OAR Chapter 635 — Department of Fish and Wildlife

Division 1 ADMINISTRATION

Or. Admin. R. 635-001-0000 Notification of Interested Persons of Proposed Rules

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

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

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

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

History

Statutory/Other Authority: ORS 183.335 & 183.360
Statutes/Other Implemented: ORS 183.335 & 183.360
FWC 81-1994, f. & cert. ef. 10-26-94
FWC 35, f. & ef. 1-13-76, Renumbered from 630-001-0000

Or. Admin. R. 635-001-0005 Model Rules of Procedure

The Model Rules of Procedure under the Administrative Procedures Act, promulgated by the Attorney General and in effect January 1, 2024 are hereby adopted as the rules of procedures of the Fish and Wildlife Commission and the Department of Fish and Wildlife.

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

History

Statutory/Other Authority: ORS 183.341(2)
Statutes/Other Implemented: ORS 183.341
DFW 97-2024, amend filed 10/17/2024, effective 10/17/2024
DFW 4-2006, f. & cert. ef. 2-15-06
DFW 50-2004, f. & cert. ef. 6-2-04
DFW 83-2003, f. & cert. ef. 8-28-03
DFW 1-2002, f. & cert. ef. 1-3-02
FWC 8-1994, f. & cert. ef. 2-7-94
FWC 28-1992, f. & cert. ef. 4-22-92
FWC 112-1991, f. & cert. ef. 9-30-91
FWC 21-1986, f. & ef. 6-20-86
FWC 64-1983, f. & ef. 11-17-83
FWC 2-1982, f. & ef. 1-11-82
FWC 3-1981, f. & ef. 1-21-81
FWC 8-1978, f. & ef. 3-7-78
FWC 25, f. & ef. 11-28-75, Renumbered from 630-001-0005
GC 266, f. 10-18-73, ef. 11-11-73
GC 249, f. & ef. 12-1-71
GC 86, f. 8-26-58

Or. Admin. R. 635-001-0010 Legal Notice Mailing List and Fee

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action given pursuant to paragraph (a) of subsection (1) of ORS 183.335 and copies of each rule adopted, amended, or repealed as filed in the office of the Secretary of State pursuant to subsection (1) of ORS 183.355 shall be notified that prior to placement on such mailing list an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

History

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 183
FWC 24, f. 11-28-75, ef. 1-1-76, Renumbered from 630-001-0010

Or. Admin. R. 635-001-0020 Commission Policy on Advisory Bodies

The Commission shall, consistent with state law:

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

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

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

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

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

History

Statutory/Other Authority: ORS 496.138
Statutes/Other Implemented: ORS 496.085, 496.228, 496.460, 506.465, 508.755 & Sec. 11, Ch. 512 & OL 1989
DFW 89-1998, f. & cert. ef. 11-25-98

Or. Admin. R. 635-001-0025 Civil Damages

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

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

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

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

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

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

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

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
FWC 15-1982, f. & ef. 3-5-82

Or. Admin. R. 635-001-0030 Rendering Recompensable Assistance to Other State Agencies

The Department shall:

(1) Track and prepare statements each fiscal year reporting the number of hours spent by department personnel performing recompensable assistance for any executive department agency, including professional, investigatory, administrative and clerical services, capital outlay, and the hourly rate charged, based on the class of department personnel performing the services.

(2) Send statements to the agency or other entity describe in ORS 496.167 receiving services at the closing of each fiscal year.

(3) Develop an estimated cost of expenses for work described in ORS 496.167 each biennium; and issue an invoice to each agency or other entity described in ORS 496.167, for which estimated cost of expenses were prepared.

History

Statutory/Other Authority: ORS 496.167 & 496.168
Statutes/Other Implemented: ORS 496.167 & 496.168
DFW 30-2021, amend filed 03/23/2021, effective 03/23/2021
DFW 161-2015, f. & cert. ef. 12-9-15

Or. Admin. R. 635-001-0035 Sampling Data and Tag Recovery

It is unlawful for any person licensed by the Department of Fish and Wildlife to fail to comply with the directions of authorized Department personnel related to the collection of sampling data or material (e.g., tissue and blood samples, otoliths and other bones, fins, shells, parasites, tags, etc.) from fish, shellfish, or marine invertebrates. It is also unlawful for any such person to fail to relinquish to the Department any part of a salmon or other food fish containing coded-wire tags, including but not limited to, the snouts of those salmon that are marked by having clipped adipose fins.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
DFW 155-2009, f. 12-28-09, cert. ef. 1-1-10
FWC 20-1984, f. & ef. 5-11-84
FWC 26-1983(Temp), f. 6-30-83, ef. 7-1-83

Or. Admin. R. 635-001-0050 License Refunds

Reserving Number

History

Statutory/Other Authority: ORS 293.445
Statutes/Other Implemented: ORS 293.445
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 125-2011, f. & cert. ef. 9-8-11
Reverted to FWC 81-1994, f. & cert. ef. 10-26-94
DFW 4-2009(Temp), f. 1-13-09, cert. ef. 1-14-09 thru 7-12-09
FWC 81-1994, f. & cert. ef. 10-26-94
FWC 25-1987, f. & ef. 6-11-87
FWC 79-1985, f. & ef. 12-11-85

Or. Admin. R. 635-001-0055 License Exchanges

Reserving Number

History

Statutory/Other Authority: ORS 293.445
Statutes/Other Implemented: ORS 293.445
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 125-2011, f. & cert. ef. 9-8-11

Or. Admin. R. 635-001-0060 Tribal I.D. Requirements

Reserving Number

History

Statutory/Other Authority: ORS 497
Statutes/Other Implemented: ORS 497
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
FWC 102-1987, f. 12-16-87, ef. 1-1-88

Or. Admin. R. 635-001-0070 Agency Representation by Employee

(1) Subject to the approval of the Attorney General, an officer or employee of the Department, designated by the Director, is authorized to represent the Department in contested case hearings concerning:

(a) Suspension from the Landowner Preference Program or the Master Hunter Program;

(b) Suspension of certification as a Hunter Education Instructor;

(d) Suspension or revocation of recreational fishing or hunting licenses or tags under the Wildlife Violator Compact;

(e) Suspension or revocation of commercial fishing licenses, recreational fishing licenses, or hunting licenses;

(f) Suspension or revocation of limited entry commercial fishing permits;

(g) Denial of fish propagation license applications;

(h) Suspension or revocation of fish propagation licenses; or

(i) Denial of commercial fishing licenses, vessel licenses, or limited-entry permit applications.

(2) The agency representative may not give legal advice or present legal argument on behalf of the agency.

(a) “Legal argument” includes arguments on:

(A) The jurisdiction of the agency to hear the contested case;

(B) The constitutionality of a statute or rule or the application of a constitutional requirement to an agency; and

(b) Legal argument does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on:

(A) The application of statutes or rules to the facts in the contested case;

(B) Comparison of prior actions of the agency in handling similar situations;

(D) The admissibility of evidence; and

(E) The correctness of procedures being followed in the contested case hearing.

History

Statutory/Other Authority: ORS 496.138 & ORS 506.119
Statutes/Other Implemented: ORS 496.138, ORS 183.452 & ORS 506.119
DFW 78-2024, amend filed 09/16/2024, effective 09/16/2024
DFW 126-2010, f. & cert. ef. 9-10-10

Or. Admin. R. 635-001-0100 Definition

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

History

Statutory/Other Authority: ORS 183, 299 & 496
Statutes/Other Implemented: ORS 183, 299 & 496
FWC 96-1987, f. & ef. 11-17-87
FWC 3-1982, f. & ef. 1-11-82

Or. Admin. R. 635-001-0105 Bass and Walleye Fishing Tournaments

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

(1) Permit Application and Processing; General Provisions.

(a) The Department will accept applications for bass tournaments beginning November 1 of the year preceding the year in which the proposed tournament will be held. Requests will be processed and permits issued in order of time of receipt at the Bend ODFW office beginning December 15 of the year preceding the year in which the proposed tournament will be held.

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

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

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

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

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

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

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

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

(2) Large Tournaments.

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

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

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

(d) If an organization has applied for and received a tournament permit for a particular lake continuously for the past 25 years, that organization will receive “grandfather” rights to a permit on that lake. That organization will retain “grandfather” rights as long as it:

(A) continuously reapplies for a permit every year; and

(B) draws a minimum of 50 participants for two years in a 3-year period. If an organization with “grandfather” rights to a certain waterbody fails to meet the above criteria, ODFW shall rescind that organization’s grandfather rights but may permit the organization to retain its grandfather rights if it failed to meet these criteria due to circumstances beyond its control. Once organizations with grandfather rights are allotted permits (which includes preference for selecting a date for a particular lake) the remaining permits will be awarded to competing organizations through a point system as described below:

(i) Every year that an organization applies for one of the remaining permits and does not draw one, that organization receives a “point.” An organization can only receive a maximum of one point per year per waterbody. An organization must apply every year to retain their points, otherwise their points go to zero;

(ii) If the number of organizations competing for the remaining permits after the grandfather allocation on a waterbody is less than the number of permits available, all organizations receive a permit and lose all of their points;

(iii) If the number of organizations competing for the remaining permits on a waterbody is more than the number of permits available after the grandfather allocation, permits are allocated by lottery among the permit applicants with the most points. If permits are still available after this allocation, they are allocated by lottery among the remaining organizations with the next most points, and so on until all authorized permits are allocated;

(iv) If an organization with a permit applies for an additional permit, it will only be considered after all organizations without permits have been granted one.

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

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

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

(3) Small Bass or Walleye Tournaments.

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

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

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

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

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

History

Statutory/Other Authority: ORS 498.118, 496.138 & 496.146
Statutes/Other Implemented: ORS 498.279 & 498.284
DFW 124-2010, f. & cert. ef. 9-3-10
DFW 127-2003, f. 12-11-03, cert. ef. 1-1-04
DFW 78-2001, f. & cert. ef. 8-24-01
FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96
FWC 96-1987, f. & ef. 11-17-87

Or. Admin. R. 635-001-0110 Pikeminnow Fishing Derby

In accordance with Senate Bill 958 (2015), an organizer of a fishing derby for Northern pikeminnow (Ptychocheilus oregonensis) may request a free derby license from the Oregon Department of Fish and Wildlife (Department) with the following restrictions:

(1) A derby license from the Department is required. An organizer must apply for a license at least 60 days prior to the event. The license must be in possession of the organizer at the derby location, and must be shown to Oregon State Police (OSP) or Department representatives on request. ODFW shall set license conditions after consideration of the impacts on sensitive populations or habitats for fish species, as well as social impacts.

(2) The maximum duration of a fishing derby shall be three days.

(3) No more than two fishing derby licenses may be issued per year for a given body of water.

(4) An organizer of a fishing derby is required to obtain a separate fishing derby license for each fishing derby.

(5) All current angling regulations and license requirements for the location of the derby remain in effect and shall not be altered to accommodate the derby. In addition, special license conditions such as reduced bag limits may be applied in order to protect affected fish stocks.

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

(7) The derby organizer is responsible for identifying non-profit outlets or commercial fish or bait dealers for any unwanted fish which are retained from the derby. Only Northern pikeminnow may be sold to commercial fish or bait dealers and only for charitable fund-raising purposes. The derby license exempts the licensee from any commercial licensing requirements and the wholesale fish and bait dealers are not required to report the Northern pikeminnow purchased from the derby to the Department on fish receiving tickets or pay ad-valorem fees.

(8) Derby organizers are responsible for meeting all other state and local requirements for such things as special use permits, etc.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162 & 506.129
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 92-2015(Temp), f. & cert. ef. 7-24-15 thru 12-31-15

Or. Admin. R. 635-001-0116 Game Fish Tournaments

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

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

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

(3) The fee for a Game Fish Tournament Permit is $121.50. No license agent fee is required.

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

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

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

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

History

Statutory/Other Authority: SB 247 (2015), ORS 496.118, ORS 496.138, ORS 496.146 & ORS 497.071
Statutes/Other Implemented: ORS 497.071 & ORS 498.279
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 90-1998, f. & cert. ef. 11-25-98

Or. Admin. R. 635-001-0150 Purpose

The purpose of these rules is to establish the process and requirements for hunters to be awarded controlled hunt preference points (preference points) as an alternative to cash for providing information to the Oregon State Police (OSP) and Oregon Hunters Association (OHA) “Turn-In-Poachers” (TIP) program, pursuant to ORS 497.112. The program is intended to encourage hunters to report wildlife violations they witness involving antelope, bear, cougar, deer, elk, moose, mountain goat, mountain sheep or wolf.

History

Statutory/Other Authority: ORS 496.138, 496.146, ORS 496.012, 496.162 & 497.112
Statutes/Other Implemented: ORS 496.138, 496.146, ORS 496.012, 496.162 & 497.112
DFW 139-2018, adopt filed 09/17/2018, effective 09/17/2018

Or. Admin. R. 635-001-0155 Individual Participation

A person is eligible to receive preference points provided the person:

(1) Provides information that OSP determines led to an arrest or citation issued for the unlawful take, possession, or waste of antelope, bear, cougar, deer, elk, moose, mountain goat, mountain sheep, or wolf;

(2) Asks to receive preference points in lieu of a cash reward for the information provided; and

(3) Have or establish an ODFW Identification Number.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 497.112
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 497.112
DFW 139-2018, adopt filed 09/17/2018, effective 09/17/2018

Or. Admin. R. 635-001-0160 Preference Points Awarded

(1) Preference points awarded vary by species involved in the violation as follows:

Species/Preference Points Awarded

(a) Mountain (Bighorn) Sheep/5 Points

(b) Mountain Goat/5 Points

(d) Wolf/5 Points

(e) Elk/4 Points

(f) Deer/4 Points

(g) Pronghorn/4 Points

(h) Bear/4 Points

(i) Cougar/4 Points

(2) For reported violations involving multiple animals or species, points awarded shall be based on the species with the highest point value, plus one point for each additional animal or species for which an arrest was made or citation issued. For example, a report leading to citations issued for one moose, one elk and one deer would receive seven points total (five for the moose, one for the elk, and one for the deer).

(3) If more than one individual reports the same violation:

(a) OSP will determine which reporting person(s) is eligible to be offered the alternative of receiving preference points for providing information that led to the arrest or citation.

(b) Each eligible person who elects to receive preference points will receive the total points awarded for the arrests or citations issued. Preference points awarded will not be split among eligible persons.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 497.112
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 497.112
DFW 139-2018, adopt filed 09/17/2018, effective 09/17/2018

Or. Admin. R. 635-001-0165 Process for Awarding Preference Points

(1) If OSP determines information provided by the person(s) led to an arrest or citation, the officer sends the “Request for Reward” form to the OSP Salem Headquarters (HQ).

(2) OSP HQ staff will review the request report and if approved send the Request for Reward form to the Department’s License Services Section.

(3) Department staff will review the preference points Request for Reward form and contact the individual(s) eligible to receive the reward preference points.

(4) The individual(s) eligible to receive the reward preference points must complete a form supplied by the Department’s License Services Section within 90 days of notification of eligibility clearly indicating to which species preference point file they request the awarded preference points be added.

(5) The reward points must be placed in the preference point file for one species.

(6) Once placed in the preference point file for a species, the awarded points are subject to the Oregon Administrative Rules that govern preference points.

(7) Current cases that OSP has not yet submitted a “Request for Reward” form to the OSP Salem HQ are eligible for awarding preference points under the process rules in this section.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 497.112
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 497.112
DFW 139-2018, adopt filed 09/17/2018, effective 09/17/2018

Or. Admin. R. 635-001-0200 Wildlife Law Violator Compact — Purpose

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

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
FWC 43-1991, f. 5-1-91, cert. ef. 5-6-91

Or. Admin. R. 635-001-0205 Definitions

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

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

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

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
FWC 43-1991, f. 5-1-91, cert. ef. 5-6-91

Or. Admin. R. 635-001-0210 Standard for License Suspension or Revocation

(1)(a) Upon receipt of the following information from a party state to the Compact, the Director shall initiate license suspension proceedings in accordance with OAR 635-001-0215:

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

(2) Upon receipt of the following information from a party state to the Compact, the Director or Commission may initiate license suspension or revocation proceedings as appropriate in accordance with OAR 635-001-0215.

(a) That a person has had his or her license privileges suspended or revoked in a party state for a fish and wildlife offense. The period of suspension is the period provided by Oregon statute for an equivalent offense or such longer period imposed by the party state.

(b) That a person has been convicted in a party state of a fish or wildlife offense. The period of suspension is the period provided by Oregon statute for an equivalent offense or such longer period imposed by the party state.

(3) Any suspension under this rule begins when the Commission or Department issues a final order of suspension.

History

Statutory/Other Authority: ORS 496.750
DFW 39-2016, f. & cert. ef. 4-27-16
DFW 130-2007, f. 12-20-07, cert. ef. 1-1-08
DFW 40-2006, f. & cert. ef. 6-9-06
FWC 43-1991, f. 5-1-91, cert. ef. 5-6-91

Or. Admin. R. 635-001-0215 Procedures to Suspend or Revoke

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

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

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

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

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

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

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

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

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 40-2006, f. & cert. ef. 6-9-06
FWC 43-1991, f. 5-1-91, cert. ef. 5-6-91

Or. Admin. R. 635-001-0220 Compact Administrator

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

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
FWC 43-1991, f. 5-1-91, cert. ef. 5-6-91

Or. Admin. R. 635-001-0230 Payment of R&E Revenues to Watershed Improvement Grant Fund

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

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

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

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

History

Statutory/Other Authority: Sec. 13, Ch. 8, HB 3700 & 1997
Statutes/Other Implemented: Sec. 13, Ch. 8, HB 3700 & 1997
FWC 55-1997, f. & cert. ef. 9-4-97

Or. Admin. R. 635-001-0301 Inspection of Public Records

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

History

Statutory/Other Authority: ORS 192.420
Statutes/Other Implemented: ORS 192.420
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
DFW 34-2000, f. & cert. ef. 6-23-00

Or. Admin. R. 635-001-0311 Information Officers and Certification of Public Records

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

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

(b) Director of the Department, Deputy Directors, Regional Managers, Division Administrators and section heads, for records and files of the Department and its staff;

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

History

Statutory/Other Authority: ORS 192.314, ORS 192.319 & ORS 192.324
Statutes/Other Implemented: ORS 192.314, ORS 192.319 & ORS 192.324
DFW 67-2019, amend filed 06/04/2019, effective 06/04/2019
DFW 34-2000, f. & cert. ef. 6-23-00

Or. Admin. R. 635-001-0321 Requests to Inspect or Obtain Copies of Public Records

(1) A request to inspect or receive a copy of a public record must:

(a) Be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of persons involved, business or organization involved and;

(b) The name, address, phone number and email address of the person requesting the public records.

(2) Requests must be submitted through the online form at https://www.dfw.state.or.us/agency/public_record/request.asp ; emailed to ODFW.PublicRecords@state.or.us; sent to the Office of the Director, 4034 Fairview Industrial Drive SE, Salem, OR 97302, or faxed to (503) 947-6042. Requests for certain commercial fishing records (Vessel Records, Crab Permit Records and Individual Records) must use the appropriate forms found online at www.dfw.state.or.us/fish/commercial.

History

Statutory/Other Authority: ORS 192.314, ORS 192.319 & ORS 192.324
Statutes/Other Implemented: ORS 192.314, ORS 192.319 & ORS 192.324
DFW 67-2019, amend filed 06/04/2019, effective 06/04/2019
DFW 139-2009, f. & cert. ef. 11-3-09
DFW 34-2000, f. & cert. ef. 6-23-00

Or. Admin. R. 635-001-0331 Fees for Inspection and Copies of Public Records

(1) As authorized by law, the Department charges the following fees reasonably calculated to reimburse the Department for its actual cost in making public records available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the request:

(a) Records search by clerical staff at $25.00 per hour;

(b) Records search by managerial staff at $40.00 per hour;

(d) Copies at current state printing and distribution price list;

(e) Media at cost set forth in statewide price agreement;

(f) Postage at current postal rates;

(g) If the request appears to require Department services for which no fee has been established (computer time, travel, shipping cost, communication costs, etc.) the actual cost shall be determined or estimated by the Department.

(2) The Department may also include in the fee an estimate of the actual cost of anticipated time spent by an attorney for the Department in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. The fee shall not include the cost of time spent by an attorney for the Department in determining the application of the provisions of ORS 192.311 to 192.478.

(3) If the Department can fulfill a request for records using less than 30 minutes of staff time, the Department shall not charge the requester.

(4) If in reviewing the request the Department determines that a fee will likely exceed $25, the Department shall estimate the allowable fee and provide the requester with a written notification of the estimated amount of the fee.

(5) The requester must pay all fees in advance unless an agreement for later payment is approved by the Director.

History

Statutory/Other Authority: ORS 192.314, ORS 192.319 & ORS 192.324
Statutes/Other Implemented: ORS 192.314, ORS 192.319 & ORS 192.324
DFW 67-2019, amend filed 06/04/2019, effective 06/04/2019
DFW 139-2009, f. & cert. ef. 11-3-09
DFW 34-2000, f. & cert. ef. 6-23-00

Or. Admin. R. 635-001-0335 Fee Waiver or Reduction

(1) Any person requesting a fee waiver or reduction from the Department must submit a completed Fee Waiver or Reduction Request Form to the Department through online submittal, email or to the address provided in OAR 635-001-0321(2).

(2) The Department may furnish copies without charge or at the following substantially reduced fees if the Department determines that a fee waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public:

(a) Records search by clerical staff at $20.00 per hour;

(b) Records search by managerial staff at $32.00 per hour;

(d) Copies at current state printing and distribution price list;

(e) Media at cost set forth in statewide price agreement;

(f) Postage at current postal rates;

(g) No additional cost considerations will be included in the invoiced amount passed on to the requester under this reduced fee structure; and

(h) DOJ, special attorney and other applicable legal fees, at $75.00 per hour.

History

Statutory/Other Authority: ORS 192.314, 192.319 & 192.324
Statutes/Other Implemented: ORS 192.314, 192.319 & 192.324
DFW 68-2019, adopt filed 06/04/2019, effective 06/04/2019

Or. Admin. R. 635-001-0341 Confidentiality and Inadmissibility of Mediation Communications

Pursuant to ORS 36.224, the Oregon Department of Fish and Wildlife hereby adopts OAR 137-005-0052 as promulgated by the Attorney General and amended in 2018.

History

Statutory/Other Authority: 2015 SB 189
Statutes/Other Implemented: 2015 SB 189
DFW 98-2021, amend filed 07/13/2021, effective 07/13/2021
DFW 1-2016, f. & cert. ef. 1-6-16
DFW 109-2015(Temp), f. & cert. ef. 8-14-15 thru 2-8-16

Division 2 DISPOSAL OF WILDLIFE AND EQUIPMENT SEIZED OR OTHERWISE ACQUIRED

Or. Admin. R. 635-002-0005 Disposal of Edible Wildlife

Except as provided in OAR 635-043-0175 and 635-002-0008, carcasses of edible wildlife, except black bear, shall be disposed of in the following manner:

(1) Donated to public and charitable institutions such as welfare organizations, churches, and others provided the receiving agency pays all storage and handling charges and does not sell the meat.

(2) Donated to persons determined to be eligible because of low income or medical reasons, provided the eligible person requests and accepts the carcass as delivered, consumes the meat at his/her place of residence, and does not offer it for sale.

(3) Donated to wildlife rehabilitators licensed by the Department provided those rehabilitators use the meat to feed sick, injured or orphaned wildlife and do not sell the meat.

(4) Donated to rendering plants, pet food manufacturers or disposed of as specified by personnel of the Department.

(5) Donated to a person, only upon request by Oregon State Police to the Department, provided the person has been issued and possesses a valid Youth Hunting or Youth Combination license, the person accepts the carcass as delivered, does not offer it for sale, and:

(a) has a tag valid for the carcass of wildlife being donated, or;

(b) was eligible to purchase a tag that would have been valid for the carcass of the wildlife being donated.

History

Statutory/Other Authority: 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: 496.012, 496.138, 496.146 & 496.162
DFW 80-2024, amend filed 09/16/2024, effective 09/16/2024
DFW 163-2019, amend filed 10/18/2019, effective 10/18/2019
DFW 61-2019, minor correction filed 05/13/2019, effective 05/13/2019
DFW 189-2018, amend filed 12/31/2018, effective 01/01/2019
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 32-1991, f. & cert. ef. 3-25-91
FWC 84-1984, f. & ef. 12-24-84
FWC 135-1977, f. & cert. ef. 8-4-77, Renumbered from 630-025-0004, 635-020-0005
3WC 2, f. 12-19-73, cert. ef. 1-11-74

Or. Admin. R. 635-002-0007 Disposal of Black Bear Carcasses

Except as provided in OAR 635-002-0009 for bear taken due to a threat of human safety, carcasses of black bear shall be disposed of in the following manner:

(1) Donated to wildlife rehabilitators licensed by the Department provided those rehabilitators use the meat to feed sick, injured or orphaned wildlife and do not sell the meat.

(2) Donated to persons determined to be eligible because of low income or medical reasons, provided the eligible persons sign a written release acknowledging the proper methods of preparation for human consumption, accepts the carcass as is, consume the meat at their place of residence and do not offer the meat for sale.

(3) Donated to persons or public or charitable institutions who request their name be placed on a waiting list maintained by the Department. These persons or public or charitable institutions will be notified on a first-come, first-serve basis and shall sign a written release acknowledging the proper methods of preparation for human consumption, accepts the carcass as is, consume the meat at their place of residence and do not offer the meat for sale.

(4) Donated to rendering plants, pet food manufacturers or disposed of as specified by personnel of the Department. Department directed disposal of black bear carcasses may include but is not limited to disposal at approved landfill sites; disposal on public or private lands; used in research activities; or for other scientific, enforcement or educational purposes.

(a) has a tag valid for the carcass of wildlife being donated, or;

(b) was eligible to purchase a tag that would have been valid for the carcass of the wildlife being donated.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 80-2024, amend filed 09/16/2024, effective 09/16/2024
DFW 107-2002, f. & cert. ef. 9-28-02
DFW 96-1998, f. & cert. ef. 11-25-98
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 32-1991, f. & cert. ef. 3-25-91
FWC 84-1984, f. & ef. 12-24-84

Or. Admin. R. 635-002-0008 Disposition of Wildlife Taken on Damage

In accordance with ORS 498.012, any wildlife taken on damage shall be disposed of in the following manner:

(1) Except as provided in section (2) of this rule, any deer, elk, antelope, bighorn sheep or gamebird shall be salvaged and delivered to a location determined by the Department. Carcasses shall be disposed of as directed by OAR 635-002-0005.

(2) Any elk taken on a kill permit outside of established shooting hours for game mammals from August 1 to March 31, and at any time from April 1 to July 31, shall be salvaged and disposed of in the following manner as directed by the Department:

(a) Donated to public and charitable institutions such as welfare organizations, churches, and others provided the receiving institution pays all storage and handling charges and does not sell the meat; or

(b) Donated to the landowner or landowner’s designee(s) (including landowner agents) with the following provisions:

(A) The landowner or landowner’s immediate family may receive only one elk of the total number of permits provided to the landowner in the 12-month period from August 1 to July 31;

(B) Any designee or designee’s immediate family may receive only one elk in the 12-month period from August 1 to July 31;

(D) The heads, including antlers, of all elk must be submitted to the Department unless otherwise specified by the local District Wildlife Biologist;

(E) No portion of any elk received pursuant to this rule may be sold, bartered, or exchanged; and

(F) When an elk taken on a kill permit or part thereof is transferred to the possession of another person, a written record shall accompany such transfer and include:

(i) A description of the elk part or portion transferred;

(ii) The name and physical residence address of the person who was the original recipient of the elk;

(iii) The kill permit number;

(iv) The date and time of transfer; and

(v) The written record shall remain with the elk or part so long as the same is preserved.

(3) Black bear taken on damage shall be disposed of in the following manner:

(a) The carcass and hide, including gall bladder and female reproductive tract, shall be delivered to a location determined by the Department;

(b) The department may permit the landowner to retain the carcass including hide, skull, paws, claws, and meat (but not the gall bladder) for personal use. The hide, head, paws, claws, and meat may not be sold or bartered.

(A) If the landowner chooses to retain the carcass he/she must sign a written release provided by the department acknowledging the proper methods of preparation for human consumption, accepting the carcass as is, and that the meat will not be offered for sale;

(B) If the carcass, including hide, skull, paws and claws or meat, is transferred to another person, written documentation must be provided as outlined in OAR 635-065-0765(5).

(c) If the landowner chooses not to retain the carcass, including the hide, skull, paws, claws, and meat, the carcass shall be disposed of as directed in OAR 635-002-0007.

(d) The hide, skull, paws, claws, and gall bladder shall be salvaged and disposed of in a manner determined by the department. Options for disposition include but are not limited to scientific, enforcement, or educational purposes.

(4) Any cougar taken when damaging livestock shall be disposed of in the following manner:

(a) The carcass and hide, including viscera, shall be delivered to a location determined by the Department;

(b) The Department may permit the landowner to retain the legally marked hide and carcass, including the skull of such cougar for personal use. Such skull, hide, and carcass, including feet and claws, may not be sold or bartered;

(5) Any red fox or bobcat shall be disposed of in a manner determined by the Department. Priority for disposition shall be for scientific, enforcement, or educational purposes.

(6) Any beaver shall be disposed of in the following manner:

(a) As directed by the Department. Priority for disposition shall be for scientific, enforcement, or educational purposes. The Department may permit a landowner to retain the carcass, including pelt, for personal use.

(b) Beaver taken on private forestland pursuant to 635-043-0070(4)(b) shall be released to thelandowner or the agent of the landowner upon request of the landowner.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022 & 498.032
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022 & 498.032
DFW 80-2024, amend filed 09/16/2024, effective 09/16/2024
DFW 55-2024, amend filed 06/28/2024, effective 07/01/2024
DFW 8-2020, amend filed 01/27/2020, effective 01/27/2020
DFW 163-2019, amend filed 10/18/2019, effective 10/18/2019
DFW 41-2006, f. & cert. ef. 6-14-06
DFW 96-1998, f. & cert. ef. 11-25-98
FWC 32-1991, f. & cert. ef. 3-25-91

Or. Admin. R. 635-002-0009 Disposition of Bear and Cougar Killed Posing a Threat to Human Safety

This rule implements the Department’s responsibilities under ORS 498.166, enacted by the 2001 Oregon Legislature, which authorizes any person to take a cougar or bear that poses a threat to human safety.

(1) Any person who takes a black bear posing a threat to human safety shall dispose of the bear in the following manner:

(a) The carcass, hide, and meat, including gall bladder and female reproductive tract, shall be delivered to a location determined by the Department;

(b) The Department shall not permit the person to retain any part of the carcass including hide, skull, paws, claws, meat, or gall bladder for personal use.

(c) The hide, skull, paws, claws, and gall bladder shall be salvaged and disposed of in a manner determined by the Department. Options for disposition shall include scientific, enforcement, or educational purposes.

(d) Edible portions of the carcasses shall be disposed of as outlined in OAR 635-002-0007.

(2) Any person who takes a cougar posing a threat to human safety shall dispose of the cougar in the following manner:

(a) The carcass, hide, and meat, including female reproductive tract, shall be delivered to a location determined by the Department;

(b) The Department shall not permit the person to retain any part of the carcass including hide, skull, paws, claws, or meat for personal use.

(c) The hide, skull, paws, and claws shall be salvaged and disposed of in a manner determined by the Department. Options for disposition include but are not limited to scientific, enforcement, or educational purposes.

(d) Inedible portions of the carcasses shall be disposed of as outlined in OAR 635-002-0010.

History

Statutory/Other Authority: ORS 183.545, 183.550, 496.012, 496.138, 496.146, 496.162 & 498.166
Statutes/Other Implemented: ORS 183.545, 183.550, 496.012, 496.138, 496.146, 496.162 & 498.166
DFW 107-2002, f. & cert. ef. 9-28-02

Or. Admin. R. 635-002-0010 Disposal of Inedible Wildlife

Carcasses of inedible wildlife shall be disposed of in a manner directed by the Department including donations to rendering plants, pet food manufacturers, or zoos, provided the meat is not used for human consumption.

[ED. NOTE: This rule was Renumbered from 630-025-0005, Renumbered from 635-020-0010]

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
FWC 32-1991, f. & cert. ef. 3-25-91
3WC 2, f. 12-19-73, ef. 1-11-74

Or. Admin. R. 635-002-0012 Disposal of Wildlife or Wildlife Parts

Any wildlife or parts of wildlife acquired and not otherwise specifically directed elsewhere in this division shall be disposed of as follows: Pelts or hides of furbearing and game mammals shall be disposed of in a manner determined by the Department including use for scientific, enforcement or educational purposes. Pelts or hides may be sold.

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
FWC 32-1991, f. & cert. ef. 3-25-91

Or. Admin. R. 635-002-0014 Disposal of Antlers

Antlers that come into the department’s possession shall be disposed of in the following manner:

(1) Sold through competitive bid, consistent with state and, where appropriate federal, rule and statute; or

(2) Donated to nonprofit organizations, federal agencies, or Oregon cities, counties or state agencies for any purpose the department determines is consistent with the agency’s mission including wildlife-related fundraising.

(a) A nonprofit organization is:

(A) An Oregon public elementary, middle or high school;

(B) An Oregon state university or community college; or

(C) An organization described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code.

(b) “Wildlife-related fundraising” means selling antlers to raise funds for department-approved wildlife management, research, conservation or educational activities.

(d) Donated antlers become that organization’s property, unless otherwise noted in written conditions.

(e) Donated antlers may not be used to further or fund political activities of any kind (including, but not limited to, support of or opposition to candidates or ballot measures) or litigation.

(3) Donated as a part of the animal carcass when an edible carcass is donated pursuant to OAR 635-002-0005(5).

(4) Nothing in this rule limits the department’s authority, on a government-to-government basis, to provide antlers to federally-recognized tribes in Oregon.

History

Statutory/Other Authority: 496.012, 496.146, 496.138 & 496.162
Statutes/Other Implemented: 496.012, 496.146, 496.138 & 496.162
DFW 80-2024, amend filed 09/16/2024, effective 09/16/2024
DFW 63-2010, f. & cert. ef. 5-17-10

Or. Admin. R. 635-002-0020 Sale Price of Wildlife

The price of furbearing and other mammal pelts shall be established at public auction.

[ED. NOTE: This rule was Renumbered from 630-025-0007, 1975; Renumbered from 635-020-0020, 1979]

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
FWC 32-1991, f. & cert. ef. 3-25-91
3WC 2, f. 12-19-73, ef. 1-11-74

Or. Admin. R. 635-002-0025 Payment for Wildlife Sold

Payment must be made at the time of delivery by check or money order to the Oregon Department of Fish and Wildlife.

[ED. NOTE: This rule was Renumbered from 630-025-0008, 1975; Renumbered from 635-020-0025, 1979]

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
FWC 32-1991, f. & cert. ef. 3-25-91
3WC 2, f. 12-19-73, ef. 1-11-74

Or. Admin. R. 635-002-0030 Sale of Seized Fish or Shellfish

In accordance with ORS 506.690, all food fish and shellfish taken by or in possession of any person in violation of the commercial fishing laws or regulations of the Commission shall be seized. To prevent spoilage, the fish so seized and not required as evidence shall be sold. The officer undertaking the sale shall, if reasonable and practical, obtain more than one bid price for the seized fish to insure the price paid is the market value of the fish at the time of seizure. Market value as used in subsection (3) of ORS 506.690 and this regulation means the price at fisherman or producer level. If it is not practical to sell seized fish to prevent spoilage, such fish may be provided for food purposes, free gratis to any state, county, or other public institution. Any food fish or shellfish seized and determined as unsuitable for human consumption may be destroyed.

[ED. NOTE: This rule was Renumbered from 625-030-0090, 1975; Renumbered from 635-020-0030, 1979]

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
FC 246, f. 5-5-72, ef. 5-15-72

Or. Admin. R. 635-002-0035 Disposal or Sale of Forfeited Fishing Gear and Boats

(1) All property received by the Commission under order of forfeiture of any court shall be disposed of by public sale to the highest bidder. However, forfeited property in the custody of the Oregon State Police which is determined to have a value of less than the expense which would be incurred in such property’s transfer to the Commission and subsequent sale, may be authorized for destruction.

(2) The State Police officer having custody of the forfeited property must request and receive approval of the property control officer of the Commission before the property may be destroyed.

[ED. NOTE: This rule was Renumbered from 625-030-0095, 1975; Renumbered from 635-020-0035, 1979]

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
DFW 80-2018, temporary amend filed 06/28/2018, effective 06/28/2018 through 12/24/2018
FC 246, f. 5-5-72, ef. 5-15-72

Or. Admin. R. 635-002-0100 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, 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;

(d) Impacts of other species of fish.

History

Statutory/Other Authority: ORS 183, 506 & 508
Statutes/Other Implemented: ORS 183, 506 & 508
FWC 4-1982, f. & ef. 1-11-82

Division 3 COMMERCIAL FISHERIES: OCEAN COMMERCIAL SALMON FISHERY

Or. Admin. R. 635-003-0003 Purpose and Scope

(1) The purpose of Division 003 is to provide for management of commercial salmon fisheries off the Oregon Coast over which the state has jurisdiction.

(2) Division 003 incorporates into Oregon Administrative Rules, by reference, the annual ocean troll salmon specifications and management measures as adopted by the Pacific Fishery Management Council in its annual Ocean Salmon Management Measures and Impacts, as finalized in April 2026, and in addition to the extent they are consistent with these rules, Code of Federal Regulations (CFR), Title 50, Part 660, Subpart H (61FR34572, July 2, 1996, as amended to incorporate the standards in the Pacific Fishery Management Council referenced document). Therefore, persons must consult the Pacific Fishery Management Council referenced document and Federal Regulations in addition to Division 003 to determine all applicable troll salmon fishing requirements. A copy of the Pacific Fishery Management Council referenced document and the Federal Regulations may be obtained by contacting the Pacific Fishery Management Council at www.pcouncil.org or at 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384.

(3) To the extent not preempted by Federal law, these regulations apply within the State of Oregon’s Fisheries Conservation Zone (out to fifty miles from shore).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 496.138, ORS 506.119, ORS 506.129, ORS 496.162 & ORS 506.036
Statutes/Other Implemented: ORS 496.146, ORS 506.109 & ORS 496.012
DFW 32-2026, amend filed 04/27/2026, effective 04/27/2026
DFW 31-2025, amend filed 04/21/2025, effective 04/21/2025
DFW 29-2024, amend filed 04/23/2024, effective 04/23/2024
DFW 34-2023, amend filed 04/24/2023, effective 04/24/2023
DFW 45-2022, amend filed 05/10/2022, effective 05/10/2022
DFW 52-2021, amend filed 04/23/2021, effective 04/24/2021
DFW 25-2021, temporary amend filed 03/09/2021, effective 03/15/2021 through 05/15/2021
DFW 47-2020, temporary amend filed 04/27/2020, effective 05/05/2020 through 10/31/2020
DFW 44-2019, amend filed 04/22/2019, effective 04/22/2019
DFW 45-2017, f. & cert. ef. 4-24-17
DFW 33-2016, f. & cert. ef. 4-25-16
DFW 31-2015, f. & cert. ef. 4-27-15
DFW 78-2014, f. & cert. ef 6-24-14
DFW 61-2014, f. & cert. ef. 6-10-14
DFW 41-2014(Temp), f. & cert. ef. 5-8-14 thru 6-30-14
DFW 33-2013, f. & cert. ef. 5-14-13
DFW 28-2013(Temp), f. 4-25-13, cert. ef. 5-1-13 thru 5-15-13
DFW 38-2012, f. 4-24-12, cert. ef. 5-1-12
DFW 34-2011, f. 4-27-11, cert. ef. 5-1-11
DFW 72-2010, f. & cert. ef. 5-25-10
DFW 52-2009, f. & cert. ef. 5-18-09
DFW 36-2008, f. 4-21-08, cert. ef. 5-1-08
DFW 24-2007, f. 4-16-07, cert. ef. 5-1-07
Reverted to DFW 25-2005, f. & cert. ef. 4-15-05
DFW 26-2006(Temp), f. 4-20-06, cert. ef. 5-1-06 thru 10-27-06
DFW 25-2005, f. & cert. ef. 4-15-05
DFW 32-2004, f. 4-22-04, cert. ef. 5-1-04
DFW 35-2003, f. 4-30-03, cert. ef. 5-1-03
DFW 37-2002, f. & cert. ef. 4-23-02
DFW 28-2001, f. & cert. ef. 5-1-01
DFW 38-2000, f. & cert. ef. 7-3-00
DFW 31-1999, f. & cert. ef. 5-3-99
DFW 34-1998, f. & cert. ef. 5-4-98
FWC 20-1996, f. & cert. ef. 4-29-96
FWC 25-1994, f. & cert. ef. 5-2-94
FWC 29-1989, f. 4-28-89, cert. ef. 5-1-89

Or. Admin. R. 635-003-0005 Area

As used in this division, the Pacific Ocean includes that area of the Columbia River seaward of a straight line from the knuckle of the south jetty on the Oregon shore to the inshore end of the north jetty on the Washington shore.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 16-1978, f. & ef. 3-24-78, Renumbered from 635-036-0005
FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0000

Or. Admin. R. 635-003-0074 Automatic Season Closures

(1) Salmon harvest quotas for Oregon, which include fish caught in the Exclusive Economic Zone (3-200 mile) are set forth in Federal Register Notice FR Doc. 92-0412-2112, filed May 1, 1992, published pursuant to 50 CFR 661.20 49 FR 43685, October 31, 1984.

(2) Upon a determination by the Regional Director of the National Marine Fisheries Service, after consulting with the states, of the date the catch is projected to reach the quotas set forth in section (1) of this rule, the Fish and Wildlife Director may file a temporary rule with the Secretary of State designating those dates when the season will close.

History

Statutory/Other Authority: ORS 496.138, 496.162, 506.119 & 506.129
DFW 52-2009, f. & cert. ef. 5-18-09
FWC 28-1994(Temp), f. 5-19-94, cert. ef. 5-20-94
FWC 58-1993(Temp), f. 9-15-93, cert. ef. 9-16-93
FWC 55-1993(Temp), f. & cert. ef. 9-9-93
FWC 53-1993(Temp), f. 8-31-93, cert. ef. 9-1-93
FWC 78-1992(Temp), f. & cert. ef. 8-25-92
FWC 77-1992 (Temp), f. 8-19-92, cert. ef. 8-20-92
FWC 75-1992(Temp), f. 8-11-92, cert. ef. 8-12-92
FWC 66-1992(Temp), f. 8-7-92, cert. ef. 8-8-92
FWC 65-1992(Temp), f. & cert. ef. 8-6-92
FWC 63-1992(Temp), f. 7-30-92, cert. ef. 7-31-92
FWC 57-1992(Temp), f. 7-24-92, cert. ef. 7-25-92
FWC 31-1992, f. 4-29-92, cert. ef. 5-1-92
FWC 111-1991(Temp), f. & cert. ef. 9-30-91
FWC 93-1991, f. 8-30-91, cert. ef. 9-1-91
FWC 87-1991(Temp), f. 8-9-91, cert. ef. 8-10-91
FWC 76-1991 (Temp), f. 7-29-91, cert. ef. 8-10-91
FWC 74-1991(Temp), f. 7-12-91, cert. ef. 7-15-91
FWC 72-1991(Temp), f. 7-11-91, cert. ef. 7-12-91
FWC 42-1991, f. 4-29-91, cert. ef. 5-1-91
FWC 106-1990(Temp), f. & cert. ef. 9-25-90
FWC 104-1990(Temp), f. 9-21-90, cert. ef. 9-22-90
FWC 99-1990(Temp), f. 9-17-90, cert. ef. 9-18-90
FWC 97-1990(Temp), f. 9-14-90, cert. ef. 9-15-90
FWC 85-1990(Temp), f. 8-24-90, cert. ef. 8-25-90
FWC 79-1990(Temp), f. 8-7-90, cert. ef. 8-8-90
FWC 73-1990(Temp), f. 7-31-90, cert. ef. 8-1-90
FWC 49-1990 (Temp), f. 6-13-90, cert. ef. 6-14-90
FWC 48-1990(Temp), f. 6-7-90, cert. ef. 6-8-90
FWC 47-1990(Temp), f. 5-30-90, cert. ef. 5-31-90
FWC 42-1990(Temp), f. & cert. ef. 5-25-90
FWC 40-1990(Temp), f. & cert. ef. 5-18-90
FWC 39-1990(Temp), f. & cert. ef. 5-11-90
FWC 37-1990, f. & cert. ef. 5-1-90
FWC 33-1989, f. & cert. ef. 5-25-89
FWC 27-1988, f. 4-29-88, cert. ef. 5-1-88
FWC 19-1987, f. & cert. ef. 5-5-87
FWC 13-1986, f. & cert. ef. 5-1-86
FWC 20-1985, f. & cert. ef. 5-1-85
FWC 17-1984, f. & cert. ef. 4-30-84
FWC 16-1983, f. & cert. ef. 4-29-83

Or. Admin. R. 635-003-0077 US-Canada Border to Cape Falcon

All vessels participating in the commercial ocean salmon fishery North of Cape Falcon must land their fish within the area North of Cape Falcon or in Garibaldi, Oregon, and within 24 hours of any closure of this fishery. All fishers landing salmon caught North of Cape Falcon must notify ODFW within one hour of delivery, limited fish sellers must notify ODFW within one hour of landing and prior to initiation of any sales, and all fishers intending to transport fish away from the port of landing must notify ODFW prior to transport away from the port of landing by calling (541) 857-2546 or by sending an e-mail to: nfalcon.trollreport@odfw.oregon.gov. Notification shall include vessel name and number, number of salmon by species, location of delivery, and estimated time of delivery.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.129
DFW 37-2024, minor correction filed 05/29/2024, effective 05/29/2024
DFW 78-2014, f. & cert. ef. 6-24-14
DFW 61-2014, f. & cert. ef. 6-10-14
DFW 52-2009, f. & cert. ef. 5-18-09
Reverted to DFW 6-2005, f. & cert. ef. 2-14-05
DFW 66-2008(Temp), f. 6-20-08, cert. ef. 6-21-08 thru 10-31-08
Reverted to DFW 6-2005, f. & cert. ef. 2-14-05
DFW 73-2007(Temp), f. 8-17-07, cert. ef. 8-18-07 thru 9-30-07
DFW 48-2007(Temp), f. 6-22-07, cert. ef. 6-23-07 thru 9-16-07
Reverted to DFW 6-2005, f. & cert. ef. 2-14-05
DFW 93-2006(Temp), f. 9-7-06, cert. ef. 9-8-06 thru 12-31-06
DFW 85-2006(Temp), f. 8-18-06, cert. ef. 8-19-06 thru 2-14-07
DFW 70-2006(Temp), f. 7-28-06, cert. ef. 7-29-06 thru 12-31-06
DFW 43-2006(Temp), f. & cert. ef. 6-16-06 thru 11-16-06
Reverted to DFW 6-2005, f. & cert. ef. 2-14-05
DFW 97-2005(Temp), f. & cert. ef. 8-23-05 thru 12-31-05
DFW 59-2005(Temp), f. 6-21-05, cert. ef. 6-26-05 thru 10-27-05
DFW 49-2005(Temp), f. 6-1-05, cert. ef. 6-3-05 thru 10-27-05
DFW 48-2005(Temp), f. 5-23-05, cert. ef. 5-24-05 thru 10-27-05
DFW 36-2005(Temp), f. & cert.ef. 5-4-05 thru 10-27-05
DFW 6-2005, f. & cert. ef. 2-14-05

Or. Admin. R. 635-003-0078 Humbug Mountain to the Oregon/California Border

All vessels participating in any commercial ocean salmon fishery between Humbug Mountain and the Oregon/California Border that is managed under any salmon quota or harvest guideline must land their fish in Port Orford, Gold Beach, or Brookings, Oregon, and within 24 hours of any closure. All fishers landing salmon caught within this area during any season managed under any salmon quota or harvest guideline must notify ODFW within one hour of delivery, limited fish sellers must notify ODFW within one hour of landing and prior to initiation of any sales, and all fishers intending to transport fish away from the port of landing must notify ODFW prior to transport away from the port of landing by calling (541) 857-2538 or by sending an e-mail to: kmzor.trollreport@odfw.oregon.gov. Notification shall include vessel name and number, number of salmon by species, location of delivery, and estimated time of delivery.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.129
DFW 38-2024, minor correction filed 05/29/2024, effective 05/29/2024
DFW 78-2014, f. & cert. ef. 6-24-14
DFW 61-2014, f. & cert. ef. 6-10-14
Reverted to DFW 6-2005, f. & cert. ef. 2-14-05
DFW 71-2007(Temp), f. & cert. ef. 8-14-07 thru 8-31-07
DFW 6-2005, f. & cert. ef. 2-14-05

Or. Admin. R. 635-003-0085 Extended Commercial Seasons

In addition to the open seasons prescribed in OAR 635-003-0003 there are open seasons for Chinook salmon in the Elk River Ocean Terminal Area from November 1 through November 30 in the area described in section 1 of this rule as follows:

(1) The open area is all Pacific Ocean waters shoreward of a line drawn from Cape Blanco (42º50'20" N. Lat.) thence SW to Black Rock (42º49'24" N. Lat. 124º35'00" W. Long.), thence SSW to Best Rock (42º47'24" N. Lat. 124º35'42" W. Long.), thence SE to 42º40'30" N. Lat. 124º29'00" W. Long., thence to shore (Humbug Mountain).

(2) During the season described for the Elk River Ocean Terminal Area, it is unlawful to take Chinook salmon less than 26 inches in total length; it is unlawful to use multipoint or barbed hooks or to fish more than four spreads per line; and it is unlawful to have in possession or to land more than 10 Chinook per day taken in this fishery. Landings are restricted to Port Orford.

History

Statutory/Other Authority: ORS 496.138, ORS 496.146 & ORS 506.119
Statutes/Other Implemented: ORS 506.129
DFW 96-2023, amend filed 09/19/2023, effective 09/19/2023
DFW 44-2019, amend filed 04/22/2019, effective 04/22/2019
DFW 162-2018, temporary amend filed 10/22/2018, effective 10/23/2018 through 12/31/2018
DFW 53-2018, amend filed 04/24/2018, effective 04/24/2018
DFW 139-2017, temporary amend filed 10/24/2017, effective 10/26/2017 through 12/31/2017
DFW 132-2017, amend filed 10/17/2017, effective 10/17/2017
DFW 45-2017, f. & cert. ef. 4-24-17
DFW 138-2016(Temp), f. 10-24-16, cert. ef. 10-26-16 thru 11-30-16
DFW 33-2016, f. & cert. ef. 4-25-16
DFW 149-2015(Temp), f. 10-26-15, cert. ef. 10-27-15 thru 12-31-15
DFW 148-2015(Temp), f. 10-22-15, cert. ef. 10-23-15 thru 12-31-15
DFW 146-2015(Temp), f. 10-19-15, cert. ef. 10-21-15 thru 12-31-15
DFW 143-2015(Temp), f. & cert. ef. 10-16-15 thru 12-31-15
DFW 31-2015, f. & cert. ef. 4-27-15
DFW 78-2014, f. & cert. ef 6-24-14
DFW 61-2014, f. & cert. ef. 6-10-14
DFW 62-2012, f. 6-12-12, cert. ef. 7-1-12
DFW 83-2011, f. 6-30-11, cert. ef. 7-1-11
DFW 153-2010(Temp), f. & cert. ef. 10-29-10 thru 10-31-10
DFW 151-2010(Temp), f. 10-19-10, cert. ef. 10-20-10 thru 10-31-10
DFW 147-2010(Temp), f. & cert. ef. 10-15-10 thru 10-31-10
DFW 76-2010, f. 6-8-10, cert. ef. 8-1-10
DFW 76-2010, f. 6-8-10, cert. ef. 8-1-10
DFW 132-2009(Temp), f. & cert. ef. 10-19-09 thru 10-31-09
DFW 102-2009(Temp), f. 8-27-09, cert. ef. 9-1-09 thru 12-31-09
DFW 52-2009, f. & cert. ef. 5-18-09
DFW 128-2008(Temp), f. 10-9-08, cert. ef. 10-12-08 thru 12-31-08
DFW 65-2008(Temp), f. 6-20-08, cert. ef. 9-1-08 thru 12-31-08
DFW 24-2007, f. 4-16-07, cert. ef. 5-1-07
DFW 78-2006(Temp), f. 8-7-06, cert. ef. 9-1-06 thru 12-15-06
DFW 26-2006(Temp), f. 4-20-06, cert. ef. 5-1-06 thru 10-27-06
DFW 35-2003, f. 4-30-03, cert. ef. 5-1-03
DFW 28-2001, f. & cert. ef. 5-1-01
DFW 24-2000, f. 4-28-00, cert. ef. 5-1-00
DFW 31-1999, f. & cert. ef. 5-3-99
DFW 34-1998, f. & cert. ef. 5-4-98
FWC 67-1997(Temp), f. 10-28-97, cert. ef. 10-29-97
FWC 66-1997(Temp), f. 10-24-97, cert. ef. 10-26-97
FWC 30-1997, f. & cert. ef. 5-5-97
FWC 56-1996, f. 9-27-96, cert. ef. 10-1-96
FWC 85-1995(Temp), f. & cert. ef. 10-20-95
FWC 81-1995, f. 9-29-95, cert. ef. 10-1-95
FWC 82-1994(Temp), f. 10-28-94, cert. ef. 10-30-94
FWC 80-1994(Temp), f. 10-25-94, cert. ef. 10-26-94
FWC 56-1994, f. 8-30-94, cert. ef. 9-1-94
FWC 62-1993, f. & cert. ef. 10-1-93
FWC 111-1992(Temp), f. 10-26-92, cert. ef. 10-27-92
FWC 106-1992(Temp), f. 10-8-92, cert. ef. 10-24-92
FWC 59-1986(Temp), f. & cert. ef. 9-19-86
FWC 57-1984(Temp), f. & cert. ef. 9-15-84
FWC 48-1984(Temp), f. & cert. ef. 8-31-84

Division 4 COMMERCIAL FISHERIES OTHER THAN SALMON OR SHELLFISH

Or. Admin. R. 635-004-0200 Organization

(1) This Division is organized into the following major finfish fishery sections:

(a) Groundfish Section, including the following fisheries:

(A) Trawl and Fixed Gear Groundfish Fisheries; and

(B) Black Rockfish/Blue Rockfish/Nearshore Fishery

(b) Coastal Pelagic Species and Smelt Species Section, including the following fisheries:

(A) Sardine Fishery;

(B) Inland Waters Herring Fishery;

(D) Pacific Ocean Herring Fishery;

(E) Anchovy Fishery; and

(F) Smelt Fishery.

Albacore Tuna Fishery.

(d) Other Finfish Section, including the following fisheries:

(A) Halibut Fishery;

(B) Coastal Rivers Shad Fishery;

(D) Sturgeon Fishery;

(E) Surfperch Fishery;

(F) Minor Finfish Fisheries; and

(G) Intertidal Animal Fishery.

(2) Administrative rules OAR 635-004-0205 through 635-004-0265 are general regulations, in addition to and not in lieu of regulations contained within the fishery sections listed in section (1) of this rule.

(3) Invertebrates and other marine animals not regulated in OAR chapter 635, division 004 are managed by regulations in division 005.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0205 Licensing Requirements

In addition to the regulations contained in this Division, fishers should consult regulations contained in OAR chapter 635, division 006 and Oregon Revised Statutes Chapter 508 for licensing requirements and fee information.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.129, 508.025, 508.035, 508.235, 508.260, 508.300, 508.306 & 508.312
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0210 Authority of Enforcement in Fishery Conservation Zone and Exclusive Economic Zone

(1) Pursuant to ORS 506.750 and 506.755, regulations including but not limited to inspection of catch, methods of fishing, gear restrictions, seasons, closures and restricted areas are applicable in the Fishery Conservation Zone (0-50 nautical miles offshore of Oregon), and federal commercial fishing regulations are applicable in the Exclusive Economic Zone (3-200 nautical miles offshore of the United States).

(2) For the purposes of this rule, “Fishery Conservation Zone” means the zone between the mean high water mark of tidally influenced bodies of water of the state of Oregon to 50 nautical miles offshore of Oregon, as pursuant to ORS 506.755.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119, 506.129 & 506.755
Statutes/Other Implemented: ORS 506.109, 506.501, 506.511, 506.521, 506.750 & 506.755
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0215 Definitions

As used in Division 004 regulations:

(1) “Animals living intertidally on the bottom” means any benthic animal with a natural range that includes intertidal areas, regardless of where harvest occurs, and includes but is not limited to, starfish, sea urchins, sea cucumbers, snails, bivalves, worms, coelenterates, and crabs except Dungeness crab.

(2) “Board” means the Commercial Fishery Permit Board.

(3) “Buy” includes offer to buy, barter, exchange or trade.

(4) “Coastal Pelagic Species” means all species of ocean food fish and shellfish defined as Coastal Pelagic Species in the Fishery Management Plan for U.S. West Coast Fisheries for Coastal Pelagic Species and in the Federal Coastal Pelagic Species Regulations, Title 50, Part 660, and include:

(a) Jack mackerel (Trachurus symmetricus);

(b) Jack smelt (Atherinopsis californiensis);

(d) Market squid (Loligo opalescens);

(e) Northern anchovy (Engraulis mordax);

(f) Pacific herring (Clupea harengus pallasi);

(g) Pacific mackerel (Scomber japonicus); and

(h) Pacific sardine (Sardinops sagax).

(5) “Commercial harvest cap” means the total fishery-related mortality for a given species, or species group, that may occur in a single calendar year in Oregon commercial fisheries.

(6) “Commercial landing cap” means the total landed catch of a given species, or species group, that may be taken in a single calendar year in Oregon commercial fisheries.

(7) “Commercial purposes” means taking food fish with any gear unlawful for angling, or taking or possessing food fish in excess of the limits permitted for personal use, or taking, fishing for, handling, processing, or otherwise disposing of or dealing in food fish with the intent of disposing of such food fish or parts thereof for profit, or by sale, barter or trade, in commercial channels, as specified in ORS 506.006.

(8) “Commission” means the State Fish and Wildlife Commission created by ORS 496.090.

(9) “Department” means the State Department of Fish and Wildlife.

(10) “Director” means the Director of the Oregon Department of Fish and Wildlife appointed pursuant to ORS 496.112.

(11) “Dive gear” means gear used while a fisher is submerged underwater in order to take food fish and includes, but is not limited to, one or more of the following pieces of equipment: SCUBA or other surface supplied air source (hookah gear), dive mask, snorkel, air cylinders, weight belt, wetsuit and fins.

(12) “Exclusive Economic Zone” means the zone between 3-200 nautical miles offshore of the United States.

(13) “Fishing gear” means, as specified in ORS 506.006, any appliance or device intended for or capable of being used to take food fish for commercial purposes, and includes:

(a) “Fixed gear” means longline, trap or pot, set net, and stationary hook-and-line (including vertical hook-and-line) gears;

(b) “Gillnet” has the meaning as set forth in OAR 635-042-0010;

(d) “Lampara net” means a surrounding or seine net with the sections of netting made and joined to create bagging, and is hauled with purse rings;

(e) “Longline” means a stationary buoyed, and anchored groundline with hooks attached;

(f) “Mesh size” means the opening between opposing knots. Minimum mesh size means the smallest distance allowed between the inside of one knot to the inside of the opposing knot regardless of twine size;

(g) “Pot or trap” means a portable, enclosed device with one or more gates or entrances and one or more lines attached to surface floats;

(h) “Purse seine” means a floated and weighted encircling net that is closed by means of a purse line threaded through rings attached to the bottom of the net. Purse seine gear includes, but is not limited to, ring net, drum purse seine, and lampara nets;

(i) “Seine” means any non-fixed net other than a trawl net or gillnet and includes all types of purse seines;

(j) “Setline” means a bottom longline used in rivers and estuaries for targeting white sturgeon;

(k) “Set net” means a stationary, buoyed and anchored gillnet or trammel net which takes fish commonly by gilling and is not free to move or drift with the current or tide;

(l) “Spear” means a sharp, pointed, or barbed instrument on a shaft;

(m) “Trammel net” means a gillnet made with two or more walls joined to a common float line;

(n) “Trawl gear” means a cone or funnel-shaped net which is towed or drawn through the water by one or two vessels, and includes but is not limited to beam trawl, bobbin or roller trawl, bottom trawl, pelagic trawl and Danish and Scottish seine gear;

(o) “Troll” means fishing gear that consists of one or more lines that drag hooks with bait or lures behind a moving fishing vessel, and which lines are affixed to the vessel and are not disengaged from the vessel at any time during the fishing operation; and

(p) “Vertical hook and line” means a line attached to the vessel or to a surface buoy vertically suspended to the bottom by a weight or anchor, with hooks attached between its surface and bottom end.

(14) “Fishing trip” means a period of time between landings when fishing is conducted.

(15) “Food Fish” means any animal over which the State Fish and Wildlife Commission has jurisdiction, pursuant to ORS 506.036.

(16) “Groundfish” means all species of ocean food fish defined as groundfish in the Pacific Coast Groundfish Fishery Management Plan and in the Federal Groundfish Regulations, Title 50, Part 660 and includes:

(a) All species of rockfish, thornyheads, and scorpionfish that occur off Washington, Oregon, or California (genera Sebastes, Scorpaena, Scorpaenodes, and Sebastolobus);

(b) All species of grenadiers in the family Macrouridae that occur off Washington, Oregon, or California, including but not limited to Giant grenadier, (Albatrossia pectoralis) and Pacific grenadier (Coryphaenoides acrolepis);

(c) All species of skates in the family Arhynchobatidae that occur off Washington, Oregon, or California, including but not limted to Aleutian skate (Bathyraja aleutica), Bering/sandpaper skate (B. interrupta), big skate (Raja binoculata), California skate (R. inornata), longnose skate (R. rhina), and roughtail/black skate (B. trachura);

(d) Arrowtooth flounder (Atheresthes stomias);

(e) Butter sole (Isopsetta isolepis);

(f) Cabezon (Scorpaenichthys marmoratus);

(g) Curlfin sole (Pleuronichthys decurrens);

(h) Dover sole (Microstomus pacificus);

(i) English sole (Parophrys vetulus);

(j) Finescale codling (Antimora microlepis);

(k) Flathead sole (Hippoglossoides elassodon);

(l) Kelp greenling (Hexagrammos decagrammus);

(m) Leopard shark (Triakis semifasciata);

(n) Lingcod (Ophiodon elongatus);

(o) Pacific cod (Gadus macrocephalus);

(p) Pacific sanddab (Citharichthys sordidus);

(q) Pacific whiting (Merluccius productus);

(r) Petrale sole (Eopsetta jordani);

(s) Ratfish (Hydrolagus colliei);

(t) Rex sole (Glyptocephalus zachirus);

(u) Rock sole (Lepidopsetta bilineata);

(v) Sablefish (Anoplopoma fimbria);

(w) Sand sole (Psettichthys melanostictus);

(x) Soupfin shark (Galeorhinus zyopterus);

(y) Spiny dogfish (Squalus acanthias); and

(z) Starry flounder (Platichthys stellatus).

(17) “Harvest guideline” means a specified numerical harvest objective that is not a quota. Attainment of a harvest guideline does not automatically close a fishery.

(18) “Highly Migratory Species” means all species of ocean food fish defined as highly migratory species in the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species and in the Federal Highly Migratory Species Regulations, Title 50, Part 660, and includes:

(a) Bigeye thresher shark (Alopias superciliosus);

(b) Bigeye tuna (Thunnus obesus);

(d) Common thresher shark (Alopias vulpinus);

(e) Common Mola (Mola mola);

(f) Dorado (Coryphaena hippurus);

(g) Escolar (Lepidocybium flavobrunneum);

(h) Lancetfishes (Alepisauridae species);

(i) Louvar (Luvarus imperialis);

(j) North Pacific albacore tuna (Thunnus alalunga);

(k) Northern bluefin tuna (Thunnus thynnus);

(l) Pacific swordfish (Xiphias gladius);

(m) Pelagic sting ray (Dasyetis violacea);

(n) Pelagic thresher shark (Alopias pelagicus);

(o) Shortfin mako shark (Isurus oxyrinchus);

(p) Skipjack tuna (Katsuwonus pelamis);

(q) Striped marlin (Tetrapturus audax);

(r) Wahoo (Acathocybium solandri); and

(s) Yellowfin tuna (Thunnus albacares).

(19) “Inland waters” means all waters of the state except the Pacific Ocean.

(20) “Intertidal” means the area in Oregon coastal bays, estuaries, and beaches between mean extreme low water and mean extreme high water boundaries.

(21) “Land, landed, or landing” means either of the following:

(a) For fisheries where food fish were taken by use of a vessel, “land, landed or landing” means to begin transfer of food fish from a vessel. Once transfer begins, all food fish aboard the vessel are counted as part of that landing, except:

(A) Anchovies being held live on a vessel for the purpose of using for bait in that vessel’s commercial fishing operation; and

(B) For vessels participating in the federal trawl rationalization program, the portion of catch that is intended to be delivered to Washington or California is not considered part of that landing.

(b) For fisheries where food fish were taken without use of any vessel, “land, landed or landing” means to begin transfer of food fish from a harvester to a wholesale fish dealer, wholesale fish bait dealer, or food fish canner, under which the following provisions apply:

(A) When the harvester and the wholesale fish dealer, wholesale fish bait dealer, or food fish canner are the same person or entity, transfer occurs when the food fish arrive at the licensed premises of the wholesale fish dealer, wholesale fish bait dealer, or food fish canner; and

(B) Once transfer begins, all food fish from the harvest area are counted as part of that landing.

(22) “Length” or “Length Overall” of a vessel means the manufacturer’s specification of overall length, United States Coast Guard or Marine Board registered length documentation stating overall length or overall length as surveyed by a certified marine surveyor. In determining overall length, marine surveyors shall measure in a straight line parallel to the keel from the foremost part of the vessel to the aftermost part, excluding sheer and excluding bow sprits, boomkins, rudders aft of the transom, outboard motor brackets, or transom extensions such as a dive step or platform.

(23) “Length, total” of a fish is measured from the tip of the snout (mouth closed) to the tip of the tail (pinched together) without mutilation of the fish or the use of additional force to extend the length.

(24) “Nearshore species” includes (See ORS 506.011):

(a) Black and yellow rockfish (Sebastes chrysolmelas);

(b) Brown Irish lord (Hemilepidotus spinosus);

(d) Buffalo sculpin (Enophrys bison);

(e) Cabezon (Scorpaenichthys marmoratus);

(f) Calico rockfish (Sebastes dalli);

(g) China rockfish (S. nebulosus);

(h) Copper rockfish (S. caurinus);

(i) Gopher rockfish (S. carnatus);

(j) Grass rockfish (S. rastrelliger);

(k) Kelp greenling (Hexagrammos decagrammus);

(l) Kelp rockfish (Sebastes atrovirens);

(m) Olive rockfish (S. serranoides);

(n) Painted greenling (Oxylebius pictus);

(o) Quillback rockfish (Sebastes maliger);

(p) Red Irish lord (Hemilepidotus hemilepidotus);

(q) Rock greenling (Hexagrammos lagocephalus);

(r) Tiger rockfish (Sebastes nigrocinctus);

(s) Treefish (S. serriceps);

(t) Vermillion rockfish (S. miniatus); and

(u) White spotted greenling (Hexagrammos stelleri).

(25) “Ocean food fish” means all saltwater species of food fish except salmon, halibut, and shellfish whether found in fresh or salt water.

(26) “Other nearshore rockfish” includes:

(a) Black and yellow rockfish (Sebastes chrysolmelas);

(b) Brown rockfish (S. auriculatus);

(d) China rockfish (S. nebulosus);

(e) Copper rockfish (S. caurinus);

(f) Gopher rockfish (S. carnatus);

(g) Grass rockfish (S. rastrelliger);

(h) Kelp rockfish (S. atrovirens);

(i) Olive rockfish (S. serranoides);

(j) Quillback rockfish (S. maliger); and

(k) Treefish (S. serriceps).

(27) “Pacific Ocean” means all water seaward of the end of the jetty or jetties of any river, bay, or tidal area, except the Columbia River boundary with the Pacific Ocean is as specified in OAR 635-003-0005, or all water seaward of the extension of the shoreline high watermark across the river, bay, or tidal area where no jetties exist.

(28) “Permit holder” means a person or entity that owns an individual permit or owns the vessel to which a vessel permit is attached. A lessee of a permit is not a permit holder.

(29) “Possession” means holding any food fish, shellfish or parts thereof in a person’s custody or control.

(30) “Process or Processing” means fresh packaging requiring freezing of food fish, or any part thereof, or any type of smoking, reducing, loining, steaking, pickling or filleting.

(31) “Resident” means an actual bona fide resident of this state for at least one year, as specified in ORS 508.285.

(32) “Rockfish” includes all species in the following genera:

(a) Sebastes; and

(b) Sebastolobus.

(33) “Salmon” means all anadromous species of salmon, including but not limited to:

(a) Oncorhynchus gorbuscha, commonly known as humpback, humpies or pink salmon.

(b) Oncorhynchus keta, commonly known as chum or dog salmon.

(d) Oncorhynchus nerka, commonly known as sockeye, red or blueback salmon.

(e) Oncorhynchus tshawytscha, commonly known as Chinook salmon.

(34) “Shared Ecosystem Component Species” means those ecosystem component species shared between all of the Pacific Fishery Management Council’s Fishery Management Plans which occur in the Pacific Ocean off Oregon and include:

(a) Mesopelagic fishes of the families Myctophidae, Bathylagidae, Paralepididae, and Gonostomatidae;

(b) Pacific sand lance (Ammodytes personatus, previously Ammodytes hexapterus);

(d) Silversides of the family Atherinopsidae;

(e) Smelts of the family Osmeridae; and

(f) Pelagic squids of the families Cranchiidae, Gonatidae, Histioteuthidae, Octopoteuthidae, Ommastrephidae except Humboldt squid (Dosidicus gigas), Onychoteuthidae, and Thysanoteuthidae.

(35) “Security interest” means an interest in a vessel or permit granted by the owner of the vessel or permit to a third party under a security agreement, pursuant to ORS chapter 79, another state’s laws enacted to implement Article 9 of the Uniform Commercial Code or equivalent federal statutory provisions for federally documented vessels.

(36) “Seine skiff” means an open vessel which travels with a larger fishing vessel at all times and is used solely at the direction of the operator of the larger fishing vessel to assist that larger fishing vessel in the deployment and retrieval of seine nets to take fish.

(37)“Sell” includes to offer or possess for sale, barter, exchange or trade.

(38) “Smelt” means all species in the family Osmeridae.

(39) “Take” means fish for, hunt, pursue, catch, capture or kill or attempt to fish for, hunt, pursue, catch, capture or kill.

(40) “Transport” means transport by any means and includes offer or receive for transportation.

(41) “Trip limit” means the total amount of fish that may be taken and retained, possessed, or landed per vessel from a single fishing trip or cumulatively per unit of time. A vessel which has landed its cumulative or daily limit may continue to fish on the limit for the next legal period as long as the fish are not landed until the next period. Trip limits may be:

(a) “Bi-monthly cumulative trip limit” means the maximum amount of fish that may be taken and retained, possessed or landed per vessel in specified bi-monthly periods. There is no limit on the number of landings or trips in each period, and periods apply to calendar months. The specified periods are as follows:

(A) Period 1: January through February;

(B) Period 2: March through April;

(D) Period 4: July through August;

(E) Period 5: September through October; and

(F) Period 6: November through December.

(b) “Daily trip limit” means the maximum amount of fish that may be taken and retained, possessed or landed per vessel in 24 consecutive hours, starting at 00:01 hours local time. Only one landing of groundfish may be made in that 24-hour period;

(c) “Monthly trip limit” means the maximum amount of fish that may be taken and retained, possessed or landed per vessel during the first day through the last day of any calendar month.

(d) “Weekly trip limit” means the maximum amount of fish that may be taken and retained, possessed or landed per vessel in seven (7) consecutive days, starting at 00:01 hours local time on Sunday and ending at 24:00 hours local time on Saturday. Weekly trip limits may not be accumulated during multiple week trips. If a calendar week falls within two different months or two different cumulative limit periods, a vessel is not entitled to two separate weekly limits during that week.

(42) “Undue hardship” means death, serious illness requiring extended care by a physician, permanent disability, or other circumstances beyond the individual’s control.

(43) “Unlawful to buy” means that it is unlawful to buy, knowing or having reasonable cause to believe that the fish have been illegally taken or transported within this state, or unlawfully imported or otherwise unlawfully brought into this state.

(44) “Vessel” means any floating craft, powered, towed, rowed or otherwise propelled which is used for landing or taking food fish for commercial purposes, and has the same meaning as ‘boat’ as specified in ORS 506.006.

(45) “Vessel operator” means the person onboard a fishing vessel who is responsible for leading a fishing vessel in fishing or transit operations, and who signs the corresponding electronicfish ticket or dock receipt from that fishing trip. A vessel operator may be a vessel owner or permit holder or both, individual hired to operate a vessel, or lessee of a vessel, permit or both. Although more than one person may physically operate a vessel during a fishing trip or transit, there may only be one person identified as a vessel operator (commonly referred to as a captain or skipper) on a fishing vessel during any one fishing trip or transit.

(46) “Vessel owner” means any ownership interest in a vessel, including interests arising from partnerships, corporations, limited liability corporations, or limited liability partnerships. A vessel owner does not include a leasehold interest.

(47) “Waters of this state” means all waters over which the State of Oregon has jurisdiction, or joint or other jurisdiction with any other state or government, including waters of the Pacific Ocean and all bays, inlets, lakes, rivers and streams within or forming the boundaries of this state.

(48) “Week” means the period beginning at 00:01 hours local time on Sunday and ending at 24:00 hours local time on the following Saturday.

History

Statutory/Other Authority: ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.109
DFW 147-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 56-2023, amend filed 06/28/2023, effective 06/28/2023
DFW 22-2023, amend filed 03/17/2023, effective 03/18/2023
DFW 39-2021, amend filed 04/08/2021, effective 04/09/2021
DFW 147-2019, amend filed 09/30/2019, effective 01/01/2020
DFW 149-2016, f. 12-7-16, cert. ef. 1-1-17
DFW 3-2016, f. & cert. ef. 1-19-16
DFW 4-2015, f. 1-13-15, cert. ef. 1-15-15
DFW 136-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 32-2013, f. & cert. ef. 5-14-13
DFW 75-2012, f. 6-28-12, Renumbered from 635-004-0020
DFW 156-2009, f. 12-29-09, cert. ef. 1-1-10
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 70-2005, f. & cert. ef. 7-8-05
DFW 32-2005(Temp), f. 4-29-05, cert. ef. 5-1-05 thru 10-27-05
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
FWC 71-1996, f. 12-31-96, cert. ef. 1-1-97
FWC 45-1995, f. & cert. ef. 6-1-95
FWC 95-1994, f. 12-28-94, cert. ef. 1-1-95
FWC 6-1993, f. 1-28-93, cert. ef. 2-1-93
FWC 36-1992, f. 5-26-92, cert. ef. 5-27-92
FWC 21-1992(Temp), f. 4-7-92, cert. ef. 5-1-92
FWC 141-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 67-1991, f. 6-25-91, cert. ef. 7-1-91
FWC 130-1990, f. 12-31-90, cert. ef. 1-1-91
FWC 28-1989(Temp), f. 4-25-89, cert. ef. 4-26-89
FWC 103-1988, f. 12-29-88, cert. ef. 1-1-89
FWC 17-1987(Temp), f. & cert. ef. 5-7-87
FWC 5-1985, f. & cert. ef. 2-19-85
FWC 1-1985(Temp), f. & ef. 1-4-85
FWC 10-1983, f. & ef. 3-1-83
FWC 49-1979, f. & ef. 11-1-79, Renumbered from 635-036-0270
FWC 37-1976, f. & ef. 1-23-76, Renumbered from 625-010-0545
FC 246-1972, f. 5-5-72, cert. ef. 5-15-72

Or. Admin. R. 635-004-0220 Closed Season and Areas

(1) It is unlawful to take for commercial purposes, the following from Marine Management Areas described in the “Oregon Sport Fishing Regulations:”

(a) Shellfish and invertebrates in designated Marine Gardens.

(b) Shellfish and invertebrates in designated Marine Research Areas.

(A) In the Ecola Point Marine Conservation Area, fish may be taken.

(B) In the Cape Lookout Marine Conservation, fish may be taken, and shellfish or invertebrates may be taken from subtidal areas.

(d) Fish, shellfish and invertebrates from 1000 feet around and including Pyramid Rock from May 1 through August 31.

(2) It is unlawful to take ocean food fish for commercial purposes during the following seasons and areas:

(a) As provided in these rules or in the Code of Federal Regulations, Title 50 Part 660; and

(b) From Oregon coastal bays, the Oregon estuary waters of the Columbia River, or from or within 600 feet of any man-made structures. This closure does not apply to:

(A) Ocean food fish taken in specific fisheries established by rule allowing harvest in inland waters, but only during the times and areas specified in those fishery’s regulations;

(B) Ocean food fish taken to be sold or used for scientific or educational purposes, or for live public display;

(C) Pacific herring, Pacific sardine (pilchard), anchovies, and shad that are taken by hook-and-line and sold as bait; or to

(D) Pacific herring, Pacific sardine (pilchard), anchovies, and shad that are taken by beach seine in the Umpqua estuary and sold as bait.

(c) All species other than those whose harvest is authorized under these rules must be immediately returned to the water unharmed.

(3) The following areas have additional closures and prohibitions as specified in ORS Chapter 511, and fishers should consult these regulations before fishing in these areas:

(a) Coastal Streams Areas;

(b) Columbia River Area;

(d) Curry County Area;

(e) Coos, Douglas and Lane County Areas;

(f) Nestucca, Netarts and Tillamook Bay Areas; and

(g) Willamette River Area.

(4) Marine Reserves and Marine Protected Areas within Oregon’s Territorial Sea have been established and fishers should consult regulations in OAR Division 012 regarding fishing and transit restrictions.

History

Statutory/Other Authority: ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 506.036, 506.109, 506.129 & 506.306
DFW 120-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 151-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12, Renumbered from 635-004-0025
DFW 157-2010, f. 12-6-10, cert. ef. 1-1-11
DFW 91-2009, f. & cert. ef. 8-10-09
DFW 135-2002, f. 12-23-02, cert. ef. 1-1-03
DFW 115-2002, f. & cert. ef. 10-21-02
DFW 103-2002(Temp), f. 9-13-02 cert. ef. 9-14-02 thru 9-30-02
DFW 63-2002(Temp), f. & cert. ef. 6-18-02 thru 12-14-02
DFW 97-1999, f. 12-27-99, cert. ef. 1-1-00
FWC 71-1996, f. 12-31-96, cert. ef. 1-1-97
FWC 95-1994, f. 12-28-95, cert. ef. cert. ef. 1-1-95
FWC 50-1979, f. & cert. ef. 11-1-79, Renumbered from 635-036-0275
FWC 9-1979(Temp), f. & cert. ef. 3-5-79 thru 3-31-79
FWC 8-1979, f. 3-1-79, cert. ef. 3-2-79
FWC 38-1976, f. & ef. 1-23-76, Renumbered from 625-010-0550
FC 246-1972, f. 5-5-72, cert. ef. 5-15-72

Or. Admin. R. 635-004-0223 Restrictions on Shared Ecosystem Component Species Applicable to All Commercial Fisheries

(1) Shared Ecosystem Component Species, as defined in OAR 635-004-0215, in the Pacific Ocean off Oregon are jointly managed by the state of Oregon and the federal government through the Pacific Fishery Management Council process. Therefore, the Code of Federal Regulations, Part 660, Subpart B, (October 1, 2016 ed.) is incorporated into Oregon Administrative Rule by reference. The Code of Federal Regulations provides federal requirements, including but not limited to prohibitions on directed fishing and at-sea processing for these species. For the purposes of this rule, directed fishing is defined as:

(a) Landing Shared Ecosystem Component Species without landing any other species;

(b) Landing more than 10 metric tons of Shared Ecosystem Componenent Species in aggregate from any fishing trip; or

(2) The geographical scope of those federal regulations cited in section (1) of this rule is hereby extended to the waters of this state from the head of tide of inland waters to three nautical miles offshore in the Pacific Ocean, except the Columbia River as defined in OAR 635-003-0005, and apply to fishing trips conducted from vessels entirely within these waters.

(3) The Commission may adopt additional or modified regulations that are more conservative than federal regulations, in which case Oregon Administrative Rule takes precedence. See OAR 635-004-0205 through 635-004-0235 and 635-004-0545 for additions or modifications to federal forage fish regulations.

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

History

Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
DFW 149-2016, f. 12-7-16, cert. ef. 1-1-17

Or. Admin. R. 635-004-0225 Bait Restrictions

It is unlawful to use lamprey as bait in any commercial fishery.

History

Statutory/Other Authority: ORS 506.036, 506.109, ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 506.036, 506.109, 506.126 & 506.306
Renumbered from 635-004-0003, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 24-2005, f. 4-15-05, cert. ef. 5-1-05

Or. Admin. R. 635-004-0230 Same Trip Recreational and Commercial Fishing — When Unlawful

(1) It is unlawful for a vessel licensed pursuant to ORS 508.260 to be used to fish recreationally and commercially on the same fishing trip.

(2) Recreational fishing gear is legal to use in commercial fisheries provided it complies with the provisions specified in OAR 635-004-0235.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0235 Fishing Gear

(1) This regulation lists a complete set of legal gear types and associated general restrictions to take ocean food fish and Pacific halibut in the fisheries specified in this Division. However, most individual fishery sections in this Division contain additional gear regulations specific to those fisheries. Fishers should consult the specific section of the fishery they are interested in for additional regulations.

(2) It is unlawful to possess, deploy, haul, or carry on board a fishing vessel any fishing gear not listed in section (3) of this rule, or fishing gear not in compliance with the restrictions listed in section (4) of this rule, unless such gear is the gear of another vessel that has been retrieved at sea and made inoperable or stowed in a manner not capable of being fished. The disposal at sea of such gear is prohibited by Annex V of the International Convention for the Prevention of Pollution From Ships, 1973 (Annex V of MARPOL 73/78).

(3) It is unlawful to take food fish for commercial purposes by any means except:

(a) Hook-and-line gear, including, but not limited to handline, pole-and-line, reel-and-line and pole-reel-and-line;

(b) Longlines and vertical hook and lines are permitted in the ocean;

(d) Dipnets of hoop or A-frame design;

(e) Troll gear is permitted in the ocean;

(f) Seines are permitted in the ocean for ocean food fish other than groundfish and for the taking of herring, sardine, and anchovy from the following inland waters:

(A) Columbia River westerly of the U.S. Highway 101 Astoria Bridge across the Columbia River;

(B) Tillamook Bay;

(D) Alsea Bay;

(E) Winchester Bay; and

(F) Coos Bay.

(g) Trawl gear is permitted in the ocean for ocean food fish;

(A) Trawl gear may not be used with any other gear type on a single fishing trip.

(B) Trawl gear must meet the specifications specified in the Code of Federal Regulations Title 50, Section 660.130.

(h) Set nets with an experimental gear permit pursuant to OAR 635-006-0020; or

(i) Spear.

(4) Longline, vertical hook-and-line and pot gear which is fixed or anchored to the bottom or drifting unattached to the vessel have the following restrictions:

(a) Gear shall not be left unattended for more than seven days;

(b) Longline and pot gear shall be marked at the surface at each terminal end with a pole, flag, light, radar reflector, and a buoy showing clear identification of the owner or vessel operator;

(c) Vertical hook-and-line gear that is closely tended may be marked only with a single buoy of sufficient size to float the gear. “Closely tended” means that a vessel is within visual sighting distance or within 1/4 nautical mile as determined by electronic navigational equipment, of its vertical hook-and-line gear; and

(d) Pot gear used for other than Dungeness crab, hagfish or spot or coonstripe shrimp shall have biodegradable escape panels constructed with #21 or smaller, untreated cotton twine in such manner that an opening of at least eight inches in diameter will result when the twine deteriorates.

(5) Fixed gear, other than crayfish pots or ring nets, must be marked with a surface buoy bearing, in a visible, legible and permanent manner, a number clearly identifying the owner or vessel operator. The number may be either:

(a) If required by applicable state law, the vessel’s number, the commercial fishing license number, or buoy brand number; or

(b) The vessel documentation number issued by the U.S. Coast Guard, or, for an undocumented vessel, the vessel registration number issued by the state.

(6) It is unlawful to use fixed gear that has on any part of the gear line marks or multi-colored line required for any state or federal fishery operating in the U.S. West Coast EEZ or in the state waters of Washington, Oregon, or California, other than the fishery the gear is being used in.

History

Statutory/Other Authority: ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.129 & ORS 506.109
DFW 79-2024, amend filed 09/16/2024, effective 09/16/2024
DFW 147-2019, amend filed 09/30/2019, effective 01/01/2020
Renumbered from 635-004-0035, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 157-2010, f. 12-6-10, cert. ef. 1-1-11
DFW 142-2008, f. & cert. ef. 11-21-08
FWC 71-1996, f. 12-31-96, cert. ef. 1-1-97
FWC 51-1995, f. 6-16-95, cert. ef. 6-19-95
FWC 45-1995, f. & cert. ef. 6-1-95
FWC 141-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 112-1990, f. 10-3-90, cert. ef. 10-5-90
FWC 123-1989, f. 12-19-89, cert. ef. 1-1-90
FWC 103-1988, f. 12-29-88, cert. ef. 1-1-89
FWC 10-1983, f. & ef. 3-1-83
FWC 34-1979, f. & ef. 8-22-79, Renumbered from 635-036-0280
FWC 166, f. & ef. 12-23-77
FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-010-0555

Or. Admin. R. 635-004-0240 Far Offshore Fishery Defined

"Far Offshore Fishery" means a fishery where the fish are taken outside the United States 200-mile Exclusive Economic Zone.

History

Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 496.138, 496.162, 506.119 & 506.129
Renumbered from 635-004-0125, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92
FWC 109-1991(Temp), f. & cert. ef. 9-27-91

Or. Admin. R. 635-004-0245 Commercial Vessel License - Right to Land Fish

Fish taken in a far offshore fishery which may be lawfully imported into this state from a foreign nation or from another state, may be landed in this state, provided Oregon commercial fishing license requirements and the provisions contained in OAR 635-004-0250 through 635-004-0265 have been met.

History

Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.119 & 506.129
Statutes/Other Implemented: ORS 496.138, 496.162, 506.109, 506.119 & 506.129
Renumbered from 635-004-0130, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92
FWC 109-1991(Temp), f. & cert. ef. 9-27-91

Or. Admin. R. 635-004-0250 Declaration

(1) The vessel operator of any vessel participating in the far offshore fishery intending to land fish or fish products in Oregon shall notify the Department of any such fishing trip at least 48 hours prior to leaving port by writing to the Oregon Department of Fish and Wildlife, 2040 SE Marine Science Drive, Newport, OR 97365, or by calling 541-867-4741 during regular business hours Monday through Friday. Such declaration shall include the area to be fished and the intended port of landing, including the identification of the processor to whom delivery will be made.

(2) In addition, 24 hours or more prior to landing, the vessel operator shall notify the Department, at the telephone number listed above, during regular business hours, or the Oregon State Police at other times, telephone number 1-800-452-7888, of the following:

(a) Vessel name and documentation number;

(b) Estimated time of arrival;

(d) Processor's location; and

(e) Estimated weight of fish on board.

History

Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 496.138, 496.162, 506.109, 506.119 & 506.129
Renumbered from 635-004-0135, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92
FWC 109-1991(Temp), f. & cert. ef. 9-27-91

Or. Admin. R. 635-004-0255 Compliance Evidence

It shall be the responsibility of the vessel operator to maintain a navigation plotting record of any far offshore fishing trip, and such record shall be available for inspection by any person authorized to enforce the commercial fishing laws of Oregon. Such record shall be maintained for 30 days following any such fishing trip.

History

Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 496.138, 496.162, 506.109, 506.119 & 506.129
Renumbered from 635-004-0140, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92
FWC 109-1991(Temp), f. & cert. ef. 9-27-91

Or. Admin. R. 635-004-0260 Far Offshore Fishery Trip Limit

Except for the licensing requirements provided in OAR 635-004-0245, there are no trip limits or landing restrictions for fish or fish products taken in the far offshore fishery.

History

Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 496.138, 496.162, 506.109, 506.119 & 506.129
Renumbered from 635-004-0145, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92
FWC 109-1991(Temp), f. & cert. ef. 9-27-91

Or. Admin. R. 635-004-0265 Fishing Within 200-Mile Fishery Zone — When Unlawful

It is unlawful for the operator of any vessel to fish in or land fish from the 200-mile Exclusive Economic Zone or from state waters during any trip for which a declaration to participate in the far offshore fishery has been made.

History

Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 496.138, 496.162, 506.109, 506.119, 506.129 & 506.306
Renumbered from 635-004-0150, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92
FWC 109-1991(Temp), f. & cert. ef. 9-27-91

Or. Admin. R. 635-004-0270 Organization of Groundfish Rules

Administrative rules contained in OAR 635-004-0275 through 635-004-0280 shall apply to all fisheries in the Groundfish Section, and are in addition to and not in lieu of Division 004, General Regulations contained in OAR 635-004-0200 through 635-004-0265. The Groundfish Section includes regulations for Trawl and Fixed Gear groundfish fisheries, and the Black Rockfish/Blue Rockfish/Nearshore Fishery.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0275 Temporary rule language in effect until 11/06/2026. Scope, Inclusion, and Modification of Rules

(1) The commercial groundfish fishery in the Pacific Ocean off Oregon is jointly managed by the state of Oregon and the federal government through the Pacific Fishery Management Council process. The Code of Federal Regulations provides federal requirements for this fishery, including but not limited to the time, place, and manner of taking groundfish. However, additional regulations may be promulgated subsequently by publication in the Federal Register, and these supersede, to the extent of any inconsistency, the Code of Federal Regulations. Therefore, the following publications are incorporated into Oregon Administrative Rule by reference:

(a) Code of Federal Regulations, Part 660, Subparts C, D, and E (October 1, 2025 ed.) as amended;

(b) Federal Register Vol. 91, no. 84, dated May 1, 2026 (91 FR 23374);

(d) Federal Register Vol. 91, No. 160, dated August 20, 2026 (91 FR 53737).

(2) Persons must consult the federal regulations, in addition to Division 004, to determine all applicable groundfish fishing requirements. Where federal regulations refer to the fishery management area, that area is extended from shore to three nautical miles from shore coterminous with the Exclusive Economic Zone.

(3) The Commission may adopt additional or modified regulations that are more conservative than federal regulations, in which case Oregon Administrative Rule takes precedence. See OAR 635-004- 0205 through 635-004-0235 and 635-004-0280 through 635-004-0365 for additions or modifications to federal groundfish regulations.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 506.109 & ORS 506.129
DFW 87-2026, temporary amend filed 08/21/2026, effective 08/21/2026 through 11/06/2026
DFW 73-2026, temporary amend filed 07/31/2026, effective 08/06/2026 through 11/06/2026
DFW 37-2026, temporary amend filed 05/11/2026, effective 05/11/2026 through 11/06/2026
DFW 131-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 57-2025, temporary amend filed 07/21/2025, effective 07/21/2025 through 12/31/2025
DFW 109-2024, amend filed 12/30/2024, effective 01/01/2025
DFW 61-2024, temporary amend filed 07/31/2024, effective 08/01/2024 through 12/31/2024
DFW 120-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 108-2023, temporary amend filed 10/06/2023, effective 10/06/2023 through 12/31/2023
DFW 77-2023, temporary amend filed 08/02/2023, effective 08/02/2023 through 12/31/2023
DFW 9-2023, temporary amend filed 02/03/2023, effective 02/03/2023 through 08/01/2023
DFW 156-2022, amend filed 12/20/2022, effective 01/01/2023
DFW 140-2022, temporary amend filed 10/04/2022, effective 10/04/2022 through 12/31/2022
DFW 73-2022, temporary amend filed 06/30/2022, effective 07/05/2022 through 12/31/2022
DFW 177-2021, amend filed 12/20/2021, effective 01/01/2022
DFW 175-2021, temporary amend filed 12/10/2021, effective 12/12/2021 through 12/31/2021
DFW 172-2021, temporary amend filed 11/16/2021, effective 11/16/2021 through 12/11/2021
DFW 75-2021, temporary amend filed 06/15/2021, effective 06/16/2021 through 12/11/2021
DFW 162-2020, amend filed 12/23/2020, effective 01/01/2021
DFW 146-2020, temporary amend filed 11/05/2020, effective 11/05/2020 through 12/31/2020
DFW 141-2020, temporary amend filed 10/22/2020, effective 10/22/2020 through 12/31/2020
DFW 82-2020, temporary amend filed 07/06/2020, effective 07/06/2020 through 12/31/2020
DFW 69-2020, temporary amend filed 06/11/2020, effective 06/11/2020 through 07/03/2020
DFW 2-2020, temporary amend filed 01/06/2020, effective 01/06/2020 through 07/03/2020
DFW 185-2019, amend filed 12/31/2019, effective 01/01/2020
DFW 164-2019, temporary amend filed 10/21/2019, effective 10/21/2019 through 12/31/2019
DFW 111-2019, temporary amend filed 08/06/2019, effective 10/05/2019 through 12/31/2019
DFW 101-2019, temporary amend filed 07/18/2019, effective 07/18/2019 through 12/31/2019
DFW 4-2019, temporary amend filed 01/18/2019, effective 01/18/2019 through 07/16/2019
DFW 180-2018, amend filed 12/12/2018, effective 01/01/2019
DFW 158-2018, temporary amend filed 10/15/2018, effective 10/15/2018 through 12/31/2018
DFW 17-2018, temporary amend filed 02/12/2018, effective 07/03/2018 through 08/10/2018
DFW 16-2018, temporary amend filed 02/12/2018, effective 02/12/2018 through 07/02/2018
DFW 2-2018, temporary amend filed 01/03/2018, effective 01/04/2018 through 07/02/2018
DFW 137-2017, temporary amend filed 10/19/2017, effective 10/19/2017 through 12/31/2017
DFW 89-2017(Temp), f. and cert. ef. 7-14-17 thru 12-31-17
DFW 15-2017, f. & cert. ef. 2-15-17
Reverted to DFW 3-2016, f. & cert. ef. 1-19-16
DFW 114-2016(Temp), f. 9-12-16, cert. ef. 9-15-16 thru 12-31-16
DFW 83-2016(Temp), f. 6-29-16, cert. ef. 7-5-16 thru 12-31-16
DFW 3-2016, f. & cert. ef. 1-19-16
DFW 159-2015(Temp), f. & cert. ef. 11-25-15 thru 5-22-16
DFW 151-2015(Temp), f. & cert. ef. 11-2-15 thru 4-29-16
DFW 111-2015(Temp), f. & cert. ef. 8-19-15 thru 2-14-16
DFW 68-2015(Temp), f. 6-11-15, cert. ef. 6-12-15 thru 12-8-15
DFW 18-2015, f. & cert. ef. 3-10-15
DFW 163-2014(Temp), f. 12-15-14, cert. ef. 1-1-15 thru 6-29-15
DFW 109-2014(Temp), f. & cert. ef. 8-4-14 thru 12-31-14
DFW 34-2014(Temp), f. & cert. ef. 4-23-14 thru 9-30-14
DFW 136-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 132-2013(Temp), f. & cert. ef. 12-9-13 thru 6-7-14
DFW 96-2013(Temp), f. 8-27-13, cert. ef. 9-1-13 thru 12-31-13
DFW 1-2013, f. & cert. ef. 1-3-13
Reverted to DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 106-2012(Temp), f. 8-15-12, cert. ef. 9-1-12 thru 12-31-12
DFW 78-2012(Temp), f. 6-28-12, cert. ef. 7-1-12 thru 10-27-12
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0280 Maintaining Records of Cumulative Catch

Vessels landing groundfish under a cumulative catch limit shall keep copies of fish landing receipts on board for inspection by authorized enforcement officials for a minimum of 90 days from date of delivery. Receipts shall be signed and dated by both the dealer representative and vessel operator. Fish landing receipts may be in the form of Department electronicfish tickets; or fish dealer dock receipts.

History

Statutory/Other Authority: ORS 496.138, ORS 496.162, ORS 506.036, ORS 506.109, ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.109 & ORS 506.129
DFW 148-2025, amend filed 12/31/2025, effective 01/01/2026
Renumbered from 635-004-0048, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
FWC 95-1994, f. 12-28-94, cert. ef. 1-1-95
FWC 36-1992, f. 5-26-92, cert. ef. 5-27-92
FWC 141-1991, f. 12-31-91, cert. ef. 1-1-92

Or. Admin. R. 635-004-0285 Trawl and Fixed Gear Groundfish Fisheries Defined

"Trawl and Fixed Gear Groundfish Fisheries" means the commercial fisheries for groundfish species as defined in the Pacific Coast Groundfish Fishery Management Plan and in the Federal Groundfish Regulations, Title 50 Part 660, using trawl and fixed gear as defined in OAR 635-004-0215.

History

Statutory/Other Authority: ORS 506.036, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0290 Logbook Required

(1) The Department shall make available a logbook to each licensed commercial fishing vessel from which groundfish are taken by means of trawl (including a shrimp trawl net), longline, hook-and-line, or pot gear.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered as confidential.

(6) Logbooks shall be completed for a fishing trip within one week of landing.

(7) This rule does not apply to vessels registered to a federal limited entry trawl permit with a Catcher/Processor endorsement, and a valid declaration for the limited entry, midwater trawl, Pacific whiting catcher/processor sector.

History

Statutory/Other Authority: ORS 506.036, ORS 506.109, ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.129 & ORS 506.450 through 506.465
DFW 149-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 93-2024, temporary amend filed 10/03/2024, effective 10/07/2024 through 12/31/2024
Renumbered from 635-004-0050, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 120-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 135-2002, f. 12-23-02, cert. ef. 1-1-03
DFW 38-1999, f. & cert. ef. 5-24-99
FWC 15-1984, f. & ef. 4-5-84
FWC 34-1979, f. & ef. 8-22-79, Renumbered from 635-036-0295
FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-010-0570

Or. Admin. R. 635-004-0295 Black Rockfish, Blue Rockfish and Nearshore Fishery Defined

"Black Rockfish/Blue Rockfish/Nearshore Fishery" means the commercial fishery for black rockfish (Sebastes melanops), blue rockfish (Sebastes mystinus), deacon rockfish (Sebastes diaconus) and nearshore species as defined in OAR 635-004-0215.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.129 & 506.450 through 506.465
DFW 3-2016, f. & cert. ef. 1-19-16
Renumbered from 635-004-0160, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 112-2003, f. & cert. ef. 11-14-03

Or. Admin. R. 635-004-0300 Requirement for Black Rockfish/Blue Rockfish/Nearshore Fishery Permit

(1) Except as provided in OAR 635-004-0360, it is unlawful to take, land or possess black rockfish, blue rockfish, or deacon rockfish without a Black Rockfish/Blue Rockfish Permit or black rockfish, blue rockfish, deacon rockfish, or nearshore species without a Black Rockfish/Blue Rockfish or Black Rockfish/Blue Rockfish with a Nearshore Endorsement Permit pursuant to ORS 508.945.

(2) It is unlawful for a wholesaler, canner or buyer to buy or receive black rockfish, blue rockfish, deacon rockfish, or other nearshore species taken in the Black Rockfish/Blue Rockfish/Nearshore Fishery from a vessel for which the permit required by section (1) of this rule has not been issued.

(3) A Black Rockfish/Blue Rockfish/Nearshore Fishery Permit required by section (1) of this rule is in addition to and not in lieu of the commercial fishing and vessel license required by ORS 508.235 and ORS 508.260.

(4) No vessel may hold more than one Black Rockfish/Blue Rockfish / Nearshore Fishery Permit at any one time.

(5) Unless otherwise provided, Black Rockfish/Blue Rockfish/Nearshore Permits must be purchased by January 1 of the year the permit is sought for renewal.

(6) Applications for Black Rockfish/Blue Rockfish/Nearshore Fishery Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of vessel may be required at the time of application.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129, 506.306 & 508.945
DFW 3-2016, f. & cert. ef. 1-19-16
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0310 Eligibility Requirements for a Permit

(1) Vessel owners must meet eligibility requirements for a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit established in ORS 508.947.

(2) An individual is eligible to obtain a Black Rockfish / Blue Rockfish/Nearshore Permit required by OAR 635-004-0300:

(a) By renewal of the previous year’s permit as specified in OAR 635-004-0320; or

(b) Through the lottery if a lottery is held in accordance with OAR 635-004-0325.

(3) In making determinations regarding issuance or renewal of a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit, the Department and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements Department records and such receipts, accounts, contracts and other business records of private parties as the Department or the Board considers reliable evidence of the qualifications or requirements in question.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.947
DFW 151-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0315 Review of Denials

(1) An individual whose application for issuance, renewal or transfer of a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit established pursuant to OAR 635-004-0300, 635-004-0320 and 635-004-0330 is denied may make written request to the Board for review of the denial. The procedure for requesting review and the applicable standard of review of denial for a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit shall be pursuant to ORS 508.960.

(2) The Board may delegate to the Department its authority to waive requirements for renewal of permits in the Black Rockfish/Blue Rockfish/Nearshore Fishery in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(3) The Black Rockfish/Blue Rockfish/Nearshore Fishery requires a $125 non-refundable application fee for Board review. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee.

(4) Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to 183.550.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.960
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0320 Renewal of Permit

(1) Black Rockfish/Blue Rockfish/Nearshore Fishery Permits may be renewed the following year pursuant to ORS 508.947 and ORS 508.949.

(2)An application for renewal of a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit shall be considered complete if it is legible, has all information requested in the form, is accompanied by the required fee in full, and is date-stamped or postmarked by January 1 of the year the permit is sought for renewal.

(3)Permits issued under this rule expire on December 31 of each year. If an owner of a vessel with a permit does not submit a complete renewal application by January 1 of the permit year sought, the owner may renew the permit by submitting a complete renewal application after January 1 but before April 1 of the permit year sought if the owner pays a $150.00 late fee in addition to the fee required under section (1) of this rule.

(4)It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application may not be grounds for treating the application as having been filed in a timely and complete manner.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 508.945, ORS 508.947 & ORS 508.949
DFW 113-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 99-2025, temporary amend filed 10/07/2025, effective 10/15/2025 through 12/31/2025
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 136-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0325 Lottery for Limited Entry Black Rockfish/Blue Rockfish/Nearshore Fishery Permits

(1) If the number of permits issued in accordance with OAR 635-004-0300 falls below 80 for Black Rockfish and Blue Rockfish Permits or 50 permits for Black Rockfish and Blue Rockfish Permits with a Nearshore Endorsement, the Department in the next succeeding calendar year may issue Black Rockfish/Blue Rockfish/Nearshore Fishery Permits by a lottery system pursuant to ORS 508.955. However, the total number of permits issued may not exceed 80 for Black Rockfish and Blue Rockfish Permits or 50 Black Rockfish and Blue Rockfish Permits with a Nearshore Endorsement.

(2) A vessel may qualify for the lottery if the vessel:

(a) Has a boat licensed issued pursuant to ORS 508.260 for the current year; and

(b) Had a boat license issued pursuant to ORS 508.260 for the previous year.

(3) Each applicant for a permit lottery shall complete the application form prescribed by the Department.

(4) Application for vessel permits shall only be accepted for vessels, which, in the judgment of the Department, are capable of operating the gear necessary to legally participate in the fishery. Vessels of a size or design incapable of harvesting the permitted species are not eligible for the lottery.

(5) Only one application per vessel may be submitted for each permit lottery.

(6) Any application which is not legible, has incomplete information, or is postmarked after the deadline may not be entered in the lottery. Applications for all permits will be accepted at the Salem headquarters office of the Department, and shall be postmarked or date stamped no later than March 31 of the year for which the permit is issued.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.955
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0330 Transferability of Permits

(1) 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.

(2) Black Rockfish / Blue Rockfish / Nearshore Fishery Permit holders may transfer a permit pursuant to ORS 508.957.

(3) To be eligible for transfer, the vessel operating under a Black Rockfish / Blue Rockfish / Nearshore Fishery Permit with a Nearshore Endorsement must have made, in the previous calendar year, a minimum of five landings that contained at least 15 pounds of any combination of black rockfish, blue rockfish or nearshore fish in each landing.

(4) In the event a buyer fails to complete a purchase agreement for a vessel permit, the seller is eligible for a temporary transfer of the vessel permit back to the seller, if a preliminary injunction is issued by a circuit court requiring the State Department of Fish and Wildlife to allow the seller to continue to operate a vessel in the fishery during the pendency of the proceeding. An order granting a preliminary injunction under this section must include a finding that allowing the seller to continue to operate a vessel in the fishery will not cause excessive harvest pressure on the fishery resource.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.957
DFW 155-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 150-2017, amend filed 12/12/2017, effective 01/01/2018
DFW 148-2016, f. 12-7-16, cert. ef. 1-1-17
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0335 Logbook Required

(1) The Department shall make available a logbook to each vessel owner that has a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit.

(2) Each vessel owner is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel owner shall permit examination and transcription of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel owner shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.953
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0340 Fishing Gear

(1) Except as provided in OAR 635-004-0360, it is unlawful to take Black Rockfish/Blue Rockfish/Nearshore Fishery species by any means other than:

(a) Hook-and-line gear; or

(b) Pot gear may be used if a Developmental Fisheries Permit for nearshore species using pot gear was issued in 2003. Pot gear shall be limited to a maximum of 35 pots.

(2) It is unlawful to take black rockfish, blue rockfish, deacon rockfish, or nearshore species using dive gear.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 3-2016, f. & cert. ef. 1-19-16
Renumbered from 635-004-0165, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 112-2003, f. & cert. ef. 11-14-03

Or. Admin. R. 635-004-0345 Length Limits

The minimum length limit for rockfish, greenling, and cabezon taken for commercial purposes by means of non-trawl fishing gear is 12 inches for grass, China, copper, and quillback rockfish and greenling, and 16 inches for cabezon.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
Renumbered from 635-004-0021, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 117-2002, f. & cert. ef. 10-21-02
DFW 97-1999, f. 12-27-99, cert. ef. 1-1-00

Or. Admin. R. 635-004-0350 Harvest Guidelines and Landing Caps

(1) Upon attainment of a harvest guideline in the Black Rockfish / Blue Rockfish / Nearshore Fishery, the Department shall initiate consultation to determine if additional regulatory actions are necessary to achieve management objectives.

(2) The following commercial harvest guidelines include the combined landings and other fishery related mortality by all Oregon commercial fisheries in a single calendar year:

(a) Black rockfish: 84.1 metric tons;

(b) Blue rockfish and deacon rockfish combined: 14.4 metric tons;

(d) Cabezon: 30.5 metric tons; and

(e) Greenling: 95.3 metric tons.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 506.109 & ORS 506.129
DFW 130-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 109-2024, amend filed 12/30/2024, effective 01/01/2025
DFW 120-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 156-2022, amend filed 12/20/2022, effective 01/01/2023
DFW 177-2021, amend filed 12/20/2021, effective 01/01/2022
DFW 155-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 172-2019, amend filed 12/10/2019, effective 01/01/2020
DFW 180-2018, amend filed 12/12/2018, effective 01/01/2019
DFW 151-2017, amend filed 12/15/2017, effective 01/01/2018
DFW 148-2016, f. 12-7-16, cert. ef. 1-1-17
DFW 3-2016, f. & cert. ef. 1-19-16
DFW 4-2015, f. 1-13-15, cert. ef. 1-15-15
DFW 136-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 151-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0355 Temporary rule language in effect until 12/31/2026. Trip Limits

(1) The trip limits outlined in this rule are set at the beginning of each calendar year based on commercial harvest caps and projected fishing effort and are subject to in-season adjustments and closures. Fishers should refer to Nearshore Commercial Fishery Industry Notices on the Marine Resources Program Commercial Fishing Rules and Regulations webpage for the most up-to-date information regarding trip limits and other regulations affecting the Nearshore Commercial Fishery.

(2) Vessels with a Black Rockfish / Blue Rockfish / Nearshore Fishery Permit, with or without a Nearshore Endorsement, may land no more than the following bi-monthly cumulative trip limits:

(a) Black rockfish:

(A) 1200 pounds in period 1;

(B) 1200 pounds in period 2;

(D) 2000 pounds in period 4;

(E) 1600 pounds in period 5;

(F) 1600 pounds in period 6; and

(b) 1500 pounds of blue rockfish and deacon rockfish combined in each period.

(3) For all other nearshore species with a Black Rockfish / Blue Rockfish / Nearshore Fishery Permit with Nearshore Endorsement may land no more than the following bi-monthly cumulative trip limits:

(a) 650 pounds of other nearshore rockfish combined in each period;

(b) 2500 pounds of cabezon in each period; and

(4) It is unlawful to retain or land quillback rockfish for commercial purposes, except by vessels participating in the federal Pacific coast groundfish limited entry trawl fishery.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 506.109 & ORS 506.129
DFW 77-2026, temporary amend filed 08/04/2026, effective 08/04/2026 through 12/31/2026
DFW 132-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 51-2025, temporary amend filed 07/02/2025, effective 07/05/2025 through 12/31/2025
DFW 109-2024, amend filed 12/30/2024, effective 01/01/2025
DFW 72-2024, temporary amend filed 08/29/2024, effective 09/01/2024 through 12/31/2024
DFW 49-2024, temporary amend filed 06/26/2024, effective 07/05/2024 through 12/31/2024
DFW 120-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 58-2023, temporary amend filed 06/28/2023, effective 07/05/2023 through 12/31/2023
DFW 57-2023, temporary amend filed 06/28/2023, effective 07/05/2023 through 12/31/2023
DFW 156-2022, amend filed 12/20/2022, effective 01/01/2023
DFW 144-2022, temporary amend filed 10/18/2022, effective 10/18/2022 through 12/31/2022
DFW 117-2022, temporary amend filed 09/01/2022, effective 09/01/2022 through 12/31/2022
DFW 177-2021, amend filed 12/20/2021, effective 01/01/2022
DFW 128-2021, temporary amend filed 08/27/2021, effective 09/01/2021 through 12/31/2021
DFW 155-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 140-2020, temporary amend filed 10/15/2020, effective 10/23/2020 through 12/31/2020
DFW 107-2020, temporary amend filed 08/27/2020, effective 08/27/2020 through 12/31/2020
DFW 74-2020, temporary amend filed 06/29/2020, effective 07/05/2020 through 12/31/2020
DFW 173-2019, temporary amend filed 12/11/2019, effective 12/13/2019 through 12/31/2019
DFW 172-2019, amend filed 12/10/2019, effective 01/01/2020
DFW 87-2019, temporary amend filed 06/26/2019, effective 07/05/2019 through 12/31/2019
DFW 180-2018, amend filed 12/12/2018, effective 01/01/2019
DFW 149-2018, temporary amend filed 09/26/2018, effective 10/05/2018 through 12/31/2018
DFW 121-2018, temporary amend filed 08/24/2018, effective 09/01/2018 through 12/31/2018
DFW 77-2018, temporary amend filed 06/22/2018, effective 07/05/2018 through 12/31/2018
DFW 43-2018, temporary amend filed 04/10/2018, effective 05/01/2018 through 06/30/2018
DFW 151-2017, amend filed 12/15/2017, effective 01/01/2018
DFW 83-2017(Temp), f. 6-30-17, cert. ef. 7-5-17 thru 12-31-17
DFW 148-2016, f. 12-7-16, cert. ef. 1-1-17
DFW 143-2016(Temp), f. & cert. ef. 11-10-16 thru 12-31-16
DFW 114-2016(Temp), f. 9-12-16, cert. ef. 9-15-16 thru 12-31-16
DFW 83-2016(Temp), f. 6-29-16, cert. ef. 7-5-16 thru 12-31-16
DFW 3-2016, f. & cert. ef. 1-19-16
Reverted to DFW 4-2015, f. 1-13-15, cert. ef. 1-15-15
DFW 114-2015(Temp), f. 8-27-15, cert. ef. 9-1-15 thru 12-31-15
DFW 82-2015(Temp), f. 7-1-15, cert. ef. 7-5-15 thru 12-31-15
DFW 4-2015, f. 1-13-15, cert. ef. 1-15-15
DFW 164-2014(Temp), f. 12-15-14, cert. ef. 1-1-15 thru 1-16-15
DFW 147-2014(Temp), f. & cert. ef. 10-13-14 thru 12-31-14
DFW 101-2014(Temp), f. 7-23-14, cert. ef. 8-1-14 thru 12-31-14
Reverted to DFW 151-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 99-2013(Temp), f. & cert. ef. 9-9-13 thru 12-31-13
DFW 151-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 141-2012(Temp), f. 10-31-12, cert. ef. 11-1-12 thru 12-31-12
DFW 118-2012(Temp), f. 9-10-12, cert. ef. 9-11-12 thru 12-31-12
DFW 79-2012(Temp), f. 6-28-12, cert. ef. 7-1-12 thru 12-27-12
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0360 Incidental Catch in Other Fisheries

A vessel may land black rockfish, blue rockfish, and nearshore species without a permit or endorsement required by OAR 635-004-0300 if the vessel operator:

(1) For only one landing per day, lands no more than 15 pounds of a combination of black rockfish, blue rockfish, deacon rockfish and nearshore species, as defined in OAR 635-004-0215, and if the black rockfish, blue rockfish, deacon rockfish and nearshore species:

(a) Make up 25 percent or less of the total poundage of the landing; and

(b) Are taken with legal groundfish fishing gear.

(2) Operates a vessel that holds a valid Black Rockfish/Blue Rockfish Permit without a Nearshore Endorsement and:

(a) For only one landing per day, lands no more than 15 pounds of nearshore species, as defined in OAR 635-004-0215;

(b) The nearshore species make up 25 percent or less of the total poundage of the landing; and

(c) The nearshore species are taken with gear that is legal to use in the Black Rockfish / Blue Rockfish / Nearshore Fishery.

(3) Operates a vessel in the ocean troll salmon fishery pursuant to ORS 508.801 to 508.825 and the vessel lands black rockfish, blue rockfish, deacon rockfish or a combination of black rockfish, blue rockfish, and deacon rockfish in the same landing in which the vessel lands a salmon under the permit required by ORS 508.801 to 508.825. The black rockfish, blue rockfish, and deacon rockfish landed under this subsection must be landed dead. A vessel that lands black rockfish, blue rockfish, or deacon rockfish under this section may land up to 100 pounds of black rockfish, blue rockfish, and deacon rockfish in aggregate, per landing. When the aggregate incidental catch of black rockfish, blue rockfish, and deacon rockfish in the salmon troll fishery reaches 3,000 pounds in a calendar year, a vessel that lands black rockfish, blue rockfish, or deacon rockfish under this section may not land more than 15 pounds of black rockfish, blue rockfish, and deacon rockfish in aggregate, per trip.

(4) Operates a vessel in the west coast groundfish trawl fishery pursuant to federal regulations and lands no more than 1,000 pounds of black rockfish, blue rockfish, and deacon rockfish in aggregate per calendar year, and if the black rockfish, blue rockfish, and deacon rockfish:

(a) Make up 25 percent or less of the total poundage of each landing; and

(b) Are landed dead.

(5) Is a nonprofit aquarium or has contracted with a nonprofit aquarium to land black rockfish, blue rockfish, deacon rockfish or nearshore fish for the purpose of displaying or conducting research on the black rockfish, blue rockfish, deacon rockfish or nearshore fish.

(6) Does not exceed trip limits as established in OAR 635-004-0355 and OAR 635-004-0365.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 3-2016, f. & cert. ef. 1-19-16
DFW 136-2013, f. 12-19-13, cert. ef. 1-1-14
Renumbered from 635-004-0170, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 128-2007, f. 12-13-07, cert. ef. 1-1-08
DFW 123-2007(Temp), f. 11-26-07, cert. ef. 11-28-07 thru 12-31-07
DFW 138-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 112-2003, f. & cert. ef. 11-14-03

Or. Admin. R. 635-004-0365 Black Rockfish Management Areas

(1) Black Rockfish Management Areas are defined as:

(a) Tillamook Head (45°56'45" N latitude) to Cape Lookout (45°20'15" N latitude);

(b) Cascade Head (45°03'50" N latitude) to Cape Perpetua (44°18' N latitude);

(c) From a point (43°30' N latitude), approximately 8 1/2 nautical miles north of the Coos Bay north jetty, to a point (43°03' N latitude) adjacent to the mouth of Fourmile Creek; and

(d) Mack Arch (42°13'40" N latitude) to the Oregon-California border (42°00' N latitude).

(2) Effective January 1, 2026, there is no daily trip limit for the amount of black rockfish that may be taken, retained, or possessed when any fishing occurs within a Black Rockfish Management Area on a fishing trip. Vessels may land up to the bi-monthly cumulative trip limit for black rockfish described in OAR 635-004-0355 from a single fishing trip.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 506.109 & ORS 506.129
DFW 133-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 55-2023, amend filed 06/27/2023, effective 06/27/2023
DFW 177-2021, amend filed 12/20/2021, effective 01/01/2022
DFW 172-2019, amend filed 12/10/2019, effective 01/01/2020
Renumbered from 635-004-0036, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 155-2009, f. 12-28-09, cert. ef. 1-1-10
DFW 128-2003, f. 12-15-03, cert. ef. 1-1-04
DFW 117-2002, f. & cert. ef. 10-21-02

Or. Admin. R. 635-004-0370 Organization of Coastal Pelagic and Smelt Species Rules

(1) Administrative rules contained in OAR 635-004-0375 though 635-004-0379 shall apply to all fisheries in the Coastal Pelagic and Smelt Species section, and are in addition to and not in lieu of division 004 General Regulations contained in 635-004-0200 through 635-004-0265. The Coastal Pelagic and Smelt Species Section includes regulations for the Sardine, Inland Waters Herring, Yaquina Bay Roe-Herring, Pacific Ocean Herring, Anchovy and Smelt Fisheries.

(2) Market squid are managed under the Coastal Pelagic Species Fishery Management Plan and through the regulations adopted by reference in OAR 635-004-0375. However, market squid are managed as a shellfish when landed in Oregon, and are subject to regulations in the Squid Fishery Section in division 5.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 69-2016, f. & cert. ef. 6-13-16
DFW 77-2015, f. & cert. ef. 6-29-15
DFW 47-2015(Temp), f. 5-21-15, cert. ef. 5-27-15 thru 11-22-15
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0375 Scope, Inclusion, and Modification of Rules

(1) The commercial coastal pelagic species fishery in the Pacific Ocean off Oregon is jointly managed by the state of Oregon and the federal government through the Pacific Fishery Management Council process. The Code of Federal Regulations provides federal requirements for this fishery, including but not limited to the time, place, and manner of taking coastal pelagic species. However, additional regulations may be promulgated subsequently by publication in the Federal Register, and these supersede, to the extent of any inconsistency, the Code of Federal Regulations. Therefore, the following publications are incorporated into Oregon Administrative Rule by reference:

(a) Code of Federal Regulations, Part 660, Subpart I, (October 1, 2025 ed.), as amended; and

(b) Federal Register Vol. 91, no. 123, dated June 9, 2026 (91 FR 39054).

(2) Persons must consult the federal regulations in addition to Division 004 to determine all applicable coastal pelagic species fishing requirements. Where federal regulations refer to the fishery management area, that area is extended from shore to three nautical miles from shore coterminous with the Exclusive Economic Zone.

(3) The Commission may adopt additional or modified regulations that are more conservative than federal regulations, in which case Oregon Administrative Rule takes precedence. See OAR 635-004-0205 through 635-004-0235 and 635-004-0375 through 635-004-0545 for additions or modifications to federal coastal pelagic species regulations.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 506.109 & ORS 506.129
DFW 61-2026, amend filed 06/30/2026, effective 06/30/2026
DFW 84-2025, amend filed 09/17/2025, effective 09/17/2025
DFW 10-2025, temporary amend filed 02/06/2025, effective 02/06/2025 through 06/24/2025
DFW 9-2025, temporary suspends temporary DFW 108-2024, filed 02/04/2025, effective 02/04/2025 through 06/24/2025
DFW 108-2024, temporary amend filed 12/30/2024, effective 12/30/2024 through 06/24/2025
DFW 50-2024, temporary amend filed 06/26/2024, effective 07/01/2024 through 12/27/2024
DFW 56-2023, amend filed 06/28/2023, effective 06/28/2023
DFW 90-2022, amend filed 07/18/2022, effective 07/18/2022
DFW 86-2020, amend filed 07/10/2020, effective 07/11/2020
DFW 94-2019, amend filed 07/02/2019, effective 07/02/2019
DFW 78-2018, amend filed 06/26/2018, effective 06/26/2018
DFW 28-2018, amend filed 03/08/2018, effective 03/08/2018
DFW 154-2017, temporary amend filed 12/21/2017, effective 12/30/2017 through 06/27/2018
DFW 84-2017(Temp), f. & cert. ef. 7-3-17 thru 12-29-17
DFW 140-2016, f. & cert. ef. 10-27-16
DFW 84-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 11-30-16
Reverted to DFW 77-2015, f. & cert. ef. 6-29-15
DFW 77-2015, f. & cert. ef. 6-29-15
DFW 78-2015(Temp), f. & cert. ef. 6-29-15 thru 12-25-15
DFW 47-2015(Temp), f. 5-21-15, cert. ef. 5-27-15 thru 11-22-15
DFW 30-2015(Temp), f. 4-22-15, cert. ef. 4-25-15 thru 6-30-15
Reverted to DFW 114-2014, f. & cert. ef. 8-5-14
DFW 136-2014(Temp), f. 9-19-14, cert. ef. 9-20-14 thru 12-31-14
Suspended by DFW 129-2014(Temp), f. 9-10-14, cert. ef. 9-15-14 thru 9-30-14
DFW 114-2014, f. & cert. ef. 8-5-14
DFW 104-2014(Temp), f. 7-29-14, cert. ef. 8-1-14 thru 9-30-14
DFW 99-2014, f. 7-21-14, cert. ef. 7-22-14 thru 9-30-14
DFW 76-2014(Temp), f. 6-24-14, cert. ef. 6-25-14 thru 7-31-14
Reverted to DFW 58-2013, f. & cert. ef. 6-19-13
DFW 90-2013(Temp), f. 8-20-13, cert. ef. 8-22-13 thru 9-14-13
DFW 58-2013, f. & cert. ef. 6-19-13
Reverted to DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 110-2012(Temp), f. 8-21-12, cert. ef. 8-23-12 thru 9-14-12
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0376 Logbook Required

(1) The Department shall make available a logbook to each licensed commercial fishing vessel used to take any Coastal Pelagic Species with purse seine gear.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) For Coastal Pelagic Species fisheries requiring a Restricted Participation Permit, the permit holder and vessel operator are jointly responsible for complying with sections (2) through (4) of this rule.

(6) Information so received by the Department shall be considered confidential.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.765
DFW 77-2015, f. & cert. ef. 6-29-15
DFW 47-2015(Temp), f. 5-21-15, cert. ef. 5-27-15 thru 11-22-15

Or. Admin. R. 635-004-0377 Fishing Gear

(1) For vessels using purse seine gear to take any coastal pelagic species except market squid, a grate must be placed over the intake of the hold of the vessel to sort out larger species of fish. None of the openings between the bars in the grate may exceed 2-3/8 inches.

(2) It is unlawful for a receiving vessel to pump coastal pelagic species onboard directly from the pursed seine of a catching vessel unless fish so received make up no more than 20% of the weight of either vessel’s landing. The receiving vessel shall:

(a) Have lawfully deployed purse seine gear during the current calendar year and pumped resultant catch onboard the same vessel for delivery to a port of landing or fish dealer in Oregon;

(b) Possess onboard, in working order, legal seine gear capable of catching coastal pelagic species including but not limited to seine net, skiff, and pumping gear;

(c) Document the vessel that made the set, any other vessel pumping fish from the pursed seine, and information on catch and location in the logbook required under OAR 635-004-0376; and

(d) If the catching vessel is participating in the directed commercial sardine fishery (see OAR 635-004-0430), the receiving vessel must also hold a valid Sardine Permit pursuant to OAR 635-004-0385.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 69-2016, f. & cert. ef. 6-13-16

Or. Admin. R. 635-004-0378 Bycatch Restrictions

For vessels using purse seine gear to take any coastal pelagic specie, all groundfish and salmon, as defined by OAR 635-004-0215, must be returned to the water immediately. Every effort must be made to dipnet salmon out of the seine net before they go through a pump system.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 69-2016, f. & cert. ef. 6-13-16

Or. Admin. R. 635-004-0379 No Reduction Fishery Allowed

No more than 10%, by weight, of a coastal pelagic species landing may be used for the purposes of conversion into fish flour, fish meal, fish scrap, fertilizer, fish oil, other fishery products or by-products for purposes other than human consumption or fishing bait. Exceptions to this limit may be granted due to unforeseen circumstances with written authorization by the Director to avoid wastage of fish.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 69-2016, f. & cert. ef. 6-13-16

Or. Admin. R. 635-004-0380 Sardine Fishery Defined

“Sardine fishery” means the commercial fishery for Pacific sardine (Sardinops sagax) in the Pacific Ocean.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0385 Requirement for Sardine Permit

(1) It is unlawful to take, land or possess sardines from the Pacific Ocean without first obtaining a Sardine Permit issued pursuant to OAR 635-004-0390 through 635-004-0415. The Sardine Permit is not required for vessels to retain sardines as incidental catch in other fisheries.

(2) It is unlawful for a wholesaler, canner or buyer to buy or receive sardines taken in the sardine fishery from a vessel for which the permit required by section (1) of this rule has not been issued.

(3) The Department may issue not more than 26 permits required by section (1) of this rule.

(4) A Sardine Permit required by section (1) of this rule is in addition to and not in lieu of the commercial fishing and boat license required by ORS 508.235 and 508.260.

(5) No vessel may hold more than one Oregon Sardine Permit at any one time.

(6) Unless otherwise provided, Sardine Permits must be purchased by December 31 of the year the permit is sought for renewal.

(7) Applications for Sardine Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of a vessel may be required at the time of application.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0390 Sardine Permit Fee

(1) The annual fee for a Resident Sardine Permit is $125.00 (plus a $2.00 license agent fee) for applicants.

(2) The annual fee for a Nonresident Sardine Permit is $175.00 (plus a $2.00 license agent fee) for applicants.

(3) A fee of $100.00 shall be charged for each transfer of participation rights under OAR 635-004-0415.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 & Other SB 247 (2015)
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0395 Eligibility Requirements for a Sardine Permit

(1) An individual or entity is eligible to obtain a Sardine Permit required by OAR 635-004-0385:

(a) If issued a Sardine Permit under the Developmental Fisheries Program in 2005;

(b) Lawfully made landings of sardines into Oregon in 2003 and 2004; and

(A) At least 1,500 metric tons or 35 deliveries in any one year from 2000 through 2004; or

(B) A total of 100 deliveries of sardines into Oregon in 2000 through 2004.

(2) If the number of permits issued under section (1) of this rule is less than 20, enough permits to reach a total of 20 may be issued under section (3) of this rule to vessels in order of highest total number of deliveries during 2000-2004.

(3) An individual or entity is eligible to obtain a Sardine Permit under section (2) of this rule if the vessel for which applications is made:

(a) Was not issued a permit under section (1) of this rule; and

(b) Lawfully made landings of sardines into Oregon in 2003 and 2004; and

(A) At least 1,500 metric tons or 35 deliveries in any one year from 2000 through 2004; or

(B) A total of 100 deliveries of sardines into Oregon in 2000 through 2004.

(4) In addition to those Sardine Fishery Permits previously issued by the Department in calendar year 2006, the Department shall issue a Sardine Fishery Permit to any individual or entity, if that individual or entity held a legally qualified Oregon Developmental Fisheries Permit for Sardines on August 1, 2005, provided that neither the individual or entity has been previously issued an Oregon Sardine Fishery Permit in 2006.

(5) An individual or entity is eligible to obtain a Sardine Permit required by OAR 635-004-0385:

(a) By renewal of the previous year’s permit as specified in OAR 635-004-0405; or

(b) Through the lottery if a lottery is held in accordance with OAR 635-004-0410.

(6) In making determinations regarding issuance or renewal of a Sardine Permit, the Department and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements Department records and such receipts, accounts, contracts and other business records of private parties as the Department or the Board considers reliable evidence of the qualifications or requirements in question.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0400 Review of Denials — Sardine Permit

(1) An individual whose application for issuance, renewal or transfer of a Sardine Permit established pursuant to OAR 635-004-0385, 635-004-0405 and 635-004-0410 is denied may make written request to the Board for review of the denial. The review provided in this section is in lieu of any such review by the Department or the Commission. The request shall be in such form and shall contain such information as the Board considers appropriate.

(2) The Board shall review a denial of an application for renewal or request to transfer a Sardine Permit according to the applicable provisions of ORS chapter 183. Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to 183.500. The Board may waive requirements for renewal of Sardine Permits if the Board finds that strict adherence to these requirements were not met as a result of undue hardship as defined in OAR 635-004-0215.

(3) A party, including the Department, must petition for Board review of the hearing officer's proposed order within 30 days of service of the proposed order if the party wants to file an exception to the proposed order. A party must identify what parts of the proposed order it objects to, and refer to parts of the administrative record and legal authority supporting its position.

(4) The Board may delegate to the Department its authority to waive requirements for renewal of Sardine Permits in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(5) The sardine fishery requires a $125 non-refundable application fee for Board review. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0405 Renewal of Sardine Permit

(1) Sardine Permits may be renewed for the following year:

(a) By submitting a $125.00 fee for a resident permit or a $175.00 fee for a nonresident permit (plus a $2.00 license agent fee) and a complete application to the Department date-stamped or postmarked by December 31 of the year the permit is sought for renewal; and

(b) If all logbooks required under OAR 635-004-0420 were submitted.

(2) An application for renewal of a Sardine Permit shall be considered complete if it is legible, has all information requested in the form, and is accompanied by the required fee in full. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by December 31 of the permit year sought, the individual shall not be considered to have applied for renewal in a timely manner.

(3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application shall not be grounds for treating the application as having been filed in a timely and complete manner.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 & Other SB 247 (2015)
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 77-2015, f. & cert. ef. 6-29-15
DFW 47-2015(Temp), f. 5-21-15, cert. ef. 5-27-15 thru 11-22-15
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0410 Lottery for Limited Entry Sardine Permits

(1) If the number of Sardine Permits issued in accordance with OAR 635-004-0385 falls below 24, the Department in the next succeeding calendar year may issue Sardine Permits by a lottery system. However, as a result of such a lottery, the total number of Sardine Permits issued may not exceed 26.

(2) Each applicant for a permit lottery shall complete the application form prescribed by the Department.

(3) Application for vessel permits shall only be accepted for vessels, which, in the judgment of the Department, are capable of operating the gear necessary to legally participate in the fishery. Vessels of a size or design incapable of harvesting the permitted species are not eligible for the lottery.

(4) Only one application per vessel may be submitted for each permit fishery lottery.

(5) Any application which is not legible, has incomplete information, or is postmarked after the deadline shall not be entered in the lottery. Applications for all permits will be accepted at the Salem headquarters office of the Department, and shall be postmarked or date stamped no later than March 31 of the year for which the permit is issued.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0415 Transferability of Sardine Permits

(1) Any transfer of a Sardine Permit away from a vessel without the written consent of each person holding a security interest in such vessel is void.

(2) Sardine Permits are transferable up to two times in one calendar year.

(3) Applications to transfer a Sardine Permit shall only be accepted to vessels, which in the judgment of the Department, are capable of operating the gear necessary to legally participate in the fishery. Vessels of a size or design incapable of harvesting sardines are not eligible for transfer.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0430 Sardine Catching Vessel

(1) Only a sardine catching vessel may pump fish onboard, directly from the pursed seine of another sardine catching vessel, and lawfully land that catch.

(2) For the purposes of this rule, “Sardine catching vessel” means a vessel holding a valid Sardine Permit pursuant to OAR 635-004-0385 that lawfully deployed purse seine gear during the current year and pumped resultant catch onboard the same vessel for delivery to a port of landing or fish dealer.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 69-2016, f. & cert. ef. 6-13-16
DFW 77-2015, f. & cert. ef. 6-29-15
DFW 47-2015(Temp), f. 5-21-15, cert. ef. 5-27-15 thru 11-22-15
Renumbered from 635-004-0012, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 38-2009, f. & cert. ef. 4-22-09

Or. Admin. R. 635-004-0445 Inland Waters Herring Fishery Defined

“Inland waters herring fishery” means the commercial fishery for Pacific herring (Clupea harengus pallasi) in bays and estuaries.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0450 Inland Waters Herring Season

The following are season restrictions for the commercial taking of herring in inland waters:

(1) In all inland waters except Yaquina Bay, herring taken during the period January 1 through April 15 may only be sold for use as bait.

(2) In Yaquina Bay, herring may be taken for roe January 1 through April 15 pursuant to OAR 635-004-0455 through 635-004-0505.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
Renumbered from 635-004-0027, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 2-2012(Temp), f. & cert. ef. 1-9-12 thru 4-15-12
DFW 153-2009(Temp), f. 12-23-09, cert. ef. 1-1-10 thru 4-15-10
DFW 153-2008(Temp), f. 12-29-08, cert. ef. 1-1-09 thru 4-15-09
DFW 133-2007(Temp), f. 12-26-07, cert. ef. 1-1-08 thru 4-15-08
DFW 132-2006(Temp), f. 12-20-06, cert. ef. 1-1-07 thru 4-15-07
DFW 143-2005(Temp), f. 12-16-05, cert. ef. 1-1-06 thru 4-15-06
DFW 119-2004(Temp), f. 12-13-04, cert. ef. 1-1-05 thru 4-15-05
DFW 124-2004(Temp), f. 12-10-03, cert. ef. 1-1-04 thru 4-15-04
DFW 112-2003, f. & cert. ef. 11-14-03
DFW 11-2003, f. & cert. ef. 2-10-03
FWC 14-1997(Temp), f. & cert. ef. 3-10-97
FWC 10-1996(Temp), f. & cert. ef. 3-5-96
FWC 21-1995(Temp), f. 3-7-95, cert. ef. 3-8-95
FWC 13-1991(Temp), f. & cert. ef. 2-22-91
FWC 18-1990(Temp), f. 2-23-90, cert. ef. 2-24-90
FWC 6-1989(Temp), f. 2-15-89, cert. ef. 2-16-89
FWC 5-1986(Temp), f. & cert. ef. 2-11-86
FWC 9-1985(Temp), f. & cert. ef. 2-20-85
FWC 29-1984, f. & cert. ef. 7-3-84
FWC 8-1984(Temp), f. & cert. ef. 3-5-84
FWC 8-1983(Temp), f. & ef. 2-15-83
FWC 4-1983, f. 1-28-83, cert. ef. 2-1-83
FWC 67-1980, f. & cert. ef. 12-3-80
FWC 50-1979, f. & cert. ef. 11-1-79

Or. Admin. R. 635-004-0455 Yaquina Bay Roe-Herring Fishery Defined

“Yaquina Bay Roe-Herring fishery” means the commercial fishery for Pacific herring (Clupea harengus pallasi) open annually between January 1 and April 15 in Yaquina Bay.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0460 Requirement for Yaquina Bay Roe-Herring Permit

(1) It is unlawful to take, land or possess herring in the Yaquina Bay roe-herring fishery without first obtaining a Yaquina Bay Roe-Herring Permit issued pursuant to OAR 635-004-0465 through 635-004-0495.

(2) It is unlawful for a wholesaler, canner or buyer to buy or receive herring taken in the Yaquina Bay roe-herring fishery from a vessel for which the permit required by section (1) of this section has not been issued.

(3) A Yaquina Bay Roe-Herring Permit required by section (1) of this rule is in addition to and not in lieu of the commercial fishing and boat license required by ORS 508.235 and 508.260.

(4) No vessel may hold more than one Yaquina Bay Roe-Herring Permit at any one time.

(5) No individual may hold more than one Yaquina Bay Roe-Herring Permit at any one time.

(6) Unless otherwise provided, Yaquina Bay Roe-Herring Permits must be purchased by December 31 of the year the permit is sought for renewal.

(7) Applications for Yaquina Bay Roe-Herring Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of a vessel may be required at the time of application.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0470 Eligibility Requirements for a Yaquina Bay Roe-Herring Permit

(1) Individuals must meet eligibility requirements for a Yaquina Bay Roe-Herring Permit found in these rules.

(2) An individual licensed under ORS 508.235 is eligible to obtain a Yaquina Bay Roe-Herring Permit required by OAR 635-005-0460:

(a) By renewal of the previous year’s permit as specified in OAR 635-004-0485; or

(b) Through the lottery if a lottery is held in accordance with OAR 635-004-0490.

(3) In making determinations regarding issuance or renewal of a Yaquina Bay Roe-Herring Permit, the Department and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements Department records and such receipts, accounts, contracts and other business records of private parties as the Department or the Board considers reliable evidence of the qualifications or requirements in question.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0475 Revocation and Refusal to Issue Permits

The Commission may revoke and refuse subsequent issuance of a Yaquina Bay Roe-Herring Permit pursuant to ORS 508.485 and 508.490.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.765
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0480 Review of Denials

(1) An individual whose application for issuance, renewal or transfer of a Yaquina Bay Roe-Herring Permit established pursuant to OAR 635-004-0460, 635-004-0485 and 635-004-0495 is denied may make written request to the Board for review of the denial. The procedure for requesting review and the applicable standard of review of denial for a Yaquina Bay Roe-Herring Permit shall be as provided in ORS 508.765.

(2) For the Yaquina Bay roe-herring fishery, the Board may waive renewal requirements for permits if the Board finds that:

(a) The individual for personal or economic reasons chose to actively commercially fish the permit vessel in some other ocean fishery during the roe-herring season; or

(b) Strict adherence to requirements were not met as a result of undue hardship as defined in OAR 635-004-0215.

(3) The Board may delegate to the Department its authority to waive requirements for renewal of Yaquina Bay Roe-Herring Permits in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(4) The Yaquina Bay roe-herring fishery requires a $125 non-refundable application fee for Board review. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee.

(5) Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to 183.550.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.765
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0485 Renewal of Yaquina Bay Roe-Herring Permit

(1) Yaquina Bay Roe-Herring Permits may be renewed pursuant to ORS 508.765.

(2) An application for renewal of a Yaquina Bay Roe-Herring Permit shall be considered complete if it is legible, has all information requested in the form, is accompanied by the required fee in full, and is date-stamped or postmarked by December 31 of the year the permit is sought for renewal. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by December 31 of the permit year sought, the individual shall not be considered to have applied for renewal in a timely manner.

(3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application may not be grounds for treating the application as having been filed in a timely and complete manner.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 508.765
DFW 115-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 99-2025, temporary amend filed 10/07/2025, effective 10/15/2025 through 12/31/2025
DFW 32-2013, f. & cert. ef. 5-14-13
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0490 Lottery for Limited Entry Yaquina Bay Roe-Herring Permits

(1) If the number of Yaquina Bay Roe-Herring Permits issued in accordance with OAR 635-004-0460 falls below six, the Department in the next succeeding calendar year may issue Yaquina Bay Roe-Herring Permits by a lottery system. However, as a result of any such lottery, the total number of Yaquina Bay Roe-Herring Permits issued may not exceed six;

(2) Each applicant for a permit lottery shall complete the application form prescribed by the Department.

(4) Only one application per vessel may be submitted for each permit fishery lottery.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.765
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0495 Transferability of Yaquina Bay Roe-Herring Permits

(1) Any transfer of a Yaquina Bay Roe-Herring Permit without the written consent of each person holding a security interest in such permit is void.

(2) A Yaquina Bay Roe-Herring Permit is transferable to:

(a) A replacement vessel of the permit holder; or, upon request of a permit holder, the Department may authorize transfer of a permit to a replacement vessel owned by an individual other than the permit holder. “Replacement vessel” means a vessel purchased to replace a permitted vessel which had been lost due to fire, capsizing, sinking or other event;

(b) The purchaser of the vessel when the vessel is sold.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.765
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0505 Roe-Herring Season and Harvest Limit

(1) The open season for the taking of herring for roe in Yaquina Bay is January 1 through April 15.

(2) The yearly commercial harvest cap for the Yaquina Bay commercial roe herring fishery shall not exceed 20% of the available spawning biomass as established in the Yaquina River Basin Fish Management Operating Principles and Objectives 635-500-0665(2). The available spawning biomass shall be determined by the ODFW Fish Division’s Marine Resources Program. Only fishers with a limited entry permit issued pursuant to ORS 508.765 may participate in this fishery.

(3) The factor used to convert an equivalent amount of “whole fish” resource in the Yaquina Bay commercial roe herring fishery during the period of January 1 through April 15 to the equivalent amount of herring eggs on kelp fishery is 0.2237.

(4) During the period January 1 through April 15 it is unlawful to:

(a) Fish commercially from midnight Friday through midnight Sunday with nets; and

(b) Use any fishing gear or method of harvest for the taking of herring other than: a purse seine with a maximum length of 50 fathoms (300 feet), defined as the maximum distance from the first to last pursing rings on the purse line; lampara net; hook and line; or eggs-on-kelp method.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
Reverted to DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 7-2015(Temp), f. & cert. ef. 1-16-15 thru 4-15-15
Reverted to DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 134-2013(Temp), f. 12-11-13, cert. ef. 1-1-14 thru 4-15-14
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0510 Fishery Pacific Ocean Herring Defined

“Pacific Ocean herring fishery” means the commercial fishery for Pacific herring (Clupea harengus pallasi) in the Pacific Ocean.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0515 Pacific Ocean Herring Season

There is no closed season for the commercial taking of herring in the Pacific Ocean.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
Renumbered from 635-004-0026, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 50-1979, f. & ef. 11-1-79

Or. Admin. R. 635-004-0525 Anchovy Fishery Defined

“Anchovy fishery” means the commercial fishery for Northern anchovy (Engraulis mordax) in the Pacific Ocean, the Columbia River and the bays and estuaries outlined in OAR 635-004-0530(1).

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0530 Inland Waters Anchovy Fishery

(1) Anchovies may be harvested by commercial vessels in Tillamook, Yaquina, Winchester, and Coos Bays to be used as live bait in commercial fishing operations by the catching vessel from July 1 through October 31.

(2) Any vessel engaged in the commercial taking of anchovies must obtain a boat license or commercial bait fishing license as required by ORS 508.260 and ORS 508.312.

(3) Any person engaged in or assisting in the taking of anchovies from the waters of this state must possess a commercial fishing license or bait fishing license as required by ORS 508.235 and ORS 508.312.

(4) It is unlawful to use any fishing gear or method of harvest for the taking of anchovy other than:

(a) Purse seine with a maximum length of 50 fathoms (300 feet), defined as the maximum distance from the first to last pursing rings on the purse line;

(b) Lampara net; or

(5) All species other than anchovies, taken in operation of gear authorized by this rule, must be returned to the water immediately unharmed.

(6) Fishers intending to fish as described above must notify Oregon State Police 12 hours prior to fishing by calling 1-800-452-7888. Notification shall include vessel name and number, fishing location, and estimated time of activity.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-004-0042, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 91-2009, f. & cert. ef. 8-10-09
DFW 46-2009(Temp), f. 5-6-09, cert. ef. 6-1-09 thru 11-1-09

Or. Admin. R. 635-004-0540 Smelt Fishery Defined

“Smelt fishery” means the commercial fishery for all species in the family Osmeridae in the Pacific Ocean and Columbia River.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0545 Smelt Fishery Prohibitions

(1) Smelt may be taken for commercial purposes from the Columbia River described in OAR 635-042-0130.

(2) The targeted take of smelt for commercial purposes is prohibited at all times.

(3) Incidentally caught smelt may be landed by vessels targeting other commercial species in the Pacific Ocean, and shall not exceed 1% of landing by weight.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
Renumbered from 635-004-0070, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 157-2010, f. 12-6-10, cert. ef. 1-1-11
DFW 156-2009, f. 12-29-09, cert. ef. 1-1-10
FWC 83-1985, f. 12-17-85, cert. ef. 12-18-85
FWC 16-1979, f. & cert. ef. 4-27-79, Renumbered from 635-036-0140
FC 290-1975, f. 2-20-75, ef. 3-11-75, Renumbered from 625-0100-210
FC 241-1972, f. 4-5-72, cert. ef. 4-15-72

Or. Admin. R. 635-004-0550 Organization of Highly Migratory Species Rules

Administrative rules contained in OAR 635-004-0555 shall apply to all fisheries in the Highly Migratory Species Section, and are in addition to and not in lieu of Division 004 General Regulations contained in OAR 635-004-0200 through OAR 635-004-0265. The Highly Migratory Species Section includes regulations for the Albacore Tuna Fishery.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0555 Scope, Inclusion, and Modification of Rules

(1) The commercial highly migratory species fishery in the Pacific Ocean off Oregon is jointly managed by the state of Oregon and the federal government through the Pacific Fishery Management Council process. The Code of Federal Regulations provides federal requirements for this fishery, including but not limited to the time, place, and manner of taking highly migratory species. However, additional regulations may be promulgated subsequently by publication in the Federal Register, and these supersede, to the extent of any inconsistency, the Code of Federal Regulations. Therefore, the following publications are incorporated into Oregon Administrative Rule by reference:

(a) Code of Federal Regulations, Part 660, Subpart K, (October 1, 2011 ed.); and

(b) Federal Register Vol. 76, No. 177, dated September 13, 2011 (76 FR 56327).

(2) Persons must consult the federal regulations in addition to Division 004 to determine all applicable highly migratory species fishing requirements. The area that federal regulations apply to is hereby extended to the area from shore to three nautical miles from shore, coterminous with the Exclusive Economic Zone.

(3) The Commission may adopt additional or modified regulations that are more conservative than federal regulations, in which case Oregon Administrative Rule takes precedence. See OAR 635-004-0205 through 635-004-0235 and 635-004-0560 through 635-004-0570 for additions or modifications to federal highly migratory species regulations.

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

History

Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
DFW 69-2016, f. & cert. ef. 6-13-16
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0560 Albacore Tuna Fishery Defined

“Albacore tuna fishery” means the commercial fishery for albacore tuna (Thunnus alalunga) in the Pacific Ocean.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0570 Exemption to Far Offshore Fishery Restriction

Albacore tuna vessel operators are exempt from Far Offshore Fishery regulations pursuant to OAR 635-004-0240 through 635-004-0265 for fishing for or landing albacore tuna only.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0575 Organization of Other Finfish Rules

The Other Finfish Section includes regulations for Halibut, Coastal Rivers Shad, Hagfish, Sturgeon, Surfperch, Minor Finfish and Intertidal Animal Fisheries.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0580 Pacific Halibut Fishery Defined

“Halibut fishery” means the commercial fishery for Pacific halibut (Hippoglossus stenolepis) in the Pacific Ocean.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0585 Temporary rule language in effect until 12/18/2026. Scope, Inclusion, and Modification of Pacific Halibut Fishery Rules

(1) The commercial Pacific halibut fishery in the Pacific Ocean off Oregon is jointly managed by the state of Oregon, the federal government, and the International Pacific Halibut Commission (IPHC). The Code of Federal Regulations provides federal requirements for this fishery, including but not limited to the time, place, and manner of taking Pacific halibut. However, additional federal regulations may be promulgated subsequently by publication in the Federal Register, and Page 1 of 3 these supersede, to the extent of any inconsistency, the Code of Federal Regulations. Therefore, the following publications are incorporated into Oregon Administrative Rule by reference:

(a) Code of Federal Regulations, Part 300, Subpart E (October 1, 2025 ed.), as amended;

(b) Federal Register Vol. 91, No. 57, dated Wednesday, March 25, 2026 (91 FR 14464);

(d) Federal Register Vol. 91, No. 137, dated Monday, July 20, 2026 (91 FR 45224);

(e) Federal Register Vol. 91, No. 150, dated Thursday, August 6, 2026 (91 FR 50726); and

(f) Federal Register Vol 91, No. 166, dated Friday, August 28, 2026 (91 FR 55497)

(2) Persons must consult the federal regulations in addition to Division 004 to determine all applicable Pacific halibut fishing requirements. The area that federal regulations apply to is hereby extended to the area from shore to three nautical miles from shore, coterminous with the Exclusive Economic Zone.

(3) The Commission may adopt additional or modified regulations that are more conservative than federal regulations, in which case Oregon Administrative Rule takes precedence.

(4) It is unlawful to take Pacific halibut for commercial purposes except as set by federal regulations and the IPHC and in accordance with a valid permit issued by the IPHC.

History

Statutory/Other Authority: ORS 496.138, ORS 496.162, ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.109 & ORS 496.012
DFW 90-2026, temporary amend filed 08/28/2026, effective 09/01/2026 through 12/18/2026
DFW 79-2026, temporary amend filed 08/06/2026, effective 08/18/2026 through 12/18/2026
DFW 68-2026, temporary amend filed 07/20/2026, effective 07/21/2026 through 12/18/2026
DFW 59-2026, temporary amend filed 06/18/2026, effective 06/23/2026 through 12/18/2026
DFW 33-2026, amend filed 04/27/2026, effective 04/27/2026
DFW 58-2025, temporary amend filed 07/22/2025, effective 07/22/2025 through 11/30/2025
DFW 48-2025, temporary amend filed 06/25/2025, effective 06/25/2025 through 11/30/2025
DFW 32-2025, amend filed 04/22/2025, effective 04/22/2025
DFW 28-2024, amend filed 04/23/2024, effective 04/23/2024
DFW 35-2023, amend filed 04/24/2023, effective 04/24/2023
DFW 46-2022, amend filed 05/10/2022, effective 05/10/2022
DFW 78-2021, minor correction filed 06/16/2021, effective 06/16/2021
DFW 51-2021, amend filed 04/23/2021, effective 04/24/2021
DFW 54-2020, temporary amend filed 05/07/2020, effective 05/07/2020 through 10/25/2020
DFW 51-2019, amend filed 04/30/2019, effective 04/30/2019
DFW 73-2018, amend filed 06/20/2018, effective 06/20/2018
DFW 46-2017, f. & cert. ef. 4-24-17
DFW 35-2016, f. & cert. ef. 4-26-16
DFW 34-2015, f. & cert. ef. 4-28-15
DFW 36-2014, f. 4-29-14, cert. ef. 5-1-14
DFW 32-2013, f. & cert. ef. 5-14-13
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0590 Coastal Rivers Shad Fishery Defined

“Coastal rivers shad fishery” means the commercial fishery for American shad (Alosa sapidissima) in the bays and rivers specified in OAR 635-004-0595.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0595 Closed Coastal Rivers Shad Season

(1) It is unlawful to take shad for commercial purposes from the inland waters of this state other than:

(a) The Columbia River as provided in OAR 635-042-0105 through 635-042-0110.

(b) The Coquille, Siuslaw, Umpqua and Smith Rivers from 6 a.m. May 10 to 6 a.m. July 1 of each year in the area not otherwise closed by ORS 511.506.

(2) Shad eight inches or less in length may be taken for commercial purposes incidentally in the Inland Waters herring baitfish fishery when legally seining for herring as defined in OAR-635-004-0450.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 112-2003, f. & cert. ef. 11-14-03, Renumbered from 635-036-0300
FWC 77-1984, f. 11-28-84, cert. ef. 12-1-84, Renumbered from 635-004-0055
FC 275-1974, f. 4-19-74, cert. ef. 5-11-74, Renumbered from 625-010-0615
FC 275-1974(Temp), f. & cert ef. 4-19-74, Renumbered from 625-010-0615, 635-036-0300
FC 272-1974, f. 3-20-74, cert. ef. 4-11-74
FC 241-1972, f. 4-5-72, cert. ef. 4-15-72

Or. Admin. R. 635-004-0600 Coastal Rivers Shad Fishing Gear

(1) It is unlawful to take shad for commercial purposes by any means other than:

(a) Gillnets or set nets of a mesh size not less than five inches nor more than 6-1/2 inches in the Coquille and Siuslaw Rivers;

(b) Gillnets having a mesh size of not less than six inches nor more than 6-3/4 inches in the Umpqua River; and

(2) It is unlawful for a gillnet in whole or in part to be anchored, tied, staked, fixed, or attached to the bottom, shore, or a beached vessel; left unattended at any time it is in operation; attended by more than one vessel while being fished; or for more than one gillnet to be fished from a licensed commercial fishing vessel at any one time.

(3) There shall be sufficient buoyancy in the corks and/or floats on the cork line of any gillnet so that said net shall be free to drift with the current. None of the lines used thereon shall be of metal or of any metallic substance or material. The lead or weight on the lead line of any gillnet shall not exceed two pounds in total weight on any one fathom, measurement to be taken along the cork line of said net. However, should extra or additional weight appear necessary or make practical the operation of any such net, permission to use in excess of two pounds-weight per fathom of net may be granted by the Commission to any duly licensed gillnet fisher upon written application which includes an adequate justification for the additional leads or weights of any kind attached to any part of such net except as herein provided.

(4) Before a fisher may fish a set net at any one location, the fisher must first register the site by providing a written description of the site location to the Department of Fish and Wildlife, Southwest Regional Office, 4192 N. Umpqua Highway, Roseburg, OR 97470.

(5) It is unlawful for a:

(a) Set net or gillnet to be used which is constructed of material having a breaking strength greater than ten pounds pull on any single mesh;

(b) Set net to be used which exceeds 300 feet in length;

(c) Set net or any part or portion thereof to be set or operated within a distance of 150 feet from any other set net or any part or portion thereof including the monument or marker to which attached;

(d) Set net to be set or operated in such a manner that the portion of the set net at right angles to the thread of the bay or river is at any time longer than one-third the measured distance across the bay or river. This distance to be measured from bank to bank at mean low water;

(e) Commercial fisher to register and operate more than six set net sites at any one time;

(f) Commercial fisher to fish a set net at a site which the fisher has not registered with the Department;

(g) Commercial fisher to fish a set net at a site which is not clearly marked with his or her commercial fishing license number on a substantial post or monument created for that purpose on the bank of the river or upon a buoy securely anchored on the site location.

(6) The size of mesh of any gillnet or set net is determined by placing any three meshes of such net, while wet from soaking in water for not less than an hour, under ten pounds vertical tension and then measuring while under such tension the distance between the inside of the knot of the middle mesh to the outside of the opposite vertical knot of the middle mesh.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-004-0060, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
FWC 50-1989, f. 7-28-89, cert. ef. 7-31-89
FWC 8-1985(Temp), f. & cert. ef. 2-19-85
FWC 77-1984, f. 11-28-84, cert. ef. 12-1-84
FWC 27-1980, f. & cert. ef. 6-23-80
FWC 91-1977, f. 2-23-77, cert. ef. 3-1-77, Renumbered from 625-010-0620, 635-036-0305
FC 287-1974, f. 11-27-74, cert. ef. 12-25-74
FC 272-1974, f. 3-20-74, cert. ef. 4-11-74
FC 241-1972, f. 4-5-72, cert. ef. 4-15-72

Or. Admin. R. 635-004-0605 Incidental Catch of Salmon and Striped Bass

(1) It is unlawful to possess any salmon or striped bass taken as an incidental catch under OAR 635-004-0590 through 635-004-0600.

(2) Any person fishing with a gill net or setnet for shad under OAR 635-004-0590 through 635-004-0600 who upon lifting, drawing, taking up, or removing any such net from the water finds salmon or striped bass entangled or caught therein must immediately and carefully release and return the salmon or striped bass to the water.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-004-0065, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 28-1988(Temp), f. & cert. ef. 4-29-88
FWC 77-1984, f. 11-28-84, ef. 12-1-84
FWC 52-1976, f. & cert. ef. 3-26-76, Renumbered from 625-010-0625, 635-036-0310
FC 272-1974, f. 3-20-74, cert. ef. 4-11-74
FC 241-1972, f. 4-5-72, cert. ef. 4-15-72

Or. Admin. R. 635-004-0610 Hagfish Fishery Defined

“Hagfish fishery” means the commercial fishery for Pacific hagfish (Eptatretus stoutii) and Black hagfish (Eptatretus deani) in the Pacific Ocean.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0615 Pacific Hagfish Harvest Guideline

When landed annual catch approaches 1.6 million pounds of Pacific Hagfish, the Department Marine Resources Program will hold a public meeting to evaluate the fishery.

History

Statutory/Other Authority: ORS 496.138, 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 469.162, 506.109 & 506.129
Renumbered from 635-004-0066, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 156-2009, f. 12-29-09, cert. ef. 1-1-10

Or. Admin. R. 635-004-0620 Hagfish Fishing Gear

(1) It is unlawful for a single commercial fishing vessel to possess, use, control or operate more than 200 hagfish pots. Pots may be fished individually or on common ground line.

(2) Pot gear used for hagfish shall include a biodegradable escape exit of at least three inches in diameter constructed with 120 thread size or smaller, untreated cotton twine or mild steel not to exceed 1/4-inch (six mm) in diameter or other materials approved by the Director.

(3) All other species of finfish and shellfish caught in hagfish pots authorized under this rule must be returned immediately to the water.

History

Statutory/Other Authority: ORS 496.138, 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 469.162, 506.109, 506.129 & 506.306
Renumbered from 635-004-0068, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 156-2009, f. 12-29-09, cert. ef. 1-1-10

Or. Admin. R. 635-004-0625 Logbook Required — Hagfish

(1) The Department shall make available a logbook to each commercial fishing vessel licensed to harvest hagfish.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0630 Sturgeon Fishery Defined

“Sturgeon fishery” means the commercial fishery for white sturgeon (Acipenser transmontanus) in the areas outlined in OAR 635-004-0635.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0635 Sturgeon Fishery Closures

(1) It is unlawful to take, land or possess white sturgeon (Acipenser transmontanus) for commercial purposes except in the:

(a) Columbia River, in the areas and during the times open to the taking of sturgeon for commercial purposes as provided in OAR 635-042-0135;

(b) Coquille and Siuslaw, in the areas and during the times open to the taking of shad for commercial purposes as provided in OAR 635-004-0595; and

(2) It is unlawful to take, land or possess green sturgeon (Acipenser medirostris) for commercial purposes.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 506.306
Renumbered from 635-004-0080, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 155-2009, f. 12-28-09, cert. ef. 1-1-10
FWC 23-1995, f. 3-29-95, cert. ef. 4-1-95
FWC 1-1981, f. & cert. ef. 1-19-81
FC 241-1972, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0120, 635-036-0110

Or. Admin. R. 635-004-0640 Sturgeon Fishing Gear

It is unlawful to take sturgeon for commercial purposes by any means other than the commercial fishing gear authorized in the fishing area in which the sturgeon are taken, except setlines are permitted in the Columbia River.

History

Statutory/Other Authority: ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 506.306
Renumbered from 635-004-0085, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
FC 241-1972, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0125, 635-036-0115

Or. Admin. R. 635-004-0645 Sturgeon Size Limit

(1) Except as provided in OAR 635-007-0700 through 635-007-0720 it is unlawful to:

(a) Take from the waters of this state or to land sturgeon for commercial purposes less than 43 inches or more than 54 inches in fork length;

(b) Remove the head or tail of any sturgeon taken from the waters of this state or landed for commercial purposes prior to being received at the premises of a wholesale fish dealer or canner; or

(c) To possess, sell, or transport any whole sturgeon under four feet in length taken for commercial purposes in the waters of this state or the Pacific Ocean. Proof of possession, sale, or transportation of any dressed sturgeon under 28 inches in length exclusive of head and tail shall in itself create a permissible inference that the dressed sturgeon was under 43 inches in fork length at the time it was taken.

(2) Any person fishing with commercial fishing gear in the waters of this state who, on lifting, drawing, taking up or removing any such gear finds sturgeon entangled or caught therein which are not within the legal length limits set forth in subsection (1)(a) of this rule or during a season not open for sturgeon, shall immediately, with care and the least possible injury to the fish, disentangle, release and transfer the fish to the water without violence.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-004-0090, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 39-2009, f. & cert. ef. 4-27-09
DFW 157-2008(Temp), f. 12-31-08, cert. ef. 1-1-09 thru 6-29-09
DFW 5-2006, f. & cert. ef. 2-15-06
DFW 144-2005(Temp), f. 12-20-05, cert. ef. 1-1-06 thru 3-31-06
DFW 1-1998, f. & cert. ef. 1-9-98
FWC 23-1995, f. 3-29-95, cert. ef. 4-1-95
FWC 9-1994, f. 2-14-94, cert. ef. 2-15-94
FWC 33-1988, f. & cert. ef. 5-24-88
FWC 39-1981, f. 10-30-81, ef. 1-1-81
FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 635-036-0120

Or. Admin. R. 635-004-0650 Surfperch Fishery Defined

“Surfperch fishery” means the commercial fisheries for calico surfperch (Amphistichus koelzi); redtail surfperch (A. rhodoterus); kelp perch (Brachyistius frenatus); shiner perch (Cymatogaster aggregata); striped seaperch (Embiotoca lateralis); spotfin surfperch (Hyperprosopon anale); walleye surfperch (H. argenteum); silver surfperch (H. ellipticum); white seaperch (Phanerodon furcatus); and pile perch (Rhacophilus vacca) in the Pacific Ocean.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 38-2023, minor correction filed 05/10/2023, effective 05/10/2023
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0655 Closed Surfperch Season

It is unlawful to take surfperch for commercial purposes from the Pacific Ocean from August 1 through September 30.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 39-2023, minor correction filed 05/10/2023, effective 05/10/2023
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0660 Minor Finfish Fishery Defined

“Minor finfish fisheries” means the commercial fisheries for the species listed in OAR 635-004-0665.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0665 Minor Finfish Species

(1) The following list of species is recognized by the Department as minor finfish species:

(a) Blue shark (Prionace glauca);

(b) Eelpouts (family Zoarcidae);

(d) Pacific sandfish (Trichodon trichodon);

(e) Salmon shark (Lamna ditropis);

(f) Skilfish (Erilepis zonifer);

(g) Slender sole (Eopsetta exilis);

(h) Walleye pollock (Theragra chalcogramma); and

(i) Wolf-eel (Anarrhichthys ocellatus).

(2) It is unlawful to take, land or possess any of the species listed in section (1) of this rule without the proper licenses and permits described in ORS 508.025 through 508.312.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0670 Logbook Required — Minor Finfish Fishery

(1) The Department shall make available a logbook to each commercial fishing vessel licensed to harvest any minor finfish species included in OAR 635-004-0665.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

(6) Those species listed in OAR 635-004-0665 are exempt from the logbook requirements of this rule when taken as a ‘weighback species,’ pursuant to OAR 635-006-0210.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0675 Intertidal Animal Fishery Defined

“Intertidal Animal Fishery” means the commercial fisheries for animals living intertidally on the bottom.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0680 Commercial Shellfish and Intertidal Animal Permit Required

(1) It is unlawful to take, land or possess animals living intertidally on the bottom for commercial purposes without first obtaining a Commercial Shellfish And Intertidal Animal Permit issued by the Department pursuant to OAR 635-005-0245.

(2) The Commercial Shellfish And Intertidal Animal Permit is in addition to, and not in lieu of a commercial fishing license, bait fishing license or boat license required by ORS 508.235, 508.312 and 508.260.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129, 506.306 & 508.116
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0685 Commercial Shellfish and Intertidal Animal Permit Fee

The annual fee for the Commercial Shellfish And Intertidal Animal Harvest Permit is set pursuant to ORS 508.116.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 508.116
DFW 117-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 99-2025, temporary amend filed 10/07/2025, effective 10/15/2025 through 12/31/2025
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-004-0690 Logbook Required — Commercial Shellfish and Intertidal Animal

(1) The Department shall make available a logbook to each licensed commercial fisher who holds a valid Commercial Shellfish And Intertidal Animal Permit.

(2) Each permit holder is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Division 5 COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES

Or. Admin. R. 635-005-0225 Organization

(1) This Division is organized into the following major shellfish and invertebrate fishery sections:

(a) Clam and Intertidal Section, including the following fisheries:

(A) Marine Snail and Abalone Fishery;

(B) Piddock Fishery;

(D) Intertidal Animal, Mussel and Clam Commercial Fisheries.

(b) Crab Section, including the following fisheries:

(A) Ocean Dungeness Crab Fishery;

(B) Bay and Estuary Dungeness Crab Fishery; and

(A) Pink Shrimp Fishery;

(B) Spot and Coonstripe Shrimp Fisheries; and

(d) Other Shellfish and Marine Invertebrates Section, including the following fisheries:

(A) Weathervane Scallop Fishery;

(B) Sea Urchin Fishery;

(D) Shellfish Aquaculture Fishery;

(E) Squid Fishery; and

(F) Octopus Fishery.

(2) Administrative rules OAR 635-005-0230 through 635-004-0275 are general regulations, in addition to and not in lieu of regulations contained within the fishery sections listed in section (1) of this rule.

(3) Finfish fishery regulations are located in OAR chapter 635, division 004.

History

Statutory/Other Authority: ORS 506.036, ORS 506.119, ORS 506.109 & ORS 506.129
Statutes/Other Implemented: ORS 506.109 & ORS 506.129
DFW 17-2022, amend filed 02/25/2022, effective 02/25/2022
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0230 Licensing Requirements

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129, 508.025, 508.235, 508.260, 508.300, 508.306 & 508.312
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0235 Authority of Enforcement in Fishery Conservation Zone and Exclusive Economic Zone

(1) Pursuant to ORS 506.750 through 506.755, regulations including but not limited to inspection of catch, methods fishing, gear restrictions, seasons, closures and restricted areas are applicable in the Fishery Conservation Zone (0-50 miles offshore of Oregon), and federal commercial fishing regulations are applicable in the Exclusive Economic Zone (3-200 miles offshore of the United States).

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119, 506.129 & 506.755
Statutes/Other Implemented: ORS 506.109, 506.129, 506.501, 506.511, 506.521, 506.750 & 506.755
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0240 Definitions

As used in Division 005 regulations:

(2) “Bait” means food fish not harvested for human consumption.

(3) “Board” means the Commercial Fishery Permit Board.

(4) “Buy” includes offer to buy, barter, exchange or trade.

(5) “Catastrophic loss” means direct loss of non-deployed gear in the event of a vessel being destroyed due to fire, capsizing, or sinking. Documentation of a catastrophic loss may include any information the Department considers appropriate, such as fire department or US Coast Guard reports.

(6) “Commercial landing cap” means the total landed catch of a given species, or species group, that may be taken in a single calendar year in Oregon commercial fisheries.

(7) “Commercial purposes” means taking food fish with any gear unlawful for angling or taking or possessing food fish in excess of the limits permitted for personal use, or taking, fishing for, handling, processing, or otherwise disposing of or dealing in food fish with the intent of disposing of such food fish or parts thereof for profit, or by sale, barter or trade, in commercial channels, as specified in ORS 506.006.

(8) “Commission” means the State Fish and Wildlife Commission created by ORS 496.090.

(9) “Crab pot” means any portable, enclosed device used to take crab with one or more gates or entrances that allows crab restricted entry and exit, and has a line attached to surface floats.

(10) “Crab ring” means any fishing device used to take crab that allows crab unrestricted entry or exit while fishing, and has a line attached to surface floats.

(11) “Department” means the State Department of Fish and Wildlife.

(12) “Derelict Dungeness crab gear” means Dungeness crab gear which was lost, forgotten, damaged, abandoned or otherwise deserted.

(13) “Director” means the Director of the Oregon Department of Fish and Wildlife appointed pursuant to ORS 496.112.

(14) “Dive gear” means gear used while a fisher is submerged underwater in order to take food fish and includes, but is not limited to, one or more of the following equipment: SCUBA or other surface supplied air source (hookah gear), dive mask, snorkel, air cylinders, weight belt, wetsuit and fins.

(15) “Dungeness crab gear” means crab pots, crab rings or a combination thereof used for taking Dungeness crab.

(16) “Exclusive Economic Zone” means the zone between 3-200 nautical miles offshore of the United States.

(17) “Fishing gear” means, as specified in ORS 506.006, any appliance or device intended for or capable of being used to take food fish for commercial purposes, and includes:

(a) “Fixed gear” means longline, trap or pot, set net, and stationary hook-and-line (including vertical hook-and-line) gears;

(b) “Gillnet” has the meaning as set forth in OAR 635-042-0010;

(d) “Lampara net” means a surrounding or seine net with the sections of netting made and joined to create bagging, and is hauled with purse rings;

(e) “Longline” means a stationary buoyed, and anchored groundline with hooks attached;

(g) “Pot or trap” means a portable, enclosed device with one or more gates or entrances and one or more lines attached to surface floats;

(i) “Seine” means any non-fixed net other than a trawl or gillnet and includes all types of purse seines;

(j) “Setline” means a bottom longline used in rivers and estuaries for targeting white sturgeon;

(k) “Set net” means a stationary, buoyed and anchored gillnet or trammel net which takes fish commonly by gilling and is not free to move or drift with the current or tide;

(l) “Spear” means a sharp, pointed, or barbed instrument on a shaft;

(m) “Trammel net” means a gillnet made with two or more walls joined to a common float line;

(18) “Fishing trip” means a dock-to-dock transit during which fishing for commercial purposes occurs and is followed by a landing.

(19) “Food Fish” means any animal over which the State Fish and Wildlife Commission has jurisdiction pursuant to ORS 506.036.

(20) “Groundfish” means all species of ocean food fish defined as groundfish in the Pacific Coast Groundfish Fishery Management Plan and in the Federal Groundfish Regulations, Title 50, Part 660 (See OAR 635-004-0240).

(21) “Intertidal” means the area in Oregon coastal bays, estuaries, and beaches between mean extreme low water and mean extreme high water boundaries.

(22) “Land, Landed or Landing” means either of the following:

(a) For fisheries where food fish were taken by use of a vessel, “land, landed or landing” means to begin transfer of food fish from a vessel. Once transfer begins, all food fish on board the vessel are counted as part of that landing, except anchovies being held live on a vessel for the purpose of using for bait in that vessel’s commercial fishing operation; and

(B) Once transfer begins, all food fish from the harvest area are counted as part of that landing.

(23) “Length” or “Overall Length” of a vessel means the manufacturer's specification of overall length, United States Coast Guard or Marine Board registered length documentation stating overall length or overall length as surveyed by a certified marine surveyor. In determining overall length, marine surveyors shall measure in a straight line parallel to the keel from the foremost part of the vessel to the aftermost part, excluding sheer and excluding bow sprits, boomkins, rudders aft of the transom, outboard motor brackets, or transom extensions as in a dive step or platform.

(24) “Ocean Dungeness Crab fishing season” means the period normally from December 1 of one year through August 14 of the next year and is specific to the ocean Dungeness crab fishery. In periods where a season delay occurs, “ocean Dungeness crab fishing season” means from the date the fishery opens to the following August 14.

(25) “Oyster” includes oysters, oyster seed, oyster cultch, and oyster shell.

(26) “Pacific Ocean” means all water seaward of the end of the jetty or jetties of any river, bay, or tidal area, except the Columbia River boundary with the Pacific Ocean is as specified in OAR 635-003-0005, or all water seaward of the extension of the shoreline high watermark across the river, bay, or tidal area where no jetties exist.

(27) “Permit holder” means a person or entity that owns an individual permit or owns the vessel to which a vessel permit is attached. A lessee of a permit is not a permit holder.

(28) “Possession” means holding any food fish, shellfish or parts thereof in a person's custody or control.

(29) “Process or Processing” means fresh packaging requiring freezing of food fish, or any part thereof, or any type of smoking, reducing, loining, steaking, pickling or filleting. Cooking crab is not considered processing.

(30) “Replacement vessel” is a vessel purchased to replace a Limited Entry permitted vessel which has been lost due to fire, capsizing, sinking or other event.

(31) “Resident” means an actual bona fide resident of this state for at least one year, as specified in ORS 508.285.

(32) “Salmon” means all anadromous species of salmon, including but not limited to:

(a) Oncorhynchus gorbuscha, commonly known as humpback, humpies or pink salmon.

(b) Oncorhynchus keta, commonly known as chum or dog salmon.

(d) Oncorhynchus nerka, commonly known as sockeye, red or blueback salmon.

(e) Oncorhynchus tshawytscha, commonly known as Chinook salmon.

(33) “Security interest” means an interest in a vessel or permit granted by the owner of the vessel or permit to a third party under a security agreement, pursuant to ORS chapter 79, another state's laws enacted to implement Article 9 of the Uniform Commercial Code or equivalent federal statutory provisions for federally documented vessels.

(34) “Seine skiff” means an open vessel which travels with a larger fishing vessel at all times and is used solely at the direction of the operator of the larger fishing vessel to assist that larger fishing vessel in the deployment and retrieval of seine nets to take fish.

(35) “Sell” includes to offer or possess for sale, barter, exchange or trade.

(36) “Shared Ecosystem Component Species” means those ecosystem component species shared between all of the Pacific Fishery Management Council's Fishery Management Plans which occur in the Pacific Ocean off Oregon and include:

(a) Mesopelagic fishes of the families Myctophidae, Bathylagidae, Paralepididae, and Gonostomatidae;

(b) Pacific sand lance (Ammodytes personatus, previously Ammodytes hexapterus);

(d) Silversides of the family Atherinopsidae;

(e) Smelts of the family Osmeridae; and

(f) Pelagic squids of the families Cranchiidae, Gonatidae, Histioteuthidae, Octopoteuthidae, Ommastrephidae except Humboldt squid (Dosidicus gigas), Onychoteuthidae, and Thysanoteuthidae.

(37) “Shellfish Sanitation Certificate” means a license required by Oregon Department of Agriculture to engage in business of harvesting, distributing or processing of oysters, clams, mussels and scallops for human consumption.

(38) “Special Regulation Marine Areas” means specific areas described in OAR 635-039-0090 and the “Oregon Sport Fishing Regulations,” which includes all Marine Gardens, Subtidal Research Reserves, Intertidal Research Reserves, Habitat Refuges, and other areas closed to designated activities.

(39) “Take” means fish for, hunt, pursue, catch, capture or kill or attempt to fish for, hunt, pursue, catch, capture or kill.

(40) “Transport” means transport by any means and includes offer or receive for transportation.

(A) Period 1: January through February;

(B) Period 2: March through April;

(D) Period 4: July through August;

(E) Period 5: September through October; and

(F) Period 6: November through December.

(b) “Daily trip limit” means the maximum amount of shellfish that may be taken and retained, possessed or landed per vessel in 24 consecutive hours, starting at 00:01 hours local time;

(c) “Monthly trip limit” means the maximum amount of fish that may be taken and retained, possessed or landed per vessel during the first day through the last day of any calendar month.

(d) “Weekly trip limit” means the maximum amount of fish that may be taken and retained, possessed or landed per vessel in 7 consecutive days, starting at 00:01 hours local time on Sunday and ending at 24:00 hours local time on Saturday. Weekly trip limits may not be accumulated during multiple week trips. If a calendar week falls within two different months or two different cumulative limit periods, a vessel is not entitled to two separate weekly limits during that week.

(42) “Undue hardship” means death, serious illness requiring extended care by a physician, permanent disability, or other circumstances beyond the individual’s control.

(44) “Vessel” means any floating craft, powered, towed, rowed or otherwise propelled which is used for landing or taking food fish for commercial purposes.

(45) “Vessel operator” means the person onboard a fishing vessel who is responsible for leading a fishing vessel in fishing or transit operations, and who signs the corresponding electronic fish ticket or dock receipt from that fishing trip. A vessel operator may be a vessel owner or permit holder or both, individual hired to operate a vessel, or lessee of a vessel, permit or both. Although more than one person may physically operate a vessel during a fishing trip or transit, there may only be one person identified as a vessel operator (commonly referred to as a captain or skipper) on a fishing vessel during any one fishing trip or transit.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 506.129 & ORS 506.109
DFW 150-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 56-2023, amend filed 06/28/2023, effective 06/28/2023
DFW 22-2023, amend filed 03/17/2023, effective 03/18/2023
DFW 39-2021, amend filed 04/08/2021, effective 04/09/2021
DFW 147-2019, amend filed 09/30/2019, effective 01/01/2020
DFW 149-2016, f. 12-7-16, cert. ef. 1-1-17
Renumbered from 635-005-0001, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 61-2002, f. & cert. ef. 6-14-02
Reverted to FWC 30-1985, f. 6-27-85, ef. 7-1-85
FWC 39-1992(Temp), f. & cert. ef. 6-19-92
FWC 137-1991(Temp), f. 12-20-91, cert. ef. 12-23-91
FWC 30-1985, f. 6-27-85, ef. 7-1-85

Or. Admin. R. 635-005-0245 Commercial Shellfish And Intertidal Animal Harvest Permit Required

(1) It is unlawful to take, land or possess animals living intertidally on the bottom for commercial purposes without first obtaining a Commercial Shellfish And Intertidal Animal Harvest Permit issued by the Department pursuant to ORS 508.116. Permit holders are required to comply with the conditions contained on their permit.

(2) A Commercial Shellfish And Intertidal Animal Harvest Permit is in addition to, and not in lieu of a commercial fishing license, bait fishing license or boat license required by ORS 508.235, 508.312 and 508.260.

(3) A Commercial Shellfish And Intertidal Animal Harvest Permit is not required to take, land or possess shellfish legally taken in a fishery already requiring a separate permit, or the Bay and Estuary Dungeness crab fishery.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.116
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0250 Commercial Shellfish and Intertidal Animal Harvest Permit Fee

The annual fee for the Commercial Shellfish And Intertidal Animal Harvest Permit is set pursuant to ORS 508.116.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 508.116
DFW 118-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 99-2025, temporary amend filed 10/07/2025, effective 10/15/2025 through 12/31/2025
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0255 Additional License Requirement

Each harvester, distributor or processor of oysters, clams, mussels and scallops intended for human consumption must obtain a Shellfish Sanitation Certificate from the Oregon Department of Agriculture pursuant to ORS 622.080.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119, 506.129 & 622.080
Statutes/Other Implemented: ORS 506.109, 506.129 & 622.080
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0260 Closed Seasons and Areas

(1) It is unlawful to take for commercial purposes, the following from Marine Management Areas described in the “Oregon Sport Fishing Regulations:”

(a) Shellfish and invertebrates in designated Marine Gardens;

(b) Shellfish and invertebrates in designated Marine Research Areas.

(A) In the Ecola Point Marine Conservation Area, fish may be taken.

(B) In the Cape Lookout Marine Conservation, fish may be taken, and shellfish or invertebrates may be taken from subtidal areas.

(d) Fish, shellfish and invertebrates from 1000 feet around and including Pyramid Rock from May 1 through August 31.

(2) The following areas have additional closures and prohibitions as specified in ORS Chapter 511, and fishers should consult these regulations before fishing in these areas:

(a) Coastal Streams Areas;

(b) Columbia River Area;

(d) Curry County Area;

(e) Coos, Douglas and Lane County Areas;

(f) Nestucca, Netarts and Tillamook Bay Areas; and

(g) Willamette River Area.

(3) Marine Reserves and Marine Protected Areas within Oregon’s Territorial Sea have been established and fishers should consult regulations in OAR Division 012 regarding fishing and transit restrictions.

History

Statutory/Other Authority: ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 506.036, 506.109 & 506.129
DFW 120-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0263 Restrictions on Shared Ecosystem Component Species Applicable to All Commercial Fisheries

(a) Landing Shared Ecosystem Component Species without landing any other species;

(b) Landing more than 10 metric tons of Shared Ecosystem Componenent Species in aggregate from any fishing trip; or

(2) The geographic scope of those federal regulations cited in section (1) of this rule is hereby extended to the waters of this state from the head of tide of inland waters to three nautical miles offshore in the Pacific Ocean, except the Columbia River as defined in OAR 635-003-0005, and apply to fishing trips conducted from vessels entirely within these waters.

(3) The Commission may adopt additional or modified regulations that are more conservative than federal regulations, in which case Oregon Administrative Rule takes precedence. See OAR 635-005-0230 through 635-005-0275 and 635-004-0545 for additions or modifications to federal forage fish regulations.

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

History

Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
DFW 149-2016, f. 12-7-16, cert. ef. 1-1-17

Or. Admin. R. 635-005-0265 General Bait Restrictions

It is unlawful to use lamprey as bait in any commercial fishery.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.036, 506.109, 506.129 & 506.306
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0270 Same Trip Recreational and Commercial Fishing — When Unlawful

(1) It is unlawful for a vessel licensed pursuant to ORS 508.260 to be used to fish recreationally and commercially on the same fishing trip.

(2) Recreational fishing gear is legal to use in commercial fisheries provided it complies with the provisions specified in OAR 635-005-0275.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0275 Commercial Shellfish and Marine Invertebrates Fishing Gear

(1) This regulation lists a complete set of legal gear types and associated general restrictions to take shellfish and marine invertebrates in the fisheries specified in this Division. However, most individual fisheries listed in this Division are restrained additionally by supplemental regulations specific to those fisheries. Fishers should consult the specific section of the fishery they are interested in for additional regulations.

(3) It is unlawful to take shellfish and invertebrates for commercial purposes by any means except:

(a) Hook-and-line gear, including, but not limited to handline, pole-and-line, reel-and-line and pole-reel-and-line;

(b) Longlines and vertical hook and lines are permitted in the ocean;

(d) Rings;

(e) Dipnets of hoop or A-frame design;

(f) Seines are permitted in the ocean;

(g) Trawl gear is permitted in the ocean;

(h) Trawl gear shall not be used with any other gear type on a single fishing trip.

(i) Set nets are allowed with an experimental gear permit pursuant to OAR 635-006-0020;

(j) Spear is permitted in the ocean;

(k) Dive gear; or

(l) By hand or hand powered methods including shovel, rake, and abalone iron.

(4) Longline, vertical hook-and-line and pot gear other than Dungeness crab gear and crayfish pots or ring nets which is fixed or anchored to the bottom or drifting unattached to the vessel have the following restrictions:

(a) Gear shall not be left unattended for more than seven days;

(b) Pot longline gear shall be marked at the surface and at each terminal end with a pole, flag, light, radar reflector, and a buoy showing clear identification of the owner or operator;

(c) Pot gear used for other than Dungeness crab, hagfish or spot or coonstripe shrimp shall have biodegradable escape panels constructed with #21 or smaller, untreated cotton twine in such manner that an opening at least eight inches in diameter will result when the twine deteriorates.

(a) If required by applicable state law, the vessel’s number, the commercial fishing license number, or buoy brand number; or

(b) The vessel documentation number issued by the U.S. Coast Guard, or, for an undocumented vessel, the vessel registration number issued by the state.

History

Statutory/Other Authority: ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.129 & ORS 506.109
DFW 79-2024, amend filed 09/16/2024, effective 09/16/2024
DFW 147-2019, amend filed 09/30/2019, effective 01/01/2020
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0280 Organization of Clam and Intertidal Rules

Administrative rules contained in OAR 635-005-0285 and 635-005-0290 shall apply to all fisheries in the Clam and Intertidal section, and are in addition to and not in lieu of Division 005 General Regulations contained in OAR 635-005-0225 through 635-005-0275. The Clam and Intertidal Section includes regulations for the Marine Snail and Abalone, Piddock, Bay Clam Dive and Intertidal Animal, Mussel and Clam Commercial Fisheries.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0285 Additional License Requirement

It is unlawful to take, distribute or process oysters, clams, mussels and scallops intended for human consumption without first obtaining a Shellfish Sanitation Certificate specified in OAR 635-005-0255.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0003, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 156-2009, f. 12-29-09, cert. ef. 1-1-10
DFW 149-2008, f. & cert. ef. 12-17-08
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 4-2008, f. & cert. ef. 1-23-08
FWC 24-1995, f. 3-29-95, cert. ef. 4-1-95
FC 241-1972, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0320, 1975, Renumbered from 635-036-0190, 1979

Or. Admin. R. 635-005-0290 Temporary rule language in effect until 12/27/2026. Closed Seasons and Areas

It is unlawful to take for commercial purposes:

(1) Gaper clams from January 1 through June 30, except under a limited entry Bay Clam Dive Permit (OAR 635- 005-0310) an incidental catch of one gaper clam per eight butter clams, or 25 pounds of gaper clams per 100 pounds of butter clams, whichever allows the greater gaper clam incidental catch.

(2) Razor clams from July 15 through September 30 in the area north of Tillamook Head in Clatsop County.

(3) Any clams from:

(a) Little Nestucca Bay;

(b) Big Nestucca Bay;

(c) Netarts Bay, except cockles may be taken in an area west of and including the main channel, north of the northern boundary line for the Shellfish Preserve (Latitude 45°23.68'N), and south of Latitude 45°24.71'N, near the informational kiosk;

(d) Salmon River and Bay;

(e) Siletz River and Bay; or

(f) All state parks south of Tillamook Head.

(4) Bay clams in Tillamook Bay from the following areas:

(a) The "Ghost Hole" from the floating toilet site south to Sandstone Point and 500 feet westward from the Highway 101 shoreline;

(b) The area east of a line connecting the Coast Guard tower on the north jetty, buoy marker 13, and Hobsonville Point;

(d) Intertidal cockles from midnight Friday through midnight Sunday of any week, and on all legal state and federal holidays.

(5) Subtidal cockle clams in Netarts Bay.

(6) Subtidal bay clams in Coos Bay from the following areas:

(a) In depths shallower than 10 feet from mean lower low water; or

(b) The area of South Slough south of the Charleston bridge.

(7) Any clams from the Shellfish Preserve in Yaquina Bay, Lincoln County, which is the tideflat on the north side of the wood piling breakwater, south of the troller's basin. The legal description is as follows: Beginning at a point 1,181.24 feet south and 430.55 feet east of the meander corner of Sections 8 and 9, T11S, R11W, W.M., said point being a flashing red beacon on the southeastern end of the U.S. Army Engineers wood piling breakwater, thence northwesterly along said breakwater to a point being a flashing white beacon on the northwestern end of said breakwater located 583.46 feet south and 2,082.62 feet west of the above meander corner, thence southeasterly along the extreme low water line of the sand pit lying on the north side of the said breakwater to the point of beginning, said tideland being 7.2 acres, more or less, at mean low water line.

(8) Any clams from the Shellfish Preserve in Netarts Bay beginning from the quarter corner of Section 17, 20, T2S, R10W, thence north 10 degrees 14 feet west 200 feet to point of beginning, thence west approximately 6,250 feet to the west meander line of Netarts Bay, thence north 1,000 feet, thence east about 6,250 feet, thence south along the meander line to the point of beginning, except any privately owned tidelands within the described area are excluded from the closure.

(9) Any shellfish from Special Regulation Marine Areas as described in OAR 635-005-0260.

(10) Clams or mussels from a health closure area closed for biotoxins. "Health closure area" means an area closed to the public due to health risks of consuming shellfish from the area, and "Biotoxin" means naturally occurring shellfish toxins monitored by the Oregon Department of Agriculture.

(11) Any shellfish taken for human consumption from an area designated as restricted by the Oregon Department of Agriculture. Fishers should call the Oregon Department of Agriculture Shellfish Safety Hotline at 1-800-448- 2474, the Oregon Department of Agriculture Food Safety Division at 1-503-986-4720 or visit the Oregon Department of Agriculture website at www.oregon.gov/ODA to confirm the area of intended harvest is open before harvesting shellfish.

(12) Littleneck clams (Leukoma staminea).

(13) Subtidal clams from Yaquina Bay.

History

Statutory/Other Authority: ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.109
DFW 51-2026, temporary amend filed 06/04/2026, effective 07/01/2026 through 12/27/2026
DFW 27-2024, amend filed 04/23/2024, effective 04/23/2024
DFW 9-2024, temporary amend filed 02/07/2024, effective 02/09/2024 through 08/06/2024
DFW 23-2023, temporary amend filed 03/27/2023, effective 03/27/2023 through 09/22/2023
DFW 36-2022, temporary amend filed 04/14/2022, effective 04/18/2022 through 09/30/2022
DFW 34-2022, amend filed 04/08/2022, effective 04/08/2022
DFW 101-2021, temporary amend filed 07/15/2021, effective 07/18/2021 through 11/05/2021
DFW 60-2021, temporary amend filed 05/06/2021, effective 05/10/2021 through 11/05/2021
DFW 112-2020, temporary amend filed 09/01/2020, effective 09/02/2020 through 12/28/2020
DFW 80-2020, temporary amend filed 07/02/2020, effective 07/02/2020 through 08/30/2020
DFW 89-2019, temporary amend filed 06/27/2019, effective 10/02/2019 through 12/28/2019
DFW 88-2019, temporary amend filed 06/27/2019, effective 07/01/2019 through 10/01/2019
DFW 166-2018, temporary amend filed 10/25/2018, effective 12/23/2018 through 02/28/2019
DFW 163-2018, temporary amend filed 10/23/2018, effective 11/01/2018 through 12/22/2018
DFW 150-2018, temporary amend filed 09/27/2018, effective 10/01/2018 through 10/31/2018
DFW 164-2015, f. 12-9-15, cert. ef. 1-1-16
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12, Renumbered from 635-005-0020
DFW 79-2011(Temp), f. 6-29-11, cert. ef. 7-3-11 thru 12-29-11
DFW 141-2010(Temp), f. 10-6-10, cert. ef. 10-7-10 thru 12-31-10
DFW 135-2010(Temp), f. 9-23-10, cert. ef. 9-27-10 thru 12-31-10
DFW 133-2008(Temp), f. 10-17-08, cert. ef. 10-18-08 thru 12-31-08
DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 61-2002, f. & cert. ef. 6-14-02
DFW 92-1998, f. & cert. ef. 11-25-98
DFW 30-1998(Temp), f. & cert. ef. 5-6-98 thru 10-23-98
FWC 121-1992(Temp), f. & cert. ef. 11-9-92
FWC 102-1992(Temp), f. 10-1-92, cert. ef. 10-2-92
FWC 94-1992(Temp), f. 9-18-92, cert. ef. 9-19-92
FWC 39-1992(Temp), f. & cert. ef. 6-19-92
FWC 137-1991(Temp), f. 12-20-91, cert. ef. 12-23-91
FWC 30-1985, f. 6-27-85, cert. ef. 7-1-85
FC 241-1972, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0065, 1975, Renumbered from 635-036-0090, 1979

Or. Admin. R. 635-005-0295 Marine Snail Fishery Prohibited

(1) It is unlawful to take any marine snail species of the class gastropoda, including all abalone species, for commercial purposes except that a commercial aquaculture facility may take abalone for use as broodstock under the terms and conditions specified in a permit issued by the Department.

(2) Application for such a permit shall be in writing and shall include the following:

(a) A description of the commercial aquaculture facility;

(b) The methods for collecting and returning broodstock abalone to and from the wild;

(d) The procedures for isolating and culturing abalone to prevent contamination of wild abalone stock; and

(e) Any other information as the Department may require.

(3) Permit applications shall be mailed to: Marine Resources Program Office, Department of Fish and Wildlife, 2040 SE Marine Science Drive, Newport, OR, 97365.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0005, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 156-2009, f. 12-29-09, cert. ef. 1-1-10
DFW 149-2008, f. & cert. ef. 12-17-08
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 4-2008, f. & cert. ef. 1-23-08
FWC 24-1995, f. 3-29-95, cert. ef. 4-1-95
FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0320, 1975, Renumbered from 635-036-0190, 1979

Or. Admin. R. 635-005-0300 Piddock Fishery (Rock Oyster) Prohibited

It is unlawful to take piddocks for commercial purposes.

History

Statutory/Other Authority: ORS 506.109, 506.129 & 506.306
Statutes/Other Implemented: ORS 506.129
Renumbered from 635-005-0160, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 30-1985, f. 6-27-1985, cert. ef. 7-1-85, Renumbered from 625-010-0465, 635-036-0255
FC 241, f. 4-5-72, cert. ef. 4-15-72

Or. Admin. R. 635-005-0305 Bay Clam Dive Fishery Defined

"Bay clam dive fishery" means the commercial fishery for bay clams (including: cockle clams, Clinocardium nuttallii; butter clams, Saxidomus gigantea; gaper clams, Tresus capax; and softshell clams, Mya arenaria) from subtidal areas in Oregon estuaries using dive gear.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 164-2015, f. 12-9-15, cert. ef. 1-1-16
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0310 Requirement for Bay Clam Dive Permit

(1) It is unlawful in the bay clam dive fishery to:

(a) Take, land or possess bay clams for commercial purposes, using dive gear, from subtidal areas in any Oregon estuary north of Heceta Head without first obtaining a coast-wide Bay Clam Dive Permit issued pursuant to OAR 635-005-0315 through OAR 635-005-0340.

(b) Take, land or possess bay clams for commercial purposes, using dive gear, from subtidal areas in Oregon estuaries south of Heceta Head without first obtaining either a coast-wide Bay Clam Dive Permit or a south-coast Bay Clam Dive Permit issued pursuant to OAR 635-005-0315 through OAR 635-005-0340.

(c) For a wholesaler dealer, canner or buyer to buy or receive bay clams taken in the bay clam dive fishery from a vessel or person not issued the permit required by subsections (1)(a) or (1)(b) of this rule.

(d) To take bay clams where more than two divers operating from any one vessel were in the water at the same time or where more than three persons without Bay Clam Dive Permits, excluding persons authorized by the Department for the performance of official duties, were on board any vessel while harvesting, possessing, or transporting bay clams.

(e) To take clams except under the terms and conditions specified in the permit. Permits may be issued to mechanically harvest clams in subtidal areas by means of water jet or other hand or handpowered tool. Application for such a permit must be written and include a description of the specific areas where mechanical taking is proposed and such other information as the Director shall require. Applications should be mailed to: Marine Resources Program Office, Department of Fish and Wildlife, 2040 SE Marine Science Drive, Newport, OR 97365.

(2) The Department shall not issue more than ten coast-wide permits required by subsection (1)(a) of this rule and five south-coast permits required by subsection (1)(b) of this rule.

(3) Permits may be issued to individuals or to vessels, designated at the beginning of the year. Designation shall not change during the year.

(4) The Bay Clam Dive Permit required by section (1) of this rule is in addition to and not in lieu of either:

(a) The commercial fishing license required by ORS 508.235; or

(b) The commercial bait fishing license required by ORS 508.312.

(5) No vessel may hold more than one Oregon Bay Clam Dive Permit at any one time.

(6) If Bay Clam Dive Permits are issued on an individual basis, no individual may hold more than one Oregon Bay Clam Dive Permit at any one time.

(7) Unless otherwise provided, Bay Clam Dive Permits must be purchased by January 31 of the year the permit is sought for renewal.

(8) No Bay Clam Dive Permit shall be transferred without the vessel lien holder’s written permission.

(9) Applications for Bay Clam Dive Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of a vessel may be required at the time of application.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 164-2015, f. 12-9-15, cert. ef. 1-1-16
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0315 Bay Clam Dive Permit Fee

(1) The annual fee for a Resident Bay Clam Dive Permit is $125.00 (plus a $2.00 license agent fee) for applicants.

(2) The annual fee for a Nonresident Bay Clam Dive Permit is $175.00 (plus a $2.00 license agent fee) for applicants.

(3) A fee of $100.00 shall be charged for each transfer of participation rights under OAR 635-005-0340.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 & Other SB 247 (2015)
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0320 Eligibility Requirements for a Bay Clam Dive Permit

(1) An individual licensed as a commercial harvester under ORS 508.235 or ORS 508.312 or a vessel is eligible to obtain a Bay Clam Dive Permit required by OAR 635-005-0310:

(a) For a South Coast Bay Clam Dive Permit for the year 2006, if a South Coast Bay Clam Dive Permit was issued to the individual or vessel under the Developmental Fisheries Program in 2005 and lawfully made five landings consisting of at least 100 pounds each landing or an annual total of 2,500 pounds of bay clams, using dive gear in Oregon in 2005;

(b) For a Coast Wide Bay Clam Dive Permit for the year 2006, if a Coast Wide Bay Clam Dive Permit was issued to the individual or vessel under the Developmental Fisheries Program in 2005 and lawfully made five landings consisting of at least 100 pounds each landing or an annual total of 2,500 pounds of bay clams, using dive gear in Oregon in 2005.

(d) Through the lottery if a lottery is held in accordance with OAR-005-0335.

(2) 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 records and such receipts, accounts, contracts and other business records of private parties as the Department or the Board considers reliable evidence of the qualifications or requirements in question.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 32-2013, f. & cert. ef. 5-14-13
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0325 Review of Denials — Bay Clam Dive

(1) An individual whose application for issuance, renewal or transfer of a Bay Clam Dive Permit established pursuant to OAR 635-005-0310, 635-005-0330 and 635-005-0340 is denied may make written request to the Board for review of the denial. The review provided in this section is in lieu of any such review by the Department or the Commission. The request shall be in such form and shall contain such information as the Board considers appropriate.

(2) The Board shall review a denial of an application for issuance, renewal or request to transfer a permit according to the applicable provisions of ORS chapter 183. Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to 183.500. The Board may waive requirements for renewal of permit if the Board finds strict adherence to the requirements were not met as a result of undue hardship as defined in OAR 635-005-0240.

(3) A party must petition for Board review of the hearing officer's proposed order within 30 days of service of the proposed order if the party wants the proposed order changed. A party must identify what parts of the proposed order it objects to, and refer to parts of the administrative record and legal authority supporting its position.

(4) The Board may delegate to the Department its authority to waive requirements for renewal of Bay Clam Dive Permits in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(5) The bay clam dive fishery requires a $125.00 non-refundable application fee for Board review. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0330 Renewal of Bay Clam Dive Permit

(1) Bay Clam Dive Permits may be renewed the following year:

(a) By submitting to the Department a $125.00 fee for a resident permit or a $175.00 fee for a nonresident permit (plus a $2.00 license agent fee) and a complete application date-stamped or postmarked by January 31 of the year for which renewal is sought;

(b) The permittee shall have lawfully made five landings consisting of at least 100 pounds each landing or an annual total of 2,500 pounds of bay clams, using dive gear in Oregon in the prior calendar year;

(c) If all logbooks required under OAR 635-005-0345 were submitted by the application deadline for renewal of a Bay Clam Dive Permit; and

(d) If a Bay Clam Dive Permit is transferred under OAR 635-005-0340(2), annual landing requirements for permit renewal in subsection (1)(b) of this rule are waived in the year the transfer occurred.

(2) An application for renewal of a Bay Clam Dive Permit shall be considered complete if it is legible, has all information requested in the form, and is accompanied by the required fee in full. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by January 31 of the permit year sought, the individual shall not be considered to have applied for renewal in a timely manner.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 & Other SB 247 (2015)
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0335 Lottery for Limited Entry Bay Clam Dive Permits

(1) If the number of Bay Clam Dive Permits issued in accordance with OAR 635-005-0310 falls below ten for coast-wide permits or five for south-coast permits, the Department may issue Bay Clam Dive Permits by a lottery system. However, as a result of any such lottery, the total number of Bay Clam Dive Permits issued shall not exceed ten for coast-wide permits or five for south-coast permits;

(2) Each applicant for a permit lottery shall complete the application form prescribed by the Department.

(4) Only one application per vessel or individual may be submitted for each permit fishery lottery.

(5) Any application which is not legible, has incomplete information, or is postmarked after the deadline shall not be entered in the lottery. Applications for all permits shall be accepted at the Salem headquarters office of the Department, and shall be postmarked or date stamped no later than March 31 of the year for which the permit is issued.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0340 Transferability of Bay Clam Dive Permits

(1) Any transfer of a Bay Clam Dive Permit without the written consent of each person holding a security interest in such vessel is void.

(2) Permits may be transferred as follows:

(a) The permittee may request the Department to transfer, to a replacement vessel that is owned by the same person that owns the vessel to which the Bay Clam Dive Permit was originally issued, a Bay Clam Dive Permit up to two times per calendar year;

(b) In the event of the death of a Bay Clam Dive Permit holder, the permit of the deceased may be issued to an immediate family member upon request, validated by the Department’s receipt of a copy of the death certificate and the original permit. “Immediate family member” means a Bay Clam Dive Permit holder's spouse, domestic partner, children, father, mother, brother, sister, stepchildren, and grandchildren; or

(c) The Department may authorize transfer of a Bay Clam Dive Permit for up to 90 days upon petition by the permittee on the form provided by the Department due to a medical condition.

(A) The Department's decision to allow a transfer shall be based on a finding that the current permit holder is unable to participate in the fishery due to injury or illness which prevents diving, based on medical evidence submitted by the permit holder, and such other evidence the Department considers reliable.

(B) At the end of the transfer period, the Department may reinstate the Bay Clam Dive Permit to the original permit holder or to a new transferee, provided that the original permit holder again submits medical evidence documenting that the injury or illness continues to prevent their return to diving.

(C) There is a two-year limit on the eligibility of each individual permit for medical transfer status, beginning with the start date of the first medical transfer of that permit and ending two years from that date.

(D) If the Department, after review of a denial by the Board, allows a transfer, the original Bay Clam Dive Permit holder shall give written notice to the Department of the name, address and telephone number of the transferee. The original permit holder may, at any time during the transfer period specified in subsection (1)(c) of this rule, request the Department reinstate the permit back to their possession. Such transfer requires 30 days written notice to the Department. In any event, upon expiration of the transfer period specified in subsection (1)(c) of this rule, or upon cancellation of a transfer due to lack of medical evidence of continuing inability to dive, the permit shall revert automatically to the original permit holder, unless the transfer is renewed, as provided in subsection (1)(c) of this rule.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0345 Logbook Required — Bay Clam Dive

(1) The Department shall make available a logbook to each licensed commercial fisher or commercial fishing vessel which holds a valid Bay Clam Dive Fishery Permit.

(2) Each permit holder is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, each permit holder shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, each permit holder shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0350 Bay Clam Dive Size Limit

The minimum legal size of cockle clams taken for commercial purposes under a Bay Clam Dive Permit (OAR 635-005-0310) in Tillamook Bay is 2-3/4 inches at the greatest dimension, and 2-1/4 inches at the greatest dimension in all other bays. It is unlawful to possess any cockle clams taken for commercial purposes under a Bay Clam Dive Permit which are less than the minimum legal size.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 164-2015, f. 12-9-15, cert. ef. 1-1-16
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12, Renumbered from 635-005-0030
DFW 10-2007, f. & cert. ef. 2-14-07
DFW 61-2006, f. 7-13-06, cert. ef. 10-1-06
DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06
FC 255-1972, f. 9-12-72, cert. ef. 10-1-72, Renumbered from 625-010-0075, 1975, Renumbered from 635-036-0100, 1979
FC 241-1972, f. 4-5-72, cert. ef. 4-15-72

Or. Admin. R. 635-005-0355 Temporary rule language in effect until 12/27/2026. Catch Limits

(1) In Tillamook Bay, the annual commercial landing caps for clams harvested by the bay clam dive fishery are as follows:

(a) 110,000 pounds for cockles;

(b) 260,000 pounds for gaper clams; and

(2) When any of the annual commercial clam landing caps specified in section (1) of this rule are reached, the commercial clam fishery for that species in that particular estuary will close for the remainder of the calendar year.

History

Statutory/Other Authority: ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.109
DFW 51-2026, temporary amend filed 06/04/2026, effective 07/01/2026 through 12/27/2026
DFW 27-2024, amend filed 04/23/2024, effective 04/23/2024
DFW 10-2024, temporary amend filed 02/09/2024, effective 02/12/2024 through 08/06/2024
DFW 9-2024, temporary amend filed 02/07/2024, effective 02/09/2024 through 08/06/2024
DFW 152-2022, temporary amend filed 12/09/2022, effective 12/10/2022 through 12/31/2022
DFW 104-2022, temporary amend filed 08/02/2022, effective 08/08/2022 through 12/09/2022
DFW 98-2022, temporary amend filed 07/28/2022, effective 08/01/2022 through 12/09/2022
DFW 67-2022, temporary amend filed 06/21/2022, effective 06/22/2022 through 12/09/2022
DFW 34-2022, amend filed 04/08/2022, effective 04/08/2022
DFW 167-2021, temporary amend filed 10/19/2021, effective 10/21/2021 through 12/31/2021
DFW 161-2021, temporary amend filed 10/12/2021, effective 10/12/2021 through 12/31/2021
DFW 102-2021, temporary amend filed 07/15/2021, effective 07/18/2021 through 10/08/2021
DFW 43-2021, temporary amend filed 04/09/2021, effective 04/12/2021 through 10/08/2021
DFW 112-2020, temporary amend filed 09/01/2020, effective 09/02/2020 through 12/28/2020
DFW 87-2020, temporary amend filed 07/13/2020, effective 07/14/2020 through 08/30/2020
DFW 80-2020, temporary amend filed 07/02/2020, effective 07/02/2020 through 08/30/2020
DFW 20-2020, temporary amend filed 02/28/2020, effective 03/04/2020 through 08/30/2020
DFW 100-2019, temporary amend filed 07/11/2019, effective 12/29/2019 through 12/31/2019
DFW 99-2019, temporary amend filed 07/11/2019, effective 10/02/2019 through 12/28/2019
DFW 98-2019, temporary amend filed 07/11/2019, effective 07/14/2019 through 10/01/2019
DFW 89-2019, temporary amend filed 06/27/2019, effective 10/02/2019 through 12/28/2019
DFW 88-2019, temporary amend filed 06/27/2019, effective 07/01/2019 through 10/01/2019
DFW 35-2019, temporary amend filed 04/04/2019, effective 04/05/2019 through 10/01/2019
DFW 95-2018, temporary amend filed 07/18/2018, effective 09/28/2018 through 12/31/2018
DFW 94-2018, temporary amend filed 07/17/2018, effective 07/22/2018 through 09/27/2018
DFW 34-2018, temporary amend filed 03/28/2018, effective 04/01/2018 through 09/27/2018
DFW 101-2017(Temp), f. 8-1-17, cert. ef. 8-8-17 thru 12-31-17
DFW 103-2017(Temp), f. & cert. ef. 8-2-17 thru 12-31-17
DFW 26-2017(Temp), f. 3-21-17, cert. ef. 3-24-17 thru 9-19-17
Reverted to DFW 164-2015, f. 12-9-15, cert. ef. 1-1-16
DFW 151-2016(Temp), f. 12-13-16, cert. ef. 12-15-16 thru 12-31-16
Reverted to DFW 164-2015, f. 12-9-15, cert. ef. 1-1-16
DFW 12-2016(Temp), f. 2-22-16, cert. ef. 2-23-16 thru 8-20-16
DFW 164-2015, f. 12-9-15, cert. ef. 1-1-16
DFW 112-2015(Temp), f. 8-20-15, cert. ef. 8-26-15 thru 12-31-15
Reverted to DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 11-2015(Temp), f. 2-3-15, cert. ef. 2-6-15 thru 7-31-15
Reverted to DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 69-2014(Temp), f. 6-12-14, cert. ef. 6-13-14 thru 12-10-14
Reverted to DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 54-2013(Temp), f. 6-12-13, cert. ef. 6-15-13 thru 12-11-13
Reverted to DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 80-2012(Temp), f. 6-28-12, cert. ef. 7-4-12 thru 12-30-12
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06, Renumbered from 635-005-0032

Or. Admin. R. 635-005-0360 Subtidal Clams for Bait

Clams harvested or at any time intended for sale as bait in the bay clam dive fishery are subject to the requirements of OAR 635-005-0390.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0365 Intertidal Animal, Mussel and Clam Commercial Fisheries Defined

“Intertidal Animal, Mussel, and Clam Fisheries” means the commercial fisheries for any animal living intertidally on the bottom.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0370 Commercial Shellfish And Intertidal Animal Harvest Permit Required

It is unlawful to take, land or possess animals living intertidally on the bottom for commercial purposes without first obtaining a Commercial Shellfish And Intertidal Animal Harvest Permit issued by the Department pursuant to OAR 635-005-0245 and 635-005-0250.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129, 506.306 & 508.116
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0375 Logbook Required — Commercial Shellfish And Intertidal Animal Harvest

(1) The Department shall make available a logbook to each licensed commercial fisher who holds a valid Commercial Shellfish And Intertidal Animal Harvest Permit.

(2) Each permit holder is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, each permit holder shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, each permit holder shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0380 Fishing Gear for Commercial Harvest of Mussels and Razor Clams

It is unlawful in intertidal commercial fisheries to:

(1) Take mussels for commercial purposes by any means other than hand or a hand-powered tool.

(2) Take razor clams for commercial purposes by any means other than by hand or by shovel.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0385 Commercial Harvest of Mussels and Clams — Size Limit

(1) There is no size limit for mussels taken for commercial purposes.

(2) The minimum legal size of razor clams taken for commercial purposes is 3-3/4 inches from tip to tip of the shell. It is unlawful to possess any razor clams taken for commercial purposes which are less than the minimum legal size. All undersized razor clams must be immediately returned to the hole from which they were dug with the hinge oriented towards the ocean.

(3) The minimum legal size of intertidal cockles taken for commercial purposes in Tillamook Bay and Netarts Bay is 2-3/4 inches at the greatest dimension. It is unlawful to possess any cockles taken for commercial purposes which are less than the minimum legal size.

History

Statutory/Other Authority: 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109
DFW 27-2024, amend filed 04/23/2024, effective 04/23/2024
DFW 164-2015, f. 12-9-15, cert. ef. 1-1-16
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0387 Catch Limits

(1) In Netarts Bay, the commercial landing cap for cockles harvested by the intertidal fishery is 22,000 pounds.

(2) In Tillamook Bay, the commercial landing cap for cockles harvested by the intertidal fishery is 90,000 pounds.

(3) When the commercial cockle landing cap specified in sections 1 or 2 of this rule is reached, the intertidal cockle fishery will close in that bay for the remainder of the calendar year.

History

Statutory/Other Authority: ORS 506.036, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 95-2023, amend filed 09/18/2023, effective 09/19/2023
DFW 23-2023, temporary amend filed 03/27/2023, effective 03/27/2023 through 09/22/2023
DFW 137-2022, temporary amend filed 09/29/2022, effective 10/01/2022 through 12/31/2022
DFW 50-2022, temporary amend filed 05/20/2022, effective 05/21/2022 through 09/30/2022
DFW 36-2022, temporary amend filed 04/14/2022, effective 04/18/2022 through 09/30/2022
DFW 171-2021, temporary amend filed 11/10/2021, effective 11/10/2021 through 12/31/2021
DFW 83-2021, temporary amend filed 06/24/2021, effective 06/26/2021 through 11/05/2021
DFW 60-2021, temporary amend filed 05/06/2021, effective 05/10/2021 through 11/05/2021
DFW 78-2019, temporary amend filed 06/18/2019, effective 12/17/2019 through 12/31/2019
DFW 77-2019, temporary amend filed 06/18/2019, effective 06/20/2019 through 12/16/2019
DFW 87-2018, temporary amend filed 07/05/2018, effective 07/09/2018 through 12/31/2018
Reverted to DFW 164-2015, f. 12-9-15, cert. ef. 1-1-16
DFW 164-2015, f. 12-9-15, cert. ef. 1-1-16
DFW 118-2016(Temp), f. 9-14-16, cert. ef. 9-16-15 thru 12-31-16

Or. Admin. R. 635-005-0390 Clams and Mussels for Bait

(1) Clams and mussels taken as bait must be visibly dyed with a Department approved dye.

(2) Dyeing must occur before leaving the harvest area, before being transported by vehicle, or before the time of docking of the vessel used in harvesting.

(3) Clams and mussels taken for bait may not be possessed aboard a vessel while clams and mussels for human consumption are on board. Upon leaving the vessel or the harvest area, clams and mussels taken as bait may not be mixed with clams and mussels taken for human consumption.

(4) Prior to sale, clams or mussels taken from restricted areas and live boxed must be stored in a restricted area pending sale. "Restricted area" means an area closed or prohibited to commercial harvest of shellfish by the Oregon Department of Agriculture for the harvest of clams, mussels or other shellfish for human consumption by commercial shellfish harvesters, and "live boxed" means any type of container used to hold or store shellfish in the water.

(5) Clams or mussels taken for human consumption and later sold as bait must be dyed at the time of sale to a wholesale fish dealer or wholesale fish bait dealer.

(6) Clams and mussels harvested for bait must be sold to a wholesale fish dealer or wholesale fish bait dealer within 48 hours of end of harvest.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0395 Organization of Rules for Commercial Crab Fisheries

The Crab Section includes regulations for the ocean Dungeness, Bay and Estuary Dungeness and Red Rock, Box, Tanner and Other Crab Fisheries.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0400 Ocean Dungeness Crab Fishery Defined

“Ocean Dungeness crab fishery” means all fishing for Dungeness crab (Cancer magister) in the Pacific Ocean and Columbia River for commercial purposes.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0405 Requirement for Ocean Dungeness Crab Permit

(1) It is unlawful to take, land or possess Dungeness crab from the ocean Dungeness crab fishery without first obtaining an Ocean Dungeness Crab Permit issued pursuant to ORS 508.931 or 508.941. An Ocean Dungeness Crab Permit is not required for vessels that are engaged solely in setting gear for a permitted vessel and which do not retrieve, retain or possess Dungeness crab.

(2) It is unlawful for a wholesaler, canner, or buyer to buy or receive Dungeness crab taken in the ocean Dungeness crab fishery from a vessel for which the permit required by this rule has not been issued.

(3) If the Commission establishes a vessel crab pot limitation or allocation system beyond the 2002-03 ocean Dungeness crab season, August 14, 2001 is the control date for eligibility criteria related to past participation in the ocean fishery.

(4) A Single Delivery License shall not be substituted for an Ocean Dungeness Crab Permit. Once a vessel has obtained an Ocean Dungeness Crab Permit, Dungeness crab may be landed by the vessel using a combination of an Ocean Dungeness Crab Permit and a Single Delivery License in lieu of a commercial fishing and boat license. However, crab may not be landed more than twice in any one ocean Dungeness crab fishing season using Single Delivery Licenses.

(5) Effective December 1, 2006, the amount of Dungeness crab gear allocated to a permit required under section (1) above will be determined as follows:

(a) The allocation will be based on documented landings of ocean Dungeness crab into Oregon, Washington (excluding landings from the Puget Sound Fishery), or California, using valid Oregon fish receiving tickets, or equivalent valid documents from the states of Washington or California, from December 1, 1995 through August 14, 2001;

(b) The Dungeness crab gear allocation will be the highest number of pots and rings in aggregate the vessel qualifies for during the six qualifying seasons, December 1 of one year through September 15 of the next year (except through August 14, in 2001);

(c) A Dungeness crab gear allocation of 200 shall be assigned to a permit with landings less than 15,020 pounds in the 1995 to 1996 season, and 4,010 pounds in the 1996 to 1997 season, and 5,170 pounds in the 1997 to 1998 season, and 7,083 pounds in the 1998 to 1999 season, and 13,160 pounds in the 1999 to 2000 season, and 8,940 pounds in the 2000 to 2001 season;

(d) A Dungeness crab gear allocation of 300 shall be assigned to a permit with minimum landings of 15,020 pounds in the 1995 to 1996 season, or 4,010 pounds in the 1996 to 1997 season, or 5,170 pounds in the 1997 to 1998 season, or 7,083 pounds in the 1998 to 1999 season, or 13,160 pounds in the 1999 to 2000 season, or 8,940 pounds in the 2000 to 2001 season; and

(e) A Dungeness crab gear allocation of 500 shall be assigned to a permit with minimum landings of 89,020 pounds in the 1995 to 1996 season, or 35,180 pounds in the 1996 to 1997 season, or 39,350 pounds in the 1997 to 1998 season, or 49,450 pounds in the 1998 to 1999 season, or 78,400 pounds in the 1999 to 2000 season, or 37,030 pounds in the 2000 to 2001 season.

(6) The Ocean Dungeness Crab Permit required by section (1) of this rule is in addition to and not in lieu of the commercial fishing and boat license required by ORS 508.235 and ORS 508.260.

(7) No vessel may hold more than one Ocean Dungeness Crab Permit at any one time.

(8) Unless otherwise provided, Ocean Dungeness Crab Permits must be purchased by December 31 of the year the permit is sought for renewal.

(9) Applications for Ocean Dungeness Crab Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of a vessel may be required at the time of application.

(10) Notwithstanding section (5) of this rule, from May 1 through August 14 the amount of Dungeness crab gear allocated to a permit required under section (1) of this rule shall be reduced to 80 percent of the amount allocated under section (5) of this rule. A permit assigned a Dungeness crab gear allocation per section (5) of this rule of:

(a) 200 shall be assigned a Dungeness crab gear allocation of 160;

(b) 300 shall be assigned a Dungeness crab gear allocation of 240; or

History

Statutory/Other Authority: ORS 506.036, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129, 506.306, 508.926 & 508.931
DFW 7-2026, temporary amend filed 01/23/2026, effective 02/16/2026 through 08/14/2026
DFW 79-2023, amend filed 08/08/2023, effective 08/08/2023
DFW 131-2020, amend filed 09/25/2020, effective 09/25/2020
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0415 Eligibility Requirements for a Ocean Dungeness Crab Permit

(1) Vessels or vessel owners must meet eligibility requirements for an Ocean Dungeness Crab Permit pursuant to ORS 508.931.

(2) An individual licensed under ORS 508.235 or a commercial licensed vessel under ORS 509.260, except as otherwise stated in section 3 of this rule, is eligible to obtain an Ocean Dungeness Crab Permit required by OAR 635-005-0405 by renewal of the previous year’s permit as specified in OAR 635-005-0430. For the purposes of eligibility for an Ocean Dungeness Crab Permit, a vessel which received a license waiver issued pursuant to ORS 508.808 shall be considered as having possessed a boat license for that year.

(3) ORS 508.931 and 508.941 require that the vessel be previously licensed in accordance with ORS 508.260 for the purposes of initial eligibility for an Ocean Dungeness Crab Permit. "Initial eligibility for vessels to participate" for the purposes of application for an Ocean Dungeness Crab Permit pursuant to ORS 508.931, means eligibility of a vessel on which to make permit application is confined to vessels which have never obtained an initial permit. A Single Delivery License shall not be substituted for a boat license for this purpose.

(4) 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 records and such receipts, accounts, contracts and other business records of private parties as the Department or the Board considers reliable evidence of the qualifications or requirements in question.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.931
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0420 Revocation and Refusal to Issue Ocean Dungeness Crab Permits

The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of an Ocean Dungeness Crab Permit pursuant to ORS 508.485 and 508.490.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 113-2014, f. 8-5-14, cert. ef. 8-15-14
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0425 Review of Denials — Ocean Dungeness Crab

(1) An individual whose application for issuance, renewal or transfer of an Ocean Dungeness Crab Permit established pursuant to OAR 635-005-0405, 635-005-0430 and 635-005-0440 is denied, may make written request to the Board for review of the denial. The procedure for requesting review and the applicable standard of review of denial of an Ocean Dungeness Crab Permit shall be pursuant to ORS 508.941.

(2) For the ocean Dungeness crab fishery, a permit holder may request review of the Department's initial Dungeness crab gear allocation, the Department's denial of replacement of lost buoy tags, or denial of permit renewal by doing so in writing to the Commercial Fishery Permit Board. The Board may:

(a) Adjust the amount of Dungeness crab gear allocated to a permit:

(A) Based on additional landings documentation supplied by permit holder according to criteria under OAR 635-005-0405(5); or

(B) Based on circumstances during the qualifying seasons described in OAR 635-005-0405(5), a Dungeness crab gear allocation may be increased by one tier as described under 635-005-0405(5) as a result of undue hardship as defined in 635-005-0240.

(b) Approve replacement of lost buoy tags due to a catastrophic loss as defined in OAR 635-005-0240.

(c) Waive the permit renewal date requirement if the Board finds that strict adherence to this requirement was not met as a result of undue hardship as defined in OAR 635-005-0240.

(3) The Board may delegate to the Department its authority to waive requirements for renewal of Ocean Dungeness Crab Permits in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(4) The ocean Dungeness crab fishery requires a $125.00 non-refundable application fee for Board review. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee.

(5) Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to 183.550.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.941
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0430 Renewal of Limited Entry Ocean Dungeness Crab Permit

(1) An Ocean Dungeness Crab Permit may be renewed pursuant to ORS 508.941.

(2) An application for renewal of an Ocean Dungeness Crab Permit shall be considered complete if it is legible, has all information requested in the form, is accompanied by the required fee in full, and is date-stamped or postmarked by December 31 of the year the permit is sought for renewal. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by December 31 of the permit year sought, the individual shall not be considered to have applied for renewal in a timely manner.

(3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application may not be grounds for treating the application as having been filed in a timely and complete manner.

(4) A permit which is not renewed by December 31 lapses and shall not be renewed for subsequent years.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 508.921, ORS 508.926 & ORS 508.941
DFW 120-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 99-2025, temporary amend filed 10/07/2025, effective 10/15/2025 through 12/31/2025
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 32-2013, f. & cert. ef. 5-14-13
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0435 Lottery for Limited Entry Ocean Dungeness Crab Permits

There is no lottery system for the issuance of Ocean Dungeness Crab Permits.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0440 Transferability of Ocean Dungeness Crab Permits

(1) 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.

(2) Ocean Dungeness Crab Permit holders may transfer a permit:

(a) Pursuant to ORS 508.936; and

(b) Once in an 18-month period, provided the vessel holding the permit has landed at least 500 pounds of ocean Dungeness crab into Oregon in each of two ocean Dungeness crab fishing seasons in the last five ocean Dungeness crab fishing seasons, which includes landings made during any season open at the time of application. However, the Board may waive the landing requirement as well as the 18-month waiting period for transfers, if the Board finds strict adherence to this requirement was not met by the individual seeking to transfer a permit as a result of undue hardship as defined in OAR 635-005-0240. The Board also may delegate to the Department its authority to waive these requirements in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(3) An Ocean Dungeness Crab Permit is transferable:

(a) To another vessel; or

(b) To the purchaser of the vessel when the vessel is sold.

(4) The vessel to which an Ocean Dungeness Crab Permit is transferred:

(a) Shall not be more than 10 feet longer than the vessel which held the permit on January 1, 2006, except that a permit transferred to to a vessel that is more than 10 feet shorter than the vessel for which the permit was held on January 1, 2013, may subsequently be transferred to a vessel of a length equal to or less than the length of the vessel for which the permit was held on January 1, 2013;

(b) Shall not be more than 99 feet in length; and

(c) Shall not be more than 26 feet in length if the Ocean Dungeness Crab Permit was obtained as a result of qualifying under subsection (1)(e) of ORS 508.931.

(5) For the purpose of subsection (4)(a) of this rule, the Commercial Fishery Permit Board may waive the vessel length restriction if it finds that strict adherence to this requirement was not met as a result of undue hardship as defined in OAR 635-005-0240.

(6) In the event a vessel is destroyed due to fire, capsizing, sinking or other event, the vessel owner has up to two years to transfer the Ocean Dungeness Crab Permit to a replacement vessel.

(7) Ocean Dungeness Crab Permit transfers are suspended during split season openings as pursuant to OAR 635-005-0465(2).

(8) In the event a buyer fails to complete a purchase agreement for a vessel permit, the seller is eligible for a temporary transfer of the vessel permit back to the seller, if a preliminary injunction is issued by a circuit court requiring the State Department of Fish and Wildlife to allow the seller to continue to operate a vessel in the fishery during the pendency of the proceeding. An order granting a preliminary injunction under this section must include a finding that allowing the seller to continue to operate a vessel in the fishery will not cause excessive harvest pressure on the fishery resource.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 150-2017, amend filed 12/12/2017, effective 01/01/2018
DFW 113-2014, f. 8-5-14, cert. ef. 8-15-14
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0445 Logbook Required — Ocean Dungeness Crab Fishery

(1) The Department shall make available a logbook to each licensed commercial fishing vessel which holds a valid Ocean Dungeness Crab Permit.

(2) The permit holder is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, each permit holder shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, each permit holder shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0446 Electronic Monitoring

Vessels with an authorized Electronic Monitoring system may possess, or possess and land, Dungeness crab in an area that is otherwise closed to take of Dungeness crab for commercial purposes. Electronic Monitoring is not required to transit Marine Reserves per OAR 635-012-0050 or Marine Protected Areas per 635-012-0070, or to transit and land crab into Biotoxin Management Zones designated by the Oregon Department of Agriculture. An authorized Electronic Monitoring system must meet all the following conditions:

(1) The vessel must:

(a) Possess and use an activated Vessel Monitoring System (VMS) that is type-approved by the National Marine Fisheries Service (NMFS) Office of Law Enforcement (OLE), and comply with all requirements per the Code of Federal Regulations, Title 50:

(A) Chapter IV, Part 660, Subpart C, Section 660.14;

(B) Chapter IV, Part 660, Subpart K, Section 660.712 or 660.713;

(b) Possess and use an activated Electronic Monitoring (EM) system that transmits data to an EM service provider no later than the end of each fishing trip, and:

(A) The EM service provider must receive transmissions and provide automated data access to the Pacific States Marine Fisheries Commission (PSMFC) in a format consistent with PSMFC specifications where it is available to ODFW and Oregon State Police (OSP) for management and enforcement; and

(B) The vessel operator must ensure the EM system is maintained in good working order; make the EM system available for inspection by ODFW, OSP, or the U.S. Coast Guard; ensure the EM signal is not interfered with, disabled, or destroyed and is operated according to service provider instructions; and pay all service provider charges to ensure continuous operation of the EM system.

(2) The VMS or EM system required by section (1) of this rule must transmit vessel location and speed at least once every 60 minutes.

(3) The vessel must maintain continuous transit through the closed area until reaching the port of landing designated under section (4) or (5) of this rule. For the purposes of this rule, continuous transit means that the vessel crosses an area closed to take of Dungeness crab for commercial purposes on a heading as nearly as practicable to a direct route, consistent with navigational safety, while maintaining expeditious headway throughout the transit without loitering or delay.

(4) The vessel must be registered with the Department at least 72 hours prior to entering a closed area by completing the online form at https://www.dfw.state.or.us/MRP/shellfish/commercial/crab/Closed_Area_Transit_Info.asp.

(5) The vessel must make a declaration prior to each time the vessel enters a closed area by submitting an online form at https://www.dfw.state.or.us/MRP/shellfish/commercial/crab/Closed_Area_Transit_Info.asp or by calling 541-857-2522 and giving the following information:

(a) Vessel name;

(b) Estimated date and time the vessel will enter closed area;

(d) Any changes from registration information required in section (4)(B)-(4)(F).

History

Statutory/Other Authority: ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.129 & ORS 506.109
DFW 79-2024, adopt filed 09/16/2024, effective 09/16/2024

Or. Admin. R. 635-005-0450 Vessel Length Modification in Ocean Dungeness Crab Fishery

No vessel holding an Ocean Dungeness Crab Permit may 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 Department and the 60-month period shall begin on the date the Department receives notification.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.936
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0455 License Limitation

(1) In the event that a license limitation measure is adopted by the Commission, August 14, 1991, shall be used as the eligibility date for participation in the Dungeness crab fishery.

(2) In the event that a license limitation measure in addition to any limitation established under section (1) of this rule is adopted by the Commission for the late season, participation in the Ocean Dungeness Crab Fishery after August 14, 2018 shall not be used to determine eligibility for participation in the late season Dungeness crab fishery. For the purposes of this rule, “late season” means all or any part of the season occurring between April 1 and August 14.

History

Statutory/Other Authority: ORS 506.036, ORS 506.109, ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.109, ORS 506.129 & ORS 506.931
DFW 149-2019, amend filed 09/30/2019, effective 10/01/2019
Renumbered from 635-005-0040, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 124-1991, f. 10-23-91, cert. ef. 10-25-91

Or. Admin. R. 635-005-0460 Harvest Areas — Dungeness Crab Fishery

(1) Oregon Dungeness crab permits are valid only in Oregon state waters and the Pacific Ocean in federal waters south of an east-west line extending westward at 46º 15' 00" North Latitude (Oregon/Washington border) and north of an east-west line at 42º 00' 00" North Latitude (Oregon/California border).

(2) From May 1 through August 14 it is unlawful to place, operate, or leave commercial Dungeness crab gear seaward of the 40 fathom depth contour (defined by latitude and longitude) as shown in Title 50 Code of Federal Regulations Part 660 Section 71. Any commercial Dungeness crab gear found seaward of the 40 fathom depth contour from May 21 through August 14 shall be considered derelict and may be retrieved per 635-005-0490.

History

Statutory/Other Authority: ORS 506.036, 506.119 & 506.129
Statutes/Other Implemented: 506.129 & ORS 506.109
DFW 7-2026, temporary amend filed 01/23/2026, effective 02/16/2026 through 08/14/2026
DFW 79-2023, amend filed 08/08/2023, effective 08/08/2023
DFW 131-2020, amend filed 09/25/2020, effective 09/25/2020
Renumbered from 635-005-0042, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 41-2007, f. & cert. ef. 6-8-07
DFW 129-2006(Temp), f. 12-12-06, cert. ef. 1-1-07 thru 6-29-07
DFW 117-2005, f. 10-7-05, cert. ef. 12-1-05

Or. Admin. R. 635-005-0465 Closed Season in Pacific Ocean and Columbia River

(1) It is unlawful to take, land or possess Dungeness crab for commercial purposes from the Pacific Ocean or Columbia River from August 15 through December 1, 08:59 AM.

(2) The season opening for the commercial Ocean Dungeness crab fishery may be delayed in one or more fishing zones based on the results of crab quality testing. The Pre-season Testing Protocol for the Tri-State Coastal Dungeness crab Commercial Fishery (hereafter, “Tri-State Protocol”) specifies the process for establishing fishing zones (section VI) and coordinating the opening of the fishery in Washington, Oregon, and California north of Point Arena (sections IV and V). Therefore, the following sections of the Tri-State Protocol (July 2024) are hereby incorporated into Oregon Administrative Rule by reference:

(a) Section IV – Season Opening Criteria.

(b) Section V – Test Fishing and Process for Setting the Season Opening Date.

(c) Section VI – Procedure for Establishing Fishing Zones. As used in the Tri-State Protocol “fishing” means any operation of Dungeness crab fishing gear to take, possess on board, or land Dungeness crab for commercial purposes, except setting Dungeness crab gear for another vessel as allowed per OAR 635-005-0405(1). In the event that crab quality tests do not meet the criteria for opening the season on December 1, the Director shall adopt temporary rules delaying the season in accordance with the Tri-State Protocol.

(3) It is unlawful to land, receive or buy, Dungeness crab in the first thirty days of the ocean Dungeness crab fishery from a vessel that has not been certified by officials of the State of Oregon, Washington, or California to have been free of Dungeness crab before fishing in the ocean Dungeness crab fishery. In the event the area between Gray’s Harbor, Washington and Point Arena, California is divided into zones with different season opening dates, the ocean Dungeness crab fishery refers to the fishery in that zone for the purposes of this rule.

(4) In the event the area between Gray’s Harbor, Washington and Point Arena, California is divided into zones with different season opening dates, the transfer of a permit from one vessel to another is suspended from the earliest season opening date through thirty days after the latest season opening date, except in the event a vessel is unintentionally destroyed due to fire, capsizing, sinking, or other event.

(5) Upon a determination by the Department that catch in Oregon's ocean Dungeness crab fishery after May 31 is greater than ten percent of the catch in the previous December 1 through May 31 period, the Director shall adopt a temporary rule closing the commercial season until the following December 1.

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

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 506.109 & ORS 506.129
DFW 109-2025, temporary amend filed 12/19/2025, effective 12/19/2025 through 03/31/2026
DFW 108-2025, temporary amend filed 12/05/2025, effective 12/05/2025 through 03/31/2026
DFW 106-2025, temporary amend filed 11/21/2025, effective 11/27/2025 through 03/31/2026
DFW 3-2025, temporary amend filed 01/07/2025, effective 01/11/2025 through 03/31/2025
DFW 105-2024, temporary amend filed 12/06/2024, effective 12/12/2024 through 03/31/2025
DFW 104-2024, temporary amend filed 11/20/2024, effective 11/27/2024 through 03/31/2025
DFW 79-2024, amend filed 09/16/2024, effective 09/16/2024
DFW 5-2024, temporary amend filed 01/23/2024, effective 01/28/2024 through 03/31/2024
DFW 118-2023, temporary amend filed 12/21/2023, effective 12/27/2023 through 03/31/2024
DFW 115-2023, temporary amend filed 12/11/2023, effective 12/12/2023 through 03/31/2024
DFW 113-2023, temporary amend filed 11/21/2023, effective 11/27/2023 through 03/31/2024
DFW 112-2023, minor correction filed 11/20/2023, effective 11/20/2023
DFW 7-2023, temporary amend filed 01/26/2023, effective 01/26/2023 through 03/31/2023
DFW 2-2023, temporary amend filed 01/06/2023, effective 01/06/2023 through 03/31/2023
DFW 150-2022, temporary amend filed 11/18/2022, effective 12/01/2022 through 03/31/2023
DFW 8-2021, temporary amend filed 02/08/2021, effective 02/08/2021 through 02/15/2021
DFW 151-2020, temporary amend filed 12/09/2020, effective 12/09/2020 through 02/15/2021
DFW 148-2020, temporary amend filed 11/19/2020, effective 11/20/2020 through 02/15/2021
DFW 131-2020, amend filed 09/25/2020, effective 09/25/2020
DFW 181-2019, temporary amend filed 12/20/2019, effective 12/20/2019 through 02/15/2020
DFW 167-2019, temporary amend filed 11/14/2019, effective 11/16/2019 through 02/15/2020
DFW 166-2019, temporary amend filed 11/13/2019, effective 11/13/2019 through 11/15/2019
DFW 149-2019, amend filed 09/30/2019, effective 10/01/2019
DFW 57-2019, temporary amend filed 05/10/2019, effective 07/23/2019 through 08/15/2019
DFW 56-2019, temporary amend filed 05/10/2019, effective 05/10/2019 through 07/22/2019
DFW 20-2019, temporary amend filed 02/14/2019, effective 04/01/2019 through 07/22/2019
DFW 19-2019, temporary amend filed 02/14/2019, effective 02/16/2019 through 03/31/2019
DFW 18-2019, temporary amend filed 02/14/2019, effective 02/14/2019 through 02/15/2019
DFW 15-2019, temporary amend filed 01/31/2019, effective 04/01/2019 through 07/22/2019
DFW 14-2019, temporary amend filed 01/31/2019, effective 02/16/2019 through 03/31/2019
DFW 13-2019, temporary amend filed 01/31/2019, effective 01/31/2019 through 02/15/2019
DFW 9-2019, temporary amend filed 01/24/2019, effective 04/01/2019 through 07/22/2019
DFW 8-2019, temporary amend filed 01/24/2019, effective 02/16/2019 through 03/31/2019
DFW 7-2019, temporary amend filed 01/24/2019, effective 01/24/2019 through 02/15/2019
DFW 191-2018, temporary amend filed 12/31/2018, effective 02/16/2019 through 03/31/2019
DFW 190-2018, temporary amend filed 12/31/2018, effective 12/31/2018 through 02/15/2019
DFW 176-2018, temporary amend filed 11/14/2018, effective 11/14/2018 through 02/15/2019
DFW 23-2018, temporary amend filed 02/16/2018, effective 05/16/2018 through 07/09/2018
DFW 22-2018, temporary amend filed 02/16/2018, effective 02/16/2018 through 05/15/2018
DFW 14-2018, temporary amend filed 02/02/2018, effective 05/16/2018 through 07/09/2018
DFW 13-2018, temporary amend filed 02/02/2018, effective 02/02/2018 through 05/15/2018
DFW 4-2018, temporary amend filed 01/11/2018, effective 05/16/2018 through 07/09/2018
DFW 3-2018, temporary amend filed 01/11/2018, effective 01/11/2018 through 05/15/2018
DFW 146-2017, temporary amend filed 11/16/2017, effective 11/17/2017 through 05/15/2018
DFW 12-2017(Temp), f. & cert. ef. 2-10-17 thru 8-8-17
DFW 11-2017(Temp), f. & cert. ef 2-8-17 thru 8-5-17
DFW 8-2017(Temp), f. & cert. ef. 2-2-17 thru 7-31-17
DFW 152-2016(Temp), f. & cert. ef. 12-22-16 thru 6-19-17
DFW 150-2016(Temp), f. 12-13-16, cert. ef. 12-18-16 thru 6-15-17
DFW 146-2016(Temp), f. & cert. ef. 11-23-16 thru 5-21-17
DFW 166-2015(Temp), f. 12-29-15, cert. ef. 1-1-16 thru 6-28-16
DFW 157-2015(Temp), f. & cert. ef. 11-20-15 thru 1-31-16
DFW 150-2015, f. & cert. ef. 10-29-15
DFW 157-2014(Temp), f. 11-24-14, cert. ef. 11-25-14 thru 5-23-15
DFW 113-2014, f. 8-5-14, cert. ef. 8-15-14
DFW 129-2013(Temp), f. 11-25-13, cert. ef. 12-1-13 thru 12-31-13
DFW 118-2013, f. 10-11-13, cert. ef. 10-15-13
DFW 146-2012(Temp), f. 12-11-12, cert. ef. 12-12-12 thru 6-9-13
DFW 145-2012(Temp), f. 11-14-12, cert. ef. 12-1-12 thru 12-31-12
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12, Renumbered from 635-005-0045
DFW 37-2012, f. 4-24-12, cert. ef. 5-1-12
DFW 156-2011(Temp), f. 12-9-11, cert. ef. 12-15-11 thru 1-31-12
DFW 155-2011(Temp), f. 11-18-11, cert. ef. 12-1-11 thru 12-31-11
DFW 161-2010(Temp), f. 12-9-10, cert. ef. 12-10-10 thru 2-16-11
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 140-2005(Temp), f. 12-12-05, cert. ef. 12-30-05 thru 5-31-06
DFW 129-2005(Temp), f. & cert. ef. 11-29-05 thru 12-31-05
DFW 132-2004(Temp), f. & cert ef. 12-30-04 thru 3-1-05
DFW 126-2004(Temp), f. & cert. ef. 12-21-04 thru 3-1-05
DFW 116-2004(Temp), f. & cert. ef. 12-8-04 thru 3-1-05
DFW 113-2004(Temp), f. 11-23-04, cert. ef. 12-1-04 thru 3-1-05
DFW 117-2003(Temp), f. 11-25-03, cert. ef. 12-1-03 thru 2-29-04
Suspended by DFW 133-2002(Temp), f. & cert. ef. 12-6-02 thru 1-31-03
DFW 132-2002(Temp), f. & cert. ef. 11-25-02 thru 1-31-03
DFW 129-2002(Temp), f. & cert. ef. 11-20-02 thru 1-31-03
DFW 128-2002(Temp), f. & cert. ef. 11-15-02 thru 1-31-03
DFW 39-2002, f. & cert. ef. 4-26-02
DFW 77-2000(Temp), f. 11-27-00, cert. ef. 12-1-00 thru 12-14-00
DFW 70-2000, f. & cert. ef. 10-23-00
DFW 40-1999, f. & cert. ef. 5-26-99
DFW 54-1998(Temp), f. & cert. ef. 7-24-98 thru 9-15-98
DFW 51-1998(Temp), f. 6-29-98, cert. ef. 7-1-98 thru 9-15-98
FWC 1-1996(Temp), f. 1-11-96, cert. ef. 1-13-96
FWC 89-1995(Temp), f. 11-28-95, cert. ef. 12-1-95
FWC 89-1994(Temp), f. & cert. ef. 12-1-94
FWC 88-1994(Temp), f. 11-30-94, cert. ef. 12-1-94
FWC 70-1993, f. 11-9-93, cert. ef. 11-11-93
FWC 112-1992, f. 10-26-92, cert. ef. 11-1-92
FWC 135-1991(Temp), f. 12-10-91, cert. ef. 12-11-91
FWC 119-1989(Temp), f. 11-29-89, cert. ef. 12-1-89
FWC 102-1988, f. 11-29-88, cert. ef. 12-29-88
FWC 102-1988, f. 11-29-88, cert. ef. 12-29-88
FWC 97-1987(Temp), f. & cert. ef. 11-17-87
FWC 36-1987, f. & cert. ef. 7-1-87
FWC 78-1986(Temp), f. & cert. ef. 12-1-86
FWC 30-1985, f. 6-27-85, cert. ef. 7-1-85
FWC 45-1984, f. & cert. ef. 8-30-84
FWC 11-1984, f. 3-30-84, cert. ef. 9-16-84
FWC 39-1983(Temp), f. & cert. ef. 8-31-83
FWC 13-1983, f. & ef. 3-24-83
FWC 56-1982, f. & ef. 8-27-82
FWC 30-1985, f. 6-27-1985, cert. ef. 7-1-85, Renumbered from 625-010-0155, 635-036-0125
FWC 132-1977, f. & cert. ef. 8-4-77
FWC 30-1975, f. & cert. ef. 11-28-75
FC 293-1975, f. 6-23-75, cert. ef. 7-11-75
FC 285-1974, f. 11-27-74, cert. ef. 12-25-74
FC 246-1972, f. 5-5-72, cert. ef. 5-15-72

Or. Admin. R. 635-005-0466 Dungeness Crab Closure or Evisceration Requirement Based on Biotoxin Testing

(1) For the purposes of this rule, unless context requires otherwise, the following definitions apply:

(a) “Biotoxin management zone” means one or more harvest areas that due to test results the Oregon Department of Agriculture, in order to protect public health from domoic acid or other biotoxin concerns, has so designated in accordance with OAR 603-025-0410.

(b) “Harvest area” means a section of waters of this state or the Pacific Ocean off Oregon delineated for crab traceability purposes in accordance with OAR 635-006-0201.

(2) During any open commercial Dungeness crab season, if a biotoxin management zone is designated due to a single crab sample result at or above 20 parts per million (ppm) in the meat, it is unlawful to:

(a) Land Dungeness crab taken for commercial purposes from or into a harvest area within a biotoxin management zone that an affected crab sample was taken from starting at 12:01 a.m. on the date of harvest of the affected sample; and

(b) Land crab taken for commercial purposes from any harvest area within a biotoxin management zone where all crab samples were below 20 ppm in the meat unless the conditions set forth in OAR 603-025-0410(6) are met, starting at 12:01 a.m. on the date that test results are issued.

(3) During any open commercial Dungeness crab season, it is unlawful to land Dungeness crab taken for commercial purposes from any biotoxin management zone that was so designated due to a single crab sample result at or above 30 ppm in the viscera and below 20 ppm in the meat unless the conditions set forth in OAR 603-025-0410(6) are met, starting from:

(a) 12:01 a.m. on the date of harvest of the crab sample that was at or above 30 ppm in the viscera and below 20 ppm in the meat, if the landed Dungeness crab taken for commercial purposes was taken from a harvest area where such result was taken; or

(b) 12:01 a.m. on the date that test results are issued, if the Dungeness crab taken for commercial purposes was not taken from a harvest area where a crab sample result was at or above 30 ppm in the viscera and below 20 ppm in the meat.

(4) Unless the conditions set forth in OAR 603-025-0426 are met, it is unlawful to land crab taken for commercial purposes that:

(a) Is not harvested in the waters of this state or the Pacific Ocean off Oregon; and

(b) Is harvested from an area in which crab viscera samples that were tested under the authority of the responsible state agency showed domoic acid levels of 30 ppm or higher.

History

Statutory/Other Authority: ORS 506.036, ORS 506.109, ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.109 & ORS 506.129
DFW 173-2021, amend filed 11/29/2021, effective 11/29/2021
DFW 23-2021, temporary amend filed 03/03/2021, effective 03/03/2021 through 08/06/2021
DFW 12-2021, temporary amend filed 02/12/2021, effective 02/12/2021 through 08/06/2021
DFW 131-2020, amend filed 09/25/2020, effective 09/25/2020
DFW 149-2019, adopt filed 09/30/2019, effective 10/01/2019

Or. Admin. R. 635-005-0470 Dungeness Crab Fishery Possession and Landing Limits

(1) It is unlawful, from the second Monday in June through August 14, for any permitted ocean Dungeness crab vessel to take, land or possess more than 1,200 pounds of Dungeness crab per week from the Pacific Ocean and Columbia River. "Week" means the period beginning 12:01 a.m. local time Monday through 12 midnight Sunday.

(2) Commercial fishers must retain copies of fish landing receipts for a minimum of 90 days on board vessels landing Dungeness crab under the cumulative catch limit described in section (1) of this rule. The receipts must be available for inspection by authorized enforcement officials and by employees of the Department. Legal landing receipts are defined in OAR 635-005-0240.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0047, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 117-2005, f. 10-7-05, cert. ef. 12-1-05
DFW 40-1999, f. & cert. ef. 5-26-99

Or. Admin. R. 635-005-0475 Dungeness Crab Gear Specifications

It is unlawful for commercial purposes to:

(1) Take crab by any means other than crab pots or crab rings as defined in OAR 635-005-0240.

(2) Possess on a vessel, use, control, or operate any crab pot which is greater than thirteen cubic feet in volume, calculated using external dimensions.

(3) Possess on a vessel, use, control, or operate any crab pot which does not include a minimum of two circular escape ports of at least 4-1/4 inches inside diameter, located on the top or side of the crab pot. If escape ports are placed on the side of the crab pot, they shall be located in the upper half of the pot.

(4) Possess on a vessel, use, control, or operate any crab pot which does not have a release mechanism. Acceptable release mechanisms are:

(a) A single loop of untreated cotton not heavier than 120 thread size between crab pot lid tiedown hooks and the tiedown straps; or

(b) Any modification of the wire mesh on the top or upper half of the side of the crab pot, secured with a single strand of untreated cotton not heavier than 120 thread size, which, when removed, will create a minimum opening of at least 5 inches in diameter and will meet the following:

(A) The minimum opening may have not more than a single wire mesh (described as a “V”) that protrudes into the opening provided that mesh extends into the opening a distance of not more than 2.5 inches, as measured from the perimeter of the opening along either edge of the protruding wire mesh, to serve as an anchor for the securing cotton. The panel containing the opening and the wire mesh acting as an anchor for the securing cotton must be constructed of a single wire no greater than 0.050 inches in diameter.

(B) Cotton must not be wrapped multiple times around wire mesh and may use no more than one knot securing the wire mesh at each end.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0055, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 37-2012, f. 4-24-12, cert. ef. 5-1-12
DFW 154-2011(Temp), f. 11-18-11, cert. ef. 12-1-11 thru 5-28-12
DFW 21-2011(Temp), f. 3-14-11, cert. ef. 3-15-11 thru 4-15-11
DFW 114-2010, f. & cert. ef. 8-10-10
DFW 126-2009, f. & cert. ef. 10-7-09
DFW 101-2009(Temp), f. 8-27-09, cert. ef. 8-29-09 thru 10-31-09
DFW 54-2009(Temp), f. 5-19-09, cert. ef. 5-29-09 thru 8-28-09
DFW 145-2008(Temp), f. 11-24-08, cert. ef. 12-1-08 thru 5-29-09
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 98-2008(Temp), f. 8-19-08, cert. ef. 8-29-08 thru 10-31-08
DFW 59-2008(Temp), f. & cert. ef. 6-11-08 thru 8-28-08
DFW 29-2008(Temp), f. & cert. ef. 3-25-08 thru 8-31-08
DFW 129-2007(Temp), f. & cert. ef. 12-14-07 thru 6-7-08
DFW 127-2007(Temp), f. & cert. ef. 12-11-07 thru 6-7-08
DFW 113-2007, f. & cert. ef. 10-25-07
DFW 82-2007(Temp), f. 8-31-07, cert .ef. 9-1-07 thru 10-31-07
DFW 41-2007, f. & cert. ef. 6-8-07
DFW 11-2007, f. & cert. ef. 2-14-07
DFW 135-2006(Temp), f. & cert. ef. 12-26-06 thru 6-15-07
DFW 123-2006(Temp), f. 11-28-06, cert. ef. 12-1-06 thru 3-7-06
DFW 97-2006(Temp), f. 9-8-06, cert. ef. 9-9-06 thru 3-7-07
DWF 96-2006(Temp), f. & cert. ef. 9-8-06 thru 3-6-07
DFW 45-2006, f. 6-20-06, cert. ef. 12-1-06
FWC 2-1997, f. 1-27-97, cert. ef. 2-1-97
FWC 68-1996(Temp), f. & cert. ef. 12-5-96
FWC 84-1994, f. 10-31-94, cert. ef. 12-1-94
FWC 70-1993, f. 11-9-93, cert. ef. 11-11-93
FWC 107-1990, f. & cert. ef. 10-1-90
FWC 102-1988, f. 11-29-88, cert. ef. 12-29-88
FWC 97-1987(Temp), f. & cert. ef. 11-17-87
FWC 78-1986(Temp), f. & cert. ef. 12-1-86
FWC 30-1985, f. 6-27-85, cert. ef. 7-1-85
FWC 72-1984, f. & cert. ef. 10-22-84
FWC 45-1984, f. & cert. ef. 8-30-84
FWC 11-1984, f. 3-30-84, cert. ef. 9-16-84
FWC 13-1983, f. & cert. ef. 3-24-83
FWC 82-1982(Temp), f. & cert. ef. 11-9-82
FWC 81-1982, f. & cert. ef. 11-4-82
FWC 56-1982, f. & cert. ef. 8-27-82
FWC 49-1978, f. & cert. ef. 9-27-78, Renumbered from 635-036-0130
FC 285-1974, f. 11-27-74, cert. ef. 12-25-74, Renumbered from 625-010-0160
FC 246-1972, f. 5-5-72, cert. ef. 5-15-72

Or. Admin. R. 635-005-0480 Dungeness Crab Buoy Tag and Gear Marking Requirements

It is unlawful for commercial purposes to:

(1) Use commercial Dungeness crab gear in the Columbia River or Pacific Ocean unless the gear is individually marked with a surface buoy bearing, in a visible, legible and permanent manner, the buoy brand and buoy color(s) of the owner, and the Department buoy tag issued for the current season, provided that:

(a) The buoy brand consists of letters and/or numbers, and the buoy brand and buoy color or color combination are registered with and approved by the Department; The buoy color or color combination shall be submitted to the Department as a color photograph for registration;

(b) Only one unique buoy brand and one buoy color or color combination shall be registered to any one permitted vessel;

(c) All Dungeness crab gear fished by a permitted vessel must use only the Oregon buoy brand number and at least one buoy with the buoy color or color combination registered to that vessel in the area off of Oregon;

(d) The Department shall issue crab buoy tags to the owner of each commercial crab permit in the amount determined by OAR 635-005-0405(5);

(e) Except for replacement buoy tags, all other buoy tags eligible to a permit holder must be purchased from the Department at cost and attached to the gear prior to setting gear;

(f) Buoys attached to Dungeness crab gear must have the buoy tag securely attached to the buoy closest to the gear at the end away from the buoy line; and

(g) Additional buoy tags to replace lost tags will be issued by the Department as follows:

(A) For a catastrophic loss, as defined in OAR 635-005-0240; or

(B) If the Director finds that the loss of buoy tags was:

(i) Due to an extraordinary event;

(ii) The loss was minimized with the exercise of reasonable diligence; and

(iii) Reasonable efforts were taken to recover lost buoy tags and associated fishing gear.

(C) Upon receipt of the declaration of loss required by subsection (1)(g)(D) of this rule, and a request for replacement tags under subsection (1)(g)(B) of this rule, the Director or the Director’s designee may provide an opportunity for the permit holder requesting the replacement tags to describe why the buoy tag loss meets the criteria for replacement under subsection (1)(g)(B) of this rule. The Director or the Director’s designee shall provide the Director’s order to the permit holder and to the Department's License Services. The permit holder may appeal the Director’s findings to the Fishery Permit Review Board under OAR 635-005-0425.

(D) Permit holders (or their alternative designated on the buoy tag order form) must obtain, complete, and sign a declaration of loss under penalty of perjury in the presence of an authorized Department employee. The declaration shall state the number of buoy tags lost, the location and date where lost gear or tags were last observed, and the presumed cause of the loss.

(2) Possess on a vessel, use, control, or operate any Dungeness crab gear which does not have a tag affixed to the individual pot or ring identifying the gear as belonging to that vessel, a surface buoy bearing the Department buoy brand registered to that vessel, and a Department buoy tag issued by the Department to that vessel for the current season, as pursuant to ORS 509.415, except:

(a) To set gear as allowed under OAR 635-005-0405;

(b) Under a waiver granted by the Department to allow one time retrieval of permitted Dungeness crab gear to shore by another crab permitted vessel provided that:

(A) The vessel is incapacitated due to major mechanical failure or destroyed due to fire, capsizing, or sinking;

(B) Circumstances beyond the control of the permit holder as defined by undue hardship in OAR 635-005-0240 occurred;

(D) A copy of the waiver must be on board the vessel making the retrieval.

(c) Under a waiver granted by the Department to allow the activities described in this subsection. Waiver requests must be in writing and a waiver must be approved and issued prior to conducting the activity. A copy of the waiver must be on board the vessel conducting the activity. A waiver may be granted by the Department for a:

(A) One time change of buoy tags for gear deployed at sea associated with a Dungeness crab permit transfer under OAR 635-005-0440;

(B) One time change of buoy tags to another vessel’s tags for gear deployed at sea. The vessel making the change must be either the vessel that the deployed buoy tags are assigned to or the vessel that the new tags are assigned to;

(C) One time change of buoy tags at sea to different crab pots or rings owned by the same vessel making the change. The vessel making the change must be the vessel the buoy tags are assigned to, and gear must be transported to shore on the same fishing trip;

(D) One time attachment of late season tags to gear deployed at sea by a vessel other than the vessel the buoy tags are assigned to; or

(E) One time retrieval of permitted Dungeness crab gear to shore by another crab permitted vessel from August 1 through August 14.

(d) When retrieving derelict Dungeness crab gear as pursuant to OAR 635-005-0490 or 635-005-0491;

(e) A vessel may transit through the Columbia River and the Pacific Ocean adjacent to Oregon while possessing Dungeness crab gear not bearing Oregon buoy tags or Oregon buoy branded surface buoys, provided that the vessel is authorized and en route to participate or returning from participating in the Dungeness crab fishery of an adjacent state; or

(f) When operating crab rings in bays or estuaries, only a tag affixed to the individual ring is required.

(3) From May 1 through August 14, possess on a vessel, use, control, or operate commercial Dungeness crab gear in the Columbia River or Pacific Ocean unless the gear is individually marked with a secondary Department buoy tag issued by the Department to that vessel for the current season in addition to the buoy tag required under section (1) of this rule, provided that:

(a) The primary buoy tag shall remain attached as required per section (1) of this rule;

(b) The secondary buoy tag shall be securely attached to the buoy closest to the gear at the end away from the buoy line;

(c) The Department shall issue secondary buoy tags to the owner of each commercial crab permit in the amount requested by the permit owner, not to exceed the amount determined by OAR 635-005-0405(10);

(d) Secondary buoy tags must be purchased from the Department at cost and attached to the gear as of the effective date but no earlier than April 10;

(e) The exceptions found in sections (2)(b) through (2)(g) of this rule also apply to this section; and

(f) Any commercial Dungeness crab gear found in the ocean or Columbia River without a secondary buoy tag from May 21 through August 14 shall be considered derelict and may be retrieved per OAR 635-005-0490;

(4) From May 1 through August 14, land Dungeness crab into Oregon for commercial purposes unless secondary buoy tags have been purchased from the Department for the Oregon commercial crab permit under which the landing vessel is operating, except vessels that do not have any Dungeness crab gear deployed between 46º 15' 00" North Latitude (Oregon/Washington border) and 42º 00' 00" North Latitude (Oregon/California border) may land crab legally taken from another state into the ports of Astoria or Brookings, Oregon.

(5) Use Dungeness crab gear with line other than dual-colored yellow and black line, with the majority of strands colored yellow and at least 1/3 of strands colored black, as follows:

(a) Effective December 1, 2026:

(A) For all line used between any two buoys, except buoy gangions that are less than four feet long may be any color. A buoy gangion is defined as line that passes through, and is affixed to, the buoy forming loops on each end of the buoy. The length of a buoy gangion is measured in a straight line between the opposing loop ends;

(B) For gear with a single buoy or no line other than buoy gangions of less than four feet connecting multiple buoys, for all line within six feet of the attachment point of the buoy closest to the pot or ring, extending toward the crab pot or ring;

(b) Effective December 1, 2028, for all line within 90 feet of the attachment point of the buoy closest to the crab pot or ring extending toward the crab pot or ring, except up to 30 feet of line closest to the crab pot or ring may be any color;

(c) Effective December 1, 2026, or December 1, 2028, as applicable, and through August 14, 2033, line with solid yellow and black marks meeting the following specifications may be substituted for dual-colored yellow and black line required by this rule:

(A) Each set of marks shall cover the entire length and circumference of at least four feet of line with at least two feet yellow within six inches of at least two feet black;

(B) Marks shall be regularly serviced and maintained in a condition to readily identify the line marking scheme of yellow and black;

(i) Line between any two buoys must have at least one set of marks; and

(ii) For gear with a single buoy or no line other than buoy gangions of less than four feet connecting multiple buoys, line must have one set of marks within six feet of the buoy; and

(D) Effective December 1, 2028, the 90 feet of line measured from the attachment point of the buoy closest to the crab pot or ring extending toward the crab pot or ring must have at least three sets of marks. Sets of marks shall be distributed such that one set of marks is near each end and one set of marks is near the middle of this 90-foot section of line.

History

Statutory/Other Authority: ORS 506.036 & ORS 506.119
Statutes/Other Implemented: ORS 506.109 & ORS 506.129
DFW 7-2026, temporary amend filed 01/23/2026, effective 02/16/2026 through 08/14/2026
DFW 100-2024, amend filed 10/24/2024, effective 10/24/2024
DFW 79-2024, amend filed 09/16/2024, effective 09/16/2024
DFW 7-2024, temporary amend filed 01/29/2024, effective 01/29/2024 through 07/21/2024
DFW 6-2024, temporary amend filed 01/24/2024, effective 01/24/2024 through 07/21/2024
DFW 79-2023, amend filed 08/08/2023, effective 08/08/2023
DFW 173-2021, amend filed 11/29/2021, effective 11/29/2021
DFW 131-2020, amend filed 09/25/2020, effective 09/25/2020
DFW 65-2020, temporary amend filed 06/04/2020, effective 07/01/2020 through 08/31/2020
DFW 149-2019, amend filed 09/30/2019, effective 10/01/2019
Reverted to DFW 113-2014, f. 8-5-14, cert. ef. 8-15-14
DFW 20-2015(Temp), f. & cert. ef. 3-16-15 thru 8-14-15
DFW 113-2014, f. 8-5-14, cert. ef. 8-15-14
DFW 151-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0485 Dungeness Crab Gear Prohibitions

It is unlawful for commercial purposes to:

(1) Place, operate, or leave Dungeness crab gear in the Pacific Ocean, Columbia River or in any bay or estuary during the closed season, except that in only the Pacific Ocean and Columbia River, Dungeness crab gear may be placed no more than 73 hours immediately prior to the date the Dungeness crab season opens.

(2) Have Dungeness crab gear deployed in the Pacific Ocean or Columbia River more than 14 days without making a landing of Dungeness crab.

(3) Remove, damage, or otherwise tamper with crab buoy, pot or ring tags except:

(a) When lawfully applying or removing tags on the vessel's buoys, pots or rings; or

(b) When lawfully removing tags on crab gear retrieved under a Post-Season Derelict Gear Permit pursuant to OAR 635-005-0491 and after the gear has been registered by state officials.

(4) Attach one crab pot or ring to another crab pot or ring by a common groundline or any other means that connects Dungeness crab gear together.

(5) Take crabs for commercial purposes by crab pots from any bay or estuary except the Columbia River.

(6) Take or fish for Dungeness crab for commercial purposes in the Columbia River or Pacific Ocean adjacent to the state of Oregon unless a Dungeness crab gear allocation has been issued to the permit required under OAR 635-005-0405(5).

(7) Deploy or fish more Dungeness crab gear than the number of pots and rings in aggregate assigned by the Dungeness Crab Pot Allocation Certificate or to use any vessel other than the vessel designated on the Dungeness Crab Pot Allocation Certificate, except to set gear as allowed under OAR 635-005-0405.

(8) Use Dungeness crab gear with more line than is reasonably necessary to compensate for tides, currents, and weather.

(9) Use more surface gear than the following:

(a) One main buoy, meaning the buoy closest to the crab pot or ring;

(b) Two trailer buoys;

(c) A distance greater than 36 feet between the front end of the main buoy to the front end of the last trailer buoy. End marker buoys are not considered trailer buoys; and

(d) One end marker buoy which shall not:

(A) Extend more than three feet in length behind the last trailer buoy; or

(B) Be larger than five inches in diameter.

History

Statutory/Other Authority: ORS 506.036, 506.119 & 506.129
Statutes/Other Implemented: 506.129 & ORS 506.109
DFW 84-2026, amend filed 08/17/2026, effective 08/17/2026
DFW 79-2023, amend filed 08/08/2023, effective 08/08/2023
DFW 131-2020, amend filed 09/25/2020, effective 09/25/2020
DFW 65-2020, temporary amend filed 06/04/2020, effective 07/01/2020 through 08/31/2020
DFW 95-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 08/31/2019
DFW 150-2015, f. & cert. ef. 10-29-15
Reverted to DFW 113-2014, f. 8-5-14, cert. ef. 8-15-14
DFW 157-2014(Temp), f. 11-24-14, cert. ef. 11-25-14 thru 5-23-15
DFW 113-2014, f. 8-5-14, cert. ef. 8-15-14
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0490 Derelict Dungeness Crab Gear

Derelict Dungeness crab gear may be retrieved from the ocean, including the Columbia River, and transported to shore provided that:

(1) The retrieving vessel holds a valid boat license, issued pursuant to ORS 508.260, and the captain and crew of that vessel hold valid commercial fishing license(s), issued pursuant to ORS 508.235.

(2) The number of derelict Dungeness crab gear which may be retrieved per trip are as follows:

(a) From the opening of the ocean Dungeness crab fishery in the area where retrieval takes place until the second Monday in June of the same ocean Dungeness crab season: 25 derelict pots and rings in aggregate;

(b) From the second Monday in June through August 14: 50 derelict pots and rings in aggregate;

(d) Under a waiver granted by the Department, the amount of derelict gear specified on the waiver provided that:

(A) The vessel is operating under a state contract to recover derelict gear;

(B) A waiver request is submitted to the Department in writing;

(D) A copy of the waiver is on board the vessel during all gear recovery activities; and

(E) The vessel operator complies with all terms and conditions of the waiver.

(3) Upon retrieval from the ocean or Columbia River, the Dungeness crab gear must be un-baited.

(4) Crab from the retrieved Dungeness crab gear shall not be retained, except crab of legal size and sex may be retained by vessels holding a valid Dungeness crab permit, from the starting date through August 14 of each Dungeness crab season. Crab shall not be retained from Dungeness crab gear that is retrieved from within the boundaries of a marine reserve under any circumstances (OAR 635-012-0050).

(5) Immediately upon retrieval of Dungeness crab gear, the retrieving vessel operator must document in the retrieving vessel’s logbook the date and time of pot or ring retrieval, number of retrieved crab pots or rings in aggregate, location of retrieval, and retrieved Dungeness crab gear owner identification information.

(6) Any retrieved Dungeness crab gear must be transported to shore during the same fishing trip that retrieval took place.

History

Statutory/Other Authority: ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.129 & ORS 506.109
DFW 79-2024, amend filed 09/16/2024, effective 09/16/2024
DFW 36-2024, temporary amend filed 05/24/2024, effective 05/25/2024 through 08/14/2024
DFW 79-2023, amend filed 08/08/2023, effective 08/08/2023
DFW 41-2023, temporary amend filed 05/16/2023, effective 05/16/2023 through 08/14/2023
DFW 40-2022, temporary amend filed 05/03/2022, effective 05/03/2022 through 08/14/2022
DFW 131-2020, amend filed 09/25/2020, effective 09/25/2020
DFW 65-2020, temporary amend filed 06/04/2020, effective 07/01/2020 through 08/31/2020
DFW 95-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 08/31/2019
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0491 Post-season Derelict Gear Recovery Permits

(1) Fifteen days after the close of ocean commercial crab season, the Department may grant Post-Season Derelict Gear Recovery Permits to commercial vessels, licensed pursuant to ORS 508.260, to recover Dungeness crab gear that remains in the ocean.

(2) It is unlawful to fail to follow the provisions of a Post-Season Derelict Gear Recovery Permit.

(3) The Director or Director’s designee may grant emergency exemptions from the gear recovery program for Dungeness crab gear that was unable to be removed from the ocean prior to fifteen days after the end of the season as a result of undue hardship as defined in OAR 635-005-0240. Requests for exemptions must be submitted to the Marine Resources Program, Newport by August 29 of each year.

(4) The provisions of ORS 98.005, 98.015, 98.025 and 98.302 to 98.436 do not apply to crab pots removed from the ocean under the provisions of a Post-Season Derelict Gear Recovery Permit.

(5) Dungeness crab gear retrieved under the authority of a Post-Season Derelict Gear Recovery Permit and not subject to emergency exemption under section (3) of this rule may be disposed of at the permit holder’s discretion after documenting retrieval of the gear in accordance with permit conditions.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 150-2015, f. & cert. ef. 10-29-15
DFW 113-2014, f. 8-5-14, cert. ef. 8-15-14

Or. Admin. R. 635-005-0495 Size and Sex of Pacific Ocean Dungeness Crab

(1) It is unlawful to take, land or possess for commercial purposes:

(a) Female Dungeness crab; or

(b) Male Dungeness crab less than 6-1/4 inches measured the shortest distance through the body of the crab from edge of shell to edge of shell from directly in front of the tenth anterolateral spine.

(2) Any undersized or female Dungeness crab taken from the Pacific Ocean must be released within 15 minutes of capture unharmed into the Pacific Ocean at the point of capture.

(3) It is unlawful to possess or transport Dungeness crab that have been mutilated prior to landing so that the size or sex cannot be determined.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0060, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 102-1988, f. 11-29-88, cert. ef. 12-29-88
FWC 97-1987(Temp), f. & cert. ef. 11-17-87
FWC 78-1986(Temp), f. & cert. ef. 12-1-86
FWC 112, f. & cert. ef. 5-11-77, Renumbered from 625-010-0165, 635-036-0135
FWC 56-1976, f. & cert. ef. 4-26-76
FC 246-1972, f. 5-5-72, ef. 5-15-72

Or. Admin. R. 635-005-0500 Bay and Estuary Dungeness Crab Fishery Defined

“Bay and Estuary Dungeness crab fishery” means all fishing for Dungeness crab (Cancer magister) for commercial purposes in Oregon bays and estuaries, except the Columbia River.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0502 Logbook Required — Bay and Estuary Dungeness Crab Fishery

(1) The Department shall make available a logbook to each licensed commercial fishing vessel used to take Dungeness crab from Oregon Bays and Estuaries.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

History

Statutory/Other Authority: ORS 506.036, ORS 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 173-2021, adopt filed 11/29/2021, effective 11/29/2021
DFW 139-2021, temporary adopt filed 09/10/2021, effective 09/10/2021 through 12/31/2021

Or. Admin. R. 635-005-0505 Closed Season in Bays and Estuaries

(1) For the purposes of the Bay and Estuary Dungeness Crab Fishery, the Columbia River is considered the Pacific Ocean and is closed to all commercial harvest of Dungeness crab without a valid Ocean Dungeness Crab Permit pursuant to OAR 635-005-0405 and during the times specified in 635-005-0465.

(2) It is unlawful to take, land or possess Dungeness crab for commercial purposes from any bay or estuary other than the Columbia River so taken:

(a) From January 1 through Labor Day;

(b) During December, if the adjacent ocean area is closed as provided in 635-005-0465;

(d) On all legal state and federal holidays.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 161-2018, temporary amend filed 10/19/2018, effective 10/19/2018 through 04/16/2019
DFW 138-2017, temporary amend filed 10/23/2017, effective 10/23/2017 through 12/31/2017
Reverted to Renumbered from 635-005-0049, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 145-2016(Temp), f. & cert. ef. 11-21-16 thru 12-31-16
Reverted to Renumbered from 635-005-0049, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 156-2015(Temp), f. & cert. ef. 11-13-15 thru 12-31-15
Renumbered from 635-005-0049, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 70-1993, f. 11-9-93, cert. ef. 11-11-93

Or. Admin. R. 635-005-0510 Fishing Gear In Bays and Estuaries

In all bays and estuaries other than the Columbia river, it is unlawful for commercial purposes to:

(1) Take, land or possess Dungeness crab with any gear other than crab rings.

(2) Operate more than 15 individual crab rings from any one fishing vessel.

(3) Possess, use, control, or operate on a vessel any crab ring which does not have:

(a) A tag identifying it as belonging to that vessel.

(b) A surface buoy bearing, in a visible, legible and permanent manner either the vessel documentation number issued by the U.S. Coast Guard, or, for an undocumented vessel, the vessel registration number issued by the state.

History

Statutory/Other Authority: ORS 506.036, ORS 506.109, ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.109 & ORS 506.129
DFW 147-2019, amend filed 09/30/2019, effective 01/01/2020
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0515 Size and Sex of Bay and Estuary Dungeness Crab

(1) It is unlawful to take, land or possess for commercial purposes:

(a) Female Dungeness crab; or

(b) Male Dungeness crab less than 6-1/4 inches measured the shortest distance through the body of the crab from edge of shell to edge of shell from directly in front of the tenth anterolateral spine.

(2) Any undersized or female Dungeness crab taken from a bay must be released immediately unharmed into the fishing area and not brought to the dock.

(3) It is unlawful to possess or transport Dungeness crab that have been mutilated prior to landing so that the size or sex cannot be determined.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0520 Red Rock, Box, Tanner, and other Crab Fishery Defined

“Red Rock, Box, Tanner and Other Crab fisheries” means all fishing for red rock crab (Cancer productus) in Oregon estuaries and the Pacific Ocean for commercial purposes, and all fishing for box crab (Lopholithodes foraminatus) Tanner crab (Chinoecetes tanneri), Oregon hair crab (Paralomis multispina) and scarlet king crab (Lithodes couesi) in the Pacific Ocean for commercial purposes.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0525 Permits Required for Red Rock Crab and Box Crab

(1) It is unlawful to take, land or possess red rock crab from bays and estuaries without first obtaining a Commercial Shellfish And Intertidal Animal Harvest Permit pursuant to OAR 635-005-0245 and 635-005-0250.

(2) It is unlawful to take, land or possess red rock crab or box crab the Pacific Ocean without first obtaining an Ocean Dungeness Crab Permit pursuant to OAR 635-005-0405.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129, 506.306, 508.116 & 508.926
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0530 Tanner and Box Crab Taken in Trawl Nets

Notwithstanding OAR 635-005-0540, the Department may issue permits to land Tanner and box crab taken as incidental catch in trawl nets outside Oregon waters.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
Renumbered from 635-005-0063, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 30-1985, f. 6-27-85, ef. 7-1-85, Renumbered from 635-005-0056
FWC 17-1982, f. & ef. 3-22-82
FWC 12-1982, f. & ef. 2-16-82

Or. Admin. R. 635-005-0535 Closed Season — Red Rock, Box, Tanner, and other Crab Fisheries

(1) It is unlawful to take, land or possess Tanner, Oregon hair and scarlet king crab from the Pacific Ocean from November 1 until the opening of the next ocean Dungeness crab season in that area.

(2) It is unlawful to retain red rock and box crab when the Dungeness crab fishery is closed pursuant to OAR 635-005-0465.

(3) It is unlawful to take, land or possess red rock crab in Oregon bays or estuaries when the Dungeness crab fishery is closed pursuant to OAR 635-005-0505.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0064, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 149-2008, f. & cert. ef. 12-17-08
DFW 4-2008, f. & cert. ef. 1-23-08
DFW 93-1998, f. & cert. ef. 11-25-98
FWC 84-1994, f. 10-31-94, cert. ef. 12-1-94
FWC 30-1985, f. 6-27-85, ef. 7-1-85
FWC 17-1982, f. & ef. 3-22-82
FWC 12-1982, f. & ef. 2-16-82

Or. Admin. R. 635-005-0540 Fishing Gear — Tanner, Oregon Hair and Scarlet King Crab

(1) Except as provided in OAR 635-005-0530, it is unlawful to take Tanner, Oregon hair and scarlet king crab for commercial purposes except by crab rings, crab pots, and crab pot longline gear. Crab pots and crab pot longline gear must comply with the provisions contained in OAR 635-005-0275. “Crab pot longline gear” means a stationary and buoyed groundline with one or more crab pots or traps attached, with a line attached to surface floats and is used for the taking of only Tanner, Oregon hair or scarlet king crab.

(2) Except as provided in OAR 635-005-0530, it is unlawful to take red rock and box crab for commercial purposes except by crab rings and crab pots. Crab rings and crab pots must comply with the provisions contained in OAR 635-005-0480 and 635-005-0485.

(a) It is unlawful to take, land or possess red rock crab for commercial purposes from any bay or estuary with any gear other than crab rings.

(b) A maximum of 15 individual crab rings may be used from any one fishing vessel in any bay or estuary red rock crab fishery.

(3) When fishing for Tanner, Oregon hair and scarlet king crab, all buoys must be inscribed with an annual identification buoy number issued by the Department. No other brand number is allowed on the buoy.

(4) It is unlawful to possess, use, control, or operate on a vessel any crab pot, crab ring or crab longline gear which does not have a tag identifying it as belonging to that vessel.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0065, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 149-2008, f. & cert. ef. 12-17-08
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 4-2008, f. & cert. ef. 1-23-08
FWC 84-1994, f. 10-31-94, cert. ef. 12-1-94
FWC 30-1985, f. 6-27-85, ef. 7-1-85

Or. Admin. R. 635-005-0545 Fishing Area — Tanner, Oregon Hair and Scarlet King Crab

It is unlawful to take Tanner, Oregon hair and scarlet king crab from the Pacific Ocean shoreward of the 40 fathom contour line as defined in the Code of Federal Regulations Title 50, Section 660.71(k).

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0066, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 4-2008, f. & cert. ef. 1-23-08
FWC 84-1994, f. 10-31-94, cert. ef. 12-1-94
FWC 30-1985, f. 6-27-85, ef. 7-1-85

Or. Admin. R. 635-005-0550 Size and Sex — Tanner, Oregon Hair and Scarlet King Crab

There are no size or sex restrictions for the taking of red rock, box, Tanner, Oregon Hair and scarlet king crab. However, these crab shall not be mutilated before landing so that species cannot be determined.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
Renumbered from 635-005-0067, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 149-2008, f. & cert. ef. 12-17-08
FWC 30-1985, f. 6-27-85, ef. 7-1-85

Or. Admin. R. 635-005-0555 Incidental Catch Limits

(1) All groundfish, Dungeness crab and salmon, as defined in OAR 635-005-0240, taken in any commercial Tanner, Oregon hair and scarlet king crab fishery must be returned to the water immediately.

(2) All groundfish and salmon, as defined in OAR 635-005-0240, taken in any commercial red rock or box crab fishery must be returned to the water immediately.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
Renumbered from 635-005-0068, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 149-2008, f. & cert. ef. 12-17-08

Or. Admin. R. 635-005-0560 Tanner Crab Notification of Activity

(1) All Tanner crab fishers must provide, to Department offices and processing plants on the list provided by the Marine Resources Program office in Newport, a Notice of Intent to set gear at least one week in advance of any gear being set. A Notice of Intent to set gear must include: the vessel name; general area of expected fishing activity; and dates of expected fishing activity.

(2) Once fishing gear has been placed in the water, all Tanner crab fishers must provide to Department offices and processing plants on the list provided by the Marine Resources Program office in Newport, a Notice of Location of set gear within 24 hours. A Notice of Location of set gear must include: the vessel name; exact location of gear (depth and latitude/longitude or loran); and dates of intended fishing activity. If individual strings of gear are more than one mile from each other, the ends of each string must be identified. If individual strings of gear are less than one mile from each other, the block of gear may be identified. If gear is moved more than 5 miles, a new Notice of Location of set gear must be distributed.

(3) If more than 5 pots are lost in any one location, a Notice of Lost Gear must be sent to the Department's Marine Resources Program office in Newport within 24 hours. A Notice of Lost Gear must include: the vessel name; a best estimate of location of lost gear (depth, latitude and longitude or loran); and the amount of gear lost.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
Renumbered from 635-005-0069, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 149-2008, f. & cert. ef. 12-17-08

Or. Admin. R. 635-005-0565 Logbook Required — Red Rock, Box, Tanner, and other Crab Fisheries

(1) The Department shall make available a logbook to each licensed commercial fishing vessel used to take any of the species outlined in OAR 635-005-0520.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0570 Organization of Shrimp Fishery Rules

The Shrimp Section includes regulations for the Pink Shrimp, Spot and Coonstripe Shrimp, and Brine Shrimp fisheries.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0575 Pink Shrimp Fishery Defined

“Pink shrimp fishery” means the commercial fishery targeting smooth pink or ocean shrimp (Pandalus jordani) in the Pacific Ocean.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0580 Requirement for Pink Shrimp Permit

(1) It is unlawful to take, land or possess pink shrimp for commercial purposes without first obtaining a Pink Shrimp Permit pursuant to ORS 508.880 and 508.883.

(2) It is unlawful for a wholesaler, canner, or buyer to buy or receive pink shrimp taken in the pink shrimp fishery from a vessel for which the permit required by this rule has not been issued.

(3) The Pink Shrimp Permit required by section (1) of this rule is in addition to and not in lieu of the commercial fishing and boat license required by ORS 508.235 and 508.260.

(4) No vessel may hold more than one Pink Shrimp Permit at any one time.

(5) Unless otherwise provided, Pink Shrimp Permits must be purchased by December 31 of the year the permit is sought for renewal.

(6) Applications for Pink Shrimp Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of vessel may be required at the time of application.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129, 506.306 & 508.880
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0590 Eligibility Requirements for a Pink Shrimp Permit

(1) An individual or a commercial licensed vessel under ORS 508.260 is eligible to obtain a Pink Shrimp Permit required by OAR 635-005-0580:

(a) By renewal of the previous year’s permit as specified in OAR 635-005-0605; or

(b) Through the lottery if a lottery is held in accordance with OAR 635-005-0610.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.886
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0595 Revocation and Refusal to Issue Pink Shrimp Permits

The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a Pink Shrimp Permit pursuant to ORS 508.898.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.898
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0600 Review of Denials — Pink Shrimp Permits

(1) An individual whose application for issuance, renewal or transfer of a Pink Shrimp Permit established pursuant to OAR 635-005-0580, 635-005-0605 or 635-005-0615 is denied may make written request to the Board for review of the denial. The procedure for requesting review and the applicable standard of review of denial for a Pink Shrimp Permit shall be as pursuant to ORS 508.910.

(2) The Board may delegate to the Department its authority to waive requirements for renewal of permits in all fisheries in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(3) A $125.00 non-refundable application fee for Board review will be charged. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee.

(4) Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to ORS 183.550.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.910
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0605 Renewal of Pink Shrimp Permit

(1) Pink Shrimp Permits may be renewed the following year pursuant to ORS 508.892 and ORS 508.901.

(2) An application for renewal of a Pink Shrimp Permit shall be considered complete if it is legible, has all information requested in the form, is accompanied by the required fee in full, and is date-stamped or postmarked by December 31 of the year the permit is sought for renewal. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by December 31 of the permit year sought, the individual shall not be considered to have applied for renewal in a timely manner.

(3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application may not be grounds for treating the application as having been filed in a timely and complete manner.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 508.880, ORS 508.892 & ORS 508.901
DFW 122-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 99-2025, temporary amend filed 10/07/2025, effective 10/15/2025 through 12/31/2025
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 32-2013, f. & cert. ef. 5-14-13
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0610 Lottery for Limited Entry Pink Shrimp Permits

(1) If the number of Pink Shrimp Permits issued in accordance with ORS 508.892 falls below 150, the Department may issue Pink Shrimp Permits by a lottery system pursuant to 508.904. However, the total number of Pink Shrimp Permits issued shall not exceed 150.

(2) Each applicant for a permit lottery shall complete the application form prescribed by the Department.

(3) Application for vessel permits shall only be accepted for vessels which, in the judgment of the Department, are capable of operating the gear necessary to legally participate in the fishery. Vessels of a size or design incapable of harvesting the permitted species are not eligible for the lottery.

(4) Only one application per vessel may be submitted for each permit fishery lottery.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0615 Transferability of Pink Shrimp Permits

(1) Any transfer of a Pink Shrimp Permit away from a vessel without the written consent of each person holding a security interest in such vessel is void. Pink Shrimp Permit holders may transfer a permit pursuant to ORS 508.907.

(2) In the event a buyer fails to complete a purchase agreement for a vessel permit, the seller is eligible for a temporary transfer of the vessel permit back to the seller, if a preliminary injunction is issued by a circuit court requiring the State Department of Fish and Wildlife to allow the seller to continue to operate a vessel in the fishery during the pendency of the proceeding. An order granting a preliminary injunction under this section must include a finding that allowing the seller to continue to operate a vessel in the fishery will not cause excessive harvest pressure on the fishery resource.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.907
DFW 150-2017, amend filed 12/12/2017, effective 01/01/2018
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0620 Logbook Required — Pink Shrimp Fishery

(1) The Department shall make available a logbook to each licensed commercial fishing vessel which holds a valid Pink Shrimp Permit.

(2) Each permit holder or vessel operator is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the permit holder shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the permit holder shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0625 Closed Season — Pacific Ocean Pink Shrimp Fishery

(1) It is unlawful to take, land, or possess pink shrimp from the Pacific Ocean from November 1 of any year through March 31 of the following year.

(2) Notwithstanding the provisions of section (1) of this rule, it is lawful to possess pink shrimp taken from the Pacific Ocean during the period November 1 of any year through March 31 of the following year, if such shrimp were taken north of 48°30' north latitude (U.S.-Canada border).

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0185, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 94-1987(Temp), f. & cert. ef. 10-30-87
FWC 30-1985, f. 6-27-85, cert. ef. 7-1-85
FWC 19-1982, f. & cert. ef. 3-22-82
FWC 36-1981(Temp), f. & cert. ef. 9-22-81
FWC 59-1980(Temp), f. & cert. ef. 10-21-80
FWC 57-1980(Temp), f. & cert. ef. 10-3-80
FWC 34-1980(Temp), f. & cert. ef. 7-1-80
FWC 24-1980(Temp), f. & cert. ef. 5-30-80
FWC 30-1979(Temp), f. & cert. ef. 8-16-79, Renumbered from 635-036-0150
FWC 22-1979(Temp), f. 7-18-79, cert. ef. 7-19-79
FWC 50-1978, f. & cert. ef. 9-27-78
FWC 167-1977, f. & cert. ef. 10-23-77
FWC 154-1978(Temp), f. & cert. ef. 10-12-77 thru 2-8-78, Renumbered from 625-010-0240
FC 256-1972, f. 12-1-72, cert. ef. 12-15-72
FC 241-1972, f. 4-5-72, cert. ef. 4-15-72

Or. Admin. R. 635-005-0630 Fishing Gear — Pink Shrimp Fishery

(1) It is unlawful to take pink shrimp for commercial purposes by any means other than trawl net or pots.

(2) It is unlawful to fish with trawl gear for pink shrimp for commercial purposes unless an approved rigid-grate bycatch reduction device is used in each net. A rigid-grate bycatch reduction device uses a rigid panel of narrowly spaced bars to guide fish out of an escape hole in front of the panel, generally in the top of the net. The panel may be hinged to facilitate rolling over a net reel. An approved rigid-grate bycatch reduction device must meet the following criteria:

(a) The exterior circumference of the rigid panel must fit completely within the interior circumference of the trawl net, such that there is no space between the panel and the net that will allow a 110 mm sphere to pass beyond the panel, into the terminal area of the codend;

(b) None of the openings between the bars in the rigid panel may exceed 0.75 inches.

(d) The escape hole must be forward of the rigid panel and must begin within four meshes of the furthest aft point of attachment of the rigid panel to the net.

(3) It is unlawful to fish with trawl gear for pink shrimp for commercial purposes unless footrope lighting devices that have been approved by the Department are used in each net. A list of approved footrope lighting devices is available from the Department. Footrope lighting devices must meet the following criteria:

(a) Lighting devices must be operational;

(b) Lighting devices must be securely attached within 6 inches of the forward leading edge of the bottom panel of trawl netting; and

(4) All bycatch reduction devices, codends, and footrope lighting devices used for trawl fishing for pink shrimp must be readily accessible and made available for inspection at the request of an authorized agent of the state. No trawl gear may be removed from the vessel prior to offloading of shrimp.

(5) It is unlawful to modify bycatch reduction devices or footrope lighting devices in any way that interferes with their ability to allow fish to escape from the trawl.

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

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 8-2018, amend filed 01/23/2018, effective 01/23/2018
Renumbered from 635-005-0190, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 158-2010, f. 12-6-10, cert.ef. 1-1-11
DFW 24-2003, f. & cert. ef. 3-26-03
DFW 56-2002(Temp), f. 5-29-02, cert. ef. 7-1-02 thru 10-31-02
DFW 63-2001(Temp), f. 7-24-01, cert. ef. 8-1-01 thru 10-31-01
DFW 31-2001, f. & cert. ef. 5-4-01
FWC 30-1985, f. 6-27-85, ef. 7-1-85
FC 241-1972, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0245, 635-036-0155

Or. Admin. R. 635-005-0635 Mesh Restriction

It is unlawful to land shrimp taken south of the Oregon-California border with nets having a mesh size of less than 1-3/8 inches between knots.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0186, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 35-1995, f. 5-3-95, cert. ef. 5-5-95
FWC 34-1982, f. & ef. 6-1-82
FWC 26-1982, f. & ef. 4-30-82

Or. Admin. R. 635-005-0640 Incidental Catch Limit

(1) It is unlawful for a commercial fishing vessel taking shrimp for commercial purposes to land an incidental catch of groundfish in excess of 500 pounds per day, multiplied by the number of days of the fishing trip, not to exceed 1,500 total pounds of groundfish for the fishing trip.

(2) In addition to section (1) of this rule, the following sublimits also apply and are counted toward the daily and fishing trip limits:

(a) Lingcod: 300 pounds per month; and

(b) Sablefish: 2,000 pounds per month.

(3) The amount of groundfish landed described in sections (1) and (2) of this rule shall not exceed the amount of pink shrimp landed on any single fishing trip.

(4) It is unlawful to have on board a commercial fishing vessel taking pink shrimp for commercial purposes any canary rockfish, yelloweye rockfish, and any species of thornyhead.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0195, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 112-90, f. 10-3-90, cert. ef. 10-5-90
FWC 42-1983(Temp), f. 9-9-83, cert. ef. 9-10-83
FWC 41-1983(Temp), f. & cert. ef. 9-6-83
FWC 34-1983, f. & cert. ef. 8-1-83
FWC 10-1983, f. & cert. ef. 3-1-83
FC 241, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0250, 635-036-0160

Or. Admin. R. 635-005-0645 Maximum Count Per Pound

(1) It is unlawful to possess or land pink shrimp from any one trip or landing which exceeds an average count of 160 whole shrimp per pound. This rule shall not apply to landings or possession of less than 3,000 pounds of pink shrimp.

(2) To determine average count per pound when a landing exceeds 3,000 pounds of shrimp, one sample must be taken from each one thousand pounds up to a maximum requirement of 20 samples. The sampling unit shall consist of at least one pound of whole unbroken shrimp.

(3) For the purpose of determining count per pound "whole shrimp" and "whole unbroken shrimp" are defined as shrimp in which the body is substantially intact, including an identifiable carapace, abdomen, and telson (tail). It is not intended to require shrimp to have an unbroken rostrum, complete set of legs, antennae, or other appendages.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0200, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 70-1993, f. 11-9-93, cert. ef. 11-11-93
FWC 30-1985, f. 6-27-85, ef. 7-1-85
FWC 34-1982, f. & ef. 6-1-82

Or. Admin. R. 635-005-0650 Spot and Coonstripe Shrimp Fishery Defined

“Spot and coonstripe shrimp fisheries” means the commercial fisheries for spot shrimp (Pandalus platyceros) and coonstripe shrimp (Pandalus danae) in the Pacific Ocean.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0655 Closed Season — Spot and Coonstripe Shrimp

There is no closed season for the taking of spot or coonstripe shrimp.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
Renumbered from 635-005-0205, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
Reverted to FWC 30-1985, f. 6-27-85, ef. 7-1-85
DFW 113-2003(Temp), f. 11-21-03, cert. ef. 11-21-03 thru 12-31-03
FWC 30-1985, f. 6-27-85, ef. 7-1-85

Or. Admin. R. 635-005-0660 Fishing Gear — Spot and Coonstripe Shrimp

(1) It is unlawful to take spot or coonstripe shrimp for commercial purposes by any means other than pots or traps, except spot or coonstripe shrimp may be taken incidentally by trawls legal for the taking of pink shrimp during open pink shrimp seasons or trawls legal for the taking of groundfish when the established seasons for those species are open.

(2) Pots or traps used to take spot or coonstripe shrimp must comply with the following provisions:

(a) Pots or traps must have entrance tunnels no smaller than 1.5 inches at the narrowest point and no larger than 3.0 inches at the widest point;

(b) No triggers of any kind may be used on the inside of entrance tunnels; and

(c) Pots or traps must have with at least one escape panel constructed with #21 or smaller untreated cotton in such manner than an opening of at least five inches in diameter will result when the twine deteriorates.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 32-2013, f. & cert. ef. 5-14-13
Renumbered from 635-005-0210, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 15-1986, f. & ef. 5-20-86
FWC 30-1985, f. 6-27-85, ef. 7-1-85

Or. Admin. R. 635-005-0665 Fishing Area — Spot and Coonstripe Shrimp

(1) It is unlawful to take, land or possess spot or coonstripe shrimp from areas other than the Pacific Ocean.

(2) It is unlawful to land or possess spot shrimp taken from the Pacific Ocean north of the Oregon/Washington border (46°15.00' North Latitude) without the licenses and permits required to commercially fish for spot shrimp within the state waters of Washington.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 32-2013, f. & cert. ef. 5-14-13
Renumbered from 635-005-0215, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 30-1985, f. 6-27-85, ef. 7-1-85

Or. Admin. R. 635-005-0670 Incidental Catch Limit

Provisions under 635-005-0640 for the possession of incidental catch apply to the taking of spot and coonstripe shrimp.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
Renumbered from 635-005-0220, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 30-1985, f. 6-27-85, ef. 7-1-85

Or. Admin. R. 635-005-0675 Logbook Required — Spot and Coonstripe Shrimp

(1) The Department shall make available a logbook to each licensed commercial fishing vessel used to take any of the species specified in OAR 635-005-0650.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0680 Brine Shrimp Fishery Defined

"Brine shrimp fishery" means the commercial fishery for adult brine shrimp (Artemia spp.) from Lake Abert (Lake County).

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0685 Requirement for Brine Shrimp Permit

(1) It is unlawful to take, land or possess brine shrimp for commercial purposes without first obtaining a Brine Shrimp Permit issued pursuant to OAR 635-005-0690 through 635-005-0715.

(2) It is unlawful for a wholesaler, canner, or buyer to buy or receive brine shrimp taken in the brine shrimp fishery from a person for which the permit required by this rule has not been issued.

(3) The Department may issue no more than three permits required by section (1) of this rule.

(4) The Brine Shrimp Permit required by section (1) of this rule is in addition to and not in lieu of the commercial fishing and boat license required by ORS 508.235 and 508.260.

(5) No individual may hold more than one Brine Shrimp Permit at any one time.

(6) Unless otherwise provided, Brine Shrimp Permits must be purchased by January 31 of the year the permit is sought for renewal.

(7) Applications for Brine Shrimp Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of a vessel may be required at the time of application.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0690 Brine Shrimp Permit Fee

(1) The annual fee for a Brine Shrimp Permit is $100.00 (plus a $2.00 license agent fee) for both resident and nonresident applicants.

(2) A fee of $100.00 shall be charged for each transfer of participation rights under OAR 635-005-0715.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 & Other SB 247 (2015)
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0695 Eligibility Requirements for a Brine Shrimp Permit

(1) A commercial fisher licensed under ORS 508.235 is eligible to obtain the permit required by OAR 635-005-0685:

(a) By renewal of previous year's permit; or

(b) Through the lottery if a lottery is held in accordance with OAR 635-005-0710.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0700 Review of Denials — Brine Shrimp

(1) An individual whose application for issuance, renewal or transfer of a Brine Shrimp Permit established pursuant to OAR 635-005-0685, 635-005-0705 and 635-005-0715 is denied may make written request to the Board for review of the denial. The review provided in this subsection is in lieu of any such review by the Department or the Commission. The request shall be in such form and shall contain such information as the Board considers appropriate.

(4) The Board may delegate to the Department its authority to waive requirements for renewal of Brine Shrimp Permits in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(5) For those fisheries requiring a $125.00 application fee for Board review, the fee is non-refundable. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0705 Renewal of Permit

(1) Brine Shrimp Permits may be renewed the following year:

(a) By submitting to the Department a $100.00 fee (plus a $2.00 license agent fee) and a complete application date-stamped or postmarked by January 31 of the year for which renewal is sought; and

(b) The permittee shall have lawfully landed 5,000 pounds of brine shrimp in Oregon in the prior year.

(2) An application for renewal of a Brine Shrimp Permit shall be considered complete if it is legible, has all information requested in the form, and is accompanied by the required fee in full. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by December 31 of the permit year sought, the individual may not be considered to have applied for renewal in a timely manner.

(3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application may not be grounds for treating the application as having been filed in a timely and complete manner.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 148-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 01/31/2018
Reverted to DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 134-2016(Temp), f. & cert. ef. 10-17-16 thru 12-31-16
Reverted to DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 145-2015(Temp), f. 10-19-15, cert. ef. 11-1-15 thru 2-1-16
Reverted to DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 156-2014(Temp), f. & cert. ef. 11-10-14 thru 1-31-15
Reverted to DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 131-2013(Temp), f. & cert. ef. 12-9-13 thru 6-7-14
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0710 Lottery for Limited Entry Brine Shrimp Permits

(1) If the number of Brine Shrimp Permits issued in accordance with OAR 635-005-0685 falls below three, the Department in the next succeeding calendar year may issue permits by a lottery system. However, as a result of any such lottery, the total number of permits issued may not exceed three.

(2) Each applicant for a permit lottery shall complete the application form prescribed by the Department.

(3) Only one application per vessel may be submitted for each permit fishery lottery.

(4) Any application which is not legible, has incomplete information, or is postmarked after the deadline will not be entered in the lottery. Applications for all permits will be accepted at the Salem headquarters office of the Department, and shall be postmarked or date stamped no later than March 31 of the year for which the permit is issued.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0715 Transferability of Brine Shrimp Permits

Brine Shrimp Permits are transferable.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0720 Organization of Other Shellfish and Marine Invertebrate Rules

The Other Shellfish and Marine Invertebrate Section includes regulations for the Weathervane Scallop, Sea Urchin, Crayfish, Oyster, Squid, Octopus and other minor shellfish and invertebrate fisheries.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0725 Weathervane Scallop Fishery Defined

“Weathervane scallop fishery” means the commercial fishery for weathervane scallops (Patinopecten caurinus) in the Pacific Ocean.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0730 Additional License Requirement

It is unlawful to take, distribute or process oysters, clams, mussels and weathervane scallops intended for human consumption without first obtaining a Shellfish Sanitation Certificate as specified in OAR 635-005-0255.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0735 Requirement for Weathervane Scallop Permit

(1) It is unlawful to take, land or possess weathervane scallops without first obtaining a Weathervane Scallop Permit issued pursuant to ORS 508.840 and 508.843.

(2) It is unlawful for a wholesaler, canner, or buyer to buy or receive weathervane scallops taken in the weathervane scallop fishery from a vessel for which the permit required by this rule has not been issued.

(3) A Weathervane Scallop Permit required by section (1) of this rule is in addition to and not in lieu of the commercial fishing and boat license required by ORS 508.235 and 508.260.

(4) No vessel may hold more than one Weathervane Scallop Permit at any one time.

(5) Unless otherwise provided, Weathervane Scallop Permits must be purchased by December 31 of the year the permit is sought for renewal.

(6) Applications for Weathervane Scallop Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of a vessel may be required at the time of application.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129, 506.306 & 508.840
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0745 Eligibility Requirements for a Weathervane Scallop Permit

(1) An individual licensed under ORS 508.235 or a commercial licensed vessel under 509.260 is eligible to obtain a Weathervane Scallop Permit required by OAR 635-005-0735:

(a) By renewal of the previous year’s permit as specified in OAR 635-005-0760; or

(b) Through the lottery if a lottery is held in accordance with OAR 635-005-0765.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 508.846 & 508.852
DFW 32-2013, f. & cert. ef. 5-14-13
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0750 Revocation and Refusal to Issue Weathervane Scallop Permits

The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a Weathervane Scallop Permit pursuant to ORS 508.855.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.867
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0755 Review of Denials — Weathervane Scallop

(1) An individual whose application for issuance, renewal or transfer of a Weathervane Scallop Permit established pursuant to OAR 635-005-0735, 635-005-0760 and 635-005-0770 is denied may make written request to the Board for review of the denial. The procedure for requesting review and the applicable standard of review of denial for a Weathervane Scallop Permit shall be as pursuant to ORS 508.867.

(3) For those fisheries requiring a $125.00 application fee for Board review, the fee is non-refundable. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee.

(4) Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to 183.550.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.867
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0760 Renewal of Permit — Ocean Scallop

(1) Ocean Scallop Permits may be renewed the following year pursuant to ORS 508.849 and ORS 508.858.

(2) An application for renewal of an Ocean Scallop Permit shall be considered complete if it is legible, has all information requested in the form, is accompanied by the required fee in full, and is date-stamped or postmarked by December 31 of the year the permit is sought for renewal. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by December 31 of the permit year sought, the individual shall not be considered to have applied for renewal in a timely manner.

(3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application may not be grounds for treating the application as having been filed in a timely and complete manner.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 508.840, ORS 508.849 & ORS 508.858
DFW 124-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 99-2025, temporary amend filed 10/07/2025, effective 10/15/2025 through 12/31/2025
DFW 32-2013, f. & cert. ef. 5-14-13
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0765 Lottery for Limited Entry Weathervane Scallop Permits

(1) If the number of Weathervane Scallop Permits issued in accordance with ORS 508.849 falls below 25, the Department in the next succeeding calendar year may issue Weathervane Scallop Permits by a lottery system pursuant to ORS 508.861. However, the total number of Weathervane Scallop Permits issued shall not exceed 25.

(2) Each applicant for a permit lottery shall complete the application form prescribed by the Department.

(4) Only one application per vessel may be submitted for each permit fishery lottery.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.861
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0770 Transferability of Weathervane Scallop Permits

(1) Any transfer of a Weathervane Scallop Permit away from a vessel without the written consent of each person holding a security interest in such vessel is void. Weathervane Scallop Permit holders may transfer a permit pursuant to ORS 508.864.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.864
DFW 150-2017, amend filed 12/12/2017, effective 01/01/2018
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0775 Logbook Required — Weathervane Scallop Fishery

(1) The Department shall make available a logbook to each licensed commercial fishing vessel which holds a valid Weathervane Scallop Permit.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0780 Closed Season — Weathervane Scallop Fishery

There is no closed season on weathervane scallops taken for commercial purposes.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
Renumbered from 635-005-0170, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FC 241-1972, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0505, 635-036-0260

Or. Admin. R. 635-005-0785 Fishing Gear — Weathervane Scallop Fishery

It is unlawful to take weathervane scallops for commercial purposes by any means other than trawl gear having 3-inch or larger mesh throughout.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0175, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 27-1981, f. & cert. ef. 8-14-81
FWC 24-1981(Temp), f. & cert. ef. 7-1-81
FC 241, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0510, 635-036-0265

Or. Admin. R. 635-005-0790 Sea Urchin and Sea Cucumber Fishery Defined

“Sea urchin and sea cucumber fishery” means the commercial fisheries for red sea urchins (Mesocentrotus franciscanus), purple sea urchins (Strongylocentrotus purpuratus) and California sea cucumbers (Parastichopus californicus).

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0795 Requirement for Sea Urchin and Sea Cucumber Permit

(1) It is unlawful to take, land or possess sea urchins or California sea cucumbers for commercial purposes without first obtaining a Sea Urchin and Sea Cucumber Permit issued pursuant to OAR 635-005-0800 through 635-005-0830.

(2) It is unlawful for a wholesaler, canner, or buyer to buy or receive sea urchins or sea cucumbers taken in the sea urchin and sea cucumber fishery from a person for which the permit required by section (1) of this rule has not been issued.

(3) A Sea Urchin and Sea Cucumber Permit required by section (1) of this rule is in addition to and not in lieu of the commercial fishing and boat license required by ORS 508.235 and 508.260.

(4) No individual may hold more than one Sea Urchin and Sea Cucumber Permit at any one time.

(5) Unless otherwise provided, Sea Urchin and Sea Cucumber Permits must be purchased by December 31 of the year the permit is sought for renewal.

(6) Applications for Sea Urchin and Sea Cucumber Permits shall be in such form and contain such information as the Department may prescribe.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129, 506.306 & 508.760
DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0805 Eligibility Requirements for a Sea Urchin and Sea Cucumber Permit

(1) An individual licensed as a commercial fisher under ORS 508.235 is eligible to obtain a Sea Urchin and Sea Cucumber Permit required by OAR 635-005-0795:

(a) By renewal of the previous year’s permit; or

(b) Through the lottery if a lottery is held in accordance with OAR 635-005-0825.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.760
DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0810 Revocation and Refusal to Issue Sea Urchin and Sea CucumberPermits

The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a Sea Urchin and Sea Cucumber Permit pursuant to ORS 508.485 and 508.490.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.760
DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0815 Review of Denials — Sea Urchin and Sea Cucumber

(1) An individual whose application for issuance, renewal or transfer of a Sea Urchin and Sea Cucumber Permit established pursuant to OAR 635-005-0795, 635-005-0820 and 635-005-0830 is denied may make written request to the Board for review of the denial. The procedure for requesting review and the applicable standard of review of denial for a Sea Urchin and Sea Cucumber Permit shall be as pursuant to ORS 508.760. For the Sea Urchin and Sea Cucumber fishery, the Board may waive requirements for renewal of permits if the Board finds that strict adherence to these requirements were not met as a result of undue hardship as defined in OAR 635-005-0240.

(4) Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to 183.550.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.762
DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0820 Renewal of Sea Urchin and Sea Cucumber Permit

(1) Sea Urchin and Sea Cucumber Permits may be renewed the following year:

(a) Pursuant to ORS 508.760; and

(b) If the permittee annually lawfully landed 5,000 pounds of sea urchins or 500 pounds of California sea cucumbers in Oregon. If a permittee obtained a permit later than January of the prior year (because the permit was obtained through the lottery, or as a result of the Commercial Fishery Permit Board actions or surrender of a permit by a permit holder), the permittee shall not be required to make the landing requirement by the following January. Instead, at the next renewal thereafter, the permittee shall be required to demonstrate that the landing requirement was fulfilled during the first full year (twelve-month period) in which the permit was held.

(2) An application for renewal of a Sea Urchin and Sea Cucumber Permit shall be considered complete if it is legible, has all information requested in the form, is accompanied by the required fee in full, and is date stamped or postmarked by January 31 of the year for which renewal is sought. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by January 31 of the permit year sought, the individual shall not be considered to have applied for renewal in a timely manner.

(3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application may not be grounds for treating the application as having been filed in a timely and complete manner.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 508.760
DFW 126-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 99-2025, temporary amend filed 10/07/2025, effective 10/15/2025 through 12/31/2025
DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 32-2013, f. & cert. ef. 5-14-13
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0825 Lottery for Limited Entry Sea Urchin and Sea Cucumber Permits

(1) If the total number of Sea Urchin and Sea Cucumber Permits which have been renewed, and for which an appeal is pending with the Commercial Fishery Permit Board and awarded through a prior lottery, is less than 12, a lottery shall be held on the 4th Friday in April. However, as a result of any such lottery, the total number of permits issued shall not exceed 12.

(2) An individual must be 18 years of age or older and furnish proof of age to be eligible for the lottery.

(3) An individual shall not already hold a valid Sea Urchin and Sea Cucumber Permit, however, an individual whose permit is at issue in a pending Sea Urchin and Sea Cucumber Permit Board proceeding or before a court of law may participate in the lottery.

(4) If a permittee whose permit is at issue either before the Sea Urchin and Sea Cucumber Permit Board or a court of law is awarded another permit through the lottery and thereafter prevails before the Board or in court, the permittee shall immediately surrender one of the Sea Urchin and Sea Cucumber Permits to any Department office, so that only one valid permit is held.

(5) An individual who qualifies to participate in the lottery shall send a complete lottery application to the Department, date-stamped or postmarked no later than April 15 of the year for which the permit is to be issued. An individual shall not submit more than one application to participate in the lottery. For successful applicants, the application fee shall apply toward the permit fee of $125.00 (plus a $2.00 license agent fee) for resident applicants and $175.00 fee (plus a $2.00 license agent fee) for nonresident applicants.

(6) The names of lottery applicants shall be drawn to obtain the available permits. All other names of lottery applicants shall be drawn and placed on an alternate list in the order in which they were drawn, and shall be issued permits during the next 24 months as they may become available through Permit Board actions or surrender of permits by a permit holder.

(7) An individual whose name is drawn in the lottery shall thereafter apply on the prescribed form, to the Department to obtain a permit. Such application must be received by the Department within 30 days of the date the notification was mailed to the successful applicant following the lottery.

(8) Any individual who fails to apply for the lottery permit within 30 days shall forfeit such permit. The permit shall then be made available to the first name on the alternate list, and shall be applied for in accordance with section (7) of this rule.

(9) If all permits are not issued by renewal or through the lottery, permits thereafter may be issued on a first come first served basis up to the total number of permits allowed. All applications shall be mailed to the Department and priority shall be based on postmark or date-stamped date.

(10) The Commission may suspend the lottery for up to two years based upon its assessment of the condition of the resource and recommendations of the Sea Urchin and Sea Cucumber Permit Review Board.

(11) Each applicant for a permit lottery shall complete the application form prescribed by the Department.

(12) Only one application per vessel may be submitted for each permit fishery lottery.

(13) Any application which is not legible, has incomplete information, or is postmarked after the deadline shall not be entered in the lottery. Applications for all permits will be accepted at the Salem headquarters office of the Department, and shall be postmarked or date stamped no later than March 31 of the year for which the permit is issued.

History

Statutory/Other Authority: SB 247 (2015), ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.762
DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 32-2013, f. & cert. ef. 5-14-13
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0830 Transferability of Sea Urchin and Sea CucumberPermits

(1) Any transfer of a Sea Urchin and Sea Cucumber Permit without the written consent of each person holding a security interest in such vessel is void. The following rules apply to transfer of Sea Urchin and Sea Cucumber Permits:

(2) The Department shall approve the transfer of any permit to any purchaser of the permit, provided that not more than one sale or transfer of the permit occurs within that calendar year;

(3) No Sea Urchin and Sea Cucumber Permit issued to an individual through the lottery after 1998 may be transferred to another individual until a cumulative total of 20,000 pounds of sea urchins, or 2,000 pounds of California sea cucumbers have been landed on commercial electronicfish tickets by the individual issued the permit through the lottery.

History

Statutory/Other Authority: ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.036, ORS 506.109, ORS 506.129 & ORS 508.762
DFW 151-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 150-2017, amend filed 12/12/2017, effective 01/01/2018
DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0835 Logbook Required — Sea Urchin and Sea Cucumber Fisheries

(1) The Department shall make available a logbook to each licensed commercial fisher who holds a valid Sea Urchin and Sea Cucumber Permit.

(2) Each permit holder is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the permit holder shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the permit holder shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0840 Closed Seasons and Areas — Sea Urchin and Sea Cucumber Fisheries

It is unlawful for commercial purposes to take, land or possess sea urchins or California sea cucumbers:

(1) Which have been taken in water depths shallower than ten feet below mean lower low water.

(2) Within the following areas:

(a) From Orford Reef, described as the area encompassed by parallels of Latitude 42°46'N and 42°49'N from May 1 through October 31;

(b) Within 1,000 feet of Pyramid Rock on Rogue Reef described by the area encompassed by parallels of Latitude 42°26.4'N and 42°26.9'N and by meridians of Longitude 124°28.4'W and 124°27.8'W, or within the rectangle marked by corner buoys from May 1 through August 31; or

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16
Renumbered from 635-005-0180, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
FWC 96-1994, f. 12-28-94, cert. ef. 1-1-95
FWC 26-1992, f. 4-21-92, cert. ef. 4-22-92
FWC 12-1991, f. & cert. ef. 2-20-91
FWC 118-1990, f. 10-24-90, cert. ef. 10-22-90
FWC 50-1990, f. 6-15-90, cert. ef. 6-18-90
FWC 117-1989, f. 11-22-89, cert. ef. 12-1-89
FWC 85-1987, f. 10-6-87, ef. 1-1-88

Or. Admin. R. 635-005-0845 Prohibitions — Sea Urchin and Sea Cucumber Fisheries

(1) It is unlawful for commercial purposes to take, land or possess sea urchins or California sea cucumbers:

(a) Where more than two divers were in the water off any one vessel at the same time;

(b) Where more than two persons without permits, excluding persons authorized by the Department for the performance of official duties, were on board any vessel while harvesting, possessing, or transporting sea urchins or California sea cucumbers;

(c) Unless the vessel displays the vessel's federal document or Marine Board numbers on a weather deck so as to be visible from above. The number shall contrast with the background and be in block Arabic numerals at least 18 inches high for vessels over 65 feet in length and at least ten inches high for vessels 65 feet or less. The operator of the vessel shall keep the identifying markings clearly legible and in good repair, and shall ensure that no part of the vessel, its rigging, or its fishing gear obstructs the view of the vessel number from an enforcement vessel or aircraft.

(2) For each trip, any permit holder shall clearly identify and keep separate until processed all sea urchins or California sea cucumbers taken by that permit holder.

(3) Notwithstanding any other provision in these regulations, no person other than the holder of a current Sea Urchin and Sea Cucumber Permit issued by the Department is allowed to dive in the water to take sea urchins or California sea cucumbers or to otherwise assist, while submerged, in the harvest of sea urchins or California sea cucumbers.

(4) Use of any gas mixture other than atomospheric air for diving is prohibited when taking sea urchins or California sea cucumbers. Tanks containing gas mixtures other than atmospheric air and capable of being used for diving may not be aboard vessels while operating under a Sea Urchin and Sea Cucumber Permit, except that tanks of oxygen may be aboard vessels for emergency use above water.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0850 Size and Catch Limits — Sea Urchin Fisheries

Size and catch limits in the sea urchin fishery are as follows:

(1) It is unlawful to take, land or possess for commercial purposes, more than 50 sea urchins (purple and red combined) per permit holder, per day, per trip between two and three and one-half inches in diameter (shell diameter — not including spines), except as provided in section (2) of this rule for purple sea urchins. There is no limit on the number of red sea urchins less than two inches or greater than three and one-half inches in shell diameter.

(2) A holder of a current sea urchin permit may take more than 50 purple sea urchins between two inches and three and one-half inches in diameter, provided the permit holder obtains a Special Commercial Purple Sea Urchin Permit available at the Charleston ODFW Field Office. The Department may attach terms and conditions to any special commercial permit including, but not limited to, on-board observers, area or time limits, and preharvest dive surveys of urchin beds.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119, 506.129 & 508.760
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0855 Crayfish Fishery Defined

“Crayfish fishery” means the commercial fishing for crayfish species (Pacifastacus sp) in waters of this state.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0860 Closed Season — Crayfish Fishery

It is unlawful to take crayfish for commercial purposes from November 1 of any year through March 31 of the following year.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0070, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88
FC 241-1972, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0365, 635-036-0225

Or. Admin. R. 635-005-0865 Fishing Gear — Crayfish Fishery

It is unlawful to take crayfish for commercial purposes by any means other than crayfish pots or ring nets.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0075, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88
FC 241-1972, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0370, 635-036-0230

Or. Admin. R. 635-005-0870 Size Limit — Crayfish Fishery

It is unlawful to take for commercial purposes crayfish which are less than 3-5/8 inches long. Crayfish will be measured from the tip of the bony spike extending between and beyond the eyes (acumen) to the distal edge of the last bony plate in the tail (telson). Any undersized crayfish taken must be immediately returned unharmed to the water.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0080, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88
FC 241-1972, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0375, 635-036-0235

Or. Admin. R. 635-005-0875 Protection of Females — Crayfish Fishery

Any crayfish taken with eggs attached must be returned immediately unharmed to the water. Possession of crayfish with eggs attached is prohibited.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0082, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88

Or. Admin. R. 635-005-0880 Identification of Gear — Crayfish Fishery

All vessels, traps, buoys, liveboxes, holding pens, boxes, bags, or other containers used to take, hold, or transport crayfish must be labeled with an identification number issued by the Department.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
Renumbered from 635-005-0084, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88

Or. Admin. R. 635-005-0885 Closed Area — Crayfish Fishery

It is unlawful to take, land or possess crayfish for commercial purposes from Malheur Reservoir (Malheur County), South Twin Lake (Deschutes County), and the Williamson River (Klamath County).

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0085, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 102-1989, f. 9-29-89, cert. ef. 10-1-89
FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88
FWC 9-1986, f. 3-26-86, ef. 3-30-86
FWC 33-1984, f. 7-25-84, ef. 8-1-84

Or. Admin. R. 635-005-0890 Shellfish Aquaculture Fishery Defined

“Shellfish aquaculture fishery” means the commercial cultivation of shellfish in waters of this state.

History

Statutory/Other Authority: ORS 506.036, ORS 506.119, ORS 506.129 & ORS 506.109
Statutes/Other Implemented: ORS 506.129 & ORS 506.109
DFW 17-2022, amend filed 02/25/2022, effective 02/25/2022
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0895 Additional License Requirement — Shellfish Sanitation Certificate

It is unlawful to take, distribute or process oysters, clams, mussels and scallops intended for human consumption without first obtaining a Shellfish Sanitation Certificate issued pursuant to OAR 635-005-0255.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0900 Shellfish Import and Transfer Applications and Permit

(1) It is unlawful for any person to import or transfer shellfish into or within this state for the purpose of planting or to plant the same in the waters of this state without first having applied for and obtained a permit to do so from the Director.

(2) Such application shall be provided by the agency to be submitted by the applicant and shall include the following information:

(a) Name of applicant;

(b) Facility and water body to be imported or transported to;

(d) The maximum quantity to be imported or transported;

(e) Species and size to be imported or transported; and

(f) A notarized certification from an approved shellfish pathologist at the time the shellfish are inspected, declaring them to the best of their knowledge free from disease, infestation pests, and other substances which might endanger shellfish in the waters of this state.

(3) The Director shall issue a permit to import or transfer shellfish for planting in the waters of this state when it has been established to their satisfaction that an approved shellfish pathologist has certified them as being free of disease, infestation pests, and other substances which might endanger shellfish in the waters of this state.

History

Statutory/Other Authority: ORS 506.036, ORS 506.119, ORS 506.129 & ORS 506.109
Statutes/Other Implemented: ORS 506.036, ORS 506.129 & ORS 506.109
DFW 17-2022, amend filed 02/25/2022, effective 02/25/2022
Renumbered from 635-005-0140, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
FWC 30-1985, f. 6-27-85, cert. ef. 7-1-85, Renumbered from 625-010-0285, 635-036-0175
FC 140-1966, f. & cert. ef. 3-4-66

Or. Admin. R. 635-005-0905 Prohibited Activities in Restricted Shellfish Areas

(1) All waters, tidelands, and shellfish aquaculture handling facilities operated in conjunction with said water and tidelands that have been identified as containing diseases, infestation pests or other substances are defined as a restricted shellfish area.

(2) It is unlawful for any person to move or transfer from a restricted shellfish area any shellfish, any marine organisms or other material whatsoever adversely affecting shellfish, without first obtaining a permit from the Director.

History

Statutory/Other Authority: ORS 506.036, ORS 506.119, ORS 506.129 & ORS 506.109
Statutes/Other Implemented: ORS 506.036, ORS 506.129 & ORS 506.109
DFW 17-2022, amend filed 02/25/2022, effective 02/25/2022
Renumbered from 635-005-0145, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
FWC 30-1985, f. 6-27-85, cert. ef. 7-1-85
FC 140-1966, f. & cert. ef. 3-4-66, Renumbered from 625-010-0290, 635-036-0180

Or. Admin. R. 635-005-0910 Oyster Seasons and Gear

It is unlawful to take oysters for either personal use or commercial purposes from natural oyster beds located on unoccupied state lands.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
Renumbered from 635-005-0150, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 28-1982, f. & cert. ef. 5-13-82
FC 143-1966, f. & cert. ef. 3-4-66, Renumbered from 625-010-0295, 635-036-0185

Or. Admin. R. 635-005-0915 Squid Fishery Defined

“Squid fishery” means the commercial fisheries for squid species in the orders Myopsida, Oegopsida and Sepioidea, including, but not limited to market squid (Loligo opalescens) and Humboldt squid (Dosidicus gigas). Some squid species classified within these orders are managed as Shared Ecosystem Component Species, for which directed fishing is prohibited. See OAR 635-005-0263 and the Code of Federal Regulations, Part 660, Subpart B for regulations applicable to Shared Ecosystem Component Species.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 149-2016, f. 12-7-16, cert. ef. 1-1-17
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0920 Market Squid Fishery

Market squid (Loligo opalescens) are federally managed by the Coastal Pelagic Species Fishery Management Plan, and are subject to all federal regulations adopted by reference in OAR 635-004-0375.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
Reverted to DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 59-2016(Temp), f. 5-26-16, cert. ef. 6-3-16 thru 11-29-16
Reverted to DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 47-2015(Temp), f. 5-21-15, cert. ef. 5-27-15 thru 11-22-15
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0921 Market Squid Fishery License Limitation

If the Commission adopts a future license limitation measure, January 1, 2022 will be used as the control date for establishing eligibility related to past participation in the commercial market squid purse seine fishery.

History

Statutory/Other Authority: ORS 506.036, ORS 506.109, ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.109 & ORS 506.129
DFW 16-2022, adopt filed 02/25/2022, effective 02/25/2022

Or. Admin. R. 635-005-0925 Market Squid Harvest Guideline

Prior to reaching a harvest of 4.5 million pounds of squid, with not more than 3 million pounds taken north or south of Heceta Head, the Commission will hold a public hearing to evaluate the fishery.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0929 Closed Season

From 12:01 pm Friday through 11:59 am Sunday of any week, it is unlawful to:

(1) Take market squid for commercial purposes using purse seine net, dipnet, or trawl net gear; or

(2) Use light to attract market squid for commercial purposes.

History

Statutory/Other Authority: ORS 496.138, ORS 508.036, ORS 506.109, ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.109, ORS 506.129, ORS 496.162, ORS 196.540, ORS 196.542, ORS 196.545, ORS 196.550 & ORS 196.555
DFW 39-2021, adopt filed 04/08/2021, effective 04/09/2021

Or. Admin. R. 635-005-0930 Logbook Required — Squid Fishery

(1) The Department shall make available a logbook to each licensed commercial fishing vessel from which any species of squid are taken, regardless of gear.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request from an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

History

Statutory/Other Authority: 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109
DFW 22-2023, amend filed 03/17/2023, effective 03/18/2023
DFW 39-2021, amend filed 04/08/2021, effective 04/09/2021
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0931 Fishing Gear — Squid Fishery

(1) For the purposes of OAR 635-005-0930 through 635-005-0922 and 635-012-0030 through 635-012-0150, “take” is defined to include attracting any squid by light.

(2) It is unlawful to take market squid for commercial purposes using a purse seine net that:

(a) Exceeds 1,800 feet in length;

(b) Exceeds 2,600 meshes in depth, excluding chaffing strip and corkline strip;

(d) Has a chaffing strip or a corkline strip that is more than 25 meshes wide;

(e) Has purse rings or a purse ring bridle attached less than 36 inches above the lead line, except purse rings or purse ring bridles may be attached less than 36 inches above the lead line within 60 feet of each end of the net;

(f) Is not pursed using a rib line that is a minimum of 36 inches above the lead line; or

(g) Is pursed using a steel cable purse line.

(3) It is unlawful for a vessel to pump market squid onboard directly from the pursed seine of another vessel unless squid so received make up no more than 20% of the weight of each landing and the vessel receiving squid in such manner:

(a) Has lawfully deployed purse seine gear during the current year and pumped resultant catch onboard the same vessel for delivery to a port of landing or fish dealer in Oregon;

(b) Possesses onboard, in working order, legal seine gear capable of catching market squid including but not limited to seine net, seine skiff, and pumping gear; and

(c) Documents the vessel that made the set, any other vessel pumping squid from the pursed seine, and information on catch and location in the logbook required under OAR 635-004-0376.

(4) It is unlawful to attract market squid by light displayed from a vessel, except from the same vessel that is deploying fishing gear for the take, possession, and landing of market squid so attracted or from the seine skiff of the same vessel.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 506.129 & ORS 506.109
DFW 22-2023, amend filed 03/17/2023, effective 03/18/2023
DFW 65-2022, amend filed 06/17/2022, effective 06/18/2022
DFW 16-2022, amend filed 02/25/2022, effective 02/25/2022
DFW 39-2021, amend filed 04/08/2021, effective 04/09/2021
DFW 69-2016, f. & cert. ef. 6-13-16

Or. Admin. R. 635-005-0932 Bycatch Restrictions — Squid Fishery

For vessels using purse seine gear to take market squid, all groundfish and salmon, as defined by OAR 635-004-0215, must be returned to the water immediately. Every effort must be made to dipnet salmon out of the seine net before they go through a pump system.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 69-2016, f. & cert. ef. 6-13-16

Or. Admin. R. 635-005-0933 No Reduction Fishery Allowed — Squid Fishery

No more than 10%, by weight, of a market squid landing may be used for the purposes of conversion into fish flour, fish meal, fish scrap, fertilizer, fish oil, other fishery products or by-products for purposes other than human consumption or fishing bait. Exceptions to this limit may be granted due to unforeseen circumstances with written authorization by the Director to avoid wastage of fish.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 69-2016, f. & cert. ef. 6-13-16

Or. Admin. R. 635-005-0935 Octopus Fishery Defined

“Octopus fishery” means the commercial fisheries for octopus species in the order Octopoda, including, but not limited to the Pacific giant octopus (Enteroctopus dofleini) and East Pacific red octopus (Octopus rubescens) in the Pacific Ocean.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-005-0940 Logbook Required — Octopus Fishery

(1) The Department shall make available a logbook to each licensed commercial fishing vessel from which any species of octopus are taken, regardless of gear.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

Division 6 COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS

Or. Admin. R. 635-006-0001 Definitions

As used in Division 006 regulations:

(1) “Board” means the Commercial Fishery Permit Board.

(2) “Boat” means any vessel, any floating craft, powered, towed, rowed or otherwise propelled which is used for landing or taking food fish, as specified in ORS 506.006.

(3) “Buy” includes offer to buy, barter, exchange or trade.

(4) “Commercial fishing license” means the commercial fishing licenses required by ORS 508.235.

(5) “Commercial purposes” means taking food fish with any gear unlawful for angling, or taking or possessing food fish in excess of the limits permitted for personal use, or taking, fishing for, handling, processing, or otherwise disposing of or dealing in food fish with the intent of disposing of such food fish or parts thereof for profit, or by sale, barter or trade, in commercial channels, as specified in ORS 506.006.

(6) “Commission” means the State Fish and Wildlife Commission created by ORS 496.090.

(7) “Department” means the State Department of Fish and Wildlife, as specified in ORS 506.006.

(8) “Director” means the Director of the Oregon Department of Fish and Wildlife appointed pursuant to ORS 496.112.

(9) “Dock receipt” means a document that is used to record all of the required landing information at the time of landing when an electronic fish ticket cannot be prepared and submitted until a later date.

(10) “Electronic fish ticket” means a fish receiving ticket that is entered and submitted through the Pacific States Marine Fisheries Commission West Coast E-Ticket system, or a printed copy thereof for the purposes of keeping records required by OAR 635-006-0200 and obtaining signatures.

(11) “Fair market value” shall be established as provided in OAR 635-006-0232.

(12) “Fish buyer” means an individual employed by a wholesale fish dealer or food fish canner to purchase or receive food fish or shellfish from commercial fishers at locations other than the licensed premises of the wholesale fish dealer or food fish canner.

(13) “Fish-buying station” means a location other than the licensed premises of a wholesale fish dealer or food fish canner at which such wholesale fish dealer or food fish canner purchases or receives food fish or shellfish from commercial fishers.

(14) “Fishing” means catching, taking or harvesting food fish that results in or can be reasonably expected to result in the sale, barter, trade or other disposition of fish for other than personal use or consumption.

(15) “Fishing gear” means, as specified in ORS 506.006, any appliance or device intended for or capable of being used to take food fish for commercial purposes, and includes:

(a) “Fixed gear” means longline, trap or pot, setnet, and stationary hook-and-line (including vertical hook-and-line) gears;

(b) “Gillnet” has the meaning as set forth in OAR 635-042-0010;

(d) “Lampara net” means a surrounding net with the sections of netting made and joined to create bagging. It is hauled with purse rings and is generally much smaller in size than a purse seine net;

(e) “Longline” means a stationary buoyed, and anchored groundline with hooks attached;

(g) “Pot or trap” means a portable, enclosed device with one or more gates or entrances and one or more lines attached to surface floats;

(h) “Purse seine” means an encircling net that may be closed by a purse line threaded through the bottom of the net. Purse seine gear includes ring net, drum purse seine, and lampara nets;

(i) “Seine” means any non-fixed net other than a trawl or gillnet;

(j) “Setline” means a bottom longline used in rivers and estuaries for targeting white sturgeon;

(k) “Set net” means a stationary, buoyed and anchored gillnet or trammel net which takes fish commonly by gilling and is not free to move or drift with the current or tide;

(l) “Spear” means a sharp, pointed, or barbed instrument on a shaft;

(m) “Trammel net” means a gillnet made with two or more walls joined to a common float line;

(n) “Trawl gear” means a cone or funnel-shaped net which is towed or drawn through the water by one or two vessels;

(o) “Troll” means fishing gear that consists of 1 or more lines that drag hooks with bait or lures behind a moving fishing vessel, and which lines are affixed to the vessel and are not disengaged from the vessel at any time during the fishing operation; and

(16) “Fishing trip” means a period of time between landings when fishing is conducted.

(17) “Food Fish” means any animal over which the State Fish and Wildlife Commission has jurisdiction, as specified in ORS 506.036.

(18) “Food fish canner” means a wholesale fish dealer who cans food fish including shellfish in hermetically sealed containers whereby no further preservation, artificial or otherwise, is required.

(19) “Groundfish” means all species of ocean food fish defined as groundfish in the Pacific Coast Groundfish Fishery Management Plan and in the Federal Groundfish Regulations, Title 50, Part 660 (See OAR 635-004-0240).

(20) “Harvester” means any person legally authorized to take food fish for commercial purposes.

(21) “Import” means to transport into Oregon from outside the State of Oregon.

(22) “Inland waters” means all waters of the state except the Pacific Ocean.

(23) “Land, Landed or Landing” means either of the following:

(A) Anchovies being held live on a vessel for the purpose of using for bait in that vessel’s commercial fishing operation; and

(B) For vessels participating in the federal trawl rationalization program, the portion of catch that is intended to be delivered to Washington or California is not considered part of that landing.

(B) Once transfer begins, all food fish from the harvest area are counted as part of that landing.

(24) “Landing fees” means all fees due to the Department based on the pounds of fish or value of fish landed.

(25) “Length” or “Length Overall” of a vessel means the manufacturer’s specification of overall length, United States Coast Guard or Marine Board registered length documentation stating overall length or overall length as surveyed by a certified marine surveyor. In determining overall length, marine surveyors shall measure in a straight line parallel to the keel from the foremost part of the vessel to the aftermost part, excluding sheer and excluding bow sprits, boomkins, rudders aft of the transom, outboard motor brackets, or transom extensions as in a dive step or platform.

(26) “Limited fish seller” means any person who holds a valid Oregon commercial fishing license and who has obtained an annual Limited Fish Seller Permit which enables the fisher to sell any species of food fish taken in lawful activity directly from his or her boat, as specified in ORS 508.550.

(27) “Non-reporting fish dealer” means a wholesale fish dealer or fish bait dealer who buys food fish exclusively from other wholesale fish dealers or bait dealers.

(28) “Overage” means any landing or portion of a landing that exceeds groundfish trip limits. Groundfish trip limits are approved by Pacific Fisheries Management Council and implemented by the National Marine Fisheries Service.

(29) “Owner” means any ownership interest in a vessel, including interests arising from partnerships, corporations, limited liability corporations, or limited liability partnerships. Owner does not include a leasehold interest.

(30) “Pacific Ocean” means all water seaward of the end of the jetty or jetties of any river, bay, or tidal area, except the Columbia River boundary with the Pacific Ocean is as specified in OAR 635-003-0005, or all water seaward of the extension of the shoreline high watermark across the river, bay, or tidal area where no jetties exist.

(31) “Possession” means holding any food fish, shellfish or parts thereof in a person’s custody or control.

(32) “Process or Processing” means fresh packaging requiring freezing of food fish, or any part thereof, or any type of smoking, reducing, loining, steaking, pickling or filleting. Cooking crab is not considered processing.

(33) “Processor” means a person who buys fresh food fish from a licensed commercial fisher or a wholesale fish dealer and processes food fish for sale through retail outlets or for sale to the ultimate consumer.

(34) “Purchase” means to obtain by paying money or its equivalent, trade, or barter.

(35) “Receive” or "Receiving" means to take or come into possession of.

(36) “Replacement vessel” means a vessel purchased to replace a permitted vessel which had been lost due to fire, capsizing, sinking or other event.

(37) “Resident” means an actual bona fide resident of this state for at least one year immediately prior to application.

(38) “Retail fish bait dealer” means a person who buys fresh food fish or shellfish from a wholesale fish dealer or wholesale fish bait dealer and sells to the ultimate consumer for use as bait.

(39) “Retail fish dealer” means a person who buys fresh food fish or shellfish from wholesale fish dealers, undertakes limited processing activity (limited to loining of tuna, filleting, smoking, steaking, or pickling food fish or shellfish), and sells only to the ultimate consumer.

(40) “Retain” means to keep in possession or use.

(41) “Security interest” means an interest in a vessel or permit granted by the owner of the vessel or permit to a third party under a security agreement, pursuant to ORS Chapter 79, another state’s laws enacted to implement Article 9 of the Uniform Commercial Code or equivalent federal statutory provisions for federally documented vessels.

(42) “Sell” includes to offer or possess for sale, barter, exchange or trade.

(43) “Shellfish canner” means a wholesale fish dealer who cans only shellfish in hermetically sealed containers whereby no further preservation, artificial or otherwise, is required.

(44) “Take” means fish for, hunt, pursue, catch, capture or kill or attempt to fish for, hunt, pursue, catch, capture or kill.

(45) “Take home” means food fish that are sold commercially to a licensed wholesale fish dealer, reported on an electronic fish ticket and then purchased back for the purpose of private use by the harvester.

(46) “Transport" means, for the purposes of OAR 635-006-0165, to move the food fish after landing.

(47) “Trip limit” means the total amount of fish that may be taken and retained, possessed, or landed per vessel from a single fishing trip or cumulatively per unit of time. A vessel which has landed its cumulative or daily limit may continue to fish on the limit for the next legal period as long as the fish are not landed until the next period. Trip limits may be:

(A) Period 1: January through February;

(B) Period 2: March through April;

(D) Period 4: July through August;

(E) Period 5: September through October; and

(F) Period 6: November through December.

(c) “Monthly trip limit” means the maximum amount of fish that may be taken and retained, possessed or landed per vessel during the first day through the last day of any calendar month.

(48) “Ultimate consumer” means the party that utilizes the product as food, including restaurants.

(49) “Value” means the monetary value of the food fish, or parts thereof, including eggs and other by-products, at the point of landing as usually determined by the first exchange between the harvester and the first purchaser. In addition:

(a) Value is typically the amount of money which the first purchaser pays at the time and place that the fish are off-loaded from a vessel, or brought to shore if there is no vessel involved in harvesting, before any reductions or deductions in the amount of money as a result of the dealer furnishing ice, fuel, food or other commodities; and

(b) Value includes bonuses and other payments based directly on the quantity or quality of food fish exchanged, regardless of the time of payment of such bonuses or other payments; and

(c) Value includes any payments based on the proportion or percentage of processed products recovered from the food fish landed in the round or other form; and

(d) Value for food fish not sold by the harvester is the value received for comparable fish sold to a wholesale fish dealer at the same time and place that the fish are landed; and

(e) Value for food fish purchased from a harvester, by the harvester when acting as a wholesale fish dealer, is the price that is or would be paid to any other harvester for the same fish; and

(f) Value for food fish sold by a limited fish seller is the retail price received by the harvester from the first purchaser; and

(g) Value for food fish imported from out of state but not previously taxed out of state is the price paid for the fish by the first Oregon purchaser.

(50) “Vessel operator” means the person onboard a fishing vessel who is responsible for leading a fishing vessel in fishing or transit operations, and who signs the corresponding electronicfish ticketor dock receipt from that fishing trip. A vessel operator may be a vessel or permit owner or both, individual hired to operate a vessel, or lessee of a vessel, permit or both. Although more than one person may physically operate a vessel during a fishing trip or transit, there may only be one person identified as a vessel operator (commonly referred to as a captain or skipper) on a fishing vessel during any one fishing trip or transit.

(51) “Waters of this state” means all waters over which the State of Oregon has jurisdiction, or joint or other jurisdiction with any other state or government, including waters of the Pacific Ocean and all bays, inlets, lakes, rivers and streams within or forming the boundaries of this state.

(52) “Weighbacks” means fish or shellfish with no commercial value.

(53) “Wholesale fish bait dealer” means a person who buys food fish or shellfish, or parts thereof, from a licensed commercial fisher, licensed commercial bait fisher, or licensed angler, and sells or uses such food fish or shellfish for bait, scientific or educational purposes, or live public display.

(54) “Wholesale fish dealer” means a person who:

(a) Buys food fish or shellfish from a commercial fisher; or

(b) Processes food fish or shellfish or any part thereof; or

(55) “Working day” means Monday through Friday, excluding Oregon legal holidays.

History

Statutory/Other Authority: ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.109, ORS 508.025, ORS 508.040 & ORS 508.550
DFW 152-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 20-2024, amend filed 03/18/2024, effective 03/18/2024
DFW 147-2019, amend filed 09/30/2019, effective 01/01/2020
DFW 32-2013, f. & cert. ef. 5-14-13
DFW 151-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 145-2009, f. 12-9-09, cert. ef. 1-1-10
DFW 91-2009, f. & cert. ef. 8-10-09
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 63-2003, f. & cert. ef. 7-17-03
DFW 38-1999, f. & cert. ef. 5-24-99
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92

Or. Admin. R. 635-006-0005 Fishing Gear Specifications and Operation

It is unlawful for any individual to take or land food fish from the waters of this state or the Pacific Ocean with fishing gear which does not meet the specifications, or is not operated as provided or authorized by statute or Department of Fish and Wildlife regulations.

History

Statutory/Other Authority: ORS 506
Statutes/Other Implemented: ORS 506
FWC 67-1978, f. & ef. 12-31-78, Renumbered from 635-036-0350
FC 136-1966, f. 12-20-65, cert. ef. 1-1-66, Renumbered from 625-020-0000

Or. Admin. R. 635-006-0010 Possession of Unlawful Fishing Gear Prohibited

It is unlawful to have on board any commercial fishing boat while fishing or landing food fish, taken for commercial purposes, any fishing gear which is not authorized by statute or Department of Fish and Wildlife regulation for use in any commercial fishing or which does not conform to the specifications established for such fishing gear.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
FC 136-1965, f. 12-20-65, cert. ef. 1-1-66, Renumbered from 625-020-0005, 635-036-0355, 1979

Or. Admin. R. 635-006-0015 Personal Use Fishing with Commercial Fishing Gear Prohibited

In accordance with ORS 508.240, it is unlawful to retain any species of food fish for personal use taken while fishing under a commercial fishing license. In addition, except as the Commission by rule may provide otherwise, it is unlawful to use commercial fishing gear to take any species of food fish for personal use.

History

Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 508.240
Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 508.240
FWC 113-1992, f. 10-26-92, cert. ef. 10-28-92
FC 136-1965, f. 12-20-65, cert. ef. 1-1-66, Renumbered from 625-020-0010, 1975, 635-036-0360, 1979

Or. Admin. R. 635-006-0020 Experimental Fishing Gear Permit

(1) The Department is authorized to issue Experimental Fishing Gear Permits (EFGPs) for the taking of food fish under the authority of ORS 508.106 provided the use of such fishing gear is not otherwise prohibited by the commercial fishing laws.

(2) Application for an EFGP shall be in writing accompanied by a fee of $30.00 (plus a $2.00 license agent fee) and shall include the species of food fish to be taken, the method to be used, the name and location of the body of water from which the food fish are to be taken, vessel operator(s) when applicable, and any other information the Department deems necessary.

(3) The Department shall establish terms and conditions for each EFGP which may include but are not limited to the amount of gear allowed, fishing area, valid time period, gear marking, monitoring, training, and notification and reporting requirements. It is unlawful to use the experimental fishing gear in the waters of this state or the Pacific Ocean except under the terms and conditions specified in the permit.

(4) At least one vessel operator named on the EFGP must be onboard the vessel at all times on any fishing trip where the vessel operates gear authorized by the EFGP.

(5) The Department may deny or revoke an EFGP if the applicant, vessel operator(s), or the holder of a limited entry permit for the target species has been charged with or convicted of any violation of commercial fishing laws within the last five years or has violated the terms and conditions of any past or existing EFGP.

(6) The Department may limit the number of EFGPs issued by certain criteria, including but not limited to type of fishing gear, fishing area, port, season, or other criteria. If the number of applicants exceeds available permits, the Department shall issue permits based on information needs of the Department and may consider other factors including but not limited to gear type, vessel size, operational plans, compliance history, and performance under past or existing EFGPs.

(7) EFGPs are not transferable to any person, company, or vessel not specified on the permit and may be renewed at the Department’s discretion.

History

Statutory/Other Authority: ORS 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.119 & 506.129
DFW 84-2026, amend filed 08/17/2026, effective 08/17/2026
DFW 145-2009, f. 12-9-09, cert. ef. 1-1-10
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 64-1978, f. & ef. 12-20-78, Renumbered from 635-036-0365
FC 203, f. 1-6-70, ef. 2-11-70, Renumbered from 625-020-0040

Or. Admin. R. 635-006-0100 Retail Fish Dealer License

(1) No license is required of a retail fish dealer.

(2) It is unlawful for a retail fish dealer to have in possession any fresh food fish or shellfish received from other than a wholesale fish dealer.

History

Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 508
Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 508
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 104-1988, f. 12-29-88, cert. ef. 1-1-89
FC 246-1972, f. 5-5-72, cert. ef. 5-15-72, Renumbered from 625-040-0005, 1975, 635-036-0500, 1979

Or. Admin. R. 635-006-0105 Wholesale Fish Dealer License

A wholesale fish dealer license is required to perform any of the activities defined as a “wholesale fish dealer” under OAR 635-006-0001.

History

Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 508
Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 508
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FC 246-1972, f. 5-5-72, cert. ef. 5-15-72, Renumbered from 625-040-0010, 635-036-0505, 1979

Or. Admin. R. 635-006-0110 Food Fish Canner License

A food fish canner license is required to perform any of the activities defined as a “food fish canner” under OAR 635-006-0001. This license is in lieu of, and not in addition to, a wholesale fish dealer license.

History

Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 508
Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 508
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 104-1988, f. 12-29-88, cert. ef. 1-1-89
FC 246, f. 5-5-72, cert. ef. 5-15-72, Renumbered from 625-040-0015, 1975, Renumbered from 635-036-0510, 1979

Or. Admin. R. 635-006-0115 Shellfish Canner License

A shellfish canner license is required to perform the activities defined as a “shellfish canner” under OAR 635-006-0001. This license is in lieu of, and not in addition to, a wholesale fish dealer’s license.

History

Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 508
Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 508
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FC 246-1972, f. 5-5-72, cert. ef. 5-15-72, Renumbered from 625-040-0020, 1975, Renumbered from 635-036-0515, 1979

Or. Admin. R. 635-006-0120 Fish Buyer License

A fish buyer license is required to perform the activities defined as a “fish buyer” under OAR 635-006-0001. This license is in addition to the wholesale fish dealer, fish canner, or shellfish canner’s license.

History

Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 508
Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 508
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FC 246-1972, f. 5-5-72, cert. ef. 5-15-72, Renumbered from 625-040-0025, 1975, 635-036-0520, 1979

Or. Admin. R. 635-006-0125 Fish-Buying Station License

A fish buyer license is required at the location where the activities defined as a “fishbuying station” under OAR 635-006-0001 occurs. This license is in addition to the wholesale fish dealer, fish canner, or shellfish canner’s license.

History

Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 508
Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 508
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FC 246-1972, f. 5-5-72, cert. ef. 5-15-72, Renumbered from 625-040-0030, 1975, 635-036-0525, 1979

Or. Admin. R. 635-006-0130 Wholesale Fish Bait Dealer License

The sale of food fish or shellfish under a wholesale fish bait dealer’s license for any other purpose than use as bait, for scientific or educational purposes, or for live public display is prohibited.

History

Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 508
Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 508
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FC 246-1972, f. 5-5-72, cert. ef. 5-15-72, Renumbered from 625-040-0030, 1975, 635-036-0530, 1979

Or. Admin. R. 635-006-0131 Retail Fish Bait Dealer License

No license is required of a retail fish bait dealer.

History

Statutory/Other Authority: ORS 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.119 & 506.129
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92

Or. Admin. R. 635-006-0132 Limited Fish Sellers Permit

(1) The permit referred to in ORS 508.550 shall be available to commercial fishers who hold a valid commercial fishing license, and who sell the catch off his or her own vessel, or a vessel operated by the fisher.

(2) It is unlawful under this permit to sell any food fish or shellfish from a vessel which were not taken by that vessel.

(3) Prior to selling food fish from their vessel, the holder of a Limited Fish Seller Permit must notify the Department of the following:

(a) For all fish and shellfish onboard the vessel:

(A) The estimated pounds of food fish for each species or species group, as determined by the Department;

(B) The number of Columbia River sturgeon;

(b) The location where sales are to take place.

(c) All Limited Fish Sellers landing Dungeness crab must report the area of primary catch on the electronic fish ticket at the time of landing.

(4) Submission of an initial electronic fish ticket prior to selling with the information required by section (3)(a) of this rule and completion of the Limited Fish Seller Permit application which identifies location from which the sales occur constitutes the required notice. Change in location of sales from that reported in the Limited Fish Seller Permit application must be reported to the Department.

(5) Dressed fish must have an established dressed to round weight conversion factor.

(6) After the sale of and reporting of whole or dressed food fish, a limited fish seller may conduct or allow limited processing on his/her boat (limited to loining or filleting) of food fish or any part thereof for the ultimate consumer.

History

Statutory/Other Authority: ORS 506.119 & ORS 513.020
Statutes/Other Implemented: ORS 506.129, ORS 508.025, ORS 508.040 & ORS 508.550
DFW 153-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
DFW 63-2003, f. & cert. ef. 7-17-03
DFW 84-1999, f. & cert. ef. 11-1-99
DFW 38-1999, f. & cert. ef. 5-24-99
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 99-1987, f. & ef. 11-17-87
FWC 1-1986, f. & ef. 1-10-86

Or. Admin. R. 635-006-0134 Bonding Requirements

In accordance with ORS 508.415 and 508.550, the minimum bond amount is $25.00 for wholesale bait dealers; $1,000.00 for wholesale fish dealers, fish canners, and shellfish canners; and $200.00 for limited fish sellers. Bond amounts are determined by a total of the landing fees due for the three highest sales months of the previous year, and may be changed at the discretion of the Department. No bond is required of non-reporting fish dealers.

History

Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & ORS 802
Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 802
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 99-1987, f. & ef. 11-17-87
FWC 1-1986, f. & ef. 1-10-86

Or. Admin. R. 635-006-0135 Alteration, Borrow, or Loan License Unlawful

It is unlawful for any person to alter, borrow, or loan any license issued by the Director.

History

Statutory/Other Authority: ORS 508.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 506.306
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FC 246-1972, f. 5-5-72, cert. ef. 5-15-72, Renumbered from 625-040-0055, 635-036-0535

Or. Admin. R. 635-006-0136 License Holder Consent to Inspection

It is unlawful to:

(1) Refuse to present or submit to the inspection of any fishing gear, fish or parts thereof, or license(s) subject to such person’s control when requested or required by any peace officer of this state or upon the request of any authorized Department employee. By purchasing any commercial license or permit, a person consents to these inspections.

(2) Interfere with a fishing gear, fish, license, animal or plant life inspection by any peace officer of this state or any authorized Department employee.

History

Statutory/Other Authority: 506.550, 506.620 & 506.755
Statutes/Other Implemented: 506.550, 506.620 & 506.755
DFW 69-2016, f. & cert. ef. 6-13-16

Or. Admin. R. 635-006-0140 Boat License

(1) A boat license is issued in accordance with ORS 508.035 and 508.260 of the commercial fishing laws and is required for the owner or operator of any boat used in taking food fish or shellfish for commercial purposes, except for the taking of clams or crayfish.

(2) A pair of decals bearing the last two numbers of the year for which the license is issued is included with the license for placement on the licensed boat. The license year decals shall be affixed to the licensed boat in a conspicuous place on each side of the boat on the superstructure as near midship as practicable.

(3) In accordance with subsection (3) of ORS 508.260, the assigned identification number of each licensed commercial fishing boat shall be as follows:

(a) The federal document number (all vessels five registered net tons and over);

(b) The state vessel registration number (all vessels not having a federal document number).

(4) Licensed commercial fishing boats which are federally documented shall have the document identification number displayed on each side of the boat adjacent to the current year license decal in not less than 3-inch high block numbers either placed on the boat or on an identification plate attached to the boat.

(5) Licensed commercial fishing boats which are state registered shall have their identification number displayed on each side of the bow as required by the appropriate laws or rules for displaying such number.

(6) Except as authorized by OAR 635-006-0132 or for fishers having a current Oregon Wholesale Fish Dealer license and Fish Buyer license, it is unlawful to transfer or sell commercially caught food fish, shellfish, or parts thereof, from a commercial fishing vessel to other than an Oregon Wholesale Fish Dealer or Fish Bait Dealer.

(7) As a license condition, owners or operators of commercial fishing vessels must cooperate with Department or Federal fishery observers, or observers collecting data for the Department or Federal agency, when asked, by the Department, to carry and accommodate an observer on fishing trips at no charge to the sponsoring agency.

(a) If observer coverage of a trip is denied by the owner or operator of a vessel, the Department shall require an explanation in writing from the owner or operator. This explanation shall be received by the Department within 15 days of written request by the Department for an explanation.

(b) The Department may request that the Commission revoke fishing permits or licenses for failure to cooperate in the observer program, after first allowing the owner or operator to meet with the Manager of the Marine Resources Program, or their representative, to provide an explanation for the denial.

(c) The Department shall not require the vessel operator or owner to provide an observer with meals or a subsistence allowance on observed fishing trips, but the vessel operator shall accommodate the observer with regard to reasonable eating and working conditions and access to pertinent fishing information and fishery data while aboard the vessel.

(d) Failure to provide reasonable eating and working conditions or access to pertinent fishing information or fishery data to observers, or actions taken by a vessel owner or operator against an observer that is prohibited pursuant to subsection (e), on observed fishing trips may lead to revocation of the vessel’s fishing permits or licenses following the procedure outlined in subsection (b) above.

(e) To ensure that observer objectives may be reasonably and safely achieved, consistent with federal groundfish observer rules, it is unlawful for any person to:

(A) Forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with an observer;

(B) Interfere with or bias the sampling procedure employed by an observer, including physical, mechanical, or other sorting or discarding of any catch before sampling;

(C) Tamper with, destroy or discard an observer’s collected samples, equipment, or personal gear, without the express consent of the observer;

(D) Prohibit or bar by command, impediment, threat, coercion, or refusal of reasonable assistance, an observer collecting samples, making observations, or otherwise performing the observers duties;

(E) Harass an observer by conduct that has sexual connotations, has the purpose or effect of interfering with the observer’s work performance, or otherwise creates an intimidating, hostile or offensive environment; or

(F) Require, pressure, coerce, or threaten an observer to perform duties normally performed by crew members.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119, 506.129, 508.025 & 508.035
Statutes/Other Implemented: ORS 506.109, 506.129, 506.306, 508.025 & 508.035 and 508.260
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 128-2003, f. 12-15-03, cert. ef. 1-1-04
DFW 97-1999, f. 12-27-99, cert. ef. 1-1-00
DFW 38-1999, f. & cert. ef. 5-24-99
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 26-1975, f. 11-28-75, cert. ef. 1-1-76, Renumbered from 625-040-0060, 635-036-0540
FC 246-1972, f. 5-5-72, cert. ef. 5-15-72

Or. Admin. R. 635-006-0145 Commercial Fishing License

(1) A commercial fishing license is issued in accordance with ORS 508.035 and 508.235 of the commercial fishing laws and is required for each individual who for commercial purposes:

(a) Takes or assists in the taking of any food fish or shellfish from the waters or land of this state;

(b) Operates or assists in the operation of any boat or fishing gear for the taking of food fish in the waters of this state; or

(2) A commercial fishing license shall be in the possession of the licensee when engaged in the taking or landing of food fish or shellfish when taken for commercial purposes.

(3) It is unlawful for a licensed commercial fisher to keep any food fish or shellfish taken under such license for personal use.

(4) It is unlawful for a person to participate in any commercial fishery if that person's commercial fishing license is suspended or revoked.

History

Statutory/Other Authority: ORS 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.119 & 506.129
DFW 126-2009, f. & cert. ef. 10-7-09
DFW 142-2008, f. & cert. ef. 11-21-08
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FC 246-1972, f. 5-5-72, cert. ef. 5-15-72, Renumbered from 625-040-0065, 635-036-0545

Or. Admin. R. 635-006-0150 Single Delivery License

(1) The Single Delivery License is issued in accordance with ORS 508.035 for a one-time landing of food fish in a 12-month period and is in lieu of the commercial fishing and boat license described in OAR 635-006-0140 and 635-006-0145. Where “commercial fishing license” is used in ORS 508.235 and “boat license” is used in 508.260, this license may be substituted.

(2) In the absence of a commercial fishing and boat license, it is unlawful to engage in the taking or landing of food fish in waters of this state without a single delivery license.

(3) No food fish shall be removed from a boat requiring a Single Delivery License until the fee for such license is received and such license has been issued by an authorized agent of the Department. The license shall be on board the boat and available for inspection by the Oregon State Police or a representative of the Department whenever food fish are being unloaded.

(4) Single delivery licenses shall be forfeited upon landing to the wholesale fish dealer, who shall attach the license document to the printed copy of the electronic fish ticket. Vessels taking fish outside of state waters may substitute the license fee at the time of landing for the license document.

(5) Vessels operating under a Single Delivery License must comply with OAR 635-006-0140(7), when requested by the Department.

[ED. NOTE: This rule was Renumbered from 625-040-0085, Renumbered from 635-036-0550]

History

Statutory/Other Authority: ORS 506.119 & ORS 508.260
Statutes/Other Implemented: ORS 506.036, ORS 506.129, ORS 506.109, ORS 506.306, ORS 508.025, ORS 508.035, ORS 508.235 & ORS 508.260
DFW 154-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 128-2003, f. 12-15-03, cert. ef. 1-1-04
FWC 81-1985, f. 12-16-85, ef. 1-1-86
FC 246, f. 5-5-72, ef. 5-15-72

Or. Admin. R. 635-006-0155 Juvenile Jig Line License

This license is issued in accordance with ORS 508.121 of the commercial fishing laws.

[ED. NOTE: This rule was Renumbered from 625-040-0090, 1975; Renumbered from 635-036-0555, 1979]

History

Statutory/Other Authority: ORS 508
Statutes/Other Implemented: ORS 508
FC 246, f. 5-5-72, ef. 5-15-72

Or. Admin. R. 635-006-0160 Bait Fishing License

(1) A bait fishing license may be is issued in accordance with ORS 508.312 of the commercial fishing laws and is required for any individual taking or assisting in the taking of food fish or shellfish for sale to a fish bait dealer or for use as bait in a commercial fishing operation. It is unlawful to take any food fish or shellfish under this license for human consumption purposes.

(2) For the purposes authorized under section (1), a bait fishing license serves in lieu of the commercial fishing and boat licenses required under ORS 508.235 and 508.260. This license is not required for individuals already possessing a valid commercial fishing license pursuant to 508.235, provided the vessel they are operating possesses a valid commercial boat license pursuant to 508.260.

[ED. NOTE: This rule was Renumbered from 625-040-0095, Renumbered from 635-036-0560]

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.119, 506.129, 506.306 & 508.312
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 91-2009, f. & cert. ef. 8-10-09
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FC 246, f. 5-5-72, ef. 5-15-72

Or. Admin. R. 635-006-0165 Commercial Fisher Transportation Report

(1) It is unlawful for any commercial fisher or any other person to transport food fish or shellfish in this state without first preparing and having in possession a written transportation report, invoice, or memorandum. The transportation report, invoice, or memorandum shall include the following:

(a) Date;

(b) Name and address of person from whom food fish or shellfish were received. If being transported by a commercial fisher or received from a commercial fisher, including his or her commercial fishing license number;

(c) Name and address of the Oregon licensed Wholesale Fish Dealer or Oregon licensed Fish Bait Dealer where the food fish or shellfish are being delivered; and

(d) The number of each species of food fish or shellfish, their weight or estimated weight in pounds.

(2) Notwithstanding OAR 635-006-0210(2), the food fish or shellfish shall be transported to an Oregon licensed Wholesale Fish Dealer or Oregon licensed Fish Bait Dealer and reported on an electronic fish ticket within 48 hours of arriving in port.

(3) The transportation report, invoice, or memorandum shall be prepared prior to any food fish or shellfish being removed from the boat of original taking or prior to transporting away from the point of initial landing. For clams, the report shall be prepared prior to leaving the beach or clam digging area. For food fish or shellfish transported into Oregon from another state, the report shall be prepared prior to entering the State of Oregon. A bill of lading or freight bill required for common carriers is acceptable in lieu of a transportation report.

(4) The transportation report, invoice, or memorandum shall be retained by the commercial fisher or person transporting the food fish including shellfish for a period of six months and is subject to inspection by the Director, the Director’s authorized agent, or by the Oregon State Police at any time during that period.

(5) This section does not apply to:

(a) Retail fish dealers, retail bait fish dealers, wholesale fish dealers, food fish canners, shellfish canners, and wholesale fish bait dealers when required to keep records in accordance with OAR 635-006-0205 and ORS 508.535; or

(b) Vessels participating in the federal trawl rationalization program that are delivering part of their catch to licensed dealers in Washington or California.

History

Statutory/Other Authority: ORS 506.119 & ORS 508.260
Statutes/Other Implemented: ORS 506.036, ORS 506.109, ORS 506.129, ORS 506.306, ORS 508.535, ORS 508.260, ORS 508.025 & ORS 508.235
DFW 155-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 32-2013, f. & cert. ef. 5-14-13
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 38-1999, f. & cert. ef. 5-24-99
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FC 246-1972, f. 5-5-72, cert. ef. 5-15-72, Renumbered from 625-040-0100, 635-036-0565

Or. Admin. R. 635-006-0200 Required Records

(1) All retail fish dealers, retail and wholesale fish bait dealers, wholesale fish dealers, buyers, food fish canners and shellfish canners shall keep a record of all food fish and shellfish received whether from a fisher or from other fish dealers. This record shall include the quantity in pounds of each species of food fish or shellfish received, the date received, price paid per pound, and the name and address of the person from whom such food fish or shellfish were received. If received from a fisher, his or her commercial fishing license number shall be used in lieu of an address and the fishing gear used in taking shall also be required. If received from a treaty Indian, his or her tribal affiliation and enrollment number as shown on official identification card issued by the U.S. Department of Interior, Bureau of Indian Affairs, or tribal government shall be used in lieu of an address or commercial fishing license.

(2) This record shall be:

(a) Subject to inspection by the Director, the Director's authorized agent, or the Oregon State Police;

(b) Prepared and available at the time food fish or shellfish are received at the premises of the fish dealer regardless of whether purchased or not;

(c) Retained for a period not less than three years, at a location within Oregon where the record is to be available for inspection as designated in section (2)(a) of this rule. Notice of the physical location is to be provided to the Department.

(d) Written in the English language.

History

Statutory/Other Authority: ORS 506.109, 506.119, 506.129, 508.406, 508.530 & 508.535
Statutes/Other Implemented: ORS 506.109, 506.119, 506.129, 508.406, 508.530 & 508.535
DFW 151-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
FWC 68-1994, f. 9-28-94, cert. ef. 10-1-94
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 28, f. 11-28-75, cert. ef. 1-1-76, Renumbered from 625-040-0125, 635-036-0570
FC 246-1972, f. 5-5-72, cert. ef. 5-15-72

Or. Admin. R. 635-006-0201 Required Records for Dungeness Crab Traceability

(1) For the purposes of this rule, “Dungeness crab” means all Dungeness crab products whether live, cooked, or processed.

(2) For all Dungeness crab received the records required by OAR 635-006-0200 shall include the following additional information:

(a) Date(s) of landing; and

(b) Harvest area(s) as defined by the Department.

(3) All retail fish dealers, wholesale fish dealers, buyers, limited fish sellers, food fish canners, and shellfish canners shall keep a record of all Dungeness crab sold to any person or business other than the ultimate consumer. For the purposes of this rule, ultimate consumer does not include restaurants. This record shall include:

(a) Date of sale;

(b) Date(s) of landing;

(d) The name and phone number of the persons or businesses to whom Dungeness crab were sold; and

(e) Harvest area(s) as defined by the Department.

(4) Harvest areas are defined by latitudinal boundaries found on the Dungeness Crab Harvest Area Map located at http://www.dfw.state.or.us/MRP/shellfish/commercial/crab/commercial_crab_harvest_areas.asp (dated 10/15/2021), and that document is hereby incorporated into this rule by reference.

(5) It is unlawful for records required by OAR 635-006-0200 to include any harvest area, individually or within a range, other than those harvest areas from which Dungeness crab were taken unless the Dungeness crab has been processed to remove the viscera. Notwithstanding the foregoing, in the event that Dungeness crab from different harvest areas are comingled and subsequently separated for repackaging, records for the repackaged Dungeness crab may include all harvest areas from which Dungeness crab were originally taken and comingled prior to the repackaging.

(6) Dungeness crab taken from different harvest areas may be comingled by any entity required to keep harvest area records by section (1) or (2) of this rule as long as records from the time of comingling forward include every harvest area from which the comingled Dungeness crab were taken.

(7) The records required in this rule shall be:

(a) Subject to inspection by the Director, the Director's authorized agent, the Oregon Department of Agriculture, or the Oregon State Police;

(b) Prepared and available at the time Dungeness crab are transferred to the premises of the buyer, regardless of whether sold or not;

(c) Retained for a period not less than three years, at a location within Oregon where the record is to be available for inspection as designated in section (7)(a) of this rule. Notice of the physical location is to be provided to the Department.

(d) Written in the English language.

History

Statutory/Other Authority: 506.109, 506.119, 506.129, 508.406, 508.530 & 508.535
Statutes/Other Implemented: 506.109, 506.119, 506.129, 508.406, 508.530 & 508.535
DFW 9-2022, amend filed 02/04/2022, effective 02/05/2022
DFW 10-2021, temporary amend filed 02/10/2021, effective 02/10/2021 through 08/06/2021
DFW 55-2018, adopt filed 05/02/2018, effective 05/29/2018
DFW 144-2017, temporary adopt filed 11/01/2017, effective 12/01/2017 through 05/29/2018

Or. Admin. R. 635-006-0205 Required Reports

(1) Every licensed wholesale fish dealer, wholesale fish bait dealer, food fish canner, and shellfish canner shall report all food fish or shellfish received from commercial fishers or commercial bait fishers authorized to land his or her catch in Oregon or received from a fish dealer from another state in which no tax or fee is levied and collected on the food fish or shellfish.

(2) As used in these regulations, any licensed wholesale fish dealer, fish buying station, fish buyer, bait dealer or canner whose licensed premises includes a receiving or docking facility for unloading the catch from a commercial fishing vessel shall be considered as the receiver and purchaser and shall have the responsibility for weighing the catch, reporting, and paying landing fees on such catch. The aforementioned premises shall only be licensed by one wholesale dealer, fish buying station, fish buyer, bait dealer or canner at one given time, except as provided in section (3) of this rule.

(3) Notwithstanding section (2) of this rule, upon receipt and approval by the Department of a Memorandum of Understanding in a form provided by the Department and signed by both parties, a licensed wholesale fish dealer or canner (identified as primary dealer) whose licensed premises includes a receiving or docking facility for unloading the catch from a commercial fishing vessel may act as an agent for another licensed wholesale fish dealer or canner (identified as secondary dealer).

(a) Through the Memorandum of Understanding the primary dealer agrees:

(A) To unload fish or shellfish products at their licensed receiving or buying dock from fishing vessels who are providing catch to the secondary dealer as per prior agreement and arrangement with the secondary dealer;

(B) To confirm that the landing is legal and the species are legal;

(C) To accurately report on an electronic fish ticket or dock receipt, assigned to the secondary dealer by the Department, all landing information in accordance with OAR 635-006-0210, with the exception of price;

(D) To obtain fisher signature on an electronic fish ticket or dock receiptreporting such catch in accordance with OAR 635-006-0211;

(E) To, upon transfer of the landed product from the primary dealer to the secondary dealer, provide the electronic fish ticket or dock receiptof the landing to the secondary dealer; and

(F) To retain a record of the required landing information of such catches.

(b) In addition, through the Memorandum of Understanding, the secondary dealer agrees:

(A) To obtain the appropriate buyer’s license;

(B) To complete an electronic fish ticket that reports the transferred product landed at the receiving or buying dock of the primary dealer, by adding the species ex-vessel price;

(D) To submit to the Department a monthly remittance report and accompanying landing fees in accordance with OAR 635-006-0215.

(c) The Department may withdraw its approval of any Memorandum of Understanding effective seven calendar days from postmark of written notice, based on the failure to abide by any of the terms of the Memorandum of Understanding or violation of any provision of this rule. If the Department withdraws its approval, then section (2) of this rule shall be applicable.

(4) Two basic reports required for reporting the commercial catch of food fish and shellfish and the payment of landing fees due on such catch are:

(a) The State of Oregon electronic fish ticket; and

(b) The Fish Dealer Monthly Remittance Report. These reports shall be submitted on forms supplied or approved by the Department and completed in accordance with OAR 635-006-0210 and 635-006-0215.

(5) For pink shrimp unloaded at a receiving or docking facility of a wholesale fish dealer or shellfish canner, the following shall apply:

(a) All pink shrimp shall be weighed and the net weight (pounds of raw shrimp landed) recorded on an electronic fish ticket or dock receipt before being removed from the receiving facility and prior to processing;

(b) Notwithstanding subsection (5)(a) of this rule, a minimum sampling method or equivalent method may be used to estimate the net weight provided such method is approved and authorized in writing by the Department;

(c) Those wholesale fish dealers or canners authorized to use the sampling procedure in subsection (5)(b) of this rule are subject to inspection for accuracy by the Department or by the Oregon State Police, at any time. Authorization for use of a sampling procedure may be withdrawn if, in the judgment of the Department, the procedure employed is likely to be inaccurate.

(6) All commercial fishers landing Dungeness crab must report the area of primary catch to the dealer at the time of landing. The dealer is responsible for recording this information on the electronic fish ticket.

(7) For wholesale fish bait dealers landing less than 5,000 pounds daily of species defined in OAR 635-004-0220(3)(b)(C) and 635-004-0220(3)(b)(D), the following shall apply:

(a) Wholesale fish bait dealers may request the Department allow an estimate of the net weight of fish caught on an electronic fish ticket.

(b) The Department may issue a written approval of requests made under subsection (6)(a) of this rule if the permittee uses a minimum sampling method or equivalent method to estimate the net weight, provided such method is acceptable to the Department.

(c) Those wholesale fish bait dealers authorized to use a sampling procedure approved under subsection (6)(b) of this rule are subject to inspection for accuracy by the Department or by the Oregon State Police, at any time. Authorization for use of a sampling procedure may be withdrawn if, in the judgment of the Department, the procedure employed is likely to be inaccurate.

(8) Notwithstanding section (2) of this rule, for vessels registered to a federal limited entry trawl permit with a Catcher/Processor endorsement, and a valid declaration for the limited entry, midwater trawl, Pacific whiting catcher/processor sector, and landing processed fish, the owner of such vessel shall have the responsibility for weighing the catch, reporting, and paying landing fees on such catch.

History

Statutory/Other Authority: ORS 506.119 & ORS 508.260
Statutes/Other Implemented: ORS 506.036, ORS 506.109, ORS 506.129, ORS 508.260, ORS 506.306, ORS 508.025, ORS 508.035 & ORS 508.235
DFW 156-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 93-2024, temporary amend filed 10/03/2024, effective 10/07/2024 through 12/31/2024
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 91-2009, f. & cert. ef. 8-10-09
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 38-1999, f. & cert. ef. 5-24-99
FWC 23-1996, f. & cert. ef. 5-10-96
FWC 78-1993, f. & cert. ef. 12-6-93
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 15-1981, f. 4-24-81, ef. 5-1-81
FWC 28-1975, f. 11-28-75, cert. ef. 1-1-76, Renumbered from 625-040-0130, 635-036-0575
FC 274-1974, f. 3-20-74, cert. ef. 4-11-74
FC 246-1974, f. 5-5-72, cert. ef. 5-15-72

Or. Admin. R. 635-006-0207 Limited Fish Seller Required Reports

(1) This regulation is in addition to, and not in lieu of the provisions contained in OAR 635-006-0205.

(2) Every licensed Limited Fish Seller shall report all food fish or shellfish sold directly to consumers.

(3) Two reports required for reporting the commercial sale and the payment of landing fees due on such catch are:

(a) The State of Oregon electronic fish ticket; and

(b) The Fish Dealer Monthly Remittance Report. These reports shall be submitted on forms supplied or approved by the Department and completed in accordance with OAR 635-006-0210 and 635-006-0215. In addition, a sequentially numbered receipt for each individual sale shall be issued to the purchaser at time of purchase, and to the fisher if fish are to be kept for take home use. This receipt shall include the date, species, weight in pounds, price, number of fish or shellfish, and vessel name. A copy shall be retained on the vessel for a period of six months and available for three years and is subject to inspection by the Oregon State Police or authorized Department employee.

History

Statutory/Other Authority: ORS 506.119 & ORS 508.260
Statutes/Other Implemented: ORS 506.109, ORS 506.129, ORS 508.260, ORS 506.036, ORS 508.025, ORS 508.035, ORS 508.235 & ORS 506.306
DFW 157-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
FWC 142-1991, f. 12-31-92, cert. ef. 1-1-92
FWC 99-1987, f. & ef. 11-17-87
FWC 1-1986, f. & ef. 1-10-86

Or. Admin. R. 635-006-0209 Sorting Required

(1) It is unlawful to fail to sort into the categories listed in sections (2) and (3) of this rule, prior to the first weighing after offloading, those groundfish species or species groups for which there is a trip limit, quota, harvest guideline, harvest cap, size limit, scientific sorting designation, Optimum Yield (OY) or Annual Catch Limit (ACL).

(2) Federal sorting requirements must be met for the following sectors:

(a) Trawl fisheries pursuant to 660.130(d), subpart D of the Code of Federal Regulations;

(b) Limited Entry Fixed Gear groundfish fisheries pursuant to 660.230(c), subpart E of the Code of Federal Regulations; and

(3) Nearshore species must be sorted into the following categories:

(a) Black rockfish;

(b) Black and Yellow rockfish;

(d) Brown rockfish;

(e) Cabezon;

(f) Calico rockfish;

(g) China rockfish;

(h) Copper rockfish;

(i) Gopher rockfish;

(j) Grass rockfish;

(k) Greenling;

(l) Kelp rockfish;

(m) Olive rockfish;

(n) Quillback rockfish;

(o) Tiger rockfish;

(p) Treefish;

(q) Vermilion rockfish.

(4) Blackspotted rockfish, rougheye rockfish, and shortraker rockfish must be sorted into the following categories:

(a) Blackspotted rockfish and rougheye rockfish;

(b) Shortraker rockfish.

History

Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306
DFW 4-2015, f. 1-13-15, cert. ef. 1-15-15
DFW 164-2014(Temp), f. 12-15-14, cert. ef. 1-1-15 thru 1-16-15
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

Or. Admin. R. 635-006-0210 Electronic Fish Ticket — All Fish

(1) Except as provided in OAR 635-006-0211, for each purchase of food fish or shellfish by a licensed wholesale fish dealer, wholesale fish bait dealer, food fish canner, or shellfish canner from a commercial fisher or commercial bait fisher, the dealer or canner shall prepare at the time of landing an electronic fish ticket or dock receipt provided the original dock receipt is attached to a printedcopy of the electronic fish ticket and kept on file for inspection by the Director, the Director’s authorized agent, or by the Oregon State Police.

(2) Electronic fish ticketsshall include the following:

(a) Fish dealer's name and license number, including the buying station and location if the food fish or shellfish were received at any location other than the licensed premises of the fish dealer;

(b) Date of landing;

(c) His or her name from whom purchase is made. If not landed from a vessel, then his or her commercial license number shall be added. If received from a Columbia River treaty Indian, his or her tribal affiliation and enrollment number as shown on the official identification card issued by the U.S. Department of Interior, Bureau of Indian Affairs, or tribal government, shall be used in lieu of an address or commercial fishing license;

(d) Boat name, boat license number, and federal document or State Marine Board number from which catch made;

(e) For groundfish harvested in the limited entry fixed gear fishery, the federal limited entry fixed gear permit number associated with the landing or portion of landing, which shall be provided by the vessel operator to the preparer of the electronic fish ticket;

(f) Port of first landing. The port of first landing will be recorded as where a vessel initially crosses from the Pacific Ocean to inland waters, or is physically removed from the Pacific Ocean, for the purposes of ending a fishing trip;

(g) Fishing gear used by the fisher;

(h) For salmon, zone or area of primary catch and for Dungeness crab, all harvest areas as defined by OAR 635-006-0201 from which Dungeness crab were taken;

(i) Species or species group, as determined by the Department, of food fish or shellfish received;

(j) Pounds of each species or species group, as determined by the Department, received:

(A) Pounds must be determined and reported based on condition of the fish when landed, either dressed or round. Dressed pounds may only be used for species with a conversion factor listed at OAR 635-006-0215(3)(f). Measures must be taken using a certified scale.

(B) Pounds shall include those fish or shellfish with no commercial value.

(k) For Columbia River sturgeon the exact number of fish received and the actual round weight of that number of fish;

(l) Price paid per pound for each species received;

(m) Signature of the individual preparing the electronic fish ticket;

(n) Signature of the vessel operator making the landing; and

(o) Species name, pounds and value of fish retained by fisher for take home use.

(3) Except as otherwise provided in this rule, the electronic fish ticket shall be submitted to the Department within one working dayof the date of landing.

(4) For Columbia River non-treaty mainstem and Select Area commercial fisheries downstream of Bonneville Dam, each licensed wholesale fish dealer, wholesale fish bait dealer, limited fish seller, and food fish canner must submit an electronic fish ticket within 24 hours of closure of the fishing period, or within 24 hours of landing for fishing periods lasting longer than 24 hours.

(5) Wholesale fish bait dealers landing small quantities of food fish or shellfish may request authorization to combine multiple landings on one electronic fish ticket and to deviate from the time in which electronic fish tickets are due to the Department. Such request shall be in writing, and written authorization from the Department shall be received by the wholesale fish bait dealer before any such deviations may occur.

(6) Notwithstanding section (2)(j)(A) of this rule, for vessels registered to a federal limited entry trawl permit with a Catcher/Processor endorsement, and a valid declaration for the limited entry, midwater trawl, Pacific whiting catcher/processor sector, and landing processed fish, round pounds may be determined at sea prior to landing using scales that meet the requirements of the Code of Federal Regulations, Part 660, Subpart C, Section 660.15(b).

History

Statutory/Other Authority: ORS 506.119 & ORS 508.260
Statutes/Other Implemented: ORS 506.036, ORS 506.109, ORS 506.129, ORS 508.025, ORS 508.260, ORS 506.306, ORS 508.035 & ORS 508.235
DFW 158-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 44-2025, temporary amend filed 06/10/2025, effective 07/01/2025 through 11/30/2025
DFW 93-2024, temporary amend filed 10/03/2024, effective 10/07/2024 through 12/31/2024
DFW 139-2022, minor correction filed 10/04/2022, effective 10/04/2022
DFW 34-2022, amend filed 04/08/2022, effective 04/08/2022
DFW 6-2022, temporary amend filed 01/27/2022, effective 01/28/2022 through 03/31/2022
DFW 178-2021, temporary amend filed 12/21/2021, effective 12/28/2021 through 12/31/2021
DFW 113-2021, temporary amend filed 08/06/2021, effective 08/07/2021 through 12/27/2021
DFW 80-2021, temporary amend filed 06/21/2021, effective 07/01/2021 through 08/03/2021
DFW 9-2021, temporary amend filed 02/10/2021, effective 02/10/2021 through 08/03/2021
DFW 7-2021, temporary amend filed 02/08/2021, effective 02/08/2021 through 08/03/2021
DFW 148-2019, amend filed 09/30/2019, effective 12/01/2019
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
DFW 42-2018, temporary amend filed 04/06/2018, effective 04/06/2018 through 10/02/2018
DFW 95-2017(Temp), f. 7-26-17, cert. ef. 7-30-17 thru 12-31-17
DFW 7-2017(Temp), f. 2-1-17, cert. ef. 2-2-17 thru 7-29-17
DFW 149-2016, f. 12-7-16, cert. ef. 1-1-17
DFW 90-2016(Temp), f. 7-12-16, cert. ef. 7-29-16 thru 12-31-16
DFW 4-2016(Temp), f. 1-26-16, cert. ef. 2-1-16 thru 7-29-16
DFW 100-2015(Temp), f. & cert. ef. 8-4-15 thru 12-31-15
DFW 136-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 151-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 164-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 10-2004, f. & cert. ef. 2-13-04
DFW 117-2003(Temp), f. 11-25-03, cert. ef. 12-1-03 thru 2-29-04
DFW 63-2003, f. & cert. ef. 7-17-03
FWC 23-1995, f. 3-29-95, cert. ef. 4-1-95
FWC 16-1995(Temp), f. & cert. ef. 2-16-95
FWC 53-1992, f. 7-17-92, cert. ef. 7-20-92
FWC 22-1992(Temp), f. 4-10-92, cert. ef. 4-13-91
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 99-1987, f. & cert. ef. 11-17-87
FWC 1-1986, f. & cert. ef. 1-10-86
FWC 28-1975, f. 11-28-75, cert. ef. 1-1-76, Renumbered from 625-040-0135, 635-036-0580
FC 274-1974, f. 3-20-74, cert. ef. 4-11-74
FC 246-1972, f. 5-5-72, cert. ef. 5-15-72

Or. Admin. R. 635-006-0211 Electronic Fish Ticket — Dungeness Crab and Net Caught Groundfish

(1) This regulation is in addition to, and not in lieu of, the provisions contained in OAR 635-006-0210.

(2) For net-caught groundfish, at time of landing the following information may be recorded on a dock receipt in lieu of an electronic fish ticket provided this original dock receipt is attached to the completed dealer copy of the electronic fish ticket that is kept on file at the dealer’s location for review upon request by the Director, Director’s authorized agent, or by the Oregon State Police:

(a) Date of landing;

(b) Boat name and federal document or State Marine Board number from which catch was made;

(c) Port of first landing. The port of first landing will be recorded as where a vessel initially crosses from the Pacific Ocean to inland waters, or is physically removed from the Pacific Ocean, for the purposes of ending a fishing trip;

(d) Pounds of fish by species or species group, as determined by the Department:

(A) Pounds must be determined based on condition of the fish when landed, either dressed or round. Dressed pounds may only be used for species with a conversion factor listed at OAR 635-006-0215(3)(f). Measures must be taken using a certified scale.

(B) Pounds shall include “weighbacks” by species. “Weighbacks” are those fish or shellfish with no commercial value.

(e) Signature of the vessel operator delivering the catch.

(3) For Dungeness crab, at time of landing the following may be recorded on a dock receipt in lieu of an electronic fish ticket, provided the original dock receipt is attached to a printed copy of the electronic fish ticket that is kept on file at the dealer’s location for review upon request by the Director, Director’s authorized agent, or by the Oregon State Police:

(a) Fish dealer’s name and dealer license number;

(b) Date of landing;

(d) Vessel name, vessel license number, and the federal document or State Marine Board number of the vessel from which catch was made;

(e) Port name of first landing. The port of first landing will be recorded as where a vessel initially crosses from the Pacific Ocean to inland waters, or is physically removed from the Pacific Ocean, for the purposes of ending a fishing trip;

(f) Fishing gear used by the fisher;

(g) Gross pounds of food fish received, and price paid per pound; and

(h) Signature of both the vessel operator making the landing and the individual preparing the dock receipt or electronic fish ticket.

(4) Notwithstanding section (2)(d)(A) of this rule, for vessels registered to a federal limited entry trawl permit with a Catcher/Processor endorsement, and a valid declaration for the limited entry, midwater trawl, Pacific whiting catcher/processor sector, and landing processed fish, round pounds may be determined at sea prior to landing using scales that meet the requirements of the Code of Federal Regulations, Part 660, Subpart C, Section 660.15(b).

History

Statutory/Other Authority: ORS 506.119 & ORS 508.260
Statutes/Other Implemented: ORS 506.036, ORS 506.109, ORS 506.129, ORS 508.025, ORS 508.260, ORS 506.306, ORS 508.035 & ORS 508.235
DFW 159-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 93-2024, temporary amend filed 10/03/2024, effective 10/07/2024 through 12/31/2024
DFW 151-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 164-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 63-2003, f. & cert. ef. 7-17-03
FWC 53-1992, f. 7-17-92, cert. ef. 7-20-92
FWC 22-1992(Temp), f. 4-10-92, cert. ef. 4-13-92
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92

Or. Admin. R. 635-006-0212 Electronic Fish Ticket — Salmon

(1) This regulation is in addition to, and not in lieu of, the provisions contained in OAR 635-006-0210.

(2) For Ocean Troll-caught salmon, electronic fish tickets shall show the number of each species of salmon landed, the number of halibut landed, if any, and the number of days fished during the trip in which the salmon were caught.

(3) It is lawful for licensed wholesale fish dealers, canners, or buyers to purchase gilled and gutted Columbia River salmon from individuals possessing Indian treaty rights, as defined in OAR 635-041-0005, if lawfully taken during open commercial Treaty Indian fisheries. The licensed wholesale dealer must submit landed weights on the electronic fish ticket. Any gilled and gutted salmon must be reported using the appropriate condition code (60) which uses the conversion factor of 1.17 listed in OAR 635-006-0215 for Treaty Indian Fishery Columbia River salmon and steelhead trout.

History

Statutory/Other Authority: ORS 506.119 & ORS 508.260
Statutes/Other Implemented: ORS 506.036, ORS 506.109, ORS 506.129, ORS 508.025, ORS 508.260, ORS 506.306, ORS 508.035 & ORS 508.235
DFW 160-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
DFW 71-2018, temporary amend filed 06/19/2018, effective 06/19/2018 through 12/15/2018
DFW 72-2017(Temp), f. and cert. ef. 6-14-17 thru 12-9-17
Reverted to DFW 31-2015, f. & cert. ef. 4-27-15
DFW 51-2016(Temp), f. 5-17-16, cert. ef. 5-18-16 thru 11-13-16
Reverted to DFW 31-2015, f. & cert. ef. 4-27-15
DFW 33-2015(Temp), f. 4-28-15, cert. ef. 5-1-15 thru 10-27-15
DFW 28-2015(Temp), f. 4-9-15, cert. ef. 5-1-15 thru 10-27-15
DFW 31-2015, f. & cert. ef. 4-27-15
Reverted to DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 106-2014(Temp), f. 7-30-14, cert. ef. 8-1-14 thru 12-31-14
Reverted to DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 68-2013(Temp), f. & cert. ef. 7-3-13 thru 12-30-13
Reverted to DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 83-2012(Temp), f. & cert. ef. 7-5-12 thru 12-31-12
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
Reverted to DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
DFW 102-2011(Temp), f. 7-29-11, cert. ef. 8-1-11 thru 10-31-11
Reverted to DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
DFW 47-2010(Temp), f. 4-26-10, cert. ef. 4-27-10 thru 10-23-10
Reverted to DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
DFW 70-2009(Temp), f. 6-15-09, cert. ef. 6-16-09 thru 12-12-09
Reverted to DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
DFW 79-2008(Temp), f. & cert. ef. 7-10-08 thru 12-31-08
Reverted to DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
DFW 44-2006(Temp), f. & cert. ef. 6-19-06 thru 12-15-06
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
DFW 63-2003, f. & cert. ef. 7-17-03
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92

Or. Admin. R. 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 daily entries of fish sold on an electronic fish ticket. The electronic fish ticket shall include, for each day’s sales:

(a) Limited Fish Seller’s name and license number;

(b) Date of sales;

(d) For groundfish harvested in the limited entry fixed gear fishery, the federal limited entry fixed gear permit number associated with the landing or portion of landing;

(e) Port of first landing. The port of first landing will be recorded as where a vessel initially crosses from the Pacific Ocean to inland waters, or is physically removed from the Pacific Ocean, for the purposes of ending a fishing trip;

(f) Fishing gear used;

(g) Species or species group of fish or shellfish sold;

(h) Quantity in pounds;

(i) Price received per pound;

(j) Signature of the individual preparing the electronic fish ticket;

(k) Name of wholesale fish dealer to whom other food fish or shellfish were sold from the same fishing trip; and

(l) For Ocean Troll-caught salmon, electronic fish tickets shall show the number of each species of salmon landed, the number of halibut landed, if any, and the number of days fished during the trip in which the salmon were caught.

(3) The electronic fish ticket covering fish and shellfish sold per trip shall be submitted within one working day of completing sales.

History

Statutory/Other Authority: ORS 506.119 & ORS 508.260
Statutes/Other Implemented: ORS 506.036, ORS 506.109, ORS 506.129, ORS 508.025, ORS 508.260, ORS 506.306, ORS 508.035 & ORS 508.235
DFW 161-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 148-2019, amend filed 09/30/2019, effective 12/01/2019
DFW 31-2015, f. & cert. ef. 4-27-15
DFW 136-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
DFW 63-2003, f. & cert. ef. 7-17-03
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92

Or. Admin. R. 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) Limited Fish Sellers selling food fish or shellfish.

(2) Except as provided in OAR 635-006-0220, the report is required even though no food fish or shellfish are received or sold during the calendar month covered by the report.

(3) The following information shall be included on the report:

(a) Fish dealer’s name, license number, and address;

(b) Calendar month of the report;

(c) Total pounds of all salmon and steelhead received or sold during the calendar month on which poundage fees are due. Salmon and steelhead may be reported as round weight, dressed head on or dressed head off;

(d) Total value of salmon and steelhead received or sold during the calendar month including fish eggs and parts;

(e) Total value of all other food fish and shellfish including eggs and parts;

(f) Total pounds in the round of all other species of food fish or shellfish received or sold during the calendar month on which taxes are due. When landed in a dressed condition, the following listed species may be converted to round weight for the purposes of completing monthly reports, by multiplying each applicable below-listed factor by the dressed weight of that species:

(A) Ocean Troll salmon:

(i) Gilled and gutted 1.15

(ii) Gilled, gutted, and headed 1.30

(B) Treaty Indian Fishery Columbia River salmon and steelhead trout: Gilled and gutted 1.17

(i) Gilled and gutted 1.15

(ii) Gilled, gutted, and headed 1.35

(D) Sablefish, gutted and headed 1.60

(E) Pacific whiting:

(i) Fillet 2.86

(ii) Headed and gutted 1.56

(iii) Headed and gutted with tail removed 2.0

(F) Thresher shark, gutted and headed 1.41

(G) Blue shark, gutted and headed 1.49

(H) Pacific spiny dogfish, gutted and headed 1.81

(I) Shortfin mako shark, gutted and headed 1.45

(J) Soupfin shark, gutted and headed 1.96

(K) Other sharks, gutted and headed 1.72

(L) Swordfish gutted and headed, with fins and bloodline removed 1.45

(M) Lingcod:

(i) Gilled and gutted 1.1

(ii) Gilled, gutted and headed 1.5

(N) Spot prawn, tails 2.24

(O) Rockfish (including thornyheads), except Pacific Ocean Perch:

(i) Gilled and gutted 1.14

(ii) Gutted and headed 1.75

(iii) Gutted and headed, with collarbone still attached to body (western cut) 1.66

(iv) Gutted and headed, with collarbone removed from body (eastern cut) 2.0

(P) Pacific Ocean Perch:

(i) Gilled and gutted 1.14

(ii) Gutted and headed 1.6

(Q) Pacific Cod:

(i) Gilled and gutted 1.23

(ii) Gutted and headed 1.58

(R) Dover sole, English sole, and “other flatfish” as defined in Title 50 of the Code of Federal Regulations, part 660 Subpart C, gutted and headed 1.53

(S) Petrale sole:

(i) Gilled and gutted 1.16

(ii) Gutted and headed 1.51

(T) Arrowtooth flounder, gutted and headed 1.35

(U) Starry flounder, gutted and headed 1.49

(V) Groundfish, glazed:

(i) Conversion factors must be calculated for each landing for each species or species group categorized in OAR 635-006-0209 when there are 60 or greater individuals of a category in a single landing as follows:

(I) Weigh a sample of at least 20 glazed fish to obtain the glazed weight;

(II) Completely remove glaze from individual fish making up the sample;

(III) Re-weigh the sample to obtain the non-glazed weight;

(IV) Divide the non-glazed weight by the glazed weight to obtain the conversion factor;

(V) A separate conversion factor may be calculated for each size grade of a species, but may only be applied to landings of that size grade;

(VI) Documentation of this calculation must be retained with the dock receipt.

(ii) A conversion factor of 0.95 must be applied when there are fewer than 60 individuals of any species or species group categorized in OAR 635-006-0209 in a single landing.

(g) Total value of food fish landed in another state but not taxed by that state;

(h) Total pounds in the round of all food fish landed in another state but not taxed by that state;

(i) Total fees due in accordance with ORS 508.505; and

(j) Signature of the individual completing the report.

(4) The monthly report and all landing fees due shall be sent to the Department on or before the 20th of each month for the preceding calendar month. Landing fees are delinquent if not received or postmarked within 20 days after the end of the calendar month. A penalty charge of $5 or five percent of the landing fees due, whichever is larger, shall be assessed along with a one percent per month interest charge on any delinquent landing fee payments.

(5) Notwithstanding section (3)(g) of this rule, for vessels registered to a federal limited entry trawl permit with a Catcher/Processor endorsement, and a valid declaration for the limited entry, midwater trawl, Pacific whiting catcher/processor sector, and landing processed fish, round pounds may be determined at sea prior to landing using scales that meet the requirements of the Code of Federal Regulations, Part 660, Subpart C, Section 660.15(b).

History

Statutory/Other Authority: ORS 506.119 & ORS 508.260
Statutes/Other Implemented: ORS 506.036, ORS 506.109, ORS 506.129, ORS 508.260, ORS 506.306, ORS 508.025, ORS 508.035 & ORS 508.235
DFW 162-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 93-2024, temporary amend filed 10/03/2024, effective 10/07/2024 through 12/31/2024
DFW 172-2019, amend filed 12/10/2019, effective 01/01/2020
DFW 123-2019, temporary amend filed 08/21/2019, effective 08/21/2019 through 01/31/2020
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
DFW 71-2018, temporary amend filed 06/19/2018, effective 06/19/2018 through 12/15/2018
DFW 1-2018, amend filed 01/01/2018, effective 01/01/2018
DFW 110-2017(Temp), f. & cert. ef. 8-11-17 thru 2-5-18
DFW 72-2017 (Temp), f. & cert. ef. 6-14-17 thru 12-9-17
DFW 51-2016(Temp), f. 5-17-16, cert. ef. 5-18-16 thru 11-13-16
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 28-2015(Temp), f. 4-9-15, cert. ef. 5-1-15 thru 10-27-15
DFW 4-2015, f. 1-13-15, cert. ef. 1-15-15
DFW 106-2014(Temp), f. 7-30-14, cert. ef. 8-1-14 thru 12-31-14
DFW 68-2013(Temp), f. & cert. ef. 7-3-13 thru 12-30-13
DFW 151-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 83-2012(Temp), f. & cert. ef. 7-5-12 thru 12-31-12
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 164-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 102-2011(Temp), f. 7-29-11, cert. ef. 8-1-11 thru 10-31-11
DFW 157-2010, f. 12-6-10, cert. ef. 1-1-11
DFW 47-2010(Temp), f. 4-26-10, cert. ef. 4-27-10 thru 10-23-10
DFW 39-2010(Temp), f. 3-30-10, cert. ef. 4-1-10 thru 9-27-10
DFW 73-2009(Temp), f. 6-24-09, cert. ef. 6-25-09 thru 12-21-09
DFW 70-2009(Temp), f. 6-15-09, cert. ef. 6-16-09 thru 12-12-09
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 79-2008(Temp), f. & cert. ef. 7-10-08 thru 12-31-08
DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 118-2005(Temp), f. & cert. ef. 10-10-05 thru 12-31-05
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
DFW 112-2003, f. & cert. ef. 11-14-03
DFW 38-1999, f. & cert. ef. 5-24-99
FWC 5-1993, f. 1-22-93, cert. ef. 1-25-93
FWC 53-1992, f. 7-17-92, cert. ef. 7-20-92
FWC 22-1992(Temp), f. 4-10-92, cert. ef. 4-13-92
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 99-1987, f. & cert. ef. 11-17-87
FWC 4-1987, f. & cert. ef. 2-6-87
FWC 1-1986, f. & cert. ef. 1-10-86
FWC 27-1981, f. & cert. ef. 8-14-81
FWC 25-1981(Temp), f. 7-8-81, ef. 7-15-81
FWC 17-1981(Temp), f. & cert. ef. 5-22-81
FWC 48-1978, f. & cert. ef. 9-27-78, Renumbered from 635-036-0585
FWC 28-1975, f. 11-28-75, cert. ef. 1-1-76, Renumbered from 625-040-0140
FC 274-1974, f. 3-20-74, cert. ef. 4-11-74
FC 246-1972, f. 5-5-72, cert. ef. 5-15-72

Or. Admin. R. 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 calendar year or all food fish or shellfish purchased during the year will be received from other wholesale fish dealers. The waiver request shall be in writing and shall include the reason for the request and, if applicable, the names of the wholesale fish dealers from whom food fish will be received.

(2) Any licensed limited fish seller may request waiver of the filing of monthly reports when no food fish or shellfish will be sold for more than two months in a calendar year. The waiver request must be in writing and include the reason for the request.

History

Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 802
Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 802
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 99-1987, f. & cert. ef. 11-17-87
FWC 1-1986, f. & cert. ef. 1-10-86
FC 246-1972, f. 5-5-72, cert. ef. 5-15-72, Renumbered from 625-040-0145, 635-036-0590

Or. Admin. R. 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 pursuant to restrictions set forth in sections (2) through (4) of this rule. In addition, steelhead trout and walleye taken lawfully by treaty Indians during commercial fishing seasons may be purchased and/or possessed by any individual pursuant to restrictions set forth in section (5) of this rule.

(2) The wholesale fish dealer, canner, or buyer, shall at the time of purchase, enter the purchase of steelhead trout and walleye on a Columbia River Tribal electronic fish ticket or dock receipt provided the original dock receipt is attached to the completed dealer copy of the Electronic Fish Ticket and kept on file for inspection by the Director, the Director’s authorized agent, or by the Oregon State Police . Information required to be entered on the electronic fish ticket shall be the same as required by OAR 635-006-0210 and 635-006-0212 for each purchase of food fish.

(3) The record keeping and reporting requirements for food fish as set forth in OAR 635-006-0200 through 635-006-0215 shall apply to all steelhead trout and walleye purchases. The landed weights of all gilled and gutted steelhead trout must be submitted by the licensed wholesale fish dealer, canner, or buyer by using the appropriate condition code (60) that applies a conversion factor of 1.17 listed in OAR 635-006-0215 for Treaty Indian Fishery Columbia River salmon and steelhead trout.

(4) In addition to the records required in connection with the purchase of steelhead trout and walleye, a record of all sales of steelhead trout and walleye shall be maintained by licensed wholesale fish dealers, canners, or buyers for a period of three years and shall be subject to inspection by the Department, the Director’s authorized agent, or the Oregon State Police. Such record of sales shall include as a minimum:

(a) Name and address of each person to whom either steelhead trout or walleye are sold;

(b) Quantity in pounds of each sale identified as whole or round weight or dressed weight; and

(5) Steelhead trout and walleye taken lawfully by treaty Indians during commercial fishing seasons may be purchased from a treaty Indian and/or possessed by any individual so long as said fish are accompanied by a written document listing treaty Indian taker’s name, tribal enrollment number, number of fish, approximate weight of each fish, date and location where taken, date of sale, and purchaser’s name. It is unlawful for any individual other than a treaty Indian to sell steelhead trout or walleye. The provisions in this section (5) apply to individuals other than licensed wholesale fish dealers, canners and buyers.

History

Statutory/Other Authority: ORS 506.119 & ORS 508.260
Statutes/Other Implemented: ORS 506.129, ORS 508.260, ORS 506.036, ORS 506.109, ORS 506.306, ORS 508.025, ORS 508.035 & ORS 508.235
DFW 163-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
DFW 71-2018, temporary amend filed 06/19/2018, effective 06/19/2018 through 12/15/2018
DFW 72-2017(Temp), f. & cert. ef. 6-14-17 thru 12-9-17
DFW 51-2016(Temp), f. 5-17-16, cert. ef. 5-18-16 thru 11-13-16
DFW 28-2015(Temp), f. 4-9-15, cert. ef. 5-1-15 thru 10-27-15
DFW 106-2014(Temp), f. 7-30-14, cert. ef. 8-1-14 thru 12-31-14
DFW 68-2013(Temp), f. & cert. ef. 7-3-13 thru 12-30-13
DFW 101-2012, f. & cert. ef. 8-6-12
DFW 83-2012(Temp), f. & cert. ef. 7-5-12 thru 12-31-12
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 102-2011(Temp), f. 7-29-11, cert. ef. 8-1-11 thru 10-31-11
DFW 47-2010(Temp), f. 4-26-10, cert. ef. 4-27-10 thru 10-23-10
DFW 70-2009(Temp), f. 6-15-09, cert. ef. 6-16-09 thru 12-12-09
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 79-2008(Temp), f. & cert. ef. 7-10-08 thru 12-31-08
DFW 32-2008(Temp), f. & cert. ef. 4-1-08 thru 9-27-08
DFW 73-1998, f. & cert. ef. 8-28-98
FWC 51-1997, f. & cert. ef. 8-27-97
FWC 41-1995, f. 5-23-95, cert. ef. 5-24-95
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 39-1976, f. & cert. ef. 1-23-76, Renumbered from 625-040-0150, 635-036-0595

Or. Admin. R. 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 lawful for any wholesale fish dealer, canner, buyer or retailer to possess and sell, in Oregon, legally purchased steelhead trout or walleye taken from outside the Columbia River Basin, consistent with reporting requirements contained within 635-006-0200.

History

Statutory/Other Authority: ORS 496.138 & 509.031
Statutes/Other Implemented: ORS 496.138 & 509.031
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 32-2008(Temp), f. & cert. ef. 4-1-08 thru 9-27-08
FWC 41-1995, f. 5-23-95, cert.e f. 5-24-95
FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 41-1976, f. & cert. ef. 1-23-76, Renumbered from 625-040-0155, 635-036-0600

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 38-1999, f. & cert. ef. 5-24-99

Or. Admin. R. 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 determined, fair market value shall be the average price per pound paid to law enforcement officials for any fish or shellfish confiscated from persons landing legal overages, or the average ex-vessel price per pound paid for that species in that port during the month in which the overage occurred, whichever is greater. Unless otherwise noted, the fair market value is the price per pound and is based on round weight.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 506.109 & ORS 506.720
DFW 20-2024, amend filed 03/18/2024, effective 03/18/2024
DFW 19-2022, amend filed 02/25/2022, effective 02/25/2022
DFW 7-2020, amend filed 01/21/2020, effective 01/21/2020
DFW 5-2019, amend filed 01/22/2019, effective 01/22/2019
DFW 6-2018, amend filed 01/23/2018, effective 01/23/2018
DFW 2-2017, f. & cert. ef. 1-23-17
DFW 2-2016, f. & cert. ef. 1-19-16
DFW 3-2015, f. & cert. ef. 1-13-15
DFW 1-2014, f. & cert. ef. 1-13-14
DFW 3-2013, f. & cert. ef. 1-14-13
DFW 11-2012, f. & cert. ef. 2-7-12
DFW 162-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 2-29-12
DFW 1-2011, f. & cert. ef. 1-10-11
DFW 5-2010, f. & cert. ef. 1-13-10
DFW 3-2009, f. & cert. ef. 1-13-09
DFW 2-2008, f. & cert. ef. 1-15-08
DFW 1-2007, f. & cert. ef. 1-12-07
DFW 1-2006, f. & cert. ef. 1-9-06
DFW 1-2005, f. & cert. ef. 1-7-05
DFW 3-2004, f. 1-14-04, cert. ef. 2-1-04
DFW 6-2003, f. 1-21-03, cert. ef. 2-1-03
FWC 9-1988, f. & cert. ef. 3-3-88
FWC 33-1982, f. & ef. 6-2-82
FWC 18-1978, f. & ef. 4-7-78, Renumbered from 635-036-0605
FWC 160, f. & ef. 11-25-77

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 506.109 & ORS 506.129
DFW 38-1999, f. & cert. ef. 5-24-99

Or. Admin. R. 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 any of the Commercial Fishing Laws of the State of Oregon or for conviction in the State of Washington of an offense which was a violation of Columbia River Commercial fishing rules adopted pursuant to the Columbia River Compact, by any person, the Commission shall initiate contested case proceedings in accordance with the Administrative Procedures Act (ORS Chapter 183) to revoke, or refuse to issue, licenses issued under the Commercial Fishing Laws (ORS Chapters 506-513).

(2) Convictions or forfeiture of bail for exceeding trip limits in the groundfish trawl fishery, where the trip limit has not been exceeded by more than 15%, shall not be considered as a conviction or forfeiture of bail for purposes of section (1) of this rule.

(3) The Commission shall appoint a hearings officer to conduct the contested case hearing prescribed in section (1) of this rule.

(4)(a) In addition to the hearings officer, the Commission may appoint a three-member License Revocation Board to be present at the hearing and to make advisory recommendations to the Commission concerning revocation or refusal to issue a license to that person. License Revocation Boards shall consist of members representing the following fishing industries:

(A) Troll salmon;

(B) Gillnet salmon;

(D) Crab;

(E) All other commercial fisheries.

(b) Only members from the appropriate License Revocation Board shall participate in hearings related to their subject area. The hearings officer shall notify the appropriate License Revocation Board of the date, time and place of the hearing, and shall provide any other public notice required by ORS Chapter 183;

(c) At the hearing, the License Revocation Board may request the hearings officer call additional witnesses or seek additional evidence;

(d) At the conclusion of the hearing, the License Revocation Board shall prepare written recommendations concerning the disposition of the case, which the License Revocation Board shall serve on all parties and forward to the Commission.

(5) A proposed order in the form prescribed by OAR 137-003-0070, including findings of fact and conclusions of law, shall be prepared by the hearings officer, served on all parties, and shall be forwarded to the Commission.

(6) In accordance with ORS Chapter 183, the Commission shall provide an opportunity to all parties to respond in writing within a period set by the Commission to the proposed order of the hearings officer and to the written recommendations submitted by the License Revocation Board.

(7) In deciding whether to revoke or refuse to issue a license, the Commission shall consider:

(a) The recommendation of the License Revocation Board;

(b) The gravity of the most recent offense, including whether the offense was a felony and whether the offense involved a closed season, closed area, or unlawful gear;

(d) The impact of the offense on the fisheries resources of the state or, where relevant, on the State of Washington, including consideration of the species involved;

(e) Whether the person also has been convicted of or forfeited bail for violations of the Wildlife laws of the State of Oregon.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119, 506.129, 508.485, 508.490 & 183
Statutes/Other Implemented: ORS 506.109, 506.129, 508.485 & 508.490
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
FWC 9-1988, f. & cert. ef. 3-3-88
FWC 33-1982, f. & ef. 6-2-82
FWC 18-1978, f. & ef. 4-7-78, Renumbered from 635-036-0605
FWC 160, f. & ef. 11-25-77

Or. Admin. R. 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 commercial gillnet salmon fishing fleet to reduce their overall fishing capacity.

History

Statutory/Other Authority: ORS 506
Statutes/Other Implemented: ORS 506
Reverted to FWC 77-1982, f. & ef. 10-29-82
FWC 25-1985(Temp), f. & ef. 5-30-85
FWC 77-1982, f. & ef. 10-29-82
FWC 7-1982, f. & ef. 1-29-82

Or. Admin. R. 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 1984 permit for which the permitted vessel qualifies for renewal in 1985 or a 1985 permit.

(3) "License" means a boat license issued in accordance with ORS 508.035 and ORS 508.260.

(4) "Offer price" means the dollar amount at which a permit holder offers to sell the permit to the Department.

(5) "Permit" means a current Columbia River gillnet salmon vessel permit, issued pursuant to Chapter 679, Oregon Laws 1979.

(6) "Permit holder" means an individual who has been issued and possesses a current permit.

(7) "Program" means the Oregon Columbia River gillnet salmon fleet reduction program.

(8) "Vessel" means a commercial fishing vessel.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119, 506.129 & 506.241
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.241
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
Reverted to FWC 63-1984, f. & ef. 9-21-84
FWC 56-1986(Temp), f. & ef. 9-11-86
FWC 63-1984, f. & ef. 9-21-84
FWC 68-1983, f. & ef. 12-16-83
FWC 77-1982, f. & ef. 10-29-82
FWC 7-1982, f. & ef. 1-29-82

Or. Admin. R. 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 River gillnet salmon fishery prior to December 22, 1984.

History

Statutory/Other Authority: ORS 506
Statutes/Other Implemented: ORS 506
Reverted to FWC 63-1984, f. & ef. 9-21-84
FWC 56-1986(Temp), f. & ef. 9-11-86
FWC 63-1984, f. & ef. 9-21-84
FWC 77-1982, f. & ef. 10-29-82
FWC 7-1982, f. & ef. 1-29-82

Or. Admin. 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 that the permit holder's estate referred to in section (1) of this rule is closed:

(a) The permit may be purchased from the permit holder's spouse;

(b) In the event that the permit holder is not survived by a spouse, the permit may be purchased from the permit holder's children.

History

Statutory/Other Authority: ORS 506.241
Statutes/Other Implemented: ORS 506.241
DFW 142-2008, f. & cert. ef. 11-21-08
FWC 68-1983, f. & ef. 12-16-83
FWC 22-1983(Temp), f. & ef. 6-13-83

Or. Admin. R. 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 purpose, eligibility requirements, application procedures, buy-back procedures, and forms required to be completed and returned to the Department.

History

Statutory/Other Authority: ORS 506
Statutes/Other Implemented: ORS 506
FWC 77-1982, f. & ef. 10-29-82
FWC 7-1982, f. & ef. 1-29-82

Or. Admin. R. 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 security interest in the vessel to which the permit is assigned.

(2) Information on activities in the Columbia River gillnet salmon fishery including years in which salmon were lawfully landed in Oregon from the fishery, and pounds of salmon lawfully landed in Oregon in those years.

(3) A completed and signed offer to sell the permit to the Department at an offer price specified by the permit holder.

(4) A completed and signed transfer authorization of the offered permit if the offer is accepted.

History

Statutory/Other Authority: ORS 506
Statutes/Other Implemented: ORS 506
FWC 77-1982, f. & ef. 10-29-82
FWC 7-1982, f. & ef. 1-29-82

Or. Admin. R. 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 Category A who held licenses subsequent to February 28, 1977, but prior to December 22, 1980.

History

Statutory/Other Authority: ORS 506
Statutes/Other Implemented: ORS 506
FWC 63-1984, f. & ef. 9-21-84

Or. Admin. R. 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) Each subsequent permit purchase shall be made at the lowest remaining offer price.

(3) In case of ties in otherwise qualified permit holders' offer prices, the Department will first purchase the permit of the permit holder with the greatest total pounds of salmon lawfully landed in Oregon from the Columbia River gillnet salmon fishery for the period 1978 through 1985.

(4) Any offer over $1,000.00 shall be referred to the Commission for approval.

(5)(a) Permits which are purchased shall be retired by the Department;

(b) The transfer of the offered permit is effective upon written acceptance by the Department.

(6) The Department shall purchase no more than one permit from each applicant.

(7) The Department shall indicate on all application forms a deadline date after which no more program applications and offers to sell permits shall be accepted.

(8) Any offer to sell a permit at the offer price selected by the applicant shall constitute a formal offer to sell the permit to the Department and shall not be withdrawn until 120 days after the deadline date specified on the application form provided by the Department.

(9) In determining the total salmon landings of an applicant, the Department may consider as evidence:

(a) Department records;

(b) Such information as the Department considers reliable evidence of the landings;

(10) In determining program eligibility the Department may consider as evidence:

(a) Department records;

(b) Such information as the Department considers reliable evidence of eligibility;

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119, 506.129 & 506.241
Statutes/Other Implemented: ORS 506.109, 506.129 & 506.241
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 142-2008, f. & cert. ef. 11-21-08
Reverted to FWC 63-1984, f. & ef. 9-21-84
FWC 56-1986(Temp), f. & ef. 9-11-86
FWC 63-1984, f. & ef. 9-21-84
FWC 1-1984, f. & ef. 1-10-84
FWC 68-1983, f. & ef. 12-16-83
FWC 77-1982, f. & ef. 10-29-82
FWC 7-1982, f. & ef. 1-29-82

Or. Admin. R. 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 division 5 of the Fish & Wildlife Oregon Administrative Rules. As a result of the reorganization, only regulations regarding commercial gillnet and troll salmon fisheries remain in the Restricted Participation Systems section. These two fisheries are organized by topic. For each topic, the applicable law for each fishery is either set forth or, where the statute provides detail, the statute is cited.

(2) The topics covered by these rules are:

(a) Requirement for Permit — 635-006-1015 (Requirement for Permit);

(b) Eligibility Requirements for a Permit — 635-006-1035 (Eligibility Requirements for a Permit);

(d) Revocation and Refusal to Issue Permits — 635-006-1060 (Revocation and Refusal to Issue Permits);

(e) Review of Denials — 635-006-1065 (Review of Denials (Restricted Participation Systems));

(f) Renewal of Permit — 635-006-1075 (Renewal of Limited Entry Permit);

(g) Lottery for Certain Limited Entry Fisheries — 635-006-1085 (Lottery for Certain Limited Entry Fisheries);

(h) Transferability of Permits — 635-006-1095 (Transferability of Permits);

(i) Commercial Fishery Permit Boards — 635-006-1200 (Commercial Fishery Permit Boards);

(j) Agency Representation by Employee — 635-006-1210 (Agency Representation by Employee).

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 506.109 & ORS 506.129
DFW 127-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96

Or. Admin. R. 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 commercial fishing and boat license required by ORS 508.235 and 508.260.

(3) No vessel may hold more than one vessel permit for a given fishery at any one time.

(4) If permits are issued on an individual basis, no individual may hold more than one permit for a given fishery at any one time.

(5) Unless otherwise provided, permits must be purchased by December 31 of the year the permit is sought for renewal.

(6) Applications for permits shall be in such form and contain such information as the Department may prescribe. Proof of length of a vessel may be required at the time of application.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 37-2012, f. 4-24-12, cert. ef. 5-1-12
DFW 154-2011(Temp), f. 11-18-11, cert. ef. 12-1-11 thru 5-28-12
DFW 38-2009, f. & cert. ef. 4-22-09
DFW 3-2008, f. & cert. ef. 1-15-08
DFW 114-2007, f. & cert. ef. 10-25-07
DFW 11-2007, f. & cert. ef. 2-14-07
DFW 135-2006(Temp), f. & cert. ef.12-26-06 thru 6-15-07
DFW 2-2007, f. & cert. ef. 1-12-07
DFW 97-2006(Temp), f. 9-8-06, cert. ef. 9-9-06 thru 3-7-07
DWF 96-2006(Temp), f. & cert. ef. 9-8-06 thru 3-6-07
DFW 74-2006, f. & cert. ef. 8-7-06
DFW 45-2006, f. 6-20-06, cert. ef. 12-1-06
DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 112-2003, f. & cert. ef. 11-14-03
DFW 95-2002, f. & cert. ef. 8-27-02
DFW 103-2001, f. & cert. ef. 10-23-01
DFW 92-1998, f. & cert. ef. 11-25-98
FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96
FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 38-2009, f. & cert. ef. 4-22-09
DFW 149-2008, f. & cert. ef. 12-17-08
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 2-2007, f. & cert. ef. 1-12-07
DFW 74-2006, f. & cert. ef. 8-7-06
DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 112-2003, f. & cert. ef. 11-14-03
Reverted to FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96
DFW 11-2003(Temp), f. & cert. ef. 2-10-03 thru 6-30-03
FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96
FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96

Or. Admin. R. 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 records and such receipts, accounts, contracts and other business records of private parties as the Department or the Board considers reliable evidence of the qualifications or requirements in question.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 506.109
FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96
FWC 76-1995, f. 9-13-95, cert. ef. 9-19-95

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96
FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96
FWC 76-1995, f. 9-13-95, cert. ef. 9-19-95

Or. Admin. R. 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 in writing to the Commercial Fishery Permit Board (Board). The procedure for requesting review and the applicable standard of review shall be as follows:

(a) Gillnet salmon — see ORS 508.796;

(b) Troll salmon — see ORS 508.825;

(2) The Board may delegate to the Department its authority to waive requirements for renewal of permits in all fisheries in such specific instances as the Board sets forth in a letter of delegation to the Department.

(3) For those fisheries requiring a $125.00 application fee for Board review, the fee is nonrefundable. However, if the Board grants the applicant’s request, the nonrefundable fee shall apply toward the permit fee.

(4) Orders issued by the Board are not subject to review by the Oregon Fish and Wildlife Commission (Commission), but may be appealed as provided in ORS 183.480 to 183.550.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 37-2012, f. 4-24-12, cert. ef. 5-1-12
DFW 154-2011(Temp), f. 11-18-11, cert. ef. 12-1-11 thru 5-28-12
DFW 126-2009, f. & cert. ef. 10-7-09
DFW 3-2008, f. & cert. ef. 1-15-08
DFW 11-2007, f. & cert. ef. 2-14-07
DFW 4-2007(Temp), f. & cert. ef. 1-12-07 thru 6-15-07
DFW 97-2006(Temp), f. 9-8-06, cert. ef. 9-9-06 thru 3-7-07
DWF 96-2006(Temp), f. & cert. ef. 9-8-06 thru 3-6-07
DFW 45-2006, f. 6-20-06, cert. ef. 12-1-06
DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 112-2003, f. & cert. ef. 11-14-03
FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96
FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96

Or. Admin. R. 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 renewal in any limited entry fishery shall be considered complete if it is legible, has all information requested in the form, is accompanied by the required fee in full, and is date-stamped or postmarked by December 31 of the year for which renewal is sought. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by December 31 of the permit year sought, the individual shall not be considered to have applied for renewal in a timely manner.

(3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application may not be grounds for treating the application as having been filed in a timely and complete manner.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 508.775, ORS 508.781, ORS 508.790, ORS 508.801, ORS 508.807 & ORS 508.816
DFW 129-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 99-2025, temporary amend filed 10/07/2025, effective 10/15/2025 through 12/31/2025
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 32-2013, f. & cert. ef. 5-14-13
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 39-2012, f. & cert. ef. 4-24-12
DFW 146-2011, f. & cert. ef. 10-14-11
DFW 155-2010(Temp), f. 11-22-10, cert. ef. 11-23-10 thru 5-21-11
DFW 145-2009, f. 12-9-09, cert. ef. 1-1-10
DFW 38-2009, f. & cert. ef. 4-22-09
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 3-2008, f. & cert. ef. 1-15-08

Or. Admin. R. 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 prescribed by the Department.

(3) Application for vessel permits shall only be accepted for vessels, which in the judgment of the Department, are capable of operating the gear necessary to legally participate in the fishery. Vessels of a size or design incapable of harvesting the permitted species are not eligible for the lottery.

(4) Only one application per vessel may be submitted for each permit fishery lottery.

(5) Any application which is not legible, has incomplete information, or is postmarked after the deadline will not be entered in the lottery. Applications for all permits will be accepted at the Salem headquarters office of the Department, and shall be postmarked or date stamped no later than March 31 of the year for which the permit is issued.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 146-2011, f. & cert. ef. 10-14-11
DFW 145-2009, f. 12-9-09, cert. ef. 1-1-10
DFW 38-2009, f. & cert. ef. 4-22-09
DFW 17-2009(Temp), f. 2-25-09, cert. ef. 2-26-09 thru 8-24-09
DFW 149-2008, f. & cert. ef. 12-17-08
DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06
Reverted to DFW 112-2003, f. & cert. ef. 11-14-03
DFW 70-2004(Temp), f. & cert. ef. 7-12-04 thru 12-31-04
DFW 112-2003, f. & cert. ef. 11-14-03
Reverted to FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96
DFW 11-2003(Temp), f. & cert. ef. 2-10-03 thru 6-30-03
FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96

Or. Admin. R. 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 508.793.

(2) Troll salmon - see ORS 508.822.

(3) In the event a buyer fails to complete a purchase agreement for a Columbia River Gillnet vessel permit, the seller is eligible for a temporary transfer of the vessel permit back to the seller, if a preliminary injunction is issued by a circuit court requiring the State Department of Fish and Wildlife to allow the seller to continue to operate a vessel in the fishery during the pendency of the proceeding. An order granting a preliminary injunction under this section must include a finding that allowing the seller to continue to operate a vessel in the fishery will not cause excessive harvest pressure on the fishery resource.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129, 508.760 & 508.762
DFW 150-2017, amend filed 12/12/2017, effective 01/01/2018
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 37-2012, f. 4-24-12, cert. ef. 5-1-12
Reverted to DFW 114-2007, f. & cert. ef. 10-25-07
DFW 162-2010(Temp), f. & cert. ef. 12-15-10 thru 6-12-11
DFW 114-2007, f. & cert. ef. 10-25-07
Reverted to DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 23-2007(Temp), f. 4-9-07, cert. ef. 4-17-07 thru 10-13-07
Reverted to DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 95-2006(Temp), f. & cert. ef. 9-8-06 thru 11-24-06
DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 112-2003, f. & cert. ef. 11-14-03
DFW 94-1998, f. & cert. ef. 11-25-98
FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96
FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96

Or. Admin. R. 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 Department and the 60-month period shall begin on the date the Department receives notification.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 506.109
FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96

Or. Admin. R. 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 years from the date the Commission confirms an individual as a Board member. An individual shall not serve more than two consecutive terms as a Board member;

(c) Serve at the pleasure of the Commission and may be removed if in the judgment of the Commission, the Board member is no longer qualified to serve including, but not limited to, a conviction for violation of fish and wildlife laws, or inappropriate conduct during the course of Permit Board proceedings.

(2) Members representing the commercial fisheries described in ORS 508.755 shall maintain a valid permit or license for the fishery they represent. If such permit or license becomes invalid for any reason, the term of the individual on the Permit Board terminates on the date the permit or license expires.

(3) When issues are pending before the Commercial Fisheries Permit Boards, the Boards shall meet not less frequently than once every calendar quarter to make disposition of such issues.

(4) The Department shall provide an Administrative Hearings Officer to assist the Commercial Fisheries Permit Board in developing the record and preparing the Boards’ Opinion and Order. The Administrative Hearings Officer shall exhibit through references and experience a thorough understanding of the Administrative Procedures Act.

History

Statutory/Other Authority: ORS 506.036, ORS 506.109, ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.129 & ORS 508.755
DFW 18-2022, minor correction filed 02/25/2022, effective 02/25/2022
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96

Or. Admin. R. 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 representative acting under the provisions of this section shall not give legal advice to an agency, and may not present legal argument in contested case hearings, except to the extent authorized in subsection (3) of this section.

(3) The officer presiding at a contested case hearing in which an agency representative appears under the provision of this section may allow the agency representative to present evidence, examine and cross-examine witnesses, and make arguments relating to the:

(a) Application of statutes and rules to the facts in the contested case;

(b) Actions taken by the agency in the past in similar situations;

(d) Admissibility of evidence; and

(e) Proper procedures to be used in the contested case hearing.

History

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 183.452
DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
DFW 2-2002, f. & cert. ef. 1-3-02
FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96

Division 7 FISH MANAGEMENT AND HATCHERY OPERATION

Or. Admin. R. 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 fish, sturgeon, state or federally protected threatened and endangered species and those species listed as Prohibited or Controlled. "Aquaria" are any tanks, pools, ponds, bowls or other containers intended for and capable of holding or maintaining live fish and from which there is no outfall to any waters of this state.

(3) "Aquatic habitat" means the waters which support fish or other organisms which live in water and which includes the adjacent land area and vegetation (riparian habitat) that provides shade, food, and/or protection for those organisms.

(4) "Area" means a stream, a lake, a group of streams or lakes, or a portion of the ocean managed for or with a common stock of fish, or for protection of a stock or stocks of fish.

(5) "Biological requirements" refers to those environmental conditions such as water quality, water quantity, and available food that are necessary for fish to grow and/or reproduce.

(6) "Brood stock" means a group of fish, generally from the same population, that are held and eventually artificially spawned to provide a source of fertilized eggs for hatchery programs.

(7) "Brood year" means the year in which more than fifty percent of the adults in a population of fish spawn.

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

(9) "Compensation" means activities that replace fish, or their habitat lost through development or other activities.

(10) "Conservation" means managing for sustainability of native fish so that present and future generations may enjoy their ecological, economic, recreational, and aesthetic benefits.

(11) "Cooperative Salmon Hatchery Project" means a fish propagation enhancement project authorized under OAR 635-009-0400 through 635-009-0455.

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

(13) "Depressed" means below established goal such as a fish production or escapement goal shown in a management plan or below the level of production or escapement that the Commission determines to be an optimal level.

(14) "Disease" means problems caused by infectious agents, such as parasites or pests, and by other conditions that impair the performance of the body or one of its parts.

(15) "Disease agent" means an organism that is detrimental to fish.

(16) "Endemic disease" means a disease commonly detected in a population of naturally produced native fish.

(17) "Enhancement" means management activities including rehabilitation and supplementation that increase fish production beyond the existing levels.

(18) "Export" means to transport any fish or eggs out of state.

(19) "Facility Manager" means hatchery manager, owner or person responsible for compliance with these rules.

(20) "Fish" means all game fish as defined by ORS 496.009 and food fish as defined by ORS 506.036, which live or could live in the waters of this state.

(21) "Fish Hatchery" means a facility at which adult broodstock are held, or where eggs are collected and incubated, or where eggs are hatched, or where fish are reared.

(22) "Fry" means fish which have recently hatched and have not fed.

(23) "Foreign" means fish which originate through human intervention from a different population.

(24) "Genetic engineering" means the introduction of genetic material into an organism's genotype through molecular genetics techniques.

(25) "Genetic Resources" means the kind and frequency of genes found within a population or collection of populations.

(26) "Genotype" means the kinds of and the combination of genes possessed by an individual.

(27) "Goal" means a statement of intent which leads to policy, rules, and operation plans for implementation of a Department Program.

(28) "Hatchery produced fish" means a fish incubated or reared under artificial conditions for at least a portion of its life.

(29) "Hatchery production system" means the fish, facilities and operations associated with collecting, spawning, incubating, rearing, distributing and releasing hatchery produced fish.

(30) "Hatchery Program" means a program in which a specified hatchery population is planted in a specified geographical location.

(31) "Hold fish" means to capture and/or remove live fish in or from the waters of this state and/or maintain live fish in captivity but does not include fish held live for less than one day for examination and release without transfer from the waters where caught or collected.

(32) "Import" means to transport fish or eggs into the state.

(33) "Indigenous" means descended from a population that is believed to have been present in the same geographical area prior to the year 1800 or that resulted from a natural colonization from another indigenous population.

(34) "Marine species" means those fish found in the ocean or the saline or brackish water of estuaries or bays along the coast, but not generally found in freshwater streams.

(35) "Mitigation" means to lessen the impact of activities or events that cause fish or habitat loss.

(36) "Native fish" means indigenous to Oregon, not introduced. This includes both naturally produced and hatchery produced fish.

(37) "Naturally produced" means fish that reproduce and complete their full life cycle in natural habitats.

(38) "Naturally Spawned" means fish produced in the natural environment as the result of natural reproduction.

(39) "Natural production system" means the fish and environment associated with completing the life-cycles of naturally produced fish populations.

(40) "Nongame Fish" means any fish other than those specifically defined as game fish in ORS 496.009.

(41) "Operation plan" means an action plan developed by the Department that generally addresses how the objectives in a management plan for harvest or production of a species shall be attained.

(42) "Optimum" means the desired fish production level as stated in management plans or set by specific Commission action.

(43) "Phenotype" means any characteristic of an organism that is determined by the organism's genes, genotype and the environment.

(44) "Policy" means mandatory direction or constraints that provide the framework for Department programs.

(45) "Population" means a group of fish originating and reproducing in a particular area at a particular time which do not interbreed to any substantial degree with any other group reproducing in a different area or in the same area at a different time.

(46) "Presmolt" means a juvenile anadromous fish which has fed and reared but is not yet a smolt.

(47) "Production" means the number or pounds of fish raised in a hatchery or resulting from natural spawning and rearing in freshwater, estuarine, or ocean habitats; also used in reference to harvest.

(48) "Propagation of fish" means the spawning, incubating, and/or rearing of fish by a human for sale, release or other uses.

(49) "Random mortality" means fish mortality that generally does not affect the genotypic or phenotypic traits of fish populations.

(50) "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.

(51) "Release" means liberating fish or allowing fish to move into waters of the state.

(52) "Risk" means the extent to which, a management practice may reduce population productivity or cause an undesirable change in genetic characteristics of a population.

(53) "Sensitive" means those fishes that have been designated for special consideration pursuant to OAR 635-100-0040.

(54) "Selective mortality" means fish mortality that generally affects the genotypic and phenotypic traits of fish populations.

(55) "Serious depletion" means a significant likelihood that the species management unit will become threatened or endangered under either the state or federal Endangered Species Act.

(56) "Significant or substantial" means a condition of sufficient magnitude such that it is likely to influence continued natural production at optimum levels.

(57) "Smolt" means a juvenile salmon or trout that is capable of initiating a seaward migration and is capable of living in the sea.

(58) "Species" means any group or population that interbreeds and is substantially reproductively isolated.

(59) "Species hybridization" means the crossing of two different taxonomic species.

(60) "Species management unit" means a collection of populations from a common geographic region that share similar genetic and ecological characteristics.

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

(62) "Stock" means an aggregation for management purposes of fish populations which typically share common characteristics such as life histories, migration patterns, or habitats.

(63) "Stray" means a hatchery fish that spawns naturally in a location different from the location intended when the fish was stocked.

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

(65) "Sustainable" means persistence over time, that is to say the ability of a population or a species management unit to maintain temporal, spatial, genetic, and ecological coherence while withstanding demographic, environmental, and genetic variation and catastrophic events from natural and human induced causes.

(66) "Taxonomic species" means a group of fish that have been assigned a scientific name in the form of genus and species by the American Fisheries Society Committee on Common and Scientific Names of Fishes.

(67) "Transfer" means moving fish from one facility to another or to waters of the state.

(68) "Transgenic fish" means fish that have genes or groups of genes that have been transferred from another organism through the process of genetic engineering.

(69) "Wild fish" means any naturally spawned fish in the taxonomic classes, Agnatha, Chondrichthyes, and Osteichthyes, belonging to an indigenous population.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 121-2007, f. & cert. ef. 11-14-07
DFW 96-2003, f. & cert. ef. 9-19-03
DFW 65-2003, f. & cert. ef. 7-17-03
DFW 131-2002, f. & cert. ef. 11-22-02
FWC 15-1997, f. & cert. ef. 3-10-97
FWC 37-1992, f. 5-29-92, cert. ef. 6-1-92
FWC 2-1992, f. 1-28-92, cert. ef. 2-1-92
FWC 6-1990, f. & cert. ef. 1-29-90
FWC 25-1984, f. 6-21-84, ef. 7-1-84

Or. Admin. R. 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 primary basis for Endangered Species Act (ESA) delisting decisions and the foundation for long-term sustainability of native species and hatchery programs. Conservation of hatchery produced native fish is also important to maintain opportunities for fisheries and aid conservation of naturally produced fish. The Hatchery Management Policy describes conservation of hatchery produced native fish.

(2) The intent of the Native Fish Conservation Policy is to provide a basis for managing hatcheries, fisheries, habitat, predators, competitors, and pathogens in balance with sustainable production of naturally produced native fish. The policy has three areas of emphasis. The first is defensive to ensure the avoidance of serious depletion of native fish. The second is more proactive to restore and maintain native fish at levels providing ecological and societal benefits. The third ensures that, consistent with native fish conservation, opportunities for fisheries and other societal resource uses are not unnecessarily constrained. This approach will allow Oregon to play a vital role in the recovery of ESA listed species and the prevention of future listings.

(3) The policy embraces the case-by-case application of a wide range of conservation and utilization strategies tailored to individual watersheds and situations. Policy implementation will likely illustrate a variety of management approaches across the landscape, such as areas focused on hatchery programs complemented with areas where hatchery influences are avoided.

(4) The policy shall be implemented through conservation plans. Plans shall be developed in collaboration with management partners and the public, and will identify the desired and existing status of native fish, key limiting factors, management options to address these factors, and monitoring required to evaluate success. The Oregon Plan for Salmon and Watersheds, as well as other local and regional forums, shall provide the context for development, implementation and coordination of these plans. Existing rules shall guide management until conservation plans are completed.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 131-2002, f. & cert. ef. 11-22-02

Or. Admin. R. 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 naturally produced native fish are sustainable.

(2) Maintain and restore naturally produced native fish species, taking full advantage of the productive capacity of natural habitats, in order to provide substantial ecological, economic, and cultural benefits to the citizens of Oregon.

(3) Foster and sustain opportunities for sport, commercial, and tribal fishers consistent with the conservation of naturally produced native fish and responsible use of hatcheries.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 131-2002, f. & cert. ef. 11-22-02

Or. Admin. R. 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 geographic areas to which they are indigenous is the Department’s principal obligation for fish management.

(2) The Native Fish Conservation Policy applies to all geographic areas within the State’s jurisdiction.

(3) The Department shall manage native fish to meet the following objectives:

(a) To maintain and restore sustainable naturally produced native fish species living and reproducing successfully in their natural environments;

(b) To provide recreational, commercial, cultural, and aesthetic benefits of optimum native fish populations to present and future citizens; and

(4) Hatcheries shall be used responsibly to help achieve the goals of this policy. The Hatchery Management Policy describes the hatchery tool and its range of applications, as well as additional guidance concerning the conservation and management of native hatchery produced fish. Other tools include but are not limited to the management of habitat, harvest, competitors, predators, and fish health.

(5) In restoring naturally produced native fish, and when weighing options for conservation action, the Department shall generally:

(a) Give priority to management actions that address and help remedy the primary factors of decline (i.e. limiting factors);

(b) Consider economic effects required by ORS 183.335(2)(b)(E); and

(6) The Department shall manage for sustainability of naturally produced native fish at the level of the species management unit. In developing sustainability standards, the Department shall:

(a) Incorporate the importance of population structure within each species management unit, and

(b) Base the sustainability standards on biological attributes directly related to species performance, as described in OAR 635-007-0505(6).

(7) When faced with scientific uncertainty concerning fish management, including status assessments and the effectiveness of recovery strategies, the Department shall proceed with precautionary strategies scaled to the conservation risk. Less precautionary strategies may be allowed if:

(a) The Department determines that monitoring, evaluation and responsive management will keep biological risks within acceptable limits, or

(b) The Department implements specific research to address management uncertainties.

(8) The Department shall manage nonnative fish and hatchery based fisheries to optimize user benefits consistent with conservation of naturally produced native fish species.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 131-2002, f. & cert. ef. 11-22-02

Or. Admin. R. 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 shall illustrate a range of options for recovery strategies, fisheries and the responsible use of hatchery produced fish and may include subbasin plans, NOAA Fisheries recovery plans, and other plans that address the elements contained in subsections (5), (6), (7), and (8) of this rule.

(2) Conservation plans shall be based on the concept that locally adapted populations provide the best foundation for maintaining and restoring sustainable naturally produced native fish.

(3) Planning and implementation shall proceed incrementally, consistent with available funding, according to priorities established by the Department with collaboration and input from affected tribal governments, management partners, and the public. The Department shall place highest priority on developing conservation plans for species management units having one or more of the following characteristics:

(a) Contain fish that are listed under the federal or state Endangered Species Act or as a state sensitive species or contain naturally produced native fish populations that demonstrate continued decline or extirpation from a significant portion of their range;

(b) Contain new hatchery programs or existing hatchery programs that need substantial change;

(d) Where the Departmental resources available for the planning and implementation efforts will likely lead to a significant increase in naturally produced native fish.

(4) The Department shall develop and maintain a statewide list of species management units and their constituent populations, including appropriate hatchery produced fish, for native fish belonging to the genus Oncorhynchus. Lists for other taxonomic groups will be developed as prioritized pursuant to subsection (3) of this rule.

Plan Contents.

(5) Native fish conservation plans will address the following elements:

(a) Identification of the species management unit and constituent populations pursuant to subsection (4) of this rule;

(b) Description of the desired biological status relative to biological attributes contained in subsection (6) of this rule;

(d) An assessment of the primary factors causing the gap between current and desired status, if there is a gap, and identify factors that can be managed;

(e) A description of the short- and long-term management strategies most likely to address the primary limiting factors;

(f) A description of monitoring, evaluation, and research necessary to gauge the success of corrective strategies and resolve uncertainties;

(g) A process for modifying corrective strategies based upon the monitoring, evaluation and research results;

(h) Measurable criteria indicating significant deterioration in status, triggering plan modification to begin or expand recovery actions;

(i) Annual and long-term reporting requirements necessary to document data, departures from the plan, and evaluations necessary for adaptive management, in a format available to the public;

(j) A description of potential impacts to other native fish species.

(6) Measurable Criteria: Each native fish conservation plan shall include specific, measurable criteria of species performance. Depending upon available information, criteria will be developed for the following primary biological attributes:

(a) Distribution of populations within unit;

(b) Adult fish abundance for constituent populations;

(d) Population connectivity;

(e) Survival rate to each critical life history stage;

(f) Standardized rate of population growth for constituent natural populations;

(g) Forecast likelihood of species management unit persistence in the near and long terms.

(7) Conservation plans shall also contain secondary criteria such as migration timing, spawn timing, age structure, sex ratios, stray rates, habitat complexity, artificial barriers, and harvest rates. These secondary criteria shall be used to help assess and link the effectiveness of management actions to address limiting factors as they affect the primary biological attributes described in subsection (6).

(8) Process for Developing Plans: When developing fish conservation plans, delineating naturally reproducing populations, and defining species management unit borders, the Department shall:

(a) Use the most up-to-date and reliable scientific information and, as appropriate, convene an ad hoc team of scientists for collaboration and assistance;

(b) Solicit the assistance and independent peer review by scientists including but not limited to the Independent Multidisciplinary Science Team and university fishery management programs; and

(c) Seek input and involvement from appropriate tribal, state, local, and federal management partners, university programs, and the public. Affected tribal governments shall be consulted in the development and implementation of conservation plans.

(9) Interim Measures: Until an individual conservation plan is completed for a species management unit, the Department shall continue to manage native fish in that unit according to existing statutes, administrative rules, Commission directives and binding agreements. In addition, the Department shall manage such populations in a manner that will avoid addition of new species to the State "Sensitive Species" list. Development of conservation plans shall be governed by this Native Fish Conservation Policy. Implementation of those plans shall be as specified in the plan.

(10) Status Reports: The Department shall prepare and present to the Commission an Oregon native fish species status report at timely intervals adequate to track progress, or at the request of the Commission or Director. This report shall include:

(a) Identification of all existing native fish conservation plans;

(b) Status assessments addressing biological attributes related to species performance as described in subsection (6) of this rule and the methods and assumptions used to make these assessments, including those used because of missing or insufficient data; and

(11) Cooperative Recovery Planning: In implementing the Native Fish Conservation Policy and consistent with the Oregon Plan, the Department will encourage the development of complementary policies and plans by other state and federal regulatory agencies and tribes that supports a unified conservation effort.

(12) The Commission shall revise existing fish management basin plans as necessary to support the implementation of Native Fish Conservation Policy conservation plans. The Commission shall make appropriate revisions to affected fish management basin plans when the Commission approves the corresponding conservation plan. Pending approval of a specific conservation plan, the conservation of native fish populations shall be guided by fish management basin plans. However, if adherence to such basin plans will likely prevent the affected populations from meeting the Native Fish Conservation Policy interim criteria described in 635-007-0507, then the interim criteria will be used by the Department to guide the conservation of native fish populations. For those populations without basin plans, the Department shall use the Native Fish Conservation Policy interim criteria described in 635-007-0507 to guide the conservation of such populations.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 96-2003, f. & cert. ef. 9-19-03
DFW 131-2002, f. & cert. ef. 11-22-02

Or. Admin. R. 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 appropriate by the Director.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 131-2002, f. & cert. ef. 11-22-02

Or. Admin. R. 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 longer apply to the species management unit. In addition, for state endangered species covered by an associated endangered species management plan, as described in OAR 635-100-0140, these interim criteria do not apply.

(1) Existing Populations — No more than 20% of the historical populations within the species management unit have become extinct and no natural population within the species management unit in existence as of 2003 shall be lost in the future. Further, if the historical species management unit contained more than one race (e.g., summer and winter steelhead), then each race must be represented by at least 2 populations. For at least 80% of the existing populations within each species management unit or for selected index populations identified in the stock status report as described in 635-007-0505(10), interim criteria (2) through (6) must be exceeded in at least 3 years during the most recent 5-year time interval.

(2) Habitat Use Distribution — Naturally produced members of a population must occupy at least 50% of a population’s historic habitat.

(3) Abundance — The number of naturally produced spawners must be greater than 25% of the average abundance of naturally produced spawners over the most recent 30 year time period.

(4) Productivity — In years when the total spawner abundance is less than the average abundance of naturally produced spawners over the past 30 years, then the rate of population increase shall be at least 1.2 adult offspring per parent. Where offspring are defined as naturally produced adults that survive to spawn and parents are defined as those adults of both natural plus hatchery origin that spawned and collectively produced the observed offspring.

(5) Reproductive Independence — At least 90% of the spawners within a population must be naturally produced and not hatchery produced fish, unless the department determines the hatchery produced fish are being used in a short-term experimental program to help restore a population in its natural habitat or otherwise directed by a court order.

(6) Hybridization — The occurrence of individuals that are the product of deleterious hybridization with species that are non-native to the basin in which they are found must be rare or nonexistent.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 96-2003, f. & cert. ef. 9-19-03

Or. Admin. R. 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 management units that meet four but no more than five of the interim criteria specified in 635-007-0507 shall be classified as "potentially at risk.” Species management units that meet all interim criteria specified in 635-007-0507 shall be classified as "not at risk.”

(2) For those species management units classified as potentially at risk, the Department shall document this finding in the native fish species status report as described in 635-007-0505(10) and give an elevated priority to the species management unit with respect to development of statewide monitoring strategies and conservation plan development.

(3) For those species management units classified as at risk, the Department, in addition to actions described in 635-007-0509(2), shall implement, within the Department’s statutory authority, fish management changes likely to improve the conservation status of the conservation management unit, based upon a documented evaluation of the primary factors impacting fish within the species management unit. The Department shall respond as soon as possible to an improvement in the conservation status of the species management unit with a reclassification of the unit consistent with the guidance provided in 635-007-0509(1).

(4) In applying interim criteria, the Department recognizes that data may not be available to assess all populations belonging to a species management unit. The Department also recognizes that even when data for a population are available they may not be of sufficient detail or collected over a sufficient time period. In these circumstances, to determine if a population meets the interim criteria, it will be necessary to make inferences from those populations within the species management unit for which sufficient information is available or by using alternative qualitative and quantitative information and analyses to approximate interim criteria metrics. In evaluation of such species management units for conformity to the interim criteria, the Department shall document the assumptions and inferences associated in making this evaluation.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 96-2003, f. & cert. ef. 9-19-03

Or. Admin. R. 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 assuringthat , within the capability of the Department to do so, the policy of the state as set forth in ORS 496.012 relating to trout and ORS 506.109 relating to salmon (food fish) has been met , and that such fish and eggs are surplus to the fish production needs of the state as determined by the Department in accordance with the established general priority for use of salmon eggs and fingerlings. Fish and eggs will be sold in accordance with statutes relative to handling of surplus property.

(2) When selling eggs and carcasses from hatchery facilities to provide revenues to support hatchery programs and facilities, the Department shall prioritize sales in the following order:

(a) Oregon small businesses in communities with high rates of unemployment;

(b) Other Oregon small businesses;

History

Statutory/Other Authority: ORS 508.730
Statutes/Other Implemented: House Bill 3191 (2021)
DFW 149-2022, amend filed 11/15/2022, effective 11/15/2022
FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-040-0017
FWC 82, f. & ef. 12-13-76

Or. Admin. R. 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 assessed to recover maintenance costs or from which fish will migrate to waters open to public access.

(2) Private ponds from which the Department may take fish for releasing in public waters.

(3) Ponds where there are Department supervised experimental programs to explore pond management procedures.

History

Statutory/Other Authority: ORS 496.138, 496.162, 497.252, 498.022 & 506.700 - 508.740
Statutes/Other Implemented: ORS 496.138, 496.162, 497.252, 498.022 & 506.700 - .740
FWC 2-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 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 maintain genetic resources of native fish populations spawned or reared in captivity. This policy applies to all Department hatchery operations and programs including Salmon and Trout Enhancement Program (STEP) fish propagation projects (OAR 635-009-0090 through 635-009-0240) and Cooperative Salmon Hatchery Programs (OAR 635-009-0400 through 635-009-0455).

(2) This policy describes best management practices that are intended to help ensure the conservation of both naturally produced native fish and hatchery produced fish in Oregon through the responsible use of hatcheries. The conservation of hatchery produced fish is important to maintain opportunities for fisheries and aid conservation of naturally produced native fish.

(3) The Hatchery Management Policy complements and supports the Native Fish Conservation Policy OAR 635-007-0502 through 635-007-0506 and will be implemented through conservation plans developed for individual species management units, hatchery program management plans, or other formal agreements with management partners. The Hatchery Management Policy provides a foundation for the management and reform of hatcheries in Oregon, whereas the Native Fish Conservation Policy establishes the process for defining the specific use of the hatchery tool in specific watersheds.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 65-2003, f. & cert. ef. 7-17-03

Or. Admin. R. 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 through the responsible use of hatcheries and hatchery-produced fish.

(3) Maintain genetic resources of native fish populations spawned or reared in captivity.

(4) Minimize adverse ecological impacts to watersheds caused by hatchery facilities and operations.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 65-2003, f. & cert. ef. 7-17-03

Or. Admin. R. 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 or experience of native fish and their habitats. The hatchery premise has five main components that managers shall strive to incorporate into hatchery programs:

(a) Removing random mortality occurring in the natural environment;

(b) Simulating selective mortality operating in the natural environment;

(d) Providing fish rearing and training experiences to reduce unnatural behaviors; and

(e) Minimizing ecological impacts associated with hatchery operations (e.g., competition and predation associated with release location and number, pathogen transfer and amplification, pollutants, passage barriers, overharvest of weak stocks in mixed stock fisheries).

(2) Success moving toward the premise in subsection (1) will be largely dependent on funding, research, program type, and facility or operating flexibility.

(3) Hatchery program management plans shall be developed and implemented in consultation and cooperation with management partners and the public, and in coordination with native fish conservation policy plans at local and regional scales.

(4) Hatchery programs shall be managed to provide optimum fishery and conservation benefits, based on the best available scientific information. Most programs will contribute toward fish management objectives primarily by raising fish for harvest while minimizing the impact on, or benefiting, fish that spawn naturally.

(5) Hatchery facilities shall be operated to maximize fish quality and minimize adverse impacts to watersheds, consistent with fish management objectives, applicable permits and agreements.

(6) Monitoring and evaluation shall be adequate to measure progress toward fish management and hatchery program objectives, contain risks within acceptable limits, and provide feedback for adaptive management.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 65-2003, f. & cert. ef. 7-17-03

Or. Admin. R. 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 health and fisheries shall be the foundation for all hatchery program management plans. A hatchery program management plan may be a Hatchery and Genetic Management Plan, a Lower Snake River Compensation Plan annual operating plan, an aspect of a conservation plan developed under the Native Fish Conservation Policy (OAR 635-007-0502 through -0506) or similar document which describes the program’s objectives, fish culture operations, facilities operations, and monitoring and evaluation, as more fully detailed in subsections (2) through (24) of this rule.

(2) Planning and Coordination of Hatchery Programs. When developing hatchery program management plans, the Department shall use the most up to date and reliable scientific information and seek the input and involvement of appropriate tribal, state and federal management partners, university programs and the public.

(3) The Native Fish Conservation Policy (OAR 635-007-0502 through -0506) provides the primary process for planning and coordinating hatchery programs, but these programs shall also be coordinated with obligations arising in other forums (e.g., U.S. v. Oregon, Lower Snake River Compensation Plan, Pacific Salmon Treaty) to avoid inconsistency and duplication.

(4) Coordination objectives include:

(a) Efficient use of resources (including sharing of facilities, staff, equipment and supplies);

(b) improved communication among managing entities to share information and experience, jointly resolve issues, and promote common objectives pursued at local and regional scales.

(5) Hatchery program management plans shall be submitted to and approved (or modified) by the Fish Division. The Fish Division may waive the requirement to include specific elements of a hatchery program management plan upon a determination that the requirement would provide no appreciable benefit to hatchery management or native fish conservation.

(6) The Department shall continue to operate a hatchery program according to existing statutes, administrative rules, Commission directives, and binding agreements until that program’s plan is approved.

(7) Hatchery Program Objectives and Types. Hatchery program objectives and types shall be based on fish management objectives established via conservation plans (OAR 635-007-0505) or other binding agreements. Until conservation plans or other agreements are in place, hatchery program objectives and types will be based on existing statutes, rules, Commission directives and current management direction.

(8) Hatchery program management plans shall include measurable criteria relating to the following general objectives:

(a) Conservation and/or fishery benefits;

(b) A net survival advantage (egg to adult) over naturally produced fish;

(c) Minimal adverse interactions (e.g., competition, predation, genetic introgression, and disease amplification) of hatchery programs with naturally produced native fish populations;

(d) Minimal adverse effects (e.g., water quality and quantity, solid and chemical wastes and fish passage) of hatchery facility operations on watershed health and native fish populations; and

(e) Sustainability of hatchery programs over time.

(9) Department hatchery programs will generally be distinguished as harvest or conservation hatchery programs. A single hatchery may have both harvest and conservation hatchery programs. If harvest and conservation programs are not distinguished, the Department shall clarify harvest and conservation objectives and their relative priorities.

(10) Harvest hatchery programs operate to enhance or maintain fisheries without impairing naturally reproducing populations. Operations shall integrate hatchery and natural production systems (e.g., locally-derived hatchery broodstocks, rearing containers simulating natural characteristics) if necessary for conservation, within funding and facility constraints and consistent with fishery management objectives. Harvest hatchery programs shall also separate (e.g., temporally, spatially, visually) hatchery produced and naturally produced native fish in fisheries and on spawning grounds as necessary for conservation. The hatchery program management plan may be designated as one of the following harvest hatchery program types:

(a) Harvest augmentation, which is used to increase fishing and harvest opportunities where there is no mitigation program in place;

(b) Mitigation, which is used pursuant to an agreement to provide fishing and harvest opportunities lost as a result of habitat deterioration, destruction or migration blockage.

(11) Conservation hatchery programs operate to maintain or increase the number of naturally produced native fish without reducing the productivity (e.g., survival) of naturally produced fish populations. Conservation hatchery programs shall integrate hatchery and natural production systems to provide a survival advantage with minimal impact on genetic, behavioral and ecological characteristics of targeted populations. Implementation shall proceed with caution and include monitoring and evaluation to gauge success in meeting goals and control risks. Long-term conservation success shall be tied to remediating causes of the decline that resulted in the need for hatchery intervention. Once goals are met then the hatchery program will be discontinued. The hatchery program management plan may be designated as one of the following conservation hatchery program types:

(a) Supplementation, which routes a portion of an imperiled wild population through a hatchery for part of its life cycle to gain a temporary survival boost, or brings in suitable hatchery produced fish or naturally produced native fish from outside the target river basin to supplement the imperiled local population;

(b) Restoration, which outplants suitable non-local hatchery produced or naturally produced native fish to establish a population in habitat currently vacant for that native species using the best available broodstock;

(c) Captive brood, which takes a portion or all of an imperiled wild population into a protective hatchery environment for the entire life cycle to maximize survival and the number of progeny produced;

(d) Captive rearing, which takes a portion of an imperiled wild population into a protective hatchery environment for only that part of its life cycle that cannot be sustained in the wild;

(e) Egg banking, which temporarily removes a naturally produced native fish population from habitats that cannot sustain it and relocates the population to another natural or artificial area that can support the population;

(f) Cryopreservation, which freezes sperm from naturally produced native fish for later use in conservation hatchery programs;

(g) Experimental, which investigates and resolves uncertainties relating to the responsible use of hatcheries as a management tool for fish conservation and use.

(12) Fish Culture Operations. Fish culture operations shall comply with fish health requirements of OAR 635-007-0549.

(13) Broodstock selection and collection. Hatchery program management plans shall identify the broodstock best able to meet the objectives of the type of program in which the broodstock will be used.

(a) For harvest hatchery programs, broodstock shall be used that best meet fishery objectives, consistent with conservation objectives to ensure risk to naturally produced native fish and their watersheds is within acceptable and clearly defined limits.

(A) For some harvest hatchery programs, fishery and conservation objectives will be best met using existing hatchery broodstocks and managing for minimal spatial or temporal overlap of hatchery produced and naturally produced native fish in spawning areas.

(B) For other harvest hatchery programs, fishery and conservation objectives will be best met using broodstocks derived from, or transitioning to, naturally produced native fish from the local watershed. This approach shall not be used if available data indicates the donor wild population will be impaired, or if conservation objectives are better met with existing hatchery broodstocks, or if hatchery programs are located in areas with too few naturally produced native fish to supply the hatchery broodstock;

(b) For conservation hatchery programs, broodstock shall be derived from the wild population targeted for hatchery intervention, or from nearby wild or hatchery populations with desired characteristics if the targeted wild population is extirpated or too depressed to provide brood fish;

(c) Broodstock maintenance shall be consistent with the fishery and conservation objectives established for the hatchery program.

(A) Hatchery program management plans shall identify effective population size targets and other strategies to reduce risk of inbreeding depression, genetic drift and domestication for broodstocks developed under subsection (a)(A).

(B) Hatchery program management plans shall identify target and allowable proportions of hatchery produced and naturally produced native fish incorporated into broodstocks developed under subsections (13)(a)(B) and (13)(b), consistent with conservation plan objectives.

(d) Broodstock collected shall represent the genetic variability of the donor stock by taking an unbiased representative sample with respect to run timing, size, gender, age and other traits important for long-term fitness of the population. The Fish Division may approve a deviation from this subsection if necessary to shift run timing and other characteristics of long-term hatchery broodstocks to better coincide with characteristics of wild populations in the watershed or to meet fish management goals. Hatchery program management plans shall explain the reason for any deviations;

(e) Facilities and methods used to collect broodstock shall minimize stress and maximize survival of fish to spawning, consistent with management objectives.

(14) Disposition of adult hatchery produced fish returning to hatchery facilities. Adult hatchery produced fish returning to collection facilities shall be used to meet program objectives and, if available, provide other ecological, societal and program benefits, consistent with objectives for watershed health and native fish conservation.

(a) Hatchery programs will be managed to meet, but not exceed, program objectives for returning adult fish. Environmental variation and other factors outside of management control may result in significantly less or more fish than planned.

(b) Consistent with subsection (7) of this rule, the numbers of returning adults to be collected and held for spawning shall be determined for each facility as part of the annual production planning process in coordination with hatchery managers, hatchery coordinators, district biologists, Fish Division staff, and co-managers where appropriate.

(c) Adult hatchery produced fish returning to hatchery facilities shall be allocated among the categories of uses described in order of preference in subsections (14)(d) and (14)(e). The Department need not satisfy all potential uses within a category before providing fish to uses in lower categories. The Fish Division may approve additional uses or deviations from the stated order of preference to satisfy agreements with management partners, respond to unique situations or respond to unforeseen circumstances. The final disposition of all surplus adult hatchery fish shall be reported on in the Fish Propagation Annual Report.

(d) Order of preference for disposition of adult hatchery produced fish returning to or collected at harvest hatchery program facilities:

(A) Meet broodstock needs for the program;

(B) Release live, spawned fish back into the wild if specified in management plans for species able to spawn more than once;

(D) Provide additional fishing opportunities consistent with management plans (e.g., Fishery Management and Evaluation Plans);

(E) Allow hatchery produced fish to spawn naturally at locations and in numbers identified in existing fish management plans or conservation plans developed through the process outlined in the Native Fish Conservation Policy (OAR 635-007-0505);

(F) Place carcasses in natural spawning and rearing areas to enhance nutrient recycling, consistent with Department of Environmental Quality requirements, management plans and pathology constraints identified in OAR 635-007-0549;

(G) Provide for experimental, scientific or educational uses identified in conservation plans, management plans or other Department agreements;

(H) Sell eggs and carcasses from selected facilities 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) Order of preference for disposition of adult hatchery produced fish returning to or collected at conservation hatchery program facilities:

(A) Meet natural spawning objectives of the specific hatchery program as identified in conservation plans;

(B) Meet hatchery broodstock needs for the specified conservation hatchery program management plan;

(C) Release live, spawned fish back into the wild if specified in conservation plans for species able to spawn more than once;

(D) Place carcasses in natural spawning and rearing areas to enhance nutrient recycling, consistent with Department of Environmental Quality requirements, management plans and pathology constraints identified in OAR 635-007-0549;

(E) Provide fish for tribal ceremonial and subsistence use;

(F) Provide additional fishing opportunities consistent with fishery management plans (e.g., Fishery Management and Evaluation Plans).

(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.

(f) 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.

(e) Consistent with subsection (7) of this rule, the number of eggs to be collected during spawning operations shall be determined for each facility as part of the department’s annual production planning process. The following guidelines shall be used to set egg collection requirements to meet individual hatchery program objectives:

(A) Preliminary egg numbers to be collected to meet hatchery program objectives shall be determined for each facility as part of the department’s annual production planning process in coordination with hatchery managers, hatchery coordinators, district biologists, Fish Division staff and co-managers where appropriate.

(B) Additional eggs to be collected to compensate for predicted egg and fish losses during the hatchery rearing cycle will be developed from survival estimates compiled by the ODFW Fish Health section and approved during the annual production Planning process.

(C) Surplus eggs from harvest hatchery stocks will be removed from production and disposed of immediately. Disposition of surplus eggs from conservation hatchery stocks shall be determined through the department’s annual production planning process, consistent with direction in the Native Fish Conservation Policy and the Hatchery Management Policy regarding the use of conservation hatcheries. Disposition of surplus resident eggs shall be determined based on statewide fish management needs. The final disposition of all surplus eggs shall be reported on in the Fish Propagation Annual Report.

(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) Best management practices may dictate that, based on known and anticipated disease or predation losses, fish in excess of planned production goals be reared well past the initial ponding date. Hatchery managers, in coordination with hatchery coordinators and Fish Division staff, will establish these numbers for each facility based on survival estimates compiled by ODFW Fish Health section. Surpluses held to meet production goals should be disposed of at the earliest point in the rearing cycle. At the point in rearing cycle that the risk of these known hazards is past, these surpluses should be removed from the production cycle. Consistent with subsection (7), disposition of surplus fish from harvest hatchery programs shall be determined by Regional and Fish Division staff on a individual basis, with emphasis on minimizing conservation risks while providing angling opportunities where possible (e.g., stocked in closed water bodies). For conservation hatchery programs, disposition of surplus fish shall be determined through the department’s annual production planning process, consistent with direction in the Native Fish Conservation Policy and the Hatchery Management Policy regarding the use of conservation hatcheries. Disposition of resident fish shall be determined based on statewide fish management needs. The final disposition of all surplus fish shall be reported on in the Fish Propagation Annual Report.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(h) 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.

(i) 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.

(21) Hatchery Facilities Operations. 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.

(28) Monitoring and Evaluation. 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;

(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.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 159-2010, f. & cert. ef. 12-6-10
DFW 65-2003, f. & cert. ef. 7-17-03

Or. Admin. R. 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;

(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.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 65-2003, f. & cert. ef. 7-17-03

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 65-2003, f. & cert. ef. 7-17-03

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 496.138, 496.162 & 506.700 - 508.740
Statutes/Other Implemented: ORS 496.138, 496.162 & 506.700 - 508.740
FWC 37-1992, f. 5-29-92, cert. ef. 6-1-92

Or. Admin. R. 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; or

(b) Hold any live fish in the waters of this state.

(2) Any person releasing or attempting to release any live fish into the waters of this state shall have in possession a Fish Transport Permit. 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;

(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.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 497.252, 497.298, 498.222 & 508.111
DFW 121-2007, f. & cert. ef. 11-14-07
DFW 110-2001, f. & cert. ef. 11-23-01
DFW 38-1999, f. & cert. ef. 5-24-99
FWC 3-1991, f. & cert. ef. 1-18-91
FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0300
FWC 27-1982, f. & ef. 4-30-82

Or. Admin. R. 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 Permit issued by the Department.

(a) An invoices will be issued to Private Fish Suppliers for fish transferred to or from their production facilities for permits that the Department has issued the previous year.

(b) Invoice Payment must be received in full by March 1 for permits issued the previous year.

(3) 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.

(4) 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.

History

Statutory/Other Authority: SB 247 (2015), ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 497.252 & 498.222
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 92-2017(Temp), f. & cert. ef. 7-20-17 thru 10-20-17
Reverted to DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 13-2016(Temp), f. & cert. ef. 2-23-16 thru 8-20-16
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 145-2009, f. 12-9-09, cert. ef. 1-1-10
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
FWC 3-1991, f. & cert. ef. 1-18-91
FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0305
FWC 27-1982, f. & ef. 4-30-82

Or. Admin. R. 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

(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.

History

Statutory/Other Authority: ORS 496, 497, 498, 506 & 508
Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508
FWC 3-1991, f. & cert. ef. 1-18-91
FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0310
FWC 27-1981, f. & ef. 4-30-82

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 496, 497, 498, 506 & 508
Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508
FWC 3-1991, f. & cert. ef. 1-18-91
FWC 25-1984, f. 6-21-84, ef. 7-1-84

Or. Admin. R. 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;

(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.

History

Statutory/Other Authority: ORS 496, 497, 498, 506 & 508
Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508
FWC 3-1991, f. & cert. ef. 1-18-91
FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0315
FWC 27-1982, f. & ef. 4-30-82

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 496, 497, 498, 506 & 508
Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508
FWC 3-1991, f. & cert. ef. 1-18-91
FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0320
FWC 27-1982, f. & ef. 4-30-82

Or. Admin. R. 635-007-0650 Fish Propagation License Required

(1) Except as provided in section (3) of this rule, any person shall obtain a Fish Propagation License in order to propagate for sale and 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 508.745 and OAR chapter 635, division 040 as further clarified at OAR 635-007-0680; or

(d) Activities authorized under a Cooperative Salmon Hatchery Agreement (OAR 635-009-0400 through 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.

History

Statutory/Other Authority: ORS 496.138 & 506.119
Statutes/Other Implemented: ORS 496.146, 497.252 & 506.124
DFW 121-2007, f. & cert. ef. 11-14-07
FWC 15-1997, f. & cert. ef. 3-10-97
FWC 3-1991, f. & cert. ef. 1-18-91
FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0400
FWC 27-1982, f. & ef. 4-30-82

Or. Admin. R. 635-007-0655 Fish Propagation License Application Process

(1) Any person wishing to obtain a new Fish Propagation License or to renew shall complete and submit to the Department the appropriate license application form. Application forms are available upon request from the Oregon Department of Fish and Wildlife. Applications to renew an existing license shall be submitted to the Department by December 1 of the year prior to the license year in order to be considered timely.

(2) In addition to the application form, persons requesting to license a new or not yet built facility shall describe in writing:

(a) The location and physical layout of the facility;

(b) Water supply (source, quantity, presence or absence of fish, and manner of access);

(d) The status of applications for any required federal, state or local permit, including a water right from the Oregon Water Resources Department (WRD), a National Pollution Discharge Elimination System (NPDES) permit from the Oregon Department of Environmental Quality (DEQ), and land use permits from the county in which the facility is located.

(3) Prior to issuance of any new propagation license, the following shall be completed:

(a) A propagation facility operational plan shall be developed in consultation with the Department and Department approval obtained. Based on the species reared, size of operation and/or risk of escape, the Department may accept an abbreviated level of detail in the operational plan. Unless otherwise specified by the Department based on the above criteria, the operational plan shall include engineering designs of the facility drawn to scale and shall describe both the facility and its operations in detail and shall, at a minimum, include:

(A) Species to be reared, ponding strategies by month, and projected loading densities per pond by month;

(B) Pond cleaning schedules;

(D) Hatchery staff assignments;

(E) Fish monitoring studies;

(F) Facility screening, including designs, operations, and maintenance;

(G) Avian exclosures on each rearing container;

(H) Fish handling procedures;

(I) Fish disease treatment procedures;

(J) Use of quarantine and isolation facilities;

(K) Procedures for handling emergency situations;

(L) Chlorine monitoring regimen, where chlorination is required.

(b) Except as otherwise specified by the Department based on species reared, size of operation and/or risk of escape, the applicant shall:

(A) Develop and conduct fish population studies approved by the Department and funded by the applicant, sufficient to document preconstruction status of fish populations in the affected waterway; and

(B) Develop and fund similar studies to be conducted in subsequent years to document changes caused by hatchery operation.

(4) In order to actually commence operation of a facility, applicants must have both a fish propagation license and specific written authorization to operate from the Department. Authorization to operate shall be granted only:

(a) Upon determination that all required federal, state and local permits have been obtained; and

(b) After inspection and acceptance by the Department of any required fish screens, avian exclosures, disease control mechanisms, and isolation facilities.

(5) The Department shall renew propagation licenses upon acceptance of:

(a) A complete renewal application, submitted by December 1 of the prior year;

(b) Unless otherwise specified by the Department based on species reared, size of operation and/or risk of escape, a propagation facility operational plan as provided in subsection (3)(a) of this rule for the year for which the license is to be renewed, submitted by December 1 with the renewal application, which must be approved by the Department;

(c) Unless otherwise specified by the Department based on species reared, size of operation and/or risk of escape, results of post-siting fish population studies, submitted by December 1 of the prior year; and

(d) Documentation that any required federal, state and local permits, including appropriate WRD water rights and DEQ NPDES permits, have been obtained;

(e) To the extent that any sales summary information or final activity report cannot be provided by December 1 due to lack of data, such information shall be provided on a separate form by January 15, as required in OAR 635-007-0660(3).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 497.252
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
FWC 3-1991, f. & cert. ef. 1-18-91
FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0405
FWC 27-1982, f. & ef. 4-30-82

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 496, 497, 498, 506 & 508
Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508
FWC 3-1991, f. & cert. ef. 1-18-91
FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0410
FWC 27-1982, f. & ef. 4-30-82

Or. Admin. R. 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;

(d) Name of purchaser;

(e) Number of each species of fish received.

History

Statutory/Other Authority: ORS 496, 497, 498, 506 & 508
Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508
FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0415
FWC 27-1982, f. & ef. 4-30-82

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 496, 497, 498, 506 & 508
Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508
FWC 3-1991, f. & cert. ef. 1-18-91
FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0420
FWC 27-1982, f. & ef. 4-30-82

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 496, 497, 498, 506 & 508
Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508
FWC 34-1991, f. & cert. ef. 1-18-91
FWC 25-1984, f. 6-21-84, ef. 7-1-84

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 506 & 508
Statutes/Other Implemented: ORS 506 & 508
FWC 33-1988, f. & cert. ef. 5-24-88

Or. Admin. R. 635-007-0705 Obtaining Sturgeon and Eggs for Propagation

Any person desiring to propagate sturgeon must develop sturgeon broodstock 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 eggs or sperm taken from wild fish to provide seed for propagation and development of broodstock for a fish propagation facility may be obtained only by a person who held a permit to collect wild broodstock in the year 2006, and only through the year 2010, and 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.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 497.325 & 497.330
DFW 121-2007, f. & cert. ef. 11-14-07
FWC 33-1988, f. & cert. ef. 5-24-88

Or. Admin. R. 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 who held such a permit for the year 2006, and may only authorize collection of oversize sturgeon through the year 2010. 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;

(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; Non-transferability:

(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 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 635-004-0090.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 497.325 & 497.330
DFW 121-2007, f. & cert. ef. 11-14-07
FWC 33-1988, f. & cert. ef. 5-24-88

Or. Admin. R. 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

(2) Special Requirements: 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.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 497.325 & 497.330
DFW 121-2007, f. & cert. ef. 11-14-07
FWC 33-1988, f. & cert. ef. 5-24-88

Or. Admin. R. 635-007-0725 Sturgeon Propagation Permit Required

(1) Except as provided in section (4) of this rule, any person shall obtain a Sturgeon Propagation Permit in order to propagate for sale or sell any live sturgeon or sturgeon eggs.

(2) Each year the Department is authorized to issue up to 15 sturgeon propagation permits. Permits will be allocated first to those persons who currently hold sturgeon propagation permits except for good cause not to reissue a permit (such as violations of terms or conditions of a current propagation permit or violations of other fish and wildlife laws), and thereafter to those persons submitting a completed, acceptable application in the order in which the completed applications were received.

(3) A separate Sturgeon Propagation Permit shall be obtained for each commercial propagation site and shall be renewed annually.

(4) Any permit in good standing is entitled to be renewed for the following year. Any permits remaining after December 31 may be distributed by lottery amongst the applicants in January of the following year, and any permits remaining shall then be distributed on a first come — first serve basis.

(5) The department may attach to the Sturgeon propagation permit any terms and conditions it deems necessary to achieve compliance with Oregon laws or rules or protect native wildlife.

(6) The department may refuse to issue any Sturgeon propagation permit if:

(a) Applicant fails to meet any of the deadlines specified in OAR 635-007-0730;

(b) Propagation of sturgeon 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;

(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.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 121-2007, f. & cert. ef. 11-14-07

Or. Admin. R. 635-007-0730 Permit Application Process

(1) Any person wishing to obtain or renew a Sturgeon Propagation 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. Applications to renew an existing permit shall be submitted to the Department by December 1 of the year prior to the permit year in order to renew the permit as a matter of right.

(2) In addition to the application form, persons requesting to license a new or not yet built facility shall describe in writing:

(a) The location and physical layout of the facility;

(b) Water supply (source, quantity, presence or absence of fish, and manner of access);

(d) The status of applications for any required federal, state or local permits, including a water right from the Oregon Water Resources Department (WRD), a National Pollution Discharge Elimination System (NPDES) permit from the Oregon Department of Environmental Quality (DEQ), and land use permits from the county in which the facility is located.

(3)(a) Prior to issuance of any new propagation license, the applicant shall develop a propagation facility operational plan, in consultation with the Department and Department approval obtained. Based on the species reared, size of operation and/or risk of escape, the Department may accept an abbreviated level of detail in the operational plan. Unless otherwise specified by the Department based on the above criteria, the operational plan shall include engineering designs of the facility drawn to scale and shall describe both the facility and its operations in detail and shall, at a minimum, include:

(A) Species to be reared, ponding strategies by month, and projected loading densities per pond by month;

(B) Pond cleaning schedules;

(D) Hatchery staff assignments;

(E) Fish monitoring studies;

(F) Facility screening, including designs, operations, and maintenance;

(G) Avian exclosures on each rearing container;

(H) Fish handling procedures;

(I) Fish disease treatment procedures;

(J) Use of quarantine and isolation facilities;

(K) Procedures for handling emergency situations;

(L) Chlorine monitoring regimen, where chlorination is required.

(b) Except as otherwise specified by the Department based on species reared, size of operation and/or risk of escape, the applicant shall:

(A) Develop and conduct fish population studies approved by the Department and funded by the applicant, sufficient to document preconstruction status of fish populations in the affected waterway; and

(B) Develop and fund similar studies to be conducted in subsequent years to document changes caused by hatchery operation.

(4) Prior to commencing operation of a facility, applicants must have both a fish propagation license and specific written authorization to operate from the Department. Authorization to operate shall be granted only:

(a) Upon determination that all required federal, state and local permits have been obtained; and

(b) After inspection and acceptance by the Department of any required fish screens, avian exclosures, disease control mechanisms, and isolation facilities.

(5) The Department shall renew propagation licenses upon acceptance of:

(a) A complete renewal application, submitted by December 1 of the prior year;

(b) A propagation facility operational plan as provided in subsection (3)(a) of this rule approved by the Department for the year for which the license is to be renewed, submitted by December 1 with the renewal application.

(c) Results of post-siting fish population studies, if required under subsection (3)(b) of this rule, submitted by December 1 of the prior year; and

(d) Documentation that any required federal, state and local permits, including appropriate WRD water rights and DEQ NPDES permits, have been obtained.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 121-2007, f. & cert. ef. 11-14-07

Or. Admin. R. 635-007-0735 Duties of Sturgeon Propagation Permittees

(1) Each permitted Sturgeon propagator shall obtain a Fish Transport Permit for any sturgeon transported to the permitted facility or from the permitted facility to another site prior to such transportation and shall provide a copy of such permit to the person transporting the sturgeon for delivery to the person or entity receiving the fish.

(2) Each permitted Sturgeon propagator shall maintain at the propagation facility a record of all business transactions involving the sale, purchase, shipment or loss of sturgeon or sturgeon eggs and shall make such record available for inspection upon request by the Department or the Oregon State Police.

(3) Each permitted Sturgeon 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 permittee did not 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 sturgeon eggs shall be reported as total numbers of each species sold during the year.

(4) The Department may require permitted Sturgeon propagators to submit monthly reports of sturgeon 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 permitted sturgeon propagator shall comply with all statutes and regulations of other agencies pertaining to the operation of the propagation facility.

(6) Each permitted sturgeon propagator shall comply with the terms and conditions of his permit and operational plan.

(7) Sturgeon propagation facilities and records are subject to inspection at any time by the Department or the Oregon State Police.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 121-2007, f. & cert. ef. 11-14-07

Or. Admin. R. 635-007-0740 Purchase of Sturgeon from Sturgeon Propagation Permittee

(1) No angling license is required to angle at the facilities of a permitted Sturgeon propagator.

(2) It is unlawful:

(a) To possess Sturgeon received from a Sturgeon propagation permittee without having a written receipt; or

(b) For the propagator to sell fish so taken without providing a written receipt, which includes:

(A) Name of Sturgeon propagation permittee;

(B) Location from which Sturgeon were taken;

(D) Name of purchaser; and

(E) Number of each species of Sturgeon received.

(3) A fish transport permit shall accompany the receipt of sale for any live sturgeon.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 121-2007, f. & cert. ef. 11-14-07

Or. Admin. R. 635-007-0745 Revocation of Sturgeon Propagation Permit

(1) The Commission may revoke a Sturgeon Propagation Permit 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 permittee has violated any terms of any license, permit or operational plan issued by the Department; or

(c) The permittee 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 permittee 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 Sturgeon Propagation Permit shall be in addition to and not in lieu of other penalties provided by law.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.171, 496.172, 496.176, 496.182, 496.430, 496.435, 496.445, 496.450 & 496.455
DFW 121-2007, f. & cert. ef. 11-14-07

Or. Admin. R. 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;

(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.

History

Statutory/Other Authority: ORS 496.138 & 506.119
Statutes/Other Implemented: ORS 496.146 & 506.124
FWC 15-1997, f. & cert. ef. 3-10-97
FWC 2-1992, f. 1-28-92, cert. ef. 2-1-92
FWC 25-1984, f. 6-21-84, ef. 7-1-84

Or. Admin. R. 635-007-0900 Scientific Taking 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.

History

Statutory/Other Authority: ORS 183.335, 496.138, 497.252 & .298, 506.109, 506.119 & 508.111
Statutes/Other Implemented: ORS 183.335, 496.138, 497.252, 497.298, 506.109, 506.119 & 508.111
FWC 18-1992, f. 3-24-92, cert. ef. 4-1-92

Or. Admin. R. 635-007-0910 Scientific Taking Permit Application — Fish

(1) Any person or entity wishing to obtain a Scientific Taking Permit must complete and submit to the Department the appropriate permit application form.

(a) No fee is charged for Fish Scientific Taking Permits issued for scientific or educational purposes as part of a program or course of study at a K-12 educational institution.

(b) A fee of $119.50(plus a $2.00 license agent fee) shall be charged for each Fish Scientific Taking Permit issued for any agency, corporation, association, or other such entity.

(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.

History

Statutory/Other Authority: ORS 496.138, SB 247 (2015), ORS 496.146 & ORS 506.119
Statutes/Other Implemented: ORS 497.298 & ORS 508.111
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 145-2009, f. 12-9-09, cert. ef. 1-1-10
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
FWC 18-1992, f. 3-24-92, cert. ef. 4-1-92

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 183.335, 496.138, 497.252 & .298, 506.109, .119 & 508.111
Statutes/Other Implemented: ORS 183.335, 496.138, 497.252 & .298, 506.109, .119 & 508.111
FWC 18-1992, f. 3-24-92, cert. ef. 4-1-92

Or. Admin. R. 635-007-0930 Transport Authority

A Scientific Taking Permit may specify under what conditions the permittee is authorized to transport live fish, eggs or larvae within the state of Oregon collected under the Scientific Taking Permit. A Scientific Taking Permit with specific transport conditions excuses the permittee from the obligation to obtain a Fish Transport Permit under OAR 635-007-0600.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 497.252, 497.298, 498.222 & 508.111
DFW 110-2001, f. & cert. ef. 11-23-01
FWC 18-1992, f. 3-24-92, cert. ef. 4-1-92

Or. Admin. R. 635-007-0940 Nongame Fish Protected

Notwithstanding OAR 635-011-0220, the Department may issue a Scientific Taking Permit for studies of any white amur, Warner Sucker, Borax Lake Chub, Foskett Springs Dace, Oregon Tui Chub of Hutton Springs, or Lost River and Shortnose Suckers of Klamath County.

History

Statutory/Other Authority: ORS 183.335, 496.138, 497.252 & .298, 506.109, 506.119 & 508.111
Statutes/Other Implemented: ORS 183.335, 496.138, 497.252, 497.298, 506.109, 506.119 & 508.111
FWC 18-1992, f. 3-24-92, cert. ef. 4-1-92

Or. Admin. R. 635-007-0950 Revocation of Permit

(1) The Commission may revoke a Scientific Taking 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 regulation within OAR 635.

(2) Revocation of a Scientific Taking Permit is in addition to and not in lieu of other penalties provided by law.

History

Statutory/Other Authority: ORS 183.335, 496.138, 497.252 & .298, 506.109, 506.119 & 508.111
Statutes/Other Implemented: ORS 183.335, 496.138, 497.252 & .298, 506.109, .119 & 508.111
FWC 18-1992, f. 3-24-92, cert. ef. 4-1-92

Or. Admin. R. 635-007-0960 Purpose

The purpose of the Fish Health Management Policy is to describe measures that minimize the impact of fish diseases on the state’s fish resources. This policy applies to all Department hatchery operations and programs, including Salmon and Trout Enhancement Program (STEP), fish propagation projects (OAR 635-009-0090 through 635-009-0240), Cooperative Salmon Hatchery Programs (OAR 635-009-0400 through 635-009-0455), and to all other persons importing, transporting, releasing, or rearing non-aquaria species in this state, including, but not limited to persons operating private fish rearing facilities and research facilities.

Stat: Auth.: ORS 496, 497, 498, 506 & 508

History

Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508
DFW 96-2003, f. & cert. ef. 9-19-03

Or. Admin. R. 635-007-0965 Fish Health Management Policy

The Department must restrict the introduction, amplification, and dissemination of disease agents in hatchery produced fish (hatchery produced stock or naturally-produced native stock) and in natural environments by controlling egg and fish movements and by prescribing a variety of preventative, therapeutic, and disinfecting strategies to control the spread of disease agents in fish populations of the state. This entails inspecting and detecting disease agents from fish in all hatchery facilities and natural environments. It also entails containing and treating disease agents to minimize impacts on fish populations.

Stat: Auth.: ORS 496, 497, 498, 506 & 508

History

Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508
DFW 96-2003, f. & cert. ef. 9-19-03

Or. Admin. R. 635-007-0970 Fish Disease and Pathogen Categories

(1) "Category I" or "Emergency" fish disease agents are those for which there is no known treatment and that have not been determined to occur in Oregon as of September 1, 2003. Disease agents in this category are the European strain of Viral Hemorrhagic Septicemia (VHS), Oncorhynchus masou virus (OMV) and Channel Catfish Virus (CCV). Disease agents may be added to this category as they are identified.

(2) "Category II" or "Certifiable" disease agents can be highly contagious, may cause catastrophic losses and do not have a known cure. Disease agents in this category are the North American strain of Viral Hemorrhagic Septicemia (VHS), Infectious Hematopoietic Necrosis Virus (IHN), Infectious Pancreatic Necrosis Virus (IPN), Infectious Salmon Anemia (ISA), Spring Viremia of Carp (SVC), and Piscirickettsia salmonis. Disease agents may be added to this category as they are identified in state waters or may be moved to a more or less strict category as disease concerns change.

(3) "Category III" or "Reportable" disease agents may be enzootic in populations or watersheds but are not necessarily of such concern as to prevent all transfer or release of fish. This category includes drug resistant strains of fish disease agents otherwise falling in Category IV. Disease agents in this category are Erythrocytic Inclusion Body Syndrome (EIBS virus), Viral Erythrocytic Necrosis Virus (VEN), sturgeon iridovirus, Renibacterium salmoninarum (bacterial kidney disease), Flavobacterium psychrophilum (cold water disease), Aeromonas salmonicida (furunculosis disease), Yersinia ruckeri (enteric red mouth disease), drug resistant strains of bacterial disease agents, Myxobolus cerebralis (whirling disease), Tetracapsuloides bryosalmonae (Proliferative Kidney Disease), Ceratomyxa shasta (ceratomyxosis), and Nucleospora salmonis. Disease agents may be added to this category as they are identified in state waters or may be moved to a more or less strict category as disease concerns change.

(4) "Category IV" or "Historical" disease agents are those associated with a particular area, water body, or facility either in Oregon or in another state or country in which fish are raised or where a disease agent is associated with an intermediate non-fish host. This category also includes Category I through III diseases if previously found at a particular facility but no longer occurring there. Disease agents in this category are flatworms, round worms, tapeworms, ciliated and flagellated parasites, myxosporean (other than Myxobolus cerebralis, Tetracapsuloides bryosalmonae and Ceratomyxa shasta), microsporidian parasites (other than Nucleospora salmonis), fungal agents, bacterial agents, transient viral agents, and other classes of infectious agents not previously listed. Disease agents may be added to this category as they are identified in state waters or may be moved to a stricter category as disease concerns change.

History

Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508
DFW 117-2020, amend filed 09/09/2020, effective 09/09/2020
DFW 96-2003, f. & cert. ef. 9-19-03

Or. Admin. R. 635-007-0975 Import, Export or Transfer of Pathogens and Diseases

(1) The Department may allow a transfer or release fish if the disease agent has not occurred within the past three years of fish rearing, fish are appropriately treated to prevent disease transmission before transfer, or if the disease agent also occurs in the receiving waters.

(2) No person may import, export, or transfer susceptible fish from a site or area where a Category I disease agent has been found until the Department has determined that the site or area is acceptable and has issued a valid Fish Transport Permit pursuant to OAR 635-007-0600. One of the Department’s fish health specialists may make the required determination and provide a memorandum to Fish Division.

(3) The Department may authorize a person to import, export, or transfer fish that have or are from a station or area with a recent or continuing history of Category II disease agent by issuing a Fish Transport Permit. The Department must restrict the import, transfer, or release of fish from facilities in which Category II disease agents have been detected within the life cycle of a fish species or that have not been eliminated by effective treatment to only those areas where that disease is already endemic. The Department must restrict the transfer or release of fish that may expand the geographic distribution of disease agents in this category.

(4) The Department must restrict the import, transfer, and release of fish from facilities in which Category III disease agents have been detected within the life cycle of a fish species or that have not been eliminated by effective treatment to only those areas where that disease is already endemic.

(5) Fish from facilities with a history of, but no current occurrence of Category I through III diseases will be treated as if they were in Category IV. The Department may issue a Fish Transport Permit for transfer or release of fish with the presence of disease agents in this category if the disease agent has not occurred within the past three years of fish rearing, the fish are appropriately treated for disease before transfer, or the disease agent occurs in the receiving waters. The Department may deny a Fish Transport Permit to transfer or import fish from facilities where Category III and IV diseases agents have been identified until acceptable treatment or improved history record (three years without disease detection) requirements have been met through appropriate fish health examinations.

Stat: Auth.: ORS 496, 497, 498, 506 & 508

History

Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508
DFW 96-2003, f. & cert. ef. 9-19-03

Or. Admin. R. 635-007-0980 Additional Reference Material for Fish Disease Management

Guidelines for inspection of fish for diseases are found in the Integrated Hatchery Operation Team Policies and Procedures for Columbia Basin Anadromous Salmonid Hatcheries (IHOT 1995), American Fisheries Society Fish Health Blue Book (AFS-FHS Suggested procedures for the detection and identification of certain finfish and shellfish pathogens. 5th ed., 2002, Fish Health Section, American Fisheries Society), the inspection manual of this reference may be found at http://fisheries.fws.gov/FHC/handbook.htm), the Fish Health Protection Regulations Manual of Compliance of Canada, 1984 and the Pacific Northwest Fish Health Protection Committee Model Comprehensive Fish Health Protection Program (September 1989), http://www.efw.bpa.gov/Environment/EW/EWP/DOCS/ REPORTS/HATCHERY/A60629.pdf

Stat: Auth.: ORS 496, 497, 498, 506 & 508

History

Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508
DFW 96-2003, f. & cert. ef. 9-19-03

Or. Admin. R. 635-007-0985 Inspection and Detection of Disease Agents at the Department’s Facilities

(1) The Facility Manager must ensure that inspections are performed on all fish stocks no more than six weeks before fish are released or transferred to other locations in the state and on any fish to be imported into the state. The Department’s Fish Health Services must maintain a database of fish health examination results.

(2) The Facility Manager must complete a Fish Liberation Report for the import, export, or transfer of live fish or eggs in Oregon before moving any fish or eggs.

(3) The Facility Manager must ensure regular monitoring of all fish by a Department fish health specialist. Appropriate fish tissues must be screened for the presence of parasitic and bacterial agents and viral examinations of appropriate organs and lesions of moribund or dead fish depending on disease signs on affected fish.

(4) Examinations for Myxobolus cerebralis, agent of whirling disease, must be conducted regularly on 60 juvenile salmonid fish held for a minimum of 180 days at each facility, either annually for facilities in endemic regions or those that export fish or eggs out of state, or every three years in non-endemic regions without a history of M. cerebralis detection. In cases where multiple water supplies exist, fish reared in each susceptible water supply must be sampled.

(5) The Facility Manager must direct the treatment or destruction of fish infected with any disease agent, whether listed in these rules or not, that may adversely affect the health of the fish of this state. The Department’s Fish Division will determine whether the affected fish must be destroyed.

(6) If fish loss exceeds 0.1 percent per day over five consecutive days in any rearing or incubation container, then the Facility Manager must:

(a) Have an examination promptly performed on live and dead fish from each pond of concern by a Department fish health specialist and, if the fish health specialist determines it is necessary, from the entire facility.

(b) Notify in writing by E-mail, fax, or equivalent means the Department’s Regional Office and Fish Division of the location, extent, and probable cause of such losses and provide written documentation of a planned Department-approved treatment regimen to control the fish disease agent.

History

Statutory/Other Authority: ORS 497, ORS 496, 498, 506 & 508
Statutes/Other Implemented: ORS 497, ORS 496, 498, 506 & 508
DFW 117-2020, amend filed 09/09/2020, effective 09/09/2020
DFW 96-2003, f. & cert. ef. 9-19-03

Or. Admin. R. 635-007-0990 Inspection and Detection of Disease Agents at Non-Department Facilities

(1) No person may import, export, release, or transfer live fish or fish eggs in Oregon without a Fish Transport Permit issued pursuant to OAR 635-007-0600.

(2) Except as provided in section (3) of this rule, any group of live fish or eggs found to have been imported into or transferred within Oregon without a Fish Transport Permit is subject to seizure and destruction by the Department.

(3) The Department, in its discretion, may direct the Facility Manager to undertake immediate steps to obtain proper, up-to-date fish health examinations from the original source of fish or eggs, and to have fish inspected for fish disease agents by a fish health specialist acceptable to the Department. Such fish or eggs must not be released or moved to any other facility until the owner has obtained a completed disease examination report from the fish health specialist. The Facility Manager is responsible for the costs of the inspection required by this rule.

(4) Except for fish reared for release under a private salmon hatchery permit pursuant to ORS 508.700, before importing any fish the Facility Manager must obtain an annual health examination of broodstock from which fish are to be imported and a copy of relevant fish health examinations of the lot of fish to be imported. If a facility has not previously exported fish to Oregon, the Facility Manager must also obtain a five-year fish-health history of stocks held at the facility and a description of the water supply source. Examinations for IHNV, IPNV, and VHSV must be conducted for salmonid broodstock. An examination for Myxobolus cerebralis, as described in section (5) of this rule, must also be conducted on salmonid fish. Depending on the fish species, examinations for culturable viruses and specific bacterial and parasitic agents must be conducted for non-salmonid broodstock. The above-listed examinations must be performed by a fish health specialist acceptable to the Department. However, the Department may issue a Fish Transport Permit to import live fish into this state without the examination report if the Department finds:

(a) The fish eggs or larvae would mature to a stage at which they cannot be safely transported before a disease examination could take place or results are complete; and

(b) The fish or eggs are held in a facility approved by the Department until the permit holder can obtain a completed disease examination report.

(5) Examinations for Myxobolus cerebralis, agent of whirling disease, must be conducted regularly on 60 juvenile fish held for a minimum of 180 days at each facility, either annually for facilities in endemic regions or those that export fish or eggs out of state, or every three years in non-endemic regions without a history of M. cerebralis detection. In cases where multiple water supplies exist, fish reared in each susceptible water supply must be sampled.

(6) Fish Health Services must maintain a database of fish health examination results.

(7) Any fish found to be infected with a disease agent that the Department determines may adversely affect the health of the fish of this state must be treated or destroyed at the Facility Manager’s expense as directed by the Department or may be sold for human consumption, if appropriate.

(8) If fish loss exceeds 0.1 percent per day over five consecutive days in any rearing or incubation container, the Facility Manager, Facility Permittee, or Fish Propagation Licensee must:

(a) Have an examination promptly performed on live and dead fish from each pond of concern by a fish health specialist acceptable to the Department and, if required by the Department, from the entire facility.

(b) Notify in writing by E-mail, fax, or equivalent means the Department’s Fish Division at its Headquarters and Fish Health Services laboratories in Corvallis, Clackamas and La Grande of the location, extent, and probable cause of such losses and provide written documentation of a treatment regimen planned to control the fish disease; and

(c) Provide Fish Health Services a copy of the disease examination record within seven business days after completion of appropriate tests.

(9) Failure to comply with these rules is grounds for the revocation of any Fish Propagation License, Cooperative Salmon Hatchery Agreement, or Fish Transport Permit.

History

Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508
DFW 117-2020, amend filed 09/09/2020, effective 09/09/2020
DFW 96-2003, f. & cert. ef. 9-19-03

Or. Admin. R. 635-007-0995 Containment and Treatment of Fish Disease Agents

(1) The Department may approve the transfer or release of fish or issue a Fish Transport Permit with special conditions, depending on the disease history of the shipping station or watershed, the current disease inspection report, or the susceptibility of fish to disease agents endemic in the watershed to which the fish would be shipped.

(2) The Oregon exporter and importer (recipient) are responsible for getting the required permits and complying with all regulations concerning transporting fish within Oregon and importing fish to Oregon from any other state, province, or country.

(3) The examination (station check) of salmonids sampled at a particular hatchery for M. cerebralis must meet Oregon’s requirements for M. cerebralis import or transfer of fish from that facility to or within Oregon.

(4) If the Department determines that live fish have a disease agent that may affect fish in Oregon, the fish may not be transported from one watershed to another within this state or exported from this state without the Department’s written consent. The Department may restrict or prohibit a person from transporting infected fish or fish suspected of being infected to or from certain watersheds or areas within watersheds of the state.

(5) The Department may authorize a person to transfer salmonids from any waters of the state or other states without a health inspection to a facility approved by the Department for scientific study pursuant to the objectives of projects acceptable to the Department.

(6) Fish at all Department facilities must be treated so as to reduce the amplification of disease agents. Protocols listed in sub-paragraphs (a)–(c) are required for all Department facilities and are recommended for privately operated fish facilities to minimize the amplification of disease agents within their facilities.

(a) When fish disease agents are detected, preventative and therapeutic strategies must be implemented to reduce the impact of such disease agents on both hatchery-reared and naturally-reared native fish populations.

(b) Sanitation protocols:

(A) Eggs must be disinfected or water-hardened in buffered iodophor. Eggs must be disinfected after collection and, if transferred to a new facility, they must also be disinfected upon arrival. Imported eggs and their shipping containers must be disinfected at the approved destination using methods acceptable to the Department’s fish health specialists. (A list of acceptable disinfecting agents and methods is available from the Department).

(B) Disinfection footbaths or other means of disinfection must be provided at the incubation facility's entrance and exit areas for sanitizing footwear, raingear, and equipment while embryos are incubating in the facility.

(C) Equipment and rain gear used in broodstock handling or spawning must be sanitized after leaving the adult area and before being used in other rearing units or the hatch-house building.

(D) Equipment used to collect dead fish must be sanitized before being used in another pond, or equipment must be designated for each specific pond.

(E) Dead fish must be disposed of promptly and in a manner that will prevent the introduction of disease agents to waters of the State.

(F) Rearing units must be cleaned on a regular basis by vacuuming, brushing, or flushing. All equipment used for this purpose must be disinfected before being moved to a different pond.

(G) Equipment used to transfer eggs or fish among facilities, including fish liberation tankers, must be sanitized before being used with any other fish lot or at any other location. Disinfecting and disinfected water must be disposed of in an approved manner.

(H) Rearing units must be sanitized after removing fish and before introducing a new fish stock either by thoroughly cleaning the unit and using a disinfectant or by cleaning it and leaving it to dry for a minimum of three days.

(I) Use of pathogen-free water is preferable, especially for egg incubation and early fish rearing.

(c) Preventative and therapeutic fish health strategies must be implemented at all facilities in consultation with the Department’s personnel to avoid or reduce disease agents and fish losses. Fish health strategies may include the following:

(A) Modifying hatchery practices such as water temperature, feeding or cleaning regimes, egg culling operations, isolating containers of infected fish, and using a different water supply;

(B) Changing release strategies, if approved by the Department’s Fish Division;

(C) Destroying fish if the disease agent is untreatable and an epizootic event is likely, or where an exotic or non-endemic disease agent is detected, if approved by Fish Division;

(D) Increasing water releases from reservoirs when possible to increase flows and reduce water temperature.

(E) Treating fish with federally approved chemicals or drugs from one of the following categories:

(i) FDA-labeled and approved for use on food fish;

(ii) Allowed by the FDA as an Investigational New Animal Drug;

(iii) Obtained by extra-label prescriptions from veterinarians;

(iv) Allowed by the FDA as low regulatory priority or deferred regulatory status;

(v) Chemicals not allowed on food fish but approved by the FDA through the US Fish and Wildlife Service for fish listed under the federal Endangered Species Act.

(7) In order to continue improving the Department’s expertise in fish health, the Department must develop and maintain partnerships with fish health specialists from other state and federal agencies, universities, and management partners.

History

Statutes/Other Implemented: ORS 496, 497, 498, 506 & 508
DFW 117-2020, amend filed 09/09/2020, effective 09/09/2020
DFW 96-2003, f. & cert. ef. 9-19-03

Or. Admin. R. 635-007-1000 Carcasses for Stream Enrichment

At least 45 percent of the carcasses from all adult hatchery-produced fish that return to hatchery facilities, averaged over 10 years, must be retained and placed at seasonally appropriate times in natural spawning and rearing areas to enhance nutrient recycling. Distribution of carcasses in any single year will take account of the following:

(1) Placement is consistent with requirements of state and federal water quality laws.

(2) The Department must review the disease history of the hatchery and particular fish stock, current fish health testing results, geographic location and history of fish disease, and presence of disease agents in the receiving stream and watershed as a whole to minimize the risk of introducing or disseminating disease agents into the receiving waters.

(3) Only fish that are killed as excess brood or that survive to spawn may be used for carcass distribution.

(4) Carcasses must be placed in the originating river basin or locations identified in hatchery program management plans or other operational or conservation plans.

(5) The Fish Division may stop carcass distribution if pathogen levels increase in spawned adult fish during the spawning period.

History

Statutory/Other Authority: ORS 506.050
Statutes/Other Implemented: ORS 506.124 & House Bill 3191 (2021)
DFW 149-2022, amend filed 11/15/2022, effective 11/15/2022
DFW 96-2003, f. & cert. ef. 9-19-03

Division 8 LANDS: DEPARTMENT OF FISH AND WILDLIFE LANDS

Or. Admin. R. 635-008-0015 Agreements to Restrict Use of Motor-Propelled Vehicles

No person shall violate posted motor-propelled vehicle use restrictions established by agreements entered into pursuant to ORS 498.152.

[ED. NOTE: This rule was Renumbered from 630-010-0515, 635-015-0015]

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 498.152
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 498.152
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
FWC 87-1977, f. 1-28-77, ef. 2-1-77
Reverted to GC 246, f. 9-14-71
FWC 70(Temp), f. & ef. 8-25-76 through 12-23-76
GC 246, f. 9-14-71

Or. Admin. R. 635-008-0040 Forage Removal from Department Lands

(1) Forage removal from Department owned or managed lands by haying, grazing, or other means will be by agreement only. Agreements will be issued by the Department for a period not to exceed five years. Agreements are not transferable.

(2) Forage removal agreements will be considered on a priority basis. First priority will be given to local grazing associations, adjoining landowners, adjacent landowners and former agreement holders, not necessarily in that order. Second priority will be given to any other interested party.

(3) Selection of first priority agreement holders will be made in accordance with the management objectives for the land.

(4) Selection of second priority applicants will be based on the highest bidder.

(5) Fees charged to first priority agreement holders will be similar to those fees charged on comparable forage in the vicinity. Fees charged to second priority agreement holders will be established through the competitive bid.

(6) Management practices affecting forage removal will be established to protect the property and benefit wildlife resources.

(7) A forage removal agreement may be cancelled by the Director for failure to:

(a) Follow all requirements set forth in the agreement;

(b) Pay fees required;

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 104-2015, f. & cert. ef. 8-12-15
FWC 24-1982, f. & ef. 4-5-82
FWC 62-1978, f. & ef. 12-20-78, Renumbered from 635-015-0040
FWC 42-1978, f. & ef. 8-29-78

Or. Admin. R. 635-008-0050 Fish and Wildlife Commission to Post and Enforce Rules

In compliance with authority contained in ORS 496.146(9), and penalties prescribed in 496.992, the following rules are adopted to protect wildlife, fish, lands, and appurtenances or management activities and objectives on lands where title to, or control of, rests in the State of Oregon, acting by and through its Department of Fish and Wildlife ("department owned, managed, or controlled areas"). In addition to the requirements and restrictions contained in chapter 635, divisions 011, 021, 045, 046, 050, 051, 052, 053, 054, 060 and 065; the following rules shall apply to all Department owned, managed, or controlled areas referenced in chapter 635, division 008 except as modified by the rules for individual wildlife areas.

(1) In order to further the purposes of ORS 496.012 or to protect public safety, portions of Department owned, managed, or controlled areas may be posted and closed to all entry. Entering an area posted "closed to entry" is prohibited.

(2) Leaving garbage and litter on the area is prohibited.

(3) Leaving personal or commercial property overnight on Department owned, managed or controlled areas is prohibited except at camping sites during authorized camping periods.

(4) Posted Refuges and Safety Zones are closed to hunting, trapping and shooting.

(5) Motor vehicles are prohibited except on parking areas, open roads, areas posted as open to motor vehicles, or as provided for in the following rules. No cross-country travel or off road motor vehicle use is allowed, except for administrative use.

(6) A permit is required to remove firewood, cut trees, dig or remove minerals, sand, gravel, rock, or any other article, product or material found on the area except for fish and wildlife taken as permitted by law and edible fruiting bodies of plants for personal consumption.

(7) An agreementis required to graze livestock except riding and pack animals in actual use for recreational purposes. Trespass livestock may be removed and/or impounded at the owner's expense in compliance with ORS Chapter 607.

(8) No person shall display behavior which unreasonably deters, distracts or hinders others in the peaceable enjoyment of the area.

(9) The Department may evict any person from an area for any violation of any Department rule or regulation, or when continued presence of that person could cause a threat to the rights and safety of others or property.

(10) No person, commercial vendor or company shall dispense or sell material, goods or items on the area.

(11) Drones/UAV’s may not be flown within the boundary of any ODFW owned, managed, or controlled area except for administrative use.

(12) The Department may manage, control or humanely remove any non-native or invasive species from Department owned, managed, or controlled areas for the purpose of protecting native wildlife and their habitats.

(13) All dogs must be kept on a leash, except:

(a) While accompanied by a licensed hunter when being used to hunt game birds, including while going to or coming from hunting locations;

(b) In a posted dog training area;

(c) While the dog is under direct control in a posted parking area, designated campground or on a road currently open to public motor vehicle traffic; or

(d) As otherwise specified in 635-008-0112, 0147, 0190, 0211.

(14) it is unlawful to dig and disturb any artifact or archaeological specimen on any public land per ORS Chapter 358 and federal law under the Archaeological Resources Protection Act of 1979.

(15) Possession and use of fireworks, explosives, or similar materials is prohibited.

(16) The Department may issue access permits allowing exceptions to these rules for uses or activities compatible with the purpose of each area, and consistent with the goals and objectives of the respective management plan where applicable.

(17) Notwithstanding any other regulation to the contrary, in no event may any person be excluded from day use areas for sleeping during daylight hours nor a criminal sanction be issued to an individual experiencing homelessness for violations except those regulations related to the conduct of that individual.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.128 & 501.015
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.128 & 501.015
DFW 43-2023, amend filed 05/19/2023, effective 05/19/2023
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 62-2020, temporary amend filed 05/19/2020, effective 05/20/2020 through 09/17/2020
DFW 31-2020, temporary amend filed 03/20/2020, effective 03/22/2020 through 09/17/2020
DFW 29-2020, temporary amend filed 03/20/2020, effective 03/22/2020 through 09/17/2020
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 153-2018, amend filed 09/28/2018, effective 09/28/2018
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 122-2017, amend filed 09/21/2017, effective 09/21/2017
DFW 104-2015, f. & cert. ef. 8-12-15
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 125-2009, f. & cert. ef. 10-7-09
DFW 93-2009, f. & cert. ef. 8-12-09
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & ef. 5-18-82, Renumbered from 635-008-0005
FWC 2-1981(Temp), f. & ef. 1-20-81
FWC 63-1980, f. & cert. ef. 11-4-80
GC 252-1972, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, & 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0051 Purpose: Parking Permit System for Department Wildlife Areas

The purpose of the Wildlife Area parking permit system is to develop additional dedicated revenue for designated Wildlife Areas which will be used to augment infrastructure and habitat restoration activities and enhance wildlife viewing.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
Renumbered from 635-008-0148 by DFW 117-2014, f. & cert. ef. 8-7-14
DFW 3-2011, f. & cert. ef. 1-14-11
FWC 12-1990, f. & cert. ef. 2-2-90

Or. Admin. R. 635-008-0052 Definition

For purposes of OAR 635-008-0051 through 635-008-0053:

(1) "Permit" means a vehicle permit that is issued as evidence of a grant of authority to park a motor-propelled vehicle in a designated parking fee area within a designated Wildlife Area.

(2) "Parking" means a vehicle not in motion.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
Renumbered from 635-008-0149 by DFW 117-2014, f. & cert. ef. 8-7-14
DFW 3-2011, f. & cert. ef. 1-14-11
FWC 8-1993, f. & cert. ef. 2-8-93
FWC 12-1990, f. & cert. ef. 2-2-90

Or. Admin. R. 635-008-0053 Procedures for Issuance and Enforcement of Parking Permits for Department Wildlife Areas

The Oregon Department of Fish and Wildlife hereby adopts the following procedures relating to issuance and enforcement of parking permits for certain vehicles on Department Wildlife Areas where parking permits are required:

(1) Parking may be limited to designated parking areas. A parking permit is required at all times for parking at all designated wildlife areas where a Wildlife Area Parking Permit is required. Refer to specific wildlife area regulations listed in these rules.

(2) Fee parking areas are designated by ODFW approved signs.

(3) One of the following permits is required: an annual permit or a daily permit.

(4) The fee for parking permits is $8.00 (plus $2.00 agent fee) for permits issued on a daily basis or $28.00 (plus $2.00 agent fee) for permits issued on an annual basis beginning each January 1. Any annual hunting license (including Combination and Sports Pac) will include a free annual parking permit.

(5) A Sauvie Island Beaches Parking Permit is required to park at Walton, Collins, and North Unit beaches on weekends and state-recognized holidays from June 15th through Labor Day. This permit is different from the Wildlife Area Parking Permit, which is not valid at these beaches during this period. Wildlife Area Parking Permits are valid at Walton, Collins, and North Unit beaches only from the day after Labor Day through June 14th and on weekdays from June 15th through Labor Day, except when a weekday falls on a state-recognized holiday, in which case the Wildlife Area Parking Permit is not valid. The fee for a Sauvie Island Beaches parking permit is $8.00 (plus a $2.00 agent fee) for daily permits, or $28.00 (plus a $2.00 agent fee) for seasonal permits. Seasonal permits are valid on weekends and state-recognized holidays from June 15 through Labor Day. The number of Sauvie Island Beaches Permits will be limited to balance access and safety considerations. The Director or designee will determine the number of seasonal and daily Sauvie Island Beaches Parking Permits available.

(6) Permits are issued by agents, Department offices that sell licenses and the Department’s Electronic Licensing System to a party upon payment and may be transferred from vehicle to vehicle.

(7) The permits must be visible from outside the vehicle and be displayed in the front or rear window of the vehicle. A party may write their ODFW ID number, as shown on their parking permit, and display it as valid proof of permit. The permit and/or ODFW ID number must be clearly displayed and legible. A party may only display their ODFW ID number as proof of permit if the person assigned that ODFW ID number has acquired a valid parking permit and was transported to or from the wildlife area in that vehicle on the day the ODFW ID is displayed. Each vehicle must display a unique parking permit.

(8) No parking permits will be required for those vehicles which are owned or operated by government agencies. Notwithstanding paragraph (5), the Department reserves the right to issue free administrative parking permits for private vehicles used by volunteers while participating in official Department-related activities or to participants involved in a Department sponsored hunter recruitment event. Parking permits will not be required for individuals arriving in private vehicles to address fire, health or safety emergencies.

(9)(a) A person who parks a motor-propelled vehicle in violation of restrictions established and posted under OAR 635-008-0051 through 635-008-0053 commits an offense punishable as provided in ORS 496.992;

(b) The procedure for a peace officer (or other person authorized to enforce the wildlife laws) to follow upon finding a non-government vehicle parked in a designated fee parking area without a permit shall consist of the issuance of a citation which shall be either delivered to the defendant or placed in a conspicuous place upon the vehicle in the violation.

(c) A person who is the registered owner of an unattended motor-propelled vehicle parked in violation of the restrictions established and posted under OAR 635-008-0051 through 635-008-0053 shall be presumed to have violated OAR 635-008-0053(8)(a). It is an affirmative defense to a prosecution of the registered owner of a vehicle under subsection (8)(a) of this section that the use was not authorized by the owner, either expressly or by implication.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 34-2026, amend filed 04/30/2026, effective 04/30/2026
DFW 80-2024, amend filed 09/16/2024, effective 09/16/2024
DFW 138-2022, amend filed 09/30/2022, effective 09/30/2022
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 122-2017, amend filed 09/21/2017, effective 09/21/2017
DFW 41-2016, f. & cert. ef. 4-27-16
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
Renumbered from 635-008-0151 by DFW 117-2014, f. & cert. ef. 8-7-14
DFW 65-2014, f. 6-11-14, cert. ef. 7-4-14
DFW 85-2013, f. & cert. ef. 8-5-13
DFW 30-2013, f. & cert. ef. 5-10-13
DFW 144-2012(Temp), f. & cert. ef. 11-13-12 thru 5-10-13
DFW 57-2012, f. & cert. ef. 6-11-12
DFW 6-2012(Temp), f. & cert. ef. 2-6-12 thru 8-1-12
DFW 54-2011, f. & cert. ef. 5-24-11
DFW 3-2011, f. & cert. ef. 1-14-11
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
Reverted to DFW 30-2000, f. & cert. ef. 6-14-00
DFW 74-2003(Temp), f. 8-1-03, cert. ef. 8-3-03 thru 8-7-03
Reverted to DFW 30-2000, f. & cert. ef. 6-14-00
DFW 3-2002(Temp), f. & cert. ef. 1-3-02 thru 1-23-02
DFW 30-2000, f. & cert. ef. 6-14-00
FWC 8-1993, f. & cert. ef. 2-8-93
FWC 12-1990, f. & cert. ef. 2-2-90

Or. Admin. R. 635-008-0055 Bridge Creek Wildlife Area (Umatilla County)

The Bridge Creek Wildlife Area is open to wildlife-oriented public use compatible with the goals and objectives contained in the 2009 (updated 2021) Bridge Creek Wildlife Area Management Plan unless otherwise excluded or restricted by the following rules:

(1) The area is open to entry during the period April 15 through November 30.

(2) Motorized vehicle travel is only allowed on open roads or parking areas and up to 300 feet off open roads for the purpose of moving to and from campsites.

(3) Camping is allowed during the period April 15 through November 30, but shall not exceed a total of 14 days during any 30-day period.

(4) Campfires or open burning is prohibited except at campsites. Open fires are prohibited during designated fire closures.

(5) Domestic sheep and goats are prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 153-2018, amend filed 09/28/2018, effective 09/28/2018
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 117-2010, f. & cert. ef. 8-13-10
DFW 40-2009, f. & cert. ef. 4-27-09
DFW 81-2006, f. & cert. ef. 8-11-06
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & cert. ef. 5-18-82, Renumbered from 635-008-0005(1)
FWC 2-1981(Temp), f. & cert. ef. 1-20-81
FWC 63-1980, f. & ef. 11-4-80
GC 252-1972, f. 5-11-72, ef. 6-1-72, Renumbered from 630-010-0500, Renumbered from 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0060 Burns Gravel Pond (Harney County)

The Burns Gravel Pond area is open to public use unless otherwise excluded or restricted by the following rules:

(1) Hunting is prohibited.

(2) Discharging firearms is prohibited.

(3) Camping is prohibited.

(4) Open fires are prohibited.

(5) The area is closed to the public between 10 pm and 4 am.

(6) Trapping is prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 117-2014, f. & cert. ef. 8-7-14
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & cert. ef. 5-18-82, Renumbered from 635-008-0005(2)
FWC 2-1981(Temp), f. & ef. 1-20-81
FWC 63-1980, f. & cert. ef. 11-4-80
GC 252-1972, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0065 Carver Fishing Access: Clackamas County

In addition to the provisions in OAR 635-008-0200, at the Carver Fishing Access (Clackamas County):

(1) Public use is prohibited between the hours of 10 pm and 4 am daily.

(2) Open fires are prohibited.

(3) Trapping is prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
FWC 30-1982, f. & ef. 5-18-82

Or. Admin. R. 635-008-0067 Chickahominy Wildlife Area (Harney County)

The Chickahominy Wildlife Area is open to wildlife-oriented public use unless otherwise excluded or restricted by the following rules:

(1) Camping is prohibited except in areas designated for that use.

(2) Open fires are prohibited except in designated areas.

(3) Discharging firearms is prohibited except as authorized during game bird and game mammal seasons.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 117-2014, f. & cert. ef. 8-7-14
FWC 53-1994, f. & cert. ef. 8-25-94

Or. Admin. R. 635-008-0068 Coquille Valley Wildlife Area (Coos County)

The Coquille Valley Wildlife Area is open for wildlife-oriented public use compatible with the goals and objectives contained in the 2016 Coquille Valley Wildlife Area Management Plan (the “Plan”) unless otherwise excluded or restricted by the following rules. The Wildlife Area Goals and Objectives in the Plan are incorporated into this rule by reference.

(1) Free daily Hunting/Access permits are required, must be possessed at all times by users and must be completed and returned at the end of the day. Consult annual Game Bird regulations for time and date restrictions and hunting requirements.

(2) Discharging firearms is prohibited except as authorized during game bird and game mammal seasons.

(3) No person shall possess or use any shot other than federally-approved nontoxic shot at any time, except for big game hunters using buckshot or slugs.

(4) Discharge of firearms into, from or across Safety Zones is prohibited.

(5) Posted Refuges are closed to public access except to retrieve lawfully taken wildlife during authorized hunting seasons.

(6) Camping is prohibited.

(7) Open fires are prohibited.

(8) The wildlife area is closed to the public between 10 pm and 4 am.

(9) Any vehicle found parked or unattended on the Wildlife Area between the hours of 10 pm and 4 am, or obstructing public or administrative access may be towed at the expense of the registered owner or owners.

(10) Parking is allowed in designated areas only.

(11) No boats with gas powered motors may be launched from the area.

(12) Trapping is prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 40-2016, f. & cert. ef. 4-27-16
DFW 104-2015, f. & cert. ef. 8-12-15

Or. Admin. R. 635-008-0069 Courtney Creek Wildlife Area (Linn County)

The Courtney Creek Wildlife Area is open to wildlife-oriented public use unless otherwise excluded or restricted by the following rules:

(1) Camping or overnight stay is prohibited.

(2) The area is closed to the public 10 pm to 4 am.

(3) Open fires are prohibited.

(4) Discharging firearms is prohibited except shotguns during game bird and game mammal seasons.

(5) The use of air guns, BB guns and paintball guns is prohibited.

(6) Trapping is prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 137-2019, adopt filed 09/20/2019, effective 09/20/2019

Or. Admin. R. 635-008-0070 Coyote Springs Wildlife Area (Morrow County)

The Coyote Springs Wildlife Area is open to wildlife-oriented public use compatible with the goals and objectives contained in the 2008 (updated 2022) Columbia Basin Wildlife Area Management Plan unless otherwise excluded or restricted by the following rules:

(1) Camping or overnight stay is prohibited.

(2) Open fires are prohibited.

(3) Discharging firearms other than shotguns is prohibited.

(4) Discharging a shotgun is prohibited except as authorized during game bird seasons.

(5) No person shall possess or use any shot other than federally-approved nontoxic shot.

(6) The wildlife area is closed to the public between 10 pm and 4 am except in designated parking areas.

(7) No person shall leave decoys set out overnight (10 pm to 4 am.)

(8) Placing waterfowl hunting site closer than 200 yards apart is prohibited.

(9) Closed to all big game hunting.

(10) ODFW Wildlife Area Parking Permit required.

(11) Trapping is prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 108-2011, f. & cert. ef. 8-5-11
DFW 117 2010, f. & cert. ef. 8-13-10
DFW 137-2008, f. & cert. ef. 10-27-08
DFW 91-2005, f. & cert. ef. 8-19-05
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & cert. ef. 5-18-82, Renumbered from 635-008-0005(3)
FWC 2-1981(Temp), f. & cert. ef. 1-20-81
FWC 63-1980, f. & cert. ef. 11-4-80
GC 252-1972, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0075 Crates Point Wildlife Area (Wasco County)

The Crates Point Wildlife Area is open to wildlife-oriented public use unless otherwise excluded or restricted by the following rules:

(1) Discharging firearms is prohibited except shotguns during authorized game bird and game mammal seasons.

(2) Camping is prohibited.

(3) Open fires are prohibited.

(4) The wildlife area is closed to the public between 10 pm and 4 am.

(5) Trapping is prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 81-2006, f. & cert. ef. 8-11-06
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & ef. 5-18-82

Or. Admin. R. 635-008-0080 Ken Denman Wildlife Area (Jackson County)

The Ken Denman (Denman) Wildlife Area is open to wildlife-oriented public use compatible with the goals and objectives contained in the 2006 (updated 2017) Ken Denman Wildlife Area Management Plan unless otherwise excluded or restricted by the following rules:

(1) Open to the discharge of firearms only while hunting big game and game birds during authorized seasons.

(2) No person shall possess or use any shot other than federally-approved nontoxic shot at any time, except for big game hunters using buckshot or slugs.

(3) Use of rifles and handguns is prohibited at all times.

(4) Camping is prohibited.

(5) The wildlife area is closed to the public between 10 pm and 4 am.

(6) Boats with gas propelled motors are prohibited.

(7) The use of air guns, BB guns and paintball guns is prohibited.

(8) Free daily hunting permits available at self-service check stations located at area access points are required, must be possessed at all times by users and must be completed and returned at the end of the day.

(9) Trapping is prohibited.

(10) ODFW Wildlife Area Parking Permit required.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 136-2020, temporary amend filed 10/01/2020, effective 10/01/2020 through 10/15/2020
DFW 137-2019, amend filed 09/20/2019, effective 09/20/2019
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 153-2018, amend filed 09/28/2018, effective 09/28/2018
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 41-2016, f. & cert. ef. 4-27-16
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 108-2011, f. & cert. ef. 8-5-11
DFW 118-2006, f. & cert. ef. 10-16-06
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & cert. ef. 5-18-82, Renumbered from 635-008-0005(4)
FWC 2-1981(Temp), f. & cert. ef. 1-20-81
FWC 63-1980, f. & cert. ef. 11-4-80
GC 252-1972, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0085 Elkhorn Wildlife Area (Baker/Union Counties)

The Elkhorn Wildlife Area is open to wildlife-oriented public use compatible with the goals and objectives contained in the 2006 (updated 2017) Elkhorn Wildlife Area Management Plan unless otherwise excluded or restricted by the following rules:

(1) The area is open to the public from April 11 through November 30.

(2) Camping is allowed per posted rule during the period April 11 through November 30 at Anthony Creek. Camping at the River Feed Site is allowed three days prior to first bull elk season to three days after second bull elk season and shall not exceed a total of 14 days during any 30-day period.

(3) Campfires or open burning is prohibited except at campsites. Open fires are prohibited during designated fire closures.

(4) ATV and snowmobile use is prohibited on all area lands except for administrative use.

(5) The Roth Tract is closed to all hunting. The Roth Tract is closed to public entry at all times of the year.

(6) ODFW Wildlife Area Parking Permit required.

(7) Discharging of firearms is prohibited except while hunting during authorized game bird and game mammal seasons.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 58-2021, amend filed 05/06/2021, effective 05/06/2021
DFW 137-2019, amend filed 09/20/2019, effective 09/20/2019
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 153-2018, amend filed 09/28/2018, effective 09/28/2018
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 117 2010, f. & cert. ef. 8-13-10
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 118-2006, f. & cert. ef. 10-16-06
DFW 81-2006, f. & cert. ef. 8-11-06
FWC 53-1994, f. & cert, ef, 8-25-94
FWC 30-1982, f. & cert. ef. 5-18-82, Renumbered from 635-008-0005(5)
FWC 2-1981(Temp), f. & cert. ef. 1-20-81
FWC 63-1980, f. & cert. ef. 11-4-80
GC 252-1972, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0090 Enterprise Wildlife Area (Wallowa County)

The Enterprise Wildlife Area is open to wildlife-oriented public use unless otherwise excluded or restricted by the following rules:

(1) Discharging firearms is prohibited except while hunting during authorized game bird and game mammal seasons. Posted portions of the area lying south of the Union Pacific Railroad line and the entire Marr Tract are closed to all hunting.

(2) Trapping is prohibited.

(3) Camping is prohibited.

(4) Open fires are prohibited.

(5) The wildlife area is closed to the public between 10 pm and 4 pm.

(6) ATV and snowmobile use is prohibited on all area lands except for administrative use.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 58-2021, amend filed 05/06/2021, effective 05/06/2021
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 117-2014, f. & cert. ef. 8-7-14
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & ef. 5-18-82, Renumbered from 635-008-0005(6)
FWC 2-1981(Temp), f. & ef. 1-20-81
FWC 63-1980, f. & cert. ef. 11-4-80
GC 252-1972, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0095 Fern Ridge Wildlife Area (Lane County)

As the underlying landowner, the U.S. Army Corps of Engineers has adopted rules and regulations (CFR Title 36) that apply to all Fern Ridge project land and water areas. The Fern Ridge Wildlife Area is open to wildlife-oriented public use compatible with the goals and objectives contained in the 2009 (updated 2020) Fern Ridge Wildlife Area Management Plan unless otherwise excluded or restricted by the following rules:

(1) Open to the discharge of firearms only while hunting big game and game birds during authorized seasons.

(2) Discharging rifles and handguns is prohibited.

(3) No person shall possess or use any shot other than federally-approved nontoxic shot at any time, except for big game hunters using buckshot or slugs.

(4) The use of air guns, BB guns and paintball guns is prohibited.

(5) Camping is prohibited.

(6) Open fires are prohibited.

(7) The wildlife area is closed to the public between 10 pm and 4 am.

(8) Horses and horseback riding are prohibited.

(9) Free daily hunting permits are required for hunting various wildlife area units, must be possessed at all times by users and must be completed and returned at the end of the day. Consult annual Game Bird regulations for check station locations, time and date restrictions, and hunting requirements.

(10) Seasonal access restrictions may be in place to provide wildlife sanctuary. Consult annual Game Bird regulations and posted signage for dates and locations.

(11) Trapping is prohibited.

(12) ODFW Wildlife Area Parking Permit required.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 58-2021, amend filed 05/06/2021, effective 05/06/2021
DFW 103-2020, amend filed 08/13/2020, effective 08/13/2020
DFW 60-2020, temporary amend filed 05/19/2020, effective 05/19/2020 through 10/06/2020
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 41-2016, f. & cert. ef. 4-27-16
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 108-2011, f. & cert. ef. 8-5-11
DFW 64-2009, f. & cert. ef. 6-10-09
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & ef. 5-18-82, Renumbered from 635-008-0005(7)
FWC 2-1981(Temp), f. & ef. 1-20-81
FWC 63-1980, f. & ef. 11-4-80
GC 252-1972, f. 5-11-72, ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0100 Fish Lake Management Area: Harney County

The Fish Lake Management Area is open to public use unless otherwise excluded or restricted by the following rules:

(1) Discharging of firearms is prohibited except as authorized during game bird and game mammal seasons.

(2) Camping is prohibited except on areas designated for that use.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & cert. ef. 5-18-82
GC 65-1957, f. & cert. ef. 4-23-57, Renumbered from 630-010-0505, 635-015-0010, 635-008-0010

Or. Admin. R. 635-008-0103 Gods Valley Wildlife Area (Clatsop County)

The Gods Valley Wildlife Area is open to wildlife-oriented public use unless otherwise excluded or restricted by the following rules: Vehicles shall be restricted to travel only on county roads.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 117-2014, f. & cert. ef. 8-7-14

Or. Admin. R. 635-008-0105 Irrigon Wildlife Area (Morrow/Umatilla Counties)

The Irrigon Wildlife Area is open to wildlife-oriented public use compatible with the goals and objectives contained in the 2008 (updated 2022) Columbia Basin Wildlife Area Management Plan unless otherwise excluded or restricted by the following rules:

(1) Camping or overnight stay is prohibited.

(2) Horses must stay on the Lewis and Clark Heritage trail.

(3) Trapping is prohibited.

(4) Open fires are prohibited.

(5) Discharging firearms other than shotguns is prohibited.

(6) Discharging a shotgun is prohibited except as authorized during game bird and game mammal seasons.

(7) No person shall possess or use any shot other than federally-approved nontoxic shot at any time, except for big game hunters using buckshot or slugs.

(8) The wildlife area is closed to the public between 10 pm and 4 am except in designated parking areas.

(9) Leaving decoys set out overnight (10 pm to 4 am) is prohibited.

(10) Placing waterfowl hunting site closer than 200 yards apart is prohibited.

(11) ODFW Wildlife Area Parking Permit required.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 108-2011, f. & cert. ef. 8-5-11
DFW 137-2008, f. & cert. ef. 10-27-08
DFW 91-2005, f. & cert. ef. 8-19-05
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & cert. ef. 5-18-82, Renumbered from 635-008-0005(8)
FWC 2-1981(Temp), f. & cert. ef. 1-20-81
FWC 63-1980, f. & cert. ef. 11-4-80
GC 252-1972, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0110 Jewell Meadows Wildlife Area (Clatsop County)

The Jewell Meadows Wildlife Area is open to wildlife-oriented public use compatible with the goals and objectives contained in the 2007 (updated 2017) Jewell Meadows Management Plan unless otherwise excluded or restricted by the following rules:

(1) Open to the discharge of firearms only while hunting big game and game birds during authorized seasons.

(2) Posted Refuges and Safety Zones are closed to public access.

(3) Camping is prohibited except in designated areas, and shall not exceed a total of 14 days during any 30-day period.

(4) The Beneke Tract is open for hunting only during authorized game mammal and game bird seasons. Posted portions of the Beneke Tract are closed to entry during any open Saddle Mountain Unit elk season, except for black-tailed deer hunting only during the General Any Legal Weapon Western Oregon Season with a valid unused tag.

(5) The Humbug tract is open for hunting only during authorized game mammal and game bird seasons. Shooting firearms and bows from or across open fields is prohibited during any open Wilson Unit elk season.

(6) Trapping is prohibited.

(7) ODFW Wildlife Area Parking Permit required.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 80-2024, amend filed 09/16/2024, effective 09/16/2024
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 137-2019, amend filed 09/20/2019, effective 09/20/2019
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 153-2018, amend filed 09/28/2018, effective 09/28/2018
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 27-2007, f. & cert. ef. 4-19-07
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & cert. ef. 5-18-82, Renumbered from 635-008-0005(9)
FWC 2-1981(Temp), f. & cert. ef. 1-20-81
FWC 63-1980, f. & cert. ef. 11-4-80
GC 252-1972, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0112 Junction City Pond (Lane County)

The Junction City Pond area is open for public use unless otherwise excluded or restricted by the following rules:

(1) Hunting is prohibited.

(2) Discharging firearms, crossbows, air guns, BB guns or paint ball guns is prohibited.

(3) Discharge of archery (recurve, long, or compound bows) is allowed only within the designated archery park.

(4) The area is closed to the public between 9 pm and 6 am from April 1 through September 30, or between 7 pm and 6 am from October 1 through March 31.

(5) Motor vehicles are prohibited except on parking areas or open roads: no cross-country travel or off road motor vehicle use allowed.

(6) Operating motor propelled boats prohibited.

(7) Open fires are prohibited.

(8) Trapping is prohibited.

(9) Dog training is prohibited.

(10) All dogs must be on a leash.

(11) All participants using the archery park must adhere to the posted rules and regulations.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 122-2017, amend filed 09/21/2017, effective 09/21/2017
DFW 81-2016, f. & cert. ef. 6-27-16

Or. Admin. R. 635-008-0115 Klamath Wildlife Area (Klamath County)

The Klamath Wildlife Area is open to wildlife-oriented public use compatible with the goals and objectives contained in the 2008 (updated 2018) Klamath Wildlife Area Management Plan unless otherwise excluded or restricted by the following rules:

(1) Discharging firearms is prohibited except as authorized during game bird seasons.

(2) Camping is prohibited.

(3) Open fires are prohibited.

(4) No person shall possess or use any shot other than federally-approved nontoxic shot at any time.

(5) Miller Island Unit is closed to all deer hunting.

(6) A daily hunting permit is required for the Miller Island Unit, must be possessed at all times by users and must be completed and returned at the end of the day. Consult annual Game Bird regulations for check station locations, time and date restrictions, and hunting requirements.

(7) The wildlife area is closed to the public between 10 pm and 4 am.

(8) Trapping is prohibited.

(9) An ODFW Wildlife Area Parking Permit is required.

(10) The wildlife area is closed to all access from February 1 through April 30 with the following exceptions:

(a) Public roads, parking areas, birding trail and dog training area;

(b) During the Veterans and Active Military Personnel Waterfowl hunt.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.012 & 496.162
Statutes/Other Implemented: ORS 496.138, 496.146, 496.012 & 496.162
DFW 33-2025, amend filed 04/28/2025, effective 04/28/2025
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 133-2020, amend filed 09/29/2020, effective 09/29/2020
DFW 137-2019, amend filed 09/20/2019, effective 09/20/2019
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 41-2016, f. & cert. ef. 4-27-16
DFW 104-2015, f. & cert. ef. 8-12-15
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 108-2011, f. & cert. ef. 8-5-11
DFW 38-2008, f. & cert. ef. 4-24-08
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & cert. ef. 5-18-82, Renumbered from 635-008-0005(10)
FWC 2-1981(Temp), f. & cert. ef. 1-20-81
FWC 63-1980, f. & cert. ef. 11-4-80
GC 252-1972, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0117 Knight Park/Salmon River Access (Lincoln County)

The Knight Park/Salmon River Access area is open to fish and wildlife oriented public use activities. In addition to the provisions in OAR 635-008-0200, the following restriction to public use of Department land at Knight Park/Salmon River Access applies: Parking is prohibited between 10 pm and 4 am.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 117-2014, f. & cert. ef. 8-7-14

Or. Admin. R. 635-008-0120 Ladd Marsh Wildlife Area (Union County)

The Ladd Marsh Wildlife Area is open to wildlife-oriented public use compatible with the goals and objectives contained in the 2008 (updated 2018) Ladd Marsh Wildlife Area Management Plan unless otherwise excluded or restricted by the following rules:

(1) All wildlife area lands, except those west of Foothill Road, are closed to public entry except Wed., Sat., Sun. and Federal holidays August 1 through January 31 with the following exceptions:

(a) The Nature Trail, adjacent to I-84, is open year-round;

(b) The Foothill Road Viewpoint is open year-round;

(d) During the Veterans and Active Military Personnel Waterfowl hunt;

(e) The Tule Lake Public Access Area is open seven days a week March 1 – July 31 and Wed., Sat., Sun. and Federal holidays August 1 through January 31.

(2) All wildlife arealands west of Foothill Road are closed to all entry Feb. 1 through March 31.

(3) A daily public access permit, is required, must be possessed at all times by users and must be completed and returned at the end of the day.

(4) The wildlife area is closed to the public between 10 pm and 4 am.

(5) Discharging of firearms is prohibited except while hunting during authorized game bird and game mammal seasons. Discharge of all handgun and centerfire or rimfire rifles is prohibited east of Foothill Road. Discharge of air guns, BB guns, and paintball guns is prohibited at all times.

(6) Camping is prohibited.

(7) No person shall possess or use any shot other than federally-approved nontoxic shot at any time, except for big game hunters using buckshot or slugs.

(8) Horses are prohibited east of Foothill Road.

(9) ATV and snowmobile use is prohibited on all area lands except for administrative use.

(10) Trapping is prohibited.

(11) ODFW Wildlife Area Parking Permit required.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 58-2021, amend filed 05/06/2021, effective 05/06/2021
DFW 133-2020, amend filed 09/29/2020, effective 09/29/2020
DFW 137-2019, amend filed 09/20/2019, effective 09/20/2019
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 49-2017, f. & cert. ef. 4-24-17
DFW 20-2017, f. & cert. ef. 3-2-17
DFW 41-2016, f. & cert. ef. 4-27-16
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 85-2013, f. & cert. ef. 8-5-13
DFW 80-2013(Temp), f. 7-25-13, cert. ef. 7-26-13 thru 1-21-14
DFW 103-2012, f. & cert. ef. 8-6-12
DFW 108-2011, f. & cert. ef. 8-5-11
DFW 38-2008, f. & cert. ef. 4-24-08
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & cert. ef. 5-18-82, Renumbered from 635-008-0005(11)
FWC 2-1981(Temp), f. & cert. ef. 1-20-81
FWC 63-1980, f. & cert. ef. 11-4-80
GC 252-1972, f. 5-11-72, ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0121 Little Sheep Wildlife Area (Wallowa County)

The Little Sheep Wildlife Area is open to wildlife-oriented public use unless otherwise excluded or restricted.

(1) Discharging of firearms is prohibited except while hunting during authorized game bird and game mammal seasons.

(2) Camping is prohibited.

(3) Open fires are prohibited.

(4) The wildlife area is closed to the public between 10 pm and 4 am.

(5) Domestic sheep and goats are prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 163-2021, amend filed 10/13/2021, effective 10/13/2021
DFW 58-2021, amend filed 05/06/2021, effective 05/06/2021
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 117-2014, f. & cert. ef. 8-7-14

Or. Admin. R. 635-008-0122 Lorens Drift Public Access (Trask River): (Tillamook County)

The Loren’s Drift Public Access (Trask River; Tillamook County) is open for public use unless otherwise excluded or restricted by the following rules:

(1) The public access is closed to the public between 10 pm and 3 am.

(2) Open fires are prohibited.

(3) Motorized vehicle travel is only allowed on open roads or parking areas.

(4) Overnight parking of vehicles is prohibited.

(5) Discharge of any firearm is prohibited.

(6) Dogs are permitted on leash only.

(7) Trapping is prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 117-2014, f. & cert. ef. 8-7-14

Or. Admin. R. 635-008-0123 Lower Deschutes Wildlife Area (Sherman/Wasco Counties)

The Lower Deschutes Wildlife Area is open to wildlife-oriented public use compatible with the goals and objectives contained in the 2009 (updated 2021) Lower Deschutes Wildlife Area Management Plan unless otherwise excluded or restricted by the Deschutes River Scenic Waterway Rules and the following additional rules:

(1) Open to the discharge of firearms only while hunting big game and game birds during authorized seasons or by permit; except that discharge of firearms is prohibited within the scenic waterway boundary from the third Saturday in May through August 31.

(2) Unauthorized motor vehicle use is prohibited.

(3) Horses and horseback riding are prohibited except by access permit issued by OPRD.

(4) Open fires are prohibited except as specified under the Scenic Waterway rules.

(5) Camping is prohibited on river islands, areas posted "camping prohibited" within the Deschutes River Scenic Waterway, and on state lands outside the Deschutes River Scenic Waterway in the Lower Deschutes Wildlife Area (Deschutes Scenic Waterway is an area extending 1/4-mile away from each bank of the river).

(6) Public access to the Woosley Tract is only allowed from the Deschutes River through adjacent Bureau of Land Management lands.

(7) Domestic sheep and goats are prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 163-2021, amend filed 10/13/2021, effective 10/13/2021
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 28-2017, f. & cert. ef. 3-21-17
DFW 158-2015, f. & cert. ef. 11-25-15
DFW 136-2015(Temp), f. & cert. ef. 10-1-15 thru 3-28-16
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12
DFW 40-2009, f. & cert. ef. 4-27-09
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 71-1984, f. & ef. 10-12-84

Or. Admin. R. 635-008-0124 Lostine Wildlife Area (Wallowa County)

The Lostine Wildlife Area is open to wildlife-oriented public use unless otherwise excluded or restricted by the following rules:

(1) Camping is prohibited.

(2) Domestic sheep and goats are prohibited.

(3) Discharging firearms is prohibited except while hunting as authorized during game bird and game mammal seasons.

(4) Open fires are prohibited.

(5) The wildlife area is closed to the public between 10 pm and 4 am.

(6) ATV and snowmobile use is prohibited on all area lands except for administrative use.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 58-2021, amend filed 05/06/2021, effective 05/06/2021
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 153-2018, amend filed 09/28/2018, effective 09/28/2018
DFW 117-2014, f. & cert. ef. 8-7-14

Or. Admin. R. 635-008-0126 Minam River Wildlife Area (Union/Wallowa Counties)

The Minam RiverWildlife Area is open to wildlife-oriented public use compatible with the goals and objectives in the 2026 Minam River Wildlife Area Management Plan unless otherwise excluded or restricted by the following rules:

(1) Discharging of firearms is prohibited except while hunting during authorized game bird and game mammal seasons.

(2) Camping is prohibited except at Wildlife Flat for Minam River Trail access, which shall not exceed 48 hrs, and at 2-Mile Flat on Big Canyon Rd, which is allowed April 1 through December 31 and shall not exceed 14 days during any 30-day period.

(3) Open fires are prohibited except at campsites. All open fires are prohibited on all lands during designated fire closures.

(4) The wildlife area lands are closed to public entry from January 1 through March 31. Exception: Year-round public access is permitted on the Minam River Trail and associated parking area along highway 82.

(5) ATV and snowmobile use is prohibited on all area lands except for administrative use.

(6) ODFW Wildlife Area Parking Permit is required. Vehicle parking at Wildlife Flat for Minam River Trail access shall not exceed 14 days during any 30-day period.

(7) Domestic sheep and goats are prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 22-2026, amend filed 03/24/2026, effective 03/24/2026
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 174-2021, temporary amend filed 12/01/2021, effective 12/01/2021 through 05/29/2022
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 117-2014, f. & cert. ef. 8-7-14

Or. Admin. R. 635-008-0127 North Umpqua River, Winchester Ramp (Douglas County)

In addition to the provisions of OAR 635-008-0200, it is unlawful to launch or retrieve any power boat from North Umpqua River Ramp area, located approximately one mile upstream from Winchester Dam on the south side of the river at T26S R5W Sec 30.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 117-2014, f. & cert. ef. 8-7-14
FWC 23-1984, f. & ef. 5-22-84

Or. Admin. R. 635-008-0130 Power City Wildlife Area (Umatilla County)

The Power City Wildlife Area is open to wildlife-oriented public use compatible with the goals and objectives contained in the 2008 (updated 2022) Columbia Basin Wildlife Area Management Plan unless otherwise excluded or restricted by the following rules:

(1) Camping or overnight stay is prohibited.

(2) Open fires are prohibited.

(3) Discharging firearms other than shotguns is prohibited.

(4) Discharging a shotgun is prohibited except as authorized during game bird and game mammal seasons.

(5) No person shall possess or use any shot other than federally-approved nontoxic shot at any time, except for big game hunters using buckshot or slugs.

(6) The wildlife area is closed to the public between 10 pm and 4 am except in designated parking areas.

(7) Leaving decoys set out overnight (10 pm through 4 am) is prohibited.

(8) Placing waterfowl hunting site closer than 200 yards apart is prohibited.

(9) ODFW Wildlife Area Parking Permit required.

(10) Trapping is prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 103-2020, amend filed 08/13/2020, effective 08/13/2020
DFW 60-2020, temporary amend filed 05/19/2020, effective 05/19/2020 through 10/06/2020
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 151-2014, f. & cert. ef. 10-17-14
GC 64, f. 4-3-57; GC 232, f. 8-13-70, ef. 9-11-70; GC 252, f. 5-11-72, ef. 6-1-72, Renumbered from 630-010-0500, Renumbered from 635-015-0005; FWC 63-1980, f. & ef. 11-4-80; FWC 2-1981(Temp), f. & ef. 1-20-81; FWC 30-1982, f. & ef. 5-18-82, Renumbered from 635-008-0005(13); FWC 53-1994, f. & cert. ef. 8-25-94; DFW 91-2005, f. & cert. ef. 8-19-05; DFW 137-2008, f. & cert. ef. 10-27-08; DFW 108-2011, f. & cert. ef. 8-5-11; DFW 117-2014, f. & cert. ef. 8-7-14

Or. Admin. R. 635-008-0135 Prineville Reservoir Wildlife Area (Crook County)

The Prineville Reservoir Wildlife Area is open to wildlife-oriented public use unless otherwise excluded or restricted by the following rules:

(1) The area is closed to motorized vehicle access from November 15 or December 1 (as posted at each gate) through April 15 annually for resource protection.

(2) Motorized vehicle travel is only allowed on open roads or parking areas.

(3) Discharging firearms is prohibited except as authorized during game bird and game mammal seasons.

(4) Camping is prohibited except in designated areas.

(5) Campfires or open burning is prohibited except in designated campsites.

(6) Open fires are prohibited during designated fire closures.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & cert. ef. 5-18-82, Renumbered from 635-008-0005(14)
FWC 2-1981(Temp), f. & cert. ef. 1-20-81
FWC 63-1980, f. & ef. 11-4-80
GC 252-1972, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0140 Riverside Wildlife Area (Harney/Malhuer Counties)

The Riverside Wildlife Area is open to wildlife-oriented public use compatible with the goals and objectives contained in the 2009 (updated 2019) Riverside Wildlife Area Management Plan unless otherwise excluded or restricted by the following rules:

(1) Camping is prohibited.

(2) Open fires are prohibited.

(3) Motorized vehicle travel is only allowed on open roads or parking areas.

(4) Domestic sheep and goats are prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.992
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.992
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 163-2021, amend filed 10/13/2021, effective 10/13/2021
DFW 103-2020, amend filed 08/13/2020, effective 08/13/2020
DFW 60-2020, temporary amend filed 05/19/2020, effective 05/19/2020 through 10/06/2020
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 40-2009, f. & cert. ef. 4-27-09
DFW 91-2005, f. & cert. ef. 8-19-05
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & cert. ef. 5-18-82, Renumbered from 635-008-0005(15)
FWC 2-1981(Temp), f. & cert. ef. 1-20-81
FWC 63-1980, f. & cert. ef. 11-4-80
GC 252-1972, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0145 St. Louis Ponds (Marion County)

(1) St. Louis Ponds is that area of posted Department lands located in Sections 21, 22, 27, and 28, Township 5 South, Range 2 West of the Willamette Meridian in Marion County and containing 222 acres more or less.

(2) In the area described in section (1) of this rule it is unlawful to:

(a) Access the area for any purpose between 9 pm and 6 am from April 1 through September 30, or between 7 pm and 6 am from October 1 through March 31.

(b) Use any floating craft on any pond;

(d) Build open fires;

(e) Discharge rifles and pistols;

(f) Discharge shotguns except during open seasons between the beginning of pheasant season and the end of waterfowl season, or during dog trials authorized by Department permit;

(g) Operate motor vehicles off established roads;

(h) Violate the terms of any permit issued by the Department.

(3) No person shall possess or use any shot other than federally-approved nontoxic shot at any time.

(4) Trapping is prohibited.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 496.012
Statutes/Other Implemented: ORS 496.138, 496.146 & 496.012
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 163-2021, amend filed 10/13/2021, effective 10/13/2021
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 108-2011, f. & cert. ef. 8-5-11
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 5-2009, f. & cert. ef. 1-15-08
FWC 3-1994, f. 1-25-94, cert. ef. 1-26-94
FWC 14-1983, f. & ef. 4-4-83
FWC 21-1980, f. & ef. 4-25-80, Renumbered from 635-008-0012

Or. Admin. R. 635-008-0146 Sauvie Island Wildlife Area Management Plan

(1) It is the policy of the Fish and Wildlife Commission that the Sauvie Island Wildlife Area be managed to provide suitable habitat for waterfowl. It is also the policy of the Commission to manage the wildlife area consistent with the statutory obligation of the Department to acquire and manage land for the purpose of providing: wildlife management, wildlife-oriented recreation and public hunting areas (ORS 496.146).

(2) In furtherance of this policy, management goals and objectives for the Sauvie Island Wildlife Area, are found in the 2012 Sauvie Island Wildlife Area Management Plan.

(3) Five-Year Review: The Sauvie Island Wildlife Area Management Plan will be reviewed by the Department every five years and updated every 10 years.

(4) The Sauvie Island Wildlife Area Beach Use Plan dated September 22, 1993 is amended at A. Beach Boundaries and Buffers, 2.2 Collins Beach Buffer North to provide that the buffer extends from private property south 1400 feet and from the ordinary high water line inland to the Reeder Road right-of-way, that public use in the buffer is excluded Memorial Day Weekend through Labor Day annually and that the buffer will be developed for wildlife habitat benefits by plantings of cottonwoods and shrubs.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 42-2012, f. & cert. ef. 4-24-12
DFW 104-2001, f. & cert. ef. 10-23-01
DFW 41-2001(Temp), f. & cert. ef. 5-25-01 thru 11-21-01
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 8-1993, f. & cert. ef. 2-8-93
FWC 12-1990, f. & cert. ef. 2-2-90, Renumbered from 635-008-0150
FWC 30-1982, f. & ef. 5-18-82, Renumbered from 635-008-0005(16)
FWC 2-1981(Temp), f. & ef. 1-20-81
FWC 63-1980, f. & cert. ef. 11-4-80
GC 252-1972, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0147 Rules Regarding Public Use for Sauvie Island Wildlife Area

The Sauvie Island Wildlife Area is open to wildlife-oriented public use compatible with the goals and objectives contained in the 2012 Sauvie Island Wildlife Area Management Plan unless otherwise excluded or restricted by the following rules:

(1) Hunting is prohibited except by daily hunt permit. The permit must be possessed at all times by users and must be completed and returned at the end of the day.

(2) Discharging firearms is prohibited except for shotguns on designated Dog Training Areas, Trapshooting Areas, or as authorized during game bird and game mammal season.

(3) The wildlife area is closed to the public between 10 pm and 4 am.

(4) Camping is prohibited.

(5) All dogs must be on leash, except:

(a) While accompanied by a licensed hunter when being used to hunt during authorized seasons on Sauvie Island Wildlife Area, including while going to or coming from hunting locations, or;

(b) Pursuant to a valid “Competitive Hunting Dog Trial Permit” or “Sauvie Island Wildlife Area Individual Dog Training Permit.”

(6) Domestically-raised game birds may only be released, pursued or taken pursuant to:

(a) A valid “Competitive Hunting Dog Trial Permit” or;

(b) A valid “Game Bird Release Permit for Hunting Dog and Raptor Training” and a “Sauvie Island Wildlife Area Individual Dog Training Permit” or;

(7) Open fires are prohibited.

(8) Any vehicle found parked or unattended on the Wildlife Area between the hours of 10 pm and 4 am, or obstructing public access, may be towed at the expense of the registered owner or owners.

(9) No person shall possess or use lead shot at any time.

(10) Horses and bicycles are restricted to roads open to vehicles.

(11) Portions of Sauvie Island Wildlife Area are closed to all entry except by hunting permit during authorized waterfowl hunting seasons.

(12) Portions of Sauvie Island Wildlife Area will be closed from the end of waterfowl hunting season through April 30 each year.

(13) The use of air guns, BB guns and paintball guns is prohibited.

(14) Operation of boats in Sturgeon Lake Refuge is prohibited from Oct. 1 to April 15. Operating boats over 5 mi per hour is prohibited on all area lakes. Sturgeon Lake Refuge is closed to all hunting year-round.

(15) Closed to hunting of furbearers, predators, unprotected and protected wildlife (except black-tailed deer, rabbit, crow, Eurasian collared-dove and game birds).

(16) Trapping is prohibited.

(17) ODFW Wildlife Area Parking Permit is required except for Walton, Collins, and the North Unit beaches parking areas on weekends and state-recognized holidays from June 15th through Labor Day (see 18).

(18) ODFW Sauvie Island Beaches Parking Permit is required to park at Walton, Collins, and North Unit beaches parking areas on weekends and state-recognized holidays from June 15th through Labor Day.

(19) No person shall possess or use alcoholic beverages or consumable products containing alcohol from May 1 through September 30 on the Wildlife Area except ODFW employees, family members and guests of the employee may possess and use alcohol on agency owned residential property leased by the employee.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 34-2026, amend filed 04/30/2026, effective 04/30/2026
DFW 49-2025, temporary amend filed 06/26/2025, effective 06/26/2025 through 09/01/2025
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 31-2018, amend filed 03/19/2018, effective 03/19/2018
DFW 41-2016, f. & cert. ef. 4-27-16
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 42-2012, f. & cert. ef. 4-24-12
DFW 93-2009, f. & cert. ef. 8-12-09
DFW 32-2009(Temp), f. & cert. ef. 3-30-09 thru 8-10-09
DFW 26-2009(Temp), f. & cert. ef. 3-11-09 thru 8-10-09
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 8-1993, f. & cert. ef. 2-8-93
FWC 12-1990, f. & cert. ef. 2-2-90, Renumbered from 635-008-0150
FWC 30-1982, f. & cert. ef. 5-18-82, Renumbered from 635-008-0005(16)
FWC 2-1981(Temp), f. & cert. ef. 1-20-81
FWC 63-1980, f. & cert. ef. 11-4-80
GC 252-1972, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0153 Phillip W. Schneider Wildlife Area (Grant County)

The Phillip W. Schneider Wildlife Area is open to wildlife-oriented public use compatible with the goals and objectives contained in the 2006 (updated 2017) Phillip W. Schneider Wildlife Area Management Plan unless otherwise excluded or restricted by the following rules:

(1) Motorized vehicle travel is only allowed on open roads or parking areas and up to 300 feet off open roads for the purpose of moving to and from campsites. Some roads are closed seasonally from December 1 through April 14.

(2) Camping along the South Fork John Day road is open yearlong. On the remainder of the wildlife area camping is prohibited except during the period April 15 through November 30. Camping shall not exceed a total of 14 days during any 30-day period.

(3) Campfires or open burning is prohibited except at campsites. Open fires are prohibited during designated fire closures.

(4) The area is closed to entry during the period of February 1 through April 14, including BLM land within the exterior boundaries of the Wildlife Area.

(5) ODFW Wildlife Area Parking Permit required.

(6) Domestic sheep and goats are prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 24-2025, temporary amend filed 04/02/2025, effective 04/02/2025 through 05/02/2025
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 163-2021, amend filed 10/13/2021, effective 10/13/2021
DFW 137-2019, amend filed 09/20/2019, effective 09/20/2019
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 153-2018, amend filed 09/28/2018, effective 09/28/2018
DFW 107-2017(Temp), f. 8-8-17, cert. ef. 8-16-17 thru 8-25-17
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 118-2006, f. & cert. ef. 10-16-06
DFW 30-2000, f. & cert., ef. 6-14-00, Renumbered from 635-008-0125
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & ef. 5-18-82, Renumbered from 635-008-0005(12)
FWC 2-1981(Temp), f. & ef. 1-20-81
FWC 63-1980, f. & cert. ef. 11-4-80
GC 252, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0154 Smith River, Lower Take Out (Douglas County)

In addition to the provisions of OAR 635-008-0200, it is unlawful to launch boats from Smith River Lower Take Out area, located approximately seven road miles upstream from the mouth of North Fork Smith River on the north side of Smith River at T20S R10W Sec 35.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 30-2000, f. & cert., ef. 6-14-00, Renumbered from 635-008-0152
FWC 23-1984, f. & cert. ef. 5-22-84

Or. Admin. R. 635-008-0155 Summer Lake Wildlife Area (Lake County)

The Summer Lake Wildlife Area is open to wildlife-oriented public use compatible with the goals and objectives contained in the 2007 (updated 2021) Summer Lake Wildlife Area Management Plan unless otherwise excluded or restricted by the following rules:

(1) Posted Refuges are closed to all entry during any waterfowl hunting season authorized at the Wildlife Area and during the seven days prior to opening day of the Zone 2 duck season, except to retrieve lawfully taken wildlife. Motor vehicle access along the Wildlife Viewing Loop, which goes through a posted refuge, is permitted except during any waterfowl season authorized at the wildlife area and during the seven days prior to opening day of the Zone 2 duck season.

(2) Entering any portion of the Wildlife Area south of Thousand Springs Lane (Lake County Road 4-17), except the Foster Place unit and open roads and campgrounds, seven days prior to Zone 2 waterfowl season (see game bird regulations for specific dates) is prohibited.

(3) Discharging firearms is prohibited except as authorized during game bird and game mammal hunting seasons, between September 1 and January 31 and during the Veterans and Active Military Personnel Waterfowl hunt.

(4) Discharging firearms into and hunting in posted refuges, campgrounds and safety zones is prohibited.

(5) Centerfire rifles and handguns are prohibited for game mammal hunting except on that portion of the wildlife area west of Hwy. 31.

(6) No person shall hunt game mammals with a firearm east of Hwy. 31 during any pheasant, quail or waterfowl hunting seasons open on the wildlife area.

(7) No person shall possess or use any shot other than federally-approved nontoxic shot at any time, except for big game hunters using buckshot or slugs.

(8) No person shall leave decoys set out overnight (8 pm to 4 am).

(9) All hunters must obtain a daily hunt permit (available at Headquarters 1.3 miles south of the town of Summer Lake) which must be possessed at all times by users. Daily permits for 2 consecutive days are allowed. Check-out at the end of the day or following 2 consecutive days is required.

(10) Trapping is prohibited.

(11) Motorized vehicle travel is only allowed on open roads, campgrounds or parking areas.

(12) Bullgate and Windbreak dikes and the Work Road are closed to motor vehicles from March 15 to August 15, during any waterfowl season authorized at the Wildlife Area, during the three days prior to any youth waterfowl hunting days and during the seven days prior to opening day of the Zone 2 duck season.

(13) Operating boats with gas-powered motors is prohibited.

(14) Camping or leaving vehicles unattended is prohibited except on areas designated for that use, and shall not exceed a total of 14 days during any 30 day period,

(15) ODFW Wildlife Area Parking Permit required.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 31-2026, amend filed 04/27/2026, effective 04/27/2026
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 133-2020, amend filed 09/29/2020, effective 09/29/2020
DFW 103-2020, amend filed 08/13/2020, effective 08/13/2020
DFW 60-2020, temporary amend filed 05/19/2020, effective 05/19/2020 through 10/06/2020
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 41-2016, f. & cert. ef. 4-27-16
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12
DFW 108-2011, f. & cert. ef. 8-5-11
DFW 117 2010, f. & cert. ef. 8-13-10
DFW 93-2009, f. & cert. ef. 8-12-09
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & cert. ef. 5-18-82, Renumbered from 635-008-0005(17)
FWC 2-1981(Temp), f. & cert. ef. 1-20-81
FWC 63-1980, f. & ef. 11-4-80
GC 252, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0163 Tami Wagner Wildlife Area (Lincoln County)

The Tami Wagner Wildlife Area is open for wildlife-oriented public use unless otherwise excluded or restricted by the following rules:

(1) Discharging firearms is prohibited except as authorized during game bird and game mammal seasons.

(2) Camping is prohibited.

(3) Unauthorized motor vehicle use is prohibited.

(4) Trapping is prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 108-2011, f. & cert. ef. 8-5-11
DFW 68-2011, f. 6-15-11, cert. ef. 7-1-11

Or. Admin. R. 635-008-0164 Wallowa Wildlife Area (Wallowa County)

The Wallowa Wildlife Area is open to wildlife-oriented public use unless otherwise excluded or restricted by the following rules:

(1) Discharging of firearms is prohibited except during authorized game bird and game mammal seasons.

(2) Camping is prohibited.

(3) Open fires are prohibited.

(4) The wildlife area is closed to the public between 10 pm and 4 am.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 117-2014, f. & cert. ef. 8-7-14

Or. Admin. R. 635-008-0165 Warm Springs Wildlife Area (Jefferson County)

The Warm Springs Wildlife Area is open to wildlife-oriented public use unless otherwise excluded or restricted by the following rules:

(1) Camping is prohibited.

(2) Discharging firearms is prohibited west of Hwy 26.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 117-2014, f. & cert. ef. 8-7-14
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & cert. ef. 5-18-82, Renumbered from 635-008-0005(19)
FWC 2-1981(Temp), f. & cert. ef. 1-20-81
FWC 63-1980, f. & cert. ef. 11-4-80
GC 252-1972, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0170 Wenaha Wildlife Area (Wallowa County)

The Wenaha Wildlife Area is open to wildlife-oriented public use compatible with goals and objectives contained in the 2007 (updated 2017) Wenaha Wildlife Area Management Plan unless otherwise excluded or restricted by the following rules:

(1) The area is open to the public from April 1 through December 31. Exceptions: Year-round public access is permitted at designated camping areas, (headquarters and Griz Flat), on department land along the Wenaha River, and between the Grande Ronde river road and the Grande Ronde River from the Redmond grade bridge below Troy to the mouth of Wildcat Cr.

(2) Motorized vehicle travel is only allowed on open roads or parking areas and up to 300 feet off open roads for the purpose of moving to and from designated campsites.

(3) Camping is prohibited except in designated campsites and shall not exceed a total of 14 days during any 30-day period.

(4) Campfires or open burning is prohibited except at campsites. Open fires are prohibited during designated fire closures.

(5) Discharging of firearms is prohibited except while hunting during authorized game bird and game mammal seasons, or at the Griz Flat muzzleloader range in accordance with posted rules.

(6) Domestic sheep and goats are prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 138-2022, amend filed 09/30/2022, effective 09/30/2022
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 163-2021, amend filed 10/13/2021, effective 10/13/2021
DFW 70-2021, temporary amend filed 06/09/2021, effective 06/09/2021 through 10/31/2021
DFW 58-2021, amend filed 05/06/2021, effective 05/06/2021
DFW 137-2019, amend filed 09/20/2019, effective 09/20/2019
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 153-2018, amend filed 09/28/2018, effective 09/28/2018
DFW 144-2016, f. & cert. ef. 11-17-16
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 27-2007, f. & cert. ef. 4-19-07
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & cert. ef. 5-18-82, Renumbered from 635-008-0005(20)
FWC 2-1981(Temp), f. & cert. ef. 1-20-81
FWC 63-1980, f. & ef. 11-4-80
GC 252-1972, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0175 White River Wildlife Area (Wasco County)

The White River Wildlife Area is open to wildlife-oriented public use compatible with the goals and objectives contained in the 2007 (updated 2018) White River Wildlife Area Management Plan unless otherwise excluded or restricted by the following rules:

(1) The Wildlife Area lands north of Forest Road 27 are closed to the public from December 1 through March 31.

(2) Motorized vehicle travel is only allowed on open roads, designated campsite or parking areas. No cross country travel or off road motor vehicle use is allowed, except for administrative use.

(3) ATV/OHV and snowmobile uses are prohibited on all area lands except for administrative use.

(4) Camping is prohibited except in designated campsites and shall not exceed a total of 14 days during any 30 day period.

(5) Campfires and open burning are prohibited except at designated campsites. Open fires are prohibited during designated fire closures.

(6) ODFW Wildlife Area Parking Permit required.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 137-2019, amend filed 09/20/2019, effective 09/20/2019
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 144-2016, f. & cert. ef. 11-17-16
GC 64, f. 4-3-57; GC 232, f. 8-13-70, ef. 9-11-70; GC 252, f. 5-11-72, ef. 6-1-72, Renumbered from 630-010-0500, Renumbered from 635-015-0005; FWC 63-1980, f. & ef. 11-4-80; FWC 2-1981(Temp), f. & ef. 1-20-81; FWC 30-1982, f. & ef. 5-18-82, Renumbered from 635-008-0005(21); FWC 53-1994, f. & cert. ef. 8-25-94; DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08; DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13; DFW 117-2014, f. & cert. ef. 8-7-14; DFW 151-2014, f. & cert. ef. 10-17-14

Or. Admin. R. 635-008-0185 Willow Creek Wildlife Area (Morrow County)

The Willow Creek Wildlife Area is open to wildlife-oriented public use compatible with the goals and objectives contained in the 2008 (updated 2022) Columbia Basin Wildlife Area Management Plan unless otherwise excluded or restricted by the following rules:

(1) Camping or overnight stay is prohibited.

(2) Open fires are prohibited.

(3) Discharging firearms is prohibited except as authorized during game bird, game mammal, furbearer seasons or for the hunting of nongame non protected wildlife.

(4) No person shall possess or use any shot other than federally-approved nontoxic shot at any time, except for big game hunters using buckshot or slugs.

(5) The wildlife area is closed to the public between 10 pm and 4 am except in designated parking areas.

(6) No person shall leave decoys set out overnight (10 pm through 4 am).

(7) Placing waterfowl hunting site closer than 200 yards apart is prohibited.

(8) ODFW Wildlife Area Parking Permit required.

(9) Trapping is prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 108-2011, f. & cert. ef. 8-5-11
DFW 137-2008, f. & cert. ef. 10-27-08
DFW 91-2005, f. & cert. ef. 8-19-05
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & cert. ef. 5-18-82, Renumbered from 635-008-0005(23)
FWC 2-1981(Temp), f. & cert. ef. 1-20-81
FWC 63-1980, f. & cert. ef. 11-4-80
GC 252-1972, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert .ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0190 E.E. Wilson Wildlife Area (Benton/Polk Counties)

The E. E. Wilson Wildlife Area is open to wildlife-oriented public use compatible with the goals and objectives contained in the 2008 (updated 2019) E. E. Wilson Wildlife Area Management Plan unless otherwise excluded or restricted by the following rules:

(1) Fishing is prohibited except as authorized during fishing seasons.

(2) All hunting is prohibited March 1 through July 31 except for participants of a department organized program with an access permit.

(3) Hunting is prohibited August 1 through end of February except:

(a) As authorized during game bird and big game seasons;

(b) The hunting of unprotected mammals and birds is permitted;

(d) Hunting for rabbits is permitted from November 1 through the end ofFebruary.

(4) Free daily hunting permits are required, must be possessed at all times by users and must be completed and returned at the end of the day.

(5) Discharging of firearms prohibited except while hunting during authorized game bird and game mammal seasons, or at the trap shooting area in accordance with posted rules.

(6) Hunting with or discharging rifles, handguns, crossbows, air guns and paintball guns is prohibited.

(7) Big game hunting is closed when youth pheasant hunts are in progress.

(8) The Adair Tract is closed to hunting except for falconry in accordance with the annual Game Bird regulations.

(9) All game bird hunters must have a valid Fee Pheasant permit on their person during the dates of the E. E. Wilson Wildlife Area Western Oregon Fee Pheasant Hunt. Consult annual Game Bird Hunting Regulations for time and date restrictions and hunting requirements.

(10) No person shall possess or use any shot other than federally-approved nontoxic shot at any time, except for big game hunters using buckshot or slugs.

(11) During the dates of the E. E. Wilson Wildlife Area Western Oregon Fee Pheasant Hunt, all hunting ends at 5pm.

(12) In addition to the exceptions in 635-008-0050(12)(a), (b), and (c): dogs may be off leash while accompanied by a licensed hunter when being used to hunt rabbits during authorized rabbit seasons on E.E.Wilson Wildlife Area, including while going to or coming from hunting locations.

(13) Camping is prohibited.

(14) Horses and other domestic livestock use are restricted to established roads only.

(15) The wildlife area is closed to the public between 10 pm and 4 am.

(16) Motorized vehicle travel is only allowed on open roads or parking areas.

(17) All participants using the trap range or archery range must adhere to the posted rules and guidelines.

(18) Open fires are prohibited.

(19) ODFW Wildlife Area Parking Permit required.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 37-2023, amend filed 05/01/2023, effective 05/01/2023
DFW 26-2023, temporary amend filed 03/31/2023, effective 03/31/2023 through 06/30/2023
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 58-2021, amend filed 05/06/2021, effective 05/06/2021
DFW 137-2019, amend filed 09/20/2019, effective 09/20/2019
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 41-2016, f. & cert. ef. 4-27-16
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 117-2014, f. & cert. ef. 8-7-14
DFW 108-2011, f. & cert. ef. 8-5-11
DFW 137-2008, f. & cert. ef. 10-27-08
DFW 91-2005, f. & cert. ef. 8-19-05
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & cert. ef. 5-18-82, Renumbered from 635-008-0005(24)
FWC 2-1981(Temp), f. & ef. 1-20-81
FWC 63-1980, f. & cert. ef. 11-4-80
GC 252-1972, f. 5-11-72, cert. ef. 6-1-72, Renumbered from 630-010-0500, 635-015-0005
GC 232-1970, f. 8-13-70, cert. ef. 9-11-70
GC 64-1957, f. & cert. ef. 4-3-57

Or. Admin. R. 635-008-0195 Winchester Viewing Chamber: Douglas County

It is unlawful to trespass on the following Department property between the hours of 10p.m. and 4a.m.: Winchester viewing access, the viewing chamber and the fishway, all located at Winchester Dam on the North Umpqua River.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
FWC 22-1982, f. 3-30-82, ef. 4-1-82, Renumbered from 635-008-0014

Or. Admin. R. 635-008-0197 Woodburn Ponds (Marion County)

In addition to the provisions in OAR 635-008-0200, it is unlawful at Woodburn Ponds to:

(1) Discharge any firearm.

(2) Operate any motor-propelled craft, except craft propelled by electric motors.

(3) Use the area for any purpose between one hour after sunset and one hour before sunrise.

(4) Trapping is prohibited.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 496.012
Statutes/Other Implemented: ORS 496.138, 496.146 & 496.012
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 117-2014, f. & cert. ef. 8-7-14
FWC 3-1994, f. 1-25-94, cert. ef. 1-26-94
FWC 14-1983, f. & ef. 4-4-83

Or. Admin. R. 635-008-0200 Other Department Owned, Managed or Controlled Areas

On other Department owned, managed or controlled areas which are not listed within these rules and are primarily available to the public for the purpose of angling or boat access, the following restrictions, in addition to 635-008-0050, also apply:

(1) Discharging rifles and pistols is prohibited.

(2) Camping is prohibited.

(3) These areas are closed to the public between 10 pm and 4 am unless otherwise posted.

(4) Open fires are prohibited from June 1 through October 31 except in designated areas. Open fires are prohibited during designated fire closures.

(5) Trapping is prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 117-2014, f. & cert. ef. 8-7-14
FWC 53-1994, f. & cert. ef. 8-25-94
FWC 30-1982, f. & ef. 5-18-82

Or. Admin. R. 635-008-0211 Public Access to Department Hatcheries

(1) In addition to the provisions of OAR 635-008-0200, the following restrictions to public use of Department hatcheries apply:

(a) Public access to Department hatchery property is prohibited between the hours of 10:00 p.m. and 4:00 a.m. daily;

(b) Open fires are prohibited;

(d) Dogs must be on leash while inside the main hatchery grounds.

(2)(a) The restrictions described in section (1) above also apply to the following Department property:

(b) Cedar Creek Access, adjacent to Sandy Hatchery and located on the Sandy River near the confluence with Cedar Creek (at T2S, R4E, Sec 12).

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 115-2010, f. & cert. ef. 8-10-10

Division 9 SALMON AND TROUT ENHANCEMENT PROGRAM AND RIPARIAN LANDS TAX INCENTIVE PROGRAM

Or. Admin. R. 635-009-0055 Determination of Outdoor Clubs 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.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
FWC 41-1978, f. & ef. 8-29-78, Renumbered from 635-007-0500

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
Reverted to FWC 4-1981, f. & ef. 1-21-81
FWC 23-1988(Temp), f. & cert. ef. 3-29-88
FWC 4-1981, f. & ef. 1-21-81

Or. Admin. R. 635-009-0090 Salmon and Trout Enhancement Program

These Rules guide the Department’s administration, including project evaluation and approval, of the Salmon and Trout Enhancement Program (STEP) as authorized under the provisions of ORS 496.430, et seq. These rules also govern the STEP Advisory Committee’s membership and meeting frequency.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.430 et seq.
DFW 97-2023, amend filed 09/19/2023, effective 09/19/2023
FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88

Or. Admin. R. 635-009-0095 Salmon and Trout Enhancement Program Definitions

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

(1) Definitions listed in ORS 496.430 and 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) “Committee” means the Salmon and Trout Enhancement Program Advisory Committee.

(4) “Egg Incubation Project” means project in which eggs are contained and hatched and resultant fry are released unfed.

(5) “Enhancement” means resource conservation, utilization and educational activities that contribute to the recovery and sustainability of native fish.

(6) “Enhancement Project” is any project authorized by the Department in accordance with these rules.

(7) “Fish Propagation” means to rear fish for release (includes egg incubation).

(8) “Mark” means a distinctive identification such as a removed fin or characteristic scale pattern, or both; a coded-wire tag imbedded in the fish in addition to a removed adipose fin; or some other methods approved by the Department for the purpose of identifying the origin of the fish.

(9) “Stocking” means to release hatchery-produced fish into state waters.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.430 & ORS 537.142
DFW 97-2023, amend filed 09/19/2023, effective 09/19/2023
FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88

Or. Admin. R. 635-009-0096 Salmon and Trout Enhancement Program Advisory Committee; Membership

(1) The Salmon and Trout Enhancement Program Advisory Committee consists of nine members appointed by the Governor through the Executive Appointments Administration application process.

(a) All citizens are welcome and encouraged to serve.

(b) In recommending the committee appointments, the Department may consider the following:

(A) Ensuring that the Committee’s membership reflects the demographic and geographic diversity of Oregon;

(B) Members with experience working with volunteers, community service organizations, or involvement in natural resource or angling education; and

(C) Including those engaging youth, underserved communities and diverse audiences, such as communities of color, tribes, and low-income communities.

(c) The term of office of a member of the Committee is four years, and a member is eligible for reappointment and may serve up to two consecutive full terms.

(d) Members shall:

(A) Be an Oregon resident;

(B) Have knowledge of STEP activities, work conducted by STEP biologists, volunteers, and partner organizations;

(D) Complete required trainings and adhere to the Department’s Volunteer Code of Conduct;

(E) Represent the regional and statewide interests of the program and volunteers; and

(F) Investigate topics of importance to STEP and develop recommendations.

(e) Members of the Committee will represent the following regions:

(A) North Coast;

(B) Mid-Coast;

(D) North Willamette Valley;

(E) Coos-Coquille-Tenmile;

(F) Umpqua;

(G) South Coast;

(H) Upper Rogue; and

(I) Eastern Oregon.

(2) The Committee shall select officers and may form sub-committees as necessary to carry out business of the Committee.

(3) A member of the Committee will not receive compensation from the Department for services as a member. A member may be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.460
DFW 97-2023, adopt filed 09/19/2023, effective 09/19/2023

Or. Admin. R. 635-009-0097 Committee Meetings

(1) Committee meetings are public meetings and must be conducted in compliance with requirements of the Oregon Public Meetings Law, ORS 192.610 et seq.

(2) The Committee will meet no less than twice each calendar year to carry out the business of the Committee.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.460 & ORS 192.610 – ORS 192.695
DFW 97-2023, adopt filed 09/19/2023, effective 09/19/2023

Or. Admin. R. 635-009-0100 Salmon and Trout Enhancement Program Policy and Goals

(1) It is the policy of the Fish and Wildlife Commission, in carrying out the provisions of ORS 496.430, et seq., that the STEP 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;

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

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.435, ORS 496.440 & ORS 496.445
DFW 97-2023, amend filed 09/19/2023, effective 09/19/2023
FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88
FWC 45-1981, f. & ef. 12-21-81

Or. Admin. R. 635-009-0105 Salmon and Trout Enhancement Program Community Advisors

As identified in ORS 496.445, the Department will assist citizen volunteers with implementation of STEP. A STEP coordinator and STEP biologist shall act as community advisors to:

(1) Provide technical assistance, education, and training to citizens responsible for implementation of enhancement projects;

(2) Cooperatively develop enhancement projects with citizen volunteers;

(3) Review projects to ensure compliance with applicable rules, plans, and policies;

(4) Coordinate the implementation of enhancement projects with the activities of the Department and other agencies;

(5) Provide educational and informational materials to promote public awareness and involvement in the STEP;

(6) Supervise the activities of citizens undertaking enhancement projects;

(7) Evaluate enhancement projects with the citizens responsible for project implementation;

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

(9) Provide educational and informational materials, and organize events, to increase the public’s understanding of Oregon’s aquatic resources and the environment.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.445
DFW 97-2023, amend filed 09/19/2023, effective 09/19/2023
FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88
FWC 45-1981, f. & ef. 12-21-81

Or. Admin. R. 635-009-0106 STEP Volunteers

(1) Citizens and groups assisting with implementation of STEP projects are subject to the Department’s policies governing volunteers.

(2) The Department will provide training as outlined in OAR 635-007-0506 and 635-007-0548.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.440 & ORS 496.445
DFW 97-2023, adopt filed 09/19/2023, effective 09/19/2023

Or. Admin. R. 635-009-0107 Propagation of Fish Through STEP

(1) The use of hatchery programs through STEP is important to provide citizen volunteer participation (ORS 496.440) and provide optimum fishery (ORS 506.109) and conservation benefits.

(2) All STEP hatchery-related projects and associated propagation of fish must comply with the Department’s Hatchery Management Policy OAR 635-007-0542 through 635-007-0548.

(3) All STEP propagation projects must be implemented consistent with:

(a) The Native Fish Conservation Policy outlined in OAR 635-007-0502 through 635-007-0509;

(b) The Fish Health Management Policy outlined in OAR 635-007-0965 through 635-007-0995; and

(4) For STEP propagation projects, all eggs, fish, and any portions thereof continue to be the property of the State of Oregon.

(a) It is unlawful to transport, hold, handle, possess, or release eggs or fish except as specifically authorized by the Department and when applicable a Fish Transport Permit in accordance with OAR 635-007-0600.

(b) All fish returning to a STEP propagation project must be handled and disposed of in accordance with OAR 635-007-0545(14).

(5) In the event of unforeseen shortages of eggs or fish, changes in facility availability or status, the Department may implement revisions to a STEP project as necessary. Any revision will be discussed with the STEP project sponsor to minimize impact to facility operations.

(6) The Department’s or Commission’s approval, as applicable, of a STEP project that includes the use of water will be considered “certified” pursuant to ORS 537.142.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.440, ORS 506.109 & ORS 537.142
DFW 97-2023, adopt filed 09/19/2023, effective 09/19/2023

Or. Admin. R. 635-009-0110 Salmon and Trout Enhancement Program Project Application

(1) The Department, any citizen, or group of citizens, may propose a project for implementation under STEP. Projects may include but are not limited to:

(a) Improvements to aquatic habitats to provide resilience for expected future conditions;

(b) Stocking or acclimation of Department-sponsored fish releases;

(d) Education and outreach to inform the public about salmon, trout, and their habitats and opportunities to get involved through STEP including educational classroom incubators in which no more than 500 eggs may be incubated as an educational tool (all release locations must be approved by the Department); and

(e) Propagation projects including harvest hatchery, conservation hatchery, egg incubation, and rearing, acclimation, and release of fish.

(2) Following consultation with a STEP Biologist, the proposed project application shall be submitted in writing on forms provided by the Department.

(3) Projects which are initiated and administered by the Department do not need to apply under this section unless the Department is seeking a water right exemption as identified in ORS 537.142 to support a project that will be implemented with the assistance of volunteers.

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

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.450 & ORS 537.142
DFW 97-2023, amend filed 09/19/2023, effective 09/19/2023
FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88
FWC 45-1981, f. & ef. 12-21-81

Or. Admin. R. 635-009-0115 Salmon and Trout Enhancement Program Project Approval

(1) The Department’s approval will be based on whether the project complies with Department policies, fish management goals and objectives, including, as applicable, the criteria identified in OAR 635-009-0107.

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

(3) Approval of projects shall be for a time period determined by the Department based on the type of project.

(4) Project proposals will be evaluated by the Department prior to approval to determine that:

(a) The proposal is consistent with relevant conservation plans developed under the Native Fish Conservation Policy (OAR 635-007-0502 through 635-007-0509);

(b) The proposal is based on sound biological principles and uses appropriate methods to accomplish the project objectives;

(c) Releases from a Fish Propagation project shall not exceed 100,000 fish of each species, unless authorized by the Commission or a Commission-adopted plan;

(d) The potential impact on all fish species, the environment, and contribution to the resource are acceptable;

(e) Prior to operation, all required federal, state, and local permits have been obtained;

(f) Prior to operation, any required fish screen, disease control mechanisms, and isolation facilities will be in place and operating;

(g) The fish and egg production meets criteria shown in previously-approved programs for release size, time, and mark rate, and disease control regulations will be met; and

(h) The applicant has sufficient resources available to ensure continued successful operation of the project and, when applicable, adequate husbandry of fish.

(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) The Department may choose to not issue project approval if:

(a) 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;

(b) For fish propagation projects, the Department finds the project or operation, as proposed by the applicant, is not consistent with relevant conservation plans developed under the Native Fish Conservation Policy;

(c) For habitat, monitoring, and education projects, the Department finds the project or operation, as proposed by the applicant, would tend to be harmful to existing fish populations in or below the project site;

(d) The Department finds the applicant violated any terms of any license, permit, or operational plan issued by the Department; or

(e) The Department finds the applicant has failed to comply with any relevant statute, rule, or reporting requirements.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.450
DFW 97-2023, amend filed 09/19/2023, effective 09/19/2023
FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88
FWC 45-1981, f. & ef. 12-21-81

Or. Admin. R. 635-009-0120 Salmon and Trout Enhancement Program Revocation or Amendment of Project Approval

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

(a) The project applicant engaged in or is undertaking an activity inconsistent with all provisions of approval, including those identified in OAR 635-009-0115;

(b) There has been a violation of any term or condition imposed on the project by the Department, including failure to cooperate or participate with the Department’s Volunteer Code of Conduct; or

(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.

(4) The Department may temporarily curtail or amend any aspect of the project to ensure compliance with project proposal or terms and conditions of the Department’s approval of the project. Prior to revocation:

(a) The Department will notify the Committee of the proposed revocation;

(b) The Committee may review and make a recommendation to the Department; and

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.450
DFW 97-2023, amend filed 09/19/2023, effective 09/19/2023
FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88
FWC 45-1981, f. & ef. 12-21-81

Or. Admin. R. 635-009-0200 Purpose

These rules guide the operation and project selection of the Fish Restoration and Enhancement Program as authorized under ORS 496.280 through 496.291.

History

Statutory/Other Authority: ORS 512
Statutes/Other Implemented: ORS 512
DFW 170-2019, amend filed 12/09/2019, effective 01/01/2020
FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89

Or. Admin. R. 635-009-0205 Definitions

The following definitions shall apply:

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

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

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

(4) “Director” means the Director of the Oregon Department of Fish and Wildlife.

(5)"Enhancement Project" includes:

(a) Angler Access;

(b) New fishways and screens;

(d) New hatchery equipment and technology;

(e) Public education;

(f) Aquatic inventories.

(6) "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.

(7) "Project" means restoration project or enhancement project that provides a benefit to the recreational fisheries or commercial fisheries.

(8) "Project Sponsor" means any public organization or private, nonprofit, organization applying for, or implementing a project.

(9)"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 (e.g. Tribes and U.S. Government), and public institutions of higher education.

(10) "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.

(11) "Restoration Project" includes:

(a) Modification of existing fishways and existing screens;

(b) Hatchery restoration;

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

(13) “Internal Review Team” means Department personnel providing assistance to the Board, including review and evaluation of proposed projects.

History

Statutory/Other Authority: ORS 512
Statutes/Other Implemented: ORS 512
DFW 170-2019, amend filed 12/09/2019, effective 01/01/2020
FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89

Or. Admin. R. 635-009-0210 Fish Restoration and Enhancement Board

(1) The Fish Restoration and Enhancement Board shall:

(a) Review and evaluate proposed projects;

(b) Consult with the internal review team;

(2) In recommending projects to the Commission, the Fish Restoration and Enhancement Board project shall:

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

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

(d) Recommend projects benefiting recreational fishing and the commercial fishing industry in the same proportion as revenues, including from other funding sources, as set forth in ORS 496.289(5);

(e) Recommend conditions for project approval, as appropriate; and

(f) Recommend funding a project in whole or in part, as appropriate;

(3) In making appointments to the Fish Restoration and Enhancement Board, the Commission shall consider recommendations from the State Fish and Wildlife Director. The Commission shall appoint one member to represent the public, three members to represent recreational fishing, and three members to represent the salmon industry. For the commercial salmon industry representatives, it is preferred that troll, gillnet, and fish processing interests each be represented except when the Department is unable to find a representative for any one of such interests. For recreational fishing representation a diversity of demographics, fishing interests, and geographic distribution is preferred.

History

Statutory/Other Authority: ORS 512
Statutes/Other Implemented: ORS 512
DFW 170-2019, amend filed 12/09/2019, effective 01/01/2020
FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89

Or. Admin. R. 635-009-0215 Regional Advisory Councils

Reserving number.

History

Statutory/Other Authority: ORS 512
Statutes/Other Implemented: ORS 512
DFW 170-2019, amend filed 12/09/2019, effective 01/01/2020
FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89

Or. Admin. R. 635-009-0220 Project Application

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

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

(3) Except as allowed by the Board, 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 commercial fisheries.

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

(6) Project proposals for STEP projects shall be accompanied by an approved STEP Project Proposal form or confirmation from the Department that it is an approved STEP activity.

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

History

Statutory/Other Authority: ORS 512
Statutes/Other Implemented: ORS 512
DFW 170-2019, amend filed 12/09/2019, effective 01/01/2020
FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89

Or. Admin. R. 635-009-0225 Evaluation of Projects Submitted for Funding

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

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

(a) Is inconsistent with the intent of ORS 496.280 through 496.291;

(b) Is contrary to sound biological principles;

(d) Is inconsistent with state land use planning goals and local acknowledged land use plans;

(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.

History

Statutory/Other Authority: ORS 512
Statutes/Other Implemented: ORS 512
DFW 170-2019, amend filed 12/09/2019, effective 01/01/2020
FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89

Or. Admin. R. 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) No project may commence without the Board's recommendation and prior approval by the Commission.

(3) The Commission may attach terms and conditions to project approval as it deems necessary to ensure the project meets the requirements of subsection (2) of OAR 635-009-0225 or other laws and regulations.

History

Statutory/Other Authority: ORS 512
Statutes/Other Implemented: ORS 512
DFW 170-2019, amend filed 12/09/2019, effective 01/01/2020
Reverted to 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
FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89

Or. Admin. R. 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

(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.

History

Statutory/Other Authority: ORS 512
Statutes/Other Implemented: ORS 512
DFW 170-2019, amend filed 12/09/2019, effective 01/01/2020
FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89

Or. Admin. R. 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. 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 prior to commencing 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) The project sponsor shall account for funds distributed by the Department, using project expense forms provided by the Department. 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) The project sponsor shall agree to complete the project as approved by the Commission and within the time frame specified on the Grant Agreement.

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

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

(8) The project sponsor shall allow Commission, Board members, or Department staff, access to the project to monitor and evaluate the project.

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

History

Statutory/Other Authority: ORS 512
Statutes/Other Implemented: ORS 512
DFW 170-2019, amend filed 12/09/2019, effective 01/01/2020
FWC 86-1989, f. 8-31-89, cert. ef. 9-1-89

Or. Admin. R. 635-009-0400 Cooperative Salmon Hatchery Program 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;

(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.

History

Statutory/Other Authority: ORS 496.138 & 506.119
Statutes/Other Implemented: ORS 496.146 & 506.124
FWC 15-1997, f. & cert. ef. 3-10-97

Or. Admin. R. 635-009-0405 Cooperative Salmon Hatchery Program Definitions

The following definitions shall apply to cooperative salmon hatchery projects:

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

(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;

(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.

History

Statutory/Other Authority: ORS 496.138 & 506.119
Statutes/Other Implemented: ORS 496.146 & 506.124
FWC 15-1997, f. & cert. ef. 3-10-97

Or. Admin. R. 635-009-0410 Cooperative Salmon Hatchery Program 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;

(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.

History

Statutory/Other Authority: ORS 496.138 & 506.119
Statutes/Other Implemented: ORS 496.146 & 506.124
FWC 15-1997, f. & cert. ef. 3-10-97

Or. Admin. R. 635-009-0415 Cooperative Salmon Hatchery Program 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.

History

Statutory/Other Authority: ORS 496.138 & 506.119
Statutes/Other Implemented: ORS 496.146 & 506.124
FWC 15-1997, f. & cert. ef. 3-10-97

Or. Admin. R. 635-009-0420 Cooperative Salmon Hatchery Program 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.

History

Statutory/Other Authority: ORS 496.138 & 506.119
Statutes/Other Implemented: ORS 496.146 & 506.124
FWC 15-1997, f. & cert. ef. 3-10-97

Or. Admin. R. 635-009-0425 Cooperative Salmon Hatchery Program 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 635-007-0830, and species and/or area management plans adopted by the commission;

(b) Compliance with OAR 635-040-0200 through 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.

History

Statutory/Other Authority: ORS 496.138 & 506.119
Statutes/Other Implemented: ORS 496.146 & 506.124
FWC 15-1997, f. & cert. ef. 3-10-97

Or. Admin. R. 635-009-0430 Cooperative Salmon Hatchery Program 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).

History

Statutory/Other Authority: ORS 496.138 & 506.119
Statutes/Other Implemented: ORS 496.146 & 506.124
FWC 15-1997, f. & cert. ef. 3-10-97

Or. Admin. R. 635-009-0435 Cooperative Salmon Hatchery Program — 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;

(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 635-007-0830, and species and/or area management plans adopted by the commission.

(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;

(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.

History

Statutory/Other Authority: ORS 496.138 & 506.119
Statutes/Other Implemented: ORS 496.146 & 506.124
FWC 15-1997, f. & cert. ef. 3-10-97

Or. Admin. R. 635-009-0440 Cooperative Salmon Hatchery Program — 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;

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

History

Statutory/Other Authority: ORS 496.138 & 506.119
Statutes/Other Implemented: ORS 496.146 & 506.124
FWC 15-1997, f. & cert. ef. 3-10-97

Or. Admin. R. 635-009-0445 Increases in Releases for Approved Cooperative Salmon Hatchery Program 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.

History

Statutory/Other Authority: ORS 496.138 & 506.119
Statutes/Other Implemented: ORS 496.146 & 506.124
FWC 15-1997, f. & cert. ef. 3-10-97

Or. Admin. R. 635-009-0450 Cooperative Salmon Hatchery Program 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;

(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.

History

Statutory/Other Authority: ORS 496.138 & 506.119
Statutes/Other Implemented: ORS 496.146 & 506.124
FWC 15-1997, f. & cert. ef. 3-10-97

Or. Admin. R. 635-009-0455 Cooperative Salmon Hatchery Program Ongoing Projects

(1) OAR 635-009-0420 through 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 635-009-0455).

History

Statutory/Other Authority: ORS 496.138 & 506.119
Statutes/Other Implemented: ORS 496.146 & 506.124
FWC 15-1997, f. & cert. ef. 3-10-97

Division 10 LICENSING - PROCEDURES FOR ESTABLISHING, OPERATING, DISCONTINUING AND SUSPENDING LICENSES AND AGENTS

Or. Admin. R. 635-010-0000 Purpose

(1) The purpose of these rules is to define and describe key elements of licensing for the Department of Fish and Wildlife.

(2) In addition to these rules, rules defining the process to determine license availability, controlled hunt processes, landowner, guide and special hunt processes, including associated license fees and process are contained in additional divisions of OAR 635.

(3) Proof of license, permit, stamp, tag or other document issued by the Department for recreational use is sufficient to establish compliance with the requirement to carry said documents and have in possession at the time of hunting or angling. Proof of license or other privilege issued by the Department can be either electronic or in hard copy for purposes of establishing compliance with the requirement to carry said documents and have them in possession at the time of hunting or angling. Any documents in possession, either electronic or in hard copy, must be accessible immediately upon request by department staff or law enforcement.

History

Statutory/Other Authority: ORS 496, ORS 497 & ORS 498
Statutes/Other Implemented: ORS 496, ORS 497 & ORS 498
DFW 61-2020, temporary amend filed 05/19/2020, effective 05/20/2020 through 10/06/2020
DFW 53-2020, temporary amend filed 05/04/2020, effective 05/05/2020 through 10/06/2020
DFW 42-2020, temporary amend filed 04/09/2020, effective 04/10/2020 through 10/06/2020
DFW 160-2018, adopt filed 10/18/2018, effective 01/01/2019

Or. Admin. R. 635-010-0004 Definitions

For the purpose of OAR 635 and its divisions as it relates to licensing, unless otherwise further defined in a specific division:

(1) “Attest” or “Attestation” means to declare or certify formally that listed conditions have been met, applicable documentation exists and is able to be furnished upon request.

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

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

(4) "Electronic Licensing System” (ELS) means the system utilized by the Department for the purpose of selling licenses, permits and related products. The ELS system is available at agent locations and directly to customers.

(5) “License” means the authorization to hunt or fish, which can be documented electronically or in hard copy. A license also authorizes harvest of some species, with other species requiring additional authorizations prior to harvest.

(6) "Licensing Document" means any license, tag, validation, permit, raffle ticket, application or contribution sold by the Oregon Department of Fish and Wildlife.

(7) "License Agent" means any individual, partnership or corporation approved by the Department for the sale of its documents.

(8) “ODFW ID Number” means the number assigned by the Department’s Electronic Licensing System to a Department customer.

(9) “Privilege” means a license, tag, permit or other authorization to hunt, fish or otherwise engage with wildlife that is issued by the Oregon Department of Fish and Wildlife for recreational use.

(10) “Uniformed Services” means Army, Navy, Air Force, Marine Corps and Coast Guard, or their reserve components; the National Guard or Oregon National Guard, commissioned corps of the National Oceanic and Atmospheric Administration, and the Public Health Service of the United States Department of Health and Human Services detailed with the Army or Navy.

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 117-2013, f. & cert. ef. 10-10-13
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91

Or. Admin. R. 635-010-0006 Eligibility; Application Requirements

Reserving Number

History

Statutory/Other Authority: ORS 496, 497 & 498
Statutes/Other Implemented: ORS 496, 497 & 498
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 30-2002, f. & cert. ef. 4-11-02
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 122-1992, f. & cert. ef. 11-23-92
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
FWC 32-1982, f. 5-24-82, ef. 6-1-82

Or. Admin. R. 635-010-0007 Computerized Licensing System Agents

Reserving Number

History

Statutory/Other Authority: ORS 497.022
Statutes/Other Implemented: ORS 497.022
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 117-2013, f. & cert. ef. 10-10-13
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
Reverted to DFW 33-2000, f. & cert. ef. 6-19-00
DFW 66-2002(Temp), f. & cert. ef. 6-28-02 thru 12-20-02
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 12-1994, f. & cert. ef. 3-1-94

Or. Admin. R. 635-010-0008 Electronic Licensing System

(1) The Oregon Department of Fish and Wildlife shall establish by rule system(s) for licensing, which shall serve as the system(s) of record. All hard (paper) copies of licenses or other privileges are considered courtesy copies. The system(s) shall include, at a minimum:

(a) The form and content of applications for licensing for each type of license and related privileges;

(b) Schedules and procedures for issuing licenses;

(d) Applicable fees and payment methods;

(e) The species authorized;

(f) The geographic area, if applicable;

(g) Information related to point or reward systems;

(h) Controlled hunt related information and draw functionality;

(i) Information related to commercial requirements, as applicable.

(2) All licensees and agents are responsible to maintain accurate information with the Department, including a current mailing address, street address and email address.

(3) The Department is not required by law to send notification or correspondence by regular mail to a licensee, license applicant or Agent and may send notification or correspondence to the provided email address. Failure by a licensee, applicant or Agent to receive notification or correspondence provided via email does not relieve the person or company of the responsibility to maintain a current and complete profile with the Department. The Department’s primary and preferred method of notification and correspondence is to the email address provided in the applicable profile.

(4) All agents must use the Department's computerized licensing system for issuing documents, except for issuing Prepaid Daily licenses and permits.

(5) All agents must issue documents according to the contract and instructions provided by the Department.

(6) For the purposes of this rule, the Department may determine agents having more than one location and owned by a single entity are one agent.

History

Statutory/Other Authority: ORS 496 & ORS 497
Statutes/Other Implemented: ORS 496 & ORS 497
DFW 160-2018, adopt filed 10/18/2018, effective 01/01/2019

Or. Admin. R. 635-010-0009 Document Pricing

Statutory document pricing and Agent fees are listed in ORS 497.022 and 497.061. Fees established by rule can be found in OAR 635-008, 635-043, 635-046, 635-047, 635-060, 635-067 and 635-090 as well in regulation publications.

History

Statutory/Other Authority: ORS 497.022 & ORS 497.061
Statutes/Other Implemented: ORS 497.022 & ORS 497.061
DFW 160-2018, adopt filed 10/18/2018, effective 01/01/2019

Or. Admin. R. 635-010-0010 Types of Documents Sold by Agent

Reserving Number

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 33-2000, f. & cert. ef. 6-19-00
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0016

Or. Admin. R. 635-010-0012 Service Fees

(1) The Department and its agents or contractors may charge a $2.00 fee for the reprinting of hard copy hunting and angling tags as well as for the mailing of hunt unit maps ordered through the electronic licensing system.

(2) The Department may charge shipping fees, up to the true cost of shipping, for special orders, large mailings, or other similar instances where shipping fees exceed $10. Exception: For landowner preference and related documents, the fee is referenced in OAR 635, division 075.

History

Statutory/Other Authority: ORS 496.138(2)
Statutes/Other Implemented: ORS 496.146 & ORS 497.032
DFW 107-2024, amend filed 12/20/2024, effective 01/01/2025
DFW 160-2018, adopt filed 10/18/2018, effective 01/01/2019

Or. Admin. R. 635-010-0015 Issuing Documents

(1) Licensing documents may be obtained online through the Department’s Electronic Licensing Systems, through the Department or its agents. Unless otherwise indicated in specific Department-issued instructions, the Department will not issue any privilege until it receives the required fee through an acceptable payment method.

(2) With the exceptions noted in sections (3) and (4) below, a resident is a person who has physically resided in Oregon for not less than six consecutive months immediately prior to the date of making application for a license, tag or permit. Resident does not include a person who merely owns real property or pays property taxes in this state; or who claims resident privileges in another state or country for any purpose. This is the legal standard for purchasing a resident license.

(a) To implement the legal standard, the applicant must attest at the time residency information is provided to the Department: “I hereby attest and declare that the information provided is true and that I can provide evidence to support this information upon request.”

(b) A resident senior citizen recreational fishing and hunting license, is available to residents of Oregon who have reached the age of 70 and have resided in Oregon no less than five years.

(3) The legislature has waived the six month requirement for certain classes of persons:

(a) Active members the uniformed services permanently assigned to active duty in Oregon (and their spouses and dependent children). This includes, but is not limited to, those who serve as crew members of ships that have an Oregon port or shore establishment as their home port or permanent station;

(b) Active members of the uniformed services who reside outside Oregon but paid Oregon resident income taxes no later than 12 months before leaving active duty; and

(4) A non-resident member of the uniformed services may purchase licenses, tags, and permits at resident rates.

(5) Agents must ensure all the information to establish customer eligibility for the privilege requested is submitted. If the person applying for the privilegefails to supply the necessary information, the agent may not issue the requested licensing document. All daily angling licenses must show the date they become valid.

(6) The Department and itsAgents must obtain social security numbers for any person who purchases an annual, fee-based license. The Department will use this number to comply with collection of the social security numbers pursuant to the child support enforcement laws as required by Section 117, Chapter 746, Oregon Laws 1997. If the social security number provided by an applicant is in use by another individual, the license will not be issued until the applicant provides proof that the social security number is, in fact, the applicant's social security number. An official document such as a social security card, payroll document, or health insurance identification card with the social security number printed on it must be presented to the agent as proof. An individual's social security number is not subject to disclosure to members of the public under the Oregon Public Records Law.

(7) License issuance is subject to terms of prior suspension or revocation per OAR 635-001-0210 and OAR 635-001-0215.

(8) Only Department authorized documents are valid. Reproductions, receipts or other documents supplied in lieu of official privilege documents are not valid and may not be issued by agents.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.992, 497.002, 497.006 & 497.012
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.992, 497.002, 497.006 & 497.012
DFW 163-2021, amend filed 10/13/2021, effective 10/13/2021
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 158-2015, f. & cert. ef. 11-25-15
DFW 117-2013, f. & cert. ef. 10-10-13
DFW 129-2008, f. & cert. ef. 10-14-08
DFW 68-2007, f. & cert. ef. 8-14-07
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
DFW 30-2002, f. & cert. ef. 4-11-02
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 4-1994, f. & cert. ef. 1-25-94
FWC 122-1992, f. & cert. ef. 11-23-92
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0021

Or. Admin. R. 635-010-0017 Document Expiration Dates

Unless otherwise specified by law, all documents issued by the Commission or Department expire on December 31 of the year they were issued, except:

(1) All annual furtaker licenses expire on June 30 following issuance.

(2) All furtaker record cards expire on June 30 following issuance.

(3) All big game and turkey tags expire at the completion of the yearly season as it is listed in the yearly Big Game and Game Bird Regulations.

(4) All waterfowl and upland game bird validations expire on June 30 following issuance.

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

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 91-2018, renumbered from 635-010-0165, filed 07/13/2018, effective 07/13/2018
DFW 30-2002, f. & cert. ef. 4-11-02
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
FWC 1-1982, f. & ef. 1-6-82

Or. Admin. R. 635-010-0019 License and Tag Exchanges

(1) Fees for replacements and exchanges:

(a) A $2 license agent fee is charged to replace a tag or harvest card.

(b) A fee of $5.00 (plus a $2.00 license agent fee) is charged to exchange a tag. However, a fee of $5.00 (plus a $10.00 license agent fee) will be charged for nonresident deer and elk tags.

(c) No fee is charged to exchange a license and tag for a higher cost privilege, other than the difference between the fee for the original privilege and the fee for the higher cost privilege.

(d) A fee of $23.50 (plus a $2.00 license agent fee) is charged for purchase of a tag issued after the tag sale deadline under OAR-635-065-0015.

(2) The following privileges may be exchanged:

(a) A license may be exchanged for a combination hunting and fishing license, a senior combination license, a pioneer combination license, a disabled veteran combination license or a Sports Pac.

(b) A controlled buck deer tag or controlled elk tag may be exchanged for a general season tag before the opening date of the season for which either tag is valid. A controlled antlerless deer tag shall not be exchanged. General season Deer and Elk tags may be exchanged only prior to the seasons for which both of the tags to be exchanged are valid. No tag may be exchanged after the start of the season for which it is valid. Exceptions can be found under OAR 635-065-0015.

(c) A “leftover” controlled hunt deer tag may only be exchanged for a general season deer tag, but only if the person does not already possess a deer tag authorized by OAR 635-065-0015(4)(a), (b), or (c).

(d) A “leftover” controlled hunt elk tag may only be exchanged for a general season elk tag but only if the person does not already possess an elk tag authorized by OAR 635-065-0015(5)(a), (b), (c), (d), (e), (f), or (g).

(e) In the event of the death of a successful controlled hunt applicant before the start of the season for which the tag or permit was issued, the tags of the deceased may be issued to an immediate family member as defined by OAR 635-045-0002. Tag or permit transfer shall require a copy of the death certificate and must be requested by the legal heir to the deceased which shall be presumed by possession of the death certificate.

(f) A controlled hunt tag shall only be exchanged for another controlled hunt tag, as described in 635-060-0008(5) and 635-075-0015(3).

(3) In the event that an immediate family member, as defined by OAR 635-045-0002, of a successful controlled hunt applicant is diagnosed as terminally ill before the start of the season for which the tag or permit was issued, the Director may authorize that the tags of the successful applicant be issued to the “qualified family member.” Tag or permit transfers shall require documentation of the terminal condition as diagnosed by a licensed physician. For the purposes of this rule, “terminally ill” means that the family member has a medical prognosis that his or her life expectancy is 12 months or less if the illness runs its normal course.

(a) A qualified family member may be either resident or non-resident and must comply with all requirements for lawful hunting including but not limited to those concerning:

(A) Minimum hunting age (ORS 497.350);

(B) Hunter education (ORS 497.360);

(D) Holding a valid Oregon hunting license, and

(E) Using a legal weapon for hunting the species for which the tag is issued.

(b) There is no additional fee for tag exchanges under this subsection.

(4) Exchanges must occur within 90 days of the purchase of the original license.

(5) Exchanges may be done online or in person at a Department Field Office as identified online or at the Department’s Salem Headquarters.

(6) Tag replacements may only be obtained through an Agent, the Department’s field offices or Salem headquarters.

(7) At the Department’s discretion, license refunds for the existing license will be applied against the original credit card, deposited electronically or mailed to the licensee after a replacement license has been issued.

History

Statutory/Other Authority: ORS 293.445, 496.012, 496.138, 496.146, 796.162, 497.022, 497.032, 497.061 & 497.112
Statutes/Other Implemented: ORS 293.445, 496.012, 496.138, 496.146, 796.162, 497.022, 497.032, 497.061 & 497.112
DFW 120-2022, temporary amend filed 09/07/2022, effective 09/07/2022 through 12/31/2022
DFW 184-2021, amend filed 12/30/2021, effective 01/01/2022
DFW 160-2018, adopt filed 10/18/2018, effective 01/01/2019

Or. Admin. R. 635-010-0020 Duplicate Documents

Reserving Number

History

Statutory/Other Authority: ORS 496, 497 & 498
Statutes/Other Implemented: ORS 496, 497 & 498
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 5-2005, f. 2-14-05, cert. ef. 4-1-05
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 4-1994, f. & cert. ef. 1-25-94
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-030-0031

Or. Admin. R. 635-010-0025 Refund or Exchange of Documents

Reserving Number

History

Statutory/Other Authority: ORS 496, 497 & 498
Statutes/Other Implemented: ORS 496, 497 & 498
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 33-2000, f. & cert. ef. 6-19-00
FWC 4-1994, f. & cert. ef. 1-25-94
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0034

Or. Admin. R. 635-010-0027 License Refunds

Consistent with the authority to make refunds prescribed in ORS 293.445(2), the Department will issue a refund of moneys received in excess of the amount legally due:

(1) If the Department determines a person has made an overpayment of more than $5; or

(2) Upon written request from a person who made an overpayment, or the person's legal representative, if the request is submitted to the Department within three years of the date that the Department received the overpayment.

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

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

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

(d) Death of a tag holder occurs before the opening of the season for which the tag was issued; only the tag fee shall be refunded. For the purpose of this rule the person demonstrating appropriate documentation that identifies who is eligible to receive the privileges belonging to the deceased shall be presumed to be entitled to the refund; or

(e) Extreme, special, or unforeseen circumstances occurred beyond the control of the license or tag holder, which resulted in extreme hardship to license or tag holder, as determined by the Director or the Director’s Designee. All refunds granted under this subsection may only be approved by the Director or the Director’s Designee.

(4) Refunds of unsold documents remaining in prepaid booklets must be requested within six months after the expiration of the documents.

(5) The Department will refund within 90 days (in full or in part) the license fee to a customer who has purchased a full price license if the Department determines that at the time of purchase, the licensee was qualified for one of the following free or reduced-price licenses:

(a) Senior license;

(b) Pioneer license; or

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

(7) Refund requests must be made to the Department. Agents may not issue refunds on licensing documents or exchange one type of document for another.

(8) Refund requests are not a guarantee of immediate payment.

History

Statutory/Other Authority: ORS 293.445, ORS 496, ORS 497 & ORS 498
Statutes/Other Implemented: ORS 293.445, ORS 496, ORS 497 & ORS 498
DFW 78-2024, amend filed 09/16/2024, effective 09/16/2024
DFW 49-2020, temporary amend filed 04/28/2020, effective 04/28/2020 through 09/30/2020
DFW 160-2018, adopt filed 10/18/2018, effective 01/01/2019

Or. Admin. R. 635-010-0031 Cancelled Documents

(1) If cancellation of documents are required as a result of error or other unforeseen circumstances, an agent or customer must contact the Department to obtain a correction.

(2) Agents will not be able to cancel documents after the day of initial issue.

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 92-2018, renumbered from 635-010-0085, filed 07/13/2018, effective 07/13/2018
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0076

Or. Admin. R. 635-010-0035 Receipts in Lieu of Documents

Reserving Number

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0037

Or. Admin. R. 635-010-0060 Agent Account Number

Reserving Number

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 33-2000, f. & cert. ef. 6-19-00
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0071

Or. Admin. R. 635-010-0070 Change in Ownership of Agency; Non-Transferability of Agency

Reserving Number

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 33-2000, f. & cert. ef. 6-19-00
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0073

Or. Admin. R. 635-010-0080 Public Monies

Reserving Number

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 33-2000, f. & cert. ef. 6-19-00
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0075

Or. Admin. R. 635-010-0090 Lost Prepaid Documents

An agent is responsible for lost prepaid license, permit or parking documents. No refunds will be issued to the agent, except as indicated in OAR 635-010-0025. The agent must immediately notify the Department and the local State Police office of any loss.

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0079

Or. Admin. R. 635-010-0096 Issuing Combined Angling Harvest Tag to Youth

When a person under 12 years of age purchases a combined angling harvest tag, the agent must issue at no charge a youth license before issuing a youth combined angling harvest tag.

History

Statutory/Other Authority: SB 247 (2015), ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 93-2018, renumbered from 635-010-0040, filed 07/13/2018, effective 07/13/2018
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0041

Or. Admin. R. 635-010-0101 Issuing Combined Angling Harvest Tag to Landowners

When a resident landowner purchases a combined angling harvest tag for the purpose of angling for salmon, steelhead, or sturgeon on the landowner's property, the agent must issue a landowner license at no charge before issuing the combined angling harvest tag. This requirement applies also to members of the landowner's immediate family, which is limited to the landowner's spouse, domestic partner, children and parents who reside on the landowner's property. If any of the individuals covered by this rule angle from any place other than the landowner's property, the individual must purchase an angling license.

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 93-2018, renumbered from 635-010-0045, filed 07/13/2018, effective 07/13/2018
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0043

Or. Admin. R. 635-010-0111 Licensing Provisions Applicable to Members of the Uniformed Services

Members of the uniformed services of the United States, as defined in ORS 497.006, may purchase resident documents by attesting to ownership of military identification showing the person is a member of the uniformed services stationed in Oregon. Members must also be able to provide the information upon request to the Department or law enforcement. Spouses and dependent children, as defined in ORS 497.006, are residents for licensing purposes. For exceptions reference OAR 635-060-0040 and OAR 065-0015.

History

Statutory/Other Authority: ORS 496, 497 & 498
Statutes/Other Implemented: ORS 496, 497 & 498
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 93-2018, renumbered from 635-010-0050, filed 07/13/2018, effective 07/13/2018
DFW 117-2013, f. & cert. ef. 10-10-13
DFW 30-2002, f. & cert. ef. 4-11-02
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 122-1992, f. & cert. ef. 11-23-92
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0046

Or. Admin. R. 635-010-0119 Licensing Provisions Applicable to Foreign Exchange Students

A foreign exchange student (defined as persons classified "J-1" by the U.S. Immigration Service) attending a school in Oregon shall be considered a resident for the purpose of purchasing licenses, tags and stamps if the student attests to ownership of a valid U.S. Immigration document or other government document showing "J-1" classification. Upon request, the foreign exchange student must submit a copy of referenced documents to the Department or enforcement.

History

Statutory/Other Authority: 498, ORS 496 & 497
Statutes/Other Implemented: ORS 496, 497 & 498
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 93-2018, renumbered from 635-010-0056, filed 07/13/2018, effective 07/13/2018
DFW 30-2002, f. & cert. ef. 4-11-02
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 122-1992, f. & cert. ef. 11-23-92
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91

Or. Admin. R. 635-010-0125 Supplies

Reserving Number

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0086

Or. Admin. R. 635-010-0133 Licensing Provisions Applicable to Residents Moving to Another State

An Oregon resident who moves and becomes a resident of another state before the end of any season for which the person purchased a document while still an Oregon resident may complete the season as a resident. If the person purchases documents after moving but during the same calendar year, nonresident fees apply.

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 93-2018, renumbered from 635-010-0058, filed 07/13/2018, effective 07/13/2018
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91

Or. Admin. R. 635-010-0140 Transfer and Sale of Documents Issued to Prepaid Daily Angling License Agents

Reserving Number

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0089

Or. Admin. R. 635-010-0150 Resident Senior Citizen Licenses

Resident senior citizen licenses issued before January 1, 2000, pursuant to ORS 497.102(f) and 497.121(h) are valid for as long as the licensee is a resident of Oregon.

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
FWC 49, f. & ef. 2-25-76, Renumbered from 630-010-0100

Or. Admin. R. 635-010-0155 Resident Pioneer Licenses

(1) Resident permanent pioneer licenses issued before January 1, 2000, on or after the applicant's 65th birthday are valid for as long as the licensee is a resident of Oregon. There shall be no refunds granted as a result of any action of the licensee subsequent to issuance of a multiple year license under the provisions of this rule.

(2) A resident pioneer license applicant will be issued a Combination hunting/angling license pursuant to ORS 497.132.

History

Statutory/Other Authority: SB 247 (2015), ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
FWC 47, f. & ef. 2-25-76, Renumbered from 630-010-0110

Or. Admin. R. 635-010-0157 Free Resident Licenses for Disabled Veterans

(1) Pursuant to ORS 497.102 and 497.121, a disabled veteran is entitled to a free hunting license, angling license and shellfish license if the veteran meets the following requirements. The license remains valid so long as the licensee remains an Oregon resident.

(a) The veteran has been an Oregon resident for at least six months; and

(b) The veteran provides to the Department written certification from the U.S. Veteran's Administration or any branch of the U.S. Armed Forces that the veteran is at least 25 percent disabled.

(2) Any valid permanent angling license issued before January 1, 2000, to a person permanently confined to a wheelchair is valid for as long as the licensee is a resident of Oregon.

History

Statutory/Other Authority: ORS 496, 497 & Ch. 25 & OL 1999
Statutes/Other Implemented: ORS 496 & 497, Ch. 25 & OL 1999
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 30-2002, f. & cert. ef. 4-11-02
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91

Or. Admin. R. 635-010-0158 Persons with Permanent Disabilities Permit

A person who meets the requirements contained in ORS 496.018 is entitled to a Permanent Disabilities Permit. In order to receive such a permit, a person must provide either

(1) Written certification from a licensed physician certified nurse practitioner or licensed physician assistant stating that the person:

(a) Is permanently unable to walk without the use of, or assistance from, a brace, cane, crutch, prosthetic device, wheelchair, scooter or walker;

(b) Is restricted by lung disease to the extent that the person's forced expiratory volume for one second, when measured by a spirometer, is less than 35 percent predicted, or arterial oxygen tension is less than 55 mm/Hg on room air at rest;

(c) Has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV, according to standards established by the American Heart Association;

(d) Has a permanent, physical impairment that prevents the person from holding or shooting a firearm or bow or from holding a fish rod in hand;

(e) Has central visual acuity that permanently does not exceed 20/200 in the better eye with corrective lenses, or the widest diameter of the visual field is no greater than 20 degrees; or

(2) Official written certification from the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States that the veteran is at least 65 percent disabled.

(3) Permits are valid for five calendar years. To renew a permit, the holder must submit a new, updated application form.

(4) The Department may revoke, suspend or decline to issue or renew an “Oregon Disabilities Hunting and Fishing Permit” for failure to submit accurate information. The holder or applicant may request a contested case hearing to appeal such an action

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 30-2002, f. & cert. ef. 4-11-02
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00

Or. Admin. R. 635-010-0159 Free Daily Licenses for Veterans

Effective January 1, 2021 through January 2, 2027, pursuant to ORS 497.162, a non-profit organization may request a daily license at no charge for an angling or shellfish harvest program for veterans or certain armed forces members.

(1) For the purposes of this rule, unless context requires otherwise, the following definitions apply:

(a) "Organization" means a non-profit organization

(A) Qualified under Internal Revenue Code section 501(c)(3);

(B) Registered in Oregon;

(D) That provides a program of angling or shellfish harvest.

(b) “Program” includes excursions with the principle purpose of providing participants with angling or outdoor experiences:

(A) Established on or before January 1, 2021

(B) Includes angling or shellfish harvest activities.

(c) “Participants” include veterans, as defined in Title 38, USC 101(2), or members of the Armed Forces of the United States, as defined in Title 38, USC 101(10), whose duty station is a warrior transition unit.

(2) A program participant is entitled to a daily license at no charge to use while participating in excursions. The daily license includes all licenses, tags, and endorsements necessary for angling and harvesting shellfish.

(3) The organization is responsible for all daily Bearer licenses provided to participants by Oregon Department of Fish and Wildlife (ODFW). The organization will:

(a) Request from the ODFW Licensing Department a Bearer Daily Angling License for each participant at least 10 business days prior to scheduled excursions.

(b) Maintain a record in either physical or electronic format of each participant provided with a Bearer daily angling license including:

(A) Name

(B) Date of Birth

(D) Veteran or Service Member ID Number

(E) Unique License Serial Number issued to license recipient

(c) Maintain all Bearer license documents and records in a secure manner making records and Bearer daily angling licenses in either physical or electronic format available for inspection and audit at all times by the Oregon State Police (OSP) or by an authorized employee or agent of the Oregon Fish and Wildlife Commission.

(d) Immediately notify ODFW and the local State Police office of any lost Bearer license or other program documents.

(e) Within 15 days, upon completion of the program or request by ODFW, return all unused Bearer daily licenses to ODFW Licensing Department.

(f) Within 15 days, upon completion of the scheduled excursions, ensure that all participant information has been entered into the Electronic Licensing System.

(4) ODFW Licensing Department will run reports against the entered participant data and flag any possible enforcement concerns for notification to the OSP, Wildlife Enforcement section.

History

Statutory/Other Authority: ORS 496.497
Statutes/Other Implemented: ORS 496.497
DFW 1-2022, adopt filed 01/10/2022, effective 01/10/2022

Or. Admin. R. 635-010-0162 Agent Eligibility; Application Requirements

(1) Any person in retail sales within the State of Oregon may apply to become a license agent for the Department. Out-of-State license agents may only sell the Prepaid Daily Angling licenses.

(2) An applicant for appointment as a license agent must comply with the following requirements:

(a) An individual must be at least 18 years of age;

(b) Not be engaged exclusively in selling licensing documents;

(3) Criteria used in selection of license agents will include the following: the need for agents in a particular geographic area, business hours, convenient and accessible location for customers, and predicted sales volume.

(4) Each agent must sign an Agreement prepared by the Department setting forth the terms and conditions under which the agent will sell licensing documents.

(5) The Department may terminate or suspend the Agreement with a license agent on the following grounds:

(a) The agent has three non-sufficient electronic fund transfers during any 12-month period;

(b) The agent fails to make good any non-sufficient electronic funds transfer issued to the Department within five days of the notice of failure to transfer;

(d) The agent fails to comply with the terms of the agent agreement or fails to maintain the eligibility requirements.

(e) The Department discovers any fraud or deception in the application of the license agent.

(6) The Department will provide 14 days written notice to the agent of its intent to terminate or suspend the Agreement, unless the Department determines that the agent's conduct creates an emergency or a public risk. In that case, the Department may terminate the Agreement immediately consistent with the Administrative Procedures Act.

History

Statutory/Other Authority: ORS 496, ORS 497 & ORS 498
Statutes/Other Implemented: ORS 496, ORS 497 & ORS 498
DFW 160-2018, adopt filed 10/18/2018, effective 01/01/2019

Or. Admin. R. 635-010-0170 Licenses, Tags or Documents Available by Mail Order, Fax or Internet

Reserving Number

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 57-2012, f. & cert. ef. 6-11-12
DFW 7-2012(Temp), f. & cert. ef. 2-6-12 thru 8-1-12
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
Reverted to DFW 130-2008, f. & cert. ef. 10-14-08
DFW 51-2009(Temp), f. & cert. ef. 5-14-09 thru 6-1-09
DFW 147-2008(Temp), f. & cert. ef. 12-6-08 thru 6-6-09
DFW 130-2008, f. & cert. ef. 10-14-08

Or. Admin. R. 635-010-0180 Agent Operational Requirements

The Department will determine what licensing documents each agent may sell on behalf of the Department.

(1) The agent's account number must be included in all correspondence.

(2) An agent must notify the Department in writing before any change in ownership, use of assumed business name, or dissolution of partnership or corporation as shown in the Agreement. A license agency is not transferable and may not be used as a condition of sale.

(3) Agents are authorized to sell privilege documents based upon the contract between the Department and the agent. An agent may not transfer documents to another location, nor to another license agent without advanced written permission from the Department.

(4) All monies collected by an agent are public monies of the State of Oregon, and the state has prior claim upon these monies over all creditors, assignees, or other claimants.

History

Statutory/Other Authority: ORS 496 & ORS 497
Statutes/Other Implemented: ORS 496 & ORS 497
DFW 160-2018, adopt filed 10/18/2018, effective 01/01/2019

Or. Admin. R. 635-010-0190 Inspection

Prepaid Daily Angling License records shall be available for inspection and audit at all times by the State Police or by an authorized employee or agent of the Commission.

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 93-2018, renumbered from 635-010-0095, filed 07/13/2018, effective 07/13/2018
DFW 33-2000, f. & cert. ef. 6-19-00
DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00
FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0080

Or. Admin. R. 635-010-0200 Tribal I.D. in Lieu of Licenses

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

History

Statutory/Other Authority: ORS 496 & ORS 497
Statutes/Other Implemented: ORS 496 & ORS 497
DFW 160-2018, adopt filed 10/18/2018, effective 01/01/2019

Division 11 SPORT FISHING REGULATIONS FOR FISH, SHELLFISH, AND MARINE INVERTEBRATES: STATEWIDE ANGLING REGULATIONS

Or. Admin. R. 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 biennially 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 major changes in seasons, bag limits, methods of harvest and specific regulations be made during Major Public Process Cycles which will take place every four years or at such intervals as determined by staff to best incorporate public input and that during interim years, angling regulations be adopted biennially without substantive change. In order to so limit substantive changes to angling regulations to the degree practicable, during Major Public Process Cycles starting in 2013 the following standards and procedures shall be followed:

(a) The Department will request proposals for new or modified regulations during Major Public Process Cycles. Such proposals shall include: identity of sponsor, name of waterbody or species, proposed wording, a stated reason the rule is considered necessary. Actions intended to change fishing opportunities must clearly identify need, benefit and rationale for change; must clearly demonstrate the benefit of changing regulations, must clearly acknowledge impacts to other anglers and social support for change, and demonstrate that changes do not cause or increase risk to fish populations, reproduction or recruitment, or maintaining future fisheries. If intended to conserve fish populations, regulation changes must demonstrate a conservation benefit, demonstrate that current regulations do not adequately protect populations. A standard form for submitting proposals will be available from Department offices by January 1 the year of the Major Public Process Cycle;

(b) Absent extenuating circumstances only proposals received by February 28 will be included in the process described in subsections (3)(c), (3)(d), (3)(e), and (3)(f);

(c) Proposals received by February 28 shall be reviewed by Department staff and enforcement personnel. Reviews will be based on criteria listed in subsection (3)(g). Like proposals may be grouped or consolidated. Proposals not passing department reviews will be eliminated from the process prior to Commission meetings. By May 15 the Department will provide to sponsor, the results of the review and specific basis for rejection or acceptance of the proposal along with relevant comments;

(d) A summary of all angling regulation proposals received by February 28 and passing staff and enforcement personnel reviews described in subsection (3)(c) will be publicized through the news media to identify the issues which are being processed;

(e) Proposals passing staff and enforcement personnel reviews described in subsection (3)(c) may be presented at public meetings to allow public comment on the merits of the proposal and determine levels of public support for proposed rules. Such meetings will be held prior to July 1;

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

(g) 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) Consistent with ODFW fish management and conservation policies and rules;

(B) Consistent with federal fish management plans and mandates;

(D) Based on an established need;

(E) Consistent with biologically sound principles and biologically feasible;

(F) Supported by affected citizens and address an established social need;

(G) Easily understood with clearly defined limits or boundaries;

(H) Enforceable.

(h) Proposed regulations which fail to meet these conditions may be eliminated from the Major Public Process prior to Commission consideration.

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

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162 & 506.129
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 111-2011, f. 8-10-11, cert. ef. 8-31-11
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 70-2001, f. & cert. ef. 8-10-01
FWC 69-1994, f. 9-28-94, cert. ef. 10-1-94
FWC 26-1987, f. & ef. 6-18-87
FWC 6-1987, f. & ef. 2-20-87

Or. Admin. R. 635-011-0066 Authority to Take Fish

In accordance with ORS 496.162 and 506.129, Department staff and designated representatives may take fish and shellfish 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, cull for conservation purposes, and for such other purposes that implement Commission approved basin and species plans.

History

Statutory/Other Authority: ORS 496.162 & ORS 506.129
Statutes/Other Implemented: ORS 496.162 & ORS 506.129
DFW 14-2025, amend filed 02/18/2025, effective 02/18/2025
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 19-2002, f. & cert. ef. 3-20-02
DFW 117-2001(Temp), f. & cert. ef. 12-20-01 thru 6-14-2002
DFW 111-2001, f. & cert. ef. 11-29-01

Or. Admin. R. 635-011-0072 Bait Restrictions

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.129 & 508.306
DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 24-2005, f. 4-15-05, cert. ef. 5-1-05

Or. Admin. R. 635-011-0100 Temporary rule language in effect until 12/28/2026. General Rule

(1) 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 most current version of the annual 2026 or 2027 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 current annual Oregon Sport Fishing Regulations.

(2) Chumming: Putting any substance in the water to attract fish that is not contained within or attached to the hook, lure, or bait.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 66-2026, temporary amend filed 07/02/2026, effective 07/02/2026 through 12/28/2026
DFW 136-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 61-2020, temporary amend filed 05/19/2020, effective 05/20/2020 through 10/06/2020
DFW 53-2020, temporary amend filed 05/04/2020, effective 05/05/2020 through 10/06/2020
DFW 42-2020, temporary amend filed 04/09/2020, effective 04/10/2020 through 10/06/2020
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 102-2018, temporary amend filed 07/31/2018, effective 08/01/2018 through 12/31/2018
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 105-2016, f. & cert. ef. 8-10-16
DFW 24-2016(Temp), f. 3-30-16, cert. ef. 4-1-16 thru 9-27-16
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 130-2013(Temp), f. 12-9-13, cert. ef. 12-10-13 thru 6-8-14
DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 142-2012(Temp), f. 11-6-12, cert. ef. 11-15-12 thru 5-12-13
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 153-2011(Temp), f. 11-7-11, cert. ef. 11-15-11 thru 5-12-12
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04
DFW 26-2002, f. & cert. ef. 3-21-02
DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02
DFW 70-2001, f. & cert. ef. 8-10-01
FWC 2-1984, f. & ef. 1-10-84
FWC 11-1982, f. & ef. 2-9-82

Or. Admin. R. 635-011-0102 Free Fishing Weekend

The first full weekend (Saturday and Sunday) 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.

History

Statutory/Other Authority: Section 2, Chapter 344, Oregon Laws 1989; HB 2221, 1995 Legislature & ORS 183.335
Statutes/Other Implemented: Sec. 2, Ch. 344, OL 1989; HB 2221 & 1995
DFW 145-2017, temporary amend filed 11/14/2017, effective 11/24/2017 through 11/25/2017
DFW 30-2017(Temp), f. 3-22-17, cert.ef. 4-22-17 thru 10-18-17
Reverted to DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 141-2016(Temp), f. 10-31-16, cert. ef. 11-23-16 thru 1-1-17
DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 70-2001, f. & cert. ef. 8-10-01
FWC 92-1995, f. 12-8-95, cert. ef. 12-15-95
FWC 103-1989, f. 9-29-89, cert. ef. 1-1-90

Or. Admin. R. 635-011-0104 Licenses, Tags, and Permits

(1) Hatchery Salmon and Steelhead Harvest Tag Requirements:

(a) Persons holding a validannual angling license and combined 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;

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

(c) 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;

(d) 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; and

(e) Harvested fish can be tagged either electronically or on a paper copy. All paper copies of Hatchery Salmon and Steelhead Harvest Tags should be returned to ODFW upon expiration.

(2) Columbia River Basin Endorsement:

(a) The Columbia River Basin is defined as: The mainstem Columbia River from Buoy 10 upstream to include all rivers and their tributaries that drain into the mainstem Columbia River.

(b) A valid Columbia River Basin Endorsement must be in possession while angling for salmon, steelhead, or sturgeon in the Columbia River Basin except during free fishing weekend where every angler is considered as having a valid Columbia River Basin Endorsement.

(c) The fee for the Columbia River Basin Endorsement, when purchased in conjunction with an annual license is $9.75, in addition to fees as described in ORS 497.121 and ORS 497.123.

(d) The fee for the Columbia River Basin Endorsement when purchased separately is $9.75 (plus a $2.00 agent fee).

(e) The fee for the Columbia River Basin Endorsement, when purchased in conjunction with a daily license is $1.00 per each day, in addition to those fees as described in ORS 497-121.

(f) Purchase of a Columbia River Basin Endorsement is not required for free fishing weekend.

(g) No fee will be charged for a Columbia River Basin Endorsement for an angler(s) in possession of:

(A) A resident disabled veteran, resident pioneer, resident and non-resident youth under 12 license; or

(B) A Permanent Wheel-chair Angling License, a Permanent Blind Angler License, or a Permanent Senior.

(3) Ocean Endorsement:

(a) Ocean waters include waters of the Pacific Ocean west of:

(A) Normal high tide lines along coastal beaches where there are no jetties;

(B) The visible ends of jetties, except in the Columbia River; or,

(b) Except as described in ORS 497.014, a valid Daily or Annual Ocean Endorsement must be in possession while angling or fishing for any species of fish except shellfish, salmon, and steelhead in ocean waters and is in addition to other license and tag requirements, and fees as described in ORS 497.061, 497.121, and 497.123.

(d) The fee for a Daily Ocean Endorsement is $4.00 per day (includes agent fee).

(e) Purchase of an Ocean Endorsement is not required for free fishing weekends.

(f) No fee will be charged for an Ocean Endorsement for an angler(s) in possession of:

(A) A resident disabled veteran, resident pioneer, resident and non-resident youth under 12 license; or

(B) A Permanent Wheel-chair Angling License, a Permanent Blind Angler License, or a Permanent Senior.

(4) Rogue-South Coast Steelhead Fishing Authorizations:

(a) Rogue-South Coast steelhead fishing authorizations include the Rogue-South Coast Steelhead Validation and the Rogue-South Coast Wild Steelhead Harvest Tag.

(b) For purposes of these authorizations, the Rogue-South Coast area is defined as: all rivers and streams draining into the Pacific Ocean from, and inclusive of, the Sixes River south to the Winchuck River.

(c) For purposes of these authorizations, the winter steelhead angling season is December 1 through April 30, although angling dates may vary in specific locations.

(d) These authorizations shall only be purchased once by each angler for each season, excluding replacements, and are valid for a single winter steelhead angling season regardless of whether an annual, daily, or multi-day angling license is used.

(e) Except as noted, these authorizations are in addition to other license and tag requirements, and do not preclude the need to follow those license requirements, and steelhead angling and harvest regulations.

(f) A Rogue-South Coast Steelhead Validation:

(A) Shall only be available to anglers with an annual angling license and an annual combined angling tag, or a daily or multi-day angling license associated with a valid ODFW ID Number; and

(B) Shall be in possession in the Rogue-South Coast area while angling for steelhead during the winter steelhead angling season.

(g) A Rogue-South Coast Wild Steelhead Harvest Tag:

(A) Shall only be available to anglers with a Rogue-South Coast Steelhead Validation;

(B) Shall be utilized in the Rogue-South Coast area instead of the combined angling tag to record harvested wild winter steelhead immediately upon removal from the water by the angler who landed the fish;

(D) Shall be in possession in electronic or paper form, and if a paper form is utilized then such form shall be returned or reported to ODFW after each winter steelhead angling season and before the next winter steelhead angling season.

(5) An angling license is not required when angling in temporary structures utilized to serve or promote a public fishing event.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 137-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 50-2019, temporary amend filed 04/25/2019, effective 04/25/2019 through 09/30/2019
DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019
DFW 145-2017, temporary amend filed 11/14/2017, effective 11/24/2017 through 11/25/2017
DFW 30-2017(Temp), f. 3-22-17, cert. ef. 4-22-17 thru 10-18-17
Reverted to DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 141-2016(Temp), f. 10-31-16, cert. ef. 11-23-16 thru 1-1-17
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
Reverted to DFW 133-2013, f. & cert. ef. 12-9-13
DFW 49-2014(Temp), f. 5-27-14, cert. ef. 6-1-14 thru 6-30-14
DFW 133-2013, f. & cert. ef. 12-9-13
DFW 128-2013(Temp), f. 11-18-13, cert. ef. 12-1-13 thru 12-31-13
DFW 125-2013, f. 10-30-13, cert. ef. 11-1-13
DFW 101-2001, f. & cert. ef. 10-23-01

Or. Admin. R. 635-011-0170 Green Sturgeon

It is unlawful to take green sturgeon (Acipenser medirostris) for sport purposes at all times and in all waters of the state.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162 & 506.129
DFW 32-2010, f. & cert. ef. 3-15-10

Or. Admin. R. 635-011-0175 Special Northern Pikeminnow Sport Reward Fishery

(1) During times and at registration stations to be specified by the Northern Pikeminnow Sport Reward Program administered by the Pacific States Marine Fisheries Commission (PSMFC), a voucher for payment of bounty in an amount to be specified by PSMFC 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, and up tributaries 400 feet from tributary mouths of the reaches listed above on the Columbia and Snake rivers. In addition, the following requirements shall be met to qualify for payment:

(a) Anglers shall present a valid fishing license and picture identification upon request by any authorized program representative;

(b) Each angler shall adhere to all applicable state fishing regulations for the area in which they fish;

(c) Each angler shall register in person at one of the designated registration stations each day prior to fishing. Anglers may register during times when stations are unstaffed, by using the station’s self-registration box. Anglers may not register at multiple stations during the same time period;

(d) Anglers shall comply with the directions of authorized program personnel related to the collection of sampling data and angler participation in the Sport Reward Fishery. Anglers shall provide true and accurate information to authorized program representatives regarding the taking, possession, delivery, transportation, sale, transfer, or any other use of fish caught while participating in the Northern Pikeminnow Sport Reward Fishery Program;

(e) Fish must be returned to the same registration station where the angler registered. They must be returned on the same calendar day stamped on the angler’s registration form, before that station closes for that day, and they must have been caught subsequent to that day’s registration time.

(f) All fish redeemed for reward payment must have been personally caught solely by the angler submitting them for reward payment.

(g) To be eligible for a voucher, each northern pikeminnow must be nine inches or longer in total length and must be presented in fresh condition or alive. Fish that are or were frozen, or that are in otherwise poor condition, will not be accepted for payment. Authorized program personnel have the authority to determine whether or not northern pikeminnow submitted for payment meet these standards;

(h) Mail in all reward vouchers within 30 days from the end of the year’s fishery. To obtain payment, vouchers must be received no later than November 15, 2007. Any issues preventing payment (missing information, voiding of voucher for program violations, etc.) must be resolved by November 15, 2007 or the voucher becomes null and void.

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

(3) Violation of any of the above rules may result in disqualification from the Northern Pikeminnow Sport Reward Fishery Program.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162 & 506.129
Reverted to DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99
DFW 57-2007(Temp), f. & cert. ef. 7-17-07 thru 1-12-08
Reverted to 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
DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99
FWC 23-1993, f. 3-19-93, cert. ef. 3-22-93
Reverted to FWC 41-1990, f. & cert. ef. 5-23-90
FWC 51-1991(Temp), f. 5-22-91, cert. ef. 5-24-91
FWC 41-1990, f. & cert. ef. 5-23-90

Division 12 MARINE RESERVES AND MARINE PROTECTED AREAS IN THE TERRITORIAL SEA

Or. Admin. R. 635-012-0020 Purpose

The purpose of the regulations in this section are to implement ORS 196.540 through 196.555 and Oregon Senate Bill 1510 (2012) by regulating activities in areas of Oregon’s Territorial Sea designated as marine reserves or protected areas.

History

Statutory/Other Authority: ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012)
DFW 102-2012, f. & cert. ef. 8-6-12
Reverted to DFW 6-2010, f. 1-22-10, cert. ef. 6-30-11
DFW 157-2011(Temp), f. 12-13-11, cert. ef. 12-25-11 thru 12-31-11
DFW 6-2010, f. 1-22-10, cert. ef. 6-30-11
DFW 157-2009, f. 12-30-09, cert. ef. 6-30-11
DFW 78-2011(Temp), f. 6-28-11, cert. ef. 6-29-11 thru 12-25-11

Or. Admin. R. 635-012-0030 Definitions

For the purposes of OAR 635, Division 012 the following definitions apply:

(1) “Bank” means from the mainland or island shore or from docks physically attached to the shore.

(2) “Commission” means the Oregon Fish and Wildlife Commission.

(3) “Department” means the Oregon Department of Fish and Wildlife.

(4) “Fish species” means any animal over which the Commission has jurisdiction, pursuant to ORS 506.036.

(5) “Fishing gear” means any appliance or device intended for or capable of being used to take fish species, including surface buoys of bottom contact gear.

(6) “Groundfish” has the meaning given in OAR 635-004-0215.

(7) “Hook-and-line” has the meaning given in OAR 635-004-0215.

(8) “Net gear” means any type of fishing gear defined in OAR 635-004-0215 that employs a net.

(9) “Take” means to fish for, hunt, pursue, catch, capture or kill or attempt to fish for, hunt, pursue, catch, capture or kill, and includes attracting any squid by light.

(10) “Trawl gear” has the meaning given in OAR 635-004-0215.

(11) “Troll” has the meaning given in OAR 635-004-0215.

(12) “Wildlife species” means all wild birds, amphibians, reptiles, and wild mammals

History

Statutory/Other Authority: ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012)
DFW 173-2021, amend filed 11/29/2021, effective 11/29/2021
DFW 39-2021, amend filed 04/08/2021, effective 04/09/2021
DFW 102-2012, f. & cert. ef. 8-6-12
Reverted to DFW 6-2010, f. 1-22-10, cert. ef. 6-30-11
Suspended by DFW 157-2011(Temp), f. 12-13-11, cert. ef. 12-25-11 thru 12-31-11
DFW 6-2010, f. 1-22-10, cert. ef. 6-30-11
DFW 157-2009, f. 12-30-09, cert. ef. 6-30-11
Suspended by DFW 78-2011(Temp), f. 6-28-11, cert. ef. 6-29-11 thru 12-25-11

Or. Admin. R. 635-012-0040 Marine Reserve and Marine Protected Area Boundaries

(1) Otter Rock Site:

(a) The Otter Rock Marine Reserve encompasses the area bounded by the points described in OAR 141-142-0030.

(b) The rules provided in OAR 635-012 for this site are effective January 1, 2012.

(2) Redfish Rocks Site:

(a) The Redfish Rocks Marine Reserve encompasses the area bounded by the points described in OAR 141-142-0035.

(b) The Redfish Rocks Marine Protected Area encompasses the area bounded by the points described in OAR 141-142-0040.

(3) Cape Perpetua Site:

(a) The Cape Perpetua Marine Reserve encompasses the area bounded by the points described in OAR 141-142-0045.

(b) The Cape Perpetua North Marine Protected Area encompasses the area bounded by the points described in OAR 141-142-0050.

(c) The Cape Perpetua South-East Marine Protected Area encompasses the area bounded by the points described in OAR 141-142-0055.

(d) The Cape Perpetua Seabird Protection Area encompasses the area bounded by the points described in OAR 141-142-0060.

(e) The rules provided in OAR 635-012 for this site are effective January 1, 2014.

(4) Cascade Head Site:

(a) The Cascade Head Marine Reserve encompasses the area bounded by the points described in OAR 141-142-0065.

(b) The Cascade Head North Marine Protected Area encompasses the area bounded by the points described in OAR 141-142-0070.

(c) The Cascade Head South Marine Protected Area encompasses the area bounded by the points described in OAR 141-142-0075.

(d) The Cascade Head West Marine Protected Area encompasses the area bounded by the points described in OAR 141-142-0080.

(e) The rules provided in OAR 635-012 for this site are effective January 1, 2014.

(5) Cape Falcon Site:

(a) The Cape Falcon Marine Reserve encompasses the area bounded by the points described in OAR 141-142-0085.

(b) The Cape Falcon West Marine Protected Area encompasses the area bounded by the points described in OAR 141-142-0090.

(c) The Cape Falcon Shoreside Marine Protected Area encompasses the area bounded by the points described in OAR 141-142-0095.

(d) The rules provided in OAR 635-012 for this site are effective January 1, 2016.

History

Statutory/Other Authority: ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012)
DFW 102-2012, f. & cert. ef. 8-6-12
Reverted to DFW 157-2009, f. 12-30-09, cert. ef. 6-30-11
Suspended by DFW 157-2011(Temp), f. 12-13-11, cert. ef. 12-25-11 thru 12-31-11
DFW 157-2009, f. 12-30-09, cert. ef. 6-30-11
Suspended by DFW 78-2011(Temp), f. 6-28-11, cert. ef. 6-29-11 thru 12-25-11

Or. Admin. R. 635-012-0050 Marine Reserve Prohibitions and Allowances

(1) Except as specified in section 3 below, the following activities are prohibited within the Otter Rock, Redfish Rocks, Cape Perpetua, Cascade Head and Cape Falcon marine reserve areas: Take, including fishing or hunting, of any fish or wildlife species.

(2) Take of fish species from the ocean, using hook-and-line from the bank shoreward of a marine reserve, unless specifically authorized, is prohibited.

(3) Notwithstanding the prohibitions in sections (1) and (2) above, person(s) may:

(a) Remove fishing gear from within the marine reserve boundary, provided that the retrieving vessel operator must notify the Oregon State Police at 1-800-452-7888 and receive permission before retrieving the gear and no fish or wildlife species from the retrieved gear shall be retained. Specific to commercial crab pots:

(A) If the pot(s) do not belong to the retrieving vessel, the vessel operator must follow the retrieval requirements set forth in OAR 635-005-0490.

(B) If the pot(s) do belong to the retrieving vessel, the vessel operator may re-set the pot(s) outside of the reserve area pursuant to the requirements set forth in OAR 635-005-0490.

(b) Take fish and wildlife species if authorized by a valid scientific taking permit as required by OAR divisions 635-007 and 635-043.

(c) Have catch onboard while transiting or anchoring in the marine reserve area. Except as allowed by subsection (3)(b) above, fishing gear shall not be deployed in the water at any time within the marine reserve.

History

Statutory/Other Authority: ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012)
DFW 102-2012, f. & cert. ef. 8-6-12
Reverted to DFW 6-2010, f. 1-22-10, cert. ef. 6-30-11
Suspended by DFW 157-2011(Temp), f. 12-13-11, cert. ef. 12-25-11 thru 12-31-11
DFW 6-2010, f. 1-22-10, cert. ef. 6-30-11
DFW 157-2009, f. 12-30-09, cert. ef. 6-30-11
Suspended by DFW 78-2011(Temp), f. 6-28-11, cert. ef. 6-29-11 thru 12-25-11

Or. Admin. R. 635-012-0060 Redfish Rocks Marine Protected Area Prohibitions and Allowances

(1) Except as specified in section (2) below, the following activities are prohibited within the Redfish Rocks marine protected areas:

Take of any fish species.

(2) Notwithstanding the prohibitions in section (1) above, person(s) may:

(a) Commercially or recreationally troll for and take salmon in fisheries otherwise authorized by Commission rule.

(b) Commercially or recreationally take crab in fisheries otherwise authorized by Commission rule.

History

Statutory/Other Authority: ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012)
DFW 102-2012, f. & cert. ef. 8-6-12
Reverted to DFW 6-2010, f. 1-22-10, cert. ef. 6-30-11
Suspended by DFW 157-2011(Temp), f. 12-13-11, cert. ef. 12-25-11 thru 12-31-11
DFW 6-2010, f. 1-22-10, cert. ef. 6-30-11
DFW 157-2009, f. 12-30-09, cert. ef. 6-30-11
Suspended by DFW 78-2011(Temp), f. 6-28-11, cert. ef. 6-29-11 thru 12-25-11

Or. Admin. R. 635-012-0070 General Protected Area Prohibitions and Allowances

(1) The prohibitions and allowances specified in this section apply to all areas of Oregon’s Territorial Sea designated as marine protected and seabird protection areas. Notwithstanding the area-specific prohibitions and allowances, person(s) may:

(a) Take fish species if authorized by a valid scientific taking permit as required by OAR divisions 635-007 and 635-043.

(b) Have catch onboard while transiting or anchoring in the marine protected or seabird protection area. Except as allowed by OAR 635-012-0060, 635-012-0080 through 635-012-0150 or by subsection (1)(a) above, fishing gear shall not be deployed in the water at any time within a marine protected or seabird protection area.

(2) It is unlawful to take any legal fish species in a marine protected or seabird protection area while possessing onboard any species not allowed to be taken in the marine protected or seabird protection area.

History

Statutory/Other Authority: ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012)
DFW 102-2012, f. & cert. ef. 8-6-12

Or. Admin. R. 635-012-0080 Cape Perpetua North Marine Protected Area Prohibitions and Allowances

(1) Except as specified in section (2) below, the following activities are prohibited within the Cape Perpetua North Marine Protected Area: Take of any fish species.

(2) Notwithstanding the prohibitions in section (1) above, person(s) may:

(a) Commercially or recreationally troll for and take salmon in fisheries authorized specifically for this area by Commission rule.

(b) Commercially or recreationally take crab in fisheries authorized specifically for this area by Commission rule.

(c) Recreationally take fish species using hook-and-line from the bank in fisheries otherwise authorized by Commission rule.

History

Statutory/Other Authority: ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012)
DFW 102-2012, f. & cert. ef. 8-6-12

Or. Admin. R. 635-012-0090 Cape Perpetua South-East Marine Protected Area Prohibitions and Allowances

(1) Except as specified in section (2) below, take of all species authorized by general Commission rule for this area is allowed.

(2) The following activities are prohibited within the Cape Perpetua South-East Marine Protected Area:

(a) Use of trawl gear to take any fish species.

(b) Take of the following species, used as seabird forage:

(A) Pacific herring;

(B) Pacific sardine (pilchard);

(D) Smelt as defined by OAR 635-004-0215;

(E) Pacific sand lance;

(F) Mackerels;

(G) Market squid.

History

Statutory/Other Authority: ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012)
DFW 69-2016, f. & cert. ef. 6-13-16
Reverted to DFW 102-2012, f. & cert. ef. 8-6-12
DFW 47-2015(Temp), f. 5-21-15, cert. ef. 5-27-15 thru 11-22-15
DFW 102-2012, f. & cert. ef. 8-6-12

Or. Admin. R. 635-012-0100 Cape Perpetua Seabird Protection Area Prohibitions and Allowances

(1) Except as specified in section (2) below, take of all species authorized by general Commission rule for this area is allowed.

(2) Take of the following species, used as seabird forage, are prohibited within the Cape Perpetua Seabird Protection Area:

(a) Pacific herring;

(b) Pacific sardine (pilchard);

(d) Smelt as defined by OAR 635-004-0215;

(e) Pacific sand lance;

(f) Mackerels.

History

Statutory/Other Authority: ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012)
DFW 69-2016, f. & cert. ef. 6-13-16
Reverted to DFW 102-2012, f. & cert. ef. 8-6-12
DFW 47-2015(Temp), f. 5-21-15, cert. ef. 5-27-15 thru 11-22-15
DFW 102-2012, f. & cert. ef. 8-6-12

Or. Admin. R. 635-012-0110 Cascade Head North Marine Protected Area Prohibitions and Allowances

(1) Except as specified in section (2) below, the following activities are prohibited within the Cascade Head North Marine Protected Area: Take of any fish species.

(2) Notwithstanding the prohibitions in section (1) above, person(s) may:

(a) Commercially or recreationally troll for and take salmon in fisheries authorized specifically for this area by Commission rule.

(b) Commercially or recreationally take crab in fisheries authorized specifically for this area by Commission rule.

(c) Recreationally take groundfish using hook-and-line from private, non-chartered, boats in fisheries authorized specifically for this area by Commission rule.)

History

Statutory/Other Authority: ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012)
DFW 102-2012, f. & cert. ef. 8-6-12

Or. Admin. R. 635-012-0120 Cascade Head South Marine Protected Area Prohibitions and Allowances

(1) Except as specified in section (2) below, take of all species authorized by general Commission rule for this area is allowed.

(2) The use of net gear to take any fish species is prohibited within the Cascade Head South Marine Protected Area. The use of any appliance or device to attract or aggregate any fish species for the purpose of taking by net gear is prohibited within the Cascade Head South Marine Protected Area, regardless of whether the take by net gear itself occurs within or without the Cascade Head South Marine Protected Area boundary.

History

Statutory/Other Authority: ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012)
DFW 39-2021, amend filed 04/08/2021, effective 04/09/2021
DFW 102-2012, f. & cert. ef. 8-6-12

Or. Admin. R. 635-012-0130 Cascade Head West Marine Protected Area Prohibitions and Allowances

(1) Except as specified in section (2) below, the following activities are prohibited within the Cascade Head West Marine Protected Area: Take of any fish species.

(2) Notwithstanding the prohibitions in section (1) above, person(s) may:

(a) Commercially or recreationally troll for and take salmon in fisheries authorized specifically for this area by Commission rule.

(b) Commercially or recreationally take crab in fisheries authorized specifically for this area by Commission rule.

History

Statutory/Other Authority: ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012)
DFW 102-2012, f. & cert. ef. 8-6-12

Or. Admin. R. 635-012-0140 Cape Falcon West Marine Protected Area Prohibitions and Allowances

(1) Except as specified in section (2) below, the following activities are prohibited within the Cape Falcon West Marine Protected Area: Take of any fish species.

(2) Notwithstanding the prohibitions in section (1) above, person(s) may:

(a) Commercially or recreationally troll for and take salmon in fisheries authorized specifically for this area by Commission rule.

(b) Commercially or recreationally take crab in fisheries authorized specifically for this area by Commission rule.

(A) Gravel bed areas shall be delineated by the Department and participants in the commercial ocean Dungeness crab fishery shall voluntarily avoid setting crab pots in the gravel beds.

(B) The Department and Oregon State Police shall periodically monitor the voluntary compliance within the delineated gravel beds and consider proposing regulatory requirements if voluntary compliance is low.

History

Statutory/Other Authority: ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012)
DFW 102-2012, f. & cert. ef. 8-6-12

Or. Admin. R. 635-012-0150 Cape Falcon Shoreside Marine Protected Area Prohibitions and Allowances

(1) Except as specified in section (2) below, the following activities are prohibited within the Cape Falcon Shoreside Marine Protected Area: Take of any fish species.

(2) Notwithstanding the prohibitions in section (1) above, person(s) may: Recreationally take fish species using hook-and-line from the bank in fisheries authorized specifically for this area by Commission rule.

History

Statutory/Other Authority: ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012)
DFW 102-2012, f. & cert. ef. 8-6-12

Or. Admin. R. 635-012-0160 Rights of Federally Recognized Indian Tribes

(1) Nothing in OAR 635-012 rules alters or supersedes the Agreement between the Confederated Tribes of Siletz Indians of Oregon, the United States and the State of Oregon, recorded at OAR 635-041-0500, defining specified tribal hunting, fishing, trapping and gathering rights by the Siletz Tribe and its members.

(2) Nothing in OAR 635-012 rules alters or supersedes the Agreement between the Confederated Tribes of the Grand Ronde Community of Oregon, the United States and the State of Oregon, recorded at OAR 635-041-0600, defining specified tribal hunting, fishing, trapping and gathering rights by the Grand Ronde Tribe and its members.

(3) Nothing in OAR 635-012 rules alters or supersedes the rights of any federally recognized Indian Tribe.

History

Statutory/Other Authority: ORS 506.119 & 506.129
Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012)
DFW 102-2012, f. & cert. ef. 8-6-12

Division 13 OCEAN SALMON AND STEELHEAD SPORT ANGLING REGULATIONS

Or. Admin. R. 635-013-0003 Purpose and Scope

(1) The purpose of Division 013 is to provide for management of recreational salmon fisheries off the Oregon Coast over which the State has jurisdiction.

(2) This rule incorporates by reference, the annual ocean recreational salmon specifications and management measures as adopted by the Pacific Fishery Management Council in its annual Ocean Salmon Management Measures and Impacts, as finalized in April 2026, and in addition to the extent they are consistent with these rules, Code of Federal Regulations (CFR), Title 50, Part 660, Subparts A and H.

(3) This rule also incorporates by reference the Oregon Sport Fishing Regulations.

(4) A copy of the Pacific Fishery Management Council referenced document, and the Federal Regulations may be obtained by contacting the Pacific Fishery Management Council at www.pcouncil.org or at 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384.

(5) To the extent not preempted by Federal law, these regulations apply within the State of Oregon’s Fisheries Conservation Zone (out to fifty miles from shore).

History

Statutory/Other Authority: ORS 496.138, ORS 506.119, ORS 496.162, ORS 506.129 & ORS 496.162
Statutes/Other Implemented: ORS 496.146, ORS 496.012 & ORS 506.109
DFW 32-2026, amend filed 04/27/2026, effective 04/27/2026
DFW 31-2025, amend filed 04/21/2025, effective 04/21/2025
DFW 29-2024, amend filed 04/23/2024, effective 04/23/2024
DFW 85-2023, temporary amend filed 08/25/2023, effective 09/01/2023 through 10/31/2023
DFW 84-2023, temporary amend filed 08/24/2023, effective 09/01/2023 through 10/31/2023
DFW 34-2023, amend filed 04/24/2023, effective 04/24/2023
DFW 45-2022, amend filed 05/10/2022, effective 05/10/2022
DFW 52-2021, amend filed 04/23/2021, effective 04/24/2021
DFW 25-2021, temporary amend filed 03/09/2021, effective 03/15/2021 through 05/15/2021
DFW 48-2020, temporary amend filed 04/27/2020, effective 05/05/2020 through 10/31/2020
DFW 44-2019, amend filed 04/22/2019, effective 04/22/2019
DFW 45-2017, f. & cert. ef. 4-24-17
DFW 33-2016, f. & cert. ef. 4-25-16
DFW 31-2015, f. & cert. ef. 4-27-15
DFW 78-2014, f. & cert. ef 6-24-14
DFW 61-2014, f. & cert. ef. 6-10-14
DFW 41-2014(Temp), f. & cert. ef. 5-8-14 thru 6-30-14
DFW 33-2013, f. & cert. ef. 5-14-13
DFW 28-2013(Temp), f. 4-25-13, cert. ef. 5-1-13 thru 5-15-13
DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 38-2012, f. 4-24-12, cert. ef. 5-1-12
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 34-2011, f. 4-27-11, cert. ef. 5-1-11
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 72-2010, f. & cert. ef. 5-25-10
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 52-2009, f. & cert. ef. 5-18-09
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 36-2008, f. 4-21-08, cert. ef. 5-1-08
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 24-2007, f. 4-16-07, cert. ef. 5-1-07
Reverted to DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 26-2006(Temp), f. 4-20-06, cert. ef. 5-1-06 thru 10-27-06
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 25-2005, f. & cert. ef. 4-15-05
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 32-2004, f. 4-22-04, cert. ef. 5-1-04
DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04
DFW 35-2003, f. 4-30-03, cert. ef. 5-1-03
DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03
DFW 28-2001, f. & cert. ef. 5-1-01
DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01
DFW 38-2000, f. & cert. ef. 7-3-00
DFW 31-1999, f. & cert. ef. 5-3-99
DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99
DFW 34-1998, f. & cert. ef. 5-4-98
FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98
FWC 72-1996, f. 12-21-96, cert. ef. 1-1-97
FWC 20-1996, f. & cert. ef. 4-29-96
FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96
FWC 34-1995, f. & cert. ef. 5-1-95
FWC 25-1994, f. & cert. ef. 5-2-94
FWC 31-1992, f. 4-29-92, cert. ef. 5-1-92
FWC 37-1990, f. & cert. ef. 5-1-90
Reverted to FWC 29-1989, f. 4-28-89, cert. ef. 5-1-89
FWC 52-1989(Temp), f. & cert. ef. 7-28-89
FWC 29-1989, f. 4-28-89, cert. ef. 5-1-89
FWC 44-1984(Temp), f. & ef. 8-23-84

Or. Admin. R. 635-013-0004 Inclusions and Modifications

(1) OAR 635-013-0005 through OAR 635-013-0009 modify or are in addition to provisions contained in Code of Federal Regulations, Title 50, Part 660, Subparts A and H. Additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency they supersede the current annual Oregon Sport Fishing Regulations.

(2) The Code of Federal Regulations (CFR), Title 50, Part 660, Subparts A and H, and the current annual Oregon Sport Fishing Regulations contain requirements for sport salmon angling in the Pacific Ocean off the Oregon coast. However, additional regulations may be adopted from time to time, and, to the extent of any inconsistency, they supersede the published federal regulations and the current annual Oregon Sport Fishing Regulations. This means that persons must consult not only the federal regulations and the published sport fishing regulations but also the Department's web page to determine all applicable sport fishing regulations.

(3) This rule contains requirements that modify sport salmon angling regulations off the Oregon coast. The following modifications are organized in sections that apply to the ocean sport salmon fishery in general and within management zones established by the Pacific Fishery Management Council and enacted by Federal Regulations (CFR, Title 50, Part 660, Subparts A and H).

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 62-2026, amend filed 06/30/2026, effective 06/30/2026
DFW 138-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 97-2019, temporary amend filed 07/11/2019, effective 09/16/2019 through 12/31/2019
DFW 96-2019, temporary amend filed 07/11/2019, effective 08/01/2019 through 09/15/2019
DFW 93-2019, temporary amend filed 06/28/2019, effective 07/16/2019 through 09/15/2019
DFW 91-2019, temporary amend filed 06/28/2019, effective 07/01/2019 through 07/15/2019
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 96-2008(Temp), f. & cert. ef. 8-15-08 thru 12-31-08
DFW 66-2008(Temp), f. 6-20-08, cert. ef. 6-21-08 thru 10-31-08
DFW 25-2008(Temp), f. 3-13-08, cert. ef. 3-15-08 thru 9-10-08
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 81-2007(Temp), f. 8-31-07, cert. ef. 9-2-07 thru 12-31-07
DFW 80-2007(Temp), f. 8-23-07, cert. ef. 8-25-07 thru 12-31-07
DFW 24-2007, f. 4-16-07, cert. ef. 5-1-07
Reverted to DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 90-2006(Temp), f. 8-25-06, cert. ef. 8-26-06 thru 12-31-06
DFW 87-2006(Temp), f. 8-18-06, cert. ef. 8-19-06 thru 12-31-06
DFW 67-2006(Temp), f. 7-25-06, cert. ef. 8-11-06 thru 12-31-06
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 106-2005(Temp), f. 9-14-05, cert. ef. 9-17-05 thru 12-31-05
DFW 103-2005(Temp), f. 9-7-05, cert. ef. 9-9-05 thru 12-31-05
DFW 81-2005(Temp), f. 7-25-05, cert. ef. 7-29-05 thru 12-31-05
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 93-2004(Temp), f. 9-2-04, cert. ef. 9-4-04 thru 12-31-04
DFW 80-2004(Temp), f. 8-12-04, cert. ef. 8-13-04 thru 12-31-04
DFW 75-2004(Temp), f. 7-20-04, cert. ef. 7-23-04 thru 12-31-04
DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04
DFW 78-2003(Temp), f. 8-14-03, cert .ef. 8-20-03 thru 12-31-03
DFW 69-2003(Temp), f. 7-21-03, cert. ef. 7-25-03 thru 12-31-03
DFW 35-2003, f. 4-30-03, cert. ef. 5-1-03
DFW 18-2003(Temp), f. 2-28-03, cert. ef. 3-1-03 thru 4-30-03
DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03
DFW 100-2002(Temp), f. & cert. ef. 9-6-02 thru 12-31-02
DFW 99-2002(Temp), f. 8-30-02, cert. ef. 9-2-02 thru 12-31-02
DFW 85-2002(Temp), f. 8-8-02, cert. ef. 8-11-02 thru 12-31-02
DFW 80-2002(Temp), f. 7-31-02, cert. ef. 8-1-02 thru 12-31-02
DFW 75-2002(Temp), f. 7-19-02, cert. ef. 7-21-02 thru 12-31-02
Reverted to DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01
DFW 59-2001(Temp), f. 7-18-01, cert. ef. 7-19-01 thru 10-31-01
Reverted to DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01
DFW 16-2001(Temp), f. 3-28-01, cert. ef. 4-1-01 thru 4-30-01
DFW 20-2002(Temp), f. 3-19-02, cert. ef. 4-1-01 thru 4-30-02
DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01
DFW 83-2000(Temp), f. 12-28-00, cert. ef. 1-1-01 thru 1-31-01
Reverted to DFW 24-2000, f. 4-28-00, cert. ef. 5-1-00
DFW 47-2000(Temp), f. 8-10-00, cert. ef. 8-13-00 thru 9-30-00
DFW 24-2000, f. 4-28-00, cert. ef. 5-1-00
DFW 16-2000(Temp), f. 3-31-00, cert. ef. 4-1-00 thru 4-30-00
Reverted to DFW 31-1999, f. & cert. ef. 5-3-99
DFW 66-1999(Temp), f. & cert. ef. 9-17-99 thru 9-30-99
DFW 61-1999(Temp), f. 8-31-99, cert. ef. 9-3-99 thru 9-17-99
DFW 31-1999, f. & cert. ef. 5-3-99
Reverted to DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99
DFW 20-1999(Temp), f. 3-29-99, cert. ef. 4-1-99 thru 4-30-99
DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99
Reverted to DFW 34-1998, f. & cert. ef. 5-4-98
DFW 66-1998(Temp), f. & cert. ef. 8-21-98 thru 9-24-98
DFW 59-1998(Temp), f. & cert. ef. 8-10-98 thru 8-21-98
DFW 34-1998, f. & cert. ef. 5-4-98
FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98
FWC 43-1997(Temp), f. 8-8-97, cert. ef. 8-10-97
FWC 30-1997, f. & cert. ef. 5-5-97
FWC 19-1997(Temp), f. 3-17-97, cert. ef. 4-15-97
FWC 72-1996, f. 12-21-96, cert. ef. 1-1-97
FWC 20-1996, f. & cert. ef. 4-29-96
FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96
FWC 39-1995, f. 5-10-95, cert. ef. 5-12-95
FWC 34-1995, f. & cert. ef. 5-1-95
FWC 25-1994, f. & cert. ef. 5-2-94
FWC 31-1992, f. 4-29-92, cert. ef. 5-1-92
FWC 29-1989, f. 4-28-89, cert. ef. 5-1-89

Or. Admin. R. 635-013-0005 Fishing from Columbia River South Jetty

From the first day ocean angling is allowed under OAR 635-013-0003 until the last day the season is open, bank fishing is authorized for salmon from both sides of the south jetty seven days a week. All other ocean salmon regulations apply in accordance with OAR 635-013-0003 and applicable federal regulations. In addition, both sides of the jetties are open seven days a week at any time fishing is open from Buoy 10 to the Astoria-Megler Bridge.

History

Statutory/Other Authority: ORS 496.148, 496.162, 506.119 & 506.129
Statutes/Other Implemented: ORS 496.148, 496.162, 506.119 & 506.129
FWC 39-1995, f. 5-10-95, cert. ef. 5-12-95
FWC 37-1990, f. & cert. ef. 5-1-90
FWC 29-1989, f. 4-28-89, cert. ef. 5-1-89
FWC 59-1988(Temp), f. & cert. ef. 7-22-88
FWC 55-1988(Temp), f. 7-8-88, cert. ef. 7-10-88
FWC 27-1988, f. 4-29-88, cert. ef. 5-1-88
FWC 66-1987(Temp), f. & cert. ef. 8-20-87
FWC 62-1987(Temp), f. 8-7-87, ef. 8-9-87
FWC 58-1987(Temp), f. & cert. ef. 7-24-87
FWC 51-1987(Temp), f. & cert. ef. 7-17-87
FWC 19-1987, f. & cert. ef. 5-7-87
FWC 45-1986(Temp), f. & cert. ef. 8-20-86
FWC 39-1986(Temp), f. & cert. ef. 8-12-86
FWC 32-1986(Temp), f. & cert. ef. 7-28-86
FWC 31-1986(Temp), f. & cert. ef. 7-25-86
FWC 13-1986, f. & cert. ef. 5-1-86
FWC 50-1985(Temp), f. & ef. 8-29-85
FWC 20-1985, f. & cert. ef. 5-1-85
FWC 38-1984(Temp), f. & cert. ef. 8-8-84
FWC 37-1984 (Temp), f. & cert. ef. 8-6-84
FWC 17-1984, f. & cert. ef. 4-30-84
FWC 16-1983, f. & cert. ef. 4-29-83
FWC 49-1982(Temp), f. & cert. ef. 7-26-82
FWC 48-1982(Temp), f. & cert. ef. 7-22-82
FWC 51-1982 (Temp), f. & cert. ef. 7-30-82
FWC 25-1982, f. & cert. ef. 4-30-82
FWC 41-1981, f. & ef. 10-30-81
FWC 16-1981, f. & ef. 4-24-81
FWC 70-1980, f. 12-31-80, ef. 1-1-81
FWC 65-1980(Temp), f. & ef. 11-10-80
FWC 62-1980(Temp), f. & ef. 10-31-80
FWC 17-1980, f. & cert. ef. 4-16-80
FWC 51-1979, f. & cert. ef. 11-1-79
FWC 56-1979, f. 11-27-79, ef. 1-1-80, Renumbered from 635-030-0101
FWC 38-1979(Temp), f. & cert. ef. 8-31-79
FWC 33-1979, f. & cert. ef. 8-22-79
FWC 18-1979(Temp), f. & cert. ef. 11-27-79
FWC 11-1979, f. & cert. ef. 3-20-79
FWC 65-1978, f. 12-29-78, cert. ef. 1-1-79

Or. Admin. R. 635-013-0007 Special South Coast Sport Fishing Seasons

In addition to the open seasons prescribed in OAR 635-013-0003 there are open seasons for Chinook salmon in the Elk River Area as follows:

(1) From November 1 through November 30 in all Pacific Ocean waters shoreward of a line drawn from Cape Blanco (42°50'20" N. Lat.) thence SW to Black Rock (42º49'24" N. Lat. 124º35'00" W. Long.), thence SSW to Best Rock (42º47'24" N. Lat. 124º35'42" W. Long.), thence SE to 42º40'30" N. Lat. 124º29'00" W. Long., thence to shore (Humbug Mountain);

(2) During the season described for the Elk River Area in section 1 of this rule it is unlawful to take Chinook salmon less than 24 inches in length. The daily bag limit is one Chinook. Terminal tackle is limited to no more than two single point barbless hooks. It is unlawful to use multipoint or barbed hooks.

History

Statutory/Other Authority: ORS 496.138, ORS 496.146 & ORS 506.119
Statutes/Other Implemented: ORS 496.162 & ORS 506.129
DFW 96-2023, amend filed 09/19/2023, effective 09/19/2023
DFW 44-2019, amend filed 04/22/2019, effective 04/22/2019
DFW 53-2018, amend filed 04/24/2018, effective 04/24/2018
DFW 132-2017, amend filed 10/17/2017, effective 10/17/2017
DFW 45-2017, f. & cert. ef. 4-24-17
DFW 33-2016, f. & cert. ef. 4-25-16
DFW 31-2015, f. & cert. ef. 4-27-15
DFW 78-2014, f. & cert. ef 6-24-14
DFW 61-2014, f. & cert. ef. 6-10-14
DFW 50-2013, f. 6-10-13, cert. ef. 7-1-13
DFW 62-2012, f. 6-12-12, cert. ef. 7-1-12
Reverted to DFW 83-2011, f. 6-30-11, cert. ef. 7-1-11
DFW 151-2011(Temp), f. 10-27-11, cert. ef. 11-1-11 thru 11-30-11
DFW 83-2011, f. 6-30-11, cert. ef. 7-1-11
DFW 76-2010, f. 6-8-10, cert. ef. 8-1-10
Reverted to DFW 52-2009, f. & cert. ef. 5-18-09
DFW 87-2009(Temp), f. 7-31-09, cert. ef. 8-1-09 thru 12-31-09
DFW 52-2009, f. & cert. ef. 5-18-09
Reverted to DFW 28-2001, f. & cert. ef. 5-1-01
DFW 121-2008(Temp), f. & cert. ef. 10-2-08 thru 12-31-08
DFW 67-2008(Temp), f. 6-20-08, cert. ef. 8-1-08 thru 12-31-08
DFW 28-2001, f. & cert. ef. 5-1-01
DFW 24-2000, f. 4-28-00, cert. ef. 5-1-00
DFW 31-1999, f. & cert. ef. 5-3-99
DFW 34-1998, f. & cert. ef. 5-4-98
FWC 30-1997, f. & cert. ef. 5-5-97
FWC 56-1996, f. 9-27-96, cert. ef. 10-1-96
Reverted to FWC 81-1995, f. 9-29-95, cert. ef. 10-1-95
FWC 86-1995(Temp), f. 10-20-95, cert. ef. 10-21-95
FWC 84-1995(Temp), f. 10-13-95, cert. ef. 10-16-95
FWC 81-1995, f. 9-29-95, cert. ef. 10-1-95
Reverted to FWC 56-1994, f. 8-30-94, cert. ef. 9-1-94
FWC 78-1994(Temp), f. 10-20-94, cert. ef. 10-21-94
FWC 56-1994, f. 8-30-94, cert. ef. 9-1-94
FWC 62-1993, f. & cert. ef. 10-1-93
Reverted to FWC 101-1992, f. 9-29-92, cert. ef. 10-1-92
FWC 114-1992(Temp), f. 10-26-92, cert. ef. 10-27-92
FWC 101-1992, f. 9-29-92, cert. ef. 10-1-92
FWC 42-1991, f. 4-29-91, cert. ef. 5-1-91
FWC 86-1990, f. 8-24-90, cert. ef. 9-1-90
FWC 83-1989, f. 8-31-89, cert. ef. 9-16-89
FWC 84-1988, f. & cert. ef. 9-9-88
FWC 76-1987, f. & ef. 9-15-87
Reverted to FWC 25-1982, f. & ef. 4-30-82
FWC 77-1986(Temp), f. & ef. 11-26-86
FWC 59-1986(Temp), f. & ef. 9-19-86
Reverted to FWC 25-1982, f. & ef. 4-30-82
FWC 59-1985(Temp), f. & ef. 9-13-85
Reverted to FWC 25-1982, f. & ef. 4-30-82
FWC 69-1984(Temp), f. & ef. 10-2-84
Reverted to FWC 25-1982, f. & ef. 4-30-82
FWC 62-1983(Temp), f. & ef. 11-1-83
FWC 25-1982, f. & ef. 4-30-82

Or. Admin. R. 635-013-0009 Tillamook Terminal Area Ocean Fishery

[Reserved]

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162 & 506.129
DFW 50-2013, f. 6-10-13, cert. ef. 7-1-13
Reverted to DFW 83-2011, f. 6-30-11, cert. ef. 7-1-11
DFW 132-2011(Temp), f. 9-20-11, cert. ef. 10-1-11 thru 10-31-11
DFW 83-2011, f. 6-30-11, cert. ef. 7-1-11
DFW 76-2010, f. 6-8-10, cert. ef. 8-1-10
DFW 33-2010(Temp), f. 3-12-10, cert. ef. 3-15-10 thru 9-10-10
Reverted to DFW 24-2007, f. 4-16-07, cert. ef. 5-1-07
DFW 87-2009(Temp), f. 7-31-09, cert. ef. 8-1-09 thru 12-31-09
DFW 27-2009(Temp), f. 3-11-09, cert. ef. 3-15-09 thru 9-10-09
Reverted to DFW 24-2007, f. 4-16-07, cert. ef. 5-1-07
DFW 67-2008(Temp), f. 6-20-08, cert. ef. 8-1-08 thru 12-31-08
DFW 25-2008(Temp), f. 3-13-08, cert. ef. 3-15-08 thru 9-10-08
DFW 24-2007, f. 4-16-07, cert. ef. 5-1-07
DFW 25-2005, f. & cert. ef. 4-15-05
DFW 35-2003, f. 4-30-03, cert. ef. 5-1-03
DFW 18-2003(Temp), f. 2-28-03, cert. ef. 3-1-03 thru 4-30-03
DFW 37-2002, f. & cert. ef. 4-23-02
DFW 28-2001, f. & cert. ef. 5-1-01
DFW 24-2000, f. 4-28-00, cert. ef. 5-1-00
DFW 31-1999, f. & cert. ef. 5-3-99
DFW 34-1998, f. & cert. ef. 5-4-98
FWC 30-1997, f. & cert. ef. 5-5-97
FWC 19-1997(Temp), f. 3-17-97, cert. ef. 4-15-97
FWC 20-1996, f. & cert. ef. 4-29-96
FWC 34-1995, f. & cert. ef. 5-1-95
FWC 42-1991, f. 4-29-91, cert. ef. 5-1-91
FWC 86-1990, f. 8-24-90, cert. ef. 9-1-90
FWC 83-1989, f. 8-31-89, cert. ef. 9-16-89
FWC 84-1988, f. & cert. ef. 9-9-88
FWC 76-1987, f. & ef. 9-15-87
FWC 59-1986(Temp), f. & ef. 9-19-86
FWC 59-1985(Temp), f. & ef. 9-13-85
FWC 64-1984(Temp), f. & ef. 9-21-84
FWC 57-1984(Temp), f. & ef. 9-15-84
FWC 45-1983(Temp), f. & ef. 9-16-84

Division 14 NORTHWEST ZONE SPORT ANGLING REGULATIONS

Or. Admin. R. 635-014-0080 Purpose and Scope

(1) The purpose of Division 014 is to provide for management of sport fisheries in the Northwest Zone over which the State has jurisdiction.

(2) Division 014 incorporates by reference the Oregon Sport Fishing Regulations. Therefore, persons must consult the most current version of the annual 2026 or 2027 Oregon Sport Fishing Regulations in addition to Division 011 and Division 014 to determine all applicable sport fishing requirements for the Northwest Zone.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 139-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04
DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03
DFW 26-2002, f. & cert. ef. 3-21-02
DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02
DFW 85-2001(Temp), f. & cert. ef. 8-30-01 thru 12-31-01
DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01
DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00
DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99
FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98
FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97
FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96
FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95
FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94, Renumbered from 635-014-0105, 635-014-0110, 635-014-0120, 635-014-0125, 635-014-0130, 635-014-0135, 635-014-0140, 635-014-0145, 635-014-0150, 635-014-0155, 635-014-0160, 635-014-0165, 635-014-0170, 635-014-0175, 635-014-0180, 635-014-0185, 635-014-0190, 635-014-0195, 635-014-0200, 635-014-0205, 635-014-0210, 635-014-0215 635-014-0220, 635-014-0225, 635-014-0230, 635-014-0235, 635-014-0240, 635-014-0245, 635-014-0250, 635-014-0255, 635-014-0257, 635-014-0260, 635-014-0265, 635-014-0270, 635-014-0275, 635-014-0280, 635-014-0285, 635-014-0285, 635-014-0290, 635-014-0295, 635-014-0300, 635-014-0305, 635-014-0310, 635-014-0312, 635-014-0315, 635-014-0320, 635-014-0325, 635-014-0335, 635-014-0340, 635-014-0345, 635-014-0350, 635-014-0355, 635-014-0360, 635-014-0365, 635-014-0370, 635-014-0375, 635-014-0380, 635-014-0385, 635-014-0390, 635-014-0395, 635-014-0400, 635-014-0405, 635-014-0410, 635-014-0415, 635-014-0420, 635-014-0425, 635-014-0430, 635-014-0432, 635-014-0433, 635-014-0435, 635-014-0440, 635-014-0445, 635-014-0450, 635-014-0455, 635-014-0460
FWC 68-1993(Temp), f. 10-29-93, cert. ef. 11-1-93
FWC 40-1993(Temp), f. 6-18-93, cert. ef. 7-1-93
FWC 35-1993(Temp), f. 5-27-93, cert. ef. 7-1-93
FWC 28-1993(Temp), f. & cert. ef. 4-26-93
FWC 129-1992, f. 12-21-92, cert. ef. 1-1-93
FWC 127-1992, f. 12-10-92, cert. ef. 12-21-92
FWC 108-1992(Temp), f. & cert. ef. 10-17-92
FWC 30-1992(Temp), f. & cert. ef. 4-27-92
FWC 143-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 41-1991, f. 4-25-91, cert. ef. 4-26-91
FWC 34-1991(Temp), f. 3-29-91, cert. ef. 4-16-91
Reverted to FWC 1-1990, f. & cert. ef. 1-10-90
FWC 74-1990(Temp), f. 8-1-90, cert. ef. 8-15-90
FWC 1-1990, f. & cert. ef. 1-10-90
FWC 126-1989, f. 12-29-89, cert. ef. 1-1-90
FWC 24-1988, f. & cert. ef. 4-4-88
FWC 110-1987(Temp), f. 12-31-87, ef. 1-1-88
FWC 86-1985, f. 12-31-85, ef. 1-1-86
FWC 61-1985(Temp), f. & ef. 9-13-85
Reverted to FWC 2-1984, f. & ef. 1-10-84
FWC 82-1984(Temp), f. 12-12-84, ef. 1-1-85
FWC 67-1984(Temp), f. & ef. 10-1-84
FWC 62-1984(Temp), f. & ef. 9-21-84
FWC 57-1984(Temp), f. & ef. 9-15-84
FWC 2-1984, f. & ef. 1-10-84
FWC 57-1983(Temp), f. & ef. 10-17-83
FWC 45-1983(Temp), f. & ef. 9-16-83
FWC 83-1982, f. 12-30-82, ef. 1-1-83
FWC 79-1982(Temp), f. 11-4-82, ef. 11-5-82
FWC 11-1982, f. & ef. 2-9-82

Or. Admin. R. 635-014-0090 Inclusions and Modifications

Thecurrent annual Oregon Sport Fishing Regulations provide requirements for the Northwest Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the current annual Oregon Sport Fishing Regulations pamphlet.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 107-2023, temporary amend filed 10/06/2023, effective 10/07/2023 through 12/07/2023
DFW 82-2023, temporary amend filed 08/18/2023, effective 08/18/2023 through 12/07/2023
DFW 59-2023, temporary amend filed 07/01/2023, effective 07/01/2023 through 12/07/2023
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 143-2022, temporary amend filed 10/17/2022, effective 10/18/2022 through 12/31/2022
DFW 112-2022, temporary amend filed 08/19/2022, effective 09/10/2022 through 12/31/2022
DFW 85-2022, temporary amend filed 07/11/2022, effective 08/01/2022 through 12/31/2022
DFW 78-2022, temporary amend filed 06/30/2022, effective 08/01/2022 through 12/31/2022
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 164-2021, temporary amend filed 10/13/2021, effective 10/14/2021 through 10/15/2021
DFW 150-2021, temporary amend filed 09/23/2021, effective 10/01/2021 through 10/15/2021
DFW 143-2021, temporary amend filed 09/15/2021, effective 09/15/2021 through 12/31/2021
DFW 142-2021, amend filed 09/14/2021, effective 09/15/2021
DFW 131-2021, temporary amend filed 09/03/2021, effective 09/03/2021 through 09/30/2021
DFW 118-2021, temporary amend filed 08/10/2021, effective 08/16/2021 through 09/30/2021
DFW 92-2021, temporary amend filed 06/30/2021, effective 07/01/2021 through 09/30/2021
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 95-2020, temporary amend filed 07/28/2020, effective 08/01/2020 through 12/31/2020
DFW 45-2020, temporary amend filed 04/23/2020, effective 05/01/2020 through 07/31/2020
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 174-2019, temporary amend filed 12/11/2019, effective 12/13/2019 through 12/31/2019
DFW 168-2019, temporary amend filed 12/04/2019, effective 12/07/2019 through 12/31/2019
DFW 97-2019, temporary amend filed 07/11/2019, effective 09/16/2019 through 12/31/2019
DFW 96-2019, temporary amend filed 07/11/2019, effective 08/01/2019 through 09/15/2019
DFW 93-2019, temporary amend filed 06/28/2019, effective 07/16/2019 through 09/15/2019
DFW 91-2019, temporary amend filed 06/28/2019, effective 07/01/2019 through 07/15/2019
DFW 82-2019, temporary amend filed 06/21/2019, effective 07/16/2019 through 09/15/2019
DFW 81-2019, temporary amend filed 06/21/2019, effective 07/01/2019 through 07/15/2019
DFW 70-2019, temporary amend filed 06/10/2019, effective 06/13/2019 through 07/15/2019
DFW 177-2018, temporary amend filed 11/15/2018, effective 11/17/2018 through 12/31/2018
DFW 175-2018, temporary amend filed 11/08/2018, effective 11/10/2018 through 12/31/2018
DFW 174-2018, temporary amend filed 10/31/2018, effective 11/01/2018 through 12/31/2018
DFW 168-2018, temporary amend filed 10/26/2018, effective 11/01/2018 through 12/31/2018
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 120-2018, temporary amend filed 08/22/2018, effective 10/16/2018 through 12/31/2018
DFW 119-2018, temporary amend filed 08/22/2018, effective 10/15/2018 through 10/15/2018
DFW 70-2018, temporary amend filed 06/19/2018, effective 08/01/2018 through 10/15/2018
DFW 69-2018, temporary amend filed 06/13/2018, effective 06/18/2018 through 07/31/2018
DFW 39-2018, temporary amend filed 04/06/2018, effective 05/01/2018 through 07/31/2018
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 4-2017, f. & cert. ef. 1-25-17
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 128-2016(Temp), f. 9-29-16, cert. ef. 10-1-16 thru 12-31-16
DFW 125-2016(Temp), f. 9-26-16, cert. ef. 10-1-16 thru 12-31-16
DFW 105-2016, f. & cert. ef. 8-10-16
DFW 102-2016(Temp), f. 8-3-16, cert. ef. 8-4-16 thru 12-31-16
DFW 96-2016(Temp), f. 7-28-16, cert. ef. 8-1-16 thru 12-31-16
DFW 43-2016(Temp), f. 4-27-16, cert. ef. 5-1-16 thru 9-30-16
DFW 24-2016(Temp), f. 3-30-16, cert. ef. 4-1-16 thru 9-27-16
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 142-2015(Temp), f. & cert. ef. 10-16-15 thru 12-31-15
DFW 120-2015(Temp), f. 8-31-15, cert. ef. 9-1-15 thru 12-31-15
DFW 118-2015(Temp), f. 8-28-15, cert. ef. 9-1-15 thru 12-31-15
DFW 94-2015(Temp), f. 7-27-15, cert. ef. 8-1-15 thru 12-31-15
DFW 88-2015(Temp), f. 7-16-15, cert. ef. 7-18-15 thru 12-31-15
DFW 75-2015(Temp), f. 6-23-15, cert. ef. 6-24-15 thru 7-31-15
DFW 73-2015, f. 6-22-15, cert. ef. 6-23-15
DFW 23-2015(Temp), f. & cert. ef. 4-1-15 thru 7-31-15
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 148-2014(Temp), f. 10-13-14, cert. ef. 10-15-14 thru 12-31-14
DFW 133-2014(Temp), f. 9-16-14 & cert. ef. 9-17-14 thru 12-31-14
DFW 111-2014(Temp), f. & cert. ef. 8-4-14 thru 9-30-14
DFW 110-2014, f. & cert. ef. 8-4-14
DFW 74-2014(Temp), f. 6-23-14, cert. ef. 6-30-14 thru 9-30-14
DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 60-2013(Temp), f. 6-24-13, cert. ef. 6-30-13 thru 9-30-13
DFW 50-2013, f. 6-10-13, cert. ef. 7-1-13
DFW 43-2013(Temp), f. 5-29-13, cert. ef. 6-1-13 thru 10-31-13
DFW 23-2013(Temp), f. 3-20-13, cert. ef. 4-1-13 thru 9-27-13
DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 139-2012(Temp), f. 10-30-12, cert. ef. 10-31-12 thru 12-31-12
DFW 135-2012(Temp), f. 10-22-12, cert. ef. 10-24-12 thru 12-31-12
DFW 130-2012(Temp), f. 10-10-12, cert. ef. 10-13-12 thru 12-31-12
DFW 71-2012(Temp), f. 6-27-12, cert. ef. 7-1-12 thru 11-30-12
DFW 63-2012(Temp), f. & cert. ef. 6-12-12 thru 10-31-12
DFW 62-2012, f. 6-12-12, cert. ef. 7-1-12
DFW 53-2012(Temp), f. 5-29-12, cert. ef. 6-1-12 thru 10-31-12
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 148-2011(Temp), f. 10-20-11, cert. ef. 10-21-11 thru 12-31-11
DFW 143-2011(Temp), f. 10-10-11, cert. ef. 10-11-11 thru 12-31-11
DFW 141-2011(Temp), f. 10-6-11, cert. ef. 10-10-11 thru 12-31-11
DFW 139-2011(Temp), f. 10-3-11, cert. ef. 10-6-11 thru 12-31-11
DFW 83-2011, f. 6-30-11, cert. ef. 7-1-11
DFW 57-2011(Temp), f. 5-27-11, cert. ef. 6-1-11 thru 6-30-11
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 89-2010(Temp), f. 6-28-10, cert. ef. 7-1-10 thru 9-30-10
DFW 76-2010, f. 6-8-10, cert. ef. 8-1-10
DFW 73-2010(Temp), f. 5-27-10, cert. ef. 6-1-10 thru 9-30-10
DFW 44-2010(Temp), f. 4-20-10, cert. ef. 4-21-10 thru 9-30-10
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 115-2009(Temp), f. & cert. ef. 9-22-09 thru 12-31-09
DFW 99-2009(Temp), f. 8-26-09, cert. ef. 9-1-09 thru 12-31-09
DFW 87-2009(Temp), f. 7-31-09, cert. ef. 8-1-09 thru 12-31-09
DFW 67-2009(Temp), f. 6-9-09, cert. ef. 6-15-09 thru 10-31-09
DFW 43-2009(Temp), f. 5-5-09, cert. ef. 5-22-09 thru 10-31-09
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 67-2008(Temp), f. 6-20-08, cert. ef. 8-1-08 thru 12-31-08
DFW 25-2008(Temp), f. 3-13-08, cert. ef. 3-15-08 thru 9-10-08
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 63-2007(Temp), f. 8-6-07, cert. ef. 8-11-07 thru 12-31-07
DFW 24-2007, f. 4-16-07, cert. ef. 5-1-07
DFW 104-2006(Temp), f. 9-19-06, cert. ef. 10-1-06 thru 12-31-06
DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07
DFW 64-2006(Temp), f. 7-17-06, cert. ef. 8-1-06 thru 12-31-06
DFW 53-2006(Temp), f. 6-29-06, cert. ef. 7-1-06 thru 7-9-06
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 127-2005(Temp), f. & cert. ef. 11-23-05 thru 12-31-05
DFW 105-2005(Temp), f. 9-12-05, cert. ef. 10-1-05 thru 12-15-05
DFW 62-2005(Temp), f. 6-29-05, cert. ef. 7-1-05 thru 7-10-05
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 111-2004(Temp), f. 11-16-04, cert. ef. 11-20-04 thru 12-31-04
DFW 108-2004(Temp), f. & cert. ef. 10-18-04 thru 12-31-04
DFW 103-2004(Temp), f. & cert, ef, 10-4-04 thru 12-31-04
DFW 90-2004(Temp), f. 8-30-04, cert. ef. 10-1-04 thru 12-31-04
DFW 60-2004(Temp), f. 6-29-04, cert. ef 7-1-04 thru 7-15-04
DFW 126-2003(Temp), f. 12-11-03, cert. ef. 1-1-04 thru 3-31-04
DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04
DFW 123-2003(Temp), f. 12-10-03, cert. ef. 12-11-03 thru 12-31-03
DFW 108-2003(Temp), f. 10-28-03, cert. ef. 12-1-03 thru 3-31-04
DFW 90-2003(Temp), f. 9-12-03 cert. ef. 9-13-03 thru 12-31-03
DFW 51-2003(Temp), f. & cert. ef. 6-13-03 thru 10-31-03
DFW 38-2003(Temp), f. 5-7-03, cert. ef. 5-10-03 thru 10-31-03
DFW 18-2003(Temp), f. 2-28-03, cert. ef. 3-1-03 thru 4-30-03
DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03
DFW 120-2002(Temp), f. 10-24-02, cert. ef. 10-26-02 thru 3-31-03
DFW 118-2002(Temp), f, 10-22-02, cert. ef. 12-1-02 thru 3-31-03
DFW 101-2002(Temp), f. & cert. ef. 10-3-02 thru 11-1-02
DFW 91-2002(Temp), f. 8-19-02, cert. ef 8-20-02 thru 11-1-02
DFW 37-2002, f. & cert. ef. 4-23-02
DFW 26-2002, f. & cert. ef. 3-21-02
DFW 5-2002(Temp), f. 1-11-02 cert. ef. 1-12-02 thru 7-11-02
DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02
DFW 90-2001(Temp), f. 9-14-01, cert. ef. 9-15-01 thru 12-31-01
DFW 85-2001(Temp), f. & cert. ef. 8-30-01 thru 12-31-01
DFW 81-2001, f. & cert. ef. 8-29-01
DFW 72-2001(Temp), f. 8-10-01, cert. ef. 8-16-01 thru 12-31-01
DFW 40-2001(Temp), f. & cert. ef. 5-24-01 thru 11-20-01
DFW 28-2001, f. & cert. ef. 5-1-01
DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01
DFW 83-2000(Temp), f. 12-28-00, cert. ef. 1-1-01 thru 1-31-01
DFW 24-2000, f. 4-28-00, cert. ef. 5-1-00
DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00
DFW 36-1999, f. & cert. ef. 5-20-99
DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99
DFW 69-1998, f. 8-28-98, cert. ef. 9-1-98
DFW 34-1998, f. & cert. ef. 5-4-98
DFW 12-1998(Temp), f. & cert. ef. 2-24-98 thru 4-24-98
FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98
FWC 58-1997, f. 9-8-97, cert. ef. 10-1-97
FWC 30-1997, f. & cert. ef. 5-5-97
FWC 5-1997, f. & cert. ef. 2-4-97
FWC 73-1996(Temp), f. 12-31-96, cert. ef. 1-1-97
FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97
FWC 55-1996(Temp), f. 9-25-96, cert. ef. 10-1-96
FWC 46-1996, f. & cert. ef. 8-23-96
FWC 29-1996, f. & cert. ef. 5-31-96
FWC 20-1996, f. & cert. ef. 4-29-96
FWC 19-1996, f. & cert. ef. 5-16-96
FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96
FWC 39-1995, f. 5-10-95, cert. ef. 5-12-95
FWC 34-1995, f. & cert. ef. 5-1-95
FWC 28-1995(Temp), f. 3-31-95, cert. ef. 5-1-95
FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95
FWC 65-1994(Temp), f. 9-15-94, cert. ef. 9-17-94
FWC 31-1994, f. 5-26-94, cert. ef. 6-20-94
FWC 21-1994(Temp), f. 4-22-94, cert. ef. 4-25-94
FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94

Or. Admin. R. 635-014-0500 North Coast District

(1) The current annual Oregon Sport Fishing Regulations provide requirements for the Northwest Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the current annual Oregon Sport Fishing Regulations.

(2) In the Necanicum River from the mouth to Hwy 53 bridge at Necanicum Jct including Neawanna Cr tidewater below 12th Ave Bridge:

(a) Effective August 1 through November 30:

(A) The daily adult wild Chinook salmon bag limit is one fish; and

(B) No more than five adult wild Chinook salmon may be retained for the period.

(b) Effective December 1 through December 31, angling for, and retention of, all Chinook salmon is closed.

(3) In the Nehalem River (Mainstem) and Bay up to Foss Rd (CC) Bridge (RM 15.1) and in the North Fork Nehalem River from the mouth to Hwy 53 bridge:

(a) Effective July 1 through November 30:

(A) The daily adult wild Chinook salmon bag limit is one fish; and

(B) No more than five adult wild Chinook salmon may be retained in aggregate for the period.

(b) Effective December 1 through December 31, angling for, and retention of, all Chinook salmon is closed.

(4) In the Nehalem River (Mainstem) and Bay from the tips of the jetties upstream to the Miami-Foley Road Bridge and in the North Fork Nehalem River from the mouth upstream to the North Fork Road Bridge at Aldervale, effective September 9 through October 28, 2026, on Wednesdays, Saturdays, and Sundays:

(a) The daily adult wild coho salmon bag limit is one fish in aggregate;

(b) No more than three adult wild coho salmon may be retained for the period in aggregate; and

(5) In the Tillamook Bay from the tips of the jetties upstream to Hwy 101 bridges on Kilchis, Miami, Wilson, and Trask Rivers, and Burton Bridge on the Tillamook River, Tillamook River above Burton Bridge, Wilson River (Mainstem) from Hwy 101 bridge to Jordan Creek, Trask River (Mainstem) from Hwy 101 bridge to confluence of North and South Forks, Kilchis River from Hwy 101 bridge to Tilden Bluff Rd Bridge (RM 11), and Miami River above Hwy 101 bridge:

(a) Effective August 1 through November 30:

(A) The daily adult wild Chinook salmon bag limit is one fish in aggregate; and

(B) No more than five adult wild Chinook salmon may be retained for the period in aggregate.

(b) Effective December 1 through December 31, angling for, and retention of all Chinook salmon is closed.

(6) In Tillamook Bay from the tips of the jetties upstream to the Highway 101 bridges on the Miami, Kilchis, Wilson, and Trask Rivers and upstream to the Burton Bridge on the Tillamook River, effective September 9 through October 28, 2026, on Wednesday, Saturdays, and Sundays:

(a) The daily adult wild coho salmon bag limit is one fish in aggregate;

(b) No more than three adult wild coho salmon may be retained for the period in aggregate; and

(7) In the Nestucca River and Bay up to First Bridge (near Beaver), the Little Nestucca River from Hwy 101 to USFS bridge at Dolph, and Three Rivers from the mouth to hatchery deadline and above the hatchery weir:]

(a) Effective August 1 through November 30, in the Nestucca River and Bay up to First Bridge (near Beaver), the Little Nestucca River from Hwy 101 to USFS bridge at Dolph, and the Three Rivers above the hatchery weir:

(A) The daily adult wild Chinook salmon bag limit is one fish in aggregate; and

(B) No more than two adult wild Chinook salmon may be retained for the period in aggregate.

(b) Effective October 1 through November 30, in the Three Rivers from the mouth to hatchery deadline:

(A) The daily adult wild Chinook salmon bag limit is one fish in aggregate; and

(B) No more than two adult wild Chinook salmon may be retained for the period in aggregate.

(8) In the Nestucca River and Bay upstream to the Cloverdale Bridge and in the Little Nestucca River from the Nestucca Bay upstream to the Highway 130 bridge (MP 1.2), effective September 9 through October 28, 2026, on Wednesdays, Saturdays, and Sundays:

(a) The daily adult wild coho salmon bag limit is one fish in aggregate;

(b) No more than three adult wild coho salmon may be retained for the period in aggregate; and

(9) All other permanent rules for the Northwest Zone, as stated in the current annual Oregon Sport Fishing Regulations, remain in effect.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 62-2026, amend filed 06/30/2026, effective 06/30/2026
DFW 98-2025, temporary amend filed 10/07/2025, effective 10/08/2025 through 12/31/2025
DFW 97-2025, temporary amend filed 10/07/2025, effective 10/08/2025 through 12/31/2025
DFW 75-2025, amend filed 08/20/2025, effective 08/20/2025
DFW 45-2025, amend filed 06/16/2025, effective 07/01/2025
DFW 45-2024, amend filed 06/17/2024, effective 06/17/2024
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Or. Admin. R. 635-014-0510 Mid-Coast District

(2) In the Salmon River from the mouth to Knight Park boat ramp and from Knight Park boat ramp to the bridge near MP 9 on Hwy 18, effective August 1 through December 31, no more than ten adult wild Chinook salmon may be retained for the period.

(3) In the Siletz River and Bay up to the marker sign approximately 1200 feet above Ojalla Bridge and from the marker sign approximately 1200 feet above the Ojalla Bridge to Illahee boat ramp, Drift Creek (Siletz Basin, Lincoln Co.) from the mouth to the steel bridge entering Mennonite Camp, and Schooner Creek from the mouth to Erickson Creek, effective August 1 through December 31:

(a) No more than ten adult wild Chinook salmon may be retained for the period in aggregate.

(b) Effective August 1 though December 31, Chinook retention is allowed from the Siletz River and Bay up to the marker sign approx. 1200 feet above the Ojalla Bridge, Drift Creek (Siletz Basin, Lincoln Co.) from the mouth to steel bridge entering Mennonite Camp, and Schooner Creek from the mouth to Erickson Creek.

(c) Effective October 7 through December 31, Chinook retention is allowed from the Siletz River and Bay up to the marker sign approx. 1200 feet above the Ojalla Bridge and from the marker sign approx. 1200 feet above the Ojalla Bridge to Illahee boat ramp, Drift Creek (Siletz Basin, Lincoln Co.) from the mouth to the steel bridge entering Mennonite Camp, and Schooner Creek from the mouth to Erickson Creek.

(4) In the Siletz River and Bay up to the marker sign approximately 1200 feet above the Ojalla Bridge and from the marker sign approximately 1200 feet above the Ojalla Bridge to Illahee boat ramp, Drift Creek (Siletz Basin, Lincoln Co.), and Schooner Creek from the mouth to Erickson Creek:

(a) Effective September 19 through November 7:

(A) The daily adult wild coho salmon bag limit is one fish in aggregate;

(B) No more than three adult wild coho salmon may be retained for the period in aggregate; and

(b) Effective September 19 through October 6, coho retention is allowed from the Siletz River and Bay up to the marker sign approx. 1200 feet above the Ojalla Bridge, Drift Creek (Siletz Basin, Lincoln Co.) from the mouth to the steel bridge entering Mennonite Camp, and Schooner Creek from the mouth to Erickson Creek.

(c) Effective October 7 through November 7, coho retention is allowed from the Siletz River and Bay up to the marker sign approx. 1200 feet above the Ojalla Bridge and from the marker sign approx. 1200 ft above the Ojalla Bridge to Illahee boat ramp, Drift Creek (Siletz Basin, Lincoln Co.) from the mouth to the steel bridge entering Mennonite Camp, and Schooner Creek from the mouth to Erickson Creek.

(5) In the Yaquina River and Bay from the visible ends of jetty tips to Simpson Creek and Big Elk Creek from the mouth to Bear Creek:

(a) Effective August 1 through December 31, no more than ten adult wild Chinook salmon may be retained for the period in aggregate.

(b) Effective September 19 through October 25 and November 1 through November 7, 2026:

(A) The daily adult wild coho salmon bag limit is one fish in aggregate;

(B) No more than three adult wild coho salmon may be retained for the period in aggregate; and

(6) In the Alsea River (Mainstem) and Bay up to the USFS River Edge Boat Landing and Drift Creek (Alsea Basin, Lincoln Co.) from the mouth to lower Wilderness Boundary (RM 10), effective August 1 through December 31, no more than ten adult wild Chinook salmon may be retained for the period in aggregate.

(7) In the Yachats River from the mouth to North Fork Yachats River, effective August 1 through December 31:

(a) The daily adult wild Chinook salmon bag limit is one fish; and

(b) No more than two adult wild Chinook salmon may be retained for the period.

(8) In Beaver Creek (Lincoln Co.) from the walking bridge at Ona Beach State Park upstream to the confluence of Beaver Creek and South Fork Beaver Creek, effective November 1 through November 30, 2026:

(a) The daily adult wild coho salmon bag limit is one fish;

(b) No more than three adult wild coho salmon may be retained for the period; and

(9) In the Siuslaw River (Mainstem) and Bay up to Lake Creek, North Fork Siuslaw River from the mouth to Meadows Bridge at MP 11, and Sweet Creek from the mouth to head of tidewater:

(a) Effective August 1 through December 31:

(A) The daily adult wild Chinook salmon bag limit is one fish in aggregate; and

(B) No more than five adult wild Chinook salmon may be retained for the period in aggregate.

(b) Effective September 19 through October 13, 2026:

(A) The daily adult wild coho salmon bag limit is one fish in aggregate;

(B) No more than three adult wild coho salmon may be retained for the period in aggregate; and

(10) All other permanent rules for the Northwest Zone, as stated in the current annual Oregon Sport Fishing Regulations, remain in effect.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 62-2026, amend filed 06/30/2026, effective 06/30/2026
DFW 98-2025, temporary amend filed 10/07/2025, effective 10/08/2025 through 12/31/2025
DFW 97-2025, temporary amend filed 10/07/2025, effective 10/08/2025 through 12/31/2025
DFW 75-2025, amend filed 08/20/2025, effective 08/20/2025
DFW 63-2024, temporary amend filed 07/31/2024, effective 08/01/2024 through 12/31/2024
DFW 45-2024, amend filed 06/17/2024, effective 06/17/2024
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Division 16 SOUTHWEST ZONE SPORT ANGLING REGULATIONS

Or. Admin. R. 635-016-0080 Purpose and Scope

(1) The purpose of Division 016 is to provide for management of sport fisheries in the Southwest Zone over which the State has jurisdiction.

(2) Division 016 incorporates by reference the most current version of the annual 2026 or 2027 Oregon Sport Fishing Regulations. Therefore, persons must consult the current annual Oregon Sport Fishing Regulations in addition to Division 011 and Division 016 to determine all applicable sport fishing requirements for the Southwest Zone.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 140-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04
DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03
DFW 26-2002, f. & cert. ef. 3-21-02
DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02
DFW 85-2001(Temp), f. & cert. ef. 8-30-01 thru 12-31-01
DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01
DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00
DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99
FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98
FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97
FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96
FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95
FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94, Renumbered from 635-016-0126, 635-016-0130, 635-016-0135, 635-016-0140, 635-016-0145, 635-016-0150, 635-016-0155, 635-016-0160, 635-016-0165, 635-016-0170, 635-016-0175, 635-016-0180, 635-016-0185, 635-016-0190, 635-016-0195, 635-016-0200, 635-016-0205, 635-016-0210, 635-016-0215, 635-016-0220, 635-016-0225, 635-016-0230, 635-016-0235, 635-016-0240, 635-016-0245, 635-016-0250, 635-016-0255, 635-016-0260, 635-016-0265, 635-016-0270, 635-016-0275, 635-016-0278, 635-016-0280, 635-016-0285, 635-016-0290, 635-016-0295, 635-016-0300, 635-016-0305, 635-016-0310, 635-016-0315, 635-016-0320, 635-016-0325
FWC 81-1993(Temp), f. 12-21-93, cert. ef. 12-23-93
FWC 77-1993(Temp), f. & cert. ef. 12-3-93
FWC 71-1993(Temp), f. 11-12-93, cert. ef. 11-13-93
FWC 35-1993(Temp), f. 5-27-93, cert. ef. 7-1-93
FWC 13-1993, f. 2-23-93, cert. ef. 3-1-93
FWC 129-1992, f. 12-21-92, cert. ef. 1-1-93
FWC 104-1992, f. 10-2-92, cert. ef. 1-1-93
FWC 90-1992(Temp), f. & cert. ef. 9-9-92
FWC 24-1992(Temp), f. 4-17-92, cert. ef. 4-20-92
FWC 143-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 125-1991 (Temp), f. & cert. ef. 10-23-91
FWC 120-1991(Temp), f. 10-14-91, cert. ef. 10-15-91
FWC 41-1991, f. 4-25-91, cert. ef. 4-26-91
FWC 120-1991(Temp), f. 10-14-91, cert. ef. 10-15-91
FWC 41-1991, f. 4-25-91, cert. ef. 4-26-91
FWC 126-1989, f. 12-29-89, cert. ef. 1-1-90
FWC 114-1989 (Temp), f. 11-15-89, cert. ef. 11-16-89
FWC 24-1988, f. & cert. ef. 4-4-88
FWC 110-1987(Temp), f. 12-31-87, cert. ef. 1-1-88
FWC 40-1986, f. & cert. ef. 8-13-86
FWC 86-1985, f. 12-31-85, cert. ef. 1-1-86
FWC 34-1985(Temp), f. & cert. ef. 7-15-85
FWC 2-1984, f. & cert. ef. 1-10-84
FWC 25-1983(Temp), f. 6-30-83, cert. ef. 7-1-83
FWC 83-1982, f. 12-30-82, cert. ef. 1-1-83
FWC 11-1982, f. & cert. ef. 2-9-82

Or. Admin. R. 635-016-0090 Inclusions and Modifications

The current annual Oregon Sport Fishing Regulations provide requirements for the Southwest Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the current annual Oregon Sport Fishing Regulations pamphlet.

History

Statutory/Other Authority: ORS 496.146 & ORS 496.138
Statutes/Other Implemented: ORS 496.162
DFW 99-2024, temporary amend filed 10/24/2024, effective 12/01/2024 through 04/30/2025
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 111-2023, temporary amend filed 10/31/2023, effective 11/01/2023 through 12/07/2023
DFW 82-2023, temporary amend filed 08/18/2023, effective 08/18/2023 through 12/07/2023
DFW 71-2023, temporary amend filed 07/27/2023, effective 07/31/2023 through 12/07/2023
DFW 59-2023, temporary amend filed 07/01/2023, effective 07/01/2023 through 12/07/2023
DFW 45-2023, temporary amend filed 05/30/2023, effective 06/01/2023 through 06/30/2023
DFW 159-2022, temporary amend filed 12/27/2022, effective 02/01/2023 through 06/30/2023
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 148-2022, temporary amend filed 11/08/2022, effective 11/09/2022 through 12/31/2022
DFW 145-2022, temporary amend filed 10/31/2022, effective 11/01/2022 through 12/31/2022
DFW 129-2022, temporary amend filed 09/22/2022, effective 09/26/2022 through 10/31/2022
DFW 111-2022, temporary amend filed 08/19/2022, effective 09/15/2022 through 10/31/2022
DFW 86-2022, temporary amend filed 07/11/2022, effective 07/12/2022 through 10/31/2022
DFW 75-2022, temporary amend filed 06/30/2022, effective 07/01/2022 through 10/31/2022
DFW 74-2022, temporary amend filed 06/30/2022, effective 07/01/2022 through 10/31/2022
DFW 56-2022, temporary amend filed 05/31/2022, effective 06/01/2022 through 06/30/2022
DFW 51-2022, temporary amend filed 05/20/2022, effective 05/22/2022 through 06/30/2022
DFW 3-2022, temporary amend filed 01/14/2022, effective 02/01/2022 through 06/30/2022
DFW 181-2021, temporary amend filed 12/22/2021, effective 02/01/2022 through 06/30/2022
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 170-2021, temporary amend filed 10/26/2021, effective 10/27/2021 through 12/31/2021
DFW 143-2021, temporary amend filed 09/15/2021, effective 09/15/2021 through 12/31/2021
DFW 142-2021, amend filed 09/14/2021, effective 09/15/2021
DFW 138-2021, temporary amend filed 09/10/2021, effective 09/10/2021 through 09/30/2021
DFW 137-2021, temporary amend filed 09/07/2021, effective 09/07/2021 through 09/30/2021
DFW 124-2021, temporary amend filed 08/25/2021, effective 08/25/2021 through 09/30/2021
DFW 114-2021, temporary amend filed 08/09/2021, effective 08/10/2021 through 09/30/2021
DFW 111-2021, temporary amend filed 07/30/2021, effective 08/01/2021 through 09/30/2021
DFW 93-2021, temporary amend filed 06/30/2021, effective 07/01/2021 through 09/30/2021
DFW 89-2021, temporary amend filed 06/28/2021, effective 07/01/2021 through 09/30/2021
DFW 88-2021, temporary amend filed 06/28/2021, effective 07/01/2021 through 09/30/2021
DFW 87-2021, temporary amend filed 06/25/2021, effective 07/01/2021 through 09/30/2021
DFW 64-2021, temporary amend filed 05/20/2021, effective 05/22/2021 through 06/30/2021
DFW 56-2021, temporary amend filed 04/29/2021, effective 05/01/2021 through 06/30/2021
DFW 161-2020, temporary amend filed 12/22/2020, effective 02/01/2021 through 06/30/2021
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 150-2020, temporary amend filed 12/08/2020, effective 12/08/2020 through 12/31/2020
DFW 147-2020, temporary amend filed 11/16/2020, effective 11/17/2020 through 11/30/2020
DFW 106-2020, temporary amend filed 08/20/2020, effective 08/20/2020 through 11/30/2020
DFW 96-2020, temporary amend filed 07/28/2020, effective 08/01/2020 through 11/30/2020
DFW 88-2020, temporary amend filed 07/13/2020, effective 07/15/2020 through 11/30/2020
DFW 76-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 11/30/2020
DFW 68-2020, temporary amend filed 06/10/2020, effective 06/10/2020 through 06/30/2020
DFW 64-2020, temporary amend filed 06/02/2020, effective 06/03/2020 through 06/30/2020
DFW 5-2020, minor correction filed 01/16/2020, effective 01/16/2020
DFW 3-2020, temporary amend filed 01/15/2020, effective 02/01/2020 through 06/30/2020
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 169-2019, temporary amend filed 12/04/2019, effective 12/07/2019 through 12/31/2019
DFW 136-2019, temporary amend filed 09/20/2019, effective 09/20/2019 through 12/31/2019
DFW 109-2019, temporary amend filed 08/01/2019, effective 09/16/2019 through 12/31/2019
DFW 108-2019, temporary amend filed 08/01/2019, effective 08/01/2019 through 09/15/2019
DFW 106-2019, temporary amend filed 08/01/2019, effective 08/01/2019 through 09/15/2019
DFW 97-2019, temporary amend filed 07/11/2019, effective 09/16/2019 through 12/31/2019
DFW 96-2019, temporary amend filed 07/11/2019, effective 08/01/2019 through 09/15/2019
DFW 178-2018, temporary amend filed 11/26/2018, effective 11/27/2018 through 12/31/2018
DFW 167-2018, temporary amend filed 10/25/2018, effective 11/04/2018 through 12/31/2018
DFW 155-2018, temporary amend filed 10/03/2018, effective 10/15/2018 through 12/31/2018
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 129-2018, temporary amend filed 09/05/2018, effective 09/05/2018 through 09/30/2018
DFW 105-2018, temporary amend filed 08/01/2018, effective 08/06/2018 through 09/30/2018
DFW 97-2018, temporary amend filed 07/26/2018, effective 07/28/2018 through 09/30/2018
DFW 96-2018, temporary amend filed 07/25/2018, effective 07/28/2018 through 09/30/2018
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 59-2017(Temp), f. 5-12-17, cert. ef. 5-15-17 thru 7-31-17
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 105-2016, f. & cert. ef. 8-10-16
DFW 102-2016(Temp), f. 8-3-16, cert. ef. 8-4-16 thru 12-31-16
DFW 48-2016(Temp), f. & cert. ef. 5-11-16 thru 11-6-16
DFW 24-2016(Temp), f. 3-30-16, cert. ef. 4-1-16 thru 9-27-16
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 120-2015(Temp), f. 8-31-15, cert. ef. 9-1-15 thru 12-31-15
DFW 106-2015(Temp), f. & cert. ef. 8-13-15 thru 12-31-15
DFW 88-2015(Temp), f. 7-16-15, cert. ef. 7-18-15 thru 12-31-15
DFW 74-2015(Temp), f. & cert. ef. 6-23-15 thru 12-19-15
DFW 73-2015, f. 6-22-15, cert. ef. 6-23-15
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 110-2014, f. & cert. ef. 8-4-14
DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 124-2013(Temp), f. 10-29-13, cert. ef. 11-1-13 thru 12-31-13
DFW 50-2013, f. 6-10-13, cert. ef. 7-1-13
DFW 23-2013(Temp), f. 3-20-13, cert. ef. 4-1-13 thru 9-27-13
DFW 155-2012(Temp), f. 12-28-12, cert. ef. 1-1-13 thru 6-29-13
DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 138-2012(Temp), f. 10-29-12, cert. ef. 10-31-12 thru 12-31-12
DFW 62-2012, f. 6-12-12, cert. ef. 7-1-12
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 149-2011(Temp), f. 10-20-11, cert. ef. 10-22-11 thru 12-31-11
DFW 145-2011(Temp), f. 10-11-11, cert. ef. 10-12-11 thru 12-31-11
DFW 137-2011(Temp), 9-30-11, cert. ef. 10-1-11 thru 12-31-11
DFW 83-2011, f. 6-30-11, cert. ef. 7-1-11
DFW 31-2011(Temp), f. 4-18-11, cert. ef. 5-1-11 thru 10-27-11
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 152-2010(Temp), f. 10-27-10, cert. ef. 10-30-10 thru 12-31-10
DFW 143-2010(Temp), f. 10-8-10, cert. ef. 10-10-10 thru 12-31-10
DFW 76-2010, f. 6-8-10, cert. ef. 8-1-10
DFW 65-2010(Temp), f. 5-18-10, cert. ef. 5-22-10 thru 5-31-10
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 143-2009(Temp), f. 11-17-09, cert. ef. 11-19-09 thru 12-31-09
DFW 141-2009(Temp), f. 11-4-09, cert. ef. 11-7-09 thru 12-21-09
DFW 113-2009(Temp), f. & cert. ef. 9-18-09 thru 12-31-09
DFW 87-2009(Temp), f. 7-31-09, cert. ef. 8-1-09 thru 12-31-09
DFW 77-2009(Temp), f. 6-29-09, cert. ef. 7-1-09 thru 7-31-09
DFW 57-2009(Temp), f. 5-27-09, cert. ef. 6-1-09 thru 7-31-09
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 140-2008(Temp), f. 11-4-08, cert. ef. 11-5-08 thru 12-31-08
DFW 138-2008(Temp), f. 10-28-08, cert. ef. 11-1-08 thru 11-30-08
DFW 67-2008(Temp), f. 6-20-08, cert. ef. 8-1-08 thru 12-31-08
DFW 54-2008(Temp), f. 5-28-08, cert. ef. 6-1-08 thru 7-31-08
DFW 137-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 56-2007(Temp), 7-6-07, cert. ef. 8-1-07 thru 12-31-07
DFW 47-2007(Temp), f. 6-18-07, cert. ef. 6-21-07 thru 10-31-07
DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07
DFW 37-2006(Temp), f. 6-2-06, cert. ef. 6-5-06 thru 12-1-06
DFW 24-2006(Temp), f. 4-25-06, cert. ef. 5-13-06 thru 10-31-06
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 127-2004, f. 12-22-04, cert. ef. 1-1-05
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04
DFW 90-2003(Temp), f. 9-12-03 cert. ef. 9-13-03 thru 12-31-03
DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03
DFW 125-2002(Temp), f. 11-8-02, cert. ef. 11-9-02
DFW 124-2002(Temp), f. & cert. ef. 10-30-02 thru 12-31-02
DFW 101-2002(Temp), f. & cert. ef. 10-3-02 thru 11-1-02
DFW 91-2002(Temp), f. 8-19-02, cert. ef 8-20-02 thru 11-1-02
DFW 55-2002(Temp), f. 5-28-02, cert. ef. 7-1-02 thru 11-31-02
DFW 37-2002, f. & cert. ef. 4-23-02
DFW 26-2002, f. & cert. ef. 3-21-02
DFW 5-2002(Temp), f. 1-11-02 cert. ef. 1-12-02 thru 7-11-02
DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02
DFW 122-2001(Temp), f. & cert. ef. 12-31-01 thru 5-31-02
DFW 105-2001(Temp), f. 10-26-01, cert. ef. 11-1-01 thru 12-31-01
DFW 97-2001(Temp), f. 10-4-01, cert. ef. 11-1-01 thru 12-31-01
DFW 90-2001(Temp), f. 9-14-01, cert. ef. 9-15-01 thru 12-31-01
DFW 72-2001(Temp), f. 8-10-01, cert. ef. 8-16-01 thru 12-31-01
DFW 70-2001, f. & cert. ef. 8-10-01
DFW 42-2001(Temp), f. 5-25-01, cert. ef. 5-29-01 thru 7-31-01
DFW 40-2001(Temp), f. & cert. ef. 5-24-01 thru 11-20-01
DFW 8-2001, f. & cert. ef. 3-5-01
DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01
DFW 83-2000(Temp), f. 12-28-00, cert. ef. 1-1-01 thru 1-31-01
DFW 48-2000(Temp), f. 8-14-00, cert. ef. 8-15-00 thru 12-31-00
DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00
DFW 36-1999, f. & cert. ef. 5-20-99
DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99
DFW 70-1998, f. & cert. ef. 8-28-98
DFW 55-1998(Temp), f. & cert. ef. 7-24-98 thru 12-31-98
DFW 52-1998(Temp), f. 7-10-98, cert. ef. 7-11-98 thru 7-24-98
DFW 34-1998, f. & cert. ef. 5-4-98
DFW 24-1998(Temp), f. & cert. ef. 3-25-98 thru 9-15-98
FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98
FWC 32-1997(Temp), f. & cert. ef. 5-23-97
FWC 17-1997(Temp), f. 3-19-97, cert. ef. 4-1-97
FWC 5-1997, f. & cert. ef. 2-4-97
FWC 73-1996(Temp), f. 12-31-96, cert. ef. 1-1-97
FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97
FWC 61-1996, f. & cert. ef. 10-9-96
FWC 52-1996, f. & cert. ef. 9-11-96
FWC 20-1996, f. & cert. ef. 4-29-96
FWC 90-1995(Temp), f. 11-29-95, cert. ef. 1-1-96
FWC 82-1995(Temp), f. 9-29-95, cert. ef. 10-1-95
FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96
FWC 59-1995(Temp), f. 7-24-95, cert. ef. 8-1-95
FWC 57-1995(Temp), f. 7-3-95, cert. ef. 7-4-95
FWC 34-1995, f. & cert. ef. 5-1-95
FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95
FWC 79-1994(Temp), f. 10-21-94, cert. ef. 7-22-94
FWC 31-1994, f. 5-26-94, cert. ef. 6-20-94
FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94
FWC 80-1993(Temp), f. 12-21-93, cert. ef. 1-1-94

Or. Admin. R. 635-016-0500 Temporary rule language in effect until 12/22/2026. Umpqua District

(1) The current annual Oregon Sport Fishing Regulations provide requirements for the Southwest Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the current annual Oregon Sport Fishing Regulations.

(2) Effective July 1 through November 30, the following regulations apply in the Mainstem Umpqua River from the visible tips of the jetties to the North and South Umpqua confluence, Mainstem Smith River (Douglas Co.) from the mouth to Spencer Creek, and North Fork Smith River (Douglas Co.) from the mouth to Johnson Creek:

(a) The daily adult wild Chinook salmon bag limit is one fish in aggregate; and

(b) No more than five adult wild Chinook salmon may be retained for the period in aggregate.

(3) Effective May 12 through November 7, the following regulations apply to Lemolo Reservoir and Hemlock Lake. The daily limit of kokanee is 10 per day with no size limit.

(4) Effective August 10 through November 30 angling for steelhead is closed in the North Umpqua River from the mouth to the marker below Soda Springs Dam.

(5) All other permanent rules for the Southwest Zone, as stated in the current annual Oregon Sport Fishing Regulations, remain in effect.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 78-2026, temporary amend filed 08/05/2026, effective 08/10/2026 through 12/22/2026
DFW 67-2026, temporary amend filed 07/02/2026, effective 07/02/2026 through 12/22/2026
DFW 64-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/22/2026
DFW 62-2026, amend filed 06/30/2026, effective 06/30/2026
DFW 41-2026, temporary amend filed 05/18/2026, effective 05/18/2026 through 06/30/2026
DFW 8-2026, temporary amend filed 01/27/2026, effective 02/01/2026 through 06/30/2026
DFW 79-2025, temporary amend filed 08/25/2025, effective 08/25/2025 through 11/30/2025
DFW 78-2025, temporary amend filed 08/22/2025, effective 08/25/2025 through 11/30/2025
DFW 71-2025, temporary amend filed 08/18/2025, effective 08/19/2025 through 11/30/2025
DFW 45-2025, amend filed 06/16/2025, effective 07/01/2025
DFW 2-2025, temporary amend filed 01/03/2025, effective 02/01/2025 through 06/30/2025
DFW 46-2024, temporary amend filed 06/17/2024, effective 06/17/2024 through 06/30/2024
DFW 45-2024, amend filed 06/17/2024, effective 06/17/2024
DFW 3-2024, temporary amend filed 01/17/2024, effective 02/01/2024 through 06/30/2024
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Or. Admin. R. 635-016-0510 Coos-Coquille District

(2) In the Coos River (Mainstem), Coos Bay from the visible tips of jetties upstream to the head of tide or other landmarks including: Larson Slough upstream to Sullivan Cr; Palouse Cr to Elliot Forest Boundary; Catching Slough to Sumner Rd Bridge; Kentuck, North, Isthmus, Coalbank and Davis sloughs to their tidegates; Shinglehouse Slough; and Pony Slough to Newmark Ave, South Fork Coos River (Mouth to head of tide at Dellwood), and Millicoma River (Mainstem) in aggregate:

(a) Effective July 1 through December 31, no more than ten adult wild Chinook salmon may be retained for the period in aggregate;

(b) Effective July 1 through September 18 and October 19 through December 31, the daily adult salmon bag limit is three fish in aggregate of which no more than two may be wild Chinook salmon; and

(A) The daily adult wild coho salmon bag limit is one fish in aggregate,

(B) No more than three adult wild coho salmon may be retained for the period in aggregate;

(D) The daily adult salmon bag limit is three fish in aggregate of which no more than two may be wild.

(3) In the Coquille River (Mainstem), East Fork Coquille River, Middle Fork Coquille River, North Fork Coquille River, and in the South Fork Coquille River from the mouth to the USFS boundary near Powers:

(a) Effective June 1 through October 31, spears and spear guns may be used to harvest smallmouth bass; and

(b) Use of bait is allowed all year.

(4) In the Coquille River (Mainstem) from Highway 101 bridge upstream to the Highway 42S bridge at Sturdivant Park, effective September 19 through October 18, 2026:

(a) The daily adult wild coho salmon bag limit is one fish;

(b) No more than three adult wild coho salmon may be retained for the period;

(d) The retention of hatchery Chinook salmon is allowed.

(5) All other permanent rules for the Southwest Zone, as stated in the current annual Oregon Sport Fishing Regulations, remain in effect.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 62-2026, amend filed 06/30/2026, effective 06/30/2026
DFW 3-2026, temporary amend filed 01/12/2026, effective 01/12/2026 through 07/10/2026
DFW 82-2025, amend filed 09/12/2025, effective 09/13/2025
DFW 76-2025, temporary amend filed 08/20/2025, effective 08/21/2025 through 12/31/2025
DFW 75-2025, amend filed 08/20/2025, effective 08/20/2025
DFW 70-2025, temporary amend filed 08/18/2025, effective 08/19/2025 through 12/31/2025
DFW 45-2024, amend filed 06/17/2024, effective 06/17/2024
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Or. Admin. R. 635-016-0520 South Coast District

(2) In Floras Creek and New River from the mouth to bridge at MP 1.5 on Floras Creek Rd., effective August 1 through December 31:

(a) The daily adult wild Chinook salmon bag limit is one fish in aggregate; and

(b) No more than two adult wild Chinook salmon may be retained for the period in aggregate.

(3) In Floras Creek and New River from the BLM boat ramp at Storm Ranch upstream to the confluence of Floras Creek and Floras Lake outlet, effective November 1 through December 31, 2026:

(a) The daily adult wild coho salmon bag limit is one fish in aggregate;

(b) No more than three adult wild coho salmon may be retained for the period in aggregate; and

(4) In the Sixes River from the mouth to Edson Creek, effective July 1 through December 31:

(a) The daily adult wild Chinook salmon bag limit is one fish; and

(b) No more than ten adult wild Chinook salmon may be retained for the period.

(5) In Hunter Creek from the mouth to Mateer, effective October 1 through December 31:

(a) The daily adult wild Chinook salmon bag limit is one fish; and

(b) No more than two adult wild Chinook salmon may be retained for the period.

(6) In the Chetco River from the mouth to Nook Creek, Pistol River from the mouth to Deep Creek, and Winchuck River from the mouth to Wheeler Creek, effective September 1 through December 31:

(a) The daily adult wild Chinook salmon bag limit is one fish; and

(b) No more than five adult wild Chinook salmon may be retained for the period.

(7) All other permanent rules for the Southwest Zone, as stated in the current annual Oregon Sport Fishing Regulations, remain in effect.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 62-2026, amend filed 06/30/2026, effective 06/30/2026
DFW 75-2025, amend filed 08/20/2025, effective 08/20/2025
DFW 45-2025, amend filed 06/16/2025, effective 07/01/2025
DFW 103-2024, temporary amend filed 11/01/2024, effective 11/01/2024 through 12/31/2024
DFW 45-2024, amend filed 06/17/2024, effective 06/17/2024
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Or. Admin. R. 635-016-0530 Upper Rogue District

Reserving Number

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Division 17 WILLAMETTE ZONE SPORT ANGLING REGULATIONS

Or. Admin. R. 635-017-0080 Purpose and Scope

(1) The purpose of Division 017 is to provide for management of sport fisheries in the Willamette Zone over which the State has jurisdiction.

(2) Division 017 incorporates by reference the most current version of the annual 2026 or 2027 Oregon Sport Fishing Regulations. Therefore, persons must consult the current annual Oregon Sport Fishing Regulations in addition to Division 011 and Division 017 to determine all applicable sport fishing requirements for the Willamette Zone.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 141-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 15-2018, temporary amend filed 02/07/2018, effective 03/01/2018 through 08/15/2018
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
Reverted to DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 33-2017(Temp), f. 3-29-17, cert. ef. 4-1-17 thru 9-27-17
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04
DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03
DFW 26-2002, f. & cert. ef. 3-21-02
DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02
DFW 70-2001, f. & cert. ef. 8-10-01
DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01
DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00
DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99
FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98
FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97
FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96
FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95
FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94, Renumbered from 635-017-0105, 635-017-0110, 635-017-0115, 635-017-0118, 635-017-0122, 635-017-0125, 635-017-0127, 635-017-0130, 635-017-0135, 635-017-0140, 635-017-0145, 635-017-0150, 635-017-0155, 635-017-0160, 635-017-0165, 635-017-0170, 635-017-0175, 635-017-0180, 635-017-0185, 635-017-0189, 635-017-0190, 635-017-0195, 635-017-0200, 635-017-0205, 635-017-0207, 635-017-0210, 635-017-0217, 635-017-0220, 635-017-0225, 635-017-0230, 635-017-0235, 635-017-0240, 635-017-0245, 635-017-0255, 635-017-0250, 635-017-0260, 635-017-0265, 635-017-0270, 635-017-0275, 635-017-0280, 635-017-0285, 635-017-0290, 635-017-0295, 635-017-0300, 635-017-0310, 635-017-0315, 635-017-0320, 635-017-0325, 635-017-0330, 635-017-0335, 635-017-0340, 635-017-0345, 635-017-0350, 635-017-0355, 635-017-0360, 635-017-0362, 635-017-0364, 635-017-0365, 635-017-0370, 635-017-0375, 635-017-0380, 635-017-0385, 635-017-0390, 635-017-0395, 635-017-0400, 635-017-0405, 635-017-0410, 635-017-0415, 635-017-0420, 635-017-0425, 635-017-0430, 635-017-0435, 635-017-0438, 635-017-0440, 635-017-0445635-017-0450, 635-017-0455, 635-017-0460, 635-017-0462, 635-017-0465
FWC 68-1993(Temp), f. 10-29-93, cert. ef. 11-1-93
FWC 129-1992, f. 12-21-92, cert. ef. 1-1-93
FWC 104-1992, f. 10-2-92, cert. ef. 1-1-93
FWC 84-1992(Temp), f. 8-31-92, cert. ef. 9-1-92
FWC 143-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 41-1991, f. 4-25-91, cert. ef. 4-26-91
FWC 34-1991(Temp), f. 3-29-91, cert. ef. 4-16-91
FWC 1-1990, f. & cert. ef. 1-10-90
FWC 126-1989, f. 12-29-89, cert. ef. 1-1-90
FWC 24-1989, f. 3-31-89, cert. ef. 4-1-89
FWC 7-1989, f. 2-23-89, cert. ef. 2-24-89
FWC 107-1988, f. 12-29-88, cert. ef. 1-1-89
Reverted to FWC 24-1988, f. & cert. ef. 4-4-88
FWC 29-1988(Temp), f. & cert. ef. 4-29-88
FWC 24-1988, f. & cert. ef. 4-4-88
FWC 110-1987(Temp), f. 12-31-87, ef. 1-1-88
FWC 49-1987(Temp), f. & ef. 7-10-87
FWC 86-1985, f. 12-31-85, ef. 1-1-86
FWC 67-1985(Temp), f. & ef. 10-17-85
FWC 17-1985(Temp), f. & ef. 4-20-85
Reverted to FWC 2-1984, f. & ef. 1-10-84
FWC 30-1984(Temp), f. & ef. 7-16-84
FWC 2-1984, f. & ef. 1-10-84
FWC 32-1983(Temp), f. & ef. 7-22-83
FWC 14-1983, f. & ef. 4-4-83
FWC 83-1982, f. 12-30-82, ef. 1-1-83
FWC 50-1982(Temp), f. & ef. 7-30-82
FWC 13-1982(Temp), f. & ef. 2-22-82
FWC 11-1982, f. & ef. 2-9-82

Or. Admin. R. 635-017-0090 Temporary rule language in effect until 12/31/2026. Inclusions and Modifications

(1) The current annual Oregon Sport Fishing Regulations provide requirements for the Willamette Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the current annual Oregon Sport Fishing Regulations.

(2) Pacific Lamprey Harvest:

(a) Pursuant to OAR 635-044-0430(1)(a-c), authorization from the Oregon Fish and Wildlife Commission must be in possession by individuals collecting or possessing Pacific lamprey for personal use. Permits are available from ODFW, 17330 SE Evelyn Street, Clackamas, OR 97015. A valid tribal identification card serves as a collection permit;

(b) Open fishing hours are one hour before sunrise until one hour after sunset daily from June 1 through July 5 and 7 a.m. to 6 p.m. daily from July 6 through July 31, 2026;

(c) Open fishing area is the Willamette River at Willamette Falls on the east side of the falls only, excluding Horseshoe Area at the peak of the falls; and

(d) Gear is restricted to hand or hand-powered tools only.

(e) Report annual harvest to the ODFW Clackamas office by August 31.

(f) Harvesters must allow sampling or enumeration of catches by ODFW personnel.

(3) Effective June 3 through July 31, 2026; Two-Rod angling is allowed as follows:

(a) In all areas of the Willamette River downstream of Willamette Falls, including Multnomah Channel, and in the Clackamas River downstream of the Highway 99E Bridge and upstream of Willamette Falls, including the tributaries and flowing waters that are open to angling for hatchery Chinook, hatchery steelhead, trout, or warmwater gamefish, anglers with a valid 2026 Two-Rod Angling Validation may use up to two fishing rods while fishing for any game fish or nongame fish species except sturgeon.

(b) Youth anglers under 12 years of age may use two fishing rods in these areas without purchasing the Two-Rod Validation.

(4) Effective August 1 through December 31, Two-Rod angling is allowed as follows:

(a) In all areas of the Willamette River upstream of Willamette Falls, including the tributaries and flowing waters that are open to retention of coho salmon, anglers with a valid 2026 Two-Rod Validation may use up to two fishing rods except when angling for sturgeon.

(b) Youth anglers under 12 years of age may use two fishing rods in these areas without purchasing the Two-Rod Validation.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 75-2026, temporary amend filed 08/01/2026, effective 08/01/2026 through 12/31/2026
DFW 48-2026, temporary amend filed 06/02/2026, effective 06/03/2026 through 07/31/2026
DFW 35-2026, temporary amend filed 05/08/2026, effective 06/01/2026 through 07/31/2026
DFW 19-2026, temporary amend filed 03/09/2026, effective 03/11/2026 through 03/12/2026
DFW 62-2025, temporary amend filed 07/31/2025, effective 08/01/2025 through 08/27/2025
DFW 40-2025, temporary amend filed 05/23/2025, effective 05/23/2025 through 08/27/2025
DFW 22-2025, temporary amend filed 03/25/2025, effective 03/27/2025 through 08/27/2025
DFW 7-2025, temporary amend filed 01/29/2025, effective 03/01/2025 through 08/27/2025
DFW 84-2024, temporary amend filed 09/18/2024, effective 09/21/2024 through 12/31/2024
DFW 8-2024, temporary amend filed 01/29/2024, effective 03/01/2024 through 08/27/2024
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 81-2023, temporary amend filed 08/16/2023, effective 08/16/2023 through 12/31/2023
DFW 63-2023, temporary amend filed 07/07/2023, effective 07/15/2023 through 08/15/2023
DFW 40-2023, temporary amend filed 05/15/2023, effective 05/21/2023 through 08/15/2023
DFW 24-2023, temporary amend filed 03/28/2023, effective 03/30/2023 through 08/15/2023
DFW 20-2023, temporary amend filed 03/08/2023, effective 03/09/2023 through 08/15/2023
DFW 8-2023, temporary amend filed 01/31/2023, effective 03/01/2023 through 08/15/2023
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 107-2022, temporary amend filed 08/16/2022, effective 08/16/2022 through 10/31/2022
DFW 106-2022, minor correction filed 08/16/2022, effective 08/16/2022
DFW 97-2022, temporary amend filed 07/27/2022, effective 07/27/2022 through 08/15/2022
DFW 49-2022, temporary amend filed 05/19/2022, effective 05/20/2022 through 08/15/2022
DFW 37-2022, temporary amend filed 04/15/2022, effective 04/16/2022 through 08/15/2022
DFW 35-2022, temporary amend filed 04/08/2022, effective 04/08/2022 through 08/15/2022
DFW 2-2022, temporary amend filed 01/10/2022, effective 03/01/2022 through 08/15/2022
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 132-2021, temporary amend filed 09/03/2021, effective 09/03/2021 through 12/31/2021
DFW 116-2021, temporary amend filed 08/09/2021, effective 08/10/2021 through 08/15/2021
DFW 107-2021, temporary suspends temporary DFW 104-2021, filed 07/19/2021, effective 07/30/2021 through 08/15/2021
DFW 104-2021, temporary amend filed 07/16/2021, effective 07/30/2021 through 08/15/2021
DFW 95-2021, temporary amend filed 06/30/2021, effective 07/01/2021 through 08/15/2021
DFW 55-2021, temporary amend filed 04/28/2021, effective 05/01/2021 through 08/15/2021
DFW 3-2021, temporary amend filed 01/13/2021, effective 03/01/2021 through 08/15/2021
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 81-2020, temporary amend filed 07/02/2020, effective 07/04/2020 through 11/30/2020
DFW 40-2020, temporary amend filed 04/07/2020, effective 04/16/2020 through 05/15/2020
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 69-2019, temporary amend filed 06/06/2019, effective 06/07/2019 through 08/31/2019
DFW 49-2019, temporary amend filed 04/25/2019, effective 09/01/2019 through 09/30/2019
DFW 48-2019, temporary amend filed 04/25/2019, effective 05/01/2019 through 08/31/2019
DFW 37-2019, temporary amend filed 04/04/2019, effective 09/01/2019 through 09/30/2019
DFW 36-2019, temporary amend filed 04/04/2019, effective 04/16/2019 through 08/31/2019
DFW 26-2019, temporary amend filed 03/01/2019, effective 04/01/2019 through 08/31/2019
DFW 25-2019, temporary amend filed 03/01/2019, effective 03/04/2019 through 03/31/2019
DFW 10-2019, temporary amend filed 01/30/2019, effective 02/01/2019 through 03/31/2019
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 57-2018, temporary amend filed 05/18/2018, effective 05/22/2018 through 10/02/2018
DFW 40-2018, temporary amend filed 04/06/2018, effective 04/16/2018 through 10/02/2018
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 80-2017(Temp), f. & cert. ef. 6-27-17 thru 12-4-17
DFW 69-2017(Temp), f. & cert. ef. 6-8-17 thru 12-4-17
DFW 68-2017(Temp), f. 6-7-17, cert. ef. 6-8-17 thru 12-4-17
DFW 63-2017(Temp), f. 5-26-17, cert. ef. 6-1-17 thru 7-31-17
DFW 56-2017(Temp), f. 5-10-17, cert. ef. 5-13-17 thru 6-15-17
DFW 55-2017(Temp), f. 5-4-17, cert. ef. 5-8-17 thru 11-3-17
DFW 52-2017(Temp), f. 4-27-17, cert. ef. 5-1-17 thru 10-27-17
DFW 51-2017(Temp), f. & cert. ef. 4-25-17 thru 9-30-17
DFW 44-2017(Temp), f. 4-19-17, cert. ef. 4-24-17 thru 9-30-17
DFW 4-2017, f. & cert. ef. 1-25-17
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 105-2016, f. & cert. ef. 8-10-16
DFW 76-2016(Temp), f. 6-15-16, cert. ef. 6-16-16 thru 9-30-16
DFW 67-2016(Temp), f. & cert. ef. 6-9-16 thru 9-30-16
DFW 30-2016(Temp), f. & cert. ef. 4-8-16 thru 9-30-16
DFW 24-2016(Temp), f. 3-30-16, cert. ef. 4-1-16 thru 9-27-16
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 154-2015(Temp), f. 11-12-15, cert. ef. 11-23-15 thru 12-31-15
DFW 152-2015(Temp), f. 11-6-15, cert. ef. 11-17-15 thru 12-31-15
DFW 120-2015(Temp), f. 8-31-15, cert. ef. 9-1-15 thru 12-31-15
DFW 88-2015(Temp), f. 7-16-15, cert. ef. 7-18-15 thru 12-31-15
DFW 66-2015(Temp), f. 6-10-15, cert. ef. 6-12-15 thru 11-22-15
DFW 49-2015(Temp), f. & cert. ef. 5-27-15 thru 11-22-15
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 150-2014(Temp), f. 10-14-14, cert. ef. 10-15-14 thru 12-31-14
DFW 141-2014(Temp), f. 9-25-14, cert. ef. 9-26-14 thru 12-31-14
DFW 73-2014(Temp), f. 6-20-14, cert. ef. 6-23-14 thru 10-31-14
DFW 70-2014(Temp), f. & cert. ef. 6-13-14 thru 6-30-14
DFW 62-2014(Temp), f. & cert. ef. 6-10-14 thru 10-31-14
DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 67-2013(Temp), f. 7-3-13, cert. ef. 7-11-13 thru 7-31-13
DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 99-2012(Temp), f. 7-31-12, cert. ef. 8-1-12 thru 12-31-12
DFW 89-2012(Temp), f. 7-17-12, cert. ef. 7-26-12 thru 8-31-12
DFW 21-2012, f. & cert. ef. 3-12-12
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 158-2011(Temp), f. 12-14-11, cert. ef. 1-1-12 thru 4-30-12
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 123-2010(Temp), f. 8-26-10, cert. ef. 9-1-10 thru 12-31-10
DFW 96-2010(Temp), f. 7-7-10, cert. ef. 7-8-10 thru 10-31-10
DFW 94-2010(Temp), f. & cert. ef. 7-1-10 thru 10-31-10
DFW 84-2010(Temp), f. 6-17-10, cert. ef. 6-18-10 thru 10-31-10
DFW 62-2010(Temp), f. 5-14-10, cert. ef. 5-22-10 thru 11-17-10
DFW 61-2010, f. & cert. ef. 5-14-10
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 123-2009(Temp), f. & cert. ef. 10-5-09 thru 12-31-09
DFW 118-2009(Temp), f. & cert. ef. 9-28-09 thru 12-31-09
DFW 103-2009(Temp), f. 8-27-09, cert. ef. 9-1-09 thru 12-31-09
DFW 74-2009(Temp), f. 6-25-09, cert. ef. 6-30-09 thru 7-2-09
DFW 15-2009, f. & cert. ef. 2-25-09
DFW 9-2009(Temp), f. 2-13-09, cert. ef. 3-1-09 thru 8-15-09
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 124-2008(Temp), f. 10-1-08, cert. ef. 10-2-08 thru 12-31-08
DFW 110-2008(Temp), f. 9-15-08, cert. ef. 9-17-08 thru 12-31-08
DFW 82-2008(Temp), f. 7-21-08, cert. ef. 7-29-08 thru 12-31-08
DFW 55-2008(Temp), f. 5-30-08, cert. ef. 6-2-08 thru 10-31-08
DFW 46-2008(Temp), f. 5-9-08, cert. ef. 5-12-08 thru 7-29-08
DFW 15-2008(Temp), f. 2-26-08, cert. ef. 3-1-08 thru 7-29-08
DFW 5-2008(Temp), f. 1-25-08, cert. ef. 2-1-08 thru 7-6-08
DFW 1-2008(Temp), f. & cert. ef. 1-9-08 thru 7-6-08
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 134-2007, f. 12-26-07, cert. ef. 1-1-08
DFW 105-2007(Temp), f. 10-4-07, cert. ef. 10-6-07 thru 11-30-07
DFW 65-2007(Temp), f. & cert. ef. 8-6-07 thru 10-31-07
DFW 32-2007, f. 5-14-07, cert. ef. 6-1-07
DFW 121-2006(Temp), f. & cert. ef. 10-20-06 thru 12-31-06
DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07
DFW 36-2006(Temp), f. & cert. ef. 6-1-06 thru 9-30-06
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 78-2005(Temp), f. 7-19-05, cert. ef. 7-21-05 thru 7-22-05
DFW 24-2005, f. 4-15-05, cert. ef. 5-1-05
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 69-2004(Temp), f. & cert. ef. 7-12-04 thru 11-23-04
DFW 48-2004(Temp), f. 5-26-04, cert. ef. 5-28-04 thru 11-23-04
DFW 33-2004, f. 4-22-04, cert ef. 5-1-04
DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04
DFW 90-2003(Temp), f. 9-12-03, cert. ef. 9-13-03 thru 12-31-03
DFW 71-2003(Temp), f. 7-24-03, cert. ef. 7-25-03 thru 12-31-03
DFW 70-2003(Temp), f. & cert. ef. 7-23-03 thru 12-31-03
DFW 59-2003(Temp), f. & cert. ef. 7-11-03 thru 12-31-03
DFW 57-2003(Temp), f. & cert. ef. 7-8-03 thru 12-31-03
DFW 53-2003(Temp), f. 6-17-03, cert. ef. 6-18-03 thru 12-14-03
DFW 42-2003, f. & cert. ef. 5-16-03
DFW 16-2003(Temp), f. 2-27-03, cert. ef. 3-1-03 thru 7-1-03
DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03
DFW 101-2002(Temp), f. & cert. ef. 10-3-02 thru 11-1-02
DFW 91-2002(Temp) f. 8-19-02, cert. ef 8-20-02 thru 11-1-02
DFW 70-2002(Temp), f. 7-10-02, cert ef. 7-12-02 thru 12-31-02
DFW 44-2002(Temp), f. 5-7-02, cert. ef. 5-8-02 thru 11-3-02
DFW 42-2002, f. & cert. ef. 5-3-02
DFW 37-2002, f. & cert. ef. 4-23-02
DFW 26-2002, f. & cert. ef. 3-21-02
DFW 5-2002(Temp), f. 1-11-02, cert. ef. 1-12-02 thru 7-11-02
DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02
DFW 95-2001(Temp), f. 9-27-01, cert. ef. 10-20-01 thru 12-31-01
DFW 90-2001(Temp), f. 9-14-01, cert. ef. 9-15-01 thru 12-31-01
DFW 72-2001(Temp), f. 8-10-01, cert. ef. 8-16-01 thru 12-31-01
DFW 70-2001, f. & cert. ef. 8-10-01
DFW 46-2001(Temp), f. 6-8-01, cert. ef. 6-16-01 thru 12-13-01
DFW 40-2001(Temp), f. & cert. ef. 5-24-01 thru 11-20-01
DFW 28-2001, f. & cert. ef. 5-1-01
DFW 23-2001(Temp), f. & cert. ef. 4-23-01 thru 10-19-01
DFW 6-2001, f. & cert. ef. 3-1-01
DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01
DFW 83-2000(Temp), f. 12-28-00, cert. ef. 1-1-01 thru 1-31-01
DFW 58-2000(Temp), f. & cert. ef. 9-1-00 thru 12-31-00
DFW 23-2000(Temp), f. 4-19-00, cert. ef. 4-22-00 thru 7-31-00
DFW 22-2000, f. 4-14-00, cert. ef. 4-16-00 thru 7-31-00
DFW 13-2000, f. & cert. ef. 3-20-00
DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00
DFW 88-1999(Temp), f. 11-5-99, cert. ef. 11-6-99 thru 11-30-99
DFW 78-1999, f. & cert. ef. 10-4-99
DFW 39-1999(Temp), f. 5-26-99, cert. ef. 5-27-99 thru 7-31-99
DFW 39-1999(Temp), f. 5-26-99, cert. ef. 5-27-99 thru 7-31-99
DFW 35-1999(Temp), f. & cert. ef. 5-13-99 thru 7-31-99
DFW 30-1999(Temp), f. & cert. ef. 4-27-99 thru 5-12-99
DFW 27-1999(Temp), f. & cert. ef. 4-23-99 thru 10-20-99
DFW 19-1999(Temp), f. & ef. 3-19-99 thru 4-15-99
DFW 16-1999(Temp), f. & cert. ef. 3-10-99 thru 3-19-99
DFW 15-1999, f. & cert. ef. 3-9-99
DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99
DFW 37-1998(Temp), f. & cert. ef. 5-15-98 thru 7-31-98
DFW 35-1998(Temp), f. & cert. ef. 5-10-98 thru 5-15-98
DFW 34-1998, f. & cert. ef. 5-4-98
DFW 33-1998(Temp), f. & cert. ef. 4-30-98 thru 5-15-98
DFW 31-1998(Temp), f. & cert. ef. 4-24-98 thru 7-31-98
DFW 28-1998(Temp), f. & cert. ef. 4-9-98 thru 4-24-98
DFW 19-1998, f. & cert. ef. 3-12-98
FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98
FWC 69-1997, f. & cert. ef. 11-6-97
FWC 39-1997(Temp), f. 6-17-97, cert. ef. 6-18-97
FWC 31-1997, f. 5-14-97, cert. ef. 5-15-97
FWC 24-1997, f. & cert. ef. 4-10-97
FWC 17-1997, f. 3-19-97, cert. ef. 4-1-97
FWC 13-1997, f. 3-5-97, cert. ef. 3-11-97
FWC 5-1997, f. & cert. ef. 2-4-97
FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97
FWC 22-1996(Temp), f. 5-9-96 & cert. ef. 5-10-96
FWC 20-1996, f. & cert. ef. 4-29-96
FWC 14-1996, f. 3-29-96, cert. ef. 4-1-96
FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96
FWC 32-1995, f. & cert. ef. 4-24-95
FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95
FWC 86-1994(Temp), f. 10-31-94, cert. ef. 11-1-94
FWC 65-1994(Temp), f. 9-15-94, cert. ef. 9-17-94
FWC 3-1994, f. 1-25-94, cert. ef. 1-26-94
FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94

Or. Admin. R. 635-017-0095 Sturgeon Season

The current annual Oregon Sport Fishing Regulations provide requirements for the Willamette Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the current annual Oregon Sport Fishing Regulations .

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 94-2021, temporary amend filed 06/30/2021, effective 07/01/2021 through 09/30/2021
DFW 63-2021, temporary amend filed 05/20/2021, effective 06/12/2021 through 06/19/2021
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 70-2020, temporary amend filed 06/17/2020, effective 06/17/2020 through 09/30/2020
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
Temporary suspended by DFW 120-2015(Temp), f. 8-31-15, cert. ef. 9-1-15 thru 12-31-15
DFW 88-2015(Temp), f. 7-16-15, cert. ef. 7-18-15 thru 12-31-15
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 103-2013(Temp), f. 9-13-13, cert. ef. 10-19-13 thru 12-31-13
DFW 79-2013(Temp), f. 7-23-13, cert. ef. 7-25-13 thru 12-31-13
DFW 23-2013(Temp), f. 3-20-13, cert. ef. 4-1-13 thru 9-27-13
DFW 17-2013(Temp), f. 2-27-13, cert. ef. 2-28-13 thru 7-31-13
DFW 13-2013(Temp), f. 2-13-13, cert. ef. 2-14-13 thru 7-31-13
DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13
Reverted to DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 17-2012(Temp), f. 2-22-12, cert. ef. 2-23-12 thru 4-30-12
DFW 9-2012(Temp), f. 2-6-12, cert. ef. 2-17-12 thru 4-30-12
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 23-2011, f. & cert. ef. 3-21-11
DFW 22-2011(Temp), f. 3-16-11, cert. ef. 3-17-11 thru 6-29-11
DFW 10-2011(Temp), f. 2-10-11, cert. ef. 2-17-11 thru 6-29-11
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 163-2010(Temp), f. 12-28-10, cert. ef. 1-1-11 thru 6-29-11
DFW 154-2010(Temp), f. & cert. ef. 11-8-10 thru 12-31-10
DFW 90-2010(Temp), f. 6-29-10, cert. ef. 7-5-10 thru 12-31-10
DFW 34-2010, f. 3-16-10, cert. ef. 4-1-10
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 15-2009, f. & cert. ef. 2-25-09
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 148-2008(Temp), f. 12-19-08, cert. ef. 1-1-09 thru 6-29-09
DFW 86-2008(Temp), f. & cert. ef. 7-25-08 thru 12-31-08
DFW 7-2008, f. & cert. ef. 2-11-08
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 135-2007(Temp), f. 12-28-07, cert. ef. 1-1-08 thru 6-28-08
DFW 74-2007(Temp), f. 8-17-07, cert. ef. 8-18-07 thru 12-31-07
DFW 24-2007, f. 4-16-07, cert. ef. 5-1-07
DFW 7-2007(Temp), f. 1-31-07, cert. ef. 2-1-07 thru 7-30-07
DFW 131-2006(Temp), f. 12-20-06, cert. ef. 1-1-07 thru 6-29-07
DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07
DFW 5-2006, f. & cert. ef. 2-15-06
DFW 145-2005(Temp), f. 12-21-05, cert. ef. 1-1-06 thru 3-31-06
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 55-2005, f. & cert. ef. 6-17-05
DFW 2-2005(Temp), f. & cert. ef. 1-21-05 thru 7-19-05

Or. Admin. R. 635-017-0500 North Willamette (Coast) District

Reserving Number

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 16-2024, temporary amend filed 02/27/2024, effective 03/01/2024 through 06/30/2024
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Or. Admin. R. 635-017-0510 North Willamette (Cascade) District

Reserving Number

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 93-2025, temporary amend filed 09/25/2025, effective 09/27/2025 through 12/31/2025
DFW 90-2024, temporary amend filed 09/26/2024, effective 09/27/2024 through 12/31/2024
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Or. Admin. R. 635-017-0520 Mid-Willamette District

Reserving Number

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Or. Admin. R. 635-017-0530 Upper Willamette District

Reserving Number

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 56-2024, temporary amend filed 07/03/2024, effective 07/08/2024 through 12/31/2024
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Division 18 CENTRAL ZONE SPORT ANGLING REGULATIONS

Or. Admin. R. 635-018-0080 Purpose and Scope

(1) The purpose of Division 018 is to provide for management of sport fisheries in the Central Zone over which the State has jurisdiction.

(2) Division 018 incorporates by reference the most current version of the annual 2026 or 2027 Oregon Sport Fishing Regulations. Therefore, persons must consult the current annual Oregon Sport Fishing Regulations in addition to Division 011 and Division 018 to determine all applicable sport fishing requirements for the Central Zone.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 142-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04
DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03
DFW 26-2002, f. & cert. ef. 3-21-02
DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02
DFW 85-2001(Temp), f. & cert. ef. 8-30-01 thru 12-31-01
DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01
DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00
DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99
FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98
FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97
FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96
FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95
FWC 81-1993(Temp), f. 12-21-93, cert. ef. 12-23-93
FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94, Renumbered from 635-016-0126, 635-016-0130, 635-016-0135, 635-016-0140, 635-016-0145, 635-016-0150, 635-016-0155, 635-016-0160, 635-016-0165, 635-016-0170, 635-016-0175, 635-016-0180, 635-016-0185, 635-016-0190, 635-016-0195, 635-016-0200, 635-016-0205, 635-016-0210, 635-016-0215, 635-016-0220, 635-016-0225, 635-016-0230, 635-016-0235, 635-016-0240, 635-016-0245, 635-016-0250, 635-016-0255, 635-016-0260, 635-016-0265, 635-016-0270, 635-016-0275, 635-016-0278, 635-016-0280, 635-016-0285, 635-016-0290, 635-016-0295, 635-016-0300, 635-016-0305, 635-016-0310, 635-016-0315, 635-016-0320, 635-016-0325
FWC 77-1993(Temp), f. & cert. ef. 12-3-93
FWC 71-1993(Temp), f. 11-12-93, cert. ef. 11-13-93
FWC 35-1993(Temp), f. 5-27-93, cert. ef. 7-1-93
FWC 13-1993, f. 2-23-93, cert. ef. 3-1-93
FWC 129-1992, f. 12-21-92, cert. ef. 1-1-93
FWC 104-1992, f. 10-2-92, cert. ef. 1-1-93
FWC 90-1992(Temp), f. & cert. ef. 9-9-92
FWC 24-1992(Temp), f. 4-17-92, cert. ef. 4-20-92
FWC 143-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 125-1991(Temp), f. & cert. ef. 10-23-91
FWC 120-1991(Temp), f. 10-14-91, cert. ef. 10-15-91
FWC 41-1991, f. 4-25-91, cert. ef. 4-26-91
FWC 120-1991(Temp), f. 10-14-91, cert. ef. 10-15-91
FWC 41-1991, f. 4-25-91, cert. ef. 4-26-91
FWC 126-1989, f. 12-29-89, cert. ef. 1-1-90
FWC 114-1989(Temp), f. 11-15-89, cert. ef. 11-16-89
FWC 24-1988, f. & cert. ef. 4-4-88
FWC 110-1987(Temp), f. 12-31-87, ef. 1-1-88
FWC 40-1986, f. & ef. 8-13-86
FWC 86-1985, f. 12-31-85, cert. ef. 1-1-86
FWC 34-1985(Temp), f. & cert. ef. 7-15-85
FWC 2-1984, f. & cert. cert. ef. 1-10-84
FWC 25-1983(Temp), f. 6-30-83, cert. ef. 7-1-83
FWC 83-1982, f. 12-30-82, cert. ef. 1-1-83
FWC 11-1982, f. & cert. ef. 2-9-82

Or. Admin. R. 635-018-0090 Temporary rule language in effect until 09/28/2026. Inclusions and Modifications

The current annual Oregon Sport Fishing Regulations provide requirements for the Central Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the current annual Oregon Sport Fishing Regulations.

(1) The Deschutes River from the mouth at the I-84 Bridge upstream to Sherars Falls is open to angling for trout, hatchery steelhead, and hatchery Chinook salmon from May 5 through May 20, 2026. All wild Chinook salmon must be released unharmed. The daily catch limit is:

(a) One (1) adult hatchery Chinook salmon; and

(b) Five (5) hatchery jack salmon.

(2) It is unlawful to continue to angle in the area from Sherars Falls downstream to the upper railroad trestle after taking a daily bag limit of one (1) adult Chinook salmon.

(3) All other catch limits and restrictions remain unchanged from those listed for Deschutes River in the current annual Oregon Sport Fishing Regulations.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 26-2026, temporary amend filed 04/02/2026, effective 05/05/2026 through 09/28/2026
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 53-2023, temporary amend filed 06/12/2023, effective 06/16/2023 through 10/11/2023
DFW 28-2023, temporary amend filed 04/03/2023, effective 04/15/2023 through 10/11/2023
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 132-2022, temporary amend filed 09/22/2022, effective 09/24/2022 through 11/30/2022
DFW 123-2022, temporary amend filed 09/12/2022, effective 09/16/2022 through 11/30/2022
DFW 101-2022, temporary amend filed 07/29/2022, effective 07/29/2022 through 09/15/2022
DFW 83-2022, temporary amend filed 07/11/2022, effective 07/15/2022 through 09/15/2022
DFW 79-2022, temporary amend filed 06/30/2022, effective 07/01/2022 through 09/15/2022
DFW 76-2022, temporary amend filed 06/30/2022, effective 07/01/2022 through 09/15/2022
DFW 55-2022, temporary amend filed 05/25/2022, effective 06/01/2022 through 06/30/2022
DFW 32-2022, temporary amend filed 03/30/2022, effective 04/15/2022 through 06/30/2022
DFW 179-2021, temporary amend filed 12/22/2021, effective 01/01/2022 through 05/31/2022
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 154-2021, temporary amend filed 09/28/2021, effective 10/01/2021 through 12/31/2021
DFW 127-2021, temporary amend filed 08/27/2021, effective 09/01/2021 through 12/31/2021
DFW 117-2021, temporary amend filed 08/09/2021, effective 08/10/2021 through 12/31/2021
DFW 106-2021, temporary amend filed 07/19/2021, effective 07/19/2021 through 12/31/2021
DFW 90-2021, temporary amend filed 06/30/2021, effective 07/01/2021 through 07/14/2021
DFW 84-2021, temporary amend filed 06/25/2021, effective 07/01/2021 through 07/14/2021
DFW 76-2021, temporary amend filed 06/15/2021, effective 06/16/2021 through 06/30/2021
DFW 68-2021, temporary amend filed 05/28/2021, effective 06/01/2021 through 06/30/2021
DFW 44-2021, temporary amend filed 04/09/2021, effective 05/01/2021 through 06/30/2021
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 135-2020, temporary amend filed 10/01/2020, effective 10/01/2020 through 12/31/2020
DFW 77-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 09/15/2020
DFW 56-2020, temporary amend filed 05/14/2020, effective 05/14/2020 through 06/30/2020
DFW 16-2020, temporary amend filed 02/18/2020, effective 04/15/2020 through 06/30/2020
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 116-2019, temporary amend filed 08/09/2019, effective 12/22/2019 through 12/31/2019
DFW 115-2019, temporary amend filed 08/09/2019, effective 08/09/2019 through 12/21/2019
DFW 86-2019, temporary amend filed 06/26/2019, effective 12/22/2019 through 12/31/2019
DFW 85-2019, temporary amend filed 06/25/2019, effective 07/01/2019 through 12/21/2019
DFW 84-2019, temporary amend filed 06/25/2019, effective 06/25/2019 through 06/30/2019
DFW 38-2019, temporary amend filed 04/05/2019, effective 04/15/2019 through 06/30/2019
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 111-2018, temporary amend filed 08/07/2018, effective 08/09/2018 through 12/31/2018
DFW 100-2018, temporary amend filed 07/30/2018, effective 07/31/2018 through 12/31/2018
DFW 18-2018, temporary amend filed 02/13/2018, effective 04/15/2018 through 06/30/2018
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 104-2017(Temp), f. & cert. ef. 8-7-17 thru 12-31-17
DFW 102-2017(Temp), f. & cert. ef. 8-2-17 thru 12-31-17
DFW 42-2017(Temp), f. & cert. ef. 4-17-17 thru 6-30-17
DFW 38-2017(Temp), f. & cert. ef. 4-5-17 thru 10-1-17
DFW 14-2017(Temp), f. 2-14-17, cert. ef. 4-15-17 thru 6-30-17
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 17-2016(Temp), f. 3-21-16, cert. ef. 4-15-16 thru 7-31-16
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 141-2015(Temp), f. 10-15-15, cert. ef. 10-16-15 thru 12-31-15
DFW 128-2015(Temp), f. 9-14-15, cert. ef. 9-18-15 thru 12-31-15
DFW 120-2015(Temp), f. 8-31-15, cert. ef. 9-1-15 thru 12-31-15
DFW 99-2015(Temp), f. & cert. ef. 8-3-15 thru 12-31-15
DFW 88-2015(Temp), f. 7-16-15, cert. ef. 7-18-15 thru 12-31-15
DFW 27-2015(Temp), f. 4-9-15, cert. ef. 4-15-15 thru 6-30-15
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 83-2014(Temp), f. 7-1-14, cert. ef. 8-1-14 thru 10-31-14
DFW 13-2014(Temp), f. 2-18-14, cert. ef. 4-15-14 thru 7-31-14
DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 75-2013(Temp), f. 7-15-13, cert. ef. 8-1-13 thru 10-31-13
DFW 16-2013(Temp), f. 2-25-13, cert. ef. 4-15-13 thru 6-30-13
DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 88-2012(Temp), f. 7-16-12, cert. ef. 8-1-12 thru 10-31-12
DFW 55-2012(Temp), f. & cert. 6-4-12 thru 6-30-12
DFW 34-2012(Temp), f. 4-13-12, cert. ef. 4-15-12 thru 7-31-12
DFW 21-2012, f. & cert. ef. 3-12-12
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 160-2011(Temp), f. 12-20-11, cert. ef. 1-1-12 thru 4-30-12
DFW 123-2011(Temp), f. 9-2-11, cert. ef. 9-3-11 thru 12-31-11
DFW 93-2011(Temp), f. 7-13-11, cert. ef. 8-1-11 thru 10-31-11
DFW 42-2011(Temp), f. & cert. ef. 5-10-11 thru 10-31-11
DFW 17-2011(Temp), f. 2-17-11, cert. ef. 4-15-11 thru 7-31-11
DFW 16-2011(Temp), f. 2-16-11, cert. ef. 4-15-11 thru 7-31-11
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 164-2010(Temp), f. 12-28-10, cert. ef. 1-1-11 thru 6-29-11
DFW 106-2010(Temp), f. 7-26-10, cert. ef. 8-1-10 thru 12-31-10
DFW 86-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 10-31-10
DFW 66-2010(Temp), f. 5-18-10, cert. ef. 5-22-10 thru 10-31-10
DFW 27-2010(Temp), f. 3-8-10, cert. ef. 4-15-10 thru 7-31-10
DFW 7-2010(Temp), f. 1-25-10, cert. ef. 4-1-10 thru 7-31-10
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94, Renumbered from 635-018-0105, 635-018-0110, 635-018-0115, 635-018-0120, 635-018-0121, 635-018-0122, 635-018-0123, 635-018-0125, 635-018-0130, 635-018-0133, 635-018-0135, 635-018-0137, 635-018-0145, 635-018-0147, 635-018-0150, 635-018-0155, 635-018-0160, 635-018-0165, 635-018-0170, 635-018-0175, 635-018-0180, 635-018-0185, 635-018-0190, 635-018-0195, 635-018-0200, 635-018-0205, 635-018-0208, 635-018-0210, 635-018-0215, 635-018-0217, 635-018-0220, 635-018-0222, 635-018-0225, 635-018-0230, 635-018-0235, 635-018-0237, 635-018-0240, 635-018-0245, 635-018-0250, 635-018-0255, 635-018-0258, 635-018-0260, 635-018-0265, 635-018-0267, 635-018-0270, 635-018-0275, 635-018-0277, 635-018-0280, 635-018-0285, 635-018-0289, 635-018-0291, 635-018-0292, 635-018-0295, 635-018-0300, 635-018-0305, 635-018-0310; FWC 20-1994(Temp), f. & cert. ef. 4-11-94; FWC 24-1994(Temp), f. 4-29-94, cert. ef. 4-30-94; FWC 34-1994(Temp), f. 6-14-94, cert. ef. 6-16-94; FWC 54-1994, f. 8-25-94, cert. ef. 9-1-94; FWC 65-1994(Temp), f. 9-15-94, cert. ef. 9-17-94; FWC 67-1994(Temp), f. & cert. ef. 9-26-94; FWC 70-1994, f. 10-4-95, cert. ef. 11-1-94; FWC 18-1995, f. 3-2-95, cert. ef. 4-1-95; FWC 60-1995(Temp), f. 7-24-95, cert. ef. 8-1-95; FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96; FWC 11-1996(Temp), f. 3-8-96, cert. ef. 4-1-96; FWC 32-1996(Temp), f. 6-7-96, cert. ef. 6-16-96; FWC 38-1996(Temp), f. 6-14-96, cert. ef. 7-1-96; FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97; FWC 20-1997, f. & cert. ef. 3-24-97; FWC 21-1997, f. & cert. ef. 4-1-97; FWC 27-1997(Temp), f. 5-2-97, cert. ef. 5-9-97; FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98; DFW 25-1998(Temp), f. & cert. ef. 3-25-98 thru 8-31-98; DFW 56-1998(Temp), f. 7-24-98, cert. ef. 8-1-98 thru 10-31-98; DFW 70-1998, f. & cert. ef. 8-28-98; DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99; DFW 31-1999, f. & cert. ef. 5-3-99; DFW 78-1999, f. & cert. ef. 10-4-99; DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 12-2000(Temp), f. 3-20-00, cert. ef. 4-15-00 thru 7-31-00; DFW 27-2000(Temp), f. 5-15-00, cert. ef. 8-1-00 thru 10-31-00; DFW 28-2000, f. 5-23-00, cert. ef. 5-24-00 thru 7-31-00; DFW 83-2000(Temp), f. 12-28-00, cert. ef. 1-1-01 thru 1-31-01; DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01; DFW 13-2001(Temp), f. 3-12-01, cert. ef. 4-7-01 thru 7-31-01; DFW 40-2001(Temp), f. & cert. ef. 5-24-01 thru 11-20-01; DFW 44-2001(Temp), f. 5-25-01, cert. ef. 6-1-01 thru 7-31-01; DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02; DFW 5-2002(Temp), f. 1-11-02 cert. ef. 1-12-02 thru 7-11-02; DFW 23-2002(Temp), f. 3-21-02, cert. ef. 4-6-02 thru 7-31-02; DFW 25-2002(Temp), f. 3-22-02, cert. ef. 4-6-02 thru 7-31-02; DFW 26-2002, f. & cert. ef. 3-21-02; DFW 62-2002, f. 6-14-02, cert. ef. 7-11-02; DFW 74-2002(Temp), f. 7-18-02, cert. ef. 8-1-02 thru 10-31-02; DFW 91-2002(Temp) f. 8-19-02, cert. ef 8-20-02 thru 11-1-02; Suspended by DFW 101-2002(Temp), f. & cert. ef. 10-3-02 thru 11-1-02; DFW 97-2002(Temp), f. & cert. ef. 8-29-02 thru 10-31-02; DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03; DFW 26-2003(Temp), f. 3-28-03, cert. ef. 4-15-03 thru 7-31-03; DFW 66-2003(Temp), f. 7-17-03, cert. ef. 8-1-03 thru 10-31-03; DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04; DFW 23-2004(Temp), f. 3-22-04, cert. ef. 4-1-04 thru 7-31-04; DFW 77-2004(Temp), f. 7-28-04, cert. ef. 8-1-04 thru 10-31-04; Administrative correction, 11-22-04; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 19-2005(Temp), f. 3-16-05, cert. ef. 4-15-05 thru 7-31-05; DFW 41-2005(Temp), f. 5-13-05, cert. ef. 5-15-05 thru 7-31-05; DFW 83-2005(Temp), f. 7-29-05, cert. ef. 8-1-05 thru 10-31-05; DFW 84-2005(Temp), f. & cert. ef. 8-1-05 thru 12-31-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 59-2006(Temp), f. 7-10-06, cert. ef. 8-1-06 thru 10-31-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 18-2007(Temp), f. 3-22-07, cert. ef. 4-15-07 thru 7-31-07; DFW 55-2007(Temp), f. 7-6-07, cert. ef. 8-1-07 thru 10-31-07; Administrative correction, 11-17-07; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 26-2008(Temp), f. 3-17-08, cert. ef. 4-15-08 thru 7-31-08; DFW 27-2008(Temp), f. 3-24-08, cert. ef. 5-1-08 thru 10-27-08; Administrative correction, 11-18-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 16-2009(Temp), f. 2-25-09, cert. ef. 4-15-09 thru 6-30-09; DFW 61-2009(Temp), f. 6-1-09, cert. ef. 8-1-09 thru 10-31-09; DFW 104-2009(Temp), f. 8-28-09, cert. ef. 9-1-09 thru 12-31-09

Or. Admin. R. 635-018-0500 Temporary rule language in effect until 09/15/2026. Mid-Columbia District

(1) Effective June 16 through July 14, the daily adult salmon and steelhead bag limit may not include more than one hatchery steelhead in these locations:

(a) Eagle Creek. That portion of Eagle Creek (Central Zone) from the angling deadline in Eagle Creek (200 feet downstream of hatchery fishway entrance) downstream to the mouth at the mainline railroad bridge.

(b) Deschutes River: The lower Deschutes River from markers at the lower end of Moody Rapids downstream to the mouth at the Interstate 84 Bridge.

(2) Seasonal closures prohibiting angling may be enacted to provide additional protection for upriver summer steelhead. When enacted, closures will be from July 15-September 15 in the lower reaches of Columbia River tributaries within the Central Zone as specified in section (3).

(3) The closures will be in the lower reaches of Eagle Creek and the Deschutes River as described below, and in OAR 635-023-0090 (3)(a) and (3)(e):

(a) Eagle Creek. That portion of Eagle Creek from the angling deadline in Eagle Creek (200 feet downstream of hatchery fishway entrance) downstream to the mouth at the mainline railroad bridge will be closed to angling from July 15 through September 15.

(b) Deschutes River: The lower Deschutes River from markers at the lower end of Moody Rapids downstream to the mouth at the Interstate 84 Bridge will be closed to angling from July 15 through September 15.

(4) Except as described above, other permanent rules apply.

(5) Nothing in this rule precludes the Department from recommending or the Commission from enacting protective measures for Columbia River steelhead not described in this rule that the Department or Commission deems necessary for conservation purposes, respectively.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 58-2026, temporary amend filed 06/15/2026, effective 06/16/2026 through 09/15/2026
DFW 52-2025, temporary amend filed 07/02/2025, effective 07/02/2025 through 12/28/2025
DFW 43-2024, temporary amend filed 06/07/2024, effective 06/16/2024 through 09/18/2024
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Or. Admin. R. 635-018-0510 Temporary rule language in effect until 12/31/2026. Deschutes District

(1) The 2026 Oregon Sport Fishing Regulations provide requirements for the Central Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the 2026 Oregon Sport Fishing Regulations.

(2) Seasonal closures prohibiting angling may be enacted to provide additional protection for upriver summer steelhead.

(3) The closures will be in the lower Deschutes River from river mile 0 to 100, as described below.

(4) Except as described above, other permanent rules apply.

(5) Nothing in this rule precludes the Department from recommending or enacting, as needed for conservation purposes, protective measures for Deschutes River steelhead not described in this rule.

(6) The Deschutes River is closed as follows:

(a) Effective August 15 through December 31, closed to angling for and retention of salmon and steelhead from the mouth at the west bound Interstate 84 Bridge upstream to the upper railroad trestle three miles downstream of Sherars Falls;

(b) Effective August 15 through December 31, closed to angling for and retention of steelhead from the upper railroad trestle three miles downstream of Sherars Falls upstream to Sherars Falls;

(c) Effective August 15 through December 31, closed to angling for and retention of steelhead and coho salmon from Sherars Falls upstream to the Pelton Reregulating Reservoir.

(7) All other permanent rules for the Central Zone, as stated in the 2026 Oregon Sport Fishing Regulations, remain in effect.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 83-2026, temporary amend filed 08/10/2026, effective 08/15/2026 through 12/31/2026
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Division 19 NORTHEAST ZONE SPORT ANGLING REGULATIONS

Or. Admin. R. 635-019-0080 Purpose and Scope

(1) The purpose of Division 019 is to provide for management of sport fisheries in the Northeast Zone over which the State has jurisdiction.

(2) Division 019 incorporates by reference the most current version of the annual 2026 or 2027 Oregon Sport Fishing Regulations. Therefore, persons must consult the current annual Oregon Sport Fishing Regulations in addition to Division 011 and Division 019 to determine all applicable sport fishing requirements for the Northeast Zone.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 143-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 42-2017(Temp), f. & cert. ef. 4-17-17 thru 6-30-17
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04
DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03
DFW 26-2002, f. & cert. ef. 3-21-02
DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02
DFW 70-2001, f. & cert. ef. 8-10-01
DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01
DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00
DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99
FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98
FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96
FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95
FWC 66-1993, f. & cert. ef. 10-11-93
FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94, Renumbered from 635-019-0105, 635-019-0110, 635-019-0115, 635-019-0120, 635-019-0125, 635-019-0127, 635-019-0130, 635-019-0135, 635-019-0140, 635-019-0144, 635-019-0145, 635-019-0150, 635-019-0155, 635-019-0160, 635-019-0165, 635-019-0170, 635-019-0172, 635-019-0175, 635-019-0180, 635-019-0185, 635-019-0190, 635-019-0195, 635-019-0200, 635-019-0205, 635-019-0210, 635-019-0215, 635-019-0220, 635-019-0225, 635-019-0230, 635-019-0235, 635-019-0240
FWC 63-1993, f. & cert. ef. 10-1-93
FWC 34-1993(Temp), f. 5-26-93, cert. ef. 5-29-93
FWC 27-1993(Temp), f. 4-15-93, cert. ef. 4-16-93
FWC 15-1993(Temp), f. 2-26-93, cert. ef. 3-1-93
FWC 129-1992, f. 12-21-92, cert. ef. 1-1-93
FWC 104-1992, f. 10-2-92, cert. ef. 1-1-93
FWC 101-1992, f. 9-29-92, cert. ef. 10-1-92
FWC 143-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 53-1991(Temp), f. 5-30-91, cert. ef. 6-1-91
FWC 41-1991, f. 4-25-91, cert. ef. 4-26-91
FWC 34-1991(Temp), f. 3-29-91, cert. ef. 4-16-91
FWC 121-1990 (Temp), f. 11-14-90, cert. ef. 11-15-90
FWC 120-1990(Temp), f. & cert. ef. 11-1-90
FWC 44-1990(Temp), f. 5-25-90, cert. ef. 5-26-90
FWC 1-1990, f. & cert. ef. 1-10-90
FWC 126-1989, f. 12-29-89, cert. ef. 1-1-90
FWC 101-1989(Temp), f. 9-28-89, cert. ef. 10-1-89
FWC 98-1989(Temp), f. 9-27-89, cert. ef. 10-1-89
FWC 27-1989 (Temp), f. 4-14-89, cert. ef. 4-15-89
FWC 57-1988 (Temp), f. 7-13-88, cert. ef. 7-12-88
FWC 52-1988(Temp), f. & cert. ef. 7-1-88
FWC 32-1988(Temp), f. 5-20-88, cert. ef. 5-21-88
FWC 26-1988, f. 4-27-88, cert. ef. 5-1-88
FWC 24-1988, f. & cert. ef. 4-4-88
FWC 110-1987(Temp), f. 12-31-87, cert. ef. 1-1-88
FWC 24-1987(Temp), f. & cert. ef. 5-29-87
FWC 7-1987(Temp), f. & cert. ef. 2-20-87
FWC 17-1986(Temp), f. 5-23-86, cert. ef. 5-24-86
FWC 86-1985, f. 12-31-85, cert. ef. 1-1-86
FWC 57-1985(Temp), f. & cert. ef. 9-13-85
FWC 26-1985 (Temp), f. & cert. ef. 6-11-85
FWC 6-1985, f. & cert. ef. 2-19-85
FWC 79-1984(Temp), f. & cert. ef. 12-4-84
FWC 2-1984, f. & cert. ef. 1-10-84
FWC 40-1983(Temp), f. & cert. ef. 8-31-83
FWC 40-1983(Temp), f. & cert. ef. 8-31-83
FWC 24-1983, f. & cert. ef. 6-20-83
FWC 20-1983(Temp), f. 5-31-83, cert. ef. 6-1-83
FWC 83-1982, f. 12-30-82, cert. ef. 1-1-83
FWC 74-1982(Temp), f. & cert. ef. 10-27-82
FWC 64-1982(Temp), f. & cert. ef. 9-17-82
FWC 11-1982, f. & cert. ef. 2-9-82

Or. Admin. R. 635-019-0090 Inclusions and Modifications

The current annual Oregon Sport Fishing Regulations provide requirements for the Northeast Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the current annual Oregon Sport Fishing Regulations .

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 100-2025, temporary amend filed 10/17/2025, effective 10/18/2025 through 12/31/2025
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 105-2023, temporary amend filed 10/05/2023, effective 10/06/2023 through 12/31/2023
DFW 89-2023, temporary amend filed 09/01/2023, effective 09/01/2023 through 12/31/2023
DFW 54-2023, temporary amend filed 06/27/2023, effective 06/27/2023 through 08/31/2023
DFW 52-2023, temporary amend filed 06/12/2023, effective 06/16/2023 through 06/26/2023
DFW 46-2023, temporary amend filed 05/31/2023, effective 06/03/2023 through 06/26/2023
DFW 161-2022, temporary amend filed 12/29/2022, effective 01/01/2023 through 06/26/2023
DFW 157-2022, temporary amend filed 12/21/2022, effective 01/01/2023 through 06/26/2023
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 128-2022, temporary amend filed 09/21/2022, effective 09/24/2022 through 12/31/2022
DFW 119-2022, temporary amend filed 09/06/2022, effective 09/15/2022 through 12/31/2022
DFW 110-2022, temporary amend filed 08/19/2022, effective 09/01/2022 through 12/31/2022
DFW 95-2022, temporary amend filed 07/21/2022, effective 07/25/2022 through 12/31/2022
DFW 77-2022, temporary amend filed 06/30/2022, effective 07/01/2022 through 07/24/2022
DFW 71-2022, temporary amend filed 06/24/2022, effective 06/25/2022 through 07/24/2022
DFW 66-2022, temporary amend filed 06/21/2022, effective 06/25/2022 through 07/24/2022
DFW 63-2022, temporary amend filed 06/13/2022, effective 06/25/2022 through 07/24/2022
DFW 62-2022, temporary amend filed 06/09/2022, effective 06/10/2022 through 06/24/2022
DFW 22-2022, temporary amend filed 02/28/2022, effective 03/01/2022 through 05/31/2022
DFW 179-2021, temporary amend filed 12/22/2021, effective 01/01/2022 through 05/31/2022
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 156-2021, temporary amend filed 09/30/2021, effective 10/01/2021 through 12/31/2021
DFW 133-2021, temporary amend filed 09/03/2021, effective 09/03/2021 through 12/31/2021
DFW 126-2021, temporary amend filed 08/27/2021, effective 09/01/2021 through 12/31/2021
DFW 99-2021, temporary amend filed 07/14/2021, effective 07/15/2021 through 08/31/2021
DFW 91-2021, temporary amend filed 06/30/2021, effective 07/01/2021 through 08/31/2021
DFW 85-2021, temporary amend filed 06/25/2021, effective 07/01/2021 through 08/31/2021
DFW 77-2021, temporary amend filed 06/15/2021, effective 06/16/2021 through 06/30/2021
DFW 65-2021, temporary amend filed 05/24/2021, effective 05/25/2021 through 06/30/2021
DFW 48-2021, temporary amend filed 04/15/2021, effective 04/15/2021 through 06/30/2021
DFW 35-2021, temporary amend filed 03/24/2021, effective 03/24/2021 through 06/30/2021
DFW 160-2020, temporary amend filed 12/22/2020, effective 01/01/2021 through 04/30/2021
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 145-2020, temporary amend filed 10/30/2020, effective 11/01/2020 through 12/31/2020
DFW 132-2020, temporary amend filed 09/28/2020, effective 10/01/2020 through 12/31/2020
DFW 113-2020, temporary amend filed 09/02/2020, effective 09/02/2020 through 12/31/2020
DFW 109-2020, temporary amend filed 08/27/2020, effective 08/27/2020 through 08/31/2020
DFW 78-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 08/31/2020
DFW 56-2020, temporary amend filed 05/14/2020, effective 05/14/2020 through 06/30/2020
DFW 50-2020, temporary amend filed 05/01/2020, effective 05/01/2020 through 06/30/2020
DFW 35-2020, temporary amend filed 03/27/2020, effective 04/16/2020 through 04/30/2020
DFW 182-2019, temporary amend filed 12/23/2019, effective 01/01/2020 through 04/30/2020
DFW 178-2019, amend filed 12/17/2019, effective 05/01/2020
DFW 143-2019, temporary amend filed 09/26/2019, effective 01/01/2020 through 04/30/2020
DFW 142-2019, temporary amend filed 09/26/2019, effective 12/22/2019 through 12/31/2019
DFW 141-2019, temporary amend filed 09/26/2019, effective 09/26/2019 through 12/21/2019
DFW 121-2019, temporary amend filed 08/21/2019, effective 12/22/2019 through 12/31/2019
DFW 120-2019, temporary amend filed 08/21/2019, effective 08/24/2019 through 12/21/2019
DFW 86-2019, temporary amend filed 06/26/2019, effective 12/22/2019 through 12/31/2019
DFW 85-2019, temporary amend filed 06/25/2019, effective 07/01/2019 through 12/21/2019
DFW 84-2019, temporary amend filed 06/25/2019, effective 06/25/2019 through 06/30/2019
DFW 62-2019, temporary amend filed 05/22/2019, effective 05/25/2019 through 06/30/2019
DFW 186-2018, temporary amend filed 12/20/2018, effective 01/01/2019 through 04/30/2019
DFW 173-2018, temporary amend filed 10/30/2018, effective 01/01/2019 through 04/30/2019
DFW 172-2018, temporary amend filed 10/30/2018, effective 11/01/2018 through 12/31/2018
DFW 165-2018, temporary amend filed 10/25/2018, effective 11/01/2018 through 12/31/2018
DFW 157-2018, temporary amend filed 10/09/2018, effective 01/01/2019 through 04/30/2019
DFW 156-2018, temporary amend filed 10/09/2018, effective 10/15/2018 through 12/31/2018
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 128-2018, temporary amend filed 08/30/2018, effective 09/01/2018 through 12/31/2018
DFW 125-2018, temporary amend filed 08/29/2018, effective 09/01/2018 through 12/31/2018
DFW 122-2018, temporary amend filed 08/24/2018, effective 08/27/2018 through 12/31/2018
DFW 66-2018, temporary amend filed 06/08/2018, effective 06/11/2018 through 07/01/2018
DFW 60-2018, temporary amend filed 05/25/2018, effective 06/02/2018 through 07/01/2018
DFW 131-2017, temporary amend filed 10/17/2017, effective 10/21/2017 through 12/31/2017
DFW 130-2017, temporary amend filed 10/17/2017, effective 10/17/2017 through 12/31/2017
DFW 115-2017(Temp), f. & cert. ef. 8-24-17 thru 12-31-17
DFW 112-2017(Temp), f. & cert. ef. 8-14-17 thru 12-31-17
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 102-2017(Temp), f. & cert. ef. 8-2-17 thru 12-31-17
DFW 93-2017(Temp), f. & cert. ef. 7-21-17 thru 10-31-17
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 94-2016(Temp), f. & cert. ef. 7-18-16 thru 8-31-16
DFW 82-2016(Temp), f. 6-27-16, cert. ef. 7-3-16 thru 8-31-16
DFW 80-2016(Temp), f. 6-24-16, cert. ef. 7-2-16 thru 8-31-16
DFW 62-2016(Temp), f. 6-1-16, cert. ef. 6-15-16 thru 8-31-16
DFW 54-2016(Temp), 5-23-16, cert. ef. 5-18-16 thru 6-5-16
DFW 45-2016(Temp), f. 5-5-16, cert. ef. 5-10-16 thru 6-5-16
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 121-2015(Temp), f. 8-31-15, cert. ef. 9-1-15 thru 12-31-15
DFW 99-2015(Temp), f. & cert. ef. 8-3-15 thru 12-31-15
DFW 88-2015(Temp), f. 7-16-15, cert. ef. 7-18-15 thru 12-31-15
DFW 81-2015(Temp), f. 7-1-15, cert. ef. 7-5-15 thru 8-31-15
DFW 64-2015(Temp), f. & cert. ef. 6-9-15 thru 8-31-15
DFW 53-2015(Temp), f. 5-27-15, cert. ef. 6-6-15 thru 8-31-15
DFW 45-2015(Temp), f. 5-15-15, cert. ef. 5-20-15 thru 6-30-15
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 97-2014(Temp), f. 7-18-14, cert. ef. 7-21-14 thru 9-30-14
DFW 86-2014(Temp), f. 7-2-14, cert. ef. 7-5-14 thru 9-1-14
DFW 82-2014(Temp), f. 7-1-14, cert. ef. 7-5-14 thru 9-1-14
DFW 75-2014(Temp), f. 6-23-14, cert. ef. 6-27-14 thru 9-1-14
DFW 72-2014(Temp), f. & cert. ef. 6-19-14 thru 9-1-14
DFW 71-2014(Temp), f. 6-16-14, cert. ef. 6-18-14 thru 9-1-14
DFW 58-2014(Temp), f. 6-9-14, cert. ef. 6-21-14 thru 8-31-14
DFW 53-2014(Temp), f. 5-28-14, cert. ef. 6-1-14 thru 7-31-14
DFW 47-2014(Temp), f. 5-27-14, cert. ef. 5-31-14 thru 7-31-14
DFW 42-2014(Temp), f. 5-12-14, cert. ef. 5-17-14 thru 6-1-14
DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 121-2013(Temp), f. 10-24-13, cert. ef. 11-1-13 thru 12-31-13
DFW 74-2013(Temp), f. 7-15-13, cert. ef. 7-19-13 thru 9-1-13
DFW 62-2013(Temp), f. 6-26-13, cert. ef. 7-5-13 thru 12-31-13
DFW 46-2013(Temp), f. 5-30-13, cert. ef. 6-1-13 thru 11-26-13
DFW 39-2013(Temp), f. 5-22-13, cert. ef. 5-24-13 thru 11-19-13
DFW 31-2013(Temp), f. 5-14-13, cert. ef. 5-16-13 thru 6-30-13
DFW 153-2012(Temp), f. 12-28-12, cert. ef. 1-1-13 thru 4-30-13
DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 86-2012(Temp), f. 7-10-12, cert. ef. 7-15-12 thru 9-1-12
DFW 72-2012(Temp), f. 6-29-12, cert. ef. 7-1-12 thru 8-31-12
DFW 70-2012(Temp), f. 6-26-12, cert. ef. 6-27-12 thru 9-1-12
DFW 69-2012(Temp), f. 6-20-12, cert. ef. 6-22-12 thru 9-1-12
DFW 61-2012(Temp), f. & cert. ef. 6-11-12 thru 8-31-12
DFW 50-2012(Temp), f. 5-22-12, cert. ef. 5-24-12 thru 9-1-12
DFW 48-2012(Temp), f. 5-18-12, cert. ef. 5-23-12 thru 9-1-12
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 104-2011(Temp), f. 8-1-11, cert. ef. 8-7-11 thru 9-1-11
DFW 99-2011(Temp), f. 7-21-11, cert. ef. 7-23-11 thru 9-1-11
DFW 92-2011(Temp), f. 7-12-11, cert. ef. 7-16-11 thru 10-31-11
DFW 90-2011(Temp), f. & cert. ef. 7-11-11 thru 9-1-11
DFW 64-2011(Temp), f. 6-10-11, cert. ef. 6-13-11 thru 9-1-11
DFW 49-2011(Temp), f. 5-16-11, cert. ef. 5-28-11 thru 9-1-11
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 102-2010(Temp), f. 7-20-10, cert. ef 7-25-10 thru 9-1-10
DFW 95-2010(Temp), f. 7-1-10, cert. ef. 7-11-10 thru 9-1-10
DFW 54-2010(Temp), f. 5-6-10, cert. ef. 5-22-10 thru 9-1-10
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 131-2009(Temp), f. 10-14-09, cert. ef. 10-18-09 thru 4-15-10
DFW 128-2009(Temp), f. 10-12-09, cert. ef. 10-18-09 thru 4-15-10
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 76-2008(Temp), f. & cert. ef. 7-9-08 thru 9-1-08
DFW 56-2008(Temp), f. 5-30-08, cert. ef. 5-31-08 thru 6-30-08
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 34-2007(Temp), f. 5-25-07, cert. ef. 5-26-07 thru 9-30-07
DFW 30-2007(Temp), f. 5-9-07, cert. ef. 5-10-07 thru 9-30-07
DFW 12-2007(Temp), f. 2-28-07, cert. ef. 3-1-07 thru 8-27-07
DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07
DFW 33-2006(Temp), f. 5-24-06, cert. ef. 5-25-06 thru 6-30-06
DFW 28-2006(Temp), f. & cert. ef. 5-15-06 thru 6-30-06
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 99-2005(Temp), f. 8-24-05, cert. ef. 8-26-05 thru 9-30-05
DFW 61-2005(Temp), f. 6-22-05, cert. ef. 6-25-05 thru 7-4-05
DFW 42-2005(Temp), f. & cert. ef. 5-13-05 thru 9-1-05
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 55-2004(Temp), f. 6-16-04, cert. ef. 6-19-04 thru 7-5-04
DFW 46-2004(Temp), f. 5-21-04, cert. ef. 5-22-04 thru 7-1-04
DFW 40-2004(Temp), f. 5-7-04, cert. ef. 5-13-04 thru 7-1-04
DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04
DFW 48-2003(Temp), f. & cert. ef. 6-5-03 thru 7-1-03
DFW 44-2003(Temp), f. 5-23-03, cert. ef. 5-28-03 thru 7-1-03
DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03
DFW 101-2002(Temp), f. & cert. ef. 10-3-02 thru 11-1-02
DFW 91-2002(Temp) f. 8-19-02, cert. ef 8-20-02 thru 11-1-02
DFW 57-2002(Temp), f. & cert. ef. 5-30-02 thru 7-1-02
DFW 53-2002(Temp), f. 5-24-02, cert. ef. 5-26-02 thru 7-1-02
DFW 52-2002(Temp), f. 5-22-02, cert. ef. 5-26-02 thru 7-1-02
DFW 26-2002, f. & cert. ef. 3-21-02
DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02
DFW 122-2001(Temp), f. & cert. ef. 12-31-01 thru 5-31-02
DFW 96-2001(Temp), f. 10-4-01, cert. ef. 12-1-01 thru 12-31-01
DFW 71-2001(Temp), f. 8-10-01, cert. ef. 9-1-01 thru 12-31-01
DFW 70-2001, f. & cert. ef. 8-10-01
DFW 45-2001(Temp), f. 6-1-01, cert. ef. 6-2-01 thru 7-31-01
DFW 49-2001(Temp), f. 6-19-01, cert. ef. 6-22-01 thru 7-31-01
DFW 40-2001(Temp), f. & cert. ef. 5-24-01 thru 11-20-01
DFW 39-2001(Temp), f. 5-23-01, cert. ef. 5-26-01 thru 7-1-01
DFW 5-2001(Temp), f. 2-22-01, cert. ef. 2-24-01 thru 4-15-01
DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01
DFW 83-2000(Temp), f. 12-28-00, cert. ef. 1-1-01 thru 1-31-01
DFW 64-2000(Temp), f. 9-21-00, cert. ef. 9-22-00 thru 3-20-01
DFW 17-2000(Temp), f. 4-10-00, cert. ef. 4-16-00 thru 6-30-00
DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00
DFW 45-1999(Temp), f. & cert. ef. 6-14-99 thru 6-20-99
DFW 43-1999(Temp), f. & cert. ef. 6-10-99 thru 6-13-99
DFW 37-1999(Temp), f. 5-24-99, cert. ef. 5-29-99 thru 6-5-99
DFW 8-1999(Temp), f. & cert. ef. 2-23-99 thru 4-15-99
DFW 5-1999(Temp), f. 2-5-99, cert. ef. 2-6-99 thru 2-19-99
DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99
DFW 13-1998(Temp), f. & cert. ef. 2-26-98 thru 4-15-98
FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98
FWC 26-1997(Temp), f. 4-23-97, cert. ef. 5-17-97
FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97
FWC 57-1996(Temp), f. 9-27-96, cert. ef. 10-1-96
FWC 27-1996(Temp), f. 5-24-96, cert. ef. 5-25-96
FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96
FWC 70-1995, f. 8-29-95, cert. ef. 9-1-95
FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95
FWC 57-1994(Temp), f. 8-30-94, cert. ef. 10-1-94
FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94

Or. Admin. R. 635-019-0500 Temporary rule language in effect until 12/31/2026. John Day District

Effective September 1, 2026 through December 31, 2026, angling for and retention of all steelhead is closed in the John Day River from the mainline railroad bridge at the mouth of the Columbia and all sections upstream, including both the North and Middle Forks of the John Day River, as well as all tributaries.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 91-2026, temporary amend filed 09/01/2026, effective 09/01/2026 through 12/31/2026
DFW 57-2026, temporary amend filed 06/15/2026, effective 06/16/2026 through 08/31/2026
DFW 52-2025, temporary amend filed 07/02/2025, effective 07/02/2025 through 12/28/2025
DFW 101-2024, temporary suspends temporary DFW 86-2024, filed 10/31/2024, effective 11/01/2024 through 12/31/2024
DFW 86-2024, temporary amend filed 09/25/2024, effective 09/25/2024 through 12/31/2024
DFW 44-2024, temporary amend filed 06/07/2024, effective 06/16/2024 through 08/29/2024
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Or. Admin. R. 635-019-0510 Umatilla District

Reserving Number

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 47-2026, temporary amend filed 05/28/2026, effective 05/30/2026 through 06/30/2026
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Or. Admin. R. 635-019-0520 La Grande District

Reserving Number

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 36-2026, temporary amend filed 05/11/2026, effective 05/15/2026 through 06/14/2026
DFW 46-2025, temporary amend filed 06/17/2025, effective 06/18/2025 through 06/29/2025
DFW 34-2024, temporary amend filed 05/17/2024, effective 05/24/2024 through 07/31/2024
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Or. Admin. R. 635-019-0530 Wallowa District

Reserving Number

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Division 21 SOUTHEAST ZONE SPORT ANGLING REGULATIONS

Or. Admin. R. 635-021-0080 Purpose and Scope

(1) The purpose of Division 021 is to provide for management of sport fisheries in the Southeast Zone, over which the State has jurisdiction.

(2) Division 021 incorporates by reference the most current version of the annual 2026 or 2027 Oregon Sport Fishing Regulations. Therefore, persons must consult the current annual Oregon Sport Fishing Regulations in addition to Division 011 and Division 021 to determine all applicable sport fishing requirements for the Southeast Zone.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 144-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04
DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03
DFW 26-2002, f. & cert. ef. 3-21-02
DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02
DFW 85-2001(Temp), f. & cert. ef. 8-30-01 thru 12-31-01
DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01
DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00
DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99
FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98
FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97
FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96
FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95
FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94, Renumbered from 635-021-0105, 635-021-0110, 635-021-0115, 635-021-0121, 635-021-0125, 635-021-0130, 635-021-0135, 635-021-0140, 635-021-0145, 635-021-0147, 635-021-0149, 635-021-0150, 635-021-0155, 635-021-0160, 635-021-0165, 635-021-0169, 635-021-0170, 635-021-0171, 635-021-0172, 635-021-0173, 635-021-0174, 635-021-0175, 635-021-0180, 635-021-0185, 635-021-0190, 635-021-0195, 635-021-0200, 635-021-0205, 635-021-0210, 635-021-0211, 635-021-0215, 635-021-0216, 635-021-0225, 635-021-0230, 635-021-0233, 635-021-0234, 635-021-0235, 635-021-0240, 635-021-0245, 635-021-0246, 635-021-0247, 635-021-0248, 635-021-0249, 635-021-0250, 635-021-0255, 635-021-0260, 635-021-0265, 635-021-0271, 635-021-0275, 635-021-0278, 635-021-0280, 635-021-0285, 635-021-0287, 635-021-0290
FWC 33-1993, f. & cert. ef. 5-24-93
FWC 129-1992, f. 12-21-92, cert. ef. 1-1-93
FWC 98-1992(Temp), f. 9-24-92, cert. ef. 9-26-92
FWC 143-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 91-1991, f. 8-26-91, cert. ef. 8-28-91
FWC 90-1991(Temp), f. & cert. ef. 8-20-91
FWC 41-1991, f. 4-25-91, cert. ef. 4-26-91
FWC 28-1991(Temp), f. & cert. ef. 3-15-91
FWC 71-1990, f. 7-26-90, cert. ef. 8-1-90
FWC 38-1990(Temp), f. 5-11-90, cert. ef. 5-12-90
FWC 34-1990(Temp), f. & cert. ef. 4-16-90
FWC 1-1990, f. & cert. ef. 1-10-90
FWC 126-1989, f. 12-29-89, cert. ef. 1-1-90
FWC 24-1988, f. & cert. ef. 4-4-88
FWC 110-1987(Temp), f. 12-31-87, cert. ef. 1-1-88
FWC 5-1987, f. & cert. ef. 2-6-87
FWC 75-1986(Temp), f. & cert. ef. 11-26-86
FWC 65-1986(Temp), f. & ef. 10-10-86
FWC 86-1985, f. 12-31-85, ef. 1-1-86
FWC 69-1985(Temp), f. & ef. 10-23-85
FWC 78-1984, f. 11-28-84, cert. ef. 12-1-84
FWC 24-1984(Temp), f. & cert. ef. 5-22-84
FWC 2-1984, f. & cert. ef. 1-10-84
FWC 66-1983(Temp), f. & cert. ef. 12-7-83
FWC 83-1982, f. 12-30-82, cert. ef. 1-1-83
FWC 11-1982, f. & cert. ef. 2-9-82

Or. Admin. R. 635-021-0090 Inclusions and Modifications

(1) The current annual Oregon Sport Fishing Regulations provide requirements for the Southeast Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the.current annual Oregon Sport Fishing Regulations.

(2) From June 1 through August 31, the Malheur River is open to angling for spring Chinook on the mainstem river from the Bluebucket Creek confluence upstream to the headwaters of McCoy Creek, Lake Creek, Big Creek and tributaries, and Bosonberg Creek. The daily bag limit is two (2) hatchery spring Chinook; two daily limits in possession.

(3) Burns Paiute Tribal members participating in this experimental spring Chinook fishery are governed by the conditions and limitations established in the Burns Paiute Tribal Fishing Code.

(a) Burns Paiute Tribal members are not required to have an ODFW angling license or report catch on an ODFW combined angling tag when fishing for spring Chinook in the area described above in section (2).

(b) Burns Paiute Tribal members must have a valid tribal identification card in their possession.

(c) When fishing for any species other than spring Chinook, an ODFW angling license is required and General, Statewide and Southeast Zone regulations, as provided in the Oregon Sport Fishing Regulations, remain in effect.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 64-2025, temporary amend filed 07/31/2025, effective 08/01/2025 through 09/30/2025
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 65-2023, temporary amend filed 07/11/2023, effective 07/17/2023 through 12/31/2023
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 93-2022, temporary amend filed 07/21/2022, effective 07/22/2022 through 10/31/2022
DFW 68-2022, temporary amend filed 06/21/2022, effective 06/22/2022 through 10/31/2022
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 160-2021, temporary amend filed 10/07/2021, effective 10/11/2021 through 12/31/2021
DFW 134-2021, temporary amend filed 09/03/2021, effective 09/03/2021 through 10/10/2021
DFW 100-2021, temporary amend filed 07/14/2021, effective 07/15/2021 through 10/10/2021
DFW 46-2021, temporary amend filed 04/12/2021, effective 04/14/2021 through 10/10/2021
DFW 153-2020, amend filed 12/17/2020, effective 12/17/2020
DFW 72-2020, temporary amend filed 06/19/2020, effective 06/19/2020 through 08/15/2020
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 132-2019, temporary amend filed 09/06/2019, effective 09/11/2019 through 10/15/2019
DFW 64-2019, temporary amend filed 05/30/2019, effective 06/12/2019 through 08/15/2019
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 107-2018, temporary amend filed 08/07/2018, effective 08/16/2018 through 09/30/2018
DFW 106-2018, temporary amend filed 08/07/2018, effective 08/10/2018 through 08/15/2018
DFW 61-2018, temporary amend filed 05/30/2018, effective 06/12/2018 through 08/15/2018
DFW 136-2017, temporary amend filed 10/18/2017, effective 11/01/2017 through 12/31/2017
DFW 111-2017(Temp), f. & cert. ef. 8-11-17 thru 12-31-17
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 77-2017(Temp), f. 6-20-17, cert. ef. 6-27-17 thru 12-23-17
DFW 1-2017(Temp), f. & cert. ef. 1-18-17 thru 4-21-17
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 105-2016, f. & cert. ef. 8-10-16
DFW 58-2016(Temp), f. 5-25-16, cert. ef. 6-8-16 thru 9-1-16
DFW 37-2016(Temp), f. 4-26-16, cert. ef. 5-1-16 thru 10-27-16
DFW 24-2016(Temp), f. 3-30-16, cert. ef. 4-1-16 thru 9-27-16
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 121-2015(Temp), f. 8-31-15, cert. ef. 9-1-15 thru 12-31-15
DFW 88-2015(Temp), f. 7-16-15, cert. ef. 7-18-15 thru 12-31-15
DFW 85-2015(Temp), f. 7-13-15, cert. ef. 7-18-15 thru 10-31-15
DFW 44-2015(Temp), f. 5-15-15, cert. ef. 5-20-15 thru 9-1-15
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 149-2014(Temp), f. 10-13-14, cert. ef. 11-1-14 thru 12-31-14
DFW 116-2014(Temp), f. 8-6-14, cert. ef. 8-9-14 thru 12-31-14
DFW 90-2014(Temp), f. 7-10-14, cert. ef. 7-11-14 thru 12-31-14
DFW 57-2014(Temp), f. 6-9-14, cert. ef. 6-11-14 thru 9-1-14
DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 93-2013(Temp), f. 8-22-13, cert. ef. 8-24-13 thru 12-31-13
DFW 61-2013(Temp), f. 6-24-13, cert. ef. 7-1-13 thru 12-27-13
DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 122-2012(Temp), f. 9-21-12, cert. ef. 9-21-12 thru 12-31-12
DFW 117-2012(Temp), f. 9-5-12, cert. ef. 9-7-12 thru 2-27-13
DFW 114-2012(Temp), f. 8-30-12, cert. ef. 9-1-12 thru 2-27-13
DFW 60-2012(Temp), f. 6-11-12, cert. ef. 6-13-12 thru 9-1-12
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 50-2011(Temp), f. 5-16-11, cert. ef. 5-28-11 thru 9-1-11
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 78-2010(Temp), f. 6-10-10, cert. ef. 6-11-10 thru 9-1-10
DFW 67-2010(Temp), f. 5-18-10, cert. ef. 5-22-10 thru 9-30-10
DFW 60-2010(Temp), f. 5-13-10, cert. ef. 5-22-10 thru 9-30-10
DFW 52-2010(Temp), f. 4-30-10, cert. ef. 5-1-10 thru 9-30-10
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 79-2009(Temp), f. 6-30-09, cert. ef. 7-5-09 thru 9-1-09
DFW 62-2009(Temp), f. 6-2-09, cert. ef. 6-13-09 thru 9-1-09
DFW 53-2009(Temp), f. 5-18-09, cert. ef. 5-30-09 thru 9-1-09
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 77-2008(Temp), f. & cert. ef. 7-9-08 thru 9-1-08
DFW 74-2008(Temp), f. 7-3-08, cert. ef. 7-4-08 thru 9-1-08
DFW 51-2008(Temp), f. 5-16-08, cert. ef. 5-31-08 thru 9-1-08
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 62-2007(Temp), f. 7-31-07, cert. ef. 8-1-07 thru 9-30-07
DFW 54-2007(Temp), f. 7-6-07, cert. ef. 7-14-07 thru 9-30-07
DFW 36-2007(Temp), f. 5-25-07, cert. ef. 5-26-07 thru 9-30-07
DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 101-2005(Temp), f. 8-31-05, cert. ef. 9-2-05 thru 9-30-05
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04
DFW 80-2003(Temp), f. & cert. ef. 8-22-03 thru 9-30-03
DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03
DFW 93-2002(Temp), f. 8-22-02, cert. ef. 8-24-02 thru 12-31-02
DFW 101-2002(Temp), f. & cert. ef. 10-3-02 thru 11-1-02
DFW 91-2002(Temp) f. 8-19-02, cert. ef 8-20-02 thru 11-1-02
DFW 54-2002(Temp), f. 5-24-02, cert. ef. 6-15-02 thru 12-1-02
DFW 26-2002, f. & cert. ef. 3-21-02
DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02
DFW 85-2001(Temp), f. & cert. ef. 8-30-01 thru 12-31-01
DFW 56-2001(Temp), f. & cert. ef. 6-29-01 thru 12-26-01
DFW 55-2001(Temp), f. & cert. ef. 6-29-01 thru 12-26-01
DFW 40-2001(Temp), f. & cert. ef. 5-24-01 thru 11-20-01
DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01
DFW 83-2000(Temp), f. 12-28-00, cert. ef. 1-1-01 thru 1-31-01
DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00
FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98
FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97
FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96
FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95
FWC 76-1994, f. & cert. ef. 10-17-94
FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94

Or. Admin. R. 635-021-0500 Temporary rule language in effect until 10/31/2026. Klamath District

(1) The current annual Oregon Sport Fishing Regulations provide requirements for the Southeast Zone. However, additional regulations may be adopted in this rule from time to time and to the extent of any inconsistency, they supersede the current annual Oregon Sport Fishing Regulations.

(2) Effective upon filing, the angling regulations for Crystal Creek, Fourmile Creek, Fourmile Canal, Harriman Creek, Klamath Lake, Odessa Creek, Recreation Creek, Short Creek, and Thomason Creek are:

(a) catch-and-release for rainbow trout June 15 through October 31 and

(b) flies and artificial lures only for all species June 15 through October 31.

(3) All other permanent rules for the Southeast Zone, as stated in the current annual Oregon Sport Fishing Regulations, remain in effect.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 53-2026, temporary amend filed 06/10/2026, effective 06/15/2026 through 10/31/2026
DFW 85-2025, temporary amend filed 09/17/2025, effective 10/01/2025 through 10/31/2025
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Or. Admin. R. 635-021-0510 Temporary rule language in effect until 09/30/2026. Southeast District

Effective June 1, 2026, through September 30, 2026, in Thief Valley Reservoir, Wolf Creek Reservoir, and Pilcher Creek Reservoir located in Union County, the following regulations apply:

(1) No minimum or maximum size limits,

(2) No daily or possession limits for rainbow trout and bass,

(3) Harvest will be allowed by hand, dip net, or angling and,

(4) A person with a valid Two-Rod Validation may use any number of rods.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 46-2026, temporary amend filed 05/28/2026, effective 06/01/2026 through 09/30/2026
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Division 23 COLUMBIA RIVER ZONE SPORT ANGLING REGULATIONS

Or. Admin. R. 635-023-0080 Purpose and Scope

(1) The purpose of Division 023 is to provide for management of sport fisheries in the Columbia River Zone over which the State has jurisdiction

(2) Division 023 incorporates by reference the most current version of the annual 2026 or 2027Oregon Sport Fishing Regulations. Therefore, persons must consult the current annual Oregon Sport Fishing Regulations in addition to Division 011 and Division 023 to determine all applicable sport fishing requirements for the Columbia River Zone.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 145-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04
DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03
DFW 26-2002, f. & cert. ef. 3-21-02
DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02
DFW 85-2001(Temp), f. & cert. ef. 8-30-01 thru 12-31-01
DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01
DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00
DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99
FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98
FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97
FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96
FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95
FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94, Renumbered from 635-023-0105, 635-023-0107, 635-023-0110, 635-023-0115, 635-023-0120
FWC 24-1993(Temp), f. 3-30-93, cert. ef. 4-1-93
FWC 17-1993(Temp), f. 3-1-93, cert. ef. 3-2-93
FWC 16-1993(Temp), f. 2-26-93, cert. ef. 2-28-93
FWC 129-1992, f. 12-21-92, cert. ef. 1-1-93
FWC 104-1992, f. 10-2-92, cert. ef. 1-1-93
FWC 59-1992(Temp), f. 7-30-92, cert. ef. 8-1-92
FWC 38-1992(Temp), f. & cert. ef. 6-15-92
FWC 19-1992, f. 3-25-92, cert. ef. 3-27-92
FWC 11-1992(Temp), f. & cert. ef. 3-4-92
FWC 5-1992(Temp), f. 1-31-92, cert. ef. 2-3-92
FWC 143-1991, f. 12-31-91, cert. ef. 1-1-92
FWC 77-1991, f. 7-25-91, cert. ef. 8-1-91
FWC 69-1991 (Temp), f. 6-28-91, cert. ef. 7-2-91
FWC 41-1991, f. 4-25-91, cert. ef. 4-26-91
FWC 34-1991(Temp), f. 3-29-91, cert. ef. 4-16-91
FWC 31-1991(Temp), f. 3-22-91, cert. ef. 3-24-91
FWC 68-1990, f. 7-18-90, cert. ef. 8-1-90
FWC 31-1990(Temp), f. 4-2-90, cert. ef. 4-1-90
FWC 1-1990, f. & cert. ef. 1-10-90
FWC 126-1989, f. 12-29-89, cert. ef. 1-1-90
FWC 111-1989(Temp), f. 10-27-89, cert. ef. 10-28-89
FWC 81-1989(Temp), f. & cert. ef. 8-28-90
FWC 79-1989(Temp), f. & cert. ef. 8-23-89
FWC 53-1989(Temp), f. & cert. ef. 8-4-89
FWC 46-1989(Temp), f. 7-24-89, cert. ef. 8-1-89
FWC 42-1989(Temp), f. 7-10-89, cert. ef. 8-14-89
FWC 24-1989, f. 3-31-89, cert. ef. 4-1-89
FWC 23-1989(Temp), f. 3-30-89, cert. ef. 4-1-89
FWC 74-1988(Temp), f. 8-22-88, cert. ef. 8-24-88
FWC 71-1988 (Temp), f. & cert. ef. 8-19-88
FWC 69-1988(Temp), f. & cert. ef. 8-17-88
FWC 66-1988(Temp), f. 8-12-88, cert. ef. 8-15-88 FWC 56-1988, f. & cert. ef. 7-11-88
FWC 26-1988, f. 4-27-88, cert. ef. 5-1-88
FWC 24-1988, f. & cert. ef. 4-4-88
FWC 110-1987(Temp), f. 12-31-87, cert. ef. 1-1-88
FWC 88-1987(Temp), f. & cert. ef. 10-12-87
FWC 73-1987(Temp), f. & cert. ef. 9-4-87
FWC 72-1987(Temp), f. & cert. ef. 9-4-87
FWC 70-1987 (Temp), f. & cert. ef. 8-28-87
FWC 65-1987(Temp), f. & cert. ef. 8-14-87
FWC 12-1987, f. & cert. ef. 3-11-87
FWC 3-1987(Temp), f. & cert. ef. 1-29-87
FWC 52-1986(Temp), f. & cert. ef. 9-3-86
FWC 51-1986(Temp), f. & cert. ef. 8-29-86
FWC 41-1986(Temp), f. & cert. ef. 8-15-86
FWC 36-1986(Temp), f. & cert. ef. 8-7-86
FWC 52-1986 (Temp), f. & cert. ef. 9-3-86
FWC 51-1986(Temp), f. & cert. ef. 8-29-86
FWC 41-1986(Temp), f. & cert. ef. 8-15-86
FWC 36-1986(Temp), f. & cert. ef. 8-7-86
FWC 23-1986(Temp), f. & cert. ef. 6-20-86
FWC 86-1985, f. 12-31-85, ef. 1-1-86
FWC 56-1985(Temp), f. & cert. ef. 9-6-85
FWC 53-1985(Temp), f. & cert. ef. 8-30-85
FWC 51-1985 (Temp), f. & cert. ef. 8-29-85
FWC 46-1985(Temp), f. & cert. ef. 8-23-85
FWC 40-1985(Temp), f. & cert. ef. 8-15-85
FWC 32-1985(Temp), f. & cert. ef. 7-2-85
FWC 7-1985, f. & cert. ef. 2-19-85
FWC 56-1984 (Temp), f. & cert. ef. 9-10-84
FWC 43-1984(Temp), f. & cert. ef. 8-23-84
FWC 35-1984(Temp), f. & cert. ef. 7-26-84
FWC 10-1984(Temp), f. & cert. ef. 3-30-84
FWC 2-1984, f. & cert. ef. 1-10-84
FWC 52-1983(Temp), f. 9-30-83, cert. ef. 10-1-83
FWC 48-1983(Temp), f. & cert. ef. 9-21-83
FWC 44-1983(Temp), f. 9-14-83, cert. ef. 9-15-83
FWC 19-1983, f. & cert. ef. 5-26-83
FWC 83-1982, f. 12-30-82, ef. 1-1-83
FWC 68-1982(Temp), f. & cert. ef. 9-30-82
FWC 60-1982(Temp), f. & cert. ef. 8-31-82
FWC 55-1982(Temp), f. & cert. ef. 8-25-82 FWC 11-1982, f. & ef. 2-9-82

Or. Admin. R. 635-023-0085 License Reciprocity

(1) The statutes and regulations of the State of Washington make a valid Oregon sport fishing and shellfish harvest license lawful to take fish or shellfish for personal consumption in all waters of the Columbia River where it forms the Oregon-Washington boundary.

(2) All persons landing fish or taking shellfish in Oregon for personal use must hold a valid Oregon angling or shellfish license or a resident Washington license.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: SB 594; ORS 496.162, 506.109 & 506.129
DFW 5-2006, f. & cert. ef. 2-15-06

Or. Admin. R. 635-023-0090 Inclusions and Modifications

(1) The current annual Oregon Sport Fishing Regulations provide requirements for the Columbia River Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the current annual Oregon Sport Fishing Regulations .

(2) Seasonal closures prohibiting angling may be enacted to provide additional protection for upriver summer steelhead. When enacted, closures will be from July 15-September 15 in Oregon waters at the mouths, and in the lower reaches of Columbia River tributaries as specified in sub-section (3)(a) through (3)(f) below.

(3) The closures will be in the lower reaches of Eagle Creek (Central Zone), Herman Creek (Columbia Zone), and the Deschutes River (Central Zone), and adjacent areas of the mainstem Columbia River (Columbia River Zone) as described below:

(b) Eagle Creek mouth: That portion of the mainstem Columbia River (Columbia River Zone) adjacent to the mouth of Eagle Creek from the mainline railroad bridge northwest to a line projecting from a marker on the Oregon shore approximately 200 feet downstream of Eagle Creek, through red navigation buoy #4, and terminating at a marker on the Oregon shore approximately 325 feet upstream of Eagle Creek .

(c) Herman Creek: That portion of Herman Creek (Columbia Zone) from the mainline railroad bridge downstream to markers at mouth.

(d) Herman Creek Lagoon: That portion of the mainstem Columbia River (Columbia River Zone) adjacent to the mouth of Herman Creek commonly referred to as Herman Creek Lagoon east of a line from the northwest tip of the jetty, south to a marker on the Oregon shore.

(e) Deschutes River: The lower Deschutes River (Central Zone) from markers at the lower end of Moody Rapids downstream to the mouth at the Interstate 84 Bridge.

(f) Deschutes River mouth: That portion of the mainstem Columbia River (Columbia River Zone) adjacent to the mouth of the Deschutes River from the Interstate 84 Bridge north to a line projecting from the flashing red navigation marker #2 located approximately 1.5 miles downstream of the Deschutes River mouth on the Oregon shore, upstream to the red navigation marker #4, then to the lower South Channel Range “B” marker located on the Oregon shore approximately 0.7 mile upstream of the Deschutes River mouth.

(4) Except as described above, other permanent rules apply except for those areas within the Columbia River Zone which are subject to annual regulations described in OARs 635-023-0095, 635-023-0125, 635-023-0128, and 635-023-0130 and those areas within the Central Zone which are subject to any permanent rule modifications within OAR 635-018-0090.

(5) Nothing in this rule precludes the Department from recommending or enacting, as needed for conservation purposes, protective measures for Columbia River steelhead not described in this rule.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 183-2019, temporary amend filed 12/23/2019, effective 01/01/2020 through 03/31/2020
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 65-2019, temporary amend filed 05/31/2019, effective 06/01/2019 through 11/27/2019
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 4-2017, f. & cert. ef. 1-25-17
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 10-2014(Temp), f. 2-12-14, cert. ef. 3-1-14 thru 3-31-14
DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 28-2010(Temp), f. 3-9-10, cert. ef. 3-11-10 thru 3-31-10
DFW 151-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 3-31-10
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 64-2007(Temp), f. 8-6-07, cert. ef. 8-11-07 thru 12-31-07
DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 128-2004(Temp), f. 12-23-04, cert. ef. 1-1-05 thru 5-31-05
DFW 118-2004(Temp), f. 12-13-04, cert. ef. 1-1-05 thru 5-31-05
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 65-2004(Temp), f. 7-6-04, cert. ef. 7-11-04 thru 12-31-04
DFW 64-2004(Temp), f. 6-30-04, cert. ef. 7-3-04 thru 12-30-04
DFW 58-2004(Temp), f. 6-24-04, cert. ef. 6-27-04 thru 12-23-04
DFW 52-2004(Temp), f. 6-11-04, cert. ef. 6-25-04 thru 12-21-04
DFW 35-2004(Temp), f. 4-29-04, cert. ef. 5-1-04 thru 10-26-04
DFW 4-2004(Temp), f. 1-22-04, cert. ef. 2-1-04 thru 7-29-04
DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04
DFW 99-2003(Temp), f. 9-24-03, cert. ef. 10-1-03 thru 12-31-03
DFW 72 2003(Temp), f. 7-25-03, cert. ef. 7-28-03 thru 12-31-03
DFW 55-2003(Temp), f. 6-27-03. cert. ef. 6-30-03 thru 12-26-03
DFW 54-2003(Temp), f. 6-23-03, cert. ef. 6-28-03 thru 12-24-03
DFW 52-2003(Temp), f. 6-13-03, cert. ef. 6-21-03 thru 12-15-03
DFW 46-2003(Temp), f. 5-29-03, cert. ef. 5-30-03 thru 10-1-03
DFW 36-2003, f. 4-30-03, cert. ef. 5-1-03 thru 10-1-03
DFW 35-2003, f. 4-30-03, cert. ef. 5-1-03
DFW 28-2003(Temp), f. & cert. ef. 4-3-03 thru 7-1-03
DFW 16-2003(Temp), f. 2-27-03, cert. ef. 3-1-03 thru 7-1-03
DFW 12-2003, f. & cert. ef. 2-14-03
DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03
DFW 105-2002(Temp), f. 9-20-02, cert. ef. 9-23-02 thru 12-31-02
DFW 94-2002(Temp), f. 8-22-02, cert. ef. 8-24-02 thru 12-31-02
DFW 101-2002(Temp), f. & cert. ef. 10-3-02 thru 11-1-02
DFW 91-2002(Temp) f. 8-19-02,cert. ef 8-20-02 thru 11-1-02
DFW 79-2002(Temp), f. 7-29-02, cert. ef. 8-5-02 thru 12-31-02
DFW 71-2002(Temp), f. 7-10-02 cert. ef. 7-13-02 thru 12-31-02
DFW 69-2002(Temp), f. 7-10-02 cert. ef. 7-11-02 thru 12-31-02
DFW 64 2002(Temp), f. 6-27-02, cert. ef. 6-28-02 thru 12-20-02
DFW 46-2002(Temp), f. 5-7-02, cert. ef. 5-8-02 thru 10-3-02
DFW 45-2002(Temp), f. 5-7-02, cert. ef. 5-8-02 thru 10-3-02
DFW 43-2002(Temp), f. & cert. ef. 5-3-02 thru 10-3-02
DFW 40-2002(Temp), f. 4-25-02, cert. ef. 4-28-02 thru 10-3-02
DFW 29-2002(Temp), f. 4-4-02, cert. ef. 4-6-02 thru 10-3-02
DFW 26-2002, f. & cert. ef. 3-21-02
DFW 16-2002(Temp), f. & cert. ef. 3-1-02 thru 8-28-02
DFW 15-2002(Temp), f. & cert. ef. 2-20-02 thru 8-18-02
DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02
DFW 88-2001(Temp), f. 9-15-01 thru 12-31-01
DFW 85-2001(Temp), f. & cert. ef. 8-30-01 thru 12-31-01
DFW 82-2001(Temp), f. 8-29-01, cert. ef. 8-30-01 thru 12-31-01
DFW 71-2001(Temp), f. 8-10-01, cert. ef. 9-1-01 thru 12-31-01
DFW 64-2001(Temp), f. & cert. ef. 7-24-01 thru 12-31-01
DFW 40-2001(Temp), f. & cert. ef. 5-24-01 thru 11-20-01
DFW 37-2001(Temp), f. & cert. ef. 5-11-01 thru 7-31-01
DFW 35-2001(Temp), f. & cert. ef. 5-4-01 thru 5-8-01
DFW 28-2001, f. & cert. ef. 5-1-01
DFW 25-2001(Temp), f. 4-24-01, cert. ef. 4-25-01 thru 4-29-01
DFW 19-2001(Temp), f. 4-17-01, cert. ef. 4-21-01 thru 8-5-01
DFW 18-2001(Temp), f. & cert. ef. 4-12-01 thru 4-30-01
DFW 17-2001(Temp), f. 4-4-01, cert. ef. 4-9-01 thru 10-6-01
DFW 7-2001(Temp), f. & cert. ef. 2-26-01 thru 4-30-01
DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01
DFW 83-2000(Temp), f. 12-28-00, cert. ef. 1-1-01 thru 1-31-01
DFW 58-2000(Temp), f. & cert. ef. 9-1-00 thru 12-31-00
DFW 57-2000(Temp), f. 8-31-00, cert. ef. 9-1-00 thru 10-5-00
DFW 53-2000(Temp), f. 8-25-00, cert. ef. 8-28-00 thru 12-31-00
DFW 35-2000(Temp), f. 6-27-27, cert. ef. 6-28-00 thru 7-31-00
FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94; FWC 19-1994(Temp), f. 3-31-94, cert. ef. 4-1-94; FWC 31-1994, f. 5-26-94, cert. ef. 6-20-94; FWC 46-1994(Temp), f. 7-29-94, cert. ef. 8-1-94; FWC 52-1994(Temp), f.8-24-94, cert. ef. 8-27-94; FWC 62-1994(Temp), f. 9-12-94, cert. ef. 9-16-94; FWC 65-1994(Temp), f. 9-15-94, cert. ef. 9-17-94; FWC 72-1994(Temp), f. 10-7-94, cert. ef. 10-8-94; FWC 8-1995, f. 2-1-95, cert. ef. 2-6-95; FWC 11-1995, f. & cert. ef. 2-9-95; FWC 14-1995(Temp), f. 2-15-95, cert. ef. 2-16-95; FWC 31-1995(Temp), f. 4-21-95, cert. ef. 4-24-95; FWC 34-1995, f. & cert. ef. 5-1-95; FWC 61-1995(Temp), f. 7-24-95, cert. ef. 8-1-95; FWC 67-1995(Temp), f. 8-25-95, cert. ef. 8-27-95; FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96; FWC 8-1995, f. 2-28-96, cert. ef. 3-1-96; FWC 12-1996(Temp), f. 3-26-96, cert. ef. 4-1-96; FWC 14-1996, f. 3-29-96, cert. ef. 4-1-96; FWC 49-1996(Temp), f. & cert. ef. 8-30-96; FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97; FWC 7-1997(Temp), f. 2-6-97, cert. ef. 3-11-97; FWC 10-1997, f. & cert. ef. 2-28-97; FWC 11-1997(Temp), f. 2-27-97, cert. ef. 3-1-97; FWC 22-1997(Temp), f. 4-2-97, cert. ef. 4-5-97; FWC 28-1997(Temp), f. 5-2-97, cert. ef. 5-5-97; FWC 50-1997(Temp), f. 8-26-97, cert. ef. 9-2-97; FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98; DFW 12-1998(Temp), f. & cert. ef. 2-24-98 thru 4-24-98; DFW 29-1998(Temp), f. 4-16-98, cert. ef. 4-20-98 thru 4-24-98; DFW 32-1998(Temp), f. & cert. ef. 4-24-98 thru 10-15-98; DFW 34-1998, f. & cert. ef. 5-4-98; DFW 46-1998, f. & cert. ef. 6-9-98; DFW 78-1998(Temp), f. 9-18-98, cert. ef. 9-21-98 thru 9-25-98; DFW 81-1998(Temp), f. 10-6-98, cert. ef. 10-7-98 thru 10-23-98; DFW 85-1998(Temp), f. & cert. ef. 10-26-98 thru 12-31-98; DFW 88-1998(Temp), f. & cert. ef. 11-23-98 thru 12-31-98; DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99; DFW 13-1999(Temp), f. 3-2-99, cert. ef. 3-11-99 thru 6-15-99; DFW 23-1999(Temp), f. 4-9-99, cert. ef. 4-17-99 thru 4-23-99; DFW 25-1999, f. & cert. ef. 4-16-99 thru 4-23-99; DFW 29-1999(Temp), f. & cert. ef. 4-23-99 thru 10-20-99; DFW 31-1999, f. & cert. ef. 5-3-99; DFW 42-1999(Temp), f. 6-9-99, cert. ef. 6-12-99 thru 10-20-99; DFW 50-1999(Temp), f. & cert. ef. 7-16-99 thru 12-9-99; DFW 60-1999(Temp), f. 8-27-99, cert. ef. 8-30-99 thru 9-17-99; DFW 64-1999(Temp), f. 9-13-99, cert. ef. 9-14-99 thru 9-17-99; DFW 67-1999(Temp), f. & cert. ef. 9-17-99 thru 12-31-99; DFW 73-1999(Temp), f. 9-28-99 & cert. ef. 9-29-99 thru 10-22-99; DFW 77-1999(Temp), f. & cert. ef. 10-1-99 thru 12-31-99; DFW 78-1999, f. & cert. ef. 10-4-99; DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 11-2000(Temp), f. 3-14-00, cert. ef. 3-16-00 thru 3-31-00; DFW 13-2000, f. & cert. ef. 3-20-00; DFW 18-2000(Temp), f. 4-6-00, cert. ef. 4-8-00 thru 10-5-00; DFW 24-2000, f. 4-28-00, cert. ef. 5-1-00; DFW 32-2000(Temp), f. 6-14-00, cert. ef. 6-19-00 thru 10-5-00

Or. Admin. R. 635-023-0095 Sturgeon Season Below Bonneville Dam

The current annual Oregon Sport Fishing Regulations provide requirements for the Columbia River Zone. However, additional regulations may be adopted in this rule division from time to time, and, to the extent of any inconsistency, they supersede the current annual Oregon Sport Fishing Regulations .

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 70-2023, temporary amend filed 07/27/2023, effective 07/29/2023 through 09/18/2023
DFW 11-2023, temporary amend filed 02/10/2023, effective 02/11/2023 through 03/22/2023
DFW 6-2023, temporary amend filed 01/25/2023, effective 01/26/2023 through 03/22/2023
DFW 3-2023, temporary amend filed 01/11/2023, effective 01/12/2023 through 03/22/2023
DFW 155-2022, temporary amend filed 12/20/2022, effective 01/01/2023 through 03/22/2023
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 109-2022, temporary amend filed 08/19/2022, effective 09/10/2022 through 12/31/2022
DFW 91-2022, temporary amend filed 07/18/2022, effective 07/18/2022 through 12/31/2022
DFW 57-2022, temporary amend filed 06/03/2022, effective 06/08/2022 through 06/26/2022
DFW 44-2022, temporary amend filed 05/10/2022, effective 05/11/2022 through 06/26/2022
DFW 30-2022, temporary amend filed 03/21/2022, effective 03/22/2022 through 06/26/2022
DFW 28-2022, temporary amend filed 03/15/2022, effective 03/16/2022 through 06/26/2022
DFW 26-2022, temporary amend filed 03/09/2022, effective 03/10/2022 through 06/26/2022
DFW 24-2022, temporary amend filed 03/01/2022, effective 03/02/2022 through 06/26/2022
DFW 7-2022, temporary amend filed 01/28/2022, effective 01/29/2022 through 06/26/2022
DFW 182-2021, temporary amend filed 12/29/2021, effective 01/01/2022 through 06/26/2022
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 145-2021, temporary amend filed 09/15/2021, effective 09/19/2021 through 09/30/2021
DFW 86-2021, temporary amend filed 06/25/2021, effective 07/01/2021 through 09/30/2021
DFW 73-2021, temporary amend filed 06/11/2021, effective 06/12/2021 through 06/30/2021
DFW 53-2021, temporary amend filed 04/26/2021, effective 05/10/2021 through 06/30/2021
DFW 27-2021, temporary amend filed 03/16/2021, effective 03/19/2021 through 06/30/2021
DFW 2-2021, temporary amend filed 01/07/2021, effective 01/08/2021 through 06/30/2021
DFW 1-2021, temporary amend filed 01/04/2021, effective 01/04/2021 through 06/30/2021
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 129-2020, temporary amend filed 09/24/2020, effective 09/26/2020 through 10/03/2020
DFW 115-2020, temporary amend filed 09/04/2020, effective 09/05/2020 through 09/22/2020
DFW 26-2020, temporary amend filed 03/09/2020, effective 03/11/2020 through 08/11/2020
DFW 14-2020, temporary amend filed 02/13/2020, effective 02/14/2020 through 08/11/2020
DFW 184-2019, amend filed 12/24/2019, effective 01/01/2020
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 160-2019, temporary amend filed 10/17/2019, effective 10/19/2019 through 12/31/2019
DFW 156-2019, amend filed 10/14/2019, effective 01/01/2020
DFW 154-2019, temporary amend filed 10/08/2019, effective 10/08/2019 through 12/31/2019
DFW 131-2019, temporary amend filed 09/06/2019, effective 09/21/2019 through 12/31/2019
DFW 53-2019, temporary amend filed 05/03/2019, effective 05/13/2019 through 07/05/2019
DFW 52-2019, temporary amend filed 05/01/2019, effective 05/13/2019 through 07/05/2019
DFW 41-2019, temporary amend filed 04/11/2019, effective 04/13/2019 through 07/05/2019
DFW 34-2019, temporary amend filed 04/01/2019, effective 04/03/2019 through 07/05/2019
DFW 2-2019, temporary amend filed 01/04/2019, effective 01/07/2019 through 07/05/2019
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 123-2018, temporary amend filed 08/29/2018, effective 09/15/2018 through 09/22/2018
DFW 64-2018, temporary amend filed 06/06/2018, effective 06/09/2018 through 07/18/2018
DFW 52-2018, temporary amend filed 04/23/2018, effective 05/14/2018 through 07/18/2018
DFW 11-2018, temporary amend filed 02/01/2018, effective 02/04/2018 through 07/18/2018
DFW 5-2018, temporary amend filed 01/17/2018, effective 01/20/2018 through 07/18/2018
DFW 143-2017, temporary amend filed 10/27/2017, effective 11/20/2017 through 12/31/2017
DFW 141-2017, temporary amend filed 10/27/2017, effective 10/28/2017 through 11/19/2017
DFW 135-2017, temporary amend filed 10/17/2017, effective 11/20/2017 through 12/31/2017
DFW 134-2017, temporary amend filed 10/17/2017, effective 10/21/2017 through 11/19/2017
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 73-2017(Temp), f. & cert. ef. 6-15-17 thru 11-19-17
DFW 129-2004(Temp), f. 12-23-04, cert. ef 1-1-05 thru 2-28-05; DFW 6-2005, f. & cert. ef. 2-14-05; DFW 22-2005(Temp), f. 4-1-05, cert. ef. 4-30-05 thru 7-31-05; DFW 50-2005(Temp), f. 6-3-05, cert. ef. 6-11-05 thru 11-30-05; DFW 60-2005(Temp), f. 6-21-05, cert. ef. 6-24-05 thru 12-21-05; DFW 65-2005(Temp), f. 6-30-05, cert. ef. 7-10-05 thru 12-31-05; DFW 76-2005(Temp), f. 7-14-05, cert. ef. 7-18-05 thru 12-31-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 145-2005(Temp), f. 12-21-05, cert. ef. 1-1-06 thru 3-31-06; DFW 5-2006, f. & cert. ef. 2-15-06; DFW 19-2006(Temp), f. 4-6-06, cert. ef. 4-8-06 thru 7-31-06; DFW 54-2006(Temp), f. 6-29-06, cert. ef. 7-1-06 thru 12-27-06; DFW 62-2006(Temp), f. 7-13-06, cert. ef. 7-24-06 thru 12-31-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 131-2006(Temp), f. 12-20-06, cert. ef. 1-1-07 thru 6-29-07; DFW 7-2007(Temp), f. 1-31-07, cert. ef. 2-1-07 thru 7-30-07; DFW 9-2007, f. & cert. ef. 2-14-07; DFW 20-2007(Temp), f. 3-26-07, cert. ef. 3-28-07 thru 7-30-07; DFW 38-2007(Temp), f. & cert. ef. 5-31-07 thru 11-26-07; DFW 59-2007(Temp), f. 7-18-07, cert .ef. 7-29-07 thru 12-31-07; DFW 75-2007(Temp), f. 8-17-07, cert. ef. 8-18-07 thru 12-31-07; DFW 102-2007(Temp), f. 9-28-07, cert. ef. 10-1-07 thru 12-31-07; DFW 135-2007(Temp), f. 12-28-07, cert. ef. 1-1-08 thru 6-28-08; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 8-2008, f. & cert. ef. 2-11-08; DFW 23-2008(Temp), f. 3-12-08, cert. ef. 3-15-08 thru 9-10-08; DFW 28-2008(Temp), f. 3-24-08, cert. ef. 3-26-08 thru 9-10-08; DFW 72-2008(Temp), f. 6-30-08, cert. ef. 7-10-08 thru 12-31-08; DFW 78-2008(Temp), f. 7-9-08, cert. ef. 7-12-08 thru 12-31-08; DFW 86-2008(Temp), f. & cert. ef. 7-25-08 thru 12-31-08; DFW 148-2008(Temp), f. 12-19-08, cert. ef. 1-1-09 thru 6-29-09; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 18-2009, f. & cert. ef. 2-26-09; DFW 33-2009(Temp), f. 4-2-09, cert ef. 4-13-09 thru 10-9-09; DFW 63-2009(Temp), f. 6-3-09, cert. ef. 6-6-09 thru 10-9-09; DFW 83-2009(Temp), f. 7-8-09, cert. ef. 7-9-09 thru 12-31-09; DFW 86-2009(Temp), f. 7-22-09, cert. ef. 7-24-09 thru 12-31-09; DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10; DFW 13-2010(Temp), f. 2-16-10, cert. ef. 2-21-10 thru 7-31-10; DFW 19-2010(Temp), f. 2-26-10, cert. ef. 3-1-10 thru 8-27-10; DFW 34-2010, f. 3-16-10, cert. ef. 4-1-10; DFW 49-2010(Temp), f. 4-27-10, cert. ef. 4-29-10 thru 7-31-10; DFW 50-2010(Temp), f. 4-29-10, cert. ef. 5-6-10 thru 11-1-10; DFW 88-2010(Temp), f. 6-25-10, cert. ef. 6-26-10 thru 7-31-10; DFW 91-2010(Temp), f. 6-29-10, cert. ef. 8-1-10 thru 12-31-10; DFW 99-2010(Temp), f. 7-13-10, cert. ef. 7-15-10 thru 12-31-10; DFW 165-2010(Temp), f. 12-28-10, cert. ef. 1-1-11 thru 6-29-11; DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11; DFW 11-2011(Temp), f. 2-10-11, cert. ef. 2-11-1 thru 7-31-11; DFW 23-2011, f. & cert. ef. 3-21-11; DFW 26-2011(Temp), f. 4-5-11, cert. ef. 4-10-11 thru 9-30-11; DFW 74-2011(Temp), f. 6-24-11, cert. ef. 6-27-11 thru 7-31-11; DFW 87-2011(Temp), f. 7-8-11, cert. ef. 7-9-11 thru 7-31-11; DFW 96-2011(Temp), f. 7-20-11, cert. ef. 7-30-11 thru 12-31-11; DFW 129-2011(Temp), f. 9-15-11, cert. ef. 9-30-11 thru 12-31-11; DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 1-2012(Temp), f. & cert. ef. 1-5-12 thru 7-2-12; DFW 10-2012, f. & cert. ef. 2-7-12; DFW 16-2012(Temp), f. 2-14-12, cert. ef. 2-18-12 thru 7-31-12; DFW 44-2012(Temp), f. 5-1-12, cert. ef. 5-20-12 thru 7-31-12; DFW 73-2012(Temp), f. 6-29-12, cert. ef. 7-1-12 thru 8-31-12; DFW 97-2012(Temp), f. 7-30-12, cert. ef. 8-1-12 thru 12-31-12; DFW 129-2012(Temp), f. 10-3-12, cert. ef. 10-20-12 thru 12-31-12; DFW 140-2012(Temp), f. 10-31-12, cert. ef. 11-4-12 thru 12-31-12; DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13; DFW 154-2012(Temp), f. 12-28-12, cert. ef. 1-1-13 thru 2-28-13; DFW 12-2013(Temp), f. 2-12-13, cert. ef. 2-28-13 thru 7-31-13; DFW 23-2013(Temp), f. 3-20-13, cert. ef. 4-1-13 thru 9-27-13; DFW 47-2013(Temp), f. 5-30-13, cert. ef. 6-14-13 thru 9-30-13; DFW 59-2013(Temp), f. 6-19-13, cert. ef. 6-21-13 thru 10-31-13; DFW 64-2013(Temp), f. 6-27-13, cert. ef. 6-29-13 thru 10-31-13; DFW 104-2013(Temp), f. 9-13-13, cert. ef. 10-19-13 thru 12-31-13; DFW 126-2013(Temp), f. 10-31-13, cert. ef. 11-12-13 thru 12-31-13; DFW 135-2013(Temp), f. 12-12-13, cert. ef. 1-1-14 thru 1-31-14; DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14; DFW 5-2014(Temp), f. 1-30-14, cert. ef. 2-1-14 thru 7-30-14; DFW 14-2014(Temp), f. 2-20-14, cert. ef. 2-24-14 thru 7-31-14; DFW 27-2014(Temp), f. 3-28-14, cert. ef. 5-1-14 thru 7-31-14; DFW 56-2014(Temp), f. 6-9-14, cert. ef. 6-13-14 thru 7-31-14; DFW 87-2014(Temp), f. 7-2-14, cert. ef. 7-11-14 thru 12-31-14; DFW 94-2014(Temp), f. & cert. ef. 7-14-14 thru 12-31-14; DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15; DFW 166-2014(Temp), f. 12-18-14, cert. ef. 1-1-15 thru 3-1-15; Administrative correction, 3-23-15; DFW 41-2015(Temp), f. & cert. ef. 5-12-15 thru 7-31-15; DFW 54-2015(Temp), f. 5-28-15, cert. ef. 6-3-15 thru 7-31-15; DFW 89-2015(Temp), f. 7-16-15, cert. ef. 7-18-15 thru 9-30-15; Suspended by DFW 122-2015(Temp), f. 8-31-15, cert. ef. 9-1-15 thru 9-30-15; Administrative correction, 10-22-15; DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16; DFW 7-2016(Temp), f. 1-28-16, cert. ef. 2-8-16 thru 8-05-16; DFW 36-2016(Temp), f. 4-26-16, cert. ef. 5-1-16 thru 7-31-16; DFW 42-2016(Temp), f. 4-27-16, cert. ef. 4-30-16 thru 7-31-16; DFW 56-2016(Temp), f. 5-25-16, cert. ef. 5-29-16 thru 11-24-16; DFW 79-2016(Temp), f. 6-23-16, cert. ef. 6-30-16 thru 12-26-16; DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17; DFW 24-2017(Temp), f. 3-14-17, cert. ef. 3-25-17 thru 9-20-17; DFW 31-2017(Temp), f. 3-28-17, cert. ef. 3-30-17 thru 9-25-17; DFW 66-2017(Temp), f. 6-2-17, cert. ef. 6-5-17 thru 11-19-17

Or. Admin. R. 635-023-0101 Sturgeon Season Above Bonneville Dam

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 16-2026, temporary amend filed 02/27/2026, effective 03/03/2026 through 04/30/2026
DFW 14-2026, temporary amend filed 02/19/2026, effective 02/22/2026 through 04/30/2026
DFW 13-2026, temporary amend filed 02/12/2026, effective 02/16/2026 through 04/30/2026
DFW 1-2026, temporary suspends temporary DFW 111-2025, filed 01/09/2026, effective 01/10/2026 through 04/30/2026
DFW 111-2025, temporary amend filed 12/31/2025, effective 01/01/2026 through 04/30/2026
DFW 23-2025, temporary amend filed 04/01/2025, effective 04/01/2025 through 09/27/2025
DFW 18-2025, temporary amend filed 03/12/2025, effective 03/14/2025 through 03/31/2025
DFW 15-2025, temporary amend filed 02/21/2025, effective 02/22/2025 through 03/31/2025
DFW 12-2025, temporary amend filed 02/11/2025, effective 02/15/2025 through 03/31/2025
DFW 1-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 03/31/2025
DFW 110-2024, temporary amend filed 12/31/2024, effective 01/01/2025 through 03/31/2025
DFW 85-2024, temporary amend filed 09/23/2024, effective 09/24/2024 through 12/31/2024
DFW 22-2024, temporary amend filed 04/01/2024, effective 04/01/2024 through 09/23/2024
DFW 18-2024, temporary amend filed 03/13/2024, effective 03/15/2024 through 03/31/2024
DFW 14-2024, temporary amend filed 02/23/2024, effective 02/24/2024 through 03/31/2024
DFW 2-2024, temporary amend filed 01/03/2024, effective 01/04/2024 through 03/31/2024
DFW 1-2024, temporary amend filed 01/02/2024, effective 01/02/2024 through 03/31/2024
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Or. Admin. R. 635-023-0125 Spring Sport Fishery

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 50-2026, temporary amend filed 06/04/2026, effective 06/05/2026 through 06/15/2026
DFW 43-2026, temporary amend filed 05/20/2026, effective 05/22/2026 through 06/15/2026
DFW 40-2026, temporary amend filed 05/14/2026, effective 05/15/2026 through 06/15/2026
DFW 29-2026, temporary amend filed 04/15/2026, effective 04/18/2026 through 06/15/2026
DFW 28-2026, temporary amend filed 04/10/2026, effective 04/11/2026 through 06/15/2026
DFW 42-2025, temporary amend filed 06/05/2025, effective 06/06/2025 through 06/15/2025
DFW 36-2025, temporary amend filed 05/21/2025, effective 05/22/2025 through 06/15/2025
DFW 35-2025, temporary amend filed 05/08/2025, effective 05/09/2025 through 06/15/2025
DFW 29-2025, temporary amend filed 04/10/2025, effective 04/11/2025 through 06/15/2025
DFW 16-2025, temporary amend filed 02/21/2025, effective 03/01/2025 through 06/15/2025
DFW 40-2024, temporary amend filed 06/07/2024, effective 06/08/2024 through 06/15/2024
DFW 39-2024, temporary amend filed 05/30/2024, effective 06/01/2024 through 06/15/2024
DFW 35-2024, temporary amend filed 05/23/2024, effective 05/24/2024 through 06/15/2024
DFW 32-2024, temporary amend filed 05/16/2024, effective 05/17/2024 through 06/15/2024
DFW 31-2024, temporary amend filed 04/29/2024, effective 04/29/2024 through 06/15/2024
DFW 25-2024, temporary amend filed 04/09/2024, effective 04/10/2024 through 06/15/2024
DFW 24-2024, temporary amend filed 04/04/2024, effective 04/05/2024 through 06/15/2024
DFW 15-2024, temporary amend filed 02/27/2024, effective 03/01/2024 through 06/15/2024
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 48-2023, temporary amend filed 05/31/2023, effective 06/01/2023 through 09/27/2023
DFW 44-2023, temporary amend filed 05/24/2023, effective 05/25/2023 through 09/27/2023
DFW 42-2023, temporary amend filed 05/18/2023, effective 05/19/2023 through 09/27/2023
DFW 30-2023, temporary amend filed 04/05/2023, effective 04/06/2023 through 09/27/2023
DFW 27-2023, temporary amend filed 04/01/2023, effective 04/01/2023 through 09/27/2023
DFW 18-2023, temporary amend filed 02/24/2023, effective 03/01/2023 through 03/31/2023
DFW 1-2023, temporary amend filed 01/05/2023, effective 01/06/2023 through 03/31/2023
DFW 158-2022, temporary amend filed 12/21/2022, effective 01/01/2023 through 03/31/2023
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 58-2022, temporary amend filed 06/03/2022, effective 06/04/2022 through 06/15/2022
DFW 52-2022, temporary amend filed 05/20/2022, effective 05/24/2022 through 06/15/2022
DFW 47-2022, temporary amend filed 05/11/2022, effective 05/12/2022 through 06/15/2022
DFW 41-2022, temporary amend filed 05/03/2022, effective 05/03/2022 through 06/15/2022
DFW 23-2022, temporary amend filed 02/28/2022, effective 03/01/2022 through 06/15/2022
DFW 179-2021, temporary amend filed 12/22/2021, effective 01/01/2022 through 05/31/2022
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 72-2021, temporary amend filed 06/11/2021, effective 06/12/2021 through 06/15/2021
DFW 67-2021, temporary amend filed 05/26/2021, effective 05/29/2021 through 06/15/2021
DFW 62-2021, temporary amend filed 05/20/2021, effective 05/21/2021 through 06/15/2021
DFW 22-2021, temporary amend filed 02/26/2021, effective 04/01/2021 through 06/15/2021
DFW 21-2021, temporary amend filed 02/26/2021, effective 02/26/2021 through 03/31/2021
DFW 159-2020, temporary amend filed 12/22/2020, effective 01/01/2021 through 03/31/2021
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 55-2020, temporary amend filed 05/14/2020, effective 05/15/2020 through 06/30/2020
DFW 52-2020, temporary amend filed 05/04/2020, effective 05/05/2020 through 06/30/2020
DFW 33-2020, temporary amend filed 03/26/2020, effective 03/26/2020 through 06/30/2020
DFW 18-2020, temporary amend filed 02/20/2020, effective 02/20/2020 through 06/30/2020
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 54-2019, temporary amend filed 05/10/2019, effective 05/11/2019 through 05/12/2019
DFW 47-2019, temporary amend filed 04/25/2019, effective 04/27/2019 through 05/05/2019
DFW 43-2019, temporary amend filed 04/17/2019, effective 04/20/2019 through 05/05/2019
DFW 40-2019, temporary amend filed 04/11/2019, effective 04/13/2019 through 05/05/2019
DFW 23-2019, temporary amend filed 02/21/2019, effective 03/01/2019 through 05/05/2019
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 63-2018, temporary amend filed 06/06/2018, effective 06/07/2018 through 06/15/2018
DFW 59-2018, temporary amend filed 05/24/2018, effective 05/25/2018 through 06/15/2018
DFW 45-2018, temporary amend filed 04/12/2018, effective 04/14/2018 through 06/15/2018
DFW 27-2018, temporary amend filed 02/23/2018, effective 03/01/2018 through 06/15/2018
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 58-2017(Temp), f. 5-11-17, cert. ef. 5-16-17 thru 6-15-17
DFW 11-2004, f. & cert. ef. 2-13-04; DFW 17-2004(Temp), f. & cert. ef. 3-10-04 thru 7-31-04; DFW 29-2004(Temp), f. 4-15-04, cert. ef. 4-22-04 thru 7-31-04; DFW 30-2004(Temp), f. 4-21-04, cert. ef. 4-22-04 thru 7-31-04; DFW 36-2004(Temp), f. 4-29-04, cert. ef. 5-1-04 thru 7-31-04; DFW 39-2004(Temp), f. 5-5-04, cert.ef. 5-6-04 thru 7-31-04; DFW 44-2004(Temp), f. 5-17-04, cert. ef. 5-20-04 thru 7-31-04; DFW 51-2004(Temp), f. 6-9-04, cert. ef. 6-16-04 thru 7-31-04; Administrative correction, 8-19-04; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 6-2005, f. & cert. ef. 2-14-05; DFW 27-2005(Temp), f. & cert. ef. 4-20-05 thru 6-15-05; DFW 35-2005(Temp), f. 5-4-05, cert. ef. 5-5-05 thru 10-16-05; DFW 38-2005(Temp), f. & cert. ef. 5-10-05 thru 10-16-05; DFW 44-2005(Temp), f. 5-17-05, cert. ef. 5-22-05 thru 10-16-05; DFW 51-2005(Temp), f. 6-3-05, cert. ef. 6-4-05 thru 7-31-05; Administrative correction, 11-18-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 5-2006, f. & cert. ef. 2-15-06; DFW 21-2006(Temp), f. 4-13-06, cert. ef. 4-14-06 thru 5-15-06; DFW 27-2006(Temp), f. 5-12-06, cert. ef. 5-13-06 thru 6-15-06; DFW 29-2006(Temp), f. & cert. ef. 5-16-06 thru 7-31-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 7-2007(Temp), f. 1-31-07, cert. ef. 2-1-07 thru 7-30-07; DFW 9-2007, f. & cert. ef. 2-14-07; DFW 28-2007(Temp), f. & cert. ef. 4-26-07 thru 7-26-07; DFW 33-2007(Temp), f. 5-15-07, cert. ef. 5-16-07 thru 7-30-07; DFW 37-2007(Temp), f. & cert. ef. 5-31-07 thru 7-30-07; DFW 39-2007(Temp), f. 6-5-07, cert. ef. 6-6-07 thru 7-31-07; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 13-2008(Temp), f. 2-21-08, cert. ef. 2-25-08 thru 8-22-08; DFW 17-2008(Temp), f. & cert. ef. 2-27-08 thru 8-22-08; DFW 35-2008(Temp), f. 4-17-08, cert. ef. 4-21-08 thru 8-22-08; DFW 49-2008(Temp), f. & cert. ef. 5-13-08 thru 6-15-08; Administrative correction, 7-22-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 10-2009(Temp), f. 2-13-09, cert. ef. 3-1-09 thru 6-15-09; DFW 18-2009, f. & cert. ef. 2-26-09; DFW 48-2009(Temp), f. 5-14-09, cert. ef. 5-15-09 thru 6-16-09; DFW 68-2009(Temp), f. 6-11-09, cert. ef. 6-12-09 thru 6-16-09; Administrative correction, 7-21-09; DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10; DFW 19-2010(Temp), f. 2-26-10, cert. ef. 3-1-10 thru 8-27-10; DFW 23-2010(Temp), f. & cert. ef. 3-2-10 thru 8-27-10; DFW 45-2010(Temp), f. 4-21-10, cert. ef. 4-24-10 thru 7-31-10; DFW 49-2010(Temp), f. 4-27-10, cert. ef. 4-29-10 thru 7-31-10; DFW 55-2010(Temp), f. 5-7-10, cert. ef. 5-8-10 thru 7-31-10; Suspended by DFW 88-2010(Temp), f. 6-25-10, cert. ef. 6-26-10 thru 7-31-10; Administrative correction, 8-18-10; DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11; DFW 13-2011(Temp), f. & cert. ef. 2-14-11 thru 6-15-11; DFW 28-2011(Temp), f. 4-7-11, cert. ef. 4-8-11 thru 6-15-11; DFW 30-2011(Temp), f. 4-15-11, cert. ef. 4-16-11 thru 6-15-11; DFW 33-2011(Temp), f. & cert. ef. 4-21-11 thru 6-15-11; DFW 39-2011(Temp), f. 5-5-11, cert. ef. 5-7-11 thru 6-15-11; DFW 48-2011(Temp), f. 5-13-11, cert. ef. 5-15-11 thru 6-15-11; DFW 55-2011(Temp), f. 5-25-11, cert. ef. 5-27-11 thru 6-15-11; DFW 59-2011(Temp), f. & cert. ef. 6-2-11 thru 6-15-11; Administrative correction, 6-28-11; DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 8-2012(Temp), f. 2-6-12, cert. ef. 2-15-12 thru 6-15-12; DFW 31-2012(Temp), f. 4-5-12, cert. ef. 4-6-12 thru 6-15-12; DFW 33-2012(Temp), f. 4-12-12, cert. ef. 4-14-12 thru 6-15-12; DFW 45-2012(Temp), f. 5-1-12, cert. ef. 5-2-12 thru 7-31-12; DFW 47-2012(Temp), f. 5-15-12, cert. ef. 5-16-12 thru 7-31-12; DFW 49-2012(Temp), f. 5-18-12, cert. ef. 5-19-12 thru 7-31-12; DFW 51-2012(Temp), f. 5-23-12, cert. ef. 5-26-12 thru 7-31-12; Suspended by DFW 85-2012(Temp), f. 7-6-12, cert. ef. 7-9-12 thru 8-31-12; DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13; DFW 12-2013(Temp), f. 2-12-13, cert. ef. 2-28-13 thru 7-31-13; DFW 26-2013(Temp), f. 4-4-13, cert. ef. 4-5-13 thru 7-1-13; DFW 38-2013(Temp), f. 5-22-13, cert. ef. 5-25-13 thru 7-1-13; DFW 49-2013(Temp), f. 6-7-13, cert. ef. 6-8-13 thru 6-30-13; Administrative correction, 7-18-13; DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14; DFW 12-2014(Temp), f. 2-13-14, cert. ef. 3-1-14 thru 6-15-14; DFW 29-2014(Temp), f. 4-3-14, cert. ef. 4-4-14 thru 6-15-14; DFW 31-2014(Temp), f. 4-17-14, cert. ef. 4-19-14 thru 7-31-14; DFW 40-2014(Temp), f. 5-7-14, cert. ef. 5-9-14 thru 6-30-14; DFW 44-2014(Temp), f. 5-14-14, cert. ef. 5-15-14 thru 6-15-14; DFW 52-2014(Temp), f. 5-28-14, cert. ef. 5-31-14 thru 6-30-14; Administrative correction, 7-24-14; DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15; DFW 12-2015(Temp), f. 2-3-15, cert. ef. 3-1-15 thru 6-15-15; DFW 16-2015(Temp), f. & cert. ef. 3-5-15 thru 6-15-15; DFW 26-2015(Temp), f. 4-8-15, cert. ef. 4-10-15 thru 6-15-15; DFW 35-2015(Temp), f. 4-30-15, cert. ef. 5-2-15 thru 6-15-15; DFW 40-2015(Temp), f. & cert. ef. 5-6-15 thru 6-15-15; DFW 52-2015(Temp), f. 5-27-15, cert. ef. 5-28-15 thru 6-15-15; DFW 59-2015(Temp), f. 6-2-15, cert. ef. 6-3-15 thru 6-15-15; DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16; DFW 9-2016(Temp), f. 2-1-16, cert. ef. 3-1-16 thru 6-15-16; DFW 29-2016(Temp), f. 4-7-16, cert. ef. 4-8-16 thru 6-15-16; DFW 44-2016(Temp), f. 5-5-16, cert. ef. 5-6-16 thru 6-15-16; DFW 49-2016(Temp), f. 5-11-16, cert. ef. 5-13-16 thru 6-15-16; DFW 52-2016(Temp), f. 5-19-16, cert. ef. 5-20-16 thru 6-15-16; DFW 57-2016(Temp), f. 5-25-16, cert. ef. 5-28-16 thru 6-15-16; DFW 68-2016(Temp), f. 6-9-16, cert. ef. 6-10-16 thu 6-16-16; DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17; DFW 18-2017(Temp), f. 2-28-17, cert. ef. 3-1-17 thru 6-15-17; DFW 37-2017(Temp), f. 4-3-17, cert. ef. 4-7-17 thru 6-15-17; DFW 41-2017(Temp), f. 4-12-17, cert. ef. 4-13-17 thru 6-15-17

Or. Admin. R. 635-023-0128 Summer Sport Fishery

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 60-2026, temporary amend filed 06/18/2026, effective 06/22/2026 through 07/31/2026
DFW 54-2026, temporary amend filed 06/12/2026, effective 06/16/2026 through 07/31/2026
DFW 54-2025, temporary amend filed 07/09/2025, effective 07/12/2025 through 07/31/2025
DFW 47-2025, temporary amend filed 06/20/2025, effective 06/20/2025 through 07/31/2025
DFW 53-2024, temporary amend filed 06/27/2024, effective 06/28/2024 through 07/31/2024
DFW 41-2024, temporary amend filed 06/07/2024, effective 06/16/2024 through 07/31/2024
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 60-2023, temporary amend filed 07/06/2023, effective 07/06/2023 through 07/31/2023
DFW 50-2023, temporary amend filed 06/08/2023, effective 06/16/2023 through 07/31/2023
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 88-2022, temporary amend filed 07/13/2022, effective 07/15/2022 through 07/31/2022
DFW 84-2022, temporary amend filed 07/11/2022, effective 07/15/2022 through 07/31/2022
DFW 80-2022, temporary amend filed 06/30/2022, effective 07/01/2022 through 07/31/2022
DFW 64-2022, temporary amend filed 06/14/2022, effective 06/16/2022 through 07/31/2022
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 74-2021, temporary amend filed 06/14/2021, effective 06/16/2021 through 07/31/2021
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 93-2020, temporary amend filed 07/15/2020, effective 07/16/2020 through 07/31/2020
DFW 84-2020, temporary amend filed 07/08/2020, effective 07/09/2020 through 07/31/2020
DFW 79-2020, temporary amend filed 07/01/2020, effective 07/04/2020 through 07/31/2020
DFW 73-2020, temporary amend filed 06/24/2020, effective 06/25/2020 through 07/31/2020
DFW 57-2020, temporary amend filed 05/14/2020, effective 05/16/2020 through 07/31/2020
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 71-2019, temporary amend filed 06/12/2019, effective 06/16/2019 through 07/31/2019
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 88-2018, temporary amend filed 07/05/2018, effective 07/07/2018 through 07/31/2018
DFW 83-2018, temporary amend filed 06/29/2018, effective 07/01/2018 through 07/31/2018
DFW 68-2018, temporary amend filed 06/13/2018, effective 06/16/2018 through 07/31/2018
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
Reverted to DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 85-2017(Temp), f. 7-6-17, cert. ef. 7-7-17 thru 7-31-17
DFW 81-2017(Temp), f. 6-29-17, cert. ef. 7-1-17 thru 7-31-17
DFW 74-2017(Temp), f. 6-15-17, cert. ef. 6-16-17 thru 7-31-17
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
Reverted to DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 77-2016(Temp), f. 6-15-16, cert. ef. 6-16-16 thru 7-31-16
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
Reverted to DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 79-2015(Temp), f. 6-30-15, cert. ef. 7-3-15 thru 7-31-15
DFW 61-2015(Temp), f. 6-8-15, cert. ef. 6-16-15 thru 7-31-15
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
Reverted to DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 92-2014(Temp), f. 7-10-14, cert. ef. 7-11-14 thru 7-31-14
DFW 85-2014(Temp), f. 7-2-14, cert. ef. 7-3-14 thru 7-31-14
DFW 68-2014(Temp), f. 6-12-14, cert. ef. 6-16-14 thru 7-31-14
DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14
Reverted to DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 70-2013(Temp), f. 7-11-13, cert. ef. 7-13-13 thru 7-31-13
DFW 66-2013(Temp), f. & cert. ef. 6-27-13 thru 7-31-13
DFW 55-2013(Temp), f. 6-12-13, cert. ef. 6-16-13 thru 7-31-13
DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13
Temporary Suspended by DFW 100-2012(Temp), f. 7-31-12, cert. ef. 8-1-12 thru 12-31-12
DFW 85-2012(Temp), f. 7-6-12, cert. ef. 7-9-12 thru 8-31-12
DFW 64-2012(Temp), f. 6-12-12, cert. ef. 6-16-12 thru 7-31-12
DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12
Reverted to DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
DFW 95-2011(Temp), f. 7-15-11, cert. ef. 7-18-11 thru 7-31-11
DFW 65-2011(Temp), f. 6-14-11, cert. ef. 6-16-11 thru 7-31-11
DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11
Reverted to DFW 77-2010, f. 6-8-10, cert. ef. 6-16-10
DFW 88-2010(Temp), f. 6-25-10, cert. ef. 6-26-10 thru 7-31-10
DFW 77-2010, f. 6-8-10, cert. ef. 6-16-10
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
Reverted to DFW 52-2009, f. & cert. ef. 5-18-09
DFW 69-2009(Temp), f. 6-11-09, cert. ef. 6-16-09 thru 7-31-09
DFW 52-2009, f. & cert. ef. 5-18-09
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
Reverted to DFW 36-2008, f. 4-21-08, cert. ef. 5-1-08
DFW 71-2008(Temp), f. 6-27-08, cert. ef. 6-28-08 thru 8-31-08
DFW 68-2008(Temp), f. 6-20-08, cert. ef. 6-21-08 thru 8-31-08
DFW 61-2008(Temp), f. 6-13-08, cert. ef. 6-16-08 thru 7-31-08
DFW 36-2008, f. 4-21-08, cert. ef. 5-1-08
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
Reverted to DFW 24-2007, f. 4-16-07, cert. ef. 5-1-07
DFW 51-2007(Temp), f. 6-29-07, cert. ef. 7-2-07 thru 7-31-07
DFW 24-2007, f. 4-16-07, cert. ef. 5-1-07
DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07
Reverted to DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 26-2006(Temp), f. 4-20-06, cert. ef. 5-1-06 thru 10-27-06
Reverted to DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 64-2005(Temp), f. 6-30-05, cert. ef. 7-1-05 thru 7-31-05
DFW 52-2005(Temp), f. 6-3-05, cert. ef. 6-16-05 thru 7-31-05
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05

Or. Admin. R. 635-023-0130 Temporary rule language in effect until 12/31/2026. Fall Sport Fishery

(1) Effective August 1 through September 15, thermal angling sanctuaries described in OAR 635-023-0090 (3)(b) through (3)(d), and (3)(f) are in effect.

(2) Sections 3 through 8 of this rule replace the Exceptions to Columbia River Zone Regulations for the Columbia River on pages 74 and 75 of the 2026 Oregon Sport Fishing Regulations . In the areas described by sections 3 through 8 of this rule, each angler aboard a vessel may continue to use angling gear until the daily limit of fish for all legally licensed and juvenile anglers aboard has been achieved. However, no individual angler may exceed any personal daily bag limit.

(3) In the mainstem Columbia River from the Buoy 10 line upstream to a line projected from Rocky Point on the Washington bank through Red Buoy 44 to the navigation light at Tongue Point on the Oregon bank the following regulations apply:

(a) Effective September 12 through October 31 retention of three hatchery adult coho salmon, defined [during this timeframe] as hatchery coho with a minimum length of 16 inches through September 30 and greater than 20 inches thereafter, is allowed;

(b) Effective November 1 through December 31 retention of hatchery coho salmon is allowed;

(d) Effective August 1 through September 15 the Youngs Bay Control Zone is closed to all angling; and

(e) The Columbia River South Jetty is open to salmon angling seven days a week when the fall Buoy 10 or adjacent ocean salmon fishery is open.

(4) In the mainstem Columbia River from a line projected from Rocky Point on the Washington bank through Red Buoy 44 to the navigation light at Tongue Point on the Oregon bank upstream to the west Puget Island line (defined as a line at the west end of Puget Island extending from green navigation marker #39 on the Washington shore to green navigation marker #41, then to red navigation marker #42, and terminating at red navigation marker #44A on the Oregon shore) the following regulations apply:

(a) Effective September 12 through October 31 retention of three hatchery coho salmon is allowed;

(b) Effective November 1 through December 31 retention of hatchery coho salmon is allowed;

(d) Effective August 1 through December 31 retention of hatchery cutthroat trout is allowed.

(5) In the mainstem Columbia River from the west Puget Island line upstream to the Bachelor Island/Warrior Rock line (defined as a line projected from the Warrior Rock lighthouse on the Oregon shore to the marker atop the piling dolphin located at the downstream end of Bachelor Island on the Washington shore), the following regulations apply:

(a) Effective August 1 through September 2:

(A) Retention of Chinook salmon and hatchery coho salmon is allowed; and

(B) No more than one adult Chinook salmon may be retained per day.

(b) Effective September 3 through September 30 angling for and retention of salmon and steelhead is prohibited.

(d) Effective October 16 through October 31 retention of hatchery coho salmon is allowed.

(e) Effective November 1 through December 31 retention of hatchery coho salmon and hatchery steelhead is allowed.

(f) Effective August 1 through December 31 retention of hatchery cutthroat trout is allowed.

(6) In the mainstem Columbia River from the Bachelor Island/Warrior Rock line (defined as a line projected from the Warrior Rock lighthouse on the Oregon shore to the marker atop the piling dolphin located at the downstream end of Bachelor Island on the Washington shore) upstream to the Bonneville Dam deadline, the following regulations apply:

(a) Effective August 1 through September 11:

(A) Retention of Chinook salmon and hatchery coho salmon is allowed;

(B) No more than one adult Chinook salmon may be retained per day.

(b) Effective September 12 through September 15:

(A) Retention of Chinook salmon and coho salmon is allowed; and

(B) No more than one adult Chinook salmon may be retained per day.

(d) Effective October 1 through October 15 retention of coho salmon is allowed.

(e) Effective October 16 through October 31 retention of hatchery coho salmon is allowed.

(f) Effective November 1 through December 31 retention of hatchery coho salmon and hatchery steelhead is allowed.

(g) Effective August 1 through December 31 from the Bachelor Island/Warrior Rock line (defined as a line projected from the Warrior Rock lighthouse on the Oregon shore to the marker atop the piling dolphin located at the downstream end of Bachelor Island on the Washington shore) upstream to the I-5 Bridge, retention of hatchery cutthroat trout is allowed.

(h) All angling is prohibited:

(A) From August 16 through October 15 between markers 150 feet above and 450 feet below the mouth of Tanner Creek out to center of the Columbia River; and

(B) Inside the south navigation lock at Bonneville Dam from a marker on the western-most point of Robins Island to a marker on the Oregon mainland shore.

(i) Bank angling is prohibited:

(A) From Bradford Island below Bonneville Dam from south shore between the dam and a line perpendicular to the shoreline marker at west end of riprap and from north shore between fishway entrance and a line perpendicular to the shoreline marker 850 ft downstream; and

(B) From Robins Island below Bonneville Dam downstream to a line perpendicular to the shoreline marker on mooring cell.

(j) Angling from a floating device or using a floating device to set lines is Dam and a line crossing the river below the dam marked by the boat-restricted zone sign on the Oregon shore at the westernmost tip of Robins Island to the boat-restricted zone sign approximately 50 feet above the Hamilton Island boat ramp on the Washington shore (USACE Boat Restricted Zone).

(k) Effective August 1 through August 31 from Bonneville Dam downstream approx. 9 miles to a line crossing the Columbia River from Navigation Marker 82 on the Oregon shore westerly to a boundary marker on the Washington shore above Fir Point sturgeon angling is prohibited.

(l) Effective November 1 through December 31 salmon angling from a floating device is prohibited from Beacon Rock upstream to the Bonneville Dam deadline.

(7) In the mainstem Columbia River from Bonneville Dam upstream to The Dalles Dam, the following regulations apply:

(a) Effective August 1 through September 11:

(A) Retention of Chinook salmon and hatchery coho salmon is allowed;

(B) No more than one adult Chinook salmon may be retained per day; and

(b) Effective September 12 through September 15:

(A) Retention of Chinook salmon and coho salmon is allowed; and

(B) No more than one adult Chinook salmon may be retained per day.

(d) Effective October 1 through October 15 retention of coho salmon is allowed.

(e) Effective October 16 through October 31 retention of hatchery coho salmon is allowed; retention of wild coho salmon is allowed upstream of the Hood River Bridge.

(f) Effective November 1 through December 31 retention of hatchery coho salmon and hatchery steelhead is allowed; retention of wild coho salmon is allowed upstream of the Hood River Bridge.

(g) Effective August 1 through December 31 when angling for salmon and steelhead, a single-point hook with a gap size no larger than three-quarters inch is required for all nonbuoyant lures except when trolling from a vessel or floating device.

(h) Only single-point hooks are allowed when angling at Cascade Locks in the area between the boat ramp at the lower end of the locks upstream to the east (upstream) end of the lock wall.

(i) Angling is prohibited:

(A) From Bonneville Dam upstream to a line across the river 1,000 feet from the dam as indicated by USACE signs; and

(B) From the Interstate Hwy 197 bridge at The Dalles upstream to the upper line of The Dalles Dam, except bank angling is permitted above the Hwy bridge for 1,100 feet to the cyclone fence.

(j) Effective August 1 through August 31 angling for sturgeon is prohibited from a line projected from the east (upstream) dock at the Port of The Dalles boat ramp straight across to a marker on the Washington bank upstream to The Dalles Dam.

(8) In the mainstem Columbia River from The Dalles Dam upstream to the OR/WA border (upstream of McNary Dam), the following regulations apply:

(a) Effective August 1 through August 31:

(A) Retention of Chinook salmon, coho salmon, and hatchery steelhead is allowed;

(B) No more than one adult Chinook salmon may be retained per day; and

(b) Effective September 1 through September 15:

(A) Retention of Chinook salmon and coho salmon is allowed; and

(B) No more than one adult Chinook salmon may be retained per day.

(d) Effective October 1 through December 31 retention of coho salmon is allowed.

(e) Effective August 1 through December 31 when angling for salmon and steelhead, a single-point hook with a gap size no larger than three-quarters inch is required for all nonbuoyant lures except when trolling from a vessel or floating device.

(f) Angling is prohibited:

(A) From John Day Dam downstream approximately 3,000 feet except that bank angling is permitted up to 600 feet below the fishway entrance; and

(B) From a floating device in USACE designated hazard zones above and below McNary Dam.

(g) Effective August 1 through August 31 angling for sturgeon is prohibited from:

(A) A line projected from the west end of the grain silo at Rufus straight across to a marker on the Washington bank upstream to John Day Dam; and

(B) A line projected from the east end grain elevators at Patterson Ferry Road straight across to a marker on the Washington bank upstream to McNary Dam.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 95-2026, temporary amend filed 09/11/2026, effective 09/12/2026 through 12/31/2026
DFW 88-2026, temporary amend filed 08/24/2026, effective 08/25/2026 through 12/31/2026
DFW 72-2026, temporary amend filed 07/31/2026, effective 08/01/2026 through 12/31/2026
DFW 86-2025, temporary amend filed 09/17/2025, effective 09/18/2025 through 12/31/2025
DFW 61-2025, temporary amend filed 07/31/2025, effective 08/01/2025 through 12/31/2025
DFW 102-2024, temporary amend filed 10/31/2024, effective 11/01/2024 through 12/31/2024
DFW 95-2024, temporary amend filed 10/11/2024, effective 10/14/2024 through 12/31/2024
DFW 87-2024, temporary amend filed 09/26/2024, effective 09/27/2024 through 12/31/2024
DFW 83-2024, temporary amend filed 09/18/2024, effective 09/20/2024 through 12/31/2024
DFW 77-2024, temporary amend filed 09/11/2024, effective 09/12/2024 through 12/31/2024
DFW 62-2024, temporary amend filed 07/31/2024, effective 08/01/2024 through 12/31/2024
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 106-2023, temporary amend filed 10/05/2023, effective 10/16/2023 through 12/31/2023
DFW 99-2023, temporary amend filed 09/21/2023, effective 09/21/2023 through 12/31/2023
DFW 93-2023, temporary amend filed 09/14/2023, effective 09/15/2023 through 12/31/2023
DFW 90-2023, temporary amend filed 09/07/2023, effective 09/08/2023 through 12/31/2023
DFW 69-2023, temporary amend filed 07/25/2023, effective 08/01/2023 through 12/31/2023
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 142-2022, temporary amend filed 10/06/2022, effective 10/08/2022 through 12/31/2022
DFW 136-2022, temporary amend filed 09/29/2022, effective 10/01/2022 through 12/31/2022
DFW 126-2022, temporary amend filed 09/14/2022, effective 09/15/2022 through 12/31/2022
DFW 118-2022, temporary amend filed 09/01/2022, effective 09/02/2022 through 12/31/2022
DFW 116-2022, temporary amend filed 08/31/2022, effective 08/31/2022 through 12/31/2022
DFW 115-2022, temporary amend filed 08/30/2022, effective 08/30/2022 through 12/31/2022
DFW 92-2022, temporary amend filed 07/19/2022, effective 08/01/2022 through 12/31/2022
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 157-2021, temporary amend filed 10/01/2021, effective 10/01/2021 through 12/31/2021
DFW 144-2021, temporary amend filed 09/15/2021, effective 09/17/2021 through 12/31/2021
DFW 141-2021, temporary amend filed 09/10/2021, effective 09/11/2021 through 12/31/2021
DFW 129-2021, temporary amend filed 09/03/2021, effective 09/04/2021 through 12/31/2021
DFW 125-2021, temporary amend filed 08/26/2021, effective 08/27/2021 through 12/31/2021
DFW 112-2021, temporary amend filed 07/30/2021, effective 08/01/2021 through 12/31/2021
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 149-2020, temporary amend filed 12/03/2020, effective 12/03/2020 through 12/31/2020
DFW 145-2020, temporary amend filed 10/30/2020, effective 11/01/2020 through 12/31/2020
DFW 134-2020, temporary amend filed 09/30/2020, effective 10/01/2020 through 12/31/2020
DFW 124-2020, temporary amend filed 09/18/2020, effective 09/19/2020 through 12/31/2020
DFW 118-2020, temporary amend filed 09/10/2020, effective 09/11/2020 through 12/31/2020
DFW 116-2020, temporary amend filed 09/04/2020, effective 09/05/2020 through 12/31/2020
DFW 59-2020, temporary amend filed 05/14/2020, effective 08/01/2020 through 12/31/2020
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 161-2019, temporary amend filed 10/17/2019, effective 10/18/2019 through 12/31/2019
DFW 139-2019, temporary amend filed 09/25/2019, effective 09/25/2019 through 12/31/2019
DFW 129-2019, temporary amend filed 09/04/2019, effective 09/06/2019 through 12/31/2019
DFW 126-2019, temporary amend filed 08/28/2019, effective 09/03/2019 through 12/31/2019
DFW 124-2019, temporary amend filed 08/23/2019, effective 09/03/2019 through 12/31/2019
DFW 114-2019, temporary amend filed 08/09/2019, effective 08/09/2019 through 12/31/2019
DFW 74-2019, temporary amend filed 06/13/2019, effective 08/01/2019 through 12/31/2019
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 143-2018, temporary amend filed 09/20/2018, effective 09/24/2018 through 12/31/2018
DFW 134-2018, temporary amend filed 09/12/2018, effective 09/13/2018 through 12/31/2018
DFW 130-2018, temporary amend filed 09/05/2018, effective 09/06/2018 through 12/31/2018
DFW 122-2018, temporary amend filed 08/24/2018, effective 08/27/2018 through 12/31/2018
DFW 111-2018, temporary amend filed 08/07/2018, effective 08/09/2018 through 12/31/2018
DFW 103-2018, temporary amend filed 07/31/2018, effective 08/01/2018 through 12/31/2018
DFW 140-2017, temporary amend filed 10/27/2017, effective 10/28/2017 through 12/31/2017
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 97-2017(Temp), f. 7-26-17, cert. ef. 8-1-17 thru 12-31-17
DFW 32-2004, f. 4-22-04, cert. ef. 5-1-04; DFW 92-2004(Temp), f. 9-2-04, cert. ef. 9-6-04 thru 12-31-04; DFW 96-2004(Temp), f. 9-20-04, cert. ef. 9-30-04 thru 12-31-04; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 25-2005, f. & cert. ef. 4-15-05; DFW 84-2005(Temp), f. & cert. ef. 8-1-05 thru 12-31-05; DFW 108-2005(Temp), f. 9-15-05, cert. ef. 9-17-05 thru 12-31-05; DFW 112-2005(Temp), f. 9-28-05, cert. ef. 9-30-05 thru 12-31-05; DFW 123-2005(Temp), f. 10-18-05, cert. ef. 10-20-05 thru 12-31-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 26-2006(Temp), f. 4-20-06, cert. ef. 5-1-06 thru 10-27-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 100-2006(Temp), f. & cert. ef. 9-14-06 thru 12-31-06; DFW 109-2006(Temp), f. 9-29-06, cert. ef. 9-30-06 thru 12-31-06; DFW 113-2006(Temp), f. 10-12-06, cert. ef. 10-13-06 thru 12-31-06; DFW 24-2007, f. 4-16-07, cert. ef. 5-1-07; DFW 92-2007(Temp), f. 9-18-07, cert. ef. 9-19-07 thru 12-31-07; DFW 96-2007(Temp), f. 9-21-07, cert. ef. 9-22-07 thru 12-31-07; DFW 101-2007(Temp), f. 9-28-07, cert. ef. 9-29-07 thru 12-31-07; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 36-2008, f. 4-21-08, cert. ef. 5-1-08; DFW 99-2008(Temp), f. 8-22-08, cert. ef. 8-25-08 thru 12-31-08; DFW 104-2008(Temp), f. 8-29-08, cert. ef. 8-31-08 thru 12-31-08; DFW 115-2008(Temp), f. & cert. ef. 9-18-08 thru 12-31-08; DFW 118-2008(Temp), f. 9-24-08, cert. ef. 9-25-08 thru 12-31-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 52-2009, f. & cert. ef. 5-18-09; DFW 133-2009(Temp), f. 10-20-09, cert. ef. 10-22-09 thru 12-31-09; DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10; DFW 77-2010, f. 6-8-10, cert. ef. 6-16-10, DFW 131-2010(Temp), f. 9-21-10, cert. ef. 9-22-10 thru 10-31-10; DFW 145-2010(Temp), f. 10-13-10, cert. ef. 10-15-10 thru 12-31-10; DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11; DFW 100-2011(Temp), f. 7-27-11, cert. ef. 8-1-11 thru 12-31-11; DFW 127-2011(Temp), f. 9-14-11, cert. ef. 9-16-11 thru 12-31-11; DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 100-2012(Temp), f. 7-31-12, cert. ef. 8-1-12 thru 12-31-12; DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13; DFW 81-2013(Temp), f. 7-26-13, cert. ef. 8-1-13 thru 12-31-13; DFW 92-2013(Temp), f. 8-22-13, cert. ef. 8-23-13 thru 12-31-13; DFW 100-2013(Temp), f. 9-12-13, cert. ef. 9-13-13 thru 12-31-13; DFW 107-2013(Temp), f. 9-25-13, cert. ef. 9-26-13 thru 12-31-13; DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14; DFW 96-2014(Temp), f. 7-18-14, cert. ef. 8-1-14 thru 12-31-14; DFW 100-2014(Temp), f. 7-22-14, cert. ef. 8-1-14 thru 12-31-14; DFW 128-2014(Temp), f. 9-3-14, cert. ef. 9-6-14 thru 9-30-14; DFW 143-2014(Temp), f. 10-2-14, cert. ef. 10-3-14 thru 12-31-14; DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15; DFW 95-2015(Temp), f. 7-29-15, cert. ef. 8-1-15 thru 12-31-15; DFW 113-2015(Temp), f. 8-21-15, cert. ef. 8-23-15 thru 12-31-15; DFW 115-2015(Temp), f. 8-28-15, cert. ef. 8-29-15 thru 12-31-15; DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16; DFW 95-2016(Temp), f. 7-27-16, cert. ef. 8-1-16 thru 12-31-16; DFW 110-2016(Temp), f. 8-29-16, cert. ef. 9-1-16 thru 12-31-16; DFW 112-2016(Temp), f. 8-31-16, cert. ef. 9-6-16 thru 12-31-16; DFW 115-2016(Temp), f. 9-13-16, cert. ef. 9-15-16 thru 12-31-16; DFW 119-2016(Temp), f. 9-14-16, cert. ef. 9-15-16 thru 12-31-16; DFW 122-2016(Temp), f. 9-22-16, cert. ef. 9-23-16 thru 12-31-16; DFW 135-2016(Temp), f. 10-20-16, cert. ef. 10-22-16 thru 12-31-16; DFW 142-2016(Temp), f. 11-4-16, cert. ef. 11-5-16 thru 12-31-16; DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17

Or. Admin. R. 635-023-0140 Youngs Bay Control Zone

(1) The current annual Oregon Sport Fishing Regulations provide requirements for the Columbia River Zone. However, additional regulations may be adopted in this rule division from time to time, and, to the extent of any inconsistency, they supersede the current annual Oregon Sport Fishing Regulations .

(2) The Youngs Bay Control Zone is closed to recreational angling from August 1 through September 15.

(a) The Youngs Bay Control Zone is defined as those waters southerly of a line originating on the Oregon shore at the east end of the seawall at the Warrenton Fiber log yard (approximately river mile 10.1) northeasterly through green navigation buoys 29, 31, 33, and 35A to the center of the Astoria-Megler Bridge abutment adjacent to, and north of the ship channel, and continuing southerly in line with the center of the Megler Bridge span to the Oregon shore.

(b) The Youngs Bay Control Zone includes all waters from the line defined in section (2)(a) above south to the Highway 101 Bridge.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 9-2014, f. & cert. ef. 2-10-14
DFW 4-2014(Temp), f. 1-23-14, cert. ef. 2-1-14 thru 7-30-14

Division 24 SNAKE RIVER ZONE SPORT ANGLING REGULATIONS

Or. Admin. R. 635-024-0080 Purpose and Scope

(1) The purpose of Division 024 is to provide for management of sport fisheries in the Snake River Zone over which the State has jurisdiction.

(2) Division 024 incorporates by reference the most current version of the annual 2026 or 2027 Oregon Sport Fishing Regulations. Therefore, persons must consult the current annual Oregon Sport Fishing Regulations in addition to Division 011 and Division 024 to determine all applicable sport fishing requirements for the Snake River Zone.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 146-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Or. Admin. R. 635-024-0090 Temporary rule language in effect until 12/31/2026. Inclusions and Modifications

(1) The current annual Oregon Sport Fishing Regulations provide requirements for the Snake River Zone. However, additional regulations may be adopted in this rule from time to time and to the extent of any inconsistency, they supersede the current annual Oregon Sport Fishing Regulations.

(2) Effective June 4 ,2026 through August 17, 2026, closed for Chinook salmon from the Dug Bar Boat Ramp upstream to Hells Canyon Dam.

(3) Effective August 18, 2026 through October 31, 2026, for the Snake River from the Oregon Washington state border, upstream to the boundary 400 ft below Hells Canyon dam, the bag limit for adult Chinook salmon is 3 per day, of which only one may be wild.

(4) All other permanent rules for the Snake River Zone, as stated in the current annual Oregon Sport Fishing Regulations, remain in effect.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 85-2026, temporary amend filed 08/18/2026, effective 08/18/2026 through 12/31/2026
DFW 49-2026, temporary amend filed 06/03/2026, effective 06/04/2026 through 08/17/2026
DFW 95-2025, temporary suspends temporary DFW 88-2025, filed 10/03/2025, effective 10/04/2025 through 12/31/2025
DFW 88-2025, temporary amend filed 09/17/2025, effective 09/19/2025 through 12/31/2025
DFW 119-2023, adopt filed 12/27/2023, effective 01/01/2024

Division 39 MARINE ZONE FISH, SHELLFISH AND MARINE INVERTEBRATES SPORT REGULATIONS

Or. Admin. R. 635-039-0080 Purpose and Scope

(1) The purpose of Division 039 is to provide for management of sport fisheries for marine fish, shellfish, and marine invertebrates in the Pacific Ocean, coastal bays, and beaches over which the State has jurisdiction.

(2) Division 039 incorporates into Oregon Administrative Rules, by reference:

(a) The sport fishing regulations of the State, included in the most current version of the annual 2026 or 2027 Oregon Sport Fishing Regulations;

(b) Title 50 of the Code of Federal Regulations, Part 300, Subpart E (October 1, 2025 ed.), as amended; and

(3) Therefore, persons must consult all publications referenced in this rule in addition to Division 011 and Division 039 to determine all applicable sport fishing requirements for marine fish, shellfish and marine invertebrates.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 134-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 109-2024, amend filed 12/30/2024, effective 01/01/2025
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 86-2023, temporary amend filed 08/28/2023, effective 08/28/2023 through 12/31/2023
DFW 16-2023, temporary amend filed 02/24/2023, effective 03/01/2023 through 08/27/2023
DFW 156-2022, amend filed 12/20/2022, effective 01/01/2023
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 177-2021, amend filed 12/20/2021, effective 01/01/2022
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 158-2020, amend filed 12/22/2020, effective 01/01/2021
DFW 172-2019, amend filed 12/10/2019, effective 01/01/2020
DFW 180-2018, amend filed 12/12/2018, effective 01/01/2019
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 36-2018, amend filed 03/29/2018, effective 04/01/2018
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 15-2017, f. & cert. ef. 2-15-17
FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94; Renumbered from 635-039-0105; FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95; FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96; FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97; FWC 25-1997, f. 4-22-97, cert. ef. 5-1-97; FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98; DFW 91-1998, f. & cert. ef. 11-25-98; DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 98-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 81-2000, f. 12-22-00, cert. ef. 1-1-01; DFW 118-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 26-2002, f. & cert. ef. 3-21-02; DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03; 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 120-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 33-2005(Temp), f. 4-29-05, cert. ef. 5-1-05 thru 10-27-05; DFW 54-2005(Temp), f. 6-10-05, cert. ef. 6-12-05 thru 11-30-05; DFW 56-2005, f. 6-21-05, cert. ef. 7-1-05; DFW 71-2005(Temp), f. & cert. ef. 7-7-05 thru 11-30-05; DFW 89-2005(Temp), f. & cert. ef. 8-12-05 thru 12-12-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 138-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 134-2006(Temp), f. 12-21-06, cert. ef. 1-1-07 thru 6-29-07; DFW 3-2007, f. & cert. ef. 1-12-07; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 39-2009, f. & cert. ef. 4-27-09; DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10; DFW 32-2010, f. & cert. ef. 3-15-10; DFW 37-2010, f. 3-30-10, cert. ef. 4-1-10; DFW 157-2010, f. 12-6-10, cert. ef. 1-1-11; DFW 24-2011, f. & cert. ef. 3-22-11; DFW 164-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 39-2012, f. & cert. ef. 4-24-12; DFW 1-2013, f. & cert. ef. 1-3-13; DFW 25-2013(Temp), f. 4-2-13, cert. ef. 5-1-13 thru 5-31-13; DFW 32-2013, f. & cert. ef. 5-14-13; DFW 136-2013, f. 12-19-13, cert. ef. 1-1-14; DFW 36-2014, f. 4-29-14, cert. ef. 5-1-14; DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15; DFW 18-2015, f. & cert. ef. 3-10-15; DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16; DFW 3-2016, f. & cert. ef. 1-19-16; DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17

Or. Admin. R. 635-039-0085 Temporary rule language in effect until 10/31/2026. Halibut Seasons

(1) The Pacific halibut sport fishery in Oregon is regulated by the federal government and the International Pacific Halibut Commission (IPHC). OAR Chapter 635, Division 039 incorporates into Oregon Administrative Rules, by reference:

(a) Code of Federal Regulations, Part 300, Subpart E (October 1, 2025 ed.), as amended;

(b) Federal Register Vol. 91, No. 57, dated Wednesday, March 25, 2026 (91 FR 14464);

(d) Federal Register Vol. 91, No. 107, dated Thursday, June 4, 2026 (91 FR 33659);

(e) Federal Register Vol. 91, No. 142, dated Monday, July 27, 2026 (91 FR 46866); and

(f) Federal Register Vol. 91, No. 151, dated Friday August 7, 2026 (91 FR 51104).

(2) Therefore, persons must consult all publications referenced in this rule in addition to Division 039 to determine applicable halibut fishing seasons.

History

Statutory/Other Authority: ORS 496.138, ORS 496.162, ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.109 & ORS 496.012
DFW 82-2026, temporary amend filed 08/07/2026, effective 08/08/2026 through 10/31/2026
DFW 52-2026, temporary amend filed 06/05/2026, effective 06/08/2026 through 10/31/2026
DFW 38-2026, temporary amend filed 05/11/2026, effective 05/12/2026 through 10/31/2026
DFW 33-2026, amend filed 04/27/2026, effective 04/27/2026
DFW 67-2025, temporary amend filed 08/11/2025, effective 08/11/2025 through 09/30/2025
DFW 43-2025, temporary amend filed 06/06/2025, effective 06/09/2025 through 09/30/2025
DFW 32-2025, amend filed 04/22/2025, effective 04/22/2025
DFW 60-2024, temporary amend filed 07/26/2024, effective 08/01/2024 through 12/27/2024
DFW 52-2024, temporary amend filed 06/26/2024, effective 07/01/2024 through 12/27/2024
DFW 28-2024, amend filed 04/23/2024, effective 04/23/2024
DFW 68-2023, temporary amend filed 07/25/2023, effective 08/03/2023 through 10/31/2023
DFW 49-2023, temporary amend filed 06/02/2023, effective 06/12/2023 through 10/31/2023
DFW 35-2023, amend filed 04/24/2023, effective 04/24/2023
DFW 105-2022, temporary amend filed 08/10/2022, effective 09/01/2022 through 10/31/2022
DFW 94-2022, temporary amend filed 07/21/2022, effective 08/04/2022 through 10/31/2022
DFW 72-2022, temporary amend filed 06/28/2022, effective 07/07/2022 through 07/30/2022
DFW 61-2022, temporary amend filed 06/06/2022, effective 06/13/2022 through 06/20/2022
DFW 46-2022, amend filed 05/10/2022, effective 05/10/2022
DFW 149-2021, temporary amend filed 09/20/2021, effective 09/24/2021 through 09/30/2021
DFW 135-2021, temporary amend filed 09/07/2021, effective 09/13/2021 through 09/30/2021
DFW 119-2021, temporary amend filed 08/11/2021, effective 08/27/2021 through 09/30/2021
DFW 105-2021, temporary amend filed 07/16/2021, effective 08/01/2021 through 09/30/2021
DFW 81-2021, temporary amend filed 06/22/2021, effective 06/24/2021 through 09/30/2021
DFW 79-2021, temporary amend filed 06/21/2021, effective 06/24/2021 through 09/30/2021
DFW 51-2021, amend filed 04/23/2021, effective 04/24/2021
DFW 143-2020, temporary amend filed 10/26/2020, effective 10/26/2020 through 10/31/2020
DFW 127-2020, temporary amend filed 09/22/2020, effective 09/22/2020 through 10/25/2020
DFW 108-2020, temporary amend filed 08/27/2020, effective 08/27/2020 through 10/25/2020
DFW 105-2020, temporary amend filed 08/20/2020, effective 08/27/2020 through 10/25/2020
DFW 89-2020, temporary amend filed 07/13/2020, effective 08/06/2020 through 10/25/2020
DFW 54-2020, temporary amend filed 05/07/2020, effective 05/07/2020 through 10/25/2020
DFW 46-2020, temporary amend filed 04/24/2020, effective 04/29/2020 through 10/25/2020
DFW 83-2019, temporary amend filed 06/24/2019, effective 06/28/2019 through 09/30/2019
DFW 66-2019, temporary amend filed 05/31/2019, effective 06/06/2019 through 09/30/2019
DFW 63-2019, temporary amend filed 05/28/2019, effective 05/30/2019 through 09/30/2019
DFW 51-2019, amend filed 04/30/2019, effective 04/30/2019
DFW 132-2018, temporary amend filed 09/06/2018, effective 10/01/2018 through 10/31/2018
DFW 131-2018, temporary amend filed 09/06/2018, effective 09/07/2018 through 09/30/2018
DFW 82-2018, temporary amend filed 06/28/2018, effective 06/30/2018 through 09/30/2018
DFW 76-2018, temporary amend filed 06/20/2018, effective 06/21/2018 through 09/30/2018
DFW 73-2018, amend filed 06/20/2018, effective 06/20/2018
DFW 67-2018, temporary amend filed 06/08/2018, effective 06/21/2018 through 09/30/2018
DFW 58-2018, temporary amend filed 05/21/2018, effective 05/24/2018 through 09/30/2018
DFW 56-2018, temporary amend filed 05/09/2018, effective 05/11/2018 through 09/30/2018
DFW 125-2017, temporary amend filed 09/21/2017, effective 09/22/2017 through 10/31/2017
DFW 116-2017(Temp), f. & cert. ef. 8-28-17 thru 10-31-17
DFW 98-2017(Temp), f. 7-27-17, cert. ef. 7-30-17 thru 10-31-17
DFW 87-2017(Temp), f. 7-7-17, cert. ef. 7-12-17 thru 10-31-17
DFW 78-2017(Temp), f. 6-21-17, cert. ef. 6-23-17 thru 9-30-17
Reverted to DFW 46-2017, f. & cert. ef. 4-24-17
DFW 71-2017(Temp), f. 6-13-17, cert. ef. 6-17-17 thru 6-18-17
DFW 67-2017(Temp), f. 6-6-17, cert. ef. 6-8-17 thru 9-30-17
DFW 62-2017(Temp), f. 5-24-17, cert. ef. 5-25-17 thru 9-30-17
DFW 46-2017, f. & cert. ef. 4-24-17
Reverted to DFW 35-2016, f. & cert. ef. 4-26-16
DFW 66-2016(Temp), f. 6-6-16, cert. ef. 6-8-16 thru 9-30-16
DFW 63-2016(Temp), f. 6-1-16, cert. ef. 6-2-16 thru 9-30-16
DFW 35-2016, f. & cert. ef. 4-26-16
Reverted to DFW 34-2015, f. & cert. ef. 4-28-15
DFW 65-2015(Temp), f. 6-10-15, cert. ef. 6-15-15 thru 9-30-15
DFW 56-2015(Temp), f. 6-2-15, cert. ef. 6-3-15 thru 9-30-15
DFW 34-2015, f. & cert. ef. 4-28-15
Reverted to DFW 36-2014, f. 4-29-14, cert. ef. 5-1-14
DFW 123-2014(Temp), f. & cert. ef. 8-21-14 thru 12-31-14
DFW 80-2014(Temp), f. 6-26-14, cert. ef. 6-27-14 thru 12-24-14
DFW 36-2014, f. 4-29-14, cert. ef. 5-1-14
Reverted to DFW 39-2012, f. & cert. ef. 4-24-12
DFW 86-2013(Temp), f. & cert. ef. 8-8-13 thru 10-31-13
DFW 78-2013(Temp), f. & cert. ef. 7-23-13 thru 10-31-13
DFW 65-2013(Temp), f. 6-27-13, cert. ef. 6-28-13 thru 8-2-13
Reverted to DFW 39-2012, f. & cert. ef. 4-24-12
DFW 123-2012(Temp), f. 9-19-12, cert. ef. 9-24-12 thru 10-31-12
DFW 111-2012(Temp), f. 8-23-12, cert. ef. 8-24-12 thru 12-31-12
DFW 91-2012(Temp), f. 7-19-12, cert. ef. 7-22-12 thru 10-31-12
DFW 84-2012(Temp), f. & cert. ef. 7-5-12 thru 8-2-12
DFW 39-2012, f. & cert. ef. 4-24-12
Reverted to DFW 24-2011, f. & cert. ef. 3-22-11
DFW 135-2011(Temp), f. 9-21-11, cert. ef. 10-1-11 thru 12-31-11
DFW 114-2011(Temp), f. & cert. ef. 8-12-11 thru 10-31-11
DFW 85-2011(Temp), f. 7-5-11, cert. ef. 7-6-11 thru 10-31-11
DFW 82-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 8-4-11
DFW 58-2011(Temp), f. 5-27-11, cert. ef. 6-4-11 thru 8-4-11
DFW 24-2011, f. & cert. ef. 3-22-11
Reverted to DFW 37-2010, f. 3-30-10, cert. ef. 4-1-10
DFW 118-2010(Temp), f. & cert. ef. 8-13-10 thru 10-31-10
DFW 100-2010(Temp), f. 7-15-10, cert. ef. 7-17-10 thru 10-31-10
DFW 37-2010, f. 3-30-10, cert. ef. 4-1-10
DFW 32-2010, f. & cert. ef. 3-15-10
Reverted to DFW 39-2009, f. & cert. ef. 4-27-09
DFW 94-2009(Temp), f. 8-14-09, cert. ef. 8-16-09 thru 12-31-09
Reverted to DFW 39-2009, f. & cert. ef. 4-27-09
DFW 55-2009(Temp), f. & cert. ef. 5-22-09 thru 8-6-09
DFW 39-2009, f. & cert. ef. 4-27-09
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 120-2008(Temp), f. 9-25-08, cert. ef. 9-27-08 thru 12-31-08
DFW 111-2008(Temp), f. & cert. ef. 9-16-08 thru 12-31-08
DFW 107-2008(Temp), f. 9-5-08, cert. ef. 9-7-08 thru 12-31-08
DFW 101-2008(Temp), f. 8-25-08, cert. ef. 8-29-08 thru 9-30-08
DFW 92-2008(Temp), f. & cert. ef. 8-11-08 thru 9-30-08
DFW 81-2008(Temp), f. 7-11-08, cert. ef. 8-2-08 thru 9-30-08
DFW 57-2008(Temp), f. 5-30-08, cert. ef. 6-1-08 thru 7-31-08
Reverted to DFW 3-2007, f. & cert. ef. 1-12-07
DFW 90-2007(Temp), f. 9-19-07, cert ef. 9-20-07 thru 10-31-07
DFW 84-2007(Temp), f. 9-5-07, cert. ef. 9-15-07 thru 9-30-07
DFW 87-2007(Temp), f. 9-10-07, cert. ef. 9-14-07 thru 10-28-07
DFW 76-2007(Temp), f. 8-17-07, cert. ef. 8-24-07 thru 9-30-07
DFW 67-2007(Temp), f. 8-9-07, cert. ef. 8-12-07 thru 9-30-07
Reverted to DFW 3-2007, f. & cert. ef. 1-12-07
DFW 35-2007(Temp), f. 5-25-07, cert. ef. 5-26-07 thru 8-2-07
DFW 3-2007, f. & cert. ef. 1-12-07
Reverted to DFW 56-2005, f. 6-21-05, cert. ef. 7-1-05
DFW 34-2006(Temp), f. 5-25-06, cert. ef. 5-27-06 thru 8-3-06
Reverted to DFW 56-2005, f. 6-21-05, cert. ef. 7-1-05
DFW 121-2005(Temp), f. 10-12-05, cert. ef. 10-18-05 thru 12-31-05
DFW 107-2005(Temp), f. 9-14-05, cert. ef. 9-15-05 thru 10-31-05
DFW 89-2005(Temp), f. & cert. ef. 8-12-05 thru 12-12-05
DFW 56-2005, f. 6-21-05, cert. ef. 7-1-05

Or. Admin. R. 635-039-0090 Inclusions and Modifications

(1) The current annual Oregon Sport Fishing Regulations provide requirements for sport fisheries for marine fish, shellfish, and marine invertebrates in the Pacific Ocean, coastal bays, and beaches, commonly referred to as the Marine Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the current annual Oregon Sport Fishing Regulations.

(2) For the purposes of this rule, a "sport harvest guideline" is defined as a specified numerical harvest objective that is not a quota. Attainment of a harvest guideline does not automatically close a fishery. Upon attainment of a sport harvest guideline, the Department shall initiate consultation to determine if additional regulatory actions are necessary to achieve management objectives. The following sport harvest guidelines include the combined landings and other fishery related mortality by the Oregon sport fishery in a single calendar year:

(a) Black rockfish, 266.3 metric tons;

(b) Blue rockfish and deacon rockfish combined: 63.2 metric tons;

(d) Cabezon, 16.9 metric tons; and

(e) Greenling, 31.6 metric tons.

(3) For the purposes of this rule, "Other Nearshore Rockfish" means the following rockfish species: black and yellow (Sebastes chrysolmelas); brown (S. auriculatus); calico (S. dalli); China (S. nebulosus); copper (S. caurinus); gopher (S. carnatus); grass (S. rastrelliger); kelp (S. atrovirens); olive (S. serranoides); quillback (S. maliger); and treefish (S. serriceps).

(4) In addition to the regulations for Marine Fish in the current annual Oregon Sport Fishing Regulations, the following apply for the sport fishery in the Marine Zone:

(a) Lingcod (including green colored lingcod): 3 fish daily bag limit.

(b) All rockfish ("sea bass" "snapper"), greenling ("sea trout"), cabezon, skates, and other marine fish species not listed in the current annual Oregon Sport Fishing Regulations in the Marine Zone, located under the category of Finfish Species, General Marine Species: 4 fish daily bag limit in aggregate (total sum or number), of which no more than 2 may be canary rockfish, and no more than 1 may be a cabezon, when retention of cabezon is allowed. Retention of the following species is prohibited:

(A) Yelloweye rockfish;

(B) Cabezon from January 1 through June 30; and

(c) Flatfish (flounder, sole, sanddabs, turbot, and all halibut species except Pacific halibut): 25 fish daily bag limit in aggregate (total sum or number).

(d) Except as specified in subsection (4)(d)(A), retention of all marine fish listed under the category of Finfish Species, General Marine Species, except Pacific cod, sablefish, flatfish, herring, anchovy, smelt, sardine, striped bass, hybrid bass, and offshore pelagic species (excluding leopard shark and soupfin shark), is prohibited when Pacific halibut is retained on the vessel during open days for the all-depth sport fishery for Pacific halibut when the sport fishery for general marine species (other than flatfish species) is closed outside of the 40-fathom curve as specified in subsection (4)(f).

(A) Persons must also consult all publications referenced in OAR 635-039-0080 to determine all rules applicable to the taking of Pacific halibut.

(B) When the all-depth sport fishery for Pacific halibut is open and the sport fishery for general marine species (other than flatfish species) is closed outside of the 40-fathom curve as specified in subsection (4)(f), fishing with long-leader gear is allowed on the same trip as all-depth halibut fishing as follows:

(i) When rockfish are onboard the vessel, anglers are only allowed to retain the species listed under subsection (4)(h)(A) and must use long-leader gear as defined in subsection (4)(e)(F);

(ii) Pacific cod, sablefish, flatfish, herring, anchovy, smelt, sardine, striped bass, hybrid bass, and offshore pelagic species (excluding leopard shark and soupfin shark) may be retained while all-depth halibut fishing, prior to retaining any rockfish species;

(iii) It is not required to separate all-depth halibut fishing from long-leader fishing by returning to the dock and offloading fish. A long-leader fishing trip must be separated from any other fishing trip where groundfish are retained by returning to the dock and offloading fish; and

(iv) All other requirements and prohibitions contained within subsection (4)(h) apply.

(e) Harvest methods and other specifications for marine fish in subsections (4)(a), (4)(b) and (4)(c) including the following:

(A) Minimum length for lingcod, 22 inches.

(B) Minimum length for cabezon,16 inches.

(D) Mutilating the fish so the size or species cannot be determined prior to landing or transporting mutilated fish across state waters is prohibited.

(E) When angling for groundfish or Pacific halibut in the Pacific Ocean or when in possession of groundfish or Pacific halibut, all watercraft shall have a functional descending device on board and shall use a descending device when releasing any rockfish outside of the 30-fathom curve (defined by latitude and longitude) as shown in Title 50 Code of Federal Regulations Part 660 Section 71. Upon request, a descending device shall be presented for inspection by any person authorized to enforce the wildlife laws or a representative of the Department. In this subsection, “descending device” means a device capable of returning a rockfish back to a depth of at least 100 feet to assist the fish in recompression and to improve the fish’s chance of survival.

(F) Long-leader gear means fishing gear with the following: one fishing line, deployed with a sinker and no more than three hooks, with a minimum of 30 feet (9.14 meters) between the sinker and the lowest hook, and a non-compressible float attached to the line above the hooks. The hooks can only be equipped with artificial lures or molded soft plastic or rubber imitations of worms, eggs, insects, bait fish, crayfish, etc. 5 inches or less in length and/or artificial flies. Natural bait may not be used.

(f) Sport fisheries for species in subsections (4)(a), (4)(b) and (4)(c) and including leopard shark and soupfin shark are open January 1 through December 31, twenty-four hours per day, except as provided in subsections 4(b) and (4)(d). A 20-fathom, 25-fathom, 30-fathom, or 40-fathom curve, as shown in Title 50 Code of Federal Regulations Part 660 Section 71 may be implemented as the management line for depth-based inseason modifications as necessary. In addition, the following management lines may be used to set area-specific regulations for inseason action only:

(A) Cape Lookout (45°20’30” N latitude); and

(B) Cape Blanco (42°50’20” N latitude).

(g) The Stonewall Bank Yelloweye Rockfish Conservation Area (YRCA) is defined by coordinates specified in Title 50 Code of Federal Regulations Part 660 Section 70 (October 1, 2018 ed.). Within the YRCA, it is unlawful to fish for, take, or retain species listed in subsections (4)(a), (4)(b) and (4)(c) of this rule, leopard shark, soupfin shark, and Pacific halibut using recreational fishing gear. A vessel engaged in recreational fishing within the YRCA is prohibited from possessing any species listed in subsections (4)(a), (4)(b) and (4)(c) of this rule, leopard shark, soupfin shark, and Pacific halibut. Recreational fishing vessels in possession of species listed in subsections (4)(a), (4)(b) and (4)(c) and including leopard shark, soupfin shark, and Pacific halibut may transit the YRCA without fishing gear in the water.

(h) On any fishing trip where fishing with long-leader gear (as defined in subsection (4)(e)(F)) occurs seaward of the 40-fathom curve (defined by latitude and longitude) as shown in Title 50 Code of Federal Regulations Part 660 Section 71, the following apply:

(A) It is unlawful to retain any species in the Groundfish Group other than yellowtail rockfish (Sebastes flavidus), widow rockfish (S. entomelas), canary rockfish (S. pinniger), deacon rockfish (S.diaconus), blue rockfish (S. mystinus), redstripe rockfish (S. proriger), greenstriped rockfish (S.elongatus), chilipepper rockfish (S. goodei), bocaccio rockfish (S. paucispinis), silvergray rockfish (S.brevispinis), Pacific cod (Gadus macrocephalus), Sablefish (Anoplopoma fimbria) or any species of flatfish;

(B) The daily bag limit is 10 fish, of which no more than 2 may be canary rockfish, in aggregate for the species listed in section (4)(h)(A);

(C) A long-leader fishing trip must be separated from any other fishing trip for all anglers on the vessel where groundfish are retained by returning to the dock and offloading all fish, except as specified in subsection (4)(d)(B)(iii);

(D) It is unlawful for an angler who retained fish on a long-leader fishing trip to retain more than 10 fish in aggregate of the species listed in subsection (4)(b) in the same day;

(E) It is unlawful for any angler on the vesselto fish for any species in the Groundfish Group, including those listed in subsection (4)(h)(A), inside of the 40-fathom curve or with gear that is not long-leader gear as defined in subsection (4)(e)(F); and

(F) Federal rules governing the long-leader fishery will supersede these rules to the extent of any inconsistency, including the definition of long-leader gear.

History

Statutory/Other Authority: ORS 496.138 & ORS 496.146
Statutes/Other Implemented: ORS 496.162
DFW 135-2025, amend filed 12/31/2025, effective 01/01/2026
DFW 104-2025, temporary amend filed 10/27/2025, effective 10/27/2025 through 12/31/2025
DFW 83-2025, temporary amend filed 09/16/2025, effective 09/18/2025 through 10/26/2025
DFW 69-2025, temporary amend filed 08/13/2025, effective 08/18/2025 through 10/26/2025
DFW 66-2025, temporary amend filed 08/08/2025, effective 08/08/2025 through 10/26/2025
DFW 34-2025, temporary amend filed 04/30/2025, effective 04/30/2025 through 10/26/2025
DFW 14-2025, amend filed 02/18/2025, effective 02/18/2025
DFW 109-2024, amend filed 12/30/2024, effective 01/01/2025
DFW 79-2024, amend filed 09/16/2024, effective 09/16/2024
DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024
DFW 87-2023, temporary amend filed 08/28/2023, effective 08/28/2023 through 09/04/2023
DFW 19-2023, temporary amend filed 02/28/2023, effective 03/01/2023 through 08/27/2023
DFW 156-2022, amend filed 12/20/2022, effective 01/01/2023
DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 113-2022, temporary amend filed 08/22/2022, effective 09/06/2022 through 12/31/2022
DFW 34-2022, amend filed 04/08/2022, effective 04/08/2022
DFW 177-2021, amend filed 12/20/2021, effective 01/01/2022
DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022
DFW 66-2021, temporary amend filed 05/26/2021, effective 06/01/2021 through 11/05/2021
DFW 59-2021, temporary amend filed 05/06/2021, effective 05/10/2021 through 11/05/2021
DFW 28-2021, amend filed 03/16/2021, effective 03/16/2021
DFW 152-2020, amend filed 12/16/2020, effective 01/01/2021
DFW 102-2020, temporary amend filed 08/11/2020, effective 08/14/2020 through 12/31/2020
DFW 92-2020, temporary amend filed 07/15/2020, effective 07/20/2020 through 12/31/2020
DFW 1-2020, amend filed 01/03/2020, effective 01/03/2020
DFW 172-2019, amend filed 12/10/2019, effective 01/01/2020
DFW 147-2019, amend filed 09/30/2019, effective 01/01/2020
DFW 128-2019, temporary amend filed 08/29/2019, effective 09/03/2019 through 12/31/2019
DFW 122-2019, temporary amend filed 08/21/2019, effective 08/23/2019 through 12/31/2019
DFW 117-2019, temporary amend filed 08/09/2019, effective 08/16/2019 through 12/31/2019
DFW 187-2018, temporary amend filed 12/28/2018, effective 01/01/2019 through 02/28/2019
DFW 180-2018, amend filed 12/12/2018, effective 01/01/2019
DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019
DFW 140-2018, temporary suspends temporary DFW 113-2018, filed 09/17/2018, effective 12/22/2018 through 12/22/2018
DFW 114-2018, temporary amend filed 08/15/2018, effective 12/23/2018 through 12/31/2018
DFW 113-2018, temporary amend filed 08/15/2018, effective 08/18/2018 through 12/22/2018
DFW 79-2018, temporary amend filed 06/26/2018, effective 07/01/2018 through 12/22/2018
DFW 32-2018, amend filed 03/21/2018, effective 03/21/2018
DFW 26-2018, temporary amend filed 02/21/2018, effective 02/21/2018 through 06/26/2018
DFW 158-2017, temporary amend filed 12/27/2017, effective 01/01/2018 through 06/26/2018
DFW 157-2017, temporary amend filed 12/26/2017, effective 12/27/2017 through 12/31/2017
DFW 156-2017, temporary amend filed 12/26/2017, effective 01/01/2018 through 06/26/2018
DFW 155-2017, temporary amend filed 12/26/2017, effective 12/26/2017 through 12/31/2017
DFW 151-2017, amend filed 12/15/2017, effective 01/01/2018
DFW 128-2017, temporary amend filed 09/29/2017, effective 10/01/2017 through 12/31/2017
DFW 126-2017, temporary amend filed 09/25/2017, effective 10/01/2017 through 12/31/2017
DFW 121-2017, temporary amend filed 09/20/2017, effective 09/20/2017 through 12/31/2017
DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18
DFW 118-2017(Temp), f. 9-12-17, cert. ef. 9-18-17 thru 12-31-17
DFW 46-2017, f. & cert. ef. 4-24-17
DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17
DFW 148-2016, f. 12-7-16, cert. ef. 1-1-17
DFW 117-2016(Temp), f. 9-14-16, cert. ef. 10-1-16 thru 12-31-16
DFW 105-2016, f. & cert. ef. 8-10-16
DFW 91-2016(Temp), f. 7-12-16, cert. ef. 7-14-16 thru 12-31-16
DFW 38-2016(Temp), f. & cert. ef. 4-26-16 thru 10-22-16
DFW 35-2016, f. & cert. ef. 4-26-16
DFW 24-2016(Temp), f. 3-30-16, cert. ef. 4-1-16 thru 9-27-16
DFW 3-2016, f. & cert. ef. 1-19-16
DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16
DFW 34-2015, f. & cert. ef. 4-28-15
Temporary suspended by DFW 18-2015, f. & cert. ef. 3-10-15
DFW 5-2015(Temp), f. 1-13-15, cert. ef. 1-15-15 thru 7-13-15
DFW 4-2015, f. 1-13-15, cert. ef. 1-15-15
DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15
DFW 136-2013, f. 12-19-13, cert. ef. 1-1-14
DFW 112-2013(Temp), f. & cert. ef. 9-27-13 thru 12-31-13
DFW 32-2013, f. & cert. ef. 5-14-13
DFW 23-2013(Temp), f. 3-20-13, cert. ef. 4-1-13 thru 9-27-13
DFW 155-2012(Temp), f. 12-28-12, cert. ef. 1-1-13 thru 6-29-13
DFW 151-2012, f. 12-27-12, cert. ef. 1-1-13
DFW 90-2012(Temp), f. 7-17-12, cert. ef. 9-20-12 thru 12-31-12
DFW 164-2011, f. 12-27-11, cert. ef. 1-1-12
DFW 156-2011(Temp), f. 12-9-11, cert. ef. 12-15-11 thru 1-31-12
DFW 155-2011(Temp), f. 11-18-11, cert. ef. 12-1-11 thru 12-31-11
DFW 135-2011(Temp), f. 9-21-11, cert. ef. 10-1-11 thru 12-31-11
DFW 97-2011(Temp), f. & cert. ef. 7-20-11 thru 12-31-11
DFW 24-2011, f. & cert. ef. 3-22-11
DFW 157-2010, f. 12-6-10, cert. ef. 1-1-11
DFW 103-2010(Temp), f. 7-21-10, cert. ef. 7-23-10 thru 12-31-10
DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10
DFW 110-2009(Temp), f. 9-10-09, cert. ef. 9-13-09 thru 12-31-09
DFW 39-2009, f. & cert. ef. 4-27-09
DFW 7-2009(Temp), f. & cert. ef. 2-2-09 thru 7-31-09
DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09
DFW 105-2008(Temp), f. 9-4-08, cert. ef. 9-7-08 thru 12-31-08
DFW 97-2008(Temp), f. 8-18-08, cert. ef. 8-21-08 thru 12-31-08
DFW 73-2008(Temp), f. 6-30-08, cert. ef. 7-7-08 thru 12-31-08
DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08
DFW 66-2007(Temp), f. 8-6-07, cert. ef. 8-11-07 thru 12-31-07
DFW 10-2007, f. & cert. ef. 2-14-07
DFW 3-2007, f. & cert. ef. 1-12-07
DFW 134-2006(Temp), f. 12-21-06, cert. ef. 1-1-07 thru 6-29-07
DFW 61-2006, f. 7-13-06, cert. ef. 10-1-06
DFW 105-2006(Temp), f. 9-21-06, cert. ef. 9-22-06 thru 12-31-06
DFW 65-2006(Temp), f. 7-21-06, cert. ef. 7-24-06 thru 12-31-06
DFW 138-2005, f. 12-7-05, cert. ef. 1-1-06
Reverted to DFW 138-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06
DFW 141-2005(Temp), f. 12-12-05, cert. ef. 12-30-05 thru 12-31-05
DFW 129-2005(Temp), f. & cert. ef. 11-29-05 thru 12-31-05
DFW 121-2005(Temp), f. 10-12-05, cert. ef. 10-18-05 thru 12-31-05
DFW 87-2005(Temp), f. 8-8-05, cert. ef. 8-11-05 thru 12-31-05
DFW 75-2005(Temp), f. 7-13-05, cert. ef. 7-16-05 thru 12-31-05
DFW 34-2005(Temp), f. 4-29-05, cert. ef. 5-1-05 thru 10-27-05
DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05
DFW 97-2004(Temp), f. 9-22-04, cert. ef. 9-30-04 thru 12-31-04
DFW 91-2004(Temp), f. 8-31-04, cert. ef. 9-2-04 thru 12-31-04
DFW 83-2004(Temp), f. 8-17-04, cert. ef. 8-18-04 thru 12-31-04
DFW 128-2003, f. 12-15-03, cert. ef. 1-1-04
DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04
DFW 114-2003(Temp), f. 11-18-03, cert. ef. 11-21-03 thru 12-31-03
DFW 35-2003, f. 4-30-03, cert. ef. 5-1-03
DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03
DFW 26-2002, f. & cert. ef. 3-21-02
DFW 118-2001, f. 12-24-01, cert. ef. 1-1-02
DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01
DFW 83-2000(Temp), f. 12-28-00, cert. ef. 1-1-01 thru 1-31-01
DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00
Reverted to DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99
DFW 68-1999(Temp), f. & cert. ef. 9-17-99 thru 9-30-99
DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99
FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98
FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97
Reverted to FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96
FWC 30-1996(Temp), f. 5-31-96, cert. ef. 6-2-96
FWC 28-1996(Temp) , f. 5-24-96, cert. ef. 5-26-96
FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96
FWC 58-1995(Temp), f. 7-3-95, cert. ef. 7-5-95
FWC 46-1995(Temp), f. & cert. ef. 6-2-95
FWC 43-1995(Temp), f. 5-26-95, cert. ef. 5-28-95
FWC 36-1995, f. 5-3-95, cert. ef. 5-5-95
FWC 26-1995, f. 3-29-95, cert. ef. 4-2-95
FWC 25-1995, f. 3-29-95, cert. ef. 4-1-95
FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95
FWC 95-1994, f. 12-28-94, cert. ef. 1-1-95
FWC 83-1994(Temp), f. 10-28-94, cert. ef. 11-1-94
FWC 43-1994(Temp), f. & cert. ef. 7-19-94
FWC 31-1994, f. 5-26-94, cert. ef. 6-20-94
FWC 29-1994(Temp), f. 5-20-94, cert. ef. 5-21-94
FWC 22-1994, f. 4-29-94, cert. ef. 5-2-94
FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94

Division 40 SALMON HATCHERIES — PRIVATE

Or. Admin. R. 635-040-0000 Definitions and Purpose

This rule describes the definitions to be used by the Oregon Fish and Wildlife Commission and the Oregon Department of Fish and Wildlife in interpreting the statutes and the rules, and provides a description of the purpose of the rules:

(1) Definitions in OAR 635-007-0501 and the following definitions apply to this Division:

(a) “Annual production program limit” means the number of fish annually authorized by the Department to be released;

(b) “Naturally adapted stocks” means stocks which have adapted to the local environment such that they are capable of reproducing and surviving under local conditions;

(c) “Principal” means any person or entity owning five percent or more of a company; general partners, president, vice-president, chief executive officer and directors;

(d) “Private salmon hatchery” means the location from which anadromous fish may be released for migration to the ocean and at which returning adult salmon are captured for processing or retention as brood stock. Such location, also known as the “release/recapture site,” shall be designated in the private salmon hatchery permit;

(e) “Release limits” means the maximum number of fish authorized to be released annually. This number, specified in a permit or in writing by the Department, does not entitle permittee to make annual releases of this number but rather functions as a ceiling on the number allowed to be released in the annual production program.

(2) The purpose of these rules is to describe policies, standards and procedures concerning:

(a) Application for private salmon hatchery permits;

(b) Evaluation of applications for private salmon hatchery permits;

(d) Operation of private salmon hatcheries, including changes in operation and termination;

(e) Transfer of private salmon hatchery permits;

(f) Monitoring of private salmon hatchery operations.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90
FWC 25-1984, f. 6-21-84, ef. 7-1-84

Or. Admin. R. 635-040-0001 Private Salmon Hatchery Policy

(1) The Commission recognizes the intent of the Legislature (ORS 508.700 through 508.745) to permit the establishment and operation of private salmon hatcheries. Oregon law provides that the role of private hatcheries is to optimize the long-term contribution to Oregon’s salmon resource under regulations which shall prevent the deterioration of any natural run of anadromous fish or populations of resident fish.

(2) These rules are not intended to prevent or eliminate any currently active permitted operation. Where a proposed operation has met the statutory criteria and been issued a permit, the Commission intends that the private salmon hatchery be operated in a manner consistent with Oregon law.

(3) Private salmon hatcheries shall use or develop stocks that are, to the fullest extent possible, compatible with naturally adapted stocks in accordance with OAR 635-007-0521 through 635-007-0529 and fish management plans of the Department, and as they may be amended.

(4) Private salmon hatcheries shall be limited in numbers of fish permitted to be released, based on:

(a) The technical and financial capabilities of the permittee;

(b) The Department’s evaluation of the permittee’s proposed program; and

(c) The consistency of the proposed program with the goals and guidelines of the Land Conservation and Development Commission and fish management plans of the Department.

(5) Private salmon hatcheries shall be regularly monitored to insure compliance with ORS 508.700 through 508.745 and all applicable regulations.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90
FWC 25-1984, f. 6-21-84, ef. 7-1-8

Or. Admin. R. 635-040-0007 Moratorium on Private Salmon Hatchery Permits and Revisions to Permits

This section describes the moratorium which currently exists for new permits for private salmon hatcheries, as well as for revisions to existing permits which increase release limits specified in those permits or otherwise specified by the Department:

(1) No applications for private coho, chinook, or chum salmon hatchery permits shall be accepted, nor shall any permits be issued, through December 31, 1995, by which time this rule shall be reviewed by the Commission to determine if the moratorium should be continued. In addition, no revisions shall be made through December 31, 1995, to increase limits specified in existing permits or specified by the Department subsequent to issuance of the permit.

(2) Existing permits may be transferred pursuant to OAR 635-040-0025.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 127-1990, f. 12-24-90, cert. ef. 1-1-91
FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90
FWC 80-1985, f. 12-16-85, ef. 1-1-86
FWC 80-1982, f. & ef. 11-4-82
FWC 78-1982(Temp), f. & ef. 11-4-82
FWC 67-1982(Temp), f. & ef. 9-28-82
FWC 69-1980, f. & ef. 12-15-80

Or. Admin. R. 635-040-0009 Application Requirements and Hearing Procedures for New Permits to Construct and Operate Private Salmon Hatcheries

This rule describes the information which shall be contained in permit applications, as well as the process which the Department shall use in processing applications:

(1) Applications for new private salmon hatchery permits shall be processed in accordance with the Attorney General’s Model Rules of Procedure adopted by the Department as OAR 635-001-0005, and as these rules may be subsequently revised.

(2) The hearing on the proposed issuance of a new private salmon hatchery permit shall be conducted as a contested case hearing. However, the Commission or hearings officer may allow members of the public to testify at the hearing.

(3) Applications for new private salmon hatchery permits shall contain the following information, at a minimum:

(a) Name of applicant(s);

(b) Address and telephone number;

(c) Name, address and telephone number of the person designated by applicant to receive service of documents during the course of the proceedings;

(d) A description of the location of the operation;

(e) A clear and concise statement of the operation proposed by applicant;

(f) A clear and concise statement of why the applicant believes that none of the grounds for denial of a permit set forth in ORS 508.710 are relevant to the application;

(g) An assessment of the impact of the proposed operation on natural runs of anadromous fish, including potential competition problems; and

(h) An assessment of the economic benefit to the State of Oregon of the proposed operation.

(4) All applications shall contain, as exhibits, the following:

(a) All reports, technical documents, articles and data or information of any kind on which applicant intends to rely at the hearing;

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

(c) A map of the proposed private salmon hatchery site or release site, indicating the geographic relationship of the hatchery and the release site to the surrounding area;

(d) Information documenting the private salmon hatchery’s compliance with the Statewide Planning Goals and compatibility with the applicable acknowledged comprehensive plan(s) and land use regulations. Such documentation shall include one of the following:

(A) Information affirming that the private salmon hatchery has received specific land use approval from the affected city or county; or

(B) Information demonstrating that the private salmon hatchery is permitted under the city or county’s acknowledged comprehensive plan, but does not require specific land use approval by the jurisdiction; or

(C) Written declaration by the permit applicant acknowledging that final Department approval of the private salmon hatchery shall not be issued until the permit applicant provides the Department with the appropriate land use compatibility information as described in either paragraph (4)(d)(A) or (B) of this rule.

(e) Where more than one unit of local government has land use approval authority over the site of the proposed private salmon hatchery, documentation shall be submitted to the Department in the manner described in subsection (4)(d) of this section demonstrating land use compatibility with each of the affected jurisdiction’s comprehensive plans.

(5) The meaning of the land use terms used in this rule shall be the same as defined in OAR 635-405-0005.

(6) The applicant shall file ten copies of the application and all supporting information and exhibits with the Department, and shall submit such additional copies as may be required by the Department or hearings officer.

(7) A separate application is required for each fish species proposed to be propagated, including a $100 fee for processing of each application.

(8) The Department shall begin processing of an application when it is deemed complete. An application shall be deemed complete only when the information required under sections (3) and (4) of this rule is completed in full; and the application is signed by the applicant or the applicant’s legally authorized representative, and is accompanied by all required exhibits and fee.

(9) If the Department determines that additional information is needed, it shall promptly request the needed information from the applicant. The application shall not be considered complete for processing until the requested information is received. The application shall be considered to be withdrawn if the applicant fails to submit the requested information within 90 days of the request.

(10) When an application is deemed complete, the applicant shall be so notified. Processing of the application may require a minimum of six months from the date on which an application is deemed complete.

(11) Applications shall not be considered by the Commission unless the Department has determined that adequate seed stock from sources approved by the Department will be available within two years of approval of permits by the Commission. The Department, in its discretion, shall determine which seed stock is acceptable for use at a particular site.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90

Or. Admin. R. 635-040-0012 Release Limits

Each permit shall specify release limits. If limits were not specified in permits already issued, the Department has specified, in writing, applicable release limits for those permits, and any transferee is bound by those specified limits.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90

Or. Admin. R. 635-040-0014 Permits, Licenses and Reports Required of Private Salmon Hatchery Operators

This rule cross-references and lists other permits, licenses, and reports required of private salmon hatchery operators. Private salmon hatchery operators shall obtain the following permits and provide the following reports:

(1) Wholesale Fish Dealer License. Each private salmon hatchery operator who harvests salmon pursuant to permits issued under ORS 508.700 shall first obtain a wholesale fish dealer license. Monthly reports and payment of poundage fees are required as provided in OAR 635-006-0200 through 635-006-0220 on all fish harvested upon return to the private hatchery. No poundage fees are required for those returning fish which are released alive in waters of the state.

(2) Fish Propagation License. Fish propagation licenses are required for private hatcheries and support facilities which propagate, rear for sale, or sell live fish which are not released. Regulations governing fish propagation licenses are found in OAR 635-007-0650 through 635-007-0670. A fish propagation license is not required for incubation and rearing for release of permitted species at the authorized private salmon hatchery site.

(3) Fish Transport Permit. Fish transport permits are required as provided in OAR 635-007-0600.

(4) Release Permits. Separate release permits are required for each group or period in which fish are released from the release-recapture sites. It is expected that such period shall generally be on a two-week basis.

(5) Reports of Disease Examinations. Reports of disease examinations, indicating disease status, are required prior to release, in accordance with ORS 508.715(2). Disease examinations conducted within six weeks prior to release meet the requirements of this section.

(6) Monthly Reports. Reports of all fish released are required. Such reports shall include: Species, number, number marked, tag loss, size, and dates of release. Each operator shall verify the data contained in monthly reports as shown in the annual Department summary report of all releases.

(7) Biological Data. The Department may require reports showing biological data from salmon returning to private hatchery facilities for the monitoring and evaluation of hatchery operations. The mark recovery information from these reports shall be provided to the regional Mark Processing Center by the Department.

(8) Monthly Reports of Fish on Hand. Monthly reports of fish on hand at each facility, whether operated by the permittee or by a contractor on the permittee’s behalf, shall be submitted to the Department.

(9) Fish Loss Report. A report of any fish loss which exceeds 0.1 percent per week in any one pond shall be immediately made to Fish Propagation Section of the Department by telephone and by written report as provided in OAR 635-007-0580.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90

Or. Admin. R. 635-040-0015 Purchase of Salmon Eggs from the Department

This section describes salmon eggs, fry or fingerlings which may be made available by the state to private hatchery permittees, as well as the Department’s priority list for purchase of eggs, fry and fingerlings:

(1) Chinook, chum, or coho (silver) salmon eggs, fry or fingerlings which are surplus to the needs of the state and the STEP program may be made available for sale to private salmon hatchery permittees through state fish culture facilities, based on the criteria set forth in OAR 635-007-0825.

(2) Upon written request, a permittee shall be placed on a list, in order of priority based on OAR 635-007-0830, to purchase salmon eggs, fry and fingerlings. Salmon eggs, fry, or fingerlings shall be made available for purchase based on the priority set forth in OAR 635-007-0830.

(3) Refusal to pick up eggs when offered shall result in a permittee being moved to the bottom of the priority list, and behind other private salmon hatchery permittees.

(4) In determining a reasonable fee for salmon eggs as provided in ORS 508.730, the Department shall consider all costs in providing such eggs and the market value of viable salmon eggs and carcasses. Payment in full at the time of order shall be required if fish shall be held for maturation for a period longer than 30 days.

History

Statutory/Other Authority: ORS 506 & 508
Statutes/Other Implemented: ORS 506 & 508
FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90
FWC 44-1981, f. & ef. 12-21-81
FWC 66, f. 7-30-76, ef. 8-2-76, Renumbered from 625-030-0110
FC 271(74-3), f. 1-30-74, ef. 2-25-74
FC 266(73-9), f. 8-1-73, ef. 8-15-73

Or. Admin. R. 635-040-0018 Use of Wild Salmon for Private Salmon Hatchery Seed Stock

This section describes the prohibition on the taking of wild chinook or coho as seed stock by private salmon hatchery permittees, as well as the circumstances in which wild chum salmon seed stock may be authorized to be taken by private hatchery permittees:

(1) Wild chinook or coho shall not be taken as a source of seed stock by a private salmon hatchery permittee. Wild chinook, coho, or chum may be taken by the Department to establish a seed stock at any hatchery, whether public or private, provided that sufficient fish are returned to the donor stream to compensate fully for native smolts which might have resulted from eggs removed from the donor stock in accordance with ORS 496.455.

(2) Upon request, the Department may authorize a private salmon hatchery permittee to take wild chum salmon as a source of initial seed stock. The Department shall approve such request only if the quantity of chum salmon to be removed from a stream shall not adversely affect natural chum salmon production in such stream and the requirements of ORS 496.455 are met. The terms and conditions under which such native chum salmon may be taken from a stream and the fee to be charged for such chum shall be included in and made a part of the permit granted by the Commission pursuant to ORS 508.700 through 508.745.

(3) Salmon eggs may also be collected by the Department and provided to a permittee in accordance with ORS 496.455 to meet specific Department management objectives.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90

Or. Admin. R. 635-040-0020 Areas Closed to Private Salmon Hatchery Release and Recapture Sites

This rule describes the streams and locations which are closed for siting of private salmon hatcheries facilities:

(1) No permits shall be issued for any private salmon hatchery to be located above the head of tidewater, except sites may be located a short distance above the mouth of small direct tributaries to the ocean. Sites shall not be located in the freshwater portion (above tidewater) of any stream which has the potential for natural production of significant numbers of anadromous fish.

(2) The following streams, their tributaries and included tidal reaches are closed to siting of private salmon hatcheries:

(a) Major streams:

(A) Columbia:

(i) Columbia system above Tongue Point;

(ii) Youngs River including Klaskanine River above Battle Creek Slough;

(iii) Lewis and Clark River above Johnson Slough;

(iv) Skipanon River above Taylor Lake outlet.

(B) Necanicum River above Neawanna Creek;

(D) Nehalem:

(i) Nehalem system above Foley Creek;

(ii) North Fork Nehalem River above Anderson Creek.

(E) Tillamook:

(i) Miami River above Illingsworth Creek;

(ii) Kilchis River above Neilson Slough;

(iii) Wilson River above Hall Slough;

(iv) Trask River above its confluence with Tillamook River;

(v) Tillamook River above Fagan Creek.

(F) Netarts — Netarts Bay and its entire drainage;

(G) Nestucca:

(i) Nestucca system above Cannery Point;

(ii) Little Nestucca River above Meda bridge.

(H) Neskowin Creek in its entirety;

(I) Salmon River System and estuary;

(J) Siletz:

(i) Schooner Creek in its entirety;

(ii) Drift Creek in its entirety;

(iii) Siletz River above Skunk Creek.

(K) Yaquina River system above Babcock Creek;

(L) Alsea River system and estuary;

(M) Yachats River system and estuary;

(N) Big Creek (Lane County system);

(O) Siuslaw:

(i) Siuslaw system above Hadsall Creek;

(ii) North Fork Siuslaw River above Lindsley Creek.

(P) Siltcoos system;

(Q) Tahkenitch Creek system;

(R) Umpqua:

(i) Smith system above Noel Creek;

(ii) Umpqua system above Mill Creek.

(S) Tenmile Creek system (Tenmile Lakes);

(T) Coos:

(i) Coos system above the Millicoma (the Forks);

(ii) Millicoma system above South Coos (the Forks).

(U) Coquille:

(i) Ferry Creek in its entirety;

(ii) Coquille system above Beaver Slough.

(V) Floras Creek/New River system;

(W) Sixes River system and estuary;

(X) Elk River system and estuary;

(Y) Euchre Creek system and estuary;

(Z) Rogue River system and estuary;

(AA) Hunter Creek System and estuary;

(BB) Pistol River system and estuary;

(CC) Chetco River system and estuary;

(DD) Winchuck River system and estuary.

(b) Miscellaneous small streams as may be specified by the Department which enter the ocean through tourist facilities such as state parks and waysides or are contiguous to wild, scenic, or wilderness areas.

History

Statutory/Other Authority: ORS 508
Statutes/Other Implemented: ORS 508
FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90
FWC 1-1980, f. & ef. 1-7-80
FWC 66, f. 7-30-76, ef. 8-2-76, Renumbered from 625-030-0115

Or. Admin. R. 635-040-0022 Annual Production Program Review

This rule describes the requirement of an annual general plan for fish releases, and the criteria by which the Department shall review and approve or disapprove the plan. This rule also describes the requirement of an annual detailed salmon production program:

(1) An annual general plan for fish proposed to be release during the calendar year showing species, stock and numbers of each shall be submitted to the Department prior to collection of broodstock, or by July 20 of the preceding year, whichever is the earlier date. The Department shall review and approve or disapprove the plan in accordance with the criteria set forth in OAR 635-007-0810 et seq. In the event that the Department disapproves the plan, the Department and the permittee shall consult on changes to be made to the plan in order to satisfy the Department that the criteria have been met, based on consideration of the financial and technical capability of the permittee and on estimated biological impacts of such releases.

(2) A detailed salmon production program, including proposed fin marking and release size and time, shall be submitted to the Department in January of each year, to be applicable to that year. The Department shall review and approve or disapprove the program in accordance with the criteria set forth in OAR 635-007-0810 et seq. In the event that the Department disapproves the program, the Department and the permittee shall consult on changes to be made to the program in order to satisfy the Department that the criteria have been met.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90

Or. Admin. R. 635-040-0025 Changes in Operation or Ownership

This rule describes the requirements for notification and/or requests for approval for changes in operation or ownership of a private salmon hatchery. This rule provides that while all of the decisions shall normally be made in the first instance by the Department, a permittee may request review of the Department’s decision by the Commission and, in addition, the Commission may choose to consider a request for a change in the first instance:

(1) Permittees shall advise the Department in writing within two weeks of any change in address. In addition, in the event of a change in any of the following persons or entities the Department shall be notified in writing within two weeks and provided with names and addresses:

(a) Principals of the permittee, operating company, parent company or any other entity active in operations of the permittee under the permit;

(b) The individual(s) designated by the permittee as the contact person for the Department.

(2) The Department shall be promptly notified in writing of any change in the personnel listed in subsections (2)(a) through (d) of this rule. In addition, permittee shall provide to the Department information as to the credentials of such personnel:

(a) General manager, production manager, and/ or operations manager of the operating company;

(b) Technical fisheries consultant(s);

(d) Pathologist(s).

(3) The Department shall be notified in writing prior to any proposed change in operating methods and/or releases within the number specified in the permit and as shown in the annual production program. The Department shall approve or deny a request for a change based on the Department’s assessment of potential biological impacts.

(4)(a) The Department shall be notified of any proposed acquisition of a controlling interest in the hatchery and/or permit, regardless of method of acquisition. Such notification shall be provided in writing by the current permittee and confirmed in writing by the entity proposing to acquire a controlling interest in the operation of the private salmon hatchery;

(b) The Department shall be provided, at the time of such notification, with information sufficient in the judgment of the Department to enable the Department to assess:

(A) The financial and technical capability of the proposed new entity to successfully construct or operate the hatchery; and

(B) The biological impact and economic benefit to the State of Oregon of any proposed changes in operating methods.

(c) The Department shall also be provided with ten (10) copies of the proposed general production plan, including species and stocks; expected release size and times; and numbers to be produced;

(d) The Department shall approve or disapprove the proposed change in controlling interest based on the criteria set forth in subsection (b) of this section, and shall notify both the current permittee and the proposed new entity, in writing, of its decision. Such notification shall be made within 60 days from the date on which complete information as set forth in subsection (b) of this section is provided to the Department.

(5) Any permittee, or in the case of a proposed change in controlling interest, any proposed new entity, whose request for a change under sections (3) or (4) of this rule has been disapproved by the Department may petition the Commission for review of the decision. Such petition shall be in writing and shall set forth the reasons why the petitioner believes that the decision should be reviewed. The Commission shall, within 60 days of receipt of such petition, schedule the matter for the next regularly scheduled Commission meeting, and shall consider the request for a change under sections (3) or (4) of this rule de novo (as though it had not been heard before). The Commission shall hear the matter in a contested case proceeding.

(6) The Department and/or the Commission may determine that the Commission should consider a request for a change under sections (3) or (4) of this rule in the first instance. In that event, the matter shall be placed on the agenda of the next regularly scheduled Commission meeting at which time is available, and shall be heard in a proceeding other than a contested case. Both the permittee (and/or proposed new entity) and the public shall be invited to testify on the matter. The Commission shall advise the permittee of its decision, including any decision on whether to proceed with a contested case hearing on the matter, within 30 days after the meeting at which the matter is considered.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90
Reverted to FWC 25-1984, f. 6-21-84, ef. 7-1-84
FWC 90-1988(Temp), f. & cert. ef. 9-16-88
FWC 25-1984, f. 6-21-84, ef. 7-1-84
FWC 44-1981, f. & ef. 12-21-81
FWC 66, f. 7-30-76, ef. 8-2-76, Renumbered from 625-030-0120

Or. Admin. R. 635-040-0030 Alternation or Termination of Permits

This rule describes certain circumstances in which the Commission may alter or terminate a permit. This rule also describes the consequences of: failure to comply with statute, regulations, any term or condition of a permit; or any unauthorized change in operation; or the removal of facilities:

(1) If the Commission finds that a private hatchery operation is not in the best public interest, it shall alter the conditions of the permit to mitigate such adverse effects or may terminate the permit. Proceedings to cause such alteration or termination shall be conducted in accordance with ORS 183.310 to 183.550. In addition, if the Commission finds the operation has caused deterioration of the natural run of anadromous fish or any population of resident game fish in the waters covered by the permit, it may require the permittee to return the fish populations to the same condition that existed prior to issuance of the permit. If the permittee fails to take appropriate action, the Commission shall take such action and the permittee shall bear any cost incurred by the Commission.

(2) Failure to comply with statute, these regulations, or any term or condition of a permit; or making any unauthorized change in the operation; or removal of facilities shall be grounds for the Department to require changes in operating methods or for the Department to alter the terms of a permit or to terminate a permit. In the event that any such action becomes necessary, the Department shall so notify the permittee by registered or certified mail of its intent to require changes in operating methods or to alter or terminate the permit. Notification shall include the proposed action and the reasons for the proposed action. Such action shall become effective 30 days from the date of mailing such notice unless within that time the permittee request a hearing before the Commission. A request for a hearing shall be made in writing to the Director and shall state the grounds for the request. Any hearing held shall be in accordance with ORS Chapter 183.

(3) Abandonment of a permit shall be grounds for termination of a permit. A permittee shall be presumed to have voluntarily abandoned a permit where no fish releases have occurred at the private hatchery for a period of five years. In the event that termination based on abandonment becomes necessary, the Department shall notify the permittee by registered or certified mail of its intent to terminate the permit. Such termination shall become effective 30 days from the date of mailing such notice unless within that time the permittee requests a hearing before the Commission or the mailed notice is not accepted. In the latter situation, the Department shall cause notice to be published in a newspaper of general circulation in the location of the permitted site once a week for a period of four weeks, advising permittee of its intent to terminate the permit and of permittee’s right to request a hearing. Such termination shall, in that case, become effective at the close of the four-week publication period. A request for a hearing shall be made in writing to the Director and shall state the grounds for the request. Any hearing held shall be in accordance with ORS Chapter 183.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90
Reverted to FWC 44-1981, f. & ef. 12-21-81
FWC 90-1988(Temp), f. & cert. ef. 9-16-88
FWC 44-1981, f. & ef. 12-21-81
FWC 66, f. 7-30-76, ef. 8-2-76, Renumbered from 625-030-0125

Or. Admin. R. 635-040-0101 Marking Requirements and Stray Rates

(1) This rule applies to private salmon hatcheries that release coho or chinook salmon. The following terms are used in this rule:

(a) “Mark” means a removed fin and/or characteristic scale pattern; in some cases, a coded-wire tag imbedded in the fish in addition to a removed adipose fin; or some other less stressful method of marking approved by the Department for the purpose of identifying the origin of the fish;

(b) “Critical Stray Prevalence” means the percentage of the total number of naturally spawning fish that may originate from a private salmon hatchery.

(2) It is unlawful for any private salmon hatchery to release coho or chinook salmon that have been marked at a rate less than that required in Tables 1 through 3 of this rule.

(3) Each private salmon hatchery permittee shall submit to the Department for approval, a sampling plan for examining for marks those adult salmon returning to the locations listed in the private salmon hatchery’s respective table. Each sampling plan shall be designed such that if the prevalence of strays were to reach the critical level listed in Tables 1 through 3, then the plan would result in an expected recovery of at least three marked fish. The Department shall approve a sampling plan if, in its judgment, the plan would result in recovery of at least three marked fish if the number of strays reaches critical stray prevalence.

(4) Each private salmon hatchery permittee shall fund and implement its approved sampling plan in accordance with section (5) of this rule. The Department may require any permittee to execute a security agreement in accordance with ORS Chapter 79 covering agreed upon collateral, including fish and eggs, to fully cover estimated costs of such marking and sampling plan.

(5) The following requirements apply, by hatchery:

(a) Anadromous, Inc.:

(A) Beginning in 1993, if Anadromous, Inc., exceeds the critical stray prevalence listed in Table 1, lines A or C, in two years out of five, Anadromous, Inc., shall advance the latest date of broodstock selection and spawning to a date approved by the Department in order to achieve greater reproductive isolation between their spring chinook salmon and the local fall chinook salmon;

(B) Beginning in 1993, if Anadromous, Inc., exceeds the critical stray prevalence listed in Table 1, Lines B, D, or E, in two years out of five, Anadromous, Inc., shall reduce the number of spring chinook salmon released in the next subsequent brood year to a level determined by the Department to meet the critical stray prevalence, until such time as it is feasible, in the judgment of the Department, to achieve a reduction in straying rate through alteration of rearing or release practices;

(C) Beginning in 1990, if Anadromous, Inc., exceeds the critical stray prevalence listed in Table 1, lines F or G, in two years out of five, Anadromous, Inc., shall reduce the number of coho salmon released in the next subsequent brood year to a level determined by the Department to meet the critical stray prevalence, until such time as it is feasible, in the judgment of the Department, to achieve a reduction in straying rate through alteration of rearing or release practices.

(b) OreAqua, Inc.:

(A) Beginning in 1993, if OreAqua, Inc., exceeds the critical stray prevalence listed in Table 2, lines A or C, in two years out of five, OreAqua, Inc., shall advance the latest date of broodstock selection and spawning to a date approved by the Department in order to achieve grater reproductive isolation between their spring chinook salmon and the local fall chinook salmon;

(B) Beginning in 1993, if OreAqua, Inc., exceeds the critical stray prevalence listed in Table 2, Lines B, D, or E, in two years out of five, OreAqua, Inc., shall reduce the number of spring chinook salmon released in the next subsequent brood year to a level determined by the Department to meet the critical stray prevalence, until such time as it is feasible, in the judgment of the Department, to achieve a reduction in straying rate through alteration of rearing or release practices;

(C) Beginning in 1990, if OreAqua, Inc., exceeds the critical stray prevalence listed in Table 2, lines F or G, in two years out of five, OreAqua, Inc., shall reduce the number of coho salmon released in the next subsequent brood year to a level determined by the Department to meet the critical stray prevalence, until such time as it is feasible, in the judgment of the Department, to achieve a reduction in straying rate through alternation of rearing or release practices.

(c) Oregon Pacific Salmon Ranch, Inc.: Beginning in 1993, if Oregon Pacific Salmon Ranch, Inc., exceeds the critical stray prevalence listed in Table 3 in two years out of five, Oregon Pacific Salmon Ranch, Inc., shall reduce the number of spring chinook salmon released in the next subsequent brood year to a level determined by the Department to meet the critical stray prevalence, until such time as it is feasible, in the judgment of the Department, to achieve a reduction in straying rate through alteration of rearing or release practices.

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

History

Statutory/Other Authority: ORS 496, 498, 506 & 508
Statutes/Other Implemented: ORS 496, 498, 506 & 508
FWC 3-1991, f. & cert. ef. 1-18-91
FWC 124-1989, f. 12-19-89, cert. ef. 1-1-90

Or. Admin. R. 635-040-0107 Hatchery Operational Plans

(1) The hatchery operational plans listed in section (2) of this rule have been adopted by the Oregon Fish and Wildlife Commission on the dates specified and are incorporated here by reference. Copies are available from the office of the Oregon Department of Fish and Wildlife.

(2) The hatchery operational plans referenced in section (1) of this rule are for the following:

(a) Anadromous, Inc., adopted January 19, 1990, as amended on April 17, 1991, by the Commission;

(b) Oregon Pacific Salmon Ranch adopted September 19, 1990;

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 45-1991, f. 5-1-91, cert. ef. 5-6-91
FWC 29-1991, f. & cert. ef. 3-15-91
FWC 108-1990, f. & cert. ef. 10-1-90
FWC 7-1990, f. & cert. ef. 1-29-90

Or. Admin. R. 635-040-0200 Fish Production Facilities and Areas — Definitions

For the purpose of OAR 635, divisions 007 and 040:

(1) “Net Pens” means facilities constructed of floats and nets for the purpose of holding fish for propagation in open water areas of waterways.

(2) “Cage-Culture” means the use of enclosed containers suspended in the water column for the purpose of containing fish for propagation.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90

Or. Admin. R. 635-040-0202 Purpose

The purpose of these rules is to:

(1) Provide for the orderly development of fish production in suitable areas of waterways and in quantities acceptable for those areas.

(2) Recognize that limited suitability of Oregon’s small, shallow estuaries for extensive net pen culture or cage culture will prevent extensive production with net pens.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90

Or. Admin. R. 635-040-0205 Policy

It is the policy of the Oregon Fish and Wildlife Commission to provide for the development of fish production in net pens where such operations meet the standards set by the Department of Fish and Wildlife for fish propagation and fish transfer; by the Department of Environmental Quality for waste discharge; and by the Division of State Lands for siting and use of surface area and installation of facilities.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90

Or. Admin. R. 635-040-0210 Areas of Department Concern

The Department of Fish and Wildlife may comment on applications for net pen facilities to other state, county, and federal agencies. In determining whether to grant permits and in commenting on permit applications to other state, county, and federal agencies, the Department shall consider, but not be limited to:

(1) Protection of natural fish production in surrounding waters and nearby submerged areas.

(2) Continued availability of recreational areas of state waters for public use.

(3) Compatibility with state and local land use plans and documented in accordance with OAR 635-040-0009(4)(d).

(4) Control of fish introduction, fish health and general operations through the fish propagation license, fish transport permits and other applicable regulations.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90

Division 41 COLUMBIA RIVER SYSTEM TREATY INDIAN FISHERIES

Or. Admin. R. 635-041-0005 Applicability of Regulations

(1) The right to fish in accordance with OAR 635-041-0005 through 635-041-0085 is restricted to those individuals possessing Indian treaty fishing rights pursuant to the Yakima Treaty (12 Stat. 951), the Warm Springs Treaty (12 Stat. 963), the Umatilla Treaty (12 Stat. 945), or the Nez Perce Treaty (12 Stat. 957).

(2) The fishing activities authorized by the aforementioned treaties for the Columbia River and its tributaries above Bonneville Dam are hereinafter referred to as the Treaty Indian Fishery.

(3) Nothing in these regulations shall prevent any individual having Indian treaty fishing rights from participating equally with other citizens in any other commercial fishery in Oregon so long as such individual complies with the commercial fishing laws and rules of the Commission applicable to such fishery.

(4) The taking of fish from the Columbia River or its tributaries above Bonneville Dam for commercial purposes is prohibited except by the persons, during the times, with the fishing gear, and in the areas specified in OAR 635-041-0005 through 635-041-0085.

(5) It is unlawful for any individual to take fish pursuant to the authority of any of the aforementioned treaties and OAR 635-041-0005 through 635-041-0085 unless that person has in possession a valid identification card issued by the tribal registrar showing the person to be a duly enrolled member of the Nez Perce, Umatilla, Warm Springs, or Yakama tribes who can lawfully exercise treaty fishing rights. Upon request, such card shall be presented to any federal, state, or tribal officer.

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

History

Statutory/Other Authority: ORS 183.325 & 506.119
Statutes/Other Implemented: ORS 506.129 & 507.030
DFW 13-2017, f. 2-13-17, cert. ef. 2-21-17
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 40-2011(Temp), f. & cert. ef. 5-5-11 thru 10-31-11
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 43-2010(Temp), f. & cert. ef. 4-15-10 thru 10-11-10
DFW 142-2008, f. & cert. ef. 11-21-08
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
FWC 4-1984, f. & ef. 1-31-84
FWC 6-1982, f. & ef. 1-28-82
FWC 1-1981, f. & ef. 1-19-81
FWC 6-1980, f. & ef. 1-28-80
Reverted to FWC 2-1979, f. & ef. 1-25-79
FWC 13-1979(Temp), f. & ef. 3-30-79, Renumbered from 635-035-0005
FWC 2-1979, f. & ef. 1-25-79
FWC 7-1978, f. & ef. 2-21-78
FWC 2-1978, f. & ef. 1-31-78
FWC 89, f. & ef. 1-28-77

Or. Admin. R. 635-041-0010 Treaty Indian Fishery Definitions

In addition to the definitions provided in the commercial fishing laws and other rules of the Department, the following definitions shall apply to the Treaty Indian Fishery:

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

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

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

(4) "Fishway" means any structure or facility made to facilitate or provide passage for fish over a natural or artificial barrier or obstruction.

(5) "Subsistence fishing" means taking fish for Indians' personal use, including the sale or exchange with other treaty Indians, but not sale or trade with non-Indians.

History

Statutory/Other Authority: ORS 183.325 & 506.119
Statutes/Other Implemented: ORS 506.129 & 507.030
DFW 142-2008, f. & cert. ef. 11-21-08
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
FWC 4-1984, f. & ef. 1-31-84
FWC 6-1982, f. & ef. 1-28-82
FWC 1-1981, f. & ef. 1-19-81
FWC 6-1980, f. & ef. 1-28-80
FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0010
FWC 7-1978, f. & ef. 2-21-78
FWC 2-1978, f. & ef. 1-31-78
FWC 89, f. & ef. 1-28-77

Or. Admin. R. 635-041-0015 Subsistence Fishing Authorized

Subject to the closed area restrictions specified in OAR 635-041-0020, and to the gear restrictions specified in OAR 635-041-0025, subsistence fishing is permitted the year round in the main Columbia River and its Oregon tributaries above Bonneville Dam.

History

Statutory/Other Authority: ORS 183.325 & 506.119
Statutes/Other Implemented: ORS 506.129 & 507.030
DFW 40-2011(Temp), f. & cert. ef. 5-5-11 thru 10-31-11
DFW 43-2010(Temp), f. & cert. ef. 4-15-10 thru 10-11-10
FWC 47-1995(Temp), f. & cert. ef. 6-5-95
FWC 33-1995(Temp), f. & cert. ef. 4-28-95
FWC 27-1994(Temp), f. 5-12-94, cert. ef. 5-15-94
FWC 74-1987(Temp), f. & ef. 9-4-87
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
FWC 21-1984(Temp), f. & ef. 5-2-84
FWC 4-1984, f. & ef. 1-31-84
FWC 17-1983(Temp), f. & ef. 5-10-83
FWC 31-1982(Temp), f. & ef. 5-21-82
FWC 6-1982, f. & ef. 1-28-82
FWC 1-1981, f. & ef. 1-19-81
FWC 6-1980, f. & ef. 1-28-80
FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0015
FWC 7-1978, f. & ef. 2-21-78
FWC 2-1978, f. & ef. 1-31-78
FWC 89, f. & ef. 1-28-77

Or. Admin. R. 635-041-0020 Areas Closed to Subsistence Fishing

It is unlawful to engage in subsistence fishing at any time in:

(1) Those waters of the main stem Columbia River near Bonneville Dam westerly and downstream of a line from Light "4" on the Oregon shore, located approximately 200 yards upstream of the mouth of Eagle Creek, thence northerly to Light "5" located on Boat Rock in midriver, thence perpendicular to the thread of the river to a marker on the Washington shore.

(2) Those waters of the main stem Columbia River near The Dalles Dam easterly and upstream from a line at marker on Covington Point on the Oregon shore, thence in a westerly direction to a marker on the Washington shore beneath the Interstate Bridge to a point 200 feet above The Dalles Dam. Subsistence fishing for salmon and steelhead is allowed within this closed area except:

(a) Within 600 feet of fishway entrances,

(b) Within 600 feet of the mouth of Fifteenmile Creek from November 16 through June 15, and

(3) Those waters of the main stem Columbia River within a radius of one-quarter mile of the mouths of the Hood River, Deschutes River, Wind River, Little White Salmon River, Spring Creek, and Klickitat River.

(4) Those waters of the main stem Columbia River near John Day Dam from a line at marker on the Oregon shore located 600 feet below the fishway entrance, thence westerly to Light "2" located on the navigation lock wing wall, thence to a marker on the Washington shore easterly and upstream to 200 feet above John Day Dam.

(5) Those waters of the mainstem Columbia River near McNary Dam easterly and upstream from a line at marker on the Oregon shore located 600 feet below the fishway entrance, thence westerly to the end of the navigation lock wing wall, thence to a marker on the Washington shore.

(6) All fishways in Oregon tributary streams of the Columbia River within 100 feet above and below such fishways. This closure does not apply to the taking of lamprey eel so long as such taking does not interfere with the migration of salmon or steelhead through such fishways.

(7) Those waters of Eagle Creek from its mouth to 100 feet above the Department intake Dam.

(8) Those waters of Herman Creek from its mouth to 100 feet above the Department holding ponds.

History

Statutory/Other Authority: ORS 183.325 & 506.119
Statutes/Other Implemented: ORS 506.129 & 507.030
DFW 27-2026, temporary amend filed 04/07/2026, effective 04/16/2026 through 06/15/2026
DFW 27-2025, temporary amend filed 04/10/2025, effective 04/16/2025 through 06/15/2025
DFW 26-2024, temporary amend filed 04/12/2024, effective 04/16/2024 through 06/15/2024
DFW 36-2023, temporary amend filed 04/27/2023, effective 04/29/2023 through 10/17/2023
DFW 33-2022, temporary amend filed 04/06/2022, effective 04/07/2022 through 06/15/2022
DFW 54-2021, temporary amend filed 04/26/2021, effective 04/28/2021 through 06/15/2021
DFW 150-2012, f. 12-27-12, cert. ef. 1-1-13
Reverted to FWC 90-1989, f. & cert. ef. 9-6-89
DFW 113-2012(Temp), f. & cert. ef. 8-27-12 thru 12-12-12
DFW 65-2012(Temp), f. 6-14-12, cert. ef. 6-16-12 thru 11-15-12
Reverted to FWC 90-1989, f. & cert. ef. 9-6-89
DFW 40-2011(Temp), f. & cert. ef. 5-5-11 thru 10-31-11
Reverted to FWC 90-1989, f. & cert. ef. 9-6-89
DFW 43-2010(Temp), f. & cert. ef. 4-15-10 thru 10-11-10
FWC 90-1989, f. & cert. ef. 9-6-89
FWC 54-1989(Temp), f. & cert. ef. 8-7-89
FWC 10-1988, f. & cert. ef. 3-4-88
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
Reverted to FWC 4-1984, f. & ef. 1-31-84
FWC 4-1986(Temp), f. & ef. 1-28-86
FWC 4-1984, f. & ef. 1-31-84
FWC 6-1982, f. & ef. 1-28-82
Reverted to FWC 1-1991, f. & ef. 1-19-81
FWC 12-1981(Temp), f. & ef. 3-31-81
FWC 1-1991, f. & ef. 1-19-81
FWC 6-1980, f. & ef. 1-28-80
FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0020
FWC 7-1978, f. & ef. 2-21-78
FWC 2-1978, f. & ef. 1-31-78
FWC 133, f. & ef. 8-4-77
FWC 89, f. & ef. 1-28-77

Or. Admin. R. 635-041-0025 Subsistence Fishing Gear

(1) It is lawful at all times to take fish for subsistence purposes by dip net or bag net of a mesh size not exceeding five inches attached to a hoop 26 feet or less in circumference, or by spear, gaff, club, or fouling-hook. All such fishing gear must be tended at all times. The owner’s tribal affiliation and enrollment number must be either placed on the upper side of the hoop, or on a tag attached to the hoop, pole, or cable.

(2) It is lawful to use angling gear as defined by the Oregon Wildlife Laws and regulations of the Department.

(3) It is unlawful to use gill nets, set nets, hoop nets, setlines, or dip nets or bag nets of a mesh size exceeding five inches, or any other type of fishing gear not otherwise specifically authorized in section (1) of this rule, except during the times and in the areas where such gear is authorized for commercial fishing.

(a) For hoop nets, dip nets, and bag nets, the owner’s tribal affiliation and enrollment number must be either placed on the upper side of the hoop, or on a tag attached to the hoop, pole, or cable.

(b) For set nets, drift nets, or setlines, the owner’s tribal affiliation and enrollment number must be placed upon or adjacent to the end corks of set nets and drift nets, on the anchored ends of setlines and submerged nets, and on the anchor floats to which any of these gears are attached.

(4) Notwithstanding the provisions of this rule a treaty subsistence fishing season with gillnets for salmon may occur provided rules for ceremonial fishing and notice requirement (OAR 635-041-0040) are followed.

History

Statutory/Other Authority: ORS 183.325 & 506.119
Statutes/Other Implemented: ORS 506.129 & 507.030
DFW 13-2017, f. 2-13-17, cert. ef. 2-21-17
FWC 89, f. & ef. 1-28-77; FWC 133, f. & ef. 8-4-77; FWC 2-1978, f. & ef. 1-31-78; FWC 7-1978, f. & ef. 2-21-78; FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0025; FWC 6-1980, f. & ef. 1-28-80; FWC 1-1981, f. & ef. 1-19-81; FWC 6-1982, f. & ef. 1-28-82; FWC 4-1984, f. & ef. 1-31-84; FWC 79-1986(Temp), f. & ef. 12-22-86; FWC 2-1987, f. & ef. 1-23-87; FWC 10-1988, f. & cert. ef. 3-4-88; FWC 54-1989 (Temp), f. & cert. ef. 8-7-89; FWC 90-1989, f. & cert. ef. 9-6-89; DFW 43-2010(Temp), f. & cert. ef. 4-15-10 thru 10-11-10; Administrative correction, 10-26-10; DFW 40-2011(Temp), f. & cert. ef. 5-5-11 thru 10-31-11; Administrative correction, 11-18-11

Or. Admin. R. 635-041-0030 Subsistence Fishing Activities

(1) It is unlawful to utilize any fish taken by subsistence fishing for other than subsistence purposes as defined in OAR 635-041-0010 with the exception of shad which may be sold commercially, and with the exception of dipnet caught fish from main stem Columbia and Klickitat River subsistence areas taken during open commercial fishing seasons.

(2) Only white sturgeon with a fork length of 43-54 inches taken from between The Dalles and McNary dams and white sturgeon with a fork length of 38-54 inches taken from between the Bonneville Dam and The Dalles Dam may be retained for subsistence purposes.

(3) All sturgeon not of legal size shall be released to the water unharmed. Sturgeon not captured for legal harvest shall not be possessed on land. For purposes of this regulation, docks and boat ramps are not considered land.

History

Statutory/Other Authority: ORS 183.325 & 506.119
Statutes/Other Implemented: ORS 506.129 & 507.030
DFW 13-2017, f. 2-13-17, cert. ef. 2-21-17
Reverted to DFW 19-2009, f. & cert. ef. 2-26-09
DFW 116-2016(Temp), f. 9-14-16, cert. ef. 9-15-16 thru 12-31-16
DFW 19-2009, f. & cert. ef. 2-26-09
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 6-2005, f. & cert. ef. 2-14-05
DFW 3-2005(Temp), f. & cert. ef 1-20-05 thru 2-28-05
Reverted to FWC 10-1988, f. & cert. ef. 3-4-88
DFW 22-2003(Temp), f. & cert. ef. 3-25-03 thru 9-20-03
Reverted to FWC 10-1988, f. & cert. ef. 3-4-88
DFW 37-2000(Temp), f. 6-30-00, cert. ef. 7-1-00 thru 7-10-00
Reverted to FWC 10-1988, f. & cert. ef. 3-4-88
DFW 26-2000(Temp), f. 5-4-00, cert. ef. 5-6-00 thru 5-28-00
Reverted to FWC 10-1988, f. & cert. ef. 3-4-88
FWC 12-1997(Temp), f. 2-27-97, cert. ef. 3-1-97
FWC 10-1988, f. & cert. ef. 3-4-88
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
Reverted to FWC 4-1984, f. & ef. 1-31-84
FWC 4-1986(Temp), f. & ef. 1-28-86
FWC 4-1984, f. & ef. 1-31-84
FWC 6-1982, f. & ef. 1-28-82
FWC 1-1981, f. & ef. 1-19-81
FWC 6-1980, f. & ef. 1-28-80
FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0030
FWC 7-1978, f. & ef. 2-21-78
FWC 2-1978, f. & ef. 1-31-78
FWC 89, f. & ef. 1-28-77

Or. Admin. R. 635-041-0040 Ceremonial Fishing and Notice Requirement

(1) It is unlawful for any Indian or group of Indians to conduct ceremonial fishing on the Columbia River or in Oregon Columbia River tributaries outside an Indian reservation without first providing at least two working days advanced written notification to the Director or the Director’s designee.

(2) All notices must contain the following information:

(a) Name, place, and time of ceremony for which fish will be used;

(b) Name of individuals and helpers who will be fishing and transporting fish. Only these individuals will be allowed to fish on the occasion covered by the notice;

(d) Exact beginning and ending dates of ceremonial fishing;

(e) The type of gear to be used in ceremonial fishing;

(f) Estimated number of fish needed for ceremony;

(g) If fish are to be stored prior to a ceremony, the location of storage must be identified. If they are not to be stored, it must be so indicated;

(h) The signature of the designated tribal official certified to the Department in advance.

(3) It is unlawful to:

(a) Fish for ceremonial purposes with commercial fishing gear except in those areas where such fishing gear is authorized for commercial fishing;

(b) Engage in ceremonial fishing during any portion of a week within a commercial fishing season which is closed to commercial fishing;

(c) Sell or barter, offer for sale or barter, buy, or for a commercially licensed fish buyer or wholesale fish dealer to have in his possession fish taken for ceremonial purposes;

(d) Engage in ceremonial fishing unless done in compliance with all provisions contained in the advance notice to the states.

(4) Any individual engaged in ceremonial fishing must have in his possession a signed copy or duplicate copy of the written tribal notification to the Director that such fishing was to be conducted.

(5) Set nets and other commercial fishing gear shall be marked and identified at all times while fishing for ceremonial or other fishing purposes.

(6) A record of the numbers of fish taken for ceremonial purposes will be made available to the Department by the designated tribal official who authorized ceremonial fishing. The report must be sent promptly upon conclusion of each ceremonial fishing activity.

History

Statutory/Other Authority: ORS 183.325 & 506.119
Statutes/Other Implemented: ORS 506.129 & 507.030
DFW 142-2008, f. & cert. ef. 11-21-08
Reverted to FWC 10-1988, f. & cert. ef. 3-4-88
DFW 33-2003(Temp), f. 4-23-03, cert. ef. 4-24-03 thru 10-1-03
FWC 10-1988, f. & cert. ef. 3-4-88
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
Reverted to FWC 4-1984, f. & ef. 1-31-84
FWC 4-1986(Temp), f. & ef. 1-28-86
FWC 4-1984, f. & ef. 1-31-84
FWC 6-1982, f. & ef. 1-28-82
FWC 1-1981, f. & ef. 1-19-81
FWC 6-1980, f. & ef. 1-28-80
FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0040
FWC 7-1978, f. & ef. 2-21-78
FWC 2-1978, f. & ef. 1-31-78
FWC 89, f. & ef. 1-28-77

Or. Admin. R. 635-041-0045 Temporary rule language in effect until 10/31/2026. Closed Commercial Fishing Areas

Unless otherwise specified in this rule and OAR 635-041-0063, the following waters are closed to commercial fishing:

(1) All Oregon tributaries of the Columbia River.

(2) The Columbia River westerly and downstream of the Bridge of the Gods except:

(a) Effective 12:01 a.m. August 1 through 11:59 p.m. October 31, 2026, fisheries conducted by the Yakama, Warm Springs, Nez Perce, and Umatilla tribes downstream of Bonneville Dam (bank fishing only) under provisions of the agreements with the states of Oregon and Washington are open only during days and times open under tribal rules.

(A) Allowable sales include salmon (any species), steelhead, walleye, shad, yellow perch, bass, catfish, and carp. Sturgeon caught in the tribal fisheries downstream of Bonneville Dam may not be retained or sold. Fish may not be sold on USACE property downstream of Bonneville Dam but may be caught and transported off USACE property for sale.

(B) Gear is restricted to subsistence fishing gear which includes hoopnets, dipnets, spears, gaffs, clubs, fouling hooks, and rod and reel with hook-and-line.

(C) Fish species identified as allowable sales in 2(a)(A) above and landed during an open treaty commercial fishing period may be sold at any time.

(b) Platform and hook-and-line fisheries from the Bridge of the Gods downstream to the subsistence fishing deadline as described in OAR 635-041-0020(1) are open to commercial sales whenever sales are authorized for platform and hook-and-line fisheries in the remainder of Bonneville Pool.

(3) The Columbia River easterly and upstream of a line extending at a right angle across the thread of the river from a deadline marker one mile downstream of McNary Dam.

(4) The Columbia River between a line extending at a right angle across the thread of the river from a deadline marker at the west end of 3-Mile Rapids located approximately 1.8 miles below The Dalles Dam, upstream to a line from a deadline marker on the Oregon shore located approximately 3/4 mile above The Dalles Dam east fishway exit, thence at a right angle to the thread of the river to a point in midriver, thence downstream to Light "1" on the Washington shore; except that dip nets, bag nets, and hoop nets are permitted during commercial salmon and shad fishing seasons at the Lone Pine Indian fishing site located immediately above The Dalles Interstate Bridge.

(5) The Columbia River between a line extending at a right angle across the thread of the river from a deadline marker at Preachers Eddy light below the John Day Dam and a line approximately 4.3 miles upstream extending from a marker on the Oregon shore approximately one-half mile above the upper easterly bank of the mouth of the John Day River, Oregon, extending at a right angle across the thread of the river to a point in midriver, thence turning downstream to a marker located on the Washington shore approximately opposite the mouth of the John Day River.

(6) The Columbia River within areas at and adjacent to the mouths of the Deschutes River and the Umatilla River. The closed areas are along the Oregon side of the Columbia River and extend out to the midstream from a point one-half mile above the intersection of the upper bank of the tributary with the Columbia River to a point one mile downstream from the intersection of the lower bank of the tributary with the Columbia River. All such points are posted with deadline markers.

(7) The Columbia River within an area and adjacent to the mouth of the Big White Salmon River. The closed area is along the Washington side of the Columbia River and extends out to midstream at right angles to the thread of the Columbia River between a marker located 1/2 mile downstream from the west bank upstream to Light "35".

(8) The Columbia River within an area at and adjacent to the mouth of Drano Lake (Little White Salmon River). The closed area is along the Washington side of the Columbia River and extends out to midstream at right angles to the thread of the Columbia River between Light "27" upstream to a marker located approximately 1/2 mile upriver of the outlet of Drano Lake.

(9) The Columbia River within an area and adjacent to the mouth of the Wind River. The closed area is along the Washington side of the Columbia River and extends to midstream at right angles to the thread of the Columbia River between markers located 11/4 miles downstream from the west bank and 1/2 mile upstream from the east bank.

(10) The Columbia River within areas at and adjacent to the mouth of Hood River. The closed area is along the Oregon side of the Columbia River and extends to midstream at right angles to the thread of the Columbia River between markers located approximately 0.85 miles downriver from the west bank at end of the breakwall at the west end of the Port of Hood River and 1/2 mile upriver from the east bank.

(11) The Columbia River within a radius of 150 feet of the Spring Creek Hatchery fishway, except that during the period of August 25-September 20 inclusive the closed area is along the Washington side of the Columbia River and extends to midstream at right angles to the thread of the Columbia River between a marker located 11/2 miles downriver of the Spring Creek Hatchery fishway up to the downstream marker of the Big White Salmon sanctuary located approximately 1/2 mile upriver of the Spring Creek Hatchery fishway.

(12) Herman Creek upstream from a line between deadline markers near the mouth. One marker is located on the east bank piling and the other is located on the west bank to the north of the boat ramp.

(13) The Columbia River within an area and adjacent to the mouth of the Klickitat River. The closed area is along the Washington side of the Columbia River and extends to midstream at right angles to the thread of the Columbia River between the downstream margin of Lyle Landing downstream to a marker located near the railroad tunnel approximately 11/8 miles downstream from the west bank

(14) 24-hour quick reporting is required for Washington wholesale dealers for all areas as provided in WAC 220-352-315, except that all landings from treaty fisheries described above must be reported within 24 hours of completing the fish ticket. Oregon buyers are required to electronically submit fish receiving tickets pursuant to OAR 635-006-0210.

History

Statutory/Other Authority: ORS 183.325, ORS 506.109 & ORS 506.119
Statutes/Other Implemented: ORS 506.129 & ORS 507.030
DFW 76-2026, temporary amend filed 08/01/2026, effective 08/01/2026 through 10/31/2026
DFW 56-2026, temporary amend filed 06/15/2026, effective 06/16/2026 through 07/31/2026
DFW 44-2026, temporary amend filed 05/27/2026, effective 05/28/2026 through 06/15/2026
DFW 42-2026, temporary amend filed 05/19/2026, effective 05/19/2026 through 06/15/2026
DFW 39-2026, temporary amend filed 05/12/2026, effective 05/12/2026 through 06/15/2026
DFW 60-2025, temporary amend filed 07/31/2025, effective 08/01/2025 through 12/31/2025
DFW 41-2025, temporary amend filed 06/04/2025, effective 06/05/2025 through 07/31/2025
DFW 64-2024, temporary amend filed 08/01/2024, effective 08/01/2024 through 12/31/2024
DFW 42-2024, temporary amend filed 06/07/2024, effective 06/17/2024 through 07/31/2024
DFW 75-2023, temporary amend filed 08/01/2023, effective 08/01/2023 through 12/31/2023
DFW 67-2023, temporary amend filed 07/20/2023, effective 07/21/2023 through 07/31/2023
DFW 64-2023, temporary amend filed 07/07/2023, effective 07/08/2023 through 07/31/2023
DFW 51-2023, temporary amend filed 06/12/2023, effective 06/16/2023 through 07/31/2023
DFW 100-2022, temporary amend filed 07/28/2022, effective 08/01/2022 through 12/31/2022
DFW 59-2022, temporary amend filed 06/03/2022, effective 06/04/2022 through 07/31/2022
DFW 110-2021, temporary amend filed 07/29/2021, effective 08/01/2021 through 12/31/2021
DFW 69-2021, temporary amend filed 06/08/2021, effective 06/08/2021 through 07/31/2021
DFW 99-2020, temporary amend filed 08/01/2020, effective 08/01/2020 through 12/31/2020
DFW 66-2020, temporary amend filed 06/09/2020, effective 06/22/2020 through 07/31/2020
DFW 105-2019, temporary amend filed 07/31/2019, effective 08/01/2019 through 12/31/2019
DFW 75-2019, temporary amend filed 06/14/2019, effective 06/24/2019 through 07/31/2019
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
DFW 99-2018, temporary amend filed 07/26/2018, effective 08/01/2018 through 12/31/2018
DFW 65-2018, temporary amend filed 06/06/2018, effective 06/16/2018 through 07/31/2018
DFW 100-2017(Temp), f. 7-31-17, cert. ef. 8-1-17 thru 12-31-17
DFW 75-2017(Temp), f. & cert. ef. 6-15-17 thru 7-31-17
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 120-2016(Temp), f. 9-15-16, cert. ef. 9-16-16 thru 12-31-16
DFW 98-2016(Temp), f. 7-28-16, cert. ef. 8-1-16 thru 12-31-16
DFW 70-2016(Temp), f. 6-13-16, cert. ef. 6-16-16 thru 7-31-16
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 97-2015(Temp), f. 7-30-15, cert. ef. 8-1-15 thru 10-31-15
DFW 71-2015(Temp), f. 6-15-15, cert. ef. 6-16-15 thru 7-31-15
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 153-2014(Temp), f. 10-23-14, cert. ef. 10-31-14 thru 12-31-14
DFW 105-2014(Temp), f. 7-30-14, cert. ef. 8-1-14 thru 10-31-14
DFW 37-2014(Temp), f. & cert. ef. 5-6-14 thru 7-31-14
DFW 22-2014(Temp), f. 3-11-14, cert. ef. 3-12-14 thru 7-31-14
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 116-2013(Temp), f. 10-8-13, cert. ef. 10-9-13 thru 12-31-13
DFW 88-2013(Temp), f. 8-9-13, cert. ef. 8-12-13 thru 12-31-13
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 57-2013(Temp), f. 6-12-13, cert. ef. 6-16-13 thru 7-31-13
DFW 18-2013(Temp), f. 3-5-13, cert. ef. 3-6-13 thru 6-15-13
DFW 8-2013(Temp), f. 1-31-13, cert. ef. 2-1-13 thru 3-31-13
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 143-2012(Temp), f. 11-7-12, cert. ef. 11-8-12 thru 1-29-13
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 119-2012(Temp), f. 9-10-12, cert. ef. 9-11-12 thru 10-31-12
DFW 94-2012(Temp), f. & cert. ef. 7-27-12 thru 10-31-12
DFW 87-2012(Temp), f. 7-11-12, cert. ef. 7-12-12 thru 8-31-12
DFW 74-2012(Temp), f. 6-29-12, cert. ef. 7-1-12 thru 10-31-12
DFW 46-2012(Temp), f. 5-14-12, cert. ef. 5-15-12 thru 6-30-12
DFW 18-2012(Temp), f. 2-28-12, cert. ef. 2-29-12 thru 6-15-12
DFW 5-2012(Temp), f. 1-30-12, cert. ef. 2-1-12 thru 3-31-12
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 119-2011(Temp), f. 8-26-11, cert. ef. 8-29-11 thru 10-31-11
DFW 88-2011(Temp), f. 7-8-11, cert. ef. 7-10-11 thru 10-31-11
DFW 66-2011(Temp), f. 6-14-11, cert. ef. 6-16-11 thru 10-31-11
DFW 63-2011(Temp), f. 6-8-11, cert. ef. 6-9-11 thru 10-31-11
DFW 60-2011(Temp), f. 6-2-11, cert. ef. 6-6-11 thru 10-31-11
DFW 43-2011(Temp), f. & cert. ef. 5-10-11 thru 10-31-11
DFW 40-2011(Temp), f. & cert. ef. 5-5-11 thru 10-31-11
DFW 23-2011, f. & cert. ef. 3-21-11
DFW 142-2008, f. & cert. ef. 11-21-08
Reverted to FWC 90-1989, f. & cert. ef. 9-6-89
FWC 80-1990(Temp), f. 8-7-90, cert. ef. 8-8-90
FWC 90-1989, f. & cert. ef. 9-6-89
FWC 54-1989(Temp), f. & cert. ef. 8-7-89
FWC 10-1988, f. & cert. ef. 3-4-88
FWC 2-1987, f. & ef. 1-23-87
FWC 42-1986, f. & ef. 8-15-86
FWC 25-1986(Temp), f. & ef. 6-25-86
FWC 4-1986(Temp), f. & ef. 1-28-86
FWC 55-1985(Temp), f. & ef. 9-6-85
FWC 4-1984, f. & ef. 1-31-84
FWC 49-1983(Temp), f. & ef. 9-26-83
FWC 6-1982, f. & ef. 1-28-82
FWC 1-1981, f. & ef. 1-19-81
FWC 44-1980(Temp), f. & ef. 8-22-80
FWC 6-1980, f. & ef. 1-28-80
FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0045
FWC 7-1978, f. & ef. 2-21-78
FWC 2-1978, f. & ef. 1-31-78
Reverted to FWC 133, f. & ef. 8-4-77
FWC 149(Temp), f. & ef. 9-21-77 thru 1-18-78
FWC 133, f. & ef. 8-4-77
FWC 89, f. & ef. 1-28-77

Or. Admin. R. 635-041-0047 Commercial Fishing in Subsistence Areas

Salmon and steelhead taken with subsistence fishing gear from subsistence fishing areas of the main stem Columbia River during commercial fishing seasons shall be considered, as having been taken for commercial purposes.

History

Statutory/Other Authority: ORS 506 & 507
Statutes/Other Implemented: ORS 506 & 507
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
FWC 4-1984, f. & ef. 1-31-84
FWC 6-1982, f. & ef. 1-28-82
FWC 1-1981, f. & ef. 1-19-81
FWC 6-1980, f. & ef. 1-28-80
FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0047
FWC 7-1978, f. & ef. 2-21-78
FWC 2-1978, f. & ef. 1-31-78
FWC 133, f. & ef. 8-4-77

Or. Admin. R. 635-041-0050 Commercial Fishing Gear

It is unlawful to:

(1) Take fish for commercial purposes by any means other than set nets, gill nets, dip nets, bag nets, hoop nets, or any gear expressly authorized for subsistence fishing by OAR 635-041-0025.

(2) Fish a set net which is more than 400 feet in length or a drift gill net which is more than 800 feet in length.

(3) Fish more than one set net at any one location.

(4) Fish more than five set nets at any one time.

(5) Have spoiled fish in any fishing gear.

(6) All fishing gear that is actively fishing must be marked as shown below:

(a) For set nets, drift nets, or setlines, the owner’s tribal affiliation and enrollment number must be placed upon or adjacent to the end corks of set nets and drift nets, on the anchored ends of setlines and submerged nets, and on the anchor floats to which any of these gears are attached.

(b) For hoop nets, the owner’s tribal affiliation and enrollment number must be either placed on the upper side of the hoop or on a tag attached to the hoop, pole, or cable.

History

Statutory/Other Authority: ORS 183.325 & 506.119
Statutes/Other Implemented: ORS 506.129 & 507.030
DFW 13-2017, f. 2-13-17, cert. ef. 2-21-17
DFW 9-2008, f. & cert. ef. 2-11-08
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
Reverted to FWC 4-1984, f. & ef. 1-31-84
FWC 4-1986(Temp), f. & ef. 1-28-86
FWC 4-1984, f. & ef. 1-31-84
FWC 6-1982, f. & ef. 1-28-82
FWC 1-1981, f. & ef. 1-19-81
FWC 6-1980, f. & ef. 1-28-80
FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0050
FWC 7-1978, f. & ef. 2-21-78
FWC 2-1978, f. & ef. 1-31-78
FWC 89, f. & ef. 1-28-77

Or. Admin. R. 635-041-0053 Measurement of Net Mesh Size

The mesh size of any gill net or setnet is determined only after the meshes are wet from soaking in water not less than one hour. Three consecutive meshes are then placed under ten pounds of vertical tension and the measurement is taken from the inside of one vertical knot to the outside of the opposite vertical knot of the center mesh.

History

Statutory/Other Authority: ORS 506 & 507
Statutes/Other Implemented: ORS 506 & 507
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
FWC 4-1984, f. & ef. 1-31-84
FWC 6-1982, f. & ef. 1-28-82
FWC 13-1981, f. & ef. 4-3-81
FWC 1-1981, f. & ef. 1-19-81
FWC 6-1980, f. & ef. 1-28-80
FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0053
FWC 23-1978, f. & ef. 5-4-78

Or. Admin. R. 635-041-0055 Closed Season

It is unlawful to take any fish for commercial purposes from the Treaty Indian Fishery of the Columbia River except during the times, in the areas, with the gear, and for the species as provided in these rules.

History

Statutory/Other Authority: ORS 506 & 507
Statutes/Other Implemented: ORS 506 & 507
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
FWC 4-1984, f. & ef. 1-31-84
FWC 6-1982, f. & ef. 1-28-82
FWC 1-1981, f. & ef. 1-19-81
FWC 6-1980, f. & ef. 1-28-80
FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0055
FWC 7-1978, f. & ef. 2-21-78
FWC 2-1978, f. & ef. 1-31-78
FWC 89, f. & ef. 1-28-77

Or. Admin. R. 635-041-0060 Sturgeon Season

(1) Sturgeon may be taken for commercial purposes during commercial salmon, steelhead, sturgeon, or shad fishing seasons with the commercial fishing gear authorized for the taking of salmon, steelhead, sturgeon, or shad.

(2) Sturgeon must be delivered to wholesale fish dealers, canners, or fish buyers undressed (in the round).

(3) It is unlawful to:

(a) Take sturgeon from any setline with the intent of depriving the rightful owner of such sturgeon;

(b) Steal or otherwise molest or disturb any lawful fishing gear;

(c) Remove the head or tail of any sturgeon taken for commercial purposes prior to being received at the premises of a wholesale fish dealer or canner;

(d) Remove the head or tail of any sturgeon while in transit;

(e) Remove eggs from the body cavity of sturgeon until the fish is sold;

(f) Purchase from commercial fishers sturgeon eggs which have been removed from the body cavity prior to sale.

History

Statutory/Other Authority: ORS 496.118 & 506.119
Statutes/Other Implemented: ORS 506.129 & 507.030
DFW 142-2008, f. & cert. ef. 11-21-08
Reverted to FWC 15-1995, f. & cert. ef. 2-15-95
DFW 115-2003(Temp), f. 11-20-03, cert. ef. 12-1-03 thru 12-31-03
Reverted to FWC 15-1995, f. & cert. ef. 2-15-95
DFW 109-2001(Temp), f. 11-21-01, cert. ef. 11-23-01 thru 12-31-01
Reverted to FWC 15-1995, f. & cert. ef. 2-15-95
DFW 108-2001(Temp), f. & cert. ef. 11-14-01 thru 11-20-01
FWC 15-1995, f. & cert. ef. 2-15-95
FWC 9-1994, f. 2-14-94, cert. ef. 2-15-94
Reverted to FWC 48-1988, f. & cert. ef. 6-21-88
FWC 95-1988(Temp), f. 9-27-88, cert. ef. 9-28-88
FWC 48-1988, f. & cert. ef. 6-21-88
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
FWC 4-1984, f. & ef. 1-31-84
FWC 2-1983, f. 1-21-83, ef. 2-1-83
Reverted to FWC 6-1982, f. & ef. 1-28-82
FWC 20-1982(Temp), f. & ef. 3-25-82
FWC 6-1982, f. & ef. 1-28-82
FWC 1-1981, f. & ef. 1-19-81
FWC 6-1980, f. & ef. 1-28-80
FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0060
FWC 7-1978, f. & ef. 2-21-78
FWC 2-1978, f. & ef. 1-31-78
FWC 89, f. & ef. 1-28-77

Or. Admin. R. 635-041-0061 Sturgeon Size

(1) White sturgeon may be taken for commercial purposes by treaty Indian fishers during commercial fishing seasons in which sales of sturgeon are authorized.

(2) Sales are limited to white sturgeon with a fork length of 43-54 inches taken from between The Dalles and McNary dams and white sturgeon with a fork length of 38-54 inches taken from between the Bonneville Dam and The Dalles Dam.

(4) It is unlawful to mutilate or disfigure a sturgeon in any manner which extends or shortens its length to the legal limit, or to possess such sturgeon.

History

Statutory/Other Authority: ORS 506.119
Statutes/Other Implemented: ORS 506.129 & 507.030
DFW 13-2017, f. 2-13-17, cert. ef. 2-21-17
Reverted to DFW 19-2009, f. & cert. ef. 2-26-09
DFW 116-2016(Temp), f. 9-14-16, cert. ef. 9-15-16 thru 12-31-16
Reverted to DFW 19-2009, f. & cert. ef. 2-26-09
Temporary suspended by DFW 94-2014(Temp), f. & cert. ef. 7-14-14 thru 12-31-14
DFW 23-2014(Temp), f. 3-11-14, cert. ef. 3-12-14 thru 7-31-14
DFW 17-2014(Temp), f. 2-28-14, cert. ef. 3-1-14 thru 7-30-14
DFW 6-2014(Temp), f. 1-30-14, cert. ef. 2-1-14 thru 7-30-14
DFW 19-2009, f. & cert. ef. 2-26-09
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 6-2005, f. & cert. ef. 2-14-05
DFW 130-2004(Temp), f. 12-23-04, cert. ef. 1-1-05 thru 4-1-05
DFW 14-1998, f. & cert. ef. 3-3-98
Reverted to FWC 15-1995, f. & cert. ef. 2-15-95
DFW 8-1998(Temp), f. & cert. ef. 2-5-98 thru 2-28-98
Reverted to FWC 15-1995, f. & cert. ef. 2-15-95
FWC 12-1997(Temp), f. 2-27-97, cert. ef. 3-1-97
FWC 15-1995, f. & cert. ef. 2-15-95
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
FWC 2-1985, f. & ef. 1-30-85

Or. Admin. R. 635-041-0063 Sturgeon Setline Fishery

(1) White sturgeon may be taken by setline for commercial purposes from 12 Noon January 1 through 12 Noon January 31 in all of Zone 6.

(a) In The Dalles and John Day pools white sturgeon taken must be 43-54 inches in fork length.

(b) In the Bonneville Pool white sturgeon taken must be 38-54 inches in fork length.

(c) White sturgeon taken as described in subsections (1)(a) and (1)(b) of this rule may be sold or kept for subsistence use.

(2) Closed areas are set forth under OAR 635-041-0045.

(3) During the white sturgeon setline season it shall be unlawful to:

(a) Operate any fishing gear other than setlines except as provided in OAR 635-041-0060;

(b) Operate any setline having more than 100 hooks;

(4) The owner’s tribal affiliation and enrollment number must be placed on the anchored ends of setlines and to the anchor floats to which the setlines are attached.

(5) Notwithstanding OAR 635-041-0045(6)-(11), it is lawful during the open season to fish for white sturgeon by means of set lines in the Columbia River within areas at and adjacent to the mouths of rivers.

History

Statutory/Other Authority: ORS 183.325 & 506.119
Statutes/Other Implemented: ORS 506.129 & 507.030
DFW 20-2026, temporary amend filed 03/10/2026, effective 03/11/2026 through 08/28/2026
DFW 18-2026, temporary amend filed 03/02/2026, effective 03/02/2026 through 08/28/2026
DFW 15-2026, temporary amend filed 02/26/2026, effective 02/26/2026 through 02/28/2026
DFW 10-2026, temporary amend filed 02/11/2026, effective 02/12/2026 through 02/28/2026
DFW 9-2026, temporary amend filed 01/29/2026, effective 02/02/2026 through 02/28/2026
DFW 110-2025, temporary amend filed 12/30/2025, effective 01/01/2026 through 01/31/2026
DFW 17-2025, temporary amend filed 02/25/2025, effective 02/26/2025 through 04/30/2025
DFW 11-2025, temporary amend filed 02/10/2025, effective 02/11/2025 through 04/30/2025
DFW 8-2025, temporary amend filed 01/31/2025, effective 01/31/2025 through 04/30/2025
DFW 4-2025, temporary amend filed 01/10/2025, effective 01/10/2025 through 04/30/2025
DFW 17-2024, temporary amend filed 02/28/2024, effective 03/02/2024 through 04/30/2024
DFW 11-2024, temporary amend filed 02/09/2024, effective 02/09/2024 through 04/30/2024
DFW 17-2023, temporary amend filed 02/24/2023, effective 02/24/2023 through 04/30/2023
DFW 112-2019, temporary amend filed 08/08/2019, effective 08/08/2019 through 08/17/2019
DFW 103-2019, temporary amend filed 07/25/2019, effective 08/01/2019 through 08/17/2019
DFW 102-2019, temporary amend filed 07/25/2019, effective 07/26/2019 through 07/31/2019
DFW 159-2018, temporary amend filed 10/16/2018, effective 10/17/2018 through 12/31/2018
DFW 117-2018, temporary amend filed 08/16/2018, effective 08/19/2018 through 12/31/2018
DFW 116-2018, temporary amend filed 08/16/2018, effective 08/16/2018 through 08/18/2018
DFW 98-2018, temporary amend filed 07/26/2018, effective 07/27/2018 through 08/18/2018
DFW 62-2018, temporary amend filed 06/05/2018, effective 06/06/2018 through 06/15/2018
DFW 149-2017, temporary amend filed 12/07/2017, effective 12/11/2017 through 12/31/2017
DFW 100-2017(Temp), f. 7-31-17, cert. ef. 8-1-17 thru 12-31-17
DFW 13-2017, f. 2-13-17, cert. ef. 2-21-17
Reverted to DFW 19-2009, f. & cert. ef. 2-26-09
DFW 136-2016(Temp), f. 10-20-16, cert. ef. 10-24-16 thru 11-30-16
Reverted to DFW 19-2009, f. & cert. ef. 2-26-09
DFW 97-2016(Temp), f. 7-28-16, cert. ef. 8-1-16 thru 8-13-16
Reverted to DFW 19-2009, f. & cert. ef. 2-26-09
DFW 155-2015(Temp), f. 11-12-15, cert. ef. 11-13-15 thru 12-31-15
DFW 140-2015(Temp), f. 10-15-15, cert. ef. 10-19-15 thru 11-30-15
Reverted to DFW 19-2009, f. & cert. ef. 2-26-09
DFW 158-2014(Temp), f. & cert. ef. 11-25-14 thru 12-31-14
DFW 152-2014(Temp), f. & cert. ef. 10-23-14 thru 11-29-14
Reverted to DFW 19-2009, f. & cert. ef. 2-26-09
DFW 40-2013(Temp), f. 5-23-13, cert. ef. 5-24-13 thru 6-15-13
Reverted to DFW 19-2009, f. & cert. ef. 2-26-09
DFW 95-2012(Temp), f. 7-27-12, cert. ef. 7-30-12 thru 8-11-12
Reverted to DFW 19-2009, f. & cert. ef. 2-26-09
DFW 152-2011(Temp), f. 11-1-11, cert. ef. 11-2-11 thru 12-31-11
DFW 150-2011(Temp), f. 10-25-11, cert. ef. 10-26-11 thru 11-30-11
DFW 142-2011(Temp), f. 10-6-11, cert. ef. 10-8-11 thru 10-31-11
DFW 103-2011(Temp), f. 7-29-11, cert. ef. 8-1-11 thru 10-31-11
Reverted to DFW 19-2009, f. & cert. ef. 2-26-09
DFW 88-2009(Temp), f. 7-31-09, cert. ef. 8-1-09 thru 12-31-09
DFW 19-2009, f. & cert. ef. 2-26-09
DFW 142-2008, f. & cert. ef. 11-21-08
Reverted to DFW 9-2007, f. & cert. ef. 2-14-07
DFW 60-2007(Temp), f. 7-30-07, cert. ef. 8-1-07 thru 12-31-07
DFW 9-2007, f. & cert. ef. 2-14-07
DFW 131-2006(Temp), f. 12-20-06, cert. ef. 1-1-07 thru 6-29-07
DFW 69-2006(Temp), f. 7-28-06, cert. ef. 7-31-06 thru 12-31-06
Reverted to FWC 7-1993, f. & cert. ef. 2-1-93
DFW 120-2005(Temp), f. & cert. ef. 10-11-05 thru 12-31-05
Reverted to FWC 7-1993, f. & cert. ef. 2-1-93
DFW 104-2003(Temp), f. 10-10-03, cert. ef. 10-11-03 thru 12-31-03
DFW 67-2003(Temp), f. 7-18-03, cert. ef. 7-21-03 thru 12-31-03
DFW 58-2003(Temp), f. & cert. ef. 7-9-03 thru 12-31-03
DFW 49-2003(Temp), f. & cert. ef. 6-5-03 thru 9-1-03
Reverted to FWC 7-1993, f. & cert. ef. 2-1-93
DFW 121-2002(Temp), f. 10-24-02, cert. ef. 10-27-02 thru 12-31-02
DFW 104-2002(Temp), f. & cert. ef. 9-19-02 thru 12-31-02
Reverted to FWC 7-1993, f. & cert. ef. 2-1-93
DFW 51-2002(Temp), f. & cert. ef. 5-22-02 thru 9-1-02
Reverted to FWC 7-1993, f. & cert. ef. 2-1-93
DFW 114-2001(Temp), f. & cert. ef. 12-13-01 thru 12-31-01
DFW 94-2001(Temp), f. 9-26-01, cert. ef. 9-27-01 thru 12-31-01
DFW 65-2001(Temp), f. & cert. ef. 7-24-01 thru 12-31-01
DFW 43-2001(Temp), f. 5-23-01, cert. ef. 5-24-01 thru 11-20-01
Reverted to FWC 7-1993, f. & cert. ef. 2-1-93
DFW 66-2000(Temp), f. 9-29-00, cert. ef. 10-2-00 thru 12-31-00
Reverted to FWC 7-1993, f. & cert. ef. 2-1-93
DMV 43-2000(Temp), f. 8-7-00, cert. ef. 8-8-00 thru 8-20-00
Reverted to FWC 7-1993, f. & cert. ef. 2-1-93
DFW 31-2000(Temp), f. 6-9-00, cert. ef. 6-10-00 thru 7-31-00
DFW 14-2000(Temp), f. 3-17-00, cert. ef. 3-20-00 thru 7-31-00
Reverted to FWC 7-1993, f. & cert. ef. 2-1-93
DFW 79-1999(Temp), f. 10-8-99, cert. ef. 10-11-99 thru 12-31-99
Reverted to FWC 7-1993, f. & cert. ef. 2-1-93
DFW 41-1999(Temp), f. & cert. ef. 6-7-99 thru 7-31-99
DFW 28-1999(Temp), f. & cert. ef. 4-23-99 thru 7-31-99
DFW 22-1999(Temp), f. & cert. ef. 4-1-99 thru 4-23-99
Reverted to FWC 7-1993, f. & cert. ef. 2-1-93
DFW 57-1998(Temp), f. & cert. ef. 7-24-98 thru 12-31-98
DFW 50-1998(Temp), f. 6-25-98, cert. ef. 6-26-98 thru 7-24-98
DFW 23-1998(Temp), f. & cert. ef. 3-20-98 thru 6-30-98
Reverted to FWC 7-1993, f. & cert. ef. 2-1-93
FWC 40-1997(Temp), f. 6-20-97, cert. ef. 6-23-97
FWC 35-1997(Temp), f. & cert. ef. 6-13-97
FWC 23-1997(Temp), f. 4-4-97, cert. ef. 4-7-97
Reverted to FWC 7-1993, f. & cert. ef. 2-1-93
FWC 25-1996(Temp), f. 5-14-96, cert. ef. 5-15-96
FWC 15-1996(Temp), f. & cert. ef. 4-1-96
FWC 7-1993, f. & cert. ef. 2-1-93
FWC 107-1992(Temp), f. & cert. ef. 10-9-92
FWC 41-1992(Temp), f. 6-30-92, cert. ef. 7-1-92
FWC 13-1992(Temp), f. & cert. ef. 3-5-92
FWC 4-1992, f. 1-30-92, cert. ef. 2-1-92
Reverted to FWC 9-1991, f. & cert. ef. 1-31-91
FWC 37-1991(Temp), f. & cert. ef. 4-3-91
FWC 9-1991, f. & cert. ef. 1-31-91
Reverted to FWC 5-1989, f. 2-6-89, cert. ef. 2-7-89
FWC 54-1989(Temp), f. & cert. ef. 8-7-89
FWC 12-1989(Temp), f. & cert. ef. 3-21-89
FWC 5-1989, f. 2-6-89, cert. ef. 2-7-89
FWC 48-1988, f. & cert. ef. 6-21-88
FWC 10-1988, f. & cert. ef. 3-4-88
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
Reverted to FWC 2-1985, f. & ef. 1-30-85
FWC 4-1986(Temp), f. & ef. 1-28-86
FWC 2-1985, f. & ef. 1-30-85
FWC 4-1984, f. & ef. 1-31-84
Reverted to FWC 2-1983, f. 1-21-83, ef. 2-1-83
FWC 9-1983(Temp), f. & ef. 3-1-83
FWC 2-1983, f. 1-21-83, ef. 2-1-83
FWC 6-1982, f. & ef. 1-28-82
FWC 1-1981, f. & ef. 1-19-81
FWC 64-1980(Temp), f. & ef. 11-7-80
FWC 12-1980, f. & ef. 2-29-80
FWC 6-1980, f. & ef. 1-28-80
FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0063
FWC 7-1978, f. & ef. 2-21-78
FWC 2-1978, f. & ef. 1-31-78
FWC 89, f. & ef. 1-28-77

Or. Admin. R. 635-041-0064 Winter Platform and Hook and Line Season

(1) Subject to the closed area restrictions specified in OAR 635-041-0020 and to the gear restrictions specified in OAR 635-041-0025, the commercial sale of fish landed in the Zone 6 winter treaty Indian platform and hook and line fishery is allowed as follows:

(a) The fishery is open from 6 a.m. February 1 through 6 p.m. March 21, annually.

(b) Allowable gear includes hoop nets, dip nets, and rod and reel with hook and line.

(c) Allowable commercial sales include salmon (all species), steelhead, shad, yellow perch, bass, walleye, catfish, and carp.

(d) Sturgeon with a fork length of 43-54 inches in fork length in the Dalles and John Day pools and sturgeon with a fork length of 38-54 inches fork length in Bonneville Pool may be sold only if caught during open commercial gillnet periods for that pool, or may be kept for subsistence purposes.

(2) Fish landed during an open commercial period may be sold after the period concludes.

History

Statutory/Other Authority: ORS 183.325 & ORS 506.119
Statutes/Other Implemented: ORS 506.109, ORS 506.129 & ORS 507.030
DFW 8-2025, temporary amend filed 01/31/2025, effective 01/31/2025 through 04/30/2025
DFW 8-2022, temporary amend filed 01/31/2022, effective 02/01/2022 through 03/19/2022
DFW 18-2021, temporary amend filed 02/23/2021, effective 02/23/2021 through 03/19/2021
DFW 24-2020, temporary amend filed 03/05/2020, effective 03/05/2020 through 03/21/2020
DFW 31-2019, temporary amend filed 03/20/2019, effective 03/20/2019 through 03/23/2019
DFW 6-2019, adopt filed 01/23/2019, effective 01/23/2019

Or. Admin. R. 635-041-0065 Winter Season

(1) Salmon, steelhead, shad, white sturgeon, walleye and carp may be taken for commercial purposes from the Columbia River Treaty Indian Fishery, from 12 noon February 1 to 6:00 p.m. March 21.

(2) There are no mesh size restrictions.

(3) Closed areas as set forth in OAR 635-041-0045 remain in effect with the exception of Spring Creek Hatchery sanctuary.

(4) White sturgeon between 43-54 inches fork length in The Dalles and John Day pools and white sturgeon between 38-54 inches fork length in the Bonneville Pool may be sold or kept for subsistence use.

(5) Sale of platform and hook-and-line caught fish is allowed during open commercial fishing seasons.

History

Statutory/Other Authority: ORS 183.325, 506.109 & 506.119
Statutes/Other Implemented: ORS 506.129 & 507.030
DFW 13-2023, temporary amend filed 02/15/2023, effective 02/15/2023 through 03/16/2023
DFW 10-2023, temporary amend filed 02/10/2023, effective 02/11/2023 through 03/16/2023
DFW 5-2023, temporary amend filed 01/24/2023, effective 01/25/2023 through 03/16/2023
DFW 27-2022, temporary amend filed 03/11/2022, effective 03/12/2022 through 03/19/2022
DFW 14-2022, temporary amend filed 02/23/2022, effective 02/24/2022 through 03/19/2022
DFW 11-2022, temporary amend filed 02/15/2022, effective 02/16/2022 through 03/19/2022
DFW 10-2022, temporary amend filed 02/09/2022, effective 02/10/2022 through 03/19/2022
DFW 8-2022, temporary amend filed 01/31/2022, effective 02/01/2022 through 03/19/2022
DFW 19-2021, temporary amend filed 02/23/2021, effective 02/24/2021 through 03/05/2021
DFW 11-2021, temporary amend filed 02/11/2021, effective 02/12/2021 through 02/15/2021
DFW 6-2021, temporary amend filed 02/03/2021, effective 02/03/2021 through 02/06/2021
DFW 5-2021, temporary amend filed 01/29/2021, effective 02/01/2021 through 02/06/2021
DFW 21-2020, temporary amend filed 03/04/2020, effective 03/05/2020 through 03/07/2020
DFW 19-2020, temporary amend filed 02/26/2020, effective 02/27/2020 through 03/07/2020
DFW 17-2020, temporary amend filed 02/19/2020, effective 02/20/2020 through 02/24/2020
DFW 12-2020, temporary amend filed 02/11/2020, effective 02/12/2020 through 02/17/2020
DFW 10-2020, temporary amend filed 01/30/2020, effective 02/01/2020 through 02/08/2020
DFW 30-2019, temporary amend filed 03/20/2019, effective 03/20/2019 through 07/29/2019
DFW 28-2019, temporary amend filed 03/12/2019, effective 03/12/2019 through 07/29/2019
DFW 24-2019, temporary amend filed 02/28/2019, effective 03/01/2019 through 07/29/2019
DFW 22-2019, temporary amend filed 02/19/2019, effective 02/20/2019 through 07/29/2019
DFW 17-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 07/29/2019
DFW 11-2019, temporary amend filed 01/31/2019, effective 02/01/2019 through 07/29/2019
DFW 29-2018, temporary amend filed 03/13/2018, effective 03/15/2018 through 03/31/2018
DFW 25-2018, temporary amend filed 02/21/2018, effective 02/22/2018 through 03/31/2018
DFW 21-2018, temporary amend filed 02/14/2018, effective 02/14/2018 through 03/31/2018
DFW 9-2018, temporary amend filed 01/31/2018, effective 02/01/2018 through 03/31/2018
DFW 23-2017(Temp), f. 3-14-17, cert. ef. 3-17-17 thru 3-31-17
FWC 89, f. & ef. 1-28-77; FWC 2-1978, f. & ef. 1-31-78; FWC 7-1978, f. & ef. 2-21-78; FWC 2-1979, f. & ef. 1-25-79; FWC 13-1979(Temp), f. & ef. 3-30-1979, Renumbered from 635-035-0065; FWC 6-1980, f. & ef. 1-28-80; FWC 1-1981, f. & ef. 1-19-81; FWC 6-1982, f. & ef. 1-28-82; FWC 2-1983, f. 1-21-83, ef. 2-1-83; FWC 4-1984, f. & ef. 1-31-84; FWC 2-1985, f. & ef. l-30-85; FWC 4-1986(Temp), f. & ef. 1-28-86; FWC 79-1986(Temp), f. & ef. 12-22-86; FWC 2-1987, f. & ef. 1-23-87; FWC 3-1988(Temp), f. & cert. ef. 1-29-88; FWC 10-1988, f. & cert. ef. 3-4-88; FWC 5-1989, f. 2-6-89, cert. ef. 2-7-89; FWC 13-1989(Temp), f. & cert. ef. 3-21-89; FWC 15-1990(Temp), f. 2-8-90, cert. ef. 2-9-90; FWC 20-1990, f. 3-6-90, cert. ef. 3-15-90; FWC 13-1992(Temp), f. & cert. ef. 3-5-92; FWC 7-1993, f. & cert. ef. 2-1-93; FWC 12-1993(Temp), f. & cert. ef. 2-22-93; FWC 18-1993(Temp), f. & cert. ef. 3-2-93; FWC 7-1994, f. & cert. ef. 2-1-94; FWC 11-1994(Temp), f. & cert. ef. 2-28-94; FWC 9-1995, f. & cert. ef. 2-1-95; FWC 19-1995(Temp), f. & cert. ef. 3-3-95; FWC 5-1996, f. & cert. ef. 2-7-96; FWC 4-1997, f. & cert. ef. 1-30-97; DFW 8-1998(Temp), f. & cert. ef. 2-5-98 thru 2-28-98; DFW 14-1998, f. & cert. ef. 3-3-98; DFW 20-1998(Temp), f. & cert. ef. 3-13-98 thru 3-20-98; DFW 23-1998(Temp), f. & cert. ef. 3-20-98 thru 6-30-98; DFW 2-1999(Temp), f. & cert. ef. 2-1-99 through 2-19-99; DFW 9-1999, f. & cert. ef. 2-26-99; DFW 14-1999(Temp), f. 3-5-99, cert. ef. 3-6-99 thru 3-20-99; Administrative correction, 11-17-99; DFW 6-2000(Temp), f. & cert. ef. 2-1-00 thru 2-29-00; DFW 9-2000, f. & cert. ef. 2-25-00; DFW 19-2000, f. 3-18-00, cert. ef. 3-18-00 thru 3-21-00; DFW 26-2000(Temp), f. 5-4-00, cert. ef. 5-6-00 thru 5-28-00; Administrative correction, 5-22-00; DFW 3-2001, f. & cert. ef. 2-6-01; DFW 14-2001(Temp), f. 3-12-01, cert. ef. 3-14-01 thru 3-21-01; Administrative correction, 6-20-01; DFW 9-2002, f. & cert. ef. 2-1-02; DFW 11-2002(Temp), f. & cert. ef. 2-8-02 thru 8-7-02; DFW 17-2002(Temp), f. 3-7-02, cert. ef. 3-8-02 thru 9-1-02; DFW 18-2002(Temp), f. 3-13-02, cert. ef. 3-15-02 thru 9-11-02; DFW 134-2002(Temp), f. & cert. ef. 12-19-02 thru 4-1-03; DFW 20-2003(Temp), f. 3-12-03, cert. ef. 3-13-03 thru 4-1-03; DFW 131-2003(Temp), f. 12-26-03, cert. ef. 1-1-04 thru 4-1-04; DFW 5-2004(Temp), f. 1-26-04, cert. ef. 2-2-04 thru 4-1-04; DFW 15-2004(Temp), f. 3-8-04, cert. ef. 3-10-04 thru 4-1-04; DFW 130-2004(Temp), f. 12-23-04, cert. ef. 1-1-05 thru 4-1-05; DFW 4-2005(Temp), f. & cert. ef 1-31-05 thru 4-1-05; DFW 18-2005(Temp), f. & cert. ef. 3-15-05 thru 3-21-05; Administrative correction, 4-20-05; DFW 3-2006(Temp), f. & cert. ef. 1-27-06 thru 3-31-06; Administrative correction, 4-19-06; DFW 7-2007(Temp), f. 1-31-07, cert. ef. 2-1-07 thru 7-30-07; DFW 9-2007, f. & cert. ef. 2-14-07; DFW 14-2007(Temp), f. & cert. ef. 3-9-07 thru 9-4-07; DFW 15-2007(Temp), f. & cert. ef. 3-14-07 thru 9-9-07; Administrative correction, 9-16-07; DFW 6-2008(Temp), f. 1-29-08, cert. ef. 1-31-08 thru 7-28-08; DFW 20-2008(Temp), f. 2-28-08, cert. ef. 2-29-08 thru 7-28-08; DFW 21-2008(Temp), f. & cert. ef. 3-5-08 thru 7-28-08; DFW 22-2008(Temp), f. 3-7-08, cert. ef. 3-10-08 thru 7-28-08; Administrative correction, 8-21-08; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 6-2009(Temp), f. 1-30-09, cert. ef. 2-2-09 thru 8-1-09; DFW 11-2009(Temp), f. 2-13-09, cert. ef. 2-16-09 thru 7-31-09; DFW 22-2009(Temp), f. 3-5-09, cert. ef. 3-6-09 thru 7-31-09; Administrative correction, 8-21-09; DFW 9-2010(Temp), f. & cert. ef. 2-3-10 thru 8-1-10; DFW 12-2010(Temp), f. 2-10-10, cert. ef. 2-11-10 thru 8-1-10; DFW 18-2010(Temp), f. 2-24-10, cert. ef. 2-26-10 thru 4-1-10; DFW 24-2010(Temp), f. 3-2-10, cert. ef. 3-3-10 thru 4-1-10; Administrative correction, 4-21-10; DFW 8-2011(Temp), f. 1-31-11, cert. ef. 2-1-11 thru 4-1-11; DFW 9-2011(Temp), f. 2-9-11, cert. ef. 2-10-11 thru 4-1-11; DFW 23-2011, f. & cert. ef. 3-21-11; DFW 5-2012(Temp), f. 1-30-12, cert. ef. 2-1-12 thru 3-31-12; DFW 18-2012(Temp), f. 2-28-12, cert. ef. 2-29-12 thru 6-15-12; DFW 19-2012(Temp), f. 3-2-12, cert. ef. 3-5-12 thru 6-15-12; DFW 20-2012(Temp), f. & cert. ef. 3-5-12 thru 6-15-12; DFW 46-2012(Temp), f. 5-14-12, cert. ef. 5-15-12 thru 6-30-12; Administrative correction, 8-1-12; DFW 9-2013(Temp), f. 1-31-13, cert. ef. 2-1-13 thru 3-31-13; DFW 15-2013(Temp), f. 2-22-13, cert. ef. 2-27-13 thru 6-15-13; DFW 18-2013(Temp), f. 3-5-13, cert. ef. 3-6-13 thru 6-15-13; DFW 35-2013(Temp), f. & cert. ef. 5-21-13 thru 6-30-13; DFW 48-2013(Temp), f. 6-7-13, cert. ef. 6-8-13 thru 7-31-13; Administrative correction, 8-21-13; DFW 6-2014(Temp), f. 1-30-14, cert. ef. 2-1-14 thru 7-30-14; DFW 15-2014(Temp), f. 2-25-14, cert. ef. 2-26-14 thru 7-30-14; DFW 17-2014(Temp), f. 2-28-14, cert. ef. 3-1-14 thru 7-30-14; DFW 23-2014(Temp), f. 3-11-14, cert. ef. 3-12-14 thru 7-31-14; DFW 37-2014(Temp), f. & cert. ef. 5-6-14 thru 7-31-14; DFW 46-2014(Temp), f. 5-19-14, cert. ef. 5-20-14 thru 7-31-14; DFW 48-2014(Temp), f. 5-27-14, cert. ef. 5-28-14 thru 7-31-13; DFW 54-2014(Temp), f. 6-2-14, cert. ef. 6-3-14 thru 7-31-14; DFW 59-2014(Temp), f. 6-9-14, cert. ef. 6-10-14 thru 7-31-14; Administrative correction, 8-28-14; DFW 9-2015(Temp), f. 1-29-15, cert. ef. 2-2-15 thru 3-31-15; DFW 13-2015(Temp), f. 2-19-15, cert. ef. 2-20-15 thru 3-31-15; DFW 19-2015(Temp), f. 3-11-15, cert. ef. 3-12-15 thru 3-31-15; Administrative correction, 4-21-15; DFW 38-2015(Temp), f. & cert. ef. 5-5-15 thru 7-31-15; DFW 46-2015(Temp), f. 5-18-15, cert. ef. 5-19-15 thru 7-31-15; DFW 48-2015(Temp), f. 5-26-15, cert. ef. 5-27-15 thru 7-31-15; DFW 55-2015(Temp), f. & cert. ef. 6-2-15 thru 7-31-15; DFW 60-2015(Temp), f. 6-8-15, cert. ef. 6-9-15 thru 7-31-15; DFW 67-2015(Temp), f. 6-10-15, cert. ef. 6-11-15 thru 7-31-15; Administrative correction, 8-18-15; DFW 6-2016(Temp), f. 1-28-16, cert. ef. 2-1-16 thru 3-31-16; DFW 10-2016(Temp), f. 2-11-16, cert. ef. 2-12-16 thru 3-31-16; DFW 11-2016(Temp), f. 2-18-16, cert. ef. 2-19-16 thru 3-31-16; DFW 15-2016(Temp), f. 2-25-16, cert. ef. 2-26-16 thru 3-31-16; DFW 16-2016(Temp), f. 3-3-16, cert. ef. 3-5-16 thru 3-31-16; Administrative correction, 4-29-16; DFW 50-2016(Temp), f. 5-12-16, cert. ef. 5-16-16 thru 7-31-16; DFW 55-2016(Temp), f. 5-24-16, cert. ef. 5-25-16 thru 7-31-16; DFW 65-2016(Temp), f. & cert. ef. 6-6-16 thru 7-31-16; Administrative correction, 8-29-16; DFW 5-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 3-31-17; DFW 10-2017(Temp), f. & cert. ef. 2-7-17 thru 3-31-17; DFW 16-2017(Temp), f. & cert. ef. 2-15-17 thru 3-31-17; DFW 19-2017(Temp), f. & cert. ef. 3-1-17 thru 3-31-17

Or. Admin. R. 635-041-0070 Walleye Taken Incidentally to Commercial Season

(1) Walleye taken by net during any authorized commercial fishing season may be sold in accordance with OAR 635-006-0225.

(2) Notwithstanding OAR 635-011-0100, walleye may be retained for personal use.

History

Statutory/Other Authority: ORS 496, 506 & 507
Statutes/Other Implemented: ORS 496, 506 & 507
FWC 5-1989, f. 2-6-89, cert. ef. 2-7-89
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & cert. ef. 12-22-86
FWC 4-1984, f. & cert. ef. 1-31-84
FWC 6-1982, f. & cert. ef. 1-28-82
FWC 1-1981, f. & cert. ef. 1-19-81
FWC 29-1980, f. & cert. ef. 6-23-80
FWC 5-1980(Temp), f. & cert. ef. 1-28-80

Or. Admin. R. 635-041-0072 Temporary rule language in effect until 12/31/2026. Carp, Shad and Other Nongame Fish

It is unlawful to fish for or possess carp and other nongame fish from the Columbia River for commercial purposes except:

(1) As authorized by ORS 508.106 (Permit to take carp or other foodfish).

(2) During open commercial fishing periods with gear authorized for those open commercial fishing periods.

(3) During a research commercial fishery using gillnets and occurring in backwater areas of the John Day Pool as described below:

(a) Participants are those individuals lawfully permitted by one of the Columbia River treaty tribes to participate in this fihery.

(b) This fishery is open from 6:00 AM July 24 through 6:00 PM August 15, 2026 (22.5 days).

(A) Railroad Island Slough (45.72504, -120.69580) only the slough side waters up from the railroad tracks,

(B) Paterson Slough (45.70664, -120.46430) only the slough side to the north of Highway 14,

(D) Jones Canyon Slough (45.71576, -121.24522) only the slough south of the railroad tracks,

(E) Willow Creek Slough (45.79306, -120.01470) only waters south of the eastbound lanes of I-84,

(F) Alderdale Slough (45.83741, -119.92876) only waters north of Highway 14, and;

(G) Paterson Slough (45.92950, -119.55259) waters inside the mouth of the slough, across from Irrigon and Umatilla fish hatcheries.

(d) Allowable sales are yellow perch, bass, walleye, catfish, carp, northern pikeminnow and suckers which may be sold or retained for other purposes. These species may be sold after the permit fishing period concludes. All other species including salmon, steelhead and sturgeon must be released. If any northern pike are handled, they must be killed and provided to tribal or state fishery programs.

History

Statutory/Other Authority: ORS 183.325 & 506.119
Statutes/Other Implemented: ORS 506.129 & 507.030
DFW 69-2026, temporary amend filed 07/23/2026, effective 07/24/2026 through 12/31/2026
DFW 11-2026, temporary amend filed 02/11/2026, effective 02/13/2026 through 03/31/2026
DFW 103-2025, temporary amend filed 10/23/2025, effective 10/27/2025 through 12/31/2025
DFW 56-2025, temporary amend filed 07/17/2025, effective 07/21/2025 through 09/07/2025
DFW 37-2025, temporary amend filed 05/21/2025, effective 05/22/2025 through 09/07/2025
DFW 20-2025, temporary amend filed 03/12/2025, effective 03/13/2025 through 09/07/2025
Reverted to DFW 9-1999, f. & cert. ef. 2-26-99
DFW 87-2012(Temp), f. 7-11-12, cert. ef. 7-12-12 thru 8-31-12
DFW 68-2012(Temp), f. 6-20-12, cert. ef. 6-21-12 thru 7-31-12
Reverted to DFW 9-1999, f. & cert. ef. 2-26-99
DFW 40-2007(Temp), f. 6-5-07, cert. ef. 6-6-07 thru 12-2-07
DFW 9-1999, f. & cert. ef. 2-26-99
DFW 2-1999(Temp), f. & cert. ef. 2-1-99 thru 2-19-99

Or. Admin. R. 635-041-0075 Temporary rule language in effect until 12/31/2026. Fall Salmon Season

(1) Salmon (all species), steelhead, shad, yellow perch, bass, catfish, carp, and walleye may be sold commercially or retained for subsistence purposes from the Zone 6 area of the mainstem Columbia River as follows:

(a) Effective 12:01 a.m. August 1 through 6:00 p.m. December 31, in the platform and hook-and-line fishery with gear restricted to hoop nets/bag nets, dip nets, and rod and reel with hook and line.

(b) The treaty Indian Columbia River gillnet fishery in Zone 6 is open as follows:

(A) Gear is restricted to set and drift gillnets with an 8-inch minimum mesh size.

(B) Standard sanctuaries applicable to gillnet gear are in effect including the Spring Creek Hatchery sanctuary as described in OAR 635-041-0045(11).

(i) 6:00 am August 17 through 6:00 pm August 20;

(ii) 6:00 am August 24 through 6:00 pm August 29;

(iii) 6:00 am August 31 through 6:00 pm September 5;

(iv) 6:00 am September 7 through 6:00 pm September 11; and

(v) 6:00 am September 14 through 6:00 pm September 18.

(c) Sturgeon may not be sold. Sturgeon from 38 to 54 inches fork length in the Bonneville Pool and sturgeon from 43 to 54 inches fork length in The Dalles and John Day pools may be kept for subsistence purposes.

(2) Effective 12:01 a.m. August 1 to 6:00 p.m. December 31, commercial sales of fish caught by enrolled Yakama Nation members in Yakama Nation tributary fisheries are open during those days and hours when these tributaries are open under lawfully-enacted Yakama Nation subsistence fishery regulations as follows:

(a) The Yakama Nation tributary fisheries include the Klickitat River, Wind River, and Drano Lake.

(b) Allowable sales include salmon (all species), steelhead, walleye, shad, catfish, carp, bass, and yellow perch.

(d) Gear is restricted to subsistence fishing gear which includes hoop nets, bag nets, dip nets, and rod and reel with hook-and-line.

(3) Fish caught during any open period may be sold after the period concludes as long as the fish were landed during the open period.

History

Statutory/Other Authority: ORS 496.118 & ORS 506.119
Statutes/Other Implemented: ORS 506.109, ORS 506.129 & ORS 507.030
DFW 92-2026, temporary amend filed 09/03/2026, effective 09/07/2026 through 12/31/2026
DFW 80-2026, temporary amend filed 08/06/2026, effective 08/17/2026 through 12/31/2026
DFW 70-2026, temporary amend filed 07/27/2026, effective 08/01/2026 through 12/31/2026
DFW 102-2025, temporary amend filed 10/21/2025, effective 10/22/2025 through 12/31/2025
DFW 94-2025, temporary amend filed 10/02/2025, effective 10/06/2025 through 12/31/2025
DFW 92-2025, temporary amend filed 09/24/2025, effective 09/29/2025 through 12/31/2025
DFW 89-2025, temporary amend filed 09/17/2025, effective 09/22/2025 through 12/31/2025
DFW 80-2025, temporary amend filed 09/05/2025, effective 09/08/2025 through 12/31/2025
DFW 68-2025, temporary amend filed 08/13/2025, effective 08/18/2025 through 12/31/2025
DFW 60-2025, temporary amend filed 07/31/2025, effective 08/01/2025 through 12/31/2025
DFW 94-2024, temporary amend filed 10/11/2024, effective 10/14/2024 through 12/31/2024
DFW 88-2024, temporary amend filed 09/26/2024, effective 09/30/2024 through 12/31/2024
DFW 81-2024, temporary amend filed 09/18/2024, effective 09/23/2024 through 12/31/2024
DFW 75-2024, temporary amend filed 09/11/2024, effective 09/12/2024 through 12/31/2024
DFW 74-2024, temporary amend filed 09/06/2024, effective 09/09/2024 through 12/31/2024
DFW 69-2024, temporary amend filed 08/15/2024, effective 08/19/2024 through 12/31/2024
DFW 64-2024, temporary amend filed 08/01/2024, effective 08/01/2024 through 12/31/2024
DFW 100-2023, temporary amend filed 09/21/2023, effective 09/21/2023 through 12/31/2023
DFW 91-2023, temporary amend filed 09/08/2023, effective 09/11/2023 through 12/31/2023
DFW 88-2023, temporary amend filed 08/31/2023, effective 08/31/2023 through 12/31/2023
DFW 83-2023, temporary amend filed 08/18/2023, effective 08/18/2023 through 12/31/2023
DFW 75-2023, temporary amend filed 08/01/2023, effective 08/01/2023 through 12/31/2023
DFW 67-2023, temporary amend filed 07/20/2023, effective 07/21/2023 through 07/31/2023
DFW 134-2022, temporary amend filed 09/29/2022, effective 10/03/2022 through 12/31/2022
DFW 131-2022, temporary amend filed 09/22/2022, effective 09/22/2022 through 12/31/2022
DFW 124-2022, temporary amend filed 09/14/2022, effective 09/19/2022 through 12/31/2022
DFW 121-2022, temporary amend filed 09/09/2022, effective 09/12/2022 through 12/31/2022
DFW 108-2022, temporary amend filed 08/19/2022, effective 08/22/2022 through 12/31/2022
DFW 100-2022, temporary amend filed 07/28/2022, effective 08/01/2022 through 12/31/2022
DFW 158-2021, temporary amend filed 10/01/2021, effective 10/04/2021 through 12/31/2021
DFW 151-2021, temporary amend filed 09/23/2021, effective 09/27/2021 through 12/31/2021
DFW 147-2021, temporary amend filed 09/15/2021, effective 09/20/2021 through 12/31/2021
DFW 140-2021, temporary amend filed 09/10/2021, effective 09/13/2021 through 12/31/2021
DFW 130-2021, temporary amend filed 09/03/2021, effective 09/06/2021 through 12/31/2021
DFW 121-2021, temporary amend filed 08/20/2021, effective 08/23/2021 through 12/31/2021
DFW 110-2021, temporary amend filed 07/29/2021, effective 08/01/2021 through 12/31/2021
DFW 137-2020, temporary amend filed 10/02/2020, effective 10/05/2020 through 12/31/2020
DFW 130-2020, temporary amend filed 09/25/2020, effective 09/28/2020 through 12/31/2020
DFW 125-2020, temporary amend filed 09/18/2020, effective 09/18/2020 through 12/31/2020
DFW 119-2020, temporary amend filed 09/12/2020, effective 09/12/2020 through 12/31/2020
DFW 114-2020, temporary amend filed 09/03/2020, effective 09/03/2020 through 12/31/2020
DFW 98-2020, temporary amend filed 07/31/2020, effective 08/01/2020 through 12/31/2020
DFW 150-2019, temporary amend filed 10/02/2019, effective 10/03/2019 through 12/31/2019
DFW 138-2019, temporary amend filed 09/25/2019, effective 09/25/2019 through 12/31/2019
DFW 135-2019, temporary amend filed 09/18/2019, effective 09/18/2019 through 12/31/2019
DFW 133-2019, temporary amend filed 09/12/2019, effective 09/16/2019 through 12/31/2019
DFW 130-2019, temporary amend filed 09/06/2019, effective 09/06/2019 through 12/31/2019
DFW 119-2019, temporary amend filed 08/19/2019, effective 08/26/2019 through 12/31/2019
DFW 105-2019, temporary amend filed 07/31/2019, effective 08/01/2019 through 12/31/2019
DFW 159-2018, temporary amend filed 10/16/2018, effective 10/17/2018 through 12/31/2018
DFW 154-2018, temporary amend filed 10/02/2018, effective 10/03/2018 through 12/31/2018
DFW 148-2018, temporary amend filed 09/25/2018, effective 09/26/2018 through 12/31/2018
DFW 142-2018, temporary amend filed 09/18/2018, effective 09/19/2018 through 12/31/2018
DFW 133-2018, temporary amend filed 09/06/2018, effective 09/10/2018 through 12/31/2018
DFW 118-2018, temporary amend filed 08/16/2018, effective 08/16/2018 through 12/31/2018
DFW 99-2018, temporary amend filed 07/26/2018, effective 08/01/2018 through 12/31/2018
DFW 149-2017, temporary amend filed 12/07/2017, effective 12/11/2017 through 12/31/2017
DFW 142-2017, temporary amend filed 10/27/2017, effective 10/31/2017 through 12/31/2017
DFW 127-2017, temporary amend filed 09/28/2017, effective 10/01/2017 through 12/31/2017
DFW 123-2017, temporary amend filed 09/21/2017, effective 09/21/2017 through 12/31/2017
DFW 120-2017(Temp), f. 9-14-17, cert. ef. 9-18-17 thru 12-31-17
DFW 117-2017(Temp), f. 9-8-17, cert. ef. 9-11-17 thru 12-31-17
DFW 113-2017(Temp), f. & cert. ef. 8-18-17 thru 12-31-17
DFW 100-2017(Temp), f. 7-31-17, cert. ef. 8-1-17 thru 12-31-17
DFW 137-2016(Temp), f. 10-20-16, cert. ef. 10-24-16 thru 11-30-16
DFW 133-2016(Temp), f. 10-13-16, cert. ef. 10-17-16 thru 12-31-16
DFW 132-2016(Temp), f. 10-6-16, cert. ef. 10-10-16 thru 10-14-16
DFW 130-2016(Temp), f. 9-29-16, cert. ef. 10-1-16 thru 12-31-16
DFW 123-2016(Temp), f. & cert. ef. 9-23-16 thru 12-31-16
DFW 120-2016(Temp), f. 9-15-16, cert. ef. 9-16-16 thru 12-31-16
DFW 106-2016(Temp), f. 8-10-16, cert. ef. 8-22-16 thru 12-31-16
DFW 98-2016(Temp), f. 7-28-16, cert. ef. 8-1-16 thru 12-31-16
DFW 155-2015(Temp), f. 11-12-15, cert. ef. 11-13-15 thru 12-31-15
DFW 137-2015(Temp), f. & cert. ef. 10-1-15 thru 10-31-15
DFW 133-2015(Temp), f. 9-23-15, cert. ef. 9-28-15 thru 10-31-15
DFW 130-2015(Temp), f. 9-17-15, cert. ef. 9-18-15 thru 10-31-15
DFW 127-2015(Temp), f. 9-10-15, cert. ef. 9-15-15 thru 10-31-15
DFW 108-2015(Temp), f. 8-13-15, cert. ef. 8-17-15 thru 10-31-15
DFW 97-2015(Temp), f. 7-30-15, cert. ef. 8-1-15 thru 10-31-15
DFW 153-2014(Temp), f. 10-23-14, cert. ef. 10-31-14 thru 12-31-14
DFW 146-2014(Temp), f. 10-8-14, cert. ef. 10-13-14 thru 10-31-14
DFW 142-2014(Temp), f. 10-2-14, cert. ef. 10-3-14 thru 10-31-14
DFW 140-2014(Temp), f. 9-24-14, cert. ef. 9-25-14 thru 10-31-14
DFW 134-2014(Temp), f. 9-19-14, cert. ef. 9-23-14 thru 10-31-14
DFW 118-2014(Temp), f. 8-7-14, cert. ef. 8-18-14 thru 10-31-14
DFW 105-2014(Temp), f. 7-30-14, cert. ef. 8-1-14 thru 10-31-14
DFW 116-2013(Temp), f. 10-8-13, cert. ef. 10-9-13 thru 12-31-13
DWF 111-2013(Temp), f. 9-27-13, cert. ef. 9-30-13 thru 10-31-13
DFW 106-2013(Temp), f. 9-19-13, cert. ef. 9-24-13 thru 10-31-13
DFW 102-2013(Temp), f. 9-13-13, cert. ef. 9-16-13 thru 10-31-13
DFW 98-2013(Temp), f. 9-6-13, cert. ef. 9-10-13 thru 10-31-13
DFW 89-2013(Temp), f. 8-14-13, cert. ef. 8-19-13 thru 12-31-13
DFW 88-2013(Temp), f. 8-9-13, cert. ef. 8-12-13 thru 12-31-13
DFW 143-2012(Temp), f. 11-7-12, cert. ef. 11-8-12 thru 1-29-13
DFW 127-2012(Temp), f. & cert. ef. 10-2-12 thru 10-31-12
DFW 124-2012(Temp), f. 9-25-12, cert. ef. 9-26-12 thru 10-31-12
DFW 120-2012(Temp), f. & cert. ef. 9-18-12 thru 10-31-12
DFW 119-2012(Temp), f. 9-10-12, cert. ef. 9-11-12 thru 10-31-12
DFW 107-2012(Temp), f. 8-15-12, cert. ef. 8-21-12 thru 10-31-12
DFW 94-2012(Temp), f. & cert. ef. 7-27-12 thru 10-31-12
DFW 142-2011(Temp), f. 10-6-11, cert. ef. 10-8-11 thru 10-31-11
DFW 138-2011(Temp), f. 9-30-11, cert. ef. 10-3-11 thru 10-31-11
DFW 133-2011(Temp), f. 9-21-11, cert. ef. 9-22-11 thru 10-31-11
DFW 130-2011(Temp), f. 9-15-11, cert. ef. 9-19-11 thru 10-31-11
DFW 124-2011(Temp), f. 9-8-11, cert. ef. 9-12-11 thru 10-31-11
DFW 119-2011(Temp), f. 8-26-11, cert. ef. 8-29-11 thru 10-31-11
DFW 103-2011(Temp), f. 7-29-11, cert. ef. 8-1-11 thru 10-31-11
DFW 149-2010(Temp), f. 10-18-10, cert. ef. 10-19-10 thru 10-31-10
DFW 142-2010(Temp), f. 10-8-10, cert. ef. 10-9-10 thru 10-31-10
DFW 136-2010(Temp), f. 9-24-10, cert. ef. 9-27-10 thru 10-31-10
DFW 128-2010(Temp), f. & cert. ef. 9-10-10 thru 10-31-10
DFW 120-2010(Temp), f. 8-18-10, cert. ef 8-24-10 thru 10-31-10
DFW 111-2010(Temp), f. 7-30-10, cert. ef. 8-1-10 thru 10-31-10
DFW 129-2009(Temp), f. 10-13-09, cert. ef. 10-14-09 thru 10-31-09
DFW 119-2009(Temp), f. & cert. ef. 9-29-09 thru 10-31-09
DFW 114-2009(Temp), f. 9-18-09, cert. ef. 9-21-09 thru 10-31-09
DFW 111-2009(Temp), f. 9-11-09, cert. ef. 9-13-09 thru 9-30-09
DFW 95-2009(Temp), f. 8-19-09, cert. ef. 8-24-09 thru 12-31-09
DFW 88-2009(Temp), f. 7-31-09, cert. ef. 8-1-09 thru 12-31-09
DFW 141-2008(Temp), f. 11-10-08, cert. ef. 11-12-08 thru 11-30-08
DFW 134-2008(Temp), f. & cert. ef. 10-17-08 thru 10-31-08
DFW 125-2008(Temp), f. 10-6-08, cert. ef. 10-7-08 thru 10-31-08
DFW 122-2008(Temp), f. & cert. ef. 9-29-08 thru 10-31-08
DFW 117-2008(Temp), f. & cert. ef. 9-22-08 thru 10-31-08
DFW 112-2008(Temp), f. 9-17-08, cert. ef. 9-18-08 thru 10-31-08
DFW 109-2008(Temp), f. 9-12-08, cert. ef. 9-15-08 thru 10-31-08
DFW 106-2008(Temp), f. 9-4-08, cert. ef. 9-6-08 thru 10-31-08
DFW 110-2007(Temp), f. 10-16-07, cert. ef. 10-20-07 thru 12-31-07
DFW 100-2007(Temp), f. 9-28-07, cert. ef. 10-3-07 thru 12-31-07
DFW 95-2007(Temp), f. 9-21-07, cert. ef. 9-25-07 thru 12-31-07
DFW 88-2007(Temp), f. 9-10-07, cert. ef. 9-11-07 thru 12-31-07
DFW 77-2007(Temp), f. 8-17-07, cert. ef. 8-22-07 thru 12-31-07
DFW 60-2007(Temp), f. 7-30-07, cert. ef. 8-1-07 thru 12-31-07
DFW 115-2006(Temp), f. 10-13-06, cert. ef. 10-15-06 thru 12-31-06
DFW 107-2006(Temp), f. 9-28-06, cert. ef. 10-3-06 thru 12-31-06
DFW 101-2006(Temp), f. 9-15-06, cert .ef. 9-18-06 thru 12-31-2006
DFW 94-2006(Temp), f. 9-8-06, cert. ef. 9-11-06 thru 12-31-06
DFW 86-2006(Temp), f. 8-18-06, cert. ef. 8-21-06 thru 12-31-06
DFW 71-2006(Temp), f. 7-31-06, cert. ef. 8-1-06 thru 12-31-06
DFW 120-2005(Temp), f. & cert. ef. 10-11-05 thru 12-31-05
DFW 113-2005(Temp), f. & cert. ef. 9-28-05 thru 12-31-05
DFW 109-2005(Temp), f. & cert. ef. 9-19-05 thru 12-31-05
DFW 104-2005(Temp), f. & cert. ef. 9-12-05 thru 12-31-05
DFW 96-2005(Temp), f. & cert. ef. 8-22-05 thru 12-31-05
DFW 110-2004(Temp), f. & cert. ef. 10-29-04 thru 12-31-04
DFW 104-2004(Temp), f. 10-12-04 cert. ef. 10-13-04 thru 12-31-04
DFW 99-2004(Temp), f. & cert. ef. 9-24-04 thru 12-31-04
DFW 95-2004(Temp), f. 9-17-04, cert. ef. 9-19-04 thru 12-31-04
DFW 88-2004(Temp), f. & cert. ef. 8-23-04 thru 12-31-04
DFW 104-2003(Temp), f. 10-10-03, cert. ef. 10-11-03 thru 12-31-03
DFW 103-2003(Temp), f. 10-3-03, cert. ef. 10-8-03 thru 12-31-03
DFW 101-2003(Temp), f. 9-26-03, cert. ef. 10-1-03 thru 12-31-03
DFW 97-2003(Temp), f. 9-22-03, cert. ef. 9-24-03 thru 12-31-03
DFW 91-2003(Temp), f. 9-12-03 cert. ef. 9-16-03 thru 12-31-03
DFW 81-2003(Temp), f. 8-25-03, cert. ef. 8-26-03 thru 12-31-03
DFW 77-2003(Temp), f. & cert. ef. 8-13-03 thru 12-31-03
DFW 113-2002(Temp), f. 10-14-02, cert. ef. 10-15-02 thru 12-31-02
DFW 104-2002(Temp), f. & cert. ef. 9-19-02 thru 12-31-02
DFW 102-2002(Temp), f. & cert. ef. 9-13-02 thru 12-31-02
DFW 98-2002(Temp), f. & cert. ef. 8-30-02 thru 12-31-02
DFW 89-2002(Temp), f. 8-16-02, cert. ef. 8-18-02 thru 12-31-02
DFW 100-2001(Temp), f. 10-16-01, cert. ef. 10-17-01 thru 12-31-01
DFW 94-2001(Temp), f. 9-26-01, cert. ef. 9-27-01 thru 12-31-01
DFW 91-2001(Temp), f. & cert. ef. 9-19-01 thru 12-31-01
DFW 87-2001(Temp), f. 9-10-01, cert. ef. 9-11-01 thru 9-15-01
DFW 75-2001(Temp), f. & cert. ef. 8-20-01 thru 9-8-01
DFW 61-2000(Temp), f. 9-15-00, cert. ef. 9-19-00 thru 12-31-00
DFW 60-2000(Temp), f. 9-11-00, cert. ef. 9-12-00 thru 12-31-00
DFW 50-2000(Temp), f. 8-18-00, cert. ef. 8-21-00 thru 9-9-00
DFW 74-1999(Temp), f. 9-28-99, cert. ef. 9-29-99 thru 10-22-99
DFW 72-1999(Temp), f. 9-21-99, cert. ef. 9-22-99 thru 10-22-99
DFW 69-1999(Temp), f. & cert. ef. 9-17-99 thru 9-18-99
DFW 65-1999(Temp), f. 9-14-99, cert. ef. 9-15-99 thru 9-17-99
DFW 62-1999(Temp), f. 9-2-99, cert. ef. 9-3-99 thru 9-11-99
DFW 59-1999(Temp), f. & cert. ef. 8-23-99 thru 9-11-99
DFW 80-1998(Temp), f. 9-23-98, cert. ef. 9-24-98 thru 9-25-98
DFW 79-1998(Temp), f. 9-21-98, cert. ef. 9-22-98 thru 9-25-98
DFW 77-1998(Temp), f. 9-14-98, cert. ef. 9-15-98 thru 9-25-98
DFW 76-1998(Temp), f. & cert. ef. 9-8-98 thru 9-25-98
DFW 68-1998(Temp), f. & cert. ef. 8-25-98 thru 9-25-98
FWC 60-1997(Temp), f. 9-16-97, cert. ef. 9-17-97
FWC 57(Temp), f. & cert. ef. 9-9-97
FWC 52-1997(Temp), f. 8-29-97, cert. ef. 9-2-97
FWC 48-1997, f. & cert. ef. 8-25-97
FWC 54-1996(Temp), f. & cert. ef. 9-23-96
FWC 53-1996(Temp), f. & cert. ef. 9-26-96
FWC 51-1996(Temp), f. 9-6-96, cert. ef. 9-9-96
FWC 48-1996(Temp), f. 8-29-96, cert. ef. 9-2-96
FWC 46-1996, f. & cert. ef. 8-23-96
FWC 75-1995(Temp), f. 9-12-95, cert. ef. 9-13-95
FWC 72-1995(Temp), f. & cert. ef. 9-1-95
FWC 68-1995(Temp), f. 8-25-95, cert. ef. 8-29-95
FWC 74-1994(Temp), f. & cert. ef. 10-12-94
FWC 61-1994(Temp), f. 9-7-94, cert. ef. 9-8-94
FWC 55-1994(Temp), f. 8-26-94, cert. ef. 8-29-94
FWC 61-1993(Temp), f. & cert. ef. 9-24-93
FWC 59-1993(Temp), f. 9-17-93, cert. ef. 9-20-93
FWC 57-1993(Temp), f. & cert. ef. 9-13-93
FWC 52-1993, f. & cert. ef. 8-30-93
FWC 47-1993, f. 8-6-93, cert. ef. 8-9-93
FWC 107-1992(Temp), f. & cert. ef. 10-9-92
FWC 105-1992(Temp), f. 10-2-92, cert. ef. 10-5-92
FWC 96-1992(Temp), f. 9-22-92, cert. ef. 9-23-92
FWC 91-1992(Temp), f. 9-16-92, cert. ef. 9-17-92
FWC 87-1992(Temp), f. 9-4-92, cert. ef. 9-7-92
FWC 86-1992(Temp), f. 9-1-92, cert. ef. 9-2-92
FWC 73-1992(Temp), f. & cert. ef. 8-10-92
FWC 110-1991(Temp), f. & cert. ef. 9-27-91
FWC 103-1991(Temp), f. 9-17-91, cert. ef. 9-18-91
FWC 101-1991(Temp), f. & cert. ef. 9-10-91
FWC 96-1991, f. & cert. ef. 9-9-91
FWC 85-1991, f. 8-7-91, cert. ef. 8-12-91
FWC 98-1990(Temp), f. 9-14-90, cert. ef. 9-17-90
FWC 96-1990(Temp), f. 9-7-90, cert. ef. 9-10-90
FWC 90-1990, f. & cert. ef. 8-31-90
FWC 80-1990(Temp), f. 8-7-90, cert. ef. 8-8-90
FWC 100-1989(Temp), f. & cert. ef. 9-28-89
FWC 99-1989(Temp), f. & cert. ef. 9-27-89
FWC 96-1989(Temp), f. & cert. ef. 9-21-89
FWC 95-1989(Temp), f. & cert. ef. 9-19-89
FWC 87-1989(Temp), f. & cert. ef. 9-1-89
FWC 54-1989(Temp), f. & cert. ef. 8-7-89
FWC 95-1988(Temp), f. 9-27-88, cert. ef. 9-28-88
FWC 91-1988(Temp), f. & cert. ef. 9-16-88
FWC 77-1988(Temp), f. & cert. ef. 9-2-88
FWC 72-1988(Temp), f. & cert. ef. 8-19-88
FWC 67-1988, f. & cert. ef. 8-15-88
FWC 89-1987(Temp), f. & cert. ef. 10-12-87
FWC 87-1987(Temp), f. & cert. ef. 10-9-87
FWC 80-1987(Temp), f. & cert. ef. 9-18-87
FWC 78-1987(Temp), f. & cert. ef. 9-15-87
FWC 75-1987(Temp), f. & cert. ef. 9-1-87
FWC 74-1987(Temp), f. & cert. ef. 9-4-87
FWC 63-1987, f. & cert. ef. 8-7-87
FWC 62-1986(Temp), f. & cert. ef. 10-2-86
FWC 60-1986(Temp), f. & cert. ef. 9-26-86
FWC 57-1986(Temp), f. & cert. ef. 9-11-86
FWC 54-1986(Temp), f. & cert. ef. 9-5-86
FWC 53-1986(Temp), f. & cert. ef. 9-4-86
FWC 42-1986, f. & cert. ef. 8-15-86
FWC 63-1985(Temp), f. & cert. ef. 9-24-85
FWC 60-1985(Temp), f. & ef. 9-13-85
FWC 47-1985, f. & cert. ef. 8-23-85
FWC 70-1984(Temp), f. & ef. 10-9-84
FWC 61-1984(Temp), f. & cert. ef. 9-21-84
FWC 58-1984(Temp), f. & cert. ef. 9-17-84
FWC 55-1984(Temp), f. & cert. ef. 9-10-84
FWC 46-1984, f. & cert. ef. 8-30-84
FWC 55-1983(Temp), f. & cert. ef. 10-4-83
FWC 51-1983(Temp), f. & ef. 9-30-83
FWC 49-1983(Temp), f. & ef. 9-26-83
FWC 36-1983, f. & ef. 8-18-83
FWC 75-1982(Temp), f. & cert. ef. 10-29-82
FWC 63-1982(Temp), f. & cert. ef. 9-14-82
FWC 62-1982(Temp), f. & ef. 9-7-82
FWC 58-1982(Temp), f. & ef. 8-27-82
FWC 33-1981(Temp), f. & ef. 9-15-81
FWC 46-1980(Temp), f. & ef. 9-13-80
FWC 44-1980(Temp), f. & cert. ef. 8-22-80
FWC 47-1979(Temp), f. & ef. 9-21-79
FWC 36-1979(Temp), f. & ef. 8-22-79
FWC 25-1979, f. & cert. ef. 8-2-79

Or. Admin. R. 635-041-0076 Summer Salmon Season

Reserved

History

Statutory/Other Authority: ORS 496.118 & 506.119
Statutes/Other Implemented: ORS 506.109, 506.129 & 507.030
DFW 65-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 07/31/2026
DFW 55-2026, temporary amend filed 06/15/2026, effective 06/16/2026 through 07/31/2026
DFW 45-2026, temporary amend filed 05/27/2026, effective 05/28/2026 through 06/15/2026
DFW 59-2025, temporary amend filed 07/23/2025, effective 07/24/2025 through 07/31/2025
DFW 55-2025, temporary amend filed 07/09/2025, effective 07/10/2025 through 07/31/2025
DFW 53-2025, temporary amend filed 07/02/2025, effective 07/03/2025 through 07/31/2025
DFW 41-2025, temporary amend filed 06/04/2025, effective 06/05/2025 through 07/31/2025
DFW 59-2024, temporary amend filed 07/19/2024, effective 07/22/2024 through 07/31/2024
DFW 57-2024, temporary amend filed 07/10/2024, effective 07/15/2024 through 07/31/2024
DFW 54-2024, temporary amend filed 06/27/2024, effective 06/28/2024 through 07/31/2024
DFW 42-2024, temporary amend filed 06/07/2024, effective 06/17/2024 through 07/31/2024
DFW 66-2023, temporary amend filed 07/11/2023, effective 07/11/2023 through 07/31/2023
DFW 64-2023, temporary amend filed 07/07/2023, effective 07/08/2023 through 07/31/2023
DFW 61-2023, temporary amend filed 07/06/2023, effective 07/06/2023 through 07/31/2023
DFW 51-2023, temporary amend filed 06/12/2023, effective 06/16/2023 through 07/31/2023
DFW 89-2022, temporary amend filed 07/13/2022, effective 07/18/2022 through 07/31/2022
DFW 81-2022, temporary amend filed 06/30/2022, effective 07/01/2022 through 07/31/2022
DFW 60-2022, temporary amend filed 06/03/2022, effective 06/04/2022 through 07/31/2022
DFW 97-2021, temporary amend filed 07/11/2021, effective 07/12/2021 through 07/31/2021
DFW 82-2021, temporary amend filed 06/24/2021, effective 06/28/2021 through 07/31/2021
DFW 69-2021, temporary amend filed 06/08/2021, effective 06/08/2021 through 07/31/2021
DFW 94-2020, temporary amend filed 07/15/2020, effective 07/16/2020 through 07/31/2020
DFW 85-2020, temporary amend filed 07/08/2020, effective 07/08/2020 through 07/31/2020
DFW 75-2020, temporary amend filed 06/30/2020, effective 07/01/2020 through 07/31/2020
DFW 66-2020, temporary amend filed 06/09/2020, effective 06/22/2020 through 07/31/2020
DFW 102-2019, temporary amend filed 07/25/2019, effective 07/26/2019 through 07/31/2019
DFW 90-2019, temporary amend filed 06/28/2019, effective 07/01/2019 through 07/31/2019
DFW 75-2019, temporary amend filed 06/14/2019, effective 06/24/2019 through 07/31/2019
DFW 89-2018, temporary amend filed 07/10/2018, effective 07/11/2018 through 07/31/2018
DFW 84-2018, temporary amend filed 06/29/2018, effective 07/02/2018 through 07/31/2018
DFW 65-2018, temporary amend filed 06/06/2018, effective 06/16/2018 through 07/31/2018
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 91-2017(Temp), f. 7-18-17, cert. ef. 7-19-17 thru 7-31-17
DFW 88-2017(Temp), f. 7-11-17, cert. ef. 7-12-17 thru 7-31-17
DFW 82-2017(Temp), f. 6-29-17, cert. ef. 7-3-17 thru 7-31-17
DFW 75-2017(Temp), f. & cert. ef. 6-15-17 thru 7-31-17
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 93-2016(Temp), f. 7-14-16, cert. ef. 7-18-16 thru 7-31-16
DFW 88-2016(Temp), f. 7-7-16, cert. ef. 7-11-16 thru 7-31-16
DFW 86-2016(Temp), f. 6-30-16, cert. ef. 7-5-16 thru 8-31-16
DFW 70-2016(Temp), f. 6-13-16, cert. ef. 6-16-16 thru 7-31-16
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 93-2015(Temp), f. 7-27-15, cert. ef. 7-28-15 thru 7-31-15
DFW 90-2015(Temp), f. 7-20-15, cert. ef. 7-21-15 thru 7-31-15
DFW 87-2015(Temp), f. & cert. ef. 7-15-15 thru 7-31-15
DFW 83-2015(Temp), f. 7-7-15, cert. ef. 7-8-15 thru 7-31-15
DFW 80-2015(Temp), f. 6-30-15, cert. ef. 7-6-15 thru 7-31-15
DFW 71-2015(Temp), f. 6-15-15, cert. ef. 6-16-15 thru 7-31-15
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 103-2014(Temp), f. 7-23-14, cert. ef. 7-28-14 thru 7-31-14
DFW 95-2014(Temp), f. 7-17-14, cert. ef. 7-21-14 thru 7-31-14
DFW 91-2014(Temp), f. 7-10-14, cert. ef. 7-14-14 thru 7-31-14
DFW 79-2014(Temp), f. 6-26-14, cert. ef. 6-30-14 thru 7-31-14
DFW 66-2014(Temp), f. 6-12-14, cert. ef. 6-16-14 thru 7-31-14
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 77-2013(Temp), f. 7-18-13, cert. ef. 7-22-13 thru 7-31-13
DFW 71-2013(Temp), f. 7-11-13, cert. ef. 7-15-13 thru 7-31-13
DFW 69-2013(Temp), f. 7-5-13, cert. ef. 7-6-13 thru 7-31-13
DFW 63-2013(Temp), f. 6-27-13, cert. ef. 6-29-13 thru 7-31-13
DFW 57-2013(Temp), f. 6-12-13, cert. ef. 6-16-13 thru 7-31-13
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
Temporary Suspended by DFW 94-2012(Temp), f. & cert. ef. 7-27-12 thru 10-31-12
DFW 87-2012(Temp), f. 7-11-12, cert. ef. 7-12-12 thru 8-31-12
DFW 81-2012(Temp), f. 6-29-12, cert. ef. 7-3-12 thru 8-31-12
DFW 66-2012(Temp), f. 6-14-12, cert. ef. 6-18-12 thru 7-31-12
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 98-2011(Temp), f. 7-20-11, cert. ef. 7-25-11 thru 10-31-11
DFW 94-2011(Temp), f. 7-14-11, cert. ef. 7-18-11 thru 10-31-11
DFW 88-2011(Temp), f. 7-8-11, cert. ef. 7-10-11 thru 10-31-11
DFW 84-2011(Temp), f. 7-1-11, cert. ef. 7-5-11 thru 10-31-11
DFW 75-2011(Temp), f. 6-24-11, cert. ef. 6-27-11 thru 10-31-11
DFW 66-2011(Temp), f. 6-14-11, cert. ef. 6-16-11 thru 10-31-11
DFW 43-2011(Temp), f. & cert. ef. 5-10-11 thru 10-31-11
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 105-2010(Temp), f. 7-23-10, cert. ef. 7-26-10 thru 7-31-10
DFW 101-2010(Temp), f. 7-19-10, cert. ef. 7-20-10 thru 7-31-10
DFW 97-2010(Temp), f. 7-8-10, cert. ef. 7-13-10 thru 7-31-10
DFW 87-2010(Temp), f. 6-25-10, cert. ef. 6-29-10 thru 7-31-10
DFW 80-2010(Temp), f. 6-14-10, cert. ef. 6-16-10 thru 7-31-10
DFW 74-2010(Temp), f. & cert. ef. 6-2-10 thru 7-31-10
DFW 71-2010(Temp), f. 5-19-10, cert. ef. 5-21-10 thru 6-16-10
DFW 68-2010(Temp), f. 5-18-10, cert. ef. 5-19-10 thru 7-31-10
DFW 56-2010(Temp), f. 5-10-10, cert. ef. 5-11-10 thru 7-31-10
DFW 51-2010(Temp), f. & cert. ef. 4-29-10 thru 7-31-10
DFW 48-2010(Temp), f. 4-26-10, cert. ef. 4-27-10 thru 7-31-10
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 84-2009(Temp), f. 7-13-09, cert. ef. 7-15-09 thru 7-31-09
DFW 82-2009(Temp), f. 7-6-09, cert. ef. 7-8-09 thru 7-31-09
DFW 76-2009(Temp), f. 6-26-09, cert. ef. 6-30-09 thru 7-31-09
DFW 71-2009(Temp), f. 6-15-09, cert. ef. 6-16-09 thru 7-31-09
DFW 56-2009(Temp), f. 5-26-09, cert. ef. 5-27-09 thru 7-31-09
DFW 50-2009(Temp), f. 5-14-09, cert. ef. 5-16-09 thru 7-31-09
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 94-2008(Temp), f. & cert. ef. 8-14-08 thru 9-30-08
DFW 87-2008(Temp), f. & cert. ef. 7-25-08 thru 8-31-08
DFW 80-2008(Temp), f. & cert. ef. 7-10-08 thru 8-31-08
DFW 71-2008(Temp), f. 6-27-08, cert. ef. 6-28-08 thru 8-31-08
DFW 68-2008(Temp), f. 6-20-08, cert. ef. 6-21-08 thru 8-31-08
DFW 62-2008(Temp), f. 6-13-08, cert. ef. 6-16-08 thru 8-31-08
DFW 47-2008(Temp), f. 5-9-08, cert. ef. 5-11-08 thru 7-31-08
DFW 45-2008(Temp), f. 5-2-08, cert. ef. 5-5-08 thru 7-31-08
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 53-2007(Temp), f. & cert. ef. 7-6-07 thru 7-31-07
DFW 49-2007(Temp), f. 6-22-07, cert. ef. 6-26-07 thru 9-13-07
DFW 46-2007(Temp), f. 6-15-07, cert. ef. 6-16-07 thru 9-13-07
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 58-2006(Temp), f. 7-6-06, cert. ef. 7-10-06 thru 7-31-06
DFW 56-2006(Temp), f. 6-30-06, cert. ef. 7-3-06 thru 7-31-06
DFW 49-2006(Temp), f. 6-26-06, cert. ef. 6-27-06 thru 7-31-06
DFW 46-2006(Temp), f. & cert. ef. 6-20-06 thru 7-31-06
DFW 39-2006(Temp), f. & cert. ef. 6-8-06 thru 7-31-06
DFW 5-2006, f. & cert. ef. 2-15-06

Or. Admin. R. 635-041-0525 Siletz Tribal Clam Harvest

(1) Tribal members are authorized to take clams under the terms and conditions of the Memorandum of Understanding between the Confederated Tribes of the Siletz Indians and the State of Oregon, entered into by both parties in 2014, incorporated herein by reference.

(2) No additional tribal legal or treaty entitlement is created, conveyed or implied, nor is any existing agreement, treaty or court decree modified by the adoption of these rules or the above referenced Memorandum of Understanding.

History

Statutory/Other Authority: ORS 497.075
Statutes/Other Implemented: ORS 497.075
DFW 161-2014, f. 12-8-14, cert. ef. 1-1-15

Or. Admin. R. 635-041-0550 Coquille Tribal Clam Harvest

(1) Tribal members are authorized to take clams under the terms and conditions of the Memorandum of Understanding between the Coquille Indian Tribe and the State of Oregon, entered into by both parties in 2017, incorporated herein by reference.

History

Statutory/Other Authority: ORS 497.075
Statutes/Other Implemented: ORS 497.075
DFW 70-2017, f. & cert. ef. 6-12-17

Or. Admin. R. 635-041-0600 Confederated Tribes of the Grand Ronde Community of Oregon

The Commission adopts the "Agreement among the State of Oregon, the United States of America and the Confederated Tribes of the Grand Ronde Community of Oregon to permanently define tribal hunting, fishing, trapping, and animal gathering rights of the Tribe and its members" (see Exhibit 2), signed by the Commission Chairman, Don Barth, 11-29-86, and further provided that no angling license is required for Grand Ronde members when fishing from jetties and the surf in the Pacific Ocean within the Trask unit.

EXHIBIT 2 (635-041-0600)  AGREEMENT

AMONG THE STATE OF OREGON, THE UNITED STATES  OF AMERICA AND THE CONFEDERATED TRIBES OF GRAND RONDE COMMUNITY OF OREGON TO PERMANENTLY DEFINE TRIBAL  HUNTING, FISHING, TRAPPING, AND ANIMAL GATHERING  RIGHTS OF THE TRIBE AND ITS MEMBERS

Parties and Definitions.

a. The following entities are the parties to the agreement and they shall be defined for the purposes of this agreement as follows:

i. “Tribe” shall mean the Confederated Tribes of the Grand Ronde Community of Oregon, as referred to in Public Law 95-165, 97 Stat. 1064 (currently codified at 25 USC § 713-713g), and all tribal members, present and future.

ii. “State” shall mean the State of Oregon acting through the Oregon Department of Fish and Wildlife, and administrative agency of the State of Oregon; the Department of Justice of the State of Oregon; the Oregon State Police; and any successor agencies or officials of the State of Oregon that may have regulatory jurisdiction over the harvest of fish or wildlife within the State of Oregon.

iii. “Department” shall mean the Oregon Department of Fish and Wildlife and any successor agencies that may have regulatory jurisdiction over the harvest of fish or wildlife within the State of Oregon.

iv. “The United States” shall mean the United States of America; the United States Department of the Interior and agencies within that department; and the United States Department of Justice and agencies within that department. The United States is a party to this agreement solely in its capacity as trustee for the Tribe and its members.

b. The term “cultural” shall describe the tribal fishing, hunting, or gathering rights and opportunities set forth in this agreement.

Statement of Purpose. This agreement has been negotiated because of the following factors:

a. The nature and extent of tribal hunting, fishing, animal gathering, and trapping rights are presently unknown. They have not been defined by any court. The question is exceedingly complex, involving numerous acts of Congress, executive orders, and treaties. There is disagreement about the Tribe’s hunting and fishing rights. The Tribe contends that it possesses tribal hunting, fishing, trapping and animal gathering rights. The State, on the other hand, disagrees and presently enforces state law whenever the Tribe or its members hunt, fish, trap, or gather animals, contrary to any provision of the law.

b. Thus, in order to resolve this controversy and to promote sound and orderly management and conservation of fish and wildlife resources, it is the desire of the parties to define, specifically and permanently, the nature and extent of the Tribe’s rights.

Controlling Principles. This agreement shall be construed in accordance with the following principles:

a. This agreement shall fully and completely define the tribal hunting, fishing, trapping, and animal gathering rights, and no additional tribal rights shall hereafter exist except those which are specifically set forth in this agreement.

b. Any hunting, fishing, trapping, and animal gathering, including method, time, and place, which is conducted by the Tribe or its members and which is not specifically permitted by this agreement shall be subject to regulation under applicable state laws.

c. Resolution of questions regarding the existence or extent of any tribal right to gather plants is specifically excluded from this agreement.

d. The parties are determined to implement this agreement in a cooperative and positive manner. The parties intend to assist each other in the implementation of this agreement and to exchange among themselves all documents and other information concerning the implementation of this agreement.

e. All of the parties have negotiated this agreement voluntarily; have signed it free of any pressure, coercion or duress of any kind; and have been extensively advised by counsel, all of whom are intimately familiar with the legal issues addressed by this agreement. The parties have all had full access to all of the relevant facts, legislative history, and judicial precedent. The parties, therefore, intend this agreement to be the sole, exclusive statement of any tribal hunting, fishing, trapping, and animal gathering rights which the Tribe does possess and of those which it does not possess. The parties expressly intend that this agreement shall not be contested or reopened at any time.

f. The Tribe is a sovereign government and is legally empowered to represent its members in this agreement. This agreement, therefore, shall be permanently binding on all tribal members, present and future.

g. The parties agree that the State shall retain the sovereign authority to manage fish and wildlife resources under applicable provisions of Oregon law, both on and off any reservation, established for the Tribe, subject to the provisions of this agreement.

h. This agreement is based on the special circumstances surrounding the relationships of the parties and does not affect the rights of any persons, tribes, or groups who are not parties to this agreement.

Fishing Rights. In addition to those fishing rights or privileges accorded to citizens or licensees of the State under state law, the Tribe shall have the rights set forth in this paragraph.

a. The Cultural Fishery.

(1) Fishing by Tribal members shall be subject to all applicable state laws, except that a valid tribal license issued pursuant to this agreement may be used in lieu of a state fishing license within the following area:

Beginning at McMinnville; southwest on State Highway 18 to Salmon River; west along Salmon River to Pacific Ocean; north along Pacific Ocean coastline to the south shoreline at mouth of Tillamook Bay; east along south shoreline of Tillamook Bay; east along Wilson River to State Highway 6 at Lee’s Camp; northeast on State Highway 6 to State Hightway 8 near Gales Creek; southeast on State Highway 8 to State Highway 47 at Forest Grove; south on State Highway 47 to State Highway 99W; southeast on State Highway 99W to the McMinnville point of beginning. Cultural fishing is permitted in the Salmon River and its estuary to the Pacific Ocean, and in the Wilson River to Tillamook Bay.

(2) All fishing pursuant to this agreement shall occur only during the fishing seasons prescribed for all citizens in the geographic area described in section 4(a)1 above.

(3) All tribal fishing pursuant to this agreement shall be subject to all the rights of landowners and tenants under state trespass laws and other applicable provisions of law.

b. The Subsistence Supply. In addition to the cultural right to fish as set forth above, the Tribe shall have the right to receive, at its option, 4000 pounds annually of surplus salmon carcasses from a source to be determined by the Department. These fish shall be fit for human consumption and grade one fish shall be supplied if available. After the Department has sorted the surplus salmon and has determined which fish are available for consumption, the Tribe at its option may participate in the final selection of these fish. An authorized agent of the Tribe shall be responsible for pickup of salmon carcasses at an appropriate location or locations designated by the Department and reasonably convenient to the Tribe. The Tribe shall make all arrangements for the consumption of such fish, but such fish shall not be used for any commercial purpose.

c. Prohibited Acts. The following acts shall not be included within the Tribe’s cultural fishing rights and are subject to regulation under applicable state or federal law:

(1) The taking of salmon, steelhead, or other game fish that require, now or in the future, a state tag, stamp or similar control over and above a state fishing license.

(2) Net fishing, including gill netting, and dip netting.

(3) The use of fish, or parts thereof, for commercial purposes.

(4) The taking of fish in a geographic area other than that established pursuant to this agreement.

(5) The taking of fish in violation of any of the limitations set forth in this section 4 or of the licensing and tagging provisions as set forth in section 7 below.

Hunting Rights. In addition to those hunting rights or privileges accorded to citizens or licensees of the State under state law, the Tribe shall have the rights set forth in this paragraph.

(a) Cultural Hunting.

(1) The Tribe shall have the opportunity to harvest a total of 395 deer and elk (which total shall not include more than 45 elk) and 5 bear per year within the area described in section 4(a)(1) above. The parties acknowledge that the annual harvest may be less than 395 deer and elk and 5 bear and that there shall be no makeup of deer or elk or bear harvest in subsequent years. No state license shall be required for game taken pursuant to this section. Tribal hunting shall be subject to the State’s right to regulate for conservation purposes.

(2) All hunting pursuant to this agreement shall occur only during deer and elk and bear seasons prescribed by the Department for all citizens in the geographic area described in section 4(a)(1), above. If the Department prescribes a controlled deer or elk season in the described geographical area whereby participants must draw for permits, and all of the hunt will be within the geographic area described in section 4(a)(1), the Department shall provide permits to the Tribe, at the Tribe’s option, for the controlled hunt of up to 10 percent of the total controlled permits authorized for all citizens. If the section 4(a)(1) geographic area is only a percentage of a larger controlled hunt area, the Tribe shall be entitled to 10 percent of that percentage of the total permits issued. For instance, if the portion of the 4(a)(1) geographic area included in a controlled hunt is determined to be 47 percent of the total area designated for the controlled hunt, and 100 permits are available for the total hunt area, the Tribe’s allocation will be calculated on 47 percent of 100, or 47, permits. Ten percent of 47 permits would yield five (5) controlled permits allocated to the Tribe (rounding 4.7 to the nearest whole number).

(3) The Tribe shall have no right to additional deer or elk permits under the landowner preference provisions of ORS 496.146(4).

(4) Permits issued to the Tribe for controlled hunts shall be valid only when used with an unused tribal tag. Thus, total harvest of deer and elk cannot exceed 395 animals, as provided for in section 5(a)(1). Weapons, antler regulations, methods, and other regulations for tribal hunting shall be the same as established by the State for all citizens.

(5) All tribal hunting pursuant to this agreement shall be subject to all of the rights of landowners and tenants under state trespass laws and other applicable provisions of law.

(6) All hunting pursuant to this section shall be in accordance with the licensing and tagging procedures set forth in section 7 below.

b. Prohibited Acts. The following acts shall not be included within the Tribe’s cultural hunting rights and are subject to regulation under applicable state or federal law.

(1) The hunting or trapping of animals other than deer and elk and bear.

(2) The use of deer or elk or bear meat for commercial purposes.

(3) The taking of deer or elk or bear in a geographic area other than that described in section 4(a)(1), above.

(4) The taking of deer or elk or bear in excess of the number specified in this agreement.

(5) The taking of deer or elk or bear in violation of any of the limitations set forth in this section 5 or of the licensing and tagging provisions, as set forth in section 7 below.

Trapping and Cultural Animal Gathering. In addition to those trapping and animal gathering rights or privileges accorded to citizens or licensees of the state under state law, the Tribe shall have the rights set forth in this paragraph. The Tribe shall have no tribal trapping rights. The Tribe and its members shall have the right to gather eels (lampreys) and fresh water mussels for non-commercial uses subject to the State’s right to regulate for conservation purposes, within the area described in section 4(a)(1), above. Gathering of sea anemones, rock oysters (piddocks), crawfish, and saltwater mussels by tribal members within, or in the ocean adjacent to, the area descibed in section 4(a)(1) shall be subject to all applicable state laws, except that upon request of the Tribe, the Department may issue special gathering permits which will provide the Tribe an opportunity to gather these animals for ceremonial and subsistence purposes. The Department shall designate the number of special gathering permits to be issued annually, the quantity of animals to be harvested, size limits, gear, degree of allowable removal, and area of harvest. A valid tribal license issued pursuant to this agreement may be used in lieu of any personal use state license that may be required for such gathering of the above listed species and clams.
Licensing and Tagging System. The Tribe and its members shall not exercise any of the tribal rights provided for in this agreement to harvest fish, deer, elk or bear (referred to as “animals” in this section), except pursuant to the terms of this section. Any person who has not complied fully with the provisions of this section shall be subject to prosecution under state law. Except for the provisions of this section, no state licenses or tags shall be required for animals taken pursuant to this agreement.

a. Every tribal member exercising tribal fishing or hunting rights shall have in possession a valid tribal license (containing at a minimum the member’s name, photograph, and enrollment number). Every tribal member exercising tribal hunting rights shall also have in possession a valid tag issued pursuant to this section for the type of animal being sought.

b. The Department shall annually issue without charge to the Tribe 350 deer tags, 45 combination tags valid for taking either one deer or one elk, and 5 bear tags. The Tribe shall control the issuance of such tags to its members.

c. Whenever an animal is taken, the tag shall be promptly filled out by the tribal member and promptly affixed to the animal. The information listed on the tag shall be provided to the tribal office within a time period prescribed by the Tribe.

d. The Tribe shall keep accurate, current records concerning the number and the persons to whom tags have been issued.

e. Any tribal member shall be subject to state regulation under state law if (1) the tribal member does not have a valid tribal license and a valid applicable tag in possession, (2) a tribal member has not properly filled out a tag and affixed it to the animal, or (3) a tribal member has not complied with all other state tagging, possession, and transportation regulations, so long as they are not inconsistent with this agreement.

f. All tribal records kept pursuant to this section shall be complete and current in all respects, and shall be subject to inspection by the State upon reasonable notice.

g. If the State believes that the tribal licensing and tagging system is inadequate in whole or in part, the State shall so notify the Tribe. The Tribe shall take necessary corrective measures. If the State believes that such corrective measures are inadequate, the State shall negotiate with the Tribe for the assumption of licensing and tagging responsibilities by the State. If agreement is not reached by the parties, the State may petition the United States District Court for an order directing that full control of licensing and tagging be assumed by the State until necessary corrective measures have been taken by the Tribe.

Relationship of this Agreement to the Establishment of a Tribal Reservation.

a. This agreement shall contain the exclusive definition of tribal hunting, fishing, trapping, and animal gathering rights. The creation of a tribal reservation, or the addition of lands to an existing reservation, shall not in any way add to or detract from the provisions of this agreement. All hunting, fishing, and trapping by the Tribe, on or off any tribal reservation or lands of any tribal member, shall be in accordance with the terms of this agreement.

b. This agreement does not imply any state position on proposals for designation of particular lands as a reservation. If a reservation is created, the State shall have the right, subject to the specific provisions of this agreement, to manage all fish and wildlife resources on the tribal reservation, in accordance with applicable provisions of Oregon law.

c. The Tribe intends to leave any reservation established open to the public for hunting and fishing and general recreation. The Tribe does not by this agreement waive any rights it may have to close all or part of such reservation when necessary in the future. If there is to be any closure, or partial closure, the Tribe shall consult with the Department before taking action. If the Tribe acquires any land containing any watercourse on which there is now a public right to float or fish from a boat, such public right shall be unaffected by the acquisition of such lands.

d. The Tribe reserves the right to regulate or prohibit the public’s gathering of plants on any reservation established.

e. Whenever the Tribe plans to engage in any activity for which a permit would normally be required from the Department, the Tribe shall consult with the Department and meet the minimum standards established by the Department for such activities.

f. The Tribe agrees that it will meet minimum environmental standards established by state and local laws for resource development activities which may impact fish and wildlife habitat, including but not limited to water development, fill and removal, and timber harvesting. The parties recognize that the Tribe intends to use most of its lands identified in the Grand Ronde Reservation Plan dated November, 1985, for the purpose of harvesting timber. The Tribe shall conduct land use planning in an environmentally sound manner generally consistent with state and local land use goals as they relate to fish and wildlife habitat.

Effective Date of Agreement. No part of this agreement shall be effective until this agreement is approved by the United States District Court and merged into a final and permanent decree and order issued by such Court. If such action is taken by the Court, the provisions of the agreement shall go into effect immediately except that the provisions relating to the cultural fishery (section 4(a), above) and cultural hunting (section 5(a), above), and cultural animal gathering (section 6, above) shall go into effect 30 days after the Tribe notifies the State in writing of the establishment of its licensing and tagging procedures (section 7, above).

DATE SIGNED: November 29, 1986.

BY:

Don Barth, Chairman,

Oregon Fish and Commission

Wildlife Commission

DATE SIGNED: December 1, 1986.

BY:

Anne W. Squier

Assistant Attorney General

State of Oregon

Of Attorneys for Oregon

Department of Fish and Wildlife

George d. Dysart

Special Assistant United States Attorney

United States Department of Justice

DATE SIGNED: December 1, 1986.

BY:

Mark Mercier, Chairman

Confederated Tribes of

the Grand Ronde Community of Oregon

DATE SIGNED: December 1, 1986.

BY:

Sande Schmidt, Attorney

Confederated Tribes of the

Grand Ronde Community of Oregon

DATE SIGNED: December 2, 1986.

BY:

Stanley Speaks

Portland Area Director

Bureau of Indian Affairs

Department of the Interior

United States of America

History

Statutory/Other Authority: ORS 496.138
Statutes/Other Implemented: ORS 506.129 & 507.030
DFW 142-2008, f. & cert. ef. 11-21-08
FWC 33-1987, f. & ef. 6-25-87

Or. Admin. R. 635-041-0610 Ceremonial Salmon and Steelhead Harvest at Willamette Falls

(1) Members of the Grand Ronde Community of Oregon (Tribe, for purposes of this rule) may harvest hatchery salmon and hatchery steelhead (salmonids, for the purposes of this rule) at Willamette Falls for ceremonial purposes, in accordance with these rules.

(2) The Director shall annually authorize the Ceremonial Salmonid Harvest by issuance of a Ceremonial Harvest Permit upon written request from the Tribe.

(3) Upon issuance of the Ceremonial Harvest Permit, the Director shall also issue up to 15 Ceremonial Harvest Tags (tags) to the Tribe. The tags shall:

(a) Be provided to the Tribe and may be used only by enrolled and authorized members of the Tribe under such terms and conditions as the Tribe may specify, consistent with the Ceremonial Harvest Permit.

(b) Authorize the harvest of one salmonid per tag, up to the maximum harvest of 15 salmonids per calendar year authorized by the Ceremonial Harvest Permit.

(A) Be in an area upstream of an imaginary line across the main channel of the Willamette River between the northeast corner of the farthest downstream building on Moores Island (commonly referred to as Mill A grinder room) and the southwest corner of the concrete structure on Black Point.

(B) Occur from the shore or from a single platform erected by the Tribe within the designated fishing area described in sub-section (A) above. The platform will be constructed at a location mutually agreed upon between the Director and the Tribe, but no closer than 75 feet of any fishway entrance.

(C) Be by dip net only. “Dip net” means a net with a mesh size no larger than five inches (measured from the inside of one vertical knot to the outside of the opposite vertical knot), attached to a hoop no larger than four feet in diameter and attached directly to a handle; dip nets shall be attended at all times.

(D) Occur from one hour before sunrise until one hour after sunset.

(d) Be carried in the field by Tribal Ceremonial Fishers along with Tribal identification and a Tribal hunting and fishing license. Tribal Ceremonial Fishers shall present these items to Department employees or law enforcement officers and permit the inspection of tribal catch and gear upon request. Tribal fishers designated to harvest salmon using Ceremonial Harvest Tags shall not be required to possess other State of Oregon licenses or Combined Angling Tags.

(e) Include such other conditions and limitations as the Director considers necessary, after consultation with the Tribe, to facilitate orderly prosecution of this or other fisheries or to protect fishery resources at the site.

(4) An authorized Tribal representative will provide at least two business days advanced written notification to the Oregon State Police and to the Director or the Director’s designee prior to each ceremonial salmon fishing occasion conducted pursuant to these rules and any time the Tribe will be accessing the fishing platform for maintenance, inspection, viewing, or other non-fishing purposes. The notice must include the name of individuals who will be accessing the platform or designated as Tribal Ceremonial Fishers and the names of any helpers who will be assisting or transporting fish. Helpers may not fish, are not required to be Tribal members, and need not possess the documentation required under section (3)(d) above.

(5) Each salmonid harvested shall be validated or tagged immediately upon landing with the Ceremonial Harvest Tag in accordance with requirements specified in the Ceremonial Harvest Permit. The Tag shall remain with the harvested fish at all times while in the field and during transit to the location of the tribal ceremony.

(6) Captured non-target fish must be immediately released back to the water unharmed.

(7) All harvest of salmonids by the Tribe pursuant to the Ceremonial Harvest Permit shall be reported to the Department within 30 days following the end date of the season specified in the permit. The harvest report shall include, at minimum, the number of fish harvested by species and the number of unmarked salmon and steelhead released.

(8) Salmon harvested under an authorized Ceremonial Harvest Permit may only be used by the Tribe or Tribal members for ceremonial and cultural purposes designated by the Tribe. Salmon and steelhead and parts thereof may not be bartered or sold.

(9) Authorization of this ceremonial harvest does not create, convey or imply any additional tribal legal or treaty entitlement, nor does it modify any existing agreement, treaty, or court decree.

History

Statutory/Other Authority: ORS 497.075, 496.138, 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.111
DFW 34-2016, f. & cert. ef. 4-25-16

Or. Admin. R. 635-041-0620 Grand Ronde Tribal Shellfish Licensing, Trask Unit

(1) Scope.

(a) The terms of this MOU apply only to the gathering of Shellfish (hereafter, “Shellfish” refers to the definition used by the Oregon Sport Fishing regulations) by Tribal Members.

(b) For purposes of this MOU, “Tribal Member” means any individual enrolled by the Confederated Tribes of the Grand Ronde Community of Oregon.

(2) Season and Species. Tribal Members may harvest any Shellfish species pursuant to this MOU during any times that State law authorizes non-commercial Shellfish harvest of that Shellfish species in the Location set forth in Section 3. Harvest limits shall be as specified in annual Oregon Sport Fishing Regulations.

(3) Location. The area included in this MOU is within, or in the ocean adjacent to, the following boundary:

(4) Gathering. Tribal Members may harvest Shellfish so long as:

(a) Harvest with No Waste/Non-commercial purpose. Tribal Members harvest Shellfish for non-commercial purposes with no waste, and no harvest for commercial purposes occurs.

(b) Permit. Upon entering this MOU, the State will annually issue a Special Gathering Permit (Permit) to Grand Ronde for Shellfish species. The annual State Special Gathering Permit will authorize the Tribe to issue permits or other documentation to eligible Tribal members that authorize Tribal members to gather Shellfish. The Tribe may attach additional conditions provided that any such conditions are consistent with Oregon Sport Fishing Regulations.

(c) Gear. Tribal Members will use methods of take as outlined in the Oregon Sport Fishing Regulations when gathering Shellfish, and gathering must be consistent with the requirements of the Oregon Sport Fishing Regulations.

(d) Inspection. Tribal Members will allow Oregon Department of Fish and Wildlife representatives and law enforcement officers the opportunity to inspect the applicable Tribal enrollment card or license and Tribal-issued permit or other documentation; gear and catch, upon request.

(5) License. The Permit conveys a State recreational shellfish license upon appropriately documented Tribal members consistent with Section 4.

(6) Existing Rights. This MOU does not create, convey or imply any additional tribal legal or treaty entitlement, nor does it modify any existing agreement, treaty, or court decree.

(7) Third Party Rights. This MOU is exclusively for the benefit of and governs only the respective authorities and relationships between Grand Ronde and the State, and does not create, grant, confer or diminish any rights whatsoever as to any third party, person, or entity.

(8) Effective Date. This MOU shall become effective when the State and Grand Ronde have adopted the necessary rules and resolutions, and both parties have executed the MOU.

(9) Termination.

(a) This MOU can be terminated in writing by mutual consent of Grand Ronde and the State.

(b) Either party may terminate this MOU for any reason. If the parties do not agree to jointly terminate the MOU, the party desiring termination shall deliver written notice of its intent to terminate to the contact listed above. The parties shall thereafter meet within 60 days of the date on the notice of intent to terminate in an effort to resolve the dispute. In the event the dispute is not resolved after the meeting, or the parties fail to meet within 60 days of the date on the notice of intent to terminate and do not jointly agree to a later meeting, either party may terminate this MOU by sending written notice of termination to the other party.

(c) If either party terminates this MOU, the current Permit will terminate 30 days after the effective date of termination.

History

Statutory/Other Authority: ORS 497.075
Statutes/Other Implemented: ORS 497.075
DFW 20-2022, adopt filed 02/25/2022, effective 02/25/2022

Division 42 COLUMBIA RIVER SYSTEM COMMERCIAL FISHERIES

Or. Admin. R. 635-042-0001 Management and Catch Reporting Areas

Management and Catch Reporting Zones shall include those waters of the Columbia River defined as follows:

(1) Zone 1 is easterly of a line projected from the knuckle of the south jetty on the Oregon bank to the inshore end of the north jetty on the Washington bank, and westerly of a line projected from a beacon light at Grays Point on the Washington bank to the flashing 4-second red buoy "44" off the easterly tip of Tongue Point on the Oregon bank.

(2) Zone 2 is easterly of a line projected from a beacon light at Grays Point on the Washington bank to the flashing 4-second red buoy "44" off the easterly tip of Tongue Point on the Oregon bank, and westerly of a line projected from the 4-second flashing green light "81" on the Washington bank to a boundary marker on the easterly end of the Beaver Terminal Pier in Oregon, including all waters of Grays Bay, those waters of Deep River downstream of the Highway 4 Bridge, all waters of Seal Slough, those waters of Grays River downstream of a line projected between fishing boundary markers on both banks at the Leo Reisticka farm, and those waters of Elokomin Slough and Elokomin River downstream of the Highway 4 Bridge.

(3) Zone 3 is easterly of a line projected from the 4-second flashing green light "81" on the Washington bank to a boundary marker on the easterly end of the Beaver Terminal Pier in Oregon, and westerly of a line projected true west from the east or upstream bank of the Lewis River mouth in Washington.

(4) Zone 4 is easterly of a line projected true west from the east or upstream bank of the Lewis River in Washington, and westerly of a line projected true north from Rooster Rock on the Oregon bank, and those waters of Camas Slough downstream of the western most powerline crossing at the James River Mill.

(5) Zone 5 is easterly of a line projected true north from Rooster Rock on the Oregon bank, and westerly of a line projected from a deadline marker on the Oregon bank (approximately four miles downstream from Bonneville Dam Powerhouse 1) in a straight line through the western tip of Pierce Island, to a deadline marker on the Washington bank at Beacon Rock.

(6) Area 2S is from a downstream boundary of a true north/south line through flashing red 4-second light "50" near the Oregon bank to an upstream boundary of a straight line from a deadline marker on the Oregon bank (approximately four miles downstream from Bonneville Dam Powerhouse 1) through the western tip of Pierce Island, to a deadline marker on the Washington bank at Beacon Rock.

History

Statutory/Other Authority: ORS 183.325, 496.118 & 506.119
Statutes/Other Implemented: ORS 506.129 & 507.030
DFW 142-2008, f. & cert. ef. 11-21-08
DFW 9-2007, f. & cert. ef. 2-14-07
FWC 90-1989, f. & cert. ef. 9-6-89
FWC 54-1989(Temp), f. & cert. ef. 8-7-89
FWC 10-1988, f. & cert. ef. 3-4-88

Or. Admin. R. 635-042-0005 Closed Areas

(1) Unless otherwise specified, the following waters of the Columbia River including all Oregon Columbia River tributaries are closed to the taking of fish for commercial purposes:

(2) The Columbia River from the ends of the jetties to a line projected from the knuckle of the south jetty on the Oregon bank to the inshore end of the north jetty on the Washington bank.

(3) An area at Grays Bay northerly of a line projected from the flashing green 4-second light at Rocky Point easterly to Harrington Point.

(4) The Columbia River within an area at the mouth of the Sandy River which is one-quarter mile in width extending out into the Columbia River from the Oregon bank at a right angle to the thread of the river between a point one mile below and a point at the upper easterly bank at the mouth of the Sandy River.

(5) An area near Elokomin Slough and Steamboat Slough to be described in-season as "Elokomin-A sanctuary" or "Elokomin-B sanctuary."

(a) "Elokomin-A sanctuary" means those waters of Elokomin Slough and the Columbia River lying northerly and easterly of a straight line from light "37" on the Washington shore to light "39" on Hunting Island.

(b) "Elokomin-B sanctuary" means those waters of Elokomin Slough, Steamboat Slough and the Columbia River lying inside, northerly and easterly of a straight line from light "35" (group flashing green) located on Price Island to light "39" (flashing green) on Hunting Island and northerly and easterly of a line between flashing light "33" on Price Island and quick flashing green light "31" on the Washington shore.

(6) An area at the mouth of Abernathy Creek extending out into the Columbia River from the Washington bank at a right angle to the thread of the Columbia River to midstream of the ship channel between points one-half mile above the upper easterly bank at the mouth of Abernathy Creek and 1,300 yards below Abernathy Creek at the 4‑second flashing green light "81."

(7) The Columbia River and Carrolls Channel lying inside the center of the shipping channel between a fishing boundary marker at the junction of the Port of Longview docks and international paper docks on the Washington shore approximately one mile downstream from the Cowlitz River mouth and flashing green light "29A" on Cottonwood Island and also those waters of Carrolls Channel downstream of a line between a fishing boundary marker approximately 3,000 feet upstream of the Cowlitz River mouth and a fishing boundary marker on Cottonwood Island.

(8) An area at the mouth of the Kalama River to be described in-season as "Kalama-A sanctuary" or "Kalama-B sanctuary:"

(a) "Kalama-A sanctuary" means those waters of the Columbia River between a fishing boundary marker on the Washington shore approximately one mile downstream and a point one-half mile upstream of the mouth of the Kalama River and lying within one-quarter mile of the Washington shore;

(b) "Kalama-B sanctuary" means those waters of the Columbia River between a fishing boundary marker on the Washington shore approximately one mile downstream and a point one-half mile upstream of the mouth of the Kalama River and extending completely across the Columbia River, excepting those waters west of a line projected from Coffin Rock Light "42" in Oregon to the Kalama Range Light "47A" on the Washington shore.

(9) An area at the mouth of the Lewis River to be described in-season as "Lewis-A sanctuary" or "Lewis-B sanctuary:"

(a) "Lewis-A sanctuary" means those waters of the Columbia River between a point one mile downstream and a point one-half mile upstream of the mouth of the Lewis River and lying within one-quarter mile of the Washington shore;

(b) "Lewis-B sanctuary" means those waters of the Columbia River near the mouth of the Lewis River lying easterly of lines projected from light "79" (flashing green) to the Red Buoy No. 4 thence to a fishing boundary marker on Bachelor Island.

(10) The Columbia River and Camas Slough north of Lady Island within the area enclosed by a line from the Washington bank due south to the west end of Lady Island, upstream along the shoreline of Lady Island to the highway bridge at the east end of Lady Island, across such bridge to the Washington bank.

(11) The Columbia River upstream of a line projected from a deadline marker on the Oregon bank to a deadline marker on the Washington bank, both such deadline markers located approximately five miles downstream from Bonneville Dam.

History

Statutory/Other Authority: ORS 183.325, ORS 496.118 & ORS 506.119
Statutes/Other Implemented: ORS 506.129 & ORS 507.030
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
DFW 6-2005, f. & cert. ef. 2-14-05
FWC 85, f. & ef. 1-28-77; FWC 2-1978, f. & ef. 1-31-78; FWC 7-1978, f. & ef. 2-21-78; FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0100; FWC 6-1980, f. & ef. 1-28-80; FWC 1-1981, f. & ef. 1-19-81; FWC 6-1982, f. & ef. 1-28-82; FWC 4-1984, f. & ef. 1-31-84; FWC 64-1986(Temp), f. & ef. 10-3-86; FWC 79-1986(Temp), f. & ef. 12-22-86; FWC 2-1987, f. & ef. 1-23-87; FWC 10-1988, f. & cert. ef. 3-4-88; FWC 86-1988(Temp), f. & cert. ef. 9-12-88; FWC 5-1989, f. 2-6-89, cert. ef. 2-7-89; FWC 54-1989(Temp), f. & cert. ef. 8-7-89; FWC 90-1989, f. & cert. ef. 9-6-89; FWC 94-1989 (Temp), f. 9-15-89, cert. ef. 9-17-89; FWC 80-1990(Temp), f. 8-7-90, cert. ef. 8-8-90

Or. Admin. R. 635-042-0007 Definitions

(1) For the purpose of Chapter 679, Oregon Laws 1979, "Columbia River gillnet salmon fishery" means commercial salmon gillnet fishing in the Columbia River below Bonneville Dam and all tributaries thereof, including Youngs Bay, wherein commercial salmon gillnet seasons are authorized by Department rules.

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

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

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

History

Statutory/Other Authority: ORS 183.325, 496.118 & 506.119
Statutes/Other Implemented: ORS 506.129 & 507.030
DFW 142-2008, f. & cert. ef. 11-21-08
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
FWC 4-1984, f. & ef. 1-31-84
FWC 6-1982, f. & ef. 1-28-82
FWC 1-1981, f. & ef. 1-19-81
FWC 15-1980, f. & ef. 4-16-80

Or. Admin. R. 635-042-0010 Temporary rule language in effect until 10/31/2026. Fishing Gear

(1) As used in these Columbia River fishing rules, gill net includes drift gill net, floater gill net, diver gill net, and is a monofilament or multifilament mesh net with a cork and lead line which is in a position to drift with the tide or current at all times while it is being fished. There must be sufficient buoyancy in the corks and/or floats on the cork line so the net is free to drift with the current. The lead or weight on the lead line of a gill net shall not exceed two pounds in total weight on any one fathom, measurement to be taken along the cork line of the net. However, should extra or added weights appear necessary to operate a net, permission to use in excess of two pounds weight per fathom of net may be granted by the Director upon written application which includes adequate justification for the additional leads or weights. Tangle nets are similar in design to drift gill nets but construction of the main net body is limited to single-wall multifilament web with a reduced mesh size. For tangle nets, red corks are required at 25-fathom intervals and must be in contrast to the corks used in the remainder of the net.

(2) It is unlawful:

(a) For a gill net or tangle net in whole or in part to be anchored, tied, staked, fixed, or attached to the bottom, shore, or a beached boat; left unattended at any time it is fished; or attended by more than one boat while being fished;

(b) To take any species of salmon from the Columbia River for commercial purposes by any means other than by gill net, beach seine, purse seine, pound net, or tangle net, except when authorized;

(d) To fish with or have on the boat while fishing a gill net which exceeds 1,500 feet in length;

(e) To fish with or have on the boat while fishing any gill net or tangle net of a mesh size not authorized for use at that time, except:

(A) During December 1-March 31:

(i) While fishing during open salmon and/or sturgeon seasons, smelt gill nets with a mesh size not more than two inches may be onboard the boat; and

(ii) While fishing during open smelt seasons, gill nets with a mesh size greater than two inches may be onboard the boat.

(B) Nets with a minimum mesh size of 9.0 inches may be onboard the boat.

(C) When specifically authorized, nets not lawful for use at that time and area may be onboard the boat if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater.

(f) Fish with or have on the boat while fishing any gill net of a mesh size greater than 9-3/4 inches, except that snagging nets as described in ORS 509.240 are permitted;

(g) Fish with or have on the boat while fishing a gill net or tangle net which does not meet the construction requirements for a gill net as set forth in section (1) of this rule, except while fishing during the Tongue Point Select Area Salmon Season (OAR 635-042-0170) gill nets with leadline in excess of two pounds per fathom may be stored on the boat.

(3) The mesh size of any gill net is determined only after the meshes are wet from soaking in water not less than one hour. Three consecutive meshes are then placed under ten pounds of vertical tension and the measurement is taken from the inside of one vertical knot to the outside of the opposite vertical knot of the center mesh. For tangle nets, mesh size is determined by placing three consecutive meshes under hand tension and the measurement is taken from the inside of one knot to the inside of the opposite knot of the center mesh. Hand tension means sufficient linear tension to draw opposing knots of meshes into contact.

(4) As used in these rules, "slackers" means a single piece of material or cord, not webbing or mesh, connected vertically or woven in the mesh of the net between the cork and lead lines. It is used to tie netting in a shortened state to give the net surface flexibility.

(5) Nets fished any time between official sunset and sunrise must have lighted buoys on both ends of the net. If the net is attached to the boat, then one lighted buoy on the end of the net opposite the boat is required.

(6) The use of a “chafing strip panel” attached to the bottom of the net is allowed. A “chafing strip panel” consists of no more than 60 inches of non-mono-filament webbing (such as nylon seine web or polyethylene trawl web) with a maximum mesh size of 3.5 inches stretched measure for beach seines and 5 inches stretched measure for purse seines. There are no restrictions associated with hangings used to connect the net to the chafing panel or the net or chafing panel to the leadline or corkline.

History

Statutory/Other Authority: ORS 183.325, ORS 506.109 & ORS 506.119
Statutes/Other Implemented: ORS 506.129 & ORS 507.030
DFW 71-2026, temporary amend filed 07/29/2026, effective 08/03/2026 through 10/31/2026
DFW 65-2025, temporary amend filed 08/01/2025, effective 08/04/2025 through 10/31/2025
DFW 65-2024, temporary amend filed 08/01/2024, effective 08/01/2024 through 12/31/2024
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
DFW 108-2016(Temp), f. 8-17-16, cert. ef. 8-22-16 thru 9-30-16
FWC 85, f. & ef. 1-28-77; FWC 2-1978, f. & ef. 1-31-78; FWC 7-1978, f. & ef. 2-21-78; FWC 23-1978, f. & ef. 5-478; FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0110; FWC 6-1980, f. & ef. 1-28-80; FWC 1-1981, f. & ef. 1-19-81; FWC 13-1981, f. & ef. 4-3-81; FWC 6-1982, f. & ef. 1-28-82; FWC 4-1984, f. & ef. 1-31-84; FWC 2-1985, f. & ef. 1-30-85; FWC 79-1986(Temp), f. & ef. 12-22-86; FWC 2-1987, f. & ef. 1-23-87; FWC 11-1993, f. 2-11-93, cert. ef. 2-16-93; FWC 9-1994, f. 2-14-94, cert. ef. 2-15-94; DFW 8-1998(Temp), f. & cert. ef. 2-5-98 thru 2-28-98; DFW 14-1998, f. & cert. ef. 3-3-98; DFW 42-2000, f. & cert. ef. 8-3-00; DFW 9-2007, f. & cert. ef. 2-14-07; DFW 13-2007(Temp), f. & cert. ef. 3-6-07 thru 9-1-07; Administrative correction, 9-16-07; DFW 10-2008, f. & cert. ef. 2-11-08; DFW 23-2011, f. & cert. ef. 3-21-11; DFW 121-2014(Temp), f. & cert. ef. 8-13-14 thru 9-30-14; Administrative correction, 10-24-14; DFW 107-2015(Temp), f. 8-13-15, cert. ef. 8-24-15 thru 9-30-15; Administrative correction, 10-22-15

Or. Admin. R. 635-042-0015 Closed Season

It is unlawful to take any fish for commercial purposes from the Columbia River except during the times, in the areas, with the gear, and for the species as provided in these rules.

History

Statutory/Other Authority: ORS 506 & 507
Statutes/Other Implemented: ORS 506 & 507
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
FWC 4-1984, f. & ef. 1-31-84
FWC 6-1982, f. & ef. 1-28-82
FWC 1-1981, f. & ef. 1-19-81
FWC 6-1980, f. & ef. 1-28-80
FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0200
FWC 7-1978, f. & ef. 2-21-78
FWC 2-1978, f. & ef. 1-31-78
FWC 85, f. & ef. 1-28-77

Or. Admin. R. 635-042-0022 Spring Chinook Gillnet and Tangle Net Fisheries

(1) Adipose fin-clipped Chinook salmon, sturgeon and shad may be taken by gillnet or tangle net for commercial purposes from the mouth of the Columbia River upstream to Kelley Point (Zones 1, 3 and part of Zone 4).

(a) Individual fishing periods will not exceed sixteen hours in length during small mesh fisheries and twenty-four hours in length during large mesh fisheries. Fishing periods may occur on Tuesdays and Thursdays, depending upon results from test fisheries or full fleet fisheries conducted prior to each specified weekday.

(b) White sturgeon possession and sales restrictions by each participating vessel will be determined inseason based on gear type and number of fish remaining on the fish guideline.

(2) An adipose fin clip salmon is defined as a hatchery salmon with a clipped adipose fin and having a healed scar at the location of the fin. The adipose fin is the small fatty fin on salmonids located between the dorsal fin and tail.

(3) During the spring Chinook gillnet fishery:

(a) It is unlawful to use a gillnet having a mesh size less than 8 inches or more than 9-3/4 inches.

(b) Mesh size for the fishery is determined as described in OAR 635-042-0010(4).

(4) During the spring Chinook tangle net fishery:

(a) It is unlawful to use other than a single-wall multi-filament net. Monofilament tangle nets are not allowed. Maximum mesh size is 4-1/4 inches stretched taut.

(b) Mesh size is determined by placing three consecutive meshes under hand tension and the measurement is taken from the inside of one vertical knot to the outside of the opposite vertical knot of the center mesh. Hand tension means sufficient linear tension to draw opposing knots of meshes into contact.

(5) Nets shall not exceed 900 feet (150 fathoms) in length. A red cork must be placed on the corkline every 25 fathoms as measured from the first mesh of the net. Red corks at 25 fathom intervals must be in color contrast to the corks used in the remainder of the net.

(6) On tangle nets, an optional use of a steelhead excluder panel of mesh may be hung between the corkline and the 4-1/4 inch maximum mesh size tangle net. The excluder panel web must be a minimum mesh size of 12 inches when stretched taut under hand tension. Monofilament mesh is allowed for the excluder panel. The excluder panel (including any associated hangings) must be a minimum of 5 linear feet in depth and not exceed 10 linear feet in depth, as measured from the corkline to the upper margin of the tangle net mesh as the net hangs naturally from a taut corkline. Weedlines or droppers (bobber-type) may be used in place of the steelhead excluder panel. A weedline-type excluder means the net is suspended below the corkline by lines of no less than five feet in length between the corkline and the upper margin of the tangle net. A dropper-type excluder means the entire net is suspended below the surface of the water by lines of no less than five feet in length extending from individual surface floats to a submersed corkline. The corkline cannot be capable of floating the net in its entirety (including the leadline) independent of the attached floats. Weedlines or droppers must extend a minimum of 5 feet above the 4-1/4 inch maximum mesh size tangle net.

(a) Tangle nets constructed with a steelhead excluder panel, weedlines, or droppers, may extend to a maximum length of 1,050 feet (175 fathoms).

(b) Tangle nets constructed with a steelhead excluder panel, weedlines, or droppers, along with a red cork every 25 fathoms as required in section (5) above, must have two red corks at each end of the net.

(7) There are no restrictions on the hang ratio. The hang ratio is used to horizontally add slack to the net. The hang ratio is determined by the length of the web per length of the corkline.

(8) There are no restrictions on the use of slackers or stringers to slacken the net vertically.

(9) Nets shall be fished for no longer than 45 minutes per set. The time of fishing is measured from when the first mesh of the net is deployed into the water until the last mesh of the net is fully retrieved from the water.

(10) It is unlawful for a net in whole or in part to be anchored, tied, staked, fixed, or attached to the bottom, shore, or a beached boat; left unattended at any time it is fished; or attended by more than one boat while being fished.

(11) It is unlawful to fish more than one net from a licensed commercial fishing boat at any one time.

(12) Nets fished from sunset to sunrise shall have lighted buoys on both ends of the net unless the net is attached to the boat then one lighted buoy on the opposite end of the net from the boat is required.

(13) Non-legal sturgeon, nonadipose fin-clipped Chinook salmon, and steelhead must be released immediately with care and the least possible injury to the fish to the river without violence or into an operating recovery box.

(a) One operating recovery box with two chambers or two operating recovery boxes with one chamber each to aid survival of released fish must be on board each fishing vessel participating in the fishery. Recovery boxes shall be operating during any time that a net is being retrieved or picked.

(b) All salmon and steelhead that are bleeding, in lethargic condition, or appearing dead must be placed in the recovery box for rehabilitation purposes prior to release to the river.

(c) Each chamber of the recovery box must meet the following dimensions as measured from within the box; the inside length measurement must be at or within 39 1/2 to 48 inches, the inside width measurement must be at or within 8 to 10 inches, and the inside height measurement must be at or within 14 to 16 inches.

(d) Each chamber of the recovery box must include an operating water pumping system capable of delivering a minimum flow of 16 gallons per minute not to exceed 20 gallons per minute of fresh river water into each chamber. The fisher must demonstrate to the Department and Washington Department of Fish and Wildlife employees, fish and wildlife enforcement officers, or other peace officers, upon request, that the pumping system is delivering the proper volume of fresh river water into each chamber.

(e) Each chamber of the recovery box must include a water inlet hole between 3/4 inch and 1 inch in diameter, centered horizontally across the door or wall of chamber and 1-3/4 inches from the floor of the chamber.

(f) Each chamber of the recovery box must include a water outlet that is at least 1-1/2 inches in diameter. The center of the outlet hole must be located a minimum of 12 inches above the floor of the box or chamber, on either the same or opposite end as the inlet.

(g) All fish placed in recovery boxes must be released to the river prior to landing or docking.

(14) At least one fisher on each boat engaged in the fishery must have in possession a valid certificate issued by a representative of the Department or the Washington Department of Fish and Wildlife that indicates the fisher had attended a one-day workshop hosted by the Department or Washington Department of Fish and Wildlife to educate fishers on regulations and best methods for conduct of the fishery. No individual may obtain more than one Live Capture Fishery Certificate. The certificate must be displayed to the Department and Washington Department of Fish and Wildlife employees, fish and wildlife enforcement officers, or other peace officers upon request.

(15) Nothing in this section sets any precedent for any fishery after the 2006 spring Chinook fishery. The fact that an individual held a Live Capture Fishery Certificate in spring 2006 does not entitle the certificate holder to participate in any other fishery. If the Department authorizes a Live Capture fishery in the spring or at any other time, the Department may establish qualifications and requirements that are different from those established for 2006. In particular, the Department may consider an individual’s compliance with these rules in determining that individual’s eligibility to participate in any future Live Capture fisheries.

(16) As authorized by OAR-635-006-0140 owners or operators of commercial fishing vessels must cooperate with Department fishery observers, or observers collecting data for the Department, when asked by the Department to carry and accommodate an observer on fishing trips for observation and sampling during an open fishery.

(17) Closed waters, as described in OAR 635-042-0005 for Grays River, Elokomin-B sanctuary, Abernathy Creek, Cowlitz River, Kalama-B sanctuary, and Lewis-B sanctuary are in effect during the open fishing periods identified.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.129 & 507.030
DFW 33-2024, temporary amend filed 05/16/2024, effective 05/20/2024 through 07/31/2024
DFW 53-2022, temporary amend filed 05/20/2022, effective 05/23/2022 through 05/24/2022
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 64-2016(Temp), f. 6-2-16, cert. ef. 6-7-16 thru 7-31-16
DFW 60-2016(Temp), f. 5-26-16, cert. ef. 5-31-16 thru 7-31-16
DFW 53-2016(Temp), f. 5-19-16, cert. ef. 5-23-16 thru 7-31-16
DFW 47-2016(Temp), f. & cert. ef. 5-11-16 thru 7-31-16
DFW 25-2016(Temp), f. 4-4-16, cert. ef. 4-5-16 thru 7-31-16
DFW 23-2016(Temp), f. & cert. ef. 3-28-16 thru 7-31-16
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 62-2015(Temp), f. 6-9-15, cert. ef. 6-10-15 thru 6-11-15
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 57-2015(Temp), f. & cert. ef. 6-2-15 thru 6-3-15
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 51-2015(Temp), f. & cert. ef. 5-27-15 thru 5-28-15
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 43-2015(Temp), f. & cert. ef. 5-12-15 thru 5-13-15
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 39-2015(Temp), f. & cert. ef. 5-6-15 thru 5-7-15
DFW 36-2015(Temp), f. 5-1-15, cert. ef. 5-4-15 thru 5-5-15
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 24-2015(Temp), f. 4-6-15, cert. ef. 4-7-15 thru 4-8-15
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 22-2015(Temp), f. 3-30-15, cert. ef. 3-31-15 thru 4-1-15
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 55-2014(Temp), f. 6-3-14, cert. ef. 6-4-14 thru 7-31-14
DFW 50-2014(Temp), f. & cert. ef. 5-28-14 thru 7-31-14
DFW 43-2014(Temp), f. 5-14-14, cert. ef. 5-20-14 thru 7-31-14
DFW 38-2014(Temp), f. & cert. ef. 5-7-14 thru 7-31-14
DFW 28-2014(Temp), f. 3-31-14, cert .ef. 4-1-14 thru 7-31-14
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 45-2013(Temp), f. & cert. ef. 5-29-13 thru 6-15-13
DFW 37-2013(Temp), f. & cert. ef. 5-22-13 thru 5-31-13
DFW 34-2013(Temp), f. 5-14-13, cert. ef. 5-15-13 thru 7-31-13
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 27-2013(Temp), f. 4-8-13, cert. ef. 4-9-13 thru 4-30-13
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 32-2012(Temp), f. 4-9-12, cert. ef. 4-10-12 thru 4-30-12
DFW 29-2012(Temp), f. 4-2-12, cert. ef. 4-3-12 thru 4-30-12
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 51-2011(Temp), f. & cert. ef. 5-18-11 thru 6-30-11
DFW 45-2011(Temp), f. & cert. ef. 5-12-11 thru 6-30-11
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 27-2011(Temp), f. 4-5-11, cert. ef. 4-6-11 thru 4-10-11
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 25-2011(Temp), f. & cert. ef. 3-29-11 thru 4-1-11
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 41-2010(Temp), f. 4-6-10, cert. ef. 4-7-10 thru 4-30-10
DFW 38-2010(Temp), f. & cert. ef. 3-30-10 thru 4-30-10
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 36-2009(Temp), f. 4-13-09, cert. ef. 4-14-09 thru 4-30-09
DFW 34-2009(Temp), f. 4-6-09, cert. ef. 4-7-09 thru 4-30-09
DFW 30-2009(Temp), f. 3-23-09, cert. ef. 3-27-09 thru 4-30-09
DFW 142-2008, f. & cert. ef. 11-21-08
Reverted to DFW 9-2007, f. & cert. ef. 2-14-07
Suspended by DFW 71-2008(Temp), f. 6-27-08, cert. ef. 6-28-08 thru 8-31-08
DFW 34-2008(Temp), f. 4-14-08, cert. ef. 4-15-08 thru 9-27-08
DFW 33-2008(Temp), f. 4-7-08, cert. ef. 4-8-08 thru 9-27-08
DFW 31-2008(Temp), f. 3-31-08, cert. ef. 4-1-08 thru 9-27-08
Reverted to DFW 9-2007, f. & cert. ef. 2-14-07
DFW 44-2007(Temp), f. & cert. ef. 6-14-07 thru 9-17-07
DFW 19-2007(Temp), f. & cert. ef. 3-22-07 thru 9-17-07
DFW 17-2007(Temp), f. & cert. ef. 3-20-07 thru 9-15-07
DFW 13-2007(Temp), f. & cert. ef. 3-6-07 thru 9-1-07
DFW 9-2007, f. & cert. ef. 2-14-07
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 35-2006(Temp), f. & cert. ef. 5-30-06 thru 7-31-06
DFW 32-2006(Temp), f. & cert. ef. 5-23-06 thru 7-31-06
DFW 30-2006(Temp), f. & cert. ef. 5-18-06 thru 7-31-06
DFW 29-2006(Temp), f. & cert. ef. 5-16-06 thru 7-31-06
DFW 12-2006(Temp), f. 3-13-06, cert. ef. 3-14-06 thru 7-31-06
DFW 11-2006(Temp), f. & cert. ef. 3-9-06 thru 7-31-06
DFW 10-2006(Temp), f. 3-6-06, cert. ef. 3-7-06 thru 7-31-06
DFW 9-2006(Temp), f. 3-1-06, cert. ef. 3-2-06 thru 7-31-06
DFW 7-2006(Temp), f. & cert. ef. 2-23-06 thru 7-31-06
DFW 5-2006, f. & cert. ef. 2-15-06
Reverted to DFW 6-2005, f. & cert. ef. 2-14-05
DFW 21-2005(Temp), f. & cert. ef. 3-31-05 thru 4-1-05
DFW 20-2005(Temp), f. & cert. ef. 3-29-05 thru 3-30-05
Reverted to DFW 6-2005, f. & cert. ef. 2-14-05
DFW 18-2005(Temp), f. & cert. ef. 3-15-05 thru 3-21-05
DFW 14-2005(Temp), f. & cert. ef. 3-10-05 thru 7-31-05
DFW 13-2005(Temp), f. & cert. ef. 3-7-05 thru 7-31-05
DFW 11-2005(Temp), f. 3-2-05, cert. ef. 3-3-05 thru 7-31-05
DFW 9-2005(Temp), f. & cert. ef. 3-1-05 thru 7-31-05
DFW 6-2005, f. & cert. ef. 2-14-05
Reverted to DFW 11-2004, f. & cert. ef. 2-13-04
DFW 27-2004(Temp), f. & cert. ef. 3-29-04 thru 7-31-04
DFW 26-2004(Temp), f. & cert. ef. 3-25-04 thru 7-31-04
DFW 25-2004(Temp), f. 3-22-04, cert. ef. 3-23-04 thru 7-31-04
DFW 21-2004(Temp), f. & cert. ef. 3-18-04 thru 7-31-04
DFW 20-2004(Temp), f. & cert. ef. 3-15-04 thru 7-31-04
DFW 18-2004(Temp), f. & cert. ef. 3-10-04 thru 7-31-04
DFW 16-2004(Temp), f. & cert. ef. 3-8-04 thru 7-31-04
DFW 13-2004(Temp), f. & cert. ef. 3-3-04 thru 7-31-04
DFW 12-2004(Temp), f. & cert. ef. 3-1-04 thru 7-31-04
DFW 11-2004, f. & cert. ef. 2-13-04

Or. Admin. R. 635-042-0025 Sockeye Season

Reserve number.

History

Statutory/Other Authority: ORS 496.118 & ORS 506.119
Statutes/Other Implemented: ORS 506.129 & ORS 507.030
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
DFW 71-2008(Temp), f. 6-27-08, cert. ef. 6-28-08 thru 8-31-08
FWC 27-1984(Temp), f. & ef. 6-22-84; FWC 28-1985 (Temp), f. & ef. 6-21-85; FWC 24-1986, f. & ef. 6-20-86; FWC 30-1987, f. & ef. 6-19-87; FWC 32-1987(Temp), f. & ef. 6-23-87; FWC 35-1987(Temp), f. & ef. 6-29-87; FWC 48-1988, f. & cert. ef. 6-21-88; FWC 49-1988(Temp), f. & cert. ef. 6-23-88; DFW 36-2000(Temp), f. 6-28-00, cert. ef. 6-28-00 thru 7-1-00; Administrative correction, 6-21-01; DFW 51-2001(Temp), f. 6-22-01, cert. ef. 6-25-01 thru 6-28-01; DFW 54-2001(Temp), f. & cert. ef. 6-27-01 thru 6-28-01; DFW 63-2004(Temp), f. 6-29-04, cert. ef. 6-30-04 thru 7-3-04

Or. Admin. R. 635-042-0027 Summer Salmon Season

The summer commercial salmon season in the Columbia River downstream of Bonneville Dam is assessed annually based on stock status and allocation policies. Harvest opportunity and gear regulations will be established by inseason modification.

History

Statutory/Other Authority: ORS 496.118, ORS 506.109 & ORS 506.129
Statutes/Other Implemented: ORS 506.119 & ORS 507.030
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 89-2016(Temp), f. 7-7-16, cert. ef. 7-11-16 thru 7-31-16
DFW 72-2016(Temp), f. 6-13-16, cert. ef. 6-16-16 thru 7-31-16
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 91-2015(Temp), f. 7-20-15, cert. ef. 7-21-15 thru 7-31-15
Suspended by DFW 86-2015(Temp), f. & cert. ef. 7-14-15 thru 7-31-15
DFW 84-2015(Temp), f. 7-7-15, cert. ef. 7-8-15 thru 7-31-15
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 72-2015(Temp), f. 6-15-15, cert. ef. 6-17-15 thru 6-30-15
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 102-2014(Temp), f. 7-23-14, cert. ef. 7-28-14 thru 7-31-14
DFW 93-2014(Temp), f. 7-10-14, cert. ef. 7-14-14 thru 7-31-14
DFW 84-2014(Temp), f. 7-2-14, cert. ef. 7-7-14 thru 7-31-14
DFW 67-2014(Temp), f. 6-12-14, cert. ef. 6-16-14 thru 7-31-14
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 72-2013(Temp), f. 7-11-13, cert. ef 7-15-13 thru 7-31-13
DFW 56-2013(Temp), f. 6-12-13, cert. ef. 6-16-13 thru 7-31-13
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 67-2012(Temp), f. 6-14-12, cert. ef. 6-17-12 thru 7-31-12
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 67-2011(Temp), f. 6-14-11, cert. ef. 6-16-11 thru 7-31-11
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 81-2010(Temp), f. 6-14-10, cert. ef. 6-17-10 thru 7-31-10
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 72-2009(Temp), f. 6-15-09, cert. ef. 6-18-09 thru 7-31-09
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 75-2008(Temp), f. 7-3-08, cert. ef. 7-7-08 thru 7-31-08
DFW 63-2008(Temp), f. 6-13-08, cert. ef. 6-24-08 thru 7-31-08
DFW 68-2008(Temp), f. 6-20-08, cert. ef. 6-21-08 thru 8-31-08
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 52-2007(Temp), f. & cert. ef. 7-6-07 thru 7-31-07
DFW 45-2007(Temp), f. 6-15-07, cert. ef. 6-25-07 thru 7-31-07
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 68-2006(Temp), f. 7-28-06, cert. ef. 7-30-06 thru 7-31-06
DFW 63-2006(Temp), f. 7-14-2006, cert. ef. 7-16-06 thru 7-31-06
DFW 57-2006(Temp), f. 7-5-06, cert. ef. 7-6-06 thru 7-31-06
DFW 51-2006(Temp), f. & cert. ef. 6-29-06 thru 7-31-06
DFW 47-2006(Temp), f. 6-20-06, cert. ef. 6-26-06 thru 7-31-06
DFW 5-2006, f. & cert. ef. 2-15-06

Or. Admin. R. 635-042-0031 Temporary rule language in effect until 10/31/2026. Early Fall Salmon Season

The early fall commercial salmon season in the Columbia River downstream of Bonneville Dam is assessed annually based on stock status and allocation policies. Harvest opportunity and gear regulations will be established by in-season modification.

(1) Salmon (except chum) and shad may be taken for commercial purposes in Zones 4 and 5, with the following exceptions:

(a) The deadline at the lower end of Zone 4 is defined as a straight line projected from the Warrior Rock Lighthouse on the Oregon shore easterly through the green navigation Buoy #1 and continuing to the Washington shore.

(b) Sanctuaries include the Washougal and Sandy river-mouth sanctuaries as described in 635-042-0005.

(A) 9:00 p.m. August 5 through 6:00 a.m. August 6;

(B) 9:00 p.m. August 9 through 6:00 a.m. August 10;

(D) 9:00 p.m. August 13 through 6:00 a.m. August 14;

(E) 9:00 p.m. August 16 through 6:00 a.m. August 17;

(F) 9:00 p.m. August 18 through 6:00 a.m. August 19;

(G) 9:00 p.m. August 20 through 6:00 a.m. August 21;

(H) 9:00 p.m. August 24 through 6:00 a.m. August 25;

(I) 9:00 p.m. August 26 through 6:00 a.m. August 27; and

(J) 9:00 p.m. August 30 through 6:00 a.m. August 31.

(d) Gear is restricted as follows:

(A) Only drift gillnets with a 9-inch minimum mesh size are allowed; and

(B) Nets not authorized for this fishery may not be onboard.

(2) Adipose fin-clipped Chinook salmon, adipose fin-clipped coho salmon, sockeye salmon, pink salmon, and shad may be taken for commercial purposes in the mainstem Columbia River in Zones 1-3 with seine gear by those individuals possessing the proper licenses or permits issued by Oregon or Washington authorizing participation in the 2026 Emerging Commercial Fishery established through WAC 220-360-500. The required licenses and/or permits are an Emerging Fishery license and Experimental Fishery Permit issued by Washington or an Experimental Gear Permit issued by Oregon.

(a) The fishery is open:

(A) From 7:00 a.m. to 7:00 p.m. on weekdays from August 3 through October 16, except for closure on September 7 (Labor Day holiday).

(B) Notwithstanding the open hours shown in (2)(a)(A), active fishing may only occur for eight consecutive hours within each 12-hour period.

(b) Sanctuaries: Elokomin-B, Cowlitz, Kalama-B, and Lewis-B river-mouth sanctuaries as described in 635-042-0005 and Select Area commercial fishing sites.

(A) Beach or purse seine gear is allowed. Only one net is allowed per primary vessel.

(B) Mesh size restricted to a 3.5-inch maximum (inside of knot to outside of knot using hand tension stretched measure).

(D) Seines may include a bunt of 1.0-2.0 inch knotless mesh.

(E) Net length not to exceed 200 fathoms (not including associated lead nets) and depth not to exceed 200 meshes (approximately 50 feet).

(F) No restrictions on corkline, leadline or use of stringers and slackers.

(G) A chafing strip panel consisting of non-monofilament webbing (such as nylon seine web or polyethylene trawl web) is allowed on bottom of net; maximum panel depth is five feet. Chafing mesh not to exceed 3.5-inch stretched measure for beach seines and 5-inch stretched measure for purse seines. There are no restrictions associated with hangings used to connect the net to the chafing panel or the net or chafing panel to the leadline or corkline.

(H) Red corks are required at 25-fathom intervals and red corks must be in contrast to the corks used in the remainder of the net.

(I) The use of one optional lead net is allowed per fishing operation. Lead nets may not exceed 100 fathoms in length or be vertically slackened. Seine and lead lines may not be connected. Lead nets must be retrieved daily. Lead nets may be constructed in either of the following configurations:

(i) 3.5-inch maximum mesh size webbing constructed with 3-strand nylon twine greater than or equal to #12; or

(ii) 14-inch minimum mesh size webbing constructed with nylon or cotton twine.

(d) Allowable sales are subject to Individual Fishing Quotas (as defined in the 2026 Experimental Fishery or Experimental Gear permits referenced in (2)). Retained Chinook and coho salmon must have a healed scar at the location of the clipped adipose fin. All legal adult Chinook and legal adult coho salmon caught must be kept and sold. Adult Chinook salmon are equal to or greater than 24-inches in total length. Adult coho salmon are equal to or greater than 20-inches in total length.

(e) Hand sorting or use of a knotless dip net is required for sorting. All fish must be sorted and/or released prior to removing entire seine from the water. Dry sorting is not permitted.

(f) Sort time is not to exceed 75 minutes:

(A) For beach seines, sort time is defined as the elapsed time from when the outer towed end of the net first contacts the shore or block until the net is emptied of fish.

(B) For purse seines, sort time is defined as the elapsed time from when all rings are pursed and out of the water until the net is emptied of fish.

(g) As a condition of fishing, an Oregon or Washington Department of Fish and Wildlife observer must be present at all times during fishing operations. Cooperation is required and includes transportation of observers to and from fishing site.

(3) Adipose fin-clipped Chinook salmon, adipose fin-clipped coho salmon, sockeye salmon, pink salmon, and shad may be taken for commercial purposes in the mainstem Columbia River in Zones 1-2 with a pound net by those individuals possessing the proper licenses or permits issued by Oregon or Washington authorizing participation in the 2026 Emerging Commercial Fishery established through WAC 220-360-500. The required licenses and/or permits are an Emerging Fishery license and Experimental Fishery Permit issued by Washington or an Experimental Gear Permit issued by Oregon.

(a) The fishery is open:

(A) From 7:00 a.m. to 7:00 p.m. on weekdays from August 3 through October 16, except for closure on September 7 (Labor Day holiday).

(B) Notwithstanding the open hours shown in (3)(a)(A), active fishing may only occur for eight consecutive hours within each 12-hour period.

(b) Legal gear is a pound net as described here:

(A) Lead and jigger netting may be no larger than 3 1/8-inch stretch mesh.

(B) The heart, spiller, tunnel, and live well (sorting chamber) netting may be no larger than 2 ½-inch stretch mesh.

(C) Pound net may have an optional apron of webbing no larger than 2 ½ inch stretch mesh extending out flat along the river bottom from the bottom of all netting components. The apron may not exceed 3 feet in depth on the lead and jigger, and the apron may not exceed 6 feet in depth on the heart. Aprons must be anchored or weighed down in a manner sufficient to hold the apron to the river bottom.

(D) Optional marine mammal gates may be used to prevent marine mammals from entering the heart during active fishing.

(E) When not actively fishing for less than 24 hours, the following configuration must be put in place to allow fish free passage and to prevent unintended corralling of fish in heart compartment:

(i) The opening of the heart along the lead must remain open. All spillers (pots) and live wells must be moved (i.e., lifted, removed, etc.,) in a manner that creates an opening providing egress from the heart.

(ii) A midpoint panel of the lead or the panel nearest to the shore must be lifted or removed to provide free passage around the lead. If the shore panel is chosen to be lifted/removed, the minimum water depth at the nearest shore piling with netting shall be no less than 10 feet at any given point in the tide.

(F) When not actively fishing for more than 24 hours but less than 72 hours, the following configuration must be put in place to allow fish free passage and to prevent unintended corralling of fish in heart compartment:

(ii) A midpoint panel of the lead and the panel nearest to the shore must be lifted or removed to provide free passage around the lead. The minimum water depth at the nearest shore piling with netting shall be no less than 10 feet at any given point in the tide.

(iii) Spot checks must be conducted daily by the permit holder during which a logbook must be filled out. A WDFW or ODFW observer may be present during these daily spot checks.

(G) While not actively fishing for more than 72 hours but less than 120 hours, all netting must be raised above the high-water line.

(H) If the gear will not be fished for more than 120 hours, in addition to initially raising the netting above the high-water line, all netting must be removed from the piling within five days.

(c) Allowable sales are subject to Individual Fishing Quotas (as defined in the 2026 Experimental Fishery or Experimental Gear permits referenced in (3)). Retained Chinook and coho salmon must have a healed scar at the location of the clipped adipose fin. All legal adult Chinook and legal adult coho salmon caught must be kept and sold. Adult Chinook salmon are equal to or greater than 24-inches in total length. Adult coho salmon are equal to or greater than 20-inches in total length.

(d) Hand sorting or use of a knotless dip net is required for sorting. Dry sorting is not permitted.

(e) As a condition of fishing, an Oregon or Washington Department of Fish and Wildlife observer must be present at all times during fishing operations. Cooperation is required and includes transportation of observers to and from fishing site.

History

Statutory/Other Authority: ORS 496.118, ORS 506.109 & ORS 506.129
Statutes/Other Implemented: ORS 506.119 & ORS 507.030
DFW 71-2026, temporary amend filed 07/29/2026, effective 08/03/2026 through 10/31/2026
DFW 96-2025, temporary amend filed 10/03/2025, effective 10/06/2025 through 10/31/2025
DFW 65-2025, temporary amend filed 08/01/2025, effective 08/04/2025 through 10/31/2025
DFW 76-2024, temporary amend filed 09/11/2024, effective 09/12/2024 through 12/31/2024
DFW 65-2024, temporary amend filed 08/01/2024, effective 08/01/2024 through 12/31/2024
DFW 76-2023, temporary amend filed 08/01/2023, effective 08/01/2023 through 12/31/2023
DFW 99-2022, temporary amend filed 07/28/2022, effective 08/01/2022 through 12/31/2022
DFW 109-2021, temporary amend filed 07/29/2021, effective 08/09/2021 through 09/02/2021
DFW 111-2020, temporary amend filed 08/28/2020, effective 08/31/2020 through 12/31/2020
DFW 100-2020, temporary amend filed 08/04/2020, effective 08/04/2020 through 12/31/2020
DFW 125-2019, temporary amend filed 08/28/2019, effective 08/28/2019 through 08/29/2019
DFW 118-2019, temporary amend filed 08/14/2019, effective 08/14/2019 through 08/29/2019
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
DFW 124-2018, temporary amend filed 08/29/2018, effective 08/29/2018 through 12/31/2018
DFW 115-2018, temporary amend filed 08/16/2018, effective 08/21/2018 through 12/31/2018
DFW 113-2017(Temp), f. & cert. ef. 8-18-17 thru 12-31-17
DFW 126-2016(Temp), f. & cert. ef. 9-27-16 thru 9-30-16
DFW 124-2016(Temp), f. & cert. ef. 9-23-16 thru 9-30-16
DFW 121-2016(Temp), f. 9-15-16, cert. ef. 9-16-16 thru 9-30-16
DFW 113-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 9-30-16
DFW 109-2016(Temp), f. 8-25-16, cert. ef. 8-28-16 thru 9-30-16
DFW 108-2016(Temp), f. 8-17-16, cert. ef. 8-22-16 thru 9-30-16
DFW 100-2016(Temp), f. 8-2-16, cert. ef. 8-7-16 thru 8-31-16
DFW 126-2015(Temp), f. 9-10-15, cert. ef. 9-15-15 thru 9-30-15
DFW 124-2015(Temp), f. 9-2-15, cert. ef. 9-4-15 thru 9-30-15
DFW 119-2015(Temp), f. 8-28-15, cert. ef. 8-31-15 thru 9-30-15
DFW 116-2015(Temp), f. 8-28-15, cert. ef. 8-30-15 thru 9-30-15
DFW 107-2015(Temp), f. 8-13-15, cert. ef. 8-24-15 thru 9-30-15
DFW 101-2015(Temp), f. 8-5-15, cert. ef. 8-9-15 thru 8-31-15
DFW 138-2014(Temp), f. 9-24-14, cert. ef. 9-25-14 thru 10-31-14
DFW 137-2014(Temp), f. & cert. ef. 9-19-14 thru 9-30-14
DFW 130-2014(Temp), f. 9-11-14, cert. ef. 9-12-14 thru 9-30-14
DFW 124-2014(Temp), f. & cert. ef. 8-26-14 thru 9-30-14
DFW 121-2014(Temp), f. & cert. ef. 8-13-14 thru 9-30-14
DFW 107-2014(Temp), f. 7-30-14, cert. ef. 8-3-14 thru 8-31-14
DFW 113-2013(Temp), f. 9-27-13, cert. ef. 10-1-13 thru 10-16-13
DFW 108-2013(Temp), f. 9-25-13, cert. ef. 9-26-13 thru 9-30-13
DFW 105-2013(Temp), f. & cert. ef. 9-19-13 thru 9-30-13
DFW 101-2013(Temp), f. 9-13-13, cert. ef. 9-15-13 thru 9-30-13
DFW 97-2013(Temp), f. 8-27-13, cert. ef. 8-28-13 thru 8-31-13
DFW 95-2013(Temp), f. 8-23-13, cert. ef. 8-25-13 thru 8-31-13
DFW 83-2013(Temp), f. 7-29-13, cert. ef. 8-11-13 thru 8-31-13
DFW 121-2012(Temp), f. & cert. ef. 9-18-12 thru 10-31-12
DFW 112-2012(Temp), f. 8-24-12, cert. ef. 8-26-12 thru 10-31-12
DFW 98-2012(Temp), f. 7-31-12, cert. ef. 8-5-12 thru 10-31-12
DFW 147-2011(Temp), f. 10-17-11, cert. ef. 10-18-11 thru 10-31-11
DFW 144-2011(Temp), f. 10-11-11, cert. ef. 10-13-11 thru 10-31-11
DFW 140-2011(Temp), f. 10-4-11, cert. ef. 10-5-11 thru 10-12-11
DFW 136-2011(Temp), f. & cert. ef. 9-28-11 thru 10-5-11
DFW 134-2011(Temp), f. 9-21-11, cert. ef. 9-22-11 thru 9-30-11
DFW 128-2011(Temp), f. 9-14-11, cert. ef. 9-18-11 thru 9-30-11
DFW 120-2011(Temp), f. 8-26-11, cert. ef. 8-28-11 thru 9-14-11
DFW 105-2011(Temp), f. 8-2-11, cert. ef. 8-4-11 thru 8-31-11
DFW 137-2010(Temp), f. & cert. ef. 9-24-10 thru 10-31-10
DFW 132-2010(Temp), f. 9-21-10, cert. ef. 9-22-10 thru 10-31-10
DFW 121-2010(Temp), f. 8-18-10, cert. ef. 8-19-10 thru 8-31-10
DFW 112-2010(Temp), f. 7-30-10, cert. ef. 8-3-10 thru 8-31-10
DFW 100-2009(Temp), f. & cert. ef. 8-27-09 thru 8-31-09
DFW 97-2009(Temp), f. & cert. ef. 8-25-09 thru 8-31-09
DFW 96-2009(Temp), f. & cert. ef. 8-21-09 thru 8-31-09
DFW 90-2009(Temp), f. 8-7-09, cert. ef. 8-8-09 thru 12-31-09
DFW 89-2009(Temp), f. 8-3-09, cert. ef. 8-4-09 thru 12-31-09
DFW 102-2008(Temp), f. & cert. ef. 8-26-08 thru 9-1-08
DFW 100-2008(Temp), f. 8-22-08, cert. ef. 8-25-08 thru 9-30-08
DFW 95-2008(Temp), f. & cert. ef. 8-14-08 thru 9-30-08
DFW 93-2008(Temp), f. & cert. ef. 8-12-08 thru 12-31-08
DFW 85-2008(Temp), f. 7-24-08, cert. ef 8-1-08 thru 12-31-08
DFW 72-2007(Temp), f. 8-17-07, cert. ef. 8-23-07 thru 8-31-07
DFW 61-2007(Temp), f. 7-30-07, cert. ef. 8-1-07 thru 10-31-07
DFW 89-2006(Temp), f. 8-24-06, cert. ef. 8-25-06 thru 12-31-06
DFW 88-2006(Temp), f. 8-18-06, cert. ef. 8-21-06 thru 12-31-06
DFW 82-2006(Temp), f. 8-11-06, cert. ef. 8-13-06 thru 12-31-06
DFW 72-2006(Temp), f. 8-1-06, cert. ef. 8-2-06 thru 12-31-06
DFW 98-2005(Temp), f. 8-24-05, cert. ef. 8-25-05 thru 12-31-05
DFW 96-2005(Temp), f. & cert. ef. 8-22-05 thru 12-31-05
DFW 90-2005(Temp), f. & cert. ef. 8-17-05 thru 12-31-05
DFW 88-2005(Temp), f. 8-11-05, cert. ef. 8-14-05 thru 12-31-05
DFW 85-2005(Temp), f. 8-1-05, cert. ef. 8-3-05 thru 12-31-05
DFW 88-2004(Temp), f. & cert. ef. 8-23-04 thru 12-31-04
DFW 86-2004(Temp), f. 8-19-04 thru 12-31-04
DFW 82-2004(Temp), f. & cert. ef. 8-16-04 thru 12-31-04
DFW 81-2004(Temp), f. & cert. ef. 8-12-04 thru 12-31-04
DFW 87-2003(Temp), f. & cert. ef. 8-27-03 thru 12-31-03
DFW 82-2003(Temp), f. & cert. ef. 8-25-03 thru 12-31-03
DFW 77-2003(Temp), f. & cert. ef. 8-13-03 thru 12-31-03
DFW 75-2003(Temp), f. & cert. ef. 8-1-03 thru 12-31-03
DFW 89-2002(Temp), f. 8-16-02, cert. ef. 8-18-02 thru 12-31-02
DFW 87-2002(Temp), f. & cert. ef. 8-9-02 thru 8-12-02
DFW 81-2002(Temp), f. 8-2-02, cert. ef. 8-4-02 thru 8-9-02
DFW 86-2001(Temp), f. & cert. ef. 9-4-01 thru 12-31-01
DFW 80-2001(Temp), f. & cert. ef. 8-24-01 thru 12-31-01
DFW 79-2001(Temp), f. & cert. ef. 8-22-01 thru 12-31-01
DFW 76-2001(Temp), f. & cert. ef. 8-20-01 thru 10-31-01
DFW 68-2001(Temp), f. 8-7-01, cert. ef. 8-8-01 thru 8-9-01
DFW 52-2000(Temp), f. 8-23-00, cert. ef. 8-23-00 thru 8-24-00
DFW 50-2000(Temp), f. 8-18-00, cert. ef. 8-21-00 thru 9-9-00
DFW 75-1999(Temp), f. 9-29-99, cert. ef. 9-30-99 thru 10-22-99
DFW 59-1999(Temp), f. & cert. ef. 8-23-99 thru 9-11-99
DFW 74-1998(Temp), f. & cert. ef. 8-25-98 thru 8-26-98
FWC 49-1997, f. 8-20-97, cert. ef. 8-24-97
FWC 49-1997, f. 8-20-97, cert. ef. 8-24-97
FWC 53-1996(Temp), f. & cert. ef. 9-16-96
FWC 46-1996, f. & cert. ef. 8-23-96
FWC 73-1992(Temp), f. & cert. ef. 8-10-92
FWC 91-1991(Temp), f. & cert. ef. 8-29-91
FWC 85-1991, f. 8-7-91, cert. ef. 8-12-91
FWC 80-1990(Temp), f. 8-7-90, cert. ef. 8-8-90
FWC 80-1989(Temp), f. 8-28-89, cert. ef. 8-29-89
FWC 58-1989(Temp), f. & cert. ef. 8-14-89
FWC 56-1989(Temp), f. & cert. ef. 8-11-89
FWC 54-1989(Temp), f. & cert. ef. 8-7-89
FWC 68-1988(Temp), f. & cert. ef. 8-15-88
FWC 67-1988, f. & cert. ef. 8-15-88
FWC 63-1987, f. & cert. ef. 8-7-87

Or. Admin. R. 635-042-0032 Coho Season

The commercial coho season in the Columbia River downstream of Bonneville Dam is assessed annually based on stock status and allocation policies. Harvest opportunity and gear regulations will be established by inseason modification.

History

Statutory/Other Authority: ORS 183.325, ORS 506.109 & ORS 506.119
Statutes/Other Implemented: ORS 506.129 & ORS 507.030
DFW 89-2026, temporary amend filed 08/27/2026, effective 09/15/2026 through 10/31/2026
DFW 77-2025, temporary amend filed 08/22/2025, effective 09/16/2025 through 12/31/2025
DFW 82-2024, temporary amend filed 09/18/2024, effective 09/19/2024 through 12/31/2024
DFW 70-2024, temporary amend filed 08/23/2024, effective 09/16/2024 through 12/31/2024
DFW 92-2023, temporary amend filed 09/08/2023, effective 09/18/2023 through 12/31/2023
DFW 166-2021, temporary amend filed 10/18/2021, effective 10/19/2021 through 12/31/2021
DFW 165-2021, temporary amend filed 10/18/2021, effective 10/19/2021 through 12/31/2021
DFW 152-2021, temporary amend filed 09/23/2021, effective 09/27/2021 through 12/31/2021
DFW 142-2020, temporary amend filed 10/23/2020, effective 10/26/2020 through 12/31/2020
DFW 128-2020, temporary amend filed 09/24/2020, effective 09/24/2020 through 12/31/2020
DFW 159-2019, temporary amend filed 10/17/2019, effective 10/18/2019 through 10/25/2019
DFW 146-2019, temporary amend filed 09/27/2019, effective 09/30/2019 through 10/16/2019
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 144-2015(Temp), f. 10-19-15, cert. ef. 10-20-15 thru 10-31-15
DFW 138-2015(Temp), f. 10-7-15, cert. ef. 10-8-15 thru 10-31-15
DFW 135-2015(Temp), f. 9-29-15, cert. ef. 10-1-15 thru 10-31-15
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 145-2014(Temp), f. 10-8-14, cert. ef. 10-13-14 thru 10-31-14
DFW 139-2014(Temp), f. 9-24-14, cert. ef. 10-1-14 thru 10-31-14
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 114-2013(Temp), f. 9-27-13, cert. ef. 10-2-13 thru 10-15-13
DFW 23-2011, f. & cert. ef. 3-21-11
Reverted to FWC 46-1996, f. & cert. ef. 8-23-96
DFW 92-2003(Temp), f. 9-12-03 cert. ef. 9-15-03 thru 12-31-03
Reverted to FWC 46-1996, f. & cert. ef. 8-23-96
DFW 106(Temp), f. & cert. ef. 9-24-02 thru 12-31-02
DFW 104-2002(Temp), f. & cert. ef. 9-19-02 thru 12-31-02
DFW 102-2002(Temp), f. & cert. ef. 9-13-02 thru 12-31-02
Reverted to FWC 46-1996, f. & cert. ef. 8-23-96
DFW 93-2001(Temp), f. 9-21-01, cert. ef. 9-24-01 thru 12-31-01
DFW 92-2001(Temp), f. & cert. ef. 9-19-01 thru 12-31-01
DFW 89-2001(Temp), f. & cert. ef. 9-14-01 thru 12-31-01
Reverted to FWC 46-1996, f. & cert. ef. 8-23-96
DFW 74-2000(Temp), f. 10-27-00, cert. ef. 10-30-00 thru 12-31-00
DFW 71-2000(Temp), f. 10-20-00, cert. ef. 10-23-00 thru 12-31-00
DFW 68-2000(Temp), f. 10-6-00, cert. ef. 10-9-00 thru 12-31-00
DFW 66-2000(Temp), f. 9-29-00, cert. ef. 10-2-00 thru 12-31-00
DFW 65-2000(Temp), f. 9-22-00, cert. ef. 9-25-00 thru 12-31-00
DFW 62-2000(Temp), f. 9-15-00, cert. ef. 9-19-00 thru 12-31-00
Reverted to FWC 46-1996, f. & cert. ef. 8-23-96
DFW 83-1999(Temp), f. 10-26-99, cert. ef. 10-27-99 thru 12-31-99
DFW 79-1999(Temp), f. 10-8-99, cert. ef. 10-11-99 thru 12-31-99
DFW 75-1999(Temp), f. 9-29-99, cert. ef. 9-30-99 thru 10-22-99
DFW 71-1999(Temp), f. & cert. ef. 9-20-99 thru 10-22-99
FWC 46-1996, f. & cert. ef. 8-23-96
Reverted to FWC 102-1991, f. & cert. ef. 9-17-91
Suspended by FWC 92-1992(Temp), f. & cert. ef. 9-16-92
FWC 102-1991, f. & cert. ef. 9-17-91
FWC 101-1991(Temp), f. & cert. ef. 9-10-91
FWC 96-1991, f. & cert. ef. 9-9-91

Or. Admin. R. 635-042-0060 Temporary rule language in effect until 12/31/2026. Late Fall Salmon Season

The late fall commercial salmon season in the Columbia River downstream of Bonneville Dam is assessed annually based on stock status and allocation policies. Harvest opportunity and gear regulations will be established by inseason modification. During the late fall gillnet fishery:

(1) Salmon (except chum) and shad may be taken for commercial purposes in Zones 4 and 5, with the following exceptions:

(a) The deadline at the lower end of Zone 4 is defined as a straight line projected from Warrior Rock Lighthouse on the Oregon shore easterly through the green navigation Buoy #1 and continuing to the Washington shore;

(b) Sanctuaries include the Washougal and Sandy river-mouth sanctuaries as described in 635-042-0005; and

(d) 8:00 p.m. September 17 through 6:00 a.m. September 18; and

(e) 8:00 p.m. September 20 through 6:00 a.m. September 21.

(2) Gear is restricted as follows:

(a) Only drift gillnets with an 8-inch minimum mesh size are allowed; and

(b) Nets not specifically authorized for use in this fishery may be onboard the vessel if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater.

History

Statutory/Other Authority: ORS 183.325, ORS 506.109 & ORS 506.119
Statutes/Other Implemented: ORS 506.129 & ORS 507.030
DFW 94-2026, temporary amend filed 09/10/2026, effective 09/10/2026 through 12/31/2026
DFW 87-2025, temporary amend filed 09/17/2025, effective 09/17/2025 through 12/31/2025
DFW 81-2025, temporary amend filed 09/05/2025, effective 09/07/2025 through 12/31/2025
DFW 96-2024, temporary amend filed 10/11/2024, effective 10/20/2024 through 12/31/2024
DFW 89-2024, temporary amend filed 09/26/2024, effective 09/29/2024 through 12/31/2024
DFW 82-2024, temporary amend filed 09/18/2024, effective 09/19/2024 through 12/31/2024
DFW 76-2024, temporary amend filed 09/11/2024, effective 09/12/2024 through 12/31/2024
DFW 102-2023, temporary amend filed 09/27/2023, effective 09/28/2023 through 12/31/2023
DFW 101-2023, temporary amend filed 09/21/2023, effective 09/24/2023 through 12/31/2023
DFW 94-2023, temporary amend filed 09/14/2023, effective 09/15/2023 through 12/31/2023
DFW 141-2022, temporary amend filed 10/06/2022, effective 10/07/2022 through 12/31/2022
DFW 135-2022, temporary amend filed 09/29/2022, effective 10/02/2022 through 12/31/2022
DFW 130-2022, temporary amend filed 09/22/2022, effective 09/25/2022 through 12/31/2022
DFW 125-2022, temporary amend filed 09/14/2022, effective 09/18/2022 through 12/31/2022
DFW 159-2021, temporary amend filed 10/01/2021, effective 10/03/2021 through 12/31/2021
DFW 153-2021, temporary amend filed 09/23/2021, effective 09/26/2021 through 12/31/2021
DFW 146-2021, temporary amend filed 09/15/2021, effective 09/19/2021 through 12/31/2021
DFW 138-2020, temporary amend filed 10/07/2020, effective 10/07/2020 through 12/31/2020
DFW 128-2020, temporary amend filed 09/24/2020, effective 09/24/2020 through 12/31/2020
DFW 120-2020, temporary amend filed 09/12/2020, effective 09/12/2020 through 12/31/2020
DFW 155-2019, temporary suspends temporary DFW 153-2019, filed 10/10/2019, effective 10/10/2019 through 10/16/2019
DFW 153-2019, temporary amend filed 10/08/2019, effective 10/08/2019 through 10/16/2019
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
DFW 129-2017, temporary amend filed 09/21/2017, effective 11/21/2017 through 12/31/2017
DFW 124-2017, temporary amend filed 09/21/2017, effective 09/21/2017 through 10/31/2017
DFW 119-2017(Temp), f. 9-14-17, cert. ef. 9-17-17 thru 10-31-17
DFW 138-2015(Temp), f. 10-7-15, cert. ef. 10-8-15 thru 10-31-15
DFW 132-2015(Temp), f. 9-23-15, cert. ef. 9-27-15 thru 10-31-15
DFW 131-2015(Temp), f. 9-18-15, cert. ef. 9-20-15 thru 10-31-15
DFW 129-2015(Temp), f.& cert. ef. 9-15-15 thru 10-31-15
DFW 154-2014(Temp), f. & cert. ef. 10-23-14 thru 12-31-14
DFW 144-2014(Temp), f.10-8-14, cert. ef. 10-9-14 thru 12-31-14
DFW 120-2013(Temp), f. 10-22-13, cert. ef. 10-23-13 thru 11-1-13
DFW 119-2013(Temp), f. 10-15-13, cert. ef. 10-16-13 thru 10-31-13
DFW 133-2012(Temp), f. 10-15-12, cert. ef. 10-16-12 thru 10-31-12
DFW 128-2012(Temp), f. 10-3-12, cert. ef. 10-4-12 thru 10-31-12
DFW 126-2012(Temp), f. & cert. ef. 9-27-12 thru 10-31-12
DFW 23-2011, f. & cert. ef. 3-21-11
DFW 150-2010(Temp), f. 10-18-10, cert. ef. 10-19-10 thru 11-30-10
DFW 146-2010(Temp), f. 10-13-10, cert. ef. 10-14-10 thru 11-30-10
DFW 139-2010(Temp), f. & cert. ef. 10-5-10 thru 11-30-10
DFW 135-2009(Temp), f. & cert. ef. 10-27-09 thru 10-31-09
DFW 134-2009(Temp), f. & cert. ef. 10-20-09 thru 10-31-09
DFW 130-2009(Temp), f. & cert. ef. 10-13-09 thru 10-31-09
DFW 124-2009(Temp), f. & cert. ef. 10-7-09 thru 10-31-09
DFW 122-2009(Temp), f. & cert. ef. 10-5-09 thru 10-31-09
DFW 120-2009(Temp), f. & cert. ef. 9-30-09 thru 10-31-09
DFW 117-2009(Temp), f. 9-23-09, cert. ef. 9-24-09 thru 10-31-09
DFW 136-2008(Temp), f. & cert. ef. 10-21-08 thru 12-31-08
DFW 132-2008(Temp), f. 10-14-08, cert. ef. 10-15-08 thru 12-31-08
DFW 127-2008(Temp), f. 10-7-08, cert. ef. 10-8-08 thru 12-31-08
DFW 119-2008(Temp), f. & cert. ef. 9-24-08 thru 12-31-08
DFW 113-2008(Temp), f. 9-17-08, cert. ef. 9-18-08 thru 12-31-08
DFW 112-2007(Temp), f. 10-24-07, cert. ef. 10-25-07 thru 12-31-07
DFW 111-2007(Temp), f. 10-22-07, cert. ef. 10-23-07 thru 12-31-07
DFW 109-2007(Temp), f. 10-16-07, cert. ef. 10-17-07 thru 12-31-07
DFW 107-2007(Temp), f. & cert. ef. 10-10-07 thru 12-31-07
DFW 104-2007(Temp), f. & cert. ef. 10-3-07 thru 12-31-07
DFW 99-2007(Temp), f. 9-28-07, cert. ef. 10-1-07 thru 12-31-07
DFW 98-2007(Temp), f. 9-26-07, cert. ef. 9-27-07 thru 12-31-07
DFW 97-2007(Temp), f. 9-25-07, cert. ef. 9-26-07 thru 12-31-07
DFW 94-2007(Temp), f. 9-21-07, cert. ef. 9-24-07 thru 12-31-07
DFW 91-2007(Temp), f. 9-18-07, cert. ef. 9-19-07 thru 12-31-07
DFW 120-2006(Temp), f. & cert. ef. 10-18-06 thru 12-31-06
DFW 114-2006(Temp), f. & cert. ef. 10-12-06 thru 12-31-06
DFW 112-2006(Temp), f. 10-4-06, cert. ef. 10-8-06 thru 12-31-06
DFW 111-2006(Temp), f. 9-29-06, cert. ef. 10-2-06 thru 12-31-06
DFW 106-2006(Temp), f. 9-22-06, cert. ef. 9-25-06 thru 12-31-06
DFW 102-2006(Temp), f. 9-15-06, cert. ef. 9-19-06 thru 12-31-06
DFW 126-2005(Temp), f. 10-21-05, cert. ef. 10-23-05 thru 12-31-05
DFW 124-2005(Temp), f. & cert. ef. 10-18-05 thru 12-31-05
DFW 120-2005(Temp), f. & cert. ef. 10-11-05 thru 12-31-05
DFW 116-2005(Temp), f. 10-4-05, cert. ef. 10-5-05 thru 12-31-05
DFW 113-2005(Temp), f. & cert. ef. 9-28-05 thru 12-31-05
DFW 110-2005(Temp), f. & cert. ef. 9-26-05 thru 12-31-05
DFW 109-2005(Temp), f. & cert. ef. 9-19-05 thru 12-31-05
DFW 109-2004(Temp), f. & cert. ef. 10-19-04 thru 12-31-04
DFW 102-2004(Temp), f. 10-1-04, cert. ef. 10-4-04 thru 12-31-04 DFW 101-2004(Temp), f. & cert. ef. 9-29-04 thru 12-31-04
DFW 99-2004(Temp), f. & cert. ef. 9-24-04 thru 12-31-04
DFW 98-2004(Temp), f. & cert. ef. 9-22-04 thru 12-31-04
DFW 95-2004(Temp), f. 9-17-04, cert. ef. 9-19-04 thru 12-31-04
DFW 107-2003(Temp), f. 10-21-03, cert. ef. 10-26-03 thru 12-31-03
DFW 105-2003(Temp), f. 10-10-03, cert. ef. 10-12-03 thru 12-31-03
DFW 98-2003(Temp), f. 9-22-03, cert. ef. 9-23-03 thru 12-31-03
DFW 95-2003(Temp), f. & cert. ef. 9-17-03 thru 12-31-03
DFW 92-2003(Temp), f. 9-12-03 cert. ef. 915-03 thru 12-31-03
DFW 122-2002(Temp), f. 10-24-02, cert. ef. 10-28-02 thru 12-31-02
DFW 112-2002(Temp), f. 10-10-02, cert. ef. 10-14-02 thru 12-31-02
DFW 109-2002(Temp), f. & cert. ef. 9-27-02 thru 12-31-02
DFW 106-2002(Temp), f. & cert. ef. 9-24-02 thru 12-31-02
DFW 104-2002(Temp), f. & cert. ef. 9-19-02 thru 12-31-02
DFW 106-2001(Temp), f. & cert. ef. 10-26-01 thru 12-31-01
DFW 98-2001(Temp), f. 10-8-01, cert. ef. 12-31-01
DFW 93-2001(Temp), f. 9-21-01, cert. ef. 9-24-01 thru 12-31-01
DFW 92-2001(Temp), f. & cert. ef. 9-19-01 thru 12-31-01
DFW 89-2001(Temp), 9-14-01 thru 12-31-01
DFW 74-2000(Temp), f. 10-27-00, cert. ef. 10-30-00 thru 12-31-00
DFW 71-2000(Temp), f. 10-20-00, cert. ef. 10-23-00 thru 12-31-00
DFW 68-2000(Temp), f. 10-6-00, cert. ef. 10-9-00 thru 12-31-00
DFW 62-2000(Temp), f. 9-15-00, cert. ef. 9-19-00 thru 12-31-00
DFW 87-1999(Temp), f. & cert. ef. 11-4-99 thru 11-5-99
DFW 83-1999(Temp), f. 10-26-99, cert. ef. 10-27-99 thru 12-31-99
DFW 79-1999(Temp), f. 10-8-99, cert. ef. 10-11-99 thru 12-31-99
FWC 68-1997(Temp), f. & cert. ef. 11-3-97
FWC 65-1997(Temp), f. & cert. ef. 10-20-97
FWC 64-1997(Temp), f. & cert. ef. 10-14-97
FWC 62-1997(Temp), f. & cert. ef. 10-6-97
FWC 61-1997(Temp), f. 9-23-97, cert. ef. 9-24-97
FWC 62(Temp), f. 10-18-96, cert. ef. 10-21-96
FWC 60-1996(Temp), f. & cert. ef. 10-7-96
FWC 58-1996(Temp), f. 9-27-96, cert. ef. 9-30-96
FWC 46-1996, f. & cert. ef. 8-23-96
FWC 80-1995(Temp), f. 9-27-95, cert. ef. 10-9-95
FWC 110-1992(Temp), f. & cert. ef. 10-22-92
FWC 109-1992(Temp), f. 10-19-92, cert. ef. 10-20-92
FWC 107-1992(Temp), f. & cert. ef. 10-9-92
FWC 100-1992(Temp), f. 9-25-92, cert. ef. 9-27-92
FWC 97-1992(Temp), f. & cert. ef. 9-22-92
FWC 129-1991(Temp), f. 11-1-91, cert. ef. 11-3-91
FWC 122-1991(Temp), f. & cert. ef. 10-18-91
FWC 118-1991, f. & cert. ef. 10-4-91
FWC 105-1991, f. & cert. ef. 9-20-91
FWC 114-1990, f. & cert. ef. 10-8-90
FWC 102-1990(Temp), f. & cert. ef. 9-20-90
FWC 101-1990(Temp), f. & cert. ef. 9-19-90
FWC 100-1990(Temp), f. & cert. ef. 9-18-90
FWC 113-1989(Temp), f. & cert. ef. 11-9-89
FWC 109-1989(Temp), f. & cert. ef. 10-6-89
FWC 97-1989(Temp), f. & cert. ef. 9-21-89
FWC 94-1989(Temp), f. 9-15-89, cert. ef. 9-17-89
FWC 100-1988(Temp), f. 10-21-88, cert. ef. 10-24-88
FWC 99-1988(Temp), f. & cert. ef. 10-7-88
FWC 93-1988(Temp), f. & cert. ef. 9-16-88
FWC 85-1988(Temp), f. & cert. ef. 9-9-88
FWC 91-1987(Temp), f. & ef. 10-16-87
FWC 87-1987(Temp), f. & ef. 10-9-87
FWC 80-1987(Temp), f. & ef. 9-18-87
FWC 75-1987 (Temp), f. & ef. 9-11-87
FWC 74-1987(Temp), f. & ef. 9-4-87
FWC 67-1986(Temp), f. & ef. 10-17-86
FWC 64-1986 (Temp), f. & ef. 10-3-86
FWC 54-1986(Temp), f. & ef. 9-5-86
FWC 66-1985(Temp), f. & ef. 10-11-85
FWC 62-1985 (Temp), f. & ef. 9-24-85
FWC 58-1985(Temp), f. & ef. 9-13-85
FWC 68-1984(Temp), f. & ef. 10-2-84
FWC 66-1984 (Temp), f. & ef. 9-26-84
FWC 59-1984(Temp), f. & ef. 9-18-84
FWC 54-1984(Temp), f. & ef. 9-10-84
FWC 56-1983(Temp), f. & ef. 10-5-83
FWC 72-1982(Temp), f. & ef. 10-20-82
FWC 69-1982(Temp), f. & ef. 9-30-82
FWC 38-1981(Temp), f. & ef. 9-29-81
FWC 37-1981(Temp), f. & ef. 9-24-81
FWC 58-1980(Temp), f. & ef. 10-17-80
FWC 56-1980(Temp), f. & ef. 9-29-80
FWC 55-1980(Temp), f. & ef. 9-26-80
FWC 51-1980(Temp), f. & ef. 9-22-80
FWC 48-1980(Temp), f. & ef. 9-19-80
FWC 52-1979(Temp), f. & ef. 11-2-79
FWC 45-1979(Temp), f. & ef. 9-21-79
FWC 40-1979, f. & ef. 9-10-79

Or. Admin. R. 635-042-0100 Anchovies and Herring Season

(1) Anchovies and herring may be taken for commercial purposes at any time in the Columbia River seaward of the Megler-Astoria Bridge with purse, lampara, and round haul seines of a mesh size not less than one half inch and not over 1,400 feet in length. All other species taken in operation of such gear must immediately with care be returned to the water.

(2) Columbia River Anchovy Fishery Trip Limits:

(a) Commercial vessels fishing in the Columbia River between the Astoria-Megler Bridge and a north-south line through Buoy 10 at the mouth of the river may land no more than 5 metric tons of anchovy per day and no more than 10 metric tons of anchovy per calendar week.

(b) For the purposes of this fishery, a calendar week shall begin at 12:01 a.m. Sunday and run through 11:59 p.m. the following Saturday.

History

Statutory/Other Authority: ORS 496.118 & 506.119
Statutes/Other Implemented: ORS 506.129 & 507.030
DFW 79-2017, f. & cert. ef. 6-26-17
Reverted to FWC 10-1988, f. & cert. ef. 3-4-88
DFW 34-2017(Temp), f. 3-29-17, cert. ef. 4-1-17 thru 6-16-17
DFW 127-2016(Temp), f. 9-27-16, cert. ef. 10-3-16 thru 3-31-17
FWC 10-1988, f. & cert. ef. 3-4-88
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
FWC 4-1984, f. & ef. 1-31-84
FWC 6-1982, f. & ef. 1-28-82
FWC 1-1981, f. & ef. 1-19-81
FWC 6-1980, f. & ef. 1-28-80
FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0260
FWC 7-1978, f. & ef. 2-21-78
FWC 2-1978, f. & ef. 1-31-78
FWC 8, f. & ef. 1-28-77

Or. Admin. R. 635-042-0105 Shad Sales

Shad may be taken for commercial purposes during authorized commercial fisheries in the Columbia River and Select Areas downstream of Bonneville Dam with the same fishing gear authorized for the taking of salmon.

History

Statutory/Other Authority: ORS 506.119 & ORS 496.118
Statutes/Other Implemented: ORS 506.129 & ORS 507.030
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
Reverted to FWC 2-1987, f. & ef. 1-23-87
DFW 52-2012(Temp), f. & cert. ef 5-24-12 thru 11-19-12
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
FWC 4-1984, f. & ef. 1-31-84
FWC 6-1982, f. & ef. 1-28-82
FWC 1-1981, f. & ef. 1-19-81
FWC 6-1980, f. & ef. 1-28-80
FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0270
FWC 7-1978, f. & ef. 2-21-78
FWC 2-1978, f. & ef. 1-31-78
FWC 85, f. & ef. 1-28-77

Or. Admin. R. 635-042-0110 Gary Island to Bonneville Dam (Area 2S) Shad Season

(1) Shad may be taken for commercial purposes from the area of the Columbia River described in section (2) from 3:00 p.m. to 10:00 p.m. daily, Monday through Friday (except on the observed Memorial Day holiday), from May 10 through June 20.

(2) The area of the Columbia River open to fishing is from a downstream boundary of a true north/south line through the flashing red 4‑second Light "50" near the Oregon bank to an upstream boundary of a straight line from a deadline marker on the Oregon bank, through the western tip of Pierce Island, to a deadline marker on the Washington bank at Beacon Rock, both such deadline markers located approximately four miles downstream from Bonneville Dam.

(3) It is unlawful to use a gillnet having a mesh size less than 5‑3/8 inches or more than 6‑1/4 inches with a breaking strength greater than a 10-pound pull, or to use a gillnet other than a single wall floater net, or to use a gillnet having slackers, or to use a gillnet of more than 150 fathoms in length or 40 meshes in depth. Rip lines are authorized spaced not closer than 20 corks apart.

(4) All salmon, steelhead, walleye and sturgeon taken in shad nets must be immediately returned unharmed to the water.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.129 & 507.030
Reverted to DFW 34-2010, f. 3-16-10, cert. ef. 4-1-10
DFW 72-2011(Temp), f. 6-17-11, cert. ef. 6-21-11 thru 6-24-11
DFW 41-2011(Temp), f. 5-5-11, cert. ef. 5-10-11 thru 6-20-11
DFW 34-2010, f. 3-16-10, cert. ef. 4-1-10
Reverted to DFW 142-2008, f. & cert. ef. 11-21-08
DFW 59-2009(Temp), f. 5-27-09, cert. ef. 6-1-09 thru 6-19-09
DFW 142-2008, f. & cert. ef. 11-21-08
Reverted to DFW 9-2007, f. & cert. ef. 2-14-07
DFW 68-2008(Temp), f. 6-20-08, cert. ef. 6-21-08 thru 8-31-08
DFW 18-2008(Temp), f. 2-27-08, cert. ef. 5-12-08 thru 11-7-08
DFW 9-2007, f. & cert. ef. 2-14-07
DFW 7-2007(Temp), f. 1-31-07, cert. ef. 2-1-07 thru 7-30-07
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 35-2006(Temp), f. & cert. ef. 5-30-06 thru 7-31-06
DFW 32-2006(Temp), f. & cert. ef. 5-23-06 thru 7-31-06
DFW 5-2006, f. & cert. ef. 2-15-06
Reverted to DFW 6-2005, f. & cert. ef. 2-14-05
DFW 63-2005(Temp), f. & cert. ef. 6-29-05 thru 7-31-05
DFW 45-2005(Temp), f. 5-17-05, cert. ef. 5-23-05 thru 10-16-05
DFW 39-2005(Temp), f. & cert. ef. 5-10-05 thru 10-16-05
DFW 6-2005, f. & cert. ef. 2-14-05
DFW 11-2004, f. & cert. ef. 2-13-04
DFW 12-2003, f. & cert. ef. 2-14-03
Reverted to DFW 3-2001, f. & cert. ef. 2-6-01
DFW 15-2002(Temp), f. & cert. ef. 2-20-02 thru 8-18-02
DFW 3-2001, f. & cert. ef. 2-6-01
Reverted to DFW 9-2000, f. & cert. ef. 2-25-00
DFW 36-2000(Temp), f. 6-28-00, cert. ef. 6-28-00 thru 7-1-00
DFW 9-2000, f. & cert. ef. 2-25-00
Reverted to DFW 10-1999, f. & cert. ef. 2-26-99
DFW 48-1999(Temp), f. & cert. ef. 6-24-99 thru 7-2-99
DFW 10-1999, f. & cert. ef. 2-26-99
DFW 15-1998, f. & cert. ef. 3-3-98
FWC 4-1997, f. & cert. ef. 1-30-97
FWC 6-1996, f. & cert. ef. 2-7-96
FWC 15-1995, f. & cert. ef. 2-15-95
FWC 9-1994, f. 2-14-94, cert. ef. 2-15-94
FWC 11-1993, f. 2-11-93, cert. ef. 2-16-93
Reverted to FWC 8-1992, f. & cert. ef. 2-11-92
FWC 34-1992(Temp), f. 5-19-92, cert. ef. 5-20-92
FWC 8-1992, f. & cert. ef. 2-11-92
FWC 10-1991, f. 2-7-91, cert. ef. 2-8-91
FWC 20-1990, f. 3-6-90, cert. ef. 3-15-90
FWC 15-1990(Temp), f. 2-8-90, cert. ef. 2-9-90
FWC 5-1989, f. 2-6-89, cert. ef. 2-7-89
FWC 10-1988, f. & cert. ef. 3-4-88
Reverted to FWC 2-1987, f. & ef. 1-23-87
FWC 23-1987(Temp), f. & ef. 5-20-87
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
Reverted to FWC 19-1985, f. & ef. 5-1-85
FWC 16-1986(Temp), f. & ef. 5-23-86
FWC 4-1986(Temp), f. & ef. 1-28-86
FWC 19-1985, f. & ef. 5-1-85
FWC 2-1985, f. & ef. 1-30-85
FWC 4-1984, f. & ef. 1-31-84
Reverted to FWC 2-1983, f. 1-21-83, ef. 2-1-83
FWC 21-1983(Temp), f. & ef. 6-10-83
FWC 2-1983, f. 1-21-83, ef. 2-1-83
Reverted to FWC 6-1982, f. & ef. 1-28-82
FWC 36-1982(Temp), f. & ef. 6-11-82
FWC 6-1982, f. & ef. 1-28-82
Reverted to FWC 1-1981, f. & ef. 1-19-81
FWC 18-1981(Temp), f. & ef. 6-10-81
FWC 1-1981, f. & ef. 1-19-81
Reverted to FWC 6-1980, f. & ef. 1-28-80
FWC 25-1980(Temp), f. & ef. 6-13-80
FWC 6-1980, f. & ef. 1-28-80
FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0275
Reverted to FWC 7-1978, f. & ef. 2-21-78
FWC 27-1978(Temp), f. & ef. 5-26-78 thru 9-22-78
FWC 7-1978, f. & ef. 2-21-78
FWC 2-1978, f. & ef. 1-31-78
Reverted to FWC 85, f. & ef. 1-28-77
FWC 124(Temp), f. & ef. 6-17-77 thru 10-14-77
Reverted to FWC 85, f. & ef. 1-28-77
FWC 116(Temp), f. & ef. 6-1-77 thru 6-3-77
FWC 85, f. & ef. 1-28-77

Or. Admin. R. 635-042-0115 Camas-Washougal Reef Shad Season

(1) Shad maybe taken for commercial purposes from the area of the Columbia River described in section (2) if a harvest season is established by inseason modification.

(2) The area of the Columbia River open to fishing is from a line commencing at the green 6‑second equal-interval light approximately 3/4‑mile east of the Washougal Woolen Mill pipeline and projected westerly to the Washougal blinker light; thence continuing westerly to the green 4‑second blinker light on the east end of Lady Island; thence easterly and northerly along the shoreline of Lady Island to the State Highway 14 Bridge; thence easterly across State Highway 14 Bridge to the mainland.

History

Statutory/Other Authority: ORS 183.325 & ORS 506.119
Statutes/Other Implemented: ORS 506.129 & ORS 507.030
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
Reverted to DFW 6-2005, f. & cert. ef. 2-14-05
DFW 72-2011(Temp), f. 6-17-11, cert. ef. 6-21-11 thru 6-24-11
DFW 41-2011(Temp), f. 5-5-11, cert. ef. 5-10-11 thru 6-20-11
DFW 6-2005, f. & cert. ef. 2-14-05
DFW 9-2000, f. & cert. ef. 2-25-00
DFW 10-1999, f. & cert. ef. 2-26-99
DFW 15-1998, f. & cert. ef. 3-3-98
FWC 4-1997, f. & cert. ef. 1-30-97
FWC 24-1996, f. & cert. ef. 5-14-96
FWC 6-1996, f. & cert. ef. 2-7-96
FWC 15-1995, f. & cert. ef. 2-15-95
Reverted to FWC 9-1994, f. 2-14-94, cert. ef. 2-15-94
FWC 39-1994(Temp), f. 6-24-94, cert. ef. 6-27-94
FWC 36-1994(Temp), f. & cert. ef. 6-20-94
FWC 9-1994, f. 2-14-94, cert. ef. 2-15-94
FWC 11-1993, f. 2-11-93, cert. ef. 2-16-93
FWC 8-1992, f. & cert. ef. 2-11-92
FWC 10-1991, f. 2-7-91, cert. ef. 2-8-91
FWC 20-1990, f. 3-6-90, cert. ef. 3-15-90
FWC 15-1990(Temp), f. 2-8-90, cert. ef. 2-9-90
Reverted to FWC 5-1989, f. 2-6-89, cert. ef. 2-7-89
FWC 41-1989(Temp), f. & cert. ef. 6-26-89
FWC 5-1989, f. 2-6-89, cert. ef. 2-7-89
FWC 1-1988, f. & cert. ef. 3-4-88
Reverted to FWC 2-1987, f. & ef. 1-23-87
FWC 23-1987(Temp), f. & ef. 5-20-87
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
Reverted to FWC 2-1985, f. & ef. 1-30-85
FWC 16-1986(Temp), f. & ef. 5-23-86
FWC 4-1986(Temp), f. & ef. 1-28-86
FWC 2-1985, f. & ef. 1-30-85
FWC 4-1984, f. & ef. 1-31-84
FWC 2-1983, f. 1-21-83, ef. 2-1-83
FWC 6-1982, f. & ef. 1-28-82
FWC 1-1981, f. & ef. 1-19-81
FWC 6-1980, f. & ef. 1-28-80
FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0280
Reverted to FWC 7-1978, f. & ef. 2-21-78
FWC 27-1978(Temp), f. & ef. 5-26-78 thru 9-22-78
FWC 7-1978, f. & ef. 2-21-78
FWC 2-1978, f. & ef. 1-31-78
FWC 85, f. & ef. 1-28-77

Or. Admin. R. 635-042-0130 Smelt Season

Smelt may not be taken for commercial purposes from the Columbia River at any time.

History

Statutory/Other Authority: ORS 183.325, 506.109 & 506.119
Statutes/Other Implemented: ORS 506.129 & 507.030
DFW 17-2026, temporary amend filed 02/27/2026, effective 03/02/2026 through 03/19/2026
DFW 2-2026, temporary amend filed 01/09/2026, effective 01/12/2026 through 03/19/2026
DFW 19-2025, temporary amend filed 03/12/2025, effective 03/17/2025 through 03/31/2025
DFW 6-2025, temporary amend filed 01/17/2025, effective 01/20/2025 through 03/31/2025
DFW 19-2024, temporary amend filed 03/16/2024, effective 03/18/2024 through 05/31/2024
DFW 4-2024, temporary amend filed 01/23/2024, effective 01/24/2024 through 03/14/2024
DFW 5-2023, temporary amend filed 01/24/2023, effective 01/25/2023 through 03/16/2023
DFW 25-2022, temporary amend filed 03/01/2022, effective 03/01/2022 through 03/18/2022
DFW 5-2022, temporary amend filed 01/25/2022, effective 01/26/2022 through 02/08/2022
DFW 20-2021, temporary amend filed 02/24/2021, effective 02/26/2021 through 03/11/2021
DFW 4-2021, temporary amend filed 01/28/2021, effective 01/28/2021 through 02/25/2021
DFW 11-2020, temporary amend filed 01/30/2020, effective 02/03/2020 through 02/27/2020
DFW 10-2018, temporary amend filed 01/31/2018, effective 02/01/2018 through 02/26/2018
DFW 6-2017(Temp), f. 1-31-17, cert. ef. 2-2-17 thru 2-27-17
DFW 5-2016(Temp), f. 1-28-16, cert. ef. 2-1-16 thru 2-29-16
DFW 8-2015(Temp), f. 1-29-15, cert. ef. 2-2-15 thru 2-28-15
DFW 7-2014(Temp), f. 2-5-14, cert. ef. 2-10-14 thru 3-31-14
DFW 23-2011, f. & cert. ef. 3-21-11
DFW 156-2010(Temp), f. 11-23-10, cert. ef. 12-1-10 thru 3-31-11
DFW 28-2010(Temp), f. 3-9-10, cert. ef. 3-11-10 thru 3-31-10
DFW 10-2010(Temp), f. 2-4-10, cert. ef. 2-8-10 thru 3-31-10
DFW 151-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 3-31-10
DFW 20-2009, f. & cert. ef. 2-26-09
DFW 148-2008(Temp), f. 12-19-08, cert. ef. 1-1-09 thru 6-29-09
DFW 10-2008, f. & cert. ef. 2-11-08
DFW 135-2007(Temp), f. 12-28-07, cert. ef. 1-1-08 thru 6-28-08
DFW 125-2007(Temp), f. 11-29-07, cert. ef. 12-1-07 thru 5-28-08
DFW 13-2007(Temp), f. & cert. ef. 3-6-07 thru 9-1-07
DFW 131-2006(Temp), f. 12-20-06, cert. ef. 1-1-07 thru 6-29-07
DFW 11-2006(Temp), f. & cert. ef. 3-9-06 thru 7-31-06
DFW 145-2005(Temp), f. 12-21-05, cert. ef. 1-1-06 thru 3-31-06
DFW 8-2005(Temp), f. & cert. ef. 2-24-05 thru 4-1-05
DFW 130-2004(Temp), f. 12-23-04, cert. ef. 1-1-05 thru 4-1-05
DFW 21-2004(Temp), f. & cert. ef. 3-18-04 thru 7-31-04
DFW 131-2003(Temp), f. 12-26-03, cert. ef. 1-1-04 thru 4-1-04
DFW 134-2002(Temp), f. & cert. ef. 12-19-02 thru 4-1-03
DFW 11-2002(Temp), f. & cert. ef. 2-8-02 thru 8-7-02
DFW 9-2002, f. & cert. ef. 2-1-02
DFW 115-2001(Temp), f. 12-13-01, cert. ef. 1-1-02 thru 3-31-02
DFW 10-2001(Temp), f. & cert. ef. 3-6-01 thru 3-31-01
DFW 80-2000(Temp), f, 12-22-00, cert. ef. 1-1-01 thru 3-31-01
DFW 8-2000(Temp), f. 2-18-00, cert. ef. 2-20-00 thru 2-29-00
DFW 3-2000, f. & cert. ef. 1-24-00
DFW 95-1999(Temp), f. 12-22-99, cert. ef. 12-26-99 thru 1-21-00
DFW 82-1998(Temp), f. 10-6-98, cert. ef. 10-7-98 thru 10-23-98
FWC 15-1995, f. & cert. ef. 2-15-95
FWC 9-1994, f. 2-14-94, cert. ef. 2-15-94
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
FWC 2-1985, f. & ef. 1-30-85

Or. Admin. R. 635-042-0133 Sturgeon Size

(1) White sturgeon with a fork length of 44-50 inches may be taken for commercial purposes from the mainstem Columbia River and Select Areas downstream of Bonneville Dam during commercial salmon and sturgeon fishing seasons with the same fishing gear authorized for the taking of salmon or sturgeon.

(2) Length of a commercially caught sturgeon shall be defined as the shortest distance between the tip of the nose and the fork between the upper and lower lobes of the caudal fin (tail) while the fish lies on its side on a flat surface with its tail in a normal position.

(3) It is unlawful to:

(a) Mutilate or disfigure a sturgeon in any manner which extends or shortens its length to the legal limit, or to possess such sturgeon;

(b) Remove the head or tail of any sturgeon taken for commercial purposes prior to being received at the premises of a wholesale fish dealer or canner;

(d) Fail to return to the water immediately and unharmed, any green sturgeon, any white sturgeon not of lawful size, or any white sturgeon taken in excess of any commercial catch or possession limits prescribed by Department rule.

History

Statutory/Other Authority: ORS 506.119, ORS 183.325 & ORS 506.109
Statutes/Other Implemented: ORS 506.129 & ORS 507.030
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
DFW 50-2018, temporary amend filed 04/17/2018, effective 07/03/2018 through 09/30/2018
DFW 49-2018, temporary amend filed 04/17/2018, effective 05/14/2018 through 07/02/2018
DFW 48-2018, temporary amend filed 04/16/2018, effective 04/19/2018 through 05/13/2018
DFW 47-2018, temporary amend filed 04/16/2018, effective 05/14/2018 through 07/02/2018
DFW 96-2017(Temp), f. & cert. ef. 7-26-17 thru 12-31-17
DFW 20-2009, f. & cert. ef. 2-26-09
DFW 9-2007, f. & cert. ef. 2-14-07
DFW 131-2006(Temp), f. 12-20-06, cert. ef. 1-1-07 thru 6-29-07
DFW 5-2006, f. & cert. ef. 2-15-06
DFW 145-2005(Temp), f. 12-21-05, cert. ef. 1-1-06 thru 3-31-06
DFW 42-2000, f. & cert. ef. 8-3-00
Reverted to FWC 15-1995, f. & cert. ef. 2-15-95
DFW 82-1998(Temp), f. 10-6-98, cert. ef. 10-7-98 thru 10-23-98
FWC 15-1995, f. & cert. ef. 2-15-95
FWC 9-1994, f. 2-14-94, cert. ef. 2-15-94
FWC 2-1987, f. & ef. 1-23-87
FWC 79-1986(Temp), f. & ef. 12-22-86
FWC 2-1985, f. & ef. 1-30-85

Or. Admin. R. 635-042-0135 Sturgeon Sales

(1) White sturgeon may be taken for commercial purposes from the mainstem Columbia River and Select Areas downstream of Bonneville Dam during commercial salmon fishing seasons with the same fishing gear authorized for the taking of salmon or sturgeon.

(2) Retention of green sturgeon in all mainstem Columbia River and Select Area commercial fisheries is prohibited.

(3) White sturgeon and salmon must be delivered to wholesale fish dealers, canners, or fish buyers undressed (in the round).

(4) It is unlawful to:

(a) Take sturgeon and salmon by angling from any vessel that is engaged in commercial fishing (including the period of time the gear is fished) or has been engaged in commercial fishing on that same day or has commercially caught sturgeon or salmon aboard;

(b) Steal or otherwise molest or disturb any lawful fishing gear;

(d) Remove the head or tail of any white sturgeon taken for commercial purposes prior to being received at the premises of a wholesale fish dealer or canner;

(e) Sell or attempt to sell unprocessed or processed sturgeon eggs that have been taken from the Columbia River downstream of Bonneville Dam;

(f) Purchase from commercial fishermen sturgeon eggs which have been removed from the body cavity prior to sale;

(g) Have in possession any white sturgeon with a fork length less than 44 inches or greater than 50 inches;

(h) Gaff or penetrate sturgeon in any way while landing or releasing it.

History

Statutory/Other Authority: ORS 183.325, ORS 506.109 & ORS 506.119
Statutes/Other Implemented: ORS 506.129 & ORS 507.030
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
DFW 7-2013(Temp), f. & cert. ef. 1-31-13 thru 2-28-13
FWC 85, f. & ef. 1-28-77; FWC 2-1978, f. & ef. 1-31-78; FWC 7-1978, f. & ef. 2-21-78; FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0320; FWC 6-1980, f. & ef. 1-28-80; FWC 1-1981, f. & ef. 1-19-81; FWC 6-1982, f. & ef. 1-28-82; FWC 20-1982(Temp), f. & ef. 3-25-82; FWC 3-1983, f. & ef. 1-21-83; FWC 4-1984, f. & ef. 1-31-84; FWC 4-1986(Temp), f. & ef. 1-28-86; FWC 79-1986(Temp), f. & ef. 12-22-86; FWC 2-1987, f. & ef. 1-23-87; FWC 8-1992, f. & cert. ef. 2-11-92; FWC 11-1993, f. 2-11-93, cert. ef. 2-16-93; FWC 9-1994, f. 2-14-94, cert. ef. 2-15-94; FWC 16-1994(Temp), f. & cert. ef. 3-3-94; FWC 3-1997, f. & cert. ef. 1-27-97; FWC 8-1997(Temp), f. & cert. ef. 2-14-97; FWC 42-1997, f. & cert. ef. 8-4-97; DFW 2-1998(Temp), f. 1-9-98, cert. ef. 1-12-98 thru 1-23-98; DFW 58-1998(Temp), f. & cert. ef. 8-4-98 thru 8-21-98; DFW 82-1998(Temp), f. 10-6-98, cert. ef. 10-7-98 thru 10-23-98; DFW 84-1998(Temp), f. & cert. ef. 10-22-98 thru 10-23-98; DFW 86-1998(Temp), f. & cert. ef. 10-28-98 thru 10-30-98; DFW 87-1998(Temp), f. & cert. ef 11-5-98 thru 11-6-98; DFW 101-1998, f. & cert. ef. 12-24-98; DFW 7-1999(Temp), f. 2-12-99 & cert. ef. 2-15-99 thru 2-19-99; DFW 11-1999(Temp), f. 2-24-99, cert. ef. 2-25-99 thru 2-26-99; DFW 52-1999(Temp), f. & cert. ef. 8-2-99 thru 8-6-99; Administrative correction, 11-17-99; DFW 95-1999(Temp), f. 12-22-99, cert. ef. 12-26-99 thru 1-21-00; DFW 3-2000, f. & cert. ef. 1-24-00; DFW 42-2000, f. & cert. ef. 8-3-00; DFW 80-2000(Temp), f, 12-22-00, cert. ef. 1-1-01 thru 3-31-01; DFW 3-2001, f. & cert. ef. 2-6-01; DFW 115-2001(Temp), f. 12-13-01, cert. ef. 1-1-02 thru 3-31-02; DFW 9-2002, f. & cert. ef. 2-1-02; DFW 11-2002(Temp), f. & cert. ef. 2-8-02 thru 8-7-02; DFW 134-2002(Temp), f. & cert. ef. 12-19-02 thru 4-1-03; DFW 8-2003(Temp), f. 1-27-03, cert. ef. 1-28-03 thru 4-1-03; DFW 10-2003(Temp), f. & cert. ef. 2-3-03 thru 4-1-03; DFW 131-2003(Temp), f. 12-26-03, cert. ef. 1-1-04 thru 4-1-04; DFW 7-2004(Temp), f. & cert. ef. 2-2-04 thru 4-1-04; DFW 130-2004(Temp), f. 12-23-04, cert. ef. 1-1-05 thru 4-1-05; DFW 7-2005(Temp), f. & cert. ef. 2-22-05 thru 4-1-05; Administrative correction, 4-20-05; DFW 145-2005(Temp), f. 12-21-05, cert. ef. 1-1-06 thru 3-31-06; DFW 3-2006(Temp), f. & cert. ef. 1-27-06 thru 3-31-06; DFW 5-2006, f. & cert. ef. 2-15-06; DFW 131-2006(Temp), f. 12-20-06, cert. ef. 1-1-07 thru 6-29-07; DFW 8-2007(Temp), f. 2-12-07, cert. ef. 2-13-07 thru 8-11-07; DFW 9-2007, f. & cert. ef. 2-14-07; DFW 135-2007(Temp), f. 12-28-07, cert. ef. 1-1-08 thru 6-28-08; DFW 6-2008(Temp), f. 1-29-08, cert. ef. 1-31-08 thru 7-28-08; DFW 10-2008, f. & cert. ef. 2-11-08; DFW 14-2008(Temp), f. & cert. ef. 2-21-08 thru 8-18-08; Administrative correction, 9-29-08; DFW 148-2008(Temp), f. 12-19-08, cert. ef. 1-1-09 thru 6-29-09; DFW 6-2009(Temp), f. 1-30-09, cert. ef. 2-2-09 thru 8-1-09; Administrative correction, 8-21-09; DFW 151-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 3-31-10; Administrative correction, 4-21-10; DFW 166-2010(Temp), f. 12-28-10, cert. ef. 1-15-11 thru 7-13-11; Administrative correction, 7-22-11; DFW 4-2012(Temp), f. & cert. ef. 1-30-12 thru 2-29-12; Administrative correction, 3-20-12

Or. Admin. R. 635-042-0145 Temporary rule language in effect until 12/31/2026. Youngs Bay Select Area Commercial Fishery

(1) Salmon (except Chum) may be taken with gillnets for commercial purposes during open fishing periods in Youngs Bayas described below:

(a) The Youngs Bay Select Area is defined as waters of Youngs Bay and Youngs River southeasterly of the Highway 101 Bridge upstream to the regulatory marker(s) at the confluence of the Klaskanine and Youngs rivers, including the Walluski River downstream of the Highway 202 Bridge, and the Lewis and Clark River north (downstream) of the overhead power lines approximately 500 feet south (upstream) of Barrett Slough:

(b) The Upper Youngs Bay Area includes all waters within the Youngs Bay Select Area upstream of the old Youngs Bay Bridge.

(c) The Walluski Area includes all waters within the Youngs Bay Select Area upstream of the overhead powerlines crossing Youngs River approximately 500 yards northerly (downstream) of the Walluski River.

(2) The open fishing periods are established in four segments categorized as the winter season in subsection (2)(a); the spring season in subsection (2)(b); the summer season in subsection (2)(c), and the fall season in subsection (2)(d) as follows:

(a) Winter Season:

(A) Open area is the Youngs Bay Select Area defined in (1)(a) above, except the Lewis and Clark River south (upstream) of the Alternate Highway 101 Bridge is closed.

(B) The minimum mesh size is 7-inches.

(b) Spring Season:

(A) Open area is the Youngs Bay Select Area defined in (1)(a) above.

(B) The maximum mesh size is 9.75-inches.

(A) Open area is the Youngs Bay Select Area defined in (1)(a) above.

(B) The maximum mesh size is 9.75-inches.

(d) Fall Season:

(A) Open area is the Youngs Bay Select Area defined in (1)(a) above.

(B) The maximum mesh size is 9.75-inches prior to the fourth Sunday in August, and 6-inches thereafter.

(i) 7:00 p.m. August 4 through 7:00 a.m. August 6;

(ii) 7:00 p.m. August 11 through 7:00 a.m. August 13;

(iii) 7:00 p.m. August 18 through 7:00 a.m. August 20;

(iv) 7:00 p.m. August 24 through 7:00 a.m. August 28;

(v) 7:00 p.m. August 31 through 7:00 a.m. September 4; and

(vi) 7:00 p.m. September 7 through 12:00 p.m. October 30.

(3) Additional gear restrictions include:

(a) Gill nets may not exceed 1,500 feet (250 fathoms) in length and lead line weight may not exceed two pounds per any one fathom, except as described in (3)(b) below.

(b) When the following waters are open to commercial fishing, the use of additional weights or anchors attached directly to the lead line is permitted in these areas:

(A) Youngs River upstream of regulatory markers located approximately 200 yards southerly (upstream) of the mouth of the Walluski River.

(B) In the lower Walluski River from the first dock near the mouth upstream to the Highway 202 Bridge.

(C) In the Lewis and Clark River from the Alternate Highway 101 Bridge upstream to the overhead power lines approximately 500 feet southerly (upstream) of Barrett Slough.

(c) A red cork must be placed on the corkline every 25 fathoms as measured from the first mesh of the net. Red corks at 25-fathom intervals must be in color contrast to the corks used in the remainder of the net.

(d) Nets not specifically authorized for use may be onboard a vessel if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater.

(4) Non-resident commercial fishing and boat licenses are not required for Washington fishers participating in Youngs Bay commercial fisheries. A valid fishing and boat license issued by the state of Washington is considered adequate for participation in this fishery. The open area for non-resident commercial fishers includes all areas open for commercial fishing.

History

Statutory/Other Authority: ORS 183.325 & ORS 506.119
Statutes/Other Implemented: ORS 506.129, ORS 507.030 & ORS 506.109
DFW 93-2026, temporary amend filed 09/03/2026, effective 09/04/2026 through 12/31/2026
DFW 74-2026, temporary amend filed 08/01/2026, effective 08/01/2026 through 12/31/2026
DFW 30-2026, temporary amend filed 04/17/2026, effective 04/20/2026 through 07/31/2026
DFW 25-2026, temporary amend filed 03/31/2026, effective 04/01/2026 through 07/31/2026
DFW 23-2026, temporary amend filed 03/25/2026, effective 03/26/2026 through 07/31/2026
DFW 21-2026, temporary amend filed 03/23/2026, effective 03/23/2026 through 07/31/2026
DFW 12-2026, temporary amend filed 02/12/2026, effective 02/15/2026 through 07/31/2026
DFW 63-2025, temporary amend filed 07/31/2025, effective 08/01/2025 through 12/31/2025
DFW 28-2025, temporary amend filed 04/10/2025, effective 04/10/2025 through 07/31/2025
DFW 21-2025, temporary amend filed 03/21/2025, effective 03/24/2025 through 07/31/2025
DFW 13-2025, temporary amend filed 02/11/2025, effective 02/11/2025 through 07/31/2025
DFW 65-2024, temporary amend filed 08/01/2024, effective 08/01/2024 through 12/31/2024
DFW 33-2024, temporary amend filed 05/16/2024, effective 05/20/2024 through 07/31/2024
DFW 23-2024, temporary amend filed 04/04/2024, effective 04/05/2024 through 07/31/2024
DFW 21-2024, temporary amend filed 03/21/2024, effective 03/21/2024 through 07/31/2024
DFW 12-2024, temporary amend filed 02/14/2024, effective 02/14/2024 through 07/31/2024
DFW 76-2023, temporary amend filed 08/01/2023, effective 08/01/2023 through 12/31/2023
DFW 47-2023, temporary amend filed 05/31/2023, effective 06/01/2023 through 07/31/2023
DFW 32-2023, temporary amend filed 04/13/2023, effective 04/13/2023 through 07/31/2023
DFW 29-2023, temporary amend filed 04/05/2023, effective 04/06/2023 through 07/31/2023
DFW 25-2023, temporary amend filed 03/28/2023, effective 03/30/2023 through 07/31/2023
DFW 14-2023, temporary amend filed 02/15/2023, effective 02/16/2023 through 07/31/2023
DFW 127-2022, temporary amend filed 09/14/2022, effective 09/18/2022 through 12/31/2022
DFW 99-2022, temporary amend filed 07/28/2022, effective 08/01/2022 through 12/31/2022
DFW 82-2022, temporary amend filed 07/01/2022, effective 07/05/2022 through 07/31/2022
DFW 54-2022, temporary amend filed 05/20/2022, effective 05/23/2022 through 07/31/2022
DFW 39-2022, temporary amend filed 04/20/2022, effective 04/21/2022 through 07/31/2022
DFW 15-2022, temporary amend filed 02/23/2022, effective 02/24/2022 through 07/31/2022
DFW 12-2022, temporary amend filed 02/16/2022, effective 02/17/2022 through 07/31/2022
DFW 122-2021, temporary amend filed 08/20/2021, effective 08/23/2021 through 11/25/2021
DFW 57-2021, temporary amend filed 04/29/2021, effective 05/04/2021 through 07/29/2021
DFW 47-2021, temporary amend filed 04/13/2021, effective 04/14/2021 through 07/29/2021
DFW 40-2021, temporary amend filed 04/08/2021, effective 04/08/2021 through 07/29/2021
DFW 36-2021, temporary amend filed 03/31/2021, effective 04/01/2021 through 07/29/2021
DFW 33-2021, temporary amend filed 03/24/2021, effective 03/25/2021 through 07/29/2021
DFW 24-2021, temporary amend filed 03/05/2021, effective 03/08/2021 through 07/29/2021
DFW 13-2021, temporary amend filed 02/17/2021, effective 02/18/2021 through 07/29/2021
DFW 100-2020, temporary amend filed 08/04/2020, effective 08/04/2020 through 12/31/2020
DFW 41-2020, temporary amend filed 04/09/2020, effective 04/13/2020 through 07/30/2020
DFW 37-2020, temporary amend filed 04/02/2020, effective 04/03/2020 through 07/30/2020
DFW 22-2020, temporary amend filed 03/05/2020, effective 03/09/2020 through 07/30/2020
DFW 15-2020, temporary amend filed 02/13/2020, effective 02/17/2020 through 07/30/2020
DFW 110-2019, temporary amend filed 08/06/2019, effective 08/06/2019 through 11/29/2019
DFW 46-2019, temporary amend filed 04/24/2019, effective 04/25/2019 through 07/29/2019
DFW 42-2019, temporary amend filed 04/17/2019, effective 04/17/2019 through 07/29/2019
DFW 39-2019, temporary amend filed 04/10/2019, effective 04/11/2019 through 07/29/2019
DFW 32-2019, temporary amend filed 03/29/2019, effective 04/01/2019 through 07/29/2019
DFW 12-2019, temporary amend filed 01/31/2019, effective 07/30/2019 through 07/31/2019
DFW 11-2019, temporary amend filed 01/31/2019, effective 02/01/2019 through 07/29/2019
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
DFW 144-2018, temporary amend filed 09/20/2018, effective 09/23/2018 through 10/31/2018
DFW 135-2018, temporary amend filed 09/12/2018, effective 09/13/2018 through 10/31/2018
DFW 101-2018, temporary amend filed 07/31/2018, effective 08/01/2018 through 10/31/2018
DFW 85-2018, temporary amend filed 06/29/2018, effective 07/02/2018 through 07/26/2018
DFW 46-2018, temporary amend filed 04/13/2018, effective 04/16/2018 through 07/26/2018
DFW 44-2018, temporary amend filed 04/12/2018, effective 04/12/2018 through 07/26/2018
DFW 41-2018, temporary amend filed 04/06/2018, effective 04/09/2018 through 07/26/2018
DFW 38-2018, temporary amend filed 04/05/2018, effective 04/05/2018 through 07/26/2018
DFW 35-2018, temporary amend filed 03/29/2018, effective 03/29/2018 through 07/26/2018
DFW 12-2018, temporary amend filed 02/01/2018, effective 02/05/2018 through 07/26/2018
DFW 127-2017, temporary amend filed 09/28/2017, effective 10/01/2017 through 12/31/2017
DFW 99-2017(Temp), f. 7-31-17, cert. ef. 8-1-17 thru 12-31-17
DFW 76-2017(Temp), f. & cert. ef. 6-15-17 thru 9-15-17
DFW 65-2017(Temp), f. & cert. ef. 6-1-17 thru 9-30-17
DFW 64-2017(Temp), f. 5-26-17, cert. ef. 5-29-17 thru 9-29-17
DFW 61-2017(Temp), f. 5-18-17, cert. ef. 5-22-17 thru 9-15-17
DFW 57-2017(Temp), f. 5-11-17, cert. ef. 5-15-17 thru 9-15-17
DFW 54-2017(Temp), f. 5-2-17, cert. ef. 5-3-17 thru 9-15-17
DFW 53-2017(Temp), f. & cert. ef. 4-27-17 thru 9-15-17
DFW 40-2017(Temp), f. 4-12-17, cert. ef. 4-13-17 thru 9-15-17
DFW 39-2017(Temp), f. 4-5-17, cert. ef. 4-6-17 thru 9-15-17
DFW 32-2017(Temp), f. 3-29-17, cert. ef. 3-30-17 thru 9-15-17
DFW 9-2017(Temp), f. & cert. ef. 2-6-17 thru 3-28-17
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 99-2016(Temp), f. 7-29-16, cert. ef. 8-1-16 thru 10-31-16
DFW 64-2016(Temp), f. 6-2-16, cert. ef. 6-7-16 thru 7-31-16
DFW 60-2016(Temp), f. 5-26-16, cert. ef. 5-31-16 thru 7-31-16
DFW 53-2016(Temp), f. 5-19-16, cert. ef. 5-23-16 thru 7-31-16
DFW 47-2016(Temp), f. & cert. ef. 5-11-16 thru 7-31-16
DFW 32-2016(Temp), f. 4-20-16, cert. ef. 4-21-16 thru 7-31-16
DFW 31-2016(Temp), f. 4-11-16, cert. ef. 4-13-16 thru 7-31-16
DFW 26-2016(Temp), f. 4-5-16, cert. ef. 4-6-16 thru 7-31-16
DFW 20-2016(Temp), f. 3-25-16, cert. ef. 3-28-16 thru 7-31-16
DFW 8-2016(Temp), f. 2-1-16, cert. ef. 2-8-16 thru 7-31-16
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 117-2015(Temp), f. 8-28-15, cert. ef. 8-31-15 thru 10-31-15
DFW 110-2015(Temp), f. 8-18-15, cert. ef. 8-24-15 thru 10-31-15
DFW 98-2015(Temp), f. 7-30-15, cert. ef. 8-4-15 thru 10-31-15
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 63-2015(Temp), f. 6-9-15, cert. ef. 6-10-15 thru 7-31-15
DFW 58-2015(Temp), f. & cert. ef. 6-2-15 thru 7-31-15
DFW 50-2015(Temp), f. & cert. ef. 5-27-15 thru 7-31-15
DFW 42-2015(Temp), f. & cert. ef. 5-12-15 thru 7-31-15
DFW 37-2015(Temp), f. 5-1-15, cert. ef. 5-4-15 thru 7-30-15
DFW 29-2015(Temp), f. & cert. ef. 4-21-15 thru 7-30-15
DFW 21-2015(Temp), f. & cert. ef. 3-24-15 thru 7-30-15
DFW 17-2015(Temp), f. 3-5-15, cert. ef. 3-9-15 thru 7-30-15
DFW 10-2015(Temp), f. 2-3-15, cert. ef. 2-9-15 thru 7-30-15
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 104-2014(Temp), f. 8-4-14, cert. ef. 8-5-14 thru 10-31-14
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 55-2014(Temp), f. 6-3-14, cert. ef. 6-4-14 thru 7-31-14
DFW 51-2014(Temp), f. & cert. ef. 5-28-14 thru 7-31-14
DFW 45-2014(Temp), f. 5-14-14, cert. ef. 5-20-14 thru 7-31-14
DFW 39-2014(Temp), f. 5-7-14, cert. ef. 5-8-14 thru 7-31-14
DFW 35-2014(Temp), f. & cert. ef. 4-24-14 thru 7-31-14
DFW 32-2014(Temp), f. 4-21-14, cert. ef. 4-22-14 thru 7-31-14
DFW 25-2014(Temp), f. 3-13-14, cert. ef. 3-17-14 thru 7-31-14
DFW 18-2014(Temp), f. 3-7-14, cert. ef. 3-10-14 thru 7-30-14
DFW 8-2014(Temp), f. & cert. ef. 2-10-14 thru 7-31-14
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 109-2013(Temp), f. 9-27-13, cert. ef. 9-30-13 thru 10-31-13
DFW 87-2013(Temp), f. & cert. ef. 8-9-13 thru 10-31-13
DFW 82-2013(Temp), f. 7-29-13, cert. ef. 7-31-13 thru 10-31-13
DFW 44-2013(Temp), f. & cert. ef. 5-29-13 thru 7-31-13
DFW 36-2013(Temp), f. & cert. ef. 5-22-13 thru 7-31-13
DFW 34-2013(Temp), f. 5-14-13, cert. ef. 5-15-13 thru 7-31-13
DFW 22-2013(Temp), f. 3-12-13, cert. ef. 3-13-13 thru 7-31-13
DFW 11-2013(Temp), f. 2-8-13, cert. ef. 2-11-13 thru 7-31-13
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 96-2012(Temp), f. 7-30-12, cert. ef. 8-1-12 thru 10-31-12
DFW 82-2012(Temp), f. 6-29-12, cert. ef. 7-2-12 thru 7-31-12
DFW 36-2012(Temp), f. 4-16-12, cert. ef. 4-19-12 thru 7-31-12
DFW 30-2012(Temp), f. 4-4-12, cert. ef. 4-5-12 thru 7-31-12
DFW 28-2012(Temp), f. 3-30-12, cert. ef. 4-1-12 thru 7-31-12
DFW 27-2012(Temp), f. 3-27-12, cert. ef. 3-29-12 thru 7-31-12
DFW 26-2012(Temp), f. 3-20-12, cert. ef. 3-21-12 thru 7-31-12
DFW 24-2012(Temp), f. 3-15-12, cert. ef. 3-18-12 thru 7-31-12
DFW 12-2012(Temp), f. 2-8-12, cert. ef. 2-12-12 thru 7-31-12
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 121-2011(Temp), f. 8-29-11, cert. ef. 9-5-11 thru 10-31-11
DFW 106-2011(Temp), f. 8-2-11, cert. ef. 8-3-11 thru 10-31-11
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 76-2011(Temp), f. 6-24-11, cert. ef. 6-27-11 thru 7-29-11
DFW 52-2011(Temp), f. & cert. ef. 5-18-11 thru 7-29-11
DFW 46-2011(Temp), f. & cert. ef. 5-12-11 thru 7-29-11
DFW 35-2011(Temp), f. & cert. ef. 4-28-11 thru 7-29-11
DFW 32-2011(Temp), f. 4-20-11, cert. ef. 4-21-11 thru 7-29-11
DFW 23-2011, f. & cert. ef. 3-21-11
DFW 12-2011(Temp), f. 2-10-11, cert. ef. 2-13-11 thru 7-29-11
Reverted to DFW 9-2007, f. & cert. ef. 2-14-07
DFW 129-2010(Temp), f. & cert. ef. 9-10-10 thru 10-31-10
DFW 113-2010(Temp), f. 8-2-10, cert. ef. 8-4-10 thru 10-31-10
Reverted to DFW 9-2007, f. & cert. ef. 2-14-07
DFW 69-2010(Temp), f. & cert. ef. 5-18-10 thru 7-31-10
DFW 57-2010(Temp), f. & cert. ef. 5-11-10 thru 7-31-10
DFW 53-2010(Temp), f. & cert. ef. 5-4-10 thru 7-31-10
DFW 46-2010(Temp), f. & cert. ef. 4-21-10 thru 7-31-10
DFW 40-2010(Temp), f. & cert. ef. 4-1-10 thru 7-31-10
DFW 35-2010(Temp), f. 3-23-10, cert. ef. 3-24-10 thru 7-31-10
DFW 30-2010(Temp), f. 3-11-10, cert. ef. 3-14-10 thru 7-31-10
DFW 20-2010(Temp), f. & cert. ef. 2-26-10 thru 7-31-10
DFW 17-2010(Temp), f. & cert. ef. 2-22-10 thru 7-31-10
Reverted to DFW 9-2007, f. & cert. ef. 2-14-07
DFW 107-2009(Temp), f. 9-2-09, cert. ef. 9-5-09 thru 10-31-09
DFW 89-2009(Temp), f. 8-3-09, cert. ef. 8-4-09 thru 12-31-09
Reverted to DFW 9-2007, f. & cert. ef. 2-14-07
DFW 49-2009(Temp), f. 5-14-09, cert. ef 5-17-09 thru 7-31-09
DFW 24-2009(Temp), f. 3-10-09, cert. ef. 3-11-09 thru 7-31-09
DFW 12-2009(Temp), f. 2-13-09, cert. ef. 2-15-09 thru 7-31-09
Reverted to DFW 9-2007, f. & cert. ef. 2-14-07
DFW 108-2008(Temp), f. 9-8-08, cert. ef. 9-9-08 thru 12-31-08
DFW 85-2008(Temp), f. 7-24-08, cert. ef. 8-1-08 thru 12-31-08
DFW 58-2008(Temp), f. & cert. ef. 6-4-08 thru 8-31-08
DFW 48-2008(Temp), f. & cert. ef. 5-12-08 thru 8-28-08
DFW 30-2008(Temp), f. 3-27-08, cert. ef. 3-30-08 thru 8-28-08
DFW 16-2008(Temp), f. 2-26-08, cert. ef. 3-2-08 thru 8-28-08
DFW 6-2008(Temp), f. 1-29-08, cert. ef. 1-31-08 thru 7-28-08
Reverted to DFW 9-2007, f. & cert. ef. 2-14-07
DFW 108-2007(Temp), f. 10-12-07, cert. ef. 10-14-07 thru 12-31-07
DFW 61-2007(Temp), f. 7-30-07, cert. ef. 8-1-07 thru 10-31-07
DFW 50-2007(Temp), f. 6-29-07, cert. ef. 7-4-07 thru 7-31-07
DFW 45-2007(Temp), f. 6-15-07, cert. ef. 6-25-07 thru 7-31-07
DFW 25-2007(Temp), f. 4-17-07, cert. ef. 4-18-07 thru 7-26-07
DFW 16-2007(Temp), f. & cert. ef. 3-14-07 thru 9-9-07
DFW 13-2007(Temp), f. & cert. ef. 3-6-07 thru 9-1-07
DFW 9-2007, f. & cert. ef. 2-14-07
DFW 7-2007(Temp), f. 1-31-07, cert. ef. 2-1-07 thru 7-30-07
DFW 119-2006(Temp), f. & cert. ef. 10-18-06 thru 12-31-06
DFW 103-2006(Temp), f. 9-15-06, cert. ef. 9-18-06 thru 12-31-06
DFW 73-2006(Temp), f. 8-1-06, cert. ef. 8-2-06 thru 12-31-06
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 52-2006(Temp), f. & cert. ef. 6-28-06 thru 7-27-06
DFW 35-2006(Temp), f. & cert. ef. 5-30-06 thru 7-31-06
DFW 32-2006(Temp), f. & cert. ef. 5-23-06 thru 7-31-06
DFW 29-2006(Temp), f. & cert. ef. 5-16-06 thru 7-31-06
DFW 17-2006(Temp), f. 3-29-06, cert. ef. 3-30-06 thru 7-27-06
DFW 15-2006(Temp), f. & cert. ef. 3-23-06 thru 7-27-06
DFW 14-2006(Temp), f. 3-15-06, cert. ef. 3-16-06 thru 7-27-06
DFW 5-2006, f. & cert. ef. 2-15-06
Reverted to DFW 6-2005, f. & cert. ef. 2-14-05
DFW 124-2005(Temp), f. & cert. ef. 10-18-05 thru 12-31-05
DFW 120-2005(Temp), f. & cert. ef. 10-11-05 thru 12-31-05
DFW 116-2005(Temp), f. 10-4-05, cert. ef. 10-5-05 thru 12-31-05
DFW 110-2005(Temp), f. & cert. ef. 9-26-05 thru 12-31-05
DFW 109-2005(Temp), f. & cert. ef. 9-19-05 thru 12-31-05
DFW 85-2005(Temp), f. 8-1-05, cert. ef. 8-3-05 thru 12-31-05
Reverted to DFW 6-2005, f. & cert. ef. 2-14-05
DFW 77-2005(Temp), f. 7-14-05, cert. ef. 7-18-05 thru 7-31-05
DFW 73-2005(Temp), f. 7-8-05, cert. ef. 7-11-05 thru 7-31-05
DFW 46-2005(Temp), f. 5-17-05, cert. ef. 5-18-05 thru 10-16-05
DFW 40-2005(Temp), f. & cert. ef. 5-10-05 thru 10-16-05
DFW 37-2005(Temp), f. & cert. ef. 5-5-05 thru 10-16-05
DFW 28-2005(Temp), f. & cert. ef. 4-28-05 thru 6-16-05
DFW 27-2005(Temp), f. & cert. ef. 4-20-05 thru 6-15-05
Reverted to DFW 6-2005, f. & cert. ef. 2-14-05
DFW 18-2005(Temp), f. & cert. ef. 3-15-05 thru 3-21-05
DFW 15-2005(Temp), f. & cert. ef. 3-10-05 thru 7-31-05
DFW 6-2005, f. & cert. ef. 2-14-05
Reverted to DFW 11-2004, f. & cert. ef. 2-13-04
DFW 109-2004(Temp), f. & cert. ef. 10-19-04 thru 12-31-04
DFW 79-2004(Temp), f. 8-2-04, cert. ef. 8-3-04 thru 12-31-04
Reverted to DFW 11-2004, f. & cert. ef. 2-13-04
DFW 44-2004(Temp), f. 5-17-04, cert. ef. 5-20-04 thru 7-31-04
DFW 39-2004(Temp), f. 5-5-04, cert.ef. 5-6-04 thru 7-31-04
Reverted to DFW 11-2004, f. & cert. ef. 2-13-04
DFW 28-2004(Temp), f. 4-8-04 cert. ef. 4-12-04 thru 4-15-04
Reverted to DFW 11-2004, f. & cert. ef. 2-13-04
DFW 22-2004(Temp), f. & cert. ef. 3-18-04 thru 3-31-04
DFW 19-2004(Temp), f. & cert. ef. 3-12-04 thru 3-31-04
DFW 11-2004, f. & cert. ef. 2-13-04
Reverted to DFW 12-2003, f. & cert. ef. 2-14-03
DFW 89-2003(Temp), f. 9-8-03, cert. ef. 9-9-03 thru 12-31-03
DFW 75-2003(Temp), f. & cert. ef. 8-1-03 thru 12-31-03
DFW 37-2003(Temp), f. & cert. ef. 5-7-03 thru 10-1-03
DFW 36-2003(Temp), f. 4-30-03, cert. ef. 5-1-03 thru 10-1-03
DFW 34-2003(Temp), f. & cert. ef. 4-24-03 thru 10-1-03
DFW 32-2003(Temp), f. & cert. ef. 4-23-03 thru 8-1-03
DFW 17-2003(Temp), f. 2-27-03, cert. ef. 3-1-03 thru 8-1-03
DFW 12-2003, f. & cert. ef. 2-14-03
Reverted to DFW 3-2001, f. & cert. ef. 2-6-01
DFW 96-2002(Temp), f. & cert. ef. 8-26-02 thru 12-31-02
DFW 82-2002(Temp), f. 8-5-02, cert. ef. 8-7-02 thru 9-1-02
DFW 15-2002(Temp), f. & cert. ef. 2-20-02 thru 8-18-02
Reverted to DFW 3-2001, f. & cert. ef. 2-6-01
DFW 106-2001(Temp), f. & cert. ef. 10-26-01 thru 12-31-01
DFW 76-2001(Temp), f. & cert. ef. 8-20-01 thru 10-31-01
Reverted to DFW 3-2001, f. & cert. ef. 2-6-01
DFW 66-2001(Temp), f. 8-2-01, cert. ef. 8-6-01 thru 8-14-01
DFW 3-2001, f. & cert. ef. 2-6-01
DFW 42-2000, f. & cert. ef. 8-3-00
DFW 9-2000, f. & cert. ef. 2-25-00
DFW 55-1999, f. & cert. ef. 8-12-99
Reverted to DFW 10-1999, f. & cert. ef. 2-26-99
DFW 52-1999(Temp), f. & cert. ef. 8-2-99 thru 8-6-99
DFW 10-1999, f. & cert. ef. 2-26-99
DFW 67-1998, f. & cert. ef. 8-24-98
Reverted to DFW 14-1998, f. & cert. ef. 3-3-98
DFW 60-1998(Temp), f. & cert. ef. 8-7-98 thru 8-21-98
Reverted to DFW 14-1998, f. & cert. ef. 3-3-98
DFW 18-1998(Temp), f. 3-9-98, cert. ef. 3-11-98 thru 3-31-98
DFW 14-1998, f. & cert. ef. 3-3-98
Reverted to FWC 47-1997, f. & cert. ef. 8-15-97
DFW 8-1998(Temp), f. & cert. ef. 2-5-98 thru 2-28-98
FWC 47-1997, f. & cert. ef. 8-15-97
FWC 4-1997, f. & cert. ef. 1-30-97
FWC 54-1996(Temp), f. & cert. ef. 9-23-96
FWC 45-1996(Temp), f. 8-16-96, cert. ef. 8-19-96
FWC 41-1996, f. & cert. ef. 8-12-96
FWC 37-1996(Temp), f. 6-11-96, cert. ef. 6-12-96
FWC 8-1995, f. 2-28-96, cert. ef. 3-1-96
FWC 69-1995, f. 8-25-95, cert. ef. 8-27-95
FWC 66-1995, f. 8-22-95, cert. ef. 8-27-95
FWC 48-1995(Temp), f. & cert. ef. 6-5-95
FWC 27-1995, f. 3-29-95, cert. ef. 4-1-95
Reverted to FWC 51-1994, f. 8-19-94, cert. ef. 8-22-94
FWC 66-1994(Temp), f. & cert. ef. 9-20-94
FWC 64-1994(Temp), f. 9-14-94, cert. ef. 9-15-94
FWC 51-1994, f. 8-19-94, cert. ef. 8-22-94
FWC 21-1994(Temp), f. 4-22-94, cert. ef. 4-25-94
FWC 48-1993, f. 8-6-93, cert. ef. 8-9-93
FWC 28-1993(Temp), f. & cert. ef. 4-26-93
Reverted to FWC 86-1991, f. 8-7-91, cert. ef. 8-18-91
FWC 74-1992(Temp), f. 8-10-92, cert. ef. 8-16-92
FWC 35-1992(Temp), f. 5-22-92, cert. ef. 5-25-92
FWC 30-1992(Temp), f. & cert. ef. 4-27-92
Reverted to FWC 86-1991, f. 8-7-91, cert. ef. 8-18-91
FWC 123-1991(Temp), f. & cert. ef. 10-21-91
FWC 86-1991, f. 8-7-91, cert. ef. 8-18-91
Reverted to FWC 73-1988, f. & cert. ef. 8-19-88
FWC 82-1990(Temp), f. 8-14-90, cert. ef. 8-19-90
Reverted to FWC 73-1988, f. & cert. ef. 8-19-88
FWC 55-1989(Temp), f. 8-7-89, cert. ef. 8-20-89
FWC 73-1988, f. & cert. ef. 8-19-88
FWC 64-1987, f. & ef. 8-7-87
Reverted to FWC 37-1986, f. & ef. 8-11-86
FWC 72-1986(Temp), f. & ef. 10-31-86
FWC 37-1986, f. & ef. 8-11-86
FWC 39-1985, f. & ef. 8-15-85
FWC 42-1984, f. & ef. 8-20-84
Reverted to FWC 37-1983, f. & ef. 8-18-83
FWC 61-1983(Temp), f. & ef. 10-19-83
FWC 37-1983, f. & ef. 8-18-83
FWC 54-1982, f. & ef. 8-17-82
Reverted to FWC 30-1981, f. & ef. 8-14-81
FWC 42-1981(Temp), f. & ef. 11-5-81
FWC 30-1981, f. & ef. 8-14-81
Reverted to FWC 28-1980, f. & ef. 6-23-80
FWC 42-1980(Temp), f. & ef. 8-22-80
FWC 28-1980, f. & ef. 6-23-80
FWC 32-1979, f. & ef. 8-22-79

Or. Admin. R. 635-042-0151 Big Creek Terminal Salmon Season

Reserve Number

History

Statutory/Other Authority: ORS 183.325 & ORS 506.119
Statutes/Other Implemented: ORS 506.109 & ORS 506.129
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
FWC 48-1997, f. & cert. ef. 8-25-97
FWC 51-1996(Temp), f. 9-6-96, cert. ef. 9-9-96
FWC 46-1996, f. & cert. ef. 8-23-96
FWC 86-1991, f. 8-7-91, cert. ef. 8-18-91
FWC 82-1990(Temp), f. 8-14-90, cert. ef. 8-19-90
FWC 55-1989(Temp), f. 8-7-89, cert. ef. 8-20-89
FWC 83-1988(Temp), f. & cert. ef. 9-6-88
FWC 73-1988, f. & cert. ef. 8-19-88
FWC 64-1987, f. & ef. 8-7-87

Or. Admin. R. 635-042-0154 Carp and Other Nongame Fish

It is unlawful to fish for or possess carp and other nongame fish from the Columbia River for commercial purposes except:

(1) As authorized by ORS 508.106 (permit to take carp or other foodfish).

(2) During open commercial fishing periods with gear authorized for those open commercial fishing periods.

History

Statutory/Other Authority: ORS 183, 506, 507 & 509
Statutes/Other Implemented: ORS 183, 506, 507 & 509
FWC 10-1988, f. & cert. ef. 3-4-88

Or. Admin. R. 635-042-0160 Temporary rule language in effect until 12/31/2026. Blind Slough and Knappa Slough Select Area Commercial Fishery

(1) Salmon (except Chum) may be taken with gillnets for commercial purposes during open fishing periods in Blind Slough and Knappa Slough as described below:

(a) The Blind Slough Select Area is defined as waters of Blind Slough and Gnat Creek from a north-south line represented by regulatory markers at the mouth of Blind Slough upstream to a regulatory marker in Gnat Creek located approximately 0.5 miles southeasterly (upstream) of the Barendse Road Bridge.

(b) Upper Blind Slough is defined as Oregon state waters of the Blind Slough Select Area upstream of the railroad bridge, located approximately 1.25 miles east (upstream) of the mouth of Blind Slough.

(c) The Knappa Slough Select Area is defined as waters of Knappa Slough, Calendar Slough, and Big Creek Slough bounded to the north (upstream) by a line projecting from a regulatory marker on the eastern shore of Karlson Island to the northernmost regulatory marker at the mouth of Blind Slough and bounded to the west (downstream) by a line projecting southerly from a regulatory marker on the southwestern tip of Karlson Island through regulatory markers on the western tips of Minaker Island to a marker on the Oregon shore. The waters of Knappa Slough within a 100-foot radius of the railroad bridge crossing Big Creek are closed.

(2) Open fishing periods are established in four segments categorized as the winter season in subsection (2)(a); the spring season in subsection (2)(b); the summer season in subsection (2)(c); and the fall season in subsection (2)(d).

(a) Winter Season:

(A) Open area includes the Blind Slough and Knappa Slough Select Areas defined in (1)(a) and (1)(c) above, except the downstream (western) boundary in Knappa Slough is a north-south line projecting through the easternmost tip of Minaker Island and regulatory markers on Karlson Island and the Oregon shore.

(B) The minimum mesh size is 7-inches.

(b) Spring Season:

(A) Open area includes the Blind Slough and Knappa Slough Select Areas defined in (1)(a) and (1)(c) above, except through the first Friday in May the downstream (western) boundary in Knappa Slough is a north-south line projecting through the easternmost tip of Minaker Island and regulatory markers on Karlson Island and the Oregon shore.

(B) The maximum mesh size is 9.75-inches.

(A) Open area includes the Blind Slough and Knappa Slough Select Areas defined in (1)(a) and (1)(c) above.

(B) The maximum mesh size is 9.75-inches.

(d) Fall Season:

(A) Open area includes the Blind Slough and Knappa Slough Select Areas defined in (1)(a) and (1)(c) above.

(B) The maximum mesh size is 6-inches.

(i) 7:00 p.m. August 24 through 7:00 a.m. August 25;

(ii) 7:00 p.m. August 27 through 7:00 a.m. August 28; and

(iii) 6:00 p.m. to 10:00 a.m. on Monday, Tuesday, Wednesday, and Thursday nights from August 31 to October 30.

(3) Additional gear restrictions include:

(a) Gill nets may not exceed 600 feet (100 fathoms) in length.

(b) There is no lead line weight limit and attachment of additional weight or anchors directly to the lead line is permitted.

(c) Nets not specifically authorized for use may be onboard a vessel if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater.

(4) Oregon licenses are required in the open waters upstream from the railroad bridge in Blind Slough.

History

Statutory/Other Authority: ORS 183.325, ORS 506.109 & ORS 506.119
Statutes/Other Implemented: ORS 506.129 & ORS 507.030
DFW 74-2026, temporary amend filed 08/01/2026, effective 08/01/2026 through 12/31/2026
DFW 12-2026, temporary amend filed 02/12/2026, effective 02/15/2026 through 07/31/2026
DFW 63-2025, temporary amend filed 07/31/2025, effective 08/01/2025 through 12/31/2025
DFW 38-2025, temporary amend filed 05/21/2025, effective 05/22/2025 through 07/31/2025
DFW 13-2025, temporary amend filed 02/11/2025, effective 02/11/2025 through 07/31/2025
DFW 92-2024, temporary amend filed 10/02/2024, effective 10/02/2024 through 12/31/2024
DFW 65-2024, temporary amend filed 08/01/2024, effective 08/01/2024 through 12/31/2024
DFW 48-2024, temporary amend filed 06/18/2024, effective 06/19/2024 through 07/31/2024
DFW 33-2024, temporary amend filed 05/16/2024, effective 05/20/2024 through 07/31/2024
DFW 12-2024, temporary amend filed 02/14/2024, effective 02/14/2024 through 07/31/2024
DFW 76-2023, temporary amend filed 08/01/2023, effective 08/01/2023 through 12/31/2023
DFW 29-2023, temporary amend filed 04/05/2023, effective 04/06/2023 through 07/31/2023
DFW 14-2023, temporary amend filed 02/15/2023, effective 02/16/2023 through 07/31/2023
DFW 127-2022, temporary amend filed 09/14/2022, effective 09/18/2022 through 12/31/2022
DFW 99-2022, temporary amend filed 07/28/2022, effective 08/01/2022 through 12/31/2022
DFW 69-2022, temporary amend filed 06/22/2022, effective 06/22/2022 through 07/31/2022
DFW 54-2022, temporary amend filed 05/20/2022, effective 05/23/2022 through 07/31/2022
DFW 39-2022, temporary amend filed 04/20/2022, effective 04/21/2022 through 07/31/2022
DFW 15-2022, temporary amend filed 02/23/2022, effective 02/24/2022 through 07/31/2022
DFW 12-2022, temporary amend filed 02/16/2022, effective 02/17/2022 through 07/31/2022
DFW 122-2021, temporary amend filed 08/20/2021, effective 08/23/2021 through 11/25/2021
DFW 96-2021, temporary amend filed 07/02/2021, effective 07/05/2021 through 07/31/2021
DFW 38-2021, temporary amend filed 03/31/2021, effective 04/01/2021 through 07/02/2021
DFW 34-2021, temporary amend filed 03/24/2021, effective 03/25/2021 through 07/02/2021
DFW 15-2021, temporary amend filed 02/18/2021, effective 02/18/2021 through 07/02/2021
DFW 100-2020, temporary amend filed 08/04/2020, effective 08/04/2020 through 12/31/2020
DFW 83-2020, temporary amend filed 07/08/2020, effective 07/09/2020 through 07/30/2020
DFW 38-2020, temporary amend filed 04/02/2020, effective 04/03/2020 through 07/30/2020
DFW 15-2020, temporary amend filed 02/13/2020, effective 02/17/2020 through 07/30/2020
DFW 110-2019, temporary amend filed 08/06/2019, effective 08/06/2019 through 11/29/2019
DFW 42-2019, temporary amend filed 04/17/2019, effective 04/17/2019 through 07/29/2019
DFW 33-2019, temporary amend filed 04/01/2019, effective 04/04/2019 through 07/29/2019
DFW 32-2019, temporary amend filed 03/29/2019, effective 04/01/2019 through 07/29/2019
DFW 11-2019, temporary amend filed 01/31/2019, effective 02/01/2019 through 07/29/2019
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
DFW 145-2018, temporary amend filed 09/20/2018, effective 09/23/2018 through 12/31/2018
DFW 136-2018, temporary amend filed 09/12/2018, effective 09/13/2018 through 12/31/2018
DFW 104-2018, temporary amend filed 08/01/2018, effective 08/27/2018 through 12/31/2018
DFW 86-2018, temporary amend filed 06/29/2018, effective 07/02/2018 through 07/26/2018
DFW 44-2018, temporary amend filed 04/12/2018, effective 04/12/2018 through 07/26/2018
DFW 35-2018, temporary amend filed 03/29/2018, effective 03/29/2018 through 07/26/2018
DFW 12-2018, temporary amend filed 02/01/2018, effective 02/05/2018 through 07/26/2018
DFW 127-2017, temporary amend filed 09/28/2017, effective 10/01/2017 through 12/31/2017
DFW 99-2017(Temp), f. 7-31-17, cert. ef. 8-1-17 thru 12-31-17
DFW 86-2017(Temp), f. 7-6-17, cert. ef. 7-13-17 thru 9-15-17
DFW 76-2017(Temp), f. & cert. ef. 6-15-17 thru 9-15-17
DFW 61-2017(Temp), f. 5-18-17, cert. ef. 5-22-17 thru 9-15-17
DFW 40-2017(Temp), f. 4-12-17, cert. ef. 4-13-17 thru 9-15-17
DFW 39-2017(Temp), f. 4-5-17, cert. ef. 4-6-17 thru 9-15-17
DFW 32-2017(Temp), f. 3-29-17, cert. ef. 3-30-17 thru 9-15-17
DFW 25-2017(Temp), f. & cert. ef. 3-20-17 thru 6-13-17
DFW 9-2017(Temp), f. & cert. ef. 2-6-17 thru 3-28-17
DFW 129-2016(Temp), f. 9-29-16, cert. ef. 10-1-16 thru 13-31-16
DFW 101-2016(Temp), f. 8-2-16, cert. ef. 8-24-16 thru 10-31-16
DFW 92-2016(Temp), f. 7-13-16, cert. ef. 7-14-16 thru 7-31-16
DFW 87-2016(Temp), f. & cert. ef. 7-7-16 thru 7-31-16
DFW 85-2016(Temp), f. & cert. ef. 6-30-16 thru 7-31-16
DFW 78-2016(Temp), f. 6-23-16 thru 7-31-16
DFW 71-2016(Temp), f. 6-13-16, cert. ef. 6-16-16 thru 7-31-16
DFW 32-2016(Temp), f. 4-20-16, cert. ef. 4-21-16 thru 7-31-16
DFW 23-2016(Temp), f. & cert. ef. 3-28-16 thru 7-31-16
DFW 8-2016(Temp), f. 2-1-16, cert. ef. 2-8-16 thru 7-31-16
FWC 46-1996, f. & cert. ef. 8-23-96; FWC 48-1997, f. & cert. ef. 8-25-97; DFW 15-1998, f. & cert. ef. 3-3-98; DFW 67-1998, f. & cert. ef. 8-24-98; DFW 86-1998(Temp), f. & cert. ef. 10-28-98 thru 10-30-98; DFW 10-1999, f. & cert. ef. 2-26-99; DFW 48-1999(Temp), f. & cert. ef. 6-24-99 thru 7-2-99; DFW 55-1999, f. & cert. ef. 8-12-99; DFW 9-2000, f. & cert. ef. 2-25-00; DFW 42-2000, f. & cert. ef. 8-3-00; DFW 65-2000(Temp), f. 9-22-00, cert. ef. 9-25-00 thru 12-31-00; DFW 3-2001, f. & cert. ef. 2-6-01; DFW 84-2001(Temp), f. & cert. ef. 8-29-01 thru 12-31-01; DFW 86-2001, f. & cert. ef. 9-4-01 thru 12-31-01; DFW 89-2001(Temp), f. & cert. ef. 9-14-01 thru 12-31-01; DFW 106-2001(Temp), f. & cert. ef. 10-26-01 thru 12-31-01; DFW 14-2002(Temp), f. 2-13-02, cert. ef. 2-18-02 thru 8-17-02; DFW 96-2002(Temp), f. & cert. ef. 8-26-02 thru 12-31-02; DFW 12-2003, f. & cert. ef. 2-14-03; DFW 34-2003(Temp), f. & cert. ef. 4-24-03 thru 10-1-03; DFW 36-2003(Temp), f. 4-30-03, cert. ef. 5-1-03 thru 10-1-03; DFW 75-2003(Temp), f. & cert. ef. 8-1-03 thru 12-31-03; DFW 89-2003(Temp), f. 9-8-03, cert. ef. 9-9-03 thru 12-31-03; DFW 11-2004, f. & cert. ef. 2-13-04; DFW 19-2004(Temp), f. & cert. ef. 3-12-04 thru 3-31-04; DFW 22-2004(Temp), f. & cert. ef. 3-18-04 thru 3-31-04; DFW 28-2004(Temp), f. 4-8-04 cert. ef. 4-12-04 thru 4-15-04; DFW 39-2004(Temp), f. 5-5-04, cert.ef. 5-6-04 thru 7-31-04; DFW 44-2004(Temp), f. 5-17-04, cert. ef. 5-20-04 thru 7-31-04; DFW 79-2004(Temp), f. 8-2-04, cert. ef. 8-3-04 thru 12-31-04; DFW 95-2004(Temp), f. 9-17-04, cert. ef. 9-19-04 thru 12-31-04; DFW 109-2004(Temp), f. & cert. ef. 10-19-04 thru 12-31-04; DFW 6-2005, f. & cert. ef. 2-14-05; DFW 16-2005(Temp), f. & cert. ef. 3-10-05 thru 7-31-05; DFW 18-2005(Temp), f. & cert. ef. 3-15-05 thru 3-21-05; Administrative correction, 4-20-05; DFW 27-2005(Temp), f. & cert. ef. 4-20-05 thru 6-15-05; DFW 28-2005(Temp), f. & cert. ef. 4-28-05 thru 6-16-05; DFW 37-2005(Temp), f. & cert. ef. 5-5-05 thru 10-16-05; DFW 40-2005(Temp), f. & cert. ef. 5-10-05 thru 10-16-05; DFW 85-2005(Temp), f. 8-1-05, cert. ef. 8-3-05 thru 12-31-05; DFW 109-2005(Temp), f. & cert. ef. 9-19-05 thru 12-31-05; DFW 110-2005(Temp), f. & cert. ef. 9-26-05 thru 12-31-05; DFW 116-2005(Temp), f. 10-4-05, cert. ef. 10-5-05 thru 12-31-05; DFW 120-2005(Temp), f. & cert. ef. 10-11-05 thru 12-31-05; DFW 124-2005(Temp), f. & cert. ef. 10-18-05 thru 12-31-05; Administrative correction, 1-20-06; DFW 5-2006, f. & cert. ef. 2-15-06; DFW 14-2006(Temp), f. 3-15-06, cert. ef. 3-16-06 thru 7-27-06; DFW 16-2006(Temp), f. 3-23-06 & cert. ef. 3-26-06 thru 7-27-06; DFW 18-2006(Temp), f. 3-29-06, cert. ef. 4-2-06 thru 7-27-06; DFW 20-2006(Temp), f. 4-7-06, cert. ef. 4-9-06 thru 7-27-06; DFW 32-2006(Temp), f. & cert. ef. 5-23-06 thru 7-31-06; DFW 35-2006(Temp), f. & cert. ef. 5-30-06 thru 7-31-06; DFW 75-2006(Temp), f. 8-8-06, cert. ef. 9-5-06 thru 12-31-06; DFW 92-2006(Temp), f. 9-1-06, cert. ef. 9-5-06 thru 12-31-06; DFW 98-2006(Temp), f. & cert. ef. 9-12-06 thru 12-31-06; DFW 103-2006(Temp), f. 9-15-06, cert. ef. 9-18-06 thru 12-31-06; DFW 119-2006(Temp), f. & cert. ef. 10-18-06 thru 12-31-06; Administrative correction, 1-16-07; DFW 7-2007(Temp), f. 1-31-07, cert. ef. 2-1-07 thru 7-30-07; DFW 9-2007, f. & cert. ef. 2-14-07; DFW 13-2007(Temp), f. & cert. ef. 3-6-07 thru 9-1-07; DFW 25-2007(Temp), f. 4-17-07, cert. ef. 4-18-07 thru 7-26-07; DFW 61-2007(Temp), f. 7-30-07, cert. ef. 8-1-07 thru 10-31-07; DFW 108-2007(Temp), f. 10-12-07, cert. ef. 10-14-07 thru 12-31-07; Administrative correction, 1-24-08; DFW 6-2008(Temp), f. 1-29-08, cert. ef. 1-31-08 thru 7-28-08; DFW 16-2008(Temp), f. 2-26-08, cert. ef. 3-2-08 thru 8-28-08; DFW 48-2008(Temp), f. & cert. ef. 5-12-08 thru 8-28-08; DFW 58-2008(Temp), f. & cert. ef. 6-4-08 thru 8-31-08; DFW 85-2008(Temp), f. 7-24-08, cert. ef. 8-1-08 thru 12-31-08; DFW 103(Temp), f. 8-26-08, cert. ef. 9-2-08 thru 10-31-08; DFW 108-2008(Temp), f. 9-8-08, cert. ef. 9-9-08 thru 12-31-08; Administrative correction, 1-23-09; DFW 12-2009(Temp), f. 2-13-09, cert. ef. 2-15-09 thru 7-31-09; DFW 49-2009(Temp), f. 5-14-09, cert. ef 5-17-09 thru 7-31-09; DFW 89-2009(Temp), f. 8-3-09, cert. ef. 8-4-09 thru 12-31-09; DFW 107-2009(Temp), f. 9-2-09, cert. ef. 9-5-09 thru 10-31-09; Administrative correction, 11-19-09; DFW 15-2010(Temp), f. 2-19-10, cert. ef. 2-21-10 thru 6-11-10; DFW 46-2010(Temp), f. & cert. ef. 4-21-10 thru 7-31-10; DFW 53-2010(Temp), f. & cert. ef. 5-4-10 thru 7-31-10; DFW 57-2010(Temp), f. & cert. ef. 5-11-10 thru 7-31-10; DFW 69-2010(Temp), f. & cert. ef. 5-18-10 thru 7-31-10; DFW 113-2010(Temp), f. 8-2-10, cert. ef. 8-4-10 thru 10-31-10; DFW 129-2010(Temp), f. & cert. ef. 9-10-10 thru 10-31-10; Administrative correction, 11-23-10; DFW 12-2011(Temp), f. 2-10-11, cert. ef. 2-13-11 thru 7-29-11; DFW 23-2011, f. & cert. ef. 3-21-11; DFW 32-2011(Temp), f. 4-20-11, cert. ef. 4-21-11 thru 7-29-11; DFW 44-2011(Temp), f. & cert. ef. 5-11-11 thru 6-10-11; Administrative correction, 6-28-11; DFW 113-2011(Temp), f. 8-10-11, cert. ef. 8-15-11 thru 10-31-11; Administrative correction, 11-18-11; DFW 12-2012(Temp), f. 2-8-12, cert. ef. 2-12-12 thru 7-31-12; DFW 104-2012(Temp), f. 8-6-12, cert. ef. 8-13-12 thru 10-31-12; Administrative correction, 11-23-12; DFW 11-2013(Temp), f. 2-8-13, cert. ef. 2-11-13 thru 7-31-13; DFW 24-2013(Temp), f. & cert. ef. 3-21-13 thru 7-31-13; Administrative correction, 8-21-13; DFW 91-2013(Temp), f. 8-22-13, cert. ef. 8-26-13 thru 10-31-13; DFW 110-2013(Temp), f. 9-27-13, cert. ef. 9-30-13 thru 10-31-13; Administrative correction, 11-22-13; DFW 8-2014(Temp), f. & cert. ef. 2-10-14 thru 7-31-14; DFW 35-2014(Temp), f. & cert. ef. 4-24-14 thru 7-31-14; DFW 39-2014(Temp), f. 5-7-14, cert. ef. 5-8-14 thru 7-31-14; DFW 115-2014(Temp), f. 8-5-14, cert. ef. 8-18-14 thru 10-31-14; DFW 135-2014(Temp), f & cert. ef. 9-19-14 thru 10-31-14; Administrative correction, 11-24-14; DFW 10-2015(Temp), f. 2-3-15, cert. ef. 2-9-15 thru 7-30-15; DFW 29-2015(Temp), f. & cert. ef. 4-21-15 thru 7-30-15; DFW 37-2015(Temp), f. 5-1-15, cert. ef. 5-4-15 thru 7-30-15; DFW 70-2015(Temp), f. 6-15-15, cert. ef. 6-16-15 thru 7-31-15; DFW 76-2015(Temp), f. 6-23-15, cert. ef. 6-25-15 thru 7-31-15; DFW 102-2015(Temp), f. 8-10-15, cert. ef. 8-17-15 thru 10-31-15

Or. Admin. R. 635-042-0170 Temporary rule language in effect until 12/31/2026. Tongue Point and South Channel Select Area Commercial Fishery

(1) Salmon (except Chum) may be taken with gillnets for commercial purposes during open fishing periods in Tongue Point and South Channel as described below:

(a) The Tongue Point Select Area is defined as waters of the Columbia River bounded by a line from a regulatory marker on the eastern shore of Tongue Point (midway between the red USCG light “2” at the tip of Tongue Point and the northern-most pier (#8) at the Tongue Point Job Corps facility) to the flashing green USCG light “3” on the rock jetty at the northwest tip of Mott Island, a line from a regulatory marker at the southeast end of Mott Island northeasterly to a regulatory marker on the northwest shore of Lois Island, and a line from a regulatory marker located on the Oregon shore approximately 300 yards northwest of the railroad bridge crossing the John Day River projecting easterly to a regulatory marker on the southwest shore of Lois Island.

(A) If the marker on the eastern shore of Tongue Point is not in place, the downstream boundary is defined by a line projecting from a point (46°12'31.1"N latitude 123°45'34.0"W longitude) on the eastern shore of Tongue Point to the flashing green USCG light “3” on the rock jetty at the northwest tip of Mott Island.

(B) If the marker on the Oregon shore is not in place, the upstream boundary is defined by a line projecting from a point (46°10'57.7"N latitude 123°44'35.3"W longitude) on the Oregon shore approximately 300 yards northwest of the railroad bridge crossing the John Day River projecting easterly to a regulatory marker on Lois Island.

(b) The Tongue Point Winter-Spring Subarea is defined as waters of the Columbia River bounded by a line from the end of the southern-most pier (#1) at the Tongue Point Job Corps facility projecting in a straight line through flashing red USCG light “6” to the shore of Mott Island, a line from a regulatory marker at the southeast end of Mott Island northeasterly to a regulatory marker on the northwest shore of Lois Island, and a line from a regulatory marker located on the Oregon shore approximately 300 yards northwest of the railroad bridge crossing the John Day River projecting easterly to a regulatory marker on the southwest shore of Lois Island. If the marker on the Oregon shore is not in place, the upper boundary is defined by a line projecting easterly from a point (46°10'57.7"N latitude 123°44'35.3"W longitude) on the Oregon shore approximately 300 yards northwest of the railroad bridge crossing the John Day River to a regulatory marker on the southwest shore of Lois Island.

(c) The South Channel Select Area is defined as waters of the Columbia River bounded by a line from a regulatory marker on the Oregon shore at John Day Point projecting northeasterly to a regulatory marker on the southwest shore of Lois Island, and a line from a regulatory marker on Settler Point projecting northwesterly to the flashing red USCG light “10” then projecting westerly to the eastern tip of Burnside Island.

(a) Winter Season:

(A) Open area includes the Tongue Point Winter-Spring Subarea and the South Channel Select Area defined in (1)(b) and (1)(c) above.

(B) The minimum mesh size is 7-inches.

(b) Spring Season:

(A) Open area includes the Tongue Point Winter-Spring Subarea and the South Channel Select Area defined in (1)(b) and (1)(c) above.

(B) The maximum mesh size is 9.75-inches.

(A) Open area includes the Tongue Point and South Channel Select Areas defined in (1)(a) and (1)(c) above.

(B) The maximum mesh size is 9.75-inches.

(d) Fall Season:

(A) Open area includes the Tongue Point and South Channel Select Areas defined in (1)(a) and (1)(c) above.

(B) The maximum mesh size is 6-inches.

(i) 7:00 p.m. August 24 through 7:00 a.m. August 25;

(ii) 7:00 p.m. August 27 through 7:00 a.m. August 28; and

(iii) 4:00 p.m. to 10:00 a.m. on Monday, Tuesday, Wednesday, and Thursday nights from August 31 to October 30.

(3) Additional gear restrictions include:

(a) The maximum net length is 1,500 feet (250 fathoms).

(b) In the Tongue Point Select Area and the Tongue Point Winter-Spring Subarea, the lead line weight may not exceed two pounds per any one fathom; however, unstored gillnets legal for use in South Channel may be onboard.

(c) In the South Channel Select Area, there is no lead line weight limit and attachment of additional weight and anchors directly to the lead line is permitted.

History

Statutory/Other Authority: ORS 183.325, ORS 506.109 & ORS 506.119
Statutes/Other Implemented: ORS 506.129 & ORS 507.030
DFW 74-2026, temporary amend filed 08/01/2026, effective 08/01/2026 through 12/31/2026
DFW 12-2026, temporary amend filed 02/12/2026, effective 02/15/2026 through 07/31/2026
DFW 63-2025, temporary amend filed 07/31/2025, effective 08/01/2025 through 12/31/2025
DFW 38-2025, temporary amend filed 05/21/2025, effective 05/22/2025 through 07/31/2025
DFW 13-2025, temporary amend filed 02/11/2025, effective 02/11/2025 through 07/31/2025
DFW 65-2024, temporary amend filed 08/01/2024, effective 08/01/2024 through 12/31/2024
DFW 48-2024, temporary amend filed 06/18/2024, effective 06/19/2024 through 07/31/2024
DFW 33-2024, temporary amend filed 05/16/2024, effective 05/20/2024 through 07/31/2024
DFW 23-2024, temporary amend filed 04/04/2024, effective 04/05/2024 through 07/31/2024
DFW 12-2024, temporary amend filed 02/14/2024, effective 02/14/2024 through 07/31/2024
DFW 76-2023, temporary amend filed 08/01/2023, effective 08/01/2023 through 12/31/2023
DFW 29-2023, temporary amend filed 04/05/2023, effective 04/06/2023 through 07/31/2023
DFW 14-2023, temporary amend filed 02/15/2023, effective 02/16/2023 through 07/31/2023
DFW 127-2022, temporary amend filed 09/14/2022, effective 09/18/2022 through 12/31/2022
DFW 99-2022, temporary amend filed 07/28/2022, effective 08/01/2022 through 12/31/2022
DFW 69-2022, temporary amend filed 06/22/2022, effective 06/22/2022 through 07/31/2022
DFW 54-2022, temporary amend filed 05/20/2022, effective 05/23/2022 through 07/31/2022
DFW 39-2022, temporary amend filed 04/20/2022, effective 04/21/2022 through 07/31/2022
DFW 15-2022, temporary amend filed 02/23/2022, effective 02/24/2022 through 07/31/2022
DFW 12-2022, temporary amend filed 02/16/2022, effective 02/17/2022 through 07/31/2022
DFW 122-2021, temporary amend filed 08/20/2021, effective 08/23/2021 through 11/25/2021
DFW 96-2021, temporary amend filed 07/02/2021, effective 07/05/2021 through 07/31/2021
DFW 41-2021, temporary amend filed 04/08/2021, effective 04/08/2021 through 07/02/2021
DFW 38-2021, temporary amend filed 03/31/2021, effective 04/01/2021 through 07/02/2021
DFW 34-2021, temporary amend filed 03/24/2021, effective 03/25/2021 through 07/02/2021
DFW 17-2021, temporary amend filed 02/18/2021, effective 02/18/2021 through 07/02/2021
DFW 100-2020, temporary amend filed 08/04/2020, effective 08/04/2020 through 12/31/2020
DFW 83-2020, temporary amend filed 07/08/2020, effective 07/09/2020 through 07/30/2020
DFW 39-2020, temporary amend filed 04/02/2020, effective 04/03/2020 through 07/30/2020
DFW 23-2020, temporary amend filed 03/05/2020, effective 03/09/2020 through 07/30/2020
DFW 15-2020, temporary amend filed 02/13/2020, effective 02/17/2020 through 07/30/2020
DFW 110-2019, temporary amend filed 08/06/2019, effective 08/06/2019 through 11/29/2019
DFW 55-2019, temporary amend filed 05/10/2019, effective 05/15/2019 through 07/29/2019
DFW 42-2019, temporary amend filed 04/17/2019, effective 04/17/2019 through 07/29/2019
DFW 32-2019, temporary amend filed 03/29/2019, effective 04/01/2019 through 07/29/2019
DFW 11-2019, temporary amend filed 01/31/2019, effective 02/01/2019 through 07/29/2019
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
DFW 147-2018, temporary amend filed 09/20/2018, effective 09/23/2018 through 12/31/2018
DFW 137-2018, temporary amend filed 09/12/2018, effective 09/13/2018 through 12/31/2018
DFW 104-2018, temporary amend filed 08/01/2018, effective 08/27/2018 through 12/31/2018
DFW 86-2018, temporary amend filed 06/29/2018, effective 07/02/2018 through 07/26/2018
DFW 44-2018, temporary amend filed 04/12/2018, effective 04/12/2018 through 07/26/2018
DFW 35-2018, temporary amend filed 03/29/2018, effective 03/29/2018 through 07/26/2018
DFW 30-2018, temporary amend filed 03/14/2018, effective 03/15/2018 through 07/26/2018
DFW 12-2018, temporary amend filed 02/01/2018, effective 02/05/2018 through 07/26/2018
DFW 127-2017, temporary amend filed 09/28/2017, effective 10/01/2017 through 12/31/2017
DFW 99-2017(Temp), f. 7-31-17, cert. ef. 8-1-17 thru 12-31-17
DFW 86-2017(Temp), f. 7-6-17, cert. ef. 7-13-17 thru 9-15-17
DFW 76-2017(Temp), f. & cert. ef. 6-15-17 thru 9-15-17
DFW 61-2017(Temp), f. 5-18-17, cert. ef. 5-22-17 thru 9-15-17
DFW 32-2017(Temp), f. 3-29-17, cert. ef. 3-30-17 thru 9-15-17
DFW 25-2017(Temp), f. & cert. ef. 3-20-17 thru 6-13-17
DFW 9-2017(Temp), f. & cert. ef. 2-6-17 thru 3-28-17
DFW 101-2016(Temp), f. 8-2-16, cert. ef. 8-24-16 thru 10-31-16
DFW 92-2016(Temp), f. 7-13-16, cert. ef. 7-14-16 thru 7-31-16
DFW 87-2016(Temp), f. & cert. ef. 7-7-16 thru 7-31-16
DFW 85-2016(Temp), f. & cert. ef. 6-30-16 thru 7-31-16
DFW 78-2016(Temp), f. 6-23-16 thru 7-31-16
DFW 71-2016(Temp), f. 6-13-16, cert. ef. 6-16-16 thru 7-31-16
DFW 32-2016(Temp), f. 4-20-16, cert. ef. 4-21-16 thru 7-31-16
DFW 8-2016(Temp), f. 2-1-16, cert. ef. 2-8-16 thru 7-31-16
DFW 102-2015(Temp), f. 8-10-15, cert. ef. 8-17-15 thru 10-31-15
DFW 37-2015(Temp), f. 5-1-15, cert. ef. 5-4-15 thru 7-30-15
DFW 29-2015(Temp), f. & cert. ef. 4-21-15 thru 7-30-15
DFW 10-2015(Temp), f. 2-3-15, cert. ef. 2-9-15 thru 7-30-15
DFW 135-2014(Temp), f & cert. ef. 9-19-14 thru 10-31-14
DFW 115-2014(Temp), f. 8-5-14, cert. ef. 8-18-14 thru 10-31-14
DFW 39-2014(Temp), f. 5-7-14, cert. ef. 5-8-14 thru 7-31-14
DFW 35-2014(Temp), f. & cert. ef. 4-24-14 thru 7-31-14
DFW 8-2014(Temp), f. & cert. ef. 2-10-14 thru 7-31-14
DFW 110-2013(Temp), f. 9-27-13, cert. ef. 9-30-13 thru 10-31-13
DFW 91-2013(Temp), f. 8-22-13, cert. ef. 8-26-13 thru 10-31-13
DFW 34-2013(Temp), f. 5-14-13, cert. ef. 5-15-13 thru 7-31-13
DFW 11-2013(Temp), f. 2-8-13, cert. ef. 2-11-13 thru 7-31-13
DFW 104-2012(Temp), f. 8-6-12, cert. ef. 8-13-12 thru 10-31-12
DFW 41-2012(Temp), f. 4-24-12, cert. ef. 4-26-12 thru 6-30-12
DFW 122-2011(Temp), f. 8-29-11, cert. ef. 9-19-11 thru 10-31-11
DFW 113-2011(Temp), f. 8-10-11, cert. ef. 8-15-11 thru 10-31-11
DFW 44-2011(Temp), f. & cert. ef. 5-11-11 thru 6-10-11
DFW 32-2011(Temp), f. 4-20-11, cert. ef. 4-21-11 thru 7-29-11
DFW 23-2011, f. & cert. ef. 3-21-11
DFW 12-2011(Temp), f. 2-10-11, cert. ef. 2-13-11 thru 7-29-11
DFW 129-2010(Temp), f. & cert. ef. 9-10-10 thru 10-31-10
DFW 113-2010(Temp), f. 8-2-10, cert. ef. 8-4-10 thru 10-31-10
DFW 69-2010(Temp), f. & cert. ef. 5-18-10 thru 7-31-10
DFW 57-2010(Temp), f. & cert. ef. 5-11-10 thru 7-31-10
DFW 53-2010(Temp), f. & cert. ef. 5-4-10 thru 7-31-10
DFW 46-2010(Temp), f. & cert. ef. 4-21-10 thru 7-31-10
DFW 29-2010(Temp), f. 3-9-10, cert. ef. 4-19-10 thru 6-12-10
DFW 107-2009(Temp), f. 9-2-09, cert. ef. 9-5-09 thru 10-31-09
DFW 89-2009(Temp), f. 8-3-09, cert. ef. 8-4-09 thru 12-31-09
DFW 12-2009(Temp), f. 2-13-09, cert. ef. 2-15-09 thru 7-31-09
DFW 108-2008(Temp), f. 9-8-08, cert. ef. 9-9-08 thru 12-31-08
DFW 85-2008(Temp), f. 7-24-08, cert. ef. 8-1-08 thru 12-31-08
DFW 58-2008(Temp), f. & cert. ef. 6-4-08 thru 8-31-08
DFW 48-2008(Temp), f. & cert. ef. 5-12-08 thru 8-28-08
DFW 44-2008(Temp), f. 4-25-08, cert. ef. 4-28-08 thru 10-24-08
DFW 108-2007(Temp), f. 10-12-07, cert. ef. 10-14-07 thru 12-31-07
DFW 61-2007(Temp), f. 7-30-07, cert. ef. 8-1-07 thru 10-31-07
DFW 119-2006(Temp), f. & cert. ef. 10-18-06 thru 12-31-06
DFW 103-2006(Temp), f. 9-15-06, cert. ef. 9-18-06 thru 12-31-06
DFW 76-2006(Temp), f. 8-8-06, cert. ef. 9-5-06 thru 12-31-06
DFW 124-2005(Temp), f. & cert. ef. 10-18-05 thru 12-31-05
DFW 120-2005(Temp), f. & cert. ef. 10-11-05 thru 12-31-05
DFW 116-2005(Temp), f. 10-4-05, cert. ef. 10-5-05 thru 12-31-05
DFW 110-2005(Temp), f. & cert. ef. 9-26-05 thru 12-31-05
DFW 109-2005(Temp), f. & cert. ef. 9-19-05 thru 12-31-05
DFW 85-2005(Temp), f. 8-1-05, cert. ef. 8-3-05 thru 12-31-05
DFW 6-2005, f. & cert. ef. 2-14-05
DFW 109-2004(Temp), f. & cert. ef. 10-19-04 thru 12-31-04
DFW 95-2004(Temp), f. 9-17-04, cert. ef. 9-19-04 thru 12-31-04
DFW 79-2004(Temp), f. 8-2-04, cert. ef. 8-3-04 thru 12-31-04
DFW 89-2003(Temp), f. 9-8-03, cert. ef. 9-9-03 thru 12-31-03
DFW 75-2003(Temp), f. & cert. ef. 8-1-03 thru 12-31-03
DFW 36-2003(Temp), f. 4-30-03, cert. ef. 5-1-03 thru 10-1-03
DFW 34-2003(Temp), f. & cert. ef. 4-24-03 thru 10-1-03
DFW 12-2003, f. & cert. ef. 2-14-03
DFW 96-2002(Temp), f. & cert. ef. 8-26-02 thru 12-31-02
DFW 15-2002(Temp), f. & cert. ef. 2-20-02 thru 8-18-02
DFW 106-2001(Temp), f. & cert. ef. 10-26-01 thru 12-31-01
DFW 89-2001(Temp), f. & cert. ef. 9-14-01 thru 12-31-01
DFW 84-2001(Temp), f. & cert. ef. 8-29-01 thru 12-31-01
DFW 3-2001, f. & cert. ef. 2-6-01
DFW 42-2000, f. & cert. ef. 8-3-00
DFW 9-2000, f. & cert. ef. 2-25-00
DFW 55-1999, f. & cert. ef. 8-12-99
DFW 10-1999, f. & cert. ef. 2-26-99
DFW 86-1998, f. & cert. ef. 10-28-98 thru 10-30-98
DFW 67-1998, f. & cert. ef. 8-24-98
DFW 45-1998(Temp), f. 6-5-98, cert. ef. 6-6-98 thru 6-10-98
DFW 42-1998(Temp), f. 5-29-98, cert. ef. 5-31-98 thru 6-6-98
DFW 41-1998(Temp), f. 5-28-98, cert. ef. 5-29-98
DFW 15-1998, f. & cert. ef. 3-3-98
FWC 61-1997(Temp), f. 9-23-97, cert. ef. 9-24-97
FWC 48-1997, f. & cert. ef. 8-25-97
FWC 46-1996, f. & cert. ef. 8-23-96

Or. Admin. R. 635-042-0180 Temporary rule language in effect until 12/31/2026. Deep River Select Area Commercial Fishery

(1) Salmon (except Chum) may be taken with gillnets for commercial purposes during open fishing periods in Deep River as described below:

(a) During the winter, spring, and summer seasons, the Deep River Select Area is defined as waters bounded by a line at the mouth of Deep River from USCG marker “16” southwest to a marker on the Washington shore, upstream to the Highway 4 Bridge.

(b) During the fall season, the Deep River Select Area is defined as waters bounded by a line at the mouth of Deep River from USCG marker “16” southwest to a marker on the Washington shore, upstream to the West Deep River Road Bridge at the town of Deep River.

(a) Winter Season:

(A) Open area includes the Deep River Select Area defined in sub-section (1)(a) above.

(B) The minimum mesh size is 7-inches.

(b) Spring Season:

(A) Open area includes the Deep River Select Area defined in sub-section (1)(a) above.

(B) The maximum mesh size is 9.75-inches.

(A) Open area includes the Deep River Select Area defined in sub-section (1)(a) above.

(B) The maximum mesh size is 9.75-inches.

(d) Fall Season:

(A) Open area includes the Deep River Select Area defined in sub-section (1)(b) above.

(B) The maximum mesh size is 6-inches.

(i) 6:00 p.m. August 24 through 9:00 a.m. August 25;

(ii) 6:00 p.m. August 27 through 9:00 a.m. August 28;

(iii) 6:00 p.m. to 9:00 a.m. on Monday, Tuesday, Wednesday, and Thursday nights from August 31 to October 30; and

(iv) 6:00 p.m. to 8:00 a.m. on Monday and Wednesday nights from November 2 to November 12.

(3) Additional gear restrictions include:

(a) The maximum net length is 600 feet (100 fathoms).

(b) There is no lead line weight limit and attachment of additional weight or anchors directly to the lead line is permitted.

(d) Nets may not fully cross the navigation channel.

(e) It is unlawful to operate any gillnet gear longer than three-fourths the width of the river which is defined as bank-to-bank, where the water meets the banks, regardless of the time of tide or the water level.

(f) Nets not specifically authorized for use may be onboard a vessel if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater.

History

Statutory/Other Authority: ORS 183.325, ORS 506.109 & ORS 506.119
Statutes/Other Implemented: ORS 506.129 & ORS 507.030
DFW 74-2026, temporary amend filed 08/01/2026, effective 08/01/2026 through 12/31/2026
DFW 12-2026, temporary amend filed 02/12/2026, effective 02/15/2026 through 07/31/2026
DFW 63-2025, temporary amend filed 07/31/2025, effective 08/01/2025 through 12/31/2025
DFW 13-2025, temporary amend filed 02/11/2025, effective 02/11/2025 through 07/31/2025
DFW 73-2024, temporary amend filed 09/05/2024, effective 09/05/2024 through 12/31/2024
DFW 65-2024, temporary amend filed 08/01/2024, effective 08/01/2024 through 12/31/2024
DFW 33-2024, temporary amend filed 05/16/2024, effective 05/20/2024 through 07/31/2024
DFW 12-2024, temporary amend filed 02/14/2024, effective 02/14/2024 through 07/31/2024
DFW 76-2023, temporary amend filed 08/01/2023, effective 08/01/2023 through 12/31/2023
DFW 29-2023, temporary amend filed 04/05/2023, effective 04/06/2023 through 07/31/2023
DFW 14-2023, temporary amend filed 02/15/2023, effective 02/16/2023 through 07/31/2023
DFW 127-2022, temporary amend filed 09/14/2022, effective 09/18/2022 through 12/31/2022
DFW 99-2022, temporary amend filed 07/28/2022, effective 08/01/2022 through 12/31/2022
DFW 54-2022, temporary amend filed 05/20/2022, effective 05/23/2022 through 07/31/2022
DFW 15-2022, temporary amend filed 02/23/2022, effective 02/24/2022 through 07/31/2022
DFW 12-2022, temporary amend filed 02/16/2022, effective 02/17/2022 through 07/31/2022
DFW 122-2021, temporary amend filed 08/20/2021, effective 08/23/2021 through 11/25/2021
DFW 42-2021, temporary amend filed 04/08/2021, effective 04/08/2021 through 07/02/2021
DFW 37-2021, temporary amend filed 03/31/2021, effective 04/01/2021 through 07/02/2021
DFW 16-2021, temporary amend filed 02/18/2021, effective 02/18/2021 through 07/02/2021
DFW 100-2020, temporary amend filed 08/04/2020, effective 08/04/2020 through 12/31/2020
DFW 110-2019, temporary amend filed 08/06/2019, effective 08/06/2019 through 11/29/2019
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
DFW 146-2018, temporary amend filed 09/20/2018, effective 09/23/2018 through 12/31/2018
DFW 138-2018, temporary amend filed 09/12/2018, effective 09/13/2018 through 12/31/2018
DFW 104-2018, temporary amend filed 08/01/2018, effective 08/27/2018 through 12/31/2018
DFW 127-2017, temporary amend filed 09/28/2017, effective 10/01/2017 through 12/31/2017
DFW 123-2017, temporary amend filed 09/21/2017, effective 09/21/2017 through 12/31/2017
DFW 99-2017(Temp), f. 7-31-17, cert. ef. 8-1-17 thru 12-31-17
DFW 61-2017(Temp), f. 5-18-17, cert. ef. 5-22-17 thru 9-15-17
DFW 32-2017(Temp), f. 3-29-17, cert. ef. 3-30-17 thru 9-15-17
DFW 9-2017(Temp), f. & cert. ef. 2-6-17 thru 3-28-17
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 99-2016(Temp), f. 7-29-16, cert. ef. 8-1-16 thru 10-31-16
DFW 32-2016(Temp), f. 4-20-16, cert. ef. 4-21-16 thru 7-31-16
DFW 23-2016(Temp), f. & cert. ef. 3-28-16 thru 7-31-16
DFW 8-2016(Temp), f. 2-1-16, cert. ef. 2-8-16 thru 7-31-16
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 102-2015(Temp), f. 8-10-15, cert. ef. 8-17-15 thru 10-31-15
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 37-2015(Temp), f. 5-1-15, cert. ef. 5-4-15 thru 7-30-15
DFW 29-2015(Temp), f. & cert. ef. 4-21-15 thru 7-30-15
DFW 10-2015(Temp), f. 2-3-15, cert. ef. 2-9-15 thru 7-30-15
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 135-2014(Temp), f & cert. ef. 9-19-14 thru 10-31-14
DFW 115-2014(Temp), f. 8-5-14, cert. ef. 8-18-14 thru 10-31-14
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 8-2014(Temp), f. & cert. ef. 2-10-14 thru 7-31-14
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 110-2013(Temp), f. 9-27-13, cert. ef. 9-30-13 thru 10-31-13
DFW 91-2013(Temp), f. 8-22-13, cert. ef. 8-26-13 thru 10-31-13
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 24-2013(Temp), f. & cert. ef. 3-21-13 thru 7-31-13
DFW 11-2013(Temp), f. 2-8-13, cert. ef. 2-11-13 thru 7-31-13
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 104-2012(Temp), f. 8-6-12, cert. ef. 8-13-12 thru 10-31-12
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 12-2012(Temp), f. 2-8-12, cert. ef. 2-12-12 thru 7-31-12
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 113-2011(Temp), f. 8-10-11, cert. ef. 8-15-11 thru 10-31-11
Reverted to DFW 23-2011, f. & cert. ef. 3-21-11
DFW 53-2011(Temp), f. & cert. ef. 5-18-11 thru 6-10-11
DFW 32-2011(Temp), f. 4-20-11, cert. ef. 4-21-11 thru 7-29-11
DFW 23-2011, f. & cert. ef. 3-21-11
DFW 12-2011(Temp), f. 2-10-11, cert. ef. 2-13-11 thru 7-29-11
Reverted to DFW 9-2007, f. & cert. ef. 2-14-07
DFW 129-2010(Temp), f. & cert. ef. 9-10-10 thru 10-31-10
DFW 113-2010(Temp), f. 8-2-10, cert. ef. 8-4-10 thru 10-31-10
Reverted to DFW 9-2007, f. & cert. ef. 2-14-07
DFW 69-2010(Temp), f. & cert. ef. 5-18-10 thru 7-31-10
DFW 57-2010(Temp), f. & cert. ef. 5-11-10 thru 7-31-10
DFW 53-2010(Temp), f. & cert. ef. 5-4-10 thru 7-31-10
DFW 46-2010(Temp), f. & cert. ef. 4-21-10 thru 7-31-10
DFW 40-2010(Temp), f. & cert. ef. 4-1-10 thru 7-31-10
DFW 16-2010(Temp), f. 2-19-10, cert. ef. 2-22-10 thru 6-10-10
Reverted to DFW 9-2007, f. & cert. ef. 2-14-07
DFW 121-2009(Temp), f. & cert. ef. 9-30-09 thru 10-31-09
DFW 112-2009(Temp), f. 9-11-09, cert. ef. 9-13-09 thru 10-30-09
DFW 107-2009(Temp), f. 9-2-09, cert. ef. 9-5-09 thru 10-31-09
DFW 89-2009(Temp), f. 8-3-09, cert. ef. 8-4-09 thru 12-31-09
Reverted to DFW 9-2007, f. & cert. ef. 2-14-07
DFW 49-2009(Temp), f. 5-14-09, cert. ef 5-17-09 thru 7-31-09
Reverted to DFW 9-2007, f. & cert. ef. 2-14-07
DFW 35-2009(Temp), f. 4-7-09, cert. ef. 4-8-09 thru 4-30-09
DFW 23-2009(Temp), f. 3-5-09, cert. ef. 3-6-09 thru 4-30-09
DFW 12-2009(Temp), f. 2-13-09, cert. ef. 2-15-09 thru 7-31-09
Reverted to DFW 9-2007, f. & cert. ef. 2-14-07
DFW 108-2008(Temp), f. 9-8-08, cert. ef. 9-9-08 thru 12-31-08
DFW 85-2008(Temp), f. 7-24-08, cert. ef. 8-1-08 thru 12-31-08
DFW 58-2008(Temp), f. & cert. ef. 6-4-08 thru 8-31-08
DFW 48-2008(Temp), f. & cert. ef. 5-12-08 thru 8-28-08
DFW 16-2008(Temp), f. 2-26-08, cert. ef. 3-2-08 thru 8-28-08
DFW 6-2008(Temp), f. 1-29-08, cert. ef. 1-31-08 thru 7-28-08
Reverted to DFW 9-2007, f. & cert. ef. 2-14-07
DFW 108-2007(Temp), f. 10-12-07, cert. ef. 10-14-07 thru 12-31-07
DFW 61-2007(Temp), f. 7-30-07, cert. ef. 8-1-07 thru 10-31-07
Reverted to DFW 9-2007, f. & cert. ef. 2-14-07
DFW 28-2007(Temp), f. & cert. ef. 4-26-07 thru 7-26-07
DFW 25-2007(Temp), f. 4-17-07, cert. ef. 4-18-07 thru 7-26-07
DFW 13-2007(Temp), f. & cert. ef. 3-6-07 thru 9-1-07
DFW 9-2007, f. & cert. ef. 2-14-07
DFW 7-2007(Temp), f. 1-31-07, cert. ef. 2-1-07 thru 7-30-07
DFW 119-2006(Temp), f. & cert. ef. 10-18-06
DFW 103-2006(Temp), f. 9-15-06, cert. ef. 9-18-06 thru 12-31-06
DFW 77-2006(Temp), f. 8-8-06, cert. ef. 9-4-06 thru 12-31-06
Reverted to DFW 5-2006, f. & cert. ef. 2-15-06
DFW 35-2006(Temp), f. & cert. ef. 5-30-06 thru 7-31-06
DFW 32-2006(Temp), f. & cert. ef. 5-23-06 thru 7-31-06
DFW 5-2006, f. & cert. ef. 2-15-06
Reverted to DFW 6-2005, f. & cert. ef. 2-14-05
DFW 124-2005(Temp), f. & cert. ef. 10-18-05 thru 12-31-05
DFW 120-2005(Temp), f. & cert. ef. 10-11-05 thru 12-31-05
DFW 116-2005(Temp), f. 10-4-05, cert. ef. 10-5-05 thru 12-31-05
DFW 110-2005(Temp), f. & cert. ef. 9-26-05 thru 12-31-05
DFW 109-2005(Temp), f. & cert. ef. 9-19-05 thru 12-31-05
DFW 85-2005(Temp), f. 8-1-05, cert. ef. 8-3-05 thru 12-31-05
DFW 40-2005(Temp), f. & cert. ef. 5-10-05 thru 10-16-05
DFW 37-2005(Temp), f. & cert. ef. 5-5-05 thru 10-16-05
DFW 28-2005(Temp), f. & cert. ef. 4-28-05 thru 6-16-05
DFW 27-2005(Temp), f. & cert. ef. 4-20-05 thru 6-15-05
DFW 6-2005, f. & cert. ef. 2-14-05
Reverted to DFW 11-2004, f. & cert. ef. 2-13-04
DFW 109-2004(Temp), f. & cert. ef. 10-19-04 thru 12-31-04
DFW 95-2004(Temp), f. 9-17-04, cert. ef. 9-19-04 thru 12-31-04
DFW 79-2004(Temp), f. 8-2-04, cert. ef. 8-3-04 thru 12-31-04
Reverted to DFW 11-2004, f. & cert. ef. 2-13-04
DFW 44-2004(Temp), f. 5-17-04, cert. ef. 5-20-04 thru 7-31-04
DFW 39-2004(Temp), f. 5-5-04, cert.ef. 5-6-04 thru 7-31-04
DFW 11-2004, f. & cert. ef. 2-13-04
Reverted to DFW 42-2000, f. & cert. ef. 8-3-00
DFW 89-2003(Temp), f. 9-8-03, cert. ef. 9-9-03 thru 12-31-03
DFW 75-2003(Temp), f. & cert. ef. 8-1-03 thru 12-31-03
DFW 36-2003(Temp), f. 4-30-03, cert. ef. 5-1-03 thru 10-1-03
DFW 34-2003(Temp), f. & cert. ef. 4-24-03 thru 10-1-03
DFW 19-2003(Temp), f. 3-12-03, cert. ef. 4-17-03 thru 6-13-03
Reverted to DFW 42-2000, f. & cert. ef. 8-3-00
DFW 96-2002(Temp), f. & cert. ef. 8-26-02 thru 12-31-02
Reverted to DFW 42-2000, f. & cert. ef. 8-3-00
DFW 106-2001(Temp), f. & cert. ef. 10-26-01 thru 12-31-01
DFW 89-2001(Temp), f. & cert. ef. 9-14-01 thru 12-31-01
DFW 84-2001(Temp), f. & cert. ef. 8-29-01 thru 12-31-01
DFW 42-2000, f. & cert. ef. 8-3-00
DFW 55-1999, f. & cert. ef. 8-12-99
FWC 48-1997, f. & cert. ef. 8-25-97
FWC 46-1996, f. & cert. ef. 8-23-96

Or. Admin. R. 635-042-0190 Steamboat Slough

Reserve number

History

Statutory/Other Authority: ORS 183.325, ORS 506.109 & ORS 506.119
Statutes/Other Implemented: ORS 506.129 & ORS 507.030
DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019
Reverted to DFW 6-2005, f. & cert. ef. 2-14-05
DFW 124-2005(Temp), f. & cert. ef. 10-18-05 thru 12-31-05
DFW 120-2005(Temp), f. & cert. ef. 10-11-05 thru 12-31-05
DFW 116-2005(Temp), f. 10-4-05, cert. ef. 10-5-05 thru 12-31-05
DFW 110-2005(Temp), f. & cert. ef. 9-26-05 thru 12-31-05
DFW 109-2005(Temp), f. & cert. ef. 9-19-05 thru 12-31-05
DFW 85-2005(Temp), f. 8-1-05, cert. ef. 8-3-05 thru 12-31-05
DFW 6-2005, f. & cert. ef. 2-14-05
Reverted to DFW 42-2000, f. & cert. ef. 8-3-00
DFW 109-2004(Temp), f. & cert. ef. 10-19-04 thru 12-31-04
DFW 95-2004(Temp), f. 9-17-04, cert. ef. 9-19-04 thru 12-31-04
DFW 79-2004(Temp), f. 8-2-04, cert. ef. 8-3-04 thru 12-31-04
Reverted to DFW 42-2000, f. & cert. ef. 8-3-00
DFW 89-2003(Temp), f. 9-8-03, cert. ef. 9-9-03 thru 12-31-03
DFW 75-2003(Temp), f. & cert. ef. 8-1-03 thru 12-31-03
Reverted to DFW 42-2000, f. & cert. ef. 8-3-00
DFW 96-2002(Temp), f. & cert. ef. 8-26-02 thru 12-31-02
Reverted to DFW 42-2000, f. & cert. ef. 8-3-00
DFW 106-2001(Temp), f. & cert. ef. 10-26-01 thru 12-31-01
DFW 89-2001(Temp), f. & cert. ef. 9-14-01 thru 12-31-01
DFW 84-2001(Temp), f. & cert. ef 8-29-01 thru 12-31-01
DFW 42-2000, f. & cert. ef. 8-3-00

Division 43 OTHER REGULATIONS: MISCELLANEOUS PERMITS AND RECORDS

Or. Admin. R. 635-043-0000 Purpose

The purpose of these rules is to describe the regulations governing fur dealers, taxidermists, hide and antler dealers, scientific collectors, and other miscellaneous permits.

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
FWC 49-1991, f. & cert. ef. 5-13-91

Or. Admin. R. 635-043-0003 Fur Dealer and Taxidermy

(1) Fur Dealer License shall cost $109.00(plus a $2.00 license agent fee) and shall expire on December 31 of the year issued.

(2) Whenever a fur dealer purchases, possesses, sells, or disposes of the pelt of any furbearing mammal, the dealer must record:

(a) The date, numbers and types of pelts;

(b) For furbearing mammals requiring tags, the tag number, the state issuing the tag, the species, and the year the tag was issued; and

(c) The name and address of those from whom the pelts were obtained, and to whom they were sold or otherwise transferred;

(d) This record must be maintained at the business address of the fur dealer for a period of three years.

(3) No fur dealer may purchase, sell, or possess any raw pelt requiring a tag or seal without having a proper tag or seal affixed to the pelt.

(4) Fur buyers who are agents for companies shall have a fur dealer's license and record the company whom they represent on the fur dealer's license application.

(5) Fur dealer records and pelts are subject to inspection at any time by any Oregon State Police officer or Department representative.

(6) Failure to comply with the record keeping criteria in OAR 635-043-0003(1) or to permit inspection of such records may result in a two year license suspension.

(7) Taxidermy License shall cost $109.00(plus a $2.00 license agent fee) and shall expire on December 31 of the year issued.

(8) Licensed taxidermists may sell a client's unclaimed, legally taken, mounted wildlife, except migratory birds protected by Federal Law 16 USC 703, provided that:

(a) Upon completion, at least two written notices of intent to sell are sent to the client;

(b) Two months have passed since completion of mount;

(c) The amount realized by the sale of a mount is not to exceed the original quoted price stated contemporaneously in writing, less any deposit received;

(d) Taxidermists may mount and sell legally taken furbearing animals with a fur dealer's license.

(9) At the time of receiving wildlife for mounting, every licensed taxidermist shall:

(a) Record the date, number and kinds of wildlife received;

(b) Record the tag number and year of issuance of those furbearing mammals requiring tags;

(c) For game mammals and game birds requiring tags, record the confirmation number of electronic tags, record the date (month/day/year) and time (hour:minute) of issuance of paper tags.

(d) Record the date taken, the county or hunting unit and state where taken, and the name and address of the person who killed the wildlife;

(e) Record the name and address of the person from whom the wildlife is received and the quoted price for the taxidermy work;

(f) Maintain this record at the business address of the taxidermist for a three-year period;

(g) Maintain copies of the written notices, as described in 635-043-0003(6), date of sale, amount of sale and name and address of the person purchasing the mount at the business address of the taxidermist for a three-year period.

(10) Taxidermy records and all wildlife possessed by licensed taxidermists for the purpose of taxidermy are subject to inspection at any time by any Oregon State Police officer or Department representative.

History

Statutory/Other Authority: SB 247 (2015), ORS 496.012, ORS 496.138, ORS 496.146, ORS 498.019, ORS 498.022 & ORS 498.042
Statutes/Other Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 498.019, ORS 498.022 & ORS 498.042
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
Renumbered from 635-200-0030, DFW 18-2011, f. & cert. ef. 3-2-11
DFW 82-2010, f. & cert. ef. 6-15-10
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 96-1998, f. & cert. ef. 11-25-98

Or. Admin. R. 635-043-0023 Purpose of Scientific Taking Permits

Rules to take wildlife for scientific study allow educational institutions and private and public scientists a means to study or gain knowledge of wildlife. The Department acts as coordinator and contact for wildlife research projects conducted in Oregon. Refer to division 7 for taking fish on a Scientific Taking Permits.

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
FWC 49-1991, f. & cert. ef. 5-13-91

Or. Admin. R. 635-043-0030 Scientific Taking Permit Requirements

Any person desiring to take wildlife for scientific purposes must first secure a Scientific Taking Permit by applying to the Oregon Department of Fish and Wildlife. The application shall list the wildlife species and numbers to be collected, the areas and methods of collecting, purpose for collecting, the date of application, the name, address, occupation, and signature of the applicant, and the signature and affiliation of the sponsor if the applicant is a student. This permit may not be used in lieu of a hunting license.

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
FWC 49-1991, f. & cert. ef. 5-13-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0104, 635-007-0240

Or. Admin. R. 635-043-0033 Cost of Permit

(1) Wildlife Scientific/Educational Taking Permits (K-12 grades) shall be issued at no cost and shall expire on December 31 of the year issued.

(2) Wildlife Scientific/Educational Taking Permits (other) shall cost $119.50 (plus a $2.00 license agent fee) and shall expire on December 31 of the year issued.

History

Statutory/Other Authority: SB 247 (2015), ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
FWC 49-1991, f. & cert. ef. 5-13-91

Or. Admin. R. 635-043-0035 Conditions of Scientific Taking Permit

Scientific taking permittees shall adhere to all requirements, terms, and conditions included on the Scientific Taking Permit and the record keeping requirements below:

(1) Every scientific taking permittee shall at the time of taking wildlife, record the species, numbers, area and date wildlife were taken.

(2) Records shall be maintained at the business address of the scientific taking permittee for a period of three years.

(3) Records shall be sent to the Department at 4034 Fairview Industrial Drive SE, Salem, OR 97302 within 30 days of the expiration of the permit.

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
FWC 49-1991, f. & cert. ef. 5-13-91
3WC 2, f. 12-19-73, cert. ef. 1-11-74, Renumbered from 630-025-0105, 635-007-0245

Or. Admin. R. 635-043-0040 Persons Eligible for Scientific Taking Permit

Any person who has need to collect wildlife for the purpose of acquiring knowledge thereof may apply for a Scientific Taking Permit. Eligible persons include members of public or private scientific organizations, professional educators, college or university students working under the sponsorship of accredited professors, and scientists employed by private corporations and public natural resource agencies. An application will be evaluated for approval and may be denied if it lacks merit.

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
FWC 49-1991, f. & cert. ef. 5-13-91, Renumbered from 635-007-0250
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0106

Or. Admin. R. 635-043-0045 Cancellation of Scientific Taking Permit

Failure to comply with the conditions stipulated in OAR 635-043-0030 through 635-043-0040 is cause to cancel the permit and confiscate the wildlife taken.

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
FWC 49-1991, f. & cert. ef. 5-13-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0108, Renumbered from 635-007-0255

Or. Admin. R. 635-043-0051 Authority to Take or Harass Wildlife

(1) In accordance with ORS 496.012, 496.162, 497.298, 498.002, and 498.006, Department staff or their agents, and sworn law enforcement officers, may take or harass wildlife in the times, places and manners necessary for:

(a) Scientific purposes pursuant to Department programs;

(b) Protection against a threat to human safety;

(d) Wildlife management purposes pursuant to Department programs;

(e) Education and display purposes;

(f) Rehabilitation of sick, injured or orphaned wildlife; and

(g) Law enforcement activities.

(2) Harassment means acts that frighten or chase but do not kill wildlife.

(3) ORS 498.126(1) provides that a person may not hunt game mammals or game birds from or with the aid of an aircraft, nor transmit from an aircraft to a person not in the aircraft information regarding the location of any game mammals or game birds. ORS 498.126(4) provides an exception for the Department of Fish and Wildlife, and its agents, when conducting wildlife management activities necessary for scientific research or, in emergency situations, protecting human safety, wildlife species or property. ORS 498.126(4)(b) requires definition of “emergency situation” and “necessary” by rule.

(a) “Emergency situation” means that the Department has determined that prompt action is required to implement a provision of a species management plan or administrative rule adopted by the Fish and Wildlife Commission.

(b) “Necessary” means that the Department has determined that the use of aircraft in a particular instance is the most efficient method of implementing a provision of a species management plan or administrative rule adopted by the Fish and Wildlife Commission.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
DFW 53-2013, f. & cert. ef. 6-10-13
Reverted to DFW 61-2011, f. & cert. ef. 6-3-11
DFW 165-2011(Temp), f. & cert. ef. 12-30-11 thru 6-26-12
DFW 61-2011, f. & cert. ef. 6-3-11
DFW 36-2011, f. & cert. ef. 5-4-11
Reverted to DFW 12-2002, f. & cert. ef. 2-12-02
DFW 98-2010(Temp), f. & cert. ef. 7-9-10 thru 1-3-11
DFW 75-2010(Temp), f. & cert. ef. 6-2-10 thru 11-28-10
DFW 12-2002, f. & cert. ef. 2-12-02
DFW 47-2001, f. & cert. ef. 6-13-01

Or. Admin. R. 635-043-0056 Trapping of Wildlife

For the purpose of alleviating a public nuisance or preventing property damage, the Department may trap and relocate wild turkeys found within the Roseburg city limits.

History

Statutory/Other Authority: ORS 498.158
Statutes/Other Implemented: ORS 498.158
Reverted to DFW 31-2003, f. & cert. ef. 4-17-03
DFW 39-2003(Temp), f. & cert. ef. 5-12-03 thru 10-6-03
DFW 31-2003, f. & cert. ef. 4-17-03
DFW 30-2003(Temp), f. & cert. ef. 4-15-03 thru 10-6-03
DFW 1-2003(Temp), f. & cert. ef. 1-14-03 thru 7-9-03

Or. Admin. R. 635-043-0058 Trap Check Times for Bear and Cougar

A person that sets a trap or snare pursuant to ORS 498.012 for the purpose of taking bear or cougar that has caused damage, is a public nuisance, or poses a public health risk, or pursuant to ORS 498.166 for the purpose of taking a bear or cougar posing a threat to human safety, shall be responsible for ensuring the trap or snare is inspected and all trapped animals removed:

(1) At least once every other calendar day, and

(2) Within a period that does not exceed 56 hours.

History

Statutory/Other Authority: ORS 498.012 & 496.138
Statutes/Other Implemented: ORS 498.012, 496.138, 498.043, 498.158, 498.166 & 610.060
DFW 86-2026, adopt filed 08/18/2026, effective 09/01/2026

Or. Admin. R. 635-043-0061 Taking Beaver Causing Damage

Administrative Rules 635-043-0061 through 635-046-0076 govern take of beaver to control damage, public nuisance, and public health risks.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022, 498.032, 498.061, 498.062, 498.063 & 610.002
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022, 498.032, 498.061, 498.062, 498.063 & 610.002
DFW 55-2024, adopt filed 06/28/2024, effective 07/01/2024

Or. Admin. R. 635-043-0066 Definitions

(1) “Damage” means loss of or harm inflicted on land, livestock or agricultural or forest crops.

(2) “Forestland” means land that is used for the growing and harvesting of forest tree species, regardless of how the land is zoned or taxed or how any state or local statutes, ordinances, rules or regulations are applied.

(3) “Imminently threatens” means the occurrence of recent beaver activity, including but not limited to gnawing, digging or dam building, that could result in loss or harm to infrastructure or to agricultural or forest crops if the activity were to continue. “Imminently threatens” does not mean the mere presence of a beaver without evidence of activity that could result in loss or harm.

(4) “Public nuisance” means loss of or harm inflicted on gardens, ornamental plants, ornamental trees, pets, vehicles, boats, structures, or other personal property.

(5) “Small forestland” means forestland whose owner owns or holds common ownership interest in less than 5,000 acres of forestland in this state.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022, 498.032, 498.061, 498.062, 498.063 & 610.002
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022, 498.032, 498.061, 498.062, 498.063 & 610.002
DFW 55-2024, adopt filed 06/28/2024, effective 07/01/2024

Or. Admin. R. 635-043-0071 Permit Required to Take Beaver

(1) Season dates, bag limits, manner of harvest, and license requirements for take of beaver are found in OAR Chapter 635, Division 50, the furbearing and unprotected mammal regulations.

(2) Any person desiring to take beaver at a time or under circumstances not authorized by beaver harvest provisions found in OAR Chapter 635 Division 50 or not authorized by wildlife control operator rules found in OAR Chapter 635 Division 435 must first secure a permit from the Department.

(3) The Department may issue a permit allowing a person to take beaver that is causing damage, is a public nuisance, or poses a public health risk on land that person owns or lawfully occupies.

(4) Any person attempting to take a beaver pursuant to a permit issued by the Department must be in compliance with any condition of the permit including, but limited to:

(a) Take is only allowed by the person or persons specified on the permit.

(b) Live beaver may not be held, transported or released at a location other than the location of capture except as specified on the permit.

(5) Nothing in subsection (2) of this rule requires a permit to lethally take a beaver:

(a) If the beaver on privately owned forestland damages or imminently threatens infrastructure or agricultural crops.

(b) By an owner of small forestland, or a designee of the owner, if the beaver is causing damage or has the potential to cause damage.

(A) The beaver apparently poses a threat to infrastructure;

(B) The owner or a designee of the owner first requests the Department address the threat to infrastructure apparently posed by the beaver; and

(6) Beaver taken pursuant to this rule shall be disposed of as directed by the Department.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022, 498.032, 498.061, 498.062, 498.063 & 610.002
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022, 498.032, 498.061, 498.062, 498.063 & 610.002
DFW 55-2024, adopt filed 06/28/2024, effective 07/01/2024

Or. Admin. R. 635-043-0076 Reporting Requirements

(1) Any person who takes a beaver pursuant to OAR 635-043-0070, even if the take was allowed without the requirement of permit, must report the take to the Department.

(2) A report of take pursuant to this rule must include:

(a) Contact information, including name and address, of the landowner and the person who took the beaver if different than the landowner;

(b) The reason for take including the damage, public nuisance, or public health risk posed by the beaver;

(d) The location, including the subwatershed, where the beaver was taken.

(3) The Department will record complaints of damage and public nuisance caused by beaver including the primary cause for the complaint, location the complaint occurred, primary action taken by the Department, number and disposition of any beaver taken, and whether or not advice for nonlethal deterrents was provided to the complainant.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022, 498.032, 498.061, 498.062, 498.063 & 610.002
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022, 498.032, 498.061, 498.062, 498.063 & 610.002
DFW 55-2024, adopt filed 06/28/2024, effective 07/01/2024

Or. Admin. R. 635-043-0085 Hunting from a Motor-Propelled Vehicle

(1) Any person who carries on his or her person an Oregon Disabilities Hunting and Fishing Permit and any required license and tag issued by the Commission may hunt wildlife from a motor-propelled vehicle except while the vehicle is in motion or on any public road or highway.

(2) Any person authorized to alleviate wildlife damage pursuant to ORS 498.136 may hunt designated wildlife from a motor propelled vehicle in the manner prescribed by permit.

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
DFW 142-2005, f. & cert. ef. 12-16-05
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0183, Renumbered from 635-010-0160, Renumbered from 635-07-327; FWC 27-1987, f. & ef. 6-19-87; FWC 49-1991, f. & cert. ef. 5-13-91; DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05

Or. Admin. R. 635-043-0090 Who May Hunt with the Aid of an Artificial Light

Any person hunting bobcat, raccoon or opossum may hunt with an artificial light not attached to or operated from a motor-propelled vehicle. Any person authorized to alleviate wildlife damage pursuant to ORS 498.142 may hunt with the aid of an artificial light in the manner prescribed by permit.

History

Statutory/Other Authority: ORS 183 & ORS 496
Statutes/Other Implemented: ORS 183 & ORS 496
DFW 60-2006, f. & cert. ef. 7-12-06
FWC 49-1991, f. & cert. ef. 5-13-91
3WC 2, f. 12-19-73, cert. ef. 1-11-74, Renumbered from 630-025-0203, 635-007-0330

Or. Admin. R. 635-043-0096 Harassing Wildlife Causing Damage

Administrative Rules 635-043-0100 through 635-043-0115 govern harassment of wildlife to control damage, except for wolves, which are addressed in 635-110-0010 through 635-110-0030.

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
DFW 12-2005, f. & cert. ef. 3-9-05
FWC 49-1991, f. & cert. ef. 5-13-91

Or. Admin. R. 635-043-0105 Permit Required to Harass Wildlife

Any landowner suffering damage from wildlife (except for bobcat, red fox, cougar, bear, and non-threatened or non-endangered migratory birds) to property that they own or lawfully occupy, and desiring to control the damage by means of harassment shall first secure a Wildlife Harassing Permit by applying to the Department. Any harassment of non-threatened or non-endangered migratory birds must not result in the take of migratory birds, their eggs or their nests.

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
DFW 108-2011, f. & cert. ef. 8-5-11
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0225, Renumbered from 635-007-0345; FWC 52-1987, f. & ef. 7-23-87; FWC 49-1991, f. & cert. ef. 5-13-91; FWC 58-1994, f. & cert. ef. 9-1-94; DFW 12-2002, f. & cert. ef. 2-12-02; DFW 37-2009(Temp), f. & cert. ef. 4-13-09 thru 8-31-09; DFW 92-2009(Temp), f. & cert. ef. 8-11-09 thru 2-5-10; DFW 1-2010, f. & cert. ef. 1-12-10

Or. Admin. R. 635-043-0110 Form of Harassment Permit

The Wildlife Harassing Permit shall include the name and address of the complainant suffering wildlife damage, the name and address of the person or persons designated by the landowner to act as his agent, the description of the property on which harassment will be permitted, the wildlife species to be harassed, the date of issue and date of expiration of the permit, and the signature of the Department representative issuing the permit.

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
FWC 49-1991, f. & cert. ef. 5-13-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0226, Renumbered from 635-007-0350

Or. Admin. R. 635-043-0115 Cancellation of Harassment Permit

The harassment permit may be cancelled if the wildlife damage ceases before the termination date or if permittee fails to comply with provisions on the permit.

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
FWC 49-1991, f. & cert. ef. 5-13-91
3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0227, Renumbered from 635-007-0355

Or. Admin. R. 635-043-0120 Ceremonial Harvest Permits

Ceremonial harvest permits for use by the Confederated Tribes of the Grand Ronde Community of Oregon (for the purpose of this rule here in referred to as the Tribe).

(1) The Commission authorizes the harvest of deer, elk, and black bear by members of the Confederated Tribes of the Grand Ronde Community of Oregon for ceremonial purposes in accordance with these rules.

(2) Authorization for ceremonial harvest permits will be considered only upon written request from the Tribe.

(3) Authorization for harvest shall specify the season dates, times, locations, and numbers of permits authorized for each species.

(a) Permits authorized shall be provided to the Tribe and may be used only by authorized members of the Tribe. Each permit shall specify the season dates, times, and location where the permit is valid.

(b) Tribal hunters using authorized ceremonial harvest permits must carry on their person a valid ceremonial harvest permit, and shall present this document, as well as documents identifying said hunter as a member of the Confederated Tribes of the Grand Ronde Community of Oregon, to Department employees or law enforcement personnel upon request.

(c) Tribal members designated to harvest animals using ceremonial harvest permits shall not be required to possess big game tags in addition to the ceremonial harvest permits authorizing harvest.

(d) In recognition of accepted Tribal custom, the Commission acknowledges that Tribal authorities may designate individuals to harvest animals using these ceremonial harvest permits. The Tribe may designate the number of permits used by a Tribal member, so long as the total harvest does not exceed the number of ceremonial tags authorized under subsection (e) of these rules.

(e) Pursuant to a request received under subsection (2), the Department shall issue up to 15 deer permits with a bag limit of “one deer”, 9 elk permits with a bag limit of “one elk”, and 3 bear permits with a bag limit of “one bear” for ceremonial purposes annually. Season dates are: for elk, April 1 through 3 days before the 1st day of general archery season (inclusive); for deer, January 1 through 3 days before the 1st day of general archery season (inclusive); for bear, January 1 through March 31 and June 1 through July 31 (inclusive) each year.

(f) Each permit shall be validated immediately upon successful harvest of a designated animal by entry on the permit, in ink, the date of the kill. The permit shall be attached securely to the game mammal in plain sight. The permit shall be kept attached to the carcass or remain with any parts thereof so long as the same are preserved.

(g) Ceremonial harvest permits are valid only in the area as described in section 4 (a) 1 of the 1986 Agreement between the State of Oregon and the Tribes (See OAR 635-041-0600(4)(a)(1)). Ceremonial harvest permits do not authorize trespass upon private lands or entry or use on private or public lands where landowner permission has not been obtained or where hunting, access, or discharge of firearms is precluded by any other statute or rule.

(4) All harvest of deer, elk, or bear conducted under ceremonial harvest permit by a tribe shall be reported to the Department on an annual basis.

(5) Animals harvested under an authorized ceremonial harvest permit may only be used by Tribal members for ceremonial and cultural purposes. Animals and parts thereof may not be bartered or sold.

(6) Authorization of these ceremonial-hunting permits does not create, convey or imply any additional tribal legal or treaty entitlement, nor does it modify any existing agreement, treaty, or court decree.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 42-2008, f. & cert. ef. 4-24-08

Or. Admin. R. 635-043-0130 Grand Ronde Reservation and Trust Lands Wildlife Management

(1) The Commission authorizes the take of the following wildlife, to be allocated by the Confederated Tribes of the Grand Ronde Community of Oregon (Tribe, for purposes of this rule) for the purposes of accomplishing the goals of the “Confederated Tribes of the Grand Ronde Fish and Wildlife Management Plan,” (Management Plan) dated September 5, 2014, and delegates to the Tribe the management of fish and wildlife resources on the Tribe’s reservation and trust lands, in accordance with the Management Plan.

(2) The Department authorizes the Tribe to annually take the following number of animals and shall provide tags annually, where applicable:

(a) Columbia Black-tailed Deer: 200 animals

(b) Roosevelt Elk: 200 animals

(d) Bear: 50 animals.

(e) Crayfish: no annual limit.

(f) Pacific Lamprey: 100 animals.

(g) Cutthroat trout: no annual limit.

(h) Spring Chinook: 100 animals.

(i) Coho: 100 animals.

(j) Upland Game Birds (Blue (Sooty) Grouse, Ruffed Grouse, Mountain Quail, California Quail and wild Turkey): no annual limit.

(k) Bobcat: 100 animals.

(3) Harvesters exercising take authorized by subsection (2) must possess the applicable state-issued permits, licenses and tags and a tribally issued hunting tag, however a valid tribal license issued pursuant to the Consent Decree (OAR 635-041-0600) along with a tag issued under subsection (2) of this rule may be used in lieu of any otherwise required state license, tag or permit. The Tribe may impose such conditions upon the take of this wildlife, which must occur on reservation or trust lands, as the Tribes determine will effect the purposes of the Management Plan.

(4) The Tribe shall report actual take to the Department under this authority by January 30 of the year following the take.

(5) This rule does not delegate any authority with respect to fish hatcheries or fish supplementation programs. Any proposal to build a fish hatchery or implement a hatchery supplementation program would require additional agreement between the Tribe and the Commission.

(6) Nothing in this rule authorizes or alters any legal restriction on the sale, barter, trade or exchange of wildlife or wildlife parts.

(7) No additional tribal legal or treaty entitlement is created, conveyed or implied, nor is any existing agreement, treaty or court decree modified by the adoption of these rules or the Management Plan.

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
DFW 132-2014, f. & cert. ef. 9-11-14

Or. Admin. R. 635-043-0175 Roadkill Salvage Permit

A Roadkill Salvage Permit allows a person to recover, possess, transport, and use the carcass of a deer or elk killed as a result of an accidental collision with a vehicle for the purpose of salvaging the meat for human consumption.

(1) The person taking possession of the carcass at the site of the collision must acquire a Roadkill Salvage Permit within 24 hours of taking the carcass into possession.

(2) A Roadkill Salvage Permit requires the person taking possession of a carcass to complete an on-line application that provides the Department with:

(a) Name, address of physical residence, and phone number;

(b) Date and time the carcass was removed from the site of the collision;

(d) A statement identifying the driver of the vehicle that collided with the deer or elk, if known;

(e) Species and sex of the carcass being salvaged; and

(f) An acknowledgement that the carcass is being salvaged at the permit holder’s own risk and the State of Oregon is not liable for any loss or damage arising out of the recovery, possession, use, transport or consumption of the deer or elk salvaged pursuant to the Roadkill Salvage Permit.

(3) Within five (5) business days of taking possession of the carcass, the entire head of the deer or elk, including the antlers of antlered animals, must be delivered and surrendered to the Department at a District Office or alternative location determined by the Department.

(4) A Roadkill Salvage Permit may not be issued for the recovery, possession, transport or use of any deer or elk that was rendered crippled or helpless as a result of a vehicle collision and then killed pursuant to ORS 498.016, unless the person seeking the Roadkill Salvage Permit accidentally rendered the deer or elk crippled or helpless is the driver of the motor vehicle involved in the collision. Any person that kills a crippled or helpless deer or elk pursuant to ORS 498.016 must immediately report the killing to a person authorized to enforce the wildlife laws.

(5) Any person with authority to enforce the wildlife laws pursuant to ORS 496.605 may kill any deer or elk rendered crippled or helpless by accidental vehicle collision, and the Department may thereafter issue a Roadkill Salvage Permit for the carcass.

(6) Salvage of white-tailed deer is prohibited west of the crest of the Cascade Mountains except within Douglas County.

(7) The entire carcass, including entrails, of any salvaged deer or elk must be completely removed from the road and road right of way.

(8) No portion of any deer or elk salvaged pursuant to this rule may be sold, bartered, or exchanged.

(9) Pursuant to this rule, when any part of a deer or elk salvaged is transferred to the possession of another person, a written record describing the animal or part being transferred indicating the name and address of the person who obtained the Roadkill Salvage Permit for the animal and the number or confirmation number of the Roadkill Salvage Permit shall accompany such transfer and shall remain with such animal or part so long as the same is preserved.

(10) This rule does not authorize the salvage of deer and elk from the reservation lands of any sovereign tribe.

History

Statutory/Other Authority: Oregon Laws 2017, ch 330, § 1-4, ORS 496.012, 496.138, 496.146, 498.019, 498.022, 498.042 & 496.605
Statutes/Other Implemented: Oregon Laws 2017, ch 330, § 1-4, ORS 496.012, 496.138, 496.146, 498.019, 498.022, 498.042 & 496.605
DFW 148-2021, temporary amend filed 09/20/2021, effective 09/20/2021 through 03/18/2022
DFW 29-2021, temporary amend filed 03/22/2021, effective 03/22/2021 through 09/17/2021
DFW 126-2020, temporary amend filed 09/21/2020, effective 09/21/2020 through 03/19/2021
DFW 30-2020, temporary amend filed 03/20/2020, effective 03/23/2020 through 09/18/2020
DFW 177-2019, amend filed 12/12/2019, effective 12/12/2019
DFW 80-2019, temporary amend filed 06/21/2019, effective 06/21/2019 through 12/17/2019
DFW 72-2019, adopt filed 06/12/2019, effective 06/12/2019
DFW 192-2018, temporary adopt filed 12/31/2018, effective 01/01/2019 through 06/29/2019

Or. Admin. R. 635-043-0250 Purpose of the Urban Deer and Elk Population Control Pilot Program

The purpose of these rules is to describe the procedures and requirements for issuing kill permits to take deer and elk within urban boundaries, thereby allowing cities the ability to reduce deer or elk populations in response to public nuisance as defined in OAR 498.012, health or safety concerns, and/or property damage.

History

Statutory/Other Authority: ORS 496.012, 496.162, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021)
Statutes/Other Implemented: ORS 496.012, 496.162, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021)
DFW 185-2021, amend filed 12/30/2021, effective 01/01/2022
DFW 188-2018, adopt filed 12/28/2018, effective 01/01/2019

Or. Admin. R. 635-043-0260 Permit to Control Urban Deer and Elk Application Requirements

Before requesting a kill permit to conduct urban deer or elk population control, the city must:

(1) Adopt and enforce an ordinance restricting placing, depositing, distributing, storing or scattering food, garbage or any other attractant so as to knowingly constitute a lure, attractant or enticement for deer or elk.

(2) Adopt an ordinance, resolution or order declaring that deer or elk populations have risen to levels that constitute a public nuisance.

(3) Following the passage by a city of subsections (1) and (2) of this section, the city can petition the Department for kill permits necessary to reduce deer or elk population levels within city limits.

History

Statutory/Other Authority: ORS 496.012, 496.162, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021)
Statutes/Other Implemented: ORS 496.012, 496.162, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021)
DFW 185-2021, amend filed 12/30/2021, effective 01/01/2022
DFW 188-2018, adopt filed 12/28/2018, effective 01/01/2019

Or. Admin. R. 635-043-0270 Department and City Responsibilities

(1) In cities where the Department determines the deer or elk population does constitute a public nuisance as defined in ORS 498.012, or it presents health, safety or property damage concerns, the Department will:

(a) Designate dates when take is allowed.

(b) Determine the number and sex of deer or elk to be taken. The number of deer or elk taken should not exceed the number necessary to reduce the population to a level that no longer constitutes a public nuisance.

(2) The city is responsible to:

(a) Designate areas within city limits where deer or elk are to be taken.

(b) Designate the manner of taking deer or elk, which may be by use of firearms or by live capture;

(A) It is unlawful to use any poisoning, immobilizing, or tranquilizing drug or chemical to take or euthanize deer or elk for purposes of population control.

(B) If live capture methods are used, traps must be checked at least once per day, animals must be immediately euthanized and not relocated or released.

(D) Methods for humane euthanasia must comply with most recent version of American Veterinary Medical Association standards;

(E) Non-lead ammunition must be used if animals are euthanized with a firearm.

History

Statutory/Other Authority: ORS 496.012, 496.012, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021)
Statutes/Other Implemented: ORS 496.012, 496.012, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021)
DFW 185-2021, amend filed 12/30/2021, effective 01/01/2022
DFW 188-2018, adopt filed 12/28/2018, effective 01/01/2019

Or. Admin. R. 635-043-0280 Agent Authorization to Take Deer and Elk on Other than City Owned Property

(1) Any agent of the city who takes a deer or elk on property other than city owned property must have in possession written authority to act as the agent of the landowner or lawful occupant of the land which includes:

(a) The date of issuance of the authorization;

(b) The name, address, telephone number and signature of the person granting the authorization;

(d) The expiration date of the authorization, which shall be no later than one year from the date of issuance of the authorization.

(2) Any agent who takes deer or elk under this program must immediately report the taking to the Department or a person authorized to enforce the wildlife laws. At a minimum, the reported information must include:

(a) Name and phone number of the person reporting the take;

(b) The kill permit number(s);

(d) Location/address where take occurred;

(e) Time of take;

(f) Destination of carcasses.

(g) Status of biological samples (if requested by the Department to take samples).

History

Statutory/Other Authority: ORS 496.012, 496.162, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021)
Statutes/Other Implemented: ORS 496.012, 496.162, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021)
DFW 185-2021, amend filed 12/30/2021, effective 01/01/2022
DFW 188-2018, adopt filed 12/28/2018, effective 01/01/2019

Or. Admin. R. 635-043-0290 Salvage of Deer and Elk

(1) As defined in ORS 315.154, and used in this section “food bank or other charitable organization” means any organization located in the state, including but not limited to a gleaning cooperative, that is exempt from federal income taxes under section 501(c)(3) of the Internal Revenue Code, and has as a principal or ongoing purpose the distribution of food to children or homeless, unemployed, elderly or low-income individuals.

(2) Any deer or elk taken, to the extent feasible, shall be salvaged and delivered to a “food bank or other charitable organization” for distribution. Any processing and distribution fees shall be at the expense of the city.

(3) The Commission is not liable for any loss or damages arising out of the recovery, possession, transportation or consumption of deer or elk pursuant to a kill permit.

(4) The city may sell hides and antlers from deer and elk taken under this program within thirty days of take to persons licensed under ORS 498.019 to offset the cost of the program. Antlers not sold must be surrendered to the Department within forty-five days of take. Antler sales must comply with 635-200-0050(4).

History

Statutory/Other Authority: ORS 496.012, 496.162, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021)
Statutes/Other Implemented: ORS 496.012, 496.162, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021)
DFW 185-2021, amend filed 12/30/2021, effective 01/01/2022
DFW 188-2018, adopt filed 12/28/2018, effective 01/01/2019

Division 44 PROTECTED WILDLIFE, HOLDING, AND GAME BIRD PROPAGATING RULES

Or. Admin. R. 635-044-0400 Purpose

The purpose of these rules is to identify the species of wildlife that are protected; the species of wildlife that may be held and conditions for holding; and to regulate the propagation of game birds.

History

Statutory/Other Authority: ORS 496.004, 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0410 Taxonomy

(1) Scientific taxonomic nomenclature reflects the following:

(a) Fish:

(A) Nelson, J. S., E. J. Crossman, H. Espinosa-Perez, L. T. Findley, C. R. Gilbert, R. N. Lea, and J. D. Williams. 2004. Common and scientific names of fishes from the United States, Canada, and Mexico. American Fisheries Society, Special Publication 29, Bethesda, Maryland.

(B) Moyle, P. B. 2002. Inland fishes of California. Revised and expanded. University of California Press. Berkeley, California.

(C) Jelks, H.L., S.J. Walsh, N.M. Burkhead, S. Contreras-Balders, E. Diaz-Pardo, D.A. Hendrickson, J. Lyons, N.E. Mandrak, F. McCormick J. S. Nelson, S. P. Platania, B. A. Porter, C.B. Renaud, J.J. Schmitter-Soto, E. B. Taylor, and M. L. Warren, Jr. 2008. Conservation status of imperiled North American freshwater and diadromous fishes. Fisheries. 33(8): 372-407.

(b) Amphibians and reptiles -- Crother, B. I., editor. 2012. Scientific and standard English names of amphibians and reptiles of North America north of Mexico, with comments regarding confidence in our understanding. 7th Edition. Society for the Study of Amphibians and Reptiles, Herpetological Circular No. 37.

(c) Birds-Marshall, D.B., M.G. Hunter, A.L. Contreras, editors. 2003. Birds of Oregon: A General Reference. Oregon State University Press. Corvallis, Oregon.

(d) Mammals-Wilson, D. E. and D. M. Reeder, editors. 2005. Mammal species of the world; a taxonomic and geographic reference. 3rd Edition. Johns Hopkins University Press.

(2) If the taxonomic status of individual species is changed through subsequent publications, scientific taxonomy shall remain as cited in 635-044-0410(1) and 635-044-0430.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0420 Definition of Terms

(1) “Animal Entertainment Industry” means for-profit or nonprofit businesses or organizations that hold wildlife for the purpose of providing wild animals on a movie set, film set, television set, still photography set, or any other professional entertainment activity utilizing captive wildlife allowable under the rules and requirements in chapter 635 division 44.

(2) "AZA" means the Association of Zoos and Aquariums. AZA-accredited facilities must incorporate education, conservation and wildlife research as part of their mission and business model.

(3) “AVMA” means the American Veterinary Medical Association.

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

(5) “Education animal” means wildlife acquired and legally held by a licensed Oregon Exhibitor or Wildlife Rehabilitator as defined in 635-062-0040 and in an approved facility; Education animals are primarily non-releasable migratory birds but may include other wildlife species approved by the Department;

(6) “Educational facility” is a for-profit or non-profit organizations holding non-releasable captive wildlife, often received from Wildlife Rehabilitators, or other captive bred or wild caught sources as approved by the Department, whose primary mission and business model is to provide educational information to the public as part of a living history museum involving native wildlife. Zoos and Aquariums are examples of educational facilities.

(7) “Exhibitor” means any person who legally acquired wildlife for exhibition or educational purposes and who holds that wildlife under the requirements of OAR 635, division 044;

(a) Wildlife held by an Exhibitor includes, but is not limited to, animals used for commercial and non-profit or education purposes, or in carnivals, circuses, and zoos;

(b) Wildlife held for exhibition or educational purposes does not include those held for falconry, game bird propagation, or captive cervid facilities.

(8) "Endangered species" means those species defined in ORS 496.004(6).

(9) “Facility” means any building, structure, cage, or pen in which wildlife may be kept, fed, exercised, or held during any portion of its life stages.

(10) “Grandfathering” means, for the purpose of these rules, that a person who possessed legally held native wildlife prior to January 20, 2017, may continue to hold the animal(s) for the life of said animal(s) within the provisions of these rules.

(11) "Hold" means any form of possession or control of a live animal, gamete, or hybrid thereof. The term does not include the observation or casual temporary holding of wildlife for observation and photographic purposes in their natural habitat where the animal is not removed from its immediate location.

(12) "Hybrid" means any offspring, gamete or egg that is produced from wild parent animals of different strains, races, varieties, species, or genera (for example: Canis familiaris (domestic dog) x Canis lupus (wolf) are considered F1 generation wolf hybrids. No state permit is required to possess F1 hybrids or the progeny of F1 generation wolf hybrids, however cities and counties may prohibit possession or require a permit.)

(13) "Import/importation" means to bring or cause live wildlife to be transported into Oregon by any means.

(14) "Migratory bird" means any bird, whatever its origin and whether or not raised in captivity, which belongs to a species listed in U.S. 50 CFR §10.13, including any part, nest, or egg of any such bird.

(15) “Native” means indigenous to Oregon, not introduced (ORS 496.171 (2)).

(16) “Nongame wildlife” means all wildlife species except game mammals, fur-bearing mammals, game birds, and game fish (ORS 496.375).

(17) “Pedigree” means the record of descent of an animal identifying its ancestry and genetic linage.

(18) “Permittee” means the person who holds a valid Wildlife Holding Permit, Wildlife Exhibitor/Animal Entertainment Permit, Wildlife Sanctuary Permit or Game bird Propagation License issued by the Department.

(19) “Propagation” means the breeding, reproduction, production, incubation, or rearing of wildlife for sale, release, or other uses. For purposes of these rules, propagation refers specifically to game bird species.

(20) "Public display" means to place or locate wildlife so that it may be viewed by the public directly or electronically.

(21) "Release" means permitting any legally collected wildlife, domestically raised or imported wildlife currently in possession to exist alive outside an approved holding or propagation facility.

(22) “Sanctuaries” in Oregon are accredited by the Global Federation of Animal Sanctuaries and provide lifetime care for previously captive wildlife. Wildlife held in sanctuaries may come from private owners, research laboratories, the entertainment industry, or zoos. Sanctuaries are distinguished from education and entertainment industries by limiting public display; animals are not exhibited or transported from the sanctuary for non-medical reasons.

(23) "Sensitive species" means those wildlife species, subspecies, or populations that are facing one or more threats to their populations, habitat quantity or habitat quality or that are subject to a decline in number of sufficient magnitude such that they may become eligible for listing on the state Threatened and Endangered Species List and that are included on the Sensitive Species List pursuant to OAR 635-100-0040.

(24) "Species" means a unit of classification of animals which are capable of interbreeding and producing fertile offspring.

(25) “SSP” means Species Survival Plan, which is a cooperatively managed species population within AZA member institutions to ensure the sustainability of a healthy, genetically diverse, and demographically varied population within AZA and its partners.

(26) “Take” means to kill or obtain possession or control of any wildlife (ORS 496.004 (16)).

(27) "Threatened species" means those species defined in ORS 496.004 (17).

(28) "USFWS" means the U.S. Fish and Wildlife Service.

(29) "Wildlife” means those species defined in ORS 496.004 (19).

(30) “Wildlife held as pets” means wildlife species which are native to Oregon and may be legally held including non-game wildlife, grandfathered species, or other wildlife under conditions of Chapter 635 Div. 44 administrative rules and are not held for commercial or non-profit purposes, or supported through fees, contracts or donations or as exhibit, educational, animal entertainment industry or sanctuary animals or in an AZA or ZAA accredited facility. Wildlife held as pets cannot be bred, reproduced, or propagated and may not be offered for sale, trade, barter, or exchange.

(31) “ZAA” means Zoological Association of America.

(32) “Zoo or Aquarium” as defined by the Association of Zoos Aquariums (2016) means “a permanent institution which owns and maintains wildlife, under the direction of a professional staff, provides its animals with appropriate care and exhibits them in an aesthetic manner to the public on a regular basis. The institution, division, or section shall further be defined as having as their primary mission the exhibition, conservation, and preservation of the earth’s fauna in an educational and scientific manner.”

History

Statutory/Other Authority: ORS 496, 496.390, 498.002 & 498.029
Statutes/Other Implemented: ORS 496
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0430 Protected Wildlife

(1) Except as provided by Oregon statute or rule or letter of authorization, it is unlawful for any person to take, capture, hold, release or have in possession, either dead or alive, whole or in part, any wildlife listed in this section:

(a) Threatened or Endangered animals as provided for in 635-100-0125, Sensitive Species of Oregon as provided by 635-100-0040, species listed by Oregon Biodiversity Information Center (ORBIC) as “rare, threatened or endangered” in Oregon in the ORBIC published book (2016) and federally listed threatened and endangered listed species;

(b) All non-game birds except European starling (Sturnus vulgaris), house sparrow (Passer domesticus), and Eurasian collared-dove (Streptopelia decaocto); unless as authorized by a Migratory Bird Depredation Order, or in compliance with all terms and conditions of a Migratory Bird Depredation Permit issued by the US Fish and Wildlife Service under Title 50 Code of Federal Regulations Part 21, Subpart D. Nothing in this rule is intended to affect the provisions of ORS 610.002 to 610.990, or

(A) Alvord Lake chub (Siphateles alvordensis);

(B) Oregon lakes tui chub (Siphateles bicolor oregonensis);

(D) Oregon chub (Oregonichthys crameri);

(E) Goose Lake tui chub (Siphateles bicolor thalassinus);

(F) Northern pit roach (Hesperoleucus symmetricus mitrulus);

(G) Millicoma longnose dace (Rhinichthys cataractae ssp.);

(H) Lahonton redside shiner (Richardsonius egregius);

(I) Goose Lake sucker (Catostomus occidentalis lacusanserinus);

(J) Klamath smallscale sucker, Jenny Creek population (Catostomus rimiculus);

(K) Tahoe sucker (Catostomus tahoensis);

(L) Malheur sculpin (Cottus bendirei );

(M) Margined sculpin (Cottus marginatus);

(N) Pit sculpin (Cottus pitensis);

(O) Pacific lamprey (Entosphenus tridentatus);

(P) Western river lamprey (Lampetra ayresii);

(Q) Western brook lamprey (Lampetra richardsoni);

(R) Miller Lake lamprey (Entosphenus minimus);

(S) Klamath River lamprey (Entosphenus similis);

(T) Pit-Klamath brook lamprey (Entosphenus lethophagus);

(U) Goose Lake lamprey (Entosphenus spp.);

(d) Amphibians:

(A) Cope's giant salamander (Dicamptodon copei);

(B) Clouded salamander (Aneides ferreus);

(D) California slender salamander (Batrachoseps attenuatus);

(E) Oregon slender salamander (Batrachoseps wrightorum);

(F) Del Norte salamander (Plethodon elongatus);

(G) Larch Mountain salamander (Plethodon larselli);

(H) Siskiyou Mountains salamander (Plethodon stormi);

(I) Blotched tiger salamander (Ambystoma mavortium melanostictum);

(J) Dunn’s salamander (Plethodon dunni);

(K) Southern torrent salamander (Rhyacotriton variegatus);

(L) Columbia torrent salamander (Rhyacotriton kezeri);

(M) Cascade torrent salamander (Rhyacotriton cascadae);

(N) Crater lake Newt (Taricha granulosa mazamae);

(O) Rocky Mountain tailed frog (Ascaphus montanus);

(P) Coastal tailed frog (Ascaphus truei);

(Q) Northern red-legged frog (Rana aurora);

(R) Foothill yellow-legged frog (Rana boylii);

(S) Cascades frog (Rana cascadae);

(T) Northern leopard frog (Lithobates pipiens);

(U) Columbia spotted frog (Rana luteiventris);

(V) Oregon spotted frog (Rana pretiosa);

(W) Western toad (Bufo boreas);

(X) Woodhouse toad (Anaxyrus woodhousii);

(Y) Great Basin spadefoot (Spea intermontana);

(e) Reptiles:

(A) Western painted turtle (Chrysemys picta bellii);

(B) Western pond turtle (Actinemys marmorata);

(D) Long-nosed leopard lizard (Gambelia wislizenii)

(E) Pygmy short-horned lizard (Phyrnosoma douglassi);

(F) Desert horned lizard (Phrynosoma platyrhinos);

(G) Sharp-tailed snake (Contia tenuis);

(H) Common kingsnake (Lampropeltis getula);

(I) California mountain kingsnake (Lampropeltis zonata);

(J) Western ground snake (Sonora semiannulata);

(K) Racer (Coluber constrictor);

(L) Rubber boa (Charina bottae);

(M) Night snake (Hypsiglena chlorophaea);

(N) Striped Whip snake (Coluber taeniatus);

(O) Ring-necked snake (Diadophis punctatus);

(P) Pacific coast aquatic garter snake (Thamnophis atratus);

(Q) Western whiptail (Aspidoscelis tigris);

(f) Mammals:

(A) All bats in the Order Chiroptera;

(B) American pika (cony) (Ochotona princeps);

(D) White-tailed jack rabbit (Lepus townsendii);

(E) Chipmunk (Tamias amoenus, T. minimus., T. senex, T. siskiyou and T. townsendii);

(F) Golden-mantled ground squirrel (Spermophilus lateralis);

(G) Red squirrel (Tamiasciurus. hudsonicus);

(H) White-tailed antelope squirrel (Ammospermophilus leucurus);

(I) Northern flying squirrel (Glaucomys sabrinus);

(J) White-footed vole (Arborimus albipes);

(K) Red Tree Vole (Arborimus longicaudus);

(L) Ringtail (Bassariscus astutus);

(M) Fisher (Martes pennanti);

(N) All marine mammals.

(2) Notwithstanding section (1) of this rule, it shall be lawful to purchase, sell, or exchange, or have in possession any pelt of wildlife listed in this rule which was lawfully taken in another state and transported into Oregon. A bill of lading or freight bill from a common carrier or other documentary proof indicating the state of origin of the pelt and the name and address of the person from whom the pelt was received shall be sufficient.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 498.012 & 506.119
Statutes/Other Implemented: ORS 496.162 & 506.129
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0440 Capture and Holding of Wildlife

Wildlife may not be captured from the wild and/or held except as provided by OAR 635-044-0450(1), or with the following permits or licenses:

(1) Wildlife Holding Permit (OAR 635-044-0460(1) and 635-044-0480(2a));

(2) Wildlife Exhibitor/Animal Entertainment Industry Permit (OAR 635-044-0460(1) and 635-044-0470(2));

(3) Wildlife Sanctuary Permit (OAR 635-044-0460(1) and 635-044-0470(2a));

(4) Game bird Propagation License (OAR 635-044-0540(1));

(5) Falconry License (OAR 635-055-0010);

(6) Wildlife Rehabilitation Permit (OAR 635-062-0010);

(7) Scientific Taking Permit (OAR 635-043-0023 and 635-007-0900);

(8) Game Bird Release Permit for Hunting Dog and Raptor Training and Competitive Hunting Dog Trial Permit as defined in OAR 635 division 046;

(9) Hunting Preserve License (pheasants, quail, and partridge) defined in OAR 635-047-0015;

(10) Captive Cervid Holding and Propagation permits as defined in OAR 635, division 049;

(11) A federal permit or qualifying exception under the Code of Federal Regulations will serve in lieu of a state Wildlife Holding Permit for birds protected by the federal Migratory Bird Treaty;

(12) Fox (Vulpes vulpes or Urocyon cinereoargenteus) or mink (Mustela vison) may be held by a commercial fur farm under authority of the Oregon Department of Agriculture (ORS 596.010(3); 609.125; 596.020(2)).

(13) Fish Transport Permit (OAR 635-007-0600);

(14) Fish Propagation License (OAR 635-007-0650);

(15) Sturgeon Propagation Permit (OAR 635-007-0725)

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.002, 498.022, 498.029, 498.052, 498.222 & 498.242, 596.010, 596.020 & 609.125;
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318 & 498.022
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0450 Holding Permit Requirements

(1) No person shall capture or hold three or more animals listed in OAR 635-044-0480 or legally held grandfathered animals (635-044-0470) without a valid Wildlife Holding Permit.

(2) Wildlife Holding Permits are specific to the species held, permit holder and to the holding facility described on the permit.

(3) Wildlife Exhibitor/Animal Entertainment Industry or Wildlife Sanctuary Permit is required to hold species listed in 635-044-0460 and 635-044-0480.

(4) All Wildlife Holding, Wildlife Exhibitor/Animal Entertainment Industry and Wildlife Sanctuary permittees shall certify to the Department that the species held complies with any applicable city or county ordinances and any applicable federal laws.

(5) No Wildlife Holding Permit is required to hold:

(a) Game birds legally acquired and held under a Game Bird Propagation License; game birds legally acquired from a licensed propagator or with a valid import permit from the Oregon Department of Agriculture;

(b) Captive or farmed cervids held under a Cervid Holding Permit or a Cervid Propagation License (OAR chapter 635 division 49);

(d) Game fish legally acquired and possessed with a valid Fish Transport Permit.

(6) Wildlife held for purposes of Exhibition or Animal Entertainment or in a wildlife sanctuary as defined in 635-044-0420(1), (5), (6), (7) or (22) require a Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary permit.

(a) Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permits must be renewed annually and include updated animal inventory, employee, facility, and business information, and associated fees.

(b) The annual fee for Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permit is $100 plus the $2 agent fee.

(c) AZA or ZAA accredited facilities can submit fees for their Wildlife Exhibitor/Animal Entertainment Industry permit at the same interval as their accreditation renewal. A five year AZA accreditation renewal requires payment of the cumulative annual fee for a Wildlife Exhibitor/Animal Entertainment Industry permit of $500 plus the $2 agent fee. An annual renewal report is required to document animal inventory, employee, or facility changes.

(7) Revocation or non-renewal of licenses or permits and contested case procedure are defined in 635-044-0570.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0460 Holding of Live Black Bear (Ursus americanus), Cougar (Puma concolor), Bobcat (Lynx rufus), Wolf (Canis lupus), Raccoon (Procyon lotor) and Skunk (Mephitis spp.)

(1) Black bears, cougars, bobcats, wolves, raccoons and skunks held in captivity require a Wildlife Holding or Wildlife Exhibitor/Animal Entertainment Industry or Wildlife Sanctuary Permit and associated fees paid for those species held.

(2) Black bears, cougars, bobcats, wolves, raccoons and skunks may only be held at AZA accredited facilities or in Department approved facilities meeting standards defined in the Oregon Enclosure and Caging Standards for Holding Wildlife (Exhibit 1) or as defined in 635-044-0500(5)(b).

(3) Black bears, cougars, bobcats, and wolves, acquired by transfer or new acquisition as part of an existing permit or new holding application after January 20, 2017, shall only be held at AZA accredited facilities or as approved by the Department in Wildlife Exhibitor/Animal Entertainment or Wildlife Sanctuary facilities. No more than one black bear, one cougar, or one bobcat may be held on a Wildlife Exhibitor/Animal Entertainment or Wildlife Sanctuary Permit unless approved by the Department.

(4) Black bears, cougars, bobcats, wolves, raccoons, and skunks must have been acquired from an out-of-state licensed USDA breeder with approved documentation that may include a valid sales receipt, Certificate of Veterinary Inspection with import permit from Oregon Department of Agriculture, valid agency transfer of ownership permit identifying the animal was propagated and born in legal captivity, or as approved by the Department.

(a) Black bears, cougars, bobcats, wolves, raccoons and skunks must be marked permanently and uniquely with either a lip or ear tattoo and/or implanted Radio Frequency Identification Device (microchip). Holders of these defined species of animals shall meet these requirements by January 21, 2018.

(b) Live black bears, cougars, bobcats, wolves, raccoons, and skunks shall not be removed from the wild, with the exception of animals captured and placed by the Department in an AZA accredited facility, or as authorized by a Scientific Taking Permit (OAR 635-043-0023), Wildlife Rehabilitation Rules (OAR 635 Div. 062), as nuisance wildlife captured by permit (OAR 635 Div. 435), or as approved by the Department.

(c) Black bears, cougars, bobcats, wolves, raccoons, and skunks held on a Wildlife Holding Permit or Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permit cannot be bred, reproduced, or propagated in Oregon or offered for sale, trade, barter or exchange, including grandfathered animals with one exception: The Department recognizes that AZA-accredited facilities participate in native species conservation, in part, by the breeding of native species in captivity; therefore, AZA-accredited facilities may breed native species for which there is a current AZA-approved SSP Program which calls for breeding in captivity at the AZA facility with prior approval by the Department. AZA accredited facilities must submit a copy of the relevant AZA SSP Breeding and Transfer Plan Recommendations. If an AZA accredited facility wishes to breed a native species that does not have an AZA-approved SSP Program or is not part of a federal and/or state species recovery plan, the facility may request authorization for breeding from the Department by including information on justification for breeding, number of young desired, and proposed final disposition of resulting progeny.

(d) Black bears, cougars, bobcats, and wolves may only be transferred between valid Wildlife Exhibitor/Animal Entertainment Industry, Sanctuary or AZA or ZAA accredited facilities with prior approval by the Department. Raccoons and skunks may not be offered for sale, trade, barter, or exchange as a household pet in Oregon (ORS 498.029).

(e) Black bears, cougars, bobcats, wolves, and raccoons must be held within AZA accredited facilities or facilities defined in Exhibit 1 and approved by the Department, except when:

(A) Transported to or from licensed Oregon veterinary clinics or other ODFW-approved facilities in temporary holding or transportation caging that is pre-approved by the Department; or

(B) With a Department letter of authorization for requested activities.

(f) Application renewals must include a description of permanent and unique animal identification mark and mark location, and veterinary documentation of reproductive sterilization (if required when both sexes are held). No access or contact shall occur between wild animals and captive wildlife including but not limited to black bear, cougar, bobcats, wolves, raccoons and skunks or other wildlife held on a Wildlife Holding or Exhibitor/Animal Entertainment Industry or Sanctuary Permit.

(5) The burden of proof of the hybridity of a bobcat-cross or wolf-cross animal is the responsibility of the animal owner. A wolf is considered “pure-bred” when the animal’s genetic and phenotypic makeup does not include any genetic material or characteristics of a domestic dog or other canine. A bobcat is considered “pure-bred” when the animal’s genetic and phenotypic makeup does not include any genetic material or characteristics of a domesticated cat or exotic felid species. Documentation in the form of breeding evidence by pedigree and record, records of acquisition and disposition, transactions, and sworn statements, will be required of all bobcats and wolves claimed to be hybrids, and genetic testing may be conducted by the Department. Lack of sufficient proof of hybridity as determined by the Department will genetically classify the animal as a bobcat or wolf requiring a Wildlife Holding Permit or Exhibitor/Animal Entertainment Industry or Sanctuary Permit and regulation under the conditions of these rules (635-044-0460(3), (7)(a), and 635-044-0470(2)).

(6) Raccoons and Skunks:

(a) No more than two raccoons may be held on a Wildlife Holding Permit. Additional animals may be held or added to a permit with Department approval.

(b) Two or more held raccoons or skunks of different sexes requires sterilization of either sex. Animals older than 6 months of age and adult animals presently held or newly acquired must be sterilized within 30 days of rule adoption or animal acquisition. Written documentation of the completed procedure by a licensed veterinarian is required.

(7) Gray Wolves in Captivity:

(a) Except as provided in 635-044-0470(3), pure-bred wolves acquired after January 20, 2017 must be held in AZA accredited facilities unless specifically approved by the Department.

(b) Current holders of captive wolves must:

(A) Not import, export, purchase, sell or exchange any pure-bred gray wolf except with written authorization from the Department prior to transferring a pure-bred gray wolf to another facility;

(B) Comply with the requirements of OAR 635-044-0470, and;

(D) Provide the Department a copy of their current federal permit/licenses with their Permit application or renewal.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 498.002, 497.228 & 496.171 - 182
Statutes/Other Implemented: ORS 498.002, 497.228 & 496.171 - 182
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0470 Grandfathering the Possession of Black Bear, Cougar, Bobcat, Wolf, Raccoon, Skunk, Squirrel, Chipmunk and Other Non-game Wildlife Species Legally Held as Pets

(1) Grandfathered wildlife may be held as pets, or for exhibitor, educational, or animal entertainment industry or sanctuary purposes, or in AZA accredited facilities as defined in these rules.

(2) A person who legally held native wildlife (black bear, cougar, bobcat, wolf, raccoon, skunk, squirrel, chipmunk) or other nongame species in Oregon prior to and on January 20, 2017 may continue to hold those animal(s) for the remainder of the animal(s) life provided:

(a) The holder submits an application for an annual Wildlife Holding, Exhibitor/Animal Entertainment Industry or Sanctuary Permit by January 21, 2018. Included with the application, the person must:

(A) Remit to the Department a fee of $29.00 per species held for a Wildlife Holding permit or $105.00 for a Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permit for the permit or permit renewal; and

(B) Demonstrate to the Department that the person’s black bear, cougar, bobcat, wolf, raccoon and skunk holding facility complies with any applicable city or county ordinances and any applicable federal laws.

(C) Permit conditions may include, but are not limited to, facility design standards and actions to protect native wildlife and human safety.

(D) Permit renewal must occur before the expiration date printed on the permit issued by the Department

(b) Grandfathered animals are held in Department approved facilities meeting standards defined in the Oregon Enclosure and Caging Standards for Holding Wildlife (Exhibit 1). The facilities housing legally acquired grandfathered black bears, cougars, bobcats, wolves, raccoons, skunks, squirrels, chipmunks, and other legally held non-game species, must meet the minimum facility standards defined herein in Exhibit 1 by January 21, 2018.

(c) Grandfathered bears, cougars, bobcats, wolves, raccoons, skunks, squirrels, and chipmunks must have been acquired from a legally propagated out-of-state source or legally acquired with approved documentation that may include a valid sales receipt, Certificate of Veterinary Inspection with import permit from Oregon Department of Agriculture, valid agency transfer of ownership permit identifying the animal was propagated and born in legal captivity, or as approved by the Department. All permit holders of grandfathered animals shall provide to the Department a signed and notarized affidavit stating how the grandfathered animal(s) were legally acquired.

(d) Grandfathered wildlife held as pets may not be bred. Two or more held grandfathered black bears, cougars, bobcats, wolves, raccoons, skunks, squirrels, chipmunks, or other grandfathered wildlife of the same species of different sexes, requires sterilization of either sex for animals older than 6 months of age, within 30 days of rule adoption. Written documentation of the completed procedure by a licensed veterinarian is required. Avoidance of reproduction of nongame wildlife of different sexes can be accomplished by separation of the sexes, disposal of eggs, veterinary sterilization, etc., and is the responsibility of the wildlife holding permittee.

(3) The only person(s) who may hold pure-bred wolves in captivity are those who, as of December 31, 2009, held a gray wolf or wolves in captivity in Oregon under previous Oregon Department of Agriculture, Class I Exotic Canine, Exotic Animal Division 603 Rules or held a valid license or registration from the U.S. Department of Agriculture, under the federal Animal Welfare Act of 1970. These persons must also obtain authority under the requirements of 635-044-0460(7) [Gray Wolves in Captivity] of this rule.

(a) Beyond the persons described in paragraph (2), the Department will not issue any new permits to hold a pure-bred wolf in captivity except as defined in OAR 635-044-0460 (7) (a).

(b) Wolves legally held under the provisions of paragraph (2) may only be transferred to an AZA accredited facility unless specifically approved by the Department.

(4) Grandfathered black bears, cougars, and bobcats may only be transferred from the original Wildlife Holding Permit to an AZA accredited facility or an approved Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary facility, or as approved by the Department. Raccoons and skunks may not be offered for sale, trade, barter, or exchange as a household pet (ORS 498.029).

History

Statutory/Other Authority: ORS 498.002, ORS 497.228 & ORS 496.171 - 182
Statutes/Other Implemented: ORS 498.002, ORS 497.228 & ORS 496.171 - 182
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0475 Wildlife Held by Exhibitor/Animal Entertainment Industry and Wildlife Sanctuaries

(1) Wildlife held for exhibitor/education or animal entertainment industry purposes or in wildlife sanctuaries are not considered wildlife held as pets. Animals previously held for entertainment purposes that are no longer performing due to age or debilitation may be held as pets (e.g. not on exhibit or performing) by the business or transferred to an exhibitor or sanctuary with prior Department approval.

(2) Wildlife Exhibitor/Animal Entertainment Industry and Sanctuary permittees must be Oregon residents, as defined in OAR 635-010-0015(4)(a), and maintain their approved facility and held wildlife collections in Oregon.

(3) Exhibitor/Animal Entertainment Industry and Sanctuary permittees may only transfer legally held wildlife between other Oregon Wildlife Exhibitor/Animal Entertainment Industry and Sanctuaries permittees or an AZA accredited facility, or add new animals including black bear, cougar, and bobcat to their inventory of legally held wildlife, with prior written approval by the Department.

(4) Exhibitor/Animal Entertainment Industry permittees of held wildlife must provide:

(a) Written documentation to the department with their annual permit application showing that:

(A) Animals held on Exhibitor/Animal Entertainment Industry permit are exhibited to the public for exhibition or education purposes; or,

(B) Permittee of animals used in animal entertainment must document active contract work including dates and job descriptions for that year involving wildlife held on the permit;

(b) A copy of their business license, Non-Profit filing status (if applicable), Tax Identification Number, and/or Employer Identification Number and documentation showing approval of their held species of wildlife by local city, town, or county ordinances;

(c) Written documentation of the permit holder and employee qualifications to transport and possess only those species specified on the department approved permit including black bears, bobcat, cougars, and wolves and including: Documentation that applicants or the applicant’s employee(s) who will be handling wildlife are at least 18 years of age and possess the equivalent of at least two years, paid or volunteer, hands-on experience caring for and handling species at facilities engaged in a similar or directly related activity to the permit requested. Applicants or the applicant’s employee shall have at least one year hands-on professional experience working with black bears, bobcats, cougars, or wolves in the same family or closely related taxonomic family as each species being requested. Experience will be considered only for the periods the applicant or the applicant’s employee was directly involved in and responsible for the animals while engaged in the activity requested on the permit and only when acquired within five years of the date of the initial permit application.

(d) AZA accredited facilities are exempt from the requirements listed in this section (4).

(5) Wildlife Exhibitor/Animal Entertainment Industry permittees holding native wildlife for the purposes of education may hold species defined under the rules of Chapter 635 Divisions 044 and 062. Native wildlife that are found injured and/or orphaned in the wild in Oregon and are not suitable for release into the wild, but are suitable for educational purposes, may be held under a Wildlife Exhibitor/Animal Entertainment Industry permit provided the animal in question is placed by the Department and given to a licensed Wildlife Rehabilitator not directly associated with the Exhibitor’s business, unless approved by the Department.

(a) Placement or final disposition of wild non-releasable wildlife will be determined at the discretion and pre-approval of the Department. Native species shall only be acquired from the Department or, upon approval by the Department, from a licensed Oregon Wildlife Rehabilitation Facility that is permitted with the Department.

(A) The Department veterinarian shall receive written documentation for each animal requested for Exhibit from a licensed Oregon Wildlife Rehabilitation Facility’s veterinarian stating why the animal is unsuitable for wildlife rehabilitation and release, but suitable for education purposes.

(b) Licensed Oregon wildlife rehabilitators who legally hold only non-releasable migratory bird species for educational purposes are not required to acquire a Wildlife Exhibitor/Animal Entertainment Industry permit.

(c) Wildlife may only be transferred from a licensed wildlife rehabilitation facility to a permitted Wildlife Exhibitor/Educational facility through prior approval by the Department.

(6) New application requirements for Wildlife Exhibitor/Animal Entertainment Industry and Sanctuary permit shall include:

(a) An inventory of each animal requested including the common and scientific name, sex, and age of each animal.

(b) A resume which provides the dates and description of an applicant or their full-time employee’s experience. The resume is required only when applying for the initial permit, an amendment, or when applying to add new species to the inventory upon renewing a permit.

(c) A copy of current USDA license or registration document required by the USDA (for mammals) and a copy of the most recent USDA facility inspection form completed for the facility shall be on file with the department at all times. A copy of the issued USDA license or registration document shall be provided to the department within 10 business days of receipt of the document.

(d) Three letters of recommendation are required for new applicants, written in the previous five years, on letterhead stationary with an original signature signed in ink from the owner or operator of a facility where the applicant or their employee gained his/her experience and may include a recommendation from other licensed industry associates. The letters shall provide the printed name of the owner or operator and detailed information regarding the quality and extent of the applicant's or their employee’s, knowledge and experience related to the permit requested. AZA and ZAA accredited facilities may submit this information with their 5-year accreditation documents, however, animal inventory and employee and facility changes must be submitted annually.

(e) A detailed statement of purpose describing the planned use for each animal. Applicants shall include relevant materials including lists of prospective clients with their contact information or contracts with clients or websites, scripts, brochures or flyers promoting or describing the planned use of the animals. If the animals will be used in an educational program, the applicant shall provide an explanation why live native and/or restricted species are necessary and copies of the educational material that will be distributed. The department may deny the issuance of a permit if it determines that the statement of purpose for the animal(s) does not sufficiently describe the planned use for each animal or is not supported by the permit application materials. The department may require a permittee seeking to renew a permit to provide documents, including but not limited to client lists with contact information or contracts with clients, demonstrating that the use of a permitted animal was consistent with the statement of purpose.

(f) A copy of all current permits required by the United States Fish and Wildlife Service (USFWS) shall be on file with the Department at all times. A copy of the issued USFWS license or registration document shall be provided to the Department within 10 business days of receipt. Any person who is required to possess a USFWS permit for the restricted species applied for or listed on a Department-approved permit is required to comply with these requirements.

(g) The name, address, and telephone number of the veterinarian that provides veterinary care for wildlife listed on the permit.

(h) Emergency Action Plan. Every Exhibitor, Animal Entertainment Industry and Sanctuary Permittee shall have a written Emergency Action Plan readily available and posted in a conspicuous place in the event of an escape, an attack or an emergency evacuation, and shall submit a copy to the department upon application, renewal of a permit and addition of species. The Emergency Action Plan shall be titled, with a revision date, updated annually and include, but is not limited to the following:

(A) List of the re-capture equipment available, including but not limited to darting equipment, nets, traps, and chemical immobilization drugs;

(B) Description of humane lethal dispatch methods for various animals and a list of qualified personnel who are trained to carry out the methods;

(i) List of medical supplies/first aid kits and where they are located;

(ii) Description of mobile transport cages and equipment on hand;

(iii) List of emergency telephone numbers that includes the local department field office, department regional office, and animal control agencies; and

(iv) Written plan of action for emergencies.

(i) Permittees are responsible for the capture, and for the costs incurred by the Department related to capture or elimination of the threat, of an escaped animal or the use of humane lethal force required to capture an animal that escapes. If an escaped animal becomes a public safety threat, state, federal, or local law enforcement personnel have the authority to use appropriate lethal force required to end the threat.

(j) Any incident involving an animal held under a Wildlife Holding or Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permit that results in serious injury or death to a person shall be reported immediately to the department’s District office having jurisdiction over the area in which the serious injury and death has occurred. If the Department determines that serious injury or death has occurred as a result of contact with an animal held under the authority of a Wildlife Holding, or Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permit, the authorizations and conditions of the permit may be reviewed and subject to change by the Department. Additional conditions to the permit may be added at any time to provide for human health and safety.

(k) Permittees shall report by telephone immediately and at first knowledge of the intentional or unintentional escape or release of a wild animal to the Department District biologist and the nearest law enforcement agency of the city or county in which the wild animal was released or escaped.

(7) Wildlife Sanctuaries must follow Global Federation of Animal Sanctuaries standards and requirements in effect on January 20, 2017. Wildlife Sanctuaries shall have:

(a) No captive breeding;

(b) No commercial trade in animals or animal parts;

(c) No public tours allowed that are not guided and conducted in a manner that minimizes the impact on the animals and their environment, does not cause them stress, and gives them the ability to seek visual barriers and shelter;

(d) Animals are not exhibited or taken from the sanctuary or enclosures/habitats for non-medical reasons; and

(e) The public does not have direct contact with wildlife.

(8) Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permittees holding black bears, cougars, or wolves exhibited directly to the public or involving guided tours and inclusive of zoos and aquariums, must show annual proof of liability insurance policy with an insurer authorized or approved to write such insurance in Oregon that covers claims or injury or damage to persons or property caused by wildlife held on their permit or any resulting claims against the state. The amount of the insurance coverage shall be not less than one million US dollars.

(9) Wildlife used in filmed media entertainment must follow the American Humane Association’s (AHA) Guidelines for the Safe Use of Animals in Filmed Media monitored by AHA Certified Animal Safety Representatives and use held wildlife in productions that attain the American Humane Association rating of acceptable or outstanding.

(10) For-profit and non-profit Zoos and Aquariums that are not AZA or ZAA accredited and are holding native wildlife must gain AZA or ZAA accreditation status by January 21, 2022. For purposes of Chapter 635 Division 44 rules, AZA and ZAA are considered equivalent in quality of standards for holding native Oregon wildlife.

History

Statutory/Other Authority: ORS 498.002 & 496.171 - 182
Statutes/Other Implemented: ORS 498.002 & 496.171 - 182
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0480 Holding of Nongame Wildlife

(1) Native nongame wildlife may not be sold or propagated except as provided in Division 200.

(2) A Wildlife Holding Permit is required to hold three or more animals of a limited number of nongame wildlife species for each facility or household.

(3) Only nongame species from the following list are permitted to be held. These species are determined to be demonstrably widespread, abundant, and secure through the NatureServe state ranking process as currently determined by the Oregon Biodiversity Information Center (ORBIC) as of the date of the revised rule adoption. (http://inr.oregonstate.edu/orbic/rare-species/ranking-definitions)

(a) Amphibians:

(A) Northwestern Salamander (Ambystoma gracile);

(B) Long-toed Salamander (Ambystoma macrodacytlum);

(D) Ensatina (Ensatina eschscholtzii);

(E) Western Red-Backed Salamander (Plethodon vehiculum);

(F) Rough-Skinned Newt (Taricha granulosa);

(G) Pacific Treefrog or Pacific Chorus Frog (Pseudacris regilla);

(b) Reptiles:

(A) Northern Alligator Lizard (Elgaria coerulea);

(B) Southern Alligator Lizard (Elgaria multicarinata);

(D) Northern Sagebrush Lizard (Sceloporus graciosus graciosus);

(E) Western Fence Lizard (Sceloporus occidentalis);

(F) Common Side-Blotched Lizard (Uta stansburiana);

(G) Western Rattlesnake (Crotalus oreganus): excluding Willamette Valley populations;

(H) Pacific Gopher Snake (Pituophis catenifer);

(I) Western Terrestrial Garter Snake (Thamnophis elegans);

(J) Northwestern Garter Snake (Thamnophis ordinoides);

(K) Common Garter Snake (Thamnophis sirtalis);

(A) North American Porcupine (Erethizon dorsatum);

(B) Long-Tailed Vole (Microtus longicaudus);

(D) Creeping vole (Microtus oregoni);

(E) Ermine (Mustela erminea);

(F) Long-Tailed Weasel (Mustela frenata);

(G) Bushy-Tailed Woodrat (Neotoma cinerea);

(H) Dusky-footed woodrat (Neotoma fuscipes);

(I) Deer Mouse (Peromyscus maniculatus);

(J) Great basin pocket mouse (Perognathus parvus);

(K) Coast Mole (Scapanus Orarius);

(L) Northern pocket gopher (Thomomys talpoides);

(M) California Ground Squirrel (Spermophilus beecheyi);

(N) Belding’s Ground Squirrel (Spermophilus beldingi);

(O) Brush Rabbit (Sylvilagus bachmani);

(P) Douglas’s Squirrel (Tamiasciurus douglasii).

(4) Additional species may be petitioned for proposed inclusion to the list of species permitted and held under a Wildlife Holding Permit with a written request and justification submitted to the Department.

(5) Wildlife listed in this section that are captured from the wild and held for more than 48 hours in captivity, or held on a Wildlife Holding Permit, must remain in captivity for the life of the animal and may not be returned to the wild without prior approval by the Department. This rule does not apply to wildlife held under 635-062-0000 (Wildlife Rehabilitation).

(6) Wildlife species whose ORBIC status changes from being demonstrably widespread, abundant, and secure (S5 ORBIC status), to a less secure status (S1-4), will be grandfathered to the individual permit holder at the time of the status change for the life of the animals. No further collections or additions will be permitted to new or existing Wildlife Holding Permits for that species without prior approval by the Department.

History

Statutory/Other Authority: ORS 498.002 & 496.171 - 182
Statutes/Other Implemented: ORS 498.002 & 496.171 - 182
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0490 Cost, Expiration Date, and Changes to a Wildlife Holding, Wildlife Exhibitor/Animal Entertainment Industry or Wildlife Sanctuary Permit

(1) Any person desiring to obtain a Wildlife Holding Permit must be an Oregon resident with a legal Oregon address and must submit a complete application and a non-refundable application species fee and license agent fee listed on the permit application. All applications require Department approval and payment of the Wildlife Holding Permit fees of $29.00 for each species held.

(2) Any person desiring to obtain a Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary permit must be an Oregon resident and identify whether the applicant is an individual, partnership, corporation, Limited Liability Company or other legal entity. (if a partnership, the application must provide the full names and addresses of the partners; if a corporation, the application must provide the full names and addresses of all officers, directors and stockholder; if a limited liability company, the application must provide the full names and addresses of all members and managers; if the applicant is structured as a tiered organization, the application must provide the full names and address of all of the partners; or officers, directors and stockholders; or members and managers of each constituent entity within the tiered organization). Applicant must submit a complete application and a non-refundable application fee of $100.00 and license agent fee listed on the permit application.

(3) The Wildlife Holding, Wildlife Exhibitor/Animal Entertainment Industry, and Wildlife Sanctuary Permits expires on December 31 of the year issued.

(4) All permit renewals and payment of associated fees must occur before the expiration date of the current permit. Verification of annual permit requirements (if applicable to the permit) must accompany the renewal application.

(5) A new application is required for any change of address by the permittee.

(6) The addition of animals of the species approved on the original permit requires prior approval by the local department biologist.

(7) Except as directed in 635-044-0470 (4) and 635-044-0475 (1)(A) and (3), wildlife held on a Wildlife Holding Permit may only be transferred to another Wildlife Holding Permittee and requires:

(a) The species transferred is listed on the receiving permittee’s Wildlife Holding Permit, and;

(b) A new application and updated Wildlife Holding Permit and payment of associated fees for the addition of animals of the species transferred, and;

(8) Failure to renew a Wildlife Exhibitor/Animal Entertainment Industry or Wildlife Sanctuary Permit, or Wildlife Holding Permit by December 31 of the year issued may result in a penalty or confiscation of held species, fines, and denial of a future permit.

(9) The Department may revoke or decline to renew a Wildlife Exhibitor/Animal Entertainment Industry or Wildlife Sanctuary Permit or Wildlife Holding Permit or Game Bird Propagation License if the permittee/licensee is convicted of, or admits to a violation of, any wildlife law or any rule, order or permit issued under the wildlife laws within the previous five years of the date of application. Upon revocation or non-renewal of a permit, the Department will confiscate any birds, mammals, amphibians and reptiles held.

(10) Cancelation or non-renewal of application, licenses, or permits and contested case procedure is defined in 635-044-0570.

History

Statutory/Other Authority: ORS 496.012, ORS 496.138, ORS 496.146, ORS 497.298, ORS 497.308, ORS 497.312, ORS 497.318, ORS 498.022, ORS 498.029, ORS 498.052, ORS 498.222 & ORS 498.242
Statutes/Other Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 497.298, ORS 497.308, ORS 497.312, ORS 497.318, ORS 498.022, ORS 498.029, ORS 498.052, ORS 498.222 & ORS 498.242
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0500 Requirements for Care of Wildlife Held in Captivity

(1) All wildlife held in captivity, including, but not limited to, wildlife held under any permit, license, or condition listed in 635-044-0460 and 635-044-0480 or under a Game Bird Propagation license must provide minimum care sufficient to preserve the health and well-being of the held wildlife (except for emergencies or circumstances beyond the reasonable control of the holder), including, but is not limited to, the following requirements:

(a) Appropriate food for each held species of sufficient quantity and quality to allow for normal growth or maintenance of body weight.

(b) Open or adequate access to potable water in sufficient quantity and quality to satisfy the animal’s needs.

(c) Shelter sufficient to protect from adverse elements, protect from predators, prevent escape, prevent other wildlife from entry, and prevent injury. Any other requirement particular to the survival of the specific animal shall also be provided.

(d) Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease.

(e) Daily access to an area:

(A) With adequate space for exercise necessary for the health of the animal (except when transporting);

(B) With air temperature suitable for the species of animal; and

(f) Captive wildlife may not be restrained with a chain, rope, hobbles or similar restraint method. Tethering of raptors is permitted.

(2) It is unlawful for any person possessing wildlife in their care and possession to cause or allow such wildlife to be chased, injured, harmed, harassed, or neglected.

(3) Wildlife held on a Wildlife Holding Permit may not be released in Oregon without prior approval by the Department.

(4) Wildlife listed in this section and captured from the wild and held for more than 48 hours in captivity or held on a Wildlife Holding Permit must remain in captivity for the life of the animal and may not be returned to the wild following capture without prior approval by the Department.

(5) Facilities housing wildlife must meet ODFW minimum standards for species defined in the ODFW Enclosure and Caging Standards for Holding Wildlife for Wildlife Held in Captivity (Exhibit 1); and

(a) Enclosed within suitable structures to prevent escape or prevent other wildlife from entry;

(b) Applicants of Wildlife Holding Permits and holders of wildlife in captivity must demonstrate equivalency of facility construction with Department approval of all proposed facility construction design, materials, and specifications equivalent or exceeding the ODFW Enclosure and Caging Standards for Holding Wildlife.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 167.305, 167.310, 167.312, 167.315, 167.320, 167.322, 167.333, 167.334, 167.335, 167.340, 167.343, 167.345, 167.347, 167.349, 167.355, 167.390 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.006, 498.022, 498.029, 498.052, 498. 222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 & 167.310
DFW 22-2017, f. & cert. ef. 3-9-17
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0510 Inspection of Facilities

(1) Facilities holding captive wildlife are subject to inspection by any State Police officer or Department representative. Inspection of the facilities may take place without warrant or notice, but, unless prompted by emergency or other exigent circumstances, shall be limited to regular and usual business hours, including weekends. Nothing in these rules is intended to authorize or allow the warrantless search or inspection of a permit holder's residence.

(2) Any inspection(s) of Exhibitor/Animal Entertainment or Sanctuary Permit or Wildlife Holding permit facilities involving approval of new or modified facilities may require a $160.00 inspection fee. An inspection fee may be assessed for Wildlife Holding Permit facilities depending on species and number of wildlife held.

History

Statutory/Other Authority: ORS 496.012, ORS 496.138, ORS 496.146, ORS 497.298, ORS 497.308, ORS 497.312, ORS 497.318, ORS 498.022, ORS 498.029, ORS 498.052, ORS 498. 222 & ORS 498.242
Statutes/Other Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 497.298, ORS 497.308, ORS 497.312, ORS 497.318, ORS 498.022, ORS 498.029, ORS 498.052, ORS 498.222 & ORS 498.242
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0520 Ownership of Captured Wildlife Held in Captivity

(1) Native wildlife, or the progeny thereof, captured from the wild in Oregon remains the property of the State of Oregon.

(2) Wildlife native to Oregon that are acquired legally from an out-of-state propagator and held in captivity are not considered property of the state of Oregon, but are subject to the same wildlife rules as legally acquired native wildlife collected in Oregon and held in captivity.

(3) Wildlife cannot be sold, exchanged, bartered, transferred or released in Oregon except as defined by rule or statute or as authorized by the Department.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0530 Possession of Coyote Prohibited Without Permit

It is unlawful to keep coyotes (Canis latrans) in captivity except in compliance with the terms and conditions of a permit issued pursuant ORS 497.298 and 497.312.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0540 License Required to Propagate Game Birds

(1) Any person or business desiring to propagate for sale any game bird, limited to the following bird species in the families listed below, must submit a complete application and a non-refundable application fee of $56.00 (plus a $2.00 license agent fee) listed on the permit application:

(a) Columbidae (mourning doves and band-tailed pigeons only);

(b) Anatidae (all species except mute swans and Egyptian geese);

(A) Subfamily Phasianinae species only;

(B) Subfamily Tetraoninae (grouse and ptarmigan except Genuses Centrocercus and Tympanuchus );

(D) Subfamily Perdicinae (partridges and common quail ( Coturnix coturnix );

(d) Odontophoridae (Genuses Callipepla, Colinus, and Oreortyx only); and

(e) Scolopacidae( Gallinago delicate only) .

(2) Game Bird Propagation Licenses expire on December 31 of the year issued.

(3) Any person desiring to propagate, sell or barter any raptor as defined in OAR 635-055-0002(3) protected by federal law must first adhere to all permit requirements and regulations pertaining to the propagation and selling of raptors, as adopted by the U.S. Department of the Interior (Federal Register, Vol. 48, No. 132, Part 21). The license holder must provide a copy of their current federal permits to the department with their application or renewal.

History

Statutory/Other Authority: ORS 498.029, ORS 498.052, ORS 498.222, ORS 498.242, ORS 496.012, ORS 496.138, ORS 496.146, ORS 497.298, ORS 497.308, ORS 497.312, ORS 497.318 & ORS 498.022
Statutes/Other Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 497.298, ORS 497.308, ORS 497.312, ORS 497.318, ORS 498.022, ORS 498.029, ORS 498.052, ORS 498.222 & ORS 498.242
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0550 Shipping Requirements for Propagated Game Birds

Any game birds shipped within or outside the state by the holder of a Game Bird Propagation License must have affixed to the shipping container a record showing:

(1) Name, address, and Game Bird Propagation License number of shipper;

(2) Name and address of consignee;

(3) Species name (common and scientific) and numbers of game birds contained; and,

(4) Import of game birds into the state of Oregon requires a Certificate of Veterinary Inspection from a federally accredited veterinarian and must be accompanied by an Oregon Department of Agriculture import permit with exceptions listed in OAR 603-011-0255.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0560 Record Keeping and Reporting Requirements for Game Bird Propagation License

(1) A record of all business transactions involving sale or purchase of eggs or game birds, must be current to date and available at the facility as listed on the permit. Records for the current calendar year must be made available for inspection by Oregon State Police or Oregon Department of Fish and Wildlife personnel.

(2) An annual report of operations must be received with the annual renewal application and fees before the date of permit expiration. The annual report shall include the total number of game birds by species purchased or acquired and all sales or transfers by species, including eggs, births and deaths within the previous calendar year.

(3) Imported or exported game birds must have a certificate of veterinary inspection and any import permit or license and documentation of ownership or other information that may be required by the receiving state.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0570 Cancellation and Non-Renewal of Game Bird Propagation License or Wildlife Holding or Wildlife Exhibitor/Animal Entertainment Industry or Wildlife Sanctuary Permit

Failure to comply with any requirements within these rules or conditions of authorization is cause to cancel or deny renewal of the Game Bird Propagation License and/or Wildlife Holding Permit and/or Exhibitor/Animal Entertainment Industry or Sanctuary Permits and confiscate or require disposal of the wildlife being held. A person may appeal cancellation or denial of a license or permit through a contested case hearing. The request for a contested case hearing on a proposed cancellation must be received by the Department within 21 days after service of notice (or 90 days for emergency revocations). The request for hearing on a proposed non-renewal must be received by the Department within 60 days of notice. Final Orders in contested case hearings will be issued by the Director.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242, 183.430, 183.470, 183. 484 & 183.700
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0580 Disposition of Wildlife Upon License Suspension, Revocation, Nonrenewal or Denial

(1) Within 90 days after any of the following events, any person holding wildlife must dispose of the animals:

(a) Suspension, revocation or expiration of the Wildlife Holding Permit or Exhibitor/Animal Entertainment Industry or Sanctuary Permits or Propagation License;

(b) Denial of an application for license; or

(c) Receipt of a notice from the Department informing the holder that the wildlife held is/are not authorized by license.

(2) “Dispose” means to do the following in compliance with these rules:

(a) Euthanize;

(b) Transfer to another licensed Wildlife Holding or Exhibitor/Animal Entertainment Industry or Sanctuary or Propagation facility; or

(3) If the holder fails to dispose of any wildlife held by the deadline specified in paragraph (1), and if the Department determines that the wildlife held pose an imminent threat to wildlife, livestock, or public health requiring prompt action, the Department may humanely euthanize, confine, transfer, or otherwise dispose of the animals as it determines necessary. In all other circumstances, the Department may humanely euthanize, transfer, confine or otherwise dispose of the wildlife held only after providing the holder with notice and an opportunity for hearing. The Department may choose to keep the wildlife held on the holder's property until an appropriate means of disposal is found or pending a hearing. The Department bears no liability for such actions. Any wildlife held for disposal must be treated humanely in compliance with these rules.

(4) The holders of any wildlife of which the Department disposes pursuant to paragraph (3) must compensate the State of Oregon for any and all expenses incurred by the State during disposition.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 3-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 635-044-0590 Control of Disease Outbreaks in Captive Wildlife

(1) Diseased captive wildlife may be an imminent danger to public, wildlife, domestic animals, or livestock health.

(2) Upon determination that an outbreak of communicable disease among captive wildlife is an imminent danger to public, wildlife, domestic animals, or livestock health, the Department may order the holder to euthanize, confine or transfer, by a specified deadline, any or all wildlife they hold.

(3) Failure by the holder to take action ordered by the Department pursuant to paragraph (2) may result in the Department or its agents entering the holder’s facility to confine, euthanize, or transfer diseased wildlife. The holder is liable for any costs the State of Oregon so incurs. The Department bears no liability for such actions.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 3-2017, f. & cert. ef. 1-24-17

Division 45 HUNTING REGULATIONS: DEFINITIONS

Or. Admin. R. 635-045-0000 Purpose

(1) The purpose of these rules is to list definitions pursuant to hunting seasons for big game and game birds.

(2) The documents entitled “2026-2027 Oregon Game Bird Hunting Regulations,” and “2026 Oregon Big Game Regulations”, are incorporated by reference into these rules. These documents are available at hunting license vendors and regional, district and headquarters offices of the Oregon Department of Fish and Wildlife.

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

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 31-2026, amend filed 04/27/2026, effective 04/27/2026
DFW 107-2025, amend filed 11/25/2025, effective 12/01/2025
DFW 106-2024, amend filed 12/09/2024, effective 12/09/2024
DFW 51-2024, amend filed 06/26/2024, effective 06/26/2024
DFW 117-2023, amend filed 12/21/2023, effective 12/22/2023
DFW 37-2023, amend filed 05/01/2023, effective 05/01/2023
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 183-2021, amend filed 12/30/2021, effective 12/30/2021
DFW 61-2021, amend filed 05/19/2021, effective 05/19/2021
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 103-2020, amend filed 08/13/2020, effective 08/13/2020
DFW 60-2020, temporary amend filed 05/19/2020, effective 05/19/2020 through 10/06/2020
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 49-2017, f. & cert. ef. 4-24-17
FWC 36-1988, f. & cert. ef. 6-13-88; FWC 47-1989, f. & cert. ef. 7-25-89; FWC 14-1990, f. & cert. ef. 2-2-90; FWC 91-1990, f. & cert. ef. 9-4-90; FWC 42-1996, f. & cert. ef. 8-12-96; FWC 53-1997, f. & cert. ef. 9-3-97; DFW 61-1998, f. & cert. ef. 8-10-98; DFW 75-1998, f. & cert. ef. 9-4-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 56-1999, f. & cert. ef. 8-13-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 51-2000, f. & cert. ef. 8-22-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 73-2001, f. & cert. ef. 8-15-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 88-2002, f. & cert. ef. 8-14-02; DFW 2-2003, f. & cert. ef. 1-17-03; DFW 76-2003, f. & cert. ef. 8-13-03; DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 84-2004, f. & cert. ef. 8-18-04; DFW 91-2005, f. & cert. ef. 8-19-05; DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06; DFW 81-2006, f. & cert. ef. 8-11-06; DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07; DFW 68-2007, f. & cert. ef. 8-14-07; DFW 118-2007, f. 10-31-07, c ert. ef. 1-1-08; DFW 90-2008, f. & cert. ef. 8-13-08; DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09; DFW 93-2009, f. & cert. ef. 8-12-09; DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10; DFW 117-2010, f. & cert. ef. 8-13-10; DFW 140-2010(Temp), f. & cert. ef. 10-6-10 thru 12-31-10; Administrative correction, 1-25-11; DFW 108-2011, f. & cert. ef. 8-5-11; DFW 103-2012, f. & cert. ef. 8-6-12; DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13; DFW 85-2013, f. & cert. ef. 8-5-13; DFW 63-2014, f. & cert. ef. 6-10-14; DFW 112-2014, f. & cert. ef. 8-4-14; DFW 69-2015, f. & cert. ef. 6-11-15; DFW 105-2015, f. & cert. ef. 8-12-15; DFW 158-2015, f. & cert. ef. 11-25-15; DFW 41-2016, f. & cert. ef. 4-27-16

Or. Admin. R. 635-045-0002 Definitions

(1) "Active Military Personnel" means, for the purpose of participating in the Veterans and Active Military Personnel Waterfowl Hunting Day(s), members of the Armed Forces [Army, Navy, Air Force, Marine Corps, and Coast Guard] on active duty, including members of the National Guard and Reserves on active duty (other than for training).

(2) "Adult hunting license" is a resident or nonresident hunting license, resident combination angling and hunting license, disabled veteran's angling and hunting license, pioneer's angling and hunting license or senior citizen's angling and hunting license.

(3) "Agricultural lands" are lands that are not less than ten acres in extent that have been cultivated and planted or irrigated to domestic crops that are currently in use. Isolated home gardens, abandoned farmsteads, logged lands, rangelands, and tree farms, are not included in this definition.

(4) "Antler Point" is a point at least one inch in length measured from tip of point to nearest edge of beam. This definition applies only to the three-point elk and spike only elk bag limits.

(5) "Antlerless deer" means doe or fawn deer.

(6) "Antlerless elk" means cow or calf elk.

(7) "Application" means the electronic form completed and purchased to apply for a hunt where the number or distribution of hunters is limited through a public drawing or other means. Mail order applications sent to the Department along with the proper remittance are used to generate the electronic form.

(8) “Bait” for hunting game mammals means any substance placed to attract an animal by its sense of smell or taste, including but not limited to food items or minerals (such as salt). Applying a scent or attractant to one’s body or clothing while worn, is not baiting.

(9) "Baited Area" means an area where baiting has taken place.

(10) "Baiting" means the placing, exposing, depositing, distributing, or scattering of corn, wheat, salt or other feed to constitute a lure or enticement to, on, or over an area where hunters are attempting to take game birds.

(11) “Brace” is defined as an orthosis that is prescribed by a physician and fabricated by an orthotist certified by the American Board for Certification in Orthotics and Prosthetics, Inc.

(12) “Buck Deer” means a male deer with at least one visible antler.

(13) “Buck Pronghorn” means a male pronghorn antelope with visible horns and a dark cheek patch below the ear.

(14) “Bull elk” for the purposes of a bag limit definition, means a male elk with at least one visible antler.

(15) "Calendar year" means from January 1 through December 31.

(16) "Carcass" is the skinned or unskinned body, with or without entrails, of a game bird or game mammal.

(17) "Closed season" is any time and place when it is not authorized to take a specific species, sex or size of wildlife.

(18) "Coast elk" means any live elk occurring in the Alsea, Applegate, Chetco, Melrose, Powers, Saddle Mountain, Scappoose, Siuslaw, Sixes, Stott Mountain, Tioga, Trask, Willamette, and Wilson units.

(19) “Commercial cervid attractant” means a marketed product that contains or is derived from cervid urine and is designed for use in luring, attracting or enticing a cervid.

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

(21) "Controlled hunt" is a season where the number or distribution of hunters is limited through a public drawing or other means.

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

(23) "Director" means the Oregon Fish and Wildlife Director.

(24) “Doe or fawn pronghorn” means a female pronghorn antelope without a dark cheek patch below the ear or a pronghorn fawn (young of the year) of either sex.

(25) “Domestic partner” means, as provided in section 3 of the Oregon Family Fairness Act of 2007 (ORS Chapter 106), “an individual who has, in person, joined into a civil contract with another individual of the same sex, provided that each individual is at least 18 years of age and is otherwise capable, and that at least one of the individuals is a resident of Oregon."

(26) "Eastern Oregon" means all counties east of the summit of the Cascade Range including all of Klamath and Hood River counties.

(27) "Eastern Oregon deer" means any live deer occurring east of the east boundaries of the Santiam, McKenzie, Dixon, Indigo and Rogue units.

(28) "Eligible Hunter" means someone who will be 12 years of age by the time they hunt.

(29) "Entry permit" means a permit issued by the Department to be in an area where entry is restricted.

(30) “Feral Swine” means animals of the genus Sus as defined by the Oregon Department of Agriculture in OAR 603-010-0055.

(31) “Fiscal year" means from July 1 through June 30.

(32) "Furbearers” are beaver, bobcat, fisher, marten, mink, muskrat, otter, raccoon, red fox, and gray fox.

(33) "Game Birds" are any waterfowl, snipe, band-tailed pigeon, mourning dove, pheasant, quail, partridge, grouse, or wild turkey.

(34) "Game mammals" are pronghorn antelope, black bear, cougar, deer, elk, moose, Rocky Mountain goat, bighorn sheep, and western gray squirrel.

(35) "General season" is any season open to the holder of a valid hunting license and appropriate game mammal tag without restriction as to the number of participants.

(36) "Hunter certification" means to have met educational, safety or other requirements designated by administrative rule for participation in a hunt.

(37) "Hunt" means to take or attempt to take any wildlife by means involving the use of a weapon or with the assistance of any mammal or bird.

(38) "Husbandry" means the care given animals directly by their owners and managers, including but not limited to:

(a) Nutrition;

(b) Breeding program;

(d) Environmental cleanliness; and

(e) Humane handling.

(39) "Immediate family" for the purpose of Landowner Preference, means a landowner's spouse, children, sons-in law, daughters-in-law, father, mother, brother, brothers-in law, sister, sisters-in-law, stepchildren, and grandchildren.; for all other purposes, it means spouse, domestic partner, children, father, mother, brother, sister, stepchildren, and grandchildren.

(40) "Inedible" means unfit for human consumption.

(41) “Juvenile hunting license" is a resident, nonresident hunting license or resident combination angling and hunting license for persons 9 to 17 years of age to hunt wildlife.

(42) "Landowner", as used in OAR chapter 635, division 075, means:

(a) A person who holds title in trust or in fee simple to 40 or more contiguous acres of land; provided however that a recorded deed or contract of ownership shall be on file in the county in which the land is located; and/or

(b) A corporation or Limited Liability Company (LLC) holding title in fee simple to 40 or more contiguous acres of land; provided however that the corporation or LLC shall be registered with the State of Oregon; and/or

(d) Persons who hold title as part of a time share are not eligible for landowner preference.

(43) "Low Income" means a person who is "economically disadvantaged" as defined in Section 4(8) of the Federal Job Training Partnership Act of 1982.

(44) “Motor Vehicle” or “Motor-Propelled Vehicle” is any land vehicle or device which has a motor, either permanently or temporarily affixed, is capable of either motor-assisted-propulsion or self-propulsion and is capable of transporting a person or persons or any material or cargo.

(45) "Mounted Wildlife" means any hide, head or whole body of wildlife prepared by a licensed taxidermist for display.

(46) “Muzzleloader” is any single-barreled (shotguns may be double barreled) long gun meant to be fired from the shoulder and loaded from the muzzle with open or peep sights.

(47) "On or within" means a straight line distance measured on a map.

(48) "Nonresident" means any person other than a resident.

(49) "One deer" means a buck, doe, or fawn deer.

(50) "One elk" means a bull, cow, or calf elk.

(51) “Outfitter and Guide Hunt” is an outdoor recreational activity in which the client is physically accompanied in the field by the registered Outfitter and Guide or the employee(s) of the registered Outfitter and Guide during the hunt.

(52) "Partner" means a person in an association of two or more persons formed to carry on as co-owners for profit.

(53) "Possession" means to have physical possession or to otherwise exercise dominion or control over any wildlife or parts thereof, and any person who counsels, aids or assists another person holding such wildlife is deemed equally in possession.

(54) "Postmark" means the date of mailing as stated in a mark applied by the U.S. Postal Service to a piece of mail. Office postal machine meter marks are not valid application deadline postmarks.

(55) "Predatory animal" means feral swine as defined by the State Department of Agriculture; or coyotes, rabbits, or rodents (except beaver), or birds (except game birds and birds that are protected wildlife) that are or may be destructive to agricultural crops, products or activities.

(56) "Protected wildlife" means "game mammals" as defined in OAR 635-045-0002(35) "game birds" as defined in 635-045-0002(34), "furbearers" as defined in 635-045-0002(33), "threatened and endangered species" as defined in 635-100-0125, and "nongame wildlife protected" as defined in 635-044-0430.

(57) "Pursue" means the act of trailing, tracking, or chasing wildlife in an attempt to locate, capture, catch, tree, or kill any game mammal, game bird, or furbearer.

(58) "Raw pelt" means any pelt that has not been processed or converted to any usable form beyond initial cleaning, stretching, and drying.

(59) "Resident" is any person who:

(a) Has physically resided in Oregon for not less than six consecutive months immediately prior to the date of making application for a license, tag, or permit.

(b) Members of the uniformed services of the United States who:

(A) Are permanently assigned to active duty in this state, and their spouse and dependent children.

(B) Reside in this state while assigned to duty at any base, station, shore establishment or other facility in this state.

(C) Reside in this state while serving as members of the crew of a ship that has an Oregon port or shore establishment as its home port or permanent station.

(d) Except for persons who qualify as resident in paragraph (b) and (c) above, a "Resident" does not include a person:

(A) Who merely owns real property or pays property taxes in this state; or

(B) Who claims resident privileges in another state or country for any purpose.

(60) "River" is that portion of a natural water body lying below the level of bankfull stage. Bankfull stage is the stage or elevation at which overflow of the natural banks of a stream or body of water begins to inundate the upland.

(61) "Rocky Mountain elk" is any live elk occurring east of the following described line: Beginning at the California line on Highway 97; north on Highway 97 to State Highway 26 at Madras; northwest on Highway 26 to east boundary of Santiam Unit; north along east boundary of Santiam Unit to the Columbia River.

(62) “Sabot” A carrier, bushing or device in which a projectile of a smaller caliber is centered so as to permit firing the projectile within a larger caliber weapon. Cloth, paper or felt patches used with round balls are not considered a sabot.

(63) "Shotgun" is a smoothbore firearm, designed for firing birdshot, and intended to be fired from the shoulder, with a barrel length of 18 inches or more, and with an overall length of 26 inches or more. Exception: Shotguns equipped with rifled slug barrels are considered shotguns when used for hunting pronghorn antelope, black bear, cougar, deer, or elk when centerfire rifles or shotguns are legal weapons.

(64) "Sight bait" is exposed flesh bait within 15 feet of any foothold trap set for carnivores.

(65) "Spike deer" is a deer with spike (unbranched) antlers.

(66) “Spike-only bull elk” means a bull elk with at least one visible unbranched antler (a brow tine is not considered an antler branch under spike-only regulations).

(67) "Stockholder" is a person who owns stock within a corporation as defined in OAR 635-045-0002(42)(b).

(68) "Tag" is a document authorizing the taking of a designated kind of mammal at a specified time and place.

(69) "Take" means to kill or obtain possession or control of any wildlife.

(70) “Three point plus elk” for the purposes of a bag limit definition, means a bull elk having 3 points or more on one antler including the brow tine.

(71) “Traditional Bow” is a long bow or recurve bow only, no compound bows are allowed during “traditional” bow/archery hunts.

(72) "Unbarbed broadhead" is a fixed position arrowhead where the rear edge of the blade(s) forms an angle with the arrow shaft to which it is attached of 90° or greater. Broadheads with moveable blades that fold/collapse when withdrawn are considered unbarbed.

(73) “Uniformed Services” means Army, Navy, Air Force, Marine Corps and Coast Guard, or their reserve components; the National Guard or Oregon National Guard, commissioned corps of the National Oceanic and Atmospheric Administration, and the Public Health Service of the United States Department of health and Human Services detailed with the Army or Navy.

(74) "Unprotected Mammals and Birds" are European starling, house sparrow, Eurasian collared-dove and any mammal species for which there are no closed seasons or bag limits.

(75) “Valid certification permit" is a permit for the current season that has not become invalid after taking a season limit or illegal game bird.

(76) "Veteran" means, for the purpose of participating in the Veterans and Active Military Personnel Waterfowl Hunting Day(s), a person who served in the active military, naval, or air service, (Army, Navy, Air Force, Marine Corps, and Coast Guard) and who was discharged or released therefrom under conditions other than dishonorable. (Section 101 of title 38, United States Code).

(77) “Visible Antler" means a velvet or hardened antler that is visible above the hairline on the skullcap and is capable of being shed.

(78) "Waste" means to allow any edible portion of any game mammal (except cougar) or game bird to be rendered unfit for human consumption, or to fail to retrieve edible portions, except internal organs, of such game mammals or game birds from the field. Entrails, including the heart and liver, are not considered edible. “Edible portion” of game mammals (except cougar) means the meat of the front quarters as far down as the knees (the distal joint of the radius-ulna), meat of the hindquarters as far down as the hocks (the distal joint of the tibia-fibula), and the meat along the backbone including the loins (back-strap), and tenderloins. For elk, it also includes the meat of the neck. “edible portions” of game birds means, at a minimum, the meat of the breast associated with the sternum.

(79) “Waterfowl” means ducks, geese, mergansers and coots.

(80) “Weapon" is any device used to take or attempt to take wildlife.

(81) "West Cascade elk" means any live elk occurring in the Santiam, McKenzie, Indigo, Dixon, Evans Creek, and Rouge units.

(82) “Western Oregon" means all counties west of the summit of the Cascade Range except Klamath and Hood River counties.

(83) "Western Oregon deer" is any live deer except the Columbian white-tailed deer occurring west of the east boundaries of the Santiam, McKenzie, Dixon, Indigo, and Rogue units.

(84) “Wildlife" means fish, wild birds, amphibians, reptiles, wild mammals, and feral swine.

(85) "Wildlife" means for the purposes of harassment to relieve damage described in OAR 635-043-0096 through 635-043-0115, game mammals, game birds except migratory birds protected by Federal law, furbearing mammals and wildlife declared protected by the commission.

(86) "Wildlife" means for the purposes of scientific taking described in OAR 635-043-0023 through 635-043-0045, wild birds, wild mammals, amphibians and reptiles, including nests, eggs, or young of same.

(87) “Wildlife” means, for the purposes of the Wildlife Diversity Plan described in OAR 635-100-0001 through 635-100-0194, fish, shellfish, amphibians, reptiles, feral swine, wild mammals, wild birds, and animals living intertidally on the bottom as defined by ORS 506.011.

(88) “Wildlife unit" is a geographic area described in OAR 635-080-0000 through 635-080-0077.

(89) “Youth” is any "Resident" of Oregon or Nonresident 12 through 17 years of age.

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

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 496.151, 497.002 & 497.127
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 496.151, 497.002 & 497.127
DFW 51-2024, amend filed 06/26/2024, effective 06/26/2024
DFW 37-2023, amend filed 05/01/2023, effective 05/01/2023
DFW 183-2021, amend filed 12/30/2021, effective 12/30/2021
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 103-2020, amend filed 08/13/2020, effective 08/13/2020
DFW 60-2020, temporary amend filed 05/19/2020, effective 05/19/2020 through 10/06/2020
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 16-2019, amend filed 02/04/2019, effective 02/04/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 20-2017, f. & cert. ef. 3-2-17
DFW 158-2015, f. & cert. ef. 11-25-15
DFW 63-2014, f. & cert. ef. 6-10-14
DFW 117-2013, f. & cert. ef. 10-10-13
DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13
DFW 103-2012, f. & cert. ef. 8-6-12
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 108-2009, f. & cert. ef. 9-8-09
DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09
DFW 52-2008, f. & cert. ef. 5-28-08
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 68-2007, f. & cert. ef. 8-14-07
DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07
DFW 142-2005, f. & cert. ef. 12-16-05
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
DFW 73-2001, f. & cert. ef. 8-15-01
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 30-2000, f. & cert. ef. 6-14-00
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 47-1999, f. & cert. ef. 6-16-99
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 53-1997, f. & cert. ef. 9-3-97
FWC 38-1997, f. & cert. ef. 6-17-97
FWC 50-1996, f. & cert. ef. 8-30-96
FWC 21-1996, f. & cert. ef. 5-1-96
FWC 63-1995, f. & cert. ef. 8-3-95
FWC 20-1995, f. & cert. ef. 3-6-95
FWC 6-1994, f. & cert. ef. 1-26-94
FWC 9-1993, f. & cert. ef. 2-8-93
FWC 57-1991, f. & cert. ef. 6-24-91
FWC 50-1991, f. & cert. ef. 5-13-91
FWC 33-1991, f. & cert. ef. 3-25-91
FWC 17-1991, f. & cert. ef. 3-12-91
FWC 22-1990, f. & cert. ef. 3-21-90
FWC 14-1990, f. & cert. ef. 2-2-90
FWC 104-1989, f. & cert. ef. 9-29-89
FWC 47-1989, f. & cert. ef. 7-25-89

Division 46 USE OF WILDLIFE IN COMPETITIVE HUNTING DOG TRIALS AND THE TRAINING OF HUNTING DOGS AND RAPTORS

Or. Admin. R. 635-046-0000 Purpose

The purpose of these rules is to implement the provisions of Oregon Revised Statute 496.012, 498.052, and 498.106. These rules provide conditions under which competitive hunting dog trials may be held and provide conditions for the use of wildlife during the training of hunting dogs and raptors. These rules do not apply to the use of inanimate training devices, nor to exempt animals such as rock pigeons, lawfully possessed dead birds, animal carcasses, or wildlife parts such as bird wings or animal skins. These rules do not authorize the training of hunting dogs or raptors at any time or in any place where the training of dogs or raptors or running of dogs is prohibited by the land owner or land management agency.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11

Or. Admin. R. 635-046-0040 Definitions

(1) “Approved Band” means a leg band purchased from the Department at a cost of $5.00 for 50 bands.

(2) “Competitive Hunting Dog Trial” (sometimes called a “field trial”, “water trial”, “hunt test” or “picnic trial”) means an event that:

(a) Is licensed, sanctioned, or sponsored by a sporting dog organization; and

(b) Involves more than one person in testing or exhibiting learned behavior in dogs related to hunting wildlife (including, but not limited to, tracking of scents, flushing, pointing, treeing, ground baying and retrieval).

(3) “Department” means the Oregon Department of Fish and Wildlife.

(4) “Exempt animals” means species listed in OAR 635-56-0020.

(5) “Falconry” is caring for and training raptors for pursuit of game, and the sport of hunting wild game with raptors.

(6) “Healed nasal scar” means a permanent deformity on the upper mandible of an upland game bird such as that caused by an anti-pecking device.

(7) “Healed toe mark” results from the clipping of the terminal joint, including the entire toenail, from the lateral (outside) toe of the right foot of an upland game bird chick.

(8) “Hunting Dog” means any dog that is used to aid an individual to pursue or hunt wildlife.

(9) “Hunting Dog Training” means the use of wildlife by an individual or individuals on any lands or waters in the state for the purpose of training to teach or reinforce learned behavior in dogs related to hunting of wildlife; activities which may include shooting, tracking of scents, flushing, pointing, treeing, ground baying, going to ground, and/or retrieval of wildlife.

(10) “Marked bird” for upland game birds means a domestically-raised upland game bird which displays one of the following: a healed toe mark, a healed nasal scar, or an approved band affixed to a leg; for mallards means a domestically-raised mallard which was marked in at least one of the methods approved by the U.S. Fish and Wildlife Service (50 CFR 21.13).

(11) “Pursue” for upland game birds means the act of locating, trailing, tracking, chasing, or flushing, but not taking, in an attempt to reinforce learned behavior in hunting dogs; for game mammals or furbearers means the act of trailing, tracking, or chasing in an attempt to locate, capture, catch, tree, or kill.

(12) “Raptor” means any species or hybrid of the families Strigidae, Falconidae and Accipitridae used for Falconry.

(13) “Raptor training” means the use of wildlife for the purpose of training of any species or hybrid of the families Strigidae, Falconidae and Accipitridae to hunt wildlife.

(14) “Release” means, for the purpose of competitive hunting dog trials or hunting dog or raptor training, permitting any domestically-raised game birds to exist alive outside of an enclosure that restricts its movements.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11

Or. Admin. R. 635-046-0045 General Regulations

(1) Releasing domestically-raised game birds or using wildlife during competitive hunting dog trials, and releasing domestically-raised game birds for hunting dog and raptor training, are only allowed under a permit from the Department.

(2) Wildlife that shows symptoms of sickness or injury, or that is dead from disease, must not be used in competitive hunting dog trials or the training of hunting dogs or raptors.

(3) Any person who takes or attempts to take wildlife, including domestically-raised game birds, during a competitive hunting dog trial or while training a hunting dog or raptor, must meet the hunting license and state bird validation (stamp) requirements contained in the Department’s current Oregon Game Bird, Big Game, and Furbearer Hunting/Trapping Regulations.

(4) Recall pens may be used on private lands to capture domestically-raised upland game birds which were released for a competitive hunting dog trial or hunting dog or raptor training, provided that, upon discovery, any unmarked game bird(s) (except bobwhite and Coturnix quail) or other wildlife caught incidentally must be released immediately.

(5) For the purposes of these rules, domestically-raised game birds that have been used for competitive hunting dog trials or hunting dog and raptor training are considered inedible. All dead animal carcasses from the trial and training activities must be removed from the field (ORS 164.785 and 164.805).

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11

Or. Admin. R. 635-046-0050 Use of Wildlife for Hunting Dog and Raptor Training

(1) Upland game birds, except sage grouse, sharp-tailed grouse, and spruce grouse, may be pursued to train hunting dogs from September through January, or as permitted by these rules.

(2) No person may release any domestically-raised game birds without first obtaining a “Game Bird Release Permit for Hunting Dog and Raptor Training” from the Department. With such a permit, the Department authorizes the permittee and his or her designees to release domestically-raised game birds for the sole purpose of training hunting dogs and raptors and to operate recall pens on private lands to recapture those same game birds.

(a) A designee(s) must possess a copy of the permittee’s permit or written authorization from the permittee to release domestically-raised game birds on his or her behalf.

(b) The permit is immediately valid upon completion of the application when signed by the permittee. A copy of the completed permit must be submitted to the Department as indicated on the permit.

(d) Permits are valid from date of issue through December 31.

(e) On Department owned or managed lands, the release of domestically-raised game birds for hunting dog or raptor training is prohibited except in designated dog training areas where release is specifically allowed by wildlife area rule, and, if required by the wildlife area, the individual has a special permit specific to that wildlife area for activities allowed under these rules.

(f) The following species are permitted for release under this permit: common pheasant (all races of Phasianus colchicus, most commonly ring-necked); California (valley), bobwhite and Coturnix quail; Hungarian (gray), chukar, and red-legged partridge; or mallards, provided such birds were lawfully acquired and, except for bobwhite and Coturnix quail, are marked birds.

(g) If at any time one or more people are training hunting dogs or raptors with domestically-raised game birds released under a valid Game Bird Release Permit for Hunting Dog and Raptor Training, the following items must be in the possession of at least one of those persons:

(i) At least one valid Game Bird Release Permit for Hunting Dog and Raptor Training.

(ii) A sales receipt from the propagator or a written note of origin containing the name and address of the person from whom the birds were acquired, which specifies the number and species of game birds which have been or are going to be released.

(iii) One or more hunting dogs or raptors.

(h) A holder of a Game Bird Release Permit for Hunting Dog and Raptor Training must annually report to the Department the number and species of game birds released by county.

(3) Domestically-raised game birds lawfully released under a valid Game Bird Release Permit for Hunting Dog and Raptor Training may be pursued or taken in any number by shooting or falconry for the sole purpose of training hunting dogs and raptors, provided that:

(a) At least one person participating in the training possesses a valid Game Bird Release Permit for Hunting Dog and Raptor Training.

(b) The birds are pursued or taken on the same day they are released. However, if the birds are pursued or taken by the same individual(s) as part of a multi-day training session, the birds must be pursued or taken within three consecutive days after the day of release. Bobwhite and Coturnix quail are not subject to the time constraints of this subsection.

(c) On Department owned or managed lands, the pursuit and take of domestically-raised game birds for hunting dog or raptor training may occur only in designated dog training areas where pursuit and take is specifically allowed by wildlife area rule, and, if required by the wildlife area, the individual has a special permit specific to that wildlife area for activities allowed under these rules.

(4) Carcasses of domestically-raised game birds which were lawfully released under a valid Game Bird Release Permit for Hunting Dog and Raptor Training and subsequently taken for hunting dog and raptor training may be possessed in any number by any person, provided that the person holds a valid Game Bird Release Permit for Hunting Dog and Raptor training or a written note from the permittee describing when, where, and for what purpose the birds were taken.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11

Or. Admin. R. 635-046-0055 Use of Wildlife for Competitive Hunting Dog Trials

(1) To hold a competitive hunting dog trial, a person must possess a “Competitive Hunting Dog Trial Permit” from the Department:

(a) If domestically-raised game birds are released.

(b) If wildlife is used outside the pursuit or hunting season for that species; or

(2) The applicant (sponsor of the competitive hunting dog trial) must apply for a Competitive Hunting Dog Trial Permit to the Department’s wildlife district where the trial will take place.

(a) The fee for a Competitive Hunting Dog Trial Permit is $28.00 (plus a $2.00 license agent fee).

(b) The application (available online) must be received by the Department at least ten business days prior to the start of a competitive trial via hand-delivery, U.S. Mail, electronic mail, or facsimile.

(c) The District Wildlife Biologist or his or her designee will respond to permit applications within 10 business days from the received date.

(3) To issue a Competitive Hunting Dog Trial Permit, the Department must determine that the proposed trial will not:

(a) Conflict to a significant degree with other authorized activities, including but not limited to land management actions, other permitted trials, or lawful hunting.

(b) Result in significant adverse impact to wildlife or wildlife habitat, taking into consideration location, land ownership, designation of site, size, and date of the proposed trial.

(4) The Department may approve, approve with conditions, or deny a permit application.

(a) If the Department denies the issuance a permit, the Department will provide the applicant with a written explanation and an opportunity to request a hearing to appeal that action.

(b) The applicant may appeal the Department’s decision by submitting a written request for a contested case hearing to the Department within 10 business days after mailing of the Department’s decision.

(5) If after issuance of a Competitive Hunting Dog Trial Permit any unforeseen or emergency circumstances necessitate a change to the permit, the Department will, to the maximum extent practicable, work with permittee to exhaust other options to maintain the trial.

(6) The following species may be released under a Competitive Hunting Dog Trial Permit: common pheasant (all races of Phasianus colchicus, most commonly ring-necked); California (valley), bobwhite, and Coturnix quail; Hungarian (gray), chukar, and red-legged partridge; or mallards, provided all domestically-raised game birds were lawfully acquired and any mallard used must be a marked bird.

(7) Domestically-raised game birds released under a valid Competitive Hunting Dog Trial Permit may be pursued or taken during the course of the permitted trial.

(8) Use of recall pens to recapture domestically-raised upland game birds released under a valid Competitive Hunting Dog Trial Permit is allowed on private lands only if all released game birds were marked (except bobwhite and Coturnix quail, or if there is an exception granted as a condition of the permit) and provided that the person operating the recall pen has the original or a copy of the permit.

(9) The carcasses of domestically-raised game birds which were lawfully released under a valid Competitive Hunting Dog Trial Permit and subsequently taken during the trial may be possessed in any number by any person, provided that the person holds a copy of the Competitive Hunting Dog Trial Permit or a written note from the permittee describing when, where, and for what purpose the birds were taken.

History

Statutory/Other Authority: SB 247 (2015), ORS 496.012, ORS 496.138, ORS 496.146, ORS 498.006 & ORS 498.106
Statutes/Other Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 498.006 & ORS 498.106
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11

Division 47 PRIVATE HUNTING PRESERVE RULES

Or. Admin. R. 635-047-0005 Time, Place, and Manner of Hunting Privately Owned Game Birds

(1) The time and length of season allowed any given hunting preserve shall be determined on the basis of potential conflict with wild populations, provided that no open season shall be allowed between April 1 and July 31 of any year.

(2) The manner of taking shall comply with Oregon Laws and be consistent with recognized standards.

History

Statutory/Other Authority: ORS 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.112, 496.138, 496.146 & 496.162
DFW 7-2002, f. & cert. ef. 1-17-02
GC 101, f. 7-9-59, Renumbered from 630-023-0005, 635-007-0005

Or. Admin. R. 635-047-0010 Requirements for Licenses

(1) Each hunting preserve shall contain not more than the following acreages in one continuous tract of land, owned or leased by the permittee:

(a) 640 acres if the preserve is located in the area west of the summit of the Cascade Mountains; or

(b) 1,280 acres if the preserve is located in the area east of the summit of the Cascade Mountains.

(2) An applicant for a hunting preserve license shall submit a statement from the appropriate local planning authorities concerning the preserve's compliance with the local comprehensive land use plan and other applicable land use laws.

(3) A person who owns a private hunting preserve that was licensed under ORS 497.248 on or before July 30, 2003 and that has not been submitted to the appropriate local governing body or its designee for land use approval may continue to operate the hunting preserve without local land use approval. The hunting preserve may include one sport clay station that existed on July 30, 2003, is used during the hunting season only for shooting practice in conjunction with hunting and is subordinate to the use of the land as a hunting preserve.

(4) The exterior boundaries of each hunting preserve shall be clearly defined and posted with signs erected around the extremity at intervals of 1,320 feet, or less. Signs shall be as prescribed by the department.

(a) The boundaries of a licensed hunting preserve shall be posted with legible signs that meet the following minimum specifications. All signs marking the perimeter of the hunting preserve boundary shall be maintained in legible condition and visible at all times.

(b) Size — Not less than 10" x 10".

(c) Lettering — "Private Hunting Preserve" in not less than 1-1/2" block letters at the top half of the sign, and including the following descriptive information in not less than 3/8" block letters:

"This sign marks the boundary of a ___ acre property that has been licensed by the Oregon Department of Fish and Wildlife under the provisions of ORS 497 to permit the hunting of privately owned game birds."

(5) There shall be at least one-half mile distance between licensed hunting preserves.

(6) No license will be granted for any hunting preserve, which at the time of initial application any portion of which is less than one-half mile distant from any state or federal park, wilderness area, refuge, or wildlife area operated by the state or federal government.

(7) Licensee shall not attempt to prevent public hunting on lands adjacent to a hunting preserve.

(8) The applicant shall have the facilities to propagate or hold not less than 500 of each of the game bird species to be released for shooting on the area.

(9) The department shall issue licenses only to hunting preserves available for use by the general public.

(a) Application for a hunting preserve license shall be made upon a form provided by the department. Each application shall include proof of ownership or lease and a map of the preserve and shall state the township, range and section(s) on which the preserve is located.

(b) Fees charged for shooting and other services rendered shall be stated by the applicant provided that the fees shall be the same for all persons.

(10) The license shall authorize the licensee to shoot, or permit to be shot, only certain legally propagated upland game birds that the department has determined may be hunted upon the property for which the license is issued. Other species of wildlife upon such property and marked birds outside its boundaries shall be subject to all protection provided by State wildlife laws and regulations.

(11) In the event that a permittee chooses to cease hunting preserve activities during the term of a hunting preserve license, the permittee shall so notify the department in writing.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248
Statutes/Other Implemented: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & .248
DFW 41-2016, f. & cert. ef. 4-27-16
GC 101, f. 7-9-59, Renumbered from 630-023-0010, Renumbered from 635-007-0010; FWC 115-1992, f. & cert. ef. 10-28-92; DFW 86-1999, f. & cert. ef. 11-1-99; DFW 7-2002, f. & cert. ef. 1-17-02; DFW 73-2003(Temp), f. & cert. ef. 7-30-03 thru 1-26-04; DFW 109-2003, f. & cert. ef. 11-13-03

Or. Admin. R. 635-047-0015 Species

(1) The species which may be released and hunted shall be listed on any application for a hunting preserve at the time of application. The applicant may request amendment of the species to be released and hunted at the time of license renewal.

(2) Game bird species that may be released and hunted on private hunting preserves are limited by this rule to those members of the family Phasianidae, commonly known as pheasants, quail, and partridge.

History

Statutory/Other Authority: ORS 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.112, 496.138, 496.146 & 496.162
DFW 7-2002, f. & cert. ef. 1-17-02
GC 101, f. 7-9-59, Renumbered from 630-023-0015, 635-007-0015
FWC 115-1992, f. & cert. ef. 10-28-92

Or. Admin. R. 635-047-0020 Care of Birds and Sanitary Requirements

(1) The facilities for holding not less than 500 of each species authorized shall be situated upon the hunting preserve or on any other property of the applicant.

(2) Operators may purchase birds from licensed game breeders but must indicate that intent upon the application.

(3) The operator shall provide a minimum holding space of 25 square feet for pheasants and mountain quail, 15 square feet for partridge, and 12 square feet for all other quail species per bird under wire, or a combination of covered pens and braille pens.

(4) The department has the right to inspect hunting preserve facilities by a delegated representative of the department or Oregon State Police at any reasonable time.

(5) Birds to be released must be in a healthy condition and not less than 10 weeks of age.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248
Statutes/Other Implemented: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & .248
DFW 7-2002, f. & cert. ef. 1-17-02
GC 101, f. 7-9-59, Renumbered from 630-023-0020, 635-007-0020
FWC 115-1992, f. & cert. ef. 10-28-92
DFW 86-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 635-047-0025 Marking of Birds

All privately owned game birds to be released must be premarked in a manner prescribed by the Department:

(1) All game birds reared for release upon hunting preserves shall be identified by a healed toe mark or be marked with a plastic poultry band or marked by a nasal scar. A nasal scar is a permanent deformity caused by an anti-pecking device. For a healed toe mark, the terminal joint, including the entire toenail, shall be clipped from the outside of the right foot of each chick.

(2) In the event that an operator acquires birds that have not been marked, they shall be banded prior to release by the operator with plastic poultry bands or other bands approved by the Department.

(3) Any wild game bird incidentally taken upon a hunting preserve at any time other than the general open season therefore shall be immediately marked with a wild bird seal that has been issued by the Department. The fee for such seals shall be $17.00 each. Any unused wild bird seals may be submitted for refund not later than 30 days after the close of business if a preserve discontinues operation.

(4) Operators shall pay for in advance and have on hand not less than 10 wild bird seals at all times.

(5) A wild bird seal shall be securely affixed to any wild bird taken outside the general season or any wild hen pheasant before it leaves the premises of the hunting preserve.

(6) A record of the date of issue and the names and address of persons receiving wild bird seals must be maintained by the operator and available to Department personnel or enforcement officers at all times.

History

Statutory/Other Authority: SB 247 (2015), ORS 496.012, ORS 496.138, ORS 496.570, ORS 497.102, ORS 497.156 & ORS 497.248
Statutes/Other Implemented: ORS 496.012, ORS 496.138, ORS 496.570, ORS 497.102, ORS 497.156 & .248
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 68-2007, f. & cert. ef. 8-14-07
DFW 21-2007, f. & cert. ef. 3-30-07
DFW 5-2007, f. & cert, ef, 1-18-07
DFW 66-2006(Temp), f. & cert. ef. 7-25-06 thru 1-15-07
DFW 7-2002, f. & cert. ef. 1-17-02
DFW 86-1999, f. & cert. ef. 11-1-99
FWC 115-1992, f. & cert. ef. 10-28-92
GC 101, f. 7-9-59, Renumbered from 630-023-0025, 635-007-0025

Or. Admin. R. 635-047-0030 Length of Season

The department shall determine the length of the season during which the hunting preserve shall operate, except that the shooting season on any preserve shall not be open between April 1 and July 31.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248
Statutes/Other Implemented: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & .248
DFW 7-2002, f. & cert. ef. 1-17-02
GC 101, f. 7-9-59, Renumbered from 630-023-0030, Renumbered from 635-007-0030; FWC 115-1992, f. & cert. ef. 10-28-92; DFW 86-1999, f. & cert. ef. 11-1-99

Or. Admin. R. 635-047-0032 Transportation of Killed Birds

Birds killed on a hunting preserve may be cleaned, wrapped, and packaged for transport. These birds shall be accompanied by a transportation form provided by the preserve operator stating preserve name, signature, address, and hunting license number of the hunter. In addition, species, number, sex (pheasants only) and harvest date of the birds being transported shall be included. Birds not cleaned, wrapped, and packaged shall be transported with a fully feathered head attached.

History

Statutory/Other Authority: ORS 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.112, 496.138, 496.146 & 496.162
DFW 7-2002, f. & cert. ef. 1-17-02

Or. Admin. R. 635-047-0035 Fees

(1) Fee for hunting preserve license shall be $230.00 (plus a $2.00 license agent fee) per year.

(2) Licenses issued under this rule shall be issued for a period of July 1 to June 30 of the following year.

History

Statutory/Other Authority: SB 247 (2015), ORS 496.112, ORS 496.138, ORS 496.146 & ORS 496.162
Statutes/Other Implemented: ORS 496.112, ORS 496.138, ORS 496.146 & ORS 496.162
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
GC 101, f. 7-9-59, Renumbered from 630-023-0035, Renumbered from 635-007-0035; FWC 115-1992, f. & cert. ef. 10-28-92; DFW 7-2002, f. & cert. ef. 1-17-02; DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10

Or. Admin. R. 635-047-0040 Records

(1) Each hunting preserve operator shall maintain a registration book listing names, addresses, and hunting license numbers of all shooters; the date on which they hunted; the amount of game and species taken, and the markings affixed to each carcass. An accurate record likewise must be maintained of the total number, by species, of game raised or purchased, and the date and number of all species released. These records shall be open to inspection by a delegated representative of the department or Oregon State Police at any reasonable time.

(2) A report of each year's operation and an annual renewal form shall be submitted to the department within 30 days after the close of the season. Report forms will be provided by the department.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248
Statutes/Other Implemented: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & .248
DFW 7-2002, f. & cert. ef. 1-17-02
DFW 86-1999, f. & cert. ef. 11-1-99
FWC 115-1992, f. & cert. ef. 10-28-92
GC 101, f. 7-9-59, Renumbered from 630-023-0040, 635-007-0040

Or. Admin. R. 635-047-0045 License Requirements of Hunters

(1) State hunting licenses shall be required of all persons hunting on hunting preserves. Residents shall be required to possess either a resident hunting license or an annual resident private hunting preserve permit. The resident private hunting preserve permit shall cost $4.50 (plus a $2.00 license agent fee) and is good for the entire hunting preserve season on any licensed hunting preserve. Nonresidents shall be required to possess a regular nonresident hunting license, or an annual nonresident private hunting preserve permit. The nonresident private hunting preserve permit shall cost $12.00 (plus a $2.00 license agent fee) and shall be good for the entire hunting preserve season on any licensed hunting preserve in the state.

(2) Operators may obtain special hunting preserve permits for reissue to their clients from the Department. Operators who are not authorized license agents of the Department shall pay in advance for the special $4.50 (plus a $2.00 license agent fee) resident and $12.00 (plus a $2.00 license agent fee) nonresident hunting preserve permits and maintain a record of all sales. Operators shall have on hand a minimum of not less than ten resident and not less than ten nonresident special preserve permits at all times. Operators may return unissued preserve permits for refund within 30 days of close of business in the event they discontinue operation.

History

Statutory/Other Authority: SB 247 (2015), ORS 496.012, ORS 496.138, ORS 496.570, ORS 497.102, ORS 497.156 & ORS 497.248
Statutes/Other Implemented: ORS 496.012, ORS 496.138, ORS 496.570, ORS 497.102, ORS 497.156 & .248
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
GC 101, f. 7-9-59, Renumbered from 630-023-0045, Renumbered from 635-007-0045; FWC 115-1992, f. & cert. ef. 10-28-92; DFW 86-1999, f. & cert. ef. 11-1-99; DFW 7-2002, f. & cert. ef. 1-17-02; DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10

Or. Admin. R. 635-047-0050 Revocation

(1) In addition to the penalties provided in ORS 496.992, the Department may revoke or refuse to renew a license for a hunting preserve if the operator fails to comply with any rule in relation to the operation of a private hunting preserve or with ORS 497.248.

(2) A new license may not be issued to a person whose license has been revoked unless it appears to the satisfaction of the Department that the person will comply with the rules for the operation of a hunting preserve and ORS 497.248.

(3) Notwithstanding subsection (1) of this section, the Department may not revoke a license for a first violation.

(4) Prior to revoking or refusing to renew a license, the Department shall serve written notice, in the manner prescribed for contested case proceedings pursuant to ORS 183.415, on the operator of the private hunting preserve, ordering the operator to:

(a) Notify the Department within 30 days of the service of the notice if the operator seeks a review of the proposed revocation or refusal to renew the license in the manner provided for contested case proceedings in ORS 183.413 to 183.470; and

(b) Set forth in any notification under paragraph (a) of this subsection the operator’s reasons why the license should be renewed or not be revoked.

(5) At the conclusion of a contested case proceeding conducted by the department pursuant to subsection (4) of this section, an operator may petition the Commission for a review of the determination by the Department.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248
Statutes/Other Implemented: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & .248
DFW 7-2002, f. & cert. ef. 1-17-02
DFW 86-1999, f. & cert. ef. 11-1-99
FWC 115-1992, f. & cert. ef. 10-28-92
GC 101, f. 7-9-59, Renumbered from 630-023-0050, 635-007-0050

Division 48 HUNTER/TRAPPER EDUCATION

Or. Admin. R. 635-048-0005 Hunter Education Certificate

(1) Anyone younger than 18 years of age shall have proof of hunter education in their possession when hunting on land other than their own property or that of their parent or legal guardian, except youth participating in the Mentored Youth Program. Proof of hunter education means a certificate or license that includes hunter education number.

(2) For people younger than 18 years of age, hunter education training must include both a classroom (physical or virtual) component and a field day.

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 497.360
DFW 155-2021, temporary amend filed 09/30/2021, effective 09/30/2021 through 03/28/2022
DFW 144-2020, temporary amend filed 10/28/2020, effective 10/28/2020 through 03/31/2021
DFW 51-2020, temporary amend filed 05/01/2020, effective 05/01/2020 through 10/27/2020
DFW 162-2014, f. & cert. ef. 12-10-14
3WC 6, f. 2-28-74, ef. 7-1-74, Renumbered from 630-040-0056, Renumbered from 635-025-0005; FWC 73-1986, f. & ef. 11-4-86; FWC 54-1997, f. & cert. ef. 9-3-97; DFW 131-2007, f. 12-20-07, cert. ef. 1-1-08

Or. Admin. R. 635-048-0010 Hunter Education Course Fee

A $10.00 application fee will be collected from students enrolled in a hunter education or bowhunter education course for materials and services furnished by the Hunter Education Program. This fee will be collected by the Department as part of the application to participate in the course, and used to provide stipends to instructors for materials or services authorized by the department and to defray the cost of equipment provided to instructors by the Department. In no instance shall the course application fee serve as a barrier to persons desiring to participate in the training course. The department may waive the application fee for students who cannot pay the class fee due to hardship.

History

Statutory/Other Authority: ORS 496.138 & 496.146
Statutes/Other Implemented: ORS 497.360
DFW 131-2007, f. 12-20-07, cert. ef. 1-1-08
3WC 6, f. 2-28-74, ef. 7-1-74, Renumbered from 630-040-0058, Renumbered from 635-025-0010; FWC 73-1986, f. & ef. 11-4-86; DFW 97-1998, f. & cert. ef. 12-9-98

Or. Admin. R. 635-048-0015 Hunter Education Instructor Qualifications

To be certified as an instructor, a candidate shall:

(1) Be at least 21 years of age.

(2) Have experience in the safe use of lawful hunting weapons.

(3) Not have been convicted of or have forfeited bail for a violation of any of the wildlife laws within five years of application.

(4) Not have been convicted of a felony.

(5) Not have been convicted of a misdemeanor involving the welfare, health, safety, or victimization of a minor including, but not limited to:

(a) Attempted Rape III — ORS 163.355;

(b) Attempted Sodomy III — ORS 163.385;

(d) Attempted Sex Abuse I — ORS 163.425;

(e) Contributing to the Sexual Delinquency of a Minor — ORS 163.435;

(f) Sexual Misconduct — ORS 163.445;

(g) Public Indecency — ORS 163.465;

(h) Attempted Using a Child in an Obscene Sexual Performance — ORS 163.483;

(i) Attempted Promoting an Obscene Sexual Performance by a Child — ORS 163.485;

(j) Endangering the Welfare of a Minor — ORS 163.575;

(k) Furnishing Obscene Materials to Minors — ORS 167.065;

(l) Exhibiting an Obscene Performance to a Minor — ORS 167.075;

(m) Attempted Promotion of Prostitution — ORS 167.012;

(n) Providing Liquor to a Person Under 21 — ORS 471.410;

(o) Delivery of Controlled Substance to a Minor — ORS 475.995.

(6) Pass an examination prescribed by the Department of Fish and Wildlife.

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
FWC 15-1987, f. & ef. 4-15-87
FWC 73-1986, f. & ef. 11-4-86
3WC 6, f. 2-28-74, cert. ef. 7-1-74, Renumbered from 630-040-0060, 635-025-0015

Or. Admin. R. 635-048-0020 Revocation of Instructor’s Certificate

An instructor’s certificate may be revoked by the Department if the holder:

(1) Has falsified the information requested on the application.

(2) Is convicted of or forfeits bail for a violation of any of the wildlife laws.

(3) Fails to conduct the training course in the prescribed manner.

(4) Fails, after two notices, to provide the Department with the required records of students trained and certificates of competency issued.

(5) Is convicted of a felony.

(6) Is convicted of a misdemeanor involving the welfare, health, safety, or victimization of a minor including, but not limited to:

(a) Attempted Rape III — ORS 163.355;

(b) Attempted Sodomy III — ORS 163.385;

(d) Attempted Sex Abuse I — ORS 163.425;

(e) Contributing to the Sexual Delinquency of a Minor — ORS 163.435;

(f) Sexual Misconduct — ORS 163.445;

(g) Public Indecency — ORS 163.465;

(h) Attempted Using a Child in an Obscene Sexual Performance — ORS 163.483;

(i) Attempted Promoting an Obscene Sexual Performance by a Child — ORS 163.485;

(j) Endangering the Welfare of a Minor — ORS 163.575;

(k) Furnishing Obscene Materials to Minors — ORS 167.065;

(l) Exhibiting an Obscene Performance to a Minor — ORS 167.075;

(m) Attempted Promotion of Prostitution — ORS 167.012;

(n) Providing Liquor to a Person Under 21 — ORS 471.410;

(o) Delivery of Controlled Substance to a Minor — ORS 475.995.

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
FWC 15-1987, f. & ef. 4-15-87
3WC 6, f. 2-28-74, ef. 7-1-74, Renumbered from 630-040-0062, Renumbered from 635-025-0020; FWC 73-1986, f. & ef. 11-4-86

Or. Admin. R. 635-048-0030 Issuing Duplicate Certificates of Course Completion

(1) Duplicate certificates of course completion shall be issued only through a field office or the Salem headquarters office of the Department. A permanent duplicate will be issued only when the student's registration card is on file. Duplicate Certificates are:

(a) Free of charge if the student is a minor; or

(b) A fee of $10.00 will be charged if the student is 18 yrs or older.

(2) A temporary duplicate (valid only through the end of that year) will be issued when a student's records are not on file, if the student provides an affidavit, signed by the student and a parent or guardian if the student is a minor, stating that the student has successfully completed the required course. Such students may obtain a permanent duplicate only by successfully repeating the required course.

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 497.360
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
3WC 6, f. 2-28-74, ef. 7-1-74, Renumbered from 630-040-0066, Renumbered from 635-025-0030; FWC 73-1986, f. & ef. 11-4-86; FWC 15-1987, f. & ef. 4-15-87; FWC 54-1997, f. & cert. ef. 9-3-97; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04; DFW 131-2007, f. 12-20-07, cert. ef. 1-1-08

Or. Admin. R. 635-048-0050 Trapper Education Course of Study

The course of study will include but is not limited to appropriate skills, knowledge and values relating to responsible trapping. The Department will supply study materials for the course.

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
FWC 15-1987, f. & ef. 4-15-87

Or. Admin. R. 635-048-0055 Trapper Examination

An examination covering the course material must be successfully completed in order to qualify for a trapping brand number. Testing will take place under he auspices of Department of Fish and Wildlife personnel and at prearranged locations.

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
FWC 15-1987, f. & ef. 4-15-87

Or. Admin. R. 635-048-0060 Trapper Certificate of Course Completion

Persons successfully completing the exam and submitting an appropriate application will be issued a trapping brand number. This number will serve as the person’s certificate of course completion.

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496 & 497
FWC 15-1987, f. & ef. 4-15-87

Or. Admin. R. 635-048-0080 Master Hunter Program

The department will administer a voluntary program for hunters which will include but is not limited to instruction on hunting ethics, wildlife management, firearms safety and landowner relations. The department may require completion of this program as a prerequisite for participating in certain controlled hunts. If a Master Hunter is convicted of, or pleads guilty to, a violation of the wildlife laws, the Department will suspend the person from the Master Hunter program for a period of five years.

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 497.360
DFW 146-2009, f. & cert. ef. 12-15-09
Reverted to FWC 54-1997, f. & cert. ef. 9-3-97
DFW 44-2009(Temp), f. 5-6-09, cert. ef. 5-7-09 thru 11-3-09
FWC 54-1997, f. & cert. ef. 9-3-97

Or. Admin. R. 635-048-0100 Bowhunter Education

The department will administer a voluntary Bowhunter Education program for hunters which will conform to the syllabus and requirements of the National Bowhunter Education Foundation Bowhunter Education Program which includes but is not limited to instruction on bowhunting ethics, wildlife management, bowhunting and treestand safety, and landowner relations. The department may require completion of this program as a prerequisite for participating in certain controlled hunts.

History

Statutory/Other Authority: ORS 496 & 497
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 497.360
FWC 54-1997, f. & cert. ef. 9-3-97

Division 49 PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES

Or. Admin. R. 635-049-0001 Policy

These rules govern holding and propagation of cervids in Oregon. Oregon’s wildlife policy (ORS 496.012) requires the Fish and Wildlife Commission to prevent “serious depletion of any indigenous wildlife species.” More specifically, ORS 497.228 requires the Commission to ensure that cervid propagation operations are conducted “in such manner as will not be harmful to existing wildlife populations.” Accordingly, these rules regulate the private holding and propagation of cervids to protect the public’s native wildlife. In particular, the Commission is concerned that unregulated holding of captive cervids would put the public’s native wildlife at risk in terms of genetic pollution and disease.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0005 Definitions

The following define terms used in these Division 049 cervid-holding rules:

(1) “Cervids” are animals of the family Cervidae (deer, elk, moose, reindeer, and caribou).

(2) A “captive cervid” is any live cervid held in a state of more than temporary confinement.

(3) “Department”, unless otherwise specified in these rules, means the Oregon Department of Fish and Wildlife.

(4) “Division Administrator” means the Wildlife Division Administrator of the Oregon Fish and Wildlife Department.

(5) “Director”, unless otherwise specified in these rules, means the Director of the Oregon Department of Fish and Wildlife.

(6) “Double-fenced” means two parallel lines of fence spaced no less than 10 feet apart.

(7) “Escape” is when a captive cervid leaves a holding facility and wanders freely without an intentional or negligent act by the holder.

(8) A “hybrid” is an animal produced by crossing the sperm or egg of an individual of one species or subspecies with the egg or sperm of an individual of any other species or subspecies.

(9) “Native cervids” are those endemic to Oregon (mule deer, black-tailed deer, white-tailed deer, Roosevelt elk, Rocky Mountain elk and moose).

(10) “Non-native cervids” are cervids other than native cervids.

(11) “Person” means any individual, partnership, corporation, limited liability company, trust, association or governmental entity.

(12) “Release” is when a holder intentionally or through negligence allows a captive cervid to leave a holding facility and wander freely.

(13) A “wild cervid” is a native cervid born in the wild.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0015 Basic Requirements

(1) Cervids may not be held except as authorized by a cervid license issued by the Department.

(a) To hold Rocky Mountain elk (Cervus elaphus nelsoni), Roosevelt elk (Cervus elaphus roosevelti), Sika deer (Cervus nippon), Muntjac deer (Muntiacus sp.), white-tailed deer (Odocoileus virginianus) or black-tailed deer (Odocoileus hemionus columbianus), a Type 1 license is required.

(b) To hold fallow deer (Dama dama) or reindeer (Rangifer tarandus), a Type 2 license is required.

(2) The following are exceptions to the cervid license requirements of subsection (1):

(a) A scientific take permit issued pursuant to OAR chapter 635, division 043 may authorize the holding of cervids for the purpose of scientific research;

(b) A wildlife rehabilitation permit issued pursuant to OAR dhapter 635, division 044 may authorize the temporary holding of wild cervids for the purpose of rehabilitation and return to the wild;

(c) Public agencies may hold cervids as necessary in the performance of their official duties. Temporary holding of cervids by public agencies is not subject to these division 049 rules. The Director may exempt a public agency’s permanent holding of cervids from any or all of these division 049 rules upon a finding that the operation would not tend to be harmful to existing wildlife populations and would significantly benefit the public.

(3) Hybridization of native cervids held in captivity is prohibited, except that:

(a) Hybrids of Rocky Mountain and Roosevelt elk may be held if specifically authorized in the license.

(b) Hybrids of native cervids and other native or non-native cervids may be held as part of a scientific effort if determined by the Director of the Department to be of overwhelming benefit to wildlife or wildlife habitat in Oregon and if specifically authorized as a condition of a license.

(4) No pairings between wild and captive cervids are allowed for the purpose of producing offspring unless specifically authorized as a license condition.

(5) If a licensed facility contains no cervids for more than 180 consecutive days, the license is deemed forfeited. Anyone whose license the Department proposes to forfeit may request a contested case hearing within 14 days of notice of the proposed decision.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0025 Import, Export, Transport Other than to Licensed Facilities

(1) It is unlawful to import live cervids. However, live fallow deer and/or reindeer that leave Oregon temporarily for educational or display purposes may return to Oregon upon obtaining any necessary Department of Agriculture permits, provided:

(a) The fallow deer and/or reindeer have had no contact with other cervids while outside Oregon; and

(b) The Department of Fish and Wildlife is notified each time before the fallow deer and/or reindeer re-enter Oregon.

(c) The Department of Fish and Wildlife is provided a schedule of off facility locations and dates before the fallow deer and/or reindeer are transported outside the facility.

(2) Cervid gametes or embryos may be imported into Oregon only under the following conditions:

(a) The person proposing to import provides the Department with documentation of the pedigree of the parents;

(b) The gametes or embryos are of the species or subspecies for which the recipient is licensed to hold; and

(3) Live cervids, gametes and embryos may be exported from Oregon, and cervid gametes and embryos may be imported into Oregon, only by a holder of an Oregon license valid for that species or subspecies, and provided that the licensee complies with all requirements of the Oregon Department of Agriculture governing transport, import and export in addition to provisions of OAR chapter 635 division 049.

(4) To the extent import or export of cervids, gametes or embryos is allowed by the above, any person proposing such import or export must obtain a permit from the Department of Fish and Wildlife in advance.

(5) Note the requirements of OAR 635-049-0265 governing transport of cervids.

(6) Effective January 1, 2009, it is unlawful for any person to export any bull elk that the person knows or should know will be used in a shooter bull operation. A “shooter bull operation” means a privately owned entity offering the hunting of bull elk for a fee or other remuneration within a fenced enclosure designed to prevent the elk’s escape into the wild.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 107-2011, f. & cert. ef. 8-4-11
DFW 62-2011, f. & cert. ef. 6-3-11
DFW 169-2010(Temp), f. 12-29-10, cert. ef. 1-1-11 thru 6-27-11
DFW 65-2009, f. & cert. ef. 6-10-09
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0035 Hunting of Privately Held Cervids Prohibited

It is unlawful to hunt, kill, or attempt to hunt or kill cervids held by a private party; however:

(1) Any person may slaughter such a cervid for meat or leather production;

(2) Any person may euthanize such a cervid for scientific, health, safety or other valid husbandry concerns; and

(3) The Department's Wildlife Division Administrator may authorize any person to hunt or kill a captive cervid if the Division Administrator determines it would be in the best interest of sound wildlife management. The Division Administrator may impose conditions on such authorizations.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0045 Release or Escape of Captive Cervids

(1) It is unlawful to release, or to negligently allow to escape, any captive cervids without first obtaining a permit from the Department pursuant to ORS 498.052, or unless operating under a rehabilitation or scientific take permit.

(2) Any cervids that have escaped or been illegally released from captivity are deemed a public nuisance.

(3) Captive cervids that have escaped or been illegally released from a holding facility are unprotected wildlife, and therefore may be killed by any person authorized under provisions of 635-049-0035(3).

(4) Any person holding cervids other than under a rehabilitation or scientific take license or permit must notify the Department immediately of any release or escape of cervids and must, at their own expense, recapture or destroy the cervids within 72 hours of discovering the release or escape. If they do not recapture or destroy the released or escaped cervids within 72 hours, the Department or its agent may capture or destroy such cervids. The Department may seek reimbursement from the holder for any expenses the State of Oregon incurs in recovering, maintaining or disposing of such cervids, plus any damage to the state's wildlife or wildlife habitat. In deciding whether to seek reimbursement, the Department will consider the nature, scope and environmental impact of the release or escape, as well as whether the holder acted promptly and in a cooperative manner to deal with the release or escape. If the Department demands reimbursement, the holder must reimburse the Department in full within 30 days of receipt of the written demand.

(5) Any person holding cervids must keep wild cervids out of enclosures holding at least one captive cervid. If a wild cervid enters an enclosure holding at least one captive cervid, the holder must notify the Department and remove the wild cervid as soon as practicable.

(6) Notwithstanding subsection (4), if the Division Administrator determines that released or escaped cervids present an imminent danger to wildlife, the Division Administrator may take whatever action deemed appropriate, including destruction of the released or escaped cervids. Similarly, if the Division Administrator determines that a holder has failed to remove a wild cervid from an enclosure holding at least one captive cervid as soon as practicable, the Department may remove the wild cervid.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0065 Disease Testing; Cervid Disease Surveillance List

(1) Any person holding cervids must, after discovery of the death of any captive cervid in their custody:

(a) Report the death to a Department veterinarian by telephone, electronic mail or fax within 24 hours, providing animal ID number, date, and cause of death; and

(b) Test the cervid per the requirements of the Cervid Disease Surveillance List (CDSL). Table 1 summarizes the current requirements of the CDSL. Paragraph (2) below addresses those requirements in detail. [Table not included. See ED. NOTE]

(2) The following apply to any tests required by the CDSL:

(a) Where, in consultation with the Oregon Department of Agriculture’s State Veterinarian, the Department determines that a captive cervid’s clinical signs or death suggests a high risk of disease, the Department may (in addition to any testing required by the CDSL) also subject the carcass to a necropsy by a state or federal veterinarian or veterinary pathologist or accredited veterinarian as directed by the Department at the Department’s expense.

(b) The CDSL testing requirements apply to any captive cervid dying of any cause at the age of six months or older. The holder is responsible for having the required tests performed, as per one of the following three options:

(A) The holder may choose to have the Department collect the samples;

(B) The holder may choose to have an accredited veterinarian collect the samples (so long as the veterinarian is not the holder or a member of the holder’s immediate family); or

(C) The holder may choose to make other arrangements to collect and submit samples for required testing. The holder is responsible for ensuring that the test results are immediately and directly reported to the Department’s veterinarian. If the holder chooses this option, the holder must submit all required tissues (obex, tonsilar, and medial retropharyngeal lymph nodes) to a testing facility accredited by the U.S. Department of Agriculture. The producer bears all collection and submission costs.

(c) The Department may waive the testing requirements of paragraph (1)(b) if the Department finds that the person was unable to complete testing due to one of the following circumstances:

(A) The animal was destroyed by fire (as verified in writing by a fire official with jurisdiction over the area where the fire occurred);

(B) The head was destroyed by a predator (as verified in writing by a Department biologist, an Oregon State Police Fish and Wildlife Division trooper or an employee of U.S. Department of Agriculture, Wildlife Services);

(C) The animal was stolen (as verified in writing by a law enforcement officer with jurisdiction over the area where the animal was stolen);

(D) The test sample was lost or destroyed while in the custody of a veterinarian, laboratory, the Department, Oregon Department of Agriculture or U.S. Department of Agriculture (as verified in writing by the responsible party);

(E) The test sample was damaged or destroyed during slaughter at a USDA certified facility during the culling process or removal of the head (as verified by a USDA inspector); or

(F) Any other circumstance where the Department determines that loss of the animal or sample was due to a circumstance that was reasonably outside the control of the person.

(3) An “unauthorized cervid” is one which was required to be listed in the holder’s annual report for the previous year but was not so listed, or is one of a species or subspecies (or a hybrid of a species) which is not authorized by the holder’s license. Upon a finding that an unauthorized cervid poses a risk to other captive cervids in a facility, the Department may also require testing of all cervids within the facility.

(4) If the Department determines that a captive cervid herd has been exposed to a disease on the Cervid Disease Surveillance List and that the exposure poses an imminent threat to wildlife, livestock or public health, the Department may take any appropriate action it determines necessary, including but not limited to confinement, testing or destruction of the affected captive cervids.

(5) If the Department determines that a licensed cervid holder has failed to comply with the testing requirements of this rule, and that such failure puts captive cervids or native wildlife at risk of disease or genetic harm, the Department may issue a hold order for any of the holder’s captive cervids. A hold order may prohibit captive cervids from being moved outside the facility, from entering designated portions of the facility, or from contact with other captive animals.

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

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 65-2009, f. & cert. ef. 6-10-09

Or. Admin. R. 635-049-0067 Voluntary Chronic Wasting Disease Monitored Herd Program

(1) Any licensed Type I cervid holder may enroll their herd in the CWD monitored herd program if the holder chooses to comply with the testing requirements of OAR 635-049-0065(1)–(2) by having the samples taken by a federally accredited veterinarian (other than the holder or a member of the holder’s immediate family). A federally accredited veterinarian is a veterinarian approved by the U.S. Department of Agriculture pursuant to 9 Code of Federal Regulations Part 161 (Jan. 1, 2007).

(2) New facilities enrolling in the program begin monitored status when the herd inventory is completed by either the Department or Oregon State Police. Once a herd is enrolled, the Department will, each year by the anniversary of the herd’s enrollment, assess the status of that herd’s CWD testing data for the previous year.

(a) If the herd has not yet completed its first year of the certification program, or otherwise fails to meet the testing requirements in OAR 635-049-0065(2)(b)(A), the Department will designate that herd as “CWD monitored, status unknown.”

(b) If the herd has been identified as CWD-affected, -exposed or -traced, the Department will designate that herd as “CWD monitored, status pending”. “Traced” means that a records check has traced a member of the herd to another herd which was affected by CWD.

(c) If the herd has at least one documented case of CWD as determined by the National Veterinary Services Lab at Ames, Iowa, the Department will designate that herd as “CWD positive.”

(d) If the herd has completed its first full year of the program, and its testing data has met all requirements of these rules and shows no CWD affect, exposure or tracing, the Department will designate that herd as “CWD monitored, no evidence of CWD”.

(3) Based upon the annual status assessment and designation, each year by the herd’s annual enrollment anniversary the Department will also assign a program completion level to each enrolled herd, based upon the number of years (I through V) the herd has been designated “CWD monitored, no evidence of CWD”. If the herd is designated “CWD positive” during any year, the herd’s program completion level reverts to year zero. A herd’s program completion level reverts one step for each year that:

(a) The herd is designated “CWD monitored, status unknown” due to failure to meet testing requirements or “CWD monitored, status pending,” or

(b) The Department determines that:

(A) An undocumented cervid was found in the holder’s facility;

(B) One of the holder’s test samples was collected by a non-accredited veterinarian;

(D) Captive cervids escape from the facility or wild cervids enter the facility due to the holder’s intentional act or negligence.

(4) If, pursuant to these rules, a herd fails to advance to the next status level for two consecutive years, the Department will designate it as “status unknown”.

(5) When a holder enrolled in the program adds a cervid to the holder’s herd, and the added cervid comes from a herd with a program completion level lower than the holder’s herd, the Department will reduce the program completion level of the holder’s herd to that of the source herd of the added cervid. When a holder assembles a new herd on premises where CWD has never been detected and all cervids come from enrolled herds, the new herd enters the program at the lowest program completion level of the cervids acquired.

(6) When a herd reaches program completion level V, the Department will list the herd as having completed the program. That listing remains valid so long as the herd continues to comply with the requirements of this rule and unless and until downgraded as per paragraphs (3) through (5). Once downgraded, a herd must successfully complete one year of monitoring at level IV before the holder can be relisted as having completed the program.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 65-2009, f. & cert. ef. 6-10-09

Or. Admin. R. 635-049-0069 Recaptured Cervids

Where a captive cervid has escaped from a licensed facility and been recaptured, the Department may, where the Department determines it necessary to guard against disease, require that the cervid be subjected to nonlethal disease testing.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 65-2009, f. & cert. ef. 6-10-09

Or. Admin. R. 635-049-0071 Obligation to Report Disease Incidents

Any cervid license holder with knowledge that a cervid in his or her licensed Type 1 facility has any of the diseases on the Cervid Disease Surveillance List (or has been exposed to any of those diseases) must promptly report that fact to the Department and the State Veterinarian:

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 65-2009, f. & cert. ef. 6-10-09

Or. Admin. R. 635-049-0073 Disease Testing and Genetic Requirements for Importation of Cervid Gametes and Embryos

(1) Before importing any cervid gamete or embryo into Oregon, a cervid holding licensee must submit for the Department’s review and approval a list of test results and genetic information from the donor cervid. To qualify for approval, the test results and genetic information must prove to the Department’s satisfaction that:

(a) No more than 30 days prior to submission, the donor cervid tested negative for brucellosis;

(b) No more than 90 days prior to submission, the donor cervid tested negative for bovine tuberculosis;

(d) The donor cervid is a species which the licensee is licensed to hold in Oregon.

(2) Notwithstanding paragraph (1) (a), a gamete or embryo qualifies for import if the cervid licensee proves to the Department’s satisfaction that the donor cervid:

(a) Originated in a herd classified by the U.S. Department of Agriculture (USDA) as Certified Brucellosis-Free; or

(b) Originated in a herd classified by USDA as Brucellosis Monitored, plus tested negative for brucellosis no more than 90 days prior to entry into Oregon.

(3) Notwithstanding paragraph (1) (b), a gamete or embryo qualifies for import if the cervid licensee proves to the Department’s satisfaction that the donor cervid:

(a) Originated in a herd classified by USDA as Bovine Tuberculosis Accredited; or

(b) Originated in a herd classified by USDA as Bovine Tuberculosis Qualified or Monitored, plus tested negative for tuberculosis no more than 90 days prior to entry into Oregon.

(4) “Has not been present in an area of CWD risk” means that the donor cervid has never:

(a) Been in a herd or facility that tested positive for CWD;

(b) Come in contact with a cervid that tested positive for CWD or a cervid that came from a herd or facility that tested positive for CWD; or

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 65-2009, f. & cert. ef. 6-10-09

Or. Admin. R. 635-049-0075 Genetic Requirements

Any person holding cervids must comply with the following genetics management requirements:

(1) The holder must inform the Department in advance of any in vitro fertilization or artificial insemination of captive cervids;

(2) Upon demand by the Department, the holder must verify that a cervid born from in vitro fertilization or artificial insemination is of a species or subspecies authorized by the holder’s license.

(3) The Department may, at its discretion and expense, subject any captive cervids to genetic analysis;

(4) If the Department determines that an unauthorized cervid exists at a cervid holding facility, the holder must have all cervids in the facility genetically tested as directed by the Department and at the holder’s expense. An “unauthorized cervid” is one which was not listed in the holder’s annual report for the previous year or one of a species or subspecies (or a hybrid of a species) which is not authorized by the holder’s license.

(5) If the Department determines that a holder is holding any unauthorized cervids, the holder must kill or otherwise legally dispose of those cervids within 30 days of the Department’s determination. The Department bears no liability for such a determination. “Otherwise legally dispose” means to legally export from Oregon or transfer to a licensed Oregon facility that is authorized to hold such cervids.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0085 Licenses Generally

(1) Cervid holding licenses must be renewed annually and are valid for as long as a licensee complies with all requirements of OAR chapter 635 division 049.

(2) Cervid holding licenses are specific to the holder and to the holding facility described in the license.

(3) When the Department issues or renews a license to a corporation, limited partnership or limited liability company or trust, the Department will require a joint and several personal guarantee from each shareholder, stockholder, limited partner, general partner, member, trustee, current beneficiary or other principal. The personal guarantee must address liability for costs as provided in OAR 635-049-0045.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0095 Decision Standard for Issuing a License

The decision standard for issuing a cervid license is whether the proposed cervid holding operation would tend to be harmful to wildlife populations then existing in the wild, especially native wildlife. Any person whose license application the Department proposes to deny may request a contested case hearing within 14 days of notice of the proposed decision.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0105 Decision Standard for Suspending, Revoking or Refusing to Renew a License

(1) The following are grounds for suspending, revoking or refusing to renew a license.

(a) That the licensee (or the licensee’s officer, director, shareholder, partner, member, manager or employee) was convicted or admitted violation of these rules or any other provision of the wildlife laws at the licensed facility or in connection with the licensed operation; or

(b) A finding by the Department that continued operation would tend to be harmful to wildlife populations then existing in the wild, especially native wildlife.

(2) Any person whose license the Department proposes to suspend, revoke or refuse to renew may request a contested case hearing within 14 days of notice of the proposed decision.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0115 Disposition of Cervids upon License Suspension, Revocation, Nonrenewal or Denial

(1) Within 90 days after any of the following events, any person holding cervids must dispose of the cervids:

(a) Suspension, revocation or expiration of the cervid license;

(b) Denial of an application for license; or

(2) “Dispose” means to do the following in compliance with these rules:

(a) Kill;

(b) Transfer to another licensed facility; or

(3) If the holder fails to dispose of any cervids by the deadline specified in paragraph (1), and if the Department determines that the cervids pose an imminent threat to wildlife, livestock, or public health requiring prompt action, the Department may kill, confine, transfer, or otherwise dispose of the cervids as it determines necessary. In all other circumstances, the Department may kill, transfer, confine or otherwise dispose of the cervids only after providing the holder with notice and an opportunity for hearing. The Department may choose to keep the cervids on the holder's property until an appropriate means of disposal is found or pending a hearing. The Department bears no liability for such actions. Any cervids held for disposal must be treated humanely in compliance with these rules.

(4) The holders of any cervids of which the Department disposes pursuant to paragraph (3) must compensate the State of Oregon for any and all expenses incurred by the State during disposition.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0125 Control of Disease Outbreaks

(1) Diseased captive cervids posing an imminent danger to public health, wildlife or livestock constitute a public nuisance.

(2) Upon a finding that an outbreak of communicable disease among captive cervids poses imminent danger to public health, wildlife or livestock requiring prompt action, the Department may order the holder to destroy, confine or transfer by a specified deadline any or all cervids they hold.

(3) If a holder fails to take the action ordered by the Department pursuant to paragraph (2), the Department or its agents may enter the holder’s facility and take the action. The holder is liable for any costs the State of Oregon so incurs. The Department bears no liability for such actions.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0135 General Requirements for Holding Cervids

NOTE: This section establishes general requirements applicable to all cervid holders. The sections governing Type 1 and Type 2 cervid licenses impose additional, more specific requirements concerning particular aspects of cervid holding

(1) A holder must treat captive cervids in a humane manner, and provide food and water in sufficient quantity and quality to maintain the cervids in a healthy condition. In addition, the holder must comply with ORS 167.310 through 167.340 inclusive (concerning humane treatment of animals) and any applicable requirements concerning water quality.

(2) A holder must maintain cervid holding facilities in a sanitary condition and provide adequate room for exercise.

(3) A holder must ensure that cervid holding facilities, including vegetation management and individual pasture and paddock size, allow daily, ground level observation of all cervids. “Ground level observation” does not necessarily require a single observation point. In addition to any applicable fencing standards under these rules, the following requirements apply:

(a) Maximum facility size is 300 contiguous acres, unless a facility plan has been approved by the Director as an exemption.

(b) A holder’s facility must prevent ingress of wild cervids into the facility and egress of captive cervids from the facility, plus maintain complete separation of captive and wild cervids at all times.

(4) Holders must ensure that facility enclosures include handling facilities adequate to gather and hold cervids safely and efficiently for inspection, testing or quarantine.

(5) Each license authorizes only one facility. Satellite facilities are not allowed.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0145 Sale or Exchange

(1) The sale or exchange of live cervids, cervid embryos and cervid gametes is prohibited, except that live cervids, embryos and gametes may be sold or exchanged if legally held under an Oregon cervid license and only if:

(a) Sold to others who are authorized to hold cervids legally outside the state of Oregon; or

(b) Sold to or exchanged with the holder of an Oregon cervid license valid for that species or subspecies.

(2) Purchase, sale or exchange of cervid parts is governed by OAR chapter 635, division 200.

(3) Note the requirements of OAR 635-049-0265 governing transport of cervids.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0165 Type 1 Cervid Licenses

(1) A Type 1 cervid license is required to hold Rocky Mountain elk, Roosevelt elk, Sika deer, Muntjac deer, white-tailed deer or black-tailed deer. No hybrid cervids are allowed except as authorized in OAR 635-049-0015(3).

(2) A Type 1 cervid license is valid as long as the licensee complies with all requirements of these rules, but must be renewed annually. The fee for a Cervid Propagation License -- Type 1 shall be $62.50 (plus a $2.00 license agent fee) annually.

(3) Type 1 cervid licenses are allocated as follows:

(a) The number of Type 1 cervid licenses for commercial or exhibition holding of Rocky Mountain elk, and/or Roosevelt elk and their hybrids is limited to 16. Commercial operations are those intending to sell elk or their parts or products. Exhibition operations are operations intending to display elk. These are the Type 1 commercial and exhibition licenses as of May 9, 2008:

(b) Licenses for commercial and exhibition holding are also subject to the following additional restrictions:

(A) New facilities for Type 1 cervid licenses for commercial or exhibition holding of Roosevelt elk must be located west of the crest of the Cascade Mountains.

(B) New facilities for Type 1 cervid licenses for commercial or exhibition holding of Rocky Mountain elk must be located east of the crest of the Cascade Mountains.

(C) No new Type 1 cervid licenses will be issued for commercial or exhibition holding of hybrids of Roosevelt elk and Rocky Mountain elk.

(c) Type 1 cervid licenses for commercial or exhibition holding of Sika deer, Muntjac deer, White-tailed deer or Black-tailed deer are limited to those issued on or before January 20, 1993.

(d) There is no limit on the number of licenses the Department may issue for holding Type 1 species for scientific research, education or conservation operations. Before a license can be issued for these purposes, the Director must first determine that the application is submitted by an individual or organization involved in a bona fide scientific research, education or conservation project and that the operation will result in an overwhelming benefit to wildlife or wildlife habitat in Oregon.

(4) Notwithstanding the above, if the Department chooses to place any cervid in its custody with a licensed facility, it may do so (with the licensee’s consent) regardless of whether that facility is licensed for that particular species.

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

History

Statutory/Other Authority: SB 247 (2015), ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.162, ORS 497.228, ORS 498.002, ORS 498.019, ORS 498.052 & ORS 174.106
Statutes/Other Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.162, ORS 497.228, ORS 498.002, ORS 498.019, ORS 498.052 & 174.106
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0175 Type 1 Cervid License Applications

(1) An applicant seeking a license for the first time must submit to Department headquarters the following information on a form provided by the Department:

(a) The species, subspecies and number of cervids to be held;

(b) Date of application;

(d) Whether the applicant is an individual, partnership, corporation, limited liability company or other legal entity. If a partnership, the application must provide the full names and addresses of the partners. If a corporation, the application must provide the full names and addresses of all officers, directors and stockholders. If a limited liability company, the application must provide the full names and addresses of all members and managers. If the applicant is structured as a tiered organization, the application must provide the full names and address of all of the partners; or officers, directors and stockholders; or members and managers of each constituent entity within the tiered organization;

(e) A diagram of the proposed facility and its relationship to local landforms (e.g., bodies of water, hills, roadways, etc.);

(f) A description of the applicant’s technical ability to successfully maintain and operate a cervid holding facility;

(g) Whether the applicant (or any of its partners, officers, directors, shareholders, members, managers or employees) has been convicted of a felony or misdemeanor or otherwise found or admitted to have committed any violation (criminal or civil) involving natural resources (wildlife, forestry, fisheries, environment); and

(h) A statement from the appropriate local planning authorities that the proposed facility complies with the local comprehensive land use plan and land use ordinances.

(2) These timelines govern the Department’s processing of a license application:

(a) Within 30 days of receiving an application, the Department must determine whether the application is complete or notify the applicant in writing of any deficiencies;

(b) Within 60 days of receiving a complete and accurate application, the Department must determine whether the applicant qualifies for a license and notify the applicant in writing of this decision.

(c) Upon qualification for a license, it is the applicant’s responsibility to request a facility inspection by the Department. This inspection must occur within 30 days of the applicant’s request and before cervids occupy the facility.

(d) Within 14 days after the inspection, the Department must inform the applicant in writing whether the facility passes inspection. If the Department determines that the facility does not pass inspection, it must inform the applicant of any deficiencies and allow the applicant 60 days to correct them.

(e) Within the 60-day period noted in paragraph (d), the applicant may ask the Department to reinspect the facility. The Department must reinspect within 30 days of such request. If the facility again fails to pass inspection, the application is deemed denied.

(f) Upon approving the facility, the Department will issue a license. Upon receipt of the license, the applicant may place cervids in the facility.

(3) The Department may grant a license only if it determines that:

(a) The operation will not tend to be harmful to wildlife populations existing outside the facility;

(b) The applicant has the technical ability to successfully operate and maintain a cervid facility;

(d) The proposed holding facility is adequate and complies with all legal requirements.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0185 Lottery for Elk Licenses Issued for Commercial or Exhibition Purposes

(1) If an elk holding facility license for commercial or exhibition purposes becomes available, the department may choose to allocate that license to a new applicant by lottery.

(2) To participate in the lottery, one must have qualified for a license as per OAR 635-049-0175(2)(b) and have paid a $100 nonrefundable application fee. The lottery drawing shall precede facility inspection.

(3) The department will conduct the lottery by drawing names of eligible entrants at random, then notifying the successful entrant in writing within 10 business days;

(4) If the lottery does not allocate all available licenses, the department will allocate remaining licenses to qualified applicants on a first-come, first-served basis.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0195 Type 1 Cervid License Renewal

To renew a type 1 license, a licensee must submit a renewal request to the Department by November 30. Such a request must be made on the licensing form identified in OAR 635-049-0175 and note any and all changes that have occurred since the last license application was approved. OAR 635-049-0105 governs the Department’s decision. A license will be deemed relinquished if a renewal application is not submitted by November 30. The license period is January 1 through December 31.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0205 Record Keeping Required for Type 1 Cervid License

Licensees must keep accurate, legible and up-to-date records of:

(1) all movement of cervids (including gametes and embryos) into or out of their facility. At minimum, these records must include all sales, purchases, loans (of cervids), trades, or other such transactions involving cervids, as well as any cervid births or deaths at the facility. Each record must refer to individual cervids by their unique mark and ear tag and list the names, addresses, and license or permit numbers of any individuals or entities involved in the transactions;

(2) Calving and fawning;

(3) Escape or release;

(4) Disease testing;

(5) Artificial insemination and embryo implants; and

(6) Each cervid’s pedigree.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 143-2008, f. & cert. ef. 11-24-08
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0225 Inspection of Facilities and Records — Type 1 Cervid License

(1) Each licensee must agree, as a condition of the license, to allow the Department, the Oregon Department of Agriculture, or the Oregon State Police to inspect any cervids, any records of the cervid holding operation and any facilities related to the holding operation. No advance notice is required, but in the absence of an emergency or other exigent circumstance such inspections will be limited to regular business hours (8 a.m. to 5 p.m.) seven days a week.

(2) Nothing in this rule authorizes the warrantless search of a residence.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0235 Reporting — Type 1 Cervid License

(1) Each licensee must:

(a) Within 30 days after the birth of any calf in its facility, report that birth to the Department; and

(b) By January 31 each year, submit to the Department an annual report for the previous year.

(2) A calving/fawning report must list all cervid calves/fawns born on the facility to date and the identifying marks applied to each new calf/fawn.

(3) An annual report must:

(a) Provide details of any and all changes in cervid inventory (deaths, births, slaughter, sale, purchase, transfer, etc).

(b) Provide details of any escape or release.

(d) Summarize results of any artificial fertilizations or embryo implants.

(4) A license shall be revoked if any required report is not submitted by the required date, or does not satisfy the reporting requirements set forth in this section.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 151-2008, f. 12-18-08, cert. ef. 1-1-09

Or. Admin. R. 635-049-0245 Fencing Requirements — Type 1 Cervid License

To prevent contact between captive and wild cervids and therefore protect wild cervids from disease and genetic risks, a cervid holding facility subject to a Type 1 license must meet the following requirements:

(1) For new or transferred licenses: The facility must be double-fenced with wire mesh along its entire exterior perimeter boundary.

(2) For each of the facilities licensed as of May 9, 2008:

(a) If, at any time, the Department determines that the facility contains or contained a diseased cervid, the facility must be double fenced with wire mesh along its entire exterior perimeter boundary. A “diseased cervid” means a cervid infected with a disease listed on the Cervid Disease Surveillance List or a disease determined by the Department to pose a population health threat to Oregon's wild cervids. The licensee must comply with these fencing requirements within 30 days after receipt of the Department’s determination or (if the captive cervid herd has been eliminated because of the disease) before placing new cervids in the facility.

(b) Until the Department determines that the facility contains or contained a diseased cervid, as provided in the foregoing paragraph (a), a facility must be at least single-fenced with wire mesh along the entire exterior perimeter boundary.

(3) Wire mesh fences must extend at least eight feet above ground level for their entire length. The bottom six feet must be woven wire mesh with 6-inch vertical spacing and graduated horizontal spacing from 3-inch at the bottom to 8-inch at the top; constructed with either hinge or knotted joints; and at least 12-1/2 gauge woven wire, 14-1/2 gauge high-tensile woven wire, or nonclimbable chain link. If more than one width of fencing material is used to attain the full eight feet in height, it must be overlapped one row and securely fastened at every other vertical row or woven together with cable. If supplemental wire is used to attain a height of eight feet, it may be smooth, barbed, or woven wire (at least 12-1/2 gauge) with strands spaced not more than six inches apart. Electric fencing may be used only to supplement the fencing requirements described above.

(4) Gates must be of a material that meets or exceeds the strength of the fence, and be equipped with two independent latching devices.

(5) At a minimum, fence posts must:

(a) Be either wood or metal. If wood, a corner post must be a minimum of 5 inches diameter at the small end and a line post must be a minimum of 4 inches at the small end. If metal, a post must be of"T" construction weighing at least 1.25 pounds per foot.

(b) Extend at least eight feet above ground level and at least two feet below ground surface;

(c) Be spaced no more than 16 feet apart. Wider spacing may be approved by the department for other posts and specific site conditions. Stays or supports must be placed between posts where necessary to maintain strength.

(d) Be braced at all corners with metal or wood of sufficient strength to keep captive cervids securely contained and to prevent wild cervids from entering.

(6) Where the facility includes a stream or other water body, the facility must provide cervid-proof swinging water gaps or stream crossings to prevent ingress and egress by cervids. Any such water gaps or crossings must be supported with steel cables and constructed to equal or exceed the standards of the fence.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0255 Cervid Marking — Type 1 Cervid License

(1) Each cervid held under a Type 1 license must be marked with:

(a) A permanent, uniquely numbered mark approved in advance by the Department; and

(b) One ear tag visible from 50 feet. Licensee’s records must match the ear tags number and color to the animal’s unique permanent mark. Any lost ear tag must be replaced as soon as possible, consistent with good animal husbandry practices.

(2) Licensees must register the marks and tags called for in (1) with the Department’s headquarters office within 30 days after application. Tags and marks must be used as follows:

(a) Placed on each cervid calf or fawn within 30 days after its birth;

(b) Present on each newly acquired cervid within 14 days after its acquisition; and

(3) In addition to the requirements imposed here, the licensee must also comply with any applicable Department of Agriculture marking and registration requirements.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 45-2009, f. & cert. ef. 5-6-09

Or. Admin. R. 635-049-0260 Cervid Propagation License — Type 2 Required

Individuals or organizations intending to possess live fallow deer or reindeer for propagation or sale shall obtain a Cervid Propagation License — Type 2. For the holding of fallow deer or reindeer only, a Cervid Propagation License — Type 2 may serve in lieu of a Cervid Propagation License — Type 1.

History

Statutory/Other Authority: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Statutes/Other Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
DFW 15-2000, f. & cert.ef. 3-31-00
FWC 9-1993, f. & cert. ef. 2-8-93

Or. Admin. R. 635-049-0265 Transport of Cervids Among Licensed Facilities

(1) Cervids held under license may not be transported outside their licensed facility except:

(a) From one Oregon licensed cervid facility to another under a permit issued by the Department. The permit will specify any conditions necessary to protect native wildlife and to ensure safe and humane treatment of the cervids being transported.

(b) While being legally exported from Oregon under a permit issued by the Department, a certificate of veterinary inspection and any import permit or license required by the receiving state.

(c) Elk (legally captured from the wild in Oregon or bred from elk legally captured from the wild in Oregon) to and from an exhibition within Oregon under a permit issued by the Department, on the condition that the elk has no contact with, and will not be held in an area frequented by, any other cervid.

(d) As allowed by OAR 635-049-0025(1)(a), (b) and (c) for fallow deer and/or reindeer.

(e) To a slaughtering facility.

(2) To obtain a permit, the holder must apply using a form provided by the Department and provide all requested details concerning the proposed transport.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 62-2011, f. & cert. ef. 6-3-11
DFW 169-2010(Temp), f. 12-29-10, cert. ef. 1-1-11 thru 6-27-11
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0270 Application for Cervid Propagation License — Type 2

(1) Person desiring to hold or propagate live fallow deer or reindeer must first secure a Cervid Propagation License -- Type 2 by applying to the Department's headquarters office.

(a) The application shall list the:

(A) Cervid species and numbers to be held;

(B) Date of application;

(D) Name, address, and signature of the applicant.

(b) Provided review of the application indicates the proposed operation meets the requirements of OAR chapter 635, division 049, the Department will notify the applicant of preliminary approval and the need for a facility inspection.

(2) The fee for a Cervid Propagation License -- Type 2 shall be $62.50 (plus a $2.00 license agent fee) annually.

History

Statutory/Other Authority: ORS 496.004, ORS 496.012, ORS 496.138, ORS 497.228, ORS 497.308, ORS 498.002, ORS 498.052 & SB 247 (2015)
Statutes/Other Implemented: ORS 496.004, ORS 496.012, ORS 496.138, ORS 497.228, ORS 497.308, ORS 498.002 & ORS 498.052
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 15-2000, f. & cert.ef. 3-31-00
FWC 9-1993, f. & cert. ef. 2-8-93

Or. Admin. R. 635-049-0275 Requesting Changes to a License

(1) Change in the address (not location) of a licensed facility requires 21 days advance written notice to the Department, but does not require approval.

(2) Any proposed change in the species or subspecies held requires a new license application and Department approval.

(3) Any proposed change in the ownership or location of a licensee or a licensed facility requires a new license application and Department approval.

Exception: Upon request, the Department may transfer a license held by an individual to a member of the individual’s immediate family if there is no change in facility location. When the license holder is a business entity, “change in ownership” occurs when there is any change in stockholders, shareholders, partners or principals.

(4) Any transfer, or series of transfers, for any reason, that results in change of ownership of more than 25 percent of the shares of stock in a corporation, or partnership interests in a general or limited partnership, or membership interests in a limited liability company, or beneficial interest in a trust, to which a cervid holding license was issued under this Division, constitutes an attempt to transfer the license. In this event, the cervid holding license must be revoked, unless, within 60 days of such transfer, the entity holding the license reapplies under OAR 635-049-0175, and the Department grants a new license.

(5) If the Department proposes to reject a change to a license, the licensee may request a contested case hearing within 14 days after mailing of the decision.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0280 Inspection of Cervid Propagation License — Type 2 Facilities and Records

Applicants shall mail the “request for inspection” form to the department office designated in their application approval notification letter and arrange for inspection of their facilities. If the department has made the determinations required by OAR 635-049-0270(1), a license may be issued upon department inspection and approval of the facilities.

(1) No animals may be held until receipt of the license. The license is an annual permit, valid from January 1 through December 31.

(2) In the first year of issuance, the license shall be valid from the date of issuance through December 31.

(3) Persons holding cervids under a Cervid Propagation License — Type 2 agree, as a condition of the license, to allow employees of the department, the Oregon Department of Agriculture, or the Oregon State Police to inspect at reasonable times all facilities, records, animals, and other such property related to the licensed operation. Inspection of the animals and the facilities related to animal husbandry may take place without warrant or notice, but, unless prompted by emergency or other exigent circumstances, shall be limited to regular and usual business hours, including weekends. Nothing in these rules is intended to authorize or allow the warrantless search or inspection of a licensee’s residence.

(4) Cervid license holders also agree, as a condition of the license, to provide all records related to the animals, facilities or other property related to the cervid operation upon request. Failure to provide such information shall be a basis for revoking, suspending or refusing to renew a license, as provided in OAR 635-049-0120.

History

Statutory/Other Authority: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Statutes/Other Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
DFW 15-2000, f. & cert.ef. 3-31-00
FWC 64-1995, f. & cert. ef. 8-3-95
FWC 12-1995, f. & cert. ef. 2-15-95
FWC 9-1993, f. & cert. ef. 2-8-93

Or. Admin. R. 635-049-0285 Decommissioning

(1) If a license is suspended, revoked or relinquished, or if any cervid herd is eliminated, the holder must maintain fences necessary to prevent ingress by wild cervids to areas once inhabited by captive cervids. The purpose of this requirement is to ensure that wild cervids do not access a site potentially contaminated with disease.

(2) A holder may ask the Department to lift the fencing requirement imposed by paragraph (1). Upon its determination that the site is not contaminated with a disease posing a threat to wildlife, the Department may rescind the fencing requirement and allow the site to be made accessible to wild cervids.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106
DFW 52-2008, f. & cert. ef. 5-28-08

Or. Admin. R. 635-049-0290 Fencing Standards for Cervid Propagation License — Type 2

All cervid propagation facility fences must be built and maintained in such manner as to make every reasonable effort to avoid escape by captive cervids.

(1) Conventional perimeter fences must be, at a minimum, six feet above ground level for their entire length. The bottom four feet must be woven wire mesh with 6-inch vertical spacing and graduated horizontal spacing from 3-inch at the bottom to 8-inch at the top; constructed with either hinge or knotted joints; and at least 12-1/2 gauge woven wire, 12-1/2 gauge high-tensile woven wire, or nonclimbable chain link. If woven wire is used to attain the full six feet in height by overlapping, it must be overlapped one row and securely fastened at every other vertical row or woven together with cable. If supplemental wire is used to attain a height of six feet, it may be smooth, barbed, or woven wire (at least 12-1/2 gauge) with strands spaced not more than six inches apart.

(2) Electric fencing materials may be used on perimeter fences only to supplement conventional fencing materials.

(3) All gates in the perimeter fence must be constructed of a material that will meet or exceed the strength of the fence, and must be equipped with two latching devices.

(4) Posts used in the perimeter fence must be:

(a) Of material of sufficient strength to keep captive wildlife securely contained. Wooden corner posts shall be a minimum of five inches in diameter at the small end and line posts must be a wooden post with a minimum of four inches in diameter on the small end, or a metal “T” post weighing at least 1.25 pounds per foot;

(b) Extended at least six feet above ground level and at least two feet below ground surface;

(c) Spaced no more than 10 to 15 feet apart on medium tensile woven wire, 15 to 20 feet on high tensile woven wire, and 10 feet apart on metal “T” posts. If conditions warrant, stays or supports between posts may be required; and

(d) Braced with wood or with suitable metal material properly set at all corners.

(5) Cervid-proof swinging water gaps and stream crossings supported with steel cables and constructed to equal or exceed the standards of the fence are required. These crossings are subject to individual approval by department inspection. If, in the judgment of the department inspector, the crossings are inadequate to prevent ingress and egress during high water, the facility shall not pass inspection, and no cervids shall be held therein.

(6) Existing Facilities: Any deviation from these standards must first be submitted in writing to the department and approved by the director. This does not apply to repairs of existing facilities as long as the repairs maintain existing standards.

(7) New Facilities or Expansion of Existing Facilities: Approval of deviations from these standards must be granted by the director prior to construction. The facility shall not be occupied without prior department inspection or approval.

History

Statutory/Other Authority: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Statutes/Other Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
DFW 15-2000, f. & cert.ef. 3-31-00
FWC 9-1993, f. & cert. ef. 2-8-93

Or. Admin. R. 635-049-0300 Animal Marking Required for Cervid Propagation License — Type 2

Persons holding fallow deer and reindeer under a Cervid Propagation License — Type 2 must register with the Oregon Department of Agriculture an individual brand, ear notch, approved combination of permanent ear tags, or other approved mark.

(1) This mark must be unique to the operation and must be clearly visible and identifiable at a distance of 50 feet from the marked animals. All cervids held must be clearly identified with this approved mark unless exempted by the director.

(2) Marking registration must include the facility location, species held, name and address of the person holding the license, and emergency telephone number(s) and contacts to be made should the animals be found in the wild.

(3) A copy of this registration shall be submitted to the department’s headquarters office upon issuance by the Oregon Department of Agriculture. Any change in required information must be reported immediately to both agencies.

(4) The approved mark must be placed on the animals within 365 days of birth, or 14 days of purchase if the unique mark is not present on the animal when purchased.

History

Statutory/Other Authority: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Statutes/Other Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
DFW 15-2000, f. & cert.ef. 3-31-00
FWC 9-1993, f. & cert. ef. 2-8-93

Or. Admin. R. 635-049-0310 Record Keeping and Reporting Required for Cervid Propagation License — Type 2

(1) Persons holding any fallow deer and reindeer under a Cervid Propagation License must keep accurate and up-to-date records of all transactions involving movement of any animal on or off of the facility. These records must include all sales, purchases, loans, trades, or other transactions that involve movement into or out of the approved facility, and must include any births or deaths at the facility. These records must be up to date, legible, and accurate; record all animal movements; and list the names, addresses, and license or permit numbers of any individuals or organizations involved in the transactions.

(2) These records shall be open to inspection upon request by any department, Oregon Department of Agriculture, or Oregon State Police employee.

(3) Applications for annual renewal of a Cervid Propagation License — Type 2 must include a complete annual record of all transactions involving movement of animals off of or on to the approved facility, and of any births or deaths on the facility.

History

Statutory/Other Authority: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Statutes/Other Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
DFW 15-2000, f. & cert.ef. 3-31-00
FWC 9-1993, f. & cert. ef. 2-8-93

Or. Admin. R. 635-049-0320 Cervid Propagation License — Type 2 Renewal

(1) Persons holding a Cervid Propagation License — Type 2 must apply for renewal by November 1 each year and must have maintained compliance with all rules and regulations pertaining to their activities.

(2) Failure to apply for renewal by November 1 shall render their permit void as of the following January 1.

(3) Notice of the need to renew shall be sent to all license holders by registered mail to the last address of record for the license holder on September 1 each year. Reminder postcards will be sent by regular mail to license holders who do not renew by September 30 each year.

History

Statutory/Other Authority: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Statutes/Other Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
DFW 15-2000, f. & cert.ef. 3-31-00
FWC 9-1993, f. & cert. ef. 2-8-93

Or. Admin. R. 635-049-0350 Changes in Ownership of a Cervid Propagation Facility — Type 2

(1) The new owner or operator shall apply for a new Cervid Propagation License — Type 2 when a change is proposed in the controlling interest or ownership of a Cervid Propagation License — Type 2 for fallow deer or reindeer. The department must be provided with the following information:

(a) The location of the facility and the number and species of cervids in the facility at the time of application;

(b) The name and address of the individual or entity proposed as the principle operator of the facility;

(c) The financial and technical capability of the proposed operator to successfully construct or operate the propagation facility;

(d) Any proposed changes in the operation or in the number or species of cervids held; and

(2) The department may deny any license if it finds the issuance of the license would tend to be harmful to existing wildlife populations pursuant to ORS 497.228.

History

Statutory/Other Authority: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Statutes/Other Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
DFW 15-2000, f. & cert.ef. 3-31-00
FWC 9-1993, f. & cert. ef. 2-8-93

Division 50 FURBEARING AND UNPROTECTED MAMMAL REGULATIONS

Or. Admin. R. 635-050-0015 Purpose

The purpose of these rules is to establish season dates, bag limits and manner of harvest of furbearing and unprotected mammals pursuant to ORS Chapters 496, 497 and 498.

History

Statutory/Other Authority: ORS 496, ORS 497 & ORS 498
Statutes/Other Implemented: ORS 496, ORS 497 & ORS 498
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
FWC 70-1990, f. & cert. ef. 7-25-90
FWC 79-1988, f. & cert. ef. 9-2-88

Or. Admin. R. 635-050-0045 General Regulations

(1) The appropriate furtaker’s license or hunting license for furbearers must be in possession to hunt, trap, and/or salvage furbearers.

(2) Any person possessing a valid furtaker's license or hunting license for furbearers is required to fill out and submit a completed harvest report to the Department online, by fax to (503)-947-6117, or by mail at 4034 Fairview Industrial Drive SE, Salem, OR 97302. The form shall be submitted online, received by fax, or postmarked by April 15, 2027 for the 2026-2027 seasons and April 15, 2028 for the 2027-2028 seasons. Failure to do so shall deny the license holder the opportunity to purchase a hunting license for furbearers or furtaker’s license for the following furbearer season, unless the non-compliant licensee pays a fee of $50.00 and completes and returns the harvest report form prior to the requested license being issued.

(a) The required harvest report shall include specific information on each beaver taken during the beaver harvest season to include:

(A) Location of harvest

(i) Delineated watershed as selected from harvest survey materials (e.g., HUC8)

(ii) Land ownership (e.g., state, federal, or private)

(B) Reason for harvest (e.g., was beaver harvest on private land at the request of the landowner for reasons of damage)

(C) Water feature where trap was set (e.g., bank of river/stream, bank of lake/pond, or bank of agricultural channel/field)

(b) Any take of beaver outside of the harvest season on privately owned forestland as defined by ORS 527.620 must be reported to the local Department office through the wildlife damage complaint system and should not be included in a furtaker harvest report. (Pursuant to ORS 527.620(7), “forestland” is defined as land that is used for the growing and harvesting of forest tree species, regardless of how the land is zoned or taxed or how any state or local statutes, ordinances, rules or regulations are applied.)

(3) Any person may sell or exchange the hide, carcass, or any part thereof, of any legally taken furbearing or unprotected mammal, except that a licensed furtaker, who is not the landowner or an agent of the landowner addressing damage, that traps a beaver on privately owned forestland other than “small forestland” as defined in Senate Bill 1501 (2022) may not sell or exchange the pelt of the beaver. (Pursuant to SB 1501 (2022), “small forestland” means forestland (as defined by ORS 527.620) whose owner owns or holds common ownership interest in less than 5,000 acres of forestland in this state.)

(4) All traps and snares, whether set for furbearing or other unprotected mammals, shall be legibly marked or branded with the owner's license (brand) number that has been assigned by the Department; except that unmarked traps or snares may be set for nongame mammals unprotected by law or Department regulations by any person or member of their immediate family upon land of which they are the lawful owner. A landowner is required to register the location of such land with the Department and shall possess each year a free landowner's license before hunting or trapping furbearing mammals.

(5) No branded trap or snare may be sold unless accompanied by a uniform bill of sale.

(6) Bobcat, raccoon and opossum may be hunted with the aid of an artificial light provided the light is not cast from or attached to a motor vehicle or boat.

(7) An artificial light may be used to provide light to aid in the dispatch of animals legally restrained in a trap or snare.

(8) Use of dogs is permitted to hunt or pursue bobcat, raccoon, fox, and unprotected mammals.

(9) It is unlawful for any person to trap for furbearers, predatory animals or unprotected mammals using:

(a) A steel foothold trap with a jaw spread greater than 9 inches.

(b) A foothold trap with an inside jaw spread at dog greater than 6” not having a jaw spacing of at least 3/16 of one inch when the trap is sprung (measurement excludes pads on padded jaw traps) and when the trap is placed in a manner that is not capable of drowning a trapped animal.

(d) Any killing trap having a jaw spread of 7.5 inches or more in any land set except when authorized by the Oregon Department of Fish and Wildlife.

(e) Any toothed trap, or trap with a protuberance on the facing edge of the jaws that is intended to hold the animal (except pads on padded jaw traps).

(f) Possessing the branded traps or snares of another unless in possession of written permission from the person to whom the brand is registered.

(g) Sight bait within 15 feet of any foothold trap set for carnivores.

(10) Except for persons authorized to enforce the wildlife laws, it is unlawful to disturb or remove the traps or snares of any licensed trapper while they are trapping on public lands or on land where they have permission to trap.

(11) All traps or snares set or used for the taking of furbearing or unprotected mammals shall be inspected at least every 48 hours and all trapped animals removed. This regulation does not apply to the taking of predatory animals.

(12) Any person setting a trap for predatory animals, as defined in ORS 610.002, must check the trap as follows:

(a) For killing traps and snares, at least once every 14 days and remove all animals;

(b) For restraining traps and snares, at least once every 48 hours and remove all animals.

(13) Any person(s) acting as an agent for a landowner or lawful occupant of land shall have in their possession written authority from the landowner or lawful occupant of the land. Such written authority shall contain at least all of the following:

(a) The date of issuance of the authorization;

(b) The name, address, telephone number and signature of the person granting the authorization;

(d) The expiration date of the authorization, which shall be not later than one year from the date of issuance of the authorization.

(14) When any furbearer or raw furbearer pelt is transferred to the possession of another person, a written record indicating the name and address of the person from whom the raw pelt was obtained shall accompany such transfer and remain with same so long as preserved in raw pelt form.

(15) It is unlawful for any person to damage or destroy any muskrat house at any time except where such muskrat house is an obstruction to a private or public ditch or watercourse.

(16) It is unlawful to waste the pelt of any furbearer except when authorized by the Oregon Department of Fish and Wildlife.

(17) It is unlawful for any person to use traps or snares suspended in trees in the Siuslaw National Forest and the Rogue River-Siskiyou National Forest west of Interstate 5.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 498.042 & 498.172
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.042 & 498.172
DFW 63-2026, amend filed 06/30/2026, effective 07/01/2026
DFW 51-2024, amend filed 06/26/2024, effective 06/26/2024
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 71-2020, amend filed 06/17/2020, effective 06/17/2020
DFW 176-2019, amend filed 12/12/2019, effective 12/12/2019
DFW 145-2019, temporary amend filed 09/26/2019, effective 09/26/2019 through 03/23/2020
DFW 75-2018, amend filed 06/20/2018, effective 06/20/2018
DFW 122-2017, amend filed 09/21/2017, effective 09/21/2017
Reverted to DFW 151-2014, f. & cert. ef. 10-17-14
DFW 21-2017(Temp), f. & cert. ef. 3-9-17 thru 9-4-17
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 56-2012, f. & cert. ef. 6-11-12
DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11
DFW 127-2010, f. & cert. ef. 9-10-10
DFW 82-2010, f. & cert. ef. 6-15-10
DFW 83-2008, f. & cert. ef. 7-25-08
DFW 60-2006, f. & cert. ef. 7-12-06
DFW 67-2004, f. & cert. ef. 7-13-04
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
DFW 9-2004, f. & cert. ef. 2-11-04
DFW 73-2002, f. & cert. ef. 7-16-02
DFW 39-2000, f. & cert. ef. 7-25-00
DFW 62-1998, f. & cert. ef. 8-10-98
FWC 43-1996, f. & cert. ef. 8-12-96
FWC 49-1994, f. & cert. ef. 8-12-94
FWC 60-1992, f. & cert. ef. 7-30-92
FWC 70-1990, f. & cert. ef. 7-25-90
FWC 59-1989, f. & cert. ef. 8-15-89

Or. Admin. R. 635-050-0047 Set-Back Restrictions

On state or federal lands, except when authorized by the Oregon Department of Fish and Wildlife, no traps or snares may be set on land:

(1) Within 50 feet of any public trail;

(2) Within 300 feet of any trailhead that is designated and maintained as such by the public land management agency and is accessible to vehicular traffic;

(3) Within 300 feet of any public campground or picnic area designated and maintained as such by the public land management agency on the most current official map of the agency; or

(4) Within 500 feet of the center of the mouth of any Oregon Department of Transportation wildlife crossing structure located between US Highway 97 mile posts 149 and 153.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 74-2016, f. & cert. ef. 6-14-16
DFW 56-2012, f. & cert. ef. 6-11-12

Or. Admin. R. 635-050-0050 Definitions

(1) “Contest” means a manner of take involving a competition, tournament, derby, or other event that has the objective of killing unprotected mammals native to Oregon for cash, prizes, or other incentives offered for the amount, quality, size, weight or other physical characteristics of the unprotected mammals taken.

(2) "Eastern Oregon" means all counties east of the summit of the Cascade Range, including all of Klamath and Hood River Counties.

(3) "Furbearers or furbearing mammals" means beaver, bobcat, fisher, marten, mink, muskrat, river otter, raccoon, red fox, and gray fox.For any person owning, leasing, occupying, possessing or having charge of or dominion over any land (or an agent of this person) who is taking or attempting to take muskrat on that property, this species is considered to be a predatory animal.

(4) "Killing trap" means a device used to kill a mammal as part of a killing trap system. A killing trap system is a system set with the intent to kill a mammal comprising a combination of: equipment (the trap and trigger configuration), and set (including site modifications, lures, baits, location and other relevant requirements).

(5) “Land set” is any set with a trap or snare other than a water set.

(6) "Predatory animal" means feral swine as defined by the State Department of Agriculture; or coyotes, rabbits, or rodents (except beaver), or birds (except game birds and birds that are protected wildlife) that are or may be destructive to agricultural crops, products or activities.

(7) “Public trail” is any trail designated, maintained, mapped and marked by any state or federal land management agency on the most current official map of the agency; for the purposes of trapping, water way, water trails designated for floating craft and public roadways are not considered a “public trail”.

(8) "Raw pelt" means any pelt that has not been processed or converted to any usable form beyond initial cleaning, stretching, and drying.

(9) "Resident" is any person who :

(a) Has physically resided in Oregon for not less than six consecutive months immediately prior to the date of making application for a license, tag, or permit.

(b) Members of the uniformed services of the United States who:

(A) Are permanently assigned to active duty in this state, and their spouse and dependent children.

(B) Reside in this state while assigned to duty at any base, station, shore establishment or other facility in this state.

(C) Reside in this state while serving as members of the crew of a ship that has an Oregon port or shore establishment as its home port or permanent station.

(D) Resides in another state or a foreign country and establishes Oregon residency by filing Oregon state income taxes no later than 12 months before leaving active duty.

(E) A member of the uniformed services who is not a resident member of the uniformed services, except for the purpose of purchasing controlled hunt tags issued by the commission.

(d) Resident does not include a person:

(A) Who merely owns real property or pays property taxes in this state; or

(B) Who claims resident privileges in another state or country for any purpose.

(10) "Restraining trap" means a device used to capture and restrain (but not kill) a mammal as part of a restraining trap system. A restraining trap system is a system set with the intent to capture and restrain (but not kill) a mammal comprising a combination of: equipment (the trap and the trigger configuration), and set (including site modifications, lures, baits, location and other relevant requirements).

(11) "River" means that portion of a natural water body lying below the level of bankfull stage. Bankfull stage means the stage or elevation at which overflow of the natural banks of a stream or body of water begins to inundate the upland.

(12) "Sight bait" means exposed flesh bait, including whole animal carcasses, within 15 feet of any foothold trap set for carnivores.

(13) “Trailhead”, for the purposes of trapping, is the area beginning at the sign marking the origin of a public trail or segment of trail which is designated, maintained, mapped, and marked by at least one visible sign and includes any adjacent improved graveled or paved vehicle parking lot. The standard shoulder of the road is not considered part of the trailhead. Trailheads are marked by at least one visible sign posted by the responsible state or federal land management agency and identified on the most current official map of the agency. A trailhead does not include junctions between trails (posted or not) where there is no motorized vehicle access, or intersections where a trail crosses a road, or locations where users have developed an access point, but no improvements have been provided beyond minimal signage for public safety.

(14) "Unprotected mammals" means, for the purposes of OAR 635-050-0015 through 635-050-0300, badger, coyote, gophers ( Thomomys bottae, T. bulbivorus, T. mazama, T. talpoides and T. townsendii ), moles ( Scapanus townsendii, S. orarius and S. latimanus ), mountain beaver ( Apolodontia rufa ), yellowbellied marmots ( Marmonta flaviventris ), nutria, opossum, porcupine, spotted skunk, striped skunk, and weasel, for which there are no closed seasons or bag limits.For any person owning, leasing, occupying, possessing or having charge of or dominion over any land (or an agent of this person) who is taking or attempting to take coyote, gopher, mountain beaver (boomer), marmot, nutria, or porcupine on that property, these six species are considered to be predatory animals.

(15) “Water set” is any trap or snare originally set within a permanent water source or a seasonal water source when water is present, such that at least a portion of the trap jaws or snare loop is submerged. If water levels fluctuate, then at each required trap-checkany killing trap with a jaw spread of 7.5 inches or more originally set in a water set must be removed or adjusted such that at least a portion of the trap jaws or snare loop is submerged except in tidally influenced areas when set below the mean high water mark.

(16) "Western Oregon" means all counties west of the summit of the Cascade Range except Klamath and Hood River Counties.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.002 & 497.006
DFW 51-2024, amend filed 06/26/2024, effective 06/26/2024
DFW 104-2023, amend filed 10/02/2023, effective 10/02/2023
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 75-2018, amend filed 06/20/2018, effective 06/20/2018
DFW 52-2013, f. & cert. ef. 6-10-13
DFW 56-2012, f. & cert. ef. 6-11-12
DFW 82-2010, f. & cert. ef. 6-15-10
FWC 46-1997, f. & cert. ef. 8-13-97
FWC 49-1994, f. & cert. ef. 8-12-94
FWC 70-1990, f. & cert. ef. 7-25-90
FWC 59-1989, f. & cert. ef. 8-15-89
FWC 79-1988, f. & cert. ef. 9-2-88
FWC 44-1985, f. & ef. 8-22-85
FWC 52-1984, f. & ef. 9-5-84
FWC 58-1983, f. & ef. 10-19-83
FWC 27-1983, f. & ef. 7-8-83
FWC 45-1982, f. & ef. 7-12-82
FWC 43-1982, f. & ef. 7-9-82
FWC 21-1981, f. & ef. 6-29-81, Renumbered from 635-050-0010
FWC 47-1980, f. & ef. 9-17-80
FWC 35-1980, f. & ef. 7-2-80
FWC 37-1979, f. & ef. 8-29-79
FWC 44-1978, f. & ef. 9-1-78
FWC 140, f. & ef. 8-29-77

Or. Admin. R. 635-050-0060 Times, Places, Bag Limits, Species, Sex, and Manner of Taking

Each species of furbearing or unprotected mammal may be hunted or trapped only during the times and in the places, quantities, and manner specifically provided for in OAR 635-050-0015 through 635-050-0300.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 104-2023, amend filed 10/02/2023, effective 10/02/2023
FWC 49-1994, f. & cert. ef. 8-12-94
FWC 70-1990, f. & cert. ef. 7-25-90
FWC 59-1989, f. & cert. ef. 8-15-89
FWC 21-1981, f. & ef. 6-29-81, Renumbered from 635-050-0012
FWC 35-1980, f. & ef. 7-2-80
FWC 37-1979, f. & ef. 8-29-79
FWC 140, f. & ef. 8-29-77

Or. Admin. R. 635-050-0070 Beaver Harvest Seasons

Open Season: November 15 through March 15 of the following year except the following described areas are closed to beaver harvest:

(1) Clackamas County. Within the exterior boundaries of Mt. Hood National Forest.

(2) Crook County. Prineville Reservoir below high water line and the Ochoco National Forest.

(3) Curry County. The Rogue River from the east county line to the mouth.

(4) Grant County. Within the exterior boundaries of the Ochoco National Forest; Murderers Creek and Deer Creek, tributaries of the South Fork John Day River, within the exterior boundaries of the Malheur National Forest.

(5) Jefferson County. That portion of the Willow Creek watershed on the National Grasslands.

(6) Josephine County. The Rogue River from the confluence of Grave Creek downstream to the county line.

(7) Union County:

(a) National Forest lands. However, private inholdings within the National Forest remain open.

(b) Grande Ronde River above Beaver Creek.

(c) All tributaries of the Grande Ronde River above the confluence of Five Points Creek. (Five Points Creek open to the National Forest boundary.)

(8) Wallowa County:

(a) Wallowa River watershed above Wallowa Lake.

(b) Those portions of the Lostine River, Hurricane Creek, and Bear Creek watersheds within the Wallowa-Whitman National Forest.

(d) Peavine Creek, a tributary of Chesnimnus Creek.

(9) Wheeler County. Within the exterior boundaries of the Ochoco National Forest and those portions of the Bridge Creek watershed on Bureau of Land Management lands.

(10) Any body of water that is on, adjacent to, or flows through public land, or any public land within 200 feet of the ordinary high waterline of a body of water, that is shown as closed to beaver harvest on the 2025-2027 Oregon Beaver Harvest Closure Map. This subsection does not apply to:

(a) Private lands; or

(b) Below the ordinary high-water line of navigable streams and rivers when the adjoining land is privately owned.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, ORS 496.012 & 498.066
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, ORS 496.012 & 498.066
DFW 63-2026, amend filed 06/30/2026, effective 07/01/2026
DFW 51-2024, amend filed 06/26/2024, effective 06/26/2024
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 71-2020, amend filed 06/17/2020, effective 06/17/2020
DFW 75-2018, amend filed 06/20/2018, effective 06/20/2018
DFW 74-2016, f. & cert. ef. 6-14-16
DFW 64-2014, f. & cert. ef. 6-11-14
DFW 56-2012, f. & cert. ef. 6-11-12
DFW 82-2010, f. & cert. ef. 6-15-10
DFW 83-2008, f. & cert. ef. 7-25-08
DFW 60-2006, f. & cert. ef. 7-12-06
DFW 67-2004, f. & cert. ef. 7-13-04
DFW 73-2002, f. & cert. ef. 7-16-02
DFW 39-2000, f. & cert. ef. 7-25-00
DFW 62-1998, f. & cert. ef. 8-10-98
FWC 46-1997, f. & cert. ef. 8-13-97
Reverted to FWC 43-1996, f. & cert. ef. 8-12-96
FWC 65-1996(Temp), f. & cert. ef. 11-21-96
FWC 43-1996, f. & cert. ef. 8-12-96
FWC 49-1994, f. & cert. ef. 8-12-94
FWC 60-1992, f. & cert. ef. 7-30-92
FWC 70-1990, f. & cert. ef. 7-25-90
FWC 59-1989, f. & cert. ef. 8-15-89
FWC 79-1988, f. & cert. ef. 9-2-88
FWC 48-1986, f. & ef. 8-28-86
FWC 44-1985, f. & ef. 8-22-85
FWC 52-1984, f. & ef. 9-5-84
FWC 58-1983, f. & ef. 10-19-83
FWC 27-1983, f. & ef. 7-8-83
FWC 43-1982, f. & ef. 7-9-82
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-050-0080 Bobcat Harvest Seasons

(1) The open harvest season for bobcat is December 1 through the last day of February of the following year.

(2) The bag limit for bobcat in those counties east of the summit of the Cascade Range (including Hood River and Klamath counties) is five per season per licensed hunter or trapper.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 51-2024, amend filed 06/26/2024, effective 06/26/2024
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 71-2020, amend filed 06/17/2020, effective 06/17/2020
DFW 75-2018, amend filed 06/20/2018, effective 06/20/2018
DFW 74-2016, f. & cert. ef. 6-14-16
DFW 64-2014, f. & cert. ef. 6-11-14
DFW 56-2012, f. & cert. ef. 6-11-12
DFW 82-2010, f. & cert. ef. 6-15-10
DFW 83-2008, f. & cert. ef. 7-25-08
DFW 60-2006, f. & cert. ef. 7-12-06
DFW 67-2004, f. & cert. ef. 7-13-04
DFW 73-2002, f. & cert. ef. 7-16-02
DFW 39-2000, f. & cert. ef. 7-25-00
DFW 62-1998, f. & cert. ef. 8-10-98
FWC 43-1996, f. & cert. ef. 8-12-96
FWC 49-1994, f. & cert. ef. 8-12-94
FWC 60-1992, f. & cert. ef. 7-30-92
FWC 70-1990, f. & cert. ef. 7-25-90
FWC 59-1989, f. & cert. ef. 8-15-89
FWC 48-1986, f. & ef. 8-28-86
FWC 44-1985, f. & ef. 8-22-85
FWC 52-1984, f. & ef. 9-5-84
FWC 58-1983, f. & ef. 10-19-83
FWC 27-1983, f. & ef. 7-8-83
FWC 43-1982, f. & ef. 7-9-82
FWC 21-1981, f. & ef. 6-29-81, Renumbered from 635-050-0022
FWC 47-1980, f. & ef. 9-17-80
FWC 35-1980, f. & ef. 7-2-80
FWC 37-1979, f. & ef. 8-29-79
FWC 44-1978, f. & ef. 9-1-78
FWC 10-1978, f. & ef. 3-7-78
FWC 1-1978(Temp), f. & ef. 1-17-78
FWC 151, f. & ef. 10-5-77

Or. Admin. R. 635-050-0090 Gray Fox Harvest Seasons

(1) Open season: October 15 through the last day of February of the following year.

(2) Open area: Entire state.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 51-2024, amend filed 06/26/2024, effective 06/26/2024
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 71-2020, amend filed 06/17/2020, effective 06/17/2020
DFW 75-2018, amend filed 06/20/2018, effective 06/20/2018
DFW 74-2016, f. & cert. ef. 6-14-16
DFW 64-2014, f. & cert. ef. 6-11-14
DFW 56-2012, f. & cert. ef. 6-11-12
DFW 82-2010, f. & cert. ef. 6-15-10
DFW 83-2008, f. & cert. ef. 7-25-08
DFW 60-2006, f. & cert. ef. 7-12-06
DFW 67-2004, f. & cert. ef. 7-13-04
DFW 73-2002, f. & cert. ef. 7-16-02
DFW 39-2000, f. & cert. ef. 7-25-00
DFW 62-1998, f. & cert. ef. 8-10-98
FWC 43-1996, f. & cert. ef. 8-12-96
FWC 49-1994, f. & cert. ef. 8-12-94
FWC 60-1992, f. & cert. ef. 7-30-92
FWC 70-1990, f. & cert. ef. 7-25-90
FWC 59-1989, f. & cert. ef. 8-15-89
FWC 48-1986, f. & ef. 8-28-86
FWC 44-1985, f. & ef. 8-22-85
FWC 52-1984, f. & ef. 9-5-84
FWC 58-1983, f. & ef. 10-19-83
FWC 27-1983, f. & ef. 7-8-83
FWC 43-1982, f. & ef. 7-9-82
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-050-0100 Red Fox Harvest Seasons

(1) Open season: October 15 through the last day of February of the following year.

(2) Open area: Entire state except that portion fifteen miles from the Pacific Crest Trail from the Washington border south to Interstate 5.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 51-2024, amend filed 06/26/2024, effective 06/26/2024
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 71-2020, amend filed 06/17/2020, effective 06/17/2020
DFW 75-2018, amend filed 06/20/2018, effective 06/20/2018
DFW 74-2016, f. & cert. ef. 6-14-16
DFW 64-2014, f. & cert. ef. 6-11-14
DFW 56-2012, f. & cert. ef. 6-11-12
DFW 82-2010, f. & cert. ef. 6-15-10
DFW 83-2008, f. & cert. ef. 7-25-08
DFW 60-2006, f. & cert. ef. 7-12-06
DFW 67-2004, f. & cert. ef. 7-13-04
DFW 73-2002, f. & cert. ef. 7-16-02
DFW 39-2000, f. & cert. ef. 7-25-00
DFW 62-1998, f. & cert. ef. 8-10-98
FWC 43-1996, f. & cert. ef. 8-12-96
FWC 49-1994, f. & cert. ef. 8-12-94
FWC 60-1992, f. & cert. ef. 7-30-92
FWC 70-1990, f. & cert. ef. 7-25-90
FWC 59-1989, f. & cert. ef. 8-15-89
FWC 79-1988, f. & cert. ef. 9-2-88
FWC 48-1986, f. & ef. 8-28-86
FWC 44-1985, f. & ef. 8-22-85
FWC 52-1984, f. & ef. 9-5-84
FWC 58-1983, f. & ef. 10-19-83
FWC 27-1983, f. & ef. 7-8-83
FWC 43-1982, f. & ef. 7-9-82
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-050-0110 Marten Harvest Seasons

(1) Open season: November 1 through January 31 of the following year.

(2) Open area: Eastern Oregon and that portion of Western Oregon east of Interstate 5.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 51-2024, amend filed 06/26/2024, effective 06/26/2024
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 71-2020, amend filed 06/17/2020, effective 06/17/2020
DFW 144-2019, amend filed 09/26/2019, effective 09/26/2019
DFW 75-2018, amend filed 06/20/2018, effective 06/20/2018
DFW 74-2016, f. & cert. ef. 6-14-16
DFW 64-2014, f. & cert. ef. 6-11-14
DFW 56-2012, f. & cert. ef. 6-11-12
DFW 82-2010, f. & cert. ef. 6-15-10
DFW 83-2008, f. & cert. ef. 7-25-08
DFW 60-2006, f. & cert. ef. 7-12-06
DFW 67-2004, f. & cert. ef. 7-13-04
DFW 73-2002, f. & cert. ef. 7-16-02
DFW 39-2000, f. & cert. ef. 7-25-00
DFW 62-1998, f. & cert. ef. 8-10-98
FWC 43-1996, f. & cert. ef. 8-12-96
FWC 49-1994, f. & cert. ef. 8-12-94
FWC 60-1992, f. & cert. ef. 7-30-92
FWC 70-1990, f. & cert. ef. 7-25-90
FWC 59-1989, f. & cert. ef. 8-15-89
FWC 48-1986, f. & ef. 8-28-86
FWC 44-1985, f. & ef. 8-22-85
FWC 52-1984, f. & ef. 9-5-84
FWC 58-1983, f. & ef. 10-19-83
FWC 27-1983, f. & ef. 7-8-83
FWC 43-1982, f. & ef. 7-9-82
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-050-0120 Mink Harvest Seasons

(1) Open season: November 15 through March 31 of the following year.

(2) Open area: Entire state.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 51-2024, amend filed 06/26/2024, effective 06/26/2024
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 71-2020, amend filed 06/17/2020, effective 06/17/2020
DFW 75-2018, amend filed 06/20/2018, effective 06/20/2018
DFW 74-2016, f. & cert. ef. 6-14-16
DFW 64-2014, f. & cert. ef. 6-11-14
DFW 56-2012, f. & cert. ef. 6-11-12
DFW 82-2010, f. & cert. ef. 6-15-10
DFW 83-2008, f. & cert. ef. 7-25-08
DFW 60-2006, f. & cert. ef. 7-12-06
DFW 67-2004, f. & cert. ef. 7-13-04
DFW 73-2002, f. & cert. ef. 7-16-02
DFW 39-2000, f. & cert. ef. 7-25-00
DFW 62-1998, f. & cert. ef. 8-10-98
FWC 43-1996, f. & cert. ef. 8-12-96
FWC 49-1994, f. & cert. ef. 8-12-94
FWC 60-1992, f. & cert. ef. 7-30-92
FWC 70-1990, f. & cert. ef. 7-25-90
FWC 59-1989, f. & cert. ef. 8-15-89
FWC 79-1988, f. & cert. ef. 9-2-88
FWC 48-1986, f. & ef. 8-28-86
FWC 44-1985, f. & ef. 8-22-85
FWC 52-1984, f. & ef. 9-5-84
FWC 58-1983, f. & ef. 10-19-83
FWC 27-1983, f. & ef. 7-8-83
FWC 43-1982, f. & ef. 7-9-82
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-050-0130 Muskrat Harvest Seasons

(1) Open season: November 15 through March 31 of the following year.

(2) Open area: Entire state.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 51-2024, amend filed 06/26/2024, effective 06/26/2024
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 71-2020, amend filed 06/17/2020, effective 06/17/2020
DFW 75-2018, amend filed 06/20/2018, effective 06/20/2018
DFW 74-2016, f. & cert. ef. 6-14-16
DFW 64-2014, f. & cert. ef. 6-11-14
DFW 56-2012, f. & cert. ef. 6-11-12
DFW 82-2010, f. & cert. ef. 6-15-10
DFW 83-2008, f. & cert. ef. 7-25-08
DFW 60-2006, f. & cert. ef. 7-12-06
DFW 67-2004, f. & cert. ef. 7-13-04
DFW 73-2002, f. & cert. ef. 7-16-02
DFW 39-2000, f. & cert. ef. 7-25-00
DFW 62-1998, f. & cert. ef. 8-10-98
FWC 43-1996, f. & cert. ef. 8-12-96
FWC 49-1994, f. & cert. ef. 8-12-94
FWC 60-1992, f. & cert. ef. 7-30-92
FWC 70-1990, f. & cert. ef. 7-25-90
FWC 59-1989, f. & cert. ef. 8-15-89
FWC 48-1986, f. & ef. 8-28-86
FWC 44-1985, f. & ef. 8-22-85
FWC 52-1984, f. & ef. 9-5-84
FWC 58-1983, f. & ef. 10-19-83
FWC 27-1983, f. & ef. 7-8-83
FWC 43-1982, f. & ef. 7-9-82
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-050-0140 Raccoon Harvest Seasons

(1) Open season: November 15 through March 15 of the following year.

(2) Open area: Entire state.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 51-2024, amend filed 06/26/2024, effective 06/26/2024
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 71-2020, amend filed 06/17/2020, effective 06/17/2020
DFW 75-2018, amend filed 06/20/2018, effective 06/20/2018
DFW 74-2016, f. & cert. ef. 6-14-16
DFW 64-2014, f. & cert. ef. 6-11-14
DFW 56-2012, f. & cert. ef. 6-11-12
DFW 82-2010, f. & cert. ef. 6-15-10
DFW 83-2008, f. & cert. ef. 7-25-08
DFW 60-2006, f. & cert. ef. 7-12-06
DFW 67-2004, f. & cert. ef. 7-13-04
DFW 73-2002, f. & cert. ef. 7-16-02
DFW 39-2000, f. & cert. ef. 7-25-00
DFW 62-1998, f. & cert. ef. 8-10-98
FWC 43-1996, f. & cert. ef. 8-12-96
FWC 49-1994, f. & cert. ef. 8-12-94
FWC 60-1992, f. & cert. ef. 7-30-92
FWC 70-1990, f. & cert. ef. 7-25-90
FWC 59-1989, f. & cert. ef. 8-15-89
FWC 48-1986, f. & ef. 8-28-86
FWC 44-1985, f. & ef. 8-22-85
FWC 52-1984, f. & ef. 9-5-84
FWC 58-1983, f. & ef. 10-19-83
FWC 27-1983, f. & ef. 7-8-83
FWC 43-1982, f. & ef. 7-9-82
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-050-0150 River Otter Harvest Seasons

(1) Open season: November 15 through March 15 of the following year.

(2) Open area: Entire state.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 63-2026, amend filed 06/30/2026, effective 07/01/2026
DFW 51-2024, amend filed 06/26/2024, effective 06/26/2024
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 71-2020, amend filed 06/17/2020, effective 06/17/2020
DFW 75-2018, amend filed 06/20/2018, effective 06/20/2018
DFW 74-2016, f. & cert. ef. 6-14-16
DFW 64-2014, f. & cert. ef. 6-11-14
DFW 56-2012, f. & cert. ef. 6-11-12
DFW 82-2010, f. & cert. ef. 6-15-10
DFW 83-2008, f. & cert. ef. 7-25-08
DFW 60-2006, f. & cert. ef. 7-12-06
DFW 67-2004, f. & cert. ef. 7-13-04
DFW 73-2002, f. & cert. ef. 7-16-02
DFW 39-2000, f. & cert. ef. 7-25-00
DFW 62-1998, f. & cert. ef. 8-10-98
FWC 43-1996, f. & cert. ef. 8-12-96
FWC 49-1994, f. & cert. ef. 8-12-94
FWC 60-1992, f. & cert. ef. 7-30-92
FWC 59-1989, f. & cert. ef. 8-15-89
FWC 48-1986, f. & ef. 8-28-86
FWC 44-1985, f. & ef. 8-22-85
FWC 70-1990, f. & cert. ef. 7-25-90
FWC 52-1984, f. & ef. 9-5-84
FWC 58-1983, f. & ef. 10-19-83
FWC 27-1983, f. & ef. 7-8-83
FWC 43-1982, f. & ef. 7-9-82
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-050-0160 Wolverine, Fisher, Ringtail, Sea Otter and Kit Fox

(1) There is no open season.

(2) Any person who takes wolverine, fisher, ringtail, sea otter or kit fox by incidental capture or any other form of take must report the take to the Department within 48 hours.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 71-2020, amend filed 06/17/2020, effective 06/17/2020
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-050-0165 Badger, Coyote, Nutria, Opossum, Porcupine, Spotted Skunk, Striped Skunk and Weasel

There is no closed season.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
FWC 79-1988, f. & cert. ef. 9-2-88

Or. Admin. R. 635-050-0170 Pursuit Seasons

(1) The following pursuit seasons are authorized:

(a) Bobcat: September 1 through the last day of February of the following year.

(b) Fox: September 1 through the last day of February of the following year.

(2) License Requirements: Furtaker's license or hunting license for furbearers shall be on one's person during pursuit.

(3) No animals shall be killed except during authorized open harvest season.

(4) A bobcat record card shall be on one's person while taking or attempting to take bobcat.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 51-2024, amend filed 06/26/2024, effective 06/26/2024
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 71-2020, amend filed 06/17/2020, effective 06/17/2020
DFW 75-2018, amend filed 06/20/2018, effective 06/20/2018
DFW 74-2016, f. & cert. ef. 6-14-16
DFW 64-2014, f. & cert. ef. 6-11-14
DFW 56-2012, f. & cert. ef. 6-11-12
DFW 82-2010, f. & cert. ef. 6-15-10
DFW 83-2008, f. & cert. ef. 7-25-08
DFW 60-2006, f. & cert. ef. 7-12-2006
DFW 67-2004, f. & cert. ef. 7-13-04
Reverted to DFW 73-2002, f. & cert. ef. 7-16-02
DFW 85-2003(Temp), f. & cert. ef. 8-27-03 thru 2-23-04
DFW 73-2002, f. & cert. ef. 7-16-02
DFW 61-2001, f. & cert. ef. 7-25-01
DFW 39-2000, f. & cert. ef. 7-25-00
DFW 62-1998, f. & cert. ef. 8-10-98
FWC 43-1996, f. & cert. ef. 8-12-96
FWC 49-1994, f. & cert. ef. 8-12-94
FWC 60-1992, f. & cert. ef. 7-30-92
FWC 70-1990, f. & cert. ef. 7-25-90
FWC 59-1989, f. & cert. ef. 8-15-89
FWC 79-1988, f. & cert. ef. 9-2-88
FWC 48-1986, f. & ef. 8-28-86
FWC 44-1985, f. & ef. 8-22-85
FWC 52-1984, f. & ef. 9-5-84
FWC 58-1983, f. & ef. 10-19-83
FWC 27-1983, f. & ef. 7-8-83
FWC 43-1982, f. & ef. 7-9-82
FWC 21-1981, f. & ef. 6-29-81, Renumbered from 635-050-0026
FWC 35-1980, f. & ef. 7-2-80

Or. Admin. R. 635-050-0180 Bobcat and River Otter Record Cards

(1) Each person desiring to hunt or trap bobcat or river otter shall purchase a bobcat or river otter record card prior to hunting or trapping bobcat or river otter , except that a bobcat record card is not required to participate in pursuit seasons if no bobcat are taken.

(2) Bobcat record cards will be available for a fee of $37.50 per card.

(3) River otter record cards will be available for a fee of $37.50 per card.

(4) Record cards will be available at the Salem headquarters and regional offices of the Department.

(5) River otter cards will have spaces for recording 15 river otters. There is no limit on the purchase of river otter record cards.

(6) A western Oregon bobcat record card allows a person to hunt or trap bobcats in the counties east of the summit of the Cascade Range. Each western Oregon bobcat record card will have spaces for recording 15 bobcats. There is no limit on purchase of western Oregon bobcat record cards.

(7) An Oregon statewide bobcat record card allows a person to hunt or trap bobcats statewide. No more than one Oregon statewide record card for bobcats will be issued to any furtaker or hunter. A duplicate card may be issued, but no more than the bag limit described for eastern Oregon bobcats in OAR 635-050-0080 may be taken in a season.

(8) No person may obtain or possess both statewide and western Oregon bobcat record cards.

(9) Bobcat and river otter record cards shall not be sold after the end of their respective seasons.

(10) Each furtaker shall have the appropriate record card on their person while trapping or hunting bobcat or river otter. A bobcat record card is not required to participate in pursuit seasons.

(11) Furtakers shall not have record cards other than their own on their person or in their possession while in the field or in transit. A transfer record should accompany any transfer of a record card and pelts to another furtaker for the purposes of temporary storage or tagging.

(12) Upon coming into possession of any bobcat or river otter, the furtaker who killed the animal shall immediately write on their record card, the species, sex, date of possession and county of harvest.

(13) Each furtaker shall retain the record card until they dispose of the raw pelts.

(14) Fees paid for unused record cards shall not be refunded.

(15) It is unlawful to alter or be in possession of an altered bobcat or river otter record card.

(16) Each licensee shall register a brand number to obtain a bobcat or river otter record card.

History

Statutory/Other Authority: SB 247 (2015), ORS 496.012, ORS 496.138, ORS 496.146 & ORS 496.162
Statutes/Other Implemented: SB 247 (2015), ORS 496.012, ORS 496.138, ORS 496.146 & ORS 496.162
DFW 51-2024, amend filed 06/26/2024, effective 06/26/2024
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 71-2020, amend filed 06/17/2020, effective 06/17/2020
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
FWC 140, f. & ef. 8-29-77; FWC 165, f. & ef. 12-23-77; FWC 44-1978, f. & ef. 9-1-78; FWC 37-1979, f. & ef. 8-29-79; FWC 53-1979(Temp), f. & ef. 11-6-79; FWC 54-1979(Temp), f. & ef. 11-8-79; FWC 60-1979(Temp), f. & ef. 12-18-79; FWC 2-1980(Temp), f. & ef. 1-8-80; FWC 35-1980, f. & ef. 7-2-80; FWC 21-1981, f. & ef. 6-29-81, Renumbered from 635-050-0025(1); FWC 43-1982, f. & ef. 7-9-82; FWC 27-1983, f. & ef. 7-8-83; FWC 52-1984, f. & ef. 9-5-84; FWC 44-1985, f. & ef. 8-22-85; FWC 48-1986, f. & ef. 8-28-86; FWC 79-1988, f. & cert. ef. 9-2-88; FWC 59-1989, f. & cert. ef. 8-15-89; FWC 60-1992, f. & cert. ef. 7-30-92; FWC 49-1994, f. & cert. ef. 8-12-94; DFW 39-2000, f. & cert. ef. 7-25-00; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04; DFW 67-2004, f. & cert. ef. 7-13-04; DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10; DFW 127-2010, f. & cert. ef. 9-10-10; DFW 64-2014, f. & cert. ef. 6-11-14

Or. Admin. R. 635-050-0183 Bobcat and River Otter Ownership Tags

(1) The ownership tag shall be affixed by Department personnel at district and regional offices and shall remain so affixed while the pelt is in raw form.

(2) Ownership tags may be used as foreign export tags.

(3) Each ownership tag authorizes the holder to sell the raw pelt from one bobcat or river otter.

(4) Each person shall have an ownership tag affixed to their bobcat or river otter pelt at a Department district or regional office within five business days after the season ends.

(5) It shall be unlawful to possess a raw pelt from a harvested bobcat or river otter after five business days following the closure of the harvest season in which it was harvested without an ownership tag.

(6) It shall be unlawful to sell or remove from the state the carcass or raw pelt of a harvested bobcat or river otter without the ownership tag affixed or as authorized by the Department.

(7) A furtaker shall be responsible for surrendering to the Oregon Department of Fish and Wildlife the lower jawbone including both canine teeth and information on sex, date of catch and county of harvest attached to each individual Oregon bobcat and river otter jawbone to qualify for ownership tags. A district office may, on a case-by-case basis, waive the lower jawbone requirement, for example if the furtaker provides evidence that failure to provide the jawbone is due to unexpected circumstances beyond their control.

(8) The record card with the required information including species, sex, date of possession and county shall be presented to obtain an ownership tag.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 71-2020, amend filed 06/17/2020, effective 06/17/2020
DFW 75-2018, amend filed 06/20/2018, effective 06/20/2018
DFW 74-2016, f. & cert. ef. 6-14-16
DFW 64-2014, f. & cert. ef. 6-11-14
DFW 56-2012, f. & cert. ef. 6-11-12
DFW 82-2010, f. & cert. ef. 6-15-10
DFW 83-2008, f. & cert. ef. 7-25-08
DFW 60-2006, f. & cert. ef. 7-12-06
DFW 67-2004, f. & cert. ef. 7-13-04
DFW 73-2002, f. & cert. ef. 7-16-02
DFW 39-2000, f. & cert. ef. 7-25-00
DFW 62-1998, f. & cert. ef. 8-10-98
FWC 43-1996, f. & cert. ef. 8-12-96
FWC 49-1994, f. & cert. ef. 8-12-94
FWC 60-1992, f. & cert. ef. 7-30-92
FWC 70-1990, f. & cert. ef. 7-25-90
FWC 59-1989, f. & cert. ef. 8-15-89
FWC 79-1988, f. & cert. ef. 9-2-88
FWC 48-1986, f. & ef. 8-28-86
FWC 44-1985, f. & ef. 8-22-85
FWC 52-1984, f. & ef. 9-5-84
FWC 27-1983, f. & ef. 7-8-83
FWC 43-1982, f. & ef. 7-9-82

Or. Admin. R. 635-050-0189 Special Bobcat and River Otter Regulations

Those persons failing to comply with 2026-2027 or 2027-2028 Special Bobcat and River Otter Regulations may not be issued a license for the following furbearer season and shall be subject to the penalties provided in ORS 496.992.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 63-2026, amend filed 06/30/2026, effective 07/01/2026
DFW 51-2024, amend filed 06/26/2024, effective 06/26/2024
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 71-2020, amend filed 06/17/2020, effective 06/17/2020
DFW 75-2018, amend filed 06/20/2018, effective 06/20/2018
DFW 74-2016, f. & cert. ef. 6-14-16
DFW 64-2014, f. & cert. ef. 6-11-14
DFW 56-2012, f. & cert. ef. 6-11-12
DFW 82-2010, f. & cert. ef. 6-15-10
DFW 83-2008, f. & cert. ef. 7-25-08
DFW 60-2006, f. & cert. ef. 7-12-06
DFW 67-2004, f. & cert. ef. 7-13-04
DFW 73-2002, f. & cert. ef. 7-16-02
DFW 39-2000, f. & cert. ef. 7-25-00
DFW 62-1998, f. & cert. ef. 8-10-98
FWC 43-1996, f. & cert. ef. 8-12-96
FWC 49-1994, f. & cert. ef. 8-12-94
FWC 60-1992, f. & cert. ef. 7-30-92
FWC 70-1990, f. & cert. ef. 7-25-90
FWC 59-1989, f. & cert. ef. 8-15-89
FWC 79-1988, f. & cert. ef. 9-2-88
FWC 48-1986, f. & ef. 8-28-86
FWC 44-1985, f. & ef. 8-22-85
FWC 52-1984, f. & ef. 9-5-84
FWC 27-1983, f. & ef. 7-8-83
FWC 43-1982, f. & ef. 7-9-82

Or. Admin. R. 635-050-0200 Refuges Open to Hunting or Trapping

All state wildlife refuges, except those specified as closed to all hunting or trapping, are open to hunting or trapping of furbearing mammals and mammals unprotected by law or Department regulations during the respective open seasons within the period November 1 through March 31.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 49-1994, f. & cert. ef. 8-12-94
FWC 59-1989, f. & cert. ef. 8-15-89
FWC 48-1986, f. & ef. 8-28-86
FWC 44-1985, f. & ef. 8-22-85
FWC 52-1984, f. & ef. 9-5-84
FWC 27-1983, f. & ef. 7-8-83
FWC 43-1982, f. & ef. 7-9-82
FWC 21-1981, f. & ef. 6-29-81, Renumbered from 635-050-0035
Reverted to FWC 45-1980, f. & ef. 8-28-80
FWC 53-1980(Temp), f. & ef. 9-23-80
FWC 45-1980, f. & ef. 8-28-80
FWC 35-1980, f. & ef. 7-2-80
FWC 37-1979, f. & ef. 8-29-79
FWC 44-1978, f. & ef. 9-1-78
FWC 140, f. & ef. 8-29-77

Or. Admin. R. 635-050-0210 Areas Closed to Hunting or Trapping

It is unlawful to hunt or trap furbearing mammals or unprotected mammals on the following areas except as authorized by permit or as provided in section (31) and (32) of this section:

(1) Cemeteries;

(2) City and municipal watersheds declared to be refuges;

(3) Coquille Valley Wildlife Area;

(4) Coyote Springs Wildlife Area;

(5) Crates Point Wildlife Area;

(6) Enterprise Wildlife Area;

(7) Federal refuges;

(8) Denman Wildlife Area;

(9) EE. Wilson Wildlife Area;

(10) Fern Ridge Wildlife Area;

(11) Irrigon Wildlife Area;

(12) Jewell Meadows Wildlife Area;

(13) Klamath Wildlife Area;

(14) Ladd Marsh Wildlife Area;

(15) McDonald Forest (Benton County);

(16) Metolius Wildlife Refuge;

(17) National, state and public parks;

(18) North Bank Habitat Management Area (BLM);

(19) Posted refuges and safety zones on Department owned, managed, or controlled areas;

(20) Power City Wildlife Area;

(21) Public campgrounds;

(22) Rimrock Springs Wildlife Area;

(23) Sauvie Island Wildlife Area;

(24) School lands;

(25) Summer Lake Wildlife Area;

(26) St. Louis Ponds

(27) Tami Wagner Wildlife Area;

(28) Willow Creek Wildlife Area;

(29) Tillicum Natural Area;.

(30) Department owned, managed, or controlled areas that are primarily available to the public for the purpose of angling or boat access;

(31) Within city boundaries (note, however, that ORS 498.012 allows landowners and their agents to trap for the purpose of dealing with certain types of damage, public nuisance and public health risk. This authority overrides the restriction on trapping within cities);

(32) Notwithstanding section (31) of this rule, trapping furbearing and unprotected mammals is permitted within incorporated city limits as follows:

(a) Warrenton, except within 100 yards of any residential building or within the boundaries of Fort Stevens State Park;

(b) Klamath Falls, on a person's own property for muskrat and beaver;

(d) Cottage Grove; applicants must submit written request to the City of Cottage Grove for a trapping permit.

(33) Oregon Dunes National Recreation Area is open to hunting as permitted by the Department but closed to trapping furbearing and unprotected mammals.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 51-2024, amend filed 06/26/2024, effective 06/26/2024
DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022
DFW 176-2019, amend filed 12/12/2019, effective 12/12/2019
DFW 145-2019, temporary amend filed 09/26/2019, effective 09/26/2019 through 03/23/2020
DFW 56-2012, f. & cert. ef. 6-11-12
DFW 83-2008, f. & cert. ef. 7-25-08
DFW 67-2004, f. & cert. ef. 7-13-04
DFW 39-2000, f. & cert. ef. 7-25-00
DFW 62-1998, f. & cert. ef. 8-10-98
FWC 43-1996, f. & cert. ef. 8-12-96
FWC 49-1994, f. & cert. ef. 8-12-94
FWC 60-1992, f. & cert. ef. 7-30-92
FWC 59-1989, f. & cert. ef. 8-15-89
FWC 79-1988, f. & cert. ef. 9-2-88
FWC 48-1986, f. & ef. 8-28-86
FWC 44-1985, f. & ef. 8-22-85
FWC 52-1984, f. & ef. 9-5-84
FWC 9-1984, f. & ef. 3-12-84
FWC 65-1983(Temp), f. & ef. 11-22-83
FWC 27-1983, f. & ef. 7-8-83
FWC 43-1982, f. & ef. 7-9-82
FWC 21-1981, f. & ef. 6-29-81, Renumbered from 635-050-0037
FWC 45-1980, f. & ef. 8-28-80
FWC 35-1980, f. & ef. 7-2-80
FWC 37-1979, f. & ef. 8-29-79
FWC 44-1978, f. & ef. 9-1-78
FWC 140, f. & ef. 8-29-77

Or. Admin. R. 635-050-0300 Contest Prohibition

(1) It is unlawful to organize, sponsor, conduct or participate in a contest that has the objective of killing unprotected mammals native to Oregon.

(2) This rule shall not apply to deny the right of any person to control predatory animals as provided in ORS 610.105.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 104-2023, adopt filed 10/02/2023, effective 10/02/2023

Division 51 GENERAL GAME BIRD REGULATIONS

Or. Admin. R. 635-051-0000 Purpose

(1) The purpose of these rules is to establish dates, areas and other restrictions for hunting game birds pursuant to ORS Chapter 496.

(2) The document entitled “2026-2027 Oregon Game Bird Hunting Regulations,” is incorporated by reference into these rules.

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

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 31-2026, amend filed 04/27/2026, effective 04/27/2026
DFW 33-2025, amend filed 04/28/2025, effective 04/28/2025
DFW 47-2024, amend filed 06/18/2024, effective 06/18/2024
DFW 37-2023, amend filed 05/01/2023, effective 05/01/2023
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 58-2021, amend filed 05/06/2021, effective 05/06/2021
DFW 103-2020, amend filed 08/13/2020, effective 08/13/2020
DFW 60-2020, temporary amend filed 05/19/2020, effective 05/19/2020 through 10/06/2020
DFW 53-2020, temporary amend filed 05/04/2020, effective 05/05/2020 through 10/06/2020
DFW 42-2020, temporary amend filed 04/09/2020, effective 04/10/2020 through 10/06/2020
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 49-2017, f. & cert. ef. 4-24-17
DFW 41-2016, f. & cert. ef. 4-27-16
DFW 105-2015, f. & cert. ef. 8-12-15
DFW 112-2014, f. & cert. ef. 8-4-14
DFW 85-2013, f. & cert. ef. 8-5-13
DFW 103-2012, f. & cert. ef. 8-6-12
DFW 108-2011, f. & cert. ef. 8-5-11
DFW 117 2010, f. & cert. ef. 8-13-10
DFW 93-2009, f. & cert. ef. 8-12-09
DFW 90-2008, f. & cert. ef. 8-13-08
DFW 68-2007, f. & cert. ef. 8-14-07
DFW 81-2006, f. & cert. ef. 8-11-06
DFW 91-2005, f. & cert. ef. 8-19-05
DFW 84-2004, f. & cert. ef. 8-18-04
DFW 84-2003(Temp), f. & cert. ef. 8-26-03 thru 2-20-04
DFW 76-2003, f. & cert. ef. 8-13-03
DFW 88-2002, f. & cert. ef. 8-14-02
DFW 3-2002(Temp), f. & cert. ef. 1-3-02 thru 1-23-02
DFW 73-2001, f. & cert. ef. 8-15-01
DFW 51-2000, f. & cert. ef. 8-22-00
DFW 56-1999, f. & cert. ef. 8-13-99
DFW 75-1998, f. & cert. ef. 9-4-98
DFW 61-1998, f. & cert. ef. 8-10-98
FWC 53-1997, f. & cert. ef. 9-3-97
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 8-1988, f. & cert. ef. 2-24-88

Or. Admin. R. 635-051-0001 Times, Places, Bag Limits, Species, Sex, Manner of Taking

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
Reverted to DFW 117-2010, f. & cert. ef. 8-13-10
DFW 134-2012(Temp), f. 10-16-12, cert. ef. 10-17-12 thru 4-12-13
DFW 105-2012(Temp), f. & cert. ef. 8-10-12 thru 2-6-13
DFW 117-2010, f. & cert. ef. 8-13-10
Reverted to DFW 61-1998, f. & cert. ef. 8-10-98
DFW 57-1999(Temp), f. 8-13-99, cert. ef. 8-16-99 thru 2-11-00
DFW 61-1998, f. & cert. ef. 8-10-98
FWC 44-1993, f. & cert. ef. 8-4-93
FWC 46-1983, f. & ef. 9-19-83
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-051-0003 Stamp Requirements

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 71-1995, f. & cert. ef. 8-31-95
FWC 29-1995, f. & cert. ef. 4-17-95
FWC 58-1994, f. & cert. ef. 9-1-94
FWC 47-1994, f. & cert. ef. 8-3-94
FWC 92-1990, f. & cert. ef. 9-4-90

Or. Admin. R. 635-051-0010 Disguising Sex and Kind

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 105-1989, f. & cert. ef. 9-29-89
FWC 59-1982, f. & ef. 8-30-82
FWC 32-1981, f. & ef. 8-28-81
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-051-0015 Possession and Transportation

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 105-1989, f. & cert. ef. 9-29-89
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-051-0020 Weapons

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 71-1995, f. & cert. ef. 8-31-95
FWC 47-1994, f. & cert. ef. 8-3-94
FWC 44-1993, f. & cert. ef. 8-4-93
FWC 105-1989, f. & cert. ef. 9-29-89
FWC 82-1987, f. & ef. 9-22-87
FWC 64-1985, f. & ef. 10-2-85
Reverted to FWC 51-1984, f. & ef. 9-5-84
FWC 65-1984(Temp), f. & ef. 9-25-84
FWC 51-1984, f. & ef. 9-5-84
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-051-0025 Nontoxic Shot

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 71-1995, f. & cert. ef. 8-31-95
FWC 63-1995, f. & cert. ef. 8-3-95
FWC 98-1991, f. & cert. ef. 9-9-91
FWC 92-1990, f. & cert. ef. 9-4-90
FWC 105-1989, f. & cert. ef. 9-29-89
FWC 80-1988, f. & cert. ef. 9-2-88
FWC 82-1987, f. & ef. 9-22-87
FWC 58-1986, f. & ef. 9-17-86
FWC 64-1985, f. & ef. 10-2-85
FWC 51-1984, f. & ef. 9-5-84
FWC 46-1983, f. & ef. 9-19-83
FWC 59-1982, f. & ef. 8-30-82
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-051-0030 Boats and Motor Vehicles

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 51-1984, f. & ef. 9-5-84
FWC 32-1981, f. & ef. 8-28-81
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-051-0035 Decoys and Calls

Except for purposes of law enforcement or wildlife management, the use of decoys powered by motor, battery, or other self-powered methods is prohibited. Decoys with parts that are moved solely by human action (for example, via a cable or pull-string) or the wind are not affected by this prohibition.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 123-2002, f. 10-25-02, cert. ef. 7-1-03
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-051-0040 Baiting

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 105-1989, f. & cert. ef. 9-29-89
FWC 51-1984, f. & ef. 9-5-84
FWC 46-1983, f. & ef. 9-19-83
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-051-0045 Shooting Hours for Game Birds

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 71-1995, f. & cert. ef. 8-31-95
FWC 58-1994, f. & cert. ef. 9-1-94
FWC 51-1993, f. & cert. ef. 8-25-93
FWC 80-1992, f. & cert. ef. 8-26-92
FWC 92-1990, f. & cert. ef. 9-4-90
FWC 105-1989, f. & cert. ef. 9-29-89
FWC 80-1988, f. & cert. ef. 9-2-88
FWC 82-1987, f. & ef. 9-22-87
FWC 58-1986, f. & ef. 9-17-86
FWC 64-1985, f. & ef. 10-2-85
FWC 51-1984, f. & ef. 9-5-84
FWC 46-1983, f. & ef. 9-19-83
FWC 32-1981, f. & ef. 8-28-81
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-051-0046 Waste

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 46-1983, f. & ef. 9-19-83
FWC 32-1981, f. & ef. 8-28-81

Or. Admin. R. 635-051-0048 Other Restrictions

Except as provided in section (1)(a), (b), (c), (2)–(6) of this rule, it is unlawful: To hunt within the corporate limits of any city or town, public park or cemetery, or on any campus or grounds of a public school, college, or university or from a public road, road right-of-way, or railroad right-of-way.

(1) Migratory game bird hunting is permitted within the city limits of Warrenton in the following described areas: Beginning at the north abutment of the west landing of the Lewis and Clark River Bridge (Alt HWY 101), NW ¼ Section 25, Township 8 Range 10 N, and continue along the city limits at the south edge of the Astoria Regional Airport, southward and westward along Alt HWY 101 following the city limits to the intersection of SE Airport Ln, then northward and westward following the city limits to their intersection with Adams Slough at a point approximately 375 feet north of Airport Lane (SE 12th Pl). Continue in a northerly meander along the western edge of Adams Slough to the Youngs River dike along the north edge of the airport. Left along the dike to Holbrook Slough and south along the eastern edge of Holbrook Slough to the abandoned railroad right of way. Westward along the abandoned railroad right of way to NE King Ave. North along NE King Ave continuing northward until its extension would intersect with the Skipanon Channel. Cross the Skipanon Channel and run northward along the water’s edge to the tip of the peninsula north of the lumber mill, then follow west and south along a line approximately 300 feet from the edge of high water to a tide gate on the dike north of the Warrenton Wastewater Treatment Plant. From here, continue northwesterly and northerly below the river side of the dike extending to Tansy point, then northwesterly through that part of the industrial facility north of Tansy Point to the river side of the highest bank and continuing northwest on the river side of a line defined by the extension of the Warrenton Riverside Trail culminating at the northwestern corner of the BioProducts plant property. From here, the waterborne boundary theoretically extends outward into the river approximately 2,200 feet to a point where it conforms with the city limits east and south to the point of beginning at the Lewis and Clark River Bridge. Beginning at a point in the SE ¼ Section 20, Township 8 Range approximately 80 feet south of the cul de sac of SE Kalmia Ave along the abandoned Wild Ace Lake Road in a southerly meander to the northern end of the southern extension of SE Juniper Ave. Then westerly 500 feet along the south property line of tax lot 810290000200 to the intersection of Delaura Beach Lane and Ridge Road. Continue north along the eastern edge of Ridge Rd 2,600 feet to the northern property line of said tax lot, thence eastward to the point of beginning south of the Kalmia Ave cul de sac. Beginning at the intersection of Alt HWY 101 (HWY 104 Spur) and SE Dolphin Ave., (NW ¼ Section 28, Township 8 Range 10N ) continue south to Highway 101. Southeasterly along Highway 101 to the Skipanon River, and then in a northerly meander along the west bank of the Skipanon to the bridge at Alt HWY 101 (HWY 104 Spur) then east 650 feet to the point of beginning.

(2) Game bird hunting is permitted within the city limits of Dunes City.

(3) Game bird hunting is permitted within the boundary limits of the Klamath Falls Airport.

(4) Waterfowl hunting is permitted in the following portion of Miami Cove lying within the city limits of Garibaldi: That land in the east one-half of the northwest quarter of Section 22, Township 1 North, Range 10 West, Willamette Meridian, lying south of Coast Highway 101, and in the east one-half of the southwest quarter of Section 22, Township 1 North, Range 10 West, lying north and west of Coast Highway 101, provided that no hunting be permitted within 100 yards of any residence or commercial structure.

(5) Waterfowl hunting is allowed within a portion of Coos Bay City limits as described in Coos Bay City Ordinance number 100, section 3(2)(a) as of August 3, 2007.

(6) Waterfowl hunting is allowed within Boardman City limits as described in City of Boardman Resolution 4-2011 as of January 19, 2011.

(7) No person shall take any game bird or destroy the eggs or nests of any game bird without a permit issued by the department.

(8) Notwithstanding the prohibition in paragraph (7):

(a) If registered through the Resident Canada Goose Nest and Egg Registration Site of the U.S. Fish and Wildlife Service (https://epermits.fws.gov/eRCGR/geSI.aspx), any person may destroy the eggs or nests of resident Canada geese:

(A) Inside incorporated cities or urban growth boundaries; or

(B) On golf courses, parks or other highly developed recreational areas outside incorporated cities or urban growth boundaries.

(b) The U.S. Fish and Wildlife Service, or anyone issued a depredation permit by the USFWS, may take any migratory game bird, its eggs or nest for the purpose of protecting public health or safety, to address public nuisance or to deal with crop depredation. Any migratory game bird captured for the purpose of translocation must be reported to the department and the translocation site approved by the department prior to release.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 112-2014, f. & cert. ef. 8-4-14
DFW 103-2012, f. & cert. ef. 8-6-12
DFW 108-2011, f. & cert. ef. 8-5-11
Reverted to DFW 90-2008, f. & cert. ef. 8-13-08
DFW 5-2011(Temp), f. & cert. ef. 1-19-11 thru 7-15-11
DFW 90-2008, f. & cert. ef. 8-13-08
DFW 37-2008(Temp), f. & cert. ef. 4-21-08 thru 10-17-08
DFW 68-2007, f. & cert. ef. 8-14-07
Reverted to DFW 84-2004, f. & cert. ef. 8-18-04
DFW 116-2006(Temp), f. & cert. ef. 10-12-06 thru 4-10-07
DFW 84-2004, f. & cert. ef. 8-18-04
DFW 61-1998, f. & cert. ef. 8-10-98
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 51-1993, f. & cert. ef. 8-25-93
FWC 80-1992, f. & cert. ef. 8-26-92
FWC 92-1990, f. & cert. ef. 9-4-90
FWC 105-1989, f. & cert. ef. 9-29-89
FWC 80-1988, f. & cert. ef. 9-2-88
FWC 58-1986, f. & ef. 9-17-86
FWC 64-1985, f. & ef. 10-2-85
FWC 51-1984, f. & ef. 9-5-84
FWC 9-1984, f. & ef. 3-12-84
FWC 65-1983(Temp), f. & ef. 11-22-83
FWC 46-1983, f. & ef. 9-19-83

Or. Admin. R. 635-051-0050 Federal Refuges

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 50-1996, f. & cert. ef. 8-30-96
FWC 71-1995, f. & cert. ef. 8-31-95
FWC 63-1995, f. & cert. ef. 8-3-95
FWC 58-1994, f. & cert. ef. 9-1-94
FWC 51-1993, f. & cert. ef. 8-25-93
FWC 80-1992, f. & cert. ef. 8-26-92
FWC 98-1991, f. & cert. ef. 9-9-91
FWC 92-1990, f. & cert. ef. 9-4-90
FWC 105-1989, f. & cert. ef. 9-29-89
FWC 80-1988, f. & cert. ef. 9-2-88
FWC 82-1987, f. & ef. 9-22-87
FWC 58-1986, f. & ef. 9-17-86
FWC 64-1985, f. & ef. 10-2-85
FWC 51-1984, f. & ef. 9-5-84
FWC 46-1983, f. & ef. 9-19-83
FWC 59-1982, f. & ef. 8-30-82
FWC 32-1981, f. & ef. 8-28-81
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-051-0055 State Refuges Open to Hunting

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 44-1993, f. & cert. ef. 8-4-93
FWC 69-1992, f. & cert. ef. 8-7-92
FWC 98-1991, f. & cert. ef. 9-9-91
FWC 92-1990, f. & cert. ef. 9-4-90
FWC 75-1990, f. & cert. ef. 8-1-90
FWC 105-1989, f. & cert. ef. 9-29-89
FWC 60-1989, f. & cert. ef. 8-15-89
FWC 80-1988, f. & cert. ef. 9-2-88
FWC 82-1987, f. & ef. 9-22-87
FWC 58-1986, f. & ef. 9-17-86
FWC 64-1985, f. & ef. 10-2-85
FWC 51-1984, f. & ef. 9-5-84
FWC 46-1983, f. & ef. 9-19-83
FWC 59-1982, f. & ef. 8-30-82
FWC 32-1981, f. & ef. 8-28-81
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-051-0060 Areas Closed to Hunting and Exceptions

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 21-1981, f. & ef. 6-29-81; FWC 32-1981, f. & ef. 8-28-81; FWC 59-1982, f. & ef. 8-30-82; FWC 46-1983, f. & ef. 9-19-83; FWC 51-1984, f. & ef. 9-5-84; FWC 64-1985, f. & ef. 10-2-85, FWC 58-1986, f. & ef. 9-17-86; FWC 82-1987, f. & ef. 9-22-87; FWC 80-1988, f. & cert. ef. 9-2-88; FWC 105-1989, f. & cert. ef. 9-29-89; FWC 92-1990, f. & cert. ef. 9-4-90; FWC 98-1991, f. & cert. ef. 9-9-91; FWC 80-1992, f. & cert. ef. 8-26-92; FWC 51-1993, f. & cert. ef. 8-25-93; FWC 58-1995, f. & cert. ef. 9-1-95; FWC 71-1995, f. & cert. ef. 8-31-95; FWC 50-1996, f. & cert. ef. 8-30-96; FWC 70-1996, f. & cert. ef. 12-20-96

Or. Admin. R. 635-051-0065 State Wildlife Area Regulations

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
Reverted to FWC 45-1997, f. & cert. ef. 8-13-97
DFW 117-2011(Temp), f. & cert. ef. 8-19-11 thru 9-19-11
Reverted to FWC 45-1997, f. & cert. ef. 8-13-97
FWC 63-1997(Temp), f. & cert. ef. 10-7-97
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 50-1996, f. & cert. ef. 8-30-96
FWC 42-1996, f. & cert. ef. 8-12-96
FWC 71-1995, f. & cert. ef. 8-31-95
FWC 63-1995, f. & cert. ef. 8-3-95
FWC 58-1994, f. & cert. ef. 9-1-94
FWC 47-1994, f. & cert. ef. 8-3-94
FWC 51-1993, f. & cert. ef. 8-25-93
FWC 44-1993, f. & cert. ef. 8-4-93
FWC 80-1992, f. & cert. ef. 8-26-92
FWC 69-1992, f. & cert. ef. 8-7-92
FWC 98-1991, f. & cert. ef. 9-9-91
FWC 78-1991, f. & cert. ef. 7-29-91
Reverted to FWC 92-1990, f. & cert. ef. 9-4-90
FWC 119-1990(Temp), f. & cert. ef. 10-31-90
FWC 115-1990(Temp), f. & cert. ef. 10-11-90
FWC 92-1990, f. & cert. ef. 9-4-90
FWC 105-1989, f. & cert. ef. 9-29-89
FWC 60-1989, f. & cert. ef. 8-15-89
FWC 80-1988, f. & cert. ef. 9-2-88
FWC 82-1987, f. & ef. 9-22-87
FWC 58-1986, f. & ef. 9-17-86
FWC 64-1985, f. & ef. 10-2-85
FWC 51-1984, f. & ef. 9-5-84
FWC 46-1983, f. & ef. 9-19-83
FWC 70-1982, f. & ef. 10-8-82
FWC 59-1982, f. & ef. 8-30-82
FWC 32-1981, f. & ef. 8-28-81
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-051-0070 Regulated Hunting Areas

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
Reverted to FWC 53-1997, f. & cert. ef. 9-3-97
DFW 146-2005(Temp), f. & cert. ef. 12-20-05 thru 1-31-06
FWC 53-1997, f. & cert. ef. 9-3-97
FWC 45-1997, f. & cert. ef. 8-13-97
Reverted to FWC 50-1996, f. & cert. ef. 8-30-96
FWC 63-1996(Temp), f. 11-8-96, cert. ef. 11-9-96
FWC 50-1996, f. & cert. ef. 8-30-96
FWC 71-1995, f. & cert. ef. 8-31-95
FWC 58-1994, f. & cert. ef. 9-1-94
FWC 51-1993, f. & cert. ef. 8-25-93
FWC 80-1992, f. & cert. ef. 8-26-92
FWC 98-1991, f. & cert. ef. 9-9-91
FWC 92-1990, f. & cert. ef. 9-4-90
FWC 105-1989, f. & cert. ef. 9-29-89
FWC 80-1988, f. & cert. ef. 9-2-88
FWC 82-1987, f. & ef. 9-22-87
FWC 58-1986, f. & ef. 9-17-86
FWC 64-1985, f. & ef. 10-2-85
Reverted to FWC 51-1984, f. & ef. 9-5-84
FWC 74-1984(Temp), f. & ef. 11-1-84
FWC 51-1984, f. & ef. 9-5-84
FWC 50-1983(Temp), f. & ef. 9-30-83

Or. Admin. R. 635-051-0073 Upland Cooperative Access Program

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 71-1995, f. & cert. ef. 8-31-95

Or. Admin. R. 635-051-0100 Western Oregon Fee Pheasant Hunts

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 78-1991, f. & cert. ef. 7-29-91; FWC 69-1992, f. & cert. ef. 8-7-92; FWC 44-1993, f. & cert. ef. 8-4-93; FWC 51-1993, f. & cert. ef. 8-25-93; FWC 47-1994, f. & cert. ef. 8-3-94; FWC 58-1994, f. & 9-1-94; FWC 63-1995, f. & cert. ef. 8-3-95; FWC 71-1995, f. & cert. ef. 8-31-95; FWC 42-1996, f. & cert. ef. 8-12-96; FWC 50-1996, f. & cert. ef. 8-30-96

Division 52 MIGRATORY UPLAND GAME BIRD REGULATIONS

Or. Admin. R. 635-052-0000 Purpose

(1) The purpose of these rules is to establish season dates, areas, bag limits, and other restrictions for migratory upland game birds pursuant to ORS Chapter 496.

(2) The document entitled “2026-2027 Oregon Game Bird Hunting Regulations,” is incorporated by reference into these rules.

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

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 31-2026, amend filed 04/27/2026, effective 04/27/2026
DFW 33-2025, amend filed 04/28/2025, effective 04/28/2025
DFW 47-2024, amend filed 06/18/2024, effective 06/18/2024
DFW 37-2023, amend filed 05/01/2023, effective 05/01/2023
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 58-2021, amend filed 05/06/2021, effective 05/06/2021
DFW 103-2020, amend filed 08/13/2020, effective 08/13/2020
DFW 60-2020, temporary amend filed 05/19/2020, effective 05/19/2020 through 10/06/2020
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 49-2017, f. & cert. ef. 4-24-17
DFW 41-2016, f. & cert. ef. 4-27-16
DFW 105-2015, f. & cert. ef. 8-12-15
DFW 112-2014, f. & cert. ef. 8-4-14
DFW 85-2013, f. & cert. ef. 8-5-13
DFW 103-2012, f. & cert. ef. 8-6-12 FWC 61-1988, f. & cert. ef. 7-28-88; FWC 45-1997, f. & cert. ef. 8-13-97; DFW 61-1998, f. & cert. ef. 8-10-98; DFW 56-1999, f. & cert. ef. 8-13-99; DFW 82-1999(Temp), f. & cert. ef. 10-25-99 thru 2-1-00; DFW 51-2000, f. & cert. ef. 8-22-00; DFW 73-2001, f. & cert. ef. 8-15-01; DFW 88-2002, f. & cert. ef. 8-14-02; DFW 76-2003, f. & cert. ef. 8-13-03; DFW 84-2004, f. & cert. ef. 8-18-04; DFW 91-2005, f. & cert. ef. 8-19-05; DFW 81-2006, f. & cert. ef. 8-11-06; DFW 68-2007, f. & cert. ef. 8-14-07; DFW 90-2008, f. & cert. ef. 8-13-08; DFW 93-2009, f. & cert. ef. 8-12-09; DFW 117 2010, f. & cert. ef. 8-13-10; DFW 108-2011, f. & cert. ef. 8-5-11

Or. Admin. R. 635-052-0001 Mourning Dove Season

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 42-1996, f. & cert. ef. 8-12-96
FWC 63-1995, f. & cert. ef. 8-3-95
FWC 47-1994, f. & cert. ef. 8-3-94
FWC 44-1993, f. & cert. ef. 8-4-93
FWC 70-1992, f. & cert. ef. 8-7-92
FWC 79-1991, f. & cert. ef. 7-29-91
FWC 76-1990, f. & cert. ef. 8-1-90
FWC 61-1989, f. & cert. ef. 8-15-89
FWC 54-1987, f. & ef. 7-23-87
FWC 48-1986, f. & ef. 8-28-86
FWC 64-1985, f. & ef. 10-2-85
FWC 51-1984, f. & ef. 9-5-84
FWC 47-1984, f. & ef. 8-31-84
FWC 27-1983, f. & ef. 7-8-83
FWC 61-1982, f. & ef. 9-3-82
FWC 59-1982, f. & ef. 8-30-82
FWC 53-1982, f. & ef. 8-10-82
FWC 42-1982, f. & ef. 7-9-82
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-052-0005 Band-tailed Pigeon Season

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 42-1996, f. & cert. ef. 8-12-96
FWC 63-1995, f. & cert. ef. 8-3-95
FWC 47-1994, f. & cert. ef. 8-3-94
FWC 44-1993, f. & cert. ef. 8-4-93
FWC 70-1992, f. & cert. ef. 8-7-92
FWC 79-1991, f. & cert. ef. 7-29-91
Reverted to FWC 76-1990, f. & cert. ef. 8-1-90
FWC 4-1991(Temp), f. & cert. ef. 1-25-91
FWC 76-1990, f. & cert. ef. 8-1-90
FWC 61-1989, f. & cert. ef. 8-15-89
FWC 61-1988, f. & cert. ef. 7-28-88
FWC 54-1987, f. & ef. 7-23-87
FWC 48-1986, f. & ef. 8-28-86
FWC 64-1985, f. & ef. 10-2-85
FWC 51-1984, f. & ef. 9-5-84
FWC 47-1984, f. & ef. 8-31-84
FWC 27-1983, f. & ef. 7-8-83
FWC 59-1982, f. & ef. 8-30-82
FWC 42-1982, f. & ef. 7-9-82
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-052-0010 Special Falconry Season

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 32-1981, f. & ef. 8-28-81; FWC 27-1983, f. & ef. 7-8-83; FWC 47-1984, f. & ef. 8-31-84; FWC 51-1984, f. & ef. 9-5-84; FWC 64-1985, f. & ef. 10-2-85; FWC 48-1986, f. & ef. 8-28-86; FWC 54-1987, f. & ef. 7-23-87; FWC 67-1987 (Temp), f. & ef. 8-20-87; FWC 61-1988, f. & cert. ef. 7-28-88; FWC 61-1989, f. & cert. ef. 8-15-89; FWC 76-1990, f. & cert. ef. 8-1-90; FWC 79-1991, f. & cert. ef. 7-29-91; FWC 70-1992, f. & cert. ef. 8-7-92; FWC 44-1993, f. & cert. ef. 8-4-93; FWC 47-1994, f. & cert. ef. 8-3-94; FWC 63-1995, f. & cert. ef. 8-3-95; FWC 42-1996, f. & cert. ef. 8-12-96

Division 53 UPLAND GAME BIRD REGULATIONS

Or. Admin. R. 635-053-0000 Temporary rule language in effect until 10/01/2026. Purpose

(1) The purpose of these rules is to establish season dates, bag limits, areas and other restrictions for hunting upland game birds pursuant to ORS Chapter 496.

(2) The document entitled “2026-2027 Oregon Game Bird Hunting Regulations,” is incorporated by reference into these rules.

(3) Notwithstanding the provisions of the 2026-27 Oregon Game Bird Hunting Regulations, the 2026 Sage-grouse controlled hunt permit numbers for the controlled hunt areas listed on page 21 and Table 1 (see attached table) are changed as follows:

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

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 81-2026, temporary amend filed 08/06/2026, effective 08/07/2026 through 10/01/2026
DFW 31-2026, amend filed 04/27/2026, effective 04/27/2026
DFW 72-2025, amend filed 08/19/2025, effective 08/19/2025
DFW 50-2025, temporary amend filed 07/01/2025, effective 07/01/2025 through 08/10/2025
DFW 33-2025, amend filed 04/28/2025, effective 04/28/2025
DFW 66-2024, temporary amend filed 08/02/2024, effective 08/02/2024 through 01/28/2025
DFW 47-2024, amend filed 06/18/2024, effective 06/18/2024
DFW 78-2023, temporary amend filed 08/08/2023, effective 08/08/2023 through 02/01/2024
DFW 37-2023, amend filed 05/01/2023, effective 05/01/2023
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 58-2021, amend filed 05/06/2021, effective 05/06/2021
DFW 103-2020, amend filed 08/13/2020, effective 08/13/2020
DFW 60-2020, temporary amend filed 05/19/2020, effective 05/19/2020 through 10/06/2020
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 49-2017, f. & cert. ef. 4-24-17
FWC 81-1988, f. & cert. ef. 9-2-88; FWC 33-1996, f. & cert. ef. 6-7-96; FWC 45-1997, f. & cert. ef. 8-13-97; DFW 61-1998, f. & cert. ef. 8-10-98; DFW 75-1998, f. & cert. ef. 9-4-98; DFW 56-1999, f. & cert. ef. 8-13-99; DFW 82-1999(Temp), f. & cert. ef. 10-25-99 thru 2-1-00; DFW 51-2000, f. & cert. ef. 8-22-00; DFW 73-2001, f. & cert. ef. 8-15-01; DFW 3-2002(Temp), f. & cert. ef. 1-3-02 thru 1-23-02; DFW 88-2002, f. & cert. ef. 8-14-02; DFW 76-2003, f. & cert. ef. 8-13-03; DFW 2-2004(Temp), f. 1-13-04, cert. ef. 1-16-04 thru 1-31-04; DFW 84-2004, f. & cert. ef. 8-18-04; DFW 91-2005, f. & cert. ef. 8-19-05; DFW 81-2006, f. & cert. ef. 8-11-06; DFW 68-2007, f. & cert. ef. 8-14-07; DFW 90-2008, f. & cert. ef. 8-13-08; DFW 93-2009, f. & cert. ef. 8-12-09; DFW 117 2010, f. & cert. ef. 8-13-10; DFW 108-2011, f. & cert. ef. 8-5-11; DFW 103-2012, f. & cert. ef. 8-6-12; DFW 85-2013, f. & cert. ef. 8-5-13; DFW 112-2014, f. & cert. ef. 8-4-14; DFW 105-2015, f. & cert. ef. 8-12-15; DFW 41-2016, f. & cert. ef. 4-27-16

Or. Admin. R. 635-053-0001 Blue and Ruffed Grouse Season

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 33-1996, f. & cert. ef. 6-7-96
FWC 63-1995, f. & cert. ef. 8-3-95
FWC 47-1994, f. & cert. ef. 8-3-94
FWC 44-1993, f. & cert. ef. 8-4-93
FWC 71-1992, f. & cert. ef. 8-7-92
FWC 80-1991, f. & cert. ef. 7-29-91
FWC 77-1990, f. & cert. ef. 8-1-90
FWC 62-1989, f. & cert. ef. 8-15-89
FWC 81-1988, f. & cert. ef. 9-2-88
FWC 83-1987, f. & ef. 9-22-87
FWC 58-1986, f. & ef. 9-17-86
FWC 64-1985, f. & ef. 10-2-85
FWC 51-1984, f. & ef. 9-5-84
FWC 47-1984, f. & ef. 8-31-84
FWC 46-1983, f. & ef. 9-19-83
FWC 32-1981, f. & ef. 8-28-81
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-053-0005 Sage Grouse

[Reserved]

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 96-2022, temporary amend filed 07/27/2022, effective 07/27/2022 through 01/21/2023
DFW 115-2021, temporary amend filed 08/09/2021, effective 08/09/2021 through 02/04/2022
DFW 101-2020, temporary amend filed 08/10/2020, effective 08/10/2020 through 12/31/2020
DFW 104-2019, temporary amend filed 07/25/2019, effective 07/25/2019 through 01/20/2020
DFW 110-2018, temporary amend filed 08/07/2018, effective 08/07/2018 through 09/30/2018
DFW 106-2017(Temp), f. & cert. ef. 8-8-17 thru 2-2-18
FWC 21-1981, f. & ef. 6-29-81; FWC 59-1982, f. & ef. 8-30-82; FWC 27-1983, f. & ef. 7-8-83; FWC 46-1983, f. & ef. 9-19-83; FWC 47-1984, f. & ef. 8-31-84; FWC 51-1984, f. & ef. 9-5-84; FWC 64-1985, f. & ef. 10-2-85; FWC 106-1989, f. & cert. ef. 9-29-89; FWC 77-1990, f. & cert. ef. 8-1-90; FWC 80-1991, f. & cert. ef. 7-29-91; FWC 71-1992, f. & cert. ef. 8-7-92; FWC 44-1993, f. & cert. ef. 8-4-93; FWC 47-1994, f. & cert. ef. 8-3-94; FWC 58-1994, f. & cert. ef. 9-1-94, FWC 63-1995, f. & cert. ef. 8-3-95; FWC 33-1996, f. & cert. ef. 6-7-96; FWC 45-1997, f. & cert. ef. 8-13-97; DFW 105-2012(Temp), f. & cert. ef. 8-10-12 thru 2-6-13; Administrative correction, 2-25-13; DFW 103-2016(Temp), f. & cert. ef. 8-8-16 thru 2-3-17; Administrative correction, 6-5-17

Or. Admin. R. 635-053-0010 Ring-necked Pheasant

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 33-1996, f. & cert. ef. 6-7-96
FWC 71-1995, f. & cert. ef. 8-31-95
FWC 58-1994, f. & cert. ef. 9-1-94
FWC 51-1993, f. & cert. ef. 8-25-93
FWC 81-1992, f. & cert. ef. 8-26-92
FWC 99-1991, f. & cert. ef. 9-9-91
FWC 93-1990, f. & cert. ef. 9-4-90
FWC 106-1989, f. & cert. ef. 9-29-89
FWC 81-1988, f. & cert. ef. 9-2-88
FWC 83-1987, f. & ef. 9-22-87
FWC 58-1986, f. & ef. 9-17-86
FWC 74-1985(Temp), f. & ef. 12-4-85
FWC 64-1985, f. & ef. 10-2-85
FWC 51-1984, f. & ef. 9-5-84
FWC 46-1983, f. & ef. 9-19-83
FWC 59-1982, f. & ef. 8-30-82
FWC 32-1981, f. & ef. 8-28-81
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-053-0015 California Quail

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 117-2010, f. & cert. ef. 8-13-10
Reverted to FWC 45-1997, f. & cert. ef. 8-13-97
DFW 2-2004(Temp), f. 1-13-04, cert. ef. 1-16-04 thru 1-31-04
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 33-1996, f. & cert. ef. 6-7-96
FWC 71-1995, f. & cert. ef. 8-31-95
FWC 63-1995, f. & cert. ef. 8-3-95
FWC 58-1994, f. & cert. ef. 9-1-94
FWC 51-1993, f. & cert. ef. 8-25-93
FWC 81-1992, f. & cert. ef. 8-26-92
FWC 99-1991, f. & cert. ef. 9-9-91
FWC 93-1990, f. & cert. ef. 9-4-90
FWC 106-1989, f. & cert. ef. 9-29-89
FWC 81-1988, f. & cert. ef. 9-2-88
FWC 83-1987, f. & ef. 9-22-87
FWC 58-1986, f. & ef. 9-17-86
Reverted to FWC 64-1985, f. & ef. 10-2-85
FWC 74-1985(Temp), f. & ef. 12-4-85
FWC 64-1985, f. & ef. 10-2-85
FWC 51-1984, f. & ef. 9-5-84
FWC 46-1983, f. & ef. 9-19-83
FWC 59-1982, f. & ef. 8-30-82
FWC 32-1981, f. & ef. 8-28-81
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-053-0020 Mountain Quail

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 33-1996, f. & cert. ef. 6-7-96
FWC 71-1995, f. & cert. ef. 8-31-95
FWC 63-1995, f. & cert. ef. 8-3-95
FWC 58-1994, f. & cert. ef. 9-1-94
FWC 47-1994, f. & cert. ef. 8-3-94
FWC 51-1993, f. & cert. ef. 8-25-93
FWC 44-1993, f. & cert. ef. 8-4-93
FWC 81-1992, f. & cert. ef. 8-26-92
FWC 71-1992, f. & cert. ef. 8-7-92
FWC 99-1991, f. & cert. ef. 9-9-91
FWC 80-1991, f. & cert. ef. 7-29-91
FWC 93-1990, f. & cert. ef. 9-4-90
FWC 77-1990, f. & cert. ef. 8-1-90
FWC 106-1989, f. & cert. ef. 9-29-89
FWC 62-1989, f. & cert. ef. 8-15-89
FWC 81-1988, f. & cert. ef. 9-2-88
FWC 83-1987, f. & ef. 9-22-87
FWC 58-1986, f. & ef. 9-17-86
Reverted to FWC 64-1985, f. & ef. 10-2-85
FWC 74-1985(Temp), f. & ef. 12-4-85
FWC 64-1985, f. & ef. 10-2-85
FWC 51-1984, f. & ef. 9-5-84
FWC 46-1983, f. & ef. 9-19-83
FWC 59-1982, f. & ef. 8-30-82
FWC 32-1981, f. & ef. 8-28-81
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-053-0025 Chukar and Hungarian Partridge

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 117-2010, f. & cert. ef. 8-13-10
Reverted to FWC 45-1997, f. & cert. ef. 8-13-97
DFW 2-2004(Temp), f. 1-13-04, cert. ef. 1-16-04 thru 1-31-04
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 33-1996, f. & cert. ef. 6-7-96
FWC 71-1995, f. & cert. ef. 8-31-95
FWC 58-1994, f. & cert. ef. 9-1-94
FWC 51-1993, f. & cert. ef. 8-25-93
Reverted to FWC 81-1992, f. & cert. ef. 8-26-92
FWC 2-1993(Temp), f. 1-15-93, cert. ef. 1-16-93
FWC 81-1992, f. & cert. ef. 8-26-92
FWC 99-1991, f. & cert. ef. 9-9-91
FWC 93-1990, f. & cert. ef. 9-4-90
FWC 106-1989, f. & cert. ef. 9-29-89
FWC 81-1988, f. & cert. ef. 9-2-88
FWC 83-1987, f. & ef. 9-22-87
FWC 58-1986, f. & ef. 9-17-86
Reverted to FWC 64-1985, f. & ef. 10-2-85
FWC 74-1985(Temp), f. & ef. 12-4-85
FWC 64-1985, f. & ef. 10-2-85
FWC 51-1984, f. & ef. 9-5-84
FWC 46-1983, f. & ef. 9-19-83
FWC 59-1982, f. & ef. 8-30-82
FWC 32-1981, f. & ef. 8-28-81
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-053-0035 Wild Turkey

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
Reverted to FWC 45-1997, f. & cert. ef. 8-13-97
DFW 5-2013(Temp), f. & cert. ef. 1-23-13 thru 7-21-13
Reverted to FWC 45-1997, f. & cert. ef. 8-13-97
DFW 161-2011(Temp), f. & cert. ef. 12-21-11 thru 6-1-12
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 33-1996, f. & cert. ef. 6-7-96
FWC 58-1994, f. & cert. ef. 9-1-94
FWC 51-1993, f. & cert. ef. 8-25-93
FWC 44-1993, f. & cert. ef. 8-4-93
FWC 81-1992, f. & cert. ef. 8-26-92
FWC 99-1991, f. & cert. ef. 9-9-91
FWC 93-1990, f. & cert. ef. 9-4-90
FWC 106-1989, f. & cert. ef. 9-29-89
FWC 26-1989(Temp), f. & cert. ef. 4-11-89
FWC 81-1988, f. & cert. ef. 9-2-88
FWC 83-1987, f. & ef. 9-22-87
FWC 58-1986, f. & ef. 9-17-86
FWC 64-1985, f. & ef. 10-2-85
FWC 51-1984, f. & ef. 9-5-84
FWC 46-1983, f. & ef. 9-19-83
FWC 59-1982, f. & ef. 8-30-82
FWC 43-1981, f. & ef. 11-30-81
FWC 32-1981, f. & ef. 8-28-81
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-053-0036 Spring Gobbler Season

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 33-1996, f. & cert. ef. 6-7-96
FWC 71-1995, f. & cert. ef. 8-3-95
FWC 58-1994, f. & cert. ef. 9-1-94
FWC 51-1993, f. & cert. ef. 8-25-93
FWC 44-1993, f. & cert. ef. 8-4-93

Or. Admin. R. 635-053-0037 Controlled Fall Turkey Season

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 42-1996, f. & cert. ef. 8-12-96
FWC 33-1996, f. & cert. ef. 6-7-96
FWC 63-1995, f. & cert. ef. 8-3-95
FWC 58-1994, f. & cert. ef. 9-1-94
FWC 47-1994, f. & cert. ef. 8-3-94
FWC 44-1993, f. & cert. ef. 8-4-93

Or. Admin. R. 635-053-0045 Special Falconry Season

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 33-1996, f. & cert. ef. 6-7-96
FWC 63-1995, f. & cert. ef. 8-3-95
FWC 47-1994, f. & cert. ef. 8-3-94
FWC 51-1993, f. & cert. ef. 8-25-93
FWC 81-1992, f. & cert. ef. 8-26-92
FWC 99-1991, f. & cert. ef. 9-9-91
FWC 93-1990, f. & cert. ef. 9-4-90
FWC 106-1989, f. & cert. ef. 9-29-89
FWC 83-1987, f. & ef. 9-22-87
FWC 58-1986, f. & ef. 9-17-86
FWC 64-1985, f. & ef. 10-2-85
FWC 51-1984, f. & ef. 9-5-84
FWC 46-1983, f. & ef. 9-19-83
FWC 59-1982, f. & ef. 8-30-82
FWC 32-1981, f. & ef. 8-28-81

Division 54 WATERFOWL, WILSON’S SNIPE AND CROW REGULATIONS

Or. Admin. R. 635-054-0000 Purpose

(1) The purpose of these rules is to establish season dates, bag limits, areas and other restrictions for hunting ducks, geese, coots, Wilson’s snipe and crow pursuant to ORS Chapter 496.

(2) The document entitled “2026-2027 Oregon Game Bird Hunting Regulations,” is incorporated by reference into these rules.

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

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 31-2026, amend filed 04/27/2026, effective 04/27/2026
DFW 33-2025, amend filed 04/28/2025, effective 04/28/2025
DFW 47-2024, amend filed 06/18/2024, effective 06/18/2024
DFW 37-2023, amend filed 05/01/2023, effective 05/01/2023
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 58-2021, amend filed 05/06/2021, effective 05/06/2021
DFW 103-2020, amend filed 08/13/2020, effective 08/13/2020
DFW 60-2020, temporary amend filed 05/19/2020, effective 05/19/2020 through 10/06/2020
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 49-2017, f. & cert. ef. 4-24-17
FWC 82-1988, f. & cert. ef. 9-2-88; FWC 45-1997, f. & cert. ef. 8-13-97; FWC 53-1997, f. & cert. ef. 9-3-97; DFW 61-1998, f. & cert. ef. 8-10-98; DFW 75-1998, f. & cert. ef. 9-4-98; DFW 95-1998(Temp), f. & cert. ef. 12-1-98 thru 12-18-98; DFW 98-1998(Temp), f. & cert. ef. 12-18-98 thru 2-28-99; DFW 56-1999, f. & cert. ef. 8-13-99; DFW 82-1999(Temp), f. & cert. ef. 10-25-99 thru 2-1-00; DFW 51-2000, f. & cert. ef. 8-22-00; DFW 73-2001, f. & cert. ef. 8-15-01; DFW 99-2001(Temp), f. & cert. ef. 10-12-01 thru 4-10-02; DFW 3-2002(Temp), f. & cert. ef. 1-3-02 thru 1-23-02; DFW 88-2002, f. & cert. ef. 8-14-02; DFW 76-2003, f. & cert. ef. 8-13-03; DFW 84-2004, f. & cert. ef. 8-18-04; DFW 87-2004(Temp), f. & cert. ef. 8-18-04 thru 9-16-04; Administrative correction, 10-25-04; DFW 91-2005, f. & cert. ef. 8-19-05; DFW 81-2006, f. & cert. ef. 8-11-06; DFW 68-2007, f. & cert. ef. 8-14-07; DFW 90-2008, f. & cert. ef. 8-13-08; DFW 93-2009, f. & cert. ef. 8-12-09; DFW 117 2010, f. & cert. ef. 8-13-10; DFW 108-2011, f. & cert. ef. 8-5-11; DFW 103-2012, f. & cert. ef. 8-6-12; DFW 85-2013, f. & cert. ef. 8-5-13; DFW 112-2014, f. & cert. ef. 8-4-14; DFW 105-2015, f. & cert. ef. 8-12-15; DFW 41-2016, f. & cert. ef. 4-27-16

Or. Admin. R. 635-054-0001 Ducks (Including Mergansers)

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 50-1996, f. & cert. ef. 8-30-96
FWC 71-1995, f. & cert. ef. 8-31-95
FWC 58-1994, f. & cert. ef. 9-1-94
FWC 51-1993, f. & cert. ef. 8-25-93
FWC 82-1992, f. & cert. ef. 8-26-92
FWC 100-1991, f. & cert. ef. 9-9-91
FWC 94-1990, f. & cert. ef. 9-4-90
FWC 107-1989, f. & cert. ef. 9-2-89
Reverted to FWC 82-1988, f. & cert. ef. 9-2-88
FWC 87-1988(Temp), f. & cert. ef. 9-14-88
FWC 82-1988, f. & cert. ef. 9-2-88
FWC 84-1987, f. & ef. 9-22-87
FWC 58-1986, f. & ef. 9-17-86
FWC 64-1985, f. & ef. 10-2-85
FWC 51-1984, f. & ef. 9-5-84
FWC 46-1983, f. & ef. 9-19-83
FWC 59-1982, f. & ef. 8-30-82
FWC 32-1981, f. & ef. 8-28-81
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-054-0015 Coot

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 50-1996, f. & cert. ef. 8-30-96
FWC 100-1991, f. & cert. ef. 9-9-91
FWC 51-1984, f. & ef. 9-5-84
FWC 46-1983, f. & ef. 9-19-83
FWC 59-1982, f. & ef. 8-30-82
FWC 32-1981, f. & ef. 8-28-81
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-054-0020 Wilson’s Snipe

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 108-2011, f. & cert. ef. 8-5-11
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 50-1996, f. & cert. ef. 8-30-96
FWC 71-1995, f. & cert. ef. 8-31-95
FWC 58-1994, f. & cert. ef. 9-1-94
FWC 51-1993, f. & cert. ef. 8-25-93
FWC 82-1992, f. & cert. ef. 8-26-92
FWC 100-1991, f. & cert. ef. 9-9-91
FWC 94-1990, f. & cert. ef. 9-4-90
FWC 107-1989, f. & cert. ef. 9-2-89
FWC 51-1984, f. & ef. 9-5-84
FWC 59-1982, f. & ef. 8-30-82
FWC 32-1981, f. & ef. 8-28-81
FWC 21-1981, f. & ef. 6-29-81

Or. Admin. R. 635-054-0025 Special Falconry Season

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 50-1996, f. & cert. ef. 8-30-96
FWC 42-1996, f. & cert. ef. 8-12-96
FWC 71-1995, f. & cert. ef. 8-31-95
FWC 63-1995, f. & cert. ef. 8-3-95
FWC 58-1994, f. & cert. ef. 9-1-94
FWC 47-1994, f. & cert. ef. 8-3-94
FWC 51-1993, f. & cert. ef. 8-25-93
FWC 82-1992, f. & cert. ef. 8-26-92
Reverted to FWC 100-1991, f. & cert. ef. 9-9-91
FWC 117-1991(Temp), f. & cert. ef. 10-4-91
FWC 100-1991, f. & cert. ef. 9-9-91
Reverted to FWC 94-1990, f. & cert. ef. 9-4-90
FWC 103-1990(Temp), f. & cert. ef. 9-20-90
FWC 94-1990, f. & cert. ef. 9-4-90
FWC 107-1989, f. & cert. ef. 9-2-89
FWC 82-1988, f. & cert. ef. 9-2-88
FWC 84-1987, f. & ef. 9-22-87
FWC 58-1986, f. & ef. 9-17-86
FWC 64-1985, f. & ef. 10-2-85
FWC 51-1984, f. & ef. 9-5-84
FWC 46-1983, f. & ef. 9-19-83
FWC 61-1982, f. & ef. 9-3-82
FWC 59-1982, f. & ef. 8-30-82
FWC 32-1981, f. & ef. 8-28-81

Or. Admin. R. 635-054-0030 Black Brant

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 50-1996, f. & cert. ef. 8-30-96
FWC 71-1995, f. & cert. ef. 8-31-95
FWC 58-1994, f. & cert. ef. 9-1-94
FWC 51-1993, f. & cert. ef. 8-25-93
FWC 82-1992, f. & cert. ef. 8-26-92
FWC 100-1991, f. & cert. ef. 9-9-91
FWC 94-1990, f. & cert. ef. 9-4-90
FWC 107-1989, f. & cert. ef. 9-2-89
FWC 82-1988, f. & cert. ef. 9-2-88
FWC 84-1987, f. & ef. 9-22-87

Or. Admin. R. 635-054-0040 Crow Season

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 45-1997, f. & cert. ef. 8-13-97
FWC 42-1996, f. & cert. ef. 8-12-96

Division 55 FALCONRY LICENSES, PERMITS AND REQUIREMENTS

Or. Admin. R. 635-055-0001 General Provisions

Any person licensed for falconry in the State of Oregon must comply with both federal and state falconry regulations. This means that a licensed Oregon falconer must comply with 50 CFR §21.3 and §21.29 (as in effect July 2015) except where state regulations are more restrictive than federal regulations. The following sections of this division specify those more-restrictive state regulations.

History

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 109-2011, f. & cert. ef. 8-9-11

Or. Admin. R. 635-055-0002 Definition of Terms

For the purpose of these rules, the following definitions apply:

(1) "Captive bred" means any raptor, including eggs, hatched in captivity resulting from parents that mated in captivity, or are the progeny of artificial insemination.

(2) “Capture Season” is May through February. EXCEPTION: Great horned owl nestlings may be taken February through June.

(3) "Falconry" means the sport of taking quarry by means of a trained raptor.

(4) "Hacking” is the deliberate release of an indigenous captive-held raptor species back into the wild.

(5) “Indigenous raptor”, for purposes of falconry, means golden eagle ( Aquila chrysaetos ), sharp-shinned hawk ( Accipiter striatus ), Cooper’s hawk ( Accipiter cooperii ), northern goshawk ( Accipiter gentilis ), red-tailed hawk ( Buteo jamaicensis ), red-shouldered hawk ( Buteo lineatus ), American kestrel ( Falco sparverius ), merlin ( Falco columbarius ), prairie falcon ( Falco mexicanus ), peregrine falcon ( Falco peregrinus ), gyrfalcon ( Falco rusticolus) , great horned owl ( Bubo virginianus ), and northern harrier (Circus cyaneus).

(6) “Management or operational activities” means activities on nest-site structures (bridges or buildings) that are operational or maintenance actions to the structure deemed necessary by the structure owners or managers. These activities do not include nest entries for the purposes of banding birds for scientific purposes.

(7) “Passage” means migrant raptors less than one year of age capable of flight.

(8) “Post-fledgling” means a young first-year bird capable of flight, which has recently flown from its nest.

(9) “Take" for the purposes of these rules, means to trap, capture, or attempt to trap or capture a raptor from the wild for the purpose of falconry.

History

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 58-2019, minor correction filed 05/13/2019, effective 05/13/2019
DFW 21-2014, f. & cert. ef. 3-11-14
Renumbered from 635-055-0000 by DFW 109-2011, f. & cert. ef. 8-9-11
DFW 4-2011, f. & cert. ef. 1-14-11
DFW 147-2009, f. & cert. ef. 12-15-09
DFW 19-2008, f. & cert. ef. 2-29-08
DFW 11-2008, f. & cert. ef. 2-21-08
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 7-1984, f. & ef. 2-29-84
FWC 11-1983, f. & ef. 3-24-83
FWC 170, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 635-055-0010 License Required to Practice Falconry

(1) Before a falconer may participate in hunting any wildlife, he/she shall possess a valid Oregon falconry license, a hunting license, and any permit or stamp that is required.

(2) Nonresident falconers hunting in Oregon shall have a valid falconry license from a state having a federally approved falconry program, a nonresident hunting license, and any permit or stamp that is required.

History

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 30-1993, f. & cert. ef. 5-5-93
FWC 116-1992, f. & cert. ef. 10-28-92
FWC 33-1992(Temp), f. & cert. ef. 5-11-92
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 8-1986, f. & ef. 3-6-86
FWC 11-1983, f. & ef. 3-24-83
FWC 170, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 635-055-0015 Cost and Expiration Date of Falconry License

(1) The fee for a falconry license shall be $147.00 .

(2) The falconry license is valid for three years. The three-year period shall extend from July 1 of the year of issue to June 30 of the third year.

History

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146, 496.162 & 497.061
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146, 496.162 & 497.061
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 123-1990, f. & cert. ef. 11-28-90
FWC 12-1985, f. & ef. 3-6-85
FWC 12-1983, f. 3-24-83, ef. 1-1-84
FWC 170, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 635-055-0020 Falconry Licenses, Qualifications for Classes of Licenses, and Permitted Raptors

(1) All licensed Oregon falconers shall be residents of Oregon. A resident shall have a permanent residence and falconry facilities in Oregon; however, there is no time minimum before a person can claim residency for falconry purposes. Any falconer hunting in Oregon with a resident hunting license must satisfy the residency requirements as detailed in OAR 635-052, 635-053, 635-054 and 635-065.

(2) All falconers shall demonstrate knowledge of the care of raptors, practice of falconry, and wildlife laws and regulations pertaining to hunting and falconry by receiving a score of 80 percent or higher on a written examination approved by the U.S. Fish and Wildlife Service or by showing documented falconry experience from another state having a federally approved falconry program before receiving their first Oregon Falconry License. Any applicant who fails to pass an examination may take another examination no earlier than 30 days from the date of the prior examination.

(3) Standards for falconer classes: (See attached table)

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 19-2008, f. & cert. ef. 2-29-08
DFW 11-2008, f. & cert. ef. 2-21-08
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 12-1985, f. & ef. 3-6-85
FWC 11-1983, f. & ef. 3-24-83
FWC 170, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 635-055-0025 Inspections, Facilities and Equipment

(1) An applicant’s facilities shall be inspected and certified by the Department or a designated representative possessing knowledge of falconry facilities before a falconry license is issued. An inspection fee of $20.00 shall be assessed for an inspection of facilities and shall accompany an inspection request form from the falconer. A facilities inspection is required for all new falconry applicants, falconers from another state who have moved to Oregon and Oregon falconers with newly constructed facilities. The raptor housing facilities shall provide protection from adverse weather, predators, and disturbance. All facilities and equipment shall be maintained at or above the level approved and are subject to inspection by the Department or Oregon State Police at any time. Inspection of facilities may take place without warrant or notice but, unless prompted by emergency or other extenuating circumstances, shall be limited to regular and usual business hours, including weekends.

(2) Temporary holding facilities may be used to transport or hold a raptor for not more than 30 consecutive days unless authorized by the Department (not to exceed 120 days). Temporary facilities shall contain a perch, be adequately ventilated, be sanitary and provide protection from adverse weather, predatory animals, domestic animals, extreme temperatures, wind and excessive disturbance.

History

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 30-1993, f. & cert. ef. 5-5-93
FWC 40-1991, f. & cert. ef. 4-24-91
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 8-1987, f. & ef. 2-25-87
FWC 12-1985, f. & ef. 3-6-85
FWC 11-1983, f. & ef. 3-24-83
FWC 8-1981, f. & ef. 2-26-81
FWC 170, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 635-055-0030 Limitations on Species Captured and/or Held

(1) Falconers may take only raptors less than one year of age from the wild during any capture season. Any adult raptor inadvertently taken must be immediately released.

(2) Only the following raptor species and number of each may be taken in the state during the capture season unless otherwise specified:

(a) Red-tailed hawk, American kestrel, Cooper's hawk, sharp-shinned hawk and great horned owl — unlimited and statewide except that great horned owls may be taken as nestlings only.

(b) Goshawk -- unlimited and statewide except that no nestling goshawks may be taken in the area north of the Umpqua River and west of Interstate 5. Passage goshawks may be taken statewide.

(d) Merlin -- unlimited and statewide except no nestling merlins may be taken.

(e) Gyrfalcon -- only three (3) may be captured from the wild during each capture season. Gyrfalcons may be captured statewide. Gyrfalcon capture permits are issued to Master falconers only and an individual falconer may not capture more than one gyrfalcon per capture season. All gyrfalcon capture permit holders will be notified when the quota has been reached. No take of gyrfalcons is authorized for non-resident falconers.

(f) Northern harrier -- only five (5) may be captured from the wild during each capture season including those northern harriers made available by the Department for conservation management purposes. No take of northern harriers is authorized for non-resident falconers.

(3) Golden eagle -- Golden eagles may be captured, imported and/or used for falconry only in accordance with Federal falconry standards in 50 CFR§22.24 and OAR 065-055-0036.

(4) Peregrine falcons may be taken statewide. Peregrine falcon capture permits are issued to Master and General class falconers only. The annual allowable take of peregrine falcons is ten (10) individuals (OAR-065-0037) .

(5) Red-shouldered hawk -- only three (3) may be captured from the wild during each capture season. Red-shouldered hawks may be captured statewide, except no nestlings may be taken.

(6) Great Horned Owls: Nestlings may be taken February through June.

(7) The possession of legally acquired non-indigenous raptors listed as a migratory bird in 50 CFR§10.13 is allowed. Only indigenous raptor species, raptors listed in 50 CFR§10.13 and raptors classified as non-controlled or controlled in the Oregon Wildlife Integrity rules (OAR 635-056) are allowed. The possession for falconry purposes of hybrid raptors of species listed in 50 CFR§10 are allowed.

History

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 21-2014, f. & cert. ef. 3-11-14
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 4-2011, f. & cert. ef. 1-14-11
DFW 147-2009, f. & cert. ef. 12-15-09
DFW 19-2008, f. & cert. ef. 2-29-08
DFW 11-2008, f. & cert. ef. 2-21-08
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 30-1993, f. & cert. ef. 5-5-93
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 7-1984, f. & ef. 2-29-84
FWC 11-1983, f. & ef. 3-24-83
FWC 8-1981, f. & ef. 2-26-81
FWC 9-1980, f. & ef. 2-27-80
FWC 170, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 635-055-0035 Capture and Transportation of Raptors

(1) A raptor capture permit is required prior to capturing or attempting to capture any raptor. The permit holder must carry the permit on their person while conducting activities related to raptor capture.

(2) A non-resident falconer from a state having a federally approved falconry program may obtain a capture permit for species listed in 635-055-0020(3) with the exception of gyrfalcons. All non-resident applications must include a copy of the applicant’s current state falconry license. All applicants for golden eagle capture must include a copy of the federal authorization to take and possess golden eagles. Only 20 non-resident capture permits will be issued in total each capture season. All non-resident capture permits, except for capture permits for peregrine falcons, will be issued on a first come first served basis.

(3) A nonrefundable application fee of $27.00 will be charged for each capture permit allowing the capture of one raptor per permit.

(4) Except for take of peregrine falcons, the Department will issue capture permits in the order applications are received. Capture permit applicants must hold a valid Oregon falconry license or a falconry license from a state having a federally approved falconry program. The category of species shall be listed on the permit (e.g. “golden eagle”, “gyrfalcon”, “goshawk”, “northern harrier”, “peregrine falcon” “red-shouldered hawk”, or “other raptor”) and the falconer is authorized to take only one raptor from the category specified. A falconer may apply for a capture permit in more than one category. A separate permit is required for each raptor taken from the wild. The falconer whose name appears on the permit must undertake the capture except for peregrine falcon nestlings. Permits are not transferable.

(5) Following authorized capture:

(a) The permit holder shall immediately validate the permit by recording the date, species, sex, county, and capture method and signing his/her name in the space provided.

(b) For a goshawk, gyrfalcon, golden eagle and peregrine falcon, the permit holder shall affix the permanent band issued with the permit by the Department, to one leg of the bird.

(c) Within five business days of capture, the permit holder shall take the bird to a Department office to have the permit certified.

(d) Within 10 days, the permit holder shall complete and submit the federal Migratory Bird Acquisition and Disposition (3-186A) form.

(6) Lost, hacked, escaped, or captive bred raptors may be re-trapped at any time without a capture permit. All other raptors captured shall be immediately released.

(7) Exportation of wild caught raptors -- No raptor taken from the wild in Oregon shall be transferred to another person residing outside the state unless held for six months or longer.

(8) An Oregon licensed falconer is allowed to retain legally captured raptors in their possession if they move from Oregon.

(9) Falconers are responsible for treatment and rehabilitation costs of raptors taken for falconry and injured during trapping efforts.

(10) The Department will not issue a falconry capture permit to any person who:

(a) Is awaiting prosecution for, or has been convicted of, any violation of the animal cruelty or animal abuse laws;

(b) Is awaiting prosecution for, or has been convicted of, a wildlife violation involving the illegal take of wildlife;

(d) Has had his or her hunting or fishing license suspended for a wildlife violation.

(11) A person who is denied a falconry capture permit pursuant to subsection (8) may appeal the decision through a contested case hearing.

History

Statutory/Other Authority: ORS 496.012, ORS 496.112, ORS 496.138, ORS 496.146, ORS 496.162 & ORS 497.061
Statutes/Other Implemented: ORS 496.012, ORS 496.112, ORS 496.138, ORS 496.146, ORS 496.162 & ORS 497.061
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 21-2014, f. & cert. ef. 3-11-14
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 4-2011, f. & cert. ef. 1-14-11
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 147-2009, f. & cert. ef. 12-15-09
Reverted to DFW 152-2008, f. 12-18-08, cert. ef. 1-1-09
DFW 25-2009(Temp), f. 3-10-09, cert. ef. 5-15-09 thru 8-31-09
DFW 152-2008, f. 12-18-08, cert. ef. 1-1-09
DFW 19-2008, f. & cert. ef. 2-29-08
DFW 11-2008, f. & cert. ef. 2-21-08
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 30-1993, f. & cert. ef. 5-5-93
FWC 116-1992, f. & cert. ef. 10-28-92
FWC 33-1992(Temp), f. & cert. ef. 5-11-92
FWC 40-1991, f. & cert. ef. 4-24-91
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 8-1986, f. & ef. 3-6-86
FWC 11-1983, f. & ef. 3-24-83
FWC 14-1982, f. & ef. 2-25-82
FWC 8-1981, f. & ef. 2-26-81
FWC 9-1980, f. & ef. 2-27-80
FWC 170, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 635-055-0036 Golden Eagle

(1) Consistent with the National Flyway Council’s Golden Eagle Allocation Procedure , the Department shall authorize qualified Master falconers to be considered in the annual allocation procedure to obtain and possess a golden eagle for the purposes of falconry, pursuant to 50 CFR §21.3, §21.29 and §22 (1-22).

(2) A Master falconer wishing to obtain authorization from the Department to possess a golden eagle must provide the Department with the following:

(a) A written statement, dated and signed, documenting and describing the applicant’s relevant experience in handling large raptors, including information about the species handled and the type and duration of activities in which the experience was obtained.

(b) At least two letters of reference from people skilled in handling or flying large raptors such as golden eagles, ferruginous hawks, northern goshawks or great horned owls who can attest to the applicant’s experiences with such species. References must contain a concise history of the applicant’s experience with large raptors, which can include but is not limited to, handling of raptors held by zoos, rehabilitating large raptors, or scientific studies involving large raptors; and the applicant’s ability to care for the species used in falconry.

(c) Master class falconers applying for possession of a golden eagle must provide evidence that they have, or will have, an adequate facility to house a golden eagle in the long-term and be consistent with OAR 635-044-0500 as it applies to falconry. The Department considers the minimum housing needs to include an outside mews with a sheltered area with adequate space for exercise necessary for the health of the animal such as allowing an eagle to move freely between perches and meet standards used for large raptors. A minimum facility size should measure at least 10’ x 10’ x 10’.

(3) The falconry license of qualified Master class falconers will indicate the validation to obtain and possess a golden eagle. Master class falconers authorized to hold golden eagles prior to this rule revision are qualified to be considered in the annual allocation procedure.

(4) The Department may deny a request for a Master falconer to possess a golden eagle if the applicant has less than the equivalent of two years of experience handling large raptors, or at the Department’s discretion, the Department determines that based on a letter of recommendation or inadequate facility plans, the applicant is not capable of caring for a golden eagle.

(5) Authorized Master falconers may not transfer a golden eagle to another Master class falconer unless previously approved in writing by the Department. No person shall release or hack a golden eagle acquired through this allocation process into the wild.

History

Statutory/Other Authority: ORS 496.012, ORS 496.112, ORS 496.138, ORS 496.146 & ORS 496.162
Statutes/Other Implemented: ORS 496.012, ORS 496.112, ORS 496.138, ORS 496.146 & ORS 496.162
DFW 13-2020, adopt filed 02/12/2020, effective 02/12/2020

Or. Admin. R. 635-055-0037 Peregrine Falcon Capture Permit

(1) During each capture season, the Department may issue capture permits to qualified falconers for an allowable take of no more than the (10) peregrine falcons. Peregrine falcon capture permits are not transferable. Upon taking the raptor authorized, the permit holder must:

(a) Notify the Department by telephone or email within two days.

(b) Immediately validate the permit by recording the date, species, sex, county , and capture method and signing his or her name in the space provided on the permit.

(c) At the time of capture, the permit holder must affix the permanent plastic band, issued with the permit, to one leg of the bird.

(d) Within five business days of capture, the permit holder must take the bird to a Department office to have the permit certified.

(e) If a permit holder violates any of the rules or permit conditions, the Department will invalidate his or her peregrine capture permit. Taking of a peregrine falcon without a valid permit is a violation of these rules and is therefore an unlawful taking.

(2) Oregon Residents:

(a) A Master or General class falconer who possesses, at the time of capture, a current permit issued by the Department authorizing the capture (per OAR 635-0010) may take a nestling or fledgling peregrine falcon.

(b) Peregrine capture permit applications (including fees) must be submitted to the Department’s Salem headquarters office no later than March 1 of each year.

(c) Qualified Master and General class falconers may submit only one peregrine capture permit application per capture season on the form provided by the Department.

(d) If hand-delivered, an application must be received at Department headquarters office (4034 Fairview Industrial Drive, SE, Salem, OR, 97302-1142) by 5:00 p.m. on March 1.

(e) If sent via postal mail, an application must be postmarked no later than March 1.

(f) Successful resident applicants will be authorized to take a nestling from a natural nest site, or they may also accept a young peregrine falcon taken by persons (authorized by the Department) from man-made structures (but only where nestlings need to be removed from a nest during management or operational activities on the structures). Alternatively, the permit holder may take a post-fledgling bird.

(g) Permits issued will include conditions crafted by the Department.

(h) The following general conditions shall apply to all resident peregrine falcon capture permits:

(A) Young falcons may be removed from their eyries (nests) between May 15th and June 30th but only when between 15 and 24 days of age. At least one nestling must be left in each eyrie prior to fledging.

(B) Prior to entering any nest, a permit holder must monitor each potential nest site to assess the presence and occupancy of nesting peregrine falcons and determine the chronology of nestlings in the selected nest(s) by following a protocol and completing a form provided by the Department.

(C) Permit-holders must contact in person or by phone Falconry Program staff at Salem Headquarters at least seven (7) days prior to proposed nest entry.

(D) The permit holder must be present when the nestling is being removed from the eyrie.

(E) Alternatively, a post-fledgling peregrine falcon may be taken (trapped) by a permitted Master or General falconer during the time period between when the falcon first flies from its nest through August 31st. The permit holder must be present at all times whenever a trap is in operation while attempting to take a post-fledgling peregrine falcon.

(3) Non-Residents:

(a) Non-residents must possess a Master falconers license from a state having a federally approved falconry program.

(b) The non-resident application must be received by March 1.

(d) The Department will notify the successful applicant and alternate by mail or email. If the applicant does not reply in writing (mail or email) within 10 calendar days, the applicant will be disqualified and the Department will offer the permit to the alternate. If no qualified nonresident applies for or accepts a peregrine falcon take permit, the allowable take will be allocated to a qualified resident applicant.

(e) The non-resident permit holder may only accept a nestling peregrine falcon taken by persons (authorized by the Department) from man-made structures (but only where nestlings need to be removed from a nest during management or operational activities on the structures). Alternatively, the permit holder may take a post-fledgling bird.

History

Statutory/Other Authority: ORS 496.012, ORS 496.112, ORS 496.138, ORS 496.146, ORS 496.162 & ORS 497.061
Statutes/Other Implemented: ORS 496.012, ORS 496.112, ORS 496.138, ORS 496.146, ORS 496.162 & ORS 497.061
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 21-2014, f. & cert. ef. 3-11-14
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 4-2011, f. & cert. ef. 1-14-11
DFW 147-2009, f. & cert. ef. 12-15-09
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 152-2008, f. 12-18-08, cert. ef. 1-1-09

Or. Admin. R. 635-055-0040 Banding and Identification of Raptors

(1) All raptor species listed in 50 CFR §21.29(c)(7) captured from the wild and held in captivity shall bear an identifying band approved by the Department. Goshawks, Harris hawks (Parabuteo unicintus) , gyrfalcons and peregrine falcons shall be banded with a permanent numbered U.S. Fish and Wildlife Service leg band.

(2) All captive bred raptors must be banded with a seamless band or other federally authorized band in accordance with 50 CFR §21.29(c)(7)(ii) and §21.30.

(3) Raptor bands shall not be altered, removed, or replaced without permission of the Department. The band shall not be defaced or counterfeited.

History

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 11-1983, f. & ef. 3-24-83
FWC 170, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 635-055-0045 Capture Methods

All traps, nets, harnessed bait for raptors or other implements used to capture raptors shall be marked with the name and address of the user. Capture devices shall be attended at all times, except Swedish Goshawk traps which shall be checked every eight hours. Use of steel-jawed traps or jump traps are prohibited.

History

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 170, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 635-055-0055 Release of Any Raptor

(1) Indigenous raptors held under these rules, except golden eagles, may be released (hacked) permanently into the wild at appropriate locations and times of the year following consultation with Department biologists.

(2) Falconry birds may be released from a motor-propelled vehicle for the purpose of performing bird abatement, training raptors, or hunting with raptors.

History

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 11-1983, f. & ef. 3-24-83
FWC 170, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 635-055-0060 Reports

Annual Report: All licensed falconers shall submit an annual report not later than January 15 each year disclosing the number of raptors possessed, and any changes in personal contact information including address, phone number and email updates. For Master and General falconers, the report must also indicate whether the falconer is willing to sponsor an apprentice falconer, plus the names of any apprentices the falconer currently sponsors. Failure to submit an annual report by January 15 may lead to suspension of the falconry license and the ability to hold raptors.

History

Statutory/Other Authority: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.112, 496.138, 496.146 & 496.162
DFW 13-2020, amend filed 02/12/2020, effective 02/12/2020
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 11-1983, f. & ef. 3-24-83
FWC 170, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 635-055-0070 Revocation of License and Permits

(1) The Department may revoke a falconry license or permit if the holder is convicted of, or admits to a violation of, any wildlife law, or any rule, order or permit issued under the wildlife laws. Upon revocation, the Department may seize any raptors held for the purpose of falconry.

(2) Failure to comply with permit conditions is grounds for revocation or suspension of a capture permit.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
DFW 147-2009, f. & cert. ef. 12-15-09
DFW 33-2002, f. & cert. ef. 4-18-02
FWC 11-1983, f. & ef. 3-24-83
FWC 170, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 635-055-0075 Disposition of Accidentally Killed Wildlife

If a falconer’s raptor kills any native prey species unintentionally (including a game animal taken outside of a regular hunting season) the falconer:

(1) May allow his or her raptor to feed on the animal, but may not take the animal into possession;

(2) Must report take of any federally listed threatened or endangered species to the U. S. Fish and Wildlife Service State Office or appropriate U. S. Fish and Wildlife Service field office nearest to the location in which the take occurred; and

(3) Must report to the Department’s program staff within five days the take of any species taken outside of regular hunting season and any migratory birds, state threatened or endangered or regulated birds. The report must include name of the species taken, date, number taken and approximate location. The information may be submitted by phone, mail, fax, email, or in person.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
DFW 109-2011, f. & cert. ef. 8-9-11
DFW 19-2008, f. & cert. ef. 2-29-08
DFW 11-2008, f. & cert. ef. 2-21-08
FWC 19-1990, f. & cert. ef. 2-28-90
FWC 11-1983, f. & ef. 3-24-83
FWC 8-1981, f. & ef. 2-26-81

Division 56 IMPORTATION, POSSESSION, CONFINEMENT, TRANSPORTATION AND SALE OF NONNATIVE WILDLIFE

Or. Admin. R. 635-056-0000 Purpose and General Information

The purpose of these rules is to protect Oregon’s native wildlife. These rules aim for this goal by regulating human actions involving nonnative wildlife (whether those actions involve trade in nonnative wildlife or involve interaction with nonnative species in the wild). The rules allow private use or ownership of nonnative species to the extent that they do not pose a significant risk of harm to native species.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 20-2014, f. & cert. ef. 3-11-14
DFW 15-2011, f. & cert. ef. 2-15-11
DFW 114-2008, f. & cert. ef. 9-19-08
DFW 116-2001, f. & cert. ef. 12-18-01
DFW 79-2000, f. & cert. ef. 12-22-00
DFW 94-1999, f. & cert ef. 12-23-99
DFW 99-1998, f. & cert. ef. 12-22-98
FWC 59-1997, f. & cert. ef. 9-3-97
FWC 69-1996, f. & cert. ef. 12-20-96

Or. Admin. R. 635-056-0002 Taxonomy

(1) In the matter of scientific taxonomic nomenclature and commons names the following are authoritative:

(a) Mammals — Wilson, D. E. and D. M. Reeder, Editors. 2005. Mammal Species of the World. A Taxonomic and Geographic Reference. 3rd Edition. Johns Hopkins University Press

(b) Birds — Clements, J.F. 2007. The Clements Checklist of Birds of the World, Sixth Edition. Cornell University, Ithaca, New York.

(c) Amphibians and Reptiles — Frank, N. and E. Ramus. 1996. A Complete Guide to Scientific and Common Names of Reptiles and Amphibians of the World. N G Publishing, Pottsville, Pennsylvania.

(d) Fish (except subfamily Serrisalminae) – Nelson, J.S. et al. 2004. Common and Scientific Names of Fishes from the United States, Canada, and Mexico. 6th Edition. American Fisheries Society Special Publication 29. American Fisheries Society. Bethesda, Maryland; Robbins, C.L. et al. 1991. World Fishes Important to North Americans. Special Publication 21. American Fisheries Society. Bethesda, Maryland; Subfamily Serrisalminae: Reis, R.E., S. Kullander and C. Ferraris, Jr., Editors. 2003. Check List of the Freshwater Fishes of South and Central America. ERIDUCRS. Porto Alegre. Brazil.

(e) Mollusks — Turgeon, D.D. 1998. Common and Scientific Names of Aquatic Invertebrates from the United States and Canada: Mollusks, 2nd Edition. American Fisheries Society Special P ublication 26. American Fisheries Society. Bethesda, Maryland.

(f) Crustaceans (except whiteleg shrimp) — McLaughlin. P.A. 2005. Common and Scientific Names of Aquatic Invertebrates from the United States and Canada: Crustaceans, American Fisheries Society Special Publication 31. American Fisheries Society. Bethesda, Maryland. Whiteleg shrimp: Holthius. L.B. 1980. Shrimps and Prawns of the World: An Annotated Catalogue of Species of Interest to Fisheries. Food and Agriculture Organization Fisheries Synopsis no. 125, vol. 1.

(2) If the taxonomic status of individual species is changed through subsequent publications scientific taxonomy shall remain as cited in 635-056 for the purposes of implementing and enforcing 635-056-0000 through 635-056-0150.

(3) “The IUCN Red List of Threatened Species” International Union for Conservation of Nature (IUCN), www.iucnredlist.org

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 131-2014, f. & cert. ef. 9-11-14
DFW 20-2014, f. & cert. ef. 3-11-14

Or. Admin. R. 635-056-0010 Definitions

For the purposes of these rules, the definitions in ORS 496.004 and OAR 635-045-0002 apply. In addition, the following definitions apply:

(1) "Aquaria" means any tanks, pools, ponds, bowls or other containers intended for and capable of holding or maintaining live fish and from which there is no outfall to any waters of this state.

(2) "Aquaria Fish" means any fish, shellfish or aquatic invertebrates legally acquired and sold in the pet store trade, except game fish, state or federally protected threatened and endangered species and those species listed as Prohibited or Controlled.

(3) "Commercial Fur Farm" means any operation which raises captive fox (Vulpes vulpes or Urocyon cinereoargenteus) or mink (Mustela vison) for profit and possesses 10 or more animals.

(4) "Controlled Species" means wildlife that the commission has placed on the Controlled list.

(5) "Domestic" means those animals which are identified in OAR 635-056-0020 (Domestic or Otherwise Exempt Animals).

(6) Except where used in reference to ORS chapter 609, "Exotic" means a wildlife species not native to Oregon; foreign or introduced.

(7) "Hold" means any form of possession or control of an animal, gamete, or hybrid thereof.

(8) "Hybrid" means any animal, gamete or egg that is produced by crossing at least one wild individual of a species with any other species or subspecies.

(9) "Import/importation" means to bring or cause live wildlife to be transported into Oregon by any means.

(10) "Introduced" means a species, subspecies or populations which occur in Oregon because of human action or intervention, rather than natural (nonhuman) colonization or immigration.

(11) "Live Foodfish" means any fish or marine invertebrate legally acquired and held in aquaria or packaged live and sold in the wholesale or retail trade for human consumption, except game fish, state or federally protected threatened and endangered species and those species listed as Prohibited or Controlled.

(12) "Marine invertebrate" means any marine invertebrate species commonly sold in the wholesale or retail trade for human consumption, or commonly found in the ornamental aquarium trade.

(13) "Native" means species, subspecies or populations which occur currently or historically in Oregon through natural (i.e. nonhuman) colonization or immigration, rather than by human action or intervention.

(14) "Nonnative" means a wildlife species not native to Oregon; foreign or introduced.

(15) "Noncontrolled Species" means wildlife that the commission has placed on the Noncontrolled list.

(16) "Prohibited Species" means wildlife that the commission has placed on the Prohibited list.

(17) "Species" means a unit of classification of animals which are capable of interbreeding and producing fertile offspring.

(18) "Subspecies" means a unit of classification of animals within a species which show differences in size, color or form as a result of being partially or completely reproductively isolated from other populations of the species

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.234
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.234
DFW 73-2025, amend filed 08/19/2025, effective 08/19/2025
DFW 90-2017(Temp), f. & cert. ef. 7-14-17 thru 12-31-17
DFW 15-2011, f. & cert. ef. 2-15-11
DFW 122-2007, f. & cert. ef. 11-19-07
DFW 116-2001, f. & cert. ef. 12-18-01
DFW 94-1999, f. & cert ef. 12-23-99
FWC 69-1996, f. & cert. ef. 12-20-96

Or. Admin. R. 635-056-0020 Animals Exempt from These Rules

Pursuant to the definition of "wildlife," the following species are not subject to these rules because they are not "wild": SPECIES — SCIENTIFIC NAME

(1) Alpaca, Guanaco, Llama — Lama glama.

(2) Ass, Burro, Donkey — Equus asinus.

(3) Bison — Bison bison.

(4) Camel — Camelus bactrianus and C. dromedarius.

(5) Cat (all domestic breeds) — Felis catus.

(6) Cattle and Yak — Bos species.

(7) Chinchilla — Chinchilla laniger.

(8) Dog (all domestic breeds) — Canis familiaris.

(9) European Rabbit — Oryctolagus cuniculus.

(10) Ferret (European polecat) — Mustela putorius.

(11) Gerbil (Mongolian Jird) — Meriones unguiculatus.

(12) Goat — Capra hircus.

(13) Guinea pig — Cavia porcellus.

(14) Common Hamster — Cricetus cricetus.

(15) Horse — Equus caballus.

(16) Mouse (House mouse) — Mus musculus.

(17) Mule and Hinny — Equus asinus x E. caballus.

(18) Rat — Rattus norvegicus and R. rattus.

(19) Sheep — Ovis aries and hybrids of O. aries with O. aires orientalis, hybrids of O. aries with Ammotragus lervia, and hybrids of O. aries with Pseudois nayaur.

(20) Swine — Sus scrofa domestica (includes pot-bellied pigs)

(21) Vicuña — Vicugna vicugna.

(22) Cassowary — Casuarius species.

(23) Chicken — Gallus gallus.

(24) Ducks and Geese (morphologically distinct from wild waterfowl; except Egyptian geese and Mute swans).

(25) Emu — Dromaius novaehollandiae.

(26) Guinea fowl — Numida meleagris.

(27) Ostrich — Struthio camelus.

(28) Parrots, Parakeets, Lories, and Cockatoos — Psittaciforme (All species).

(29) Peafowl — Pavo cristatus.

(30) Pigeon or Rock dove — Columba livia.

(31) Rhea — Rhea americana and R. pennata.

(32) Turkey (morphologically distinct from wild turkey) — Meleagris gallopavo.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 15-2011, f. & cert. ef. 2-15-11
DFW 122-2007, f. & cert. ef. 11-19-07
DFW 79-2000, f. & cert. ef. 12-22-00
DFW 94-1999, f. & cert ef. 12-23-99
DFW 99-1998, f. & cert. ef. 12-22-98
DFW 21-1998, f. & cert. ef. 3-13-98
FWC 59-1997, f. & cert. ef. 9-3-97
FWC 69-1996, f. & cert. ef. 12-20-96

Or. Admin. R. 635-056-0030 Exclusions

The Oregon Department of Agriculture regulates the keeping of certain animals pursuant to ORS 609.305 to 609.335. However, the commission does regulate the release, hunting and other activities not associated with the keeping of these animals, as provided in the commission’s statutes and administrative rules.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
FWC 69-1996, f. & cert. ef. 12-20-96

Or. Admin. R. 635-056-0040 Requirements for Importation and Possession of Live Wildlife

For species, subspecies or hybrids listed as Prohibited or those species not yet classified, a permit will not be issued allowing the importation and possession of live wildlife, except to American Zoo and Aquarium Association (AZA) accredited facilities, colleges, universities and those facilities which can demonstrate compliance with standards as provided in OAR 635-056-0050(2). For species, subspecies or hybrids listed as Controlled, an importation permit may be required as set forth by the commission. For species, subspecies or hybrids listed as Noncontrolled, no ODFW importation permit is required.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Reverted to DFW 94-1999, f. & cert ef. 12-23-99
DFW 106-2004(Temp), f. & cert. ef. 10-18-04 thru 4-15-05
DFW 94-1999, f. & cert ef. 12-23-99
FWC 72-1997, f. & cert. ef. 12-29-97
FWC 69-1996, f. & cert. ef. 12-20-96

Or. Admin. R. 635-056-0050 Prohibited Species

(1) Except as otherwise provided in these rules or other rules of the commission, live wildlife listed below may not be imported, possessed, sold, purchased, exchanged or transported in the state:

(a) Prohibited Mammals: Common Name — Family — Genus/species:

(A) Order Artiodactyla:

(i) Sheep, Goats, Chamois, Tahr — Bovidae — Subfamily Caprinae; All species and hybrids except:

(I) Capra hircus;

(II) Ovis aries;

(III) hybrids of Ovis aries with O. a. orientalis; hybrids of O. aries with Ammotragus lervia; and hybrids of O. aries with Pseudois nayaur;

(ii) Wildebeest — Bovidae — Connochaetes All species and hybrids;

(iii) Central Asian gazelles — Bovidae — Procapra All species and hybrids;

(iv) Wild boar — Suidae — Sus scrofa (except Sus scrofa domesticus).

(B) Order Carnivora:

(i) Wild canids — Canidae — All native species. However, fox (Vulpes vulpes and Urocyon cinereoargenteus) are exempt from this prohibition if when part of a commercial fur farming operation or for wildlife rehabilitation purposes by a licensed wildlife rehabilitator;

(ii) Mongooses — Herpestidae — All species and hybrids;

(iii) North American Otter, Eastern subspecies — Mustelidae — Lontra canadensis lataxina;

(iv) Asian Small-clawed Otter — Mustelidae — Lutrinae Aonyx cinerea (also classified as Aonyx cinereus);

(v) Civets and Genets — Viverridae — All species and hybrids (except Arctictis binturong).

(D) Order Cingulata: Nine-banded armadillo — Dasypodidae — Dasypus novemcinctus.

(E) Order Dasyuromorphia:

(i) Broad-footed marsupial mice — Dasyuridae — Antechinus All species and hybrids;

(ii) Brush-tailed marsupial mice — Dasyuridae — Phascogale All species and hybrids;

(iii) Dunnant — Dasyuridae — Sminthopsis All species and hybrids.

(F) Order Didelphimorphia: Virginia opossum — Didelphidae — Didelphis virginiana.

(G) Order Diprotodontia:

(i) Common brushtail — Phalangeridae — Trichosurus vulpecula;

(ii) Common ringtail — Pseudocheiridae — Pseudocheirus peregrinus.

(H) Order Erinaceomorpha: Eurasian hedgehogs — Erinaceidae — Erinaceus europaeus, E. concolor, E. amurensis.

(I) Order Lagomorpha:

(i) Hares and Jackrabbits — Leporidae — Lepus All nonnative species and hybrids;

(ii) Cottontails — Leporidae — Sylvilagus All nonnative species and hybrids.

(J) Order Rodentia:

(i) Argentine Plains viscacha — Chinchillidae — Lagostomus maximus;

(ii) Chinese jumping mouse — Dipodidae — Eozapus setchuanus;

(iii) Desert jerboas — Dipodidae — Jaculus All species and hybrids;

(iv) Kangaroo rats — Heteromyidae — Dipodomys All nonnative species except D. deserti and D. spectabilis;

(v) Pale kangaroo mouse — Heteromyidae — Microdipodops pallidus;

(vi) Pocket mice — Heteromyidae — Perognathus All nonnative species and hybrids;

(vii) Capybara — Hydrochaeridae — Hydrochaeris hydrochaeris;

(viii) Old world porcupines — Hystricidae — Hystrix africaeaustralis, H. cristata, and H. indica;

(ix) Mouselike hamster — Muridae — Calomyscus All species and hybrids;

(x) Ratlike hamsters — Muridae — Cricetulus All species and hybrids;

(xi) Bushy-tailed jird — Muridae — Sekeetamys calurus;

(xii) Nutria (Coypu) — Myocastoridae — Myocastor coypus;

(xiii) Fat dormouse — Myoxidae — Glis glis;

(xiv) Hazel dormouse — Myoxidae — Muscardinus avellanarius;

(xv) Antelope ground squirrels — Sciuridae — Ammospermophilus All nonnative species and hybrids except A. harrisii;

(xvi) Tricolored squirrels — Sciuridae — Callosciurus All species and hybrids except C. prevostii;

(xvii) Prairie dogs — Sciuridae — Cynomys All species and hybrids;

(xviii) Southern flying squirrel — Sciuridae — Glaucomys volans;

(xix) Marmots — Sciuridae — Marmota All nonnative species and hybrids;

(xx) Giant flying squirrel — Sciuridae — Petaurista All species and hybrids;

(xxi) Eastern gray squirrel — Sciuridae — Sciurus carolinensis;

(xxii) Eastern fox squirrel — Sciuridae — Sciurus niger;

(xxiii) Eurasian red squirrel — Sciuridae — Sciurus vulgaris;

(xxiv) Ground squirrels — Sciuridae — Spermophilus All nonnative species and hybrids except S. adocetus, S. annulatus, S. atricapillus, S. madrensis, S. mexicanus, S. mohavensis, S. perotensis, and S. tereticaudus;

(xxv) Chipmunks — Sciuridae — Tamias All nonnative species and hybrids;

(xxvi) African ground squirrels — Sciuridae — Xerus All species and hybrids.

(b) Prohibited Birds: Common Name — Family — Genus/species:

(A) Order Anseriformes: Egyptian goose — Anatidae — Alopochen aegyptiaca.

(B) Order Charadriiformes: Spotted thick-knee — Burhinidae — Burhinus capensis.

(i) Malachite kingfisher — Alcedinidae — Alcedo cristata;

(ii) Laughing kookaburra — Alcedinidae — Dacelo novaeguineae.

(D) Order Passeriformes:

(i) Yellowhammer — Emberizidae — Emberiza citrinella;

(ii) European greenfinch — Fringillidae — Chloris Chloris (also classified as Chloris Chloris);

(iii) Chaffinch — Fringillidae — Fringilla coelobs.

(A) Order Caudata:

(i) Tiger salamander — Ambystomatidae — Ambystoma tigrinum All nonnative sub-species;

(ii) Amphiumas — Amphiumidae — All species and hybrids;

(iii) Giant salamanders and Hellbenders — Cryptobranchidae — All species and hybrids;

(iv) American giant salamanders — Dicamptodontidae — All nonnative species and hybrids;

(v) Asian salamanders — Hynobiidae — Ranodon All species and hybrids;

(vi) Shovel-nosed salamander — Plethodontidae — Leurognathus marmoratus;

(vii) Waterdogs — Proteidae — Necturus All species and hybrids;

(viii) Firebelly newts — Salamandridae — Cynops All species and hybrids;

(ix) European Mountain or Brook salamanders — Salamandridae — Euproctus All species and hybrids;

(x) Caucasus or Spine-tailed salamanders — Salamandridae — Mertensiella All species and hybrids;

(xi) Red-spotted or Eastern newt — Salamandridae — Notophthalmus viridescens;

(xii) Chinese newts — Salamandridae — Pachytriton All species and hybrids;

(xiii) Warty newts — Salamandridae — Paramesotriton All species and hybrids;

(xiv) Ribbed newts — Salamandridae — Pleurodeles All species and hybrids;

(xv) Fire salamanders — Salamandridae — Salamandra All species and hybrids;

(xvi) Roughskin newts — Salamandridae — Taricha rivularis and T. torosa;

(xvii) Alpine newts — Salamandridae — Triturus All species and hybrids;

(xviii) Crocodile newts — Salamandridae — Tylotriton All species and hybrids;

(xix) Sirens — Sirenidae — All species and hybrids.

(B) Order Anura:

(i) Fire-bellied toads — Bombinatoridae — Bombina All species and hybrids;

(ii) True toads — Bufonidae — Bufo All nonnative species and hybrids except Bufo marinus;

(iii) Midwife toads — Discoglossidae — Alytes All species and hybrids;

(iv) Painted frogs — Discoglossidae — Discoglossus All species and hybrids;

(v) Cricket frog — Hylidae — Acris All species and hybrids;

(vi) European tree frog — Hylidae — Hyla arborea;

(vii) Cope’s gray tree frog — Hylidae — Hyla chrysoscelis;

(viii) Green tree frog — Hylidae — Hyla cinerea;

(ix) Mediterranean tree frog — Hylidae — Hyla meridionalis;

(x) Gray tree frog — Hylidae — Hyla versicolor;

(xi) Chorus frog — Hylidae — Pseudacris All nonnative species and hybrids;

(xii) Australian froglets — Myobatrachidae — Crinia All species and hybrids;

(xiii) Australian swamp frogs — Myobatrachidae — Limnodynastes All species and hybrids;

(xiv) Barred frogs — Myobatrachidae — Mixophyes All species and hybrids;

(xv) Spadefoot toads — Pelobatidae — All nonnative species and hybrids;

(xvi) African clawed frog — Pipidae — Xenopus All species and hybrids;

(xvii) African bull frog — Ranidae — Pyxicephalus All species and hybrids;

(xviii) Siberian frog — Ranidae — Rana altaica;

(xix) Khabarovsk frog — Ranidae — Rana amurensis;

(xx) Crawfish frog — Ranidae — Rana areolata;

(xxi) Swedish swamp frog — Ranidae — Rana arvalis;

(xxii) Asian frog — Ranidae — Rana asiatica;

(xxiii) Rio Grande leopard frog — Ranidae — Rana berlandieri;

(xxiv) Plains leopard frog — Ranidae — Rana blairi;

(xxv) Caucasus frog — Ranidae — Rana camerani;

(xxvi) Inkiapo frog — Ranidae — Rana chensinensis;

(xxvii) Toudaohe frog — Ranidae — Rana chevronta;

(xxviii) Green frog — Ranidae — Rana clamitans;

(xxix) Spring frog — Ranidae — Rana dalmatina;

(xxx) Dybowski’s frog — Ranidae — Rana dybowskii;

(xxxi) Stream frog — Ranidae — Rana graeca;

(xxxii) Pig frog — Ranidae — Rana grylio;

(xxxiii) River frog — Ranidae — Rana heckscheri;

(xxxiv) Turkish frog — Ranidae — Rana holtzi;

(xxxv) Iberian frog — Ranidae — Rana iberica;

(xxxvi) Agile frog — Ranidae — Rana japonica;

(xxxvii) Italian agile frog — Ranidae — Rana latastei;

(xxxviii) Kokarit or Taipa frog — Ranidae — Rana longicrus;

(xxxix) Brusa frog — Ranidae — Rana macrocnemis;

(xl) Nikko frog — Ranidae — Rana ornativentris;

(xli) Pickeral frog — Ranidae — Rana palustris;

(xlii) Mink frog — Ranidae — Rana septentrionalis;

(xliii) Wood frog — Ranidae — Rana sylvatica;

(xliv) Tago frog — Ranidae — Rana tagoe;

(xlv) European common frog — Ranidae — Rana temporaria;

(xlvi) Tsushima frog — Ranidae — Rana tsushimensis;

(xlvii) Carpenter frog — Ranidae — Rana virgatipes.

(d) Prohibited Reptiles: Common Name — Family — Genus/species:

(A) Order Testudines:

(i) Sea turtles - Cheloniidae and Dermochelvidae - All species

(ii) Snapping turtle — Chelydridae — All species and hybrids;

(iii) Chinese pond turtle — Emydidae — Chinemys All species and hybrids;

(iv) Pond turtle — Emydidae — Clemmys All nonnative species;

(v) Painted turtle — Emydidae — Chrysemys All nonnative sub-species;

(vi) European pond turtle — Emydidae — Emys orbicularis;

(vii) Blanding’s turtle — Emydidae — Emydoidea blandingii;

(viii) Map turtle — Emydidae — Graptemys All species and hybrids;

(ix) Asian pond turtle — Emydidae — Mauremys All species and hybrids;

(x) Pond slider — Emydidae — Pseudemys and Trachemys All species and hybrids;

(xi) Common musk turtle — Kinosternidae — Kinosternon odoratum;

(xii) Common mud turtle — Kinosternidae — Kinosternon subrubrum;

(xiii) North American soft shell — Trionychidae — Apalone All species and hybrids;

(xiv) African soft shell — Trionychidae — Trionyx triunguis.

(B) Order Squamata (Suborder Lacertilia):

(i) Slow worm — Anguidae — Anguis fragilis;

(ii) Armored Glass lizard — Anguidae — Ophisaurus apodus

(iii) Sand lizard — Lacertidae — Lacerta agilis;

(iv) Jewelled lizard — Lacertidae — Lacerta lepida;

(v) Iberian Mountain lizard — Lacertidae — Lacerta monticola;

(vi) Meadow lizard — Lacertidae — Lacerta praticola;

(vii) Iberian Emerald lizard — Lacertidae — Lacerta schreiberi;

(viii) Balkan Emerald lizard — Lacertidae — Lacerta trilineata;

(ix) Emerald lizard — Lacertidae — Lacerta viridis;

(x) Viviparous lizard — Lacertidae — Lacerta vivipara;

(xi) Erhard’s Wall lizard — Lacertidae — Podarcis erhardi;

(xii) Iberian Wall lizard — Lacertidae — Podarcis hispanica;

(xiii) Common Wall lizard — Lacertidae — Podarcis muralis;

(xiv) Crocodile lizard — Xenosauridae — Shinisaurus crocodilurus.

(i) Brown tree snake — Colubridae — Boiga irregularis;

(ii) Watersnake - Colubridae - Nerodia - All species and hybrids;

(iii) Black-necked spitting cobra — Elapidae — Naja nigricollis;

(iv) Cape cobra — Elapidae — Naja nivea;

(v) Copperheads and cottonmouths — Viperidae — Agkistrodon All species and hybrids;

(vi) Puff adders — Viperidae — Bitis All species and hybrids except Bitis gabonica and B. nasicornis;

(vii) Lanceheads — Viperidae — Bothrops All species and hybrids;

(viii) Palm pit vipers — Viperidae — Bothriechis All species and hybrids;

(ix) Rattlesnakes — Viperidae — All nonnative species and hybrids except Crotalus aquilus, C. basiliscus, C. durissus, C. intermedius, C. polystictus, C. pusillus, C. tortugensis, C. triseriatus, C. unicolor, and C. vegrandis;

(x) Mid-east vipers — Viperidae — Daboia All species and hybrids;

(xi) Pygmy rattlesnake — Viperidae — Sistrurus catenatus;

(xii) Asian pit vipers — Viperidae — Trimeresurus All species and hybrids;

(xiii) Wagler’s palm viper — Viperidae — Tropidolaemus wagleri;

(xiv) Sand vipers — Viperidae — Vipera All species and hybrids.

(e) Prohibited Fish: Common Name — Family — Genus/species:

(A) Order Amiiformes: Bowfin — Amiidae — Amia calva.

(B) Order Cypriniformes:

(i) Piranha or Caribe — Characidae subfamily Serrasalminae commonly known as caribe or piranha — All species and hybrids except carnivorous species of Pygocentrus, Serrasalmus or Pristobrycon pursuant to ORS 498.242;

(ii) Walking catfish (ORS 498.242) — Clariidae — All species and hybrids;

(iii) Oriental weatherfish — Cobitidae — Misgurnus anguillicaudatus;

(iv) Ide — Cyprinidae — Leuciscus idus;

(v) Rudd — Cyprinidae — Scardinius erythropthalmus.

(vi) Asian carp — Cyprinidae — Hypophthalmichthys All species and hybrids;

(vii) Black carp — Cyprinidae — Mylopharyngodon piceus

(D) Order Perciformes:

(i) Snakehead — Channidae — Channa All species and hybrids;

(ii) Round goby — Gobiidae — Neogobius melanostomus;

(iii) Ruffe — Percidae — Gymnocephalus cernuus;

(iv) Zander or Pike-perch — Percidae — Sander lucioperca.

(E) Order Salmoniformes: Pikes, Pickerel, Muskellunge — Esocidae — All species and hybrids except tiger muskellunge (Esox lucius X Esox masquinongy) in Phillips Reservoir located in Baker County

(f) Prohibited Mollusks Common Name — Family — Genus/species:

(A) Order Veneroida:

(i) Asian clam — Corbiculidae — All species;

(ii) Zebra mussel, Quagga mussel — Dreissenidae — All species (whether live or dead).

(iii) Golden mussel — Mytilidae — All species (whether live or dead).

(B) Order Neogastropoda: Oyster drill - Muricidae - all non-native species and hybrids

(D) Order Lepetellida: Abalone - Haliotidae - Haliotis - All non-native species and hybrids

(E) Order Mytiloida: Golden mussel - Mytilidae (whether live or dead)

(g) Prohibited Crustaceans Common Name — Family — Genus/species: Order Decapoda:

(A) Chinese mitten crab — Grapsidae — Eriocheir All species;

(B) Blue crab — Portunidae — Callinectes sapidus;

(2) The department may issue a permit for the importation, possession, sale, purchase, exchange or intrastate transportation of prohibited species and those species not yet classified if the department finds that the following standards have been met:

(a) The facility is constructed to minimize escape of prohibited species;

(b) There are adequate security and safety programs and procedures which minimize the possibility of escape;

(d) There are adequate procedures, equipment and trained staff to maximize capture of escaped animals;

(e) Adequate veterinary care is provided to identify and minimize the spread of diseases; and

(f) The applicant has a good reputation for care of animals and compliance with the wildlife laws.

(g) Using forms provided by the department, persons or entities may apply for a permit under subsection (2) as follows:

(A) Facilities accredited by the American Zoo and Aquarium Association (AZA). Because the department finds that the current AZA accreditation process holds these facilities to standards equivalent to those in subsection (2), AZA accreditation shall be evidence that the department’s standards for importation, possession, sale, purchase, exchange or intrastate transportation of prohibited species are met. To obtain a permit for these activities, AZA accredited facilities shall submit a completed application form and proof of accreditation.

(B) Universities and colleges. To obtain a permit, universities and colleges shall submit:

(i) A completed application form;

(ii) A written description of escape avoidance procedures and facilities; and

(iii) Identification of the time period(s) during which prohibited species will be held.

(C) Others. To apply for a permit, persons and entities other than universities, colleges and AZA accredited facilities shall submit:

(i) A completed application form; and

(ii) A completed Prohibited Species Questionnaire.

(h) Satisfactory facilities inspections may be required prior to issuance of any permit.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.052, 498.222 & 498.234
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.052, 498.222 & 498.234
DFW 73-2025, amend filed 08/19/2025, effective 08/19/2025
DFW 26-2025, temporary amend filed 04/10/2025, effective 04/10/2025 through 10/06/2025
DFW 131-2014, f. & cert. ef. 9-11-14
FWC 69-1996, f. & cert. ef. 12-20-96; FWC 16-1997(Temp), f. & cert. ef. 3-13-97; FWC 41-1997(Temp), f. & cert. ef. 7-23-97; FWC 59-1997, f. & cert. ef. 9-3-97; FWC 72-1997, f. & cert. ef. 12-29-97; DFW 21-1998, f. & cert. ef. 3-13-98; DFW 63-1998, f. & cert. ef. 8-10-98; DFW 96-1998, f. & cert. ef. 11-25-98; DFW 99-1998, f. & cert. ef. 12-22-98; DFW 94-1999, f. & cert ef. 12-23-99; DFW 79-2000, f. & cert. 12-22-00; DFW 116-2001, f. & cert. ef. 12-18-01; DFW 114-2008, f. & cert. ef. 9-19-08; DFW 15-2011, f. & cert. ef. 2-15-11; DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11; DFW 115-2012(Temp), f. & cert. ef. 8-31-12 thru 2-26-13; DFW 148-2012, f. & cert. ef. 12-18-12; DFW 20-2014, f. & cert. ef. 3-11-14

Or. Admin. R. 635-056-0060 Noncontrolled Species

Except as otherwise provided in these rules or other rules of the commission, wildlife listed below may be imported, possessed, sold, purchased, exchanged or transported in the state without a Department permit (some species require a permit from the Oregon Department of Agriculture):

(1) Noncontrolled Mammals: Common Name -- Family -- Genus/species:

(a) Order Artiodactyla:

(A) Antelope and buffalo-- Bovidae -- All species except subfamily Caprinae and Procapra species;

(B) Giraffe and okapi -- Giraffidae -- All species;

(D) Hippopotamus -- Hippopotamidae -- Hippopotamus amphibius ;

(E) Peccary -- Tayassuidae -- All species; (F) Chevrotains -- Tragulidae -- All species.

(b) Order Carnivora:

(A) Aardwolf -- Hyaenidae -- Proteles cristatus ;

(B) Seals and sea lions -- Otariidae -- All nonnative species.

(D) Olingos -- Procyonidae -- Bassaricyon All species;

(E) Coatimundis -- Procyonidae -- Nasua All species;

(F) Kinkajou -- Procyonidae -- Potos flavus ;

(G) Binturong -- Viverridae -- Arctictis binturong .

(d) Order Chiroptera: Old World fruit bats -- Pteropodidae -- All species.

(e) Order Dasyuromorphia: Numbat -- Myrmecobiidae -- Myrmecobius fasciatus .

(f) Order Dermoptera: Flying lemurs or colugos -- Cynocephalidae -- All species.

(g) Order Didelphimorphia: Short-tailed opossums – Didelphinae -- Monodelphis All species.

(h) Order Diprotodontia:

(A) Feathertail glider -- Acrobatidae -- Acrobates pygmaeus ;

(B) Kangaroos and wallabies -- Macropodidae -- All species;

(D) Sugar glider -- Petauridae -- Petaurus breviceps ;

(E) Cuscuses -- Phalangeridae -- Phalanger All species.

(F) Brush Tailed Bettong - Protoridae -- Bettongia penicillata

(i) Order Erinaceomorpha: Four-toed hedgehog -- Erinaceidae -- Atelerix albiventris .

(j) Order Hyracoidea: Hyraxes -- Procaviidae -- All species.

(k) Order Monotremata: Echidnas -- Tachyglossidae -- All species.

(l) Order Peramelemorphia:

(A) Dry country bandicoots -- Peramelidae -- All species except Isoodon obesulus, Perameles gunnii , and P. nasuta ;

(B) Rainforest bandicoots – Peramelidae -- All species.

(m) Order Perissodactyla:

(A) Zebra and Asses-- Equidae -- Equus All species;

(B) Rhinoceros -- Rhinocerotidae -- All species;

(n) Order Pholidota: Pangolins -- Manidae -- All species.

(o) Order Pilosa:

(A) Three-toed tree sloths -- Bradypodidae -- All species;

(B) Two-toed tree sloths -- Megalonychidae -- All species;

(p) Order Proboscidea: Elephants -- Elephantidae -- All species.

(q) Order Rodentia:

(A) Scaly--tailed squirrels -- Anomaluridae -- All species;

(B) Hutias -- Capromyidae -- All species;

(D) Mountain viscachas -- Chinchillidae -- Lagidium All species;

(E) Dwarf hamsters -- Cricetidae -- Phodopus All species

(F) Paca -- Cuniculidae -- Cuniculus paca ;

(G) Agoutis -- Dasyproctidae -- Dasyprocta All species;

(H) Acouchis -- Dasyproctidae -- Myoprocta All species;

(I) Pacarana -- Dinomyidae -- Dinomys branickii ;

(J) Prehensile-tailed Porcupines -- Erethizontidae -- Coendou All species;

(K) Kangaroo Rats -- Heteromyidae -- Dipodomys deserti and D. spectabilis ;

(L) Brush-tailed porcupines -- Hystricidae -- Atherusus All species;

(M) Old world porcupines -- Hystricidae -- Hystrix All species except H. africaeaustralis, H. cristata , and H. indica ;

(N) Spiny mice -- Muridae -- Acomys All species;

(O) Crateromys (Bushy tailed cloud rats) -- Muridae -- Crateromys All species;

(P) African giant pouched rats -- Muridae -- Cricetomys All species;

(Q) African White-tailed rat -- Muridae -- Mystromys albicaudatus ;

(R) Phloeomys (Slender tailed rats) -- Muridae -- Phloeomys All species;

(S) Degus -- Octodontidae -- Octodon All species;

(T) South African Springhare -- Pedetidae -- Pedetes capensis ;

(U) Prevost's squirrel -- Sciuridae -- Callosciurus prevostii ;

(V) African palm squirrels -- Sciuridae -- Epixerus All species;

(W) Pygmy flying squirrels -- Sciuridae -- Petaurillus All species;

(X) Oil palm squirrels -- Sciuridae -- Protoxerus All species;

(Y) Giant squirrels -- Sciuridae -- Ratufa All species.

(r) Order Sirenia: Manatees -- All families -- All species.

(s) Order Tubulidentata: Aardvark -- Orycteropodidae -- Orycteropus afer .

(2) Noncontrolled Birds: Nothing in this subsection authorizes the importation, possession, sale, confinement or transportation of birds protected by the federal Migratory Bird Treaty Act: Common Name -- Family -- Genus/species:

(a) Order Charadriiformes:

(A) Senegal thick-knee -- Burhinidae -- Burhinus senegalensis ;

(B) Water thick-knee -- Burhinidae -- Burhinus vermiculatus .

(b) Order Coliiformes: Mousebirds and Collies -- Coliidae -- All species.

(A) Blue-winged kookaburra -- Alcedinidae -- Dacelo leachii ;

(B) Woodland kingfisher -- Alcedinidae -- Halcyon senegalensis ;

(D) Hornbills -- Bucerotidae -- All species;

(E) Rollers -- Coraciidae -- All species;

(F) Bee-eaters -- Meropidae -- All species except Merops apiaster, M. oreobates, M. pusillus , and Nyctyornis athertoni ;

(G) Motmots -- Momotidae -- All species.

(d) Order Cuculiformes:

(A) White browed coucal-- Centropodidae -- Centropus superciliousus burchelli ;

(B) Pheasant coucal -- Centropodidae -- Centropus phasianinus ;

(D) Greater coucal -- Centropodidae -- Centropus sinensis .

(E) Turacos, Plaintain eaters and Go-away birds -- Musophagidae -- All Species

(e) Order Galliformes:

(A) Curassows, guans, and chacalacas -- Cracidae -- All species except Chamaepetes goudotii, Penelope montagni i, and P. superciliaris ;

(B) Megapodes -- Megapodiidae – All species.

(f) Order Gruiformes:

(A) Trumpeters -- Psophiidae -- All species;

(B) Buttonquails and hemipodes -- Turnicidae -- All species.

(g) Order Passeriformes:

(A) Orange-breasted bunting -- Cardinalidae -- Passerina leclancherii ;

(B) Cotingas -- Cotingidae -- All species;

(D) Pileated finch -- Emberizidae -- Coryphospingus pileatus ;

(E) Yellow-breasted bunting -- Emberizidae -- Emberiza aureola ;

(F) Golden-breasted bunting -- Emberizidae -- Emberiza flaviventris ;

(G) Cinnamon-breasted bunting -- Emberizidae – Emberiza tahapisi ;

(H) Yellow cardinal -- Emberizidae -- Gubernatrix cristata ;

(I) Black-crested finch -- Emberizidae -- Lophospingus pusillus ;

(J) Crested bunting -- Emberizidae -- Melophus lathami ;

(K) Yellow-billed cardinal -- Emberizidae -- Paroaria capitata ;

(L) Red-crested cardinal -- Emberizidae -- Paroaria coronata ;

(M) Black-capped warbling finch -- Emberizidae -- Poospiza melanoleuca;

(N) Saffron finch -- Emberizidae -- Sicalis flaveola;

(O) Double-collared seedeater -- Emberizidae -- Sporophila caerulescens;

(P) Rusty-collared seedeater -- Emberizidae -- Sporophila collaris;

(Q) Parrot-billed seedeater -- Emberizidae -- Sporophila peruviana;

(R) Slate-colored seedeater -- Emberizidae -- Sporophila schistacea;

(S) Swallow tanager -- Emberizidae -- Tersina viridis;

(T) Cuban grassquit -- Emberizidae -- Tiaris canorus;

(U) Blue-back grassquit -- Emberizidae -- Volatinia jacarina;

(V) Waxbills, mannikins, munias -- Estrilididae -- All species;

(W) Broadbills -- Eurylaimidae -- All species;

(X) Black siskin -- Fringillidae -- Carduelis atrata;

(Y) Linnet -- Fringillidae -- Carduelis cannabina;

(Z) European goldfinch -- Fringillidae -- Carduelis carduelis;

(AA) Red siskin -- Fringillidae -- Carduelis cucullata;

(BB) Hooded siskin -- Fringillidae -- Carduelis magellanica;

(CC) Yellow--breasted greenfinch -- Fringillidae -- Carduelis spinoides;

(DD) European siskin -- Fringillidae -- Carduelis spinus (also classified as Spinus spinus);

(EE) Yellow-rumped siskin -- Fringillidae -- Carduelis uropygialis;

(FF) Yellow-bellied siskin -- Fringillidae -- Carduelis xanthogastra;

(GG) Yellow-billed grosbeak -- Fringillidae – Eophona migratoria;

(HH) Japanese grosbeak -- Fringillidae -- Eophona personata;

(II) Oriole finch -- Fringillidae -- Linurgus olivaceus;

(JJ) Brown bullfinch -- Fringillidae -- Pyrrhula nipalensis;

(KK) Eurasian bullfinch -- Fringillidae -- Pyrrhula pyrrhula;

(LL) Black-throated island canary -- Fringillidae -- Serinus atrogularis;

(MM) Island canary -- Fringillidae -- Serinus canaria;

(NN) Yellow crowned canary -- Fringillidae -- Serinus flaviventris;

(OO) White-rumped seedeater -- Fringillidae -- Serinus leucopygius;

(PP) Yellow-fronted canary -- Fringillidae -- Serinus mozambicus;

(QQ) European serin -- Fringillidae -- Serinus serinus;

(RR) Long-tailed rosefinch -- Fringillidae -- Uragus sibiricus;

(SS) Troupials and Allies -- Icteridae -- All nonnative species;

(TT) Leafbirds and fairy bluebirds -- Irenidae -- All species;

(UU) Honeyeaters -- Meliphagidae -- All species;

(VV) Old World Flycatchers -- Muscicapidae -- Copyschus All species;

(WW) Sunbirds -- Nectariniidae -- All species;

(XX) Sudan sparrow -- Passeridae -- Passer luteus ;

(YY) Red-headed weaver -- Ploceidae -- Anaplectes rubriceps ;

(ZZ) Yellow-crowned bishop -- Ploceidae -- Euplectes afe r;

(AAA) Red-collared widowbird -- Ploceidae -- Euplectes ardens ;

(BBB) Black-winged bishop -- Ploceidae -- Euplectes hordeaceus ;

(CCC) Jackson's widowbird -- Ploceidae -- Euplectes jacksoni;

(DDD) Yellow-shouldered widowbird -- Ploceidae -- Euplectes macrourus;

(EEE) Red bishop -- Ploceidae -- Euplectes orix;

(FFF) Long-tailed widowbird -- Ploceidae -- Euplectes progne;

(GGG) Red fody -- Ploceidae -- Foudia madagascariensis;

(HHH) Orange weaver -- Ploceidae -- Ploceus aurantius;

(III) Village weaver -- Ploceidae -- Ploceus cucullatus;

(JJJ) Lesser masked weaver -- Ploceidae -- Ploceus intermedius;

(KKK) Little weaver -- Ploceidae -- Ploceus luteolus;

(LLL) Baya weaver -- Ploceidae -- Ploceus philippinus;

(MMM) Vitelline-masked weaver -- Ploceidae -- Ploceus vitellinus;

(NNN) Speckle-fronted weaver -- Ploceidae -- Sporopipes frontalis;

(OOO) Scaly weaver -- Ploceidae -- Sporopipes squamifrons;

(PPP) Sugarbirds -- Promeropidae -- All species;

(QQQ) Golden-crested myna -- Sturnidae -- Ampeliceps coronatus;

(RRR) Violet-backed starling -- Sturnidae -- Cinnyricinclus leucogaster;

(SSS) Emerald starling -- Sturnidae – Lamprotornis iris;

(TTT) Golden-breasted starling -- Sturnidae -- Lamprotornis regius;

(UUU) Common hill myna -- Sturnidae -- Gracula religiosa;

(VVV) Long-tailed glossy-starling -- Sturnidae -- Lamprotornis caudatus;

(WWW) Bronze-tailed glossy-starling -- Sturnidae -- Lamprotornis chalcurus;

(XXX) Greater blue-eared glossy-starling -- Sturnidae -- Lamprotornis chalybaeus;

(YYY) Lesser blue-eared glossy-starling -- Sturnidae -- Lamprotornis chloropterus;

(ZZZ) Hildebrandt's starling -- Sturnidae -- Lamprotornis hildebrandti;

(AAAA) Chestnut-bellied starling -- Sturnidae -- Lamprotornis pulcher;

(BBBB) Purple-headed glossy-starling -- Sturnidae -- Lamprotornis purpureiceps;

(CCCC) Purple glossy-starling -- Sturnidae -- Lamprotornis purpureus;

(DDDD) Rueppell's glossy-starling -- Sturnidae – Lamprotornis purpuroptera;

(EEEE) Splendid glossy-starling -- Sturnidae -- Lamprotornis splendidus;

(FFFF) Superb starling -- Sturnidae -- Lamprotornis superbus;

(GGGG) Bali myna -- Sturnidae -- Leucopsar rothschildi;

(HHHH)Golden myna -- Sturnidae -- Mino anais;

(IIII) Yellow-faced myna -- Sturnidae -- Mino dumontii;

(JJJJ) Tanagers and Allies -- Thraupidae -- All nonnative species;

(KKKK) Babblers -- Timaliidae -- All species;

(LLLL) White-eyes -- Zosteropidae -- All species.

(h) Order Piciformes:

(A) Barbets -- Capitonidae -- All species;

(B) Toucans -- Ramphastidae -- All species.

(i) Order Sphenisciformes: Penguins – Spheniscidae – All species.

(j) Order Tinamiformes: Tinamous -- Tinamidae -- All species.

(k) Order Trogoniformes: Trogons -- Trogonidae -- All species.

(3) Noncontrolled Amphibians: Common Name -- Family -- Genus/species:

(a) Order Anura:

(A) Allophrynid tree frog -- Allophrynidae -- Allophryne All species;

(B) Hairy frogs -- Arthroleptidae -- Trichobatrachus All species;

(D) African tree toads -- Bufonidae -- Nectophryne All species;

(E) Live-bearing toads -- Bufonidae -- Nectophrynoides All species;

(F) Glass frogs -- Centrolenidae -- All species;

(G) Poison arrow frogs -- Dendrobatidae -- All species;

(H) Ghost frogs -- Heleophrynidae -- Heleophryne All species;

(I) Shovel-nosed frogs -- Hemisotidae -- Hemisus All species;

(J) Leaf frogs -- Hylidae -- Agalychnis All species;

(K) Casque-headed frogs -- Hylidae -- Aparashpenodon All species;

(L) Water-holding frogs -- Hylidae -- Cyclorana All species;

(M) Marsupial frogs -- Hylidae -- Gastrotheca All species;

(N) Marbled tree frogs – Hylidae – Hyla marmorata

(O) Australian giant tree frogs -- Hylidae --Litoria chlorus and L. infrafrenata;

(P) Slender-legged tree frogs -- Hylidae -- Osteocephalus All species;

(Q) Cuban tree frogs -- Hylidae -- Osteopilus All species;

(R) White's tree frog -- Hylidae -- Pelodryas caerulea;

(S) Golden-eyed tree frogs -- Hylidae -- Phrynohyas All species;

(T) Monkey frogs -- Hylidae -- Phyllomedusa All species;

(U) Burrowing frogs -- Hylidae -- Pternohyla All species;

(V) Casque-headed tree frogs -- Hylidae -- Trachycephalus All species;

(W) Shovel-headed tree frogs -- Hylidae -- Triprion All species;

(X) Banana frogs -- Hyperoliidae -- Afrixalas All species;

(Y) Reed frogs -- Hyperoliidae -- Hyperolius All species;

(Z) Running frogs -- Hyperoliidae -- Kassina All species;

(AA) Forest tree frogs -- Hyperoliidae -- Leptopelis All species;

(BB) New Zealand frogs -- Leiopelmatidae -- Leiopelma All species;

(CC) Common horned frogs -- Leptodactylidae -- Ceratophrys All species;

(DD) Rain or robber frogs -- Leptodactylidae -- Eleutherodactylus All species;

(EE) Paraguay horned toads -- Leptodactylidae -- Lepidobatrachus All species

(FF) Asian horned toad -- Megophryidae -- Megophrys montana (nasuta);

(GG) Tomato frogs -- Microhylidae -- Dyscophus All species;

(HH) Narrow-mouthed frogs -- Microhylidae -- Gastrophryne All species;

(II) Sheep frogs -- Microhylidae -- Hypopachus All species;

(JJ) Malaysian narrowmouth toad -- Microhylidae -- Kaloula pulchra;

(KK) Tusked frog -- Myobatrachidae -- Adelotus brevis;

(LL) Pouched frog -- Myobatrachidae -- Assa darlingtoni;

(MM) Giant burrowing frogs -- Myobatrachidae -- Heleioporus All species;

(NN) Cannibal frogs -- Myobatrachidae -- Lechriodus All species;

(OO) Turtle frog -- Myobatrachidae -- Myobatrachus gouldii;

(PP) Australian spadefoot toads -- Myobatrachidae -- Notaden All species;

(QQ) Crowned toadlets -- Myobatrachidae -- Pseudophryne All species;

(RR) Gastric brooding frog -- Myobatrachidae -- Rheobatrachus All species;

(SS) Torrent frogs -- Myobatrachidae -- Taudactylus All species;

(TT) Australian toadlets -- Myobatrachidae -- Uperoleia All species;

(UU) Parsley frogs -- Pelodytidae -- Pelodytes All species;

(VV) Dwarf clawed frogs -- Pipidae -- Hymenochirus All species;

(WW) Surinam frogs -- Pipidae -- Pipa All species;

(XX) Mantella frogs --Ranidae -- Mantella All species;

(YY)Foam nest tree frogs -- Rhacophoridae -- Chiromantis All species;

(ZZ) Gliding or flying frogs -- Rhacophoridae -- Rhacophorus All species;

(AAA) Tonkin Bug-eyed frog – Rhacophoridae – Theloderma corticale;

(BBB) Mexican burrowing frog -- Rhinodermatidae -- Rhinophrynus dorsalis;

(CCC) Seychelles frogs -- Sooglossidae -- All species.

(b) Order Caudata:

(A) Axolotl -- Ambystomatidae -- Ambystoma mexicanum;

(B) Gold-striped salamander -- Salamandridae -- Chioglossa lusitanica;

(D) Spectacled salamander -- Salamandridae -- Salamandrina teridgitata.

(4) Noncontrolled Reptiles: Common Name -- Family -- Genus/species;

(a) Order Squamata (Suborder Amphisbaenia): Worm lizards – All species.

(b) Order Squamata (Suborder Lacertilia):

(A) Pricklenapes -- Agamidae -- Acanthosaura All species;

(B) Common or rainbow agama -- Agamidae -- Agama agama;

(D) Humphead forest dragons -- Agamidae -- Gonocephalus All species;

(E) Sailfin lizards -- Agamidae -- Hydrosaurus All species;

(F) Anglehead forest dragons -- Agamidae -- Hypsilurus All species;

(G) Splendid Japalure – Agamidae – Japalura splendida

(H) Water dragons -- Agamidae -- Lophognathus All species;

(I) Water dragons -- Agamidae -- Physignathus All species;

(J) Bearded dragons -- Agamidae -- Pogona All species;

(K) Mastigures -- Agamidae -- Uromastyx All species;

(L) Strange Agamas – Agamidae – Xenagama All species;

(M) Chameleons -- Chamaeleonidae -- All species;

(N) Plated lizards -- Cordylidae -- Gerrhosaurus All species;

(O) Flat lizards -- Cordylidae -- Platysaurus All species;

(P) Geckos -- Gekkonidae and Eublepharidae -- All species;

(Q) Gila monster, beaded lizard -- Helodermatidae -- All species;

(R) Iguanid lizards -- Iguanaidae -- All nonnative species except: Crotaphytus spp., Gambelia spp., Sceloporus spp., Uta spp., Phrynosoma spp.;

(S) Asian Grass Lizard – Lacertidae – Takydromus sexlineatus

(T) Skinks -- Scincidae -- All nonnative species except Eumeces spp.;

(U) Ameivas -- Teiidae -- Ameiva All species;

(V) Tegus -- Teiidae -- Tupinambis All species;

(W) Monitor lizards -- Varanidae -- All species except Varanus griseus ;

(X) Night lizards -- Xantusiidae -- All species;

(Y) American knob-scaled lizards -- Xenosauridae -- Xenosaurus All species.

(A) File snakes -- Acrochordidae -- All species;

(B) Pythons and Boas -- Boidae -- All nonnative species (including those also classified as Loxocemidae spp.);

(D) Hognose snake -- Colubridae -- Heterodon nasicus;

(E) False water cobra -- Colubridae -- Hydrodynates gigas;

(F) Kingsnakes and gopher (bull) snakes -- Colubridae -- Individuals of Lampropeltis getula, L. zonata and Pituophis catenifer that are morphologically distinct from native species.

(G) Egyptian cobra -- Elapidae -- Naja haje;

(H) Black & white cobra -- Elapidae -- Naja melanoleuca;

(I) Indian cobra -- Elapidae -- Naja naja;

(J) Red spitting cobra -- Elapidae -- Naja pallida;

(K) King cobra -- Elapidae -- Ophiophagus hannah;

(L) Bush vipers -- Viperidae -- Atheris All species;

(M) Gaboon viper -- Viperidae -- Bitis gabonica;

(N) Rhinoceros viper -- Viperidae -- Bitis nasicornis;

(O) Horned vipers -- Viperidae -- Cerastes All species;

(P) Rattlesnakes -- Viperidae -- Crotalus aquilus, C. basiliscus, C. durissus, C. intermedius, C. polystictus, C. pusillus, C. tortugensis, C. triseriatus, C. unicolor, and C. vegrandis;

(Q) Saw-scaled vipers -- Viperidae -- Echis All species;

(R) Bushmaster -- Viperidae -- Lachesis muta;

(S) False horned vipers -- Viperidae -- Pseudocerastes All species;

(T) Pygmy rattlesnakes -- Viperidae -- Sistrurus miliarius and S. ravus.

(d) Order Testudines:

(A) Pignose turtles -- Carettochelyidae -- All species;

(B) Austro--American side-necked turtles -- Chelidae -- All species;

(D) Pond and box turtles -- Emydidae -- All nonnative species except Pseudemys spp., Trachemys spp., Chinemys spp., Clemmys spp., Chrysemys spp., Graptemys spp., Emys orbicularis , Emydoidea blandingii and Mauremys spp.;

(E) American mud and musk turtles -- Kinosternidae -- All species except Kinosternon subrubrum and K. odoratum ;

(F) Afro-American side-necked turtles -- Pelomedusidae -- All species;

(G) Bighead turtles -- Platysternidae -- All species;

(H)Tortoises -- Testudinidae -- All species;

(I)Softshell turtles -- Trionychidae -- All species except Apolone spp. and Trionyx triunguis.

(5) Noncontrolled Fish: Common Name -- Family -- Genus/species: Aquaria fish and Live Foodfish -- All species.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.234
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.234
DFW 73-2025, amend filed 08/19/2025, effective 08/19/2025
DFW 90-2017(Temp), f. & cert. ef. 7-14-17 thru 12-31-17
DFW 152-2017, amend filed 12/19/2017, effective 01/01/2018
DFW 131-2014, f. & cert. ef. 9-11-14
DFW 30-2014(Temp), f. 4-15-14, cert. ef. 4-16-14 thru 10-10-14
DFW 20-2014, f. & cert. ef. 3-11-14
DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11
DFW 15-2011, f. & cert. ef. 2-15-11
DFW 116-2001, f. & cert. ef. 12-18-01
DFW 79-2000, f. & cert. ef. 12-22-00
DFW 94-1999, f. & cert ef. 12-23-99
DFW 99-1998, f. & cert. ef. 12-22-98
DFW 63-1998, f. & cert. ef. 8-10-98
DFW 21-1998, f. & cert. ef. 3-13-98
FWC 72-1997, f. & cert. ef. 12-29-97
FWC 59-1997, f. & cert. ef. 9-3-97
FWC 69-1996, f. & cert. ef. 12-20-96

Or. Admin. R. 635-056-0070 Controlled Wildlife Species

At the time the commission categorizes a species, subspecies or hybrid as Controlled, it shall also establish the controls necessary to protect native wildlife.

(1) Controlled Mammals:

(2) Controlled Birds:

(a) Mute swans ( Cygnus olor ): The possession is allowed with an approval and authorization from the Department provided all individuals are surgically pinioned and any eggs produced must be destroyed. Importation, transport, sale, purchase, exchange and offer to sell, purchase or exchange of any mute swan are prohibited.

(b) Hawks and falcons (families Falconidae and Accipitridae): The capture, possession, propagation, transportation, release, sale, purchase, exchange and disposition of falcons is allowed only as per the requirements of OAR 635 Division 44 (Protected Wildlife, Holding, and Game Bird Propagating Rules) and OAR 635 Division 55 (Falconry Licenses, Permits and Requirements.)

(c) Game birds: (Anatidae, Columbidae, Tetranidae, Phasianidae, Meleagrididae, Scolopacidae, Gruidae, Rallidae). The possession, propagation, sale, purchase and exchange of game birds is allowed only as per the requirements of OAR 635 division 44 (Protected Wildlife, Holding, and Game Bird Propagating Rules.)

(d) Unless authorized by the Department, European starling ( Sturnus vulgaris ), House sparrows ( Passer domesticus ), or Eurasian Collared Dove ( Streptopelia decaocto ) may not be imported into Oregon or released into the wild. However, viable eggs, nestlings, fledglings, or adults may be captured from the wild, possessed, bought or sold for any other purpose (including damage control research). No permit is required for such capture and possession.

(3) Controlled Amphibians: Bullfrog ( Rana catesbeiana ) including viable eggs, hatchlings, tadpoles, juveniles and adults: No person may import, purchase, sell, barter or exchange, or offer to import, purchase, sell, barter or exchange live bullfrogs. Individual bullfrogs may be collected from the wild and held indoors in an escape proof aquarium as per OAR 635-044-0050, Exhibit 1, for amphibians. Release is prohibited unless the person first obtains a permit from the director.

(4) Controlled Reptiles: Order Crocodylia (Crocodiles, Alligators and Gavials) are considered exotic animals pursuant to ORS 609.305. Therefore, the keeping, breeding and sale of such animals is regulated by ORS 609.205 through 609.355 and OAR 603-011-0705 and 603-011-0706. Those statutes and rules govern the authority of local governments and the Department of Agriculture over those activities concerning these animals. However, the Fish and Wildlife Commission retains authority to regulate release and transport of these animals, and their management if they are released or escape into the wild. It is unlawful to release any member of the order Crocodylia.

History

Statutory/Other Authority: 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.234
Statutes/Other Implemented: 498.234
DFW 73-2025, amend filed 08/19/2025, effective 08/19/2025
DFW 152-2017, amend filed 12/19/2017, effective 01/01/2018
DFW 90-2017(Temp), f. & cert. ef. 7-14-17 thru 12-31-17
DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11
DFW 15-2011, f. & cert. ef. 2-15-11
DFW 114-2008, f. & cert. ef. 9-19-08
DFW 53-2008(Temp), f. & cert. ef. 5-28-08 thru 9-19-08
DFW 116-2001, f. & cert. ef. 12-18-01
DFW 79-2000, f. & cert. ef. 12-22-00
DFW 94-1999, f. & cert ef. 12-23-99
DFW 63-1998, f. & cert. ef. 8-10-98
FWC 59-1997, f. & cert. ef. 9-3-97
FWC 69-1996, f. & cert. ef. 12-20-96

Or. Admin. R. 635-056-0075 Controlled Fish Species

(1) Controlled Fish

(a) Grass carp (Ctenopharyngodon idella): Grass carp may be released into water bodies within Oregon only pursuant to the issuance of a permit from the Department under sub-section (1)(a)(A) or if identified in sub-section (1)(a)(B). Complete permit applications shall be submitted to Department headquarters at least 60 days before proposed stocking. A fee of $250.00 (plus a $2.00 license agent fee) shall be charged for each Grass carp permit issued.

(A) The following restrictions and standards will govern the issuance of grass carp permits:

(i) Stocking will occur only in water bodies which are:

(I) Completely within private land; or

(II) On land owned or controlled by special districts defined in ORS 198.010.

(ii) Stocking will occur only in the following types of water bodies: (I) Lakes, ponds, or reservoirs less than 10 acres; or (II) Ditches and canals.

(iii) Public use of the water body must be restricted to prevent removal of grass carp (by angling or otherwise) by unauthorized persons. At a minimum, the water body must be closed to angling and other use by the general public.

(iv) Stocking shall not detrimentally affect any population of species listed as sensitive, threatened or endangered by the federal or state government.

(v) Stocking shall occur only in water bodies with fish screens approved by the Department. Such screens shall have screen openings 1 inch or less for fish 12–19 inches total length and screen openings 2 inches or less for fish over 19 inches total length. Screens shall be inspected and approved by the Department before a permit will be issued. The applicant must comply with fish passage requirements (OAR 635, division 412); given grass carp screening requirements, this entails applying for and receiving a waiver or exemption from passage requirements if grass carp will be stocked into waters where native migratory fish are or were historically present.

(vi) Stocking will not be allowed in water bodies within 100-year floodplains (as delineated by the Federal Emergency Management Agency on federal Flood Insurance Rate Maps) during times of potential flood. Times of potential flood are January 1 through July 31 in watersheds east of the Cascades and October 15 through May 31 in watersheds west of the Cascades. Grass carp will be removed from water bodies in a 100-year floodplain and held or disposed of during times of potential flood. If grass carp will be held and not disposed of, they shall be held at a permitted site outside the 100-year floodplain. Applications for sites within a 100-year floodplain shall contain a detailed removal plan which shall receive Department approval.

(vii) Grass carp may only be purchased and imported from approved suppliers outside Oregon. Grass carp may not be propagated or held for further distribution within Oregon. Department pathologists shall approve suppliers. Approval will be based on ability to provide grass carp free of Asian tapeworms and meet health and disease requirements according to OAR 635-007-0555 through 635-007-0585.

(viii) Grass carp imported into Oregon shall be:

(I) Sterile triploids. Documentation from the U.S. Fish and Wildlife Service that each fish is triploid must be submitted to the Department prior to release;

(II) At least 12 inches long;

(III) Tagged with a Passive Integrated Transponder (PIT) tag of frequency 134.2-kilohertz. Each tag shall be programmed with a unique identification number. A list of unique tag numbers shall be submitted to the Department prior to release; and

(IV) Stocked at a rate not exceeding 22 per affected acre.

(ix) In addition to documentation relating to the restrictions above, each permit application shall include:

(I) Applicant's name, address and daytime telephone number. All property owners of the water body to which grass carp will have unrestricted access must be party to the application and permit;

(II) Location of the water body, including township, range, section and quarter section, with map including written directions for access;

(III) Map of the water body including, vegetation present in the water body, all inlets and outlets, and screen locations;

(IV) Description of emergency procedures for responding to fish escapes from approved sites;

(V) Description of how fish will be removed and disposed of at the end of the proposed project.

(x) An application becomes the management plan upon approval. Permits and management plans shall be specific to particular sites and particular stocking projects. Permittees shall not deviate from permit conditions and management plans without prior written approval from the Department. No person may remove grass carp from one site (as identified in a management plan) and transport them to any other site without prior written approval from the Department.

(xi) An Oregon Department of Fish and Wildlife fish transport permit shall accompany grass carp imported into and transported within Oregon. If transport is required within the management plan and occurs entirely on the permittee's property, a transport permit is not needed. Any other permit or documentation required for fish import, transport, or stocking shall also be obtained prior to importation and stocking.

(xii) Permittees shall, as a condition of the permit, allow employees of the Department or the Oregon State Police to inspect at reasonable times the permitted water body, permit, and associated records. Inspection may take place without warrant or notice, but, unless prompted by emergency or other exigent circumstances, shall be limited to regular and usual business hours, including weekends. Nothing in these rules is intended to authorize or allow the warrantless search or inspection of property other than the water bodies or fish holding facilities on the permittee's property.

(xiii) Permits are revocable at any time for violation of any wildlife statute or rule of the Department. Upon revocation, if stocking has already occurred, the permittee shall remove all grass carp within two weeks at her/his own cost.

(xiv) Grass carp which escape a permitted water body are subject to seizure or destruction by the Department at the expense of the permit holder. The permit holder shall be held liable for incidental kill of any other species due to or during destruction of escaped grass carp.

(xv) The Commission may grant an exception to OAR 635-056-0075(1)(a)(A)(i) or (1)(a)(A)(ii). Exception requests must be submitted in writing in addition to the normal application and must address the requirements in this section. Unless the Commission determines that an alternative provides equivalent protection to fish and wildlife resources and their habitats, exceptions shall have the following additional requirements:

(I) If the water body into which grass carp will be stocked is greater than or equal to 10 acres a professional topographic survey by a licensed surveyor must be provided for the entire perimeter of the water body showing all points of water movement in and out of the water body. A topographic survey completed by a state or federal agency within five years from the date of application for the water body may be used. The Department shall determine screening requirements from the survey;

(II) Grass carp may remain in a water body within the 100-year floodplain year-round if a professional plan or drawing that is certified by a licensed engineer is provided which indicates that the entire perimeter of the water body is protected from 100-year floods. In order to prevent grass carp escape, screens, dikes, and devices protecting the water body must be able to remain structurally sound within 100-year floods and not be over-topped by a 100-year flood. The Department reserves the right to have a licensed engineer retained by the agency review and approve or deny the plan or drawing submitted by the applicant.

(B) Grass carp were legally stocked in Devils Lake (Lincoln County) prior to 1993 and may continue to be stocked subject to terms and conditions determined by the Department.

(b) Tilapia (Mozambique tilapia Oreochromis mossambicus, Nile tilapia O. niloticus, Wami tilapia O. urolepsis, Blackchin tilapia Sarotherodon melanotheron, and hybrids thereof): The possession, propagation, transportation, sale, purchase, exchange and disposition of these tilapia is controlled according to the following restrictions and standards:

(A) A person intending to sell, barter or exchange must apply for and receive an approved propagation license from the Oregon Department of Fish and Wildlife Fish Propagation Program prior to commencing production. A person may raise tilapia in-doors (a house, greenhouse, or other enclosed structure capable of excluding predators) for personal consumption without an Oregon Department of Fish and Wildlife-Fish Propagation license;

(B) Propagation outdoors must occur in ponds or tanks covered with nets or screens adequate to prevent the capture or transport of cultured fish by predators or other animals;

(D) Only animals certified as disease-free by the vendor may be purchased;

(E) Permittees must provide adequate veterinary care to identify and minimize the spread of diseases originating from the animals being held;

(F) No live tilapia or their gametes, fertilized eggs, or larvae may be released into waters of this State, as defined in ORS 506.006; and

(G) An Oregon Department of Fish and Wildlife fish transport permit shall accompany live tilapia imported into and transported within Oregon. If transport occurs entirely on the permittee's property, a transport permit is not needed.

(c) Tiger muskellunge (Esox lucius X Esox masquinongy): tiger muskellunge are classified as a controlled species for the specific purpose of stocking into Phillips Reservoir (Baker County) for fish management purposes according to the following restrictions and standards:

(A) Stocking will occur only in Phillips Reservoir located in Baker County. No other public or private water bodies will be stocked with tiger muskellunge unless approved by the Commission. Tiger muskellunge will be stocked into Phillips Reservoir at a rate not to exceed the adult density required to achieve the objectives of the introduction; control abundance of yellow perch to restore the rainbow trout fishery.

(B) Tiger muskellunge may only be obtained and imported from approved suppliers outside of Oregon. Tiger muskellunge may not be propagated or held for further distribution within Oregon. Department pathologists shall approve suppliers. Approval will be based on the ability to provide tiger muskellunge which meet health and disease requirements according to OAR 635-007-0960 through 635-007-0995.

(D) Department will establish a monitoring plan and program prior to release which shall include:

(i) Creel monitoring.

(ii) Population monitoring.

(iii) Plans to eradicate or suppress any illegal introductions of pike or muskellunge introductions to Phillips Reservoir.

(iv) Education and outreach.

(E) In conjunction with fish monitoring activities all live tiger muskellunge handled of suitable marking size shall be tagged with a Passive Integrated Transponder (PIT) tag. Each tag shall be programmed with identification number. A list of the PIT tag identification numbers shall be maintained by the District Fish Biologist and submitted to the Invasive Species Wildlife Integrity Coordinator.

(F) Any permit(s) or documentation(s) required for fish import, transport, or stocking shall be obtained prior to and accompany importation and stocking.

(G) Department will develop an environmental monitoring plan for Phillips Reservoir which should include basic limnological characterization of the reservoir (nutrient concentrations, light penetration, vertical profiles of physical and chemical characteristics of reservoir water, zooplankton, and phytoplankton composition and densities).

(d) Barramundi (Lates calcarifer) the possession, propagation, transportation, sale, purchase, exchange and disposition of Barramundi are controlled according to the following restrictions and standards:

(A) A person must apply for and receive an approved propagation license from the Oregon Department of Fish and Wildlife Fish Propagation Program prior to commencing production;

(B) An Oregon Department of Fish and Wildlife fish transport permit shall accompany live Barramundi imported into and transported within Oregon. If transport occurs entirely on the permittee’s property, a transport permit is not needed;

(C) Fish health certification must be reviewed and found acceptable by ODFW Fish Health personnel or veterinary staffs before fish are purchased or transported;

(D) Possession of live Barramundi outside of an approved facility or without a transport permit is prohibited;

(E) No live Barramundi or their gametes, fertilized eggs, or larvae may be released into water of the State, as defined in ORS 506.006;

(F) Propagation must occur indoors (enclosed structure capable of excluding predators) and only in closed recirculating systems;

(G) Access to production facilities must be through secure locked gates;

(H) Permittee must provide adequate veterinary care as directed by a veterinarian and adhere to Fish Health Management Policy OAR 635-007-0960 through 635-007-0995 to identify and minimize the spread of disease originating from the animals being held;

(I) Effluent water may not be discharged directly into any waters of the state.

(2) Controlled Mollusks:

(a) Suminoe oysters (Crassostrea ariakensis), Pacific oysters (C.gigas), Kumamoto oysters (C. sikamea), Eastern oysters (C. virginica), and European flat oysters (Ostrea edulis) may be purchased and imported from outside Oregon (or from other estuaries within Oregon) for release into estuaries in Oregon pursuant to the terms of a permit issued by the department. Complete permit applications must be submitted to the department’s Marine Resources Program Headquarters (2040 SE Marine Science Drive, Newport, Oregon 97365) at least 15 days before proposed stocking. Oysters may be commercially harvested and sold pursuant to OAR 635-005.

(b) Softshell clam (Mya arenaria), Japanese varnish clam (Nuttalia obscuratai), and Japanese littleneck clam (Venerupis philipinnarum) may be harvested, possessed and sold commercially pursuant to OAR 635-005 or harvested and possessed recreationally pursuant to OAR 635-039.

(3) Controlled Crustaceans:

(a) Green crabs (Carcinus maenas) may be harvested recreationally pursuant to the currrent annual Oregon Sport Fishing Regulations.

(b) Whiteleg shrimp (Litopenaeus vannamei): The possession, propagation, transportation, sale, purchase, exchange and disposition of whiteleg shrimp is controlled according to the following restrictions and standards:

(A) A person must apply for and receive an approved propagation license from the Oregon Department of Fish and Wildlife Fish Propagation Program prior to commencing production;

(B) Propagation must occur in ponds covered with nets or screens adequate to prevent the capture or transport of cultured shrimp by predators or other animals;

(D) Only animals certified as disease-free by the vendor may be purchased;

(E) Permittees must provide adequate veterinary care to identify and minimize the spread of diseases originating from the animals being held;

(F) No live whiteleg shrimp or their gametes, fertilized eggs, or larvae may be released into waters of this State, as defined in ORS 506.006; and

(G) An Oregon Department of Fish and Wildlife fish transport permit shall accompany live whiteleg shrimp imported into and transported within Oregon. If transport occurs entirely on the permittee's property, a transport permit is not needed.

(c) Giant river prawns (Macrobrachium rosenbergii): The possession, propagation, transportation, sale, purchase, exchange and disposition of giant river prawns is controlled according to the following restrictions and standards:

(A) A person must apply for and receive an approved propagation license from the Oregon Department of Fish and Wildlife Fish Propagation Program prior to commencing production;

(B) Propagation must occur in ponds covered with nets or screens adequate to prevent the capture or transport of cultured prawns by predators or other animals;

(D) Only animals certified as disease-free by the vendor may be purchased;

(E) Permittees must provide adequate veterinary care to identify and minimize the spread of diseases originating from the animals being held;

(F) No giant river prawns or their gametes, fertilized eggs, or larvae may be released into waters of this State, as defined in ORS 506.006; and

(G) An Oregon Department of Fish and Wildlife fish transport permit shall accompany live giant river prawns imported into and transported within Oregon. If transport occurs entirely on the permittee's property, a transport permit is not needed.

(d) Crayfish – Cambaridae and Parastacidae – All species: The importation, possession, propagation, transportation, sale, purchase, exchange and disposition of non-native crayfish is controlled according to the following restrictions and standards.

(A) Non-native crayfish may be harvested, possessed and sold commercially pursuant to OAR 635-005-0855 through 635-005-0885 or harvest recreationally pursuant to ORS 496.162 from waters of the State as defined in ORS 503.006;

(B) Live non-native crayfish may not be used as bait;

(C) Non-native crayfish or their gametes, fertilized eggs, or larvae may not be released into waters of the State, as defined in ORS 503.006;

(D) Propagation is not allowed;

(E) Non-native crayfish may not be imported except by recognized educational institutions or for immediate consumption (Immediate consumption means within one week from date of delivery):

(i) Prior to purchase and importation; must apply for and receive authorization from Oregon Department of Fish and Wildlife;

(ii) Crayfish must be euthanized after educational section is completed.

(iii) Non-native crayfish must remain in an indoor secure facility and can only be removed when transporting for immediate preparation for consumption;

(iv) An Oregon Department of Fish and Wildlife fish transport permit shall accompany non-native crayfish imported into Oregon.

(F) Fish health certification must be reviewed, found acceptable and be on file by ODFW Fish Health personnel or veterinary staffs before crayfish are imported into the State.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 498.052, 498.222, 496.146, 497.308, 497.318 & 498.022
DFW 73-2025, amend filed 08/19/2025, effective 08/19/2025
DFW 116-2023, amend filed 12/19/2023, effective 12/19/2023
DFW 151-2022, minor correction filed 12/08/2022, effective 12/08/2022
DFW 152-2017, amend filed 12/19/2017, effective 01/01/2018
DFW 90-2017(Temp), f. & cert. ef. 7-14-17 thru 12-31-17
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 131-2014, f. & cert. ef. 9-11-14
Reverted to DFW 148-2012, f. & cert. ef. 12-18-12
DFW 26-2014(Temp), f. 3-21-14, cert. ef. 4-1-14 thru 8-31-14
DFW 148-2012, f. & cert. ef. 12-18-12
DFW 131-2012, f. & cert. ef. 10-11-12
DFW 15-2011, f. & cert. ef. 2-15-11
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 114-2008, f. & cert. ef. 9-19-08
DFW 53-2008(Temp), f. & cert. ef. 5-28-08 thru 9-19-08
DFW 64-2003, f. & cert. ef. 7-17-03
DFW 116-2001, f. & cert. ef. 12-18-01
DFW 79-2000, f. & cert. ef. 12-22-00
DFW 94-1999, f. & cert ef. 12-23-99
DFW 63-1998, f. & cert. ef. 8-10-98

Or. Admin. R. 635-056-0080 Sale of Wildlife

(1) Except as provided in these rules and other rules of the commission, no person shall sell, purchase, exchange or offer to sell, purchase or exchange any wildlife (including game fish in the aquaria trade).

(2) Except as otherwise provided in this section, kingsnakes (Lampropeltis getula and L. zonata) and gopher (bull) snakes (Pituophis catenifer) that are morphologically similar to native species may be possessed, transported, sold, purchased, exchanged or offered for sale, purchase or exchange if the animals were legally acquired and bred in captivity. However, nothing in these rules authorizes the:

(a) Capture, possession, transportation, sale, purchase, exchange, or offer of sale, purchase or exchange of any wild native kingsnake or its offspring; or

(b) Sale, purchase, exchange, or offer of sale, purchase or exchange of any wild gopher snake or its progeny.

(3) When any nonnative wildlife species is offered for sale, trade or barter, the person making the offer shall display (until the transaction is completed) both the species’ common name(s) and scientific taxonomic name (genus, species and subspecies (if appropriate)), as listed in the reference material in 635-056-0000(2) of these rules. The common name(s) and scientific name shall be posted at or on the cage, tank, or pen where the wildlife are being held, displayed or advertised.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 73-2025, amend filed 08/19/2025, effective 08/19/2025
DFW 15-2011, f. & cert. ef. 2-15-11
DFW 116-2001, f. & cert. ef. 12-18-01
DFW 96-1998, f. & cert. ef. 11-25-98
FWC 59-1997, f. & cert. ef. 9-3-97
FWC 41-1997(Temp), f. & cert. ef. 7-23-97
FWC 69-1996, f. & cert. ef. 12-20-96

Or. Admin. R. 635-056-0090 Transportation

(1) Except as provided in this section or other rules of the commission, wildlife may be transported through the state without an import permit from the department (some activities may require approval from the Oregon Department of Agriculture), provided the animal:

(a) Remains in the state no longer than 72 hours;

(b) Is not sold, purchased, exchanged or offered for sale, purchase or exchange or otherwise transferred while in the state; and

(c) Is accompanied by an import permit from the Oregon Department of Agriculture, if required, and proof of legal possession.

(2) If an animal being transported through the state must remain in the state longer than 72 hours due to unexpected delays, the person transporting such animal must notify the department’s Salem headquarters office. Such notification shall include the type of species being transported and the location of the animals.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029 & 498.052
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.222 & 498.242
DFW 73-2025, amend filed 08/19/2025, effective 08/19/2025
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
FWC 69-1996, f. & cert. ef. 12-20-96

Or. Admin. R. 635-056-0100 Holding of Nonnative Wildlife

Except as otherwise provided by these rules, persons possessing any Prohibited, Controlled or Noncontrolled wildlife must meet the humane requirements of OAR 635-044-0500. Facilities housing nonnative wildlife and associated records are subject to inspection by any State Police officer or department representative. Inspection of the facilities may take place without warrant or notice, but, unless prompted by emergency or other exigent circumstances, shall be limited to regular and usual business hours, including weekends. Nothing in these rules is intended to authorize or allow the warrantless search or inspection of a residence.

History

Statutory/Other Authority: 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242 & ORS 496.012
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 27-2020, minor correction filed 03/10/2020, effective 03/10/2020
DFW 79-2000, f. & cert. ef. 12-22-00
FWC 72-1997, f. & cert. ef. 12-29-97
FWC 69-1996, f. & cert. ef. 12-20-96

Or. Admin. R. 635-056-0110 Escaped Wildlife

Any person (or authorized agent of that person) who possesses either a Prohibited wildlife species permitted under OAR 635-056-0050 or grandfathered by the commission, or a Controlled species under a valid permit, shall notify the department within 24 hours of discovery that the animal has escaped. If the department discovers the escape, it shall notify the permittee or the permittee’s authorized agent within 24 hours. If escaped wildlife are not recovered by the permittee or the permittee’s agent within forty-eight (48) hours following notification to the department or notification by the department, a department representative, or any peace officer, may at their discretion seize, capture or destroy said wildlife.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
FWC 72-1997, f. & cert. ef. 12-29-97
FWC 69-1996, f. & cert. ef. 12-20-96

Or. Admin. R. 635-056-0130 Classification Requests

(1) For species that are not listed in these rules, no person may possess, import, purchase, sell, exchange, or offer to purchase, sell or exchange the species in Oregon.

(2) Species may be classified as Prohibited, Controlled or Noncontrolled. The classification may vary by activity (e.g., possession allowed, but sale prohibited). If a specific nonnative species, subspecies or hybrid is not classified as either Prohibited, Controlled or Noncontrolled, or is classified but not for a particular activity (e.g., import, sale, possession, transport), any person may either:

(a) Petition the commission to classify the species or allow the particular activity pursuant to OAR 137-001-0070; or

(b) Request the director to classify the species as Noncontrolled, pursuant to OAR 635-056-0140.

(c) Any person petitioning or requesting classification shall provide information illustrating that the requested action will not harm, nor has the potential to harm, any native species or its habitat. The information should be scientific in nature, in written form and include an appropriate literature cited section.

(3) In evaluating a request to classify a species, subspecies or hybrid, the commission may consider the following factors, when appropriate:

(a) Potential to introduce disease or parasites to native wildlife populations;

(b) Potential for interbreeding or hybridizing with native wildlife;

(d) Impacts on the habitat of native wildlife;

(e) Potential predation on native wildlife;

(f) Feasibility of capturing and eradicating escaped animals;

(g) Cost of capturing and eradicating escaped animals; or

(h) Any other factor or consideration the commission considers necessary to protect and maintain native wildlife.

(i) How is the species categorized in “The IUCN Red List of Threatened Species?

(j) Is the species commercially propagated? Unknown, rarely, moderate, common

(4) The director may appoint a Wildlife Integrity Review Panel to consider the information presented by the petitioner as appropriate. The director may, in appointing the panel, consider scientific expertise, professional background, and other qualifications needed to make sound decisions. The director may seek commission recommendations in making Wildlife Integrity Review Panel appointments. If convened, the panel shall make a recommendation to the commission on the classification of the species, subspecies or hybrid and what conditions, if any, should apply to the proposed activity (e.g., import, sale, possession, transfer).

(5) The director may call for scientific based studies or other verifiable information useful in placing the requested species in the appropriate classification category.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 131-2014, f. & cert. ef. 9-11-14
DFW 20-2014, f. & cert. ef. 3-11-14
DFW 15-2011, f. & cert. ef. 2-15-11
DFW 116-2001, f. & cert. ef. 12-18-01
DFW 99-1998, f. & cert. ef. 12-22-98
FWC 59-1997, f. & cert. ef. 9-3-97
FWC 69-1996, f. & cert. ef. 12-20-96

Or. Admin. R. 635-056-0140 Noncontrolled Classification

(1) Upon a request pursuant to OAR 635-056-0130(3)(b), the director may classify a species as Noncontrolled if the director determines, based upon scientific information, that the species presents a low risk of harm to native wildlife. In evaluating the risk, the director shall determine the relative risk (high, medium, low, unknown) for each of the following criteria:

(a) Whether the species' natural range and habitat is similar to Oregon's climate and habitat;

(b) Whether the species has an invasive history;

(d) Whether the species has the potential to prey upon native wildlife;

(e) Whether the species can potentially degrade the habitat of native wildlife;

(f) Whether the species has the potential to pass disease or parasites to native wildlife;

(g) What types of disease or parasites could be passed on to native wildlife;

(h) Whether the species has the potential to compete for food, water, shelter, or space with native wildlife;

(i) Whether the species has the potential to hybridize with native wildlife; and

(j) Whether the species can be readily distinguished from a native species, or a prohibited or controlled species.

(k) How is the species categorized in “The IUCN Red List of Threatened Species?

(l) Is the species commercially propagated? Unknown, rarely, moderate, common

(2) If the director determines that the risk for all of the above criteria is low, or that the risk for one of the criterion is medium and the risk for the remaining criteria is low, then the director may classify the species as Noncontrolled. If the director determines that the risk for any of the criteria is high or unknown, or that the risk for two or more of the criteria is medium, the director shall refer the petition to the commission for a decision.

(3) The director shall notify the petitioner in writing of any decision and the rationale for that decision. If the petitioner or an affected person disagrees with the director's decision to list a species as Noncontrolled, the person may request the commission to review the director's decision.

(4) The director shall maintain a list of those species classified as Noncontrolled, and shall make the list available to the public.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 152-2017, amend filed 12/19/2017, effective 01/01/2018
DFW 90-2017(Temp), f. & cert. ef. 7-14-17 thru 12-31-17
DFW 131-2014, f. & cert. ef. 9-11-14
DFW 20-2014, f. & cert. ef. 3-11-14
DFW 79-2000, f. & cert. ef. 12-22-00
FWC 59-1997, f. & cert. ef. 9-3-97
FWC 69-1996, f. & cert. ef. 12-20-96

Or. Admin. R. 635-056-0150 Grandfathering

(1) A person who possessed a Prohibited wildlife species prior to the time the commission places the species on the Prohibited list, or an unclassified species if legally obtained prior to January 1, 2000, may continue to hold the animal(s) for the life of such animal(s), provided:

(a) The person has proof of legal possession prior to the listing (e.g., sales receipt, import permit from Oregon Department of Agriculture.)

(b) The animal(s) and any offspring are not released, transported, imported, sold, purchased, exchanged, offered for sale, purchase or exchange, or otherwise transferred within the state; and

(2) A Prohibited wildlife species legally held in compliance with the requirements of subsection (1) of this rule may be sold or exchanged provided that the animal is directly and permanently transported out of Oregon

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 90-2017(Temp), f. & cert. ef. 7-14-17 thru 12-31-17
DFW 20-2014, f. & cert. ef. 3-11-14
DFW 116-2001, f. & cert. ef. 12-18-01
FWC 59-1997, f. & cert. ef. 9-3-97
FWC 69-1996, f. & cert. ef. 12-20-96

Division 57 DEFINITION OF WILD BIRDS AND WILD MAMMALS

Or. Admin. R. 635-057-0000 Definition of “Wild Birds” and “Wild Mammals”

This rule governs all Commission Rules using the terms "wild birds" or "wild mammals," pursuant to SB 804, (Oregon Laws 2007). The purpose of this rule is to clarify the scope of the term "wildlife," which according to statute includes (among other things) "wild mammals" and "wild birds." "Wildlife" is the term used in many statutes describing the regulatory authority of the Fish and Wildlife Commission. The intent of this rule is to include as "wild mammals" and "wild birds" all species which, if viewed globally, typically exist in a wild state. Note that other statutes governing the authority of other agencies may use terms that (in some circumstances) may overlap with the Commission's authority over "wildlife." For example, the Department of Agriculture has the authority to regulate the private holding of "exotic" animals, some of which otherwise qualify as "wildlife" (and which the Commission otherwise is in charge of regulating). Therefore, the reader is cautioned to note distinctions in how Oregon law uses different terms regarding wild animals.

(1) "Wild mammals" means all mammals except:

(a) Alpaca, Guanaco, Llama — Lama glama.

(b) Ass, Burro, Donkey — Equus asinus.

(d) Camel — Camelus bactrianus and C. dromedarius.

(e) Cat (all domestic breeds) — Felis catus.

(f) Cattle and Yak — Bos species.

(g) Chinchilla — Chinchilla laniger.

(h) Dog (all domestic breeds) — Canis familiaris.

(i) European Rabbit — Oryctolagus cuniculus.

(j) Ferret (European polecat) — Mustela putorius.

(k) Gerbil (Mongolian Jird) — Meriones unguiculatus.

(l) Goat — Capra hircus.

(m) Guinea pig — Cavia porcellus.

(n) Common Hamster — Cricetus cricetus.

(o) Horse — Equus caballus.

(p) Mouse (House mouse) — Mus musculus.

(q) Mule and Hinny — Equus asinus x E. caballus.

(r) Rat — Rattus norvegicus and R. rattus.

(s) Sheep — Ovis aries and hybrids of O. aries with O. aires orientalis, hybrids of O. aries with Ammotragus lervia, and hybrids of O. aries with Pseudois nayaur.

(t) Swine — Sus scrofa domestica (includes pot-bellied pigs)

(u) Vicuña — Vicugna vicugna.

(2) "Wild birds" means all birds except:

(a) Cassowary Casuarius species;

(b) Chicken Gallus gallus;

(d) Emu — Dromaius novaehollandiae;

(e) Guinea fowl — Numida meleagris;

(f) Ostrich — Struthio camelus;

(g) Parrots, Parakeets, Lories, and Cockatoos Psittaciformes (All species);

(h) Peafowl — Pavo cristatus;

(i) Pigeon or Rock dove — Columba livia;

(j) Rhea — Rhea americana and R. pennata;

(k) Turkey (morphologically distinct from wild turkey) — Meleagris gallopavo.

History

Statutory/Other Authority: ORS: 496.004, 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.004(19), 496.004; 496.012, 496.138, 496.146, 496.162, SB 804 (OL 2007 & ch. 523)
DFW 15-2011, f. & cert. ef. 2-15-11
DFW 122-2007, f. & cert. ef. 11-19-07

Division 58 FERAL SWINE

Or. Admin. R. 635-058-0000 Purpose and General Information

(1) The purpose of this rule is to protect Oregon’s native wildlife from disease, predation and the destruction of habitat caused by feral swine within the state. These rules remove various incentives for allowing feral swine to knowingly roam on private and public property.

(2) Feral Swine are defined by the State Department of Agriculture in OAR 603-010-0055.

(3) ”Department” means the Oregon Department of Fish and Wildlife.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.022, 498.029, 498.052, 498.222 & HB 2221 (2009 OL Ch. 605)
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.022, 498.029, 498.052, 498.222 & HB 2221 (2009 OL Ch. 605)
DFW 2-2010, f. & cert. ef. 1-12-10

Or. Admin. R. 635-058-0010 Removal of Feral Swine

(1) HB 2221 (Oregon Laws 2009, Chapter 605) requires that a person who owns or controls land (or an employee of that person who acts as land manager) must notify the Department within 10 days of discovering feral swine on the land. Within 60 days after notification, the person or their land manager must submit a feral swine removal plan to the Department for approval. At minimum, the plan must include:

(a) Actions to be taken to remove all feral swine from the land (which may include, but are not limited to, hunting and trapping); and

(b) An expiration date for the proposed actions.

(2) Upon approval of the plan by the Department, the person or land manager must implement the plan.

(3) The Department may grant an extension of the expiration date of the feral swine removal plan.

(a) The request for an extension must be submitted to the Department by the person or land manager at least seven (7) days prior to the expiration date.

(b) The Department will determine the length of the extension on a case-by-case basis.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.022, 498.029, 498.052, 498.222 & HB 2221 (2009 OL Ch. 605)
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.022, 498.029, 498.052, 498.222 & HB 2221 (2009 OL Ch. 605)
DFW 2-2010, f. & cert. ef. 1-12-10

Or. Admin. R. 635-058-0020 Land Subject to Inspection

After the expiration date of a Department-approved feral swine removal plan, the Oregon State Police or Department may (upon 10 days’ prior notice) enter the land to determine whether implementation of the plan removed all feral swine. Entry will be limited to regular and usual business hours, including weekends. Nothing in these rules is intended to authorize or allow the warrantless search or inspection of a residence.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.022, 498.029, 498.052, 498.222 & HB 2221 (2009 OL Ch. 605)
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.022, 498.029, 498.052, 498.222 & HB 2221 (2009 OL Ch. 605)
DFW 2-2010, f. & cert. ef. 1-12-10

Division 59 AQUATIC INVASIVE SPECIES CONTROL

Or. Admin. R. 635-059-0000 Purpose and General Information

(1) The purpose of this rule is to protect Oregon’s water resources, fish, wildlife and their habitat from harm due to the introduction and/or spread of aquatic invasive species.

(2) “Aquatic Invasive Species” is any species of wildlife, fish (excluding game fish) or freshwater or marine invertebrates that are listed in the “United States Geological Service list of Aquatic Nonindigenous species in Oregon” dated June 4, 2009 or that is listed as a mollusk or crustacean in OAR 635-056-0050 as a Prohibited Species.

History

Statutory/Other Authority: ORS: 496.012, 496.138, 498.002 & HB 2220 (2009 OL Ch. 764) and HB 2583 (2009 OL Ch. 303)
Statutes/Other Implemented: ORS: 496.012, 496.138, 498.002 & HB 2220 (2009 OL Ch. 764) and HB 2583 (2009 OL Ch. 303)
DFW 3-2010, f. & cert. ef. 1-12-10

Or. Admin. R. 635-059-0010 Aquatic Invasive Species Reporting Information

If aquatic invasive species are found on or inside a watercraft, the owner or operator must provide the department with an accurate history as to where the watercraft has been during the last six months. Information shall include;

(1) All waterbody(s) in which the watercraft has been moored or operated;

(2) The length of time that the watercraft has been out of water;

(3) All locations where the watercraft has been stored; and

(4) If previously inspected, the agency and individual which conducted the inspection.

History

Statutory/Other Authority: ORS: 496.012, 496.138, 498.002 & HB 2220 (2009 OL Ch. 764) and HB 2583 (2009 OL Ch. 303)
Statutes/Other Implemented: ORS: 496.012, 496.138, 498.002 & HB 2220 (2009 OL Ch. 764) and HB 2583 (2009 OL Ch. 303)
DFW 3-2010, f. & cert. ef. 1-12-10

Or. Admin. R. 635-059-0050 Allowable Blind Material for Boats

(1) Oregon Laws 2009, chapter 303, section 2(2) generally prohibits the launching of boats with aquatic species on or in the boat. However, that law also authorizes the Fish and Wildlife Commission to by rule allow the presence of certain aquatic species on or in a boat for activities including but not limited to hunting and photography. This rule implements that authority.

(2) Aquatic plant species which are not listed in the “Oregon State Noxious Weed List” adopted by the Oregon Department of Agriculture in OAR 603-052-1200 may be used on or within a boat as blind material for the purpose of hunting or wildlife photography.

History

Statutory/Other Authority: ORS: 496.012, 496.138, 498.002 & HB 2220 (2009 OL Ch. 764) and HB 2583 (2009 OL Ch. 303)
Statutes/Other Implemented: ORS: 496.012, 496.138, 498.002 & HB 2220 (2009 OL Ch. 764) and HB 2583 (2009 OL Ch. 303)
DFW 3-2010, f. & cert. ef. 1-12-10

Division 60 GAME MAMMAL AND GAME BIRD CONTROLLED HUNT REGULATIONS

Or. Admin. R. 635-060-0000 Purpose and General Information

(1) The purpose of these rules is to describe the requirements and procedures for controlled hunts pursuant to ORS Chapter 496.162.

(2) The documents entitled “2026-2027 Oregon Game Bird Hunting Regulations,” and “2026 Oregon Big Game Regulations,” are incorporated by reference into these rules. These documents are available at hunting license agents and regional, district, and headquarters offices of the Oregon Department of Fish and Wildlife.

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

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 31-2026, amend filed 04/27/2026, effective 04/27/2026
DFW 107-2025, amend filed 11/25/2025, effective 12/01/2025
DFW 33-2025, amend filed 04/28/2025, effective 04/28/2025
DFW 106-2024, amend filed 12/09/2024, effective 12/09/2024
DFW 47-2024, amend filed 06/18/2024, effective 06/18/2024
DFW 117-2023, amend filed 12/21/2023, effective 12/22/2023
DFW 37-2023, amend filed 05/01/2023, effective 05/01/2023
DFW 160-2022, amend filed 12/29/2022, effective 12/29/2022
DFW 43-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 183-2021, amend filed 12/30/2021, effective 12/30/2021
DFW 58-2021, amend filed 05/06/2021, effective 05/06/2021
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 103-2020, amend filed 08/13/2020, effective 08/13/2020
DFW 60-2020, temporary amend filed 05/19/2020, effective 05/19/2020 through 10/06/2020
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 92-2019, temporary amend filed 06/28/2019, effective 06/28/2019 through 12/24/2019
DFW 45-2019, amend filed 04/23/2019, effective 04/23/2019
DFW 27-2019, amend filed 03/11/2019, effective 03/11/2019
DFW 81-2018, temporary amend filed 06/28/2018, effective 06/28/2018 through 11/30/2018
DFW 54-2018, amend filed 04/25/2018, effective 04/25/2018
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 49-2017, f. & cert. ef. 4-24-17
FWC 118, f. & ef. 6-3-77; FWC 25-1978, f. & ef. 5-26-78; FWC 32-1978, f. & ef. 6-30-78; FWC 29-1979, f. & ef. 8-2-79; FWC 33-1980, f. & ef. 6-30-80; FWC 7-1981, f. 2-18-81, ef. 6-1-81; FWC 10-1981, f. & ef. 3-31-81; FWC 22-1981, f. & ef. 6-29-81; FWC 21-1982, f. & ef. 3-31-82; FWC 38-1982, f. & ef. 6-25-82; FWC 34-1984, f. & ef. 7-24-84; FWC 16-1985, f. & ef. 4-11-85; FWC 43-1985, f. & ef. 8-22-85; FWC 35-1986, f. & ef. 8-7-86; FWC 11-1987, f. & ef. 3-6-87; FWC 40-1987, f. & ef. 7-6-87; FWC 12-1988, f. & cert. ef. 3-10-88; FWC 37-1988, f. & cert. ef. 6-13-88; FWC 14-1989, f. & cert. ef. 3-28-89; FWC 48-1989, f. & cert. ef. 7-25-89; FWC 23-1990, f. & cert. ef. 3-21-90; FWC 71-1997, f. & cert. ef. 12-29-97; DFW 61-1998, f. & cert. ef. 8-10-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 56-1999, f. & cert. ef. 8-13-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 51-2000, f. & cert. ef. 8-22-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 73-2001, f. & cert. ef. 8-15-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 3-2002(Temp), f. & cert. ef. 1-3-02 thru 1-23-02; DFW 28-2002(Temp), f. 4-1-02, cert. ef. 4-2-02 thru 9-28-02; DFW 59-2002, f. & cert. ef. 6-11-02; DFW 88-2002, f. & cert. ef. 8-14-02; DFW 2-2003, f. & cert. ef. 1-17-03; DFW 76-2003, f. & cert. ef. 8-13-03; DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 84-2004, f. & cert. ef. 8-18-04; DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05; DFW 91-2005, f. & cert. ef. 8-19-05; DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06; DFW 81-2006, f. & cert. ef. 8-11-06; DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07; DFW 68-2007, f. & cert. ef. 8-14-07; DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08; DFW 60-2008, f. & cert. 6-12-08; DFW 90-2008, f. & cert. ef. 8-13-08; DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09; DFW 93-2009, f. & cert. ef. 8-12-09; DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10; DFW 117-2010, f. & cert. ef. 8-13-10; DFW 140-2010(Temp), f. & cert. ef. 10-6-10 thru 12-31-10; Administrative correction, 1-25-11; DFW 108-2011, f. & cert. ef. 8-5-11; DFW 103-2012, f. & cert. ef. 8-6-12; DFW 85-2013, f. & cert. ef. 8-5-13; DFW 112-2014, f. & cert. ef. 8-4-14; DFW 151-2014, f. & cert. ef. 10-17-14; DFW 105-2015, f. & cert. ef. 8-12-15; DFW 158-2015, f. & cert. ef. 11-25-15; DFW 41-2016, f. & cert. ef. 4-27-16; DFW 20-2017, f. & cert. ef. 3-2-17

Or. Admin. R. 635-060-0005 Application Eligibility and Procedures

(1)(a) An applicant for game mammal controlled hunts shall have a current adult hunting license or youth combination license.

(b) Licenses are nonrefundable, whether or not an applicant is successful in the drawing.

(2)(a) A valid controlled hunt application is required to participate in a controlled hunt drawing. The purchase price of the application for each game mammal hunt series shall be a nonrefundable fee as listed below:

(A) For license years 2026 and 2027, $8.00 per application plus a nonrefundable $2.00 license agent fee;

(B) For license years 2028 and 2029, $9.00 per application plus a nonrefundable $2.00 license agent fee;

(b) Department license agents authorized to sell applications for controlled hunts shall be connected to the Department’s computerized licensing system.

(3) Each controlled hunt is assigned a hunt number. Each application shall consist of the hunt number, or hunt numbers, indicating the applicant’s hunt area of choice. Each application is hunt series specific and may only list hunt numbers for controlled hunts within one of the hunt series as listed below:

(a) 100 series for controlled buck deer.

(b) 200 series for controlled elk.

(d) 500 series for bighorn sheep.

(e) 600 series for controlled antlerless deer.

(f) 700 series for controlled black bear.

(g) 900 series for controlled Rocky Mountain goat.

(h) L series for Premium deer.

(i) M series for Premium elk.

(j) N series for Premium pronghorn antelope.

(4) If successful in the drawing, party members shall receive the same hunt choice as the party leader. Party size limits are as follows:

(a) 100 series hunts, no limitation.

(b) 200 series hunts, no limitation.

(d) 500 series hunts, no parties allowed.

(e) 600 series hunts, no limitation.

(f) 700 series hunts, no limitation.

(g) 900 series hunts no parties allowed.

(h) L series hunts no parties allowed.

(i) M series hunts no parties allowed.

(j) N series hunts no parties allowed.

(5) Controlled Hunt applications, along with the proper fees, must be submitted online, through the Department or its agents no later than midnight of the deadline dates described in OAR 635-060-0008 (1)-(4). Applications received after the specified deadline dates may be considered disqualified as described in OAR 635-060-0018(4).

(6) To apply for a controlled youth hunt for spring bear, pronghorn, deer or elk a youth must be 12-17 years old at the time they hunt.

(7) The purchase price of applications for controlled game bird hunts shall be a nonrefundable fee of $2.00 per application, and a nonrefundable $2.00 license agent processing fee. Game bird controlled hunt application procedures are listed in the current Oregon Game Bird Hunting Regulations.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 107-2025, amend filed 11/25/2025, effective 12/01/2025
DFW 117-2023, amend filed 12/21/2023, effective 12/22/2023
DFW 37-2023, amend filed 05/01/2023, effective 05/01/2023
DFW 160-2022, amend filed 12/29/2022, effective 12/29/2022
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 158-2015, f. & cert. ef. 11-25-15
FWC 32-1978, f. & ef. 6-30-78; FWC 29-1979, f. & ef. 8-2-79; FWC 14-1980, f. & ef. 4-8-80; FWC 33-1980, f. & ef. 6-30-80; FWC 7-1981, f. 2-18-81, ef. 6-1-81; FWC 10-1981, f. & ef. 3-31-81; FWC 22-1981, f. & ef. 6-29-81; FWC 21-1982, f. & ef. 3-31-82; FWC 38-1982, f. & ef. 6-25-82; FWC 34-1984, f. & ef. 7-24-84; FWC 35-1986, f. & ef. 8-7-86; FWC 11-1987, f. & ef. 3-6-87; FWC 40-1987, f. & ef. 7-6-87; FWC 12-1988, f. & cert. ef. 3-10-88; FWC 37-1988, f. & cert. ef. 6-13-88; FWC 14-1989, f. & cert. ef. 3-28-89; FWC 48-1989, f. & cert. ef. 7-25-89, Renumbered from 635-060-0017; FWC 23-1990, f. & cert. ef. 3-21-90; FWC 54-1990, f. & cert. ef. 6-21-90; FWC 36-1993, f. & cert. ef. 6-14-93; FWC 46-1993, f. & cert. ef. 8-4-93; FWC 51-1993, f. & cert. ef. 8-25-93; FWC 6-1994, f. & cert. ef. 1-26-94; FWC 45-1994(Temp), f. & cert. ef. 7-29-94; FWC 94-1994, f. & cert. ef. 12-22-94, FWC 63-1995, f. & cert. ef. 8-3-95; FWC 21-1996, f. & cert. ef. 5-1-96; FWC 9-1997, f. & cert. ef. 2-27-97; FWC 71-1997, f. & cert. ef. 12-29-97; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 30-2000, f. & cert. ef. 6-14-00; DFW 47-2001, f. & cert. ef. 6-13-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 32-2002(Temp), f. & cert. ef. 4-17-02 thru 10-13-02; DFW 59-2002, f. & cert. ef. 6-11-02; DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05; DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10; DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10; DFW 6-2013, f. & cert. ef. 1-23-13

Or. Admin. R. 635-060-0008 Application Deadline Dates

(1) The application deadline for spring black bear controlled hunts is February 10, each year.

(2) The application deadline for pronghorn antelope, bighorn sheep, Rocky Mountain goat, deer and elk controlled hunts is May 15, each year.

(3) In the event that tags remain from undersubscribed controlled hunts after the game mammal controlled hunt drawing ("leftover tags"), the department may issue remaining tags for sale online through the Department's Electronic Licensing System. Tags issued in this manner may be exchanged for a general season tag only as authorized by OAR 635-010-0019. A person may only purchase one leftover tag per hunt series.

(4) Leftover tags are not available as an additional tag. Beginning the next business day after leftover tags are made available to the public a hunter who was selected for a tag of their choice through the original game mammal controlled hunt drawing process may exchange that tag for a remaining leftover tag while tags remain available. Exchanges may be completed on-line or in person at the department’s license agents regional offices, designated district offices, or the Salem headquarters office of the department and must be made before the start of the seasons for which the tags are issued. The tag being exchanged shall not be reissued.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 160-2022, amend filed 12/29/2022, effective 12/29/2022
DFW 183-2021, amend filed 12/30/2021, effective 12/30/2021
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 92-2019, temporary amend filed 06/28/2019, effective 06/28/2019 through 12/24/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 51-2009(Temp), f. & cert. ef. 5-14-09 thru 6-1-09
DFW 47-2009(Temp), f. & cert. ef. 5-12-09 thru 5-20-09
DFW 50-2008(Temp), f. & cert. ef. 5-14-08 thru 5-20-08
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 67-2002(Temp), f. & cert. ef. 6-28-02 thru 12-20-02
DFW 59-2002, f. & cert. ef. 6-11-02
DFW 34-2002, f. & cert. ef. 4-18-02
DFW 32-2002(Temp), f. & cert. ef. 4-17-02 thru 10-13-02
DFW 52-2001(Temp), f. & cert. ef. 6-27-01 thru 12-24-01
DFW 47-2001, f. & cert. ef. 6-13-01
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 12-1999(Temp), f. & cert. ef. 2-25-99 thru 6-30-99
DFW 6-1999(Temp), f. & cert. ef. 2-9-99 through 2-19-99
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 21-1996, f. & cert. ef. 5-1-96
FWC 48-1989, f. & cert. ef. 7-25-89, FWC 23-1990, f. & cert. ef. 3-21-90; FWC 54-1990, f. & cert. ef. 6-21-90; FWC 18-1991, f. & cert. ef. 3-12-91; FWC 19-1991(Temp), f. & cert. ef. 3-12-91; FWC 14-1992, f. 3-10-92, cert. ef. 3-13-92 (and corrected 3-13-92); FWC 55-1992(Temp), f. 7-22-92, cert. ef. 7-24-92; FWC 36-1993, f. & cert. ef. 6-14-93; FWC 46-1993, f. & cert. ef. 8-4-93; FWC 51-1993, f. & cert. ef. 8-25-93; FWC 6-1994, f. & cert. ef. 1-26-94; FWC 45-1994(Temp), f. & cert. ef. 7-29-94; FWC 94-1994, f. & cert. ef. 12-22-95

Or. Admin. R. 635-060-0009 Successful Applicants

Successful controlled hunt applicants must purchase the controlled hunt tag or permit for the hunt in which they were successful within the following dates:

(1) Spring black bear controlled hunts tag sales begin February 20, each year and end at 11:59 pm, Pacific Time, the day before the season start date for which the tag is valid.

(2) Pronghorn antelope, bighorn sheep, Rocky Mountain goat, deer and elk controlled hunts tag sales will begin no later than June 20, each year and end at 11:59 pm, Pacific Time, the day before the season start date for which the tag is valid.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 34-2020, temporary amend filed 03/26/2020, effective 03/26/2020 through 06/01/2020
DFW 6-2020, amend filed 01/17/2020, effective 01/17/2020
DFW 79-2019, temporary amend filed 06/18/2019, effective 06/18/2019 through 06/30/2019
DFW 21-2019, temporary amend filed 02/19/2019, effective 02/19/2019 through 06/01/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 151-2014, f. & cert. ef. 10-17-14
Reverted to DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09
DFW 60-2009(Temp), f. & cert. ef. 5-28-09 thru 11-16-09
DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 103-2007(Temp), f. & cert. ef. 9-27-07 thru 3-24-08
DFW 70-2007(Temp), f. & cert. ef. 8-13-07 thru 2-9-08
Reverted to DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 107-2004(Temp), f. & cert. ef 10-18-04 thru 11-27-04
DFW 105-2004(Temp), f. & cert. ef. 10-13-04 thru 11-15-04
Reverted to DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 108-2002(Temp), f. & cert. ef. 9-26-02 thru 12-31-02
Reverted to DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 4-2002(Temp), f. & cert. ef. 1-3-02 thru 2-1-02
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
Reverted to DFW 1-1999, f. & cert. ef. 1-14-99
DFW 12-1999(Temp), f. & cert. ef. 2-25-99 thru 6-30-99
Reverted to DFW 1-1999, f. & cert. ef. 1-14-99
DFW 6-1999(Temp), f. & cert. ef. 2-9-99 thru 2-19-99
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 9-1997, f. & cert. ef. 2-27-97
Reverted to FWC 21-1996, f. & cert. ef. 5-1-96
FWC 44-1996(Temp), f. 8-12-96, cert. ef. 8-14-96
FWC 21-1996, f. & cert. ef. 5-1-96
FWC 63-1995, f. & cert. ef. 8-3-95
FWC 94-1994, f. & cert. ef. 12-22-94
FWC 45-1994(Temp),f. & cert. ef. 7-29-94

Or. Admin. R. 635-060-0018 Applicant Disqualification

If an applicant violates any of the following restrictions, their individual application shall be removed from the drawing. If an applicant is a member of a party application and is removed from the drawing, the other party members may remain as a party provided they commit no violation of the following restrictions and apply without error.

(1) An applicant may submit only one application per hunt number series referenced in OAR 635-060-0005(3)(a)-(j).

(2) An application receipt shall not be altered from what was originally issued by the license agent.

(3) An applicant shall not violate the wait period established in OAR 635-060-0022 for bighorn sheep ram or Rocky Mt. goat hunts.

(4) An application shall have correct and complete information.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 160-2022, amend filed 12/29/2022, effective 12/29/2022
DFW 183-2021, amend filed 12/30/2021, effective 12/30/2021
DFW 158-2015, f. & cert. ef. 11-25-15
FWC 48-1989, f. & cert. ef. 7-25-89; FWC 18-1991, f. & cert. ef. 3-12-91; FWC 46-1993, f. & cert. ef. 8-4-93; FWC 6-1994, f. & cert. ef. 1-26-94; FWC 94-1994, f. & cert. ef. 12-22-94, FWC 63-1995, f. & cert. ef. 8-3-95; FWC 71-1997, f. & cert. ef. 12-29-97

Or. Admin. R. 635-060-0022 Wait Period for Successful Bighorn Sheep and Rocky Mountain Goat Applicants

(1) A person successful in obtaining a 500 series ram hunt tag shall never reapply for any 500 series ram hunt tag.

(2) A person successful in obtaining a 900 series Rocky Mountain goat tag shall never reapply for any 900 series hunt tag.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 6-1994, f. & cert. ef. 1-26-94
FWC 46-1993, f. & cert. ef. 8-4-93
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 14-1992, f. 3-10-92, cert. ef. 3-13-92 (and corrected 3-13-92)
FWC 18-1991, f. & cert. ef. 3-12-91
FWC 23-1990, f. & cert. ef. 3-21-90
FWC 48-1989, f. & cert. ef. 7-25-89
FWC 14-1989, f. & cert. ef. 3-28-89
FWC 37-1988, f. & cert. ef. 6-13-88
FWC 12-1988, f. & cert. ef. 3-10-88
FWC 40-1987, f. & ef. 7-6-87
FWC 11-1987, f. & ef. 3-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28-1983, f. & ef. 7-8-83
FWC 38-1982, f. & ef. 6-25-82
FWC 21-1982, f. & ef. 3-31-82
FWC 22-1981, f. & ef. 6-29-81
FWC 10-1981, f. & ef. 3-31-81
FWC 7-1981, f. 2-18-81, ef. 6-1-81
FWC 33-1980, f. & ef. 6-30-80
FWC 14-1980, f. & ef. 4-8-80
FWC 29-1979, f. & ef. 8-2-79
FWC 12-1979, f. & ef. 3-28-79
FWC 32-1978, f. & ef. 6-30-78

Or. Admin. R. 635-060-0023 Modified Preference Point System

(1) The Modified Preference Point System separates the tags for each controlled game mammal hunt into two groups:

(a) Seventy-five percent of the tags will be issued through the preference point system;

(b) The remaining 25 percent of the tags will be issued by the equal-probability computer drawing.

(2) Applicants shall accrue no more than one preference point per hunt number series per year. Valid applicants who did not receive controlled hunt tags for their first choice hunt number in the 100, 200, 400, 600, or 700 series hunts during the controlled hunt drawing shall receive one preference point applicable to subsequent controlled hunt drawings for the respective hunt number series, except as excluded in OAR 635-060-0008(4).

(3) A preference point will automatically accrue within each controlled hunt series when an applicant’s first choice is selecting the preference point saver option.

(4) Youth nine years of age or older are eligible to apply for automatic Preference Points as described in (3) provided they have a social security number, an ODFW ID number issued by the Department, and purchase the appropriate (resident or nonresident) juvenile or adult hunting license.

(5) The Modified Preference Point System will group controlled hunt applicants by the number of preference points they have accrued for each hunt number series. Applicants with the highest number of preference points for each hunt number will be drawn first. Applicants having the next highest number of preference points per hunt number will be drawn next. This tag issuance process will continue through descending numbers of preference points until 75 percent of the tags authorized for the hunt have been issued, unless all qualified applicants with preference points have been issued tags prior to that point. Any tags remaining following the issuance of preference point tags will be issued through the equal-probability computer drawing. Applicants unsuccessful in the preference point tag issuance procedure and those applicants without preference points will be placed in the equal-probability computer drawing for the remaining tags.

(6) Applicants, except for those with a Pioneer Combination License or a Resident Disabled Veterans Combination License holder who are 65-years of age or older, successful in drawing their first choice hunt except selecting the preference point saver option within a hunt number series shall have zero preference points when they next apply for a tag in that hunt number series. Successful Applicants with a Pioneer Combination License or Resident Disabled Veterans Combination License holders who are 65-years of age or older, shall have one preference point when they next apply for a tag in that hunt number series. Qualifying for both licenses will result in only one-preference point when reset.

(7) Beginning in 2008 applicants will not forfeit preference points accumulated for a hunt number series when they do not apply for that hunt number series for two consecutive years.

(8) Applicants who have their hunting license suspended or revoked by legal action will forfeit all preference points.

(9) Party applicant preference points shall be determined by totaling the preference points of all party members and then calculating the average of this total. Party preference points will be rounded up from x.51 (e.g. 3.51 to 4, 3.50 to 3) to the next whole number.

(10) Department records are final to determine accrued preference points for controlled hunt applicants.

(11) Each applicant’s preference point accrual record will be linked to their permanent identification number. Preference point applicants shall use the permanent identification number each time they apply for a controlled hunt tag. Failure to do so shall place the applicant in the equal-probability drawing for their hunt number series and preference points will not be accrued together.

(12) Applicants will receive no preference points when:

(a) Their application is not received by the appropriate application date; however, a hunter may purchase one preference point for the current year, for each series (100, 200, 400, 600, and 700) from July 1 through November 30 if they did not apply during the controlled hunt drawing for that series.

(b) They request their controlled hunt application be withdrawn prior to the controlled hunt drawing;

(13) The Modified Preference Point System shall apply to 100, 200, 400, 600, and 700 series hunts.

(14) In 2005, 800 series points were converted into 600 series points.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, SB 593 (2019), 408.225 & 497.102
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, SB 593 (2019), 408.225 & 497.102
DFW 183-2021, amend filed 12/30/2021, effective 12/30/2021
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 179-2019, amend filed 12/19/2019, effective 12/31/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 81-2018, temporary amend filed 06/28/2018, effective 06/28/2018 through 11/30/2018
DFW 151-2014, f. & cert. ef. 10-17-14
DFW 22-2012, f. 3-14-12, cert. ef. 4-1-12
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 124-2007, f. 11-28-07, cert. ef. 12-1-07
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
Reverted to DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 107-2004(Temp), f. & cert. ef 10-18-04 thru 11-27-04
DFW 105-2004(Temp), f. & cert. ef. 10-13-04 thru 11-15-04
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 38-1997, f. & cert. ef. 6-17-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 21-1996, f. & cert. ef. 5-1-96
FWC 63-1995, f. & cert. ef. 8-3-95
FWC 94-1994, f. & cert. ef. 12-22-94
FWC 45-1994(Temp), f. & cert. ef. 7-29-94
FWC 13-1994(Temp), f. & cert. ef. 3-1-94
FWC 6-1994, f. & cert. ef. 1-26-94

Or. Admin. R. 635-060-0030 Issuing Tags

(1) The Department may, except for bighorn sheep and Rocky Mountain goat, issue tags or permits in excess of the quantity authorized by the commission to resolve documented errors made by the Department. The quantity shall not exceed an amount consistent with the management goals of the hunt.

(2) The number of controlled deer, controlled elk, and controlled spring bear tags issued to nonresident applicants shall not exceed five percent of the tags authorized for each hunt. The number of controlled pronghorn antelope tags issued to nonresident applicants shall not exceed three percent of the tags authorized for each hunt. Exception: one nonresident tag may be issued for each hunt when the number of authorized tags is fewer than 35. This number does not affect the tags issued under the Landowner Preference Program (OAR chapter 635, division 075).

(3) Tags will not be issued to a party (residents or nonresidents) when, during the drawing process, the party size exceeds the number of remaining tags.

(4) Youths age 12-17 who are unsuccessful in the first controlled hunt drawing for 100, 200, or 600 series hunts may apply for one guaranteed "first time" tag per series, provided that:

(a) Youths are limited to only one "first time" tag per series in a lifetime.

(b) Within the 200 series, only hunts with antlerless only bag limits are available as "first time" tags.

(c) Hunts are only available as "first time" opportunities as follows: 100 series hunts must have had more than 200 tags available in the first drawing; 200 and 600 series hunts must have had more than 50 tags available in the first drawing.

(d) Applicants shall use forms available online or through the Department or its agents beginning July 1 of each year.

(e) Persons who were successful in any controlled hunt drawing for 100, 200, or 600 series hunts are never again eligible for "first time" tags in the respective hunt series.

(f) Successful "first time" applicants shall purchase tags at POS vendors by the day before the assigned season begins.

(g) Youths may not receive a "First Time" youth hunt tag in a hunt series if they applied for a point saver option in the primary big game drawing.

(5) Incentive tags for compliance with Mandatory Harvest Reporting requirements. The Fish and Wildlife Commission authorizes the Department to issue up to three hunting tags each year as incentives to encourage hunters to comply with requirements for harvest reporting. Any hunter who complies with harvest reporting requirements by the specified deadline will be automatically entered in a controlled hunt draw for one Mandatory Hunter Reporting Incentive Tag valid for the upcoming hunting season. Obtaining and using such tags is governed by OAR 635-065-0015(6).

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 107-2025, amend filed 11/25/2025, effective 12/01/2025
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 117-2013, f. & cert. ef. 10-10-13
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
Reverted to DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 58-2010(Temp), f. & cert. ef. 5-12-10 thru 11-8-10
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
Reverted to DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 86-2003(Temp), f. & cert. ef. 8-29-03 thru 9-4-03
Reverted to DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 108-2002(Temp), f. & cert. ef. 9-26-02 thru 12-31-02
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 63-1995, f. & cert. ef. 8-3-95
FWC 6-1994, f. & cert. ef. 1-26-94
FWC 18-1991, f. & cert. ef. 3-12-91

Or. Admin. R. 635-060-0040 Active Member of the Uniformed Services Controlled Hunt Tags

(1) Each Oregon Department of Fish and Wildlife (Department) Wildlife District office is authorized to issue, for hunts at least partially within their Wildlife District, up to 20 controlled hunt tags for deer, 20 controlled hunt tags for elk, and 20 controlled hunt tags for spring bear to Oregon residents who are active members of the Armed Forces currently stationed outside of Oregon, but in Oregon on Temporary Leave.

(2) Active members of the uniformed services Controlled Hunt Tags or Limited Tags will be issued first come first served beginning July 1 until the authorized number has been issued.

(3) To purchase the tag the active members of the uniformed services must provide the following information to the Department District office responsible for issuing the tag:

(a) A copy of an active duty military ID.

(b) A copy of current leave papers to document they are currently stationed outside of Oregon.

(4) Controlled or limited hunts for which active members of the uniformed services controlled hunt tags can be issued include:

(a) Controlled spring bear hunts, controlled deer or elk hunts with a bag limit of “antlerless”, or “spike only”, that have a minimum of 20 tags authorized by the Commission.

(b) Controlled deer or elk hunts with a bag limit that allows buck deer or bull elk with two or more points on one antler, not counting the brow tine, to be harvested, that have a minimum of 100 tags authorized by the Commission.

(c) Additional tags for active members of the uniformed services for each controlled hunt will not exceed 10% of the tag number authorized by the Commission.

(5) Active members of the uniformed services Controlled Hunt Tags cannot be authorized for controlled hunts occurring on the Starkey Experimental Forest, Hart Mountain NAR, or Umatilla NWR.

(6) All hunt specific regulations adopted by the Commission for hunts where tags are issued (dates, bag limits, boundaries, etc.) will apply.

(7) Tag recipients must pay the standard resident price for the tag. Any additional fee for purchasing a tag after the tag sale deadline will be waived.

(8) The hunter must provide harvest and effort information to the issuing office within five business days after the closing date of the hunt printed on the tag.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 160-2022, amend filed 12/29/2022, effective 12/29/2022
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 117-2013, f. & cert. ef. 10-10-13
DFW 125-2012, f. & cert. ef. 9-26-12 thru 3-15-13; DFW 132-2012, f. & cert. ef. 10-11-12; DFW 20-2013(Temp), f. & cert. ef. 3-11-13 thru 9-6-13

Or. Admin. R. 635-060-0046 Preference Point Reinstatement

(1) The Commission shall accommodate Oregon residents who have lost preference points because of being called to active military service after June 1, 2002.

(a) The Commission shall accommodate the following individuals called to service at any location: Oregon National Guard.

(b) The Commission shall accommodate the following Oregon residents with military operational commitments: regular members of the United States Armed Forces (Army, Navy, Air Force, Marines, and Coast Guard), members of the United States military reserves, and members of the National Guard.

(c) The Commission authorizes the Director to make such accommodations by reinstating preference points existing for a series, plus an additional point for participating in the draw.

(d) Individuals seeking accommodation pursuant to this rule (or immediate family members acting on their behalf) must make a request in writing or in person to the Salem headquarters office. Each request must include a letter from a supervising officer on official unit letterhead verifying operational commitments.

(2) (a) The Director may reinstate the preference points of a person who the Director determines did not or will not participate in a controlled hunt because of circumstances beyond the person’s control or tragic personal circumstances. For the purposes of this rule:

(A) “Circumstances beyond the person’s control” means any unforeseen circumstance that directly and reasonably results in a person’s inability to participate in the hunt. This could include, but is not limited to, administrative or emergency closures of hunting units, extreme events, and other accidents or incidents. Circumstances beyond a person’s control do not include complaints about the quality of the hunt including, but not limited to road closures, inclement weather, and work being conducted in the hunt area.

(B) “Tragic personal circumstances” means:

(i) Death or life-threatening injury or illness in the person’s immediate family; or

(ii) The person’s own serious injury or illness, which results in the person’s hospitalization or inability to participate in the hunt due to a physician’s orders or recommendation. The person need not be hospitalized during the hunt; this rule also applies if preparation for surgery or recovery after hospitalization renders the person incapable of participating in the hunt.

(b) A person is not eligible for preference point reinstatement if the person has received a preference point reinstatement under this rule for the same hunt series within 10 years of their request for point reinstatement unless the reinstatement was due to the Department’s administrative or emergency closure(s) of hunting seasons.

(c) To apply for reinstatement, the person must request in writing to the Department, reinstatement of their preference points within 2 years of the last day of the season for the tag/series the person is requesting reinstatement for. The written request must include a sworn affidavit providing adequate details to support the request. The person must return the unused tag if it was purchased or a signed affidavit stating the tag was not used. When relying upon tragic personal circumstances, the person must also provide a sworn affidavit by a physician. When relying upon circumstances beyond the person’s control, the person must also provide documentation of the circumstances (such as an accident report or affidavit from an employer).

(d) If the Director decides that the person does not qualify for reinstatement, the person may appeal that decision to the Oregon Fish and Wildlife Commission (Commission). All appeals to the Commission must be made in writing within 30 days of the Director’s decision not to reinstate preference points. The Commission must review the Director’s decision within 90 days after receipt of appeal, which may be scheduled as an agenda item or take place during “other Commission Business” at a Commission meeting. The Commission will not take verbal testimony from the person, and the Commission’s decision is final.

(e) If the Director or Commission reinstates a person’s preference point under this subsection, the person will be awarded a new point as when classified as “unsuccessful” in the draw and is not entitled to a refund of license or tag fees.

History

Statutory/Other Authority: SB 247 (2015), ORS 496.138, ORS 496.146 & ORS 496.162
Statutes/Other Implemented: ORS 496.012, ORS 496.138, ORS 496.146 & ORS 496.162
DFW 78-2024, amend filed 09/16/2024, effective 09/16/2024
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 47-2017, f. & cert. ef. 4-24-17
Reverted to DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 139-2016(Temp), f. & cert. ef. 10-26-16 thru 3-31-17
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 117-2013, f. & cert. ef. 10-10-13
DFW 58-2012, f. & cert. ef. 6-11-12
DFW 14-2012(Temp), f. & cert. ef. 2-10-12 thru 8-7-12
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 66-2009, f. & cert. ef. 6-10-09
Reverted to DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07
DFW 126-2008(Temp), f. & cert. ef. 10-6-08 thru 4-4-09
Reverted to DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07
DFW 93-2007(Temp), f. & cert. ef. 9-26-07 thru 3-23-08
DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07
DFW 26-2005, f. & cert. ef. 4-20-05
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
Reverted to DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 107-2004(Temp), f. & cert. ef 10-18-04 thru 11-27-04
DFW 105-2004(Temp), f. & cert. ef. 10-13-04 thru 11-15-04
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
Reverted to DFW 34-2002, f. & cert. ef. 4-18-02
DFW 29-2003(Temp), f. & cert. ef. 4-9-03 thru 10-1-03
Reverted to DFW 34-2002, f. & cert. ef. 4-18-02
DFW 50-2002(Temp), f. & cert. ef. 5-16-02 thru 11-12-02
DFW 36-2002(Temp), f. & cert. ef. 4-22-02 thru 10-19-02
DFW 34-2002, f. & cert. ef. 4-18-02
DFW 13-2002, f. & cert. ef. 2-12-02
Reverted to DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 52-2001(Temp), f. & cert. ef. 6-27-01 thru 12-24-01
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 47-1999, f. & cert. ef. 6-16-99
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 63-1995, f. & cert. ef. 8-3-95
FWC 94-1994, f. & cert. ef. 12-22-94
FWC 6-1994, f. & cert. ef. 1-26-94
FWC 46-1993, f. & cert. ef. 8-4-93
FWC 36-1993, f. & cert. ef. 6-14-93
Reverted to FWC 18-1991, f. & cert. ef. 3-12-91
FWC 55-1992(Temp), f. 7-22-92, cert. ef. 7-24-92
FWC 18-1991, f. & cert. ef. 3-12-91
FWC 48-1989, f. & cert. ef. 7-25-89
FWC 37-1988, f. & cert. ef. 6-13-88
FWC 12-1988, f. & cert. ef. 3-10-88
FWC 40-1987, f. & ef. 7-6-87
FWC 11-1987, f. & ef. 3-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 38-1982, f. & ef. 6-25-82
FWC 21-1982, f. & ef. 3-31-82
FWC 22-1981, f. & ef. 6-29-81
FWC 7-1981, f. 2-18-81, ef. 6-1-81
FWC 10-1981, f. & ef. 3-31-81
FWC 33-1980, f. & ef. 6-30-80
FWC 29-1979, f. & ef. 8-2-79
FWC 32-1978, f. & ef. 6-30-78
FWC 118, f. & ef. 6-3-77

Or. Admin. R. 635-060-0055 Documents Required in Field

A person hunting in any controlled game mammal hunt shall have on their person a hunting license valid for the calendar year in which the person is hunting, Hunter Education Certificate or a Department document which includes their Hunter Education Certificate Number (for persons less than 18 years old), and a controlled hunt tag (if applicable) for the area and season being hunted.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 183-2021, amend filed 12/30/2021, effective 12/30/2021
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 151-2014, f. & cert. ef. 10-17-14
FWC 32-1978, f. & ef. 6-30-78; FWC 29-1979, f. & ef. 8-2-79; FWC 33-1980, f. & ef. 6-30-80; FWC 7-1981, f. 2-18-81, ef. 6-1-81; FWC 10-1981, f. & ef. 3-31-81; FWC 22-1981, f. & ef. 6-29-81; FWC 38-1982, f. & ef. 6-25-82; FWC 34-1984, f. & ef. 7-24-84; FWC 43-1985, f. & ef. 8-22-85; FWC 35-1986, f. & ef. 8-7-86; FWC 11-1987, f. & ef. 3-6-87; FWC 12-1988, f. & cert. ef. 3-10-88; FWC 37-1988, f. & cert. ef. 6-13-88; FWC 14-1989, f. & cert. ef. 3-28-89; FWC 48-1989, f. & cert. ef. 7-25-89; FWC 23-1990, f. & cert. ef. 3-21-90; FWC 18-1991, f. & cert. ef. 3-12-91; FWC 14-1992, f. 3-10-92, cert. ef. 3-13-92 (and corrected 3-13-92); FWC 36-1993, f. & cert. ef. 6-14-93; FWC 51-1993, f. & cert. ef. 8-25-93; FWC 6-1994, f. & cert. ef. 1-26-94; FWC 45-1994(Temp), f. & cert. ef. 7-29-94; FWC 94-1994, f. & cert. ef. 12-22-94, FWC 63-1995, f. & cert. ef. 8-3-95; FWC 21-1996, f. & cert. ef. 5-1-96; FWC 9-1997, f. & cert. ef. 2-27-97; FWC 71-1997, f. & cert. ef. 12-29-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 4-2003, f. 1-17-03, cert. ef. 4-1-03; DFW 119-2003, f. 12-4-03, cert. ef. 4-1-04; DFW 131-2004, f. 12-21-04, cert. ef. 4-1-05; DFW 132-2005, f. 12-1-05, cert. ef. 4-1-06; DFW 126-2006, f. 12-7-06, cert. ef. 4-1-07; DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08; DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09; DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10; DFW 117 2010, f. & cert. ef. 8-13-10; DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11; DFW 117-2013, f. & cert. ef. 10-10-13

Division 62 WILDLIFE REHABILITATION

Or. Admin. R. 635-062-0000 Purpose of the Wildlife Rehabilitation Permit

Any person desiring to hold any bird, mammal, amphibian or reptile for the purpose of wildlife rehabilitation shall first obtain a Wildlife Rehabilitation Permit from the Oregon Department of Fish and Wildlife. The permittee may capture, transport, temporarily possess, rehabilitate, and (with permission from the local Department district wildlife biologist) release such wildlife. The permittee may euthanize wildlife that are injured, ill, orphaned, restricted or not authorized for holding or release, as specified within the conditions of their permit and these rules.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 163-2015, f. & cert. ef. 12-9-15

Or. Admin. R. 635-062-0005 Definition of Terms

(1) “Assistant” means someone who conducts wildlife rehabilitation activities in a wildlife rehabilitation facility under the direct supervision of the permittee.

(2) "AZA" means the Association of Zoos and Aquariums.

(3) "Candidate" means an animal species for which the USFWS has sufficient information on biological vulnerability and threats to support a proposal to list as endangered or threatened.

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

(5) “Direct Supervision” means the oversight and management of the activities of an employee, assistant or volunteer by the permittee occurring primarily onsite and at the facility, but may include periods of indirect oversight of activities conducted independently by the employee or volunteer.

(6) "DVM" means Oregon licensed Doctor of Veterinary Medicine.

(7) "Endangered species" means those species defined in ORS 496.004(6).

(8) "Euthanasia" means to humanely kill an animal as per the American Veterinary Medical Association Guidelines for the Euthanasia of animals: 2013 Edition or 2006 American Association of Zoo Veterinarians - Guidelines for the Euthanasia of Nondomestic Animals.

(9) “Home Care” means the facility used by the subpermittee for the care and feeding of neonate avian species (or other wildlife species as approved in writing by the Department district wildlife biologist) under the guidance and at the request of the permittee.

(10) "Marine mammals" means seals, sea lions, sea otters, and cetaceans (e.g., whales and porpoises).

(11) "Migratory bird" means any bird, whatever its origin and whether or not raised in captivity, which belongs to a species listed in U.S. 50CFR§10.13, including any part, nest, or egg of any such bird. Birds listed under OAR 635-057-0000 are not included.

(12) "NMFS" means National Marine Fisheries Service.

(13) "Non-releasable" means:

(a) Individual wildlife that cannot be rehabilitated and returned to the wild with a reasonable potential for survival;

(b) Those species classified as prohibited by OAR 635 Division 056; or

(c) Those species classified as controlled by OAR 635 Division 56 under rules that do not allow release into the wild (OAR 635-056-0070).

(14) “Permittee” means the person who holds a valid Oregon Wildlife Rehabilitation Permit issued by the Department.

(15) "Public display" means to place or locate wildlife so that it may be viewed or accessed directly by the public.

(16) "Rehabilitation" means the attempted or successful restoration of an injured, sick or immature bird, mammal, amphibian or reptile to a condition whereby it can be returned to the wild.

(17) "Sensitive species" means those wildlife species, subspecies, or populations that are facing one or more threats to their populations, habitat quantity or habitat quality or that are subject to a decline in number of sufficient magnitude such that they may become eligible for listing on the state Threatened and Endangered Species List.

(18) "Subpermittee" means person(s) listed on a wildlife rehabilitation permit as authorized to perform wildlife rehabilitation activities under the supervision (direct or indirect) of a permittee. Subpermittees may include, but are not limited to, veterinarians, falconers, or others assisting the permittee with the rehabilitation of wildlife specifically allowed on the permit.

(19) "Threatened species" means those species defined in ORS 496.004(15).

(20) "USFWS" means U.S. Fish and Wildlife Service.

(21) For the purpose of these rules, "wildlife" means wild mammals and wild birds, as defined by OAR 635-057-0000, amphibians, reptiles and fish.

(22) "Wildlife rehabilitation facility" means the primary location where an Oregon licensed wildlife rehabilitator (permittee) conducts rehabilitation.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
DFW 163-2015, f. & cert. ef. 12-9-15

Or. Admin. R. 635-062-0010 Wildlife Rehabilitation Permit Requirements and Conditions

(1) A Wildlife Rehabilitation Permit may only be issued to a person who:

(a) Resides in Oregon or is a non-resident wildlife rehabilitator whose rehabilitation activities occur in Oregon or whose facility (or facilities) exist within the state;

(b) Is at least 18 years of age when taking the Oregon Wildlife Rehabilitation examination;

(d) Possesses a letter from an Oregon licensed DVM agreeing to act as a medical supervisor and consultant to the permittee if the permittee is not an Oregon licensed DVM;

(e) Passes the Oregon wildlife rehabilitation examination administered by the Department with a score of 80 percent or higher on the general section of the test and each relevant section of interest. Any applicant who fails to pass the Oregon Wildlife Rehabilitation examination may retake the examination no earlier than 14 days from the date of prior attempt;

(f) Is approved by the local Department district wildlife biologist or other Department representative as meeting a need for rehabilitation services in the area;

(g) Has not been convicted of, or admitted to, a violation of a wildlife law (under the Interstate Wildlife Violators Compact), or administrative rule, or permit issued under the Oregon wildlife laws within the previous five years; and

(h) Provides a suitable rehabilitation facility, or plan for such facility, approved by the local Department district wildlife biologist or other Department representative as meeting all requirements of these rules; and

(i) (Upon permit renewal) documents compliance with the Department’s Rehabilitation Continuing Education Standards. Permittees must complete and provide documentation of 12 hours of Department approved continuing education every 2 years.

(2) Subpermittees may perform wildlife rehabilitation activities under the supervision (direct or indirect) of a permittee only if:

(a) The permittee inspects the facilities of the subpermittee prior to the subpermittee receiving wildlife;

(b) The permittee provides the subpermittee written instruction concerning caging, food and feeding protocols, veterinary- directed treatment and any other assistance the permittee deems necessary for the care of wildlife in the subpermittee’s possession. The permittee must provide information concerning such assistance to the Department district wildlife biologist upon request;

(c) The subpermittee follows the written protocol, described in paragraph 2(b), provided by the permittee and, if necessary, approved by the Department district wildlife biologist;

(d) The subpermittee is approved by the Department district wildlife biologist before receiving wildlife. The name, physical address, and current phone number of the subpermittee must be provided to the Department. Any changes in subpermittee contact information must be provided to the Department with the permittee’s semi-annual Wildlife Rehabilitation Report (635-062-0305 (2));

(e) All wildlife is admitted through the permittee’s licensed facility, the subpermittee may not accept wildlife from any other source;

(f) The permittee is directly responsible for the rehabilitation activities of the subpermittee working under their permit;

(g) The subpermittee resides and conducts wildlife rehabilitation activities within Oregon; and

(h) The subpermittee does not perform wildlife rehabilitation activities at their Home Care facility except for the care and feeding of neonate avian species unless the permittee has prior written approval to hold other wildlife species at the Home Care facility from the local Department district wildlife biologist.

(3) Licensed Oregon veterinarians administering immediate medical care for injured wildlife are not required to have a Wildlife Rehabilitation Permit or submit a semi-annual report. Veterinarians that provide care or hold wildlife longer than 48-hours must be listed as a subpermittee or are required to pass the Oregon Wildlife Rehabilitation examination and possess a Wildlife Rehabilitation Permit. The local Department district wildlife biologist may, by written authorization, allow a non-permittee veterinarian to hold animals longer than 48 hours due to extenuating medical circumstances.

(4) The Department may deny issuance of a Wildlife Rehabilitation Permit, disapprove subpermittee(s) and impose permit conditions or restrictions (e.g., number of species, types of species, subpermittees, etc.) if the applicant or subpermittee is convicted of, or admits to, a violation of wildlife law (under the Interstate Wildlife Violators Compact), or administrative rule, or an order or permit issued under the Oregon wildlife laws within the previous five years.

(5) At least one member of a wildlife rehabilitation facility’s staff must possess a Wildlife Rehabilitation Permit and that person must provide direct on-site supervision to non-permitted staff and volunteers.

(6) Wildlife Rehabilitation Permits are issued free of charge and expire no more than two years from date of issue.

(7) A Wildlife Rehabilitation Permit does not exempt the permittee from complying with other state, federal, county, and city laws and regulations.

(8) A Wildlife Rehabilitation Permit does not authorize the practice of veterinary medicine or the treatment of domestic animals.

(9) Permits must be carried on the person or displayed in a public area in the facility while performing wildlife rehabilitation activities.

(10) The Department is not liable for any injuries or infections to the public or permittee, subpermittee, or volunteers, or damage caused by wildlife held, captured, or transported as authorized by and due to activities or actions associated with a Wildlife Rehabilitation Permit.

(11) The Oregon Wildlife Rehabilitation Permit does not allow the possession of wildlife for direct access or display to the public except during release events or as approved in writing by the Department. Indirect electronic viewing of wildlife patients by the public is permissible. Images of wildlife patients may be used for monitoring, advertising, brochures, websites, presentations or trainings. Non-releasable wildlife held for educational purposes may be publically displayed within the conditions of the permittee’s federal permit or letter of authorization to hold non-releasable wildlife.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 163-2015, f. & cert. ef. 12-9-15

Or. Admin. R. 635-062-0015 Federal Rehabilitation Permit

In addition to an Oregon Wildlife Rehabilitation Permit issued by the Department, and prior to receiving and holding federally protected species, a permittee must obtain a federal permit for species protected by federal law and provide a current and valid copy of the federal permit to the Department with each renewal application.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: 496
DFW 163-2015, f. & cert. ef. 12-9-15

Or. Admin. R. 635-062-0020 Restricted Species

The following categories of wildlife may not be rehabilitated and released under these rules:

(1) Nonnative wildlife classified as prohibited or noncontrolled per the wildlife integrity rules (OAR 635-056-0050 & 0060) or classified as controlled and specifically not allowed to be released in the wild (OAR 635-056-0070) shall not be rehabilitated or released into the wild. If these species are received by a permittee, the permittee must humanely euthanize the nonnative wildlife within 24 hours of receiving the animal. Nonnative wildlife listed as game animals in OAR 635 Division 045 are not affected by these rules.

(2) Imported native wildlife except migratory birds as defined in 635-062-0035 (2).

(3) Marine mammals

(a) Unless specifically authorized by the Department and NMFS, marine mammals shall not be rehabilitated;

(b) Section 109(h)(1) of the Marine Mammal Protection Act authorizes Federal, State, or local government officials or employees or designees, including members of the Oregon Marine Mammal Stranding Network, to humanely euthanize marine mammals in severe distress.

(4) Coyote (Canis latrans). Permittees must notify the local Department district wildlife biologist within 24 hours of receiving a coyote into their facility. Coyotes may be housed for up to 48 hours while the Department locates and places the animal in a pre-approved facility or other disposition as determined by the Department.

(5) Cougar (Felis concolor). Wildlife rehabilitators must notify the local Department district wildlife biologist immediately upon receipt of a cougar into their facility.

(a) Cougar kittens confirmed to be orphaned by the Department will not be rehabilitated for release to the wild due to public safety concerns.

(b) All cougars will be immediately transferred to Department veterinary staff at the ODFW Wildlife Health Lab for health and behavior evaluations and placement in a Department-approved Association of Zoos and Aquarium (AZA) accredited facility or other disposition as determined by Department staff.

(c) Non-AZA accredited zoos available for holding cougar kittens be approved by the Department veterinarian or division administrator prior to placement.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: 496
DFW 163-2015, f. & cert. ef. 12-9-15

Or. Admin. R. 635-062-0025 Restricted Species with Conditions

The following native wildlife require Department notification upon receipt by a permittee. Placement, care conditions, and final disposition will be determined by the Department.

(1) Healthy young-of-the-year animals that are not known to be orphaned should not be captured or removed from the wild.

(a) Young-of-the-year wildlife with unknown orphaned status includes those with no accompanying adult nearby and animals collected when the maternal animal is not observed as deceased.

(b) All young-of-the-year animals of unknown or questionable orphaned status and taken from the wild should be immediately returned to the place where they were collected if not held longer than 48 hours.

(c) Permittees should contact their district biologist for situations involving extenuating circumstances including animals that cannot be returned to the nest or collection site.

(2) Black bear (Ursus americanus). Permittees must notify the local Department district wildlife biologist immediately upon receipt of a black bear into their facility.

(a) All black bear will be immediately transferred to Department veterinary staff at the ODFW Wildlife Health Lab for health and behavior evaluations and placement in a Department-approved Association of Zoos and Aquarium (AZA) accredited facility, approved-black bear cub rehabilitation facility, or other disposition as determined by the Department.

(b) Non-AZA accredited zoos available for holding black bear cubs will be approved by the Department veterinarian or division administrator and must meet minimum caging specifications and standards for design and construction (Exhibit 1 Caging and Enclosure Standards for the Rehabilitation of Black Bears and Ungulates) and specific requirements for animal handling and monitoring, and animal care prior to placement.

(c) Orphaned black bear cubs meeting conditions as candidates for rehabilitation will only be rehabilitated in Department pre-approved facilities designed for orphaned wild black bear cub rehabilitation that meet all Department specifications for caging standards (Exhibit 1 Caging and Enclosure Standards for the Rehabilitation of Black Bears and Ungulates) including specific requirements for animal handling and monitoring, and animal care.

(d) Oregon wildlife rehabilitation facilities desiring to rehabilitate black bear cubs require prior Department approval and must meet all minimum caging specifications and standards (Exhibit 1 Caging and Enclosure Standards for the Rehabilitation of Black Bears and Ungulates) including specific requirements for animal handling and monitoring, and animal care prior to placement.

(3) Deer (Odocoileus hemionus and 0. virginianus), elk (Cervus elaphus), pronghorn antelope (Antilocapra americana), bighorn sheep (Ovis canadensis), mountain goat (Oreamnos americanus) or moose (Alces alces) may be rehabilitated under the following conditions:

(a) Orphaned deer, elk, pronghorn antelope, bighorn sheep, mountain goat, or moose received by a wildlife rehabilitator and born during the year received may be held and rehabilitated from birth through September 30 of the year received. Orphaned animals must be released to the wild prior to September 30 of the year received to the area of initial collection or an appropriate location determined by the District biologist. Extenuating circumstances for holding orphaned ungulates beyond September 30 requires written approval by the local Department district wildlife biologist.

(b) Injured or diseased deer, elk, pronghorn antelope, bighorn sheep, mountain goat, or moose received after September 30 of their birth year must be humanely euthanized unless otherwise authorized in writing by the Department district wildlife biologist.

(c) Orphaned deer, elk, pronghorn antelope, bighorn sheep, mountain goats, or moose will only be rehabilitated in Department pre-approved facilities designed for orphaned wild ungulate rehabilitation that meet all Department specifications in Exhibit 1 Caging and Enclosure Standards for the Rehabilitation of Black Bears and Ungulates including pen standards for design and construction, animal handling and monitoring, and animal care.

(d) All wildlife rehabilitators must notify the local Department district wildlife biologist within 24 hours of receiving any orphaned deer, elk, pronghorn antelope, bighorn sheep, mountain goats, or moose. Unless held in a Department approved facility, orphaned deer, elk, pronghorn antelope, bighorn sheep, mountain goats, or moose may be held for up to 48 hours while the Department locates and places the animal in a pre-approved facility or other disposition as directed by the Department.

(4) Raccoons (Procyon lotor). Permittees must be pre-approved by the Department to rehabilitate raccoons with the following conditions:

(a) Raccoons must be released back to the original location of capture or humanely euthanized, unless otherwise authorized in writing by the local Department district wildlife biologist.

(b) Raccoons will only be rehabilitated in Department pre-approved facilities designed for orphaned raccoon kit rehabilitation including requirements for animal handling and monitoring, and animal care.

(c) The maximum number of raccoons held by any single facility will be determined by the Department and listed on the permit.

(d) Raccoons from multiple locations must be held separately by their respective collection site and identified appropriately to facilitate the return of animals to their site of origin; exceptions require prior written approval by the local Department district wildlife biologist.

(5) Wolves (Canis lupus). Wildlife rehabilitators must notify the local Department district wildlife biologist immediately upon receiving a wolf into their facility.

(a) Wolf pups may be housed for up to 48 hours while the Department locates and places the animal in a pre-approved facility or other disposition as directed or determined by Department staff.

(6) Bobcat (Lynx rufus) and Lynx (Lynx canadensis). Wildlife rehabilitators must notify the local Department district wildlife biologist immediately upon receiving a bobcat or lynx into their facility.

(a) Bobcat or Lynx kittens may be housed for up to 48 hours while the Department locates and places the animal in a pre-approved facility or other disposition as directed or determined by Department staff.

(7) Other wild native mammals including Fox (Urocyon cinereoargenteus, Vulpes microtis, Vulpes vulpes), Ringtail (Bassariscus astutus), American Marten (Martes americana), Fisher (Martes pennant), Wolverine (Gulo gulo), River Otter (Lutra canadensis) and all bats (order Chiroptera). Wildlife rehabilitators must notify the local Department district wildlife biologist within 24 hours of receiving these species into their facility.

(a) The wild native mammals listed in this sub-section, 635-062-0025 (7), may be housed for up to 48 hours while the Department locates and places the animal in a pre-approved facility or other disposition as directed or determined by Department staff.

[ED. NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 163-2015, f. & cert. ef. 12-9-15

Or. Admin. R. 635-062-0030 Department Notification

(1) State and Federal Endangered, Threatened, Candidate or Sensitive species:

(a) The holder of a Wildlife Rehabilitation Permit (permittee) must notify the local Department district wildlife biologist within 24 hours of receiving a state or federally listed endangered, threatened, candidate or sensitive species;

(b) The permittee must notify the local Department district wildlife biologist within 24 hours of the death of any state or federally Endangered, Threatened, Candidate or Sensitive species in the permittee’s custody or as soon as the permittee determines that an individual animal of an Endangered, Threatened, Candidate or Sensitive species is not fit to be released into the wild;

(c) A permittee may (at the permittee’s discretion) euthanize a state-listed Endangered, Threatened, Candidate or Sensitive species if the permittee determines that the individual is not fit to be released into the wild, but must then report the euthanasia to a local Department district wildlife biologist within 24 hours or the animal may be placed in an AZA-accredited facility, educational organization or institution with Department approval and letter of authorization as per 635-044-0255(4). Federally-listed threatened or endangered species and bald or golden eagles require USFWS approval prior to euthanasia unless USFWS personnel are not available and humane considerations warrant prompt euthanasia.

(2) Wildlife Crimes. A permittee must notify the Oregon State Police immediately of any wildlife admitted with gunshot wounds or other injuries of a suspicious or criminal nature.

(3) Diseased Wildlife. A permittee must notify the Department veterinarian within 24 hours of receiving any wildlife with clinical signs for known or suspected poisoning or infectious disease. Clinical signs involving poisoning or infectious disease may include, but are not limited to, incoordination, ataxia, depression, regurgitation, vomiting, or diarrhea.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 163-2015, f. & cert. ef. 12-9-15

Or. Admin. R. 635-062-0035 Wildlife Importation for Rehabilitation Purposes

(1) To prevent the importation of sub-clinical stages of infectious disease carried by these taxa of wildlife and the importation of non-native invasive species, no person may transport any mammal, upland game bird, amphibian, reptile, fish, invertebrate, or prohibited or controlled species into Oregon for the purpose of rehabilitation.

(2) Importation of injured wildlife into Oregon for rehabilitation purposes is limited to migratory bird species. Importation of migratory birds into Oregon for rehabilitation requires compliance with the Oregon Department of Agriculture’s importation rules.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 163-2015, f. & cert. ef. 12-9-15

Or. Admin. R. 635-062-0040 Disposition of Wildlife

(1) Any wildlife, carcasses, or parts of wildlife from Oregon held under an Oregon Wildlife Rehabilitation Permit remain the property of the State of Oregon (through the Department) and nothing in these rules may be construed as granting any ownership interest to a permittee or any other person. Wildlife held under an Oregon Wildlife Rehabilitation Permit cannot be sold, traded, bartered, transferred, loaned or exchanged unless otherwise authorized in writing by the local Department district wildlife biologist.

(2) To avoid habituation of rehabilitated animals, permittees, subpermittees, and volunteers must minimize contact between humans and wildlife undergoing rehabilitation, including the following minimum requirements:

(a) Human contact must be limited to the rehabilitation facility staff to the extent necessary for adequate rehabilitation care;

(b) Wildlife must not be habituated to humans or treated as pets;

(c) Wildlife must not be placed in view of the public. However, it is acceptable to make use of a remote video camera for observation purposes by rehabilitation staff and the public;

(d) Rehabilitation facilities must be located in areas separate from day to day human and domestic animal activity. Outdoor facilities must have visual barriers separating wildlife, humans and domestic animals;

(e) No permittee may possess an imprinted or habituated animal. If the permittee causes or comes into possession of an imprinted or habituated animal, the permittee must surrender the animal to the Department for placement in an approved facility or euthanize it, as directed by the local Department district wildlife biologist.

(3) A permittee must release rehabilitated wildlife:

(a) When the wildlife reaches physical maturity and is capable of self-maintenance or has attained adequate recovery from injury or illness;

(b) At a time of year appropriate for optimum species survivability;

(c) Within suitable habitat close to the point of origin, with prior approval from the local Department district wildlife biologist.

(d) Deer, elk, pronghorn antelope, bighorn sheep, mountain goat, or moose received by a wildlife rehabilitator and born during the year received may be held and rehabilitated from birth through September 30 of the year received and must be released to the wild prior to September 30 of the year received. Extenuating circumstances requiring holding of orphaned ungulates beyond September 30 requires written approval by the local Department district wildlife biologist.

(4) A permittee may not hold wildlife for rehabilitation longer than 180 days unless authorized in writing by the Department. If a permittee or the Department determines that an animal is incapable of survival in the wild, the permittee must euthanize the animal or upon Department direction, provide the animal to an AZA-accredited facility or other approved educational organization or institution.

(5) If a permittee has possession of wildlife that, after medical attention, is unable to feed, move, or stand to conduct normal life support functions to survive in the wild, the permittee must euthanize the animal unless given alternative instruction by the Department.

(6) A permittee must bury or incinerate any wildlife in their possession that die due to poisoning or infectious disease.

(a) Wildlife dying of other causes must be disposed of by burying, incineration, use as food for other rehabilitating wildlife, or retained for educational purposes if appropriate permits or letter of authorization from the local Department district wildlife biologist has been obtained.

(b) Any wildlife chemically euthanized must be buried or incinerated to avoid secondary toxicity by scavenging animals.

(c) Notwithstanding these restrictions, the local Department district wildlife biologist may approve in writing the disposal of wildlife carcasses to institutions, museums, licensed rendering facilities, or other persons possessing the appropriate permits.

(d) A permittee may retain feathers of migratory birds for use in repair of broken wing and tail feathers (imping) or for educational purposes if authorized by the appropriate permit from the USFWS.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 163-2015, f. & cert. ef. 12-9-15

Or. Admin. R. 635-062-0045 Facility Requirements

(1) A holder of an Oregon Wildlife Rehabilitation Permit (and any subpermittee) must maintain wildlife held for rehabilitation in a humane manner by:

(a) Providing a level of care meeting the Minimum Standards set by The International Wildlife Rehabilitation Council/National Wildlife Rehabilitators Association (IWRC/NWRA) in 2012 unless different standards are established in Exhibit 1 Caging and Enclosure Standards for the Rehabilitation of Black Bears and Ungulates (635-062-0025). This is to prevent distress from captivity, injury, sickness, neglect or disease and be used as guidelines for the care and housing of rehabilitated wildlife which, at the minimum, include but is not limited to the following;

(A) Appropriate food for each species and water of sufficient quantity and quality to allow for normal growth, healing, or maintenance of body weight shall be provided;

(B) Shelter sufficient to protect from adverse elements, protect from predators, to prevent escape, and injury. Any other requirement particular to the survival of the animal shall also be provided;

(C) Sufficient space for exercise necessary for the health, rehabilitation and eventual release of the animal shall be provided;

(D) Confinement areas shall be cleaned and kept free from excess food or fecal waste or other contaminants which could affect the health of the animal;

(E) Wildlife under rehabilitation will be maintained in a separate enclosure from regular human or domestic animal activity. Outdoor facilities must have visual barriers or adequate distance between wildlife and humans and domestic animals to prevent psychological and physical stress or habituation to care givers;

(F) Wildlife may not be restrained with a chain, rope, tape, hobbles or similar holding devices except for jesses used for holding raptors and during procedures required for safe handling.

(2) The permittee may receive from the Department and possess at the wildlife rehabilitation facility dead wildlife for the purpose of feeding wildlife in rehabilitation. Deceased wildlife received for purposes of feeding wildlife rehabilitation patients may not be used for human consumption.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 163-2015, f. & cert. ef. 12-9-15

Or. Admin. R. 635-062-0050 Facilities Subject to Inspection

Facilities for care of birds, mammals, amphibians, or reptiles by the holder of a Wildlife Rehabilitation Permit or by any subpermittee are subject to inspection by any Department employee or Oregon State Police officer.

(1) Inspection may take place without warrant or notice.

(2) Unless prompted by emergency or other exigent circumstances, facility inspections will be limited to regular and usual business hours, including weekends.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 163-2015, f. & cert. ef. 12-9-15

Or. Admin. R. 635-062-0055 Record Keeping and Reporting Requirements

(1) The holder of a Wildlife Rehabilitation Permit and any subpermittee must maintain accurate and up-to-date records of rehabilitation activities concerning any bird, mammal, amphibian, or reptile in their care for a minimum of three years following release or other disposition of the animal. Such records must include:

(a) Name, physical address (if provided) and affiliation of person picking up and delivering wildlife for rehabilitation;

(b) Wildlife category (bird, raptor, mammal, etc.);

(d) Age (if known);

(e) Gender (if known);

(f) Description and extent of injury, sickness or reason animal is held by permittee;

(g) Wildlife Collection location or site of origin;

(h) Date animal was admitted or received by permittee;

(i) Subpermittee name associated with animal case; and

(j) Final disposition (release into wild, euthanized, died, transferred, etc.), including date and location with authorizing documents from the local Department district wildlife biologist for appropriate cases.

(2) Each permittee must submit current rehabilitation records of required information in a legible document twice per year, by July 31 and January 31, to the Department.

History

Statutory/Other Authority: ORS 496.012, ORS 496.138, ORS 496.146, ORS 497.298, ORS 497.308, ORS 497.312, ORS 497.318, ORS 498.022, ORS 498.029, ORS 498.052, ORS 498.222 & ORS 498.242
Statutes/Other Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 497.298, ORS 497.308, ORS 497.312, ORS 497.318, ORS 498.022, ORS 498.029, ORS 498.052, ORS 498.222 & ORS 498.242
DFW 163-2015, f. & cert. ef. 12-9-15

Or. Admin. R. 635-062-0060 Cancellation or Non-Renewal of Permit

(1) If a holder of Wildlife Rehabilitation Permit (or subpermittee) violates any requirement of these Wildlife Rehabilitation Permit rules, the Department may revoke or decline permit renewal and any birds, mammals, amphibians and reptiles being held may be confiscated by law enforcement personnel.

(2) If a permittee fails to receive and rehabilitate wildlife for greater than 180 consecutive days, the Department may revoke (or decline to renew) the permit. The Department may choose to not revoke the permit if the permittee has completed the requisite 12 continuing education hours during the preceding 2 year period. In addition, the Department will consider extenuating circumstances on a case by case basis if presented to the Department in writing within 10 days following notification of permit revocation. If the Department revokes or declines to renew a permit under this subsection, a permittee who seeks renewal of the permit must comply with all requirements and conditions in 635-062-0210 including, but not limited to, retaking and passing the ODFW Wildlife Rehabilitation Permit test and submitting to a facility inspection.

(3) The Department may revoke or decline to renew a Wildlife Rehabilitation Permit if the permittee or subpermittee: fails to report or release wildlife, including species approved on the permit and restricted wildlife, as directed by the Department and these rules; or

(a) is convicted of, or admits to a violation of, any wildlife law, or any rule, order or permit issued under the wildlife laws within 5 years of application.

(4) Upon revocation or non-renewal of a permit, law enforcement personnel will confiscate any wildlife held.

(5) A permittee may appeal revocation or non-renewal of a permit through a contested case hearing. The request for a contested case hearing on a proposed revocation must be received by the Department within 21 days after service of notice (or 90 days for emergency revocations). The request for hearing on a proposed non-renewal must be received by the Department within 60 days of notice. Final Orders in contested case hearings will be issued by the Department Director.

History

Statutory/Other Authority: ORS 183.430, 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
DFW 163-2015, f. & cert. ef. 12-9-15

Division 64 PRIVATELY HELD EXOTIC AND GAME MAMMALS

Or. Admin. R. 635-064-0000 Purpose

These rules define the prohibition of hunting privately held exotic and game mammals.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.012 & 496.138
DFW 26-1999, f. & cert. ef. 4-26-99

Or. Admin. R. 635-064-0010 Privately Held Exotic and Game Mammals

It is unlawful to hunt, kill, or attempt to hunt or kill, exotic mammals (as defined in OAR 635, division 56) or game mammals (as defined in OAR 635, division 45) held or obtained by private parties; however:

(1) Any person may slaughter such an animal for meat, leather, or fur production;

(2) Any person may euthanize such an animal for scientific, health, safety or other valid husbandry concerns; and

(3) The department's Wildlife Division Director may authorize any person to hunt or kill such an animal if the Division Director determines it would be in the best interest of sound wildlife management. The Division Director may impose conditions on such authorizations.

History

Statutory/Other Authority: ORS 496.012 & 496.138
Statutes/Other Implemented: ORS 496.012 & 496.138
DFW 26-1999, f. & cert. ef. 4-26-99

Division 65 GAME MAMMAL GENERAL SEASONS AND REGULATIONS

Or. Admin. R. 635-065-0001 Purpose and General Information

(1) The purpose of these rules is to establish license and tag requirements, limits, areas, methods and other restrictions for hunting game mammals pursuant to ORS Chapter 496.

(2) OAR Chapter 635, Division 065 incorporates, by reference, the requirements for hunting game mammals set out in the document entitled "2026 Oregon Big Game Regulations,” into Oregon Administrative Rules. Therefore, persons must consult the ”2026 Oregon Big Game Regulations” in addition to OAR chapter 635, to determine all applicable requirements for game mammals. The annual Oregon Big Game Regulations are available at hunting license agents and regional, district, and headquarters offices, and website of the Oregon Department of Fish and Wildlife.

(3) Additional regulation information is available on the Oregon Department of Fish and Wildlife website at www.odfw.com.

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

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 24-2026, amend filed 03/31/2026, effective 03/31/2026
DFW 25-2025, amend filed 04/03/2025, effective 04/03/2025
DFW 30-2024, amend filed 04/24/2024, effective 04/24/2024
DFW 98-2023, temporary amend filed 09/20/2023, effective 09/20/2023 through 02/29/2024
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 29-2022, amend filed 03/21/2022, effective 03/21/2022
DFW 31-2021, amend filed 03/23/2021, effective 03/23/2021
DFW 53-2020, temporary amend filed 05/04/2020, effective 05/05/2020 through 10/06/2020
DFW 42-2020, temporary amend filed 04/09/2020, effective 04/10/2020 through 10/06/2020
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 27-2019, amend filed 03/11/2019, effective 03/11/2019
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 81-2016, f. & cert. ef. 6-27-16
DFW 22-2016(Temp), f. & cert. ef. 3-25-16 thru 9-20-16
DFW 18-2016, f. & cert. ef. 3-21-16
DFW 1-2015, f. & cert. ef. 1-6-15
DFW 138-2013, f. & cert. ef. 12-20-13
DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13
DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07
DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 88-2003(Temp), f. & cert. ef. 9-3-03 thru 12-31-03
DFW 85-2003(Temp), f. & cert. ef. 8-27-03 thru 2-23-04
Reverted to DFW 2-2003, f. & cert. ef. 1-17-03
DFW 9-2003(Temp), f. & cert. ef. 1-28-03 thru 6-16-03
DFW 2-2003, f. & cert. ef. 1-17-03
Reverted to DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 3-2002(Temp), f. & cert. ef. 1-3-02 thru 1-23-02
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 63-1989, f. & cert. ef. 8-15-89
FWC 38-1988, f. & cert. ef. 6-13-88

Or. Admin. R. 635-065-0006 General License Requirement

A person may obtain and possess only one valid annual hunting license per calendar year.

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
FWC 63-1989, f. & cert. ef. 8-15-89

Or. Admin. R. 635-065-0011 Mandatory Reporting Deadlines and Penalty

All big game tag holders, except for bighorn sheep and Rocky Mountain goat, and all turkey tag holders are required to report hunting effort and harvest.

(1) Reporting deadlines for 2024-2025 seasons are as follows:

(a) January 31, 2025: For hunts ending between April 1 and December 31, 2024.

(b) April 15, 2025: For hunts ending between January 1 and March 31, 2025.

(2) Any person with any deer or elk tag for hunts and seasons listed in the 2025 Oregon Big Game Regulations pamphlet, issued through the Electronic Licensing System, that fails to report by deadlines established in OAR 635-065-0011(1) will not be able to obtain a license to hunt game mammals or game birds in Oregon without paying a penalty.

(a) The penalty will be assessed beginning December 1, 2025 with purchase of a 2026 license.

(b) The penalty fee amount is $25.

(3) Reporting deadlines for 2025-2026 seasons are as follows:

(a) January 31, 2026: For hunts ending between April 1 and December 31, 2025.

(b) April 15, 2026: For hunts ending between January 1 and March 31, 2026.

(4) Any person with any deer or elk tag for hunts and seasons listed in the 2026 Oregon Big Game Regulations pamphlet, issued through the Electronic Licensing System, that fails to report by deadlines established in OAR 635-065-0011(1) will not be able to obtain a license to hunt game mammals or game birds in Oregon without paying a penalty.

(a) The penalty will be assessed beginning December 1, 2026 with purchase of a 2027 license.

(b) The penalty fee amount is $25.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 24-2026, amend filed 03/31/2026, effective 03/31/2026
DFW 25-2025, amend filed 04/03/2025, effective 04/03/2025
DFW 30-2024, amend filed 04/24/2024, effective 04/24/2024
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 29-2022, amend filed 03/21/2022, effective 03/21/2022
DFW 31-2021, amend filed 03/23/2021, effective 03/23/2021
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 1-2019, temporary amend filed 01/03/2019, effective 01/03/2019 through 07/01/2019
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 18-2016, f. & cert. ef. 3-21-16
DFW 1-2015, f. & cert. ef. 1-6-15
DFW 138-2013, f. & cert. ef. 12-20-13
DFW 10-2013, f. & cert. ef. 2-7-13
DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13

Or. Admin. R. 635-065-0012 Mandatory Florescent Orange Garments

No person younger than 18 years of age shall hunt with any firearm any game mammal or upland game bird (excluding turkey) unless the person is wearing in a manner visible from all directions a hat or exterior garment of fluorescent orange. “Exterior garment” means a shirt, jacket, coat, vest or sweater. Fluorescent orange camouflage patterns are acceptable. “Hat” means any head covering. Not subject to this rule are:

(1) Department employees and agents and the Oregon State Police while acting in their official capacities.

(2) Persons taking wildlife for damage under authority of ORS 498.012.

(3) Persons taking a wolf or wolves under authority of OAR chapter 635, division 110.

(4) Persons taking helpless or crippled wildlife under authority of ORS 498.016.

History

Statutory/Other Authority: 496.012, 496.138 & 496.162
Statutes/Other Implemented: 496.012, 496.138 & 496.162
DFW 91-2011, f. 7-12-11, cert. ef. 8-1-11

Or. Admin. R. 635-065-0015 General Tag Requirements and Limits

(1) Big Game Tags: Any person hunting game mammals for which a tag is required must have on their person a valid tag for the dates, area and species being hunted.

(2) Any person 12 years of age or older may purchase game mammal tags if they possess an adult or juvenile hunting license.

(3) A person may obtain and possess during an annual hunting season only:

(a) One valid black bear general season fall tag;

(b) One valid black bear additional general season fall tag;

(c) One valid black bear spring controlled hunt tag in addition to general season bear tags issued under subsections (a) and (b) above; or

(d) One valid black bear “leftover” spring controlled hunt tag;

(e) One valid cougar general season tag;

(f) One valid cougar additional general season tag;

(g) One valid controlled pronghorn antelope tag except as provided in OAR 635-073-0100.

(4) Except as provided in OAR Chapter 635, Division 090, and in OAR 635-075-0010, and in OAR 635-073-0100, a person may obtain and possess only one of the following tags during an annual hunting season:

(a) One valid buck deer general season archery tag; or

(b) One valid buck deer general season western Oregon any legal weapon tag; or

(d) One valid buck deer “left over” controlled hunt 100 series tag; and

(e) In addition to one of (4)(a), or (4)(b), or (4)(c), or (4)(d) one valid antlerless deer controlled hunt 600 series tag; or

(f) One valid antlerless deer “left over” controlled hunt 600 series tag; and

(g) One valid “Take a Friend Hunting” Contest deer tag, season dates, bag limit, and hunt area are as in OAR 635-090-0150 for deer and elk auction tags;

(5) Except as provided in OAR Chapter 635, Division 090, and OAR 635-073-0100, a person may obtain and possess only one of the following tags during an annual hunting season:

(a) One valid general season elk west Cascades tag; or

(b) One valid general season elk western Oregon Coast first season tag; or

(d) One valid general season elk Eastern Oregon Rocky Mountain second season tag; or

(e) One valid elk general archery season tag; or

(f) One valid elk controlled hunt 200 series tag; or

(g) One valid General Season Antlerless Elk Damage Tag; or

(h) One valid elk “leftover” controlled hunt 200 series tag.

(6) In addition to the tags described in OAR 635-065-0015 (3), (4), and (5), a person during an annual hunting season may obtain or possess only one valid “Mandatory Hunter Reporting Incentive Tag” per annual hunting season. If the Department awards a hunter such a tag through the controlled hunt draw authorized by OAR 635-060-0030(5), the following requirements will apply:

(a) On or before July 15, 2026 the hunter must inform the Department which species the tag is to be issued for (pronghorn antelope, deer, or elk) and purchase the tag. Tags not purchased by July 15 will be offered to an alternate hunter with a tag sale deadline of July 31, 2026.

(b) Hunting hours, hunt dates, and hunt area for Mandatory Hunter Reporting Incentive Tags will be the same as those listed in OAR 635-090-150 (3) for deer or (4) for elk , or 635-067-0028 (2) for pronghorn.

(d) Oregon Department of Fish and Wildlife employees are not eligible for a Mandatory Hunter Reporting Incentive Tag.

(7) Except through the opportunity provided in OAR 635-067-0032 thru 635-067-0034, a person may obtain and possess only one bighorn sheep ram tag in a lifetime.

(8) Except through the opportunity provided in OAR 635-067-0036 and 635-067-0041, a person may obtain and possess only one Rocky Mountain goat tag in a lifetime.

(9) It is unlawful for any person to issue or to possess any game mammal tag which has been backdated.

(10) Any game mammal tag having an issue date subsequent to the last day authorized for issue of such tag as listed in “Oregon Big Game Regulations” for the current season is a void tag. Exception:

(a) Members of the uniformed servicesreturning to the state after the deadline shall be permitted to purchase general season tags for themselves at the Salem headquarters and regional offices of the Department.

(b) Notwithstanding the deadlines for tag purchases provided by rule and in the hunting regulation synopses, any person who qualifies to purchase a tag but fails to make the purchase by the deadline, may purchase the tag late if the person:

(A) Submits an attestation to the Department’s Licensing Services Office certifying that the person has not yet hunted during the season for which the tag is sought;

(B) The request must be received by the Department before the end of the season for the particular tag; and

(C) Pays the Department the fee as provided in OAR 635-010-0019 for a tag issued after the tag sale deadline in addition to the usual tag fee.

(D) A tag purchased for a season that has not begun may be canceled and exchanged for a tag for an ongoing season using the process outlined in 635-065-0015(10)(b)(A and B) provided the original tag is surrendered with the attestation and the fee for a tag issued after the tag sale deadline is paid to the Department.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 24-2026, amend filed 03/31/2026, effective 03/31/2026
DFW 25-2025, amend filed 04/03/2025, effective 04/03/2025
DFW 30-2024, amend filed 04/24/2024, effective 04/24/2024
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 29-2022, amend filed 03/21/2022, effective 03/21/2022
DFW 184-2021, amend filed 12/30/2021, effective 01/01/2022
DFW 31-2021, amend filed 03/23/2021, effective 03/23/2021
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 27-2019, amend filed 03/11/2019, effective 03/11/2019
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 18-2016, f. & cert. ef. 3-21-16
FWC 123, f. & ef. 6-9-77; FWC 33-1978, f. & ef. 6-30-78; FWC 28-1979, f. & ef. 8-2-79; FWC 33-1980, f. & ef. 6-30-80; FWC 6-1981, f. & ef. 1-23-81; FWC 11-1981, f. & ef. 3-31-81; FWC 20-1981, f. & ef. 6-19-81; FWC 37-1982, f. & ef. 6-25-82; FWC 13-1988, f. & cert. ef. 3-10-88; FWC 63-1989, f. & cert. ef. 8-15-89, Renumbered from 635-65-780; FWC 24-1990, f. & cert. ef. 3-21-90; FWC 20-1991, f. & cert. ef. 3-12-91; FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94; FWC 4-1995, f. 1-23-95, cert. ef. 7-1-95; FWC 7-1996, f. & cert. ef. 2-12-96; FWC 9-1997, f. & cert. ef. 2-27-97; FWC 6-17-97, f. & cert. ef. 6-17-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 30-2000, f. & cert. ef. 6-14-00; DFW 54-2000(Temp), f. & cert. ef. 8-28-00 thru 12-31-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 47-2001, f. & cert. ef. 6-13-01; DFW 52-2001(Temp), f. & cert. ef. 6-27-01 thru 12-24-01; DFW 34-2002, f. & cert. ef. 4-18-02; DFW 59-2002, f. & cert. ef. 6-11-02; DFW 2-2003, f. & cert. ef. 1-17-03; DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05; DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06; DFW 66-2009, f. & cert. ef. 6-10-09; DFW 106-2009(Temp), f. & cert. ef. 9-2-09 thru 3-1-10; DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10; DFW 26-2010(Temp), f. & cert. ef. 3-3-10 thru 8-29-10; DFW 58-2010(Temp), f. & cert. ef. 5-12-10 thru 11-8-10; DFW 70-2010(Temp), f. & cert. ef. 5-18-10 thru 11-10-10; DFW 83-2010, f. & cert. ef. 6-15-10; DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11; DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12; DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13; DFW 138-2013, f. & cert. ef. 12-20-13; DFW 63-2014, f. & cert. ef. 6-10-14; DFW 1-2015, f. & cert. ef. 1-6-15; DFW 69-2015, f. & cert. ef. 6-11-15

Or. Admin. R. 635-065-0090 Disabled Hunter Seasons and Bag Limits

(1) A person who possesses an Oregon Disabilities Hunting and Fishing Permit issued by the Department is qualified for expanded bag limits as follows: Season/Tag — Bag Limit

(a) General or controlled buck deer — One deer bag limit in the following hunt areas and units: Jackknife, Helix, Indigo, McKenzie, Melrose, Santiam, Willamette.

(b) General or controlled bull elk — Legal bull or antlerless elk bag limit in the following units: Applegate, Beatys Butte, Beulah, Biggs, Catherine Creek, Chesnimnus, Columbia Basin, Dixon (outside National Forest Lands within the unit), Evans Creek (outside National Forest Lands within the unit), East Fort Rock (that portion east of Hwy 97), Fossil, Grizzly, Hood, Imnaha, Indigo (outside National Forest Lands within the unit), Juniper, Keating, Lookout Mountain, Malheur River, Maupin, McKenzie (outside National Forest Lands within the unit), Melrose, Minam, Murderers Creek, Northside, Ochoco, Owyhee, Paulina, Pine Creek, Rogue (outside National Forest Lands within the unit), Santiam (outside National Forest Lands within the unit), Silvies, Siuslaw, Sixes, Sled Springs, Steens Mountain, South Sumpter (that part of Unit 51 south of Burnt Rvr Canyon Rd from Durkee to junction State Hwy 245 and Hwy 245 from junction Burnt Rvr Canyon Rd to Unity), Wagontire, White River, Whitehorse, and Willamette.

(c) Controlled pronghorn antelope buck only hunts – One pronghorn bag limit in the following units: Beatys Butte, Biggs, Columbia Basin, Fort Rock, Grizzly, Juniper, Keating, Lookout Mountain, Malheur River, Maupin, Maury, Murderers Creek, Northside, Ochoco, Paulina, Silver Lake, Silvies, Steens Mountain, Sumpter, Wagontire, Warner. For hunts with bag limits other than one buck or one bull, the bag limit remains as shown in the Oregon Big Game Regulations.

(2) The Oregon Disabilities Hunting and Fishing Permit is valid only with a general season or controlled bull elk, buck deer, or pronghorn antelope tag for the area and time period being hunted. The permit must be carried on the person while hunting.

(3) An able-bodied companion may accompany a person with an Oregon Disabilities Hunting and Fishing Permit and kill any animal wounded by the permit holder. The wounded animal must be killed using a legal weapon for the season and species designated on the tag. The companion must immediately validate and attach the permit holder's tag or required information described in OAR 635-065-0765 if validated electronically to the carcass of the animal. The companion is not required to possess a hunting license or tag.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 107-2025, amend filed 11/25/2025, effective 12/01/2025
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 31-2021, amend filed 03/23/2021, effective 03/23/2021
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 27-2019, amend filed 03/11/2019, effective 03/11/2019
DFW 18-2016, f. & cert. ef. 3-21-16
DFW 1-2015, f. & cert. ef. 1-6-15
DFW 138-2013, f. & cert. ef. 12-20-13
DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13
DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 42-2007, f. & cert. ef. 6-14-07
DFW 41-2006, f. & cert. ef. 6-14-06
DFW 142-2005, f. & cert. ef. 12-16-05
DFW 53-2005, f. & cert. ef. 6-14-05
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 4-1995, f. 1-23-95, cert. ef. 7-1-95
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 20-1991, f. & cert. ef. 3-12-91
FWC 63-1989, f. & cert. ef. 8-15-89
FWC 29-1987, f. & ef. 6-19-87

Or. Admin. R. 635-065-0101 Buck Deer Seasons

(1) A person hunting deer during the general buck season in the open area listed under the western Oregon deer season described in OAR 635, division 068 shall have on their person a General Any Legal Weapon Western Oregon Tag.

(2) A person hunting in a season authorized by a controlled hunt tag shall have on their person the deer tag required for that area.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 2-2003, f. & cert. ef. 1-17-03
FWC 38-1997, f. & cert. ef. 6-17-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 7-1996, f. & cert. ef. 2-12-96
FWC 20-1991, f. & cert. ef. 3-12-91
FWC 63-1989, f. & cert. ef. 8-15-89
FWC 38-1988, f. & cert. ef. 6-13-88
FWC 13-1988, f. & cert. ef. 3-10-88
FWC 34-1984, f. & ef. 7-24-84
FWC 37-1982, f. & ef. 6-25-82
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 33-1978, f. & ef. 6-30-78
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-065-0201 Elk Seasons

(1) A person hunting bull elk during either the first or second period of the general bull season in the open area listed under Rocky Mountain elk seasons in the Big Game Regulations shall have on their person a corresponding Rocky Mountain elk any legal weapon tag.

(2) A person hunting bull elk during general bull season in the open areas listed under the Coast elk seasons in the Big Game Regulations shall have on their person a corresponding Coast elk any legal weapon tag.

(3) A person hunting bull elk during the general bull elk season in the open area listed under the West Cascade elk season in the Big Game Regulations shall have on their person a General West Cascade elk any legal weapon tag.

(4) A person hunting antlerless elk during the general antlerless elk season in an open area listed under the General Season Antlerless Elk Damage Tag shall have on their person a General Season Antlerless Elk Damage Tag.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162 & ORS 496.012
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162 & ORS 496.012
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 28-2020, minor correction filed 03/10/2020, effective 03/10/2020
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 30-2000, f. & cert. ef. 6-14-00
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 38-1997, f. & cert. ef. 6-17-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 63-1989, f. & cert. ef. 8-15-89
FWC 15-1989, f. & cert. ef. 3-28-89
FWC 38-1988, f. & cert. ef. 6-13-88
FWC 13-1988, f. & cert. ef. 3-10-88
FWC 41-1987, f. & ef. 7-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 34-1984, f. & ef. 7-24-84
FWC 28, f. & ef. 7-8-83
FWC 37-1982, f. & ef. 6-25-82
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f & ef 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 6-1979, f. & ef. 2-6-79
FWC 33-1978, f. & ef. 6-30-78
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-065-0301 General Black Bear Season

Any person hunting bear during the general black bear season in the open area listed under general black bear season described in OAR chapter 635, division 066 shall have on their person an unused general season black bear tag or an unused Additional Bear Tag.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 38-1997, f. & cert. ef. 6-17-97
FWC 63-1989, f. & cert. ef. 8-15-89

Or. Admin. R. 635-065-0401 Deadline for Purchase of General Season Tags

Except as provided in OAR 635-065-0015 (10):

(1) No buck deer general season western Oregon any legal weapon tag shall be issued after 11:59 pm, Pacific Time, October 3, 2026.

(2) No buck deer general season archery tag shall be issued after 11:59 pm, Pacific Time, August 29, 2026.

(3) No black bear general season fall tag shall be issued after 11:59 pm, Pacific Time, October 3, 2026.

(4) Black bear additional general season fall tags may be purchased anytime during the bear hunting season, after a black bear general season fall tag has been purchased. An unused bear tag must be in the hunter’s possession at the time they are hunting.

(5) No general season cougar tag shall be issued after 11:59 pm, Pacific Time, October 3, 2026.

(6) Additional general season cougar tags may be purchased anytime during the cougar hunting season, after a general season cougar tag has been purchased. An unused cougar tag must be in the hunter’s possession at the time they are hunting.

(7) No general season elk eastern Oregon Rocky Mountain second season tag shall be issued after 11:59 pm, Pacific Time, November 7, 2026.

(8) No general season elk western Oregon Coast first season tag shall be issued after 11:59 pm, Pacific Time, November 14, 2026.

(9) No general season elk western Oregon Coast second season tag shall be issued after 11:59 pm, Pacific Time, November 21, 2026.

(10) No general season elk west Cascade tag shall be issued after 11:59 pm, Pacific Time, November 7, 2026.

(11) No elk general archery season tag shall be issued after 11:59 pm, Pacific Time, August 29, 2026.

(12) No General Season Antlerless Elk Damage Tag shall be issued after legal shooting hours end on March 31, 2026.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 24-2026, amend filed 03/31/2026, effective 03/31/2026
DFW 25-2025, amend filed 04/03/2025, effective 04/03/2025
DFW 30-2024, amend filed 04/24/2024, effective 04/24/2024
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 29-2022, amend filed 03/21/2022, effective 03/21/2022
DFW 31-2021, amend filed 03/23/2021, effective 03/23/2021
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 27-2019, amend filed 03/11/2019, effective 03/11/2019
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 18-2016, f. & cert. ef. 3-21-16
DFW 1-2015, f. & cert. ef. 1-6-15
DFW 138-2013, f. & cert. ef. 12-20-13
DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13
DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 103-2007(Temp), f. & cert. ef. 9-27-07 thru 3-24-08
DFW 70-2007(Temp), f. & cert. ef. 8-13-07 thru 2-9-08
DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07
DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 2-2003, f. & cert. ef. 1-17-03
Reverted to DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
DFW 108-2002(Temp), f. & cert. ef. 9-26-02 thru 12-31-02
DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 38-1997, f. & cert. ef. 6-17-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 18-1996, f. 4-10-96, cert. ef. 8-1-96
FWC 4-1995, f. 1-23-95, cert. ef. 7-1-95
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 58-1991, f. & cert. ef. 6-24-91
FWC 20-1991, f. & cert. ef. 3-12-91
FWC 55-1990, f. & cert. ef. 6-21-90
FWC 24-1990, f. & cert. ef. 3-21-90
FWC 63-1989, f. & cert. ef. 8-15-89, Renumbered from 635-065-0010
FWC 15-1989, f. & cert. ef. 3-28-89
FWC 38-1988, f. & cert. ef. 6-13-88
FWC 13-1988, f. & cert. ef. 3-10-88
FWC 41-1987, f. & ef. 7-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28, f. & ef. 7-8-83
FWC 37-1982, f. & ef. 6-25-82
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 33-1978, f. & ef. 6-30-78
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-065-0625 Regulations on State and Federal Wildlife Areas, Refuges and Special Areas

State and Federal wildlife areas, refuges and special areas listed below shall be open to hunting during authorized seasons, subject to the following special regulations and exceptions:

(1) Bear Valley National Wildlife Refuge (Klamath County): Closed to all public entry except walk-in deer hunting prior to November 1.

(2) Cascade Head — Lincoln City Area: The Cascade Head — Lincoln City Area is closed to hunting with centerfire rifles, muzzleloaders, or handguns. Hunting is restricted to archery and shotguns only during authorized seasons, except for Department approved emergency hunts. Hunters using shotguns for elk shall use slugs (single projectile) only. The Cascade Head — Lincoln City Area boundaries shall be defined as follows: Beginning at the Pacific Ocean and Siletz River mouth, east along the north shoreline of the Siletz River to Drift Cr. Rd. (mile post 1 on Hwy 229); north on Drift Cr. Rd. to Anderson Cr. Rd.; north on Anderson Cr. Rd. to Schooner Cr. Rd.; west on Schooner Cr. Rd. to Forest Rd. 2200; north and east on FR 2200 to FR 1726; west on FR 1726 to FR 2100; northeast on FR 2100 to the power line crossing; north along the power line to State Hwy. 18; west on Hwy 18 to Old Scenic Hwy 101; north on Old Scenic Hwy 101 to Three Rocks Rd.; west on Three Rocks Rd. to U.S. Hwy 101; north on Hwy 101 to FR 1861; west on FR 1861 to Harts Cove trailhead; west on Harts Cove trail to the Pacific Ocean; south along the coastline to the Siletz River, point of beginning.

(3) Cold Springs Refuge (Umatilla County): The Cold Springs Refuge shall be closed to deer and elk hunting.

(4) Dean Creek Elk Viewing Area (Douglas County): All Bureau of Land Management lands within or contiguous to BLM lands within T22S R11W (including Spruce Reach Island located adjacent to Hwy. 38 and between the outlets of Koapke and Hinsdale Sloughs) are closed to hunting. Also, other lands located within the following boundary are closed to hunting during all elk and deer seasons that pertain to this area: beginning at the intersection of Schofield Rd. and Hwy. 38, south on Schofield Rd. to its intersection with Hakki Ridge Rd., east on Hakki Ridge Rd. to the crest of Hakki Ridge, east along the crest of Hakki Ridge to its intersection with the BLM boundary located in T22S, R11W Section 4, easterly along the BLM boundary to Hwy. 38, west on Hwy 38 to point of beginning.

(5) Dunes National Recreational Area: Use of rifles and handguns is prohibited for all hunting in that portion of the Siuslaw Unit west of Highway 101 and north of Tahkenitch Creek.

(6) North Bank Habitat Management Area (NBHMA; previously known as the Dunning Ranch Area in Douglas County): 6,500 acres located approximately eight miles northeast of Roseburg. Area: All BLM lands located in T25S, R5W, Sections 35,36; T26S, R5W, Sections 1,2,11,12,13,14; T25S, R4W, Sections 31,32,33; T26S, R4W, Sections 4,5,6,7,8,18. This area is closed to all big game hunting except for and during controlled hunts specific to the NBHMA by hunters possessing a controlled hunt tag for the area. Elk, black bear, and cougar hunting will be allowed by hunters who possess a valid NBHMA controlled hunt tag in addition to valid elk, black bear, or cougar tags. The use of bait for hunting game mammals is prohibited on NBHMA. All BLM lands located in T25S, R5W, Sections 35, 36; T26S, R5W, Sections 1, 2, 11, 12, 13, 14; T25S, R4W, Sections 31,32, 33; T26S, R4W, Sections 4, 5, 6, 7, 8, 18.

(7) William Finley National Wildlife Refuge (Benton County):

(a) Portions of the Refuge are open to deer and elk hunting under special regulations established by the Refuge.

(b) All hunters shall obtain a refuge permit and check in and out of the refuge daily. Information about deer and elk hunting locations, seasons, weapon restrictions, and application instructions are available at the refuge office at 541-757-7236 or on their website (http://www.fws.gov/refuge/William_L_Finley/Hunt.html).

(8) Government Island State Recreation Area (Multnomah County): Use of rifles, handguns, and shotguns with slugs or buckshot, and bows is prohibited at all times.

(9) Hart Mountain National Antelope Refuge (Lake County): Portions of the refuge shall be open for hunting as prescribed under controlled pronghorn antelope and bighorn sheep hunts, deer bowhunting season, and muzzleloader deer season. The refuge is open for pronghorn antelope Mandatory Reporting Incentive tag holders, Premium Pronghorn Antelope Hunt and Premium Deer Hunt tag holders, and pronghorn antelope and bighorn sheep auction and raffle tag holders but is closed for Access and Habitat deer and elk auction and raffle and Mandatory Reporting Incentive deer and elk tag holders.

(10) Heppner Regulated Hunt Area: Closed to all motor vehicle use year-round unless posted otherwise, open fires and camping prohibited in posted areas. Approximately 23 square miles in Townships 3, 4, and 5 South, Ranges 26, 27 and 28 East;

(11) John Day Fossil Beds National Monument: Those parts of the National Monument in the Grizzly, Biggs, Fossil, and Northside Units are closed to all hunting and trapping.

(12) John Day River Refuge: Includes all land within 1/4 mile of the John Day River mean high water line from the Columbia River upstream to Thirty Mile Creek. Hunting of big game is allowed during authorized seasons.

(13) Klamath Marsh National Wildlife Refuge: This area is closed to all deer and elk hunting.

(14) Malheur National Wildlife Refuge (Harney County): Portions of the refuge in Blitzen Valley lying west of State Highway 205 is open during authorized rifle and bow deer and pronghorn antelope seasons. The Buena Vista unit is open for mule deer hunting when in possession of, and in compliance with, a special use permit issued by Malheur National Wildlife Refuge.

(15) McDonald Forest-Dunn Forest Area (Benton County): The area is closed to all hunting except during controlled hunts as authorized by the commission

(16) McKay Creek Refuge (Umatilla County): This refuge is closed to deer and elk hunting.

(17) Metolius Wildlife Refuge (Jefferson County): All hunting, injuring, taking, killing, or destroying any wild bird or mammal on public land is prohibited on public lands within T12 and T13S, R9E, bounded by USFS road 1420 and 1419 on the west; road 1400 on the south and east; and road 1420-400, Metolius River, and posted boundary from the Metolius River to road 1400 on the north (approximately five square miles). 36 CFR 261.58(v).

(18) Mill Creek Watershed (Umatilla County): This watershed is closed to all access and hunting except by holders of a Mill Creek Watershed controlled elk tag and a Forest Service entry permit.

(19) Newberry Crater Wildlife Refuge (Deschutes County): All hunting, injuring, taking, killing, or destroying any wild bird or mammal is prohibited on public lands within the rim of Newberry Crater in: T21S, R12E; T22S, R12E; T21S, R13E; T22S, R13E (approximately 15 square miles).

(20) Rimrock Springs Wildlife Area (Grizzly Unit): This area is closed to all hunting.

(21) Rogue River Area:

(a) All land within one mile of the Rogue River between Grave Creek and Lobster Creek is closed to bear hunting.

(b) All land within 1/4 mile of the Rogue River in the wild river section from Grave Creek downstream to Watson Creek is closed to all hunting except during authorized seasons.

(22) Snake River Islands (Malheur County): Closed to hunting with rifles.

(23) South Slough National Estuarine Reserve: Specific areas are closed to hunting due to public health and safety. Contact reserve headquarters office for specific closures.

(24) Starkey Experimental Forest Enclosure (Union County): That portion of The Starkey Experimental Forest within the eight foot high elk-proof fence enclosure is closed to all hunting during deer and elk season except for persons possessing a controlled hunt tag for the area. A posted 1/4 mile buffer zone on the National Forest lands surrounding the enclosure is closed to all hunting with a centerfire rifle or bow. The enclosure is open to deer and elk hunting only by permit during controlled hunts. The main study area is open to hunting of other species during authorized seasons. The 12-foot right-of-way along each side of all eight foot-high perimeter and internal game fences is closed to all motorized travel. Public entry is allowed only through the main gate. The Experimental Forest is closed to all public entry during the winter closure, which runs from the day after the controlled antlerless elk hunt until May 1 annually. Access and Habitat auction or raffle tag holders, Mandatory Incentive Tag holders, and Premium Deer and Premium Elk tag holders are not eligible to hunt in the Starkey Experimental Forest enclosure.

(25) Umatilla Refuge (Morrow County): This refuge is closed to deer and elk hunting except during controlled hunts specific to the refuge and emergency hunts as provided in OAR chapter 635, division 078.

(26) Willamette River Greenway Corridor: Hunting is permitted with shotguns or bows and arrows only during authorized season on Willamette River Greenway parcels, except in those parcels where hunting is prohibited.

History

Statutory/Other Authority: ORS 496.138, ORS 496.146, ORS 496.162 & ORS 496.012
Statutes/Other Implemented: ORS 496.138, ORS 496.146, ORS 496.162 & ORS 496.012
DFW 33-2025, amend filed 04/28/2025, effective 04/28/2025
DFW 42-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 29-2022, amend filed 03/21/2022, effective 03/21/2022
DFW 4-2022, amend filed 01/19/2022, effective 01/19/2022
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 122-2017, amend filed 09/21/2017, effective 09/21/2017
Reverted to DFW 20-2017, f. & cert. ef. 3-2-17
DFW 36-2017(Temp), f. & cert. ef. 3-31-17 thru 9-26-17
DFW 20-2017, f. & cert. ef. 3-2-17
DFW 18-2016, f. & cert. ef. 3-21-16
DFW 1-2015, f. & cert. ef. 1-6-15
DFW 117-2014, f. & cert. ef. 8-7-14
Reverted to DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13
DFW 80-2013(Temp), f. 7-25-13, cert. ef. 7-26-13 thru 1-21-14
DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13
DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07
DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
Reverted to DFW 2-2003, f. & cert. ef. 1-17-03
DFW 9-2003(Temp), f. & cert. ef. 1-28-03 thru 6-16-03
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 30-2000, f. & cert. ef. 6-14-00
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 47-1999, f. & cert. ef. 6-16-99
DFW 1-1999, f. & cert. ef. 1-14-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 38-1997, f. & cert. ef. 6-17-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 18-1996, f. 4-10-96, cert. ef. 8-1-96
FWC 4-1995, f. 1-23-95, cert. ef. 7-1-95
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 58-1991, f. & cert. ef. 6-24-91
FWC 20-1991, f. & cert. ef. 3-12-91
FWC 55-1990, f. & cert. ef. 6-21-90
FWC 24-1990, f. & cert. ef. 3-21-90
FWC 63-1989, f. & cert. ef. 8-15-89
FWC 15-1989, f. & cert. ef. 3-28-89
Reverted to FWC 38-1988, f. & cert. ef. 6-13-88
FWC 94-1988(Temp), f. & cert. ef. 9-19-88
FWC 38-1988, f. & cert. ef. 6-13-88
FWC 41-1987, f. & ef. 7-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28, f. & ef. 7-8-83
FWC 37-1982, f. & ef. 6-25-82
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 33-1978, f. & ef. 6-30-78
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-065-0635 Winter Range Closure Areas

The following winter closures shall be effective during the specified periods each year:

(1) Tumalo Winter Range: December 1 through March 31, -- That part of the Upper Deschutes Unit as follows: 125 square miles in Townships 15, 16, 17, 18, and 19 South, Ranges 10 and 11 East.

(2) Bear Valley: Closed to motor vehicle use year round -- That part of the Keno Unit as follows: six square miles in Township 40 South, Ranges 7 and 8 East.

(3) Lost River: December 1 through April 15 -- That part of the Klamath Falls Unit as follows: 6 square miles in Township 39 South, Ranges 11, 11-1/2, and 12 East.

(4) Lost River: December 1 through April 15 -- That part of the Interstate Unit as follows: 6 square miles in Township 41 South, Range 14 East.

(5) Cabin Lake-Silver Lake: December 1 through March 31 -- That part of the Paulina Unit as follows: 342 square miles in Townships 23, 24, 25, 26, 27, 28, and 29 South, Ranges 11, 12, 13, 14, 15, and 16 East.

(6) Spring Creek Winter Range: December 15 through April 30 -- That part of the Starkey Unit as follows: 14 square miles in Townships 2 and 3 South, Range 36 East.

(7) McCarty Winter Range: December 15 through March 31 -- That part of the Starkey Unit as follows: 12 square miles in Townships 4 and 5 South, Ranges 34 and 35 East.

(8) Metolius Winter Range: December 1 through March 31-- That part of the Metolius Unit as follows: 101 square miles in Townships 11, 12, 13, and 14 South and Ranges 11 and 12 East.

(9) Bryant Mountain: November 1 through April 15 -- That part of the Klamath Falls Unit as follows: 50 square miles in Townships 39, 40, and 41 South and Ranges 12 and13 East.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 30-2024, amend filed 04/24/2024, effective 04/24/2024
DFW 72-2023, temporary amend filed 07/27/2023, effective 07/27/2023 through 01/22/2024
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12
DFW 42-2007, f. & cert. ef. 6-14-07
DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07
DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 30-2000, f. & cert. ef. 6-14-00
DFW 47-1999, f. & cert. ef. 6-16-99
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 38-1997, f. & cert. ef. 6-17-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 18-1996, f. 4-10-96, cert. ef. 8-1-96
FWC 4-1995, f. 1-23-95, cert. ef. 7-1-95
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 36-1993, f. & cert. ef. 6-14-93

Or. Admin. R. 635-065-0655 Unit Boundary Requirements

Any person hunting in a season which is defined by a unit or units description shall abide by unit boundaries as described by the Oregon Wildlife Unit Map and descriptions under OAR 635, division 080.

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
FWC 63-1989, f. & cert. ef. 8-15-89

Or. Admin. R. 635-065-0700 Rifles

Hunters shall only use:

(1) Any .24 caliber or larger centerfire rifle that is not fully automatic to hunt elk. Semiautomatics shall have a magazine capacity of no more than five cartridges.

(2) Any centerfire rifle .22 caliber or larger that is not fully automatic to hunt pronghorn antelope, black bear, cougar, bighorn sheep, Rocky Mountain goat, or deer. Semiautomatics shall have a magazine capacity of no more than five cartridges.

(3) Any rifle that is not fully automatic to hunt western gray squirrels.

(4) For hunting seasons designated as any legal weapon hunts, hunters shall use only firearms or bows and arrows legal for that species:

(a) A person hunting deer with either a western Oregon deer any legal weapon tag or eastern Oregon deer any legal weapon tag shall use a legal centerfire or muzzleloading rifle, or shotgun, or centerfire handgun, or bow.

(b) A person hunting elk with any elk any legal weapon tag shall use a legal centerfire or muzzleloading rifle, or shotgun, or centerfire handgun, or bow.

(5) Hunters shall not use tracer ammunition or full metal-jacket bullets.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 27-2019, amend filed 03/11/2019, effective 03/11/2019
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 4-1995, f. 1-23-95, cert. ef. 7-1-95
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 63-1989, f. & cert. ef. 8-15-89
FWC 15-1989, f. & cert. ef. 3-28-89
FWC 38-1988, f. & cert. ef. 6-13-88
FWC 41-1987, f. & ef. 7-6-87
FWC 11-1987, f. & ef. 3-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 28, f. & ef. 7-8-83
FWC 15-1983, f. & ef. 4-19-83
FWC 37-1982, f. & ef. 6-25-82
FWC 21-1982, f. & ef. 3-31-82
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 33-1978, f. & ef. 6-30-78
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-065-0703 Shotguns — Requirements

Hunters shall use:

(1) Any shotgun, including those with rifled barrels, with number 1 or larger buckshot or slugs to hunt pronghorn antelope, black bear, cougar, or deer.

(2) Any shotgun, including those with rifled barrels, using slugs (single projectile) to hunt elk.

(3) Any shotgun to hunt western gray squirrels.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
FWC 28, f. & ef. 7-8-83; FWC 43-1985, f. & ef. 8-22-85; FWC 11-1987, f. & ef. 3-6-87; FWC 63-1989, f. & cert. ef. 8-15-89; FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94: FWC 38-1997, f. & cert. ef. 6-17-97; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00

Or. Admin. R. 635-065-0705 Muzzleloading Rifles — Requirements

During controlled muzzleloader only seasons:

(1) Hunters shall use any long gun that:

(a) Is fired from the shoulder;

(b) Is loaded from the muzzle;

(d) Scopes (permanent or detachable), and sights that use batteries, artificial light or power, are not allowed during muzzleloader-only seasons or during 600 series hunts where there is a weapon restriction of “shotgun/muzzleloader only” or “archery/muzzleloader only”. However, this restriction does not apply to a visually impaired hunter who has a visual acuity of ≤20/200 with lenses or visual field of ≤ 20 degrees, provided that the hunter holds an Oregon Disabilities Hunting and Fishing Permit. Open and peep sights made from alloys, plastic, or other materials that do not have the properties described above are legal. Open or iron sights that make use of fiber optics or fluorescent paint are also legal.

(2) During muzzleloader-only seasons and 600 series hunts where there is a weapon restriction of shotgun/muzzleloader only or archery/muzzleloader only, it is illegal to hunt with or have in possession while hunting, sabots, or bullets with plastic or synthetic parts. Cloth, paper or felt patches are allowed.

(3) Hunters shall use only flint or percussion caps as a source of ignition.

(4) Hunters shall use only loose or granular black powder or black powder substitutes as propellants.

(5) Any .40 calibers or larger muzzleloader as described in OAR 635-065-0705(1)–(4) to hunt pronghorn antelope, black bear, cougar, bighorn sheep, Rocky Mountain goat, or deer.

(6) Any .50 caliber or larger muzzleloader as described in OAR 635-065-0705(1)–(4) to hunt elk.

(7) Hunters shall use only number 1 or larger buckshot or bullets as described in OAR 635-065-0705(2) for hunting deer, black bear or cougar.

(8) Hunters shall use only single projectiles as described in OAR 635-065-0705(2) for hunting pronghorn antelope, elk, bighorn sheep, or Rocky Mountain goat.

(9) Hunters may only use a legal muzzleloading firearm as described in OAR 635-065-0705. During any legal weapon seasons where muzzleloaders are also a legal firearm, hunters may:

(a) Use any .40 caliber or larger muzzleloading firearm to hunt pronghorn antelope, black bear, cougar, bighorn sheep, Rocky Mountain goat, or deer.

(b) Use any .50 caliber or larger muzzleloading firearm to hunt elk.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 30-2024, amend filed 04/24/2024, effective 04/24/2024
DFW 32-2021, amend filed 03/23/2021, effective 03/23/2021
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 27-2019, amend filed 03/11/2019, effective 03/11/2019
DFW 1-2015, f. & cert. ef. 1-6-15
DFW 125-2014(Temp), f. & cert. ef. 8-26-14 thru 2-1-15
DFW 138-2013, f. & cert. ef. 12-20-13
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 85-2003(Temp), f. & cert. ef. 8-27-03 thru 2-23-04
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 1-1999, f. & cert. ef. 1-14-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 63-1989, f. & cert. ef. 8-15-89
FWC 15-1989, f. & cert. ef. 3-28-89
FWC 38-1988, f. & cert. ef. 6-13-88
FWC 11-1987, f. & ef. 3-6-87
FWC 43-1985, f. & ef. 8-22-85
FWC 21-1985, f. & ef. 5-7-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28, f. & ef. 7-8-83
FWC 15-1983, f. & ef. 4-19-83
FWC 37-1982, f. & ef. 6-25-82
FWC 21-1982, f. & ef. 3-31-82
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-065-0710 Handguns — Requirements

Hunters shall use:

(1) Any centerfire handgun .22 caliber or larger that is not fully automatic to hunt pronghorn antelope, black bear, cougar, or deer.

(2) Any centerfire handgun .24 caliber or larger that is not fully automatic to hunt bighorn sheep, Rocky Mountain goat, or elk.

(3) Any handgun that is not fully automatic to hunt western gray squirrels.

(4) Hunters shall not use military or full metal-jacket bullets in original or altered form.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 6-2020, amend filed 01/17/2020, effective 01/17/2020
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 46-1993, f. & cert. ef. 8-4-93
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 55-1990, f. & cert. ef. 6-21-90
FWC 63-1989, f. & cert. ef. 8-15-89
FWC 15-1989, f. & cert. ef. 3-28-89
FWC 38-1988, f. & cert. ef. 6-13-88
FWC 11-1987, f. & ef. 3-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28, f. & ef. 7-8-83
FWC 37-1982, f. & ef. 6-25-82
FWC 21-1982, f. & ef. 3-31-82
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-065-0720 Bows and Arrows

Hunters shall use:

(1) Any long, recurve, or compound bow with 40-pound or heavier pull rating to hunt pronghorn antelope, black bear, cougar, bighorn sheep, Rocky Mountain goat, deer, or elk.

(2) Any long, recurve, or compound bow to hunt western gray squirrels.

(3) Only unbarbed broadheads at least 7/8-inch wide to hunt game mammals. Broadheads with moveable blades that fold/collapse when withdrawn are not considered barbed. Western gray squirrel may also be hunted with small game arrow points/heads.

(4) A long, recurve, or compound bow and shall not possess any crossbow while hunting within an authorized bowhunting area or season.

(5) Only a long, recurve, or compound bow during any authorized pronghorn antelope, deer or elk bowhunting season to hunt pronghorn antelope, deer, or elk.

(6) For hunting seasons designated as bowhunting, hunters shall only use the bows legal for the species being hunted. Bows may be used during game mammal any legal weapon seasons.

(7) For hunting seasons designated as traditional bow, hunters shall use only long or recurve bows legal for the species being hunted.

(8) Hunters shall not use any electronic device(s) attached to bow or arrow except lighted arrow nocks that have no function other than to increase visibility of the arrow and cameras that have no other function (such as range-finding) are allowed.

(9) Hunters shall not use any device secured to or supported by the bow for the purpose of maintaining the bow at full draw (persons unable to comply because of a disability may be eligible for a temporary permit from the Department).

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 30-2024, amend filed 04/24/2024, effective 04/24/2024
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 63-2020, amend filed 05/22/2020, effective 05/22/2020
DFW 9-2020, amend filed 01/28/2020, effective 01/28/2020
DFW 6-2020, amend filed 01/17/2020, effective 01/17/2020
DFW 27-2019, amend filed 03/11/2019, effective 03/11/2019
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 18-2016, f. & cert. ef. 3-21-16
DFW 58-2012, f. & cert. ef. 6-11-12
DFW 125-2009, f. & cert. ef. 10-7-09
DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07
DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 1-1999, f. & cert. ef. 1-14-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 20-1991, f. & cert. ef. 3-12-91
FWC 24-1990, f. & cert. ef. 3-21-90
FWC 63-1989, f. & cert. ef. 8-15-89
FWC 15-1989, f. & cert. ef. 3-28-89
FWC 41-1987, f. & ef. 7-6-87
FWC 11-1987, f. & ef. 3-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 34-1984, f. & ef. 7-24-84
FWC 28, f. & ef. 7-8-83
FWC 15-1983, f. & ef. 4-19-83
FWC 37-1982, f. & ef. 6-25-82
FWC 21-1982, f. & ef. 3-31-82
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 33-1978, f. & ef. 6-30-78
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-065-0725 Other Weapons

It is unlawful to hunt game mammals with a crossbow or any weapon other than those rifles, handguns, shotguns, muzzleloaders, and bows authorized.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 37-1982, f. & ef. 6-25-82
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-065-0730 Shooting Hours

It is unlawful to hunt any game mammals from one-half hour after sunset to one-half hour before sunrise.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
FWC 58-1991, f. & cert. ef. 6-24-91
FWC 123, f. & ef. 6-9-77; FWC 28-1979, f. & ef. 8-2-79; FWC 33-1980, f. & ef. 6-30-80, FWC 6-1981, f. & ef. 1-23-81; FWC 11-1981, f. & ef. 3-31-81; FWC 20-1981, f. & ef. 6-19-81; FWC 37-1982, f. & ef. 6-25-82; FWC 43-1985, f. & ef. 8-22-85

Or. Admin. R. 635-065-0735 Vehicles, Boats, Aircraft

It is unlawful:

(1) To hunt any big game from a motor-propelled vehicle. Exception: A qualified disabled hunter may obtain an Oregon Disabilities Hunting and Fishing Permit to hunt from a motor vehicle except while the vehicle is in motion or on any public road or highway. For the purpose of this regulation, "motor vehicle" includes All Terrain Vehicles (ATVs).

(2) To shoot game mammals from or with the help of any motorboat or sailboat unless the motor has been shut off and/or sail furled and movement caused by any motor or sail has stopped.

(3) To hunt within eight (8) hours of having been transported by,communicating with or receiving information on the location of game mammals from a manned aircraft.

(4) To use drones for the following purposes related to the pursuit of wildlife:

(a) Angling;

(b) Hunting;

(d) Aiding angling, hunting or trapping through the use of drones to harass, track, locate or scout wildlife; and

(e) Interfering in the acts of a person who is lawfully angling, hunting or trapping.

(f) EXCEPTIONS allowing the use of drones for the pursuit of wildlife:

(A) Subject to ORS 837.360 and 837.365, the State Department of Fish and Wildlife and the department’s agents and contractors may use of drones in carrying out the duties of the department;

(B) The use of drones in a manner otherwise prohibited under this section if the purpose

of the use is to benefit wildlife management or habitat or for the protection of property.

(g) As used in this rule, “drone” means:

(A) An unmanned flying machine;

(B) An unmanned water-based vehicle; or

(C) Any other vehicle that is able to operate in the air, in or under the water or on land, either remotely or autonomously, and without a human occupant.

(5) To shoot at pronghorn antelope from a point within 50 yards of a motor-propelled vehicle including aircraft, except for qualified disabled hunters as shown in 635-065-735(1).

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 18-2016, f. & cert. ef. 3-21-16
DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13
DFW 142-2005, f. & cert. ef. 12-16-05
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 58-1991, f. & cert. ef. 6-24-91
FWC 24-1990, f. & cert. ef. 3-21-90
FWC 63-1989, f. & cert. ef. 8-15-89
FWC 38-1988, f. & cert. ef. 6-13-88
FWC 13-1988, f. & cert. ef. 3-10-88
FWC 37-1982, f. & ef. 6-25-82
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-065-0740 Hunting Prohibited

It is unlawful:

(1) To hunt with a centerfire rifle during the deer and elk seasons and dates in the Wildlife Management Units listed in Table 1 below without a used or unused deer, elk, pronghorn, antelope, bighorn sheep, or Rocky Mountain goat tag valid for the dates and area being hunted.

(2) To hunt on any refuge closed by the state or federal government.

(3) To hunt within the corporate limits of any city or town, public park or cemetery, or on any campus or grounds of a public school, college, or university or from a public road, road right-of-way, or railroad right-of-way.

(4) Notwithstanding section (3) of this rule, controlled antlerless elk hunts are permitted within the south city limits of Seaside if the herd should become a serious problem.

(5) To hunt in any Safety Zones created and posted by the Department.

(6) To hunt protected wildlife except:

(a) By a permit or during an authorized season established by the commission.

(b) That crow, blackbirds, cowbirds, and magpies may be taken under Federal regulations for reason of depredation or health hazards as described in the Code of Federal Regulations.

(7) To pursue or assist another to pursue a cougar during an authorized cougar season unless in possession of an unused cougar tag or accompanied by the holder of an unused cougar tag which is valid for that area and time period.

(8) To engage in computer-assisted hunting (Internet hunting) or provide or operate facilities for computer-assisted hunting in Oregon. As used in this act, "computer-assisted hunting" (Internet hunting) means the use of a computer or any other device, equipment, or software to remotely control the aiming and discharge of a firearm, bow, or any other weapon to hunt any game bird, wildlife, game mammal, or other mammal, and "facilities for computer-assisted remote hunting" means real property and improvements on the property associated with hunting, including hunting blinds, offices and rooms equipped to facilitate computer-assisted remote hunting. Nothing in subsection (8) of this section prohibits the use of computer-assisted hunting by employees or agents of county, state or federal agencies while acting in their official capacities.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 24-2026, amend filed 03/31/2026, effective 03/31/2026
DFW 25-2025, amend filed 04/03/2025, effective 04/03/2025
DFW 30-2024, amend filed 04/24/2024, effective 04/24/2024
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 29-2022, amend filed 03/21/2022, effective 03/21/2022
DFW 31-2021, amend filed 03/23/2021, effective 03/23/2021
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 18-2016, f. & cert. ef. 3-21-16
DFW 1-2015, f. & cert. ef. 1-6-15
DFW 138-2013, f. & cert. ef. 12-20-13
DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13
DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 42-2007, f. & cert. ef. 6-14-07
DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07
DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 85-2003(Temp), f. & cert. ef. 8-27-03 thru 2-23-04
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 18-1996, f. 4-10-96, cert. ef. 8-1-96
FWC 4-1995, f. 1-23-95, cert. ef. 7-1-95
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 58-1991, f. & cert. ef. 6-24-91
FWC 20-1991, f. & cert. ef. 3-12-91
FWC 24-1990, f. & cert. ef. 3-21-90
FWC 63-1989, f. & cert. ef. 8-15-89
FWC 15-1989, f. & cert. ef. 3-28-89
FWC 41-1987, f. & ef. 7-6-87
FWC 37-1982, f. & ef. 6-25-82
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-065-0745 Prohibited Methods

It is unlawful:

(1) To shoot from or across a public road, road right-of-way, or railroad right-of-way, except that persons legally hunting on closed roads within department Cooperative Travel Management Areas are not violating current prohibitions on shooting from or across a public road.

(2) To hunt for or kill any wildlife for another person except as provided in ORS 498.170 for visually impaired hunters, and OAR 635-065-0090 for hunters with permanent disability permits.

(3) To hunt any game mammal with dogs, except western gray squirrel.

(4) To use an artificial light for hunting any wildlife, except raccoon, bobcat, and opossum provided the light is not cast from or attached to a motor vehicle. This includes laser sights or any other sights which project a beam to the target. This does not include battery operated sights which only light the reticle.

(5) To hunt for wildlife with any electronic device attached to, or incorporated in, the firearm or scope, except cameras that have no other function than recording images and scopes containing lighted reticles. Scopes capable of receiving information from an electronic device are also prohibited.

(6) To hunt, locate, or scout for the purpose of hunting any wildlife with infrared, including thermal, or any other “night vision” sight or equipment except trail cameras.

(7) To cast from or within 500 feet of a motor vehicle an artificial light on game mammals, predatory animals or livestock while having in possession or immediate physical presence a weapon with which the game mammals or livestock could be killed.

(8) To take any game mammals with trap or snare.

(9) To use any poisoning, immobilizing, or tranquilizing drug or chemical to hunt or kill any game mammal.

(10) To possess or use a commercial cervid attractant that contains or is derived from cervid urine.

(11) To hunt game mammals from within, or take game mammals that are within, 500 feet of the center of the mouth of any Oregon Department of Transportation wildlife crossing structure located between US Highway 20 mile posts 19 and 20, and US Highway 97 mile posts 149 and 153.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 24-2026, amend filed 03/31/2026, effective 03/31/2026
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 47-1999, f. & cert. ef. 6-16-99
DFW 1-1999, f. & cert. ef. 1-14-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 38-1995, f. & cert. ef. 5-4-95
FWC 10-1995, f. & cert. ef. 2-3-95
FWC 90-1994(Temp), f. & cert. ef. 12-8-94
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 58-1991, f. & cert. ef. 6-24-91
FWC 63-1989, f. & cert. ef. 8-15-89
FWC 15-1989, f. & cert. ef. 3-28-89
FWC 38-1988, f. & cert. ef. 6-13-88
FWC 13-1988, f. & cert. ef. 3-10-88
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 37-1982, f. & ef. 6-25-82
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-065-0750 Disguising Sex, Waste, and Sale

It is unlawful:

(1) To disguise the sex or kind of any wildlife while in the field or in transit from the field.

(2) To waste any game mammal or parts thereof, except that the meat of cougar is considered inedible and need not be salvaged. The hide of a cougar must be sealed and retained.

(3) To sell or offer for sale, barter, or exchange, any game mammals or parts thereof except deer, elk, and antelope hides, and shed or legally taken cervid antlers used for handcrafted items and cervid antlers which have been handcrafted as described in OAR 635-200-0050.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 58-1991, f. & cert. ef. 6-24-91
FWC 24-1990, f. & cert. ef. 3-21-90
FWC 63-1989, f. & cert. ef. 8-15-89
FWC 38-1988, f. & cert. ef. 6-13-88
FWC 13-1988, f. & cert. ef. 3-10-88
FWC 35-1986, f. & ef. 8-7-86
FWC 34-1984, f. & ef. 7-24-84
FWC 37-1982, f. & ef. 6-25-82
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-065-0755 Trespass

It is unlawful to hunt on the cultivated or enclosed land of another without permission. Enclosed land may be bounded by a fence, ditch, water, posted line or any other line indicating separation from surrounding territory.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 37-1982, f. & ef. 6-25-82
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-065-0760 Other Restrictions

It is unlawful:

(1) To take or hold in captivity the young of any game mammal.

(2) To hold in captivity any wildlife of this state for which a permit is required without first securing a permit.

(3) To release without a permit any wildlife brought from another state or country, or raised in captivity in this state.

(4) To resist game law enforcement officers.

(5) To refuse inspection of any license, tag or permit, and any wildlife taken, by an employee of the Department; any person authorized to enforce the wildlife laws; or a landowner or agent of the landowner on his or her land while on that property.

(6) To refuse inspection, by an employee of the Oregon Department of Fish and Wildlife, or any person authorized to enforce wildlife laws, of any gear usedfor the purpose of takingwildlife .

(7) To take or attempt to take any game mammals, game birds, migratory waterfowl or any protected wildlife species of any size or sex or amount, by any method or weapon, during any time or in any area not prescribed in these rules.

(8) To disturb, damage, remove, alter or possess any official Department signs.

(9) To sell, lend, or borrow any big game tag.

(10) It is unlawful to operate or to be transported in a motor-propelled vehicle in violation of Cooperative Travel Management Areas. "Motor-propelled vehicle" includes aircraft not landing on designated airstrips. Through cooperative agreement, motor vehicle use is limited to specific roads during the dates for the areas listed below. There are two methods of posting road access information; negative marking in which closed roads are marked by signs, gates, berms, or other similar indicators, or positive marking in which open roads are marked by round green reflectors, orange carsonite posts, or similar indicators. Unit descriptions may be found in OAR 635-080-0000 through 635-080-0077. The following closures shall be effective during the specified periods each year:

(a) North Coast Access Area: Three days prior to opening of general archery season through the close of all bull elk any legal weapon seasons. Applies to all gated, posted, and/or barrier closed roads within the Saddle Mountain, Scappoose, Trask and Wilson wildlife management units. Cooperators require: day use only (one hour prior to sunrise until one hour after sunset) on private lands, no ATV use on private and designated state lands, no vehicle may block any road or gate.

(b) Upper Tualatin-Trask: Three days prior to the opening of buck deer any legal weapon season through the close of all bull elk any legal weapon seasons. That part of the Trask Unit as follows: 60 square miles in Townships 1 and 2 North and 1 South, and Ranges 5 and 6 West;

(c) Mid-Coast: Permanent Closure. That part of the Alsea Unit as follows: Open roads in the Siuslaw NF lands south of US Hwy 20 and north of State Hwy 126 are designated on the Siuslaw NF Motor Vehicle Use Map. However; additional roads may be posted as closed as part of the Cooperative TMA or for administrative purposes.

(d) Smith Ridge: Permanent Closure. That part of the McKenzie Unit as follows: 8 square miles in Townships 13 and 14 South, Ranges 6 and 7 East;

(e) Chucksney Mountain: September 1 through November 30 annually. That part of the McKenzie Unit as follows: 6 square miles in Township 19 South, Range 5 1/2 East;

(f) Skookum Flat: Permanent Closure. That part of the McKenzie Unit as follows: 8 square miles in Townships 19 and 20 South, Range 6 East;

(g) Scott Creek: Permanent Closure. That part of the McKenzie Unit as follows: 51 square miles in Townships 14, 15, and 16 South, Ranges 6 and 7 East;

(h) Coos Bay BLM: Permanent Closure. That part of the Tioga Unit as follows: Individual posted roads on lands administered by BLM, Coos Bay District.

(i) Upper Rogue: Three days prior to the general West Cascade any legal weapon elk season through the close of the general West Cascade elk any legal weapon season. That part of the Rogue Unit as follows: High Cascades Ranger District, Rogue River National Forest;

(j) Jackson: October 15 through April 30 annually. That part of the Rogue, Dixon, and Evans Creek units as follows: 116 square miles in Townships 32, 33, 34, and 35 South, Ranges 1 and 2 West and 1 and 2 East; off-road motor vehicle travel is prohibited at all times;

(k) Pokegama: November 20 through March 31 annually. That part of the Keno Unit as follows: 97 square miles in Townships 40 and 41 South, Ranges 4, 5, and 6 East;

(l) Lower Klamath Hills: Permanent Closure. That part of the Klamath Unit as follows: 3 square miles in Township 40 South, Range 9 East;

(m) Goodlow Mountain Area Closure: December 1 through March 31 annually. That part of the Klamath Unit as follows: 17 square miles in Townships 38 and 39 South, Ranges 12 and 13 East;

(n) Sun Creek: November 1 through June 30 annually. That part of the Sprague Unit as follows: 14 square miles in Township 32 South, Ranges 6 and 7 1/2 East;

(o) Fox Butte: Three days prior to the opening of controlled buck deer any legal weapon season through the close of the controlled buck deer any legal weapon season. That part of the Paulina Unit as follows: 230 square miles in Townships 20, 21, 22, 23, and 24 South, Ranges 14, 15, and 16 East;

(p) Timbers: Permanent Closure. That part of the Paulina Unit as follows: 25 square miles in Townships 23 and 24 South, Ranges 9 and 10 East;

(q) Rager: August 20 through November 20. That part of the Ochoco Unit as follows: 352 square miles south of U.S. Highway 26 and west of the South Fork John Day River.

(r) White River Wildlife Area: December 1 through March 31 annually. That part of the White River Unit as follows: 59 square miles along the eastern edge of the Mt. Hood National Forest in the southern half of the White River Unit;

(s) Lower Deschutes: Permanent Closure. That part of the Biggs Unit as follows: 12 square miles along lower 17 miles of Deschutes River except the county access road to Kloan;

(t) Murderers Creek-Flagtail: Three days prior to the opening of the controlled archery deer and elk seasons through the close of controlled buck deer any legal weapon season and from three days prior to the first controlled Rocky Mountain bull elk any legal weapon season through the close of the second Rocky Mountain bull elk any legal weapon season. That part of the Murderers Creek Unit as follows: 185 square miles in Townships 13, 14, 15, 16, and 17 South, Ranges 26, 27, 28, and 29 East;

(u) Camp Creek: Three days prior to opening of controlled archery deer and elk season through the close of controlled buck deer any legal weapon season and from three days prior to the first controlled Rocky Mountain bull elk any legal weapon season through the close of the second Rocky Mountain bull elk any legal weapon season. That part of the Northside Unit as follows: 54 square miles in Townships 10, 11, and 12 South, Ranges 31, 32, and 33 East;

(v) Bridge Creek Wildlife Area: December 1 through April 14 annually except by permit. That part of the Ukiah Unit as follows: 20 square miles in Townships 5 and 6 south, Ranges 31 and 32 East in the Southwest corner of Ukiah Unit;

(w) Meacham: Permanent Closure. Approximately 41 square miles in Units 49, 52 and 54 in townships 1 and 2 south, township 1 north, ranges 34, 35, and 36 east;

(x) Dark Canyon: Three days prior to the opening of controlled buck deer season through the close of the last elk season. That part of the Sumpter Unit as follows: 20 square miles in Townships 11 and 12 South, Ranges 40 and 41 East;

(y) Patrick Creek: Three days prior to the opening of controlled buck deer season through the close of the last elk season and May 1 through June 30. That part of the Sumpter Unit as follows: 8 square miles in Townships 10 and 11 South, Ranges 35 1/2 and 36 East;

(z) Dry Beaver/Ladd Canyon: Permanent Closure. That part of the Starkey Unit as follows: 125 square miles in Townships 4, 5 and 6 South, Ranges 35, 36, 37 and 38 East;

(aa) Clear Creek: Three days prior to the opening of deer and elk archery season through the close of Rocky Mtn bull elk second season. That part of the Starkey Unit as follows: 21 square miles in Township 5 South, Ranges 37 and 38 East;

(bb) Trail Creek: Three days prior to the opening of Rocky Mtn bull elk first season through the close of Rocky Mtn bull elk second season. That part of the Starkey Unit as follows: 29 square miles in Townships 6 and 7 South, Ranges 35 1/2 and 36 East;

(cc) Indian Creek-Gorham Butte: Three days prior to the opening of deer and elk archery season through the close of Rocky Mtn bull elk second season. That part of the Starkey Unit as follows: 24 square miles in Townships 6 and 7 South, Ranges 36 and 37 East;

(dd) Elkhorn Wildlife Area: Permanent Closure. Those parts of the Starkey and Sumpter units as follows: 7 square miles in Township 6 South, Range 38 East;

(ee) Starkey Experimental Forest Enclosure: Permanent Closure. That part of the Starkey Unit as follows: 40 square miles in Townships 3 and 4 South, Range 34 East;

(ff) Little Catherine Creek: Permanent Closure. That part of the Catherine Creek Unit as follows: 22 square miles in Townships 3, 4 and 5 South, Ranges 40 and 41 East;

(gg) Wenaha Wildlife Area: Permanent Closure. That part of the Wenaha Unit as follows: 17 square miles in Townships 5 and 6 North, Ranges 42 and 43 East along eastern edge of Umatilla Forest in northeast corner of Wenaha Unit;

(hh) Noregaard: Permanent Closure. However, roads will be open to permit removal of camping equipment during a time period extending through two Sundays following the end of the last antlerless elk any legal weapon season. That part of the Sled Springs Unit as follows: 175 square miles in west one-third of Sled Springs Wildlife Unit;

(ii) Shamrock: Permanent Closure. However, roads will be open to permit removal of camping equipment during a time period extending through two Sundays following the end of the last antlerless elk any legal weapon season. That part of the Sled Springs Unit as follows: 20 square miles in Township 4 North, Range 44 East;

(jj) Chesnimnus: Three days prior to 1st Chesnimnus any legal weapon bull elk season through the end of the 2nd Chesnimnus any legal weapon bull elk season. That portion of the Chesnimnus Wildlife Unit within the boundaries of the Wallowa-Whitman National Forest;

(kk) Cemetery Ridge Road: Permanent Closure. That part of the Chesnimnus Unit as follows: Cemetery Ridge Road north of the south boundary of Section 4, Township 3 North, and Range 48 East;

(ll) Lord Flat Trail (#1774): Three days prior to controlled archery deer and elk season through the close of all elk any legal weapon seasons. 15 miles of road in Townships 1 South and 1 and 2 North, Ranges 49 and 50 East;

(mm) Grouse-Lick Creeks: Three days prior to the opening of Rocky Mtn bull elk 1st season through close of Rocky Mtn bull elk 2nd season. That part of the Imnaha Unit as follows: 100 square miles in Townships 2, 3, 4, and 5 South, Ranges 46, 47 and 48 East;

(nn) Clear Lake Ridge: Three days prior to opening of controlled archery deer and elk season through December 1 annually. That part of the Imnaha Unit as follows: Five square miles in Township 2 South, Range 47 East, Sections 3 and 4 and Township 1 South, Range 47 East, Sections 28, 15, 33, 34 and 22;

(oo) Mehlhorn: Permanent Closure: That part of the Pine Creek and Keating Units as follows: 26 square miles in Township 6 South, Ranges 45 and 46 East;

(pp) Lake Fork-Dutchman: Three days prior to the opening of archery season to end of all ALW seasons and from May 1 to July 1. That part of the Pine Creek Unit as follows: 42 square miles in Townships 6 and 7 South, Ranges 46 and 47 East;

(qq) Okanogan-Fish: Three days prior to the opening of buck deer any legal weapon season to end of all elk any legal weapon seasons and from May 1 to July 1. That part of the Pine Creek Unit as follows: 20 square miles in Township 6 and 7 South, Ranges 46 and 47 East;

(rr) Summit Point: Permanent Closure: That part of the Keating Unit as follows: 14 square miles in Townships 6 and 7 South, Ranges 44 and 45 East;

(ss) Eagle Creek: December 1 to April 15: That part of the Keating Unit as follows: 17 square miles in Townships 7 and 8 South, Range 44 and 45 East;

(tt) Conroy Cliff: Three days prior to the opening of controlled buck dee rany legal weapon season through the close of controlled buck deer any legal weapon season and from three days prior to the controlled Rocky Mountain bull elk first season through the Rocky Mountain bull elk second season. That part of the Malheur River Unit as follows: 46 square miles in Townships 16, 17, and 18 South, Ranges 32 1/2, 34, and 35 East;

(uu) Devine Ridge-Rattlesnake: Three days prior to the opening of controlled buck deer any legal weapon season through the close of controlled buck deer any legal weapon season and from three days prior to the first controlled Rocky Mountain bull elk any legal weapon season through the close of the second Rocky Mountain bull elk any legal weapon season. That part of the Malheur River Unit as follows: 59 square miles in Townships 20 and 21 South, Ranges 31, 32, 32 1/2 East;

(vv) Dairy Creek: Three days prior to the opening of controlled buck deer any legal weapon season through the close of controlled buck deer any legal weapon season and from three days prior to the first controlled Rocky Mountain bull elk any legal weapon season through the close of the second Rocky Mountain bull elk any legal weapon season. That part of the Silvies Unit as follows: 98 square miles in Townships 19, 20, 21, and 22 South, Ranges 24, 25, and 26 East;

(ww) Burnt Cabin: Three days prior to the opening of controlled buck deer any legal weapon season through the close of controlled buck deer any legal weapon season and from three days prior to the first controlled Rocky Mountain bull elk any legal weapon season through the close of the second Rocky Mountain bull elk any legal weapon season. That part of the Silvies Unit as follows: 22 square miles in Townships 18 and 19 South, Ranges 26 and 27 East;

(xx) Walker Rim; Three days prior to the opening of controlled buck deer any legal weapon season through the close of the controlled buck deer any legal weapon season. That part of the Fort Rock Unit as follows: 113 square miles in Townships 24, 25, and 26 South, Ranges 8, 9, and 10 East;

(yy) North Paulina: Permanent Closure. That part of the Fort Rock Unit as follows: 12 square miles in Townships 25 and 26 South; Range 8 East;

(zz) Sugarpine Mountain: Permanent Closure. That part of the Fort Rock Unit as follows: 40 square miles in Township 28, Ranges 9 and 10 East;

(aaa) Spring Butte: Permanent Closure. That part of the Paulina Unit as follows: 30 square miles in Township 23 South, Range 11 East;

(bbb) Wildhorse Ridge/Teepee Butte: Three days prior to the opening of controlled archery deer and elk season through the close of all elk any legal weapon seasons. Posted and gated roads north of 46 roads in Chesnimnus Unit are closed;

(ccc) Hells Canyon National Recreation Area: Permanent Closure. Those parts of the Chesnimnus, Imnaha, Snake River, and Pine Creek Units in Eastern Wallowa County that are closed by the National Recreation Area;

(ddd) PO Saddle Road: Three days prior to opening of controlled archery deer and elk season through June 15, annually. Three miles of road in Townships 3 and 4 South, Range 48 East;

(eee) Whiskey Creek: Permanent Closure. However, roads will be open to permit removal of camping equipment during a time period extending through two Sundays following the last antlerless elk season. That part of the Sled Springs unit as follows. 45 square miles in Townships 2 and 3 North, Ranges 43, 44, and 45 East;

(fff) South Boundary: Permanent Closure. That part of the Ochoco Unit as follows: 47 square miles in Townships 15 and 16 South, Ranges 20, 21, and 22 East;

(ggg) Green Diamond Travel Management Area: Permanent Closure. Applies to all gated, posted, or barrier-closed roads within the Rogue, Keno, Klamath Falls, Sprague, Interstate, Silver Lake, and Fort Rock Units within the land holdings of Green Diamond Resource Company;

(hhh) Prineville Reservoir Wildlife Area: From November 15 or December 1 (as posted at each gate) through April 15 annually. That part of the Ochoco and Maury Units as follows: 5 square miles in Township 16 South, Range 17 East;

(iii) Mid Coast Access Area: Year round. All gated, posted and/or barrier closed roads within Alsea, Stott Mtn. and Trask Units. Access limited to walk in only at fire level 3. No public access at fire level 4 and during active operations. Cooperators require day use only on private lands, no ATV use, no e-bikes, no vehicles may block any road or gate, no fires, no camping. Private lands closed to the public 1 hour after sunset to 1 hour before sunrise.

(jjj) East Lane TMA: Opening day of General Any Legal Weapon Buck Deer season until the close of General Any Legal Weapon Elk season. Approximately 62 square miles in the McKenzie and Indigo Units comprised of properties owned by Giustina Land and Timber and Giustina Resources. Motorized vehicle access allowed on roads posted with orange carsonite posts, except closed to all access during certain Industrial Fire Protection Levels and active operations. Day use only, open one hour before sunset to one hour after sunset. No Off Highway Vehicle (OHV) use, no camping, no vehicle may block any road or gate and no fires allowed.

(kkk) Umatilla NF: Permanent Closure: That part of the Fossil, Heppner, Ukiah, Desolation, Mt. Emily, Walla Walla, and Wenaha Units within the Umatilla National Forest. Motorized travel allowed only on open roads as designated by the Umatilla National Forest Motor Vehicle Use Map.

(lll) Bald/Angel: April 30 through December 1. That portion of the Catherine Creek and Keating Units as follows: 59 square miles in Townships 5, 6 and 7 South, Ranges 41, 42 and 43 East;

(11) In Access Areas funded by the Access and Habitat Program that are Welcome to Hunt, hunters are required to follow the area regulations printed on the map produced by the Oregon Department of Fish and Wildlife for each Access Area. Specific regulations for each Access Area can be found through the Oregon Hunting Map at: http://www.oregonhuntingmap.com/.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 24-2026, amend filed 03/31/2026, effective 03/31/2026
DFW 25-2025, amend filed 04/03/2025, effective 04/03/2025
DFW 30-2024, amend filed 04/24/2024, effective 04/24/2024
DFW 72-2023, temporary amend filed 07/27/2023, effective 07/27/2023 through 01/22/2024
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 29-2022, amend filed 03/21/2022, effective 03/21/2022
DFW 120-2021, temporary amend filed 08/17/2021, effective 08/17/2021 through 02/12/2022
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 122-2017, amend filed 09/21/2017, effective 09/21/2017
DFW 20-2017, f. & cert. ef. 3-2-17
DFW 81-2016, f. & cert. ef. 6-27-16
DFW 18-2016, f. & cert. ef. 3-21-16
DFW 69-2015, f. & cert. ef. 6-11-15
DFW 159-2014(Temp), f. 12-4-14, cert. ef. 1-1-15 thru 6-29-15
DFW 138-2013, f. & cert. ef. 12-20-13
DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13
DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 128-2006, f. 12-7-06, cert. ef. 6-1-07
DFW 133-2005, f. 12-1-05, cert. ef. 6-1-06
DFW 125-2004, f. 12-21-04, cert. ef. 6-1-05
DFW 120-2003, f. 12-4-03, cert. ef. 6-16-04
Reverted to DFW 5-2003, f. 1-17-03, cert. ef. 7-1-03
DFW 116-2003(Temp), f. & cert. ef. 11-25-03 thru 3-31-04
DFW 5-2003, f. 1-17-03, cert. ef. 7-1-03
DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 47-1999, f. & cert. ef. 6-16-99
DFW 1-1999, f. & cert. ef. 1-14-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 38-1997, f. & cert. ef. 6-17-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 18-1996, f. 4-10-96, cert. ef. 8-1-96
FWC 4-1995, f. 1-23-95, cert. ef. 7-1-95
FWC 30-1995, f. & cert. ef. 4-17-95
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 58-1991, f. & cert. ef. 6-24-91
FWC 55-1990, f. & cert. ef. 6-21-90
FWC 24-1990, f. & cert. ef. 3-21-90
FWC 63-1989, f. & cert. ef. 8-15-89
FWC 15-1989, f. & cert. ef. 3-28-89
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28, f. & ef. 7-8-83
FWC 37-1982, f. & ef. 6-25-82
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 33-1978, f. & ef. 6-30-78
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-065-0765 Tagging, Possession, Transportation and Evidence of Sex

(1) Except for subsection (14), the provisions of this rule do not apply to carcasses or parts thereof from deer or elk salvaged pursuant to a Roadkill Salvage Permit; see OAR 635-043-0175 for deer and elk salvage rules.

(2) When the owner of any game mammal tag kills a game mammal for which a paper tag is issued, the owner shall immediately validate the tag by writing on the tag, in ink, the date and time of harvest, and the Wildlife Management Unit where harvest occurred; and attach the tag in plain sight securely to the game mammal.

(a) Paper tags are not valid until signed.

(b) It is unlawful to have in possession an unsigned tag and/or reproduction/photocopied tag(s).

(3) All electronic tag holders, immediately after taking a game mammal for which the tag was issued, must validate the tag by pressing the “validate” or “tag” button on the image of the tag in the Department’s Electronic Licensing System mobile application. Once validated a confirmation number will become visible. The tag holder must then securely affix a physical record to the game mammal. That record must include: the tag owner’s name, date of birth, Oregon Department of Fish and Wildlife identification number, harvest date, and confirmation number. That record must be written legibly in permanent ink, and may be on any suitable material and attached in plain sight securely to the game mammal.

(4) The required information, or paper game mammal tag, must be maintained in legible condition at all times. The tag shall be kept attached to such carcass or remain with any parts thereof so long as the same are preserved.

(5) It is unlawful to possess the meat or carcass of any deer, elk, pronghorn antelope, bighorn sheep, or Rocky Mountain goat without evidence of sex while in the field, forest, or in transit on any of the highways or premises open to the public in Oregon, except processed or cut and wrapped meat. Hunters must choose one of two options for providing evidence of sex for deer, elk, pronghorn antelope, bighorn sheep, or Rocky Mountain goat:

(a) Option 1: The animals head or scalp from the eyes to the ears for females, and antlers or horns for males, or;

(b) Option 2: A reproductive organ (a testicle, penis, udder or vulva) attached to a major portion of meat. For White-tailed Deer and Mule Deer Only Hunts, the tail must be retained for proof of species. (c) Option 1, (4)(a), must be used for hunts with antler point restrictions.

(6) When any game mammal or part thereof is transferred to the possession of another person either an electronic record shall be recorded in the Electronic License System or a written record shall accompany such transfer and include:

(a) A description of the game mammal or part being transferred;

(b) The name, address, and ODFW ID number of the person whose tag or required information if an electronic tag was originally attached to the carcass;

(d) The date and time of harvest.

(e) The written record shall remain with such game mammal or part so long as the same is preserved or until replaced by a tag or seal of the Department.

(7) All game mammals in possession in the field or forest or in transit more than 48 hours after the close of the open season for such mammal must be tagged with a tag or metal seal by the Department or by the Oregon State Police.

(8) It is unlawful to receive or have in possession any game mammal or part thereof which:

(a) Is not properly tagged;

(b) Was taken in violation of any wildlife laws or regulations; or

(9) No person shall possess any game mammal or part thereof which has been illegally killed, found or killed for humane reasons, except lawfully obtained shed antlers, unless they have notified and received permission from the Department or personnel of the Oregon State Police prior to transporting.

(10) No person shall possess the horns of bighorn sheep or Rocky Mountain goat that were not taken legally during an authorized season. Any horns of bighorn sheep or Rocky Mountain goat obtained by the Department may be made available to scientific and educational institutions and for ceremonial purposes.

(11) Except for the following parts, importation or possession of a cervid carcass or parts of a cervid carcass from another state or country is prohibited:

(a) Meat that is cut and wrapped commercially or privately;

(b) Meat that has been boned out;

(d) Hides and/or capes with no head attached;

(e) Skull plates with antlers attached that have been cleaned of all meat and brain tissue;

(f) Entire skulls that have been processed to remove all meat and brain tissue;

(g) Antlers removed in the pedical area or naturally shed with no brain tissue attached;

(h) Upper canine teeth (buglers, whistlers, ivories);

(i) Finished taxidermy heads and European style skull mounts.

(12) The parts and carcass import ban in subsection 11 does not apply to parts or carcasses shipped to the National Fish and Wildlife Forensics Laboratory (Ashland, Oregon) for the purpose of law enforcement investigations.

(13) Cervid carcasses or parts of cervid carcasses found in Oregon in violation of the parts and carcass ban in subsection 11 shall be seized and disposed of in a manner as follows:

(a) Brain tissue, spinal columns, and whole heads or heads minus the cleaned skull plate and attached antlers, shall be disposed of either by incineration at temperatures exceeding 1800° F or at lined landfills registered by Oregon Department of Environmental Quality capable of accepting animal carcasses without environmental contamination; rendering is not an allowed means of disposal.

(b) The person(s) who imported parts in violation of the parts and carcass ban in subsection 10 shall pay for appropriate disposal of cervid carcasses or parts of cervid carcasses.

(14) The operator of a vehicle that is transporting wildlife or parts of wildlife , whether taken in Oregon or in another state, is subject to administrative inspection of the wildlife or parts of wildlife when arriving at a wildlife inspection station. The purpose of the inspection is limited to collecting biological samples and inspecting for disease in order to protect and maintain the health of wildlife in Oregon by preventing diseased wildlife and wildlife parts from entering the state.

(a) Inspection stations are identified by a sign stating “Wildlife Inspection Station” or “CWD Check Station”.

(b) This subsection does not apply to the transporting of wildlife parts that have been processed by a food establishment.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 496.716
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 496.716
DFW 24-2026, amend filed 03/31/2026, effective 03/31/2026
DFW 110-2023, amend filed 10/24/2023, effective 10/24/2023
DFW 138-2022, amend filed 09/30/2022, effective 09/30/2022
DFW 29-2022, amend filed 03/21/2022, effective 03/21/2022
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 60-2019, minor correction filed 05/13/2019, effective 05/13/2019
DFW 189-2018, amend filed 12/31/2018, effective 01/01/2019
DFW 19-2018, temporary amend filed 02/13/2018, effective 02/13/2018 through 08/11/2018
DFW 81-2016, f. & cert. ef. 6-27-16
DFW 18-2016, f. & cert. ef. 3-21-16
DFW 14-2016(Temp), f. & cert. ef. 2-25-16 thru 8-22-16
DFW 69-2015, f. & cert. ef. 6-11-15
DFW 1-2015, f. & cert. ef. 1-6-15
DFW 155-2014(Temp), f. & cert. ef. 10-28-14 thru 4-26-15
DFW 138-2013, f. & cert. ef. 12-20-13
DFW 10-2013, f. & cert. ef. 2-7-13
DFW 4-2013, f. 1-15-13, cert. ef. 2-1-13
DFW 136-2012, f. & cert. ef. 10-24-12
DFW 137-2012(Temp), f. & cert. ef. 10-24-12 thru 4-22-13
DFW 92-2012(Temp), f. & cert. ef. 7-23-12 thru 1-19-13
DFW 62-2011, f. & cert. ef. 6-3-11
DFW 83-2010, f. & cert. ef. 6-15-10
DFW 36-2010(Temp), f. & cert. ef. 3-30-10 thru 9-25-10
DFW 21-2010(Temp), f. & cert. ef. 2-26-10 thru 8-24-10
DFW 8-2010(Temp), f. & cert. ef. 1-25-10 thru 7-24-10
DFW 2-2009, f. & cert. ef. 1-9-09
DFW 135-2008, f. & cert. ef. 10-17-08
DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06
Reverted to DFW 53-2005, f. & cert. ef. 6-14-05
DFW 111-2005(Temp), f. & cert. ef. 9-23-05 thru 10-31-05
DFW 53-2005, f. & cert. ef. 6-14-05
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 61-2003, f. & cert. ef. 7-16-03
DFW 50-2003, f. & cert. ef. 6-13-03
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 127-2002(Temp), f. & cert. ef. 11-14-02 thru 2-11-03
DFW 126-2002, f. & cert. ef. 11-12-02
DFW 114-2002(Temp), f. & cert. ef. 10-18-02 thru 2-11-03
DFW 90-2002(Temp), f. & cert. ef. 8-16-02 thru 2-11-03
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 1-1999, f. & cert. ef. 1-14-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 24-1990, f. & cert. ef. 3-21-90
FWC 63-1989, f. & cert. ef. 8-15-89
FWC 43-1988, f. & ef. 8-22-85
FWC 13-1988, f. & cert. ef. 3-10-88
FWC 41-1987, f. & ef. 7-6-87
FWC 11-1987, f. & ef. 3-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 34-1984, f. & ef. 7-24-84
FWC 37-1982, f. & ef. 6-25-82
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 33-1978, f. & ef. 6-30-78
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-065-0772 Tags for Terminally Ill Children and Disabled Veterans

(1) “Disabled veteran” means a veteran who has a disability rating from the United States Department of Veterans Affairs, a veteran whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty or a veteran who was awarded the Purple Heart for wounds received in combat. ORS 408.225.

(2) "Organization" means a non-profit organization qualified under Internal Revenue Code section 501(c)(3) with the principal purpose of granting hunting and fishing adventures for children that have been diagnosed with a terminal illness by a licensed physician or; (b) providing hunting and outdoor experiences for disabled veterans.

(3) "Qualified child" means a terminally ill child sponsored by an organization who provides to the Department supporting documentation demonstrating compliance with the prerequisites provided in this rule.

(4) “Qualified veteran” means a disabled veteran who is sponsored by an organization and who provides to the Department supporting documentation demonstrating that the veteran is a disabled veteran.

(5) Annually upon approval by the Director, the Department may issue no more than 35 big game tags free of charge to organizations for use by qualified children or qualified veterans. The 35 tags will be distributed across black bear, deer, elk, and pronghorn antelope with no more than 10 tags to hunt black bear, no more than 10 tags to hunt either-sex deer, no more than 10 tags to hunt either-sex elk, and no more than five tags to hunt either-sex pronghorn antelope. Additionally, one bighorn sheep tag may be made available each year to a qualified child.

(a) From January 1-June 30 each year, 20 tags will be available to qualified veterans (six deer tags, six elk tags, five black bear tags, and three pronghorn tags) and 15 tags will be available to qualified children (four deer tags, four elk tags, two pronghorn tags, no more than five black bear tags and no more than one bighorn sheep tag.) Each organization is limited to two tags of any one species. After June 30, remaining unrequested tags, except for bighorn sheep tag, may be made available to either qualified veterans or qualified children.

(b) Each organization is limited to five tags total for all species except black bear per year.

(d) An individual tag entitles the holder to only one black bear, or one deer, or one elk, or one pronghorn antelope, or one bighorn sheep as specified on each tag.

(e) A qualified child may obtain only one tag pursuant to this rule in a calendar year.

(f) A qualified disabled veteran may obtain only one tag pursuant to this rule in their lifetime.

(g) Tags for deer, elk, bear and pronghorn issued under this rule may be used to hunt within any Oregon Wildlife Management Unit (as defined in OAR chapter 635 division 080), except specific area closures as identified in the current Oregon Big Game Regulations, Hart Mountain Antelope Refuge, or Starkey Experimental Forest enclosure.

(h) Tags for bighorn sheep issued under this rule may be used to hunt only in a specified geographic area which is outside of any other authorized bighorn sheep hunt area or opportunity and where there are issues of access or location that are not compatible with normal season and tag opportunity.

(i) A member or representative of the organization must accompany the tag holder during the hunt.

(j) Board members and employees of the organizations are not eligible for tags pursuant to this rule.

(6) A qualified child must be between 12 and 21 years of age at the time of the hunt.

(7) A qualified child under the age of 18 must hunt in the company of an adult 21 years of age or older.

(8) A qualified child or qualified veteran may be either resident or non-resident and must comply with all requirements concerning:

(a) Minimum hunting age (ORS 497.350);

(b) Hunter education (ORS 497.360);

(d) Holding a valid Oregon hunting license, and

(e) Using legal weapon for hunting the species for which the tag is issued.

(9) For tags issued under this rule, open seasons are as follows:

(a) For deer, elk, and pronghorn antelope: August 1 through November 30 of the year the tag is issued.

(b) For spring black bear: April 1 through May 31 of the year the tag is issued.

(d) For bighorn sheep: August 1 through November 30 of the year the tag is issued.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, SB 1517 (2018), Or Laws 2018, ch 100, § 1-4 & 497.116
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, Or Laws 2018, ch 100, § 1-4 & 497.116
DFW 186-2021, amend filed 12/30/2021, effective 01/01/2022
DFW 181-2018, amend filed 12/13/2018, effective 12/13/2018
DFW 72-2018, temporary amend filed 06/20/2018, effective 06/20/2018 through 12/16/2018
DFW 63-2014, f. & cert. ef. 6-10-14
DFW 24-2014(Temp), f. & cert. ef. 3-13-14 thru 6-15-14
DFW 80-2006, f. & cert. ef. 8-11-06

Division 66 BLACK BEAR REGULATIONS

Or. Admin. R. 635-066-0000 Purpose and General Information

(1) The purpose of these rules is to establish season dates, bag limits, areas, methods, and other restrictions for hunting black bear pursuant to ORS Chapter 496.

(2) OAR chapter 635, division 066 incorporates, by reference, the requirement and tag numbers for controlled hunts for black bear hunting set out in the document entitled "2026 Oregon Big Game Regulations,” into Oregon Administrative Rules. Therefore, persons must consult the "2026 Oregon Big Game Regulations” in addition to OAR chapter 635, to determine all applicable requirements for the hunting of black bear. The annual Oregon Big Game Regulations are available at authorized license agents and regional, district and headquarters offices and website of the Oregon Department of Fish and Wildlife

(3) Additional regulation information is available on the Oregon Department of Fish and Wildlife website at www.odfw.com.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 107-2025, amend filed 11/25/2025, effective 12/01/2025
DFW 106-2024, amend filed 12/09/2024, effective 12/09/2024
DFW 117-2023, amend filed 12/21/2023, effective 12/22/2023
DFW 160-2022, amend filed 12/29/2022, effective 12/29/2022
DFW 183-2021, amend filed 12/30/2021, effective 12/30/2021
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 105-2017(Temp), f. & cert. ef. 8-7-17 thru 12-31-17
DFW 20-2017, f. & cert. ef. 3-2-17
DFW 18-2016, f. & cert. ef. 3-21-16
DFW 1-2015, f. & cert. ef. 1-6-15
DFW 138-2013, f. & cert. ef. 12-20-13
DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13
DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07
DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 64-1989, f. & cert. ef. 8-15-89

Or. Admin. R. 635-066-0001 General Bear Season

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 13-1996, f. 3-26-96, cert. ef. 4-1-96
FWC 10-1995, f. & cert. ef. 2-3-95
FWC 5-1995, f. & cert. ef. 1-23-95
FWC 83-1993, f. & cert. ef. 12-28-93
FWC 128-1992, f. & cert. ef. 12-9-92
FWC 59-1991, f. & cert. ef. 6-24-91
FWC 56-1990, f. & cert. ef. 6-21-90
FWC 64-1989, f. & cert. ef. 8-15-89
FWC 8-1988, f. & cert. ef. 2-24-88
FWC 11-1987, f. & ef. 3-6-87
FWC 7-1986, f. & ef. 2-19-86
FWC 14-1985, f. & ef. 3-11-85
FWC 5-1984, f. & ef. 2-29-84
FWC 28-1983, f. & ef. 7-8-83
FWC 6-1983, f. & ef. 2-3-83
FWC 66-1982(Temp), f. & ef. 9-24-82
FWC 37-1982, f. & ef. 6-25-82, Renumbered from 635-065-0400
FWC 10-1981, f. & ef. 2-10-82
FWC 9-1982, f. & ef. 1-29-82
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 8-1980, f. & ef. 2-27-80
FWC 28-1979, f. & ef. 8-2-79
FWC 4-1979, f. & ef. 2-6-79
FWC 17-1979, f. & ef. 3-24-78
FWC 9-1978, f. & ef. 3-7-78
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-066-0002 Controlled Black Bear Hunts

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 13-1996, f. 3-26-96, cert. ef. 4-1-96
FWC 10-1995, f. & cert. ef.2-3-95
FWC 5-1995, f. & cert. ef. 1-23-95
FWC 83-1993, f. & cert. ef. 12-28-93
FWC 128-1992, f. & cert. ef. 12-9-92
FWC 8-1991, f. & cert. ef. 1-29-91
FWC 13-1990, f. & cert. ef. 2-2-90
FWC 64-1989, f. & cert. ef. 8-15-89
FWC 3-1989, f. & cert. ef. 1-31-89
FWC 8-1988, f. & cert. ef. 2-24-88
FWC 11-1987, f. & ef. 3-6-87
FWC 7-1986, f. & ef. 2-19-86
FWC 14-1985, f. & ef. 3-11-85
FWC 5-1984, f. & ef. 2-29-84

Or. Admin. R. 635-066-0010 General Season Regulations

(1) Open Area: The entire state is open, except that lands within one mile of the Rogue River between Grave Creek and Lobster Creek are closed to all black bear hunting.

(2) No person shall use dogs to hunt or pursue black bear.

(3) No person shall use bait to attract or hunt black bear.

(4) The skull of any bear taken must be presented to an ODFW office or designated collection site. The person who took the animal is responsible to have it presented, within 10 days of the kill, to be checked and marked. Skull must be unfrozen when presented for check-in. Check-in at ODFW offices must occur during normal business hours (8-5, Mon-Fri.). Hunters are required to check in the skull only, for the purpose of inspection, tagging and removal of a tooth for aging.

(5) When the bear skull is presented at check-in information that must be provided includes:

(a) Sex of animal, date of harvest and location of harvest including Wildlife Management Unit, and

(b) Complete hunter information including the issued date and time of a paper tag or the confirmation number of an electronic tag; a completed “Wildlife Transfer Record Form” as found in the current year’s Oregon Big Game Regulations is an alternative for providing the required information.

History

Statutory/Other Authority: 496.138, 496.146, 496.162 & ORS 496.012
Statutes/Other Implemented: 496.138, 496.146, 496.162 & ORS 496.012
DFW 160-2022, amend filed 12/29/2022, effective 12/29/2022
DFW 148-2021, temporary amend filed 09/20/2021, effective 09/20/2021 through 03/18/2022
DFW 29-2021, temporary amend filed 03/22/2021, effective 03/22/2021 through 09/17/2021
DFW 126-2020, temporary amend filed 09/21/2020, effective 09/21/2020 through 03/19/2021
DFW 30-2020, temporary amend filed 03/20/2020, effective 03/23/2020 through 09/18/2020
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 122-2017, amend filed 09/21/2017, effective 09/21/2017
DFW 105-2017(Temp), f. & cert. ef. 8-7-17 thru 12-31-17
DFW 20-2017, f. & cert. ef. 3-2-17
DFW 18-2016, f. & cert. ef. 3-21-16
DFW 81-2016, f. & cert. ef. 6-27-16
DFW 138-2013, f. & cert. ef. 12-20-13
DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13
DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 47-1999, f. & cert. ef. 6-16-99
DFW 1-1999, f. & cert. ef. 1-14-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 38-1997, f. & cert. ef. 6-17-97
FWC 9-1997, f. & cert. ef. 2-27-97

Or. Admin. R. 635-066-0020 Controlled Seasons

(1) Controlled hunt tags shall be issued by a controlled hunt drawing following the procedures established in OAR chapter 635, division 060. Controlled hunt tag numbers for 2026 are listed in the "2026 Oregon Big Game Regulations" and are adopted and incorporated into OAR chapter 635, division 066 by reference.

(2) Persons receiving a controlled black bear tag may also purchase a general season black bear tag and one Oregon Additional Bear Tag.

(3) No person shall use dogs to hunt or pursue black bear.

(4) No person shall use bait to attract or hunt black bear.

(5) The skull of any bear taken must be presented to an ODFW office or designated collection site. The person who took the animal is responsible to have it presented, within 10 days of the kill, to be checked and marked. Skull must be unfrozen when presented for check-in. Check-in at ODFW offices must occur during normal business hours (8–5, Mon–Fri.). Hunters are required to check in the skull only for the purpose of inspection, tagging and removal of a tooth for aging.

(6) When the bear skull is presented at check-in information that must be provided includes: 1) date of harvest and location of harvest including Wildlife Management Unit, and 2) complete hunter information including the issued date and time of a paper tag or the confirmation of an electronic tag; a completed “Wildlife Transfer Record Form” as found in the current year’s Oregon Big Game Regulations is an alternative for providing the required information.

(7) All land within one mile of the Rogue River between Grave Creek and Lobster Creek is closed to bear hunting.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 107-2025, amend filed 11/25/2025, effective 12/01/2025
DFW 106-2024, amend filed 12/09/2024, effective 12/09/2024
DFW 117-2023, amend filed 12/21/2023, effective 12/22/2023
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 20-2017, f. & cert. ef. 3-2-17
FWC 9-1997, f. & cert. ef. 2-27-97; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 2-2003, f. & cert. ef. 1-17-03; DFW 118-2007, f. 10-31-07, c ert. ef. 1-1-08; DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09; DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13

Division 67 PRONGHORN ANTELOPE, COUGAR, ROCKY MOUNTAIN GOAT, BIGHORN SHEEP REGULATIONS

Or. Admin. R. 635-067-0000 Temporary rule language in effect until 12/01/2026. Purpose and General Information

(1) The purpose of these rules is to establish season dates, bag limits, areas, methods, and other restrictions for hunting pronghorn antelope, cougar, bighorn sheep, and Rocky Mountain goat pursuant to ORS Chapter 496.

(2) OAR chapter 635, division 067 incorporates, by reference, the requirements and tag numbers for controlled hunts for hunting pronghorn antelope, cougar, bighorn sheep, and Rocky Mountain goat set out in the document entitled “2026 Oregon Big Game Regulations,” into Oregon Administrative Rules. Therefore, persons must consult the “2026 Oregon Big Game Regulations” in addition to OAR chapter 635, to determine all applicable requirements for hunting pronghorn antelope, cougar, bighorn sheep, and Rocky Mountain goat. The annual Oregon Big Game Regulations are available at authorized license agents and regional, district and headquarters offices and website of the Oregon Department of Fish and Wildlife.

(3) Additional regulation information is available on the Oregon Department of Fish and Wildlife website at www.odfw.com.

(4) Controlled hunt tags shall be issued by a controlled hunt drawing following the procedures established in OAR chapter 635, division 060. Permitted weapons and ammunition are established in OAR chapter 635, division 065. Controlled hunt tag numbers for 2026 are listed in the "2026 Oregon Big Game Regulations" and are adopted and incorporated into OAR chapter 635, division 067 by reference.

(5) Notwithstanding the provisions of the 2026 Oregon Big Game Hunting Regulations, Rocky Mountain goat hunt season dates for the controlled hunts listed on page 64 are changed as follows in Table 1 (see attached table).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 497.112
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 497.112
DFW 96-2026, temporary amend filed 09/11/2026, effective 09/11/2026 through 12/01/2026
DFW 4-2026, temporary amend filed 01/12/2026, effective 01/12/2026 through 07/10/2026
DFW 107-2025, amend filed 11/25/2025, effective 12/01/2025
DFW 106-2024, amend filed 12/09/2024, effective 12/09/2024
DFW 98-2024, temporary amend filed 10/17/2024, effective 10/17/2024 through 11/30/2024
DFW 67-2024, temporary amend filed 08/13/2024, effective 08/13/2024 through 08/25/2024
DFW 30-2024, amend filed 04/24/2024, effective 04/24/2024
DFW 33-2023, temporary amend filed 04/17/2023, effective 04/17/2023 through 09/22/2023
DFW 4-2023, amend filed 01/24/2023, effective 01/24/2023
DFW 160-2022, amend filed 12/29/2022, effective 12/29/2022
DFW 146-2022, temporary amend filed 11/04/2022, effective 11/04/2022 through 12/31/2022
DFW 122-2022, temporary amend filed 09/09/2022, effective 09/09/2022 through 12/31/2022
DFW 103-2022, temporary amend filed 07/29/2022, effective 07/29/2022 through 12/31/2022
DFW 183-2021, amend filed 12/30/2021, effective 12/30/2021
DFW 156-2020, temporary amend filed 12/22/2020, effective 12/22/2020 through 06/19/2021
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 43-2020, temporary amend filed 04/13/2020, effective 06/01/2020 through 11/27/2020
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 60-2017(Temp), f. & cert. ef. 5-16-17 thru 11-10-17
FWC 65-1989, f. & cert. ef. 8-15-89; FWC 35-1996, f. & cert. ef. 6-7-96; FWC 9-1997, f. & cert. ef. 2-27-97; FWC 38-1997, f. & cert. ef. 6-17-97; FWC 71-1997, f. & cert. ef. 12-29-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 30-2000, f. & cert. ef. 6-14-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 47-2001, f. & cert. ef. 6-13-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 59-2002, f. & cert. ef. 6-11-02; DFW 2-2003, f. & cert. ef. 1-17-03; DFW 50-2003, f. & cert. ef. 6-13-03; DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 53-2004, f. & cert. ef. 6-16-04; DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05; DFW 53-2005, f. & cert. ef. 6-14-05; DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06; DFW 41-2006, f. & cert. ef. 6-14-06; DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07; DFW 42-2007, f. & cert. ef. 6-14-07; DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08; DFW 60-2008, f. & cert. 6-12-08; DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09; DFW 66-2009, f. & cert. ef. 6-10-09; DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10; DFW 83-2010, f. & cert. ef. 6-15-10; DFW 85-2010(Temp), f. & cert. ef. 6-21-10 thru 12-17-10; DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11; DFW 62-2011, f. & cert. ef. 6-3-11; DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12; DFW 58-2012, f. & cert. ef. 6-11-12; DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13; DFW 53-2013, f. & cert. ef. 6-10-13; DFW 138-2013, f. & cert. ef. 12-20-13; DFW 63-2014, f. & cert. ef. 6-10-14; DFW 1-2015, f. & cert. ef. 1-6-15; DFW 69-2015, f. & cert. ef. 6-11-15; DFW 18-2016, f. & cert. ef. 3-21-16; DFW 81-2016, f. & cert. ef. 6-27-16; DFW 20-2017, f. & cert. ef. 3-2-17

Or. Admin. R. 635-067-0001 General Information

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 65-1989, f. & cert. ef. 8-15-89
FWC 11-1987, f. & ef. 3-6-87
FWC 29-1986, f. & ef. 7-23-86
FWC 21-1985, f. & ef. 5-7-85
FWC 16-1984, f. 4-6-84, ef. 4-15-84
FWC 15-1983, f. & ef. 4-19-83
FWC 21-1982, f. & ef. 3-31-82

Or. Admin. R. 635-067-0004 Cougar Hunting Regulations

(1) Tag Requirement: Any person hunting cougar shall have on their person a general season cougar tag or an additional cougar tag. General season cougar tags may be purchased online or through any authorized license agent;

(2) Hunt Area: Hunt zones, and harvest quotas for each hunt zone, are established in OAR 635-067-0015;

(a) Hunters may hunt within all hunt zones;

(b) Hunt zones will be closed to hunting when individual zone harvest quotas are reached.

(3) Any person who takes a cougar is responsible to present for check-in the hide, with skull and proof of sex attached, to the Department within ten days of the date the cougar was taken.

(a) Check-in must occur during normal business hours (8 a.m. to 5 p.m., Monday through Friday) at an ODFW office or designated collection site. Hide and skull must be unfrozen when presented for check-in.

(b) Hunters are also required to submit the reproductive tract of any female cougar taken.

(c) When the required parts in (3) and (3)(b) are presented at check-in information that must be provided includes: 1) date of harvest and location of harvest including Wildlife Management Unit, and 2) complete hunter information including the issued date and time of a paper tag or the confirmation number of an electronic tag. A completed “Wildlife Transfer Record Form” as found in the current year’s Oregon Big Game Regulations is an alternative for providing the required information.

(4) No person shall hunt or assist another to hunt a cougar during an authorized cougar season unless in possession of an unused cougar tag or accompanied by the holder of a cougar tag which is valid for that area and time period.

(5) No person shall use dogs to hunt or pursue cougar.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 160-2022, amend filed 12/29/2022, effective 12/29/2022
DFW 29-2022, amend filed 03/21/2022, effective 03/21/2022
DFW 148-2021, temporary amend filed 09/20/2021, effective 09/20/2021 through 03/18/2022
DFW 29-2021, temporary amend filed 03/22/2021, effective 03/22/2021 through 09/17/2021
DFW 126-2020, temporary amend filed 09/21/2020, effective 09/21/2020 through 03/19/2021
DFW 30-2020, temporary amend filed 03/20/2020, effective 03/23/2020 through 09/18/2020
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13
DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12
DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09
DFW 42-2007, f. & cert. ef. 6-14-07
DFW 41-2006, f. & cert. ef. 6-14-06
DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06
DFW 53-2005, f. & cert. ef. 6-14-05
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 30-2000, f. & cert. ef. 6-14-00
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 1-1999, f. & cert. ef. 1-14-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 38-1997, f. & cert. ef. 6-17-97
FWC 9-1997, f. & cert. ef. 2-27-97

Or. Admin. R. 635-067-0015 General Cougar Season Zone Harvest Quotas

(1) Hunt Zone: A — Hunt Name: Coast/North Cascades:

(a) Harvest Quota: 180;

(b) Hunt Area: All of Wildlife Units: 10, 11, 12, 14, 15, 16, 17, 18, 20, 24, 25, 26, 27, 39, 41, and 42.

(2) Hunt Zone: B — Hunt Name: Southwest Cascades:

(a) Harvest Quota: 200;

(b) Hunt Area: All of Wildlife Units: 19, 21, 22, 23, 28, 29, 30, and 31.

(3) Hunt Zone: C — Hunt Name: Southeast Cascades:

(a) Harvest Quota: 80;

(b) Hunt Area: All of Wildlife Units: 32, 33, 34, 35, 75, 76, and 77.

(4) Hunt Zone: D — Hunt Name: Columbia Basin:

(a) Harvest Quota: 100;

(b) Hunt Area: All of Wildlife Units: 38, 40, 43, 44, and 45.

(5) Hunt Zone: E — Hunt Name: Blue Mountains:

(a) Harvest Quota: 270;

(b) Hunt Area: All of Wildlife Units: 37, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, and 64.

(6) Hunt Zone: F — Hunt Name: Southeast Oregon:

(a) Harvest Quota: 140.

(b) Hunt Area: All of Wildlife Units: 36, 65, 66, 67, 68, 69, 70, 71, 72, 73, and 74.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 1-2015, f. & cert. ef. 1-6-15
DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07
DFW 41-2006, f. & cert. ef. 6-14-06
DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
DFW 30-2000, f. & cert. ef. 6-14-00
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 47-1999, f. & cert. ef. 6-16-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 38-1997, f. & cert. ef. 6-17-97
FWC 54-1995, f. & cert. ef. 6-20-95
FWC 10-1995, f. & cert. ef. 2-3-95
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 90-1994(Temp), f. & cert. ef. 12-8-94
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 46-1993, f. & cert. ef. 8-4-93
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 45-1992, f. & cert. ef. 7-15-92
FWC 60-1991, f. & cert. ef. 6-24-91
FWC 57-1990, f. & cert. ef. 6-21-90
FWC 65-1989, f. & cert. ef. 8-15-89
FWC 14-1988, f. & cert. ef. 3-10-88
FWC 11-1987, f. & ef. 3-6-87
FWC 29-1986, f. & ef. 7-23-86
FWC 21-1985, f. & ef. 5-7-85
FWC 16-1984, f. 4-6-84, ef. 4-15-84
FWC 15-1983, f. & ef. 4-19-83
FWC 21-1982, f. & ef. 3-31-82, Renumbered from 635-060-0700
FWC 22-1981, f. & ef. 6-29-81
FWC 10-1981, f. & ef. 3-31-81
FWC 19-1980, f. & ef. 4-18-80
FWC 14-1980, f. & ef. 4-8-80
FWC 29-1979, f. & ef. 8-2-79
FWC 12-1979, f. & ef. 3-28-79
FWC 32-1978, f. & ef. 6-30-78
FWC 118, f. & ef. 6-3-77

Or. Admin. R. 635-067-0020 Controlled Pronghorn Antelope Rifle Hunts

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 54-1995, f. & cert. ef. 6-20-95
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
Reverted to FWC 40-1994, f. & cert. ef. 6-28-94
FWC 50-1994(Temp), f. & cert. ef. 8-17-94
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 46-1993, f. & cert. ef. 8-4-93
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 45-1992, f. & cert. ef. 7-15-92
FWC 60-1991, f. & cert. ef. 6-24-91
FWC 21-1991, f. & cert. ef. 3-12-91
FWC 45-1990, f. & cert. ef. 5-25-90
FWC 25-1990, f. & cert. ef. 3-21-90
FWC 121-1989(Temp), f. & cert. ef. 12-12-89
FWC 65-1989, f. & cert. ef. 8-15-89
FWC 16-1989, f. & cert. ef. 3-28-89
FWC 14-1988, f. & cert. ef. 3-10-88
FWC 11-1987, f. & ef. 3-6-87
FWC 29-1986, f. & ef. 7-23-86
FWC 21-1985, f. & ef. 5-7-85
FWC 16-1984, f. 4-6-84, ef. 4-15-84
FWC 15-1983, f. & ef. 4-19-83
FWC 21-1982, f. & ef. 3-31-82, Renumbered from 635-060-0650
FWC 22-1981, f. & ef. 6-29-81
FWC 10-1981, f. & ef. 3-31-81
FWC 14-1980, f. & ef. 4-8-80
FWC 29-1979, f. & ef. 8-2-79
FWC 12-1979, f. & ef. 3-28-79
FWC 32-1978, f. & ef. 6-30-78
FWC 118, f. & ef. 6-3-77

Or. Admin. R. 635-067-0023 Controlled Pronghorn Antelope Youth Rifle Hunts

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
Reverted to DFW 49-1998, f. & cert. ef. 6-22-98
DFW 77-2001(Temp), f. & cert. ef. 8-17-01 thru 1-1-02
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 54-1995, f. & cert. ef. 6-20-95
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95

Or. Admin. R. 635-067-0024 Controlled Pronghorn Antelope Youth Rifle Hunt Application

Hunters must be 12 to 17 years of age at the time they hunt. Youth 13 years of age and under must be accompanied by an adult 21 years of age or older while hunting on property other than land owned by their parent or legal guardian. The adult shall accompany not more than two juveniles. Juveniles must have a hunter education certificate or a Department document which includes their Hunter Education Certificate Number, a valid hunting license, and a controlled hunttag or permit valid for that area and time period in possession while hunting.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 9-1997, f. & cert. ef. 2-27-97

Or. Admin. R. 635-067-0025 Controlled Pronghorn Antelope Bow Hunts

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 54-1995, f. & cert. ef. 6-20-95
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
Reverted to FWC 40-1994, f. & cert. ef. 6-28-94
FWC 59-1994(Temp), f. & cert. ef. 9-2-94
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 46-1993, f. & cert. ef. 8-4-93
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 45-1992, f. & cert. ef. 7-15-92
FWC 21-1991, f. & cert. ef. 3-12-91
FWC 25-1990, f. & cert. ef. 3-21-90
FWC 65-1989, f. & cert. ef. 8-15-89
FWC 16-1989, f. & cert. ef. 3-28-89
FWC 14-1988, f. & cert. ef. 3-10-88
FWC 11-1987, f. & ef. 3-6-87
FWC 29-1986, f. & ef. 7-23-86
FWC 21-1985, f. & ef. 5-7-85
FWC 16-1984, f. 4-6-84, ef. 4-15-84
FWC 15-1983, f. & ef. 4-19-83
FWC 21-1982, f. & ef. 3-31-82, Renumbered from 635-060-0765
FWC 22-1981, f. & ef. 6-29-81
FWC 10-1981, f. & ef. 3-31-81
FWC 14-1980, f. & ef. 4-8-80
FWC 29-1979, f. & ef. 8-2-79
FWC 12-1979, f. & ef. 3-28-79
FWC 32-1978, f. & ef. 6-30-78

Or. Admin. R. 635-067-0027 Controlled Pronghorn Antelope Muzzleloader Hunts

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
Reverted to DFW 49-1998, f. & cert. ef. 6-22-98
DFW 160-2015(Temp), f. & cert. ef. 12-1-15 thru 4-15-16
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 54-1995, f. & cert. ef. 6-20-95
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 45-1992, f. & cert. ef. 7-15-92
FWC 21-1991, f. & cert. ef. 3-12-91
FWC 25-1990, f. & cert. ef. 3-21-90
FWC 65-1989, f. & cert. ef. 8-15-89
FWC 16-1989, f. & cert. ef. 3-28-89
FWC 14-1988, f. & cert. ef. 3-10-88
FWC 11-1987, f. & ef. 3-6-87
FWC 29-1986, f. & ef. 7-23-86
FWC 21-1985, f. & ef. 5-7-85
FWC 16-1984, f. 4-6-84, ef. 4-15-84

Or. Admin. R. 635-067-0028 Pronghorn Antelope Auction Tag

(1) One pronghorn antelope tag will be auctioned to the highest bidder annually in the manner and at such time as provided by the Department. The Department may contract with a sports group or organization to conduct the auction.

(2) The pronghorn antelope auction tag and auction shall be limited as follows:

(a) Bag Limit: One buck pronghorn antelope.

(b) Hunting Hours: One-half hour before sunrise to one-half hour after sunset.

(d) Open Area: Any area where pronghorn antelope hunts and tags have been authorized for the current year.

(e) Auction Requirements:

(A) The minimum acceptable bid for a pronghorn antelope auction tag shall be $10,000.00. The bid price includes the hunting license and tag fee. A valid pronghorn antelope tag will be provided to the winning bidder and a valid hunting license will be provided if the winning bidder has not already purchased one, so long as the winner is eligible to purchase an adult Oregon hunting license or a juvenile Oregon hunting license.

(B) Any person, resident or nonresident, is eligible to bid.

(C) If the highest bid is submitted by a person other than the person who is to receive the tag, the Department shall be notified within five business days of the name, address, and phone number of the individual who is to receive the license and tag and his or her position or affiliation with the corporation or organization.

(D) Acceptance of the highest bid shall be conditional until the full amount of the bid is paid. Payment shall be made to the Oregon Department of Fish and Wildlife by cashier's check or certified check within 60 days of the date of the auction, whether conducted by the Department or by a sports group or organization authorized by the Department to conduct the auction.

(E) If the full amount is not paid as provided in OAR 635-067-0032(2)(d)(D), the Department may, at its discretion, reject the bid and offer the tag to the next highest bidder. If the Department offers the tag to the next highest bidder, such next highest bidder must make payment to the Oregon Department of Fish and Wildlife by cashier's check or certified check within 30 days of notification of his or her opportunity to obtain the tag.

(F) The Department shall reserve the right to accept or reject any or all bids.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04

Or. Admin. R. 635-067-0029 Controlled Pronghorn Antelope Raffle Tag

(1) One pronghorn antelope tag will be raffled annually to an individual selected at a public drawing. The Department may contract with a sportsmen's group or organization to conduct the raffle.

(2) The pronghorn antelope raffle tag shall be limited as follows:

(a) Bag Limit: One buck pronghorn antelope.

(b) Hunting Hours: One-half hour before sunrise to one-half hour after sunset.

(d) Open Area: Any area where pronghorn antelope hunts and tags have been authorized for the current year.

(3) Raffle Requirements:

(a) There is no limit on the number of chances in the drawing a person may purchase.

(A) One chance package at a cost of $9.50 (plus a $2.00 license agent fee).

(B) Six chance package at a cost of $49.50 (plus a $2.00 license agent fee).

(b) Raffle chances will be available to the public during the dates specified in the current Big Game Regulations through the authorized license agents in the state or online. Chances may be sold by Department representatives at various gatherings of sportmen's groups.

(d) There shall be no refunds on any purchases of raffle chances.

(e) One winner and two alternate winners will be drawn at a public drawing; time and location to be announced by the Department.

(f) The Department will notify the winner. If the winner does not claim the tag by 5 p.m., July 1, the winner shall be disqualified and the Department will attempt to notify the first alternate. If the first alternate does not claim the tag within 10 business days of July 1, the first alternate shall be disqualified and the Department will attempt to notify the second alternate. If the second alternate does not claim the tag by 5 p.m., July 31, it will not be issued. Notification attempts will be made by phone, email or postal mail, in that order.

(g) License and Tag Requirements: A valid pronghorn antelope tag will be provided to the winner of the raffle and a valid hunting license will be provided if the winner has not already purchased one, so long as the winner is eligible to purchase an adult Oregon hunting license or a juvenile Oregon hunting license.

(h) The pronghorn antelope tag shall be issued in the name of the person who purchased the winning chance provided that person meets all criteria outlined above. The tag may not be sold, assigned, or otherwise transferred.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 160-2022, amend filed 12/29/2022, effective 12/29/2022
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05; DFW 130-2006(Temp), f. & cert. ef. 12-15-06 thru 6-13-06; Administrative Correction, 6-16-07; DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10

Or. Admin. R. 635-067-0030 Controlled Bighorn Sheep Hunts

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 123-2020, temporary amend filed 09/18/2020, effective 09/18/2020 through 10/02/2020
DFW 18-2016, f. & cert. ef. 3-21-16
DFW 69-2015, f. & cert. ef. 6-11-15
Reverted to DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12
DFW 119-2014(Temp), f. 8-8-14, cert. ef. 8-28-14 thru 10-31-14
Reverted to DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12
DFW 116-2012(Temp), f. & cert. ef. 9-4-12 thru 3-2-13
DFW 108-2012(Temp), f. & cert. ef. 8-16-12 thru 11-1-12
DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12
Reverted to DFW 81-2011, f. 6-29-11, cert. ef. 8-20-11
DFW 81-2011, f. 6-29-11, cert. ef. 8-20-11
DFW 116-2011(Temp), f. & cert. ef. 8-19-11 thru 10-1-11
DFW 115-2011(Temp), f. & cert. ef. 8-16-11 thru 2-11-12
Reverted to FWC 9-1997, f. & cert. ef. 2-27-97
DFW 109-2009(Temp), f. & cert. ef. 9-9-09 thru 9-30-09
Reverted to FWC 9-1997, f. & cert. ef. 2-27-97
DFW 99-2006(Temp), f. & cert. ef. 9-11-06 thru 9-30-06
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 54-1995, f. & cert. ef. 6-20-95
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 46-1993, f. & cert. ef. 8-4-93
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 61-1992, f. & cert. ef. 7-30-92
FWC 45-1992, f. & cert. ef. 7-15-92
FWC 21-1991, f. & cert. ef. 3-12-91
FWC 25-1990, f. & cert. ef. 3-21-90
FWC 65-1989, f. & cert. ef. 8-15-89
FWC 16-1989, f. & cert. ef. 3-28-89
FWC 14-1988, f. & cert. ef. 3-10-88
FWC 11-1987, f. & ef. 3-6-87
FWC 29-1986, f. & ef. 7-23-86
FWC 21-1985, f. & ef. 5-7-85
FWC 16-1984, f. 4-6-84, ef. 4-15-84
FWC 15-1983, f. & ef. 4-19-83
FWC 21-1982, f. & ef. 3-31-82, Renumbered from 635-060-0610
FWC 22-1981, f. & ef. 6-29-81
FWC 10-1981, f. & ef. 3-31-81
FWC 14-1980, f. & ef. 4-8-80
FWC 29-1979, f. & ef. 8-2-79
FWC 12-1979, f. & ef. 3-28-79
FWC 32-1978, f. & ef. 6-30-78

Or. Admin. R. 635-067-0031 Controlled Bighorn Sheep Hunt Regulations

Mandatory reporting requirements - Bighorn sheep rams taken by hunters shall have one horn permanently marked with an identification pin by department personnel. All hunters are required to arrange check out through the local ODFW District office within three business days of completion of their hunt and schedule having one horn pinned if successful in harvesting a bighorn.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
Reverted to DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 94-2003(Temp), f. & cert. ef. 9-12-03 thru 12-31-03
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 47-1999, f. & cert. ef. 6-16-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 38-1997, f. & cert. ef. 6-17-97
FWC 9-1997, f. & cert. ef. 2-27-97

Or. Admin. R. 635-067-0032 Bighorn Sheep Auction Tag

(1) One bighorn sheep tag will be auctioned to the highest bidder annually in the manner and at such time as provided by the Department. The Department may contract with a sportsmen's group or organization to conduct the auction.

(2) The bighorn sheep auction tag and auction shall be limited as follows:

(a) Bag Limit: One bighorn sheep ram.

(b) Hunting Hours: One-half hour before sunrise to one-half hour after sunset.

(d) Open Area: Any 500 series controlled bighorn sheep hunt area described in the current Oregon Big Game Regulations where controlled tags are authorized for the current year. The remainder of the state is closed to bighorn sheep hunting.

(e) Auction Requirements:

(A) The minimum acceptable bid for a bighorn sheep auction tag shall be $25,000. The bid price includes the hunting license and tag fee. A valid bighorn sheep tag will be provided to the winning bidder in the auction and a valid hunting license will be provided if the winning bidder has not already purchased one, so long as the winning bidder is eligible to purchase an adult Oregon hunting license or a juvenile Oregon hunting license.

(B) Any person, resident or nonresident, is eligible to bid.

(D) Acceptance of the highest bid shall be conditional until the full amount of the bid is paid. Payment shall be made to the Oregon Department of Fish and Wildlife by cashier's check or certified check within 60 days of the date of the auction, whether conducted by the Department or by a sportsman's group or organization authorized by the Department to conduct the auction.

(F) The successful bidder may be required to complete a bighorn sheep hunting orientation course prior to their hunt. The hunter shall inform the Department when and where the hunt will be conducted. The successful bidder shall be required to take appropriate steps to assure that any ram taken is marked with an identification pin by Department personnel within five days of being taken.

(G) The Department shall reserve the right to accept or reject any or all bids.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 497.112
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 497.112
DFW 160-2022, amend filed 12/29/2022, effective 12/29/2022
DFW 187-2021, temporary amend filed 12/30/2021, effective 01/01/2022 through 06/29/2022
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 69-2015, f. & cert. ef. 6-11-15
DFW 1-2015, f. & cert. ef. 1-6-15
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 47-1999, f. & cert. ef. 6-16-99
DFW 1-1999, f. & cert. ef. 1-14-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 39-1996, f. 6-17-96, cert. ef. 11-1-96
FWC 53-1995, f. & cert. ef. 6-20-95
FWC 91-1994, f. & cert. ef. 12-15-94
FWC 45-1993, f. & cert. ef. 8-4-93
FWC 61-1992, f. & cert. ef. 7-30-92
FWC 127-1991, f. & cert. ef. 10-28-91
FWC 128-1990, f. & cert. ef. 12-24-90
FWC 36-1990, f. & cert. ef. 4-25-90
FWC 65-1989, f. & cert. ef. 8-15-89
FWC 35-1989, f. & cert. ef. 6-6-89
FWC 16-1989, f. & cert. ef. 3-28-89
FWC 14-1988, f. & cert. ef. 3-10-88
FWC 16-1987, f. & ef. 5-5-87

Or. Admin. R. 635-067-0034 Bighorn Sheep Raffle Tag

(1) One bighorn sheep tag will be raffled during the current year to an individual selected at a public drawing. The Department may contract with a sportsmen's group or organization to conduct the raffle.

(2) The bighorn sheep raffle tag shall be limited as follows:

(a) Bag Limit: One bighorn sheep ram.

(b) Hunting Hours: One-half hour before sunrise to one-half hour after sunset.

(d) Open Area: Any 500 series controlled bighorn sheep hunt area described in the current Oregon Big Game Regulations where controlled tags are authorized for the tube current year. The remainder of the state is closed to bighorn sheep hunting.

(3) Raffle Requirements:

(a) There is no limit on the number of chances in the drawing a person may purchase. Raffle chances shall be available for purchase in the following denominations:

(A) One chance package at a cost of $9.50 (plus a $2.00 license agent fee).

(B) Six chance package at a cost of $49.50 (plus a $2.00 license agent fee).

(d) There shall be no refunds on any purchases of raffle chances.

(e) One winner and two alternate winners will be drawn at a public drawing; time and location to be announced by the Department.

(f) The Department will notify the winner. If the winner does not claim the tag by 5 p.m., July 1, the winner shall be disqualified and the Department will attempt to notify the first alternate. If the first alternate does not claim the tag within 10 business days of July 1, the first alternate shall be disqualified and the Department will attempt to notify the second alternate. If the tag is not claimed by 5 p.m., July 31, it will not be issued. Notification attempts will be made by phone, email or postal mail, in that order.

(g) License and Tag Requirements: A valid bighorn sheep tag will be provided to the winner of the raffle and a valid hunting license will be provided if the winner has not already purchased one, so long as the winner is eligible to purchase an adult Oregon hunting license or a juvenile Oregon hunting license.

(h) The bighorn sheep tag shall be issued in the name of the person who purchased the winning chance provided that person meets all criteria outlined above. The tag may not be sold, assigned, or otherwise transferred.

(i) The winner of the bighorn sheep tag may be required to complete a bighorn sheep hunting orientation course prior to their hunt. The hunter shall inform the Department as to where and when the hunt will be conducted.

(j) If the holder of the raffle bighorn sheep tag is successful in taking a bighorn sheep ram, that person shall present the ram to the Department for permanent marking within five days of taking of the ram.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 160-2022, amend filed 12/29/2022, effective 12/29/2022
DFW 187-2021, temporary amend filed 12/30/2021, effective 01/01/2022 through 06/29/2022
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 69-2015, f. & cert. ef. 6-11-15
FWC 127-1991, f. & cert. ef. 10-28-91; FWC 61-1992, f. & cert. ef. 7-30-92; FWC 45-1993, f. & cert. ef. 8-4-93; FWC 91-1994, f. & cert. ef. 12-15-94, FWC 53-1995, f. & cert. ef. 6-20-95; FWC 39-1996, f. 6-17-96, cert. ef. 11-1-96; FWC 71-1997, f. & cert. ef. 12-29-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 1-2000(Temp), f. & cert. ef. 1-3-00 thru 6-30-00; DFW 30-2000, f. & cert. ef. 6-14-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 2-2003, f. & cert. ef. 1-17-03; DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05; DFW 130-2006(Temp), f. & cert. ef. 12-15-06 thru 6-13-06; Administrative Correction, 6-16-07; DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10; DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10; DFW 1-2015, f. & cert. ef. 1-6-15

Or. Admin. R. 635-067-0036 Rocky Mountain Goat Auction Tag

(1) One Rocky Mountain Goat tag will be auctioned to the highest bidder annually in the manner and at such time as provided by the Department. The Department may contract with a sports group or organization to conduct the auction.

(2) The Rocky Mountain Goat auction tag and auction shall be limited as follows:

(a) Bag Limit: One Rocky Mountain Goat.

(b) Hunting Hours: One-half hour before sunrise to one-half hour after sunset.

(d) Open Area: Any area where Rocky Mountain Goat hunts and tags have been authorized for the current year.

(e) Auction Requirements:

(A) The minimum acceptable bid for a Rocky Mountain Goat auction tag shall be $10,000.00. The bid price includes the hunting license and tag fee. A valid Rocky Mountain Goat tag will be provided to the winning bidder and a valid hunting license will be provided if the winning bidder has not already purchased one, so long as the winner is eligible to purchase an adult Oregon hunting license or a juvenile Oregon hunting license.

(B) Any person, resident or nonresident, is eligible to bid.

(F) The Department shall reserve the right to accept or reject any or all bids.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 18-2016, f. & cert. ef. 3-21-16

Or. Admin. R. 635-067-0040 Controlled Rocky Mountain Goat Hunt Regulations

Mandatory reporting requirements - Rocky Mountain goat taken by hunters shall be inspected by department personnel. All hunters are required to arrange check out through the local ODFW District office within three business days of completion of their hunt and schedule inspection of the animal if successful in harvesting a Rocky Mountain goat.

History

Statutory/Other Authority: 496.138, 496.146, 496.162 & ORS 496.012
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
Reverted to DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12
DFW 134-2015(Temp), f. 9-25-15, cert. ef. 9-27-15 thru 10-31-15
DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12
DFW 81-2011, f. 6-29-11, cert. ef. 8-20-11
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 30-2000, f. & cert. ef. 6-14-00
DFW 1-1999, f. & cert. ef. 1-14-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 38-1997, f. & cert. ef. 6-17-97
FWC 9-1997, f. & cert. ef. 2-27-97

Or. Admin. R. 635-067-0041 Rocky Mountain Goat Raffle

(1) One Rocky Mountain goat tag will be raffled annually to an individual selected at a public drawing. The Department may contract with a sportsmen's group or organization to conduct the raffle.

(2) The Rocky Mountain goat raffle tag shall be limited as follows:

(a) Bag Limit: One Rocky Mountain goat.

(b) Hunting Hours: One-half hour before sunrise to one-half hour after sunset.

(d) Open Area: Any area where Rocky Mountain goat hunts and tags have been authorized for the current year. The remainder of the state is closed to Rocky Mountain goat hunting.

(3) Raffle Requirements:

(a) There is no limit on the number of chances in the drawing that a person may purchase.

(A) One chance package at a cost of $9.50 (plus a $2.00 license agent fee).

(B) Six chance package at a cost of $49.50 (plus a $2.00 license agent fee).

(b) Raffle chances will be available to the public during the dates specified in the current Big Game regulations through the authorized license agents in the state or online. Chances may be sold by Department representatives at various gatherings of sportmen's groups.

(d) There shall be no refunds on any purchases of raffle chances.

(e) One winner and two alternate winners will be drawn at a public drawing; time and location to be announced by the Department.

(f) The Department will notify the winner. If the winner does not claim the tag by 5 p.m., July 1, the winner shall be disqualified and the Department will attempt to notify the first alternate. If the first alternate does not claim the tag within 10 business days of July 1, the first alternate shall be disqualified and the Department will attempt to notify the second alternate. If the tag is not claimed by 5 p.m., July 31, it will not be issued. Notification attempts will be made by phone, email or postal mail, in that order.

(g) License and Tag Requirements: A valid Rocky Mountain goat tag will be provided to the winner of the raffle and a valid hunting license will be provided if the winner has not already purchased one, so long as the winner is eligible to purchase an adult Oregon hunting license or a juvenile Oregon hunting license.

(h) The Rocky Mountain goat tag shall be issued in the name of the person who purchased the winning chance provided that person meets all criteria outlined above. The tag may not be sold, assigned, or otherwise transferred.

(i) The winner of the Rocky Mountain goat tag will be required to complete a Rocky Mountain goat hunting orientation course prior to their hunt. The hunter shall inform the Department as to where and when the hunt will be conducted.

(j) If the holder of the Rocky Mountain goat raffle tag is successful in taking a Rocky Mountain goat, that person shall present the animal to the Department for permanent marking within five days of taking of the animal.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 496.146
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 160-2022, amend filed 12/29/2022, effective 12/29/2022
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 138-2013, f. & cert. ef. 12-20-13
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05; DFW 130-2006(Temp), f. & cert. ef. 12-15-06 thru 6-13-06; Administrative Correction, 6-16-07; DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10; DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10

Division 68 WESTERN OREGON DEER SEASONS

Or. Admin. R. 635-068-0000 Purpose and General Information

(1) The purpose of these rules is to establish season dates, bag limits, areas, methods and other restrictions for hunting western Oregon deer pursuant to ORS Chapter 496.

(2) Controlled hunt tag numbers for 2026 are listed in the "2026 Oregon Big Game Regulations" and are adopted and incorporated into OAR chapter 635, division 068 by reference.

(3) OAR chapter 635, division 068 incorporates, by reference, the requirements for hunting western Oregon deer set out in the document entitled “2026 Oregon Big Game Regulations,” into Oregon Administrative Rules. Therefore, persons must consult the “2026 Oregon Big Game Regulations” in addition to OAR chapter 635, to determine all applicable requirements for hunting western Oregon deer. The annual Oregon Big Game Regulations are available at authorized license agents and regional, district, and headquarters offices of the Oregon Department of Fish and Wildlife.

(4) Additional regulation information is available on the Oregon Department of Fish and Wildlife website at www.odfw.com.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 24-2026, amend filed 03/31/2026, effective 03/31/2026
DFW 25-2025, amend filed 04/03/2025, effective 04/03/2025
DFW 58-2024, temporary amend filed 07/18/2024, effective 07/18/2024 through 01/13/2025
DFW 30-2024, amend filed 04/24/2024, effective 04/24/2024
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 29-2022, amend filed 03/21/2022, effective 03/21/2022
DFW 31-2021, amend filed 03/23/2021, effective 03/23/2021
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 27-2019, amend filed 03/11/2019, effective 03/11/2019
DFW 33-2018, amend filed 03/21/2018, effective 03/21/2018
DFW 20-2017, f. & cert. ef. 3-2-17
FWC 39-1988, f. & cert. ef. 6-13-88; FWC 35-1996, f. & cert. ef. 6-7-96; FWC 9-1997, f. & cert. ef. 2-27-97; FWC 38-1997, f. & cert. ef. 6-17-97; FWC 71-1997, f. & cert. ef. 12-29-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 30-2000, f. & cert. ef. 6-14-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 47-2001, f. & cert. ef. 6-13-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 59-2002, f. & cert. ef. 6-11-02; DFW 3-2003, f. 1-17-03, cert. ef. 1-20-03; DFW 50-2003, f. & cert. ef. 6-13-03; DFW 121-2003, f. 12-4-03, cert. ef. 1-19-04; DFW 53-2004, f. & cert. ef. 6-16-04; DFW 124-2004, f. 12-21-04, cert. ef. 3-1-05; DFW 53-2005, f. & cert. ef. 6-14-05; DFW 131-2005, f. 12-1-05, cert. ef. 3-1-06; DFW 41-2006, f. & cert. ef. 6-14-06; DFW 125-2006, f. 12-4-06, cert. ef. 3-1-07; DFW 42-2007, f. & cert. ef. 6-14-07; DFW 116-2007, f. 10-31-07, cert. ef. 3-1-08; DFW 60-2008, f. & cert. 6-12-08; DFW 13-2009, f. 2-19-09, cert. ef. 3-1-09; DFW 66-2009, f. & cert. ef. 6-10-09; DFW 14-2010, f. 2-16-10, cert. ef. 3-1-10; DFW 83-2010, f. & cert. ef. 6-15-10; DFW 14-2011, f. 2-15-11, cert. ef. 3-1-11; DFW 62-2011, f. & cert. ef. 6-3-11; DFW 15-2012, f. 2-10-12, cert. ef. 3-1-12; DFW 58-2012, f. & cert. ef. 6-11-12; DFW 14-2013, f. 2-15-13, cert. ef. 3-1-13; DFW 53-2013, f. & cert. ef. 6-10-13; DFW 122-2013, f. & cert. ef. 10-25-13; DFW 16-2014, f. & cert. ef. 2-27-14; DFW 63-2014, f. & cert. ef. 6-10-14; DFW 15-2015, f. & cert. ef. 2-26-15; DFW 69-2015, f. & cert. ef. 6-11-15: DFW 18-2016, f. & cert. ef. 3-21-16; DFW 81-2016, f. & cert. ef. 6-27-16

Or. Admin. R. 635-068-0001 Western Oregon Buck Seasons

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 46-1992, f. & cert. ef. 7-15-92
FWC 61-1991, f. & cert. ef. 6-24-91
FWC 58-1990, f. & cert. ef. 6-21-90
FWC 66-1989, f. & cert. ef. 8-15-89
FWC 39-1988, f. & cert. ef. 6-13-88
Reverted to FWC 42-1987, f. & ef. 7-6-87
FWC 95-1987(Temp), f. & ef. 11-6-87
FWC 42-1987, f. & ef. 7-6-87
FWC 63-1986, f. & ef. 10-2-86
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28-1983, f. & ef. 7-8-83
FWC 37-1982, f. & ef. 6-25-82, Renumbered from 635-065-0105
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 33-1978, f. & ef. 6-30-78
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-068-0005 High Cascade Buck Deer Hunt

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 123, f. & ef. 6-9-77; FWC 33-1978, f. & ef. 6-30-78; FWC 28-1979, f. & ef. 8-2-79; FWC 33-1980, f. & ef. 6-30-80; FWC 6-1981, f. & ef. 1-23-81; FWC 11-1981, f. & ef. 3-31-81; FWC 20-1981, f. & ef. 6-19-81; FWC 37-1982, f. & ef. 6-25-82, Renumbered from 635-065-0107; FWC 28-1983, f. & ef. 7-8-83; FWC 34-1984, f. & ef. 7-24-84; FWC 43-1985, f. & ef. 8-22-85; FWC 29-1986, f. & ef. 7-23-86; FWC 35-1986, f. & ef. 8-7-86; FWC 11-1987, f. & ef. 3-6-87; FWC 15-1988, f. & cert. ef. 3-10-88; FWC 39-1988, f. & cert. ef. 6-13-88; FWC 17-1989, f. & cert. ef. 3-28-89; FWC 66-1989, f. & cert. ef. 8-15-89; FWC 26-1990, f. & cert. ef. 3-21-90; FWC 58-1990, f. & cert. ef. 6-21-90; FWC 22-1991, f. & cert. ef. 3-12-91; FWC 61-1991, f. & cert. ef. 6-24-91; FWC 46-1992, f. & cert. ef. 7-15-92; FWC 36-1993, f. & cert. ef. 6-14-93; FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94; FWC 40-1994, f. & cert. ef. 6-28-94; FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95; FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96, FWC 35-1996, f. & cert. ef. 6-7-96

Or. Admin. R. 635-068-0022 W. High Cascade Buck Deer Hunt and Western Oregon Controlled Deer Hunts

(1) Tags shall be issued by a controlled hunt drawing following the procedures established in OAR chapter 635, division 060. Each successful applicant for a W. High Cascade hunt tag shall receive one tag valid for both the W. High Cascade hunt and the Western Oregon General deer rifle season. Each hunter may take only one buck deer.

(2) A hunter successful in drawing a 600 series tag may also hunt in any general deer season or any 100 series controlled buck deer hunt and as provided in OAR 635-065-0015; if possessing the proper tag(s) for the area and time period being hunted.

(3) A hunter drawing a 100 or 600 series deer tag or purchasing a general season western Oregon deer tag, also may possess tag(s) as provided in OAR 635-065-0015.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 31-2021, amend filed 03/23/2021, effective 03/23/2021
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 124-2004, f. 12-21-04, cert. ef. 3-1-05
DFW 59-2002, f. & cert. ef. 6-11-02
DFW 28-2002(Temp), f. 4-1-02, cert. ef. 4-2-02 thru 9-28-02
DFW 47-2001, f. & cert. ef. 6-13-01
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
FWC 9-1997, f. & cert. ef. 2-27-97

Or. Admin. R. 635-068-0025 Western Oregon Controlled Deer Hunts

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 54-1995, f. & cert. ef. 6-20-95
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 46-1993, f. & cert. ef. 8-4-93
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 46-1992, f. & cert. ef. 7-15-92
FWC 61-1991, f. & cert. ef. 6-24-91
FWC 58-1990, f. & cert. ef. 6-21-90
FWC 66-1989, f. & cert. ef. 8-15-89
FWC 39-1988, f. & cert. ef. 6-13-88
Reverted to FWC 42-1987, f. & ef. 7-6-87
FWC 95-1987(Temp), f. & ef. 11-6-87
FWC 42-1987, f. & ef. 7-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28-1983, f. & ef. 7-8-83
FWC 37-1982, f. & ef. 6-25-82

Or. Admin. R. 635-068-0030 Additional Western Oregon Controlled Deer Hunt

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 54-1995, f. & cert. ef. 6-20-95
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95

Division 69 EASTERN OREGON DEER SEASONS

Or. Admin. R. 635-069-0000 Purpose and General Information

(1) The purpose of these rules is to establish season dates, bag limits, areas, methods and other restrictions for hunting eastern Oregon deer pursuant to ORS Chapter 496.

(2) Controlled hunt tag numbers for 2026 are listed in the "2026 Oregon Big Game Regulations" and are adopted and incorporated into OAR Chapter 635, Division 069 by reference.

(3) OAR Chapter 635, Division 069 incorporates, by reference, the requirements for hunting eastern Oregon deer set out in the document entitled “2026 Oregon Big Game Regulations,” into Oregon Administrative Rules. Therefore, persons must consult the “2026 Oregon Big Game Regulations” in addition to OAR Chapter 635, to determine all applicable requirements for hunting eastern Oregon deer. The annual Oregon Big Game Regulations are available at hunting license agents and regional, district and headquarters offices and website of the Oregon Department of Fish and Wildlife.

(4) Additional regulation information is available on the Oregon Department of Fish and Wildlife website at www.odfw.com.

History

Statutory/Other Authority: ORS 496.138, 496.012, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.138, 496.012, 496.146 & 496.162
DFW 24-2026, amend filed 03/31/2026, effective 03/31/2026
DFW 25-2025, amend filed 04/03/2025, effective 04/03/2025
DFW 30-2024, amend filed 04/24/2024, effective 04/24/2024
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 147-2022, temporary amend filed 11/04/2022, effective 11/04/2022 through 01/01/2023
DFW 102-2022, temporary amend filed 07/29/2022, effective 07/29/2022 through 10/11/2022
DFW 38-2022, temporary amend filed 04/15/2022, effective 04/15/2022 through 10/11/2022
DFW 29-2022, amend filed 03/21/2022, effective 03/21/2022
DFW 31-2021, amend filed 03/23/2021, effective 03/23/2021
DFW 43-2020, temporary amend filed 04/13/2020, effective 06/01/2020 through 11/27/2020
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 27-2019, amend filed 03/11/2019, effective 03/11/2019
DFW 33-2018, amend filed 03/21/2018, effective 03/21/2018
DFW 60-2017(Temp), f. & cert. ef. 5-16-17 thru 11-10-17
FWC 40-1988, f. & cert. ef. 6-13-88; FWC 35-1996, f. & cert. ef. 6-7-96; FWC 9-1997, f. & cert. ef. 2-27-97; FWC 38-1997, f. & cert. ef. 6-17-97; FWC 71-1997, f. & cert. ef. 12-29-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 32-1999(Temp), f. & cert. ef. 5-4-99 thru 10-31-99; DFW 34-1999(Temp), f. & cert. ef. 5-12-99 thru 10-31-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 20-2000(Temp), f. 4-12-00, cert. ef. 4-12-00 thru 6-30-00; DFW 30-2000, f. & cert. ef. 6-14-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 47-2001, f. & cert. ef. 6-13-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 59-2002, f. & cert. ef. 6-11-02; DFW 7-2003, f. 1-17-03, cert. ef. 2-1-03; DFW 50-2003, f. & cert. ef. 6-13-03; DFW 122-2003, f. 12-4-03, cert. ef. 2-2-04; DFW 53-2004, f. & cert. ef. 6-16-04; DFW 123-2004, f. 12-21-04, cert. ef. 2-1-05; DFW 53-2005, f. & cert. ef. 6-14-05; DFW 130-2005, f. 12-1-05, cert. ef. 2-1-06; DFW 41-2006, f. & cert. ef. 6-14-06; DFW 124-2006, f. 12-7-06, cert. ef. 2-1-07; DFW 42-2007, f. & cert. ef. 6-14-07; DFW 117-2007, f. 10-31-07, cert. ef. 2-1-08; DFW 60-2008, f. & cert. 6-12-08; DFW 8-2009, f. & cert. ef. 2-3-09; DFW 66-2009, f. & cert. ef. 6-10-09; DFW 4-2010, f. 1-12-10, cert. ef. 2-1-10; DFW 83-2010, f. & cert. ef. 6-15-10; DFW 7-2011, f. 1-31-11, cert. ef. 2-1-11; DFW 62-2011, f. & cert. ef. 6-3-11; DFW 3-2012, f. 1-13-12, cert. ef. 2-1-12; DFW 58-2012, f. & cert. ef. 6-11-12; DFW 4-2013, f. 1-15-13, cert. ef. 2-1-13; DFW 53-2013, f. & cert. ef. 6-10-13; DFW 3-2014, f. & cert. ef. 1-22-14; DFW 63-2014, f. & cert. ef. 6-10-14; DFW 15-2015, f. & cert. ef. 2-26-15; DFW 69-2015, f. & cert. ef. 6-11-15: DFW 18-2016, f. & cert. ef. 3-21-16; DFW 81-2016, f. & cert. ef. 6-27-16; DFW 20-2017, f. & cert. ef. 3-2-17

Or. Admin. R. 635-069-0005 Controlled Buck Hunts

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 37-1982, f. & ef. 6-25-82; FWC 28-1983, f. & ef. 7-8-83; FWC 34-1984, f. & ef. 7-24-84; FWC 43-1985, f. & ef. 8-22-85; FWC 35-1986, f. & ef. 8-7-86; FWC 43-1987, f. & ef. 7-6-87; FWC 16-1988, f. & cert. ef. 3-10-88; FWC 40-1988, f. & cert. ef. 6-13-88; FWC 18-1989, f. & cert. ef. 3-28-89; FWC 36-1989, f. & cert. ef. 6-6-89; FWC 67-1989, f. & cert. ef. 8-15-89; FWC 27-1990, f. & cert. ef. 3-21-90; FWC 46-1990, f. & cert. ef. 5-25-90; FWC 23-1991, f. & cert. ef. 3-12-91; FWC 62-1991, f. & cert. ef. 6-24-91; FWC 47-1992, f. & cert. ef. 7-15-92; FWC 36-1993, f. & cert. ef. 6-14-93; FWC 46-1993, f. & cert. ef. 8-4-93; FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94; FWC 40-1994, f. & cert. ef. 6-28-94; FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95; FWC 54-1995, f. & cert. ef. 6-20-95; FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96, FWC 35-1996, f. & cert. ef. 6-7-96

Or. Admin. R. 635-069-0030 Controlled Eastern Oregon Deer Hunts

(1) Tags shall be issued by a controlled hunt drawing following the procedures established in OAR chapter 635, division 060. A person successful in drawing a 100 series eastern Oregon deer tag may not hunt in any general deer season.

(2) A person successful in drawing a 600 series tag may also hunt in any general season or any 100 series controlled buck deer hunt and as provided in OAR 635-065-0015; if possessing the proper tag for the area and time period being hunted.

(3) A hunter drawing a 100 or 600 series deer tag also may possess tag(s) as provided in OAR 635-065-0015.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 123-2004, f. 12-21-04, cert. ef. 2-1-05
DFW 47-2001, f. & cert. ef. 6-13-01
FWC 9-1997, f. & cert. ef. 2-27-97

Division 70 WESTERN OREGON ELK SEASONS

Or. Admin. R. 635-070-0000 Purpose and General Information

(1) The purpose of these rules is to establish season dates, bag limits, areas, methods and other restrictions for hunting Cascade and Coast elk pursuant to ORS Chapter 496.

(2) Controlled hunt tag numbers for 2026 are listed in the "2026 Oregon Big Game Regulations" and are adopted and incorporated into OAR Chapter 635, Division 070 by reference.

(3) OAR chapter 635, division 070 incorporates, by reference, the requirements for hunting western Oregon elk set out in the document entitled “2026 Oregon Big Game Regulations,” into Oregon Administrative Rules. Therefore, persons must consult the “2026 Oregon Big Game Regulations” in addition to OAR Chapter 635, to determine all applicable requirements for hunting western Oregon elk. The annual Oregon Big Game Regulations are available at hunting license agents and regional, district and headquarters offices of the Oregon Department of Fish and Wildlife.

(4) Additional regulation information is available on the Oregon Department of Fish and Wildlife website at www.odfw.com.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 24-2026, amend filed 03/31/2026, effective 03/31/2026
DFW 25-2025, amend filed 04/03/2025, effective 04/03/2025
DFW 5-2025, temporary amend filed 01/14/2025, effective 01/14/2025 through 04/01/2025
DFW 91-2024, temporary amend filed 10/01/2024, effective 10/01/2024 through 01/13/2025
DFW 58-2024, temporary amend filed 07/18/2024, effective 07/18/2024 through 01/13/2025
DFW 30-2024, amend filed 04/24/2024, effective 04/24/2024
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 29-2022, amend filed 03/21/2022, effective 03/21/2022
DFW 108-2021, temporary amend filed 07/29/2021, effective 07/29/2021 through 10/08/2021
DFW 31-2021, amend filed 03/23/2021, effective 03/23/2021
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 27-2019, amend filed 03/11/2019, effective 03/11/2019
DFW 33-2018, amend filed 03/21/2018, effective 03/21/2018
DFW 20-2017, f. & cert. ef. 3-2-17
FWC 41-1988, f. & cert. ef. 6-13-88; FWC 35-1996, f. & cert. ef. 6-7-96; FWC 9-1997, f. & cert. ef. 2-27-97; FWC 38-1997, f. & cert. ef. 6-17-97; FWC 71-1997, f. & cert. ef. 12-29-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 30-2000, f. & cert. ef. 6-14-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 47-2001, f. & cert. ef. 6-13-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 59-2002, f. & cert. ef. 6-11-02; DFW 2-2003, f. & cert. ef. 1-17-03; DFW 9-2003(Temp), f. & cert. ef. 1-28-03 thru 6-16-03; DFW 50-2003, f. & cert. ef. 6-13-03; DFW 119-2003, f. 12-4-03, cert. ef. 4-1-04; DFW 130-2003(Temp), f. & cert. ef. 12-24-03 thru 3-1-04; DFW 8-2004(Temp), f. & cert. ef. 2-2-04 thru 7-31-04; DFW 53-2004, f. & cert. ef. 6-16-04; DFW 107-2004(Temp), f. & cert. ef 10-18-04 thru 11-27-04; DFW 131-2004, f. 12-21-04, cert. ef. 4-1-05; DFW 53-2005, f. & cert. ef. 6-14-05; DFW 132-2005, f. 12-1-05, cert. ef. 4-1-06; DFW 41-2006, f. & cert. ef. 6-14-06; DFW 126-2006, f. 12-7-06, cert. ef. 4-1-07; DFW 42-2007, f. & cert. ef. 6-14-07; DFW 115-2007, f. 10-31-07, cert. ef. 4-1-08; DFW 60-2008, f. & cert. 6-12-08; DFW 31-2009, f. 3-23-09, cert. ef. 4-1-09; DFW 66-2009, f. & cert. ef. 6-10-09; DFW 22-2010, f. 3-1-10, cert. ef. 4-1-10; DFW 31-2010, f. 3-12-10, cert. ef. 4-1-10; DFW 83-2010, f. & cert. ef. 6-15-10; DFW 62-2011, f. & cert. ef. 6-3-11; DFW 22-2012, f. 3-14-12, cert. ef. 4-1-12; DFW 58-2012, f. & cert. ef. 6-11-12; DFW 21-2013, f. 3-11-13, cert. ef. 4-1-13; DFW 53-2013, f. & cert. ef. 6-10-13; DFW 19-2014, f. & cert. ef. 3-11-14; DFW 63-2014, f. & cert. ef. 6-10-14; DFW 25-2015, f. & cert. ef. 4-8-15; DFW 69-2015, f. & cert. ef. 6-11-15; DFW 28-2016, f. & cert. ef. 4-6-16; DFW 81-2016, f. & cert. ef. 6-27-16

Or. Admin. R. 635-070-0001 Coast Elk Rifle Seasons

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 30-2000, f. & cert. ef. 6-14-00
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 48-1992, f. & cert. ef. 7-15-92
FWC 63-1991, f. & cert. ef. 6-24-91
FWC 60-1990, f. & cert. ef. 6-21-90
FWC 68-1989, f. & cert. ef. 8-15-89
FWC 41-1988, f. & cert. ef. 6-13-88
FWC 44-1987, f. & ef. 7-6-87
FWC 63-1986, f. & ef. 10-2-86
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28-1983, f. & ef. 7-8-83
FWC 37-1982, f. & ef. 6-25-82, Renumbered from 635-065-0220
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 6-1979, f. & ef. 2-6-79
FWC 33-1978, f. & ef. 6-30-78
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-070-0003 West Cascade Elk Rifle Season

Placeholder for 635-070-0003

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 48-1992, f. & cert. ef. 7-15-92
FWC 63-1991, f. & cert. ef. 6-24-91
FWC 60-1990, f. & cert. ef. 6-21-90
FWC 68-1989, f. & cert. ef. 8-15-89
FWC 41-1988, f. & cert. ef. 6-13-88
FWC 44-1987, f. & ef. 7-6-87
FWC 63-1986, f. & ef. 10-2-86
FWC 35-1986, f. & ef. 8-7-86

Or. Admin. R. 635-070-0005 Controlled Coast Bull and Either-sex Elk Hunts

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
Reverted to FWC 9-1997, f. & cert. ef. 2-27-97
DFW 8-2004(Temp), f. & cert. ef. 2-2-04 thru 7-31-04
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 54-1995, f. & cert. ef. 6-20-95
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 46-1993, f. & cert. ef. 8-4-93
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 48-1992, f. & cert. ef. 7-15-92
FWC 24-1991, f. & cert. ef. 3-12-91
FWC 60-1990, f. & cert. ef. 6-21-90
FWC 28-1990, f. & cert. ef. 3-21-90
FWC 68-1989, f. & cert. ef. 8-15-89
FWC 19-1989, f. & cert. ef. 3-28-89
FWC 41-1988, f. & cert. ef. 6-13-88
FWC 17-1988, f. & cert. ef. 3-10-88
FWC 44-1987, f. & ef. 7-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28-1983, f. & ef. 7-8-83
FWC 37-1982, f. & ef. 6-25-82

Or. Admin. R. 635-070-0012 Controlled Cascade Elk Rifle Hunts

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
Reverted to FWC 9-1997, f. & cert. ef. 2-27-97
DFW 107-2004(Temp), f. & cert. ef 10-18-04 thru 11-27-04
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 54-1995, f. & cert. ef. 6-20-95
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 46-1993, f. & cert. ef. 8-4-93
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 48-1992, f. & cert. ef. 7-15-92
FWC 63-1991, f. & cert. ef. 6-24-91
FWC 60-1990, f. & cert. ef. 6-21-90
FWC 68-1989, f. & cert. ef. 8-15-89
FWC 41-1988, f. & cert. ef. 6-13-88
FWC 44-1987, f. & ef. 7-6-87

Or. Admin. R. 635-070-0020 Controlled Western Oregon Elk Rifle Hunts

Tags shall be issued by a controlled hunt drawing following the procedures established in OAR chapter 635, division 60. Except as provided in OAR 635-065-0015, a person successful in drawing a tag for a controlled elk season shall not hunt in any other elk season.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 24-2026, amend filed 03/31/2026, effective 03/31/2026
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 25-2015, f. & cert. ef. 4-8-15
DFW 63-2014, f. & cert. ef. 6-10-14
DFW 19-2014, f. & cert. ef. 3-11-14
DFW 11-2014(Temp), f. & cert. ef. 2-12-14 thru 3-31-14
DFW 123-2013(Temp), f. 10-29-13, cert. ef. 11-1-13 thru 2-15-14
DFW 10-2013, f. & cert. ef. 2-7-13
DFW 47-2001, f. & cert. ef. 6-13-01
FWC 9-1997, f. & cert. ef. 2-27-97

Division 71 ROCKY MOUNTAIN ELK SEASONS

Or. Admin. R. 635-071-0000 Purpose and General Information

(1) The purpose of these rules is to establish season dates, bag limits, areas, methods and other restrictions for hunting Rocky Mountain elk pursuant to ORS Chapter 496.

(2) Controlled hunt tag numbers for 2026 are listed in the "2026 Oregon Big Game Regulations" and are adopted and incorporated in OAR Chapter 635, Division 071 by reference.

(3) OAR chapter 635, division 071 incorporates, by reference, the requirements for hunting Rocky Mountain elk set out in the document entitled “2026 Oregon Big Game Regulations,” into Oregon Administrative Rules. Therefore, persons must consult the “2026 Oregon Big Game Regulations” in addition to OAR Chapter 635, to determine all applicable requirements for hunting Rocky Mountain elk. The annual Oregon Big Game Regulations are available at hunting license agents and regional, district and headquarters offices of the Oregon Department of Fish and Wildlife.

(4) Additional regulation information is available on the Oregon Department of Fish and Wildlife website at www.odfw.com.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 24-2026, amend filed 03/31/2026, effective 03/31/2026
DFW 25-2025, amend filed 04/03/2025, effective 04/03/2025
DFW 30-2024, amend filed 04/24/2024, effective 04/24/2024
DFW 73-2023, temporary amend filed 07/27/2023, effective 07/27/2023 through 01/22/2024
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 29-2022, amend filed 03/21/2022, effective 03/21/2022
DFW 108-2021, temporary amend filed 07/29/2021, effective 07/29/2021 through 10/08/2021
DFW 45-2021, temporary amend filed 04/12/2021, effective 04/12/2021 through 10/08/2021
DFW 31-2021, amend filed 03/23/2021, effective 03/23/2021
DFW 43-2020, temporary amend filed 04/13/2020, effective 06/01/2020 through 11/27/2020
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 27-2019, amend filed 03/11/2019, effective 03/11/2019
DFW 33-2018, amend filed 03/21/2018, effective 03/21/2018
DFW 20-2017, f. & cert. ef. 3-2-17
FWC 42-1988, f. & cert. ef. 6-13-88; FWC 35-1996, f. & cert. ef. 6-7-96; FWC 9-1997, f. & cert. ef. 2-27-97; FWC 38-1997, f. & cert. ef. 6-17-97; FWC 71-1997, f. & cert. ef. 12-29-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 30-2000, f. & cert. ef. 6-14-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 47-2001, f. & cert. ef. 6-13-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 59-2002, f. & cert. ef. 6-11-02; DFW 2-2003, f. & cert. ef. 1-17-03; DFW 9-2003(Temp), f. & cert. ef. 1-28-03 thru 6-16-03; DFW 50-2003, f. & cert. ef. 6-13-03; DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 1-2004(Temp), f. & cert. ef. 1-13-04 thru 7-9-04; DFW 53-2004, f. & cert. ef. 6-16-04; DFW 105-2004(Temp), f. & cert. ef. 10-13-04 thru 11-15-04; Administrative correction, 11-22-04; DFW 131-2004, f. 12-21-04, cert. ef. 4-1-05; DFW 53-2005, f. & cert. ef. 6-14-05; DFW 132-2005, f. 12-1-05, cert. ef. 4-1-06; DFW 22-2006(Temp), f. & cert. ef. 4-7-06 thru 10-4-06; DFW 41-2006, f. & cert. ef. 6-14-06; DFW 126-2006, f. 12-7-06, cert. ef. 4-1-07; DFW 42-2007, f. & cert. ef. 6-14-07; DFW 115-2007, f. 10-31-07, cert. ef. 4-1-08; DFW 60-2008, f. & cert. 6-12-08; DFW 31-2009, f. 3-23-09, cert. ef. 4-1-09; DFW 66-2009, f. & cert. ef. 6-10-09; DFW 22-2010, f. 3-1-10, cert. ef. 4-1-10; DFW 31-2010, f. 3-12-10, cert. ef. 4-1-10; DFW 83-2010, f. & cert. ef. 6-15-10; DFW 62-2011, f. & cert. ef. 6-3-11; DFW 22-2012, f. 3-14-12, cert. ef. 4-1-12; DFW 58-2012, f. & cert. ef. 6-11-12; DFW 21-2013, f. 3-11-13, cert. ef. 4-1-13; DFW 53-2013, f. & cert. ef. 6-10-13; DFW 19-2014, f. & cert. ef. 3-11-14; DFW 63-2014, f. & cert. ef. 6-10-14; DFW 25-2015, f. & cert. ef. 4-8-15; DFW 69-2015, f. & cert. ef. 6-11-15; DFW 28-2016, f. & cert. ef. 4-6-16; DFW 81-2016, f. & cert. ef. 6-27-16

Or. Admin. R. 635-071-0001 Rocky Mountain Elk Rifle Seasons

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 49-1992, f. & cert. ef. 7-15-92
FWC 64-1991, f. & cert. ef. 6-24-91
FWC 25-1991, f. & cert. ef. 3-12-91
FWC 61-1990, f. & cert. ef. 6-21-90
FWC 69-1989, f. & cert. ef. 8-15-89
FWC 42-1988, f. & cert. ef. 6-13-88
FWC 45-1987, f. & ef. 7-6-87
FWC 63-1986, f. & ef. 10-2-86
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28-1983, f. & ef. 7-8-83
FWC 37-1982, f. & ef. 6-25-82, Renumbered from 635-065-0215
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 6-1979, f. & ef. 2-6-79
FWC 33-1978, f. & ef. 6-30-78
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-071-0005 Controlled Rocky Mountain Bull Elk Rifle Hunts

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
Reverted to FWC 9-1997, f. & cert. ef. 2-27-97
DFW 105-2004(Temp), f. & cert. ef. 10-13-04 thru 11-15-04
Reverted to FWC 9-1997, f. & cert. ef. 2-27-97
DFW 1-2004(Temp), f. & cert. ef. 1-13-04 thru 7-9-04
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 54-1995, f. & cert. ef. 6-20-95
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 46-1993, f. & cert. ef. 8-4-93
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 49-1992, f. & cert. ef. 7-15-92
FWC 64-1991, f. & cert. ef. 6-24-91
FWC 25-1991, f. & cert. ef. 3-12-91
FWC 61-1990, f. & cert. ef. 6-21-90
FWC 43-1990, f. & cert. ef. 5-25-90
FWC 29-1990, f. & cert. ef. 3-21-90
FWC 69-1989, f. & cert. ef. 8-15-89
FWC 20-1989, f. & cert. ef. 3-28-89
FWC 42-1988, f. & cert. ef. 6-13-88
FWC 18-1988, f. & cert. ef. 3-10-88
FWC 45-1987, f. & ef. 7-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28-1983, f. & ef. 7-8-83
FWC 37-1982, f. & ef. 6-25-82

Or. Admin. R. 635-071-0010 Controlled Rocky Mountain Antlerless Elk Rifle Hunts

[Placeholder]

History

Statutory/Other Authority: ORS 496.012, ORS 496.138, ORS 496.146 & ORS 496.162
Statutes/Other Implemented: ORS 496.012, ORS 496.138, ORS 496.146 & ORS 496.162
DFW 27-2019, amend filed 03/11/2019, effective 03/11/2019
DFW 122-2017, amend filed 09/21/2017, effective 09/21/2017
Reverted to DFW 69-2015, f. & cert. ef. 6-11-15
DFW 35-2017(Temp), f. & cert. ef. 3-31-17 thru 9-26-17
DFW 69-2015, f. & cert. ef. 6-11-15
DFW 2-2015(Temp), f. & cert. ef. 1-7-15 thru 6-30-15
Reverted to DFW 42-2007, f. & cert. ef. 6-14-07
DFW 127-2013(Temp), f. & cert. ef. 11-5-13 thru 12-1-13
DFW 42-2007, f. & cert. ef. 6-14-07
DFW 41-2006, f. & cert. ef. 6-14-06
DFW 22-2006(Temp), f. & cert. ef. 4-7-06 thru 10-4-06
DFW 30-2000, f. & cert. ef. 6-14-00
DFW 47-1999, f. & cert. ef. 6-16-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 54-1995, f. & cert. ef. 6-20-95
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
Reverted to FWC 40-1994, f. & cert. ef. 6-28-94
FWC 63-1994(Temp), f. & cert. ef. 9-13-94
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 46-1993, f. & cert. ef. 8-4-93
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 49-1992, f. & cert. ef. 7-15-92
FWC 115-1991, f. & cert. ef. 9-30-91
FWC 64-1991, f. & cert. ef. 6-24-91
Reverted to FWC 61-1990, f. & cert. ef. 6-21-90
FWC 116-1990(Temp), f. & cert. ef. 10-11-90
FWC 61-1990, f. & cert. ef. 6-21-90
Reverted to FWC 69-1989, f. & cert. ef. 8-15-89
FWC 115-1989(Temp), f. & cert. ef. 11-16-89
FWC 69-1989, f. & cert. ef. 8-15-89
FWC 42-1988, f. & cert. ef. 6-13-88
FWC 45-1987, f. & ef. 7-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 76-1985(Temp), f. & ef. 12-6-85
FWC 71-1985, f. & ef. 11-8-85
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28-1983, f. & ef. 7-8-83
FWC 37-1982, f. & ef. 6-25-82

Or. Admin. R. 635-071-0020 Controlled Rocky Mountain Either-Sex Elk Hunts

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 54-1995, f. & cert. ef. 6-20-95
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 46-1993, f. & cert. ef. 8-4-93
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 49-1992, f. & cert. ef. 7-15-92
FWC 25-1991, f. & cert. ef. 3-12-91
FWC 29-1990, f. & cert. ef. 3-21-90
FWC 69-1989, f. & cert. ef. 8-15-89
FWC 20-1989, f. & cert. ef. 3-28-89
FWC 42-1988, f. & cert. ef. 6-13-88
FWC 18-1988, f. & cert. ef. 3-10-88

Or. Admin. R. 635-071-0030 Controlled Rocky Mountain Elk Seasons

Tags shall be issued by a controlled hunt drawing following the procedures established in OAR 635, division 060. Except as provided in OAR 635-065-0015, a person successful in drawing a controlled elk tag shall not hunt in any other elk season.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 47-2001, f. & cert. ef. 6-13-01
Reverted to FWC 9-1997, f. & cert. ef. 2-27-97
DFW 53-1999(Temp), f. & cert. ef. 8-6-99 thru 2-2-00
FWC 9-1997, f. & cert. ef. 2-27-97

Division 72 WESTERN GRAY SQUIRREL REGULATIONS

Or. Admin. R. 635-072-0000 Purpose and General Information

(1) The purpose of these rules is to establish season dates, bag limits, areas, and other restrictions for hunting western gray squirrels pursuant to ORS Chapter 496.

(2) OAR chapter 635, division 072 incorporates, by reference, the requirements for hunting western gray squirrel set out in the document entitled “2026 Oregon Big Game Regulations,” into Oregon Administrative Rules. Therefore, persons must consult the “2026 Oregon Big Game Regulations” in addition to OAR chapter 635, to determine all applicable requirements for hunting western gray squirrel. The annual Oregon Big Game Regulations are available at hunting license agents and regional, district and headquarters offices of the Oregon Department of Fish and Wildlife.

(3) Additional regulation information is available on the Oregon Department of Fish and Wildlife website at www.odfw.com.

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

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 107-2025, amend filed 11/25/2025, effective 12/01/2025
DFW 106-2024, amend filed 12/09/2024, effective 12/09/2024
DFW 117-2023, amend filed 12/21/2023, effective 12/22/2023
DFW 160-2022, amend filed 12/29/2022, effective 12/29/2022
DFW 183-2021, amend filed 12/30/2021, effective 12/30/2021
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 20-2017, f. & cert. ef. 3-2-17
FWC 43-1988, f. & cert. ef. 6-13-88; FWC 9-1997, f. & cert. ef. 2-27-97; FWC 71-1997, f. & cert. ef. 12-29-97; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 2-2003, f. & cert. ef. 1-17-03; DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05; DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06; DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07; DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08; DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09; DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10; DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11; DFW 159-2011, f. 12-14-11, cert. ef. 1-1-12; DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13; DFW 138-2013, f. & cert. ef. 12-20-13; DFW 1-2015, f. & cert. ef. 1-6-15: DFW 18-2016, f. & cert. ef. 3-21-16

Or. Admin. R. 635-072-0001 Western Gray Squirrel Season

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 16-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 50-1992, f. & cert. ef. 7-15-92
FWC 65-1991, f. & cert. ef. 6-24-91
FWC 62-1990, f. & cert. ef. 6-21-90
FWC 70-1989, f. & cert. ef. 8-15-89
FWC 43-1988, f. & cert. ef. 6-13-88
FWC 46-1987, f. & ef. 7-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28-1983, f. & ef. 7-8-83
FWC 37-1982, f. & ef. 6-25-82, Renumbered from 635-065-0300
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 33-1978, f. & ef. 6-30-78
FWC 123, f. & ef. 6-9-77

Division 73 SPECIAL INTEREST SEASONS

Or. Admin. R. 635-073-0000 Purpose and General Information

(1) The purpose of these rules is to establish season dates, bag limits, areas and other restrictions for bow and muzzleloader hunting, Premium Hunts, and controlled deer and elk youth hunts; pursuant to ORS Chapter 496.

(2) Controlled hunt tag numbers for 2026 for Premium Hunts, deer and elk bow and muzzleloader hunting and deer and elk youth hunts are listed in the "2026 Oregon Big Game Regulations" and are adopted and incorporated into OAR chapter 635, division 073 by reference.

(3) OAR chapter 073 incorporates, by reference, the requirements for bow and muzzleloader hunting, Premium Hunts, and controlled deer and elk youth hunts set out in the document entitled “2026 Oregon Big Game Regulations,” into Oregon Administrative Rules. Therefore, persons must consult the “2026 Oregon Big Game Regulations," in addition to OAR chapter 635, to determine all applicable requirements for bow and muzzleloader hunting, Premium Hunts, and controlled deer and elk youth hunts. The annual Oregon Big Game Regulations are available at hunting license agents and regional, district and headquarters offices and website of the Oregon Department of Fish and Wildlife.

(4) Additional regulation information is available on the Oregon Department of Fish and Wildlife website at www.odfw.com.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 24-2026, amend filed 03/31/2026, effective 03/31/2026
DFW 25-2025, amend filed 04/03/2025, effective 04/03/2025
DFW 58-2024, temporary amend filed 07/18/2024, effective 07/18/2024 through 01/13/2025
DFW 30-2024, amend filed 04/24/2024, effective 04/24/2024
DFW 73-2023, temporary amend filed 07/27/2023, effective 07/27/2023 through 01/22/2024
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 147-2022, temporary amend filed 11/04/2022, effective 11/04/2022 through 01/01/2023
DFW 102-2022, temporary amend filed 07/29/2022, effective 07/29/2022 through 10/11/2022
DFW 38-2022, temporary amend filed 04/15/2022, effective 04/15/2022 through 10/11/2022
DFW 29-2022, amend filed 03/21/2022, effective 03/21/2022
DFW 108-2021, temporary amend filed 07/29/2021, effective 07/29/2021 through 10/08/2021
DFW 45-2021, temporary amend filed 04/12/2021, effective 04/12/2021 through 10/08/2021
DFW 31-2021, amend filed 03/23/2021, effective 03/23/2021
DFW 43-2020, temporary amend filed 04/13/2020, effective 06/01/2020 through 11/27/2020
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 27-2019, amend filed 03/11/2019, effective 03/11/2019
DFW 33-2018, amend filed 03/21/2018, effective 03/21/2018
DFW 60-2017(Temp), f. & cert. ef. 5-16-17 thru 11-10-17
FWC 44-1988, f. & cert. ef. 6-13-88; FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94; FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96; FWC 35-1996, f. & cert. ef. 6-7-96; FWC 9-1997, f. & cert. ef. 2-27-97; FWC 38-1997, f. & cert. ef. 6-17-97; FWC 71-1997, f. & cert. ef. 12-29-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 21-2000(Temp), f. 4-12-00, cert. ef. 4-12-00 thru 6-30-00; DFW 30-2000, f. & cert. ef. 6-14-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 47-2001, f. & cert. ef. 6-13-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 59-2002, f. & cert. ef. 6-11-02; DFW 3-2003, f. 1-17-03, cert. ef. 1-20-03; DFW 50-2003, f. & cert. ef. 6-13-03; DFW 122-2003, f. 12-4-03, cert. ef. 2-2-04; DFW 130-2003(Temp), f. & cert. ef. 12-24-03 thru 3-1-04; DFW 53-2004, f. & cert. ef. 6-16-04; DFW 123-2004, f. 12-21-04, cert. ef. 2-1-05; DFW 53-2005, f. & cert. ef. 6-14-05; DFW 130-2005, f. 12-1-05, cert. ef. 2-1-06; DFW 22-2006(Temp), f. & cert. ef. 4-7-06 thru 10-4-06; DFW 41-2006, f. & cert. ef. 6-14-06; DFW 124-2006, f. 12-7-06, cert. ef. 2-1-07; DFW 42-2007, f. & cert. ef. 6-14-07; DFW 117-2007, f. 10-31-07, cert. ef. 2-1-08; DFW 60-2008, f. & cert. 6-12-08; DFW 8-2009, f. & cert. ef. 2-3-09; DFW 66-2009, f. & cert. ef. 6-10-09; DFW 4-2010, f. 1-12-10, cert. ef. 2-1-10; DFW 83-2010, f. & cert. ef. 6-15-10; DFW 7-2011, f. 1-31-11, cert. ef. 2-1-11; DFW 62-2011, f. & cert. ef. 6-3-11; DFW 3-2012, f. 1-13-12, cert. ef. 2-1-12; DFW 58-2012, f. & cert. ef. 6-11-12; DFW 4-2013, f. 1-15-13, cert. ef. 2-1-13; DFW 53-2013, f. & cert. ef. 6-10-13; DFW 3-2014, f. & cert. ef. 1-22-14; DFW 63-2014, f. & cert. ef. 6-10-14; DFW 89-2014(Temp), f. & cert. ef. 7-7-14 thru 11-1-14; Administrative correction, 11-24-14; DFW 15-2015, f. & cert. ef. 2-26-15; DFW 69-2015, f. & cert. ef. 6-11-15: DFW 18-2016, f. & cert. ef. 3-21-16; DFW 46-2016(Temp), f. & cert. ef. 5-10-16 thru 11-1-16; DFW 81-2016, f. & cert. ef. 6-27-16

Or. Admin. R. 635-073-0001 Bowhunting Seasons

(1) Portions of the bowhunting areas are open for other hunting during specified periods listed under extended and controlled seasons.

(2) A bowhunter shall have on their person a hunting license and a valid tag while hunting in any of the bowhunting seasons listed in this section.

(3) A bowhunter possessing an elk bow tag is restricted to authorized elk bowhunting areas and seasons, and shall not hunt during the West Cascade, Coast, or Rocky Mountain elk Any Legal Weapon seasons.

(4) A bowhunter possessing a deer bow tag is restricted to authorized bowhunting areas and seasons and shall not hunt during any other general western Oregon deer or controlled buck seasons.

(5) The elk bow tag is the only tag valid in any bowhunting season open to elk hunting. The deer bow tag is the only tag valid in any bowhunting season open to deer hunting. Hunters with deer and/or elk tags may also possess tag(s) as provided in OAR 635-065-0015.

(6) White-tailed deer are protected in all units west of the eastern boundaries of the Santiam, McKenzie, Indigo, Dixon, and Rogue units except for the controlled hunts listed in the Oregon Big Game Regulations.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 162-2021, amend filed 10/12/2021, effective 10/12/2021
DFW 31-2021, amend filed 03/23/2021, effective 03/23/2021
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 53-2005, f. & cert. ef. 6-14-05
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 47-2001, f. & cert. ef. 6-13-01
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 26-1991, f. & cert. ef. 3-12-91
FWC 63-1990, f. & cert. ef. 6-21-90
FWC 71-1989, f. & cert. ef. 8-15-89
FWC 44-1988, f. & cert. ef. 6-13-88
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28-1983, f. & ef. 7-8-83
FWC 37-1982, f. & ef. 6-25-82, Renumbered from 635-065-0500
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 12-1979, f. & ef. 3-28-79
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-073-0005 Early General Bowhunting Seasons

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 37-2018, temporary amend filed 04/03/2018, effective 04/03/2018 through 09/29/2018
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 46-1993, f. & cert. ef. 8-4-93
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 51-1992, f. & cert. ef. 7-15-92
FWC 116-1991, f. & cert. ef. 9-30-91
FWC 89-1991(Temp), f. & cert. ef. 8-13-91
FWC 66-1991, f. & cert. ef. 6-24-91
FWC 26-1991, f. & cert. ef. 3-12-91
FWC 63-1990, f. & cert. ef. 6-21-90
FWC 71-1989, f. & cert. ef. 8-15-89
Reverted to FWC 44-1988, f. & cert. ef. 6-13-88
FWC 76-1988(Temp), f. & cert. ef. 8-26-88
FWC 44-1988, f. & cert. ef. 6-13-88
FWC 47-1987, f. & ef. 7-6-87
FWC 63-1986, f. & ef. 10-2-86
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28-1983, f. & ef. 7-8-83
FWC 37-1982, f. & ef. 6-25-82, Renumbered from 635-065-0505
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 33-1978, f. & ef. 6-30-78
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-073-0010 Late Western Oregon Deer Bowhunting Season

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 51-1992, f. & cert. ef. 7-15-92
FWC 66-1991, f. & cert. ef. 6-24-91
FWC 63-1990, f. & cert. ef. 6-21-90
FWC 71-1989, f. & cert. ef. 8-15-89
FWC 44-1988, f. & cert. ef. 6-13-88
FWC 47-1987, f. & ef. 7-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 47-1983, f. & ef. 9-21-83
FWC 28-1983, f. & ef. 7-8-83
FWC 37-1982, f. & ef. 6-25-82, Renumbered from 635-065-0550
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 33-1978, f. & ef. 6-30-78
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-073-0015 Late Eastern Oregon Deer Bowhunting Seasons

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 15-2015, f. & cert. ef. 2-26-15
DFW 63-2014, f. & cert. ef. 6-10-14
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 51-1992, f. & cert. ef. 7-15-92
FWC 116-1991, f. & cert. ef. 9-30-91
FWC 66-1991, f. & cert. ef. 6-24-91
FWC 63-1990, f. & cert. ef. 6-21-90
FWC 71-1989, f. & cert. ef. 8-15-89
FWC 44-1988, f. & cert. ef. 6-13-88
FWC 47-1987, f. & ef. 7-6-87
FWC 63-1986, f. & ef. 10-2-86
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28-1983, f. & ef. 7-8-83
FWC 37-1982, f. & ef. 6-25-82, Renumbered from 635-065-0525
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 33-1978, f. & ef. 6-30-78
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-073-0020 Controlled Western Oregon Elk Bowhunting Season

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 51-1992, f. & cert. ef. 7-15-92
FWC 26-1991, f. & cert. ef. 3-12-91
FWC 30-1990, f. & cert. ef. 3-21-90
FWC 71-1989, f. & cert. ef. 8-15-89
FWC 21-1989, f. & cert. ef. 3-28-89
FWC 44-1988, f. & cert. ef. 6-13-88
FWC 19-1988, f. & cert. ef. 3-10-88
FWC 11-1987, f. & ef. 3-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28-1983, f. & ef. 7-8-83
FWC 37-1982, f. & ef. 6-25-82, Renumbered from 635-065-0570
FWC 20-1981, f. & ef. 6-19-81
FWC 11-1981, f. & ef. 3-31-81
FWC 6-1981, f. & ef. 1-23-81
FWC 33-1980, f. & ef. 6-30-80
FWC 28-1979, f. & ef. 8-2-79
FWC 33-1978, f. & ef. 6-30-78
FWC 123, f. & ef. 6-9-77

Or. Admin. R. 635-073-0023 Controlled Eastern Oregon Elk Bowhunting Season

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
DFW 30-2000, f. & cert. ef. 6-14-00
DFW 21-2000(Temp), f. 4-12-00, cert. ef. 4-12-00 thru 6-30-00
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 54-1995, f. & cert. ef. 6-20-95
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 46-1993, f. & cert. ef. 8-4-93
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 51-1992, f. & cert. ef. 7-15-92
FWC 26-1991, f. & cert. ef. 3-12-91

Or. Admin. R. 635-073-0026 Controlled Deer Bow Hunts

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 54-1995, f. & cert. ef. 6-20-95
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 51-1992, f. & cert. ef. 7-15-92
FWC 26-1991, f. & cert. ef. 3-12-91
FWC 30-1990, f. & cert. ef. 3-21-90
FWC 71-1989, f. & cert. ef. 8-15-89
FWC 21-1989, f. & cert. ef. 3-28-89
FWC 44-1988, f. & cert. ef. 6-13-88
FWC 19-1988, f. & cert. ef. 3-10-88
FWC 11-1987, f. & ef. 3-6-87
FWC 35-1986, f. & ef. 8-7-86

Or. Admin. R. 635-073-0035 Controlled Muzzleloader Deer Hunts

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 30-2000, f. & cert. ef. 6-14-00
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 54-1995, f. & cert. ef. 6-20-95
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 46-1993, f. & cert. ef. 8-4-93
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 51-1992, f. & cert. ef. 7-15-92
FWC 26-1991, f. & cert. ef. 3-12-91
FWC 63-1990, f. & cert. ef. 6-21-90
FWC 30-1990, f. & cert. ef. 3-21-90
FWC 71-1989, f. & cert. ef. 8-15-89
FWC 21-1989, f. & cert. ef. 3-28-89
FWC 44-1988, f. & cert. ef. 6-13-88
FWC 19-1988, f. & cert. ef. 3-10-88
FWC 47-1987, f. & ef. 7-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28-1983, f. & ef. 7-8-83
FWC 38-1982, f. & ef. 6-25-82, Renumbered from 635-060-0465
FWC 22-1981, f. & ef. 6-29-81

Or. Admin. R. 635-073-0040 Controlled Muzzleloader Elk Seasons

[Reserved]

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 32-2001(Temp), f. and cert. ef. 5-2-01 thru 10-29-01
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 51-1992, f. & cert. ef. 7-15-92
FWC 26-1991, f. & cert. ef. 3-12-91, Renumbered from 635-073-0045
FWC 63-1990, f. & cert. ef. 6-21-90
FWC 30-1990, f. & cert. ef. 3-21-90
FWC 71-1989, f. & cert. ef. 8-15-89
FWC 44-1988, f. & cert. ef. 6-13-88
FWC 47-1987, f. & ef. 7-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 28-1983, f. & ef. 7-8-83
FWC 38-1982, f. & ef. 6-25-82

Or. Admin. R. 635-073-0050 Controlled Antlerless Deer Youth Hunts

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 42-2007, f. & cert. ef. 6-14-07
FWC 66-1991, f. & cert. ef. 6-24-91; FWC 51-1992, f. & cert. ef. 7-15-92; FWC 36-1993, f. & cert. ef. 6-14-93; FWC 46-1993, f. & cert. ef. 8-4-93; FWC 72-1993(Temp), f. 11-19-93, cert. ef. 11-20-93; FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94; FWC 40-1994, f. & cert. ef. 6-28-94; FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95; FWC 54-1995, f. & cert. ef. 6-20-95; FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96; FWC 35-1996, f. & cert. ef. 6-7-96; FWC 9-1997, f. & cert. ef. 2-27-97; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 30-2000, f. & cert. ef. 6-14-00; DFW 113 2001(Temp), f. & cert. ef. 12-13-01 thru 1-31-02; Administrative correction, 1-13-05; DFW 22-2006(Temp), f. & cert. ef. 4-7-06 thru 10-4-06; DFW 41-2006, f. & cert. ef. 6-14-06

Or. Admin. R. 635-073-0060 Controlled Antlerless Elk Youth Hunts

[Reserved]

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
Reverted to FWC 9-1997, f. & cert. ef. 2-27-97
DFW 120-2014(Temp), f. & cert. ef. 8-8-14 thru 8-29-14
Reverted to FWC 9-1997, f. & cert. ef. 2-27-97
DFW 130-2003(Temp), f. & cert. ef. 12-24-03 thru 3-1-04
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 35-1996, f. & cert. ef. 6-7-96
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 54-1995, f. & cert. ef. 6-20-95
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94
FWC 46-1993, f. & cert. ef. 8-4-93
FWC 36-1993, f. & cert. ef. 6-14-93

Or. Admin. R. 635-073-0065 Early Western Oregon Bowhunting Seasons

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 4-2013, f. 1-15-13, cert. ef. 2-1-13
DFW 3-2012, f. 1-13-12, cert. ef. 2-1-12
DFW 7-2011, f. 1-31-11, cert. ef. 2-1-11
DFW 4-2010, f. 1-12-10, cert. ef. 2-1-10
DFW 8-2009, f. & cert. ef. 2-3-09
DFW 117-2007, f. 10-31-07, cert. ef. 2-1-08
DFW 42-2007, f. & cert. ef. 6-14-07
DFW 41-2006, f. & cert. ef. 6-14-06
DFW 53-2005, f. & cert. ef. 6-14-05
DFW 53-2004, f. & cert. ef. 6-16-04

Or. Admin. R. 635-073-0070 Early Eastern Oregon Bowhunting Seasons

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 4-2013, f. 1-15-13, cert. ef. 2-1-13
DFW 3-2012, f. 1-13-12, cert. ef. 2-1-12
DFW 7-2011, f. 1-31-11, cert. ef. 2-1-11
DFW 4-2010, f. 1-12-10, cert. ef. 2-1-10
DFW 8-2009, f. & cert. ef. 2-3-09
DFW 117-2007, f. 10-31-07, cert. ef. 2-1-08
DFW 42-2007, f. & cert. ef. 6-14-07
DFW 41-2006, f. & cert. ef. 6-14-06
DFW 53-2005, f. & cert. ef. 6-14-05
DFW 53-2004, f. & cert. ef. 6-16-04
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 50-2003, f. & cert. ef. 6-13-03
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 59-2002, f. & cert. ef. 6-11-02
DFW 57-2001, f. & cert. ef. 7-6-01
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 71-1997, f. & cert. ef. 12-29-97
FWC 38-1997, f. & cert. ef. 6-17-97
FWC 9-1997, f. & cert. ef. 2-27-97

Or. Admin. R. 635-073-0076 Late Western Oregon Bowhunting Seasons

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 83-2010, f. & cert. ef. 6-15-10

Or. Admin. R. 635-073-0080 Controlled Muzzleloader Deer Hunt Regulations

Tags shall be issued by a controlled hunt drawing following the procedures established in OAR chapter 635, division 060. Except as provided in OAR-065-0015, a hunter successful in drawing one of the controlled muzzleloader deer tags shall not hunt in any general deer season or other 100 series hunts.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 47-2001, f. & cert. ef. 6-13-01
FWC 9-1997, f. & cert. ef. 2-27-97

Or. Admin. R. 635-073-0090 Controlled Antlerless Deer and Elk Youth Hunting Regulations

(1) General Regulations: Tags shall be issued by a controlled hunt drawing following the procedures established in OAR chapter 635, division 060. Hunters must be 12 to 17 years of age at the time they hunt. Any youth 13 years of age and under must be accompanied by an adult at least 21 years of age while hunting on property other than land owned by their parent or legal guardian. The adult must accompany not more than two juveniles. Juveniles must have a hunter education certificate or a Department document which includes their Hunter Education Certificate Number, a valid hunting license, and a controlled hunt permit valid for that area and time period in possession while hunting. A hunter successful in drawing one of the controlled 600 series deer youth hunt tags may hunt in any general deer season or controlled buck deer hunt, and as provided in OAR chapter 635, division 090; if possessing the proper tag for the area and time period being hunted.

(2) Except as provided in OAR 635-065-0015, a hunter successful in drawing a controlled antlerless elk youth hunt tag shall not hunt in any other elk season.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 31-2021, amend filed 03/23/2021, effective 03/23/2021
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 27-2019, amend filed 03/11/2019, effective 03/11/2019
Reverted to DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 108-2010(Temp), f. 7-29-10, cert. ef. 8-1-10 thru 8-27-10
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 42-2007, f. & cert. ef. 6-14-07
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 47-2001, f. & cert. ef. 6-13-01
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
FWC 9-1997, f. & cert. ef. 2-27-97

Or. Admin. R. 635-073-0100 Controlled Premium Hunt Regulations

(1) Tags shall be issued by a controlled hunt drawing following the procedures established in OAR chapter 635, division 060.

(2) “L” series Premium Hunt deer tags, “M” series Premium Hunt elk tags, and “N” series Premium Hunt pronghorn antelope tags are in addition to all other tags and permits approved by the commission. In addition to the number of deer, elk, and pronghorn antelope tags legally available to an individual, an individual is allowed one additional deer tag, one additional elk tag, and one additional pronghorn antelope tag annually provided these tags are Premium Hunt series tags.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 30-2024, amend filed 04/24/2024, effective 04/24/2024
DFW 21-2023, amend filed 03/15/2023, effective 03/15/2023
DFW 31-2021, amend filed 03/23/2021, effective 03/23/2021
DFW 25-2020, amend filed 03/09/2020, effective 03/09/2020
DFW 33-2018, amend filed 03/21/2018, effective 03/21/2018
DFW 81-2016, f. & cert. ef. 6-27-16
DFW 18-2016, f. & cert. ef. 3-21-16

Division 74 MENTORED YOUTH HUNTER PROGRAM

Or. Admin. R. 635-074-0000 Purpose

The purpose of these rules is to establish the process and requirements for participation in a mentored youth hunter program pursuant to ORS 497.360. The program is intended to introduce youth to hunting by deferring the requirement for hunter education for youth hunters under certain circumstances.

History

Statutory/Other Authority: ORS: 497.360
Statutes/Other Implemented: 497.360
DFW 69-2007, f. & cert. ef. 8-14-07

Or. Admin. R. 635-074-0005 Youth Participation

A youth may participate in the mentored youth hunter program, without first passing an approved hunter education program, provided the youth:

(1) Is nine through 15 years of age. At age 16, a youth is no longer eligible to participate in the mentored youth hunting program.

(2) Hunts while accompanied by a supervising hunter who is 21 years of age or older and who has a valid license and tag(s) for the dates, area and species being hunted.

(3) Registers for the mentored youth hunter program in a manner described by the department. Annual registration is required.

(4) Has in possession proof of registration as required by the department.

(5) Reviews and acknowledges understanding of material on safe hunting practices provided by the department.

(6) Follows all regulations regarding hunting in the given wildlife management unit, management area or location.

(7) Remains under the immediate control of the supervising hunter at all times while the youth is in possession of any legal weapon for the hunt.

History

Statutory/Other Authority: ORS: 497.360
Statutes/Other Implemented: ORS 497.360
DFW 153-2017, amend filed 12/19/2017, effective 01/01/2018
DFW 69-2007, f. & cert. ef. 8-14-07

Or. Admin. R. 635-074-0010 Supervising Hunter

The supervising hunter shall:

(1) Have a valid hunting license and tag(s) valid for the dates, area and species being hunted.

(2) Maintain immediate control of the mentored youth hunter at all times while the youth is in possession of any legal weapon for the hunt.

(3) Ensure that all Oregon hunting regulations are followed. The supervising hunter shall be responsible and accountable for all actions of the mentored youth hunter while engaged in hunting.

(4) Supervise only one mentored youth hunter at any given time while engaged in hunting.

(5) Review and acknowledge understanding of information on safe hunting practices provided by the department.

History

Statutory/Other Authority: ORS: 497.360
Statutes/Other Implemented: 497.360
DFW 69-2007, f. & cert. ef. 8-14-07

Or. Admin. R. 635-074-0015 Safety

While engaged in mentored youth hunting activities:

(1) The supervising hunter shall maintain immediate control of the mentored youth hunter at all times while the mentored youth hunter is in possession of any legal weapon for the hunt.

(2) The supervising hunter shall not accompany more than one mentored youth hunter at any given time while engaged in hunting.

(3) The supervising hunter and the mentored youth hunter shall not collectively possess more than one weapon legal for the hunt at any given time while engaged in hunting.

History

Statutory/Other Authority: ORS: 497.360
Statutes/Other Implemented: 497.360
DFW 69-2007, f. & cert. ef. 8-14-07

Or. Admin. R. 635-074-0020 Seasons and Bag Limits

(1) Any wildlife harvested by the mentored youth hunter shall be counted towards the supervising hunter’s bag limit.

(2) The mentored youth hunting program is not applicable to designated youth only seasons and hunts.

History

Statutory/Other Authority: ORS: 497.360
Statutes/Other Implemented: ORS 497.360
DFW 27-2019, amend filed 03/11/2019, effective 03/11/2019
DFW 153-2017, amend filed 12/19/2017, effective 01/01/2018
DFW 69-2007, f. & cert. ef. 8-14-07

Or. Admin. R. 635-074-0025 Mentored Youth Preference Point Program

Youth participating in the mentored youth hunting program will receive one mentored youth preference point for each year the youth registers for the program. The mentored youth preference points will be “banked” and held in the licensing system with no expiration date. To redeem banked points, the mentored youth will be required to fill out a form supplied by the department’s License Services Section that clearly states what species the mentored youth wants their mentored youth preference points moved to. Points must be used at one time and may not be split among species. Once Mentored Youth Preference Points are redeemed, they are converted to the Preference Point System and are subject to the Oregon Administrative Rules that govern preference points.

History

Statutory/Other Authority: ORS: 497.360
Statutes/Other Implemented: 497.360
DFW 69-2007, f. & cert. ef. 8-14-07

Division 75 LANDOWNER HUNTING PREFERENCE AND OUTFITTERS AND GUIDES TAG ALLOCATION

Or. Admin. R. 635-075-0000 Purpose

The purpose of these rules is to describe the procedures and requirements necessary for landowners and their immediate families to obtain landowner hunting preference tags pursuant to ORS 496.146(4) and 1995 Oregon Laws Chapter 460 (House Bill 2369) and to describe the process necessary for Outfitters and Guides to obtain certain hunting permits pursuant to ORS 496.151 (1997 House Bill 3387).

History

Statutory/Other Authority: ORS 496.012, 496.138 & 497.112
Statutes/Other Implemented: ORS 496.012, 496.138 & 497.112
DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
FWC 73-1997, f. & cert. ef. 12-29-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 7-1996, f. & cert. ef. 2-12-96
FWC 14-1990, f. & cert. ef. 2-2-90
FWC 45-1988, f. & cert. ef. 6-13-88

Or. Admin. R. 635-075-0001 Eligibility

A landowner as defined in OAR 635-045-0002 and immediate family as defined in 635-045-0002, owning 40 or more contiguous acres are eligible to receive landowner hunting preference tags for controlled 600 series deer, western Oregon buck deer, western Oregon elk, and eastern Oregon antlerless elk hunts and emergency hunts occurring on their property. To be eligible to receive landowner hunting preference tags for controlled eastern Oregon buck deer, eastern Oregon bull elk, either-sex elk hunts, and either-sex or doe/fawn pronghorn antelope hunts, occurring on their land, a landowner shall own 160 or more contiguous acres. For controlled hunts see OAR divisions 67, 68, 69, 70, 71, 73, and Emergency Hunts in division 78. Tags issued to landowners are in addition to the number of tags issued to the public and authorized in OAR divisions 67, 68, 69, 70, 71, 73, and 78, except as described in 635-075-0020.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 1-2015, f. & cert. ef. 1-6-15
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 47-1999, f. & cert. ef. 6-16-99
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 7-1996, f. & cert. ef. 2-12-96
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 10-1994, f. & cert. ef. 2-24-94
FWC 99-1992, f. & cert. ef. 9-25-92
FWC 14-1990, f. & cert. ef. 2-2-90
FWC 22-1989, f. & cert. ef. 3-28-89
FWC 98-1988, f. & cert. ef. 10-6-88
FWC 45-1988, f. & cert. ef. 6-13-88
FWC 20-1988, f. & cert. ef. 3-10-88
FWC 48-1987, f. & ef. 7-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 34-1984, f. & ef. 7-24-84
FWC 35-1982, f. & ef. 6-7-82

Or. Admin. R. 635-075-0003 Decision Standard for Suspension and Revocation from the LOP Program

(1) If a landowner as defined in OAR 635-045-0002 (or the landowner’s partner, member, manager, employee, or any person using an LOP tag provided by the landowner) is convicted of violation of the wildlife laws arising from participating in the LOP program, the Department may suspend that landowner from participating in the LOP program for three years, beginning upon issuance of a final order.

(a) When the Department suspends a landowner pursuant to paragraph (1), that suspension will include any and all properties associated with that landowner, including properties registered to the individual, as a partnership, or as a corporation, and the suspension will run for the same period of time as for the landowner.

(b) When the Department suspends a landowner pursuant to paragraph (1), the Department will also revoke any unused LOP tags previously issued for the landowner’s properties.

(2) Any landowner whose LOP program participation the Department proposes to suspend may request a contested case hearing within 14 days of notice of the proposed decision.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 62-2011, f. & cert. ef. 6-3-11
DFW 139-2008, f. & cert. ef. 10-30-08
DFW 131-2008, f. & cert. ef. 10-14-08

Or. Admin. R. 635-075-0005 Registration, Application and Tag Issuance Procedures and Limits for All Controlled Hunts

(1) A landowner shall submit a landowner preference registration form to be eligible for a landowner preference tag. A one-time fee of $35.00 is required at the time of registration for new program participants. A landowner can have only one registration on file with the Department. However, an individual who owns (through business entities, in the individual’s own name or a combination thereof) more than one property eligible for the landowner preference program may register each such property. The registration form is an affidavit certifying ownership, number of acres owned, the county and Wildlife Management Unit or Deer Hunt Area where the property is located. This registration form registers the individual and remains valid until the individual registered no longer qualifies as a landowner as defined under OAR 635-045-0002, notifies the Department requesting the registration form be deleted, or the Department notifies the landowner that a renewal is required (generally every three years). After six years of inactivity, a new registration and fees are required.

(2) In addition to having a landowner preference registration form on file with the Department, a landowner or an authorized designee identified by the landowner in writing to the Department shall provide the Department with the names of the landowner, stockholder(s), partner(s), and their immediate family members to receive tags for pronghorn antelope, and the names of the landowner, stockholder(s), partner(s), their immediate family members, and those persons of the landowners’ choosing to receive landowner preference tags for deer and elk. Named persons provided to the Department will remain listed for receiving landowner preference tags until the landowner or their authorized designee removes them from their list or requests the Department remove them.

(3) Registered landowners or their authorized designee shall provide names of tag recipients prior to the close of business the day before the hunt begins except registration forms and distribution forms must be submitted by close of business on May 15 for special seasons and mule deer hunts as described in ORS 635-075-0020 through 635-075-0022.

(4) Landowners or their designee shall use the Department’s electronic licensing system to maintain their list of named persons eligible to receive tags for hunting on the landowner’s registered property. Landowners or their designee may submit a written request that the Department make changes to the list with a fee of $2.00 charged per request form.

(5) The landowner preference registration shall be submitted by the landowner and approved by the Department prior to issuance of any landowner preference tag, except as provided for in OAR 635-075-0007. Landowners are not required to submit proof of ownership with their registration form. Landowners shall be required to submit proof of ownership at the request of the Department or the Oregon State Police acting on behalf of the Department.

(6) A landowner, stockholder(s), partner(s), and immediate family and those persons of the landowners’ choosing wishing to also apply for controlled hunt tags shall apply by the May 15 controlled hunt deadline. Listing a hunt choice other than a landowner preference choice is not required.

(7) Everyone shall follow controlled hunt application procedures and regulations as described in OAR Division 060.

(8) The number of landowner preference tags issued is based upon a landowner's acreage. Landowner Preference tags shall be allocated by the following minimum acreage requirements: (see attached table)

(9) Landowner preference tags for the hunting of deer or elk may be issued to any person of the landowner’s choosing, and shall be used for the taking of antlerless animals except as described in OAR 635-075-0005(10). Season dates of the transferred landowner preference tags shall be the same dates as the original tag.

(10) Landowner preference tags for the hunting of antlered deer or elk may be issued to a person of the landowner’s choosing who is not a member of the landowner’s, partner’s, or stockholder’s immediate family as follows:

(a) A landowner who is issued only one tag may not transfer that tag.

(b) A landowner who is issued two or more tags may transfer not more than 50 percent of the tags to a person who is not an immediate family member as defined in ORS 496.146 (4). If calculation of the number of tags eligible for transfer under the provisions of this paragraph results in a fraction, the Commission shall round up the number of tags to the next whole number.

(11) A landowner who is qualified to receive landowner hunting preference tags may request two additional tags for providing public access and/or two additional tags for wildlife habitat programs. This request shall be made to the Access and Habitat Board with supporting evidence that the access is significant, and the habitat programs benefit wildlife. The board may recommend that the commission grant the request. These tags may not be applied to the options as defined in OAR 635-075-0005(8).

(12) No one shall receive both a controlled hunt tag and a landowner preference tag for the same type of hunt. Landowner hunting preference tags shall not be issued to any person successful in the controlled hunt drawing for the same type of hunt.

(13) Landowner preference tags, except as described in OAR 635-075-0007, 635-075-0010, and 635-075-0015 shall only be authorized by the headquarters office of the Department following the controlled hunt drawings.

History

Statutory/Other Authority: SB 247 (2015), ORS 496.012, ORS 496.138, ORS 496.146 & ORS 496.162
Statutes/Other Implemented: SB 247 (2015), ORS 496.012, ORS 496.138, ORS 496.146 & ORS 496.162
DFW 91-2025, amend filed 09/19/2025, effective 09/19/2025
DFW 138-2022, amend filed 09/30/2022, effective 09/30/2022
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 69-2015, f. & cert. ef. 6-11-15
DFW 1-2015, f. & cert. ef. 1-6-15
DFW 63-2014, f. & cert. ef. 6-10-14
DFW 53-2013, f. & cert. ef. 6-10-13
DFW 19-2013(Temp), f. & cert. ef. 3-11-13 thru 9-6-13
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 66-2009, f. & cert. ef. 6-10-09
DFW 42-2009(Temp), f. 5-4-09, cert. ef 5-5-09 thru 10-31-09
DFW 131-2008, f. & cert. ef. 10-14-08
DFW 53-2005, f. & cert. ef. 6-14-05
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 47-1999, f. & cert. ef. 6-16-99
DFW 1-1999, f. & cert. ef. 1-14-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 38-1997, f. & cert. ef. 6-17-97
FWC 7-1996, f. & cert. ef. 2-12-96
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 14-1994(Temp), f. & cert. ef. 3-1-94
FWC 10-1994, f. & cert. ef. 2-24-94
FWC 99-1992, f. & cert. ef. 9-25-92
FWC 14-1990, f. & cert. ef. 2-2-90
FWC 98-1988, f. & cert. ef. 10-6-88
FWC 45-1988, f. & cert. ef. 6-13-88
FWC 20-1988, f. & cert. ef. 3-10-88
FWC 48-1987, f. & ef. 7-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 35-1982, f. & ef. 6-7-82

Or. Admin. R. 635-075-0007 Application and Tag Issuance Procedures and Limits for Emergency Hunts

(1) Landowner hunting preference tags for emergency hunts (see division 78) will be issued to landowners by department field staff.

(2) To qualify, the landowner shall sign an affidavit certifying ownership, number of acres owned, the county and wildlife management unit where the property is located, and the names of people to receive tags.

(3) A landowner, stockholder(s), partner(s), immediate family and those designated by the landowners may receive landowner hunting preference tags for emergency hunts. Tags are issued in addition to and under the same criteria as specified in OAR 635-075-0005(6). Emergency hunt landowner preference tags may not be exchanged for additional antlerless tags.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 7-1996, f. & cert. ef. 2-12-96
FWC 10-1994, f. & cert. ef. 2-24-94
FWC 99-1992, f. & cert. ef. 9-25-92

Or. Admin. R. 635-075-0010 Hunting Area Allowed With Landowner Hunting Preference Tags

(1) A landowner preference tag authorizes the recipient to hunt only on those lands owned and registered in the Landowner Preference Program by the landowner, and meeting the minimum acreage requirements for that hunt, during the season dates for which the tag is valid, except as provided for in OAR 635-075-0010(4) and (5).

(2) Except as provided in OAR 635-075-0010(7), landowner hunting preference tags are valid on the landowner's registered property in other controlled hunt areas provided the species, bag limits, and season dates are the same, and the landowner’s property in that area either:

(a) Meets the minimum acreage requirements for that hunt; or

(b) is contiguous to other property owned and registered by the landowner that, if added together, would meet the minimum acreage requirements for that hunt.

(3) A landowner receiving a landowner preference controlled buck deer hunt or controlled elk hunt tag may not hunt in any other controlled or general buck deer or elk season, except as provided in OAR division 090 and 635-073-0100 (Premium Hunts).

(4) When a landowner is qualified under landowner preference rules adopted by the Commission and the landowner or an immediate family member receives a deer or elk controlled hunt tag for that unit and has not harvested an animal, the landowner or immediate family member may use that tag to take an antlerless deer, except for white-tailed deer in Western Oregon, or elk before, during, or after the hunting season for which the tags are valid, when approved by the Department, to alleviate damage that is presently occurring to the landowner’s property.

(5) Each unfilled landowner preference deer tag may be transferred and used to take two antlerless animals, except for white-tailed deer in Western Oregon, before, during or after the hunting season for which the tags are valid, when approved by the Department, to alleviate damage that is presently occurring to the landowner’s property in accordance with the following criteria:

(a) Transfer must be done by an authorized representative of the Department for no charge;

(b) Tag(s) is/are to be transferred to someone of the landowner’s choice;

(d) Each tag may only be transferred once;

(e) Tags shall be issued for a period of no more than 30 days from the date of issuance, and end no later than March 31. A Department representative may reauthorize an unfilled tag to the same person for an additional 30 days if damage is presently occurring;

(f) Persons who have been successful in harvesting a buck and/or antlerless deer in a general and/or controlled hunt season (excluding “leftover” tags) are also eligible to receive one damage landowner preference deer tag in a fiscal year of July through June;

(g) Department personnel shall collect the appropriate fee for the second tag at time of transfer;

(6) Landowner preference pronghorn antelope tags may only be used during the authorized hunt season.

(7) Landowner hunting preference tags for other controlled hunt areas are not valid for use in the 254R1, 255R1, 256R1, 254Y1, 255Y1, 256Y1 hunt areas.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 117-2023, amend filed 12/21/2023, effective 12/22/2023
DFW 74-2023, temporary amend filed 07/27/2023, effective 07/27/2023 through 11/30/2023
DFW 114-2022, temporary amend filed 08/25/2022, effective 08/25/2022 through 01/31/2023
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 1-2015, f. & cert. ef. 1-6-15
DFW 63-2014, f. & cert. ef. 6-10-14
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
DFW 1-1999, f. & cert. ef. 1-14-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 38-1997, f. & cert. ef. 6-17-97
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 7-1996, f. & cert. ef. 2-12-96
FWC 5-1995, f. & cert. ef. 1-23-95
FWC 10-1994, f. & cert. ef. 2-24-94
FWC 99-1992, f. & cert. ef. 9-25-92
FWC 14-1990, f. & cert. ef. 2-2-90
FWC 45-1988, f. & cert. ef. 6-13-88
FWC 20-1988, f. & cert. ef. 3-10-88
FWC 48-1987, f. & ef. 7-6-87
FWC 35-1986, f. & ef. 8-7-86
FWC 43-1985, f. & ef. 8-22-85
FWC 35-1982, f. & ef. 6-7-82

Or. Admin. R. 635-075-0011 Oregon Landowner Damage Program

(1) This rule implements HB 2027A, through which the 2013 Legislative Assembly directed the Department to implement an Oregon Landowner Damage Program. As directed by statute, the program addresses damage caused by elk on privately owned lands in Oregon by granting damage tags to qualifying landowners.

(2) A "qualifying landowner" is:

(a) An individual, partnership, corporation, unincorporated association or other nongovernmental entity which;

(b) Owns, leases or rents land in Oregon; and

(A) Is (at the time of application) suffering damage from elk; or

(B) Has within the past five years suffered damage from elk and the Department has taken action to alleviate that damage; or

(3) "Damage" has the same definition as that in the "damage statute" (ORS 498.012): harm to land, livestock or agricultural or forest crops.

(4) This damage program operates in the same manner as the landowner preference tag program in OAR 635-075-0000 through 0030, except that:

(a) Damage program tags are limited to antlerless elk;

(b) Damage tags may be used to take elk only on property owned, leased or rented by the landowner or by a business entity that includes the landowner as a principal partner or shareholder;

(d) No more than five damage program tags may be valid at any one time on a particular property;

(e) Qualifying landowners may receive damage tags regardless of the size of their property. There is no minimum acreage requirement;

(f) Qualifying landowners may register for damage program tags at any time.

(g) The validity period (the time during which damage program tags may be used on a particular property) shall be negotiated between the Department's district biologist and the qualifying landowner;

(h) Each qualifying landowner receiving damage program tags must (within 10 days of a designated hunt period) report to the local Department district biologist the number of elk taken by the landowner with damage program tags;

(i) Damage program tags may be obtained from, and exchanged through, Department district biologists (rather than License Agents).

(j) Only persons who have not been successful in harvesting an elk in a general or controlled hunt season are eligible to receive one damage program elk tag in a fiscal year of July through June;

(k) The landowner and those receiving a transferred elk tag must surrender any original unfilled elk tag; or sign an affidavit stating the tag has been lost, stolen, or destroyed;

(l) Department personnel shall verify that the person(s) receiving tag(s) has a valid hunting license and has not been successful in harvesting an elk during current general or controlled seasons.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 497.112
Statutes/Other Implemented: ORS 496.012, 496.138 & 497.112
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 63-2014, f. & cert. ef. 6-10-14
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 110-2003, f. & cert. ef. 11-13-03

Or. Admin. R. 635-075-0015 Exchanging Landowner Preference Tags That Do Not Fall Under the Category of a Damage Situation

(1) The landowner hunting preference tag may be exchanged for another landowner hunting preference controlled hunt of the same hunt type provided the controlled hunt area includes the same landowner's property. For example, a landowner may exchange a landowner preference controlled bull tag for a landowner preference controlled antlerless elk tag.

(2) The landowner hunting preference tag, except controlled antlerless deer tag, may be exchanged for a general season tag.

(a) Tags must be exchanged prior to the season(s) for which such tags are valid.

(3) Landowners (635-045-0002) and immediate family (635-045-0002) currently listed on a landowner's tag distribution list may exchange a controlled hunt tag for an LOP tag before the opening date of the season for which either tag is valid.

(4) Exchanges may be made at the Salem headquarters or regional offices of the department for no charge.

(5) Landowner preference tag exchanges may be made for no charge at the Salem headquarters, regional, and district offices of the department, if the landowner is only exchanging his/her antlered tag for an antlerless tag for his/her own use. All other landowner preference tag exchanges may only be made at the Salem headquarters or regional offices of the department.

(6) Tags must be exchanged prior to the general or limited entry season in the landowner’s unit.

(7) Landowner preference tags for the hunting of pronghorn antelope may not be exchanged and may not be used for the taking of buck antelope.

(8) Landowner preference tags for the hunting of antlerless deer may not be used for taking of white-tailed deer in Western Oregon.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 1-1999, f. & cert. ef. 1-14-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 7-1996, f. & cert. ef. 2-12-96
FWC 14-1990, f. & cert. ef. 2-2-90

Or. Admin. R. 635-075-0020 Landowner Hunting Preference Tags in Special Seasons

(1)(a) Landowner hunting preference tags are not available for Premium Hunts (series L, M, and N) or the long duration youth elk hunts (August 1–December 31) or the Melrose 223T (August 1–March 31) youth elk hunt.

(b) During controlled elk hunts with a bag limit of spike or better in units where the usual bag limit for bull elk is spike only, landowner hunting preference tags may be limited to five tags or 10 percent of the total controlled hunt tags whichever is greater; the bag limit for these elk tags shall be spike or better.

(c) In the following hunts LOP tags will be limited to five tags or 10% of the total controlled hunt tags, whichever is greater: elk hunts; 254R1, 254Y1, 255R1, 255Y1, 256R1 and 256Y1: buck deer hunts; 112, 122, MC101-2, MC102-2, JK101-1, FX103-1, NE106-1, and JT101R-1.

(2) If landowner preference tags remain from the controlled hunts described in 635-075-0020(1)(b) after the game mammal controlled hunt drawing, the Department will issue remaining tags to qualified landowners as described in 635-075-0024.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 91-2025, amend filed 09/19/2025, effective 09/19/2025
DFW 117-2023, amend filed 12/21/2023, effective 12/22/2023
DFW 183-2021, amend filed 12/30/2021, effective 12/30/2021
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 48-2017, f. & cert. ef. 4-24-17
Reverted to DFW 18-2016, f. & cert. ef. 3-21-16
DFW 131-2016(Temp), f. 9-29-16, cert. ef. 9-30-16 thru 3-15-17
DFW 18-2016, f. & cert. ef. 3-21-16
DFW 69-2015, f. & cert. ef. 6-11-15
DFW 1-2015, f. & cert. ef. 1-6-15
DFW 63-2014, f. & cert. ef. 6-10-14
DFW 83-2010, f. & cert. ef. 6-15-10
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 4-2003, f. 1-17-03, cert. ef. 4-1-03
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 40-1994, f. & cert. ef. 6-28-94
FWC 10-1994, f. & cert. ef. 2-24-94

Or. Admin. R. 635-075-0022 Landowner Hunting Preference Tags for Mule Deer

(1) This rule further implements HB 2027A whereby the 2013 Legislative Assembly directed the Department through the commission to specify a formula that bases the number of landowner preference tags available for mule deer on the management, research, and habitat needs set forth in the wildlife management plan for mule deer.

(2) For purposes of this rule, the population management objectives (MOs) for each mule deer herd range that were adopted by the commission in June 2024 are considered representative of the management, research, and habitat needs for mule deer.

(3) The formula to determine the number of landowner hunting preference tags available for buck mule deer in a mule deer herd range is as follows:

(a) In those mule deer herd ranges where, based on the criteria in Oregon’s Mule Deer Management Plan (2024), the department determines that the estimated mule deer population and average annual population change over 5-years result in a herd range concern level of Extreme, Very High, or High, the number of landowner hunting preference tags available for buck deer in that unit may be limited to five tags or 15 percent of the total controlled buck tags authorized for the public for each hunt in that unit by the commission, whichever is greater.

(b) In the Helix (HX-01), Jackknife (JK-01), North Blues 01 (NB-01), North Blues 02 (NB-02), and Northeast 03 (NE-03) deer hunt areas, and deer hunt areas within those mule deer herd ranges where the estimated mule deer population and average annual population change over 5-years results in a herd range concern level of Moderate or Low, the number of landowner hunting preference tags available for buck mule deer in that deer hunt area may be issued based upon a landowner's acreage as set forth in 635-075-0005(8).

(c) If conditions such as but not limited to disease or harsh winter weather occur, resulting in adoption of a Temporary OAR to reduce 100 Series mule deer tags by equal to or more than 25% from the number authorized by the Commission in areas listed or described in 635-075-0022(3)(c), Limited Landowner Preference mule deer tags in those areas may be limited as described in 635-075-0022(3)(b).

(4) If landowner preference tags remain from the controlled hunts described in 635-075-0022(3)(a) or (b) after the game mammal controlled hunt drawing, the Department will issue remaining tags to qualified landowners as described in 635-075-0024.

History

Statutory/Other Authority: ORS 496.138, 496.012, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.138, 496.012, 496.146 & 496.162
DFW 6-2026, amend filed 01/22/2026, effective 01/22/2026
DFW 91-2025, amend filed 09/19/2025, effective 09/19/2025
DFW 80-2024, amend filed 09/16/2024, effective 09/16/2024
DFW 110-2023, amend filed 10/24/2023, effective 10/24/2023
DFW 183-2021, amend filed 12/30/2021, effective 12/30/2021
DFW 71-2021, temporary amend filed 06/09/2021, effective 06/09/2021 through 12/01/2021
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 67-2020, temporary amend filed 06/09/2020, effective 06/09/2020 through 12/01/2020
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 60-2017(Temp), f. & cert. ef. 5-16-17 thru 11-10-17
DFW 48-2017, f. & cert. ef. 4-24-17
DFW 27-2017, f. & cert. ef. 3-21-17
Reverted to DFW 81-2016, f. & cert. ef. 6-27-16
DFW 131-2016(Temp), f. 9-29-16, cert. ef. 9-30-16 thru 3-15-17
DFW 81-2016, f. & cert. ef. 6-27-16
DFW 69-2015, f. & cert. ef. 6-11-15
DFW 1-2015, f. & cert. ef. 1-6-15

Or. Admin. R. 635-075-0024 Issuing Leftover Limited Landowner Hunting Preference Tags

(1) If landowner preference tags remain from the controlled hunts described in 635-075-0020(1)(b) and 635-075-0022(3)(a) after the game mammal controlled hunt drawing, the Department will issue remaining tags to qualified landowners in the following manner:

(a) The tags shall be issued on a first-come, first-served basis.

(b) The Department will set the time, date, and any constraints (i.e., online or through License Agents only) for the sale of the tags.

(c) Only landowners who still have tags available for allocation on their property as set forth in 635-075-0005 (8) may apply for and receive tags remaining in the quota. Such a tag may be for the landowner or for someone other than the landowner listed on their tag distribution form.

(d) Limited landowner tags from the quota are not an additional hunting opportunity for the landowner or hunter.

(A) If the hunter has a general elk season or 200 Series controlled hunt tag, they are not eligible to receive a tag for a hunt described in 635-075-0020(1)(b) with limited landowner elk tags.

(B) If the hunter has a general deer season or 100 Series controlled hunt tag, they are not eligible to receive a tag for a hunt described in 635-075-0022(3)(a) with limited landowner deer tags.

(2) For the purposes of OAR 635-075-0020(2) and 635-075-0022(3), "qualified landowner" is a landowner who registered their land through the landowner preference program for the Wildlife Management Unit or Deer Hunt Area which includes the controlled hunt and who has a current tag distribution form filed with the Department.

(3) A hunter who received a tag of his or her choice through the original game mammal controlled hunt drawing process may exchange that tag for a remaining tag in the first-come, first-served process while tags remain available. Tag purchases and exchanges may be obtained only through ODFW Salem Headquarters and must be made before the start of the seasons for which the tags are issued. Tag exchange fees as provided in OAR 635-010-0019 apply. The tag being exchanged shall not be reissued.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.151 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.151 & 496.162
DFW 91-2025, amend filed 09/19/2025, effective 09/19/2025
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 48-2017, f. & cert. ef. 4-24-17

Or. Admin. R. 635-075-0025 Outfitters and Guides Nonresident Tag Allocation

(1) Eligibility: Outfitters and Guides must be registered pursuant to ORS 704 prior to making application for big game tags described herein.

(2) The Outfitters and Guides nonresident tags allocated shall be based on one half the nonresident tags drawn in the previous year from the standard first drawing determined by hunt number for series 100, 200, and 600 as described in OAR 635-060-005 and 635-068-0000 through 635-071-0000.

(a) Prior to November 1 of each year, the Department shall publish a list of tags available for allocation based on nonresident tags drawn in the annual June drawing.

(b) In the event of new hunts, no Outfitter and Guide tags will be allocated for that year for those hunts, except for unit wide hunts that are split will have tags reapportioned for the new hunts.

(d) The Commission may revoke or refuse to issue all or any portion of the permits based upon a commission finding of an emergency situation or for a biological need. In the event of a tag number reduction of 50% or more for the current hunt year, Outfitter and Guide tags will be reduced proportionately to the overall tag reduction. Tags will be reallocated based on the application draw number.

(e) For the purposes of these rules, "emergency situation or biological needs" is defined as a situation in which harvest mortality above a prescribed level would significantly jeopardize the department's ability to meet sex ratio or population management objectives for a wildlife management unit or subunit.

(f) Notwithstanding subsection 2 of this rule, due to the modification of eastern Oregon deer hunts and hunt areas following the Mule Deer Management Plan (2024), tags allocated for Outfitters and Guides in 2026 for each eastern Oregon 100 series and 600 series deer hunts shall be as shown in Table 1 (attached).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 496.012, 496.138 & 497.112
Statutes/Other Implemented: ORS 496.012, 496.138 & 497.112
DFW 91-2025, amend filed 09/19/2025, effective 09/19/2025
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 18-2016, f. & cert. ef. 3-21-16
DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
DFW 47-1999, f. & cert. ef. 6-16-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 73-1997, f. & cert. ef. 12-29-97

Or. Admin. R. 635-075-0026 Application Requirements

(1) A valid controlled hunt Outfitter and Guide application shall be purchased from the Department. The purchase price of the application is $30.00 (plus a $2.00 agent fee) per specific hunt number applied for regardless of the number of tags applied for.

(a) No more than 50% of the available tags for a specific hunt number and species may be applied for, except in cases where only one person applies for tags and/or an odd number of tags exists in particular hunt.

(b) Tags will only be issued for specific hunt units in which the Outfitter and Guide is certified and in which the Outfitter and Guide is eligible to obtain a federally issued Special Recreation Permit or provides proof of a private land lease.

(c) When physically accompanying a client on an Outfitter and Guide Hunt on federal lands, Outfitter and Guides must be in possession of a valid federally issued Special Recreation/Use Permit and comply with the conditions and requirements of the permit. For purposes of this rule, “Outfitter and Guide Hunt” has the meaning provided in OAR 635-045-0002(51).

(d) Applications must be complete and include such information as required which will include the six-digit State Marine Board Registration number required under ORS 704.020 or they may be disqualified from the tag allocation drawing.

(e) Applications, along with the proper fees, must be received by midnight December 1, of each year, at the Department headquarters office. Applications received after the specified deadline dates shall be disqualified.

(2) No outfitter or guide may receive more than 25 tags per year for any single species of big game from the December Outfitter and Guide tag drawing. Tags received in the first-come, first-serve remaining tag process are in addition to tags drawn by an outfitter and guide in the December Outfitter and Guide tag drawing.

History

Statutory/Other Authority: SB 247 (2015), ORS 496.012, ORS 496.138, ORS 497.112 & ORS 496.151
Statutes/Other Implemented: SB 247 (2015), ORS 496.012, ORS 496.138, ORS 497.112 & ORS 496.151
DFW 105-2025, amend filed 10/31/2025, effective 10/31/2025
DFW 114-2023, temporary amend filed 11/21/2023, effective 11/21/2023 through 01/15/2024
DFW 138-2022, amend filed 09/30/2022, effective 09/30/2022
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 16-2019, amend filed 02/04/2019, effective 02/04/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 122-2017, amend filed 09/21/2017, effective 09/21/2017
DFW 18-2016, f. & cert. ef. 3-21-16
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 6-2006, f. & cert. ef. 1-25-06
DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06
Reverted to DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 114-2004(Temp), f. & cert. ef. 11-23-04 thru 5-20-05
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 47-1999, f. & cert. ef. 6-16-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 73-1997, f. & cert. ef. 12-29-97

Or. Admin. R. 635-075-0029 Tag Purchasing Requirements

(1) The department will notify outfitters and guides of the drawing results by December 31 of each year.

(2) On or before March 31 of each year Outfitters and Guides who are successful in the drawing must:

(a) Submit to the department the names, addresses, and ODFW ID number of the nonresidents for whom tags are to be issued, if that information is available.

(b) Tags purchased for unnamed clients are subject to the price and time limits set forth in OAR 635-075-0035 (3)(a) and (b).

(c) Submit to the department all required fees. Outfitters and guides must submit all fees; they will not be accepted from nonresident applicants to whom the tags will be issued. The department shall not issue a tag to any person who does not have a valid nonresident Oregon hunting license. NOTE: Fees for Outfitter and Guides tags are described in ORS 497.112. No later than July 31 the department will issue all requested tags from the December drawing for which the outfitters and guides, and the nonresident applicants, have met requirements.

History

Statutory/Other Authority: ORS 496.012, 496.138, 497.112 & 496.151
Statutes/Other Implemented: ORS 496.012, 496.138, 497.112 & 496.151
DFW 110-2023, amend filed 10/24/2023, effective 10/24/2023
DFW 138-2022, amend filed 09/30/2022, effective 09/30/2022
DFW 32-2020, temporary amend filed 03/24/2020, effective 03/24/2020 through 08/01/2020
DFW 16-2019, amend filed 02/04/2019, effective 02/04/2019
DFW 6-2006, f. & cert. ef. 1-25-06
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
Reverted to DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 27-2003(Temp), f. & cert. ef. 3-28-03 thru 6-6-03
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 47-1999, f. & cert. ef. 6-16-99
DFW 49-1998, f. & cert. ef. 6-22-98
FWC 73-1997, f. & cert. ef. 12-29-97

Or. Admin. R. 635-075-0030 Tag Limitations

(1) Tags issued in the above described allocation process are for nonresident hunters only. Outfitter and Guides and their immediate families (as described in OAR 635-045-0002) or their employees are not eligible to receive or use tags described in this allocation process for personal use, when that Outfitter and Guide made the original application.

(2) Tags issued under this allocation process are valid only when the hunter is being guided by the Outfitter and Guide or their employee who made the original application as described above in an "Outfitter and Guide Hunt" as defined in 635-045-0002.

(3) Tags shall not be transferred among Outfitter and Guides or among hunters and the Outfitter and Guide who drew the tag must have a federally issued special use permit for the area where they are guiding when guiding on federal land.

(4) Tags issued to an Outfitter and Guide will be revoked if at any time the Marine Board revokes or denies a registration or certification. Refunds for tags will be issued to Outfitter and Guides only.

(5) When the commission reduces allocated tags, refunds for tags only will be issued to Outfitter and Guides who were not selected in the reallocation process.

History

Statutory/Other Authority: ORS 496.012, 496.138, 497.112 & 496.151
Statutes/Other Implemented: ORS 496.012, 496.138, 497.112 & 496.151
DFW 105-2025, amend filed 10/31/2025, effective 10/31/2025
DFW 16-2019, amend filed 02/04/2019, effective 02/04/2019
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 73-1997, f. & cert. ef. 12-29-97

Or. Admin. R. 635-075-0035 Remaining Tags

(1) Any remaining Outfitter and Guide tags not sold on or before March 31st will become available on a first-come, first-serve basis. The Department will publish a list of available tags two business days after March 31st.

(2) First-come, first-serve tags will become available for purchase starting at 8:00 AM on the third business day after March 31st and ending at 5:00 PM on April 15th. Any applications received prior to 8:00 AM on the third business day after March 31st will not be accepted.

(3) Up to five first-come, first-serve tags can be sold to outfitters and guides for unnamed clients.

(a) The non-refundable tag fee for unnamed client tags is the same as stipulated for Guide Tag - Deer and Guide Tag - Elk in Oregon Revised Statue 497.061.

(b) The deadline to identify a hunter for tags sold with unnamed clients is one week before the hunt begins.

(4) An unlimited number of first-come, first-serve tags can be sold to an outfitter or guide when the client is identified.

(5) Any unsold Outfitter and Guide Tags remaining after 5:00 PM on April 15th will be included in the June public controlled hunt drawing.

History

Statutory/Other Authority: SB 247 (2015), ORS 496.012, 496.138 & 497.112
Statutes/Other Implemented: ORS 496.012, 496.138 & 497.112
DFW 107-2025, amend filed 11/25/2025, effective 12/01/2025
DFW 32-2020, temporary amend filed 03/24/2020, effective 03/24/2020 through 08/01/2020
DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019
DFW 169-2018, temporary amend filed 10/26/2018, effective 10/26/2018 through 04/23/2019
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 6-2006, f. & cert. ef. 1-25-06

Or. Admin. R. 635-075-0040 Participation in Guided Hunts

(1) No person(s) shall compensate any individual(s) for outfitting and guiding services as defined in ORS 704.010(5) unless the individual receiving compensation is registered by the Oregon State Marine Board as an Outfitter and Guide as defined in ORS 704.010(4). This rule does not apply to any person who is authorized to enforce the wildlife laws and is conducting official business.

(2) Except as provided in ORS 704.010, only a person who is registered by the Oregon State Marine Board to be an Outfitter and Guide may receive compensation for outfitting and guiding services.

History

Statutory/Other Authority: ORS 496.012, ORS 496-138, ORS 497.112 & ORS 496.151
Statutes/Other Implemented: ORS 496.012, ORS 496-138, ORS 497.112 & ORS 496.151
DFW 16-2019, adopt filed 02/04/2019, effective 02/04/2019

Division 78 EMERGENCY HUNTING REGULATIONS

Or. Admin. R. 635-078-0001 Emergency Hunt List (Commission Approval)

After first determining that acute game mammal or wild turkey damage to agricultural or other resources is occurring and that an emergency exists requiring more than 50 hunters, temporary rules shall be adopted in accordance with ORS Chapter 183 establishing:

(1) Open periods for taking game mammals or wild turkey in areas designated by the commission;

(2) Manner of taking game mammals or wild turkey;

(3) Numbers and sex to be taken.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 131-2004, f. 12-21-04, cert. ef. 4-1-05
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 47-1999, f. & cert. ef. 6-16-99
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 5-1995, f. & cert. ef. 1-23-95
FWC 52-1992, f. & cert. ef. 7-15-92
FWC 35-1986, f. & ef. 8-7-86
FWC 7-1986, f. & ef. 2-19-86
FWC 34-1984, f. & ef. 7-24-84
Renumbered from 635-060-0800, FWC 23-1982, f. & ef. 4-1-82

Or. Admin. R. 635-078-0005 Emergency Hunt List (Director's Approval)

(1) After determining that acute game mammal or wild turkey damage to agriculture or other resources is occurring, or that a positive wildlife disease detection requires additional sampling or population reductions, and that an emergency exists requiring an immediate response using no more than 50 hunters to alleviate the damage situation or address disease monitoring or management, the commission authorizes the director to issue permits and tags for taking pronghorn antelope, deer, elk, or wild turkey in designated areas from August 1 to March 31; and taking cougar (mountain lion) and black bear in designated areas all year. For any such hunt, the director shall specify:

(a) The manner of taking game mammals or wild turkey.

(b) Numbers and sex to be taken.

(2) The director shall notify the commission of the results of any hunts set forth in section (1) of this rule.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 80-2024, amend filed 09/16/2024, effective 09/16/2024
DFW 131-2004, f. 12-21-04, cert. ef. 4-1-05
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 52-1992, f. & cert. ef. 7-15-92
FWC 35-1986, f. & ef. 8-7-86
FWC 7-1986, f. & ef. 2-19-86
FWC 34-1984, f. & ef. 7-24-84

Or. Admin. R. 635-078-0008 District Emergency Hunts

(1) Upon determination that acute game mammal or wild turkey damage to agriculture or other resources is occurring, or a positive wildlife disease detection requires additional sampling or population reductions, and that an emergency exists requiring an immediate response to alleviate the damage situation or address disease monitoring or management, the commission authorizes district wildlife biologists to issue permits and tags for taking pronghorn antelope, deer, elk, or wild turkey in designated areas from August 1 to March 31; and taking cougar (mountain lion) and black bear in designated areas all year. For any such hunt, the director shall specify:

(a) The manner of taking game mammals or wild turkey.

(b) Numbers and sex to be taken.

(2) Districts are authorized to use no more than 250 hunters in aggregate, per county to alleviate emergency damage between August 1–March 31 annually. Additional hunters must be authorized by the Director or the Commission.

(3) The director shall notify the commission of the results of any hunts set forth in section (1) if this rule.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 80-2024, amend filed 09/16/2024, effective 09/16/2024
DFW 131-2004, f. 12-21-04, cert. ef. 4-1-05
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02
DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00
DFW 1-1999, f. & cert. ef. 1-14-99
FWC 9-1997, f. & cert. ef. 2-27-97
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 46-1993, f. & cert. ef. 8-4-93
FWC 52-1992, f. & cert. ef. 7-15-92
FWC 15-1992, f. 3-10-92, cert. ef. 3-13-92 (and corrected 3-13-92)

Or. Admin. R. 635-078-0011 Determining Eligibility

(1) The method of determining who shall be eligible to participate in the emergency hunts set forth in section (1) of this rule shall be as follows:

(a) Hunters who wish to be eligible for emergency hunts shall have their names placed on the emergency hunt list for the county in which they wish to hunt: the list is to be effective for one year. Each hunter must have a valid hunting license. Each hunter less than 18 years of age shall be accompanied by a responsible adult (21 years of age or older) when hunting. Applications will be accepted and kept on file at the headquarters office of the Department of Fish and Wildlife, 4034 Fairview Industrial Dr. SE, Salem, OR, 97302. Beginning July 1 of each year, the hunter's name will be placed on the eligible list. No fee is required for applicants to be placed on the emergency hunt list. Applications may be made on a form available at Department offices and up to two hunters may apply on the form as a party. Each applicant shall list their name, address and telephone number where they can be contacted and the county for which they are applying.

(b) At such time as the Department determines that a need for such emergency hunt exists, those numbers of hunters for which permits are available shall be notified to obtain their permits from regional or district office of the Department. Hunt lists will be prioritized by a random sort of the applications received during July of each year. Applications received after July 31 each year will be prioritized as received.

(2) It is unlawful to take game mammals or wild turkey in and during the emergency hunt set forth in section (1) of this rule without having an emergency hunt permit/tag authorized for the species, area, and season on one's person.

(3) Upon killing a game mammal or wild turkey pursuant to these rules, the hunter shall immediately notify the local Department representative (or designee), and pay the appropriate fee for the tag required. Unfilled tags must be returned to the issuing office within five business days after the closing date of the hunt printed on the tag.

(4) Eligibility and fees for such tags shall be the same as the tag fees established by species in ORS 497.112.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020
DFW 69-2015, f. & cert. ef. 6-11-15
DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13
DFW 22-2012, f. 3-14-12, cert. ef. 4-1-12
DFW 53-2005, f. & cert. ef. 6-14-05
DFW 131-2004, f. 12-21-04, cert. ef. 4-1-05

Division 79 APPOINTING BLACK BEAR AND/OR COUGAR AGENTS

Or. Admin. R. 635-079-0000 Purpose

These rules implement HB 2971, enacted by the 2007 Legislative Assembly, which authorized appointment of agents, subject to the Department’s direction and control, to assist the Department in its official duties by pursuing black bear and/or cougar with dogs. These rules authorize two classes of agents:

(1) volunteer agents; and

(2) private contractors hired by the Department on personal services contracts — for responding to specific conflict or management actions consistent with the Oregon cougar and bear management plans and/or to work on specific research projects.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 498.164
Statutes/Other Implemented: HB 2971 (Ch.143 & OL 2007)
DFW 12-2008, f. & cert. ef. 2-21-08

Or. Admin. R. 635-079-0005 Selection

(1) Any person applying for appointment as a black bear and/or cougar agent for the Department must submit a completed volunteer application form providing at least the following:

(a) The person’s name, contact information and employment history;

(b) A detailed description of the person’s experience in pursuing or hunting wildlife with dogs;

(c) A detailed description of the person’s experience with firearms, first aid and the use of all-terrain vehicles, four wheel drive pickups, and snowmobiles;

(d) Consent to run a criminal records check on the person, including a fingerprint check;

(e) A detailed description of the person’s tracking dogs, including their training history, licensing status, canine immunization records, and the locations, timing and species of wildlife the dogs have pursued;

(g) A current certified copy of his or her motor vehicle records; and

(g) A detailed description of available equipment that can be used while pursuing or hunting cougar or bear with dogs.

(2) The Department shall review the person’s application materials, run state and national criminal records checks on the person, hold an in-person interview, and determine whether the person meets the following criteria:

(a) Is not awaiting prosecution for and has not been convicted of any felony or any violation of the animal cruelty, animal abuse, or domestic abuse laws;

(b) Is not awaiting prosecution for and has not been convicted of a wildlife violation involving the illegal take of wildlife;

(d) Is not awaiting prosecution for and has not been convicted of any wildlife violation involving the use of dogs;

(e) Is not awaiting prosecution for and has not been convicted of any violation involving illegal drugs or alcohol abuse;

(f) Has not had his or her hunting or fishing license suspended for a wildlife violation;

(g) Would be available to respond to assignment by the Department;

(h) Is skilled in the safe use of firearms, all terrain vehicles, four wheel drive pickups, and snowmobiles;

(i) Has a basic understanding of first aid;

(j) Understands and respects basic principles of wildlife management; and

(k) Currently holds an Oregon driver’s license.

(3) The Department will consider the experience level of the person for each of the criteria listed in paragraph (2) and will use that information to select individuals suitable for appointment as an agent.

(a) The Department will review any violations on the person’s record.

(b) The Department retains discretion to determine how many agents to appoint and which applicants would best represent the state of Oregon.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 498.164
Statutes/Other Implemented: HB 2971 (Ch.143 & OL 2007)
DFW 12-2008, f. & cert. ef. 2-21-08

Or. Admin. R. 635-079-0010 Appointment

(1) To appoint a person as an agent under these rules, the Department and the person must enter into a signed agreement which (at minimum):

(a) Obligates the person to act on the Department’s behalf and subject to the Department’s direction and control;

(b) Limits the person, when acting on the Department’s behalf, to implementing the Department’s specific management programs, consistent with the Commission’s black bear management plan or Commission’s cougar management plan;

(c) Prohibits the person from engaging in any other hunting or pursuit while pursuing black bear or cougar on the Department’s behalf;

(d) Obligates the person to promptly inform his or her Department supervisor of any arrest, citation or conviction since application. The appointment is automatically suspended pending disposition of any arrest or citation;

(e) Automatically terminates the appointment if the person is convicted of a felony or any violation of animal cruelty, animal abuse, or domestic abuse laws; the person is convicted of any violation involving illegal drugs or alcohol abuse; the person is convicted of any violation of the wildlife laws; or if the person can no longer legally operate motor vehicles in Oregon;

(f) Automatically terminates the appointment if the Department determines that the person is not trustworthy, fails to carefully obey all directions from the Department, or engages in conduct that reflects poorly on the Department;

(g) Authorizes the person to pursue black bear and/or cougar with dogs at the direction of the Department and in an official capacity; and

(h) Obligates the person to follow all applicable safety and health rules while operating on the Department’s behalf.

(2) An agreement with a volunteer agent shall not authorize payment of any compensation or wages to the agent except for the following:

(a) The Department may compensate the agent for vehicle fuel cost incurred while acting for the Department; and

(b) The Department may compensate the agent for dog related expenses incurred while acting for the Department.

(3) An agreement with a person as a private contractor to assist the Department with black bear and/or cougar pursuit using dogs shall provide compensation as per state contracting requirements.

(4) Before pursuing black bear or cougar on the Department’s behalf, each agent shall complete an information and training session conducted by the Department. The session shall cover, at a minimum:

(a) Requirements for use of pursuit dogs, firearms, all terrain vehicles and snowmobiles;

(b) A code of conduct for volunteers working on the Department’s behalf;

(d) Identification of specific areas and boundaries where activities will be conducted; and

(e) Identification of specific timing of when activities will be conducted for the Department.

(5) All activities of agents will be reviewed at least annually.

(6) All agreements and contracts with agents will be available for public review at the Department’s main office in Salem.

(7) The Department may terminate appointment of any individual as an authorized volunteer or private contractor agent at any time or for any reason if it determines that the appointment no longer is in the best interest of the state of Oregon. Appointment as an agent conveys no rights or privileges other than those specifically outlined in the agreement or contract, all of which rights or privileges terminate immediately upon termination of the appointment of the agent.

History

Statutory/Other Authority: ORS 496.012, 496.138 & 498.164
Statutes/Other Implemented: HB 2971 (Ch.143 & OL 2007)
DFW 12-2008, f. & cert. ef. 2-21-08

Division 80 WILDLIFE UNITS

Or. Admin. R. 635-080-0000 Wildlife Units

For the purpose of managing Oregon's wildlife, the State has been divided into separate described areas. These areas are called wildlife units. Whenever reference is made to a unit by name or designated number in any rule of the department, the area description provided in division 080 shall apply, unless otherwise specified by the given rule. Areas described within a Wildlife Unit as a subunit are also described by a number which includes the Wildlife Unit number as its last two digits.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 35-1986, f. & ef. 8-7-86
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0010 Saddle Mountain Unit

The Saddle Mountain Unit, Number 10, is that area beginning at the mouth of Columbia River, east along state line to mouth of Clatskanie River; south along Clatskanie River to town of Clatskanie; south on State Highway 47 to Timber-Vernonia Highway; southwest on Timber-Vernonia Highway to U.S. Highway 26; northwest on U.S. Highway 26 to State Highway 53 at Necanicum Junction; southwest on State Highway 53 to North Fork Nehalem River; southwest along North Fork Nehalem River and north shoreline of Nehalem Bay to Pacific Ocean; north along Pacific Ocean coastline to state line at mouth of Columbia River, point of beginning.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0011 Scappoose Unit

The Scappoose Unit, number 11, is that area beginning at Vernonia; northeast on State Highway 47 to Clatskanie; north along Clatskanie River to state line in Columbia River; southeast along state line to Willamette River; southwest along Willamette River to Multnomah Channel; northwest along Multnomah Channel to U.S. Highway 30 at Sauvie Island bridge; northwest on U.S. Highway 30 to Cornelius Pass Road; southwest on Cornelius Pass Road to U.S. Highway 26; northwest on U.S. Highway 26 to State Highway 6; west on State Highway 6 to Glenwood; northwest on Glenwood-Timber-Vernonia Highway to State Highway 47; north on State Highway 47 to Vernonia, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0012 Wilson Unit

The Wilson Unit, number 12, is that area beginning on the north shore line at the mouth of Tillamook Bay; north along Pacific Ocean coastline to north shoreline of Nehalem Bay; northeast along north shoreline of Nehalem Bay and North Fork Nehalem River to State Highway 53 bridge; northeast on State Highway 53 to U.S. Highway 26 at Necanicum Junction; southeast on U.S. Highway 26 to Timber-Glenwood Highway; south on Timber-Glenwood Highway to Glenwood; southwest on State Highway 6 to Wilson River at Mills Bridge; west along Wilson River and north shoreline of Tillamook Bay to mouth, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0014 Trask Unit

The Trask Unit, number 14, is that area beginning at McMinnville; southwest on State Highway 18 to Salmon River; west along Salmon River to Pacific Ocean; north along Pacific Ocean coastline to north shoreline at mouth of Tillamook Bay; east along north shoreline of Tillamook Bay and Wilson River to State Highway 6 at Mills Bridge; northeast on State Highway 6 to State Highway 8 near Gales Creek; southeast on State Highway 8 to State Highway 47 at Forest Grove; south on State Highway 47 to State Highway 99W; southwest on State Highway 99W to McMinnville, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0015 Willamette Unit

The Willamette Unit, number 15, is that area beginning at Sandy; southwest on State Highway 211 to State Highway 213; southwest on State High way 213 to Cascade Highway at Silverton; south on the Cascade Highway to State Highway 22; east on State Highway 22 to Mehama; south to Lyons; south and west on State Highway 226 to Richardson Gap Road east of Scio; south on Richardson Gap Road to Baptist Church Drive; east on Baptist Church Drive to Kowitz Road; south on Kowitz Road to Lacomb Road; west on Lacomb Road to Brewster Roads; south on Brewster Road to State Highway 34; west on State Highway 34 to Interstate Highway 5; south on Interstate Highway 5 to Belt Line Road; west and south on Belt Line Road to State Highway 126; west on State Highway 126 to Poodle Creek Road; north on Poodle Creek Road to State Highway 36; northeast on State Highway 36 to Territorial Road near Cheshire; north on Territorial Road to Monroe; north on State Highway 99W to Dawson Road (County Road 45200); west on Dawson Road to Bellfountain; north on Bellfountain Road to Decker Road at In vale School; west on Decker Road to State Highway 34; northeast on State Highway 34 to Corvallis; north on State Highway 99W to Airlie Road (No. 7) at Suver; northwesterly on Airlie Road to State Highway 223; north on State Highway 223 to Perrydale Road at Dallas; north on Perrydale Road to State Highway 22; northwest on State Highway 22 to State Highway 18; northeast on State Highway 18 to State Highway 99W; north on State Highway 99W to State Highway 47; north on State Highway 47 to State Highway 8; northwest on State Highway 8 to State Highway 6; east on State Highway 6 to U.S. Highway 26; southeast on U.S. Highway 26 to Cornelius Pass Road; northeast on Cornelius Pass Road to U.S. Highway 30; southeast on U.S. Highway 30 to Multnomah Channel at the Sauvie Island bridge; southeast along Multnomah Channel to Willamette River; northeast down Willamette River to state line in the Columbia River; southeast along state line to Sandy River; southeast up Sandy River to Teneyck Road; south on Teneyck Road to Sandy, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 35-1986, f. & ef. 8-7-86
FWC 23-1981, f. & ef. 6-29-81
FWC 21-1979, f. & ef. 6-5-79
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0016 Santiam Unit

The Santiam Unit, number 16, is that area beginning at Lebanon; north on Brewster Road to Lacomb Road; east on Lacomb Road to Kowitz Road; north on Kowitz Road to Baptist Church Drive; west on Baptist Church Drive to Richardson Gap Road; north on Richardson Gap Road to State Highway 226; northeast on State Highway 226; west on State Highway 22 to Cascade Highway near Stayton; north on Cascade Highway to State Highway 213 at Silverton; northeast on State Highway 213 to State Highway 211; northeast on State Highway 211 to Sandy; north on Teneyck Road to Sandy River; northwest down Sandy River to state line in Columbia River; northeast along state line to Multnomah-Hood River County line; southeast along Multnomah-Hood River County line to Lolo Pass; southeast along Pacific Crest Trail to Barlow Pass; west on Highway 35 to Highway 26; southeast on Highway 26 to junction of Highway 216; west and then south along the west boundary of The Confederated Tribes of Warm Springs Indian Reservation of Oregon (CTWSRO) (McQuinn Strip line) to summit of Mt. Jefferson; south along the west CTWSRO boundary and the Cascade crest (Jefferson/Linn Co. line) to the junction of the Pacific Crest National Scenic Trail (PCT) in Township 11 South Range 8 East Sec 17 then south on PCT to U.S. Highway 20/126 at Santiam Pass. PCT west on U.S. Highway 20 to Lebanon; point of beginning. (The McQuinn Strip portion of the White River Unit and the Warm Springs Indian Reservation was closed to public hunting September 21, 1992 until further notice).

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 35-1986, f. & ef. 8-7-86
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0017 Stott Mountain Unit

The Stott Mountain Unit, number 17, is that area beginning at Dallas; south on State Highway 223 to Gardner Road (No. 865); northwest on Gardner Road and Bridgeport Road (No. 864) to Falls City; west on Valsetz Road to South Fork of Siletz River; downstream along South Fork of Siletz River, main Siletz River and north shoreline of Siletz Bay to Pacific Ocean; north along Pacific Ocean coastline to mouth of Salmon River; east along Salmon River to State Highway 18 near Rose Lodge; east on State Highway 18 to State Highway 22 near Valley Junction; southeast on State Highway 22 to Perrydale Road; south on Perrydale Road to State Highway 223 at Dallas, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 23-1981, f. & ef. 6-29-81
FWC 21-1979, f. & ef. 6-5-79
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0018 Alsea Unit

The Alsea Unit, number 18, is that area beginning at Corvallis; southwest on State Highway 34 to Decker Road; southeast on Decker Road to Bell fountain Road; south on Bellfountain Road to Bellfountain; east on Dawson Road (County Road 45200) to State Highway 99W; south on State Highway 99W to Monroe; south on Territorial Road to State Highway 36; southwest on State Highway 36 to north shoreline of Triangle Lake; southwest along Triangle Lake shoreline, Lake Creek, Siuslaw River and north shoreline of Siuslaw Bay to Pacific Ocean; north along Pacific Ocean coastline to north shoreline of Siletz Bay; easterly along north shoreline of Siletz Bay, Siletz River and South Fork of Siletz River to Valsetz; east on Valsetz-Falls City main county road to Falls City; southeast along Bridgeport Road (No. 864), Gardner Road (No. 865) and Airlie Road (No. 7) to State Highway 99W; south on State Highway 99W to Corvallis, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 23-1981, f. & ef. 6-29-81
FWC 21-1979, f. & ef. 6-5-79
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0019 McKenzie Unit

The McKenzie Unit, Number 19, is that area beginning at Lebanon, east on U.S. Highway 20 to Pacific Crest Trail; south along Pacific Crest Trail to State Highway 58; northwest on State Highway 58 to Interstate Highway 5; north on Interstate Highway 5 to State Highway 34; east on State Highway 34 to Lebanon, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0020 Siuslaw Unit

The Siuslaw Unit, number 20, is that area beginning at Interstate 5-Belt Line Road junction north of Eugene; south on Interstate 5 to Drain junction and State Highway 99; southwest on State Highway 99 to Drain; west on State Highway 38 to Umpqua River at Elkton; west along Umpqua River and south shoreline of Winchester Bay to Pacific Ocean; north along Pacific Ocean coastline to north shoreline of Siuslaw Bay; northeast along north shoreline of Siuslaw Bay, Siuslaw River, Lake Creek and north shoreline of Triangle Lake to State Highway 36; south on State Highway 36 to Poodle Creek junction; south on Poodle Creek Road to State Highway 126; east on State Highway 126 to Belt Line Road; northeast on Belt Line Road to Interstate 5, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0021 Indigo Unit

The Indigo Unit, number 21, is that area beginning at Oakridge; southeast on State Highway 58 to Pacific Crest Trail; south along Pacific Crest Trail to State Highway 138; north and west on State Highway 138 to Toketee junction; north on Toketee Road to North Umpqua River; west along North Umpqua River to Dixonville-Albany main power transmission line; north on Dixonville-Albany main power transmission line to Shoestring Road; east on Shoestring Road .8-mile to London Road; north on London Road and South 6th Street to Interstate Highway 5; north on Interstate Highway 5 to State Highway 58; southeast on State Highway 58 to Oakridge, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 21-1979, f. & ef. 6-5-79
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0022 Dixon Unit

The Dixon Unit, number 22, is that area beginning at Shady Cove; northwest on State Highway 227 to Dixonville-Hanna Nickel main power transmission line at a point approximately two miles west of Days Creek; north along main power transmission line to North Umpqua River; east along North Umpqua River to Toketee; south on Toketee Road to State Highway 138; east and south on State Highway 138 to State Highway 230; southwest on State Highway 230 to State Highway 62; southwest on State Highway 62 to Shady Cove, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0023 Melrose Unit

The Melrose Unit, number 23, is that area beginning at Dixonville power substation; south along Dixonville-Nickel Mountain main power transmission line to Douglas County Rd 1 at a point approximately two miles west of Days Creek; southwest on Douglas County Rd 1 to Canyonville; south on Interstate Highway 5, 3/4-mile to Dixonville-Nickel Mountain main power transmission line; west on Dixonville-Nickel Mountain main power transmission line to Southern Pacific railroad tracks adjacent to the Nickel Mountain Road junction; southwest along SPRR tracks to the Union Creek Road; north on Union Creek Road to Live Oak Cr. Rd.; northeast on Live Oak Cr. Rd. through Horse Prairie and Olalla Creek Road to Ireland Rd.; west on Ireland Rd. to Benedict Rd.; north on Benedict Rd. to Tenmile; north on Reston and Flournoy Valley roads to Melrose; north on Melrose-Umpqua Road to the Umpqua River and Umpqua; north along the Umpqua River to State Highway 38 at Elkton; east on State Highway 38 to Drain; northeast on State Highway 99 to Curtin; northeast on Interstate 5 to South 6th Street, south on South 6th Street to London Road; south on London Road to Shoestring Road; west .8-mile on Shoestring Road to the Albany-Dixonville main power transmission line; south along Albany-Dixonville main power transmission line to Dixonville, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 21-1979, f. & ef. 6-5-79
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0024 Tioga Unit

The Tioga Unit, number 24, is that area beginning at Coquille; north on State Highway 42 and U.S. Highway l0l to south shoreline of Coos Bay; southwest along south shoreline of Coos Bay to Pacific Ocean; north along Pacific Ocean coastline to south shoreline of Winchester Bay; easterly along south shoreline of Winchester Bay and Umpqua River to Umpqua; south on Umpqua-Melrose Road to Melrose; south on Flournoy Valley and Reston roads to Tenmile; west on State Highway 42 to Coquille, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0025 Sixes Unit

The Sixes Unit, Number 25, is that area beginning at Gold Beach, north along Pacific Ocean coastline to south shoreline of Coos Bay; easterly along south shore of Coos Bay to U.S. Highway 101; south on U.S. Highway 101 to State Highway 42; southeast on State Highway 42 to Powers Highway; southeast on Powers Highway to Powers; south on posted forest road to Rogue River at Illahee; southwest along Rogue River to Gold Beach, point of beginning.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0026 Powers Unit

The Powers Unit, number 26, is that area beginning at Grave Creek Bridge on Rogue River; west on Rogue River to Illahee; north on posted forest road to Powers; northwest on Powers Highway to State Highway 42; east on State Highway 42 to Tenmile; south on Benedict Rd. to Ireland Rd.; east on Ireland Rd. to Olalla Cr. Rd.; south on Olalla Creek Road through Horse Prairie to Live Oak Cr. Rd.; southwest on Live Oak Cr. Rd. to Union Creek Road; northeast on SPRR tracks to Dixonville-Nickle Mountain main power transmission line adjacent to Nickel Mountain Road; east along main power transmission line to Interstate Highway 5; south on Interstate Highway 5 to Wolf Creek; southwest on Wolf Creek-Grave Creek Road to Grave Creek Bridge, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0027 Chetco Unit

The Chetco Unit, Number 27, is that area beginning at Gold Beach, east along Rogue River to Grants Pass, southwest on U.S. Highway 199 to Oregon-California state line; west along state line to Pacific Ocean; northwest along Pacific Ocean coastline to Gold Beach, point of beginning.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0028 Applegate Unit

The Applegate Unit, Number 28, is that area beginning at Grants Pass, east and southeast on Interstate Highway 5 to Oregon-California state line; west along state line to U.S. Highway 199; northeast on U.S. Highway 199 to Grants Pass, point of beginning.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0029 Evans Creek Unit

The Evans Creek Unit, number 29, is that area beginning at Grants Pass; northwest along the Rogue River to Grave Creek Bridge; northeast on Grave Creek-Wolf Creek Road to Interstate Highway 5 at Wolf Creek; north on Interstate Highway 5 to Canyonville; east and south on State Highway 227 to Shady Cove; south on State Highway 62 to Medford; northwest on Interstate Highway 5 to Grants Pass, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0030 Rogue Unit

The Rogue Unit, number 30, is that area beginning at Medford; north on State Highway 62 to State Highway 230; northeast on State Highway 230 to Diamond Lake State Highway 138; south and east on State Highway 138 to Pacific Crest Trail; south along Pacific Crest Trail to boundary of Crater Lake National Park; west, south and east along Crater Lake National Park boundary to Pacific Crest Trail; south along Pacific Crest Trail; southeast on Forest Trail 993 along Fourmile Lake; south on Forest Road 3661 to State Highway 140; west on State Highway 140 to Forest Road 3601; south Forest Road 3601 to Dead Indian Road; southwest on Dead Indian Road to Jackson-Klamath county line; south along Jackson-Klamath county line to State Highway 66; west on State Highway 66 to Copco Road; south on Copco Road to Oregon-California state line; west along Oregon-California state line to Interstate Highway 5; north on Interstate Highway 5 to Medford, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
FWC 119, f. & ef. 6-3-77; FWC 26-1978, f. & ef. 5-26-78, FWC 28-1983, f. & ef. 7-8-83; FWC 72-1989, f. & cert. ef. 8-15-89; FWC 64-1990, f. & cert. ef. 6-21-90; FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95; DFW 47-1999, f. & cert. ef. 6-16-99

Or. Admin. R. 635-080-0031 Keno Unit

The Keno Unit, number 31, is that area beginning at Klamath Falls; south on U.S. Highway 97 to Oregon-California state line; west along Oregon-California state line to Copco Road; north on Copco Road to State Highway 66; east on State Highway 66 to Jackson-Klamath county line; north on Jackson-Klamath county line to Dead Indian Road; northeast on Dead Indian Road to Forest Road 3601; north on Forest Road 3601 to State Highway 140; east on State Highway 140 to Forest Road 3661; north on Forest Road 366l to Fourmile Lake; northwest on Forest Trail 993 to Pacific Crest Trail; north on Pacific Crest Trail to south boundary of Crater Lake National Park; east along south boundary of Crater Lake National Park to State Highway 62; southeast on State Highway 62 to U.S. Highway 97; south on U.S. Highway 97 to Klamath Falls, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 64-1990, f. & cert. ef. 6-21-90
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 21-1979, f. & ef. 6-5-79
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0032 Klamath Falls Unit

The Klamath Falls Unit, number 32, is that area beginning at Klamath Falls; north on U.S. Highway 97 to Williamson River; north along Williamson River to confluence of Sprague River; east along Sprague River to Godowa Springs Road north of Beatty; south on Godowa Springs Road to State Highway 140 at Beatty; east on State Highway 140 to Bly; southwest on Gerber Road past Gerber Reservoir to East Langell Valley Road; south on East Langell Valley Road to Lost River; southeast along Lost River to Oregon-California state line; west along state line to U.S. Highway 97; northeast on U.S. Highway 97 to Klamath Falls, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0033 Sprague Unit

The Sprague Unit, number 33, is that area beginning at Chiloquin; south along Williamson River to U.S. Highway 97; north on U.S. Highway 97 to State Highway 62; northwest on State Highway 62 to Crater Lake National Park boundary; east and north along Crater Lake National Park boundary to Sand Creek; east along Sand Creek to Scott Creek Road 66; east on Scott Creek Road one mile to U.S. Highway 97; east on Silver Lake Road to Williamson River; upstream north, east and south along Williamson River to Yamsey Guard Station; southeast on Forest Road 44 to Sycan River at Powers Crossing; south along Sycan River to Sprague River; west along Sprague River to Williamson River at Chiloquin, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 71-1987, f. & cert. ef. 9-2-87
FWC 35-1986, f. & ef. 8-7-86
FWC 28-1983, f. & ef. 7-8-83
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0034 Upper Deschutes Unit

The Upper Deschutes Unit, number 34, is that area beginning at Bend; southwest on U.S. Highway 97 to Crescent; west on Klamath County Road 61to Crescent Creek; southwest on Crescent Creek to State Highway 58; northwest on State Highway 58 to Pacific Crest Trail; north along Pacific Crest Trail to U.S. Highway 242; east on State Highway 242 to Sisters; east on State Highway 126 to Redmond; southwest on U.S. Highway 97 to Bend, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0035 Paulina Unit

The Paulina Unit, number 35, is that area beginning at Redmond; east on State Highway 126 to Prineville; southeast on State Highway 27 to U.S. Highway 20; northwest on U.S. Highway 20 to Millican-Lake Road 2-1/2 miles east of Millican; southeast and south on Millican-Lake Road past Dickerson Well and Janes Well (Lake County Road 5-12D) to intersection of Lake County Road 5-12B; east on Lake County Road 5-12B to intersection of Lake County Road 5-14C to junction of Lake County Road 5-14D; continue southwest and south on Lake County Road 5-14C to junction of Lake County Road 5-14, 2 miles east of Christmas Valley; west on Wagontire Road (Lake County Road 5-14) to Christmas Valley; west and north on Fort Rock Road (Lake County Road 5-10) to State Highway 31; northwest on State Highway 31 to Gilchrist main logging road 9775 between mileposts 16 and 17; west on Gilchrist main logging road to U.S. Highway 97; northeast on U.S. Highway 97 to Redmond, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 30-2000, f. & cert. ef. 6-14-00
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 35-1986, f. & ef. 8-7-86
FWC 32-1980, f. & ef. 6-30-80
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0036 Maury Unit

The Maury Unit, number 36, is that area beginning at Brothers on U.S. Highway 20; northwest on U.S. Highway 20 to State Highway 27; north on State Highway 27 to Prineville Dam; east along Prineville Reservoir, Crooked River and Beaver Creek to Paulina; easterly on main county road to Grindstone Creek Road; southeast on Grindstone Creek Road to Twelvemile Creek Road; west on Twelvemile Creek Road to Camp Creek-Glass Buttes Road; south on Camp Creek-Glass Buttes Road to U.S. Highway 20 near Glass Buttes; northwest on U.S. Highway 20 to Brothers, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0037 Ochoco Unit

The Ochoco Unit, number 37, is that area beginning at Prineville; northeast on U.S. Highway 26 to Dayville; south along South Fork John Day River to Pine Creek Road; west on Pine Creek Road to Suplee; west on county road to Paulina; west along Beaver Creek, Crooked River and Prineville Reservoir to State Highway 27 at Prineville Dam; northwest on State Highway 27 to Prineville, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0038 Grizzly Unit

The Grizzly Unit, number 38, is that area beginning at Redmond; north on U.S. Highway 97 to Crooked River; north along Crooked River and Deschutes River to South Junction; northeast on South Junction county road to junction with U.S. Highway 97 and U.S. Highway 197; south on U.S. Highway 97 to Antelope Creek Road; northeast on Antelope Creek Road to Antelope; east on State Highway 218 to John Day River at Clarno; southeast along John Day River to Bridge Creek; southeast along Bridge Creek to U.S. Highway 26 near Mitchell; southwest on U.S. Highway 26 to Prineville; west on U.S. Highway 126 to Redmond, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0039 Metolius Unit

The Metolius Unit, Number 39, is that area beginning at Sisters, west on State Highway 242 to Pacific Crest Trail; north along Pacific Crest Trail to south boundary of Warm Springs Indian Reservation; east along Warm Springs Indian Reservation boundary following Jefferson Creek and Metolius River to Lake Billy Chinook; south along Lake Billy Chinook to Crooked River; southeast along Crooked River to U.S. Highway 97; south on U.S. Highway 97 to Redmond; west on State Highway 126 to Sisters, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 21-1979, f. & ef. 6-5-79
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0040 Maupin Unit

The Maupin Unit, number 40, is that area beginning at Maupin; north on U.S. Highway 197 to Tygh Valley; northeast on State Highway 216 to Grass Valley; south on U.S. Highway 97 to Shaniko; southeast on State Highway 218 to Antelope; southwest on Antelope Creek Road to U.S. Highway 97; north on U.S. Highway 97 to junction of U.S. Highway 197 and South Junction Road; southwest on South Junction Road to Deschutes River at South Junction; northeast along Deschutes River to Maupin, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0041 White River Unit

The White River Unit, Number 41, is that area beginning at The Dalles, east along Columbia River to U.S. Highway 197; south on U.S. Highway 197 to Deschutes River at Maupin; south along Deschutes River to north boundary of Warm Springs Indian Reservation boundary; west along norther Warm Springs Indian Reservation boundary (McQuinn Strip line) to the junction of Highway 216 and Highway 26; northwest on Highway 26 to junction of Highway 35; northeast on Highway 35 to Hood River; east along the Columbia River to The Dalles, point of beginning. (The McQuinn Strip portion of the White River Unit and the Warm Springs Indian Reservation was closed to public hunting September 21, 1992 until further notice.)

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 35-1986, f. & ef. 8-7-86
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0042 Hood Unit

The Hood Unit, number 42, is that area beginning at Hood River; southwest on State Highway 35 to Barlow Pass (Pacific Crest Trail); northwest along Pacific Crest Trail to Lolo Pass; northwest along Hood River-Multnomah county line to Columbia River near Bonneville; east along Columbia River to Hood River, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 35-1986, f. & ef. 8-7-86
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0043 Biggs Unit

The Biggs Unit, Number 43, is that area beginning at Arlington, south on State Highway 19 to Fossil; southwest along State Highway 218 to Shaniko; north on U.S. Highway 97 to Grass Valley; southwest on State Highway 216 to Tygh Valley; north on U.S. Highway 197 to the Columbia River; east along the Columbia River to Arlington, point of beginning.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0044 Columbia Basin Unit

The Columbia Basin Unit, Number 44, is that area beginning at Condon, north on State Highway 19 to Oregon-Washington state line at Arlington; northeast along state line to State Highway 11; southwest on State Highway 11 to Pendleton; southwest on U.S. Highway 395 to State Highway 74; southwest on State Highway 74 to Heppner; southwest on State Highway 207 to State Highway 206; west on State Highway 206 to Condon, point of beginning.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0045 Fossil Unit

The Fossil Unit, Number 45, is that area beginning at Fossil, north on State Highway 19 to Condon; east on State Highway 206 to State Highway 207; south on State Highway 207 to State Highway 19; southeast on State Highway 19 to U.S. Highway 26; west on U.S. Highway 26 to Bridge Creek near Mitchell; northwest along Bridge Creek to John Day River; northwest along John Day River to State Highway 218 at Clarno; northeast on State Highway 218 to Fossil, point of beginning.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0046 Murderers Creek Unit

The Murderers Creek Unit, number 46, is that area beginning at Dayville; east on U.S. Highway 26 to Prairie City; southeast on County Road 62 to Summit Prairie; west on Logan Valley County Road 16 to Seneca; south on U.S. Highway 395 to Forest Road 37; southwest on Forest Road 37 to Forest Road 3750; west on Forest Road 3750 to South Fork John Day River; northwest along South Fork John Day River to Dayville, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 46-1988, f. & cert. ef. 6-13-88
FWC 35-1986, f. & ef. 8-7-86
FWC 21-1979, f. & ef. 6-5-79
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0047 Northside Unit

The Northside Unit, number 47, is that area beginning at John Day; northwest on U.S. Highway 26 to State Highway 19; north on State Highway 19 to North Fork John Day River at Kimberly; northeast along North Fork John Day River to Long Creek Road at Monument; southeast on Long Creek Road to Long Creek; north on U.S. Highway 395 to Middle Fork John Day River Road; southeast on Middle Fork John Day River Road to State Highway 7; south on State Highway 7 to U.S. Highway 26; southwest on U.S. Highway 26 to John Day, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 46-1988, f. & cert. ef. 6-13-88
FWC 39-1982, f. & ef. 6-25-82
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0048 Heppner Unit

The Heppner Unit, number 48, is that area beginning at Heppner; northeast on State Highway 74 to U.S. Highway 395; south on U.S. Highway 395 to Long Creek-Monument Road; northwest on Long Creek-Monument Road to North Fork John Day River at Monument; southwest along North Fork John Day River to State Highway 19 at Kimberly; northwest on State Highway 19 to State Highway 207; north on State Highway 207 to Heppner, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 46-1988, f. & cert. ef. 6-13-88
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0049 Ukiah Unit

The Ukiah Unit, number 49, is that area beginning at Pendleton; southeast on Interstate Highway 84 to Mt. Emily exit; west on county road to Kamela; southwest on Forest Road 2135400 to Forest Road 2135; southwest on Forest Road 2135 to Forest Road 21; southwest on Forest Road 21 to 2100040, south on 2100040 to Forest Road 5900230; south on 5900230 to State Highway 244 (Forest Road 59) at Four Corners Forest Camp; west on State Highway 244 (Forest Road 59) approximately two miles to Tower Mountain Road 5226; south and east on Tower Mountain Road 5226 past Frazier Forest Camp and Tower Mountain to Silver Butte Road 5225; south on Silver Butte Road 5225 to Meadow Creek; southwest along Meadow Creek to Big Creek; southwest along Big Creek to North Fork John Day River; northwest along North Fork John Day River to U.S. Highway 395 near Dale; north on U.S. Highway 395 to Pendleton, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 46-1988, f. & cert. ef. 6-13-88
FWC 32-1980, f. & ef. 6-30-80
FWC 21-1979, f. & ef. 6-5-79
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0050 Desolation Unit

The Desolation Unit, number 50, is that area beginning at Dale on U.S. Highway 395; southeast along North Fork John Day River to Big Creek; northeast along Big Creek to Meadow Creek; northeast along Meadow Creek to Forest Road 5225 at Forks Guard Station; northwest on Forest Road 5225 to Granite-Ukiah Road 52; southeast on Granite-Ukiah Road 52 to Anthony Lakes Road 73; northeast on Anthony Lakes Road 73 to summit of Blue Mountains west of Anthony Lakes; south along summit of Blue Mts. to the summit of Anthony Lakes Ski Area (junction of Grant, Baker, and Union counties) southwest along Blue Mountain summit (Baker/Grant county line) to State Highway 7; southwest on State Highway 7 to Co Rd 20; northwest on Co Rd 20 to U.S. Highway 395; north on U.S. Highway 395 to Dale, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 39-1982, f. & ef. 6-25-82
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0051 Sumpter Unit

The Sumpter Unit, number 51, is that area beginning at Ironside; northwest on U.S. Highway 26 to Austin junction; northeast on State Highway 7 to summit of Blue Mountains (Tipton Summit); northeast along Blue Mountain summit (Baker/Grant County line) to the Summit of Anthony Lakes Ski Area (junction of Grant, Baker, and Union counties); north along the Blue Mt summit to Anthony Lakes Road 73 ; northeast on Anthony Lakes Road to Ellis Rd; north on Ellis Rd to North Powder River Ln; east on North Powder River Ln to Interstate Highway 84 at North Powder; southeast on Interstate Highway 84 to Durbin Creek Road overpass; west on Durbin Creek-Malheur Reservoir Road to Ironside, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09
Reverted to DFW 47-1999, f. & cert. ef. 6-16-99
DFW 122-2006(Temp), f. & cert. ef. 11-17-06 thru 5-15-07
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 39-1982, f. & ef. 6-25-82
FWC 32-1980, f. & ef. 6-30-80
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0052 Starkey Unit

The Starkey Unit, number 52, is that area beginning on Interstate Highway 84 at the junction of State Highway 82 at La Grande; southeast on Interstate Highway 84 to North Powder; west on North Powder River Lane and southwest on Anthony Lakes Road 73 to Anthony Lakes; west past Anthony Lakes to Granite-Ukiah Road 52; northwest on Granite-Ukiah Road 52 to Tower Mountain Road 5226; east and north on Tower Mountain Road 5226 past Tower Mountain and Frazier Forest Camp to State Highway 244 (Forest Road 59); east on State Highway 244 (Forest Road 59) to Forest Road 5900230 at Four Corners Forest Camp; north on road 5900230 to 2100040, north on 2100040 to Forest Road 21; north on Forest Road 21 to Forest Road 2135; northeast on Forest Road 2135 to Forest Road 2135400; northeast on Forest Road 2135400 to Kamela; east on Summit Road to Interstate Highway 84; southeast on Interstate Highway 84 to State Highway 82 at La Grande, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
Reverted to DFW 30-2000, f. & cert. ef. 6-14-00
DFW 122-2006(Temp), f. & cert. ef. 11-17-06 thru 5-15-07
DFW 30-2000, f. & cert. ef. 6-14-00
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 46-1988, f. & cert. ef. 6-13-88
FWC 35-1986, f. & ef. 8-7-86
FWC 39-1982, f. & ef. 6-25-82
FWC 32-1980, f. & ef. 6-30-80
FWC 21-1979, f. & ef. 6-5-79
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0053 Catherine Creek Unit

The Catherine Creek Unit, number 53, is that area beginning at Elgin; northeast on State Highway 82 to Minam; south along Minam River to the boundary of Wallowa-Whitman National Forest; west along forest boundary to Point Prominence Road (62 and 6220); south along Point Prominence Road to Moss Springs Campground; south and east from Moss Springs Campground on Lodgepole Trail 1920 to Cartwheel Ridge Trail 1907; north and east on Cartwheel Ridge Trail 1907 to the divide between the Catherine Creek and Minam River drainages past Burger Butte to Granite Butte; generally south on the divide between Catherine Creek and Eagle Creek drainages to Flagstaff Butte; west on Forest Road 7700582 to Forest Road 77; west on Forest Road 77 to Forest Road 7740; south on 7740 to 7740050; south and west on 7740050 o Big Creek; Big Creek to Big Creek Road 67; west on Big Creek Road to Medical Springs; southwest on State Highway 203 to the Powder River; northwest on Powder River to Interstate Highway 84 at North Powder; north on Interstate Highway 84 to State Highway 82 at La Grande; northeast on State Highway 82 to Elgin, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 27-1991, f. & cert. ef. 3-12-91
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 46-1988, f. & cert. ef. 6-13-88
FWC 35-1986, f. & ef. 8-7-86
FWC 32-1980, f. & ef. 6-30-80
FWC 21-1979, f. & ef. 6-5-79
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0054 Mt. Emily Unit

The Mt. Emily Unit, number 54, is that area beginning at Pendleton; northeast on State Highway 11 to Weston; southeast on State Highway 204 to Elgin; southwest on State Highway 82 to Interstate Highway 84 at La Grande; northwest on Interstate Highway 84 to Pendleton, point of beginning.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
DFW 30-2000, f. & cert. ef. 6-14-00
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 32-1980, f. & ef. 6-30-80
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0055 Walla Walla Unit

The Walla Walla Unit, number 55, is that area beginning at Weston; north on State Highway 11 to Oregon-Washington state line; east along state line to Forest Road 64; southwest on Forest Road 64 to Tollgate; northwest on State Highway 204 to Weston, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 32-1980, f. & ef. 6-30-80
FWC 21-1979, f. & ef. 6-5-79
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0056 Wenaha Unit

The Wenaha Unit, number 56, is that area beginning at Troy; southwest along Grande Ronde River to Elgin; northwest on State Highway 204 to Tollgate; northeast on Forest Road 64 to Oregon-Washington state line; east along state line to Grande Ronde River; southwest along Grande Ronde River to Troy, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 119, f. & ef. 6-3-77; FWC 26-1978, f. & ef. 5-26-78; FWC 21-1979, f. & ef. 6-5-79; FWC 32-1980, f. & ef. 6-30-80, FWC 35-1986, f. & ef. 8-7-86; FWC 72-1989, f. & cert. ef. 8-15-89; FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95

Or. Admin. R. 635-080-0057 Sled Springs Unit

The Sled Springs Unit, number 57, is that area beginning at Wallowa; west on State Highway 82 to Elgin; northeast along Grande Ronde River to Oregon-Washington state line; east along state line to Joseph Creek; southwest along Joseph Creek to Chesnimnus Creek; southeast along Chesnimnus Creek to Crow Creek Road; south on Crow Creek Road to State Highway 82; northwest on State Highway 82 to Wallowa, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0058 Chesnimnus Unit

The Chesnimnus Unit, number 58, is that area beginning at Joseph; north on State Highway 82 to Crow Creek Road; north on Crow Creek Road to Chesnimnus Creek; northwest along Chesnimnus Creek to Joseph Creek; northeast along Joseph Creek to Oregon-Washington state line; east and southeast along state line to the Snake River; southeast along the Snake River to mouth of Imnaha River; southwest along Imnaha River to Imnaha; southwest on Sheep Creek Road to Joseph, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0059 Snake River Unit

The Snake River Unit, number 59, is that area beginning at confluence of Imnaha and Snake rivers; southeast along Snake River to Thirty-two Point Creek; southwest along Thirty-two Point Creek to Summit Road; southwest and northwest on Summit Road to North Fork Dry Creek; southwest along North Fork Dry Creek and northwest along Dry Creek to Imnaha River; north along Imnaha River to Snake River, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0060 Minam Unit

The Minam Unit, number 60, is that area beginning at the town of Minam; southeast on State Highway 82 to head of Wallowa Lake; southwest on West Fork Trail to Hawkins Pass; southwest along summit of Eagle Mountains to Granite Butte; northwest along summit separating Big Minam and Catherine Creek drainages past Burger Butte and Meadow Mountain to Cartwheel Ridge Trail 1907; West on Cartwheel Ridge Trail to Lodgepole Trail to Moss Springs; north on Point Prominence Road to the boundary of Wallowa-Whitman National Forest; north and east along National Forest boundary to Minam River; north along Minam River to State Highway 82 at the town of Minam, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 46-1988, f. & cert. ef. 6-13-88
FWC 35-1986, f. & ef. 8-7-86
FWC 21-1979, f. & ef. 6-5-79
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0061 Imnaha Unit

The Imnaha Unit, Number 61, is that area beginning at Joseph, northeast on Imnaha Highway to Imnaha; south and west along Imnaha River and South Fork of Imnaha River to Hawkins Pass; north on West Fork Trail to Wallowa Lake; north on State Highway 82 to Joseph, point of beginning.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 46-1988, f. & cert. ef. 6-13-88
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0062 Pine Creek Unit

The Pine Creek Unit, number 62, is that area beginning at Cornucopia; north on Blue Creek Trail (1865) to the summit of Eagle Mountains; west and south along summit of Eagle Mountains to Red Mt; west and south on summit of Eagle Mts to Crater Lake; north and west on summit if Eagle Mts to Krag Peak; north on summit of Eagle Mts to Jackson Peak; north to Hawkins Pass; east and north along South Fork Imnaha River and Imnaha River to Dry Creek; southeast along Dry Creek and northeast along North Fork Dry Creek to Summit Road; north and northeast on Summit Road to Thirty-two Point Creek; east along Thirty-two Point Creek to Snake River; south along Snake River to the mouth of Powder River; west along Powder River arm of Brownlee Reservoir to the old Richland-Halfway Highway (Sag Road); north on Sag Road to Highway 86; northeast on Highway 86 to Pine Creek; northwest along Pine Creek to Cornucopia, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 46-1988, f. & cert. ef. 6-13-88
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0063 Keating Unit

The Keating Unit, number 63, is that area beginning at North Powder; northeast and southeast along Powder River to State Highway 203; northeast on State Highway 203 to Medical Springs; southeast and northeast on Big Creek Road 67 to Big Creek and north on Big Creek to Forest Road 7740050; east and north on Forest Road 7740050 to Forest Road 7740 and to Forest Road 77; east on Forest Road 77 to Flagstaff Butte Road 7700582; east on road 7700582 to Flagstaff Butte; north along the divide between the Catherine Creek and Eagle Creek drainages to Granite Butte; east along summit of Eagle Mountains to Hawkins pass; south to Jackson Peak: south to Krag Peal; south and east to Crater Lake; north and east to Red Mt; north and east to Blue Creek Trail (1865) north of Cornucopia; south along Blue Creek Trail to Pine Creek; south and east along Pine Creek to State Highway 86; southwest on State Highway 86 to Old Richland-Halfway Highway (Sag Road); south on Sag Road to Powder River arm of Brownlee Reservoir; west along Powder River to State Highway 86 near Goose Cr; west on Highway 86 to Interstate Highway 84; north on Interstate Highway 84 to North Powder, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10
DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 36-1993, f. & cert. ef. 6-14-93
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 46-1988, f. & cert. ef. 6-13-88
FWC 35-1986, f. & ef. 8-7-86
FWC 32-1980, f. & ef. 6-30-80
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0064 Lookout Mountain Unit

The Lookout Mountain Unit, Number 64, is that area beginning at junction of Interstate Highway 84 and State Highway 86 northeast of Baker, east on State Highway 86 to Powder River near Goose Creek; east along Powder River to Snake River; southwest along Snake River to mouth of Birch Creek at Farewell Bend; west along Birch Creek to Interstate Highway 84; northwest on Interstate Highway 84 to State Highway 86, point of beginning.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 46-1988, f. & cert. ef. 6-13-88
FWC 32-1980, f. & ef. 6-30-80
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0065 Beulah Unit

The Beulah Unit, number 65, is that area beginning at Vale; southwest on U.S. Highway 20 to Drewsey-Prairie City Road near Drewsey; northwest on Drewsey-Prairie City Road and Forest Road 1663 to the junction with Forest Road 14 near Antelope Mt.; northwest on Forest Road 14 and Forest Road 16 to Summit Prairie; north on County Road 62 to U.S. Highway 26 near Prairie City; easterly on U.S. Highway 26 to Ironside; easterly on Malheur Reservoir Road to Interstate Highway 84; southeasterly on Interstate 84 to Birch Creek near Farewell Bend; easterly on Birch Creek to Snake River; southeast along Snake River to Nyssa; north and west on U.S. Highway 20 to Vale, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 46-1988, f. & cert. ef. 6-13-88
FWC 39-1982, f. & ef. 6-25-82
FWC 32-1980, f. & ef. 6-30-80
FWC 21-1979, f. & ef. 6-5-79
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0066 Malheur River Unit

The Malheur River Unit, number 66, is that area beginning at Burns; north on U.S. Highway 395 to Seneca; easterly on Logan Valley County Road #16 through Logan Valley to Forest Road 14; southeast on Forest Road 14 to the junction of Forest Road 1663 near Antelope Mt.; south of Forest Road 1663 and Otis Valley Road (Harney County Road 304) to Drewsey; south on Drewsey Rd (Harney County Road 305) to U.S. Highway 20; east on U.S. Highway 20 to Harper; southwest on Harper-Follyfarm Road to Follyfarm (Malheur County Roads 584 and 513) to State Highway 78 near Follyfarm; northwest on State Highway 78 to Burns, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 35-1986, f. & ef. 8-7-86
FWC 39-1982, f. & ef. 6-25-82
FWC 32-1980, f. & ef. 6-30-80
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0067 Owyhee Unit

The Owyhee Unit, number 67, is that area beginning at Nyssa; south along Oregon-Idaho state line to Jordan Valley-Silver City Road; west on Jordan Valley-Silver City Road to Jordan Valley; southwest on U.S. Highway 95 to State Highway 78; northwest on State Highway 78 to Follyfarm; northeast on Follyfarm-Harper Road to Harper; east on U.S. Highway 20 to Nyssa, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0068 Whitehorse Unit

The Whitehorse Unit, number 68, is that area beginning at Follyfarm; southeast on State Highway 78 to U.S. Highway 95; northeast on U.S. Highway 95 to Jordan Valley; east on Jordan Valley-Silver City Road to Oregon-Idaho state line; south and west along state line to Denio; northeast on county road 201 through Fields and Andrews to Follyfarm, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0069 Steens Mountain Unit

The Steens Mountain Unit, number 69, is that area beginning at the junction of State Highway 78 and State Highway 205, two miles east of Burns; southeast on State Highway 78 to East Steen Road (Harney County Road 201) near Follyfarm; southwest on East Steens Road through Andrews to Catlow Valley Road (Harney County Road 202) junction one mile north of Fields; northwest on Catlow Valley Road to Highway 205 at Frenchglen; north on State Highway 205 to Highway 78, point of beginning.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 28-1983, f. & ef. 7-8-83
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0070 Beatys Butte Unit

The Beatys Butte Unit, number 70, is that area beginning at Denio; west along Oregon state line to Fort Bidwell-Warner Valley Road (Lake County Rd 3-14); north on 3-14 to Adel; north on county road 3-10 through Plush to county road 3-11; east on county road 3-11 to Hart Refuge and county road 3-12; north and east on 3-12 to Hart Refuge headquarters; east on Hart Mountain-Frenchglen road (Lake County Road 3-12) and Harney County Road 412 to Catlow Valley Road (Harney County Road 202); south and east on Catlow Valley Road to Harney County Rad 201, 1 mile north of Fields; south on County Road 201 through Fields to Denio, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06
DFW 2-2003, f. & cert. ef. 1-17-03
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0071 Juniper Unit

The Juniper Unit, number 71, is that area beginning at Burns; east two miles on State Highway 78 to State Highway 205; south on State Highway 205 through Frenchglen to Hart Mountain Road (Harney County Road 412 and Lake County Road 3-12); west on Hart Mountain Road to Flagstaff Lake Road (Lake County Road 3-11); west on Flagstaff Lake Road to Hogback Road (Lake Country Road 3-10); northwest on Hogback Road to U.S. Highway 395; northeast on U.S. Highway 395 to U.S. Highway 20; east on U.S. Highway 20 to Burns, point of beginning. The Hart Mountain National Antelope Refuge is closed to all hunting seasons authorized for the Juniper Unit.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0072 Silvies Unit

The Silvies Unit, number 72, is that area beginning at Burns; west on U.S. Highway 20 to Glass Buttes-Camp Creek Road near Glass Buttes; north on Glass Buttes-Camp Creek Road to Twelvemile Creek Road; east on Twelvemile Creek Road to Grindstone Creek Road; northeast on Grindstone Creek Road to Paulina-Suplee Road; southeast on Paulina-Suplee Road to Suplee; east on Pine Creek Road to South Fork John Day River; southeast along South Fork John Day River to Forest Road 3750 at Bear Creek; east on Forest Road 3750 to Forest Road 37; northeast on Forest Road 37 to U.S. Highway 395; south on U.S. Highway 395 to Burns, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 46-1988, f. & cert. ef. 6-13-88
FWC 21-1979, f. & ef. 6-5-79
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0073 Wagontire Unit

The Wagontire Unit, number 73, is that area beginning 2-1/2 miles east of Millican; southeast on U.S. Highway 20 to U.S. Highway 395; southwest on U.S. Highway 395 to State Highway 31 at Valley Falls; northwest on State Highway 31 to Wagontire Road 9 miles east of Silver Lake; northeast on Wagontire Road to Christmas Valley; east 2 miles on Christmas Valley-Wagontire Road (Lake County Road 5-14) to Lake County Road 5-14C 2 miles east of Christmas Valley; north and north east on Lake County Road 5-14C to junction with Lake County Road 5-14D; continue north on Lake County Road 5-14C to intersection of Lake County Road 5-12B; west on Lake County Road 5-12B to junction of Lake County Road 5-12D; north on Lake County Road 5-12D past Janes Well and Dickerson Well to U.S. Highway 20, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 30-2000, f. & cert. ef. 6-14-00
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 32-1980, f. & ef. 6-30-80
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0074 Warner Unit

The Warner Unit, number 74, is that area beginning at Lakeview; north east on U.S. Highway 395 to Fort Bidwell-Warner Valley Road north of Abert Lake; south on Fort Bidwell-Warner Valley Road through Plush and Adel to Oregon-California state line; west along state line to U.S. Highway 395 at New Pine Creek; north on U.S. Highway 395 to Lakeview, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0075 Interstate Unit

The Interstate Unit, number 75, is that area beginning at Bly; west on State Highway 140 to Beatty; north on Godowa Springs Road to Sprague River; west along Sprague River one mile to Sycan River; upstream north and east along Sycan River to Pike's Crossing; east on Forest Road 30 to Forest Road 28; east on Forest Road 28 to Forest Road 29; east on Forest Road 29 to State Highway 31; southeast on State Highway 31 to Valley Falls; south on U.S. Highway 395 to Oregon-California state line; west along state line to Lost River; northwest along Lost River to East Langell Valley Road; north on East Langell Valley Road to Gerber Road; northeast on Gerber Road past Gerber Reservoir to Bly, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 46-1988, f. & cert. ef. 6-13-88
FWC 71-1987, f. & cert. ef. 9-2-87
FWC 35-1986, f. & ef. 8-7-86
FWC 28-1983, f. & ef. 7-8-83
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0076 Silver Lake Unit

The Silver Lake Unit, number 76, is that area beginning at Silver Lake; southeast on State Highway 31 to Forest Road 29, 18 miles south of Summer Lake; west on Forest Road 29 to Forest Road 28; west on Forest Road 28 to Forest Road 30; west on Forest Road 30 to Pike's Crossing; downstream north and southwest along Sycan River to Powers Crossing (Teddy Powers Meadow); northwest on road 44 to Yamsey Guard Station at head of Williamson River; north and west along Williamson River to Silver Lake Road; east on Silver Lake Road through Bear Flat to State Highway 31; east on State Highway 31 to Silver Lake, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 47-1999, f. & cert. ef. 6-16-99
FWC 72-1989, f. & cert. ef. 8-15-89
FWC 46-1988, f. & cert. ef. 6-13-88
FWC 71-1987, f. & cert. ef. 9-2-87
FWC 35-1986, f. & ef. 8-7-86
FWC 28-1983, f. & ef. 7-8-83
FWC 26-1978, f. & ef. 5-26-78
FWC 119, f. & ef. 6-3-77

Or. Admin. R. 635-080-0077 Fort Rock Unit

The Fort Rock Unit, number 77, is that area beginning at Silver Lake; west on State Highway 31 to Klamath Marsh Road; west on Klamath Marsh Road to Williamson River; west and south along Williamson River returning to Klamath Marsh-Silver Lake Road; west on Klamath Marsh Road to U.S. Highway 97; west on Scott Creek Road 66 one mile to Sand Creek; southwest along Sand Creek to Crater Lake National Park boundary; north and west along Crater Lake National Park boundary to Pacific Crest Trail; north along Pacific Crest Trail to State Highway 58; southeast on State Highway 58 to Crescent Creek; north along Crescent Creek to county road 61 to Crescent; east on county road 61 to Crescent; north on U.S. Highway 97 to Gilchrist main logging road one mile north of Gilchrist; east on Gilchrist main logging road 9775 to State Highway 31 between mileposts 16 and 17; southeast on State Highway 31 to the Fort Rock Road at Horse Ranch; east and south on Fort Rock Road past Fort Rock to Christmas Valley; southwest on Wagontire Road to State Highway 31 nine miles east of Silver Lake; west on State Highway 31 to Silver Lake, point of beginning.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08
FWC 119, f. & ef. 6-3-77; FWC 26-1978, f. & ef. 5-26-78; FWC 28-1983, f. & ef. 7-8-83; FWC 35-1986, f. & ef. 8-7-86; FWC 46-1988, f. & cert. ef. 6-13-88; FWC 72-1989, f. & cert. ef. 8-15-89; FWC 6-1995, f. 1-23-95, cert. ef. 4-1-95; DFW 47-1999,.f. & cert. ef. 6-16-99

Division 90 ACCESS AND HABITAT PROGRAM

Or. Admin. R. 635-090-0000 Purpose

These rules guide the implementation of the Access and Habitat Program authorized under Oregon Laws 1993, Chapter 659.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.300
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.300
FWC 17-1994, f. & cert. ef. 3-10-94

Or. Admin. R. 635-090-0010 Policy

It is the policy of the Oregon Fish and Wildlife Commission to improve Oregon's resource access and wildlife habitat through cooperation between the department, landowners and hunters to manage wildlife on private lands, and through the application of additional financial revenues.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
DFW 48-1998, f. & cert. ef. 6-22-98
FWC 17-1994, f. & cert. ef. 3-10-94

Or. Admin. R. 635-090-0020 Definitions

For the purposes of OAR 635-090-0000 through 635-090-0140 only:

(1) “Access project” means any activity designed to:

(a) Create hunting lease programs on privately owned lands that maintain access at present levels or stimulate new access;

(b) Encourage public and private landowners to open additional lands to the public through cooperative agreements with the department or the Oregon State Police to control that additional access;

(d) Promote private land exchange with public land management agencies to provide better public access to hunting areas; or

(e) Promote proper hunting behavior.

(2) “Act” means sections 13 through 17 of Oregon Laws 1993, Chapter 659 which established the Oregon Access and Habitat Program and Board, and created the Access and Habitat subaccount in the State Wildlife Fund.

(3) “Board” means the Access and Habitat Board.

(4) “Council(s)” means Regional Advisory Council(s).

(5) “Fund” means the State Wildlife Fund created by ORS 496.300.

(6) “Grant agreement” means a contract between the department and a project sponsor describing the project and stating the financial support to be provided from the Access and Habitat subaccount.

(7) “Habitat project” means any activity designed to protect, maintain, or enhance wildlife habitat.

(8) “Landowner preference tag” means a tag authorizing the landowner and his or her immediate family to hunt during the season dates for which the tag is valid only on those lands owned by the landowner.

(9) “Project” means any access project or habitat project as defined in OAR 635-090-0020(1) and (7).

(10) “Project sponsor” means any public, private or nonprofit organization, or individual applying for or implementing an access and habitat project under the Act.

(11) “Region” means any one of four geographic administrative regions of the department.

(12) “Subaccount” means the separate subaccount in the State Wildlife Fund created by section 19 of the Act which may be expended only for access and habitat programs recommended by the board and approved by the commission.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
DFW 46-1999, f. & cert. ef. 6-15-99
DFW 48-1998, f. & cert. ef. 6-22-98
FWC 37-1997, f. & cert. ef 6-17-97
FWC 17-1994, f. & cert. ef. 3-10-94

Or. Admin. R. 635-090-0030 Access and Habitat Board

(1) The Access and Habitat Board shall consist of seven members appointed by the commission.

(2) Members shall be appointed as follows:

(a) One member of the board to represent the public and serve as board chairperson. In making appointments to the board pursuant to this subsection, the commission shall consider recommendations from the director.

(b) Three members to represent the broad spectrum of hunters. In making appointments to the board pursuant to this subsection, the commission shall consider recommendations from the director.

(c) Three members to represent the broad spectrum of agriculture and timber landowners. In making appointments to the board pursuant to this subsection, the commission shall consider recommendations from the director and from a list of at least five persons submitted by the State Forester and the Director of Agriculture.

(3) Board members shall serve four-year terms. Members of the board are eligible for appointment to two consecutive terms.

(4) Official actions of the board require the affirmative vote of at least four members.

(5) The board shall select officers for such terms and with such duties and powers as considered necessary to carry out the responsibilities of the board.

(6) The board shall meet at such times and places as may be determined by the chair or by the majority of board members.

(7) A board member shall receive no compensation, beyond reimbursement for actual and necessary travel and expenses, for expenditures incurred in the performance of official duties.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
DFW 148-2009, f. 12-15-09, cert. ef. 1-1-10
DFW 46-1999, f. & cert. ef. 6-15-99
DFW 48-1998, f. & cert. ef. 6-22-98
FWC 17-1994, f. & cert. ef. 3-10-94

Or. Admin. R. 635-090-0040 Access and Habitat Subaccount

(1) Notwithstanding ORS 496.300, all moneys received by the commission pursuant to section 19 of the Act shall be deposited in a separate subaccount in the State Wildlife Fund. Moneys in the subaccount may be expended only for the access and habitat programs recommended by the board for the benefit of the wildlife resources of the state.

(2) The department shall credit the subaccount with a sum equal to 15 percent of the other fund budget (funds derived solely from hunting license and tag fees) allocated to the Green Forage and Deer Enhancement and Restoration programs.

(3) The department shall not assess its personnel costs in the administration of this program against the subaccount without the prior approval of the Access and Habitat Board.

(4) The board may accept, from whatever source, gifts or grants for access and habitat purposes. All moneys so accepted shall be deposited in the subaccount referenced in OAR 635-090-0040(1). Unless otherwise required by the terms of the gift or grant, gifts or grants shall be expended as provided in 635-090-0050.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
DFW 46-1999, f. & cert. ef. 6-15-99
DFW 48-1998, f. & cert. ef. 6-22-98
FWC 17-1994, f. & cert. ef. 3-10-94

Or. Admin. R. 635-090-0050 Access and Habitat Subaccount Expenditures

All moneys made available for access and habitat programs from surcharges received under section 19 of the Act and from gifts and grants to the Access and Habitat Program may be expended only upon the recommendation of the board and the approval of the commission. Funds may be expended on programs that:

(1) Benefit wildlife by improving habitat. Such programs shall be coordinated with the Wildlife Division and shall be in addition to programs provided by federal funds. These programs may:

(a) Be on private land;

(b) Provide seed and fertilizer to offset forage consumed by wildlife and for other programs that enhance forage; and

(2) Promote access to public and private lands through contracting for various levels of management of these lands. These management programs may include:

(a) Creating hunting lease programs that provide access at present levels or stimulate new access;

(b) Controlling access;

(d) Promoting land exchanges;

(e) Promoting proper hunting behavior; or

(f) Acquisition of easements.

(3) Provide for wildlife feeding to alleviate damage, to intercept wildlife before they become involved in a damage situation, and for practical food replacement in severe winters.

(4) Coordinate volunteers to improve habitat, repair damage to fences or roads by wildlife or recreationists, monitor orderly hunter use of public and private lands, and assist the Oregon State Police in law enforcement activities.

(5) Administer the auction or raffle of access and habitat deer/elk tags to provide incentives for habitat or access projects.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
DFW 148-2009, f. 12-15-09, cert. ef. 1-1-10
DFW 46-1999, f. & cert. ef. 6-15-99
DFW 48-1998, f. & cert. ef. 6-22-98
FWC 17-1994, f. & cert. ef. 3-10-94

Or. Admin. R. 635-090-0060 Recommendations of the Access and Habitat Board

(1) The Access and Habitat Board shall meet, adopt and recommend to the commission (at intervals not to exceed 120 days) access and habitat programs.

(2) The commission shall review such programs and may approve or disapprove the program recommendation by the board. Funds may be expended from the subaccount referenced in OAR 635-090-0040(1) for projects that have been approved by the commission.

(3) The department and board shall submit to the Legislature a joint report on the expenditure of funds for access and habitat programs and on the status of various projects.

(4) In recommending access and habitat programs, the board shall:

(a) Recommend a mix of projects that provides a balance between access and habitat benefits.

(b) Recommend projects that are to be implemented by volunteers under volunteer coordinators and non-profit organizations engaged in approved access and habitat activities.

(c) Recommend programs that recognize and encourage the contributions of landowners to wildlife and programs that minimize the economic loss to those landowners.

(d) Encourage agreements with landowners who request damage control hunts to ensure public access to those hunts.

(e) Encourage projects that result in obtaining matching funds from other sources.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
DFW 46-1999, f. & cert. ef. 6-15-99
DFW 48-1998, f. & cert. ef. 6-22-98
FWC 17-1994, f. & cert. ef. 3-10-94

Or. Admin. R. 635-090-0070 Regional Access and Habitat Advisory Councils

(1) Individuals who reside in the department's various regions may form advisory councils to discuss and consider access and habitat programs and projects and to make recommendations to the Access and Habitat Board.

(a) Advisory council membership shall be in the same representative proportions as described for the board at 635-090-0030(1) and (2).

(b) Regional Advisory Councils may be established as needed to adequately represent the land base and geographic areas of the state.

(c) The board shall consult with the Advisory Council for a region (if one exists) when considering proposals affecting that region.

(2) Employees of the department may act in an advisory capacity to the various councils.

(3) An individual shall receive no compensation or expenses for service as a member.

(4) Regional Advisory Council members shall be appointed by the Access and Habitat Board as follows:

(a) Council applicants shall be sought via public notice by the department, Access and Habitat Board or Regional Advisory Council.

(b) Interested applicants shall submit an application to the department for consideration by the prospective Regional Advisory Council and Access and Habitat Board.

(c) In making appointments to each Regional Advisory Council pursuant to this section, the Access and Habitat Board shall consider recommendations from the respective Regional Advisory Council.

(5) Regional Advisory Council members shall serve four-year terms. Members of the council are eligible for appointment to two consecutive terms.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
DFW 46-1999, f. & cert. ef. 6-15-99
DFW 48-1998, f. & cert. ef. 6-22-98
FWC 17-1994, f. & cert. ef. 3-10-94

Or. Admin. R. 635-090-0080 Access and Habitat Project Application

(1) Any public, private or non profit organization, or individual may propose an access and habitat 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 application must provide:

(a) Well-defined and/or measurable goals;

(b) Measures to achieve project goals;

(d) Estimated project costs and estimated contribution of the project to public access and/or habitat protection;

(e) Standards for monitoring the effectiveness of habitat maintenance or enhancement or access measures; and

(f) A mechanism to modify the project to meet the agreed upon goals.

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

(6) The board or commission may require any additional information deemed necessary to evaluate the project proposal.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
DFW 40-2000, f. & cert. ef. 7-25-00
DFW 46-1999, f. & cert. ef. 6-15-99
DFW 48-1998, f. & cert. ef. 6-22-98
FWC 17-1994, f. & cert. ef. 3-10-94

Or. Admin. R. 635-090-0090 Evaluation Criteria for Proposed Access and Habitat Projects

(1) All proposed access and habitat projects shall be evaluated by the board for consistency with department wildlife and habitat management goals and objectives as set forth in administrative rules, species and/or management area plans, and department habitat conservation standards and guidelines approved or adopted by the commission.

(2) The Board shall not recommend a project for funding if it finds the project:

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

(b) Is contrary to sound biological principles;

(d) Is inconsistent with statewide land use planning goals and local acknowledged land use plans; or

(e) Violates department goals, policies, administrative rules, or species or other management plans approved or adopted by the commission.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
DFW 46-1999, f. & cert. ef. 6-15-99
DFW 48-1998, f. & cert. ef. 6-22-98
FWC 17-1994, f. & cert. ef. 3-10-94

Or. Admin. R. 635-090-0100 Commission Approval of Proposed Access and Habitat Projects

(1) The commission shall review the board’s recommendations and may approve or disapprove any or all projects recommended for funding.

(2) The board shall attach terms and conditions to project proposals necessary to protect and enhance the state’s wildlife and their habitat. Terms and conditions shall include but are not limited to requiring the project sponsor to:

(a) Acquire written approval from the board prior to initiating the project;

(b) Agree to complete the project as approved by the commission and within the timeframe specified in the grant agreement;

(c) 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 board prior to commencing the project;

(d) File with the board a written request for permission to modify the project. Proposed modifications shall include the rationale for the requested change and shall be submitted to and approved by the board and the commission prior to initiating any work proposed in the modification;

(e) Submit a project report at the completion of the project describing the work done;

(f) Monitor and report the effectiveness of the project during the grant agreement period;

(g) Allow access to the project by commission or board members (or their representatives) to monitor and/or evaluate the project; and

(h) Account for access and habitat funds distributed by the department.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
DFW 46-1999, f. & cert. ef. 6-15-99
DFW 48-1998, f. & cert. ef. 6-22-98
FWC 17-1994, f. & cert. ef. 3-10-94

Or. Admin. R. 635-090-0110 Revocation of Access and Habitat Project Approval

(1) The commission may revoke 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;

(b) The project sponsor has violated any term or condition imposed on the project;

(d) 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 through 183.550.

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

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

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
DFW 46-1999, f. & cert. ef. 6-15-99
DFW 48-1998, f. & cert. ef. 6-22-98
FWC 17-1994, f. & cert. ef. 3-10-94

Or. Admin. R. 635-090-0120 Access and Habitat Project Grant Agreement

(1) Project sponsors other than the department shall enter into a grant agreement with the department prior to initiating the access and habitat project.

(2) The department shall distribute no funds under a grant agreement until it receives satisfactory evidence that all necessary permits and licenses have been granted and the required documents submitted.

(3) The department may release advance funds upon presentation of a detailed estimate of expenses for a time period specified in the grant agreement. The department will release no additional funds until the project sponsor submits all receipts for expenditures of the advance fund release.

(4) The department may release funds upon presentation of a completed Fund Release Request form accompanied by proof of the completion of specific work elements of the project as identified in the grant agreement. Proof of completion may include paid receipts of invoices for materials or contracted labor, or inspection reports.

(5) Except for grants of less than $2,000, the department shall retain a minimum of 10 percent of project funds until it receives the report required in OAR 635-090-0100(2)(e) and it evaluates the project for completion and compliance with the grant agreement.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
DFW 48-1998, f. & cert. ef. 6-22-98
FWC 17-1994, f. & cert. ef. 3-10-94

Or. Admin. R. 635-090-0130 Landowner Preference Tags

A landowner who is qualified to receive landowner preference tags from the commission may request from the board two additional tags for providing current public access and two additional tags for current wildlife habitat programs.

(1) This request shall be made with supporting evidence that the access is significant and the habitat programs benefit wildlife.

(2) The board may recommend that the commission grant the request.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
DFW 48-1998, f. & cert. ef. 6-22-98
FWC 17-1994, f. & cert. ef. 3-10-94

Or. Admin. R. 635-090-0140 Deer and Elk Tag Auction and Raffle

(1) Notwithstanding ORS 496.146(10), upon the recommendation of the Access and Habitat Board, the Commission may issue each year up to ten elk and ten deer tags to hunt deer or elk. Recommendations from the Board shall include:

(a) The land on which each tag shall be used;

(b) The percentage of funds (not to exceed 50 percent) received from the tags that may revert to the landowner if the tag is limited to private land; and

(2) The Board may contract with a sportsman's group or other organization to conduct a raffle or an auction to issue the access and habitat deer and elk tags.

(3) The access and habitat raffle and/or auction deer and elk tags are in addition to all other tags and permits approved by the Commission.

(a) In addition to the number of deer and elk tags legally available to an individual, an individual is allowed one additional elk and one additional deer tag annually, provided these tags are Access and Habitat auction or raffle tags.

(b) The Board shall recommend season dates and open area specific to the tag.

(4) Access and habitat deer/elk tag raffle requirements:

(a) There is no limit on the number of chances a person may purchase. Raffle chances shall be available for purchase in the following denominations with the addition of a $2.00 license agent fee:

(A) Deer Tags

(i) One chance at a cost of $2.50.

(ii) Six chances at a cost of $9.50.

(iii) Fifteen chances at a cost of $19.50.

(iv) Forty chances at a cost of $49.50.

(v) One hundred chances at a cost of $99.50.

(B) Elk tags

(i) One chance at a cost of $4.50.

(ii) Six chances at a cost of $19.50.

(iii) Fifteen chances at a cost of $39.50.

(iv) Forty chances at a cost of $99.50.

(i) One chance at a cost of $9.50.

(ii) Six chances at a cost of $29.50.

(iii) Fifteen chances at a cost of $59.50.

(iv) Forty chances at a cost of $149.50.

(b) Raffle chances will be available to the public online and through authorized License Agents during the dates specified in the current Big Game Regulations. Chances may be sold by Department representatives at various public events or meetings of sportsmen and landowners.

(d) There shall be no refunds for any raffle chance purchases.

(e) One winner and a minimum of two alternate winners shall be drawn at a public drawing; time and location to be determined by the Board and Department.

(f) If a person is drawn as the winner of more than one hunt for the same species, the Department will issue the first Access and Habitat raffle deer/elk tag drawn by the person who meets all criteria specified herein.

(g) The order in which the winner and alternate winners for the deer/elk raffle hunts shall be drawn at the public drawing is as follows:

(A) Statewide Combination Elk and Deer — #AH002.

(B) Statewide Deer Hunt — #AH001.

(D) Central Oregon Deer Hunt — #AH005.

(E) Northeast Oregon Deer Hunt — #AH003.

(F) Statewide Elk Hunt — #AH009.

(G) Northeast Oregon Elk Hunt — #AH006.

(H) Central/Southeast Elk Hunt — #AH007.

(I) Western Oregon Elk Hunt — #AH008.

(h) The Department will notify the winner. If the winner does not claim the tag by 5 p.m., July 1, the winner shall be disqualified and the Department will attempt to notify the first alternate. If the first alternate does not claim the tag within 10 business days of July 1, the first alternate shall be disqualified and the Department will attempt to notify the second alternate. If the tag is not claimed by 5 p.m., July 31, it will not be issued. Notification attempts will be made by phone, email or postal mail, in that order.

(i) The access and habitat raffle deer/elk tag winners must have a valid hunting license before they will be issued the tag(s).

(j) The Department will issue an access and habitat raffle deer/elk tag to the person who purchased the winning chance and who meets all criteria specified herein. The tag is not transferable.

(5) Access and habitat deer/elk tag auction requirements:

(a) Residents and nonresidents are eligible to bid.

(b) The minimum acceptable bid for an access and habitat auction tag is $10,000 for deer and $15,000 for elk. The bid price includes the tag fee.

(c) Individuals, agents, corporations, or others that submit the highest bid shall provide the name, address, phone number, and affiliation of the individual to whom the access and habitat auction deer/elk tag shall be issued to a Department representative or a representative of the organization authorized to conduct the auction immediately upon the conclusion of the auction of such tag.

(d) Submittal of the winning bid shall be made to the Department by cashier's check or certified check within 20 working days of the date of the auction (whether conducted by the Department or by a sportsman's group or organization authorized to do so).

(e) If the full amount of the bid is not paid as required by OAR 635-090-140(5)(d), the Department may, at its discretion, reject the bid and offer the access and habitat auction deer/elk tag to the next highest bidder. Such next highest bidder must make payment to the Department by cashier's check or certified check within five working days of notification.

(f) The access and habitat auction deer/elk tag winner must have a valid hunting license before they will be issued the tag(s).

(g) The Department will issue an access and habitat auction deer/elk tag to the winner who meets all criteria specified herein. The tag is not transferable.

(h) The Department reserves the right to accept or reject any or all access and habitat auction deer/elk tag bids.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232, 496.242 & 496.112
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232, 496.242 & 496.112
DFW 138-2022, amend filed 09/30/2022, effective 09/30/2022
DFW 121-2020, amend filed 09/18/2020, effective 09/18/2020
DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
FWC 17-1994, f. & cert. ef. 3-10-94; FWC 87-1994, f. & cert. ef. 11-22-94, FWC 52-1995, f. & cert. ef. 6-16-95; FWC 36-1996, f. & cert. ef. 6-7-96; DFW 48-1998, f. & cert. ef. 6-22-98; DFW 46-1999, f. & cert. ef. 6-15-99; DFW 1-2000(Temp), f. & cert. ef. 1-3-00 thru 6-30-00; DFW 40-2000, f. & cert. ef. 7-25-00; DFW 62-2001, f. & cert. ef. 7-25-01; DFW 106-2003, f. & cert. ef. 10-16-03; DFW 68-2004, f. & cert. ef. 7-13-04; DFW 48-2006, f. & cert. ef. 6-21-06; DFW 130-2006(Temp), f. & cert. ef. 12-15-06 thru 6-13-06; Administrative Correction, 6-16-07

Or. Admin. R. 635-090-0150 Deer and Elk Auction Tags

(1) The following tags will be auctioned to the highest bidder annually in such manner and at such time as determined by the department pursuant to OAR 635-090-0140. Hunters successful in bidding for one of the following tags are subject to the provisions of 635-090-0140 and OAR chapter 635, division 065.

(2) Governor's Statewide Combination Hunt.

(a) Bag Limit: One elk and one deer except no take of Columbian white-tailed deer outside of the Douglas county portion of Wildlife Management Units 21, 22, 23 and 24.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(d) Open Area: Any area within Oregon Wildlife Unit Boundaries as defined in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065).

(e) Weapon: Any weapon legal for elk hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: One (1) elk and one (1) deer.

(3) Statewide Deer Hunt.

(a) Bag Limit: One deer except no take of Columbian white-tailed deer outside of the Douglas county portion of Wildlife Management Units 21, 22, 23 and 24.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(e) Weapon: Any weapon legal for deer hunting as provided in OAR chapter 635, division 065.

(f) Number of Tags: Four.

(4) Statewide Elk Hunt.

(a) Bag Limit: One elk.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(e) Weapon: Any weapon legal for elk hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: Four.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
DFW 117-2023, amend filed 12/21/2023, effective 12/22/2023
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 48-2006, f. & cert. ef. 6-21-06
DFW 68-2004, f. & cert. ef. 7-13-04
DFW 60-2002, f. & cert. ef. 6-11-02
DFW 40-2000, f. & cert. ef. 7-25-00
DFW 48-1998, f. & cert. ef. 6-22-98
FWC 36-1996, f. & cert. ef. 6-7-96
FWC 87-1994, f. & cert. ef. 11-22-94
FWC 35-1994, f. & cert. ef. 6-16-94

Or. Admin. R. 635-090-0160 Deer and Elk Raffle Tags

(1) The following tags will be issued annually to individuals selected through a public drawing.

(2) Statewide Deer Hunt #AH001.

(a) Bag Limit: One deer except no take of Columbian white-tailed deer outside of the Douglas county portion of Wildlife Management Units 21, 22, 23 and 24.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(e) Weapon: Any weapon legal for deer hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: One.

(3) Statewide Combination Elk and Deer #AH002

(a) Bag Limit: One elk and one deer except no take of Columbian white-tailed deer outside of the Douglas county portion of Wildlife Management Units 21, 22, 23 and 24.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(e) Weapon: Any weapon legal for elk hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: One (1) elk and one (1) deer.

(4) Northeast Oregon Deer Hunt #AH003.

(a) Bag Limit: One deer.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(d) Open Area: Any area open to controlled buck deer rifle hunts within the following wildlife units as described in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065): Columbia Basin, Walla Walla, Wenaha, Sled Springs, Chesnimnus, Snake River, Imnaha, Minam, Catherine Creek, Mt. Emily, Ukiah, Heppner, Fossil, Northside, Desolation, Starkey, Sumpter, Lookout Mountain, Keating, and Pine Creek.

(e) Weapon: Any weapon legal for deer hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: One.

(5) Southeast Oregon Deer Hunt #AH004.

(a) Bag Limit: One deer.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(d) Open Area: Any area open to controlled buck deer rifle hunts within the following wildlife units as described in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065): Murderers Creek, Beulah, Owyhee, Malheur River, Silvies, Juniper, Steens Mountain, Whitehorse, Beatys Butte, and Warner.

(e) Weapon: Any weapon legal for deer hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: One.

(6) Central Oregon Deer Hunt #AH005.

(a) Bag Limit: One deer.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(d) Open Area: Any area open to controlled buck deer rifle hunts within the following wildlife units as described in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065: Hood, White River, Biggs, Maupin, Grizzly, Metolius, Ochoco, Maury, Paulina, Upper Deschutes, Fort Rock, Wagontire, Silver Lake, Sprague, Keno, Klamath Falls, and Interstate.

(e) Weapon: Any weapon legal for deer hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: One.

(7) Northeast Oregon Elk Hunt #AH006.

(a) Bag Limit: One elk.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(d) Open Area: Any area open to controlled or general season elk rifle hunts within the following wildlife units as described in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065): Columbia Basin, Walla Walla, Wenaha, Sled Springs, Chesnimnus, Snake River, Imnaha, Minam, Catherine Creek, Mt. Emily, Ukiah, Heppner, Fossil, Northside, Desolation, Starkey, Sumpter, Lookout Mountain, Keating, and Pine Creek.

(e) Weapon: Any weapon legal for elk hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: One.

(8) Central/Southeast Elk Hunt #AH007.

(a) Bag Limit: One elk.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(d) Open Area: Any area open to controlled or general season elk rifle hunts within the following wildlife units as described in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065): Murderers Creek, Beulah, Owyhee, Malheur River, Silvies, Juniper, Steens Mountain, Whitehorse, Beatys Butte, Warner, Hood, White River, Biggs, Maupin, Grizzly, Metolius, Ochoco, Maury, Paulina, Upper Deschutes, Fort Rock, Wagontire, Silver Lake, Sprague, Keno, Klamath Falls, and Interstate.

(e) Weapon: Any weapon legal for elk hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: One.

(9) Western Oregon Elk Hunt #AH008.

(a) Bag Limit: One elk.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(d) Open Area: Any area within Western Oregon Wildlife Unit Boundaries as defined in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065).

(e) Weapon: Any weapon legal for elk hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: One.

(10) Statewide Elk Hunt #AH009.

(a) Bag Limit: One elk.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(e) Weapon: Any weapon legal for elk hunting as provided in OAR chapter 635, division 65.

(f) Number of tags: One.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
DFW 117-2023, amend filed 12/21/2023, effective 12/22/2023
DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018
DFW 48-2006, f. & cert. ef. 6-21-06
DFW 68-2004, f. & cert. ef. 7-13-04
DFW 60-2002, f. & cert. ef. 6-11-02
DFW 40-2000, f. & cert. ef. 7-25-00
DFW 48-1998, f. & cert. ef. 6-22-98

Or. Admin. R. 635-090-0200 Emergency Seeding

(1) This section creates a special, fast-track review and approval process available to the Board for emergency seeding projects that address recent, wildfire-caused impacts to lands providing wildlife habitat. Notwithstanding any other rule, the Board may (at its discretion) process grant applications for such emergency projects using any or all of the special process elements provided by subsection (2) of this rule. However, the substantive standards provided in other rules shall still apply, with the addition of the special criteria specified in subsection (4) below.

(2) When processing an application for an emergency project, the Board may:

(a) Consult with the appropriate Regional Advisory Council in the most expeditious manner available (which may include fax, e-mail or telephone);

(b) Consider and vote on the application during a special meeting of the Board upon shorter notice than required for regular Board meetings; and

(3) Any emergency grant application recommended by the Board through the special procedures provided by this rule shall be forwarded to the Director (rather than the Commission) for final funding decision. The Director shall act on such a recommendation within 7 working days of receipt.

(4) The Board shall apply the following special criteria to emergency grant applications, in addition to the general standards provided elsewhere in this division:

(a) The proposed project must be located entirely on private land;

(b) The project site must provide critical habitat for wildlife;

(c) The project must propose emergency seeding to benefit wildlife, and the seed mixture has been approved by the local ODFW district biologist;

(d) All equipment needed to complete the project is available; and

(e) The seeding can be completed in the timeframe required.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
DFW 6-2007, f. & cert. ef. 1-18-07

Division 95 HABITAT CONSERVATION, UPLAND GAME BIRD, AND WATERFOWL STAMPS

Or. Admin. R. 635-095-0100 Purpose

The purpose of these rules is to describe the procedures and necessary accompanying information for submission of artwork for the Habitat Conservation, Upland Game Bird, and Waterfowl Stamp art competitions, selection of the winning entries, obligations of the winning artists, and sales provisions pursuant to ORS Chapter 496.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.303, 496.550, 496.555, 496.558, 496.562, 496.566, 496.571, 497.151, 497.153 & 497
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.303, 496.550, 496.555, 496.558, 496.562, 496.566, 496.571, 497.151 & 497.153
DFW 14-2015, f. & cert. ef. 2-25-15
DFW 65-2014, f. 6-11-14, cert. ef. 7-4-14
DFW 13-2012, f. & cert. ef. 2-10-12

Or. Admin. R. 635-095-0105 Submission of Artwork: Requirements

(1) Applicants shall submit artwork for the Habitat Conservation, Upland Game Bird, and Waterfowl Stamp art competitions to the Department headquarters office (4034 Fairview Industrial Drive SE, Salem, OR 97302) on the dates indicated on the Contest Rules posted to the Oregon Department of Fish and Wildlife website.

(2) Artwork shall feature eligible species. A list of eligible species for each contest will be provided on the respective Art Competition Entry Form for the corresponding stamp year.

(3) Artist depictions must be identifiable as an eligible species or will be disqualified from the competition.

(4) Image size of each entry shall measure 13 inches by 18 inches (horizontal or vertical) and shall be in any full color medium.

(5) No photographs, sculptures, fabric art, computer-generated or computer-enhanced art, or carvings will be accepted.

(6) The artwork shall be the artist’s original creation. A direct copy of another person’s artwork or photograph is not acceptable.

(7) The artwork shall be unsigned by the artist. Any signed artwork will be disqualified.

(8) Artwork previously used in production or entered into any state or federal stamp competition, including Oregon, will be disqualified.

(9) The artwork shall be completely dry. The Department is not responsible for damage to any artwork submitted wet or uncured.

(10) The entry shall be mounted and/or matted (white only), but it shall not be framed or under glass.

(11) All entries must be submitted in sturdy reusable containers. Artwork will be returned to the artist in the same packaging as originally submitted. The Department will not be liable for loss or damage during shipment to or from the Department's office.

(12) Entries shall include a pre-paid return label for shipping the entry back to the artist following judging.

(13) It is the responsibility of each entrant to obtain adequate property insurance coverage for their contest submission. The Department assumes no liability for damage, loss, or theft of any entry.

(14) Artists may submit more than one entry meeting the requirements herein.

(15) Each artist shall submit with each entry a completed Art Competition Entry Form provided by the Department. The Department reserves the right to use this information for publicity should the work be selected.

(16) Department employees are not eligible to participate in the contests.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.303, 496.550, 496.555, 496.558, 496.562, 496.566, 496.571, 497.151, 497.153 & 497.156
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.303, 496.550, 496.555, 496.558, 496.562, 496.566, 496.571, 497.151 & 497.153
DFW 47-2024, amend filed 06/18/2024, effective 06/18/2024
DFW 14-2015, f. & cert. ef. 2-25-15
DFW 65-2014, f. 6-11-14, cert. ef. 7-4-14
DFW 57-2012, f. & cert. ef. 6-11-12
DFW 13-2012, f. & cert. ef. 2-10-12

Or. Admin. R. 635-095-0111 Selection Process and Criteria

(1) Winning entries shall be selected by a five-member panel including one Fish and Wildlife Commission member and four citizens appointed by the Director or their designee. Panel members may include representatives from the art community, wildlife profession, news media and conservation organizations.

(2) The selection panel shall choose winning artwork based on:

(a) Artistic composition;

(b) Anatomical accuracy;

(d) General rendering;

(e) Background; and

(f) General appeal.

(3) All artwork submissions shall be made available for public viewing following selection of the winning entries.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.303, 496.550, 496.555, 496.571, 497.151, 497.153 & 497.156
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.303, 496.550, 496.555, 496.571, 497.151 & 497.153
DFW 14-2015, f. & cert. ef. 2-25-15
DFW 13-2012, f. & cert. ef. 2-10-12

Or. Admin. R. 635-095-0125 Other Provisions

(1) The fee for the Habitat Conservation Stamp is $18.00 (plus $2.00 agent fee).

(2) Sale of Habitat Conservation Stamps by the Department shall end at the close of business on December 31, of the respective year

(3) Sale of Upland Game Bird and Waterfowl Stamps by the Department shall end at the close of business on June 30, of the respective year.

(4) If prints of winning entries are produced, up to 200 stamps with numbers corresponding with the prints signed by the artist will be retained past the sales deadlines specified above. These stamps will only be sold with the sale of the corresponding prints.

(5) The Department shall award the amount indicated on the Contest Rules posted to the Oregon Department of Fish and Wildlife website to the winning artist of each of the stamp contests.

(6) The winning entries shall become the exclusive property of the Department.

(7) The Department shall retain all reproduction rights of winning entries.

(8) The winning artist for each contest shall sign, at no charge, up to two hundred fifty (250) prints and/or stamps for sale by the Department

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 496.303, 496.550, 496.555, 496.558, 496.562, 496.571, 497.151, 497.153, 497.156 & 496.566
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 496.303, 496.550, 496.555, 496.558, 496.562, 496.571, 497.151, 497.153, 497.156 & 496.566
DFW 47-2024, amend filed 06/18/2024, effective 06/18/2024
DFW 14-2015, f. & cert. ef. 2-25-15
Reverted to DFW 65-2014, f. 6-11-14, cert. ef. 7-4-14
DFW 88-2014(Temp), f. & cert. ef. 7-7-14 thru 12-31-14
DFW 65-2014, f. 6-11-14, cert. ef. 7-4-14
DFW 51-2013, f. & cert. ef. 6-10-13
DFW 156-2012(Temp), f. & cert. ef. 12-31-12 thru 6-28-13
DFW 57-2012, f. & cert. ef. 6-11-12
DFW 13-2012, f. & cert. ef. 2-10-12

Division 97 PRIVATE FOREST ACCORD GRANT PROGRAM

Or. Admin. R. 635-097-0000 Purpose

The purpose of the Private Forest Accord Grant Program is to fund projects that mitigate the impacts of certain forest practices on species covered by the Private Forests Accord Habitat Conservation Plan (HCP), which is to be submitted by the Board of Forestry to meet requirements of Oregon Laws 2022, chapter 33, section 11. The rules governing the Private Forest Accord Grant Program are OAR 635-097-0000 through 635-097-0110, referred to herein as the “PFA Grant rules”.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & Oregon Laws 2022, Chapter 33, Sections 30-32
Statutes/Other Implemented: ORS 496.012 & Oregon Laws 2022, Chapter 33, Sections 30-32
DFW 74-2025, amend filed 08/20/2025, effective 08/20/2025
DFW 80-2023, adopt filed 08/10/2023, effective 08/10/2023

Or. Admin. R. 635-097-0010 Definitions

These definitions apply for 635-097-0000 through 635-097-0110 only:

(1) "Agreement" means a documented mutual assent between the Department and a project applicant describing the project and the financial support to be provided from the Private Forest Accord Grant Program.

(2) "Applicant" means an eligible entity that provides a project application for the Private Forest Accord Grant Program.

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

(4) "Covered Activities" are forest practices conducted on private forestland excluding the application of pesticides or fertilizers.

(5) “Covered Species” means the specific fish and amphibian species identified in the PFA Authors Report (dated February 2, 2022, and published by the State Forestry Department on February 7, 2022).

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

(7) "Forest practice", as defined in ORS 527.620, means any operation conducted on or pertaining to forestland, including but not limited to:

(a) Reforestation of forestland;

(b) Road construction and maintenance;

(d) Application of chemicals;

(e) Disposal of slash; and

(f) Removal of woody biomass.

(8) "Grant" means a funding opportunity through competitive solicitation.

(9) "Grantee" means an applicant that enters into an agreement with the Department to accomplish a project.

(10) "HCP" means the anticipated Oregon Private Forest Accord Aquatic Habitat Conservation Plan to be submitted by the State Board of Forestry to the National Marine Fisheries Service and the United States Fish and Wildlife Service consistent with requirements of Oregon Laws, Chapter 33, Section 11(1).

(11) “PFA Advisory Committee” means the Private Forest Accord Mitigation Advisory Committee which is an advisory committee to the State Fish and Wildlife Commission and the State Department of Fish and Wildlife for the Private Forest Accord Grant Program.

(12) "Mitigation" for the purposes of the PFA Grant Program is defined as implementing measures that provide conservation benefits to covered species.

(13) "PFA" means the Private Forest Accord.

(14) “PFA Grant Program” is the program authorized by Oregon Laws 2022, chapter 33, section 32 for the purpose of funding projects that provide conservation benefits to covered species.

(15) "Quorum" means a majority of the PFA Advisory Committee voting members.

(16) "Solicitation" is a notice that invites entities to apply for funding to the Private Forest Accord Grant Program. The solicitation will outline the goals of the grant program, activities eligible (or ineligible) to be performed as part of the grant program, and application requirements, amongst other essential details.

(17) "Review Team" is a team of designated persons with interdisciplinary expertise drawn from entities deemed appropriate by the Department to evaluate grant applications based on evaluation criteria.

(18) "Tribe(s)" means a federally recognized Indian tribe in Oregon.

(19) “Local government” has the meaning given that term in ORS 174.116.

(20) “Local organization” means an organization that:

(a) Is a special government body as defined in ORS 174.117, a federally recognized Indian tribe, a nonprofit organization or other organization identified by a provider of water project support by rule as eligible to receive water project support; and

(b) Operates in an area affected by a water project.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & Oregon Laws 2022, Chapter 33, Sections 30-32
Statutes/Other Implemented: ORS 496.012 & Oregon Laws 2022, Chapter 33, Sections 30-32
DFW 74-2025, amend filed 08/20/2025, effective 08/20/2025
DFW 80-2023, adopt filed 08/10/2023, effective 08/10/2023

Or. Admin. R. 635-097-0020 Private Forest Accord Grant Program

(1) The Private Forest Accord Mitigation Subaccount (hereafter referred to as "PFA Fund" or "Fund") shall consist of all moneys appropriated to the Department for deposit in the Fund or otherwise transferred to the Fund, and gifts, grants, contributions or other donations that are received by the Department from any public or private source and caused to be deposited and credited to the Fund.

(2) The Department shall fund projects approved by the Commission with funds from the PFA Fund consistent with advice from the PFA Advisory Committee and these PFA Grant rules.

(3) The Department shall expend moneys in the PFA Fund only for:

(a) Projects recommended by the PFA Advisory Committee to the Department, and approved by the Commission that meet eligibility requirements in OAR 635-097-0050,

(b) Projects that conduct outreach to further the purpose of PFA Grant Program, and

(4) The Department and PFA Advisory Committee shall submit a joint biennial report to the Legislature on the expenditure of funds for the PFA Grant Program and the status of funded projects.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & Oregon Laws 2022, Chapter 33, Sections 30-32
Statutes/Other Implemented: ORS 496.012 & Oregon Laws 2022, Chapter 33, Sections 30-32
DFW 74-2025, amend filed 08/20/2025, effective 08/20/2025
DFW 80-2023, adopt filed 08/10/2023, effective 08/10/2023

Or. Admin. R. 635-097-0030 PFA Advisory Committee Purpose and Duties

(1) The purpose and duties of the PFA Advisory Committee are to:

(a) Review Department policies regarding the use of moneys deposited in the PFA Grant Program and make recommendations to the Department and Commission regarding the use of the moneys in the Fund, and

(b) Solicit and review grant applications under the PFA Grant Program as described in OAR 635-097-0040.

(2) The PFA Advisory Committee shall consist of seven voting members and up to five nonvoting members. The composition of the PFA Advisory Committee is as follows:

(a) Voting Members:

(A) Six voting members are appointed by the Governor, which shall include three members who represent the timber industry, and three members who represent nongovernmental organizations promoting freshwater aquatic habitat conservation.

(B) One voting member is appointed by the Oregon Conservation and Recreation Advisory Committee from among themselves.

(C) The term of a voting member is four years. Voting members may be reappointed but may not serve more than two full terms.

(b) Nonvoting members: The Department shall appoint up to five nonvoting members representing and as recommended by each of the following agencies:

(A) The State Department of Forestry,

(B) The Oregon Watershed Enhancement Board,

(D) The United States Fish and Wildlife Service, and

(E) The National Marine Fisheries Service.

(3) The PFA Advisory Committee shall select officers for such terms and with such duties and powers it considers necessary to carry out the responsibilities of the PFA Advisory Committee. In addition, the members of the PFA Advisory Committee shall choose a temporary officer in the absence of the officers.

(4) In undertaking the duties described in section (1) of this rule, the PFA Advisory Committee may solicit and consider project recommendations from other grant programs such as the Oregon Conservation and Recreation Fund.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & Oregon Laws 2022, Chapter 33, Sections 30-32
Statutes/Other Implemented: ORS 496.012 & Oregon Laws 2022, Chapter 33, Sections 30-32
DFW 74-2025, amend filed 08/20/2025, effective 08/20/2025
DFW 80-2023, adopt filed 08/10/2023, effective 08/10/2023

Or. Admin. R. 635-097-0050 Private Forest Accord Grant Program Solicitation

The Department, in collaboration with the PFA Advisory Committee, shall offer Grant funding solicitations for proposals pursuant to the following:

(1) Grant funding proposals shall be solicited no less than once per year through a request for proposals.

(2) Interested applicants shall submit a project application to the Department by the deadline described in the solicitation.

(3) The Department, in collaboration with the PFA Advisory Committee and review teams, shall review all Grant funding applications against the Evaluation Criteria in OAR 635-097-0070, and any other requirements deemed appropriate by the Department which will be made available in the current solicitation.

(4) Project match may not be required for Grants but may be considered during the review process.

(5) Project monitoring may be required with conditions made available in the current solicitation.

(6) The PFA Advisory Committee may request that an applicant amend a project application's scope of work and budget to meet program priorities, and Department staff may assist with such amendments.

(7) The Commission may award grant funding to projects throughout the State of Oregon that provide conservation benefits to covered species, with advice from the Department and the PFA Advisory Committee.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & Oregon Laws 2022, Chapter 33, Sections 30-32
Statutes/Other Implemented: ORS 496.012 & Oregon Laws 2022, Chapter 33, Sections 30-32
DFW 74-2025, amend filed 08/20/2025, effective 08/20/2025
DFW 80-2023, adopt filed 08/10/2023, effective 08/10/2023

Or. Admin. R. 635-097-0070 Private Forest Accord Grant Program Project Eligibility and Authorized Use of Grant Funds

(1) Eligible Applicants are any local, State of Oregon, or federal agency, Tribe(s), political subdivision of this state, college or university, non-profit or private corporation, or limited liability corporation. Individuals may partner with an eligible entity.

(2) An applicant may be deemed ineligible by the Department if they have had a previous project revoked for reasons listed in OAR 635-097-0100.

(3) A Grantee may only expend monies granted from the PFA Grant Program as authorized by a signed agreement with the Department for a purpose(s) authorized by these rules.

(4) Funding from the PFA Grant Program shall not be used for any prior or current compensatory mitigation obligations. Habitat projects funded by the PFA Grant Program cannot be used for the purpose of generating compensatory mitigation credits to offset or account for other compensatory mitigation obligations.

(5) Eligible projects include, but are not limited to:

(a) Removing structures that block the passage of aquatic organisms or repairing the structures to promote the passage of aquatic organisms,

(b) Placing logs or other wood-based material in streams to promote natural stream functions,

(d) Developing or sustaining healthy watersheds including riparian corridors, wet meadow complexes and forested uplands thereby reducing burn intensity during fires and protecting streams from excess sediment discharge after a wildfire,

(e) Applying restoration treatments to stands of trees to enhance or restore historic species diversity that benefits riparian function,

(f) Supporting establishment of conservation easements on land other than forestland to protect riparian areas.

(g) Supporting acquisition of an existing water right for conversion to an in-stream water right, as described in ORS 537.348, to improve in-stream flow conditions.

(h) Installing fencing or otherwise excluding grazing in riparian areas or around seeps or springs for covered species,

(i) Installing off-stream stockwater systems or hardened watering gaps to reduce the effects of grazing on aquatic organisms,

(j) Undertaking other measures that effectively conserve or restore habitat for covered species.

(k) Projects may include funding requests for monitoring, maintenance, and permit administrative costs. Applicants may request reimbursement of pre-project costs if directly associated with the proposed activities in the grant.

(l) Supporting the restoration of instream flows to improve conditions for covered species through a variety of methods including those described in ORS 537.348 and other transaction-based and infrastructure upgrade-based approaches to restoring streamflow.

(6) Funds from the PFA Grant Program may be allocated to projects outside the standard grant solicitation process, based on criteria established by OAR 635-097-0070, 635-097-0080, 635-097-0090 and 635-097-0110.

(7) When development or implementation of community engagement plans are funded as part of a project, a recipient of water project support that is a local organization or local government must use the 10 Best Practices for Community Engagement around Water Projects (found on Oregon.gov) to invite and support meaningful involvement by representatives of disproportionately impacted communities in water projects funded through the PFA.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & Oregon Laws 2022, Chapter 33, Sections 30-32
Statutes/Other Implemented: ORS 496.012 & Oregon Laws 2022, Chapter 33, Sections 30-32
DFW 74-2025, amend filed 08/20/2025, effective 08/20/2025
DFW 80-2023, adopt filed 08/10/2023, effective 08/10/2023

Or. Admin. R. 635-097-0080 Private Forest Accord Grant Program Application

Project applications for Regular Grants must be submitted on the most current form prescribed by the PFA Advisory Committee. In addition, applicants must provide a written explanation if they cannot provide any of the information required in the application.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & Oregon Laws 2022, Chapter 33, Sections 30-32
Statutes/Other Implemented: ORS 496.012 & Oregon Laws 2022, Chapter 33, Sections 30-32
DFW 74-2025, amend filed 08/20/2025, effective 08/20/2025
DFW 80-2023, adopt filed 08/10/2023, effective 08/10/2023

Or. Admin. R. 635-097-0090 Evaluation Criteria for Proposed Private Forest Accord Grant Program Projects

All project requests shall be reviewed by the PFA Advisory Commitee, the Department, and additional review team(s) as deemed appropriate by the Department and PFA Advisory Committee. Any project recommended for funding to the Commission shall, at the minimum, meet the following conditions:

(1) All project applications will be evaluated based on the following evaluation criteria: Clarity, technical soundness, cost-effectiveness, addressing the biological needs of covered species, addressing conservation strategies in a watershed context, readiness, measurability, available funding, capacity of the applicant, and any other metric deemed appropriate by the PFA Advisory Committee or the Department.

(2) Project applications shall provide, at a minimum, the following:

(a) Well-defined and measurable goals,

(b) Measures to achieve project goals,

(d) The location and duration of the project, including the beginning and the ending date,

(e) Estimated project costs, including the amount to be funded by the PFA Grant Program and sources of other funding,

(f) A description of other conservation or natural resource benefits, if any, that may be supported by the proposed project,

(g) A monitoring plan to measure performance of the implemented project, and

(h) A list of necessary project permits and copies of collected permits, or the anticipated actions to collect the required permits. All Grantees bear sole responsibility to seek and obtain all necessary permits or authorizations that may be required to carry out such projects.

(3) The Department, at direction of the PFA Advisory Committee, shall not recommend a project for funding to the Commission if the Department determines the project to be:

(a) Inconsistent with the intent of Oregon Laws 2022, Chapter 33, Section 11, and the Private Forest Accord Report dated February 2, 2022, and published by the State of Oregon Forestry Department on February 7, 2022,

(b) Contrary to sound biological, scientific, and engineering principles,

(d) Inconsistent with local, regional, and statewide laws, including land use planning goals, and governments’ acknowledged land use plans, or

(e) Violating Department or State of Oregon goals, policies, administrative rules, or management plans approved or adopted by the Commission.

(4) Projects recommended for funding shall use the best available science and management practices, as determined by the Department, including but not limited to the following:

(a) Demonstrating sound principles of watershed and/or species management,

(b) Using methods adapted to the project locale,

(c) Complying with state land use planning goals and is compatible with acknowledged comprehensive plans as required under ORS 197.180, and

(d) Following professionally accepted practices resulting in ecological or watershed benefits.

(5) The Department may reject incomplete project applications.

(6) All projects must provide a benefit to one or more covered species.

(7) The Department, the PFA Advisory Committee, or the Commission may require additional information to evaluate the project.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & Oregon Laws 2022, Chapter 33, Sections 30-32
Statutes/Other Implemented: ORS 496.012 & Oregon Laws 2022, Chapter 33, Sections 30-32
DFW 74-2025, amend filed 08/20/2025, effective 08/20/2025
DFW 80-2023, adopt filed 08/10/2023, effective 08/10/2023

Or. Admin. R. 635-097-0100 Revocation of Private Forest Accord Grant Program Application Project Approvals

The Department may revoke an approved project if it determines that:

(1) Implementation of the project is inconsistent with the approved project scope of work,

(2) The Department does not receive funding at the levels necessary to completely fund the Project,

(3) Any of the design, permitting, or construction of the Project is not pursued with due diligence as determined by the Department,

(4) The construction of the Project is not permissible under state, federal, or local law, or the Project is inconsistent with current State of Oregon and Department goals, policies, management plans, laws, guidelines, and regulations, as determined by the Department,

(5) The Grantee does not abide by the nondiscrimination and affirmative action provisions of this agreement,

(6) The Grantee otherwise commits any material breach or default of any covenant, warranty, obligation, certification or agreement under the project agreement,

(7) The Grantee has violated any term or condition imposed on the project agreement,

(8) The project does not meet its proposed objectives, or

(9) The project is inconsistent with current State of Oregon and Department goals, policies, management plans, laws, guidelines, and regulations.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & Oregon Laws 2022, Chapter 33, Sections 30-32
Statutes/Other Implemented: ORS 496.012 & Oregon Laws 2022, Chapter 33, Sections 30-32
DFW 74-2025, amend filed 08/20/2025, effective 08/20/2025
DFW 80-2023, adopt filed 08/10/2023, effective 08/10/2023

Or. Admin. R. 635-097-0110 Agreements

(1) Upon Commission approval, the Department may issue a work authorization letter to a Grantee authorizing the Grantee to commence project work and begin incurring expenses on a specified date that is before a fully executed agreement with the Department. To be eligible for reimbursement of expenses incurred before entering into an agreement with the Department, a Grantee shall meet the following conditions:

(a) Enter into an agreement with the Department for a project funded by the PFA Fund;

(b) Complete any reporting requirements outlined in these rules,

(c) Acknowledge and agree that any expenses incurred, or actions taken, prior to the execution of an agreement between the Department and the Grantee, are at the Grantee’s own risk and expense.

(2) The Department may award advanced payments at its discretion as specified in a fully executed agreement. The Department shall not make advanced payments unless the agreement explicitly provides for it.

(3) The Department may retain a minimum of 10 percent of project funds until it receives the required close of project report and evaluates the project for completion and compliance with the agreement.

(4) If all the parties has not fully executed the agreement according to the timeline in an approved proposal, the Department may terminate funding, unless the applicant requests, and the Department approves, an extension.

(5) Following project completion, equipment purchased with project funds with a value above five-thousand dollars shall adhere to any additional post-project requirements stipulated by the Department, and equipment with a value of five-thousand or less shall remain with the Grantee or another approved entity.

(6) The Commission may award Grantee post-project monitoring and maintenance funding.

(7) All agreements between the Grantee and the Department shall have a project expiration date.

(8) The Department shall have the authority to distribute to Grantee additional funds not to exceed 10 percent of the approved budget to provide for administrative corrections that the Department determines necessary.

(9) The Department may consider approval of project modifications or amendments, including expansion of funded projects, with moneys remaining from the original project allocation if the purpose and intent of the amendment remains the same as the original project and the proposed activity is within the same watershed.

(10) The Grantee must complete all required report elements described in the grant agreement.

(11) The Grantee will allow the PFA Advisory Committee, Department members, or designated representatives access to the project area at a mutually agreeable time to monitor and evaluate the project.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & Oregon Laws 2022, Chapter 33, Sections 30-32
Statutes/Other Implemented: ORS 496.012 & Oregon Laws 2022, Chapter 33, Sections 30-32
DFW 74-2025, amend filed 08/20/2025, effective 08/20/2025
DFW 80-2023, adopt filed 08/10/2023, effective 08/10/2023

Division 98 OREGON CONSERVATION AND RECREATION FUND

Or. Admin. R. 635-098-0000 Purpose of the Fund

The purpose of the Conservation and Recreation Fund appropriated to the State Department of Fish and Wildlife is to carry out activities that serve to protect, maintain, or enhance fish and wildlife resources in Oregon and to support nature-based recreation consistent with the Oregon Conservation Strategy.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 122-2023, amend filed 12/28/2023, effective 12/28/2023
DFW 162-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 635-098-0005 Definitions

(1) "Advisory Committee" is the Oregon Conservation and Recreation Advisory Committee as created under ORS 496.254.

(2) “The Department” is the State Department of Fish and Wildlife.

(3) “The Fund” means the Oregon Conservation and Recreation Fund established under ORS 496.252.

(4) "Agreement" is the legally binding document between the Department and the funding recipient. It consists of the conditions specified in these rules, special conditions to the agreement, the project description and budget, and the approved application for funding the project.

(5) “Commission” is the Oregon Fish and Wildlife Commission.

(6)"Partners" are entities that have committed funding, expertise, materials, labor, or other assistance to a proposed project. Partners do not need to be eligible applicants as defined in 635-098-0070.

(7) "Technical experts" is a team of designated persons with interdisciplinary expertise to evaluate applications based on evaluation criteria.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 122-2023, adopt filed 12/28/2023, effective 12/28/2023

Or. Admin. R. 635-098-0010 Contributions to the Fund

The Oregon Conservation and Recreation Fund shall consist of:

(1) Moneys appropriated to the Department for deposit in the Fund or otherwise transferred to the Fund; and

(2) Gifts, grants, contributions or other donations for use as described in 635-098-0020 (Expenditures from the Fund) that are received by the Department from any public or private source and caused to be deposited and credited to the Fund.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 122-2023, amend filed 12/28/2023, effective 12/28/2023
DFW 162-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 635-098-0020 Expenditures from the Fund

The activities as defined in ORS 496.252(2) (a)-(e) for which the Department, as approved by the Commission, may expend moneys from the Fund include, but are not limited to:

(1) Promoting the health of Oregon’s ecosystems and fish and wildlife species by implementing conservation programs and strategies identified in the Oregon Conservation Strategy, as defined in ORS 541.890, including conservation programs and strategies for the nearshore identified in the marine component of the Oregon Conservation Strategy;

(2) Improving engagement of the public in wildlife watching, hunting and fishing opportunities and in other outdoor recreation opportunities related to and in support of healthy fish, wildlife and habitats;

(3) Improving educational outreach and engagement of the public, including diverse and underserved communities, related to and in support of healthy fish, wildlife and habitats;

(4) Engaging in, and providing funding for, joint projects of the department and the State Parks and Recreation Department or other state agencies as recommended by the Advisory Committee;

(5) Other conservation, management, research, habitat improvement, enforcement, outdoor recreation or education activities; and

(6) Costs incurred by the Department in administering the Fund's purpose.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 122-2023, amend filed 12/28/2023, effective 12/28/2023
DFW 162-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 635-098-0030 Duties of the Oregon Conservation and Recreation Fund Advisory Committee

The duties of the Advisory Committee, in accordance with ORS 496.252 and ORS 496.254, are to:

(1) Review Department policies regarding the use of the Fund moneys;

(2) Make recommendations to the Commission and the Department on how to expend and obligate funding from the Fund to carry out activities that serve to protect, maintain, or enhance native fish and wildlife and their habitats in Oregon;

(3) Work jointly with the Department to submit a biennial report to the Legislative Assembly as provided in ORS 293.640 regarding the expenditure of moneys deposited in the Fund and on the status of various activities funded by the moneys.

(4) Perform such other duties as may be requested by the Department and Commission.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 122-2023, amend filed 12/28/2023, effective 12/28/2023
DFW 162-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 635-098-0040 Membership of Conservation and Recreation Fund Advisory Committee

(1) Advisory Committee Composition, as established in ORS 496.254:

(a) The advisory committee shall consist of nine members appointed by the Governor.

(b) Six members of the advisory committee shall be appointed to represent one of each of the ecoregions described below, which are documented and described in the Oregon Conservation Strategy. To represent an ecoregion, the member shall live in and possess demonstrable scientific expertise related to the ecoregion. If a regional seat is vacant for greater than one year, a member outside of the region with a strong knowledge of and connection to the region may be appointed.

(A) Nearshore Marine or Coast Range

(B) Willamette Valley

(D) West Cascades or East Cascades

(E) Columbia Plateau or Blue Mountains

(F) Northern Basin and Range

(c) Three members of the advisory committee shall be appointed from Oregon-at-large. These three members shall have an interest in fish and wildlife conservation or outdoor recreation, especially wildlife-associated recreation such as wildlife viewing, nature photography, nature tourism, outdoor education, or community science.

(d) In making appointments of all nine advisory committee members, consideration should be given to appointing members who possess experience engaging youth, underserved communities and diverse audiences, such as communities of color, tribes, and low income communities,in conservation and recreation activities. Consideration should also be given to members with interests in the economic, social, and educational benefits of healthy ecosystems.

(e) Consideration should be given to ensuring that the advisory committee membership reflects the demographic and geographic diversity of Oregon.

(f) The Associate Director of Outdoor Recreation, or the Associate Director’s designee, shall serve as a non-voting, ex-officio member on the advisory committee.

(g) One member of the Oregon Fish and Wildlife Commission may be designated by the Commission to serve as a non-voting ex-officio member on the advisory committee.

(2) Officers:

(a) The officers of the advisory committee shall be a Chair and a Vice Chair.

(b) Officers shall be elected by the advisory committee from the nine voting members.

(3) Advisory Committee Term Limits: Each of the nine, voting members of the advisory committee shall serve for a term of four years. A member shall be eligible for reappointment, but no member shall serve more than two consecutive terms.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 122-2023, amend filed 12/28/2023, effective 12/28/2023
DFW 169-2021, amend filed 10/20/2021, effective 10/20/2021
DFW 168-2021, amend filed 10/20/2021, effective 10/20/2021
DFW 162-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 635-098-0050 Meetings of Oregon Conservation and Recreation Fund Advisory Committee

(1) Time, Location, and Frequency: At times and places fixed by the Chair of the advisory committee, the committee shall meet at a minimum three times per year.

(2) Voting:

(a) Each of the nine voting members of the advisory committee shall be entitled to one vote on all issues presented at meetings at which the member is present.

(b) Five members of the advisory committee constitute a quorum.

(d) A recommendation to the department and commission requires an affirmative vote of at least five committee members. Vote will be by roll call.

(e) In the absence of the chair and vice chair, the members may choose a temporary chair.

(f) Members of the advisory committeeshould not abstain from voting except on a matter involving potential conflict of interest, in which case the reason for abstention will have been disclosed.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 122-2023, amend filed 12/28/2023, effective 12/28/2023
DFW 162-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 635-098-0060 Advisory Committee Duties and Recommendation Procedures

(1) In accordance with HB 2829 (2019), the Oregon Conservation and Recreation Advisory Committee:

(a) Shall review department policies regarding the use of Oregon Conservation and Recreation Fund moneys.

(b) Shall make recommendations to the commission and the department regarding the use of fund moneys. Pursuant to HB 2829 (2019), the advisory committee shall identify uses for which the department may expend fund moneys.

(c) Shall work jointly with the department to submit a biennial report to the Legislative Assembly as provided in ORS 293.640 regarding the expenditure of moneys deposited in the Oregon Conservation and Recreation Fund and on the status of various activities funded by the moneys.

(d) May perform such other duties as may be requested by the department and commission.

(2) The advisory committee shall establish a process for requesting proposals for Conservation and Recreation Fund projects from the department and other interested parties.

(3) The department and any other interested parties may recommend projects to the advisory committee that follow permissible purposes outlined in [HB 2829 Section 1(2)(a-e)].

(4) The advisory committee shall review all submitted projects and shall recommend expenditures to the commission. The advisory committee will be responsible for determining whether the projects propose activities that serve to protect, maintain, or enhance fish and wildlife resources in Oregon.

(5) All proposed funding projects that are or are not recommended by the advisory committee shall be presented in summary to the commission.

(6) A project for which recommendation for funding is not supported by the advisory committee may be reconsidered by the committee at a later meeting if the proponent has resolved the objections or deficiencies with a revised proposal. The reason(s) for the advisory committee's vote to not recommend a project shall be explained or reviewed for the proponent at the meeting, or relayed to the proponent in writing after the meeting and be conveyed to the commission upon making recommendations.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & HB 2829 (2019)
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & HB 2829 (2019)
DFW 133-2022, amend filed 09/26/2022, effective 09/26/2022
DFW 97-2020, temporary amend filed 07/29/2020, effective 07/29/2020 through 01/24/2021
DFW 162-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 635-098-0070 Eligibility for Funding

(1) Eligible entities include any tribe, watershed council, soil and water conservation district, not-for-profit corporation, school, institution of higher education, state agency, federal agency, local government, or private not-for-profit institution of higher education. Private not-for-profit organizations must have tax-exempt status under the IRS Code Section 501(c)(3).

(2) Individuals and for-profit organizations may use an eligible entity as a fiscal sponsor.

(3) The Department may define additional eligibility guidelines, in consultation with the Advisory Committee.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 122-2023, adopt filed 12/28/2023, effective 12/28/2023

Or. Admin. R. 635-098-0080 Conservation and Recreation Fund Regular Grants

The Department shall offer Regular Grant funding solicitations for proposals pursuant to the following:

(1) Regular Grant funding proposals may be solicited at least once per year through a request for proposals, if budget allows.

(2) Interested applicants shall submit a project application to the Department by the deadline described in the solicitation.

(3) The Department, in consultation with the Advisory Committee and technical experts, shall review all Regular Grant funding applications against the evaluation criteria, representation of program priorities as outlined in 635-098-0030 and any other requirements deemed appropriate by the Department which will be made available in the current solicitation.

(4) Project match is not required for Regular Grants but may be considered during the review process.

(5) The Advisory Committee may request that an applicant amend a project application's scope of work and budget to meet program priorities, and Department staff may assist with such amendments.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 122-2023, adopt filed 12/28/2023, effective 12/28/2023

Or. Admin. R. 635-098-0090 Conservation and Recreation Fund Urgent Grants

The Department may offer an Urgent Grant funding opportunity for critical need projects that are time-sensitive and high-priority projects that need funding outside of the Regular Grant funding opportunity. All Urgent Grant funding project requests shall submit applications pursuant to the criteria below:

(1) All proposed projects for Urgent Grant funding may be required to:

(a) Provide a one-page pre-application to ODFW staff and a full application upon request,

(b) Attend a pre-application conference with ODFW staff,

(d) Perform project monitoring,

(e) Have secured all project permitting or provide proof of submission, and

(f) Be ready to implement upon award.

(2) Urgent Grants may be required to provide project match.

(3) Urgent Grants may be considered on a rolling basis, year-round, to eligible applicants.

(4) The timing of consideration of Urgent Grant funding requests shall be at the discretion of the Advisory Committee, considering available funds and other business.

(5) The Advisory Committee shall review all Urgent Grant funding applications against the eligibility requirements, application requirements, and any other requirements deemed appropriate by the Department in collaboration with the Advisory Committee.

(6) The Advisory Committee may request that an applicant amend a project application's scope of work and budget to meet program priorities, and Department staff may assist with such amendments.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 122-2023, adopt filed 12/28/2023, effective 12/28/2023

Or. Admin. R. 635-098-0100 Applications to the Fund

(1) Applications must be submitted on the most current format prescribed by the Department.

(2) A separate application is required for each submitted project.

(3) Applications will be considered final as submitted. The Department, Advisory Committee or technical experts may request clarification of information from the applicant during the evaluation process, but additional, new information not requested will not be accepted after the application deadline.

(4) Each project application at a minimum must provide:

(a) Well-defined and measurable goals;

(b) Measures to achieve project goals;

(d) Estimated project costs that consider cost effectiveness of the project;

(e) Consideration of outdoor equity, as it pertains to how well the project engages Oregonians who have not participated in the past because of language barriers, financial barriers, or other access barriers;

(f) A monitoring plan to measure performance of the implemented project; and

(g) Description of stakeholders and community partnerships involved in the project.

(e) The Department may reject incomplete project applications.

(6) The Advisory Committee, the Department, and technical experts shall review all submitted projects and the Department shall recommend expenditures to the Commission.

(a) The Advisory Committee, the Department, and technical experts will be responsible for determining whether the projects propose activities that serve to protect, maintain, or enhance fish and wildlife resources in Oregon.

(b) The Advisory Committee shall make recommendations to the Department and Commission to make diverse expenditures from the Fund. In evaluation of submitted projects the Advisory Committee, the Department, and the technical experts may consider diversity of:

(A) Projects geographically;

(B) Projects taxonomically;

(D) Partners participating in and impacted by projects; and

(E) Engagement of Oregonians in recreational opportunities or in the solution to a key conservation issue as identified in the Oregon Conservation Strategy.

(7) All proposed funding projects that are or are not recommended by the Advisory Committee shall be presented in summary to the Commission. The Advisory Committee shall not recommend a project for funding if it determines the project:

(a) Is inconsistent with the intent of ORS 496.252;

(b) Is contrary to sound biological principles;

(d) Violates Department goals, policies, administrative rules, or species or other management plans approved or adopted by the Commission.

(8) The applicant of a project not recommended for funding by the Advisory Committee may resubmit at a subsequent Regular Grant solicitation and be reconsidered by the committee.

(9) The Department shall fund projects approved by the Commission with funds from the Conservation and Recreation Fund.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254
Statutes/Other Implemented: ORS 496.012 & 496.146
DFW 122-2023, adopt filed 12/28/2023, effective 12/28/2023

Or. Admin. R. 635-098-0110 Award Agreements

(1) The project applicant shall enter into an agreement with the Department before initiating the project.

(2) The Department shall distribute no funds under an agreement until an agreement is fully executed.

(3) The Department may award advanced payments at its discretion as specified in a fully executed agreement. The Department shall not make advanced payments unless the agreement explicitly provides for it.

(4) The Department may release advance funds on presentation of a detailed estimate of expenses for a time period specified in the agreement. The Department may release no additional funds until the applicant submits all receipts for expenditures of the advance fund release.

(5) The Department may release funds as reimbursements on presentation of a completed Fund Release Request form accompanied by proof of the completion of specific work elements of the project as identified in the agreement. Proof of completion may include paid receipts of invoices for materials or contracted labor, or inspection reports.

(6) The Department may retain a minimum of 10 percent of project funds until it receives the required close of project report and evaluates the project for completion and compliance with the agreement.

(7) Following project completion, equipment purchased with project funds shall reside with the project grantee or another approved entity. These entities will make the equipment available to others at no cost other than nominal operation and maintenance costs. Equipment with a value above five-thousand dollars shall adhere to any additional post-project requirements stipulated by the Department.

(8) After providing notice to the project grantee in writing, the Department may terminate funding for projects not completed in the prescribed time and manner. The money allocated to the project but not used will be available for reallocation by the Advisory Committee.

(9) All agreements between the project grantee and the Department shall have a project expiration date.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254
Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146
DFW 122-2023, adopt filed 12/28/2023, effective 12/28/2023

Division 100 WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN

Or. Admin. R. 635-100-0001 Wildlife Diversity Plan Definition of Terms

As used in the Wildlife Diversity Plan:1

(1) "Self-sustaining" means wildlife species that are naturally reproducing throughout their ranges with no dependency on artificial propagation to sustain natural production over time.

(2) "Endangered" means an animal threatened with extinction within all or a significant portion of its range.

(3) "Threatened" means an animal that could become endangered within the foreseeable future within all or a portion of its range.

(4) "Sensitive" refers to wildlife species, subspecies, or populations that are facing one or more threats to their populations, habitat quantity or habitat quality or that are subject to a decline in number of sufficient magnitude such that they may become eligible for listing on the state Threatened and Endangered Species List

(5) "Wildlife" means fish, shellfish, amphibians, reptiles, feral swine, wild mammals, wild birds, and animals living intertidally on the bottom as defined by ORS 506.011.

1The Nongame Wildlife Management Plan was reviewed and updated as the Wildlife Diversity Plan and adopted by the commission on November 17, 1993. The Wildlife Diversity Plan was reviewed, updated, and adopted by the commission on January 22, 1999. As noted below in OAR 635-100-0005, only the policy portions of the Wildlife Diversity Plan are incorporated here as an administrative rule. Copies of the Wildlife Diversity Plan are available through the agency.

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

History

Statutory/Other Authority: ORS 496.004, 496.012, 496.171, 496.172, 496.182, 496.192, 496.380, 496.385, 497.298, 497.308, 497.318 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.012, 496.171, 496.172, 496.182, 496.192, 496.380, 496.385, 497.298, 497.308, 497.318 & 498.026
DFW 108-2009, f. & cert. ef. 9-8-09
DFW 4-1999, f. & cert. ef. 2-8-99
DFW 22-1998, f. & cert. ef. 3-13-98
FWC 75-1993, f. & cert. ef. 11-24-93
FWC 11-1986, f. & ef. 4-4-86

Or. Admin. R. 635-100-0005 Wildlife Diversity Plan Content and Purpose

(1) The Wildlife Diversity Plan provides the program goal, objectives and strategies to identify and coordinate nongame wildlife management, research and status survey needs, and education and recreation needs related to Oregon’s wildlife. The document provides direction to the Oregon Department of Fish and Wildlife in carrying out its mandated responsibilities. The plan is also intended as an informational document to be used in wildlife programs by public agencies and others concerned with the conservation of nongame and other fish and wildlife species. Only the policy portions of the Wildlife Diversity Plan are incorporated here by administrative rule, namely the Goal and Objectives.

(2) The remaining portions of the Plan — (Introduction, Strategies, Sub-strategies, Technical Information, Operational Schedule, and Priorities) are technical or related to agency management decisions. Accordingly, those parts may be updated by the commission outside the administrative rule process as new information is developed.

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

History

Statutory/Other Authority: ORS 496.004, 496.012, 496.171, 496.172, 496.182, 496.192, 496.380, 496.385, 497.298, 497.308, 497.318 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.012, 496.171, 496.172, 496.182, 496.192, 496.380, 496.385, 497.298, 497.308, 497.318 & 498.026
DFW 4-1999, f. & cert. ef. 2-8-99
FWC 75-1993, f. & cert. ef. 11-24-93
FWC 11-1986, f. & ef. 4-4-86

Or. Admin. R. 635-100-0010 Wildlife Diversity Program Goal

It is the goal of the Wildlife Diversity Program to maintain Oregon’s wildlife diversity by protecting and enhancing populations and habitats of native wildlife at self-sustaining levels throughout natural geographic ranges.

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

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 496.375
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 496.375
FWC 75-1993, f. & cert. ef. 11-24-93
FWC 11-1986, f. & ef. 4-4-86

Or. Admin. R. 635-100-0015 Wildlife Diversity Program Objectives

The objectives of the Wildlife Diversity Program are to:

(1) Assess, conserve, and enhance wildlife habitats.

(2) Assess, conserve, and enhance populations of native species at self-sustaining levels throughout their natural geographic ranges.

(3) Provide recreational, educational, aesthetic, scientific, economic and cultural benefits derived from Oregon’s diversity of wildlife.

(4) Minimize adverse biological, social and economic impacts resulting from interactions between people and wildlife.

(5) Provide financial and human resources for program planning, administration, implementation, and evaluation.

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

History

Statutory/Other Authority: ORS 496.004, 496.012, 496.171, 496.172, 496.182, 496.192, 496.380, 496.385, 497.298, 497.308, 497.318 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.012, 496.171, 496.172, 496.182, 496.192, 496.380, 496.385, 497.298, 497.308, 497.318 & 498.026
DFW 4-1999, f. & cert. ef. 2-8-99
FWC 75-1993, f. & cert. ef. 11-24-93
FWC 11-1986, f. & ef. 4-4-86

Or. Admin. R. 635-100-0030 Wildlife Diversity Plan Five-Year Review

The policy portions of the Wildlife Diversity Plan, namely the Goal and Objectives, will be updated and reviewed by the Oregon Fish and Wildlife Commission every five years beginning in 1993.

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

History

Statutory/Other Authority: ORS 496.004, 496.012, 496.171, 496.172, 496.182, 496.192, 496.380, 496.385, 497.298, 497.308, 497.318 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.012, 496.171, 496.172, 496.182, 496.192, 496.380, 496.385, 497.298, 497.308, 497.318 & 498.026
DFW 4-1999, f. & cert. ef. 2-8-99
FWC 75-1993, f. & cert. ef. 11-24-93
FWC 11-1986, f. & ef. 4-4-86

Or. Admin. R. 635-100-0040 Sensitive Species List

(1) For the purpose of prioritizing conservation actions to prevent species from becoming eligible for listing as threatened or endangered species, the category of sensitive species is established. "Sensitive" refers to wildlife species, subspecies, or populations that are facing one or more threats to their populations, habitat quantity or habitat quality or that are subject to a decline in number of sufficient magnitude such that they may become eligible for listing on the state Threatened and Endangered Species List. The sensitive species list shall be updated by the department every 5 years, distributed to state and federal resource agencies, and made available to any member of the public upon request.

(2) A wildlife species shall qualify for inclusion on the sensitive species list if:

(a) Its numbers are declining at a rate such that it may become eligible for listing as a threatened species; or

(b) Its habitat is threatened or declining in quantity or quality such that it may become eligible for listing as a threatened species.

(3) A wildlife species shall qualify for removal from the sensitive species list if:

(a) Its numbers are not or are no longer declining at a rate such that it may become eligible for listing as a threatened species; and

(b) Its habitat is not or is no longer threatened or declining in quantity or quality such that it may become eligible for listing as a threatened species.

(4) In making a determination under subsections (2) and (3) of this rule, the Department will consider the factors described in 635-100-0105 subsections (5) and (6).

(5) In addition to the 5-year review, the Department may add a species to or remove a species from the sensitive species list at any time based on new or additional information on species population status, habitat or threats.

(6) Any person may request that a species be included on or removed from the sensitive species list. Any request must be in writing, stating the reasons for the requested action and briefly outlining the status of the species and how its condition meets the criteria enumerated in this rule for inclusion or removal. The department shall review any such request, determine if the species qualifies for the requested action, and shall notify the person making the request of its decision within 90 days of receipt of the request.

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 108-2009, f. & cert. ef. 9-8-09
DFW 22-1998, f. & cert. ef. 3-13-98
FWC 96-1988, f. & cert. ef. 9-30-88

Or. Admin. R. 635-100-0080 Threatened and Endangered Species List Policy Statement

The commission’s long-term goal for species listed as threatened or endangered under the state Endangered Species Act is to manage the species and their habitats so that the status of the species improves to a point where listing is no longer necessary. The commission intends to accomplish this goal through voluntary incentives, encouraging appropriate species management, coordinated planning, habitat protection and restoration, and other means as appropriate, in a manner consistent with the provisions of ORS 496.182(1).

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 22-1998, f. & cert. ef. 3-13-98

Or. Admin. R. 635-100-0100 Threatened and Endangered Species Definition of Terms

As used in Division 100 rules:

(1) “Commission” means the State Fish and Wildlife Commission.

(2) “Conservation means the use of methods and procedures necessary to bring a species to the point at which the measures provided under ORS 496.171 to 496.182 are no longer necessary. Such methods and procedures include, but are not limited to, activities associated with scientific resource management such as research, census taking, law enforcement, habitat acquisition and maintenance, habitat protection and restoration, propagation and transplantation.

(3) “Department” means the Oregon Department of Fish and Wildlife.

(4) “Director” means the Director of the Oregon Department of Fish and Wildlife.

(5) “Endangered Species” means:

(a) Any native wildlife species determined by the commission to be in danger of extinction throughout any significant portion of its range within the state; or

(b) Any native wildlife species listed as an endangered species pursuant to the federal ESA.

(6) “Federal ESA” means the federal Endangered Species Act of 1973 (Public Law 93-205, 16 USC § 1531), as amended.

(7) “Federal list” means the list of native wildlife species that have been designated as endangered or threatened under the federal ESA.

(8) “Native” means a species indigenous to Oregon, not introduced. Indigenous species include species that occur naturally or were extirpated from the state.

(9) “Person” means natural person, individual, corporation, company, society, association, firm, partnership, cooperative, governmental or political subdivision or agency thereof.

(10) “Species” means any group or population of wildlife that interbreeds and is substantially reproductively isolated.

(11) “State List” means the official state list of wildlife species that have been designated as endangered or threatened under the procedures set forth in ORS 496.172 to 496.192 and OAR 635, division 100.

(12) “Substantial scientific evidence” means that quantum of the best available documented information or evidence that a reasonable person would accept as adequate to support a conclusion. This includes information or evidence that may not have been reviewed by a scientific review panel, but that the department considers scientifically reliable.

(13) “Survival guidelines” means the quantifiable and measurable guidelines that the commission considers necessary to ensure the survival of individual members of the species.

(14) “Take” means to kill or obtain possession or control of any species on the state list.

(15) “Threatened species” means:

(a) Any native wildlife species the commission determines is likely to become an endangered species within the foreseeable future throughout any significant portion of its range within this state; or

(b) Any native wildlife species listed as a threatened species pursuant to the federal ESA.

(16) “Verifiable” means scientific information reviewed by a scientific peer review panel of outside experts who do not otherwise have a vested interest in the process. For purposes of this definition, “vested interest in the process” means that the person reviewing the scientific information does not have a personal economic interest in the commission’s decision to list a species. Information that would be considered “verifiable” includes, but is not limited to:

(a) Articles and information published in peer-reviewed scientific journals, such as the Journal of Wildlife Management and Transactions of the American Fisheries Society;

(b) Information developed by the department, which has been peer reviewed by outside experts (e.g., agency management plans, Nongame Wildlife Program Technical Reports);

(c) Information developed by federal agencies, which has been peer reviewed (e.g., peer-reviewed agency management plans, final environmental impact statements, adopted recovery plans, interagency technical reports);

(d) Peer-reviewed data gathered by the department or others using standard methodologies or protocols.

(e) Information developed by the Pacific Northwest Electric Power and Conservation Planning Council or other organizations, which has been peer reviewed.

(17) “Wildlife” means fish, wild birds, amphibians, reptiles and wild mammals.

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

History

Statutory/Other Authority: ORS 496.172 & ORS 496.182
Statutes/Other Implemented: ORS 496.004, ORS 496.171, ORS 496.172, ORS 496.182, ORS 496.192 & ORS 498.026
DFW 13-2024, amend filed 02/21/2024, effective 02/21/2024
DFW 22-1998, f. & cert. ef. 3-13-98
FWC 50-1988, f. & cert. ef. 6-24-88

Or. Admin. R. 635-100-0105 Criteria for Listing Threatened and Endangered Species

(1) The Commission by rule shall list a wildlife species as endangered or threatened on the state list upon a review of documented and verifiable scientific information, if the species meets the criteria in sections (3), (4) and (6) of this rule. The documented and verifiable scientific information shall be related to the species’ biological status.

(2) The state list shall include:

(a) All native wildlife species listed as of May 15, 1987, on the federal list of endangered or threatened species. Any native wildlife species appearing on the federal list as a threatened species may be considered for inclusion on the state list as an endangered species or as a threatened species; and

(b) Any native species determined by the commission to be threatened or endangered, in accordance with these rules.

(3) To list a species as endangered, the commission shall determine that:

(a) The species is native; and

(b) Is in danger of extinction throughout any significant portion of its range within this state.

(4) To list a species as a threatened species, the commission shall determine that:

(a) The species is native; and

(b) Is likely to become an endangered species within the foreseeable future throughout any significant portion of its range within this state.

(5) In making a determination under subsection (3)(b) or (4)(b) of this rule, and OAR 635-100-0111 (Reclassifying Species) and 635-100-0112 (Removing Species from the State List), regarding the range of the species, the commission shall consider:

(a) The total geographic area in this state used by the species for breeding, resting or foraging and the portion thereof in which the species is or is likely within the foreseeable future to become in danger of extinction;

(b) The nature of the species’ habitat, including any unique or distinctive characteristics of the habitat the species uses for breeding, resting or foraging; and

(6) In addition to the criteria set forth in sections (3) and (4) of this rule, in listing a wildlife species as endangered or threatened, the commission shall determine that the natural reproductive potential of the species is in danger of failure due to limited population numbers, disease, predation or other natural or human actions affecting its continued existence and, to the extent possible, assess the relative impact of human actions. In addition, the commission shall determine that one or more of the following factors exist:

(a) That most populations of the species are undergoing imminent or active deterioration of their range or primary habitat;

(b) That overutilization of the species or its habitat for commercial, recreational, scientific or educational purposes is occurring or is likely to occur; or

(7) Notwithstanding any other provision of OAR 635-100-0100 to 635-100-0130, the commission may decide not to list a wildlife species as threatened or endangered that would otherwise qualify for listing if the commission determines that:

(a) The future of the species is secure outside this state;

(b) The wildlife species is not of cultural, scientific or commercial significance to the people of this state;

(d) The species is a candidate species under the federal ESA;

(e) The species has been petitioned for listing under the federal ESA;

(f) The responsible federal agency has determined that the species does not warrant listing as a threatened or endangered species under the federal ESA; or

(g) The species is currently on the department’s sensitive species list.

(8) Before making a determination not to list a species pursuant to section (7) of this rule, the commission shall analyze the status of the species under the criteria set forth in sections (3), (4) and (6) of this rule. In addition, before making a determination not to list pursuant to subsections (7)(c) through (7)(f), the commission shall evaluate whether the federal listing, categorization or other action regarding the species adequately protects that species in Oregon. Before making a determination not to list pursuant to subsection (7)(g), the commission shall evaluate whether classification on the state sensitive list adequately protects that species in Oregon.

(9) If the commission determines that a species should be listed as threatened or endangered, the commission shall establish by rule survival guidelines at the time of listing. In establishing the guidelines, the commission shall consider its determinations made pursuant to OAR 635-100-0105, the species’ life history requirements (e.g., food, shelter, water, breeding, movement and dispersal), and, to the extent possible, the necessary location, quality and quantity of each of those life history requirements.

(10) In making the determinations required under subsections (3), (4), (6), (7) and OAR 635-100-0112 (Removing Species from the State List), the commission shall consult with:

(a) Affected state and federal agencies;

(b) Affected cities and counties;

(d) The Natural Heritage Advisory Council;

(e) Other states having a common interest in the species; and

(f) Interested persons who have asked to be consulted and whose names are included on the commission’s mailing list for such purposes.

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.12 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.12 & 498.026
DFW 22-1998, f. & cert. ef. 3-13-98
FWC 50-1988, f. & cert. ef. 6-24-88

Or. Admin. R. 635-100-0110 Procedure for Listing Threatened and Endangered Species

(1) Any person may petition the commission to list, reclassify or remove wildlife species on the state list. The petition shall be in writing and shall include the following information:

(a) The action sought; and

(b) Documented scientific evidence about the species’ biological status to support the requested action.

(2) The documented scientific evidence under subsection (1)(b) of this rule shall include the following:

(a) Common and scientific names of the species and any taxonomic problems or questions;

(b) A discussion of the existence, or lack thereof, of past, present or threatened destruction, modification or curtailment of the species’ habitat or geographical distribution, describing and documenting:

(A) Threats, or lack thereof, to the species’ habitat and distribution;

(B) The species’ historical and presently known distribution;

(C) Any changes in habitat and reasons for such changes, such as overutilization for commercial, recreational, scientific or educational purposes, if known;

(D) Any land use practices adversely or positively affecting the species’ habitat; and

(E) Measures that have been or could be taken to alleviate a reduction in habitat of the species.

(c) A discussion of the existence, or lack thereof, of present or threatened danger or failure of the natural reproductive potential of the species including:

(A) The species’ present population status;

(B) Any changes in population, and the reasons for such changes, such as disease, predation, or overutilization of the species or its habitat, if any, for commercial, recreational, scientific or educational purposes, if known;

(D) Measures that have been or could be taken to alleviate a reduction in population of the species;

(E) A discussion of other natural or human-related factors affecting the continued existence of the species, including:

(i) Climatic, successional, reproductive, genetic or other factors such as competition with an introduced species affecting the species existence;

(ii) The effects of environmental pollution and other human-related factors on the continued existence of the species; and

(iii) The relative impact of human actions on the continued existence of the species, as compared to nonhuman impacts.

(3) Any petition submitted under subsection (1) of this rule shall be acknowledged by the department in writing within ten (10) working days of receipt.

(4) Within 90 days of receipt of the petition, the commission shall advise the petitioner, in writing, whether the petition presents substantial scientific evidence to justify proceeding with the requested action.

(5) In determining whether the petition presents substantial scientific information to justify proceeding with the requested action, the commission may consult with the following:

(a) Affected state and federal agencies;

(b) Affected cities or counties;

(d) Other interested state agencies;

(e) The Natural Heritage Advisory Council;

(f) Other states having a common interest in the species; or

(g) Interested person with expertise on the wildlife species involved in the petition.

(6) If the petition is found to present substantial scientific information to justify proceeding with the requested action, the commission shall commence the process of rulemaking using the criteria set forth in OAR 635-100-0105 (Criteria for Listing), 635-100-0111 (Reclassifying Species), or 635-100-0112 (Removing Species from the State List), whichever is appropriate.

(7) If, during the rulemaking process, the commission subsequently determines that the proposed action does not meet the criteria set forth in the appropriate rule provision, the commission shall so advise the petitioner in writing within ten (10) working days of that denial, and shall provide the basis for the commission’s decision.

(8) Unless the commission extends the time period as provided in this section, a final determination on the action requested in the petition shall be made by the commission within a period not to exceed one (1) year from the date of receipt of the petition. The commission may extend the time period within which to make a decision on a petition for up to 12 additional months, if the commission determines that the information available to the department and the commission is limited or other appropriate circumstances require the extension of time. If it extends the time period for decision making, the commission shall notify the petitioner in writing.

(9) If the petition is found not to present substantial scientific information to justify proceeding with the requested action, or if the commission, during the rulemaking process, denies the petition, the petitioner may seek judicial review of the commission’s written decision as provided in ORS 183.484.

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 22-1998, f. & cert. ef. 3-13-98
FWC 50-1988, f. & cert. ef. 6-24-88

Or. Admin. R. 635-100-0111 Reclassifying Threatened and Endangered Species

(1) The commission shall reclassify a wildlife species from a threatened status to an endangered status if it determines that the species meets any of the factors set out in OAR 635-100-0105(6). In addition, the commission shall also determine that the likelihood of survival of the species has diminished such that the species is in danger of extinction throughout any significant portion of its range within the state.

(2) The commission shall reclassify a wildlife species from an endangered status to a threatened status if it determines that the likelihood of survival of the species has increased such that the species is not in danger of extinction at the present time throughout any significant portion of its range within the state.

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 22-1998, f. & cert. ef. 3-13-98

Or. Admin. R. 635-100-0112 Removing Threatened and Endangered Species from the State List

The commission by rule many remove a wildlife species from the state list upon a review of the best available scientific and other data which meets the criteria set forth below. The scientific information shall be documented and verifiable information related to the species’ biological status. Before removing a wildlife species from the state list, the commission shall determine:

(1) The species is not, or is not likely to become within the foreseeable future, in danger of extinction throughout any significant portion of its range in this state, or is not at risk of becoming endangered throughout any significant portion of its range in this state.

(2) That the natural reproductive potential of the species is not in danger of failure due to limited population numbers, disease, predation or other natural or human-related factors affecting its continue existence; and

(3) The species no longer qualifies for listing under OAR 635-100-0105(6).

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 22-1998, f. & cert. ef. 3-13-98

Or. Admin. R. 635-100-0113 Threatened and Endangered Species Technical Committees

The director may appoint a technical committee to evaluate the information contained in a petition or staff report to either list, reclassify or remove a species from the state list.

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 22-1998, f. & cert. ef. 3-13-98

Or. Admin. R. 635-100-0115 Threatened and Endangered Species Temporary Listing

(1) Notwithstanding any other provisions of OAR 635, division 100, the commission shall adopt a temporary rule to add a wildlife species to the list of threatened or endangered species if it determines that there is a significant threat to the continued existence of the species within the state.

(2) Upon the determination required under section (1) of this rule, the commission shall publish notice of the addition to the list in the Secretary of State’s bulletin and shall mail notice to affected or interested persons whose names are included on the commission’s mailing list for such purposes.

(3) The temporary rule shall take effect immediately upon filing in the Secretary of State’s bulletin and shall remain in effect not more than 180 days during which time the commission may undertake the rulemaking procedures provided for in OAR 635, division 100.

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 22-1998, f. & cert. ef. 3-13-98
FWC 50-1988, f. & cert. ef. 6-24-88

Or. Admin. R. 635-100-0120 Threatened and Endangered Species Periodic Review of List

(1) The commission shall review each listed species at least once every five years to determine if verifiable scientific information exists to justify reclassification or removal from the list.

(2) The review under section (1) of this rule shall be conducted according to the criteria and procedures set forth in OAR 635-100-0105, 635-100-0110, 635-100-0111 (Reclassifying Species), and 635-100-0112 (Removing Species from the State List).

(3) If the commission makes the required determination under subsection (1) of this rule, the commission shall, within 90 days of the determination, commence the process of rulemaking to change the status of the species.

(4) The department shall notify affected state agencies of the commission’s review determinations and may recommend management alternatives to the agencies.

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 22-1998, f. & cert. ef. 3-13-98
FWC 50-1988, f. & cert. ef. 6-24-88

Or. Admin. R. 635-100-0125 State List of Threatened and Endangered Species

The state list of threatened and endangered species is as follows:

History

Statutory/Other Authority: 496.172 & 496.182
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 13-2024, amend filed 02/21/2024, effective 02/21/2024
DFW 103-2021, amend filed 07/15/2021, effective 07/15/2021
DFW 26-2021, amend filed 03/16/2021, effective 03/16/2021
DFW 50-2017, f. & cert. ef. 4-25-17
DFW 74-2018, amend filed 06/20/2018, effective 06/20/2018
DFW 153-2015, f. & cert. ef. 11-10-15
DFW 23-2012, f. & cert. ef. 3-14-12
DFW 26-2007, f. & cert. ef. 4-19-07
DFW 93-2005, f. & cert. ef. 8-19-05
DFW 66-2005(Temp), f. & cert. ef. 7-1-05 thru 12-12-05
DFW 5-2000, f. 2-3-00, cert. ef. 2-4-00
DFW 2-2000(Temp), f. & cert. ef. 2-1-00 thru 7-28-00
DFW 91-1999(Temp), f. 12-2-99, cert. ef. 1-1-00 thru 6-28-00
DFW 80-1999(Temp), f. 10-11-99, cert. ef. 11-1-99 thru 4-27-00
DFW 63-1999(Temp), f. 9-10-99, cert. ef. 10-1-99 thru 3-28-00
DFW 54-1999(Temp), f. 8-10-99, cert. ef. 9-1-99 thru 2-27-00
DFW 51-1999, f. & cert. ef. 7-22-99
DFW 49-1999(Temp), f. 7-13-99, cert. ef. 8-1-99 thru 1-27-00
DFW 44-1999(Temp), f. & cert. ef. 7-1-99 thru 12-27-99
DFW 33-1999(Temp), f. 5-7-99, cert. ef. 6-1-99 thru 11-27-99
DFW 24-1999(Temp), f. 4-14-99, cert. ef. 5-1-99 thru 10-27-99
DFW 18-1999(Temp), f. 3-12-99, cert. ef. 4-1-99 thru 9-27-99
FWC 93-1995, f. & cert. ef. 12-8-95
FWC 44-1995, f. & cert. ef. 5-30-95
FWC 69-1993, f. & cert. ef. 11-1-93
FWC 132-1991, f. 11-19-91, cert. ef. 11-20-91
FWC 130-1991, f. & cert. ef. 11-4-91
FWC 46-1991, f. 5-1-91, cert. ef. 5-6-91
FWC 40-1989, f. 6-20-89, cert. ef. 7-1-89
FWC 108-1988, f. & cert. ef. 12-29-88
FWC 50-1988, f. & cert. ef. 6-24-88

Or. Admin. R. 635-100-0130 Requirement for Survival Guidelines

For threatened species listed in OAR 635-100-0125 after 1995 (enactment of ORS 496.182(2)) and, in the absence of an approved endangered species management plan as provided in OAR 635-100-0140, the following requirements apply:

(1) Before a state agency takes, authorizes, or provides direct financial assistance for any action on land owned or leased by the state, or for which the state holds a recorded easement, the state agency shall consult with the department to determine whether the action is consistent with the survival guidelines established by the commission pursuant to ORS 496.182(2) and OAR 635-100-0105(9) and listed in 635-100-0135;

(2) The agency shall notify the department in the event it is determined the proposed action has the potential to violate the survival guidelines. Within 90 days of such notice, the department shall recommend reasonable and prudent alternatives, if any, to the proposed action which are consistent with the guidelines.

(3) If a state agency fails to adopt the recommendations made by the department under section (2) of this rule, it shall consult with the department and demonstrate in writing that:

(a) The potential public benefits of the proposed action outweigh the potential harm from failure to adopt the recommendations; and

(b) Reasonable mitigation and enhancement measures shall be taken, to the extent practicable, to minimize the adverse impact of the action on the affected species.

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 51-1999, f. & cert. ef. 7-22-99
DFW 22-1998, f. & cert. ef. 3-13-98
FWC 50-1988, f. & cert. ef. 6-24-88

Or. Admin. R. 635-100-0135 Survival Guidelines for Species Listed as Threatened or Endangered

(1) As required by ORS 496.182 and OAR 635-100-0130, this rule describes survival guidelines for those species that were listed as threatened or endangered in 635-100-0125 after enactment of ORS 496.182(2). Survival guidelines described in this rule apply to state agencies that own or manage land where threatened or endangered species are present (OAR 635-100-0130).

(2) Coho salmon with historic distribution in Columbia River tributaries downstream from Hood River qualify, by commission action, as an endangered species (OAR 635-100-0125) effective July 1999. These fish, known as lower Columbia River coho salmon, occur only in the Clackamas River and Sandy River watersheds at the time of listing. The survival guidelines are as follows:

(a) To prevent further degradation of water quality and water quantity, actions shall be avoided that:

(A) Cause a violation of water quality standards established by the Oregon Department of Environmental Quality; or

(B) Reduce stream flows below levels established in in-stream water rights by the Oregon Water Resources Department.

(b) To conserve stream gravel, actions shall be avoided that remove gravel from areas used by naturally spawning coho salmon;

(c) To protect riparian areas along those streams used by coho salmon for either spawning or juvenile rearing, actions shall be avoided that:

(A) Eliminate mature forests within 100 feet of streams;

(B) Prevent the natural re-establishment of mature forests within 100 feet of streams in areas where a mature forest previously existed; or

(d) To ensure survival of migrating coho juveniles and returning adults, activities shall be avoided that are inconsistent with:

(A) Fish passage statutes ORS 498.351 and 509.605. These statutes require adequate upstream and downstream fish passage at dams or artificial obstructions; or

(B) Fish screening statutes ORS 409.301 through 498.346 and 509.615. These statutes regulate water diversions and the prevention of fish from entering water diversions.

(e) The total mortality impacts on ocean and in-river fisheries shall not exceed 15% of the total adult abundance of wild Lower Columbia coho salmon;

(f) The impacts of hatchery programs for coho salmon in the lower Columbia River on wild coho populations shall be consistent with the limits imposed by the Wild Fish Management Policy (OAR 635-007-0527).

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 51-1999, f. & cert. ef. 7-22-99

Or. Admin. R. 635-100-0136 Survival Guidelines for Washington Ground Squirrel

(1) ORS 496.182(2) states that the Commission shall, at the time of listing, adopt by rule quantifiable and measurable guidelines that the Commission considers necessary to ensure the survival of individual members of the species. These survival guidelines shall apply only to actions proposed on lands owned or leased by a state agency, or where a state agency holds an easement.

(2) For areas of occupied habitat on the Space Age Industrial Park (“Boardman Boeing tract”): Activities detrimental to the survival of Washington ground squirrels shall not be permitted in areas of occupied habitat. Occupied habitat areas are those undisturbed and formerly cultivated but abandoned areas which are underlain with Warden soils (or other soils with similar characteristics, or those soil types which lie contiguous to occupied Warden soils (e.g. Sagehill Fine Sandy Loam)). Soils classifications as shown on 1:24,000, USDA, Natural Resource Conservation Service (NRCS) Soil Survey Geographic (SSURGO) database, for the Morrow County Soil Survey, and incorporated here by reference. Certified soil survey information is available to the public at the Department’s headquarters office in Salem, the Department’s field office in Heppner or though NRCS offices. “Activities detrimental to the survival of Washington ground squirrels” are:

(a) Soil disturbance (including, but not limited to, grading, leveling, plowing, disking, digging and tilling);

(b) Livestock grazing at a level that results in more than 50% of leaf volume removed from the current year’s vegetative growth.

(d) Agricultural and/or industrial activities that would alter existing vegetative communities (including, but not limited to, pesticide applications i.e. herbicides, fungicides, insecticides, rodenticides), irrigation, and mowing.

(e) Direct taking of Washington ground squirrels through poisoning, shooting, capture, or other means.

(3) For other areas within the Space Age Industrial Park: Outside the soil type areas identified in (2) above, but within the Boeing Lease property (as shown on 1:24,000, USDA, Natural Resource Conservation Service Soil Survey Geographic (SSURGO) database, for the Morrow County Soil Survey, and incorporated here by reference).

(a) The area shall be surveyed for the presence of Washington ground squirrels, using survey methods developed by the Department and incorporated here by reference (“Status and habitat use of the Washington Ground Squirrel Spermophilus washingtoni on State of Oregon Lands, South Boeing, Oregon in 1999.” November 1999. This document is available to the public at the Department’s headquarters office in Salem and field office in Heppner). Surveys shall be undertaken during the appropriate season immediately prior to any authorization being granted by an agency for activities detrimental to the survival of Washington ground squirrels (as defined in (2)(a)–(e)).

(b) If the survey locates Washington ground squirrel sites, or squirrel occurrence has been previously recorded, activities detrimental to the survival of Washington ground squirrels shall not be permitted within 150 meters of the squirrel use-area associated with any such site (squirrel use-areas are described in the “Status and habitat use of the Washington Ground Squirrel Spermophilus washingtoni on State of Oregon Lands, South Boeing, Oregon in 1999,” referenced in (3)(a) above). If more than one squirrel site is detected, any authorized activities near detected sites shall not result in loss of habitat or physical connectivity between those sites. In addition, authorized activities around squirrel sites shall not physically isolate the site(s) from other colonies or occupied habitat areas. Agencies shall consult with the Department in such situations to determine specific site-based connectivity requirements.

(4) Not withstanding (3) above, phase II of the Inland Land Company Farm Plan as described in IRZ Consulting map of 4-7-99 is exempt from these survival guidelines between January 21, 2000 and February 18, 2000, provided, all activities detrimental to the survival of Washington ground squirrels are conducted under the supervision of a biologist and in consultation with ODFW to avoid take of Washington ground squirrels.

(5) For any other state owned or leased land or easements elsewhere within the Columbia Basin Physiographic Province where suitable Washington ground squirrel habitat and soil types occur: State agencies shall consult with the Department before authorizing activities detrimental to Washington ground squirrels (as defined in (2)(a)–(e)).

(6) For other areas of state owned or leased land or easements which have been surveyed by methods acceptable to the Department: Where Washington ground squirrel surveys have been conducted according to the methods referred to in section (3)(a) above, areas with Washington ground squirrel sites shall be protected as indicated in (3)(b) above.

History

Statutory/Other Authority: 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
DFW 5-2000, f. 2-3-00, cert. ef. 2-4-00

Or. Admin. R. 635-100-0137 Survival Guidelines for Marbled Murrelet

(1) ORS 496.182(2) states that the Commission shall, at the time a species is added to the list of threatened or endangered species, adopt by rule quantifiable and measurable guidelines that the Commission considers necessary to ensure the survival of individual members of the species. These survival guidelines shall only apply to actions proposed and carried out on lands owned or leased by a state agency, or where a state agency holds an easement, except road access easements across private lands.

(2) These survival guidelines focus on measures to minimize potential for unauthorized take of Marbled Murrelets. “Take” is defined in section (11)(m) of this rule.

(3) Pursuant to OAR 635-100-0140, a Commission-approved endangered species management plan for the Marbled Murrelet developed by an affected state agency shall supersede these survival guidelines.

(4) Consistent with ORS 496.182(1), these survival guidelines seek to minimize duplication and overlap of state and federal laws and regulations pertaining to listed species:

(a) Pursuant to ORS 496.172(4), these survival guidelines do not apply if the state agency is operating in compliance with, and has on file with the Department, an Incidental Take Permit for the Marbled Murrelet issued by the U.S. Fish and Wildlife Service (USFWS) under the federal ESA.

(b) State agencies that propose to implement projects that have the potential to take Marbled Murrelets should consult with the USFWS. These survival guidelines are preempted by any more protective measures required by the federal ESA.

(c) The Department may approve, in writing, actions not consistent with protection requirements in these survival guidelines for reasons of forest health or public safety, or when the approval is consistent with USFWS advice.

(d) In cases of emergency, such as wildfire and search and rescue situations, nothing in these survival guidelines is intended to delay the necessary response to secure human life and property.

(e) State agencies shall document and retain information and other data related to survey results, protection of Marbled Murrelet occupied sites, and associated decision-making.

(f) The Department may schedule periodic meetings with other state agencies. State agencies will review projects and activities that occurred under these survival guidelines and may recommend changes to the survival guidelines.

(5) Prior to implementing a project that removes trees and has the potential to take Marbled Murrelets, approved surveys of the project area shall be conducted for a minimum of two consecutive years to determine if it is occupied by murrelets.

(6) State agencies shall designate and protect occupied sites and associated buffers on state-owned, managed, and leased lands. Occupied sites and buffers exclude adjacent private and non-state public lands.

(a) If subcanopy behaviors are detected or if a nest site is found, then all continuous suitable habitat in a project area shall be designated as an occupied site.

(b) If during consultation, the USFWS and Department agree that a different extent or configuration adequately delineates the designated occupied site and buffer, section (6)(a) of this rule shall not apply.

(c) Projects that remove trees are prohibited in occupied sites and buffers if the Department determines that the impacts from the project will change the habitat function for Marbled Murrelets. The Department may allow exceptions to this rule after prior review and approval by the USFWS and the Department.

(d) Forest management activities, such as manual release operations and pre-commercial thinning to maintain the growth and survival of conifer reforestation in buffers, shall only be allowed September 16 – March 31, or with daily timing restrictions (between two hours after sunrise and two hours before sunset) from August 6 - September 15.

(e) Removal of downed or standing trees that present imminent safety hazards to persons or property, or that obstruct existing roads, utility corridors, and rights-of-way is allowed.

(7) The following projects and activities that have the potential to take Marbled Murrelets in occupied sites are prohibited:

(a) Use of chainsaws and heavy equipment within the buffer of an occupied site from April 1 - August 5. These activities are allowed from August 6 - September 15, between two hours after sunrise and two hours before sunset.

(b) Burning within 0.25 mile (0.40 kilometer) of an occupied site from April 1 - September 15.

(d) Established public uses and maintenance of existing infrastructure, including but not limited to, roads, campgrounds, picnic/day use areas, and buildings are not subject to section (7)(a) and (7)(b) of this rule.

(8) State agencies shall provide information and outreach to the public to prevent the intentional and unintentional (e.g., unattended food, food trash) feeding of wildlife. Food-related trash shall be secured in wildlife proof containers at established public recreation areas such as parks, campgrounds, picnic/day use areas, trailheads, and associated parking areas within or immediately adjacent to suitable habitat.

(9) State agencies shall consider protection of Marbled Murrelet occupied sites in fire management, including wildfire prevention, preparedness, and response. Fire management should identify occupied sites as high-value natural resources.

(10) For all other projects and activities not described in these survival guidelines with potential to take Marbled Murrelets, state agencies shall notify and consult with the Department to determine conservation measures appropriate to the situation.

(11) For the purposes of implementing these survival guidelines, the following definitions apply:

(a) “Approved survey” refers to a method for surveying Marbled Murrelets in forests that, after consultation with ODFW, ODFW accepts in writing.

(b) “Buffer” means, at a minimum, a 328-foot (100 meter) wide protected zone around the perimeter of an occupied site. Buffers exclude adjacent private and non-state public lands.

(d) “Forest stand” means an aggregation of trees that are sufficiently uniform in species composition, size, age, and condition as to be distinguished from adjacent aggregations.

(e) “Nest site” means a location with an active nest or evidence of a prior Marbled Murrelet nest, including eggs, eggshell fragments, or a downy chick.

(f) “Occupied site” means a continuous area of suitable habitat in a project area where Marbled Murrelets have been observed exhibiting subcanopy behaviors or in which a nest site has been found. Occupied sites exclude adjacent private and non-state public lands.

(g) “Platform” means a flat surface on a tree limb, which is generally ≥ 4 inches (10 centimeters) in diameter, and capable of hosting a Marbled Murrelet nest. Platforms can be created by a wide bare branch, moss or lichen covering a branch, mistletoe, other deformities, or structures such as squirrel nests.

(h) “Platform tree” means any tree having one or more platforms that are generally ≥ 33 feet (10 meters) high in a live coniferous tree.

(i) “Project area” refers to the geographic extent that will be directly affected by the proposed action, plus all continuous suitable habitat within 0.25 mile (0.40 kilometer) of the proposed action boundaries. Project areas exclude private and non-state public lands.

(j) “State land-owning or managing agency” means an agency (or program within an agency) identified in OAR 635-100-0140(1)(a)-(n).

(k) “Subcanopy behaviors” refers to Marbled Murrelet behaviors occurring at or below the forest canopy, and that strongly indicate the site has some importance for breeding. Subcanopy behaviors include flying through the canopy, circling below the canopy, landing, and stationary calling.

(l) “Suitable habitat” for state lands generally means old-growth, mature, coniferous forest stands that include multiple platform trees, and occur within 35 miles (56 kilometers) of the Pacific Coast.

(m) “Take” means “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct”, following the federal ESA (16 U.S.C. 1532(19)). Through federal regulations, “harm” is defined as “an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.” “Harass” is defined as “an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering” (50 CFR 17.3).

History

Statutory/Other Authority: ORS 496.004, ORS 496.171, ORS 496.172, ORS 496.182, ORS 496.192 & ORS 498.026
Statutes/Other Implemented: ORS 496.004, ORS 496.171, ORS 496.172, ORS 496.182, ORS 496.192 & ORS 498.026
DFW 103-2021, amend filed 07/15/2021, effective 07/15/2021
DFW 112-2018, adopt filed 08/07/2018, effective 08/07/2018

Or. Admin. R. 635-100-0138 Survival Guidelines for Southern Resident Orcas

(1) ORS 496.182 (Protection and conservation programs) subsection (2) states that the Commission shall, at the time a species is added to the list of threatened or endangered species, adopt by rule guidelines that the Commission considers necessary to ensure the survival of individual members of the species. Survival guidelines apply to actions proposed on State lands and may also serve to guide State agencies that have a role to play in the conservation of the species. For endangered species, survival guidelines will apply until a State land-owning or managing agency’s endangered species management plan is approved by the Commission.

(2) The Southern Resident Orca Distinct Population Segment (DPS) was listed as endangered under the Federal Endangered Species Act (ESA) in 2005. The National Marine Fisheries Service (NMFS) has identified three main threats to the survival of this DPS, including: 1) scarcity of prey, 2) high levels of contaminants from pollution, and 3) disturbance from vessels and sound. The population is also at high risk from oil spills. The threats likely interact to produce additive or synergistic effects.

(3) These survival guidelines focus on measures to protect, and where feasible enhance, the critical habitat of Southern Resident orcas and are preempted by any more protective measures required by the Federal ESA. “Critical habitat” refers to the specific areas within the geographical area occupied by the Southern Resident orcas in which are found physical or biological features essential to the conservation of the species and which may require special management considerations or protection (86 FR 41668). In Oregon, critical habitat designated by NMFS includes marine waters between the 20-ft depth contour and the Oregon state waters boundary (3 miles from the coastline) and extends from the Washington state line at the Columbia River mouth to the California state line.

(4) Southern Resident orcas require prey of sufficient quantity and quality for survival and successful reproduction. This population primarily consumes adult salmonids, especially Chinook salmon. Salmon populations have declined significantly from historical abundance because of habitat degradation, including construction of the federal Columbia river hydrosystem; overharvest; impacts from hatchery fish and non-native species; and barriers to fish passage. To aid the recovery of these populations, State and Federal agencies, Tribes, Non-governmental organizations, and members of the public have implemented a multitude of regulatory and voluntary actions. Many large-scale actions such as the Oregon Plan for Salmon and Watersheds (1997), the Pacific Coastal Salmon Recovery Fund (2000), the Federal Columbia River Power System Biological Opinion (2008), Amendment 21 of the Pacific Coast Salmon Fishery Management Plan (2021), and the 2023 Presidential Memorandum have been implemented to restore the health of watersheds critical to the recovery of wild salmonids. Billions of dollars have been invested in the recovery of anadromous salmonids native to the Pacific Northwest, and fisheries and hatcheries are managed to avoid impacting recovery of ESA-listed species and to prevent the decline of unlisted stocks. Progress has been made in improving freshwater and estuarine habitat, hydropower system fish passage, and hatchery practices. These actions are ongoing but can take several years to accrue benefits to the salmon populations. Near term increases in the Southern Resident orcas’ prey base can be acheived through enhanced hatchery production. To that end, the Oregon Department of Fish and Wildlife (ODFW) will investigate the potential to enhance hatchery production of salmon, preferably Columbia River Chinook stocks important to Southern Resident orcas. If additional production potential exists, ODFW will pursue funding to increase hatchery production. Increased releases of hatchery salmon should be undertaken in a manner that minimizes adverse impacts on wild salmon.

(5) Environmental contaminants such as persistent organic pollutants (POPs) bioaccumulate in Southern Resident orcas when contaminated prey is consumed, and the toxicants are subsequently stored in the orcas’ blubber. Toxic effects from contaminants can lead to reduced immune system function and reproductive success in Southern Resident orcas. To the extent taking such actions are consistent with the statutory authority of the relevant State agency, State agencies shall protect and improve the marine environment for Southern Resident orcas by taking the following actions to play a role in the conservation of the species:

(a) Improve the effectiveness, implementation, and enforcement of any National Pollutant Discharge Elimination System permits, as applicable, particularly for pollutants posing the highest risk for Southern Resident orcas and their prey; and

(b) Refine nonpoint source pollution management plans and monitoring activities to address threats to Southern Resident orcas and their prey.

(6) Large oil spills are a serious threat to Southern Resident orcas, especially when the orcas are concentrated in foraging areas such as the mouth of the Columbia River. State land-owning or managing agencies and agencies with statutory authority for oil spill planning and response shall address the threat of oil spills by taking the following actions when actions are proposed on State lands (in the absence of an approved endangered species management plan, if applicable) where the threatened or endangered species or its habitat is present:

(a) Implement strategies that emphasize the prevention of oil spills and spills of other hazardous materials; and

(b) Commit adequate resources to planning, training, and coordination with other government agencies and industry to effectively respond to oil spills.

(7) Vocalizations by Southern Resident orcas are critical for communication between individuals, navigation, and foraging. Disturbance and noise from vessels and activities such as dredging, seismic testing, and construction can interfere with the Southern Resident orcas’ ability to communicate and forage efficiently. State agencies shall reduce vessel and noise disturbance of Southern Resident orcas by taking the following actions when actions are proposed on State lands (in the absence of an approved endangered species management plan, if applicable) where the threatened or endangered species or its habitat is present:

(a) Educate boaters on the current Federal vessel buffer guideline off the Oregon Coast; and

(b) Ensure that the Joint Agency Review Team assesses the potential effects on Southern Resident orca communication, navigation, and foraging, consistent with the Oregon Territorial Sea Plan, when planning projects in Southern Resident orca critical habitat off the Oregon Coast.

(8) Public outreach and education are important in raising awareness of the presence of Southern Resident orcas in Oregon waters and the issues confronting them. This can inspire Oregonians to support conservation efforts for Southern Resident orcas. To the extent taking such actions are consistent with the statutory authority of the relevant State agency, State agencies shall help educate and inform the public by taking the following actions when actions are proposed on State lands (in the absence of an approved endangered species management plan, if applicable):

(a) Create State agency web pages and use social media to provide scientific information on Southern Resident orcas, the threats to their survival, and actions that can be taken to support their conservation;

(b) Develop brochures and presentations for use in outreach programs regarding Southern Resident orcas at whale watching venues on the Oregon Coast; and

(c) Increase awareness of Southern Resident orcas’ connection with other environmental issues in Oregon such as salmon restoration and pollution by partnering with existing programs designed to educate, inform, and engage the public on these issues.

(9) It is important that management actions taken by State agencies to support the conservation of Southern Resident orcas are carried out in a coordinated manner to maximize their impact and avoid duplication of effort. ODFW can achieve this objective by pursuing funding to help implement the Oregon Southern Resident Orca Conservation Initiative, which consists of the collective actions taken by State agencies in Oregon to support Southern Resident orca conservation. A key part of the Initiative is a working group comprised of representatives from State agencies that have a role to play in Southern Resident orca conservation. Regular meetings of the working group help facilitate State agency cooperation and coordination of management actions. Also, periodic meetings will be conducted with interested parties to share information on Southern Resident orcas.

(10) For the purposes of implementing these survival guidelines, the following definitions apply:

(a) "State lands" means lands, including waters over such lands, owned or leased by a State agency, or on lands for which the State agency holds a recorded easement.

(b) “Oregon Plan for Salmon and Watersheds” refers to a plan established by the Oregon Legislature in 1997 to restore Oregon’s native fish populations and the aquatic systems that support them to productive and sustainable levels.

(c) “Pacific Coastal Salmon Recovery Fund” refers to a fund established by the U.S. Congress in 2000 to reverse the declines of Pacific salmon and steelhead.

(d) “Federal Columbia River Power System (FCRPS) Biological Opinion” refers to 2008 guidance for Action Agencies in operating the FCRPS and requires a series of mitigation measures to address effects on ESA-listed salmon, steelhead, and eulachon.

(e) “Amendment 21 of the Pacific Coast Salmon Fishery Management Plan” refers to a 2021 provision in the fishery management plan that establishes an annual Chinook salmon abundance threshold below which the Pacific Fishery Management Council and NMFS will implement specific management measures to limit ocean salmon fishery impacts on the availability of Chinook salmon as prey for Southern Resident orcas (86 FR 51017).

(f) “2023 Presidential Memorandum” refers to a memorandum signed by U.S. President Joseph Biden on September 27, 2023 directing applicable Federal agencies to work with Tribal Nations, States, and local agencies to restore healthy and abundant salmon, steelhead, and other native fish populations in the Columbia River basin, and includes requirements to identify additional resources needed to carry out restoration activities (88 FR 67617).

(g) “Bioaccumulate” means an increase in the concentration of a chemical in a biological organism over time, which occurs when chemicals are taken up and stored faster than they are broken down (metabolized) or excreted.

(h) “National Pollutant Discharge Elimination System” refers to the system established by the 1972 Clean Water Act to regulate pollution from an identifiable source through permits that place limits on the types and amounts of pollutants discharged (33 U.S.C. §1251 et seq.).

(i) “Nonpoint source pollution” means pollution that is from anything that is not a “point source”, as defined in Section 502(14) of the Clean Water Act (33 U.S.C. §1251 et seq.).

(j) “Vessel buffer” means the distance that vessels must keep from whales, including Southern Resident orcas, established by existing Federal guidelines or any future State regulation or guideline.

History

Statutory/Other Authority: ORS 496.172
Statutes/Other Implemented: ORS 496.176, ORS 496.182 & ORS 496.012
DFW 13-2024, adopt filed 02/21/2024, effective 02/21/2024

Or. Admin. R. 635-100-0140 Endangered Species Management Plans for State Land Owning or Managing Agencies

(1) Within four months of its decision to list a species as endangered, the commission shall determine if state land can play a role in the conservation of the species. In making this determination, the commission shall consult and coordinate with the appropriate state land owning or managing agencies.

(2) The commission shall consider the species’ biology and the geography of the land base (i.e., location, quality and quantity of the species’ habitats) to determine if the species or its habitat is found on state land.

(a) If neither the species nor its habitat is found on state land, the commission shall determine that state land has no role to play in the conservation of the species. If the commission makes such a determination, then state land owning and managing agencies shall not be required to prepare an endangered species management plan.

(b) If the species or its habitat is found on state land, the commission shall consider the impact state agency actions may have on the species and its habitat in determining whether the state land can play a role in the conservation of the species. If the commission determines that state land can play a role, it shall notify the affected state land owning or managing agencies in writing.

(3) Once notified that state land can play a role in conservation of the species, each agency shall, in consultation with the department, determine the role the state land it owns or manages shall serve in the conservation of the species. This role may include, but is not limited to, conservation, contribution toward conservation or take avoidance. In making this determination, each agency shall balance the following:

(a) The statutory or constitutional requirements, rules and policies applicable to the agency’s programs;

(b) The social and economic impacts that conservation would have on the state;

(d) The purpose of the state land; and

(e) The roles that land other than state land will play in the conservation of the species.

(4) The agencies shall balance the factors listed in section (3) of this rule consistent with the biological aspects of species management identified by the department and the statutory or constitutional obligations of the agencies (including the land’s statutory purpose).

(5) To carry out its consultation role under this rule, the department shall provide the agencies with an assessment of the conservation needs of the species, as well as a list of the existing management rules, plans and other management guidelines and biological information related to management of the listed species. The assessment of the conservation needs of the species should be based on the information and factors the commission considered in listing the species. In order to expedite the development of endangered species management plans, the department shall provide this information in as timely a manner as possible.

(6) After determining the role its land shall play, each agency shall develop, and approve according to the agency’s procedures, an endangered species management plan within 18 months of the commission’s decision to list a species as endangered. The agency shall develop the plan in consultation with the department and consistent with this rule. The plan shall address, at a minimum:

(a) What state land is covered by the plan;

(b) What role that state land is to play in conservation of the species and how the agency defined that role (i.e., how the agency balanced the factors listed in sections (3) and (4) of this rule);

(d) Whether the agency will monitor implementation of the plan, and if so, how and when;

(e) Whether the agency will reassess and review the plan and its implementation, and if so, how and when. For example, the agency may determine that new biological information, catastrophic events, changes in the species’ listing status, changes in land use practices, or other factors will trigger the agency’s reassessment and review of the plan;

(f) How the agency’s plan relates to other state agency endangered species management plans, federal recovery plans and state and other recover efforts;

(g) What process the agency used in developing the plan, including the review and approval process, if any.

(h) The agency shall submit the plan to the commission for review and approval. The commission shall review the plan to determine whether it achieves the role defined for the affected land is consistent with the commission’s rules for endangered species management plans. If the commission determines that, based on the biology of the endangered species, the plan does not achieve the define role, in consultation with the agency, it may modify the plan as necessary to be consistent with the role as defined under section (3) of this rule. The commission shall approve the plan as submitted or modified within 24 months from the date the species listed as endangered.

(8) Once the commission approves an agency’s endangered species management plan, the agency’s plan shall supersede the survival guidelines for the species for purposes of implementing ORS 496.182(3).

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 22-1998, f. & cert. ef. 3-13-98

Or. Admin. R. 635-100-0150 Endangered Species Requirements for Agencies Other than State Land Owning or Managing Agencies

(1) In consultation and cooperation with agencies other than state land owning or managing agencies, the commission shall determine whether those agencies can serve a role in the conservation of the endangered species. If the commission determines that an agency has a role, it shall notify the agency in writing. Once notified, the agency shall determine what role it shall serve. This role may include, but is not limited to, conservation of the species, contribution toward conservation or take avoidance. In making this determination, the agency shall:

(a) Consult with the department concerning the biological aspects of managing the species;

(b) Consider the impact its actions and programs may have on the conservation of the species and its habitat;

(d) Consider its statutory obligations.

(2) To carry out its consultation role under this rule, the department shall provide agencies with an assessment of the conservation need of the species, as well as a list of the existing management rules, plans and other management guidelines and biological information related to the management of the listed species.

(3) Once the agency determines what role it shall serve in the conservation of the species, the agency shall provide the commission a written description of its role, with an explanation of how it developed the role and how it intends to achieve the role. This explanatory statement shall address the following:

(a) What programs are covered by the statement;

(b) What role the agency will play in conservation of the species and how the agency defined the role;

(d) Whether the agency will reassess and review its actions to achieve the role, and if so, how and when;

(e) Whether the agency will monitor its actions, and if so, how and when;

(f) How the agency’s role and actions relate to state, federal and other recovery efforts.

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 22-1998, f. & cert. ef. 3-13-98

Or. Admin. R. 635-100-0160 Classification of Agencies

(1) For purposes of OAR 635-100-0140 (Endangered Species Management Plans for State Land Owning or Managing Agencies), the following agencies (or programs within identified agencies) shall be considered a “state land owning or managing agency”:

(a) Oregon Department of Fish and Wildlife;

(b) Oregon Department of Forestry;

(d) Oregon Department of Administrative Services;

(e) Oregon Division of State Lands (all proprietary programs);

(f) State Land Board;

(g) Oregon Department of Education;

(h) Oregon Department of Transportation;

(i) Oregon Military Department;

(j) Oregon State Hospital;

(k) Department of Veteran’s Affairs (except as provided in ORS 496.182(6);

(l) Department of Corrections;

(m) Oregon State Board of Higher Education; and

(n) Any other state agency that owns, leases or holds a recorded easement for land.

(2) For purposes of OAR 635-100-0150 (Endangered Species Requirements of Agencies Other than State Land Owning or Managing Agencies), any other state agency whose actions or programs may impact state-listed endangered species or their habitats shall be considered an “agency other than a land owning or managing agency,” including but not limited to:

(a) Oregon Department of Environmental Quality;

(b) Oregon Department of Agriculture;

(d) Department of Land Conservation and Development;

(e) Oregon State Marine Board;

(f) Oregon Department of Energy and Energy Facility Siting Council;

(g) Columbia River Gorge Commission;

(h) Oregon Division of State Lands (fill and removal program, wetland planning program);

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 22-1998, f. & cert. ef. 3-13-98

Or. Admin. R. 635-100-0170 Threatened and Endangered Species Incidental Take Permits

(1) Except as provided in this rule, the department may issue a permit to any person for the incidental take of a state-listed threatened or endangered species if it determines that such take will not adversely impact the long-term conservation of the species or its habitat. The department may issue the permit under such terms, conditions and time periods necessary to minimize the impact on the species or its habitat. An incidental take permit may be issued for individuals of more than one state-listed species.

(2) To request an incidental take permit, the person shall submit an application and provide the information required on the form provided by the department. If the department is seeking an incidental take permit, it shall make application to the commission on the same form and under the same standards as provided in section (2) of this rule.

(3) An incidental take permit shall not be issued for any species listed under the federal ESA. An incidental take permit or statement issued by a federal agency shall be considered a waiver of any state protection measures or requirements otherwise applicable to the actions allowed by the federal agency.

(4) Notwithstanding subsection (1) of this rule, an incidental take permit may be granted for activities which affect listed coho that do not significantly decrease the likelihood that the fish will recover.

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 8-2002, f. & cert. ef. 1-24-02
Reverted to DFW 29-2000, f. 5-30-00, cert. ef. 5-30-00 thru 11-15-00
DFW 12-2001(Temp), f. 3-8-01, cert. ef. 3-12-01 thru 9-8-01
DFW 29-2000, f. 5-30-00, cert. ef. 5-30-00 thru 11-15-00
DFW 22-1998, f. & cert. ef. 3-13-98

Or. Admin. R. 635-100-0180 Western Snowy Plover

The Western Snowy Plover Conservation Program, adopted under OAR 635-105-0000 to 635-105-0040, and the site specific management plans developed pursuant to that plan, shall serve as the survival guidelines for the Western Snowy Plover, Charadrius alexandrinus nivosus.

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 22-1998, f. & cert. ef. 3-13-98

Or. Admin. R. 635-100-0190 Lower Columbia River Coho Fishery Management

(1) The mortality rate limit for wild coho salmon caught in Columbia River fisheries shall be set annually prior to the time these fisheries open. This limit shall not exceed the level specified in Table 1 of this rule corresponding with the observed parental escapement, expressed as a fraction of full seeding, and the index of marine survival for the upcoming adult coho return.

(2) For the purpose of implementing the management strategy described in paragraph (1) of this rule the following definitions apply:

(a) Parental escapement means the number of wild fish in the spawning population, expressed as a fraction of full seeding, that were the parents of the upcoming wild coho return;

(b) Marine survival index means a forecast of ocean survival for 3-year old coho returning in the upcoming year based upon the number of 2-year old hatchery coho (jacks) observed the previous year divided by the number of hatchery smolts released in the spring of the same year the jacks returned;

(c) Full seeding means the number of wild coho in a natural spawning population that is sufficient to produce maximum production of subsequent juvenile smolt offspring;

(A) Pending further revision, full seeding for the Clackamas population means 3,800 wild adult coho as counted passing North Fork Dam;

(B) Pending further revision, full seeding for the Sandy population means 1,340 wild adult coho as counted passing Marmot Dam.

(3) Wild coho populations in the Clackamas and Sandy basins shall serve as the index stocks for the purposes of setting annual fishery mortality rate limits.

(4) In those circumstances when ODFW deems the expected mortality of lower Columbia River wild coho in upcoming ocean fisheries is too high for conservation purposes, ODFW shall actively negotiate through the Pacific Fishery Management Council (PFMC) for regulations that yield a lower fishery mortality rate.

(5) Achievement of fishery management strategies described in this rule is contingent on continuation of fishing regulations and fish marking programs that minimize the impact on wild fish through selective fishing methods and the manipulation of fishing season time and location. In addition, ODFW shall continue to explore new methods to further reduce the mortality of wild fish in all fisheries.

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

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 112-2001, f. & cert. ef. 12-14-01

Or. Admin. R. 635-100-0191 Lower Columbia River Coho Hatchery Programs

(1) Conservation Hatchery Programs: ODFW shall take advantage of existing and new hatchery facilities to supply hatchery fish for selected projects to help restore natural production of wild coho. These projects will be treated as interim and experimental until their conservation value is demonstrated.

(a) In 2002 ODFW shall initiate at least 3 projects using hatchery fish to re-establish wild populations in stream sections upstream of artificial barriers at ODFW hatcheries.

(b) In 2003 ODFW shall initiate projects to restore natural production using hatchery fish in selected locations within the portion of coho habitat in the lower Columbia basin that in 2000, 2001, and 2003 had a density of wild spawners less than 2 wild fish per stream mile. Implementation of these projects is conditional on adequate funding for appropriate conservation hatchery approaches and monitoring and evaluation programs to assess project success and to manage the risk to wild populations while the projects are being conducted.

(2) Mitigation and Harvest Augmentation Hatchery Programs: ODFW shall operate hatcheries in such a manner that adverse genetic and ecological interactions between hatchery and naturally produced fish are minimized through management of hatchery broodstocks, hatchery rearing environments and fish releases.

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 112-2001, f. & cert. ef. 12-14-01

Or. Admin. R. 635-100-0192 Lower Columbia River Coho Land Management

(1) All ODFW operated hatcheries and wildlife management areas shall comply with the survival guidelines for lower Columbia River coho as described in OAR 635-100-0135, including the fish passage and fish screening provisions. ODFW shall complete a report by March, 2002 that sets priorities for the passage and screening modifications necessary at each hatchery from an evaluation of potential gains for natural coho production, the disease consequences to existing hatchery production, and the likely availability of necessary funds.

(2) The design of adult fish passage facilities shall incorporate the capacity for ODFW to restrict the number of hatchery fish that are allowed to migrate upstream as necessary once naturally self-sustaining populations have become re-established in these upstream areas.

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 112-2001, f. & cert. ef. 12-14-01

Or. Admin. R. 635-100-0193 Lower Columbia River Coho Monitoring

(1) De-listing decisions and the operation of fishery and hatchery programs requires monitoring and evaluation sufficient to measure risks and describe outcomes. ODFW shall implement such a monitoring program as sufficient funds become available.

(2) As funding becomes available, ODFW shall intensify its monitoring of juvenile and adult coho such that the data generated are directly comparable with coho information collected by ODFW from populations on the coast of Oregon.

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 112-2001, f. & cert. ef. 12-14-01

Or. Admin. R. 635-100-0194 Lower Columbia River Coho De-listing Criteria

(1) This rule describes the measurable criteria that define the minimum conservation goal for wild lower Columbia River coho. Upon meeting these criteria, ODFW shall be biologically justified to propose that species be removed from Oregon’s endangered species list.

(2) For the purpose of evaluating the biological status of lower Columbia River wild coho with respect to the criteria described in this rule, the following geographic areas where wild coho presently exist or are believed likely to exist in the future are defined as the recovery population boundaries.

(a) The Astoria population occurs in Youngs Bay tributaries and all Columbia tributaries upstream to and including Gnat Creek.

(b) The Clatskanie population occurs in Columbia River tributaries upstream of Gnat Creek to and including the Clatskanie River basin.

(c) The Scappoose population occurs in Columbia River tributaries upstream of the Clatskanie River to the mouth of the Willamette River.

(d) The Clackamas population occurs in the Clackamas River basin plus Columbia River tributaries to the Willamette River downstream of Willamette Falls.

(e) The Sandy population occurs in the Sandy basin plus Columbia River tributaries downstream to the mouth of the Willamette River.

(f) The Bonneville population occurs in Columbia River tributaries upstream of the Sandy River to and including the Hood River basin.

(3) To meet the minimum conservation goal, lower Columbia River coho must be found to meet all of the following biological criteria:

(a) Population Distribution and Structure — Self-sustaining wild populations are present in the Sandy and Clackamas basins. In addition, at least two of the following populations (Astoria, Clatskanie, Scappoose, or Bonneville) are self-sustaining.

(b) Diversity — Naturally reproducing wild coho are present in 65% of the named streams that historically contained coho. Human activities impose only minor artificial selection pressures on the phenotypic character of the wild populations. The ongoing impact of hatchery fish on the genetic character, evolutionary processes, and innate productivity of naturally reproducing populations is minor.

(c) Abundance — For three consecutive years, the number of wild spawners is at least 50% of the level necessary to produce maximum smolt recruits (full seeding) for the Sandy, Clackamas, and in at least two of the following populations: Astoria, Clatskanie, Scappoose, and Bonneville.

(d) Connectivity — No artificial barriers exist that prevent the dispersing of wild coho between naturally reproducing populations.

(e) Persistence and Resilience — The probability of extinction in 36 years is less than 5% for the Sandy and Clackamas populations plus two of the following populations: Astoria, Clatskanie, Scappoose, and Bonneville.

History

Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026
DFW 112-2001, f. & cert. ef. 12-14-01

Division 105 WESTERN SNOWY PLOVER CONSERVATION PROGRAM

Or. Admin. R. 635-105-0000 Definitions

As used in the Western Snowy Plover Conservation Program1:

(1) “Western Snowy Plover” means the subspecies Charadrius alexandrinus nivosus.

(2) “Conservation” means the use of methods and procedures necessary to bring a species to the point at which the measures provided under the Threatened or Endangered Wildlife Species Act (ORS 496.172, 496.176, 496.182) are no longer necessary.

(3) “Suitable Habitat” means flat, open areas on sandy coastal beaches, sand spits at coastal river outlets, dune-backed coastal beaches, coastal dredged-material disposal sites, and flats east of coastal foredunes that become exposed as deflation plain dry ponds.

1 The Commission adopted the Western Snowy Plover Conservation Program on May 18, 1994. Copies of the Conservation Program are available from the agency.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 30-1994, f. & cert. ef. 5-25-94

Or. Admin. R. 635-105-0010 Purpose

The Western Snowy Plover Conservation Program provides overall direction for the protection and conservation of the western snowy plover in Oregon.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 30-1994, f. & cert. ef. 5-25-94

Or. Admin. R. 635-105-0020 Program Objectives

The objectives of the Western Snowy Plover Conservation Program are to:

(1) Summarize biological information about the western snowy plover over its range and in Oregon with which to determine research needs and propose management actions;

(2) Propose management actions including, but not limited to, systematic habitat and annual population monitoring of the western snowy plover and development of site-specific management plans;

(3) Coordinate and share information with federal and state agencies and other states;

(4) Propose recovery criteria;

(5) Foster public understanding of the western snowy plover, its status, and the factors that influence its survival and recovery; and

(6) Prepare for post-recovery management.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 30-1994, f. & cert. ef. 5-25-94

Or. Admin. R. 635-105-0030 Program Implementation

(1) The Department will prepare a series of individual site-specific management plans in cooperation with land management agencies to address immediate survival needs and longer term sustained recovery of the western snowy plover.

(2) Pursuant to ORS 496.182(2), state agencies shall consult and cooperate with the Department to determine whether or not proposed actions are consistent with the Western Snowy Plover Conservation Program before authorizing or providing direct financial assistance for any action on land owned or leased by the state, or for which the state holds a recorded easement:

(a) When a site-specific management plan exists, the proposed action and ongoing actions shall be consistent with the plan and the Western Snowy Plover Conservation Program;

(b) On lands containing suitable habitat over which the state has legal jurisdiction within the following beach areas, when no site-specific management plan exists, the action agency in consultation with the Department shall determine whether or not the proposed action has the potential to appreciably reduce the likelihood of the survival or recovery of the western snowy plover:

(A) Columbia River — Necanicum River;

(B) Nehalem Spit;

(D) Netarts Spit;

(E) Sand Lake Spit;

(F) Nestucca Spit;

(G) Neskowin Beach;

(H) Siletz Spit;

(I) South Beach, Newport;

(J) Alsea Spit;

(K) Heceta Head — Siuslaw River;

(L) Siuslaw River — Siltcoos River;

(M) Siltcoos River — Tahkenitch;

(N) Tahkenitch — Threemile;

(O) Threemile — Umpqua River;

(P) Umpqua River — Tenmile Spit;

(Q) Tenmile Spit;

(R) Tenmile Creek — Horsfall Road;

(S) Horsfall Road — Coos Bay;

(T) Whiskey Run — Coquille River (Bullards Beach);

(U) Bandon State Park — New River;

(V) New River — Floras Lake;

(W) Euchre Creek; and

(X) Pistol River.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 30-1994, f. & cert. ef. 5-25-94

Or. Admin. R. 635-105-0040 Program Review

The Commission shall periodically review the Western Snowy Plover Conservation Program and, if necessary, update the objectives and management strategies of the Program.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 30-1994, f. & cert. ef. 5-25-94

Division 110 OREGON WOLF CONSERVATION AND MANAGEMENT PLAN

Or. Admin. R. 635-110-0000 Wolf Conservation and Management Plan

(1) The document entitled "Oregon Wolf Conservation and Management Plan" (Plan) dated June 2019 is incorporated here by reference as administrative rule. (This incorporation by reference includes the body of the Plan plus its Appendix A. Other appendices are excluded.) The Plan includes program direction, objectives and strategies to manage gray wolves in Oregon and defines the special status game mammal designation. Copies may be viewed on the Oregon Department of Fish and Wildlife (Department) website or obtained at the Salem headquarters office of the Oregon Department of Fish and Wildlife, 4034 Fairview Industrial Drive S.E., Salem, OR 97302. In the event of conflict between this plan and the associated rules, the technical rules govern.

(2) To the extent practicable, at least once every five years the Department shall review the Wolf Conservation and Management Plan and make recommendations to the Commission for any changes to the Plan. Review of the Plan should include incorporation of the best available science and should also seek comments from scientific and management experts in Oregon and other western states.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 498.012 & 498.014
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.012, 498.002, 498.006 & 498.014
DFW 76-2019, amend filed 06/17/2019, effective 06/17/2019
DFW 2-2014, f. & cert. ef. 1-14-14
DFW 144-2010, f. & cert. ef. 10-11-10
DFW 148-2005, f. & cert. ef. 12-29-05
DFW 12-2005, f. & cert. ef. 3-9-05

Or. Admin. R. 635-110-0005 Definitions

(1) “Depredation” means an incident or event that results in the confirmed injury or death of lawfully present livestock or working dogs on federal, state, tribal, or other public lands, or private lands, by one or more wolves.

(2)“Identified circumstance” means a condition which:

(a) The Department determines, based upon its investigation of the situation, attracts wolves and fosters conflict between wolves and livestock; and

(b) The Department advises the landowner, livestock producer or grazing permittee to remedy; but

(3) “In the area” means where the Department has determined the presence of the depredating wolves.

(4) “Lethal take” means management actions resulting in the death of a wolf or wolves.

(5)“Livestock” means ratites, horses, mules, jackasses, cattle, llamas, alpacas, sheep, goats, swine, domesticated fowl, bison, and livestock working dogs, and any fur-bearing animal bred and maintained (commercially or otherwise) within pens, cages and hutches.

(6) “Non-injurious harassment” means scaring off a wolf (or wolves) without doing bodily harm, and includes, but is not limited to, making loud noises or otherwise confronting the wolf (or wolves).

(7) “Non-lethal injurious harassment” means scaring off a wolf (or wolves) older than six months without killing but with some injury to the wolf.

(8) “Other wolf-livestock conflict” means testing, chasing, or otherwise disrupting livestock.

(9) “Take”, as defined by Oregon law (ORS 496.004(16)), means to kill or obtain possession or control of any wildlife.

(10) “Working dogs” means guarding dogs and herding dogs used to actively aid in the herding or protection of livestock.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 498.012 & 498.014
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.012, 498.002, 498.006 & 498.014
DFW 76-2019, adopt filed 06/17/2019, effective 06/17/2019

Or. Admin. R. 635-110-0010 Harassment and Take of Wolves during Phase I (Conservation)

NOTE: As of June 7, 2019, the portions of these rules regarding harassment and take of wolves are pre-empted in a portion of Oregon by the endangered status of the gray wolf under the federal Endangered Species Act. In the portion of Oregon where federal protections are reduced to a level below that of Oregon law, these rules govern harassment and take of wolves in Oregon.

(1) This rule describes factors and regulations related to harassment and take of wolves during Phase I of the Oregon Wolf Conservation and Management Plan.

(2) Non-injurious harassment.

(a) Subject to the conditions specified in paragraph (b), the following persons may use non-injurious harassment against wolves without a permit:

(A) Livestock producers (or their agents) on land they own or lawfully occupy; or

(B) Grazing permittees (or their agents) legally using public land under valid livestock grazing allotments.

(b) Non-injurious harassment is allowed without a permit under this rule only if:

(A) The wolf (or wolves) is in close proximity of livestock or in the act of other wolf-livestock conflict;

(B) The harassment in fact does not result in injury to the wolf (or wolves); and

(c) Any non-injurious harassment that does not meet each requirement of this rule requires a permit in advance from the Department.

(3) Non-lethal injurious harassment.

(a) Non-lethal injurious harassment is conducted for the purpose of minimizing wolf-livestock conflict when livestock are present.

(b) Subject to the conditions specified in paragraph (c), in addition to state employees or state authorized agents, the following persons may use non-lethal injurious harassment against wolves by permit:

(A) Livestock producers (or their agents) on land they own or lawfully occupy;

(B) Grazing permittees (or their agents) legally using public land under valid livestock grazing allotments.

(d) Non-lethal injurious harassment is allowed by permit from the Department only if:

(A) The Department confirms wolf depredation on livestock or other wolf-livestock conflict in the area;

(B) The applicant confers with the Department to determine the most effective harassment method(s);

(D) The harassment in fact does not result in the death of a wolf;

(E) No identified circumstance exists that attracts wolf-livestock conflict; and

(F) The harassment is reported to the Department within 48 hours.

(e) Permits for non-lethal injurious harassment remain valid for the livestock grazing season in which issued, provided the livestock operator complies with all applicable laws, including permit conditions. The agency shall inform harassment permit holders of non-lethal methods for minimizing wolf-livestock conflict and provide guidance upon request. Receiving future lethal control permits is contingent upon documentation of efforts to use non-lethal methods.

(4) Relocation. The Department may authorize relocation by state personnel when a wolf (or wolves) becomes inadvertently involved in a situation, or is present in an area, that could result in conflict with humans or harm to the wolf, provided that the Department has no reason to believe that the wolf actually attacked or killed livestock or pets. The relocation will be designed to prevent conflict with humans or reduce the possibility of harm to the wolf. The wolf (or wolves) would be relocated to suitable habitat at the direction of the Department.

(5) Lethal take of wolves in the act of biting, wounding, killing or chasing livestock or working dogs.

(a) A person, or an agent as described in paragraph (b), may lethally take a wolf on land the person owns or lawfully occupies only if:

(A) The wolf is caught in the act of

(i) Biting, wounding or killing livestock or working dogs; or

(ii) Chasing livestock or working dogs, if the person has first undertaken nonlethal actions as specified in 8(b)(C) and 8(c) of this rule, and the taking occurs during a time period in which the Department has determined a situation of chronic depredation exists; and

(B) No person has used bait or taken other intentional actions to attract wolves.

(b) A landowner or lawful occupant of land may authorize an agent to enter the land for the purpose of taking wolves pursuant to 5(a) on the landowner or occupant’s behalf. The authorization must be in writing, be carried by the agent when wolves are taken, and must include:

(A) The date of issuance of the authorization;

(B) The name, address, telephone number and signature of the person granting authorization;

(D) The expiration date of the authorization, which may not be later than one year from the issuance date.

(c) Any person who takes a wolf pursuant to 5(a) and 5(b) of these rules must make all reasonable efforts to preserve the scene, not remove or disturb the wolf carcass, and report the take to the Department within 24 hours.

(6) Lethal take to address chronic livestock depredation. The Department may authorize its personnel or authorized agents to use lethal force on a wolf or wolves it reasonably believes are responsible for chronic depredation upon livestock where each of the conditions in subsections (7) through (10) of this rule is satisfied. The Department shall limit lethal force to the wolf or wolves it deems necessary to address the chronic depredation situation

(7) Conditions for Lethal Take by the Department. The Department’s discretionary authority for use of lethal force pursuant to this rule may be exercised if the Department:

(a) Designates an Area of Known Wolf Activity, the boundary of which may be adjusted as new data or information become available;

(b) Upon the designation of an Area of Known Wolf Activity, coordinates in a timely manner with potentially affected livestock producers and other relevant interests to provide information on:

(A) The provisions of the Oregon Wolf Conservation & Management Plan and associated rules,

(B) The current state of knowledge of wolf behavior, management, and conservation,

(D) Non-lethal measures, incentives and available assistance aimed at minimizing conflicts between wolves and livestock or domestic animals in the Area of Known Wolf Activity;

(d) Within 14 working days of the Department’s confirmation of the first incident of depredation in an area:

(A) Designates an Area of Depredating Wolves, the boundary of which may be adjusted as new data or information become available;

(B) Concurrent with the designation of an Area of Depredating Wolves, prepares and publicly discloses an area-specific wolf-livestock conflict deterrence plan in coordination with potentially affected landowners, livestock producers and other relevant interests. The plan shall identify appropriate non-lethal measures according to which measures are likely to be most effective in a given circumstance, including the nature of the livestock operations, habitat, and landscape conditions specific to the area, as well as particular times of the year or period of livestock production. The plan shall be based on information compiled by the Department before and/or during the planning effort on potentially successful conflict deterrence techniques, scientific research, and available financial resources and/or partnerships that may aid in the successful implementation of the plan. The Department may update an area-specific conflict deterrence plan as new data become available.

(e) Confirms a total of at least 4 qualifying incidents of depredation of livestock within the previous 6 months by the same wolf or wolves.

(f) Issues and makes publicly available, prior to the exercise of lethal force, a written determination by the Department Director or director’s designee to use lethal force to address a specified situation of chronic depredation, along with supporting findings that:

(A) The conditions of Sections 7, 8, and 9 of this rule have been satisfied;

(B) Livestock producers in the Area of Depredating Wolves have worked to reduce wolf- livestock conflict and are in compliance with wolf protection laws and the conditions of any harassment or take permits.

(C) The situation of wolf depredation upon livestock in the Area of Depredating Wolves is likely to remain chronic despite the use of additional non-lethal conflict deterrence measures; and

(D) The wolf or wolves identified for removal are those the Department believes to be associated with the qualifying depredations, the removal of which the Department believes will decrease the risk of chronic depredation in the Area of Depredating Wolves.

(8) Qualifying Contingencies and Counting Incidents:

(a) An incident of depredation is a single event resulting in the injury or death of one or more lawfully present livestock that is reported to the Department for investigation, and upon investigation by the Department or its agent(s), the Department confirms to have been caused by a wolf or group of wolves.

(b) A qualifying incident of depredation is a confirmed incident of depredation for the purposes of this rule if:

(A) The depredation is outside of an Area of Known Wolf Activity or Area of Depredating Wolves. Only the first confirmed depredation by a wolf or wolves may count as a qualifying depredation,

(B) In an Area of Known Wolf Activity, the landowner or lawful occupant of the land where the depredation occurred had:

(i) At least seven days prior to the incident of depredation, removed, treated or disposed of all intentionally placed or known and reasonably accessible unnatural attractants of potential wolf-livestock conflict, such as bone or carcass piles or disposal sites, and

(ii) Prior to and on the day of the incident of depredation, been using at least one measure the Department deems most appropriate from non-lethal deterrence measures identified pursuant to section (7)(b)(D) to protect calving operations, nursing cattle, sheep operations, or other reasonably protectable situations, not including open range situations. Once a confirmed depredation has occurred in an Area of Known Wolf Activity and while the Department is in the process of designating an Area of Depredating Wolves and creating an area-specific conflict deterrence plan, only one additional confirmed depredation in an area may count as a qualifying depredation under this subsection.

(i) Complied with subsection (B) of this section, and

(ii) Prior to and on the day of the incident of depredation was implementing at least one non-lethal measure identified in the area-specific conflict deterrence plan developed under subsection (7)(d)(B) that is specific to the location, type of livestock operation, time of the year, and/or period of livestock production associated with the depredation. The conflict deterrence plan measure implemented by a landowner or lawful occupant must address wolf-livestock conflict in open range situations when that situation exists.

(c) Human presence, when used as a non-lethal measure under this rule, is presence which could reasonably be expected to deter wolf-livestock conflict under the circumstances and, regardless of the temporal requirements of sections 7(b)(B) and (C) of this rule, may be considered an appropriate non- lethal measure if it:

(A) Occurs at a proximate time prior to and in an area proximate to a confirmed depredation as determined by the Department, and

(B) Indicates a timely response to wolf location information in situations of potential wolf- livestock conflict.

(9) Transparency and Public Disclosure.

(a) Except as provided in section (c) below, prior to using lethal force to address chronic wolf depredation, and in a timely fashion, the Department shall document and make publicly available on at least its website:

(A) The determinations and supporting findings referenced in section (7)(f) of this rule;

(B) Information including but not limited to summaries of confirmed incidents of depredation and associated depredation investigation reports, maps of areas of known wolf activity and areas of depredating wolves, including changes and amendments to those maps, and area specific conflict deterrence plans; and

(C) Documentation of measures implemented pursuant to Section 8 of this rule. In documenting the removal of unnatural attractants and implementation of conflict deterrence measures, the Department may rely upon documented personal observation and/or written statements by the owner or lawful occupant of the land where qualifying incidents of depredation have occurred that confirm the non-lethal deterrence measures being utilized prior to and at the time of the qualifying depredation.

(b) In any signed statements and other information publicly disclosed pursuant to this section, the Department shall redact from public disclosure the personal information of landowners, lawful occupants, or other relevant individuals consistent with the Oregon public records law, ORS Chapter 192.

(c) In the case where the conditions in Section 7(f) of this rule have been met but strict compliance with the public disclosure requirements of this section cannot be accomplished without a delay that impedes the Department’s ability to pursue an immediately available opportunity to remove the wolf or wolves it reasonably believes responsible for chronic depredation prior to another depredation event on livestock, this section is deemed satisfied if, prior to the use of lethal force, the Department:

(A) Provides email or phone notification from the Department Director or designee to a list of interested stakeholders communicating the findings in Section 7(f) of this rule and the Department’s intent to pursue immediate lethal action based on those findings,

(B) Has previously documented and disclosed, on at least the agency’s website, the information referenced in subsections (a)(A)-(C) of this section with respect to all but the most recent qualifying depredation that resulted in the Department’s determination to pursue lethal action, and

(C) Provides the remaining information referenced in subsections (a)(A)-(C) of this rule in a timely manner with respect to the most recent qualifying incident that the Department pursues with immediate lethal action.

(10) Duration of chronic depredation lethal take authority. Take authority issued pursuant to subsection (7) expires:

(a) When the wolf or wolves identified for lethal removal have been removed by Department or any other party.

(b) The Department may reinstate its take authority if the Department confirms one additional qualifying incident of depredation within two months after the last confirmed qualifying depredation by what it believes to be a member or members of the same wolf pack and non-lethal efforts specified in Section 8 have continued to be implemented by the owner or lawful occupant of land where the additional depredation occurs;

(c) 45 days after issuance of the take authority and determination referenced in Section 7(f), unless the Department confirms, within that time period, another qualifying incident of depredation on livestock by what it believes to be the same wolf or wolves identified for lethal removal and non-lethal efforts specified in Section 8 have continued to be implemented by the owner or lawful occupant of land where the additional depredation occurs; or

(d) If the Department determines the wolf or wolves identified for lethal removal have left the Area of Depredating Wolves. To support this determination, data must show more than just a short-term or seasonal movement outside the area’s boundary.

(e) Except as allowed under subsections (b) and (c) of this Section, any subsequent authorization or reinstatement of take authority by the Department must comply with Sections 7 through 9 of this rule, and must be based upon at least one additional qualifying depredation.

(11) Lethal take in the case of extreme circumstances. Notwithstanding sections (7) and (8) of this rule, the Department may authorize the use of lethal force in extreme circumstances.

(a) Extreme circumstances means:

(A) Four or more confirmed incidents of depredation of livestock by what the Department reasonably believes to be the same wolf or wolves within seven days;

(B) The Department determines, based on evidence it makes publicly available, that there were no intentionally placed or known and reasonably accessible unnatural attractants such as bone or carcass piles or disposal sites that contributed to the incidents of depredation, and that non-lethal measures are and will likely remain ineffective; and

(C) The Department finds that depredation has rapidly escalated beyond the reasonable, available means of the Department and affected livestock owners to stop additional livestock losses from occurring.

(b) A decision to utilize lethal force authority due to extreme circumstances shall be made by the the Department director or director’s designee, accompanied by the findings and determinations required in section 11(a) made publically available on the Department’s website, and exercised within 14 days of the determination to exercise lethal force authority under this section, or of the last confirmed depredation, whichever comes later.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 498.012 & 498.014
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.006, 498.012 & 498.014
DFW 2-2014, f. & cert. ef. 1-14-14
DFW 76-2019, amend filed 06/17/2019, effective 06/17/2019
DFW 115-2013(Temp), f. & cert. ef. 10-1-13 thru 3-29-14
DFW 73-2013, f. & cert. ef. 7-12-13
DFW 42-2013(Temp), f. & cert. ef 5-23-13 thru 11-17-13
DFW 144-2010, f. & cert. ef. 10-11-10
DFW 92-2010(Temp), f. & cert. ef. 6-29-10 thru 12-25-10
DFW 12-2005, f. & cert. ef. 3-9-05

Or. Admin. R. 635-110-0020 Harassment and Take of Wolves During Phase II

(1) This rule describes factors and regulations related to harassment and take of wolves during Phase II of the Oregon Wolf Conservation and Management Plan.

(2) Non-injurious harassment of wolves is allowed under the same conditions as in Phase I (OAR 635-110-0010(2)).

(3) Non-lethal injurious harassment.

(a) Non-lethal injurious harassment conducted for the purpose of minimizing wolf-livestock conflict when livestock are present is allowed without a permit on private land by livestock producers (or their agents) on land they own or lawfully occupy. Livestock producers are encouraged to use non-injurious techniques first. There must be no identified circumstance that attracts wolf-livestock conflict, and the harassment must be reported to the Department within 48 hours.

(b) Non-lethal injurious harassment conducted for the purpose of minimizing wolf-livestock conflict when livestock are present is allowed by permit on public land by grazing permittees (or their agents) who are legally using public land under valid livestock grazing allotments and upon the following conditions:

(A) The Department confirms wolf depredation on livestock or other wolf-livestock conflict in the area;

(B) The applicant confers with the Department to determine the most effective harassment method(s);

(D) There is no identified circumstance which attracts wolf/livestock conflict; and

(E) The harassment is reported to the Department within 48 hours.

(4) Relocation of wolves will be considered under the same circumstances as in Phase I (OAR 635-110-0010(4)).

(5) Lethal take of wolves in the act of biting, wounding, killing or chasing livestock or working dogs.

(a) A person, or an agent as described in paragraph (b), may lethally take a wolf on land the person owns or lawfully occupies only if:

(A) The wolf is caught in the act of biting, wounding, killing or chasing livestock or working dogs; and

(B) No person has used bait or taken other intentional actions to attract wolves.

(A) The date of issuance of the authorization;

(B) The name, address, telephone number and signature of the person granting authorization;

(D) The expiration date of the authorization, which may not be later than one year from the issuance date.

(c) Any person who takes a wolf pursuant to 5(a) of these rules must make all reasonable efforts to preserve the scene, not remove or disturb the wolf carcass, and report the take to the Department within 24 hours.

(6) Lethal take to deal with chronic depredation.

(a) The Department may authorize its personnel, authorized agents, or Wildlife Services, to use lethal force on wolves if:

(A) The Department confirms two confirmed depredations by wolves on livestock in the area within a consecutive nine-month period; and

(B) Efforts to prevent or solve the situation through non-lethal means which are appropriate for the situation are documented by the livestock producer, grazing permittee, or representative; and

(D) Evidence does not exist of non-compliance with applicable laws, including any harassment or take permit conditions.

(b) Subject to the conditions specified in paragraph (c) and with a limited duration permit from the Department, the following persons may use lethal force to deal with chronic depredation:

(A) Livestock producers (or their agents) on land they own or lawfully occupy; or

(B) Grazing permittees (or their agents) legally using public land.

(A) The Department confirms that the area has had at least two confirmed depredations by wolves on livestock in the area within a consecutive nine-month period;

(B) The Department determines that wolves are a significant risk to livestock present in the area;

(D) The applicant is in compliance with applicable laws and the terms of any previous wolf permit;

(E) Efforts to prevent or solve the situation through non-lethal means which are appropriate for the situation are documented by livestock producer, grazing permittee, or representative; and

(F) Any wolf taken under this rule is property of the state and reported to the Department within 24 hours.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 498.012
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.006, 498.012 & 498.014
DFW 76-2019, amend filed 06/17/2019, effective 06/17/2019
DFW 2-2014, f. & cert. ef. 1-14-14
DFW 73-2013, f. & cert. ef. 7-12-13
DFW 42-2013(Temp), f. & cert. ef 5-23-13 thru 11-17-13
DFW 144-2010, f. & cert. ef. 10-11-10
DFW 12-2005, f. & cert. ef. 3-9-05

Or. Admin. R. 635-110-0030 Harassment and Take of Wolves During Phase III (Management)

(1) This rule describes the types of harassment and take of wolves during Phase III of the Oregon Wolf Conservation and Management Plan.

(2) Non-injurious harassment of wolves is allowed under the same conditions as in Phase I (OAR 635-110-0010(2)), except that the harassment does not have to be reported to the Department.

(3) Non-lethal injurious harassment is allowed under the same conditions as in Phase II (OAR 635-110-0020(3)), except that wolf depredation on livestock or other wolf-livestock conflict may be confirmed by either the Department or Wildlife Services.

(4) Relocation of wolves will be considered under the same circumstances as in Phase I (OAR 635-110-0010(4)).

(5) Lethal take of wolves in the act of biting, wounding, killing or chasing livestock or working dogs is allowed under the same conditions as for Phase II (OAR 635-110-0020(5))

(6) Lethal take of wolves to deal with chronic depredation is allowed under the same conditions as for Phase II (OAR 635-110-0020(6)), except wolf depredation on livestock may be confirmed by either the Department or Wildlife Services.

(7) The Commission may authorize controlled take of wolves by special permit in specified areas to address long term, recurring wolf-livestock conflict, ungulate population objectives, or herd management goals.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 498.012 & 498.014
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.006, 498.012 & 498.014
DFW 76-2019, amend filed 06/17/2019, effective 06/17/2019
DFW 2-2014, f. & cert. ef. 1-14-14
DFW 144-2010, f. & cert. ef. 10-11-10
DFW 12-2005, f. & cert. ef. 3-9-05

Division 120 WILDLIFE MANAGEMENT PLAN

Or. Admin. R. 635-120-0001 Bighorn Sheep and Rocky Mountain Goat Management Plan Content and Purpose

The document entitled "Oregon’s Bighorn Sheep and Rocky Mountain Goat Management Plan" dated December 2003 is incorporated by reference into these rules. Copies of the Plan are available through the Oregon Department of Fish and Wildlife. This document provides program direction, identifies objectives and strategies to fulfill management, research, habitat and status survey needs. It is also intended as an informational document to assist resource management agencies with their wildlife programs.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 497.112
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 497.112
DFW 14-2004, f. & cert. ef. 3-5-04
FWC 25-1992, f. 4-17-92, cert. ef. 4-21-92
FWC 74-1986, f. & ef. 11-20-86

Or. Admin. R. 635-120-0005 Program Objectives

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 497.112
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 497.112
DFW 14-2004, f. & cert. ef. 3-5-04
FWC 25-1992, f. 4-17-92, cert. ef. 4-21-92
FWC 74-1986, f. & ef. 11-20-86

Or. Admin. R. 635-120-0010 Plan Implementation

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
DFW 14-2004, f. & cert. ef. 3-5-04
FWC 74-1986, f. & ef. 11-20-86

Or. Admin. R. 635-120-0015 Authority of the Director

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
DFW 14-2004, f. & cert. ef. 3-5-04
FWC 74-1986, f. & ef. 11-20-86

Division 130 WILDLIFE MANAGEMENT PLAN MIGRATORY GAME BIRDS

Or. Admin. R. 635-130-0000 Migratory Game Bird Management Plan Content and Purpose

The Commission adopted the Migratory Game Bird Management Plan on October 20, 1993. This document provides program direction to the Department and identifies objectives and strategies to fulfill management, research, habitat, and status survey needs. It also serves as an informational document to assist other resource management agencies with their wildlife programs, and to network governmental and private programs dealing with migratory game bird management in Oregon.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 67-1993, f. & cert. ef. 10-26-93

Or. Admin. R. 635-130-0010 Program Mission

It is the mission of the Migratory Game Bird Management Plan to conserve, enhance, and restore populations and habitats of native migratory game birds and associated species at prescribed levels (as determined by national, state, and Pacific Flyway plans) throughout their natural geographic ranges in Oregon and the Pacific Flyway (Flyway) in order to contribute to Oregon’s wildlife diversity as well as the enjoyment of those resources.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 67-1993, f. & cert. ef. 10-26-93

Or. Admin. R. 635-130-0020 Program Policies

In order to implement the Migratory Game Bird Management Plan, the Director is authorized to enter into agreements with governmental and private entities for the purposes of fulfilling the mission and policies of this plan. It is the policy of the Commission to:

(1) Share the management responsibilities for migratory game birds with the federal government, primarily through the U.S. Fish and Wildlife Service. The Commission recognizes the authority and role of the federal government as provided by the Migratory Bird Treaty Act of 1918 and its amendments; however, it encourages the Department to cooperate in Flyway Management Programs such as biological surveys, habitat development and acquisition, research, species planning, and the establishment of funding sources to maintain prescribed management programs;

(2) Direct the Wildlife Division, through its Game Bird Program, to represent the state at all Flyway meetings and to implement Flyway management concepts and programs throughout the state. The Commission recognizes the Pacific Flyway Council and its technical committees as the primary decision-making bodies for the management of migratory game birds in the Flyway states, including Oregon. Because of the dynamics of these bird populations and due to shared interests in this international resource, the Commission recognizes the need for an ecosystem approach to migratory game bird management through Flyway programs;

(3) Direct the Department to furnish assistance for an interim period of seven days in the absence of immediate corrective actions on the part of responsible federal agencies in the case of recurring damage to private property. The Commission recognizes the U.S. Department of Agriculture has primary responsibility for the control of damage to private property caused by migratory game birds; therefore, the Department will, upon initial receipt of a damage complaint, notify the appropriate federal agency of the situation to request their action on the problem; and

(4) Prohibit the release of captive-reared waterfowl within the state for any purposes other than authorized dog training.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 67-1993, f. & cert. ef. 10-26-93

Or. Admin. R. 635-130-0030 Plan Strategies

Strategies to develop and implement the Oregon Migratory Game Bird Management Plan and Program include but are not limited to the following actions:

(1) Integrate state, federal, and local programs to coordinate biological surveys, research, and habitat development to obtain improved population information and to secure habitats for the benefit of migratory game birds and other associated wildlife species.

(2) Develop and implement the Migratory Game Bird Management Plan and Program through training and information exchange between Department personnel and public and private cooperators.

(3) Provide recreational, aesthetic, educational, and cultural benefits derived from migratory game birds, other associated wildlife species, and their habitats.

(4) Seek sufficient funds to accomplish programs consistent with the strategies outlined in this plan, and allocate those funds to programs based on management priorities.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 67-1993, f. & cert. ef. 10-26-93

Or. Admin. R. 635-130-0040 Plan Implementation

Actions to implement the Migratory Game Bird Management Plan and Program include but are not limited to the following:

(1) Establish a Migratory Game Bird Committee.

(2) Develop a Research Needs Program.

(3) Review management practices on state wildlife areas.

(4) Establish a Biological Surveys Program.

(5) Establish a Habitat Program.

(6) Develop a Department personnel training program.

(7) Develop a Disease Contingency Plan.

(8) Establish a Literature Review Program.

(9) Conduct damage policy review and update.

(10) Develop annual work plans for Department administrative units and personnel as outlined in the Migratory Game Bird Management Plan.

(11) Review Competitive Trials for Hunting Dogs rules (OAR chapter 635, division 046).

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 67-1993, f. & cert. ef. 10-26-93

Or. Admin. R. 635-130-0050 Five-Year Review

The Migratory Game Bird Management Plan will be updated and reviewed by the Commission every five years beginning in 1998.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 67-1993, f. & cert. ef. 10-26-93

Division 135 OREGON WILD TURKEY MANAGEMENT PLAN

Or. Admin. R. 635-135-0001 Oregon Wild Turkey Management Plan Content and Purpose

(1) The 2018 Oregon Wild Turkey Management Plan establishes state policy and direction for Oregon’s wild turkey management program. The 2018 Plan replaces previous plans. Section IV: Management Guidelines and Appendix I: Trap and Transplant Guidelines of the 2018 Plan are incorporated here by reference as administrative rule. Copies of the Plan are available at the Salem headquarters office of the Oregon Department of Fish and Wildlife, 4034 Fairview Industrial Drive SE, Salem, OR 97302. The 2018 Plan also serves as an informational and historical document for the Department.

(2) To the extent practicable, at least once every five years the Department shall review the Oregon Wild Turkey Management Plan and make recommendations to the Commission for any changes to the plan. Review of the plan should include incorporation of the best available science and should seek comments from scientific experts and the public.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 183-2018, amend filed 12/13/2018, effective 12/13/2018
DFW 85-2004, f. & cert. ef. 8-18-04

Division 140 GREATER SAGE-GROUSE CONSERVATION STRATEGY FOR OREGON

Or. Admin. R. 635-140-0000 Purpose

These administrative rules establish the policy of the Commission for the protection and enhancement of Greater Sage-Grouse in Oregon. The "Greater Sage-Grouse Conservation Assessment and Strategy for Oregon" (2025) (“the Strategy”) [sets population and habitat management objectives, and defines and governs the Department’s core area approach to conservation of sage-grouse in Oregon. Figure 4.1, “Oregon Sage-Grouse Core and Low-Density Habitat Map” (2023), and Section 9 (Summary and Recommendations) of the Strategy are incorporated here by reference into administrative rule. The “Oregon Sage-Grouse Core and Low-Density Habitat Map” (2023), is considered the best available science on Greater Sage-Grouse distribution, available habitat, and core area and low density areas. These rules also advance sage-grouse population and habitat protection through a mitigation hierarchy and the establishment of a mitigation standard for impacts from certain types of development actions in sage-grouse habitat. In the event of a conflict between the “Strategy” and these rules, these rules govern.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 498.500, 498.502 & 498.504
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.500, 498.502 & 498.504
DFW 90-2025, amend filed 09/18/2025, effective 09/18/2025
DFW 121-2023, amend filed 12/27/2023, effective 12/28/2023
DFW 123-2015, f. & cert. ef. 9-1-15
DFW 37-2011, f. & cert. ef. 5-4-11
DFW 94-2005, f. & cert. ef. 8-19-05

Or. Admin. R. 635-140-0002 Definitions

For the purposes of OAR 635-140-0000: Technical terms used in these sections are further defined in the glossary of the “Greater Sage-Grouse Conservation Assessment and Strategy for Oregon” (2025).

(1) “Areas of High Population Richness” are mapped areas of breeding and nesting habitat within core habitat that support the 75th percentile of breeding bird densities (i.e., the top 25%).

(2) “Core areas” are mapped sagebrush types or other habitats that support greater sage-grouse annual life history requirements that are encompassed by areas: a) of very high, high, and moderate lek density strata; b) where low lek density strata overlap local connectivity corridors; or c) where winter habitat use polygons overlap with either low lek density strata, connectivity corridors, or occupied habitat.” Core area maps are maintained by the Department.

(3) “Development action” means any human activity subject to regulation by local, state, or federal agencies that could result in the loss of sage-grouse habitat. Development actions may include but are not limited to, construction, and operational activities authorized or conducted by local, state, and federal agencies. Development actions also include subsequent re-permitting of existing activities proposing new impacts beyond current conditions.

(4) “Direct impact” means an adverse effect of a development action upon sage-grouse habitat which is proximal to the physical footprint of the development action in time and place.

(5) “Ecostates” are ecological states that express current rangeland vegetation composition, condition, and level of threat from invasive annual grasses, wildfire, and juniper encroachment based on the cover of key rangeland functional groups and the severity of threats present. These states are measured by remote sensing and assigned to a 30 meter square. The 8 ecostates include:

(6) “Functionality” is the ability of habitat to meet sage-grouse seasonal and/or year round life history needs (e.g. breeding, early rearing, wintering, migratory) and sustain sage-grouse populations.

(7) “General habitat” is occupied (seasonal or year-round) sage-grouse habitat outside core and low density habitats.

(8) “Indirect impacts” are adverse effects to sage-grouse and their habitat that are caused by or will ultimately result from implementation of a development action, with such effects usually occurring later in time or more removed in distance as compared to direct effects.

(9) “Low density” areas are mapped sagebrush types or other habitats that support greater sage-grouse that are encompassed by areas where: a) low lek density strata overlapped with seasonal connectivity corridors; b) local corridors occur outside of all lek density strata; c) low lek density strata occur outside of connectivity corridors; or d) seasonal connectivity corridors occur outside of all lek density strata.” Low density area maps are maintained by the Department.

(10) “Priority Areas for Conservation (PACs)” are key habitats identified by state sage-grouse conservation plans or through other sage-grouse conservation efforts (e.g., federal Bureau of Land Management plans or U.S. Fish and Wildlife Service efforts). In Oregon, core area habitats are PACs.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 498.500 & 498.502
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.500 & 498.502
DFW 90-2025, amend filed 09/18/2025, effective 09/18/2025
DFW 123-2015, f. & cert. ef. 9-1-15

Or. Admin. R. 635-140-0005 Population Management

In accordance with the Wildlife Policy (ORS 496.012), the Department’s primary population management goal is to restore, maintain and enhance populations of greater sage-grouse such that multiple uses of populations and their habitats can continue.

(1) Policy: Considering greater sage-grouse populations in Oregon oscillate over 6 to 12-year cycles, manage greater sage-grouse statewide to maintain or enhance their distribution and abundance oscillating around the 2003 spring breeding population level, approximately 53,000 birds, over the next 50 years.

(2) Objectives: Consistent with the population management policy, manage Oregon’s greater sage-grouse populations to maintain stable or increasing population trends statewide and at the PAC-scale. Population trends are assessed between nadirs (troughs) of the population cycles at the statewide and PAC-scales.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 90-2025, amend filed 09/18/2025, effective 09/18/2025
DFW 123-2015, f. & cert. ef. 9-1-15
DFW 37-2011, f. & cert. ef. 5-4-11
DFW 94-2005, f. & cert. ef. 8-19-05

Or. Admin. R. 635-140-0010 Habitat Management

(1) Goals: The Department’s habitat goals are to achieve the following, recognizing that such achievement is dependent upon authorities, programs, collaborative partnerships, and other factors beyond those within the Department’s authority alone:

(a) Maintain or enhance the distribution of sagebrush habitats within greater sage-grouse range in Oregon;

(b) Manage those habitats with a goal of protecting and growing ecostate A habitats to benefit greater sage-grouse while reducing or minimizing habitat threats and promoting resilience;

(c) Avoid development actions in sage-grouse core, low density, and general habitats which adversely impact sage-grouse habitat or sage-grouse use of those habitats;

(d) Limit the extent, location, and negative impacts of development actions over time within sage-grouse core, low density, and general habitats. In core areas, direct impact levels from development actions will be limited to no more than 3% of any “Priority Area for Conservation” and a rate not to exceed 1.0% over a ten - year period, as described in OAR 660 023 0115;

(e) Require compensatory mitigation for direct and indirect impacts from developments within sage-grouse core, low density, and general habitats. Ensure such mitigation provides a net conservation benefit to sage-grouse and their habitat by providing an increase in the functionality of their habitat to support sage-grouse, consistent with OAR 635-140-0025.

(2) Objective: Manage a minimum of 70% of greater sage-grouse range at the statewide and PAC-scale for sagebrush habitat in ecostates A (good condition shrubland), B (good condition grassland) and A-C (intermediate condition shrubland) and prioritize the protection and growth of these areas. The remaining approximately 30% includes areas of juniper encroachment, non-sagebrush shrub land, and grassland and should be managed to increase or maintain available habitat and facilitate connectivity within greater sage-grouse range.

(3) Objective: Manage sagebrush habitats to achieve a net conservation gain of intact sagebrush communities (ecostate A) and maintain stable or increasing amounts of sagebrush and perennial grassland habitats in ecostates A, B, and A-C, at the statewide and PAC-scale.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 90-2025, amend filed 09/18/2025, effective 09/18/2025
DFW 123-2015, f. & cert. ef. 9-1-15
DFW 37-2011, f. & cert. ef. 5-4-11
DFW 94-2005, f. & cert. ef. 8-19-05

Or. Admin. R. 635-140-0015 Core Area Approach to Conservation

The purpose of establishing the Department’s core area approach is to address greater sage-grouse management from a conservation biology perspective that identifies the most productive populations and habitats associated with meeting all life history needs related to ensuring sage-grouse viability in Oregon.

(1) Policy 1. The Department shall develop and maintain maps that identify core area habitats necessary to conserve 90% of Oregon’s greater sage-grouse population, with emphasis on highest density and important use areas which provide for breeding, wintering and connectivity corridors.

(2) Policy 2. The Department shall develop and maintain maps that identify low density habitat which provide breeding, summer, and migratory habitats of the Oregon statewide greater sage-grouse population.

(3) When developing, revising, or maintaining the maps referred to in paragraphs (a) and (b) the Department will use:

(a) Sage-Grouse Local Implementation Teams to evaluate the maps and refine exterior boundaries by use of aerial imagery and local knowledge of sage-grouse and sage-grouse habitat;

(b) Best available science to further understanding of greater sage-grouse life history and conservation needs; and

(c) County governing bodies, or their designees, to provide local knowledge and input regarding changes in local land use to be incorporated in the core area maps and any related mapping changes.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 90-2025, amend filed 09/18/2025, effective 09/18/2025
DFW 123-2015, f. & cert. ef. 9-1-15
DFW 37-2011, f. & cert. ef. 5-4-11

Or. Admin. R. 635-140-0025 Mitigation Hierarchy of Impacts in Sage-grouse Core, Low Density, and General Habitats

Adverse impacts in sage-grouse core, low density, and general habitat from development actions must be mitigated by the developer for both direct and indirect adverse impacts to sage-grouse and their habitats. When ascertaining direct and indirect adverse impacts from development actions, the Department will use the most current and best available science related to sage-grouse biology and habitat conservation, including the Greater Sage-Grouse Habitat Mitigation Program Operation and Administration Manual (ODFW, October 2019). Mitigation is comprised, in hierarchal order, of avoidance, minimization, and compensatory mitigation.

(1) Policy 1. Mitigation for direct and indirect impacts from development actions will be required where the proposed development action:

(a) Requires a county land use permit, is a large-scale development as defined in OAR 660-023-0115, and would impact core or low density habitat,

(b) Requires a county land use permit, is a large-scale development as defined in OAR 660-023-0115, and would impact general habitat within 3.1 miles of a lek in a manner that would reduce functional sage-grouse habitat or sage-grouse use of their habitat,

(c) Requires a county land use permit but is not a large scale development as defined in OAR 660-023-0115. In this case, through consultation with the development action proponent, the Department will determine:

(A) Whether to require mitigation based on the likelihood of adverse impacts from the proposed action in a manner that would reduce functional sage-grouse habitat or sage-grouse use of that habitat;

(i) Within 4 miles of a lek in core area habitat;

(ii) Within 3.1 miles of a lek in low density habitat; or

(iii) Within 3.1 miles of a lek in general habitat.

(B) If mitigation is required based on (1)(c)(A) above, the appropriate level of mitigation will be based on the nature of the impact upon habitat functionality and the resultant risk to sage-grouse.

(d) Is located in or would adversely impact sage-grouse habitat on public lands and requires state or federal approval not otherwise exempted in OAR 660-023-0115.

(2) Policy 2. The Department may approve or recommend approval of mitigation for impacts from a large-scale development permitted by a county; or development actions permitted by a state or federal government entity on public land, within sage-grouse habitat only after the following mitigation hierarchy has been addressed by the permitting entity, with the intent of directing the development action away from the most productive habitats and into the least productive areas for sage-grouse (in order of importance: core area, low density, general, and non-habitat).

(a) Avoidance in Core Area Habitat. If the proposed development can occur in another location that avoids both direct and indirect impacts within core habitat, then the proposal must not be allowed unless it can satisfy the following criteria:

(A) It is not technically feasible to locate the proposed development activity or its impacts outside of a core habitat area based on accepted engineering practices, regulatory standards or some combination thereof. Costs associated with technical feasibility may be considered, but cost alone may not be the only consideration in determining that the development must be located such that it will have direct or indirect impacts on sage-grouse core area habitat; or

(B) The proposed development is dependent on a unique geographic or other physical feature(s) that cannot be found on other lands; and

(C) If the proposal is for a large-scale development as defined in Oregon Land Conservation and Development OAR 660-023-0115 and either (2)(a)(A) or (2)(a)(B) is found to be satisfied, the permitting entity must also find that it will provide important economic opportunity, needed infrastructure or public safety benefits for local citizens or the entire region.

(b) Avoidance in Low Density Habitat. If the proposed development action can occur in another location that avoids both direct and indirect impacts within low density sage-grouse habitat, then the proposal must not be allowed unless it can satisfy the following criteria:

(A) It is not technically or financially feasible to locate the proposed use outside of low density sage-grouse habitat based on accepted engineering practices, regulatory standards, proximity to necessary infrastructure or some combination thereof; or

(B) The proposed development action is dependent on geographic or other physical feature(s) found in low density habitat areas that are less common at other locations.

(c) Avoidance in General Habitat. If the proposed development activity and its direct and indirect impacts are in general sage-grouse habitat (within 3.1 miles of a lek), then the permitting entity may allow the activity based on satisfaction of the following criteria:

(A) Consultation between the development proponent and the Department that generates recommendations pursuant to the approach identified in minimization subsection (d), and

(B) Incorporation by the project proponent of reasonable changes to the project proposal based on the above consultation with the Department, and/or justification as to why a given recommendation is not feasible.

(d) Minimization. If after exercising the above avoidance tests, the permitting entity finds the proposed development action cannot be moved to non-habitat or into a habitat category that avoids adverse direct and indirect impacts to a habitat category of greater significance (i.e., core or low density), then the next step applied in the mitigation hierarchy will be minimization of the direct and indirect impacts of the proposed development action. Minimization consists of how to best locate, construct, operate and time (both seasonally and diurnally) the development action so as to avoid or minimize direct and indirect impacts on important sage-grouse habitat and sage-grouse.

(A) Minimizing impacts from development actions in core habitat shall ensure direct and indirect impacts do not occur in known areas of high population richness within a given core area, unless a project proponent demonstrates, by a preponderance of the evidence, that such an approach is not feasible.

(B) Minimizing impacts from development actions in general habitat shall include consultation between the development proponent and the Department that considers and results in recommendations on how to best locate, construct, or operate the development action so as to avoid or minimize direct and indirect impacts on important sage-grouse habitat within the area of general habitat.

(e) Compensatory Mitigation. If avoidance and minimization efforts have been exhausted, compensatory mitigation to address both direct and indirect impacts will be required as part of the permitting process for remaining adverse impacts from the proposed development action to sage-grouse habitat, consistent with the mitigation standard in (3) Policy 3 below.

(3) Policy 3. The standard for compensatory mitigation of direct and indirect habitat impacts in sage-grouse habitat (core low density, and general areas) is to achieve net conservation benefit for sage-grouse by replacing the lost functionality of the impacted habitat to a level capable of supporting greater sage-grouse numbers than that of the habitat which was impacted. Where mitigation actions occur in existing sage-grouse habitat, the increased functionality must be in addition to any existing functionality of the habitat to support sage-grouse. When developing and implementing mitigation measures for impacts to core, low density, and general sage-grouse habitats, the project developers shall:

(a) Work directly with the Department and permitting entity to obtain approval to implement a mitigation plan or measures, at the responsibility of the developer, for mitigating impacts consistent with the standard in OAR 635-140-0025(3) or,

(b) Work with an entity approved by the Department to implement, at the responsibility of the developer, “in-lieu fee” projects consistent with the standard in OAR 635-140-0025(3).

(c) Any mitigation undertaken pursuant to (a) or (b) above must have in place measures to ensure the results of the mitigation activity will persist for the life of the original impact. The Department will engage in mitigation discussions related to development actions in a manner consistent with applicable timelines of permitting entities.

(4) Policy 4. The Department shall follow the Fish and Wildlife Habitat Mitigation Policy (OAR 635-415-0000) when defining habitat categories and providing recommendations to address potential site-level impacts to species other than greater sage-grouse that occur within sage-grouse core area habitat or sage-grouse low density habitat, except that if there is a resulting conflict between OAR 635-415-0000 and this rule, then this rule shall control.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 498.500, 498.502 & 498.504
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.500, 498.502 & 498.504
DFW 90-2025, amend filed 09/18/2025, effective 09/18/2025
DFW 123-2015, f. & cert. ef. 9-1-15

Division 160 WILDLIFE MANAGEMENT PLAN

Or. Admin. R. 635-160-0000 Elk Management Plan Content and Purpose

The document entitled "Oregon Elk Management Plan" dated February 2003 is incorporated by reference into these rules. Copies of the plan are available through the Department. The plan provides program direction, identifies objectives, and outlines strategies to fulfill management, research, and habitat needs. Together with the rules establishing elk seasons, this plan establishes the framework and the implementation of the Department's elk program. Notwithstanding the first paragraph on page 1 of the introduction of the Plan (which calls for review of the Elk Management Plan), the Commission will review the Plan when the Commission deems it necessary.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 496.164
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 496.164
DFW 38-2011, f. & cert. ef. 5-4-11
DFW 95-2005, f. & cert. ef. 8-19-05
DFW 13-2003, f. & cert. ef. 2-14-03
FWC 13-1995, f. & cert. ef. 2-15-95
FWC 62-1992, f. & cert. ef. 7-30-92

Or. Admin. R. 635-160-0010 Plan Objectives for Elk Management

The tables entitled “2016 Rocky Mt Elk Winter Population and Bull Ratio Management Objectives (MO)” and “2016 Roosevelt Elk Winter Population and Bull Ratio Management Objectives (MO)” are incorporated by reference as part of the Oregon Elk Management Plan.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 496.164
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 496.164
DFW 104-2016, f. & cert. ef. 8-9-16
DFW 13-2003, f. & cert. ef. 2-14-03
FWC 13-1995, f. & cert. ef. 2-15-95
FWC 62-1992, f. & cert. ef. 7-30-92

Or. Admin. R. 635-160-0020 Plan Implementation

Text available via filing PDF that is stored in ORMS

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 496.164
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 496.164
DFW 13-2003, f. & cert. ef. 2-14-03
FWC 13-1995, f. & cert. ef. 2-15-95
FWC 62-1992, f. & cert. ef. 7-30-92

Division 170 WILDLIFE MANAGEMENT PLAN

Or. Admin. R. 635-170-0000 Black Bear Management Plan

(1) The goal of black bear management is to manage black bear populations to attain the optimum balance among species protection, recreational uses, habitat availability, primary land uses, and other wildlife species.

(2) Objectives to accomplish this goal are to:

(a) Maintain healthy and optimum bear populations while providing optimum recreational benefits, and considering objectives related to other wildlife species and the level of human-bear conflicts.

(b) Work to reduce the number of human-bear conflicts that result in the removal (lethal and nonlethal) of bears.

(d) Continue to improve basic understanding of black bear management and ecology through applied research.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 59-2012, f. & cert. ef. 6-11-12

Or. Admin. R. 635-170-0001 Black Bear Management Plan Content and Purpose

(1) The Commission adopted the Black Bear Management Plan on July 17, 1987, and adopted the first revisions to the Plan on March 17, 1993. Copies of the Plan are available through the Oregon Department of Fish and Wildlife. This document provides program direction, and identifies objectives and strategies to fulfill management, research, habitat, and status survey needs. The Plan is also intended as an informational document to assist resource management agencies with their wildlife programs.

(2) To the extent practicable, at least once every five years the department shall review the black bear management plan and make recommendations to the Commission for any changes to the plan. Review of the plan should include incorporation of the best available science and should also seek comments from other scientific experts in Oregon and other western states.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 84-2013, f. & cert. ef. 8-5-13
FWC 25-1993, f. & cert. ef. 3-31-93
FWC 55-1987, f. & ef. 7-23-87

Or. Admin. R. 635-170-0005 Program Objectives

The objectives of the Black Bear Management Plan are:

(1) Recognize the black bear as an important part of Oregon’s fauna, valued by many Oregonians.

(2) Maintain healthy black bear populations within the state into the future.

(3) Conduct a management program that maintains healthy populations of black bear, and recognizes the desires of the public and the statutory obligations of the Department.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 25-1993, f. & cert. ef. 3-31-93
FWC 55-1987, f. & ef. 7-23-87

Or. Admin. R. 635-170-0010 Plan Implementation

Implementation of the Black Bear Management Plan entails the following actions:

(1) Obtain an annual return of teeth of 30 percent or more (averaged over two consecutive years) of the general season harvested black bear. A mandatory hunter check requirement will be initiated if the 30 percent goal is not reached.

(2) Provide personnel and fiscal resource availability permit, begin a black bear research project in western and/or eastern Oregon by 1998. The projects will be designed to assist with development of population estimates and measurement of population trends.

(3) Annual general harvest seasons will occur between the outside dates of August 1 and November 30, as long as the Plan’s harvest guidelines are met. If guidelines are not met, hunting restrictions will be employed as directed in the Plan.

(4) Continue damage control efforts with a variety of methods, including controlled hunts, emergency hunts, general seasons, U.S. Department of Agriculture Animal Damage Control personnel, landowners, and other private individuals.

(5) Evaluate the use of alternative methods to alleviate western Oregon tree damage.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
FWC 25-1993, f. & cert. ef. 3-31-93
FWC 55-1987, f. & ef. 7-23-87

Division 180 WILDLIFE MANAGEMENT PLAN

Or. Admin. R. 635-180-0001 Cougar Management Plan Content and Purpose

(1) The 2017 Oregon Cougar Management Plan establishes state policy and direction for Oregon’s cougar management program. The 2017 Plan replaces previous plans. Chapters III (Cougar Management Objectives), IV (Adaptive Management, Appendix B (Cougar Incident Response Guidelines), Appendix C (Captive Cougar Kitten Guidelines), Appendix I: (Glossary – Definition of Terms), and Appendix M (Process for Development and Selection of Cougar Target Areas) of that 2017 Plan are incorporated here by reference as administrative rule. Copies may be obtained at the Salem headquarters office of the Oregon Department of Fish and Wildlife, 4034 Fairview Industrial Drive SE, Salem, OR 97302. The 2017 Plan also serves as an informational and historical document for the Department.

(2 ) To the extent practicable, at least once every five years the department shall review the cougar management plan and make recommendations to the Commission for any changes to the plan. Review of the plan should include incorporation of the best available science and should also seek comments from other scientific experts in Oregon and other western states.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 133-2017, amend filed 10/17/2017, effective 10/17/2017
DFW 84-2013, f. & cert. ef. 8-5-13
DFW 38-2006, f. & cert. ef. 6-6-06
FWC 26-1993, f. & cert. ef. 3-31-93
FWC 108-1987, f. & ef. 12-28-87

Division 190 WILDLIFE MANAGEMENT PLAN

Or. Admin. R. 635-190-0000 Mule Deer Management Plan Content and Purpose

(1) The goal for mule deer management in Oregon is to manage mule deer using the best practices and information within the dynamics of changing landscapes and multiple land use practices to enhance recreational opportunities and public values.

(2) Objectives to accomplish this goal are to:

(a) Delineate herd ranges defining the year-round movements of unique mule deer herds as the basis for mule deer management across their range in eastern Oregon.

(b) Inform management decisions for mule deer using rigorous methods for monitoring populations while accounting for changing habitat conditions and other impacts to populations at the herd range scale.

(c) Maintain and enhance mule deer habitats in partnership with landowners and land managers such that overall conditions for mule deer are maintained or improved on summer use areas and winter ranges.

(d) Manage mule deer populations such that overall numbers are consistent with available habitat conditions while accounting for social tolerance and public attitudes towards mule deer.

(e) Manage harvest of mule deer at biologically sound levels.

(f) Provide for optimum consumptive and non-consumptive recreational uses of the resource.

(3) Chapter 13 (Issues and Strategies) of the 2024 Oregon Mule Deer Management Plan identifies issues facing mule deer and strategies to address these issues is incorporated here by reference into administrative rule.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 71-2024, amend filed 08/23/2024, effective 08/23/2024
DFW 104-2016, f. & cert. ef. 8-9-16
DFW 95-2005, f. & cert. ef. 8-19-05
DFW 13-2003, f. & cert. ef. 2-14-03
FWC 129-1990, f. & cert. ef. 12-24-90

Or. Admin. R. 635-190-0010 Plan Objectives for Mule Deer Management

The revised “2024 Mule Deer Population Management Objectives” (2026) and the revised “2024 Buck Ratio Management Objectives” (2026) function as a replacement to Table 1, “2024 Mule Deer Population Management Objectives” and Table 2, “2024 Buck Ratio Management Objectives” respectively, in Appendix 1 of the 2024 Oregon Mule Deer Management Plan and are incorporated here by reference into administrative rule.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 6-2026, amend filed 01/22/2026, effective 01/22/2026
DFW 71-2024, amend filed 08/23/2024, effective 08/23/2024
DFW 104-2016, f. & cert. ef. 8-9-16
DFW 13-2003, f. & cert. ef. 2-14-03
FWC 129-1990, f. & cert. ef. 12-24-90

Or. Admin. R. 635-190-0020 Plan Implementation

Reserve rule number

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
DFW 71-2024, amend filed 08/23/2024, effective 08/23/2024
DFW 13-2003, f. & cert. ef. 2-14-03
FWC 129-1990, f. & cert. ef. 12-24-90

Division 195 WILDLIFE MANAGEMENT PLAN

Or. Admin. R. 635-195-0000 Black-tailed Deer Management Plan

(1) The goal of black-tailed deer management is to manage black-tailed deer populations in Oregon to be consistent with both the available habitat of all lands of the state and the Oregon Conservation Strategy, compatible with primary land uses, and to provide optimum recreational benefits to the public.

(2) Objectives to accomplish this goal are to:

(a) Actively seek opportunities to work with all land owners and managers including Native American Tribes to restore, retain or develop black-tailed deer habitat.

(b) Increase cooperative efforts with private landowners to actively promote black-tailed deer habitat, considering, and remaining consistent with, primary uses of the land.

(c) Increase cooperative efforts with federal, state, and tribal land managers to actively promote creation, maintenance, enhancement, and restoration of black-tailed deer habitat.

(d) Manage black-tailed deer populations to attempt to achieve escapement (buck ratios) and populations at benchmark levels while collecting information over the next five years to develop Management Objectives.

(e) Enhance all recreational, consumptive, and cultural uses of the black-tailed deer resource.

(f) Provide timely response to property damage concerns.

(g) Identify key data needs and develop plans to promote and implement collaborative research projects.

History

Statutory/Other Authority: ORS 183 & 496
Statutes/Other Implemented: ORS 183 & 496
DFW 144-2008, f. & cert. ef. 11-24-08

Division 200 SALE, PURCHASE OR EXCHANGE OF WILDLIFE PARTS (EXCLUDING MARINE AND COMMERCIAL FISH, SHELLFISH AND MARINE INVERTEBRATES)

Or. Admin. R. 635-200-0000 Purpose and Applicability

(1) ORS 498.022 states that except as provided by rule adopted by the commission, no person may purchase, sell, or exchange, or offer to purchase, sell, or exchange any wildlife parts. The purpose of these rules is to provide in one division all rules allowing the sale, purchase, or exchange of wildlife parts.

(2) Each exception to the statutory prohibition applies only to the parts of lawfully taken animals. Unless otherwise specifically allowed by law, the sale, purchase, or exchange of the parts of any wildlife that was taken unlawfully continues to be prohibited. In the case of any enforcement action for violation of these rules, the burden of proving that the animal was taken lawfully is on the person who sells, purchases, or exchanges wildlife parts.

History

Statutory/Other Authority: ORS 96.012, 496.138, 496.146, 498.019, 498.022 & 498.042
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
DFW 96-1998, f. & cert. ef. 11-25-98

Or. Admin. R. 635-200-0010 Definitions

(1) Unless specifically stated otherwise in this rule, terms used in this division retain the meaning accorded them under other divisions of OAR chapter 635 and the governing statutes.

(2) “Bona fide scientific or educational institution means”:

(a) A career school granted authority to operate under ORS 341;

(b) A community college established under ORS chapter 345.010 to 345.450;

(d) The Oregon Health and Science University;

(e) A public high school;

(f) A public university listed in ORS 352.002;

(g) Any institution not otherwise listed in the subparagraph that is exempt from ORS 348.594 to 348.615 under ORS 348.597 (2); or a zoo or aquarium that is accredited under standards the equal or exceed the accreditation standards of the Association of Zoos and Aquariums in effect on the effective date of this 2017 Act.

(3) “Cervid” is defined in OAR 635-045-0002.

(4) “Covered animal species” means:

(a) Elephant – Elephantidae – All species

(b) Rhinoceros – Rhinocerotidae – All Species

(d) Tiger – Felidae – Panthera tigris

(e) Lion – Felidae – Panthera leo

(f) Leopard – Felidae – Panthera pardus, Neofelis diardi, Neofelis nebulosi, Uncia uncia

(g) Cheetah – Felidae – Acinonyx jubatus

(h) Jaguar – Felidae – Panthera onca

(i) Pangolin – Manidae – All species

(j) Marine and Leatherback turtles – Cheloniidae and Dermochelyidae – All Species

(k) Shark – all species – excluding spiny dogfish as defined in ORS 498.257(1), and excluding species obtained by an activity expressly authorized by federal law or an activity that involves a species that is subject to a federal management plan under Title III of P.L. 94-265 as amended (Magnuson-Steven Act).

(l) Ray – all species – excluding species obtained by an activity expressly authorized by federal law or an activity that involves a species that is subject to a federal management plan under Title III of P.L. 94-265 as amended (Magnuson-Stevens Act), and all species of skate (Rajiformes).

(5) “Covered animal species part or product” means any item that contains, or is wholly or partially made from, any covered animal species and does not include excrement.

(6) "Furtaker" means a holder of a furtaker's license or a hunting license for furbearers.

(7) "Furbearer" and "furbearing mammals" are defined in OAR 635-050-0050.

(8) "Processed" means a hide, pelt, or cape that has been:

(a) Permanently preserved through a process such as tanning, freeze-drying or converting to rawhide (but not including salting, drying or freezing); or

(b) Converted into a handcrafted item.

(9) “Person: means any individual, firm, partnership, joint venture, corporation, limited liability company, joint stock company, estate, trust, receiver, syndicate, association, or other legal entity.

(10) "Raw pelt" is defined in OAR 635-049-0005.

(11) "Road-killed" means struck and killed by a motor vehicle.

(12) “Total value” means either the fair market value or the actual price paid for a covered animal species part or product, whichever is greater.

(13) “Sale” or “sell” of covered animal species part or product means an act of selling, exchanging, trading, or bartering for monetary or non-monetary consideration, and includes any transfer of ownership that occurs in the course of a commercial transaction, but does not include a nonmonetary transfer of ownership by way of gift, donation, or bequest.

(14) "Unprocessed" means not processed, as defined in this rule.

(15) "Unprotected Mammals" is defined in OAR 635-050-0050.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
DFW 152-2017, amend filed 12/19/2017, effective 01/01/2018
DFW 90-2017(Temp), f. & cert. ef. 7-14-17 thru 12-31-17
DFW 96-1998, f. & cert. ef. 11-25-98

Or. Admin. R. 635-200-0020 Furbearing and Unprotected Mammals Generally

(1) Any person may sell, purchase or exchange the pelt, carcass or any part thereof, of any legally taken furbearing or unprotected mammal as allowed by OAR 635 division 50.

(2) Any person may purchase unprocessed furbearing or unprotected mammal pelts, provided that such pelts are purchased from the furtaker who took the furbearer and that the pelts are purchased for personal use and not for resale. For any furbearer pelt purchased under this section, the purchaser must retain a record of the furtaker's brand.

(3) Any licensed fur dealer may sell, purchase or exchange unprocessed furbearer pelts pursuant to OAR 635-200-0030.

(4) Any person may sell, purchase, or exchange unprocessed unprotected mammal pelts.

(5) Any person may sell, purchase, or exchange processed furbearing or unprotected mammal pelts, carcasses and parts thereof.

(6) A licensed furtaker may sell or exchange, and any person may purchase, road-killed furbearers or unprotected mammals, provided that:

(a) The road kill is taken by a licensed furtaker during an authorized season for hunting or trapping the species, and

(b) The sale is made by the licensed furtaker who took the road kill.

(7) No person may sell a bobcat (Lynx rufus) or river otter (Lutra canadensis) pelt without the appropriate year's ownership tag as required in OAR 635 division 050.

(8) No person may sell raw bobcat or river otter pelts taken before September 1, 1982 unless they were metal-sealed by the Oregon State Police or the department before that date as required in OAR 635 division 50.

(9) Any person may sell, purchase, or exchange the carcass or parts of black-tailed jackrabbits (Lepus californicus), white-tailed jackrabbits (Lepus townsendii) or any tree squirrel (except western gray squirrel (Sciurus griseus) or northern flying squirrel (Glaucomys sabrinus)), provided that the animal was lawfully taken and the carcass or parts were lawfully obtained outside Oregon, as documented by appropriate regulatory agency, business or other reliable records.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
DFW 73-2016, f. & cert. ef. 6-13-16
DFW 96-1998, f. & cert. ef. 11-25-98

Or. Admin. R. 635-200-0040 Certain Extant Furbearer and Other Species Lawfully Obtained Out of State

(1) Any person may purchase, sell, or exchange the carcass or parts of the following species, provided that the animal was lawfully taken and the carcass or parts were lawfully obtained outside Oregon, as documented by appropriate regulatory agency, business or other reliable records:

(a) Lynx (Lynx lynx);

(b) Wolverine (Gulo gulo);

(d) Fisher (Martes pennanti);

(e) Kit fox (Vulpes velox);

(f) Ringtail (Bassariscus astutus).

(2) For those of the above species that are subject to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the documentation required by this rule is the tag required by CITES for each individual raw pelt only as of November 1998.

History

Statutory/Other Authority: 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
Statutes/Other Implemented: 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
DFW 64-2014, f. & cert. ef. 6-11-14
DFW 96-1998, f. & cert. ef. 11-25-98

Or. Admin. R. 635-200-0050 Deer, Elk, and Antelope (Pronghorn)

(1) The provisions of this rule do not apply to carcasses or parts thereof from deer or elk salvaged pursuant to OAR 635-043-0175. No portion of deer or elk salvaged pursuant to OAR 635-043-0200 may be purchased, sold, or exchanged.

(2) Any person may purchase, sell, or exchange processed hides, hooves, dewclaws, sinews, or capes of deer (Odocoilius hemionus or O. virgininanus), elk (Cervus canadensis) or antelope (pronghorn) (Antilocapra americana).

(3) Any person may sell or exchange the unprocessed hides, hooves, dewclaws, sinews, or capes of a deer, elk, or antelope legally taken during an authorized hunting season.

(4) Any person may sell, purchase, or exchange any bone, elk ivory “buglers” or other part of the skeletal structure of a deer or elk, except the skull.

(5) Any person may sell or exchange lawfully taken antlers which are detached from the skull, skull is split apart between the antlers or naturally shed antlers to a licensed antler dealer for use only in manufacturing handcrafted items from parts of these antlers. Handcrafted items do not include complete sets of antlers or whole heads and antlers which are mounted for display or other purposes. Any person may purchase such lawfully manufactured handcrafted items.

(6) Except as provided in subsection 7, any person desiring to purchase or exchange unprocessed deer, elk, and antelope hides, hooves, dewclaws, or sinews must first secure a Hide Dealer Permit. Clients of a taxidermist do not need this permit when a taxidermist provides the hide for mounting a client's legally taken antler or horn.

(a) Any person desiring to purchase or exchange antlers for use in the manufacture of handcrafted items must first secure an Antler Dealers Permit. Antlers may not be purchased unless antlers are detached from the skull, the skull is split apart between antlers, or the antlers are naturally shed;

(b) Hide and Antler Dealer Permits may be obtained by applying to the Oregon Department of Fish and Wildlife.

(7) Any person may purchase the following for their personal use (not resale):

(a) Unprocessed deer, elk and antelope hides; and

(b) Deer and elk antlers (if detached from the skull, if skull is split apart between the antlers, or if naturally shed).

(8) Hide Dealer and Antler Dealer Permit shall cost $34.50 (plus a $2.00 license agent fee) and shall expire on December 31 of the year issued.

(9) At the time of purchase or exchange for unprocessed deer and elk hides and antlers, and for antelope hides, every dealer shall maintain a record. Such record shall:

(a) Include the date of the transaction, numbers and kinds of hides or antlers purchased or exchanged, and the name and address of the person from whom acquired;

(b) Be maintained at the business address of the hide dealer or antler dealer for a three-year period.

(10) Hide and antler dealer records are subject to inspection at any time by any State Police officer or Department of Fish and Wildlife representative.

(11) Any person may sell, purchase or exchange any bone or other part of the skeletal structure of pronghorn antelope, except the skull and horn sheaths.

History

Statutory/Other Authority: SB 247 (2015), ORS 496.012, ORS 496.138, ORS 496.146, ORS 498.019, ORS 498.022 & ORS 498.042
Statutes/Other Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 498.019, ORS 498.022 & ORS 498.042
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 59-2019, minor correction filed 05/13/2019, effective 05/13/2019
DFW 189-2018, amend filed 12/31/2018, effective 01/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
Reverted to DFW 96-1998, f. & cert. ef. 11-25-98
DFW 127-2002(Temp), f. & cert. ef. 11-14-02 thru 2-11-03
DFW 114-2002(Temp), f. & cert. ef. 10-18-02 thru 2-11-03
DFW 90-2002(Temp), f. & cert. ef. 8-16-02 thru 2-11-03
DFW 96-1998, f. & cert. ef. 11-25-98

Or. Admin. R. 635-200-0060 Fallow Deer, Reindeer, and Sika Deer

(1) Any person may sell, purchase or exchange the meat, antlers, or other parts of a fallow Deer (Dama dama), reindeer (Rangifer tarandus) or sika deer (Cervus nippon).

(2) Any person may sell, purchase or exchange the meat, antlers, or other parts of any other nonnative cervid.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
Reverted to DFW 96-1998, f. & cert. ef. 11-25-98
DFW 127-2002(Temp), f. & cert. ef. 11-14-02 thru 2-11-03
DFW 114-2002(Temp), f. & cert. ef. 10-18-02 thru 2-11-03
DFW 90-2002(Temp), f. & cert. ef. 8-16-02 thru 2-11-03
DFW 96-1998, f. & cert. ef. 11-25-98

Or. Admin. R. 635-200-0070 Moose

Any person may sell, purchase, or exchange the following parts of moose (Alces alces):

(1) The hide;

(2) Any bone or other part of the skeletal structure, except the skull; and

(3) Antlers (if detached from the skull, if skull is split apart between antlers or if antlers are naturally shed).

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
Reverted to DFW 96-1998, f. & cert. ef. 11-25-98
DFW 127-2002(Temp), f. & cert. ef. 11-14-02 thru 2-11-03
DFW 114-2002(Temp), f. & cert. ef. 10-18-02 thru 2-11-03
DFW 90-2002(Temp), f. & cert. ef. 8-16-02 thru 2-11-03
DFW 96-1998, f. & cert. ef. 11-25-98

Or. Admin. R. 635-200-0080 Wildlife Not Native to Oregon

(1) Except as provided in ORS 498.022 and this rule, any person may sell, purchase or exchange the parts of any species other than those species listed in Appendix 5 ("Extant, Self-Sustaining Oregon Vertebrates by Physiographic Provinces, Selected Community Types and Selected Habitat Components") of the Oregon Wildlife Diversity Plan 1993-1998 (November 1993).

(2) Any person may sell, purchase, or exchange the inedible parts of bullfrogs ( Rana catesbeiana ).

(3) The sale, purchase, or exchange of nonnative cervid parts is governed by section 60 of this rule.

(4) Except as provided in ORS 498.022, this rule, or other rules of the commission, no person may purchase, sell, offer for sale, or possess with the intent to sell any “covered animal species” part or product.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
DFW 152-2017, amend filed 12/19/2017, effective 01/01/2018
DFW 90-2017(Temp), f. & cert. ef. 7-14-17 thru 12-31-17
DFW 96-1998, f. & cert. ef. 11-25-98

Or. Admin. R. 635-200-0090 Sale of Meat

(1) Any person may sell or purchase food items prepared with the meat of game birds (except migratory waterfowl), game mammals or fish donated as part of:

(a) Fund raisers held by trapping, hunting or fishing organizations, or churches, schools and other nonprofit charitable organizations, provided that the wildlife was not taken under a damage control permit; or

(b) Charitable use by churches, schools and other nonprofit charitable organizations.

(2) The exception provided in subsection (1) does not allow the sale of raw meat.

(3) Any person may sell or purchase the meat and by-products of domesticated elk (as defined by ORS 174.106) raised pursuant to a cervid license issued by the Fish and Wildlife Commission, provided that:

(a) The slaughter and processing is conducted in an official exotic animal establishment inspected and certified by the U.S. Department of Agriculture; and

(b) The elk is slaughtered, processed and sold in compliance with the rules of the Oregon Department of Agriculture.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
DFW 39-2008, f. & cert. ef. 4-24-08
DFW 138-2007(Temp), f. & cert. ef. 12-31-07 thru 5-29-08
DFW 35-2002, f. & cert. ef. 4-18-02
DFW 96-1998, f. & cert. ef. 11-25-98

Or. Admin. R. 635-200-0100 Birds

(1) Concerning gallinaceous birds (pheasants, turkeys, quail, and grouse):

(a) Any person may sell, purchase or exchange the carcass, meat or parts of propagated birds; and

(b) Sell, purchase or exchange parts, but not the meat, of wild birds;

(c) This exception does not apply to the sale, purchase, or exchange of the parts or meat of wild sharptailed grouse (Tympanuchus phasianellus), sage grouse (Centrocercus urophasianus), and spruce grouse (Dendragapus canadensis).

(2) Any person may sell, purchase or exchange the feathers of migratory waterfowl (ducks, geese, brant and swans) to be used in making fishing flies, bed pillows and mattresses and similar commercial use, provided that:

(a) Such feathers were obtained from birds killed by lawful hunting or seized and condemned by Federal or State game authorities; and

(b) “Similar commercial use” does not include millinery or ornamental use.

(3) Any person may sell, purchase, or exchange the carcasses or parts of starlings (Sturnus vulgaris) and English Sparrows (Passer domesticus).

(4) Any person may sell, purchase or exchange the carcasses or parts of captive-reared waterfowl to the extent allowed by the rules of the U.S. Fish and Wildlife Service implementing the federal Migratory Bird Act, ORS 40 CFR (Code of Federal Regulations) 21.13 and 21.14 in effect as of November 1998.

(5) Any person may sell, purchase or exchange raptor “pellets,” regurgitated masses that typically contain bones, skulls, and teeth of prey (mammals, birds, reptiles, or amphibians).

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
DFW 96-1998, f. & cert. ef. 11-25-98

Or. Admin. R. 635-200-0110 Rendering

Any person may sell, purchase, or exchange the fats, oils, and similar end products of the process of rendering wildlife carcasses or parts.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
DFW 96-1998, f. & cert. ef. 11-25-98

Or. Admin. R. 635-200-0120 Taxidermy Mounts

(1) A game mammal taxidermy mount acquired from an Oregon resident 65 years of age or older and legally harvested by the same individual, or acquired from an Oregon decedent by survivorship or any form of succession, may be sold by the person 65 or older, or the decedent's survivor or successor, to any person, provided that the seller first obtains a registration permit from the department.

(2) A registration permit requires a $25.00 non-refundable permit administration fee which covers processing of up to five taxidermy mounts, and a processing fee of an additional $5.00 for each additional mounted game mammal.

(3) To obtain a permit if the seller acquired the mount(s) by survivorship or any form of succession, he or she must provide the department with:

(a) An Oregon death certificate for the decedent;

(b) For mounts of game mammals harvested before January 1, 2017, an affidavit by the seller stating that (to the best of the seller's knowledge) the decedent legally harvested the game mammal and describing how the seller legally acquired the mount by survivorship or succession; and

(c) For mounts of game mammals harvested on or after January 1, 2017, a properly validated tag which the decedent used to document legal harvest of the game mammal.

(4) To obtain a permit if the seller is an Oregon resident 65 years of age or older, he or she must provide the department with:

(a) For mounts of game mammals harvested before January 1, 2017, a properly validated tag issued to the seller, or an affidavit by the seller stating that the seller legally harvested the game mammal; and

(b) For mounts of game mammals harvested on or after January 1, 2017, a properly validated tag issued to the seller to document legal harvest of the game mammal.

(5) Upon compliance with the requirements of subsection (2), the department shall register the mount and affix a permanent identification number.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
Statutes/Other Implemented: : ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
DFW 73-2016, f. & cert. ef. 6-13-16
DFW 96-1998, f. & cert. ef. 11-25-98

Or. Admin. R. 635-200-0130 Sale, Purchase, or Exchange of Feathers

Any person may sell, purchase, or exchange lawfully obtained feathers of:

(1) Bird species other than those listed in Appendix 5 (“Extant, Self-sustaining Oregon Vertebrates by Physiographic Provinces, Selected Community Types and Selected Habitat Components” of the Oregon Wildlife Diversity Plan 1993–1998 — November 1993);

(2) Propagated and wild gallinaceous birds, except sharp-tailed grouse (Tympanuchus phasianellus), sage grouse (Centrocercus urophasianus), and spruce grouse (Dendragapus canadensis);

(3) Migratory waterfowl, for the making of fishing flies, bed pillows and mattresses, and similar commercial use, provided that such feathers were obtained from birds killed by lawful hunting or seized and condemned by federal or state game authorities.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042
DFW 96-1998, f. & cert. ef. 11-25-98

Or. Admin. R. 635-200-0135 Sale of Covered Animal Species

(1) Except as otherwise provided in ORS 498.022 or Subsection (2) of this section, a person may not purchase, sell, offer for sale, or possess with intent to sell any item that the person knows or should know is a covered animal species part or product. There is a presumption of possession with intent to sell a covered animal species part or product when the part or product is possessed by a retail or wholesale establishment or other forum engaged in the business of buying or selling of similar items. This rebuttable presumption does not preclude a finding of intent to sell based on any other evidence that may serve to independently establish such intent.

(2) Subsection (1) of this rule does not apply:

(a) To employees or agents of federal or state government undertaking any law enforcement activities pursuant to federal or state law or any mandatory duties required by federal or state law;

(b) When the activity is expressly authorized by federal law;

(c) When the activity involves a species that is subject to a federal management plan under Title III of P.L. 94-265 (16 U.S.C. 1851-1869), as amended; or

(d) When the activity is exempt under ORS 498.257(3) or 509.160(3);

(e) When the covered animal species part or product is a fixed component of an antique that is not made wholly or primarily of the covered animal species part or product, provided that the antique status is established by the owner or seller thereof with documentation evidencing provenance and showing the covered animal species part or product to be at least 100 years old as of July 1, 2017 and provided that the total weight of covered animal species part or product is less than 200 grams.

(f) When the covered animal species part or product is a fixed component of a musical instrument, including, but not limited to, string instruments and bows, wind and percussion instruments, and pianos; provided that the instrument was legally acquired and provided that the total weight of covered animal species part or product is less than 200 grams.

(g) To the noncommercial transfer of ownership of a covered animal species part or product to a legal beneficiary of estate, trust or other inheritance;

(h) To the possession of a covered animal species part or product by any enrolled member of a federally recognized Indian tribe; or

(i) To the sale of a covered animal species part or product by or to a bona fide scientific or educational institution when the sale is made pursuant to a written gift agreement or similar instrument entered into before July 1, 2017.

(3) The Department may permit the purchase, sale or donation of covered animal species parts or products for scientific or educational purposes by or to a bona fide scientific or educational institution as defined in ORS 498.022(h)(A); if

(a) The covered animal species part or product was legally acquired;

(b) The purchase, sale or donation is made pursuant to a written gift agreement or similar instrument on or ater July 1, 2017;

(d) The permit applicant submits documentation to the Department detailing the proposed transaction, including the type of covered animal species part or product to be purchased, sold or exchanged and the source of the covered animal species part or product; and

(e) The bona fide scientific or educational institution keeps, and provides to the Department, documentation from the transaction detailing the type of covered animal species part or product acquired and the source of the part or product.

(4) A person who sells, offers to sell, or possess with the intent to sell parts or products that closely resembles material from a covered animal species must, upon request by the Department, immediately provide proof that the material used for the part or product is not from a covered animal species.

History

Statutory/Other Authority: 496.012, 496.138, 496.146, 498.022, 498.026 & 506.025
Statutes/Other Implemented: 496.012, 496.138, 496.146, 498.022, 498.026 & 506.025
DFW 152-2017, adopt filed 12/19/2017, effective 01/01/2018
DFW 90-2017(Temp), f. & cert. ef. 7-14-17 thru 12-31-17

Or. Admin. R. 635-200-0140 Confiscation, Disposal, or Cancellation or Non-Renewal of Authorization to Possess Parts or Products from Covered Animal Species

(1) Each violation of ORS 498.022(2) may result in confiscation or required disposal of the covered animal species part or product as directed by the Department, and imposition of a civil penalty not to exceed $6,500 or an amount equal to two times the total value of the covered animal species part or product, whichever is higher.

(2) The Department shall provide notice of its intent to confiscate or require disposal of a covered animal species part or product and of its intent to impose a civil penalty in the form provided in ORS 183.415.

(3) The person to whom the notice is addressed shall have 20 days from the date of service of the notice in which to make written application for a contested case hearing. If no application for a hearing is made within the time allowed, the Department may issue a final order.

(4) Final orders will be issued by the Director.

(5) Any civil penalty imposed pursuant to ORS 498.022 and this rule shall be payable to the Department.

History

Statutory/Other Authority: 496.012, 496.138, 496.146, 496.675, 497.238, 497.308, 497.318 & 496.665
Statutes/Other Implemented: 496.012, 496.138, 496.146, 496.675, 497.238, 497.308, 497.318 & 496.665
DFW 152-2017, adopt filed 12/19/2017, effective 01/01/2018
DFW 90-2017(Temp), f. & cert. ef. 7-14-17 thru 12-31-17

Division 300 WILDLIFE DAMAGE PLANS

Or. Admin. R. 635-300-0001 Elkhorn Wildlife Area Program

(1) The Commission approves the preferred alternative "A” identified in the Public Review Draft of the Elkhorn Wildlife Area program distributed on May 20, 1986. Approval of this alternative authorizes Department purchase, easement or lease of private properties in order to continue operation of the existing Elkhorn Wildlife Area Program. The Commission also approves documentation presented in the Public Review Draft of the Elkhorn Wildlife Area program and documents attached thereto and the July 7, 1986 Statewide Goal Compliance and Local Land Use Plan Compatibility Report issued by and available from the Department of Fish and Wildlife at its Salem headquarters office.

(2) The Commission finds that:

(a) Continuation of the current Elkhorn Wildlife Area program will reduce big game damage to agricultural and forest uses by providing alternative feed sources at specific locations under controlled and timely circumstances;

(b) The program will enable numbers of big game to be maintained at a level providing optimal hunting and other recreational opportunities;

(c) Equitable and orderly enjoyment of wildlife will be enhanced by the public access to be made available on the lands or interest therein acquired for the feeding program; and

(d) The benefits of continuing the existing program exceed costs of reducing or discontinuing the program by assuring the economic contribution of recreational hunting to the state and local economy while reducing or eliminating big game damage.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
FWC 44-1986, f. & ef. 8-19-86

Or. Admin. R. 635-300-0005 Goals and Objectives

The goals and objectives of the Elkhorn Wildlife Area Program are:

(1) To mitigate the loss of traditional big game winter range areas along the north, west and south portions of the Powder River Valley through habitat management and a supplemental feeding program.

(2) To provide supplemental or subsistence feed for wintering elk and deer to alleviate damage to private lands.

(3) To provide habitat for big game animals and other wildlife indigenous to the area.

(4) To provide hunting and other wildlife oriented recreation opportunities for the general public.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
FWC 44-1986, f. & ef. 8-19-86

Or. Admin. R. 635-300-0010 Implementation of Policies

Implementation of the Elkhorn Wildlife Area Program entails the following actions:

(1) Purchase, easement or long-term lease of the five privately owned sites presently used for feeding or comparable sites in the same vicinity. Purchases of the Roth property at Hunt Mountain and the Alpine Veneer property at Muddy Creek shall receive immediate priority.

(2) Maintain habitat developments and damage control activities at levels necessary to complement the feeding program to assure damage is controlled to the maximum extent possible.

(3) Limit the number of wintering elk fed to a maximum of 1,400 elk in the Elkhorn region in order to continue and maintain the current operation. The number of deer to be fed is not specifically limited.

(4) The Elkhorn region is defined as that area east of the crest of the Elkhorn Mountains, west of Interstate 84, north of Township 11 South, W.M. and south of Township 4 South, W.M. The Elkhorn Wildlife Area is defined as the areas in that region owned by, leased to or under easement to the Department where specific site(s) are used for feeding.

(5) Annually test big game animals to determine whether disease problems exist at feeding stations.

(6) Develop and submit, for approval by Baker and/or Union Counties, those applications that may be required by each county’s respective acknowledged land use plan and zoning ordinance to allow big game feeding stations. Applications will address the specific local land use approval standards acknowledged by the Land Conservation and Development Commission. Such standards may include but may not be limited to: Anticipated or needed programs for green forage; need for elk proof fencing; the location of roads and barns; etc.

(7) The Elkhorn Wildlife Area Plan shall specifically accept and address future programs approved by the Fish and Wildlife Commission (including those recommended by the Wildlife Damage Task Force) that reduce or alleviate game damage at any season.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
FWC 44-1986, f. & ef. 8-19-86

Or. Admin. R. 635-300-0015 Delegation of Authority

The Director is specifically authorized to approve purchase, easement or long-term lease of properties from willing sellers for amounts not less than the fair market value and not more than the fair market value plus ten percent based on a current appraisal made pursuant to applicable federal law. (Public Law 91-646, Uniform Relocation and Real Property Acquisition Act, Final Rules, Federal Register Vol. 51 No. 39; page 7026 dated February 27, 1986 Subpart B (Real Property Acquisition) S. 102(d) Establishment and Offer of Just Compensation and (i) Administrative Settlement.)

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
FWC 44-1986, f. & ef. 8-19-86

Division 400 INSTREAM WATER RIGHT RULES

Or. Admin. R. 635-400-0000 Purpose

(1) These rules set the policy, procedures, criteria, standards, including flow methodologies, and definitions for instream water right applications by the Department of Fish and Wildlife to the Water Resources Department. Instream water rights provide for protection of public uses as defined in OAR 635-400-0010. These rules provide for the Department of Fish and Wildlife to apply for instream water rights for the conservation, maintenance and enhancement of aquatic and fish life, wildlife, and fish and wildlife habitat. The rules set out: the internal procedures for application for and coordination of instream water rights, the criteria and standards for prioritizing waterways for application, the methodologies to be used in determining flow requirements and water surface elevations needed for the public uses, and the process assisting with transfers of regular water rights to instream water rights.

(2) In 1987, the Legislature created a new type of water right called an instream water right. Instream water rights are established by certificate from the Water Resources Commission, pursuant to ORS 537.332 to 537.360, to maintain and support public uses within natural water bodies. The instream water right is held in trust by the Water Resources Department but is regulated and enforced like all other water rights. The Water Resources Department’s procedures for establishing instream water rights are OAR 690-077-0000 through 690-077-0100. The Department of Fish and Wildlife may apply for instream water rights on any waters of the state that meet the definition set out in ORS 537.332(1) and that provide for one or more of the public uses for which the Department is allowed to apply. Instream water rights allow the Department of Fish and Wildlife to manage fish and wildlife to provide the optimum recreational and aesthetic benefits for present and future generations of the citizens of this state.

History

Statutory/Other Authority: ORS 496 & 537
Statutes/Other Implemented: ORS 496 & 537
FWC 110-1989, f. 10-24-89, cert. ef. 10-28-89

Or. Admin. R. 635-400-0005 Policy

It is the policy of the Oregon Fish and Wildlife Commission to apply for instream water rights on waterways of the state to conserve, maintain and enhance aquatic and fish life, wildlife, and fish and wildlife habitat to provide optimum recreational and aesthetic benefits for present and future generations of the citizens of this state. The long-term goal of this policy shall be to obtain an instream water right on every waterway exhibiting fish and wildlife values.

History

Statutory/Other Authority: ORS 496 & 537
Statutes/Other Implemented: ORS 496 & 537
FWC 110-1989, f. 10-24-89, cert. ef. 10-28-89

Or. Admin. R. 635-400-0010 Definitions

As used in these rules:

(1) “Application” means an official instream water right application developed by the Water Resources Department.

(2) “Commission” means the Fish and Wildlife Commission.

(3) “Department” means the Department of Fish and Wildlife.

(4) “Deputy Director” means the deputy director of the Department.

(5) “DEQ” means the Department of Environmental Quality.

(6) “Director” means the director of the Department of Fish and Wildlife.

(7) “Environmental Basin Investigation Reports” means reports on instream flow studies conducted by the OSGC between the mid-1960s and the mid-1970s.

(8) “Forest Service Method” means a methodology developed by the Pacific Northwest Region, USDA Forest Service, to determine instream flow requirements of salmonids (Swank, G. W. and Phillips, R.W. 1976. Instream flow methodology for the Forest Service in the Pacific Northwest Region, pp 334–343. In Proceedings of Symposium and Special Conference on Instream Flow Needs, Orsborn, J.F. and O.H. Allman, eds. Vol. II, American Fisheries Society, Bethesda, Maryland).

(9) “Held in Trust by the Water Resources Department,” as defined in OAR 690-077-0010(8), means that the water right must be enforced and protected for the public uses listed in the water right. Actions by the Water Resources Department affecting instream water rights are limited by public trust obligations.

(10) “IFIM” means Instream Flow Incremental Methodology, a methodology to determine instream flows for fish and other aquatic life, developed by the U.S. Fish and Wildlife Service (Bovee, K.D. 1982. A guide to stream habitat analysis using the instream flow incremental methodology. Information Paper No. 12, U.S. Fish and Wildlife Service, FWS/OBS-82-26, Fort Collins, CO).

(11) “Instream Flow Requirement” means the amount of water required for aquatic and fish life, wildlife or fish and wildlife habitat. This requirement may be quantified as an amount of flow, such as in a stream or river, or a water surface elevation in a standing waterway.

(12) “Instream Water Right,” as defined in ORS 537.332(2), means a water right held in trust by the Water Resources Department for the benefit of the people of the State of Oregon to maintain water in stream for public use. An instream water right does not require a diversion or any other means of physical control over the water.

(13) “Oneflow Method” means a methodology to determine instream flow requirements for salmonid spawning areas based on the mean width, depth and velocity of water in a stream channel at one measure flow (Sams, R.E. and L.S. Pearson, 1963. A study to develop methods for determining spawning flows for anadromous salmonids. Unpublished report, Oregon Fish Commission, Portland, Oregon. 56 pp.).

(14) “Oregon Method” means a methodology to determine instream flow requirements for fish, developed by the OSGC (Thompson, K.E. 1972). Determining streamflows for fish life. pp. 31–50. In Proceedings of the Instream Flow Requirement Workshop, Pacific N.W. River Basins Commission, Portland, Ore.

(15) “OSGC” means Oregon State Game Commission (a predecessor to the Department).

(16) “Parks” means the Parks and Recreation Division of the Department of Transportation.

(17) “Public Use” as defined in ORS 537.332(4), includes but is not limited to:

(a) Recreation;

(b) Conservation, maintenance and enhance-ment of aquatic and fish life, wildlife, fish and wildlife habitat and any other ecological values;

(d) Navigation.

(18) “State Sensitive and State or Federally Listed Threatened or Endangered Species” means those species defined in ORS 496.004 and OAR 635-100-0001 and determined through ORS 496.172 through 496.176 or through the federal process.

(19) “Stream order” means a widely accepted system of classifying streams. First order streams have no tributaries and are often called headwater streams. When two first order streams meet they form a second order stream. the joining of two second order streams form a third order stream and so on. When two streams of the same order meet the next higher order is formed.

(20) “Waterway” means a stream, lake or place where water naturally occurs.

(21) “WRD” means the Water Resources Department.

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

History

Statutory/Other Authority: ORS 496 & 537
Statutes/Other Implemented: ORS 496 & 537
FWC 110-1989, f. 10-24-89, cert. ef. 10-28-89

Or. Admin. R. 635-400-0015 Determination of Instream Flow Measurement Methodologies

(1) Instream flow requirements requested in Department instream water right applications shall be based on the methodologies and standards in this section.

(2) Discussion of and guidelines for implementing the rules in this section are provided in the Oregon Department of Fish and Wildlife Guidelines for Instream Flow Methodologies (1989).

(3) Habitat requirements for conservation, maintenance or enhancement of fish and wildlife migration, spawning, nesting brooding, egg incubation, larval or juvenile development, juvenile and adult rearing and aquatic life shall all be considered when developing an instream flow requirement.

(4) Fish and wildlife species plans, basin and subbasin plans, management objectives, statutes, administrative rules and commission polices shall be used to assist in determining the required instream flows for conserving, maintaining or enhancing fish or wildlife habitat or populations.

(5) Instream flow requirements shall be defined by either month or half-month intervals, depending on the temporal duration of particular fish and wildlife life stages.

(6) The instream flow requirement shall be based on habitat criteria recommended by one of the following technical sources:

(a) IFIM habitat suitability curves published in a series of technical reports by the U.S. Fish and Wildlife Service;

(b) The Oregon Method;

(7) An instream flow requirement shall be specified as a quantity of water or water surface elevation as determined by the methodologies in this section and dependent upon other habitat factors, fish or wildlife species plans, basin or subbasin plans, management objectives or other commission policies for the waterway.

(8)(a) The instream flow requirement for any specified period shall be no less than the highest instream flow or water surface elevation required by any of the fish or wildlife species of management interest during that period;

(b) Fish and wildlife species of management interest shall be determined by fish and wildlife species plans, basin and subbasin plans, management objectives, statutes, administrative rules and commission policies.

(9) Site-specific studies may be needed to determine flows necessary for flushing of sediment deposits, gravel recruitment, stimulating upstream migration of fish species, maintaining passage for fish migration or other specific requirements.

(10)(a) If hydrological estimates or gaging data can be obtained, the instream flow requirements shall be compared against the range of naturally occurring stream flows or water surface elevations;

(b) Instream flow requirements greater than 70 percent or less than 30 percent of the naturally occurring stream flows or water surface elevations for any given time period shall be evaluated for appropriateness of the requirement in relation to naturally occurring stream flows or water surface elevations.

(11) An instream flow requirement shall be specific to a stream reach or a particular standing body of water:

(a) The length of stream reach shall be determined according to biological and hydrological factors;

(b) A stream reach shall extend from the upstream end to a downstream point where either:

(A) Species use of the stream changes;

(B) Streamflow diminishes by at least 30%; or

(12) Whenever possible, actual measurements of stream flow or water surface elevation shall be made at or near the required instream flows or water surface elevations. Preferably these measurements shall be made at times when the waterway is occupied by the fish or wildlife life stages to be protected.

(13)(a) Instream flow requirements in the OSGC Environmental Basin Investigation Reports shall be used to apply for instream water rights for waterways listed in the reports;

(b) If the physical conditions of the waterway have changed since the instream flow requirements were established, such as construction of a dam, reservoir or major channel changes, one of the methods in section (14) of this rule shall be used to determine the instream flow requirements.

(14) The acceptable methodologies for determining new instream flow requirements for aquatic and fish life, wildlife and their habitats shall be the following:

(a) On large lower reaches of main stem rivers, instream flow requirements shall be determined through an IFIM study by an interagency interdisciplinary team drawn from specialists in hydrology, water quality, water resources planning, fish and wildlife biology, limnology, recreational planning and any other related filed. Besides fish and wildlife biology, three or more of the above specialties may be represented on a team;

(b) On principal tributaries to main stem rivers, either the IFIM or the Oregon Method shall be used;

(A) The IFIM shall be used before the Oregon Method if Department resources are available;

(B) The Oneflow Method may be used only when there is not enough time to conduct the IFIM or Oregon Method. Optimum spawning discharge shall be estimated using this technique. Corresponding incubation, rearing and migration instream flows shall be based on OSGC or Department streamflow requirement conversion factors;

(C) Instream flow requirements estimated through use of the Oneflow Method and conversion factors shall be verified through measurement of actual streamflows during the next spawning season and next low flow rearing conditions.

(d) Minor tributaries are second or third order streams and may include headwater streams, minor direct tributaries to the ocean, estuaries or main stem rivers:

(A) Instream flow requirements may be determined by either direct measurement of flow or surface water elevation during each critical fish or wildlife life history stage or by IFIM, Oregon Method or Oneflow Method;

(B) Direct measurement may be used to determine lake, pond or wetland water surface elevations or volumes needed to maintain fish, wildlife or their habitats.

History

Statutory/Other Authority: ORS 496 & 537
Statutes/Other Implemented: ORS 496 & 537
FWC 110-1989, f. 10-24-89, cert. ef. 10-28-89

Or. Admin. R. 635-400-0020 Standards for Selection of Streams or Stream Reaches for Instream Water Right Applications

When applying for instream water rights the Department shall use the following resources and standards for prioritizing waterways:

(1) Fish and wildlife species plans, basin and subbasin plans, management objectives, statutes, administrative rules and Commission policies shall be used to determine the waterway priority for applying for instream water rights.

(2) Highest priority waterways for instream water right applications shall have one or more of the following conditions existing at the time of application:

(a) State or federal sensitive, threatened or endangered fish or wildlife species, or important populations of native resident or anadromous fish, as defined by fish species plans, basin and subbasin plans, management objectives, other Commission policies, statutes, administrative rules, treaties or other legal agreements;

(b) Important populations of native wildlife species, as defined by wildlife species plans, management objectives, other Commission policies, statutes, administrative rules, treaties or other legal agreements;

(c) Court, Legislature or Commission mandated priorities, including all protected areas as defined by the Northwest Power Planning Council’s protected area designations as adopted in August 1988;

(d) State Scenic Waterways or Federal Wild and Scenic Rivers;

(e) One of the conditions in subsections (2)(a) through (d) of this rule exists and a potential threat to the fish or wildlife resource is identified, including the threat to aquatic and fish life, wildlife and fish and wildlife habitat by cumulative impacts from out-of-stream uses of water.

(3) An instream water right application may also be requested to conserve, maintain or enhance one or more of the following fish or wildlife habitats or functions of a waterway by protecting instream flows or water surface elevations that provide for:

(a) Passage of adult or juvenile fish;

(b) Access to important spawning or rearing areas;

(d) Protection of incubating fish eggs and alevins;

(e) Flushing stream systems of sediment and for gravel transport and recruitment;

(f) Populations of aquatic organisms and other aquatic life to provide sufficient food for fish and wildlife;

(g) Breeding or wintering migratory bird habitat, furbearing mammal habitat, and other wildlife habitats;

(h) Maintenance of riparian and wetland habitats;

(i) Water quality for fish or wildlife, including, but not limited to, factors such as limiting or diluting sediment loads, maintaining correct water temperature and increasing dissolved oxygen levels;

(j) Protection of inflow to standing water and to maintain lake, wetland and other standing water surface elevations;

(k) Protection of habitat improvement investments and potential sites for habitat improvements;

(l) Special habitat features within and adjacent to the waterway which may be critical to fish or wildlife species life cycles;

(m) The fish and wildlife values for which a state Scenic Waterway of federal Wild and Scenic River was established.

(4) The Department shall conserve, maintain or enhance angling, hunting and nonconsumptive recreational uses of fish and wildlife by requesting instream water right applications through Parks (see OAR 635-400-0040).

History

Statutory/Other Authority: ORS 496 & 537
Statutes/Other Implemented: ORS 496 & 537
FWC 110-1989, f. 10-24-89, cert. ef. 10-28-89

Or. Admin. R. 635-400-0025 Responsibilities to WRD

The Department shall coordinate with WRD on prioritizing instream water rights for monitoring of flows:

(1) The Department shall coordinate with WRD Watermasters to develop monitoring plans for instream water rights. Monitoring plans may include:

(a) Locations and methods of instream flow measurement. The downstream end of each instream water right reach shall be considered the best flow measurement location, unless conditions do not allow measurement at this location;

(b) Use of volunteers and Department personnel to conduct monitoring;

(d) A system for reporting and enforcing violations of instream water rights.

(2) The Department shall work with WRD to revise the existing Memorandum of Understanding between the Department and WRD to include issues related to instream water rights, such as measuring, monitoring and enforcement of instream water rights.

History

Statutory/Other Authority: ORS 496 & 537
Statutes/Other Implemented: ORS 496 & 537
FWC 110-1989, f. 10-24-89, cert. ef. 10-28-89

Or. Admin. R. 635-400-0030 Internal Process for Instream Water Right Application

(1) Instream water right requests shall be initiated by Department Field Operations staff or Fish, Wildlife or Habitat Conservation Division staff. The Commission, Director or Deputy Director, may also initiate instream water right requests:

(a) Department staff shall submit completed draft instream water right applications to the Department Instream Water Right Coordinator:

(A) Prior to sending the draft applications to the Department Instream Water Right Coordinator, the draft instream water right applications shall be reviewed within seven working days by the Department Regional Supervisor or Assistant Regional Supervisor for consistency with regional direction and other Commission policies. A response shall be sent within the same seven day time frame by the Department Regional Supervisor or Assistant Regional Supervisor to the Department person originating the request. The response shall either approve or deny the request for an instream water right application;

(B) Draft applications may be hand-written or typed, and shall contain all information required on he application, as set forth in OAR 690-077-0020;

(D) Draft instream water right applications submitted to the Department Instream Water Right Coordinator shall be based on the priorities set out in OAR 635-400-0020. However, a lower-priority waterway with readily available flow or water surface elevation information may be submitted before a higher-priority waterway having no available flow or water surface elevation information.

(b) Within 30 days the Department Instream Water Right Coordinator shall review the draft applications and send approved draft applications to Department Fish, Wildlife, and Habitat conservation Division representatives for review and to DEQ and Parks as set forth in OAR 690-077-0020(2):

(A) Draft applications needing more information or corrections prior to review by Department Divisions and Coordination with agencies may be sent back to the initiator of the application;

(B) Review and response by Department Divisions shall not exceed 30 days from the date the review was requested;

(C) Review by Department Divisions shall determine if the draft application conforms with Commission policy and program direction for the water way listed in the draft instream water right application;

(D) Any suggested change or correction to the draft application by the Department Divisions shall be reviewed by the Department Instream Water Right Coordinator and coordinated with the initiator of the draft application;

(E) Changes or corrections to the draft application suggested by DEQ and Parks through OAR 690-077-0020 shall be reviewed for consistency with Department rules, policy and available information. These suggested changes or corrections may be made if they are consistent with Department rules, policy and available information;

(F) DEQ or Parks, or both may incorporate the public uses for which they are responsible into a Department application for instream water rights in accordance with OAR 690-077-0020;

(G) The final application shall have all changes and corrections consistent with Department rules, policy, and information available.

(A) If DEQ or Parks, or both are combining their applications for an instream water right with the Department’s application, the application must be signed by representatives of DEQ or Parks, or both;

(B) All completed signed applications on which the Department is the sole signatory shall be submitted immediately to the WRD for processing.

(d) If an application is returned by the WRD because of deficiencies in fulfilling requirements of OAR 690-077-0020, the Department Instream Water Rights Coordinator shall correct those deficiencies within the required time period or withdraw the application. A request may be made of the WRD for an extension to correct the deficiencies;

(e) The Department Habitat Conservation Division shall be responsible for monitoring the application through the application process:

(A) If a petition for review is received by the WRD, in accordance with OAR 690-077-0030, and the WRD Director determines that 690-077-0030 is not satisfied, the Department Habitat Conservation Division shall work with the WRD and the petitioner to resolve the concerns:

(B) If an application is referred to the Water Resources Commission for review in accordance with OAR 690-077-0030, the Department Habitat Conservation Division shall work with the Water Resources Commission, the WRD and the petitioner to seek approval of the application:

(C) If the Water Resources Commission requires a public hearing (as set forth in OAR 690-077-0035), the Department shall become a party to the hearing and provide evidence to support approval of the application:

(D) In paragraphs (1)(e)(A)–(C) of this rule, the Department shall seek to have applications certified for the quantity of water needed to support the public uses applied for:

(E) Not withstanding paragraphs (1)(e)(A)–(D) of this rule, the Department, at any time in the application process, any withdraw an application on which it is the sole signatory. If the Department is a co-applicant with Parks or DEQ or both, the Department may withdraw its portion of the application.

(2) The Department shall maintain a complete, up-to-date and accessible file of all instream water rights applications and certifications:

(a) Certified instream water rights shall be e recorded on the Department computerized database for water rights and on the Department habitat database;

(b) Copies of the certificates and pending applications shall be readily accessible to Department staff, other agencies and members of the public:

(A) Copies of the certificates shall be maintained in the Department Habitat Conservation Division on microfiche, the Department Engineering Section and the appropriate Department Fish or Wildlife District;

(B) The Department Habitat Conservation Division shall provide the appropriate Department Fish or Wildlife District, Region and Divisions with information regarding certification of recent instream water rights.

History

Statutory/Other Authority: ORS 496 & 537
Statutes/Other Implemented: ORS 496 & 537
FWC 110-1989, f. 10-24-89, cert. ef. 10-28-89

Or. Admin. R. 635-400-0035 Purchase, Lease, or Gift of Water Rights for Instream Water Rights

The Department shall buy, lease, and accept as gifts water rights for the purpose of transferring the water right to an instream water right for the public uses and purposes set forth in OAR 635-400-0000 through 635-400-0035:

(1) Donors of gifts shall be recognized through a formal Commission process.

(2) Water rights that may be transferred to instream water rights shall be reviewed for potential benefits and adverse impacts to fish and wildlife or their habitats, angling, hunting, trapping or nonconsumptive uses of fish or wildlife:

(a) Standards set out in OAR 635-400-0020 shall apply to prioritize water rights that are to be bought or leased;

(b) Gifts of water rights shall be accepted regardless of priorities set out in OAR 635-400-0020, if the transfer does not harm fish or wildlife or their habitats, angling, hunting, trapping or noncon-sumptive uses of fish or wildlife.

History

Statutory/Other Authority: ORS 496 & 537
Statutes/Other Implemented: ORS 496 & 537
FWC 110-1989, f. 10-24-89, cert. ef. 10-28-89

Or. Admin. R. 635-400-0037 Public Involvement

Any individual, organization or public agency may request the Department apply for an instream water right on a waterway.

(1) The Department Instream Water Right Coordinator shall review the request with the appropriate Department District and Region to determine the Department priority of the waterway requested.

(2) If the request is determined to be for a high priority waterway, as defined by OAR 635-400-0002, the Department Instream Water Right Coordinator may apply for the instream water right, after determining the instream flow requirement in accordance with OAR 635-400-0015

History

Statutory/Other Authority: ORS 496 & 537
Statutes/Other Implemented: ORS 496 & 537
FWC 110-1989, f. 10-24-89, cert. ef. 10-28-89

Or. Admin. R. 635-400-0040 Review and Coordination of Instream Water Right Applications Submitted by Other Agencies

(1) Within 30 days of receipt, the Department Habitat Conservation Division shall review and return comments on all draft instream water right applications from other agencies, in accordance with OAR 690-077-0020, for potential adverse impacts or benefits to fish and wildlife populations or their habitats, angling, hunting, trapping and nonconsumptive uses of fish and wildlife:

(a) Every effort shall be made by the Department to resolve conflicts with draft applications, identified in section (1) of this rule, before the applications are submitted to WRD by other agencies;

(b) The Department Instream Water Right Coordinator shall track the WRD process for instream water right applications submitted by other agencies in which the Department has an interest.

(2) The following standards will be used to determine the level of Department participation in the application and certification process:

(a) The Department shall support and shall provide staff assistance, if needed, to the agency making an instream water right application if the following standards apply:

(A) State sensitive or state or federally listed threatened or endangered fish or wildlife or their habitats are involved;

(B) The requested instream water right is beneficial to conserving, maintaining or enhancing significant native fish and wildlife populations or habitat;

(C) The requested instream water right is beneficial to conserving, maintaining or enhancing Department fish and wildlife management objectives for commercial harvest, angling, hunting, trapping or nonconsumptive uses of fish or wildlife;

(D) Requested instream water right is in a state Scenic Waterway or federal Wild and Scenic River.

(b) The Department shall support but may elect not to provide staff assistance to an agency making application if the following standards apply:

(A) An adequate instream water right for fish and wildlife populations or their habitats already exists;

(B) The application is for a waterway that provides no identified benefits for fish or wildlife populations or their habitats;

(D) The waterway does not meet priorities and standards established in OAR 635-400-0020.

(c) The Department shall oppose draft instream water right applications submitted by agencies if such applications cause one or more of the following problems:

(A) Increased instream flows provided by storage are greater than the natural or traditional instream flows occurring during any time period and cause adverse impacts to fish and wildlife populations or habitats, commercial harvest, angling, hunting, trapping or nonconsumptive uses of fish and wildlife;

(B) Decreased lake or reservoir water surface elevations occur that are lower than the natural or traditional water surface elevations during any time period and cause losses to fish or wildlife populations or their habitats, commercial harvest, angling, hunting, trapping or nonconsumptive uses of fish and wildlife;

(C) Any proposed storage releases or reservoir filling schedules that are required to meet the instream water right and adversely affect Commission policies and program direction established for that waterway or other affected waterways.

History

Statutory/Other Authority: ORS 496 & 537
Statutes/Other Implemented: ORS 496 & 537
FWC 110-1989, f. 10-24-89, cert. ef. 10-28-89

Division 405 STATE AGENCY COORDINATION PROGRAM

Or. Admin. R. 635-405-0000 Purpose

The purpose of these rules is to establish the procedures to be used by the Department in implementing the provisions of its State Agency Coordination Program, as required by ORS 197.180 and OAR 660, divisions 030 and 031. The State Agency Coordination program will assure that Department programs and actions determined to affect land use shall comply with the statewide planning goals and are compatible with acknowledged city and county comprehensive plans and land use regulations. It is not the intent of these rules to authorize local governments to prevent the Department from carrying out its statutory responsibility to manage wildlife and develop habitat protection standards.

History

Statutory/Other Authority: ORS 197 & 496
Statutes/Other Implemented: ORS 197 & 496
FWC 66-1990, f. & cert. ef. 6-27-90

Or. Admin. R. 635-405-0005 Definitions

For the purposes of OAR 635-405-0000 through 635-405-0045 only:

(l) “Acknowledged Comprehensive Plan” as defined in OAR 660-030-0005(1) and adopted herein means a comprehensive plan and land use regulations or plan or regulations amendment which comply with the goals as provided in ORS 197.251, 197.640 to 197.649, and 197.625.

(2) “Agency consistency with Comprehensive Plans” as defined in OAR 660-030-0005(7) and adopted herein has the same meaning as the term “compatibility” as provided in section (9) of this rule and 660-030-0070.

(3) “Agency Coordination Program” as defined in OAR 660-030-0005(3) and adopted herein means the submittal made by a state agency to the DLCD pursuant to ORS 197.180(2)(a)–(d) and OAR 660, division 30.

(4) “Aquatic Habitat” means the waters which will support fish or other organisms which live in water. Aquatic habitat includes the adjacent land area and vegetation (i.e., riparian habitat) that provides shade, food, and/or protection for those organisms.

(5) “Big Game Range” means the geographic area occupied by deer, elk, cougar, black bear, mountain sheep, mountain goat, moose, silver gray squirrel, or antelope, often on a seasonal basis. Big game range consists of one or all of the following:

(a) “Summer Range” means a geographic area used by big game animals during the summer, usually at a higher elevation and generally covering a larger land area than winter range; and

(b) “Transitional Range or Travel Corridor” means a route or geographic area that is used by big game animals between summer and winter range, usually characterized as a band or belt of suitable vegetation and terrain that provides protective cover. Transitional range often overlaps both summer and winter range; and

(c) “Winter range” means a geographic area occupied by big game animals from late fall through early spring. Winter range is usually smaller in area and at lower elevations than summer range, and has vegetation and terrain that minimizes the effects of winter stress on big game animals.

(6) “Bird Habitat Site” means that portion of the territory of a bird species that is essential to survival and perpetuation of the species, either as individuals or as a population. “Territory,” as used herein, means the total area used by an individual for feeding, reproduction, loafing, and/or rearing. Such sites include but are not limited to:

(a) Bald eagle nest sites;

(b) Heron rookeries;

(d) Osprey nest sites.

(7) “Certification” as defined in OAR 660-030-0005(4) and adopted herein means an order issued by LCDC which finds that a state agency’s coordination program satisfies the requirements of ORS 197.180(2)(a)–(d) and OAR 660, division 030.

(8) “Commission” means the State Fish and Wildlife Commission.

(9) “Compatibility with Comprehensive Plans” as defined in OAR 660-030-0005(5) and adopted herein means that a state agency has taken actions pursuant to OAR 660-030-0070, including following procedures in its coordination program where certified, and there are no remaining land use conflicts between the adoption, amendment, or implementation of the agency’s land use program and an acknowledged comprehensive plan.

(10) “Compliance with the Goals” as defined in OAR 660-030-0005(6) and adopted herein means that the state agency land use programs and actions must comply with the applicable requirements of the statewide planning goals as provided in 660-030-0065.

(11) “Coordination” as defined in OAR 660-030-0005(8) and adopted herein means the needs of all levels of government, semi-public and private agencies, and the citizens of the State of Oregon have been considered and accommodated as much as possible.

(12) “County Coordinator” means the Department employee assigned to each county in Oregon who is responsible for coordinating the Department’s land use activities with the county and its cities.

(13) “Department” means the Oregon Department of Fish and Wildlife.

(14) “Develop” means Department actions involving site identification and preparation, and the use, construction, improvement, and expansion of new or existing Department facilities.

(15) “Director” means the State Fish and Wildlife Director.

(16) “DLCD” means the Department of Land Conservation and Development.

(17) “Endangered Species” means:

(a) Any native wildlife species determined by the Commission to be in danger of extinction throughout any significant portion of its range within the state; or

(b) Any native wildlife species listed as an endangered species pursuant to the federal Endangered Species Act of 1973 (PL 93-205, 16 USC § 1531), as amended.

(18) “Facilities” means Department dwellings, offices, and other permanent structures or sites where Department administrative or program functions are performed or managed.

(19) “Fish” means all game fish as defined by ORS 496.009, food fish as defined by 506.036, and aquatic shellfish which live or could live in the waters of this state, including mollusks, crustaceans, all freshwater and marine invertebrates, and all live eggs or larvae thereof, but not including aquaria species in aquaria.

(20) “Goal” means a philosophical statement and desirable direction of a Department program. Such goals may lead to agency policy and then to rules and operational plans for implementation.

(21) “Guideline” means a suggested direction or method.

(22) “Habitat” means a geographical area that can provide the environmental conditions suitable to perpetuate wildlife species or a population of such species.

(23) “Habitat Conservation Division Land Use Coordinator” means the Department employee responsible for coordinating statewide Department land use activities with the affected cities and counties.

(24) “LCDC” means the Land Conservation and Development Commission.

(25) “Manage” means to protect, preserve, propagate, promote, utilize, and control wildlife.

(26) “Management Plan” means a program of action designed to reach given objectives derived from Department policies or goals.

(27) “Objective” means a specific statement of planned results to be achieved by a predetermined date. Once achieved, such objectives represent measurable progress toward attainment of the broader goal.

(28) “Policy” means overall direction to embrace the goals and acceptable general procedures of the Department.

(29) “Riparian Habitat/Land” means land situated along the bank of a stream or other body of water characterized by vegetation and microclimate influenced by perennial and/or intermittent water associated with high water tables and soils which exhibit some wetness characteristics.

(30) “Rules and Programs Affecting Land Use” as defined in OAR 660-030-0005(2) and adopted herein means:

(a) A state agency’s rules and programs (hereinafter referred to as “land use programs”) which are:

(A) Specifically referenced in the statewide planning goals; or

(B) Reasonably expected to have significant effects on:

(i) Resources, objectives or areas identified in the statewide planning goals; or

(ii) Present or future land uses identified in acknowledged comprehensive plans.

(b) Do not include state agency rules and programs, including any specific activities or functions which occur under the rules and programs listed in paragraph (31)(a)(A) of this rule, if:

(A) An applicable statute, constitutional provision or appellate court decision expressly exempts the requirement of compliance with the statewide goals and compatibility with acknowledged comprehensive plans; or

(B) The rule, program, or activity is not reasonably expected to have a significant effect on:

(i) Resources, objectives, or areas identified in the statewide goals; or

(ii) Present or future land uses identified in acknowledged comprehensive plans; or

(C) A state agency transfers or acquires ownership or an interest in real property without making any change in the use or area of the property. Action concurrent with or subsequent to a change of ownership that will affect land use or the area of the property is subject to either the statewide goals or applicable city or county land use regulations.

(c) A final determination of whether or not an agency rule or program affects land use will be made by LCDC pursuant to ORS 197.180 and OAR 660, division 030.

(31) “SAC” means State Agency Coordination.

(32) “Sensitive” refers to wildlife species, subspecies, or populations that are subject to a decline in number of sufficient magnitude to qualify their listing as Threatened due to loss in quantity or quality of habitat or other factors.

(33) “Standard” means a specific level of attainment.

(34) “Statewide Planning Goals” means the mandatory statewide planning standards adopted by LCDC pursuant to ORS 197.005 to 197.860.

(35) “Threatened Species” means:

(a) Any native wildlife species the Commission determines is likely to become an endangered species within the foreseeable future throughout any significant portion of its range within this state; or

(b) Any native wildlife species listed as a threatened species pursuant to the federal Endangered Species Act of 1973 (PL 92-205, 16 USC § 1531), as amended.

(36) “Waters of This State” means all waters over which the State of Oregon has jurisdiction or joint or other jurisdiction with any other state or government, including waters of the Pacific Ocean and all bays, inlets, and ponds, lakes, rivers and streams within or forming the boundaries of this state, but not including waters in aquaria or in isolation facilities approved by the Department.

(37) “Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

(38) “Wildlife” means fish, wild birds, amphibians, reptiles, and wild mammals.

History

Statutory/Other Authority: ORS 197 & 496
Statutes/Other Implemented: ORS 197 & 496
FWC 66-1990, f. & cert. ef. 6-27-90

Or. Admin. R. 635-405-0010 Applicability

(1) The provisions of OAR 635-405-0000 through 635-405-0045 shall apply to actions taken by the Department when considering amendments to existing programs described in section(3) of this rule.

(2) The provisions of OAR 635-405-0000 through 635-405-0045 shall apply to the Department programs and actions described below, and to any other programs or actions subsequently determined to have a significant effect on land use pursuant to ORS 197.180 and OAR 660-030-0075.

(3) The provisions of OAR 635-405-0000 through 635-405-0045 shall apply to the following Department programs and actions:

(a) Issuing permits for:

(A) Private salmon hatcheries;

(B) In-water explosives or harmful substances.

(b) Development of new, or improvement or expansion of existing Department facilities;

(d) Applicable Department programs and actions to comply with Statewide Planning Goal 19 — Ocean Resources. Specifically:

(A) Goal 19, Implementation Requirement 1;

(B) Goal 19, Implementation Requirement 2.a.i;

(D) Goal 19, Implementation Requirement 2.b.

History

Statutory/Other Authority: ORS 197 & 496
Statutes/Other Implemented: ORS 197 & 496
FWC 66-1990, f. & cert. ef. 6-27-90

Or. Admin. R. 635-405-0015 Compliance with the Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations

Prior to undertaking any action or program listed in OAR 635-405-0010, the Department shall find that the program or action complies with the statewide planning goals and is compatible with applicable acknowledged comprehensive plans and land use regulations. The Department shall make its goal compliance and plan compatibility findings in accordance with OAR 635-405-0000 through 635-405-0045 and other applicable rules, and the Department’s certified state agency coordination program, which is hereby adopted by reference.

History

Statutory/Other Authority: ORS 197 & 496
Statutes/Other Implemented: ORS 197 & 496
FWC 66-1990, f. & cert. ef. 6-27-90

Or. Admin. R. 635-405-0020 Compliance with the Statewide Planning Goals

(1) The Department shall attempt to achieve goal compliance whenever possible by taking actions that are compatible with the acknowledged comprehensive plans of the applicable local governing body.

(2) An action within a “land use program” of the Department is considered to be in compliance when such action is compatible with the acknowledged comprehensive plan and land use regulations of the applicable local governing body.

(3) The Department will achieve compliance by acting compatibly with applicable acknowledged comprehensive plans; however, should a situation arise which requires direct goal findings pursuant to OAR 660-030-0065(3), the Department shall adhere to the following procedure:

(a) Confirm that a situation exists pursuant to OAR 660-030-0065(3) requiring the Department to adopt findings of compliance with one or more of the statewide planning goals;

(b) Identify the specific statewide planning goal(s) or goal requirements the Department must address;

(d) Request interpretive guidance from the DLCD and the Attorney General’s office;

(e) Rely on any relevant Goal interpretations for state agencies adopted by the LCDC under OAR 660;

(f) Adopt any necessary findings to assure compliance with the statewide planning goals.

History

Statutory/Other Authority: ORS 197 & 496
Statutes/Other Implemented: ORS 197 & 496
FWC 66-1990, f. & cert. ef. 6-27-90

Or. Admin. R. 635-405-0025 Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations

The following procedure is intended to assure that a Department program or action determined to affect land use is compatible with the acknowledged comprehensive plans and land use regulations of the applicable local governing body:

(1) Except where it is necessary for the Department to adopt findings for compliance with the statewide planning goals, the Department shall achieve goal compliance by acting compatibly with acknowledged comprehensive plans and land use regulations. To make the necessary determinations of compatibility for a Department project or action affecting land use, the Department shall rely on the following two procedures:

(a) A copy of the local land use permit or equivalent documentation from the applicable local governing body or its designee that the proposed project or action has received land use approval; or

(b) A letter or some other form of verification from the applicable local governing body or its designee stating that the proposed project or action is permitted under the jurisdiction’s comprehensive plan but does not require specific land use approval.

(2) Upon receipt of an application for a private salmon hatchery permit, the Department will apply procedures pursuant to OAR 635-040-0009(4) and (5).

(3) An applicant seeking approval from the Department to place explosives or harmful substances in waters of this state pursuant to ORS 509.140 shall provide information to this Department assuring the project’s compliance with the statewide planning goals and compatibility with the applicable acknowledged comprehensive plan(s) and land use regulations. Such information shall be submitted in a manner established by the Department and shall include a written declaration by the applicant acknowledging that:

(a) Department approval of the project is not a finding of compliance with the statewide planning goals and compatibility with the applicable comprehensive plan; and

(b) The applicant has or shall obtain land use approval or determination of compatibility from the applicable local governing body.

(4) When siting or conducting expansion of a Department facility, the Department will apply procedures pursuant to OAR 635-405-0025(1).

(5) When siting winter wildlife-feeding activities on private or non-federal public lands, the Department will apply procedures pursuant to OAR 635-405-0025(1).

History

Statutory/Other Authority: ORS 197 & 496
Statutes/Other Implemented: ORS 197 & 496
FWC 66-1990, f. & cert. ef. 6-27-90

Or. Admin. R. 635-405-0030 Dispute Resolution

(1) The Department shall attempt to resolve all disputes regarding land use issues by direct contact with the applicable local governing body(ies). Whenever possible, Department efforts to avoid and resolve potential land use conflicts concerning a specific use or action shall be conducted prior to and through local government land proceedings. These efforts may include Department participation in pre-application meetings and conflict mediation activities, and provision of technical information and assistance to project applicants as well as the applicable local governing body(ies).

(2) In the event the Department and an applicable local governing body do not agree that a Department program or action, or local governing body action is compatible with the applicable acknowledged comprehensive plan(s) and land use regulations, the Department will attempt to resolve the dispute through the following procedures:

(a) Department staff, where appropriate, may request meetings with planning staff or other representatives of the local government to discuss:

(A) The ways in which the proposed Department program or action can be made compatible with the jurisdiction’s comprehensive plan and land use regulations, including possible modfication of the proposed program or action, while achieving the Department’s desired results;

(B) Existing or possible Department alternative actions, including withdrawal of the proposal.

(b) When determined to be necessary by the Department, local denials of Department requests for land use approvals or compatibility determinations may be pursued through appropriate appeals processes.

(c) Where appropriate, the statutory plan amendment and periodic review processes shall be used to obtain local land use approvals for a program or action proposed by the Department which affects land use.

(d) If the dispute is not resolved through subsections (2)(a)–(c) of this rule, the Department may request informal mediation or a compatibility determination from the LCDC in accordance with OAR 660-030-0070.

History

Statutory/Other Authority: ORS 197 & 496
Statutes/Other Implemented: ORS 197 & 496
FWC 66-1990, f. & cert. ef. 6-27-90

Or. Admin. R. 635-405-0035 Compliance and Compatibility of New or Amended Land Use Programs

(1) LCDC certification of the Department’s SAC Program signifies that the Department has fulfilled its statutory state agency coordination responsibilities. The Department shall implement the following procedures to assure that new Department programs and any amendments to existing Department programs identified in OAR 635-405-0010 shall conform to the Department’s certified SAC Program and the requirements in ORS 197.180 and OAR 660, division 030.

(2) The Department shall not amend its certified state agency coordination program, adopt new programs, or amend existing programs identified in OAR 635-405-0010 without notifying the DLCD in accordance with 660-030-0075.

(3) Such notice to adopt or amend a program or regulation as described in section (2) of this rule shall be provided to the DLCD in writing not less than 45 days before Department adoption is scheduled to occur.

(4) The notice provided to DLCD shall demonstrate that the proposed new adoption or amendment:

(a) Does not affect land use; or

(b) Affects land use and goal compliance and comprehensive plan compatibility shall be assured through adherence to existing procedures in the Department’s certified SAC Program; or

(c) Affects land use, but is not covered by regulations and procedures in the Department’s certified SAC program. In this case, the notice shall include an explanation of how the Department shall assure goal compliance and comprehensive plan compatibility in accordance with the applicable provisions of OAR 660-030-0075.

History

Statutory/Other Authority: ORS 197 & 496
Statutes/Other Implemented: ORS 197 & 496
FWC 66-1990, f. & cert. ef. 6-27-90

Or. Admin. R. 635-405-0040 Coordination with Affected State and Federal Agencies and Special Districts

The Department Habitat Conservation Division Land Use Coordinator or other appropriate Department employees shall coordinate with affected state and federal agencies and special districts to discuss wildlife habitat inventory and habitat protection and management standards. The information and assistance provided may include, but is not limited to:

(l) Delineation (i.e., boundaries and locations) of significant wildlife habitat, such as:

(a) Big game ranges;

(b) Bird habitat sites;

(d) Riparian habitat/land;

(e) Wetlands;

(f) Aquatic habitat;

(g) Sensitive species habitat;

(h) Other significant wildlife habitats not listed above.

(2) Estimated wildlife population levels whenever data is available.

(3) Identification of conflicting uses and an analysis of the consequences of such conflicting uses on identified fish and wildlife habitat as required by city and county comprehensive plans and land use regulations and to comply with the statewide planning goals.

(4) Wildlife habitat protection and management standards including but not limited to:

(a) Dwelling density criteria;

(b) Setback buffers from wildlife habitat resource sites;

(d) Instream flows or lake levels;

(e) Structures compatible with wildlife uses;

(5) Educational and informational materials to promote public awareness and involvement in protection of wildlife habitat; and

(6) Estimated monetary values of wildlife whenever this information is available.

History

Statutory/Other Authority: ORS 197 & 496
Statutes/Other Implemented: ORS 197 & 496
FWC 66-1990, f. & cert. ef. 6-27-90

Or. Admin. R. 635-405-0045 Cooperation and Technical Assistance to Local Governments

Subject to statutory limitations, the Department may provide technical assistance and information to local governments through its County Coordinators as availability and resources permit. This effort may include Department participation in pre-application meetings, and provision of technical information and assistance to project applicants as well as the affected local governments. Technical assistance and information provided by the Department shall be for the purpose of implementing Department programs and activities affecting land use and wildlife habitat protection programs under its jurisdiction during Periodic Review, plan updates, plan amendments or implementation actions of acknowledged comprehensive plans pursuant to OAR 635-405-0040 and the Department’s State Agency Coordination Program. This Section is not intended to preclude or prevent local governments from seeking fish and wildlife-related technical assistance from other state and federal agencies or the private sector.

History

Statutory/Other Authority: ORS 197 & 496
Statutes/Other Implemented: ORS 197 & 496
FWC 66-1990, f. & cert. ef. 6-27-90

Division 410 NATURAL RESOURCE LOSSES

Or. Admin. R. 635-410-0000 Authority of the Department of Fish and Wildlife

ORS 468B.060 provides the Oregon Department of Fish and Wildlife with authority to seek damages in a court of competent jurisdiction for the value of fish and wildlife injured or killed as the result of pollution or violation of the condition of any permit, and for all costs of restoring fish and wildlife production in affected areas. In addition, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) provides for recovery of damages to natural resources by the federal government and/or state governments. OAR 635-410-0000 through 635-410-0035 describe how the Department shall investigate, document and assess the value of natural resource losses pursuant to its authority under state and federal law. Nothing in these rules, however, shall preclude assessment of losses according to formulas set forth in CERCLA regulations.

History

Statutory/Other Authority: ORS 468B.060, 496.138, 496.146, 496.750, 506.119 & 506.720
Statutes/Other Implemented: ORS 468B.060, 496.138, 496.146, 496.750, 506.119 & 506.720
DFW 10-1998, f. & cert. ef. 2-5-98
FWC 126-1991, f. 10-23-91, cert. ef. 11-1-91

Or. Admin. R. 635-410-0005 Policy

The Department shall:

(1) Promptly investigate natural resource losses to determine the cause and extent of damage to fish and wildlife and their habitat.

(2) Seek compensation from any persons responsible for the injury or destruction of fish, wildlife and habitat, and the costs of restoration of affected fish and wildlife production, including habitat restoration.

(3) Work cooperatively with other state and federal agencies to:

(a) Eliminate sources of pollution or other environmental damage;

(b) Prevent natural resource losses through educational efforts and through enforcement of antipollution and other environmental laws; and

History

Statutory/Other Authority: ORS 468B.060, 496.138, 496.146, 496.750, 506.119 & 506.720
Statutes/Other Implemented: ORS 468B.060, 496.138, 496.146, 496.750, 506.119 & 506.720
DFW 10-1998, f. & cert. ef. 2-5-98
FWC 126-1991, f. 10-23-91, cert. ef. 11-1-91

Or. Admin. R. 635-410-0010 Definitions

For the purposes of OAR 635-410-0000 through 635-410-0035:

(1) “Affected area” means the area or areas in which natural resources have been directly or indirectly affected.

(2) “Damages” means the amount of money sought by the Department in a court of competent jurisdiction for the value of fish and wildlife injured or destroyed, and for the cost of restoring fish and wildlife production, including habitat restoration.

(3) “Department” means the Oregon Department of Fish and Wildlife.

(4) “Fish and wildlife” means all fish, shellfish, intertidal animals, wild birds, amphibians, reptiles and wild mammals.

(5) “Fish kill” means injury or destruction of fish or their productivity, regardless of cause.

(6) “Natural resources” means land, fish, wildlife, biota, air or water.

(7) “Natural resource losses” means any injury or destruction of fish, wildlife or their habitat, when caused by pollution or violation of the condition of any permit.

(8) “Net economic value” means the sum of all net values for products and services associated with recreational and commercial uses of the affected natural resources, such as consumer surpluses and producer surpluses, plus the sum of all nonuse (or preservation) values, such as option and existence values.

(9) “Pollution” means any such alteration of the physical, chemical or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, silt or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state which will or tends to, either by itself or in connection with any other substance, create a public nuisance, or which will or tends to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wildlife, fish or other aquatic life or the habitat thereof.

History

Statutory/Other Authority: ORS 468B.060, 496.138, 496.146, 496.750, 506.119 & 506.720
Statutes/Other Implemented: ORS 468B.060, 496.138, 496.146, 496.750, 506.119 & 506.720
DFW 10-1998, f. & cert. ef. 2-5-98
FWC 126-1991, f. 10-23-91, cert. ef. 11-1-91

Or. Admin. R. 635-410-0015 Investigation Procedures

In investigating any natural resource loss, the Department shall use generally recognized and accepted scientific field, laboratory and analytical procedures to guide the field investigation of the natural resource loss, and specifically to:

(1) Analyze and determine the cause(s) of losses;

(2) Promptly respond to and mitigate losses;

(3) Determine habitat or fish and wildlife management measures that may be required to restore fish and wildlife production in affected areas;

(4) Determine violations of statute, rule or permits; and

(5) Inform Department staff, other agencies, the general public and news media on the extent, nature, and causes of natural resource losses.

History

Statutory/Other Authority: ORS 468B.060, 496.138, 496.146, 496.750, 506.119 & 506.720
Statutes/Other Implemented: ORS 468B.060, 496.138, 496.146, 496.750, 506.119 & 506.720
DFW 10-1998, f. & cert. ef. 2-5-98
FWC 126-1991, f. 10-23-91, cert. ef. 11-1-91

Or. Admin. R. 635-410-0020 Safety Policy

It is the policy of the Department that no person shall enter potentially contaminated areas without the use of protective clothing and equipment as required by Oregon law. All personnel shall observe recommended precautions when working in chemically contaminated areas, and shall comply with applicable rules and statutes of the Oregon Occupational Health and Safety Administration.

History

Statutory/Other Authority: ORS 468B.060, 496.138, 496.146, 496.750, 506.119 & 506.720
Statutes/Other Implemented: ORS 468B.060, 496.138, 496.146, 496.750, 506.119 & 506.720
DFW 10-1998, f. & cert. ef. 2-5-98
FWC 126-1991, f. 10-23-91, cert. ef. 11-1-91

Or. Admin. R. 635-410-0025 Unauthorized Collection of Samples

No person shall collect injured or dead fish or wildlife without the express written consent of the Department. Any unauthorized collection may be considered tampering with evidence in violation of ORS 162.295, and illegal possession of wildlife, pursuant to ORS 498.002.

History

Statutory/Other Authority: ORS 468B.060, 496.138, 496.146, 496.750, 506.119 & 506.720
Statutes/Other Implemented: ORS 468B.060, 496.138, 496.146, 496.750, 506.119 & 506.720
DFW 10-1998, f. & cert. ef. 2-5-98
FWC 126-1991, f. 10-23-91, cert. ef. 11-1-91

Or. Admin. R. 635-410-0030 Calculation of Numbers and Monetary Value of Fish and Wildlife, and Cost of Restoring Productivity Pursuant to ORS 468B.060

In calculating the number and monetary value of fish and wildlife injured or killed, as well as the cost of restoring productivity pursuant to ORS 468B.060, the Department shall use the following formula:

(1) Fish Kills: Number of Fish.

(a) If non-adult fish were injured or killed, the survival rate to the adult life stage, or catchable size in the case of game or food fish, for any given non-adult life stage shall be multiplied by the number of that life stage killed or injured to estimate adult equivalents.

(A) Survival rates specific to the population affected shall be used if information is available.

(B) Standard survival rates shall be assumed if no survival rates specific to the affected population are available.

(C) Standard survival rates (to catchable size) by life stage to be used for Pacific salmon, steelhead and resident trout species are provided as follows:

(i) Chinook — Redd Size Eggs 4,500; Eggs 0.01; 0 Fry <60 mm 0.02; 0+ Fry >60 mm 0.05; 1+ 0.20; 2+ 1.00;

(ii) Steelhead — Redd Size Eggs 3,300; Eggs 0.01; 0 Fry <60 mm 0.02; 0+ Fry >60 mm 0.06; 1+ 0.25; 2+ 1.00;

(iii) Coho — Redd Size Eggs 2,800; Eggs 0.01; 0 Fry <60 mm 0.02; 0+ Fry >60 mm 0.06; 1+ 0.25; 2+ 1.00;

(iv) Searun Cutthroat — Redd Size Eggs 1,750; Eggs 0.01; 0 Fry <60 mm 0.02; 0+ Fry >60 mm 0.08; 1+ 0.30; 2+ 1.00;

(v) Resident Trout 10-15 inches — Redd Size Eggs 1,400; Eggs 0.02; 0 Fry <60 mm 0.03; 0+ Fry >60 mm 0.09; 1+ 0.35; 2+ 1.00;

(vi) Resident Trout 5-10 inches — Redd Size Eggs 250; Eggs 0.03; 0 Fry <60 mm 0.06; 0+ Fry >60 mm 0.20; 1+ 0.70; 2+ 1.00.

(D) Standard survival rates (to catchable size) by life stage to be used for common warmwater game fish species are provided as follows:

(i) Bass — Eggs (nest size assumed to be 5,000 eggs) 0.005; 0 Fry (Hatched) 0.020; 0+ Fry (Autumn) 0.15; 1+ 0.50; 2+ 1.00; 3+ 1.00;

(ii) Other — Eggs (nest size assumed to be 5,000 eggs) 0.002; 0 Fry (Hatched) 0.008; 0+ Fry (Autumn) 0.08; 1+ 0.25; 2+ 0.50; 3+ 1.00.

(E) If the number of fish injured or killed in a juvenile life stage cannot be estimated effectively because of difficulty in observing or collecting dead and injured fish, the adult equivalent of that life stage shall be estimated as the greater of the number of harvestable (legal-sized) fish killed or injured, or the adult equivalent population of that life stage estimated for a comparable freshwater area.

(b) If the fish loss or associated habitat damage may reduce production of future generations, the loss of adults in subsequent generations prior to full restoration or recovery of adult production through artificial or natural means shall be estimated.

(c) The adult loss for each species shall be determined as the sum of actual adult losses, plus adult equivalents of non-adult life stages, plus loss of adults in subsequent generations.

(2) Fish Kills: Value of Fish. After calculating numbers lost as provided in 635-410-0030(1), the Department shall determine for each species the greatest value, after comparing values calculated by using each of the following methods (if applicable):

(a) Multiply the monetary value provided for any species identified in ORS 496.705(2)(a) through (k), by the adult loss.

(b) Multiply the monetary value provided for any food fish species identified in ORS 506.720 by the adult loss.

(c) Multiply the adult loss for any species otherwise protected by the wildlife laws (and not specifically provided for in ORS 496.705 or 506.720 or the laws of the United States) by $25.

(d) Determine the replacement cost for fish or wildlife species not specifically identified in ORS 496.705 or 506.720 by using appropriate scientific, governmental or commercial information on costs of fish and wildlife propagation (e.g., the values from American Fisheries Society Monetary Values of Fish or vendor price lists). This cost shall be adjusted for inflation from the date of publication or documentation of the information used. The replacement cost shall include all administrative costs of the Department in direct support of the replacement or restocking effort.

(e) If hatchery replacement of an affected species is inappropriate pursuant to any applicable statute or rule, estimate all expected costs to the Department of obtaining, transporting and successfully introducing replacement wild stock. This estimate shall include administrative costs in direct support of the replacement effort.

(f) Estimate the reduction in net economic value associated with the affected fish and wildlife species from appropriate published or documented sources (e.g., agency reports or scientific publications), taking into account commercial, recreational, nonuse and other values associated with the resource. This estimate shall be adjusted for inflation from the date of publication or documentation of the information used.

History

Statutory/Other Authority: ORS 468B.060, 496.138, 496.146, 496.750, 506.119 & 506.720
Statutes/Other Implemented: ORS 468B.060, 496.705 & 506.720
DFW 10-1998, f. & cert. ef. 2-5-98
FWC 126-1991, f. 10-23-91, cert. ef. 11-1-91

Or. Admin. R. 635-410-0035 Damage Assessment Procedure

(1) The Department may seek recovery in damages for natural resource losses pursuant to CERCLA, either in lieu of or in addition to any recovery authorized by ORS 468B.060.

(2) Pursuant to ORS 468B.060, the Department shall pursue recovery in the form of damages or, where desirable, in-kind compensation. The Department shall claim the full value of fish or wildlife injured or destroyed and, where applicable, the cost of restoring production in affected areas, including but not limited to habitat restoration.

(3) Before initiating suit for damages in any court of competent jurisdiction, the Department shall serve a letter by registered or certified mail upon the responsible party demanding compensation for the value of the fish or wildlife injured or destroyed and the cost of restoring production in affected areas, including but not limited to habitat restoration.

(4) If after 60 days from the date of mailing the responsible party fails or refuses to pay, the Department may seek recovery in a court of competent jurisdiction.

(5) Any sums collected shall first be made available for habitat or population restoration work in the affected region.

(6) In-kind compensation, in the form of habitat restoration or other actions beneficial to restoration of fish or wildlife production, may be acceptable to the Department, provided that, at a minimum:

(a) The services are commensurate in value with the monetary value of the compensation claim;

(b) The form of in-kind compensation is acceptable to both the Department’s Habitat Conservation Division and the appropriate Regional Office.

History

Statutory/Other Authority: ORS 468B.060, 496.138, 496.146, 496.750, 506.119 & 506.720
Statutes/Other Implemented: ORS 468B.060, 496.138, 496.146, 496.750, 506.119 & 506.720
DFW 10-1998, f. & cert. ef. 2-5-98
FWC 126-1991, f. 10-23-91, cert. ef. 11-1-91

Division 412 FISH PASSAGE

Or. Admin. R. 635-412-0001 Purpose of the Fish Passage Policy

(1) The purpose of these rules is to further clarify and implement the State’s fish passage statutes (ORS 509.580 through 509.910) and the Department’s Climate and Ocean Change Policy (OAR 635–900–0001 through 635-900-0020) through the application of consistent standards.

(2) It is the policy of the State of Oregon to provide for upstream and downstream passage of native migratory fish at artificial obstructions.

(3) Changes in Oregon’s future climate make fish passage even more critical, and a lack of fish passage within watersheds may threaten the existence of some native migratory fish species.

(4) It is therefore the intent of these rules to promote fish passage while recognizing cooperation and collaboration between public and private entities are necessary to accomplish the policy goal of providing fish passage for native migratory fish and to achieve the enhancement and restoration of Oregon’s native migratory fish populations, as envisioned by the Oregon Plan (ORS 541.898).

History

Statutory/Other Authority: ORS 496.138 & ORS 509.585
Statutes/Other Implemented: ORS 496.012 & ORS 509.585
DFW 154-2022, adopt filed 12/19/2022, effective 01/01/2023

Or. Admin. R. 635-412-0005 Definitions

(1) For the purposes of OAR 635-412-0010 through 635-412-0065 the following definitions shall apply.

(2) “Abandonment” means to surrender, decommission, no longer use for an authorized purpose, or give up control.

(3) "Active channel width" means the naturally occurring cumulative stream width(s) between the ordinary high water lines, or at the channel bankfull elevation if the ordinary high water lines are indeterminate.

(4) "Artificial obstruction" means any dam, diversion, dike, berm, levee, tide or flood gate, road, culvert or other human-made device placed in the waters of this state that precludes or prevents the migration of native migratory fish. Preventing the migration of native migratory fish includes causing a significant delay in the time taken for passage of native migratory fish.

(5) "Attraction flow" means water that flows from or near a fishway entrance in sufficient quantity, velocity, and location to attract fish as they migrate upstream into the fishway, which can consist of gravity flow from the fish ladder and auxiliary water system flow added in or near the fishway entrance.

(6) "Bankfull elevation" means the point on a stream bank at which overflow into a floodplain begins.

(7) "Bed" or "bed and banks" means the physical container of the waters of this state, bounded on freshwater bodies by the ordinary high water line or bankfull stage, and on bays and estuaries by the limits of the highest measured tide.

(8) "Channel" means that portion of a natural (perennial or intermittent) waterway that periodically or continuously contains moving waters of this state and has a definite bed and banks that serve to confine the water.

(9) “Commission” means the Oregon Fish and Wildlife Commission.

(10) "Construction" with respect to artificial obstructions subject to these rules, means:

(a) Original construction;

(b) Major replacement, which includes:

(A) For existing dams and diversions, either a single or cumulative:

(i) Excavation or replacement of 30 percent by structure volume;

(ii) Repairs, patches, or modifications to over 30 percent of the area of the upstream, downstream, or top face of the dam (measured above the natural ground gradeline that is used to impound water); or

(iii) Repairs, patches, or modifications different than the original configuration and that reduce, as determined by the Department, the adequacy of fish passage including periodic or seasonal replacements, unless only checkboards are replaced, or in the case of existing seasonal dams or diversions, the artificial obstruction is in compliance with a water right(s), other regulatory requirements, and the artificial obstruction maintains an open channel connection with adequate water flow and depth conditions that meet OAR 635-412-0035 (2) when instream water is available and between the fish passage design streamflow range.

(B) For existing tide gates and flood gates, either a single or cumulative:

(i) Replacement of over 50 percent of the gate material, including hinges and the gate itself if detached;

(ii) Removal, fill, replacement, or addition of over 50 percent of the structure supporting the gate, excluding road-stream crossing structures; or

(iii) Replacements, repairs, patches, or modifications different than the original configuration and that reduce the adequacy of fish passage, as determined by the Department.

(C) For existing dikes, berms, levees, roads, culverts, bridges, or other artificial obstructions that segment estuaries, floodplains, or wetlands, either a single or cumulative:

(i) Activity or activities defined under OAR 635-412-0005(10)(d) in all locations where current channels cross the artificial obstruction segmenting the estuary, floodplain, or wetland; or

(ii) Removal, fill, replacement, or addition of over 50 percent by volume of the existing material directly above an historic channel or historically-inundated area; and

(D) For other existing artificial obstructions, the single or cumulative removal, fill, replacement, or addition of over 50 percent of the device that impedes fish passage;

(d) Installation or replacement of a roadbed, culvert, or bridge that includes any activity that:

(A) Creates a road or bridge that crosses a channel;

(B) Widens a roadfill footprint within a channel;

(C) Fills or removes over 50 percent by volume of the existing roadbed material directly above a culvert, except when this volume is exclusively composed of the top 1 foot of roadbed material;

(D) Installs or constructs a new road, culvert, bridge, overflow pipe, apron, or wingwall within a channel;

(E) Extends existing culverts, aprons, or wingwalls within a channel, except one-time placements of culvert ends which do not extend greater than 1 foot beyond the adjacent road footprint;

(F) Makes either single or cumulative repairs, patches, or modifications to over 50 percent of the linear length of a culvert;

(G) Makes either single or cumulative repairs, patches, or modifications to over 50 percent of the structural volume of a bridge or its elements except when this volume is exclusively composed of the traveling surface of a bridge deck;

(H) Replaces any part of a culvert, except ends that become misaligned, detached, or eroded and are replaced to their original configuration;

(I) At any point along the linear length of an existing culvert, reduces the entire inside perimeter of the culvert; or

(J) Makes replacements, repairs, patches, or modifications to an existing culvert or bridge that are different than the original configuration and reduce, as determined by the Department, the adequacy of fish passage.

(11) "Dam" means a structure, or group of structures with different functions, spanning or partially-spanning a stream in one location in order to pool water, facilitate the diversion of water, or raise the water surface elevation.

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

(13) “Director” means the Director of the Oregon Department of Fish and Wildlife.

(14) "Design streamflow range" means the range of flows within a stream, between the Low Fish Passage Design Flow and the High Fish Passage Design Flow, for which a fishway or other structure shall provide fish passage.

(15) "Emergency" means unforeseen circumstances materially related to or affected by an artificial obstruction that, because of adverse impacts to a population of native migratory fish, requires immediate action.

(16) "Estuary" means a body of water semi-enclosed by land and connected with the open ocean within which salt water is usually diluted by fresh water derived from the land. "Estuary" includes all estuarine waters, tidelands, tidal marshes and submerged lands extending upstream to the head of tidewater. However, for the purposes of these rules, the Columbia River Estuary extends to the western edge of Puget Island.

(17) "Exclusion barrier" means a structure placed that prevents fish passage for the benefit of native migratory fish.

(18) “Exemption” means not providing fish passage at an artificial obstruction when either mitigation in lieu of providing fish passage through a waiver as defined in ORS 509.585(9)(a)(A) is authorized, an artificial obstruction has been granted a legal waiver as defined in ORS 509.585(9)(a)(B), or a finding that there is no appreciable benefit to providing fish passage at the artificial obstruction as defined in ORS 509.585(9)(a)(C).

(19) “Experimental fish passage structure" means a fish passage structure based on new ideas, new technology, or unique, site-specific conditions determined by the Department to not be covered by existing fish passage criteria but to have a reasonable possibility of providing fish passage.

(20) "Fish passage" means the ability, by the weakest native migratory fish and life history stages determined by the Department to require passage at the site, to move either volitionally or by trap collection and transport if consistent with requirements of OAR 635-412-0035(6), with minimal stress, minimal delay, and without physical or physiological injury upstream and downstream of an artificial obstruction.

(21) "Fish passage structure" means any human-built structure that allows fish passage past an artificial obstruction, including, but not limited to, fishways and road-stream crossing structures such as culverts and bridges.

(22) "Fishway" means the set of human-built or operated facilities, structures, devices, and measures that together constitute, are critical to the success of, and were created for the primary purpose of providing upstream or downstream fish passage at artificial or natural obstructions which create a discontinuity between upstream and downstream water or bed surface elevations.

(23) "Fishway entrance" means the component of a fishway that discharges attraction flow into the waterway downstream of an artificial obstruction where upstream migrant fish enter the fishway.

(24) "Fishway pools" means discrete sections within a fishway separated by overflow weirs or non-overflow walls that create incremental water surface elevation gains and dissipate energy.

(25) "Floodplain" means that portion of a river valley, adjacent to the channel, which is built of sediments deposited during the present regimen of the stream and which is covered with water when the waterway overflows its banks at flood stage.

(26) "Fundamental change in permit status" means a change in regulatory approval for the operation of an artificial obstruction where the regulatory agency has discretion to impose additional conditions on the applicant, including but not limited to licensing, relicensing, reauthorization or the granting of new water rights, but not including water right transfers or, routine maintenance permits unless the action involves construction or abandonment of an artificial obstruction.

(27) "High fish passage design flow" means the mean daily average stream discharge that is exceeded 5 percent of the time during the period when the Department determines native migratory fish require fish passage.

(28) "Historically" means before 1859 (statehood).

(29) "Inflow" means surface movement of waters of this state from a lower ground surface elevation to a higher ground surface elevation or away from the ocean.

(30) "In-proximity" means within the same watershed or water basin, as defined by the Oregon Water Resources Department, and having the highest likelihood of benefiting the native migratory fish populations, as determined by the Department, directly affected by an artificial obstruction.

(31) "Low fish passage design flow" means the mean daily average stream discharge that is exceeded 95 percent of the time, excluding days with no flow, during the period when the Department determines native migratory fish require fish passage.

(32) "Mitigation" means alternatives to providing fish passage at an artificial obstruction that provide a net benefit to native migratory fish.

(33) "Native migratory fish" means naturally or hatchery produced native fish (as defined under OAR 635-007-0501) indigenous (i.e., not introduced) to Oregon that migrate for their life cycle needs. These fish include all sub-species and life history patterns of the following species listed by scientific name in use as of 2022. Common names are provided for reference but are not intended to be a complete listing of common names, sub-species, or life history patterns for each species.

(a) Acipenser medirostris — Green sturgeon;

(b) Acipenser transmontanus — White sturgeon;

(d) Catostomus columbianus — Bridgelip sucker;

(e) Catostomus macrocheilus — Largescale sucker;

(f) Catostomus microps — Modoc sucker;

(g) Catostomus occidentalis — Goose Lake sucker;

(h) Catostomus platyrhynchus — Mountain sucker;

(i) Catostomus rimiculus — Klamath smallscale sucker;

(j) Catostomus snyderi — Klamath largescale sucker;

(k) Catostomus tahoensis — Tahoe sucker;

(l) Catostomus tsiltcoosensis – Tyee sucker,

(m) Catostomus warnerensis — Warner sucker;

(n) Chasmistes brevirostris — Shortnose sucker;

(o) Deltistes luxatus -- Lost River sucker;

(p) Entosphenus folletti -- Northern California brook lamprey;

(q) Entosphenus lethophagus -- Pit-Klamath brook lamprey;

(r) Entosphenus minimus -- Miller Lake lamprey;

(s) Entosphenus similis -- Klamath River lamprey;

(t) Entosphenus tridentatus -- Pacific lamprey;

(u) Hypomesus pretiosus — Surf smelt;

(v) Lampetra ayresii — Western river lamprey;

(w) Lampretra pacifica -- Pacific brook lamprey;

(x) Lampetra richardsoni -- Western brook lamprey;

(y) Oncorhynchus clarkii — Cutthroat trout;

(z) Oncorhynchus gorbuscha -- Pink salmon;

(aa) Oncorhynchus keta — Chum salmon;

(bb) Oncorhynchus kisutch — Coho salmon;

(cc) Oncorhynchus mykiss — Steelhead, Rainbow and Redband trout;

(dd) Oncorhynchus nerka — Sockeye/Kokanee salmon;

(ee) Oncorhynchus tshawytscha — Chinook salmon;

(ff) Prosopium williamsoni — Mountain whitefish;

(gg) Ptychocheilus oregonensis — Northern pikeminnow;

(hh ) Ptychocheilus sp. -- Siuslaw pikeminnow;

(ii) Ptychocheilus umpquae — Umpqua pikeminnow;

(jj) Salvelinus confluentus — Bull trout;

(kk) Spirinchus thaleichthys — Longfin smelt;

(ll) Thaleichthys pacificus — Eulachon.

(34) "Net benefit" means an increase in the overall, in-proximity habitat quality or quantity that is biologically likely to lead to an increased number of native migratory fish after a development action and any subsequent mitigation measures have been completed.

(35) “No Appreciable Benefit to Providing Fish Passage” means, as determined by the Department using its best professional judgement, fish habitat that would be made accessible, or more accessible, in the reach upstream or downstream of the artificial obstruction, does not currently provide, and will not foreseeably provide before a review occurs in seven years pursuant to ORS 509.585(9)(b), habitat of the type, duration, frequency, quality, or quantity necessary to support one or more life history stages of the native migratory fish that are present, or will foreseeably be present before a review occurs in seven years pursuant to ORS 509.585(9)(b), upstream or downstream of the artificial obstruction.

(36) "Ordinary high water line" (OHWL) means the line on the bank or shore to which the high water ordinarily rises annually in season.

(37) "Oregon Plan" means the guidance statement and framework described in ORS 541.898.

(38) "Over-crowding" means fish density within a pool's wetted volume is such that there is less than 0.25 cubic feet of water per pound of fish for the maximum number of fish expected to be present within the pool at the same time, as determined by the Department.

(39) "Road" means a cleared or built surface, and associated materials or measures for support and safety, used for the purpose of motorized or non-motorized movement between different locations.

(40) "Roadfill footprint" means the area occupied by soil, aggregate, or other materials or structures necessary to support a road, including, but not limited to, wing walls, retaining walls, headwalls, bridge supports, abutments, piers, or scour protection countermeasures.

(41) “Roughened channel” means a fishway designed to provide fish passage which encompasses the entire stream channel and may be over-steepened relative to the long-channel streambed profile, including but not limited to nature-like rock, rock ramp, or engineered-streambed fishways.

(42) "Stream" means a body of running waters of this state moving over the surface of the land in a channel or bed including stream types classified as perennial or intermittent and channelized or relocated streams.

(43) “Structure volume” means volumetric calculation of an existing dam or other artificial obstruction and its elements or components.

(44) "Sub-basin" means a 4th-field hydrologic unit as defined by the U.S. Geological Survey.

(45) "Tailrace" means the water immediately downstream of an instream structure discharging flow to a receiving water body.

(46) "Temporary" means in place less than the in-water work period defined by the Department for a particular location.

(47) "Trap" means the set of human-built or operated facilities, structures, devices, or measures that hold fish and prevent them from passing volitionally.

(48) “Trash rack” means a human built or placed measure used to prevent unwanted materials from entering a fishway, culvert, bridge, water diversion or other structures.

(49) “Trigger” means any event or activity that qualifies as construction, abandonment, or a fundamental change in permit status pursuant to Division 412 rules associated with or at any artificial obstruction that requires an owner or operator of that artificial obstruction to provide fish passage or alternatives to fish passage consistent with such rules. A trigger at one artificial obstruction physically connected to another artificial obstruction requires passage be addressed at both connected structure(s).

(50) "Unforeseen circumstances" means:

(a) An event that causes an existing human-made structure in the waters of this state which provides fish passage to become an artificial obstruction; or

(b) New fish population information indicating that an existing artificial obstruction is placing a local native migratory fish population in jeopardy.

(51) "Volitionally" means with minimal delay and without being trapped, transferred, or handled by any person.

(52) “Waiver” means a fish passage exemption specifically allowed under OAR 635-412-0025 (1)(a) or (b) if the Commission or Department, as applicable, determines that alternatives to providing fish passage at an artificial obstruction, as proposed by the owner or operator of the artificial obstruction, provides a net benefit to native migratory fish.

(53) "Waters of this state" means natural waterways including all tidal and non-tidal bays, intermittent and perennial streams, constantly flowing streams, lakes, wetlands and other bodies of water in this state, navigable and non-navigable, including that portion of the Pacific Ocean that is within the boundaries of Oregon.

(54) "Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

History

Statutory/Other Authority: ORS 496.138 & ORS 509.585
Statutes/Other Implemented: ORS 496.012 & ORS 509.585
DFW 154-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 2-2006, f. & cert. ef. 1-9-06

Or. Admin. R. 635-412-0010 Fish Passage Task Force

(1) The Fish Passage Task Force has nine members who are appointed by the Director.

(2) Three members represent interests subject to the obligation to install fish passage at facilities they install, own or operate; three members represent fishing, environmental or conservation interests, and three members represent the general public.

(3) Members serve four year terms and are eligible for reappointment.

(4) The Task Force shall:

(a) Serve as the public advisory committee and advise the Director, Department, and Commission regarding rulemaking to implement the fish passage and exemption requirements consistent with applicable law;

(b) Prioritize projects from the statewide inventory of artificial obstructions for purposes of restoration and enforcement;

(c) Recommend to the Director, Department, and Commission appropriate levels of funding and special conditions applicable to projects installing fish passage or alternatives to fish passage resulting in a net benefit to native migratory fish;

(d) Select one of its members to serve as chair and one as vice chair;

(e) Review and recommend to the Department or Commission, as applicable, which projects should be exempt;

(f) Report semiannually to the joint legislative committee created under ORS 171.551, or to the appropriate interim legislative committee with responsibility for salmon restoration or species recovery, advising the committee on matters related to fish passage;

(g) After public review and comment, review applications for exemptions of the fish passage requirement, and advise the Commission or Department, as applicable, as to whether an artificial obstruction should be deemed exempt pursuant to ORS 509.585(9);

(h) Perform such other duties relating to fish passage as requested by the Director or Commission;

(i) The Task Force shall meet at such times and places as may be determined by the chair or by a majority of members.

(5) The Department’s Fish Passage Coordinator serves as staff for the Task Force.

(6) The chair of the Task Force conducts the meetings of the Task Force, serves as the main contact point between the Department or Commission and the Task Force, and performs other duties as the Task Force sets. The vice chair of the Task Force shall serve as chair if the chair is unavailable to carry out their duties.

(7) Task Force members may not receive compensation for services as a member of the Task Force; however, in accordance with ORS 292.495, a member of the Task Force may receive reimbursement for actual and necessary travel or other expenses incurred in the performance of official duties.

History

Statutory/Other Authority: ORS 496.138 & ORS 509.585
Statutes/Other Implemented: ORS 496.012 & ORS 509.585
DFW 154-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 10-2002, f. & cert. ef. 2-4-02

Or. Admin. R. 635-412-0015 Prioritization

(1) The Department shall establish a list of priority artificial obstructions at which fish passage would provide the greatest benefit to native migratory fish for restoration and enforcement purposes.

(2) The priority list may exclude artificial obstructions where a legal agreement with the Department or Commission specifically indicates fish passage is not required.

(3) The Department will prioritize working collaboratively with the owners or operators of artificial obstructions on the priority list to establish fish passage.

(4) The priority list shall be based on the current and future needs of native migratory fish.

(5) When determining placement of an artificial obstruction on the priority list, the Department may use existing Department information or professional judgment.

(6) When determining placement of an artificial obstruction on the priority list, the Department shall consider the following factors relative to each artificial obstruction for all native migratory fish currently or historically in waters of this state where the artificial obstruction is located. These factors include but may not be limited to:

(a) The current and future quantity of native migratory fish habitat which is inaccessible;

(b) The current and future quality of native migratory fish habitat which is inaccessible;

(c) The reasonably foreseeable future quantity and quality of native migratory fish habitat given known trends in climate change (e.g., changes in timing and quantity of streamflow and stream temperatures);

(d) Unique or limited native migratory fish habitat which is inaccessible, or should remain inaccessible for fish management purposes;

(e) The biological status of the native migratory fish;

(f) The level of fish passage currently provided at the artificial obstruction;

(g) The presence of other artificial obstructions upstream or downstream and the timeframe native migratory fish will be able to use restored passage; and

(h) Existing agreements with the Department regarding fish passage.

(7) The Department shall field verify the information used for prioritization prior to initiating any enforcement action.

(8) The Department shall make changes to the priority list using the most recent information after enforcement occurs at five priority artificial obstructions or as directed by the Commission.

(9) The Commission shall review and amend the priority list when the Department changes the ranking of barriers on the list, and at least once every five years.

(10) The Department may order an owner or operator of an artificial obstruction on the priority list who has been issued a water right, owns a lawfully installed culvert or owns another lawfully installed obstruction to install fish passage or to provide mitigation within a defined timeframe under any of the following circumstances:

(a) The owner or operator of an artificial obstruction refuses to work cooperatively with the Department;

(b) The Department can arrange for non-owner or non-operator funding of at least 60 percent of the cost for fish passage design, construction, and installation; or

(11) Once the Department has arranged for non-owner or non-operator funding of at least 60 percent of the cost for fish passage design, construction, and installation at an artificial obstruction the owner or operator of an artificial obstruction has two years from the Department’s order to:

(a) Install a fish passage structure according to a fish passage plan approved by the Department; or

(b) Provide mitigation that the Commission determines is a net benefit to native migratory fish.

(12) The relative position of an artificial obstruction on the priority list should not be used as a basis for approving or denying an application for an exemption.

History

Statutory/Other Authority: ORS 496.138 & ORS 509.585
Statutes/Other Implemented: ORS 496.012 & ORS 509.585
DFW 154-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 2-2006, f. & cert. ef. 1-9-06

Or. Admin. R. 635-412-0020 Fish Passage Approval

(1) No artificial obstruction may be constructed or maintained across any waters of this state that are inhabited, or were historically inhabited, by native migratory fish without providing passage for native migratory fish.

(2) Prior to a trigger, an owner or operator of an artificial obstruction shall obtain a determination from the Department as to whether native migratory fish are or were historically present in the waters of this state where the artificial obstruction is located, unless the owner or operator assumes the presence of native migratory fish.

(3) If the Department determines, or the owner or operator assumes, that native migratory fish are or were historically present in the waters of this state where the artificial obstruction is located, prior to a trigger the owner or operator of the artificial obstruction shall either:

(a) Obtain Department approval of a fish passage plan that meets the requirements of OAR 635-412-0035 for the specific artificial obstruction;

(b) Obtain Department programmatic approval of a fish passage plan for multiple artificial obstructions of the same type. The Department may also grant programmatic approval to an agent for multiple owners or operators of artificial obstructions of the same type. Programmatic approvals are only valid so long as the owner or operator complies with the conditions of the programmatic approval. The Department shall only provide programmatic approval if:

(A) Fish passage structures placed subject to the programmatic approval meet and adhere to criteria determined by the Department;

(B) The owner, operator, or agent demonstrates, as determined by the Department, prior experience providing or approving acceptable fish passage structures;

(C) The owner, operator, or agent reports installation information annually to the Department, including but not limited to the location and installation date of all fish passage structures placed under the programmatic approval;

(D) The owner or operator allows, or the agent requires owners or operators to allow, the Department to inspect fish passage structures subject to the programmatic approval at reasonable times; and

(E) The owner, operator, or agent agrees to expeditiously remedy all fish passage structures subject to the programmatic approval which the Department finds do not meet the applicable criteria or conditions of that programmatic approval.

(c) Pursuant to ORS 527.710(6), install and maintain road-stream crossing structures on non-federal forestlands in compliance with State Board of Forestry, through the Oregon Department of Forestry, rules and guidelines that the Department concurs meet the purposes of the Department's fish passage program; or

(d) Obtain an exemption from fish passage requirements for the artificial obstruction as provided in OAR 635-412-0025.

(4) Fish passage plans shall provide for and be implemented such that fish passage is installed at the artificial obstruction prior to completion of or by the end of the same in-water work period as the action which triggered fish passage requirements under subsection (2) of this rule unless:

(a) An owner or operator demonstrates to the Department an imminent or immediate threat to human safety exists which requires construction at a failed artificial obstruction prior to being able to complete the requirements of subsection (3), and the Department approves a fish passage plan in which the requirements of subsection (3) shall be met by the end of the next in-water work period or as soon as practicable as determined by the Department(providing passage at the time of construction is preferred);

(b) The Department or Commission finds additional time is necessary and appropriate given the size and scope of the project;

(c) Installation begins within the same in-water work period as the action that triggered fish passage and the Department finds that additional time to complete installation is necessary and appropriate given the size and scope of the project; or

(d) The Department finds that additional time is necessary and appropriate given the terms and conditions of a negotiated settlement for a federal proceeding or to ensure coordination with other federal requirements.

History

Statutory/Other Authority: ORS 496.138 & ORS 509.585
Statutes/Other Implemented: ORS 496.012 & ORS 509.585
DFW 154-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 2-2006, f. & cert. ef. 1-9-06
DFW 23-2003, f. & cert. ef. 3-26-03

Or. Admin. R. 635-412-0025 Fish Passage Waivers and Exemptions

(1) The Commission (or Department as applicable) may grant exemptions from fish passage requirements at an artificial obstruction if it is determined that:

(a) A lack of fish passage has been effectively mitigated;

(b) The owner or operator has received a legal waiver for the artificial obstruction from the Commission or the Department; or

(2) Waivers from fish passage requirements shall be granted for an artificial obstruction if the Commission (or Department, as applicable) determines that mitigation rather than fish passage proposed by the person owning or operating the artificial obstruction provides a net benefit to native migratory fish.

(3) Net benefit to native migratory fish is determined by comparing the benefit to native migratory fish that would occur if the artificial obstruction had fish passage to the benefit to native migratory fish that would occur as a direct result of the proposed mitigation actions. To qualify for a waiver of the requirement to install fish passage, proposed mitigation must result in a benefit to native migratory fish greater than the benefit to such species that would be provided by fish passage at the artificial obstruction. The net benefit determination shall be based upon conditions that exist at the time of comparison and should consider future conditions (e.g., climate change).

(4) Waivers shall be valid so long as the owner or operator continues to provide the agreed-upon mitigation until the next fish passage trigger at the artificial obstruction or until the Commission or Department determines that circumstances have changed such that the waiver requirements no longer apply, pursuant to ORS 509.585(9)(b).

(5) Exemptions granted under subsection (1)(c) of this rule shall be valid only so long as conditions that justified that exemption do not change, except if:

(a) That exemption has expired;

(b) A trigger occurs with respect to the artificial obstruction subject to that exemption; or

(6) At least once every seven years, the Department shall review, exemptions under subsection (1)(c) of this rule to determine whether such exemptions should be renewed. An exemption granted as a result of an action which triggered fish passage requirements under OAR 635-412-0020(2) tolls the trigger event until the exemption is revoked. Prior to a seven-year review, exemptions under subsection (1)(c) of this rule may be reviewed by the Commission or Department.

(7) To obtain an exemption from fish passage requirements, an owner or operator of an artificial obstruction shall obtain from and submit to the Department an application for either a waiver under subsection (1)(a) or an exemption under section 1(c) of this rule.

(8) Based on application review, verification of the information in the application and of site-specific knowledge, Department staff shall provide a written benefit analysis of whether the proposal in the application meets the applicable requirements. If there is some level of passage at the artificial obstruction, but it does not meet the requirements of OAR 635-412-0035, the effective level of passage shall be factored into the Department's benefit analysis as a reduction in required mitigation measures.

(9) To receive a waiver, an owner or operator of an artificial obstruction shall enter an agreement with the Commission (or Department as applicable) that clearly describes timelines, duties, responsibilities, and options regarding the required mitigation. The agreement shall state that the mitigation shall be completed prior to completion of or by the end of the same in-water work period as the action which triggered fish passage requirements under OAR 635-412-0020, unless the Commission or Department finds that additional time is necessary and appropriategiven the size and scope of the project; or to coordinate with requirements of federal proceedings.

(10) The Commission or Department may require additional mitigation associated with a waiver if the mitigation cannot be or is not completed within the required time frame set forth in the agreement prescribed by subsection (9) of this rule.

(11) Once the application, Department’s written benefit analysis, and a draft agreement are completed, the exemption determination shall be made by:

(a) The Department:

(A) If it determines that the total stream distance, including tributaries, affected by the artificial obstruction for which the exemption under section 1(a) and 1(b) is being sought is less than or equal to 1 mile of current native migratory fish distribution;

(B) For all exemptions proposed to have no appreciable benefit under section 1(c) of this rule; and

(C) For re-authorization of an existing hydroelectric project subject to ORS 543A.030 to 543A.055 and not subject to federal hydroelectric relicensing; or

(b) The Commission:

(A) In all other instances; or

(B) If the Department refers a decision to the Commission.

(12) The decision to grant an exemption shall include the determination described in subsection (8) of this rule as well as approval of the agreement documenting applicable exemption conditions.

(13) The Department may amend or approve changes to the agreement if the changes do not affect the benefit analysis and after a public review and recommendation by the Fish Passage Task Force.

(14) In addition to the Fish Passage Task Force, the Department shall notify the public and provide an opportunity to review and comment on the owner or operator’s request at least three weeks prior to an exemption determination.

(15) The Commission or Department, as applicable may provide further public comment prior to a decision on whether an exemption should be granted.

(16) The Department shall maintain a database of the locations of exempted artificial obstructions and mitigation.

History

Statutory/Other Authority: ORS 496.138 & ORS 509.585
Statutes/Other Implemented: ORS 496.012 & ORS 509.585
DFW 154-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 2-2006, f. & cert. ef. 1-9-06
DFW 23-2003, f. & cert. ef. 3-26-03

Or. Admin. R. 635-412-0030 Fish Passage Protests

(1) A person owning or operating an artificial obstruction may request alternative dispute resolution at any point in the process of determining fish passage requirements.

(2) The owner or operator of the artificial obstruction who objects to a determination made by the Department under these rules may file a protest with the Commission. Protests must be submitted in writing within 30 days from the date the Department posts the determination on its website and must include the grounds for protesting that determination.

(3) The Commission may approve, deny, or modify the Department's proposed or final determination after sufficient opportunity for public review and comment.

(4) If a protest is not filed within 30 days from the date the Department posts the determination from the Department, the Commission’s or Department's determination becomes a final order.

History

Statutory/Other Authority: ORS 496.138 & ORS 509.585
Statutes/Other Implemented: ORS 496.012 & ORS 509.585
DFW 154-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 112-2004, f. & cert. ef. 11-17-04
DFW 23-2003, f. & cert. ef. 3-26-03

Or. Admin. R. 635-412-0035 Fish Passage Criteria

(1) General requirements for fish passage are:

(a) Unless the owner or operator of an artificial obstruction chooses to provide year-round fish passage for all native migratory fish and life history stages, the Department shall determine:

(A) The native migratory fish that are currently or were historically present at the site that must be provided fish passage;

(B) The life history stages the required fish passage must accommodate; and

(C) The periods of the year and any conditions relevant to when fish passage shall be provided for such life history stages and native migratory fish.

(b) The person submitting the fish passage plan to the Department for approval shall submit all information necessary for the Department to efficiently evaluate whether the design will meet fish passage criteria including a description of how climate change impacts have been incorporated into the final design;

(c) If site-specific circumstances indicate that the fish passage criteria are not adequate to provide fish passage at the artificial obstruction, the Department may require in writing that additional fish passage criteria be met;

(d) If the Department determines that the existing or historically present native migratory species or site-specific circumstances warrant an exception to any specific fish passage criterion then the Department may approve such an exception in writing as long as it finds that fish passage will likely still be provided at the artificial obstruction;

(e) All fish passage structures shall be designed considering their upstream and downstream connection and prevent undesirable impacts to fish passage, including but not limited to scour and headcuts;

(f) If federal approval of a fish passage plan is required, the Department shall take into account federal requirements during its review and determination;

(g) The Department may require monitoring and reporting to determine if a fish passage structure meets applicable criteria and is providing fish passage as intended and designed; and

(h) The owner or operator of an artificial obstruction shall maintain the fish passage structure in such repair and operation as to provide fish passage of native migratory fish at all times required by the Department.

(2) Requirements for fish passage at dams and other artificial obstructions which create a discontinuity between upstream and downstream water surface or streambed elevations are:

(a) Fishways shall provide fish passage at all flows within the design streamflow range and should be analyzed using estimates for the projected life expectancy of the structure;

(b) The fishway entrance shall be located and adequate attraction flow shall be provided at one or more points where fish can easily locate and enter the fishway;

(A) Range between 1 and 2 feet per second in transport channels;

(B) Average no greater than 5 feet per second in baffled-chute fishways, including but not limited to Alaska steeppasses and denils; and

(C) Not exceed 8 feet per second in discrete fishway transitions between the fishway entrance, pools, and exit through which fish must swim to move upstream, including but not limited to slots, orifices, or weir crests.

(d) At any point entering, within, or exiting the fishway where fish are required to jump to move upstream, the maximum difference between the upstream and downstream water surface elevations shall be 6 inches, except it shall be 12 inches if only adult salmon or steelhead require fish passage;

(e) In fishway locations through which fish must swim, water depths shall be a minimum of 6 inches where only juveniles require passage and 12 inches where adults require passage, except:

(A) Baffled-chute fishways, including but not limited to Alaska steeppasses and denils, shall have a minimum flow depth of 2 feet throughout the length of the fishway; and

(B) Water depths shall be a minimum of 2 feet within jump pools which shall be located downstream of any point entering, within, or exiting the fishway where fish are required to jump to move upstream.

(f) All fishway locations through which fish must swim shall be at least 12 inches wide, except vertical slot weir width may be 6 inches where the Department has determined the artificial obstruction is required to provide fish passage only for juvenile native migratory fish;

(g) Fishway pools shall:

(A) Be sized according to the applicable native migratory fish and life history stages and to avoid over-crowding;

(B) Have V ≥ wQH/4 at all flows within the design streamflow range, where:

(i) "V" is the water volume in cubic feet;

(ii) "w" is 62.4, the unit weight of water, in pounds per cubic foot;

(iii) "Q" is the fish ladder flow in cubic feet per second;

(iv) "H" is the energy head of pool-to-pool flow in feet; and

(v) 4 has a unit of foot-pounds per second per cubic foot.

(C) Where the fishway changes direction 90 degrees or more, have turning pools with a flowpath centerline double the length of non-turning pools; and

(D) Be placed at least every 25 feet of horizontal distance in baffled-chute fishways, including but not limited to Alaska steeppasses and denils;

(h) The fishway exit should be located to minimize the risk of fish unintentionally falling downstream of the artificial obstruction, or into a water diversion;

(i) Fishway trash racks shall:

(A) Allow for easy maintenance and debris removal;

(B) Be maintained and cleaned as necessary to provide fish passage;

(C) Have a minimum clear space between vertical members of 10 inches, except at least 4 inches shall be provided if only juveniles are present; and

(D) Have a minimum clear space between horizontal members of 24 inches;

(j) The fishway shall:

(A) Have water temperatures which are within 1 degree Fahrenheit of the water entering the fishway;

(B) Be designed to assure that fish do not leap out of the fishway;

(D) Not have protrusions that extend into the flow path of the fishway;

(E) Not expose fish to any moving parts;

(F) Be designed to avoid turbulence and hydraulic transition flow conditions as much as possible;

(G) Have as much ambient lighting as possible and avoid lighting transitions;

(H) Have fishway components which are not detailed in OAR 635-412-0035(2), including but not limited to auxiliary water systems, designed considering the most recent National Marine Fisheries Service or U.S. Fish and Wildlife Service fish passage criteria and guidelines;

(I) Meet the species-specific requirements in OAR 635-412-0035(7) if any of those native migratory fish require fish passage;

(k) Requirements for specific types of fishways include:

(A) Baffled-chute fishways, including but not limited to Alaska steeppasses and denils, shall not be used in areas where downstream passage will occur through the baffled-chute fishway; and

(B) All fishways of a specific type with accepted configurations shall comply with those configurations.

(l) Requirements for fishways which encompass the entire channel include:

(A) Roughened channels or nature-like fishway designs shall:

(i) Meet the requirements of OAR 635-412-0035(3)(a)(A) (ii), (iv), (v)(II through VII), or OAR 635-412-0035(3)(b);

(ii) Not have a slope that exceeds 6 percent, unless the average natural stream slope exceeds 6 percent; and

(iii) Contain partially buried over-sized boulder or boulder clusters to provide structural integrity and localized areas of lower water velocity.

(B) Stream channel-spanning weirs shall:

(i) Rise toward each bank from a low flow section centered along the thalweg of the channel;

(ii) Have a downstream jump pool with a minimum depth of 2 feet;

(iii) Have a maximum difference in elevation of 6 inches between the lowest point on the weir and the downstream pool's water surface control point;

(iv) Be sealed if fish passage during low flows is required;

(v) Be spaced at least 1.5 active channel widths apart if there are multiple weirs and recommend consideration of wider spacing when appropriate; and

(vi) Extend into the streambank a sufficient distance to protect against flanking;

(C) All fishway entrances or flow outlets shall be designed to provide passage or be designed to only be used during a period(s) defined by the Department.

(D) Fish passage plans for hybrid fishways that may combine features of several established fishway types shall have criteria established by the Department on a case-by-case basis and shall clearly demonstrate how water depths, water velocities, water surface jump height differentials or energy dissipation provides hydraulic conditions that achieves fish passage;

(m) For downstream fish passage:

(A) Fish passage structures shall have an open water surface, except a submerged or enclosed conduit or orifice may be used if:

(i) Acceptable guidance or collection mechanisms are used and kept free from debris;

(ii) Water depth is greater than 4 inches during all flows;

(iii) Water velocity is greater than 2 feet per second during all flows;

(iv) Water is not pumped;

(v) Conduits have smooth surfaces and avoid rapid changes in direction to preclude fish impact and injury; and

(vi) Conduits are at least 10 inches wide.

(B) Plunging flow moving past an artificial obstruction via spillways, outlet pipes, or some other means which may contain fish shall:

(i) At all flows, fall into a receiving pool of sufficient depth, depending on impact velocity and quantity of flow, to ensure that fish shall not impact the stream bottom or other solid features; and

(ii) Have a maximum impact velocity into a receiving pool, including vertical and horizontal velocity components, less than 25 feet per second; and

(D) Fish screening and bypass devices installed to protect downstream migrating fish should be constructed to Department specifications and must meet Department criteria when installation is required.

(3) Requirements for fish passage at road-stream crossing structures such as bridges and culverts are:

(a) Stream Simulation Option (preferred design alternative) where:

(A) Open-bottomed and closed-bottom road-stream crossing structures shall have beds under or within the structure that:

(i) Are equal to or greater than the active channel width multiplied by 1.2 plus 2 feet, as measured at sufficient locations outside the influence of any artificial or unique channel constrictions or tributaries both upstream and downstream of the site;

(ii) Are equal to the slope of, and at elevations continuous with, the surrounding long-channel streambed profile, unless the Department approves maintaining a pre-existing road-impounded wetland;

(iii) Have, for open-bottomed road-stream crossing structures, a minimum of 3 feet vertical clearance from the active channel width elevation to the inside top of the structure;

(iv) Maintain average water depth and velocities that simulate those in the surrounding stream channel; and

(v) Are composed of material that:

(I) Assures the bed under or within the road-stream crossing structure is maintained through time;

(II) Is either natural (similar size and composition as the surrounding stream) or supplemented to address site-specific needs including, but not limited to, bed retention and hydraulic shadow;

(III) Contains partially-buried, over-sized rock;

(IV) Is mechanically placed during structure installation rather than allowed to naturally accumulate, unless the surrounding streambed is primarily bedrock;

(V) Excluding partially-buried over-sized rock, is, for closed-bottom road-stream crossing structures, at a minimum depth of 20 percent of the structure height;

(VI) Considers bed scour and stability of the bed material due to the confined flow through the crossing structure. Major structural components within the crossing should be designed for structural stability at the 100 year flood flow; and

(VII) Contains a low flow thalweg.

(B) Trash racks shall:

(i) Allow for easy maintenance and debris removal;

(ii) Be maintained, monitored, and cleaned as necessary to provide fish passage;

(iii) Not extend below the active channel width elevation;

(iv) Have a minimum of 10 inches clear spacing between vertical members; and

(v) Have a minimum clear space between horizontal members of 12 inches.

(i) Allow for easy maintenance and debris removal;

(ii) Be maintained, monitored, and cleaned as necessary to provide fish passage;

(iii) Have a minimum clear space between vertical and horizontal members of 6 inches when only resident trout, Entosphenus and Lampetra species (lamprey) species are present;

(iv) Be approved on a case by case basis in areas with salmon, steelhead, bull trout, or other large bodied species.

(D) Unvented and vented ford crossings shall meet the requirements of OAR 635-412-0035(2) and 635-412-0035(3)(b); and

(i) Be located outside of all known or suspected fish spawning areas such as pool tail-outs;

(ii) Be constructed perpendicular to the stream flow;

(iii) Minimize the width (perpendicular to streamflow);

(iv) Maintain similar water depths and flow velocities as surrounding stream during the design stream flows; and

(v) Have a low flow channel constructed within the crossing.

(E) Unvented ford crossings shall meet design criteria in OAR 635-412-0035(3)(a) and be constructed using materials approved by the Department that shall:

(i) Not be comprised of broken concrete, pavement or other debris;

(ii) Be comprised of clean washed gravel and rock;

(iii) Be countersunk and vertically align with the existing stream channel profile and gradient;

(iv) Be designed to allow natural bedload transportation;

(v) Be designed to withstand overtopping flood events;

(vi) Be used during periods of no or low stream flow; and

(vii) Be regularly inspected and maintained to provide fish passage.

(F) The Department may authorize construction of new fords in limited situations when it is the least impacting water crossing option. The following are examples of situations where the Department may authorize an unvented ford:

(i) The stream has extreme seasonal flow variations and low flows during anticipated ford use;

(ii) The channel has low bank height and low gradient approaches;

(iii) The stream has dynamic flood plains, such as alluvial fans; or

(iv) The stream is subject to mass wasting events, debris transport, or extreme peak flows.

(b) Alternative Option: the Department may approve road-stream crossing structures for which clear justification, based on fish performance, fish behavior data, and proposed post treatment hydraulic conditions (e.g., water depths, water velocities, and gate time open) is provided that demonstrates that the alternative design provides fish passage.

(4) Requirements for fish passage at artificial obstructions in estuaries, and above which a stream is present, are:

(a) Fish passage shall be provided at all current and historic channels;

(b) Fish passage structures shall meet the criteria of OAR 635-412-0035(2) or (3), except fish passage structures shall be sized according to the cumulative flows or active channel widths, respectively, of all streams entering the estuary above the artificial obstruction; and

(A) Be a minimum of 4 feet wide unless the natural channel conditions are less than 4 feet wide;

(B) Consist of an aluminum tide gate door or other equivalent light weight material;

(D) Meet the requirements of OAR 635-412-0035(2) or 635-412-0035(3)(b) within the design streamflow range and for an average of at least 51 percent of tidal cycles, excluding periods when the channel is not passable under natural conditions;

(i) Design streamflow range shall include tidal exchange, freshwater stream discharge and water storage volumes draining to the tide gate:

(ii) Design streamflow range should consider sub-surface flows if appropriate at the project location;

(E) Design invert elevation of tide gate and associated structure to be placed at 1 foot below Mean Lower Low Water elevation or as otherwise appropriate for the site to prevent perched low flow fish passage conditions and allow proper tide gate function;

(F) Consider the use of pet doors, mitigators, self-managed and self-regulating tide gate devices to maximize fish passage, time of tide gate door openness, water exchange, and tidal inundation if the tide gate is associated with high priority restoration habitat; and

(G) Submit a water management plan for projects implementing self-managed or self-regulating devices.

(5) Requirements for fish passage at artificial obstructions in estuaries, floodplains, and wetlands, and above which no stream is present, are:

(a) Downstream Fish Passage shall be provided:

(A) After any inflow which contains native migratory fish;

(B) Until water has drained from the estuary, floodplain, or wetland, or through the period determined by the Department that shall be based on one, or more of, the following:

(i) A specific date;

(ii) Water temperature, as measured at a location or locations determined by the Department;

(iii) Ground surface elevation;

(iv) Water surface elevation; or

(v) Some other reasonable measure; and

(C) Egress delays may be approved by the Department based on expected inflow frequency and suitable habitat exists and as long as passage is provided by the time the conditions in OAR 635-412-0035(5)(a)(B) occur;

(D) A minimum egress flow of 0.25 cubic feet per second (cfs) at one point of egress shall be provided;

(E) Egress flow of 0.5 cfs per 10 surface acres, for at least the first 100 surface acres of impounded water, shall be provided;

(F) All plunging egress flows shall meet the requirements of OAR 635-412-0035(2)(l)(B);

(G) If egress flow is provided by a pump, it shall be appropriately screened;

(H) The water depth and width through or across the point of egress shall be at least 4 inches;

(I) The ground surface above the artificial obstruction shall be sloped toward the point(s) of egress to eliminate isolated pools and topographic conditions that may entrain native migratory fish; and

(J) An uninterrupted, open connection with a minimum water depth of 4 inches shall be present from the point of egress to the downstream waters of this state, unless another connection is provided as per OAR 635-412-0035(2)(l)(A).

(b) Upstream Fish Passage shall be provided:

(A) If the Department determines there is current or historic native migratory fish spawning or rearing habitat within the estuary, floodplain, or wetland area impounded by the artificial obstruction; and

(B) During the period determined by the Department.

(6) Requirements for fish passage by trap collection and transport include:

(a) A permit issued by the Department is required to take fish when operating traps;

(b) Traps shall be constructed and operated to prevent physical or physiological injury to native migratory fish;

(d) Traps located within a fishway (i.e., "in-ladder" traps) shall not inhibit native migratory fish from entering the fishway or trap and shall be removed if the Department determines that fish are not entering the trap;

(e) Traps should be constructed and operated so native migratory fish proceed through traps with minimal delay and are removed from traps as frequently as necessary to avoid over-crowding;

(f) All native migratory fish, excluding those which have approved take authorization from the Department and that do not require fish passage as per OAR 635-412-0035(1)(a), shall be returned to the stream by one of the following methods:

(A) Movement from the trap to immediately-adjacent water which has fish passage; or

(B) Transport within a watered container, including but not limited to lifts, hoppers, locks, and trucks, from the trap to a location approved by the Department; and

(g) Traps shall be utilized where the feasibility of other fish passage structures or other site-specific considerations warrant use of trap collection and transport, or otherwise, the Department determines, using its professional judgment, trap collection and transport will result in an effective means of ensuring access to habitat above or below the artificial obstruction by native migratory species.

(7) Additional requirements for specific native migratory fish are:

(a) Acipenser species (sturgeon):

(A) The fish passage structure shall not require fish to jump when entering, within, or exiting the structure;

(B) The fish passage structure, including trash racks, shall be sized to accommodate the largest individual expected to require fish passage;

(D) Turning pools within the fish passage structure must be designed to allow for fish passage of a native migratory species at least 2 body lengths of the largest individual native migratory species currently or historically in the waters affected by the artificial obstruction.

(b) Catostomus , Chasmistes , and Deltistes species (suckers):

(A) The fish passage structure shall not require fish to jump when entering, within, or exiting the structure;

(B) Fishways shall:

(i) Have a maximum water velocity of 4 feet per second;

(ii) Have a minimum water depth of 12 inches;

(iii) Maximize downstream flow between pools to avoid back eddies;

(iv) Have curved walls within turning pools; and

(v) Have a slope less than 4 percent.

(A) Fishways and associated structures (e.g., dams and spillways) shall have 4 to 6 inch smooth rounded radii edge surfaces (floors, aprons, walls, and weir crests) over which Entosphenus and Lampetra species may pass;

(B) Fishways shall not have water surface to water surface jumps or overhanging surfaces unless fishway surfaces have a 4 to 6 inch smooth rounded radii (floors, walls and weir crests) over which Entosphenus and Lampetra species may pass;

(i) Has a smooth, continuous, impermeable, uninterrupted surface or a simulated streambed;

(ii) Has water velocities over the structure's surface less than 8 feet per second; and

(iii) Is wetted;

(D) Denil fishways shall not be used unless an alternative passage route is provided;

(E) Traps, picketed leads, picket weirs, auxiliary water supply grating or any other fishway grating shall have a spacing of less than 0.7 inches to preclude lamprey passage, or greater than 1.0 inch to allow lamprey to pass through;

(F) Fishway wall diffusers for auxiliary water supply shall be located at least 6 inches above finish floor of fishway pool;

(G) Auxiliary water floor diffusers shall be avoided if possible, but if necessary shall be located to provide at least 12 inches width of continuous smooth floor passage route along fishway floor;

(H) Fishway designs shall consider orifice flow if Entosphenus or Lampetra species are present.

(I) Orifices shall be positioned flush with the fishway floor and flush along one fishway wall; and

(J) Lamprey Passage Structures (Lamprey Ramps) shall be considered when retrofitting existing artificial obstructions to improve conditions for upstream migration of Entosphenus and Lampetra species.

(d) Oncorhynchus species (trout and salmon): fish passage structures for Oncorhynchus keta (chum) shall not require fish to jump when entering, within, or exiting the structure.

(e) Ptychocheilus species (pikeminnow): fish passage structures shall meet the requirements of OAR 635-412-0035(7)(a).

(f) If more than one native migratory fish species requires passage at a site and the requirements for the different species are mutually exclusive, the Department shall determine the required passage criteria.

(8) Requirements for artificial obstruction removal are:

(a) Artificial obstruction removals shall follow the requirements of OAR 635-412-0035(10);

(b) If not completely removed, no parts of the remaining artificial obstruction shall:

(A) Constrict the stream channel; or

(B) Cause low flow depths less than the surrounding stream channel.

(d) The stream channel restoration shall address impacts to stream habitat caused by the artificial obstruction while in place and by its removal, including but not limited to upstream and downstream channel degradation, and provisions shall be made to address unexpected fish passage issues resulting from removal.

(9) Requirements for exclusion barriers are:

(a) When fish passage is not required or is provided by other means, exclusion barriers shall only be placed in the following situations:

(A) To guide fish to an approved fish passage structure or trap;

(B) To prevent fish from leaving waters of this state and entering human-made water supply conduits;

(C) To prevent fish from entering waters of this state associated with operations of another artificial obstruction that could lead to fish injury; or

(D) To achieve other fish management objectives approved in writing by the Department; and

(b) Exclusion barriers shall comply with National Marine Fisheries Service or U.S. Fish and Wildlife Service criteria.

(10) Requirements for fish passage during construction of fish passage structures and periods when temporary artificial obstructions are in place are:

(a) All fish passage structures shall be constructed and temporary artificial obstructions shall be in place only during the Department approved site-specific in-water work period;

(b) At times indicated by the Department as per OAR 635-412-0035(1)(a), downstream fish passage shall be provided and:

(A) The outfall of a stream flow bypass system shall be placed to provide safe reentry of fish into the stream channel; and

(B) If downstream fish passage during construction is not required and stream flow is pumped around the site, the site shall meet Department screening or bypass requirements.

(c) At times indicated by the Department as per OAR 635-412-0035(1)(a), upstream fish passage shall be provided and shall be based on the wetted-width or flows of the stream during the period of construction or temporary obstruction;

(d) In-stream construction sites shall be isolated from stream flow and fish;

(e) Prior to in-stream construction activities, all fish shall be safely collected, removed from the construction site or de-watered reach, and placed in the flowing stream outside of the areas of project impacts by an authorized person with an ODFW Fish Rescue Salvage Authorization issued by and following the guidance of the Department; and

(f) After construction, the construction site shall be re-watered slowly and in a controlled manner to prevent loss of downstream surface water as the construction site's streambed absorbs water.

(11) Requirements for experimental fish passage structures are:

(a) Experimental fish passage structures shall only be allowed in waters of this state after:

(A) Laboratory testing with native migratory fish or similar species indicates that the structure provides fish passage;

(B) Field testing with a prototype structure, at a location where existing fish passage will not be compromised and where fish passage does not need to be addressed under OAR 635-412-0020(2) and (3), indicates that the structure will provide fish passage; and

(C) In addition to information needed to evaluate the structure's design for the specific location, the following are submitted to and approved by the Department:

(i) A written summary of the laboratory and field testing and how the results indicate that fish passage shall be provided;

(ii) A monitoring and reporting plan to determine if the installed experimental fish passage structure meets applicable design objectives and is providing fish passage; and

(iii) A modification plan for the experimental fish passage structure if monitoring indicates that fish passage is not being provided, including standard thresholds that once met will require owner or operator to initiate these modifications.

(b) If at any time an experimental fish passage structure is deemed by the Department in writing to not provide fish passage, the owner or operator, in consultation with the Department, shall make such modifications to the structure or operation as are necessary to provide fish passage, and, after a reasonable period, if modifications are deemed by the Department in writing to not provide fish passage, a fish passage structure that meets the standard criteria of OAR 635-412-0035 shall be installed as soon as practicable but no later than the end of the next complete in-water work period after notification by the Department, unless the Department determines additional time is necessary;

(c) The owner or operator of an experimental fish passage structure shall allow the Department to inspect experimental fish passage structures at reasonable times;

(d) Five years after the experimental fish passage structure is installed and fish are present to attempt passage a final monitoring report shall be submitted to the Department and the Department shall determine if the experimental fish passage structure provides fish passage; and

(e) The Department may consider a fish passage structure to no longer constitute an experimental fish passage structure after the Department finds three such structures of the same design concept placed in waters of this state effectively provide fish passage.

History

Statutory/Other Authority: ORS 496.138 & ORS 509.585
Statutes/Other Implemented: ORS 496.012 & ORS 509.585
DFW 154-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 2-2006, f. & cert. ef. 1-9-06

Or. Admin. R. 635-412-0040 Mitigation Criteria

(1) Mitigation shall not be allowed for artificial obstructions located in, or which would prevent access to, "Habitat Category 1" habitat for native migratory fish as described in OAR 635-415-0025(1).

(2) Mitigation options include:

(a) Providing fish passage at another pre-existing artificial obstruction which is not required to address fish passage under OAR 635-412-0015 or 635-412-0020;

(b) Restoration or enhancement of native migratory fish habitat;

(c) Implementing measures that directly increase naturally-produced native migratory fish populations, especially sensitive or state or federally listed species through implementation of fish management measures; and

(d) Implementation of other actions specifically approved by the Commission or Department.

(3) Mitigation shall not include any activity that is a requirement or condition of any other agreement, law, permit, or authorization except if it is also for fish passage mitigation of the same action at the artificial obstruction for a different level of government.

(4) Unless a fish passage waiver for a site has already been obtained and mitigation has been provided, mitigation activities shall not be completed prior to a decision regarding a fish passage waiver.

(5) The Department shall approve final mitigation plans, including designs as applicable, in writing prior to implementation.

(6) Mitigation actions that provide fish passage shall meet the fish passage criteria contained in OAR 635-412-0035.

(7) The Commission or Department may require the posting of a bond or other financial instrument to cover the cost of mitigation actions or providing fish passage at the artificial obstruction if implementation of the mitigation action or providing fish passage does not achieve its goals.

(8) An owner or operator of an artificial obstruction is responsible for maintaining, monitoring, evaluating the effectiveness of, and reporting on mitigation.

(9) Mitigation:

(a) Shall be conducted in-proximity to the artificial obstruction, with respect to geographic scope;

(b) Shall have habitat type and quality which is more beneficial than that affected by the artificial obstruction, if mitigation is passage into, restoration of, or enhancement of habitat;

(d) Shall have a clear benefit for those native migratory fish species affected at the artificial obstruction if their status is listed as "threatened" or "endangered" under the state or federal Endangered Species Act;

(e) Shall have standards for monitoring and evaluating, and include adaptive management approved by the Department, that assure that the goal of the mitigation is achieved and maintained, and which are detailed in the agreement required in OAR 635-412-0025(9);

(f) Shall be considered if the owner or operator of the artificial obstruction believes the feasibility of fish passage at the artificial obstruction is less than that for mitigation;

(g) Shall attempt to restore or enhance historic conditions;

(h) To the extent possible, shall be consistent with existing native migratory fish or watershed management plans;

(i) May qualify for financial incentives or grants issued by the Department. The Department will not factor into its written benefit analysis the owner’s or operator’s cost for mitigation or fish passage at an artificial obstruction, nor any financial incentives or grants issued by the Department;

(j) Shall be consistent with the purpose and goals of the Oregon Plan.

(10) The Department or Commission, as applicable, in determining the sufficiency of proposed mitigation:

(a) May require quantification of baseline conditions before a decision regarding a fish passage waiver is made in situations with no existing information, which require recent of updated information, or situations which have no clear benefit to native migratory fish species;

(b) May require data collection and evaluation as directed by the Department, by the owner or operator before a decision regarding a fish passage waiver is made in situations with no existing information, which require recent information, or which have no clear benefit;

(c) Shall consider the extent to which the proposed mitigation is likely to occur independent of a fish passage waiver; and

(d) Shall consider actions that anticipate the expected effects of climate change, which may include but is not limited to effects to streamflows, water temperatures, sediment transport, fish passage facility performance, biological responses, risk and uncertainty, and the importance of protecting and restoring habitat for native migratory fish.

History

Statutory/Other Authority: ORS 496.138 & ORS 509.585
Statutes/Other Implemented: ORS 496.012 & ORS 509.585
DFW 154-2022, amend filed 12/19/2022, effective 01/01/2023
DFW 2-2006, f. & cert. ef. 1-9-06

Or. Admin. R. 635-412-0045 Environmental Restoration Weirs

Definitions; In addition to the definitions in OAR 635-412-0005, for the purpose environmental restoration weirs the following definitions shall apply:

(1) “Ancient floodplain” means channel adjacent areas and surfaces constructed by fluvial processes that functioned as floodplains or areas for overbank deposition prior to channel incision.

(2) “Applicant” means a person applying for the Department’s approval of the construction of an environmental restoration weir as defined in this section.

(3) “Environmental restoration weir” means one or more structures that are constructed:

(a) For the purpose of delaying or slowing, but not preventing, streamflow to promote restoration of stream and habitat conditions;

(b) Such that the structures do not store or appropriate water in a manner that would require a permit from the Oregon Water Resources Department;

(c) To be no larger than necessary to cause overbank flooding onto the lands constituting the ancient floodplain during ordinary periods of high streamflow. Ordinary periods of high streamflow are times when the water elevations would reach the ordinary high water line in an unaltered stream condition; and

(d) From wood (including untreated fence posts), earth, dirt, rock or other natural materials. Treated wood, metal, concrete, gabions or other engineered material do not qualify as natural materials.

(4) “Healthy native migratory fish population” means a population of native migratory fish that, as determined by the Oregon Department of Fish and Wildlife:

(a) Demonstrates appropriate life stages throughout the year; and

(b) Reproduces at sufficient levels to be a self-sustaining population into the foreseeable future.

(5) “Incised or eroded stream” means a stream that has been scoured by erosion to the extent that the channel bed elevation has lowered relative to its ancient floodplain and the stream has lost connectivity with the ancient floodplain, as characterized by:

(a) The loss of natural wetland, riparian or meadow conditions in the adjacent surfaces;

(b) The absence of overbank flooding or deposition during ordinary periods of high streamflow;

(d) The presence of dry land species that have encroached from adjacent uplands, including but not limited to sagebrush, bunch grass, juniper and pine.

(6) “Qualifying stream” means an incised or eroded stream, a designated reach of an incised or eroded stream or a designated set of adjacent reaches of an incised or eroded stream that, prior to commencement of a project approved by the Department:

(a) Has an estimated median monthly natural streamflow of less than one cubic foot per second during at least two months of the year;

(b) Has not had a healthy native migratory fish population for at least three years prior to the time of Department approval; and

(c) Is incised or eroded to the extent that the channel bed elevation has lowered by two feet or more relative to the elevation of the ancient floodplain.

(7) “Reach” means a section of a stream that is similar in flow topography and habitat characteristics and is between 50 and 500 feet in length.

(8) “Summit of the Cascade Mountains” means a line beginning at the intersection of the northern boundary of the State of Oregon and the western boundary of Wasco County, thence southerly along the western boundaries of the counties of Wasco, Jefferson, Deschutes and Klamath to the southern boundary of the State of Oregon.

History

Statutory/Other Authority: ORS 509.580, ORS 509.585 & HB2298 (2021)
Statutes/Other Implemented: HB2298 (2021)
DFW 31-2022, adopt filed 03/23/2022, effective 03/23/2022

Or. Admin. R. 635-412-0050 Eligibility Criteria

(1) If the Department determines, or the applicant assumes, that native migratory fish are present in a qualifying stream, prior to construction of the environmental restoration weir the applicant shall obtain Department approval of a fish passage plan that is consistent with criteria set forth in OAR 635-412-0035.

(2) If the Department determines that native migratory fish are not present in a qualifying stream prior to the date of construction of environmental restoration weirs, the applicant is exempt from the requirements of ORS 509.585 and applicable provisions of OAR 635, Division 412, unless and until the Department determines that native migratory fish have returned to the qualifying stream.

(3) If, after construction of an environmental restoration weir, the Department determines that native migratory fish have returned to the qualifying stream, the Department may require the owner of that environmental restoration weir to either:

(a) Obtain Department approval of a fish passage plan that:

(A) Can be constructed from locally available natural materials; and

(B) Includes modifications recommended by the Department unless the owner of the environmental restoration weir demonstrates to the Department that the proposed modifications will not be economically practicable. To determine if the modifications are economically practicable, the Department may evaluate information including but not limited to:

(i) the cost of the original project;

(ii) the cost of the recommended modifications; and

(iii) the habitat value of the restoration project; or

(b) Obtain Department approval of mitigation that provides a net benefit to native migratory fish consistent with ORS 509.585 and criteria set forth in OAR 635-412-0040.

(c)If the Department requires the owner of an environmental restoration weir to obtain Department approval of a fish passage plan or mitigation proposal pursuant to this subsection (3), the owner of the environmental restoration weir must submit a sufficient plan or proposal, as applicable, within 60 days unless the Department determines an extension is warranted.

(4) The Department may authorize a project for stream restoration and habitat improvement through the construction of environmental restoration weirs only if:

(a) The project involves construction of environmental restoration weirs on one or more qualifying streams located in any historically closed basin:

(A) From which water does not flow to the Pacific Ocean; and

(B) That is located east of the summit of the Cascade Mountains;

(b) Construction of the environmental restoration weirs will be completed no later than July 1, 2031;

(c) The project complies with local floodplain regulations if the project is located within an area subject to floodplain management;

(d) Construction of environmental restoration weirs has not begun prior to the date of the Department’s approval;

(e) The project is unlikely to adversely impact transportation infrastructure or planned transportation infrastructure as determined by the Oregon Department of Transportation;

(f) The project will not store or appropriate water in a manner that would require a permit from the Oregon Water Resources Department;

(g) The Department has approved a fish passage plan for the project if such approval is required by section (1) of this rule;

(h) The planned project, including but not limited to timing of construction, material, size, location, and other information contained in the application regarding historic features on landscape and rationale for the project, demonstrate, as determined by the Department, that the project is likely to produce the intended ecological benefits of stream restoration and habitat improvement; and

(i) The Department determines that the environmental restoration weir is no larger than necessary to cause overbank flooding during ordinary periods of high streamflow.

History

Statutory/Other Authority: ORS 509.580, ORS 509.585 & HB 2298 (2021)
Statutes/Other Implemented: HB 2298 (2021)
DFW 31-2022, adopt filed 03/23/2022, effective 03/23/2022

Or. Admin. R. 635-412-0055 Application Material

Any application for projects involving construction of environmental restoration weirs must utilize the Department’s application form and specifically describe how the project will meet all the eligibility criteria set forth in OAR 635-412-0050 and facilitate stream restoration and habitat improvement. The Department may require the application to include:

(1) A description of the current habitat conditions, rationale for the project, and intended impact of the environmental restoration weirs, including whether beaver restoration is an intended outcome;

(2) Information on the planned construction timing, location, and number of environmental restoration weirs in the qualifying stream;

(3) Photographs of all the proposed environmental restoration weir construction sites sufficient to meet pre-project monitoring requirements;

(4) A description of stream management and adjacent land use plans, descriptions of any efforts already undertaken to address historic factors contributing to habitat degradation and future efforts that will be implemented to protect habitat restoration;

(5) Plans, drawings, or pictures documenting stream measurements including active channel width, height of ordinary high water line, height of ancient floodplain above stream bottom, and the size and material source and composition of the environmental restoration weirs;

(6) Written documentation from the Oregon Water Resources Department (OWRD) stating:

(a) Whether injury to other water rights is likely to occur if the proposal is implemented as described in the application;

(b) Whether any manipulation of water during any phase of construction is likely to cause injury to any existing water right; and

(7) Information on location and type of nearest downstream road crossing; and

(8) Plans demonstrating fish passage meets the criteria set forth in OAR 635-412-0035, if the project is in a qualifying stream reach where native migratory fish are present.

History

Statutory/Other Authority: ORS 509.580, ORS 509.585 & HB 2298 (2021)
Statutes/Other Implemented: HB 2298 (2021)
DFW 31-2022, adopt filed 03/23/2022, effective 03/23/2022

Or. Admin. R. 635-412-0060 Conditions of Approval

(1) The Department may require third-party monitoring as a condition of approval.

(2) Brush and trees removed in association with construction of an environmental restoration weir must be replanted with native riparian vegetation. Removal of vegetation shall not be more than required to access the project site.

(3) Planting or removal of brush and trees from stream banks and riparian areas as part of an authorized project are not subject to riparian management requirements established under the Oregon Forest Practices Act. The State Forester must be notified if there is any sale, barter, or trade of timber material resulting from the removal of trees associated with the project.

(4) Construction of environmental restoration weirs must be done either when the stream is dry, during the appropriate Department in-water work window, or by arrangement with the Department.

(5) For streams with flowing water at the time of construction, best efforts shall be used to prevent erosion and minimize soil movement and turbidity including:

(a) Stabilizing exposed soils during and after construction to prevent erosion and turbidity. To prevent erosion the Department recommends protecting soil stockpiled during rain events or when the stockpile site is not moved or reshaped for more than 48 hours by use of:

(A) Compost berms;

(B) Impervious materials; or

(b) Unless areas are frozen solid or under dry summer conditions, all construction access points through, and staging areas in, riparian and wetland areas must use methods to prevent soil compaction, excluding the soil or materials used in the environmental restoration weir;

(c) At project completion, disturbed areas with soil exposed by construction activities must be stabilized by mulching and native vegetative plantings/seeding;

(d) Unless incorporated in the environmental restoration weir, dredged or other excavated material must be placed on upland areas having stable slopes and must be prevented from eroding back into waterways and wetlands;

(e) The owner of the environmental restoration weir should inspect and maintain erosion control measures as necessary to ensure their continued effectiveness until soils become stabilized;

(f) All erosion control structures must be removed when the project is complete, and soils are stabilized and vegetated; and

(g) Unless otherwise approved by the Department based on site-specific conditions, the work area must be isolated from flowing water during construction or other methods must be in place to prevent downstream turbidity. All structures and materials used to isolate the work area must be removed immediately following construction and water flow returned to pre-construction conditions.

(6) Petroleum products, chemicals, wood treated with leachable preservatives or other deleterious waste materials must not enter the qualifying stream. Machinery and equipment staging, cleaning, maintenance, refueling, parking, and fuel storage must be at least 150 feet from the stream channel to prevent contaminates from entering waters of this state. Refueling is to be confined to a designated area to prevent spillage into waters of this state.

(7) Operating machinery within the stream channel should be minimized as much as possible. All machinery operated within the stream channel must be in good working order, inspected for leaks prior to each use, and maintained to prevent leakage of fuels, oils, or other fluids.

(a) An appropriately sized spill kit must be on-site when operating in the stream channel, leaked fluids must be cleaned promptly, and any contaminated soils removed from the area and properly disposed of; and

(b) Any equipment found to be leaking fluids must be immediately removed from and kept out of the stream channel until repaired.

(8) The project must not redirect the stream channel or cause damage to property or structures adjacent, nearby, upstream, downstream, or within the project site.

(9) It is the responsibility of the applicant or owner of an environmental restoration weir to comply with all necessary and required local, county, state, and federal approvals and permits.

(10) Applicant or owner of the environmental restoration weir shall at all times observe and comply with all federal and state laws, including without limitation the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1536, 1538-1540), ORS 496.172 to 496.192 (Threatened and Endangered Wildlife Species), and ORS 564.100 to 564.135 (Threatened and Endangered Plants), and lawful regulations issued thereunder, and local bylaws, ordinances, and regulations, which relate to Threatened and Endangered plant or animal species while constructing and maintaining environmental restoration weirs approved by the Department.

History

Statutory/Other Authority: ORS 509.580, ORS 509.585 & HB 2298 (2021)
Statutes/Other Implemented: HB 2298 (2021)
DFW 31-2022, adopt filed 03/23/2022, effective 03/23/2022

Or. Admin. R. 635-412-0065 Monitoring and Reporting

(1) The owner of an environmental restoration weir is responsible for maintaining the structure as approved, and monitoring and reporting on the habitat conditions as specifically required by this rule.

(2) Monitoring and reporting shall consist of fixed photo-point monitoring of each environmental restoration weir, or if approved by the Department, high resolution video footage of each environmental restoration weir as a substitute for such fixed-point monitoring. Photo monitoring shall:

(a) Be established prior to construction of the environmental restoration weir;

(b) Be taken from established and consistent sites before construction and after construction during high and low water periods each year for 10 years;

(d) Show upstream, downstream stream, and riparian habitat conditions; and

(e) Be submitted to the Department annually for 10 years post construction.

(3) If the Department requires third-party monitoring as a condition of approval.

(a) Monitoring will only be conducted if:

(A) The third party is chosen through mutual agreement between the owner of the environmental restoration weir and the Department;

(B) The owner of the environmental restoration weir may not unreasonably withhold consent for the third party to engage in monitoring;

(C) The third-party monitoring may not result in a financial cost to the owner of the environmental restoration weir; and

(D) The third party engaging in the monitoring must be covered by sufficient liability and casualty insurance.

(b) Monitoring may include gathering information on applicable habitat and stream metrics including temperature data, water quality, stream discharge measurements, habitat survey data, invertebrate sampling, riparian vegetation surveys, pool area measurements, floodplain area engagement, fish sampling, dissolved oxygen, wildlife responses, or other land responses associated with the environmental restoration weirs.

(4) The Department shall require the owner of the environmental restoration weir to modify or remove the environmental restoration weir if it is found:

(a) By the Oregon Water Resources Department to result in injury to an existing water right;

(b) By the Department to have a significant detrimental impact on native migratory fish; or

(c) To have been modified beyond the original authorized design specification to the point where the project no longer meets the criteria set forth in OAR 635-412-0050(4).

(5) The Department, in coordination with the Oregon Department of Transportation, may at any time require the owner to modify environmental restoration weirs if the environmental restoration weirs are found to adversely impact transportation infrastructure or planned transportation infrastructure.

(6) The Department shall maintain a database of projects that apply for approval under this program.

(a) No later than December 31, 2027, the Department shall submit a publicly available report, in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to environment and natural resources that provides information summarizing the extent to which projects have been commenced and completed under OAR 635-412-0045 through 635-412-0065.

(b) No later than September 15, 2032, the Department shall submit a publicly available report, in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to environment and natural resources on projects authorized under OAR 635-412-0045 through 635-412-0065. The report shall include:

(A) Assessments of the conditions of qualifying streams affected by authorized projects, which assess stream conditions prior to construction of environmental restoration weirs as well as after construction of environmental restoration weirs; projects will be evaluated on factors including:

(i) Number and location of environmental restoration weirs;

(ii) Photo monitoring of habitat conditions before and after the construction of the environmental restoration weir;

(iii) Professional opinion of change in habitat quality, water quantity and quality, fish distribution, health of native migratory fish populations; and

(iv) Any habitat data provided by the owner of the environmental restoration weir including temperature monitoring, stream characteristics, flow measurements, fish surveys, riparian vegetation, floodplain connectivity or other observations made in association with the construction of restoration weirs.

(B) Recommendations, which may include recommendations for legislation, to allow the Department to authorize projects in which construction of environmental restoration weirs will commence on or after January 2, 2036.

(c) The Department will provide the Fish Passage Task Force with draft reports for review prior to reporting to the Legislature.

History

Statutory/Other Authority: ORS 509.580, ORS 509.585 & HB 2298 (2021)
Statutes/Other Implemented: HB 2298 (2021)
DFW 31-2022, adopt filed 03/23/2022, effective 03/23/2022

Division 415 FISH AND WILDLIFE HABITAT MITIGATION POLICY

Or. Admin. R. 635-415-0000 Purpose

The purpose of these rules is to further the Wildlife Policy (ORS 496.012) and the Food Fish Management Policy (506.109) of the State of Oregon through the application of consistent goals and standards to mitigate impacts to fish and wildlife habitat caused by land and water development actions. The policy provides goals and standards for general application to individual development actions, and for the development of more detailed policies for specific classes of development actions or habitat types.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.171, 506.109 & 506.119
Statutes/Other Implemented: ORS 496.012, 496.138, 496.171, 506.109 & 506.119
DFW 25-2000, f. 4-26-00, cert. ef. 5-1-00
DFW 47-1998, f. & cert. ef. 6-15-98
FWC 133-1991, f. & cert. ef. 11-19-91

Or. Admin. R. 635-415-0005 Definitions

For the purposes of OAR 635-415-0000 through 635-415-0025 only:

(1) “Department” means the Oregon Department of Fish and Wildlife.

(2) “Development Action” means any activity subject to regulation by local, state, or federal agencies that could result in the loss of fish and wildlife habitat. Development actions may include, but are not limited to, the planning, construction, and operational activities of local, state, and federal agencies. Development actions also include subsequent re-permitting for activities with new impacts or continued impacts that have not been mitigated consistent with current standards.

(3) “Essential Habitat” means any habitat condition or set of habitat conditions which, if diminished in quality or quantity, would result in depletion of a fish or wildlife species.

(4) “Fish and Wildlife” means all fish, shellfish, intertidal animals, wild birds, amphibians, reptiles, and wild mammals over which the Fish and Wildlife Commission has jurisdiction.

(5) “Habitat” means the physical and biological conditions within the geographic range of occurrence of a species, extending over time, that affect the welfare of the species or any sub-population or members of the species.

(6) “Habitat Quantity” means the amount of a given habitat type.

(7) “Habitat Quality” means the relative importance of a habitat with regard to its ability to influence species presence and support the life-cycle requirements of the fish and wildlife species that use it.

(8) “Habitat Type” means the classification of a site or area based on its dominant plant, soil, and water associations or other salient features (e.g. tidal influence, salinity, substrate, alkalinity, etc.) of value to the support and use by fish and wildlife.

(9) “Home Range” means the area that a species traverses in the scope of normal life-cycle activities.

(10) “Impact” means an adverse effect of a development action upon fish and wildlife habitat.

(11) “Important Habitat” means any habitat recognized as a contributor to sustaining fish and wildlife populations on a physiographic province basis over time.

(12) “In-kind Habitat Mitigation” means habitat mitigation measures which recreate similar habitat structure and function to that existing prior to the development action.

(13) “In-proximity Habitat Mitigation” means habitat mitigation measures undertaken within or in proximity to areas affected by a development action. For the purposes of this policy, “in proximity to” means within the same home range, or watershed (depending on the species or population being considered) whichever will have the highest likelihood of benefiting fish and wildlife populations directly affected by the development.

(14) “Irreplaceable” means that successful in-kind habitat mitigation to replace lost habitat quantity and/or quality is not feasible within an acceptable period of time or location, or involves an unacceptable level of risk or uncertainty, depending on the habitat under consideration and the fish and wildlife species or populations that are affected. “Acceptable,” for the purpose of this definition, means in a reasonable time frame to benefit the affected fish and wildlife species.

(15) “Limited habitat” means an amount insufficient or barely sufficient to sustain fish and wildlife populations over time.

(16) “Mitigation” means taking one or more of the following actions listed in order of priority:

(a) Avoiding the impact altogether by not taking a certain development action or parts of that action;

(b) Minimizing impacts by limiting the degree or magnitude of the development action and its implementation;

(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the development action and by monitoring and taking appropriate corrective measures;

(e) Compensating for the impact by replacing or providing comparable substitute resources or environments.

(17) “Mitigation Bank” means fish and/or wildlife habitat that is restored, created, or enhanced for the purpose of selling habitat credits in exchange for anticipated unavoidable future habitat loses due to development actions.

(18) “Mitigation Plan” means a written plan or statement that thoroughly describes the manner in which the impact of a development action will be reduced or eliminated over time, avoided, and/or minimized; and the affected environment, including fish and wildlife habitat, monitored, restored, rehabilitated, repaired and/or replaced or otherwise compensated for in accordance with OAR 635-415-0010 of these rules.

(19) “Native” means fish and wildlife species, subspecies or populations that occur currently or historically in Oregon through natural (i.e. nonhuman) colonization or immigration, rather than by human action or intervention.

(20) “Nonnative” means a fish or wildlife species not native to Oregon; foreign or introduced.

(21) “Net Benefit” means an increase in overall in-proximity habitat quality or quantity after a development action and any subsequent mitigation measures have been completed and monitored.

(22) “Net Loss” means a loss of habitat quantity and/or habitat quality resulting from a development action despite mitigation measures having been taken.

(23) “Off-site” means outside the boundary of the development action.

(24) “Off-proximity Habitat Mitigation” means habitat mitigation measures undertaken outside the area that would constitute “in-proximity mitigation” but within the same physiographic province as the development action.

(25) “Out-of-kind Habitat Mitigation” means habitat mitigation measures which result in different habitat structure and function that may benefit fish and wildlife species other than those existing at the site prior to the development action.

(26) “Physiographic Province” means any one of ten major geographical areas within the State of Oregon based on differences in topography, climate, and vegetation as defined in the Oregon Wildlife Diversity Plan (OAR 635-100-0001 through 0040).

(27) “Project Life” means the period of time during which a development action is subject to regulation by local, state, or federal agencies.

(28) “Project Proponent” means any individual, corporation, association or agency or their delegated representative that proposes a development action.

(29) “Reliable Method” means a mitigation method that has been tested in areas with site factors similar to those affected by a development action and the area in which the mitigation action is being proposed and that has been found (e.g., through field trials, demonstration projects or scientific studies) to produce the habitat effects required to meet the mitigation goal for that action.

(30) “Site Factors” means climate, soil series, sediments, hydrology, salinity, pH, DO, plant community, fish and wildlife use, or other characteristics of an area that determine its capacity to produce vegetation or maintain habitat features valuable to fish and wildlife.

(31) “Watershed” means a drainage basin encompassing a stream, its tributaries, and associated uplands at the USGS 4th Field Hydrologic Unit level.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.171, 506.109 & 506.119
Statutes/Other Implemented: ORS 496.012, 496.138, 496.171, 506.109 & 506.119
DFW 25-2000, f. 4-26-00, cert. ef. 5-1-00
DFW 47-1998, f. & cert. ef. 6-15-98
FWC 133-1991, f. & cert. ef. 11-19-91

Or. Admin. R. 635-415-0010 Fish and Wildlife Habitat Mitigation Policy

It is the fish and wildlife habitat mitigation policy of the Oregon Department of Fish and Wildlife to require or recommend, depending upon the habitat protection and mitigation opportunities provided by specific statutes, mitigation for losses of fish and wildlife habitat resulting from development actions. Priority for mitigation actions shall be given to habitat for native fish and wildlife species. Mitigation actions for nonnative fish and wildlife species may not adversely affect habitat for native fish and wildlife.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.171, 506.109 & 506.119
Statutes/Other Implemented: ORS 496.012, 496.138, 496.171, 506.109 & 506.119
DFW 25-2000, f. 4-26-00, cert. ef. 5-1-00
DFW 47-1998, f. & cert. ef. 6-15-98
FWC 133-1991, f. & cert. ef. 11-19-91

Or. Admin. R. 635-415-0015 Application of Fish and Wildlife Habitat Mitigation Policy

(1) The Department shall work with regulatory and planning agencies, land management agencies, private developers, operators, public interest groups, and the public to implement this Fish and Wildlife Habitat Mitigation Policy.

(2) The Department shall apply the requirements of this division when implementing its own development actions, and when developing recommendations to other state, federal, or local agencies regarding development actions for which mitigation for impacts to fish and wildlife habitat is authorized or required by federal, state, or local environmental laws or land use regulations.

(3) In applying this policy, the Department shall identify and utilize the habitat protection and mitigation opportunities provided by applicable federal, state, and local environmental laws and land use regulations, and shall participate throughout the duration of these regulatory processes to coordinate Department mitigation requirements or recommendations with those of other agencies. If the regulatory authority of an agency provides for mitigation of cumulative or historic losses, the Department shall apply the standards of OAR 635-415-0025 in making its recommendations.

(4) When making recommendations on local land use actions, the Department shall follow the provisions of its certified State Agency Coordination Program and OAR 635 division 405.

(5) Unless required by statute, the Department may elect not to recommend or require mitigation for a development action if, in the opinion of the Department, the impacts to fish and wildlife habitat are expected to be inconsequential in either nature, extent, or duration; or if staff resources are not available.

(6) Nothing in this policy shall be construed to vest authority in the Department where no such statutory or regulatory authority has been granted.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.171, 506.109 & 506.119
Statutes/Other Implemented: ORS 496.012, 496.138, 496.171, 506.109 & 506.119
DFW 25-2000, f. 4-26-00, cert. ef. 5-1-00
DFW 47-1998, f. & cert. ef. 6-15-98
FWC 133-1991, f. & cert. ef. 11-19-91

Or. Admin. R. 635-415-0020 Implementation of Department Habitat Mitigation Requirements

(1) The Department shall provide mitigation consistent with the goals and standards of OAR 635-415-0025 for Department development actions that impact fish and wildlife habitat.

(2) The Department shall require mitigation consistent with the goals and standards of OAR 635-415-0025 for development actions that impact fish and wildlife habitat for which the Department has statutory authority to require mitigation as a condition of a permit or order.

(3) The Department shall recommend mitigation consistent with the goals and standards of OAR 635-415-0025 for development actions which impact fish and wildlife habitat for other than Department actions when:

(a) Federal or state environmental laws or land use regulations authorize or require mitigation for impacts to fish and wildlife; or

(b) Local environmental laws or land use regulations authorize or require mitigation for impacts to fish and wildlife habitat; or

(c) The proposed development action requires either an amendment to an acknowledged comprehensive plan or land use regulation relating to fish and wildlife habitat protection, or adoption of a new land use regulation relating to fish and wildlife habitat protection, and the Department believes that mitigation is necessary to comply with Statewide Planning Goal 5 or other applicable statewide planning goal requirements for fish and wildlife habitat protection.

(4) The Department’s recommendations or requirements for mitigating the impacts of a development action shall be based on the following considerations:

(a) The location, physical and operational characteristics, and duration of the proposed development action; and

(b) The alternatives to the proposed development action; and

(d) The nature, extent, and duration of impacts expected to result from the proposed development action.

(5) The Department shall require the project proponent to prepare a written mitigation plan approved by the Department if required by an ODFW implemented statute; or recommend or require a written plan approved by the Department if the impacts of the proposed development action may, in the opinion of the Department, be so significant in nature, extent, or duration that mitigation measures to achieve the goals and standards of OAR 635-415-0025 cannot be identified without the evaluation that would be provided in a written mitigation plan.

(6) The Department may recommend or require the posting of a bond, or other financial instrument acceptable to the Department, to cover the cost of mitigation actions based on the nature, extent, and duration of the impact and/or the risk of the mitigation plan not achieving mitigation goals.

(7) The Department may consider the use of mitigation banks or payment-to-provide mitigation based on the nature, extent, and duration of the impact and/or the risk of the mitigation plan not achieving mitigation goals.

(a) The Department may consider the use of mitigation banks and payment-to-provide mitigation only for habitat categories two through six and only if they are consistent with the mitigation goals and standards identified in OAR 635-415-0025.

(b) The amount of payment-to-provide mitigation, recommended or required, shall include at a minimum the cost of property acquisition, mitigation actions, maintenance, monitoring, and any other actions needed for the long-term protection and management of the mitigation site.

(8) In addition to any other information that may be required by law, a written mitigation plan prepared for the Department shall:

(a) Include the information required in OAR 635-415-0020(4)(a)–(d); and

(b) Describe the mitigation actions which shall be taken to achieve the fish and wildlife habitat mitigation goals and standards of OAR 635-415-0025; and

(c) Describe and map the location of he development action and mitigation actions including the latitude and longitude, township, range, section, quartersection and county; and

(d) Complement and not diminish mitigation provided for previous development actions; and

(e) Include protocols and methods, and a reporting schedule for monitoring the effectiveness of mitigation measures. Monitoring efforts shall continue for a duration and at a frequency needed to ensure that the goals and standards in OAR 635-415-0025 are met, unless the Department determines that no significant benefit would result from such monitoring; and

(f) Provide for future modification of mitigation measures that may be required to meet the goals and standards of OAR 635-415-0025; and

(g) Be effective throughout the project life or the duration of project impacts whichever is greater.

(h) Contain mitigation plan performance measures including:

(A) Success Criteria. The mitigation plan must clearly define the methods to meet mitigation goals and standards and list the criteria for measuring success;

(B) Criteria and a timeline for formal determination that the mitigation goals and standards have been met;

(D) A reporting schedule for identifying progress toward achieving the mitigation goals and standards and any modification of mitigation measures. Mitigation goals and standards must be achieved within a reasonable time frame to benefit the affected fish and wildlife species.

(9) The requirement for a mitigation plan pursuant to OAR 635-415-0020(8) may, at the discretion of the Department, be partially or entirely fulfilled by incorporation of environmental assessments or environmental impact statements prepared for the proposed development action; or by local government land use regulations which implement the requirements of Statewide Planning Goals 5, 8, 15, 16, or 17 pertaining to fish and wildlife habitat protection.

(10) The project proponent is responsible for the expenses of developing, evaluating, and implementing the mitigation plan and monitoring the mitigation site; however, to the extent that available resources allow, the Department may take one or more of the following actions to assist in the development of a mitigation plan:

(a) Identify fish and wildlife species and habitats to be affected by the proposed development action;

(b) Determine the Habitat Categories that are likely to be affected by the proposed development action;

(c) Identify the nature, extent, and duration of potential impacts upon fish and wildlife habitat resulting from the proposed development action;

(d) Identify mitigation measures to achieve the goals and standards of OAR 635-415-0025.

(e) Furnish any information or counsel to further the purpose of OAR 635 division 415

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.171, 506.109 & 506.119
Statutes/Other Implemented: ORS 496.012, 496.138, 496.171, 506.109 & 506.119
DFW 25-2000, f. 4-26-00, cert. ef. 5-1-00
DFW 47-1998, f. & cert. ef. 6-15-98
FWC 133-1991, f. & cert. ef. 11-19-91

Or. Admin. R. 635-415-0025 Implementation of Department Habitat Mitigation Recommendations

(1) "Habitat Category 1" is irreplaceable, essential habitat for a fish or wildlife species, population, or a unique assemblage of species and is limited on either a physiographic province or site-specific basis, depending on the individual species, population or unique assemblage.

(a) The mitigation goal for Category 1 habitat is no loss of either habitat quantity or quality.

(b) The Department shall act to protect Category 1 habitats described in this subsection by recommending or requiring:

(A) Avoidance of impacts through alternatives to the proposed development action; or

(B) No authorization of the proposed development action if impacts cannot be avoided.

(2) "Habitat Category 2" is essential habitat for a fish or wildlife species, population, or unique assemblage of species and is limited either on a physiographic province or site-specific basis depending on the individual species, population or unique assemblage.

(a) The mitigation goal if impacts are unavoidable, is no net loss of either habitat quantity or quality and to provide a net benefit of habitat quantity or quality.

(b) The Department shall act to achieve the mitigation goal for Category 2 habitat by recommending or requiring:

(A) Avoidance of impacts through alternatives to the proposed development action; or

(B) Mitigation of impacts, if unavoidable, through reliable in-kind, in-proximity habitat mitigation to achieve no net loss of either pre-development habitat quantity or quality. In addition, a net benefit of habitat quantity or quality must be provided. Progress towards achieving the mitigation goals and standards shall be reported on a schedule agreed to in the mitigation plan performance measures. The fish and wildlife mitigation measures shall be implemented and completed either prior to or concurrent with the development action.

(c) If neither 635-415-0025(2)(b)(A) or (B) can be achieved, the Department shall recommend against or shall not authorize the proposed development action.

(3) "Habitat Category 3" is essential habitat for fish and wildlife, or important habitat for fish and wildlife that is limited either on a physiographic province or site-specific basis, depending on the individual species or population.

(a) The mitigation goal is no net loss of either habitat quantity or quality.

(b) The Department shall act to achieve the mitigation goal for Category 3 habitat by recommending or requiring:

(A) Avoidance of impacts through alternatives to the proposed development action; or

(B) Mitigation of impacts, if unavoidable, through reliable in-kind, in-proximity habitat mitigation to achieve no net loss in either pre-development habitat quantity or quality. Progress towards achieving the mitigation goals and standards shall be reported on a schedule agreed to in the mitigation plan performance measures. The fish and wildlife mitigation measures shall be implemented and completed either prior to or concurrent with the development action.

(c) If neither 635-415-0025(3)(b)(A) or (B) can be achieved, the Department shall recommend against or shall not authorize the proposed development action.

(4) "Habitat Category 4" is important habitat for fish and wildlife species.

(a) The mitigation goal is no net loss in either existing habitat quantity or quality.

(b) The Department shall act to achieve the mitigation goal for Category 4 habitat by recommending or requiring:

(A) Avoidance of impacts through alternatives to the proposed development action; or

(B) Mitigation of impacts, if unavoidable, through reliable in-kind or out-of-kind, in-proximity or off-proximity habitat mitigation to achieve no net loss in either pre-development habitat quantity or quality. Progress towards achieving the mitigation goals and standards shall be reported on a schedule agreed to in the mitigation plan performance measures. The fish and wildlife mitigation measures shall be implemented and completed either prior to or concurrent with the development action.

(c) If neither 635-415-0025(4)(b)(A) or (B) can be achieved, the Department shall recommend against or shall not authorize the proposed development action.

(5) "Habitat Category 5" is habitat for fish and wildlife having high potential to become either essential or important habitat.

(a) The mitigation goal, if impacts are unavoidable, is to provide a net benefit in habitat quantity or quality.

(b) The Department shall act to achieve the mitigation goal for Category 5 habitat by recommending or requiring:

(A) Avoidance of impacts through alternatives to the proposed development action; or

(B) Mitigation of impacts, if unavoidable, through actions that contribute to essential or important habitat.

(c) If neither 635-415-0025(5)(b)(A) or (B) can be achieved, the Department shall recommend against or shall not authorize the proposed development action.

(6) "Habitat Category 6" is habitat that has low potential to become essential or important habitat for fish and wildlife.

(a) The mitigation goal is to minimize impacts.

(b) The Department shall act to achieve the mitigation goal for Category 6 habitat by recommending or requiring actions that minimize direct habitat loss and avoid impacts to off-site habitat.

(7) For proposed developments subject to this rule with impacts to greater sage-grouse habitat in Oregon, mitigation shall be addressed as described in OAR 635-140-0000 through 635-140-0025, except that any energy facility that has submitted a preliminary application for site certificate pursuant to ORS 469.300 et seq. on or before the effective date of this rule is exempt from fulfilling the avoidance test contained in 635-140-0025, Policy 2, subsections (a), (b), (c) and (d)(A). Other mitigation provisions contained in 635-140-0025, Policy 2, subsections (d)(B) and (e), and Policies 3 and 4 remain applicable.

History

Statutory/Other Authority: ORS 496.012, 496.112, 496.118, 496.138, 496.146, 496.171, 498.500, 498.502, 506.109 & 506.119
Statutes/Other Implemented: ORS 496.012, 496.112, 496.118, 496.138, 496.146, 496.171, 498.500, 498.502, 506.109 & 506.119
DFW 21-2016, f. & cert. ef. 3-25-16
DFW 147-2015(Temp), f. & cert. ef. 10-19-15 thru 4-15-16
DFW 25-2000, f. 4-26-00, cert. ef. 5-1-00
DFW 47-1998, f. & cert. ef. 6-15-98
FWC 133-1991, f. & cert. ef. 11-19-91

Division 418 REGIONAL DRY MAINTENANCE TIME PERIODS

Or. Admin. R. 635-418-0100 Purpose

The purpose of this rule division is for the Department to designate regional dry maintenance time periods for conducting removal-fill activities in dry, traditionally maintained channels as defined in ORS 196.906-196.919 and OAR 603-095-4000 to OAR 603-095-4060. The dry maintenance time periods are designed to minimize potential impacts to the most vulnerable life stages of fish and wildlife species. Statewide review of the rules will occur on a periodic basis as warranted based on new information and adaptive management.

History

Statutory/Other Authority: ORS 496.012, 496.164, 496.138, 506.109 & 196.906-196.919
Statutes/Other Implemented: ORS 496.012, 496.164, 506.109 & 196.906-196.919
DFW 13-2022, adopt filed 02/23/2022, effective 02/23/2022

Or. Admin. R. 635-418-0110 Area Definitions and Dry Maintenance Time Periods for Watersheds in Agricultural Drainage Maintenance Regions as Defined by Oregon Department of Agriculture Administrative Rule (OAR 603-095-4010)

(1) North Willamette Watershed

(a) That portion of the Lower Columbia River Basin, Sandy River Basin, and Lower Willamette River Basin described below.

(A) Lower Columbia River – Area definition: That portion of the Columbia River upstream of Hunt Creek to and including Herman Creek, including but not limited to the following river basins:

(i) Columbia River tributaries,

(ii) Clatskanie River, and

(iii) all other tributaries, small basins, side channels, lakes, oxbows or sloughs that are associated with or drain directly into the Columbia River in the defined area and river basins described above (excluding the Sandy and Willamette Basins).

(B) Sandy River and all other tributaries, small basins, side channels, lakes, oxbows or sloughs that are associated with or drain directly into the Sandy River.

(C) Lower Willamette River – Area definition: That portion of the Willamette River basin downstream from the mouth of the Santiam River, including but not limited to the following river basins:

(i) Multnomah Channel and tributaries (including but not limited to Scappoose and Milton Creeks),

(ii) Columbia Slough,

(iii) Johnson Creek,

(iv) Clackamas River,

(v) Abernathy Creek,

(vi) Tualatin River,

(vii) Beaver Creek,

(viii) Molalla-Pudding Rivers,

(ix) Chehalem Creek,

(x) Yamhill River,

(xi) Glenn Creek,

(xii) Mill Creek,

(xiii) Rickreall Creek,

(xiv) Ash Creek, and

(xv) all other tributaries, small basins, side channels, lakes, oxbows or sloughs that are associated with or drain directly into the Willamette River in the defined area and river basins described above.

(b) Dry Maintenance Time Periods:

(A) Lower Columbia River Basin, Sandy River Basin, and Lower Willamette River Basin excluding the river basins described immediately below in (B): August 1 – August 31

(B) Tualatin River, Yamhill River and Rickreall Creek: August 1 – September 30

(2) South Willamette River Watershed

(a) That portion of the Willamette River watershed upstream from and including the mouth of the Santiam River, including but not limited to the following river basins:

(A) Santiam River,

(B) Luckiamute River,

(D) Truax Creek,

(E) Burkhart Creek,

(F) Cox Creek,

(G) Periwinkle Creek,

(H) Calapooia River,

(I) Frazier Creek,

(J) Stewart Slough,

(K) Mary’s River,

(L) Lake Creek,

(M) Muddy Creek,

(N) Flat Creek,

(O) Long Tom River,

(P) McKenzie River,

(Q) Middle Fork Willamette River,

(R) Coast Fork Willamette River, and

(S) all other tributaries, small basins, side channels, lakes, oxbows, or sloughs that are associated with or drain directly into the Willamette River in the defined area and river basins described above.

(b) Dry Maintenance Time Period: July 15 – September 30

(3) North Coast Watershed

(a) That portion of the state of Oregon west of the Oregon Coast Range crest and east of the Pacific Ocean extending from the mouth of the Columbia River south to and including Threemile Creek, including but not limited to the following river basins:

(A) Lower Columbia tributaries downstream of and including Hunt Creek,

(B) Youngs Bay and tributaries (including but not limited to Lewis and Clark, Walluski, Youngs, Klaskanine Rivers),

(D) Nehalem River,

(E) Tillamook Bay and tributaries (including but not limited to Miami, Kilchis, Wilson, Trask, Tillamook Rivers),

(F) Netarts Bay,

(G) Sand Lake,

(H) Nestucca River,

(I) Neskowin River,

(J) Salmon River,

(K) Siletz River,

(L) Yaquina River,

(M) Alsea River,

(N) Yachats River,

(O) Siuslaw River,

(P) Siltcoos River, and

(Q) all other tributaries, small basins, side channels, lakes, oxbows, sloughs, or bays/estuaries that are associated with or drain directly into the Columbia River or Pacific Ocean in the defined area and river basins described above.

(b) Dry Maintenance Time Period: July 15 - August 31

(4) Coos-Coquille-Tenmile Lakes Watershed

(a) That portion of the state of Oregon west of the Oregon Coast Range crest and east of the Pacific Ocean extending from south of the South Jetty at Winchester Bay to the mouth of Twomile Creek, including but not limited to the following river basins:

(A) Coos Bay and tributaries (including but not limited to Coos, South Coos, Millicoma Rivers),

(B) Coquille River and tributaries,

(D) all other tributaries, small basins, side channels, lakes, oxbows, sloughs, or bays/estuaries that are associated with or drain directly into the Pacific Ocean in the defined area and river basins described above.

(b) Dry Maintenance Time Period: July 15 - September 22

(5) South Coast Watershed

(a) That portion of the state of Oregon west of the Oregon Coast Range crest and east of the Pacific Ocean extending from the mouth of and including Twomile Creek south to the California state line. For the Rogue River, refer to the Rogue Watershed description. The South Coast watershed includes but is not limited to the following river basins:

(A) New River,

(B) Sixes River,

(D) Euchre Creek,

(E) Hunter Creek,

(F) Pistol River,

(G) Chetco River,

(H) Winchuck River, and

(I) all other tributaries, small basins, side channels, lakes, oxbows, sloughs, or bays/estuaries that are associated with or drain directly into the Pacific Ocean in the defined area and river basins described above.

(b) Dry Maintenance Period: July 15 - September 22

(6) Umpqua Watershed

(a) That portion of the state of Oregon west of the Cascade Mountains crest and east of the Pacific Ocean extending from south of Threemile Creek to and including the south jetty at Winchester Bay, including but not limited to the following river basins:

(A) Umpqua River and Bay and tributaries below Scottsburg Bridge, including Smith River -Area Definition: All tidally influenced areas within the Umpqua River and Bay and Smith River and the all other tributaries, small basins, side channels, lakes, oxbows, sloughs, or bays/estuaries that are associated with or drain directly into the Pacific Ocean and Umpqua River in the defined area and river basins described above.

(B) Umpqua River and tributaries above Scottsburg Bridge, including North Umpqua River and tributaries below Slide Creek Dam– Area Definition: All waters upstream of the Scottsburg Bridge including all waters upstream of the confluence of the North and South Umpqua Rivers excluding that portion above Slide Creek Dam, including but not limited to the following river basins:

(i) Elk Creek,

(ii) Calapooya Creek,

(iii) North Umpqua River and tributaries (including but not limited to Sutherlin Creek, Little River, and Rock Creek),

(iv) South Umpqua River and tributaries (including but not limited to Lookingglass, Myrtle and Cow Creeks), and

(v) all other tributaries, small basins, side channels, lakes, oxbows or sloughs that are associated with or drain directly into the North and South Umpqua Rivers in the defined area and river basins described above.

(C) North Umpqua River and tributaries above Slide Creek Dam and all other tributaries, small basins, side channels, lakes, oxbows or sloughs that are associated with or drain directly into the North Umpqua River in the defined area and river basin described above.

(b) Dry Maintenance Time Periods:

(A) Umpqua River and Bay and tributaries below Scottsburg Bridge, including Smith River: July 15 - September 22

(B) Umpqua River and tributaries above Scottsburg Bridge, including North Umpqua River and tributaries below Slide Creek Dam: July 1 - September 30

(7) Rogue Watershed

(a) That portion of the state of Oregon northeast of the Siskiyou Mountains and west of the Cascade Mountains crest including but not limited to the following river basins:

(A) Rogue River and tributaries below Dodge Bridge at Highway 234 (including but not limited to the Illinois and Applegate Rivers), and all other tributaries, small basins, side channels, lakes, oxbows, sloughs, or bays/estuaries that are associated with or drain directly into the Pacific Ocean or Rogue River in the defined area and river basin described above.

(B) Rogue River and tributaries between Dodge Bridge and William Jess Dam at Lost Creek Lake, and all other tributaries, small basins, side channels, lakes, oxbows, or sloughs that are associated with or drain directly into the Rogue River in the defined area and river basin described above.

(C) Rogue River Basin and tributaries upstream of the William Jess Dam, and all other tributaries, small basins, side channels, lakes, oxbows, or sloughs that are associated with or drain directly into the Rogue River in the defined area and river basin described above.

(b) Dry Maintenance Time Periods:

(A) Rogue River and tributaries below Dodge Bridge at Highway 234: July 15 - September 30

(B) Rogue River and tributaries between Dodge Bridge and William Jess Dam at Lost Creek: July 15 – August 31

(8) Deschutes Watershed

(a) That part of the state of Oregon that includes but is not limited to the following river basins: Columbia River tributaries upstream of Herman Creek to the mouth of the John Day River, Hood River, Deschutes River, and all other tributaries, small basins, side channels, lakes, oxbows, or sloughs that are associated with or drain directly into the Deschutes, Hood, or Columbia Rivers in the defined area and river basins described above.

(b) Dry Maintenance Time Period: October 15 - November 15

(9) Klamath Watershed

(a) That part of the state of Oregon that includes but is not limited to the following river and lake basins:

(A) Klamath River Basin

(i) Klamath River,

(ii) Williamson River,

(iii) Sprague River,

(iv) Sycan River and Marsh,

(v) Lost River,

(vi) Klamath Lake and tributaries,

(vii) Agency Lake and tributaries, and

(viii) all other tributaries, small basins, side channels, lakes, oxbows, or sloughs that are associated with or drain directly into the defined area and river basins described above.

(B) Closed Lakes Basin

(i) Silver Lake and tributaries,

(ii) Summer Lake and tributaries,

(iii) Goose Lake and tributaries,

(iv) Warner Lake and tributaries,

(v) Chewaucan River, and

(vi) all other tributaries, small basins, side channels, lakes, oxbows or sloughs that are associated with or drain directly into the defined area and river basins described above.

(b) Dry Maintenance Time Period: August 1 – October 15

(10) John Day Watershed

(a) That part of the state of Oregon upstream and including the mouth of the John Day River and east along the Columbia River to the Oregon-Washington Border, including but not limited to the following river basins:

(A) John Day River

(i) John Day River and tributaries downstream of the confluence with the North Fork John Day River at river mile 185 near the town of Kimberly,

(ii) John Day River and tributaries upstream of the confluence with the North Fork John Day River at River mile 185 near the town of Kimberly, and

(iii) all other tributaries, small basins, side channels, lakes, oxbows, or sloughs that are associated with or drain directly into the John Day River within the defined area and river basin described above.

(B) Umatilla River

(i) Umatilla River, both North and South Forks,

(ii) Birch Creek,

(iii) McKay Creek,

(iv) Wildhorse Creek,

(v) Meacham Creek, and

(vi) all other tributaries, small basins, side channels, lakes, oxbows, or sloughs that are associated with or drain directly into the defined area and river basins described above.

(i) Walla Walla River, both North and South forks,

(ii) Little Walla Walla River,

(iii) Pine Creek,

(iv) Cottonwood Creek,

(v) Birch Creek,

(vi) Couse Creek, and

(vii) all other tributaries, small basins, side channels, lakes, oxbows, or sloughs that are associated with or drain directly into the defined area and river basins described above.

(D) Mill Creek and tributaries and all other tributaries, small basins, side channels, lakes, oxbows, or sloughs that are associated with or drain directly into the defined area and river basins described above.

(E) Butter Creek and tributaries and all other tributaries, small basins, side channels, lakes, oxbows, or sloughs that are associated with or drain directly into the defined area and river basins described above.

(F) Willow Creek and tributaries and all other tributaries, small basins, side channels, lakes, oxbows, or sloughs that are associated with or drain directly into the defined area and river basins described above.

(b) Dry Maintenance Time Periods:

(A) John Day River and tributaries downstream of the confluence with the North Fork John Day River at river mile 185 near the town of Kimberly: July 15 – August 30

(B) John Day River and tributaries upstream of the confluence with the North Fork John Day River at River mile 185 near the town of Kimberly: July 15 – August 15

(11) Grande Ronde Watershed

(a) That portion of the state of Oregon west of the Snake River where it forms the boundary between Oregon and Idaho from the Oregon/Washington border south to Birch Creek, and east of the summit of the Blue Mountains. This watershed has two distinct regions, the Grande Ronde - Imnaha basins, and the Powder - Burnt - Pine - Snake basins, and includes but is not limited to the following river basins:

(A) Grande Ronde - Imnaha

(i) Grande Ronde River,

(ii) Catherine Creek,

(iii) Lookingglass Creek,

(iv) Minam River,

(v) Wallowa River,

(vi) Wenaha River,

(vii) Joseph Creek,

(viii) Imnaha River,

(ix) and all other tributaries, small basins, side channels, lakes, oxbows, or sloughs that are associated with or drain directly into the defined area and river basins described above.

(B) Powder - Burnt - Pine - Snake

(i) Powder River,

(ii) Burnt River,

(iii) Pine Creek,

(iv) Snake River from Washington state line to Annex, Oregon,

(v) and all other tributaries, small basins, side channels, lakes, oxbows, or sloughs that are associated with or drain directly into the defined area and river basins described above.

(b) Dry Maintenance Time Period: July 15 – August 15

(12) Malheur Watershed

(a) That part of the state of Oregon that includes but not limited to the following river and lake basins:

(A) Snake River Basin

(i) Snake River upstream from Annex, Oregon to Idaho state line across the entire Snake River (located 7.25 miles upstream of the Oregon Route 452 bridge near Adrian, Oregon),

(ii) Malheur River and tributaries upstream of Wolf Creek (including but not limited to Wolf Creek and Big Creek),

(iii) Malheur River and tributaries between Wolf Creek and the Namorf Dam (including but not limited to Stinking Water Creek, and South Fork Malheur River),

(iv) Malheur River from the Namorf Dam downstream to the confluence with the Snake River,

(v) North Fork Malheur River and tributaries downstream of Beulah Reservoir to the confluence with the Malheur River,

(vi) North Fork Malheur River and tributaries upstream of Beulah Reservoir,

(vii) Willow Creek downstream of Malheur Reservoir,

(viii) Bully Creek downstream of Bully Creek Reservoir,

(ix) Owyhee River and tributaries,

(x) Succor Creek within Oregon,

(xi) Birch Creek (tributary to Snake River), and

(xii) all other tributaries, small basins, side channels, lakes, oxbows, or sloughs that are associated with or drain directly into the defined area and river basins described above.

(B) Closed Lakes Basins

(i) Malheur Lake Basin tributaries (including but not limited to Donner and Blitzen River, Silvies River, and Silver Creek),

(ii) Coyote Lake Basin tributaries (includes Willow Creek and Whitehorse Creek),

(iii) Catlow Valley tributaries (including but not limited to Home Creek, Threemile Creek, Rock Creek, and Skull Creek),

(iv) Riddle Creek,

(v) Alvord Lake Basin (including but not limited to Cottonwood Creek, Pike Creek, Trout Creek and Big Alvord Creek),

(vi) Quinn River Basin (including but not limited to McDermitt Creek and its tributaries), and

(vii) all other tributaries, small basins, side channels, lakes, oxbows, or sloughs that are associated with or drain directly into the defined area and river basins described above.

(b) Dry Maintenance Time Period:

(A) Closed Lakes Basins and Snake River tributaries excluding the sections described immediately below in (B): October 1 – November 15

(B) Malheur River and tributaries upstream of Wolf Creek, and North Fork Malheur River and tributaries upstream of Beulah Reservoir: August 1 - August 31

History

Statutory/Other Authority: ORS 496.012, 496.164, 496.138, 506.109 & 196.906-196.919
Statutes/Other Implemented: ORS 496.012, 496.164, 506.109 & 196.906-196.919
DFW 13-2022, adopt filed 02/23/2022, effective 02/23/2022

Or. Admin. R. 635-418-0120 Variance Process

A variance to conduct maintenance in dry, traditionally maintained channels outside of the regional dry maintenance time periods identified in 635-418-0110, may be requested through OAR 603-095-4045. The Department, on a project-by-project basis, will consider variations in climate, location, risk to fish and wildlife resources, project size and extent, and other factors when evaluating instances for work outside of the regional dry maintenance time periods.

History

Statutory/Other Authority: ORS 496.012, 496.164, 496.138, 506.109 & 196.906-196.919
Statutes/Other Implemented: ORS 496.012, 496.164, 506.109 & 196.906-196.919
DFW 13-2022, adopt filed 02/23/2022, effective 02/23/2022

Division 420 CHEMICAL PROCESS MINING CONSOLIDATED APPLICATION AND PERMIT REVIEW STANDARDS

Or. Admin. R. 635-420-0000 Purpose

The purpose of OAR 635, division 420 is to implement the provisions of Oregon Laws 1991, Chapter 735. These rules prescribe the standards for Department review of proposed chemical process mining operations for the purpose of developing conditions for protection of wildlife and their habitat, to further the Wildlife Policy (ORS 496.012) and Food Fish Management Policy (506.109) of the State of Oregon.

History

Statutory/Other Authority: ORS 496.012 & 506.109
Statutes/Other Implemented: ORS 496.012 & 506.109
FWC 140-1991, f. & cert. ef. 12-26-91

Or. Admin. R. 635-420-0010 Definitions

For the purposes of OAR 635-420-0000 through 635-420-0120 only:

(1) “Associated Wastewaters” means wastewaters, including but not limited to tailings in liquid or slurry form, which are created as a result of a chemical process mining operation.

(2) “Available Technology” means technology that is obtainable and:

(a) Has been demonstrated to meet environmental standards at an existing mine or a demonstration project of similar size and scale; or

(b) Is reasonably expected to meet or exceed environmental standards at the proposed mine.

(3) “Baseline Data” means information gathered to characterize the natural and cultural environments of an operation site before a mining operation begins.

(4) “Chemical Process Mine” means a mining and processing operation for metal-bearing ores that uses chemicals to dissolve metals from ore.

(5) “Consolidated Application” means the single application for a chemical process mine required by DOGAMI pursuant to OAR chapter 632, division 037.

(6) “Contained” means the use of solid containers such as tanks, vats or pipes to completely enclose chemical processing solutions or associated wastewaters to preclude access by wildlife.

(7) “Conveyance” means any conduit for chemical processing solutions or associated wastewaters including but not limited to pipes, channels, ditches and troughs.

(8) “Cover” means a permeable or impermeable material used to preclude access to chemical processing solutions or associated wastewaters by wildlife, including but not limited to netting, screening, or floating covers or liners.

(9) “Critical Habitat” for any federally listed threatened or endangered species means:

(a) The specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the provisions of the federal Endangered Species Act (ESA), on which are found those physical and biological features:

(A) Essential to the conservation of the species; and

(B) Which may require special management considerations or protection; and

(b) Specific areas outside the geographical area occupied by the species at the time it is listed in accordance with the provisions of the ESA, upon a determination by the Secretary of the Interior that such areas are essential for the conservation of the species.

(10) “Department” means the Oregon Department of Fish and Wildlife.

(11) “DOGAMI” means the Oregon Department of Geology and Mineral Industries.

(12) “Endangered Species” means:

(a) Any native wildlife species determined by the Fish and Wildlife Commission to be in danger of extinction throughout any significant portion of its range within the state; or

(b) Any native wildlife species listed as an endangered species pursuant to the federal Endangered Species Act of 1973 (PL 93-205, 16 USC § 1531), as amended.

(13) “Environmental Evaluation” means an analysis prepared pursuant to ORS Chapter 517 to address specific impacts of the chemical process mine operation to allow affected agencies to develop permit conditions.

(14) “Environmental Standards” means standards established either by statute or rule that shall be met by a chemical process mine.

(15) “Essential Habitat” means any habitat condition or set of habitat conditions, which, if diminished in quality or quantity, would result in depletion of a wildlife species.

(16) “Habitat” means the physical and biological conditions within the geographic range of occurrence of a species, extending over time, that affect the welfare of the species or any sub-population or members of the species.

(17) “Habitat Evaluation Procedures” means a system developed by the U.S. Fish and Wildlife Service to determine the habitat value of a project site.

(18) “Habitat Value” means the relative ability of a habitat to support wildlife populations.

(19) “Harm” means mortality of or injury to wildlife, including physical injury or impairment of productivity through alteration of essential behavior patterns such as breeding, feeding or sheltering.

(20) “Hazing” means acts to frighten but not kill wildlife through the use of visual deterrent or audio aversion methods.

(21) “Impact” means an adverse effect of a chemical process mine upon wildlife habitat.

(22) “Mitigation” means the reduction of adverse effects of a proposed chemical process mining operation by considering, in the following order:

(a) Avoiding the impact altogether by not taking a certain action or parts of an action;

(b) Minimizing impacts by limiting the degree or magnitude of the action or parts of an action;

(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action by monitoring and taking appropriate corrective measures; or

(e) Compensating for the impact by replacing or providing comparable substitute resources or environments.

(23) “Necessary Technology” means technology that is required to ensure compliance with environmental standards.

(24) “Off-Site Mitigation” means habitat mitigation measures undertaken in areas distant from the mining operation, and which are intended to benefit wildlife populations other than those directly affected by the mining operation.

(25) “On-Site Mitigation” means habitat mitigation measures undertaken in areas within or in proximity to the mining operation, and which are intended to benefit wildlife populations directly affected by the operation.

(26) “Permittee” means the recipient of a permit for a chemical process mine pursuant to OAR 632, division 037.

(27) “Practicable Technology” means available and necessary technology whose costs are not significantly disproportionate to the potential environmental benefits. A technology is not practicable if the cost is so high it renders a mine operation infeasible.

(28) “Processing” means milling and the use of chemicals to dissolve metals from ore. As used in these rules, processing includes but is not limited to cyanide heap leach processing and cyanide vat processing operations.

(29) “Processing Solutions” means those solutions which are used directly or indirectly to recover minerals.

(30) “Project Coordinating Committee” means the interagency governmental committee established in accordance with OAR 632-037-0020.

(31) “Sensitive” refers to wildlife species, subspecies, 0or populations identified on the List of Sensitive Species adopted pursuant to OAR 635-100-0040.

(32) “Snow Load” means the maximum force that may be applied by snow accumulation in a mean recurrence interval.

(33) “Study Area” means those areas determined by the Technical Review Team for which baseline data must be collected and an environmental evaluation and social impact analysis must be developed.

(34) “Tailings” means ground rock residue from a milling procedure which utilized process solutions to remove minerals from ore.

(35) “Technical Review Team” means the interagency group established in accordance with OAR 632-037-0025.

(36) “Threatened Species” means:

(a) Any native wildlife species the Fish and Wildlife Commission has determined is likely to become an endangered species within the foreseeable future throughout any significant portion of its range within this state; or

(b) Any native wildlife species listed as a threatened species pursuant to the federal Endangered Species Act of 1973 (PL 92-205, 16 USC § 1531), as amended.

(37) “Undamaged Ecosystem” means an ecosystem that is comparable in utility and stability to the ecosystem surrounding the chemical process mine and/or the pre-mine ecosystem and which retains the principle ecological characteristics reasonably expected to exist under local, climatic, geological, soil, hydrological and biological conditions.

(38) “Wildlife” means all fish, shellfish, intertidal animals, wild birds, amphibians, reptiles, and wild mammals.

(39) “Wind Load” means the maximum forces that may be applied to a structural element by wind in a mean recurrence interval.

(40) “Zero Mortality Objective” means the lowest level of wildlife mortality achievable by the use of the best available, practicable and necessary technology for wildlife protection measures at a chemical process mining operation, maintained and monitored on an ongoing and constant basis to assure that this standard is achieved throughout the life of the chemical process mining operation and subsequent reclamation.

History

Statutory/Other Authority: ORS 496.012 & 506.109
Statutes/Other Implemented: ORS 496.012 & 506.109
FWC 140-1991, f. & cert. ef. 12-26-91

Or. Admin. R. 635-420-0020 Wildlife Protection Plan

(1) The applicant shall prepare a wildlife protection plan as part of the consolidated application for a chemical process mine in OAR chapter 637, division 037. The plan shall provide sufficient information to demonstrate that the standards for wildlife protection in 635-420-0030 have been met.

(2) On the date the consolidated application is submitted to DOGAMI, the applicant shall provide one copy of the wildlife protection plan and all information incorporated into the plan by reference to each Department representative on the Project Coordinating Committee and the Technical Review Team.

(3) The Department, or a third party contractor hired by the Department, shall review the wildlife protection plan and shall notify DOGAMI and the applicant in writing of any amendments which are necessary for compliance with the standards for wildlife protection in OAR 635-420-0030.

(4) The wildlife protection plan shall:

(a) Provide a site plan drawn to scale showing the location of all chemical processing solutions and associated wastewaters;

(b) Describe the method which shall be used to apply chemical processing solutions to heap leach pads, and the measures which shall be taken to preclude ponding or other conditions which could lead to the ingestion of or exposure to chemical processing solutions by wildlife. These measures shall be selected based on factors which include, but are not limited to, the application rate of chemical processing solutions, and the characteristics of the ore;

(c) Identify the chemical processing solutions and associated wastewaters which shall be contained or covered and fenced to preclude access by wildlife, and provide design drawings, construction specifications and other information necessary to demonstrate compliance with the standards in OAR 635-420-0040 and 635-420-0050. If alternatives to the materials or construction methods in 635-420-0040 and 635-420-0050 are proposed, information shall be provided to demonstrate that the proposed alternatives provide equivalent or better strength, durability and protection for wildlife;

(d) Identify any wastewaters which will not be contained or covered and fenced to preclude access by wildlife, and provide the following information:

(A) A description of the chemical composition of the wastewaters;

(B) A description of the methods which shall be used to maintain the wastewaters in a condition which is not harmful to wildlife;

(C) Current scientific data which is well-documented and verifiable to demonstrate that the chemical composition of the wastewaters will not be harmful to wildlife.

(e) A program for ongoing and constant monitoring and maintenance of wildlife protection measures, including a schedule of activities and the job title of the person or persons responsible for the monitoring program;

(f) A plan for minimizing vehicular and public impact on wildlife:

(A) The plan shall provide for permanent closures of new roads which were developed to provide access to or to serve the mining operation upon cessation of operations and shall provide for temporary closures of such roads during temporary or seasonal shutdowns;

(B) The plan shall identify wildlife migration and movement corridors within the study area, and shall identify methods to avoid or minimize vehicular and public impacts on wildlife;

(C) Additional measures to avoid or minimize vehicular and public impact on wildlife shall be required if, in the judgment of the Department, such measures are necessary due to the number of employees, wildlife concentrations within the area, presence of threatened, endangered, or sensitive species, or other factors. These additional measures may include, but are not limited to:

(i) Measures for reducing traffic to and from the mines by mine employees, such as carpooling and vanpooling;

(ii) Speed limits on access roads;

(iii) Limitations on the use of access roads by the public;

(iv) Limitations on the use of access roads by employees for purposes other than access to the mine during working hours.

(D) Any controls or limitations on publically owned roads or lands shall be subject to the approval of the appropriate public agency with regulatory authority.

(g) A contingency plan to rectify any failures of wildlife protection measures, or to provide additional wildlife protection if necessary during periods of migration, including a description of hazing programs or other temporary or emergency measures which shall be instituted.

(5) The wildlife protection plan may avoid duplication by incorporating information included in environmental assessments (EA) or environmental impact statements (EIS) prepared for the proposed chemical process mine, or information included in the consolidated permit application required by DOGAMI. The plan shall identify by source, section and page number the information being relied upon to meet each of the requirements of OAR 635-420-0030 and this division.

History

Statutory/Other Authority: ORS 496.012 & 506.109
Statutes/Other Implemented: ORS 496.012 & 506.109
FWC 140-1991, f. & cert. ef. 12-26-91

Or. Admin. R. 635-420-0030 Standards for Wildlife Protection

Chemical process mining operations shall use the best available, practicable and necessary wildlife protection technologies to maintain an objective of zero wildlife mortality. Wildlife protection measures shall meet or exceed the following standards which are necessary to protect wildlife:

(1) Chemical processing solutions shall be applied to heap leach pads by drip-irrigation systems or other methods which preclude ponding or other conditions which could result in the ingestion of or exposure to chemical processing solutions by wildlife.

(2) Chemical processing solutions shall be contained, or shall be covered in accordance with OAR 635-420-0040 and fenced in accordance with 635-420-0050 to preclude access by wildlife.

(3) Associated wastewaters shall be maintained in a condition that is not harmful to wildlife or shall be covered in accordance with OAR 635-420-0040 and fenced in accordance with 635-420-0050 to preclude access by wildlife.

(4) Electrical power lines and other transmission facilities shall be designed an constructed to prevent electrocution hazard to wild birds by incorporating features such as armless poles, vertical separation of wires, pole extensions perches or line insulators. Designs shall be consistent with the specifications contained in “Suggested Practices for Raptor Protection on Powerlines” (Raptor Research Report No. 4, Raptor Research Foundation, Inc., 1981) or with equivalent specifications approved by the Department.

(5) Access to a chemical process mine by mine employees and the public shall be controlled to minimize harassment of wildlife and collisions between vehicles and wildlife. On publically owned lands, these controls shall be developed in conjunction with, and shall be subject to the approval of, the applicable public land management agency.

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

History

Statutory/Other Authority: ORS 496.012 & 506.109
Statutes/Other Implemented: ORS 496.012 & 506.109
FWC 140-1991, f. & cert. ef. 12-26-91

Or. Admin. R. 635-420-0040 Minimum Standards for Covering or Containment

(1) All conveyances for chemical processing solutions shall be covered or contained to preclude access by wildlife. Conveyances for associated wastewaters shall be covered or contained to preclude access by wildlife, or shall be maintained in a condition that is not harmful to wildlife.

(2) All uncontained chemical processing solution ponds or impoundments shall be covered to preclude access by wildlife.

(3) Covers and containers shall preclude access to chemical processing solutions and associated wastewaters by wildlife. At a minimum, cover designs shall be based on the following factors:

(a) Wind and snow loads at a mean recurrence interval of 100 years;

(b) Size, shape and location of the area to be covered;

(d) Direction of prevailing winds.

(4) All covers, as well as their supports and attachments, shall be made of durable ultraviolet resistant materials.

(5) The mesh openings of netting and other permeable covers shall be no larger than one square inch unless the Department determines that a larger mesh size is adequate to exclude birds, bats and other wildlife.

(6) Netting and netting support systems shall meet the following minimum specifications:

(a) Netting shall be solid-strand polypropylene, high density polyethylene or other material of equivalent or better strength, durability and resistance to penetration by wildlife;

(b) Netting shall be black or another color which does not attract resident or migratory birds and bats;

(d) Sections of netting shall be fastened together or terminated on cables in a manner which precludes access to processing solutions by wildlife. The following minimum specifications shall apply:

(A) Where sections of netting are fastened together, they shall be overlapped a minimum of six inches and attached at intervals no greater than six inches;

(B) Where a section of netting is terminated on a support cable or a perimeter ground cable, the netting shall be folded around the cable, overlap itself a minimum of six inches, and be attached to itself at intervals no greater than six inches;

(C) Where sections of netting that are terminated on support cables lie adjacent to one another, the support cables shall be fastened together at intervals sufficient to prevent gaps greater than one inch wide between the support cables;

(D) Rope made of polypropylene or other material of equivalent or better strength, durability and ultraviolet resistance shall be strung above the netting to minimize net ship in high winds;

(E) Netting shall be fastened to perimeter ground cables which are securely anchored to the ground.

History

Statutory/Other Authority: ORS 496.012 & 506.109
Statutes/Other Implemented: ORS 496.012 & 506.109
FWC 140-1991, f. & cert. ef. 12-26-91

Or. Admin. R. 635-420-0050 Minimum Standards for Fencing

Fencing which meets the following minimum specifications shall be placed around all chemical processing solutions and associated wastewaters which are not contained:

(1) Fences shall be a minimum of eight feet in height. Higher fences may be required by the Department if necessary due to the characteristics of the mine site, including but not limited to slope or topography or the wildlife species identified in the baseline data.

(2) A ground cloth of a minimum of 0.5 inch mesh shall cover the lower 30 inches of the fencing and shall extend below and horizontal to the ground surface for a distance sufficient to exclude burrowing mammals. The ground cloth shall be galvanized hardware cloth or other material of equivalent or better strength, durability and resistance to penetration by wildlife. The Department shall determine appropriate mesh sizes, depths and horizontal distances based on the soil horizons and wildlife species identified in the baseline data.

(3) If fencing materials other than chain link or cyclone fencing are used, the following additional minimum specifications shall be followed:

(a) Wooden posts not less than 11 feet 6 inches long or #133 studded “T” steel posts not less than ten feet long shall be used as line posts. When steel posts are used, every seventh post shall be wooden;

(b) Wood posts shall have a top diameter of not less than five inches and shall be free from defect, decay or damage. They shall be treated for at least three feet at the base with a wood preservative to prevent decay or insect damage;

(c) Wood posts shall be sunk at least two feet six inches into the ground and set no more than one rod apart. Posts shall be securely braced at the corners, angles, and at intervals along the line;

(d) The fence shall be constructed of 14.5 gauge woven wire with vertical stays every six inches and no less than 17 horizontal line wires. The bottom of the fence shall be at ground level. The wire shall be tightly stretched and firmly stapled with 1.5-inch staples at the rate of ten staples per post.

History

Statutory/Other Authority: ORS 496.012 & 506.109
Statutes/Other Implemented: ORS 496.012 & 506.109
FWC 140-1991, f. & cert. ef. 12-26-91

Or. Admin. R. 635-420-0060 Wildlife Mitigation Plan

(1) The applicant shall prepare a wildlife mitigation plan as part of the consolidated application for a chemical process mine in OAR chapter 637, division 037. On the date the consolidated application is submitted to DOGAMI, the applicant shall provide one copy of the wildlife mitigation plan and all information incorporated into the plan by reference to each Department representative on the Project Coordinating Committee and the Technical Review Team.

(2) Mitigation measures shall employ reliable methods as defined in OAR 635-415-0015, and shall be based upon the best available, practicable and necessary technology to meet the standard of no overall net loss of habitat value. The standard of “no overall net loss” shall be met through compliance with OAR 635, division 415.

(3) The Department, or a third party contractor hired by the Department, shall review the wildlife mitigation plan and shall notify DOGAMI and the applicant in writing of any amendments which are necessary for compliance with the requirements of this rule or OAR 635, division 415.

(4) The wildlife mitigation plan shall include the information required in OAR 635-415-0020(5). Affected wildlife habitats shall be evaluated using methodologies approved by the Department which are well-documented, measurable and verifiable. Examples of such methodologies include, but are not limited to, the U.S. Fish and Wildlife Service Habitat Evaluation Procedure and, if applicable, the U.S. Fish and Wildlife Service In-Stream Flow Incremental Methodology. Examples of habitats that shall be addressed in the mitigation plan include, but are not limited to:

(a) Surface waterways, streams, springs, seeps, wetlands and other aquatic habitats;

(b) Riparian areas;

(d) Bird habitat;

(e) Habitat for state or federally listed threatened or endangered species, and state sensitive species;

(f) Reproduction and nursery areas;

(g) Fish spawning areas;

(h) Geomorphic and edaphic habitats including cliffs, caves, sand dunes, play as and local distinctive soils that, along with their vegetation, contrast markedly with the surrounding area;

(i) Wildlife migration and movement corridors.

(5) The mitigation plan shall ensure that a self-sustaining ecosystem comparable to undamaged ecosystems in the study area is established upon completion of reclamation. The plan shall establish quantitative measures of ecosystem utility and stability, including but not limited to quantitative measures for evaluating habitat diversity, wildlife species diversity, and plant community composition, structure and utilization by wildlife.

(6) The wildlife mitigation plan may avoid duplication by incorporating information included in environmental assessments (EA) or environmental impact statements (EIS) prepared for the proposed chemical process mine, or information included in the consolidated permit application required by DOGAMI. The plan shall identify by source, section and page number the information being relied upon to meet each of the requirements of OAR 635-420-0040(5) and this division.

History

Statutory/Other Authority: ORS 496.012 & 506.109
Statutes/Other Implemented: ORS 496.012 & 506.109
FWC 140-1991, f. & cert. ef. 12-26-91

Or. Admin. R. 635-420-0070 Wildlife Injury and Mortality Reporting

(1) The permittee is responsible for monitoring and maintaining the protection measures described in the wildlife protection plan on an ongoing and constant basis throughout the lifetime of the chemical process mine, including periods of temporary and seasonal closure.

(2) The permittee shall maintain a record of all wildlife injury and mortality that occurs in association with the chemical process mine. This record shall include a photographic record of injury and mortality using a standard protocol approved by the Department.

(3) The permittee shall submit a report of wildlife injury and mortality to the designated Department representative on the Project Coordinating Committee and the Technical Review Team on a quarterly basis starting from the date of issuance of the permit. The report shall be submitted on forms provided by the Department. If no injury or mortality occurs, the report must so state. The Department may require more frequent reporting pending correction of any condition or practice existing at a chemical process mine which is or can reasonably be expected to be harmful to wildlife, or any violation of any requirement of OAR 635-420-0000 through 635-420-0110, or any permit condition designed to protect wildlife.

(4) The permittee shall report the following wildlife injuries or mortalities by telephone to the designated Department representative on the Technical Review Team by the beginning of the next working day following their occurrence or observation:

(a) Injuries or mortalities which may be associated with exposure to chemical processing solutions or associated wastewater;

(b) Injuries or mortalities which may be associated with wildlife protective measures;

History

Statutory/Other Authority: ORS 496.012 & 506.109
Statutes/Other Implemented: ORS 496.012 & 506.109
FWC 140-1991, f. & cert. ef. 12-26-91

Or. Admin. R. 635-420-0080 Inspection of Mining Operations

(1) Every permittee or the permittee’s agent shall always keep open to inspection by the Department or its agent the permit area as well as any books, records, papers or memoranda which are pertinent to the administration of this division, 1991 Oregon Laws, Chapter 735, or OAR 632, division 037.

(2) The Department may access and copy any record and inspect any monitoring equipment or method of operation required for compliance with permit conditions for the protection of wildlife.

(3) The permittee shall notify the Department 30 days prior to completion of construction of a chemical process mine. The Department shall inspect the construction site within ten days of completion of construction. The use of chemical processing solutions to dissolve metals from ore shall not commence until the Department notifies the permittee that the inspection is complete. Subsequent inspections shall be conducted at a frequency sufficient to ensure that the requirements of this division and any permit conditions designed to protect wildlife are being met. At a minimum, Department inspections shall be conducted on a semi-annual basis, beginning at the time of permit issuance.

(4) When the Department determines on the basis of an inspection that any condition or practice existing at a chemical process mine is or can reasonably be expected to be harmful to wildlife, or that any permittee is in violation of any requirement of this division or any permit condition designed to protect wildlife, the Department shall document this finding in the inspection report and immediately notify the permittee and DOGAMI.

(5) Copies of the inspection report shall be mailed in a timely fashion to:

(a) The permittee, or the permittee’s designated agent or management personnel at the chemical process mine; and

(b) DOGAMI.

(6) Copies of any records, reports, inspection materials or information obtained during the Department inspection, except as otherwise provided by ORS 192.410 to 192.505 shall be made available to the public upon request.

History

Statutory/Other Authority: ORS 496.012 & 506.109
Statutes/Other Implemented: ORS 496.012 & 506.109
FWC 140-1991, f. & cert. ef. 12-26-91

Or. Admin. R. 635-420-0090 Content of Inspection Report

(1) Department inspection reports shall be made on a form approved by the Department and shall indicate:

(a) The date and time of inspection;

(b) The name of the Department employee who conducted the inspection and include his or her signature;

(c) Access to and adequacy of the permittee’s wildlife injury and mortality reports and facility monitoring and inspection reports;

(d) Whether or not the general wildlife protection standards have been adequately implemented;

(e) Whether or not the special wildlife protection conditions specific to the chemical process mine permit have been adequately implemented;

(f) Any violations noted by the Department;

(g) Modifications necessary to correct any identified violations.

(2) The Department shall record on the inspection report any condition or practice existing at a chemical process mine that is or can reasonably be expected to be harmful to wildlife. In making this determination, the Department shall:

(a) Identify the condition or practice which is or can reasonably be expected to be harmful to wildlife;

(b) Identify the portion of the chemical process mine within which the condition or practice occurs;

(c) Specify revisions or modifications of the permit conditions which are necessary to correct the condition or practice, including temporary or emergency measures to be taken in the interim.

(3) The Department shall request DOGAMI to convene the Project Coordinating Committee at the earliest possible date to review permit modifications proposed by the Department to correct a condition or practice which is or can reasonably be expected to be harmful to wildlife.

(4) The Department shall record on the inspection report any condition or practice existing at a chemical process mine that is in violation of any requirement of this division or any permit condition designed to protect wildlife. In making this determination, the Department shall:

(a) Identify the provisions of the permit which have been violated;

(b) Set forth with reasonable specificity the nature of the violation;

(c) Identify the steps necessary to abate the violation, in the most expeditious manner possible, including temporary or emergency measures to be taken in the interim;

(d) Identify the portion of the chemical process mine which is subject to the violation.

History

Statutory/Other Authority: ORS 496.012 & 506.109
Statutes/Other Implemented: ORS 496.012 & 506.109
FWC 140-1991, f. & cert. ef. 12-26-91

Or. Admin. R. 635-420-0100 Liability and Penalties

(1) The permittee shall be held liable for any wildlife injury or mortality. The issuance of a chemical process mining permit does not relieve the permittee from liability for wildlife injury or mortality resulting from acts conducted pursuant to the conditions of the permit.

(2) Compensation for wildlife injury or mortality shall be determined and pursued as provided for in:

(a) ORS 517.750 through 517.955, 517.960 through 517.976, OAR 632-037-0125; and

(b) ORS 468.745, 496.705, 496.992, OAR 635-001-0025, or 635-410-0030 or other applicable statutes and rules.

History

Statutory/Other Authority: ORS 496.012 & 506.109
Statutes/Other Implemented: ORS 496.012 & 506.109
FWC 140-1991, f. & cert. ef. 12-26-91

Or. Admin. R. 635-420-0110 Certification of Self-Sustaining Ecosystem

(1) At least 90 days prior to a request to DOGAMI for release of financial security pursuant to OAR 632-037-0110, the permittee shall submit a report to the Department evaluating the success of habitat restoration against the quantitative measures of ecosystem utility and stability established in the wildlife mitigation plan required pursuant to 635-420-0060.

(2) The evaluation of the success of habitat restoration shall be based on field surveys and monitoring efforts which utilize the approved methodologies used to collect baseline data. The report submitted by the permittee shall describe all field surveys and monitoring efforts which have been conducted. This description shall include, but is not limited to:

(a) A site plan showing the location of field surveys and monitoring efforts;

(b) A description of the methodologies used to conduct field surveys and monitoring efforts;

(3) The Department, or a third party contractor hired by the Department, shall conduct a site investigation to verify the report submitted by the permittee and to determine if a self-sustaining ecosystem comparable to undamaged ecosystems in the area has been created.

(4) The Department, or a third party contractor hired by the Department, shall notify the permittee and DOGAMI in writing of the results of the Department’s site investigation and provide a recommendation on the permittee’s request for release or reduction of financial security. The Department’s recommendation shall:

(a) Describe the reasons for the Department’s determination that a self-sustaining ecosystem has or has not been created; or

(b) If the Department is unable to determine whether a self-sustaining ecosystem has been created, describe the additional field studies or monitoring which are necessary to make this determination.

(5) The Department’s recommendation shall be sent to DOGAMI and the permittee prior to the public hearing held by DOGAMI under OAR 632-037-0110 to determine whether to allow the release or reduction of financial security. Copies of the Department’s recommendation will be available to the public upon request.

History

Statutory/Other Authority: ORS 496.012 & 506.109
Statutes/Other Implemented: ORS 496.012 & 506.109
FWC 140-1991, f. & cert. ef. 12-26-91

Or. Admin. R. 635-420-0120 Compliance with Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans

(1) This division represents a “new agency land use program” as defined in OAR 635-405-0005, and is subject to the requirements of the Department’s State Agency Coordination Program and OAR 635-405-0035.

(2) The Department shall rely on decisions made by the Department of Geology and Mineral Industries pursuant to their State Agency Coordination Program and OAR chapter 632, divisions 001 and 037 to assure that chemical process mining operations reviewed under this division comply with the Statewide Planning Goals and are compatible with acknowledged comprehensive plans and land use regulations.

(3) The meaning of the land use terms in this rule shall be the same as defined in OAR 635-405-0005.

History

Statutory/Other Authority: ORS 496.012 & 506.109
Statutes/Other Implemented: ORS 496.012 & 506.109
FWC 140-1991, f. & cert. ef. 12-26-91

Division 425 IN-WATER BLASTING PERMITS

Or. Admin. R. 635-425-0000 Purpose

The purpose of these rules is to further the State of Oregon’s Wildlife Policy contained in ORS 496.012 and 496.138 and the Food Fish Management Policy contained in 506.109 by applying consistent standards for reviewing and issuing in-water blasting permits as required by 509.140. These rules establish procedures that the Department will use to review and make decisions on applications for in-water blasting activities, including any permit conditions necessary to prevent injury to fish, wildlife, and their habitat.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
DFW 31-2002, f. & cert. ef. 4-16-02
FWC 134-1991, f. & cert. ef. 11-20-91

Or. Admin. R. 635-425-0005 Applicability

OAR 635-425-0000 through 635-425-0050 apply whenever the use of explosives is desired in the course of removing any obstruction in any waters of this state, in constructing any foundations for dams, bridges or other structures, or in carrying on any trade or business.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
DFW 31-2002, f. & cert. ef. 4-16-02
FWC 134-1991, f. & cert. ef. 11-20-91

Or. Admin. R. 635-425-0010 Definitions

For the purposes of OAR 635-425-0000 through 635-425-0050 only:

(1) “Applicant” means any person, partnership, corporation, association, public interest organization, political subdivision, governmental board, agency or commission who files an application pursuant to ORS 590.140 for a permit to use explosives.

(2) “Department” means the Oregon Department of Fish and Wildlife.

(3) “District” means the smallest geographic administrative unit of the Department of Fish and Wildlife for the purposes of managing fish and wildlife resources.

(4) “Endangered Species” means:

(a) Any native fish or wildlife species determined by the Fish and Wildlife Commission to be in danger of extinction throughout any significant portion of its range within the state; or

(b) Any native fish or wildlife species listed as an endangered species pursuant to the federal Endangered Species Act of 1973 (PL 93-205, 16 USC § 1531), as amended.

(5) “Explosives” means any explosive substances, including but not limited to powder, detonating cord, binaries, gels, slurries, dynamites and nitroglycerine.

(6) “Fish and Wildlife” means fish, shellfish, intertidal animals, wild birds, amphibians, reptiles, and wild mammals.

(7) “In-Water Blasting” means the use of explosives on, under, or in waters of this state, or in any location adjacent to the waters of this state where blasting would have an impact on fish and wildlife or their habitat.

(8) “Injury” means any harm to fish or wildlife or their habitat due to in-water blasting activities.

(9) “Major Project” means an in-water blasting project that requires multiple detonations or multiple days, or crosses two or more Department regions or districts. Major projects may include but are not limited to bridge removal, pipeline crossings, or channel deepening.

(10) “Minor Project” means an in-water blasting project that has, in the judgement of the Department, minimal effects and requires a single detonation or single-day blasting, and occurs within a single district. Minor projects may include but are not limited to boulder removal to improve fish passage.

(11) “Practicable” means capable of being done within existing knowledge and technical constraints.

(12) “Region” means one of the four major geographic administrative units of the Department of Fish and Wildlife for the purpose of managing fish and wildlife resources.

(13) “Sensitive Species” refers to fish or wildlife species, subspecies, or populations that are subject to a decline in number of sufficient magnitude to qualify their listing as threatened due to loss in quantity or quality of habitat or other factors.

(14) “Threatened Species” means:

(a) Any native fish or wildlife species the Fish and Wildlife Commission has determined is likely to become an endangered species within the foreseeable future throughout any significant portion of its range within this state; or

(b) Any native fish or wildlife species listed as a threatened species pursuant to the federal Endangered Species Act of 1973 (PL 93-205, 16 USC § 1531), as amended.

(15) “Waters of This State” means all waters over which the State of Oregon has jurisdiction, or joint or other jurisdiction with any other state or government, including waters of the Pacific Ocean and all bays, inlets, lakes, rivers, and streams within or forming the boundaries of this state.

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

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
DFW 31-2002, f. & cert. ef. 4-16-02
FWC 134-1991, f. & cert. ef. 11-20-91

Or. Admin. R. 635-425-0015 Fish and Wildlife In-Water Blasting Permit Policy

It is the policy of the Oregon Fish and Wildlife Commission to discourage in-water blasting unless it is the only practicable method to accomplish the project goals. The Department may issue in-water blasting permits only if they contain conditions for preventing injury to fish and wildlife and their habitat.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
DFW 31-2002, f. & cert. ef. 4-16-02
FWC 134-1991, f. & cert. ef. 11-20-91

Or. Admin. R. 635-425-0020 Application Requirements

(1) Timing of Application: An application for an in-water blasting permit must be submitted no less than 90 days before the anticipated in-water blasting for a major project, and no less than 30 days before the anticipated in-water blasting for a minor project. The Department may waive these deadlines in emergency situations where the blasting is necessary to prevent irreparable harm, injury or damage to persons or property.

(2) Submittal of Application: The applicant must submit an application on a form prepared by the Department. The application process is as follows:

(a) An application for a minor project must be submitted to the Department's district office for the area in which the blasting will occur;

(b) An application for a major project within a single region must be submitted to the Department's regional office for the region in which the blasting will occur;

(c) An application for a major project affecting two or more Department regions must be submitted to the Oregon Department of Fish and Wildlife.

(3) Content of Application: The application must include the following information:

(a) The applicant's name, home and business addresses, and telephone numbers;

(b) The State Fire Marshal's Certificate of Possession number and the expiration date of the certificate of the person(s) conducting the blasting (see ORS Chapter 480);

(c) The landowner's name (if applicant is not the owner of the property), home and business addresses, telephone numbers, and written consent to the proposed in-water blasting described in the application;

(d) The geographical location of the property that will be affected by the proposed in-water blasting, including a map and description of the site and waterway(s) affected;

(e) Purpose and description of the proposed in-water blasting;

(f) A map indicating where the explosives will be placed;

(g) The estimated distance of impact and area affected by the proposed blasting;

(h) Names, addresses, and telephone numbers of property owners within the area affected by the proposed blasting;

(i) The estimated amount of explosives required;

(j) The date or dates during which blasting is planned;

(k) Where debris from the blasting will be placed;

(l) The type of explosives to be used;

(m) The approximate size and number of charges to be detonated and the detonation delays between each charge;

(n) The conditions under which the blasting will be done, including water depth;

(o) Blasting medium (water column or adjacent rock or soil);

(p) The alternatives, if any, to the proposed in-water blasting, including an analysis of their practicability;

(q) Information on fish and wildlife habitat within the area that would be affected by the proposed blasting and the predicted effects of the proposed blasting on these habitats. The information must include predicted effects of the proposed blasting on beds and banks of the waters of the state, adjacent areas of the riparian vegetation and wetlands, and the potential for dewatering waters of the state as a result of substrate disturbance;

(r) Information on fish and wildlife species in the area that would be affected by the proposed blasting (including age class) and the predicted effects of the proposed blasting on these species;

(s) Any existing environmental assessments, environmental impact statements, or other environmental data pertaining to the project must be submitted to the Department. Such documents may be used to satisfy the requirements of subsections (3)(q)–(r) of this rule if the Department determines they adequately address the requirements of those sections;

(t) Proposed measures for preventing injury to fish, wildlife and their habitat, including an analysis of the effectiveness of these measures under the environmental conditions at the blasting site;

(u) Information documenting the project's compliance with the Statewide Planning Goals and compatibility with the applicable acknowledged comprehensive plan(s) and land use regulations as required in OAR 635-425-0025.

(4) The information required by section (3) of this rule satisfies the requirements of OAR 635-415-0020(9) for preparation of a mitigation plan for activities authorized by the blasting permit.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
DFW 31-2002, f. & cert. ef. 4-16-02
FWC 134-1991, f. & cert. ef. 11-20-91

Or. Admin. R. 635-425-0025 Compliance with Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans

(1) Pursuant to the Department’s State Agency Coordination Program, OAR 635 division 405, the applicant must provide information documenting the project's compliance with the Statewide Planning Goals and compatibility with the applicable acknowledged comprehensive plan(s) and land use regulations. Such documentation must include one of the following:

(a) Information affirming that the project has received specific land use approval from the affected city or county;

(b) Information demonstrating that the project does not require specific land use approval by the jurisdiction; or

(c) Findings or information to assure compliance with the statewide planning goals in accordance with OAR 635-405-0020(1)–(3).

(2) If more than one unit of local government has land use approval authority over the site of the proposed project, the applicant must submit documentation in the manner described in section (1) of this rule demonstrating land use compatibility with each of the affected jurisdictions' comprehensive plans.

(3) The meaning of the land use terms used in this division are the same as those contained in OAR 635-405-0005.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
DFW 31-2002, f. & cert. ef. 4-16-02
FWC 134-1991, f. & cert. ef. 11-20-91

Or. Admin. R. 635-425-0030 Application Review Procedures

(1) The Department will provide a copy of the In-Water Blasting Permit Rules and an application form to all applicants for an in-water blasting permit.

(2) The Department will review an application to determine if it is complete and notify the applicant in writing within 15 days after receipt of the application if additional information is required. The notice will specify any additional required information and the deadline for submitting the information.

(3) The Department will begin its review when it receives a complete application. Within 45 days of receiving a complete application for a major project, or 20 days for a minor project, the Department will either deny the application in writing or issue a permit with appropriate conditions for preventing injury to fish, wildlife, and their habitat. The Department may extend its review period for up to 30 days to determine appropriate conditions to prevent injury to fish and wildlife and their habitat.

(4) In deciding whether to approve or deny the application, the Department will consider:

(a) Whether blasting is the only practicable method of accomplishing the proposed activity;

(b) Whether injury to fish, wildlife, and their habitat can be prevented by adequately conditioning the permit; and

(c) Whether proposed blasting for fish passage improvement projects is consistent with the Commission's Wild Fish Management Policy.

(5) For major projects within a single region, the applicable regional office will review the application and will either deny it or issue a permit.

(6) For major projects that affect two or more Department regions, the Habitat Division will review the application and either deny it or issue a permit.

(7) For minor projects, the applicable district will review the application and either deny it or issue a permit.

(8) Projects in estuarine and marine waters will be coordinated with Marine Program staff.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.119 & 509.140
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
DFW 31-2002, f. & cert. ef. 4-16-02
FWC 134-1991, f. & cert. ef. 11-20-91

Or. Admin. R. 635-425-0035 Permit Conditions

The Department will condition each in-water blasting permit as necessary to prevent injury to fish, wildlife, and their habitat. Protective permit conditions include but are not limited to the following:

(1) The applicant must clean up all debris associated with in-water blasting, including blasting wire, dynamite, boxes, etc. The Department may require the applicant to clean up debris such as fly rock.

(2) If necessary to prevent injury to fish and wildlife, the permittee must divert or remove them from the site immediately before blasting, using methods approved by the Department.

(3) If marine mammals are present at the blasting site, the permittee must contact the National Marine Fisheries Service to determine any steps necessary to comply with the federal Marine Mammal Protection Act, and may ask for the Department's assistance in carrying out such steps. The Department may require the permittee to pay in advance for assistance provided.

(4) If the Department determines it is necessary, the permittee must conduct a pre and post blasting survey of fish and wildlife using methods approved by the Department.

(5) Measures to reduce shock waves from explosives will be required if necessary to prevent injury to fish or wildlife. Examples of appropriate methods include using bubble curtains and detonation delays between charges.

(6) Timing of in-water blasting must be restricted to prevent injury to fish, wildlife, and their habitat, fish eggs or other aquatic life, and commercial and recreational fisheries consistent with the Department's “Guidelines for Timing of In-Water Work to Protect Fish and Wildlife Resources” (Exhibit 1). Timing for all blasting permits must follow the Timing Guidelines unless modified by the appropriate local district fishery biologist due to the absence of fish or wildlife species or the presence of a species not adequately protected by the timing guidelines.

(7) Potential pollutants incidental to the blasting work, including but not limited to fuel and other petroleum product, must be stored in such a manner and location that prevent these pollutants from entering waters of this state.

(8) The permittee must minimize disturbance to streambanks and riparian vegetation. The permittee must recontour and revegetate disturbed soils to the standard set by the Department in consultation with other state or local agencies with regulatory authority over reclamation.

(9) The Department may place special restrictions on blasting permits for projects that may adversely affect state threatened, endangered, or sensitive species, or federal threatened, endangered, or candidate species.

(10) The Department may place special restrictions on blasting permits for projects that may adversely affect special aquatic sites, such as federal estuarine research reserves.

(11) All activities initiated under an in-water blasting permit issued pursuant to OAR 635-425-0000 through 635-425-0050 must be completed within the time period specified in the permit. The Department may extend the time period specified in a permit if the permittee provides a written request stating a valid reason for such an extension. Any extension must be in writing and may include additional conditions to prevent injury to fish, wildlife, and their habitat as provided by these rules.

(12) The applicant must comply with the notification requirements contained in OAR 635-425-0040.

(13) The issuance of a permit does not relieve the permittee from any liability, including but not limited to liability for injury to persons, property, or fish and wildlife or their habitat.

[ED. NOTE: Exhibits referenced are available from the agency]

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
DFW 31-2002, f. & cert. ef. 4-16-02
FWC 134-1991, f. & cert. ef. 11-20-91

Or. Admin. R. 635-425-0040 Notification Requirements

(1) Applicants must notify the district fishery or habitat biologist at least 48 hours before actual blasting, and the Department must have the opportunity to have an observer present during and after the blasting. The Department may conduct a pre-blasting site inspection.

(2) Applicants must notify the local law enforcement agencies before blasting activities.

(3) Applicants must notify all adjacent landowners of record on the most recent property tax assessment roll, renters or lessees, and recreational users within the area affected by the proposed blasting of the schedule for planned in-water blasting. This notice must be by:

(a) Registered letters to adjacent landowners with return receipt;

(b) Publication in the local newspaper;

(d) Auditory warnings before blasting.

(4) The applicant must provide to the Department satisfactory evidence of compliance with subsections (3)(a)–(c) of this rule at least three days before the blasting occurs.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
DFW 31-2002, f. & cert. ef. 4-16-02
FWC 134-1991, f. & cert. ef. 11-20-91

Or. Admin. R. 635-425-0045 Compensation for Injury to Fish and Wildlife

The applicant must compensate the State of Oregon for any injury to fish, wildlife, or their habitat resulting from failure to comply with the conditions of the in-water blasting permit, or from failure to obtain an in-water blasting permit. Compensation for such injury or damage will be determined as provided for in ORS 496.705 and 496.992, and OAR 635-001-0025 and 635-410-0030. A permit does not relieve the permittee from liability for the injury to persons, property, or fish and wildlife or their habitat resulting from acts conducted pursuant to the conditions of the permit.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
DFW 31-2002, f. & cert. ef. 4-16-02
FWC 134-1991, f. & cert. ef. 11-20-91

Or. Admin. R. 635-425-0050 Applicability of Existing Laws

An in-water blasting permit is designed to prevent injury to fish and wildlife and their habitat. An in-water blasting permit does not authorize violation of any other applicable state, federal or local laws or regulations. An in-water blasting permit does not supersede any requirements to obtain other applicable permits or authorizations, including but not limited to those permits or authorizations designed to protect human health, safety, welfare, navigation, or fish and wildlife.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140
DFW 31-2002, f. & cert. ef. 4-16-02
FWC 134-1991, f. & cert. ef. 11-20-91

Division 430 TAX INCENTIVE PROGRAMS

Or. Admin. R. 635-430-0000 Purpose of Wildlife Habitat Conservation and Management Program

The purpose of these rules is to implement the Wildlife Habitat Conservation and Management Program (Program), ORS 308A.400-308A.430. These rules:

(1) Establish priorities, criteria and standards for enrollment of parcels, tracts, or lots of eligible land into the Program;

(2) Specify the form and content of a wildlife habitat and conservation management plan and the conservation and management practices that are appropriate to preserve, enhance or improve the structure or function of wildlife habitat; and

(3) Establish processes for self-reporting, site inspection, and adding and removing eligible land from the Program.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 308A.400-308A.430
Statutes/Other Implemented: ORS 496.012 & 308A.400-308A.430
DFW 68-2024, amend filed 08/14/2024, effective 08/14/2024
DFW 115-2004, f. & cert. ef. 11-26-04
DFW 11-1998, f. & cert. ef. 2-5-98
FWC 23-1994, f. & cert. ef. 4-29-94

Or. Admin. R. 635-430-0010 Definitions of Wildlife Habitat Conservation and Management Program

For the purposes of OAR 635-430-0000 through 635-430-0100 only:

(1) "Cooperating agency" means the Oregon Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, the Natural Resources Conservation Service, the Oregon State University Extension Service, Oregon Department of Forestry, Soil and Water Conservation Districts, Watershed Councils, Land Trusts, and organizations whose mission includes fish and wildlife conservation. Other persons with wildlife conservation and management training may be considered cooperating agencies if they meet the following qualifications:

(a) A degree or certification from an accredited educational institution in a field of study providing knowledge that may be applied to preserve, enhance or improve habitat for native wildlife. Such fields of study include, but are not limited to, wildlife biology, wildlife management, fisheries management, biology, zoology, limnology, botany, ecology, wetland ecology, forest ecology, ecosystem management, environmental engineering, soil science, other natural science, or landscape architecture; or

(b) Certification from a professional society (including but not limited to The Wildlife Society, American Fisheries Society, or Ecological Society of America) or licensure by the state in a field listed in subsection (1)(a) of this rule; and

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

(3) “Watershed District” means an administrative unit of the Oregon Department of Fish and Wildlife based on geographic areas in Oregon.

(4) "Landowner" means the party or parties having the fee interest in a lot, parcel, or tract of land, except where land is subject to a real estate sale contract where "landowner" means the contract vendee.

(5) “Wildlife” means fish, shellfish, intertidal animals, wild birds as defined in OAR 635-057-0000, amphibians, reptiles and wild mammals as defined in OAR 635-057-0000.

(6) “Oregon Conservation Strategy”, as defined in ORS 541.890, is Oregon’s wildlife action plan for conserving native species by maintaining and restoring functioning habitats, and preventing declines in these resources where possible.

(7) “Native habitats of conservation concern” are habitat types that have experienced a high degree of loss since European settlement and continue to face impacts that threaten their conservation values. These habitats have been identified by state or federal resource agencies, local governments, federally recognized tribes, regional governments, watershed councils, conservation organizations or other qualified entities as important habitats for protection or ecological restoration to prevent additional loss of native habits or species. These may include Strategy Habitats and Local and Specialized Habitats as defined by the Oregon Conservation Strategy.

(8) "Native vegetation" means vegetation that is indigenous to the subject property or to the physiographic province in which the subject property is located.

(9) “Native” means of indigenous origin or growth.

(10) “Significant wildlife habitat” means land that provides native habitats of conservation concern and meets property enrollment criteria identified in OAR 635-430-0027(2)(a)-(d).

(11) “Intact habitat” means a native habitat of conservation concern that shows minimal sign of human activity or habitat fragmentation and is large enough to maintain native biodiversity.

(12) "Subject property" means a lot, parcel or tract that is subject to a wildlife habitat conservation and management plan.

(13) “Property” means a lot, parcel, or tract under the ownership of a landowner.

(14) "Parcel" has the meaning given that term in ORS 215.010(1).

(15) "Tract" has the meaning given that term in ORS 215.010(2).

(16) "Lot" has the meaning given that term in ORS 92.010(4).

(17) “Wildlife Habitat Special Assessment” means an incentive program that the landowner of a subject property may apply for when a wildlife habitat conservation and management plan is approved by the Department and is being implemented by the landowner. Wildlife Habitat Special Assessment is not administered by the Department; county assessors administer the assessment guided by ORS 308A.427.

(18) "Wildlife habitat conservation and management plan" or "Plan" means a plan developed by a cooperating agency and landowner that specifies the conservation and management practices, including agricultural and forestry practices, consistent with the overall intent of the plan, that will be conducted to preserve, enhance or improve the structure or function of wildlife habitat on the subject property.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 308A.400-308A.430
Statutes/Other Implemented: ORS 496.012 & 308A.400-308A.430
DFW 68-2024, amend filed 08/14/2024, effective 08/14/2024
DFW 115-2004, f. & cert. ef. 11-26-04
DFW 11-1998, f. & cert. ef. 2-5-98
FWC 23-1994, f. & cert. ef. 4-29-94

Or. Admin. R. 635-430-0020 Priority Habitats for the Wildlife Habitat Conservation and Management Program

(1) The primary objective of the Wildlife Habitat Conservation and Management Program is to preserve, enhance or improve the composition, structure or function of habitat for native wildlife species.

(2) To enroll in the Program, properties must support native habitats of conservation concern. Based on Department priorities such as the Oregon Conservation Strategy, the Department will maintain a list of native habitats of conservation concern in each Watershed District in which at least one county is enrolled in the Program.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 308A.400-308A.430
Statutes/Other Implemented: ORS 496.012 & 308A.400-308A.430
DFW 68-2024, amend filed 08/14/2024, effective 08/14/2024
DFW 115-2004, f. & cert. ef. 11-26-04
DFW 11-1998, f. & cert. ef. 2-5-98
FWC 23-1994, f. & cert. ef. 4-29-94

Or. Admin. R. 635-430-0025 State Fish and Wildlife Commission Designation of Eligible Land

(1) At the request of the governing body of a county, the Director of the State Fish and Wildlife Department may designate any or all of the following land in unincorporated areas within the county as eligible for wildlife habitat special assessment:

(a) Any land that is zoned for exclusive farm use, mixed farm and forest use or forest use under a land use planning goal protecting agricultural land or forestland; or

(b) Land that is clearly identifiable as containing significant wildlife habitat.

(2) At the request of the governing body of a city, the Director may designate any or all of the following land within the incorporated city as eligible for wildlife habitat special assessment:

(a) Any land that is zoned for exclusive farm use, mixed farm and forest use or forest use under a land use planning goal protecting agricultural land or forestland; or

(b) Land that is clearly identifiable as containing significant wildlife habitat.

(3) With the prior consent of the governing body of a city, the county in which all or a part of the city is located may apply to the Director on behalf of the city for designation of any area that is within both the city and the county as eligible for wildlife habitat special assessment.

(4) The Director may designate land described in subsection (1) or (2) of this section as eligible for wildlife habitat special assessment only if the Director finds that designation will promote the objectives of the Program and the implementation requirements of these rules.

(5) Any county that did not forbid, by a resolution or other decision of the county governing body, the establishment of wildlife habitat conservation and management plans as of January 1, 2003, shall be deemed to have the land described in OAR 635-430-0025(1)(a) as eligible for wildlife habitat special assessment.

(6) The governing body of the city or county that requested designation under section OAR 635-430-0025 may request that the Director of the State Fish and Wildlife Department remove that designation.

(7) The Director shall remove the designation if:

(a) The city or county demonstrates that the designation creates an economic burden for the city or county; and

(b) The Director finds that the economic burden is significant.

(8) In making its determination under subsection (7) of this section, the Director shall give significant weight to the demonstration of economic burden made by the city or county.

(9) A determination by the Director of the State Fish and Wildlife Department to designate land as eligible for the wildlife special assessment or to remove that designation shall for property tax purposes be effective as of the tax year beginning the July 1 immediately following the determination.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 308A.400-308A.430
Statutes/Other Implemented: ORS 496.012 & 308A.400-308A.430
DFW 68-2024, amend filed 08/14/2024, effective 08/14/2024
DFW 42-2006, f. & cert. ef. 6-14-06
DFW 115-2004, f. & cert. ef. 11-26-04

Or. Admin. R. 635-430-0027 Property Enrollment Criteria

(1) The Department will only enroll properties in the Wildlife Habitat Conservation and Management Program that the Department determines will create or maintain a conservation benefit. The Department will evaluate properties based on habitat type, parcel size, connectivity, native vegetation functionality, and commitment of cooperating agency and resources.

(2) To be eligible, properties must be or have:

(a) Large acreage. The Department will define minimum acreage requirements for each Watershed District and may periodically revise those requirements as needed. Requirements will be posted to the Department’s webpages;

(b) A large proportion of property in a native habitat of conservation concern;

(d) Connectivity or overlap with Department mapped priorities such as those identified by the Oregon Conservation Strategy or adjacent to other public or private lands managed for conservation objectives;

(e) A cooperating agency, or other person meeting criteria in ORS 635-430-0010(1), willing to provide technical assistance, including development and review of the Plan, and possibly conducting field inspections;

(3) Landowner must demonstrate, to the satisfaction of the cooperating agency and Department, that they have the ability and resources to accomplish the short and long-term goals of the Program on their property.

(4) The Department shall prioritize enrolling properties that offer protection of intact native habitats over those that need active or ongoing restoration;

(5) The Department may establish a limit on the number of Plans that can be approved in each calendar year for each Watershed District. Limits will be posted on the Department’s webpages.

(6) The Department may establish annual deadlines for review of Plans. Deadlines will be posted on the Department’s webpages.

(7) Based on Watershed District conservation needs, the Department may identify specific Watershed District priorities or exceptions for each of the above criteria. The department will post any specific priorities or exceptions on the department webpages. The Department may revise these Watershed District priorities and exceptions to these criteria periodically as needed.

(8) Properties enrolled in the Wildlife Habitat Conservation and Management Program prior to the adoption of these rules will not be subject to the criteria described in subsections 2(a)-(e) of this section.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 308A.400-308A.430
Statutes/Other Implemented: ORS 496.012 & 308A.400-308A.430
DFW 68-2024, adopt filed 08/14/2024, effective 08/14/2024

Or. Admin. R. 635-430-0030 Wildlife Conservation and Management Practices

Conservation and management practices appropriate to ensure a conservation benefit may include, but are not limited to:

(1) Protecting existing native vegetation;

(2) Planting native trees, shrubs, grasses and other native vegetation;

(3) Removing invasive, non-native vegetation that threatens native plant communities;

(4) Controlling and/or removal of native vegetation to restore historic habitat structure;

(5) Forest stand improvement, including forest thinning;

(6) Control of invasive, non-native fish or wildlife that threaten native wildlife species;

(7) Prescribed burning to maintain fire adapted native vegetation and ecological processes;

(8) Fencing to protect wildlife habitat or plant communities;

(9) Increasing aquatic habitat diversity by practices such as placing downed, woody material, preserving or creating standing dead trees, or other methods approved by the Department;

(10) Placing boulders, logs and other appropriate materials in streams to enhance fish habitat;

(11) Removing buildings, old fencing, pavements and other man-made features;

(12) Grading altered land areas to restore original hydrology and natural topography;

(13) Restoring, enhancing or creating wetlands;

(14) Establishing vegetative buffers or structural setbacks adjacent to wildlife habitats;

(15) Amending or allowing farming, prescribed grazing and forestry management practices that preserve, enhance or improve the structure or function of wildlife habitat;

(16) Locating new dwellings or structural improvements to minimize conflict with existing or proposed habitat for native wildlife species;

(17) Planting new riparian vegetation or protecting existing riparian vegetation through fencing or other means;

(18) Leasing or selling in-stream water rights as an integral part of the wildlife habitat conservation and management practices; or

(19) Other efforts that improve water quality, protect and restore native fish and wildlife habitats, recover threatened or endangered species, enhance stream flows or maintain or restore long-term ecological health, diversity, climate resilience, and productivity on a broad geographic scale.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 308A.400-308A.430
Statutes/Other Implemented: ORS 496.012 & 308A.400-308A.430
DFW 68-2024, amend filed 08/14/2024, effective 08/14/2024
DFW 115-2004, f. & cert. ef. 11-26-04
DFW 11-1998, f. & cert. ef. 2-5-98
FWC 23-1994, f. & cert. ef. 4-29-94

Or. Admin. R. 635-430-0040 Process, Preparation , Submission and Review of a Wildlife Habitat Conservation and Management Program

(1) Landowners interested in enrolling their property in the Wildlife Habitat Conservation and Management Program shall coordinate with a cooperating agency to learn about Program expectations and criteria for enrollment.

(2) Cooperating agencies interested in providing technical assistance to landowners shall evaluate proposed properties using both the criteria for enrollment identified in OAR 635-430-0027 and the relevant Watershed District priorities and confirm that the Department has not limited new applications for the relevant Watershed District due to workload or other constraints.

(3) If a cooperating agency concludes that the proposed property meets all the criteria and Watershed District priorities for enrollment, the cooperating agency shall coordinate, present and discuss the proposed property with Department staff in the relevant Watershed District. This includes providing information that demonstrates how the property meets the criteria in OAR 635-430-0027. Department staff may require a site visit to assess the eligibility of the property for the Program.

(4) If the Department determines that the proposed property qualifies for the Program and meets all of the criteria in OAR 635-430-0027, the cooperating agency and landowner shall develop a draft wildlife habitat conservation and management plan. The draft Plan shall include the elements outlined in OAR 635-430-0050.

(5) The Department shall review the draft Plan prepared by the cooperating agency and landowner to ensure that it meets the Program criteria and Watershed District priorities for enrollment as outlined in OAR 635-430-0027, certify that the subject property lies within an area or zone designated in the wildlife habitat conservation and management program and ensure that it includes all Plan elements outlined in OAR 635-430-0050.

(6) If the draft Plan does not meet the standards and criteria outlined in this rule, Department staff will communicate with the cooperating agency and the landowner and provide an opportunity for Plan revisions or refinements as necessary.

(7) After completing the reviews described in 635-430-0040(5) and (6), the Department will, within 90 days of receipt of a complete Plan, make a decision to either approve, approve with modifications, or reject the plan, and will notify the landowner of its decision in writing. If the Plan is rejected, the Department will identify in writing the reasons for its decision. The landowner may accept the Department’s proposed modifications, correct plan deficiencies identified by the Department and resubmit the Plan for review, or withdraw their draft Plan if proposed modifications are unacceptable.

(8) If the Department approves the Plan, a written declaration will be issued that the land is subject to the Program and implementation of the wildlife habitat conservation and management plan.

(9) The Department will send one copy of an approved Plan to the landowner, cooperating agency, and appropriate city or county assessment office including the:

(a) Declaration that the land is subject to the wildlife habitat conservation and management plan;

(b) Approved Plan;

(d) Written Statements from the landowner that:

(A) They are aware of the potential tax liability that arises under ORS 308A.703 upon disqualification from the Program;

(B) An affirmation that the wildlife habitat conservation and management plan is being implemented substantially as approved; and

(10) The Department may choose to limit the number of Plans approved each year due to workload or other constraints.

(11) When a wildlife habitat conservation and management plan is approved by the Department, the owner of the land subject to the Plan must apply to the county assessor to receive wildlife habitat special assessment. Application shall be made to the county assessor on forms prepared by the Department of Revenue and supplied by the county assessor. (See ORS 308A.424–308A.430 for further tax assessment guidance.)

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS Ch. 308A
DFW 68-2024, amend filed 08/14/2024, effective 08/14/2024
DFW 115-2004, f. & cert. ef. 11-26-04
DFW 11-1998, f. & cert. ef. 2-5-98
FWC 23-1994, f. & cert. ef. 4-29-94

Or. Admin. R. 635-430-0050 Wildlife Habitat Conservation and Management Plan Content

Plans developed after the effective date of these rules shall include the following elements:

(1) Certification from the city or county, on a Department form, that the subject property is within an area or zone designated for participation in the Wildlife Habitat Conservation and Management Program;

(2) The name, mailing address, site address, email, and telephone number of the landowner;

(3) The name, affiliation, address, email and phone number of the cooperating agency;

(4) The township, range, section, tax lot number(s), zoning and county of the subject property;

(5) The acreage of the subject property and the acreage of land proposed for enrollment in the Program. The acreage of land proposed for enrollment shall not include dwellings;

(6) An aerial photograph of the subject property that clearly distinguishes the features and boundaries of the property;

(7) Map(s) and written descriptions of the physical features, vegetation, and native habitats of conservation concern that currently exist on the subject property. The map(s) shall be readable, reproducible, and based on current technology. The map(s) shall display the following:

(a) Areas of native habitats of conservation concern such as those identified in the Oregon Conservation Strategy;

(b) Rivers and intermittent and perennial streams (including names);

(d) Wetlands and riparian areas;

(e) Other areas identified in the local comprehensive plan as significant wildlife habitat;

Dwellings, roads, fences and other artificial structures.

(8) A description of:

(a) The wildlife habitat conservation and management objectives to be achieved; and

(b) The conservation and management practices that will be conducted to preserve, enhance or improve the structure or function of wildlife habitat on the subject property; and

(9) Time frames to implement each conservation and management practice identified in 8(a-c) above.

(10) Map(s) and written descriptions of the physical features, vegetation, and native habitats of conservation concern reasonably expected to exist on the subject property after implementation of the conservation and management practices described in OAR 635-430-0030, including the location of areas managed for farming or forestry, native habitats of conservation concern, control of invasive species, existing and proposed dwellings and other proposed structural improvements, and monitoring points. The map(s) shall be readable, reproducible, and based on current technology.

(11) Signed acknowledgment by the landowner or trustees with a commitment to the following:

(a) Long-term active maintenance of the property following the implementation of the Plan and reporting the results of wildlife habitat conservation and management objectives and actions;

(b) Maintaining the capacity, tools, and resources to actively manage and maintain the habitat on the acres of the subject property that are enrolled in the Program for the length of time that they own the property;

(c) Submitting a yearly self-attestation report in accordance with 635-430-0080 (1) with relevant photographs that document the status of Program management activities in relation to the goals and outcomes outlined in the Plan and that they shall continue to actively manage the property as required to maintain enrollment in the Program.

(d) Understanding that failure to submit an annual update to the Department shall result in disqualification from the Program, which may have potential tax liability for the landowner. See ORS 308A.703.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 308A.400-308A.430
Statutes/Other Implemented: ORS 496.012 & 308A.400-308A.430
DFW 68-2024, amend filed 08/14/2024, effective 08/14/2024
DFW 115-2004, f. & cert. ef. 11-26-04
DFW 11-1998, f. & cert. ef. 2-5-98
FWC 23-1994, f. & cert. ef. 4-29-94

Or. Admin. R. 635-430-0060 Approval Standards for Wildlife Habitat Conservation and Management Plans

If the local Watershed District is accepting new Plans, the Department will approve Plans that meet the following standards:

(1) The property is located on land that has been designated for participation in the Program as defined in OAR 635-430-0025.

(2) The Plan was developed by the landowner and a cooperating agency and contains all the elements required in OAR 635-430-0040 and 0050.

(3) The Plan is consistent with the objectives OAR 635-430-0020 (1) and meets the criteria and Watershed District priorities for enrollment as defined in OAR 635-430-0027 [0020].

(4) The wildlife conservation and management practices are appropriate and adequate to carry out the objectives of the Plan.

(5) The Plan emphasizes preservation, enhancement or improvement of intact habitat and native habitats of conservation concern appropriate to the site to provide a conservation benefit.

(6) All new dwellings or structural improvements are located to minimize conflicts with existing wildlife habitats and negative impacts to native wildlife species.

(7) The Plan is consistent with the Fish and Wildlife Habitat Mitigation Policy (OAR chapter 635, division 415), Climate and Ocean Change Policy (OAR chapter 635, division 900), and other applicable Department plans, policies, rules and statutes.

(8) The Plan's proposed wildlife conservation and management practices are not intended to increase wildlife damage on adjacent lands.

(9) Buffers needed to protect any new habitats created under the Plan will be located on the subject property.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 308A.400-308A.430
Statutes/Other Implemented: ORS 496.012 & 308A.400-308A.430
DFW 68-2024, amend filed 08/14/2024, effective 08/14/2024
DFW 115-2004, f. & cert. ef. 11-26-04
DFW 11-1998, f. & cert. ef. 2-5-98
FWC 23-1994, f. & cert. ef. 4-29-94

Or. Admin. R. 635-430-0070 Amendments to Approved Wildlife Habitat Conservation and Management Plans

(1) Landowners may request amendments to approved wildlife habitat conservation and management plans by contacting the appropriate Watershed District office.

(2) The landowner shall provide a copy of the approved plan and a description of the proposed amendments to the Department.

(3) The Department will follow the procedures in OAR 635-430-0040when reviewing amendments to approved plans.

(4) Amendments shall meet the standards in OAR 635-430-0060.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 308A.400-308A.430
Statutes/Other Implemented: ORS 496.012 & 308A.400-308A.430
DFW 68-2024, amend filed 08/14/2024, effective 08/14/2024
DFW 115-2004, f. & cert. ef. 11-26-04
DFW 11-1998, f. & cert. ef. 2-5-98
FWC 23-1994, f. & cert. ef. 4-29-94

Or. Admin. R. 635-430-0080 Self-Reporting, Site Inspection and Removal of Land

(1) Each February, the Department will alert landowners that they must provide documentation to the Department and appropriate County assessor’s office that their plan is in compliance with the rules. The Department will provide directions and access to the appropriate reporting form.

(2) By April 1 of each year, the landowner of a subject property shall provide documentation to the Department and the appropriate county assessor’s office that the Plan is in compliance with these rules. This documentation shall include the following:

(a) An affirmation that the wildlife habitat conservation and management plan is being implemented substantially as approved;

(b) An affirmation that all representations in the report and photographic attachments are true;

(c) Acknowledgment that the landowner is aware of the tax liability that arises under ORS 308A.703 upon disqualification from the Program; and

(d) An affirmation that prior to or when the property is sold, the landowner will disclose enrollment in the Program to the new landowner, which includes disclosing the requirement to maintain an active Plan to continue eligibility for the Program.

(e ) Acknowledgment that if their annual report is not received by April 1 that they will receive notification from the Department that they are at risk of disqualification from the Program.

(3) If by May 1 of each year, the Department does not receive annual documentation from the landowner of a subject property as described in section (1), the Department will notify the landowner and the appropriate county assessor in writing, that the landowner is disqualified from the Wildlife Habitat Conservation and Management Program and will not be allowed to re-enroll.

(4) The Department or its designee may, periodically or in response to a complaint or other evidence of non-compliance, conduct a physical inspection of a subject project to determine continued compliance with the Plan. The Department or its designee will notify the landowner prior to initiating the site inspection. The landowner must allow the Department staff or delegate agency to access the property in a reasonable amount of time to assess the property’s compliance with the Plan, or the property will be deemed out of compliance by default and be subject to removal.

(5) If, based on site inspections, the Department, the county assessor, or their designee determines the landowner is not implementing the Plan as approved, the Department will send a letter notifying the landowner and cooperating agencies that the landowner is out of compliance. The notice of non-compliance letter will identify the compliance measures that the landowner must initiate and a reasonable timeline for implementing those measures.

(6) If the landowner does not provide documentation of compliance with the Plan or is not implementing the compliance measures required by the Department within the timeframe described in the warning letter, the Department will notify the landowner and the appropriate county assessor that the landowner is disqualified from the Wildlife Habitat Conservation and Management Program and will not be allowed to re-enroll.

(7) If the ownership of the subject property has changed since Department approval of the Plan, the Department will provide the new landowner with a copy of the previous landowner’s approved Plan upon request. Within 45 calendar days of receiving the Plan, the new landowner must alert the county of their interest in the Program and contact the Department to re-enroll the property in the Program. If the new landowner is interested, the Department may require the landowner to submit a new wildlife habitat conservation and management plan that provides conservation benefits and includes the elements outlined in ORS 635-430-0050 within 120 calendar days of receiving the original Plan.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 308A.400-308A.430
Statutes/Other Implemented: ORS 496.012 & 308A.400-308A.430
DFW 68-2024, amend filed 08/14/2024, effective 08/14/2024
DFW 115-2004, f. & cert. ef. 11-26-04
DFW 11-1998, f. & cert. ef. 2-5-98
FWC 23-1994, f. & cert. ef. 4-29-94

Or. Admin. R. 635-430-0095 Request for Reconsideration of Enrollment in the Wildlife Habitat Conservation Management Program

(1) The Department is willing to reconsider enrolling landowners in the WHCMP if they have been unable to meet required timeframes or compliance issues outlined in OAR 635-430-0080 (2, 5 and 6) because of the following reasons:

(a) Tragic personal circumstances including a) death or life-threatening injury or illness in the person’s immediate family or b) the person’s own serious injury or illness, which results in the person’s hospitalization, or

(b) The landowner or cooperator demonstrated a good faith effort to resolve compliance issues and they were unsuccessful.

(2) To apply for reconsideration of the WHCMP, the person must request in writing to the Department within 60 days after notice of the Department’s decision that the landowner was disqualified from the WHCMP. The written request must include a sworn affidavit providing adequate details to support the request and a sworn affidavit by a physician documenting the tragic personal circumstances and/or maps, photographs, and receipts illustrating the landowner or cooperator demonstrated a good faith effort to resolve the compliance issues.

(3) The Director or designee shall make a determination within 60 days to either approve or deny the request by letter to the requesting party. If no action is taken within 60 days following the date that the petition was filed, the petition shall be deemed denied.

(4) If the Director or their designee decides that the person does not qualify for reconsideration in the WHCMP, the landowner can request a contested case hearing under the provisions of ORS 183.310 to 183.550.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 308A.400-308A.430
Statutes/Other Implemented: ORS 496.012 & 308A.400-308A.430
DFW 68-2024, adopt filed 08/14/2024, effective 08/14/2024

Or. Admin. R. 635-430-0100 Compatibility with Existing Laws or Ordinances

(1) Department approval of a wildlife habitat conservation and management plan does not authorize violation of federal or state laws or local ordinances, nor does it supersede any requirements to obtain permits or authorizations required by federal or state laws or local ordinances.

(2) New and existing dwellings may be allowed on a subject property as provided in ORS 215.799. The fact that a property is subject to wildlife habitat special assessment does not make it easier or more difficult for a landowner to obtain approval for a dwelling on the property. If ODFW determines that additional dwellings significantly degrade the quality of the habitat or prevents implementation of the Plan, the property may be disqualified from the Wildlife Habitat Conservation and Management Program following procedures in 635-430-0080.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 308A.400-308A.430
Statutes/Other Implemented: ORS 496.012 & 308A.400-308A.430
DFW 68-2024, amend filed 08/14/2024, effective 08/14/2024
DFW 115-2004, f. & cert. ef. 11-26-04
DFW 11-1998, f. & cert. ef. 2-5-98
FWC 23-1994, f. & cert. ef. 4-29-94

Or. Admin. R. 635-430-0300 Purpose of Riparian Lands Tax Incentive Program

In accordance with Oregon Revised Statutes 308A.350 to 308A.383, the intent of the Riparian Lands Tax Incentive Program is to provide landowners with tax incentives to protect, conserve or restore healthy riparian habitat on private lands adjacent to perennial and intermittent streams.

History

Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119
Statutes/Other Implemented: ORS 308A.350 - 308A.383
DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0300
FWC 40-1982, f. & ef. 6-29-82

Or. Admin. R. 635-430-0310 Definitions of Riparian Lands Tax Incentive Program

For the purpose of OAR 635-430-0300 through 635-430-0430:

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

(2) "Designation as Riparian Land" means Department approval of a landowner's riparian management plan and agreement for qualifying riparian land, after application and review as specified in OAR 635-430-0300 through 635-430-0430. This designation qualifies the riparian land for exemption or partial exemption from taxation.

(3) "Native vegetation" means vegetation that is indigenous to the subject property or to the physiographic province in which the subject property is located.

(4) "Non-aquatic Vegetation" means perennial vegetation adjacent to the edge of the stream channel, which may be submerged or partially submerged during periods of annual high streamflow, but spends the majority of the year completely out of surface water.

(5) "Private lands" means any real property, except real property in which the legal title is vested in a federal, state or local government entity.

(6) "Regular Cultivation" means the practice of annual or semi-annual tilling of soil, usually in conjunction with the production of various agricultural crops, produce or livestock.

(7) "Riparian" means pertaining to or situated on the edge of the bank of a river or stream.

(a) "Riparian Land" means land situated along the bank of a stream characterized by vegetation and microclimate influenced by perennial and/or intermittent water normally associated with high water tables and/or hydric soils. This area must be sufficient to support conservation or management measures identified in the riparian management plan and agreement.

(b) "Riparian Vegetation" means the aquatic and non-aquatic vegetation adjacent to streams that is dependent upon or tolerant of the presence of water near the ground surface for at least part of the year.

(8) "Riparian Management Plan and Agreement" means a written plan and agreement that specifically describes a segment of stream corridor and the protection or restoration measures necessary to meet the requirements of OAR 635-430-0300 to 635-430-0430.

(9) "Stream" means a natural channel that carries flowing surface water during some portion of the year. For the purposes of OAR 635-430-0300 to 635-430-0430, "stream" includes stream-associated wetlands, beaver ponds, oxbows and side channels if they are connected by surface flow to the stream during a portion of the year. A waterway that has been channelized through human interaction can meet the definition of a "stream" if the waterway still retains natural stream functions or can achieve natural stream functions through restoration activities required in a riparian management plan.

(a) "Intermittent Stream" means any natural stream in a natural channel that flows during a portion of every year but does not have continuous surface flow at all times of the year.

(b) "Perennial Stream" means a natural stream in a natural channel that ordinarily has continuous surface flow at all times of the year.

(10) "Vegetation Restoration Potential" means the physical potential of a specific site to become re-vegetated with native vegetation if adequate protection, management, or restoration actions are implemented.

History

Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119
Statutes/Other Implemented: ORS 308A.350 - 308A.383
DFW 115-2004, f. & cert. ef. 11-26-04
DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0310
FWC 40-1982, f. & ef. 6-29-82

Or. Admin. R. 635-430-0320 Eligibility Criteria for Riparian Lands Tax Incentive Program

(1) The Department may designate perennial and intermittent streams and the associated riparian lands, as limited by OAR 635-430-0300 to 635-430-0430, as riparian lands if the land meets the eligibility criteria in (2)–(6) below.

(2)(a) The stream and associated riparian land are outside adopted urban growth boundaries and are planned and zoned as forest or agricultural lands (including rangeland); or

(b) The stream and associated riparian land are no longer outside adopted urban growth boundaries, and/or planned or zoned as forest or agriculture but such lands:

(A) Were outside urban growth boundaries as of July 1, 1997;

(B) Were planned and zoned as forest or agricultural lands as of July 1, 1997;

(D) are otherwise eligible for riparian designation. However, the landowner must file an application with the Department for including such lands in the program no later than five years after the date of the zoning change, or incorporation into an adopted urban growth boundary; or

(c) The stream and associated riparian land are located within the boundaries of a city and urban growth boundary and the governing bodies of both the city and the county in which the land is located have adopted ordinances or resolutions that are in effect as of the date the application required under OAR 635-430-00360 is submitted to the Department that:

(A) Allow the designation of land as riparian land as defined in OAR 635-430-0310(7)(a); and

(B) If possible, describe how the city or county will provide technical assistance to landowners preparing riparian management plans and will monitor compliance with approved plans.

(3) The width of the riparian land proposed for tax exemption is sufficient to provide long-term stream bank stability, erosion control, water quality, large wood recruitment, fish and wildlife habitat protection, conservation or restoration, and other functions deemed important to healthy aquatic habitats.

(4) Riparian vegetation on the riparian land is sufficient to support the functions identified in section (3) of this rule, or if the riparian land currently lacks adequate riparian vegetation, the land has significant vegetation restoration potential.

(5) The landowner has implemented measures specified in an approved riparian management plan and agreement, for the continued protection, conservation or restoration of riparian lands.

(6) The riparian land is on private land.

(7) After the Department approves the land for designation as riparian land and all procedural requirements in OAR 635-430-0300 to 635-430-0430 are met:

(a) Lands described in 635-430-0320(2)(a) and (b) are eligible for exemption from ad valorum taxation under ORS 308A.356.

(b) For tax years beginning on or after July 1, 2001, lands described in 635-430-0320(2)(c) are eligible for partial exemption from ad valorum taxation under ORS 308A.359

History

Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119
Statutes/Other Implemented: ORS 308A.350 - 308A.383
DFW 115-2004, f. & cert. ef. 11-26-04
DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0315
FWC 40-1982, f. & ef. 6-29-82

Or. Admin. R. 635-430-0330 Limitations on Designation of Riparian Lands

Department designation of riparian lands for inclusion in the Riparian Tax Incentive Program is subject to the following limitations:

(1)(a) For each tax year beginning before July 1, 2004, the Department may approve for designation as riparian land no more than 200 miles of private stream bank in any county.

(b) In addition to the amount of land approved under section (1)(a) of this rule, each year the Department may approve for designation as riparian land any remaining allocation from the previous year. This remaining allocation equals the difference between 200 miles and the number of miles designated as riparian land during the previous year, plus the amount of land withdrawn from, or disqualified for, designation as riparian land during the previous year.

(2) Department designation of urban lands described in OAR 635-430-0320(2)(c) as riparian lands is subject to the following additional limitations:

(a) The Department may only approve applications for land described in OAR 635-430-0320(2)(c) for tax years beginning on or after July 1, 2002.

(b) The Department may not approve more than 50 applications for land described in OAR 635-430-0320(2)(c) for any tax year. An application that is not approved because of the limitation imposed by this subsection shall be held for consideration for the next tax year.

History

Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119
Statutes/Other Implemented: ORS 308A.350 - 308A.383
DFW 115-2004, f. & cert. ef. 11-26-04
DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0320
FWC 40-1982, f. & ef. 6-29-82

Or. Admin. R. 635-430-0340 Factors for Determining Width of Riparian Lands

The Department may designate qualifying perennial and intermittent streams and associated riparian lands up to 100 feet landward (horizontal measurement) from the line of non-aquatic vegetation adjacent to the stream, or an area not exceeding 25 acres of riparian lands per mile of stream, as riparian lands. To determine the width of the land actually designated as riparian land, the Department will consider the following factors necessary to promote erosion control, long-term stream bank stability, water quality, fish and wildlife habitat protection, conservation or restoration, large wood recruitment and other functions deemed important to healthy aquatic habitat:

(1) Stream size at various flows;

(2) Existing riparian vegetation and vegetation restoration potential;

(3) Stream bank slope;

(4) Adjacent land uses;

(5) Stream channel orientation;

(6) Space necessary to establish and protect riparian fences or other structures needed to implement measures specified in an approved riparian management plan and agreement;

(7) Potential for lateral channel migration or new channel formation and any constraints on such migration or formation; and

(8) Location of stream-associated wetlands or off-channel features such as alcoves, oxbows, side channels or other areas important to fish and wildlife habitat.

History

Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119
Statutes/Other Implemented: ORS 308A.350 - 308A.383
DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0325
FWC 40-1982, f. & ef. 6-29-82

Or. Admin. R. 635-430-0350 Healthy Riparian Habitat

The goal of each riparian management plan and agreement is the protection, conservation or restoration of healthy riparian habitat. Department assessment of the current and potential health of riparian habitat will include, but is not limited to, consideration of the following general goals, as consistent with the ecological potential of an individual property:

(1) Sufficient shade to moderate water and air temperatures;

(2) Adequate native vegetative cover to reduce streambank erosion, provide organic matter input, enhance water quality, and provide for the delivery of large wood to the stream channel;

(3) Sufficient in-channel large wood to promote complex stream habitat conditions, such as pools and riffles; and

(4) Habitat for native fish and wildlife.

History

Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119
Statutes/Other Implemented: ORS 308A.350 - 308A.383
DFW 115-2004, f. & cert. ef. 11-26-04
DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0330
FWC 40-1982, f. & ef. 6-29-82

Or. Admin. R. 635-430-0360 Application Process for Riparian Lands Tax Incentive Program

(1) A landowner seeking enrollment in the Riparian Land Tax Incentive Program must apply to the applicable county assessor and the Department.

(2) An applicant must apply to the county assessor no later than December 31 to receive a reduced assessment during the following tax year (beginning July 1). Applicants can obtain county application forms from the county assessor.

(3) An applicant must submit a riparian management plan to the Department and sign a Riparian Land Tax Incentive Program agreement. Applicants can obtain these forms from the Department.

(4) The riparian management plan must, at a minimum, include the following information:

(a) Name, mailing address and telephone number of landowner(s);

(b) Legal description of the subject property: township, range, section and tax lot number(s);

(d) Name of the stream associated with the riparian land;

(e) Total streambank miles proposed for enrollment in the program;

(f) Acreage of land proposed for designation as riparian land;

(g) A description of the existing vegetation condition on the riparian lands;

(h) An explanation of the habitat objectives to be achieved on the riparian land by implementing the riparian management plan and agreement consistent with the riparian goals identified in OAR 635-430-0350;

(i) The linear length (feet) of unstable streambank (if any);

(j) Soil types;

(k) Existing use of, or activities on, the riparian land;

(l) Proposed use of, or activities on, the riparian land;

(m) Existing land use activities on the portion of the property immediately adjacent to the riparian lands;

(n) Proposed changes in land use activities (if any) on the portion of the property immediately adjacent to the riparian lands; and

(o) Specific conservation management practices the landowner will implement to meet program objectives and a timeline for implementing these management practices.

(5) The riparian management plan must also contain a map of the subject property with a scale of four-inch per mile or eight-inch per mile (unless otherwise authorized by the Department), that includes the following information:

(a) Legal description of the subject property: township, range, section and tax lot number(s);

(b) Boundaries of the riparian lands proposed for inclusion in the program;

(d) Property boundaries.

(6) The Riparian Land Tax Incentive Program agreement must, at a minimum, contain:

(a) Name, mailing address, and telephone number of the landowner(s);

(b) Legal description of the subject property: township, range, section and tax lot number(s);

(d) Name of the stream associated with the riparian land;

(e) Boundaries of the riparian lands proposed for inclusion in the program;

(f) Authorization for the Department to inspect the property for continued compliance with the riparian management plan pursuant to OAR 635-430-0420, or if so requested by the county assessor, pursuant to ORS 308A.374, and following reasonable efforts to give the landowner prior notification;

(g) Landowner's commitment to follow the riparian management plan associated with the property unless a request for withdrawal is submitted to the county assessor; and

(h) Signatures of landowner(s), Department representative and any other participating party.

(7) Applicants are encouraged to seek technical assistance with developing the riparian management plan and implementing management practices from the local offices of the Oregon Department of Fish and Wildlife or the Soil and Water Conservation District.

(8) To amend an existing riparian management plan and/or agreement, the applicant must submit a new plan or agreement to the Department for review and approval pursuant to these rules.

History

Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119
Statutes/Other Implemented: ORS 308A.350 - 308A.383
DFW 115-2004, f. & cert. ef. 11-26-04
DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0335
FWC 40-1982, f. & ef. 6-29-82

Or. Admin. R. 635-430-0370 Plan Review and Approval of Riparian Management Plans and Agreements

(1) The Department will approve riparian management plans and agreements submitted to the Department that meet all eligibility requirements and contain adequate provisions for the protection, conservation or restoration of riparian lands, as provided in OAR 635-430-0300 to 635-430-0430. Department approval of a riparian management plan and agreement qualifies the subject land for designation as riparian land.

(2) If only a portion of the property meets the criteria described in OAR 635-430-0320 to 635-430-0340, the Department may approve only the qualifying portion of the property for designation as riparian land. In such event, the applicant may withdraw the entire application.

(3) The riparian management plan and agreement are approved and the land is eligible for tax exempt status only after the plan and agreement are signed by the landowner(s), a Department representative, and any other participating party.

(4) The Department must approve or disapprove an application by April 1 of the year following receipt of the application materials. Applications not denied by that date are deemed approved and the land considered to be qualified as riparian land. The Department will notify the county assessor and the applicant of its approval or disapproval of an application.

(5) The Department will file an order of approval with the county assessor within ten days of Department approval of the completed plan and agreement.

History

Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119
Statutes/Other Implemented: ORS 308A.350 - 308A.383
DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00

Or. Admin. R. 635-430-0375 Riparian Conservation and Management Practices

Conservation and management practices appropriate to achieve the objectives of OAR 635-430-0350 may include, but are not limited to:

(1) Protecting existing native vegetation;

(2) Planting native trees, shrubs, grasses and other native vegetation;

(3) Removing invasive, non-native vegetation that threatens native plant communities;

(4) Control of invasive, non-native fish or wildlife that threaten native wildlife species;

(5) Burning as prescribed by the Department to maintain fire-dependent native vegetation;

(6) Fencing to protect wildlife habitat or plant communities;

(7) Increasing habitat diversity by practices such as placing downed, woody material, preserving or creating standing dead trees, creating ponds, or other methods approved by the Department;

(8) Placing boulders, logs and other appropriate materials in streams to enhance fish habitat;

(9) Removing buildings, pavements and other man-made features;

(10) Grading altered land areas to restore original hydrology and natural topography;

(11) Restoring, enhancing or creating wetlands;

(12) Establishing vegetative buffers or structural setbacks adjacent to wildlife habitats.

History

Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119
Statutes/Other Implemented: ORS 308A.350 - 308A.383
DFW 115-2004, f. & cert. ef. 11-26-04

Or. Admin. R. 635-430-0380 Activities Generally Compatible with Riparian Lands

Activities that are generally compatible with the intent of the riparian lands tax incentive program include, but are not limited to, the following when they are adequately described as a part of an approved riparian lands management plan and agreement:

(1) Livestock watering and crossing areas when fenced and located at defined points, unless the Department specifically finds the watering or crossing areas are consistent with the objectives of the program without fencing or definite location;

(2) All existing legal irrigation and utility developments, including powerlines, water lines, pipelines, irrigation diversion dams, pump stations, pump intakes, irrigation ditches and other similar developments, if they meet adequate fish passage and diversion screening requirements;

(3) Fish habitat restoration projects;

(4) Large wood removal after a natural disaster, but only when large wood poses an immediate and significant threat to private property or public safety, and only if the Department agrees to removal after the review process specified in OAR 635-430-0390;

(5) Equipment or vehicle crossings at fords, culverts and bridges, if the crossing points are minimized, are constructed and maintained in a manner that minimizes sediment delivery to streams, and provide adequate fish passage in accordance with Oregon Department of Fish and Wildlife Guidelines and Criteria for Stream-Road Crossings;

(6) Recreational facilities (i.e., trails, boat ramps, and primitive camp sites) when consistent with the objectives of the program; and

(7) Tree harvest or vegetation management consistent with the objectives of this program and in compliance with the requirements of the Oregon Forest Practices Act (OAR 629-600-0100 through 629-665-0240).

History

Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119
Statutes/Other Implemented: ORS 308A.350 - 308A.383
DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0340
FWC 40-1982, f. & ef. 6-29-82

Or. Admin. R. 635-430-0390 Activities Generally Incompatible with Riparian Lands Tax Incentive Program

Activities that are generally incompatible with the protection or restoration of riparian lands include, but are not limited, to the following. These activities may only occur on designated riparian lands if specifically described and approved in the riparian lands management plan or plan amendment.

(1) Regular cultivation, seeding, and harvesting of crops or other farming activities which preclude the development of permanent vegetative cover.

(2) Livestock grazing or feeding areas except at watering points that are approved and appropriately limited in the management plan.

(3) Herbicide spraying, except for the spot control of noxious weeds or when necessary for establishment and survival of vegetation planted in compliance with the riparian management plan. Such spraying must prevent drift into aquatic areas.

(4) Channel or stream bank alterations other than those determined by the Department to be necessary to achieve healthy aquatic habitat conditions.

(5) Construction or relocation of buildings.

(6) Gravel, mineral or soil removal.

(7) Land clearing (vegetation removal).

History

Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119
Statutes/Other Implemented: ORS 308A.350 - 308A.383
DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0345
FWC 40-1982, f. & ef. 6-29-82

Or. Admin. R. 635-430-0400 Natural Disasters

(1) If an act of nature (e.g., floods, fire, wind and other natural disaster) significantly damages or reduces riparian vegetation, or reduces the effectiveness of conservation measures described in a riparian management plan and agreement, the landowner must notify the Department within 90 days of the occurrence.

(2) Department personnel will tour the affected property with the landowner within 60 days of notification and determine if remedial or new conservation measures are required to meet program objectives.

(3) If the Department determines that remedial or new conservation measures are necessary, the Department will notify the landowner, in writing, within 10 working days after touring the affected property. The notification will include a general description of the necessary remedial actions.

(4) After receiving notification from the Department that remedial action is necessary, the landowner has two options:

(a) The landowner may continue enrollment in the program and notify the Department of his/her intention to revise or amend the riparian management plan and agreement; or

(b) The landowner may withdraw from the program by submitting a request for withdrawal to the county assessor in compliance with ORS 308A.365. The county assessor may assess back taxes in such cases.

(5) If the landowner elects to continue enrollment in the program, the landowner must submit a revised or amended riparian management plan and agreement to the Department within three months from the date the Department notified the landowner that new or remedial measures were necessary. The Department will process the plan and agreement in accordance with these rules.

History

Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119
Statutes/Other Implemented: ORS 308A.350 - 308A.383
DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0350
FWC 40-1982, f. & ef. 6-29-82

Or. Admin. R. 635-430-0410 Sale or Transfer of Exempted Riparian Lands

The purchaser of any lands enrolled in the Riparian Lands Tax Incentive Program has 120 days after recording of the land sale to retain the property tax exemption or withdraw from the program without penalty.

(1) To retain the riparian tax exemption, the new owner must:

(a) Agree to management provisions in the previous owner’s riparian management plan by signing an identical plan, and sign a riparian management agreement consistent with the program; or

(b) Submit an amended riparian management plan to the Department for review and approval pursuant to these rules and sign a riparian management agreement consistent with the program.

(2) To withdraw from the riparian tax exemption program, the new owner must provide the county assessor with a notice of request for withdrawal in compliance with ORS 308A.365.

History

Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119
Statutes/Other Implemented: ORS 308A.350 - 308A.383
DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0355
FWC 40-1982, f. & ef. 6-29-82

Or. Admin. R. 635-430-0420 Monitoring and Compliance of Riparian Management Plans and Agreements

(1) Department staff will periodically inspect the riparian land enrolled in the program to determine conformance with the riparian management plan and agreement. Department staff will provide a landowner with written notification at least 10 days before an inspection. The Department will ask the landowner to participate in the inspections, if possible.

(a) Department staff will conduct the first inspection within one year after the property was enrolled in the program.

(b) Department staff will conduct all subsequent inspections at approximately five-year intervals.

(2) If Department staff determine the riparian land is not in conformance with the riparian management plan or agreement, the Department will send written notification to the landowner. The notification will describe the reasons the property is not in conformance with the riparian management plan and agreement. The notification will also describe in detail the proposed changes necessary to achieve conformance with the plan and agreement, and an appropriate deadline for implementation of these remedial measures. This deadline will be 90 days from the date of the notification, unless the Department determines a longer timeframe is necessary to achieve the required remedial measures.

(3) After receiving a Department notification describing needed remedial measures, the landowner may request a meeting with Department staff to discuss these measures. During the meeting the landowner may propose other remediation to bring the riparian lands into conformance with the riparian management plan and agreement. Whenever possible, the Department and the landowner should jointly develop remedial measures and an implementation deadline.

(4) After the deadline described in sections (2) or (3) of this rule, and following written notification at least 15 days before the inspection, Department staff will reinspect the property for conformance with the necessary remedial measures.

(a) If the landowner has not implemented the necessary remedial measures, the Department will notify the assessor that the property is not in conformance with the riparian management plan and agreement.

(b) If the landowner has implemented the necessary remedial measures, the Department may continue such inspections of the property to ensure the property is progressing toward full compliance with the riparian management plan and agreement until the property reaches that goal.

(5) If a property owner does not allow Department staff to inspect riparian land designated under the Riparian Lands Tax Incentive Program as specified in a riparian management plan and agreement, the Department will notify the assessor that the landowner is not in compliance with their riparian management plan and agreement.

(6) A landowner may withdraw from the program by submitting a request for withdrawal to the county assessor in compliance with ORS 308A.365. The county assessor may assess back taxes in such cases.

(7) Only the county assessor may withdraw the land from designation as riparian and apply payments and penalties as provided in ORS 308A.368.

History

Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119
Statutes/Other Implemented: ORS 308A.350 - 308A.383
DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00

Or. Admin. R. 635-430-0430 Program Compatibility with Existing Laws or Ordinances for Riparian Lands Tax Incentive Program

The Department’s approval of land use activities compatible with the Riparian Lands Tax Incentive Program does not exempt any proposed activity from state or federal law, or local ordinance.

History

Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119
Statutes/Other Implemented: ORS 308A.350 - 308A.383
DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0360
FWC 40-1982, f. & ef. 6-29-82

Division 435 WILDLIFE CONTROL OPERATORS

Or. Admin. R. 635-435-0000 Purpose

The purpose of these rules is to:

(1) Clarify the requirements and restrictions for wildlife control activities, especially in incorporated city limits and associated urban development while promoting sound wildlife management; and

(2) Provide a means for an agent to act on the behalf of a landowner or occupant to remove wildlife causing damage, posing a public health threat or creating a public nuisance, as defined in ORS 498.012.

History

Statutory/Other Authority: ORS Ch., 496.012, 496.138, 496.146, 496.162, 497.308, 498.012 & 498.052
Statutes/Other Implemented: ORS Ch. 496.012, 496.138, 496.146, 496.162, 497.308, 498.012 & 498.052
DFW 162-2015, f. & cert. ef. 12-9-15
Reverted to DFW 25-2012, f. & cert. ef. 3-16-12
DFW 126-2014(Temp), f. & cert. ef. 8-29-14 thru 2-25-15
DFW 25-2012, f. & cert. ef. 3-16-12
DFW 117-2006, f. & cert. ef. 10-16-06

Or. Admin. R. 635-435-0005 Definitions

For the purposes of these rules the following definitions apply:

(1) “Agent” means an individual or business conducting wildlife control activities for a fee for a property owner, legal occupant, local jurisdiction or agency to take furbearers, unprotected mammals, wild turkeys and western gray squirrels for the purpose of reducing property damage, removing nuisance animals, or resolving public health threat or safety concerns caused by wildlife.

(2) “Damage” means loss of or harm inflicted on land, livestock or agricultural or forest crops.

(3) “Department” means Oregon Department of Fish and Wildlife.

(4) "Display for public exhibit" means to place or locate wldlife so that it may be viewed or accessed directly by the public.

(5) “Euthanasia” means to humanely end the life of an individual animal by a person in a way that minimizes or eliminates pain and distress as defined in the “American Veterinary Medical Association (AVMA) Guidelines for the Euthanasia of Animals: 2020 Edition.”

(6) “Forestland” means land that is used for the growing and harvesting of forest tree species, regardless of how the land is zoned or taxed or how any state or local statutes, ordinances, rules or regulations are applied.

(7) “Furbearers” are beaver, bobcat, fisher, marten, mink, muskrat, otter, raccoon, red fox, and gray fox. For any person owning, leasing, occupying, possessing or having charge of or dominion over any land (or an agent of this person) who is taking or attempting to take beaver or muskrat on that property, these two species are considered predatory animals.

(8) “Notification” means that the Wildlife Control Operator (WCO) conducting wildlife control activities has been contacted by the client or designee by phone, text, email, fax, or in person that a trap has been closed, with a live animal inside.

(9) “Possess” means to have control or exercise dominion over any wildlife or wildlife parts (OAR 635-045-0002(53).

(10) "Predatory animals" means coyotes, rabbits, rodents (except beaver), and feral swine which are or may be destructive to agricultural crops, products and activities (ORS 610.002 & 610.105). This definition is applicable where wildlife is taken under the authority of one who owns leases, occupies, possesses or has charge or dominion over the land. Muskrats, western gray squirrels (Sciuris griseus), gophers, mountain beaver (boomer), marmot, nutria, and porcupine causing damage on private property are defined as predatory animals under ORS 610.002.

(11) “Prohibited species” means wildlife that the commission has placed on the Prohibited list in its Wildlife Integrity Rules (OAR 635-056-0050 & 635-056-0130).

(12) “Protected wildlife” means any species that meets any of the following definitions: "game mammals" as defined in OAR 635-045-0002, "game birds" as defined in OAR 635-045-0002, "furbearers" as defined in OAR 635-045-0002, "threatened and endangered species" as listed in OAR 635-100-0125, or "nongame wildlife protected" as defined in OAR 635-044-0130 or is otherwise protected by statute or law.

(13) “Public Nuisance” means loss of or harm inflicted on persons, gardens, ornamental plants, ornamental trees, pets, vehicles, boats, structures, or other personal property (ORS 498.012).

(14) “Unprotected Mammals” means badger, coyote, gophers (Thomomys bottae, T. bulbivorus, T. mazama, T. talpoides and T. townsendii), moles (Scapanus townsendii, S. orarius and S. latimanus), mountain beaver (Apolodontia rufa), yellowbellied marmots (Marmota flaviventris), nutria, opossum, porcupine, spotted skunk, striped skunk, and weasel. For any person owning, leasing, occupying, possessing or having charge of or dominion over any land (or an agent of this person) who is taking or attempting to take coyote, gophers, mountain beaver (boomer), marmot, nutria, or porcupine on that property, these six species are considered to be predatory animals.

(15) “Wildlife Control Operator” (WCO) means an agent, who is the principal manager or business owner, or employee of the business listed on the WCO permit and responsible for activities conducted in the course of wildlife control activities.

(16) “Wild Turkey” means turkeys (Meleagris gallopavo) that are free roaming on public or private lands and not being held under domestic management confinement and where there has been no report to the Department and/or local authorities from a landowner, manager, or occupant or their representative of specifically identified and described turkey(s) having escaped domestic management confinement.

History

Statutory/Other Authority: ORS 496.138, ORS Ch. 496.012, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.138, ORS Ch. 496.012, 496.146 & 496.162
DFW 55-2024, amend filed 06/28/2024, effective 07/01/2024
DFW 139-2020, amend filed 10/12/2020, effective 10/12/2020
DFW 36-2020, temporary amend filed 03/30/2020, effective 03/31/2020 through 09/26/2020
DFW 162-2015, f. & cert. ef. 12-9-15
DFW 25-2012, f. & cert. ef. 3-16-12
DFW 117-2006, f. & cert. ef. 10-16-06

Or. Admin. R. 635-435-0010 Permit Required to Capture, Possess, or Transport Wildlife

(1) A WCO permit is required for any individual, business owner, or the business owner’s designee charging a fee to control bats, furbearers, unprotected mammals (excluding moles (Scapanus spp.), wild turkeys and western gray squirrels causing damage, creating a public nuisance or posing a public health or safety concern; and for the offsite transportation of any live wildlife;

(a) A WCO permit is not required for the onsite capture and euthanasia of species defined as “predatory animals”.

(b) Federal employees of the U.S. Department of Agriculture, Animal Plant and Health Inspection Service-Wildlife Services and, county or municipality employees, working in their official capacity, are exempt from this requirement.

(c) WCO permittees must comply with all state wildlife laws and regulations, and all activities must be in compliance with conditions specified by these rules, permit or authorization from the Department.

(2) A permit allows a WCO to:

(a) Capture, possess, or transport furbearers, predatory animals, wild turkeys, western gray squirrels, unprotected mammals and all snakes.

(b) Humanely euthanize wildlife authorized under this permit using methods defined by the “American Veterinary Medical Association (AVMA) Guidelines for Euthanasia of Animals: 2020 Edition” except for the following species of snakes which shall be relocated:

(A) Willamette Valley Populations of Western Rattlesnake (Crotalus oreganus);

(B) Sharptail snake (Contia tenuis);

(D) California Mountain Kingsnake (Lampropeltis zonata);

(E) Western Ground Snake (Sonora semiannulata).

(3) WCO activities for all bat species are as follows:

(a) Exclusion and eviction permitted except during the months of June, July and August unless the permittee receives prior authorization from the Department. For purposes of this rule, “exclusion” and “eviction” are defined as follows:

(A) “Exclusion” means taking actions to prevent an animal from occupying a space or structure

(B) “Eviction” means creating conditions which encourages an animal to move out, and remain out of an area.

(b) Capture of bats from indoor areas not associated with roosting, hibernaculum and nurseries is permitted year round, provided that the bat is immediately released outdoors or taken to a licensed wildlife rehabilitator.

(4) WCO activities for beaver are as follows:

(a) WCO’s must provide the property owner or legal occupant information provided by the Department regarding nonlethal deterrents.

(b) Take of beaver on privately owned forestlands whose owner owns or holds common ownership interest in 5,000 or more acres of forestland in this state, may only occur when:

(A) The beaver has damaged or imminently threatens infrastructure; or

(B) The beaver poses a threat to, but not imminently threatens, infrastructure and 30 days have passed since the landowner made a request to the Department to address the threat to infrastructure apparently posed by the beaver.

(c) Take of beaver may occur in situations where the beaver is not causing damage, is not a public nuisance, or is not a public heath or safety risk if the beaver:

(A) Imminently threatens infrastructure;

(B) Imminently threatens agricultural crops; or

(C) Has the potential to cause damage to forestland whose owner owns or holds common ownership interest in less than 5,000 acres of forestland in this state.

(5) A permit does not allow a WCO to transport, for the purposes of release, any wildlife captured under terms of the WCO permit except for;

(a) Western Gray Squirrel, Marten and Fisher

(b) Reptiles listed in subsection (2),

(d) Wild Turkey with prior approval from the local Department District Wildlife Biologist. Relocation must adhere to protocols in the Oregon Wild Turkey Management Plan (OAR 635-135-0001).

(6) A WCO permit does not authorize the permittee to intentionally capture, possess, or transport:

(a) Wildlife not authorized under a WCO permit.

(b) Species protected by other state or federal law.

History

Statutory/Other Authority: ORS Ch. 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS Ch. 496.012, 496.138, 496.146 & 496.162
DFW 55-2024, amend filed 06/28/2024, effective 07/01/2024
DFW 139-2020, amend filed 10/12/2020, effective 10/12/2020
DFW 36-2020, temporary amend filed 03/30/2020, effective 03/31/2020 through 09/26/2020
DFW 75-2016, f. & cert. ef. 6-14-16
Reverted to DFW 162-2015, f. & cert. ef. 12-9-15
DFW 162-2015, f. & cert. ef. 12-9-15
DFW 165-2015(Temp), f. & cert. ef. 12-9-15 thru 6-1-16
DFW 25-2012, f. & cert. ef. 3-16-12
DFW 117-2006, f. & cert. ef. 10-16-06

Or. Admin. R. 635-435-0015 Requirements for Wildlife Control Operator Permit

(1) WCO permits may be issued to either an individual or business listed on the application. A business or business owner is not required to take the WCO test if they do not conduct any wildlife control activities. A biennial, $64.50 non-refundable WCO permit fee is required for each WCO business; and each permit will cover all employees eligible to conduct WCO activities. A WCO permit for business requires a minimum of one employee designee passing the WCO test, administered by the Department.

(2) All individuals > 18 years of age conducting wildlife control activities must pass the Department administered WCO test with a minimum test score of 80%. A WCO training manual is available on the Department website. A $25 non- refundable test administration fee is required of test applicants for each test administered.

(3) Submittal of a completed WCO application form shall include:

(a) Business information including whether the applicant is an individual, partnership, corporation, Limited Liability Company or other legal entity.

(A) If a partnership, the application must provide the full names and addresses of the partners.

(B) If a corporation, the application must provide the full name and addresses of all officers, directors and stockholders.

(C) If a Limited Liability Company, the application must provide the full names and addresses of all members and managers.

(D) If the application is structured as a tiered organization, the application must provide the full names and address of all of the partners; or officers, directors and stockholders; or members and managers of each substituent entity within the tiered organization;

(b) List of each employee who will be conducting WCO activities and has passed the WCO test.

(4) Upon application approval, applicants must submit a $64.50 non-refundable WCO Permit fee.

(5) The Department must notify an applicant that it intends to deny the application within 30 days of the date a completed application is received. The proposed denial will be based on a review of the applicant’s information not meeting the conditions defined in these rules.

(6) A WCO permit is not required for any person younger than 18 years of age that is directly associated with a business that has at least one employee that has passed the WCO test who is mentoring the young individual.

(7) Permits are valid for up to two consecutive calendar years from the date of issue.

(8) WCO permit renewal by an individual or business requires:

(a) Submission of renewal application and remittance of a $64.50 non-refundable application fee.

(b) Individual Applicants and Employees listed on the business renewal application must:

(A) Provide documentation with the renewal application of 12 hours of Department approved continuing education within the previous two calendar years; or

(B) Retake the WCO test administered by the Department with a minimum score of 80%.

(c) Failure to renew a WCO permit, due to expirations or to permit revocation requires the permittee to apply as a new applicant with all employees listed on the application required to retake the WCO test with a passing score.

(9) A WCO permit revoked for violation of wildlife rules or conditions of the permit may be denied reapplication by the Department for up to five years.

(10) Businesses must notify the Department within 14 business days of termination or removal of an employee listed on their WCO permit.

History

Statutory/Other Authority: ORS Ch. 496.012, ORS 496.138, ORS 496.146 & ORS 496.162
Statutes/Other Implemented: ORS Ch. 496.012, ORS 496.138, ORS 496.146 & ORS 496.162
DFW 139-2020, amend filed 10/12/2020, effective 10/12/2020
DFW 36-2020, temporary amend filed 03/30/2020, effective 03/31/2020 through 09/26/2020
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 162-2015, f. & cert. ef. 12-9-15
DFW 25-2012, f. & cert. ef. 3-16-12
DFW 117-2006, f. & cert. ef. 10-16-06

Or. Admin. R. 635-435-0020 Wildlife Control Operator Permit Required to be in Possession

(1) Individuals or employees of businesses holding a WCO Permit must have the permit or a copy, in possession while conducting wildlife control activities and make the permit available for inspection upon request by any Department employee or any person authorized to enforce wildlife laws.

(2) Individuals or businesses holding a permit must obtain and have in possession any other federal, state, or local permits that may be required.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 162-2015, f. & cert. ef. 12-9-15
DFW 117-2006, f. & cert. ef. 10-16-06

Or. Admin. R. 635-435-0025 Disposition of Wildlife

(1) All wildlife captured, held, or transported under a WCO Permit remains the property of the State of Oregon and cannot be sold, traded, bartered, or exchanged except as allowed by OAR Chapter 635 Division 200.

(2) Wildlife captured, held, or transported under the terms of the WCO permit shall not be intentionally displayed for public exhibit.

(3) Cage traps or restraining traps shall be inspected for capture success at a minimum of once every 48 hours. The local Department district biologist will consider extenuating circumstances to extend check time on a case by case basis upon contact from the WCO. Killing traps or traps set for predatory animals as defined in ORS 610.002 must be checked within the time periods specified in OAR Chapter 635, Division 50. The inspection and removal of any captured animal shall be done by the person who set the trap or the owner of the land where the trap is set, or designee of either.

(4) WCO’s must conduct one of the following within 24 hours of notification of possession of wildlife:

(a) Humanely euthanize the animal(s) in a manner consistent with the “AVMA Guidelines for Euthanasia of Animals: 2020 Edition;” or

(b) Release animal on site; or

(5) Wildlife held, relocated, or used for attracting offspring must be supplied with fresh drinking water within a period of 4 hours of possession and must be provided access to clean drinking water at reasonable intervals, not to exceed 8 hours between water replenishment.

(6) A WCO capturing wildlife must make reasonable efforts to locate and capture dependent neonatal offspring. Lactating female wildlife and dependent neonates(s) may be kept in possession up to 72 hours or longer as approved by the Department.

(7) Wildlife indicating symptoms of disease must be humanely euthanized consistent with ORS 498.016, or handled as directed by local Department district biologist or Department veterinarian.

(8) A WCO must humanely euthanize prohibited species as identified in the Wildlife Integrity Rules (OAR 635-056-0050).

(9) A WCO may sell, purchase or exchange the pelt, or any part thereof, of any legally taken furbearing or unprotected mammal as allowed by OAR 635-050-0045(3).

(10) A WCO must salvage edible wild turkey carcasses according to 635-002-0005. A property owner or legal occupant cannot directly receive any part of a wild turkey removed from their property.

History

Statutory/Other Authority: ORS Ch. 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS Ch. 496.012, 496.138, 496.146 & 496.162
DFW 55-2024, amend filed 06/28/2024, effective 07/01/2024
DFW 139-2020, amend filed 10/12/2020, effective 10/12/2020
DFW 36-2020, temporary amend filed 03/30/2020, effective 03/31/2020 through 09/26/2020
DFW 162-2015, f. & cert. ef. 12-9-15
DFW 25-2012, f. & cert. ef. 3-16-12
DFW 117-2006, f. & cert. ef. 10-16-06

Or. Admin. R. 635-435-0040 Transportation of Wildlife

(1) Live wildlife may only be transported with a transport permit issued by the Department or a WCO permit.

(2) Permittees are authorized to transport permitted live wildlife for:

(a) Humane euthanasia of the captured animal; or

(b) Transport wildlife specified in 635-435-0010 (4) to a licensed Oregon Wildlife Rehabilitator; or

(3) WCOs may transport wildlife carcasses in their usual course of business for disposal by burying, placement in a landfill, rendering, incineration or as directed by the Department, or for use of wildlife parts in compliance with OAR 635 Division 200.

(4) Permittees must provide all live wildlife with humane care during transport.

(5) When transporting live wildlife in a vehicle:

(a) The vehicles transport area must have access to free-flowing fresh air without injurious exhaust fumes.

(b) Wildlife must have adequate protection from extreme weather conditions and temperature that would result in hypo- or hyperthermia of the animals or conditions that could lead to illness or death.

(c) The cage or enclosure must be of sufficient strength to hold wildlife securely during transportation and to prevent escape.

(d) The interior of the cage must be in good working condition: free of defects, sharp points, objects or edges that could injure the transported wildlife.

(e) Cages must be of sufficient size to assure the safety of the transported wildlife and WCO.

(f) Holding cage must be large enough to ensure that each individual has sufficient space to turn, stand, and lay naturally. Skunks may be held in a cage that limits its ability to spray the WCO.

(g) No more than one animal will be transported in the same cage or enclosure unless they are of the same species, accepting of a cage-mate and were captured together in the same trap or capture device.

(h) A visual barrier must be placed between aggressive individuals or animals considered predators and prey to reduce stress during possession and transport.

(i) Caged wildlife must be separated by sufficient distance or shall have a physical divider placed between them to prevent injury or physical contact between caged occupants.

(j) Caged wildlife must not be stacked unless each cage is fitted with a floor or barrier preventing excretions or body parts from entering lower cages or enclosures.

History

Statutory/Other Authority: ORS Ch. 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS Ch. 496.012, 496.138, 496.146 & 496.162
DFW 162-2015, f. & cert. ef. 12-9-15
DFW 25-2012, f. & cert. ef. 3-16-12
DFW 117-2006, f. & cert. ef. 10-16-06

Or. Admin. R. 635-435-0045 Equipment Subject to Inspection

Any Law Enforcement officer or Department representative may inspect a permittee’s traps, cages, enclosures, or other equipment in use for capturing, possession, transporting or relocating wildlife; or any wildlife held in such equipment or otherwise in possession; or wildlife control records. Nothing in these rules is intended to authorize or allow the warrantless search or inspection of a permit holder’s residence.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 162-2015, f. & cert. ef. 12-9-15
DFW 117-2006, f. & cert. ef. 10-16-06

Or. Admin. R. 635-435-0050 Trap Tampering Prohibited

(1) Any trap or capture device used by a permittee must be legibly marked or branded with either the individual or owner’s business name and phone number, or the owner’s furtaker license (brand) number or WCO number that has been assigned by the Department.

(2) It is unlawful to move or tamper with any trap or capture device set by a WCO or to remove wildlife from such a trap or capture device without written authorization of the WCO.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 139-2020, amend filed 10/12/2020, effective 10/12/2020
DFW 162-2015, f. & cert. ef. 12-9-15
DFW 117-2006, f. & cert. ef. 10-16-06

Or. Admin. R. 635-435-0055 Record Keeping and Reporting Requirements

(1) Landowner or occupier of premises must sign an affidavit of damage designating the permitted WCO as their agent to address damage caused by any wildlife. The permittee must retain affidavits for one year.

(2) A complete record of the WCO activities must be maintained by permit holder on a WCO bi-annual report form provided by the Department for all wildlife captured on a WCO permit.

(3) Each permittee must submit a report of WCO activity in a legible document twice per year, by July 31 and January 31, to the Department. Permittees must submit reports even if no wildlife control activity has occurred.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 55-2024, amend filed 06/28/2024, effective 07/01/2024
DFW 139-2020, amend filed 10/12/2020, effective 10/12/2020
DFW 162-2015, f. & cert. ef. 12-9-15
DFW 117-2006, f. & cert. ef. 10-16-06

Or. Admin. R. 635-435-0060 Cancellation or Non-Renewal of Permit

(1) Failure to comply with the record keeping, reporting, or other requirements of the WCO Permit may lead to cancellation or denial of renewal of the permit.

(2) The Department may revoke or deny issuance of a WCO Permit if listed employees were, convicted of, or admits to, a violation of a wildlife law (under the Interstate Wildlife Violators Compact), or rule, or permit issued under the wildlife laws within the previous five years.

(3) A WCO permittee that has been notified that the permit will be cancelled or denied renewal may petition the Department for a contested case hearing. The request for a contested case hearing on a proposed cancellation must be received by the Department within 21 days after service of notice (90 days for emergency cancellations). The request for hearing on a proposed non-renewal must be received by the Department within 60 days of notice. Final Orders in contested case hearings shall be issued by the Department Director.

History

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162
DFW 162-2015, f. & cert. ef. 12-9-15
DFW 25-2012, f. & cert. ef. 3-16-12
DFW 117-2006, f. & cert. ef. 10-16-06

Division 440 COLUMBIA RIVER FISHERIES TRANSITION PROGRAM

Or. Admin. R. 635-440-0001 Definitions

For the purposes of administrative rules found in Division 440 the following definitions apply:

(1) “Economic Harm” means the reduction, unrelated to environmental and market variability or personal circumstances, in the annual income of an individual who holds a vessel permit issued pursuant to ORS 508.775 to ORS 508.796 from fishing under the permit that is due to Columbia River fish management and reform adopted by rule of the commission.

(2) “Fund” means the Columbia River Fisheries Transition Fund.

(3) “County Program” means an established Columbia River fisheries transition program by an Oregon county.

(4) “Permit” means a Columbia River vessel permit as defined in ORS 508.775 to 508.796

(5) “Eligible Applicants” means county governments that have established an advisory committee and otherwise met the requirements listed in OAR 635-440-0010 and are prepared to assess applications from persons who apply for Columbia River Fisheries Transition funds from the county.

History

Statutory/Other Authority: ORS 509.230
Statutes/Other Implemented: ORS 508.775 - 508.796
DFW 160-2014, f. & cert. ef. 12-8-14

Or. Admin. R. 635-440-0005 Purpose

The purpose of these rules is to provide criteria and procedures for implementation and administration of the Columbia River Fisheries Transition Program. Funds will be granted to qualified county programs for:

(1) Compensation to individuals who hold a valid permit and who provide documentation of economic harm;

(2) Financial assistance to individuals who hold a valid permit and who demonstrate a history of recent landings under a permit, to help offset the cost to those individuals of fishing equipment required as a result of fishing gear changes caused by restrictions related to Columbia River fish management and reform adopted by rule of the Commission.

History

Statutory/Other Authority: ORS 509.230
Statutes/Other Implemented: ORS 508.775 - 508.796
DFW 160-2014, f. & cert. ef. 12-8-14

Or. Admin. R. 635-440-0010 Standards to Determine Grant Award Eligibility

(1) The Department may approve a county program that meets the stated purpose of this rule and contains the elements specified in this section.

(2) Grants are subject to available funding in the Columbia River Transition Fund. A county may qualify for funds if a county has a program that meets the following requirements:

(a) A county must establish a county advisory committee to oversee the county program.

(b) Advisory committee membership shall include at a minimum:

(A) One county commissioner;

(B) Two members who own or manage a permit or who have expertise related to commercial fisheries; and

(C) Two members who are not employed in the commercial fishing industry and who represent the public interest in the equitable administration of public funds.

(c) A county must establish a procedure by which permit owners who have experienced economic harm shall be given funds received under the county program.

(d) A county program must require that an advisory committee must establish compensation rates for economic harm that are based on fair market value.

(e) A county program must establish eligibility requirements for compensation that ensures, that the person did experience legitimate economic harm.

(f) The county will be reimbursed an amount of money, approved by the Oregon Department of Fish and Wildlife, to cover the allowable expenditures necessary to implement the county program during the calendar year. Allowable expenditures are:

(A) Establishing a county advisory committee.

(B) Establishing a procedure by which persons applying for compensation will provide sufficient evidence of economic harm.

(C) Establishing a procedure by which persons applying for financial assistance for economic hardship provide an estimate of the potential cost.

(D) Distributing grant program funds.

(E) Preparation of an annual report to the Department.

History

Statutory/Other Authority: ORS 509.230
Statutes/Other Implemented: ORS 508.775 - 508.796
DFW 160-2014, f. & cert. ef. 12-8-14

Or. Admin. R. 635-440-0015 Distribution of Funds by County

Funds received by a county program from the Department may only be used to reimburse the following expenses or losses:

(1) Compensation to permit holders for documented economic harm

(2) Compensation to permit holders for gear changes.

(3) Compensation to the county for allowable expenditures necessary to implement the county program during the calendar year.

History

Statutory/Other Authority: ORS 509.230
Statutes/Other Implemented: ORS 508.775 - 508.796
DFW 160-2014, f. & cert. ef. 12-8-14

Or. Admin. R. 635-440-0020 Grant Application Procedures

(1) Grant application forms will be made available and distributed by the Department on request by a county.

(2) Each county shall submit its proposal for funding on the Department’s application form, including attachments as necessary.

(3) Applications for funds for a calendar year shall be submitted to the Department by March 1 of the following year. Late submissions may be accepted at the discretion of the Department.

(4) Grant applications may only be made for the purposes outlined in OAR 635-440-0015.

History

Statutory/Other Authority: ORS 509.230
Statutes/Other Implemented: ORS 508.775 - 508.796
DFW 160-2014, f. & cert. ef. 12-8-14

Or. Admin. R. 635-440-0025 Grant Application Review

(1) The Department will review county grant applications to evaluate the reasonableness of the amount of money requested. The Department may use formulas it may derive for allocating available funds equitably among grant requests by multiple qualifying county programs.

(2) The Department will review each application for completeness, accuracy, and consistency with these rules. Incomplete applications may be returned for correction or completion. Applications not meeting the standards established in these rules may be denied. If an application is denied, the Department will identify standards necessary for approval of a future grant application.

History

Statutory/Other Authority: ORS 509.230
Statutes/Other Implemented: ORS 508.775 - 508.796
DFW 160-2014, f. & cert. ef. 12-8-14

Or. Admin. R. 635-440-0030 Grant Awards

After reviewing a county application, the Department will make one of the following decisions for each county’s grant request.

(1) Approval of grant award for the full amount requested;

(2) Approval of grant award of partial amount requested.

(3) Deferral of request for further consideration based upon submission of additional information;

(4) Denial of request.

History

Statutory/Other Authority: ORS 509.230
Statutes/Other Implemented: ORS 508.775 - 508.796
DFW 160-2014, f. & cert. ef. 12-8-14

Or. Admin. R. 635-440-0035 Grant Administration

The Department and county shall enter into a grant agreement by January 1 of each year that includes but is not limited to the following:

(1) A detailed description of the county program and a description of the work elements for which grant funding is received. This description shall include description of the criteria to be used for assessing eligibility of permit holders, relevant advisory committee bylaws, and other procedures by which the county will manage the compensation program.

(2) A payment schedule as determined by the Department.

(3) A condition requiring the participating county to prepare an annual report that specifies the actions taken, compensation paid and financial assistance provided under the grant. This report will be due to the Department on June 1 of each year following an awarded grant.

(4) A condition allowing the Department to withhold the relevant payment pending resolution of the identified deficiencies in grant administration or in the event the Department finds a report unsatisfactory.

(5) A condition allowing termination of the grant agreement if a county is consistently unable to meet requirements as identified in the grant or as consistent with law.

(6) A condition requiring counties to maintain any and all records necessary for the Department to audit and review the county program.

(7) A condition specifying that grantees and the Department may amend timelines specified in the grant agreement provided such amendments are in writing and are mutually agreed to.

(8) A condition specifying that unexpended grant funds not used by the county must be returned to the Department for re-deposit in the Transition Fund.

History

Statutory/Other Authority: ORS 509.230
Statutes/Other Implemented: ORS 508.775 - 508.796
DFW 160-2014, f. & cert. ef. 12-8-14

Division 500 FISH MANAGEMENT PLANS

Or. Admin. R. 635-500-0002 Purpose

The administrative rules contained in this division are the legally enforceable elements of fish management plans. Fish management plans are comprehensive documents which the Department regards both as a means to implement policy and as an explanation of the intent and rationale of management direction. Plans contain factual background material, statements of the rationale for selection of objectives, strategies to be applied to attain objectives, and statements of general priorities for various actions. Copies of all plans are available from the Department.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0010 Steelhead Management Policy

These rules are established to guide management and conservation of steelhead (Oncorhynchus mykiss) in Oregon. It is the policy of the State of Oregon that steelhead be managed as a game fish. This management plan fulfills OAR 635-007-0515 which states resources of the state shall be managed according to management plans. Additional guidance is provided by Fish Management Goals (635-007-0510), Natural Production Policy (635-007-0521 through 635-007-0524), Wild Fish Management Policy (635-007-0525 through 635-007-0535), Wild Fish Gene Resource Conservation Policy (635-007-0536 through 635-007-0538) and Hatchery Fish Gene Resource Management Policy (635-007-0540 through 635-007-0541).

History

Statutory/Other Authority: ORS 496.012, 496.435, 506.036 & 506.109
Statutes/Other Implemented: ORS 496.012, 496.435, 506.036 & 506.109
FWC 37-1995, f. 5-3-95, cert. ef. 5-5-95
FWC 55-1986, f. & ef. 9-9-86
FWC 34-1986, f. & ef. 8-7-86

Or. Admin. R. 635-500-0015 Steelhead Habitat Protection Policy

The Department recognizes that attrition and degradation of habitat is a serious threat to maintenance of healthy and diversified populations of steelhead. Implementation of state and federal laws for conservation of fish habitat, including those contained in the Wildlife and Commercial Fishing Codes, is essential to sustaining a strong habitat base. Therefore, consistent with OAR 635-007-0515(6), the Department will maintain or enhance the total total capacity of habitats supporting steelhead trout in Oregon by cooperating fully with other agencies to implement laws and develop coordinated resource management programs. The Department will also work with private organizations and individuals to achieve, where possible, mutually satisfactory solutions to conflicts between the objectives of other parties and this policy.

History

Statutory/Other Authority: ORS 496
Statutes/Other Implemented: ORS 496
FWC 55-1986, f. & ef. 9-9-86
FWC 34-1986, f. & ef. 8-7-86

Or. Admin. R. 635-500-0020 Steelhead Management Goals and Objectives

The Department shall proceed with programs and other efforts to achieve the following statewide goals and objectives, consistent with applicable law, agency policy and rule, and recognizing funding priorities for the agency. Goals of steehead management are to:

(1) Sustain healthy and abundant wild populations of steelhead. The Steelhead Management Plan defines “healthy population” as a population that maintains a high level of productivity and adaptive capacity. Objectives under this goal are to:

(a) Protect and restore spawning and rearing habitat;

(b) Provide safe migration corridors;

(d) Protect wild steelhead populations from detrimental interactions with hatchery fish; and

(e) Monitor the status of wild steelhead populations so that long-term trends in populations can be determined:

(2) Provide recreational, economic, cultural and aesthetic benefits from fishing and non-fishing uses of steelhead. Specific objectives are to:

(a) Provide a harvest for treaty tribes without overharvesting wild fish;

(b) Provide recreational angling opportunities reflecting the desires of the public while minimizing impacts on wild fish; and

(c) Increase non-angling uses that provide recreation and broaden public understanding of steelhead and habitat programs.

(3) Involve the public in steelhead management and coordinate Oregon Department of Fish and Wildlife actions with the tribes and with other agencies. Objectives include:

(a) Increase public awareness of steelhead and related fishery management issues;

(b) Provide a forum for public involvement in steelhead management; and

(c) Coordinate Oregon Department of Fish and Wildlife steelhead management activities with other habitat and fishery managers.

History

Statutory/Other Authority: ORS 496.012, 496.435, 506.036 & 506.109
Statutes/Other Implemented: ORS 496.012, 496.435, 506.036 & 506.109
FWC 37-1995, f. 5-3-95, cert. ef. 5-5-95
FWC 55-1986, f. & ef. 9-9-86
FWC 34-1986, f. & ef. 8-7-86

Or. Admin. R. 635-500-0045 Wild Warmwater Game Fish Management Policy

Management options for protection and enhancement of wild stocks are contained in OAR 635-007-0525. In addition, the following guidelines by management option apply only to management of nonendemic warmwater game fishes:

(1) Option (1)(a) of OAR 635-007-0525 — Manage for wild fish:

(a) The intent of management under this option is to insure that the adaptability of wild stocks is not diminished by hatchery stocks;

(b) Wild stocks will be used to establish populations. Donor stocks that show life history or behavioral characteristics believed to improve survival and growth of populations in the basin must be used;

(A) Life history characteristics in comparison to local stocks;

(B) Goals of the introduction;

(D) Possible consequences on the fish management objectives for all species in the basin.

(d) If production of wild fish in the basin is believed to be limited by some existing habitat condition, attempts to increase abundance of fish will consist of improvements to habitat;

(e) If production of wild fish in the basin is believed to be lower than the present habitat can support, short-term stocking of fry, fingerling, or adults may be used in an attempt to achieve maximum sustained production. Under these circumstances, the stocking program will not exceed five years. During the stocking period, an evaluation procedure will be established to determine the effectiveness of the stocking program. Donor stocks must meet the criteria listed in subsections (1)(b) and (c) of this rule.

(2) Option (1)(b) of OAR 635-007-0525 — Manage for wild and hatchery fish:

(a) The intent of management under this option is to insure that the range of biological characteristics, adaptability, and production of the wild stock are not reduced by interactions with hatchery fish;

(b) Habitat protection and enhancement are essential to maintaining production for wild fish in the system;

(c) Hatchery fish may be used on a routine, ongoing basis in order to increase the abundance of adults over the number that would be present under reliance on natural production alone;

(d) Hatchery programs will use fish believed adapted to survival, growth, and adaptability in the basin. The best adapted of acceptable donor stocks will be used. Nonlocal stocks will meet the criteria of guideline in subsection (1)(c) of this rule;

(e) If beneficial alteration of genetic adaptability of the wild population is desired, hatchery fish will be released in sufficient numbers and over a sufficient time period to substantially alter life history characteristics;

(f) Special restrictions may be imposed to protect hatchery stocks released for the purpose of breeding with stocks currently present.

(3) Option (1)(c) of OAR 635-007-0525 — Manage for hatchery fish:

(a) The intent of management under this option is to:

(A) Achieve the maximum possible benefits from production of hatchery fish; and

(B) Maintain natural production at the highest level possible without restricting the hatchery program.

(b) Habitat protection and enhancement are essential to maintaining the productive capacity of wild fish in the system;

(c) The hatchery program must use a well adapted local or other stock believed able to survive and grow in the basin as a basis for developing a hatchery population that will achieve goals of the hatchery program. Nonlocal stocks will meet the criteria of subsection (1)(c) of this rule;

(d) The magnitude of the hatchery program will not be limited to regulating the effects on wild stocks of the same species within the basin. The magnitude of the hatchery program may be limited to regulating the effects on other fish species in the basin, depending on management objectives for those species.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 77-1987, f. & ef. 9-15-87

Or. Admin. R. 635-500-0055 Objectives of Warmwater Game Fish Management

The Department shall proceed with programs and other efforts to achieve the following statewide objectives, consistent with applicable law, agency policy and rule, and recognized funding priorities for the agency. The Warmwater Game Fish Management Plan will provide specific guidance for the production, harvest and management of warmwater game fish statewide, consistent with these objectives:

(1) Provide diversity of angling opportunities, including opportunities for:

(a) Trophy angling. Management for trophy angling will emphasize low harvest and maintenance of large fish in the populations;

(b) Quality angling. Management for quality angling will promote above average sizes and moderate regulation;

(d) Basic yield angling. Management for basic yield angling will be low key, with minimal regulation and little intervention in natural processes.

(2) Expand distribution by stocking warmwater species where habitat is suitable and expansion is consistent with fish management programs, including:

(a) Developing additional warmwater fisheries where suitable habitat is identified;

(b) Evaluating predators and forage fishes to fulfill existing biological needs;

(d) Developing sources of artificially propagated fishes to meet needs for stocking of warmwater game fish;

(e) Developing other source than artificial propagation to supply fishes for stocking, including transfer of wild fish from public waters or established of populations in private ponds for stocking;

(f) Introduction of species not now found in Oregon which can be used more effectively than indigenous species to manage some waters, consistent with fish introduction guidelines.

(3) Increasing angling opportunities and use of warmwater species where desirable, including:

(a) Directing angling effort toward increased use of yellow perch, bluegill, bullheads, and crappies;

(b) Increasing angling opportunities statewide, particularly bank angling in the Portland to Cottage Grove corridor.

(4) Maintain, restore, and enhance populations of warmwater game fishes in individual waters, including:

(a) Preventing declines in existing fisheries;

(b) Improving fisheries not meeting management plan objectives;

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 77-1987, f. & ef 9-15-87

Or. Admin. R. 635-500-0060 Guidelines for Introductions of Warmwater Game Fishes

The following guidelines will be used in determining whether or not to introduce exotic warmwater game fish into Oregon:

(1) Endemic anadromous salmonids and wild endemic resident trout must be protected.

(2) Warmwater game fishes may be introduced into waters managed with fingerling hatchery trout only when there is a reasonable expectation of a greater net benefit to the fishery than when trout alone are used.

(3) Introduction of warmwater game fish will not be constrained by use of catchable rainbow trout.

(4) Existing fisheries substantially reaching management plan objectives (and meeting guidelines for return of hatchery fish, etc.) are favored over changes in fish species or management. Changes should be made to improve management, not simply to make if different. Caution must be exercised to avoid impacts to successful programs.

(5) Stocking new waters and changing current management must be based on a demonstrable probability of success (i.e., desirable growth and survival rates, favorable size distribution in fishery, and diversification of fishery) based on experiences elsewhere. Introductions should be approached on the basis of success in similar situations, or experiences that suggest the proposed action would be successful. Only those introductions for which a strong case can be built on observed and expected benefits should be approved. An exception may be made for purely experimental releases, where that status is made clear and unrealistic public or agency expectations are not created.

(6) Illegal introductions do not have a status in management decisions until accepted in an adopted management plan. A new species occurring in a water is not officially integrated into management for the new species until management plans are adopted or revised. Illegal introductions should not drive management decisions without opportunity for agency and public review. Otherwise, unauthorized fish stocking will supersede agency fish management objectives.

(7) Proposed introductions should meet the following conditions:

(a) Introduction to public waters must fill a recognized biological need;

(b) In addition, introductions in public waters must support a substantive fishery with appeal to anglers and contribute to the diversity of management or they must contribute to sport fisheries as forage for game fishes. The introduction must be demonstrably beneficial, based on experiences under similar or comparable conditions elsewhere;

(c) No fish will be introduced into any waters until a determination has been made that the introduction will not cause indigenous wildlife to become threatened or endangered;

(d) If the introduction is of a species already found in Oregon, the stock selected must not reduce genetic adaptability to Oregon conditions;

(e) For fish introduced into public waters, a source of fish or eggs must be identified with expectation of dependable production for five years or long enough to established a viable population, whichever is shorter. Annual production and acquisition costs and costs of any new production facilities must be estimated and a source of funding identified;

(f) The introduction must be consistent with existing management plans, or be incorporated into a new management plan with public review;

(g) The introduction will be authorized only after submission to the established ODFW fish introduction proposal review process (according to “Guidelines for Fish Introductions or Transfers “) and consequent approval by the Chief of Fisheries;

(h) The fish stock, shipping station, watershed, and receiving waters must meet criteria established in OAR 635-007-0585 (“Import or transfer of fish restricted”) and related rules dealing with transportation permits and fish health safeguards;

(i) For introduction into public waters, an evaluation of the ecological role, fishery contribution, and costs (biological and economic) of the introduced species growth must be made within six years.

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

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 77-1987, f. & ef. 9-15-87

Or. Admin. R. 635-500-0100 Trout Management Selection Criteria

Management options for protection and enhancement of wild stocks are contained in OAR 635-007-0525. Criteria for the management option selection process follow:

(1) Select for Option (1)(a) of 635-007-0525 (manage exclusively for wild fish) if:

(a) The wild population is self-sustaining and multiple age classes are present;

(b) Natural production meets fishery objectives;

(2) Select for Option (1)(b) of OAR 635-007-0525 (manage for wild and hatchery fish) if:

(a) The wild population is self-sustaining and multiple age classes are present;

(b) Natural production does not meet fishery objectives;

(d) Introduction of trout species or stocks will not seriously affect native species or stocks.

(3) Select for Option (1)(c) of OAR 635-007-0525 (management for hatchery fish) if:

(a) A healthy self-sustaining population of wild fish is not present;

(b) There is little habitat potential for natural production.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 93-1987, f. & ef. 10-30-87

Or. Admin. R. 635-500-0105 Trout Management Guidelines

The following guidelines by management option apply to management of trout:

(1) Option (1)(a) of OAR 635-007-0525 — Manage exclusively for wild fish:

(a) No hatchery trout will be stocked;

(b) Habitat protection, rehabilitation, and enhancement are the primary management activities;

(2) Option (1)(b) of OAR 635-007-0525 — Manage for wild and hatchery fish:

(a) Habitat protection, rehabilitation, and enhancement are essential to maintaining wild trout production;

(b) Hatchery stocks shall be used for target fisheries. When hatchery stocks are released to supplement, rehabilitate, or enhance the existing wild stock, they should be as genetically similar to the existing wild stocks as possible;

(c) Introduction of non-native stocks and species must be approved through the Stocking Policy Review Process. This review is a very detailed procedure, used by anyone who proposes to introduce a stock or species into Oregon waters where they do not or have not existed in the past;

(d) Harvest and angling impact will be regulated in accordance with the management alternative selected.

(3) Option (1)(c) of OAR 635-007-0525 — Manage for hatchery fish:

(a) Introduction of non-native stocks must be approved through the Stocking Policy Review Process;

(b) Special harvest regulations may be applied to maximize the catch of hatchery trout.

(4) There are three general guidelines for use of hatchery trout common to options (1)(b) and (c) of OAR 635-007-0525:

(a) Yearling rainbow trout will not be stocked in streams that are not presently stocked unless approved by the Commission in a subbasin management plan;

(b) Stocking of yearling rainbow trout will be discontinued or modified where the return to the angler is consistently less than 40 percent of the number released;

(c) Brood stocks selected to contribute to natural production in streams managed for Option (1)(b) of OAR 635-007-0525 will contain a sufficient number of adults (i.e., effective population size) so that the genetic fitness of the wild stock can be maintained.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 93-1987, f. & ef. 10-30-87

Or. Admin. R. 635-500-0110 Option Movement Criteria

In order to move from one option to another the following criteria apply:

(1) Option (1)(c) to (1)(b) of OAR 635-007-0525:

(a) Habitat improves to allow development of a significant self-sustaining population from hatchery or wild parents;

(b) Harvest management will allow development of self-sustaining natural production.

(2) Option (1)(b) to (1)(a) of OAR 635-007-0525:

(a) Habitat improves to allow development of a self-sustaining population from wild parents;

(b) The naturally produced population is able to meet fishery objectives.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 93-1987, f. & ef. 10-30-87

Or. Admin. R. 635-500-0115 Management Alternatives

In addition to the three broad management options in OAR 635-007-0525 (Wild Fish Policy) the following six management alternatives, their criteria and guidelines, will be used in the management of trout:

(1) Wild Fish — Management under the wild fish alternative is exclusively for wild fish Option (1)(a) of OAR 635-007-0525 (Wild Fish Policy). These fish may have significant genetic value and some populations will be recognized specifically for their uniqueness. Guidelines which apply are:

(a) No hatchery-reared trout will be released in these waters;

(b) Although ODFW does not have regulatory authority over most activities that affect aquatic habitat, it will actively pursue and promote habitat protection and enhancement. Habitat must be protected or enhanced, using a subbasin-wide approach, to maximize the productivity of the stock, conserve stock fitness and life history characteristics, and to maintain healthy trout populations with multiple-age classes. Specific coordination activities will be coordinated with land management agencies;

(c) Consumptive and nonconsumptive fisheries are encouraged. However, special regulations may be necessary to protect stock fitness and life history characteristics and to maintain healthy trout populations with multiple age classes;

(d) No new introductions of hatchery or wild species will be made unless proposed in a management plan, evaluated to determine impact on wild trout stocks, and approved by the Commission;

(e) The productive capacity of waters in this alternative will be maintained or enhanced so no net loss of natural fish production occurs;

(f) Unique native populations may require additional recognition for protection.

(2) Featured Species and Waters — Management under this alternative emphasizes species or stocks that are uncommon or unique and waters that have historical benefit or potential for unique natural beauty, water quality, aesthetics or recreational capabilities. Species, stocks, or waters under this alternative can be managed as Options (1)(a), (b), or (c) of OAR 635-007-0525 (Wild Fish Policy). Guidelines which apply are:

(a) Habitat must be protected or enhanced to maintain and preserve the uniqueness of these stocks, species, or waters. Protection or enhancement activities will include a subbasin-wide approach via land management agencies to preserve unique natural beauty, water quality and volume, and aesthetic or recreational capabilities;

(b) The productive capacity of waters in this alternative will be maintained or enhanced so that no net loss of natural fish production occurs;

(c) Featured species or stocks will be managed to maintain their genetic diversity, stock fitness, and resulting life history characteristics;

(d) Special regulations may be necessary to protect the uniqueness of the featured stock, species, or waters. Consumptive and non-consumptive fisheries are encouraged;

(e) No new introduction of hatchery or wild species will be made unless proposed in a management plan, evaluated to determine effects on wild trout stocks, and approved by the Commission.

(3) Trophy Fish — Certain waters are capable of producing large “bragging-size” trout. This alternative does not include publicizing all trophy trout waters in the state. Many anglers fish secret and favorite waters that produce some trophy trout. Waters that have limited access or capability to produce large fish without special habitat protection, regulation, or stocking procedures will be placed in other alternatives to preserve angler diversity. Management Options may be (1)(a), (b), or (c) of OAR 635-007-0525 (Wild Fish Policy). Guidelines which apply are:

(a) Habitat must be protected, restored, or enhanced to produce large trout;

(b) Species or stocks known to produce large trout will be managed to maintain genetic diversity, stock fitness, and resulting life history characteristics;

(c) Nonconsumptive fisheries are encouraged. Special regulations (catch limits, size restrictions, catch and release, and gear restrictions) may be necessary to protect these large fish and insure the population health and size diversity;

(d) Release of fingerling trout will be reduced below carrying capacity in some waters to produce large, naturally reared trout;

(e) The productive capacity of waters in this alternative will be maintained or enhanced so that no net loss of natural fish production occurs;

(f) No new introduction of hatchery or wild species will be made unless proposed in a management plan, evaluated to determine impact on wild trout stocks, and approved by the Commission.

(4) Basic Yield — These waters are managed under Options (1)(a), (b), or (c) of OAR 635-007-0525 (Wild Fish Policy) to use their natural productivity and grow trout to a harvestable size with or without the addition of fingerling or yearling hatchery trout. Although trophy trout and unique fish species may be available, the major fisheries are of a general, consumptive nature without special regulations. Most of the trout available to the angler are from either naturally produced or from releases of hatchery fingerlings. Other species may be present and have fishery values equal to or greater than trout. Guidelines which apply are:

(a) Habitat must be protected and enhanced to optimize natural production potential of wild stocks and natural rearing capability from fingerling stocking;

(b) The productive capacity of waters in this alternative will be maintained or enhanced so that no net loss of natural fish production occurs. Problem waters can be transferred into a higher priority alternative;

(c) General regulations will be used to produce consumptive fisheries unless special regulations are needed to enhance trophy-sized fish or unique species or stocks without seriously restricting the major fisheries;

(d) Natural reproduction and fingerling stocking will provide he major fish production in this alternative. Stocking of yearling hatchery rainbow trout may also be used in some waters;

(e) Other species may have equal or priority status for some waters listed in this alternative;

(f) No new introduction of hatchery or wild species will be made unless proposed in a management plan, evaluated to determine effects on wild trout stocks, and approved by the Commission.

(5) Intensive Use — These waters are managed under Options (1)(a), (b), or (c) of OAR 635-007-0525 (Wild Fish Policy). Waters managed for this alternative are apt to be near large population centers or attract intensive angler use because of easy accessibility or location of other water-oriented recreational facilities. Many of these waters can be used heavily by anglers for short periods (April, May, and June) and afterwards be used for sailboating, water skiing, swimming, and camping. Other waters can support fisheries year-round. Some of these water are stocked with yearling rainbow trout on a regular basis. Guidelines which apply are:

(a) Even with a consumptive fishery to large numbers of anglers, natural production supplemented with fingerling hatchery trout is the least expensive management program;

(b) Habitat protection and enhancement projects are necessary because of the intensive use and large number of recreation days provided. Year round protection is necessary in waters with natural rearing or natural production. Waters with marginal water quality and quality are still critically important to maintain these fisheries even for 2- or 3-month periods;

(c) General regulations will be used to produce consumptive fisheries but special regulations may be needed to protect wild trout under Option (1)(a) or (b) of OAR 635-007-0525;

(d) ODFW will continue to coordinate with other state and federal agencies to prevent conflicts with other water-related recreational activities.

(6) Private Waters and Reservations — ODFW generally does not participate in the direct management of these waters except regarding the enforcement of applicable state statutes, policies, and administrative rules pertaining to stocking permits, fish diseases, prohibited species, and other factors that may affect the welfare of the state’s natural resources.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 93-1987, f. & ef. 10-30-87

Or. Admin. R. 635-500-0120 Objectives of Trout Management

The Department shall proceed with programs and other efforts to achieve the following statewide objectives, consistent with applicable law, agency policy and rule, and recognized funding priorities for the agency. The Statewide Trout Plan will provide specific guidance for the production, harvest and management of trout statewide, consistent with the following objectives:

(1) Maintain the genetic diversity and integrity of wild trout stocks throughout Oregon:

(a) Strategy 1 — Identify wild trout stocks in the state;

(b) Strategy 2 — Minimize the adverse effects of hatchery trout on biological characteristics, genetic fitness, and production of wild stocks;

(d) Strategy 4 — Evaluate the effectiveness of trout management programs in providing the populations of wild trout necessary to meet the desires of the public;

(e) Strategy 5 — Update statewide physical and biological surveys of wild trout waters under a standard sampling program.

(2) Protect, restore, and enhance trout habitat:

(a) Strategy 1 — Continue to strongly advocate habitat protection with land and water management agencies and private landowners;

(b) Strategy 2 — Identify irreplaceable habitat that supports stocks of wild trout and seek stringent protection of that habitat;

(d) Strategy 4 — Restore and enhance trout habitat and evaluate the effectiveness of enhancement projects.

(3) Provide a diversity of trout angling opportunities:

(a) Strategy 1 — Determine the desires and needs of anglers;

(b) Strategy 2 — Use management alternatives for classifying wild trout waters to provide diverse fisheries;

(4) Determine the statewide management needs for hatchery trout:

(a) Strategy 1 — Summarize information on the current hatchery program and determine necessary changes;

(b) Strategy 2 — Conduct studies to investigate methods to improve the hatchery trout program (e.g., migration behavior of yearling trout, resistance to disease, sterilization, competition, etc.);

(d) Strategy 4 — Evaluate the effectiveness of hatchery trout management programs in meeting the desires of the public.

(5) Enhance the public awareness of Oregon’s trout resources:

(a) Strategy 1 — Promote values of Oregon’s wild trout resources;

(b) Strategy 2 — Increase the involvement of the STEP program in the enhancement of trout;

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

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 93-1987, f. & ef. 10-30-87

Or. Admin. R. 635-500-0200 Management Objectives for North Umpqua River Below Soda Springs Dam

The Department of Fish and Wildlife will emphasize summer and winter steelhead and spring chinook in the North Umpqua River below Soda Springs Dam. Coho shall be managed for the production of naturally produced coho with an option for a hatchery program consistent with provisions in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon). Fall Chinook will be emphasized in other areas where better habitat exists. The Department shall proceed with programs and other efforts to achieve the following objectives, consistent with state law, agency policy and rule, and recognizing funding priorities for the agency. The following objectives will govern management of salmonid populations in the North Umpqua River basin below Soda Springs Dam.

(1) All issues related to management of salmon (except coho), steelhead, and cutthroat trout in this area are addressed in the Coastal Multi-Species Conservation and Management Plan (OAR 635-500-6775).

(2) Coho:

(a) Recover the naturally produced coho population in the North Umpqua River Basin consistent with the six measurable criteria for desired status contained in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon).

(b) Recover Umpqua River Basin naturally produced coho salmon sufficiently to prevent restrictions on fisheries targeting other species or fin clipped hatchery coho, and sufficiently to provide for future harvest in the North Umpqua Basin consistent with 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 77-2014, f. & cert. ef. 6-24-14
DFW 60-2014, f. & cert. ef. 6-10-14
DFW 22-2007, f. & cert. ef. 4-5-07
FWC 12-1986, f. & ef. 4-17-86, Renumbered from 635-500-0001

Or. Admin. R. 635-500-0205 Willamette Subbasins — Organization of Rules

Oregon Administrative Rules 635-500-0205 through 635-500-0218 previously described fish management for the Willamette Basin. The Willamette Basin Fish Management Plan has been superseded by fish management plans for each of the subbasins comprising the Willamette Basin. Accordingly, OAR 635-500-0206 through 635-500-0218 have been replaced by 635-500-0790 through 635-500-1660. The Willamette Basin Fish Management Plan for Spring Chinook sections of specific subbasins: 635-500-1661 through 635-500-1663, and 635-500-1665 and 635-500-1665, have been superseded by spring Chinook OARs in the subbasins.

Administrative rules for the Willamette River mainstem and principle subbasins are organized as follows:

(1) OAR 635-500-0266 through 635-500-0276 cover habitat management objectives and fish management policies and operating principles in the McKenzie River subbasin.

(2) OAR 635-500-0790 through 635-500-0800 cover general fish management policies and habitat management objectives that are applicable to all subbasins and the Mainstem Willamette River.

(3) OAR 635-500-0810 through 635-500-0900 cover habitat management objectives and fish management policies and operating principles in the Clackamas River subbasin.

(4) OAR 635-500-0910 through 635-500-0990 cover habitat management objectives and fish management policies and operating principles in the Coast Fork Willamette River subbasin.

(5) OAR 635-500-1000 through 635-500-1090 cover habitat management objectives and fish management policies and operating principles in the Willamette Coast Range subbasins.

(6) OAR 635-500-1100 through 635-500-1140 cover habitat management objectives and fish management policies and operating principles in the Long Tom River subbasin.

(7) OAR 635-500-1150 through 635-500-1270 cover habitat management objectives and fish management policies and operating principles in the Mainstem Willamette River.

(8) OAR 635-500-1280 through 635-500-1360 cover habitat management objectives and fish management policies and operating principles in the Middle Fork Willamette River subbasin.

(9) OAR 635-500-1370 through 635-500-1470 cover habitat management objectives and fish management policies and operating principles in the Molalla and Pudding River subbasin.

(10) OAR 635-500-1480 through 635-500-1600 cover habitat management objectives and fish management policies and operating principles in the Santiam River and Calapooia River subbasins.

(11) OAR 635-500-1610 through 635-500-1660 cover habitat management objectives and fish management policies and operating principles in the Tualatin River subbasin.

(12) OAR 635-500-1664 covers spring Chinook management objectives in the Mainstem Willamette River.

(13) OAR 635-500-6600 covers the implementation of a recovery plan for seven Chinook populations and four steelhead populations.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
DFW 16-1998, f. & cert. ef. 3-9-98
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
FWC 106-1987, f. & ef. 12-18-87

Or. Admin. R. 635-500-0266 McKenzie Subbasin Fish Management — Applicability

OAR 635-500-0266 through 635-500-0276 apply to the Mckenzie River subbasin which includes the mainstem McKenzie River, its tributaries, and Leaburg Pool. These rules are in addition to, and not in lieu of, rules which apply to the Willamette River Basin.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 4-1988, f. & cert. ef. 1-29-88

Or. Admin. R. 635-500-0267 McKenzie Subbasin Habitat

Objectives for habitat management in the McKenzie River subbasin:

(1) Promote habitat conditions that contribute to achieving the desired status of spring Chinook salmon identified in the Upper Willamette Conservation and Recovery Plan for Chinook salmon and steelhead (OAR 635-500-6600). This includes, but is not limited to, the following actions:

(a) Maintain and improve upstream and downstream passage for anadromous fish at dams, diversions, power projects, and, where appropriate, at natural barriers;

(b) Provide necessary in-stream flows for fish production;

(d) Protect existing stream habitat from degradation associated with timber harvest and other related activities on forested lands, with road construction, and with development on private and agricultural lands;

(e) Inventory streams and assess watershed characteristics that affect fish production.

(2) Promote habitat conditions for other species where they may be different than for spring Chinook.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
FWC 4-1988, f. & cert. ef. 1-29-88

Or. Admin. R. 635-500-0268 Resident Trout and Whitefish

The following policies apply to resident trout and whitefish in the McKenzie River subbasin:

(1) Cutthroat and Rainbow Trout:

(a) The following policies apply to cutthroat and rainbow trout in the McKenzie River subbasin:

(A) The population of cutthroat trout in the McKenzie River below Leaburg Dam shall be managed under the alternatives of the Trout Plan as:

(i) Featured Species and Waters in the mainstem below Hayden Bridge; and

(ii) Wild in all other areas.

(B) All other cutthroat trout populations shall be managed under the Wild Fish alternative of the Trout Plan;

(C) The population of rainbow trout in the McKenzie River below Trail Bridge and Cougar Dams shall be managed under the alternatives of the Trout Plan as:

(i) Featured Species and Waters in the mainstem McKenzie from the mouth to Forest Glen boat ramp near Blue River; and

(ii) Basic Yield in Blue River below Blue River Dam; and

(iii) Wild in all other areas.

(D) The population of rainbow trout in Blue River above Blue River Reservoir shall be managed under the alternatives of the Trout Plan as:

(i) Basic Yield from Blue River Reservoir up to Quentin Creek; and

(ii) Wild in all other areas.

(E) All other rainbow trout populations shall be managed under the Wild Fish alternative of the Trout Plan;

(F) Hatchery produced cutthroat trout shall not be stocked in streams in the McKenzie River Basin;

(G) Only legal-size, hatchery produced rainbow trout may be stocked in the Mainstem McKenzie River from the Hayden Bridge to McKenzie Bridge and in Blue River up to Quentin Creek. Hatchery produced rainbow trout shall not be stocked in any other streams in the McKenzie River Basin.

(b) The following objectives apply to cutthroat and rainbow trout in the McKenzie River subbasin:

(A) Maintain the genetic diversity and distribution, and maintain or increase the abundance of wild cutthroat trout and wild rainbow trout;

(B) Provide diverse opportunities to angle for cutthroat and rainbow trout.

(2) Bull Trout:

(a) The following policy applies to bull trout in the McKenzie River subbasin: All populations of bull trout in the McKenzie Basin shall be managed under the Wild Fish alternative of Oregon’s Trout Plan.

(b) The following objectives apply to bull trout in the McKenzie River subbasin:

(A) Increase the abundance and distribution of bull trout;

(B) Maintain genetic diversity of bull trout in the McKenzie Basin.

(3) Brook Trout:

(a) The following policies apply to brook trout in the McKenzie River subbasin:

(A) All populations of brook trout in the McKenzie Basin shall be managed under the Basic Yield alternative of Oregon’s Trout Plan;

(B) Hatchery produced brook trout shall not be stocked in the McKenzie River or its tributaries.

(b) The following objectives apply to brook trout in the McKenzie River subbasin:

(A) Confine brook trout in the McKenzie Basin to their current distribution;

(B) Provide opportunities to angle for brook trout.

(4) Whitefish:

(a) The following policy applies to whitefish in the McKenzie River subbasin: All populations of whitefish in the McKenzie Basin shall be managed under the Wild Fish alternative of Oregon’s Trout Plan.

(b) The following objectives apply to whitefish in the McKenzie River subbasin:

(A) Maintain the genetic diversity, distribution and abundance of whitefish in the McKenzie Basin;

(B) Provide opportunities to angle for whitefish.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 29-1997, f. 5-2-97, cert. ef. 5-9-97
FWC 4-1988, f. & cert. ef. 1-29-88

Or. Admin. R. 635-500-0269 Summer Steelhead

(1) The following policy applies to summer steelhead in the McKenzie River Subbasin: Summer steelhead will be managed for production and harvest of hatchery fish — Option (1)(c) OAR 635-007-0525 of the Wild Fish Management Policy.

(2) In accordance with this policy, it is the objective of the Department to:

(a) Provide an average annual sport catch of 1,200 adult summer steelhead produced from a maximum release of 120,000 smolts;

(b) Reduce the potential impact of summer steelhead on the production of native trout and spring chinook;

(c) Develop a brood stock from adults returning to the McKenzie River to produce smolts for the McKenzie and Middle Fork Willamette Subbasins.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 4-1988, f. & cert. ef. 1-29-88

Or. Admin. R. 635-500-0270 Winter Steelhead

It is the policy of the Department that winter steelhead will not be released in the McKenzie River Subbasin.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 4-1988, f. & cert. ef. 1-29-88

Or. Admin. R. 635-500-0271 Spring Chinook Salmon

Policy and objectives for wild and hatchery spring Chinook salmon management in the McKenzie River subbasin:

(1)(a) Policy: Consistent with achieving the desired status for spring Chinook salmon identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600), the McKenzie subbasin shall be managed for production of wild and hatchery spring Chinook.

(b) The area above Leaburg Dam shall be managed for the production of wild spring Chinook, and the area below Leaburg dam will be managed for production of wild and hatchery spring Chinook.

(2) Objectives:

(a) Achieve the desired status for spring Chinook salmon in the McKenzie subbasin identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600);

(b) Achieve full mitigation for Willamette River spring Chinook populations reduced or extirpated due to dam construction and operations;

(d) Maintain the gene resources of wild McKenzie spring Chinook;

(e) Maintain hatchery fish genetic diversity, to assure that hatchery populations do not pose a risk to wild populations, meet the management objectives for which they are produced, and maintain their optimum biological and economic value;

(f) As consistent with desired status goals in the Recovery Plan, provide opportunity to catch 1,000 spring Chinook in the McKenzie River sport fishery.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
DFW 16-1998, f. & cert. ef. 3-9-98
FWC 4-1988, f. & cert. ef. 1-29-88

Or. Admin. R. 635-500-0272 Fall Chinook

It is the policy of the Department that fall chinook will not be stocked in the McKenzie Subbasin. In accordance with this policy it is the objective of the Department to minimize production of fall chinook in the Mckenzie River Subbasin.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 4-1988, f. & cert. ef. 1-29-88

Or. Admin. R. 635-500-0273 Coho

It is the policy of the Department that coho will not be stocked in the McKenzie Subbasin.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 4-1988, f. & cert. ef. 1-29-88

Or. Admin. R. 635-500-0274 Mountain Whitefish

It is the objective of the Department to increase public awareness of the angling opportunities for whitefish.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 4-1988, f. & cert. ef. 1-29-88

Or. Admin. R. 635-500-0275 Miscellaneous Species

It is the objective of the Department to maintain viable populations of native fish species not addressed separately in OAR 635-500-0268 through 635-500-0274.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 4-1988, f. & cert. ef. 1-29-88

Or. Admin. R. 635-500-0276 Angling Access

(1) The following policies apply to angling access in the McKenzie River Subbasin:

(a) The Department will seek to provide access for boat and bank angling that will satisfy public need for a variety of angling opportunities and a dispersion of angling effort throughout the subbasin;

(b) Acquisition and development of angler access sites will be consistent with guidelines and objectives for management of fish species and habitat.

(2) In accordance with these policies, it is the objective of the Department to:

(a) Maintain permanent access for boat anglers at an average of one access site per two to three miles of the mainstem upstream to Ollalie Campground;

(b) Increase bank angling access, especially from the mouth upstream to Blue River.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 4-1988, f. & cert. ef. 1-29-88

Or. Admin. R. 635-500-0285 Malheur Basin Fish Management — Organization of Rules

Administrative rules for the Malheur Basin are organized as follows:

(1) OAR 635-500-0290 through 635-500-0300 apply to all waters of the Malheur Basin.

(2) OAR 635-500-0305 through 635-500-0325 apply to specific areas of the Malheur Basin and appear in order beginning in headwater areas and proceeding downstream, with reservoirs listed last.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 81-1990, f. 8-7-90, cert. ef. 8-9-90

Or. Admin. R. 635-500-0290 Habitat

(1) The following policies apply to the Malheur Basin:

(a) Potential losses of fish production from habitat degradation shall be prevented or reduced to the extent possible;

(b) The Department shall coordinate with appropriate land and water management agencies on habitat protection and rehabilitation activities and shall continue to act in an advisory role to such agencies to promote habitat protection.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Develop better communication and coordination with land managers regarding land management activities affecting fish habitat;

(b) Reduce nonpoint source pollution in the Malheur River system;

(d) Improve reservoir habitat for game fish in the Malheur Basin.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 81-1990, f. 8-7-90, cert. ef. 8-9-90

Or. Admin. R. 635-500-0295 Access

(1) The following operating principles apply to access in the Malheur River Basin:

(a) The Department shall seek to provide access for boat and bank angling to satisfy public need for a variety of angling opportunities and a dispersion of angling effort throughout the basin;

(b) Acquisition and development of angler access sites shall be consistent with statewide policies, operating principles and objectives for management of fish species and habitat contained in Department rules.

(2) In accordance with the above operating principles, it is the objective of the Department to:

(a) Improve public access at Malheur Reservoir;

(b) Improve boat access at Beulah and Warm Springs Reservoirs;

(d) Secure public access to South Fork Reservoir;

(e) Improve road access to Warm Springs Reservoir.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 81-1990, f. 8-7-90, cert. ef. 8-9-90

Or. Admin. R. 635-500-0300 Crayfish

(1) The following policy applies to crayfish management in the Malheur River Basin: Crayfish in the Malheur River Basin shall be managed for the recreational fishery.

(2) In accordance with the above policy, it is the objective of the department to: Maintain production of crayfish in the Malheur River Basin for recreational harvest.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 81-1990, f. 8-7-90, cert. ef. 8-9-90

Or. Admin. R. 635-500-0305 Malheur River Headwaters and Tributaries

(1) The following operating principles apply to the Malheur River headwaters and tributaries:

(a) The North Fork Malheur River above Beulah Reservoir, Middle Fork Malheur River above RM 168, and headwater streams and tributaries of the Middle Fork, North Fork, South Fork, and mainstem Malheur River shall be managed for natural production of indigenous populations of wild trout, mountain whitefish, and nongame species with the exception of those areas identified in subsection (b) of this section;

(b) The following areas shall be managed for natural production of indigenous populations and harvest of introduced hatchery rainbow trout:

(A) Dollar Basin Campground at RM 184 on the Middle Fork Malheur River;

(B) North Fork Campground at RM 47.5 on the North Fork Malheur River;

(c) Stocking of hatchery fish shall not exceed a maximum of 3,000 fish per year for all three areas described in subsection (b) of this section;

(d) Trout management in streams identified in subsections (a) and (b) of this section shall be guided by the statewide Trout Plan under the basic yield alternative except for bull trout which shall be managed as a featured species;

(e) The stocking program shall be curtailed if there is evidence it adversely affects redband or bull trout.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Maintain population health (i.e, high abundance, multiple age classes, and genetic fitness) of bull trout and redband trout;

(b) Provide a consumptive fishery on hatchery trout at high use areas identified in subsection (1)(b) of this rule.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 81-1990, f. 8-7-90, cert. ef. 8-9-90

Or. Admin. R. 635-500-0310 Middle Fork Malheur River Above Warm Springs Reservoir and Main Stem South Fork Malheur River

(1) The following policies apply to the mainstem Middle Fork Malheur River above Warm Springs Reservoir and the mainstem South Fork Malheur River:

(a) The Middle Fork Malheur River above Warm Springs Reservoir and the mainstem South Fork Malheur River shall be managed for trout and smallmouth bass;

(b) Trout in the Middle Fork Malheur River shall be managed for natural production of wild fish consistent with the Wild Fish Management Policy;

(c) Trout in the mainstem South Fork Malheur River shall be managed for natural production of wild and hatchery produced fish consistent with the Wild Fish Management Policy. Stocking of hatchery fish shall not exceed 5,000 fish per year;

(d) Smallmouth bass shall be managed for natural production consistent with the Natural Production Policy;

(e) Trout and smallmouth bass management on the stream sections identified in subsections (a) through (d) of this section shall be guided by the statewide Trout Plan and Warmwater Fish Plan, respectively, under the basic yield alternative.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Improve production of trout and smallmouth bass in the mainstem Middle Fork Malheur River above Warm Springs Reservoir to RM 168 and in the mainstem South Fork Malheur River;

(b) Provide a consumptive trout fishery on the mainstem South Fork Malheur River.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 81-1990, f. 8-7-90, cert. ef. 8-9-90

Or. Admin. R. 635-500-0315 Malheur River and North Fork Main Stem Reservoirs to Namorf Dam

(1) The following operating principles apply to the Malheur River and North Fork Main Stem Reservoirs to Namorf Dam:

(a) The mainstem Malheur River between Warm Springs Reservoir and Namorf Dam shall be managed for natural production of smallmouth bass consistent with the Natural Production Policy and a maximum of 120,000 hatchery trout stocked per year;

(b) The North Fork Malheur River downstream from Beulah Reservoir and Willow Creek between Malheur Reservoir and RM 30 shall be managed for hatchery trout;

(c) Management of trout and smallmouth bass on the mainstem Malheur River between Warm Springs Reservoir and Namorf Dam and hatchery trout on the North Fork Malheur River downstream from Beulah Reservoir and Willow Creek between Malheur River and RM 30 shall be guided by the statewide Trout Plan and the Warmwater Fish Plan, respectively, under the basic yield alternative.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Provide a consumptive trout fishery in the mainstem Malheur River between Warm Springs Reservoir and Namorf Dam, in the North Fork Malheur River below Beulah Reservoir, and in Willow Creek between Malheur Reservoir and RM 30;

(b) Establish a smallmouth bass fishery in the mainstem Malheur River below Gold Creek.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 81-1990, f. 8-7-90, cert. ef. 8-9-90

Or. Admin. R. 635-500-0320 Lower Malheur River

(1) The following operating principles apply to the Lower Malheur River:

(a) The mainstem Malheur River from Namorf Dam (RM 69) to the mouth; Bully Creek from Bully Creek Dam to its mouth (RM 21), and Willow Creek from Brogan to its mouth (RM 20) shall be managed for natural production of warmwater species consistent with the Natural Production Policy;

(b) The management of warmwater fish in the portions of the lower Malheur Basin identified in subsection (a) of this section shall be guided by the statewide Warmwater Fish Plan under the basic yield alternative.

(2) In accordance with these operating principles, it is the objective of the Department to: Improve the warmwater fishery in the lower Malheur River.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 81-1990, f. 8-7-90, cert. ef. 8-9-90

Or. Admin. R. 635-500-0325 Reservoirs

(1) The following operating principles apply to reservoirs in the Malheur Basin:

(a) Bully Creek and Warm Springs Reservoirs shall be managed for natural production of the current combination of warmwater species consistent with the Natural Production Policy. Channel catfish stocking shall be maintained to the extent this species does not adversely affect other warmwater game fish populations;

(b) Beulah and Malheur Reservoirs shall be managed for trout by annually stocking with domestic hatchery trout or other appropriate trout species;

(c) Reservoirs less than 150 surface acres shall be managed for trout or for warmwater species. Trout shall be managed by annually stocking with domestic hatchery trout or other appropriate trout species. Warmwater species shall be managed for natural production consistent with the Natural Production Policy;

(d) The species mix currently present in reservoirs less than 150 surface acres may be altered to better use the reservoir production potential or to meet changing public demand;

(e) Participation by the Department in fishery development in private waters is contingent on the availability of public benefits;

(f) Fish management in reservoirs in the Malheur River Basin shall be guided by the statewide Trout Plan and the Warmwater Fish Plan under the basic yield alternative and shall be consistent with the Wild Fish management Policy.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Improve warmwater game fish production in Bully Creek and Warm Springs Reservoirs; emphasize largemouth bass, white crappie and yellow perch in Bully Creek Reservoir; emphasize largemouth bass, yellow perch and brown bullhead in Warm Springs Reservoir, and give secondary consideration to channel catfish in both reservoirs;

(b) Improve trout production at Beulah and Malheur Reservoirs;

(d) Use South Fork Reservoir as a source of largemouth bass brood stock.

History

Statutory/Other Authority: ORS 496 & 506
Statutes/Other Implemented: ORS 496 & 506
FWC 81-1990, f. 8-7-90, cert. ef. 8-9-90

Or. Admin. R. 635-500-0385 Coos River Basin Fish Management — Organization of Rules

Administrative rules for the Coos River basin contained in OAR 635-500-0385 through 635-500-0480 apply to all waters of the Coos River basin. All issues related to management of salmon (except coho), steelhead, and cutthroat trout in this basin are addressed in the Coastal Multi-Species Conservation and Management Plan (635-500-6775).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 77-2014, f. & cert. ef. 6-24-14
DFW 60-2014, f. & cert. ef. 6-10-14
FWC 110-1990, f. & cert. ef. 10-1-90

Or. Admin. R. 635-500-0410 Coho Salmon

(1) The following operating principles apply to coho salmon in the Coos River basin:

(a) The Coos River Basin shall be managed for the production of naturally produced coho salmon with an option for a hatchery program consistent with provisions in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon);

(b) The coho salmon stock approved for the Coos River system are Coos River stock only;

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Recover the naturally produced coho population in the Coos River Basin consistent with the six measurable criteria for desired status contained in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon);

(b) Recover the Coos River Basin naturally produced coho salmon sufficiently to allow an in-basin fishery on naturally produced coho salmon consistent with OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 22-2007, f. & cert. ef. 4-5-07
FWC 110-1990, f. & cert. ef. 10-1-90

Or. Admin. R. 635-500-0430 Brook Trout

(1) The following operating principle applies to brook trout in the Coos River Basin: Brook trout shall be managed consistent with the Natural Production Policy.

(2) In accordance with this operating principle, it is the objective of the Department to maintain the production potential, genetic integrity, and size diversity of the brook trout population in Matson Creek while maintaining a recreational fishery on the population.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 110-1990, f. & cert. ef. 10-1-90

Or. Admin. R. 635-500-0435 Striped Bass

(1) The following operating principles apply to striped bass in the Coos River Basin:

(a) Striped bass shall be managed for production and harvest of naturally produced and hatchery fish consistent with the Natural Production Policy;

(b) A conservative, carefully monitored striped bass enhancement program shall be pursued to increase the diversity of angling opportunities in the Coos River system.

(2) In accordance with these operating principles, it is the objective of the Department to achieve an adult population of 20,000 to 25,000 striped bass.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 110-1990, f. & cert. ef. 10-1-90

Or. Admin. R. 635-500-0440 White and Green Sturgeon

(1) The following operating principles apply to white and green sturgeon in the Coos River Basin:

(a) Sturgeon shall be managed for wild fish with a small hatchery supplementation program consistent with the Wild Fish Management Policy. Implementation of the hatchery program shall be delayed until adoption of the Statewide Surgeon Plan;

(b) Programs that approach the limits of the Wild Fish Management Policy shall be modified or reduced proportionately to maintain compliance with the policy.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Gather baseline data needed to make management decisions;

(b) Enhance the white sturgeon population in the Coos River Basin with juvenile white sturgeon from Columbia River stock until sport catch rates average 500 fish per year.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 110-1990, f. & cert. ef. 10-1-90

Or. Admin. R. 635-500-0445 American Shad

(1) The following operating principle applies to American shad in the Coos River Basin: American shad shall be managed for wild fish consistent with the Wild Fish Management Policy. Hatchery fish shall not be released in the Coos River system.

(2) In accordance with this operating principle, it is the objective of the Department to maintain a stable population of American shad while striving to increase harvest of the species.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 110-1990, f. & cert. ef. 10-1-90

Or. Admin. R. 635-500-0450 Miscellaneous Freshwater, Marine and Anadromous Fish

The following objectives apply to freshwater, marine and anadromous fish species in the Coos River Basin, as specified in this rule.

(1) For native freshwater and anadromous fish species not otherwise provided for in these rules:

(a) Maintain populations at an abundance consistent with their habitat requirements;

(b) Determine the population status of the Millicoma dace.

(2) For principal marine recreational fish species not otherwise provided for in these rules: Maintain abundance to continue providing recreational fisheries in the estuary at present levels.

(3) For other fish species with current or potential fishery importance: Determine the relative abundance of flatfishes, smelts, and other miscellaneous species and their availability to in-bay recreational fisheries.

(4) For occasional marine visitors and miscellaneous estuarine fish species: Maintain self-sustaining populations of miscellaneous estuarine and marine species.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 110-1990, f. & cert. ef. 10-1-90

Or. Admin. R. 635-500-0455 Dungeness Crab

It is the objective of the Department to promote an equitable harvest of Dungeness crab among resource users.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 110-1190, f. & cert. ef. 10-1-90

Or. Admin. R. 635-500-0460 Clams

(1) The following operating principle applies to clams in the Coos River Basin: No further introduction of the Manila littleneck clam shall occur in the South Slough Subbasin.

(2) In accordance with this operating principle, it is the objective of Department to:

(a) Maintain the abundance, diversity, and required habitat of each clam species;

(b) Where acceptable, enhance populations of Manila littleneck clams and native clam species;

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 110-1990, f. & cert. ef. 10-1-90

Or. Admin. R. 635-500-0465 Ghost and Mud Shrimp

It is the objective of the Department to maintain self-sustaining populations of ghost and mud shrimp in sufficient abundance to support bait fisheries.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 110-1990, f. & cert. ef. 10-1-90

Or. Admin. R. 635-500-0470 Other Shellfish Species

It is the objective of the Department to maintain the abundance of crawfish, red rock crab, clams, mussels, and piddocks.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 110-1990, f. & cert. ef. 10-1-90

Or. Admin. R. 635-500-0475 Angler Access

It is the objective of the Department to:

(1) Develop additional access sites around Coos Bay and in the upper basin.

(2) Maintain and improve existing access sites in the Coos River Basin.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 110-1990, f. & cert. ef. 10-1-90

Or. Admin. R. 635-500-0480 Angling Law Enforcement

It is the objective of the Department to reduce the illegal harvest of fish and shellfish resources through coordinated efforts with the Oregon State Police.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 110-1990, f. & cert. ef. 10-1-90

Or. Admin. R. 635-500-0500 Tenmile Lakes Basin Fish Management — Organization of Rules

Administrative rules for the Tenmile Lakes basin contained in OAR 635-500-0500 through 635-500-0565 apply to all waters of the Tenmile Lakes basin. All issues related to management of salmon (except coho), steelhead, and cutthroat trout in this basin are addressed in the Coastal Multi-Species Conservation and Management Plan (635-500-6775).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 77-2014, f. & cert. ef. 6-24-14
DFW 60-2014, f. & cert. ef. 6-10-14
FWC 14-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0510 Coho Salmon

(1) The following operating principles apply to coho salmon in the Tenmile Lakes basin:

(a) The Tenmile Lakes Basin shall be managed for the production of naturally produced coho salmon with an option for a hatchery program consistent with provisions in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon);

(b) Coho salmon stock approved for Tenmile Lakes system are Tenmile stock only;

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Recover the naturally produced coho population in the Tenmile Lakes Basin consistent with the six measurable criteria for desired status contained in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon);

(b) Recover the Tenmile Lakes Basin naturally produced coho salmon sufficiently to allow an in-basin fishery on naturally produced coho salmon consistent with OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 22-2007, f. & cert. ef. 4-5-07
FWC 14-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0525 Rainbow Trout

(1) The following operating principle applies to rainbow trout in the Tenmile Lakes Basin: Rainbow trout shall be managed under the basic yield alternative of the Statewide Trout Plan (OAR 635-500-0100 through 635-500-0120) as a hatchery population consistent with concerns for native salmonids under the Wild Fish Management Policy.

(2) In accordance with this operating principle, it is the objective of the Department to:

(a) Provide a spring angling opportunity for rainbow trout and achieve approximately 5,000 total angler days for Tenmile and North Tenmile Lakes combined and 1,500 angler days each for Saunders and Eel lakes;

(b) Phase out releases of rainbow trout in the Tenmile Lakes Basin if a cutthroat trout enhancement program is developed.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 14-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0530 Bluegill

(1) The following operating principle applies to bluegill in the Tenmile Lakes Basin: Bluegill shall be managed under the basic yield alternative of the Warmwater Game Fish Plan (OAR 635-500-0045 through 635-500-0060).

(2) In accordance with this operating principle, it is the objective of the Department to maintain a stable size distribution of bluegill with at least 25 percent of the angler catch being six inches and over by increasing fishery use and predator utilization of the species.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 14-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0535 Brown Bullhead

(1) The following operating principle applies to brown bullhead in the Tenmile Lakes Basin: Brown Bullhead shall be managed under the basic yield alternative of the Warmwater Game Fish Plan.

(2) In accordance with this operating principle, it is the objective of the Department to maintain a stable size distribution of brown bullhead with 50 percent of the angler catch ten inches or greater by increasing fishery use of the species.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 14-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0540 Largemouth Bass

(1) The following operating principle applies to largemouth bass in the Tenmile Lakes Basin: Largemouth bass shall be managed under the high yield alternative of the Warmwater Game Fish Plan.

(2) In accordance with this operating principle, it is the objective of the Department to provide a high yield, consumptive fishery for small to midsize largemouth bass (8 to 12 inches) and maintain an hourly catch rate of 0.5 largemouth bass per hour with 15 percent of the fish caught exceeding 12 inches.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 14-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0545 Striped Bass x White Bass Hybrid

(1) The following operating principle applies to striped bass x white bass hybrid in the Tenmile Lakes Basin: Straying of hybrid bass from the Tenmile Lakes Basin to other rivers shall not be allowed in violation of the Fish Management Policy.

(2) In accordance with this operating principle, it is the objective of the Department to eliminate the striped bass x white bass hybrid population in the Tenmile Lakes Basin by discontinuing releases and removing bag limits and minimum size regulations.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 14-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0550 Miscellaneous Native Fish Species

(1) The following operating principle applies to miscellaneous native fish species in the Tenmile Lakes Basin: Miscellaneous native fish species shall be managed for natural production under the Natural Production Policy.

(2) In accordance with this operating principle, it is the objective of the Department to maintain populations of these native species at an abundance consistent with their habitat requirements.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 14-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0555 Unauthorized Fish Species

It is the objective of the Department to prevent additional illegal introductions of game and nongame fish species into Tenmile Lakes Basin.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 14-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0560 Angler Access

It is the objective of the Department to:

(1) Develop access sites within the Tenmile Lakes Basin and investigate potential boat access points for North Tenmile Lake.

(2) Maintain and improve existing access sites.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 14-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0565 Angling and Boating Law Enforcement

It is the objective of the Department to:

(1) Minimize illegal harvest through coordinated efforts with Oregon State Police and Coos County Sheriff’s Department.

(2) Coordinate efforts with the Coos County Sheriff’s Department to minimize illegal and unsafe boating practices by recreationists.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0600 Yaquina River Basin Fish Management — Organization of Rules

Administrative rules for the Yaquina River basin contained in OAR 635-500-0600 through 635-500-0685 apply to all waters of the Yaquina River basin. All issues related to management of salmon (except coho), steelhead, and cutthroat trout in this basin are addressed in the Coastal Multi-Species Conservation and Management Plan (635-500-6775).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 77-2014, f. & cert. ef. 6-24-14
DFW 60-2014, f. & cert. ef. 6-10-14
FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0615 Coho Salmon

The following operating principles apply to coho salmon in the Yaquina River Basin:

(1) The Yaquina River Basin shall be managed for the production of naturally produced coho salmon with an option for a hatchery program consistent with provisions in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon).

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Recover the naturally produced coho population in the Yaquina River Basin consistent with the six measurable criteria for desired status contained in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon);

(b) Recover Yaquina River Basin naturally produced coho salmon sufficiently to prevent restrictions on fisheries targeting other species or fin clipped hatchery coho, and sufficiently to provide for future harvest in the Yaquina River Basin consistent with OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 22-2007, f. & cert. ef. 4-5-07
FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0635 White and Green Sturgeon

(1) The following operating principle applies to white and green sturgeon in the Yaquina River Basin: White and green sturgeon shall be managed for wild production under the Wild Fish Management Policy (OAR 635-007-0525 through 635-007-0529). No hatchery fish shall be released into the basin.

(2) In accordance with this operating principle, it is the objective of the Department to maintain the abundance of sturgeon by carrying out the habitat objectives of this plan.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0640 American Shad

(1) The following operating principle applies to American shad in the Yaquina River basin: American shad shall be managed for wild production. No hatchery fish shall be released into the Yaquina River Basin.

(2) In accordance with this operating principle, it is the objective of the Department to maintain a stable population of American shad while striving to increase harvest use of the species.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0645 Miscellaneous Freshwater and Anadromous Fish Species

It is the objective of the Department to maintain populations of the native miscellaneous freshwater and anadromous fish species at an abundance consistent with their habitat requirements.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0650 Clams

(1) The following operating principle applies to clams in the Yaquina River Basin: The Department shall promote optimum use of the clam resource.

(2) In accordance with this operating principle, it is the objective of the Department to maintain the abundance, diversity, and habitat of each clam species in Yaquina Bay.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0655 Ghost and Mud Shrimp

(1) The following operating principle applies to ghost and mud shrimp in the Yaquina River Basin: Yaquina Bay ghost and mud shrimp resources and fisheries shall be managed by the Marine Resources Program according to Department and Commission policies.

(2) In accordance with this operating principle, it is the objective of the Department to promote optimum use of ghost and mud shrimp in bait fisheries.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0660 Other Shellfish and Invertebrate Species

It is the objective of the Department to maintain the abundance of crayfish, mussels, and red rock crabs as well as other miscellaneous shellfish and invertebrates.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0665 Pacific Herring

(1) The following operating principle applies to Pacific herring in the Yaquina River Basin: The Department shall manage the estuarine spawning population to maintain the Pacific herring resource.

(2) In accordance with this operating principle, it is the objective of the Department that the commercial harvest shall not exceed 20 percent of the available estimated spawning biomass.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0670 Marine Fish Species

(1) The following operating principle applies to marine fish species in the Yaquina River Basin: The Department shall manage the ocean populations of marine fish species within optimum yield guidelines established by the Department and Pacific Fishery Management Council.

(2) In accordance with this operating principle, it is the objective of the Department to maintain abundance of these species to continue providing recreational fisheries in the estuary at present levels, consistent with state policy and statutes.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0675 Miscellaneous Estuarine and Marine Fish Species

It is the objective of the Department to maintain self-sustaining populations of miscellaneous estuarine and marine species.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0680 Dungeness Crab

(1) The following operating principle applies to Dungeness crab in the Yaquina River basin: The recreational and commercial crab fishery shall be managed by the Marine Resources Program according to Department and Commission policies.

(2) In accordance with this operating principle, it is the objective of the Department to maintain the current level of opportunity for recreational crabbers to harvest crab.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0685 Angler Access

(1) The following operating principles apply to angler access in the Yaquina River basin:

(a) The Department shall seek to provide access for boat and bank angling that will satisfy public need for a variety of angling opportunities;

(b) Acquisition and development of access sites shall be consistent with guidelines and objectives for fish species and for habitat.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Maintain and improve existing access sites in Yaquina Bay, tidewater regions, and along Big Elk Creek;

(b) Develop additional access sites along the Yaquina River above Elk City.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 15-1991, f. 2-28-91, cert. ef. 3-1-91

Or. Admin. R. 635-500-0700 Clear Lake

Clear Lake (Lane County) shall be managed for hatchery and natural production consistent with the Wild Fish Policy under the basic yield alternative of Oregon’s Trout Plan.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 117-1990, f. & cert ef. 10-15-90

Or. Admin. R. 635-500-0703 Diamond Lake

Policies and objectives for fish management in Diamond Lake in the upper Umpqua Basin.

(1) Policies:

(a) Fingerling, legal and trophy sized rainbow trout shall be managed for hatchery production consistent with the Basic Yield Management Alternative of Oregon's Trout Plan (OAR 635-500-0115(4));

(b) Annual fingerling rainbow trout stocking will provide the primary fish production in Diamond Lake; and

(2) Objectives:

(a) Provide quality, consumptive angling opportunities for hatchery produced trout;

(b) Conduct ecologically based fishery monitoring and evaluations necessary to maintain ecologically based fishery objectives and healthy lake ecology; and

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 150-2009, f. 12-16-09, cert. ef. 1-1-10
FWC 117-1990, f. & cert ef. 10-15-90

Or. Admin. R. 635-500-0706 Hosmer Lake

Hosmer Lake shall be managed for hatchery and natural production under the Featured Species alternative of Oregon’s Trout Plan.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 117-1990, f. & cert ef. 10-15-90

Or. Admin. R. 635-500-0709 Hyatt Lake

Hyatt Lake shall be managed for hatchery and natural production under two alternatives from the Warmwater Fish Plan and Oregon’s Trout Plan: Trout — Basic yield; Bass — Basic yield.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 117-1990, f. & cert ef. 10-15-90

Or. Admin. R. 635-500-0712 Lake Billy Chinook

Lake Billy Chinook shall be managed for hatchery and natural production consistent with the Wild Fish Policy under the following alternatives of the Warmwater Fish Plan and Oregon’s Trout Plan: Kokanee — Intensive use; Rainbow and brown trout — Basic yield; Bull trout — Featured species; Bass — Basic yield.

History

Statutory/Other Authority: ORS 496, 506 & 508
Statutes/Other Implemented: ORS 496, 506 & 508
FWC 117-1990, f. & cert ef. 10-15-90

Or. Admin. R. 635-500-0790 General Fish Management Policies

(1) To the extent authorized by law, the Department shall seek compensation for losses of production due to development and other man-made causes.

(2) Hatchery production shall be evaluated to determine if benefits exceed costs.

(3) The number of hatchery fish stocked in the Willamette Basin, regardless of species and size, shall not be increased and stream systems not currently receiving hatchery fish shall not be stocked, with the following exceptions:

(a) Experimental programs where the number of fish released is relatively small and a planned and funded evaluation program exists;

(b) Rehabilitation programs for native species;

(d) Special situations approved by the Commission in public hearing.

(4) Stocking levels and areas shall be addressed in subbasin plans.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0800 Habitat Objectives

(1) The following operating principles apply to the Willamette River Basin:

(a) The Department shall actively pursue and promote habitat protection and improvement necessary to achieve the objectives for management of the subbasins’ fish resources;

(b) The Department shall coordinate with and advise agencies that manage the land and water resources of Willamette subbasins;

(d) Potential losses of fish production from habitat alteration shall be prevented or reduced to the extent possible.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Maintain or improve upstream and downstream passage for fish at dams, water diversions, other manmade obstacles, and existing passage facilities;

(b) Provide necessary in-stream flows for fish production;

(d) Protect fish habitat from degradation associated with timber harvest, road construction, and related activities on forested lands;

(e) Protect existing stream habitat in lowland areas from degradation associated with agricultural, residential and commercial development, and other human activities;

(f) Reduce the impacts of reservoir construction and water management on fish production;

(g) Expand public informational and educational programs dealing with habitat protection;

(h) Inventory stream and watershed characteristics that affect fish production.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0810 Clackamas Subbasin Fish Management — Habitat

(1) Objectives for habitat management in the Clackamas subbasin:

(2) Promote habitat conditions that contribute to achieving the desired status identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575), and the Upper Willamette Conservation and Recovery Plan for Chinook salmon and steelhead (OAR 635-500-6600). This includes, but is not limited to, the following actions:

(a) Maintain and improve upstream and downstream passage for anadromous fish at dams, diversions, power projects, and, where appropriate, at natural barriers;

(b) Provide necessary in-stream flows for fish production;

(e) Inventory streams and assess watershed characteristics that affect fish production.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
DFW 116-2010, f. & cert. ef. 8-10-10
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0820 Winter Steelhead

(1) The following operating principles apply to the Clackamas subbasin:

(a) Winter steelhead in the Clackamas subbasin shall be managed for natural and hatchery production consistent with the desired status identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575);

(b) Consistent with achieving the desired status for winter steelhead identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575), the lower subbasin below River Mill Dam shall be managed primarily for the production and harvest of hatchery winter steelhead. The subbasin above North Fork Dam shall be managed for natural production of the indigenous stock.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Achieve the desired status for winter steelhead in the Clackamas subbasin identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575);

(b) Monitor the status of the winter steelhead run in the Clackamas subbasin;

(d) Increase the potential average annual harvest of winter steelhead in the subbasin to 8,000 fish (2,000 in Eagle Creek and 6,000 in the main stem of the Clackamas River, above and below River Mill Dam).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 116-2010, f. & cert. ef. 8-10-10
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0830 Summer Steelhead

(1) The following operating principles apply to the Clackamas subbasin:

(a) Summer steelhead shall be managed for hatchery production in the subbasin consistent with achieving the desired status identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575);

(b) Summer steelhead smolts shall be released into streams that have suitable adult holding habitat throughout the summer and where adults will provide optimum recreational opportunity;

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Minimize competition and possible interbreeding between non-indigenous summer steelhead and indigenous stocks of anadromous salmonids and resident trout;

(b) Provide a potential average annual harvest of 7,000 summer steelhead in the Clackamas subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 116-2010, f. & cert. ef. 8-10-10
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0840 Spring Chinook Salmon

Policy and objectives for wild and hatchery spring Chinook in the Clackamas River subbasin:

(1)(a) Policy: Consistent with achieving the desired status for spring Chinook salmon identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600), the Clackamas subbasin shall be managed for production of wild and hatchery spring Chinook.

(b) The lower subbasin below River Mill Dam shall be managed primarily for the production and harvest of hatchery spring Chinook. The subbasin above North Fork Dam shall be managed for natural production of the indigenous stock.

(2) Objectives:

(a) Achieve the desired status for spring Chinook salmon in the Clackamas subbasin identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600);

(b) Achieve full mitigation for Willamette River spring Chinook populations reduced or extirpated due to dam construction and operations;

(d) Maintain the gene resources of Clackamas spring Chinook;

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
DFW 16-1998, f. & cert. ef. 3-9-98
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0850 Fall Chinook Salmon

(1) The following operating principle applies to the Clackamas subbasin: Consistent with achieving the desired status for fall Chinook salmon identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575), the Clackamas subbasin shall be managed for natural production of fall Chinook with an option for a conservation hatchery program if necessary.

(2) In accordance with this operating principle, it is the objective of the Department to:

(a) Achieve the desired status for fall Chinook salmon in the Clackamas subbasin identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575);

(b) Determine the identity of the stock of fall Chinook salmon in the subbasin;

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 116-2010, f. & cert. ef. 8-10-10
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0860 Coho Salmon

(1) The following operating principles apply to the Clackamas subbasin:

(a) Consistent with achieving the desired status for coho salmon identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575), the lower subbasin below River Mill Dam shall be managed primarily for the production and harvest of hatchery coho;

(b) The upper subbasin above North Fork Dam shall be managed for natural production of wild coho salmon.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Monitor the status of the coho salmon run in the Clackamas subbasin;

(b) Maintain the genetic characteristics of the wild run;

(c) Achieve the desired status for coho salmon in the Clackamas subbasin identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575);

(d) Maintain a potential average annual harvest level of 1,000 and 1,500 hatchery coho salmon in the main stem of the Clackamas River below River Mill Dam and in Eagle Creek.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 116-2010, f. & cert. ef. 8-10-10
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0870 Warmwater and Miscellaneous Fish

(1) The following operating principles apply to the Clackamas Subbasin:

(a) Warmwater game fish and other introduced warmwater fish shall be managed to discourage increases in natural production above River Mill Dam;

(b) Warmwater species shall not be stocked above River Mill Dam, in mainstem, tributaries, or ponds. Stocking of private ponds with outflow below River Mill Dam shall be permitted.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Prevent the expansion of warmwater fisheries above River Mill Dam;

(b) Protect populations and habitats of sensitive, threatened, or endangered nongame fishes in the Clackamas Subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0880 Trout

(1) The following operating principles apply to the Clackamas subbasin:

(a) Trout in the Clackamas subbasin shall be managed for natural production. No hatchery trout shall be stocked in flowing waters of the Clackamas subbasin; and

(b) Natural barriers to anadromous fish passage shall not be removed. Culverts and man-made obstacles may be improved to allow anadromous fish passage, if fish historically passed the barrier.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Maintain the genetics and production of indigenous wild trout populations, by maintaining genetic diversity, preserving and restoring historical distribution, and by sustaining multiple-age classes; and

(b) Reintroduce bull trout in the Clackamas subbasin to restore a self-sustaining population consistent with achieving the desired status of anadromous salmonid populations identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575).

History

Statutory/Other Authority: ORS 496.146 & 496.162
Statutes/Other Implemented: ORS 496.138
DFW 125-2010, f. & cert. ef. 9-3-10
DFW 71-1998, f. & cert. ef. 8-28-98
Reverted to FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
DFW 26-1998(Temp), f. & cert. ef. 3-25-98 thru 4-24-98
DFW 26-1998(Temp), f. & cert. ef. 3-25-98
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0890 Whitefish

It is the objective of the Department to increase public awareness of angling opportunities for whitefish in the Clackamas Subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0900 Angler Access

(1) The following operating principles apply to the Clackamas Subbasin:

(a) The Department shall seek to provide access to allow the public to enjoy the basin’s fish populations, to provide a diversity of angling and viewing opportunities, and to encourage a dispersion of angling effort;

(b) Acquisition and development of access sites shall be consistent with policies and objectives for management of fish species and habitat.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Increase access to publicly and privately controlled sites in the lower subbasin, particularly for bank anglers;

(b) Provide access that allows orderly and equitable utilization of fishery resources in the basin while providing optimum recreational benefits.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0910 Coast Fork Willamette Subbasin Fish Management — Habitat

It is the objective of the Department to:

(1) Protect fish populations from impacts caused by land use activities.

(2) Restore and enhance riparian and in-stream fish habitats.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0920 Trout

(1) The following operating principle applies to the Coast Fork Willamette Subbasin: Rainbow trout shall be managed for natural and hatchery production and cutthroat trout shall be managed for natural production of the wild populations.

(2) In accordance with this operating principle, it is the objective of the Department to:

(a) Protect and enhance the productivity of wild cutthroat trout and rainbow trout populations;

(b) Provide self-sustaining fisheries for cutthroat trout and rainbow trout in streams not designated for release of hatchery trout;

(c) Diversify angling opportunity by releasing legal-sized hatchery rainbow trout in areas restricted to the Coast Fork Willamette (RM 22-24) and Sharps Creek (RM 0-10).

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0930 Warmwater Game Fish

It is the objective of the Department to:

(1) Maintain existing warmwater game fish populations.

(2) Provide a diversity of warmwater angling opportunities.

(3) Minimize impacts of new species of warmwater game fish on indigenous species.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0940 Oregon Chub

It is the objective of the Department to:

(1) Protect existing populations.

(2) Establish new populations.

(3) Increase public understanding of the status of Oregon chub and the factors that influence abundance.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0950 Winter Steelhead

It is the objective of the Department that the Coast Fork Willamette subbasin shall not be managed for winter steelhead.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0960 Spring Chinook Salmon

Operating policy and objectives for spring Chinook in the Willamette River Basin above the mouth of the McKenzie River (includes the Coast Fork Willamette subbasin) are found in OAR 635-500-1290.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
DFW 16-1998, f. & cert. ef. 3-9-98
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0970 Fall Chinook Salmon

(1) The following operating principle applies to the Coast Fork Willamette Subbasin: Only releases of late spawning stocks with an evaluation program are allowed.

(2) In accordance with this operating principle, it is the objective of the Department to investigate introducing a run of late spawning fall chinook salmon.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0980 Coho Salmon

The following operating principle applies to the Coast Fork Willamette Subbasin: Coho salmon shall not be released into the Coast Fork Willamette Subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-0990 Angler Access

(1) The following operating principle applies to the Coast Fork Willamette Subbasin: The Department shall seek to provide public angling access to allow use of fish populations, provide a diversity of angling opportunities, and disperse angling effort.

(2) In accordance with this operating principle, it is the objective of the Department to increase access to public waters for angling.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1000 Willamette Coast Range Subbasin Fish Management — Habitat

It is the objective of the Department to:

(1) Provide necessary in-stream flows for fish production.

(2) Protect existing stream habitat from degradation associated with timber harvest, road construction, and related activities on forested watersheds.

(3) Protect existing stream habitat in lowland areas from degradation associated with agricultural, residential and commercial development, and other human activities.

(4) Improve the water quality of the subbasin.

(5) Provide adequate upstream and downstream passage for fish at water diversions, dams, and other artificial obstructions.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
DFW 110-2011, f. & cert. ef. 8-9-11
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1010 Winter Steelhead

(1) Policy and objectives for winter steelhead in Willamette Coast Range subbasins:

(2) Policy: Consistent with achieving the desired status for Upper Willamette River winter steelhead DPS identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600), the Coast Range subbasins shall be managed for production of wild winter steelhead.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
DFW 110-2011, f. & cert. ef. 8-9-11
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1020 Coho Salmon

(1) The following operating principle applies to coho salmon in the Willamette Coast Range subbasins:

(2) Maintain natural projection of coho salmon in the Willamete Coast Range subbasins consistent with achieving the desired staus for winter steelhead and sping Chinook populations identified in the Upper Willamete River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600).

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
DFW 110-2011, f. & cert. ef. 8-9-11
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1030 Fall Chinook Salmon

The following operating principle applies to the Coast Range Subbasin: There shall be no further releases of fall chinook salmon in the Coast Range Subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1040 Trout and Whitefish

(1) The following operating principles apply to the Coast Range subbasin:

(a) Cutthroat trout shall be given first and highest consideration when evaluating and setting priorities for management activities;

(b) Wild trout and whitefish shall be managed for natural production consistent with the Wild Fish Management Alternative for Trout. No hatchery trout or whitefish shall be released.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Maintain the genetic diversity and adaptiveness of wild trout populations;

(b) Protect, restore, and enhance wild trout and whitefish habitat;

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 72-1998, f. & cert. ef. 8-28-98
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1050 Warmwater Game Fish

(1) The following operating principle applies to the Coast Range Subbasin: Any management proposals for warmwater game fish shall be reviewed and evaluated for potential effects on indigenous fish species, especially cutthroat trout and Oregon chub.

(2) In accordance with this operating principle, it is the objective of the Department to:

(a) Maintain populations of warmwater game fishes in running waters;

(b) Provide a diversity of warmwater angling opportunities through basic yield management;

(c) Implement an evaluation of introducing channel catfish into the lower Yamhill River and carry out the introduction if the evaluation is positive;

(d) Increase public awareness of warmwater angling opportunities in the subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1060 Oregon Chub

It is the objective of the Department to:

(1) Protect and enhance existing populations of Oregon chub in the Coast Range Subbasin.

(2) Establish new populations of Oregon chub in isolated waters in the Coast Range Subbasin where possible.

(3) Promote greater public understanding and appreciation of the status of Oregon chub.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1070 Sand Rollers

It is the objective of the Department to:

(1) Determine the distribution, relative abundance, and habitat use of sand rollers in the Coast Range Subbasin.

(2) Protect, restore, and enhance sand rollers habitat.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1080 Crayfish

It is the objective of the Department to:

(1) Assess the population status and commercial harvest of crayfish in the Coast Range Subbasin.

(2) Determine the size and importance of the recreational crayfish harvest in the Coast Range Subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1090 Angler Access

(1) The following operating principles apply to the Coast Range Subbasin:

(a) The Department shall seek to provide access for boat and bank angling that will satisfy public need for a variety of angling opportunities and a dispersion of angling effort throughout the subbasin;

(b) Acquisition and development of angler access sites shall be consistent with guidelines and objectives for management of fish species and habitat.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Provide and maintain one (1) permanent boat access site on the Yamhill River, two permanent sites on the North Yamhill River, five permanent sites on the South Yamhill River, two permanent sites on Rickreall Creek, and two permanent sites on the Luckiamute River;

(b) Increase bank angling access in the Coast Range Subbasin where possible.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1100 Long Tom Subbasin Fish Management — Habitat

It is the objective of the Department to:

(1) Protect fish populations from impacts caused by land use activities.

(2) Restore and enhance riparian and in-stream fish habitats.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1110 Warmwater Game Fish

(1) The following operating principle applies to the Long Tom Subbasin: Any management proposals for warmwater game fish shall be reviewed and evaluated for potential effects on indigenous fish species.

(2) In accordance with this operating principle, it is the objective of the Department to:

(a) Protect and enhance existing warmwater game fish populations;

(b) Provide a diversity of warmwater angling opportunities;

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1120 Trout

(1) The following operating principle applies to the Long Tom Subbasin: Cutthroat trout shall be managed for natural production of wild populations consistent with the Wild Fish Management Policy. No hatchery trout shall be released.

(2) In accordance with this operating principle, it is the objective of the Department to:

(a) Protect and enhance the productivity of wild cutthroat trout populations;

(b) Provide self-sustaining fisheries for cutthroat trout.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1130 Coho Salmon

The following operating principle applies to the Long Tom subbasin: Coho salmon shall not be released into the Long Tom Subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1140 Angler Access

(1) The following operating principle applies to the Long Tom Subbasin: The Department shall seek to provide public angling access to allow use of the fish populations, provide a diversity of angling opportunities, and disperse angling effort.

(2) In accordance with this operating principle, it is the objective of the Department to increase access to public waters for angling.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1150 Mainstem Willamette Subbasin Fish Management — Habitat

(1)(a) The following operating principle applies to the Main Stem Willamette subbasin:

(b) Habitat protection shall be emphasized over habitat rehabilitation and enhancement.

(2) In accordance with this operating principle, it is the objective of the Department to:

(a) Maintain or improve upstream and downstream passage for fish at dams, water diversions, other obstacles, and existing passage facilities;

(b) Reduce delay, stranding, injury, and mortality of adult salmon and steelhead at Willamette Falls;

(d) Maintain high water quality;

(e) Protect riparian and in-stream habitat from degradation associated with agricultural, residential and commercial development, and other human activities;

(f) Develop subbasin specific knowledge that integrates fish distribution and abundance information, habitat characteristics and potential for improvement, and sensitive watershed areas into the Department's Habitat Database system;

(g) Minimize any impacts of Portland Harbor Development on fish passage and fish rearing;

(h) Meet the mainstem Willamette habitat needs identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600) for achieving the desired status for spring Chinook salmon and winter steelhead.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1160 Winter Steelhead

The following operating principles apply to the Main Stem Willamette subbasin:

(1) Escapement of late-run winter steelhead to tributary subbasins has priority over harvest in the main stem Willamette River;

(2) Increase the average annual run of indigenous, late-run (15 February–15 May) winter steelhead above Willamette Falls to levels needed to achieve desired status for independent populations in subbasins, as identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1170 Summer Steelhead

It is the objective of the Department to increase the recreational catch of summer steelhead above Willamette Falls to an average annual minimum of 500 fish.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1180 Spring Chinook Salmon

Objectives for spring chinook in the Mainstem Willamette River Basin are found in OAR 635-500-1664.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 16-1998, f. & cert. ef. 3-9-98
FWC 13-1997, f. 3-5-97, cert. ef. 3-11-97
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1190 Fall Chinook Salmon

(1) The following operating principle applies to the Main Stem Willamette Subbasin: Fall chinook salmon in the mainstem Willamette River shall be managed for natural production of existing populations.

(2) In accordance with this operating principle, it is the objective of the Department to provide optimal conditions for natural production and migration of fall chinook salmon in the Main Stem Willamette.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1200 Shad

(1) The following operating principle applies to the Main Stem Willamette Subbasin: Shad shall be managed for sport angling in the Willamette River.

(2) In accordance with this operating principle, it is the objective of the Department to:

(a) Increase public awareness of the sport angling opportunities for shad;

(b) Monitor the catch and angling effort of the sport fishery.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1210 Sturgeon

It is the objective of the Department to:

(1) Evaluate the population of white sturgeon in the upper Willamette River.

(2) Determine the impact of harvest on the abundance and long-term persistence of the sturgeon populations above Willamette Falls.

(3) Provide additional angling opportunities for sturgeon above Willamette Falls through the periodic release of hatchery sturgeon.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1220 Trout and Whitefish

(1) The following operating principle applies to the Main Stem Willamette Subbasin: No hatchery-produced resident trout shall be released in the mainstem Willamette River.

(2) In accordance with this operating principle, it is the objective of the Department to:

(a) Maintain the genetic diversity and adaptiveness of wild trout and whitefish populations;

(b) Protect and restore wild trout and whitefish habitat;

(c) Minimize the potentially negative effects of hatchery fish on the production and genetic integrity of wild trout and whitefish;

(d) Provide angling opportunities for trout and whitefish under the basic yield Management alternative for trout (Oregon Department of Fish and Wildlife 1987).

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1230 Warmwater Game Fish

(1) The following operating principle applies to the Main Stem Willamette Subbasin: Management proposals that initiate or expand hatchery programs for warmwater game fish or that alter the distribution of warmwater game fish shall be reviewed and evaluated for potential effects on indigenous species.

(2) In accordance with this operating principle, it is the objective of the Department to:

(a) Maintain populations of warmwater game fishes;

(b) Implement an evaluation of introducing channel catfish into the mainstem Willamette River and carry out the introduction if the evaluation is positive;

(c) Implement an evaluation of quality management of largemouth bass to provide angling diversity in selected mainstem Willamette River sloughs;

(d) Provide a diversity of warmwater angling opportunities for other species and in remaining reaches of the Willamette through basic yield management;

(e) Increase public awareness of warmwater angling opportunities in the subbasins;

(f) Work with the Health Division and Department of Environmental Quality on the issue of possible contamination of warmwater fishes in the lower Willamette River adjacent to sites of discharge of hazardous wastes.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1240 Oregon Chub

It is the objective of the Department to:

(1) Establish new populations of Oregon chub in isolated waters along the mainstem Willamette River where possible.

(2) Promote greater public understanding and appreciation of the status of Oregon chub.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1250 Sand Rollers

It is the objective of the Department to:

(1) Determine the distribution, relative abundance, and habitat use of sand rollers in the mainstem Willamette.

(2) Protect, restore, and enhance sand rollers habitat.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1260 Crayfish

It is the objective of the Department to:

(1) Assess the population status and commercial harvest of crayfish in the Willamette River.

(2) Determine the size and importance of the recreational crayfish harvest in the Willamette River.

(3) Raise concern with Department of Environmental Quality on the need for testing lower Willamette River crayfish for dioxin and other potential toxic substances and manage the fishery according to the findings.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1270 Angler Access

(1) The following operating principles apply to the Main Stem Willamette Subbasin:

(a) The Department shall seek to provide access for boat and bank angling that will satisfy public need for a variety of angling opportunities and a dispersion of angling effort along the Main Stem Willamette River;

(b) Acquisition and development of angler access sites shall be consistent with guidelines and objectives for management of fish species and habitat.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Provide and maintain 49 permanent boat access sites on the Main Stem Willamette River;

(b) Increase bank angling access along the Willamette River.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1280 Middle Fork Willamette Subbasin Fish Management — Habitat

Objectives for habitat management in the Middle Fork Willamette subbasin:

(a) Maintain and improve upstream and downstream passage for anadromous fish at dams, diversions, power projects, and, where appropriate, at natural barriers;

(b) Provide necessary in-stream flows for fish production;

(d) Reduce the impacts of reservoir management on fish production;

(e) Reduce other habitat impacts of Hills Creek, Lookout Point, Dexter and Fall Creek dams on production of spring Chinook in downstream reaches;

(f) Protect existing stream habitat from degradation associated with timber harvest and other related activities on forested lands;

(g) Protect existing stream habitat throughout the lower subbasin from degradation associated with agricultural, residential and commercial development, and other human activities;

(h) Restore and enhance riparian and in-stream fish habitats;

(i) Inventory streams and assess watershed characteristics that affect fish production.

(2) Promote habitat conditions for other species where they may be different than for spring Chinook.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1290 Spring Chinook Salmon

Policy and objectives for wild and hatchery spring Chinook above the mouth of the McKenzie River.

(1) Policy: Consistent with achieving the desired status for spring Chinook salmon identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600), the Middle Fork Willamette subbasin shall be managed for production of wild and hatchery spring Chinook.

(a) The areas above Fall Creek Dam will be managed for the production of wild spring Chinook;

(b) The areas below Fall Creek and Dexter dams will be managed for production of wild and hatchery spring Chinook;

(c) After a reintroduction program using hatchery spring Chinook, the area above Dexter Dam will be managed for the production of wild spring Chinook.

(2) Objectives:

(a) Achieve the desired status for spring Chinook salmon in the Middle Fork Willamette subbasin identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600);

(b) Achieve full mitigation for Willamette River spring Chinook populations reduced or extirpated due to dam construction and operations;

(d) Maintain the gene resources of Middle Fork Willamette spring Chinook;

(f) Other subbasins above the mouth of the McKenzie River shall be managed for hatchery production and natural production of spring Chinook;

(g) As consistent with desired status goals in the Recovery Plan, provide opportunity to catch 1,125 spring Chinook in the Willamette River basin above the mouth of the McKenzie River

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
DFW 16-1998, f. & cert. ef. 3-9-98
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1300 Summer Steelhead

(1) The following operating principle applies to the Middle Fork Willamette subbasin:

(a) Summer steelhead shall not be passed above Fall Creek or Dexter dams.

(b) Summer steelhead smolts shall be released into streams that have suitable adult holding habitat throughout the summer and where adults will provide optimum recreational opportunity;

(2) In accordance with this operating principle, it is the objective of the Department to:

(a) Provide diversity of angling opportunity with an annual sport catch of 2,250 summer steelhead in the subbasin;

(b) Minimize impact of summer steelhead on the production of native trout and spring Chinook.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1310 Winter Steelhead

(1) The following operating principle applies to the Middle Fork Willamette Subbasin: Winter steelhead shall be managed for natural and hatchery production.

(2) In accordance with this operating principle, it is the objective of the Department to:

(a) Increase the number of winter steelhead returning to the Middle Fork Subbasin to an annual average of 800 adults;

(b) Increase the catch of winter steelhead to 160 fish in the Middle Fork Subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1320 Trout and Whitefish

(1) The following operating principles apply to the Middle Fork Willamette Subbasin:

(a) Mountain Whitefish shall be managed for natural production;

(b) Trout shall be managed for natural and hatchery production.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Protect and enhance the production of wild cutthroat trout, rainbow trout and bull trout populations;

(b) Manage native trout and whitefish populations to provide a diversity of angling experiences including consumptive and nonconsumptive activities;

(c) Manage brook trout populations to provide self-sustaining fisheries in streams that they currently inhabit throughout the Middle Fork Subbasin where they do not pose a risk to native salmonids;

(d) Manage wild trout populations to provide self-sustaining fisheries in the Middle Fork Willamette River between Lookout Point Reservoir and Hills Creek Dam (RM 31–45.5) and the North Fork of the Middle Fork Willamette River consistent with the Wild Fish alternative of Oregon’s Trout Plan;

(e) Enhance angling recreation and opportunity by stocking legal-sized hatchery rainbow trout in selected streams consistent with the basic yield alternative of Oregon’s Trout Plan;

(f) Manage wild trout populations to provide self-sustaining fisheries in areas not designated for “Wild Fish” alternative (see subsection (d) of this section) or release of hatchery fish (see subsection (e) of this section) consistent with the basic yield alternative of Oregon’s Trout Plan.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1330 Oregon Chub

It is the objective of the Department to:

(1) Protect existing populations.

(2) Establish new populations.

(3) Increase public understanding of the status of Oregon chub and the factors that influence abundance.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1340 Warmwater Game Fish

(1) The following operating principle applies to the Middle Fork Willamette Subbasin: No introductions of warmwater game fish shall be permitted in streams of the subbasin.

(2) In accordance with this operating principle, it is the objective of the Department to:

(a) Minimize impacts of warmwater game fish on endemic fish species;

(b) Provide a diversity of warmwater angling opportunities.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1350 Fall Chinook Salmon

The following operating principle applies to the Middle Fork Willamette Subbasin: Fall chinook salmon shall not be released in the Middle Fork Willamette Subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1360 Angler Access

(1) The following operating principle applies to the Middle Fork Willamette Subbasin: The Department shall seek to provide public angling access to allow use of fish populations, provide a diversity of angling opportunities, and disperse angling effort.

(2) In accordance with this operating principle, it is the objective of the Department to increase access to public waters for angling.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1370 Molalla and Pudding Subbasins Fish Management — Habitat

Objectives for habitat management in the Molalla and Pudding subbasins:

(1) Promote habitat conditions that contribute to achieving the desired status of spring Chinook salmon and winter steelhead identified in the Upper Willamette Conservation and Recovery Plan for Chinook salmon and steelhead (OAR 635-500-6600). This includes, but is not limited to, the following actions:

(a) Maintain and improve upstream and downstream passage for anadromous fish at water diversions, dams, and where appropriate, at natural barriers;

(b) Provide necessary in-stream flows for fish production;

(d) Protect stream habitat from degradation associated with timber harvest, and other related activities on forested lands;

(e) Protect stream habitat throughout the lower subbasin from degradation associated with agricultural, residential and commercial development, and other human activities;

(f) Restore and enhance riparian and in-stream fish habitats;

(g) Inventory streams and assess watershed characteristics that affect fish production.

(2) Promote habitat conditions for other species where they may be different than for spring Chinook and winter steelhead.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1380 Winter Steelhead

Policy and objectives for winter steelhead in the Molalla and Pudding subbasins:

(1) Policy: Consistent with achieving the desired status for the Molalla population of winter steelhead identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600), the Molalla and Pudding River subbasins shall be managed for production of wild winter steelhead.

(2) Objectives:

(a) Achieve the desired status for the Molalla population of winter steelhead in the Molalla and Pudding River subbasins identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600);

(b) Maintain the genetic characteristics of the wild population;

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
DFW 72-1998, f. & cert. ef. 8-28-98
Reverted to FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
DFW 26-1998(Temp), f. & cert. ef. 3-25-98 thru 4-24-98
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1390 Summer Steelhead

Summer steelhead shall no longer be stocked in the Molalla and Pudding subbasins.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 72-1998, f. & cert. ef. 8-28-98
Reverted to FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
DFW 26-1998(Temp), f. & cert. ef. 3-25-98 thru 4-24-98
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1400 Coho Salmon

Maintain natural production of coho salmon in the Molalla and Pudding subbasins consistent with achieving the desired status for winter steelhead and spring Chinook populations identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1410 Spring Chinook Salmon

Policy and objectives for wild and hatchery spring Chinook in the Molalla and Pudding subbasins:

(1) Policy: Consistent with achieving the desired status for the Molalla population of spring Chinook salmon identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600), the Molalla and Pudding River subbasins shall be managed for production of wild and hatchery spring Chinook.

(2) Objectives:

(a) Achieve the desired status for the Molalla population of spring Chinook in the Molalla and Pudding River subbasins identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600);

(b) Monitor the status of spring Chinook in the Molalla and Pudding River subbasins;

(d) Manage genetic characteristics of hatchery fish to assure that hatchery populations do not pose a risk to wild populations, meet the management objectives for which they are produced, and maintain their optimum biological and economic value.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
DFW 16-1998, f. & cert. ef. 3-9-98
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1420 Fall Chinook Salmon

Fall Chinook salmon will not be released in the Molalla and Pudding subbasins unless an evaluation identifies the action will not pose significant risk to native fish populations.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1430 Trout and Whitefish

(1) The following operating principle applies to the Molalla and Pudding subbasins: Wild trout and whitefish shall be managed for natural production consistent with the Wild Fish Management Alternative for Trout. No hatchery trout or whitefish shall be released.

(2) In accordance with this operating principle, it is the objective of the Department to:

(a) Maintain the genetic diversity and adaptiveness of native trout and whitefish populations;

(b) Protect, restore, and enhance native trout and whitefish habitat;

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 72-1998, f. & cert. ef. 8-28-98
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1440 Warmwater Game Fish

(1) The following operating principle applies to the Molalla Pudding subbasins: Existing warmwater game fish populations will be managed consistent with achieving the desired status for the Molalla and Pudding River populations of winter steelhead and spring Chinook identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600).

(2) In accordance with this operating principle, it is the objective of the Department to:

(a) Promote angling opportunities on established warmwater game fish populations;

(b) Increase public awareness of warmwater angling opportunities in the subbasins.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1450 Sand Rollers

It is the objective of the Department to:

(1) Determine the distribution, relative abundance, and habitat use of sand rollers in the Molalla and Pudding Subbasins.

(2) Protect, restore, and enhance sand rollers habitat.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1460 Crayfish

It is the objective of the Department to assess the population status of crayfish in the Molalla and Pudding Subbasins.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1470 Angler Access

The following operating principles apply to the Molalla and Pudding subbasins:

(1) The Department shall seek to provide access for boat and bank angling that will satisfy public need for a variety of angling opportunities and a dispersion of angling effort throughout the subbasin;

(2) Acquisition and development of angler access sites shall be consistent with guidelines and objectives for management of fish species and habitat.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1480 Santiam and Calapooia Rivers Subbasins Fish Management — Habitat

Objective for habitat management in the North Santiam, South Santiam, and Calapooia subbasins:

(a) Maintain and improve upstream and downstream passage for anadromous fish at dams, diversions, power projects, and, where appropriate, at natural barriers;

(b) Provide necessary in-stream flows for fish production;

(d) Reduce the impacts of reservoir management on fish production;

(e) Reduce other habitat impacts of the Detroit/Big Cliff, and Foster/Green Peter Flood Control/Hydropower complexes on production of spring Chinook and winter steelhead in lower subbasin reaches;

(f) Protect existing stream habitat from degradation associated with timber harvest, road construction, and related activities on forested lands;

(g) Protect existing stream habitat throughout the lower subbasins from degradation associated with agricultural, residential and commercial development, and other human activities.

(h) Restore and enhance riparian and in-stream fish habitats;

(i) Inventory streams and assess watershed characteristics that affect fish production.

(2) Promote habitat conditions for other species where they may be different than for spring Chinook or winter steelhead.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1490 Winter Steelhead

Policy and objectives for winter steelhead in the North Santiam, South Santiam, and Calapooia subbasins:

(1) Policy: Consistent with achieving the desired status for these three populations of winter steelhead identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600), the subbasins shall be managed for production of wild winter steelhead.

(a) Winter steelhead shall be managed for natural production. No hatchery-produced winter steelhead shall be released;

(b) Native winter steelhead have priority over all other non-native stocks and species.

(2) Objectives for the North Santiam subbasin:

(a) Achieve the desired status for the North Santiam population of winter steelhead in the North Santiam subbasin identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600);

(b) The area above the Big Cliff/Detroit dam complex shall be managed for the production of wild winter steelhead;

(c) Increase wild production of winter steelhead throughout North Santiam River subbasin, including re-establishing winter steelhead runs above Detroit Reservoir;

(3) Objectives for the South Santiam subbasin:

(a) Achieve the desired status for the South Santiam population of winter steelhead in the South Santiam subbasin identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600);

(b) The area above Foster dam shall be managed for production of wild winter steelhead;

(c) Increase wild production of winter steelhead throughout the South Santiam River subbasin, including re-establishing winter steelhead runs above Foster Reservoir.

(4) Objectives for the Calapooia subbasin:

(a) Achieve the desired status for the Calapooia population of winter steelhead in the Calapooia subbasin identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600);

(b) Increase wild production of winter steelhead throughout the Calapooia River subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
DFW 72-1998, f. & cert. ef. 8-28-98
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1500 Summer Steelhead

(1) The following operating principles apply to the Santiam and Calapooia subbasins:

(a) Manage hatchery production of summer steelhead in the subbasins consistent with achieving the desired status for winter steelhead and spring Chinook populations identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600). Summer steelhead shall be managed for production and harvest of hatchery fish;

(b) Summer steelhead smolts shall be released into streams that have suitable adult holding habitat throughout the summer and where adults will provide optimum recreational opportunity;

(c) Summer steelhead in the North Santiam shall be released at or near Minto Hatchery to protect native winter steelhead production in the North Santiam subbasin. No summer steelhead shall be released into Little North Fork Santiam River;

(d) Summer steelhead in the South Santiam River shall be confined to releases at South Santiam Hatchery to protect native winter steelhead production in the upper and lower South Santiam;

(e) Only smolt-sized fish shall be released to minimize competition with native salmonids;

(f) Summer steelhead shall not be released in the Calapooia subbasin.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Continue to maximize harvest of adults in the Santiam subbasins;

(b) Minimize the potential impact of summer steelhead on native winter steelhead and trout;

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
DFW 72-1998, f. & cert. ef. 8-28-98
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1510 Coho Salmon

The following operating principle applies to the Santiam and Calapooia Subbasins: No further releases of coho salmon shall be made in the Santiam and Calapooia Subbasins.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1520 Spring Chinook Salmon

Policy and objectives for wild and hatchery spring Chinook in the North Santiam, South Santiam, and Calapooia subbasins:

(1) Policy: Consistent with achieving the desired status for these three populations of spring Chinook salmon identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600), the North Santiam and South Santiam subbasins shall be managed for production of wild and hatchery spring Chinook. The Calapooia subbasin will be managed for eventual re-establisment of a wild population.

(2) Objectives for the North Santiam subbasin:

(a) Achieve the desired status for the North Santiam population of spring Chinook in the North Santiam subbasin identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600);

(b) Monitor the status of the spring Chinook run in the North Santiam River subbasin;

(c) Achieve full mitigation for Willamette River spring Chinook populations reduced or extirpated due to dam construction and operations;

(d) The North Santiam River subbasin, except for the Little North Santiam River subbasin, shall be managed for wild and hatchery production of spring Chinook;

(e) The Little North Salmon River subbasin shall be managed for wild production of spring Chinook;

(f) After a reintroduction program using hatchery spring Chinook, the area above the Big Cliff/Detroit dam complex shall be managed for the production of wild spring Chinook;

(g) Increase wild and natural production of spring Chinook throughout North Santiam River subbasin, including re-establishing spring Chinook runs above Detroit Reservoir;

(h) Protect and improve upon the remaining genetic diversity of North Santiam spring Chinook;

(i) Manage hatchery fish genetic diversity to meet harvest management objectives, and to maintain their optimum biological and economic value;

(j) Manage the hatchery mitigation program in a manner to assist recovery of the wild population.

(3) Objectives for the South Santiam subbasin:

(a) Achieve the desired status for the South Santiam population of spring Chinook in the South Santiam subbasin identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600);

(b) Monitor the status of the spring Chinook run in the South Santiam River subbasin;

(c) Achieve full mitigation for Willamette River spring Chinook populations reduced or extirpated due to dam construction and operations;

(d) The South Santiam River subbasin shall be managed for natural and hatchery production of spring Chinook;

(e) Increase wild and natural production of spring Chinook throughout the South Santiam River subbasin, including re-establishing spring Chinook runs above Foster Reservoir;

(f) After a reintroduction program using hatchery spring Chinook, the area above Foster dam shall be managed for production of wild spring Chinook;

(g) Protect and improve upon the remaining genetic diversity of South Santiam spring Chinook;

(h) Manage hatchery fish genetic diversity to meet harvest management objectives, and to maintain their optimum biological and economic value;

(i) Manage the hatchery mitigation program in a manner to assist recovery of the wild population.

(4) Objectives for the Calapooia subbasin:

(a) Achieve the desired status for the Calapooia population of spring Chinook in the Calapooia subbasin identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600);

(b) Monitor the status of the spring Chinook run in the Calapooia River subbasin;

(d) Increase natural production of spring Chinook in the Calapooia River subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
DFW 16-1998, f. & cert. ef. 3-9-98
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1530 Fall Chinook Salmon

(1) The following operating principle applies to the Santiam and Calapooia Subbasins: Fall chinook salmon shall not be stocked above Stayton on the North Santiam to avoid impacts on native salmonids.

(2) In accordance with this operating principle, it is the objective of the Department to:

(a) Provide a harvest of fall chinook salmon in ocean and Columbia River fisheries;

(b) Provide an annual return of at least 4,000 adults to Mill Creek;

(d) Minimize impacts of fall chinook salmon on native species.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1540 Sockeye Salmon

The following operating principle applies to the Santiam and Calapooia Subbasins: No further releases of sockeye salmon shall be made in the Santiam Subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1550 Trout and Whitefish

(1) The following operating principles apply to the Santiam and Calapooia subbasins:

(a) Wild trout and whitefish in the Calappooia subbasin and unstocked portions of the Santiam subbasin shall be managed for natural production consistent with the Wild Fish Management Alternative for Trout;

(b) Releases of hatchery rainbow trout in the Santiam subbasin shall be confined to the following streams and reaches:

(A) RM 0–14.5 of the Breitenbush River;

(B) RM 58.5–77 of the North Santiam River;

(C) Quartzville Creek. Hatchery trout releases shall be discontinued in Quartzville Creek if winter steelhead are reintroduced above Green Peter Dam.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Maintain the genetic diversity and adaptiveness of trout and whitefish populations;

(b) Protect, restore, and enhance trout and whitefish habitat;

(c) Provide angling opportunities for trout and whitefish under the Wild Fish Management Alternative for Trout in the following streams and reaches:

(A) North and South forks of the Breitenbush River;

(B) Humbug and French creeks in the Breitenbush system;

(D) RM 0–46 of the North Santiam River;

(E) Santiam River;

(F) Calapooia River and tributaries.

(d) Provide additional angler opportunity and recreation by stocking legal-sized hatchery rainbow trout in the following streams and reaches:

(A) Breitenbush River;

(B) RM 58.5–77 of the North Santiam River;

(e) Provide angling opportunities for trout and whitefish in the Santiam and Calapooia subbasins;

(f) Maximize the harvest of hatchery rainbow trout;

(g) Minimize the potentially negative effects of hatchery rainbow trout on the production and genetic integrity of native trout, whitefish, and winter steelhead.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 72-1998, f. & cert. ef. 8-28-98
Reverted to FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
DFW 26-1998(Temp), f. & cert. ef. 3-25-98 thru 4-24-98
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1560 Warmwater Game Fish

(1) The following operating principle applies to the Santiam and Calapooia Subbasins: Management proposals that initiate or expand release programs for warmwater game fish or that alter the distribution of warmwater game fish shall be reviewed and evaluated for potential effects on indigenous fish species.

(2) In accordance with this operating principle, it is the objective of the Department to:

(a) Maintain populations of warmwater game fishes;

(b) Provide angling opportunities for smallmouth bass in Thomas Creek under quality fish management if feasible;

(c) Provide additional angling opportunities under quality fish management in the subbasins if feasible, such as for smallmouth bass in Thomas Creek;

(d) Provide a diversity of warmwater angling opportunities in remaining running waters of the subbasins through basic yield management;

(e) Increase public awareness of warmwater angling opportunities in the subbasins.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1570 Oregon Chub

It is the objective of the Department to:

(1) Protect and enhance existing populations of Oregon chub in the Santiam subbasin.

(2) Establish new populations of Oregon chub in isolated waters in the Santiam subbasin where possible.

(3) Promote greater public understanding and appreciation of the status of Oregon chub.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1580 Sand Rollers

It is the objective of the Department to:

(1) Determine the distribution, relative abundance, and habitat use of sand rollers in the Santiam and Calapooia Subbasins.

(2) Protect, restore, and enhance sand rollers habitat.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1590 Crayfish

It is the objective of the Department to:

(1) Assess the population status and commercial harvest of crayfish in the Santiam and Calapooia Subbasins.

(2) Determine the size and importance of the recreational crayfish harvest in the Santiam and Calapooia Subbasins.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1600 Angler Access

(1) The following operating principles apply to the Santiam and Calapooia Subbasins:

(b) Acquisition and development of angler access sites shall be consistent with guidelines and objectives for management of fish species and habitat.

(2) In accordance with these operating principles, it is the objective of the Department to:

(a) Provide and maintain two permanent boat access sites on the mainstem Santiam River, nine permanent sites on the North Santiam River from the mouth up to RM 44, four permanent sites on the South Santiam River from the mouth up to RM 33, and at least one permanent site on the Calapooia River;

(b) Increase bank angling access in the subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1610 Tualatin Subbasin Fish Management — Habitat

It is the objective of the Department to:

(1) Maintain and improve upstream and downstream passage for anadromous fish at dams, water diversions, other manmade obstacles, existing fishways and, where appropriate, at natural barriers.

(2) Protect existing streamflows and water quality from degradation associated with operation of dams, water diversions, effluents, mining, recreation and other in-stream activities.

(3) Inventory stream and watershed characteristics that affect fish production.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1620 Winter Steelhead

Policy and objectives for winter steelhead in Tualatin subbasin:

(1) Policy: Consistent with achieving the desired status for Upper Willamette River winter steelhead DPS identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600), the Tualatin subbasin shall be managed for production of wild winter steelhead.

(2) Wild winter steelhead shall be managed for natural production. No hatchery-produced winter steelhead, including STEP fry, shall be released.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
DFW 72-1998, f. & cert. ef. 8-28-98
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1630 Coho Salmon

The following operating principle applies to coho salmon in the Tualatin subbasin: Maintain natural production of coho salmon in the Tualatin subbasin consistent with achieving the desired status for winter steelhead and spring Chinook populations identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1640 Warmwater and Miscellaneous Fish

It is the objective of the Department to:

(1) Increase utilization of the existing warmwater fisheries in the Tualatin River.

(2) If, sensitive, threatened, or endangered nongame fishes are recognized in the Tualatin Subbasin, protection authority granted to the Department shall be used to protect their populations and habitats.

(3) Enhance warmwater fisheries in the Tualatin consistent with other species programs and species plans.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1650 Trout

(1) The following operating principle applies to the Tualatin Subbasin: No hatchery trout shall be stocked in streams designated for wild trout management.

(2) In accordance with this operating principle, it is the objective of the Department to:

(a) Maintain the genetic diversity and fitness of existing wild trout populations;

(b) Maintain the current trout angling opportunities, mainly a basic yield fishery on naturally produced trout;

(c) Inform the public through the media and Department publications of the values of wild trout and the protections needed to sustain wild production. Gain angler and citizen involvement in wild trout enhancement projects.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1660 Angler Access

(1) The following operating principle applies to the Tualatin Subbasin: The Department shall seek to provide access to allow the public to enjoy the subbasin’s fish populations, to provide a diversity of angling and viewing opportunities and to encourage a dispersion of angling effort.

(2) In accordance with this operating principle, it is the objective of the Department to increase access for bank and boat anglers, to publicly and privately controlled sites.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720
FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92

Or. Admin. R. 635-500-1661 McKenzie River Basin Operating Policy and Objectives

Management policies, objectives, and operating principles for spring Chinook in the Mckenzie River subbasin are under OAR 635-500-0271.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
DFW 16-1998, f. & cert. ef. 3-9-98

Or. Admin. R. 635-500-1662 Clackamas River Basin Operating Policy and Objectives

Management policies, objectives, and operating principles for spring Chinook in the Clackamas River subbasin are under OAR 635-500-0840.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
DFW 116-2010, f. & cert. ef. 8-10-10
DFW 16-1998, f. & cert. ef. 3-9-98

Or. Admin. R. 635-500-1663 Willamette River Basin Above the Mouth of the McKenzie River Operating Policy and Objectives

Management policies, objectives, and operating principles for spring Chinook in the area above the mouth of the McKenzie River are under OAR 635-500-1290.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
DFW 16-1998, f. & cert. ef. 3-9-98

Or. Admin. R. 635-500-1664 Mainstem Willamette River Basin Fish Management Plan

The following objectives of the Department apply to spring Chinook in the Mainstem Willamette River: Manage the escapement of wild spring Chinook into the Willamette River to meet the desired status of independent populations in Willamette River subbasins, as described in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600):

(1) Increase the average annual run size to 100,000 Willamette spring Chinook (adults and jacks) entering the Columbia River.

(2) The escapement goals for Willamette River hatchery origin spring Chinook are as follows:

(a) If the preseason forecasted Willamette hatchery spring Chinook run into the Columbia River is fewer than 40,000 hatchery fish, the escapement goal after fisheries is 23,000 hatchery fish with 20,000 fish passing Willamette Falls and 3,000 fish entering the Clackamas River.

(b) If the preseason forecasted Willamette hatchery spring Chinook run into the Columbia River is 40,000 to fewer than 50,000 hatchery fish, the escapement goal after fisheries is 25,300 hatchery fish with 22,000 fish passing Willamette Falls and 3,300 fish entering the Clackamas River.

(c) If the preseason forecasted Willamette hatchery spring Chinook run into the Columbia River is 50,000 to fewer than 60,000 hatchery fish, the escapement goal after fisheries is 27,600 hatchery fish with 24,000 fish passing Willamette Falls and 3,600 fish entering the Clackamas River.

(d) If the preseason forecasted Willamette hatchery spring Chinook run into the Columbia River is 60,000 to fewer than 70,000 hatchery fish, the escapement goal after fisheries is 30,500 hatchery fish with 26,500 fish passing Willamette Falls and 4,000 fish entering the Clackamas River.

(e) If the preseason forecasted Willamette hatchery spring Chinook run into the Columbia River is 70,000 to fewer than 80,000 hatchery fish, the escapement goal after fisheries is 33,400 hatchery fish with 29,000 fish passing Willamette Falls and 4,400 fish entering the Clackamas River.

(f) If the preseason forecasted Willamette hatchery spring Chinook run into the Columbia River is 80,000 to fewer than 90,000 hatchery fish, the escapement goal after fisheries is 36,900 hatchery fish with 32,000 fish passing Willamette Falls and 4,900 fish entering the Clackamas River.

(g) If the preseason forecasted Willamette hatchery spring Chinook run into the Columbia River is 90,000 to fewer than 100,000 hatchery fish, the escapement goal after fisheries is 40,400 hatchery fish with 35,000 fish passing Willamette Falls and 5,400 fish entering the Clackamas River.

(h) If the preseason forecasted Willamette hatchery spring Chinook run into the Columbia River is greater than 100,000 hatchery fish, the escapement goal after fisheries is 45,000 hatchery fish with 39,000 fish passing Willamette Falls and 6,000 fish entering the Clackamas River.

(3) The difference between the preseason forecast of Willamette River hatchery origin spring Chinook entering the Columbia River and the escapement goal is allowable catch to be allocated to the sport and commercial fisheries in the lower Columbia, lower Willamette, and Clackamas rivers as follows:

(a) If the preseason forecasted Willamette hatchery spring Chinook run into the Columbia River is fewer than 23,000 hatchery fish there is no allowable catch except sport and commercial fisheries may each take up to 1% of the run as incidental catch in non-Willamette spring Chinook target fisheries.

(b) If the preseason forecasted Willamette hatchery spring Chinook run into the Columbia River is 23,000 to fewer than 40,000 hatchery fish, the entire allowable catch is allocated to the sport fishery except the commercial fishery may take up to 1% of the run as incidental catch in non-Willamette spring Chinook target fisheries.

(c) If the preseason forecasted Willamette hatchery spring Chinook run into the Columbia River is 40,000 to fewer than 45,000 hatchery fish, the allowable catch is allocated 85% to the sport fishery and 15% to the commercial fishery.

(d) If the preseason forecasted Willamette hatchery spring Chinook run into the Columbia River is 45,000 to fewer than 50,000 hatchery fish, the allowable catch is allocated 80% to the sport fishery and 20% to the commercial fishery.

(e) If the preseason forecasted Willamette hatchery spring Chinook run into the Columbia River is 50,000 to fewer than 60,000 hatchery fish, the allowable catch is allocated 76% to the sport fishery and 24% to the commercial fishery.

(f) If the preseason forecasted Willamette hatchery spring Chinook run into the Columbia River is 60,000 to fewer than 75,000 hatchery fish, the allowable catch is allocated 73% to the sport fishery and 27% to the commercial fishery.

(g) If the preseason forecasted Willamette hatchery spring Chinook run into the Columbia River is greater than 75,000 hatchery fish, the allowable catch is allocated 70% to the sport fishery and 30% to the commercial fishery.

(4) In the mainstem above Willamette Falls up to the mouth of the McKenzie River, maintain the opportunity for recreational catch of spring Chinook salmon consistent with opportunity in the mainstem below Willamette Falls.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
DFW 120-2001, f. 12-24-01, cert. ef. 12-31-01
DFW 17-1999, f. & cert. ef. 3-11-99
DFW 16-1998, f. & cert. ef. 3-9-98

Or. Admin. R. 635-500-1665 Molalla and Pudding River Basins Fish Management Plan

Management policies, objectives, and operating principles for spring Chinook in the Molalla and Pudding River subbasins are under OAR 635-500-1410.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
DFW 16-1998, f. & cert. ef. 3-9-98

Or. Admin. R. 635-500-1666 Santiam and Calapooia River Basins Fish Management Plan

Management policies, objectives, and operating principles for spring Chinook in the Santiam and Calapooia River subbasins are under OAR 635-500-1520.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11
DFW 16-1998, f. & cert. ef. 3-9-98

Or. Admin. R. 635-500-1670 Lahontan Subbasins Fish Management — Applicability

OAR 635-500-1670 through 635-500-1730 apply to the Lahontan subbasins. The area covered by the plan consists of a series of closed basins in southeastern Harney and southwestern Malheur Counties. It includes streams that drain the eastside of the Steens and Pueblo Mountains and the Trout Creek Mountains (which includes Oregon Canyon Mountain), as well as other streams in Oregon that drain into the Quinn River in Nevada, and lakes and reservoirs managed for fishery resources. Thirteen fish species or stocks are found in the basin, of which eight are indigenous and five have special status.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129
FWC 79-1993, f. & cert. ef. 12-20-93

Or. Admin. R. 635-500-1680 Organization of Rules

Administrative rules for the Lahontan subbasins are organized as follows:

(1) OAR 635-500-1700 covers policies and objectives for habitat management in the Lahontan subbasins.

(2) OAR 635-500-1710 covers policies and objectives for trout management in the Lahontan subbasins.

(3) OAR 635-500-1720 covers policies and objectives for nongame fish management in the Lahontan subbasins.

(4) OAR 635-500-1730 covers policies and objectives for angler access in the Lahontan subbasins.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129
FWC 79-1993, f. & cert. ef. 12-20-93

Or. Admin. R. 635-500-1690 General Priorities

(1) The following actions are considered the highest plan priorities in the Lahontan subbasins:

(a) Improve and maintain populations of indigenous fishes with special status so that listing is not necessary to insure their continued existence;

(b) Provide consumptive fisheries in the basin where appropriate;

(2) The following actions are considered the highest priorities for habitat, fish and angler access in the Lahontan subbasins:

(a) Develop a priority list to gather baseline habitat information on streams in the plan areas, and coordinate fish population and habitat inventories with grazing allotment evaluations;

(b) Coordinate with land management entities (public and private) to identify specific areas of concern and develop cooperative projects to improve riparian habitats;

(d) Implement the U.S. Fish and Wildlife Service’s Lahontan cutthroat trout recovery plan;

(e) Develop a strategy to deal with illegal introductions of fish into the subbasins and draft a contingency plan for Lahontan cutthroat trout if exotic species are introduced;

(f) Develop guidelines for maintaining a healthy, genetically fit brood stock in Mann Lake;

(g) Collect information on the distribution, abundance, and population health of nongame species;

(h) Pursue coordination with the BLM on any recreational development in the plan area;

(i) Maintain and enhance public access opportunities to consumptive fisheries.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129
FWC 79-1993, f. & cert. ef. 12-20-93

Or. Admin. R. 635-500-1700 Habitat

(1) Existing statewide policy, applicable to fish habitat in the Lahontan subbasins, directs the department to strongly advocate and support habitat protection and restoration on private and public land. See OAR 635-007-0523.

(2) Management objectives for habitat are:

(a) Influence land management decisions to benefit fish habitat;

(b) Improve fish habitat to provide food and cover for fish, maintain late season flows, prevent erosion, and ameliorate temperature extremes;

(c) Improve water quantity and water quality to meet the biological needs of fish by providing adequate instream flows, reducing fish losses at diversions, and reducing nonpoint source pollution.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129
FWC 79-1993, f. & cert. ef. 12-20-93

Or. Admin. R. 635-500-1710 Trout

(1) Policies for trout in the Lahontan subbasins:

(a) Streams in the Coyote Lake subbasin shall be managed for natural production of Lahontan cutthroat trout consistent with the Wild Fish Management Alternative for trout as described in Oregon’s Trout Plan, OAR 635-500-0115(1). No fish except for progeny of Willow and Whitehorse cutthroat trout shall be stocked into the Coyote Lake subbasin except as consistent with the Lahontan cutthroat trout recovery plan under the Endangered Species Act or as identified in 635-007-0527(3);

(b) Streams in the Quinn River subbasin shall be managed for natural production of indigenous Lahontan cutthroat trout consistent with the Wild Fish Management Alternative for trout as described in Oregon’s Trout Plan, OAR 635-500-0115(1). Resident rainbow/cutthroat, brook, and brown trout in the Quinn River subbasin shall not be outplanted outside their current distribution, nor supplemented with hatchery or naturally produced fish. No hatchery trout shall be stocked into streams in the Quinn River subbasin except as consistent with the Lahontan cutthroat trout recovery plan under the Endangered Species Act or as identified in 635-007-0527(3);

(c) Streams on the east side of Pueblo and Steens Mountains shall be managed for natural production of Lahontan cutthroat trout consistent with the Wild Fish Management Alternative for trout as described in Oregon’s Trout Plan, OAR 635-500-0115(1). No attempt shall be made to establish populations in those streams that were not stocked with Lahontan cutthroat trout in the past. In the event trout populations are lost in streams identified in this policy, attempts will be made to establish populations of Lahontan cutthroat trout or other trout of the Lahontan complex (e.g., Trout Creek rainbow/cutthroat trout, Mann Lake cutthroat trout) in those streams where sufficient habitat exists;

(d) Streams in the Trout Creek drainage (Alvord Lake subbasin) shall be managed for natural production of resident rainbow/cutthroat trout consistent with the Wild Fish Management Alternative for trout as described in Oregon’s Trout Plan, OAR 635-500-0115(1). No hatchery trout shall be stocked into the Trout Creek drainage;

(e) Mann, Juniper, Tudor, Tencent, and Wildhorse Lakes shall be managed for hatchery fish consistent with the Featured Species Management Alternative for trout as described in Oregon’s Trout Plan, OAR 635-500-0115(2). Only the Mann Lake hatchery strain of cutthroat trout shall be stocked in these lakes. Mann Lake will continue to serve as the brood lake for this hatchery program;

(f) BLM stock reservoirs in the Lahontan subbasins shall be managed for hatchery production of rainbow trout consistent with the Basic Yield Management Alternative for trout as described in Oregon’s Trout Plan, OAR 635-500-0115(4).

(2) Objectives:

(a) Maintain and enhance genetic diversity, adaptiveness, and abundance of indigenous Lahontan cutthroat trout and resident rainbow/cutthroat trout in the Lahontan subbasins;

(b) Provide diverse angling opportunities for wild trout in the Lahontan subbasins;

(d) Provide a quality consumptive fishery on the Mann Lake strain of cutthroat trout in Mann, Juniper, Tudor, Tencent, and Wildhorse Lakes consistent with the department’s brood stock program;

(e) Provide a consumptive fishery on hatchery rainbow trout in selected BLM stock reservoirs.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129
FWC 79-1993, f. & cert. ef. 12-20-93

Or. Admin. R. 635-500-1720 Nongame Fish

(1) The policy for nongame fish in the Lahontan subbasins is that the following indigenous species and their respective waters shallbe managed to maintain self-sustaining populations: Borax Lake chub in Borax Lake; Alvord chub in the Alvord Lake subbasin, except for Borax Lake; and Lahontan redside, Tahoe sucker, mountain sucker, and speckled dace in the Quinn River subbasin.

(2) The objective for nongame fish in the Lahontan subbasins is to improve and maintain population health (e.g., abundance, multiple age classes, and genetic fitness) of all indigenous nongame species in the Alvord Lake and Quinn River subbasins.

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129
FWC 79-1993, f. & cert. ef. 12-20-93

Or. Admin. R. 635-500-1730 Angler Access

(1) The policy for angler access development in the Lahontan subbasins is to give full consideration to sensitive and special status species and their habitat.

(2) The objectives for angler access are:

(a) Maintain limited access to areas where special status species or their habitat may be affected;

(b) Define a strategy for public access in the Wildhorse Creek drainage;

History

Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129
FWC 79-1993, f. & cert. ef. 12-20-93

Or. Admin. R. 635-500-1800 Crooked and Metolius Rivers Subbasins Fish Management — Applicability

OAR 635-500-1800 through 635-500-1940 apply to the Crooked and Metolius Subbasins of the Deschutes River. These two rivers and their associated tributaries are located on the east side of the Cascade Mountains in central Oregon, primarily in Jefferson, Deschutes, and Crook Counties, although outlying waters are also located in Klamath, Wheeler, Grant, and Harney Counties.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96

Or. Admin. R. 635-500-1810 Organization of Rules

Administrative rules for the Crooked and Metolius subbasins reflect policies and objectives and are organized as follows:

(1) OAR 635-500-1820 public access, habitat, and fish management in the Metolius River and its tributaries.

(2) OAR 635-500-1830 fish management in Blue and Suttle Lakes in the Metolius subbasin.

(3) OAR 635-500-1840 fish management in the twenty-one Cascade Mountain Lakes in the Metolius subbasin.

(4) OAR 635-500-1850 habitat management and the restoration of anadromous fish in the Crooked River subbasin.

(5) OAR 635-500-1860 public access and fish management in the Crooked River and its tributaries above Prineville Reservoir.

(6) OAR 635-500-1870 habitat improvement and fish management in the Crooked River and its tributaries below Prineville Reservoir.

(7) OAR 635-500-1880 public access and fish management in Willow Creek.

(8) OAR 635-500-1890 public access and fish management in Prineville Reservoir.

(9) OAR 635-500-1900 public access, habitat improvement, and fish management in Ochoco Reservoir.

(10) OAR 635-500-1910 public access and fish management in Haystack Reservoir.

(11) OAR 635-500-1920 public access and fish management in Lake Billy Chinook.

(12) OAR 635-500-1930 public access and fish management in Lake Simtustus.

(13) OAR 635-500-1940 public access and fish management in small impoundments in the Crooked River subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96

Or. Admin. R. 635-500-1820 Metolius River and Tributaries

(1) The following policies apply for fish management in the Metolius River and its tributaries:

(a) Indigenous redband trout, kokanee salmon, mountain whitefish, and introduced brown and brook trout shall be managed for natural production consistent with Wild Fish Management Alternative for trout;

(b) No hatchery fish shall be stocked in the Metolius River and tributaries;

(2) The following objectives apply for fish management, habitat, and public access in the Metolius River and its tributaries:

(a) Maximize protection of genetic diversity, adaptiveness, and abundance of redband trout, kokanee, and mountain whitefish in the Metolius River and tributaries;

(b) Provide angling opportunities for a diverse fishery on naturally produced redband trout, brook trout, brown trout, kokanee salmon, and mountain whitefish;

(c) Develop a site and provide an opportunity for juveniles to angle for trout on a standing water body in the vicinity of Camp Sherman;

(d) Provide angling opportunities;

(e) Develop subbasin specific knowledge that integrates fish distribution and abundance information, habitat characteristics, habitat restoration opportunities, and sensitive watershed areas into the Department's Habitat Database system;

(f) Protect, enhance, and restore wild fish habitat in the Metolius River Basin;

(g) Maintain bank angler access to the Metolius River;

(h) Develop an education project in the Metolius Basin to inform the public about the benefits of natural ecosystem restoration and enhancement, including fish and habitat management.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
DFW 129-2003, f. & cert. ef. 12-15-03
FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96

Or. Admin. R. 635-500-1830 Blue and Suttle Lakes

(1) The following policies apply for fish management in Blue and Suttle Lakes:

(a) Kokanee, mountain whitefish and introduced brown trout and brook trout in Suttle Lake and Link Creek shall be managed for natural production consistent with the Basic Yield Management Alternative for trout;

(b) Rainbow trout in Blue Lake shall be managed for hatchery production consistent with the Basis Yield Management Alternative for trout. No other hatchery fish shall be stocked;

(2) The following objectives apply for fish management in Blue and Suttle Lakes:

(a) Maintain genetic diversity, adaptiveness, and abundance of kokanee, brown trout, brook trout, and mountain whitefish in Suttle Lake and Link Creek;

(b) Provide consumptive angling opportunities for naturally-reproducing kokanee, brown trout, and mountain whitefish in Suttle Lake;

(d) Protect fish rearing and spawning habitat in Suttle Lake, Link Creek and Blue Lake.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
DFW 129-2003, f. & cert. ef. 12-15-03
FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96

Or. Admin. R. 635-500-1840 Cascade Mountain Lakes

(1) The following policies apply for fish management in the Cascade Mountain Lakes:

(a) Cascade Mountain lakes in the Metolius River subbasin shall be managed for natural and hatchery production consistent with the Basic Yield management alternative for trout;

(b) Hatchery rainbow, brook, and cutthroat trout shall be stocked into the following lakes: Booth, Cabot, Cache, Carl, Dollamine, Four O’ Clock, George, Island, Koko, Link, Long, Martin, Meadow, Patsy, Peewee, Round, Shirley, Square, Table, Torso, and Wasco.

(2) The following objectives apply for fish management in the Cascade Mountain Lakes:

(a) Provide diverse angling opportunities for selected trout species in Cascade Mountain lakes of the Metolius River subbasin;

(b) Minimize the impacts of hatchery trout on the production and genetic integrity of wild trout in the Metolius River subbasin;

(c) Manage Cascade Mountain lakes fisheries consistent with wilderness management plans to be jointly developed with Deschutes National Forest personnel.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96

Or. Admin. R. 635-500-1850 Crooked River Subbasin

(1) The following policies apply for habitat management throughout the Crooked River Subbasin:

(a) Work cooperatively with public and private landowners to protect, restore and maintain habitats for natural production of native and introduced fishes in the Crooked River basin;

(b) Restore anadromous and migratory resident fish to their historic range in the Crooked River basin by improving upstream and downstream passage over artificial barriers;

(c) Reconnect isolated and fragmented populations of redband trout by restoring and improving passage over manmade barriers;

(d) Require passage over all proposed dams on fish bearing streams.

(2) The following objectives apply for habitat improvement in the Crooked River basin:

(a) Protect, restore, and enhance fish habitat in the Crooked River basin, Willow Creek, and reservoirs;

(b) Maintain or improve instream flow for fish production in the Crooked River and tributaries, and Willow Creek;

(d) Prevent fish losses at unscreened diversions and provide adequate upstream and downstream passage for fish at dams, culverts and other artificial obstructions in the Crooked River basin and Willow Creek;

(e) If passage is restored successfully over Pelton, Round Butte, and Opal Springs hydroelectric dams, evaluate passage over Ochoco and Bowman dams.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
DFW 129-2003, f. & cert. ef. 12-15-03
FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96

Or. Admin. R. 635-500-1860 Crooked River and its Tributaries Above Prineville Reservoir

(1) The following policies apply for fish management in the upper Crooked River:

(a) Redband trout in the Crooked River and tributaries above Prineville Reservoir shall be managed for natural production consistent with the Wild Fish Management Alternative for trout;

(b) Naturalized brook and brown trout in the Crooked River and tributaries above Prineville Reservoir shall be managed for natural production consistent with the Basic Yield Alternative for trout;

(c) The South Fork Crooked River above Prineville Reservoir shall be managed for natural and hatchery production consistent with the Featured Species Fish Management Alternative for trout;

(d) Releases of hatchery rainbow trout in the South Fork Crooked River shall be confined from RM 0 to RM 22;

(e) Smallmouth bass and brown bullhead shall be managed for natural production consistent with the Basic Yield Alternative for warmwater fish. Hatchery warmwater species shall not be stocked.

(2) The following objectives apply for public access and fish management in the upper Crooked River:

(a) Protect the genetic diversity, adaptiveness and abundance of redband trout in the Crooked River and tributaries above Prineville Reservoir;

(b) Provide angling opportunities for wild trout in the mainstem Crooked River, North Fork Crooked River, Beaver, Bear and Sanford creeks and tributaries;

(c) Provide angling opportunities for smallmouth bass and brown bullhead, in the mainstem Crooked River and tributaries where populations of these fish currently exist;

(d) Provide harvest and angling opportunities for quality size hatchery rainbow trout in a semi-remote setting along South Fork Crooked River;

(e) Provide additional angling access and angling opportunities along the Crooked River and tributaries above Prineville Reservoir.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96

Or. Admin. R. 635-500-1870 Crooked River and its Tributaries Below Prineville Reservoir

(1) The following policies apply for fish management in the lower Crooked River:

(a) Redband trout and mountain whitefish in Crooked River and tributaries below Prineville Reservoir (except Ochoco Creek and a portion of the Crooked River downstream of Opal Springs) shall be managed for natural production consistent with the Wild Fish Management Alternative for trout;

(b) No hatchery fish shall be stocked in the mainstem Crooked River between Bowman Dam and Opal Springs, McKay Creek, and Ochoco Creek above Ochoco Reservoir;

(c) Rainbow trout in Ochoco Creek shall be managed for hatchery and natural production, consistent with the Basic Yield Management Alternative for trout. Rainbow trout in a stretch of the Crooked River below Opal Springs shall be managed for hatchery and natural production consistent with the Basic Yield Management Alternative for trout pending an evaluation of the impacts of the hatchery program on wild fish. After the completion of this evaluation, this section may be managed for natural production consistent with the Wild Fish Management Alternative for trout. Mountain whitefish shall be managed for natural production consistent with the Wild Fish Management Alternative for trout;

(d) Releases of hatchery rainbow trout in Ochoco Creek shall be confined from RM 3 to RM 5, and in the mainstem Crooked River shall be confined from RM 7 to RM 6;

(e) Smallmouth bass shall be managed for natural production consistent with the Basic Yield Alternative for warmwater fish. Hatchery warmwater fish species shall not be stocked in the mainstem Crooked River and tributaries below Prineville Reservoir.

(2) The following objectives apply for fish management and habitat improvement in the lower Crooked River:

(a) Protect or enhance genetic diversity, adaptiveness, and abundance of redband trout in the Crooked River and tributaries below Prineville Reservoir;

(b) Provide angling opportunities for redband trout, mountain whitefish and introduced rainbow trout in the mainstem Crooked River and tributaries below Prineville Reservoir;

(c) Provide harvest and angling opportunities for naturally produced and hatchery supplemented rainbow trout in Ochoco Creek through the City of Prineville;

(d) Provide angling opportunities for smallmouth bass, largemouth bass, and brown bullhead in the mainstem Crooked River below Prineville Reservoir where populations of these fishes currently exist at a low abundance;

(e) Maintain or improve instream flows for fish production in the lower Crooked River below Bowman Dam from uncontracted storage in Prineville Reservoir;

(f) Improve water quality in lower Crooked River below Prineville Reservoir, specifically for nitrogen supersaturation during high water runoff and sewage releases from the City of Prineville treatment plant. Improve water quality in Ochoco Creek, specifically for elevated levels of mercury;

(g) Provide additional public boat and bank angling access.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96

Or. Admin. R. 635-500-1880 Willow Creek

(1) The following policies apply for fish management in Willow Creek:

(a) Redband trout in Willow Creek and tributaries shall be managed for natural production consistent with the Wild Fish Management Alternative for trout;

(b) No hatchery trout shall be stocked in Willow Creek and tributaries.

(2) The following objectives apply for fish management and public access in Willow Creek:

(a) Protect or enhance the genetic diversity, adaptiveness and abundance of indigenous redband trout in Willow Creek and tributaries;

(b) Provide angling opportunities for redband trout in Willow Creek and tributaries;

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96

Or. Admin. R. 635-500-1890 Prineville Reservoir

(1) The following policies apply for fish management in Prineville Reservoir:

(a) Rainbow trout shall be managed for hatchery production consistent with the Basic Yield Management Alternative for trout;

(b) Smallmouth bass and largemouth bass shall be managed for natural production consistent with the Quality Fish Management Alternative for warmwater fish;

(c) Brown bullhead and black crappie shall be managed for natural production consistent with the Basic Yield Management Alternative for warm-water fish.

(2) The following objectives apply for fish management and public access in Prineville Reservoir:

(a) Provide diverse angling opportunities for a consumptive fishery on hatchery rainbow trout;

(b) Provide angling opportunities for quality size smallmouth and largemouth bass in Prineville Reservoir;

(d) Provide better boat and shoreline access at Prineville Reservoir during low water conditions.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96

Or. Admin. R. 635-500-1900 Ochoco Reservoir

(1) The following policies apply for fish management in Ochoco Reservoir:

(a) Rainbow trout shall be managed for hatchery production consistent with the Basic Yield Management Alternative for trout;

(b) Warmwater species including brown bullhead shall be managed for natural production consistent with the Basic Yield Alternative;

(2) The following objectives apply for fish management, habitat improvement, and public access in Ochoco Reservoir:

(a) Provide angling opportunities for a consumptive fishery on hatchery rainbow trout;

(b) Provide angling opportunities for brown bullhead in Ochoco Reservoir where populations currently exist in low abundance;

(d) Provide better boat access at Ochoco Reservoir during low water conditions.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96

Or. Admin. R. 635-500-1910 Haystack Reservoir

(1) The following policies apply for fish management in Haystack Reservoir:

(a) Rainbow and brown trout and kokanee shall be managed for hatchery production consistent with the Basic Yield Management Alternative for trout;

(b) Warmwater fish including largemouth bass, bluegill, black crappie, and brown bullhead shall be managed for natural and hatchery production consistent with the Basic Yield Management Alternative;

(c) The Department shall examine the feasibility of stocking a warmwater fish species that has the potential to diversify angling opportunities, such as channel catfish or hybrid bass.

(2) The following objectives apply for fish management and public access in Haystack Reservoir:

(a) Provide diverse angling opportunities for a consumptive fishery on hatchery rainbow and brown trout, and kokanee;

(b) Provide angling opportunities for warmwater species including largemouth bass, black crappie, bluegill and brown bullhead in Haystack Reservoir;

(c) Examine the feasibility of stocking channel catfish or hybrid bass bass to diversify angling opportunities for warmwater fish not currently available in central Oregon;

(d) Provide better boat access at Haystack Reservoir during low water conditions. Facilitate cooperation between angling boaters and other water sports users.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96

Or. Admin. R. 635-500-1920 Lake Billy Chinook

(1) The following policies apply for fish management at Lake Billy Chinook:

(a) Redband trout, brown trout, and mountain whitefish shall be managed for natural production consistent with the Basic Yield Management Alternative for trout;

(b) Kokanee salmon shall be managed for natural production consistent with the Intensive Use Management Alternative for trout;

(c) Smallmouth and largemouth bass, black crappie and bluegill shall be managed for natural production consistent with the Basic Yield Management Alternative for warmwater fish;

(d) Crayfish shall be managed for natural production and Basic Yield.

(2) The following objectives apply for fish management and public access at Lake Billy Chinook:

(a) Protect or enhancegenetic diversity, adaptiveness and abundance of indigenous kokanee, redband trout, whitefish, and introduced brown trout in Lake Billy Chinook;

(b) Provide angling opportunities for a consumptive fishery on naturally produced kokanee, redband, and brown trout;

(d) Provide better boat access at Lake Billy Chinook during low water conditions and peak use periods;

(e) Provide tribal, recreational, and commercial fisheries for crayfish in Lake Billy Chinook.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
DFW 129-2003, f. & cert. ef. 12-15-03
FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96

Or. Admin. R. 635-500-1930 Lake Simtustus

(1) The following policies apply for fish management at Lake Simtustus:

(a) Kokanee salmon shall be managed for natural and hatchery production consistent with the Basic Yield Management Alternative for trout;

(b) Rainbow trout and summer steelhead shall be managed for hatchery production consistent with the Basic Yield Management Alternative for trout;

(2) The following objectives apply for fish management and public access at Lake Simtustus:

(a) Provide angling opportunities for consumptive fisheries on naturally and hatchery produced kokanee, hatchery produced rainbow trout and hatchery produced summer steelhead juveniles;

(b) Prevent the movement of non-indigenous trout or of trout that pose a genetic risk to Deschutes River rainbow trout downstream from Lake Simtustus into the lower Deschutes River;

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
DFW 129-2003, f. & cert. ef. 12-15-03
FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96

Or. Admin. R. 635-500-1940 Small Impoundments in the Crooked River Subbasin

(1) The following policies apply for fish management of small impoundments of Crooked River Subbasin:

(a) Walton Lake and Antelope Flat Reservoir shall be stocked with hatchery rainbow trout and managed for hatchery production consistent with the Basic Yield Management Alternative for trout;

(b) Redband and introduced brook trout in Allen Creek Reservoir shall be managed for natural production consistent with the Wild Fish Management Alternative. No hatchery trout shall be stocked in Allen Creek Reservoir;

(c) Largemouth bass, redear sunfish, and brown bullhead in Reynolds Pond shall be managed for natural production consistent with the Basic Yield Alternative for warmwater fish.

(2) The following objectives apply for fish management and public access at small impoundments in the Crooked River Subbasin:

(a) Protect and maintain the genetic diversity, adaptiveness and abundance of redband trout and introduced brook trout in Allen Creek Reservoir;

(b) Provide angling opportunities for redband and introduced brook trout in Allen Creek Reservoir;

(c) Provide angling opportunities for consumptive fisheries on hatchery rainbow trout in Walton Lake and Antelope Flat Reservoir;

(d) Provide angling opportunities for largemouth bass, redear sunfish, and brown bullhead in Reynolds Pond where populations of these fish currently exist;

(e) Improve vehicle access at Allen Creek Reservoir and improve boat access at Allen Creek and Antelope Flat reservoirs during low water conditions.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96

Or. Admin. R. 635-500-2000 Lower Deschutes River Fish Management — Applicability

OAR 635-500-2000 through 635-500-3070 apply to the Lower Deschutes River Subbasin of the Deschutes River. The lower Deschutes River Subbasin is defined as the Deschutes River from the Pelton Reregulating Dam downstream to the Columbia River and all waters within that drainage area. The Confederated Tribes of the Warm Springs Reservation of Oregon is the modern-day successor to the seven bands of Wasco and Sahaptin speaking Indians of the mid-Columbia area whose representatives were signatories to treaties which established fishing rights within areas of the Lower Deschutes River Subbasin. It is the intention of the Department of Fish and Wildlife to work cooperatively with the CTWS to implement these rules and to co-manage the fisheries of the Lower Deschutes subbasin for the benefit of the CTWS and the public.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96

Or. Admin. R. 635-500-2010 Organization of rules

Administrative rules for the lower Deschutes River Subbasin are organized as follows:

(1) OAR 635-500-2020 covers policies and objectives for habitat protection and restoration management in the lower Deschutes River and its tributaries.

(2) OAR 635-500-2030 covers policies and objectives for fish management in Cascade Mountain Lakes in the lower Deschutes River Subbasin.

(3) OAR 635-500-2040 covers policies and objectives for fish management in the small ponds with public access in the lower Deschutes River Subbasin.

(4) OAR 635-500-2050 covers policies and objectives for fish management in Badger Lake in the high lakes and reservoirs of the lower Deschutes River Subbasin.

(5) OAR 635-500-2060 covers policies and objectives for fish management in Clear Lake in the high lakes and reservoirs of the lower Deschutes River Subbasin.

(6) OAR 635-500-2070 covers policies and objectives for fish management in Frog Lake in the high lakes and reservoirs of the lower Deschutes River Subbasin.

(7) OAR 635-500-2080 covers policies and objectives for fish management in Olallie Lake in the high lakes and reservoirs of the lower Deschutes River Subbasin.

(8) OAR 635-500-2090 covers policies and objectives for fish management in Pine Hollow Reservoir in the high lakes and reservoirs of the lower Deschutes River Subbasin.

(9) OAR 635-500-3000 covers policies and objectives for fish management in Rock Creek Reservoir in the high lakes and reservoirs of the lower Deschutes River Subbasin.

(10) OAR 635-500-3010 covers policies and objectives for trout, whitefish, and miscellaneous species fish management in the lower Deschutes River Subbasin.

(11) OAR 635-500-3020 covers policies and objectives for indigenous species fish management in the lower Deschutes River Subbasin.

(12) OAR 635-500-3030 covers policies and objectives for summer steelhead management in the lower Deschutes River Subbasin.

(13) OAR 635-500-3040 covers policies and objectives for spring chinook salmon management in the lower Deschutes River Subbasin.

(14) OAR 635-500-3050 covers policies and objectives for fall chinook salmon management in the lower Deschutes River Subbasin.

(15) OAR 635-500-3060 covers policies and objectives for warmwater gamefish management in the lower Deschutes River Subbasin.

(16) OAR 635-500-3070 covers policies and objectives for public access to waters in the lower Deschutes River Subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96

Or. Admin. R. 635-500-2020 Habitat Management

Policies and objectives for habitat management in the lower Deschutes River Subbasin.

(1) Policies for habitat management throughout the lower Deschutes River Subbasin are: Habitat protection and restoration shall be given priority over supplementation to reach natural fish production goals.

(2) The objectives for habitat improvement in the lower Deschutes River Subbasin are:

(a) Improve the quality and quantity of aquatic and riparian habitat;

(b) Establish and maintain instream water rights on all streams in the lower Deschutes River Subbasin which exhibit fish and wildlife values;

(d) Maintain or improve water quality in the lower Deschutes River and tributaries;

(e) Improve fish passage at manmade barriers within the lower Deschutes River Subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96

Or. Admin. R. 635-500-2030 Cascade Mountain Lakes

Policies and objectives for fish management in the Cascade Mountain Lakes of the lower Deschutes River Subbasin.

(1) Policies for fish management in the Cascade Mountain Lakes:

(a) Cascade Mountain lakes addressed in the lower Deschutes River Subbasin shall be managed for natural and hatchery production consistent with the Basic Yield (OAR 635-500-0115(4)) or Featured Species (635-500-0115(2)) management alternative for trout;

(b) Hatchery rainbow, cutthroat and/or brook trout shall be periodically stocked into the lakes listed.

(2) Objectives for fish management in the Cascade Mountain Lakes:

(a) Provide diverse angling opportunities for trout in the Cascade Mountain lakes in the lower Deschutes River Subbasin;

(b) Minimize the impacts of hatchery trout on the production and genetic integrity of adjacent populations of wild trout;

(c) Manage Cascade Mountain lake fisheries consistent with management plans developed jointly with the United States Forestry Service and the Confederated Tribes of the Warm Springs Reservation.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96

Or. Admin. R. 635-500-2040 Small Ponds With Public Access

Policies and objectives for fish management in small ponds with public access in the lower Deschutes River Subbasin.

(1) Policies for fish management in small ponds with public access:

(a) Small ponds with public access containing warmwater gamefish shall be managed for warmwater fish consistent with the basic yield management alternative for warmwater fish (OAR 635-500-0055(1)(d));

(b) Small ponds with public access containing trout shall be managed for hatchery production of trout consistent with the basic yield alternative for trout (OAR 635-500-0115(4));

(c) To protect native species and desired introduced species, other fish, including but not limited to, non-indigenous salmonids, smallmouth bass, spotted bass, yellow perch, channel catfish and all other members of the catfish family, muskellunge, walleye, northern pike, striped bass, hybrid bass, and koi shall not be approved for use in public or private waters covered by this plan;

(d) Only rainbow trout, largemouth bass, bluegill and black crappie from sources approved by the Oregon Department of Fish and Wildlife may be considered for introductions into private ponds in the lower Deschutes River Subbasin.

(2) Objectives for fish management in small ponds with public access: Provide angler opportunity for a consumptive fishery by stocking legal-sized or fingerling rainbow trout or warmwater gamefish in the ponds listed for the lower Deschutes River Subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96

Or. Admin. R. 635-500-2050 Badger Lake

Policies and objectives for fish management in Badger Lake in the lower Deschutes River Subbasin.

(1) Policies for fish management in Badger Lake:

(a) Brook trout shall be managed for natural production consistent with the Basic Yield Management Alternative for trout (OAR 635-500-0115(4)). No hatchery brook trout shall be stocked;

(b) Rainbow trout shall be managed for hatchery production consistent with the Basic Yield Management Alternative for trout (OAR 635-500-0115(4)).

(2) Objectives for fish management in Badger Lake:

(a) Provide a diverse, consumptive angling opportunity for hatchery rainbow trout and naturally produced brook trout;

(b) Minimize impacts of hatchery trout stocked in Badger Lake on the production and genetic integrity of downstream populations of wild redband trout in Badger Creek and the White River system;

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96

Or. Admin. R. 635-500-2060 Clear Lake

Policies and objectives for fish management in Clear Lake in the lower Deschutes River Subbasin.

(1) Policies for fish management in Clear Lake:

(a) Legal-sized rainbow trout shall be managed for hatchery production consistent with the intensive use management alternative for trout (OAR 635-500-0115(5));

(b) Hatchery brood rainbow trout shall also be managed for hatchery production consistent with the trophy fish management alternative for trout (OAR 635-500-0115(3));

(c) Brook trout shall be managed for natural production consistent with the Basic Yield Management Alternative for trout (OAR 635-500-0115(4)). No hatchery brook trout shall be stocked.

(2) Objectives for fish management in Clear Lake:

(a) Provide a diverse, consumptive angling opportunity for hatchery rainbow trout and naturally produced brook trout;

(b) Minimize impacts of hatchery trout stocked in Clear Lake on the production and genetic integrity of downstream populations of wild redband trout in Clear Creek and the White River system;

(d) Minimize annual lake level fluctuations associated with irrigation drawdown at Clear Lake;

(e) Provide additional or improved boat access at Clear Lake during low water conditions.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96

Or. Admin. R. 635-500-2070 Frog Lake

Policies and objectives for fish management in Frog Lake in the lower Deschutes River Subbasin.

(1) Policies for fish management in Frog Lake:

(a) Legal-sized rainbow trout shall be managed for hatchery production consistent with the intensive use management alternative (OAR 635-500-0115(5));

(b) Hatchery brood rainbow trout shall also be managed for hatchery production consistent with the trophy fish management alternative (OAR 635-500-0115(3)).

(2) Objectives for fish management in Frog Lake:

(a) Provide a diverse, consumptive angling opportunity for hatchery produced fish;

(b) Minimize impacts of hatchery trout stocked in Frog Lake on the production and genetic integrity of downstream populations of wild redband trout in Frog Creek and the White River system.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96

Or. Admin. R. 635-500-2080 Olallie Lake

Policies and objectives for fish management in Olallie Lake in the lower Deschutes River Subbasin.

(1) Policies for fish management in Olallie Lake:

(a) Legal-sized rainbow trout shall be managed for hatchery production consistent with the intensive use management alternative (OAR 635-500-0115(5));

(b) Brood rainbow trout shall also be managed for hatchery production consistent with the trophy fish management alternative (OAR 635-500-0115(3)).

(2) Objectives for fish management in Olallie Lake:

(a) Provide a diverse, consumptive angling opportunity for hatchery produced fish;

(b) Minimize impacts of hatchery trout stocked in Olallie Lake on the production and genetic integrity of downstream populations of wild redband trout in the Warm Springs and lower Deschutes Rivers.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96

Or. Admin. R. 635-500-2090 Pine Hollow Reservoir

Policies and objectives for fish management in Pine Hollow Reservoir in the lower Deschutes River Subbasin.

(1) Policies for fish management in Pine Hollow Reservoir:

(a) Fingerling and legal-sized rainbow trout shall be managed for hatchery production consistent with the Basic Yield Management Alternative (OAR 635-500-0115(4));

(b) Illegally introduced largemouth bass, brown bullhead, and green sunfish shall be managed for natural production consistent with the Basic Yield Management Alternative for warmwater fish (OAR 635-500-0055(1)(d));

(2) Objectives for fish management in Pine Hollow Reservoir:

(a) Provide diverse, consumptive angling opportunity for hatchery trout and warmwater game fish;

(b) Minimize impacts of hatchery trout stocked in Pine Hollow Reservoir on the production and genetic integrity of downstream populations of wild redband trout in the White River system and lower Deschutes River.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96

Or. Admin. R. 635-500-3000 Rock Creek Reservoir

Policies and objectives for fish management in Rock Creek Reservoir in the lower Deschutes River Subbasin.

(1) Policies for fish management in Rock Creek Reservoir:

(a) Fingerling, legal-sized, and surplus brood rainbow trout shall be managed for hatchery production consistent with the Basic Yield Management Alternative (OAR 635-500-0115(4));

(b) Illegally introduced largemouth bass, brown bullhead and bluegill shall be managed for natural production consistent with the Basic Yield Management Alternative for warmwater game fish (OAR 635-500-0055(1)(d));

(2) Objectives for fish management in Rock Creek Reservoir:

(a) Provide a diverse, consumptive angling opportunity for hatchery trout and warmwater game fish;

(b) Minimize impacts of hatchery trout stocked in Rock Creek Reservoir on the production and genetic integrity of wild redband trout populations above and below the reservoir;

(d) Minimize annual lake level fluctuations associated with irrigation drawdown at Rock Creek Reservoir;

(e) Provide additional or improved boat access at Rock Creek Reservoir during low water conditions.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96

Or. Admin. R. 635-500-3010 Trout, Whitefish and Miscellaneous Species in Flowing Waters

Policies and objectives for trout, whitefish and miscellaneous species in flowing waters fish management in the lower Deschutes River Subbasin.

(1) Policies for trout, whitefish and miscellaneous species in flowing waters fish management in the lower Deschutes River Subbasin: Wild rainbow and bull trout, whitefish and introduced brook trout shall be managed for natural production consistent with the Wild Fish alternative of Oregon’s Trout Plan. No hatchery trout or whitefish shall be stocked in the lower Deschutes River and tributaries.

(2) Objectives for trout, whitefish and miscellaneous species in flowing waters fish management in the lower Deschutes River Subbasin:

(a) Maintain the genetic diversity, adaptiveness, and abundance of the wild indigenous rainbow trout, bull trout, and mountain whitefish in the lower Deschutes River and in the tributaries of the lower Deschutes River;

(b) Provide the opportunity for consumptive harvest of wild trout in the lower Deschutes River Subbasin;

(c) Maintain a population of rainbow trout of 1,500 to 2,500 fish per mile larger than 8 inches in length in the lower Deschutes River from Pelton Reregulating Dam to Sherars Falls. Maintain a population of rainbow trout of 750 to 1,000 fish per mile larger than 8 inches in length in the lower Deschutes River below Sherars Falls;

(d) Maintain a population size distribution in the lower Deschutes River such that 30% of the population (fish > 8 inches in length) is larger than 12 inches in length, as measured at the Jones study section, the Nena Creek study section and in a study section upstream from White Horse Rapids;

(e) Releases of hatchery reared salmonids into Lake Simtustus shall not impact indeginous species in the lower Deschutes River downstream from the Reregulating Dam.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96

Or. Admin. R. 635-500-3020 Indigenous Species

Policies and objectives for indigenous species fish management in the lower Deschutes River Subbasin.

(1) Policies for indigenous species fish management in the lower Deschutes River Subbasin: Manage all indigenous species of fish in the lower Deschutes River and its tributaries to sustain the tribal cultural and subsistence needs, while providing the structural, functional and biological requirements to insure ecosystem viability.

(2) Objectives for indigenous species fish management in the lower Deschutes River Subbasin: Protect populations of all indigenous species of fish in the lower Deschutes River Subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96

Or. Admin. R. 635-500-3030 Summer Steelhead

Policies and objectives for summer steelhead fish management in the lower Deschutes River Subbasin.

(1) Policies for summer steelhead fish management in the lower Deschutes River Subbasin:

(a) Hatchery reared summer steelhead shall continue to be released in the lower Deschutes River Subbasin;

(b) Angler induced hooking mortality of wild lower Deschutes River summer steelhead shall be reduced or eliminated when estimated escapement levels of 1,000 wild summer steelhead or less over Sherars Falls occur for three consecutive years.

(2) Objectives for summer steelhead fish management in the lower Deschutes River Subbasin:

(a) Maintain an estimated escapement of 6,575 wild adults over Sherars Falls annually;

(b) Provide a recreational fishery based on wild summer steelhead, out-of-Subbasin stray hatchery summer steelhead and lower Deschutes River origin hatchery summer steelhead returns.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96

Or. Admin. R. 635-500-3040 Spring Chinook Salmon

Policies and objectives for spring chinook salmon fish management in the lower Deschutes River Subbasin.

(1) Policies for spring chinook salmon fish management in the lower Deschutes River Subbasin: The lower Deschutes River Subbasin shall be managed for wild and hatchery spring chinook salmon.

(2) Objectives for spring chinook salmon fish management in the lower Deschutes River Subbasin:

(a) Achieve a spawning escapement level between an optimum of 1,300 and a minimum of 1,000 adult wild spring chinook salmon above the barrier dam at Warm Springs National Fish Hatchery;

(b) Provide the opportunity to harvest wild spring chinook salmon when returns are greater than the optimum wild adult spawning escapement of 1,300 adults and Round Butte Hatchery and Warm Springs National Hatchery origin spring chinook salmon that are excess to brood stock needs;

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96

Or. Admin. R. 635-500-3050 Fall Chinook Salmon

Policies and objectives for fall chinook salmon fish management in the lower Deschutes River Subbasin.

(1) Policies for fall chinook salmon fish management in the lower Deschutes River Subbasin: No hatchery fall chinook salmon shall be released into the lower Deschutes River and its tributaries.

(2) Objectives for fall chinook salmon fish management in the lower Deschutes River Subbasin:

(a) Achieve a minimum annual spawning escapement of 4,000 adult fall chinook in the lower Deschutes River of which 2,000 adult fall chinook return above Sherars Falls;

(b) Provide the opportunity to harvest wild fall chinook when the return is greater than the minimum spawning escapement objective of 3,000 adults.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96

Or. Admin. R. 635-500-3060 Warmwater Gamefish

Policies and objectives for warmwater gamefish management in the lower Deschutes River Subbasin.

(1) Policies for warmwater gamefish management in the lower Deschutes River Subbasin:

(a) Warmwater fish in the lower Deschutes River Subbasin shall be managed for natural production consistent with the Basin Yield Management Alternative for warmwater fish (OAR 635-500-0055(1)(d));

(b) Largemouth bass, bluegill and black crappie are the only species of warmwater fish that shall be considered for introductions in small ponds within the Subbasin;

(c) To protect native species and desired introductions, such as largemouth bass, bluegill and black crappie, other species of exotic fish, including but not limited to smallmouth bass, spotted bass, yellow perch, channel catfish and all other members of the catfish family, walleye, northern pike, striped bass, muskellunge, hybrid bass, koi and grass carp shall not be approved for new introductions in public or private ponds in the lower Deschutes River Subbasin.

(2) Objectives for warmwater gamefish management in the lower Deschutes River Subbasin:

(a) Promote warmwater fisheries as a recreational alternative in isolated waters in the lower Deschutes River Subbasin in locations that do not harm indigenous species;

(b) Minimize illegal introductions of undesirable warmwater species into the lower Deschutes River Subbasin;

(d) Maintain or develop public access at water bodies managed for warmwater fisheries.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96

Or. Admin. R. 635-500-3070 Public Access

Policies and objectives for public access management in the lower Deschutes River Subbasin.

(1) Policies for public access management in the lower Deschutes River Subbasin:

(a) The Oregon Department of Fish and Wildlife (ODFW) shall recognize other resource and recreation plans in effect in the lower Deschutes River Subbasin. ODFW shall work cooperatively with other agencies to maintain or increase boat access and shoreline angler access that will satisfy public need for a variety of angling opportunities and a dispersion of angling effort throughout the Subbasin;

(b) Acquisition and development of angler access sites shall be consistent with the guidelines and objectives for management of fish and their habitat;

(d) ODFW shall pursue possible easements or land purchases to create new public access at key sites throughout the planning area, on a willing seller-willing buyer basis.

(2) Objectives for public access management in the lower Deschutes River Subbasin:

(a) Improve the distribution of people angling on the lower Deschutes River by supporting other agencies in the development of new parking areas and the improvement of designated launch sites and foot trails;

(b) ODFW shall continue to work with other agencies and landowners to both maintain existing public access sites and to develop new ones;

(d) ODFW shall work with other agencies and private landowners to develop new reservoirs or ponds, or public access to existing reservoirs and ponds for additional public angling opportunity.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96

Or. Admin. R. 635-500-3100 Upper Deschutes River Fish Management — Applicability

OAR 635-500-3100 through 635-500-3300 apply to the Upper Deschutes River Subbasin of the Deschutes River. The Upper Deschutes River Subbasin is defined as the Deschutes River and its tributaries from Lake Billy Chinook (River Mile 120) to the headwaters of the river at Little Lava Lake (River Mile 252), natural lakes, and impoundments, located in Deschutes and Klamath Counties. The Crooked and Metolius Rivers, while they are a part of the Upper Deschutes Subbasin, have been treated separately for purposes of fish management, and are addressed by OARs 635-500-1800 through 635-500-1940.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3110 Organization of Rules

Administrative rules for the upper Deschutes River Subbasin are organized as follows:

(1) OAR 635-500-3120 covers policies and objectives for fish management in the Deschutes River from Bend (North Canal Dam) to Lake Billy Chinook including the tributaries Tumalo and Squaw Creeks of the upper Deschutes River Subbasin.

(2) OAR 635-500-3130 covers policies and objectives for fish management in the Deschutes River from Wickiup Dam to Bend (North Canal Dam) including the tributaries Fall and Spring Rivers of the upper Deschutes River Subbasin.

(3) OAR 635-500-3140 covers policies and objectives for fish management in Wickiup Reservoir and Tributaries including the Deschutes River up to Crane Prairie Dam of the upper Deschutes River Subbasin.

(4) OAR 635-500-3150 covers policies and objectives for fish management in Crane Prairie Reservoir and Tributaries including the Deschutes River up to Little Lava Lake of the upper Deschutes River Subbasin.

(5) OAR 635-500-3160 covers policies and objectives for fish management in Little Deschutes River and Tributaries of the upper Deschutes River Subbasin.

(6) OAR 635-500-3170 covers policies and objectives for fish management in Crescent Lake of the upper Deschutes River Subbasin.

(7) OAR 635-500-3180 covers policies and objectives for fish management in Summit Lake of the upper Deschutes River Subbasin.

(8) OAR 635-500-3190 covers policies and objectives for fish management in East Lake of the upper Deschutes River Subbasin.

(9) OAR 635-500-3200 covers policies and objectives for fish management in Paulina Lake of the upper Deschutes River Subbasin.

(10) OAR 635-500-3210 covers policies and objectives for fish management in Paulina Creek of the upper Deschutes River Subbasin.

(11) OAR 635-500-3220 covers policies and objectives for fish management in Davis Lake of the upper Deschutes River Subbasin.

(12) OAR 635-500-3230 covers policies and objectives for fish management in Odell Lake of the upper Deschutes River Subbasin.

(13) OAR 635-500-3240 covers policies and objectives for fish management in Odell, Ranger, and Maklaks Creeks of the upper Deschutes River Subbasin.

(14) OAR 635-500-3250 covers policies and objectives for fish management in Lava Lake and Little Lava Lake of the upper Deschutes River Subbasin.

(15) OAR 635-500-3260 covers policies and objectives for fish management in Cultus Lake of the upper Deschutes River Subbasin.

(16) OAR 635-500-3270 covers policies and objectives for fish management in Little Cultus Lake of the upper Deschutes River Subbasin.

(17) OAR 635-500-3280 covers policies and objectives for fish management in Century Drive Lakes Isolated from the Deschutes River (Sparks, Devils, Elk, Hosmer, North Twin, and South Twin Lakes) of the upper Deschutes River Subbasin.

(18) OAR 635-500-3290 covers policies and objectives for fish management in Cascade Mountain lakes of the upper Deschutes River Subbasin.

(19) OAR 635-500-3300 covers policies and objectives for fish management in Miscellaneous Waters (Three Creeks Lake, Little Three Creeks Lake, Shevlin Pond, Century Pond, Sprague Pit Pond, Firemens Pond) of the upper Deschutes River Subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3120 Deschutes River from Bend (North Canal Dam) to Lake Billy Chinook Including the Tributaries Tumalo and Squaw Creeks

Policies and objectives for fish management in Deschutes River from Bend (North Canal Dam) to Lake Billy Chinook including the tributaries Tumalo and Squaw Creeks of the upper Deschutes River Subbasin.

(1) Policies for fish management in Deschutes River from Bend (North Canal Dam) to Lake Billy Chinook including the tributaries Tumalo and Squaw Creeks:

(a) Redband trout and introduced brown trout shall be managed for natural production consistent with the Featured Species Management Alternative for trout. No hatchery trout shall be stocked in the Deschutes River or its tributaries from Bend to Lake Billy Chinook;

(b) Mountain whitefish shall be managed for natural production consistent with the Wild Fish Management Alternative for trout;

(2) Objectives for fish management in Deschutes River from Bend (North Canal Dam) to Lake Billy Chinook including the tributaries Tumalo and Squaw Creeks:

(a) Maintain genetic diversity, adaptiveness, and abundance of redband trout, mountain whitefish, brown trout, and brook trout;

(b) Provide diverse angling opportunities for a fishery on redband trout, mountain whitefish, brown trout, kokanee, and brook trout;

(d) Maintain and improve access.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 129-2003, f. & cert. ef. 12-15-03
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3130 Deschutes River from Wickiup Dam to Bend (North Canal Dam) including the Tributaries Fall and Spring Rivers

Policies and objectives for fish management in Deschutes River from Wickiup Dam to Bend (North Canal Dam) including the tributaries Fall and Spring Rivers of the upper Deschutes River Subbasin.

(1) Policies for fish management in Deschutes River from Wickiup Dam to Bend (North Canal Dam) including the tributaries Fall and Spring Rivers:

(a) Mountain whitefish shall be managed for natural production consistent with the Featured Species Management Alternative for trout;

(b) Rainbow and redband trout shall be managed for natural and hatchery production consistent with the Featured Species Management Alternative for trout;

(c) Brown trout shall be managed for natural production consistent with the Featured Species management alternative for trout;

(d) Kokanee and brook trout shall be managed for natural production consistent with the Basic Yield Management Alternative for trout.

(2) Objectives for fish management in Deschutes River from Wickiup Dam to Bend (North Canal Dam) including the tributaries Fall and Spring Rivers:

(a) Maintain genetic diversity, adaptiveness, and abundance of redband trout and mountain whitefish;

(b) Provide diverse angling opportunities for a non-consumptive fishery on redband trout and a consumptive fishery on hatchery rainbow trout, mountain whitefish and naturally-produced brown trout, kokanee, and brook trout above Benham Falls, including Fall River and Spring rivers; provide a consumptive fishery for redband and brown trout, kokanee, and mountain whitefish below Benham Falls;

(d) Maintain and improve access to the Deschutes between Wickiup Dam and Bend, Fall River, and Spring River by boat and bank anglers.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3140 Wickiup Reservoir and Tributaries including the Deschutes River up to Crane Prairie Dam

Policies and objectives for fish management in Wickiup Reservoir and Tributaries including the Deschutes River up to Crane Prairie Dam of the upper Deschutes River Subbasin.

(1) Policies for fish management in Wickiup Reservoir and Tributaries including the Deschutes River up to Crane Prairie Dam:

(a) Brown trout shall be managed for natural and hatchery production consistent with the Trophy Fish Management Alternative for trout;

(b) Kokanee, and mountain whitefish shall be managed for natural production consistent with the Basic Yield Management Alternative for trout. No hatchery kokanee or mountain whitefish shall be stocked;

(d) Brook trout shall not be stocked in Wickiup Reservoir and its tributaries;

(e) Redband and rainbow trout shall be managed for natural production consistent with the Featured Species Alternative for trout. No hatchery rainbow trout shall be stocked.

(2) Objectives for fish management in Wickiup Reservoir and Tributaries including the Deschutes River up to Crane Prairie Dam:

(a) Maintain the genetic diversity, adaptiveness, and abundance of indigenous redband trout, mountain whitefish and naturally produced brown trout;

(b) Provide a trophy fishery for naturally produced brown trout as measured by the proportion of fish examined in the creel over 20 inches in Wickiup Reservoir and its tributaries;

(c) Provide diverse angling opportunities for a consumptive and/or non-consumptive fishery on naturally producing mountain whitefish, brown trout, rainbow trout, coho, and kokanee. Provide viewing opportunities for spawning fish;

(d) Protect, enhance, and restore trout and whitefish habitat in Wickiup Reservoir and its tributaries;

(e) Work with the land managers and irrigation districts to maintain and improve public access;

(f) Determine the feasibility and desirability of restoring bull trout in Wickiup Reservoir and its tributaries.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3150 Crane Prairie Reservoir and Tributaries including the Deschutes River up to Little Lava Lake

Policies and objectives for fish management in Crane Prairie Reservoir and Tributaries including the Deschutes River up to Little Lava Lake of the upper Deschutes River Subbasin.

(1) Policies for fish management in Crane Prairie Reservoir and Tributaries including the Deschutes River up to Little Lava Lake:

(a) Rainbow and redband trout shall be managed for natural and hatchery production consistent with the Featured Species Fish Management Alternative for trout. Hatchery rainbow trout shall be stocked annually into Crane Prairie Reservoir;

(b) Mountain whitefish, brook trout, and kokanee shall be managed for natural and hatchery production consistent with the Basic Yield Management Alternative for trout. Hatchery brook trout and kokanee shall be stocked periodically into Crane Prairie Reservoir;

(c) Largemouth bass shall be managed for natural production consistent with the Basic Yield Management Alternative for warmwater fish;

(d) All other warmwater game fish introduced into Crane Prairie Reservoir shall be managed for natural production consistent with the High Yield Alternative for warmwater fish.

(2) Objectives for fish management in Crane Prairie Reservoir and Tributaries including the Deschutes River up to Little Lava Lake:

(a) Maintain genetic diversity, adaptiveness, and abundance of redband trout and whitefish in Crane Prairie Reservoir;

(b) Provide a consumptive and nonconsumptive, featured species fishery for larger than average sized naturally produced redband and hatchery produced rainbow trout;

(c) Provide diverse angling opportunities for a consumptive and nonconsumptive fishery on naturally and hatchery produced kokanee and brook trout, and naturally produced whitefish in Crane Prairie Reservoir and tributaries;

(d) Maintain the bass fishery in Crane Prairie Reservoir to provide diverse warmwater angling opportunities in Central Oregon;

(e) Protect, enhance, and restore trout and whitefish rearing and spawning habitat in Crane Prairie Reservoir and tributaries;

(f) Provide adequate upstream and downstream passage for fish at road culverts and other artificial obstructions in streams above Crane Prairie Reservoir;

(g) Provide better boat access at Crane Prairie Reservoir;

(h) Determine the feasibility and desirability of restoring bull trout in Crane Prairie Reservoir and its tributaries.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3160 Little Deschutes River and Tributaries

Policies and objectives for fish management in Little Deschutes River and Tributaries of the upper Deschutes River Subbasin.

(1) Policies for fish management in Little Deschutes River and Tributaries:

(a) Mountain whitefish and redband trout shall be managed for natural production under the Wild Fish Management Alternative for trout;

(b) Brown and brook trout shall be managed for natural production under the Basic Yield Management Alternative for trout;

(2) Objectives for fish management in Little Deschutes River and Tributaries:

(a) Maintain the genetic diversity, adaptiveness, and abundance of redband trout, mountain whitefish and introduced brown and brook trout in the Little Deschutes River drainage;

(b) Provide diverse angling opportunities for wild trout and whitefish in the Little Deschutes River and tributaries;

(d) Maintain or improve flow for fish production in the Little Deschutes River and tributaries;

(e) Improve the water quality of the Little Deschutes River and tributaries;

(f) Prevent fish losses at unscreened diversions in the Little Deschutes River and tributaries;

(g) Provide adequate upstream and downstream passage for fish at dams, road culverts, and other artificial obstructions;

(h) Provide additional public boat and bank access from Highway 58 downstream to the mouth;

(i) Determine if it is feasible to restore bull trout in the Little Deschutes River and tributaries.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3170 Crescent Lake

Policies and objectives for fish management in Crescent Lake of the upper Deschutes River Subbasin.

(1) Policies for fish management in Crescent Lake:

(a) Mountain whitefish shall be managed for natural production; redband trout, introduced kokanee salmon, rainbow and brown trout shall be managed for natural and hatchery production. All of these species shall be managed consistent with the Basic Yield Management Alternative for trout. No hatchery reared whitefish shall be stocked;

(b) Introduced lake trout shall be managed for natural production consistent with the Trophy Fish Management Alternative for trout. No hatchery reared lake trout shall be stocked.

(2) Objectives for fish management in Crescent Lake:

(a) Maintain genetic diversity, adaptiveness and abundance of wild mountain whitefish in Crescent Lake;

(b) Provide for a consumptive fishery on naturally and hatchery produced kokanee, redband, brown and rainbow trout, and mountain whitefish;

(d) Prevent losses of fish at Crescent Lake outlet structure;

(e) Provide additional boat access at Crescent Lake for use during low water conditions;

(f) Protect, restore, and enhance trout and whitefish habitat at Crescent Lake.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3180 Summit Lake

Policies and objectives for fish management in Summit Lake of the upper Deschutes River Subbasin.

(1) Policies for fish management in Summit Lake:

(a) Summit Lake shall be managed for natural production of lake trout and mountain whitefish under the Basic Yield Management Alternative in the Trout Plan;

(b) Hatchery reared brook and rainbow trout shall be stocked in Summit Lake and managed under the Basic Yield Management Alternative in the Trout Plan;

(2) Objectives for fish management in Summit Lake: Provide consumptive angling opportunities for naturally produced lake trout and mountain whitefish and stocked brook and rainbow trout.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3190 East Lake

Policies and objectives for fish management in East Lake of the upper Deschutes River Subbasin.

(1) Policies for fish management in East Lake:

(a) East Lake brown trout shall be managed for hatchery production consistent with the Trophy Fish Management Alternative for trout;

(b) Hatchery brook trout shall no longer be stocked in East Lake;

(c) Rainbow trout, kokanee and Atlantic salmon shall be managed for hatchery production consistent with the Basic Yield Management Alternative for trout;

(d) Investigate the feasibility of stocking tiger trout in East Lake.

(2) Objectives for fish management in East Lake:

(a) Maintain the genetic diversity, adaptiveness, and abundance of rainbow and brown trout, kokanee and Atlantic salmon in East Lake;

(b) Provide diverse angling opportunities for selected fish species in East Lake;

(d) Investigate the feasibility of stocking tiger trout in East Lake.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3200 Paulina Lake

Policies and objectives for fish management in Paulina Lake of the upper Deschutes River Subbasin.

(1) Policies for fish management in Paulina Lake:

(a) Brown trout and kokanee shall be managed for hatchery production consistent with the Trophy Fish Management Alternative for trout;

(b) Rainbow trout shall be managed for hatchery production consistent with the Basic Yield Management Alternative for trout;

(c) Crayfish shall be managed as a recreational fishery for natural production. The commercial crayfish fishery shall be discontinued.

(2) Objectives for fish management in Paulina Lake:

(a) Maintain the genetic diversity, adaptiveness, and abundance of rainbow trout, brown trout and kokanee in Paulina Lake;

(b) Provide diverse angling opportunities for selected trout species in Paulina Lake;

(d) Provide a recreational fishery for crayfish in Paulina Lake.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3210 Paulina Creek

Policies and objectives for fish management in Paulina Creek of the upper Deschutes River Subbasin.

(1) Policies for fish management in Paulina Creek: Paulina Creek shall be managed for hatchery rainbow and brown trout which emigrate from Paulina Lake and a naturally reproducing brook trout population consistent with the Basic Yield Management Alternative for trout.

(2) Objectives for fish management in Paulina Creek:

(a) Provide angling opportunities for a variety of trout species in Paulina Creek;

(b) Protect and enhance fish habitat in Paulina Creek.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3220 Davis Lake

Policies and objectives for fish management in Davis Lake of the upper Deschutes River Subbasin.

(1) Policies for fish management in Davis Lake:

(a) Davis Lake shall be managed for natural and hatchery production of redband and rainbow trout consistent with the Trophy Fish Management Alternative for trout;

(b) Atlantic salmon shall no longer be stocked in Davis Lake.

(2) Objectives for fish management in Davis Lake:

(a) Maintain genetic diversity, adaptiveness, and abundance of redband trout and mountain whitefish;

(b) Provide a trophy fishery for redband and rainbow trout at Davis Lake;

(d) Protect fish rearing and spawning habitat in Davis Lake;

(e) Improve access to Davis Lake;

(f) Restore a resident population of bull trout in Davis Lake.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3230 Odell Lake

Policies and objectives for fish management in Odell Lake of the upper Deschutes River Subbasin.

(1) Policies for fish management in Odell Lake:

(a) No hatchery fish shall be stocked in Odell Lake or its tributaries;

(b) Mountain whitefish, kokanee and redband trout shall be managed for natural production consistent with the Basic Yield Management Alternative for trout;

(d) Bull trout shall be managed for natural production consistent with the Wild Fish Management Alternative for trout.

(2) Objectives for fish management in Odell Lake:

(a) Maintain the genetic diversity, adaptiveness and abundance of wild bull trout in Odell Lake;

(b) Maintain genetic diversity, adaptiveness and abundance of mountain whitefish, kokanee and redband trout in Odell Lake while providing consumptive fisheries on these species;

(d) Protect and improve trout and whitefish habitat in Odell Lake and tributaries.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3240 Odell, Ranger and Maklaks Creeks

Policies and objectives for fish management in Odell, Ranger, and Maklaks Creeks of the upper Deschutes River Subbasin.

(1) Policies for fish management in Odell, Ranger, and Maklaks Creeks:

(a) Redband trout, mountain whitefish, and brook trout shall be managed for natural production consistent with the Featured Species Alternative for trout;

(b) Bull trout shall be managed for natural production consistent with the Wild Fish Management Alternative for trout.

(2) Objectives for fish management in Odell, Ranger, and Maklaks Creeks:

(a) Maintain genetic diversity, adaptiveness, and abundance of redband trout, mountain whitefish, brook trout, and bull trout;

(b) Provide a basic fishery for redband trout, bull trout, brook trout, and mountain whitefish in Davis Lake tributaries;

(d) Restore a resident population of bull trout in Odell Creek.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3250 Lava Lake and Little Lava Lake

Policies and objectives for fish management in Lava Lake and Little Lava Lake of the upper Deschutes River Subbasin.

(1) Policies for fish management in Lava Lake and Little Lava Lake:

(a) Rainbow trout in Lava Lake shall be managed for hatchery production consistent with the Basic Yield Fish Management Alternative for trout. Hatchery brook trout shall no longer be stocked in Lava Lake;

(b) Redband and rainbow trout in Little Lava Lake shall be managed for natural and hatchery production consistent with the Basic Yield Management Alternative for trout. Hatchery brook trout shall no longer be stocked in Little Lava Lake;

(c) Mountain whitefish in Little Lava Lake shall be managed for natural production consistent with the Wild Fish Management Alternative for trout.

(2) Objectives for fish management in Lava Lake and Little Lava Lake:

(a) Maintain the genetic diversity, adaptiveness, and abundance of redband trout and mountain whitefish in Little Lava Lake;

(b) Provide recreational angling opportunities for rainbow trout in Lava Lake, and diverse angling opportunities for redband, rainbow and brook trout as well as whitefish in Little Lava Lake;

(d) Determine the feasibility and desirability of restoring bull trout in Little Lava Lake;

(e) Maintain and improve access to Lava and Little Lava lakes.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3260 Cultus Lake

Policies and objectives for fish management in Cultus Lake of the upper Deschutes River Subbasin.

(1) Policies for fish management in Cultus Lake:

(a) Lake trout shall be managed for natural production consistent with the Featured Species Management Alternative trout;

(b) Redband and rainbow trout shall be managed for natural and hatchery production consistent with the Basic Yield Management Alternative for trout;

(c) Mountain whitefish shall be managed for natural production consistent with the Featured Species Fish Management Alternative for trout;

(d) Brook trout shall be managed for natural production consistent with the Basic Yield Alternative for trout;

(e) Crayfish shall be managed as a recreational fishery.

(2) Objectives for fish management in Cultus Lake:

(a) Maintain the genetic diversity, adaptiveness, and abundance of indigenous redband trout and mountain whitefish in Cultus Lake;

(b) Provide diverse angling opportunities for redband and rainbow trout and mountain whitefish in Cultus Lake;

(d) Provide a recreational fishery for crayfish in Cultus Lake;

(e) Maintain and improve access to Cultus Lake.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3270 Little Cultus Lake

Policies and objectives for fish management in Little Cultus Lake of the upper Deschutes River Subbasin.

(1) Policies for fish management in Little Cultus Lake:

(a) Redband trout shall be managed for natural production consistent with the Basic Yield Management Alternative for trout;

(b) Brook trout shall be managed for natural production consistent with the Basic Yield Management Alternative for trout. Brook trout shall no longer be stocked in Little Cultus Lake.

(2) Objectives for fish management in Little Cultus Lake:

(a) Maintain the genetic diversity, adaptiveness and abundance of redband trout in Little Cultus Lake;

(b) Provide angling opportunities for redband and brook trout in Little Cultus Lake;

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3280 Century Drive Lakes Isolated from the Deschutes River (Sparks, Devils, Elk, Hosmer, North Twin, and South Twin Lakes)

Policies and objectives for fish management in Century Drive Lakes Isolated from the Deschutes River (Sparks, Devils, Elk, Hosmer, North Twin, and South Twin Lakes) of the upper Deschutes River Subbasin.

(1) Policies for fish management in Century Drive Lakes Isolated from the Deschutes River (Sparks, Devils, Elk, Hosmer, North Twin, and South Twin Lakes):

(a) Hosmer Lake shall be managed for hatchery produced Atlantic salmon consistent with the Featured Species Management Alternative for trout. Discontinue the stocking of brook trout. (Hostmer) Lake will switch to hatchery produced rainbow trout consistent with the Featured Species Management Alternative if the Atlantic salmon egg take ever fails;

(b) Sparks Lake, Devils Lake, Elk Lake, and North and South Twin Lakes shall be managed as follows:

(A) Sparks Lake shall be managed for naturally produced brook trout consistent with the Basic Yield Management Alternative for trout. Discontinue stocking brook trout. Introduced cutthroat trout shall be managed consistent with the Featured Species Alternative for trout;

(B) Devils Lake shall be managed for naturally produced brook trout and hatchery produced legal size rainbow trout consistent with the Basic Yield Management Alternative for trout;

(C) Elk Lake shall be managed for naturally produced kokanee and for hatchery produced brook trout consistent with the Basic Yield Management Alternative for trout;

(D) North and South Twin Lakes shall be managed for hatchery produced rainbow consistent with the Basic Yield Management Alternative for trout.

(2) Objectives for fish management in Century Drive Lakes Isolated from the Deschutes River (Sparks, Devils, Elk, Hosmer, North Twin, and South Twin Lakes):

(a) Provide diverse angling opportunities for selected trout species in Century Drive Lakes of the Upper Deschutes River basin;

(b) Protect and enhance trout habitat in the Century Drive Lakes;

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3290 Cascade Mountain Lakes

Policies and objectives for fish management in Cascade Mountain lakes of the upper Deschutes River Subbasin.

(1) Policies for fish management in Cascade Mountain lakes:

(a) Whitefish in Winopee Lake shall be managed for natural production consistent with the Featured Species Management Alternative for trout;

(b) Cascade Mountain lakes of the upper Deschutes Subbasin shall be managed for natural and hatchery production consistent with the Basic Yield management alternative for trout;

(c) Hatchery rainbow, brook, and cutthroat trout shall be stocked into the lakes listed in subsections (A) and (B) of this section:

(A) Upper Deschutes Fish District: Barbie, Big Finger, Black Crater, Blow, Blowdown, Bobby, Brahma, Cathy, Charlton, Clark, Comma, Copper, Deer, Dennis, Doris, Found, Gleneden, Golden, Goldeneye, S. Green, E. Hanks, M. Hanks, W. Hanks, Harlequinn, Hidden, Hunter, Irish, Jay, Johnny, Josephine, Junco, Kershaw, Kinnikinnic, Lady, Lemish, Lily, Lindick, Lodgepole, Long, Lucky, N. Mathieu, Merle, Phantom, Puppy, Pygmy, Raft, Red Slide, Rim, Rock Rim, Simon, L. Snowshoe, M. Snowshoe, U. Snowshoe, Strider, Swede, Taylor, N. Teddy, S. Teddy, Timmy, Todd, Tranquil, Winopee, Yapoah;

(B) Klamath Fish District: Bell, Bonnies, Darlene, Effie, Elf, Farrell, Fawn, Gray Jay, Hidden, Horsepasture, Lil’s, Maiden, Meek, Oldenburg, Rosary, Lower, Rosary, Middle, Rosary, Upper, Snell, Sowbug, Stag, Suzanne, Windigo, W. Windy, E. Windy, N. Windy, S. Windy, W. Yoran.

(d) No fish shall be introduced into Cascade Mountain lakes not currently stocked;

(e) Hatchery trout shall not be stocked into high lakes which drain into waters with wild fish populations if there is a risk to the genetic integrity of these wild populations.

(2) Objectives for fish management in Cascade Mountain lakes:

(a) Maintain abundance, distribution, and genetic integrity of whitefish in Winopee Lake;

(b) Provide diverse angling opportunities for selected trout species in Cascade Mountain lakes of the Upper Deschutes River basin;

(d) Minimize the impacts of hatchery trout on the production and genetic integrity of wild trout in the Deschutes River basin;

(e) Manage Cascade Mountain lakes fisheries consistent with wilderness management plans to be jointly developed with Deschutes National Forest personnel.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3300 Miscellaneous Waters (Three Creeks Lake, Little Three Creeks Lake, Shevlin Pond, Century Pond, Sprague Pit Pond, Firemens Pond)

Policies and objectives for fish management in Miscellaneous Waters (Three Creeks Lake, Little Three Creeks Lake, Shevlin Pond, Century Pond, Sprague Pit Pond, Firemens Pond) of the upper Deschutes River Subbasin.

(1) Policies for fish management in Miscellaneous Waters (Three Creeks Lake, Little Three Creeks Lake, Shevlin Pond, Century Pond, Sprague Pit Pond, Firemens Pond):

(a) Three Creeks Lake shall be managed for hatchery, legal-sized rainbow trout and naturally produced brook and rainbow trout consistent with the Basic Yield Management Alternative for trout;

(b) Little Three Creeks Lake shall be managed for naturally produced brook and rainbow trout consistent with the Basic Yield Management Alternative for trout;

(c) Shevlin, Sprague Pit and Century Drive ponds shall be managed for hatchery produced, legal-sized rainbow trout consistent with the Intensive Use Management Alternative for trout;

(d) Fireman’s Pond shall be managed for hatchery produced, legal-sized rainbow trout consistent with the Intensive Use Management Alternative for trout. Warmwater fish shall be managed for natural and hatchery production of bluegill and transfer of stock-sized bass and bluegill consistent with Basic Yield Management in the Warmwater Fish Plan.

(2) Objectives for fish management in Miscellaneous Waters (Three Creeks Lake, Little Three Creeks Lake, Shevlin Pond, Century Pond, Sprague Pit Pond, Firemens Pond):

(a) Provide diverse angling opportunities for selected trout species in miscellaneous waters of the Upper Deschutes River basin;

(b) Continue to adjust angling regulation to fit the fisheries at the Miscellaneous Waters;

(d) Maintain or improve access to the Miscellaneous Waters;

(e) Develop additional Miscellaneous Waters as opportunities become available.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96

Or. Admin. R. 635-500-3400 Applicability

OAR 635-500-3400 through 635-500-3520 apply to the Sandy River basin. The Sandy River basin is defined as the Sandy River and its tributaries that originate high on the west and south slopes of Mount Hood, flow approximately 55 miles in a northwesterly direction and enter the Columbia River near Troutdale (Columbia RM 120.5). The Sandy River basin is situated in Multnomah and Clackamas counties, and drains approximately 508 square miles. The Sandy River basin is comprised of several subbasins, many of which are uniquely distinct hydrologically and geomorphologically. Principal tributaries include the Zigzag River, Still Creek, and Salmon River in the upper basin and Bull Run River, Gordon, Cedar, and Beaver creeks in the lower basin. Many other smaller tributaries located throughout the basin contribute significantly to streamflows and provide habitat for a wide array of fish and wildlife assemblages.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 4-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-3410 Organization of rules

Administrative rules for the Sandy River basin are organized as follows:

(1) OAR 635-500-3420 covers objectives for habitat management in the Sandy River basin.

(2) OAR 635-500-3430 covers policies and objectives for winter steelhead management in the Sandy River basin.

(3) OAR 635-500-3440 covers policies and objectives for summer steelhead management in the Sandy River basin.

(4) OAR 635-500-3450 covers policies and objectives for coho management in the Sandy River basin.

(5) OAR 635-500-3460 covers policies and objectives for spring chinook management in the Sandy River basin.

(6) OAR 635-500-3470 covers policies and objectives for fall chinook management in the Sandy River basin.

(7) OAR 635-500-3480 covers policies and objectives for trout production in the Sandy River basin.

(8) OAR 635-500-3490 covers policies and objectives for trout management in Cascade mountain lakes of the Sandy River basin.

(9) OAR 635-500-3500 covers policies and objectives for trout management in high use reservoirs and small ponds of the Sandy River basin.

(10) OAR 635-500-3510 covers policies and objectives for warmwater and other miscellaneous fish management in the Sandy River basin.

(11) OAR 635-500-3520 covers policies and objectives for public access management in the Sandy River basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 4-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-3420 Habitat

(1) Objectives for habitat management in the Sandy River basin.

(2) Promote habitat conditions that contribute to achieving the desired status identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575). This includes, but is not limited to, the following actions:

(a) Maintain and improve upstream and downstream passage for fish in the Sandy River basin at dams, water diversions, existing fishways, culverts and, where needed, at in-channel debris jams.

(b) Protect, enhance, and restore fish habitat in the Sandy River basin.

(c) Inventory stream and watershed conditions using current methods to assess factors limiting fish production in the Sandy River basin.

(d) Reduce artificial introductions of sediment into the Sandy River and basin tributaries.

(e) Restore natural stream flows where possible, and protect existing stream flows and water quality from degradation associated with operation of dams, water diversions, effluents, mining, timber harvest, recreation, and other instream activities.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 116-2010, f. & cert. ef. 8-10-10
DFW 4-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-3430 Winter Steelhead

Policy and objectives for wild and hatchery winter steelhead management in the Sandy River basin.

(2) Objectives:

(a) Achieve the desired status for winter steelhead in the Sandy River basin identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575). Establish an increasing trend in the population of Sandy River wild winter steelhead.

(b) Provide angling opportunities for winter steelhead in the Sandy River basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 116-2010, f. & cert. ef. 8-10-10
DFW 100-2003, f. & cert. ef. 9-25-03
DFW 21-2001, f. & cert. ef. 4-16-01
DFW 4-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-3440 Summer Steelhead

Policy and objectives for hatchery summer steelhead management in the Sandy River basin.

(1) Policy: Consistent with achieving the desired status identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575), the Sandy River basin shall be managed for hatchery summer steelhead: Hatchery summer steelhead smolts shall be released in the lower Sandy River basin, where suitable adult holding habitat is available throughout the summer and where adult returns will provide optimum recreational opportunity.

(2) Objectives:

(a) Release an annual 75,000 summer steelhead smolts into the lower Sandy River basin.

(b) Maximize native fish production in the Sandy basin by eliminating potential genetic and ecological impacts of introduced hatchery summer steelhead in the basin above Marmot Dam by sorting hatchery summer steelhead and preventing their passage into the upper basin.

(d) Provide a fishery on hatchery summer steelhead in the Sandy River below Marmot Dam until such time as the sorting facility is removed. When date certain has been determined for removal of Marmot Dam, the Department shall return the issue of continued releases of salmon steelhead into the Sandy Basin to the Commission for review and additional rulemaking, if appropriate.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 116-2010, f. & cert. ef. 8-10-10
DFW 100-2003, f. & cert. ef. 9-25-03
DFW 4-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-3450 Coho

Policy and objectives for wild and hatchery coho management in the Sandy River basin.

(2) Objectives:

(a) Achieve the desired status for coho salmon in the Sandy River basin identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575). Establish an increasing trend in the population of Sandy River wild coho salmon.

(b) Provide angling opportunities for coho salmon in the Sandy River basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 116-2010, f. & cert. ef. 8-10-10
DFW 100-2003, f. & cert. ef. 9-25-03
DFW 4-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-3460 Spring Chinook

Policy and objectives for wild and hatchery spring chinook management in the Sandy River basin.

(2) Objectives:

(a) Achieve the desired status for spring Chinook salmon in the Sandy River basin identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575). Establish an increasing trend in the population of Sandy River wild spring chinook.

(b) Provide angling opportunities for spring chinook in the Sandy River basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 116-2010, f. & cert. ef. 8-10-10
DFW 100-2003, f. & cert. ef. 9-25-03
DFW 21-2001, f. & cert. ef. 4-16-01
DFW 4-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-3470 Fall Chinook

Policy and objectives for wild fall chinook only management in the Sandy River basin.

(1) Policy: Consistent with achieving the desired status identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575), the Sandy River basin shall be managed for natural production of fall Chinook with an option for a conservation hatchery program if necessary.

(2) Objectives:

(a) Achieve the desired status for fall and late fall Chinook salmon in the Sandy River basin identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575);

(b) Provide sport angling opportunities for fall chinook in the Sandy River basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 116-2010, f. & cert. ef. 8-10-10
DFW 4-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-3480 Wild Trout Production

Policy and objectives for wild trout production enhancement in the Sandy River basin.

(1) Policy: Native rainbow trout, cutthroat trout, whitefish, and introduced brook trout in the Sandy River basin shall be managed for natural production consistent with the Wild Fish management alternative for trout (ODFW Trout Plan, 1987). Hatchery trout releases in the Sandy River basin shall be confined to standing water bodies only.

(2) Objectives:

(a) Maintain the genetic diversity, adaptiveness, and abundance of native rainbow trout, cutthroat trout, and whitefish populations by enhancing natural production, preserving and restoring historical distribution, and by sustaining multiple age-classes;

(b) Provide angling opportunities on naturally produced rainbow and cutthroat trout in the basin, and continue to provide consumptive angling opportunities for brook trout;

(d) Ensure adequate fish passage is provided and maintained throughout the basin;

(e) Achieve mitigation for lost searun and fluvial trout spawning and rearing habitat associated with hydropower water diversions in the basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 4-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-3490 Trout — Cascade Mountain Lakes

Policies and objectives for trout management in Cascade mountain lakes of the Sandy River basin.

(1) Policies:

(a) Cascade mountain lakes within the Sandy River basin shall be managed for natural and hatchery production consistent with the Basic Yield management alternative for trout;

(b) Hatchery rainbow, cutthroat, and brook trout shall be periodically stocked into the lakes listed in the Plan.

(2) Objectives:

(a) Provide diverse angling opportunities for trout in Cascade mountain lakes within the Sandy River basin;

(b) Minimize the impacts of hatchery trout on the production and genetic integrity of adjacent populations of wild trout in the Sandy River basin streams;

(c) Manage Cascade mountain lake fisheries consistent with wilderness management plans developed jointly with the Mt. Hood National Forest.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 4-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-3500 Trout — High Use Reservoirs and Small Ponds

Policy and objectives for trout management in high use reservoirs and small ponds of the Sandy River basin.

(1) Policy: Collins, Roslyn, and Trillium lakes and Mt. Hood College Pond shall be managed for hatchery production consistent with the intensive use management alternative for trout.

(2) Objectives:

(a) Provide diverse angling opportunities for a consumptive fishery on hatchery produced fish;

(b) Minimize the impacts of hatchery trout on the production and genetic integrity of adjacent populations of wild trout.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 4-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-3510 Warmwater and Other Miscellaneous Fish

Policies and objectives for warmwater and other miscellaneous fish management in the Sandy River basin.

(1) Policies:

(a) Warmwater game fish and other introduced warmwater fish shall be managed to discourage increases in natural production in the Sandy River basin;

(b) Warmwater fish species shall not be stocked in mainstem areas or tributaries of the Sandy River basin. Stocking of private ponds within the basin shall be considered on an individual basis.

(2) Objectives:

(a) Prevent the expansion of non-indigenous warmwater fish populations into upstream reaches of the basin;

(b) Protect populations and habitats of sensitive, threatened, or endangered non-game fishes in the Sandy River basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 4-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-3520 Public Access

Policies and objective for public access management in the Sandy River basin.

(1) Policies:

(a) ODFW shall seek to provide access to allow the public to enjoy the Sandy River basin’s fish populations, to provide a diversity of angling and viewing opportunities, and to encourage a dispersion of angling effort;

(b) Acquisition and development of access sites shall be consistent with policies and objectives for management of fish species and habitat.

(2) Objective: Maintain present boat access facilities in the lower Sandy River and increase access for bank anglers throughout the Sandy River basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 4-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-3600 Klamath River Basin Fish Management — Applicability

OAR 635-500-3600 through 635-500-3880 apply to the Klamath River Basin. The Klamath River Basin in Oregon is the headwaters of Klamath River which runs through northwestern California to the Pacific Ocean. These Oregon Administrative Rules apply to all waters of the Klamath River Basin within the State of Oregon, which are located in Jackson, Klamath, and Lake counties. Unless otherwise identified as a management option under the Warmwater Fish Management Plan, all management options like “Basic Yield” and “Featured Species” refer to management options under Oregon Department of Fish and Wildlife’s Trout Management Plan (OAR 635-500-0100 through 635-500-0120).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3610 Organization of Rules

Administrative rules for the Klamath River Basin are organized as follows:

(1) OAR 635-500-3620 covers policies and objectives for habitat management of the Klamath River Basin.

(2) OAR 635-500-3630 covers policies and objectives for fish management in all waters of the Klamath River Basin.

(3) OAR 635-500-3640 covers policies and objectives for fish management from state line to Upper Klamath Lake, including Spencer Creek, Lake Ewauna and Link River, of the Klamath River Basin.

(4) OAR 635-500-3650 covers policies and objectives for fish management in Upper Klamath and Agency lakes including all tributaries, or portions thereof, contributing redband trout production to the lakes’ rearing population; Williamson River below the falls (RM 23) and tributaries (Spring, Larkin and Sunnybrook creeks); Sprague River mainstem and tributaries (Trout Creek, Sycan River and tributaries below the outlet of Sycan Marsh, North Fork Sprague River up to RM 12 and tributaries, South Fork Sprague River up to RM 10 and tributaries); Wood River and tributaries; Sevenmile Creek and tributaries; Fourmile Creek (north), Crystal Creek, Recreation Creek, Thomason Creek, Harriman Creek, Odessa Creek, and Short Creek of the Klamath River Basin.

(5) OAR 635-500-3660 covers policies and objectives for fish management in Williamson River, above the falls (RM 23) and tributaries, of the Klamath River Basin.

(6) OAR 635-500-3670 covers policies and objectives for fish management in Sycan River above the outlet of Sycan Marsh and tributaries, including Long and Coyote creeks; North Fork Sprague River (above RM 12) and tributaries; South Fork Sprague River (above RM 10) and tributaries, including Deming Creek; Cascade Mountain streams: Sink, Cottonwood, Scott, Sand, Threemile, Cherry, Rock, Fourmile, Moss, and Denny creeks; Jenny, Fall, Scotch, Cottonwood, Grouse, Long John, and Cow creeks of the Klamath River Basin.

(7) OAR 635-500-3680 covers policies and objectives for fish management in Lost River, and tributaries, of the Klamath River Basin.

(8) OAR 635-500-3690 covers policies and objectives for fish management in Fourmile Lake of the Klamath River Basin.

(9) OAR 635-500-3700 covers policies and objectives for fish management in Lake of the Woods of the Klamath River Basin.

(10) OAR 635-500-3710 covers policies and objectives for fish management in Miller Lake and Miller Creek of the Klamath River Basin.

(11) OAR 635-500-3720 covers policies and objectives for fish management in Cascade and Gearhart Mountain lakes of the Klamath River Basin.

(12) OAR 635-500-3730 covers policies and objectives for fish management in Howard Prairie Reservoir of the Klamath River Basin.

(13) OAR 635-500-3740 covers policies and objectives for fish management in Hyatt Lake of the Klamath River Basin.

(14) OAR 635-500-3750 covers policies and objectives for fish management in Little Hyatt Lake of the Klamath River Basin.

(15) OAR 635-500-3760 covers policies and objectives for fish management in Keene Creek Reservoir of the Klamath River Basin.

(16) OAR 635-500-3770 covers policies and objectives for fish management in Deadhorse Lake of the Klamath River Basin.

(17) OAR 635-500-3780 covers policies and objectives for fish management in Holbrook Reservoir of the Klamath River Basin.

(18) OAR 635-500-3790 covers policies and objectives for fish management in Heart Lake of the Klamath River Basin.

(19) OAR 635-500-3800 covers policies and objectives for fish management in Big Swamp Reservoir of the Klamath River Basin.

(20) OAR 635-500-3810 covers policies and objectives for fish management in Lofton Reservoir of the Klamath River Basin.

(21) OAR 635-500-3820 covers policies and objectives for fish management in J. C. Boyle Reservoir of the Klamath River Basin.

(22) OAR 635-500-3830 covers policies and objectives for fish management in Gerber Reservoir of the Klamath River Basin.

(23) OAR 635-500-3840 covers policies and objectives for fish management in Willow Valley Reservoir of the Klamath River Basin.

(24) OAR 635-500-3850 covers policies and objectives for fish management in Devil Lake of the Klamath River Basin.

(25) OAR 635-500-3860 covers policies and objectives for fish management in Campbell Reservoir of the Klamath River Basin.

(26) OAR 635-500-3870 covers policies and objectives for fish management in Bumpheads, Upper Midway, Dog Hollow, Round Valley, and Smith Reservoirs of the Klamath River Basin.

(27) OAR 635-500-3880 covers policies and objectives for angler access of the Klamath River Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3620 Habitat Management

Policy and objectives for habitat management in Klamath River Basin.

(1) Policy: Habitat that is critical to the natural production of indigenous fish populations shall be protected; proactive conservation shall be preferred over habitat restoration.

(2) Objectives:

(a) Protect and restore riparian habitats throughout the Klamath Basin;

(b) All artificial barriers to fish passage shall have adequate facilities installed to provide unimpaired upstream passage;

(d) Pursue perennial instream flows throughout the Klamath Basin to improve habitat and natural production of indigenous species;

(e) Protect and restore water quality throughout the Klamath Basin as it relates to the maintenance of fish resources;

(f) Protect trout and kokanee salmon spawning and rearing habitat in Fourmile Lake;

(g) Protect, maintain or improve spawning and rearing habitat for fish in Lake of the Woods and tributaries;

(h) Develop habitat in Hyatt Lake to enhance bass and trout populations.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3630 Klamath River Basin, All Waters

Policies and objectives for fish management in Klamath River Basin, all waters.

(1) Policies:

(a) Bull trout, within the Klamath Basin, shall be managed for natural production consistent with the Wild Fish Management Option; angling regulations shall prohibit the take of bull trout within the Klamath Basin;

(b) Lost River and shortnose suckers, classified as Endangered, shall be managed according to the adopted Recovery Plan for those species; angling regulations shall identify them as protected species;

(d) Except where there are policies specific to individual subbasins or waters, warmwater game fish shall be managed for natural production and stocked fish under the Basic Yield Management Option in the Warmwater Fish Management Plan (OAR 635-500-0055);

(e) Crayfish and introduced bull frogs shall be managed for natural production only.

(2) Objectives:

(a) Maximize protection of genetic diversity, adaptiveness and abundance of bull trout in the Klamath Basin;

(b) Maximize protection of genetic diversity, adaptiveness and abundance of Lost River and shortnose suckers in the Klamath Basin;

(c) Maintain protection of genetic diversity, adaptiveness, and abundance of native non-game fish species within their native habitats within the Klamath Basin;

(d) Provide consumptive angling opportunities for basic yield fisheries on naturally produced and stocked warmwater game fish;

(e) Maintain genetic diversity, adaptiveness and abundance of native crayfish while providing for consumptive harvest of this species;

(f) Reduce the density of introduced bull frogs within the Klamath Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3640 Klamath River: State line to Upper Klamath Lake, including Spencer Creek, Lake Ewauna and Link River, of the Klamath River Basin

Policies and objectives for fish management in Klamath River: State line to Upper Klamath Lake, including Spencer Creek, Lake Ewauna and Link River, of the Klamath River Basin.

(1) Policies:

(a) Redband trout in Klamath River, including Spencer Creek, Lake Ewauna and Link River, shall be managed for natural production only consistent with the Wild Fish Management Option;

(b) No hatchery trout shall be stocked in Klamath River, including Spencer Creek, Lake Ewauna and Link River.

(2) Objectives:

(a) Maintain protection of genetic diversity, adaptiveness and abundance of redband trout in these waters;

(b) Provide a consumptive fishery for redband trout.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3650 Various Lakes, Rivers, and Tributaries of the Klamath River Basin

Policies and objectives for fish management apply to the following lakes, rivers, and tributaries of the Klamath River Basin: Upper Klamath and Agency lakes including all tributaries, or portions thereof, contributing redband trout production to the lakes’ rearing population; Williamson River below the falls (RM 23) and tributaries (Spring, Larkin and Sunnybrook creeks); Sprague River mainstem and tributaries (Trout Creek, Sycan River and tributaries below the outlet of Sycan Marsh, North Fork Sprague River up to RM 12 and tributaries, South Fork Sprague River up to RM 10 and tributaries); Wood River and tributaries; Sevenmile Creek and tributaries; Fourmile Creek (north), Crystal Creek, Recreation Creek, Thomason Creek, Harriman Creek, Odessa Creek, and Short Creek of the Klamath River Basin.

(1) Policies:

(a) Redband and introduced brown trout in Upper Klamath and Agency lakes, Williamson River below the falls (RM 23) and tributaries, Wood River and tributaries, Sevenmile Creek and tributaries, and Fourmile (north), Crystal, Recreation, Thomason, Harriman, Odessa, and Short creeks, shall be managed for natural production only consistent with the Trophy Fish Management Option. Introduced brook trout shall be managed for natural production only consistent with the Basic Yield Management Option in these waters;

(b) Redband and introduced brown trout in Sprague River mainstem and tributaries (Trout Creek; Sycan River and tributaries up to the outlet of Sycan Marsh; North Fork Sprague River and tributaries up to RM 12; and South Fork Sprague River and tributaries up to RM 10) shall be managed for natural production only consistent with the Wild Trout Management Option. Introduced brook trout shall be managed for natural production only consistent with the Basic Yield Management Option in these waters;

(2) Objectives:

(a) Maintain protection of genetic diversity, adaptiveness and abundance of redband trout in these waters;

(b) Provide for diverse angling opportunities by providing for consumptive and nonconsumptive fisheries on redband trout and introduced brown and brook trout where they occur in these waters.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3660 Williamson River, Above the Falls (RM 23) and Tributaries, of the Klamath River Basin

Policies and objectives for fish management in Williamson River, Above the Falls (RM 23) and Tributaries, of the Klamath River Basin.

(1) Policies:

(a) Redband trout shall be managed for natural production only consistent with the Wild Fish Management Option while introduced brook and brown trout shall be managed for natural production only consistent with the Basic Yield Management Option;

(b) No hatchery fish shall be stocked in these waters.

(2) Objectives:

(a) Maintain protection of genetic diversity, adaptiveness and abundance of redband trout in these waters;

(b) Provide a consumptive fishery for redband and introduced brook and brown trout.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3670 Sycan River, Sprague River North and South Forks, Cascade Mountain Streams, and Various Creeks of the Klamath River Basin

Policies and objectives for fish management in Sycan River above the outlet of Sycan Marsh and tributaries, including Long and Coyote creeks; North Fork Sprague River (above RM 12) and tributaries; South Fork Sprague River (above RM 10) and tributaries, including Deming Creek; Cascade Mountain streams: Sink, Cottonwood, Scott, Sand, Threemile, Cherry, Rock, Fourmile, Moss, and Denny creeks; Jenny, Fall, Scotch, Cottonwood, Grouse, Long John, and Cow creeks of the Klamath River Basin.

(1) Policies:

(a) Redband and steelhead trout in these waters shall be managed for natural production only consistent with the Wild Trout Management Option;

(b) Introduced brook and brown trout in these waters shall be managed for natural production consistent with the Basic Yield Management Option;

(2) Objectives:

(a) Maintain protection of genetic diversity, adaptiveness and abundance of redband and steelhead trout in these waters;

(b) Provide diverse fisheries for redband and introduced brook and brown trout.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3680 Lost River and Tributaries

Policies and objectives for fish management in Lost River, and tributaries, of the Klamath River Basin.

(1) Policies:

(a) Redband trout in Lost River and tributaries shall be managed for natural production only consistent with the Wild Trout Management Option;

(b) Hatchery trout shall not be stocked in Lost River and tributaries.

(2) Objectives:

(a) Maintain protection of genetic diversity, adaptiveness and abundance of redband trout in Lost River and tributaries;

(b) Provide consumptive fisheries for redband trout in these waters.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3690 Fourmile Lake

Policies and objectives for fish management in Fourmile Lake of the Klamath River Basin.

(1) Policies:

(a) Fourmile Lake shall be managed for natural production of brook trout and kokanee salmon and for hatchery reared redband trout under the Basic Yield Management Option;

(b) Lake trout shall be introduced to Fourmile Lake and managed for natural production under the Trophy Fish Management Option.

(2) Objectives:

(a) Provide consumptive fisheries for introduced, naturally producing brook and lake trout and kokanee salmon and for stocked, hatchery redband trout;

(b) Prevent loss of fish at the Fourmile Lake irrigation diversion outlet structure;

(c) Protect native trout in Fourmile Creek and tributaries downstream of Fourmile Lake from hatchery fish that move down out of the lake.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3700 Lake of the Woods

Policies and objectives for fish management in Lake of the Woods of the Klamath River Basin.

(1) Policies:

(a) Lake of the Woods shall be managed for natural and hatchery production of kokanee salmon, and redband and brown trout under the Basic Yield Management Option;

(b) Lake of the Woods shall be managed for natural production of brook trout, black crappie, yellow perch and brown bullheads under the Basic Yield Management Option;

(2) Objectives:

(a) Provide for consumptive fisheries on introduced and hatchery produced kokanee salmon, redband and brown trout; and on naturally produced brook trout;

(b) Provide a basic yield, consumptive fishery on naturally produced black crappie, yellow perch and brown bullheads;

(c) Provide a quality fishery for naturally produced largemouth bass as measured by the Proportional Stock Density (PSD) and the Relative Stock Density (RSD) and the electrofishing catch-per-unit-of-effort (CPUE);

(d) Protect native trout in Seldom and Fourmile creeks downstream of Lake of the Woods from hatchery fish that may move out of the lake.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3710 Miller Lake and Miller Creek

Policies and objectives for fish management in Miller Lake and Miller Creek of the Klamath River Basin.

(1) Policies:

(a) Miller Lake shall be managed for natural production of kokanee salmon and for hatchery reared redband and brown trout under the Basic Yield Management Option;

(b) Miller Creek shall be managed for natural production of redband (rainbow) and brown trout under the Basic Yield Management Option.

(2) Objectives:

(a) Provide a consumptive fishery for introduced, naturally producing kokanee salmon and stocked, hatchery-reared redband and brown trout;

(b) Provide a consumptive fishery for introduced, naturally producing redband (rainbow) and brown trout in Miller Creek.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3720 Cascade and Gearhart Mountain Lakes

Policy and objectives for fish management in Cascade and Gearhart Mountain Lakes of the Klamath River Basin.

(1) Policy: Cascade and Gearhart Mountain lakes within the Klamath River Basin shall be managed for selected species of hatchery reared trout and managed for the Basic Yield Management Option.

(2) Objectives:

(a) Provide consumptive fisheries for selected trout species in Cascade and Gearhart Mountain lakes of the Klamath River Basin;

(b) Minimize the impacts of hatchery trout stocked in Cascade and Gearhart Mountain lakes on the production and genetic integrity of wild trout and native wildlife in the Klamath River Basin;

(c) Manage Cascade and Gearhart Mountain lakes fisheries consistent with wilderness management plans to be jointly developed with Winema and Fremont National Forest personnel.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3730 Howard Prairie Reservoir

Policy and objectives for fish management in Howard Prairie Reservoir of the Klamath River Basin.

(1) Policy: Howard Prairie Reservoir shall be managed primarily for hatchery production of rainbow trout consistent with the Basic Yield Management Option.

(2) Objectives:

(a) Provide a consumptive fishery for hatchery trout;

(b) Protect unique wild trout in the tributaries to Howard Prairie Reservoir and the wild trout and sucker populations downstream from Howard Prairie Reservoir in Jenny Creek from hatchery fish that may move out of the reservoir.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3740 Hyatt Lake

Policies and objectives for fish management in Hyatt Lake of the Klamath River Basin.

(1) Policies:

(a) Rainbow trout shall be managed for hatchery production consistent with the Basic Yield Management Option;

(b) Largemouth bass shall be managed for natural production consistent with the Basic Yield Management Option unless it is determined that the Quality Fish Management Option is beneficial.

(2) Objectives:

(a) Provide a consumptive fishery on hatchery rainbow trout;

(b) Provide a consumptive fishery for naturally reproducing largemouth bass;

(c) Protect unique wild trout and sucker populations downstream from Hyatt Lake in Jenny Creek from hatchery fish escaping from the reservoir.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3750 Little Hyatt Lake

Policy and objectives for fish management in Little Hyatt Lake of the Klamath River Basin.

(1) Policy: Little Hyatt Lake shall be managed for hatchery production of rainbow trout consistent with the Basic Yield Management Option.

(2) Objectives:

(a) Provide a consumptive fishery on hatchery rainbow trout;

(b) Protect unique wild trout and sucker populations downstream from Little Hyatt Lake in the Jenny Creek system from hatchery fish escaping from the reservoir.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3760 Keene Creek Reservoir

Policy and objective for fish management in Keene Creek Reservoir of the Klamath River Basin.

(1) Policy: Keene Creek Reservoir shall be managed for natural production of redband trout under the Basic Yield Management Option.

(2) Objective: Protect unique redband trout and sucker populations downstream from Keene Creek Reservoir in the Jenny Creek system from hatchery fish escaping from the reservoir.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3770 Deadhorse Lake

Policy and objective for fish management in Deadhorse Lake of the Klamath River Basin.

(1) Policy: Deadhorse Lake shall be managed for hatchery production of rainbow and brook trout under the Basic Yield Management Option.

(2) Objective: Provide a consumptive fishery for stocked rainbow and brook trout.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3780 Holbrook Reservoir

Policy and objectives for fish management in Holbrook Reservoir of the Klamath River Basin.

(1) Policy: Holbrook Reservoir shall be managed for hatchery production of rainbow trout consistent with the Basic Yield Management Option.

(2) Objectives:

(a) Provide a consumptive fishery for stocked rainbow trout;

(b) Protect the genetic integrity of wild redband trout in Fishhole Creek.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3790 Heart Lake

Policy and objectives for fish management in Heart Lake of the Klamath River Basin.

(1) Policy: Heart Lake shall be managed for hatchery production of rainbow trout and kokanee salmon under the Basic Yield Management Option.

(2) Objectives:

(a) Provide a consumptive fishery for stocked rainbow trout and kokanee salmon;

(b) Protect the genetic integrity of wild redband trout in Fishhole Creek.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3800 Big Swamp Reservoir

Policies and objectives for fish management in Big Swamp Reservoir of the Klamath River Basin shall be guided by OAR 635-500-3630 for warmwater game fish; that is for natural production of brown bullheads under the Basic Yield Management Option in the Warmwater Fish Management Plan (635-500-0055).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3810 Lofton Reservoir

Policy and objective for fish management in Lofton Reservoir of the Klamath River Basin.

(1) Policy: Lofton Reservoir shall be managed for hatchery production of rainbow trout under the Basic Yield Management Option.

(2) Objective: Provide a consumptive fishery for stocked rainbow trout.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3820 J. C. Boyle Reservoir

Policies and objectives for fish management in J. D. Boyle Reservoir of the Klamath River Basin.

(1) Policies:

(a) Redband trout in J. C. Boyle Reservoir shall be managed for natural production under the Wild Fish Management Option;

(b) No hatchery reared fish shall be stocked in J. C. Boyle Reservoir.

(2) Objectives:

(a) Maintain protection of genetic diversity, adaptiveness and abundance of wild redband trout;

(b) Provide a consumptive fishery for warmwater game fish.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3830 Gerber Reservoir

Policies and objective for fish management in Gerber Reservoir of the Klamath River Basin.

(1) Policies:

(a) Redband trout in Gerber Reservoir shall be managed for natural production consistent with the Wild Trout Management Option;

(b) All game fish species other than redband trout in Gerber Reservoir shall be managed for natural production consistent with the Basic Yield Management Option;

(2) Objective: Maintain protection of genetic diversity, adaptiveness and abundance of all fish species in Gerber Reservoir.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3840 Willow Valley Reservoir

Policy and objective for fish management in Willow Valley Reservoir of the Klamath River Basin.

(1) Policy: Lahontan cutthroat trout in Willow Valley Reservoir shall be managed for natural and hatchery production under the Basic Yield Management Option.

(2) Objective: Improve angler catch rates for Lahontan cutthroat trout by periodically supplementing their natural production with surplus hatchery fish from Klamath Hatchery.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3850 Devil Lake

Policy and objectives for fish management in Devil Lake of the Klamath River Basin.

(1) Policy: Devil Lake shall be managed for hatchery production of rainbow trout under the Basic Yield Management Option.

(2) Objectives:

(a) Provide a consumptive fishery for stocked rainbow trout;

(b) Protect the wild redband trout population in Fishhole Creek from hatchery fish escaping from Devil Lake.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3860 Campbell Reservoir

Policy and objectives for fish management in Campbell Reservoir of the Klamath River Basin.

(1) Policy: Campbell Reservoir shall be managed for natural production of redband trout until the Deming Creek diversion is screened when management shall be changed to hatchery production of rainbow trout; under either management direction, it shall be managed under the Basic Yield Management Option.

(2) Objectives:

(a) Provide a consumptive fishery for naturally produced redband or hatchery produced rainbow trout;

(b) Protect the wild redband trout population in Deming Creek from hatchery fish escaping from Campbell Reservoir.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3870 Bumpheads, Upper Midway, Dog Hollow, Round Valley, and Smith Reservoirs

Policies and objectives for fish management in Bumpheads, Upper Midway, Dog Hollow, Round Valley, and Smith Reservoirs of the Klamath River Basin shall be guided by OAR 635-500-3630 for warmwater game fish. That prescription is for those species to be managed for natural production and with stocked fish consistent with the Basic Yield Management Option in the Warmwater Fish Management Plan (635-500-0055).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3880 Angler Access

Policy and objectives for angler access of the Klamath River Basin.

(1) Policy: Barrier free access to angling opportunities shall be provided for the angling public where it is appropriate and feasible.

(2) Objectives:

(a) As opportunities arise, acquire the angler access sites as follows:

(A) Klamath River, boat ramp and parking, at Keno adjacent to Hwy. 66;

(B) Upper Klamath Lake, boat ramp and parking, at Modoc Point, Algoma Pond, and Pelican Cut upgrade; and additional parking at Rocky Point;

(C) Lower Williamson River, boat ramps and parking, at Modoc Point Road, rapids and Hwy. 97 crossing area, Pine Ridge above Chiloquin Bridge reach, and Collier State Park-Williamson River Campground reach;

(D) Wood River, boat ramp and parking, at Weed Road, Oregon Department of Fish and Wildlife property;

(E) Sprague River, boat ramp and parking at Chiloquin Dam pool, RM 6 substation, RM 11 lower Williamson River Road, RM 15-20 area, RM 30 area S’Ocholis Canyon, Lone Pine, Sprague River Hwy. crossing, Klamath County sites off Drews Road upgrade, and Godowa Springs Road crossing at RM 72;

(F) Willow Valley Reservoir, boat ramp and parking, to accommodate lower water levels;

(G) Campbell Reservoir, boat ramp and parking, on public land to accommodate lower water levels.

(b) Develop and maintain facilities providing appropriate access to a diversity of angling opportunities;

(c) Encourage Division of State Lands to pursue navigability claims on rivers where documentation exists that they meet federal navigability standards.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97

Or. Admin. R. 635-500-3885 Miller Lake Lamprey Conservation Plan

These rules are established to provide policy direction for the conservation and management of the Miller Lake Lamprey Species Management Unit. The Miller Lake Lamprey Conservation Plan Implementation Strategy guides Department staff in the implementation of management strategies.

(1) Species Management Unit and Population Description The Miller Lake Lamprey species management unit is comprised of six documented populations and one uncertain population. They are:

(a) Mainstem Upper Williamson River above Klamath Marsh;

(b) Miller Creek;

(d) Sycan River above Sycan Marsh;

(e) Long Creek;

(f) Coyote Creek;

(g) Shake Creek (lamprey species uncertain).

(2) Desired Status The desired status of the Miller Lake lamprey is for the species to be distributed widely throughout its historic range, with populations robust enough to withstand stochastic environmental events, and with both the populations and their habitat secure from anthropogenic threats.

(3) Management Strategies The short- and long-term management strategies for the Miller Lake Lamprey species management unit are:

(a) Short-term Strategy Re-establish connectivity to Miller Lake.

(b) Long-term Strategies

(A) Ensure appropriate habitat conditions and availability within the natural range of Miller Lake lamprey.

(B) Reduce entrainment or the potential for entrainment of adult and larval lampreys into water diversions.

(C) Reduce stranding or the potential for stranding of larval lampreys in dewatered segments of streams below water diversions.

(D) Maintain unobstructed opportunities, within and among populations, to allow for genetic exchange, natural dispersal or migration activities, and re-colonization of unoccupied portions of historical habitat.

(E) No hatchery fish shall be stocked in streams that support Miller Lake lamprey.

(4) Research, Monitoring and Evaluation

(a) Research: Promote scientific studies of the Miller Lake Lamprey to aid in the conservation of the species.

(b) Monitoring: Where appropriate, incorporate lampreys into fish survey protocols in the Klamath Basin and seek to collaborate with other researchers carrying out lamprey surveys in the Basin.

(c) Evaluation: Periodically evaluate the status of Miller Lake lamprey and the success of the conservation plan management strategies.

(5) Adaptive Management:

(a) The Klamath Watershed District Manager shall assemble a group of scientists with experience or interest in lamprey biology to serve as the Miller Lake Lamprey Technical Management Team.

(b) The Miller Lake Lamprey Technical Management Team shall meet periodically to review the success of the management actions identified in the Miller Lake Lamprey Conservation Plan and identify modifications to management actions that are needed to achieve the desired status for Miller Lake lamprey.

(6) Trigger for Plan Modification Substantial negative changes in the distribution or abundance of the Miller Lake lamprey, or the recognition of new threats to the species, shall prompt a review of the species management unit’s status and all Miller Lake Lamprey Conservation Plan management strategies by the Miller Lake Lamprey Technical Management Team. Appropriate modifications to the Miller Lake Lamprey Conservation Plan intended to better achieve the desired status identified in the Plan shall be proposed by the Miller Lake Lamprey Technical Management Team.

(7) Reporting:

(a) The Miller Lake Lamprey Technical Management Team shall periodically report on the status of Miller Lake lamprey and the effectiveness of the management strategies identified in the Miller Lake Lamprey Conservation Plan.

(b) Annual Miller Lake Lamprey data collected and any reports on the status of Miller Lake Lamprey or evaluations of the Miller Lake Lamprey Conservation Plan shall be made available to the public.

History

Statutory/Other Authority: ORS 496.138, ORS 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, ORS 506.109 & 506.129
DFW 57-2005, f. 6-21-05, cert. ef. 7-1-05

Or. Admin. R. 635-500-3890 Chinook Salmon in Upper Klamath Lake and Tributaries

(1) Goal: Restore naturally reproducing self-sustaining populations of Chinook salmon into suitable habitat in Upper Klamath Lake and tributaries.

(2) Policies:

(a) A Re-Introduction Implementation Plan shall be prepared to guide re-introduction of Chinook salmon into Upper Klamath Lake and tributaries.

(b) The Re-Introduction Implementation Plan shall identify near-term and long-term actions necessary to address key uncertainties and develop specific strategies for achieving the goals of re-introduction.

(c) The Re-Introduction Implementation Plan shall identify and address key uncertainties necessary to complete an Anadromous Fish Conservation Plan for the Oregon portion of the Klamath River, Upper Klamath Lake and tributaries, consistent with stipulations of the Oregon Department of Fish and Wildlife's (Department's) Native Fish Conservation Policy (OAR 635-007-0503).

(d) As part of the Re-Introduction Implementation Plan, a stock recruitment model will be developed for Chinook salmon utilizing Upper Klamath Lake and tributaries to determine specific escapement numbers necessary to meet conservation and other management goals to be finalized in the Anadromous Fish Conservation Plan.

(e) Release of Chinook salmon into Upper Klamath Lake and tributaries shall not occur until the Re-Introduction Implementation Plan is completed.

(f) An Anadromous Fish Conservation Plan for Chinook salmon in Upper Klamath Lake and tributaries, consistent with the stipulations of the Department’s Native Fish Conservation Policy (OAR 635-007-0503) shall be prepared for Oregon Fish and Wildlife Commission approval, once self sustaining population(s) of Chinook salmon are established in Upper Klamath Lake and tributaries.

(g) The Anadromous Fish Conservation Plan prepared for Oregon Fish and Wildlife Commission approval shall provide policy direction to guide management of established anadromous fish populations in the Oregon portion of the Klamath Basin. This plan will be incorporated into a comprehensive plan for fisheries management of the entire Klamath River Basin that will fulfill requirements of the Pacific Fisheries Management Council.

(h) Klamath Basin stocks of Chinook salmon have priority over out-of-basin stocks of Chinook salmon for re-introduction into Upper Klamath Lake and tributaries.

(i) Hatchery production and supplementation efforts associated with reintroduction of Chinook salmon into Upper Klamath Lake and tributaries will be developed consistent with Fish Hatchery Management Policy and guidelines (OAR 635-007-0542).

(j) As part of active efforts to re-establish runs of anadromous fish, only pathogen free eggs or juvenile Chinook salmon will be released into Upper Klamath Lake and tributaries.

(k) Once adult Chinook salmon are volitionally returning to Keno Dam, they will be seasonally trapped and moved upstream as needed.

(3) Objectives:

(a) Determine the most appropriate stock(s) of Chinook salmon to re-introduce into Upper Klamath Lake and tributaries.

(b) Restore self-sustaining populations of Chinook salmon in Upper Klamath Lake and tributaries.

(d) Integrate self sustaining populations of Chinook salmon returning to the Oregon portion of the Klamath River Basin into tribal, sport and commercial fisheries through development of an Anadromous Fish Conservation Plan.

History

Statutory/Other Authority: ORS 496.138, 496.146 & and 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & and 506.129
DFW 84-2008, f. & cert. ef. 7-28-08

Or. Admin. R. 635-500-3895 Chinook Salmon in the Oregon Portion of the Klamath River and Tributaries Below Upper Klamath Lake

(1) Goal: Restore self-sustaining populations of naturally produced Chinook salmon in the Oregon portion of the Klamath River and its tributaries below Upper Klamath Lake.

(2) Policies:

(a) Chinook salmon shall be monitored for natural re-colonization into the Oregon portion of the Klamath River and its tributaries below Upper Klamath Lake.

(b) A Re-Introduction Implementation Plan shall be prepared which identifies facilities and evaluation activities to monitor natural re-colonization of Chinook salmon into the Oregon portion of the Klamath River and its tributaries below Upper Klamath Lake.

(c) Chinook salmon in the Oregon portion of the Klamath River and its tributaries below Upper Klamath Lake shall be managed for natural production consistent with the Native Fish Conservation Policy (OAR 635-007-0503).

(d) No Chinook salmon shall be released into the Oregon portion of the Klamath River and its tributaries below Upper Klamath Lake, unless re-colonization is not occurring or is too slow as described through criteria directed under the Re-introduction Implementation Plan.

(e) An Anadromous Fish Conservation Plan for Chinook salmon in the Oregon portion of the Klamath River, Upper Klamath Lake and tributaries, consistent with stipulations of the Department’s Native Fish Conservation Policy (OAR 635-007-0503) shall be prepared for Oregon Fish and Wildlife Commission approval, once self-sustaining population(s) of Chinook salmon are established in the Oregon portion of the Klamath River and its tributaries.

(f) The Anadromous Fish Conservation Plan prepared for Oregon Fish and Wildlife Commission approval shall provide policy direction to guide management of established Chinook salmon populations in the Oregon portion of the Klamath Basin. This plan will be incorporated into a comprehensive plan for fisheries management of the entire Klamath River Basin that will fulfill requirements of the Pacific Fisheries Management Council.

(3) Objectives:

(a) Monitor natural re-colonization of Chinook salmon into the Oregon portion of the Klamath River and its tributaries below Upper Klamath Lake.

(b) Protect and improve Chinook salmon habitats in the Oregon portion of the Klamath River and its tributaries below Upper Klamath Lake.

(c) Integrate self-sustaining populations of Chinook salmon returning to the Oregon portion of the Klamath River Basin into tribal, sport and commercial fisheries through development of an Anadromous Fish Conservation Plan.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
DFW 84-2008, f. & cert. ef. 7-28-08

Or. Admin. R. 635-500-3900 Steelhead Trout in the Oregon Portion of the Klamath River, Upper Klamath Lake and Tributaries

(1) Goal: Restore self-sustaining populations of naturally produced steelhead trout in the Oregon portion of the Klamath River, Upper Klamath Lake and tributaries.

(2) Policies:

(a) Steelhead trout shall be monitored for natural re-colonization into the Oregon portion of the Klamath River, Upper Klamath Lake and tributaries.

(b) A Re-Introduction Implementation Plan shall be prepared which identifies facilities and evaluation activities to monitor natural re-colonization of steelhead trout into the Oregon portion of the Klamath River, Upper Klamath Lake and tributaries.

(c) Steelhead trout in the Oregon portion of the Klamath River, Upper Klamath Lake and tributaries shall be managed for natural production consistent with the Native Fish Conservation Policy (OAR 635-007-0503).

(d) No steelhead trout shall be released into the Oregon portion of the Klamath River and its tributaries, unless re-colonization is not occurring or is too slow as described through criteria directed under the Re-introduction Implementation Plan.

(e) An Anadromous Fish Conservation Plan for steelhead trout in the Oregon portion of Klamath River, Upper Klamath Lake and tributaries, consistent with stipulations of the Department’s Native Fish Conservation Policy (OAR 635-007-0503) shall be prepared for Oregon Fish and Wildlife Commission approval, once self sustaining population(s) of steelhead trout are established in the Oregon portion of the Klamath River and its tributaries.

(f) The Anadromous Fish Conservation Plan prepared for Oregon Fish and Wildlife Commission approval shall provide policy direction to guide management of established steelhead trout populations in the Oregon portion of the Klamath Basin. This plan will be incorporated into a comprehensive plan for fisheries management of the entire Klamath River Basin.

(3) Objectives:

(a) Monitor natural re-colonization of steelhead trout into the Oregon portion of the Klamath River, Upper Klamath Lake and tributaries.

(b) Protect and improve steelhead trout habitat in the Oregon portion of the Klamath River, Upper Klamath Lake and tributaries.

(c) Integrate self-sustaining populations of steelhead trout returning to the Oregon portion of the Klamath River Basin into tribal and sport fisheries through development of an Anadromous Fish Conservation Plan.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
DFW 84-2008, f. & cert. ef. 7-28-08

Or. Admin. R. 635-500-3905 Coho Salmon in the Oregon Portion of the Klamath River and Tributaries

(1) Goal: Restore self-sustaining populations of naturally reproduced coho salmon in the Oregon portion of the Klamath River and its tributaries.

(2) Policies:

(a) Coho salmon shall be monitored for natural re-colonization into the Oregon portion of the Klamath River and its tributaries.

(b) A Re-Introduction Implementation Plan shall be prepared which identifies facilities and evaluation activities to monitor natural re-colonization of coho salmon into the Oregon portion of the Klamath River and its tributaries.

(c) Coho salmon in the Oregon portion of the Klamath River and its tributaries shall be managed for natural production consistent with the Native Fish Conservation Policy (OAR 635-007-0503).

(d) No coho salmon shall be released into the Oregon portion of the Klamath River and its tributaries, unless re-colonization is not occurring or is too slow as described through criteria directed under the Re-introduction Implementation Plan.

(e) An Anadromous Fish Conservation Plan for coho salmon in the Oregon portion of the Klamath River and its tributaries, or amendments to the Recovery Plan for SONCC Coho, consistent with stipulations of the Department's Native Fish Conservation Policy (OAR 635-007-0503) shall be prepared for Oregon Fish and Wildlife Commission approval, once self-sustaining population(s) of coho salmon are established in the Oregon portion of the Klamath River and its tributaries.

(f) The Anadromous Fish Conservation Plan, or amendments to the Recovery Plan for SONCC Coho, prepared for Oregon Fish and Wildlife Commission approval shall provide policy direction to guide management of established coho salmon populations in the Oregon portion of the Klamath Basin. This plan will be incorporated into a comprehensive plan for fisheries management of the entire Klamath River Basin that will fulfill requirements of the Pacific Fisheries Management Council.

(3) Objectives:

(a) Monitor natural re-colonization of coho salmon into the Oregon portion of the Klamath River and its tributaries.

(b) Protect and improve coho salmon habitat in the Oregon portion of the Klamath River and its tributaries.

(c) Integrate self-sustaining populations of coho salmon returning to the Oregon portion of the Klamath River Basin into tribal, sport and commercial fisheries through development of an Anadromous Fish Conservation Plan, or amendments to the Recovery Plan for SONCC Coho.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
DFW 84-2008, f. & cert. ef. 7-28-08

Or. Admin. R. 635-500-3910 Pacific Lamprey in the Oregon Portion of the Klamath River, Upper Klamath Lake and Tributaries

(1) Goal: Restore self-sustaining populations of naturally reproduced Pacific Lamprey in the Oregon portion of the Klamath River and its tributaries.

(2) Policies:

(a) Pacific Lamprey shall be monitored for natural re-colonization into the Oregon portion of the Klamath River, Upper Klamath Lake and tributaries.

(b) A Re-Introduction Implementation Plan shall be prepared which identifies facilities and evaluation activities to monitor natural re-colonization of Pacific Lamprey into the Oregon portion of the Klamath River, Upper Klamath Lake and tributaries.

(c) Pacific Lamprey in the Oregon portion of the Klamath River, Upper Klamath lake and tributaries shall be managed for natural production consistent with the Native Fish Conservation Policy (OAR 635-007-0503).

(d) No Pacific Lamprey shall be released into the Oregon portion of the Klamath River and its tributaries, unless re-colonization is not occurring or is too slow as described through criteria directed under the Re-introduction Implementation Plan.

(e) An Anadromous Fish Conservation Plan for Pacific Lamprey in the Oregon portion of the Klamath River, Upper Klamath Lake and tributaries, consistent with stipulations of the Department's Native Fish Conservation Policy (OAR 635-007-0503) shall be prepared for Oregon Fish and Wildlife Commission approval once self-sustaining population(s) of Pacific Lamprey are established in the Oregon portion of the Klamath River and its tributaries.

(f) The Anadromous Fish Conservation Plan prepared for Oregon Fish and Wildlife Commission approval shall provide policy direction to guide management of established Pacific Lamprey populations in the Oregon portion of the Klamath Basin. This plan will be incorporated into a comprehensive plan for fisheries management of the entire Klamath River Basin.

(3) Objectives:

(a) Monitor natural re-colonization of Pacific Lamprey into the Oregon portion of the Klamath River and its tributaries.

(b) Protect and improve Pacific Lamprey habitat in the Oregon portion of the Klamath River and its tributaries.

(c) Integrate self-sustaining populations of Pacific Lamprey returning to the Oregon portion of the Klamath River Basin into tribal, sport and commercial fisheries through development of an Anadromous Fish Conservation Plan.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
DFW 84-2008, f. & cert. ef. 7-28-08

Or. Admin. R. 635-500-4000 Mid-Coast Small Ocean Tributary Streams Fish Management — Applicability

OAR 635-500-4000 through 635-500-4100 apply to the mid-coast small ocean tributary streams. The small ocean tributary basins along the mid-coast have a combined size of about 371 square miles. Important small ocean tributary streams include Beaver, Big (Lincoln County), Cummins, Bob, Tenmile, Rock, Big (Lane County) and Cape creeks. Together, they have about 574 miles of stream. About one-half of the land in the basins of tributary streams is in private ownership. The U.S. Forest Service is also a major landowner. The Bureau of Land Management has small holdings in the basin. The dominant land use in the Oregon mid-coast is forestry. Areas managed as forest contain, or are used to produce coniferous and deciduous trees. Rural wood lots, land regenerating from cuts and burns, as well as mixed and pure stands of merchantable or non-merchantable timber are included.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4010 Organization of Rules

Administrative rules for the mid-coast small ocean tributary streams are contained in OAR 635-500-4020 through 635-500-4100. All issues related to management of salmon (except coho), steelhead, and cutthroat trout in these streams are addressed in the Coastal Multi-Species Conservation and Management Plan (635-500-6775).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 77-2014, f. & cert. ef. 6-24-14
DFW 60-2014, f. & cert. ef. 6-10-14
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4020 Mid-Coast Small Ocean Tributary Streams, All Waters

Policies and objective for fish management in mid-coast small ocean tributary streams, all waters.

(1) Policies:

(a) Fish management in mid-coast small ocean tributary streams shall be directed at protecting and restoring self-sustaining populations of all fish species native to the basin;

(b) Management of individual fish populations and their habitat shall only be emphasized when remedial actions are needed to address critical stocks or species, or when a population is the cause of constraints placed on mixed-stock fisheries or land use activities;

(c) Permanent natural barriers to fish migration shall not be altered to allow fish passage, and fish shall not be stocked above these barriers. However, existing fish ladders shall be maintained;

(d) Conservation objectives take priority over harvest objectives.

(2) Objective: Restore and maintain productive populations of all species of salmonids native to mid-coast small ocean tributary streams.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4050 Coho Salmon

Policy and objectives for coho salmon management in the mid-coast small ocean tributary streams.

(1) Policy: Mid-coast small ocean tributary streams shall be managed for production of naturally produced coho salmon.

(2) Objectives:

(a) Recover the naturally produced coho population in the Beaver Creek Basin (ocean tributary seven miles south of Newport) consistent with the six measurable criteria for desired status contained in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon);

(b) Recover the Beaver Creek naturally produced coho salmon sufficiently to allow an in-river fishery on naturally produced coho salmon consistent with OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon); and

(c) Recover the aggregate of dependent populations covered in this plan consistent with the two measurable criteria for the dependent populations contained in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 22-2007, f. & cert. ef. 4-5-07
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4080 Pacific Lamprey

Policy and objective for Pacific lamprey management in the mid-coast small ocean tributary streams.

(1) Policy: Mid-coast small ocean tributary basins shall be managed for wild production of Pacific lamprey.

(2) Objective: Maintain Pacific lamprey production in rivers and streams in mid-coast small ocean tributary streams where they naturally occur.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4090 Crayfish

Objectives for crayfish management in the mid-coast small ocean tributary streams. Objectives:

(1) Maintain natural production of crayfish in mid-coast small ocean tributary streams;

(2) Monitor the size and importance of the commercial crayfish harvest in mid-coast small ocean tributary streams;

(3) Determine the size and importance of the recreational crayfish harvest in mid-coast small ocean tributary streams.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4100 Public Access

Policies and objective for public access management in the mid-coast small ocean tributary streams.

(1) Policies:

(a) The Department shall seek to provide access for bank angling that will satisfy public need for a variety of angling opportunities and a dispersion of angling effort throughout the basins;

(b) Acquisition and development of angler access sites shall be consistent with guidelines and objectives for management of fish species and habitat.

(2) Objective: Increase bank angling access in mid-coast small ocean tributary streams.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4300 Salmon River Basin Fish Management Plan — Applicability

OAR 635-500-4300 through 635-500-4410 apply to the Salmon River Basin fish management plan. The Salmon River Basin is 77 square miles in size. It enters the Pacific Ocean north of Lincoln City. Most of the land in the Salmon River Basin is in private ownership. Federally owned land in the basin is located in U.S. Forest Service and Bureau of Land Management ownership in upland areas removed from most major streams. The dominant land use in the Oregon mid-coast is forestry. Areas managed as forest contain, or are used to produce coniferous and deciduous trees. Rural wood lots, land regenerating from cuts and burns, as well as mixed and pure stands of merchantable or non-merchantable timber are included.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4310 Organization of Rules

Administrative rules for the Salmon River Basin fish management plan are contained in OAR 635-500-4320 through 635-500-4410. All issues related to management of salmon (except coho), steelhead, and cutthroat trout in this basin are addressed in the Coastal Multi-Species Conservation and Management Plan (635-500-6775).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 77-2014, f. & cert. ef. 6-24-14
DFW 60-2014, f. & cert. ef. 6-10-14
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4320 Salmon River Basin, All Waters

Policies and objective for fish management in Salmon River Basin, all waters.

(1) Policies:

(a) Fish management in the Salmon River Basin shall be directed at protecting and restoring self-sustaining populations of all fish species native to the basin;

(c) Permanent natural barriers to fish migration shall not be altered to allow fish passage and fish shall not be transplanted above these barriers;

(d) Conservation objectives take priority over harvest objectives;

(e) Introduction of non-native fin fish species into flowing waters of the Salmon River Basin shall be prohibited.

(2) Objective: Restore and maintain productive populations of all species of salmonids native to Salmon River Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4360 Coho Salmon

Policies and objectives for coho salmon management in the Salmon River Basin

(1) Policies and Objectives for coho salmon management in the Salmon River Basin. The Salmon River shall be managed for the production of naturally produced coho salmon with an option for a hatchery program consistent with provisions in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon).

(2) Objectives: Recover the naturally produced coho population in the Salmon River Basin consistent with the six measurable criteria for desired status contained in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 22-2007, f. & cert. ef. 4-5-07
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4390 Pacific Lamprey

Policy and objective for Pacific lamprey management in the Salmon River Basin.

(1) Policy: The Salmon River Basin shall be managed for wild production of Pacific lamprey.

(2) Objective: Maintain or increase Pacific lamprey production in rivers and streams in the Salmon River Basin where they naturally occur.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4400 Crayfish

Objectives for crayfish management in the Salmon River Basin. Objectives:

(1) Maintain natural production of crayfish in the Salmon River Basin;

(2) Determine the size and importance of the recreational crayfish harvest in the Salmon River Basin;

(3) Maintain recreational crayfish harvest opportunity in the Salmon River Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4410 Public Access

Policies and objectives for public access management in the Salmon River Basin.

(1) Policies:

(a) The Department shall seek to provide access for boat and bank angling that shall satisfy public need for a variety of angling opportunities and a dispersion of angling effort throughout the basin;

(b) Acquisition and development of angler access sites shall be consistent with guidelines and objectives for management of fish species and habitat.

(2) Objectives:

(a) Provide and maintain one permanent boat access site in tidewater on the Salmon River and its tributaries;

(b) Maintain bank angling access in the Salmon River Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4500 Siletz River Basin Fish Management Plan — Applicability

OAR 635-500-4500 through 635-500-4640 apply to the Siletz River Basin fish management plan. The Siletz River Basin is 364 square miles in size. The main stem Siletz River is 68 miles long. Major tributaries include the North and South forks, Rock Creek, Euchre Creek, and Cedar Creek. Drift and Schooner Creeks flow into Siletz Bay near the mouth of the Siletz River. The Siletz River Basin is characterized by two distinct geologic zones. Most of the upper basin, including the Siletz Gorge and North Fork Siletz River, and tidewater tributaries including Drift and Schooner creeks are in an area of volcanic geology. This results in streams characterized by higher gradients and better summer flows. The middle sections of the basin are in areas of sedimentary geology which produce lower gradient streams and reduced summer flows. This geologic diversity creates substantial variation in stream characteristics in different parts of the basin which in turn results in a high diversity of native fish species. About 613 miles of stream in the Siletz River Basin are populated by salmonid fish species.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4510 Organization of Rules

Administrative rules for the Siletz River Basin fish management plan are contained in OAR 635-500-4520 through 635-500-4640. All issues related to management of salmon (except coho), steelhead, and cutthroat trout in this basin are addressed in the Coastal Multi-Species Conservation and Management Plan (635-500-6775).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 77-2014, f. & cert. ef. 6-24-14
DFW 60-2014, f. & cert. ef. 6-10-14
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4520 Siletz River Basin, All Waters

Policies and objective for fish management in the Siletz River Basin, all waters.

(1) Policies:

(a) Fish management in the Siletz River Basin shall be directed at protecting and restoring self-sustaining populations of all fish species native to the basin;

(c) Permanent natural barriers to fish migration shall not be altered to allow fish passage and fish shall not be transplanted above these barriers;

(d) Conservation objectives take priority over harvest objectives;

(e) Introduction of non-native fin fish species into flowing waters of the Siletz River Basin shall be prohibited.

(2) Objective: Restore and maintain productive populations of all species of salmonids native to the Siletz River Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4570 Coho Salmon

Policies and objectives for coho salmon management in the Siletz River Basin.

(1) Policies: The Siletz River Basin shall be managed for production of naturally produced coho salmon with an option for a hatchery program consistent with provisions in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon).

(2) Objectives:

(a) Recover the naturally produced coho population in the Siletz River Basin consistent with the six measurable criteria for desired status contained in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon);

(b) Recover Siletz River Basin naturally produced coho salmon sufficiently to prevent restrictions on fisheries targeting other species or fin clipped hatchery coho, and sufficiently to provide for future harvest in the Siletz River Basin consistent with OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon);

(c) Cooperate with the Siletz Tribe in developing a mutually acceptable fishery based on provisions in the Agreement (US Public Law 96-340).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 22-2007, f. & cert. ef. 4-5-07
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4610 White and Green Sturgeon

Policies and objective for white and green sturgeon management in the Siletz River Basin.

(1) Policies:

(a) Siletz River Basin management of white and green sturgeon shall be consistent with management in the lower Columbia and other coastal estuaries;

(b) There shall be no hatchery programs or transplants of sturgeon in the Siletz River Basin.

(2) Objective: Provide angling opportunities for sturgeon in the Siletz River Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4620 Pacific Lamprey

Policy and objective for Pacific lamprey management in the Siletz River Basin.

(1) Policy: The Siletz River Basin shall be managed for wild production of Pacific lamprey.

(2) Objective: Maintain or increase Pacific lamprey production in the Siletz River Basin where they naturally occur.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4630 Crayfish

Objectives for crayfish management in the Siletz River Basin. Objectives:

(1) Maintain natural production of crayfish in the Siletz River Basin;

(2) Determine the size and importance of the recreational crayfish harvest in the Siletz River Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4640 Public Access

Policies and objectives for public access management in the Siletz River Basin.

(1) Policies:

(b) Acquisition and development of angler access sites shall be consistent with guidelines and objectives for management of fish species and habitat.

(2) Objectives:

(a) Maintain sufficient boat launches to allow anglers to access to areas from Moonshine Park downstream to the mouth of Siletz Bay;

(b) Maintain bank angling access in the Siletz Gorge.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4800 Alsea River Basin Fish Management Plan — Applicability

OAR 635-500-4800 through 635-500-4940 apply to the Alsea River Basin. The Alsea River Basin is 466 square miles in size and contains about 950 miles of stream. The mainstem Alsea River is 43.5 miles long. Major tributaries include the North and South Forks of the Alsea River, Fall Creek, the Five Rivers system including Lobster Creek, and Drift Creek. The Alsea River enters the Pacific Ocean at Waldport, Oregon.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4810 Organization of Rules

Administrative rules for the Alsea River Basin fish management plan are contained in OAR 635-500-4820 through 635-500-4930. All issues related to management of salmon (except coho), steelhead, and cutthroat trout in this basin are addressed in the Coastal Multi-Species Conservation and Management Plan (635-500-6775).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 77-2014, f. & cert. ef. 6-24-14
DFW 60-2014, f. & cert. ef. 6-10-14
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4820 Alsea River Basin, All Waters

Policies and objective for fish management in the Alsea River Basin, all waters.

(1) Policies:

(a) Fish management in the Alsea River Basin shall be directed at protecting and restoring self-sustaining populations of all fish species native to the basin;

(c) Permanent natural barriers to fish migration shall not be altered to allow fish passage and fish shall not be transplanted above these barriers;

(d) Conservation objectives take priority over harvest objectives;

(e) Introduction of non-native fin fish species into flowing waters of the Alsea River Basin shall be prohibited.

(2) Objective: Restore and maintain productive populations of all species of salmonids native to the Alsea River Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4870 Coho Salmon

Policies and objectives for coho salmon management in the Alsea River Basin.

(1) Policies: The Alsea River Basin shall be managed for naturally produced coho production with an option for a hatchery program consistent with provisions in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon).

(2) Objectives:

(a) Recover the naturally produced coho population in the Alsea River Basin consistent with the six measurable criteria for desired status contained in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon);

(b) Recover Alsea River Basin naturally produced coho salmon sufficiently to prevent restriction on fisheries targeting other species or fin clipped hatchery coho, and sufficiently to provide for future harvest in the Alsea River Basin consistent with OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 22-2007, f. & cert. ef. 4-5-07
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4900 White and Green Sturgeon

Policies and objective for white and green sturgeon management in the Alsea River Basin.

(1) Policies:

(a) Management of white and green sturgeon in the Alsea River Basin shall be consistent with management in the lower Columbia River and other coastal estuaries;

(b) There shall be no hatchery program or transplants of sturgeon in the Alsea River Basin.

(2) Objective: Provide angling opportunities for sturgeon in the Alsea River Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4910 Pacific Lamprey

Policy and objective for Pacific lamprey management in the Alsea River Basin.

(1) Policy: The Alsea River Basin shall be managed for wild production of Pacific lamprey.

(2) Objective: Maintain or increase Pacific lamprey production in rivers and streams in the Alsea River Basin where they naturally occur.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4920 Crayfish

Objectives for crayfish management in the Alsea River Basin. Objectives:

(1) Maintain natural production of crayfish in the Alsea River Basin;

(2) Determine the size and importance of the recreational crayfish harvest in the Alsea River Basin;

(3) Maintain recreational crayfish harvest opportunity in the Alsea River Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-4930 Public Access

Policies and objectives for public access management in the Alsea River Basin.

(1) Policies:

(b) Acquisition and development of angler access sites shall be consistent with guidelines and objectives for management of fish species and habitat.

(2) Objectives:

(a) Maintain sufficient boat launches to allow anglers access to areas from Mill Creek downstream to the mouth of Alsea Bay;

(b) Maintain or improve bank angling opportunities along the mainstem Alsea River above Mill Creek and the North Fork Alsea River, and Fall Creek below the hatcheries;

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-5000 Yachats River Basin Fish Management Plan — Applicability

OAR 635-500-5000 through 635-500-5110 apply to the Yachats River Basin. The Yachats River Basin is about 44 square miles in size and contains about 69 miles of stream. Major tributaries of the Yachats River include the North Fork and School Fork. The Yachats River enters the Pacific Ocean at the town of Yachats. About two-thirds of the land in the Yachats River Basin is in federal ownership and nearly one-third privately owned.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-5010 Organization of Rules

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 77-2014, f. & cert. ef. 6-24-14
DFW 60-2014, f. & cert. ef. 6-10-14
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-5020 Yachats River Basin, All Waters

Policies and objective for fish management in the Yachats River Basin, all waters.

(1) Policies:

(a) Fish management in the Yachats River Basin shall be directed at protecting and restoring self-sustaining populations of all fish species native to the basin;

(c) Permanent natural barriers to fish migration shall not be altered to allow fish passage, and fish shall not be stocked above these barriers. However, existing fish ladders shall be maintained;

(d) Conservation objectives take priority over harvest objectives.

(2) Objective: Restore and maintain productive populations of all species of salmonids native to the Yachats River Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-5060 Coho Salmon

Policy and objectives for coho salmon management in the Yachats River Basin.

(1) Policy: The Yachats River Basin shall be managed for production of naturally produced coho salmon.

(2) Objectives:

(a) Recover the Yachats River Basin naturally produced coho population consistent with the two measurable criteria for dependent populations contained in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon).

(b) Recover Yachats River Basin naturally produced coho sufficiently to prevent restrictions on fisheries targeting other species or fin clipped hatchery coho, and sufficiently to provide for future harvest in the Yachats River Basin consistent with OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 22-2007, f. & cert. ef. 4-5-07
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-5090 Pacific Lamprey

Policy and objective for Pacific lamprey management in the Yachats River Basin.

(1) Policy: The Yachats River Basin shall be managed for wild production of Pacific lamprey.

(2) Objective: Maintain Pacific lamprey production in rivers and streams in the Yachats River Basin where they naturally occur.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-5100 Crayfish

Objectives for crayfish in the Yachats River Basin. Objectives:

(1) Maintain natural production of crayfish in the Yachats River Basin;

(2) Monitor the size and importance of the commercial crayfish harvest in the Yachats River Basin;

(3) Determine the size and importance of the recreational crayfish harvest in the Yachats River Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-5110 Public Access

Policy and objective for public access in the Yachats River Basin.

(1) Policy: Acquisition and development of angler access sites shall be consistent with guidelines and objectives for management of fish species and habitat.

(2) Objective: Increase bank angling access in the Yachats River Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-5200 Siuslaw River Basin Fish Management Plan — Applicability

OAR 635-500-5200 through 635-500-5340 apply to the Siuslaw River Basin. The Siuslaw River Basin is about 776 square miles in size. It contains about 1,242 miles of fish bearing stream. The Siuslaw River enters the Pacific Ocean near Florence, Oregon. The mainstem Siuslaw River is 110 miles long, including 22 miles of estuary. The Siuslaw has two major tributary systems. The North Fork Siuslaw River contains 118 miles of stream. Lake Creek contains about 203 miles of stream.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-5210 Organization of Rules

Administrative rules for the Siuslaw River Basin fish management plan are contained in OAR 635-500-5220 through 635-500-5340. All issues related to management of salmon (except coho), steelhead, and cutthroat trout in this basin are addressed in the Coastal Multi-Species Conservation and Management Plan (OAR 635-500-6775).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 77-2014, f. & cert. ef. 6-24-14
DFW 60-2014, f. & cert. ef. 6-10-14
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-5220 Siuslaw River Basin, All Waters

Policies and objective for fish management in the Siuslaw River Basin, all waters.

(1) Policies:

(a) Fish management in the Siuslaw River Basin shall be directed at protecting and restoring self-sustaining populations of all fish species native to the basin;

(c) Permanent natural barriers to fish migration shall not be altered to allow fish passage and fish shall not be transplanted above these barriers. However, existing fish ladders shall be maintained;

(d) Conservation objectives takes priority over harvest objectives;

(e) Introduction of non-native fish species into flowing waters of the Siuslaw River Basin shall be prohibited.

(2) Objective: Restore and maintain productive populations of all species of salmonids native to the Siuslaw River Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-5260 Coho Salmon

Policies and objectives for coho salmon management in the Siuslaw River Basin.

(1) Policies:

(a) The Siuslaw Basin shall be managed for naturally produced coho production with an option for a hatchery program consistent with the provisions in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon);

(b) The tidewater fishery for coho shall have priority over the freshwater coho fishery in the Siuslaw River Basin.

(2) Objectives:

(a) Recover the naturally produced coho population of the Siuslaw River Basin consistent with the six measurable criteria for desired status contained in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon);

(b) Recover Siuslaw River Basin naturally produced coho salmon sufficiently to allow fisheries targeting fin clipped hatchery coho consistent with OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon).

(c) Recover Siuslaw River Basin naturally produced coho salmon sufficiently to allow an in-river fishery on naturally produced coho consistent with OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 22-2007, f. & cert. ef. 4-5-07
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-5300 American Shad

Policies and objectives for American shad management in the Siuslaw River Basin.

(1) Policies:

(a) The Siuslaw River Basin shall be managed for wild production of American shad;

(b) Fisheries for American shad in the Siuslaw River Basin shall be limited to sport fisheries.

(2) Objectives:

(a) Maintain a self-sustaining population of American shad in the Siuslaw River Basin;

(b) Provide a recreational fishery for shad in the Siuslaw River Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-5310 White and Green Sturgeon

Policies and objective for white and green sturgeon management in the Siuslaw River Basin.

(1) Policies:

(a) Siuslaw River Basin management of white and green sturgeon shall be consistent with management in the lower Columbia and other coastal estuaries;

(b) There shall be no hatchery programs for sturgeon in the Siuslaw River Basin.

(2) Objective: Provide angling opportunities for sturgeon in the Siuslaw River Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-5320 Pacific Lamprey

Policy and objective for Pacific lamprey management in the Siuslaw River Basin.

(1) Policy: The Siuslaw River Basin shall be managed for wild production of Pacific lamprey.

(2) Objective: Maintain Pacific lamprey production in rivers and streams in the Siuslaw River Basin where they naturally occur.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-5330 Crayfish

Objectives for crayfish management in the Siuslaw River Basin. Objectives:

(1) Maintain natural production of crayfish in the Siuslaw River Basin;

(2) Monitor the size and importance of the commercial crayfish harvest in the Siuslaw River Basin;

(3) Determine the size and importance of the recreational crayfish harvest in the Siuslaw River Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-5340 Public Access

Policies and objectives for public access management in the Siuslaw River Basin.

(1) Policies:

(b) Acquisition and development of angler access sites shall be consistent with guidelines and objectives for management of fish species and habitat.

(2) Objectives:

(a) Maintain sufficient boat access to allow anglers access to navigable reaches of the Siuslaw River Basin;

(b) Increase bank angling access in the Siuslaw River Basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 5-1998, f. & cert. ef. 1-12-98

Or. Admin. R. 635-500-6000 Upper Deschutes River Subbasin Anadromous Fish Management — Applicability

OAR 635-500-6000 through 635-500-6060 apply to the upper Deschutes River subbasin including: the Crooked River subbasin upstream to Bowman and Ochoco Dams; the Metolius River subbasin including Suttle Lake, Blue Lake, and Link Creek; the Deschutes River subbasin upstream to Big Falls including Squaw Creek; Lake Billy Chinook, and Lake Simtustus. These areas are located on the east side of the Cascade Mountains in Central Oregon primarily in Deschutes, Jefferson, and Crook Counties.

History

Statutory/Other Authority: ORS 496.138, 496.14 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 129-2003, f. & cert. ef. 12-15-03

Or. Admin. R. 635-500-6010 Organization of Rules

(1) Administrative rules for the Upper Deschutes Subbasin anadromous fish management policies and objectives are organized as follows: Rule Number — Subject.

(2) OAR 635-500-6020 covers policies and objectives for summer steelhead management in the upper Deschutes subbasin.

(3) OAR 635-500-6030 covers policies and objectives for spring chinook management in the upper Deschutes subbasin

(4) OAR 635-500-6040 covers policies and objectives for sockeye salmon management in the upper Deschutes subbasin

(5) OAR 635-500-6050 covers policies and objectives for bull trout management in the upper Deschutes subbasin

(6) OAR 635-500-6060 covers policies and objectives for lamprey management in the upper Deschutes subbasin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 129-2003, f. & cert. ef. 12-15-03

Or. Admin. R. 635-500-6020 Summer Steelhead

(1) The following policies apply to summer steelhead management in the upper Deschutes subbasin:

(a) Only specific pathogen free hatchery reared eggs or juvenile summer steelhead will be released into the upper Deschutes River subbasin until they return as adults to the Pelton Trap.

(b) Only summer steelhead adults known to have originated upstream of Round Butte Dam or reared in a M. cerebralis free environment will be released above the dam until passage measures are proven successful.

(c) Summer steelhead of any origin may be considered for passage upstream of Round Butte Dam once it has been determined the population is able to sustain itself.

(d) The upper Deschutes River subbasin will be managed for native summer steelhead consistent with the Native Fish Conservation Policy (OAR 635-007-0503).

(2) The following objectives apply to summer steelhead management in the upper Deschutes subbasin:

(a) Maintain self-sustaining populations of naturally produced summer steelhead upstream of Round Butte Dam. A stock recruitment model will be developed for native summer steelhead to determine specific escapement numbers necessary to meet conservation goals.

(b) Provide a non-consumptive recreational fishery above Pelton if naturally produced summer steelhead spawner escapement exceeds conservation goals in five consecutive years.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 129-2003, f. & cert. ef. 12-15-03

Or. Admin. R. 635-500-6030 Spring Chinook

(1) The following policies apply to spring chinook management in the upper Deschutes subbasin:

(a) Only specific pathogen free hatchery reared eggs or juvenile spring chinook will be released into the upper Deschutes River subbasin until they return as adults to the Pelton Trap.

(b) Only spring chinook adults known to have originated upstream of Round Butte Dam or reared in a M. cerebralis free environment will be released above the dam until passage measures are proven successful.

(c) Spring chinook of any origin may be considered for passage into habitats upstream of Round Butte Dam once it has been determined the population is able to sustain itself.

(d) The upper Deschutes River subbasin will be managed for native spring chinook consistent with the Native Fish Conservation Policy (OAR 635-007-0503).

(2) The following objectives apply to spring chinook management in the upper Deschutes subbasin:

(a) Maintain conservation levels of self-sustaining populations of naturally produced spring chinook upstream of Round Butte Dam. A stock recruitment model will be developed for spring chinook to determine specific escapement numbers necessary to meet conservation goals.

(b) Provide opportunity to harvest spring chinook if spawner escapement goal is exceeds conservation goals in five consecutive years.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 129-2003, f. & cert. ef. 12-15-03

Or. Admin. R. 635-500-6040 Sockeye Salmon

(1) The following policies apply to sockeye salmon management in the upper Deschutes subbasin:

(a) Sockeye will be introduced into the Metolius River and tributaries including Suttle Lake and Link Creek through the release of hatchery reared specific pathogen free gametes and smolts into the Metolius and its tributaries.

(b) Adult sockeye arriving at the Pelton Ladder that are from a freshwater lineage will be spawned to provide the source of gametes and smolts for introduction into the Metolius River and its tributaries.

(c) Only selected adults of known Metolius River origin will be released upstream of Round Butte and Pelton Dams until passage measures are proven successful.

(d) Sockeye salmon of any origin may be considered for passage upstream of Round Butte Dam once it has been determined the population is able to sustain itself.

(e) The upper Deschutes River subbasin will be managed for hatchery and naturally produced sockeye in the Metolius River and tributaries consistent with the Native Fish Conservation Policy (OAR 635-007-0503).

(2) The following objectives apply to sockeye salmon management in the upper Deschutes subbasin:

(a) Achieve and maintain a self-sustaining population of naturally produced sockeye salmon in the Metolius River and its tributaries.

(b) Manage for a population level that allows for a naturally established equilibrium between resident kokanee and sockeye salmon in the Metolius River.

(c) Sockeye salmon in the lower Deschutes River will be managed to produce a fishery opportunity after recruits per spawner ratios have demonstrated a harvestable surplus in three successive years or after a predictive model has been established based on escapement.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 129-2003, f. & cert. ef. 12-15-03

Or. Admin. R. 635-500-6050 Bull Trout

(1) The following policies apply to bull trout management in the upper Deschutes subbasin:

(a) Bull trout populations in the upper and lower Deschutes subbasins will be reconnected through passage at the Pelton-Round Butte Hydroelectric Project.

(b) The Deschutes River basin will be managed for naturally produced bull trout consistent with the Native Fish Conservation Policy (OAR 635-007-0503).

(2) The following objectives apply to bull trout management in the upper Deschutes subbasin:

(a) Maintain naturally produced self-sustaining populations of bull trout in the Deschutes River basin.

(b) Bull trout in the upper and lower Deschutes subbasins will be managed to provide fisheries opportunities when conservation management objectives are met in three successive years. Fisheries opportunities will be assessed by population sub-unit.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 129-2003, f. & cert. ef. 12-15-03

Or. Admin. R. 635-500-6060 Pacific Lamprey

(1) The following policies apply to pacific lamprey management in the upper Deschutes subbasin:

(a) Pacific lamprey will be re-introduced into habitats in the upper Deschutes Basin. Adult lamprey will be passed above the Pelton-Round Butte Hydroelectric Project.

(b) Manage pacific lamprey in the Deschutes River and its tributaries for naturally produced sustainable populations consistent with the Native Fish Conservation Policy (OAR 635-007-0503), and the species protected status (OAR 635-044-0130).

(2) The following objective applies to pacific lamprey management in the upper Deschutes subbasin: Protect pacific lamprey in the Deschutes River basin.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 129-2003, f. & cert. ef. 12-15-03

Or. Admin. R. 635-500-6500 Implementing the Oregon Coast Coho Conservation Plan for the State of Oregon

(1) Policy. The Oregon Coast Coho Conservation Plan for the State of Oregon (Coast Coho Plan) (State of Oregon 2007, available at Department offices) implements the State’s strategy for protecting and enhancing Oregon coastal coho populations, in cooperation with other federal and local partners, including Oregon Plan natural resource agencies and NOAA Fisheries. This rule describes the Commission’s contribution toward this collective effort and directs the Department’s implementation of the Coast Coho Plan. The Coast Coho Plan is based on the following general premise: habitat management and improvement is the key to protecting and enhancing coastal coho; much of the most important coho habitat is on private land; habitat improvement on private land is most likely to occur through incentive-based cooperative partnerships with landowners; and fourth, and the Oregon Plan for Salmon and Watersheds provides the best vehicle for securing these partnerships and implementing habitat improvements. This rule describes the Department’s role in implementing the Coast Coho Plan consistent with the Department’s statutory authorities and the Native Fish Conservation Policy (OAR 635-007-0502 thru 635-007-0505). The rule is not intended to be a rigid recipe but rather to identify the range of opportunities the Department should pursue and how the effectiveness of those opportunities should be evaluated, following the template first established in the Native Fish Conservation Policy.

(2) Description of Species Management Unit and Populations. The Species Management Unit (SMU) for Oregon Coast coho is the Oregon Coast Coho Evolutionarily Significant Unit (ESU) that is comprised of component populations, variously defined as independent, potentially independent, and dependent, as described by the National Oceanic and Atmospheric Administration (NOAA) Oregon/Northern California Technical Recovery Team (TRT) reported in Lawson, et al. 2005. The Department adopts the definitions of coho populations proposed by the NOAA TRT. These include all historical coho streams flowing directly into the Pacific Ocean from, and inclusive of, the Necanicum River south to, and inclusive of, the Sixes River. To avoid confusion and because the SMU is the same as the federal ESU designation, the term ESU will be used to designate the SMU for Oregon Coast coho.

(3) Desired Status. The desired status goal is to improve coho habitat and coho populations across the Oregon Coast coho ESU so that:

(a) All independent populations perform at a level substantially above the level classified as sustainable, based on the Biological Recovery Criteria for the Oregon Coast Coho Salmon ESU, as described at the time of this rule’s adoption by the NOAA Oregon/Northern California TRT; and

(b) All dependent populations have habitat that is capable of supporting coho salmon at productive levels, especially during periods of medium or high marine survival, as defined by the Pacific Fishery Management Council’s (PFMC) Amendment 13 of the Salmon Fishery Management Plan;

(c) This desired status goal for the ESU shall be achieved when all independent and potentially independent coho populations pass all of the measurable criteria for independent and potentially independent populations and the aggregate of dependent populations within each bio-geographic stratum of the ESU pass both of the measurable criteria for dependent populations. In general, this means the average number of naturally produced coho spawners in the ESU is unlikely to drop below 100,000 fish even when marine survival is as poor as experienced during the early and mid 1990s when natural spawners averaged approximately 50,000 fish;

(d) The six measurable criteria for desired status of Oregon Coast coho independent or potentially independent populations are:

(A) Abundance;

(B) Persistence;

(D) Distribution/connectivity;

(E) Diversity; and

(F) Habitat.

(e) The two measurable criteria for dependent populations are:

(A) Spawner trend; and

(B) Habitat condition.

(f) The above measurable criteria are defined in the Metric and Evaluation Thresholds sections of each criterion in Appendix 2 of the Coast Coho Plan. While criterion for survival rate to each critical life history stage can not yet be developed with the available information and monitoring, staff shall establish a criterion for this biological attribute when adequate information and monitoring is available. Secondary criteria, such as age structure, are not incorporated into desired status criteria, but may be developed in the future to assess the effectiveness of specific management actions.

(4) Current Status. The current status of the Oregon Coast coho ESU at the time of the adoption of this rule is described in the State of Oregon’s Oregon Coastal Coho Assessment (May 6, 2005). This assessment describes the biological attributes, criteria and metrics used to assess the status of the ESU. Those biological attributes, criteria, and metrics are adopted by reference into this rule. The Department shall update current status periodically consistent with timelines described in Chapter 9 of the Coast Coho Plan, Application of Adaptive Management, but these updates do not require rule modification of current status, but rather will serve as a measurement of progress toward desired status.

(5) Primary Limiting Factors.

(a) Numerous factors contribute to the gap between current and desired status of populations comprising the Oregon Coast coho ESU. Marine survival of coho associated with ocean conditions is the largest single factor regulating coho productivity and abundance. Marine survival is not considered a primary limiting factor for coho because the desired status criteria are scaled appropriately for variable marine survival and because management has little influence on marine survival;

(b) The factors generally causing the gap between current and desired status for the Oregon Coast coho ESU that can be managed are, in general order of importance for the ESU:

(A) Stream habitat complexity;

(B) Water quality;

(D) Hatchery impacts;

(E) Water quantity; and

(F) Spawning gravel.

(c) Primary and secondary limiting factors are identified for each population within the ESU in Table 4 of the Coast Coho Plan. Staff will continue to help identify management actions addressing these factors to aid reaching desired status. Staff may analyze the limiting factors at a finer, more localized scale when selecting or prioritizing management actions for specific areas. These analyses may find primary and secondary factors different than what was found at the ESU or population scale.

(6) Management Strategies. Staff shall consider and attempt to implement these management strategies designed for the SMU as a whole, and for constituent populations as applicable, as mechanisms to reach the desired status:

(a) Short-term Strategies (1 to 5 years):

(A) Provide technical support to local watershed groups to identify and address primary and secondary limiting factors at local scales within populations, with emphasis on independent and potentially independent populations;

(B) Modify hatchery coho programs in the Salmon River and the North Umpqua River thereby addressing the primary factor currently limiting viability of these populations.

(b) Long-term Strategies (1 to 25 years):

(A) Manage hatchery coho programs in a manner that will contribute to fisheries and attainment of the desired status goal;

(B) Manage harvest impacts to naturally produced coho consistent with the Pacific Fishery Management Council’s (PFMC’s) Amendment 13 of the Salmon Fishery Management Plan, includ-ing subsequent modifications to the plan;

(C) Provide monitoring data applicable to annual and periodic reviews of the efficacy of the PFMC’s Amendment 13 to support the desired status goal for the Oregon Coast Coho ESU;

(D) Provide technical support to, and coordinate with, federal, state and local agencies and groups to protect existing high quality coho habitat;

(E) Provide technical support to, and coordinate with, federal, state and local agencies and groups to create additional high quality coho habitat;

(F) Provide technical and outreach support to willing landowners that will enhance the maintenance and/or creation of beaver dams in appropriate habitats.

(7) Adaptive Management. The Department shall employ adaptive management principles within its statutory authority in support of achieving the desired status goal for the ESU. The Department’s contribution to adaptive management of the ESU by the state of Oregon will include five elements: research, monitoring, evaluation, a feedback loop, and reporting:

(a) Research. The Department shall identify and support research that addresses uncertainties related to management strategies and actions needed to achieve desired status. Research needs identified in the Coast Coho Plan at the time of adoption (but which are not intended to be the exclusive research projects to be pursued) are:

(A) The mechanisms that cause poor ocean survival of coho and methods to predict ocean survival conditions;

(B) The relative importance of limiting factors to coho throughout freshwater and estuarine residence;

(D) The methods to maintain, enhance, or promote beaver dams in areas where they can create or maintain high quality coho rearing habitat;

(E) The impact of predation (from marine mammals, birds, and exotic fishes) on Oregon Coast coho;

(F) The re-establishment of a naturally producing coho population in Salmon River; and

(G) The development of standardized tools to evaluate limiting factors at stream-reach scales;

(H) Future research needs shall be identified during periodic assessments of the effectiveness of the Coast Coho Plan.

(b) Monitoring. The Department shall identify, implement, and support monitoring needed to assess the status of coho populations relative to desired status criteria, evaluate habitat status trends in the Oregon Coast coho ESU, and evaluate the effectiveness of management actions:

(A) The Department shall immediately implement annual juvenile coho, adult coho and habitat monitoring, as funding allows and as approved by the Oregon Plan Monitoring Team, at levels that provide estimates at the scale of independent population and dependent populations aggregated by strata:

(B) A monitoring need identified in the Coast Coho Plan at the time of plan adoption is the monitoring of habitat restoration projects;

(c) Evaluation. The Department shall identify and support evaluation needed to determine the effectiveness of management strategies and actions in achieving their intended outcomes:

(A) An evaluation need identified in the Coast Coho Plan at the time of adoption is the evaluation of habitat protection, management and restoration programs in the Oregon Coast ESU;

(B) Future evaluation needs shall be identified during periodic assessments of the effectiveness of the Coast Coho Plan.

(d) Feedback Loop. The Department shall review the results of assessments identified in 635-500-6500(7)(e) and modify management strategies and actions as appropriate and within its statutory authority based on the review results. The Department shall recommend to the Oregon Plan Core Team and other agencies or entities, as necessary, appropriate modifications to management strategies and actions needed to support attainment of the desired status goal for the ESU. This feedback shall include refinement of research, monitoring and evaluation programs and desired status criteria based on the best available scientific information;

(e) Reporting. Monitoring data analyzed for the annual and periodic evaluation of ESU status shall be made available to the public. As part of the Oregon Plan Core Team, the Department shall help prepare a report available to the public summarizing the results of the 6-year (2013), 12-year (2019) and each subsequent 12-year assessment, or additional assessments called for by the Oregon Plan Core Team, of the effectiveness of the Coast Coho Plan;

(f) Modifications to the Coast Coho Plan are required if the fish become listed under the federal ESA or by the direction of the Oregon Plan Core Team in periodic Coast Coho Plan status reports. These reports by the Core Team will serve as an early warning system that will direct additional monitoring, evaluation, or management actions, if needed, based on annual review of monitoring data.

(8) Impact on Other Native Fish Species. Management strategies identified in the Coast Coho Plan are likely to be neutral or somewhat beneficial to other native fish species present in the ESU. New or modified actions shall consider impacts to other native species, as appropriate, to minimize harm and optimize benefits.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 22-2007, f. & cert. ef. 4-5-07

Or. Admin. R. 635-500-6525 Rogue Spring Chinook Conservation Plan

(1) Background. The Rogue Spring Chinook Salmon Conservation Plan of 2007 (Rogue Spring Chinook Plan, available at Department offices) implements the Commission’s strategy for the management of this population of naturally produced native fish by the Department, in cooperation with other state, federal and local partners. The Rogue Spring Chinook Plan is based on the general premise that habitat management and fishery management are critical to ensure the conservation and enhancement of this population of native fish. The Commission believes that habitat management is most likely to be successful by working cooperatively with the United States Army Corps of Engineers on reservoir management issues in the Rogue River Basin, and by encouraging the maintenance and improvement of aquatic and riparian habitat as outlined by the Oregon Plan for Salmon and Watersheds. This rule describes a strategy for the use of Department statutory authorities to implement the requirements of the Native Fish Conservation Policy (OAR 635-007-0502 thru 635-007-0505). The Rogue Spring Chinook Plan is not intended to be a rigid recipe, but does prescribe generalized management strategies the Department will pursue; and how the efficacy of those strategies and allied management actions will be evaluated.

(2) Species Management Unit and Population Description. The Species Management Unit (SMU) for Rogue spring chinook salmon includes that area of the Rogue River Basin upstream of Gold Ray Dam. Gold Ray Dam is located on the Rogue River at river mile 126. Only one population of spring chinook salmon is present in the SMU.

(3) Desired Status. The desired status goal is to manage Rogue spring chinook salmon and their habitat so that:

(a) The population is sustained for a minimum of 100 years;

(b) The productive capacity of the habitat is maintained in order to provide ecological, economic, and cultural benefits; and

(d) The six measurable criteria that describe the desired status goal for Rogue spring chinook salmon are:

(A) Abundance;

(B) Migration timing;

(D) Spawning distribution;

(E) Spawner composition; and

(F) Population persistence.

(e) The above measurable criteria are defined in Table 9 of the Desired Biological Status section of the Rogue Spring Chinook Plan, and are adopted by reference into this rule. The desired status goal for the SMU shall be judged to be achieved upon attainment of all of the measurable criteria. Other criteria related to productivity (standardized rate of population growth) and survival rate to each critical life history stage may be developed in the future if new information becomes available, or may be developed in the event that the fish counting station at Gold Ray Dam becomes inoperable. Implementation of any new criteria, or the deletion of any current criteria, will necessitate modification of this rule.

(4) Current Status. The current status of the Rogue Spring Chinook SMU, at the time of adoption of this rule, is described in Table 10 of the Current Status section of the Rogue Spring Chinook Plan. Criteria used to characterize current status shall be structured so as to allow for the direct comparison of current and desired status of the SMU. The Department shall annually update the current status of the SMU. Annual updates will serve as a measurement of progress toward desired status, and thus will not require rule modification of current status.

(5) Primary Limiting Factors.

(a) Numerous factors contribute to the gap between current and desired status of the Rogue spring chinook SMU.

(b) The primary non-manageable limiting factor is marine survival rates associated with variable ocean conditions. At the time of adoption of this Conservation Plan, manageable primary limiting factors responsible for the gap between current and desired status are:

(A) Limited spawning habitat;

(B) Reservoir operation of Lost Creek Lake; and

(6) Management Strategies. Department staff shall attempt to implement the following management strategies as mechanisms designed to result in the attainment of desired status for the Rogue Spring Chinook SMU. These strategies are directed at primary and secondary factors that currently limit attainment of desired status, or are judged to be potential risks to attainment of desired status in future years:

(a) Short-term Strategies (1 to 5 years):

(A) Decrease rates of predation on naturally produced spring chinook salmon with intent to increase the survival rates of naturally produced spring chinook salmon.

(b) Long-term Strategies (1 to 25 years):

(A) Implement actions designed to ensure that Lost Creek Lake is managed to maintain a viable population of naturally produced spring chinook salmon that exhibits, as much as possible, historic life history characteristics and continue actions designed to protect habitat in the Rogue River downstream of Lost Creek Lake with intent to maintain and enhance quantity and quality of habitat available to naturally produced spring chinook salmon that spawn in the Rogue River Basin.

(B) Manage spring chinook salmon of hatchery origin so as to minimize the risk of genetic changes among naturally produced fish and to maintain the genetic integrity, and life history characteristics, of that portion of the natural population that historically spawned in upstream areas prior to the construction of Lost Creek Dam with intent to maintain the genetic integrity of naturally produced spring chinook salmon.

(C) Enhance the production of naturally produced spring chinook salmon in Big Butte Creek. The intent of this strategy is to increase the amount of habitat available for the production of naturally produced spring chinook salmon.

(D) Manage fisheries to sustain productivity for all segments of the population of naturally produced spring chinook salmon, with a secondary objective of increasing harvest opportunities for hatchery fish produced to mitigate for blocked habitat. The intent of this strategy is to ensure sustainability of the historic life history characteristics of naturally produced spring chinook salmon while maximizing freshwater harvest opportunities for spring chinook salmon of hatchery origin.

(7) Deterioration in Status.

(a) Additional conservation actions, or plan modification, will be employed by the Department if monitoring shows the SMU status has dropped below criteria levels defined in Table 23 in the Criteria Indicating Deterioration in Status section of the Rogue Spring Chinook Plan and are adopted by reference into this rule.

(b) Additional conservation actions to be taken will be dependent on Department assessments that predict which criteria will be reached and the degree of criteria deterioration.

(c) Implementation of any new criteria, or the deletion of any current criteria, will necessitate modification of this rule.

(8) Adaptive Management. The Department shall employ adaptive management principles within its statutory authority in support of achieving the desired status goal for the Rogue Spring Chinook SMU. The adaptive management approach employed by the Department will include five elements: research, monitoring, evaluation, reporting, and modification of corrective strategies.

(a) Research: The Department shall identify and support research that, as funding and staffing allows, addresses uncertainties related to management strategies and actions needed to achieve desired status. Research needs, at the time of plan adoption, are identified in the Rogue Spring Chinook Plan (but which are not intended to be the exclusive research projects to be pursued). Future research needs may be identified, or research needs described at the time of plan adoption may be modified, as a result of periodic assessments of the Rogue Spring Chinook Plan.

(b) Monitoring: The Department shall identify, implement, and support monitoring needed to assess the status of the Rogue Spring Chinook SMU relative to desired status criteria, current status criteria, and criteria indicating significant deterioration in status. Future monitoring needs may be identified during periodic assessments of the Rogue Spring Chinook Plan.

(c) Evaluation: The Department shall identify and support evaluation that is needed, as funding and staffing allows, to determine the effectiveness of management strategies and actions in achieving intended outcomes. Future evaluation needs may be identified, or evaluation needs described at the time of plan adoption may be modified, as a result of periodic assessments of the Rogue Spring Chinook Plan.

(d) Reporting: The Department will develop, and will make available to the public:

(A) Annual reports of SMU status. Annual reports will present:

(i) Current SMU status as assessed by monitoring;

(ii) A summary of results from research or evaluation activities; and

(iii) Department rationale associated with any adaptive changes made to management actions.

(B) summary reports of SMU status. Summary reports will outline progress made towards attainment of desired status every five years; and

(C) comprehensive assessments of the Conservation Plan efficacy. Comprehensive assessments of plan efficacy will be completed for intervals that do not exceed 15 years, beginning with the year 2020.

(9) Process to Modify Strategies.

(a) In the event that a status review indicates that criteria indicative of status deterioration will likely be realized, the Department will craft management options to address the need to temporarily modify the Rogue Spring Chinook Plan. These options will be presented in the annual report, and the Department will solicit public input prior to selection of a course of action.

(b) In the event that a status review indicates that management strategies should be modified to ensure attainment of desired status, or in the event of critical changes in local, state, or federal laws, the Department will develop revised options for management strategies to address the need to modify the Rogue Spring Chinook Plan. These options will be presented in a special report, and the Department will solicit public input prior to selection of a course of action.

(c) Specific management actions for management strategies adopted into rule may be modified by the Department under the principle of adaptive management.

(d) Actions may be revised to improve performance, or actions may be terminated and be replaced by other actions that are determined to be more effective.

(e) Rationale associated with any changes in management actions will be detailed in annual status reports developed by the Department, and where applicable, will be linked to findings from monitoring, evaluation, and research efforts.

(10) Impact on Other Native Fish Species. Management strategies identified in the Rogue Spring Chinook Plan are likely to be collectively neutral or somewhat beneficial to other native fish species present in the SMU. New or modified management actions shall consider projected impacts to other native species of fish and if needed, will be modified to ensure compliance with:

(a) Department policy; and

(b) State, federal, and local laws.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 89-2007, f. & cert. ef. 9-12-07

Or. Admin. R. 635-500-6550 Conservation and Recovery Plan for Oregon Steelhead Populations in the Middle Columbia River Steelhead Distinct Population Segment

(1) Policy. The Conservation and Recovery Plan for Oregon Steelhead Populations in the Middle Columbia River Steelhead Distinct Population Segment (Oregon Mid-C Steelhead Plan) (State of Oregon 2010, available at Oregon Department of Fish and Wildlife offices) implements the State’s strategy for protecting and enhancing Oregon populations of steelhead in the Middle Columbia, in cooperation with other federal and local partners, including Oregon Plan natural resource agencies and NOAA Fisheries. This rule describes the Commission’s contribution toward this collective effort and directs the Department’s implementation of the Oregon Mid-C Steelhead Plan. The Oregon Mid-C Steelhead Plan is based on the following general premises: first, that habitat management and improvement is the key to protecting and enhancing Mid-C steelhead; second, that much of the most important steelhead habitat is on private land; third, that habitat improvement on private land is most likely to occur through incentive-based cooperative partnerships with landowners; and fourth, that the Oregon Plan for Salmon and Watersheds provides the best vehicle for securing these partnerships and implementing habitat improvements. This rule describes the Department’s role in implementing the Oregon Mid-C Steelhead Plan consistent with the Department’s statutory authorities and the Native Fish Conservation Policy (OAR 635-007-0502 thru 635-007-0505). The rule is not intended to be a rigid recipe but rather to identify the range of opportunities the Department should pursue and how the effectiveness of those opportunities should be evaluated, following the template first established in the Native Fish Conservation Policy.

(2) Description of Species Management Unit and Populations. The Species Management Unit (SMU) for Oregon Mid-C steelhead is the Oregon portion of the Middle Columba Distinct Population Segment (DPS) that is comprised of component major population groups (MPGs) and independent populations, as described by the National Oceanic and Atmospheric Administration (NOAA) Interior Columbia Technical Recovery Team (ICTRT) reported in ICTRT in 2003 and 2005. The Department adopts the definitions of steelhead populations proposed by the NOAA ICTRT. These include all significant Oregon streams flowing directly into the Columbia River from, and inclusive of, Fifteenmile Creek east to, and inclusive of, the Walla Walla River. To avoid confusion and because the SMU is the same as the federal DPS designation, the term DPS will be used to designate the SMU for Oregon Mid-C steelhead.

(3) Desired Status. The desired status goal for Oregon populations of Mid-C steelhead is two-tiered such that:

(a) Initial improvements in steelhead survival from actions implemented for habitat, hydrosystem and hatcheries so that:

(A) The DPS-level criteria, based on the Viability Criteria for Application to Interior Columbia Basin Salmonid ESUs as described by the NOAA ICTRT in 2007, are met for long-term persistence of the DPS; and

(B) Those independent populations identified in the MPG Recovery Scenarios in Section 5 of the plan as needing to be viable achieve the level classified as viable, based on the Viability Criteria for Application to Interior Columbia Basin Salmonid ESUs, as described by the NOAA ICTRT in 2007.

(b) Eventual improvements in steelhead survival from management actions provide for all independent populations to be sufficiently abundant, productive, and diverse (in terms of life histories and geographic distribution) so that they provide significant ecological, social, cultural, and economic benefits.

(c) This broad sense recovery goal for the DPS shall be achieved when all Oregon independent Mid-C steelhead populations pass all of the measurable criteria for highly viable and reintroduction efforts are underway for extirpated populations.

(d) The seven measurable criteria for desired status of Oregon Mid-C steelhead independent populations are:

(A) Abundance;

(B) Productivity;

(D) Life history, phenotypic and genotypic variation expression;

(E) Natural spawner composition;

(F) Habitat occupancy; and

(G) Habitat integrity and selective mortality.

(e) The above measurable criteria are defined in Section 5 of the Oregon Mid-C Steelhead Plan. While criteria for survival rate to each critical life history stage can not yet be developed with the available information and monitoring, staff shall establish such criteria for these biological attributes when adequate information and monitoring is available.

(4) Current Status. The current status of the Oregon Mid-C steelhead DPS at the time of the adoption of this rule is described in Section 6 of the Oregon Mid-C Steelhead Plan. This assessment describes the biological attributes, criteria and metrics used to assess the status of the DPS. Those biological attributes, criteria, and metrics are adopted by reference into this rule. The Department shall update current status periodically consistent with timelines described in Section 12 of the Oregon Mid-C Steelhead Plan, Implementation and Adaptive Management, but these updates do not require rule modification of current status, but rather will serve as a measurement of progress toward desired status.

(5) Primary Limiting Factors.

(a) Numerous factors contribute to the gap between current and desired status of populations comprising the Oregon Mid-C Steelhead DPS. Marine survival of steelhead associated with ocean conditions is the largest single factor regulating steelhead productivity and abundance. Marine survival is not considered a primary limiting factor for steelhead because management has little influence on marine survival.

(b) The factors generally causing the gap between current and desired status for the Oregon Mid-C Steelhead DPS that can be managed are:

(A) Impaired mainstem Columbia River and tributary fish passage;

(B) Stream habitat complexity including riparian condition;

(D) Water quantity;

(E) Altered sediment routing;

(F) Blocked access to historical habitat;

(G) Hatchery impacts; and

(H) Predation.

(c) Primary and secondary limiting factors are identified for each population within the Oregon portion of the DPS in Section 8 of the Oregon Mid-C Steelhead Plan. Staff will continue to help revise and identify new management actions addressing these factors to aid in reaching desired status. Staff may analyze the limiting factors at a finer, more localized scale when selecting or prioritizing management actions for specific areas. These analyses may find primary and secondary factors different at a local scale than what was found at the DPS or population scale.

(6) Management Strategies. Staff shall consider and attempt to implement these management strategies designed for the DPS as a whole, and for constituent populations as applicable, as mechanisms to reach the desired status.

(a) Short-term Strategies (1 to 5 years):

(A) Provide technical support to local watershed groups to inform them of the primary and secondary limiting factors at local scales within populations.

(B) Educate and inform watershed groups and co-managers of the highest priority tributary management actions. Facilitate implementation of the highest priority tributary habitat actions.

(D) Facilitate the implementation of the adaptive management strategy and framework identified in Section 12 of the Oregon Mid-C Steelhead Plan.

(E) Implement actions to reduce the abundance of stray hatchery origin steelhead in the Deschutes River populations.

(F) Continue to support improvement in flow and passage conditions in mainstem Columbia River hydrosystem operations.

(b) Additional Long-term Strategies (1 to 25 years):

(A) Manage hatchery steelhead programs in a manner that will contribute to fisheries and attainment of the desired status goal.

(B) Continue to manage for low impact recreational and commercial fisheries to manage harvest impacts to naturally produced steelhead consistent with the US vs OR Columbia River Management Agreement.

(C) Provide monitoring data and conduct analyses for applicable annual and periodic reviews to assess action effectiveness and support the desired status goal for the Oregon Mid-C Steelhead DPS.

(D) Provide technical support to, and coordinate with, federal, state and local agencies and groups to protect existing high quality steelhead habitat.

(E) Provide technical support to, and coordinate with, federal, state and local agencies and groups to create additional high quality steelhead habitat.

(F) Provide technical and outreach support to willing landowners that will enhance the maintenance and/or creation of high quality steelhead habitat.

(G) Restore sustained natural steelhead production to blocked areas in the upper Deschutes Basin.

(H) Reduce the abundance of stray hatchery steelhead in the John Day River populations.

(I) Improve the quality of abundance, productivity, spatial structure, and diversity information for select populations in the Oregon Mid-C Steelhead DPS.

(7) Adaptive Management. The Department shall employ adaptive management principles within its statutory authority in support of achieving the desired status goal for the DPS by participating in the adaptive management and implementation processes defined in Section 12 of the Oregon Mid-C Steelhead Plan. The Department’s contribution to adaptive management of the DPS by the state of Oregon will include five elements: research; monitoring; evaluation; a feedback loop; and reporting.

(a) Research. The Department shall support high priority research identified in the Plan that addresses uncertainties related to management strategies and actions needed to achieve desired status. Research needs identified in the Oregon Mid-C Steelhead Plan at the time of adoption (but which are not intended to be the exclusive research projects to be pursued) are:

(A) The effectiveness of hatchery supplementation to enhance natural production in the Umatilla River population;

(B) The relative importance of limiting factors to steelhead throughout freshwater and estuarine residence;

(C) The survival and productivity benefits provided by tributary habitat, mainstem hydrosystem, hatchery, estuary and predation control management actions;

(D) The methods to maintain, enhance, or promote high quality steelhead rearing and spawning habitat;

(E) The impact of predation (from marine mammals, birds, and exotic fishes) on Oregon Mid-C steelhead;

(F) Effectiveness of the re-establishment of a naturally producing steelhead in the upper Deschutes River Basin;

(G) Improved methodologies to determine population abundance and productivity; and

(H) The impacts of stray hatchery steelhead on the viability of Deschutes River populations.

(I) Future research needs shall be identified during periodic assessments of the effectiveness of the Oregon Mid-C Steelhead Plan.

(b) Monitoring. The Department shall continue to identify, implement, and support monitoring needed to assess the status of the DPS and steelhead populations relative to desired status criteria, evaluate habitat status trends in the Oregon Mid-C steelhead DPS, and evaluate the effectiveness of management actions.

(A) The Department shall immediately enhance implementation of annual juvenile steelhead, adult steelhead and habitat monitoring, as funding allows and under the guidance of the Mid-C Technical Team, at levels that provide estimates at the scale of independent populations and MPG’s.

(B) Monitoring needs identified in the Oregon Mid-C Steelhead Plan at the time of plan adoption include the monitoring of habitat restoration projects, abundance of hatchery origin spawners, life stage specific survival rate, and harvest rates.

(C) Future monitoring needs shall be identified during periodic assessments of the effectiveness of the Oregon Mid-C Steelhead Plan.

(c) Evaluation. The Department shall identify and support evaluation needed to determine the effectiveness of management strategies and actions in achieving their intended outcomes.

(A) Evaluation needs identified in the Oregon Mid-C Steelhead Plan at the time of adoption are the evaluation of effectiveness of habitat protection, management and restoration programs in the Oregon Mid-C Steelhead DPS.

(B) Future evaluation needs shall be identified during periodic assessments of the effectiveness of the Oregon Mid-C Steelhead Plan.

(d) Feedback Loop. The Department shall review the results of assessments identified in 635-500-6550(7)(e) and modify management strategies and actions as appropriate and within its statutory authority based on the review results. The Department shall implement the Adaptive Management processes identified in the Oregon Mid-C Steelhead Plan and recommend to the Oregon Mid-C Recovery and Oregon Plan Core Teams and other agencies or entities, as necessary, appropriate modifications to management strategies and actions needed to support attainment of the desired status goal for the DPS. This feedback shall include refinement of management actions, research, monitoring and evaluation programs and desired status criteria based on the best available scientific information.

(e) Reporting. Monitoring and evaluation data analyzed for the annual and periodic evaluation of DPS status and Plan implementation shall be made available to the public. As part of the Mid-C Technical and Recovery Teams, the Department shall participate in the preparation of a report summarizing the results for the 5-year (2014) status update and each subsequent 5-year assessment, or additional assessments called for by the Oregon Recovery Team, of the effectiveness of the Oregon Mid-C Steelhead Plan.

(f) Modifications to the Oregon Mid-C Steelhead Plan are required if the fish become listed as endangered under the federal ESA or by the direction of the Oregon Mid-C Recovery Team in periodic Oregon Mid-C Steelhead Plan status reports. These reports by the Recovery Team will serve as an early warning system that will direct additional monitoring, evaluation, or management actions, if needed, based on annual review of monitoring data.

(8) Impact on Other Native Fish Species. Management strategies identified in the Oregon Mid-C steelhead Plan are likely to be beneficial to other native fish species present in the DPS because they focus on restoring natural processes. New or modified actions shall consider impacts to other native species, as appropriate, to minimize harm and optimize benefits.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129
DFW 11-2010, f. & cert. ef. 2-8-10

Or. Admin. R. 635-500-6575 Implementing the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead

(1) Policy. The Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (Oregon LCR Recovery Plan) (State of Oregon 2010, available at Department offices) implements the State’s strategy for protecting and enhancing Oregon populations of coho salmon, Chinook salmon, chum salmon, and steelhead trout in the Lower Columbia, in cooperation with other federal and local partners, including Oregon Plan natural resource agencies and NOAA Fisheries. The Oregon LCR Plan is based on the premise that the Oregon Plan for Salmon and Watersheds provides the best vehicle for securing partnerships, both private and governmental, to successfully implement the actions called for in this plan. This rule describes the Commission’s contribution toward this collective effort and directs the Department’s implementation of the Oregon LCR Recovery Plan. This rule describes the Department’s role in implementing the Oregon LCR Recovery Plan consistent with the Department’s statutory authorities and the Native Fish Conservation Policy (OAR 635-007-0502 thru 635-007-0505). The rule is not intended to be a rigid recipe but rather to identify the range of opportunities the Department should pursue and how the effectiveness of those opportunities should be evaluated, following the template first established in the Native Fish Conservation Policy.

(2) Description of Species Management Unit and Populations. The Species Management Units (SMUs) for Oregon Lower Columbia salmon and steelhead are the Oregon portions of the Lower Columba River Evolutionarily Significant Units (ESUs) for coho and Chinook, the Columbia River ESU for chum, and the Lower Columbia River and Southwest Washington Distinct Population Segments (DPSs) for steelhead that are comprised of geographical strata and independent populations, as defined in Chapter 2 of the Oregon LCR Plan. To avoid confusion and because the SMUs are the same as the federal ESUs, or DPSs, designations, the term ESU will be used to designate the SMUs for Oregon Lower Columbia salmon and steelhead.

(3) Desired Status. The desired status goal for Oregon populations of Lower Columbia salmon and steelhead is two-tiered such that:

(a) Delisting Goal. All ESUs covered by the Oregon LCR Recovery Plan can be removed from the federal Endangered Species Act threatened and endangered list. This shall be achieved through the following:

(A) All independent populations achieve the status called for under the Desired Status for Delisting identified in Chapter 6 of the plan; and

(B) Significant improvements are achieved in salmon and steelhead survival from actions implemented to reduce habitat, hydrosystem, harvest, hatcheries, and/or predation threats, as identified in Chapter 6 for each population; and

(b)(A) Broad Sense Goal. Eventual improvements in salmon and steelhead survival from management actions provide for all independent populations to be sufficiently abundant, productive, and diverse (in terms of life histories and geographic distribution) so that they provide significant ecological, social, cultural, and economic benefits. These broad sense recovery goals for the ESUs shall be achieved by the following:

(B) All Oregon independent Lower Columbia River salmon and steelhead populations pass all of the measurable criteria for highly viable status.

(c) The three measurable criteria for desired status of Oregon Lower Columbia salmon and steelhead independent populations are defined in Chapter 8 of the Oregon LCR Recovery Plan and include:

(A) Abundance and productivity;

(B) Spatial structure; and

(d) While criteria for survival rate to each critical life history stage can not yet be developed with the available information and monitoring, staff shall establish such criteria for these biological attributes when adequate information and monitoring is available.

(4) Current Status. The current status of each Oregon Lower Columbia salmon and steelhead ESU at the time of the adoption of this rule is described in Chapter 4 of the Oregon LCR Recovery Plan. This assessment describes the biological attributes, criteria and metrics used to assess the status of each ESU. Those biological attributes, criteria, and metrics are adopted by reference into this rule. The Department shall update current status periodically consistent with timelines described under Adaptive Management in Chapter 9 of the Oregon LCR Recovery Plan. These updates do not require rule modification of current status, but rather will serve as a measurement of progress toward desired status.

(5) Primary Limiting Factors.

(a) Numerous factors contribute to the gap between current and desired status of populations comprising the Oregon Lower Columbia Salmon and Steelhead ESUs. Marine survival of salmon and steelhead associated with ocean conditions is the largest single factor regulating salmon and steelhead productivity and abundance. Marine survival is not considered a primary limiting factor for salmon and steelhead because management has little influence on marine survival.

(b) The factors generally causing the gap between current and desired status for the Oregon Lower Columbia Salmon and Steelhead ESUs that can be managed are:

(A) Impaired fish passage;

(B) Stream habitat complexity including riparian condition;

(D) Water quantity;

(E) Altered hydrology;

(F) Excessive sediment;

(G) Harvest;

(H) Hatchery fish interactions; and

(I) Predation.

(c) Primary and secondary limiting factors are identified for each population within the Oregon portion of each ESU in Chapter 5 of the Oregon LCR Recovery Plan. Staff will continue to help revise and identify new management actions addressing these factors to aid in reaching desired status. Staff may analyze the limiting factors at a finer, more localized scale when selecting or prioritizing management actions for specific areas. These analyses may find primary and secondary factors different at a local scale than what was found at the ESU or population scale.

(6) Management Strategies. Management strategies to address limiting factors for each population are identified in Chapter 7 of the Oregon LCR Recovery Plan. Staff shall consider and attempt to implement these management strategies designed for the ESUs as a whole, and for constituent populations as applicable, as mechanisms to reach the desired status.

(a) Short-term Strategies (1 to 5 years):

(A) Provide technical support to local watershed groups to inform them of the primary and secondary limiting factors at local scales within populations.

(B) Educate and inform watershed groups and co-managers of the highest priority tributary management actions. Facilitate implementation of the highest priority tributary habitat actions.

(C) Provide support to oversee the tracking and reporting of plan action implementation and development of implementation schedules as called for in Chapter 9 of the Oregon LCR Recovery Plan.

(D) Work cooperatively with co-managers and harvest groups to determine the feasibility of implementing selective, weak stock, and abundance-based harvest management for Chinook and coho.

(E) Implement actions to reduce the abundance of naturally spawning hatchery fish in those populations where reductions are called for in Chapter 6 of the Oregon LCR Recovery Plan to achieve desired status.

(F) Conduct analyses to determine the effect of climate change on individual populations to help prioritize action implementation.

(b) Additional Long-term Strategies (1 to 25 years):

(A) Implement the research, monitoring and evaluation identified in Chapter 8 of the Oregon LCR Recovery Plan within funding and staffing constraints.

(B) Facilitate the implementation of the adaptive management strategy and framework identified in Chapter 9 of the Oregon LCR Recovery Plan.

(C) Collect monitoring data, conduct analyses, and complete or support reports and assessments documenting progress toward the desired status goals for the Oregon Lower Columbia River ESUs.

(D) Provide technical support to, and coordinate with, federal, state and local agencies and groups to protect existing high quality salmon and steelhead habitat.

(E) Provide technical support to, and coordinate with, federal, state and local agencies and groups to create additional high quality salmon and steelhead habitat.

(F) Provide technical and outreach support to willing landowners that will enhance the maintenance and/or creation of high quality salmon and steelhead habitat.

(7) Adaptive Management. The Department shall employ adaptive management principles within its statutory authority in support of achieving the desired status goal for the ESUs by participating in the adaptive management and implementation processes defined in Chapter 9 of the Oregon LCR Recovery Plan. The Department’s contribution to adaptive management of the ESUs by the state of Oregon will include five elements: research; monitoring; evaluation; a feedback loop; and reporting.

(a) Research. The Department shall support high priority research identified in the Plan that addresses uncertainties related to management strategies and actions needed to achieve desired status. Research needs at the time of adoption (but which are not intended to be the exclusive research projects to be pursued) are identified in the Oregon LCR Recovery Plan in Chapter 8. Future research needs shall be identified during periodic assessments of the effectiveness of the Oregon LCR Recovery Plan.

(b) Monitoring. The Department shall continue to identify, implement, and support monitoring needed to assess the status of each ESU and the salmon and steelhead populations relative to desired status criteria and evaluate habitat status trends in the Oregon Lower Columbia ESUs, as funding and staffing allow. Monitoring needs at the time of adoption are identified in the Oregon LCR Recovery Plan in Chapter 8. Future monitoring needs shall be identified during periodic assessments of the effectiveness of the Oregon LCR Recovery Plan.

(c) Evaluation. The Department shall identify and support evaluation needed to determine status assessment and the effectiveness of management strategies and actions in achieving their intended outcomes. Evaluation needs at the time of adoption are identified in the Oregon LCR Recovery Plan in Chapter 8. Future evaluation needs shall be identified during periodic assessments of the effectiveness of the Oregon LCR Recovery Plan.

(d) Feedback Loop. The Department shall review the results of reports and assessments identified in 635-500-6575(7)(e) and modify management strategies and actions as appropriate and within its statutory authority based on the review results. The Department shall implement the Adaptive Management processes identified in the Oregon LCR Recovery Plan and recommend to the Oregon Lower Columbia Recovery and Oregon Plan Core Teams and other agencies or entities, as necessary, appropriate modifications to management strategies and actions needed to support attainment of the desired status goals for each ESU. This feedback shall include refinement of management actions, research, monitoring and evaluation programs and desired status criteria based on the best available scientific information.

(e) Reporting. Annual and periodic evaluations of Plan implementation and ESU status shall be made available to the public. The Department shall participate in the preparation of annual and 5 year (2015) status reports, the 12 year (2022) ESU assessment of the effectiveness of the Oregon LCR Recovery Plan, and additional assessments as necessitated by new information or significant population declines.

(f) Modifications to the Oregon LCR Recovery Plan are required if the fish become listed as endangered under the federal ESA or by the direction of the Oregon Lower Columbia Recovery Team in periodic Oregon LCR Recovery Plan status reports. These reports by the Recovery Team will serve as an early warning system that will direct additional monitoring, evaluation, or management actions, if needed, based on annual review of monitoring data.

(8) Impact on Other Native Fish Species. Management strategies identified in the Oregon LCR Recovery Plan are likely to be beneficial to other native fish species present in the ESUs because they focus on restoring natural processes. New or modified actions shall consider impacts to other native species, as appropriate, to minimize harm and optimize benefits.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 116-2010, f. & cert. ef. 8-10-10

Or. Admin. R. 635-500-6600 Implementing the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead

(1) Policy. The Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (UWR Plan; State of Oregon 2011, available at Department offices) implements the State’s strategy for protecting and enhancing Chinook salmon and steelhead trout in Willamette River subbasins, in cooperation with other federal and local partners, including Oregon Plan natural resource agencies and NOAA Fisheries. The UWR Plan is based on the premise that the Oregon Plan for Salmon and Watersheds provides the best vehicle for securing partnerships, both private and governmental, to successfully implement the actions called for in this plan. This rule describes the Commission’s contribution toward this collective effort and directs the Department’s implementation of the UWR Recovery Plan. This rule describes the Department’s role in implementing the UWR Recovery Plan consistent with the Department’s statutory authorities and the Native Fish Conservation Policy (OAR 635-007-0502 thru 635-007-0505). The rule is not intended to be a rigid recipe but rather to identify the range of opportunities the Department should pursue and how the effectiveness of those opportunities should be evaluated, following the template first established in the Native Fish Conservation Policy.

(2) Description of Species Management Unit and Populations. The Species Management Units (SMUs) for Upper Willamette River Chinook and steelhead are the portions of the Upper Willamette River Evolutionarily Significant Units (ESUs) for Chinook salmon, and the Distinct Population Segment (DPSs) for steelhead that are comprised of independent populations, as defined in Chapter 2 of the UWR Plan. To avoid confusion and because the SMUs are the same as the federal ESUs, or DPSs, designations, the term ESU will be used to designate the SMUs for Willamette River Chinook salmon and steelhead.

(3) Desired Status. The desired status goal for populations of Upper Willamette Chinook salmon and steelhead is two-tiered such that:

(a) Delisting Goal. The ESU and DPS covered by the UWR Plan can be removed from the federal Endangered Species Act threatened and endangered list. This shall be achieved through the following:

(A) All independent populations achieve the status called for under the Desired Status for Delisting identified in Chapter 6 of the plan; and

(b) Broad Sense Goal. Eventual improvements in salmon and steelhead survival from management actions provide for all independent populations to be sufficiently abundant, productive, and diverse (in terms of life histories and geographic distribution) so that they provide significant ecological, social, cultural, and economic benefits. These broad sense recovery goals for the ESUs shall be achieved by the following: All independent Upper Willamette River Chinook salmon and steelhead populations pass all of the measurable criteria for highly viable status.

(c) The three measurable criteria for desired status of Upper Willamette Chinook salmon and steelhead independent populations are defined in Chapter 8 of the UWR Plan and include:

(A) Abundance and productivity;

(B) Spatial structure; and

(4) Current Status. The current status of each Upper Willamette River Chinook salmon and steelhead ESU at the time of the adoption of this rule is described in Chapter 4 of the UWR Plan. This assessment describes the biological attributes, criteria and metrics used to assess the status of each ESU. Those biological attributes, criteria, and metrics are adopted by reference into this rule. The Department shall update current status periodically consistent with timelines described under Adaptive Management in Chapter 9 of the UWR Plan. These updates do not require rule modification of current status, but rather will serve as a measurement of progress toward desired status.

(5) Primary Limiting Factors.

(a) Numerous factors contribute to the gap between current and desired status of populations comprising the Upper Willamette River Chinook salmon and steelhead ESUs. Marine survival of salmon and steelhead associated with ocean conditions is the largest single factor regulating salmon and steelhead productivity and abundance. Marine survival is not considered a primary limiting factor for salmon and steelhead because management has little influence on marine survival.

(b) The factors generally causing the gap between current and desired status for the Upper Willamette River Salmon and Steelhead ESUs that can be managed are:

(A) Impaired fish passage;

(B) Stream habitat complexity including riparian condition;

(D) Water quantity;

(E) Altered hydrology;

(F) Excessive sediment;

(G) Harvest;

(H) Hatchery fish interactions; and

(I) Predation.

(c) Primary and secondary limiting factors are identified for each population in Chapter 5 of the UWR Plan. Staff will continue to help revise and identify new management actions addressing these factors to aid in reaching desired status. Staff may analyze the limiting factors at a finer, more localized scale when selecting or prioritizing management actions for specific areas. These analyses may find primary and secondary factors different at a local scale than what was found at the ESU or population scale.

(6) Management Strategies. Management strategies to address limiting factors for each population are identified in Chapter 7 of the UWR Plan. Staff shall consider and attempt to implement these management strategies designed for the ESUs as a whole, and for constituent populations as applicable, as mechanisms to reach the desired status.

(a) Short-term Strategies (1 to 5 years):

(A) Provide technical support to local watershed groups to inform them of the primary and secondary limiting factors at local scales within populations.

(B) Educate and inform watershed groups and co-managers of the highest priority tributary management actions. Facilitate implementation of the highest priority tributary habitat actions.

(C) Provide support to oversee the tracking and reporting of plan action implementation and development of implementation schedules as called for in Chapter 9 of the UWR Plan.

(D) Implement actions to reduce the abundance of naturally spawning hatchery fish in those populations where reductions are called for in Chapter 6 of the Oregon UWR Plan to achieve desired status.

(E) Conduct analyses to determine the effect of climate change on individual populations to help prioritize action implementation.

(b) Additional Long-term Strategies (1 to 25 years):

(A) Work cooperatively with co-managers to assist Action Agencies in implementing the federal Biological Opinions that address effects of flood control/hydropower facilties and operations.

(B) Implement the research, monitoring and evaluation identified in Chapter 8 of the UWR Plan within funding and staffing constraints.

(C) Facilitate the implementation of the adaptive management strategy and framework identified in Chapter 9 of the UWR Plan.

(D Collect monitoring data, conduct analyses, and complete or support reports and assessments documenting progress toward the desired status goals for the Upper Willamette River ESUs.

(E) Provide technical support to, and coordinate with, federal, state and local agencies and groups to protect existing high quality salmon and steelhead habitat.

(F) Provide technical support to, and coordinate with, federal, state and local agencies and groups to create additional high quality salmon and steelhead habitat.

(G) Provide technical and outreach support to willing landowners that will enhance the maintenance and/or creation of high quality salmon and steelhead habitat.

(7) Adaptive Management. The Department shall employ adaptive management principles within its statutory authority in support of achieving the desired status goal for the ESUs by participating in the adaptive management and implementation processes defined in Chapter 9 of the UWR Plan. The Department’s contribution to adaptive management of the ESUs by the state of Oregon will include five elements: research; monitoring; evaluation; a feedback loop; and reporting.

(a) Research. The Department shall support high priority research identified in the Plan that addresses uncertainties related to management strategies and actions needed to achieve desired status. Research needs at the time of adoption (but which are not intended to be the exclusive research projects to be pursued) are identified in the UWR Plan in Chapter 8. Future research needs shall be identified during periodic assessments of the effectiveness of the UWR Plan.

(b) Monitoring. The Department shall continue to identify, implement, and support monitoring needed to assess the status of each ESU and the Chinook salmon and steelhead populations relative to desired status criteria and evaluate habitat status trends in the Upper Willamette River ESUs, as funding and staffing allow. Monitoring needs at the time of adoption are identified in the UWR Plan in Chapter 8. Future monitoring needs shall be identified during periodic assessments of the effectiveness of the UWR Plan.

(c) Evaluation. The Department shall identify and support evaluation needed to determine status assessment and the effectiveness of management strategies and actions in achieving their intended outcomes. Evaluation needs at the time of adoption are identified in the UWR Plan in Chapter 8. Future evaluation needs shall be identified during periodic assessments of the effectiveness of the UWR Plan.

(d) Feedback Loop. The Department shall review the results of reports and assessments identified in 635-500-6575(7)(e) and modify management strategies and actions as appropriate and within its statutory authority based on the review results. The Department shall implement the Adaptive Management processes identified in the Oregon UWR Plan and recommend to the UWR Recovery and Oregon Plan Core Teams and other agencies or entities, as necessary, appropriate modifications to management strategies and actions needed to support attainment of the desired status goals for each ESU. This feedback shall include refinement of management actions, research, monitoring and evaluation programs and desired status criteria based on the best available scientific information.

(e) Reporting. Annual and periodic evaluations of Plan implementation and ESU status shall be made available to the public. The Department shall participate in the preparation of annual and 5 year (2016) status reports, the 12 year (2023) ESU assessment of the effectiveness of the UWR Plan, and additional assessments as necessitated by new information or significant population declines.

(f) Modifications to the UWR Plan are required if the fish become listed as endangered under the federal ESA or by the direction of the UWR Recovery Team in periodic UWR Plan status reports. These reports by the Recovery Team will serve as an early warning system that will direct additional monitoring, evaluation, or management actions, if needed, based on annual review of monitoring data.

(8) Impact on Other Native Fish Species. Management strategies identified in the UWR Plan are likely to be beneficial to other native fish species present in the ESUs because they focus on restoring natural processes. New or modified actions shall consider impacts to other native species, as appropriate, to minimize harm and optimize benefits.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 110-2011, f. & cert. ef. 8-9-11

Or. Admin. R. 635-500-6625 Implementing the Lower Columbia River and Oregon Coast White Sturgeon Conservation Plan

(1) Policy. The Lower Columbia River and Oregon Coast White Sturgeon Conservation Plan (LCROC White Sturgeon Plan) (State of Oregon 2011, available at Department offices) implements the State’s strategy for protecting and enhancing Oregon white sturgeon in the lower Columbia River and in Oregon coastal and marine habitats, in cooperation with other federal and local partners, including Oregon Plan natural resource agencies. The LCROC White Sturgeon Plan is consistent with the Oregon Plan for Salmon and Watersheds and the Lower Columbia River Conservation and Recovery Plan. This rule describes the Commission’s contribution toward this collective effort and directs the Department’s implementation of the LCROC White Sturgeon Plan. This rule describes the Department’s role in implementing the LCROC White Sturgeon Plan consistent with the Department’s statutory authorities and the Native Fish Conservation Policy (OAR 635-007-0502 thru 635-007-0505). The rule is not intended to be a rigid recipe but rather to identify the range of opportunities the Department should pursue and how the effectiveness of those opportunities should be evaluated, following the template first established in the Native Fish Conservation Policy.

(2) Description of the Species Management Unit and Populations. All white sturgeon in Oregon are represented by one Species Management Unit (SMU) and one population. However, there are seven population segments within the SMU that are managed as more discrete units: Lower Columbia/Oregon Coast; Bonneville Reservoir; The Dalles Reservoir; John Day Reservoir; McNary Reservoir; Middle Snake River (downstream from Hells Canyon Dam); and Mid Snake Reservoirs (upstream from Hells Canyon Dam). The LCROC White Sturgeon Plan addresses the Lower Columbia/Oregon Coast population segment (LCROC white sturgeon), which is comprised of white sturgeon inhabiting the mainstem lower Columbia River downstream from Bonneville Dam, adjacent Oregon freshwater habitats (including the Willamette River downstream from Willamette Falls), and Oregon coastal and marine habitats. It also addresses white sturgeon in the Willamette River upstream from Willamette Falls, although this area is not part of the SMU.

(3) Desired Status.

(a) Broad Sense Goals. The goals of the LCROC White Sturgeon Plan are to avoid any substantial reductions in the Lower Columbia/Oregon Coast white sturgeon population segment; to maintain a naturally reproducing population segment that makes full use of natural habitats and provides ecological, economic, and cultural benefits to Oregon residents; and to provide sustainable commercial and recreational fishing opportunities. LCROC white sturgeon are important to Oregon and the region as a whole. Ensuring persistence and genetic diversity of the species and its ecological niche, now and for future generations, is necessary to maintain the social, cultural and economic benefits this population segment currently provides.

(b) Measurable criteria for biological attributes are defined in Section 6 of the LCROC White Sturgeon Plan. Primary Biological Attributes include:

(A) Abundance: number of individuals at a given life stage.

(B) Distribution: where and when individuals at each life stage are found throughout their historic range.

(D) Productivity: how well the population segment is able to sustain and/or increase its abundance over time.

(E) Habitat: the quantity, quality and distribution of habitat types important to various life stages.

(F) Persistence: the likelihood that the population segment will maintain its existence and remain viable over time.

(4) Current Status. The current status of LCROC white sturgeon at the time of the adoption of this rule is described in Section 7 of the LCROC White Sturgeon Plan. The biological attributes, criteria and metrics used to assess current status are adopted by reference into this rule. The Department shall update current status periodically consistent with timelines described in Section 12 (Adaptive Management) of the LCROC White Sturgeon Plan. These updates do not require rule modification of current status, but rather will serve as a measurement of progress toward desired status.

(5) Principal Limiting Factors.

(a) Numerous factors that contribute to the gap between current and desired status of LCROC white sturgeon are described in Section 9 of the LCROC White Sturgeon Plan.

(b) Factors of particular concern are:

(A) Predation by Marine Mammals;

(B) River Flow and Flow Variation;

(D) Overharvest.

(c) Staff will continue to work with others to refine existing and identify new management actions that address the limiting factors identified in the LCROC White Sturgeon Plan. Staff may analyze the limiting factors at a finer, more localized scale when selecting or prioritizing management actions for specific areas. These analyses may find primary and secondary factors different at a local scale than those for the entire Lower Columbia/Oregon Coast white sturgeon population segment.

(6) Management Strategies. Management strategies to address limiting factors for LCROC white sturgeon are identified in Section 11 of the LCROC White Sturgeon Plan. Staff shall advocate for the implementation of, and where appropriate endeavor to implement these management strategies as mechanisms to reach the desired status. Strategies to address factors generally causing the gap between current and desired status for LCROC white sturgeon include:

(a) Short-term Strategies (1 to 5 years).

(A) Minimize marine mammal predation.

(B) Optimize the configuration and operations of the Columbia River hydropower system to best mimic a natural hydrograph and normative river conditions.

(D) Protect and restore high-quality habitat in the lower Columbia River and adjacent waters, including the Willamette River and coastal bays, estuaries and rivers.

(E) Maintain water quality in the lower Columbia River.

(F) Prevent, and when unavoidable, mitigate for impacts associated with in-water work activity.

(G) Manage lower Columbia River white sturgeon sport and commercial fisheries to not exceed sustainable harvest levels.

(b) Additional Long-term strategies (1 to 25 years).

(A) Restore Columbia River connectivity by providing improved passage at hydropower projects.

(B) Minimize the impacts of piscine predation.

(7) Adaptive Management. The Department shall employ adaptive management principles within its statutory authority in support of achieving the desired status goal for LCROC white sturgeon by participating in the adaptive management and implementation processes defined in Section 12 of the LCROC White Sturgeon Plan. Pursuant to the adaptive management framework, a White Sturgeon Technical Management Team (WSTMT) will be formed to monitor the status of LCROC white sturgeon. The WSTMT will be made up of representatives from the Department, Washington Department of Fish and Wildlife, other regional natural resource managers, and sturgeon experts. The Department’s contribution to adaptive management of LCROC white sturgeon will include five elements: research, monitoring, evaluation, a feedback loop, and reporting.

(a) Research. The Department shall support high-priority research identified in the LCROC White Sturgeon Plan that addresses uncertainties related to management strategies and actions needed to achieve desired status. Research needs at the time of adoption (but which are not intended to be an exclusive list of research projects to be pursued) are identified in the LCROC White Sturgeon Plan in Section 11. Future research needs shall be identified by the WSTMT during periodic assessments of the effectiveness of the LCROC White Sturgeon Plan.

(b) Monitoring. The Department shall continue to identify, implement, and support monitoring needed to assess the status of LCROC white sturgeon relative to desired status criteria and habitat status trends as funding allows. Monitoring needs at the time of adoption are identified in the LCROC White Sturgeon Plan in Section 11. Future monitoring needs shall be identified by the WSTMT during periodic assessments of the effectiveness of the LCROC White Sturgeon Plan.

(c) Evaluation. The Department shall continue to identify and support evaluation needed to assess the status of LCROC white sturgeon and the effectiveness of management strategies and actions in achieving their intended outcomes. Evaluation needs at the time of adoption are identified in the LCROC White Sturgeon Plan in Section 11. Future evaluation needs shall be identified by the WSTMT during periodic assessments of the effectiveness of the LCROC White Sturgeon Plan.

(d) Feedback Loop. The Department shall review the results of reports and assessments identified in 635-500-6625(7)(e) and modify management strategies and actions as appropriate and within its statutory authority based on the review results. The Department shall recommend to other agencies or entities, as necessary, appropriate modifications to management strategies and actions needed to support attainment of the desired status goals and avoid conservation status for LCROC white sturgeon. This feedback shall include refinement of management actions, research, monitoring and evaluation programs and desired status criteria based on the best available scientific information. In Section 6 of the LCROC White Sturgeon Plan, conservation status thresholds for biological attributes are described, each of which represent conditions in which the future persistence of the population becomes unpredictable without significant management action. These thresholds will be used by the WSTMT to determine if temporary modifications to management strategies or actions are needed. In the event that temporary modifications do not rectify the conservation status of these biological attributes within a reasonable time frame, a review of the status of LCROC white sturgeon and the LCROC White Sturgeon Plan will be conducted by the WSTMT.

(e) Reporting. The WSTMT shall meet periodically to review the status of LCROC white sturgeon, especially as it pertains to desired and conservation status. In addition to reviewing the current status, the WSTMT will monitor progress toward addressing the constraints, limiting factors, threats, critical uncertainties, and data gaps. The results of the status review will be published on the Department website as a management report. The WSTMT shall produce an in-depth review of the status of LCROC white sturgeon at five-year intervals. Any reports generated or data collected will be made available to the public.

(8) Impact on Other Native Fish Species. Management strategies identified in the LCROC White Sturgeon Plan are likely to be beneficial to other native fish species present in the range of LCROC white sturgeon because they focus on restoring natural processes. New or modified actions shall consider impacts to other native species, as appropriate, to minimize harm and optimize benefits.

History

Statutory/Other Authority: ORS 496.138 & 496.146 and 506.119
Statutes/Other Implemented: ORS 506.109
DFW 112-2011, f. & cert. ef. 8-10-11

Or. Admin. R. 635-500-6650 Implementing the Conservation Plan for Fall Chinook Salmon in the Rogue Species Management Unit

(1) Policy. The Conservation Plan for Fall Chinook Salmon in the Rogue Species Management Unit of 2012 (Rogue Fall Chinook Conservation Plan, available at Department offices) implements the Commission’s strategy for the management of these populations of naturally produced native fish by the Department, in cooperation with other state, federal and local partners. The Rogue Fall Chinook Conservation Plan is based on the general premise that habitat management and fishery management are critical to ensure the conservation and enhancement of these populations of native fish. The Commission believes that habitat management is most likely to be successful by working cooperatively with other federal, state, and local management agencies, and by encouraging the maintenance, restoration, and enhancement of aquatic and riparian habitat as outlined by the Oregon Plan for Salmon and Watersheds. This rule describes a strategy for the use of Department statutory authorities to implement the requirements of the Native Fish Conservation Policy (OAR 635-007-0502 thru 635-007-0505). The Rogue Fall Chinook Conservation Plan is not intended to be a rigid recipe, but does prescribe generalized management strategies the Department will pursue; and how the efficacy of those strategies and allied management actions will be evaluated.

(2) Species Management Unit and Population Description. The Species Management Unit (SMU) for Rogue fall Chinook salmon includes that area of coastal Oregon south of Elk River (near Port Orford). Based on differences in genetic attributes and genetic-based life history attributes, fall Chinook salmon (CHF) populations were assigned to one of two strata: the Rogue Stratum or the Coastal Stratum. There are five independent CHF populations in the Rogue Stratum (Upper Rogue, Middle Rogue, Lower Rogue, Applegate, and Illinois) and four independent CHF populations in the Coastal Stratum (Chetco, Winchuck, Pistol, and Hunter).

(3) Desired Status. The desired status goal is to manage Rogue fall Chinook salmon and their habitat so that:

(a) The population is sustained for a minimum of 100 years;

(b) The productive capacity of the habitat is maintained in order to provide ecological, economic, and cultural benefits; and

(d) The five measurable criteria that describe the desired status goal for fall Chinook salmon populations in the Rogue Stratum are:

(A) Adult abundance;

(B) Adult migration timing;

(D) Adult composition (% hatchery); and

(E) Population persistence.

(e) The above measurable criteria are defined in Table 36 of the Desired Biological Status section of the Rogue Fall Chinook Conservation Plan, and are adopted by reference into this rule. The desired status goal for the Rogue Stratum shall be judged to be achieved when all of the populations achieve all of the measurable criteria. Other criteria related to productivity (standardized rate of population growth) and survival rate to each critical life history stage may be developed in the future if new information becomes available. Implementation of any new criteria, or the deletion of any current criteria, will necessitate modification of this rule.

(f) The five measurable criteria that describe the desired status goal for fall Chinook salmon populations in the Coastal Stratum are:

(A) Spawner abundance;

(B) Spawner age composition (Chetco only);

(D) Juvenile abundance (Winchuck only); and

(E) Population persistence.

(g) The above measurable criteria are defined in Table 37 of the Desired Biological Status section of the Rogue Fall Chinook Conservation Plan, and are adopted by reference into this rule. The desired status goal for the Coastal Stratum shall be judged to be achieved when all of the populations achieve all of the measurable criteria. Other criteria related to productivity (standardized rate of population growth) and survival rate to each critical life history stage may be developed in the future if new information becomes available. Implementation of any new criteria, or the deletion of any current criteria, will necessitate modification of this rule.

(h) The desired status goal for the entire SMU shall be judged to be achieved when the two strata both achieve desired status.

(4) Current Status. The current status of the Rogue Fall Chinook SMU and constituent independent populations, at the time of adoption of this rule, is described in Tables 43 and 44 of the Current Status section of the Rogue Fall Chinook Conservation Plan. Criteria used to characterize current status are structured so as to allow for the direct comparison of current and desired status of the SMU. The Department shall annually update the current status of the SMU. Annual updates will serve as a measurement of progress toward desired status, and thus will not require rule modification of current status.

(5) Primary Limiting Factors.

(a) Numerous factors could, in the future, contribute to the gap between current and desired status for fall Chinook populations in the Rogue Stratum of the SMU.

(b) At the time of adoption of this Conservation Plan, manageable primary limiting factors are:

(A) Water temperature of the Rogue River in summer during adult migration;

(B) Water temperature of the Rogue River in summer during juvenile rearing;

(D) Brood harvest rates that sometimes exceed maximum sustained yield: and

(E) Periodic low spawning escapements that follow poor ocean survival conditions.

(c) Numerous factors contribute to gaps between current and desired status for fall Chinook populations in the Coastal Stratum of the SMU.

(d) At the time of adoption of this Conservation Plan, manageable primary limiting factors are:

(A) Volume of juvenile rearing habitat in streams and estuaries;

(B) Water temperature in streams and in the estuaries during summer;

(D) Brood harvest rates that sometimes exceed maximum sustained yield: and

(E) Periodic low spawning escapements that follow poor ocean survival conditions.

(6) Management Strategies. Department staff shall attempt to implement the following management strategies as mechanisms designed to maintain desired status. These strategies are directed at primary and secondary factors that currently limit attainment of desired status, or are judged to be potential risks to attainment of desired status in future years:

(a) Rogue Stratum Short-term Strategies (1 to 5 years):

(A) Manage recreational and commercial fisheries to sustain productivity for all populations of naturally produced fall Chinook salmon, and to provide harvest opportunities for recreational and commercial fishers.

(B) Manage fall Chinook salmon of hatchery origin to minimize the risk of genetic changes among naturally produced fish.

(b) Rogue Stratum Long-term Strategies (1 to 25 years):

(A) Support habitat restoration, maintenance, and enhancement programs to ensure that aquatic and terrestrial habitat is managed to maintain productive populations of naturally produced fall Chinook salmon.

(B) Develop and support programs designed to decrease introductions of non-native species into areas inhabited by naturally produced fall Chinook salmon.

(B) Manage fall Chinook salmon of hatchery origin to minimize the risk of genetic changes among naturally produced fish.

(d) Coastal Stratum Long-term Strategies (1 to 25 years):

(B) Develop and support programs designed to decrease introductions of non-native species into areas inhabited by naturally produced fall Chinook salmon.

(C) Ensure complete access of fall Chinook salmon to stream habitat capable of producing full sized smolts. The Department is authorized to remove or modify natural migration barriers to enhance Chinook populations at its discretion upon a finding that native fish species would not be negatively impacted.

(7) Deterioration in Status.

(a) Additional conservation actions, or plan modification, will be employed by the Department if monitoring, or pre-season forecasting, indicate that fall Chinook population status has, or will, dropped below criteria levels defined in Tables 48 and 49 of the Criteria Indicating Deterioration in Status section of the Rogue Fall Chinook Conservation Plan; and are adopted by reference into this rule.

(b) Additional conservation actions to be taken will be dependent on Department assessments that predict:

(A) Which criteria will be reached: and

(B) The degree of criteria deterioration.

(c) Implementation of any new criteria, or the deletion of any current criteria, will necessitate modification of this rule.

(8) Adaptive Management. The Department shall employ adaptive management principles within its statutory authority in support of achieving the desired status goal for the Rogue Fall Chinook SMU and constituent fall Chinook populations. The adaptive management approach employed by the Department will include five elements: research; monitoring; evaluation; reporting; and modification of corrective strategies.

(a) Research. The Department shall identify and support research that, as funding and staffing allows, addresses uncertainties related to management strategies and actions needed to achieve desired status. Research needs, at the time of plan adoption, are identified in the Rogue Fall Chinook Conservation Plan (but which are not intended to be the exclusive research projects to be pursued). Future research needs may be identified, or research needs described at the time of plan adoption may be modified, as a result of periodic assessments of the Rogue Fall Chinook Conservation Plan.

(b) Monitoring. The Department shall identify, implement, and support monitoring, as funding and staffing allow, needed to assess fall Chinook population and SMU status relevant to desired status criteria, current status criteria, and criteria indicating significant deterioration in status. Future monitoring needs may be identified during periodic assessments of the Rogue Fall Chinook Conservation Plan.

(c) Evaluation. The Department shall identify and support evaluation that is needed, as funding and staffing allows, to determine the effectiveness of management strategies and actions in achieving intended outcomes. Future evaluation needs may be identified, or evaluation needs described at the time of plan adoption may be modified, as a result of periodic assessments of the Rogue Fall Chinook Conservation Plan.

(d) Reporting. The Department will develop, and will make available to the public:

(A) Annual reports of fall Chinook population and SMU status. Annual reports will present:

(i) Current fall Chinook population and SMU status as assessed by monitoring;

(ii) A summary of results from research or evaluation activities; and

(iii) Department rationale associated with any adaptive changes made to management actions.

(B) Summary reports of fall Chinook population and SMU status every five years. Summary reports will outline progress made towards attainment of desired status; and

(C) Comprehensive assessments of the Conservation Plan efficacy. Comprehensive assessments of plan efficacy will be completed for intervals that do not exceed 15 years, beginning with the year 2027.

(9) Process to Modify Strategies.

(a) In the event Department assessments indicate that criteria indicative of status deterioration will likely be realized, the Department will craft management options to address the need to temporarily modify the Rogue Fall Chinook Conservation Plan. These options will be presented in the annual report, and the Department will solicit public input prior to selection of a course of action.

(b) In the event that a status review indicates that management strategies should be modified to ensure attainment of desired status, or in the event of critical changes in local, state, or federal laws, the Department will develop revised options for management strategies to address the need to modify the Rogue Fall Chinook Conservation Plan. These options will be presented in a special report, and the Department will solicit public input prior to selection of a course of action.

(c) Specific management actions for management strategies adopted into rule may be modified by the Department under the principle of adaptive management.

(d) Actions may be revised to improve performance, or actions may be terminated and be replaced by other actions that are determined to be more effective.

(10) Impact on Other Native Fish Species. Management strategies identified in the Rogue Fall Chinook Conservation Plan are likely to be collectively neutral or somewhat beneficial to other native fish species present in the SMU. New or modified management actions shall consider projected impacts to other native species of fish and if needed, will be modified to ensure compliance with:

(a) Department policy; and

(b) State, federal, and local laws.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 2-2013, f. & cert. ef. 1-14-13

Or. Admin. R. 635-500-6700 Organization of Rules

These rules (OAR 635-500-6700 through 635-500-6765) establish the Commission’s policy for the non-tribal Columbia River Recreational and Commercial Fisheries Management Framework.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13

Or. Admin. R. 635-500-6705 Guiding Principles for Columbia River Fisheries Management

(1) Promote the recovery of ESA-listed species and the conservation of wild stocks of salmon, steelhead, and sturgeon in the Columbia River.

(2) Continue leadership on fish recovery actions, including improved fish survival through the federal Columbia River hydropower system, improved habitat conditions in the tributaries and estuary, hatchery reform, reduced predation by fish, birds, and marine mammals, and harvest management that meets conservation responsibilities.

(3) Continue to meet terms of U.S. v. Oregon management agreements with Columbia River Treaty Tribes.

(4) In a manner that is consistent with conservation and does not impair the resource, seek to enhance the overall economic well-being and stability of Columbia River fisheries in Oregon.

(5) For steelhead, salmon and sturgeon, prioritize recreational fisheries in the mainstem and commercial fisheries in off-channel areas of the lower Columbia River. Toward this end:

(a) Assign mainstem recreational fisheries a sufficient share of ESA-impacts and harvestable surplus to enhance current fishing opportunity and economic benefit.

(b) Assign commercial fisheries a sufficient share of the ESA-impacts and harvestable surplus to effectively harvest fish in off-channel areas and harvest surplus fish with selective techniques in the mainstem Columbia River.

(6) Limit the use of gill nets in non-tribal commercial fisheries, other than shad and smelt, in the mainstem Columbia River to fall fisheries in Commercial Zones 4 and 5. Limit other non-tribal gill net use to off-channel areas only.

(7) Enhance the economic benefits of off-channel commercial fisheries, in a manner consistent with conservation and wild stock recovery objectives. Enhancements include:

(a) Providing additional hatchery fish for release in off-channel areas by shifting currently available production, and where possible providing new production for release in off-channel areas, emphasizing complementary conservation benefits in tributaries.

(b) Expanding existing seasons and boundaries in off-channel areas and/or establishing new off-channel areas, allowing increased harvest in areas where the likelihood of impacting ESA-listed stocks is lower than the mainstem.

(8) Develop and implement selective-fishing gear and techniques for commercial mainstem fisheries to optimize conservation and economic benefits consistent with mainstem recreational objectives, combined with incentives to commercial fishers to expand the development and implementation of these gear and techniques.

(9) Maintain consistent and concurrent policies between Oregon and Washington related to management of non-tribal Columbia River fisheries, to ensure orderly fisheries as well as the sharing of investments and benefits.

(10) To maximize economic return, develop a program that seeks to implement Marine Stewardship Council or other certification of commercial salmon and sturgeon fisheries in the Columbia River as sustainably managed fisheries.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 29-2017, f. 3-22-17, cert. ef. 4-4-17
DFW 4-2017, f. & cert. ef. 1-25-17
DFW 8-2017(Temp), f. & cert. ef. 2-2-17 thru 7-31-17
DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13

Or. Admin. R. 635-500-6710 Columbia River Fisheries

Department staff shall manage fisheries consistent with the guiding principles and the allocation framework and provisions in OAR 635-500-6715 through 635-500-6765.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13

Or. Admin. R. 635-500-6715 Spring Chinook

(1) Transition Period (2013–January 31, 2017).

(a) In 2013, assign 65%, then 70% of the ESA-impact for upriver spring Chinook stocks to mainstem recreational fisheries.

(b) In 2013, assign 35%, then 30% to off-channel and mainstem commercial fisheries.

(2) Long Term (February 1, 2017 and Beyond).

(a) Assign 80% of the ESA-impact to mainstem recreational fisheries. If the recreational allocation, including areas upstream of Bonneville Dam and in the Snake River, is unlikely to be fully used, the unused portion of that allocation shall be transferred to the commercial fishery.

(b) Assign 20% to commercial fisheries. Mainstem commercial fisheries may occur only after the run size update and will use tangle nets or other selective gear, if developed. Unused commercial impacts will not be transferred to recreational fisheries.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 18-2020, temporary amend filed 02/20/2020, effective 02/20/2020 through 06/30/2020
DFW 29-2017, f. 3-22-17, cert. ef. 4-4-17
DFW 4-2017, f. & cert. ef. 1-25-17
DFW 147-2016, f. 12-7-16, cert. ef. 12-15-16
DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13

Or. Admin. R. 635-500-6720 Summer Chinook

(1) Transition Period (2013–April 4, 2017).

(a) In 2013-14, assign 60%, then 70% of the harvestable surplus available for use downstream from Priest Rapids Dam to mainstem recreational fisheries.

(b) In 2013-14, assign 40%, then 30% to off-channel and mainstem commercial fisheries.

(2) Long Term (April 5, 2017 and Beyond).

(a) Assign 80% of the harvestable surplus available for use downstream from Priest Rapids Dam to mainstem recreational fisheries.

(b) Assign 20% of the harvestable surplus available for use downstream from Priest Rapids Dam to off-channel and mainstem commercial fisheries using gears other than gill nets. Unused commercial harvest will not be transferred to recreational fisheries.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 29-2017, f. 3-22-17, cert. ef. 4-4-17
DFW 4-2017, f. & cert. ef. 1-25-17
DFW 147-2016, f. 12-7-16, cert. ef. 12-15-16
DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13

Or. Admin. R. 635-500-6725 Sockeye

(1) Transition Period (2013–January 31, 2017).

(a) Assign 70% of the ESA-impact for Snake River sockeye to mainstem recreational fisheries.

(b) Assign 30% to mainstem commercial fisheries for incidental harvest of sockeye in Chinook-directed fisheries.

(2) Long Term (February 1, 2017 and Beyond).

(a) Assign approximately 80% of the ESA-impact for Snake River sockeye to mainstem recreational fisheries.

(b) Assign the remaining balance to commercial fisheries for incidental harvest of sockeye in Chinook-directed fisheries.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 4-2017, f. & cert. ef. 1-25-17
DFW 147-2016, f. 12-7-16, cert. ef. 12-15-16
DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13

Or. Admin. R. 635-500-6730 Tule Fall Chinook

(1) Transition Period (2013–April 4, 2017).

(a) Assign no more than 70% of the ESA-impact for lower Columbia River Tule fall Chinook to mainstem recreational fisheries.

(b) Assign not less than 30% to off-channel commercial fisheries, mainstem commercial fisheries that target Upriver Bright and Lower River Hatchery Fall Chinook.

(2) Long Term (April 5, 2017 and Beyond).

(a) Assign no more than 70% of the remaining ESA-impact for lower Columbia River Tule Fall Chinook to mainstem recreational fisheries.

(b) Assign not less than 30% of the remaining ESA-impact for lower Columbia River Tule Fall Chinook to off-channel commercial fisheries and mainstem commercial fisheries that target Upriver Bright and Lower River Hatchery Fall Chinook and hatchery coho. Use up to 2% of commercial ESA impacts of the most constraining stock for use in lower river commercial fisheries using alternative gears. The Department shall approve alternative gears for use.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 29-2017, f. 3-22-17, cert. ef. 4-4-17
DFW 4-2017, f. & cert. ef. 1-25-17
DFW 147-2016, f. 12-7-16, cert. ef. 12-15-16
DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13

Or. Admin. R. 635-500-6735 Upriver Bright Fall Chinook

(1) Transition Period (2013–April 4, 2017).

(a) Assign no more than 70% of the ESA-impact for Snake River Wild Fall Chinook to mainstem recreational fisheries.

(2) Long Term (April 5, 2017 and Beyond).

(a) Assign no more than 70% of the ESA-impact for Snake River Wild Fall Chinook to mainstem recreational fisheries.

(b) Assign not less than 30% to off-channel and mainstem commercial fisheries. Provide additional mainstem commercial harvest when recreational fishery objectives (OAR 635-500-6760) are expected to be met. Use up to 2% of commercial ESA impacts of the most constraining stock for use in lower river commercial fisheries using alternative gears. The Department shall approve alternative gears for use.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 29-2017, f. 3-22-17, cert. ef. 4-4-17
DFW 4-2017, f. & cert. ef. 1-25-17
DFW 147-2016, f. 12-7-16, cert. ef. 12-15-16
DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13

Or. Admin. R. 635-500-6740 Coho

(1) Transition Period (2013–January 31, 2017).

(a) Assign commercial fisheries a sufficient share of the ESA-impact for Lower Columbia Natural coho to implement off-channel coho and fall Chinook fisheries and mainstem fall Chinook fisheries.

(b) Assign the remaining balance to in-river mainstem recreational fisheries. If these fisheries are expected to be unable to use all of the ESA-impact for Lower Columbia Natural coho, assign the remainder to mainstem commercial coho fisheries.

(2) Long Term (February 1, 2017 and Beyond).

(a) Assign commercial fisheries a sufficient share of the ESA-impact for Lower Columbia Natural coho to implement off-channel coho and fall Chinook fisheries and mainstem fall Chinook and hatchery coho fisheries.

(b) Assign the balance to in-river mainstem recreational fisheries. If these fisheries are unable to use all of the ESA-impact for Lower Columbia Natural coho, assign the remainder to mainstem commercial coho fisheries.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 4-2017, f. & cert. ef. 1-25-17
DFW 147-2016, f. 12-7-16, cert. ef. 12-15-16
DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13

Or. Admin. R. 635-500-6745 Chum

(1) Transition Period (2013–January 31, 2017).

(a) Assign commercial fisheries a sufficient share of the ESA-impact for chum to implement off-channel and mainstem fisheries targeting other salmon species.

(b) Prohibit the retention of chum salmon in recreational and commercial fisheries.

(2) Long Term (February 1, 2017 and Beyond).

(a) Assign commercial fisheries a sufficient share of the ESA-impact for chum to implement off-channel and mainstem fisheries targeting other salmon species.

(b) Prohibit the retention of chum salmon in recreational and commercial fisheries.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 4-2017, f. & cert. ef. 1-25-17
DFW 147-2016, f. 12-7-16, cert. ef. 12-15-16
DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13

Or. Admin. R. 635-500-6750 White Sturgeon

(1) Transition Period (2013–January 31, 2017).

(a) In years when retention is allowed, allocate 90% of the harvestable surplus downstream from Bonneville Dam for use in non-tribal fisheries and hold 10% in reserve as an additional conservation buffer above the maximum harvest rate allowed in Oregon’s white sturgeon conservation plan.

(b) Assign 80% of the white sturgeon available for harvest to the recreational fishery.

(2) Long Term (February 1, 2017 and Beyond).

(b) Assign 80% of the white sturgeon available for harvest to the recreational fishery.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 4-2017, f. & cert. ef. 1-25-17
DFW 147-2016, f. 12-7-16, cert. ef. 12-15-16
DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13

Or. Admin. R. 635-500-6755 Additional Commercial Opportunity

Additional opportunity for mainstem commercial fisheries shall be provided:

(1) If recreational fisheries are predicted to be unable to use their allocated impacts;

(2) If established objectives for mainstem recreational fisheries are predicted to be met; or

(3) If needed to remove lower river hatchery tule Chinook and coho using selective techniques to meet conservation objectives.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13

Or. Admin. R. 635-500-6760 Fall Recreational Fishery Objectives

Within limitations described in OAR 635-500-6730 thru 635-500-6750, fall recreational fishery objectives include:

(1) Buoy 10 to Tongue Point. The recreational fishing objective for Buoy 10 is defined as a season beginning August 1 and continuing through Labor Day (34 days; assuming Labor Day is September 3).

(2) Tongue Point to Warrior Rock. The recreational fishing objective for the area from Tongue Point upstream to Warrior Rock is defined as a season beginning August 1 and continuing through September 7 as non-mark selective with an additional week of mark selective fishing during September 8–14 (45 days).

(3) Warrior Rock to Bonneville Dam. The recreational fishing objective for the area from Warrior Rock upstream to Bonneville Dam is defined as a season beginning August 1 and continuing through October 31 when the season is assumed to be essentially complete (92 days).

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13

Or. Admin. R. 635-500-6765 Adaptive Management

(1) The Department shall use adaptive management principles within its statutory authority in support of achieving the expectations outlined in the guiding principles of this plan.

(2) The Commission will monitor implementation of the plan with an initial review in 2014 and undertake a comprehensive review at the end of the transition period. If the guiding principles are not being met, efforts will be made to determine why and the Commission will direct the Department to identify and evaluate alternative or additional management actions necessary to meet the principles.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 152-2012, f. 12-27-12, cert. ef. 1-1-13

Or. Admin. R. 635-500-6775 Implementing the Coastal Multi-Species Conservation and Management Plan

(1) Policy. The Coastal Multi-Species Conservation and Management Plan (CMP) (State of Oregon 2014, available at the Department’s Salem office or www.dfw.state.or.us) implements the State’s strategy for protecting, enhancing and utilizing Oregon populations of Chinook salmon, spring Chinook salmon, chum salmon, winter steelhead, summer steelhead, and coastal cutthroat trout along the Oregon coast from Elk River near Cape Blanco to the Necanicum River near Seaside. The CMP is based on the premise that the Oregon Plan for Salmon and Watersheds provides the best vehicle for securing partnerships, both private and governmental, to successfully implement the actions called for in this plan. This rule describes the Commission’s contribution toward this collective effort and directs the Department’s implementation of the CMP. This rule describes the Department’s role in implementing the CMP consistent with the Department’s statutory authorities and the Native Fish Conservation Policy (OAR 635-007-0502 thru 635-007-0505). The rule is not intended to be a rigid recipe but rather to identify the range of opportunities the Department should pursue and how the effectiveness of those opportunities should be evaluated, following the template first established in the Native Fish Conservation Policy.

(2) Description of Species Management Units (SMUs) and Populations.

The SMUs for Oregon Coastal salmon, steelhead, and trout which are addressed in the CMP are comprised of geographical strata and independent populations, as listed in Table 2 of the CMP.

(3) Desired Status. The first desired status goal for Oregon Coastal salmon, steelhead and trout SMUs is to assure that all populations that are currently viable remain so, and that those not viable become so. The second goal is that eventual improvements in salmon, steelhead and trout survival from management actions provide for all populations to be highly viable and productive enough that they can provide greater ecological and fisheries benefits than are currently being provided. The desired status goals for the SMUs shall be achieved when:

(a) For the first desired status goal, viable populations identified in Table A-II: 11 of the CMP maintain the current level of metrics and scores identified in this table and populations that are not viable in this table (excluding Netarts chum, which may not be an independent population) have metrics and scores indicating they are viable, and

(b) For the second desired status goal, all independent Oregon Coastal salmon, steelhead and trout populations pass all of the measurable criteria for highly viable status. Measurable criteria for the second desired status of Oregon Coastal salmon, steelhead and trout SMUs are defined in Table A-III: 1 of the CMP for the following primary biological attributes:

(A) Abundance (adult fish abundance for constituent populations);

(B) Productivity (standardized rate of population growth for constituent natural populations);

(D) Spatial structure (distribution of populations within unit and population connectivity); and

(E) Diversity (within and among population diversity);

(c) While criteria for survival rate to each critical life history stage cannot yet be developed with the available information and monitoring, staff shall establish such criteria for these biological attributes when adequate information and monitoring are available.

(4) Current Status. The current status of each Oregon Coastal salmon, steelhead and trout SMU at the time of the adoption of this rule is described in the CMP. The Overall Status Assessment Approach section of the Current Status chapter and Table A-II: 11 of the CMP summarize the biological attributes, criteria and metrics used to assess the status of each SMU. Those biological attributes, criteria, and metrics are adopted by reference into this rule.

(5) Primary Limiting Factors.

(a) Numerous factors contribute to the gap between current and desired status of populations comprising the Oregon Coastal salmon, steelhead and trout SMUs. Marine survival of salmon, steelhead and trout associated with ocean conditions is the largest single factor regulating salmon, steelhead and trout productivity and abundance at the SMU scale. Although ocean conditions are not manageable at the scale of this plan and are thus not considered a primary limiting factor, attention to other limiting factors will be heightened during periods of poor ocean conditions.

(b) The limiting factors generally causing the gap between current and desired status for the Oregon Coastal salmon, steelhead and trout SMUs that can be managed are broadly defined as:

(A) Hatchery interactions;

(B) Fishing and harvest impacts;

(D) Habitat loss or degradation.

(c) Primary and secondary limiting factors are identified for each population within each SMU in Table 11 of the Desired Status and Limiting Factors chapter of the CMP. Staff will continue to help revise and identify new management actions addressing these factors to aid in reaching desired status. Staff may analyze the limiting factors at a finer, more localized scale when selecting or prioritizing management actions for specific areas within populations. These analyses may find primary and secondary factors different at a local scale than what was found at the SMU or population scale.

(6) Management Strategies. Management strategies to address limiting factors for each population are identified in the Management Strategies and Actions chapter of the CMP. Staff shall consider and attempt to implement these management strategies designed for the SMUs as a whole, and for constituent populations as applicable, as mechanisms to reach the desired status. Short-term (1 to 5 years) and long-term (1 to 25 years) strategies include:

(a) Manage hatchery programs to provide optimal harvest opportunities while being consistent with Desired Status targets for wild populations identified in the CMP.

(b) Manage for wild fish emphasis or hatchery fish programs in the appropriate Management Areas as outlined in Figure 13 of the CMP and obtain Commission approval for starting new or eliminating existing hatchery programs in a management area relative to those in Table 13 and Table 14 of the CMP (excluding educational and research programs).

(c) Manage recreational and commercial fisheries to provide harvest and angling opportunities consistent with conservation of naturally produced salmon steelhead and trout, and achievement of desired status goals for each SMU.

(d) Quantify impacts of predation on wild and hatchery salmon, steelhead and trout; and develop and support programs to reduce predation.

(e) Prohibit the introduction of non-native fin fish species into flowing waters and develop and support programs designed to decrease illegal introductions of non-native species.

(f) Work with habitat restoration implementers to complete or update watershed assessments (as necessary), prioritize watersheds for restoration, and implement watershed-scale restoration work to restore natural processes.

(g) Work with habitat restoration implementers to increase restoration activities in lower mainstem rivers and estuaries.

(h) Protect all habitat areas where chum salmon are currently known to spawn, and prioritize habitat rehabilitation and barrier removal work that expands the habitat base for chum.

(i) Actively pursue and promote habitat protection and restoration necessary to achieve the goals and management strategies for aquatic resources within the CMP area by means of the tactics identified in Table 21 of the CMP.

(j) Coordinate with and advise other agencies, tribes, landowners, water users, watershed councils, and others to implement habitat protection and restoration activities, with an emphasis on habitat protection and a focus on priority projects (as opposed to non-priority and opportunistic projects).

(k) Consistent with the Habitat Mitigation Policy (OAR 635-415-0000) and natural ecosystem processes, work to prevent or reduce potential losses of fish production from land and water use actions and habitat alteration to the extent possible, encourage utilization of Best Management Practices for habitat protection when conducting land and water use projects, and promote greater coordination among government partners to facilitate protective measures against emerging threats such as placer mining, climate change, and invasive species.

(l) Consider and demonstrate preference for alternatives which address both natural hazard damage mitigation and restoration of natural disturbance regimes and habitat function when implementing and making recommendations about natural hazard mitigation actions that address hazards such as flooding or fire.

(7) Adaptive Management. The Department shall employ adaptive management principles within its statutory authority in support of optimizing fisheries and achieving the desired status goals for the SMUs. The Department’s adaptive management of the SMUs will include five elements: research; monitoring; evaluation; a feedback loop; and reporting.

(a) Research. The Department shall support high priority research that addresses uncertainties related to SMU or population status and management strategies and actions needed to optimize fisheries and achieve desired status. Future research needs shall be identified during periodic assessments of the effectiveness of the CMP and with the development and update of research plans for the Department and Oregon Hatchery Research Center.

(b) Monitoring. The Department shall continue to identify, implement, and support monitoring needed to assess the status of each Oregon Coastal salmon, steelhead and trout SMU, strata, or populations relative to desired status criteria, evaluate habitat status trends, and understand fishery characteristics as funding and staffing allow.

(c) Evaluation. The Department shall identify and support evaluation needed to apply research and monitoring results to modify monitoring and management, re-assess status, and determine the effectiveness of management strategies and actions in achieving their intended outcomes.

(d) Feedback Loop. The Department shall review the results of reports and assessments identified in 635-500-6775(7)(e) and modify management strategies and actions as appropriate and within its statutory authority based on the review results. The Department shall implement the Adaptive Management processes and recommend to other agencies or entities, as necessary, appropriate modifications to management strategies and actions needed to optimize fisheries and support attainment of the desired status goals for each SMU. This feedback shall include refinement of management actions, research, monitoring and evaluation programs and desired status criteria based on the best available scientific information.

(A) The Department shall propose modifications to the CMP if any Oregon Coastal salmon, steelhead, or trout addressed in the CMP become listed under the federal ESA or if a status assessment determines an SMU has become non-viable.

(B) Deterioration in ESU status based on critical abundance thresholds and criteria identified in Table A-III:2 (with notes) of the CMP will also trigger management action re-evaluation, as well as possible additional management actions and CMP modification.

(C) Annual reports described in 635-500-6775(7)(e) will serve as an early warning system that will direct additional monitoring, evaluation, or management actions, if needed, based on annual review of monitoring data.

(e) Reporting. Annual and periodic evaluations of CMP implementation and SMU status shall be made available to the public. The Department shall prepare annual reports and conduct a 12 year (through 2026) status assessment of SMUs and populations. Additional assessments will be conducted as necessitated by new information or significant population declines.

(8) Impact on Other Native Fish Species. Management strategies identified in the CMP are likely to be beneficial to other native fish species present in the SMUs because they focus on restoring natural processes. New or modified actions shall consider impacts to other native species, as appropriate, to minimize harm and optimize benefits.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 77-2014, f. & cert. ef. 6-24-14
DFW 60-2014, f. & cert. ef. 6-10-14

Or. Admin. R. 635-500-6780 Implementing the Coastal, Columbia, and Snake Conservation Plan for Lampreys in Oregon.

(1) Policy. The Coastal, Columbia, and Snake Conservation Plan for Lampreys in Oregon (CPL; State of Oregon 2019, available at the Department’s Salem office or www.dfw.state.or.us) describes the State’s strategy for protecting and enhancing Oregon populations of Pacific lamprey, Western river lamprey, Western brook lamprey, and Pacific brook lamprey (herein, “lampreys”) along the Oregon coast and within the Columbia and Snake River basins of Oregon. The CPL identifies management strategies to address factors limiting these lampreys, and research, monitoring, and evaluation (RME) needed to fill data gaps and inform future status assessments for them. These management strategies and RME are for ODFW to implement in coordination with other entities and landowners. The CPL is based on the premise that collaborations with partners will be essential to implementing conservation actions identified in the CPL. This rule describes the Commission’s contribution toward this collective effort and directs the Department’s implementation of the CPL. This rule describes the Department’s role in implementing the CPL consistent with the Department’s statutory authorities and the Native Fish Conservation Policy (OAR 635-007-0502 through 635-007-0505). This rule is not intended to be a rigid recipe, but rather to identify the range of opportunities the Department should pursue and how the effectiveness of those opportunities should be evaluated, following the template first established in the Native Fish Conservation Policy.

(2) Description of Species Management Units (SMUs) and population strata. The SMU for each of the lampreys addressed in the CPL is the state of Oregon. Each of these SMUs is comprised of up to seven population strata (listed in Table 2.3 of the CPL).

(3) Desired Status.

(a) The desired status for Pacific lamprey is to maintain and improve the current status of all population strata such that they can provide greater ecological, economic, and cultural benefits than are currently provided. The specific desired statuses for the population strata and SMUs are listed in Table 4.1 of the CPL. These statuses can be achieved by conducting management strategies and actions that improve the outcomes for existing measurable criteria described in Tables 3.1 and 3.6 of the CPL, and gathering additional information related to all measurable criteria described in Table 3.1 of the CPL;

(b) The immediate desired status for Western river lamprey, Western brook lamprey, and Pacific brook lamprey is to improve the available information so that their current population strata statuses can be assessed in the future. This can be achieved by gathering additional information related to measurable criteria described in Table 3.1 of the CPL. Once current statuses for population strata are better understood, it can be determined whether the long-term desired status for these species of providing ecological, economic, and cultural benefits is being met.

(4) Current Status. The current status of Pacific lamprey, Western river lamprey, Western brook lamprey, and Pacific brook lamprey SMUs at the time of the adoption of this rule is described in Chapter 3 and summarized in Tables 3.6 and 3.8 of the CPL. The available biological attributes, criteria, and metrics described in Chapter 3 and summarized in Tables 3.6 and 3.8 of the CPL are adopted by reference into this rule.

(5) Primary Limiting Factors.

(a) Numerous factors contribute to the gap between current and desired status of population strata for lampreys. The limiting factors, that can be managed, generally causing the gap between current and desired status for lampreys are broadly defined as:

(A) Habitat access (upstream and downstream passage);

(B) Water quantity;

(D) Physical habitat (stream and floodplain degradation); and

(E) Predation by other species (particularly non-native fishes).

(b) Primary and secondary limiting factors are identified for population strata of each species in Table 5.2 of the CPL. Staff will continue to help revise and identify new management actions addressing these factors to aid in reaching desired status. Staff may analyze the limiting factors at a finer, more localized scale when selecting or prioritizing management actions for specific areas within population strata. These analyses may find primary and secondary factors different at a local scale than what was found at the population strata scale.

(6) Management strategies. Eight management strategies to address limiting factors are identified in Chapter 6 of the CPL. Staff shall consider and attempt to implement these management strategies as mechanisms to reach the desired status. These near-term (0 – 5 years), intermediate term (5 – 10 years), and long term (10 – 20 years) strategies include:

(a) Educate and raise awareness about lampreys;

(b) Improve passage and screening for all lampreys, across all life stages;

(d) Continue existing strategies to conserve water for native fish, and consider specific needs for lamprey;

(e) Support or initiate translocation of adult Pacific Lamprey into formerly occupied (but currently inaccessible) habitats, where warranted;

(f) Establish in-water work Best Management Practices specific to lampreys to inform and provide guidance on key time periods for conducting in-water work, how to avoid lampreys, and how to salvage them;

(g) Implement existing and modified angling regulations and other management actions on non-native fishes known to depredate lampreys such that their impact on lampreys is reduced; and

(h) Continue existing management practices on pinnipeds designed to mitigate predation by these animals on native fish.

(7) Adaptive Management. The Department shall employ adaptive management principles within its statutory authority in support of achieving the desired status goals for lampreys. The Department’s adaptive management will proceed as funding and staffing allow, and include:

(a) Research. The Department shall support high priority research that addresses uncertainties related to the status of population strata and lampreys and implementation of management strategies and actions needed to achieve desired status;

(b) Monitoring. The Department shall continue to identify, implement, and support monitoring needed to assess the status of lampreys relative to desired status criteria, existing and potential limiting factors, future threats, and management strategies and actions;

(c) Evaluation. The Department shall identify and support evaluations needed to utilize research and monitoring data to identify or improve research and monitoring needs, determine the effectiveness of management strategies and actions in achieving intended outcomes, track and summarize information, and re-assess status;

(d) Review;

(A) The Department shall regularly review the results of research, monitoring, evaluation, and other available scientific information as it is developed. Based on these reviews, management strategies and actions and research, monitoring, and evaluation programs will be modified as necessary, appropriate, and within the Department’s statutory authority to attain desired status goals. The Department shall coordinate with other agencies or entities, as appropriate, to advance or modify management strategies and actions and research, monitoring, and evaluation programs needed to support attainment of the desired status goals;

(B) In 2040, and every 20 years thereafter, the Department shall conduct a complete status assessment, based on measurable criteria utilized in the CPL or developed afterward, of all population strata and lampreys covered in the CPL;

(C) Additional limited (i.e., specific population stratum or lamprey) or complete (i.e., all population strata and lampreys) status assessments, based on measurable criteria utilized in the CPL or developed afterward, will be conducted if research, monitoring, or evaluation information indicates significant new or potential declines;

(D) The Department shall review, and modify as appropriate, the CPL if a future status assessment determines a currently viable population stratum has become non-viable;

(E) The Department shall review, and modify as appropriate, the CPL if any of the lampreys in the CPL become listed under the federal ESA;

(e) Reporting. As available, research, monitoring, evaluation, and review Information related to implementing the CPL will be aggregated and posted on a publicly-accessible Department website.

(8) Impact on Other Native Fish Species. Management strategies identified in the CPL are likely to be beneficial to other native fish species present in the population strata because these strategies focus on restoring natural processes. New or modified actions shall consider impacts to other native species, as appropriate, to minimize harm and optimize benefits.

History

Statutory/Other Authority: ORS 496.138, 496.146 & 506.119
Statutes/Other Implemented: ORS 506.109 & 506.129
DFW 171-2019, adopt filed 12/10/2019, effective 01/01/2020

Or. Admin. R. 635-500-6785 Implementing the Rogue–South Coast Multi-Species Conservation and Management Plan

The Rogue–South Coast Multi-Species Conservation and Management Plan (RSP) (State of Oregon 2021, available at the Department’s Salem office or www.dfw.state.or.us) implements the State’s strategy for protecting, enhancing, and utilizing Oregon populations of winter steelhead, summer steelhead, coho salmon, and coastal cutthroat trout along the Oregon coast from Elk River near Cape Blanco to the Winchuck River.

(1) Policy. The RSP is based on the premise that the Oregon Plan for Salmon and Watersheds provides the best vehicle for securing partnerships, both private and governmental, to successfully implement the actions called for in this plan. This rule describes the Oregon Fish and Wildlife Commission’s (Commission) contribution toward this collective effort and directs the Department’s implementation of the RSP. This rule also describes the Department’s role in implementing the RSP consistent with the Department’s statutory authorities, Native Fish Conservation Policy (OAR 635-007-0502 thru 635-007-0505) and Climate and Ocean Change Policy (OAR 635-900-0001 thru 635-900-0020). The rule is not intended to be prescriptive but rather to identify the range of opportunities the Department should pursue and how the effectiveness of those opportunities should be evaluated, following the template first established in the Native Fish Conservation Policy .

(2) Description of Species Management Units (SMUs) and Populations. The Rogue–South Coast winter steelhead, summer steelhead, coho, and coastal cutthroat trout SMUs (Plan SMUs) which are addressed in the RSP are comprised of geographical strata and independent populations, as listed in RSP Table 2.

(3) Desired Status. The desired status for the Plan SMUs is to maintain or improve SMU status as described in RSP Table 7 and to maintain or improve outcomes for populations or strata based on measurable criteria as described in RSP Table 8. Achieving desired status for SMUs, strata, and populations will increase the ecological, economic, and cultural benefits they provide and increase their resilience to climate and ocean change.

(4) Current Status. The status of the Plan SMUs at the time of the adoption of this rule is described in the RSP. The Current Status chapter Overall Status Assessment Approach section and RSP Table 4 summarize the biological attributes, criteria, and metrics used to assess the status of each SMU. Those biological attributes, criteria, and metrics are adopted by reference into this rule.

(5) Primary Limiting Factors.

(a) Numerous factors contribute to the gap between current and desired status of populations comprising the Plan SMUs. Marine survival associated with ocean conditions strongly influences productivity and abundance for Plan SMUs. Although ocean conditions are not manageable at the scale of this plan and are thus not considered a primary limiting factor, attention to other limiting factors will be heightened during periods of poor ocean conditions.

(b) Manageable limiting factors generally causing the gap between current and desired status for the Plan SMUs are broadly defined as:

(A) Habitat access (upstream and downstream passage; access to off-channel habitat);

(B) Water quality;

(D) Physical habitat structure/complexity; and

(E) Interactions with other species (including predators).

(c) Primary and secondary limiting factors are identified for each population within each SMU in the RSP Limiting Factors chapter, Table 9. The Department will continue to help revise and identify new management actions addressing these factors to aid in reaching desired status. The Department may analyze the limiting factors at a finer, more localized scale when selecting or prioritizing management actions for specific areas within populations. These analyses may find primary and secondary factors different at a local scale than what was found at the SMU or population scale.

(6) Management Strategies. Management strategies to address limiting factors for each population are identified in the RSP Management Strategies and Actions chapter. The Department will consider and attempt to implement these management strategies designed for the Plan SMUs as a whole, and for constituent populations as applicable, as mechanisms to reach the desired status. Short-term (1 to 5 years) and long-term (1 to 25 years) strategies are identified in seven categories:

(a) Habitat:

(A) Promote and implement a tiered approach to habitat restoration efforts and funding to achieve maximum benefit for plan species. Prioritize restoration actions, including actions identified in Coho Strategic Action Plans, in the following order:

(i) actions to address primary limiting factors in population areas with an independent coho salmon population;

(ii) actions to address primary limiting factors in other population areas; and

(iii) actions to address secondary limiting factors for all population areas.

(B) Within the Rogue and Coastal strata, identify watersheds that will be key to supporting plan populations in the future, and focus habitat protection and restoration activities towards these watersheds.

(C) Consistent with the Department’s mission, policies, and laws, continue to coordinate with and advise other agencies, local governments, and regulatory entities to ensure that habitat protection processes and actions provide the best possible outcomes for native fish.

(D) Exhibit leadership in coordinating the implementation of actions to adapt to climate change.

(E) Encourage citizen involvement to help implement habitat protection and restoration actions.

(F) Promote beavers and beaver-related pond habitat to increase water quantity and stream complexity, primarily through riparian restoration and helping landowners learn to live with beaver impacts.

(b) Other Species:

(A) Support programs that reduce conflict between predators and anglers.

(B) Assess predator impacts and feasibility of management options with an over-arching science approach across predators.

(C) Implement a strategic approach to reducing impacts from non-native minnows, with a focus on water quality to favor salmon and steelhead. Remove non-native minnows where possible to reduce impacts on native fish.

(D) Prohibit the introduction of non-native fin fish species into flowing waters, and develop and support programs designed to decrease illegal introductions of non-native species.

(A) Manage hatchery programs to provide optimal harvest opportunities and meet mitigation goals while being consistent with desired status targets for wild populations.

(B) Manage hatchery programs to minimize risk to the long-term adaptive capacity of wild populations.

(C) Manage for wild fish emphasis or mixed emphasis in the appropriate Management Areas as outlined in RSP Figure 14 and obtain Commission approval for starting new or eliminating existing hatchery programs in a Management Area relative to those in RSP Table 14 (excluding educational and research programs and conservation actions).

(d) Fishing:

(A) Manage recreational fisheries to provide harvest and angling opportunities consistent with conservation of naturally produced steelhead, coho salmon, and cutthroat trout, and achievement of desired status goals for each SMU.

(B) Manage fisheries proactively for the future and respond to changing environmental conditions.

(e) Research and Monitoring:

(A) Identify and implement sustainable monitoring approaches that align with management and status determination needs.

(B) Monitor appropriate metrics to document changing climate and ocean conditions and the impacts of those changes on plan species and their habitats.

(D) Conduct research to reduce key uncertainties related to the response of plan species and their habitats to climate and ocean change.

(f) Outreach/Enforcement:

(A) Encourage angler stewardship to reduce impacts without adding layers of regulation and increase cooperation with Oregon State Police to help enforce existing regulations.

(B) Increase and diversify public participation in fishing and native fish conservation.

(C) Improve communication with the public; provide more information through more diverse avenues of communication and collect information to inform management.

(D) Encourage citizen involvement to help implement habitat protection and restoration actions, and encourage landowner participation in these critical actions.

(g) Facilities:

(A) Invest in infrastructure that best supports the Department’s mission.

(B) Develop and maintain public access to increase fishing opportunity and improve angler experience.

(a) Research. The Department shall support high priority research that addresses uncertainties related to SMU or population status and management strategies and actions needed to optimize fisheries and achieve desired status as funding and staffing allow. Future research needs may be identified, or research needs described at the time of plan adoption may be modified, as a result of periodic assessments of the RSP and with the development and update of research plans for the Department and Oregon Hatchery Research Center.

(b) Monitoring. The Department shall continue to identify, implement and support monitoring needed to assess the status of SMUs, strata, or populations relative to desired status criteria, evaluate habitat status trends and understand fishery characteristics as funding and staffing allow. Future monitoring needs may be identified, or monitoring needs described at the time of plan adoption may be modified, during periodic assessments of the RSP and with the development and update of monitoring plans for the Department.

(c) Evaluation. The Department shall identify and support evaluation needed to apply research and monitoring results to modify monitoring and management, re-assess status and determine the effectiveness of management strategies and actions in achieving their intended outcomes as funding and staffing allow. Future evaluation needs may be identified, or evaluation needs described at the time of plan adoption may be modified, as a result of periodic assessments of the RSP.

(d) Feedback Loop. The Department shall review the results of reports and assessments identified in OAR 635-500-6785(7)(e) and modify management strategies and actions as appropriate and within its statutory authority based on the review results. The Department shall implement the Adaptive Management processes and recommend to other agencies or entities, as necessary, appropriate modifications to management strategies and actions needed to optimize fisheries and support attainment of the desired status goals for each SMU. This feedback shall include refinement of management actions, research, monitoring and evaluation programs and desired status criteria based on the best available scientific information.

(A) The Department shall propose modifications to the RSP if the listing status under the federal Endangered Species Act changes for any species addressed in the RSP.

(B) If a status assessment described in OAR 635-500-6785(7)(e) indicates deterioration of populations or SMUs, or a noticeable lack of progress toward desired status, the Department will determine if the strategies being used to achieve desired status need to be substantively changed or modified. If so, a public process will be undertaken, with Commission approval necessary for such changes.

(C) The annual review of monitoring data necessary to produce annual reports described in OAR 635-500-6785(7)(e) will serve as an early warning system that will inform the need for additional or modified research, monitoring, evaluation, or management actions. If review of annually collected data or other information appears to show that measurable criteria as identified in RSP Appendix VII – Management Triggers and Actions are not being met, the Department will determine and implement necessary modified actions. The modification of management actions will be detailed in annual reports.

(e) Reporting. Annual and periodic evaluations of RSP implementation and SMU status shall be made available to the public. The Department shall prepare annual reports and conduct a 12-year status assessment of SMUs and populations. Additional assessments will be conducted as necessitated by new information or significant population declines.

(8) Impact on Other Native Fish Species. Management strategies identified in the RSP are likely to be beneficial to other native, indigenous fish species present in the SMUs because they focus on restoring natural processes. New or modified actions shall consider impacts to other native, indigenous fish species, as appropriate, to minimize harm and optimize benefits.

History

Statutory/Other Authority: ORS 496.138, ORS 506.119 & ORS 496.146
Statutes/Other Implemented: ORS 506.109 & ORS 506.129
DFW 21-2022, adopt filed 02/25/2022, effective 02/25/2022

Division 600 CRIMINAL HISTORY CHECK AND FITNESS DETERMINATION RULES

Or. Admin. R. 635-600-0000 Statement of Purpose and Statutory Authority

Purpose: These rules provide for the Department’s acquisition of information about a subject individual’s criminal history through criminal history checks and its use of that information to determine whether the subject individual is fit to provide services to the Department as an employee, contractor, vendor or volunteer in a position covered by OAR 635-600-0010(2). The fact that the Department approves a subject individual as fit does not guarantee the individual a position as a Department employee, contractor, vendor or volunteer.

History

Statutory/Other Authority: ORS 496.121 & ORS 181A.195
Statutes/Other Implemented: ORS 181A.195 & ORS 496.121
DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018
DFW 149-2009, f. 12-15-09, cert. ef. 1-1-10
DFW 40-2008, f. & cert. ef. 4-24-08

Or. Admin. R. 635-600-0005 Definitions

As used in OAR chapter 635, division 600, unless the context of the rule requires otherwise, the following definitions apply:

(1) "Approved" means that, pursuant to a preliminary fitness determination under OAR 635-600-0020 or a final fitness determination under OAR 635-600-0030, the Department has determined that the subject individual is fit to be an employee, contractor, vendor or volunteer in a position covered by OAR 635-600-0010(2).

(2) "Conviction" means that a court of law has entered a final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere (no contest) or any determination of guilt entered by a court of law against a subject individual in a criminal case, unless that judgment has been reversed or dismissed by a subsequent court decision.

(3) “Criminal Offender Information” means records, including fingerprints and photographs, and related data received, compiled, and disseminated by the Oregon Department of State Police (OSP), or by other states, for purposes of identifying criminal offenders and alleged offenders, and maintained as part of an individual’s records of arrests, the nature and disposition of criminal charges, including sentencing, confinement, but does not include the retention by OSP or records of transfer of inmates between penal institutions or other correctional facilities, and release.

(4) “Crime Relevant to a Fitness Determination” means a crime listed or described in OAR 635-600-0035.

(5) "Criminal History Check and Fitness Determination Rules" or "These Rules" means OAR chapter 635, division 600.

(6) "Criminal History Check" or "CHC" means obtaining and reviewing criminal records as required or permitted by these rules and includes any or all of the following processes:

(a) A check of criminal offender information and driving records conducted through use of the Law Enforcement Data System (LEDS) maintained by the Oregon Department of State Police, in accordance with the rules adopted and procedures established by the Oregon Department of State Police (LEDS Computerized Criminal History check);

(b) A check of Oregon or other state criminal offender information, including through fingerprint identification or other means, conducted by the Oregon Department of State Police at the Department’s request (Oregon or State Criminal History Check); or

(c) A national check of federal criminal offender information, including through fingerprint identification, conducted by the Oregon Department of State Police through the Federal Bureau of Investigation or otherwise at the Department’s request (National Criminal History Check).

(7) "Denied" means that, pursuant to a preliminary fitness determination under OAR 635-600-0020 or a final fitness determination under OAR 635-600-0030, the Department has determined that the subject individual is not fit to be an employee, contractor, vendor or volunteer in a position covered by OAR 635-600-0010(2).

(8) "Department" means the Oregon Department of Fish and Wildlife or any subdivision thereof.

(9) “False Statement” means that, in association with an activity governed by these rules, a subject individual either: (a) provided the Department with materially false information about his or her criminal history, such as, but not limited to, materially false information about his or her identity or conviction record; or (b) failed to provide to the Department information material to determining his or her criminal history.

(10) “Fitness Determination” means a determination made by the Department pursuant to the process established in OAR 635-600-0020 (preliminary fitness determination) or 635-600-0030 (final fitness determination) that a subject individual is or is not fit to be a Department employee, contractor, vendor or volunteer in a position covered by OAR 635-600-0010(2).

(11) “Provide Services” means any provision of what is necessary for the health, welfare, maintenance or protection of an individual.

(12) "Subject Individual” means an individual identified in ORS 496.121 and OAR 635-600-0010 who is required to complete a criminal history check pursuant to these rules and from whom the Department may require fingerprints for the purpose of conducting a criminal history check.

History

Statutory/Other Authority: ORS 181A.195 & ORS 496.121
Statutes/Other Implemented: ORS 181A.195 & ORS 496.121
DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018
DFW 149-2009, f. 12-15-09, cert. ef. 1-1-10
DFW 40-2008, f. & cert. ef. 4-24-08

Or. Admin. R. 635-600-0010 Subject Individual

“Subject Individual” means a person who is required to complete a criminal history check pursuant to these rules and from whom the Department may require fingerprints for the purpose of conducting a criminal history check because the person:

(1)(a) Is employed by or considered for employment by the Department; or

(b) Provides services or seeks to provide services to the Department as a contractor, vendor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(a) In which the person has direct access to persons under 18 years of age, elderly persons or persons with disabilities;

(b) That has personnel or human resources functions as one of the position’s primary responsibilities;

(c) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

(d) That involves the use, possession, issuance, transport, purchase, sale or forfeiture of firearms or munitions, access to firearms or munitions or the training of others in the use or handling of firearms;

(e) In which the person resides on property managed by the Department;

(f) In which the person has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations;

(g) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state;

(h) That has mailroom duties as a primary duty or job function;

(i) In which the person has responsibility for auditing the Department;

(j) In which the person has access to Social Security numbers, dates of birth or criminal background information of employees or members of the public; or

(k) In which the person has access to tax or financial information about individuals or business entities.

History

Statutory/Other Authority: ORS 181A.195 & ORS 496.121
Statutes/Other Implemented: ORS 181A.195 & ORS 496.121
DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018
DFW 149-2009, f. 12-15-09, cert. ef. 1-1-10
DFW 40-2008, f. & cert. ef. 4-24-08

Or. Admin. R. 635-600-0015 Criminal History Check Process

(1) Disclosure of Information by Subject Individual.

(a) Preliminary to a criminal history check, a subject individual shall complete an ODFW Criminal History Request form and, if requested by the Department, a fingerprint capture. The Criminal History Request form may include, but not limited to: legal name and aliases, date of birth, Social Security Number, driver license or identification card number, address, and residency information, disclosure of criminal history (all arrests, charges, convictions and offenses), and any other information deemed necessary by the Department. The ODFW Criminal History Request form may also require details concerning any circumstance listed in OAR 635-600-0030.

(b) A subject individual shall complete and submit to the Department the ODFW Criminal History Request form and, if requested, a fingerprint capture within three business days of receiving the forms. The Department may extend the deadline for good cause.

(c) The Department shall not request a fingerprint capture from a subject individual under the age of 18 years unless the subject individual is emancipated pursuant to ORS 419B.550 et seq, or unless the Department also requests the written consent of a parent or guardian. In such case, such parent or guardian and youth must be informed that they are not required to consent. Notwithstanding, failure to consent may be construed as a refusal to consent.

(d) The Department may require additional information from the subject individual as necessary to complete the criminal history check and fitness determination, such as, but not limited to, proof of identity; or additional criminal, judicial, or other background information. Within a reasonable period of time as established by the Department, a subject individual shall disclose additional information as requested by the Department.

(2) When a Criminal History Check is Conducted. The Department may conduct, or request that the Oregon Department of State Police conduct, a criminal history check when:

(a) An individual meets the definition of “subject individual”; or

(b) Required by federal law or regulation, by state law or administrative rule, or by contract or written agreement with the Department.

(3) Which Criminal History Check(s) Is Conducted. When the Department determines under subsection (2) of this rule that a criminal history check is needed, the Department may request or conduct a LEDS Criminal History Check, an Oregon Criminal History Check, a Nationwide Criminal History Check, or any combination thereof.

History

Statutory/Other Authority: ORS 181A.195 & ORS 496.121
Statutes/Other Implemented: ORS 496.121 & ORS 181A.195
DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018
DFW 40-2008, f. & cert. ef. 4-24-08

Or. Admin. R. 635-600-0020 Preliminary Fitness Determination

(1) The Department may conduct a preliminary fitness determination if the Department is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination.

(2) If the Department elects to make a preliminary fitness determination about a subject individual, pending a final fitness determination, the Department shall make a preliminary fitness determination about a subject individual based on information disclosed by the subject individual under OAR 635-600-0015(1) and a LEDS Criminal History Check.

(3) The Department shall approve a subject individual as fit on a preliminary basis if the authorized designee has no reason to believe [that ]the subject individual has made a false statement and the information available to the Department does not disclose that the subject individual .

(a) Has pled nolo contendere (or no contest) to, been convicted of, found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed under OAR 635-600-0035;

(b) Is being investigated for, has an outstanding warrant for, or has been charged with a crime listed under OAR 635-600-0035;

(d) Has a deferred sentence or conditional discharge in connection with a crime listed under OAR 635-600-0035; or

(e) Has been adjudicated in a juvenile court and found to be within the court’s jurisdiction for an offense that would have constituted a crime listed in OAR 635-600-0035 if committed by an adult.

(4) If the information available to the Department discloses one or more of the circumstances identified in section (3), the Department may approve a subject individual on a preliminary basis if the Department concludes, after evaluating all available information and considering the factors in OAR 635-600-0030(1), that hiring or appointing the subject individual on a preliminary basis does not pose any risk of harm to the Department, its client entities, the State, or members of the public.

(5) If a subject individual is either approved or denied on the basis of a preliminary fitness determination, the Department shall conduct a final fitness determination under OAR 635-600-0030.

(6) A subject individual may not appeal a preliminary fitness determination.

History

Statutory/Other Authority: ORS 181A.195 & ORS 496.121
Statutes/Other Implemented: ORS 181A.195 & ORS 496.121
DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018
DFW 40-2008, f. & cert. ef. 4-24-08

Or. Admin. R. 635-600-0025 Hiring or Appointing on a Preliminary Basis

(1) The Department may hire or appoint a subject individual on a preliminary basis if the Department has approved the subject individual on the basis of a preliminary fitness determination under OAR 635-600-0020.

(2) A subject individual hired or appointed on a preliminary basis under this rule may participate in training, orientation, or work activities as assigned by the Department.

(3) A subject individual hired or appointed on a preliminary basis is deemed to be on trial service and, if terminated prior to completion of a final fitness determination under OAR 635-600-0030, may not appeal the termination under the process provided under OAR 635-600-0050.

(4) If a subject individual hired or appointed on a preliminary basis is denied upon completion of a final fitness determination, then the Department shall immediately terminate the subject individual's employment or appointment.

History

Statutory/Other Authority: ORS 181A.195 & ORS 496.121
Statutes/Other Implemented: ORS 181A.195 & ORS 496.121
DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018
DFW 40-2008, f. & cert. ef. 4-24-08

Or. Admin. R. 635-600-0030 Final Fitness Determination

(1) The Department shall consider the following factors in relation to information provided by the subject individual, including any criminal offender information obtained through a criminal history check and other information known by the Department:

(a) The nature of the crime;

(b) The facts that support the conviction, or that indicate the making of a false statement;

(c) The relevancy, if any, of the crime or the false statement to the specific requirements of the subject individual’s present or proposed position, services , employment, license, certification or registration; and

(d) Intervening circumstances relevant to the responsibilities and circumstances of the position, services, employment, license, certification, registration or permit such as:

(i) The passage of time since the commission of the crime;

(ii) The age of the subject individual at the time of the crime;

(iii) The likelihood of a repetition of offenses or of the commission of another crime;

(iv) The subsequent commission of another relevant crime;

(v) Whether the conviction was set aside and the legal effect of setting aside the conviction; and

(vi) The recommendation of an employee.

(2) Upon completion of the fitness determination, one of the following outcomes shall be made and written notification shall be provided to the subject individual indicating the outcome when appeal rights are afforded or when a fitness determination is not completed;

(a) Approval.

(A) The subject individual is approved to work, obtain or retain credentials, have direct access, or otherwise provide services to individuals.

(B) An approved outcome does not guarantee employment, obtaining or retaining credentials, or the ability to have direct access, or otherwise provide services, to individuals.

(b) Restricted or Conditional Approval.

(A) The Department may restrict the approval to specific activities, clients or locations.

(B) The Department may complete a new criminal history check and fitness determination on the subject individual prior to removing a restriction.

(A) The Department denies a subject individual if the Department determines, through a fitness determination, that the subject individual is not fit to work, obtain or retain credentials, have direct access, or otherwise provide services to individuals.

(B) If a subject individual is denied, then the subject individual shall not work, receive or retain credentials, have direct access, or otherwise provide services to individuals.

(d) Incomplete Fitness Determination.

(A) The subject individual discontinues the criminal history process for any reason or refuses to be fingerprinted or respond to written correspondence from the Department.

(B) The subject individual is determined to be ineligible for reasons other than a criminal history check.

(C) The subject individual is determined to be ineligible pursuant to the Department’s enabling statute, or otherwise provided by law.

(D) The subject individual shall not be allowed to work, receive credentials, have direct access, or otherwise provide services to individuals.

(e) Refusal to Consent. If a subject individual refuses to submit or consent to a criminal history check, or refuses to be fingerprinted, the Department shall deny the employment of the subject individual, or revoke or deny any applicable position, authority to provide services, license, certification, registration or permit. A person may not appeal any determination made based on a refusal to consent.

(3) Final Order. A completed final fitness determination is final unless the subject individual appeals by requesting either a contested case hearing or an alternative appeal process as provided by OAR 635-600-0050.

History

Statutory/Other Authority: ORS 181A.195 & ORS 496.121
Statutes/Other Implemented: ORS 181A.195 & ORS 496.121
DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018
DFW 149-2009, f. 12-15-09, cert. ef. 1-1-10
DFW 40-2008, f. & cert. ef. 4-24-08

Or. Admin. R. 635-600-0035 Crimes Relevant to a Fitness Determination

(1) A conviction of any of the following crimes or offenses is potentially disqualifying, unless otherwise provided by law.

(a) All felonies.

(b) All misdemeanors.

(2) The Department shall evaluate a crime or offense on the basis of the laws of the jurisdiction in which the crime or offense occurred.

(3) The following are examples of crimes likely to result in denial unless there are significant mitigating circumstances;

(a) ORS 163.095, Aggravated murder;

(b) ORS 163.115, Murder;

(d) ORS 163.405, Sodomy I;

(e) ORS 163.411, Unlawful sexual penetration I;

(f) ORS 163.427, Sexual abuse I.

(4) Under no circumstances shall a subject individual be denied under these rules because of a juvenile record that has been expunged or set aside pursuant to ORS 419A.260 to 419A.262.

(5) Under no circumstances shall a subject individual be denied under these rules due to the existence or contents of an adult record that has been set aside pursuant to ORS 137.225.

(6) Examples of other criminal offender information that may be potentially disqualifying may include;

(a) Sex offender registration,

(b) Conditions of parole, probation, or diversion program, or

History

Statutory/Other Authority: ORS 181A.195 & ORS 496.121
Statutes/Other Implemented: ORS 181A.195 & ORS 496.121
DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018
DFW 40-2008, f. & cert. ef. 4-24-08

Or. Admin. R. 635-600-0050 Appealing a Final Fitness Determination

(1) An authorized designee shall provide written notice to a subject individual upon completion of the final fitness determination when there is a denied or restricted approval. Such notice shall meet the requirements of ORS 183.415 and shall be served personally or by registered or certified mail.

(2) A subject individual may appeal a final fitness determination outcome of a denied or restricted approval. To appeal a Final Fitness Determination:

(a) The subject individual shall submit a written request for a review to the appropriate ODFW Division or Region Administrator within 14 calendar days from the date they were notified of a denied or restricted approval.

(b) If the outcome of the review in subsection (2)(a) continues to be a denied or restricted approval, the subject individual or the subject individual’s legal representative shall submit a written request for a contested case hearing to the address specified in the written notice provided by Department, within 14 calendar days of the date appearing on the written notice from the ODFW Division or Region Administrator. The Department shall address a request received after expiration of the deadline as provided under OAR 137-003-0528.

(3) When a timely request for a contested case hearing is received by the Department under subsection 2b, a contested case hearing shall be conducted by the Office of Administrative Hearings.

(4) Confidentiality. The Department or the administrative law judge may protect information made confidential by ORS 181A.195 or other applicable law as provided in OAR 137-003-0568.

(5) No Public Attendance. Contested case hearings on fitness determinations are closed to non-participants.

(6) Proposed and Final Order

(a) Proposed Order. After a hearing, the administrative law judge shall issue a proposed order.

(b) Exceptions. Exceptions, if any, shall be filed within 14 calendar days after service of the proposed order. The proposed order shall provide an address to which exceptions must be sent.

(A) Unless the subject individual makes a timely request for a hearing; or

(B) When a party withdraws a hearing request, notifies the agency or the ALJ that the party will not appear, or fails to appear at the hearing.

(7) Alternative Process. A subject individual currently employed by the Department may choose to appeal a final fitness determination either under the process made available by this rule or through the process made available by applicable personnel rules, policies and collective bargaining provisions. A subject individual’s decision to appeal a fitness determination through applicable personnel rules, policies, and collective bargaining provisions is an election of remedies as to the rights of the individual with respect to the fitness determination and is a waiver of the contested case process made available by this rule.

(8) Challenging Criminal Offender Information. A subject individual may not use the appeals process established by this rule to challenge the accuracy or completeness of information provided by the Oregon Department of State Police, the Federal Bureau of Investigation, or agencies reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation.

(a) To challenge information identified in this section (8), a subject individual may use any process made available by the providing agency.

(b) If the subject individual successfully challenges the accuracy or completeness of information provided by the Oregon Department of State Police, the Federal Bureau of Investigation, or an agency reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation, the subject individual may request that the Department conduct a new criminal history check and re-evaluate the original fitness determination made under OAR 635-600-0030 by submitting a new ODFW Criminal History Request form. This provision only applies if the position for which the original criminal history check was conducted is vacant and available.

(9) Remedy. The only remedy that may be awarded is a determination that the subject individual is fit, or not fit. Under no circumstances shall the Department be required to place a subject individual in any position, nor shall the Department be required to accept services or enter into a contractual agreement with a subject individual.

(10) No delay in hiring. Appealing a fitness determination, challenging criminal offender information with the agency that provided the information, or requesting a new criminal history check and re-evaluation of the original fitness determination, may not delay or postpone the Department's hiring process or employment decisions.

History

Statutory/Other Authority: ORS 181A.195 & ORS 496.121
Statutes/Other Implemented: ORS 181.A.195 & ORS 496.121
DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018
DFW 40-2008, f. & cert. ef. 4-24-08

Or. Admin. R. 635-600-0055 Recordkeeping and Confidentiality

(1) Criminal Offender information obtained in the criminal history check is confidential. The Department must restrict the dissemination of information obtained in the criminal history check. Only those persons, as identified by the Department, with a demonstrated and legitimate need to know the information, may have access to the criminal history check records.

(2) If a fingerprint-based criminal history check was conducted with regard to a subject individual, the Department shall permit that subject individual to inspect his or her own state and federal criminal offender information, unless prohibited by state or federal law and only the extent required by the terms of the Public Records law.

(3) Sharing information. Final fitness determination results may be shared with other authorized agencies that have already made a fitness determination for the subject individual once they have received a request pursuant to ORS 181A.195(10)(c)(A).

History

Statutory/Other Authority: ORS 181A.195 & ORS 496.121
Statutes/Other Implemented: ORS 181A.195 & ORS 496.121
DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018
DFW 40-2008, f. & cert. ef. 4-24-08

Or. Admin. R. 635-600-0065 Fees

(1) The Department may charge a fee, not to exceed the actual cost to the Department, for acquiring and furnishing criminal offender information for use in making a fitness determination.

(2) The Department may charge the fee to the subject individual on whom criminal offender information is sought, or, if the subject individual is an employee of a Department contractor and is undergoing a fitness determination in that capacity, the Department may charge the fee to the subject individual's employer.

History

Statutory/Other Authority: ORS 181A.195 & ORS 496.121
Statutes/Other Implemented: ORS 181A.195 & ORS 496.121
DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018
DFW 40-2008, f. & cert. ef. 4-24-08

Division 800 TRIBAL AGREEMENTS

Or. Admin. R. 635-800-0015 Burns Paiute Ceremonial Harvest Permits

Ceremonial harvest permits for use by the Burns Paiute Tribe (the “Tribe”).

(1) The Commission authorizes the harvest of deer, elk and pronghorn antelope by members of the Tribe for ceremonial, subsistence, and cultural purposes in accordance with these rules.

(2) Authorization for harvest permits will be considered only upon written request from the Tribe.

(3) Authorization for harvest shall specify the season dates, times, locations, and numbers of permits authorized for each species.

(a) Permits authorized shall be provided to the Tribe and may be used only by enrolled members of the Tribe. Each permit shall specify the season dates, times, and location where the permit is valid.

(b) Enrolled Burns Paiute Tribal members using authorized harvest permits must carry on their person a valid harvest permit, and shall present this document, as well as documents identifying said hunter as a member of the Burns Paiute Tribe, to Department employees or law enforcement personnel upon request.

(c) Enrolled Burns Paiute Tribal members designated to harvest animals using ceremonial or subsistence harvest permits shall not be required to possess a state hunting license or big game tags in addition to the harvest permits authorizing harvest.

(d) In recognition of accepted Tribal custom, the Commission acknowledges that Tribal authorities may designate individuals to harvest animals using these harvest permits. The Tribe may designate the number of permits used by enrolled Burns Paiute Tribal members, so long as the total harvest does not exceed the number of permits authorized under subsection (e) of these rules.

(e) Pursuant to a request received under subsection (2), the Department shall issue up to sixteen (16) deer permits with a bag limit of “one deer”, up to thirty (30) elk permits with a bag limit of “one elk”, and up to four (4) pronghorn antelope permits with a bag limit of “one pronghorn”, for ceremonial or subsistence purposes annually. Season dates are: January 1 through last day of the Department's unit wide, Any Legal Weapon controlled 100 series hunt in the Juntura and Sage Hen Hunt Areas for deer permits, January 1 through November 30 for elk permits in the Silvies, Malheur River, and Beulah WMUs, and January 1 through the last day of the Department's unit wide, Any Legal Weapon controlled hunt in the Silvies, Malheur River, and BeulahWMUs for pronghorn antelope.

(f) Each permit shall be validated immediately upon successful harvest of a designated animal by blacking out in ink, or removing in its entirety, only the month and day of the kill. The permit shall be attached securely to the game mammal in plain sight. The permit shall be kept attached to the carcass, or remain with any parts thereof, so long as the same are preserved.

(g) Ceremonial or subsistence harvest permits are valid only on federal lands and Burns Paiute Tribal lands (Tribal trust and fee title) in the area described in 3e, and the Buena Vista unit of the Malheur National Wildlife Refuge when also in possession of a valid special use permit issued by the Malheur National Wildlife Refuge. Ceremonial or subsistence harvest permits cannot be used on private lands and do not authorize trespass upon private lands to access federal or tribal lands where landowner permission has not been obtained. These harvest permits do not authorize entry or use on public lands where hunting, access, or discharge of firearms is precluded by any other statute, rule or law.

(h) Methods of take, shooting hours, and other restrictions or limits on hunting methods, weapons and techniques all remain the same as those pertaining to sport harvest during other Commission authorized big game seasons,or as restricted by conditions of a special use permit issued by Malheur National Wildlife Refuge when hunting in the Buena Vista unit of the Malheur National Wildlife Refuge. Harvest of elk is restricted to archery equipment only from August 15 to October 15.

(i) If a ceremonial need arises after the end of authorized season dates and a previously issued ceremonial harvest tag from that year was not validated for harvest, the Tribe may request a date extension in writing.

(A) Written request must include the cultural or ceremonial need as determined by the Tribe, the requested new dates for hunt, and the original tag.

(B) The species on the ceremonial harvest tag cannot be changed.

(C) The Department will consider the request to avoid conflicts with ongoing hunting seasons and may limit the hunt area from the description in (3)(e).

(D) If approved, the local Wildlife District staff from the Department will provide the revalidated tag to the Tribe.

(4) The Tribe shall report all harvest of deer, elk or pronghorn antelope conducted under these harvest permits to the Department on an annual basis.

(5) Animals harvested under an authorized harvest permit may only be used by Tribal members for ceremonial, subsistence, and cultural purposes. Animals and parts thereof may not be bartered or sold.

(6) Authorization of these hunting permits does not create, convey, modify, limit, impede or imply any tribal legal or treaty entitlement.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 496.138, 496.162, 496.146 & ORS 496.012
Statutes/Other Implemented: ORS 496.138, 496.162, 496.146 & ORS 496.012
DFW 5-2026, amend filed 01/22/2026, effective 01/22/2026
DFW 101-2025, renumbered from 635-043-0150, filed 10/20/2025, effective 10/20/2025
DFW 42-2022, amend filed 05/05/2022, effective 05/05/2022
DFW 153-2020, amend filed 12/17/2020, effective 12/17/2020
DFW 91-2020, temporary amend filed 07/14/2020, effective 07/14/2020 through 01/09/2021
DFW 73-2019, amend filed 06/12/2019, effective 06/12/2019
DFW 3-2019, temporary amend filed 01/11/2019, effective 01/11/2019 through 07/09/2019
DFW 182-2018, adopt filed 12/13/2018, effective 12/13/2018

Or. Admin. R. 635-800-0050 Memorandum of Agreement with the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians

(1) Members of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians are authorized to take species over which the Oregon Fish and Wildlife Commission has management authority under the terms and conditions of the Memorandum of Agreement between the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians and the State of Oregon, by and through the Department of Fish and Wildlife (Department) and within the geographic scope of that Agreement, entered into by both parties in 2023, incorporated herein by reference.

(2) The Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians and the Department will coordinate the use of their respective authorities, expertise and influence as regulatory or voluntary opportunities are presented to protect, enhance and restore fish and wildlife habitat under the terms and conditions of the above referenced Memorandum of Agreement and within the geographic scope of that Agreement.

(3) No additional tribal legal or treaty entitlement is created, conveyed, implied or diminished, nor is any existing agreement, treaty or court decree modified by the adoption of these rules or the above referenced Memorandum of Agreement.

(4) Nothing in the above referenced Memorandum of Agreement shall be construed as:

(a) affirming, recognizing or limiting the rights or claims of any other tribe within the geographic scope of that Agreement;

(b) limiting the Department from entering into separate agreements with other tribes addressing the authority to take species within the geographic scope of that Agreement; or

(c) establishing, expanding, adjudicating, waiving, limiting or otherwise affecting the ancestral, aboriginal, treaty, statutory, equitable, or other rights of the Tribe.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 190.110, 496.138, 496.012, 496.162 & 496.146
Statutes/Other Implemented: 496.138, 496.012, 496.162, 496.146 & 506.109
DFW 109-2023, adopt filed 10/13/2023, effective 10/13/2023

Or. Admin. R. 635-800-0100 Memorandum of Agreement with the Coquille Indian Tribe

(1) Members of the Coquille Indian Tribe are authorized to take species over which the Oregon Fish and Wildlife Commission has management authority under the terms and conditions of the Memorandum of Agreement between the Coquille Indian Tribe and the State of Oregon, by and through the Department of Fish and Wildlife (Department) and within the geographic scope of that Agreement, entered into by both parties in 2022, incorporated herein by reference.

(2) The Coquille Indian Tribe and the Department will coordinate the use of their respective authorities, expertise and influence as regulatory or voluntary opportunities are presented to protect, enhance and restore fish and wildlife habitat under the terms and conditions of the above referenced Memorandum of Agreement and within the geographic scope of that Agreement.

(4) Nothing in the above referenced Memorandum of Agreement shall be construed as:

(a) affirming, recognizing or limiting the rights or claims of any other tribe within the geographic scope of that Agreement;

(b) limiting the Department from entering into separate agreements with other tribes addressing the authority to take species within the geographic scope of that Agreement; or

(c) establishing, expanding, adjudicating, waiving, limiting or otherwise affecting the ancestral, aboriginal, treat, statutory, equitable, or other rights of the Tribe.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 190.110, 496.138, 496.146 & 496.162
Statutes/Other Implemented: 496.146, 496.162, 496.012 & 506.109
DFW 87-2022, adopt filed 07/12/2022, effective 07/12/2022

Or. Admin. R. 635-800-0110 Memorandum of Agreement with the Cow Creek Band of Umpqua Tribe of Indians

(1) Members of the Cow Creek Band of Umpqua Tribe of Indians are authorized to take species over which the Oregon Fish and Wildlife Commission has management authority under the terms and conditions of the Memorandum of Agreement between the Cow Creek Band of Umpqua Tribe of Indians and the State of Oregon, by and through the Department of Fish and Wildlife (Department) and within the geographic scope of that Agreement, entered into by both parties in 2022, incorporated herein by reference.

(2) The Cow Creek Band of Umpqua Tribe of Indians and the Department will coordinate the use of their respective authorities, expertise and influence as regulatory or voluntary opportunities are presented to protect, enhance and restore fish and wildlife habitat under the terms and conditions of the above referenced Memorandum of Agreement and within the geographic scope of that Agreement.

(4) Nothing in the above referenced Memorandum of Agreement shall be construed as:

(a) affirming, recognizing or limiting the rights or claims of any other tribe within the geographic scope of that Agreement;

(b) limiting the Department from entering into separate agreements with other tribes addressing the authority to take species within the geographic scope of that Agreement; or

(c) establishing, expanding, adjudicating, waiving, limiting or otherwise affecting the ancestral, aboriginal, treaty, statutory, equitable, or other rights of the Tribe.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: 190.110, 496.138, 496.146 & 496.162
Statutes/Other Implemented: 496.138, 496.146, 496.162 & 496.012
DFW 12-2023, adopt filed 02/13/2023, effective 02/13/2023

Or. Admin. R. 635-800-0300 Memorandum of Agreement for Off-Reservation and Non-Trust Land Hunting, Fishing, Trapping, and Gathering with the Confederated Tribes of the Grand Ronde Community of Oregon

(1) Members of the Confederated Tribes of the Grand Ronde Community of Oregon (Grand Ronde) are authorized to take species over which the Oregon Fish and Wildlife Commission has management authority on off-reservation and non-trust lands under the terms and conditions of the Memorandum of Agreement between the Grand Ronde and the State of Oregon, by and through the Department of Fish and Wildlife (Department), and within the geographic scope of that Agreement, entered into by both parties in 2023, incorporated herein by reference.

(2) The Grand Ronde and the Department will coordinate the use of their respective authorities, expertise and influence as regulatory or voluntary opportunities are presented to protect, enhance and restore fish and wildlife habitat under the terms and conditions of the above referenced Memorandum of Agreement and within the geographic scope of that Agreement.

(4) Nothing in the above referenced Memorandum of Agreement shall be construed as:

(a) affirming, recognizing or limiting the rights or claims of any other tribe within the geographic scope of that Agreement;

(b) limiting the Department from entering into separate agreements with other tribes addressing the authority to take species within the geographic scope of that Agreement; or

(c) establishing, expanding, adjudicating, waiving, limiting or otherwise affecting the ancestral, aboriginal, treaty, statutory, equitable, or other rights of the Tribe.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 190.110, 496.138, 496.146 & 496.162
Statutes/Other Implemented: 496.138, 496.012, 496.146, 496.162 & 506.109
DFW 103-2023, adopt filed 09/28/2023, effective 09/28/2023

Or. Admin. R. 635-800-0500 Memorandum of Agreement with the Confederated Tribes of Siletz Indians

(1) Members of the Confederated Tribes of Siletz Indians are authorized to take species over which the Oregon Fish and Wildlife Commission has management authority under the terms and conditions of the Memorandum of Agreement between the Confederated Tribes of Siletz Indians and the State of Oregon, by and through the Department of Fish and Wildlife (Department), (the "Siletz-ODFW 2023 Agreement"), and within the geographic scope of that Agreement, entered into by both parties in 2023, incorporated herein by reference.

(2) The Siletz Indian Tribe and the Department will coordinate the use of their respective authorities, expertise and influence as regulatory or voluntary opportunities are presented to protect, enhance and restore fish and wildlife habitat under the terms and conditions of the Siletz-ODFW 2023 Agreement and within the geographic scope of that Agreement.

(4) Nothing in the Siletz-ODFW 2023 Agreement shall be construed as:

(a) affirming, recognizing or limiting the rights or claims of any other tribe within the geographic scope of that Agreement;

(b) limiting the Department from entering into separate agreements with other tribes addressing the authority to take species within the geographic scope of that Agreement; or

(c) establishing, expanding, adjudicating, waiving, limiting or otherwise affecting the ancestral, aboriginal, treaty, statutory, equitable, or other rights of the Tribe.

(5) The parties to the Siletz-ODFW 2023 Agreement intend for that Agreement to describe the Confederated Tribes of Siletz Indians’ hunting, fishing, trapping and animal gathering opportunities in Oregon, and for the Siletz-ODFW 2023 Agreement to be a voluntary successor the “Agreement Among the State of Oregon, the United States of America and the Confederated Tribes of the Siletz Indians of Oregon to Permanently Define Tribal Hunting, Fishing, Trapping, and Gathering Rights of the Siletz Tribe and its Members” entered into by the United States on April 22, 1980.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 190.110, 496.138, 496.162 & 496.146
Statutes/Other Implemented: 496.138, 496.012, 496.162, 496.146 & 506.109
DFW 39-2025, amend filed 05/22/2025, effective 05/22/2025
DFW 62-2023, adopt filed 07/07/2023, effective 07/07/2023

Or. Admin. R. 635-800-0700 Warm Springs Hunting Agreement

(1) Tribal members of the Confederated Tribes of the Warm Springs Reservation are authorized to take wildlife under the terms and conditions in the Memorandum of Agreement Between the Confederated Tribes of the Warm Springs Reservation and the State of Oregon Regarding Off-reservation Hunting Subject to the 1855 Treaty with the Tribes of Middle Oregon, entered into by both parties in 2018, incorporated herein by reference.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 496.138, 496.162 & 496.146
Statutes/Other Implemented: ORS 496.138, 496.162 & 496.146
DFW 15-2023, renumbered from 635-043-0140, filed 02/23/2023, effective 02/23/2023
DFW 184-2018, amend filed 12/14/2018, effective 12/14/2018
DFW 90-2018, adopt filed 07/11/2018, effective 07/11/2018

Division 900 CLIMATE AND OCEAN CHANGE POLICY

Or. Admin. R. 635-900-0001 Purpose of the Climate and Ocean Change Policy

(1) The Earth’s climate and oceans are changing. The Fish and Wildlife Commission concurs with the Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change that the current warming trend is of particular significance because most of it is extremely likely (greater than 95 percent probability) to be the result of human activity since the mid-20th century and proceeding at a rate that is unprecedented over decades to millennia.

(2) Oregon is already experiencing changes that are consistent with changes observed and projected globally, such as increased average air and water temperatures, disrupted precipitation patterns, and increased ocean acidification and hypoxia. The purpose of this policy is to ensure that the Department prepares for and responds appropriately to the impacts of a changing climate and ocean on fish, wildlife, their habitats, and their use and enjoyment by current and future Oregonians.

History

Statutory/Other Authority: ORS 496.012, ORS 506.036, ORS 506.109 & ORS 496.138
Statutes/Other Implemented: ORS 496.012, ORS 506.036 & ORS 506.109
DFW 90-2020, adopt filed 07/14/2020, effective 07/14/2020

Or. Admin. R. 635-900-0003 Key Expectations Underpinning the Climate and Ocean Change Policy

(1) Based on current science, we expect that air temperatures will continue to increase and Oregon’s coastal waters will continue to acidify and become more hypoxic. These changes will result in cascading impacts that, in general, include:

(a) Changing precipitation patterns, including a decreasing trend for snowpack volume, resulting in changes in streamflow characterized by increased frequency and severity of flooding, increased flows in winter, and decreased flows in late summer and fall;

(b) An increasing trend in fresh- and marine- water temperatures;

(d) Changing ocean currents and stratification, including changes in the frequency and magnitude of coastal upwelling; and

(e) Rising average ocean levels.

(2) We expect that these changes will not occur evenly in all habitats and that some species, biological communities, and habitats will have characteristics that make them more resistant to these changes. We also expect that these changes will not occur evenly through time. The frequency of years in which Oregon’s fish and wildlife experience good conditions will diminish and the frequency and magnitude of poor environmental conditions will increase. As a result of these changes, we expect a number of impacts, including but not limited to:

(a) Changes in the distribution and range of many fish and wildlife populations;

(b) Changes in food-webs resulting in negative effects on some key species and long term shifts of key ecosystems;

(c) Conditions in some areas will become unsuitable to support self-sustaining populations of vulnerable native species; and

(d) These changes will favor many non-native or invasive species, as well as bacteria, viruses, and parasites, and that this will negatively impact native species.

(3) While we are already observing some of these changes and expect this to continue for many decades, even if greenhouse gas reduction efforts are successful, we recognize that there is uncertainty in the timing and extent of impacts to habitat, in the ability of fish and wildlife to adapt to changes, and in how changes in one part of a food web may impact the balance of ecosystems.

History

Statutory/Other Authority: ORS 496.012, ORS 506.036, ORS 506.109 & ORS 496.138
Statutes/Other Implemented: ORS 496.012, ORS 506.036 & ORS 506.109
DFW 90-2020, adopt filed 07/14/2020, effective 07/14/2020

Or. Admin. R. 635-900-0005 Goals of the Climate and Ocean Change Policy

(1) Ensure the Department understands the risks and opportunities associated with changing climate and ocean conditions and incorporates that understanding into all of the Department’s actions to maximize the conservation, use, and enjoyment of fish, wildlife, and their habitats for present and future generations.

(2) Provide leadership toward a coordinated statewide and regional response that minimizes the impacts of changing climate and ocean conditions on Oregon’s natural resources and the communities, culture and economies reliant on them, and allows for sustainable use of natural resources in the future.

(3) Increase public awareness about the current and future impacts of climate and ocean change on fish, wildlife, and their habitats and the value of resilient habitats for fish and wildlife, clean air and water, flood attenuation, recreational opportunities, and the natural resources economy.

(4) Provide leadership towards achieving the reductions in global greenhouse gases emissions that will be needed to prevent worsening of the impacts by reducing the Department’s carbon footprint to the extent practicable, with the goal of reaching carbon neutrality.

History

Statutory/Other Authority: ORS 496.012, ORS 506.036, ORS 506.109 & ORS 496.138
Statutes/Other Implemented: ORS 496.012, ORS 506.036 & ORS 506.109
DFW 90-2020, adopt filed 07/14/2020, effective 07/14/2020

Or. Admin. R. 635-900-0007 Implementation of the Climate and Ocean Change Policy

(1) The Department should, as appropriate, lead a coordinated, long term statewide response consistent with direction in 635-900-0010 (Statewide Coordination of a Climate and Ocean Change Response) of this rule.

(2) The Department will integrate relevant climate and ocean change monitoring and research needs into the planning, prioritization, and implementation of the Department’s science in accordance with the Key Principles in 635-900-0015.

(3) The Department will incorporate the relevant Key Principles in 635-900-0013 through 635-900-0020 into any new Department plans or policies and will revise any existing plans or policies to incorporate these principles as needed.

(4) The Department will apply the relevant Key Principles in 635-900-0013 through 635-900-0020 when acting in a consultation, regulatory, or advisory role and when prioritizing the use of department resources.

(5) The Department will develop a carbon reduction plan by 2022 that outlines how the Department will reduce its own net carbon emissions, with the goal of being carbon neutral by mid-century, through the construction, purchasing, and use of energy-efficient facilities, structures, vehicles, and equipment and by managing Department owned lands to sequester carbon. As a precursor to the development of a plan, the Department should assess its carbon footprint within a year from adoption of this policy and thereafter on a recurring basis not longer than 5 years.

(6) The Department will develop a communications strategy and coordinate with local and regional partners to raise awareness of the impacts of climate and ocean change, the steps the Department is taking to counteract and adapt to the impacts on fish, wildlife and their habitats, and the value of resilient natural areas for both fish and wildlife, clean air and water, recreational opportunities, and the natural resource economy.

History

Statutory/Other Authority: ORS 496.012, ORS 506.036, ORS 506.109 & ORS 496.138
Statutes/Other Implemented: ORS 496.012, ORS 506.036 & ORS 506.109
DFW 90-2020, adopt filed 07/14/2020, effective 07/14/2020

Or. Admin. R. 635-900-0010 Statewide Coordination of a Climate and Ocean Change Response

(1) The Department should exhibit leadership in facilitating a coordinated statewide response to minimizing the impacts of the changing climate and ocean conditions on Oregon’s natural resources and the people who depend on those resources.

(2) The Department should work with other executive branch natural resource agencies and appropriate federal, tribal, and local partners to complete inventories of the State’s natural resource assets. The inventories should also evaluate the vulnerability of our assets and/or their utility in improving preparedness to changing climate and ocean conditions, and identify areas for priority investment of resources.

(3) The Department should work with other state, federal, and tribal natural resource agencies, academic institutions, and non-governmental organizations to ensure research and monitoring related to changing climate and ocean conditions is conducted efficiently by:

(a) Identifying existing and new foundational data that are needed by multiple agencies to adequately monitor and project the impacts of changing climate and ocean conditions;

(b) Coordinating the collection, storage, and analysis of this data; and

(4) The Department should work with other executive branch agencies, to the extent possible, to determine clear priorities for vulnerable natural resources within and across geographical areas of the state then coordinate implementation of regulatory and non-regulatory authorities consistent with these priorities. This collective effort should seek to address legacy impacts to fish and wildlife in priority areas and avoid or minimize further negative outcomes for fish and wildlife populations statewide. This collective effort should include collaboration with local, regional and tribal jurisdictions.

(5) The Department should work with other state and federal agencies and local governments, to the extent possible, to review incentives and regulations that relate to the protection, enhancement, and management of fish and wildlife habitat with the goal of ensuring that the appropriate mechanisms exist to:

(a) Achieve protections and enhancement in priority areas for fish and wildlife;

(b) Encourage economic development that sustains essential ecosystems while providing preparedness for the impacts of the changing climate and ocean; and

(6) The Department should work with the public and landowners to encourage or incentivize habitat management that protects and enhances priority areas for fish and wildlife as well as increasing carbon sequestration.

History

Statutory/Other Authority: ORS 496.012, ORS 506.036, ORS 506.109 & ORS 496.138
Statutes/Other Implemented: ORS 496.012, ORS 506.036 & ORS 506.109
DFW 90-2020, adopt filed 07/14/2020, effective 07/14/2020

Or. Admin. R. 635-900-0013 Climate and Ocean Change Key Principles for Coordination

(1) The Department should collaborate and partner with other agencies, tribes, stakeholders, and academics to achieve successful implementation of this policy.

(2) Collaborations and partnerships should span scientific expertise, stakeholder interests and regulatory authorities.

History

Statutory/Other Authority: ORS 496.012, ORS 506.036, ORS 506.109 & ORS 496.138
Statutes/Other Implemented: ORS 496.012, ORS 506.036 & ORS 506.109
DFW 90-2020, adopt filed 07/14/2020, effective 07/14/2020

Or. Admin. R. 635-900-0015 Climate and Ocean Change Key Principles for Science

(1) The Department should ensure that it is monitoring the appropriate metrics to document the changing climate and ocean conditions (e.g., flow, temperature, dissolved oxygen, ocean pH) and the impacts of those changes on fish, wildlife, and their habitats (e.g., distribution, survival, disease).

(2) The Department should use appropriate analytic approaches to determine how species, biological communities, and habitats may respond to the changes in climate and ocean conditions on a time horizon that is relevant to a specific species’ life history.

(3) The Department should conduct ongoing research to reduce key uncertainties related to the response of fish, wildlife, or their habitats to climate and ocean change.

(4) The Department should communicate clearly about the uncertainty involved in predicting both the likely changes in climate and ocean conditions and the impacts on fish and wildlife to allow decision makers to take action in an informed way.

(5) The Department should consider modifying the timing and location of research and monitoring during periods of adverse environmental conditions that are stressful to individuals. Handling of live animals should balance the benefits of the research and monitoring against the additional impacts to the animal, as well as risks to the population.

History

Statutory/Other Authority: ORS 496.012, ORS 506.036, ORS 506.109 & ORS 496.138
Statutes/Other Implemented: ORS 496.012, ORS 506.036 & ORS 506.109
DFW 90-2020, adopt filed 07/14/2020, effective 07/14/2020

Or. Admin. R. 635-900-0017 Climate and Ocean Change Key Principles for Species and Habitat Management

(1) The conservation of naturally produced native species in the geographic areas to which they are indigenous is a primary obligation of the Department. It is on this platform of conservation that the social and economic benefits of harvest and viewing are realized. As such, the ability to utilize fish and wildlife for harvest or viewing is dependent on the health of wild populations. Conservation and use are not mutually exclusive, and can be fully integrated through risk management that scales use appropriately to avoid undermining conservation.

(2) The Department should, to the extent predictions are available, incorporate into all of its actions an understanding of predicted future conditions and how species may respond to these conditions on a time horizon that is relevant to specific species’ life history. These responses may include range shifts, local extirpations, altered species compositions, and elevated life-stage vulnerabilities. Management goals, strategies, and actions will consider this long view, but allow for near term conservation, utilization, or transition in an adaptive management approach.

(3) The Department may manage a species whose range naturally expands into or within Oregon as a result of the changing climate and ocean for conservation or utilization purposes in the new area, provided this management does not conflict with the conservation of naturally produced native species in the new area. When a species range shift or expansion is likely to have a negative effect on native species conservation in the new area, the Department will strive to limit these expansions to the extent practicable, unless otherwise directed in a Commission adopted plan.

(4) The Department should proceed with a precautionary approach that is most likely to result in conservation of native species across as broad a range of future conditions as possible, including when faced with scientific and management uncertainty.

(5) The Department should prioritize conservation actions for native species and their habitats to be most efficient and effective in achieving conservation outcomes. In some instances, naturally-produced, native species will be unable to persist in an area because the impacts of changing climate and ocean conditions are practicably irreversible. In these instances, the Department, only through the Commission, may consider modification of the conservation approach as long as healthy populations of the species exist elsewhere in the range and the modification is in compliance with other state and federal laws.

(6) The Department should plan for real time adaptive management of hatcheries, wildlife areas, and harvest to account for potential impacts to fish and wildlife populations during periods of adverse environmental conditions, such as high water temperature, low river flows, low oxygen water, or fire.

(7) The Department should generally use the following approach when implementing management actions that relate to fish and wildlife habitat, unless directed otherwise through a Commission adopted plan:

(a) Give priority to protecting habitat for native fish and wildlife that is currently high functioning and projected to remain or become high functioning despite the impacts of changing climate and ocean conditions;

(b) Give priority to restoration and enhancement actions where such actions would result in creation of high functioning habitat despite the impacts of changing climate and ocean conditions; and

(c) Assign lower priority to actions where projected habitat changes caused by climate and/or ocean change are likely to exceed native species’ ability to persist.

(d) Support actions that maximize carbon sequestration as long as such actions do not result in loss of habitat to fish and wildlife.

History

Statutory/Other Authority: ORS 496.012, ORS 506.036, ORS 506.109 & ORS 496.138
Statutes/Other Implemented: ORS 496.012, ORS 506.036 & ORS 506.109
DFW 90-2020, adopt filed 07/14/2020, effective 07/14/2020

Or. Admin. R. 635-900-0020 Climate and Ocean Change Key Principles for Department Operations

(1) The Department will consider the risk from the impacts of climate and ocean change in the design of new facilities or structures and identify existing facilities or structures at high risk of failure due to the impacts of a changing climate and mitigate those risks over time.

(2) The Department will, to the extent practicable, operate equipment and facilities in such a way that they do not exacerbate the impacts of climate and ocean change on fish, wildlife and their habitats.

(3) The Department will operate its own equipment and facilities in such a way as to reduce carbon outputs and/or sequester carbon as directed in a carbon reduction plan.

History

Statutory/Other Authority: ORS 496.012, ORS 506.036, ORS 506.109 & ORS 496.138
Statutes/Other Implemented: ORS 496.012, ORS 506.036 & ORS 506.109
DFW 90-2020, adopt filed 07/14/2020, effective 07/14/2020