Or. Admin. Code § 635-009-0440

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

Section 635-009-0440 - Disposal of Fish and Fish Products

(1) All fish produced as a result of a cooperative salmon hatchery project remain the property of the State of Oregon and are subject to harvest in any and all public fisheries.

(2) All fish returning to a cooperative salmon hatchery project must be handled and/or disposed of as directed by the department.

(3) Fish and eggs collected at a cooperative salmon hatchery project site are subject to the following priorities for use:

(a) Natural and artificial production needs of the department;

(b) Needs of the STEP program;

(c) Needs of the cooperative salmon hatchery program;

(d) Indian ceremonial needs pursuant to ORS 496.201 to ORS 496.221.

(4) The department may give written approval for the sale of fish or eggs to the project sponsor with the following conditions and consistent with OAR 635-007-0530:

(a) Only fish or eggs in excess of those required to fulfill the needs of section (3) of this rule may be sold;

(b) Project sponsor shall first obtain a wholesale fish dealer license. Monthly reports and payment of fees are required as provided in OAR 635-006-0200 through OAR 635-006-0220 on all fish sold;

(c) Proceeds from the sale of fish or eggs may be used for the following, in accordance with the memorandum of understanding:

(A) Actual costs incurred by the project sponsor or the department, directly related to the project;

(B) Equipment, supplies, and improvements to the facilities agreed to by all cooperators.

Or. Admin. Code § 635-009-0440

FWC 15-1997, f. & cert. ef. 3-10-97

Stat. Auth.: ORS 496.138 & ORS 506.119

Stats. Implemented: ORS 496.146 & ORS 506.124