justicedao/ipfs_state_laws huggingface dataset:
635-007-0547 Fish Hatchery Record Keeping (1) Hatchery managers shall provide the following records for their operations: (a) All Adult Transaction (AAT) records for all adults handled at the facility. (b) Hatchery Mark Recovery Sampling forms to record adult fish sampled for coded-wire tags; (c) Egg and Fry Records (EFR) for all eggs and fry handled at each facility; (d) Monthly Ponded Fish Reports (MPR) for all fish being reared at each facility; (e) Fish Loss Report/Investigation when 1,000 or more juvenile fish or 10 or more adult fish are accidentally lost in a single incident; (f) Predator Mortality Report to document any fish predators that may die at the hatchery facility; (g) Fish Liberation Reports (FLR) for all juvenile fish released or transported into or out of all Department fish hatchery facilities; (h) Coded-Wire Tag Release Reports for all juvenile fish released with coded-wire tags; (i) Chemical use, waste discharge monitoring, purchasing, budgets, hazardous materials, safety, vehicles, equipment, maintenance and alarm logs. (2) Hatchery records will be stored in retrievable databases. (3) The Fish Division may add to or waive the requirements of subsection (1) as necessary to avoid paperwork yet assure proper documentation of hatchery programs. (4) Fish health documentation shall be maintained by the fish health section. (5) Each hatchery manager will write a monthly report describing program-specific hatchery activities, either in the form of a hatchery monthly progress report or in the district monthly report for STEP activities. (6) The Department will produce annual reports, from the data collected with the above records and reports, summarizing all the information regarding adult fish transactions, fish eggs transactions and fish releases. (7) The Department shall make hatchery operating costs information available on a fiscal year or biennium basis. 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 65-2003, f. & cert. ef. 7-17-03
635-007-0548 Training of Fish Hatchery Personnel (1) Fish Division, regional managers, or hatchery managers shall develop training programs for staff to assure awareness of and compliance with hatchery program management plans, to keep staff abreast of new scientific and technological developments and to encourage and support staff career development. (2) Each hatchery shall establish a training schedule for its staff and maintain training records. 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 65-2003, f. & cert. ef. 7-17-03
635-007-0595 Transgenic Fish Fish that have been modified through genetic engineering and are released into wild populations have the potential of causing adverse ecological and genetic impacts. The Department shall consider releases of transgenic fish to pose a serious risk to wild populations. The Department shall not authorize the release of transgenic fish into locations where such fish may gain access to wild fish populations. Statutory/Other Authority: ORS 496.138, 496.162 & 506.700 - 508.740 Statutes/Other Implemented: ORS 496.138, 496.162 & 506.700 - 508.740 History: FWC 37-1992, f. 5-29-92, cert. ef. 6-1-92
635-007-0600 Permit Required to Transport, Hold, or Release Fish (1) Except as provided in OAR 635-007-0620 and in sections (3) and (4) of this rule, any person shall have in possession a Fish Transport Permit in order to: (a) Transport live fish into, within or out of this state; or (b) Hold any live fish in the waters of this state. (2) Any person releasing or attempting to release any live fish into the waters of this state shall have in possession a Fish Transport Permit. A separate Fish Transport Permit shall be obtained for each release site but not for each delivery of fish made to a site during the authorized permit period, provided the total number of fish delivered does not exceed the number authorized to be transported under the permit. (3) Section (1) of this rule shall not apply to: (a) Aquaria species intended for aquaria use. Aquaria use means holding fish in closed systems where untreated effluent does not enter state waters; (b) Shellfish taken for personal use or fish taken in duly authorized commercial fisheries. A transport permit is required is required for persons importing live fish for sale to wholesalers, fish dealers, retail fish dealers, restaurants, or the ultimate consumer; (c) Activities authorized under a STEP Permit (OAR 635-009-0115); (d) Federally licensed projects which have been approved by the Department; (e) Fish transport activities specifically authorized under a Scientific Taking Permit issued by the Department. (4) A valid Department egg or fish shipment report, or copy thereof, may be used in lieu of a Fish Transport Permit to transport, hold or release live eggs or fish sold or provided by the Department. (5) The Department may refuse to issue a Fish Transport Permit on the following grounds: (a) The holding or release of the fish specified in the application will be the first introduction of that species into the waters of the holding or release site; (b) The Department finds the holding or release of the fish specified, either singly or in combination with the holding or release of fish under other permits, would tend to adversely affect existing fish populations in or below the holding or release site; or (c) The applicant has violated any term of any statute or regulation, or any license, permit or operational plan issued by the Department; (d) 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 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 497.252, 497.298, 498.222 & 508.111 History: DFW 121-2007, f. & cert. ef. 11-14-07 DFW 110-2001, f. & cert. ef. 11-23-01 DFW 38-1999, f. & cert. ef. 5-24-99 FWC 3-1991, f. & cert. ef. 1-18-91 FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0300 FWC 27-1982, f. & ef. 4-30-82
635-007-0605 Fish Transport Permit Application (1) Any person wishing to obtain a Fish Transport Permit shall complete and submit to the Department the appropriate permit application form. (2) A fee of $14.00 (no license agent fee) shall be charged for each Fish Transportation Permit issued by the Department . (a) An invoices will be issued to Private Fish Suppliers for fish transferred to or from their production facilities for permits that the Department has issued the previous year. (b) Invoice Payment must be received in full by March 1 for permits issued the previous year. (c) Failure to pay invoice in full by Marc h 1 shall result in suspension of approved permits. (3) The Department may prescribe such terms and conditions in a permit as it deems necessary, including but not limited to, the period of time (usually 30 days) during which the transportation and/or release of fish is authorized. (4) Fish may be held for an indefinite period of time under a Fish Transport Permit. The permit, or a copy thereof, shall be made available for inspection upon request by the Department or the Oregon State Police. Statutory/Other Authority: SB 247 (2015), ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 497.252 & 498.222 History: DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017 DFW 92-2017(Temp), f. & cert. ef. 7-20-17 thru 10-20-17 Reverted to DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16 DFW 13-2016(Temp), f. & cert. ef. 2-23-16 thru 8-20-16 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 3-1991, f. & cert. ef. 1-18-91 FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0305 FWC 27-1982, f. & ef. 4-30-82
635-007-0610 Shipping Requirements (1) Any person shipping live fish or eggs within or out of this state shall provide a Fish Transport Permit to the carrier or affix such permit to the shipping container. (2) Any person shipping live fish or eggs into or through this state shall provide to the carrier or have affixed to the shipping container a Fish Transport Permit or a record showing: (a) Name and address of person shipping fish or eggs into this state or of holder of Fish Transport Permit or Fish Propagation License; (b) Name and address of consignee; and (c) Number of each species of fish or eggs in the shipment. (3) Section (1) of this rule shall not apply to shellfish taken for personal use or fish taken in duly authorized commercial or sport fisheries, except when transported as live fish or eggs for release. Statutory/Other Authority: ORS 496, 497, 498, 506 & 508 Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508 History: FWC 3-1991, f. & cert. ef. 1-18-91 FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0310 FWC 27-1981, f. & ef. 4-30-82
635-007-0615 Unlawful Import and Release (1) Fish which are imported or released in violation of these rules or the laws of this state are subject to seizure or destruction by the Department at the expense of the person or company who imported or released those fish. (2) The Department may in its discretion prescribe alternative methods in lieu of destruction to control illegally imported fish. (3) The Department is not liable for the cost of destroying fish or for the cost of the fish destroyed. (4) The person or company who imported fish illegally shall be held liable for incidental kill of any other species due to or during destruction of illegally imported fish. Statutory/Other Authority: ORS 496, 497, 498, 506 & 508 Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508 History: FWC 3-1991, f. & cert. ef. 1-18-91 FWC 25-1984, f. 6-21-84, ef. 7-1-84
635-007-0620 Transport Release of Mosquito Fish (Gambusia sp.) (1) Each county or vector control district (ORS Chapter 452) conducting a vector control program which includes Gambusia sp. shall obtain a Fish Transport Permit from the Department prior to transporting, holding or releasing any gambusia into the waters of that county or district. (2) The county or district operating under a Fish Transport Permit may provide gambusia to citizens of the county or district for citizen transport and release within the county or district, provided the county or district maintains a record of all releases. The county or district providing gambusia shall issue a receipt to parties receiving this fish. The receipt shall include: (a) Name of party receiving gambusia; (b) Number of gambusia received; (c) Date received; (d) Location of waters where gambusia will be released; (e) The words “This receipt is valid for transport and release of mosquito fish (Gambusia sp.) only;” (f) Signature of person at the county or district who issues the fish. (3) A separate Fish Transport Permit shall be obtained from the Department for transport of gambusia to waters outside the county or district. (4) Records of gambusia distribution, both by county of district personnel and by citizens of the county or district, shall be maintained by the respective counties or districts and shall be available for inspection by the Oregon Department of Fish and Wildlife or the Oregon State Police. (5) No fee will be required for permits to transport, hold or release gambusia. Statutory/Other Authority: ORS 496, 497, 498, 506 & 508 Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508 History: FWC 3-1991, f. & cert. ef. 1-18-91 FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0315 FWC 27-1982, f. & ef. 4-30-82
635-007-0625 Revocation of Fish Transport Permit (1) The Commission may revoke a Fish Transport 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 statute or regulation. (2) Revocation of a Fish Transport Permit is in addition to and not in lieu of other penalties provided by law. Statutory/Other Authority: ORS 496, 497, 498, 506 & 508 Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508 History: FWC 3-1991, f. & cert. ef. 1-18-91 FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0320 FWC 27-1982, f. & ef. 4-30-82
635-007-0650 Fish Propagation License Required (1) Except as provided in section (3) of this rule, any person shall obtain a Fish Propagation License in order to propagate for sale and sell any live fish. (2) A separate Fish Propagation License shall be obtained for each rearing site and shall be renewed annually. (3) Section (1) of this rule shall not apply to: (a) The propagation and sale of nongame aquaria species in aquaria; (b) The operation of salmon hatcheries regulated under ORS 508.700 through 508.745 and OAR chapter 635, division 040 as further clarified at OAR 635-007-0680; or (c) Activities authorized under a STEP Permit (OAR 635-009-0115); (d) Activities authorized under a Cooperative Salmon Hatchery Agreement (OAR 635-009-0400 through 635-009-0455). (4) The department may attach to the fish propagation license any terms and conditions it deems necessary to achieve compliance with Oregon laws or rules. (5) The department may refuse to issue any fish propagation license if: (a) Applicant fails to meet any of the deadlines specified in OAR 635-007-0655; (b) The propagation of the fish specified in the application 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 in or below the site of the proposed propagation facility; (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 496.138 & 506.119 Statutes/Other Implemented: ORS 496.146, 497.252 & 506.124 History: DFW 121-2007, f. & cert. ef. 11-14-07 FWC 15-1997, f. & cert. ef. 3-10-97 FWC 3-1991, f. & cert. ef. 1-18-91 FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0400 FWC 27-1982, f. & ef. 4-30-82
635-007-0660 Duties of Fish Propagation Licensees (1) Each licensed fish propagator shall obtain a Fish Transport Permit for any fish transported to the licensed facility or from the licensed facility to another site prior to such transportation and shall provide a copy of such permit to the person transporting the fish for delivery to the person or entity who will hold the fish. (2) Each licensed fish propagator shall maintain at the propagation facility a record of all business transactions involving the sale, purchase, shipment or loss of fish or eggs and shall make such record available for inspection upon request by the Department or the Oregon State Police. (3) Each licensed fish 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 licensee does not intend to 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 eggs shall be reported as total numbers of each species sold during the year. (4) The Department may require licensed fish propagators to submit: (a) Monthly routine fish health examinations by a pathologist acceptable to the Department; (b) Monthly reports of fish 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 licensed propagator shall comply with all statutes and regulations of other agencies pertaining to the operation of the propagation facility. (6) Each licensed propagator shall comply with the terms and conditions of his license and operational plan. (7) Fish propagation facilities and records are subject to inspection at any time by the Department or the Oregon State Police. Statutory/Other Authority: ORS 496, 497, 498, 506 & 508 Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508 History: FWC 3-1991, f. & cert. ef. 1-18-91 FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0410 FWC 27-1982, f. & ef. 4-30-82
635-007-0665 Purchase of Fish from Fish Propagation Licensee (1) No angling license is required to angle at the facilities of a licensed fish propagator. (2) It is unlawful to possess fish received from a fish propagation licensee without having a written receipt, or for the propagator to sell fish so taken without providing a written receipt, which includes: (a) Name of fish propagation licensee; (b) Location from which fish were taken; (c) Date shipped/received; (d) Name of purchaser; (e) Number of each species of fish received. Statutory/Other Authority: ORS 496, 497, 498, 506 & 508 Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508 History: FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0415 FWC 27-1982, f. & ef. 4-30-82
635-007-0670 Revocation of Fish Propagation License (1) The Commission may revoke a Fish Propagation License 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 licensee has violated any terms of any license, permit or operational plan issued by the Department; or (c) The licensee 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 licensee 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 Fish Propagation License shall be in addition to and not in lieu of other penalties provided by law. Statutory/Other Authority: ORS 496, 497, 498, 506 & 508 Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508 History: FWC 3-1991, f. & cert. ef. 1-18-91 FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0420 FWC 27-1982, f. & ef. 4-30-82
635-007-0680 Relation Between Fish Propagation License and Private Salmon Hatchery Permit (1) Fish propagation licenses are required for: (a) Each holding, incubation or rearing site located separately from a private salmon hatchery, regardless of whether such fish are destined for release at a private salmon hatchery; (b) Each holding, incubation or rearing pond located at a private salmon hatchery if the fish in those ponds are not authorized to be released under the terms of a private salmon hatchery permit. (2) Fish propagation licenses are not required for: (a) Any fish held, incubated or reared at a private salmon hatchery, which are authorized to be released under the terms of a private salmon hatchery permit; (b) Approved STEP projects and other Department programs. Statutory/Other Authority: ORS 496, 497, 498, 506 & 508 Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508 History: FWC 34-1991, f. & cert. ef. 1-18-91 FWC 25-1984, f. 6-21-84, ef. 7-1-84
635-007-0700 Purpose, Policy and Definition (1) These rules establish a special permit system for the orderly development and conduct of an experimental program for the rearing of Columbia River white sturgeon in fish propagation facilities and to provide for the collection of oversize female sturgeon for egg taking. The total amount of oversize female sturgeon that may be collected by all persons issued permits under these rules shall not exceed 18 per calendar year as further provided in OAR 635-007-0710(2)(a). (2) For purposes of OAR 635-007-0700 through 635-007-0720 “oversize sturgeon” means: Columbia River female white sturgeon over six feet in length. Statutory/Other Authority: ORS 506 & 508 Statutes/Other Implemented: ORS 506 & 508 History: FWC 33-1988, f. & cert. ef. 5-24-88
635-007-0705 Obtaining Sturgeon and Eggs for Propagation Any person desiring to propagate sturgeon must develop sturgeon broodstock from which to take eggs to continue the sturgeon propagation operation. Oversize sturgeon shall not be collected on a continuing basis to support either experimental or production rearing. Sturgeon eggs or sperm taken from wild fish to provide seed for propagation and development of broodstock for a fish propagation facility may be obtained only by a person who held a permit to collect wild broodstock in the year 2006, and only through the year 2010, and may be obtained in the manner described in sections (1) to (3) of this rule. (1) Legal Size Sturgeon may be taken pursuant to: (a) Commercial fishing activities under a valid commercial fishing license; (b) Commercial fishing activities by other fishermen under a valid commercial fishing license. Sturgeon may be purchased from such fishermen, as authorized by rules for the purchase of fish from commercial fishermen. A wholesale fish dealer's license is required; (c) Sport fishing activities under a valid sport fishing license. Sturgeon caught under a sport fishing license shall not be transported via land except as authorized in a fish transport permit. Sport fishermen shall not be compensated for any fish or eggs provided to a fish propagation facility operator. (2) Oversize Sturgeon: A person may only collect oversize female sturgeon under a special permit issued by the Department as further provided in OAR 635-007-0710. The permit will only authorize collection of fish from Oregon waters of the main stem Columbia below Bonneville Dam, unless the permittee also has a valid State of Washington permit for collecting oversize female sturgeon in Washington state waters. Any such fish collected under Washington state permits shall reduce the total number allowed to be collected in Oregon: (a) In addition to open commercial fishing seasons in which legal gear may be used, a permittee may collect oversize female sturgeon by gill net having a mesh size greater than nine inches, stretch measure, during the period April 1 through June 30. Nets shall be tended at all times. A commercial fishing license shall also be required; (b) A permittee may personally collect oversize female sturgeon with sport gear. A sport fishing license shall also be required. (3) Licensed Propagation Facility: Eggs, brood stock or juveniles may be obtained from a licensed propagation facility. Statutory/Other Authority: ORS 506.119 Statutes/Other Implemented: ORS 497.325 & 497.330 History: DFW 121-2007, f. & cert. ef. 11-14-07 FWC 33-1988, f. & cert. ef. 5-24-88
635-007-0720 Possession of Sturgeon for Spawning and Propagation (1) General Authorization. The Department will allow: (a) Holding of male and oversize female sturgeon collected from the wild, until spawned for collection and incubation of eggs (pursuant to the special permit); (b) Holding of adults raised at the fish propagation facility, or fish obtained through legal sport fishing or commercial activities; and (c) Subsequent propagation and sale of white sturgeon under a sturgeon propagation permit. (2) Special Requirements: The Department shall be immediately notified of the death of any adult sturgeon held at the licensed fish propagation facility or killed during any collection operation authorized by a special permit to collect male and oversize female sturgeon. Statutory/Other Authority: ORS 506.119 Statutes/Other Implemented: ORS 497.325 & 497.330 History: DFW 121-2007, f. & cert. ef. 11-14-07 FWC 33-1988, f. & cert. ef. 5-24-88