Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 7 - FISH MANAGEMENT AND HATCHERY OPERATION › Section 635-007-0501 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this Division and Division 40:
(1) "Anadromous" means fish which migrate
			 from saltwater to freshwater for spawning.
(2) "Aquaria species" means those fish
			 legally acquired and sold in the pet store trade for use in home aquaria,
			 except game fish, sturgeon, state or federally protected threatened and
			 endangered species and those species listed as Prohibited or Controlled.
			 "Aquaria" are any tanks, pools, ponds, bowls or other containers intended for
			 and capable of holding or maintaining live fish and from which there is no
			 outfall to any waters of this state.
(3) "Aquatic habitat" means the waters which
			 support fish or other organisms which live in water and which includes the
			 adjacent land area and vegetation (riparian habitat) that provides shade, food,
			 and/or protection for those organisms.
(4) "Area" means a stream, a lake, a group of
			 streams or lakes, or a portion of the ocean managed for or with a common stock
			 of fish, or for protection of a stock or stocks of fish.
(5) "Biological requirements" refers to those
			 environmental conditions such as water quality, water quantity, and available
			 food that are necessary for fish to grow and/or reproduce.
(6) "Brood stock" means a group of fish,
			 generally from the same population, that are held and eventually artificially
			 spawned to provide a source of fertilized eggs for hatchery programs.
(7) "Brood year" means the year in which more
			 than fifty percent of the adults in a population of fish spawn.
(8) "Commission" means the Oregon Fish and
			 Wildlife Commission.
(9)
			 "Compensation" means activities that replace fish, or their habitat lost
			 through development or other activities.
(10) "Conservation" means managing for
			 sustainability of native fish so that present and future generations may enjoy
			 their ecological, economic, recreational, and aesthetic benefits.
(11) "Cooperative Salmon Hatchery Project"
			 means a fish propagation enhancement project authorized under OAR
			 635-009-0400 through
			 635-009-0455.
(12) "Department" means the Oregon Department
			 of Fish and Wildlife.
(13)
			 "Depressed" means below established goal such as a fish production or
			 escapement goal shown in a management plan or below the level of production or
			 escapement that the Commission determines to be an optimal level.
(14) "Disease" means problems caused by
			 infectious agents, such as parasites or pests, and by other conditions that
			 impair the performance of the body or one of its parts.
(15) "Disease agent" means an organism that
			 is detrimental to fish.
(16)
			 "Endemic disease" means a disease commonly detected in a population of
			 naturally produced native fish.
(17) "Enhancement" means management
			 activities including rehabilitation and supplementation that increase fish
			 production beyond the existing levels.
(18) "Export" means to transport any fish or
			 eggs out of state.
(19) "Facility
			 Manager" means hatchery manager, owner or person responsible for compliance
			 with these rules.
(20) "Fish" means
			 all game fish as defined by ORS
			 496.009 and food fish as defined
			 by ORS 506.036, which live or could
			 live in the waters of this state.
(21) "Fish Hatchery" means a facility at
			 which adult broodstock are held, or where eggs are collected and incubated, or
			 where eggs are hatched, or where fish are reared.
(22) "Fry" means fish which have recently
			 hatched and have not fed.
(23)
			 "Foreign" means fish which originate through human intervention from a
			 different population.
(24) "Genetic
			 engineering" means the introduction of genetic material into an organism's
			 genotype through molecular genetics techniques.
(25) "Genetic Resources" means the kind and
			 frequency of genes found within a population or collection of
			 populations.
(26) "Genotype" means
			 the kinds of and the combination of genes possessed by an individual.
(27) "Goal" means a statement of intent which
			 leads to policy, rules, and operation plans for implementation of a Department
			 Program.
(28) "Hatchery produced
			 fish" means a fish incubated or reared under artificial conditions for at least
			 a portion of its life.
(29)
			 "Hatchery production system" means the fish, facilities and operations
			 associated with collecting, spawning, incubating, rearing, distributing and
			 releasing hatchery produced fish.
(30) "Hatchery Program" means a program in
			 which a specified hatchery population is planted in a specified geographical
			 location.
(31) "Hold fish" means to
			 capture and/or remove live fish in or from the waters of this state and/or
			 maintain live fish in captivity but does not include fish held live for less
			 than one day for examination and release without transfer from the waters where
			 caught or collected.
(32) "Import"
			 means to transport fish or eggs into the state.
(33) "Indigenous" means descended from a
			 population that is believed to have been present in the same geographical area
			 prior to the year 1800 or that resulted from a natural colonization from
			 another indigenous population.
(34)
			 "Marine species" means those fish found in the ocean or the saline or brackish
			 water of estuaries or bays along the coast, but not generally found in
			 freshwater streams.
(35)
			 "Mitigation" means to lessen the impact of activities or events that cause fish
			 or habitat loss.
(36) "Native fish"
			 means indigenous to Oregon, not introduced. This includes both naturally
			 produced and hatchery produced fish.
(37) "Naturally produced" means fish that
			 reproduce and complete their full life cycle in natural habitats.
(38) "Naturally Spawned" means fish produced
			 in the natural environment as the result of natural reproduction.
(39) "Natural production system" means the
			 fish and environment associated with completing the life-cycles of naturally
			 produced fish populations.
(40)
			 "Nongame Fish" means any fish other than those specifically defined as game
			 fish in ORS 496.009.
(41) "Operation plan" means an action plan
			 developed by the Department that generally addresses how the objectives in a
			 management plan for harvest or production of a species shall be
			 attained.
(42) "Optimum" means the
			 desired fish production level as stated in management plans or set by specific
			 Commission action.
(43) "Phenotype"
			 means any characteristic of an organism that is determined by the organism's
			 genes, genotype and the environment.
(44) "Policy" means mandatory direction or
			 constraints that provide the framework for Department programs.
(45) "Population" means a group of fish
			 originating and reproducing in a particular area at a particular time which do
			 not interbreed to any substantial degree with any other group reproducing in a
			 different area or in the same area at a different time.
(46) "Presmolt" means a juvenile anadromous
			 fish which has fed and reared but is not yet a smolt.
(47) "Production" means the number or pounds
			 of fish raised in a hatchery or resulting from natural spawning and rearing in
			 freshwater, estuarine, or ocean habitats; also used in reference to
			 harvest.
(48) "Propagation of fish"
			 means the spawning, incubating, and/or rearing of fish by a human for sale,
			 release or other uses.
(49) "Random
			 mortality" means fish mortality that generally does not affect the genotypic or
			 phenotypic traits of fish populations.
(50) "Rehabilitation" means short-term
			 management actions which may include fish stocking, habitat improvement,
			 harvest management, or other work, that restore fish populations depressed by
			 natural or man-made events.
(51)
			 "Release" means liberating fish or allowing fish to move into waters of the
			 state.
(52) "Risk" means the extent
			 to which, a management practice may reduce population productivity or cause an
			 undesirable change in genetic characteristics of a population.
(53) "Sensitive" means those fishes that have
			 been designated for special consideration pursuant to OAR
			 635-100-0040.
(54) "Selective mortality" means fish
			 mortality that generally affects the genotypic and phenotypic traits of fish
			 populations.
(55) "Serious
			 depletion" means a significant likelihood that the species management unit will
			 become threatened or endangered under either the state or federal Endangered
			 Species Act.
(56) "Significant or
			 substantial" means a condition of sufficient magnitude such that it is likely
			 to influence continued natural production at optimum levels.
(57) "Smolt" means a juvenile salmon or trout
			 that is capable of initiating a seaward migration and is capable of living in
			 the sea.
(58) "Species" means any
			 group or population that interbreeds and is substantially reproductively
			 isolated.
(59) "Species
			 hybridization" means the crossing of two different taxonomic species.
(60) "Species management unit" means a
			 collection of populations from a common geographic region that share similar
			 genetic and ecological characteristics.
(61) "STEP" means Salmon Trout Enhancement
			 Program.
(62) "Stock" means an
			 aggregation for management purposes of fish populations which typically share
			 common characteristics such as life histories, migration patterns, or
			 habitats.
(63) "Stray" means a
			 hatchery fish that spawns naturally in a location different from the location
			 intended when the fish was stocked.
(64) "Supplementation" means continued
			 planting of fish to maintain or increase fish abundance in areas where natural
			 production is insufficient to meet management objectives.
(65) "Sustainable" means persistence over
			 time, that is to say the ability of a population or a species management unit
			 to maintain temporal, spatial, genetic, and ecological coherence while
			 withstanding demographic, environmental, and genetic variation and catastrophic
			 events from natural and human induced causes.
(66) "Taxonomic species" means a group of
			 fish that have been assigned a scientific name in the form of genus and species
			 by the American Fisheries Society Committee on Common and Scientific Names of
			 Fishes.
(67) "Transfer" means
			 moving fish from one facility to another or to waters of the state.
(68) "Transgenic fish" means fish that have
			 genes or groups of genes that have been transferred from another organism
			 through the process of genetic engineering.
(69) "Wild fish" means any naturally spawned
			 fish in the taxonomic classes, Agnatha, Chondrichthyes, and Osteichthyes,
			 belonging to an indigenous population.
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