justicedao/ipfs_state_laws huggingface dataset:
635-023-0140 Youngs Bay Control Zone (1) The current annual Oregon Sport Fishing Regulations provide requirements for the Columbia River Zone. However, additional regulations may be adopted in this rule division from time to time, and, to the extent of any inconsistency, they supersede the current annual Oregon Sport Fishing Regulations . (2) The Youngs Bay Control Zone is closed to recreational angling from August 1 through September 15. (a) The Youngs Bay Control Zone is defined as those waters southerly of a line originating on the Oregon shore at the east end of the seawall at the Warrenton Fiber log yard (approximately river mile 10.1) northeasterly through green navigation buoys 29, 31, 33, and 35A to the center of the Astoria-Megler Bridge abutment adjacent to, and north of the ship channel, and continuing southerly in line with the center of the Megler Bridge span to the Oregon shore. (b) The Youngs Bay Control Zone includes all waters from the line defined in section (2)(a) above south to the Highway 101 Bridge. Statutory/Other Authority: ORS 496.138 & ORS 496.146 Statutes/Other Implemented: ORS 496.162 History: DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024 DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023 DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022 DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021 DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020 DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019 DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18 DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17 DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16 DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15 DFW 9-2014, f. & cert. ef. 2-10-14 DFW 4-2014(Temp), f. 1-23-14, cert. ef. 2-1-14 thru 7-30-14
635-024-0080 Purpose and Scope (1) The purpose of Division 024 is to provide for management of sport fisheries in the Snake River Zone over which the State has jurisdiction. (2) Division 024 incorporates by reference the most current version of the annual 2026 or 2027 Oregon Sport Fishing Regulations. Therefore, persons must consult the current annual Oregon Sport Fishing Regulations in addition to Division 011 and Division 024 to determine all applicable sport fishing requirements for the Snake River Zone. Statutory/Other Authority: ORS 496.138 & ORS 496.146 Statutes/Other Implemented: ORS 496.162 History: DFW 146-2025, amend filed 12/31/2025, effective 01/01/2026 DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024
635-024-0090 Inclusions and Modifications The current annual Oregon Sport Fishing Regulations provide requirements for the Snake River Zone. However, additional regulations may be adopted in this rule division from time to time, and, to the extent of any inconsistency, they supersede the current annual Oregon Sport Fishing Regulations . Statutory/Other Authority: ORS 496.138 & ORS 496.146 Statutes/Other Implemented: ORS 496.162 History: DFW 95-2025, temporary suspends temporary DFW 88-2025, filed 10/03/2025, effective 10/04/2025 through 12/31/2025 DFW 88-2025, temporary amend filed 09/17/2025, effective 09/19/2025 through 12/31/2025 DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024
635-040-0000 Definitions and Purpose This rule describes the definitions to be used by the Oregon Fish and Wildlife Commission and the Oregon Department of Fish and Wildlife in interpreting the statutes and the rules, and provides a description of the purpose of the rules: (1) Definitions in OAR 635-007-0501 and the following definitions apply to this Division: (a) “Annual production program limit” means the number of fish annually authorized by the Department to be released; (b) “Naturally adapted stocks” means stocks which have adapted to the local environment such that they are capable of reproducing and surviving under local conditions; (c) “Principal” means any person or entity owning five percent or more of a company; general partners, president, vice-president, chief executive officer and directors; (d) “Private salmon hatchery” means the location from which anadromous fish may be released for migration to the ocean and at which returning adult salmon are captured for processing or retention as brood stock. Such location, also known as the “release/recapture site,” shall be designated in the private salmon hatchery permit; (e) “Release limits” means the maximum number of fish authorized to be released annually. This number, specified in a permit or in writing by the Department, does not entitle permittee to make annual releases of this number but rather functions as a ceiling on the number allowed to be released in the annual production program. (2) The purpose of these rules is to describe policies, standards and procedures concerning: (a) Application for private salmon hatchery permits; (b) Evaluation of applications for private salmon hatchery permits; (c) Permitting of private salmon hatcheries; (d) Operation of private salmon hatcheries, including changes in operation and termination; (e) Transfer of private salmon hatchery permits; (f) Monitoring of private salmon hatchery operations. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90 FWC 25-1984, f. 6-21-84, ef. 7-1-84
635-040-0001 Private Salmon Hatchery Policy (1) The Commission recognizes the intent of the Legislature (ORS 508.700 through 508.745) to permit the establishment and operation of private salmon hatcheries. Oregon law provides that the role of private hatcheries is to optimize the long-term contribution to Oregon’s salmon resource under regulations which shall prevent the deterioration of any natural run of anadromous fish or populations of resident fish. (2) These rules are not intended to prevent or eliminate any currently active permitted operation. Where a proposed operation has met the statutory criteria and been issued a permit, the Commission intends that the private salmon hatchery be operated in a manner consistent with Oregon law. (3) Private salmon hatcheries shall use or develop stocks that are, to the fullest extent possible, compatible with naturally adapted stocks in accordance with OAR 635-007-0521 through 635-007-0529 and fish management plans of the Department, and as they may be amended. (4) Private salmon hatcheries shall be limited in numbers of fish permitted to be released, based on: (a) The technical and financial capabilities of the permittee; (b) The Department’s evaluation of the permittee’s proposed program; and (c) The consistency of the proposed program with the goals and guidelines of the Land Conservation and Development Commission and fish management plans of the Department. (5) Private salmon hatcheries shall be regularly monitored to insure compliance with ORS 508.700 through 508.745 and all applicable regulations. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90 FWC 25-1984, f. 6-21-84, ef. 7-1-8
635-040-0007 Moratorium on Private Salmon Hatchery Permits and Revisions to Permits This section describes the moratorium which currently exists for new permits for private salmon hatcheries, as well as for revisions to existing permits which increase release limits specified in those permits or otherwise specified by the Department: (1) No applications for private coho, chinook, or chum salmon hatchery permits shall be accepted, nor shall any permits be issued, through December 31, 1995, by which time this rule shall be reviewed by the Commission to determine if the moratorium should be continued. In addition, no revisions shall be made through December 31, 1995, to increase limits specified in existing permits or specified by the Department subsequent to issuance of the permit. (2) Existing permits may be transferred pursuant to OAR 635-040-0025. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 127-1990, f. 12-24-90, cert. ef. 1-1-91 FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90 FWC 80-1985, f. 12-16-85, ef. 1-1-86 FWC 80-1982, f. & ef. 11-4-82 FWC 78-1982(Temp), f. & ef. 11-4-82 FWC 67-1982(Temp), f. & ef. 9-28-82 FWC 69-1980, f. & ef. 12-15-80
635-040-0012 Release Limits Each permit shall specify release limits. If limits were not specified in permits already issued, the Department has specified, in writing, applicable release limits for those permits, and any transferee is bound by those specified limits. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90
635-040-0014 Permits, Licenses and Reports Required of Private Salmon Hatchery Operators This rule cross-references and lists other permits, licenses, and reports required of private salmon hatchery operators. Private salmon hatchery operators shall obtain the following permits and provide the following reports: (1) Wholesale Fish Dealer License. Each private salmon hatchery operator who harvests salmon pursuant to permits issued under ORS 508.700 shall first obtain a wholesale fish dealer license. Monthly reports and payment of poundage fees are required as provided in OAR 635-006-0200 through 635-006-0220 on all fish harvested upon return to the private hatchery. No poundage fees are required for those returning fish which are released alive in waters of the state. (2) Fish Propagation License. Fish propagation licenses are required for private hatcheries and support facilities which propagate, rear for sale, or sell live fish which are not released. Regulations governing fish propagation licenses are found in OAR 635-007-0650 through 635-007-0670. A fish propagation license is not required for incubation and rearing for release of permitted species at the authorized private salmon hatchery site. (3) Fish Transport Permit. Fish transport permits are required as provided in OAR 635-007-0600. (4) Release Permits. Separate release permits are required for each group or period in which fish are released from the release-recapture sites. It is expected that such period shall generally be on a two-week basis. (5) Reports of Disease Examinations. Reports of disease examinations, indicating disease status, are required prior to release, in accordance with ORS 508.715(2). Disease examinations conducted within six weeks prior to release meet the requirements of this section. (6) Monthly Reports. Reports of all fish released are required. Such reports shall include: Species, number, number marked, tag loss, size, and dates of release. Each operator shall verify the data contained in monthly reports as shown in the annual Department summary report of all releases. (7) Biological Data. The Department may require reports showing biological data from salmon returning to private hatchery facilities for the monitoring and evaluation of hatchery operations. The mark recovery information from these reports shall be provided to the regional Mark Processing Center by the Department. (8) Monthly Reports of Fish on Hand. Monthly reports of fish on hand at each facility, whether operated by the permittee or by a contractor on the permittee’s behalf, shall be submitted to the Department. (9) Fish Loss Report. A report of any fish loss which exceeds 0.1 percent per week in any one pond shall be immediately made to Fish Propagation Section of the Department by telephone and by written report as provided in OAR 635-007-0580. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90
635-040-0015 Purchase of Salmon Eggs from the Department This section describes salmon eggs, fry or fingerlings which may be made available by the state to private hatchery permittees, as well as the Department’s priority list for purchase of eggs, fry and fingerlings: (1) Chinook, chum, or coho (silver) salmon eggs, fry or fingerlings which are surplus to the needs of the state and the STEP program may be made available for sale to private salmon hatchery permittees through state fish culture facilities, based on the criteria set forth in OAR 635-007-0825. (2) Upon written request, a permittee shall be placed on a list, in order of priority based on OAR 635-007-0830, to purchase salmon eggs, fry and fingerlings. Salmon eggs, fry, or fingerlings shall be made available for purchase based on the priority set forth in OAR 635-007-0830. (3) Refusal to pick up eggs when offered shall result in a permittee being moved to the bottom of the priority list, and behind other private salmon hatchery permittees. (4) In determining a reasonable fee for salmon eggs as provided in ORS 508.730, the Department shall consider all costs in providing such eggs and the market value of viable salmon eggs and carcasses. Payment in full at the time of order shall be required if fish shall be held for maturation for a period longer than 30 days. Statutory/Other Authority: ORS 506 & 508 Statutes/Other Implemented: ORS 506 & 508 History: FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90 FWC 44-1981, f. & ef. 12-21-81 FWC 66, f. 7-30-76, ef. 8-2-76, Renumbered from 625-030-0110 FC 271(74-3), f. 1-30-74, ef. 2-25-74 FC 266(73-9), f. 8-1-73, ef. 8-15-73
635-040-0018 Use of Wild Salmon for Private Salmon Hatchery Seed Stock This section describes the prohibition on the taking of wild chinook or coho as seed stock by private salmon hatchery permittees, as well as the circumstances in which wild chum salmon seed stock may be authorized to be taken by private hatchery permittees: (1) Wild chinook or coho shall not be taken as a source of seed stock by a private salmon hatchery permittee. Wild chinook, coho, or chum may be taken by the Department to establish a seed stock at any hatchery, whether public or private, provided that sufficient fish are returned to the donor stream to compensate fully for native smolts which might have resulted from eggs removed from the donor stock in accordance with ORS 496.455. (2) Upon request, the Department may authorize a private salmon hatchery permittee to take wild chum salmon as a source of initial seed stock. The Department shall approve such request only if the quantity of chum salmon to be removed from a stream shall not adversely affect natural chum salmon production in such stream and the requirements of ORS 496.455 are met. The terms and conditions under which such native chum salmon may be taken from a stream and the fee to be charged for such chum shall be included in and made a part of the permit granted by the Commission pursuant to ORS 508.700 through 508.745. (3) Salmon eggs may also be collected by the Department and provided to a permittee in accordance with ORS 496.455 to meet specific Department management objectives. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90
635-040-0020 Areas Closed to Private Salmon Hatchery Release and Recapture Sites This rule describes the streams and locations which are closed for siting of private salmon hatcheries facilities: (1) No permits shall be issued for any private salmon hatchery to be located above the head of tidewater, except sites may be located a short distance above the mouth of small direct tributaries to the ocean. Sites shall not be located in the freshwater portion (above tidewater) of any stream which has the potential for natural production of significant numbers of anadromous fish. (2) The following streams, their tributaries and included tidal reaches are closed to siting of private salmon hatcheries: (a) Major streams: (A) Columbia: (i) Columbia system above Tongue Point; (ii) Youngs River including Klaskanine River above Battle Creek Slough; (iii) Lewis and Clark River above Johnson Slough; (iv) Skipanon River above Taylor Lake outlet. (B) Necanicum River above Neawanna Creek; (C) Elk Creek and estuary; (D) Nehalem: (i) Nehalem system above Foley Creek; (ii) North Fork Nehalem River above Anderson Creek. (E) Tillamook: (i) Miami River above Illingsworth Creek; (ii) Kilchis River above Neilson Slough; (iii) Wilson River above Hall Slough; (iv) Trask River above its confluence with Tillamook River; (v) Tillamook River above Fagan Creek. (F) Netarts — Netarts Bay and its entire drainage; (G) Nestucca: (i) Nestucca system above Cannery Point; (ii) Little Nestucca River above Meda bridge. (H) Neskowin Creek in its entirety; (I) Salmon River System and estuary; (J) Siletz: (i) Schooner Creek in its entirety; (ii) Drift Creek in its entirety; (iii) Siletz River above Skunk Creek. (K) Yaquina River system above Babcock Creek; (L) Alsea River system and estuary; (M) Yachats River system and estuary; (N) Big Creek (Lane County system); (O) Siuslaw: (i) Siuslaw system above Hadsall Creek; (ii) North Fork Siuslaw River above Lindsley Creek. (P) Siltcoos system; (Q) Tahkenitch Creek system; (R) Umpqua: (i) Smith system above Noel Creek; (ii) Umpqua system above Mill Creek. (S) Tenmile Creek system (Tenmile Lakes); (T) Coos: (i) Coos system above the Millicoma (the Forks); (ii) Millicoma system above South Coos (the Forks). (U) Coquille: (i) Ferry Creek in its entirety; (ii) Coquille system above Beaver Slough. (V) Floras Creek/New River system; (W) Sixes River system and estuary; (X) Elk River system and estuary; (Y) Euchre Creek system and estuary; (Z) Rogue River system and estuary; (AA) Hunter Creek System and estuary; (BB) Pistol River system and estuary; (CC) Chetco River system and estuary; (DD) Winchuck River system and estuary. (b) Miscellaneous small streams as may be specified by the Department which enter the ocean through tourist facilities such as state parks and waysides or are contiguous to wild, scenic, or wilderness areas. Statutory/Other Authority: ORS 508 Statutes/Other Implemented: ORS 508 History: FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90 FWC 1-1980, f. & ef. 1-7-80 FWC 66, f. 7-30-76, ef. 8-2-76, Renumbered from 625-030-0115
635-040-0022 Annual Production Program Review This rule describes the requirement of an annual general plan for fish releases, and the criteria by which the Department shall review and approve or disapprove the plan. This rule also describes the requirement of an annual detailed salmon production program: (1) An annual general plan for fish proposed to be release during the calendar year showing species, stock and numbers of each shall be submitted to the Department prior to collection of broodstock, or by July 20 of the preceding year, whichever is the earlier date. The Department shall review and approve or disapprove the plan in accordance with the criteria set forth in OAR 635-007-0810 et seq. In the event that the Department disapproves the plan, the Department and the permittee shall consult on changes to be made to the plan in order to satisfy the Department that the criteria have been met, based on consideration of the financial and technical capability of the permittee and on estimated biological impacts of such releases. (2) A detailed salmon production program, including proposed fin marking and release size and time, shall be submitted to the Department in January of each year, to be applicable to that year. The Department shall review and approve or disapprove the program in accordance with the criteria set forth in OAR 635-007-0810 et seq. In the event that the Department disapproves the program, the Department and the permittee shall consult on changes to be made to the program in order to satisfy the Department that the criteria have been met. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90
635-040-0107 Hatchery Operational Plans (1) The hatchery operational plans listed in section (2) of this rule have been adopted by the Oregon Fish and Wildlife Commission on the dates specified and are incorporated here by reference. Copies are available from the office of the Oregon Department of Fish and Wildlife. (2) The hatchery operational plans referenced in section (1) of this rule are for the following: (a) Anadromous, Inc., adopted January 19, 1990, as amended on April 17, 1991, by the Commission; (b) Oregon Pacific Salmon Ranch adopted September 19, 1990; (c) OreAqua, Inc., adopted March 6, 1991. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 45-1991, f. 5-1-91, cert. ef. 5-6-91 FWC 29-1991, f. & cert. ef. 3-15-91 FWC 108-1990, f. & cert. ef. 10-1-90 FWC 7-1990, f. & cert. ef. 1-29-90
635-040-0200 Fish Production Facilities and Areas — Definitions For the purpose of OAR 635, divisions 007 and 040: (1) “Net Pens” means facilities constructed of floats and nets for the purpose of holding fish for propagation in open water areas of waterways. (2) “Cage-Culture” means the use of enclosed containers suspended in the water column for the purpose of containing fish for propagation. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90
635-040-0202 Purpose The purpose of these rules is to: (1) Provide for the orderly development of fish production in suitable areas of waterways and in quantities acceptable for those areas. (2) Recognize that limited suitability of Oregon’s small, shallow estuaries for extensive net pen culture or cage culture will prevent extensive production with net pens. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90
635-040-0205 Policy It is the policy of the Oregon Fish and Wildlife Commission to provide for the development of fish production in net pens where such operations meet the standards set by the Department of Fish and Wildlife for fish propagation and fish transfer; by the Department of Environmental Quality for waste discharge; and by the Division of State Lands for siting and use of surface area and installation of facilities. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90
635-040-0210 Areas of Department Concern The Department of Fish and Wildlife may comment on applications for net pen facilities to other state, county, and federal agencies. In determining whether to grant permits and in commenting on permit applications to other state, county, and federal agencies, the Department shall consider, but not be limited to: (1) Protection of natural fish production in surrounding waters and nearby submerged areas. (2) Continued availability of recreational areas of state waters for public use. (3) Compatibility with state and local land use plans and documented in accordance with OAR 635-040-0009(4)(d). (4) Control of fish introduction, fish health and general operations through the fish propagation license, fish transport permits and other applicable regulations. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90