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Oregon State Archives

Oregon Bulletin

July 1, 2011

Department of Fish and Wildlife
Chapter 635

Rule Caption: Sport Chinook Fisheries on the Imnaha and Wallowa Rivers and Lookingglass Creek.

Adm. Order No.: DFW 49-2011(Temp)

Filed with Sec. of State: 5-16-2011

Certified to be Effective: 5-28-11 thru 9-1-11

Notice Publication Date:

Rules Amended: 635-019-0090

Subject: This amended rule allows recreational anglers opportunities to harvest adipose fin-clipped adult and jack Chinook salmon, which are in excess of the Department’s hatchery production needs, in the Imnaha and Wallowa rivers and Lookingglass Creek. These fisheries are scheduled for the period from Saturday, May 28, 2011 until further notice.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-019-0090

Inclusions and Modifications

(1) The 2011 Oregon Sport Fishing Regulations provide requirements for the Northeast Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the 2011 Oregon Sport Fishing Regulations.

(2) The Imnaha River from the mouth to Summit Creek Bridge (River Mile 45) is open to angling for adipose fin-clipped adult Chinook salmon from May 28 until further notice.

(a) The daily bag limit is two (2) adipose fin-clipped adult Chinook and five (5) adipose fin-clipped jacks; two daily limits in possession. It is illegal to continue fishing for jack Chinook once the adult bag limit is met.

(b) All other General, Statewide and Northeast Zone Regulations, as provided in the 2011 Oregon Sport Fishing Regulations, remain in effect.

(3) The Wallowa River from a deadline at the lower end of Minam State Park upstream to the confluence with the Lostine River is open to angling for adipose fin-clipped adult Chinook salmon from May 28 until further notice.

(b) All other General, Statewide and Northeast Zone Regulations, as provided in the 2011 Oregon Sport Fishing Regulations, remain in effect.

(4) Lookingglass Creek from the Moses Creek Lane Bridge (County Road 42) to the confluence of Jarboe Creek is open to angling for adipose fin-clipped adult Chinook salmon from May 28 until further notice.

(b) During the duration of the spring Chinook angling season, the area closure listed for Lookinglass Creek in the Northeast Zone Special Regulations is modified to: Lookingglass Creek closed between Jarboe Creek and 200 feet upstream of the hatchery water intake.

(c) Hook gap restrictions listed in the Northeast Zone Special Regulations for Lookingglass Creek are removed for the duration of the spring Chinook angling season.

(d) All other General, Statewide and Northeast Zone Regulations, as provided in the 2011 Oregon Sport Fishing Regulations, remain in effect.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183.325, 496.138 & 496.146

Stats. Implemented: ORS 496.162

Hist.: FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94; FWC 57-1994(Temp), f. 8-30-94, cert. ef. 10-1-94; FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95; FWC 70-1995, f. 8-29-95, cert. ef. 9-1-95; FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96; FWC 27-1996(Temp), f. 5-24-96, cert. ef. 5-25-96; FWC 57-1996(Temp), f. 9-27-96, cert. ef. 10-1-96; FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97; FWC 26-1997(Temp), f. 4-23-97, cert. ef. 5-17-97; FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98; DFW 13-1998(Temp), f. & cert. ef. 2-26-98 thru 4-15-98; DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99; DFW 5-1999(Temp), f. 2-5-99, cert. ef. 2-6-99 thru 2-19-99; DFW 8-1999(Temp), f. & cert. ef. 2-23-99 thru 4-15-99; DFW 37-1999(Temp), f. 5-24-99, cert. ef. 5-29-99 thru 6-5-99; DFW 43-1999(Temp), f. & cert. ef. 6-10-99 thru 6-13-99; DFW 45-1999(Temp), f. & cert. ef. 6-14-99 thru 6-20-99; DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 17-2000(Temp), f. 4-10-00, cert. ef. 4-16-00 thru 6-30-00; DFW 64-2000(Temp), f. 9-21-00, cert. ef. 9-22-00 thru 3-20-01; DFW 83-2000(Temp), f. 12-28-00, cert. ef. 1-1-01 thru 1-31-01; DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01; DFW 5-2001(Temp), f. 2-22-01, cert. ef. 2-24-01 thru 4-15-01; DFW 39-2001(Temp) f. 5-23-01, cert. ef. 5-26-01 thru 7-1-01; DFW 40-2001(Temp) f. & cert. ef. 5-24-01 thru 11-20-01; DFW 45-2001(Temp), f. 6-1-01, cert. ef. 6-2-01 thru 7-31-01; DFW 49-2001(Temp), f. 6-19-01, cert. ef. 6-22-01 thru 7-31-01; DFW 70-2001, f. & cert. ef. 8-10-01; DFW 71-2001(Temp), f. 8-10-01, cert. ef. 9-1-01 thru 12-31-01; DFW 96-2001(Temp), f. 10-4-01, cert. ef. 12-1-01 thru 12-31-01; DFW 122-2001(Temp), f. & cert. ef. 12-31-01 thru 5-31-02; DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02; DFW 26-2002, f. & cert. ef. 3-21-02; DFW 52-2002(Temp), f. 5-22-02, cert. ef. 5-26-02 thru 7-1-02; DFW 53-2002(Temp), f. 5-24-02, cert. ef. 5-26-02 thru 7-1-02; DFW 57-2002(Temp), f. & cert. ef. 5-30-02 thru 7-1-02; DFW 91-2002(Temp) f. 8-19-02, cert. ef 8-20-02 thru 11-1-02 (Suspended by DFW 101-2002(Temp), f. & cert. ef. 10-3-02 thru 11-1-02); DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03; DFW 44-2003(Temp), f. 5-23-03, cert. ef. 5-28-03 thru 7-1-03; DFW 48-2003(Temp), f. & cert. ef. 6-5-03 thru 7-1-03; DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04; DFW 40-2004(Temp), f. 5-7-04, cert. ef. 5-13-04 thru 7-1-04; DFW 46-2004(Temp), f. 5-21-04, cert. ef. 5-22-04 thru 7-1-04; DFW 55-2004(Temp), f. 6-16-04, cert. ef. 6-19-04 thru 7-5-04; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 42-2005(Temp), f. & cert. ef. 5-13-05 thru 9-1-05; DFW 61-2005(Temp), f. 6-22-05, cert. ef. 6-25-05 thru 7-4-05; Administrative correction 7-20-05; DFW 99-2005(Temp), f. 8-24-05, cert. ef. 8-26-05 thru 9-30-05; Administrative correction 10-19-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 28-2006(Temp), f. & cert. ef. 5-15-06 thru 6-30-06; DFW 33-2006(Temp), f. 5-24-06, cert. ef. 5-25-06 thru 6-30-06; Administrative correction 7-21-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 12-2007(Temp), f. 2-28-07, cert. ef. 3-1-07 thru 8-27-07; DFW 30-2007(Temp), f. 5-9-07, cert. ef. 5-10-07 thru 9-30-07; DFW 34-2007(Temp), f. 5-25-07, cert. ef. 5-26-07 thru 9-30-07; Administrative correction 10-16-07; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 56-2008(Temp), f. 5-30-08, cert. ef. 5-31-08 thru 6-30-08; DFW 76-2008(Temp), f. & cert. ef. 7-9-08 thru 9-1-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 128-2009(Temp), f. 10-12-09, cert. ef. 10-18-09 thru 4-15-10; DFW 131-2009(Temp), f. 10-14-09, cert. ef. 10-18-09 thru 4-15-10; DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10; DFW 54-2010(Temp), f. 5-6-10, cert. ef. 5-22-10 thru 9-1-10; DFW 95-2010(Temp), f. 7-1-10, cert. ef. 7-11-10 thru 9-1-10; DFW 102-2010(Temp), f. 7-20-10, cert. ef 7-25-10 thru 9-1-10; Administrative correction 9-22-10; DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11; DFW 49-2011(Temp), f. 5-16-11, cert. ef. 5-28-11 thru 9-1-11

Rule Caption: Powder River Recreational Spring Chinook Fishery Opens May 28, 2011.

Adm. Order No.: DFW 50-2011(Temp)

Filed with Sec. of State: 5-16-2011

Certified to be Effective: 5-28-11 thru 9-1-11

Notice Publication Date:

Rules Amended: 635-021-0090

Subject: Amended rule implements a recreational spring Chinook salmon fishery in the Powder River from Saturday, May 28 through Thursday, September 1, 2011. Modifications allow recreational anglers opportunities to harvest spring Chinook which have been out-planted specifically for this purpose.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-021-0090

Inclusions and Modifications

(1) 2011 Oregon Sport Fishing Regulations provide requirements for the Southeast Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the 2011 Oregon Sport Fishing Regulations.

(2) The Powder River is open to angling for spring Chinook salmon from Hughes Lane Bridge near Baker City upstream to Mason Dam from May 28 through September 1, 2011:

(a) The daily bag limit is two (2) adipose fin-clipped Chinook; two daily limits in possession.

(b) All other General, Statewide and Southeast Zone Regulations, as provided in the 2011 Oregon Sport Fishing Regulations, remain in effect.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183.325, 496.138 & 496.146

Stats. Implemented: ORS 496.162

Hist.: FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94; FWC 76-1994(Temp), f. & cert. ef. 10-17-94; FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95; FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96; FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97; FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98; DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99; DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 83-2000(Temp), f. 12-28-00, cert. ef. 1-1-01 thru 1-31-01; DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01; DFW 40-2001(Temp) f. & cert. ef. 5-24-01 thru 11-20-01; DFW 55-2001(Temp), f. & cert. ef. 6-29-01 thru 12-26-01; DFW 56-2001(Temp), f. & cert. ef. 6-29-01 thru 12-26-01; DFW 85-2001(Temp), f. & cert. ef. 8-30-01 thru 12-31-01; DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02; DFW 26-2002, f. & cert. ef. 3-21-02; DFW 54-2002(Temp), f. 5-24-02, cert. ef. 6-15-02 thru 12-1-02; DFW 91-2002(Temp) f. 8-19-02,cert. ef 8-20-02 thru 11-1-0 2 (Suspended by DFW 101-2002(Temp), f. & cert. ef. 10-3-02 thru 11-1-02); DFW 93-2002(Temp), f. 8-22-02, cert. ef. 8-24-02 thru 12-31-02; DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03; DFW 80-2003(Temp), f. & cert. ef. 8-22-03 thru 9-30-03; DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 101-2005(Temp), f. 8-31-05, cert. ef. 9-2-05 thru 9-30-05; Administrative correction 10-19-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 36-2007(Temp), f. 5-25-07, cert. ef. 5-26-07 thru 9-30-07; DFW 54-2007(Temp), f. 7-6-07, cert. ef. 7-14-07 thru 9-30-07; DFW 62-2007(Temp), f. 7-31-07, cert. ef. 8-1-07 thru 9-30-07; Administrative correction 10-16-07; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 51-2008(Temp), f. 5-16-08, cert. ef. 5-31-08 thru 9-1-08; DFW 74-2008(Temp), f. 7-3-08, cert. ef. 7-4-08 thru 9-1-08; DFW 77-2008(Temp), f. & cert. ef. 7-9-08 thru 9-1-08; Administrative correction 9-29-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 53-2009(Temp), f. 5-18-09, cert. ef. 5-30-09 thru 9-1-09; DFW 62-2009(Temp), f. 6-2-09, cert. ef. 6-13-09 thru 9-1-09; DFW 79-2009(Temp), f. 6-30-09, cert. ef. 7-5-09 thru 9-1-09; Administrative correction 9-29-09; DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10; DFW 52-2010(Temp), f. 4-30-10, cert. ef. 5-1-10 thru 9-30-10; DFW 60-2010(Temp), f. 5-13-10, cert. ef. 5-22-10 thru 9-30-10; DFW 67-2010(Temp), f. 5-18-10, cert. ef. 5-22-10 thru 9-30-10; DFW 78-2010(Temp), f. 6-10-10, cert. ef. 6-11-10 thru 9-1-10; Administrative correction 9-22-10; DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11; DFW 50-2011(Temp), f. 5-16-11, cert. ef. 5-28-11 thru 9-1-11

Rule Caption: Additional Commercial Drift Net Fishing Period for Spring Chinook In the Columbia River Mainstem.

Adm. Order No.: DFW 51-2011(Temp)

Filed with Sec. of State: 5-18-2011

Certified to be Effective: 5-18-11 thru 6-30-11

Notice Publication Date:

Rules Amended: 635-042-0022

Rules Suspended: 635-042-0022(T)

Subject: Amended rule allows a 12-hour non-Indian commercial spring Chinook fishing period in the mainstem Columbia River beginning at 5:00 p.m. Wednesday, May 18 through 5:00 a.m. Thursday, May 19, 2011. Fishing is authorized in Zones 1 through 4, from the river mouth upstream to Kelly Point. Modifications are consistent with joint state action taken May 17, 2011 by the Columbia River Compact agencies of Oregon and Washington.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-042-0022

Spring Chinook Gillnet and Tangle Net Fisheries

(1) Adipose fin-clipped Chinook, sockeye salmon, white sturgeon and shad may be taken by drift net for commercial purposes from the mouth of the Columbia River upstream to Kelley Point (Zones 1 3 and part of Zone 4 on Wednesday, May 18 from 5:00 p.m. to Thursday, May 19, 2011 at 5:00 a.m. (12 hours).

(a) Individual fishing periods will not exceed sixteen hours in length during small mesh fisheries.

(b) A maximum of five white sturgeon may be possessed or sold by each participating vessel during each calendar week (Sunday through Saturday) that the fisheries are open. The weekly white sturgeon sales limit applies to the mainstem fishery only.

(2) An adipose fin clip salmon is defined as a hatchery salmon with a clipped adipose fin and having a healed scar at the location of the fin. The adipose fin is the small fatty fin on salmonids located between the dorsal fin and tail.

(3) During the spring Chinook gillnet fishery:

(a) It is unlawful to use a gillnet having a mesh size less than 8 inches or more than 9 3/4 inches.

(b) Mesh size for the fishery is determined as described in OAR 635-042-0010(4).

(4) During the spring Chinook drift net fishery:

(a) It is unlawful to use other than a drift net with 8-inch minimum mesh size. Monofilament tangle nets are allowed. Nets not specifically authorized for use in this fishery may be onboard the vessel if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater. Other permanent gear regulations remain in effect.

(b) Mesh size is determined by placing three consecutive meshes under hand tension and the measurement is taken from the inside of one vertical knot to the outside of the opposite vertical knot of the center mesh. Hand tension means sufficient linear tension to draw opposing knots of meshes into contact.

(5) Nets shall not exceed 900 feet (150 fathoms) in length. A red cork must be placed on the corkline every 25 fathoms as measured from the first mesh of the net. Red corks at 25 fathom intervals must be in color contrast to the corks used in the remainder of the net.

(6) On tangle nets, an optional use of a steelhead excluder panel of mesh may be hung between the corkline and the 4 1/4 inch maximum mesh size tangle net. The excluder panel web must be a minimum mesh size of 12 inches when stretched taut under hand tension. Monofilament mesh is allowed for the excluder panel. The excluder panel (including any associated hangings) must be a minimum of 5 linear feet in depth and not exceed 10 linear feet in depth, as measured from the corkline to the upper margin of the tangle net mesh as the net hangs naturally from a taut corkline. Weedlines or droppers (bobber-type) may be used in place of the steelhead excluder panel. A weedline-type excluder means the net is suspended below the corkline by lines of no less than five feet in length between the corkline and the upper margin of the tangle net. A dropper-type excluder means the entire net is suspended below the surface of the water by lines of no less than five feet in length extending from individual surface floats to a submersed corkline. The corkline cannot be capable of floating the net in its entirety (including the leadline) independent of the attached floats. Weedlines or droppers must extend a minimum of 5 feet above the 4 1/4 inch maximum mesh size tangle net.

(a) Tangle nets constructed with a steelhead excluder panel, weedlines, or droppers, may extend to a maximum length of 1,050 feet (175 fathoms).

(b) Tangle nets constructed with a steelhead excluder panel, weedlines, or droppers, along with a red cork every 25 fathoms as required in section (5) above, must have two red corks at each end of the net.

(7) There are no restrictions on the hang ratio. The hang ratio is used to horizontally add slack to the net. The hang ratio is determined by the length of the web per length of the corkline.

(8) There are no restrictions on the use of slackers or stringers to slacken the net vertically.

(9) Nets shall be fished for no longer than 45 minutes per set. The time of fishing is measured from when the first mesh of the net is deployed into the water until the last mesh of the net is fully retrieved from the water.

(10) It is unlawful for a net in whole or in part to be anchored, tied, staked, fixed, or attached to the bottom, shore, or a beached boat; left unattended at any time it is fished; or attended by more than one boat while being fished.

(11) It is unlawful to fish more than one net from a licensed commercial fishing boat at any one time.

(12) Nets fished from sunset to sunrise shall have lighted buoys on both ends of the net unless the net is attached to the boat then one lighted buoy on the opposite end of the net from the boat is required.

(13) Non-legal sturgeon, nonadipose fin-clipped Chinook salmon, and steelhead must be released immediately with care and the least possible injury to the fish to the river without violence or into an operating recovery box.

(a) One operating recovery box with two chambers or two operating recovery boxes with one chamber each to aid survival of released fish must be on board each fishing vessel participating in the fishery. Recovery boxes shall be operating during any time that a net is being retrieved or picked.

(b) Non-adipose fin-clipped salmon and all steelhead that are bleeding, in lethargic condition, or appearing dead must be placed in the recovery box for rehabilitation purposes prior to release to the river.

(c) Each chamber of the recovery box must meet the following dimensions as measured from within the box; the inside length measurement must be at or within 39 1/2 to 48 inches, the inside width measurement must be at or within 8 to 10 inches, and the inside height measurement must be at or within 14 to 16 inches.

(d) Each chamber of the recovery box must include an operating water pumping system capable of delivering a minimum flow of 16 gallons per minute not to exceed 20 gallons per minute of fresh river water into each chamber. The fisher must demonstrate to the Department and Washington Department of Fish and Wildlife employees, fish and wildlife enforcement officers, or other peace officers, upon request, that the pumping system is delivering the proper volume of fresh river water into each chamber.

(e) Each chamber of the recovery box must include a water inlet hole between 3/4 inch and 1 inch in diameter, centered horizontally across the door or wall of chamber and 1 3/4 inches from the floor of the chamber.

(f) Each chamber of the recovery box must include a water outlet that is at least 1 1/2 inches in diameter. The center of the outlet hole must be located a minimum of 12 inches above the floor of the box or chamber, on either the same or opposite end as the inlet.

(g) All fish placed in recovery boxes must be released to the river prior to landing or docking.

(14) At least one fisher on each boat engaged in the fishery must have attended a one-day workshop hosted by the Department or Washington Department of Fish and Wildlife to educate fishers on regulations and best methods for conduct of the fishery.

(15) Nothing in this section sets any precedent for any future spring Chinook fishery. The fact that an individual has attended a live capture training workshop does not entitle the individual to participate in any other fishery. If the Department authorizes a Live Capture fishery in the spring or at any other time, the Department may establish qualifications and requirements that are different from those already established. In particular, the Department may consider an individual’s compliance with these rules in determining that individual’s eligibility to participate in any future Live Capture fisheries.

(16) As authorized by OAR-635-006-0140 owners or operators of commercial fishing vessels must cooperate with Department fishery observers, or observers collecting data for the Department, when asked by the Department to carry and accommodate an observer on fishing trips for observation and sampling during an open fishery.

(17) Closed waters, as described in OAR 635-042-0005 for Grays River, Elokomin-B sanctuary, Abernathy Creek, Cowlitz River, Kalama-B sanctuary, and Lewis-B sanctuary are in effect during the open fishing periods identified.

Stat. Auth.: ORS 496.138, 496.146 & 506.119

Stats. Implemented: ORS 496.162, 506.129 & 507.030

Hist.: DFW 11-2004, f. & cert. ef. 2-13-04; DFW 12-2004(Temp), f. & cert. ef. 3-1-04, thru 7-31-04; DFW 13-2004(Temp), f. & cert. ef. 3-3-04 thru 7-31-04; DFW 16-2004(Temp), f. & cert. ef. 3-8-04 thru 7-31-04; DFW 18-2004(Temp), f. & cert. ef. 3-10-04 thru 7-31-04; DFW 20-2004(Temp) f. & cert. ef. 3-15-04 thru 7-31-04; DFW 21-2004(Temp), f. & cert. ef. 3-18-04 thru 7-31-04; DFW 25-2004(Temp), f. 3-22-04, cert. ef. 3-23-04 thru 7-31-04; DFW 26-2004(Temp), f. & cert. ef. 3-25-04 thru 7-31-04; DFW 27-2004(Temp), f. & cert. ef. 3-29-04 thru 7-31-04; Administrative correction 8-19-04; DFW 6-2005, f. & cert. ef. 2-14-05; DFW 9-2005(Temp), f. & cert. ef. 3-1-05 thru 7-31-05; DFW 11-2005(Temp), f. 3-2-05, cert. ef. 3-3-05 & 7-31-05; DFW 13-2005(Temp), f. & cert. ef. 3-7-05 thru 7-31-05; DFW 14-2005(Temp), f. & cert. ef. 3-10-05 thru 7-31-05; DFW 18-2005(Temp), f. & cert. ef. 3-15-05 thru 3-21-05; DFW 20-2005(Temp), f. & cert. ef. 3-29-05 thru 3-30-05; DFW 21-2005(Temp), f. & cert. ef. 3-31-05 thru 4-1-05; Administrative correction, 4-20-05; DFW 5-2006, f. & cert. ef. 2-15-06; DFW 7-2006(Temp), f. & cert. ef. 2-23-06 thru 7-31-06; DFW 9-2006(Temp), f. 3-1-06, cert. ef. 3-2-06 thru 7-31-06; DFW 10-2006(Temp), f. 3-6-06, cert. ef. 3-7-06 thru 7-31-06; DFW 11-2006(Temp), f. & cert. ef. 3-9-06 thru 7-31-06; DFW 12-2006(Temp), f. 3-13-06, cert. ef. 3-14-06 thru 7-31-06; DFW 29-2006(Temp), f. & cert. ef. 5-16-06 thru 7-31-06; DFW 30-2006(Temp), f. & cert. ef. 5-18-06 thru 7-31-06; DFW 32-2006(Temp), f. & cert. ef. 5-23-06 thru 7-31-06; DFW 35-2006(Temp), f. & cert. ef. 5-30-06 thru 7-31-06; Administrative correction 8-22-06; DFW 9-2007, f. & cert. ef. 2-14-07; DFW 13-2007(Temp), f. & cert. ef. 3-6-07 thru 9-1-07; DFW 17-2007(Temp), f. & cert. ef. 3-20-07 thru 9-15-07; DFW 19-2007(Temp), f. & cert. ef. 3-22-07 thru 9-17-07; DFW 44-2007(Temp), f. & cert. ef. 6-14-07 thru 9-17-07; Administrative correction 9-18-07; DFW 31-2008(Temp), f. 3-31-08, cert. ef. 4-1-08 thru 9-27-08; DFW 33-2008(Temp), f. 4-7-08, cert. ef. 4-8-08 thru 9-27-08; DFW 34-2008(Temp), f. 4-14-08, cert. ef. 4-15-08 thru 9-27-08; Suspended by DFW 71-2008(Temp), f. 6-27-08, cert. ef. 6-28-08 thru 8-31-08; Administrative correction 10-21-08; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 30-2009(Temp), f. 3-23-09, cert. ef. 3-27-09 thru 4-30-09; DFW 34-2009(Temp), f. 4-6-09, cert. ef. 4-7-09 thru 4-30-09; DFW 36-2009(Temp), f. 4-13-09, cert. ef. 4-14-09 thru 4-30-09; Administrative correction 5-20-09; DFW 38-2010(Temp), f. & cert. ef. 3-30-10 thru 4-30-10; DFW 41-2010(Temp), f. 4-6-10, cert. ef. 4-7-10 thru 4-30-10; Administrative correction 5-19-10; DFW 25-2011(Temp), f. & cert. ef. 3-29-11 thru 4-1-11; DFW 27-2011(Temp), f. 4-5-11, cert. ef. 4-6-11 thru 4-10-11; Administrative correction, 4-25-11; DFW 45-2011(Temp), f. & cert. ef. 5-12-11 thru 6-30-11; DFW 51-2011(Temp), f. & cert. ef. 5-18-11 thru 6-30-11

Rule Caption: Retention of Non-adipose Fin-clipped Chinook Salmon Prohibited for 104-Hours in Youngs Bay.

Adm. Order No.: DFW 52-2011(Temp)

Filed with Sec. of State: 5-18-2011

Certified to be Effective: 5-18-11 thru 7-29-11

Notice Publication Date:

Rules Amended: 635-042-0145

Rules Suspended: 635-042-0145(T)

Subject: Amended rule prohibits the commercial harvest of non-adipose fin-clipped spring Chinook for an 104-hour period in the Youngs Bay Select Area fishery beginning at 4:00 p.m. Wednesday, May 18 through midnight Sunday, May 22, 2011. Modifications are consistent with joint state action taken May 17, 2011 by the Columbia River Compact agencies of Oregon and Washington.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-042-0145

Youngs Bay Salmon Season

(1) Salmon, white sturgeon, and shad may be taken for commercial purposes in those waters of Youngs Bay. From 4:00 p.m. Wednesday, May 18 through midnight Sunday, May 22, 2011 retention of non-adipose fin-clipped Chinook salmon is prohibited (104 hours).

(a) The open fishing periods are established in three segments categorized as the winter fishery, subsection (1)(a)(A); the spring fishery, subsection (1)(a)(B); and summer fishery, subsection (1)(a)(C), as follows:

(A) Winter Season:

(i) Entire Youngs Bay: Sunday, Tuesday and Thursday days from February 13 through March 10 (12 days) starting at 12:00 noon through 6:00 a.m. the following morning (18 hours).

(ii) Upstream of old Youngs Bay Bridge: 2:00 p.m. to 8:00 p.m. Monday, March 14, 2011 (6 hours) and 2:00 p.m. to 8:00 p.m. Wednesday, March 16, 2011 (6 hours).

(B) Spring Season: Entire Youngs Bay: 6:00 p.m. to midnight Monday, April 18, 2011 (6 hours); 4:00 p.m. to 9:00 p.m. Thursday, April 28 (5 hours); 4:00 p.m. to 9:00 p.m. Sunday, May 1, 2011 (5 hours); 6:00 p.m. Tuesday, May 3 to noon Wednesday, May 4, 2011 (18 hours); 6:00 p.m. Thursday, May 5 to noon Friday, May 6, 2011 (18 hours); and Mondays at noon through Fridays at noon (4 days), beginning Monday, May 9 through Friday, June 10, 2011 (20 days total).

(C) Summer Season: Entire Youngs Bay: 6:00 a.m. Wednesdays to 6:00 a.m. Fridays (48 hours) beginning Wednesday, June 15 through Friday, July 29, 2011 (14 fishing days).

(b) The fishing areas for the winter, spring and summer fisheries are:

(A) From February 13 through March 11 and from April 18 through July 29, 2011, the fishing area is identified as the waters of Youngs Bay from the Highway 101 Bridge upstream to the upper boundary markers at the confluence of the Klaskanine and Youngs rivers; except for those waters which are closed southerly of the alternate Highway 101 Bridge (Lewis and Clark River).

(B) On March 14 and 16, 2011, the fishing area extends from the old Youngs Bay Bridge upstream to the upper boundary markers at the confluence of the Youngs and Klaskanine rivers.

(2) Gill nets may not exceed 1,500 feet (250 fathoms) in length and weight may not exceed two pounds per any fathom. A red cork must be placed on the corkline every 25 fathoms as measured from the first mesh of the net. Red corks at 25-fathom intervals must be in color contrast to the corks used in the remainder of the net.

(a) It is unlawful to use a gill net having a mesh size that is less than 7-inches during the winter season. It is unlawful to use a gill net having a mesh size that is more than 9.75-inches during the spring and summer seasons. Nets that are fished at any time between official sunset and official sunrise must have lighted buoys on both ends of the net unless the net is attached to the boat. If the net is attached to the boat, then one lighted buoy on the opposite end of the net from the boat is required.

(b) The use of additional weights or anchors attached directly to the leadline is allowed upstream of markers located approximately 200 yards upstream of the mouth of the Walluski River during all Youngs Bay commercial fisheries.

(3) A maximum of two white sturgeon may be possessed or sold by each participating vessel during each calendar week (Sunday through Saturday) that the fisheries are open. During the fishing periods identified in subsections (1)(a)(A), (1)(a)(B) and (1)(a)(C), the weekly white sturgeon limit applies to combined possessions and sales for all open Select Area fisheries.

Stat. Auth.: ORS 496.138, 496.146 & 506.119

Stats. Implemented: ORS 496.162, 506.129 & 507.030

Hist.: FWC 32-1979, f. & ef. 8-22-79; FWC 28-1980, f. & ef. 6-23-80; FWC 42-1980(Temp), f. & ef. 8-22-80; FWC 30-1981, f. & ef. 8-14-81; FWC 42-1981(Temp), f. & ef. 11-5-81; FWC 54-1982, f. & ef. 8-17-82; FWC 37-1983, f. & ef. 8-18-83; FWC 61-1983(Temp), f. & ef. 10-19-83; FWC 42-1984, f. & ef. 8-20-84; FWC 39-1985, f. & ef. 8-15-85; FWC 37-1986, f. & ef. 8-11-86; FWC 72-1986(Temp), f. & ef. 10-31-86; FWC 64-1987, f. & ef. 8-7-87; FWC 73-1988, f. & cert. ef. 8-19-88; FWC 55-1989(Temp), f. 8-7-89, cert. ef. 8-20-89; FWC 82-1990(Temp), f. 8-14-90, cert. ef. 8-19-90; FWC 86-1991, f. 8-7-91, cert. ef. 8-18-91; FWC 123-1991(Temp), f. & cert. ef. 10-21-91; FWC 30-1992(Temp), f. & cert. ef. 4-27-92; FWC 35-1992(Temp), f. 5-22-92, cert. ef. 5-25-92; FWC 74-1992 (Temp), f. 8-10-92, cert. ef. 8-16-92; FWC 28-1993(Temp), f. & cert. ef. 4-26-93; FWC 48-1993, f. 8-6-93, cert. ef. 8-9-93; FWC 21-1994(Temp), f. 4-22-94, cert. ef. 4-25-94; FWC 51-1994, f. 8-19-94, cert. ef. 8-22-94; FWC 64-1994(Temp), f. 9-14-94, cert. ef. 9-15-94; FWC 66-1994(Temp), f. & cert. ef. 9-20-94; FWC 27-1995, f. 3-29-95, cert. ef. 4-1-95; FWC 48-1995(Temp), f. & cert. ef. 6-5-95; FWC 66-1995, f. 8-22-95, cert. ef. 8-27-95; FWC 69-1995, f. 8-25-95, cert. ef. 8-27-95; FWC 8-1995, f. 2-28-96, cert. ef. 3-1-96; FWC 37-1996(Temp), f. 6-11-96, cert. ef. 6-12-96; FWC 41-1996, f. & cert. ef. 8-12-96; FWC 45-1996(Temp), f. 8-16-96, cert. ef. 8-19-96; FWC 54-1996(Temp), f. & cert. ef. 9-23-96; FWC 4-1997, f. & cert. ef. 1-30-97; FWC 47-1997, f. & cert. ef. 8-15-97; DFW 8-1998(Temp), f. & cert. ef. 2-5-98 thru 2-28-98; DFW 14-1998, f. & cert. ef. 3-3-98; DFW 18-1998(Temp), f. 3-9-98, cert. ef. 3-11-98 thru 3-31-98; DFW 60-1998(Temp), f. & cert. ef. 8-7-98 thru 8-21-98; DFW 67-1998, f. & cert. ef. 8-24-98; DFW 10-1999, f. & cert. ef. 2-26-99; DFW 52-1999(Temp), f. & cert. ef. 8-2-99 thru 8-6-99; DFW 55-1999, f. & cert. ef. 8-12-99; DFW 9-2000, f. & cert. ef. 2-25-00; DFW 42-2000, f. & cert. ef. 8-3-00; DFW 3-2001, f. & cert. ef. 2-6-01; DFW 66-2001(Temp), f. 8-2-01, cert. ef. 8-6-01 thru 8-14-01; DFW 76-2001(Temp), f. & cert. ef. 8-20-01 thru 10-31-01; DFW 106-2001(Temp), f. & cert. ef. 10-26-01 thru 12-31-01; DFW 15-2002(Temp), f. & cert. ef. 2-20-02 thru 8-18-02; DFW 82-2002(Temp), f. 8-5-02, cert. ef. 8-7-02 thru 9-1-02; DFW 96-2002(Temp), f. & cert. ef. 8-26-02 thru 12-31-02; DFW 12-2003, f. & cert. ef. 2-14-03; DFW 17-2003(Temp), f. 2-27-03, cert. ef. 3-1-03 thru 8-1-03; DFW 32-2003(Temp), f. & cert. ef. 4-23-03 thru 8-1-03; DFW 34-2003(Temp), f. & cert. ef. 4-24-03 thru 10-1-03; DFW 36-2003(Temp), f. 4-30-03, cert. ef. 5-1-03 thru 10-1-03; DFW 37-2003(Temp), f. & cert. ef. 5-7-03 thru 10-1-03; DFW 75-2003(Temp), f. & cert. ef. 8-1-03 thru 12-31-03; DFW 89-2003(Temp), f. 9-8-03, cert. ef. 9-9-03 thru 12-31-03; DFW 11-2004, f. & cert. ef. 2-13-04; DFW 19-2004(Temp), f. & cert. ef. 3-12-04 thru 3-31-04; DFW 22-2004(Temp), f. & cert. ef. 3-18-04 thru 3-31-04; DFW 28-2004(Temp), f. 4-8-04 cert. ef. 4-12-04 thru 4-15-04; DFW 39-2004(Temp), f. 5-5-04, cert.ef. 5-6-04 thru 7-31-04; DFW 44-2004(Temp), f. 5-17-04, cert. ef. 5-20-04 thru 7-31-04; DFW 79-2004(Temp), f. 8-2-04, cert. ef. 8-3-04 thru 12-31-04; DFW 109-2004(Temp), f. & cert. ef. 10-19-04 thru 12-31-04; DFW 6-2005, f. & cert. ef. 2-14-05; DFW 15-2005(Temp), f. & cert. ef. 3-10-05 thru 7-31-05; DFW 18-2005(Temp), f. & cert. ef. 3-15-05 thru 3-21-05; Administrative correction 4-20-05; DFW 27-2005(Temp), f. & cert. ef. 4-20-05 thru 6-15-05; DFW 28-2005(Temp), f. & cert. ef. 4-28-05 thru 6-16-05; DFW 37-2005(Temp), f. & cert. ef. 5-5-05 thru 10-16-05; DFW 40-2005(Temp), f. & cert. ef. 5-10-05 thru 10-16-05; DFW 46-2005(Temp), f. 5-17-05, cert. ef. 5-18-05 thru 10-16-05; DFW 73-2005(Temp), f. 7-8-05, cert. ef. 7-11-05 thru 7-31-05; DFW 77-2005(Temp), f. 7-14-05, cert. ef. 7-18-05 thru 7-31-05; DFW 85-2005(Temp), f. 8-1-05, cert. ef. 8-3-05 thru 12-31-05; DFW 109-2005(Temp), f. & cert. ef. 9-19-05 thru 12-31-05; DFW 110-2005(Temp), f. & cert. ef. 9-26-05 thru 12-31-05; DFW 116-2005(Temp), f. 10-4-05, cert. ef. 10-5-05 thru 12-31-05; DFW 120-2005(Temp), f. & cert. ef. 10-11-05 thru 12-31-05; DFW 124-2005(Temp), f. & cert. ef. 10-18-05 thru 12-31-05; Administrative correction 1-20-06; DFW 5-2006, f. & cert. ef. 2-15-06; DFW 14-2006(Temp), f. 3-15-06, cert. ef. 3-16-06 thru 7-27-06; DFW 15-2006(Temp), f. & cert. ef. 3-23-06 thru 7-27-06; DFW 17-2006(Temp), f. 3-29-06, cert. ef. 3-30-06 thru 7-27-06; DFW 29-2006(Temp), f. & cert. ef. 5-16-06 thru 7-31-06; DFW 32-2006(Temp), f. & cert. ef. 5-23-06 thru 7-31-06; DFW 35-2006(Temp), f. & cert. ef. 5-30-06 thru 7-31-06; DFW 52-2006(Temp), f. & cert. ef. 6-28-06 thru 7-27-06; DFW 73-2006(Temp), f. 8-1-06, cert. ef. 8-2-06 thru 12-31-06; DFW 103-2006(Temp), f. 9-15-06, cert. ef. 9-18-06 thru 12-31-06; DFW 119-2006(Temp), f. & cert. ef. 10-18-06 thru 12-31-06; Administrative correction 1-16-07; DFW 7-2007(Temp), f. 1-31-07, cert. ef. 2-1-07 thru 7-30-07; DFW 9-2007, f. & cert. ef. 2-14-07; DFW 13-2007(Temp), f. & cert. ef. 3-6-07 thru 9-1-07; DFW 16-2007(Temp), f. & cert. ef. 3-14-07 thru 9-9-07; DFW 25-2007(Temp), f. 4-17-07, cert. ef. 4-18-07 thru 7-26-07; DFW 45-2007(Temp), f. 6-15-07, cert. ef. 6-25-07 thru 7-31-07; DFW 50-2007(Temp), f. 6-29-07, cert. ef. 7-4-07 thru 7-31-07; DFW 61-2007(Temp), f. 7-30-07, cert. ef. 8-1-07 thru 10-31-07; DFW 108-2007(Temp), f. 10-12-07, cert. ef. 10-14-07 thru 12-31-07; Administrative correction 1-24-08; DFW 6-2008(Temp), f. 1-29-08, cert. ef. 1-31-08 thru 7-28-08; DFW 16-2008(Temp), f. 2-26-08, cert. ef. 3-2-08 thru 8-28-08; DFW 30-2008(Temp), f. 3-27-08, cert. ef. 3-30-08 thru 8-28-08; DFW 48-2008(Temp), f. & cert. ef. 5-12-08 thru 8-28-08; DFW 58-2008(Temp), f. & cert. ef. 6-4-08 thru 8-31-08; DFW 85-2008(Temp), f. 7-24-08, cert. ef. 8-1-08 thru 12-31-08; DFW 108-2008(Temp), f. 9-8-08, cert. ef. 9-9-08 thru 12-31-08; Administrative correction 1-23-09; DFW 12-2009(Temp), f. 2-13-09, cert. ef. 2-15-09 thru 7-31-09; DFW 24-2009(Temp), f. 3-10-09, cert. ef. 3-11-09 thru 7-31-09; DFW 49-2009(Temp), f. 5-14-09, cert. ef 5-17-09 thru 7-31-09; DFW 89-2009(Temp), f. 8-3-09, cert. ef. 8-4-09 thru 12-31-09; DFW 107-2009(Temp), f. 9-2-09, cert. ef. 9-5-09 thru 10-31-09; Administrative correction 11-19-09; DFW 17-2010(Temp), f. & cert. ef. 2-22-10 thru 7-31-10; DFW 20-2010(Temp), f. & cert. ef. 2-26-10 thru 7-31-10; DFW 30-2010(Temp), f. 3-11-10, cert. ef. 3-14-10 thru 7-31-10; DFW 35-2010(Temp), f. 3-23-10, cert. ef. 3-24-10 thru 7-31-10; DFW 40-2010(Temp), f. & cert. ef. 4-1-10 thru 7-31-10; DFW 46-2010(Temp), f. & cert. ef. 4-21-10 thru 7-31-10; DFW 53-2010(Temp), f. & cert. ef. 5-4-10 thru 7-31-10; DFW 57-2010(Temp), f. & cert. ef. 5-11-10 thru 7-31-10; DFW 69-2010(Temp), f. & cert. ef. 5-18-10 thru 7-31-10; DFW 113-2010(Temp), f. 8-2-10, cert. ef. 8-4-10 thru 10-31-10; DFW 129-2010(Temp), f. & cert. ef. 9-10-10 thru 10-31-10; Administrative correction 11-23-10; DFW 12-2011(Temp), f. 2-10-11, cert. ef. 2-13-11 thru 7-29-11; DFW 23-2011, f. & cert. ef. 3-21-11; DFW 32-2011(Temp), f. 4-20-11, cert. ef. 4-21-11 thru 7-29-11; DFW 35-2011(Temp), f. & cert. ef. 4-28-11 thru 7-29-11; DFW 46-2011(Temp), f. & cert. ef. 5-12-11 thru 7-29-11; DFW 52-2011(Temp), f. & cert. ef. 5-18-11 thru 7-29-11

Rule Caption: 2011 Spring Season for Deep River Select Area Fishery Modified.

Adm. Order No.: DFW 53-2011(Temp)

Filed with Sec. of State: 5-18-2011

Certified to be Effective: 5-18-11 thru 6-10-11

Notice Publication Date:

Rules Amended: 635-042-0180

Rules Suspended: 635-042-0180(T)

Subject: Amended rule rescinds the Deep River Select Area commercial fishing period previously scheduled to begin Wednesday, May 18 from 7:00 p.m. to 7:00 a.m. the following morning. Further revisions schedule additional fishing periods for Mondays and Thursdays, at the same time of day, beginning May 19 through June 10, 2011. Modifications are consistent with the action taken May 17, 2011 by the Columbia River Compact agencies of Oregon and Washington.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-042-0180

Deep River Select Area Salmon Season

(1) Salmon, shad, and white sturgeon may be taken for commercial purposes from the US Coast Guard navigation marker #16 upstream to the Highway 4 Bridge.

(2) The fishing seasons are open:

(a) Winter season: Sunday and Wednesday nights from 7:00 p.m. to 7:00 a.m. the following morning (12 hours) beginning February 13 through March 20, 2011; Sunday, March 27 from 7:00 p.m. to 7:00 a.m. the following morning (12 hours); and Sunday, April 3, 2011 from 7:00 p.m. to 7:00 a.m. the following morning (12 hours) for 13 nights in all.

(A) From Sunday, March 27 through Monday, April 4, 2011 the authorized fishing area is reduced to extend from the Oneida Road boat ramp (approximately one-half mile up Deep River from navigation marker 16) upstream to the Highway 4 Bridge.

(b) Spring season: Sunday and Wednesday nights from 7:00 p.m. to 7:00 a.m. (12 hours) beginning April 17 through April 20, 2011; April 27 through May 16, 2011; and Monday and Thursday nights from 7:00 p.m. to 7:00 a.m. (12 hours) beginning May 19 through June 10, 2011 (15 nights).

(3) Gear restrictions are as follows:

(a) Gill nets may not exceed 100 fathoms in length and there is no weight limit on the lead line. The attachment of additional weight and anchors directly to the lead line is permitted. Nets may not be tied off to stationary structures and may not fully cross navigation channel.

(b) It is unlawful to operate in any river, stream or channel any gill net longer than three-fourths the width of the stream. It is unlawful in any area to use, operate, or carry aboard a commercial fishing vessel a licensed net or combination of such nets, whether fished singly or separately, in excess of the maximum lawful size or length prescribed for a single net in that area. Nets (or parts of nets) not specifically authorized for use in these areas may be onboard a vessel if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater.

(c) Nets that are fished at any time between official sunset and official sunrise must have lighted buoys on both ends of the net unless the net is attached to the boat. If the net is attached to the boat, then one lighted buoy on the opposite end of the net from the boat is required.

(d) During the winter season, outlined above in (2)(a), it is unlawful to use a gill net having a mesh size that is less than 7-inches;

(e) During the spring season, outlined above in (2)(b) it is unlawful to use a gill net having a mesh size that is more than 9.75-inches.

(4) A maximum of two white sturgeon may be possessed or sold by each participating vessel during each calendar week (Sunday through Saturday) that the fishery is open. During the fishing periods identified in (2)(a) and (2)(b) above, the weekly white sturgeon limit applies to combined possessions and sales for all open Select Area fisheries.

(5) Transportation or possession of fish outside the fishing area (except to the sampling station) is unlawful until WDFW staff has biologically sampled individual catches. After sampling, fishers will be issued a transportation permit by WDFW staff. During the winter season, described in subsection (2)(a) above, fishers are required to call (360) 795-0319 for the location and time of sampling. During the spring season, described in subsection (2)(b) above, a sampling station will be established downstream of the Highway 4 Bridge at Stephen’s dock.

Stat. Auth.: ORS 183.325, 506.109 & 506.119

Stats. Implemented: ORS 506.129 & 507.030

Hist.: FWC 46-1996, f. & cert. ef. 8-23-96; FWC 48-1997, f. & cert. ef. 8-25-97; DFW 55-1999, f. & cert. ef. 8-12-99; DFW 42-2000, f. & cert. ef. 8-3-00; DFW 84-2001(Temp), f. & cert. ef. 8-29-01 thru 12-31-01; DFW 89-2001(Temp), f. & cert. ef. 9-14-01 thru 12-31-01; DFW 106-2001(Temp), f. & cert. ef. 10-26-01 thru 12-31-01; DFW 96-2002(Temp), f. & cert. ef. 8-26-02 thru 12-31-02; DFW 19-2003(Temp), f. 3-12-03, cert. ef. 4-17-03 thru 6-13-03; DFW 34-2003(Temp), f. & cert. ef. 4-24-03 thru 10-1-03; DFW 36-2003(Temp), f. 4-30-03, cert. ef. 5-1-03 thru 10-1-03; DFW 75-2003(Temp), f. & cert. ef. 8-1-03 thru 12-31-03; DFW 89-2003(Temp), f. 9-8-03, cert. ef. 9-9-03 thru 12-31-03; DFW 11-2004, f. & cert. ef. 2-13-04; DFW 39-2004(Temp), f. 5-5-04, cert.ef. 5-6-04 thru 7-31-04; DFW 44-2004(Temp), f. 5-17-04, cert. ef. 5-20-04 thru 7-31-04; DFW 79-2004(Temp), f. 8-2-04, cert. ef. 8-3-04 thru 12-31-04; DFW 95-2004(Temp), f. 9-17-04, cert. ef. 9-19-04 thru 12-31-04; DFW 109-2004(Temp), f. & cert. ef. 10-19-04 thru 12-31-04; DFW 6-2005, f. & cert. ef. 2-14-05; DFW 27-2005(Temp), f. & cert. ef. 4-20-05 thru 6-15-05; DFW 28-2005(Temp), f. & cert. ef. 4-28-05 thru 6-16-05; DFW 37-2005(Temp), f. & cert. ef. 5-5-05 thru 10-16-05; DFW 40-2005(Temp), f. & cert. ef. 5-10-05 thru 10-16-05; DFW 85-2005(Temp), f. 8-1-05, cert. ef. 8-3-05 thru 12-31-05; DFW 109-2005(Temp), f. & cert. ef. 9-19-05 thru 12-31-05; DFW 110-2005(Temp), f. & cert. ef. 9-26-05 thru 12-31-05; DFW 116-2005(Temp), f. 10-4-05, cert. ef. 10-5-05 thru 12-31-05; DFW 120-2005(Temp), f. & cert. ef. 10-11-05 thru 12-31-05; DFW 124-2005(Temp), f. & cert. ef. 10-18-05 thru 12-31-05; Administrative correction 1-20-06; DFW 5-2006, f. & cert. ef. 2-15-06; DFW 32-2006(Temp), f. & cert. ef. 5-23-06 thru 7-31-06; DFW 35-2006(Temp), f. & cert. ef. 5-30-06 thru 7-31-06; DFW 77-2006(Temp), f. 8-8-06, cert. ef. 9-4-06 thru 12-31-06; DFW 103-2006(Temp), f. 9-15-06, cert. ef. 9-18-06 thru 12-31-06; DFW 119-2006(Temp), f. & cert. ef. 10-18-06; Administrative correction 1-16-07; DFW 7-2007(Temp), f. 1-31-07, cert. ef. 2-1-07 thru 7-30-07; DFW 9-2007, f. & cert. ef. 2-14-07; DFW 13-2007(Temp), f. & cert. ef. 3-6-07 thru 9-1-07; DFW 25-2007(Temp), f. 4-17-07, cert. ef. 4-18-07 thru 7-26-07; DFW 28-2007(Temp), f. & cert. ef. 4-26-07 thru 7-26-07; DFW 61-2007(Temp), f. 7-30-07, cert. ef. 8-1-07 thru 10-31-07; DFW 108-2007(Temp), f. 10-12-07, cert. ef. 10-14-07 thru 12-31-07; Administrative Correction 1-24-08; DFW 6-2008(Temp), f. 1-29-08, cert. ef. 1-31-08 thru 7-28-08; DFW 16-2008(Temp), f. 2-26-08, cert. ef. 3-2-08 thru 8-28-08; DFW 48-2008(Temp), f. & cert. ef. 5-12-08 thru 8-28-08; DFW 58-2008(Temp), f. & cert. ef. 6-4-08 thru 8-31-08; DFW 85-2008(Temp), f. 7-24-08, cert. ef. 8-1-08 thru 12-31-08; DFW 108-2008(Temp), f. 9-8-08, cert. ef. 9-9-08 thru 12-31-08; Administrative correction 1-23-09; DFW 12-2009(Temp), f. 2-13-09, cert. ef. 2-15-09 thru 7-31-09; DFW 23-2009(Temp), f. 3-5-09, cert. ef. 3-6-09 thru 4-30-09; DFW 35-2009(Temp), f. 4-7-09, cert. ef. 4-8-09 thru 4-30-09; DFW 49-2009(Temp), f. 5-14-09, cert. ef 5-17-09 thru 7-31-09; DFW 89-2009(Temp), f. 8-3-09, cert. ef. 8-4-09 thru 12-31-09; DFW 107-2009(Temp), f. 9-2-09, cert. ef. 9-5-09 thru 10-31-09; DFW 112-2009(Temp), f. 9-11-09, cert. ef. 9-13-09 thru 10-30-09; DFW 121-2009(Temp), f. & cert. ef. 9-30-09 thru 10-31-09; Administrative correction 11-19-09; DFW 16-2010(Temp), f. 2-19-10, cert. ef. 2-22-10 thru 6-10-10; DFW 40-2010(Temp), f. & cert. ef. 4-1-10 thru 7-31-10; DFW 46-2010(Temp), f. & cert. ef. 4-21-10 thru 7-31-10; DFW 53-2010(Temp), f. & cert. ef. 5-4-10 thru 7-31-10; DFW 57-2010(Temp), f. & cert. ef. 5-11-10 thru 7-31-10; DFW 69-2010(Temp), f. & cert. ef. 5-18-10 thru 7-31-10; DFW 113-2010(Temp), f. 8-2-10, cert. ef. 8-4-10 thru 10-31-10; DFW 129-2010(Temp), f. & cert. ef. 9-10-10 thru 10-31-10; Administrative correction 11-23-10; DFW 12-2011(Temp), f. 2-10-11, cert. ef. 2-13-11 thru 7-29-11; DFW 23-2011, f. & cert. ef. 3-21-11; DFW 32-2011(Temp), f. 4-20-11, cert. ef. 4-21-11 thru 7-29-11; DFW 53-2011(Temp), f. & cert. ef. 5-18-11 thru 6-10-11

Rule Caption: Amendment to rules regarding Parking Permits in some Wildlife Areas.

Adm. Order No.: DFW 54-2011

Filed with Sec. of State: 5-24-2011

Certified to be Effective: 5-24-11

Notice Publication Date: 12-1-2010

Rules Amended: 635-008-0151

Subject: Correction to the rules filed on January 14, 2011 to establish an access fee to certain wildlife areas administered by ODFW. This new language represents direction given by the Commission at the January 7, 2011 Commission meeting.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-008-0151

Procedures for Issuance and Enforcement of Parking Permits for Department Wildlife Areas

The Oregon Department of Fish and Wildlife hereby adopts the following procedures relating to issuance and enforcement of parking permits for certain vehicles in Department Wildlife Area parking areas:

(1) Parking is permitted only in designated parking areas. A parking permit is required at all times for all fee parking areas.

(2) Fee parking areas are designated by the following signs:

(a) “Entering ODFW Wildlife Area — Parking Permit Required Beyond This Point”;

(b) “Parking allowed only in designated areas — ODFW Wildlife Area Parking Permit Required”.

(3) There are two separate permits: an annual permit and a daily permit.

(4) The fee for parking permits is $5.00 (plus $2.00 agent fee) for permits issued on a daily basis or $20.00 (plus $2.00 agent fee) for permits issued on an annual basis beginning each January 1. Beginning with 2012 licenses, any annual hunting license (including Combination and Sports Pac) will include a free annual parking permit.

(5) Permits are issued by selected local agents, Department offices that sell licenses and the Department’s Online License Sales website to a party upon payment and may be transferred from vehicle to vehicle.

(6) The permits must be visible from outside the vehicle and be displayed in the front or rear window of the vehicle.

(7) No parking permits will be required for those vehicles which are owned or operated by government agencies. Notwithstanding paragraph (5), the Department reserves the right to issue free administrative parking permits for private vehicles used by volunteers while participating in official Department-related activities. Parking permits will not be required for individuals arriving in private vehicles to address fire, health or safety emergencies.

(8)(a) A person who operates or parks a motor-propelled vehicle in violation of restrictions established and posted under OAR 635-008-0146 through 635-008-0151 commits an offense punishable as provided in ORS 496.992;

(b) The procedure for a peace officer (or other person authorized to enforce the wildlife laws) to follow upon finding a non government vehicle parked in a designated fee parking area without a permit shall consist of the issuance of a citation which shall be either delivered to the defendant or placed in a conspicuous place upon the vehicle in the violation.

Stat. Auth.: ORS 496.012, 496.138, 496.146 & 497.071

Stats. Implemented: ORS 496.012, 496.138, 496.146 & 497.071

Hist.: FWC 12-1990, f. & cert. ef. 2-2-90; FWC 8-1993, f. & cert. ef. 2-8-93; DFW 30-2000, f. & cert. ef. 6-14-00; DFW 3-2002(Temp), f. & cert. ef. 1-3-02 thru 1-23-02; DFW 74-2003(Temp), f. 8-1-03, cert. ef. 8-3-03 thru 8-7-03; Administrative correction 1-12-04; DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10; DFW 3-2011, f. & cert. ef. 1-14-11; DFW 54-2011, f. & cert. ef. 5-24-11

Rule Caption: Columbia River Recreational Spring Chinook Season Opens Above Beacon Rock.

Adm. Order No.: DFW 55-2011(Temp)

Filed with Sec. of State: 5-25-2011

Certified to be Effective: 5-27-11 thru 6-15-11

Notice Publication Date:

Rules Amended: 635-023-0125

Rules Suspended: 635-023-0125(T)

Subject: This amended rule opens the Columbia River: 1) from the Rocky Point/Tongue Point line upstream to Bonneville Dam from May 27 through June 15, 2011; and 2) from the Tower Island power lines upstream to the Oregon/Washington border plus bank angling between Bonneville Dam and the Tower Island power lines from May 28 through June 2, 2011. Retention of sockeye, adipose fin-clipped Chinook salmon and adipose fin-clipped steelhead is allowed. Daily bag limit includes up to two adult salmonids (including sockeye). Revisions are consistent with action taken May 25, 2011 by the Columbia River Compact agencies of Oregon and Washington.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-023-0125

Spring Sport Fishery

(1) The 2011 Oregon Sport Fishing Regulations provide requirements for the Columbia River Zone and the Snake River Zone. However, additional regulations may be adopted in this rule division from time to time, and, to the extent of any inconsistency, they supersede the 2011 Oregon Sport Fishing Regulations.

(2) The Columbia River is open from January 1 through February 28 from the mouth at Buoy 10 upstream to the I 5 Bridge with the following restrictions:

(a) Adipose fin-clipped Chinook salmon and adipose fin-clipped steelhead may be retained.

(b) All non-adipose fin-clipped Chinook salmon and non-adipose fin-clipped steelhead must be released immediately unharmed.

(c) Catch limits of two adult adipose fin-clipped salmon or two adult adipose fin-clipped steelhead may be retained per day. Catch limits for jacks remain in effect as per the 2011 Oregon Sport Fishing Regulations.

(3) Effective through June 15, 2011, in Oregon and Washington Select Areas the hatchery adult Chinook daily bag limit will be the same as the adjacent mainstem Columbia River when the mainstem is open for adult Chinook retention. When the adjacent mainstem Columbia River is closed for adult retention, the salmon daily limit will revert to permanent rules.

(4) The mainstem Columbia River is open:

(a) May 15 through May 26, 2011 from Rocky Point/Tongue Point upstream to Beacon Rock (boat and bank angling); plus bank angling only from Beacon Rock upstream to Bonneville Dam. Legal boundary for Beacon Rock is defined as: A line projected from a sign posted on a dock on the Oegon shoreline across to the exposed downstream end of Pierce Island, then acros to a sign posted on the Washington shoreline at Beacon Rock;

(b) May 27 through June 15, 2011 from Rocky Point/Tongue Point upstream to Bonneville Dam (boat and bank angling);

(c) May 28 through June 2, 2011 (6 days) from Tower Island power lines (approx. 6 miles below The Dalles Dam) upstream to the Oregon/Washington border; plus the Oregon and Washington banks between Bonneville Dam and the Tower Island power lines.

(d) Retention of sockeye, adipose fin-clipped Chinook salmon and adipose fin-clipped steelhead is allowed. Catch limits of two adult adipose fin-clipped salmon/steelhead per day in combination, of which only one may be a Chinook downstream of Bonneville Dam. Sockeye salmon count towards the adult limit regardless of size; and

(e) All non-adipose fin-clipped Chinook salmon and non-adipose fin-clipped steelhead must be released immediately unharmed.

(5) For the mainstem Columbia River salmon and steelhead fishery upstream of the Rocky Point-Tongue Point line to the Oregon/Washington border from February 15 through June 15 it is unlawful when fishing from vessels which are less than 30 feet in length, substantiated by Coast Guard documentation or Marine Board registration, to totally remove from the water any salmon or steelhead required to be released.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.138, 496.146 & 506.119

Stats. Implemented: ORS 496.162 & 506.129

Hist.: DFW 11-2004, f. & cert. ef. 2-13-04; DFW 17-2004(Temp), f. & cert. ef. 3-10-04 thru 7-31-04; DFW 29-2004(Temp), f. 4-15-04, cert. ef. 4-22-04 thru 7-31-04; DFW 30-2004(Temp), f. 4-21-04, cert. ef. 4-22-04 thru 7-31-04; DFW 36-2004(Temp), f. 4-29-04, cert. ef. 5-1-04 thru 7-31-04; DFW 39-2004(Temp), f. 5-5-04, cert.ef. 5-6-04 thru 7-31-04; DFW 44-2004(Temp), f. 5-17-04, cert. ef. 5-20-04 thru 7-31-04; DFW 51-2004(Temp), f. 6-9-04, cert. ef. 6-16-04 thru 7-31-04; Administrative correction 8-19-04; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 6-2005, f. & cert. ef. 2-14-05; DFW 27-2005(Temp), f. & cert. ef. 4-20-05 thru 6-15-05; DFW 35-2005(Temp), f. 5-4-05, cert. ef. 5-5-05 thru 10-16-05; DFW 38-2005(Temp), f. & cert. ef. 5-10-05 thru 10-16-05; DFW 44-2005(Temp), f. 5-17-05, cert. ef. 5-22-05 thru 10-16-05; DFW 51-2005(Temp), f. 6-3-05, cert. ef. 6-4-05 thru 7-31-05; Administrative correction 11-18-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 5-2006, f. & cert. ef. 2-15-06; DFW 21-2006(Temp), f. 4-13-06, cert. ef. 4-14-06 thru 5-15-06; DFW 27-2006(Temp), f. 5-12-06, cert. ef. 5-13-06 thru 6-15-06; DFW 29-2006(Temp), f. & cert. ef. 5-16-06 thru 7-31-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 7-2007(Temp), f. 1-31-07, cert. ef. 2-1-07 thru 7-30-07; DFW 9-2007, f. & cert. ef. 2-14-07; DFW 28-2007(Temp), f. & cert. ef. 4-26-07 thru 7-26-07; DFW 33-2007(Temp), f. 5-15-07, cert. ef. 5-16-07 thru 7-30-07; DFW 37-2007(Temp), f. & cert. ef. 5-31-07 thru 7-30-07; DFW 39-2007(Temp), f. 6-5-07, cert. ef. 6-6-07 thru 7-31-07; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 13-2008(Temp), f. 2-21-08, cert. ef. 2-25-08 thru 8-22-08; DFW 17-2008(Temp), f. & cert. ef. 2-27-08 thru 8-22-08; DFW 35-2008(Temp), f. 4-17-08, cert. ef. 4-21-08 thru 8-22-08; DFW 49-2008(Temp), f. & cert. ef. 5-13-08 thru 6-15-08; Administrative correction 7-22-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 10-2009(Temp), f. 2-13-09, cert. ef. 3-1-09 thru 6-15-09; DFW 18-2009, f. & cert. ef. 2-26-09; DFW 48-2009(Temp), f. 5-14-09, cert. ef. 5-15-09 thru 6-16-09; DFW 68-2009(Temp), f. 6-11-09, cert. ef. 6-12-09 thru 6-16-09; Administrative correction 7-21-09; DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10; DFW 19-2010(Temp), f. 2-26-10, cert. ef. 3-1-10 thru 8-27-10; DFW 23-2010(Temp), f. & cert. ef. 3-2-10 thru 8-27-10; DFW 45-2010(Temp), f. 4-21-10, cert. ef. 4-24-10 thru 7-31-10; DFW 49-2010(Temp), f. 4-27-10, cert. ef. 4-29-10 thru 7-31-10; DFW 55-2010(Temp), f. 5-7-10, cert. ef. 5-8-10 thru 7-31-10; Suspended by DFW 88-2010(Temp), f. 6-25-10, cert. ef. 6-26-10 thru 7-31-10; Administrative correction 8-18-10; DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11; DFW 13-2011(Temp), f. & cert. ef. 2-14-11 thru 6-15-11; DFW 28-2011(Temp), f. 4-7-11, cert. ef. 4-8-11 thru 6-15-11; DFW 30-2011(Temp), f. 4-15-11, cert. ef. 4-16-11 thru 6-15-11; DFW 33-2011(Temp), f. & cert. ef. 4-21-11 thru 6-15-11; DFW 39-2011(Temp), f. 5-5-11, cert. ef. 5-7-11 thru 6-15-11; DFW 48-2011(Temp), f. 5-13-11, cert. ef. 5-15-11 thru 6-15-11; DFW 55-2011(Temp), f. 5-25-11, cert. ef. 5-27-11 thru 6-15-11

Rule Caption: Adopt Federal Rules for Oregon’s Commercial Sardine Fisheries.

Adm. Order No.: DFW 56-2011

Filed with Sec. of State: 5-26-2011

Certified to be Effective: 5-26-11

Notice Publication Date: 2-1-2011

Rules Amended: 635-004-0016, 635-004-0017

Subject: These amendments to Oregon’s commercial sardine regulations conform to recent federal regulation changes for 2011 which were developed by the National Marine Fisheries Service (NMFS). Housekeeping and technical corrections to the regulations were made to ensure rule consistency.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-004-0016

Harvest Guideline

(1) The Pacific sardine commercial fishery in Oregon is managed by the federal government and the State of Oregon. This rule incorporates, by reference:

(a) Code of Federal Regulations, Title 50 Part 660, Subpart I (October 1, 2010 ed.) as amended; and

(b) Federal Register Vol. 76, No. 101, dated May 25, 2011 (76 FR 30276).

(2) Therefore, persons must consult all publications referenced in this rule in addition to Oregon Administrative Rules to determine all applicable sardine fishing requirements. Where regulations refer to the fishery management area, that area is extended from shore to three nautical miles from shore coterminous with the Exclusive Economic Zone.

(3) For the purposes of permit renewal in OAR 635-006-1075 the federal coastwide maximum harvest guideline referenced in section (1) above is 50,526 metric tons.

[Publications: Publications references are available from the agency.]

Stat. Auth.: ORS 506.119

Stats. Implemented: ORS 506.109 & 506.129

Hist.: DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 69-2008(Temp), f. & cert. ef. 6-24-08 thru 12-20-08; DFW 89-2008(Temp), f. & cert. ef. 8-6-08 thru 12-31-08; DFW 116-2008(Temp), f. & cert. ef. 9-22-08 thru 12-31-08; DFW 155-2008(Temp), f. 12-30-08, cert. ef. 1-1-09 thru 6-29-09; DFW 14-2009(Temp), f. & cert. ef. 2-23-08 thru 6-30-09; DFW 38-2009, f. & cert. ef. 4-22-09; DFW 154-2009(Temp), f. 12-28-09, cert. ef. 1-1-10 thru 6-29-10; DFW 32-2010, f. & cert. ef. 3-15-10; DFW 37-2010, f. 3-30-10, cert. ef. 4-1-10; DFW 56-2011, f. & cert. ef. 5-26-11

635-004-0017

Inclusions and Modifications

(1) OAR chapter 635, division 004, modifies or is in addition to provisions contained in Code of Federal Regulations, Title 50, Part 660, Subpart I (October 1, 2010 ed.).

(2) The Code of Federal Regulations (CFR), Title 50, Part 660, Subpart I (October 1, 2010 ed.) provides requirements for commercial sardine fishing in the Pacific Ocean. However, additional regulations may be promulgated subsequently, and these supersede, to the extent of any inconsistency, the Code of Federal Regulations.

[Publications: Publications references are available from the agency.]

Stat. Auth.: ORS 506.119

Stats. Implemented: ORS 506.109 & 506.129

Hist.: DFW 38-2009, f. & cert. ef. 4-22-09; DFW 78-2009(Temp), f. 6-30-09, cert. ef. 7-1-09 thru 12-28-09; DFW 85-2009(Temp), f. 7-17-09, cert. ef. 7-18-09 thru 12-31-09; DFW 116-2009(Temp), f. & cert. ef. 9-23-09 thru 12-31-09; Administrative correction 1-25-10; DFW 79-2010(Temp), f. 6-11-10, cert. ef. 6-12-10 thru 6-30-10; Administrative correction 7-27-10; DFW 104-2010(Temp), f. 7-21-10, cert. ef. 7-22-10 thru 9-14-10; Administrative correction 9-22-10; DFW 133-2010(Temp), f. 9-22-10, cert. ef. 9-24-10 thru 12-31-10; Administrative correction 1-25-11; DFW 19-2011(Temp), f. 3-2-11, cert. ef. 3-4-11 thru 6-30-11; DFW 56-2011, f. & cert. ef. 5-26-11

Rule Caption: Trask River Closure From Gold Creek, at Hatchery, Delayed Until July 1, 2011.

Adm. Order No.: DFW 57-2011(Temp)

Filed with Sec. of State: 5-27-2011

Certified to be Effective: 6-1-11 thru 6-30-11

Notice Publication Date:

Rules Amended: 635-014-0090

Subject: These rule modifications delay the closure of the Trask River from Gold Creek, at the hatchery, from June 1, 2011 until July 1, 2011. Angling for spring Chinook in the Trask River has been especially productive during the early part of the run this year. In order to allow anglers this opportunity to harvest hatchery spring Chinook, we need to extend the angling season at the hatchery 200 feet upstream and 900 feet downstream.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-014-0090

Inclusions and Modifications

(1) The 2011 Oregon Sport Fishing Regulations provide requirements for the Northwest Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the 2011 Oregon Sport Fishing Regulations pamphlet.

(2) Notwithstanding all other requirements provided in the 2011 Oregon Sport Fishing Regulations pamphlet, the following additional rules apply to adult salmon angling in waters of the Northwest Zone:

(a) All waters of the Necanicum River and Tillamook Bay Basin, (including the Miami, Kilchis, Wilson, Trask, and Tillamook rivers) that are open for Chinook salmon are limited to no more than 1 adult non fin-clipped Chinook salmon per day and 10 adult non fin-clipped Chinook salmon in the seasonal aggregate when combined with all other waters in the Northwest Zone and all state waters terminal area seasons in the Marine Zone with a 10 adult non fin-clipped Chinook salmon seasonal aggregate limit. Seasonal aggregate applies to all adult non fin-clipped Chinook salmon retained between August 1 and December 31 except in the Nehalem Basin where the seasonal aggregate applies to all adult non fin-clipped Chinook salmon retained between July 1 and December 31.

(b) The Trask River is closed to angling from Gold Creek, at hatchery, 200 feet upstream and 900 feet downstream from July 1 to November 30.

(c) In all waters of the Nehalem River Basin (including the North Fork) and the Nestucca River Basin (including the Little Nestucca and Three Rivers) that are open to Chinook salmon the daily catch limit may include no more than 1 adult non fin-clipped Chinook salmon per day and 2 adult non fin-clipped Chinook salmon in the seasonal aggregate when combined with all other waters in the Northwest Zone with a 2 adult non fin-clipped Chinook salmon seasonal aggregate limit. Seasonal aggregate applies to all adult non fin-clipped Chinook salmon retained between August 1 and December 31 except in the Nehalem Basin where the seasonal aggregate applies to all adult non fin-clipped Chinook salmon retained between July 1 and December 31.

(d) Within the Nehalem Basin (including the North Fork) the following additional rules apply:

(A) Mainstem (bay) closed to all salmon/steelhead angling seaward from a line extending from Nehalem Bay State Park Boat Ramp to Fishery Point July 1 through September 30 and closed to all Chinook salmon angling upstream of Highway 53 Bridge (RM 5.8) at Mohler September 1 through December 31.

(B) Closed to all Chinook salmon angling above the Miami-Foley Road Bridge July 1 through December 31.

(e) Within the Nestucca Basin (including the Little Nestucca River and Three Rivers) the following rules apply:

(A) Mainstem Nestucca tidewater and bay below Cloverdale Bridge (RM 7.1) closed to all salmon and steelhead angling August 1 through September 15.

(B) Mainstem Nestucca River above Cloverdale Bridge (RM 7.1) closed to all Chinook salmon angling August 1 through September 15.

(i) Nestucca bay downstream of ODFW sign at the southern end of Guardrail Hole (aka Fishery Point, Brooten Road MP 4.5): Closed to all salmon/steelhead angling August 1 through December 31.

(D) Little Nestucca including all Little Nestucca tidewater: Closed to all Chinook salmon angling August 1 through December 31.

(E) Mainstem Nestucca River upstream of Farmer Creek (RM 12.5) closed to all Chinook salmon angling August 1 through December 31.

(f) In all waters of Salmon River, the Siletz River Basin, and Yaquina River Basin open for Chinook salmon, the daily catch limit may include no more than 1 adult non fin-clipped Chinook salmon per day and 10 adult non fin-clipped Chinook salmon in the seasonal aggregate when combined with all other waters in the Northwest Zone and all state waters terminal area seasons in the Marine Zone with a 10 adult non fin-clipped Chinook salmon seasonal aggregate limit. Seasonal aggregate applies to all adult non fin-clipped Chinook salmon retained between August 1 and December 31.

(A) Siletz River and Bay upstream to Old Mill Park Boat Launch at RM 36.0 open for all coho salmon from September 1 through the earlier of November 30 or attainment of an adult coho salmon quota of 400 non fin-clipped coho salmon.

(B) The catch limit may include one adult non fin-clipped coho salmon for the entire season and one non fin-clipped jack coho salmon per day during periods when retention of non fin clipped adult coho salmon is allowed, and no more than 5 total adult non fin-clipped coho salmon in the seasonal aggregate from all waters in the Northwest Zone and Southwest Zone.

(g) Within the Siletz River Basin the following additional rules apply:

(A) Drift Creek (Siletz River Basin) upstream of the confluence with Quarry Creek at RM 8 is closed for Chinook salmon from August 1 through December 31; and

(B) All waters of the Siletz River (including all tributaries) upstream of Old Mill Park Boat Launch at RM 36.0 are closed for Chinook salmon from August 1 through December 31.

(h) Within the Yaquina River Basin the following additional rules apply:

(A) All waters of the Yaquina River upstream of the confluence of the Yaquina River and Big Elk Creek at RM 18.3 and all waters of Big Elk Creek (Yaquina River Basin) are closed for Chinook salmon from August 1 through December 31; and

(i) Within the Alsea River Basin the following additional rules apply:

(A) All waters of Drift Creek (Alsea River Basin) within the Drift Creek Wilderness Area and upstream are closed for Chinook salmon from August 1 through December 31; and

(B) All waters of the Alsea River upstream of the confluence with Five Rivers at RM 21; and

(j) Within the Siuslaw River Basin the following additional rules apply:

(A) All waters of the Siuslaw River upstream of the confluence with Lake Creek at RM 30.0 are closed for Chinook salmon from August 1 through December 31;

(B) All waters of Lake Creek are closed for Chinook salmon August 1 through December 31 and all waters of Lake Creek downstream of Fish Creek are closed to all angling from September 1 through November 30.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.138, 496.146, 497.121 & 506.119

Stats. Implemented: ORS 496.004, 496.009, 496.162 & 506.129

Hist.: FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94; FWC 21-1994(Temp), f. 4-22-94, cert. ef. 4-25-94; FWC 31-1994, f. 5-26-94, cert. ef. 6-20-94; FWC 65-1994(Temp), f. 9-15-94, cert. ef. 9-17-94; FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95; FWC 28-1995(Temp), f. 3-31-95, cert. ef. 5-1-95; FWC 34-1995, f. & cert. ef. 5-1-95; FWC 39-1995, f. 5-10-95, cert. ef. 5-12-95; FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96; FWC 19-1996, f. & cert. ef. 5-16-96; FWC 20-1996, f. & cert. ef. 4-29-96; FWC 29-1996, f. & cert. ef. 5-31-96; FWC 46-1996, f. & cert. ef. 8-23-96; FWC 55-1996(Temp), f. 9-25-96, cert. ef. 10-1-96; FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97; FWC 73-1996(Temp), f. 12-31-96, cert. ef. 1-1-97; FWC 5-1997, f. & cert. ef. 2-4-97; FWC 30-1997, f. & cert. ef. 5-5-97; FWC 58-1997, f. 9-8-97, cert. ef. 10-1-97; FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98; DFW 12-1998(Temp), f. & cert. ef. 2-24-98 thru 4-24-98; DFW 34-1998, f. & cert. ef. 5-4-98; DFW 69-1998, f. 8-28-98, cert. ef. 9-1-98; DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99; DFW 36-1999, f. & cert. ef. 5-20-99; DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 24-2000, f. 4-28-00, cert. ef. 5-1-00; DFW 83-2000(Temp), f. 12-28-00, cert. ef. 1-1-01 thru 1-31-01; DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01; DFW 28-2001, f. & cert. ef. 5-1-01; DFW 40-2001(Temp) f. & cert. ef. 5-24-01 thru 11-20-01; DFW 72-2001(Temp), f. 8-10-01, cert. ef. 8-16-01 thru 12-31-01; DFW 81-2001, f. & cert. ef. 8-29-01; DFW 85-2001(Temp), f. & cert. ef. 8-30-01 thru 12-31-01; DFW 90-2001(Temp), f. 9-14-01, cert. ef. 9-15-01 thru 12-31-01; DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02; DFW 5-2002(Temp) f. 1-11-02 cert. ef. 1-12-02 thru 7-11-02; DFW 26-2002, f. & cert. ef. 3-21-02; DFW 37-2002, f. & cert. ef. 4-23-02; DFW 91-2002(Temp) f. 8-19-02, cert. ef 8-20-02 thru 11-1-02 (Suspended by DFW 101-2002(Temp), f. & cert. ef. 10-3-02 thru 11-1-02); DFW 118-2002(Temp), f, 10-22-02, cert. ef. 12-1-02 thru 3-31-03; DFW 120-2002(Temp), f. 10-24-02, cert. ef. 10-26-02 thru 3-31-03; DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03; DFW 18-2003(Temp) f. 2-28-03, cert. ef. 3-1-03 thru 4-30-03; DFW 38-2003(Temp), f. 5-7-03, cert. ef. 5-10-03 thru 10-31-03; DFW 51-2003(Temp), f. & cert. ef. 6-13-03 thru 10-31-03; DFW 90-2003(Temp), f. 9-12-03 cert. ef. 9-13-03 thru 12-31-03; DFW 108-2003(Temp), f. 10-28-03, cert. ef. 12-1-03 thru 3-31-04; DFW 123-2003(Temp), f. 12-10-03, cert. ef. 12-11-03 thru 12-31-03; DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04; DFW 126-2003(Temp), f. 12-11-03, cert. ef. 1-1-04 thru 3-31-04; DFW 60-2004(Temp), f. 6-29-04, cert. ef 7-1-04 thru 7-15-04; DFW 90-2004(Temp), f. 8-30-04, cert. ef. 10-1-04 thru 12-31-04; DFW 103-2004(Temp), f. & cert, ef, 10-4-04 thru 12-31-04; DFW 108-2004(Temp), f. & cert. ef. 10-18-04 thru 12-31-04; DFW 111-2004(Temp), f. 11-16-04, cert. ef. 11-20-04 thru 12-31-04; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 62-2005(Temp), f. 6-29-05, cert. ef. 7-1-05 thru 7-10-05; Administrative correction 7-20-05; DFW 105-2005(Temp), f. 9-12-05, cert. ef. 10-1-05 thru 12-15-05; DFW 127-2005(Temp), f. & cert. ef. 11-23-05 thru 12-31-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 53-2006(Temp), f. 6-29-06, cert. ef. 7-1-06 thru 7-9-06; Administrative correction 7-20-06; DFW 64-2006(Temp), f. 7-17-06, cert. ef. 8-1-06 thru 12-31-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 104-2006(Temp), f. 9-19-06, cert. ef. 10-1-06 thru 12-31-06; DFW 24-2007, f. 4-16-07, cert. ef. 5-1-07; DFW 63-2007(Temp), f. 8-6-07, cert. ef. 8-11-07 thru 12-31-07; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 25-2008(Temp), f. 3-13-08, cert. ef. 3-15-08 thru 9-10-08; DFW 67-2008(Temp), f. 6-20-08, cert. ef. 8-1-08 thru 12-31-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 43-2009(Temp), f. 5-5-09, cert. ef. 5-22-09 thru 10-31-09; DFW 67-2009(Temp), f. 6-9-09, cert. ef. 6-15-09 thru 10-31-09; DFW 87-2009(Temp), f. 7-31-09, cert. ef. 8-1-09 thru 12-31-09; DFW 99-2009(Temp), f. 8-26-09, cert. ef. 9-1-09 thru 12-31-09; DFW 115-2009(Temp), f. & cert. ef. 9-22-09 thru 12-31-09; DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10; DFW 44-2010(Temp), f. 4-20-10, cert. ef. 4-21-10 thru 9-30-10; DFW 73-2010(Temp), f. 5-27-10, cert. ef. 6-1-10 thru 9-30-10; DFW 76-2010, f. 6-8-10, cert. ef. 8-1-10; DFW 89-2010(Temp), f. 6-28-10, cert. ef. 7-1-10 thru 9-30-10; Administrative correction 10-26-10; DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11; DFW 57-2011(Temp), f. 5-27-11, cert. ef. 6-1-11 thru 6-30-11

Rule Caption: Ocean Sport Pacific Halibut Closure from Leadbetter Point, Washington to Cape Falcon, Oregon.

Adm. Order No.: DFW 58-2011(Temp)

Filed with Sec. of State: 5-27-2011

Certified to be Effective: 6-4-11 thru 8-4-11

Notice Publication Date:

Rules Amended: 635-039-0085

Subject: Amended rule closes the sport fishery for Pacific halibut in the area between Leadbetter Point, Washington and Cape Falcon, Oregon at 11:59 p.m. on Saturday, June 4, 2011 when the quota of 10,793 pounds is projected to have been taken. This rule is consistent with regulations that have been implemented by the federal government and the International Pacific Halibut Commission for the 2011 Oregon recreational fishery for Pacific halibut.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-039-0085

Halibut Seasons

(1) The Pacific halibut sport fishery in Oregon is regulated by the federal government and the International Pacific Halibut Commission (IPHC). OAR chapter 635, division 039 incorporates into Oregon Administrative Rules, by reference:

(a) Title 50 of the Code of Federal Regulations, Part 300, Subpart E (October 1, 2010 ed.), as amended; and

(b) Federal Register Vol. 76, No. 51, dated March 16, 2011 (76 FR 14300).

(2) Therefore, persons must consult all publications referenced in this rule in addition to Division 039 to determine applicable halibut fishing seasons.

(3) Effective 11:59 p.m., Saturday, June 4, 2011 the Columbia River sub-area (Cape Falcon, OR to Leadbetter Pt., WA) is closed to the retention of Pacific halibut.

Stat. Auth.: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129

Stats. Implemented: ORS 496.162 & 506.129

Hist.: DFW 56-2005, f. 6-21-05, cert. ef. 7-1-05; DFW 89-2005(Temp), f. & cert. ef. 8-12-05 thru 12-12-05; DFW 107-2005(Temp), f. 9-14-05, cert. ef. 9-15-05 thru 10-31-05; DFW 121-2005(Temp), f. 10-12-05, cert. ef. 10-18-05 thru 12-31-05; Administrative correction 1-19-06; DFW 34-2006(Temp), f. 5-25-06, cert. ef. 5-27-06 thru 8-3-06; Administrative correction 8-22-06; DFW 3-2007, f. & cert. ef. 1-12-07; DFW 35-2007(Temp), f. 5-25-07, cert. ef. 5-26-07 thru 8-2-07; DFW 67-2007(Temp), f. 8-9-07, cert. ef. 8-12-07 thru 9-30-07; DFW 76-2007(Temp), f. 8-17-07, cert. ef. 8-24-07 thru 9-30-07; DFW 84-2007(Temp), f. 9-5-07, cert. ef. 9-15-07 thru 9-30-07; DFW 87-2007(Temp), f. 9-10-07, cert. ef. 9-14-07 thru 10-28-07; DFW 90-2007(Temp), f. 9-19-07, cert ef. 9-20-07 thru 10-31-07; Administrative corection 11-17-07; DFW 57-2008(Temp), f. 5-30-08, cert. ef. 6-1-08 thru 7-31-08; DFW 81-2008(Temp), f. 7-11-08, cert. ef. 8-2-08 thru 9-30-08; DFW 92-2008(Temp), f. & cert. ef. 8-11-08 thru 9-30-08; DFW 101-2008(Temp), f.8-25-08, cert. ef. 8-29-08 thru 9-30-08; DFW 107-2008(Temp), f. 9-5-08, cert. ef. 9-7-08 thru 12-31-08; DFW 111-2008(Temp), f. & cert. ef. 9-16-08 thru 12-31-08; DFW 120-2008(Temp), f. 9-25-08, cert. ef. 9-27-08 thru 12-31-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 39-2009, f. & cert. ef. 4-27-09; DFW 55-2009(Temp), f. & cert. ef. 5-22-09 thru 8-6-09; DFW 94-2009(Temp), f. 8-14-09, cert. ef. 8-16-09 thru 12-31-09; Administrative correction 1-25-10; DFW 32-2010, f. & cert. ef. 3-15-10; DFW 37-2010, f. 3-30-10, cert. ef. 4-1-10; DFW 100-2010(Temp), f. 7-15-10, cert. ef. 7-17-10 thru 10-31-10; DFW 118-2010(Temp), f. & cert. ef. 8-13-10 thru 10-31-10; Administrative correction 11-23-10; DFW 24-2011, f. & cert. ef. 3-22-11; DFW 58-2011(Temp), f. 5-27-11, cert. ef. 6-4-11 thru 8-4-11

Rule Caption: Columbia River Recreational Spring Chinook Season Above Bonneville Dam Extended.

Adm. Order No.: DFW 59-2011(Temp)

Filed with Sec. of State: 6-2-2011

Certified to be Effective: 6-2-11 thru 6-15-11

Notice Publication Date:

Rules Amended: 635-023-0125

Rules Suspended: 635-023-0125(T)

Subject: This amended rule extends the recreational spring Chinook fishery in the Columbia River from the Tower Island power lines (above Bonneville Dam) upstream to the Oregon/Washington border, plus bank angling between Bonneville Dam and the Tower Island power lines, from the original closure date of June 2 through June 15, 2011. Retention of sockeye, adipose fin-clipped Chinook salmon and adipose fin-clipped steelhead is allowed. Daily bag limit includes up to two adult salmonids (including sockeye). Revisions are consistent with action taken June 1, 2011 by the Columbia River Compact agencies of Oregon and Washington.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-023-0125

Spring Sport Fishery

(2) The Columbia River is open from January 1 through February 28 from the mouth at Buoy 10 upstream to the I-5 Bridge with the following restrictions:

(a) Adipose fin-clipped Chinook salmon and adipose fin-clipped steelhead may be retained.

(b) All non-adipose fin-clipped Chinook salmon and non-adipose fin-clipped steelhead must be released immediately unharmed.

(4) The mainstem Columbia River is open:

(b) May 27 through June 15, 2011 from Rocky Point/Tongue Point upstream to Bonneville Dam (boat and bank angling);

(c) May 28 through June 15, 2011 (19 days) from Tower Island power lines (approx. 6 miles below The Dalles Dam) upstream to the Oregon/Washington border; plus the Oregon and Washington banks between Bonneville Dam and the Tower Island power lines.

(e) All non-adipose fin-clipped Chinook salmon and non-adipose fin-clipped steelhead must be released immediately unharmed.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.138, 496.146 & 506.119

Stats. Implemented: ORS 496.162 & 506.129

Rule Caption: Columbia River Treaty Indian Spring Commercial Salmon Season Re-opens.

Adm. Order No.: DFW 60-2011(Temp)

Filed with Sec. of State: 6-2-2011

Certified to be Effective: 6-6-11 thru 10-31-11

Notice Publication Date:

Rules Amended: 635-041-0045

Rules Suspended: 635-041-0045(T)

Subject: This amended rule allows the sales of fish caught in the Treaty Indian fisheries in the Columbia River downstream of Bonneville Dam effective June 6 through June 15, 2011. Revisions are consistent with action taken June 1, 2011 by the Columbia River Compact agencies of Oregon and Washington in cooperation with the Columbia River Treaty Tribes.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-041-0045

Closed Commercial Fishing Areas

Unless otherwise specified in this rule and OAR 635-041-0063, the following waters are closed to commercial fishing:

(1) All Oregon tributaries of the Columbia River.

(2) The Columbia River westerly and downstream of the Bridge of the Gods except:

(a) Fisheries conducted by the Yakama, Warm Springs, Umatilla and Nez Perce tribes downstream of Bonneville Dam (bank fishing only) under provisions of the agreements with the states of Oregon and Washington are open from 6:00 a.m. through 8:00 p.m. each day on Monday June 6, Tuesday June 7, Wednesday June 8, Monday June 13, Tuesday June 14 and Wednesday June 15, 2011. The fishery closes Wednesday June 15 at 8:01 p.m. and remains closed through midnight of that day. The fisheries will reopen June 16, 2011 until further notice.

(A) Allowable sales include Chinook, steelhead, sockeye, coho, walleye, shad, catfish, yellow perch, bass and carp. Sturgeon caught in the tribal fisheries below Bonneville Dam may not be retained or sold. Fish may not be sold on USACE property below Bonneville Dam, but may be caught and transported off USACE property for sale.

(B) Gear is restricted to subsistence fishing gear which includes hoopnets, dipnets, spears, gaffs, clubs, fouling hooks and rod and reel with hook-and-line. During June 6 through June 15, 2011, gear is restricted to hook-and-line only with a limit of one fishing pole per fisher.

(C) Salmon, steelhead, walleye, shad, carp, bass, catfish, and yellow perch landed during an open treaty commercial fishing period may be sold at any time.

(b) Platform and hook-and-line fisheries from the Bridge of the Gods downstream to the subsistence fishing deadline as described in OAR 635-041-0020(1) are open to commercial sales whenever sales are authorized for platform and hook-and-line fisheries in the remainder of Bonneville Pool.

(3) The Columbia River easterly and upstream of a line extending at a right angle across the thread of the river from a deadline marker one mile downstream of McNary Dam.

(4) The Columbia River between a line extending at a right angle across the thread of the river from a deadline marker at the west end of 3-Mile Rapids located approximately 1.8 miles below The Dalles Dam, upstream to a line from a deadline marker on the Oregon shore located approximately 3/4 mile above The Dalles Dam east fishway exit, thence at a right angle to the thread of the river to a point in midriver, thence downstream to Light “1” on the Washington shore; except that dip nets, bag nets, and hoop nets are permitted during commercial salmon and shad fishing seasons at the Lone Pine Indian fishing site located immediately above The Dalles Interstate Bridge.

(5) The Columbia River between a line extending at a right angle across the thread of the river from a deadline marker at Preachers Eddy light below the John Day Dam and a line approximately 4.3 miles upstream extending from a marker on the Oregon shore approximately one-half mile above the upper easterly bank of the mouth of the John Day River, Oregon, extending at a right angle across the thread of the river to a point in midriver, thence turning downstream to a marker located on the Washington shore approximately opposite the mouth of the John Day River.

(6) The Columbia River within areas at and adjacent to the mouths of the Deschutes River and the Umatilla River. The closed areas are along the Oregon side of the Columbia River and extend out to the midstream from a point one-half mile above the intersection of the upper bank of the tributary with the Columbia River to a point one mile downstream from the intersection of the lower bank of the tributary with the Columbia River. All such points are posted with deadline markers.

(7) The Columbia River within an area and adjacent to the mouth of the Big White Salmon River. The closed area is along the Washington side of the Columbia River and extends out to midstream at right angles to the thread of the Columbia River between a marker located 1/2 mile downstream from the west bank upstream to Light “35”.

(8) The Columbia River within an area at and adjacent to the mouth of Drano Lake (Little White Salmon River). The closed area is along the Washington side of the Columbia River and extends out to midstream at right angles to the thread of the Columbia River between Light “27” upstream to a marker located approximately 1/2 mile upriver of the outlet of Drano Lake.

(9) The Columbia River within an area and adjacent to the mouth of the Wind River. The closed area is along the Washington side of the Columbia River and extends to midstream at right angles to the thread of the Columbia River between markers located 1 1/4 miles downstream from the west bank and 1/2 mile upstream from the east bank.

(10) The Columbia River within areas at and adjacent to the mouth of Hood River. The closed area is along the Oregon side of the Columbia River and extends to midstream at right angles to the thread of the Columbia River between markers located approximately 0.85 miles downriver from the west bank at end of the breakwall at the west end of the Port of Hood River and 1/2 mile upriver from the east bank.

(11) The Columbia River within a radius of 150 feet of the Spring Creek Hatchery fishway, except that during the period of August 25-September 20 inclusive the closed area is along the Washington side of the Columbia River and extends to midstream at right angles to the thread of the Columbia River between a marker located 1 1/2 miles downriver of the Spring Creek Hatchery fishway up to the downstream marker of the Big White Salmon sanctuary located approximately 1/2 mile upriver of the Spring Creek Hatchery fishway.

(12) Herman Creek upstream from a line between deadline markers near the mouth. One marker is located on the east bank piling and the other is located on the west bank to the north of the boat ramp.

(13) The Columbia River within an area and adjacent to the mouth of the Klickitat River. The closed area is along the Washington side of the Columbia River and extends to midstream at right angles to the thread of the Columbia River between the downstream margin of Lyle Landing downstream to a marker located near the railroad tunnel approximately 1 1/8 miles downstream from the west bank.

Stat. Auth.: ORS 183.325, 506.109 & 506.119

Stats. Implemented: ORS 506.129 & 507.030

Hist.: FWC 89, f. & ef. 1-28-77; FWC 133, f. & ef. 8-4-77; FWC 149(Temp), f. & ef. 9-21-77 thru 1-18-78; FWC 2-1978, f. & ef. 1-31-78; FWC 7-1978, f. & ef. 2-21-78; FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0045; FWC 6-1980, f. & ef. 1-28-80; FWC 44-1980(Temp), f. & ef. 8-22-80; FWC 1-1981, f. & ef. 1-19-81; FWC 6-1982, f. & ef. 1-28-82; FWC 49-1983(Temp), f. & ef. 9-26-83; FWC 4-1984, f. & ef. 1-31-84; FWC 55-1985(Temp), f. & ef. 9-6-85; FWC 4-1986 (Temp), f. & ef. 1-28-86; FWC 25-1986(Temp), f. & ef. 6-25-86; FWC 42-1986, f. & ef. 8-15-86; FWC 2-1987, f. & ef. 1-23-87; FWC 10-1988, f. & cert. ef. 3-4-88; FWC 54-1989 (Temp), f. & cert. ef. 8-7-89; FWC 90-1989, f. & cert. ef. 9-6-89; FWC 80-1990(Temp), f. 8-7-90, cert. ef. 8-8-90; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 23-2011, f. & cert. ef. 3-21-11; DFW 40-2011(Temp), f. & cert. ef. 5-5-11 thru 10-31-11; DFW 43-2011(Temp), f. & cert. ef. 5-10-11 thru 10-31-11; DFW 60-2011(Temp), f. 6-2-11, cert. ef. 6-6-11 thru 10-31-11

Rule Caption: Amend Rules relating to use of aircraft to hunt or locate game mammals or birds.

Adm. Order No.: DFW 61-2011

Filed with Sec. of State: 6-3-2011

Certified to be Effective: 6-3-11

Notice Publication Date: 3-1-2011

Rules Amended: 635-043-0051

Subject: This rule implements ORS 498.126(4)(b), which requires definition of “emergency situation” and “necessary: in relation to use of aircraft by the Department or its agents in hunting or locating game mammals and game birds.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-043-0051

Authority to Take or Harass Wildlife

(1) In accordance with ORS 496.012, 496.162, 497.298, 498.002, and 498.006, Department staff or their agents may take or harass wildlife in the times, places and manners necessary for:

(a) Scientific purposes pursuant to Department programs;

(b) Protection against a threat to human safety;

(d) Wildlife management purposes pursuant to Department programs;

(e) Education and display purposes; and

(f) Rehabilitation of sick, injured or orphaned wildlife.

(2) Harassment means acts that frighten or chase but do not kill wildlife.

(3) ORS 498.126(1) provides that a person may not hunt game mammals or game birds from or with the aid of an aircraft, nor transmit from an aircraft to a person not in the aircraft information regarding the location of any game mammals or game birds. ORS 498.126(4) provides an exception for the Department of Fish and Wildlife, and its agents, when conducting wildlife management activities necessary for scientific research or, in emergency situations, protecting human safety, wildlife species or property. ORS 498.126(4)(b) requires definition of “emergency situation” and “necessary” by rule.

(a) “Emergency situation” means that the Department has determined that prompt action is required to implement a provision of a species management plan or administrative rule adopted by the Fish and Wildlife Commission.

(b) “Necessary” means that the Department has determined that the use of aircraft in a particular instance is the most efficient method of implementing a provision of a species management plan or administrative rule adopted by the Fish and Wildlife Commission.

Stat. Auth.: ORS 496

Stats. Implemented: ORS 496

Hist.: DFW 47-2001, f. & cert. ef. 6-13-01; DFW 12-2002, f. & cert. ef. 2-12-02; DFW 75-2010(Temp), f. & cert. ef. 6-2-10 thru 11-28-10; DFW 98-2010(Temp), f. & cert. ef. 7-9-10 thru 1-3-11; Administrative correction 1-25-11; DFW 36-2011, f. & cert. ef. 5-4-11; DFW 61-2011, f. & cert. ef. 6-3-11

Rule Caption: 2012 annual changes to game mammal hunting regulations, plus 2011 controlled hunt tag numbers.

Adm. Order No.: DFW 62-2011

Filed with Sec. of State: 6-3-2011

Certified to be Effective: 6-3-11

Notice Publication Date: 3-1-2011

Rules Amended: 635-049-0025, 635-049-0265, 635-065-0765, 635-067-0000, 635-068-0000, 635-069-0000, 635-070-0000, 635-071-0000, 635-073-0000, 635-075-0003

Rules Repealed: 635-049-0025(T), 635-049-0265(T)

Subject: Establish 2011 controlled hunt tag numbers and/or season regulations for the hunting of pronghorn antelope, bighorn sheep, Rocky Mountain goat, deer and elk.

Amend rules to allow fallow deer that leave Oregon temporarily for educational or display purposes to return to Oregon.

Amend rules to clarify the decision standards for suspension and revocation from the LOP program.

Amend the rules that ban the importation of certain cervid parts from states that have confirmed the presence of Chronic wasting Disease, This amendment includes but is not limited to Maryland.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-049-0025

Import, Export, Transport other than to Licensed Facilities

It is unlawful to import live cervids. However, live fallow deer and/or reindeer that leave Oregon temporarily for educational or display purposes may return to Oregon upon obtaining any necessary Department of Agriculture permits, provided:

(1) The fallow deer and/or reindeer have had no contact with other cervids while outside Oregon; and

(2) The Department of Fish and Wildlife is notified each time before the fallow deer and/or reindeer re-enter Oregon.

(3) The Department of Fish and Wildlife is provided a schedule of off facility locations and dates before the fallow deer and/or reindeer are transported outside the facility.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106

Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106

Hist.: DFW 52-2008, f. & cert. ef. 5-28-08; DFW 65-2009, f. & cert. ef. 6-10-09; DFW 169-2010(Temp), f. 12-29-10, cert. ef. 1-1-11 thru 6-27-11; DFW 62-2011, f. & cert. ef. 6-3-11

635-049-0265

Transport of Cervids Among Licensed Facilities

(1) Cervids held under license may not be transported outside their licensed facility except:

(a) From one Oregon licensed cervid facility to another under a permit issued by the Department. The permit will specify any conditions necessary to protect native wildlife and to ensure safe and humane treatment of the cervids being transported.

(b) While being legally exported from Oregon under a permit issued by the Department, a certificate of veterinary inspection and any import permit or license required by the receiving state.

(c) Elk (legally captured from the wild in Oregon or bred from elk legally captured from the wild in Oregon) to and from an exhibition within Oregon under a permit issued by the Department, on the condition that the elk has no contact with, and will not be held in an area frequented by, any other cervid.

(d) As allowed by OAR 635-049-0025(1)(a), (b) and (c) for fallow deer and/or reindeer.

(e) To a slaughtering facility.

(2) To obtain a permit, the holder must apply using a form provided by the Department and provide all requested details concerning the proposed transport.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106

Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106

Hist.: DFW 52-2008, f. & cert. ef. 5-28-08; DFW 169-2010(Temp), f. 12-29-10, cert. ef. 1-1-11 thru 6-27-11; DFW 62-2011, f. & cert. ef. 6-3-11

635-065-0765

Tagging, Possession, Transportation and Evidence of Sex

(1) When the owner of any game mammal tag kills a game mammal for which a tag is issued, the owner shall immediately remove in its entirety only the month and day of kill and attach the tag in plain sight securely to the game mammal. The tag shall be kept attached to such carcass or remain with any parts thereof so long as the same are preserved.

(2) It is unlawful to have in possession any game mammal tag from which all or part of any date has been removed or mutilated except when the tag is legally validated and attached to a game mammal.

(3) It is unlawful to possess the meat or carcass of any pronghorn antelope, bighorn sheep, or Rocky Mountain goat without the animal’s scalp while in the field, forest, or in transit on any of the highways or premises open to the public in Oregon, except processed or cut and wrapped meat. The scalp shall include the attached eyes and ears, if the animal is female; or ears, horns, and eyes if the animal is male.

(4) It is unlawful to posses the meat or carcass of any deer or elk without evidence of sex while in the field, forest, or in transit on any of the highways or premises open to the public in Oregon, except processed or cut and wrapped meat. Evidence of sex for deer and elk is:

(a) Evidence of sex for deer and elk which will be taken out of Oregon is:

(i) For Bucks and Bulls: Either the head with antlers naturally attached to at least one quarter of the carcass or testicles, scrotum, or penis naturally attached to one quarter of the carcass or to another major portion of meat. For hunts with antler restrictions, if the head is not attached to the carcass, in addition to leaving the testicles, scrotum, or penis naturally attached to one quarter of the carcass or to another major portion of meat, the head or skull plate with both antlers naturally attached shall accompany the carcass or major portions of meat while in the field, forest, or in transit on any of the highways or premises open to the public in Oregon, except processed or cut and wrapped meat.

(ii) For Does and Cows: Either the head naturally attached to at least one quarter of the carcass or vulva or udder (mammary) naturally attached to one quarter of the carcass or to another major portion of meat.

(iii) For Either Sex Hunts: Either the head naturally attached to at least one quarter of the carcass or reproductive organs (testicles, scrotum, penis, vulva, udder, mammary) naturally attached to one quarter of the carcass or to another major portion of meat. For bucks or bulls killed in either sex hunts with antler restrictions, if the head is not attached to the carcass, in addition to leaving the testicles, scrotum, or penis naturally attached to one quarter of the carcass or to another major portion of meat, the head or skull plate with both antlers naturally attached shall accompany the carcass or major portions of meat while in the field, forest, or in transit on any of the highways or premises open to the public in Oregon, except processed or cut and wrapped meat.

(iv) For hunts where only white-tailed deer and for hunts where only mule deer are legal: in addition to evidence of sex, either the head or tail shall remain naturally attached to one quarter of the carcass or to another major portion of meat as evidence of the species taken while in the field, forest, or in transit on any of the highways or premises open to the public in Oregon, except processed or cut and wrapped meat.

(b) Evidence of sex for deer and elk which will not be taken out of Oregon is either:

(i) The animal’s scalp while in the field, forest, or in transit on any of the highways or premises open to the public in Oregon, except processed or cut and wrapped meat. The scalp shall include the attached eyes and ears, if the animal is female; or ears, antlers, and eyes if the animal is male, or;

(ii) the head naturally attached to at least one quarter of the carcass or reproductive organs naturally attached to one quarter of the carcass or to another major portion of meat as described in (4) (a) (i)-(iv) above.

(5) When any game mammal or part thereof is transferred to the possession of another person, a written record describing the game mammal or part being transferred indicating the name and address of the person whose tag was originally attached to the carcass and the number of that tag shall accompany such transfer and shall remain with such game mammal or part so long as the same is preserved or until replaced by a tag or seal of the Department.

(6) All game mammals in possession in the field or forest or in transit more than 48 hours after the close of the open season for such mammal must be tagged with a tag or metal seal by the Department or by the Oregon State Police.

(7) All game mammals or portions thereof shipped by commercial carrier shall be tagged with a tag or metal seal provided by the Department or by the Oregon State Police.

(8) It is unlawful to receive or have in possession any game mammal or part thereof which:

(a) Is not properly tagged;

(b) Was taken in violation of any wildlife laws or regulations; or

(9) No person shall possess any game mammal or part thereof which has been illegally killed, found or killed for humane reasons, except shed antlers, unless he has notified and received permission from the Department or personnel of the Oregon State Police prior to transporting.

(10) No person shall possess the horns of bighorn sheep or Rocky Mountain goat that were not taken legally during an authorized season. Any horns of bighorn sheep or Rocky Mountain goat obtained by the Department may be made available to scientific and educational institutions and for ceremonial purposes.

(11) Except for the following parts, importation of a cervid carcass or parts of a cervid carcass is prohibited if the cervid was killed in a state or province with a documented case of Chronic Wasting Disease:

(a) Meat that is cut and wrapped commercially or privately;

(b) Meat that has been boned out;

(d) Hides and/or capes with no head attached;

(e) Skull plates with antlers attached that have been cleaned of all meat and brain tissue;

(f) Antlers with no tissue attached;

(g) Upper canine teeth (buglers, whistlers, ivories);

(h) Finished taxidermy heads.

(12) For the purposes of the parts and carcass import ban in subsection (11), the states or provinces with a documented case of Chronic Wasting Disease (CWD) are Alberta, Colorado, Illinois, Maryland, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, New Mexico, New York, North Dakota, Oklahoma, South Dakota, Wisconsin, Wyoming, Utah, Virginia, West Virginia, and Saskatchewan. The Department shall add by temporary rule any additional states or provinces when any new cases of CWD arise.

(13) The parts and carcass import ban in subsection (11) does not apply to parts or carcasses shipped to the National Fish and Wildlife Forensics Laboratory (Ashland, Oregon) for the purpose of law enforcement investigations and also does not apply to parts or carcasses of reindeer/caribou.

(14) Cervid carcasses or parts of cervid carcasses found in Oregon in violation of the parts and carcass ban in subsection (11) shall be disposed of in a manner as follows:

(a) Brain tissue, spinal columns, and whole heads or heads minus the cleaned skull plate and attached antlers, shall be disposed of either by incineration at temperatures exceeding 800° F or at lined landfills registered by Oregon Department of Environmental Quality capable of accepting animal carcasses without environmental contamination; rendering is not an allowed means of disposal.

(b) The person(s) who imported parts in violation of the parts and carcass ban in subsection

(11) shall pay for appropriate disposal of cervid carcasses or parts of cervid carcasses.

Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162

Stats. Implemented: ORS 496.012, 496.138, 496.146 & 496.162

Hist.: FWC 123, f. & ef. 6-9-77; FWC 33-1978, f. & ef. 6-30-78; FWC 28-1979, f. & ef. 8-2-79; FWC 33-1980, f. & ef. 6-30-80; FWC 6-1981, f. & ef. 1-23-81; FWC 11-1981, f. & ef. 3-31-81; FWC 20-1981, f. & ef. 6-19-81; FWC 37-1982, f. & ef. 6-25-82; FWC 34-1984, f. & ef. 7-24-84; FWC 43-1988, f. & ef. 8-22-85; FWC 35-1986, f. & ef. 8-7-86; FWC 11-1987, f. & ef. 3-6-87; FWC 41-1987, f. & ef. 7-6-87; FWC 13-1988, f. & cert. ef. 3-10-88; FWC 63-1989, f. & cert. ef. 8-15-89; FWC 24-1990, f. & cert. ef. 3-21-90; FWC 9-1997, f. & cert. ef. 2-27-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 90-2002(Temp), f. & cert. ef. 8-16-02 thru 2-11-03; DFW 114-2002(Temp), f. & cert. ef. 10-18-02 thru 2-11-03; DFW 126-2002, f. & cert. ef. 11-12-02; DFW 127-2002(Temp), f. & cert. ef. 11-14-02 thru 2-11-03; DFW 2-2003, f. & cert. ef. 1-17-03; DFW 50-2003, f. & cert. ef. 6-13-03; DFW 61-2003, f. & cert. ef. 7-16-03; DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 53-2005, f. & cert. ef. 6-14-05; DFW 111-2005(Temp), f. & cert. ef. 9-23-05 thru 10-31-05; Administrative correction 11-18-05; DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06; DFW 135-2008, f. & cert. ef. 10-17-08; DFW 2-2009, f. & cert. ef. 1-9-09; DFW 8-2010(Temp), f. & cert. ef. 1-25-10 thru 7-24-10; DFW 21-2010(Temp), f. & cert. ef. 2-26-10 thru 8-24-10; DFW 36-2010(Temp), f. & cert. ef. 3-30-10 thru 9-25-10; DFW 83-2010, f. & cert. ef. 6-15-10; DFW 62-2011, f. & cert. ef. 6-3-11

635-067-0000

Purpose and General Information

(1) The purpose of these rules is to establish season dates, bag limits, areas, methods, and other restrictions for hunting pronghorn antelope, cougar, bighorn sheep, and Rocky Mountain goat pursuant to ORS Chapter 496.

(2) OAR chapter 635, division 067 incorporates, by reference, the requirements for hunting pronghorn antelope, cougar, bighorn sheep, and Rocky Mountain goat set out in the document entitled “2011 Oregon Big Game Regulations,” into Oregon Administrative Rules. Therefore, persons must consult the “2011 Oregon Big Game Regulations” in addition to OAR chapter 635, to determine all applicable requirements for hunting pronghorn antelope, cougar, bighorn sheep, and Rocky Mountain goat. The annual Oregon Big Game Regulations are available at authorized license agents and regional, district and headquarters offices and website of the Oregon Department of Fish and Wildlife.

(3) Controlled hunt tags shall be issued by a controlled hunt drawing following the procedures established in OAR chapter 635, division 060. Permitted weapons and ammunition are established in OAR chapter 635, division 065. Controlled hunt tag numbers for 2011 are listed in Tables 1, 2, and 3 and are adopted and incorporated into OAR chapter 635, division 067 by reference.

[ED. NOTE: Tables referenced are available from the agency.]

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162

Stats. Implemented: ORS 496.012, 496.138, 496.146 & 496.162

Hist.: FWC 65-1989, f. & cert. ef. 8-15-89; FWC 35-1996, f. & cert. ef. 6-7-96; FWC 9-1997, f. & cert. ef. 2-27-97; FWC 38-1997, f. & cert. ef. 6-17-97; FWC 71-1997, f. & cert. ef. 12-29-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 30-2000, f. & cert. ef. 6-14-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 47-2001, f. & cert. ef. 6-13-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 59-2002, f. & cert. ef. 6-11-02; DFW 2-2003, f. & cert. ef. 1-17-03; DFW 50-2003, f. & cert. ef. 6-13-03; DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 53-2004, f. & cert. ef. 6-16-04; DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05; DFW 53-2005, f. & cert. ef. 6-14-05; DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06; DFW 41-2006, f. & cert. ef. 6-14-06; DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07; DFW 42-2007, f. & cert. ef. 6-14-07; DFW 118-2007, f. 10-31-07, c ert. ef. 1-1-08; DFW 60-2008, f. & cert. 6-12-08; DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09; DFW 66-2009, f. & cert. ef. 6-10-09; DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10; DFW 83-2010, f. & cert. ef. 6-15-10; DFW 85-2010(Temp), f. & cert. ef. 6-21-10 thru 12-17-10; DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11; DFW 62-2011, f. & cert. ef. 6-3-11

635-068-0000

Purpose and General Information

(1) The purpose of these rules is to establish season dates, bag limits, areas, methods and other restrictions for hunting western Oregon deer pursuant to ORS Chapter 496.

(2) Controlled hunt tag numbers for 2011 are listed in Tables 1 and 2 and are adopted and incorporated into OAR chapter 635, division 068 by reference.

(3) OAR chapter 635, division 068 incorporates, by reference, the requirements for hunting western Oregon deer set out in the document entitled “2011 Oregon Big Game Regulations,” into Oregon Administrative Rules. Therefore, persons must consult the “2011 Oregon Big Game Regulations” in addition to OAR chapter 635, to determine all applicable requirements for hunting western Oregon deer. The annual Oregon Big Game Regulations are available at authorized license agents and regional, district, and headquarters offices of the Oregon Department of Fish and Wildlife.

[ED. NOTE: Tables referenced are available from the agency.]

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162

Stats. Implemented: ORS 496.012, 496.138, 496.146 & 496.162

Hist.: FWC 39-1988, f. & cert. ef. 6-13-88; FWC 35-1996, f. & cert. ef. 6-7-96; FWC 9-1997, f. & cert. ef. 2-27-97; FWC 38-1997, f. & cert. ef. 6-17-97; FWC 71-1997, f. & cert. ef. 12-29-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 30-2000, f. & cert. ef. 6-14-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 47-2001. f. & cert. ef. 6-13-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 59-2002, f. & cert. ef. 6-11-02; DFW 3-2003, f. 1-17-03, cert. ef. 1-20-03; DFW 50-2003, f. & cert. ef. 6-13-03; DFW 121-2003, f. 12-4-03, cert. ef. 1-19-04; DFW 53-2004, f. & cert. ef. 6-16-04; DFW 124-2004, f. 12-21-04, cert. ef. 3-1-05; DFW 53-2005, f. & cert. ef. 6-14-05; DFW 131-2005, f. 12-1-05, cert. ef. 3-1-06; DFW 41-2006, f. & cert. ef. 6-14-06; DFW 125-2006, f. 12-4-06, cert. ef. 3-1-07; DFW 42-2007, f. & cert. ef. 6-14-07; DFW 116-2007, f. 10-31-07, cert. ef. 3-1-08; DFW 60-2008, f. & cert. 6-12-08; DFW 13-2009, f. 2-19-09, cert. ef. 3-1-09; DFW 66-2009, f. & cert. ef. 6-10-09; DFW 14-2010, f. 2-16-10, cert. ef. 3-1-10; DFW 83-2010, f. & cert. ef. 6-15-10; DFW 14-2011, f. 2-15-11, cert. ef. 3-1-11; DFW 62-2011, f. & cert. ef. 6-3-11

635-069-0000

Purpose and General Information

(1) The purpose of these rules is to establish season dates, bag limits, areas, methods and other restrictions for hunting eastern Oregon deer pursuant to ORS Chapter 496.

(2) Controlled hunt tag numbers for 2011 are listed in Tables 1 and 2 and are adopted and incorporated into OAR chapter 635, division 069 by reference.

(3) OAR chapter 635, division 069 incorporates, by reference, the requirements for hunting eastern Oregon deer set out in the document entitled “2011 Oregon Big Game Regulations,” into Oregon Administrative Rules. Therefore, persons must consult the “2011 Oregon Big Game Regulations” in addition to OAR Chapter 635, to determine all applicable requirements for hunting eastern Oregon deer. The annual Oregon Big Game Regulations are available at hunting license agents and regional, district and headquarters offices and website of the Oregon Department of Fish and Wildlife.

[ED. NOTE: Tables referenced are available from the agency.]

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162

Stats. Implemented: ORS 496.012, 496.138, 496.146 & 496.162

Hist.: FWC 40-1988, f. & cert. ef. 6-13-88; FWC 35-1996, f. & cert. ef. 6-7-96; FWC 9-1997, f. & cert. ef. 2-27-97; FWC 38-1997, f. & cert. ef. 6-17-97; FWC 71-1997, f. & cert. ef. 12-29-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 32-1999(Temp), f. & cert. ef. 5-4-99 thru 10-31-99; DFW 34-1999(Temp), f. & cert. ef. 5-12-99 thru 10-31-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 20-2000(Temp), f. 4-12-00, cert. ef. 4-12-00 thru 6-30-00; DFW 30-2000, f. & cert. ef. 6-14-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 47-2001, f. & cert. ef. 6-13-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 59-2002, f. & cert. ef. 6-11-02; DFW 7-2003, f. 1-17-03, cert. ef. 2-1-03; DFW 50-2003, f. & cert. ef. 6-13-03; DFW 122-2003, f. 12-4-03, cert. ef. 2-2-04; DFW 53-2004, f. & cert. ef. 6-16-04; DFW 123-2004, f. 12-21-04, cert. ef. 2-1-05; DFW 53-2005, f. & cert. ef. 6-14-05; DFW 130-2005, f. 12-1-05, cert. ef. 2-1-06; DFW 41-2006, f. & cert. ef. 6-14-06; DFW 124-2006, f. 12-7-06, cert. ef. 2-1-07; DFW 42-2007, f. & cert. ef. 6-14-07; DFW 117-2007, f. 10-31-07, cert. ef. 2-1-08; DFW 60-2008, f. & cert. 6-12-08; DFW 8-2009, f. & cert. ef. 2-3-09; DFW 66-2009, f. & cert. ef. 6-10-09; DFW 4-2010, f. 1-12-10, cert. ef. 2-1-10; DFW 83-2010, f. & cert. ef. 6-15-10; DFW 7-2011, f. 1-31-11, cert. ef. 2-1-11; DFW 62-2011, f. & cert. ef. 6-3-11

635-070-0000

Purpose and General Information

(1) The purpose of these rules is to establish season dates, bag limits, areas, methods and other restrictions for hunting Cascade and Coast elk pursuant to ORS Chapter 496.

(2) Controlled hunt tag numbers for 2011 are listed in Tables 1 and 2 and are adopted and incorporated into OAR chapter 635, division 070 by reference.

(3) OAR chapter 635, division 070 incorporates, by reference, the requirements for hunting western Oregon elk set out in the document entitled “2011 Oregon Big Game Regulations,” into Oregon Administrative Rules. Therefore, persons must consult the “2011 Oregon Big Game Regulations” in addition to OAR Chapter 635, to determine all applicable requirements for hunting western Oregon elk. The annual Oregon Big Game Regulations are available at hunting license agents and regional, district and headquarters offices of the Oregon Department of Fish and Wildlife.

[ED. NOTE: Tables referenced are available from the agency.]

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162

Stats. Implemented: ORS 496.012, 496.138, 496.146 & 496.162

Hist.: FWC 41-1988, f. & cert. ef. 6-13-88; FWC 35-1996, f. & cert. ef. 6-7-96; FWC 9-1997, f. & cert. ef. 2-27-97; FWC 38-1997, f. & cert. ef. 6-17-97; FWC 71-1997, f. & cert. ef. 12-29-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 30-2000, f. & cert. ef. 6-14-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 47-2001, f. & cert. ef. 6-13-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 59-2002, f. & cert. ef. 6-11-02; DFW 2-2003, f. & cert. ef. 1-17-03; DFW 9-2003(Temp), f. & cert. ef. 1-28-03 thru 6-16-03; DFW 50-2003, f. & cert. ef. 6-13-03; DFW 119-2003, f. 12-4-03, cert. ef. 4-1-04; DFW 130-2003(Temp), f. & cert. ef. 12-24-03 thru 3-1-04; DFW 8-2004(Temp), f. & cert. ef. 2-2-04 thru 7-31-04; DFW 53-2004, f. & cert. ef. 6-16-04; DFW 107-2004(Temp), f. & cert. ef 10-18-04 thru 11-27-04; DFW 131-2004, f. 12-21-04, cert. ef. 4-1-05; DFW 53-2005, f. & cert. ef. 6-14-05; DFW 132-2005, f. 12-1-05, cert. ef. 4-1-06; DFW 41-2006, f. & cert. ef. 6-14-06; DFW 126-2006, f. 12-7-06, cert. ef. 4-1-07; DFW 42-2007, f. & cert. ef. 6-14-07; DFW 115-2007, f. 10-31-07, cert. ef. 4-1-08; DFW 60-2008, f. & cert. 6-12-08; DFW 31-2009, f. 3-23-09, cert. ef. 4-1-09; DFW 66-2009, f. & cert. ef. 6-10-09; DFW 22-2010, f. 3-1-10, cert. ef. 4-1-10; DFW 31-2010, f. 3-12-10, cert. ef. 4-1-10; DFW 83-2010, f. & cert. ef. 6-15-10; DFW 62-2011, f. & cert. ef. 6-3-11

635-071-0000

Purpose and General Information

(1) The purpose of these rules is to establish season dates, bag limits, areas, methods and other restrictions for hunting Rocky Mountain elk pursuant to ORS Chapter 496.

(2) Controlled hunt tag numbers for 2011 are listed in Tables 1 and 2 and are adopted and incorporated in OAR chapter 635, division 071 by reference.

(3) OAR chapter 635, division 071 incorporates, by reference, the requirements for hunting Rocky Mountain elk set out in the document entitled “2011 Oregon Big Game Regulations,” into Oregon Administrative Rules. Therefore, persons must consult the “2011 Oregon Big Game Regulations” in addition to OAR Chapter 635, to determine all applicable requirements for hunting Rocky Mountain elk. The annual Oregon Big Game Regulations are available at hunting license agents and regional, district and headquarters offices of the Oregon Department of Fish and Wildlife.

[ED. NOTE: Tables referenced are available from the agency.]

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162

Stats. Implemented: ORS 496.012, 496.138, 496.146 & 496.162

Hist.: FWC 42-1988, f. & cert. ef. 6-13-88; FWC 35-1996, f. & cert. ef. 6-7-96; FWC 9-1997, f. & cert. ef. 2-27-97; FWC 38-1997, f. & cert. ef. 6-17-97; FWC 71-1997, f. & cert. ef. 12-29-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 30-2000, f. & cert. ef. 6-14-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 47-2001, 6-13-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 59-2002, f. & cert. ef. 6-11-02; DFW 2-2003, f. & cert. ef. 1-17-03; DFW 9-2003(Temp), f. & cert. ef. 1-28-03 thru 6-16-03; DFW 50-2003, f. & cert. ef. 6-13-03; DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 1-2004(Temp), f. & cert. ef. 1-13-04 thru 7-9-04; DFW 53-2004, f. & cert. ef. 6-16-04; DFW 105-2004(Temp), f. & cert. ef. 10-13-04 thru 11-15-04, Administrative correction 11-22-04; DFW 131-2004, f. 12-21-04, cert. ef. 4-1-05; DFW 53-2005, f. & cert. ef. 6-14-05; DFW 132-2005, f. 12-1-05, cert. ef. 4-1-06; DFW 22-2006(Temp), f. & cert. ef. 4-7-06 thru 10-4-06; DFW 41-2006, f. & cert. ef. 6-14-06; DFW 126-2006, f. 12-7-06, cert. ef. 4-1-07; DFW 42-2007, f. & cert. ef. 6-14-07; DFW 115-2007, f. 10-31-07, cert. ef. 4-1-08; DFW 60-2008, f. & cert. 6-12-08; DFW 31-2009, f. 3-23-09, cert. ef. 4-1-09; DFW 66-2009, f. & cert. ef. 6-10-09; DFW 22-2010, f. 3-1-10, cert. ef. 4-1-10; DFW 31-2010, f. 3-12-10, cert. ef. 4-1-10; DFW 83-2010, f. & cert. ef. 6-15-10; DFW 62-2011, f. & cert. ef. 6-3-11

635-073-0000

Purpose and General Information

(1) The purpose of these rules is to establish season dates, bag limits, areas and other restrictions for bow and muzzleloader hunting and controlled deer and elk youth hunts; pursuant to ORS Chapter 496.

(2) Controlled hunt tag numbers for 2011 for deer and elk bow and muzzleloader hunting and deer and elk youth hunts are listed in Tables 1 and 2 and are adopted and incorporated into OAR chapter 635, division 073 by reference.

(3) OAR chapter 073 incorporates, by reference, the requirements for bow and muzzleloader hunting and controlled deer and elk youth hunts set out in the document entitled “2011 Oregon Big Game Regulations,” into Oregon Administrative Rules. Therefore, persons must consult the “2011 Oregon Big Game Regulations,” in addition to OAR chapter 635, to determine all applicable requirements for bow and muzzleloader hunting and controlled deer and elk youth hunts. The annual Oregon Big Game Regulations are available at hunting license agents and regional, district and headquarters offices and website of the Oregon Department of Fish and Wildlife.

[ED. NOTE: Tables referenced are available from the agency.]

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162

Stats. Implemented: ORS 496.012, 496.138, 496.146 & 496.162

Hist.: FWC 44-1988, f. & cert. ef. 6-13-88; FWC 18-1994, f. 3-30-94, cert. ef. 5-1-94; FWC 17-1996, f. 4-10-96, cert. ef. 4-15-96; FWC 35-1996, f. & cert. ef. 6-7-96; FWC 9-1997, f. & cert. ef. 2-27-97; FWC 38-1997, f. & cert. ef. 6-17-97; FWC 71-1997, f. & cert. ef. 12-29-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 21-2000(Temp), f. 4-12-00, cert. ef. 4-12-00 thru 6-30-00; DFW 30-2000, f. & cert. ef. 6-14-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 47-2001, f. & cert. ef. 6-13-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 59-2002, f. & cert. ef. 6-11-02; DFW 3-2003, f. 1-17-03, cert. ef. 1-20-03; DFW 50-2003, f. & cert. ef. 6-13-03; DFW 122-2003, f. 12-4-03, cert. ef. 2-2-04; DFW 130-2003(Temp), f. & cert. ef. 12-24-03 thru 3-1-04; DFW 53-2004, f. & cert. ef. 6-16-04; DFW 123-2004, f. 12-21-04, cert. ef. 2-1-05; DFW 53-2005, f. & cert. ef. 6-14-05; DFW 130-2005, f. 12-1-05, cert. ef. 2-1-06; DFW 22-2006(Temp), f. & cert. ef. 4-7-06 thru 10-4-06; DFW 41-2006, f. & cert. ef. 6-14-06; DFW 124-2006, f. 12-7-06, cert. ef. 2-1-07; DFW 42-2007, f. & cert. ef. 6-14-07; DFW 117-2007, f. 10-31-07, cert. ef. 2-1-08; DFW 60-2008, f. & cert. 6-12-08; DFW 8-2009, f. & cert. ef. 2-3-09; DFW 66-2009, f. & cert. ef. 6-10-09; DFW 4-2010, f. 1-12-10, cert. ef. 2-1-10; DFW 83-2010, f. & cert. ef. 6-15-10; DFW 7-2011, f. 1-31-11, cert. ef. 2-1-11; DFW 62-2011, f. & cert. ef. 6-3-11

635-075-0003

Decision Standard for Suspension and Revocation from the LOP Program

(1) If a landowner as defined in OAR 635-045-0002 (or the landowner’s partner, member, manager, employee, or any person using an LOP tag provided by the landowner) is convicted of violation of the wildlife laws arising from participating in the LOP program, the Department may suspend that landowner from participating in the LOP program for three years, beginning upon issuance of a final order.

(a) When the Department suspends a landowner pursuant to paragraph (1), that suspension will include any and all properties associated with that landowner, including properties registered to the individual, as a partnership, or as a corporation, and the suspension will run for the same period of time as for the landowner.

(b) When the Department suspends a landowner pursuant to paragraph (1), the Department will also revoke any unused LOP tags previously issued for the landowner’s properties.

(2) Any landowner whose LOP program participation the Department proposes to suspend may request a contested case hearing within 14 days of notice of the proposed decision.

Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162

Stats Implemented: ORS 496.012, 496.138, 496.146 & 496.162

Hist.: DFW 131-2008, f. & cert. ef. 10-14-08; DFW 139-2008, f. & cert. ef. 10-30-08; DFW 62-2011, f. & cert. ef. 6-3-11

Rule Caption: Columbia River Treaty Indian Spring Commercial Salmon Season Modified.

Adm. Order No.: DFW 63-2011(Temp)

Filed with Sec. of State: 6-8-2011

Certified to be Effective: 6-9-11 thru 10-31-11

Notice Publication Date:

Rules Amended: 635-041-0045

Rules Suspended: 635-041-0045(T)

Subject: This amended rule allows the sales of fish caught in the Treaty Indian fisheries in the Columbia River downstream of Bonneville Dam, under individual tribal Memorandums of Agreement, effective June 9 through June 15, 2011. Revisions are consistent with action taken June 7, 2011 by the Columbia River Compact agencies of Oregon and Washington in cooperation with the Columbia River Treaty Tribes.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-041-0045

Closed Commercial Fishing Areas

Unless otherwise specified in this rule and OAR 635-041-0063, the following waters are closed to commercial fishing:

(1) All Oregon tributaries of the Columbia River.

(2) The Columbia River westerly and downstream of the Bridge of the Gods except:

(a) Fisheries conducted by the Yakama, Warm Springs, Umatilla and Nez Perce tribes downstream of Bonneville Dam (bank fishing only) under provisions of the agreements with the states of Oregon and Washington are open from 6:00 a.m. through 8:00 p.m. each day on Monday June 6, Tuesday June 7 and Wednesday June 8; and from 6:00 a.m. Thursday June 9 through midnight Wednesday June 15. The fisheries will reopen June 16, 2011 until further notice.

(C) Salmon, steelhead, walleye, shad, carp, bass, catfish, and yellow perch landed during an open treaty commercial fishing period may be sold at any time.

(3) The Columbia River easterly and upstream of a line extending at a right angle across the thread of the river from a deadline marker one mile downstream of McNary Dam.

(12) Herman Creek upstream from a line between deadline markers near the mouth. One marker is located on the east bank piling and the other is located on the west bank to the north of the boat ramp.

Stat. Auth.: ORS 183.325, 506.109 & 506.119

Stats. Implemented: ORS 506.129 & 507.030

Rule Caption: Lower Umatilla River Spring Chinook Salmon Fishery Extended Through June 30, 2011.

Adm. Order No.: DFW 64-2011(Temp)

Filed with Sec. of State: 6-10-2011

Certified to be Effective: 6-13-11 thru 9-1-11

Notice Publication Date:

Rules Amended: 635-019-0090

Rules Suspended: 635-019-0090(T)

Subject: Amended rule extends the lower Umatilla River spring Chinook salmon fishery, set in permanent rule to run through June 12, until 11:59 p.m. on Thursday, June 30, 2011. This allows recreational anglers opportunities to harvest excess returning hatchery spring Chinook salmon in an area from the Highway 730 Bridge upstream to Three Mile Dam. This extension was made possible because harvest rates have been very low and harvest allocations remain available from this year’s Umatilla River spring Chinook run. In addition, broodstock and natural production needs have already been met. The Confederated Tribes of the Umatilla Indian Reservation (CTUIR) co-manage this fishery and operational plans for the species.

Rules Coordinator: Theresa Kucera—(503) 947-6033

635-019-0090

Inclusions and Modifications

(2) The Imnaha River from the mouth to Summit Creek Bridge (River Mile 45) is open to angling for adipose fin-clipped adult Chinook salmon from May 28 until further notice.

(b) All other General, Statewide and Northeast Zone Regulations, as provided in the 2011 Oregon Sport Fishing Regulations, remain in effect.

(c) Hook gap restrictions listed in the Northeast Zone Special Regulations for Lookingglass Creek are removed for the duration of the spring Chinook angling season.

(d) All other General, Statewide and Northeast Zone Regulations, as provided in the 2011 Oregon Sport Fishing Regulations, remain in effect.

(5) The lower Umatilla River, from the Highway 730 Bridge upstream to Three Mile Dam, is open to angling for and retention of adipose fin-clipped spring Chinook salmon effective at 12:01 a.m. Monday, June 13 through 11:59 p.m. Thursday, June 30, 2011.

(a) The bag limit is two (2) adult fin-clipped spring Chinook salmon and five (5) jacks per day; ten (10) adult fin-clipped Chinook salmon may be kept per year.

(b) All other General, Statewide and Northeast Zone Regulations, as provided in the 2011 Oregon Sport Fishing Regulations, remain in effect.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183.325, 496.138 & 496.146

Stats. Implemented: ORS 496.162

Rule Caption: 2011 Columbia River Summer Recreational Fisheries Implemented.

Adm. Order No.: DFW 65-2011(Temp)

Filed with Sec. of State: 6-14-2011

Certified to be Effective: 6-16-11 thru 7-31-11

Notice Publication Date:

Rules Amended: 635-023-0128

Subject: This amended rule implements the summer recreational salmon fishing seasons in the Columbia River. Modifications to regulations for 2011 conform to recent regulation changes developed through the Pacific Fishery Management Council/North of Falcon Process. Housekeeping and technical corrections to the regulations were made to ensure rule consistency.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-023-0128

Summer Sport Fishery

(2) Notwithstanding all other specifications and restrictions in the 2011 Oregon Sport Fishing Regulations:

(a) Effective June 16 through July 31 the mainstem Columbia River is open to the retention of adipose fin-clipped jack Chinook, adipose fin-clipped adult Chinook and sockeye salmon from the Astoria-Megler Bridge upstream to the Oregon/Washington border.

(b) The combined daily bag limit for adult salmon and steelhead is two fish. Only adipose fin-clipped Chinook and steelhead may be retained. Sockeye salmon count towards the adult limit regardless of size.

(c) All non-adipose fin-clipped Chinook salmon and non-adipose fin-clipped steelhead must be released immediately unharmed.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.138, 496.146 & 506.119

Stats. Implemented: ORS 496.162 & 506.129

Hist.: DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 52-2005(Temp), f. 6-3-05, cert. ef. 6-16-05 thru 7-31-05; DFW 64-2005(Temp), f. 6-30-05, cert. ef. 7-1-05 thru 7-31-05; Administrative correction 8-17-05; DFW 26-2006(Temp), f. 4-20-06, cert. ef. 5-1-06 thru 10-27-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 24-2007, f. 4-16-07, cert. ef. 5-1-07; DFW 51-2007(Temp), f. 6-29-07, cert. ef. 7-2-07 thru 7-31-07; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 36-2008, f. 4-21-08, cert. ef. 5-1-08; DFW 61-2008(Temp), f. 6-13-08, cert. ef. 6-16-08 thru 7-31-08; DFW 68-2008(Temp), f. 6-20-08, cert. ef. 6-21-08 thru 8-31-08; DFW 71-2008(Temp), f. 6-27-08, cert. ef. 6-28-08 thru 8-31-08; Administrative correction 9-29-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 52-2009, f. & cert. ef. 5-18-09; DFW 69-2009(Temp), f. 6-11-09, cert. ef. 6-16-09 thru 7-31-09; Administrative correction 8-21-09; DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10; DFW 77-2010, f. 6-8-10, cert. ef. 6-16-10; DFW 88-2010(Temp), f. 6-25-10, cert. ef. 6-26-10 thru 7-31-10; Administrative correction 8-18-10; DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11; DFW 65-2011(Temp), f. 6-14-11, cert. ef. 6-16-11 thru 7-31-11

Rule Caption: Columbia River Treaty Indian Spring Commercial Salmon Seasons Modified.

Adm. Order No.: DFW 66-2011(Temp)

Filed with Sec. of State: 6-14-2011

Certified to be Effective: 6-16-11 thru 10-31-11

Notice Publication Date:

Rules Amended: 635-041-0045, 635-041-0076

Rules Suspended: 635-041-0045(T), 635-041-0076(T)

Subject: Rule modifications set two gill net fishing periods in Zone 6 of the Columbia River and allow the sales of fish caught during those periods. Rule modifications were made to the Treaty Indian fisheries downstream of Bonneville Dam, under individual tribal Memorandums of Agreement, effective June 16 until further notice. Revisions are consistent with action taken June 9, 2011 by the Columbia River Compact agencies of Oregon and Washington in cooperation with the Columbia River Treaty Tribes.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-041-0045

Closed Commercial Fishing Areas

Unless otherwise specified in this rule and OAR 635-041-0063, the following waters are closed to commercial fishing:

(1) All Oregon tributaries of the Columbia River.

(2) The Columbia River westerly and downstream of the Bridge of the Gods except:

(a) Fisheries conducted by the Yakama, Warm Springs, Umatilla and Nez Perce tribes downstream of Bonneville Dam (bank fishing only) under provisions of the agreements with the states of Oregon and Washington are open from 6:00 a.m. through 8:00 p.m. each day on Monday June 6, Tuesday June 7 and Wednesday June 8; and from 6:00 a.m. Thursday June 9 through midnight Wednesday June 15. The fisheries will reopen at 6:00 a.m. Thursday, June 16, 2011 and continue until further notice.

(B) Gear is restricted to subsistence fishing gear which includes hoopnets, dipnets, spears, gaffs, clubs, fouling hooks and rod and reel with hook-and-line. During the period June 6 through June 15, 2011, gear is restricted to hook-and-line only with a limit of one fishing pole per fisher. Beginning at 6:00 a.m. Thursday, June 16, 2011 gear is restricted to hook-and-line or as defined by each tribe’s MOU/MOA until further notice.

(C) Salmon, steelhead, walleye, shad, carp, bass, catfish, and yellow perch landed during an open treaty commercial fishing period may be sold at any time.

(3) The Columbia River easterly and upstream of a line extending at a right angle across the thread of the river from a deadline marker one mile downstream of McNary Dam.

(12) Herman Creek upstream from a line between deadline markers near the mouth. One marker is located on the east bank piling and the other is located on the west bank to the north of the boat ramp.

Stat. Auth.: ORS 183.325, 506.109 & 506.119

Stats. Implemented: ORS 506.129 & 507.030

635-041-0076

Spring Salmon Season

(1) Commercial sales of platform and hook-and-line caught fish from Zone 6 of the mainstem Columbia River are allowed beginning 6:00 p.m. Tuesday, May 10, 2011 until further notice.

(a) Chinook, steelhead, sockeye, coho, walleye, shad, carp, bass, catfish and yellow perch landed during an open commercial fishing period may be sold at any time or retained for subsistence purposes. Sturgeon may not be sold or retained. However, white sturgeon between 43 and 54 inches in fork length taken from The Dalles and John Day pools and white sturgeon between 38 and 54 inches in fork length taken from the Bonneville Pool may be kept for subsistence use.

(b) Gear is restricted to subsistence fishing gear: hoopnets, dipnets and rod and reel with hook-and-line are allowed.

(c) Closed areas in Zone 6, except the Spring Creek sanctuary, are as set forth in OAR 635-041-0045 and remain in effect.

(2) Commercial sales of gill net caught fish from Zone 6 of the mainstem Columbia River is allowed beginning 6:00 a.m. Thursday, June 16 through 6:00 p.m. Saturday, June 18, 2011 (2.5 days); and from 6:00 a.m. Monday, June 20 through 6:00 p.m. Thursday, June 23, 2011 (3.5 days).

(a) Salmon, steelhead, shad, yellow perch, bass, walleye, catfish and carp landed during any open gill net fishing period may be sold at any time or retained for subsistence purposes. Sturgeon may not be sold. However, white sturgeon between 43 and 54 inches in fork length taken from The Dalles and John Day pools and white sturgeon between 38 and 54 inches in fork length taken from the Bonneville Pool may be kept for subsistence purposes.

(b) Gear is restricted to gill nets. No minimum mesh size restriction is in effect.

(c) Closed areas in Zone 6, except the Spring Creek sanctuary, are as set forth in OAR 635-041-0045 and remain in effect.

(3) Sales of fish caught in Yakama Nation tributary fisheries in the Klickitat River; Wind River; Drano Lake; and Big White Salmon River are allowed during those days and hours when the tributaries are open under lawfully enacted tribal fishing periods and concurrent with periods when sales from Zone 6 platform and hook-and-line fisheries are allowed.

Stat. Auth.: ORS 496.118 & 506.119

Stats. Implemented: ORS 506.109, 506.129 & 507.030

Hist.: DFW 5-2006, f. & cert. ef. 2-15-06; DFW 39-2006(Temp), f. & cert. ef. 6-8-06 thru 7-31-06; DFW 46-2006(Temp), f. & cert. ef. 6-20-06 thru 7-31-06; DFW 49-2006(Temp), f. 6-26-06, cert. ef. 6-27-06 thru 7-31-06; DFW 56-2006(Temp), f. 6-30-06, cert. ef. 7-3-06 thru 7-31-06; DFW 58-2006(Temp), f. 7-6-06, cert. ef. 7-10-06 thru 7-31-06; Administrative correction 8-22-06; DFW 46-2007(Temp), f. 6-15-07, cert. ef. 6-16-07 thru 9-13-07; DFW 49-2007(Temp), f. 6-22-07, cert. ef. 6-26-07 thru 9-13-07; DFW 53-2007(Temp), f. & cert. ef. 7-6-07 thru 7-31-07; Administrative correction 9-16-07; DFW 45-2008(Temp), f. 5-2-08, cert. ef. 5-5-08 thru 7-31-08; DFW 47-2008(Temp), f. 5-9-08, cert. ef. 5-11-08 thru 7-31-08; DFW 62-2008(Temp), f. 6-13-08, cert. ef. 6-16-08 thru 8-31-08; DFW 68-2008(Temp), f. 6-20-08, cert. ef. 6-21-08 thru 8-31-08; DFW 71-2008(Temp), f. 6-27-08, cert. ef. 6-28-08 thru 8-31-08; DFW 80-2008(Temp), f. & cert. ef. 7-10-08 thru 8-31-08; DFW 87-2008(Temp), f. & cert. ef. 7-25-08 thru 8-31-08; DFW 94-2008(Temp), f. & cert. ef. 8-14-08 thru 9-30-08; Administrative correction 10-21-08; DFW 50-2009(Temp), f. 5-14-09, cert. ef. 5-16-09 thru 7-31-09; DFW 56-2009(Temp), f. 5-26-09, cert. ef. 5-27-09 thru 7-31-09; DFW 71-2009(Temp), f. 6-15-09, cert. ef. 6-16-09 thru 7-31-09; DFW 76-2009(Temp), f. 6-26-09, cert. ef. 6-30-09 thru 7-31-09; DFW 82-2009(Temp), f. 7-6-09, cert. ef. 7-8-09 thru 7-31-09; DFW 84-2009(Temp), f. 7-13-09, cert. ef. 7-15-09 thru 7-31-09; Administrative correction 8-21-09; DFW 48-2010(Temp), f. 4-26-10, cert. ef. 4-27-10 thru 7-31-10; DFW 51-2010(Temp), f. & cert. ef. 4-29-10 thru 7-31-10; DFW 56-2010(Temp), f. 5-10-10, cert. ef. 5-11-10 thru 7-31-10; DFW 68-2010(Temp), f. 5-18-10, cert. ef. 5-19-10 thru 7-31-10; DFW 71-2010(Temp), f. 5-19-10, cert. ef. 5-21-10 thru 6-16-10; DFW 74-2010(Temp), f. & cert. ef. 6-2-10 thru 7-31-10; DFW 80-2010(Temp), f. 6-14-10, cert. ef. 6-16-10 thru 7-31-10; DFW 87-2010(Temp), f. 6-25-10, cert. ef. 6-29-10 thru 7-31-10; DFW 97-2010(Temp), f. 7-8-10, cert. ef. 7-13-10 thru 7-31-10; DFW 101-2010(Temp), f. 7-19-10, cert. ef. 7-20-10 thru 7-31-10; DFW 105-2010(Temp), f. 7-23-10, cert. ef. 7-26-10 thru 7-31-10; Administrative correction 8-18-10; DFW 43-2011(Temp), f. & cert. ef. 5-10-11 thru 10-31-11; DFW 66-2011(Temp), f. 6-14-11, cert. ef. 6-16-11 thru 10-31-11

Rule Caption: Implementation of Columbia River Summer Chinook Commercial Gillnet Fishery.

Adm. Order No.: DFW 67-2011(Temp)

Filed with Sec. of State: 6-14-2011

Certified to be Effective: 6-16-11 thru 7-31-11

Notice Publication Date:

Rules Amended: 635-042-0027

Rules Suspended: 635-042-0027(T)

Subject: This amended rule implements the summer Chinook salmon commercial gillnet fishery in the Columbia River mainstem consistent with provisions of the US v Oregon management agreement. Modifications allows two 8-hour non-Indian commercial summer Chinook fishing periods in the mainstem Columbia River beginning at 9:00 p.m. Thursday, June 16 through 5:00 a.m. Friday, June 17 and from 9:00 p.m. Wednesday June 22 through 5:00 a.m. Thursday June 23, 2011. Fishing is authorized in all of Zones 1 through 5. Implementation is consistent with action taken June 9, 2011 by the Columbia River Compact agencies of Oregon and Washington.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-042-0027

Summer Salmon Season

(1) Chinook and sockeye salmon, white sturgeon and shad may be taken by drift gill net for commercial purposes in Zones 1 thru 5. Open fishing periods in this area are:

(a) 9:00 p.m. Thursday, June 16 to 5:00 a.m. Friday, June 17, 2011 (8 hours); and

(b) 9:00 p.m. Wednesday, June 22 to 5:00 a.m. Thursday, June 23, 2011 (8 hours).

(2) It is unlawful to use a gill net having a mesh size less than 8 inches. Nets not specifically authorized for use in this fishery may be onboard the vessel if poperly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater.

(3) A maximum of five white sturgeon may be possessed or sold by each participating vessel during each calendar week (Sunday through Saturday) that the fishery is open.

(4) Allowable sales include Chinook and sockeye salmon, white sturgeon and shad. All steelhead must be released immediately.

(5) Closed waters, as described in OAR 635-042-0005 for Grays River, Elokomin-A, Cowlitz River, Kalama A, Lewis A, Washougal River and Sandy River sanctuaries are in effect during open fishing periods as applicable.

Stat. Auth.: ORS 496.118, 506.109 & 506.129

Stats. Implemented: ORS 506.119 & 507.030

Hist.: DFW 5-2006, f. & cert. ef. 2-15-06; DFW 47-2006(Temp), f. 6-20-06, cert. ef. 6-26-06 thru 7-31-06; DFW 51-2006(Temp), f. & cert. ef. 6-29-06 thru 7-31-06; DFW 57-2006(Temp), f. 7-5-06, cert. ef. 7-6-06 thru 7-31-06; DFW 63-2006(Temp), f. 7-14-2006, cert. ef. 7-16-06 thru 7-31-06; DFW 68-2006(Temp), f. 7-28-06, cert. ef. 7-30-06 thru 7-31-06; Administrative correction 8-22-06; DFW 45-2007(Temp), f. 6-15-07, cert. ef. 6-25-07 thru 7-31-07; DFW 52-2007(Temp), f. & cert. ef. 7-6-07 thru 7-31-07; DFW 63-2008(Temp), f. 6-13-08, cert. ef. 6-24-08 thru 7-31-08; DFW 68-2008(Temp), f. 6-20-08, cert. ef. 6-21-08 thru 8-31-08; DFW 75-2008(Temp), f. 7-3-08, cert. ef. 7-7-08 thru 7-31-08; Administrative correction 8-21-08; DFW 72-2009(Temp), f. 6-15-09, cert. ef. 6-18-09 thru 7-31-09; Administrative correction 8-21-09; DFW 81-2010(Temp), f. 6-14-10, cert. ef. 6-17-10 thru 7-31-10; Administrative correction 8-18-10; DFW 67-2011(Temp), f. 6-14-11, cert. ef. 6-16-11 thru 7-31-11

Rule Caption: Adoption of rules relating to the naming of the Tami Wagner Wildlife Area.

Adm. Order No.: DFW 68-2011

Filed with Sec. of State: 6-15-2011

Certified to be Effective: 7-1-11

Notice Publication Date: 5-1-2011

Rules Adopted: 635-008-0163

Subject: Amend rules to adopt a formal name, Tami Wagner Wildlife Area, for ODFW property located along the Yachats River.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-008-0163

Tami Wagner Wildlife Area

The Tami Wagner Wildlife Area is open for wildlife-oriented public use.

Stat. Auth.: 496.012, 496.138, 496.146, & 496.162

Stats. Implemented: 4961.012, 496.138, 496.146, & 496.162

Hist.: DFW 68-2011, f. 6-15-11, cert. ef. 7-1-11

Rule Caption: Amend Rules Governing the Rehabilitation of Wildlife.

Adm. Order No.: DFW 69-2011

Filed with Sec. of State: 6-15-2011

Certified to be Effective: 7-1-11

Notice Publication Date: 5-1-2011

Rules Adopted: 635-044-0240, 635-044-0245, 635-044-0250, 635-044-0255, 635-044-0280, 635-044-0300, 635-044-0305, 635-044-0310

Rules Amended: 635-044-0200, 635-044-0205, 635-044-0210, 635-044-0215, 635-056-0050, 635-056-0060, 635-056-0070

Rules Repealed: 635-044-0220, 635-044-0225, 635-044-0230, 635-044-0235

Subject: Review, update and amend rules relating to wildlife rehabilitation. Specific rule changes include, but are not limited to: definition of terms, requirements and conditions’ restricted species,; department notification; disposition of wildlife; Federal Rehabilitation Permit; facility requirements; record keeping and reporting requirements; and cancellation or non-renewal of permit.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-044-0200

Purpose of the Wildlife Rehabilitation Permit

Any person desiring to hold any bird, mammal, amphibian or reptile for the purpose of wildlife rehabilitation shall first obtain a Wildlife Rehabilitation Permit from the Department of Fish and Wildlife. The permittee may capture, transport, temporarily possess, rehabilitate, and (with permission from the local Department district wildlife biologist) release such wildlife. The permittee may euthanize wildlife that are injured, ill, orphaned, restricted, or otherwise not authorized, if that wildlife is specified on the permit. The Wildlife Rehabilitation Permit does not allow the possession of wildlife for public display.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Hist.: FWC 7-1983, f. & ef. 2-3-83; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04; DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11

635-044-0205

Definition of Terms

(1) “Assistant” means someone who conducts wildlife rehabilitation activities in a wildlife rehabilitation facility under the direct supervision of the permittee.

(2) “AZA” means the American Zoo and Aquarium Association.

(3) “Candidate” means an animal species for which the USFWS has on file sufficient information on biological vulnerability and threats to support a proposal to list as endangered or threatened.

(4) “Department” means Oregon Department of Fish and Wildlife.

(5) “DVM” means Oregon licensed Doctor of Veterinary Medicine.

(6) “Endangered species” means those species defined in ORS 496.004(6).

(7) “Euthanasia” means to humanely kill an animal as per the 2006 American Association of Zoo Veterinarians Guidelines for Euthanasia of Nondomestic Animals.

(8) “Home Care” means the facility used by the subpermittee for the care and feeding of neonate avian species (or other species as approved in writing by the local department district wildlife biologist) under the guidance and at the request of the permittee.

(9) “Marine mammals” means seals, sea lions, sea otters, and cetaceans (e.g., whales and porpoises).

(10) “Migratory bird” means any bird, whatever its origin and whether or not raised in captivity, which belongs to a species listed in U.S. 50CFR§10.13, including any part, nest, or egg of any such bird. Birds listed under OAR 635-057-0000 are not included.

(11) “NMFS” means National Marine Fisheries Service.

(12) “Non-releasable” means:

(a) Individual wildlife that cannot be rehabilitated and returned to the wild with a reasonable potential for survival;

(b) Those species classified as prohibited by OAR 635 Division 056; or

(c) Those species classified as controlled by OAR 635 Division 56 under rules that do not allow release into the wild (OAR 635-056-0070).

(13) “Permittee” means the person who holds a valid Wildlife Rehabilitation Permit issued by the Department.

(14) “Public display” means to place or locate wildlife so that it may be viewed by the public.

(15) “Rehabilitation” means the attempted or successful restoration of an injured, sick or immature bird, mammal, amphibian or reptile to a condition whereby it can be returned to the wild.

(16) “Sensitive species” means those wildlife species, subspecies, or populations that are facing one or more threats to their populations, habitat quantity or habitat quality or that are subject to a decline in number of sufficient magnitude such that they may become eligible for listing on the state Threatened and Endangered Species List.

(17) “Subpermittee” means those persons listed on a wildlife rehabilitation permit as authorized to perform wildlife rehabilitation activities under the supervision (direct or indirect) of a licensed wildlife rehabilitator. Subpermittees may include, but are not limited to, veterinarians, falconers, or others assisting the permittee with the rehabilitation of wildlife specifically allowed on the permit.

(18) “Threatened species” means those species defined in ORS 496.004(15).

(19) “USFWS” means U.S. Fish and Wildlife Service.

(20) For the purpose of these rules, “wildlife” means wild mammals and wild birds, as defined by OAR 635-057-0000, amphibians, reptiles and fish.

(21) “Wildlife rehabilitation facility” means the primary location where a licensed wildlife rehabilitator conducts rehabilitation.

Stat. Auth.: ORS 496

Stats. Implemented: ORS 496

Hist.: FWC 7-1983, f. & ef. 2-3-83; DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11

635-044-0210

Wildlife Rehabilitation Permit Requirements and Conditions

(1) A Wildlife Rehabilitation Permit may only be issued to a person who:

(a) Resides in Oregon or whose rehabilitation activities occur or facility (or facilities) exist within the state;

(b) Is at least 18 years of age at the time of the examination;

(d) Possesses either a valid Oregon DVM license or a letter from an Oregon licensed DVM agreeing to act as a medical supervisor and consultant to the person;

(e) Has passed the wildlife rehabilitation examination administered by the Department with a score of 80 percent or higher on the general section of the test and each relevant section of interest. Any applicant who fails to pass an examination may retake the examination no earlier than 14 days from the date of the prior examination;

(f) Has been approved by the local Department district wildlife biologist or other local Department representative as meeting a need for rehabilitation services in the area and having a good reputation for care of wildlife;

(g) Has a rehabilitation facility, or plan for such facility, approved by the local Department district wildlife biologist or other local Department representative as meeting all requirements of these rules;

(h) (Upon permit renewal) documents compliance with the Department’s Rehabilitation Continuing Education Standards.

(2) Subpermittees may perform wildlife rehabilitation activities under the supervision (direct or indirect) of a licensed wildlife rehabilitator subject to the following conditions:

(a) The permittee must inspect the facilities of the subpermittee prior to the sub-permittee receiving wildlife;

(b) The permittee must provide the subpermittee any written information, caging, food, veterinary treatment and any other assistance the permittee deems necessary for the care of wildlife in the subpermittee’s possession. The permittee must provide information concerning such assistance to the local Department district biologist upon request;

(c) The subpermittee must follow the written protocol, described in paragraph b, provided by the permittee and approved by the Department;

(d) The subpermittee must be approved by the local Department district wildlife biologist before receiving wildlife. The name, address, and phone number of the subpermittee must be provided to the Department;

(e) All wildlife must be admitted through the permittee’s licensed facility, the subpermittee must not accept any wildlife from any other source;

(f) The permittee must accept responsibility for the activities of the subpermittee;

(g) The subpermittee must reside and conduct rehabilitation activities within Oregon;

(h) The subpermittee shall not perform any rehabilitation activities at their Home Care facility except for the care and feeding of neonate avian species or other wildlife species as approved in writing by the local Department district wildlife biologist.

(3) Veterinarians administering immediate medical care for injured wildlife are not required to have a Wildlife Rehabilitation Permit or submit a semi-annual report. Veterinarians that provide care or hold wildlife longer than 48-hours are required to pass the wildlife rehabilitation examination and possess a Wildlife Rehabilitation Permit.

(4) The Department reserves the right to deny issuance of a Wildlife Rehabilitation Permit, disapprove a subpermittee(s) and to impose special permit conditions (e.g., number of species, types of species, subpermittees, etc.) if the applicant or subpermittee is convicted of, or admits to, a violation of a wildlife law or rule or an order or permit issued under the wildlife laws.

(5) At least one member of a wildlife rehabilitation facility’s staff must possess a Wildlife Rehabilitation Permit to provide direct on-site supervision to non-permitted staff and volunteers.

(6) Wildlife Rehabilitation Permits are issued free of charge and expire no more than two years from date of issue.

(7) A Wildlife Rehabilitation Permit does not exempt the wildlife rehabilitator from complying with other state, federal, county, and city laws and regulations.

(8) A Wildlife Rehabilitation Permit does not authorize the practice of veterinary medicine or the treatment of domestic animals.

(9) Permits must be carried on the person or displayed in the facility while performing rehabilitation activities.

(10) The Department is not liable for any injuries or damage caused by wildlife held under the authority of a Wildlife Rehabilitation Permit.

(11) The Department is not liable for any injuries or damage caused by wildlife to the subpermittees or general public capturing and/or transporting wildlife for rehabilitation purposes.

Stat. Auth.: ORS 496

Stats. Implemented: ORS 496

Hist.: FWC 7-1983, f. & ef. 2-3-83; DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11

635-044-0215

Federal Rehabilitation Permit

In addition to an Oregon Wildlife Rehabilitation Permit, persons possessing this permit must also obtain a federal permit for species protected by federal law and provide a copy of the current valid federal permit to the Department.

Stat. Auth.: ORS 496

Stats. Implemented: ORS 496

Hist.: FWC 7-1983, f. & ef. 2-3-83; DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11

635-044-0240

Restricted Species

The following categories of wildlife may not be rehabilitated and released under these rules:

(1) Nonnative wildlife classified as prohibited or noncontrolled per the wildlife integrity rules (OAR 635-056-0050 & 0060) or classified as controlled and specifically not allowed to be released in the wild (OAR 635-056-0070) shall not be rehabilitated or released into the wild. If these species come into the possession of a permitted rehabilitator, the rehabilitator must humanely euthanize the wildlife. Nonnative wildlife listed as game animals in OAR 635 Division 045 are not effected by these rules.

(2) Marine mammals (unless specifically authorized by the Department and NMFS).

(3) Coyote ( Canis latrans).

(4) Cougar (Felis concolor). If a permitted rehabilitator is provided with a cougar, the rehabilitator must notify the Department immediately and follow the Department’s directions concerning disposal.

(5) Black bear (Ursus americanus). If a permitted rehabilitator is provided with a black bear, the rehabilitator must notify the Department immediately and follow the Department’s directions concerning disposal.

(6) If a permitted rehabilitator is provided with a deer (Odocoileus hemionus and 0. virginianus), elk (Cervus elaphus), pronghorn (Antilocapra americana), bighorn sheep (Ovis canadensis), or mountain goat (Oreamnos americanus) and the animal is older than young-of-the-year, the rehabilitator must humanely euthanize the animal unless otherwise authorized in writing by local Department district wildlife biologist. The rehabilitator may rehabilitate young-of-the-year deer, elk, pronghorn, bighorn sheep, and mountain goats but only in Department pre-approved facilities and in accordance with Department guidelines. The rehabilitator must notify the local Department district wildlife biologist as soon as possible (no later than 24 hours of admittance of any of these species). These species may be housed for up to 48 hours while in the process of locating and sending the animal to a pre-approved facility.

(7) Raccoon (Procyon lotor) must be released back to the original location of capture or humanely euthanized, unless otherwise authorized in writing by the local Department district wildlife biologist.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222, 498.242

Hist.: DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11

635-044-0245

Department Notification

(1) State and federal Endangered, Threatened, Candidate or Sensitive species:

(a) The holder of a Wildlife Rehabilitation Permit (permittee) must notify a local Department district wildlife biologist within 24 hours of receiving an individual of a state or federally Endangered, Threatened, Candidate or Sensitive species;

(b) The permittee must notify a local Department wildlife biologist within 24 hours of the death of an individual of a state or federally Endangered, Threatened, Candidate or Sensitive species in the permittee’s custody or as soon as the permittee determines that an individual of an Endangered, Threatened, Candidate or Sensitive species is not fit to be released into the wild;

(c) A permittee may (at the permittee’s discretion) euthanize an individual of an Endangered, Threatened, Candidate or Sensitive species if the permittee determines that the individual is not fit to be released into the wild, but must then report the euthanasia to a local Department wildlife biologist within 24 hours.

(2) Wildlife Crimes. A permittee must notify the Oregon State Police immediately of any wildlife admitted with gunshot wounds or other injuries of a suspicious nature.

(3) Diseased Wildlife. A permittee must notify the Department veterinarian within 24 hours of admitting any wildlife with clinical signs for known or suspected poisoning or infectious disease. Clinical signs involving poisoning or infectious disease may include, but are not limited to, lethargy, incoordination, ataxia, depression, regurgitation, vomiting, or diarrhea.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222, 498.242

Hist.: DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11

635-044-0250

Wildlife Importation for Rehabilitation Purposes

(1) No person may transport any mammal, upland game bird, amphibian, reptile, fish, invertebrate, or prohibited or controlled species into Oregon for the purpose of rehabilitation. This is to prevent the import of sub-clinical stages of infectious disease carried by these taxa of wildlife and the importation of non-native invasive species.

(2) Importation of injured wildlife into Oregon for rehabilitation purposes is limited to migratory bird species. Importation of migratory birds into Oregon for rehabilitation requires compliance with the Oregon Department of Agriculture’s importation rules.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222, 498.242

Hist.: DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11

635-044-0255

Disposition of Wildlife

(1) Any wildlife, carcasses, or parts of wildlife from Oregon held under a Wildlife Rehabilitation Permit remain the property of the State of Oregon (through the Department) and nothing in these rules may be construed as granting any ownership interest to a wildlife rehabilitator or any other person. Wildlife held under a Wildlife Rehabilitation Permit cannot be sold, traded, bartered, transferred, loaned or exchanged unless otherwise authorized in writing by the local Department district wildlife biologist.

(2) To avoid habituation of rehabilitated animals, a holder of a Wildlife Rehabilitation Permit must minimize contact between humans and wildlife undergoing rehabilitation, including at least the following requirements:

(a) Human contact must be limited to the rehabilitation facility staff to the extent necessary for adequate rehabilitation care;

(b) Wildlife must not be habituated to humans or treated as pets;

(d) Rehabilitation facilities must be located in areas separate from day to day human and domestic animal activity. Outdoor facilities must have visual barriers separating wildlife, humans and domestic animals;

(e) No permittee may possess an imprinted or habituated animal. If the permittee comes into possession of an imprinted or habituated animal, the permittee must either surrender the animal to the Department for placement in an approved facility or euthanize it, as directed by the Department.

(3) A permittee must release rehabilitated wildlife:

(a) When the wildlife reaches physical maturity and is capable of self maintenance or has attained adequate recovery from injury or illness;

(b) At a time of year appropriate for optimum species survivability;

(c) Within suitable habitat close to the point of origin, with prior approval from the local Department district wildlife biologist.

(4) Unless otherwise authorized by the local Department district wildlife biologist, a permittee may not hold wildlife for rehabilitation longer than 180 days. If a permittee or the Department determines that an individual is incapable of survival in the wild, the permittee must either euthanize the individual or (if directed by the Department) provide the individual to an AZA-accredited institution, educational organization or institution.

(5) If a permittee has possession of wildlife that, after medical attention, is unable to feed, move, or stand to conduct normal life support functions to survive in the wild, the permit must (unless otherwise directed by the Department ) euthanize the wildlife.

(6) A permittee must bury or incinerate any wildlife in its possession that has died due to poisoning or infectious disease. As to any other wildlife in its possession that dies, the permittee must dispose of the wildlife by burying, incineration, use as food for other rehabilitated wildlife, or (if appropriate permits have been obtained) retained for educational purposes. Any wildlife chemically euthanized must be buried or incinerated to avoid secondary toxicity by scavenging animals. Notwithstanding these restrictions, the local Department district wildlife biologist may approve in writing the disposal of wildlife carcasses to institutions, museums, licensed rendering facilities, or other persons possessing the appropriate permits. A permittee may retain feathers of migratory birds for use in repair of broken wing and tail feathers (imping) or for educational purposes if authorized by the appropriate permit from the U.S. Fish and Wildlife Service.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222, 498.242

Hist.: DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11

635-044-0280

Facility Requirements

(1) A holder of a Wildlife Rehabilitation Permit (and any subpermittee) must maintain wildlife held for rehabilitation in a humane manner by:

(a) Providing a level of care meeting the Minimum Standards set by The International Wildlife Rehabilitation Council/National Wildlife Rehabilitators Association (IWRC/NWRA) in 2000. This is to prevent distress from captivity, injury, sickness, neglect or disease and be used as guidelines for the care and housing of rehabilitated wildlife which, at the minimum, include but is not limited to the following;

(A) Appropriate food for each species and water of sufficient quantity and quality to allow for normal growth, healing, or maintenance of body weight shall be provided;

(B) Shelter sufficient to protect from adverse elements, protect from predators, to prevent escape, and injury. Any other requirement particular to the survival of the animal shall also be provided;

(C) Sufficient space for exercise necessary for the health, rehabilitation and eventual release of the animal shall be provided;

(D) Confinement areas shall be cleaned and kept free from excess food or fecal waste or other contaminants which could affect the health of the animal;

(E) Wildlife under rehabilitation will be maintained in a separate enclosure from regular human or domestic animal activity. Outdoor facilities must have visual barriers or adequate distance between wildlife and humans and domestic animals to prevent psychological and physical stress or habituation to caregivers;

(F) Wildlife may not be restrained with a chain, rope, tape, hobbles or similar holding devices except for jesses used for holding raptors and during procedures required for safe handling.

(2) The Wildlife Rehabilitation Permit holder may receive from the Department and possess at the wildlife rehabilitation facility dead wildlife for the purpose of feeding wildlife being rehabilitated.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222, 498.242

Hist.: DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11

635-044-0300

Facilities Subject to Inspection

Facilities for care of birds, mammals, amphibians, or reptiles by the holder of a Wildlife Rehabilitation Permit or by any subpermittee are subject to inspection by any Department of Fish and Wildlife employee or State Police officer. Inspection may take place without warrant or notice, but, unless prompted by emergency or other exigent circumstances, will be limited to regular and usual business hours, including weekends. Nothing in these rules is intended to authorize or allow the warrantless search or inspection of a wildlife rehabilitation or home care facility.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222, 498.242

Hist.: DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11

635-044-0305

Record Keeping and Reporting Requirements

(1) The holder of a Wildlife Rehabilitation Permit and any subpermitee must maintain records for at least three years of rehabilitation activities concerning any bird, mammal, amphibian, or reptile. Such records must include:

(a) Name, address and affiliation of person picking up and delivering wildlife for rehabilitation;

(b) Wildlife type

(A) Species (common name, genus and species)

(B) Age (if known)

(d) Wildlife Collection or Origin Location;

(e) Date of receipt of animal;

(f) If transferred to subpermittee, name of subpermittee; and

(g) Final disposition (release into wild, given to zoo, museum, euthanized, died, etc.), date and location.

(2) Each permittee must submit these rehabilitation records semi-annually, by July 31 and January 31, to the Department on a form provided by the Department.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222, 498.242

Hist.: DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11

635-044-0310

Cancellation or Non Renewal of Permit

(1) If a holder of Wildlife Rehabilitation Permit (or subpermittee) violates any requirement of these Wildlife Rehabilitation Permit rules, the Department will revoke (or decline to renew) the permit and confiscate any birds, mammals, amphibians and reptiles being held.

(2) If a permittee fails to receive and rehabilitate wildlife for greater than 180 consecutive days, the Department will revoke (or decline to renew) the permit. The Department will not revoke the permit if the permittee can provide proof of continuing education or continued work under a licensed wildlife rehabilitator during the time period. In addition, the Department will consider extenuating circumstances on a case by case basis if presented to the Department in writing within 10 days following notification of permit revocation. If the Department revokes or declines to renew a permit under this subsection, a permittee who seeks renewal of the permit must comply with all requirements and conditions in 635-044-0210 including, but not limited to, retaking the test and passing facility inspection.

(3) The Department will revoke or decline to renew a Wildlife Rehabilitation Permit if the permittee or subpermittee is convicted of, or admits to a violation of, any wildlife law, or any rule, order or permit issued under the wildlife laws. Upon revocation or non-renewal, the Department will confiscate any birds, mammals, amphibians and reptiles being held.

(4) A permittee may appeal revocation or non-renewal of a permit through a contested case hearing. The request for a contested case hearing on a proposed revocation must be received by the Department within 21 days after service of notice (90 days for emergency revocations). The request for hearing on a proposed non-renewal must be received by the Department within 60 days of notice. Final Orders in contested case hearings will be issued by the Director.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222, 498.242

Hist.: DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11

635-056-0050

Prohibited Species

(1) Except as otherwise provided in these rules or other rules of the commission, live wildlife listed below may not be imported, possessed, sold, purchased, exchanged or transported in the state:

(a) Prohibited Mammals: Common Name – Family – Genus/species:

(A) Order Artiodactyla:

(i) Sheep, Goats, Chamois, Tahr – Bovidae – Subfamily Caprinae; All species and hybrids except:

(I) Capra hircus;

(II) Ovis aries;

(III) hybrids of Ovis aries with O. a. orientalis; hybrids of O. aries with Ammotragus lervia; and hybrids of O. aries with Pseudois nayaur;

(ii) Wildebeest – Bovidae – Connochaetes All species and hybrids;

(iii) Central Asian gazelles – Bovidae – Procapra All species and hybrids;

(iv) Wild boar – Suidae – Sus scrofa (except Sus scrofa domesticus).

(B) Order Carnivora:

(i) Wild canids – Canidae – All native species. However, fox (Vulpes vulpes and Urocyon cinereoargenteus) are exempt from this prohibitition if when part of a commercial fur farming operation or for wildlife rehabilitation purposes by a licensed wildlife rehabilitator;

(ii) Mongooses – Herpestidae – All species and hybrids;

(iii) Civets and Genets – Viverridae – All species and hybrids (except Arctictis binturong).

(i) Bats – All families except Pteropodidae – All species and hybrids.

(D) Order Cingulata:

(i) Nine-banded armadillo – Dasypodidae – Dasypus novemcinctus.

(E) Order Dasyuromorphia:

(i) Broad-footed marsupial mice – Dasyuridae – Antechinus All species and hybrids;

(ii) Brush-tailed marsupial mice – Dasyuridae – Phascogale All species and hybrids;

(iii) Dunnant – Dasyuridae – Sminthopsis All species and hybrids.

(F) Order Didelphimorphia:

(i) Virginia opossum – Didelphidae – Didelphis virginiana.

(G) Order Diprotodontia:

(i) Common brushtail – Phalangeridae – Trichosurus vulpecula;

(ii) Common ringtail – Pseudocheiridae – Pseudocheirus peregrinus.

(H) Order Erinaceomorpha:

(i) Eurasian hedgehogs – Erinaceidae – Erinaceus europaeus, E. concolor, E. amurensis.

(I) Order Lagomorpha:

(i) Hares and Jackrabbits – Leporidae – Lepus All nonnative species and hybrids;

(ii) Cottontails – Leporidae – Sylvilagus All nonnative species and hybrids.

(J) Order Rodentia:

(i) Argentine Plains viscacha – Chinchillidae – Lagostomus maximus;

(ii) Chinese jumping mouse – Dipodidae – Eozapus setchuanus;

(iii) Desert jerboas – Dipodidae – Jaculus All species and hybrids;

(iv) Kangaroo rats – Heteromyidae – Dipodomys All nonnative species except D. deserti and D. spectabilis;

(v) Pale kangaroo mouse – Heteromyidae – Microdipodops pallidus;

(vi) Pocket mice – Heteromyidae – Perognathus All nonnative species and hybrids;

(vii) Capybara – Hydrochaeridae – Hydrochaeris hydrochaeris;

(viii) Old world porcupines – Hystricidae – Hystrix africaeaustralis, H. cristata, and H. indica;

(ix) Mouselike hamster – Muridae – Calomyscus All species and hybrids;

(x) Ratlike hamsters – Muridae – Cricetulus All species and hybrids;

(xi) Bushy-tailed jird – Muridae – Sekeetamys calurus;

(xii) Nutria (Coypu) – Myocastoridae – Myocastor coypus;

(xiii) Fat dormouse – Myoxidae – Glis glis;

(xiv) Hazel dormouse – Myoxidae – Muscardinus avellanarius;

(xv) Antelope ground squirrels – Sciuridae – Ammospermophilus All nonnative species and hybrids except A. harrisii;

(xvi) Tricolored squirrels – Sciuridae – Callosciurus All species and hybrids except C. prevostii;

(xvii) Prairie dogs – Sciuridae – Cynomys All species and hybrids;

(xviii) Southern flying squirrel – Sciuridae – Glaucomys volans;

(xix) Marmots – Sciuridae – Marmota All nonnative species and hybrids;

(xx) Giant flying squirrel – Sciuridae – Petaurista All species and hybrids;

(xxi) Eastern gray squirrel – Sciuridae – Sciurus carolinensis;

(xxii) Eastern fox squirrel – Sciuridae – Sciurus niger;

(xxiii) Eurasian red squirrel – Sciuridae – Sciurus vulgaris;

(xxiv) Ground squirrels – Sciuridae – Spermophilus All nonnative species and hybrids except S. adocetus, S. annulatus, S. atricapillus, S. madrensis, S. mexicanus, S. mohavensis, S. perotensis, and S. tereticaudus;

(xxv) Chipmunks – Sciuridae – Tamias All nonnative species and hybrids;

(xxvi) African ground squirrels – Sciuridae – Xerus All species and hybrids.

(b) Prohibited Birds: Common Name – Family – Genus/species:

(A) Order Anseriformes:

(i) Egyptian goose – Anatidae – Alopochen aegyptiaca.

(B) Order Charadriiformes:

(i) Spotted thick-knee – Burhinidae – Burhinus capensis.

(i) Malachite kingfisher – Alcedinidae – Alcedo cristata;

(ii) Laughing kookaburra – Alcedinidae – Dacelo novaeguineae.

(D) Order Passeriformes:

(i) Yellowhammer – Emberizidae – Emberiza citrinella;

(ii) European greenfinch – Fringillidae – Carduelis chloris;

(iii) Chaffinch – Fringillidae – Fringilla coelobs.

(A) Order Caudata:

(i) Tiger salamander – Ambystomatidae – Ambystoma tigrinum All nonnative sub-species;

(ii) Amphiumas – Amphiumidae – All species and hybrids;

(iii) Giant salamanders and Hellbenders – Cryptobranchidae – All species and hybrids;

(iv) American giant salamanders – Dicamptodontidae – All nonnative species and hybrids;

(v) Asian salamanders – Hynobiidae – Ranodon All species and hybrids;

(vi) Shovel-nosed salamander – Plethodontidae – Leurognathus marmoratus;

(vii) Waterdogs – Proteidae – Necturus All species and hybrids;

(viii) Firebelly newts – Salamandridae – Cynops All species and hybrids;

(ix) European Mountain or Brook salamanders – Salamandridae – Euproctus All species and hybrids;

(x) Caucasus or Spine-tailed salamanders – Salamandridae – Mertensiella All species and hybrids;

(xi) Red-spotted or Eastern newt – Salamandridae – Notophthalmus viridescens;

(xii) Chinese newts – Salamandridae – Pachytriton All species and hybrids;

(xiii) Warty newts – Salamandridae – Paramesotriton All species and hybrids;

(xiv) Ribbed newts – Salamandridae – Pleurodeles All species and hybrids;

(xv) Fire salamanders – Salamandridae – Salamandra All species and hybrids;

(xvi) Roughskin newts – Salamandridae – Taricha rivularis and T. torosa;

(xvii) Alpine newts – Salamandridae – Triturus All species and hybrids;

(xviii) Crocodile newts – Salamandridae – Tylotriton All species and hybrids;

(xix) Sirens – Sirenidae – All species and hybrids.

(B) Order Anura:

(i) Fire-bellied toads – Bombinatoridae – Bombina All species and hybrids;

(ii) True toads – Bufonidae – Bufo All nonnative species and hybrids except Bufo marinus;

(iii) Midwife toads – Discoglossidae – Alytes All species and hybrids;

(iv) Painted frogs – Discoglossidae – Discoglossus All species and hybrids;

(v) Cricket frog – Hylidae – Acris All species and hybrids;

(vi) European tree frog – Hylidae – Hyla arborea;

(vii) Cope’s gray tree frog – Hylidae – Hyla chrysoscelis;

(viii) Green tree frog – Hylidae – Hyla cinerea;

(ix) Mediterranean tree frog – Hylidae – Hyla meridionalis;

(x) Gray tree frog – Hylidae – Hyla versicolor;

(xi) Chorus frog – Hylidae – Pseudacris All nonnative species and hybrids;

(xii) Australian froglets – Myobatrachidae – Crinia All species and hybrids;

(xiii) Australian swamp frogs – Myobatrachidae – Limnodynastes All species and hybrids;

(xiv) Barred frogs – Myobatrachidae – Mixophyes All species and hybrids;

(xv) Spadefoot toads – Pelobatidae – All nonnative species and hybrids;

(xvi) African clawed frog – Pipidae – Xenopus All species and hybrids;

(xvii) African bull frog – Ranidae – Pyxicephalus All species and hybrids;

(xviii) Siberian frog – Ranidae – Rana altaica;

(xix) Khabarovsk frog – Ranidae – Rana amurensis;

(xx) Crawfish frog – Ranidae – Rana areolata;

(xxi) Swedish swamp frog – Ranidae – Rana arvalis;

(xxii) Asian frog – Ranidae – Rana asiatica;

(xxiii) Rio Grande leopard frog – Ranidae – Rana berlandieri;

(xxiv) Plains leopard frog – Ranidae – Rana blairi;

(xxv) Caucasus frog – Ranidae – Rana camerani;

(xxvi) Inkiapo frog – Ranidae – Rana chensinensis;

(xxvii) Toudaohe frog – Ranidae – Rana chevronta;

(xxviii) Green frog – Ranidae – Rana clamitans;

(xxix) Spring frog – Ranidae – Rana dalmatina;

(xxx) Dybowski’s frog – Ranidae – Rana dybowskii;

(xxxi) Stream frog – Ranidae – Rana graeca;

(xxxii) Pig frog – Ranidae – Rana grylio;

(xxxiii) River frog – Ranidae – Rana heckscheri;

(xxxiv) Turkish frog – Ranidae – Rana holtzi;

(xxxv) Iberian frog – Ranidae – Rana iberica;

(xxxvi) Agile frog – Ranidae – Rana japonica;

(xxxvii) Italian agile frog – Ranidae – Rana latastei;

(xxxviii) Kokarit or Taipa frog – Ranidae – Rana longicrus;

(xxxix) Brusa frog – Ranidae – Rana macrocnemis;

(xl) Nikko frog – Ranidae – Rana ornativentris;

(xli) Pickeral frog – Ranidae – Rana palustris;

(xlii) Mink frog – Ranidae – Rana septentrionalis;

(xliii) Wood frog – Ranidae – Rana sylvatica;

(xliv) Tago frog – Ranidae – Rana tagoe;

(xlv) European common frog – Ranidae – Rana temporaria;

(xlvi) Tsushima frog – Ranidae – Rana tsushimensis;

(xlvi) Carpenter frog – Ranidae – Rana virgatipes.

(d) Prohibited Reptiles: Common Name – Family – Genus/species:

(A) Order Testudines:

(i) Snapping turtle – Chelydridae – All species and hybrids;

(ii) Chinese pond turtle – Emydidae – Chinemys All species and hybrids;

(iii) Pond turtle – Emydidae – Clemmys All nonnative species;

(iv) Painted turtle – Emydidae – Chrysemys All nonnative sub-species;

(v) European pond turtle – Emydidae – Emys orbicularis;

(vi) Blanding’s turtle – Emydidae – Emydoidea blandingii;

(vii) Map turtle – Emydidae – Graptemys All species and hybrids;

(viii) Asian pond turtle – Emydidae – Mauremys All species and hybrids;

(ix) Pond slider – Emydidae – Pseudemys and Trachemys All species and hybrids;

(x) Common musk turtle – Kinosternidae – Kinosternon odoratum;

(xi) Common mud turtle – Kinosternidae – Kinosternon subrubrum;

(xii) North American soft shell – Trionychidae – Apalone All species and hybrids;

(xiii) African soft shell – Trionychidae – Trionyx triunguis.

(B) Order Squamata (Suborder Lacertilia):

(i) Slow worm – Anguidae – Anguis fragilis;

(ii) Sand lizard – Lacertidae – Lacerta agilis;

(iii) Jewelled lizard – Lacertidae – Lacerta lepida;

(iv) Iberian Mountain lizard – Lacertidae – Lacerta monticola;

(v) Meadow lizard – Lacertidae – Lacerta praticola;

(vi) Iberian Emerald lizard – Lacertidae – Lacerta schreiberi;

(vii) Balkan Emerald lizard – Lacertidae – Lacerta trilineata;

(viii) Emerald lizard – Lacertidae – Lacerta viridis;

(ix) Viviparous lizard – Lacertidae – Lacerta vivipara;

(x) Erhard’s Wall lizard – Lacertidae – Podarcis erhardi;

(xi) Iberian Wall lizard – Lacertidae – Podarcis hispanica;

(xii) Common Wall lizard – Lacertidae – Podarcis muralis;

(xiii) Crocodile lizard – Xenosauridae – Shinisaurus crocodilurus.

(i) Brown tree snake – Colubridae – Boiga irregularis;

(ii) Black-necked spitting cobra – Elapidae – Naja nigricollis;

(iii) Cape cobra – Elapidae – Naja nivea;

(iv) Copperheads and cottonmouths – Viperidae – Agkistrodon All species and hybrids;

(v) Puff adders – Viperidae – Bitis All species and hybrids except Bitis gabonica and B. nasicornis;

(vi) Lanceheads – Viperidae – Bothrops All species and hybrids;

(vii) Palm pit vipers – Viperidae – Bothriechis All species and hybrids;

(viii) Rattlesnakes – Viperidae – All nonnative species and hybrids except Crotalus aquilus, C. basiliscus, C. durissus, C. intermedius, C. polystictus, C. pusillus, C. tortugensis, C. triseriatus, C. unicolor, and C. vegrandis;

(ix) Mid-east vipers – Viperidae – Daboia All species and hybrids;

(x) Pygmy rattlesnake – Viperidae – Sistrurus catenatus;

(xi) Asian pit vipers – Viperidae – Trimeresurus All species and hybrids;

(xii) Wagler’s palm viper – Viperidae – Tropidolaemus wagleri;

(xiii) Sand vipers – Viperidae – Vipera All species and hybrids.

(e) Prohibited Fish: Common Name – Family – Genus/species:

(A) Order Amiiformes:

(i) Bowfin – Amiidae – Amia calva.

(B) Order Cypriniformes:

(i) Piranha or Caribe – Characidae subfamily Serrasalminae commonly known as caribe or piranha – All species and hybrids except carnivorous species of Pygocentrus, Serrasalmus or Pristobrycon pursuant to ORS 498.242;

(ii) Walking catfish (ORS 498.242) – Clariidae – All species and hybrids;

(iii) Oriental weatherfish – Cobitidae – Misgurnus anguillicaudatus;

(iv) Ide – Cyprinidae – Leuciscus idus;

(v) Rudd – Cyprinidae – Scardinius erythropthalmus.

(i) Gar – Lepisosteidae – All species and hybrids.

(D) Order Perciformes:

(i) Snakehead – Channidae – Channa All species and hybrids;

(ii) Round goby – Gobiidae – Neogobius melanostomus;

(iii) Ruffe – Percidae – Gymnocephalus cernuus;

(iv) Zander or Pike-perch – Percidae – Sander lucioperca.

(E) Order Salmoniformes:

(i) Pikes, Pickerel, Muskellunge – Esocidae – All species and hybrids.

(f) Prohibited Mollusks Common Name – Family – Genus/species:

(A) Order Bivalvia:

(i) Asian clam – Corbiculidae – All species;

(ii) Zebra mussel, Quagga mussel – Dreissenidae – All species.

(B) Order Neogastropoda:

(i) Japanese oyster drill – Muricidae – Ceratostoma inornatum.

(i) Chinese mystery snail – Viviparidae – Cipangopaludina chinensis

(ii) Japanese mystery snail – Viviparidae – Cipangopaludina japonica

(g) Prohibited Crustaceans Common Name – Family – Genus/species:

(A) Order Decapoda:

(i) Chinese mitten crab – Grapsidae – Eriocheir All species;

(ii) Blue crab – Portunidae – Callinectes sapidus;

(iii) Crayfish – Cambaridae – All species.

(2) The department may issue a permit for the importation, possession, sale, purchase, exchange or intrastate transportation of prohibited species and those species not yet classified if the department finds that the following standards have been met:

(a) The facility is constructed to minimize escape of prohibited species;

(b) There are adequate security and safety programs and procedures which minimize the possibility of escape;

(d) There are adequate procedures, equipment and trained staff to maximize capture of escaped animals;

(e) Adequate veterinary care is provided to identify and minimize the spread of diseases; and

(f) The applicant has a good reputation for care of animals and compliance with the wildlife laws.

(g) Using forms provided by the department, persons or entities may apply for a permit under subsection (2) as follows:

(A) Facilities accredited by the American Zoo and Aquarium Association (AZA). Because the department finds that the current AZA accreditation process holds these facilities to standards equivalent to those in subsection (2), AZA accreditation shall be evidence that the department’s standards for importation, possession, sale, purchase, exchange or intrastate transportation of prohibited species are met. To obtain a permit for these activities, AZA accredited facilities shall submit a completed application form and proof of accreditation.

(B) Universities and colleges. To obtain a permit, universities and colleges shall submit:

(i) A completed application form;

(ii) A written description of escape avoidance procedures and facilities; and

(iii) Identification of the time period(s) during which prohibited species will be held.

(C) Others. To apply for a permit, persons and entities other than universities, colleges and AZA accredited facilities shall submit:

(i) A completed application form; and

(ii) A completed Prohibited Species Questionnaire.

(h) Satisfactory facilities inspections may be required prior to issuance of any permit.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Hist.: FWC 69-1996, f. & cert. ef. 12-20-96; FWC 16-1997(Temp), f. & cert. ef. 3-13-97; FWC 41-1997(Temp), f. & cert. ef. 7-23-97; FWC 59-1997, f. & cert. ef. 9-3-97; FWC 59-1997, f. & cert. ef. 9-3-97; FWC 72-1997, f. & cert. ef. 12-29-97; DFW 21-1998, f. & cert. ef. 3-13-98; DFW 63-1998, f. & cert. ef. 8-10-98; DFW 96-1998, f. & cert. ef. 11-25-98; DFW 99-1998, f. & cert. ef. 12-22-98; DFW 94-1999, f. & cert ef. 12-23-99; DFW 79-2000, f. & cert. 12-22-00; DFW 116-2001, f. & cert. ef. 12-18-01; DFW 114-2008, f. & cert. ef. 9-19-08; DFW 15-2011, f. & cert. ef. 2-15-11; DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11

635-056-0060

Noncontrolled Species

Except as otherwise provided in these rules or other rules of the commission, wildlife listed below may be imported, possessed, sold, purchased, exchanged or transported in the state without a permit:

(1) Noncontrolled Mammals: Common Name – Family – Genus/species:

(a) Order Artiodactyla:

(A) Antelope and buffalo – Bovidae – All species except subfamily Caprinae and Procapra species;

(B) Giraffe and okapi – Giraffidae – All species;

(D) Hippopotamus – Hippopotamidae – Hippopotamus amphibius;

(E) Peccary – Tayassuidae – All species;

(F) Chevrotains – Tragulidae – All species.

(b) Order Carnivora:

(A) Aardwolf – Hyaenidae – Proteles cristatus;

(B) Seals and sea lions – Otariidae – All nonnative species.

(C)Red/Lesser Panda – Procyonidae – Ailurus fulgens;

(D) Olingos – Procyonidae – Bassaricyon All species;

(E) Coatimundis – Procyonidae – Nasua All species;

(F) Kinkajou – Procyonidae – Potos flavus;

(G) Binturong – Viverridae – Arctictis binturong.

(d) Order Chiroptera:

(A) Old World fruit bats – Pteropodidae – All species.

(e) Order Dasyuromorphia:

(A) Numbat – Myrmecobiidae – Myrmecobius fasciatus.

(f) Order Dermoptera:

(A) Flying lemurs or colugos – Cynocephalidae – All species.

(g) Order Didelphimorphia:

(A) Short-tailed opossums – Didelphinae – Monodelphis All species.

(h) Order Diprotodontia:

(A) Feathertail glider – Acrobatidae – Acrobates pygmaeus;

(B) Kangaroos and wallabies – Macropodidae – All species;

(D) Sugar glider – Petauridae – Petaurus breviceps;

(E) Cuscuses – Phalangeridae – Phalanger All species.

(i) Order Erinaceomorpha:

(A) Four-toed hedgehog – Erinaceidae – Atelerix albiventris.

(j) Order Hyracoidea:

(A) Hyraxes – Procaviidae – All species.

(k) Order Monotremata:

(A) Echidnas – Tachyglossidae – All species.

(l) Order Peramelemorphia:

A) Dry country bandicoots – Peramelidae – All species except Isoodon obesulus, Perameles gunnii, and P. nasuta;

(B) Rainforest bandicoots – Peramelidae – All species.

(m) Order Perissodactyla:

(A) Zebra and Asses— Equidae – Equus All species;

(B) Rhinoceros – Rhinocerotidae – All species;

(n) Order Pholidota:

(A) Pangolins – Manidae – All species.

(o) Order Pilosa:

(A) Three-toed tree sloths – Bradypodidae – All species;

(B) Two-toed tree sloths – Megalonychidae – All species;

(p) Order Proboscidea:

(A) Elephants – Elephantidae – All species.

(q) Order Rodentia:

(A) Scaly—tailed squirrels – Anomaluridae – All species;

(B) Hutias – Capromyidae – All species;

(D) Mountain viscachas – Chinchillidae – Lagidium All species;

(E) Dwarf hamsters – Cricetidae – Phodopus All species

(F) Paca – Cuniculidae – Cuniculus paca;

(G) Agoutis – Dasyproctidae – Dasyprocta All species;

(H) Acouchis – Dasyproctidae – Myoprocta All species;

(I) Pacarana – Dinomyidae – Dinomys branickii;

(J) Prehensile-tailed Porcupines – Erethizontidae – Coendou All species;

(K) Kangaroo Rats – Heteromyidae – Dipodomys deserti and D. spectabilis;

(L) Brush-tailed porcupines – Hystricidae – Atherusus All species;

(M) Old world porcupines – Hystricidae – Hystrix All species except H. africaeaustralis, H. cristata, and H. indica;

(N) Spiny mice – Muridae – Acomys All species;

(O) Crateromys (Bushy tailed cloud rats) – Muridae – Crateromys All species;

(P) African giant pouched rats – Muridae – Cricetomys All species;

(Q) African White-tailed rat – Muridae – Mystromys albicaudatus;

(R) Phloeomys (Slender tailed rats) – Muridae – Phloeomys All species;

(S) Degus – Octodontidae – Octodon All species;

(T) South African Springhare – Pedetidae – Pedetes capensis;

(U) Prevost’s squirrel – Sciuridae – Callosciurus prevostii;

(V) African palm squirrels – Sciuridae – Epixerus All species;

(W) Pygmy flying squirrels – Sciuridae – Petaurillus All species;

(X) Oil palm squirrels – Sciuridae – Protoxerus All species;

(Y) Giant squirrels – Sciuridae – Ratufa All species.

(r) Order Sirenia:

(A) Manatees – All families – All species.

(s) Order Tubulidentata:

(A) Aardvark – Orycteropodidae – Orycteropus afer.

(2) Noncontrolled Birds: Nothing in this subsection authorizes the importation, possession, sale, confinement or transportation of birds protected by the federal Migratory Bird Treaty Act: Common Name – Family – Genus/species:

(a) Order Charadriiformes:

(A) Senegal thick-knee – Burhinidae – Burhinus senegalensis;

(B) Water thick-knee – Burhinidae – Burhinus vermiculatus.

(b) Order Coliiformes:

(A) Mousebirds and Collies – Coliidae – All species.

(A) Blue-winged kookaburra – Alcedinidae – Dacelo leachii;

(B) Woodland kingfisher – Alcedinidae – Halcyon senegalensis;

(D) Hornbills – Bucerotidae – All species;

(E) Rollers – Coraciidae – All species;

(F) Bee-eaters – Meropidae – All species except Merops apiaster, M. oreobates, M. pusillus, and Nyctyornis athertoni;

(G) Motmots – Momotidae – All species.

(d) Order Cuculiformes:

(A) White browed coucal— Centropodidae – Centropus superciliousus burchelli;

(B) Pheasant coucal – Centropodidae – Centropus phasianinus;

(D) Greater coucal – Centropodidae – Centropus sinensis.

(e) Order Galliformes:

(A) Curassows, guans, and chacalacas – Cracidae – All species except Chamaepetes goudotii, Penelope montagnii, and P. superciliaris;

(B) Megapodes – Megapodiidae – All species.

(f) Order Gruiformes:

(A) Trumpeters – Psophiidae – All species;

(B) Buttonquails and hemipodes – Turnicidae – All species.

(g) Order Passeriformes:

(A) Orange-breasted bunting – Cardinalidae – Passerina leclancherii;

(B) Cotingas – Cotingidae – All species;

(D) Pileated finch – Emberizidae – Coryphospingus pileatus;

(E) Yellow-breasted bunting – Emberizidae – Emberiza aureola;

(F) Golden-breasted bunting – Emberizidae —Emberiza flaviventris;

(G) Cinnamon-breasted bunting – Emberizidae –Emberiza tahapisi;

(H) Yellow cardinal – Emberizidae – Gubernatrix cristata;

(I) Black-crested finch – Emberizidae – Lophospingus pusillus;

(J) Crested bunting – Emberizidae – Melophus lathami;

(K) Yellow-billed cardinal – Emberizidae – Paroaria capitata;

(L) Red-crested cardinal – Emberizidae – Paroaria coronata;

(M) Black-capped warbling finch – Emberizidae – Poospiza melanoleuca;

(N) Saffron finch – Emberizidae – Sicalis flaveola;

(O) Double-collared seedeater – Emberizidae – Sporophila caerulescens;

(P) Rusty-collared seedeater – Emberizidae – Sporophila collaris;

(Q) Parrot-billed seedeater – Emberizidae – Sporophila peruviana;

(R) Slate-colored seedeater – Emberizidae – Sporophila schistacea;

(S) Swallow tanager – Emberizidae – Tersina viridis;

(T) Cuban grassquit – Emberizidae – Tiaris canorus;

(U) Blue-back grassquit – Emberizidae – Volatinia jacarina;

(V) Waxbills, mannikins, munias – Estrilididae – All species;

(W) Broadbills – Eurylaimidae – All species;

(X) Black siskin – Fringillidae – Carduelis atrata;

(Y) Linnet – Fringillidae – Carduelis cannabina;

(Z) European goldfinch – Fringillidae – Carduelis carduelis;

(AA) Red siskin – Fringillidae – Carduelis cucullata;

(BB) Hooded siskin – Fringillidae – Carduelis magellanica;

(CC) Yellow—breasted greenfinch – Fringillidae – Carduelis spinoides;

(DD) European siskin – Fringillidae – Carduelis spinus;

(EE) Yellow-rumped siskin – Fringillidae – Carduelis uropygialis;

(FF) Yellow-bellied siskin – Fringillidae – Carduelis xanthogastra;

(GG) Yellow-billed grosbeak – Fringillidae – Eophona migratoria;

(HH) Japanese grosbeak – Fringillidae – Eophona personata;

(II) Oriole finch – Fringillidae – Linurgus olivaceus;

(JJ) Brown bullfinch – Fringillidae – Pyrrhula nipalensis;

(KK) Eurasian bullfinch – Fringillidae – Pyrrhula pyrrhula;

(LL) Black-throated island canary – Fringillidae – Serinus atrogularis;

(MM) Island canary – Fringillidae – Serinus canaria;

(NN) Yellow crowned canary – Fringillidae – Serinus flaviventris;

(OO) White-rumped seedeater – Fringillidae – Serinus leucopygius;

(PP) Yellow-fronted canary – Fringillidae – Serinus mozambicus;

(QQ) European serin – Fringillidae – Serinus serinus;

(RR) Long-tailed rosefinch – Fringillidae – Uragus sibiricus;

(SS) Troupials and Allies – Icteridae – All nonnative species;

(TT) Leafbirds and fairy bluebirds – Irenidae – All species;

(UU) Honeyeaters – Meliphagidae – All species;

(VV) Old World Flycatchers – Muscicapidae – Copyschus All species;

(WW) Sunbirds – Nectariniidae – All species;

(XX) Sudan sparrow – Passeridae – Passer luteus;

(YY) Red-headed weaver – Ploceidae – Anaplectes rubriceps;

(ZZ) Yellow-crowned bishop – Ploceidae – Euplectes afer;

(AAA) Red-collared widowbird – Ploceidae – Euplectes ardens;

(BBB) Black-winged bishop – Ploceidae – Euplectes hordeaceus;

(CCC) Jackson’s widowbird – Ploceidae – Euplectes jacksoni;

(DDD) Yellow-shouldered widowbird – Ploceidae – Euplectes macrourus;

(EEE) Red bishop – Ploceidae – Euplectes orix;

(FFF) Long-tailed widowbird – Ploceidae – Euplectes progne;

(GGG) Red fody – Ploceidae – Foudia madagascariensis;

(HHH) Orange weaver – Ploceidae – Ploceus aurantius;

(III) Village weaver – Ploceidae – Ploceus cucullatus;

(JJJ) Lesser masked weaver – Ploceidae – Ploceus intermedius;

(KKK) Little weaver – Ploceidae – Ploceus luteolus;

(LLL) Baya weaver – Ploceidae – Ploceus philippinus;

(MMM) Vitelline-masked weaver – Ploceidae – Ploceus vitellinus;

(NNN) Speckle-fronted weaver – Ploceidae – Sporopipes frontalis;

(OOO) Scaly weaver – Ploceidae – Sporopipes squamifrons;

(PPP) Sugarbirds – Promeropidae – All species;

(QQQ) Golden-crested myna – Sturnidae – Ampeliceps coronatus;

(RRR) Violet-backed starling – Sturnidae – Cinnyricinclus leucogaster;

(SSS) Emerald starling – Sturnidae – Lamprotornis iris;

(TTT) Golden-breasted starling – Sturnidae – Lamprotornis regius;

(UUU) Common hill myna – Sturnidae – Gracula religiosa;

(VVV) Long-tailed glossy-starling – Sturnidae – Lamprotornis caudatus;

(WWW) Bronze-tailed glossy-starling – Sturnidae – Lamprotornis chalcurus;

(XXX) Greater blue-eared glossy-starling – Sturnidae – Lamprotornis chalybaeus;

(YYY) Lesser blue-eared glossy-starling – Sturnidae – Lamprotornis chloropterus;

(ZZZ) Hildebrandt’s starling – Sturnidae – Lamprotornis hildebrandti;

(AAAA) Chestnut-bellied starling – Sturnidae – Lamprotornis pulcher;

(BBBB) Purple-headed glossy-starling – Sturnidae – Lamprotornis purpureiceps;

(CCCC) Purple glossy-starling – Sturnidae – Lamprotornis purpureus;

(DDDD) Rueppell’s glossy-starling – Sturnidae – Lamprotornis purpuroptera;

(EEEE) Splendid glossy-starling – Sturnidae – Lamprotornis splendidus;

(FFFF) Superb starling – Sturnidae – Lamprotornis superbus;

(GGGG) Bali myna – Sturnidae – Leucopsar rothschildi;

(HHHH) Golden myna – Sturnidae – Mino anais;

(IIII) Yellow-faced myna – Sturnidae – Mino dumontii;

(JJJJ) Tanagers and Allies – Thraupidae – All nonnative species;

(KKKK) Babblers – Timaliidae – All species;

(LLLL) White-eyes – Zosteropidae – All species.

(h) Order Piciformes:

(A) Barbets – Capitonidae – All species;

(B) Toucans – Ramphastidae – All species.

(i) Order Tinamiformes:

(A) Tinamous – Tinamidae – All species.

(j) Order Trogoniformes:

(A) Trogons – Trogonidae – All species.

(3) Noncontrolled Amphibians: Common Name – Family – Genus/species:

(a) Order Anura:

(A) Allophrynid tree frog – Allophrynidae – Allophryne All species;

(B) Hairy frogs – Arthroleptidae – Trichobatrachus All species;

(D) African tree toads – Bufonidae – Nectophryne All species;

(E) Live-bearing toads – Bufonidae – Nectophrynoides All species;

(F) Glass frogs – Centrolenidae – All species;

(G) Poison arrow frogs – Dendrobatidae – All species;

(H) Ghost frogs – Heleophrynidae – Heleophryne All species;

(I) Shovel-nosed frogs – Hemisotidae – Hemisus All species;

(J) Leaf frogs – Hylidae – Agalychnis All species;

(K) Casque-headed frogs – Hylidae – Aparashpenodon All species;

(L) Water-holding frogs – Hylidae – Cyclorana All species;

(M) Marsupial frogs – Hylidae – Gastrotheca All species;

(N) Australian giant tree frogs – Hylidae —Litoria chlorus and L. infrafrenata;

(O) Slender-legged tree frogs – Hylidae – Osteocephalus All species;

(P) Cuban tree frogs – Hylidae – Osteopilus All species;

(Q) White’s tree frog – Hylidae – Pelodryas caerulea;

(R) Golden-eyed tree frogs – Hylidae – Phrynohyas All species;

(S) Monkey frogs – Hylidae – Phyllomedusa All species;

(T) Burrowing frogs – Hylidae – Pternohyla All species;

(U) Casque-headed tree frogs – Hylidae – Trachycephalus All species;

(V) Shovel-headed tree frogs – Hylidae – Triprion All species;

(W) Banana frogs – Hyperoliidae – Afrixalas All species;

(X) Reed frogs – Hyperoliidae – Hyperolius All species;

(Y) Running frogs – Hyperoliidae – Kassina All species;

(Z) Forest tree frogs – Hyperoliidae – Leptopelis All species;

(AA) New Zealand frogs – Leiopelmatidae – Leiopelma All species;

(BB) Common horned frogs – Leptodactylidae – Ceratophrys All species;

(CC) Rain or robber frogs – Leptodactylidae – Eleutherodactylus All species;

(DD) Paraguay horned toads – Leptodactylidae – Lepidobatrachus All species

(EE) Asian horned toad – Megophryidae – Megophrys montana (nasuta);

(FF) Tomato frogs – Microhylidae – Dyscophus All species;

(GG) Narrow-mouthed frogs – Microhylidae – Gastrophryne All species;

(HH) Sheep frogs – Microhylidae – Hypopachus All species;

(II) Malaysian narrowmouth toad – Microhylidae – Kaloula pulchra;

(JJ) Tusked frog – Myobatrachidae – Adelotus brevis;

(KK) Pouched frog – Myobatrachidae – Assa darlingtoni;

(LL) Giant burrowing frogs – Myobatrachidae – Heleioporus All species;

(MM) Cannibal frogs – Myobatrachidae – Lechriodus All species;

(NN) Turtle frog – Myobatrachidae – Myobatrachus gouldii;

(OO) Australian spadefoot toads – Myobatrachidae – Notaden All species;

(PP) Crowned toadlets – Myobatrachidae – Pseudophryne All species;

(QQ) Gastric brooding frog – Myobatrachidae – Rheobatrachus All species;

(RR) Torrent frogs – Myobatrachidae – Taudactylus All species;

(SS) Australian toadlets – Myobatrachidae – Uperoleia All species;

(TT) Parsley frogs – Pelodytidae – Pelodytes All species;

(UU) Dwarf clawed frogs – Pipidae – Hymenochirus All species;

(VV) Surinam frogs – Pipidae – Pipa All species;

(WW) Mantella frogs —Ranidae – Mantella All species;

(XX) Foam nest tree frogs – Rhacophoridae – Chiromantis All species;

(YY) Gliding or flying frogs – Rhacophoridae – Rhacophorus All species;

(ZZ) Mexican burrowing frog – Rhinodermatidae – Rhinophrynus dorsalis;

(AAA) Seychelles frogs – Sooglossidae – All species.

(b) Order Caudata:

(A) Axolotl – Ambystomatidae – Ambystoma mexicanum;

(B) Gold-striped salamander – Salamandridae – Chioglossa lusitanica;

(D) Spectacled salamander – Salamandridae – Salamandrina teridgitata.

(A) Caecilians – All species.

(4) Noncontrolled Reptiles: Common Name – Family – Genus/species;

(a) Order Squamata (Suborder Amphisbaenia): Worm lizards – All species.

(b) Order Squamata (Suborder Lacertilia):

(A) Pricklenapes – Agamidae – Acanthosaura All species;

(B) Common or rainbow agama – Agamidae – Agama agama;

(D) Humphead forest dragons – Agamidae – Gonocephalus All species;

(E) Sailfin lizards – Agamidae – Hydrosaurus All species;

(F) Anglehead forest dragons – Agamidae – Hypsilurus All species;

(G) Water dragons – Agamidae – Lophognathus All species;

(H) Water dragons – Agamidae – Physignathus All species;

(I) Bearded dragons – Agamidae – Pogona All species;

(J) Mastigures – Agamidae – Uromastyx All species;

(K) Chameleons – Chamaeleonidae – All species;

(L) Plated lizards – Cordylidae – Gerrhosaurus All species;

(M) Flat lizards – Cordylidae – Platysaurus All species;

(N) Geckos – Gekkonidae – All species;

(O) Gila monster, beaded lizard – Helodermatidae – All species;

(P) Iguanid lizards – Iguanaidae – All nonnative species except: Crotaphytus spp., Gambelia spp., Sceloporus spp., Uta spp., Phrynosoma spp.;

(Q) Skinks – Scincidae – All nonnative species except Eumeces spp.;

(R) Ameivas – Teiidae – Ameiva All species;

(S) Tegus – Teiidae – Tupinambis All species;

(T) Monitor lizards – Varanidae – All species except Varanus griseus;

(U) Night lizards – Xantusiidae – All species;

(V) American knob-scaled lizards – Xenosauridae – Xenosaurus All species.

(d) Order Squamata (Suborder Serpentes):

(A) File snakes – Acrochordidae – All species;

(B) Pythons and Boas – Boidae – All nonnative species;

(C) Milk, Pine, Corn, Rat, Garter snakes – Colubridae – All nonnative species except Boiga irregularis, Lampropeltis getula, L.zonata, and Pituophis catenifer;

(D) Kingsnakes and gopher (bull) snakes – Colubridae – Individuals of Lampropeltis getula, L. zonata and Pituophis catenifer that are morphologically distinct from native species.

(E) Egyptian cobra – Elapidae – Naja haje;

(F) Black & white cobra – Elapidae – Naja melanoleuca;

(G) Indian cobra – Elapidae – Naja naja;

(H) Red spitting cobra – Elapidae – Naja pallida;

(I) King cobra – Elapidae – Ophiophagus hannah;

(J) Bush vipers – Viperidae – Atheris All species;

(K) Gaboon viper – Viperidae – Bitis gabonica;

(L) Rhinoceros viper – Viperidae – Bitis nasicornis;

(M) Horned vipers – Viperidae – Cerastes All species;

(N) Rattlesnakes – Viperidae – Crotalus aquilus, C. basiliscus, C. durissus, C. intermedius, C. polystictus, C. pusillus, C. tortugensis, C. triseriatus, C. unicolor, and C. vegrandis;

(O) Saw-scaled vipers – Viperidae – Echis All species;

(P) Bushmaster – Viperidae – Lachesis muta;

(Q) False horned vipers – Viperidae – Pseudocerastes All species;

(R) Pygmy rattlesnakes – Viperidae – Sistrurus miliarius and S. ravus.

(A) Pignose turtles – Carettochelyidae – All species;

(B) Austro—American side-necked turtles – Chelidae – All species;

(D) River turtles – Dermatemydidae – All species;

(E) Leatherback turtles – Dermochelyidae – All species;

(F) Pond and box turtles – Emydidae – All nonnative species except Pseudemys spp., Trachemys spp., Chinemys spp., Clemmys spp., Chrysemys spp., Graptemys spp., Emys orbicularis, Emydoidea blandingii and Mauremys spp.;

(G) American mud and musk turtles – Kinosternidae – All species except Kinosternon subrubrum and K. odoratum;

(H) Afro-American side-necked turtles – Pelomedusidae – All species;

(I) Bighead turtles – Platysternidae – All species;

(J) Tortoises – Testudinidae – All species;

(K) Softshell turtles – Trionychidae – All species except Apolone spp. and Trionyx triunguis.

(5) Noncontrolled Fish: Common Name – Family – Genus/species: Aquaria fish and Live Foodfish – All species.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Hist.: FWC 69-1996, f. & cert. ef. 12-20-96; FWC 59-1997, f. & cert. ef. 9-3-97; Administrative correction 10-27-97; FWC 72-1997, f. & cert. ef. 12-29-97; DFW 21-1998, f. & cert. ef. 3-13-98; DFW 63-1998, f. & cert. ef. 8-10-98; DFW 99-1998, f. & cert. ef. 12-22-98; DFW 94-1999, f. & cert ef. 12-23-99; DFW 79-2000, f. & cert. ef. 12-22-00; DFW 116-2001, f. & cert. ef. 12-18-01; DFW 15-2011, f. & cert. ef. 2-15-11; DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11

635-056-0070

Controlled Wildlife Species

At the time the commission categorizes a species, subspecies or hybrid as Controlled, it shall also establish the controls necessary to protect native wildlife.

(1) Controlled Mammals:

(2) Controlled Birds:

(a) Mute swans (Cygnus olor): The possession, transport, sale, purchase, exchange and offer to sell, purchase or exchange is allowed provided that all males are neutered and all individuals are surgically pinioned. Importation of any mute swan is prohibited.

(b) Hawks and falcons (families Falconidae and Accipitridae): The capture, possession, propagation, transportation, release, sale, purchase, exchange and disposition of falcons is allowed only as per the requirements of OAR 635 Division 44 (Holding, Propagating Protected Wildlife) and OAR 635 Division 55 (Falconry Licenses, Permits and Requirements).

(c) Game birds: (Anatidae, Columbidae, Tetranidae, Phasianidae, Meleagrididae, Scolopacidae, Gruidae, Rallidae). The possession, propagation, sale, purchase and exchange of game birds is allowed only as per the requirements of OAR 635 division 44 (Holding, Propagating Protected Wildlife).

(d) Unless authorized by the Department, European starling (Sturnus vulgaris) or House sparrows (Passer domesticus) may not be imported into Oregon or released into the wild. However, viable eggs, nestlings, fledglings, or adults may be captured from the wild, possessed, bought or sold for any other purpose (including damage controlor research). No permit is required for such capture and possession.

(3) Controlled Amphibians:

(a) Bullfrog (Rana catesbeiana) including viable eggs, hatchlings, tadpoles, juveniles and adults: No person may import, purchase, sell, barter or exchange, or offer to import, purchase, sell, barter or exchange live bullfrogs. Individual bullfrogs may be collected from the wild and held indoors in an escape proof aquarium as per OAR 635-044-0035. Release is prohibited unless the person first obtains a permit from the Director.

(4) Controlled Reptiles:

(a) Order Crocodylia (Crocodiles, Alligators and Gavials) are considered exotic animals pursuant to ORS 609.305. Therefore, the keeping, breeding and sale of such animals is regulated by ORS 609.205 through 609.355 and OAR 603-011-0705 and 603-011-0706. Those statutes and rules govern the authority of local governments and the Department of Agriculture over those activities concerning these animals. However, the Fish and Wildlife Commission retains authority to regulate release and transport of these animals, and their management if they are released or escape into the wild. It is unlawful to release any member of the order Crocodylia.

Stat. Auth.: 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242

Stats. Implemented: 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242

Hist.: FWC 69-1996, f. & cert. ef. 12-20-96; FWC 59-1997, f. & cert. ef. 9-3-97; DFW 63-1998, f. & cert. ef. 8-10-98; DFW 94-1999, f. & cert ef. 12-23-99; DFW 79-2000, f. & cert. ef. 12-22-00; DFW 116-2001, f. & cert. ef. 12-18-01; DFW 53-2008(Temp), f. & cert. ef. 5-28-08 thru 9-19-08; DFW 114-2008, f. & cert. ef. 9-19-08; DFW 15-2011, f. & cert. ef. 2-15-11; DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11

Rule Caption: Amend Rules Relating to Competitive Trials, Commercial and Individual training for Hunting Dogs and Raptors.

Adm. Order No.: DFW 70-2011

Filed with Sec. of State: 6-15-2011

Certified to be Effective: 7-1-11

Notice Publication Date: 5-1-2011

Rules Adopted: 635-046-0000, 635-046-0040, 635-046-0045, 635-046-0050, 635-046-0055

Rules Amended: 635-050-0045

Rules Repealed: 635-043-0100, 635-046-0005, 635-046-0010, 635-046-0015, 635-046-0020, 635-046-0025, 635-046-0030, 635-046-0035

Subject: The purpose of this rule is to carry out the provisions of ORS 498.106 which relates to competitive field trials for hunting dogs and to provide the conditions under which wildlife may be used to train hunting dogs and raptors.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-046-0000

Purpose

The purpose of these rules is to implement the provisions of Oregon Revised Statute 496.012, 498.052, and 498.106. These rules provide conditions under which competitive hunting dog trials may be held and provide conditions for the use of wildlife during the training of hunting dogs and raptors. These rules do not apply to the use of inanimate training devices, nor to exempt animals such as rock pigeons, lawfully possessed dead birds, animal carcasses, or wildlife parts such as bird wings or animal skins. These rules do not authorize the training of hunting dogs or raptors at any time or in any place where the training of dogs or raptors or running of dogs is prohibited by the land owner or land management agency.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 498.006 & 498.106

Stats. Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106

Hist.: DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11

635-046-0040

Definitions

(1) “Approved Band” means a leg band purchased from the Department at a cost of $5.00 for 50 bands.

(2) “Competitive Hunting Dog Trial” (sometimes called a “field trial”, “water trial”, “hunt test” or “picnic trial”) means an event that:

(a) is licensed, sanctioned, or sponsored by a sporting dog organization; and

(b) involves more than one person in testing or exhibiting learned behavior in dogs related to hunting wildlife (including, but not limited to, tracking of scents, flushing, pointing, treeing, ground baying and retrieval).

(3) “Department” means the Oregon Department of Fish and Wildlife.

(4) “Exempt animals” means species listed in OAR 635-56-0020.

(5) “Falconry” is caring for and training raptors for pursuit of game, and the sport of hunting wild game with raptors.

(6) “Healed nasal scar” means a permanent deformity on the upper mandible of an upland game bird such as that caused by an anti-pecking device.

(7) “Healed toe mark” results from the clipping of the terminal joint, including the entire toenail, from the lateral (outside) toe of the right foot of an upland game bird chick.

(8) “Hunting Dog” means any dog that is used to aid an individual to pursue or hunt wildlife.

(9) “Hunting Dog Training” means the use of wildlife by an individual or individuals on any lands or waters in the state for the purpose of training to teach or reinforce learned behavior in dogs related to hunting of wildlife; activities which may include shooting, tracking of scents, flushing, pointing, treeing, ground baying, going to ground, and/or retrieval of wildlife.

(10) “Marked bird” for upland game birds means a domestically-raised upland game bird which displays one of the following: a healed toe mark, a healed nasal scar, or an approved band affixed to a leg; for mallards means a domestically-raised mallard which was marked in at least one of the methods approved by the U.S. Fish and Wildlife Service (50 CFR 21.13).

(11) “Pursue” for upland game birds means the act of locating, trailing, tracking, chasing, or flushing, but not taking, in an attempt to reinforce learned behavior in hunting dogs; for game mammals or furbearers means the act of trailing, tracking, or chasing in an attempt to locate, capture, catch, tree, or kill.

(12) “Raptor” means any species or hybrid of the families Strigidae, Falconidae and Accipitridae used for Falconry.

(13) “Raptor training” means the use of wildlife for the purpose of training of any species or hybrid of the families Strigidae, Falconidae and Accipitridae to hunt wildlife.

(14) “Release” means, for the purpose of competitive hunting dog trials or hunting dog or raptor training, permitting any domestically-raised game birds to exist alive outside of an enclosure that restricts its movements.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 498.006 & 498.106

Stats. Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106

Hist.: DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11

635-046-0045

General Regulations

(1) Releasing domestically-raised game birds or using wildlife during competitive hunting dog trials, and releasing domestically-raised game birds for hunting dog and raptor training, are only allowed under a permit from the Department.

(2) Wildlife that shows symptoms of sickness or injury, or that is dead from disease, must not be used in competitive hunting dog trials or the training of hunting dogs or raptors.

(3) Any person who takes or attempts to take wildlife, including domestically-raised game birds, during a competitive hunting dog trial or while training a hunting dog or raptor, must meet the hunting license and state bird validation (stamp) requirements contained in the Department’s current Oregon Game Bird, Big Game, and Furbearer Hunting/Trapping Regulations.

(4) Recall pens may be used on private lands to capture domestically-raised upland game birds which were released for a competitive hunting dog trial or hunting dog or raptor training, provided that, upon discovery, any unmarked game bird(s) (except bobwhite and Coturnix quail) or other wildlife caught incidentally must be released immediately.

(5) For the purposes of these rules, domestically-raised game birds that have been used for competitive hunting dog trials or hunting dog and raptor training are considered inedible. All dead animal carcasses from the trial and training activities must be removed from the field (ORS 164.785 and 164.805).

(6) The 2011 Oregon Big Game Regulations, the 2010 – 2011 Oregon Game Bird Regulations, and the Oregon Furbearer Trapping and Hunting Regulations July 1, 2010 through June 30, 2012 are amended, specifically:

(a) The 2011 Oregon Big Game Regulations are amended to remove the regulation on page 28 that no person shall: “Permit dogs to run at large or train dogs in game bird nesting habitat during April, May, June or July, except as authorized by the Fish and Wildlife Commission”;

(b) The 2010 — 2011 Oregon Game Bird Regulations are amended to remove the regulation on page 11 that no person shall: “Permit dogs to run at large or train dogs in game bird nesting habitat during the months of April-July, except as authorized by the Fish and Wildlife Commission”; and

(c) The Oregon Furbearer Trapping and Hunting Regulations July 1, 2010 through June 30, 2012 are amended to remove the regulation on page 4 that “No person shall permit dogs to run at large or train dogs in game bird nesting habitat during April, May, June or July, except as authorized by the Fish and Wildlife Commission.”

Stat. Auth.: ORS 496.012, 496.138, 496.146, 498.006 & 498.106

Stats. Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106

Hist.: DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11

635-046-0050

Use of Wildlife for Hunting Dog and Raptor Training

(1) Upland game birds, except sage grouse, sharp-tailed grouse, and spruce grouse, may be pursued to train hunting dogs from September through January, or as permitted by these rules.

(2) No person may release any domestically-raised game birds without first obtaining a “Game Bird Release Permit for Hunting Dog and Raptor Training” from the Department. With such a permit, the Department authorizes the permittee and his or her designees to release domestically-raised game birds for the sole purpose of training hunting dogs and raptors and to operate recall pens on private lands to recapture those same game birds.

(a) A designee(s) must possess a copy of the permittee’s permit or written authorization from the permittee to release domestically-raised game birds on his or her behalf.

(b) The permit is immediately valid upon completion of the application when signed by the permittee. A copy of the completed permit must be submitted (via hand-delivery, U.S. Mail, electronic mail, or facsimile) to the Department as indicated on the permit.

(d) Permits are valid from date of issue through December 31.

(e) On Department owned or managed lands, the release of domestically-raised game birds for hunting dog or raptor training is prohibited except in designated dog training areas where release is specifically allowed by wildlife area rule, and, if required by the wildlife area, the individual has a special permit specific to that wildlife area for activities allowed under these rules.

(f) The following species are permitted for release under this permit: common pheasant (all races of Phasianus colchicus, most commonly ring-necked); California (valley), bobwhite and Coturnix quail; Hungarian (gray), chukar, and red-legged partridge; or mallards, provided such birds were lawfully acquired and, except for bobwhite and Coturnix quail, are marked birds.

(g) If at any time one or more people are training hunting dogs or raptors with domestically-raised game birds released under a valid Game Bird Release Permit for Hunting Dog and Raptor Training, the following items must be in the possession of at least one of those persons:

(i) At least one valid Game Bird Release Permit for Hunting Dog and Raptor Training.

(ii) A sales receipt from the propagator or a written note of origin containing the name and address of the person from whom the birds were acquired, which specifies the number and species of game birds which have been or are going to be released.

(iii) One or more hunting dogs or raptors.

(h) A holder of a Game Bird Release Permit for Hunting Dog and Raptor Training must annually report to the Department the number and species of game birds released by county.

(3) Domestically-raised game birds lawfully released under a valid Game Bird Release Permit for Hunting Dog and Raptor Training may be pursued or taken in any number by shooting or falconry for the sole purpose of training hunting dogs and raptors, provided that:

(a) At least one person participating in the training possesses a valid Game Bird Release Permit for Hunting Dog and Raptor Training.

(b) The birds are pursued or taken on the same day they are released. However, if the birds are pursued or taken by the same individual(s) as part of a multi-day training session, the birds must be pursued or taken within three consecutive days after the day of release. Bobwhite and Coturnix quail are not subject to the time constraints of this subsection.

(c) On Department owned or managed lands, the pursuit and take of domestically-raised game birds for hunting dog or raptor training may occur only in designated dog training areas where pursuit and take is specifically allowed by wildlife area rule, and, if required by the wildlife area, the individual has a special permit specific to that wildlife area for activities allowed under these rules.

(4) Carcasses of domestically-raised game birds which were lawfully released under a valid Game Bird Release Permit for Hunting Dog and Raptor Training and subsequently taken for hunting dog and raptor training may be possessed in any number by any person, provided that the person holds a valid Game Bird Release Permit for Hunting Dog and Raptor training or a written note from the permittee describing when, where, and for what purpose the birds were taken.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 498.006 & 498.106

Stats. Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106

Hist.: DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11

635-046-0055

Use of Wildlife for Competitive Hunting Dog Trials

(1) To hold a competitive hunting dog trial, a person must possess a “Competitive Hunting Dog Trial Permit” from the Department:

(a) If domestically-raised game birds are released.

(b) If wildlife is used outside the pursuit or hunting season for that species; or

(2) The applicant (sponsor of the competitive hunting dog trial) must apply for a Competitive Hunting Dog Trial Permit to the Department’s wildlife district where the trial will take place.

(a) The application must be received by the Department at least ten business days prior to the start of a competitive trial via hand-delivery, U.S. Mail, electronic mail, or facsimile.

(b) The District Wildlife Biologist or his or her designee will respond to permit applications within 10 business days from the received date.

(3) To issue a Competitive Hunting Dog Trial Permit, the Department must determine that the proposed trial will not:

(a) Conflict to a significant degree with other authorized activities, including but not limited to land management actions, other permitted trials, or lawful hunting.

(b) Result in significant adverse impact to wildlife or wildlife habitat, taking into consideration location, land ownership, designation of site, size, and date of the proposed trial.

(4) The Department may approve, approve with conditions, or deny a permit application.

(a) If the Department denies the issuance a permit, the Department will provide the applicant with a written explanation and an opportunity to request a hearing to appeal that action.

(b) The applicant may appeal the Department’s decision by submitting a written request for a contested case hearing to the Department within 10 business days after mailing of the Department’s decision.

(5) If after issuance of a Competitive Hunting Dog Trial Permit any unforeseen or emergency circumstances necessitate a change to the permit, the Department will, to the maximum extent practicable, work with permittee to exhaust other options to maintain the trial.

(6) The following species may be released under a Competitive Hunting Dog Trial Permit: common pheasant (all races of Phasianus colchicus, most commonly ring-necked); California (valley), bobwhite, and Coturnix quail; Hungarian (gray), chukar, and red-legged partridge; or mallards, provided all domestically-raised game birds were lawfully acquired and any mallard used must be a marked bird.

(7) Domestically-raised game birds released under a valid Competitive Hunting Dog Trial Permit may be pursued or taken during the course of the permitted trial.

(8) Use of recall pens to recapture domestically-raised upland game birds released under a valid Competitive Hunting Dog Trial Permit is allowed on private lands only if all released game birds were marked (except bobwhite and Coturnix quail, or if there is an exception granted as a condition of the permit) and provided that the person operating the recall pen has the original or a copy of the permit.

(9) The carcasses of domestically-raised game birds which were lawfully released under a valid Competitive Hunting Dog Trial Permit and subsequently taken during the trial may be possessed in any number by any person, provided that the person holds a copy of the Competitive Hunting Dog Trial Permit or a written note from the permittee describing when, where, and for what purpose the birds were taken.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 498.006 & 498.106

Stats. Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106

Hist.: DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11

635-050-0045

General Furbearer Regulations

The following general regulations apply to furbearer seasons:

(1) The appropriate furtaker’s license or hunting license for furbearers must be in possession to hunt and/or trap furbearers.

(2) Any person possessing a valid furtaker’s license or hunting license for furbearers is required to fill out and return a completed harvest report form to the Department at 3406 Cherry Avenue NE, Salem, Oregon 97303. The form shall be postmarked by April 15, 2011 for the 2010–2011 seasons and April 15, 2012 for the 2011–2012 seasons. Failure to do so shall deny the license holder the opportunity to purchase a hunting license for furbearers or furtaker’s license for the following furbearer season, unless the non-compliant licensee pays a fee of $50.00 and completes and returns the harvest report form prior to the requested license being issued.

(3) Any person may sell or exchange the hide, carcass, or any part thereof, of any legally taken furbearing or unprotected mammal.

(4) All traps and snares, whether set for furbearing or other unprotected mammals, shall be legibly marked or branded with the owner’s license (brand) number that has been assigned by the Department; except that unmarked traps or snares may be set for nongame mammals unprotected by law or Department regulations by any person or member of his immediate family upon land of which he is the lawful owner. A landowner is required to register the location of such land with the Department and shall possess each year a free landowner’s license before hunting or trapping furbearing mammals.

(5) No branded trap or snare may be sold unless accompanied by a uniform bill of sale.

(6) Bobcat, raccoon and opossum may be hunted with the aid of an artificial light provided the light is not cast from or attached to a motor vehicle or boat.

(7) An artificial light may be used to provide light to aid in the dispatch of animals legally restrained in a trap or snare.

(8) Use of dogs is permitted to hunt or pursue bobcat, raccoon, fox, and unprotected mammals.

(9) It is unlawful for any person to trap for furbearers, predatory animals or unprotected mammals using:

(a) A steel foothold trap with a jaw spread greater than 9 inches.

(b) A No. 3 or larger foothold trap or any foothold trap with an inside jaw spread at dog greater than 6” not having a jaw spacing of at least 3/16 of one inch when the trap is sprung (measurement excludes pads on padded jaw traps) and when the trap is placed in a manner that is not capable of drowning a trapped animal.

(d) Any instant-kill trap having a jaw spread of 9 inches or more in any land set.

(e) Any toothed trap, or trap with a protuberance on the facing edge of the jaws that is intended to hold the animal (except pads on padded jaw traps).

(f) Or possessing the branded traps or snares of another unless in possession of written permission from the person to whom the brand is registered.

(g) Sight bait within 15 feet of any foothold trap set for carnivores.

(10) Except for persons authorized to enforce the wildlife laws, it is unlawful to disturb or remove the traps or snares of any licensed trapper while he is trapping on public lands or on land where he has permission to trap.

(11) All traps or snares set or used for the taking of furbearing or unprotected mammals shall be inspected at least every 48 hours and all trapped animals removed. This regulation does not apply to the taking of predatory animals.

(12) Any person setting a trap for predatory animals, as defined in ORS 610.002, must check the trap as follows:

(a) For killing traps and snares, at least once every 30 days and remove all animals;

(b) For restraining traps and snares, at least once every 76 hours and remove all animals. However, restraining traps and snares set by a person owning, leasing, occupying, possessing or having charge of or dominion over any land, place, building, structure, wharf, pier or dock or their agent, and set for predatory animals damaging land, livestock or agricultural or forest crops, shall be checked at least once every 7 days. Any person(s) acting as an agent for a landowner shall have in their possession written authority from the landowner or lawful occupant of the land. Such written authority shall contain at least all of the following:

(A) The date of issuance of the authorization;

(B) The name, address, telephone number and signature of the person granting the authorization;

(D) The expiration date of the authorization, which shall be not later than one year from the date of issuance of the authorization.

(13) A “killing trap” means a device used to kill a mammal as part of a killing trap system. A killing trap system is a system set with the intent to kill a mammal comprising a combination of: equipment (the trap and trigger configuration), and set (including site modifications, lures, baits, location and other relevant requirements).

(14) A “restraining trap” means a device used to capture and restrain (but not kill) a mammal as part of a restraining trap system. A restraining trap system is a system set with the intent to capture and restrain (but not kill) a mammal comprising a combination of: equipment (the trap and the trigger configuration), and set (including site modifications, lures, baits, location and other relevant requirements).

(15) These general furbearer regulations do not apply to the trapping of gophers, moles, ground squirrels and mountain beaver.

(16) When any furbearer or raw furbearer pelt is transferred to the possession of another person, a written record indicating the name and address of the person from whom the raw pelt was obtained shall accompany such transfer and remain with same so long as preserved in raw pelt form.

(17) It is unlawful for any person to damage or destroy any muskrat house at any time except where such muskrat house is an obstruction to a private or public ditch or watercourse.

Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162

Stats. Implemented: ORS 496.012, 496.138, 496.146 & 496.162

Hist.: FWC 59-1989, f. & cert. ef. 8-15-89; FWC 70-1990, f. & cert. ef. 7-25-90; FWC 60-1992, f. & cert. ef. 7-30-92; FWC 49-1994, f. & cert. ef. 8-12-94; FWC 43-1996, f. & cert. ef. 8-12-96; DFW 62-1998, f. & cert. ef. 8-10-98; DFW 39-2000, f. & cert. ef. 7-25-00; DFW 73-2002, f. & cert. ef. 7-16-02; DFW 9-2004, f. & cert. ef. 2-11-04; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04; DFW 67-2004, f. & cert. ef. 7-13-04; DFW 60-2006, f. & cert. ef. 7-12-06; DFW 83-2008, f. & cert. ef. 7-25-08; DFW 82-2010, f. & cert. ef. 6-15-10; DFW 127-2010, f. & cert. ef. 9-10-10; DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11

Rule Caption: Suspend Temporary Rules regarding the use of game birds for dog and falconry training.

Adm. Order No.: DFW 71-2011(Temp)

Filed with Sec. of State: 6-15-2011

Certified to be Effective: 7-1-11 thru 7-25-11

Notice Publication Date:

Rules Suspended: 635-051-0076, 635-051-0078

Subject: Permanent Rules were adopted by the Commission on June 2, 2011 that make these rules obsolete.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-051-0076

Permit to Release Domestically Reared Game Birds for Hunting Dog and Falconry Training

(1) Persons wishing to release domestically reared game birds for the purpose of hunting dog or raptor training shall first obtain a Game Bird Release Permit for hunting dog and raptor training from the Department.

(2) Game bird species which may be released under the permit are: common pheasant (all races of Phasianus colchicus, most commonly known as ring-necked), California (valley) bobwhite, Coturnix quail, Hungarian (gray) chukar, red-legged partridge, and mallard ducks, provided that such birds were legally acquired and (except for bobwhite and Coturnix quail) are permanently marked by either a nasal scar or by a healed scar produced by either the removal upon hatching of the outer toe of the right foot (for upland game birds) or by the removal of the right rear toe (for mallards).

Stat. Auth.: ORS 183, 496.012, 496.116, 496.138, 498.002, 498.006, 496.106

Stats. Implemented: ORS 183, 496.012, 496.116, 496.138, 498.002, 498.006, 496.106

Hist.: DFW 6-2011(Temp), f. & cert. ef. 1-28-11 thru 7-25-11; Suspended by DFW 71-2011(Temp), f. 6-15-11, cert. ef. 7-1-11 thru 7-25-11

635-051-0078

Domestically Reared Game Bird Season for Hunting Dog and Falconry Training

Domestically reared game birds may be taken and possessed during hunting dog or raptor training at any time and in any number on private lands or on identified dog training areas that are owned or managed by a government agency, provided that:

(1) the game birds were released under a Game Bird Release Permit for hunting dog and raptor training;

(2) the person taking the game birds first obtains any special use permits required by a government agency;

(3) the person taking the game birds possesses a valid Oregon hunting license and, if 14 years of age or older, an Oregon upland game bird or waterfowl validation(s).

Stat. Auth.: ORS 183, 496.012, 496.116, 496.138, 498.002, 498.006, 496.106

Stats. Implemented: ORS 183, 496.012, 496.116, 496.138, 498.002, 498.006, 496.106

Hist.: DFW 6-2011(Temp), f. & cert. ef. 1-28-11 thru 7-25-11; Suspended by DFW 71-2011(Temp), f. 6-15-11, cert. ef. 7-1-11 thru 7-25-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.