justicedao/ipfs_state_laws huggingface dataset:
635-007-0725 Sturgeon Propagation Permit Required (1) Except as provided in section (4) of this rule, any person shall obtain a Sturgeon Propagation Permit in order to propagate for sale or sell any live sturgeon or sturgeon eggs. (2) Each year the Department is authorized to issue up to 15 sturgeon propagation permits. Permits will be allocated first to those persons who currently hold sturgeon propagation permits except for good cause not to reissue a permit (such as violations of terms or conditions of a current propagation permit or violations of other fish and wildlife laws), and thereafter to those persons submitting a completed, acceptable application in the order in which the completed applications were received. (3) A separate Sturgeon Propagation Permit shall be obtained for each commercial propagation site and shall be renewed annually. (4) Any permit in good standing is entitled to be renewed for the following year. Any permits remaining after December 31 may be distributed by lottery amongst the applicants in January of the following year, and any permits remaining shall then be distributed on a first come — first serve basis. (5) The department may attach to the Sturgeon propagation permit any terms and conditions it deems necessary to achieve compliance with Oregon laws or rules or protect native wildlife. (6) The department may refuse to issue any Sturgeon propagation permit if: (a) Applicant fails to meet any of the deadlines specified in OAR 635-007-0730; (b) Propagation of sturgeon will be the first introduction of that species into the watershed in which the proposed facility is located; (c) The department finds the operation, as proposed by the applicant, would tend to be harmful to existing fish populations; (d) The department finds the applicant violated any terms of any license, permit or operational plan issued by the department; (e) The department finds the applicant has failed to comply with any statute, rule or reporting requirements relevant to the operation of the propagation facility; or (f) The applicant has failed to pay any sums it owes to the department or which are owed to the department under any license or permit it holds or the benefits of which it enjoys. Statutory/Other Authority: ORS 496.012 & 496.138 Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455 History: DFW 121-2007, f. & cert. ef. 11-14-07
635-007-0735 Duties of Sturgeon Propagation Permittees (1) Each permitted Sturgeon propagator shall obtain a Fish Transport Permit for any sturgeon transported to the permitted facility or from the permitted facility to another site prior to such transportation and shall provide a copy of such permit to the person transporting the sturgeon for delivery to the person or entity receiving the fish. (2) Each permitted Sturgeon propagator shall maintain at the propagation facility a record of all business transactions involving the sale, purchase, shipment or loss of sturgeon or sturgeon eggs and shall make such record available for inspection upon request by the Department or the Oregon State Police. (3) Each permitted Sturgeon propagator shall submit an annual report of operations by January 15 of the next year; and shall submit the report by that date even if the permittee did not renew. The sales of fish shall be reported as total numbers and pounds of each species sold, either live or dead, during the year. The sales of sturgeon eggs shall be reported as total numbers of each species sold during the year. (4) The Department may require permitted Sturgeon propagators to submit monthly reports of sturgeon on hand at the facility. If required, this report shall list the species, stock, number per species and stock on hand, disease losses for each stock during the month, causative agent for such losses, and remedial treatments used to reduce losses. (5) Each permitted sturgeon propagator shall comply with all statutes and regulations of other agencies pertaining to the operation of the propagation facility. (6) Each permitted sturgeon propagator shall comply with the terms and conditions of his permit and operational plan. (7) Sturgeon propagation facilities and records are subject to inspection at any time by the Department or the Oregon State Police. Statutory/Other Authority: ORS 496.012 & 496.138 Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455 History: DFW 121-2007, f. & cert. ef. 11-14-07
635-007-0740 Purchase of Sturgeon from Sturgeon Propagation Permittee (1) No angling license is required to angle at the facilities of a permitted Sturgeon propagator. (2) It is unlawful: (a) To possess Sturgeon received from a Sturgeon propagation permittee without having a written receipt; or (b) For the propagator to sell fish so taken without providing a written receipt, which includes: (A) Name of Sturgeon propagation permittee; (B) Location from which Sturgeon were taken; (C) Date shipped/received; (D) Name of purchaser; and (E) Number of each species of Sturgeon received. (3) A fish transport permit shall accompany the receipt of sale for any live sturgeon. Statutory/Other Authority: ORS 496.012 & 496.138 Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455 History: DFW 121-2007, f. & cert. ef. 11-14-07
635-007-0745 Revocation of Sturgeon Propagation Permit (1) The Commission may revoke a Sturgeon Propagation Permit in accordance with the applicable provisions of ORS 183.310 through 183.500 based on any of the following: (a) The Commission finds that the conduct of the facility would tend to be harmful to existing game fish or food fish populations; or (b) The permittee has violated any terms of any license, permit or operational plan issued by the Department; or (c) The permittee has filed to comply with any statute, rule or reporting requirement relevant to the operation of the facility; or (d) After request by the Department, the permittee has failed to pay any sums it owes to the Department or which are owed to the Department under any license or permit it holds or the benefits of which it enjoys. (2) Revocation of a Sturgeon Propagation Permit shall be in addition to and not in lieu of other penalties provided by law. Statutory/Other Authority: ORS 496.012 & 496.138 Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455 History: DFW 121-2007, f. & cert. ef. 11-14-07
635-007-0820 Salmon Production Programs (1) Salmon Hatchery Programs proposed for public hatcheries, the Salmon and Trout Enhancement Program (STEP), Cooperative Salmon Hatchery Programs, and for private salmon hatcheries shall be provided for department staff review and planning prior to commencement of egg collection each year. Such programs shall include at least: (a) Rearing location; (b) Species; (c) Egg source or stock; (d) Number to be released; (e) Expected size at release; (f) Expected time of release; (g) Special treatment, marks, handling, etc.; (h) Release site or project. (2) Proposed revisions of accepted salmon hatchery programs due to unforeseen shortages of eggs, changes in facility availability or status, or necessary management adjustments shall be reviewed and approved by department staff prior to implementtion of any proposed revisions. (3) Transport and release authorization shall be obtained from department fish culture staff prior to moving fish between facilities or releasing fish. No authorization shall be given if fish do not meet criteria shown in previously approved programs for release size, time, and mark rate, or if disease control regulations are not met. (4) Summaries of releases, by hatchery and site (including STEP projects) will be prepared by the department at completion of releases for the year. 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 FWC 2-1992, f. 1-28-92, cert. ef. 2-1-92 FWC 25-1984, f. 6-21-84, ef. 7-1-84
635-007-0900 Scientific Taking Permit Required (1) Any person must have in possession a valid Scientific Taking Permit issued by the Department in order to take fish from the waters of this state for scientific or educational purposes. (2) Except as provided in section (3) of this rule, a Scientific Taking Permit issued by the Department to any agency, corporation, association or other such entity of which one or more members may engage in the taking of fish, will be issued in the name of the entity. It shall be the responsibility of the entity to provide a copy of the permit to each member who intends to take fish and to have the member sign the permit copy on the signature line provided. A copy of a Scientific Taking Permit issued to an entity shall not be considered a valid permit unless signed by the member engaged in the taking of fish. (3) Any student desiring to take fish for scientific or educational purposes as part of a program or course of study at an educational institution must obtain a Scientific Taking Permit in the student’s own name. Students are not authorized to take fish under Scientific Taking Permits issued to an educational institution or its instructors. (4) The Department may refuse to issue any Scientific Taking Permit if it finds: (a) The proposed taking lacks scientific or educational merit or would adversely affect the fish populations of this state; or (b) The applicant violated any term of any license or permit issued by the Department. Statutory/Other Authority: ORS 183.335, 496.138, 497.252 & .298, 506.109, 506.119 & 508.111 Statutes/Other Implemented: ORS 183.335, 496.138, 497.252, 497.298, 506.109, 506.119 & 508.111 History: FWC 18-1992, f. 3-24-92, cert. ef. 4-1-92
635-007-0910 Scientific Taking Permit Application — Fish (1) Any person or entity wishing to obtain a Scientific Taking Permit must complete and submit to the Department the appropriate permit application form. (a) No fee is charged for Fish Scientific Taking Permits issued for scientific or educational purposes as part of a program or course of study at a K-12 educational institution. (b) A fee of $119.50 (plus a $2.00 license agent fee) shall be charged for each Fish Scientific Taking Permit issued for any agency, corporation, association, or other such entity. (2) The Department may prescribe such terms and conditions in a permit as it may deem necessary to ensure that fish taken pursuant to the permit will be used only for scientific or educational purposes. (3) Permits will not be issued to any person or entity for the purpose of collecting fish to sell to scientific or educational supply houses or to any other person or entity. Statutory/Other Authority: ORS 496.138, SB 247 (2015), ORS 496.146 & ORS 506.119 Statutes/Other Implemented: ORS 497.298 & ORS 508.111 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 145-2009, f. 12-9-09, cert. ef. 1-1-10 DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04 FWC 18-1992, f. 3-24-92, cert. ef. 4-1-92
635-007-0920 Report Requirement Each person or entity issued a Scientific Taking Permit may be required to submit to the Department written reports describing the date(s), specific location(s) and the number of species of fish taken and/or released live under a permit during the permit period. Statutory/Other Authority: ORS 183.335, 496.138, 497.252 & .298, 506.109, .119 & 508.111 Statutes/Other Implemented: ORS 183.335, 496.138, 497.252 & .298, 506.109, .119 & 508.111 History: FWC 18-1992, f. 3-24-92, cert. ef. 4-1-92
635-007-0930 Transport Authority A Scientific Taking Permit may specify under what conditions the permittee is authorized to transport live fish, eggs or larvae within the state of Oregon collected under the Scientific Taking Permit. A Scientific Taking Permit with specific transport conditions excuses the permittee from the obligation to obtain a Fish Transport Permit under OAR 635-007-0600. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 497.252, 497.298, 498.222 & 508.111 History: DFW 110-2001, f. & cert. ef. 11-23-01 FWC 18-1992, f. 3-24-92, cert. ef. 4-1-92
635-007-0940 Nongame Fish Protected Notwithstanding OAR 635-011-0220, the Department may issue a Scientific Taking Permit for studies of any white amur, Warner Sucker, Borax Lake Chub, Foskett Springs Dace, Oregon Tui Chub of Hutton Springs, or Lost River and Shortnose Suckers of Klamath County. Statutory/Other Authority: ORS 183.335, 496.138, 497.252 & .298, 506.109, 506.119 & 508.111 Statutes/Other Implemented: ORS 183.335, 496.138, 497.252, 497.298, 506.109, 506.119 & 508.111 History: FWC 18-1992, f. 3-24-92, cert. ef. 4-1-92
635-007-0950 Revocation of Permit (1) The Commission may revoke a Scientific Taking Permit in accordance with the applicable provisions of ORS 183.310 through 183.500 if the holder of the permit has violated any of the terms or conditions of the permit or any regulation within OAR 635. (2) Revocation of a Scientific Taking Permit is in addition to and not in lieu of other penalties provided by law. Statutory/Other Authority: ORS 183.335, 496.138, 497.252 & .298, 506.109, 506.119 & 508.111 Statutes/Other Implemented: ORS 183.335, 496.138, 497.252 & .298, 506.109, .119 & 508.111 History: FWC 18-1992, f. 3-24-92, cert. ef. 4-1-92
635-007-0960 Purpose The purpose of the Fish Health Management Policy is to describe measures that minimize the impact of fish diseases on the state’s fish resources. This policy applies to all Department hatchery operations and programs, including Salmon and Trout Enhancement Program (STEP), fish propagation projects (OAR 635-009-0090 through 635-009-0240), Cooperative Salmon Hatchery Programs (OAR 635-009-0400 through 635-009-0455), and to all other persons importing, transporting, releasing, or rearing non-aquaria species in this state, including, but not limited to persons operating private fish rearing facilities and research facilities. Stat: Auth.: ORS 496, 497, 498, 506 & 508 Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508 History: DFW 96-2003, f. & cert. ef. 9-19-03
635-007-0965 Fish Health Management Policy The Department must restrict the introduction, amplification, and dissemination of disease agents in hatchery produced fish (hatchery produced stock or naturally-produced native stock) and in natural environments by controlling egg and fish movements and by prescribing a variety of preventative, therapeutic, and disinfecting strategies to control the spread of disease agents in fish populations of the state. This entails inspecting and detecting disease agents from fish in all hatchery facilities and natural environments. It also entails containing and treating disease agents to minimize impacts on fish populations. Stat: Auth.: ORS 496, 497, 498, 506 & 508 Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508 History: DFW 96-2003, f. & cert. ef. 9-19-03
635-007-0970 Fish Disease and Pathogen Categories (1) "Category I" or "Emergency" fish disease agents are those for which there is no known treatment and that have not been determined to occur in Oregon as of September 1, 2003. Disease agents in this category are the European strain of Viral Hemorrhagic Septicemia (VHS), Oncorhynchus masou virus (OMV) and Channel Catfish Virus (CCV). Disease agents may be added to this category as they are identified. (2) "Category II" or "Certifiable" disease agents can be highly contagious, may cause catastrophic losses and do not have a known cure. Disease agents in this category are the North American strain of Viral Hemorrhagic Septicemia (VHS), Infectious Hematopoietic Necrosis Virus (IHN), Infectious Pancreatic Necrosis Virus (IPN), Infectious Salmon Anemia (ISA), Spring Viremia of Carp (SVC), and Piscirickettsia salmonis. Disease agents may be added to this category as they are identified in state waters or may be moved to a more or less strict category as disease concerns change. (3) "Category III" or "Reportable" disease agents may be enzootic in populations or watersheds but are not necessarily of such concern as to prevent all transfer or release of fish. This category includes drug resistant strains of fish disease agents otherwise falling in Category IV. Disease agents in this category are Erythrocytic Inclusion Body Syndrome (EIBS virus), Viral Erythrocytic Necrosis Virus (VEN), sturgeon iridovirus, Renibacterium salmoninarum (bacterial kidney disease), Flavobacterium psychrophilum (cold water disease), Aeromonas salmonicida (furunculosis disease), Yersinia ruckeri (enteric red mouth disease), drug resistant strains of bacterial disease agents, Myxobolus cerebralis (whirling disease), Tetracapsuloides bryosalmonae (Proliferative Kidney Disease), Ceratomyxa shasta (ceratomyxosis), and Nucleospora salmonis. Disease agents may be added to this category as they are identified in state waters or may be moved to a more or less strict category as disease concerns change. (4) "Category IV" or "Historical" disease agents are those associated with a particular area, water body, or facility either in Oregon or in another state or country in which fish are raised or where a disease agent is associated with an intermediate non-fish host. This category also includes Category I through III diseases if previously found at a particular facility but no longer occurring there. Disease agents in this category are flatworms, round worms, tapeworms, ciliated and flagellated parasites, myxosporean (other than Myxobolus cerebralis, Tetracapsuloides bryosalmonae and Ceratomyxa shasta), microsporidian parasites (other than Nucleospora salmonis), fungal agents, bacterial agents, transient viral agents, and other classes of infectious agents not previously listed. Disease agents may be added to this category as they are identified in state waters or may be moved to a stricter category as disease concerns change. Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508 History: DFW 117-2020, amend filed 09/09/2020, effective 09/09/2020 DFW 96-2003, f. & cert. ef. 9-19-03
635-007-0975 Import, Export or Transfer of Pathogens and Diseases (1) The Department may allow a transfer or release fish if the disease agent has not occurred within the past three years of fish rearing, fish are appropriately treated to prevent disease transmission before transfer, or if the disease agent also occurs in the receiving waters. (2) No person may import, export, or transfer susceptible fish from a site or area where a Category I disease agent has been found until the Department has determined that the site or area is acceptable and has issued a valid Fish Transport Permit pursuant to OAR 635-007-0600. One of the Department’s fish health specialists may make the required determination and provide a memorandum to Fish Division. (3) The Department may authorize a person to import, export, or transfer fish that have or are from a station or area with a recent or continuing history of Category II disease agent by issuing a Fish Transport Permit. The Department must restrict the import, transfer, or release of fish from facilities in which Category II disease agents have been detected within the life cycle of a fish species or that have not been eliminated by effective treatment to only those areas where that disease is already endemic. The Department must restrict the transfer or release of fish that may expand the geographic distribution of disease agents in this category. (4) The Department must restrict the import, transfer, and release of fish from facilities in which Category III disease agents have been detected within the life cycle of a fish species or that have not been eliminated by effective treatment to only those areas where that disease is already endemic. (5) Fish from facilities with a history of, but no current occurrence of Category I through III diseases will be treated as if they were in Category IV. The Department may issue a Fish Transport Permit for transfer or release of fish with the presence of disease agents in this category if the disease agent has not occurred within the past three years of fish rearing, the fish are appropriately treated for disease before transfer, or the disease agent occurs in the receiving waters. The Department may deny a Fish Transport Permit to transfer or import fish from facilities where Category III and IV diseases agents have been identified until acceptable treatment or improved history record (three years without disease detection) requirements have been met through appropriate fish health examinations. Stat: Auth.: ORS 496, 497, 498, 506 & 508 Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508 History: DFW 96-2003, f. & cert. ef. 9-19-03
635-007-0980 Additional Reference Material for Fish Disease Management Guidelines for inspection of fish for diseases are found in the Integrated Hatchery Operation Team Policies and Procedures for Columbia Basin Anadromous Salmonid Hatcheries (IHOT 1995), American Fisheries Society Fish Health Blue Book (AFS-FHS Suggested procedures for the detection and identification of certain finfish and shellfish pathogens. 5th ed., 2002, Fish Health Section, American Fisheries Society), the inspection manual of this reference may be found at http://fisheries.fws.gov/FHC/handbook.htm), the Fish Health Protection Regulations Manual of Compliance of Canada, 1984 and the Pacific Northwest Fish Health Protection Committee Model Comprehensive Fish Health Protection Program (September 1989), http://www.efw.bpa.gov/Environment/EW/EWP/DOCS/ REPORTS/HATCHERY/A60629.pdf Stat: Auth.: ORS 496, 497, 498, 506 & 508 Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508 History: DFW 96-2003, f. & cert. ef. 9-19-03