CCLME.ORG - DEPARTMENT OF FISH AND WILDLIFE DIVISION 9 SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM

State
Oregon Regulations
CHAP 635 DEPARTMENT OF FISH AND WILDLIFE DIVISION 9 SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM

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

DEPARTMENT OF FISH AND WILDLIFE

DIVISION 9

SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM

Outdoor Clubs

635-009-0055

Determination of Non-Profit Status

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
Hist.: FWC 41-1978, f. & ef. 8-29-78, Renumbered from 635-007-0500.

Charter Boats
635-009-0060

Charter Boat License and Decals

(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
Hist.: FWC 4-1981, f. & ef. 1-21-81; FWC 23-1988(Temp), f. & cert. ef. 3-29-88

Salmon and Trout Enhancement Program
635-009-0090

Purpose

These Rules guide the operation and project selection of the Salmon Trout Enhancement Program (STEP) as authorized under the provisions of ORS 496.440, et seq.

Stat. Auth.: ORS 496
Stats. Implemented: ORS 496
Hist.: FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88

General
635-009-0095

Definitions

The following definitions shall apply to Salmon and Trout Enhancement Program projects:

(1) Definitions listed in OAR 635-007-0501.

(2) "Broodstock Development Project" means project in which adults will return to a recapture facility to provide an egg source for management programs.

(3) "Commission" means the Oregon Fish and Wildlife Commission.

(4) "Department" means the Oregon Department of Fish and Wildlife.

(5) "Educational Project" means project undertaken by a school or youth program.

(6) "Egg Incubation Project" means project in which eggs are contained and hatched and resultant fry are released unfed.

(7) "Enhancement" means management activities including rehabilitation and supplementation that increase fish production beyond the existing production capability of the stock and/or habitat.

(8) "Enhancement Project" is any project authorized by the Department in accordance with these rules.

(9) "Fish Propagation" means to rear fish for release (includes incubation).

(10) "Life Cycle" means:

(a) Coho salmon -- 3 years;

(b) Chinook salmon -- 5 years;

(c) Chum salmon -- 4 years;

(d) Steelhead -- 4 years;

(e) Trout -- 4 years.

(11) "Rehabilitation" means short-term management techniques which may include fish stocking, habitat improvement, harvest management, or other work that restore fish stocks depressed by natural or man-made events.

(12) "STEP" means Salmon Trout Enhancement Program.

(13) "Supplementation" means continued planting of fish to maintain or increase fish abundance in areas where natural production is insufficient to meet management objectives.

Stat. Auth.: ORS 496
Stats. Implemented: ORS 496
Hist.: FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88

635-009-0100

Policy and Goals

(1) It is the policy of the Fish and Wildlife Commission, in carrying out the provisions of ORS 496.440, et seq., that a Salmon and Trout Enhancement Program 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;

(d) Support and promote an education program to increase the public's understanding of Oregon's aquatic resources and the environment.

Stat. Auth.: ORS 496
Stats. Implemented: ORS 496
Hist.: FWC 45-1981, f. & ef. 12-21-81; FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88

635-009-0105

Community Advisors

A STEP coordinator and STEP biologist shall act as community advisors to:

(1) Provide technical assistance to citizens responsible for implementation of enhancement projects.

(2) Cooperatively develop enhancement projects with citizen volunteers.

(3) Coordinate the implementation of enhancement projects with the activities of Department and staff and other agencies.

(4) Provide educational and informational materials to promote public awareness and involvement in the salmon and trout enhancement program.

(5) Supervise the activities of citizens developing local brood stock for enhancement projects.

(6) Evaluate enhancement projects with the citizens responsible for project implementation.

(7) Coordinate grants of funds to citizens for the implementation of approved enhancement projects from such moneys as may be available.

Stat. Auth.: ORS 496
Stats. Implemented: ORS 496
Hist.: FWC 45-1981, f. & ef. 12-21-81; FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88

635-009-0110

Project Application

(1) Any citizen or group of citizens may propose a project for implementation under STEP. Projects may include but are not limited to: Habitat improvement, egg incubation, fish propagation, broodstock development, fish stocking, spawning ground surveys, education, and data collection.

(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) Each project must have explicit goals, method of achievement, beginning and ending date, and, if applicable, evaluation plan.

(5) Incomplete applications shall be returned to the project sponsor for completion.

(6) The Department may require any additional information it deems necessary in order to evaluate the project proposal.

(7) Applications for projects involving egg incubation or fish propagation must also comply with OAR 635-009-0125.

Stat. Auth.: ORS 496
Stats. Implemented: ORS 496
Hist.: FWC 45-1981, f. & ef. 12-21-81; FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88

635-009-0115

Project Approval

(1) All projects must comply with fish management goals and objectives as set forth in OAR 635-007-0501 through 635-007-0830, and species and/or area management plans adopted by the Commission.

(2) All projects, prior to commencing, must be approved in writing by the Department.

(3) A project will not be approved if the proposal, based on review by Department staff:

(a) Is not based on sound biological principles;

(b) Is not supported by physical and biological stream survey information;

(c) Does not show a demonstrated need;

(d) Proposes to use inappropriate methods to accomplish the project objectives;

(e) Violates goals, policies, rules, species or basin management plans adopted by the Commission; or policies or procedures developed by the Department.

(4) Project proposals will be evaluated according to their potential impact on all fish species, the environment, and contribution to the resource.

(5) The Department may prescribe such terms and conditions for project approval as it may deem necessary for protection of naturally produced species (or stocks).

(6) It will be the responsibility of the project sponsor to obtain all necessary water rights, access agreements, easements, and use permits, or any other permits needed to undertake the project.

Stat. Auth.: ORS 496
Stats. Implemented: ORS 496
Hist.: FWC 45-1981, f. & ef. 12-21-81; FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88

635-009-0120

Revocation of Project Approval

(1) The Department may revoke its approval of a STEP project if it determines:

(a) The project has exceeded the scope of the approved project proposal;

(b) There has been a violation of any term or condition imposed on the project by the Department;

(c) Continued operation of the project may adversely affect fish populations in or below the project site; or

(d) There are not sufficient moneys available to fund the Department's continued involvement in the project.

(2) The revocation of a project's approval shall automatically invalidate any Department Permits issued for such project as of the date of revocation and may result in confiscating (reclaiming) by the Department of any fish or eggs used in the project.

(3) Revocation of the approval for a project is in addition to and not in lieu of other penalties provided by law.

Stat. Auth.: ORS 496
Stats. Implemented: ORS 496
Hist.: FWC 45-1981, f. & ef. 12-21-81; FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88

Egg Incubation and Fish Program
635-009-0125

Project Proposal

(1) Any citizen or group of citizens wishing to obtain and incubate and/or propagate salmon or trout, and to transport, hold or release any such eggs or fish resulting therefrom, must complete and submit to the Department an application form to conduct an "Egg Incubation" or "Fish Propagation" project. All such projects shall be identified as: rehabilitation, supplementation, educational, or broodstock development. For purposes of this rule, such projects shall be defined to mean one of the following:

(a) Rehabilitation Project -- A project in which fish are released to rebuild a currently depressed run;

(b) Supplementation Project -- A project involving continued planting to maintain or increase fish abundance where natural production is insufficient to meet management objectives;

(c) Educational Project -- Classroom or youth education project in which eggs are incubated as an educational tool; the number of eggs incubated may not exceed 500;

(d) Broodstock Development Project -- A project in which reared fish are released and the resulting adults return to a recapture facility to provide an egg source for management programs.

(2) Applications for an Egg Incubation project shall:

(a) Be submitted prior to September 1 of each year; applications received after this date will be considered but will have a lower priority for receipt of eggs;

(b) Include the following information:

(A) Name, address, and telephone number of applicant;

(B) Species requested;

(C) Egg incubation location and proposed fry release location;

(D) Type of project to be undertaken (i.e., rehabilitation, supplementation, education, or broodstock development);

(E) A clear and concise statement of the operation proposed by the applicant.

(3) Applications for a Fish Propagation project shall:

(a) Be submitted prior to July 1 of each year for projects proposing to commence during the next egg take cycle;

(b) Include the following information:

(A) Name, address, and telephone number of applicant;

(B) Species and number of eggs requested;

(C) Egg source;

(D) Species and number of fish to be reared;

(E) Egg incubation and fish propagation location;

(F) Type of project to be undertaken (i.e., rehabilitation, supplementation, or broodstock development);

(G) A clear and concise statement of the operation proposed by the application; the enhancement opportunity to be undertaken; and how the project meets fish management program objectives adopted by the Commission;

(H) A map of proposed hatchery site or release site, clearly indicating the geographic relationship of the site to the surrounding area;

(I) Clear and concise information on facility design, operation and maintenance costs, water supply, rearing and holding facilities, fish disease considerations and any other information the Department may request;

(J) Plan to evaluate project;

(K) Reports, technical documents, articles and data or information of any kind the applicant intends to rely on to support the facility;

(L) A copy of all leases, options, easements, or other instruments by which applicant purports to have sufficient property rights pertaining to the proposed site to permit conduct of the proposed operation;

(M) 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, applicant's proposed operation is in compliance with the local jurisdiction's comprehensive land-use and estuary plan;

(N) A projection of social consequences caused in the future by returning fish.

Stat. Auth.: ORS 496
Stats. Implemented: ORS 496
Hist.: FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88

635-009-0130

Project Duration

(1) Egg incubation and Fish Propagation projects may be approved for the following length of time; all projects are subject to an annual review:

(a) Rehabilitation project: one life cycle of the species reared (see OAR 635-009-0105(7));

(b) Supplementation project: Five years;

(c) Broodstock Development project: one life cycle of the species reared (see OAR 635-009-0095(7)).

(2) A new project proposal must be submitted and approved if the project is to continue beyond the time period authorized in section (1) of this rule.

Stat. Auth.: ORS 496
Stats. Implemented: ORS 496
Hist.: FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88

635-009-0135

Number of Fish Released

(1) The number of fish authorized for release under either an egg incubation or fish propagation project shall be determined by the Department. The number shall be based upon management objectives and carrying capacity of water body stocked.

(2) Releases from a Fish Propagation project shall not exceed 100,000 fish of each species reared, except the Commission after holding a public hearing may authorize releases above these numbers.

Stat. Auth.: ORS 496
Stats. Implemented: ORS 496
Hist.: FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88

635-009-0140

General Considerations

(1) It is unlawful to transport, hold, or possess live fish or eggs without an appropriate permit issued by the Department.

(2) The Department may authorize the taking of eggs from wild fish for use in a STEP project if:

(a) There is a demonstrated need for enhancement on a stream and a suitable source of eggs is not available from public hatcheries;

(b) The project cooperator is involved in an approved project for selected broodstock development which includes use of wild fish;

(c) Facilities are available for holding adults to maturation, spawning fish, and incubating eggs;

(d) A knowledgeable individual is available to provide assistance in handling of adults, determining maturation, spawning, and care of eggs.

(3) The Department may require specific numbers of smolts be returned to locations if wild fish have been taken and moved to another stream.

(4) In the event egg shortages occur, the Department will reduce the number of eggs per approved project by an equal proportion, except the Department may establish priorities for certain projects that are expected to make a greater contribution to the resource.

(5) All eggs or fish are the property of the State of Oregon and may only be released as designated by the Department.

(6) All fish returning to a fish propagation project must be handled or disposed of as directed by the Department.

Stat. Auth.: ORS 496
Stats. Implemented: ORS 496
Hist.: FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88

635-009-0150

Disposal of Fish and Fish Products

(1) All fish produced as a result of a STEP 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 STEP fish propagation project must be handled or disposed of as directed by the department.

(3) Fish and eggs collected at a STEP fish propagation project 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 Cooperative Salmon Hatchery projects;

(d) Indian ceremonial needs pursuant to ORS 496.201 to ORS 496.221.

(4) The department may give written approval for the sale of salmon carcasses or salmon eggs to the project sponsor with the following conditions and consistent with OAR 635-007-0530:

(a) Only fish or eggs in excess of those required to fulfill the needs of section (3) of this rule may be sold;

(b) Project sponsor shall first obtain a wholesale fish dealer license. Monthly reports and payment of fees are required as provided in OAR 635-006-0200 through OAR 635-006-0220 on all fish sold;

(c) Proceeds from the sale of fish or eggs may only be used for the following, in accordance with a written project agreement between the project sponsor and the department:

(A) Actual costs incurred by the project sponsor or department, directly related to the project;

(B) Equipment, supplies, and improvements to the project site.

Stat. Auth.: ORS 496.138 & ORS 506.119
Stats. Implemented: ORS 496.146 & ORS 506.124
Hist.: FWC 15-1997, f. & cert. ef. 3-10-97

Fish Restoration and Enhancement Program
635-009-0200

Purpose

These rules guide the operation and project selection of the Fish Restoration and Enhancement Program as authorized under the Oregon Fisheries Restoration and Enhancement Act of 1989 (Oregon Laws 1989, Chapter 512).

Stat. Auth.: ORS 512
Stats. Implemented: ORS 512
Hist.: FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89

635-009-0205

Definitions

The following definitions shall apply:

(1) "Act" means the Oregon Fisheries Restoration and Enhancement Act of 1989.

(2) "Board" means the Fish Restoration and Enhancement Board appointed by the Commission.

(3) "Commission" means the Oregon Fish and Wildlife Commission.

(4) "Council(s)" means Regional Advisory Council(s).

(5) "Department" means the Oregon Department of Fish and Wildlife.

(6) "Enhancement Project" means any activity to:

(a) Increase recreational or commercial opportunities or access to fish resources;

(b) Increase fish production; or

(c) Improve fish management.

(7) "Grant Agreement" means a legally binding contract between the Department and a project sponsor detailing project conditions and financial support on a form prescribed by the Department.

(8) "Project" means restoration project or enhancement project as defined here.

(9) "Project Sponsor" means any public, private, nonprofit, or STEP organization implementing a project under the Act.

(10) "Public Organization" means any public agency in the State of Oregon, including but not limited to agencies of the State, counties, municipalities, special districts, school districts, port districts, cooperating agencies pursuant to ORS 190.110, and public institutions of higher education.

(11) "Private Nonprofit Organization" means any organization recognized as such under Section 501(c)(3) of the Internal Revenue Code for purposes of charitable tax exemption.

(12) "Restoration Project" means any activity to:

(a) Rehabilitate or restore fish production facilities (including fish liberation equipment);

(b) Rehabilitate or restore fish passage or protection facilities;

(c) Collect information on physical and biological characteristics of streams, lakes or estuaries; or information on recreational or commercial use of fisheries.

(13) "Region" means Department Administrative Region (i.e., Northwest, Southwest, Central, Northeast, Southeast and Columbia).

(14) "STEP Organization" means any group or organization participating in the Salmon Trout Enhancement Program.

(15) "Technical Advisory Committee" means the team of Department personnel providing assistance to the Board, including review and evaluation of proposed projects.

Stat. Auth.: ORS 512
Stats. Implemented: ORS 512
Hist.: FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89

635-009-0210

Restoration and Enhancement Board

The Fish Restoration and Enhancement Board shall:

(1) Review and evaluate proposed restoration and enhancement projects submitted for funding under this Act.

(2) Consult with the affected Regional Advisory council, if one exists, concerning projects affecting that region.

(3) Recommend fish restoration and enhancement projects to the Commission consistent with available funds. In so doing, the Board shall:

(a) Recommend a mix of projects which provide a balance between restoration and enhancement benefits;

(b) Recommend projects that are to be implemented by STEP and nonprofit organizations engaged in restoration and enhancement activities authorized by the Act;

(c) Encourage projects which result in obtaining matching funds from other sources; and

(d) Recommend projects benefiting the recreational angling and commercial fishing industry in the same proportion as revenues derived from the Act or other funding sources.

(4) The Board may recommend conditions for project approval.

(5) The Board may recommend funding a project in whole or in part.

Stat. Auth.: ORS 512
Stats. Implemented: ORS 512
Hist.: FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89

635-009-0215

Regional Advisory Councils

The Board shall periodically hold Regional Advisory Council meetings in each of the Department's Administrative Regions.

(1) Council meetings shall be open to the public.

(2) A review of proposed or approved projects shall be provided at each meeting.

(3) The public shall have the opportunity to comment on projects.

(4) Meeting locations shall be rotated among cities within each region to assure convenient citizen/staff access.

(5) Department staff shall arrange for and publicize meeting times and locations in consultation with the Board.

(6) One or more Board members shall attend each Council meeting and report back to the full Board.

Stat. Auth.: ORS 512
Stats. Implemented: ORS 512
Hist.: FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89

635-009-0220

Project Application

(1) Any public, private nonprofit or STEP organization may propose a project for funding.

(2) Proposed projects shall be submitted to the Board in writing and on forms provided by the Board.

(3) 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 and/or commercial fisheries.

(5) Incomplete applications may be returned to the project sponsor for completion.

(6) Project proposals from STEP organizations shall be accompanied by an approved STEP Project Proposal form.

(7) The Board or Commission may require any additional information it deems necessary in order to evaluate the project proposal.

Stat. Auth.: ORS 512
Stats. Implemented: ORS 512
Hist.: FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89

635-009-0225

Evaluation of Projects Submitted for Funding

(1) All projects shall be evaluated by the Board and Technical Advisory Committee for consistency with fish management goals and objectives as set forth in OAR 635-007-0501 through 635-007-0830, and species and/or management plans adopted by the Commission.

(2) A project shall not be recommended for funding if, based on review by the Board, the project:

(a) Is inconsistent with the intent of the Act;

(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; or

(e) Violates goals, policies, rules, species or basin management plans adopted by the Commission.

(3) Project proposals shall be evaluated according to their potential impact on all fish species, the environment, and contribution to the resource.

Stat. Auth.: ORS 512
Stats. Implemented: ORS 512
Hist.: FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89

635-009-0230

Commission Approval

(1) The Commission shall review the Board's recommendations, and may approve or disapprove any or all projects recommended for funding.

(2) The Commission may attach such terms and conditions to project approval as it deems necessary, including but not limited to:

(a) No project may commence without prior written approval by the Commission;

(b) The project sponsor shall agree to complete the project as approved by the Commission and within the time frame specified in the Grant Agreement;

(c) 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 to the Commission prior to commencing the project;

(d) The project sponsor shall file a written request for permission to amend or expand the project construction or the construction time schedule including the rationale for the requested change. Proposed modifications shall be submitted to and approved by the Board and Commission prior to the beginning of any work proposed in the modification;

(e) The project sponsor shall submit a project report at the completion of the project describing the work done;

(f) The project sponsor shall monitor and report, as determined by the Commission, the long-term effectiveness of the project;

(g) The project sponsor shall allow Commission or Board members, or their designated representatives, access to the project to monitor and/or evaluate the project;

(h) The project sponsor shall account for funds distributed by the Department, using project expense forms provided by the Department;

(i) The project sponsor shall maintain the project for a period of time as deemed appropriate by the Commission.

Stat. Auth.: ORS 512
Stats. Implemented: ORS 512
Hist.: FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89; DFW 78-2000(Temp), f. & cert. ef. 12-13-00 thru 5-29-01

635-009-0235

Revocation of Project Approval

(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.

(2) Proceedings to revoke approval of a project shall be conducted in accordance with ORS 183.413 to 183.550.

(3) The revocation of a project's approval shall automatically invalidate any Department permits issued for such project as of the date of revocation.

(4) Revocation of approval for a project is in addition to, and not in lieu of, other penalties provided by law.

Stat. Auth.: ORS 512
Stats. Implemented: ORS 512
Hist.: FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89

635-009-0240

Grant Agreement

(1) Project sponsors, other than the Department, shall enter into a Grant Agreement with the Department prior to undertaking 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) 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) Except for grants of less than $2,000, the Department shall retain ten percent of project funds until the report required in OAR 635-009-0230(2)(e) has been submitted and the project has been evaluated for completion and compliance with the Grant Agreement.

Stat. Auth.: ORS 512
Stats. Implemented: ORS 512
Hist.: FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89

Riparian Lands Tax Incentive Program
635-009-0300 [Renumbered to 635-430-0300]

635-009-0310 [Renumbered to 635-430-0310]

635-009-0315 [Renumbered to 635-430-0320]

635-009-0320 [Renumbered to 635-430-0330]

635-009-0325 [Renumbered to 635-430-0340]

635-009-0330 [Renumbered to 635-430-0350]

635-009-0335 [Renumbered to 635-430-0360]

635-009-0340 [Renumbered to 635-430-0380]

635-009-0345 [Renumbered to 635-430-0390]

635-009-0350 [Renumbered to 635-430-0400]

635-009-0355 [Renumbered to 635-430-0410]

635-009-0360 [Renumbered to 635-430-0430]

Cooperative Salmon Hatchery Program
635-009-0400

Purpose

(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.

Stat. Auth.: ORS 496.138 & ORS 506.119
Stats. Implemented: ORS 496.146 & ORS 506.124
Hist.: FWC 15-1997, f. & cert. ef. 3-10-97

635-009-0405

Definitions

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.

(11) "Mark" means a distinctive identification such as a removed fin and/or characteristic scale pattern; a coded-wire tag imbedded in the fish in addition to a removed adipose fin; or some other method approved by the department for the purpose of identifying the origin of the fish.

(12) "Private Nonprofit Organization" means any organization recognized as such under Section 501(c)(3) of the Internal Revenue Code for purposes of charitable tax exemption.

(13) "Project Sponsor" means any public, private nonprofit, or STEP organization proposing or cooperating in a cooperative salmon hatchery project.

(14) "Public Organization" means any public agency in the State of Oregon, including but not limited to agencies of the state, counties, cities, municipalities, special districts, school districts, port districts, cooperating agencies pursuant to ORS 190.110, and public institutions of higher education.

(15) "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.

(16) "Salmon" means coho salmon, chinook salmon, and chum salmon.

(17) "STEP" means Salmon Trout Enhancement Program.

(18) "Stocking" means to release hatchery produced fish into state waters.

(19) "Supplementation" means continued planting of fish to maintain or increase fish abundance in areas where natural production is insufficient to meet management objectives.

Stat. Auth.: ORS 496.138 & ORS 506.119
Stats. Implemented: ORS 496.146 & ORS 506.124
Hist.: FWC 15-1997, f. & cert. ef. 3-10-97

635-009-0410

Policy and Goals

(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.

Stat. Auth.: ORS 496.138 & ORS 506.119
Stats. Implemented: ORS 496.146 & ORS 506.124
Hist.: FWC 15-1997, f. & cert. ef. 3-10-97

635-009-0415

Project Limitations

(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.

(B) Supplementation project: Five years.

(b) A new project proposal must be submitted and approved if the project is to continue beyond the time period authorized in section (1)(a) of this rule.

(2) Number of Fish Released.

(a) Total releases of hatchery fish (including cooperative salmon hatchery releases) shall not exceed limits on releases of hatchery fish established in an approved basin plan for the species and basin where the cooperative salmon hatchery fish are released. Priority of release of hatchery fish for compliance with this limit will be determined by OAR 635-007-0817;

(b) In basins without an approved basin plan, cooperative salmon hatchery releases shall not exceed 150,000 fish of each species reared, unless the commission approves pursuant to OAR 635-009-0430.

Stat. Auth.: ORS 496.138 & ORS 506.119
Stats. Implemented: ORS 496.146 & ORS 506.124
Hist.: FWC 15-1997, f. & cert. ef. 3-10-97

635-009-0420

Project Application

(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.

(6) Incomplete applications shall be returned to the project sponsor for completion.

(7) The department may require any additional information it deems necessary in order to evaluate the project proposal.

Stat. Auth.: ORS 496.138 & ORS 506.119
Stats. Implemented: ORS 496.146 & ORS 506.124
Hist.: FWC 15-1997, f. & cert. ef. 3-10-97

635-009-0425

Project Application Review

(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.

Stat. Auth.: ORS 496.138 & ORS 506.119
Stats. Implemented: ORS 496.146 & ORS 506.124
Hist.: FWC 15-1997, f. & cert. ef. 3-10-97

635-009-0430

Project Approval

(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.

(3) Referral shall occur when the department is satisfied that the project meets the criteria of OAR 635-009-0425(2), but the proposed releases exceed the limits established in OAR 635-009-0415(2).

(a) When a project is referred to the commission, the commission shall schedule the matter for consideration at a commission meeting;

(b) The commission's decision on a referred project shall include but not be limited to consideration of the factors enumerated in OAR 635-009-0425(2).

Stat. Auth.: ORS 496.138 & ORS 506.119
Stats. Implemented: ORS 496.146 & ORS 506.124
Hist.: FWC 15-1997, f. & cert. ef. 3-10-97

635-009-0435

Memorandum of Understanding

(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.

(b) Monitoring and evaluation requirements including:

(A) Fish propagation monitoring including records of: disease sampling; mortality; feeding; monthly length and weight samples; release location, date, size and number (marked and unmarked); collection and disposition of returning fish; number of eggs taken;

(B) Post release monitoring including: estimates of survival, contributions to the target fishery for supplementation projects or to natural production for rehabilitation projects, comparison of project benefits versus costs;

(C) Specific and measurable conditions for monitoring 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.

(c) Use of returning fish and eggs collected from returning fish;

(d) Approved methods for disposal of returning fish and fish products;

(e) Use of any proceeds generated by the disposal of returning fish and fish products;

(f) Duties, responsibilities, and financial obligations of each cooperator. Statement that the inability of any cooperator to maintain their obligation to the project will not require any other cooperator to expand their obligations;

(g) Specific conditions and schedules for suspension, reduction in number of fish released, increase in number of fish released, or termination of the project. Plans for orderly termination of the project including funds, personnel, and facilities for capture of returning adults for the full life cycle of all fish released;

(h) Any conditions or limitations on the project deemed necessary by the department.

(2) Representatives of all cooperators shall be involved in development of the memorandum of understanding. The memorandum of understanding shall address allocation of duties, responsibilities, and financial obligations of each cooperator (subject to project specific modification) for the following:

(a) Operations at the project site;

(b) Operations at department hatcheries;

(c) Collection and disposition of returning adults;

(d) Maintenance, security, and utilities at the project site;

(e) Transportation of fish and/or eggs from department hatchery to project;

(f) Fish propagation monitoring;

(g) Post release and compliance monitoring;

(h) Disease examinations;

(i) Eggs and/or fish for the project;

(j) Non-department permits and licenses are the responsibility of the project sponsor(s);

(k) Department permits and licenses are the responsibility of the department.

Stat. Auth.: ORS 496.138 & ORS 506.119
Stats. Implemented: ORS 496.146 & ORS 506.124
Hist.: FWC 15-1997, f. & cert. ef. 3-10-97

635-009-0440

Disposal of Fish and Fish Products

(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.

(4) The department may give written approval for the sale of fish or eggs to the project sponsor with the following conditions and consistent with OAR 635-007-0530:

(a) Only fish or eggs in excess of those required to fulfill the needs of section (3) of this rule may be sold;

(b) Project sponsor shall first obtain a wholesale fish dealer license. Monthly reports and payment of fees are required as provided in OAR 635-006-0200 through OAR 635-006-0220 on all fish sold;

(c) Proceeds from the sale of fish or eggs may be used for the following, in accordance with the memorandum of understanding:

(A) Actual costs incurred by the project sponsor or the department, directly related to the project;

(B) Equipment, supplies, and improvements to the facilities agreed to by all cooperators.

Stat. Auth.: ORS 496.138 & ORS 506.119
Stats. Implemented: ORS 496.146 & ORS 506.124
Hist.: FWC 15-1997, f. & cert. ef. 3-10-97

635-009-0445

Increases in Releases for Approved Projects

(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
Hist.: FWC 15-1997, f. & cert. ef. 3-10-97

635-009-0450

Project Suspension, Reduction, or Termination

(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.

(2) The department shall advise the project sponsor in writing of any suspension, alteration, or termination. Notification shall include the reason(s) for the action, duration of the action (if applicable), and any requirements for restarting or returning to the prior production program.

(3) Suspension or termination of a project shall automatically invalidate any department permits issued for such project as of the date of suspension or termination. Such action may result in confiscating (reclaiming) by the department any fish or eggs used in the project.

(4) Suspension or termination of a project is in addition to, and not in lieu of, other penalties provided by law.

Stat. Auth.: ORS 496.138 & ORS 506.119
Stats. Implemented: ORS 496.146 & ORS 506.124
Hist.: FWC 15-1997, f. & cert. ef. 3-10-97

635-009-0455

Ongoing Projects

(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
Hist.: FWC 15-1997, f. & cert. ef. 3-10-97

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