Or. Admin. Code § 635-007-0600

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

Section 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;

(c) Activities authorized under a STEP Permit (OAR 635-009-0115);

(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.

Or. Admin. Code § 635-007-0600

FWC 27-1982, f. & ef. 4-30-82; FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0300; FWC 3-1991, f. & cert. ef. 1-18-91; DFW 38-1999, f. & cert. ef. 5-24-99; DFW 110-2001, f. & cert. ef. 11-23-01; DFW 121-2007, f. & cert. ef. 11-14-07

Stat. Auth.: ORS 496.138, 496.146 & 506.119

Stats. Implemented: ORS 497.252, 497.298, 498.222 & 508.111