reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 8 - LANDS: DEPARTMENT OF FISH AND WILDLIFE LANDS › Section 635-008-0190 - E.E. Wilson Wildlife Area (Benton/Polk Counties)

Current through Register Vol. 63, No. 7, July 1, 2024
The E. E. Wilson Wildlife Area is open to wildlife-oriented
				public use compatible with the goals and objectives contained in the 2008
				(updated 2019) E. E. Wilson Wildlife Area Management Plan unless otherwise
				excluded or restricted by the following rules:
(1) Fishing is prohibited except as
			 authorized during fishing seasons.
(2) All hunting is prohibited March 1 through
			 July 31 except for participants of a department organized program with an
			 access permit.
(3) Hunting is
			 prohibited August 1 through end of February except:
(a) As authorized during game bird and big
			 game seasons;
(b) The hunting of
			 unprotected mammals and birds is permitted;
(c) Furbearer trapping and hunting is
			 prohibited;
(d) Hunting for rabbits
			 is permitted from November 1 through the end of February.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 8 - LANDS: DEPARTMENT OF FISH AND WILDLIFE LANDS › Section 635-008-0195 - Winchester Viewing Chamber: Douglas County

Current through Register Vol. 63, No. 7, July 1, 2024
It is unlawful to trespass on the following Department property
				between the hours of 10p.m. and 4a.m.: Winchester viewing access, the viewing
				chamber and the fishway, all located at Winchester Dam on the North Umpqua
				River.
Statutory/Other Authority: ORS
				  496.012,
				  496.138 &
				  496.146
Statutes/Other Implemented: ORS
				  496.012,
				  496.138 &
				  496.146
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 8 - LANDS: DEPARTMENT OF FISH AND WILDLIFE LANDS › Section 635-008-0197 - Woodburn Ponds (Marion County)

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the provisions in OAR
				635-008-0200, it is unlawful at
				Woodburn Ponds to:
(1) Discharge any
			 firearm.
(2) Operate any
			 motor-propelled craft, except craft propelled by electric motors.
(3) Use the area for any purpose between one
			 hour after sunset and one hour before sunrise.
(4) Trapping is prohibited.
Statutory/Other Authority: ORS
				  496.138,
				  496.146 &
				  496.012
Statutes/Other Implemented: ORS
				  496.138,
				  496.146 &
				  496.012
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 8 - LANDS: DEPARTMENT OF FISH AND WILDLIFE LANDS › Section 635-008-0200 - Other Department Owned, Managed or Controlled Areas

Current through Register Vol. 63, No. 7, July 1, 2024
On other Department owned, managed or controlled areas which
				are not listed within these rules and are primarily available to the public for
				the purpose of angling or boat access, the following restrictions, in addition
				to 635-008-0050, also apply:
(1) Discharging rifles and pistols is
			 prohibited.
(2) Camping is
			 prohibited.
(3) These areas are
			 closed to the public between 10 pm and 4 am unless otherwise posted.
(4) Open fires are prohibited from June 1
			 through October 31 except in designated areas. Open fires are prohibited during
			 designated fire closures.
(5)
			 Trapping is prohibited.
Statutory/Other Authority: ORS
				  496.012,
				  496.138 &
				  496.146
Statutes/Other Implemented: ORS
				  496.012,
				  496.138 &
				  496.146
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 8 - LANDS: DEPARTMENT OF FISH AND WILDLIFE LANDS › Section 635-008-0211 - Public Access to Department Hatcheries

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to the provisions of OAR
			 635-008-0200, the following
			 restrictions to public use of Department hatcheries apply:
(a) Public access to Department hatchery
			 property is prohibited between the hours of 10:00 p.m. and 4:00 a.m.
			 daily;
(b) Open fires are
			 prohibited;
(c) Camping is
			 prohibited unless specifically authorized by the Hatchery Manager;
(d) Dogs must be on leash while inside the
			 main hatchery grounds.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0055 - Determination of Non-Profit Status

Current through Register Vol. 63, No. 7, July 1, 2024
No outdoor club shall be exempt from the provisions of ORS
				498.400 through
				498.464 unless such club submits
				with its application for exemption:
(1) A certified copy of its Articles of
			 Incorporation, which must be accompanied by a copy of its Certificate of
			 Incorporation issued pursuant to ORS Chapter 61; and
(2) Certified copies of a certificate of tax
			 exempt status issued by the Oregon Department of Revenue and the United States
			 Internal Revenue Service.
Stat. Auth.: ORS 496
Stats. Implemented: ORS
				  496
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0060 - Charter Boat License and Decals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An ocean charter vessel license required
			 by Oregon Laws 1979, Chapter 358 must be obtained by the owner or operator of
			 any boat used in the business of carrying individuals to angle in the
			 ocean.
(2) A pair of decals bearing
			 the wording "Oregon Licensed Charter Boat" shall be included with the initial
			 issue of an ocean charter vessel license. Vessels having previously received
			 the above decals applying for renewal will not be issued replacement decals
			 unless specifically requested.
(3)
			 A pair of decal bearing the last two numbers of the year for which the license
			 is issued shall be included with the license.
(4) The decals "Oregon Licensed Charter Boat"
			 with the decals bearing the last two numbers of the year for which the ocean
			 charter vessel license is issued shall be affixed to the licensed boat in a
			 conspicuous place on each side of the boat on the outside of the superstructure
			 as near midship as practicable.
(5)
			 It shall be
unlawful
to operate a licensed ocean charter
			 vessel which does not have the decals described in section (2) of this rule,
			 displayed on the licensed vessel as provided in this rule.
Stat. Auth.: ORS 496
Stats. Implemented: ORS
				  496
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0090 - Salmon and Trout Enhancement Program

Current through Register Vol. 63, No. 7, July 1, 2024
These Rules guide the Department's administration, including
				project evaluation and approval, of the Salmon and Trout Enhancement Program
				(STEP) as authorized under the provisions of ORS
				496.430, et seq. These rules
				also govern the STEP Advisory Committee's membership and meeting
				frequency.
Statutory/Other Authority: ORS
				  496.138 & ORS
				  496.146
Statutes/Other Implemented: ORS
				  496.430 et
				  seq.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0095 - Salmon and Trout Enhancement Program Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions shall apply to Salmon and Trout
				Enhancement Program projects:
(1)
			 Definitions listed in ORS
			 496.430 and OAR
			 635-007-0501.
(2) "Acclimation" means to hold juvenile fish
			 at a site other than where they were reared, for a specified length of time
			 immediately prior to release at the site, in order to cause them to imprint on
			 and return to the site as adults.
(3) "Committee" means the Salmon and Trout
			 Enhancement Program Advisory Committee.
(4) "Egg Incubation Project" means project in
			 which eggs are contained and hatched and resultant fry are released
			 unfed.
(5) "Enhancement" means
			 resource conservation, utilization and educational activities that contribute
			 to the recovery and sustainability of native fish.
(6) "Enhancement Project" is any project
			 authorized by the Department in accordance with these rules.
(7) "Fish Propagation" means to rear fish for
			 release (includes egg incubation).
(8) "Mark" means a distinctive identification
			 such as a removed fin or characteristic scale pattern, or both; a coded-wire
			 tag imbedded in the fish in addition to a removed adipose fin; or some other
			 methods approved by the Department for the purpose of identifying the origin of
			 the fish.
(9) "Stocking" means to
			 release hatchery-produced fish into state waters.
Statutory/Other Authority: ORS
				  496.138 & ORS
				  496.146
Statutes/Other Implemented: ORS
				  496.430 & ORS
				  537.142
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0096 - Salmon and Trout Enhancement Program Advisory Committee; Membership

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Salmon and
			 Trout Enhancement Program Advisory Committee consists of nine members appointed
			 by the Governor through the Executive Appointments Administration application
			 process.
(a) All citizens are welcome and
			 encouraged to serve.
(b) In
			 recommending the committee appointments, the Department may consider the
			 following:
(A) Ensuring that the Committee's
			 membership reflects the demographic and geographic diversity of
			 Oregon;
(B) Members with experience
			 working with volunteers, community service organizations, or involvement in
			 natural resource or angling education; and
(C) Including those engaging youth,
			 underserved communities and diverse audiences, such as communities of color,
			 tribes, and low-income communities.
(c) The term of office of a member of the
			 Committee is four years, and a member is eligible for reappointment and may
			 serve up to two consecutive full terms.
(d) Members shall:
(A) Be an Oregon resident;
(B) Have knowledge of STEP activities, work
			 conducted by STEP biologists, volunteers, and partner organizations;
(C) Be in good standing with the Department's
			 Statewide Volunteer Program;
(D)
			 Complete required trainings and adhere to the Department's Volunteer Code of
			 Conduct;
(E) Represent the regional
			 and statewide interests of the program and volunteers; and
(F) Investigate topics of importance to STEP
			 and develop recommendations.
(e) Members of the Committee will represent
			 the following regions:
(A) North
			 Coast;
(B) Mid-Coast;
(C) South Willamette Valley;
(D) North Willamette Valley;
(E) Coos-Coquille-Tenmile;
(F) Umpqua;
(G) South Coast;
(H) Upper Rogue; and
(I) Eastern Oregon.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0097 - Committee Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Committee meetings are public meetings and must be conducted in compliance with
			 requirements of the Oregon Public Meetings Law, ORS
			 192.610 et seq.
(2) The Committee will meet no less than
			 twice each calendar year to carry out the business of the Committee.
Statutory/Other Authority: ORS
				  496.138 & ORS
				  496.146
Statutes/Other Implemented: ORS
				  496.460 & ORS
				  192.610 - ORS
				  192.695
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0100 - Salmon and Trout Enhancement Program Policy and Goals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is the policy of the Fish and Wildlife
			 Commission, in carrying out the provisions of ORS
			 496.430, et seq., that the STEP
			 shall be conducted to benefit all users of the salmon and trout resources of
			 this state.
(2) STEP goals are:
(a) Provide the greatest possible opportunity
			 for citizen volunteer participation in achieving the Department's management
			 objectives;
(b) Rehabilitate and
			 enhance natural habitat of salmon and trout;
(c) Rehabilitate and enhance populations of
			 salmon and trout; and
(d) Support
			 and promote an education program to increase the public's understanding of
			 Oregon's aquatic resources and the environment.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0105 - Salmon and Trout Enhancement Program Community Advisors

Current through Register Vol. 63, No. 7, July 1, 2024
As identified in ORS
				496.445, the Department will
				assist citizen volunteers with implementation of STEP. A STEP coordinator and
				STEP biologist shall act as community advisors to:
(1) Provide technical assistance, education,
			 and training to citizens responsible for implementation of enhancement
			 projects;
(2) Cooperatively develop
			 enhancement projects with citizen volunteers;
(3) Review projects to ensure compliance with
			 applicable rules, plans, and policies;
(4) Coordinate the implementation of
			 enhancement projects with the activities of the Department and other
			 agencies;
(5) Provide educational
			 and informational materials to promote public awareness and involvement in the
			 STEP;
(6) Supervise the activities
			 of citizens undertaking enhancement projects;
(7) Evaluate enhancement projects with the
			 citizens responsible for project implementation;
(8) Coordinate grants of funds to citizens
			 for the implementation of approved enhancement projects from such moneys as may
			 be available; and
(9) Provide
			 educational and informational materials, and organize events, to increase the
			 public's understanding of Oregon's aquatic resources and the
			 environment.
Statutory/Other Authority: ORS
				  496.138 & ORS
				  496.146
Statutes/Other Implemented: ORS
				  496.445
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0106 - STEP Volunteers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Citizens and groups assisting with implementation of STEP projects are subject
			 to the Department's policies governing volunteers.
(2) The Department will provide training as
			 outlined in OAR 635-007-0506 and
			 635-007-0548.
Statutory/Other Authority: ORS
				  496.138 & ORS
				  496.146
Statutes/Other Implemented: ORS
				  496.440 & ORS
				  496.445
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0107 - Propagation of Fish Through STEP

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The use of hatchery programs through STEP is important to provide citizen
			 volunteer participation (ORS
			 496.440) and provide optimum
			 fishery (ORS 506.109) and conservation
			 benefits.
(2) All STEP
			 hatchery-related projects and associated propagation of fish must comply with
			 the Department's Hatchery Management Policy OAR
			 635-007-0542 through
			 635-007-0548.
(3) All STEP propagation projects must be
			 implemented consistent with:
(a) The Native
			 Fish Conservation Policy outlined in OAR
			 635-007-0502 through
			 635-007-0509;
(b) The Fish Health Management Policy
			 outlined in OAR 635-007-0965 through
			 635-007-0995; and
(c) The Climate and Ocean Change Policy
			 outlined in OAR 635-900-0001 through
			 635-900-0020.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0110 - Salmon and Trout Enhancement Program Project Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department,
			 any citizen, or group of citizens, may propose a project for implementation
			 under STEP. Projects may include but are not limited to:
(a) Improvements to aquatic habitats to
			 provide resilience for expected future conditions;
(b) Stocking or acclimation of
			 Department-sponsored fish releases;
(c) Monitoring or research of fish
			 populations, habitats, and water conditions over time;
(d) Education and outreach to inform the
			 public about salmon, trout, and their habitats and opportunities to get
			 involved through STEP including educational classroom incubators in which no
			 more than 500 eggs may be incubated as an educational tool (all release
			 locations must be approved by the Department); and
(e) Propagation projects including harvest
			 hatchery, conservation hatchery, egg incubation, and rearing, acclimation, and
			 release of fish.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0115 - Salmon and Trout Enhancement Program Project Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department's approval will be based
			 on whether the project complies with Department policies, fish management goals
			 and objectives, including, as applicable, the criteria identified in OAR
			 635-009-0107.
(2) All projects, prior to commencing, must
			 be approved in writing by the Department.
(3) Approval of projects shall be for a time
			 period determined by the Department based on the type of project.
(4) Project proposals will be evaluated by
			 the Department prior to approval to determine that:
(a) The proposal is consistent with relevant
			 conservation plans developed under the Native Fish Conservation Policy (OAR
			 635-007-0502 through
			 635-007-0509);
(b) The proposal is based on sound biological
			 principles and uses appropriate methods to accomplish the project
			 objectives;
(c) Releases from a
			 Fish Propagation project shall not exceed 100,000 fish of each species, unless
			 authorized by the Commission or a Commission-adopted plan;
(d) The potential impact on all fish species,
			 the environment, and contribution to the resource are acceptable;
(e) Prior to operation, all required federal,
			 state, and local permits have been obtained;
(f) Prior to operation, any required fish
			 screen, disease control mechanisms, and isolation facilities will be in place
			 and operating;
(g) The fish and egg
			 production meets criteria shown in previously-approved programs for release
			 size, time, and mark rate, and disease control regulations will be met;
			 and
(h) The applicant has
			 sufficient resources available to ensure continued successful operation of the
			 project and, when applicable, adequate husbandry of fish.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0120 - Salmon and Trout Enhancement Program Revocation or Amendment of Project Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may revoke or amend its approval of a STEP project if it determines:
(a) The project applicant engaged in or is
			 undertaking an activity inconsistent with all provisions of approval, including
			 those identified in OAR
			 635-009-0115;
(b) There has been a violation of any term or
			 condition imposed on the project by the Department, including failure to
			 cooperate or participate with the Department's Volunteer Code of Conduct;
			 or
(c) There are not sufficient
			 moneys available to fund the Department's continued involvement in the
			 project.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0150

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  496.138 & ORS
				  506.119
Stats. Implemented: ORS
				  496.146 & ORS
				  506.124
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0200 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules guide the operation and project selection of the
				Fish Restoration and Enhancement Program as authorized under ORS
				496.280 through
				496.291.
Statutory/Other Authority: ORS 512
Statutes/Other Implemented: ORS
				  512
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0205 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions shall apply:
(1) "Board" means the Fish Restoration and
			 Enhancement Board appointed by the Commission.
(2) "Commission" means the Oregon Fish and
			 Wildlife Commission.
(3)
			 "Department" means the Oregon Department of Fish and Wildlife.
(4) "Director" means the Director of the
			 Oregon Department of Fish and Wildlife.
(5) "Enhancement Project" includes:
(a) Angler Access;
(b) New fishways and screens;
(c) Habitat;
(d) New hatchery equipment and
			 technology;
(e) Public
			 education;
(f) Aquatic
			 inventories.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0210 - Fish Restoration and Enhancement Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Fish Restoration and Enhancement
			 Board shall:
(a) Review and evaluate proposed
			 projects;
(b) Consult with the
			 internal review team;
(c) Recommend
			 fish restoration and enhancement projects to the Commission consistent with
			 available funds.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0215 - Regional Advisory Councils

Current through Register Vol. 63, No. 7, July 1, 2024
Reserving number.
Statutory/Other Authority: ORS 512
Statutes/Other Implemented: ORS
				  512
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0220 - Project Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 public, or private nonprofit organization may propose a project for
			 funding.
(2) Proposed projects
			 shall be submitted to the Board in writing and on forms provided by the
			 Department.
(3) Except as allowed
			 by the Board, a separate application is required for each proposed project or
			 project site.
(4) Each project must
			 have explicit goals, methods of achievement, beginning and ending date,
			 estimated cost and estimate of contribution to recreational andcommercial
			 fisheries.
(5) Incomplete
			 applications may be returned to the project sponsor for completion.
(6) Project proposals for STEP projects shall
			 be accompanied by an approved STEP Project Proposal form or confirmation from
			 the Department that it is an approved STEP activity.
(7) The Department, Board or Commission may
			 require any additional information it deems necessary in order to evaluate the
			 project proposal.
Statutory/Other Authority: ORS 512
Statutes/Other Implemented: ORS
				  512
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0225 - Evaluation of Projects Submitted for Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All projects shall be evaluated by the
			 Board and Internal Review Team for consistency with fish management goals and
			 objectives as set forth in OAR
			 635-007-0501 through
			 635-007-0830, and species management plans, as applicable, adopted by the
			 Commission.
(2) A project shall not
			 be recommended for funding if, based on review by the Department or the Board,
			 the project:
(a) Is inconsistent with the
			 intent of ORS 496.280 through
			 496.291;
(b) Is contrary to sound biological
			 principles;
(c) Proposes to use
			 inappropriate methods to accomplish project objectives;
(d) Is inconsistent with state land use
			 planning goals and local acknowledged land use plans;
(e) Violates goals, policies, rules, species
			 or basin management plans adopted by the Commission.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0230 - Commission Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission shall review the Board's recommendations, and may approve or
			 disapprove any or all projects recommended for funding.
(2) No project may commence without the
			 Board's recommendation and prior approval by the Commission.
(3) The Commission may attach terms and
			 conditions to project approval as it deems necessary to ensure the project
			 meets the requirements of subsection (2) of OAR
			 635-009-0225 or other laws and
			 regulations.
Statutory/Other Authority: ORS 512
Statutes/Other Implemented: ORS
				  512
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0235 - Revocation of Project Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Commission may revoke its approval of a project if, after consultation with
			 the Board, it determines that:
(a)
			 Implementation of the project has exceeded or is inconsistent with the approved
			 project proposal; or
(b) The
			 project sponsor has violated any term or condition imposed on the project;
			 or
(c) Continued operation of the
			 project may adversely affect fish populations in, above, or below the project
			 site; or
(d) The project does not
			 meet its proposed objectives; or
(e) The project is inconsistent with current
			 Department goals, policies or management plans.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0240 - Grant Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Project
			 sponsors, other than the Department, shall enter into a Grant Agreement with
			 the Department prior to undertaking the project. The project sponsor shall
			 obtain all necessary water rights, access agreements, easements, use permits or
			 any other permits needed to undertake the project. Copies shall be provided
			 prior to commencing the project.
(2) No funds shall be disbursed under a Grant
			 Agreement until the Department receives satisfactory evidence that necessary
			 permits and licenses have been granted and required documents
			 submitted.
(3) Advance funds may be
			 released upon presentation of a detailed estimate of expenses for a time period
			 specified in the Grant Agreement. No additional funds will be released until
			 all receipts for expenditures of a previous fund release are
			 submitted.
(4) The project sponsor
			 shall account for funds distributed by the Department, using project expense
			 forms provided by the Department. Funds may be released upon presentation of a
			 completed Fund Release Request Form accompanied by proof of completion of
			 specific work elements of the project as identified in the Grant Agreement.
			 Proof of completion may be made through presentation of paid receipts of
			 invoices for materials of contracted labor, or inspection reports.
(5) The project sponsor shall agree to
			 complete the project as approved by the Commission and within the time frame
			 specified on the Grant Agreement.
(6) The project sponsor shall file a written
			 request for permission to amend or expand the project or the time schedule
			 including the rationale for the requested change. Proposed modifications shall
			 be submitted and approved prior to the beginning of any work proposed in the
			 modification.
(7) The project
			 sponsor shall submit a project report at the completion of the project
			 describing the work done.
(8) The
			 project sponsor shall allow Commission, Board members, or Department staff,
			 access to the project to monitor and evaluate the project.
(9) The project sponsor shall maintain the
			 project for a period of time as deemed appropriate by the Commission.
Statutory/Other Authority: ORS 512
Statutes/Other Implemented: ORS
				  512
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0400 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These Rules
			 guide the operation and project selection of cooperative salmon hatchery
			 projects.
(2) The purpose of these
			 rules is to describe policies, standards, and procedures concerning:
(a) Application for cooperative salmon
			 hatchery projects;
(b) Evaluation
			 of applications for cooperative salmon hatchery projects;
(c) Operation of cooperative salmon hatchery
			 projects, including changes in operation and termination;
(d) Monitoring and evaluation of cooperative
			 salmon hatchery projects;
(e)
			 Disposal of fish and fish products produced by cooperative salmon hatchery
			 projects;
(f) Duties and
			 responsibilities of cooperators in cooperative salmon hatchery
			 projects;
(g) Effects on native
			 fish populations of the project.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0405 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions shall apply to cooperative salmon
				hatchery projects:
(1) Definitions
			 listed in OAR 635-007-0501.
(2) "Acclimation" means to hold juvenile fish
			 at a site other than where they were reared, for a specified length of time
			 immediately prior to release at the site, in order to cause them to imprint on
			 and return to the site as adults.
(3) "Brood stock Development" means a project
			 in which adults will return to a recapture facility to provide a local brood
			 stock egg source for local management programs.
(4) "Commission" means the Oregon Fish and
			 Wildlife Commission.
(5)
			 "Cooperative Salmon Hatchery Project" means any fish propagation enhancement
			 project authorized under these rules in which the department and the project
			 sponsor share the costs and/or responsibilities of fish propagation.
(6) "Cooperator" means party participating in
			 a cooperative salmon hatchery project.
(7) "Department" means the Oregon Department
			 of Fish and Wildlife.
(8)
			 "Enhancement" means management activities including rehabilitation and
			 supplementation that increase fish production beyond the existing
			 levels.
(9) "Fish Propagation"
			 means the spawning, incubating, and/or rearing of fish by a human for sale,
			 release, or other uses.
(10) "Life
			 cycle" means:
(a) Coho salmon -- three years;
(b) Chinook salmon -- five
			 years;
(c) Chum salmon -- four
			 years.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0410 - Policy and Goals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department recognizes natural production, public hatchery, STEP, and
			 cooperative hatchery production as necessary and critical elements in the
			 state's salmon production system in order to provide harvest opportunities for
			 Oregon's citizens.
(2) Cooperative
			 salmon hatchery project goals are:
(a)
			 Provide the greatest possible opportunity for citizen participation in
			 achieving the department's management objectives;
(b) Promote local economic development and
			 enjoyment of the state's salmon resource by all the citizens of
			 Oregon;
(c) Provide for harvest
			 opportunities and local production needs;
(d) Protect and restore natural populations
			 of salmon through the use of hatchery technology where appropriate;
(e) Develop new sources of revenue or support
			 for production of hatchery salmon in Oregon.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0415 - Project Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Duration.
(a) All cooperative salmon hatchery
			 projects are subject to an annual review. Projects may be approved for the
			 following length of time:
(A) Rehabilitation
			 project:
(i) Coho salmon -- three
			 years;
(ii) Chinook salmon -- five
			 years;
(iii) Chum salmon -- four
			 years.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0420 - Project Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 public, private nonprofit, or STEP organization may propose a cooperative
			 salmon hatchery project to the department. Projects may include but are not
			 limited to: fish propagation, brood stock development, acclimation, and fish
			 stocking.
(2) Proposed projects
			 shall be submitted in writing on forms provided by the department.
(3) A separate application is required for
			 each proposed project or project site.
(4) The department may assist in the
			 development of project applications.
(5) Project applications shall include:
(a) Project Summary -- Including a list of
			 cooperators, name and phone number of contact person for each cooperator,
			 proposed funding source, and project goals;
(b) Project Description -- Including
			 enhancement goal (rehabilitation or supplementation), type of project (fish
			 propagation, brood stock development, acclimation, or fish stocking), location
			 and physical layout of the facility, water supply (source, quantity, presence
			 or absence of fish, and manner of access), proposed production (species, stock,
			 number of fish, and release location), and expected duration of project
			 (ongoing or beginning and ending dates);
(c) Project Justification -- Including need
			 for project, expected costs and benefits of project, expected local
			 consequences (positive or negative) of project (biological, social, and
			 economic), and local support for project;
(d) A copy of all leases, options, easements,
			 or other instruments by which project sponsor purports to have sufficient
			 property rights pertaining to the proposed site to permit conduct of the
			 proposed operation;
(e) A copy of
			 all federal, state, and local licenses or permits required to permit conduct of
			 the proposed operation;
(f) A
			 statement from the appropriate local planning authorities of the county or
			 other jurisdiction within which the proposed hatchery or release site is
			 located, analyzing whether or not, in the opinion of the local jurisdiction,
			 the proposed operation is in compliance with the local jurisdiction's
			 comprehensive land-use plan and other applicable laws.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0425 - Project Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Completed applications will be reviewed by the department. As part of the
			 review the department will solicit public review and comments on the
			 application. The department will determine the method of soliciting public
			 review and comments, which may include local public notice and/or local public
			 meeting.
(2) In determining whether
			 to accept or reject a proposed project the department shall consider but is not
			 limited to considering:
(a) Compliance with
			 fish management goals and objectives as set forth in OAR
			 635-007-0501 through OAR
			 635-007-0830, and species and/or area management plans adopted by the
			 commission;
(b) Compliance with OAR
			 635-040-0200 through OAR
			 635-040-0210 for projects
			 involving net pens or cage-culture;
(c) The department's ability to fulfill its
			 obligations under the project (including funding, staffing, equipment, and
			 facilities);
(d) The project
			 sponsor's ability to fulfill its obligations under the project (including
			 funding, staffing, equipment, and facilities);
(e) Availability of eggs or fish from an
			 approved stock for project needs;
(f) Effect of the project on other department
			 management activities;
(g) Analysis
			 of the benefits and costs of the proposed project;
(h) Evidence of local need and
			 support;
(i) Use of sound
			 biological principles, appropriate methods, and hatchery practices to
			 accomplish the project objectives;
(j) The department's sole judgment as to the
			 benefits of the project when considered on its own as well as in the context of
			 other activities in the basin;
(k)
			 Public review and comments.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0430 - Project Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following
			 completion of the project application review (OAR
			 635-009-0425) the department
			 shall advise the project sponsor in writing of the department's acceptance,
			 rejection, or referral to the commission of the proposed cooperative salmon
			 hatchery project. The notification of rejection shall include the reason(s) for
			 rejection.
(2) At the written
			 request of any person, including but not limited to the project sponsor, the
			 commission may review the department's decision to accept or reject a project.
(a) The written request for commission review
			 shall address the factors listed in OAR
			 635-009-0425 and any other
			 concerns which the requester considers relevant;
(b) If the commission chooses to review the
			 department's decision it shall provide an opportunity for public testimony
			 before making a decision.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0435 - Memorandum of Understanding

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prior to commencing any cooperative salmon hatchery project a memorandum of
			 understanding shall be signed by all cooperators to the project. The memorandum
			 of understanding shall include:
(a) A Plan of
			 Operation governing fish propagation activities including:
(A) Project goals and duration;
(B) Species and brood stock approved for the
			 project;
(C) Number of fish to be
			 released;
(D) Location of rearing
			 and release of project fish;
(E)
			 Acclimation requirements if rearing and release location are not the
			 same;
(F) Release date(s) and size
			 at release;
(G) Disease inspection
			 and monitoring requirements;
(H)
			 Type of mark and number of fish to be marked;
(I) Fish transportation needs;
(J) Needs for recapture and egg-take from
			 returning adults;
(K) Schedule of
			 routine fish culture practices including: feeding schedule, pond cleaning
			 schedule, schedule for removal and recording of mortalities, length and weight
			 sampling schedule, pre-release sampling schedule.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0440 - Disposal of Fish and Fish Products

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All fish produced as a result of a
			 cooperative salmon hatchery project remain the property of the State of Oregon
			 and are subject to harvest in any and all public fisheries.
(2) All fish returning to a cooperative
			 salmon hatchery project must be handled and/or disposed of as directed by the
			 department.
(3) Fish and eggs
			 collected at a cooperative salmon hatchery project site are subject to the
			 following priorities for use:
(a) Natural and
			 artificial production needs of the department;
(b) Needs of the STEP program;
(c) Needs of the cooperative salmon hatchery
			 program;
(d) Indian ceremonial
			 needs pursuant to ORS
			 496.201 to ORS
			 496.221.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0445 - Increases in Releases for Approved Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department may approve increases in
			 the number of fish released, based on the criteria set forth in OAR
			 635-009-0425(2),
			 provided that such increases are in compliance with OAR
			 635-009-0415(2).
(2) Increases shall be incremental. The level
			 shall be established in the memorandum of understanding. Each incremental
			 increase shall be separately monitored and evaluated before proceeding with
			 further increases.
Stat. Auth.: ORS
				  496.138 & ORS
				  506.119
Stats. Implemented: ORS
				  496.146 & ORS
				  506.124
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0450 - Project Suspension, Reduction, or Termination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At its discretion the department may
			 suspend, terminate, or alter the project because:
(a) Eggs or fish are not available;
(b) Funding, staffing, facilities, or
			 equipment is inadequate;
(c) Strays
			 exceed limits set in Wild Fish Management Policy (OAR 635-007-0525 through OAR
			 635-007-0529);
(d) Program poses a
			 disease risk to project fish or fish at rearing or release site;
(e) Adverse impacts on ecology of native fish
			 or food organisms;
(f) Project
			 fails to meet project goals;
(g)
			 The project has exceeded the scope of the approved project proposal or
			 memorandum of understanding;
(h)
			 Violation of local, state, or federal laws, licenses, or permits, project
			 conditions or restrictions, or any policies or rules of the
			 department.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 9 - SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM › Section 635-009-0455 - Ongoing Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 635-009-0420 through OAR
			 635-009-0435 do not apply to
			 cooperative projects existing as of December 31, 1996, as approved on or before
			 that date.
(2) Any increases in
			 releases for projects excluded under section (1) of this rule shall occur only
			 in compliance with these rules (OAR
			 635-009-0400 through OAR
			 635-009-0455).
Stat. Auth.: ORS
				  496.138 & ORS
				  506.119
Stats. Implemented: ORS
				  496.146 & ORS
				  506.124
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 10 - LICENSING - PROCEDURES FOR ESTABLISHING, OPERATING, DISCONTINUING AND SUSPENDING LICENSES AND AGENTS › Section 635-010-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules is to define and describe key elements of licensing for the
			 Department of Fish and Wildlife.
(2) In addition to these rules, rules
			 defining the process to determine license availability, controlled hunt
			 processes, landowner, guide and special hunt processes, including associated
			 license fees and process are contained in additional divisions of OAR
			 635.
(3) Proof of license, permit,
			 stamp, tag or other document issued by the Department for recreational use is
			 sufficient to establish compliance with the requirement to carry said documents
			 and have in possession at the time of hunting or angling. Proof of license or
			 other privilege issued by the Department can be either electronic or in hard
			 copy for purposes of establishing compliance with the requirement to carry said
			 documents and have them in possession at the time of hunting or angling. Any
			 documents in possession, either electronic or in hard copy, must be accessible
			 immediately upon request by department staff or law enforcement.
Statutory/Other Authority: ORS 496, ORS 497, ORS 498
Statutes/Other Implemented: ORS 496, ORS 497, ORS
				  498
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 10 - LICENSING - PROCEDURES FOR ESTABLISHING, OPERATING, DISCONTINUING AND SUSPENDING LICENSES AND AGENTS › Section 635-010-0004 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Commission"
			 means the Oregon Fish and Wildlife Commission.
(2) "Department" means the Oregon Department of Fish and
			 Wildlife.
(3) "Licensing Document"
			 means any license, tag, validation, permit, raffle ticket, application or
			 contribution sold by the Oregon Department of Fish and Wildlife.
(4) "License Agent" means any individual,
			 partnership or corporation approved by the Department for the sale of its
			 documents.
(5) "Mail Order
			 Application" means a request for documents on the form provided in the big
			 game, angling or bird regulations, or a hand written request for
			 documents.
(6) "Uniformed
			 Services" means Army, Navy, Air Force, Marine Corps and Coast Guard, or their
			 reserve components; the National Guard or Oregon National Guard, commissioned
			 corps of the National Oceanic and Atmospheric Administration, and the Public
			 Health Service of the United States Department of Health and Human Services
			 detailed with the Army or Navy.
Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 &
				  497
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 10 - LICENSING - PROCEDURES FOR ESTABLISHING, OPERATING, DISCONTINUING AND SUSPENDING LICENSES AND AGENTS › Section 635-010-0006 - Eligibility; Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person in retail sales within the
			 State of Oregon may apply to become a license agent for the Department.
			 Out-of-State license agents may only sell the Prepaid Daily Angling
			 licenses.
(2) An applicant for
			 appointment as a license agent must comply with the following requirements:
(a) An individual must be at least 18 years
			 of age;
(b) Not be engaged
			 exclusively in selling licensing documents;
(c) Not have been convicted of a violation of
			 any wildlife related laws;