Or. Admin. Code § 635-009-0450

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

Section 635-009-0450 - Project Suspension, Reduction, or Termination

(1) At its discretion the department may suspend, terminate, or alter the project because:

(a) Eggs or fish are not available;

(b) Funding, staffing, facilities, or equipment is inadequate;

(c) Strays exceed limits set in Wild Fish Management Policy (OAR 635-007-0525 through OAR 635-007-0529);

(d) Program poses a disease risk to project fish or fish at rearing or release site;

(e) Adverse impacts on ecology of native fish or food organisms;

(f) Project fails to meet project goals;

(g) The project has exceeded the scope of the approved project proposal or memorandum of understanding;

(h) Violation of local, state, or federal laws, licenses, or permits, project conditions or restrictions, or any policies or rules of the department.

(2) The department shall advise the project sponsor in writing of any suspension, alteration, or termination. Notification shall include the reason(s) for the action, duration of the action (if applicable), and any requirements for restarting or returning to the prior production program.

(3) Suspension or termination of a project shall automatically invalidate any department permits issued for such project as of the date of suspension or termination. Such action may result in confiscating (reclaiming) by the department any fish or eggs used in the project.

(4) Suspension or termination of a project is in addition to, and not in lieu of, other penalties provided by law.

Or. Admin. Code § 635-009-0450

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