Daily Capital Journal

FISHING LAWS

Some of the Important Changes Made

The fishing industry of Oregon received favorable consideration at the hands of the legislature. All the recommendations embodied in the annual report of the master fish warden were incorporated into laws. The legislature considered his experience, devoid of personal interests, was paramount to that of Mr. Seufert of The Dalles or of Mr. Warren of Portland, who were more interested in securing legislation of particular local benefit to them than to the fishing industry of the state. Among the amendments are the following:

Section 4052 was amended so as to prohibit the taking of fish in any manner whatever during their spawning season, or on any spawning bar or shallow water salmon are wont to lie and deposit their spawn, in any of the waters of the state or the Columbia river.

Section 4098 was amended to read as follows:

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 on 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 operate such net, the number designated in said license preceded by a "W" if issued by the fish commissioner of the state of Washington, 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 operator 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 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 and fine.

Section 4111. 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 salmon fish or sturgeon, which shall be used or employed to take or catch salmon fish or sturgeon by any person, firm or corporation, or which may be left in condition to take 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, by any person, firm or corporation has not obtained a license to operate such appliance, in fishing for or catching salmon fish or sturgeon, shall be declared to be a public nuisance and may be abated and summarily destroyed by any fish warden, deputy warden or water bailiff, and no action for damages shall lie or be maintained against said fish warden, deputy warden or water bailiff for such seizure and destruction, and it is hereby made the duty of the fish warden, deputy wardens and water bailiffs to seize, remove and forthwith destroy such unlicensed appliance found fishing or catching, or left in a condition to catch or take salmon fish or sturgeon in any of the waters over which this state has concurrent jurisdiction.