justicedao/ipfs_state_laws huggingface dataset:
635-500-0550 Miscellaneous Native Fish Species (1) The following operating principle applies to miscellaneous native fish species in the Tenmile Lakes Basin: Miscellaneous native fish species shall be managed for natural production under the Natural Production Policy. (2) In accordance with this operating principle, it is the objective of the Department to maintain populations of these native species at an abundance consistent with their habitat requirements. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 14-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0555 Unauthorized Fish Species It is the objective of the Department to prevent additional illegal introductions of game and nongame fish species into Tenmile Lakes Basin. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 14-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0560 Angler Access It is the objective of the Department to: (1) Develop access sites within the Tenmile Lakes Basin and investigate potential boat access points for North Tenmile Lake. (2) Maintain and improve existing access sites. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 14-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0565 Angling and Boating Law Enforcement It is the objective of the Department to: (1) Minimize illegal harvest through coordinated efforts with Oregon State Police and Coos County Sheriff’s Department. (2) Coordinate efforts with the Coos County Sheriff’s Department to minimize illegal and unsafe boating practices by recreationists. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0600 Yaquina River Basin Fish Management — Organization of Rules Administrative rules for the Yaquina River basin contained in OAR 635-500-0600 through 635-500-0685 apply to all waters of the Yaquina River basin. All issues related to management of salmon (except coho), steelhead, and cutthroat trout in this basin are addressed in the Coastal Multi-Species Conservation and Management Plan (635-500-6775). Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 77-2014, f. & cert. ef. 6-24-14 DFW 60-2014, f. & cert. ef. 6-10-14 FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0615 Coho Salmon The following operating principles apply to coho salmon in the Yaquina River Basin: (1) The Yaquina River Basin shall be managed for the production of naturally produced coho salmon with an option for a hatchery program consistent with provisions in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon). (2) In accordance with these operating principles, it is the objective of the Department to: (a) Recover the naturally produced coho population in the Yaquina River Basin consistent with the six measurable criteria for desired status contained in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon); (b) Recover Yaquina River Basin naturally produced coho salmon sufficiently to prevent restrictions on fisheries targeting other species or fin clipped hatchery coho, and sufficiently to provide for future harvest in the Yaquina River Basin consistent with OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon). Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 22-2007, f. & cert. ef. 4-5-07 FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0635 White and Green Sturgeon (1) The following operating principle applies to white and green sturgeon in the Yaquina River Basin: White and green sturgeon shall be managed for wild production under the Wild Fish Management Policy (OAR 635-007-0525 through 635-007-0529). No hatchery fish shall be released into the basin. (2) In accordance with this operating principle, it is the objective of the Department to maintain the abundance of sturgeon by carrying out the habitat objectives of this plan. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0640 American Shad (1) The following operating principle applies to American shad in the Yaquina River basin: American shad shall be managed for wild production. No hatchery fish shall be released into the Yaquina River Basin. (2) In accordance with this operating principle, it is the objective of the Department to maintain a stable population of American shad while striving to increase harvest use of the species. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0645 Miscellaneous Freshwater and Anadromous Fish Species It is the objective of the Department to maintain populations of the native miscellaneous freshwater and anadromous fish species at an abundance consistent with their habitat requirements. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0650 Clams (1) The following operating principle applies to clams in the Yaquina River Basin: The Department shall promote optimum use of the clam resource. (2) In accordance with this operating principle, it is the objective of the Department to maintain the abundance, diversity, and habitat of each clam species in Yaquina Bay. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0655 Ghost and Mud Shrimp (1) The following operating principle applies to ghost and mud shrimp in the Yaquina River Basin: Yaquina Bay ghost and mud shrimp resources and fisheries shall be managed by the Marine Resources Program according to Department and Commission policies. (2) In accordance with this operating principle, it is the objective of the Department to promote optimum use of ghost and mud shrimp in bait fisheries. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0660 Other Shellfish and Invertebrate Species It is the objective of the Department to maintain the abundance of crayfish, mussels, and red rock crabs as well as other miscellaneous shellfish and invertebrates. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0665 Pacific Herring (1) The following operating principle applies to Pacific herring in the Yaquina River Basin: The Department shall manage the estuarine spawning population to maintain the Pacific herring resource. (2) In accordance with this operating principle, it is the objective of the Department that the commercial harvest shall not exceed 20 percent of the available estimated spawning biomass. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0670 Marine Fish Species (1) The following operating principle applies to marine fish species in the Yaquina River Basin: The Department shall manage the ocean populations of marine fish species within optimum yield guidelines established by the Department and Pacific Fishery Management Council. (2) In accordance with this operating principle, it is the objective of the Department to maintain abundance of these species to continue providing recreational fisheries in the estuary at present levels, consistent with state policy and statutes. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0675 Miscellaneous Estuarine and Marine Fish Species It is the objective of the Department to maintain self-sustaining populations of miscellaneous estuarine and marine species. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0680 Dungeness Crab (1) The following operating principle applies to Dungeness crab in the Yaquina River basin: The recreational and commercial crab fishery shall be managed by the Marine Resources Program according to Department and Commission policies. (2) In accordance with this operating principle, it is the objective of the Department to maintain the current level of opportunity for recreational crabbers to harvest crab. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0685 Angler Access (1) The following operating principles apply to angler access in the Yaquina River basin: (a) The Department shall seek to provide access for boat and bank angling that will satisfy public need for a variety of angling opportunities; (b) Acquisition and development of access sites shall be consistent with guidelines and objectives for fish species and for habitat. (2) In accordance with these operating principles, it is the objective of the Department to: (a) Maintain and improve existing access sites in Yaquina Bay, tidewater regions, and along Big Elk Creek; (b) Develop additional access sites along the Yaquina River above Elk City. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0700 Clear Lake Clear Lake (Lane County) shall be managed for hatchery and natural production consistent with the Wild Fish Policy under the basic yield alternative of Oregon’s Trout Plan. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 117-1990, f. & cert ef. 10-15-90
635-500-0703 Diamond Lake Policies and objectives for fish management in Diamond Lake in the upper Umpqua Basin. (1) Policies: (a) Fingerling, legal and trophy sized rainbow trout shall be managed for hatchery production consistent with the Basic Yield Management Alternative of Oregon's Trout Plan (OAR 635-500-0115(4)); (b) Annual fingerling rainbow trout stocking will provide the primary fish production in Diamond Lake; and (c) Legal and trophy sized rainbow trout may be stocked annually to enhance trout production; (2) Objectives: (a) Provide quality, consumptive angling opportunities for hatchery produced trout; (b) Conduct ecologically based fishery monitoring and evaluations necessary to maintain ecologically based fishery objectives and healthy lake ecology; and (c) Provide for the prevention and control of illegally introduced fish species. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 150-2009, f. 12-16-09, cert. ef. 1-1-10 FWC 117-1990, f. & cert ef. 10-15-90
635-500-0706 Hosmer Lake Hosmer Lake shall be managed for hatchery and natural production under the Featured Species alternative of Oregon’s Trout Plan. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 117-1990, f. & cert ef. 10-15-90
635-500-0709 Hyatt Lake Hyatt Lake shall be managed for hatchery and natural production under two alternatives from the Warmwater Fish Plan and Oregon’s Trout Plan: Trout — Basic yield; Bass — Basic yield. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 117-1990, f. & cert ef. 10-15-90
635-500-0712 Lake Billy Chinook Lake Billy Chinook shall be managed for hatchery and natural production consistent with the Wild Fish Policy under the following alternatives of the Warmwater Fish Plan and Oregon’s Trout Plan: Kokanee — Intensive use; Rainbow and brown trout — Basic yield; Bull trout — Featured species; Bass — Basic yield. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 117-1990, f. & cert ef. 10-15-90
635-500-0790 General Fish Management Policies (1) To the extent authorized by law, the Department shall seek compensation for losses of production due to development and other man-made causes. (2) Hatchery production shall be evaluated to determine if benefits exceed costs. (3) The number of hatchery fish stocked in the Willamette Basin, regardless of species and size, shall not be increased and stream systems not currently receiving hatchery fish shall not be stocked, with the following exceptions: (a) Experimental programs where the number of fish released is relatively small and a planned and funded evaluation program exists; (b) Rehabilitation programs for native species; (c) As provided for in subbasin plans adopted by the Commission in public hearing; and (d) Special situations approved by the Commission in public hearing. (4) Stocking levels and areas shall be addressed in subbasin plans. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 History: FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-0800 Habitat Objectives (1) The following operating principles apply to the Willamette River Basin: (a) The Department shall actively pursue and promote habitat protection and improvement necessary to achieve the objectives for management of the subbasins’ fish resources; (b) The Department shall coordinate with and advise agencies that manage the land and water resources of Willamette subbasins; (c) Habitat protection shall be emphasized over habitat rehabilitation and enhancement; (d) Potential losses of fish production from habitat alteration shall be prevented or reduced to the extent possible. (2) In accordance with these operating principles, it is the objective of the Department to: (a) Maintain or improve upstream and downstream passage for fish at dams, water diversions, other manmade obstacles, and existing passage facilities; (b) Provide necessary in-stream flows for fish production; (c) Maintain high water quality; (d) Protect fish habitat from degradation associated with timber harvest, road construction, and related activities on forested lands; (e) Protect existing stream habitat in lowland areas from degradation associated with agricultural, residential and commercial development, and other human activities; (f) Reduce the impacts of reservoir construction and water management on fish production; (g) Expand public informational and educational programs dealing with habitat protection; (h) Inventory stream and watershed characteristics that affect fish production. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 History: FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-0810 Clackamas Subbasin Fish Management — Habitat (1) Objectives for habitat management in the Clackamas subbasin: (2) Promote habitat conditions that contribute to achieving the desired status identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575), and the Upper Willamette Conservation and Recovery Plan for Chinook salmon and steelhead (OAR 635-500-6600). This includes, but is not limited to, the following actions: (a) Maintain and improve upstream and downstream passage for anadromous fish at dams, diversions, power projects, and, where appropriate, at natural barriers; (b) Provide necessary in-stream flows for fish production; (c) Reduce the impacts of reservoir management on fish production; (d) Protect existing stream habitat from degradation associated with timber harvest and other related activities on forested lands, with road construction, and with development on private and agricultural lands; (e) Inventory streams and assess watershed characteristics that affect fish production. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 110-2011, f. & cert. ef. 8-9-11 DFW 116-2010, f. & cert. ef. 8-10-10 FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-0820 Winter Steelhead (1) The following operating principles apply to the Clackamas subbasin: (a) Winter steelhead in the Clackamas subbasin shall be managed for natural and hatchery production consistent with the desired status identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575); (b) Consistent with achieving the desired status for winter steelhead identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575), the lower subbasin below River Mill Dam shall be managed primarily for the production and harvest of hatchery winter steelhead. The subbasin above North Fork Dam shall be managed for natural production of the indigenous stock. (2) In accordance with these operating principles, it is the objective of the Department to: (a) Achieve the desired status for winter steelhead in the Clackamas subbasin identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575); (b) Monitor the status of the winter steelhead run in the Clackamas subbasin; (c) Maintain the genetic characteristics of the wild run; (d) Increase the potential average annual harvest of winter steelhead in the subbasin to 8,000 fish (2,000 in Eagle Creek and 6,000 in the main stem of the Clackamas River, above and below River Mill Dam). Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 116-2010, f. & cert. ef. 8-10-10 FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-0830 Summer Steelhead (1) The following operating principles apply to the Clackamas subbasin: (a) Summer steelhead shall be managed for hatchery production in the subbasin consistent with achieving the desired status identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575); (b) Summer steelhead smolts shall be released into streams that have suitable adult holding habitat throughout the summer and where adults will provide optimum recreational opportunity; (c) Only smolt-sized fish will be released to minimize competition with native salmonids. (2) In accordance with these operating principles, it is the objective of the Department to: (a) Minimize competition and possible interbreeding between non-indigenous summer steelhead and indigenous stocks of anadromous salmonids and resident trout; (b) Provide a potential average annual harvest of 7,000 summer steelhead in the Clackamas subbasin. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 116-2010, f. & cert. ef. 8-10-10 FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-0840 Spring Chinook Salmon Policy and objectives for wild and hatchery spring Chinook in the Clackamas River subbasin: (1)(a) Policy: Consistent with achieving the desired status for spring Chinook salmon identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600), the Clackamas subbasin shall be managed for production of wild and hatchery spring Chinook. (b) The lower subbasin below River Mill Dam shall be managed primarily for the production and harvest of hatchery spring Chinook. The subbasin above North Fork Dam shall be managed for natural production of the indigenous stock. (2) Objectives: (a) Achieve the desired status for spring Chinook salmon in the Clackamas subbasin identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600); (b) Achieve full mitigation for Willamette River spring Chinook populations reduced or extirpated due to dam construction and operations; (c) Monitor the status of the spring Chinook run in the Clackamas subbasin; (d) Maintain the gene resources of Clackamas spring Chinook; (e) Maintain hatchery fish genetic diversity, to assure that hatchery populations do not pose a risk to wild populations, meet the management objectives for which they are produced, and maintain their optimum biological and economic value. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 110-2011, f. & cert. ef. 8-9-11 DFW 16-1998, f. & cert. ef. 3-9-98 FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-0850 Fall Chinook Salmon (1) The following operating principle applies to the Clackamas subbasin: Consistent with achieving the desired status for fall Chinook salmon identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575), the Clackamas subbasin shall be managed for natural production of fall Chinook with an option for a conservation hatchery program if necessary. (2) In accordance with this operating principle, it is the objective of the Department to: (a) Achieve the desired status for fall Chinook salmon in the Clackamas subbasin identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575); (b) Determine the identity of the stock of fall Chinook salmon in the subbasin; (c) Maintain the average annual harvest in the subbasin of approximately 200 fall chinook salmon. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 116-2010, f. & cert. ef. 8-10-10 FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-0860 Coho Salmon (1) The following operating principles apply to the Clackamas subbasin: (a) Consistent with achieving the desired status for coho salmon identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575), the lower subbasin below River Mill Dam shall be managed primarily for the production and harvest of hatchery coho; (b) The upper subbasin above North Fork Dam shall be managed for natural production of wild coho salmon. (2) In accordance with these operating principles, it is the objective of the Department to: (a) Monitor the status of the coho salmon run in the Clackamas subbasin; (b) Maintain the genetic characteristics of the wild run; (c) Achieve the desired status for coho salmon in the Clackamas subbasin identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575); (d) Maintain a potential average annual harvest level of 1,000 and 1,500 hatchery coho salmon in the main stem of the Clackamas River below River Mill Dam and in Eagle Creek. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 116-2010, f. & cert. ef. 8-10-10 FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-0870 Warmwater and Miscellaneous Fish (1) The following operating principles apply to the Clackamas Subbasin: (a) Warmwater game fish and other introduced warmwater fish shall be managed to discourage increases in natural production above River Mill Dam; (b) Warmwater species shall not be stocked above River Mill Dam, in mainstem, tributaries, or ponds. Stocking of private ponds with outflow below River Mill Dam shall be permitted. (2) In accordance with these operating principles, it is the objective of the Department to: (a) Prevent the expansion of warmwater fisheries above River Mill Dam; (b) Protect populations and habitats of sensitive, threatened, or endangered nongame fishes in the Clackamas Subbasin. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 History: FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92