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(G) Provide for experimental, scientific or educational uses identified in conservation plans, management plans or other Department agreements;
(H) Sell eggs and carcasses to provide revenues to support hatchery programs and facilities;
(I) Provide fish to charitable food share programs benefiting needy Oregonians;
(J) Provide fish for animal feed to animal rehabilitation shelters, zoos, or other such operations;
(K) Dispose of fish in a landfill or at a rendering plant.
(e) Department staff shall use standard, professionally accepted practices (such as sharp blow to head, electrical current or anesthetic overdose) to kill fish at hatchery facilities.
(15) Spawning protocols.
(a) Hatchery program management plans shall include a description of the abundance, size, age structure, gender ratios, fecundity, fertility, and spawning pairings of the broodstock.
(b) A 1:1 male-to-female spawning ratio (single pair mating, unpooled gametes) is preferred, although for harvest hatchery programs with large spawning populations (greater than 300 females) a 1:3 spawning ratio is acceptable.
(c) For critically small populations, a matrix spawning strategy shall be used to enhance effective population size and reduce variability of survival among family units.
(d) Conservation hatchery programs may use natural spawning within natural or engineered spawning channels in an attempt to mimic natural mate selection, gender ratio, age structure, spawn timing and preferred spawning area characteristics of wild populations.
(16) Incubation protocols.
(a) Incubation methods shall be selected to best meet program objectives, consistent with facility and funding constraints. These methods may include single bucket incubation (for isolation of a single female's eggs), multiple vertical incubators, in-stream hatchboxes, or other methods suited to the available facilities. The Integrated Hatcheries Operations Team Policies and Procedures (IHOT 1995) provide acceptable, but not exclusive, guidance on water flows and egg-to-fry capacities for incubation systems. The hatchery program management plan shall include a description of and explanation for the incubation system identified in the plan.
(b) The Department shall continue providing eggs for educational classroom incubators and in-stream incubators (e.g., hatch boxes) for selected stocks in selected watersheds associated with the Salmon and Trout Enhancement Program (STEP). All STEP incubator programs shall be consistent with existing management plans or new conservation plans and hatchery program management plans.
(17) Rearing protocols.
(a) Hatchery program management plans shall describe rearing facilities and methods selected for the program and specific rearing standards used to gauge success meeting program objectives.
(b) Rearing capacity of hatchery programs shall be based on the number of fish that can be produced without adversely affecting fish growth and survivability necessary to meet program objectives.
(c) Water replacement time and velocity shall be managed to provide adequate levels of dissolved oxygen and the reduction of metabolic waste products that are harmful to fish.
(d) Experimental rearing techniques may be investigated at some hatcheries, particularly for conservation hatchery programs, to simulate natural rearing characteristics and fish behavior traits while ensuring adequate fish health, survival and production numbers to meet program objectives.
(e) Fish food and feeding shall be managed to meet production objectives (e.g., fish number, size, growth rate, health and condition), minimize waste and maintain water quality.
(f) The Department shall purchase the best fish feed products available for the best price while considering service delivery, maintenance of competition and innovation among fish feed vendors, and state preferences for recycled products. Qualifying feed manufacturers must monitor the accumulation of toxins in the fish feed they provide, and comply with standards specified by the Department.
(g) The Department shall have standardized procedures for conducting feed trials comparing feed types and coordinate results among fish hatchery managers and STEP facility managers. The Department shall maintain a centralized database of fish feed purchases and fish feed trial results.
(h) Hatchery programs may include an experimental feeding regime designed to simulate natural diets and feeding behavior (such as sub-surface feeding techniques) to align growth, physiology and maturity with natural schedules.
(18) Fish marking.
(a) Hatchery produced fish shall be marked as required to facilitate mixed stock fisheries, research, distinction of hatchery produced and naturally produced native fish throughout their life cycle as necessary for conservation, and evaluation of program objectives.
(b) The Department shall use precise fish marking methods consistent with industry standards and management needs. Mark quality (e.g., fin excision, tag placement, tag retention) shall be monitored during the marking process and prior to fish releases.
(19) Fish transfers and releases.
(a) Hatchery program management plans shall specify targets for the number, size, quality, timing, location and release strategy of fish released, based on fish management objectives established for that program (e.g., native fish conservation plans, brood source objectives, production agreements, harvest management plans, mitigation agreements).
(b) Hatchery program management plans shall include protocols to minimize stress and direct or delayed mortality associated with collecting, handling, loading, transporting and releasing fish.
(c) The Fish Division may approve emergency contingency release plans in the event of unforeseen catastrophic events at a facility.
(d) Transfer and release of any life stage of fish shall meet fish health requirements of OAR 635-007-0549.
(20) Predator control at hatchery facilities.
(a) Hatchery operations shall include strategies to reduce excessive loss of fish to predation and limit opportunities for predators to introduce pathogens to the rearing environment, within funding, facility and permit constraints.
(b) Some hatchery programs, particularly conservation hatchery programs, may experiment with using natural predators to help avoid domestication, reduce deleterious traits and train hatchery produced fish to improve post-release survival and reduce behavioral differences between hatchery produced and naturally produced native fish.
Hatchery Facilities Operations:
(21) Hatchery facility operations shall comply with fish health requirements of OAR 635-007-0549.
(22) Hatchery program management plans shall describe hatchery facilities and operations to optimize fish culture operations, comply with fish health requirements described in OAR 635-007-0549, and comply with legal obligations concerning water rights, water use reporting, chemical use and reporting, fish passage and water quality standards.
(23) Reliable hatchery alarm and security systems shall be required as necessary to minimize risk of egg and fish mortalities caused by loss of water supplies or risk of vandalism and poaching. All hatchery incubation systems, rearing containers and adult fish facilities at Department hatcheries shall have alarm systems. Fish Division may grant exceptions for STEP hatch-box facilities or other temporary or remote facilities.
(24) Hatchery water intakes and outfalls shall be screened to minimize the risk of unintended fish entering or escaping from the facility. Outfalls of fish rearing containers shall be double screened if used for fish from outside the basin that could jeopardize endemic stocks if escapes occurred.
(25) The Department shall identify hatchery facility maintenance, modifications and upgrades necessary to comply with program objectives and other legal requirements.
(26) Hatcheries shall provide informational signs and literature, guided tours as allowed by staffing constraints, and other programs to educate the public about fish and wildlife stewardship.
(27) Additional provisions specific to hatchery trout programs.
(a) The Department shall continue hatchery production of nonanadromous rainbow trout for consumptive recreational fisheries as an important and popular fish management tool.
(b) The Department shall reduce potential impacts to wild trout, char and steelhead in streams and maximize returns to the creel such as by rearing and releasing trout for target fisheries in standing water bodies (i.e., lakes, ponds, and reservoirs) and marking trout for targeted fisheries.
(c) All trout the Department purchases for harvest augmentation from private sources must be genetically triploid, sterile rainbow trout.
Monitoring and Evaluation
(28) The purpose of hatchery monitoring and evaluation programs shall be to gauge success meeting hatchery program and fish management objectives, improve understanding of the reasons for success or failure, contain risks within acceptable limits, and provide feedback to modify operations through time (adaptive management). Clear management objectives that describe the role and expectations for hatcheries relative to species conservation, watershed health and fisheries shall be the foundation for all hatchery monitoring and evaluation programs.
(29) Each hatchery program need not have its own individual monitoring and evaluation program if monitoring and evaluation on a landscape perspective provides adequate information to manage potential risks. The greater the uncertainty of the risks or results of a hatchery program, the greater the specificity of the monitoring and evaluation program must be. Each hatchery program management plan shall describe how the plan's operations and objectives will be monitored and evaluated.
(30) Monitoring and evaluation programs shall use generally accepted scientific procedures and gather multi-generational information to evaluate hatchery programs relative to measurable criteria developed through OAR 635-007-0545.
(31) Monitoring hatchery produced fish and their performance may include, but is not limited to:
(a) Broodstock selection including but not limited to source, number, size, fecundity, life history, timing as percent of entire run, disease history, and disease treatment;
(b) Pre-release performance (e.g., survival, growth, disease) by life stage;
(c) Post-release survival to the adult life stage, catch distribution, fishery contributions, straying, and characteristics of adult fish (e.g., age structure, gender ratio, size, health).
(d) Production advantage provided by the hatchery relative to natural production;
(e) Water quality, flow and other physical conditions in the hatchery through the production cycle;
(f) Impacts of operation of the hatchery facilities on the adjacent habitats;
(g) Success of the hatchery program in meeting harvest and/or conservation program objectives.
(h) Cost-benefit analysis of hatchery performance.
(32) Monitoring and evaluation to assess impacts of the hatchery program on naturally produced native fish may include, but is not limited to:
(a) Impacts of broodstock selection on wild populations;
(b) Ecological interactions of hatchery produced and naturally produced native fish resulting in changes to phenotypic, genotypic, behavioral and survival characteristics;
(c) Timing, location and relative number of hatchery produced fish spawning naturally;
(d) Success of maintaining long-term fitness of wild populations;
(e) Reproductive success and fitness of hatchery produced fish in the natural environment; and
(f) Success maintaining or enhancing natural genetic variation and life history characteristics within and among wild populations.
(33) Results and evaluation of hatchery monitoring programs shall be compiled at intervals adequate to track success, contain risks and provide feedback for adaptive management. Monitoring results shall be made available to management partners and the public.
(34) Hatchery monitoring and evaluation programs shall complement and coordinate with specific research addressing key uncertainties about hatchery operations, uses and consequences. Research priorities shall focus on developing hatchery strategies that minimize the risk or maximize the benefit of hatchery actions to naturally produced native fish populations.
Stat. Auth.: ORS 496.012, ORS496.138
Stats. Implemented: ORS 496.171, ORS 496.172, ORS 496.176, ORS 496.182, ORS 496.430, ORS 496.435, ORS 496.445, ORS 496.450, ORS 496.455
Hist.: DFW 65-2003, f. & cert. ef. 7-17-03
635-007-0547
Fish Hatchery Record Keeping
(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.
(2) Hatchery records will be stored in retrievable databases.
(3) The Fish Division may add to or waive the requirements of subsection (1) as necessary to avoid paperwork yet assure proper documentation of hatchery programs.
(4) Fish health documentation shall be maintained by the fish health section.
(5) Each hatchery manager will write a monthly report describing program-specific hatchery activities, either in the form of a hatchery monthly progress report or in the district monthly report for STEP activities.
(6) The Department will produce annual reports, from the data collected with the above records and reports, summarizing all the information regarding adult fish transactions, fish eggs transactions and fish releases.
(7) The Department shall make hatchery operating costs information available on a fiscal year or biennium basis.
Stat. Auth.: ORS 496.012, ORS496.138
Stats. Implemented: ORS 496.171, ORS 496.172, ORS 496.176, ORS 496.182, ORS 496.430, ORS 496.435, ORS 496.445, ORS 496.450, ORS 496.455
Hist.: DFW 65-2003, f. & cert. ef. 7-17-03
635-007-0548
Training of Fish Hatchery Personnel
(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, ORS496.138
Stats. Implemented: ORS 496.171, ORS 496.172, ORS 496.176, ORS 496.182, ORS 496.430, ORS 496.435, ORS 496.445, ORS 496.450, ORS 496.455
Hist.: DFW 65-2003, f. & cert. ef. 7-17-03
Transgenic Fish
635-007-0595
Transgenic Fish
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, ORS 496.162 & ORS 506.700 - ORS 508.740
Stats. Implemented: ORS 496.138, ORS 496.162 & ORS 506.700 - ORS 508.740
Hist.: FWC 37-1992, f. 5-29-92, cert. ef. 6-1-92
Fish Transport Permit
635-007-0600
Permit Required to Transport, Hold or Release Fish
(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;
(b) Hold any live fish in the waters of this state; or
(c) Release or attempt to release any live fish into the waters of this state.
(2) A separate Fish Transport Permit shall be obtained for each release site but not for each delivery of fish made to a site during the authorized permit period, provided the total number of fish delivered does not exceed the number authorized to be transported under the permit.
(3) Section (1) of this rule shall not apply to:
(a) Aquaria species intended for aquaria use. Aquaria use means holding fish in closed systems where untreated effluent does not enter state waters;
(b) Shellfish taken for personal use or fish taken in duly authorized commercial fisheries. A transport permit is required is required for persons importing live fish for sale to wholesalers, fish dealers, retail fish dealers, restaurants, or the ultimate consumer;
(c) Activities authorized under a STEP Permit (OAR 635-009-0115);
(d) Federally licensed projects which have been approved by the Department;
(e) Fish transport activities specifically authorized under a Scientific Taking Permit issued by the Department.
(4) A valid Department egg or fish shipment report, or copy thereof, may be used in lieu of a Fish Transport Permit to transport, hold or release live eggs or fish sold or provided by the Department.
(5) The Department may refuse to issue a Fish Transport Permit on the following grounds:
(a) The holding or release of the fish specified in the application will be the first introduction of that species into the waters of the holding or release site;
(b) The Department finds the holding or release of the fish specified, either singly or in combination with the holding or release of fish under other permits, would tend to adversely affect existing fish populations in or below the holding or release site; or
(c) The applicant has violated any term of any statute or regulation, or any license, permit or operational plan issued by the Department;
(d) The applicant 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.
Stat. Auth.: ORS 496.138, ORS 496.146 & ORS 506.119
Stats. Implemented: ORS 497.252, ORS 497.298, ORS 498.222 & ORS 508.111
Hist.: FWC 27-1982, f. & ef. 4-30-82; FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0300; FWC 3-1991, f. & cert. ef. 1-18-91; DFW 38-1999, f. & cert. ef. 5-24-99; DFW 110-2001, f. & cert. ef. 11-23-01
635-007-0605
Permit Application
(1) Any person wishing to obtain a Fish Transport 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.
(2) The Department may prescribe such terms and conditions in a permit as it deems necessary, including but not limited to, the period of time (usually 30 days) during which the transportation and/or release of fish is authorized.
(3) Fish may be held for an indefinite period of time under a Fish Transport Permit. The permit, or a copy thereof, shall be made available for inspection upon request by the Department or the Oregon State Police.
Stat. Auth.: ORS 496.138, 496.146, 506.119
Stats. Implemented: ORS 497.252, 498.222
Hist.: FWC 27-1982, f. & ef. 4-30-82; FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0305; FWC 3-1991, f. & cert. ef. 1-18-91; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
635-007-0610
Shipping Requirements
(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.
(3) Section (1) of this rule shall not apply to shellfish taken for personal use or fish taken in duly authorized commercial or sport fisheries, except when transported as live fish or eggs for release.
Stat. Auth.: ORS 496, ORS 497, ORS 498, ORS 506 & ORS 508
Stats. Implemented: ORS 496, ORS 497, ORS 498, ORS 506 & ORS 508
Hist.: FWC 27-1981, f. & ef. 4-30-82; FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0310; FWC 3-1991, f. & cert. ef. 1-18-91
635-007-0615
Unlawful Import and Release
(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, ORS 497, ORS 498, ORS 506 & ORS 508
Stats. Implemented: ORS 496, ORS 497, ORS 498, ORS 506 & ORS 508
Hist.: FWC 25-1984, f. 6-21-84, ef. 7-1-84; FWC 3-1991, f. & cert. ef. 1-18-91
635-007-0620
Transport Release of Mosquito Fish **(Gambusia sp.)**
(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.
(3) A separate Fish Transport Permit shall be obtained from the Department for transport of gambusia to waters outside the county or district.
(4) Records of gambusia distribution, both by county of district personnel and by citizens of the county or district, shall be maintained by the respective counties or districts and shall be available for inspection by the Oregon Department of Fish and Wildlife or the Oregon State Police.
(5) No fee will be required for permits to transport, hold or release gambusia.
Stat. Auth.: ORS 496, ORS 497, ORS 498, ORS 506 & ORS 508
Stats. Implemented: ORS 496, ORS 497, ORS 498, ORS 506 & ORS 508
Hist.: FWC 27-1982, f. & ef. 4-30-82; FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0315; FWC 3-1991, f. & cert. ef. 1-18-91
635-007-0625
Revocation of Fish Transport Permit
(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, ORS 497, ORS 498, ORS 506 & ORS 508
Stats. Implemented: ORS 496, ORS 497, ORS 498, ORS 506 & ORS 508
Hist.: FWC 27-1982, f. & ef. 4-30-82; FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0320; FWC 3-1991, f. & cert. ef. 1-18-91
Fish Propagation License
(Authorization to Propagate, Rear, and Sell Live Fish)
635-007-0650
License Required
(1) Except as provided in section (3) of this rule, any person shall obtain a Fish Propagation License in order to propagate, rear for sale or 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 ORS 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 OAR 635-009-0455).
(4) The department may attach to the fish propagation license any terms and conditions it deems necessary to achieve compliance with Oregon laws or rules.
(5) The department may refuse to issue any fish propagation license if:
(a) Applicant fails to meet any of the deadlines specified in OAR 635-007-0655;
(b) The propagation of the fish specified in the application will be the first introduction of that species into the watershed in which the proposed facility is located;
(c) The department finds the operation, as proposed by the applicant, would tend to be harmful to existing fish populations in or below the site of the proposed propagation facility;
(d) The department finds the applicant violated any terms of any license, permit or operational plan issued by the department;
(e) The department finds the applicant has failed to comply with any statute, rule or reporting requirements relevant to the operation of the propagation facility; or
(f) The applicant 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.
Stat. Auth.: ORS 496.138 & ORS 506.119
Stats. Implemented: ORS 496.146, ORS 497.252 & ORS 506.124
Hist.: FWC 27-1982, f. & ef. 4-30-82; FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0400; FWC 3-1991, f. & cert. ef. 1-18-91; FWC 15-1997, f. & cert. ef. 3-10-97
635-007-0665
Purchase of Fish from Fish Propagation Licensee
(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.
Stat. Auth.: ORS 496, ORS 497, ORS 498, ORS 506 & ORS 508
Stats. Implemented: ORS 496, ORS 497, ORS 498, ORS 506 & ORS 508
Hist.: FWC 27-1982, f. & ef. 4-30-82; FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0415
635-007-0660
Duties of Fish Propagation Licensees
(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.
(5) Each licensed propagator shall comply with all statutes and regulations of other agencies pertaining to the operation of the propagation facility.
(6) Each licensed propagator shall comply with the terms and conditions of his license and operational plan.
(7) Fish propagation facilities and records are subject to inspection at any time by the Department or the Oregon State Police.
Stat. Auth.: ORS 496, ORS 497, ORS 498, ORS 506 & ORS 508
Stats. Implemented: ORS 496, ORS 497, ORS 498, ORS 506 & ORS 508
Hist.: FWC 27-1982, f. & ef. 4-30-82; FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0410; FWC 3-1991, f. & cert. ef. 1-18-91
635-007-0665
Purchase of Fish from Fish Propagation Licensee
(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.
Stat. Auth.: ORS 496, ORS 497, ORS 498, ORS 506 & ORS 508
Stats. Implemented: ORS 496, ORS 497, ORS 498, ORS 506 & ORS 508
Hist.: FWC 27-1982, f. & ef. 4-30-82; FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0415
635-007-0670
Revocation of Fish Propagation License
(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.
(2) Revocation of a Fish Propagation License shall be in addition to and not in lieu of other penalties provided by law.
Stat. Auth.: ORS 496, ORS 497, ORS 498, ORS 506 & ORS 508
Stats. Implemented: ORS 496, ORS 497, ORS 498, ORS 506 & ORS 508
Hist.: FWC 27-1982. f. & ef. 4-30-82; FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0420; FWC 3-1991, f. & cert. ef. 1-18-91
635-007-0680
Relation Between Fish Propagation License and Private Salmon Hatchery Permit
(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.
(2) Fish propagation licenses are not required for:
(a) Any fish held, incubated or reared at a private salmon hatchery, which are authorized to be released under the terms of a private salmon hatchery permit;
(b) Approved STEP projects and other Department programs.
Stat. Auth.: ORS 496, ORS 497, ORS 498, ORS 506 & ORS 508
Stats. Implemented: ORS 496, ORS 497, ORS 498, ORS 506 & ORS 508
Hist.: FWC 25-1984, f. 6-21-84, ef. 7-1-84; FWC 34-1991, f. & cert. ef. 1-18-91
Fish Species-Sturgeon
635-007-0700
Purpose, Policy and Definition
(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 & ORS 508
Stats. Implemented: ORS 506 & ORS 508
Hist.: FWC 33-1988, f. & cert. ef. 5-24-88
635-007-0705
Obtaining Sturgeon and Eggs for Propagation
Any person desiring to propagate sturgeon must develop sturgeon brood stock 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 and eggs to provide seed for propagation and development of broodstock for a fish propagation facility 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.
(2) Oversize Sturgeon: A person may only collect oversize female sturgeon under a special permit issued by the Department as further provided in OAR 635-007-0710. The permit will only authorize collection of fish from Oregon waters of the main stem Columbia below Bonneville Dam, unless the permittee also has a valid State of Washington permit for collecting oversize female sturgeon in Washington state waters. Any such fish collected under Washington state permits shall reduce the total number allowed to be collected in Oregon:
(a) In addition to open commercial fishing seasons in which legal gear may be used, a permittee may collect oversize female sturgeon by gill net having a mesh size greater than nine inches, stretch measure, during the period April 1 through June 30. Nets shall be tended at all times. A commercial fishing license shall also be required;
(b) A permittee may personally collect oversize female sturgeon with sport gear. A sport fishing license shall also be required.
(3) Licensed Propagation Facility: Eggs, brood stock or juveniles may be obtained from a licensed propagation facility.
Stat. Auth.: ORS 506 & ORS 508
Stats. Implemented: ORS 506 & ORS 508
Hist.: FWC 33-1988, f. & cert. ef. 5-24-88
635-007-0710
Special Permit Rules to Collect Male and Oversize Female Sturgeon
(1) Application and Eligibility for Permit: A special permit to collect oversize female sturgeon shall be issued only to an individual. 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.
(2) Obligations of the Permittee:
(a) The permittee shall not collect more than six oversize female sturgeon for the purpose of holding and egg collection at the licensed fish propagation facility designated by the Department in the issued permit. Permittee may also collect up to 12 male sturgeon less than six feet in length which may be held live for the purpose of fertilizing said eggs when collected;
(b) The permittee shall tag both males and oversize female sturgeon at the time of capture with tags provided by the Department;
(c) The permittee shall be present during capture and shall transport collected sturgeon, by boat, to the landing site designated in the permit for transfer to the fish propagation facility. The sturgeon may be held for a reasonable length of time for removal of ripe eggs or collection of sperm, and for recovery prior to transfer and release back to the river in good condition at the landing site. Fish transport permits are required;
(d) The permittee may conduct an examination of the sturgeon for maturity by making a small incision in the fish to check for ripeness. The incision shall be properly sutured prior to holding or release;
(e) The permittee shall carry the permit at all times when conducting operations authorized by the permit and shall cause a copy of such permit to be posted at the propagation facility designated in the permit;
(f) The permittee shall notify the Department prior to the initiation of any sturgeon collection authorized by the special permit;
(g) The permittee shall make available to the Department, at permittee's expense, up to 5,000 fingerlings unless the Department requests fewer, from each oversize wild female sturgeon spawned for stocking within the state;
(h) The permittee shall file monthly reports with the Department, by the 10th of each month, on a form or format acceptable to the Department, which shows the number of wild sturgeon examined, tagged, collected, held, and spawned, as well as other general information about operations conducted under the special permit and fish propagation program.
(3) Permit Limitations; Nontransferability:
(a) The total number of oversize female sturgeon which may be collected form Oregon waters shall be reduced proportionately by any such sturgeon collected in the state of Washington;
(b) The special permit shall be issued only to an individual and is not transferable from said individual to another individual. In the event the individual issued the permit is no longer available to conduct permit activities or carry out responsibilities required by these rules, a new application for a permit shall be submitted to the Department.
(4) Annual Permit Renewal:
(a) The special permit is an annual permit and shall expire on December 31 of each year;
(b) A fee of $10 is required to be submitted with the application for the special permit;
(c) In order to renew the special permit, the permittee shall submit a written request for renewal, together with a fee of $10 and a copy of the permittee's annual operations report by January 10 of the next year. The annual operations report shall summarize the monthly reports and show the numbers of fish sold and on hand.
(5) Refusal to Issue or Renew a Special Permit; Revocation and Suspension:
(a) Where the Commission proposes to refuse to issue or renew a special permit or to revoke or suspend a special permit an opportunity for a hearing shall be given, as provided in ORS Chapter 183, the Administrative Procedures Act;
(b) The Commission may refuse to issue or renew a special permit or revoke or suspend a special permit where the individual applying for or holding the special permit:
(A) Fails to comply with OAR 635-007-0700 through 635-007-0720 and/or OAR 635-004-0090; or
(B) Has been convicted of any crime relating to the fish and wildlife laws of this state, or any other state or of the United States; or
(C) Has been convicted of any crime involving dishonesty, misrepresentation or fraud under the laws of this state, or any other state or of the United States; or
(D) Has been convicted of any violation of OAR 635-007-0700 through 635-007-0720 and/or OAR 635-004-0090.
Stat. Auth.: ORS 506 & ORS 508
Stats. Implemented: ORS 506 & ORS 508
Hist.: FWC 33-1988, f. & cert. ef. 5-24-88
635-007-0720
Possession of Sturgeon for Spawning and Propagation
(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 rearing and sale of white sturgeon under a fish propagation license.
(2) Special Requirements:
(a) The Department shall be immediately notified of the death of any adult sturgeon held at the licensed fish propagation facility or killed during any collection operation authorized by a special permit to collect male and oversize female sturgeon;
(b) Possession or sale of dressed or whole sturgeon or roe therefrom at or from a licensed fish propagation facility is prohibited except as provided in OAR 635-004-0090; 635-006-0140; and 635-006-0145;
(c) Notwithstanding subsection (2)(b) of this rule, the Department may, in the event an adult fish dies, direct that it be field dressed, specifically tagged and iced (including the eggs), and held for pickup. In addition, sturgeon less than six inches in length resulting from fish propagation at the facility may be sold live. Sturgeon larger than six inches in length may not be sold without prior written approval of the Department.
Stat. Auth.: ORS 506 & ORS 508
Stats. Implemented: ORS 506 & ORS 508
Hist.: FWC 33-1988, f. & cert. ef. 5-24-88
Hatcheries -- General
635-007-0820
Salmon Production Programs
(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.
(2) Proposed revisions of accepted salmon hatchery programs due to unforeseen shortages of eggs, changes in facility availability or status, or necessary management adjustments shall be reviewed and approved by department staff prior to implementtion of any proposed revisions.
(3) Transport and release authorization shall be obtained from department fish culture staff prior to moving fish between facilities or releasing fish. No authorization shall be given if fish do not meet criteria shown in previously approved programs for release size, time, and mark rate, or if disease control regulations are not met.
(4) Summaries of releases, by hatchery and site (including STEP projects) will be prepared by the department at completion of releases for the year.
Stat. Auth.: ORS 496.138 & ORS 506.119
Stats. Implemented: ORS 496.146 & ORS 506.124
Hist.: FWC 25-1984, f. 6-21-84, ef. 7-1-84; FWC 2-1992, f. 1-28-92, cert. ef. 2-1-92; FWC 15-1997, f. & cert. ef. 3-10-97
635-007-0825
When Salmon Eggs are Surplus
For the purposes of ORS 508.730, the following criteria shall be used in determining when all natural and artificial fish production needs of the state have been met:
(1) General limitations - salmon eggs will not be declared surplus unless and until the capacities of all public hatchery facilities contributing fish for release in Oregon waters, including coastal streams and Columbia River and tributaries, have been filled, and approved rehabilitation and enhancement programs, including Salmon and Trout Enhancement Program and Cooperative Salmon Hatchery Programs, have been provided for. However, the department recognizes that certain constraints may limit hatchery production to less than full capacity, including available finances, legislative direction, commission policy, and status of stream/water body management plans. The department may not be able to locate, determine, or accommodate all areas of need at any one time.
(2) Biological limitations - biological factors which limit numbers of salmon eggs that can be utilized in meeting state needs are:
(a) Fish carrying capacity of a given stream or water body;
(b) Probability of disease transfer to naturally produced stocks;
(c) Maintenance of genetic integrity or compatibility of stocks;
(d) Impacts of other species of fish.
Stat. Auth.: ORS 496.138 & ORS 506.119
Stats. Implemented: ORS 496.146, ORS 506.124 & ORS 508.730
Hist.: FWC 4-1982, f. & ef. 1-11-82; FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-002-0100; FWC 15-1997, f. & cert. ef. 3-10-97
635-007-0830
General Priority for Use of Salmon Eggs and Fingerlings
Salmon eggs and fingerlings shall be used or distributed in the following priority order:
(1) Department Programs including public hatchery production and the Salmon and Trout Enhancement Program (STEP), and Cooperative Salmon Hatchery Programs.
(2) Federal fish hatcheries in Oregon.
(3) State and federal fish hatcheries located on the Columbia River outside Oregon.
(4) Educational use.
(5) Private salmon hatcheries in Oregon.
(6) Other state and federal fishery agencies in Alaska, California, and Washington.
(7) Wildlife Propagation License holders in Oregon.
(8) State and federal fishery agencies in the remainder of the USA.
(9) Private salmon hatcheries in the remainder of the USA.
(10) State and federal fishery agencies in other countries.
(11) Private hatcheries in other countries.
Stat. Auth.: ORS 496.138 & ORS 506.119
Stats. Implemented: ORS 496.146, ORS 506.124 & ORS 508.730
Hist.: FWC 25-1984, f. 6-21-84, ef. 7-1-84; FWC 2-1992, f. 1-28-92, cert. ef. 2-1-92; FWC 15-1997, f. & cert. ef. 3-10-97
Scientific Taking Permit -- Fish
635-007-0900
Permit Required
(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.
Stat. Auth.: ORS 183.335, ORS 496.138, ORS 497.252, ORS 497.298, ORS 506.109, ORS 506.119 & ORS 508.111
Stats. Implemented: ORS 183.335, ORS 496.138, ORS 497.252, ORS 497.298, ORS 506.109, ORS 506.119 & ORS 508.111
Hist.: FWC 18-1992, f. 3-24-92, cert. ef. 4-1-92
635-007-0910
Permit Application
(l) Any person or entity wishing to obtain a Scientific Taking Permit must complete and submit to the Department the appropriate permit application form. Applications forms are available upon request from the Oregon Department of Fish and Wildlife.
(2) The Department may prescribe such terms and conditions in a permit as it may deem necessary to ensure that fish taken pursuant to the permit will be used only for scientific or educational purposes.
(3) Permits will not be issued to any person or entity for the purpose of collecting fish to sell to scientific or educational supply houses or to any other person or entity.
Stat. Auth.: ORS 496.138, 496.146, 506.119
Stats. Implemented: ORS 497.298, 508.111
Hist.: FWC 18-1992, f. 3-24-92, cert. ef. 4-1-92; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
635-007-0920
Report Requirement
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, ORS 496.138, ORS 497.252, ORS 497.298, ORS 506.109, ORS 506.119 & ORS 508.111
Stats. Implemented: ORS 183.335, ORS 496.138, ORS 497.252, ORS 497.298, ORS 506.109, ORS 506.119 & ORS 508.111 (continued)