2017 ORS 509.140¹
Placing explosives or harmful substances in waters in course of lawful work
  • permit

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

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

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

(b) Prescribe such precautions as will save fish from injury.

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

Notes of Decisions

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

Law Review Cita­tions

2 EL 93 (1971)

1 Legislative Counsel Committee, CHAPTER 509—General Protective Regulations, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors509.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 509, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano509.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.