reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0225 - Purchase, Record, Report, and Sale of Steelhead Trout and Walleye from Treaty Indian Fisheries

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Steelhead trout and walleye lawfully taken by treaty Indians during commercial
			 fishing seasons may be purchased by licensed wholesale fish dealers, canners,
			 or buyers pursuant to restrictions set forth in sections (2) through (4) of
			 this rule. In addition, steelhead trout and walleye taken lawfully by treaty
			 Indians during commercial fishing seasons may be purchased and/or possessed by
			 any individual pursuant to restrictions set forth in section (5) of this
			 rule.
(2) The wholesale fish
			 dealer, canner, or buyer, shall at the time of purchase, enter the purchase of
			 steelhead trout and walleye on a Department Columbia River Fish Receiving
			 Ticket. Information required to be entered on the Fish Receiving Ticket shall
			 be the same as required by OAR
			 635-006-0210 and
			 635-006-0212 for each purchase
			 of food fish.
(3) The record
			 keeping and reporting requirements for food fish as set forth in OAR
			 635-006-0200 through
			 635-006-0215 shall apply to all
			 steelhead trout and walleye purchases. The landed weights of all gilled and
			 gutted steelhead trout must be submitted by the licensed wholesale fish dealer,
			 canner, or buyer by using the appropriate condition code (60) that applies a
			 conversion factor of 1.17 listed in OAR
			 635-006-0215 for Treaty Indian
			 Fishery Columbia River salmon and steelhead trout.
(4) In addition to the records required in
			 connection with the purchase of steelhead trout, and walleye, a record of all
			 sales of steelhead trout and walleye shall be maintained by licensed wholesale
			 fish dealers, canners, or buyers for a period of three years and shall be
			 subject to inspection by the Department, the Director's authorized agent or the
			 Oregon State Police. Such record of sales shall include as a minimum:
(a) Name and address of each person to whom
			 either steelhead or walleye are sold;
(b) Quantity in pounds of each sale
			 identified as whole or round weight or dressed weight; and
(c) Date of each delivery.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0230 - When Possession of Steelhead or Walleye Unlawful

Current through Register Vol. 63, No. 7, July 1, 2024
Except as otherwise provided by law or rule, it is
unlawful
for any person to have in possession either steelhead
				trout or walleye taken by any means other than by angling. Notwithstanding OAR
				635-006-0225, it is lawful for
				any wholesale fish dealer, canner, buyer or retailer to possess and sell, in
				Oregon, legally purchased steelhead trout or walleye taken from outside the
				Columbia River Basin, consistent with reporting requirements contained within
				635-006-0200.
Stat. Auth.: ORS
				  496.138 &
				  509.031
Stats. Implemented: ORS
				  496.138 &
				  509.031
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0231 - When Possession of Salmon Unlawful

Current through Register Vol. 63, No. 7, July 1, 2024
Except as otherwise provided by law or rule, it is
unlawful
to possess or distribute commercially caught salmon
				that has been taken by gear other than "troll," unless authorized by the Oregon
				Department of Fish and Wildlife.
Stat. Auth.: ORS
				  506.119
Stats. Implemented: ORS
				  506.109 & ORS
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0232 - Damages for Commercial Fishing Violations

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of ORS
				506.660 and
				506.720, the fair market value
				of food fish shall be the market price of food fish or shellfish at the same
				time and place that the fish are landed. When the market price cannot be
				determined, fair market value shall be the average price per pound paid to law
				enforcement officials for any fish or shellfish confiscated from persons
				landing legal overages, or the average ex-vessel price per pound paid for that
				species in that port during the month in which the overage occurred, whichever
				is greater. Unless otherwise noted, the fair market value is the price per
				pound and is based on round weight.
Statutory/Other Authority: ORS
				  506.119
Statutes/Other Implemented: ORS
				  506.109 & ORS
				  506.720
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0233 - Payment for Legal Commercial Fishing Overages

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of legally landed overages where proceeds are to
				be remitted to the state, payment shall be at fair market value as defined in
				OAR 635-006-0001.
Stat. Auth.: ORS
				  506.119
Stats. Implemented: ORS
				  506.109 & ORS
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0235 - Revocation of and Refusal to Issue Commercial Fishing and Fish Dealer Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (2) of this rule in accordance with ORS
			 508.485 and ORS
			 508.490, upon the third
			 conviction or third forfeiture of bail within three years for violation of any
			 of the Commercial Fishing Laws of the State of Oregon or for conviction in the
			 State of Washington of an offense which was a violation of Columbia River
			 Commercial fishing rules adopted pursuant to the Columbia River Compact, by any
			 person, the Commission shall initiate contested case proceedings in accordance
			 with the Administrative Procedures Act (ORS Chapter 183) to revoke, or refuse
			 to issue, licenses issued under the Commercial Fishing Laws (ORS Chapters
			 506-513).
(2) Convictions or
			 forfeiture of bail for exceeding trip limits in the groundfish trawl fishery,
			 where the trip limit has not been exceeded by more than 15%, shall not be
			 considered as a conviction or forfeiture of bail for purposes of section (1) of
			 this rule.
(3) The Commission shall
			 appoint a hearings officer to conduct the contested case hearing prescribed in
			 section (1) of this rule.
(4)
(a) In addition to the hearings officer, the
			 Commission may appoint a three-member License Revocation Board to be present at
			 the hearing and to make advisory recommendations to the Commission concerning
			 revocation or refusal to issue a license to that person. License Revocation
			 Boards shall consist of members representing the following fishing industries:
(A) Troll salmon;
(B) Gillnet salmon;
(C) Groundfish and shrimp;
(D) Crab;
(E) All other commercial fisheries.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0400 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of the Columbia River gillnet salmon vessel fleet
				reduction program is to obtain an effective and expeditious reduction of the
				number of vessels in the non-Indian Columbia River commercial gillnet salmon
				fishing fleet to reduce their overall fishing capacity.
Stat. Auth.: ORS 506
Stats. Implemented: ORS
				  506
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0405 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of OAR
				635-006-0400 through
				635-006-0425:
(1) "Buy-back" means the purchase by the
			 Department of a current permit during the program.
(2) "Current" means either a 1984 permit for
			 which the permitted vessel qualifies for renewal in 1985 or a 1985
			 permit.
(3) "License" means a boat
			 license issued in accordance with ORS
			 508.035 and ORS
			 508.260.
(4) "Offer price" means the dollar amount at
			 which a permit holder offers to sell the permit to the Department.
(5) "Permit" means a current Columbia River
			 gillnet salmon vessel permit, issued pursuant to Chapter 679, Oregon Laws
			 1979.
(6) "Permit holder" means an
			 individual who has been issued and possesses a current permit.
(7) "Program" means the Oregon Columbia River
			 gillnet salmon fleet reduction program.
(8) "Vessel" means a commercial fishing
			 vessel.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119,
				  506.129 &
				  506.241
Stats. Implemented: ORS
				  506.109,
				  506.129 &
				  506.241
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0410 - Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
In order to be eligible to participate in the program, a permit
				holder must have held a license for a vessel which was used lawfully to land in
				Oregon salmon taken in the Columbia River gillnet salmon fishery prior to
				December 22, 1984.
Stat. Auth.: ORS 506
Stats. Implemented: ORS
				  506
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0412 - Death of Eligible Permit Holder

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the event that an eligible permit
			 holder dies subsequent to January 29, 1982, his or her permit may then be
			 purchased from the personal representative or executor administering the estate
			 of the permit holder.
(2) In the
			 event that the permit holder's estate referred to in section (1) of this rule
			 is closed:
(a) The permit may be purchased
			 from the permit holder's spouse;
(b) In the event that the permit holder is
			 not survived by a spouse, the permit may be purchased from the permit holder's
			 children.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0415 - Notification

Current through Register Vol. 63, No. 7, July 1, 2024
All permit holders shall be notified of the program by 1st
				class mail to the last known address of which the Department has notice in
				writing from the permit holder; and shall be provided with information
				explaining the program's purpose, eligibility requirements, application
				procedures, buy-back procedures, and forms required to be completed and
				returned to the Department.
Stat. Auth.: ORS 506
Stats. Implemented: ORS
				  506
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0420 - Participation Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
In order to participate in the program a permit holder shall
				provide to the Department:
(1) A
			 completed application form including the written consent of each person holding
			 a security interest in the vessel to which the permit is assigned.
(2) Information on activities in the Columbia
			 River gillnet salmon fishery including years in which salmon were lawfully
			 landed in Oregon from the fishery, and pounds of salmon lawfully landed in
			 Oregon in those years.
(3) A
			 completed and signed offer to sell the permit to the Department at an offer
			 price specified by the permit holder.
(4) A completed and signed transfer
			 authorization of the offered permit if the offer is accepted.
Stat. Auth.: ORS 506
Stats. Implemented: ORS
				  506
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0423 - Ranking of Applications

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall separate eligible applicants into one of
				the following categories:
(1) Category
			 A shall contain permit holders who held licenses prior to February 28,
			 1977.
(2) Category B shall contain
			 permit holders not contained in Category A who held licenses subsequent to
			 February 28, 1977, but prior to December 22, 1980.
Stat. Auth.: ORS 506
Stats. Implemented: ORS
				  506
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0425 - Purchase of Permits

Current through Register Vol. 63, No. 7, July 1, 2024
Permits shall first be purchased from Category A. Permits shall
				be purchased from Category B only after purchases approved by the Commission
				from Category A are selected.
(1)
			 Permits shall be purchased beginning with the lowest offer price.
(2) Each subsequent permit purchase shall be
			 made at the lowest remaining offer price.
(3) In case of ties in otherwise qualified
			 permit holders' offer prices, the Department will first purchase the permit of
			 the permit holder with the greatest total pounds of salmon lawfully landed in
			 Oregon from the Columbia River gillnet salmon fishery for the period 1978
			 through 1985.
(4) Any offer over
			 $1,000.00 shall be referred to the Commission for approval.
(5)
(a)
			 Permits which are purchased shall be retired by the Department;
(b) The transfer of the offered permit is
			 effective upon written acceptance by the Department.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-1005 - Introduction to Organization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 2012, many commercial fishing regulations were reorganized, with significant
			 parts of the Restricted Participation Systems regulations moved to their
			 related fishery sections in division 4 and division 5 of the Fish &
			 Wildlife Oregon Administrative Rules. As a result of the reorganization, only
			 regulations regarding commercial gillnet and troll salmon fisheries remain in
			 the Restricted Participation Systems section. These two fisheries are organized
			 by topic. For each topic, the applicable law for each fishery is either set
			 forth or, where the statute provides detail, the statute is cited.
(2) The topics covered by these rules are:
(a) Requirement for permit -
			 635-006-1015;
(b) Permit Fee -
			 635-006-1025;
(c) Eligibility Requirements for a Permit -
			 635-006-1035;
(d) Evidence of Eligibility -
			 635-006-1050;
(e) Revocation and Refusal to Issue Permits -
			 635-006-1060;
(f) Review of Denials -
			 635-006-1065;
(g) Renewal of Permit -
			 635-006-1075;
(h) Lottery for Certain Limited Entry
			 Fisheries - 635-006-1085;
(i) Transferability of Permits -
			 635-006-1095;
(j) Commercial Fishery Permit Boards -
			 635-006-1200;
(k) Agency Representation by Employee -
			 635-006-1210.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-1015 - Requirement for Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following provide general requirements for permits:
(a) Gillnet salmon - see ORS
			 508.775;
(b) Troll salmon - see ORS
			 508.801 and
			 508.828;
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-1025 - Permit Fee

Current through Register Vol. 63, No. 7, July 1, 2024
The annual fee to participate in limited entry fisheries is as
				follows:
(1) Gillnet salmon:
(a) The annual fee is $125.00 (plus a $2.00
			 license agent fee) for resident applicants and $175.00 (plus a $2.00 license
			 agent fee) for non-resident applicants. See ORS
			 508.790, ORS
			 508.775 and Section 6, Chapter
			 512, Oregon Laws 1989.
(b) A fee
			 of $100.00 shall be charged for each transfer of participation rights under
			 this section.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-1035 - Eligibility Requirements for a Permit

Current through Register Vol. 63, No. 7, July 1, 2024
Eligibility for a limited entry permit is as follows:
(1) Gillnet salmon - see ORS
			 508.784.
(2) Troll salmon - see ORS
			 508.810.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-1050 - Evidence of Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
In making determinations regarding issuance or renewal of any
				limited entry permit, the Department and the Commercial Fishery Permit Board
				may consider as evidence of permit qualifications or requirements Department
				records and such receipts, accounts, contracts and other business records of
				private parties as the Department or the Board considers reliable evidence of
				the qualifications or requirements in question.
Stat. Auth.: ORS
				  506.119
Stats. Implemented: ORS
				  506.109
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-1060 - Revocation and Refusal to Issue Permits

Current through Register Vol. 63, No. 7, July 1, 2024
The Commercial Fishery Permit Board may revoke and refuse
				subsequent issuance of limited entry fisheries permits as follows:
(1) Gillnet salmon permit - see ORS
			 508.787.
(2) Troll salmon permit - see ORS
			 508.813.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-1065 - Review of Denials (Restricted Participation Systems)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual whose application for
			 issuance or renewal of a limited entry permit is denied by the Oregon
			 Department of Fish and Wildlife (Department) may request review of the
			 Department's decision by doing so in writing to the Commercial Fishery Permit
			 Board (Board). The procedure for requesting review and the applicable standard
			 of review shall be as follows:
(a) Gillnet
			 salmon - see ORS 508.796;
(b) Troll salmon - see ORS
			 508.825;
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-1075 - Renewal of Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 individual who obtained a limited entry permit may renew the permit as follows:
(a) Gillnet salmon - Permits may be renewed
			 by submission to the Department of a $125.00 (plus a $2.00 license agent fee)
			 for resident applicants and $175.00 (plus a $2.00 license agent fee) for
			 non-resident applicants and a complete application, see ORS
			 508.781 and
			 508.790;
(b) Troll salmon - Permits may be renewed by
			 submission to the Department of a $125.00 (plus a $2.00 license agent fee) for
			 resident applicants and $175.00 (plus a $2.00 license agent fee) for
			 non-resident applicants and a complete application, see ORS
			 508.807 and
			 508.816.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-1085 - Lottery for Certain Limited Entry Fisheries

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A lottery for issuance of permits shall
			 be conducted as follows:
(a) Gillnet salmon -
			 see ORS 508.792;
(b) Troll salmon - see ORS
			 508.819;
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-1095 - Transferability of Permits

Current through Register Vol. 63, No. 7, July 1, 2024
Any transfer of a permit away from a vessel without the written
				consent of each person holding a security interest in such vessel is void. The
				following rules apply to transfer of limited entry fishery permits:
(1) Gillnet salmon - see ORS
			 508.793.
(2) Troll salmon - see ORS
			 508.822.
(3) In the event a buyer fails to complete a
			 purchase agreement for a Columbia River Gillnet vessel permit, the seller is
			 eligible for a temporary transfer of the vessel permit back to the seller, if a
			 preliminary injunction is issued by a circuit court requiring the State
			 Department of Fish and Wildlife to allow the seller to continue to operate a
			 vessel in the fishery during the pendency of the proceeding. An order granting
			 a preliminary injunction under this section must include a finding that
			 allowing the seller to continue to operate a vessel in the fishery will not
			 cause excessive harvest pressure on the fishery resource.
Statutory/Other Authority: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Statutes/Other Implemented: ORS
				  506.109,
				  506.129,
				  508.760 &
				  508.762
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-1120 - Vessel Length Modification in Ocean Dungeness Crab Fishery

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No vessel
			 holding a ocean Dungeness crab permit shall be modified to increase its length
			 by more than 10 feet during any 60-month period. If a permitted vessel is
			 modified, the owner shall promptly notify the Department and the 60-month
			 period shall begin on the date the Department receives notification.
Stat. Auth.: ORS
				  506.119
Stats. Implemented: ORS
				  506.109
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-1200 - Commercial Fishery Permit Boards

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-1210 - Agency Representation by Employee

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0502 - Purpose of the Native Fish Conservation Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  496.012 &
				  496.138
Stats. Implemented: ORS
				  496.171,
				  496.172,
				  496.176,
				  496.182,
				  496.430,
				  496.435,
				  496.445,
				  496.450,
				  496.455
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0503 - Native Fish Conservation Policy Goals

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  496.012 &
				  496.138
Stats. Implemented: ORS
				  496.171,
				  496.172,
				  496.176,
				  496.182,
				  496.430,
				  496.435,
				  496.445,
				  496.450,
				  496.455
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0504 - Key Elements of Native Fish Conservation Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0505 - Implementing the Native Fish Conservation Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Conservation Plans: The Native Fish
			 Conservation Policy shall be implemented primarily through conservation plans
			 developed for individual species management units and adopted by the
			 Commission. Conservation plans shall illustrate a range of options for recovery
			 strategies, fisheries and the responsible use of hatchery produced fish and may
			 include subbasin plans, NOAA Fisheries recovery plans, and other plans that
			 address the elements contained in subsections (5), (6), (7), and (8) of this
			 rule.
(2) Conservation plans shall
			 be based on the concept that locally adapted populations provide the best
			 foundation for maintaining and restoring sustainable naturally produced native
			 fish.
(3) Planning and
			 implementation shall proceed incrementally, consistent with available funding,
			 according to priorities established by the Department with collaboration and
			 input from affected tribal governments, management partners, and the public.
			 The Department shall place highest priority on developing conservation plans
			 for species management units having one or more of the following
			 characteristics:
(a) Contain fish that are
			 listed under the federal or state Endangered Species Act or as a state
			 sensitive species or contain naturally produced native fish populations that
			 demonstrate continued decline or extirpation from a significant portion of
			 their range;
(b) Contain new
			 hatchery programs or existing hatchery programs that need substantial
			 change;
(c) Have high public
			 interest or economic or other impact on the local community; or
(d) Where the Departmental resources
			 available for the planning and implementation efforts will likely lead to a
			 significant increase in naturally produced native fish.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0506 - Education and Training

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  496.012 &
				  496.138
Stats. Implemented: ORS
				  496.171,
				  496.172,
				  496.176,
				  496.182,
				  496.430,
				  496.435,
				  496.445,
				  496.450,
				  496.455
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0507 - Interim Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  496.012 and
				  496.138
Stats. Implemented: ORS
				  496.171,
				  496.172,
				  496.176,
				  496.182,
				  496.430,
				  496.435,
				  496.445,
				  496.450, and
				  496.455
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0509 - Implementation of Interim Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  496.012,
				  496.138
Stats. Implemented: ORS
				  496.171,
				  496.172,
				  496.176,
				  496.182,
				  496.430,
				  496.435,
				  496.445,
				  496.450,
				  496.455
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0530 - Sale of Salmon and Trout and Their Eggs

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0535 - Releasing Resident Fish in Private Waters

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  496.138,
				  496.162,
				  497.252,
				  498.022 &
				  506.700 -
				  508.740
Stats. Implemented: ORS
				  496.138,
				  496.162,
				  497.252,
				  498.022 &
				  506.700 -
				  .740
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0542 - Purpose of the Hatchery Management Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  496.012,
				  496.138
Stats. Implemented: ORS
				  496.171,
				  496.172,
				  496.176,
				  496.182,
				  496.430,
				  496.435,
				  496.445,
				  496.450,
				  496.455
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0543 - Hatchery Management Policy Goals

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  496.012,
				  496.138
Stats. Implemented: ORS
				  496.171,
				  496.172,
				  496.176,
				  496.182,
				  496.430,
				  496.435,
				  496.445,
				  496.450,
				  496.455
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0544 - Operating Principles for Hatchery Management

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0545 - Hatchery Program Management Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall develop hatchery
			 program management plans for all hatchery programs. Clear management objectives
			 that describe the role and expectations for hatchery programs relative to
			 species conservation, watershed health and fisheries shall be the foundation
			 for all hatchery program management plans. A hatchery program management plan
			 may be a Hatchery and Genetic Management Plan, a Lower Snake River Compensation
			 Plan annual operating plan, an aspect of a conservation plan developed under
			 the Native Fish Conservation Policy (OAR
			 635-007-0502 through -0506) or
			 similar document which describes the program's objectives, fish culture
			 operations, facilities operations, and monitoring and evaluation, as more fully
			 detailed in subsections (2) through (24) of this rule.
Planning and Coordination of Hatchery
				Programs.
(2) When
			 developing hatchery program management plans, the Department shall use the most
			 up to date and reliable scientific information and seek the input and
			 involvement of appropriate tribal, state and federal management partners,
			 university programs and the public.
(3) The Native Fish Conservation Policy (OAR
			 635-007-0502 through -0506)
			 provides the primary process for planning and coordinating hatchery programs,
			 but these programs shall also be coordinated with obligations arising in other
			 forums (e.g., U.S. v. Oregon, Lower Snake River Compensation Plan, Pacific
			 Salmon Treaty) to avoid inconsistency and duplication.
(4) Coordination objectives include:
(a) Efficient use of resources (including
			 sharing of facilities, staff, equipment and supplies);
(b) improved communication among managing
			 entities to share information and experience, jointly resolve issues, and
			 promote common objectives pursued at local and regional scales.