Oregon Revised Statutes

Or. Rev. Stat. § 509.031 (2026)

Rainbow trout as game fish; return to water of incidental commercial catch

✓ current as of May 2026
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      509.031 Rainbow trout as game fish; return to water of incidental commercial catch. (1) It shall be the policy of the State of Oregon that rainbow trout, Oncorhynchus mykiss, including steelhead trout are game fish, and shall be managed to provide recreational angling for the people and to protect wild native stocks. Recognizing that rainbow trout are sometimes intermingled with food fish, the State Fish and Wildlife Commission shall regulate to minimize the incidental catch of rainbow trout that may be taken under subsection (2) of this section by commercial fishing gear, including but not limited to regulations as to season, gear and area.

      (2) Any rainbow trout, Oncorhynchus mykiss, including steelhead trout taken as an incidental catch, by any person fishing commercially shall be returned immediately to the water and shall not be bought or sold within the state.

      (3) Nothing in this section is intended to affect Indian fishing rights as granted by federal treaties. [1975 c.1 §2 (enacted in lieu of 509.030); 1987 c.199 §1; 1991 c.47 §1]

 

      509.035 [Repealed by 1965 c.570 §152]

 

      509.036 [1973 c.500 §§6,7; repealed by 1975 c.416 §2]

Notes of Decisions
Cited in 1 case, 1986–1986 · leading case: State v. Heuker, 730 P.2d 1258 (Or. Ct. App. 1986).
State v. Heuker, 730 P.2d 1258 (Or. Ct. App. 1986). · cites it 8× “) Defendant argues that the mere possession of steelhead is not prohibited by ORS 509.031, which the state contends authorized the State Fish and Wildlife Commission to promulgate the regulation, and that, therefore, the commission exceeded the scope of its delegated rulemaking…”
— Or. Rev. Stat. § 509.031(1) — 1 case
State v. Heuker, 730 P.2d 1258 (Or. Ct. App. 1986). “) Defendant argues that the mere possession of steelhead is not prohibited by ORS 509.031, which the state contends authorized the State Fish and Wildlife Commission to promulgate the regulation, and that, therefore, the commission exceeded the scope of its delegated rulemaking…”
— Or. Rev. Stat. § 509.031(2) — 1 case
State v. Heuker, 730 P.2d 1258 (Or. Ct. App. 1986). “) Defendant argues that the mere possession of steelhead is not prohibited by ORS 509.031, which the state contends authorized the State Fish and Wildlife Commission to promulgate the regulation, and that, therefore, the commission exceeded the scope of its delegated rulemaking…”
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