Or. Admin. R. 635-007-0655

Current through Register Vol. 63, No. 6, June 1, 2024

Section 635-007-0655 - 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);

(c) Species and sources of fish to be propagated;

(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;

(C) Transportation schedules for fish moved into and out of the facility;

(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).

Or. Admin. R. 635-007-0655

FWC 27-1982, f. & ef. 4-30-82; FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0405; FWC 3-1991, f. & cert. ef. 1-18-91; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04

Stat. Auth.: ORS 496.138, 496.146 & 506.119

Stats. Implemented: ORS 497.252