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State
Oregon Regulations
CHAP 635 DEPARTMENT OF FISH AND WILDLIFE DIVISION 11 STATEWIDE ANGLING REGULATIONS





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

DEPARTMENT OF FISH AND WILDLIFE

SPORT FISHING REGULATIONS FOR FISH,
SHELLFISH, AND MARINE INVERTEBRATES

DIVISION 11

STATEWIDE ANGLING REGULATIONS

635-011-0050

Procedures for Promulgation of Angling Regulations

(1) In accordance with ORS 496.162, Department staff shall continually monitor the status of fish, shellfish, and marine invertebrates and report promptly to the Director and Commission any serious or abnormal changes in health or abundance of the resource.

(2) Except as provided in subsections (2)(a) and (2)(b), the Commission shall adopt annually those rules prescribing seasons, bag limits, method of harvest, and specific restrictions considered necessary to provide optimum recreational and aesthetic benefits to anglers and other citizens;

(a) In the event more restrictive rules are needed to protect or preserve a species or stock experiencing depletion or drastic decline in health or abundance the Commission shall consider adopting rules at its earliest opportunity to prevent further depletion or decline;

(b) In the event more liberal rules are needed to allow anglers to harvest stocks which become more abundant than expected or which would otherwise be wasted, the Commission shall consider adopting rules at its earliest opportunity to prevent waste and provide additional public recreation.

(3) In order to facilitate incorporation of all available information relating to angling regulations, and to reduce the costs associated with promulgating rules to establish regulations and making those regulations available to the public, it is desirable that changes in seasons, bag limits, methods of harvest and specific regulations be made on a biannual basis and that during interim years, angling regulations be adopted without substantive change. In order to so limit substantive changes to angling regulations to the degree practicable, in even numbered years divisable by four, the following standards and procedures shall be followed:

(a) The Department will request proposals for new or modified regulations. Such proposals shall include: identity of sponsor, name of water or species, suggested wording, a stated objective, and reason rule is considered necessary. A standard form for submitting proposals will be available from Department offices by December 1 of the prior year;

(b) Absent extenuating circumstances only proposals received by February 29 will be included in the process described in subsections (3)(c), (3)(d), (3)(e), and (3)(f);

(c) A summary of all angling regulation proposals received by February 29 will be publicized through the news media to identify the issues which are being processed;

(d) Proposals received by February 29 shall be reviewed by Department staff and enforcement personnel. Like proposals may be grouped or consolidated. By May 15 the Department will provide the sponsor of the proposal a summary of this review and relevant comments or suggestions;

(e) After review, sponsors of proposals will be provided the opportunity to discuss the issue with staff. If necessary, each region will hold public meetings to allow opponents and proponents of proposals to be heard. The purpose of these meetings is to reach a consensus on proposals if possible. Such meetings will be held prior to August 1;

(f) When consensus cannot be reached between opponents and proponents of a proposal, the proposal shall be presented to the Commission as a disputed proposal. Disputed proposals not bearing 25 signatures or subsequent endorsements may be rejected by the Commission;

(g) A Commission hearing will be held in late summer or early fall to establish angling regulations. All properly submitted angling regulation proposals in compliance with subsections (3)(a) and (3)(b) shall be considered; others may be considered at discretion of Commission;

(h) In determining the merits and necessity of a proposed regulation and in making the decision on adoption, the Commission may consider one or all of the following. The proposed rule should be:

(A) Easily understood, with clearly defined limits or boundaries;

(B) Enforceable;

(C) Consistent with statutory mandates and Department management policies, goals, plans, and rules;

(D) Consistent with biologically sound principles;

(E) Consistent with court orders, and approved agreements between ODFW and other management entities or landowners;

(F) Supported by affected citizens;

(G) Consistent with regulations on similar or nearby waters, unless social or biological circumstances require diversity;

(H) Necessary to achieve an identified objective;

(I) Necessary to balance harvest with reproduction or recruitment;

(J) Necessary to provide angling opportunity to sequential fisheries;

(i) Proposed regulations which fail to meet these conditions may be rejected by the Commission.

(4) Nothing in this rule shall in any way limit any rights conferred under ORS 183.390 and OAR 137-001-0070.

Stat. Auth.: ORS 496.138, 496.146 & 506.119
Stats. Implemented: ORS 496.162 & 506.129
Hist.: FWC 6-1987, f. & ef. 2-20-87; FWC 26-1987, f. & ef. 6-18-87; FWC 69-1994, f. 9-28-94, cert. ef. 10-1-94; DFW 70-2001, f. & cert. ef. 8-10-01; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05

635-011-0065

Authority to Take Fish

In accordance with ORS 496.162 and 506.129, Department staff may take fish necessary for Department programs in the times, places and manner necessary to collect broodstock for STEP and hatchery programs, take for scientific purposes, collect excess hatchery returns, trap and haul juvenile and adult fish, monitor and evaluate various species and stocks of fish and for such other purposes that implement Commission approved basin and species plans.

Stat. Auth.: ORS 496.162, 506.129
Stats. Implemented: ORS 496.162 and 506.129
Hist.: DFW 75-2000(Temp), f. & cert. ef. 11-21-00 thru 5-17-01

635-011-0066

Authority to Take Fish

In accordance with ORS 496.162 and 506.129, Department staff and designated representatives may take fish necessary for Department programs in the times, places and manner necessary to collect broodstock for STEP and hatchery programs, take for scientific purposes, collect excess hatchery returns, trap and haul juvenile and adult fish, monitor and evaluate various species and stocks of fish and for such other purposes that implement Commission approved basin and species plans.

Stat. Auth.: ORS 496.162, 506.129
Stats. Implemented: ORS 496.162, 506.129
Hist.: DFW 111-2001, f. & cert. ef. 11-29-01; DFW 117-2001(Temp), f. & cert. ef. 12-20-01 thru 6-14-2002; DFW 19-2002, f. & cert. ef. 3-20-02; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05

635-011-0072

Bait Restrictions

Notwithstanding rules as incorporated in the 2006 Oregon Sport Fishing Regulations, it is unlawful to use lamprey as bait in any recreational fishery.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.138, 496.146 & 506.119
Stats. Implemented: ORS 496.162, 506.129 & 508.306
Hist.: DFW 24-2005, f. 4-15-05, cert. ef. 5-1-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06

635-011-0100

General Rule

It is unlawful to take any fish, shellfish, or marine invertebrates for personal use except as provided in these rules which include and incorporate the 2006 Oregon Sport Fishing Regulations by reference. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the 2006 Oregon Sport Fishing Regulations.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.138, 496.146 & 506.119
Stats. Implemented: ORS 496.162 & 506.129
Hist.: FWC 11-1982, f. & ef. 2-9-82; FWC 2-1984, f. & ef. 1-10-84; DFW 70-2001, f. & cert. ef. 8-10-01; DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02; DFW 26-2002, f. & cert. ef. 3-21-02; DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06

635-011-0102

Free Fishing Day

The Saturday and Sunday immediately following the first Monday in the month of June shall be designated as an annual free fishing weekend. No angling licenses or tags shall be required for the taking of fish for personal use in Oregon waters on this weekend.

Stat. Auth.: ORS 183.335
Stats. Implemented: Sec. 2, Ch. 344, OL 1989; HB 2221, 1995
Hist.: FWC 103-1989, f. 9-29-89, cert. ef. 1-1-90; FWC 92-1995, f. 12-8-95, cert. ef. 12-15-95; DFW 70-2001, f. & cert. ef. 8-10-01

635-011-0104

Licenses, Tags, and Permits

Hatchery Salmon and Steelhead Harvest Tag Requirements:

(1) Persons holding an annual angling license and an annual angling harvest tag may purchase Hatchery Salmon and Steelhead Harvest Tags. There is no limit on the number of Hatchery Salmon and Steelhead Harvest Tags an angler may purchase per year. The purchase of each tag entitles the angler to take a combined total of 10 hatchery salmon or steelhead;

(2) Only adipose or otherwise fin-clipped adult salmon or adipose fin-clipped steelhead may be recorded on the Hatchery Salmon and Steelhead Harvest Tag;

(3) A valid annual angling license and a valid annual angling harvest tag must be in possession while fish validated on the Hatchery Salmon and Steelhead Harvest Tag are in angler's possession. All tags purchased must be in angler's possession while angling for salmon or steelhead.

(4) Fish must be recorded immediately upon removal from the water and fish must be recorded in the chronological order caught. The angler who landed the fish must record the fish on his or her tag irrespective of who hooked the fish;

(5) Hatchery Salmon and Steelhead Harvest Tags should be returned to ODFW upon expiration.

Stat. Auth.: ORS 496.138, ORS 496.146 & ORS 506.119
Stats. Implemented: ORS 496.162 & ORS 506.129
Hist.: DFW 101-2001, f. & cert. ef. 10-23-01

635-011-0175

Special Northern Pikeminnow Bounty Fishery

(1) During times and at registration stations to be specified by the Department, a voucher for payment of bounty in an amount to be specified by the Department may be issued for each Northern pikeminnow (Ptychocheilus oregonensis) taken by legal angling methods from the mouth of the Columbia River to the boat restricted zone below the Priest Rapids Dam; from the mouth of the Snake River to the boat restricted zone below Hells Canyon Dam; and from backwaters and sloughs as well as up to 400 feet into the tributaries of the reaches listed above on the Columbia and Snake rivers. In addition, the following requirements shall be met to qualify for payment:

(a) Each angler shall register in person, prior to fishing, at one of the registration stations on each fishing day. A fishing day is a 24-hour period from 9:01 p.m. through 9:00 p.m. of the following day;

(b) Each angler shall exchange in person their personally caught eligible Northern pikeminnow for a voucher during open hours at the same registration station where the angler registered to begin fishing during that fishing day. The hours of operation for each registration station are printed in the program brochure each year;

(c) To be eligible for a voucher, each Northern pikeminnow must be nine inches or longer in total length and must be presented in fresh (iced or refrigerated) condition or alive;

(d) Anglers shall provide any information regarding their catch requested by Department personnel at the registration site and by mail;

(e) Anglers shall obtain angling licenses and shall use only a single rod, reel, and line with up to three hooks with no more than three points each.

(2) A bounty payment may be refused if in the judgment of the Department any of the above conditions have not been met.

Stat. Auth.: ORS 496.138, ORS 496.146, & ORS 506.119
Stats. Implemented: ORS 496.162 & ORS 506.129
Hist.: FWC 41-1990, f. & cert. ef. 5-23-90; FWC 51-1991(Temp), f. 5-22-91, cert. ef. 5-24-91; FWC 23-1993, f. 3-19-93, cert. ef. 3-22-93; DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99; DFW 38-2001(Temp) f. & cert. ef. 5-22-01 thru 11-18-01


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