Or. Admin. Code § 635-009-0115

Current through Register Vol. 63, No. 11, November 1, 2024

Section 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.

Or. Admin. Code § 635-009-0115

FWC 45-1981, f. & ef. 12-21-81; FWC 64-1988, f. 8-9-88, cert. ef. 8-19-88; DFW 97-2023, amend filed 09/19/2023, effective 9/19/2023

Statutory/Other Authority: ORS 496.138 & ORS 496.146

Statutes/Other Implemented: ORS 496.450