635-040-0101 Marking Requirements and Stray Rates (1) This rule applies to private salmon hatcheries that release coho or chinook salmon. The following terms are used in this rule: (a) “Mark” means a removed fin and/or characteristic scale pattern; in some cases, a coded-wire tag imbedded in the fish in addition to a removed adipose fin; or some other less stressful method of marking approved by the Department for the purpose of identifying the origin of the fish; (b) “Critical Stray Prevalence” means the percentage of the total number of naturally spawning fish that may originate from a private salmon hatchery. (2) It is unlawful for any private salmon hatchery to release coho or chinook salmon that have been marked at a rate less than that required in Tables 1 through 3 of this rule. (3) Each private salmon hatchery permittee shall submit to the Department for approval, a sampling plan for examining for marks those adult salmon returning to the locations listed in the private salmon hatchery’s respective table. Each sampling plan shall be designed such that if the prevalence of strays were to reach the critical level listed in Tables 1 through 3, then the plan would result in an expected recovery of at least three marked fish. The Department shall approve a sampling plan if, in its judgment, the plan would result in recovery of at least three marked fish if the number of strays reaches critical stray prevalence. (4) Each private salmon hatchery permittee shall fund and implement its approved sampling plan in accordance with section (5) of this rule. The Department may require any permittee to execute a security agreement in accordance with ORS Chapter 79 covering agreed upon collateral, including fish and eggs, to fully cover estimated costs of such marking and sampling plan. (5) The following requirements apply, by hatchery: (a) Anadromous, Inc.: (A) Beginning in 1993, if Anadromous, Inc., exceeds the critical stray prevalence listed in Table 1, lines A or C, in two years out of five, Anadromous, Inc., shall advance the latest date of broodstock selection and spawning to a date approved by the Department in order to achieve greater reproductive isolation between their spring chinook salmon and the local fall chinook salmon; (B) Beginning in 1993, if Anadromous, Inc., exceeds the critical stray prevalence listed in Table 1, Lines B, D, or E, in two years out of five, Anadromous, Inc., shall reduce the number of spring chinook salmon released in the next subsequent brood year to a level determined by the Department to meet the critical stray prevalence, until such time as it is feasible, in the judgment of the Department, to achieve a reduction in straying rate through alteration of rearing or release practices; (C) Beginning in 1990, if Anadromous, Inc., exceeds the critical stray prevalence listed in Table 1, lines F or G, in two years out of five, Anadromous, Inc., shall reduce the number of coho salmon released in the next subsequent brood year to a level determined by the Department to meet the critical stray prevalence, until such time as it is feasible, in the judgment of the Department, to achieve a reduction in straying rate through alteration of rearing or release practices. (b) OreAqua, Inc.: (A) Beginning in 1993, if OreAqua, Inc., exceeds the critical stray prevalence listed in Table 2, lines A or C, in two years out of five, OreAqua, Inc., shall advance the latest date of broodstock selection and spawning to a date approved by the Department in order to achieve grater reproductive isolation between their spring chinook salmon and the local fall chinook salmon; (B) Beginning in 1993, if OreAqua, Inc., exceeds the critical stray prevalence listed in Table 2, Lines B, D, or E, in two years out of five, OreAqua, Inc., shall reduce the number of spring chinook salmon released in the next subsequent brood year to a level determined by the Department to meet the critical stray prevalence, until such time as it is feasible, in the judgment of the Department, to achieve a reduction in straying rate through alteration of rearing or release practices; (C) Beginning in 1990, if OreAqua, Inc., exceeds the critical stray prevalence listed in Table 2, lines F or G, in two years out of five, OreAqua, Inc., shall reduce the number of coho salmon released in the next subsequent brood year to a level determined by the Department to meet the critical stray prevalence, until such time as it is feasible, in the judgment of the Department, to achieve a reduction in straying rate through alternation of rearing or release practices. (c) Oregon Pacific Salmon Ranch, Inc.: Beginning in 1993, if Oregon Pacific Salmon Ranch, Inc., exceeds the critical stray prevalence listed in Table 3 in two years out of five, Oregon Pacific Salmon Ranch, Inc., shall reduce the number of spring chinook salmon released in the next subsequent brood year to a level determined by the Department to meet the critical stray prevalence, until such time as it is feasible, in the judgment of the Department, to achieve a reduction in straying rate through alteration of rearing or release practices. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 496, 498, 506 & 508 Statutes/Other Implemented: ORS 496, 498, 506 & 508 History: FWC 3-1991, f. & cert. ef. 1-18-91 FWC 124-1989, f. 12-19-89, cert. ef. 1-1-90