reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0547 - Fish Hatchery Record Keeping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Hatchery managers shall provide the
			 following records for their operations:
(a)
			 All Adult Transaction (AAT) records for all adults handled at the
			 facility.
(b) Hatchery Mark
			 Recovery Sampling forms to record adult fish sampled for coded-wire
			 tags;
(c) Egg and Fry Records (EFR)
			 for all eggs and fry handled at each facility;
(d) Monthly Ponded Fish Reports (MPR) for all
			 fish being reared at each facility;
(e) Fish Loss Report/Investigation when 1,000
			 or more juvenile fish or 10 or more adult fish are accidentally lost in a
			 single incident;
(f) Predator
			 Mortality Report to document any fish predators that may die at the hatchery
			 facility;
(g) Fish Liberation
			 Reports (FLR) for all juvenile fish released or transported into or out of all
			 Department fish hatchery facilities;
(h) Coded-Wire Tag Release Reports for all
			 juvenile fish released with coded-wire tags;
(i) Chemical use, waste discharge monitoring,
			 purchasing, budgets, hazardous materials, safety, vehicles, equipment,
			 maintenance and alarm logs.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0548 - Training of Fish Hatchery Personnel

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fish Division, regional managers, or
			 hatchery managers shall develop training programs for staff to assure awareness
			 of and compliance with hatchery program management plans, to keep staff abreast
			 of new scientific and technological developments and to encourage and support
			 staff career development.
(2) Each
			 hatchery shall establish a training schedule for its staff and maintain
			 training records.
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 635-007-0595 - Transgenic Fish

Current through Register Vol. 63, No. 7, July 1, 2024
Fish that have been modified through genetic engineering and
				are released into wild populations have the potential of causing adverse
				ecological and genetic impacts. The Department shall consider releases of
				transgenic fish to pose a serious risk to wild populations. The Department
				shall not authorize the release of transgenic fish into locations where such
				fish may gain access to wild fish populations.
Stat. Auth.: ORS
				  496.138,
				  496.162 &
				  506.700 -
				  508.740
Stats. Implemented: ORS
				  496.138,
				  496.162 &
				  506.700 -
				  508.740
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0600 - Permit Required to Transport, Hold, or Release Fish

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in OAR
			 635-007-0620 and in sections (3)
			 and (4) of this rule, any person shall have in possession a Fish Transport
			 Permit in order to:
(a) Transport live fish
			 into, within or out of this state; or
(b) Hold any live fish in the waters of this
			 state.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0605 - Fish Transport Permit Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person wishing to obtain a Fish
			 Transport Permit shall complete and submit to the Department the appropriate
			 permit application form.
(2) A fee
			 of $14.00 (no license agent fee) shall be charged for each Fish Transportation
			 Permit issued by the Department.
(a) An
			 invoices will be issued to Private Fish Suppliers for fish transferred to or
			 from their production facilities for permits that the Department has issued the
			 previous year.
(b) Invoice Payment
			 must be received in full by March 1 for permits issued the previous
			 year.
(c) Failure to pay invoice in
			 full by March 1 shall result in suspension of approved permits.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0610 - Shipping Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 person shipping live fish or eggs within or out of this state shall provide a
			 Fish Transport Permit to the carrier or affix such permit to the shipping
			 container.
(2) Any person shipping
			 live fish or eggs into or through this state shall provide to the carrier or
			 have affixed to the shipping container a Fish Transport Permit or a record
			 showing:
(a) Name and address of person
			 shipping fish or eggs into this state or of holder of Fish Transport Permit or
			 Fish Propagation License;
(b) Name
			 and address of consignee; and
(c)
			 Number of each species of fish or eggs in the shipment.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0615 - Unlawful Import and Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Fish which are imported or released in violation of these rules or the laws of
			 this state are subject to seizure or destruction by the Department at the
			 expense of the person or company who imported or released those fish.
(2) The Department may in its discretion
			 prescribe alternative methods in lieu of destruction to control illegally
			 imported fish.
(3) The Department
			 is not liable for the cost of destroying fish or for the cost of the fish
			 destroyed.
(4) The person or
			 company who imported fish illegally shall be held liable for incidental kill of
			 any other species due to or during destruction of illegally imported
			 fish.
Stat. Auth.: ORS 496, 497, 498, 506 & 508
Stats. Implemented: ORS 496, 497, 498, 506 &
				  508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0620 - Transport Release of Mosquito Fish **(Gambusia sp.)**

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each county or vector control district
			 (ORS Chapter 452) conducting a vector control program which includes
Gambusia sp
. shall obtain a Fish Transport Permit from the
			 Department prior to transporting, holding or releasing any gambusia into the
			 waters of that county or district.
(2) The county or district operating under a
			 Fish Transport Permit may provide gambusia to citizens of the county or
			 district for citizen transport and release within the county or district,
			 provided the county or district maintains a record of all releases. The county
			 or district providing gambusia shall issue a receipt to parties receiving this
			 fish. The receipt shall include:
(a) Name of
			 party receiving gambusia;
(b)
			 Number of gambusia received;
(c)
			 Date received;
(d) Location of
			 waters where gambusia will be released;
(e) The words
"This receipt is valid
			 for transport and release of mosquito fish **(Gambusia sp.)
			 **only"
;
(f) Signature of
			 person at the county or district who issues the fish.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0625 - Revocation of Fish Transport Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission may revoke a Fish
			 Transport Permit in accordance with the applicable provisions of ORS
			 183.310 through
			 183.500 if the holder of the
			 permit has violated any of the terms or conditions of the permit or any statute
			 or regulation.
(2) Revocation of a
			 Fish Transport Permit is in addition to and not in lieu of other penalties
			 provided by law.
Stat. Auth.: ORS 496, 497, 498, 506 & 508
Stats. Implemented: ORS 496, 497, 498, 506 &
				  508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0650 - License Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (3) of this rule, any person shall obtain a Fish
			 Propagation License in order to propagate for sale and sell any live
			 fish.
(2) A separate Fish
			 Propagation License shall be obtained for each rearing site and shall be
			 renewed annually.
(3) Section (1)
			 of this rule shall not apply to:
(a) The
			 propagation and sale of nongame aquaria species in aquaria;
(b) The operation of salmon hatcheries
			 regulated under ORS 508.700 through
			 508.745 and OAR chapter 635,
			 division 040 as further clarified at OAR
			 635-007-0680; or
(c) Activities authorized under a STEP Permit
			 (OAR 635-009-0115);
(d) Activities authorized under a Cooperative
			 Salmon Hatchery Agreement (OAR
			 635-009-0400 through
			 635-009-0455).
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0655 - License Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person wishing to obtain a new Fish Propagation License or to renew shall
			 complete and submit to the Department the appropriate license application form.
			 Application forms are available upon request from the Oregon Department of Fish
			 and Wildlife. Applications to renew an existing license shall be submitted to
			 the Department by December 1 of the year prior to the license year in order to
			 be considered timely.
(2) In
			 addition to the application form, persons requesting to license a new or not
			 yet built facility shall describe in writing:
(a) The location and physical layout of the
			 facility;
(b) Water supply (source,
			 quantity, presence or absence of fish, and manner of access);
(c) Species and sources of fish to be
			 propagated;
(d) The status of
			 applications for any required federal, state or local permit, including a water
			 right from the Oregon Water Resources Department (WRD), a National Pollution
			 Discharge Elimination System (NPDES) permit from the Oregon Department of
			 Environmental Quality (DEQ), and land use permits from the county in which the
			 facility is located.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0660 - Duties of Fish Propagation Licensees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each licensed fish propagator shall
			 obtain a Fish Transport Permit for any fish transported to the licensed
			 facility or from the licensed facility to another site prior to such
			 transportation and shall provide a copy of such permit to the person
			 transporting the fish for delivery to the person or entity who will hold the
			 fish.
(2) Each licensed fish
			 propagator shall maintain at the propagation facility a record of all business
			 transactions involving the sale, purchase, shipment or loss of fish or eggs and
			 shall make such record available for inspection upon request by the Department
			 or the Oregon State Police.
(3)
			 Each licensed fish propagator shall submit an annual report of operations by
			 January 15 of the next year; and shall submit the report by that date even if
			 the licensee does not intend to renew. The sales of fish shall be reported as
			 total numbers and pounds of each species sold, either live or dead, during the
			 year. The sales of eggs shall be reported as total numbers of each species sold
			 during the year.
(4) The Department
			 may require licensed fish propagators to submit:
(a) Monthly routine fish health examinations
			 by a pathologist acceptable to the Department;
(b) Monthly reports of fish on hand at the
			 facility. If required, this report shall list the species, stock, number per
			 species and stock on hand, disease losses for each stock during the month,
			 causative agent for such losses, and remedial treatments used to reduce
			 losses.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0665 - Purchase of Fish from Fish Propagation Licensee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No angling license is required to angle
			 at the facilities of a licensed fish propagator.
(2) It is
unlawful
to
			 possess fish received from a fish propagation licensee without having a written
			 receipt, or for the propagator to sell fish so taken without providing a
			 written receipt, which includes:
(a) Name of
			 fish propagation licensee;
(b)
			 Location from which fish were taken;
(c) Date shipped/received;
(d) Name of purchaser;
(e) Number of each species of fish
			 received.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0670 - Revocation of Fish Propagation License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission may revoke a Fish
			 Propagation License in accordance with the applicable provisions of ORS
			 183.310 through
			 183.500 based on any of the
			 following:
(a) The Commission finds that the
			 conduct of the facility would tend to be harmful to existing game fish or food
			 fish populations; or
(b) The
			 licensee has violated any terms of any license, permit or operational plan
			 issued by the Department; or
(c)
			 The licensee has filed to comply with any statute, rule or reporting
			 requirement relevant to the operation of the facility; or
(d) After request by the Department, the
			 licensee has failed to pay any sums it owes to the Department or which are owed
			 to the Department under any license or permit it holds or the benefits of which
			 it enjoys.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0680 - Relation Between Fish Propagation License and Private Salmon Hatchery Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fish
			 propagation licenses are required for:
(a)
			 Each holding, incubation or rearing site located separately from a private
			 salmon hatchery, regardless of whether such fish are destined for release at a
			 private salmon hatchery;
(b) Each
			 holding, incubation or rearing pond located at a private salmon hatchery if the
			 fish in those ponds are not authorized to be released under the terms of a
			 private salmon hatchery permit.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0700 - Purpose, Policy and Definition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules establish a special permit
			 system for the orderly development and conduct of an experimental program for
			 the rearing of Columbia River white sturgeon in fish propagation facilities and
			 to provide for the collection of oversize female sturgeon for egg taking. The
			 total amount of oversize female sturgeon that may be collected by all persons
			 issued permits under these rules shall not exceed 18 per calendar year as
			 further provided in OAR
			 635-007-0710(2)(a).
(2) For purposes of OAR
			 635-007-0700 through
			 635-007-0720"oversize sturgeon"
			 means: Columbia River female white sturgeon over six feet in length.
Stat. Auth.: ORS 506 & 508
Stats. Implemented: ORS 506 &
				  508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0705 - Obtaining Sturgeon and Eggs for Propagation

Current through Register Vol. 63, No. 7, July 1, 2024
Any person desiring to propagate sturgeon must develop sturgeon
				broodstock from which to take eggs to continue the sturgeon propagation
				operation. Oversize sturgeon shall not be collected on a continuing basis to
				support either experimental or production rearing. Sturgeon eggs or sperm taken
				from wild fish to provide seed for propagation and development of broodstock
				for a fish propagation facility may be obtained only by a person who held a
				permit to collect wild broodstock in the year 2006, and only through the year
				2010, and may be obtained in the manner described in sections (1) to (3) of
				this rule.
(1) Legal Size Sturgeon may
			 be taken pursuant to:
(a) Commercial fishing
			 activities under a valid commercial fishing license;
(b) Commercial fishing activities by other
			 fishermen under a valid commercial fishing license. Sturgeon may be purchased
			 from such fishermen, as authorized by rules for the purchase of fish from
			 commercial fishermen. A wholesale fish dealer's license is required;
(c) Sport fishing activities under a valid
			 sport fishing license. Sturgeon caught under a sport fishing license shall not
			 be transported via land except as authorized in a fish transport permit. Sport
			 fishermen shall not be compensated for any fish or eggs provided to a fish
			 propagation facility operator.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0710 - Special Permit Rules to Collect Male and Oversize Female Sturgeon

Current through Register Vol. 63, No. 7, July 1, 2024
Any person desiring to propagate sturgeon must develop sturgeon
				broodstock from which to take eggs to continue the sturgeon propagation
				operation. Oversize sturgeon shall not be collected on a continuing basis to
				support either experimental or production rearing. Sturgeon eggs or sperm taken
				from wild fish to provide seed for propagation and development of broodstock
				for a fish propagation facility may be obtained only by a person who held a
				permit to collect wild broodstock in the year 2006, and only through the year
				2010, and may be obtained in the manner described in sections (1) to (3) of
				this rule:
(1) Application and
			 Eligibility for Permit: A special permit to collect oversize female sturgeon
			 shall be issued only to an individual who held such a permit for the year 2006,
			 and may only authorize collection of oversize sturgeon through the year 2010.
			 The individual applicant shall:
(a) Make a
			 request in writing;
(b) Demonstrate
			 in such request the individual has the technical expertise and experience to
			 handle adult sturgeon, conduct an examination of the fish to determine the
			 state of maturity, and take eggs without harm to the fish or eggs;
(c) Designate in the request an Oregon
			 licensed fish propagation facility for fish rearing; and
(d) Designate in the request a landing site
			 in Oregon for transfer of the collected fish to the fish propagation
			 facility.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0720 - Possession of Sturgeon for Spawning and Propagation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Authorization. The Department
			 will allow:
(a) Holding of male and oversize
			 female sturgeon collected from the wild, until spawned for collection and
			 incubation of eggs (pursuant to the special permit);
(b) Holding of adults raised at the fish
			 propagation facility, or fish obtained through legal sport fishing or
			 commercial activities; and
(c)
			 Subsequent propagation and sale of white sturgeon under a sturgeon propagation
			 permit.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0730 - Permit Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person wishing to obtain or renew a Sturgeon Propagation Permit shall
			 complete and submit to the Department the appropriate permit application form.
			 Application forms are available upon request from the Oregon Department of Fish
			 and Wildlife. Applications to renew an existing permit shall be submitted to
			 the Department by December 1 of the year prior to the permit year in order to
			 renew the permit as a matter of right.
(2) In addition to the application form,
			 persons requesting to license a new or not yet built facility shall describe in
			 writing:
(a) The location and physical layout
			 of the facility;
(b) Water supply
			 (source, quantity, presence or absence of fish, and manner of
			 access);
(c) Species and sources of
			 fish to be propagated;
(d) The
			 status of applications for any required federal, state or local permits,
			 including a water right from the Oregon Water Resources Department (WRD), a
			 National Pollution Discharge Elimination System (NPDES) permit from the Oregon
			 Department of Environmental Quality (DEQ), and land use permits from the county
			 in which the facility is located.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0735 - Duties of Sturgeon Propagation Permittees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each permitted Sturgeon propagator shall
			 obtain a Fish Transport Permit for any sturgeon transported to the permitted
			 facility or from the permitted facility to another site prior to such
			 transportation and shall provide a copy of such permit to the person
			 transporting the sturgeon for delivery to the person or entity receiving the
			 fish.
(2) Each permitted Sturgeon
			 propagator shall maintain at the propagation facility a record of all business
			 transactions involving the sale, purchase, shipment or loss of sturgeon or
			 sturgeon eggs and shall make such record available for inspection upon request
			 by the Department or the Oregon State Police.
(3) Each permitted Sturgeon propagator shall
			 submit an annual report of operations by January 15 of the next year; and shall
			 submit the report by that date even if the permittee did not renew. The sales
			 of fish shall be reported as total numbers and pounds of each species sold,
			 either live or dead, during the year. The sales of sturgeon eggs shall be
			 reported as total numbers of each species sold during the year.
(4) The Department may require permitted
			 Sturgeon propagators to submit monthly reports of sturgeon on hand at the
			 facility. If required, this report shall list the species, stock, number per
			 species and stock on hand, disease losses for each stock during the month,
			 causative agent for such losses, and remedial treatments used to reduce
			 losses.
(5) Each permitted sturgeon
			 propagator shall comply with all statutes and regulations of other agencies
			 pertaining to the operation of the propagation facility.
(6) Each permitted sturgeon propagator shall
			 comply with the terms and conditions of his permit and operational
			 plan.
(7) Sturgeon propagation
			 facilities and records are subject to inspection at any time by the Department
			 or the Oregon State Police.
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 635-007-0740 - Purchase of Sturgeon from Sturgeon Propagation Permittee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No angling
			 license is required to angle at the facilities of a permitted Sturgeon
			 propagator.
(2) It is
unlawful
:
(a) To possess
			 Sturgeon received from a Sturgeon propagation permittee without having a
			 written receipt; or
(b) For the
			 propagator to sell fish so taken without providing a written receipt, which
			 includes:
(A) Name of Sturgeon propagation
			 permittee;
(B) Location from which
			 Sturgeon were taken;
(C) Date
			 shipped/received;
(D) Name of
			 purchaser; and
(E) Number of each
			 species of Sturgeon received.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0745 - Revocation of Sturgeon Propagation Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission may revoke a Sturgeon
			 Propagation Permit in accordance with the applicable provisions of ORS
			 183.310 through
			 183.500 based on any of the
			 following:
(a) The Commission finds that the
			 conduct of the facility would tend to be harmful to existing game fish or food
			 fish populations; or
(b) The
			 permittee has violated any terms of any license, permit or operational plan
			 issued by the Department; or
(c)
			 The permittee has filed to comply with any statute, rule or reporting
			 requirement relevant to the operation of the facility; or
(d) After request by the Department, the
			 permittee has failed to pay any sums it owes to the Department or which are
			 owed to the Department under any license or permit it holds or the benefits of
			 which it enjoys.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0820 - Salmon Production Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Salmon Hatchery Programs proposed for public hatcheries, the Salmon and Trout
			 Enhancement Program (STEP), Cooperative Salmon Hatchery Programs, and for
			 private salmon hatcheries shall be provided for department staff review and
			 planning prior to commencement of egg collection each year. Such programs shall
			 include at least:
(a) Rearing
			 location;
(b) Species;
(c) Egg source or stock;
(d) Number to be released;
(e) Expected size at release;
(f) Expected time of release;
(g) Special treatment, marks, handling,
			 etc.;
(h) Release site or
			 project.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0900 - Permit Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 must have in possession a valid Scientific Taking Permit issued by the
			 Department in order to take fish from the waters of this state for scientific
			 or educational purposes.
(2) Except
			 as provided in section (3) of this rule, a Scientific Taking Permit issued by
			 the Department to any agency, corporation, association or other such entity of
			 which one or more members may engage in the taking of fish, will be issued in
			 the name of the entity. It shall be the responsibility of the entity to provide
			 a copy of the permit to each member who intends to take fish and to have the
			 member sign the permit copy on the signature line provided. A copy of a
			 Scientific Taking Permit issued to an entity shall not be considered a valid
			 permit unless signed by the member engaged in the taking of fish.
(3) Any student desiring to take fish for
			 scientific or educational purposes as part of a program or course of study at
			 an educational institution must obtain a Scientific Taking Permit in the
			 student's own name. Students are not authorized to take fish under Scientific
			 Taking Permits issued to an educational institution or its
			 instructors.
(4) The Department may
			 refuse to issue any Scientific Taking Permit if it finds:
(a) The proposed taking lacks scientific or
			 educational merit or would adversely affect the fish populations of this state;
			 or
(b) The applicant violated any
			 term of any license or permit issued by the Department.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0910 - Scientific Taking Permit Application - Fish

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person or entity wishing to obtain a
			 Scientific Taking Permit must complete and submit to the Department the
			 appropriate permit application form.
(a) No
			 fee is charged for Fish Scientific Taking Permits issued for scientific or
			 educational purposes as part of a program or course of study at a K-12
			 educational institution.
(b) A fee
			 of $112.50 (plus a $2.00 license agent fee) shall be charged for each Fish
			 Scientific Taking Permit issued for any agency, corporation, association, or
			 other such entity.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0920 - Report Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
Each person or entity issued a Scientific Taking Permit may be
				required to submit to the Department written reports describing the date(s),
				specific location(s) and the number of species of fish taken and/or released
				live under a permit during the permit period.
Stat. Auth.: ORS
				  183.335,
				  496.138,
				  497.252,
				  497.298,
				  506.109,
				  506.119 &
				  508.111
Stats. Implemented: ORS
				  183.335,
				  496.138,
				  497.252,
				  497.298,
				  506.109,
				  506.119 &
				  508.111
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0930 - Limited Authority

Current through Register Vol. 63, No. 7, July 1, 2024
A Scientific Taking Permit may specify under what conditions
				the permittee is authorized to transport live fish, eggs or larvae within the
				state of Oregon collected under the Scientific Taking Permit. A Scientific
				Taking Permit with specific transport conditions excuses the permittee from the
				obligation to obtain a Fish Transport Permit under OAR
				635-007-0600.
Stat. Auth.: ORS
				  496.138,
				  496.146 &
				  506.119
Stats. Implemented: ORS
				  497.252,
				  497.298,
				  498.222 &
				  508.111
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0940 - Nongame Fish Protected

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding OAR 635-011-0220, the Department may issue a
				Scientific Taking Permit for studies of any white amur, Warner Sucker, Borax
				Lake Chub, Foskett Springs Dace, Oregon Tui Chub of Hutton Springs, or Lost
				River and Shortnose Suckers of Klamath County.
Stat. Auth.: ORS
				  183.335,
				  496.138,
				  497.252,
				  497.298,
				  506.109,
				  506.119 &
				  508.111
Stats. Implemented: ORS
				  183.335,
				  496.138,
				  497.252,
				  497.298,
				  506.109,
				  506.119 &
				  508.111
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0950 - Revocation of Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission may revoke a Scientific Taking Permit in accordance with the
			 applicable provisions of ORS
			 183.310 through
			 183.500 if the holder of the
			 permit has violated any of the terms or conditions of the permit or any
			 regulation within OAR Chapter 635.
(2) Revocation of a Scientific Taking Permit
			 is in addition to and not in lieu of other penalties provided by law.
Stat. Auth.: ORS
				  183.335,
				  496.138,
				  497.252,
				  497.298,
				  506.109,
				  506.119 &
				  508.111
Stats. Implemented: ORS
				  183.335,
				  496.138,
				  497.252,
				  497.298,
				  506.109,
				  506.119 &
				  508.111
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0960 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of the Fish Health Management Policy is to describe
				measures that minimize the impact of fish diseases on the state's fish
				resources. 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), Cooperative
				Salmon Hatchery Programs (OAR
				635-009-0400 through
				635-009-0455), and to all other
				persons importing, transporting, releasing, or rearing non-aquaria species in
				this state, including, but not limited to persons operating private fish
				rearing facilities and research facilities.
Stat. Auth.: ORS 496, 497, 498, 506, 508
Stats. Implemented: ORS 496, 497, 498, 506,
				  508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0965 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
The Department must restrict the introduction, amplification,
				and dissemination of disease agents in hatchery produced fish (hatchery
				produced stock or naturally-produced native stock) and in natural environments
				by controlling egg and fish movements and by prescribing a variety of
				preventative, therapeutic, and disinfecting strategies to control the spread of
				disease agents in fish populations of the state. This entails inspecting and
				detecting disease agents from fish in all hatchery facilities and natural
				environments. It also entails containing and treating disease agents to
				minimize impacts on fish populations.
Stat. Auth.: ORS 496, ORS 497, ORS 498, ORS 506, ORS
				  508
Stats. Implemented: ORS 496, ORS 497, ORS 498, ORS 506, ORS
				  508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0975 - Import, Export or Transfer of Pathogens and Diseases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may allow a transfer or
			 release fish if the disease agent has not occurred within the past three years
			 of fish rearing, fish are appropriately treated to prevent disease transmission
			 before transfer, or if the disease agent also occurs in the receiving
			 waters.
(2) No person may import,
			 export, or transfer susceptible fish from a site or area where a Category I
			 disease agent has been found until the Department has determined that the site
			 or area is acceptable and has issued a valid Fish Transport Permit pursuant to
			 OAR 635-007-0600. One of the
			 Department's fish health specialists may make the required determination and
			 provide a memorandum to Fish Division.
(3) The Department may authorize a person to
			 import, export, or transfer fish that have or are from a station or area with a
			 recent or continuing history of Category II disease agent by issuing a Fish
			 Transport Permit. The Department must restrict the import, transfer, or release
			 of fish from facilities in which Category II disease agents have been detected
			 within the life cycle of a fish species or that have not been eliminated by
			 effective treatment to only those areas where that disease is already endemic.
			 The Department must restrict the transfer or release of fish that may expand
			 the geographic distribution of disease agents in this category.
(4) The Department must restrict the import,
			 transfer, and release of fish from facilities in which Category III disease
			 agents have been detected within the life cycle of a fish species or that have
			 not been eliminated by effective treatment to only those areas where that
			 disease is already endemic.
(5)
			 Fish from facilities with a history of, but no current occurrence of Category I
			 through III diseases will be treated as if they were in Category IV. The
			 Department may issue a Fish Transport Permit for transfer or release of fish
			 with the presence of disease agents in this category if the disease agent has
			 not occurred within the past three years of fish rearing, the fish are
			 appropriately treated for disease before transfer, or the disease agent occurs
			 in the receiving waters. The Department may deny a Fish Transport Permit to
			 transfer or import fish from facilities where Category III and IV diseases
			 agents have been identified until acceptable treatment or improved history
			 record (three years without disease detection) requirements have been met
			 through appropriate fish health examinations.
Stat. Auth.: ORS 496, ORS 497, ORS 498, ORS 506, ORS
				  508
Stats. Implemented: ORS 496, ORS 497, ORS 498, ORS 506, ORS
				  508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0980 - Additional Reference Material for Fish Disease Management

Current through Register Vol. 63, No. 7, July 1, 2024
Guidelines for inspection of fish for diseases are found in the
				Integrated Hatchery Operation Team Policies and Procedures for Columbia Basin
				Anadromous Salmonid Hatcheries (IHOT 1995), American Fisheries Society Fish
				Health Blue Book (AFS-FHS Suggested procedures for the detection and
				identification of certain finfish and shellfish pathogens. 5th ed., 2002, Fish
				Health Section, American Fisheries Society), the inspection manual of this
				reference may be found at http://fisheries.fws.gov/FHC/handbook.htm [File Link
				Not Available]), the Fish Health Protection Regulations Manual of Compliance of
				Canada, 1984 and the Pacific Northwest Fish Health Protection Committee Model
				Comprehensive Fish Health Protection Program (September 1989),
				http://www.efw.bpa.gov/Environment/EW/EWP/DOCS/REPORTS/HATCHERY/A60629.pdf
Stat. Auth.: ORS 496, ORS 497, ORS 498, ORS 506, ORS
				  508
Stats. Implemented: ORS 496, ORS 497, ORS 498, ORS 506, ORS
				  508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0985 - Inspection and Detection of Disease Agents at the Department's Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Facility
			 Manager must ensure that inspections are performed on all fish stocks no more
			 than six weeks before fish are released or transferred to other locations in
			 the state and on any fish to be imported into the state. The Department's Fish
			 Health Services must maintain a database of fish health examination
			 results.
(2) The Facility Manager
			 must complete a Fish Liberation Report for the import, export, or transfer of
			 live fish or eggs in Oregon before moving any fish or eggs.
(3) The Facility Manager must ensure regular
			 monitoring of all fish by a Department fish health specialist. Appropriate fish
			 tissues must be screened for the presence of parasitic and bacterial agents and
			 viral examinations of appropriate organs and lesions of moribund or dead fish
			 depending on disease signs on affected fish.
(4) Examinations for Myxobolus cerebralis,
			 agent of whirling disease, must be conducted regularly on 60 juvenile salmonid
			 fish held for a minimum of 180 days at each facility, either annually for
			 facilities in endemic regions or those that export fish or eggs out of state,
			 or every three years in non-endemic regions without a history of M. cerebralis
			 detection. In cases where multiple water supplies exist, fish reared in each
			 susceptible water supply must be sampled.
(5) The Facility Manager must direct the
			 treatment or destruction of fish infected with any disease agent, whether
			 listed in these rules or not, that may adversely affect the health of the fish
			 of this state. The Department's Fish Division will determine whether the
			 affected fish must be destroyed.
(6) If fish loss exceeds 0.1 percent per day
			 over five consecutive days in any rearing or incubation container, then the
			 Facility Manager must:
(a) Have an
			 examination promptly performed on live and dead fish from each pond of concern
			 by a Department fish health specialist and, if the fish health specialist
			 determines it is necessary, from the entire facility.
(b) Notify in writing by E-mail, fax, or
			 equivalent means the Department's Regional Office and Fish Division of the
			 location, extent, and probable cause of such losses and provide written
			 documentation of a planned Department-approved treatment regimen to control the
			 fish disease agent.
(c) Fish Health
			 Services must maintain a copy of the disease examination record after
			 completing appropriate tests.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0990 - Inspection and Detection of Disease Agents at Non-Department Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person may
			 import, export, release, or transfer live fish or fish eggs in Oregon without a
			 Fish Transport Permit issued pursuant to OAR
			 635-007-0600.
(2) Except as provided in section (3) of this
			 rule, any group of live fish or eggs found to have been imported into or
			 transferred within Oregon without a Fish Transport Permit is subject to seizure
			 and destruction by the Department.
(3) The Department, in its discretion, may
			 direct the Facility Manager to undertake immediate steps to obtain proper,
			 up-to-date fish health examinations from the original source of fish or eggs,
			 and to have fish inspected for fish disease agents by a fish health specialist
			 acceptable to the Department. Such fish or eggs must not be released or moved
			 to any other facility until the owner has obtained a completed disease
			 examination report from the fish health specialist. The Facility Manager is
			 responsible for the costs of the inspection required by this rule.
(4) Except for fish reared for release under
			 a private salmon hatchery permit pursuant to ORS
			 508.700, before importing any
			 fish the Facility Manager must obtain an annual health examination of
			 broodstock from which fish are to be imported and a copy of relevant fish
			 health examinations of the lot of fish to be imported. If a facility has not
			 previously exported fish to Oregon, the Facility Manager must also obtain a
			 five-year fish-health history of stocks held at the facility and a description
			 of the water supply source. Examinations for IHNV, IPNV, and VHSV must be
			 conducted for salmonid broodstock. An examination for Myxobolus cerebralis, as
			 described in section (5) of this rule, must also be conducted on salmonid fish.
			 Depending on the fish species, examinations for culturable viruses and specific
			 bacterial and parasitic agents must be conducted for non-salmonid broodstock.
			 The above-listed examinations must be performed by a fish health specialist
			 acceptable to the Department. However, the Department may issue a Fish
			 Transport Permit to import live fish into this state without the examination
			 report if the Department finds:
(a) The fish
			 eggs or larvae would mature to a stage at which they cannot be safely
			 transported before a disease examination could take place or results are
			 complete; and
(b) The fish or eggs
			 are held in a facility approved by the Department until the permit holder can
			 obtain a completed disease examination report.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-1000 - Carcasses for Stream Enrichment

Current through Register Vol. 63, No. 7, July 1, 2024
At least 45 percent of the carcasses from all adult
				hatchery-produced fish that return to hatchery facilities, averaged over 10
				years, must be retained and placed at seasonally appropriate times in natural
				spawning and rearing areas to enhance nutrient recycling. Distribution of
				carcasses in any single year will take account of the following:
(1) Placement is consistent with requirements
			 of state and federal water quality laws.
(2) The Department must review the disease
			 history of the hatchery and particular fish stock, current fish health testing
			 results, geographic location and history of fish disease, and presence of
			 disease agents in the receiving stream and watershed as a whole to minimize the
			 risk of introducing or disseminating disease agents into the receiving
			 waters.
(3) Only fish that are
			 killed as excess brood or that survive to spawn may be used for carcass
			 distribution.
(4) Carcasses must be
			 placed in the originating river basin or locations identified in hatchery
			 program management plans or other operational or conservation plans.
(5) The Fish Division may stop carcass
			 distribution if pathogen levels increase in spawned adult fish during the
			 spawning period.
Statutory/Other Authority: ORS
				  506.050
Statutes/Other Implemented: ORS
				  506.124 & House Bill 3191
				  (2021)
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 8 - LANDS: DEPARTMENT OF FISH AND WILDLIFE LANDS › Section 635-008-0015 - Agreements to Restrict Use of Motor-Propelled Vehicles

Current through Register Vol. 63, No. 7, July 1, 2024
No person shall violate posted motor-propelled vehicle use
				restrictions established by agreements entered into pursuant to ORS
				498.152.
This rule was Renumbered from 630-010-0515,
				  635-015-0015
Statutory/Other Authority: ORS
				  496.012,
				  496.138,
				  496.146 &
				  498.152
Statutes/Other Implemented: ORS
				  496.012,
				  496.138,
				  496.146 &
				  498.152
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 8 - LANDS: DEPARTMENT OF FISH AND WILDLIFE LANDS › Section 635-008-0040 - Forage Removal from Department Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Forage removal from Department owned or
			 managed lands by haying, grazing, or other means will be by agreement only.
			 Agreements will be issued by the Department for a period not to exceed five
			 years. Agreements are not transferable.
(2) Forage removal agreements will be
			 considered on a priority basis. First priority will be given to local grazing
			 associations, adjoining landowners, adjacent landowners and former agreement
			 holders, not necessarily in that order. Second priority will be given to any
			 other interested party.
(3)
			 Selection of first priority agreement holders will be made in accordance with
			 the management objectives for the land.
(4) Selection of second priority applicants
			 will be based on the highest bidder.
(5) Fees charged to first priority agreement
			 holders will be similar to those fees charged on comparable forage in the
			 vicinity. Fees charged to second priority agreement holders will be established
			 through the competitive bid.
(6)
			 Management practices affecting forage removal will be established to protect
			 the property and benefit wildlife resources.
(7) A forage removal agreement may be
			 cancelled by the Director for failure to:
(a)
			 Follow all requirements set forth in the agreement;
(b) Pay fees required;
(c) Follow forage removal practices
			 established to protect the property and benefit wildlife resources.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 8 - LANDS: DEPARTMENT OF FISH AND WILDLIFE LANDS › Section 635-008-0051 - Purpose: Parking Permit System for Department Wildlife Areas

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of the Wildlife Area parking permit system is to
				develop additional dedicated revenue for designated Wildlife Areas which will
				be used to augment infrastructure and habitat restoration activities and
				enhance wildlife viewing.
Statutory/Other Authority: ORS
				  496.012,
				  496.138 &
				  496.146
Statutes/Other Implemented: ORS
				  496.012,
				  496.138 &
				  496.146