justicedao/ipfs_state_laws huggingface dataset:
635-009-0240 Grant Agreement (1) Project sponsors, other than the Department, shall enter into a Grant Agreement with the Department prior to undertaking the project. The project sponsor shall obtain all necessary water rights, access agreements, easements, use permits or any other permits needed to undertake the project. Copies shall be provided prior to commencing the project. (2) No funds shall be disbursed under a Grant Agreement until the Department receives satisfactory evidence that necessary permits and licenses have been granted and required documents submitted. (3) Advance funds may be released upon presentation of a detailed estimate of expenses for a time period specified in the Grant Agreement. No additional funds will be released until all receipts for expenditures of a previous fund release are submitted. (4) The project sponsor shall account for funds distributed by the Department, using project expense forms provided by the Department. Funds may be released upon presentation of a completed Fund Release Request Form accompanied by proof of completion of specific work elements of the project as identified in the Grant Agreement. Proof of completion may be made through presentation of paid receipts of invoices for materials of contracted labor, or inspection reports. (5) The project sponsor shall agree to complete the project as approved by the Commission and within the time frame specified on the Grant Agreement. (6) The project sponsor shall file a written request for permission to amend or expand the project or the time schedule including the rationale for the requested change. Proposed modifications shall be submitted and approved prior to the beginning of any work proposed in the modification. (7) The project sponsor shall submit a project report at the completion of the project describing the work done. (8) The project sponsor shall allow Commission, Board members, or Department staff, access to the project to monitor and evaluate the project. (9) The project sponsor shall maintain the project for a period of time as deemed appropriate by the Commission. Statutory/Other Authority: ORS 512 Statutes/Other Implemented: ORS 512 History: DFW 170-2019, amend filed 12/09/2019, effective 01/01/2020 FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89
635-009-0400 Cooperative Salmon Hatchery Program Purpose (1) These Rules guide the operation and project selection of cooperative salmon hatchery projects. (2) The purpose of these rules is to describe policies, standards, and procedures concerning: (a) Application for cooperative salmon hatchery projects; (b) Evaluation of applications for cooperative salmon hatchery projects; (c) Operation of cooperative salmon hatchery projects, including changes in operation and termination; (d) Monitoring and evaluation of cooperative salmon hatchery projects; (e) Disposal of fish and fish products produced by cooperative salmon hatchery projects; (f) Duties and responsibilities of cooperators in cooperative salmon hatchery projects; (g) Effects on native fish populations of the project. Statutory/Other Authority: ORS 496.138 & 506.119 Statutes/Other Implemented: ORS 496.146 & 506.124 History: FWC 15-1997, f. & cert. ef. 3-10-97
635-009-0405 Cooperative Salmon Hatchery Program Definitions The following definitions shall apply to cooperative salmon hatchery projects: (1) Definitions listed in OAR 635-007-0501. (2) “Acclimation” means to hold juvenile fish at a site other than where they were reared, for a specified length of time immediately prior to release at the site, in order to cause them to imprint on and return to the site as adults. (3) “Brood stock Development” means a project in which adults will return to a recapture facility to provide a local brood stock egg source for local management programs. (4) “Commission” means the Oregon Fish and Wildlife Commission. (5) “Cooperative Salmon Hatchery Project” means any fish propagation enhancement project authorized under these rules in which the department and the project sponsor share the costs and/or responsibilities of fish propagation. (6) “Cooperator” means party participating in a cooperative salmon hatchery project. (7) “Department” means the Oregon Department of Fish and Wildlife. (8) “Enhancement” means management activities including rehabilitation and supplementation that increase fish production beyond the existing levels. (9) “Fish Propagation” means the spawning, incubating, and/or rearing of fish by a human for sale, release, or other uses. (10) “Life cycle” means: (a) Coho salmon — three years; (b) Chinook salmon — five years; (c) Chum salmon — four years. (11) “Mark” means a distinctive identification such as a removed fin and/or characteristic scale pattern; a coded-wire tag imbedded in the fish in addition to a removed adipose fin; or some other method approved by the department for the purpose of identifying the origin of the fish. (12) “Private Nonprofit Organization” means any organization recognized as such under Section 501(c)(3) of the Internal Revenue Code for purposes of charitable tax exemption. (13) “Project Sponsor” means any public, private nonprofit, or STEP organization proposing or cooperating in a cooperative salmon hatchery project. (14) “Public Organization” means any public agency in the State of Oregon, including but not limited to agencies of the state, counties, cities, municipalities, special districts, school districts, port districts, cooperating agencies pursuant to ORS 190.110, and public institutions of higher education. (15) “Rehabilitation” means short-term management actions which may include fish stocking, habitat improvement, harvest management, or other work, that restore fish populations depressed by natural or man-made events. (16) “Salmon” means coho salmon, chinook salmon, and chum salmon. (17) “STEP” means Salmon Trout Enhancement Program. (18) “Stocking” means to release hatchery produced fish into state waters. (19) “Supplementation” means continued planting of fish to maintain or increase fish abundance in areas where natural production is insufficient to meet management objectives. Statutory/Other Authority: ORS 496.138 & 506.119 Statutes/Other Implemented: ORS 496.146 & 506.124 History: FWC 15-1997, f. & cert. ef. 3-10-97
635-009-0410 Cooperative Salmon Hatchery Program Policy and Goals (1) The department recognizes natural production, public hatchery, STEP, and cooperative hatchery production as necessary and critical elements in the state’s salmon production system in order to provide harvest opportunities for Oregon’s citizens. (2) Cooperative salmon hatchery project goals are: (a) Provide the greatest possible opportunity for citizen participation in achieving the department's management objectives; (b) Promote local economic development and enjoyment of the state’s salmon resource by all the citizens of Oregon; (c) Provide for harvest opportunities and local production needs; (d) Protect and restore natural populations of salmon through the use of hatchery technology where appropriate; (e) Develop new sources of revenue or support for production of hatchery salmon in Oregon. Statutory/Other Authority: ORS 496.138 & 506.119 Statutes/Other Implemented: ORS 496.146 & 506.124 History: FWC 15-1997, f. & cert. ef. 3-10-97
635-009-0415 Cooperative Salmon Hatchery Program Project Limitations (1) Duration. (a) All cooperative salmon hatchery projects are subject to an annual review. Projects may be approved for the following length of time: (A) Rehabilitation project: (i) Coho salmon — three years; (ii) Chinook salmon — five years; (iii) Chum salmon — four years. (B) Supplementation project: Five years. (b) A new project proposal must be submitted and approved if the project is to continue beyond the time period authorized in section (1)(a) of this rule. (2) Number of Fish Released. (a) Total releases of hatchery fish (including cooperative salmon hatchery releases) shall not exceed limits on releases of hatchery fish established in an approved basin plan for the species and basin where the cooperative salmon hatchery fish are released. Priority of release of hatchery fish for compliance with this limit will be determined by OAR 635-007-0817; (b) In basins without an approved basin plan, cooperative salmon hatchery releases shall not exceed 150,000 fish of each species reared, unless the commission approves pursuant to OAR 635-009-0430. Statutory/Other Authority: ORS 496.138 & 506.119 Statutes/Other Implemented: ORS 496.146 & 506.124 History: FWC 15-1997, f. & cert. ef. 3-10-97
635-009-0420 Cooperative Salmon Hatchery Program Project Application (1) Any public, private nonprofit, or STEP organization may propose a cooperative salmon hatchery project to the department. Projects may include but are not limited to: fish propagation, brood stock development, acclimation, and fish stocking. (2) Proposed projects shall be submitted in writing on forms provided by the department. (3) A separate application is required for each proposed project or project site. (4) The department may assist in the development of project applications. (5) Project applications shall include: (a) Project Summary — Including a list of cooperators, name and phone number of contact person for each cooperator, proposed funding source, and project goals; (b) Project Description — Including enhancement goal (rehabilitation or supplementation), type of project (fish propagation, brood stock development, acclimation, or fish stocking), location and physical layout of the facility, water supply (source, quantity, presence or absence of fish, and manner of access), proposed production (species, stock, number of fish, and release location), and expected duration of project (ongoing or beginning and ending dates); (c) Project Justification — Including need for project, expected costs and benefits of project, expected local consequences (positive or negative) of project (biological, social, and economic), and local support for project; (d) A copy of all leases, options, easements, or other instruments by which project sponsor purports to have sufficient property rights pertaining to the proposed site to permit conduct of the proposed operation; (e) A copy of all federal, state, and local licenses or permits required to permit conduct of the proposed operation; (f) A statement from the appropriate local planning authorities of the county or other jurisdiction within which the proposed hatchery or release site is located, analyzing whether or not, in the opinion of the local jurisdiction, the proposed operation is in compliance with the local jurisdiction's comprehensive land-use plan and other applicable laws. (6) Incomplete applications shall be returned to the project sponsor for completion. (7) The department may require any additional information it deems necessary in order to evaluate the project proposal. Statutory/Other Authority: ORS 496.138 & 506.119 Statutes/Other Implemented: ORS 496.146 & 506.124 History: FWC 15-1997, f. & cert. ef. 3-10-97
635-009-0425 Cooperative Salmon Hatchery Program Project Application Review (1) Completed applications will be reviewed by the department. As part of the review the department will solicit public review and comments on the application. The department will determine the method of soliciting public review and comments, which may include local public notice and/or local public meeting. (2) In determining whether to accept or reject a proposed project the department shall consider but is not limited to considering: (a) Compliance with fish management goals and objectives as set forth in OAR 635-007-0501 through 635-007-0830, and species and/or area management plans adopted by the commission; (b) Compliance with OAR 635-040-0200 through 635-040-0210 for projects involving net pens or cage-culture; (c) The department’s ability to fulfill its obligations under the project (including funding, staffing, equipment, and facilities); (d) The project sponsor’s ability to fulfill its obligations under the project (including funding, staffing, equipment, and facilities); (e) Availability of eggs or fish from an approved stock for project needs; (f) Effect of the project on other department management activities; (g) Analysis of the benefits and costs of the proposed project; (h) Evidence of local need and support; (i) Use of sound biological principles, appropriate methods, and hatchery practices to accomplish the project objectives; (j) The department’s sole judgment as to the benefits of the project when considered on its own as well as in the context of other activities in the basin; (k) Public review and comments. Statutory/Other Authority: ORS 496.138 & 506.119 Statutes/Other Implemented: ORS 496.146 & 506.124 History: FWC 15-1997, f. & cert. ef. 3-10-97
635-009-0430 Cooperative Salmon Hatchery Program Project Approval (1) Following completion of the project application review (OAR 635-009-0425) the department shall advise the project sponsor in writing of the department’s acceptance, rejection, or referral to the commission of the proposed cooperative salmon hatchery project. The notification of rejection shall include the reason(s) for rejection. (2) At the written request of any person, including but not limited to the project sponsor, the commission may review the department’s decision to accept or reject a project. (a) The written request for commission review shall address the factors listed in OAR 635-009-0425 and any other concerns which the requester considers relevant; (b) If the commission chooses to review the department’s decision it shall provide an opportunity for public testimony before making a decision. (3) Referral shall occur when the department is satisfied that the project meets the criteria of OAR 635-009-0425(2), but the proposed releases exceed the limits established in OAR 635-009-0415(2). (a) When a project is referred to the commission, the commission shall schedule the matter for consideration at a commission meeting; (b) The commission’s decision on a referred project shall include but not be limited to consideration of the factors enumerated in OAR 635-009-0425(2). Statutory/Other Authority: ORS 496.138 & 506.119 Statutes/Other Implemented: ORS 496.146 & 506.124 History: FWC 15-1997, f. & cert. ef. 3-10-97
635-009-0440 Cooperative Salmon Hatchery Program — Disposal of Fish and Fish Products (1) All fish produced as a result of a cooperative salmon hatchery project remain the property of the State of Oregon and are subject to harvest in any and all public fisheries. (2) All fish returning to a cooperative salmon hatchery project must be handled and/or disposed of as directed by the department. (3) Fish and eggs collected at a cooperative salmon hatchery project site are subject to the following priorities for use: (a) Natural and artificial production needs of the department; (b) Needs of the STEP program; (c) Needs of the cooperative salmon hatchery program; (d) Indian ceremonial needs pursuant to ORS 496.201 to 496.221. (4) The department may give written approval for the sale of fish or eggs to the project sponsor with the following conditions and consistent with OAR 635-007-0530: (a) Only fish or eggs in excess of those required to fulfill the needs of section (3) of this rule may be sold; (b) Project sponsor shall first obtain a wholesale fish dealer license. Monthly reports and payment of fees are required as provided in OAR 635-006-0200 through 635-006-0220 on all fish sold; (c) Proceeds from the sale of fish or eggs may be used for the following, in accordance with the memorandum of understanding: (A) Actual costs incurred by the project sponsor or the department, directly related to the project; (B) Equipment, supplies, and improvements to the facilities agreed to by all cooperators. Statutory/Other Authority: ORS 496.138 & 506.119 Statutes/Other Implemented: ORS 496.146 & 506.124 History: FWC 15-1997, f. & cert. ef. 3-10-97
635-009-0445 Increases in Releases for Approved Cooperative Salmon Hatchery Program Projects (1) The department may approve increases in the number of fish released, based on the criteria set forth in OAR 635-009-0425(2), provided that such increases are in compliance with OAR 635-009-0415(2). (2) Increases shall be incremental. The level shall be established in the memorandum of understanding. Each incremental increase shall be separately monitored and evaluated before proceeding with further increases. Statutory/Other Authority: ORS 496.138 & 506.119 Statutes/Other Implemented: ORS 496.146 & 506.124 History: FWC 15-1997, f. & cert. ef. 3-10-97
635-009-0450 Cooperative Salmon Hatchery Program Project Suspension, Reduction, or Termination (1) At its discretion the department may suspend, terminate, or alter the project because: (a) Eggs or fish are not available; (b) Funding, staffing, facilities, or equipment is inadequate; (c) Strays exceed limits set in Wild Fish Management Policy (OAR 635-007-0525 through 635-007-0529); (d) Program poses a disease risk to project fish or fish at rearing or release site; (e) Adverse impacts on ecology of native fish or food organisms; (f) Project fails to meet project goals; (g) The project has exceeded the scope of the approved project proposal or memorandum of understanding; (h) Violation of local, state, or federal laws, licenses, or permits, project conditions or restrictions, or any policies or rules of the department. (2) The department shall advise the project sponsor in writing of any suspension, alteration, or termination. Notification shall include the reason(s) for the action, duration of the action (if applicable), and any requirements for restarting or returning to the prior production program. (3) Suspension or termination of a project shall automatically invalidate any department permits issued for such project as of the date of suspension or termination. Such action may result in confiscating (reclaiming) by the department any fish or eggs used in the project. (4) Suspension or termination of a project is in addition to, and not in lieu of, other penalties provided by law. Statutory/Other Authority: ORS 496.138 & 506.119 Statutes/Other Implemented: ORS 496.146 & 506.124 History: FWC 15-1997, f. & cert. ef. 3-10-97
635-009-0455 Cooperative Salmon Hatchery Program Ongoing Projects (1) OAR 635-009-0420 through 635-009-0435 do not apply to cooperative projects existing as of December 31, 1996, as approved on or before that date. (2) Any increases in releases for projects excluded under section (1) of this rule shall occur only in compliance with these rules (OAR 635-009-0400 through 635-009-0455). Statutory/Other Authority: ORS 496.138 & 506.119 Statutes/Other Implemented: ORS 496.146 & 506.124 History: FWC 15-1997, f. & cert. ef. 3-10-97
635-010-0000 Purpose (1) The purpose of these rules is to define and describe key elements of licensing for the Department of Fish and Wildlife. (2) In addition to these rules, rules defining the process to determine license availability, controlled hunt processes, landowner, guide and special hunt processes, including associated license fees and process are contained in additional divisions of OAR 635. (3) Proof of license, permit, stamp, tag or other document issued by the Department for recreational use is sufficient to establish compliance with the requirement to carry said documents and have in possession at the time of hunting or angling. Proof of license or other privilege issued by the Department can be either electronic or in hard copy for purposes of establishing compliance with the requirement to carry said documents and have them in possession at the time of hunting or angling. Any documents in possession, either electronic or in hard copy, must be accessible immediately upon request by department staff or law enforcement. Statutory/Other Authority: ORS 496, ORS 497 & ORS 498 Statutes/Other Implemented: ORS 496, ORS 497 & ORS 498 History: DFW 61-2020, temporary amend filed 05/19/2020, effective 05/20/2020 through 10/06/2020 DFW 53-2020, temporary amend filed 05/04/2020, effective 05/05/2020 through 10/06/2020 DFW 42-2020, temporary amend filed 04/09/2020, effective 04/10/2020 through 10/06/2020 DFW 160-2018, adopt filed 10/18/2018, effective 01/01/2019
635-010-0004 Definitions For the purpose of OAR 635 and its divisions as it relates to licensing, unless otherwise further defined in a specific division: (1) “Attest” or “Attestation” means to declare or certify formally that listed conditions have been met, applicable documentation exists and is able to be furnished upon request. (2) "Commission" means the Oregon Fish and Wildlife Commission. (3) "Department" means the Oregon Department of Fish and Wildlife. (4) "Electronic Licensing System” (ELS) means the system utilized by the Department for the purpose of selling licenses, permits and related products. The ELS system is available at agent locations and directly to customers. (5) “License” means the authorization to hunt or fish, which can be documented electronically or in hard copy. A license also authorizes harvest of some species, with other species requiring additional authorizations prior to harvest. (6) "Licensing Document" means any license, tag, validation, permit, raffle ticket, application or contribution sold by the Oregon Department of Fish and Wildlife. (7) "License Agent" means any individual, partnership or corporation approved by the Department for the sale of its documents. (8) “ODFW ID Number” means the number assigned by the Department’s Electronic Licensing System to a Department customer. (9) “Privilege” means a license, tag, permit or other authorization to hunt, fish or otherwise engage with wildlife that is issued by the Oregon Department of Fish and Wildlife for recreational use. (10) “Uniformed Services” means Army, Navy, Air Force, Marine Corps and Coast Guard, or their reserve components; the National Guard or Oregon National Guard, commissioned corps of the National Oceanic and Atmospheric Administration, and the Public Health Service of the United States Department of Health and Human Services detailed with the Army or Navy. Statutory/Other Authority: ORS 496 & 497 Statutes/Other Implemented: ORS 496 & 497 History: DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019 DFW 117-2013, f. & cert. ef. 10-10-13 DFW 33-2000, f. & cert. ef. 6-19-00 DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00 FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
635-010-0006 Eligibility; Application Requirements Reserving Number Statutory/Other Authority: ORS 496, 497 & 498 Statutes/Other Implemented: ORS 496, 497 & 498 History: DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019 DFW 30-2002, f. & cert. ef. 4-11-02 DFW 33-2000, f. & cert. ef. 6-19-00 DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00 FWC 122-1992, f. & cert. ef. 11-23-92 FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91 FWC 32-1982, f. 5-24-82, ef. 6-1-82
635-010-0007 Computerized Licensing System Agents Reserving Number Statutory/Other Authority: ORS 497.022 Statutes/Other Implemented: ORS 497.022 History: DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019 DFW 117-2013, f. & cert. ef. 10-10-13 DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10 Reverted to DFW 33-2000, f. & cert. ef. 6-19-00 DFW 66-2002(Temp), f. & cert. ef. 6-28-02 thru 12-20-02 DFW 33-2000, f. & cert. ef. 6-19-00 DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00 FWC 12-1994, f. & cert. ef. 3-1-94