Oregon Administrative Code

635-006-0213 Electronic Fish Ticket — Limited Fish Seller Permit (1) This regulation is in addition to, and not in lieu of, the provisions contained in OAR 635-006-0210. (2) For food fish or shellfish sold under a Limited Fish Seller Permit, the Limited Fish Seller shall complete…

635-006-0215 Monthly Remittance Report (1) A monthly report is required of all licensed: (a) Wholesale fish dealers, wholesale fish bait dealers, food fish canners, or shellfish canners receiving food fish or shellfish from licensed commercial fishers or bait fishers; and (b) Lim…

635-006-0220 Waiver of Monthly Report (1) Any licensed wholesale fish dealer, wholesale fish bait dealer, food fish canner, or shellfish canner may request waiver of the filing of monthly reports when either no food fish or shellfish will be received for more than two months in a…

635-006-0225 Purchase, Record, Report, and Sale of Steelhead Trout and Walleye from Treaty Indian Fisheries (1) Steelhead trout and walleye lawfully taken by treaty Indians during commercial fishing seasons may be purchased by licensed wholesale fish dealers, canners, or buyers p…

635-006-0230 When Possession of Steelhead or Walleye Unlawful Except as otherwise provided by law or rule, it is unlawful for any person to have in possession either steelhead trout or walleye taken by any means other than by angling. Notwithstanding OAR 635-006-0225, it is lawfu…

635-006-0231 When Possession of Salmon Unlawful Except as otherwise provided by law or rule, it is unlawful to possess or distribute commercially caught salmon that has been taken by gear other than “troll,” unless authorized by the Oregon Department of Fish and Wildlife. Statuto…

635-006-0232 Damages for Commercial Fishing Violations For the purposes of ORS 506.660 and 506.720, the fair market value of food fish shall be the market price of food fish or shellfish at the same time and place that the fish are landed. When the market price cannot be determin…

635-006-0233 Payment for Legal Commercial Fishing Overages For purposes of legally landed overages where proceeds are to be remitted to the state, payment shall be at fair market value as defined in OAR 635-006-0001. Statutory/Other Authority: ORS 506.119 Statutes/Other Implement…

635-006-0235 Revocation of and Refusal to Issue Commercial Fishing and Fish Dealer Licenses (1) Except as provided in section (2) of this rule in accordance with ORS 508.485 and ORS 508.490, upon the third conviction or third forfeiture of bail within three years for violation of…

635-006-0400 Purpose of the Columbia River Gillnet Salmon Vessel Fleet Reduction Program The purpose of the Columbia River gillnet salmon vessel fleet reduction program is to obtain an effective and expeditious reduction of the number of vessels in the non-Indian Columbia River c…

635-006-0405 Definitions Used In the Columbia River Gillnet Salmon Vessel Fleet Reduction Program For the purpose of OAR 635-006-0400 through 635-006-0425: (1) "Buy-back" means the purchase by the Department of a current permit during the program. (2) "Current" means either a 198…

635-006-0410 Columbia River Gillnet Salmon Vessel Fleet Reduction Program Eligibility Requirements In order to be eligible to participate in the program, a permit holder must have held a license for a vessel which was used lawfully to land in Oregon salmon taken in the Columbia R…

635-006-0412 Death of Eligible Permit Holder (1) In the event that an eligible permit holder dies subsequent to January 29, 1982, his or her permit may then be purchased from the personal representative or executor administering the estate of the permit holder. (2) In the event t…

635-006-0415 Notification of Permit Holders All permit holders shall be notified of the program by 1st class mail to the last known address of which the Department has notice in writing from the permit holder; and shall be provided with information explaining the program’s purpos…

635-006-0420 Columbia River Gillnet Salmon Vessel Fleet Reduction Program Participation Requirements In order to participate in the program a permit holder shall provide to the Department: (1) A completed application form including the written consent of each person holding a sec…

635-006-0423 Ranking of Applications The Department shall separate eligible applicants into one of the following categories: (1) Category A shall contain permit holders who held licenses prior to February 28, 1977. (2) Category B shall contain permit holders not contained in Cate…

635-006-0425 Purchase of Permits Permits shall first be purchased from Category A. Permits shall be purchased from Category B only after purchases approved by the Commission from Category A are selected. (1) Permits shall be purchased beginning with the lowest offer price. (2) Ea…

635-006-1005 Introduction to Restricted Participation Systems Organization (1) In 2012, many commercial fishing regulations were reorganized with significant parts of the Restricted Participation Systems regulations moved to their related fishery sections in division 4 and divisi…

635-006-1015 Requirement for Permit (1) The following provide general requirements for permits: (a) Gillnet salmon — see ORS 508.775; (b) Troll salmon — see ORS 508.801 and 508.828; (2) The permits required by section (1) of this rule are in addition to and not in lieu of the com…

635-006-1035 Eligibility Requirements for a Permit Eligibility for a limited entry permit is as follows: (1) Gillnet salmon — see ORS 508.784. (2) Troll salmon — see ORS 508.810. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 50…

635-006-1050 Evidence of Limited Entry Permit Eligibility In making determinations regarding issuance or renewal of any limited entry permit, the Department and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements Department record…

635-006-1060 Revocation and Refusal to Issue Permits The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of limited entry fisheries permits as follows: (1) Gillnet salmon permit — see ORS 508.787. (2) Troll salmon permit — see ORS 508.813. Statutory/Othe…

635-006-1065 Review of Denials (Restricted Participation Systems) (1) An individual whose application for issuance or renewal of a limited entry permit is denied by the Oregon Department of Fish and Wildlife (Department) may request review of the Department’s decision by doing so…

635-006-1075 Renewal of Limited Entry Permit (1) The relevant limited entry permit may be renewed as follows: (a) Gillnet salmon – pursuant to ORS 508.781 and ORS 508.790; (b) Ocean troll salmon – pursuant to ORS 508.807, ORS 508.808, and ORS 508.816. (2) An application for renew…

635-006-1085 Lottery for Certain Limited Entry Fisheries (1) A lottery for issuance of permits shall be conducted as follows: (a) Gillnet salmon — see ORS 508.792; (b) Troll salmon — see ORS 508.819; (2) Each applicant for a permit lottery shall complete the application form pres…

635-006-1095 Transferability of Permits Any transfer of a permit away from a vessel without the written consent of each person holding a security interest in such vessel is void. The following rules apply to transfer of limited entry fishery permits: (1) Gillnet salmon - see ORS …

635-006-1120 Vessel Length Modification in Ocean Dungeness Crab Fishery No vessel holding a ocean Dungeness crab permit shall be modified to increase its length by more than 10 feet during any 60-month period. If a permitted vessel is modified, the owner shall promptly notify the…

635-006-1200 Commercial Fishery Permit Boards See ORS 508.755. In addition: (1) The members of the Boards established by ORS 508.755 shall: (a) Be members in good standing within their community; (b) Serve staggered three-year terms. The term of a Board member shall end three yea…

635-006-1210 Agency Representation by Employee (1) An officer or employee of the agency, designated by the Director, with the written consent of the Attorney General pursuant to ORS 183.452 is authorized to represent the department in contested case hearings. (2) An agency repres…

635-007-0501 Definitions As used in this Division and Division 40: (1) "Anadromous" means fish which migrate from saltwater to freshwater for spawning. (2) "Aquaria species" means those fish legally acquired and sold in the pet store trade for use in home aquaria, except game fis…

635-007-0502 Purpose of the Native Fish Conservation Policy (1) The purpose of this policy is to ensure the conservation and recovery of native fish in Oregon. The policy focuses on naturally produced native fish. This focus is because naturally produced native fish are the prima…

635-007-0503 Native Fish Conservation Policy Goals (1) Prevent the serious depletion of any native fish species by protecting natural ecological communities, conserving genetic resources, managing consumptive and nonconsumptive fisheries, and using hatcheries responsibly so that …

635-007-0504 Key Elements of Native Fish Conservation Policy (1) Naturally produced fish are foundational to the long-term sustainability of native fish species, hatchery programs, and fisheries in Oregon. Therefore, conservation of naturally produced native fish species in the g…

635-007-0505 Implementing the Native Fish Conservation Policy (1) Conservation Plans: The Native Fish Conservation Policy shall be implemented primarily through conservation plans developed for individual species management units and adopted by the Commission. Conservation plans …

635-007-0506 Education and Training (1) The Department shall develop a training curriculum for staff, Commissioners, management partners, and the public that focuses on the Native Fish Conservation Policy and its implementation. (2) Training shall be provided as deemed appropriat…

635-007-0507 Interim Criteria As temporary guidance to ensure the conservation of native fish prior to the completion of conservation plans, the Department shall use the interim criteria described in this rule. Once a conservation plan is approved, these interim criteria will no …

635-007-0509 Implementation of Interim Criteria (1) Species management units that do not meet, or that the department determines are unlikely to meet in the near future, at least four of the interim criteria specified in 635-007-0507 shall be classified as "at risk.” Species mana…

635-007-0530 Sale of Salmon and Trout and Their Eggs (1) The Department will sell salmon and trout or the eggs of salmon and trout after first assuring that, within the capability of the Department to do so, the policy of the state as set forth in ORS 496.012 relating to trout an…

635-007-0535 Releasing Resident Fish in Private Waters It is the policy of the Department to refuse to release fish into private waters which are not open to the general public. However, the Department may release fish into: (1) Public waters where reasonable access use fees are …

635-007-0542 Purpose of the Hatchery Management Policy (1) The purpose of the Hatchery Management Policy is to describe the hatchery tool and its range of applications. The Hatchery Management Policy also provides general fish culture and facility guidelines and measures to maint…

635-007-0543 Hatchery Management Policy Goals (1) Foster and sustain opportunities for sport, commercial and tribal fishers consistent with the conservation of naturally produced native fish. (2) Contribute toward the sustainability of naturally produced native fish populations t…

635-007-0544 Operating Principles for Hatchery Management (1) Hatchery management and reform will generally proceed from the following hatchery premise: The ideal hatchery removes as many random mortality effects as possible without having any other influence on the natural life …

635-007-0545 Hatchery Program Management Plans (1) The Department shall develop hatchery program management plans for all hatchery programs. Clear management objectives that describe the role and expectations for hatchery programs relative to species conservation, watershed healt…

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 cod…

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 technolo…

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 w…

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…

635-007-0605 Fish Transport Permit Application (1) Any person wishing to obtain a Fish Transport Permit shall complete and submit to the Department the appropriate permit application form. (2) A fee of $14.00 (no license agent fee) shall be charged for each Fish Transportation Pe…

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…

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 Depa…