justicedao/ipfs_state_laws huggingface dataset:
635-500-6020 Summer Steelhead (1) The following policies apply to summer steelhead management in the upper Deschutes subbasin: (a) Only specific pathogen free hatchery reared eggs or juvenile summer steelhead will be released into the upper Deschutes River subbasin until they return as adults to the Pelton Trap. (b) Only summer steelhead adults known to have originated upstream of Round Butte Dam or reared in a M. cerebralis free environment will be released above the dam until passage measures are proven successful. (c) Summer steelhead of any origin may be considered for passage upstream of Round Butte Dam once it has been determined the population is able to sustain itself. (d) The upper Deschutes River subbasin will be managed for native summer steelhead consistent with the Native Fish Conservation Policy (OAR 635-007-0503). (2) The following objectives apply to summer steelhead management in the upper Deschutes subbasin: (a) Maintain self-sustaining populations of naturally produced summer steelhead upstream of Round Butte Dam. A stock recruitment model will be developed for native summer steelhead to determine specific escapement numbers necessary to meet conservation goals. (b) Provide a non-consumptive recreational fishery above Pelton if naturally produced summer steelhead spawner escapement exceeds conservation goals in five consecutive years. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 129-2003, f. & cert. ef. 12-15-03
635-500-6030 Spring Chinook (1) The following policies apply to spring chinook management in the upper Deschutes subbasin: (a) Only specific pathogen free hatchery reared eggs or juvenile spring chinook will be released into the upper Deschutes River subbasin until they return as adults to the Pelton Trap. (b) Only spring chinook adults known to have originated upstream of Round Butte Dam or reared in a M. cerebralis free environment will be released above the dam until passage measures are proven successful. (c) Spring chinook of any origin may be considered for passage into habitats upstream of Round Butte Dam once it has been determined the population is able to sustain itself. (d) The upper Deschutes River subbasin will be managed for native spring chinook consistent with the Native Fish Conservation Policy (OAR 635-007-0503). (2) The following objectives apply to spring chinook management in the upper Deschutes subbasin: (a) Maintain conservation levels of self-sustaining populations of naturally produced spring chinook upstream of Round Butte Dam. A stock recruitment model will be developed for spring chinook to determine specific escapement numbers necessary to meet conservation goals. (b) Provide opportunity to harvest spring chinook if spawner escapement goal is exceeds conservation goals in five consecutive years. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 129-2003, f. & cert. ef. 12-15-03
635-500-6040 Sockeye Salmon (1) The following policies apply to sockeye salmon management in the upper Deschutes subbasin: (a) Sockeye will be introduced into the Metolius River and tributaries including Suttle Lake and Link Creek through the release of hatchery reared specific pathogen free gametes and smolts into the Metolius and its tributaries. (b) Adult sockeye arriving at the Pelton Ladder that are from a freshwater lineage will be spawned to provide the source of gametes and smolts for introduction into the Metolius River and its tributaries. (c) Only selected adults of known Metolius River origin will be released upstream of Round Butte and Pelton Dams until passage measures are proven successful. (d) Sockeye salmon of any origin may be considered for passage upstream of Round Butte Dam once it has been determined the population is able to sustain itself. (e) The upper Deschutes River subbasin will be managed for hatchery and naturally produced sockeye in the Metolius River and tributaries consistent with the Native Fish Conservation Policy (OAR 635-007-0503). (2) The following objectives apply to sockeye salmon management in the upper Deschutes subbasin: (a) Achieve and maintain a self-sustaining population of naturally produced sockeye salmon in the Metolius River and its tributaries. (b) Manage for a population level that allows for a naturally established equilibrium between resident kokanee and sockeye salmon in the Metolius River. (c) Sockeye salmon in the lower Deschutes River will be managed to produce a fishery opportunity after recruits per spawner ratios have demonstrated a harvestable surplus in three successive years or after a predictive model has been established based on escapement. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 129-2003, f. & cert. ef. 12-15-03
635-500-6050 Bull Trout (1) The following policies apply to bull trout management in the upper Deschutes subbasin: (a) Bull trout populations in the upper and lower Deschutes subbasins will be reconnected through passage at the Pelton-Round Butte Hydroelectric Project. (b) The Deschutes River basin will be managed for naturally produced bull trout consistent with the Native Fish Conservation Policy (OAR 635-007-0503). (2) The following objectives apply to bull trout management in the upper Deschutes subbasin: (a) Maintain naturally produced self-sustaining populations of bull trout in the Deschutes River basin. (b) Bull trout in the upper and lower Deschutes subbasins will be managed to provide fisheries opportunities when conservation management objectives are met in three successive years. Fisheries opportunities will be assessed by population sub-unit. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 129-2003, f. & cert. ef. 12-15-03
635-500-6060 Pacific Lamprey (1) The following policies apply to pacific lamprey management in the upper Deschutes subbasin: (a) Pacific lamprey will be re-introduced into habitats in the upper Deschutes Basin. Adult lamprey will be passed above the Pelton-Round Butte Hydroelectric Project. (b) Manage pacific lamprey in the Deschutes River and its tributaries for naturally produced sustainable populations consistent with the Native Fish Conservation Policy (OAR 635-007-0503), and the species protected status (OAR 635-044-0130). (2) The following objective applies to pacific lamprey management in the upper Deschutes subbasin: Protect pacific lamprey in the Deschutes River basin. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 129-2003, f. & cert. ef. 12-15-03
635-500-6700 Organization of Rules These rules (OAR 635-500-6700 through 635-500-6765) establish the Commission’s policy for the non-tribal Columbia River Recreational and Commercial Fisheries Management Framework. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13
635-500-6710 Columbia River Fisheries Department staff shall manage fisheries consistent with the guiding principles and the allocation framework and provisions in OAR 635-500-6715 through 635-500-6765. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13
635-500-6715 Spring Chinook (1) Transition Period (2013–January 31, 2017). (a) In 2013, assign 65%, then 70% of the ESA-impact for upriver spring Chinook stocks to mainstem recreational fisheries. (b) In 2013, assign 35%, then 30% to off-channel and mainstem commercial fisheries. (2) Long Term (February 1, 2017 and Beyond). (a) Assign 80% of the ESA-impact to mainstem recreational fisheries. If the recreational allocation, including areas upstream of Bonneville Dam and in the Snake River, is unlikely to be fully used, the unused portion of that allocation shall be transferred to the commercial fishery. (b) Assign 20% to commercial fisheries. Mainstem commercial fisheries may occur only after the run size update and will use tangle nets or other selective gear, if developed. Unused commercial impacts will not be transferred to recreational fisheries. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 18-2020, temporary amend filed 02/20/2020, effective 02/20/2020 through 06/30/2020 DFW 29-2017, f. 3-22-17, cert. ef. 4-4-17 DFW 4-2017, f. & cert. ef. 1-25-17 DFW 147-2016, f. 12-7-16, cert. ef. 12-15-16 DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13
635-500-6720 Summer Chinook (1) Transition Period (2013–April 4, 2017). (a) In 2013-14, assign 60%, then 70% of the harvestable surplus available for use downstream from Priest Rapids Dam to mainstem recreational fisheries. (b) In 2013-14, assign 40%, then 30% to off-channel and mainstem commercial fisheries. (2) Long Term (April 5, 2017 and Beyond). (a) Assign 80% of the harvestable surplus available for use downstream from Priest Rapids Dam to mainstem recreational fisheries. (b) Assign 20% of the harvestable surplus available for use downstream from Priest Rapids Dam to off-channel and mainstem commercial fisheries using gears other than gill nets. Unused commercial harvest will not be transferred to recreational fisheries. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 29-2017, f. 3-22-17, cert. ef. 4-4-17 DFW 4-2017, f. & cert. ef. 1-25-17 DFW 147-2016, f. 12-7-16, cert. ef. 12-15-16 DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13
635-500-6725 Sockeye (1) Transition Period (2013–January 31, 2017). (a) Assign 70% of the ESA-impact for Snake River sockeye to mainstem recreational fisheries. (b) Assign 30% to mainstem commercial fisheries for incidental harvest of sockeye in Chinook-directed fisheries. (2) Long Term (February 1, 2017 and Beyond). (a) Assign approximately 80% of the ESA-impact for Snake River sockeye to mainstem recreational fisheries. (b) Assign the remaining balance to commercial fisheries for incidental harvest of sockeye in Chinook-directed fisheries. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 4-2017, f. & cert. ef. 1-25-17 DFW 147-2016, f. 12-7-16, cert. ef. 12-15-16 DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13
635-500-6730 Tule Fall Chinook (1) Transition Period (2013–April 4, 2017). (a) Assign no more than 70% of the ESA-impact for lower Columbia River Tule fall Chinook to mainstem recreational fisheries. (b) Assign not less than 30% to off-channel commercial fisheries, mainstem commercial fisheries that target Upriver Bright and Lower River Hatchery Fall Chinook. (2) Long Term (April 5, 2017 and Beyond). (a) Assign no more than 70% of the remaining ESA-impact for lower Columbia River Tule Fall Chinook to mainstem recreational fisheries. (b) Assign not less than 30% of the remaining ESA-impact for lower Columbia River Tule Fall Chinook to off-channel commercial fisheries and mainstem commercial fisheries that target Upriver Bright and Lower River Hatchery Fall Chinook and hatchery coho. Use up to 2% of commercial ESA impacts of the most constraining stock for use in lower river commercial fisheries using alternative gears. The Department shall approve alternative gears for use. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 29-2017, f. 3-22-17, cert. ef. 4-4-17 DFW 4-2017, f. & cert. ef. 1-25-17 DFW 147-2016, f. 12-7-16, cert. ef. 12-15-16 DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13
635-500-6735 Upriver Bright Fall Chinook (1) Transition Period (2013–April 4, 2017). (a) Assign no more than 70% of the ESA-impact for Snake River Wild Fall Chinook to mainstem recreational fisheries. (b) Assign not less than 30% to off-channel and mainstem commercial fisheries. Provide additional mainstem commercial harvest when recreational fishery objectives (OAR 635-500-6760) are expected to be met. (2) Long Term (April 5, 2017 and Beyond). (a) Assign no more than 70% of the ESA-impact for Snake River Wild Fall Chinook to mainstem recreational fisheries. (b) Assign not less than 30% to off-channel and mainstem commercial fisheries. Provide additional mainstem commercial harvest when recreational fishery objectives (OAR 635-500-6760) are expected to be met. Use up to 2% of commercial ESA impacts of the most constraining stock for use in lower river commercial fisheries using alternative gears. The Department shall approve alternative gears for use. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 29-2017, f. 3-22-17, cert. ef. 4-4-17 DFW 4-2017, f. & cert. ef. 1-25-17 DFW 147-2016, f. 12-7-16, cert. ef. 12-15-16 DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13
635-500-6740 Coho (1) Transition Period (2013–January 31, 2017). (a) Assign commercial fisheries a sufficient share of the ESA-impact for Lower Columbia Natural coho to implement off-channel coho and fall Chinook fisheries and mainstem fall Chinook fisheries. (b) Assign the remaining balance to in-river mainstem recreational fisheries. If these fisheries are expected to be unable to use all of the ESA-impact for Lower Columbia Natural coho, assign the remainder to mainstem commercial coho fisheries. (2) Long Term (February 1, 2017 and Beyond). (a) Assign commercial fisheries a sufficient share of the ESA-impact for Lower Columbia Natural coho to implement off-channel coho and fall Chinook fisheries and mainstem fall Chinook and hatchery coho fisheries. (b) Assign the balance to in-river mainstem recreational fisheries. If these fisheries are unable to use all of the ESA-impact for Lower Columbia Natural coho, assign the remainder to mainstem commercial coho fisheries. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 4-2017, f. & cert. ef. 1-25-17 DFW 147-2016, f. 12-7-16, cert. ef. 12-15-16 DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13
635-500-6745 Chum (1) Transition Period (2013–January 31, 2017). (a) Assign commercial fisheries a sufficient share of the ESA-impact for chum to implement off-channel and mainstem fisheries targeting other salmon species. (b) Prohibit the retention of chum salmon in recreational and commercial fisheries. (2) Long Term (February 1, 2017 and Beyond). (a) Assign commercial fisheries a sufficient share of the ESA-impact for chum to implement off-channel and mainstem fisheries targeting other salmon species. (b) Prohibit the retention of chum salmon in recreational and commercial fisheries. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 4-2017, f. & cert. ef. 1-25-17 DFW 147-2016, f. 12-7-16, cert. ef. 12-15-16 DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13
635-500-6750 White Sturgeon (1) Transition Period (2013–January 31, 2017). (a) In years when retention is allowed, allocate 90% of the harvestable surplus downstream from Bonneville Dam for use in non-tribal fisheries and hold 10% in reserve as an additional conservation buffer above the maximum harvest rate allowed in Oregon’s white sturgeon conservation plan. (b) Assign 80% of the white sturgeon available for harvest to the recreational fishery. (c) Assign 20% to off-channel and mainstem commercial fisheries. (2) Long Term (February 1, 2017 and Beyond). (a) In years when retention is allowed, allocate 90% of the harvestable surplus downstream from Bonneville Dam for use in non-tribal fisheries and hold 10% in reserve as an additional conservation buffer above the maximum harvest rate allowed in Oregon’s white sturgeon conservation plan. (b) Assign 80% of the white sturgeon available for harvest to the recreational fishery. (c) Assign the balance (20%) to off-channel and mainstem commercial fisheries. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 4-2017, f. & cert. ef. 1-25-17 DFW 147-2016, f. 12-7-16, cert. ef. 12-15-16 DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13
635-500-6755 Additional Commercial Opportunity Additional opportunity for mainstem commercial fisheries shall be provided: (1) If recreational fisheries are predicted to be unable to use their allocated impacts; (2) If established objectives for mainstem recreational fisheries are predicted to be met; or (3) If needed to remove lower river hatchery tule Chinook and coho using selective techniques to meet conservation objectives. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13
635-500-6760 Fall Recreational Fishery Objectives Within limitations described in OAR 635-500-6730 thru 635-500-6750, fall recreational fishery objectives include: (1) Buoy 10 to Tongue Point. The recreational fishing objective for Buoy 10 is defined as a season beginning August 1 and continuing through Labor Day (34 days; assuming Labor Day is September 3). (2) Tongue Point to Warrior Rock. The recreational fishing objective for the area from Tongue Point upstream to Warrior Rock is defined as a season beginning August 1 and continuing through September 7 as non-mark selective with an additional week of mark selective fishing during September 8–14 (45 days). (3) Warrior Rock to Bonneville Dam. The recreational fishing objective for the area from Warrior Rock upstream to Bonneville Dam is defined as a season beginning August 1 and continuing through October 31 when the season is assumed to be essentially complete (92 days). Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13
635-500-6765 Adaptive Management (1) The Department shall use adaptive management principles within its statutory authority in support of achieving the expectations outlined in the guiding principles of this plan. (2) The Commission will monitor implementation of the plan with an initial review in 2014 and undertake a comprehensive review at the end of the transition period. If the guiding principles are not being met, efforts will be made to determine why and the Commission will direct the Department to identify and evaluate alternative or additional management actions necessary to meet the principles. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13
635-600-0000 Statement of Purpose and Statutory Authority Purpose: These rules provide for the Department’s acquisition of information about a subject individual’s criminal history through criminal history checks and its use of that information to determine whether the subject individual is fit to provide services to the Department as an employee, contractor, vendor or volunteer in a position covered by OAR 635-600-0010(2). The fact that the Department approves a subject individual as fit does not guarantee the individual a position as a Department employee, contractor, vendor or volunteer. Statutory/Other Authority: ORS 496.121 & ORS 181A.195 Statutes/Other Implemented: ORS 181A.195 & ORS 496.121 History: DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018 DFW 149-2009, f. 12-15-09, cert. ef. 1-1-10 DFW 40-2008, f. & cert. ef. 4-24-08
635-600-0010 Subject Individual “Subject Individual” means a person who is required to complete a criminal history check pursuant to these rules and from whom the Department may require fingerprints for the purpose of conducting a criminal history check because the person: (1)(a) Is employed by or considered for employment by the Department; or (b) Provides services or seeks to provide services to the Department as a contractor, vendor or volunteer; and (2) Is, or will be, working or providing services in a position: (a) In which the person has direct access to persons under 18 years of age, elderly persons or persons with disabilities; (b) That has personnel or human resources functions as one of the position’s primary responsibilities; (c) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems; (d) That involves the use, possession, issuance, transport, purchase, sale or forfeiture of firearms or munitions, access to firearms or munitions or the training of others in the use or handling of firearms; (e) In which the person resides on property managed by the Department; (f) In which the person has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations; (g) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state; (h) That has mailroom duties as a primary duty or job function; (i) In which the person has responsibility for auditing the Department; (j) In which the person has access to Social Security numbers, dates of birth or criminal background information of employees or members of the public; or (k) In which the person has access to tax or financial information about individuals or business entities. Statutory/Other Authority: ORS 181A.195 & ORS 496.121 Statutes/Other Implemented: ORS 181A.195 & ORS 496.121 History: DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018 DFW 149-2009, f. 12-15-09, cert. ef. 1-1-10 DFW 40-2008, f. & cert. ef. 4-24-08