reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-5310 - White and Green Sturgeon

Current through Register Vol. 63, No. 7, July 1, 2024
Policies and objective for white and green sturgeon management
				in the Siuslaw River Basin.
(1)
			 Policies:
(a) Siuslaw River Basin management
			 of white and green sturgeon shall be consistent with management in the lower
			 Columbia and other coastal estuaries;
(b) There shall be no hatchery programs for
			 sturgeon in the Siuslaw River Basin.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-5320 - Pacific Lamprey

Current through Register Vol. 63, No. 7, July 1, 2024
Policy and objective for Pacific lamprey management in the
				Siuslaw River Basin.
(1) Policy: The
			 Siuslaw River Basin shall be managed for wild production of Pacific
			 lamprey.
(2) Objective: Maintain
			 Pacific lamprey production in rivers and streams in the Siuslaw River Basin
			 where they naturally occur.
Stat. Auth.: ORS
				  496.138, ORS
				  496.146 & ORS
				  506.119
Stats. Implemented: ORS
				  506.109 & ORS
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-5330 - Crayfish

Current through Register Vol. 63, No. 7, July 1, 2024
Objectives for crayfish management in the Siuslaw River Basin.
				Objectives:
(1) Maintain natural
			 production of crayfish in the Siuslaw River Basin;
(2) Monitor the size and importance of the
			 commercial crayfish harvest in the Siuslaw River Basin;
(3) Determine the size and importance of the
			 recreational crayfish harvest in the Siuslaw River Basin.
Stat. Auth.: ORS
				  496.138, ORS
				  496.146 & ORS
				  506.119
Stats. Implemented: ORS
				  506.109 & ORS
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-5340 - Public Access

Current through Register Vol. 63, No. 7, July 1, 2024
Policies and objectives for public access management in the
				Siuslaw River Basin.
(1) Policies:
(a) The Department shall seek to provide
			 access for boat and bank angling that shall 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 guidelines and
			 objectives for management of fish species and habitat.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6000 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 635-500-6000 through
				635-500-6060 apply to the upper
				Deschutes River subbasin including: the Crooked River subbasin upstream to
				Bowman and Ochoco Dams; the Metolius River subbasin including Suttle Lake, Blue
				Lake, and Link Creek; the Deschutes River subbasin upstream to Big Falls
				including Squaw Creek; Lake Billy Chinook, and Lake Simtustus. These areas are
				located on the east side of the Cascade Mountains in Central Oregon primarily
				in Deschutes, Jefferson, and Crook Counties.
Stat. Auth.: ORS
				  496.138, 496.14 &
				  506.119
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6010 - Organization of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Administrative rules for the Upper Deschutes Subbasin anadromous fish
			 management policies and objectives are organized as follows: Rule Number --
			 Subject.
(2) OAR
			 635-500-6020 covers policies and
			 objectives for summer steelhead management in the upper Deschutes
			 subbasin.
(3) OAR
			 635-500-6030 covers policies and
			 objectives for spring chinook management in the upper Deschutes
			 subbasin
(4) OAR
			 635-500-6040 covers policies and
			 objectives for sockeye salmon management in the upper Deschutes
			 subbasin
(5) OAR
			 635-500-6050 covers policies and
			 objectives for bull trout management in the upper Deschutes subbasin
(6) OAR
			 635-500-6060 covers policies and
			 objectives for lamprey management in the upper Deschutes subbasin.
Stat. Auth.: ORS
				  496.138,
				  496.146 &
				  506.119
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6020 - Summer Steelhead

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following policies apply to summer steelhead management in the upper Deschutes
			 subbasin:
(a) Only specific pathogen free
			 hatchery reared eggs or juvenile summer steelhead will be released into the
			 upper Deschutes River subbasin until they return as adults to the Pelton
			 Trap.
(b) Only summer steelhead
			 adults known to have originated upstream of Round Butte Dam or reared in a M.
			 cerebralis free environment will be released above the dam until passage
			 measures are proven successful.
(c)
			 Summer steelhead of any origin may be considered for passage upstream of Round
			 Butte Dam once it has been determined the population is able to sustain
			 itself.
(d) The upper Deschutes
			 River subbasin will be managed for native summer steelhead consistent with the
			 Native Fish Conservation Policy (OAR
			 635-007-0503).
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6030 - Spring Chinook

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following policies apply to spring chinook management in the upper Deschutes
			 subbasin:
(a) Only specific pathogen free
			 hatchery reared eggs or juvenile spring chinook will be released into the upper
			 Deschutes River subbasin until they return as adults to the Pelton
			 Trap.
(b) Only spring chinook
			 adults known to have originated upstream of Round Butte Dam or reared in a M.
			 cerebralis free environment will be released above the dam until passage
			 measures are proven successful.
(c)
			 Spring chinook of any origin may be considered for passage into habitats
			 upstream of Round Butte Dam once it has been determined the population is able
			 to sustain itself.
(d) The upper
			 Deschutes River subbasin will be managed for native spring chinook consistent
			 with the Native Fish Conservation Policy (OAR
			 635-007-0503).
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6040 - Sockeye Salmon

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following policies apply to sockeye salmon management in the upper Deschutes
			 subbasin:
(a) Sockeye will be introduced into
			 the Metolius River and tributaries including Suttle Lake and Link Creek through
			 the release of hatchery reared specific pathogen free gametes and smolts into
			 the Metolius and its tributaries.
(b) Adult sockeye arriving at the Pelton
			 Ladder that are from a freshwater lineage will be spawned to provide the source
			 of gametes and smolts for introduction into the Metolius River and its
			 tributaries.
(c) Only selected
			 adults of known Metolius River origin will be released upstream of Round Butte
			 and Pelton Dams until passage measures are proven successful.
(d) Sockeye salmon of any origin may be
			 considered for passage upstream of Round Butte Dam once it has been determined
			 the population is able to sustain itself.
(e) The upper Deschutes River subbasin will
			 be managed for hatchery and naturally produced sockeye in the Metolius River
			 and tributaries consistent with the Native Fish Conservation Policy (OAR
			 635-007-0503).
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6050 - Bull Trout

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 policies apply to bull trout management in the upper Deschutes subbasin:
(a) Bull trout populations in the upper and
			 lower Deschutes subbasins will be reconnected through passage at the
			 Pelton-Round Butte Hydroelectric Project.
(b) The Deschutes River basin will be managed
			 for naturally produced bull trout consistent with the Native Fish Conservation
			 Policy (OAR 635-007-0503).
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6060 - Pacific Lamprey

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following policies apply to pacific lamprey management in the upper Deschutes
			 subbasin:
(a) Pacific lamprey will be
			 re-introduced into habitats in the upper Deschutes Basin. Adult lamprey will be
			 passed above the Pelton-Round Butte Hydroelectric Project.
(b) Manage pacific lamprey in the Deschutes
			 River and its tributaries for naturally produced sustainable populations
			 consistent with the Native Fish Conservation Policy (OAR
			 635-007-0503), and the species
			 protected status (OAR
			 635-044-0130).
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6600 - Implementing the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Policy.
			 The Upper Willamette River Conservation and Recovery Plan for Chinook Salmon
			 and Steelhead (UWR Plan; State of Oregon 2011, available at Department offices)
			 implements the State's strategy for protecting and enhancing Chinook salmon and
			 steelhead trout in Willamette River subbasins, in cooperation with other
			 federal and local partners, including Oregon Plan natural resource agencies and
			 NOAA Fisheries. The UWR Plan is based on the premise that the Oregon Plan for
			 Salmon and Watersheds provides the best vehicle for securing partnerships, both
			 private and governmental, to successfully implement the actions called for in
			 this plan. This rule describes the Commission's contribution toward this
			 collective effort and directs the Department's implementation of the UWR
			 Recovery Plan. This rule describes the Department's role in implementing the
			 UWR Recovery Plan consistent with the Department's statutory authorities and
			 the Native Fish Conservation Policy (OAR
			 635-007-0502 thru
			 635-007-0505). The rule is not
			 intended to be a rigid recipe but rather to identify the range of opportunities
			 the Department should pursue and how the effectiveness of those opportunities
			 should be evaluated, following the template first established in the Native
			 Fish Conservation Policy.
(2)
			 Description of Species Management Unit and Populations. The Species Management
			 Units (SMUs) for Upper Willamette River Chinook and steelhead are the portions
			 of the Upper Willamette River Evolutionarily Significant Units (ESUs) for
			 Chinook salmon, and the Distinct Population Segment (DPSs) for steelhead that
			 are comprised of independent populations, as defined in Chapter 2 of the UWR
			 Plan. To avoid confusion and because the SMUs are the same as the federal ESUs,
			 or DPSs, designations, the term ESU will be used to designate the SMUs for
			 Willamette River Chinook salmon and steelhead.
(3) Desired Status. The desired status goal
			 for populations of Upper Willamette Chinook salmon and steelhead is two-tiered
			 such that:
(a) Delisting Goal. The ESU and
			 DPS covered by the UWR Plan can be removed from the federal Endangered Species
			 Act threatened and endangered list. This shall be achieved through the
			 following:
(A) All independent populations
			 achieve the status called for under the Desired Status for Delisting identified
			 in Chapter 6 of the plan; and
(B)
			 Significant improvements are achieved in salmon and steelhead survival from
			 actions implemented to reduce habitat, hydrosystem, harvest, hatcheries, and/or
			 predation threats, as identified in Chapter 6 for each population;
			 and
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6700 - Organization of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
These rules (OAR
				635-500-6700 through
				635-500-6765) establish the
				Commission's policy for the non-tribal Columbia River Recreational and
				Commercial Fisheries Management Framework.
Stat. Auth.: ORS
				  496.138,
				  496.146 &
				  506.119
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6705 - Guiding Principles for Columbia River Fisheries Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Promote the
			 recovery of ESA-listed species and the conservation of wild stocks of salmon,
			 steelhead, and sturgeon in the Columbia River.
(2) Continue leadership on fish recovery
			 actions, including improved fish survival through the federal Columbia River
			 hydropower system, improved habitat conditions in the tributaries and estuary,
			 hatchery reform, reduced predation by fish, birds, and marine mammals, and
			 harvest management that meets conservation responsibilities.
(3) Continue to meet terms of U.S. v. Oregon
			 management agreements with Columbia River Treaty Tribes.
(4) In a manner that is consistent with
			 conservation and does not impair the resource, seek to enhance the overall
			 economic well-being and stability of Columbia River fisheries in Oregon.
(5) For steelhead, salmon and
			 sturgeon, prioritize recreational fisheries in the mainstem and commercial
			 fisheries in off-channel areas of the lower Columbia River. Toward this end:
(a) Assign mainstem recreational fisheries a
			 sufficient share of ESA-impacts and harvestable surplus to enhance current
			 fishing opportunity and economic benefit.
(b) Assign commercial fisheries a sufficient
			 share of the ESA-impacts and harvestable surplus to effectively harvest fish in
			 off-channel areas and harvest surplus fish with selective techniques in the
			 mainstem Columbia River.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6710 - Untitled

Current through Register Vol. 63, No. 7, July 1, 2024
Department staff shall manage fisheries consistent with the
				guiding principles and the allocation framework and provisions in OAR
				635-500-6715 through
				635-500-6765.
Stat. Auth.: ORS
				  496.138,
				  496.146 &
				  506.119
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6715 - Spring Chinook

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Transition
			 Period (2013-January 31, 2017).
(a) In 2013,
			 assign 65%, then 70% of the ESA-impact for upriver spring Chinook stocks to
			 mainstem recreational fisheries.
(b) In 2013, assign 35%, then 30% to
			 off-channel and mainstem commercial fisheries.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6720 - Summer Chinook

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Transition
			 Period (2013-April 4, 2017).
(a) In 2013-14,
			 assign 60%, then 70% of the harvestable surplus available for use downstream
			 from Priest Rapids Dam to mainstem recreational fisheries.
(b) In 2013-14, assign 40%, then 30% to
			 off-channel and mainstem commercial fisheries.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6725 - Sockeye

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Transition
			 Period (2013- January 31, 2017).
(a) Assign
			 70% of the ESA-impact for Snake River sockeye to mainstem recreational
			 fisheries.
(b) Assign 30% to
			 mainstem commercial fisheries for incidental harvest of sockeye in
			 Chinook-directed fisheries.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6730 - Tule Fall Chinook

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Transition
			 Period (2013-April 4, 2017).
(a) Assign no
			 more than 70% of the ESA-impact for lower Columbia River Tule fall Chinook to
			 mainstem recreational fisheries.
(b) Assign not less than 30% to off-channel
			 commercial fisheries, mainstem commercial fisheries that target Upriver Bright
			 and Lower River Hatchery Fall Chinook.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6735 - Upriver Bright Fall Chinook

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Transition Period (2013-April 4, 2017).
(a)
			 Assign no more than 70% of the ESA-impact for Snake River Wild Fall Chinook to
			 mainstem recreational fisheries.
(b) Assign not less than 30% to off-channel
			 and mainstem commercial fisheries. Provide additional mainstem commercial
			 harvest when recreational fishery objectives (OAR
			 635-500-6760) are expected to be
			 met.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6740 - Coho

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Transition
			 Period (2013-January 31, 2017).
(a) Assign
			 commercial fisheries a sufficient share of the ESA-impact for Lower Columbia
			 Natural coho to implement off-channel coho and fall Chinook fisheries and
			 mainstem fall Chinook fisheries.
(b) Assign the remaining balance to in-river
			 mainstem recreational fisheries. If these fisheries are expected to be unable
			 to use all of the ESA-impact for Lower Columbia Natural coho, assign the
			 remainder to mainstem commercial coho fisheries.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6745 - Chum

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Transition
			 Period (2013-January 31, 2017).
(a) Assign
			 commercial fisheries a sufficient share of the ESA-impact for chum to implement
			 off-channel and mainstem fisheries targeting other salmon species.
(b) Prohibit the retention of chum salmon in
			 recreational and commercial fisheries.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6750 - White Sturgeon

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Transition
			 Period (2013-January 31, 2017).
(a) In years
			 when retention is allowed, allocate 90% of the harvestable surplus downstream
			 from Bonneville Dam for use in non-tribal fisheries and hold 10% in reserve as
			 an additional conservation buffer above the maximum harvest rate allowed in
			 Oregon's white sturgeon conservation plan.
(b) Assign 80% of the white sturgeon
			 available for harvest to the recreational fishery.
(c) Assign 20% to off-channel and mainstem
			 commercial fisheries.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6755 - Additional Commercial Opportunity

Current through Register Vol. 63, No. 7, July 1, 2024
Additional opportunity for mainstem commercial fisheries shall
				be provided:
(1) If recreational
			 fisheries are predicted to be unable to use their allocated impacts;
(2) If established objectives for mainstem
			 recreational fisheries are predicted to be met; or
(3) If needed to remove lower river hatchery
			 tule Chinook and coho using selective techniques to meet conservation
			 objectives.
Stat. Auth.: ORS
				  496.138,
				  496.146 &
				  506.119
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6760 - Fall Recreational Fishery Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
Within limitations described in OAR
				635-500-6730 thru
				635-500-6750, fall recreational
				fishery objectives include:
(1) Buoy
			 10 to Tongue Point. The recreational fishing objective for Buoy 10 is defined
			 as a season beginning August 1 and continuing through Labor Day (34 days;
			 assuming Labor Day is September 3).
(2) Tongue Point to Warrior Rock. The
			 recreational fishing objective for the area from Tongue Point upstream to
			 Warrior Rock is defined as a season beginning August 1 and continuing through
			 September 7 as non-mark selective with an additional week of mark selective
			 fishing during September 8-14 (45 days).
(3) Warrior Rock to Bonneville Dam. The
			 recreational fishing objective for the area from Warrior Rock upstream to
			 Bonneville Dam is defined as a season beginning August 1 and continuing through
			 October 31 when the season is assumed to be essentially complete (92
			 days).
Stat. Auth.: ORS
				  496.138,
				  496.146 &
				  506.119
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 500 - FISH MANAGEMENT PLANS › Section 635-500-6765 - Adaptive Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall use adaptive management principles within its statutory
			 authority in support of achieving the expectations outlined in the guiding
			 principles of this plan.
(2) The
			 Commission will monitor implementation of the plan with an initial review in
			 2014 and undertake a comprehensive review at the end of the transition period.
			 If the guiding principles are not being met, efforts will be made to determine
			 why and the Commission will direct the Department to identify and evaluate
			 alternative or additional management actions necessary to meet the
			 principles.
Stat. Auth.: ORS
				  496.138,
				  496.146 &
				  506.119
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 600 - CRIMINAL HISTORY CHECK AND FITNESS DETERMINATION RULES › Section 635-600-0000 - Statement of Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
Purpose: These rules provide for the Department's acquisition
				of information about a subject individual's criminal history through criminal
				history checks and its use of that information to determine whether the subject
				individual is fit to provide services to the Department as an employee,
				contractor, vendor or volunteer in a position covered by OAR
				635-600-0010(2).
				The fact that the Department approves a subject individual as fit does not
				guarantee the individual a position as a Department employee, contractor,
				vendor or volunteer.
Statutory/Other Authority: ORS
				  496.121 & ORS
				  181A.195
Statutes/Other Implemented: ORS
				  181A.195 & ORS
				  496.121
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 600 - CRIMINAL HISTORY CHECK AND FITNESS DETERMINATION RULES › Section 635-600-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 635, division 600, unless the context of
				the rule requires otherwise, the following definitions apply:
(1) "Approved" means that, pursuant to a
			 preliminary fitness determination under OAR
			 635-600-0020 or a final fitness
			 determination under OAR
			 635-600-0030, the Department has
			 determined that the subject individual is fit to be an employee, contractor,
			 vendor or volunteer in a position covered by OAR
			 635-600-0010(2).
(2) "Conviction" means that a court of law
			 has entered a final judgment on a verdict or finding of guilty, a plea of
			 guilty, or a plea of nolo contendere (no contest) or any determination of guilt
			 entered by a court of law against a subject individual in a criminal case,
			 unless that judgment has been reversed or dismissed by a subsequent court
			 decision.
(3) "Criminal Offender
			 Information" means records, including fingerprints and photographs, and related
			 data received, compiled, and disseminated by the Oregon Department of State
			 Police (OSP), or by other states, for purposes of identifying criminal
			 offenders and alleged offenders, and maintained as part of an individual's
			 records of arrests, the nature and disposition of criminal charges, including
			 sentencing, confinement, but does not include the retention by OSP or records
			 of transfer of inmates between penal institutions or other correctional
			 facilities, and release.
(4)
			 "Crime Relevant to a Fitness Determination" means a crime listed or described
			 in OAR 635-600-0035.
(5) "Criminal History Check and Fitness
			 Determination Rules" or "These Rules" means OAR chapter 635, division 600.
(6) "Criminal History Check" or
			 "CHC" means obtaining and reviewing criminal records as required or permitted
			 by these rules and includes any or all of the following processes:
(a) A check of criminal offender information
			 and driving records conducted through use of the Law Enforcement Data System
			 (LEDS) maintained by the Oregon Department of State Police, in accordance with
			 the rules adopted and procedures established by the Oregon Department of State
			 Police (LEDS Computerized Criminal History check);
(b) A check of Oregon or other state criminal
			 offender information, including through fingerprint identification or other
			 means, conducted by the Oregon Department of State Police at the Department's
			 request (Oregon or State Criminal History Check); or
(c) A national check of federal criminal
			 offender information, including through fingerprint identification, conducted
			 by the Oregon Department of State Police through the Federal Bureau of
			 Investigation or otherwise at the Department's request (National Criminal
			 History Check).
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 600 - CRIMINAL HISTORY CHECK AND FITNESS DETERMINATION RULES › Section 635-600-0010 - Subject Individual

Current through Register Vol. 63, No. 7, July 1, 2024
"Subject Individual" means a person who is required to complete
				a criminal history check pursuant to these rules and from whom the Department
				may require fingerprints for the purpose of conducting a criminal history check
				because the person:
(1)
(a) Is employed by or considered for
			 employment by the Department; or
(b) Provides services or seeks to provide
			 services to the Department as a contractor, vendor or volunteer; and
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 600 - CRIMINAL HISTORY CHECK AND FITNESS DETERMINATION RULES › Section 635-600-0015 - Criminal History Check Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Disclosure of Information by Subject
			 Individual.
(a) Preliminary to a criminal
			 history check, a subject individual shall complete an ODFW Criminal History
			 Request form and, if requested by the Department, a fingerprint capture. The
			 Criminal History Request form may include, but not limited to: legal name and
			 aliases, date of birth, Social Security Number, driver license or
			 identification card number, address, and residency information, disclosure of
			 criminal history (all arrests, charges, convictions and offenses), and any
			 other information deemed necessary by the Department. The ODFW Criminal History
			 Request form may also require details concerning any circumstance listed in OAR
			 635-600-0030.
(b) A subject individual shall complete and
			 submit to the Department the ODFW Criminal History Request form and, if
			 requested, a fingerprint capture within three business days of receiving the
			 forms. The Department may extend the deadline for good cause.
(c) The Department shall not request a
			 fingerprint capture from a subject individual under the age of 18 years unless
			 the subject individual is emancipated pursuant to ORS
			 419B.550 et seq, or unless the
			 Department also requests the written consent of a parent or guardian. In such
			 case, such parent or guardian and youth must be informed that they are not
			 required to consent. Notwithstanding, failure to consent may be construed as a
			 refusal to consent.
(d) The
			 Department may require additional information from the subject individual as
			 necessary to complete the criminal history check and fitness determination,
			 such as, but not limited to, proof of identity; or additional criminal,
			 judicial, or other background information. Within a reasonable period of time
			 as established by the Department, a subject individual shall disclose
			 additional information as requested by the Department.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 600 - CRIMINAL HISTORY CHECK AND FITNESS DETERMINATION RULES › Section 635-600-0020 - Preliminary Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may conduct a preliminary
			 fitness determination if the Department is interested in hiring or appointing a
			 subject individual on a preliminary basis, pending a final fitness
			 determination.
(2) If the
			 Department elects to make a preliminary fitness determination about a subject
			 individual, pending a final fitness determination, the Department shall make a
			 preliminary fitness determination about a subject individual based on
			 information disclosed by the subject individual under OAR
			 635-600-0015(1)
			 and a LEDS Criminal History Check.
(3) The Department shall approve a subject
			 individual as fit on a preliminary basis if the authorized designee has no
			 reason to believe [that ]the subject individual has made a false statement and
			 the information available to the Department does not disclose that the subject
			 individual
.
(a) Has pled
			 nolo contendere (or no contest) to, been convicted of, found guilty except for
			 insanity (or comparable disposition) of, or has a pending indictment for a
			 crime listed under OAR
			 635-600-0035;
(b) Is being investigated for, has an
			 outstanding warrant for, or has been charged with a crime listed under OAR
			 635-600-0035;
(c) Is currently on probation, parole, or any
			 form of post-prison supervision for a crime listed under OAR
			 635-600-0035;
(d) Has a deferred sentence or conditional
			 discharge in connection with a crime listed under OAR
			 635-600-0035; or
(e) Has been adjudicated in a juvenile court
			 and found to be within the court's jurisdiction for an offense that would have
			 constituted a crime listed in OAR
			 635-600-0035 if committed by an
			 adult.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 600 - CRIMINAL HISTORY CHECK AND FITNESS DETERMINATION RULES › Section 635-600-0025 - Hiring or Appointing on a Preliminary Basis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may hire or appoint a
			 subject individual on a preliminary basis if the Department has approved the
			 subject individual on the basis of a preliminary fitness determination under
			 OAR 635-600-0020.
(2) A subject individual hired or appointed
			 on a preliminary basis under this rule may participate in training,
			 orientation, or work activities as assigned by the Department.
(3) A subject individual hired or appointed
			 on a preliminary basis is deemed to be on trial service and, if terminated
			 prior to completion of a final fitness determination under OAR
			 635-600-0030, may not appeal the
			 termination under the process provided under OAR
			 635-600-0050.
(4) If a subject individual hired or
			 appointed on a preliminary basis is denied upon completion of a final fitness
			 determination, then the Department shall immediately terminate the subject
			 individual's employment or appointment.
Statutory/Other Authority: ORS
				  181A.195 & ORS
				  496.121
Statutes/Other Implemented: ORS
				  181A.195 & ORS
				  496.121
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 600 - CRIMINAL HISTORY CHECK AND FITNESS DETERMINATION RULES › Section 635-600-0030 - Final Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall consider the
			 following factors in relation to information provided by the subject
			 individual, including any criminal offender information obtained through a
			 criminal history check and other information known by the Department:
(a) The nature of the crime;
(b) The facts that support the conviction, or
			 that indicate the making of a false statement;
(c) The relevancy, if any, of the crime or
			 the false statement to the specific requirements of the subject individual's
			 present or proposed position, services
,
employment, license,
			 certification or registration; and
(d) Intervening circumstances relevant to the
			 responsibilities and circumstances of the position, services, employment,
			 license, certification, registration or permit such as:
(i) The passage of time since the commission
			 of the crime;
(ii) The age of the
			 subject individual at the time of the crime;
(iii) The likelihood of a repetition of
			 offenses or of the commission of another crime;
(iv) The subsequent commission of another
			 relevant crime;
(v) Whether the
			 conviction was set aside and the legal effect of setting aside the conviction;
			 and
(vi) The recommendation of an
			 employee.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 600 - CRIMINAL HISTORY CHECK AND FITNESS DETERMINATION RULES › Section 635-600-0035 - Crimes Relevant to a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A conviction of any of the following
			 crimes or offenses is potentially disqualifying, unless otherwise provided by
			 law.
(a) All felonies.
(b) All misdemeanors.
(c) Any U.S. military crime or international
			 crime.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 600 - CRIMINAL HISTORY CHECK AND FITNESS DETERMINATION RULES › Section 635-600-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534 &
				  496.121
Stats. Implemented: ORS
				  181.534(9)
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 600 - CRIMINAL HISTORY CHECK AND FITNESS DETERMINATION RULES › Section 635-600-0050 - Appealing a Final Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An authorized designee shall provide
			 written notice to a subject individual upon completion of the final fitness
			 determination when there is a denied or restricted approval. Such notice shall
			 meet the requirements of ORS
			 183.415 and shall be served
			 personally or by registered or certified mail.
(2) A subject individual may appeal a final
			 fitness determination outcome of a denied or restricted approval. To appeal a
			 Final Fitness Determination:
(a) The subject
			 individual shall submit a written request for a review to the appropriate ODFW
			 Division or Region Administrator within 14 calendar days from the date they
			 were notified of a denied or restricted approval.
(b) If the outcome of the review in
			 subsection (2)(a) continues to be a denied or restricted approval, the subject
			 individual or the subject individual's legal representative shall submit a
			 written request for a contested case hearing to the address specified in the
			 written notice provided by Department, within 14 calendar days of the date
			 appearing on the written notice from the ODFW Division or Region Administrator.
			 The Department shall address a request received after expiration of the
			 deadline as provided under OAR
			 137-003-0528.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 600 - CRIMINAL HISTORY CHECK AND FITNESS DETERMINATION RULES › Section 635-600-0055 - Recordkeeping and Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Criminal Offender information obtained in the criminal history check is
			 confidential. The Department must restrict the dissemination of information
			 obtained in the criminal history check. Only those persons, as identified by
			 the Department, with a demonstrated and legitimate need to know the
			 information, may have access to the criminal history check records.
(2) If a fingerprint-based criminal history
			 check was conducted with regard to a subject individual, the Department shall
			 permit that subject individual to inspect his or her own state and federal
			 criminal offender information, unless prohibited by state or federal law and
			 only the extent required by the terms of the Public Records law.
(3) Sharing information. Final fitness
			 determination results may be shared with other authorized agencies that have
			 already made a fitness determination for the subject individual once they have
			 received a request pursuant to ORS
			 181A.195(10)(c)(A).
Statutory/Other Authority: ORS
				  181A.195 & ORS
				  496.121
Statutes/Other Implemented: ORS
				  181A.195 & ORS
				  496.121
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 600 - CRIMINAL HISTORY CHECK AND FITNESS DETERMINATION RULES › Section 635-600-0065 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may charge a fee, not to exceed the actual cost to the Department, for
			 acquiring and furnishing criminal offender information for use in making a
			 fitness determination.
(2) The
			 Department may charge the fee to the subject individual on whom criminal
			 offender information is sought, or, if the subject individual is an employee of
			 a Department contractor and is undergoing a fitness determination in that
			 capacity, the Department may charge the fee to the subject individual's
			 employer.
Statutory/Other Authority: ORS
				  181A.195 & ORS
				  496.121
Statutes/Other Implemented: ORS
				  181A.195 & ORS
				  496.121
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 800 - TRIBAL AGREEMENTS › Section 635-800-0050 - Memorandum of Agreement with the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Members of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw
			 Indians are authorized to take species over which the Oregon Fish and Wildlife
			 Commission has management authority under the terms and conditions of the
			 Memorandum of Agreement between the Confederated Tribes of the Coos, Lower
			 Umpqua, and Siuslaw Indians and the State of Oregon, by and through the
			 Department of Fish and Wildlife (Department) and within the geographic scope of
			 that Agreement, entered into by both parties in 2023, incorporated herein by
			 reference.
(2) The Confederated
			 Tribes of the Coos, Lower Umpqua, and Siuslaw Indians and the Department will
			 coordinate the use of their respective authorities, expertise and influence as
			 regulatory or voluntary opportunities are presented to protect, enhance and
			 restore fish and wildlife habitat under the terms and conditions of the above
			 referenced Memorandum of Agreement and within the geographic scope of that
			 Agreement.
(3) No additional tribal
			 legal or treaty entitlement is created, conveyed, implied or diminished, nor is
			 any existing agreement, treaty or court decree modified by the adoption of
			 these rules or the above referenced Memorandum of Agreement.
(4) Nothing in the above referenced
			 Memorandum of Agreement shall be construed as:
(a) affirming, recognizing or limiting the
			 rights or claims of any other tribe within the geographic scope of that
			 Agreement;
(b) limiting the
			 Department from entering into separate agreements with other tribes addressing
			 the authority to take species within the geographic scope of that Agreement;
			 or
(c) establishing, expanding,
			 adjudicating, waiving, limiting or otherwise affecting the ancestral,
			 aboriginal, treaty, statutory, equitable, or other rights of the
			 Tribe.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 800 - TRIBAL AGREEMENTS › Section 635-800-0100 - Memorandum of Agreement with the Coquille Indian Tribe

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Members of the Coquille Indian Tribe are
			 authorized to take species over which the Oregon Fish and Wildlife Commission
			 has management authority under the terms and conditions of the Memorandum of
			 Agreement between the Coquille Indian Tribe and the State of Oregon, by and
			 through the Department of Fish and Wildlife (Department) and within the
			 geographic scope of that Agreement, entered into by both parties in 2022,
			 incorporated herein by reference.
(2) The Coquille Indian Tribe and the
			 Department will coordinate the use of their respective authorities, expertise
			 and influence as regulatory or voluntary opportunities are presented to
			 protect, enhance and restore fish and wildlife habitat under the terms and
			 conditions of the above referenced Memorandum of Agreement and within the
			 geographic scope of that Agreement.
(3) No additional tribal legal or treaty
			 entitlement is created, conveyed, implied or diminished, nor is any existing
			 agreement, treaty or court decree modified by the adoption of these rules or
			 the above referenced Memorandum of Agreement.
(4) Nothing in the above referenced
			 Memorandum of Agreement shall be construed as:
(a) affirming, recognizing or limiting the
			 rights or claims of any other tribe within the geographic scope of that
			 Agreement;
(b) limiting the
			 Department from entering into separate agreements with other tribes addressing
			 the authority to take species within the geographic scope of that Agreement;
			 or
(c) establishing, expanding,
			 adjudicating, waiving, limiting or otherwise affecting the ancestral,
			 aboriginal, treat, statutory, equitable, or other rights of the
			 Tribe.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 800 - TRIBAL AGREEMENTS › Section 635-800-0110 - Memorandum of Agreement with the Cow Creek Band of Umpqua Tribe of Indians

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Members of the
			 Cow Creek Band of Umpqua Tribe of Indians are authorized to take species over
			 which the Oregon Fish and Wildlife Commission has management authority under
			 the terms and conditions of the Memorandum of Agreement between the Cow Creek
			 Band of Umpqua Tribe of Indians and the State of Oregon, by and through the
			 Department of Fish and Wildlife (Department) and within the geographic scope of
			 that Agreement, entered into by both parties in 2022, incorporated herein by
			 reference.
(2) The Cow Creek Band
			 of Umpqua Tribe of Indians and the Department will coordinate the use of their
			 respective authorities, expertise and influence as regulatory or voluntary
			 opportunities are presented to protect, enhance and restore fish and wildlife
			 habitat under the terms and conditions of the above referenced Memorandum of
			 Agreement and within the geographic scope of that Agreement.
(3) No additional tribal legal or treaty
			 entitlement is created, conveyed, implied or diminished, nor is any existing
			 agreement, treaty or court decree modified by the adoption of these rules or
			 the above referenced Memorandum of Agreement.
(4) Nothing in the above referenced
			 Memorandum of Agreement shall be construed as:
(a) affirming, recognizing or limiting the
			 rights or claims of any other tribe within the geographic scope of that
			 Agreement;
(b) limiting the
			 Department from entering into separate agreements with other tribes addressing
			 the authority to take species within the geographic scope of that Agreement;
			 or
(c) establishing, expanding,
			 adjudicating, waiving, limiting or otherwise affecting the ancestral,
			 aboriginal, treaty, statutory, equitable, or other rights of the
			 Tribe.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 800 - TRIBAL AGREEMENTS › Section 635-800-0300 - Memorandum of Agreement for Off-Reservation and Non-Trust Land Hunting, Fishing, Trapping, and Gathering with the Confederated Tribes of the Grand Ronde Community of Oregon

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Members of
			 the Confederated Tribes of the Grand Ronde Community of Oregon (Grand Ronde)
			 are authorized to take species over which the Oregon Fish and Wildlife
			 Commission has management authority on off-reservation and non-trust lands
			 under the terms and conditions of the Memorandum of Agreement between the Grand
			 Ronde and the State of Oregon, by and through the Department of Fish and
			 Wildlife (Department), and within the geographic scope of that Agreement,
			 entered into by both parties in 2023, incorporated herein by
			 reference.
(2) The Grand Ronde and
			 the Department will coordinate the use of their respective authorities,
			 expertise and influence as regulatory or voluntary opportunities are presented
			 to protect, enhance and restore fish and wildlife habitat under the terms and
			 conditions of the above referenced Memorandum of Agreement and within the
			 geographic scope of that Agreement.
(3) No additional tribal legal or treaty
			 entitlement is created, conveyed, implied or diminished, nor is any existing
			 agreement, treaty or court decree modified by the adoption of these rules or
			 the above referenced Memorandum of Agreement.
(4) Nothing in the above referenced
			 Memorandum of Agreement shall be construed as:
(a) affirming, recognizing or limiting the
			 rights or claims of any other tribe within the geographic scope of that
			 Agreement;
(b) limiting the
			 Department from entering into separate agreements with other tribes addressing
			 the authority to take species within the geographic scope of that Agreement;
			 or
(c) establishing, expanding,
			 adjudicating, waiving, limiting or otherwise affecting the ancestral,
			 aboriginal, treaty, statutory, equitable, or other rights of the
			 Tribe.