Or. Admin. Code § 635-007-0710

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

Section 635-007-0710 - Special Permit Rules to Collect Male and Oversize Female Sturgeon

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) 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;

(c) Designate in the request an Oregon licensed fish propagation facility for fish rearing; and

(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.

Or. Admin. Code § 635-007-0710

FWC 33-1988, f. & cert. ef. 5-24-88; DFW 121-2007, f. & cert. ef. 11-14-07

Stat. Auth.: ORS 506.119

Stats. Implemented: ORS 497.325, 497.330