(1) Subject to ORS § 509.645, when the State Department of Fish and Wildlife requires fish passage to be provided pursuant to ORS § 509.585, the person owning or operating an artificial obstruction shall keep the fish passage in such repair as to provide adequate fish passage of native migratory fish at all times.

Terms Used In Oregon Statutes 509.610

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) Each day of neglect or refusal to comply with subsection (1) of this section, after notification in writing by the department, constitutes a separate offense.

(3) A person owning or operating an artificial obstruction is responsible for maintaining, monitoring and evaluating the effectiveness of fish passage or alternatives to fish passage. [Amended by 1955 c.707 § 52; 1965 c.570 § 132; 2001 c.923 § 9]

 

[Amended by 1957 c.135 § 1; 1963 c.111 § 1; 1965 c.570 § 135; 1987 c.488 § 2; 1993 c.478 § 9; 1995 c.426 § 6; repealed by 2007 c.625 § 16]