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State
Oregon Regulations
CHAP 635 DEPARTMENT OF FISH AND WILDLIFE DIVISION 1 ADMINISTRATION




The Oregon Administrative Rules contain OARs filed through July 14, 2006

DEPARTMENT OF FISH AND WILDLIFE

DIVISION 1

ADMINISTRATION

Procedural Rules

635-001-0000

Notification of Interested Persons of Proposed Rules

Prior to the adoption, amendment, or repeal of any permanent rule, the Department shall give notice of the proposed action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days prior to the effective date.

(2) By mailing a copy of the notice to persons on the Agency's mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule.

(3) By mailing or furnishing a copy of the notice to the Associated Press.

Stat. Auth.: ORS 183.335 & ORS 183.360
Stats. Implemented: ORS 183.335 & ORS 183.360
Hist.: FWC 35, f. & ef. 1-13-76, Renumbered from 630-001-0000; FWC 81-1994, f. & cert. ef. 10-26-94

635-001-0005

Model Rules of Procedure

Pursuant to ORS 183.341, the Oregon Department of Fish and Wildlife hereby adopts the Model Rules of Procedure as promulgated by the Attorney General under the Administrative Procedures Act, dated January 1, 2006.

[ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or the Department of Fish and Wildlife.]

Stat. Auth.: ORS 183.341(2)
Stats. Implemented: ORS 183.341
Hist.: GC 86, f. 8-26-58; GC 249, f. & ef. 12-1-71; GC 266, f. 10-18-73, ef. 11-11-73; FWC 25, f. & ef. 11-28-75, Renumbered from 630-001-0005; FWC 8-1978, f. & ef. 3-7-78; FWC 3-1981, f. & ef. 1-21-81; FWC 2-1982, f. & ef. 1-11-82; FWC 64-1983, f. & ef. 11-17-83; FWC 21-1986, f. & ef. 6-20-86; FWC 112-1991, f. & cert. ef. 9-30-91; FWC 28-1992, f. & cert. ef. 4-22-92; FWC 8-1994, f. & cert. ef. 2-7-94; DFW 1-2002, f. & cert. ef. 1-3-02; DFW 83-2003, f. & cert. ef. 8-28-03; DFW 50-2004, f. & cert. ef. 6-2-04; DFW 4-2006, f. & cert. ef. 2-15-06

635-001-0007

Model Public Contract Rules

The Model Public Contract Rules, promulgated by the Attorney General, are hereby adopted as the rules of procedures for the Department of Fish and Wildlife.

Stat. Auth.: ORS 496.138 & ORS 496.146
Stats. Implemented: ORS 496.138 & ORS 496.146
Hist.: FWC 27-1992, f. 4-22-92, cert. ef. 4-23-92

635-001-0010

Legal Notice Mailing List and Fee

Any person requesting in writing to be placed on the mailing list (as required by subsection (6) of ORS 183.335) to receive copies of each Department of Fish and Wildlife notice of intended rule making action given pursuant to paragraph (a) of subsection (1) of ORS 183.335 and copies of each rule adopted, amended, or repealed as filed in the office of the Secretary of State pursuant to subsection (1) of ORS 183.355 shall be notified that prior to placement on such mailing list an annual fee of $25 is required to be remitted in advance to defray the costs of mailing and maintenance of mailing lists under subsection (6) of ORS 183.335.

Stat. Auth.: ORS 183
Stats. Implemented: ORS 183
Hist.: FWC 24, f. 11-28-75, ef. 1-1-76, Renumbered from 630-001-0010

635-001-0020

Commission Policy on Advisory Bodies

The Commission shall, consistent with state law:

(1) Consider appointment of minorities and women to fill vacancies so that advisory bodies are representative of the population served, to the extent possible.

(2) Develop a system of staggered terms of office in order to maintain continuity.

(3) Limit terms to four years, with no more than two consecutive terms to be served by any member, unless the Commission, for just cause, chooses to extend the number of said terms or term.

(4) Direct advisory bodies to establish minimum frequency for meetings and to establish a minimum attendance required by advisory body members. The Commission shall be notified of advisory body members who fail to meet the minimum attendance and may, at their discretion, remove advisory body members who fail to meet the attendance requirement.

(5) Notify advisory body members upon their appointment that they serve at the pleasure of the Commission.

Stat. Auth.: ORS 496.138
Stats. Implemented: ORS 496.085, ORS 496.228, ORS 496.460, ORS 506.465, ORS 508.755 & Section 11, Ch. 512, OL 1989
Hist.: DFW 89-1998, f. & cert. ef. 11-25-98

635-001-0025

Civil Damages

(1) It is the policy of the Commission that the Director may institute suit for the recovery of damages for the unlawful taking or killing of wildlife pursuant to ORS 496.705.

(2) In deciding whether to institute suit against a person convicted of unlawfully taking or killing wildlife, the Director may consider, but is not limited to, the following criteria:

(a) Whether the person was convicted of unlawfully taking or killing more than one game or furbearing mammal;

(b) Whether the person was convicted of selling or wasting the wildlife, or parts thereof, unlawfully taken or killed;

(c) Whether the person convicted has also been convicted of any previous violations of the wildlife laws or regulations promulgated pursuant thereto;

(d) Whether the violation for which the person was convicted occurred outside any authorized season for the species taken or killed; and

(e) Whether the cumulative value, as established by ORS 496.705, of the wildlife unlawfully taken or killed is equal to or greater than $100.

Stat. Auth.: ORS 496
Stats. Implemented: ORS 496
Hist.: FWC 15-1982, f. & ef. 3-5-82

635-001-0035

Sampling Data and Tag Recovery

It is unlawful for any person licensed by the Department of Fish and Wildlife to fail to comply with the directions of authorized Department personnel related to the collection of sampling data or material from salmon or other food fish. It is also unlawful for any such person to fail to relinquish to the Department any part of a salmon or other food fish containing coded-wire tags, including but not limited to, the snouts of those salmon that are marked by having clipped adipose fins.

Stat. Auth.: ORS 496 & ORS 506
Stats. Implemented: ORS 496 & ORS 506
Hist.: FWC 26-1983(Temp), f. 6-30-83, ef. 7-1-83; FWC 20-1984, f. & ef. 5-11-84

635-001-0050

License Refunds

Consistent with the authority to make refunds prescribed in ORS 293.445(2):

(1) License and tag refunds will be granted upon request only to a person furnishing satisfactory evidence to the Department that:

(a) More licenses or tags than necessary have been acquired;

(b) A higher fee than set by statute was paid for; or

(c) A license agency made an error.

(d) Death of a tag holder occurs before the opening of the season for which the tag was issued; only the tag fee shall be refunded. For the purpose of this rule the person in possession of the deceased's tag shall be presumed to be entitled to the refund.

(2) Where seasons have closed that affect a large number of license buyers and where other similar opportunities are not available, the Director may authorize a license refund for monies received by the state, which, in equity and good conscience, it is not entitled to.

(3) For the purpose of this rule in sections (4) and (5) of this rule, application fee is defined as that portion of the money paid for an application card representing the cost to administer the controlled hunt program; tag fee is defined as that portion of the money paid for an application card representing the value of a particular tag prior to the drawing.

(4) Application fee and tag fee refunds will be granted upon written request only to a person issued an application card in error by a license agency. The request must be accompanied by the license agency's written acknowledgement of error.

(5) Tag fee refunds will be granted upon written request only to a person that:

(a) Has requested a refund and is unsuccessful in or disqualified from the drawing (normal computer refund).

(b) Has an unused application card and returns the original application card to the Department.

(c) Has lost the original application card or it was destroyed or stolen. The original hunter receipt copy must be returned to the Department. If both application card and receipt copy are lost, the Department will issue a refund only if the remittance copy is located;

(d) Has lost or never received a refund check or the check was destroyed or stolen. A signed affidavit form is required.

(e) Originally donated the tag fee, but requests a refund within 15 days of the drawing date.

Stat. Auth.: ORS 293.445
Stats. Implemented: ORS 293.445
Hist.: FWC 79-1985, f. & ef. 12-11-85; FWC 25-1987, f. & ef. 6-11-87; FWC 81-1994, f. & cert. ef. 10-26-94

635-001-0060

Tribal I.D. in Lieu of Licenses

In accordance with ORS 497.170, tribal identification cards may be issued in lieu of Department-issued free hunting and fishing licenses for Columbia River Treaty Tribe members.

Stat. Auth.: ORS 497
Stats. Implemented: ORS 497
Hist.: FWC 102-1987, f. 12-16-87, ef. 1-1-88

635-001-0100

Definition

For the purpose of ORS 498.279, "competition or contest in which prizes are offered" means any event where the total value of all cash or merchandise awards exceeds $25.

Stat. Auth.: ORS 183, ORS 299 & ORS 496
Stats. Implemented: ORS 183, ORS 299 & ORS 496
Hist.: FWC 3-1982, f. & ef. 1-11-82; FWC 96-1987, f. & ef. 11-17-87

635-001-0105

Bass and Walleye Fishing Tournaments

Black bass or walleye fishing tournaments are subject to provisions of ORS 498.279 and the following rules:

(1) Permit Application and Processing; General Provisions.

(a) Requests for tournament permits, other than those specified in (2)(c), will be processed in order of time of receipt at an ODFW office beginning December 15 of the year proceeding the year in which the proposed tournament will be held.

(b) Parties requesting conflicting tournaments are encouraged to resolve the conflict among themselves. Parties may submit an amended tournament request that resolves conflicts among competing applicants that reserves the priority date of the original requests.

(c) At the request of the Commission, the sponsor of the event shall report the results of the event to the Commission, on a form provided by the Commission not later than 30 days after the end of the event.

(d) The Commission may order closure of any waters to competitions or contests when the Commission considers such action necessary to protect wildlife resources.

(e) Live fish must be released in scattered locations at least one mile from the weigh-in site or at locations designated by ODFW. The tournament director or a designee may exceed possession limits for the purpose of transporting fish from the weigh-in site to release sites on the same water.

(f) No bass or walleye may be retained by tournament sponsors or participants after a tournament ends except as specified in subsection (1)(g).

(g) The tournament director may dispose of fish that die during or as a result of tournament activities in the following manner:

(A) donated in accordance with local bag and possession limits to individuals at the weigh-in site not participating in or with the tournament. The tournament sponsor must issue a receipt for donated fish that must stay with the fish. The receipt must include the name of the recipient and the species and number of fish donated;

(B) the tournament director may exceed the bag or possession limit in order to transport the fish to donate them in a manner detailed in OAR 635-002-0005.

(2) Large Tournaments.

(a) Large tournaments are those with more than 24 boats or 49 individuals participating.

(b) A permit from ODFW is required. Sponsors must apply for permits at least 30 days prior to the event. Permit applications must include a written description of the manner in which the competition or contest is to be conducted. Such description shall include the location, dates and times of the event, the maximum number of boats participating, the amounts of prizes, and the equipment and methods to be used by contestants to keep fish taken in a live and healthy condition. Permits must be in possession of the sponsor or a designated representative at the tournament location, and must be shown to OSP or ODFW employees on request.

(c) Requests for bass tournament permits from the annual tournament scheduling workshop sponsored by the Oregon Bass Federation submitted to the Department by December 31 for tournaments the following year will be given priority so long as that workshop is widely advertised and equally open to all persons desiring to participate.

(d) The frequency of bass tournaments and number of participants is limited. Surface areas of tournament waters will be based on Atlas of Oregon Lakes (OSU Press, 1985). (See Table 1). No more large competitions or contests for bass may be held on any particular body of water than provided by table 1, and no more often than once in any 13-day period except on the Columbia River downstream from Bonneville Dam, including the Willamette River upstream to Willamette Falls, and on Columbia River impoundments, where a competition or contest may not be held at launch sites less than 10 river miles apart more often than once in any 13-day period. Distance between launch sites will be determined from the River Mile Index for the Main Stem Columbia River (Hydrology Subcommittee of the Columbia Basin Inter-Agency Committee, 1962) and the Willamette River Recreation Guide (Oregon State Marine Board and Oregon Parks and Recreation Department, 1998).

(e) Not withstanding restrictions set forth in the Oregon Sport Fishing regulations published annually, the following catch and possession restrictions apply to participants in bass fishing tournaments. Participants competing as individuals may continue to fish while holding five bass of any size in the livewell, as long as one bass is released immediately upon catching a bass. Two person teams may continue to fish while holding 10 bass of any size in the livewell, regardless of the number of bass caught by each angler, as long as one bass is released immediately when either team member catches a bass. The released bass may be either the bass just caught, or from the livewell. However, if the number of participants on any single boat is three or more anglers, the possession limit per boat is limited to 10 bass of any size.

(f) Frequency of walleye tournaments is limited to one in each 13-day period, and the total number of tournaments is further limited as provided in Table 2, however, a competition or contest for walleye on the Columbia River downstream from Bonneville Dam, including the Willamette River upstream to Willamette Falls, and on Columbia River impoundments, may not be held at launch sites less than 10 river miles apart more often than once in any 13-day period. Distance between launch sites will be determined from the River Mile Index for the Main Stem Columbia River (Hydrology Subcommittee, 1962) and the Willamette River Recreation Guide (Oregon State Marine Board and Oregon Parks and Recreation Department, 1998).

(g) There is no limit on the number of participants in a walleye tournament.

(3) Small Bass or Walleye Tournaments.

(a) Small black bass or walleye fishing tournaments are those which have fewer than 50 participants and 25 participating boats.

(b) Sponsors must notify the local ODFW District fish biologist and OSP office of the location, date and time of the event at least 10 days prior to the commencement of the event.

(c) Tournament participant boats must be clearly marked as "Contestant" or "Tournament" in a manner visible without magnification from a minimum distance of 50 yards.

(d) Notwithstanding restrictions set forth in the Oregon Sport Fishing regulations published annually, the catch and possession restrictions in subsection (2)(e) of these rules apply to participants in small bass fishing tournaments.

[ED. NOTE: Tables and publications referenced are available from the agency.]

Stat. Auth.: ORS 498.118, 496.138 & 496.146
Stats. Implemented: ORS 498.279 & 498.284
Hist.: FWC 96-1987, f. & ef. 11-17-87; FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96; DFW 78-2001, f. & cert. ef. 8-24-01; DFW 127-2003, f. 12-11-03, cert. ef. 1-1-04

635-001-0116

Game Fish Tournaments

In accordance with ORS 498.286 (2), when a prize is offered that exceeds $1,000 for the amount, quality, size, weight or other physical characteristic of a game fish taken, other than black bass or walleye, the following restrictions apply:

(1) A permit from ODFW is required. Sponsors must apply for permits at least 60 days prior to the event. Permits must be in possession of the sponsor or a designated representative at the tournament location, and must be shown to OSP or ODFW representatives on request. ODFW shall set permit conditions after consideration of the condition of the resource and social impacts.

(2) Permit applications shall be accepted beginning November 1 of the year prior to the event. No more than one event on any water body shall be authorized on any single date, and no more than two tournaments shall be authorized on any single water body in any 14 days.

(3) All current angling regulations apply and shall not be altered to accommodate any tournament. In addition, special permit conditions such as reduced bag limits may be applied in order to protect affected fish stocks.

(4) Catch and release is permitted, provided fish are released unharmed.

(5) Tournament sponsors are responsible for identifying non-profit outlets for any unwanted fish which result from the tournament.

(6) Tournament sponsors are responsible for meeting all other state and local requirements for such things as special use permits, etc.

Stat. Auth.: ORS 496.118, ORS 496.138 & ORS 496.146
Stats. Implemented: ORS 498.279
Hist.: DFW 90-1998, f. & cert. ef. 11-25-98

Standards and Procedures Under the
Wildlife Law Violator Compact
635-001-0200

Purpose

The purpose of these rules is to provide standards and procedures for license suspension and revocation required under the Wildlife Violator Compact (Compact), and to identify the Compact Administrator to the Board of Compact Administrators for the State of Oregon.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: FWC 43-1991, f. 5-1-91, cert. ef. 5-6-91

635-001-0205

Definitions

The Wildlife Violator Compact, ORS 496.715, defines "suspension" to include any revocation, denial or withdrawal of any or all license privileges. However, to insure consistency with other applicable law, the terms "revocation" and "suspension" as used in these rules shall have the following meaning:

(1) "Revocation" means to cancel, annul and make void for the entire remainder of the term of any license.

(2) "Suspension" means to temporarily discontinue and interrupt a license, but with an expectation that it may be reinstated upon the occurrence of a specific event, such as evidence of compliance with a citation.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: FWC 43-1991, f. 5-1-91, cert. ef. 5-6-91

635-001-0210

Standard for License Suspension or Revocation

(1)(a) Upon receipt of the following information from a party state to the Compact, the Director shall initiate license suspension proceedings in accordance with OAR 635-01-215:

(b) That a person has failed to comply with the terms of a citation from the licensing authority of a party state. Such suspension shall remain in effect until the Director receives adequate evidence of compliance with the citation.

(2) Upon receipt of the following information from a party state to the Compact, the Director or Commission may initiate license suspension or revocation proceedings as appropriate in accordance with OAR 635-01-215.

(a) That a person has had his or her license privileges suspended or revoked in a party state for an offense which could have been the basis for suspension or revocation of license privileges in Oregon. Where the Commission chooses to suspend, such suspension shall remain in effect until the Commission receives adequate evidence of reinstatement of license privileges in the party state;

(b) That a person has been convicted in a party state of a misdemeanor or felony or forfeited bail, for an offense that could have been the basis for revocation of license privileges had it occurred in Oregon and when bail in Oregon for the offense would have been $50 or more;

(c) That an individual has been convicted in a party state of a crime which would be classed as a violation in Oregon; and that person has been convicted of previous violations in Oregon or of previous crimes in a party state that would be classed as a violation in Oregon.

Stat. Auth.: ORS 496.750
Stats. Implemented:
Hist.: FWC 43-1991, f. 5-1-91, cert. ef. 5-6-91; DFW 40-2006, f. & cert. ef. 6-9-06

635-001-0215

Procedures to Suspend or Revoke

(1) When the Director is notified of a failure to comply with the terms of a citation from the licensing authority of a party state, the Director shall initiate license suspension proceedings in accordance with this section.

(2) When the Commission has been notified of any of the conditions under 635-001-0210(2), the Director or Commission may initiate license suspension or revocation proceedings in accordance with this section.

(3) The person shall be notified in writing of the Director's or Commission's intention to suspend, revoke, or refuse to issue, licenses and tags, and shall be provided with an opportunity to request a hearing within 14 days of the date of mailing.

(4) If at the end of 14 days no response has been received, a final order shall be issued suspending, revoking or refusing to issue license privileges and mailed by certified mail to the person.

(5) If prior to 14 days from the date of mailing the person submits a request for a hearing, a hearing will occur. At the discretion of the Department, the case may be reviewed in writing upon stipulation by the licensee or a hearing may be scheduled before the administrative law judge.

(6) Following the administrative law judge's review, a proposed order, including findings of fact and conclusions of law, shall be prepared by the administrative law judge, served on all parties, and shall be forwarded to the Director or Commission.

(7) In accordance with ORS Chapter 183, the Director or Commission shall provide an opportunity to all parties to respond in writing within 14 days to the proposed order of the administrative law judge.

(8) A final order shall be reviewed and signed by the Director or Commission chair and all parties shall be provided a copy by certified mail.

Stat. Auth.: ORS 496 & 497
Stats. Implemented: ORS 496 & 497
Hist.: FWC 43-1991, f. 5-1-91, cert. ef. 5-6-91; DFW 40-2006, f. & cert. ef. 6-9-06

635-001-0220

Compact Administrator

For the purposes of Article VII of the Wildlife Violator Compact referred to in ORS 496.750 the Administrative head of the Oregon State Police Game Enforcement unit, or his or her designee, shall be the Compact Administrator for the State of Oregon.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: FWC 43-1991, f. 5-1-91, cert. ef. 5-6-91

635-001-0230

Payment of R&E Revenues to Watershed Improvement Grant Fund

In accordance with Chapter 8, Oregon Laws 1997, $1,000,000 of revenues from surcharges on recreational licenses deposited to the Restoration and Enhancement Fund shall be paid to the Watershed Improvement Grant Fund in accordance with the following schedule:

(1) On or before June 30, 1998, $400,000 to be transferred.

(2) On or before January 1, 1999, $200,000 to be transferred.

(3) On or before June 30, 1999, $400,000 to be transferred.

Stat. Auth.: Sec. 13, Ch. 8, HB 3700, 1997
Stats. Implemented: Sec. 13, Ch. 8, HB 3700, 1997
Hist.: FWC 55-1997, f. & cert. ef. 9-4-97

General Rules
635-001-0301

Inspection of Public Records

All records of the Commission and the Department defined as public records under ORS 192.410, and not exempt from disclosure under ORS 192.501 to 192.505, are available for inspection by members of the public at the current principal offices of the Commission and Department in Salem, Oregon, or other reasonable location designated by the Director. Inspection of such records will be permitted during normal Department work hours, provided responding to such a request does not unreasonably disrupt the Commission's and the Department's duties.

Stat. Auth.: ORS 192.420
Stats. Implemented: ORS 192.420
Hist.: DFW 34-2000, f. & cert. ef. 6-23-00; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04

635-001-0311

Information Officers and Certification of Public Records

(1) The following individuals are designated as information officers for all public records requests:

(a) Assistant to the Commission for agendas, reports, correspondence and other files maintained by and for the Commission itself;

(b) Director of the Department, Deputy Director, Director of each division and section heads, for records and files of the Department and its staff;

(c) Each information officer must designate an alternate.

(2) Upon request, the information officer will give a certified copy of any released public record.

Stat. Auth.: ORS 192.430
Stats. Implemented: ORS 192.430
Hist.: DFW 34-2000, f. & cert. ef. 6-23-00

635-001-0321

Requests to Inspect or Obtain Copies of Public Records

A request to inspect or get copies of a public record or information from public records may be made orally or in writing and must identify as specifically as possible the type of record, subject matter, approximate date, names of persons involved, and the number of copies requested. If the request is made in writing, the person must include the name, address and phone number of the person requesting the public records.

Stat. Auth.: ORS 192.440
Stats. Implemented: ORS 192.440
Hist.: DFW 34-2000, f. & cert. ef. 6-23-00

635-001-0331

Fees for Inspection and Copies of Public Records

(1) The Department will establish a fee schedule for records search and for copies of public records or information from public records. The amount of the fees will be set from time to time on the basis of the Department's reasonable estimates of the cost for:

(a) Staff time necessary to locate and handle the record;

(b) Producing the copies of the information;

(c) Other supplies or procedures necessary to furnish the copies of information.

(2) The cost of mailing or shipping the copies of public records will be added to the amount of the fee from the fee schedule to arrive at the total fee.

(a) No fees will be charged to other state agencies for providing copies of Commission transcripts, tapes, orders, or any document or record of the Department, not exempt from disclosure under ORS 192.501 to 192.505.

(b) The Department may waive or reduce its public records fees if the Department determines that making the record available primarily benefits the general public.

Stat. Auth.: ORS 192.440
Stats. Implemented: ORS 192.440
Hist.: DFW 34-2000, f. & cert. ef. 6-23-00


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