(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.

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[Amended by 1957 c.135 § 1; 1963 c.111 § 1; 1965 c.570 § 135; 1987 c.488 § 2; 1993 c.478 § 9; 1995 c.426 § 6; repealed by 2007 c.625 § 16]