justicedao/ipfs_state_laws huggingface dataset:
635-500-0290 Habitat (1) The following policies apply to the Malheur Basin: (a) Potential losses of fish production from habitat degradation shall be prevented or reduced to the extent possible; (b) The Department shall coordinate with appropriate land and water management agencies on habitat protection and rehabilitation activities and shall continue to act in an advisory role to such agencies to promote habitat protection. (2) In accordance with these operating principles, it is the objective of the Department to: (a) Develop better communication and coordination with land managers regarding land management activities affecting fish habitat; (b) Reduce nonpoint source pollution in the Malheur River system; (c) Prevent fish losses at unscreened diversions; (d) Improve reservoir habitat for game fish in the Malheur Basin. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 81-1990, f. 8-7-90, cert. ef. 8-9-90
635-500-0295 Access (1) The following operating principles apply to access in the Malheur River Basin: (a) The Department shall seek to provide access for boat and bank angling to satisfy public need for a variety of angling opportunities and a dispersion of angling effort throughout the basin; (b) Acquisition and development of angler access sites shall be consistent with statewide policies, operating principles and objectives for management of fish species and habitat contained in Department rules. (2) In accordance with the above operating principles, it is the objective of the Department to: (a) Improve public access at Malheur Reservoir; (b) Improve boat access at Beulah and Warm Springs Reservoirs; (c) Increase public access to additional private waters; (d) Secure public access to South Fork Reservoir; (e) Improve road access to Warm Springs Reservoir. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 81-1990, f. 8-7-90, cert. ef. 8-9-90
635-500-0300 Crayfish (1) The following policy applies to crayfish management in the Malheur River Basin: Crayfish in the Malheur River Basin shall be managed for the recreational fishery. (2) In accordance with the above policy, it is the objective of the department to: Maintain production of crayfish in the Malheur River Basin for recreational harvest. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 81-1990, f. 8-7-90, cert. ef. 8-9-90
635-500-0305 Malheur River Headwaters and Tributaries (1) The following operating principles apply to the Malheur River headwaters and tributaries: (a) The North Fork Malheur River above Beulah Reservoir, Middle Fork Malheur River above RM 168, and headwater streams and tributaries of the Middle Fork, North Fork, South Fork, and mainstem Malheur River shall be managed for natural production of indigenous populations of wild trout, mountain whitefish, and nongame species with the exception of those areas identified in subsection (b) of this section; (b) The following areas shall be managed for natural production of indigenous populations and harvest of introduced hatchery rainbow trout: (A) Dollar Basin Campground at RM 184 on the Middle Fork Malheur River; (B) North Fork Campground at RM 47.5 on the North Fork Malheur River; (C) Little Malheur River at RM 18 near Forest Service Road 16. (c) Stocking of hatchery fish shall not exceed a maximum of 3,000 fish per year for all three areas described in subsection (b) of this section; (d) Trout management in streams identified in subsections (a) and (b) of this section shall be guided by the statewide Trout Plan under the basic yield alternative except for bull trout which shall be managed as a featured species; (e) The stocking program shall be curtailed if there is evidence it adversely affects redband or bull trout. (2) In accordance with these operating principles, it is the objective of the Department to: (a) Maintain population health (i.e, high abundance, multiple age classes, and genetic fitness) of bull trout and redband trout; (b) Provide a consumptive fishery on hatchery trout at high use areas identified in subsection (1)(b) of this rule. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 81-1990, f. 8-7-90, cert. ef. 8-9-90
635-500-0310 Middle Fork Malheur River Above Warm Springs Reservoir and Main Stem South Fork Malheur River (1) The following policies apply to the mainstem Middle Fork Malheur River above Warm Springs Reservoir and the mainstem South Fork Malheur River: (a) The Middle Fork Malheur River above Warm Springs Reservoir and the mainstem South Fork Malheur River shall be managed for trout and smallmouth bass; (b) Trout in the Middle Fork Malheur River shall be managed for natural production of wild fish consistent with the Wild Fish Management Policy; (c) Trout in the mainstem South Fork Malheur River shall be managed for natural production of wild and hatchery produced fish consistent with the Wild Fish Management Policy. Stocking of hatchery fish shall not exceed 5,000 fish per year; (d) Smallmouth bass shall be managed for natural production consistent with the Natural Production Policy; (e) Trout and smallmouth bass management on the stream sections identified in subsections (a) through (d) of this section shall be guided by the statewide Trout Plan and Warmwater Fish Plan, respectively, under the basic yield alternative. (2) In accordance with these operating principles, it is the objective of the Department to: (a) Improve production of trout and smallmouth bass in the mainstem Middle Fork Malheur River above Warm Springs Reservoir to RM 168 and in the mainstem South Fork Malheur River; (b) Provide a consumptive trout fishery on the mainstem South Fork Malheur River. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 81-1990, f. 8-7-90, cert. ef. 8-9-90
635-500-0315 Malheur River and North Fork Main Stem Reservoirs to Namorf Dam (1) The following operating principles apply to the Malheur River and North Fork Main Stem Reservoirs to Namorf Dam: (a) The mainstem Malheur River between Warm Springs Reservoir and Namorf Dam shall be managed for natural production of smallmouth bass consistent with the Natural Production Policy and a maximum of 120,000 hatchery trout stocked per year; (b) The North Fork Malheur River downstream from Beulah Reservoir and Willow Creek between Malheur Reservoir and RM 30 shall be managed for hatchery trout; (c) Management of trout and smallmouth bass on the mainstem Malheur River between Warm Springs Reservoir and Namorf Dam and hatchery trout on the North Fork Malheur River downstream from Beulah Reservoir and Willow Creek between Malheur River and RM 30 shall be guided by the statewide Trout Plan and the Warmwater Fish Plan, respectively, under the basic yield alternative. (2) In accordance with these operating principles, it is the objective of the Department to: (a) Provide a consumptive trout fishery in the mainstem Malheur River between Warm Springs Reservoir and Namorf Dam, in the North Fork Malheur River below Beulah Reservoir, and in Willow Creek between Malheur Reservoir and RM 30; (b) Establish a smallmouth bass fishery in the mainstem Malheur River below Gold Creek. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 81-1990, f. 8-7-90, cert. ef. 8-9-90
635-500-0320 Lower Malheur River (1) The following operating principles apply to the Lower Malheur River: (a) The mainstem Malheur River from Namorf Dam (RM 69) to the mouth; Bully Creek from Bully Creek Dam to its mouth (RM 21), and Willow Creek from Brogan to its mouth (RM 20) shall be managed for natural production of warmwater species consistent with the Natural Production Policy; (b) The management of warmwater fish in the portions of the lower Malheur Basin identified in subsection (a) of this section shall be guided by the statewide Warmwater Fish Plan under the basic yield alternative. (2) In accordance with these operating principles, it is the objective of the Department to: Improve the warmwater fishery in the lower Malheur River. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 81-1990, f. 8-7-90, cert. ef. 8-9-90
635-500-0325 Reservoirs (1) The following operating principles apply to reservoirs in the Malheur Basin: (a) Bully Creek and Warm Springs Reservoirs shall be managed for natural production of the current combination of warmwater species consistent with the Natural Production Policy. Channel catfish stocking shall be maintained to the extent this species does not adversely affect other warmwater game fish populations; (b) Beulah and Malheur Reservoirs shall be managed for trout by annually stocking with domestic hatchery trout or other appropriate trout species; (c) Reservoirs less than 150 surface acres shall be managed for trout or for warmwater species. Trout shall be managed by annually stocking with domestic hatchery trout or other appropriate trout species. Warmwater species shall be managed for natural production consistent with the Natural Production Policy; (d) The species mix currently present in reservoirs less than 150 surface acres may be altered to better use the reservoir production potential or to meet changing public demand; (e) Participation by the Department in fishery development in private waters is contingent on the availability of public benefits; (f) Fish management in reservoirs in the Malheur River Basin shall be guided by the statewide Trout Plan and the Warmwater Fish Plan under the basic yield alternative and shall be consistent with the Wild Fish management Policy. (2) In accordance with these operating principles, it is the objective of the Department to: (a) Improve warmwater game fish production in Bully Creek and Warm Springs Reservoirs; emphasize largemouth bass, white crappie and yellow perch in Bully Creek Reservoir; emphasize largemouth bass, yellow perch and brown bullhead in Warm Springs Reservoir, and give secondary consideration to channel catfish in both reservoirs; (b) Improve trout production at Beulah and Malheur Reservoirs; (c) Improve game fish production in small reservoirs in the Malheur River Basin that have public access; (d) Use South Fork Reservoir as a source of largemouth bass brood stock. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 81-1990, f. 8-7-90, cert. ef. 8-9-90
635-500-0385 Coos River Basin Fish Management — Organization of Rules Administrative rules for the Coos River basin contained in OAR 635-500-0385 through 635-500-0480 apply to all waters of the Coos 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 110-1990, f. & cert. ef. 10-1-90
635-500-0410 Coho Salmon (1) The following operating principles apply to coho salmon in the Coos River basin: (a) The Coos 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); (b) The coho salmon stock approved for the Coos River system are Coos River stock only; (c) Naturally produced stock shall be incorporated in hatchery broodstock and rearing programs every year. (2) In accordance with these operating principles, it is the objective of the Department to: (a) Recover the naturally produced coho population in the Coos 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 the Coos River Basin naturally produced coho salmon sufficiently to allow an in-basin fishery on naturally produced coho salmon 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 110-1990, f. & cert. ef. 10-1-90
635-500-0430 Brook Trout (1) The following operating principle applies to brook trout in the Coos River Basin: Brook trout shall be managed consistent with the Natural Production Policy. (2) In accordance with this operating principle, it is the objective of the Department to maintain the production potential, genetic integrity, and size diversity of the brook trout population in Matson Creek while maintaining a recreational fishery on the population. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 110-1990, f. & cert. ef. 10-1-90
635-500-0435 Striped Bass (1) The following operating principles apply to striped bass in the Coos River Basin: (a) Striped bass shall be managed for production and harvest of naturally produced and hatchery fish consistent with the Natural Production Policy; (b) A conservative, carefully monitored striped bass enhancement program shall be pursued to increase the diversity of angling opportunities in the Coos River system. (2) In accordance with these operating principles, it is the objective of the Department to achieve an adult population of 20,000 to 25,000 striped bass. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 110-1990, f. & cert. ef. 10-1-90
635-500-0440 White and Green Sturgeon (1) The following operating principles apply to white and green sturgeon in the Coos River Basin: (a) Sturgeon shall be managed for wild fish with a small hatchery supplementation program consistent with the Wild Fish Management Policy. Implementation of the hatchery program shall be delayed until adoption of the Statewide Surgeon Plan; (b) Programs that approach the limits of the Wild Fish Management Policy shall be modified or reduced proportionately to maintain compliance with the policy. (2) In accordance with these operating principles, it is the objective of the Department to: (a) Gather baseline data needed to make management decisions; (b) Enhance the white sturgeon population in the Coos River Basin with juvenile white sturgeon from Columbia River stock until sport catch rates average 500 fish per year. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 110-1990, f. & cert. ef. 10-1-90
635-500-0445 American Shad (1) The following operating principle applies to American shad in the Coos River Basin: American shad shall be managed for wild fish consistent with the Wild Fish Management Policy. Hatchery fish shall not be released in the Coos River system. (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 of the species. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 110-1990, f. & cert. ef. 10-1-90
635-500-0450 Miscellaneous Freshwater, Marine and Anadromous Fish The following objectives apply to freshwater, marine and anadromous fish species in the Coos River Basin, as specified in this rule. (1) For native freshwater and anadromous fish species not otherwise provided for in these rules: (a) Maintain populations at an abundance consistent with their habitat requirements; (b) Determine the population status of the Millicoma dace. (2) For principal marine recreational fish species not otherwise provided for in these rules: Maintain abundance to continue providing recreational fisheries in the estuary at present levels. (3) For other fish species with current or potential fishery importance: Determine the relative abundance of flatfishes, smelts, and other miscellaneous species and their availability to in-bay recreational fisheries. (4) For occasional marine visitors and miscellaneous estuarine fish species: 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 110-1990, f. & cert. ef. 10-1-90
635-500-0455 Dungeness Crab It is the objective of the Department to promote an equitable harvest of Dungeness crab among resource users. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 110-1190, f. & cert. ef. 10-1-90
635-500-0460 Clams (1) The following operating principle applies to clams in the Coos River Basin: No further introduction of the Manila littleneck clam shall occur in the South Slough Subbasin. (2) In accordance with this operating principle, it is the objective of Department to: (a) Maintain the abundance, diversity, and required habitat of each clam species; (b) Where acceptable, enhance populations of Manila littleneck clams and native clam species; (c) Open more subtidal areas of the bay to commercial harvest. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 110-1990, f. & cert. ef. 10-1-90
635-500-0465 Ghost and Mud Shrimp It is the objective of the Department to maintain self-sustaining populations of ghost and mud shrimp in sufficient abundance to support bait fisheries. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 110-1990, f. & cert. ef. 10-1-90
635-500-0470 Other Shellfish Species It is the objective of the Department to maintain the abundance of crawfish, red rock crab, clams, mussels, and piddocks. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 110-1990, f. & cert. ef. 10-1-90
635-500-0475 Angler Access It is the objective of the Department to: (1) Develop additional access sites around Coos Bay and in the upper basin. (2) Maintain and improve existing access sites in the Coos River Basin. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 110-1990, f. & cert. ef. 10-1-90
635-500-0480 Angling Law Enforcement It is the objective of the Department to reduce the illegal harvest of fish and shellfish resources through coordinated efforts with the Oregon State Police. Statutory/Other Authority: ORS 496, 506 & 508 Statutes/Other Implemented: ORS 496, 506 & 508 History: FWC 110-1990, f. & cert. ef. 10-1-90
635-500-0500 Tenmile Lakes Basin Fish Management — Organization of Rules Administrative rules for the Tenmile Lakes basin contained in OAR 635-500-0500 through 635-500-0565 apply to all waters of the Tenmile Lakes 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 14-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0510 Coho Salmon (1) The following operating principles apply to coho salmon in the Tenmile Lakes basin: (a) The Tenmile Lakes 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); (b) Coho salmon stock approved for Tenmile Lakes system are Tenmile stock only; (c) Naturally produced stock shall be incorporated in all hatchery programs in every generation. (2) In accordance with these operating principles, it is the objective of the Department to: (a) Recover the naturally produced coho population in the Tenmile Lakes 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 the Tenmile Lakes Basin naturally produced coho salmon sufficiently to allow an in-basin fishery on naturally produced coho salmon 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 14-1991, f. 2-28-91, cert. ef. 3-1-91
635-500-0525 Rainbow Trout (1) The following operating principle applies to rainbow trout in the Tenmile Lakes Basin: Rainbow trout shall be managed under the basic yield alternative of the Statewide Trout Plan (OAR 635-500-0100 through 635-500-0120) as a hatchery population consistent with concerns for native salmonids under the Wild Fish Management Policy. (2) In accordance with this operating principle, it is the objective of the Department to: (a) Provide a spring angling opportunity for rainbow trout and achieve approximately 5,000 total angler days for Tenmile and North Tenmile Lakes combined and 1,500 angler days each for Saunders and Eel lakes; (b) Phase out releases of rainbow trout in the Tenmile Lakes Basin if a cutthroat trout enhancement program is developed. 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
635-500-0530 Bluegill (1) The following operating principle applies to bluegill in the Tenmile Lakes Basin: Bluegill shall be managed under the basic yield alternative of the Warmwater Game Fish Plan (OAR 635-500-0045 through 635-500-0060). (2) In accordance with this operating principle, it is the objective of the Department to maintain a stable size distribution of bluegill with at least 25 percent of the angler catch being six inches and over by increasing fishery use and predator utilization of the species. 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
635-500-0535 Brown Bullhead (1) The following operating principle applies to brown bullhead in the Tenmile Lakes Basin: Brown Bullhead shall be managed under the basic yield alternative of the Warmwater Game Fish Plan. (2) In accordance with this operating principle, it is the objective of the Department to maintain a stable size distribution of brown bullhead with 50 percent of the angler catch ten inches or greater by increasing fishery use of the species. 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
635-500-0540 Largemouth Bass (1) The following operating principle applies to largemouth bass in the Tenmile Lakes Basin: Largemouth bass shall be managed under the high yield alternative of the Warmwater Game Fish Plan. (2) In accordance with this operating principle, it is the objective of the Department to provide a high yield, consumptive fishery for small to midsize largemouth bass (8 to 12 inches) and maintain an hourly catch rate of 0.5 largemouth bass per hour with 15 percent of the fish caught exceeding 12 inches. 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
635-500-0545 Striped Bass x White Bass Hybrid (1) The following operating principle applies to striped bass x white bass hybrid in the Tenmile Lakes Basin: Straying of hybrid bass from the Tenmile Lakes Basin to other rivers shall not be allowed in violation of the Fish Management Policy. (2) In accordance with this operating principle, it is the objective of the Department to eliminate the striped bass x white bass hybrid population in the Tenmile Lakes Basin by discontinuing releases and removing bag limits and minimum size regulations. 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