justicedao/ipfs_state_laws huggingface dataset:
635-001-0035 Sampling Data and Tag Recovery It is unlawful for any person licensed by the Department of Fish and Wildlife to fail to comply with the directions of authorized Department personnel related to the collection of sampling data or material (e.g., tissue and blood samples, otoliths and other bones, fins, shells, parasites, tags, etc.) from fish, shellfish, or marine invertebrates. It is also unlawful for any such person to fail to relinquish to the Department any part of a salmon or other food fish containing coded-wire tags, including but not limited to, the snouts of those salmon that are marked by having clipped adipose fins. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: DFW 155-2009, f. 12-28-09, cert. ef. 1-1-10 FWC 20-1984, f. & ef. 5-11-84 FWC 26-1983(Temp), f. 6-30-83, ef. 7-1-83
635-001-0050 License Refunds Reserving Number Statutory/Other Authority: ORS 293.445 Statutes/Other Implemented: ORS 293.445 History: DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019 DFW 125-2011, f. & cert. ef. 9-8-11 Reverted to FWC 81-1994, f. & cert. ef. 10-26-94 DFW 4-2009(Temp), f. 1-13-09, cert. ef. 1-14-09 thru 7-12-09 FWC 81-1994, f. & cert. ef. 10-26-94 FWC 25-1987, f. & ef. 6-11-87 FWC 79-1985, f. & ef. 12-11-85
635-001-0055 License Exchanges Reserving Number Statutory/Other Authority: ORS 293.445 Statutes/Other Implemented: ORS 293.445 History: DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019 DFW 125-2011, f. & cert. ef. 9-8-11
635-001-0060 Tribal I.D. Requirements Reserving Number Statutory/Other Authority: ORS 497 Statutes/Other Implemented: ORS 497 History: DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019 FWC 102-1987, f. 12-16-87, ef. 1-1-88
635-001-0070 Agency Representation by Employee (1) Subject to the approval of the Attorney General, an officer or employee of the Department, designated by the Director, is authorized to represent the Department in contested case hearings concerning: (a) Suspension from the Landowner Preference Program or the Master Hunter Program; (b) Suspension of certification as a Hunter Education Instructor; (c) Disqualification from the Wildlife Habitat Conservation Management Program; (d) Suspension or revocation of recreational fishing or hunting licenses or tags under the Wildlife Violator Compact; (e) Suspension or revocation of commercial fishing licenses, recreational fishing licenses, or hunting licenses; (f) Suspension or revocation of limited entry commercial fishing permits; (g) Denial of fish propagation license applications; (h) Suspension or revocation of fish propagation licenses; or (i) Denial of commercial fishing licenses, vessel licenses, or limited-entry permit applications. (2) The agency representative may not give legal advice or present legal argument on behalf of the agency. (a) “Legal argument” includes arguments on: (A) The jurisdiction of the agency to hear the contested case; (B) The constitutionality of a statute or rule or the application of a constitutional requirement to an agency; and (C) The application of court precedent to the facts of the particular contested case proceeding. (b) Legal argument does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on: (A) The application of statutes or rules to the facts in the contested case; (B) Comparison of prior actions of the agency in handling similar situations; (C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case; (D) The admissibility of evidence; and (E) The correctness of procedures being followed in the contested case hearing. Statutory/Other Authority: ORS 496.138 & ORS 506.119 Statutes/Other Implemented: ORS 496.138, ORS 183.452 & ORS 506.119 History: DFW 78-2024, amend filed 09/16/2024, effective 09/16/2024 DFW 126-2010, f. & cert. ef. 9-10-10
635-001-0100 Definition For the purpose of ORS 498.279, “competition or contest in which prizes are offered” means any event where the total value of all cash or merchandise awards exceeds $25. Statutory/Other Authority: ORS 183, 299 & 496 Statutes/Other Implemented: ORS 183, 299 & 496 History: FWC 96-1987, f. & ef. 11-17-87 FWC 3-1982, f. & ef. 1-11-82
635-001-0110 Pikeminnow Fishing Derby In accordance with Senate Bill 958 (2015), an organizer of a fishing derby for Northern pikeminnow (Ptychocheilus oregonensis) may request a free derby license from the Oregon Department of Fish and Wildlife (Department) with the following restrictions: (1) A derby license from the Department is required. An organizer must apply for a license at least 60 days prior to the event. The license must be in possession of the organizer at the derby location, and must be shown to Oregon State Police (OSP) or Department representatives on request. ODFW shall set license conditions after consideration of the impacts on sensitive populations or habitats for fish species, as well as social impacts. (2) The maximum duration of a fishing derby shall be three days. (3) No more than two fishing derby licenses may be issued per year for a given body of water. (4) An organizer of a fishing derby is required to obtain a separate fishing derby license for each fishing derby. (5) All current angling regulations and license requirements for the location of the derby remain in effect and shall not be altered to accommodate the derby. In addition, special license conditions such as reduced bag limits may be applied in order to protect affected fish stocks. (6) Catch and release angling is permitted, provided fish are released unharmed. (7) The derby organizer is responsible for identifying non-profit outlets or commercial fish or bait dealers for any unwanted fish which are retained from the derby. Only Northern pikeminnow may be sold to commercial fish or bait dealers and only for charitable fund-raising purposes. The derby license exempts the licensee from any commercial licensing requirements and the wholesale fish and bait dealers are not required to report the Northern pikeminnow purchased from the derby to the Department on fish receiving tickets or pay ad-valorem fees. (8) Derby organizers are responsible for meeting all other state and local requirements for such things as special use permits, etc. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162 & 506.129 History: DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16 DFW 92-2015(Temp), f. & cert. ef. 7-24-15 thru 12-31-15
635-001-0116 Game Fish Tournaments In accordance with ORS 498.286 (2), when a prize is offered that exceeds $1,000 for the amount, quality, size, weight or other physical characteristic of a game fish taken, other than black bass or walleye, the following restrictions apply: (1) A permit from ODFW is required. Sponsors must apply for permits at least 60 days prior to the event. Permits must be in possession of the sponsor or a designated representative at the tournament location, and must be shown to OSP or ODFW representatives on request. ODFW shall set permit conditions after consideration of the condition of the resource and social impacts. (2) Permit applications shall be accepted beginning November 1 of the year prior to the event. No more than one event on any water body shall be authorized on any single date, and no more than two tournaments shall be authorized on any single water body in any 14 days. (3) The fee for a Game Fish Tournament Permit is $121.50. No license agent fee is required. (4) All current angling regulations apply and shall not be altered to accommodate any tournament. In addition, special permit conditions such as reduced bag limits may be applied in order to protect affected fish stocks. (5) Catch and release is permitted, provided fish are released unharmed. (6) Tournament sponsors are responsible for identifying non-profit outlets for any unwanted fish which result from the tournament. (7) Tournament sponsors are responsible for meeting all other state and local requirements for such things as special use permits, etc. Statutory/Other Authority: SB 247 (2015), ORS 496.118, ORS 496.138, ORS 496.146 & ORS 497.071 Statutes/Other Implemented: ORS 497.071 & ORS 498.279 History: DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019 DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017 DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16 DFW 90-1998, f. & cert. ef. 11-25-98
635-001-0150 Purpose The purpose of these rules is to establish the process and requirements for hunters to be awarded controlled hunt preference points (preference points) as an alternative to cash for providing information to the Oregon State Police (OSP) and Oregon Hunters Association (OHA) “Turn-In-Poachers” (TIP) program, pursuant to ORS 497.112. The program is intended to encourage hunters to report wildlife violations they witness involving antelope, bear, cougar, deer, elk, moose, mountain goat, mountain sheep or wolf. Statutory/Other Authority: ORS 496.138, 496.146, ORS 496.012, 496.162 & 497.112 Statutes/Other Implemented: ORS 496.138, 496.146, ORS 496.012, 496.162 & 497.112 History: DFW 139-2018, adopt filed 09/17/2018, effective 09/17/2018
635-001-0155 Individual Participation A person is eligible to receive preference points provided the person: (1) Provides information that OSP determines led to an arrest or citation issued for the unlawful take, possession, or waste of antelope, bear, cougar, deer, elk, moose, mountain goat, mountain sheep, or wolf; (2) Asks to receive preference points in lieu of a cash reward for the information provided; and (3) Have or establish an ODFW Identification Number. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 497.112 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 497.112 History: DFW 139-2018, adopt filed 09/17/2018, effective 09/17/2018
635-001-0160 Preference Points Awarded (1) Preference points awarded vary by species involved in the violation as follows: Species/Preference Points Awarded (a) Mountain (Bighorn) Sheep/5 Points (b) Mountain Goat/5 Points (c) Moose/5 Points (d) Wolf/5 Points (e) Elk/4 Points (f) Deer/4 Points (g) Pronghorn/4 Points (h) Bear/4 Points (i) Cougar/4 Points (2) For reported violations involving multiple animals or species, points awarded shall be based on the species with the highest point value, plus one point for each additional animal or species for which an arrest was made or citation issued. For example, a report leading to citations issued for one moose, one elk and one deer would receive seven points total (five for the moose, one for the elk, and one for the deer). (3) If more than one individual reports the same violation: (a) OSP will determine which reporting person(s) is eligible to be offered the alternative of receiving preference points for providing information that led to the arrest or citation. (b) Each eligible person who elects to receive preference points will receive the total points awarded for the arrests or citations issued. Preference points awarded will not be split among eligible persons. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 497.112 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 497.112 History: DFW 139-2018, adopt filed 09/17/2018, effective 09/17/2018
635-001-0165 Process for Awarding Preference Points (1) If OSP determines information provided by the person(s) led to an arrest or citation, the officer sends the “Request for Reward” form to the OSP Salem Headquarters (HQ). (2) OSP HQ staff will review the request report and if approved send the Request for Reward form to the Department’s License Services Section. (3) Department staff will review the preference points Request for Reward form and contact the individual(s) eligible to receive the reward preference points. (4) The individual(s) eligible to receive the reward preference points must complete a form supplied by the Department’s License Services Section within 90 days of notification of eligibility clearly indicating to which species preference point file they request the awarded preference points be added. (5) The reward points must be placed in the preference point file for one species. (6) Once placed in the preference point file for a species, the awarded points are subject to the Oregon Administrative Rules that govern preference points. (7) Current cases that OSP has not yet submitted a “Request for Reward” form to the OSP Salem HQ are eligible for awarding preference points under the process rules in this section. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 497.112 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 497.112 History: DFW 139-2018, adopt filed 09/17/2018, effective 09/17/2018
635-001-0200 Wildlife Law Violator Compact — Purpose The purpose of these rules is to provide standards and procedures for license suspension and revocation required under the Wildlife Violator Compact (Compact), and to identify the Compact Administrator to the Board of Compact Administrators for the State of Oregon. Statutory/Other Authority: ORS 496 & 497 Statutes/Other Implemented: ORS 496 & 497 History: FWC 43-1991, f. 5-1-91, cert. ef. 5-6-91
635-001-0205 Definitions The Wildlife Violator Compact, ORS 496.715, defines “suspension” to include any revocation, denial or withdrawal of any or all license privileges. However, to insure consistency with other applicable law, the terms “revocation” and “suspension” as used in these rules shall have the following meaning: (1) “Revocation” means to cancel, annul and make void for the entire remainder of the term of any license. (2) “Suspension” means to temporarily discontinue and interrupt a license, but with an expectation that it may be reinstated upon the occurrence of a specific event, such as evidence of compliance with a citation. Statutory/Other Authority: ORS 496 & 497 Statutes/Other Implemented: ORS 496 & 497 History: FWC 43-1991, f. 5-1-91, cert. ef. 5-6-91
635-001-0210 Standard for License Suspension or Revocation (1)(a) Upon receipt of the following information from a party state to the Compact, the Director shall initiate license suspension proceedings in accordance with OAR 635-001-0215: (b) That a person has failed to comply with the terms of a citation for a fish or wildlife offense from the licensing authority of a party state. Such suspension shall remain in effect until the Director receives adequate evidence of compliance with the citation. (2) Upon receipt of the following information from a party state to the Compact, the Director or Commission may initiate license suspension or revocation proceedings as appropriate in accordance with OAR 635-001-0215. (a) That a person has had his or her license privileges suspended or revoked in a party state for a fish and wildlife offense. The period of suspension is the period provided by Oregon statute for an equivalent offense or such longer period imposed by the party state. (b) That a person has been convicted in a party state of a fish or wildlife offense. The period of suspension is the period provided by Oregon statute for an equivalent offense or such longer period imposed by the party state. (3) Any suspension under this rule begins when the Commission or Department issues a final order of suspension. Statutory/Other Authority: ORS 496.750 History: DFW 39-2016, f. & cert. ef. 4-27-16 DFW 130-2007, f. 12-20-07, cert. ef. 1-1-08 DFW 40-2006, f. & cert. ef. 6-9-06 FWC 43-1991, f. 5-1-91, cert. ef. 5-6-91
635-001-0215 Procedures to Suspend or Revoke (1) When the Director is notified of a failure to comply with the terms of a citation from the licensing authority of a party state, the Director shall initiate license suspension proceedings in accordance with this section. (2) When the Commission has been notified of any of the conditions under 635-001-0210(2), the Director or Commission may initiate license suspension or revocation proceedings in accordance with this section. (3) The person shall be notified in writing of the Director's or Commission's intention to suspend, revoke, or refuse to issue, licenses and tags, and shall be provided with an opportunity to request a hearing within 14 days of the date of mailing. (4) If at the end of 14 days no response has been received, a final order shall be issued suspending, revoking or refusing to issue license privileges and mailed by certified mail to the person. (5) If prior to 14 days from the date of mailing the person submits a request for a hearing, a hearing will occur. At the discretion of the Department, the case may be reviewed in writing upon stipulation by the licensee or a hearing may be scheduled before the administrative law judge. (6) Following the administrative law judge’s review, a proposed order, including findings of fact and conclusions of law, shall be prepared by the administrative law judge, served on all parties, and shall be forwarded to the Director or Commission. (7) In accordance with ORS Chapter 183, the Director or Commission shall provide an opportunity to all parties to respond in writing within 14 days to the proposed order of the administrative law judge. (8) A final order shall be reviewed and signed by the Director or Commission chair and all parties shall be provided a copy by certified mail. Statutory/Other Authority: ORS 496 & 497 Statutes/Other Implemented: ORS 496 & 497 History: DFW 40-2006, f. & cert. ef. 6-9-06 FWC 43-1991, f. 5-1-91, cert. ef. 5-6-91
635-001-0220 Compact Administrator For the purposes of Article VII of the Wildlife Violator Compact referred to in ORS 496.750 the Administrative head of the Oregon State Police Game Enforcement unit, or his or her designee, shall be the Compact Administrator for the State of Oregon. Statutory/Other Authority: ORS 496 & 497 Statutes/Other Implemented: ORS 496 & 497 History: FWC 43-1991, f. 5-1-91, cert. ef. 5-6-91
635-001-0230 Payment of R&E Revenues to Watershed Improvement Grant Fund In accordance with Chapter 8, Oregon Laws 1997, $1,000,000 of revenues from surcharges on recreational licenses deposited to the Restoration and Enhancement Fund shall be paid to the Watershed Improvement Grant Fund in accordance with the following schedule: (1) On or before June 30, 1998, $400,000 to be transferred. (2) On or before January 1, 1999, $200,000 to be transferred. (3) On or before June 30, 1999, $400,000 to be transferred. Statutory/Other Authority: Sec. 13, Ch. 8, HB 3700 & 1997 Statutes/Other Implemented: Sec. 13, Ch. 8, HB 3700 & 1997 History: FWC 55-1997, f. & cert. ef. 9-4-97
635-001-0301 Inspection of Public Records All records of the Commission and the Department defined as public records under ORS 192.410, and not exempt from disclosure under ORS 192.501 to 192.505, are available for inspection by members of the public at the current principal offices of the Commission and Department in Salem, Oregon, or other reasonable location designated by the Director. Inspection of such records will be permitted during normal Department work hours, provided responding to such a request does not unreasonably disrupt the Commission's and the Department's duties. Statutory/Other Authority: ORS 192.420 Statutes/Other Implemented: ORS 192.420 History: DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04 DFW 34-2000, f. & cert. ef. 6-23-00
635-001-0311 Information Officers and Certification of Public Records (1) The following individuals are designated as information officers for all public records requests: (a) Assistant to the Commission for agendas, reports, correspondence and other files maintained by and for the Commission itself; (b) Director of the Department, Deputy Directors, Regional Managers, Division Administrators and section heads, for records and files of the Department and its staff; (c) Each information officer must designate an alternate. (2) Upon request, the information officer will give a certified copy of any released public record. Statutory/Other Authority: ORS 192.314, ORS 192.319 & ORS 192.324 Statutes/Other Implemented: ORS 192.314, ORS 192.319 & ORS 192.324 History: DFW 67-2019, amend filed 06/04/2019, effective 06/04/2019 DFW 34-2000, f. & cert. ef. 6-23-00
635-001-0321 Requests to Inspect or Obtain Copies of Public Records (1) A request to inspect or receive a copy of a public record must: (a) Be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of persons involved, business or organization involved and; (b) The name, address, phone number and email address of the person requesting the public records. (2) Requests must be submitted through the online form at https://www.dfw.state.or.us/agency/public_record/request.asp ; emailed to ODFW.PublicRecords@state.or.us; sent to the Office of the Director, 4034 Fairview Industrial Drive SE, Salem, OR 97302, or faxed to (503) 947-6042. Requests for certain commercial fishing records (Vessel Records, Crab Permit Records and Individual Records) must use the appropriate forms found online at www.dfw.state.or.us/fish/commercial. . Statutory/Other Authority: ORS 192.314, ORS 192.319 & ORS 192.324 Statutes/Other Implemented: ORS 192.314, ORS 192.319 & ORS 192.324 History: DFW 67-2019, amend filed 06/04/2019, effective 06/04/2019 DFW 139-2009, f. & cert. ef. 11-3-09 DFW 34-2000, f. & cert. ef. 6-23-00
635-001-0331 Fees for Inspection and Copies of Public Records (1) As authorized by law, the Department charges the following fees reasonably calculated to reimburse the Department for its actual cost in making public records available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the request: (a) Records search by clerical staff at $25.00 per hour; (b) Records search by managerial staff at $40.00 per hour; (c) Records search by professional staff at $75.00 per hour; (d) Copies at current state printing and distribution price list; (e) Media at cost set forth in statewide price agreement; (f) Postage at current postal rates; (g) If the request appears to require Department services for which no fee has been established (computer time, travel, shipping cost, communication costs, etc.) the actual cost shall be determined or estimated by the Department. (2) The Department may also include in the fee an estimate of the actual cost of anticipated time spent by an attorney for the Department in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. The fee shall not include the cost of time spent by an attorney for the Department in determining the application of the provisions of ORS 192.311 to 192.478. (3) If the Department can fulfill a request for records using less than 30 minutes of staff time, the Department shall not charge the requester. (4) If in reviewing the request the Department determines that a fee will likely exceed $25, the Department shall estimate the allowable fee and provide the requester with a written notification of the estimated amount of the fee. (5) The requester must pay all fees in advance unless an agreement for later payment is approved by the Director. Statutory/Other Authority: ORS 192.314, ORS 192.319 & ORS 192.324 Statutes/Other Implemented: ORS 192.314, ORS 192.319 & ORS 192.324 History: DFW 67-2019, amend filed 06/04/2019, effective 06/04/2019 DFW 139-2009, f. & cert. ef. 11-3-09 DFW 34-2000, f. & cert. ef. 6-23-00