Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 40 - HATCHERIES - PRIVATE › Section 635-040-0030 - Alternation or Termination of Permits

Current through Register Vol. 63, No. 7, July 1, 2024
This rule describes certain circumstances in which the
				Commission may alter or terminate a permit. This rule also describes the
				consequences of: failure to comply with statute, regulations, any term or
				condition of a permit; or any unauthorized change in operation; or the removal
				of facilities:
(1) If the Commission
			 finds that a private hatchery operation is not in the best public interest, it
			 shall alter the conditions of the permit to mitigate such adverse effects or
			 may terminate the permit. Proceedings to cause such alteration or termination
			 shall be conducted in accordance with ORS
			 183.310 to
			 183.550. In addition, if the
			 Commission finds the operation has caused deterioration of the natural run of
			 anadromous fish or any population of resident game fish in the waters covered
			 by the permit, it may require the permittee to return the fish populations to
			 the same condition that existed prior to issuance of the permit. If the
			 permittee fails to take appropriate action, the Commission shall take such
			 action and the permittee shall bear any cost incurred by the
			 Commission.
(2) Failure to comply
			 with statute, these regulations, or any term or condition of a permit; or
			 making any unauthorized change in the operation; or removal of facilities shall
			 be grounds for the Department to require changes in operating methods or for
			 the Department to alter the terms of a permit or to terminate a permit. In the
			 event that any such action becomes necessary, the Department shall so notify
			 the permittee by registered or certified mail of its intent to require changes
			 in operating methods or to alter or terminate the permit. Notification shall
			 include the proposed action and the reasons for the proposed action. Such
			 action shall become effective 30 days from the date of mailing such notice
			 unless within that time the permittee request a hearing before the Commission.
			 A request for a hearing shall be made in writing to the Director and shall
			 state the grounds for the request. Any hearing held shall be in accordance with
			 ORS Chapter 183.
(3) Abandonment of
			 a permit shall be grounds for termination of a permit. A permittee shall be
			 presumed to have voluntarily abandoned a permit where no fish releases have
			 occurred at the private hatchery for a period of five years. In the event that
			 termination based on abandonment becomes necessary, the Department shall notify
			 thepermittee by registered or certified mail of its intent to terminate the
			 permit. Such termination shall become effective 30 days from the date of
			 mailing such notice unless within that time the permittee requests a hearing
			 before the Commission or the mailed notice is not accepted. In the latter
			 situation, the Department shall cause notice to be published in a newspaper of
			 general circulation in the location of the permitted site once a week for a
			 period of four weeks, advising permittee of its intent to terminate the permit
			 and of permittee's right to request a hearing. Such termination shall, in that
			 case, become effective at the close of the four-week publication period. A
			 request for a hearing shall be made in writing to the Director and shall state
			 the grounds for the request. Any hearing held shall be in accordance with ORS
			 Chapter 183.
Stat. Auth.: ORS Ch. 496, 506 & 508
Stats. Implemented: ORS Ch. 496, 506 & 508