Or. Admin. Code § 635-040-0009

Current through Register Vol. 63, No. 10, October 1, 2024

Section 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.

Or. Admin. Code § 635-040-0009

FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90

Stat. Auth.: ORS Ch. 496, 506 & 508

Stats. Implemented: ORS Ch. 496, 506 & 508