenth class are 
 canners whose pack for the year next preceding the year the 
 license is applied for exceeded 45,000 cases, but did not ex- 
 ceed 47,500 cases of salmon, forty-eight pounds to the case. 
 Those of the nineteenth class are canners whose pack for the 
 year next preceding the year the license is applied for exceeded 
 47,500 cases, but did not exceed 50,000 cases of salmon, forty- 
 eight pounds to the case. Those of the twentieth class are 
 canners whose pack for the year next preceding the year the 
 license is applied for exceeded 50,000 cases, but did not ex- 
 ceed 52,500 cases of salmon, forty-eight pounds to the case. 
 Those of the twenty-first class are canners whose pack for the 
 year next preceding the year the license is applied for exceeded 
 52,500 cases, but did not exceed 55,000 cases of salmon, forty- 
 eight pounds to the case. Those of the twenty-second class 
 
26 Laws Pertaining to the Fishing Industry. 
 
 are canners whose pack for the year next preceding the year 
 the license is applied for exceeded 55,000 cases, but did not ex- 
 ceed 57,500 cases of salmon, forty-eight pounds to the case. 
 Those of the twenty-third class are canners whose pack for the 
 year next preceding the year the license is applied for exceeded 
 57,500 cases, but did not exceed 60,000 cases of salmon, forty- 
 eight pounds to the case. Those of the twenty-fourth class 
 are canners whose pack for the year next preceding the year 
 the license is applied for exceeded 60,000 cases, but did not 
 exceed 65,000 cases of salmon, forty-eight pounds to the case. 
 Those of the twenty-fifth class are canners whose pack for the 
 year next preceding the year the license is applied for exceeded 
 65,000 cases, forty-eight pounds to the case. When more than 
 one cannery or plant is operated by the same person, firm, or 
 corporation, each shall be licensed separately and according 
 to its class. Any person, firm, or corporation desiring to en- 
 gage in the business of canning salmon in this State shall 
 make an application in writing to the Master Fish Warden 
 for a license therefor, which application shall describe the 
 location of the salmon cannery, as near as practicable, and 
 shall be accompanied by the affidavit of the applicant, stating 
 the number of cases of salmon that were packed in such can- 
 nery the year next preceding the year the license is to be 
 issued, and shall deposit with said application the license 
 fee, according to the class in which said cannery should 
 be listed. No license shall be issued until such affidavit is 
 made and filed and such license fee paid ; provided, that if 
 any person, firm, or corporation desires to obtain a license 
 for a cannery which had not been operated the year preceding 
 such application, such cannery shall, upon application, be 
 classed by the Board of Fish Commissioners, and the license 
 fee to be paid shall be three times the regular fee according 
 to that class ; excepting in a case where a cannery remained 
 idle only one season, then in that case the license fee to be 
 paid shall be double the regular fee. All licenses issued under 
 the provisions of this section shall be good only in the district 
 for which the same is issued, and shall expire on the thirty- 
 
Laws Pertaining to the Fishing Industry. 27 
 
 first day of March following the issuance of such license. 
 [L. 1905, p. 116, § 2.] 
 
 $4095. Dealers Classified — License Fees to be Paid. 
 
 Any person, firm, or corporation engaged in the business 
 of buying, selling, packing, preserving, or otherwise dealing 
 in salmon fish or sturgeon, other than canning thereof, which 
 is herein provided for, and whether said person, firm, or 
 corporation catches his or their or its own salmon fish or 
 sturgeon or not, shall be and are classified as follows : First 
 class dealers, handling less than three tons of fish per year ; 
 second class dealers, handling three to six tons of fish ; third 
 class dealers, handling six to ten tons of fish ; fourth class 
 dealers, handling ten to fifteen tons of fish ; fifth class dealers, 
 handling fifteen to twenty tons of fish ; sixth class dealers, 
 handling twenty to twenty-five tons of fish ; seventh class 
 dealers, handling twenty-five to thirty tons of fish ; eighth 
 class dealers, handling thirty to forty tons of fish ; ninth class 
 dealers, handling forty to fifty tons of fish ; tenth class dealers, 
 handling fifty to sixty tons of fish ; eleventh class dealers, 
 handling sixty to seventy tons of fish ; twelfth class dealers, 
 handling seventy to eighty tons of fish ; thirteenth class deal- 
 ers, handling eighty to one hundred tons of fish ; fourteenth 
 class dealers, handling one hundred to one hundred and forty 
 tons of [fish ; fifteenth class dealers, handling one hundred 
 and forty to one hundred and seventy-five tons of fish ; six- 
 teenth class dealers, handling one hundred and seventy-five 
 to two hundred and twenty-five tons of fish ; seventeenth 
 class dealers, handling two hundred and twenty-five to three 
 hundred tons of fish ; eighteenth class dealers, handling three 
 hundred to four hundred tons of fish ; nineteenth class dealers, 
 handling four hundred to five hundred tons of fish ; twentieth 
 class dealers, handling five hundred to six hundred tons of 
 fish ; twenty-first class dealers, handling six hundred to seven 
 hundred tons of fish ; twenty-second class dealers, are those 
 who handled over seven hundred tons of fish of the dressed 
 product. Any person, firm, or corporation desiring to obtain 
 
28 Laws Pertaining to the Fishing Industry. 
 
 a license for the purpose of engaging in the business of buying, 
 packing, selling, preserving, or otherwise dealing in salmon 
 fish or sturgeon, or other than canning thereof, which is herein 
 provided for, and whether said person, firm, or corporation 
 catches his or their or its own salmon fish or sturgeon or not, 
 shall file with the Master Fish Warden an application therefor 
 describing with convenient certainty the locality at which the 
 applicant proposes to engage in business, and the general 
 character of such business, whether cold storage or otherwise, 
 and shall accompany such application with an affidavit of the 
 applicant stating the total number of tons of salmon fish or 
 sturgeon handled by such applicant the year next preceding 
 the year the applicant desires the license, and shall deposit 
 with the Master Fish Warden the license fee as hereinafter pro- 
 vided. Such persons aforesaid of the first class shall pay a 
 license fee of $5.00 ; of the second class, $7.50 ; of the third 
 class, $10; of the fourth class, $15; of the fifth class, $20; 
 of the sixth class, $25 ; of the seventh class, $30 ; of the eighth 
 class, $40 ; of the ninth class, $50 ; of the tenth class, $60 ; 
 of the eleventh class, $70 ; of the twelfth class, $80 ; of the 
 thirteenth class, $100 ; of the fourteenth class, $125 ; of the 
 fifteenth class, $160 ; of the sixteenth class, $200 ; of the sev- 
 enteenth class, $270 ; of the eighteenth class, $360 ; of the 
 nineteenth class, $450 ; of the twentieth class, $540 ; of the 
 twenty-first class, $630 ; of the twenty-second class, $800 ; 
 provided, that any person, firm, or corporation desiring a license 
 that, during the year preceding such application was not en- 
 gaged in dealing in salmon fish or sturgeon as a packer by, the 
 cold storage process or otherwise shall, upon application, be 
 classified by the Board of Fish Commissioners, and the license 
 fee to be paid shall be three times the regular fee, according 
 to the class named ; excepting in a case where a cold storage 
 plant remained idle only one season, then and in that case the 
 license fee to be paid shall be double the regular fee. Persons 
 desiring to engage in the business of retailing salmon fish or 
 sturgeon for home consumption, or peddling such fish from 
 house to house, shall be listed of the first class, and shall pay 
 
Laws Pertaining to the Fishing Industry. 29 
 
 a license therefor accordingly, whether said person caught his 
 own salmon fish or sturgeon or not. Where more than one 
 shop or plant is operated by the same person, firm, or corpora- 
 tion, each shall be licensed separately and according to its 
 class. A peddler's license shall be good for one person or 
 wagon, and no more. All licenses issued under the provisions 
 of this section shall be good only in the district for which the 
 same is issued, and shall expire on the thirty-first day of March 
 following the issuance of such license. [L. 1905, p. 119, § 3.] 
 
 § 4096. Record of License Applications to be Kept by Fish. Warden — 
 Authority to Inspect Canneries, Places of Business, and 
 Books — Appeals. 
 
 The fish warden shall keep and preserve a record of all 
 applications for license filed. The fish warden is not bound 
 by statements therein made as to the amount of fish packed or 
 handled, but for the purpose of ascertaining the true class in 
 which any cannery or dealer in salmon fish or sturgeon, as 
 herein provided, should be listed, such fish warden or any of 
 his deputies has full authority and is hereby authorized to 
 inspect the cannery and places of business of such parties, and 
 the books of such parties showing the amount of their pack or 
 the amount handled (but the information derived therefrom 
 shall not be made public), and if in the opinion of the fish 
 warden the facts set forth in the affidavit of the applicant for 
 a license are untrue, and the canner, packer, or dealer, as 
 herein provided, is not properly classed, he shall immediately 
 class the same and list the same properly, and cancel the 
 license already issued, and demand from such canner, packer, 
 or dealer, as herein specified, a new license fee necessary to 
 bring it within the class it should have been listed in in the 
 first instance; but any person, firm, or corporation feeling ag- 
 grieved by the decision of the fish warden may appeal from the 
 decision of the fish warden to the circuit court of the State of 
 Oregon for the county in which his or its business is situated. 
 Such appeal is taken by serving a written notice of such appeal 
 on the fish warden, or his deputy residing in the county, and 
 filing same with proof of service indorsed thereon within ten 
 
30 Laws Pertaining to the Fishing Industry. 
 
 days from receiving notice of such relisting by such fish 
 warden, together with a bond with one or more sufficient 
 sureties, to be approved by the clerk of the circuit court, con- 
 ditioned to pay whatever judgment may be rendered against 
 him on the appeal, in the office of the clerk of the circuit court 
 of the State of Oregon for the county in which said business is 
 located ; and the case shall be tried in the said circuit court as 
 a suit in equity, and judgment entered by the court accord- 
 ingly, and the decision shall be final, and the judgment of the 
 court shall be enforced as other judgments are, and shall have 
 like force and effect. No costs shall be taxed against the fish 
 warden in any event. Nothing in this section shall be con- 
 strued to prevent the Board of Fish Commissioners, or any one 
 of the deputies, from giving in evidence at the trial of such 
 appeal any fact or information derived by them from inspec- 
 tion of the books or papers of any canner, packer, or dealer in 
 fish, or from offering in evidence in any court the affidavit of 
 any person required by this act. [L. 1901, p. 342, § 35.J 
 
 I 4097. License, Dated, Numbered, and What to Contain. 
 
 Each and every license issued under the provisions of this 
 act shall be numbered and dated by the fish warden, and the 
 number of cannery, dealer, pound net, gill net, drift net, fish 
 wheel, seine, trap, or other appliance, or business licensed, and 
 the number of the district where the appliance or business is 
 located, and shall also contain the name of the person or per- 
 sons to whom such license is granted. All licenses for what- 
 ever appliance or business granted under the provisions of this 
 act shall be valid only in the district for which it is issued, 
 and shall expire and become null and void on December 31 of 
 each year. [L. 1903, p. 236, § 13.] 
 
 By act of the Legislature of 1905 (L. p. 116), that portion of this section relating to the 
 expiration of licenses is amended, making all such licenses expire on the thiYtv- 
 first day of March following their issuance. Wee § 4093, as amended, this publicItioA . . 
 
 Certificate Sufficient Proof of Issuance. 
 
 That in all prosecutions requiring proof as to the issuance 
 or nonissuance of a license by the Master Fish Warden under 
 any of the laws of this State, the certificate of the Master Fish 
 
Laws Pertaining to the Fishing Industry. 31 
 
 Warden as to the issuance or nonissuance of such license by 
 him shall be sufficient proof on that question to establish the 
 fact, and such certificate shall be admitted in evidence as to 
 the issuance or nonissuance of such license in any prosecution. 
 [L. 1905, p. 206, § 1.] 
 
 | 4098. Regulations to Govern Fixed Fishing Appliances. 
 
 Any person, after first having obtained license from the fish 
 warden to operate a pound net, trap, or weir, shall indicate the 
 location for such pound net, trap, or weir by erecting a per- 
 manent and conspicuous monument on the bank of the river 
 or channel, and upon said monument shall cause to be placed 
 and maintained the license number, preceded by an "O," des- 
 ignated by the fish warden at the time of issuing said license; 
 said number to consist of black figures not less than six inches 
 in length painted on white ground ; after any such pound net, 
 trap, or weir has been located and constructed the owner thereof 
 shall file a map with the fish warden, giving the exact de- 
 scription and location thereof. During the fishing season, 
 between sunset and sunrise, a bright and conspicuous white 
 light shall be maintained on each pound net, trap, or weir. 
 Any person having obtained a license from the fish warden to 
 operate a fish wheel, shall cause to be placed and maintained 
 in a conspicuous place on said wheel or on a permanent monu- 
 ment erected for that purpose the number, preceded by an 
 "O," designated by the fish warden at the time of issuing said 
 license ; said number to consist of black figures not less than 
 six inches in length painted on white ground. Any person 
 having obtained a license from the fish warden to operate a 
 set net shall cause to be placed and maintained on a substan- 
 tial post or monument erected for that purpose on the bank of 
 the river or channel, or upon a buoy securely anchored on the 
 location claimed, the number, preceded by an "0," designated 
 by the fish warden at the time of issuing said license, said 
 number to consist of black figures not less than six inches in 
 length painted on white ground ; in addition thereto said per- 
 son shall cause to be branded on the corks of each end of said 
 
32 Laws Pertaining to the Fishing Industry. 
 
 set net, and upon the cork nearest the center thereof the num- 
 ber designated in said license, said number to consist of fig- 
 ures not less than one inch in length. Any person having 
 obtained a license from the fish warden to operate a seine 
 shall cause to be placed and maintained in a conspicuous place 
 on the wharf, scow, or float maintained at the seining ground 
 claimed, the number, preceded by an "0," designated by the 
 fish warden at the time of issuing said license, said number 
 to consist of black figures not less than six inches in length 
 painted on white ground ; in addition thereto said person 
 shall cause to be branded on the corks of each end of said 
 seine, and upon the cork nearest the center thereof, the num- 
 ber designated in said license, said number to consist of fig- 
 ures not less than one inch in length. Any person having 
 obtained a license from the fish warden to operate a gill net 
 in any of the waters of this State or the Columbia River, or 
 from the fish commissioner of the State of Washington, said 
 State having concurrent jurisdiction on the Columbia River 
 with this State as to gill nets and as to gill net fishermen, 
 shall cause to be placed upon the corks of each end of such 
 net, and upon the cork nearest the center thereof, the number 
 designated in said license, said number to consist of figures 
 not less than one half inch in length ; and shall also cause to 
 be placed upon each side of the bow of the boat used to oper- 
 ate such net, the number designated in said license, preceded 
 by an "0," if issued by the fish warden of the State of Ore- 
 gon, or the number designated in said license, preceded by a 
 "W," if issued by the fish commissioner of the State of Wash- 
 ington, said number to consist of black figures not less than 
 six inches in length painted on light ground, or white figures 
 not less than six inches in length painted on dark ground. A 
 separate license shall be required for each pound net, trap, 
 weir, fish wheel, set net, or for any other fixed appliance, and 
 for each seine, gill net, or other drift net. Any owner or op- 
 erator of any fishing appliance or boat herein specified, who 
 fails, neglects, or refuses to comply with any of the provisions 
 of this section within five days from the date of license issued 
 
Laws Pertaining to the Fishing Industry. 33 
 
 for such appliance, shall be deemed guilty of a misdemeanor, 
 and upon conviction thereof shall be punished by a fine of not 
 less than $10 nor more than $50 and the costs of the action ; 
 a failure from day to day to comply with any of the provisions 
 of this section shall constitute a separate offense and subject 
 the owner or operator of said appliance or boat to additional 
 punishment by such fine. [L. 1905, p. 429, § 4.] 
 
 Pound Net — Duty of Owner. 
 
 That it shall be the duty of the owner of each and every 
 pound net constructed in the waters of the Columbia River, 
 over which the State of Oregon has concurrent jurisdiction, to 
 remove from the bed of the Columbia River all piling driven 
 in the same, by pulling out said piling, within five days from 
 the close of each fall fishing season, and to keep said piling out 
 of the river until within ten days of the commencement of the 
 fishing season in the following spring. [L. 1905, p. 271, § 1.] 
 
 Violation of Preceding Section — Penalty. 
 
 That any person who shall violate any of the provisions 
 'of this act, upon conviction thereof, shall be punished by a 
 fine of not less than $50 nor more than $500, or by imprison- 
 ment in the county jail not less than twenty-five days nor more 
 than two hundred and fifty days, or by both such fine and 
 imprisonment. [L. 1905, p. 271, § 2.] 
 
 I 4099. Fish Warden to Keep Books and Devote Entire Time to His 
 Office. 
 
 The fish warden shall keep proper books showing the 
 licenses issued, to whom issued, and amounts received, and 
 all moneys disbursed and paid out for any cause. It shall 
 also be his duty to devote his entire time and attention to the 
 fishing interests and fishing industries of the State ; and see 
 that all laws for the protection, preservation, and propagation 
 of all food fishes, and oysters and shellfishes, in the waters 
 and streams of this State are enforced. [L. 1901, p. 344, § 38.] 
 Fisheries 3 
 
34 Laws Pertaining to the Fishing Industry. 
 
 I 4100. Annual Report of Warden and Suggestions to Board. 
 
 Said fish warden shall annually, on December 1, report to 
 the Board of Fish Commissioners of this State a full account 
 of his actions, also of the operations and results of the law 
 pertaining to fish and shellfish industries, the method of taking 
 fish, the number of young fish hatched and where distributed, 
 amount of expense incurred, and make suggestions as to the 
 needs to further legislation, if any, and full statistics of the 
 fishing and shellfish industries, and amount of all money re- 
 ceived and disbursed. [L. 1901, p. 344, § 39.] 
 
 $4101. Arrests, Aiithority of Warden and Deputies to Make Without 
 Process — Resistance a Misdemeanor. 
 
 The fish warden or his deputies shall have authority to ar- 
 rest without writ, rule, order, or process any person or per- 
 sons detected by him or them in the act of committing a crime 
 in violation of the fish laws of this State ; and they are hereby 
 made peace officers of this State for that purpose, and shall 
 have authority to execute all criminal process issued for the ar- 
 rest or detention of any person complained against for the 
 violation of any of the fish laws of this State. Any person, 
 who knowingly or wilfully resists or opposes such officer in 
 discharge of his said duties shall be deemed guilty of a mis- 
 demeanor, and upon conviction thereof, shall be punished as 
 in this act hereinafter provided. [L. 1901, p. 344, § 40.] 
 
 $ 4102. Inspection of Canneries, Cold Storage Houses, etc., by Warden. 
 The fish warden is hereby authorized to inspect all can- 
 neries, cold storage houses, boats, nets, wheels, traps, and 
 other fishing apparatus, and all property used in the catching 
 and packing of fish, for the purpose of enforcing the provi- 
 sions of this act, and to that end said fish warden is authorized 
 to enter into said property and make inspection thereof. 
 [L. 1901, p. 345, § 41.] 
 
 £4103. Attorney General, Commissioners May Require Advice From 
 — Prosecuting Attorneys to Act on Complaint of Board. 
 
 The Board of Fish Commissioners shall have the authority 
 
 to apply to the Attorney General for his official opinion upon 
 
Laws Pertaining to the Fishing Industry. 35 
 
 any question touching the construction and interpretation of 
 the statutes and the duty of the Board of Fish Commissioners 
 wherein they shall need legal advice ; and it shall be the duty 
 of the prosecuting attorneys of the several districts to prose- 
 cute in their respective districts, on information and complaint 
 of such Board of Fish Commissioners, fish warden, or any of 
 his deputies, any person violating any of the provisions of 
 this act. [L. 1901, p. 345, § 42.] 
 
 § 4104. Salary and Expenses of Wardens, How Audited and Paid. 
 
 The salaries of the fish wardens, and the necessary expenses 
 incurred by them in the performance of their duties, and all 
 the expenses incurred under the provisions of this act, shall 
 be audited by the Board of Fish Commissioners, upon bills 
 being presented properly certified by the fish wardens ; and the 
 Secretary of State shall, upon the approval of such bills, draw 
 his warrant upon the State Treasurer in payment of the same 
 from the general fund. [L. 1901, p. 345, § 43. J 
 
 $ 4105. Fish Commissioners Shall Receive Only Expenses. 
 
 Said Board of Fish Commissioners shall receive no com- 
 pensation for their services as such board, but shall be allowed 
 necessary actual traveling expenses. All accounts for ex- 
 penditures incurred or made pursuant to the provisions of 
 this section shall be audited and approved by said commis- 
 sion before presentation to the Secretary of State. [L. 1901, 
 p. 345, § 44.] 
 
 $4106. Fish Commissioners May Propagate Food Fishes — Authority 
 of in so Doing. 
 
 The Board of Fish Commissioners is authorized by this act 
 to propagate and stock the various waters and streams of this 
 State with salmon, sturgeon, trout, or other food fishes, not in- 
 imical to or destructive of salmon ; and for the purpose of pro- 
 tecting the same they are hereby authorized to close any stream 
 or any designated portion thereof in this State frequented by 
 salmon, or any stream which they have stocked, and prevent 
 any person taking or fishing for or catching any salmon or 
 
36 Laws Pertaining to the Fishing Industry. 
 
 food fishes therein. Should the Board of Fish Commissioners 
 desire to close any stream or designated portion thereof fre- 
 quented by salmon, or any stream or designated portion thereof 
 which they have stocked with food fish, they shall cause no- 
 tice thereof to be filed in the office of the county clerk in each 
 county in which such stream or designated portion thereof 
 lies, and shall publish such notice in some public newspaper 
 published at the county seat in such county or counties for 
 four successive weeks. Such notice shall designate as nearly 
 as practicable the streams or designated portion thereof to be 
 closed, and shall state that on and after a date therein stated 
 it will be unlawful to fish for or take or catch any salmon or 
 other food fishes therein (which date shall not be less than 
 thirty days from the date of the first publication), and shall 
 cause like notices to be published for such time in three con- 
 spicuous places on the banks of such streams or designated 
 portion thereof. Upon the completion of the publication of 
 such notice, the same, with proof of the publication and post- 
 ing thereof, shall be filed with the original notice in the office 
 of the county clerk, and it shall be unlawful at any time after 
 the expiration of the date specified in said notice for any per- 
 son to fish for, catch, or take any salmon, or any food fishes 
 stocked therein, until notice shall be filed and likewise pub- 
 lished by the Board of Fish Commissioners of the opening of 
 such stream or designated portion thereof to the public for 
 fishing. [L. 1901, p. 345, § 45.] 
 
 § 4107. Placing Fish in Water Without Authority of Board Unlawful. 
 It shall be unlawful for any person, without written author- 
 ity from the Board of Fish Commissioners, to place in any 
 water of this State any species or variety of fish whatever. 
 [L. 1901, p. 346, § 46.] 
 
 I 4108. Justices' Courts Have Concurrent Jurisdiction. 
 
 Justices of the"peace shall have concurrent jurisdiction with 
 the circuit courts of this State of all offenses mentioned in this 
 act. [L. 1901, p. 346, § 48.] 
 
Laws Pertaining to the Fishing Industry. 37 
 
 | 4109. Fish May be Taken by Proper Officers For Propagation at 
 Any Time. 
 
 Nothing in this act shall be construed so as to prevent the 
 taking of salmon at any time of the year by the Board of Fish 
 Commissioners or accredited officers of the United States Gov- 
 -ernment, for propagation. [L. 1901, p. 346, § 49.] 
 
 'i 4110. Fish. Appliances Liable to Execution for Fines. 
 
 Any and all gear and appliances used in violation of the 
 provisions of this act, including boats, traps, nets, weirs, fish 
 wheels, or other appliances, shall be subject to execution for 
 the payment of fines and costs herein provided for. [L. 1901, 
 p. 346, § 50.] 
 
 | 4111. Fishing "Without License or Otherwise Unlawfully, Subjects 
 Appliances to Seizure — Procedure Thereon. 
 
 All fish traps, pound nets, gill nets, set nets, fish wheels, 
 fishing boats, and vessels used in fishing, and apparatus, and 
 any and all appliances or devices which shall be used or em- 
 ployed by any person or persons or corporations, including all 
 such fishing appliances fished or operated by any person who has 
 not obtained a license, or a license to operate such appliance, 
 in fishing for or catching salmon fish at or during any time 
 or in any of the waters in this act prohibited, and which by 
 this act is made unlawful, whether being operated by any 
 person or left in a condition to take fish, or abandoned but 
 left in a condition to take fish, shall be seized and be confiscated, 
 condemned, and sold, and the proceeds of such sale shall be 
 paid to the State Treasurer, and by him deposited in the 
 hatchery fund for the district in which such appliance is 
 seized ; and it is hereby made the duty of the fish warden to 
 seize and take into his possession all such fishing appliances 
 hereinbefore mentioned, which shall be operated wrongfully 
 or unlawfully by any person, or left by any person in a con- 
 dition to take fish, or abondoned by any person but left in a 
 condition to take fish, shall be seized and be confiscated, con- 
 demned, and sold, and the proceeds of such sale shall be paid 
 to the State Treasurer and by him deposited in the hatchery 
 
38 Laws Pertaining to the Fishing Industry. 
 
 fund for the district in which snch appliance is seized ; and 
 it is hereby made the duty of the fish warden to seize and 
 take into his possession all such fishing appliances hereinbe- 
 fore mentioned, which shall be operated wrongfully or un- 
 lawfully by any person, or left in a condition to take fish, or 
 abandoned by any person but left in a condition to take fish, 
 at or during any time or in any of the waters in this act pro- 
 hibited, and which is made unlawful by this act ; and im- 
 mediately upon such seizure the prosecuting attorney for the 
 district in which such appliance is seized shall institute an 
 action in the circuit court for that county to have such ap- 
 pliance confiscated, condemned, and sold ; such petition shall 
 contain a true description of the appliance sought to be con- 
 fiscated, condemned, and sold, as nearly as practicable, to- 
 gether with all marks, brands, or any special features thereof, 
 calculated to designate same from other appliances of like 
 nature, and, if a fixed appliance, the number ; and shall allege 
 facts showing that the same was used in violation of the pro- 
 visions of this act. The petition shall be duly verified by the 
 oath of the fish warden, or one of the deputies, and in such 
 action the State of Oregon shall be plaintiff, and the owner of 
 such appliance, if known, shall be the defendant ; and if un- 
 known, then such unknown owner shall be designated as 
 "John Doe," whose true name is unknown; and such like 
 proceedings shall be had and such action shall be prosecuted 
 to final determination as in actions at law, excepting that the 
 summons shall be issued by the clerk of the court, and shall 
 require the defendant, if known, to appear and answer within 
 fifteen days after the service of such summons upon him, 
 and if he fails so to appear and answer, judgment of confis- 
 cation shall be entered as prayed for in the petition. Such 
 summons shall contain a brief description of the appliance 
 sought to be confiscated ; and if such defendant shall be un- 
 known or can not be found, the summons shall require such 
 unknown owners to appear within four weeks after the first 
 publication thereof, as hereinafter provided ; such summons 
 shall be served upon the defendant, if known, personally in 
 
Laws Pertaining to the Fishing Industry. 39 
 
 any county in the State ; and if unknown and can not be 
 found, the summons shall be published for four weeks in 
 some newspaper published in the county where the action is 
 instituted. All persons owning or claiming any interest in 
 such fishing appliance will be permitted to answer, setting 
 forth their various interests, but it will be no defense to a 
 judgment of confiscation that the owner or mortgagee or lienor 
 of such appliance did not consent to have the same unlawfully 
 operated. Upon the trial of said cause the matter to be de- 
 termined shall be whether or not the appliance seized was 
 unlawfully employed, or suffered or permitted to be unlaw- 
 fully employed, in violation of the provisions of this act, or 
 used or operated without a license or by one not licensed ; 
 and if judgment shall be entered, that the same was used or 
 employed, or suffered or permitted to be used or employed, 
 in violation of this act, a judgment shall be rendered confis- 
 cating each appliance and ordering the same to be sold at 
 public auction to the highest bidder for cash, and execution 
 shall issue upon such judgment as in an ordinary action at 
 law, and like proceedings shall be had under such execution 
 as now provided by law. The money arising from the sale 
 of such appliance shall be immediately deposited with the 
 State Treasurer, and by him deposited in] the hatchery fund 
 for the district in which such appliance was seized. No fee 
 shall be charged or collected from the Board of Fish Commis- 
 sioners at the institution or during the prosecution of such 
 action, and no judgment shall be awarded against them or 
 the State of Oregon for costs and disbursements. Should the 
 Board of Fish Commissioners deem themselves aggrieved by 
 the ruling or decision of the court at any time after the in- 
 stitution of said action, the right of appeal is hereby given 
 the State of Oregon, to be prosecuted in the same manner as 
 appeals in ordinary civil actions, excepting that no fee shall 
 be charged the State and no bond shall be required on appeal. 
 [L. 1901, p. 347, § 51.] 
 
40 Laws Pertaining to the Fishing Industry. 
 
 I 4112. The Term "Person" or "Persons," What to Include. 
 
 The term "person" or "persons" used in this act shall be 
 deemed to include partnerships and corporations. [L. 1901, 
 p. 349, § 52.] 
 
 §4113. Penalty for Violating Provisions of Act. 
 
 Any person or persons violating any of the provisions of 
 this act shall be deemed guilty of a misdemeanor, and upon 
 conviction thereof shall be punished by a fine of not less than 
 $50 nor more than $1,000, and the costs of the action, or by 
 imprisonment in the county jail not less than twenty-five days 
 nor more than one year, or by both such fine and imprison- 
 ment ; provided, in case of fine only that he be imprisoned in 
 the county jail until such fine and costs of action be paid, he 
 shall be credited on such fine and costs the sum of $2.00 for 
 each day of imprisonment. In all actions for violations of the 
 provisions of this act one third of the moneys collected as fines 
 shall be paid to the District Attorney, or his deputies, who 
 conducts the action ; one third shall be paid to the informer 
 or prosecuting witness ; provided, such informer or prosecuting 
 witness is not a regularly appointed and salaried fish warden, 
 or salaried deputy warden ; the remaining one third or two 
 thirds, or all, as the case may be, shall be paid to the Master 
 Fish Warden and by him deposited with the State Treasurer, 
 to be placed in the "hatchery fund" for the district in which 
 said fine was imposed. [L. 1903, p. 237, § 15.] 
 
 §4114. Sturgeon. 
 
 Repealed. 
 
 This section is repealed by act of 1905 (L. p. 277). The substance of the section is con. 
 tained in § 4061, as amended, 1905 (L. p. 238). 
 
 §4115. Young Sturgeon, Unlawful to Take in Columbia River — Penal 
 Provision. 
 
 It shall be unlawful at any time to take or kill any young 
 sturgeon under four feet in length, or fish for the same with 
 any device or appliance whatever in the waters of the State 
 of Oregon, or in the waters of the Columbia River or its tribu- 
 taries ; and any person or persons fishing with a trap, weir, 
 
Laws Pertaining to the Fishing Industry. 41 
 
 pound net, gill net, set net, fish wheel, seine or any other 
 fishing apparatus in the waters of the State of Oregon, or in 
 the waters of the Columbia River or its tributaries, who, on 
 lifting, drawing, taking up, or removing any trap, weir, pound 
 net, gill net, set net, fish wheel, seine, or other fishing appa- 
 ratus, shall find young sturgeon under four feet in length 
 entangled or caught therein, shall immediately, with care and 
 the least possible injury to the fish, disentangle and release 
 the same and transfer the fish to the water without violence. 
 Any person or persons, firm or corporation, violating any of 
 the provisions of this section, or receiving or having in his 
 or their possession for consumption, sale, or transportation, 
 or sells or offers for sale or for transportation, or tranports 
 young sturgeon under four feet in length, shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof shall 
 be punished by a fine of not less than $20 and not more than 
 $1,000 and costs of the action, or by imprisonment in the 
 county jail not less than ten days nor more than one year, or 
 by both such fine and imprisonment ; 'provided, in case of fine 
 only, that he be imprisoned in the county jail until such fine 
 be paid, and he shall be credited on such fine the sum of 
 $2.00 for each day imprisoned. All moneys collected as 
 fines shall be disposed of as follows : One third shall be paid 
 to the prosecuting witness other than the Master Fish Warden 
 or the deputy fish warden ; the remaining two thirds, or all, 
 as the case may be, shall be paid to the Master Fish Warden, 
 and by him deposited with the State Treasurer, to be placed 
 in the hatchery fund for the district in which said fine was 
 imposed. In all prosecutions under this section the posses- 
 sion by any person or persons, firm or corporation, of young 
 sturgeon under four feet in length shall be construed as prima 
 facie evidence that the same was taken from the waters of the 
 State of Oregon, or from the waters of the Columbia River or 
 its tributaries. [L. 1905, p. 278, § 2.] 
 
42 Laws Pertaining to the Fishing Industry. 
 
 \ 4116. Chinese Sturgeon Lines, Use of Prohibited in Columbia River 
 — Fish Commissioner to Destroy — Penal Provision. 
 
 It shall be unlawful to cast, extend, set, use, or continue 
 or assist in casting, extending or using, any Chinese sturgeon 
 line, or lines of a similar character, in the waters of the State 
 of Oregon, or in the waters of the Columbia River or its 
 tributaries. The fish warden and any of his deputies or 
 bailiffs, sheriffs, deputy sheriffs, constables, or other peace 
 officers, are hereby authorized to seize and destroy any such 
 lines found in said waters, and they are hereby authorized to 
 arrest, without warrant, any person or persons detected in 
 setting or using any Chinese sturgeon line or lines of a sim- 
 ilar character in said waters. Any person or persons vio- 
 lating any of the provisions of this section shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof shall 
 be punished by a fine of not less than $20 and not more than 
 $1,000 and costs of the action, or by imprisonment in the 
 county jail not less than ten days nor more than one year, or 
 by both such fine and imprisonment ; provided, in case of fine 
 only, that he be imprisoned in the county jail until such fine 
 and costs of action be paid, and he shall be credited on such 
 fine and costs the sum of $2.00 for each and every day im- 
 prisoned. All moneys collected as fines shall be disposed 
 of as follows : One third shall be paid to the prosecuting 
 witness other than the Master Fish Warden or the deputy fish 
 warden ; the remaining two thirds, or all, as the case may 
 be, shall be paid to the Master Fish Warden, and by him de- 
 posited with the State Treasurer, to be placed in the hatchery 
 fund for the district in which said fine was imposed. [L. 1905, 
 p. 279, §3.1 
 
 FISH WAY OVER THE FALLS AT OREGON CITY. 
 Appropriation For. 
 
 That there be and hereby is appropriated out of any moneys 
 in the State treasury, not otherwise appropriated, the sum of 
 five thousand ($5,000) dollars, or so much thereof as shall be 
 necessary, to construct a fish way over the falls of the Wil- 
 lamette River, at Oregon City. [L. 1903, p. 307, § 1.] 
 
Laws Pertaining to the Fishing Industry. 43 
 
 Location of Fish Way, How Determined. 
 
 Said fish way shall be constructed in the bed of the river at 
 such point along said fall as may be determined by the Board 
 of Fish Commissioners of the State, by making excavations 
 in the solid rock and building such superstructure as will be 
 necessary, so that the slope will be more gradual and a series 
 of pools formed connecting with each other, all constructed 
 and arranged in such a manner that salmon can freely ascend 
 from below to above the falls by passing from pool to pool. 
 [L. 1903, p. 307, § 2.] 
 
 Board of Fish. Commissioners to Award Contract. 
 
 The plans, location, and construction of said fish way shall 
 be under the control and direction of the said Board of Fish 
 Commissioners, which board is hereby authorized, at its dis- 
 cretion, to purchase tools and supplies, and employ a super- 
 intendent and workmen to construct the same, or advertise 
 and award contract or contracts for the construction of said 
 fish way. Said construction shall begin as soon as practicable 
 after the approval of this act. [L. 1903, p. 307, § 3.] 
 
 Board to Draw Warrants. 
 
 All expenses of whatever nature incurred by said board 
 under the provisions of this act shall be paid upon properly 
 certified bills being presented, and the Secretary of State 
 shall, upon the approval of such bills by said board, draw 
 his warrant upon the State Treasurer in payment of the same 
 from the general fund. [L. 1903, p. 307, § 4.] 
 
 May Remove All Obstructions. 
 
 In order to construct said fish way, said board, its employes 
 and agents, are hereby authorized to remove all obstructions, 
 whether natural or artificial, to the construction of said fish 
 way or the passage of fish over said falls, and to remove any 
 natural or artificial obstructions placed in the river above the 
 falls which would prevent the free passage of fish up the river. 
 [L. 1903, p. 307, § 5.] 
 
44 Laws Pertaining to the Fishing Industry. 
 
 Care After Completion. 
 
 After said fish way is constructed it shall be under the care 
 of said board, which shall make any extension, additions, al- 
 terations, or repairs to the same that shall become necessary, 
 and aDy unexpended part of said sum herein appropriated 
 shall be available for such purposes. [L. 1903, p. 307, § 6.] 
 
 § 4118. Hindering Passage of Fish Prohibited. 
 
 It shall be unlawful for any one to hinder, annoy, or disturb 
 the fish entering, passing through, or leaving said fish way, 
 or to obstruct the passage of fish through the same at any 
 time or in any manner, or for any one to place anything in 
 said fish way or use any devise for catching fish, or any wheel, 
 or net, or hooks, or lines in said fish way, or anywhere within 
 fifty feet thereof, or to catch fish at anytime any where within 
 fifty feet of said fish way, or any one to do any injury to said 
 fish way. [L. 1893, p. 37, § 8.] 
 
 The concluding: sentence of the act of 1901, (L. p. 337, § 4,) amends this section to 
 read " within six hundred feet of said fishway." See § 4085, this publication. 
 
 Following is an opinion of the Attorney General, construing gg 4085 and 4118, ren- 
 dered at the request of the Master Fish Warden : 
 
 Salem, Oregon, December 17, 1904. 
 
 Dear Sir: Replying to yours of the 2d instant requesting my opinion as to how near 
 to the fish way recently built by the State over the falls of the Willamette River at Ore- 
 gon City, people are allowed under the law to catch salmon, permit me to say that sec- 
 tion 4085 of Bellinger and Cotton's Annotated Codes and Statutes provides: "It shall 
 be unlawful for any person to wilfully or knowingly destroy, injure, or abstract from 
 such fish way (those mentioned in the act) or to take or catch any salmon or other mi- 
 gratory fish within six hundred feet of any fish way." 
 
 "Any fish way " means a fish way built by the State as well as one built by private 
 parties. Any person who violates the provisions of the section above referred to is pun- 
 ishable under section 4113, as amended by laws of 1903, page 237. The law of 1893, 1 am 
 inclined to think, is applicable, except where they conflict with the 1901 law, as the for- 
 mer was enacted with reference to a fish way to be constructed by the State of Oregon at 
 Oregon City, and while it was not done under that act, it was constructed by virtue of a 
 second act, and the penalties for obstructing the same were not repealed. However, the 
 distance that salmon or other migratory fish may be taken from the fish way is gov- 
 erned by the law of 1901, that being the later act, and any person who injures the fish 
 way in any manner can be punished under the former statute, or other statutes relative 
 to injuries to property. 
 
 Respectfully, 
 
 A. M. CRAWFORD, 
 
 Attorney General. 
 
 § 41 19. Penalty For Violation of Act. 
 
 Any person violating any of the provisions of this act shall 
 be guilty of a misdemeanor, and upon conviction shall be pun- 
 ished by a fine of not less than $20 nor more than $200, or by 
 
Laws Pertaining to the Fishing Industry. 45 
 
 imprisonment in the county jail not less than ten days nor 
 more than one hundred days, or both, in the discretion of the 
 court. [L. 1893, p. 37, § 9.] 
 
 See I 4113 as amended 1903 (L. p. 237, § 15). 
 
 \ 4120. Justices' Courts Have Concurrent Jurisdiction. 
 
 Justices of the peace shall have concurrent jurisdiction in 
 the first instance with the circuit courts of all offenses under 
 this act. [L. 1893, p. 37, § 10.] 
 
 \ 4121. Authority to Remove Obstructions Above Falls. 
 
 The board provided for in section 3 shall have authority to 
 remove any artificial obstructions placed in the river above 
 the falls which would prevent the free passage of fish up the 
 river. [L. 1893, p. 37, § 11. 
 
 The board referred to in this section, as provided for in section 3 of the act, consists 
 of the Governor, Secretary of State, and State Treasurer. Section 3 is temporary in its 
 operation, and is therefore omitted. The board created by that section continues in ex- 
 istence for the purpose specified in section 4121. 
 
 Fire, Game, and Fish. Wardens, ex officio. 
 
 That from and after the passage of this act the sheriffs and 
 deputy sheriffs of the counties and constables of the various 
 precincts and districts of the State of Oregon shall be and 
 hereby are created ex officio fire, game, and fish wardens. 
 [L. 1903, p. 140, § 1.] 
 
 Duties of Wardens. 
 
 It shall be the duty of said fire, game, ani fish wardens to 
 enforce all statutes" of the State now in force, or that may 
 hereafter be enacted, for the protection of forests and timber 
 lands from fire, and for the protection of game, game birds, 
 game mammals, song and insectivorous birds, and fish, and 
 for the protection of chinook, silverside, steelhead, and all 
 other anadromous species of salmon and other fish ; and said 
 sheriffs, deputy sheriffs, constables, or wardens shall have 
 authority to arrest, without warrant, any person or persons 
 caught by them in the act of violating any of the aforesaid 
 laws for the protection of forests and timber lands, game and 
 food and game fish, and take such person or persons forthwith 
 
46 Laws Pertaining to the Fishing Industry. 
 
 before a justice of the peace, or other magistrate having juris- 
 diction, who shall proceed without delay to hear, try, and deter- 
 mine the matter. Such arrests may also be made on Sunday, 
 in which case the person or persons arrested shall be taken 
 before the proper officer, and proceeded against as soon as 
 may be on a week day following the arrest. [L. 1903, p. 140, 
 §2.] 
 
 Power to Search Without Warrant. 
 
 Said sheriffs, deputy sheriffs, constables, or wardens shall 
 have power, without warrant, to search and examine any boat, 
 conveyance, vehicle, fish box, fish basket, game bag, or game 
 coat, or other receptacle for game or fish, when they have good 
 reason to believe that any of the laws for the protection of 
 forests and timber lands, game and food fish, have been vio- 
 lated ; and the said sheriffs, deputy sheriffs, constables, or 
 wardens shall at any time seize and take possession of any and 
 all birds, animals, or fish which have been caught, taken, or 
 killed at any time in a manner or for a purpose, or had in pos- 
 session or under control, have been shipped or about to be 
 shipped, contrary to any of the laws of this State ; and seize 
 and take possession of any and all fishing appliance and boats 
 fished, operated, or maintained in violation of any of the game 
 or fish laws of the State. Any court having jurisdiction of 
 the offense, upon receiving proof of probable cause for believ- 
 ing in the concealment of any bird, animal, or fish, caught, 
 taken, killed, had in possession, under control or shipped, or 
 about to be shipped, contrary to the law, shall issue a search 
 warrant, and cause a search to be made in any place, and to 
 that end may, after demand and refusal, cause any building, 
 inclosure, or car to be entered, and any apartment, chest, box, 
 locker, crate, basket, or package to be broken open and the con- 
 tents thereof examined by any said sheriff, deputy sheriff, con- 
 stable, or warden. All birds, animals, or fish, or nets or fishing 
 appliance or apparatus, seized by any sheriff, deputy sheriff, 
 constable, or warden shall be disposed of in such manner as 
 may be directed by the court before whom the offense is tried, 
 
Laws Pertaining to the Fishing Industry. 47 
 
 and such sheriff, deputy sheriff, constable, or warden shall not 
 be liable for damages on account of any search, examination, 
 or seizure, or the confiscation of any nets or fishing appliance 
 or apparatus of any kind in accordance with the provisions of 
 this act. [L. 1903, p. 141, § 3.] 
 
 Additional Fees from Fines. 
 
 Any sheriff, deputy sheriff, constable, or warden, as informer 
 or prosecutor, upon the arrest and prosecution of any offender 
 to conviction under the provisions of this act, shall, in addi- 
 tion to the fees to which he may be entitled under existing 
 laws, be entitled to receive one third of the money collected as 
 fines in such action. [L. 1903, p. 141, § 4.] 
 
 Violations — Returns of Officers — Penalty. 
 
 Each of the said sheriffs, deputy sheriffs, constables, or 
 wardens shall, for the purpose of this act, have concurrent juris- 
 diction throughout his own proper county ; and they shall in 
 the first week of each term of the circuit court of their respec- 
 tive counties, make special returns to said court, under oath, 
 of all violations occurring in their respective counties or dis- 
 tricts, or which may come or be brought to their notice, of any 
 of the provisions of any law now in force, or that may hereafter 
 be enacted for the protection of the forests and timber lands, 
 game, and fish ; and it shall be the duty of the judge of said 
 court to see that such returns are faithfully made, and any 
 sheriff, deputy sheriff, constable, or warden wilfully neglecting 
 or refusing to make such returns, or to prosecute any offense 
 under said laws of which he shall have personal knowledge, or of 
 which he shall have notice in writing by any citizen, giving 
 the name of the offender, together with the names of the wit- 
 nesses, shall be deemed guilty of a misdemeanor, and upon 
 conviction thereof shall be sentenced to pay a fine of $50, or 
 to undergo an imprisonment in the county jail of two months, 
 both or either, at the discretion of the court. [L. 1903, p. 142, 
 §5.] 
 
48 Laws Pertaining to the Fishing Industry. 
 
 OYSTER BEDS: PROPAGATION AND GATHERING. 
 $4122. Natural Oyster Beds Free — Artificial Beds Private Property. 
 
 The natural beds of oysters on the waters of this State shall 
 be free to all citizens thereof who shall have resided in this 
 State one year, and shall have been residents of the county 
 where such beds are located for a period of six months imme- 
 diately preceding the time of taking such oysters ; but artifi- 
 cial plantations of oysters belonging to citizens of this State, if 
 distinctly marked out by means which shall not obstruct navi- 
 gation, and not exceeding the extent allowed by local regula- 
 tions, shall be deemed and protected as private. property ; and 
 the following portions of Yaquina Bay, in Benton County, are 
 hereby designated and set apart for artificial plantations of 
 oysters, to wit: Brown's Flat, Pool's Slough, Lyman's Eddy, 
 and Green Point; and the size and dimensions of said oyster 
 beds shall remain as they have been fixed by the local regula- 
 tions of the oystermen's association, not exceeding two acres 
 in any one plantation ; and every person holding a claim for 
 the cultivation of oysters shall in all respects comply with the 
 local regulations applicable thereto. [L. 1862, D. Cd. p. 830, 
 § 1 ; L. 1868, p. 14, § 1 ; L. 1870, p. 78, § 1 ; H. C. § 3844.] 
 
 I 4123. Close Season as to Natural Beds. 
 
 No person shall remove oysters from natural beds between 
 the fifteenth day of June and the tenth clay of September in 
 any year ; provided, that nothing in this chapter shall be so 
 construed as to prevent any person owning artificial beds from 
 taking oysters from said beds at any time. [L. 1864, D. Cd. 
 p. 830, § 2; H. C. § 3845.] 
 
 I 4124i. Who Privileged to Take Oysters. 
 
 No person not a citizen of the United States or competent 
 to become such under the laws of congress, and actually dom- 
 iciled within the State, and subject to State and county taxes, 
 shall gather oysters in natural beds, for sale or transporta- 
 tion or for replanting, nor shall own any artificial oyster bed 
 or any interest therein ; nor shall any person purchase oysters 
 
Laws Pertaining to the Fishing Industry. 49 
 
 for transportation or replanting except from persons so quali- 
 fied. [L. 1862, D. Cd. p. 830, § 3 ; H. C. § 3846.] 
 
 \ 4125. Regulations For Taking Oysters From. Natural Beds. 
 
 No person shall gather or take oysters from natural beds 
 within the waters of this State with a scoop, scrape, drag, or 
 dredge where the water is of a less depth than twenty-four 
 feet at low tide ; nor shall any person gathering oysters from 
 natural or artificial beds commit or permit waste by casting 
 young oysters or shells on shore or in places unfavorable to 
 their growth or increase. [L. 1862, D. Cd. p. 830, §4; L. 1868, 
 p. 14, § 4 ; L. 1876, p. 7, § 1 ; H. C. § 3847.] 
 
 §4126. Penalty For Violation of Provisions of Sections 4122, 4123, 
 4124, and 4125. 
 
 Every person who shall be guilty of violating any provision 
 
 of sections 4122, 4123, 4124, and 4125 shall, on conviction 
 
 thereof, be fined in any sum not exceeding $1,000 for every 
 
 such offense. [L. 1862, D. Cd. p. 830, § 5 ; L. 1870, p. 67, 
 
 § 1; H. C. § 1951.] 
 
 PLANTED OYSTERS. 
 Unlawful to Gather or Have in Possession. 
 
 From and after the passage of this act it shall be unlawful, 
 for a period of four years, to gather or attempt to gather, to 
 have in possession, or to offer for sale, any eastern, native, or 
 other oyster, or their progeny, that have heretofore or may 
 hereafter be deposited or planted by the State Biologist, or 
 the United States Fish Commission, in the waters of Oregon ; 
 provided, that this section shall not apply to the taking, or hav- 
 ing in possession any such oysters by said biologist. [L. 1905, 
 p. 203, § 1.] 
 
 State Biologist, Duty to Mark Location. 
 
 It shall be the duty of the State Biologist, immediately after 
 such oysters are planted, to designate the place, in such man- 
 ner as he may deem sufficient, by placing or causing to be 
 placed, stakes, post-buoys, signboards, or other devices, as the 
 condition of the location may admit ; provided, however, that 
 Fisheries 4 
 
50 Laws Pertaining to the Fishing Industry. 
 
 the extent of any portion of the natural oyster beds of Yaquina 
 Bay, Lincoln County, Oregon, which may now or hereafter be 
 occupied for the purpose of planting eastern, native, or other 
 oysters, by the State Biologist or the United States Fish Com- 
 mission, shall not exceed one acre. [L. 1905, p. 204, § 2.] 
 
 Unlawful to Remove or Damage Devices Marking Oyster Beds. 
 
 It shall be unlawful for any person or persons to wilfully or 
 maliciously remove or damage any stakes, post-buoys, sign- 
 boards, or other devices placed in the water or upon shore for 
 the purpose of designating the place where such oysters are 
 planted. [L. 1905, p. 204, § 3.] 
 
 Penalty for Violating Preceding Sections. 
 
 Any person who shall violate any of the provisions of the 
 foregoing sections of this act, shall, upon conviction, be fined 
 not less than $10 nor more than $50, or be imprisoned not less 
 than five days nor more than twenty-five days in the county 
 jail. And it shall be the duty of the State Master Fish Warden, 
 his deputies and water bailiffs, as well as peace officers, to 
 make arrests and institute prosecutions for the violation of 
 this act ; and one half of each fine collected shall be paid to 
 the informer. [L. 1905, p. 205, § 4.] 
 
 OYSTER BEDS IN NETARTS BAY. 
 
 I 4129. Oyster Plantations in Metarts Bay, Regulation of. 
 
 That portion of Netarts Bay, in Tillamook County, Oregon, 
 lying south of the quarter-section line running east and west 
 through the center of section 19, in township 2 south, range 
 10 west of the Willamette meridian, is hereby designated as 
 natural oyster beds ; and that portion of said bay lying north 
 of said quarter-section line is hereby designated and set apart 
 for artificial plantations of oysters ; and the sizes of such arti- 
 ficial plantations shall be as fixed by the local regulations of 
 any oystermen's association now existing or hereafter" o be 
 formed on said bay, not exceeding two acres in any one plan- 
 tation, and every person holding a claim for the cultivation of 
 oysters on said bay shall in all respects comply with the local 
 
Laws Pertaining to the Fishing Industry. 51 
 
 regulations applicable thereto ; provided, however, that uo per- 
 son, firm, corporation, or association shall be entitled to locate 
 more than one such claim. [L. 1901, p. 128.] 
 
 SALT WATER CRABS. 
 
 Protection of in Waters of Coos County. 
 
 That it shall be unlawful for any person within the county 
 of Coos, State of Oregon, or within or upon the waters thereof, 
 and including all bays, harbors, and inlets of said county, to 
 kill, take, capture, or destroy any greater number than fifty 
 salt water crabs in one day ; and it shall be unlawful for any 
 person, firm, or corporation, within said county, or upon the 
 waters thereof, to sell, exchange, or transport outside of said 
 county, or to have in possession, for the purpose of such ex- 
 change, sale, or transportation from said county, any of the 
 aforesaid salt water crabs ; and it shall be unlawful for any 
 steamboat company, railroad company, express company, or 
 other common carrier, or corporation, or the officers or agents 
 thereof, or any other person, to transport or carry out of said 
 county, or to receive or have in possession for the purpose of 
 such transportation therefrom, any salt water crab, except for 
 the purpose of exhibition or propagation ; provided, that this 
 act shall not apply to the canning of salt water crabs within 
 said county or the exportation of the canned product thereof. 
 [L.,1905, p. 312, §1.] 
 
 Penalty for Violating Preceding Section. 
 
 Any person or persons, or any manager, president, agent, or 
 employe of any firm or corporation, who shall violate, or shall 
 assist in violating any of the provisions of this act, shall be 
 deemed guilty of a misdemeanor, and upon conviction thereof, 
 shall be punished by a fine of not less than $25 and the costs 
 of tie prosecution, and not more than $500, together with the. 
 costs f the prosecution, and in default of payment of such fine 
 and costs, shall be imprisoned in the county jail one day for 
 every $2.00 of such fine and costs until the whole thereof shall 
 be paid. [L. 1905, p. 312, § 2.] 
 
INDEX 
 
INDEX. 
 
 ALSEA BAY— PAGE 
 
 Closed season on 6 
 
 Fish wheels, traps, etc., unlawful to have 6 
 
 To fish above Gravel Bar unlawful 6 
 
 APPEAL — 
 
 From decision of Master Fish Warden, costs 29, 80 
 
 APPLIANCES — 
 
 Confiscation of 37 
 
 Inspection by Master Fish Warden 81 
 
 Liable to execution for fines 37, 3S, 89 
 
 License for 23 
 
 To be numbered, and light displayed at night 81 
 
 Unlawful to be used without license 22 
 
 ARREriT — 
 
 Authority of Master Fish Warden to make without process 84 
 
 Resistance, how punished 81 
 
 ATTORNEY GENERAL— 
 
 Board of Fish Commissioners may require legal advice 85 
 
 Opinion of, construing sections 4085 and 4118 44 
 
 BLUEBACK SALMON — 
 
 Possession of, for sale or transportation during closed season prohibited IS 
 
 BOATS — 
 
 Used by fishermen have to be numbered 32 
 
 BOARD OF FISH COMMISSIONERS — 
 
 Expenses, how audited and paid 15, 18 
 
 How constituted 14 
 
 May apply to Attorney Genei'al for legal advice 34 
 
 May propagate food fishes 15, 16, 35 
 
 To audit bills offish warden and exercise supervisory control over 15 
 
 Shall receive no compensation 35 
 
 To construct fish way at Oregon City 43 
 
 To construct and operate hatcheries in adjoining States 17 
 
 To make additions, alterations, etc., to fish way at Oregon City 44 
 
 Traveling expenses allowed 85 
 
 Unlawful to place fish of any species or variety in waters of State without 
 
 authority 36 
 
56 
 
 Index. 
 
 BURDEN OF PROOF— page 
 
 In prosecution of violation of act relating to salmon 112 
 
 CANNERIES — 
 
 Classification 23 
 
 Classification, authority of Board of Fish Commissioners 26 
 
 Inspection of, by Master Fish Warden 29, 34 
 
 License applications to be kept by Master Fish Warden 29 
 
 License fees to be paid 23 
 
 License, what to contain 30 
 
 More than one operated by same person, separate license is required 20 
 
 Not operated preceding year, what class 26 
 
 CHINOOK SALMON — 
 
 Possession of, for sale or transportation during closed season prohibited 18 
 
 CITIZENS — 
 
 Having declared intentions, fishing restricted to , 22 
 
 License from States of Idaho and Washington sufficient, where 22 
 
 COAST STREAMS— 
 
 Closed season on 8 
 
 COLD STORAGE HOUSES— 
 
 Inspection by Master Fish Warden 34 
 
 COOS BAY— 
 
 Closed season on 17 
 
 COQUILLE RIVER — 
 
 Closed season on 7,8 
 
 DEALERS — 
 
 Classification and license fee 27, 28 
 
 Dealing in salmon without license unlawful 22 
 
 License, how obtained and amount 28 
 
 To report amount of fish purchased 21 
 
 DEPUTY FISH WARDEN — 
 
 Appointment of 14 
 
 Bond of 14 
 
 Duties of 14 
 
 Salary of 14 
 
 EXPLOSIVES — 
 
 Use of, prohibited 13 
 
 FIRE. GAME, AND FISH WARDENS - 
 
 Are created ex officio 45 
 
 FISH WARDENS — 
 
 Annual report and suggestions 34 
 
 Appeal from, and costs 29, 30 
 
 Appointment 14 
 
Index. 57 
 
 FISH WARDENS— Continued— page 
 
 Bond 14 
 
 Certificate sufficient proof of issuance of licenses 30, 81 
 
 Compensation and duties 14, 45 
 
 Concurrent jurisdiction 47 
 
 Deputy, duty and compensation 14, 45 
 
 Fees 47, 50 
 
 May arrest persons damaging devices marking oyster beds 50 
 
 May inspect canneries, places of business, and books, for what purpose 29, 34 
 
 Power to search without warrant 46 
 
 Resistance, how punished 34 
 
 Salary and expenses, how audited and paid 35 
 
 To confiscate property, when 37, 46 
 
 To keep books and devote entire time to office 33 
 
 FISH WAY— 
 
 Construction of, at Oregon City 42 
 
 Hindering passage of fish at Willamette Falls 44 
 
 Justices' courts to have concurrent jurisdiction 45 
 
 Obstruction to be removed 43 
 
 Penalty for violation of act 43 
 
 Removal of obstructions above 45 
 
 Te be under care of Board of Fish Commissioners 44 
 
 Unlawful to take fish from or within six hundred feet of any fish way 19 
 
 FISH WHEELS — 
 
 Concealed or covered prohibited 20, 21 
 
 License for stationary 23 
 
 To be placed in conspicuous place 20 
 
 Unlawful to use, without license 22 
 
 What lawful 20 
 
 FISHING DAM — 
 
 Unlawful to construct, on certain streams 9 
 
 GILL NETS — 
 
 Application for license to be made in writing 23 
 
 License fee for 23 
 
 Regulations governing use of 32 
 
 Unlawful to use, without license 22 
 
 HATCHERIES — 
 
 Commissioners to select and locate 15 
 
 Construction and operation of, in adjoining States 17 
 
 Fund, how constituted and kept 15 
 
 Maintenance of, on Columbia River 17 
 
 Private, payment to out of license money 16 
 
 Rocks and other obstructions for, authorized 17 
 
 Unlawful to injure or destroy racks, traps, etc 17 
 
 HATCHERY FUND — 
 
 How constituted and kept 15 
 
58 Index. 
 
 LICENSE— page 
 
 Procedure to obtain 22, 23 
 
 What to contain 30 
 
 OBSTRUCTION OF STREAMS— 
 
 Construction of milldam or artificial obstruction prohibited IS, 19 
 
 OYSTERS— 
 
 Artificial beds private property 48- 
 
 Close season as to natural beds 48 
 
 Natural beds free 48 
 
 Penalty for violation of act 50 
 
 Planted, unlawful to gather or have in possession 49 
 
 Plantations in Netarts Bay 50 
 
 Regulations for taking, from natural beds 49 
 
 Unlawful to remove devices marking beds 50 
 
 "PERSON" OR "PERSONS"— 
 
 Term, what to include 40 
 
 POUND NET— 
 
 Duty of owner to procure license 23 
 
 Fee for license 23 
 
 Unlawful to use without licenses ■- 22 
 
 RIPARIAN OWNERS— 
 
 Exclusive rights of 10 
 
 SALMON— 
 
 Burden of proof in prosecuting for violations of act 12, 13 
 
 Closed season, on Alsea Bay and tributaries 6 
 
 Closed season, on certain Coast streams 8 
 
 Closed season, on Columbia River east of Des Chutes 4 
 
 Closed season, on Columbia River west of Des Chutes 3 
 
 Closed season, on Coos Bay and tributaries 7 
 
 Closed season, on Coquille River ~ 
 
 Closed season, on Rogue River and tributaries 4 
 
 Closed season, on Tillamook Bay and tributaries 5 
 
 Closed season, on Umpqua River and tributaries 7 
 
 Closed season, on Willamette River and tributaries 4 
 
 Closed season, possession of unlawful 18 
 
 Closed season, contraband, disposition of money 12, 13 
 
 Defined 3 
 
 Fishing except with hook on Columbia River east of Des Chutes 4 
 
 Fishing on Willamette River south of the falls at Oregon City prohibited: — 4 
 
 Fishing without license prohibited 21 
 
 Fish wheels or traps in Alsea Bay, river, or tributaries <> 
 
 Gaffs, spears, and foul hooks prohibited, except by Indians 12 
 
 Gravid, unlawful to take 14 
 
 License, fishing without, what prohibited 21, 22 
 
 May be taken at any time by accredited officers 37 
 
 Not to be taken near fishway 18, 19 
 
 Penalty for violating act regarding 42 
 
Index. 59 
 
 SALMON— Continued— page 
 
 Placing explosives or poisonous substances in water unlawful 13 
 
 Possession during close season unlawful 18 
 
 Prohibiting construction, operation, and maintenance of fish traps, nets, 
 
 etc., in Necanicum River 10 
 
 Seines and nets, exclusive right of riparian owners 10 
 
 Spawning, unlawful to take '. 11 
 
 Traps, weirs, fishing dams, and fish wheels in certain streams prohibited 9 
 
 Unlawful to take within two miles of any hatchery, rack, or trap 17 
 
 Wheel, what unlawful 20 
 
 Young, what unlawful to take 11 
 
 SALT WATER CRAB — 
 
 Protection of, in waters of Coos County 51 
 
 Penalty for violation of act 51 
 
 Unlawful to transport, by corporations 51 
 
 SAWDUST, ETC.— 
 
 Discharging of, in any waters flowing into Pacific Ocean prohibited 20 
 
 Penalty for violation of act 20 
 
 SEINE — 
 
 Mesh to be measured diagonally 11 
 
 Penalty for violation 11 
 
 SET NET — 
 
 Application for license to use 23 
 
 Construction and operation of, in Necanicum Creek 10 
 
 Fees for license 23 
 
 Regulations to govern 31, 32 
 
 Unlawful to use, without license 22 
 
 SILVERSIDE SALMON — 
 
 Possession of, for sale for transportation during closed season prohibited 18 
 
 STEELHEAD SALMON — 
 
 Possession of, for sale for transportation during closed season prohibited 18 
 
 STREAM — 
 
 Closed for purposes of propagation 35 
 
 STATE BIOLOGIST — 
 
 Duty of, to mark location of oysters planted ., 49 
 
 STURGEON — 
 
 Chinese sturgeon lines prohibited 42 
 
 Closed season for 40, 41 
 
 Officers to seize and destroy lines 42 
 
 Penalty for violating act 42 
 
 Use and disposition of fines 42 
 
 Young, unlawful to take, and penalty 41 
 
 TILLAMOOK BAY— 
 
 Closed season on 5 
 
60 Index. 
 
 TRAP, WEIR, ETC.— page 
 
 License fees to be paid 23 
 
 Owner must file map 81 
 
 Owner must erect monument 31 
 
 To be numbered in conspicuous place 31 
 
 To display light at night 31 
 
 YAQUINA BAY— 
 
 Unlawful to fish above mouth of Mill Creek except with hook and line 5 
 
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