justicedao/ipfs_state_laws huggingface dataset:
635-006-1200 Commercial Fishery Permit Boards See ORS 508.755. In addition: (1) The members of the Boards established by ORS 508.755 shall: (a) Be members in good standing within their community; (b) Serve staggered three-year terms. The term of a Board member shall end three years from the date the Commission confirms an individual as a Board member. An individual shall not serve more than two consecutive terms as a Board member; (c) Serve at the pleasure of the Commission and may be removed if in the judgment of the Commission, the Board member is no longer qualified to serve including, but not limited to, a conviction for violation of fish and wildlife laws, or inappropriate conduct during the course of Permit Board proceedings. (2) Members representing the commercial fisheries described in ORS 508.755 shall maintain a valid permit or license for the fishery they represent. If such permit or license becomes invalid for any reason, the term of the individual on the Permit Board terminates on the date the permit or license expires. (3) When issues are pending before the Commercial Fisheries Permit Boards, the Boards shall meet not less frequently than once every calendar quarter to make disposition of such issues. (4) The Department shall provide an Administrative Hearings Officer to assist the Commercial Fisheries Permit Board in developing the record and preparing the Boards’ Opinion and Order. The Administrative Hearings Officer shall exhibit through references and experience a thorough understanding of the Administrative Procedures Act. Statutory/Other Authority: ORS 506.036, ORS 506.109, ORS 506.119 & ORS 506.129 Statutes/Other Implemented: ORS 506.129 & ORS 508.755 History: DFW 18-2022, minor correction filed 02/25/2022, effective 02/25/2022 DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96
635-006-1210 Agency Representation by Employee (1) An officer or employee of the agency, designated by the Director, with the written consent of the Attorney General pursuant to ORS 183.452 is authorized to represent the department in contested case hearings. (2) An agency representative acting under the provisions of this section shall not give legal advice to an agency, and may not present legal argument in contested case hearings, except to the extent authorized in subsection (3) of this section. (3) The officer presiding at a contested case hearing in which an agency representative appears under the provision of this section may allow the agency representative to present evidence, examine and cross-examine witnesses, and make arguments relating to the: (a) Application of statutes and rules to the facts in the contested case; (b) Actions taken by the agency in the past in similar situations; (c) Literal meaning of the statutes or rules at issue in the contested case; (d) Admissibility of evidence; and (e) Proper procedures to be used in the contested case hearing. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 183.452 History: DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 2-2002, f. & cert. ef. 1-3-02 FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96
635-007-0502 Purpose of the Native Fish Conservation Policy (1) The purpose of this policy is to ensure the conservation and recovery of native fish in Oregon. The policy focuses on naturally produced native fish. This focus is because naturally produced native fish are the primary basis for Endangered Species Act (ESA) delisting decisions and the foundation for long-term sustainability of native species and hatchery programs. Conservation of hatchery produced native fish is also important to maintain opportunities for fisheries and aid conservation of naturally produced fish. The Hatchery Management Policy describes conservation of hatchery produced native fish. (2) The intent of the Native Fish Conservation Policy is to provide a basis for managing hatcheries, fisheries, habitat, predators, competitors, and pathogens in balance with sustainable production of naturally produced native fish. The policy has three areas of emphasis. The first is defensive to ensure the avoidance of serious depletion of native fish. The second is more proactive to restore and maintain native fish at levels providing ecological and societal benefits. The third ensures that, consistent with native fish conservation, opportunities for fisheries and other societal resource uses are not unnecessarily constrained. This approach will allow Oregon to play a vital role in the recovery of ESA listed species and the prevention of future listings. (3) The policy embraces the case-by-case application of a wide range of conservation and utilization strategies tailored to individual watersheds and situations. Policy implementation will likely illustrate a variety of management approaches across the landscape, such as areas focused on hatchery programs complemented with areas where hatchery influences are avoided. (4) The policy shall be implemented through conservation plans. Plans shall be developed in collaboration with management partners and the public, and will identify the desired and existing status of native fish, key limiting factors, management options to address these factors, and monitoring required to evaluate success. The Oregon Plan for Salmon and Watersheds, as well as other local and regional forums, shall provide the context for development, implementation and coordination of these plans. Existing rules shall guide management until conservation plans are completed. 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 131-2002, f. & cert. ef. 11-22-02
635-007-0503 Native Fish Conservation Policy Goals (1) Prevent the serious depletion of any native fish species by protecting natural ecological communities, conserving genetic resources, managing consumptive and nonconsumptive fisheries, and using hatcheries responsibly so that naturally produced native fish are sustainable. (2) Maintain and restore naturally produced native fish species, taking full advantage of the productive capacity of natural habitats, in order to provide substantial ecological, economic, and cultural benefits to the citizens of Oregon. (3) Foster and sustain opportunities for sport, commercial, and tribal fishers consistent with the conservation of naturally produced native fish and responsible use of hatcheries. 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 131-2002, f. & cert. ef. 11-22-02
635-007-0504 Key Elements of Native Fish Conservation Policy (1) Naturally produced fish are foundational to the long-term sustainability of native fish species, hatchery programs, and fisheries in Oregon. Therefore, conservation of naturally produced native fish species in the geographic areas to which they are indigenous is the Department’s principal obligation for fish management. (2) The Native Fish Conservation Policy applies to all geographic areas within the State’s jurisdiction. (3) The Department shall manage native fish to meet the following objectives: (a) To maintain and restore sustainable naturally produced native fish species living and reproducing successfully in their natural environments; (b) To provide recreational, commercial, cultural, and aesthetic benefits of optimum native fish populations to present and future citizens; and (c) To contribute benefits to their ecosystem such as carcass nutrients and food for other species. (4) Hatcheries shall be used responsibly to help achieve the goals of this policy. The Hatchery Management Policy describes the hatchery tool and its range of applications, as well as additional guidance concerning the conservation and management of native hatchery produced fish. Other tools include but are not limited to the management of habitat, harvest, competitors, predators, and fish health. (5) In restoring naturally produced native fish, and when weighing options for conservation action, the Department shall generally: (a) Give priority to management actions that address and help remedy the primary factors of decline (i.e. limiting factors); (b) Consider economic effects required by ORS 183.335(2)(b)(E); and (c) Consider the potential for success. (6) The Department shall manage for sustainability of naturally produced native fish at the level of the species management unit. In developing sustainability standards, the Department shall: (a) Incorporate the importance of population structure within each species management unit, and (b) Base the sustainability standards on biological attributes directly related to species performance, as described in OAR 635-007-0505(6). (7) When faced with scientific uncertainty concerning fish management, including status assessments and the effectiveness of recovery strategies, the Department shall proceed with precautionary strategies scaled to the conservation risk. Less precautionary strategies may be allowed if: (a) The Department determines that monitoring, evaluation and responsive management will keep biological risks within acceptable limits, or (b) The Department implements specific research to address management uncertainties. (8) The Department shall manage nonnative fish and hatchery based fisheries to optimize user benefits consistent with conservation of naturally produced native fish species. 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 131-2002, f. & cert. ef. 11-22-02
635-007-0506 Education and Training (1) The Department shall develop a training curriculum for staff, Commissioners, management partners, and the public that focuses on the Native Fish Conservation Policy and its implementation. (2) Training shall be provided as deemed appropriate by the Director. 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 131-2002, f. & cert. ef. 11-22-02
635-007-0507 Interim Criteria As temporary guidance to ensure the conservation of native fish prior to the completion of conservation plans, the Department shall use the interim criteria described in this rule. Once a conservation plan is approved, these interim criteria will no longer apply to the species management unit. In addition, for state endangered species covered by an associated endangered species management plan, as described in OAR 635-100-0140, these interim criteria do not apply. (1) Existing Populations — No more than 20% of the historical populations within the species management unit have become extinct and no natural population within the species management unit in existence as of 2003 shall be lost in the future. Further, if the historical species management unit contained more than one race (e.g., summer and winter steelhead), then each race must be represented by at least 2 populations. For at least 80% of the existing populations within each species management unit or for selected index populations identified in the stock status report as described in 635-007-0505(10), interim criteria (2) through (6) must be exceeded in at least 3 years during the most recent 5-year time interval. (2) Habitat Use Distribution — Naturally produced members of a population must occupy at least 50% of a population’s historic habitat. (3) Abundance — The number of naturally produced spawners must be greater than 25% of the average abundance of naturally produced spawners over the most recent 30 year time period. (4) Productivity — In years when the total spawner abundance is less than the average abundance of naturally produced spawners over the past 30 years, then the rate of population increase shall be at least 1.2 adult offspring per parent. Where offspring are defined as naturally produced adults that survive to spawn and parents are defined as those adults of both natural plus hatchery origin that spawned and collectively produced the observed offspring. (5) Reproductive Independence — At least 90% of the spawners within a population must be naturally produced and not hatchery produced fish, unless the department determines the hatchery produced fish are being used in a short-term experimental program to help restore a population in its natural habitat or otherwise directed by a court order. (6) Hybridization — The occurrence of individuals that are the product of deleterious hybridization with species that are non-native to the basin in which they are found must be rare or nonexistent. 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 96-2003, f. & cert. ef. 9-19-03
635-007-0509 Implementation of Interim Criteria (1) Species management units that do not meet, or that the department determines are unlikely to meet in the near future, at least four of the interim criteria specified in 635-007-0507 shall be classified as "at risk.” Species management units that meet four but no more than five of the interim criteria specified in 635-007-0507 shall be classified as "potentially at risk.” Species management units that meet all interim criteria specified in 635-007-0507 shall be classified as "not at risk.” (2) For those species management units classified as potentially at risk, the Department shall document this finding in the native fish species status report as described in 635-007-0505(10) and give an elevated priority to the species management unit with respect to development of statewide monitoring strategies and conservation plan development. (3) For those species management units classified as at risk, the Department, in addition to actions described in 635-007-0509(2), shall implement, within the Department’s statutory authority, fish management changes likely to improve the conservation status of the conservation management unit, based upon a documented evaluation of the primary factors impacting fish within the species management unit. The Department shall respond as soon as possible to an improvement in the conservation status of the species management unit with a reclassification of the unit consistent with the guidance provided in 635-007-0509(1). (4) In applying interim criteria, the Department recognizes that data may not be available to assess all populations belonging to a species management unit. The Department also recognizes that even when data for a population are available they may not be of sufficient detail or collected over a sufficient time period. In these circumstances, to determine if a population meets the interim criteria, it will be necessary to make inferences from those populations within the species management unit for which sufficient information is available or by using alternative qualitative and quantitative information and analyses to approximate interim criteria metrics. In evaluation of such species management units for conformity to the interim criteria, the Department shall document the assumptions and inferences associated in making this evaluation. 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 96-2003, f. & cert. ef. 9-19-03
635-007-0530 Sale of Salmon and Trout and Their Eggs (1) The Department will sell salmon and trout or the eggs of salmon and trout after first assuring that , within the capability of the Department to do so, the policy of the state as set forth in ORS 496.012 relating to trout and ORS 506.109 relating to salmon (food fish) has been met , and that such fish and eggs are surplus to the fish production needs of the state as determined by the Department in accordance with the established general priority for use of salmon eggs and fingerlings. Fish and eggs will be sold in accordance with statutes relative to handling of surplus property. (2) When selling eggs and carcasses from hatchery facilities to provide revenues to support hatchery programs and facilities, the Department shall prioritize sales in the following order: (a) Oregon small businesses in communities with high rates of unemployment; (b) Other Oregon small businesses; (c) All other businesses. Statutory/Other Authority: ORS 508.730 Statutes/Other Implemented: House Bill 3191 (2021) History: DFW 149-2022, amend filed 11/15/2022, effective 11/15/2022 FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-040-0017 FWC 82, f. & ef. 12-13-76
635-007-0535 Releasing Resident Fish in Private Waters It is the policy of the Department to refuse to release fish into private waters which are not open to the general public. However, the Department may release fish into: (1) Public waters where reasonable access use fees are assessed to recover maintenance costs or from which fish will migrate to waters open to public access. (2) Private ponds from which the Department may take fish for releasing in public waters. (3) Ponds where there are Department supervised experimental programs to explore pond management procedures. Statutory/Other Authority: ORS 496.138, 496.162, 497.252, 498.022 & 506.700 - 508.740 Statutes/Other Implemented: ORS 496.138, 496.162, 497.252, 498.022 & 506.700 - .740 History: FWC 2-1992, f. 1-28-92, cert. ef. 2-1-92
635-007-0542 Purpose of the Hatchery Management Policy (1) The purpose of the Hatchery Management Policy is to describe the hatchery tool and its range of applications. The Hatchery Management Policy also provides general fish culture and facility guidelines and measures to maintain genetic resources of native fish populations spawned or reared in captivity. This policy applies to all Department hatchery operations and programs including Salmon and Trout Enhancement Program (STEP) fish propagation projects (OAR 635-009-0090 through 635-009-0240) and Cooperative Salmon Hatchery Programs (OAR 635-009-0400 through 635-009-0455). (2) This policy describes best management practices that are intended to help ensure the conservation of both naturally produced native fish and hatchery produced fish in Oregon through the responsible use of hatcheries. The conservation of hatchery produced fish is important to maintain opportunities for fisheries and aid conservation of naturally produced native fish. (3) The Hatchery Management Policy complements and supports the Native Fish Conservation Policy OAR 635-007-0502 through 635-007-0506 and will be implemented through conservation plans developed for individual species management units, hatchery program management plans, or other formal agreements with management partners. The Hatchery Management Policy provides a foundation for the management and reform of hatcheries in Oregon, whereas the Native Fish Conservation Policy establishes the process for defining the specific use of the hatchery tool in specific watersheds. 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
635-007-0543 Hatchery Management Policy Goals (1) Foster and sustain opportunities for sport, commercial and tribal fishers consistent with the conservation of naturally produced native fish. (2) Contribute toward the sustainability of naturally produced native fish populations through the responsible use of hatcheries and hatchery-produced fish. (3) Maintain genetic resources of native fish populations spawned or reared in captivity. (4) Minimize adverse ecological impacts to watersheds caused by hatchery facilities and operations. 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
635-007-0544 Operating Principles for Hatchery Management (1) Hatchery management and reform will generally proceed from the following hatchery premise: The ideal hatchery removes as many random mortality effects as possible without having any other influence on the natural life or experience of native fish and their habitats. The hatchery premise has five main components that managers shall strive to incorporate into hatchery programs: (a) Removing random mortality occurring in the natural environment; (b) Simulating selective mortality operating in the natural environment; (c) Minimizing artificial selection; (d) Providing fish rearing and training experiences to reduce unnatural behaviors; and (e) Minimizing ecological impacts associated with hatchery operations (e.g., competition and predation associated with release location and number, pathogen transfer and amplification, pollutants, passage barriers, overharvest of weak stocks in mixed stock fisheries). (2) Success moving toward the premise in subsection (1) will be largely dependent on funding, research, program type, and facility or operating flexibility. (3) Hatchery program management plans shall be developed and implemented in consultation and cooperation with management partners and the public, and in coordination with native fish conservation policy plans at local and regional scales. (4) Hatchery programs shall be managed to provide optimum fishery and conservation benefits, based on the best available scientific information. Most programs will contribute toward fish management objectives primarily by raising fish for harvest while minimizing the impact on, or benefiting, fish that spawn naturally. (5) Hatchery facilities shall be operated to maximize fish quality and minimize adverse impacts to watersheds, consistent with fish management objectives, applicable permits and agreements. (6) Monitoring and evaluation shall be adequate to measure progress toward fish management and hatchery program objectives, contain risks within acceptable limits, and provide feedback for adaptive management. 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