reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 23 - COLUMBIA RIVER ZONE AND SNAKE RIVER ZONE SPORT ANGLING REGULATIONS › Section 635-023-0129 - Thermal Angling Sanctuaries

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule establishes thermal angling sanctuaries where all angling is
			 prohibited from July 15 through September 15 to provide an additional
			 protective measure for upriver summer steelhead. The sanctuaries affect the
			 lower reaches of Eagle Creek, Herman Creek, and the Deschutes River (Central
			 Zone), and adjacent areas of the mainstem Columbia River (Columbia River Zone)
			 as described below:
(a) Eagle Creek. That
			 portion of Eagle Creek (Central Zone) from the angling deadline in Eagle Creek
			 (200 feet downstream of hatchery fishway entrance) downstream to the mouth at
			 the mainline railroad bridge.
(b)
			 Eagle Creek mouth: That portion of the mainstem Columbia River (Columbia River
			 Zone) adjacent to the mouth of Eagle Creek from the mainline railroad bridge
			 northwest to a line projecting from a marker on the Oregon shore approximately
			 200 feet downstream of Eagle Creek, through red navigation buoy #4, and
			 terminating at a marker on the Oregon shore approximately 325 feet upstream of
			 Eagle Creek.
(c) Herman Creek: That
			 portion of Herman Creek (Columbia Zone) from the mainline railroad bridge
			 downstream to markers at mouth.
(d)
			 Herman Creek Lagoon: That portion of the mainstem Columbia River (Columbia
			 River Zone) adjacent to the mouth of Herman Creek commonly referred to as
			 Herman Creek Lagoon east of a line from the northwest tip of the jetty, south
			 to a marker on the Oregon shore.
(e) Deschutes River: The lower Deschutes
			 River (Central Zone) from markers at the lower end of Moody Rapids downstream
			 to the mouth at the Interstate 84 Bridge.
(f) Deschutes River mouth: That portion of
			 the mainstem Columbia River (Columbia River Zone) adjacent to the mouth of the
			 Deschutes River from the Interstate 84 Bridge north to a line projecting from
			 the flashing red navigation marker #2 located approximately 1.5 miles
			 downstream of the Deschutes River mouth on the Oregon shore, upstream to the
			 red navigation marker #4, then to the lower South Channel Range "B" marker
			 located on the Oregon shore approximately 0.7 mile upstream of the Deschutes
			 River mouth.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 23 - COLUMBIA RIVER ZONE AND SNAKE RIVER ZONE SPORT ANGLING REGULATIONS › Section 635-023-0130 - Fall Sport Fishery

Current through Register Vol. 63, No. 7, July 1, 2024
The current annual
Oregon Sport Fishing
				Regulations
provide requirements for the Columbia River Zone. However,
				additional regulations may be adopted in this rule division from time to time,
				and, to the extent of any inconsistency, they supersede the current annual
Oregon Sport Fishing Regulations
.
Tables referenced are not included in rule text.
Click here for PDF copy of
				  table(s)
.
Statutory/Other Authority: ORS
				  496.138 & ORS
				  496.146
Statutes/Other Implemented: ORS
				  496.162
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 23 - COLUMBIA RIVER ZONE AND SNAKE RIVER ZONE SPORT ANGLING REGULATIONS › Section 635-023-0134

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  496.138 & ORS
				  496.146
Statutes/Other Implemented: ORS
				  496.162
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 23 - COLUMBIA RIVER ZONE AND SNAKE RIVER ZONE SPORT ANGLING REGULATIONS › Section 635-023-0140 - Youngs Bay Control Zone

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 current annual
Oregon Sport Fishing Regulations
provide
			 requirements for the Columbia River Zone. However, additional regulations may
			 be adopted in this rule division from time to time, and, to the extent of any
			 inconsistency, they supersede the current annual
Oregon Sport Fishing
			 Regulations
.
(2) The Youngs
			 Bay Control Zone is closed to recreational angling from August 1 through
			 September 15.
(a) The Youngs Bay Control Zone
			 is defined as those waters southerly of a line originating on the Oregon shore
			 at the east end of the seawall at the Warrenton Fiber log yard (approximately
			 river mile 10.1) northeasterly through green navigation buoys 29, 31, 33, and
			 35A to the center of the Astoria-Megler Bridge abutment adjacent to, and north
			 of the ship channel, and continuing southerly in line with the center of the
			 Megler Bridge span to the Oregon shore.
(b) The Youngs Bay Control Zone includes all
			 waters from the line defined in section (2)(a) above south to the Highway 101
			 Bridge.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 24 - SNAKE RIVER ZONE SPORT ANGLING REGULATIONS › Section 635-024-0080 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 Division 024 is to provide for management of sport fisheries in the Snake River
			 Zone over which the State has jurisdiction.
(2) Division 023 incorporates by reference
			 the current annual
Oregon Sport Fishing Regulations
. Therefore,
			 persons must consult the current annual
Oregon Sport Fishing
			 Regulations
in addition to Division 011 and Division 024 to determine
			 all applicable sport fishing requirements for the Snake River Zone.
Statutory/Other Authority: ORS
				  496.138 & ORS
				  496.146
Statutes/Other Implemented: ORS
				  496.162
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 24 - SNAKE RIVER ZONE SPORT ANGLING REGULATIONS › Section 635-024-0090 - Inclusions and Modifications

Current through Register Vol. 63, No. 7, July 1, 2024
The current annual
Oregon Sport Fishing
				Regulations
provide requirements for the Snake River Zone. However,
				additional regulations may be adopted in this rule division from time to time,
				and, to the extent of any inconsistency, they supersede the current annual
Oregon Sport Fishing Regulations
.
Statutory/Other Authority: ORS
				  496.138 & ORS
				  496.146
Statutes/Other Implemented: ORS
				  496.162
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 39 - MARINE ZONE FISH, SHELLFISH AND MARINE INVERTEBRATES SPORT REGULATIONS › Section 635-039-0080 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 Division 039 is to provide for management of sport fisheries for marine fish,
			 shellfish, and marine invertebrates in the Pacific Ocean, coastal bays, and
			 beaches over which the State has jurisdiction.
(2) Division 039 incorporates into Oregon
			 Administrative Rules, by reference:
(a) The
			 sport fishing regulations of the State, included in the current annual
Oregon Sport Fishing Regulations
;
(b)
Title 50 of the Code of Federal
			 Regulations, Part 300, Subpart E
(October 1, 2023 ed.), as amended;
			 and
(c)
Title 50 of the Code
			 of Federal Regulations, Part 660, Subpart G
(October 1, 2023 ed.), as
			 amended.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 39 - MARINE ZONE FISH, SHELLFISH AND MARINE INVERTEBRATES SPORT REGULATIONS › Section 635-039-0085 - Halibut Seasons

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Pacific halibut sport fishery in
			 Oregon is regulated by the federal government and the International Pacific
			 Halibut Commission (IPHC). OAR Chapter 635, Division 039 incorporates into
			 Oregon Administrative Rules, by reference:
(a) Title 50 of the Code of Federal
			 Regulations, Part 300, Subpart E (October 1, 2023 ed.), as amended;
(b) Federal Register Vol. 89, No. 53, dated
			 Monday, March 18, 2024; and
(c)
			 Federal Register Vol. 89, No. 65, dated Wednesday, April 3, 2024.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 39 - MARINE ZONE FISH, SHELLFISH AND MARINE INVERTEBRATES SPORT REGULATIONS › Section 635-039-0085 - Halibut Seasons

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Pacific
			 halibut sport fishery in Oregon is regulated by the federal government and the
			 International Pacific Halibut Commission (IPHC). OAR Chapter 635, Division 039
			 incorporates into Oregon Administrative Rules, by reference:
(a) Title 50 of the Code of Federal
			 Regulations, Part 300, Subpart E (October 1, 2023 ed.), as amended;
(b) Federal Register Vol. 89, No. 53, dated
			 Monday, March 18, 2024; and
(c)
			 Federal Register Vol. 89, No. 65, dated Wednesday, April 3, 2024.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 39 - MARINE ZONE FISH, SHELLFISH AND MARINE INVERTEBRATES SPORT REGULATIONS › Section 635-039-0090 - Inclusions and Modifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The current annual
Oregon Sport Fishing Regulations
provide
			 requirements for sport fisheries for marine fish, shellfish, and marine
			 invertebrates in the Pacific Ocean, coastal bays, and beaches, commonly
			 referred to as the Marine Zone. However, additional regulations may be adopted
			 in this rule division from time to time and to the extent of any inconsistency,
			 they supersede the current annual
Oregon Sport Fishing
			 Regulations
.
(2) For the
			 purposes of this rule, a "sport harvest guideline" is defined as a specified
			 numerical harvest objective that is not a quota. Attainment of a harvest
			 guideline does not automatically close a fishery. Upon attainment of a sport
			 harvest guideline, the Department shall initiate consultation to determine if
			 additional regulatory actions are necessary to achieve management objectives.
			 The following sport harvest guidelines include the combined landings and other
			 fishery related mortality by the Oregon sport fishery in a single calendar
			 year:
(a) Black rockfish, 389.1 metric
			 tons;
(b) Blue rockfish and deacon
			 rockfish combined: 66.7 metric tons;
(c) Other Nearshore Rockfish combined: 15.2
			 metric tons;
(d) Cabezon, 17.6
			 metric tons; and
(e) Greenling,
			 32.6 metric tons.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 39 - MARINE ZONE FISH, SHELLFISH AND MARINE INVERTEBRATES SPORT REGULATIONS › Section 635-039-0095 - Inclusions and Modifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The
2018 Oregon Sport Fishing Regulations
provide requirements for
			 sport fisheries for marine fish, shellfish, and marine invertebrates in the
			 Pacific Ocean, coastal bays, and beaches, commonly referred to as the Marine
			 Zone. However, additional regulations may be adopted in this rule division from
			 time to time and to the extent of any inconsistency, they supersede the
2018 Oregon Sport Fishing Regulations
.
(2) For the purposes of this rule, a "sport
			 harvest guideline" is defined as a specified numerical harvest objective that
			 is not a quota. Attainment of a harvest guideline does not automatically close
			 a fishery. Upon attainment of a sport harvest guideline, the Department shall
			 initiate consultation to determine if additional regulatory actions are
			 necessary to achieve management objectives. The following sport harvest
			 guidelines include the combined landings and other fishery related mortality by
			 the Oregon sport fishery in a single calendar year:
(a) Black rockfish, 395.2 metric tons.
(b) Cabezon, 16.8 metric tons.
(c) Blue rockfish, deacon
			 rockfish, and other nearshore rockfish combined, 32.8 metric tons.
(d) Greenling, 47.9 metric tons.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 40 - HATCHERIES - PRIVATE › Section 635-040-0000 - Definitions and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This rule describes the definitions to be used by the Oregon
				Fish and Wildlife Commission and the Oregon Department of Fish and Wildlife in
				interpreting the statutes and the rules, and provides a description of the
				purpose of the rules:
(1) Definitions
			 in OAR 635-007-0501 and the following
			 definitions apply to this Division:
(a)
			 "Annual production program limit" means the numberof fish annually authorized
			 by the Department to be released;
(b) "Naturally adapted stocks" means stocks
			 which have adapted to the local environment such that they are capable of
			 reproducing and surviving under local conditions;
(c) "Principal" means any person or entity
			 owning five percent or more of a company; general partners, president,
			 vice-president, chief executive officer and directors;
(d) "Private salmon hatchery" means the
			 location from which anadromous fish may be released for migration to the ocean
			 and at which returning adult salmon are captured for processing or retention as
			 brood stock. Such location, also known as the "release/recapture site", shall
			 be designated in the private salmon hatchery permit;
(e) "Release limits" means the maximum number
			 of fish authorized to be released annually. This number, specified in a permit
			 or in writing by the Department, does not entitle permittee to make annual
			 releases of this number but rather functions as a ceiling on the number allowed
			 to be released in the annual production program.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 40 - HATCHERIES - PRIVATE › Section 635-040-0001 - Private Salmon Hatchery Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission recognizes the intent of
			 the Legislature (ORS 508.700 through
			 508.745) to permit the
			 establishment and operation of private salmon hatcheries. Oregon law provides
			 that the role of private hatcheries is to optimize the long-term contribution
			 to Oregon's salmon resource under regulations which shall prevent the
			 deterioration of any natural run of anadromous fish or populations of resident
			 fish.
(2) These rules are not
			 intended to prevent or eliminate any currently active permitted operation.
			 Where a proposed operation has met the statutory criteria and been issued a
			 permit, the Commission intends that the private salmon hatchery be operated in
			 a manner consistent with Oregon law.
(3) Private salmon hatcheries shall use or
			 develop stocks that are, to the fullest extent possible, compatible with
			 naturally adapted stocks in accordance with OAR 635-007-0521 through
			 635-007-0529 and fish management plans of the Department, and as they may be
			 amended.
(4) Private salmon
			 hatcheries shall be limited in numbers of fish permitted to be released, based
			 on:
(a) The technical and financial
			 capabilities of the permittee;
(b)
			 The Department's evaluation of the permittee's proposed program; and
(c) The consistency of the proposed program
			 with the goals and guidelines of the Land Conservation and Development
			 Commission and fish management plans of the Department.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 40 - HATCHERIES - PRIVATE › Section 635-040-0007 - Moratorium on Private Salmon Hatchery Permits and Revisions to Permits

Current through Register Vol. 63, No. 7, July 1, 2024
This section describes the moratorium which currently exists
				for new permits for private salmon hatcheries, as well as for revisions to
				existing permits which increase release limits specified in those permits or
				otherwise specified by the Department:
(1) No applications for private coho,
			 chinook, or chum salmon hatchery permits shall be accepted, nor shall any
			 permits be issued, through December 31, 1995, by which time this rule shall be
			 reviewed by the Commission to determine if the moratorium should be continued.
			 In addition, no revisions shall be made through December 31, 1995, to increase
			 limits specified in existing permits or specified by the Department subsequent
			 to issuance of the permit.
(2)
			 Existing permits may be transferred pursuant to OAR
			 635-040-0025.
Stat. Auth.: ORS Ch. 496, 506 & 508
Stats. Implemented: ORS Ch. 496, 506 & 508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 40 - HATCHERIES - PRIVATE › Section 635-040-0009 - Application Requirements and Hearing Procedures for New Permits to Construct and Operate Private Salmon Hatcheries

Current through Register Vol. 63, No. 7, July 1, 2024
This rule describes the information which shall be contained in
				permit applications, as well as the process which the Department shall use in
				processing applications:
(1)
			 Applications for new private salmon hatchery permits shall be processed in
			 accordance with the Attorney General's Model Rules of Procedure adopted by the
			 Department as OAR 635-001-0005, and as these rules
			 may be subsequently revised.
(2)
			 The hearing on the proposed issuance of a new private salmon hatchery permit
			 shall be conducted as a contested case hearing. However, the Commission or
			 hearings officer may allow members of the public to testify at the
			 hearing.
(3) Applications for new
			 private salmon hatchery permits shall contain the following information, at a
			 minimum:
(a) Name of applicant(s);
(b) Address and telephone number;
(c) Name, address and telephone number of the
			 person designated by applicant to receive service of documents during the
			 course of the proceedings;
(d) A
			 description of the location of the operation;
(e) A clear and concise statement of the
			 operation proposed by applicant;
(f) A clear and concise statement of why the
			 applicant believes that none of the grounds for denial of a permit set forth in
			 ORS 508.710 are relevant to the
			 application;
(g) An assessment of
			 the impact of the proposed operation on natural runs of anadromous fish,
			 including potential competition problems; and
(h) An assessment of the economic benefit to
			 the State of Oregon of the proposed operation.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 40 - HATCHERIES - PRIVATE › Section 635-040-0012 - Release Limits

Current through Register Vol. 63, No. 7, July 1, 2024
Each permit shall specify release limits. If limits were not
				specified in permits already issued, the Department has specified, in writing,
				applicable release limits for those permits, and any transferee is bound by
				those specified limits.
Stat. Auth.: ORS Ch. 496, 506 & 508
Stats. Implemented: ORS Ch. 496, 506 & 508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 40 - HATCHERIES - PRIVATE › Section 635-040-0015 - Purchase of Salmon Eggs from the Department

Current through Register Vol. 63, No. 7, July 1, 2024
This section describes salmon eggs, fry or fingerlings which
				may be made available by the state to private hatchery permittees, as well as
				the Department's priority list for purchase of eggs, fry and
				fingerlings:
(1) Chinook, chum, or
			 coho (silver) salmon eggs, fry or fingerlings which are surplus to the needs of
			 the state and the STEP program may be made available for sale to private salmon
			 hatchery permittees through state fish culture facilities, based on the
			 criteria set forth in OAR 635-007-0825.
(2) Upon written request, a permittee shall
			 be placed on a list, in order of priority based on OAR 635-007-0830, to
			 purchase salmon eggs, fry and fingerlings. Salmon eggs, fry, or fingerlings
			 shall be made available for purchase based on the priority set forth in OAR
			 635-007-0830.
(3) Refusal to pick
			 up eggs when offered shall result in a permittee being moved to the bottom of
			 the priority list, and behind other private salmon hatchery
			 permittees.
(4) In determining a
			 reasonable fee for salmon eggs as provided in ORS
			 508.730, the Department shall
			 consider all costs in providing such eggs and the market value of viable salmon
			 eggs and carcasses. Payment in full at the time of order shall be required if
			 fish shall be held for maturation for a period longer than 30 days.
Stat. Auth.: ORS Ch. 506 & 508
Stats. Implemented: ORS Ch. 506 & 508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 40 - HATCHERIES - PRIVATE › Section 635-040-0018 - Use of Wild Salmon for Private Salmon Hatchery Seed Stock

Current through Register Vol. 63, No. 7, July 1, 2024
This section describes the prohibition on the taking of wild
				chinook or coho as seed stock by private salmon hatchery permittees, as well as
				the circumstances in which wild chum salmon seed stock may be authorized to be
				taken by private hatchery permittees:
(1) Wild chinook or coho shall not be taken
			 as a source of seed stock by a private salmon hatchery permittee. Wild chinook,
			 coho, or chum may be taken by the Department to establish a seed stock at any
			 hatchery, whether public or private, provided that sufficient fish are returned
			 to the donor stream to compensate fully for native smolts which might have
			 resulted from eggs removed from the donor stock in accordance with ORS
			 496.455.
(2) Upon request, the Department may
			 authorize a private salmon hatchery permittee to take wild chum salmon as a
			 source of initial seed stock. The Department shall approve such request only if
			 the quantity of chum salmon to be removed from a stream shall not adversely
			 affect natural chum salmon production in such stream and the requirements of
			 ORS 496.455 are met. The terms and
			 conditions under which such native chum salmon may be taken from a stream and
			 the fee to be charged for such chum shall be included in and made a part of the
			 permit granted by the Commission pursuant to ORS
			 508.700 through
			 508.745.
(3) Salmon eggs may also be collected by the
			 Department and provided to a permittee in accordance with ORS
			 496.455 to meet specific
			 Department management objectives.
Stat. Auth.: ORS Ch. 496, 506 & 508
Stats. Implemented: ORS Ch. 496, 506 & 508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 40 - HATCHERIES - PRIVATE › Section 635-040-0020 - Areas Closed to Private Salmon Hatchery Release and Recapture Sites

Current through Register Vol. 63, No. 7, July 1, 2024
This rule describes the streams and locations which are closed
				for siting of private salmon hatcheries facilities:
(1) No permits shall be issued for any
			 private salmon hatchery to be located above the head of tidewater, except sites
			 may be located a short distance above the mouth of small direct tributaries to
			 the ocean. Sites shall not be located in the freshwater portion (above
			 tidewater) of any stream which has the potential for natural production of
			 significant numbers of anadromous fish.
(2) The following streams, their tributaries
			 and included tidal reaches are closed to siting of private salmon hatcheries:
(a) Major streams:
(A) Columbia:
(i) Columbia system above Tongue
			 Point;
(ii) Youngs River including
			 Klaskanine River above Battle Creek Slough;
(iii) Lewis and Clark River above Johnson
			 Slough;
(iv) Skipanon River above
			 Taylor Lake outlet.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 40 - HATCHERIES - PRIVATE › Section 635-040-0022 - Annual Production Program Review

Current through Register Vol. 63, No. 7, July 1, 2024
This rule describes the requirement of an annual general plan
				for fish releases, and the criteria by which the Department shall review and
				approve or disapprove the plan. This rule also describes the requirement of an
				annual detailed salmon production program:
(1) An annual general plan for fish proposed
			 to be release during the calendar year showing species, stock and numbers of
			 each shall be submitted to the Department prior to collection of broodstock, or
			 by July 20 of the preceding year, whichever is the earlier date. The Department
			 shall review and approve or disapprove the plan in accordance with the criteria
			 set forth in OAR 635-007-0810 et seq. In the event that the Department
			 disapproves the plan, the Department and the permittee shall consult on changes
			 to be made to the plan in order to satisfy the Department that the criteria
			 have been met, based on consideration of the financial and technical capability
			 of the permittee and on estimated biological impacts of such
			 releases.
(2) A detailed salmon
			 production program, including proposed fin marking and release size and time,
			 shall be submitted to the Department in January of each year, to be applicable
			 to that year. The Department shall review and approve or disapprove the program
			 in accordance with the criteria set forth in OAR 635-007-0810 et seq. In the
			 event that the Department disapproves the program, the Department and the
			 permittee shall consult on changes to be made to the program in order to
			 satisfy the Department that the criteria have been met.
Stat. Auth.: ORS Ch. 496, 506 & 508
Stats. Implemented: ORS Ch. 496, 506 & 508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 40 - HATCHERIES - PRIVATE › Section 635-040-0025 - Changes in Operation or Ownership

Current through Register Vol. 63, No. 7, July 1, 2024
This rule describes the requirements for notification and/or
				requests for approval for changes in operation or ownership of a private salmon
				hatchery. This rule provides that while all of the decisions shall normally be
				made in the first instance by the Department, a permittee may request review of
				the Department's decision by the Commission and, in addition, the Commission
				may choose to consider a request for a change in the first instance:
(1) Permittees shall advise the Department in
			 writing within two weeks of any change in address. In addition, in the event of
			 a change in any of the following persons or entities the Department shall be
			 notified in writing within two weeks and provided with names and addresses:
(a) Principals of the permittee, operating
			 company, parent company or any other entity active in operations of the
			 permittee under the permit;
(b) The
			 individual(s) designated by the permittee as the contact person for the
			 Department.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 40 - HATCHERIES - PRIVATE › Section 635-040-0101 - Marking Requirements and Stray Rates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies to private salmon
			 hatcheries that release coho or chinook salmon. The following terms are used in
			 this rule:
(a) "Mark" means a removed fin
			 and/or characteristic scale pattern; in some cases, a coded-wire tag imbedded
			 in the fish in addition to a removed adipose fin; or some other less stressful
			 method of marking approved by the Department for the purpose of identifying the
			 origin of the fish;
(b) "Critical
			 Stray Prevalence" means the percentage of the total number of naturally
			 spawning fish that may originate from a private salmon hatchery.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 40 - HATCHERIES - PRIVATE › Section 635-040-0107 - Hatchery Operational Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The hatchery operational plans listed in section (2) of this rule have been
			 adopted by the Oregon Fish and Wildlife Commission on the dates specified and
			 are incorporated here by reference. Copies are available from the office of the
			 Oregon Department of Fish and Wildlife.
(2) The hatchery operational plans referenced
			 in section (1) of this rule are for the following:
(a) Anadromous, Inc., adopted January 19,
			 1990, as amended on April 17, 1991, by the Commission;
(b) Oregon Pacific Salmon Ranch adopted
			 September 19, 1990;
(c) OreAqua,
			 Inc., adopted March 6, 1991.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 40 - HATCHERIES - PRIVATE › Section 635-040-0200 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of OAR Chapter 635, Divisions 007 and
				040:
(1) "Net Pens" means facilities
			 constructed of floats and nets for the purpose of holding fish for propagation
			 in open water areas of waterways.
(2) "Cage-Culture" means the use of enclosed
			 containers suspended in the water column for the purpose of containing fish for
			 propagation.
Stat. Auth.: ORS Ch. 496, 506 & 508
Stats. Implemented: ORS Ch. 496, 506 & 508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 40 - HATCHERIES - PRIVATE › Section 635-040-0202 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to:
(1) Provide for the orderly development of
			 fish production in suitable areas of waterways and in quantities acceptable for
			 those areas.
(2) Recognize that
			 limited suitability of Oregon's small, shallow estuaries for extensive net pen
			 culture or cage culture will prevent extensive production with net
			 pens.
Stat. Auth.: ORS Ch. 496, 506 & 508
Stats. Implemented: ORS Ch. 496, 506 & 508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 40 - HATCHERIES - PRIVATE › Section 635-040-0205 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
It is the policy of the Oregon Fish and Wildlife Commission to
				provide for the development of fish production in net pens where such
				operations meet the standards set by the Department of Fish and Wildlife for
				fish propagation and fish transfer; by the Department of Environmental Quality
				for waste discharge; and by the Division of State Lands for siting and use of
				surface area and installation of facilities.
Stat. Auth.: ORS Ch. 496, 506 & 508
Stats. Implemented: ORS Ch. 496, 506 & 508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 40 - HATCHERIES - PRIVATE › Section 635-040-0210 - Areas of Department Concern

Current through Register Vol. 63, No. 7, July 1, 2024
The Department of Fish and Wildlife may comment on applications
				for net pen facilities to other state, county, and federal agencies. In
				determining whether to grant permits and in commenting on permit applications
				to other state, county, and federal agencies, the Department shall consider,
				but not be limited to:
(1) Protection
			 of natural fish production in surrounding waters and nearby submerged
			 areas.
(2) Continued availability
			 of recreational areas of state waters for public use.
(3) Compatibility with state and local land
			 use plans and documented in accordance with OAR
			 635-040-0009(4)(d).
(4) Control of fish introduction, fish health
			 and general operations through the fish propagation license, fish transport
			 permits and other applicable regulations.
Stat. Auth.: ORS Ch. 496, 506 & 508
Stats. Implemented: ORS Ch. 496, 506 & 508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 41 - COLUMBIA RIVER SYSTEM TREATY INDIAN FISHERIES › Section 635-041-0005 - Applicability of Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 right to fish in accordance with OAR
			 635-041-0005 through
			 635-041-0085 is restricted to those individuals possessing Indian treaty
			 fishing rights pursuant to the Yakima Treaty (12 Stat. 951), the Warm Springs
			 Treaty (12 Stat. 963), the Umatilla Treaty (12 Stat. 945), or the Nez Perce
			 Treaty (12 Stat. 957).
(2) The
			 fishing activities authorized by the aforementioned treaties for the Columbia
			 River and its tributaries above Bonneville Dam are hereinafter referred to as
			 the Treaty Indian Fishery.
(3)
			 Nothing in these regulations shall prevent any individual having Indian treaty
			 fishing rights from participating equally with other citizens in any other
			 commercial fishery in Oregon so long as such individual complies with the
			 commercial fishing laws and rules of the Commission applicable to such
			 fishery.
(4) The taking of fish
			 from the Columbia River or its tributaries above Bonneville Dam for commercial
			 purposes is prohibited except by the persons, during the times, with the
			 fishing gear, and in the areas specified in OAR
			 635-041-0005 through
			 635-041-0085.
(5) It is
unlawful
for any individual to take fish pursuant to the
			 authority of any of the aforementioned treaties and OAR
			 635-041-0005 through
			 635-041-0085 unless that person has in possession a valid identification card
			 issued by the tribal registrar showing the person to be a duly enrolled member
			 of the Nez Perce, Umatilla, Warm Springs, or Yakama tribes who can lawfully
			 exercise treaty fishing rights. Upon request, such card shall be presented to
			 any federal, state, or tribal officer.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  183.325 &
				  506.119
Stats. Implemented: ORS
				  506.129 &
				  507.030
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 41 - COLUMBIA RIVER SYSTEM TREATY INDIAN FISHERIES › Section 635-041-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions provided in the commercial
				fishing laws and other rules of the Department, the following definitions shall
				apply to the Treaty Indian Fishery:
(1) "Commission" means the Oregon Fish and
			 Wildlife Commission.
(2)
			 "Department" means the Oregon Department of Fish and Wildlife.
(3) "Director" means the Director of the
			 Oregon Department of Fish and Wildlife.
(4) "Fishway" means any structure or facility
			 made to facilitate or provide passage for fish over a natural or artificial
			 barrier or obstruction.
(5)
			 "Subsistence fishing" means taking fish for Indians' personal use, including
			 the sale or exchange with other treaty Indians, but not sale or trade with
			 non-Indians.
Stat. Auth.: ORS
				  183.325 &
				  506.119
Stats. Implemented: ORS
				  506.129 &
				  507.030
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 41 - COLUMBIA RIVER SYSTEM TREATY INDIAN FISHERIES › Section 635-041-0015 - Subsistence Fishing Authorized

Current through Register Vol. 63, No. 7, July 1, 2024
Subject to the closed area restric?tions specified in OAR
				635-041-0020, and to the gear
				restrictions specified in
				635-041-0025, sub?sistence
				fishing is permitted the year round in the main Columbia River and its Oregon
				tributaries above Bonneville Dam.
Stat. Auth.: ORS
				  183.325 &
				  506.119
Stats. Implemented: ORS
				  506.129 &
				  507.030
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 41 - COLUMBIA RIVER SYSTEM TREATY INDIAN FISHERIES › Section 635-041-0020 - Areas Closed to Subsistence Fishing

Current through Register Vol. 63, No. 7, July 1, 2024
It is
unlawful
to engage in subsistence
				fishing at any time in:
(1) Those
			 waters of the main stem Columbia River near Bonneville Dam westerly and
			 downstream of a line from Light "4" on the Oregon shore, located approximately
			 200 yards upstream of the mouth of Eagle Creek, thence northerly to Light "5"
			 located on Boat Rock in midriver, thence perpendicular to the thread of the
			 river to a marker on the Washington shore.
(2) Those waters of the main stem Columbia
			 River near The Dalles Dam easterly and upstream from a line at marker on
			 Covington Point on the Oregon shore, thence in a westerly direction to a marker
			 on the Washington shore beneath the Interstate Bridge to a point 200 feet above
			 The Dalles Dam. Subsistence fishing for salmon and steelhead is allowed within
			 this closed area except:
(a) Within 600 feet
			 of fishway entrances,
(b) Within
			 600 feet of the mouth of Fifteenmile Creek from November 16 through June 15,
			 and
(c) Within 200 feet above The
			 Dalles Dam.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 41 - COLUMBIA RIVER SYSTEM TREATY INDIAN FISHERIES › Section 635-041-0025 - Subsistence Fishing Gear

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
			 lawful at all times to take fish for subsistence purposes by dip net or bag net
			 of a mesh size not exceeding five inches attached to a hoop 26 feet or less in
			 circumference, or by spear, gaff, club, or fouling-hook. All such fishing gear
			 must be tended at all times. The owner's tribal affiliation and enrollment
			 number must be either placed on the upper side of the hoop, or on a tag
			 attached to the hoop, pole, or cable.
(2) It is lawful to use angling gear as
			 defined by the Oregon Wildlife Laws and regulations of the Department.
(3) It is
unlawful
to use gill nets, set nets, hoop nets, setlines, or
			 dip nets or bag nets of a mesh size exceeding five inches, or any other type of
			 fishing gear not otherwise specifically authorized in section (1) of this rule,
			 except during the times and in the areas where such gear is authorized for
			 commercial fishing.
(a) For hoop nets, dip
			 nets, and bag nets, the owner's tribal affiliation and enrollment number must
			 be either placed on the upper side of the hoop, or on a tag attached to the
			 hoop, pole, or cable.
(b) For set
			 nets, drift nets, or setlines, the owner's tribal affiliation and enrollment
			 number must be placed upon or adjacent to the end corks of set nets and drift
			 nets, on the anchored ends of setlines and submerged nets, and on the anchor
			 floats to which any of these gears are attached.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 41 - COLUMBIA RIVER SYSTEM TREATY INDIAN FISHERIES › Section 635-041-0030 - Subsistence Fishing Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 It is unlawful to utilize any fish taken by subsistence fishing for other than
			 subsistence purposes as defined in OAR
			 635-041-0010 with the exception
			 of shad which may be sold commercially, and with the exception of dipnet caught
			 fish from main stem Columbia and Klickitat River subsistence areas taken during
			 open commercial fishing seasons.
(2) Only white sturgeon with a fork length of
			 43-54 inches taken from between The Dalles and McNary dams and white sturgeon
			 with a fork length of 38-54 inches taken from between the Bonneville Dam and
			 The Dalles Dam may be retained for subsistence purposes.
(3) All sturgeon not of legal size shall be
			 released to the water unharmed. Sturgeon not captured for legal harvest shall
			 not be possessed on land. For purposes of this regulation, docks and boat ramps
			 are not considered land.
Stat. Auth.: ORS
				  183.325 &
				  506.119
Stats. Implemented: ORS
				  506.129 &
				  507.030
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 41 - COLUMBIA RIVER SYSTEM TREATY INDIAN FISHERIES › Section 635-041-0040 - Ceremonial Fishing and Notice Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
unlawful
for any
			 Indian or group of Indians to conduct ceremonial fishing on the Columbia River
			 or in Oregon Columbia River tributaries outside an Indian reservation without
			 first providing at least two working days advanced written notification to the
			 Director or the Director's designee.
(2) All notices must contain the following
			 information:
(a) Name, place, and time of
			 ceremony for which fish will be used;
(b) Name of individuals and helpers who will
			 be fishing and transporting fish. Only these individuals will be allowed to
			 fish on the occasion covered by the notice;
(c) Exact location(s) of fishing and the
			 amount of gear to be used at each location;
(d) Exact beginning and ending dates of
			 ceremonial fishing;
(e) The type of
			 gear to be used in ceremonial fishing;
(f) Estimated number of fish needed for
			 ceremony;
(g) If fish are to be
			 stored prior to a ceremony, the location of storage must be identified. If they
			 are not to be stored, it must be so indicated;
(h) The signature of the designated tribal
			 official certified to the Department in advance.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 41 - COLUMBIA RIVER SYSTEM TREATY INDIAN FISHERIES › Section 635-041-0045 - Closed Commercial Fishing Areas

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise specified in this rule and OAR
				635-041-0063, the following
				waters are closed to commercial fishing:
(1) All Oregon tributaries of the Columbia
			 River.
(2) The Columbia River
			 westerly and downstream of the Bridge of the Gods except:
(a) Fisheries conducted by the Yakama, Warm
			 Springs, Nez Perce, and Umatilla tribes downstream of Bonneville Dam (bank
			 fishing only) under provisions of the agreements with the states of Oregon and
			 Washington are open until further notice.
(A)
			 Allowable sales include Chinook, steelhead, sockeye, coho, walleye, shad,
			 yellow perch, bass and carp. Sturgeon caught in the tribal fisheries downstream
			 of Bonneville Dam may not be retained or sold. Fish may not be sold on USACE
			 property downstream of Bonneville Dam, but may be caught and transported off
			 USACE property for sale.
(B) Gear
			 is restricted to subsistence fishing gear which includes hoopnets, dipnets,
			 spears, gaffs, clubs, fouling hooks and rod and reel with
			 hook-and-line.
(C) Salmon,
			 steelhead, walleye, shad, carp, bass and yellow perch landed during an open
			 treaty commercial fishing period may be sold at any time.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 41 - COLUMBIA RIVER SYSTEM TREATY INDIAN FISHERIES › Section 635-041-0047 - Commercial Fishing in Subsistence Areas

Current through Register Vol. 63, No. 7, July 1, 2024
Salmon and steelhead taken with subsistence fishing gear from
				subsistence fishing areas of the main stem Columbia River during commercial
				fishing seasons shall be considered, as having been taken for commercial
				purposes.
Stat. Auth.: ORS 506 & ORS 507
Stats. Implemented: ORS 506 & ORS
				  507
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 41 - COLUMBIA RIVER SYSTEM TREATY INDIAN FISHERIES › Section 635-041-0050 - Commercial Fishing Gear

Current through Register Vol. 63, No. 7, July 1, 2024
It is
unlawful
to:
(1) Take fish for commercial purposes by any
			 means other than set nets, gill nets, dip nets, bag nets, hoop nets, or any
			 gear expressly authorized for subsistence fishing by OAR
			 635-041-0025.
(2) Fish a set net which is more than 400
			 feet in length or a drift gill net which is more than 800 feet in
			 length.
(3) Fish more than one set
			 net at any one location.
(4) Fish
			 more than five set nets at any one time.
(5) Have spoiled fish in any fishing gear.
(6) All fishing gear that is
			 actively fishing must be marked as shown below:
(a) For set nets, drift nets, or setlines,
			 the owner's tribal affiliation and enrollment number must be placed upon or
			 adjacent to the end corks of set nets and drift nets, on the anchored ends of
			 setlines and submerged nets, and on the anchor floats to which any of these
			 gears are attached.
(b) For hoop
			 nets, the owner's tribal affiliation and enrollment number must be either
			 placed on the upper side of the hoop or on a tag attached to the hoop, pole, or
			 cable.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 41 - COLUMBIA RIVER SYSTEM TREATY INDIAN FISHERIES › Section 635-041-0053 - Measurement of Net Mesh Size

Current through Register Vol. 63, No. 7, July 1, 2024
The mesh size of any gill net or setnet is determined only
				after the meshes are wet from soaking in water not less than one hour. Three
				consecutive meshes are then placed under ten pounds of vertical tension and the
				measurement is taken from the inside of one vertical knot to the outside of the
				opposite vertical knot of the center mesh.
Stat. Auth.: ORS 506 & 507
Stats. Implemented: ORS 506 &
				  507
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 41 - COLUMBIA RIVER SYSTEM TREATY INDIAN FISHERIES › Section 635-041-0055 - Closed Season

Current through Register Vol. 63, No. 7, July 1, 2024
It is
unlawful
to take any fish for commercial
				purposes from the Treaty Indian Fishery of the Columbia River except during the
				times, in the areas, with the gear, and for the species as provided in these
				rules.
Stat. Auth.: ORS 506 & 507
Stats. Implemented: ORS 506 &
				  507
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 41 - COLUMBIA RIVER SYSTEM TREATY INDIAN FISHERIES › Section 635-041-0060 - Sturgeon Season

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Sturgeon may
			 be taken for commercial purposes during commercial salmon, steelhead, sturgeon,
			 or shad fishing seasons with the commercial fishing gear authorized for the
			 taking of salmon, steelhead, sturgeon, or shad.
(2) Sturgeon must be delivered to wholesale
			 fish dealers, canners, or fish buyers undressed (in the round).
(3) It is
unlawful
to:
(a) Take sturgeon from any setline with the
			 intent of depriving the rightful owner of such sturgeon;
(b) Steal or otherwise molest or disturb any
			 lawful fishing gear;
(c) Remove the
			 head or tail of any sturgeon taken for commercial purposes prior to being
			 received at the premises of a wholesale fish dealer or canner;
(d) Remove the head or tail of any sturgeon
			 while in transit;
(e) Remove eggs
			 from the body cavity of sturgeon until the fish is sold;
(f) Purchase from commercial fishers sturgeon
			 eggs which have been removed from the body cavity prior to sale.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 41 - COLUMBIA RIVER SYSTEM TREATY INDIAN FISHERIES › Section 635-041-0061 - Sturgeon Size

Current through Register Vol. 63, No. 7, July 1, 2024
(1) White sturgeon
			 may be taken for commercial purposes by treaty Indian fishers during commercial
			 fishing seasons in which sales of sturgeon are authorized.
(2) Sales are limited to white sturgeon with
			 a fork length of 43-54 inches taken from between The Dalles and McNary dams and
			 white sturgeon with a fork length of 38-54 inches taken from between the
			 Bonneville Dam and The Dalles Dam.
(3) All sturgeon not of legal size shall be
			 released to the water unharmed. Sturgeon not captured for legal harvest shall
			 not be possessed on land. For purposes of this regulation, docks and boat ramps
			 are not considered land.
(4) It is
unlawful
to mutilate or disfigure a sturgeon in any manner
			 which extends or shortens its length to the legal limit, or to possess such
			 sturgeon.
Stat. Auth.: ORS
				  506.119
Stats. Implemented: ORS
				  506.129 &
				  507.030
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 41 - COLUMBIA RIVER SYSTEM TREATY INDIAN FISHERIES › Section 635-041-0063 - Sturgeon Setline Fishery

Current through Register Vol. 63, No. 7, July 1, 2024
(1) White sturgeon
			 may be taken by setline for commercial purposes in the John Day Pool from 6:00
			 a.m. Friday, July 26, to 6:00 p.m. Saturday, August 17, 2019.
(a) In theJohn Day Pool, white sturgeon taken
			 must be 43-54 inches in fork length.
(b) White sturgeon taken as described in
			 subsection (1)(a) of this rule may be sold or kept for subsistence
			 use.