justicedao/ipfs_state_laws huggingface dataset:
635-001-0335 Fee Waiver or Reduction (1) Any person requesting a fee waiver or reduction from the Department must submit a completed Fee Waiver or Reduction Request Form to the Department through online submittal, email or to the address provided in OAR 635-001-0321(2). (2) The Department may furnish copies without charge or at the following substantially reduced fees if the Department determines that a fee waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public: (a) Records search by clerical staff at $20.00 per hour; (b) Records search by managerial staff at $32.00 per hour; (c) Records search by professional staff at $60.00 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) No additional cost considerations will be included in the invoiced amount passed on to the requester under this reduced fee structure; and (h) DOJ, special attorney and other applicable legal fees, at $75.00 per hour. Statutory/Other Authority: ORS 192.314, 192.319 & 192.324 Statutes/Other Implemented: ORS 192.314, 192.319 & 192.324 History: DFW 68-2019, adopt filed 06/04/2019, effective 06/04/2019
635-001-0341 Confidentiality and Inadmissibility of Mediation Communications Pursuant to ORS 36.224, the Oregon Department of Fish and Wildlife hereby adopts OAR 137-005-0052 as promulgated by the Attorney General and amended in 2018. Statutory/Other Authority: 2015 SB 189 Statutes/Other Implemented: 2015 SB 189 History: DFW 98-2021, amend filed 07/13/2021, effective 07/13/2021 DFW 1-2016, f. & cert. ef. 1-6-16 DFW 109-2015(Temp), f. & cert. ef. 8-14-15 thru 2-8-16
635-002-0005 Disposal of Edible Wildlife Except as provided in OAR 635-043-0175 and 635-002-0008, carcasses of edible wildlife, except black bear, shall be disposed of in the following manner: (1) Donated to public and charitable institutions such as welfare organizations, churches, and others provided the receiving agency pays all storage and handling charges and does not sell the meat. (2) Donated to persons determined to be eligible because of low income or medical reasons, provided the eligible person requests and accepts the carcass as delivered, consumes the meat at his/her place of residence, and does not offer it for sale. (3) Donated to wildlife rehabilitators licensed by the Department provided those rehabilitators use the meat to feed sick, injured or orphaned wildlife and do not sell the meat. (4) Donated to rendering plants, pet food manufacturers or disposed of as specified by personnel of the Department. (5) Donated to a person, only upon request by Oregon State Police to the Department, provided the person has been issued and possesses a valid Youth Hunting or Youth Combination license, the person accepts the carcass as delivered, does not offer it for sale, and: (a) has a tag valid for the carcass of wildlife being donated, or; (b) was eligible to purchase a tag that would have been valid for the carcass of the wildlife being donated. Statutory/Other Authority: 496.012, 496.138, 496.146 & 496.162 Statutes/Other Implemented: 496.012, 496.138, 496.146 & 496.162 History: DFW 80-2024, amend filed 09/16/2024, effective 09/16/2024 DFW 163-2019, amend filed 10/18/2019, effective 10/18/2019 DFW 61-2019, minor correction filed 05/13/2019, effective 05/13/2019 DFW 189-2018, amend filed 12/31/2018, effective 01/01/2019 FWC 36-1993, f. & cert. ef. 6-14-93 FWC 32-1991, f. & cert. ef. 3-25-91 FWC 84-1984, f. & ef. 12-24-84 FWC 135-1977, f. & cert. ef. 8-4-77, Renumbered from 630-025-0004, 635-020-0005 3WC 2, f. 12-19-73, cert. ef. 1-11-74
635-002-0007 Disposal of Black Bear Carcasses Except as provided in OAR 635-002-0009 for bear taken due to a threat of human safety, carcasses of black bear shall be disposed of in the following manner: (1) Donated to wildlife rehabilitators licensed by the Department provided those rehabilitators use the meat to feed sick, injured or orphaned wildlife and do not sell the meat. (2) Donated to persons determined to be eligible because of low income or medical reasons, provided the eligible persons sign a written release acknowledging the proper methods of preparation for human consumption, accepts the carcass as is, consume the meat at their place of residence and do not offer the meat for sale. (3) Donated to persons or public or charitable institutions who request their name be placed on a waiting list maintained by the Department. These persons or public or charitable institutions will be notified on a first-come, first-serve basis and shall sign a written release acknowledging the proper methods of preparation for human consumption, accepts the carcass as is, consume the meat at their place of residence and do not offer the meat for sale. (4) Donated to rendering plants, pet food manufacturers or disposed of as specified by personnel of the Department. Department directed disposal of black bear carcasses may include but is not limited to disposal at approved landfill sites; disposal on public or private lands; used in research activities; or for other scientific, enforcement or educational purposes. (5) Donated to a person, only upon request by Oregon State Police to the Department, provided the person has been issued and possesses a valid Youth Hunting or Youth Combination license, the person accepts the carcass as delivered, does not offer it for sale, and: (a) has a tag valid for the carcass of wildlife being donated, or; (b) was eligible to purchase a tag that would have been valid for the carcass of the wildlife being donated. Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162 History: DFW 80-2024, amend filed 09/16/2024, effective 09/16/2024 DFW 107-2002, f. & cert. ef. 9-28-02 DFW 96-1998, f. & cert. ef. 11-25-98 FWC 36-1993, f. & cert. ef. 6-14-93 FWC 32-1991, f. & cert. ef. 3-25-91 FWC 84-1984, f. & ef. 12-24-84
635-002-0009 Disposition of Bear and Cougar Killed Posing a Threat to Human Safety This rule implements the Department’s responsibilities under ORS 498.166, enacted by the 2001 Oregon Legislature, which authorizes any person to take a cougar or bear that poses a threat to human safety. (1) Any person who takes a black bear posing a threat to human safety shall dispose of the bear in the following manner: (a) The carcass, hide, and meat, including gall bladder and female reproductive tract, shall be delivered to a location determined by the Department; (b) The Department shall not permit the person to retain any part of the carcass including hide, skull, paws, claws, meat, or gall bladder for personal use. (c) The hide, skull, paws, claws, and gall bladder shall be salvaged and disposed of in a manner determined by the Department. Options for disposition shall include scientific, enforcement, or educational purposes. (d) Edible portions of the carcasses shall be disposed of as outlined in OAR 635-002-0007. (2) Any person who takes a cougar posing a threat to human safety shall dispose of the cougar in the following manner: (a) The carcass, hide, and meat, including female reproductive tract, shall be delivered to a location determined by the Department; (b) The Department shall not permit the person to retain any part of the carcass including hide, skull, paws, claws, or meat for personal use. (c) The hide, skull, paws, and claws shall be salvaged and disposed of in a manner determined by the Department. Options for disposition include but are not limited to scientific, enforcement, or educational purposes. (d) Inedible portions of the carcasses shall be disposed of as outlined in OAR 635-002-0010. Statutory/Other Authority: ORS 183.545, 183.550, 496.012, 496.138, 496.146, 496.162 & 498.166 Statutes/Other Implemented: ORS 183.545, 183.550, 496.012, 496.138, 496.146, 496.162 & 498.166 History: DFW 107-2002, f. & cert. ef. 9-28-02
635-002-0010 Disposal of Inedible Wildlife Carcasses of inedible wildlife shall be disposed of in a manner directed by the Department including donations to rendering plants, pet food manufacturers, or zoos, provided the meat is not used for human consumption. [ED. NOTE: This rule was Renumbered from 630-025-0005, Renumbered from 635-020-0010] Statutory/Other Authority: ORS 183 & 496 Statutes/Other Implemented: ORS 183 & 496 History: FWC 32-1991, f. & cert. ef. 3-25-91 3WC 2, f. 12-19-73, ef. 1-11-74
635-002-0012 Disposal of Wildlife or Wildlife Parts Any wildlife or parts of wildlife acquired and not otherwise specifically directed elsewhere in this division shall be disposed of as follows: Pelts or hides of furbearing and game mammals shall be disposed of in a manner determined by the Department including use for scientific, enforcement or educational purposes. Pelts or hides may be sold. Statutory/Other Authority: ORS 183 & 496 Statutes/Other Implemented: ORS 183 & 496 History: FWC 32-1991, f. & cert. ef. 3-25-91
635-002-0014 Disposal of Antlers Antlers that come into the department’s possession shall be disposed of in the following manner: (1) Sold through competitive bid, consistent with state and, where appropriate federal, rule and statute; or (2) Donated to nonprofit organizations, federal agencies, or Oregon cities, counties or state agencies for any purpose the department determines is consistent with the agency’s mission including wildlife-related fundraising. (a) A nonprofit organization is: (A) An Oregon public elementary, middle or high school; (B) An Oregon state university or community college; or (C) An organization described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code. (b) “Wildlife-related fundraising” means selling antlers to raise funds for department-approved wildlife management, research, conservation or educational activities. (c) The department may impose written conditions restricting the use of any antler it donates. (d) Donated antlers become that organization’s property, unless otherwise noted in written conditions. (e) Donated antlers may not be used to further or fund political activities of any kind (including, but not limited to, support of or opposition to candidates or ballot measures) or litigation. (3) Donated as a part of the animal carcass when an edible carcass is donated pursuant to OAR 635-002-0005(5). (4) Nothing in this rule limits the department’s authority, on a government-to-government basis, to provide antlers to federally-recognized tribes in Oregon. Statutory/Other Authority: 496.012, 496.146, 496.138 & 496.162 Statutes/Other Implemented: 496.012, 496.146, 496.138 & 496.162 History: DFW 80-2024, amend filed 09/16/2024, effective 09/16/2024 DFW 63-2010, f. & cert. ef. 5-17-10
635-002-0020 Sale Price of Wildlife The price of furbearing and other mammal pelts shall be established at public auction. [ED. NOTE: This rule was Renumbered from 630-025-0007, 1975; Renumbered from 635-020-0020, 1979] Statutory/Other Authority: ORS 183 & 496 Statutes/Other Implemented: ORS 183 & 496 History: FWC 32-1991, f. & cert. ef. 3-25-91 3WC 2, f. 12-19-73, ef. 1-11-74
635-002-0025 Payment for Wildlife Sold Payment must be made at the time of delivery by check or money order to the Oregon Department of Fish and Wildlife. [ED. NOTE: This rule was Renumbered from 630-025-0008, 1975; Renumbered from 635-020-0025, 1979] Statutory/Other Authority: ORS 183 & 496 Statutes/Other Implemented: ORS 183 & 496 History: FWC 32-1991, f. & cert. ef. 3-25-91 3WC 2, f. 12-19-73, ef. 1-11-74
635-002-0030 Sale of Seized Fish or Shellfish In accordance with ORS 506.690, all food fish and shellfish taken by or in possession of any person in violation of the commercial fishing laws or regulations of the Commission shall be seized. To prevent spoilage, the fish so seized and not required as evidence shall be sold. The officer undertaking the sale shall, if reasonable and practical, obtain more than one bid price for the seized fish to insure the price paid is the market value of the fish at the time of seizure. Market value as used in subsection (3) of ORS 506.690 and this regulation means the price at fisherman or producer level. If it is not practical to sell seized fish to prevent spoilage, such fish may be provided for food purposes, free gratis to any state, county, or other public institution. Any food fish or shellfish seized and determined as unsuitable for human consumption may be destroyed. [ED. NOTE: This rule was Renumbered from 625-030-0090, 1975; Renumbered from 635-020-0030, 1979] Statutory/Other Authority: ORS 183 & 496 Statutes/Other Implemented: ORS 183 & 496 History: FC 246, f. 5-5-72, ef. 5-15-72
635-002-0035 Disposal or Sale of Forfeited Fishing Gear and Boats (1) All property received by the Commission under order of forfeiture of any court shall be disposed of by public sale to the highest bidder. However, forfeited property in the custody of the Oregon State Police which is determined to have a value of less than the expense which would be incurred in such property’s transfer to the Commission and subsequent sale, may be authorized for destruction. (2) The State Police officer having custody of the forfeited property must request and receive approval of the property control officer of the Commission before the property may be destroyed. [ED. NOTE: This rule was Renumbered from 625-030-0095, 1975; Renumbered from 635-020-0035, 1979] Statutory/Other Authority: ORS 183 & 496 Statutes/Other Implemented: ORS 183 & 496 History: DFW 80-2018, temporary amend filed 06/28/2018, effective 06/28/2018 through 12/24/2018 FC 246, f. 5-5-72, ef. 5-15-72
635-002-0100 When Salmon Eggs are Surplus For the purposes of ORS 508.730, the following criteria shall be used in determining when all natural and artificial fish production needs of the state have been met: (1) General limitations — Salmon eggs will not be declared surplus unless and until the capacities of all public hatchery facilities contributing fish for release in Oregon waters, including coastal streams and Columbia River and tributaries, have been filled, and approved rehabilitation and enhancement programs, including Salmon and Trout Enhancement Program, have been provided for. However, the Department recognizes that certain constraints may limit hatchery production to less than full capacity, including available finances, legislative direction, Commission policy, and status of stream/water body management plans. The Department may not be able to locate, determine, or accommodate all areas of need at any one time. (2) Biological limitations — Biological factors which limit numbers of salmon eggs that can be utilized in meeting state needs are: (a) Fish carrying capacity of a given stream or water body; (b) Probability of disease transfer to naturally produced stocks; (c) Maintenance of genetic integrity or compatibility of stocks; (d) Impacts of other species of fish. Statutory/Other Authority: ORS 183, 506 & 508 Statutes/Other Implemented: ORS 183, 506 & 508 History: FWC 4-1982, f. & ef. 1-11-82
635-003-0003 Purpose and Scope (1) The purpose of Division 003 is to provide for management of commercial salmon fisheries off the Oregon Coast over which the state has jurisdiction. (2) Division 003 incorporates into Oregon Administrative Rules, by reference, the annual ocean troll salmon specifications and management measures as adopted by the Pacific Fishery Management Council in its annual Ocean Salmon Management Measures and Impacts, as finalized in April 2025, and in addition to the extent they are consistent with these rules, Code of Federal Regulations (CFR), Title 50, Part 660, Subpart H (61FR34572, July 2, 1996, as amended to incorporate the standards in the Pacific Fishery Management Council referenced document). Therefore, persons must consult the Pacific Fishery Management Council referenced document and Federal Regulations in addition to Division 003 to determine all applicable troll salmon fishing requirements. A copy of the Pacific Fishery Management Council referenced document and the Federal Regulations may be obtained by contacting the Pacific Fishery Management Council at www.pcouncil.org or at 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384. (3) To the extent not preempted by Federal law, these regulations apply within the State of Oregon’s Fisheries Conservation Zone (out to fifty miles from shore). Statutory/Other Authority: ORS 496.138, ORS 506.119, ORS 506.129 & ORS 496.162 Statutes/Other Implemented: ORS 496.146, ORS 506.109 & ORS 496.012 History: DFW 31-2025, amend filed 04/21/2025, effective 04/21/2025 DFW 29-2024, amend filed 04/23/2024, effective 04/23/2024 DFW 34-2023, amend filed 04/24/2023, effective 04/24/2023 DFW 45-2022, amend filed 05/10/2022, effective 05/10/2022 DFW 52-2021, amend filed 04/23/2021, effective 04/24/2021 DFW 25-2021, temporary amend filed 03/09/2021, effective 03/15/2021 through 05/15/2021 DFW 47-2020, temporary amend filed 04/27/2020, effective 05/05/2020 through 10/31/2020 DFW 44-2019, amend filed 04/22/2019, effective 04/22/2019 DFW 45-2017, f. & cert. ef. 4-24-17 DFW 33-2016, f. & cert. ef. 4-25-16 DFW 31-2015, f. & cert. ef. 4-27-15 DFW 78-2014, f. & cert. ef 6-24-14 DFW 61-2014, f. & cert. ef. 6-10-14 DFW 41-2014(Temp), f. & cert. ef. 5-8-14 thru 6-30-14 DFW 33-2013, f. & cert. ef. 5-14-13 DFW 28-2013(Temp), f. 4-25-13, cert. ef. 5-1-13 thru 5-15-13 DFW 38-2012, f. 4-24-12, cert. ef. 5-1-12 DFW 34-2011, f. 4-27-11, cert. ef. 5-1-11 DFW 72-2010, f. & cert. ef. 5-25-10 DFW 52-2009, f. & cert. ef. 5-18-09 DFW 36-2008, f. 4-21-08, cert. ef. 5-1-08 DFW 24-2007, f. 4-16-07, cert. ef. 5-1-07 Reverted to DFW 25-2005, f. & cert. ef. 4-15-05 DFW 26-2006(Temp), f. 4-20-06, cert. ef. 5-1-06 thru 10-27-06 DFW 25-2005, f. & cert. ef. 4-15-05 DFW 32-2004, f. 4-22-04, cert. ef. 5-1-04 DFW 35-2003, f. 4-30-03, cert. ef. 5-1-03 DFW 37-2002, f. & cert. ef. 4-23-02 DFW 28-2001, f. & cert. ef. 5-1-01 DFW 38-2000, f. & cert. ef. 7-3-00 DFW 31-1999, f. & cert. ef. 5-3-99 DFW 34-1998, f. & cert. ef. 5-4-98 FWC 20-1996, f. & cert. ef. 4-29-96 FWC 25-1994, f. & cert. ef. 5-2-94 FWC 29-1989, f. 4-28-89, cert. ef. 5-1-89
635-003-0005 Area As used in this division, the Pacific Ocean includes that area of the Columbia River seaward of a straight line from the knuckle of the south jetty on the Oregon shore to the inshore end of the north jetty on the Washington shore. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 16-1978, f. & ef. 3-24-78, Renumbered from 635-036-0005 FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0000
635-003-0074 Automatic Season Closures (1) Salmon harvest quotas for Oregon, which include fish caught in the Exclusive Economic Zone (3-200 mile) are set forth in Federal Register Notice FR Doc. 92-0412-2112, filed May 1, 1992, published pursuant to 50 CFR 661.20 49 FR 43685, October 31, 1984. (2) Upon a determination by the Regional Director of the National Marine Fisheries Service, after consulting with the states, of the date the catch is projected to reach the quotas set forth in section (1) of this rule, the Fish and Wildlife Director may file a temporary rule with the Secretary of State designating those dates when the season will close. Statutory/Other Authority: ORS 496.138, 496.162, 506.119 & 506.129 History: DFW 52-2009, f. & cert. ef. 5-18-09 FWC 28-1994(Temp), f. 5-19-94, cert. ef. 5-20-94 FWC 58-1993(Temp), f. 9-15-93, cert. ef. 9-16-93 FWC 55-1993(Temp), f. & cert. ef. 9-9-93 FWC 53-1993(Temp), f. 8-31-93, cert. ef. 9-1-93 FWC 78-1992(Temp), f. & cert. ef. 8-25-92 FWC 77-1992 (Temp), f. 8-19-92, cert. ef. 8-20-92 FWC 75-1992(Temp), f. 8-11-92, cert. ef. 8-12-92 FWC 66-1992(Temp), f. 8-7-92, cert. ef. 8-8-92 FWC 65-1992(Temp), f. & cert. ef. 8-6-92 FWC 63-1992(Temp), f. 7-30-92, cert. ef. 7-31-92 FWC 57-1992(Temp), f. 7-24-92, cert. ef. 7-25-92 FWC 31-1992, f. 4-29-92, cert. ef. 5-1-92 FWC 111-1991(Temp), f. & cert. ef. 9-30-91 FWC 93-1991, f. 8-30-91, cert. ef. 9-1-91 FWC 87-1991(Temp), f. 8-9-91, cert. ef. 8-10-91 FWC 76-1991 (Temp), f. 7-29-91, cert. ef. 8-10-91 FWC 74-1991(Temp), f. 7-12-91, cert. ef. 7-15-91 FWC 72-1991(Temp), f. 7-11-91, cert. ef. 7-12-91 FWC 42-1991, f. 4-29-91, cert. ef. 5-1-91 FWC 106-1990(Temp), f. & cert. ef. 9-25-90 FWC 104-1990(Temp), f. 9-21-90, cert. ef. 9-22-90 FWC 99-1990(Temp), f. 9-17-90, cert. ef. 9-18-90 FWC 97-1990(Temp), f. 9-14-90, cert. ef. 9-15-90 FWC 85-1990(Temp), f. 8-24-90, cert. ef. 8-25-90 FWC 79-1990(Temp), f. 8-7-90, cert. ef. 8-8-90 FWC 73-1990(Temp), f. 7-31-90, cert. ef. 8-1-90 FWC 49-1990 (Temp), f. 6-13-90, cert. ef. 6-14-90 FWC 48-1990(Temp), f. 6-7-90, cert. ef. 6-8-90 FWC 47-1990(Temp), f. 5-30-90, cert. ef. 5-31-90 FWC 42-1990(Temp), f. & cert. ef. 5-25-90 FWC 40-1990(Temp), f. & cert. ef. 5-18-90 FWC 39-1990(Temp), f. & cert. ef. 5-11-90 FWC 37-1990, f. & cert. ef. 5-1-90 FWC 33-1989, f. & cert. ef. 5-25-89 FWC 27-1988, f. 4-29-88, cert. ef. 5-1-88 FWC 19-1987, f. & cert. ef. 5-5-87 FWC 13-1986, f. & cert. ef. 5-1-86 FWC 20-1985, f. & cert. ef. 5-1-85 FWC 17-1984, f. & cert. ef. 4-30-84 FWC 16-1983, f. & cert. ef. 4-29-83
635-003-0077 US-Canada Border to Cape Falcon All vessels participating in the commercial ocean salmon fishery North of Cape Falcon must land their fish within the area North of Cape Falcon or in Garibaldi, Oregon, and within 24 hours of any closure of this fishery. All fishers landing salmon caught North of Cape Falcon must notify ODFW within one hour of delivery, limited fish sellers must notify ODFW within one hour of landing and prior to initiation of any sales, and all fishers intending to transport fish away from the port of landing must notify ODFW prior to transport away from the port of landing by calling (541) 857-2546 or by sending an e-mail to: nfalcon.trollreport@odfw.oregon.gov. Notification shall include vessel name and number, number of salmon by species, location of delivery, and estimated time of delivery. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.129 History: DFW 37-2024, minor correction filed 05/29/2024, effective 05/29/2024 DFW 78-2014, f. & cert. ef. 6-24-14 DFW 61-2014, f. & cert. ef. 6-10-14 DFW 52-2009, f. & cert. ef. 5-18-09 Reverted to DFW 6-2005, f. & cert. ef. 2-14-05 DFW 66-2008(Temp), f. 6-20-08, cert. ef. 6-21-08 thru 10-31-08 Reverted to DFW 6-2005, f. & cert. ef. 2-14-05 DFW 73-2007(Temp), f. 8-17-07, cert. ef. 8-18-07 thru 9-30-07 DFW 48-2007(Temp), f. 6-22-07, cert. ef. 6-23-07 thru 9-16-07 Reverted to DFW 6-2005, f. & cert. ef. 2-14-05 DFW 93-2006(Temp), f. 9-7-06, cert. ef. 9-8-06 thru 12-31-06 DFW 85-2006(Temp), f. 8-18-06, cert. ef. 8-19-06 thru 2-14-07 DFW 70-2006(Temp), f. 7-28-06, cert. ef. 7-29-06 thru 12-31-06 DFW 43-2006(Temp), f. & cert. ef. 6-16-06 thru 11-16-06 Reverted to DFW 6-2005, f. & cert. ef. 2-14-05 DFW 97-2005(Temp), f. & cert. ef. 8-23-05 thru 12-31-05 DFW 59-2005(Temp), f. 6-21-05, cert. ef. 6-26-05 thru 10-27-05 DFW 49-2005(Temp), f. 6-1-05, cert. ef. 6-3-05 thru 10-27-05 DFW 48-2005(Temp), f. 5-23-05, cert. ef. 5-24-05 thru 10-27-05 DFW 36-2005(Temp), f. & cert.ef. 5-4-05 thru 10-27-05 DFW 6-2005, f. & cert. ef. 2-14-05