635-007-0501 Definitions As used in this Division and Division 40: (1) "Anadromous" means fish which migrate from saltwater to freshwater for spawning. (2) "Aquaria species" means those fish legally acquired and sold in the pet store trade for use in home aquaria, except game fish, sturgeon, state or federally protected threatened and endangered species and those species listed as Prohibited or Controlled. "Aquaria" are any tanks, pools, ponds, bowls or other containers intended for and capable of holding or maintaining live fish and from which there is no outfall to any waters of this state. (3) "Aquatic habitat" means the waters which support fish or other organisms which live in water and which includes the adjacent land area and vegetation (riparian habitat) that provides shade, food, and/or protection for those organisms. (4) "Area" means a stream, a lake, a group of streams or lakes, or a portion of the ocean managed for or with a common stock of fish, or for protection of a stock or stocks of fish. (5) "Biological requirements" refers to those environmental conditions such as water quality, water quantity, and available food that are necessary for fish to grow and/or reproduce. (6) "Brood stock" means a group of fish, generally from the same population, that are held and eventually artificially spawned to provide a source of fertilized eggs for hatchery programs. (7) "Brood year" means the year in which more than fifty percent of the adults in a population of fish spawn. (8) "Commission" means the Oregon Fish and Wildlife Commission. (9) "Compensation" means activities that replace fish, or their habitat lost through development or other activities. (10) "Conservation" means managing for sustainability of native fish so that present and future generations may enjoy their ecological, economic, recreational, and aesthetic benefits. (11) "Cooperative Salmon Hatchery Project" means a fish propagation enhancement project authorized under OAR 635-009-0400 through 635-009-0455. (12) "Department" means the Oregon Department of Fish and Wildlife. (13) "Depressed" means below established goal such as a fish production or escapement goal shown in a management plan or below the level of production or escapement that the Commission determines to be an optimal level. (14) "Disease" means problems caused by infectious agents, such as parasites or pests, and by other conditions that impair the performance of the body or one of its parts. (15) "Disease agent" means an organism that is detrimental to fish. (16) "Endemic disease" means a disease commonly detected in a population of naturally produced native fish. (17) "Enhancement" means management activities including rehabilitation and supplementation that increase fish production beyond the existing levels. (18) "Export" means to transport any fish or eggs out of state. (19) "Facility Manager" means hatchery manager, owner or person responsible for compliance with these rules. (20) "Fish" means all game fish as defined by ORS 496.009 and food fish as defined by ORS 506.036, which live or could live in the waters of this state. (21) "Fish Hatchery" means a facility at which adult broodstock are held, or where eggs are collected and incubated, or where eggs are hatched, or where fish are reared. (22) "Fry" means fish which have recently hatched and have not fed. (23) "Foreign" means fish which originate through human intervention from a different population. (24) "Genetic engineering" means the introduction of genetic material into an organism's genotype through molecular genetics techniques. (25) "Genetic Resources" means the kind and frequency of genes found within a population or collection of populations. (26) "Genotype" means the kinds of and the combination of genes possessed by an individual. (27) "Goal" means a statement of intent which leads to policy, rules, and operation plans for implementation of a Department Program. (28) "Hatchery produced fish" means a fish incubated or reared under artificial conditions for at least a portion of its life. (29) "Hatchery production system" means the fish, facilities and operations associated with collecting, spawning, incubating, rearing, distributing and releasing hatchery produced fish. (30) "Hatchery Program" means a program in which a specified hatchery population is planted in a specified geographical location. (31) "Hold fish" means to capture and/or remove live fish in or from the waters of this state and/or maintain live fish in captivity but does not include fish held live for less than one day for examination and release without transfer from the waters where caught or collected. (32) "Import" means to transport fish or eggs into the state. (33) "Indigenous" means descended from a population that is believed to have been present in the same geographical area prior to the year 1800 or that resulted from a natural colonization from another indigenous population. (34) "Marine species" means those fish found in the ocean or the saline or brackish water of estuaries or bays along the coast, but not generally found in freshwater streams. (35) "Mitigation" means to lessen the impact of activities or events that cause fish or habitat loss. (36) "Native fish" means indigenous to Oregon, not introduced. This includes both naturally produced and hatchery produced fish. (37) "Naturally produced" means fish that reproduce and complete their full life cycle in natural habitats. (38) "Naturally Spawned" means fish produced in the natural environment as the result of natural reproduction. (39) "Natural production system" means the fish and environment associated with completing the life-cycles of naturally produced fish populations. (40) "Nongame Fish" means any fish other than those specifically defined as game fish in ORS 496.009. (41) "Operation plan" means an action plan developed by the Department that generally addresses how the objectives in a management plan for harvest or production of a species shall be attained. (42) "Optimum" means the desired fish production level as stated in management plans or set by specific Commission action. (43) "Phenotype" means any characteristic of an organism that is determined by the organism's genes, genotype and the environment. (44) "Policy" means mandatory direction or constraints that provide the framework for Department programs. (45) "Population" means a group of fish originating and reproducing in a particular area at a particular time which do not interbreed to any substantial degree with any other group reproducing in a different area or in the same area at a different time. (46) "Presmolt" means a juvenile anadromous fish which has fed and reared but is not yet a smolt. (47) "Production" means the number or pounds of fish raised in a hatchery or resulting from natural spawning and rearing in freshwater, estuarine, or ocean habitats; also used in reference to harvest. (48) "Propagation of fish" means the spawning, incubating, and/or rearing of fish by a human for sale, release or other uses. (49) "Random mortality" means fish mortality that generally does not affect the genotypic or phenotypic traits of fish populations. (50) "Rehabilitation" means short-term management actions which may include fish stocking, habitat improvement, harvest management, or other work, that restore fish populations depressed by natural or man-made events. (51) "Release" means liberating fish or allowing fish to move into waters of the state. (52) "Risk" means the extent to which, a management practice may reduce population productivity or cause an undesirable change in genetic characteristics of a population. (53) "Sensitive" means those fishes that have been designated for special consideration pursuant to OAR 635-100-0040. (54) "Selective mortality" means fish mortality that generally affects the genotypic and phenotypic traits of fish populations. (55) "Serious depletion" means a significant likelihood that the species management unit will become threatened or endangered under either the state or federal Endangered Species Act. (56) "Significant or substantial" means a condition of sufficient magnitude such that it is likely to influence continued natural production at optimum levels. (57) "Smolt" means a juvenile salmon or trout that is capable of initiating a seaward migration and is capable of living in the sea. (58) "Species" means any group or population that interbreeds and is substantially reproductively isolated. (59) "Species hybridization" means the crossing of two different taxonomic species. (60) "Species management unit" means a collection of populations from a common geographic region that share similar genetic and ecological characteristics. (61) "STEP" means Salmon Trout Enhancement Program. (62) "Stock" means an aggregation for management purposes of fish populations which typically share common characteristics such as life histories, migration patterns, or habitats. (63) "Stray" means a hatchery fish that spawns naturally in a location different from the location intended when the fish was stocked. (64) "Supplementation" means continued planting of fish to maintain or increase fish abundance in areas where natural production is insufficient to meet management objectives. (65) "Sustainable" means persistence over time, that is to say the ability of a population or a species management unit to maintain temporal, spatial, genetic, and ecological coherence while withstanding demographic, environmental, and genetic variation and catastrophic events from natural and human induced causes. (66) "Taxonomic species" means a group of fish that have been assigned a scientific name in the form of genus and species by the American Fisheries Society Committee on Common and Scientific Names of Fishes. (67) "Transfer" means moving fish from one facility to another or to waters of the state. (68) "Transgenic fish" means fish that have genes or groups of genes that have been transferred from another organism through the process of genetic engineering. (69) "Wild fish" means any naturally spawned fish in the taxonomic classes, Agnatha, Chondrichthyes, and Osteichthyes, belonging to an indigenous population. 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 DFW 96-2003, f. & cert. ef. 9-19-03 DFW 65-2003, f. & cert. ef. 7-17-03 DFW 131-2002, f. & cert. ef. 11-22-02 FWC 15-1997, f. & cert. ef. 3-10-97 FWC 37-1992, f. 5-29-92, cert. ef. 6-1-92 FWC 2-1992, f. 1-28-92, cert. ef. 2-1-92 FWC 6-1990, f. & cert. ef. 1-29-90 FWC 25-1984, f. 6-21-84, ef. 7-1-84