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DEPARTMENT OF FISH AND WILDLIFE

 

SPORT FISHING REGULATIONS FOR FISH, SHELLFISH, AND MARINE INVERTEBRATES

DIVISION 11

STATEWIDE ANGLING REGULATIONS

635-011-0050

Procedures for Promulgation of Angling Regulations

(1) In accordance with ORS 496.162, Department staff shall continually monitor the status of fish, shellfish, and marine invertebrates and report promptly to the Director and Commission any serious or abnormal changes in health or abundance of the resource.

(2) Except as provided in subsections (2)(a) and (2)(b), the Commission shall adopt annually those rules prescribing seasons, bag limits, method of harvest, and specific restrictions considered necessary to provide optimum recreational and aesthetic benefits to anglers and other citizens;

(a) In the event more restrictive rules are needed to protect or preserve a species or stock experiencing depletion or drastic decline in health or abundance the Commission shall consider adopting rules at its earliest opportunity to prevent further depletion or decline;

(b) In the event more liberal rules are needed to allow anglers to harvest stocks which become more abundant than expected or which would otherwise be wasted, the Commission shall consider adopting rules at its earliest opportunity to prevent waste and provide additional public recreation.

(3) In order to facilitate incorporation of all available information relating to angling regulations, and to reduce the costs associated with promulgating rules to establish regulations and making those regulations available to the public, it is desirable that major changes in seasons, bag limits, methods of harvest and specific regulations be made during Major Public Process Cycles which will take place every four years or at such intervals as determined by staff to best incorporate public input and that during interim years, angling regulations be adopted annually without substantive change. In order to so limit substantive changes to angling regulations to the degree practicable, during Major Public Process Cycles starting in 2013 the following standards and procedures shall be followed:

(a) The Department will request proposals for new or modified regulations during Major Public Process Cycles. Such proposals shall include: identity of sponsor, name of waterbody or species, proposed wording, a stated reason the rule is considered necessary. Actions intended to change fishing opportunities must clearly identify need, benefit and rationale for change; must clearly demonstrate the benefit of changing regulations, must clearly acknowledge impacts to other anglers and social support for change, and demonstrate that changes do not cause or increase risk to fish populations, reproduction or recruitment, or maintaining future fisheries. If intended to conserve fish populations, regulation changes must demonstrate a conservation benefit, demonstrate that current regulations do not adequately protect populations. A standard form for submitting proposals will be available from Department offices by January 1 the year of the Major Public Process Cycle;

(b) Absent extenuating circumstances only proposals received by February 28 will be included in the process described in subsections (3)(c), (3)(d), (3)(e), and (3)(f);

(c) Proposals received by February 28 shall be reviewed by Department staff and enforcement personnel. Reviews will be based on criteria listed in subsection (3)(g). Like proposals may be grouped or consolidated. Proposals not passing department reviews will be eliminated from the process prior to Commission meetings. By May 15 the Department will provide to sponsor, the results of the review and specific basis for rejection or acceptance of the proposal along with relevant comments;

(d) A summary of all angling regulation proposals received by February 28 and passing staff and enforcement personnel reviews described in subsection (3)(c) will be publicized through the news media to identify the issues which are being processed;

(e) Proposals passing staff and enforcement personnel reviews described in subsection (3)(c) may be presented at public meetings to allow public comment on the merits of the proposal and determine levels of public support for proposed rules. Such meetings will be held prior to July 1;

(f) A Commission hearing will be held in late summer or early fall to establish angling regulations. Only properly submitted angling regulation proposals in compliance with subsections (3)(a), (3)(b), and (3)(d) shall be considered; others may be considered at discretion of Commission;

(g) In determining the merits and necessity of a proposed regulation and in making the decision on adoption, the Commission may consider one or all of the following. The proposed rule should be:

(A) Consistent with ODFW fish management and conservation policies and rules;

(B) Consistent with federal fish management plans and mandates;

(C) Consistent with statutory mandates and within ODFW’s rule-making authority;

(D) Based on an established need;

(E) Consistent with biologically sound principles and biologically feasible;

(F) Supported by affected citizens and address an established social need;

(G) Easily understood with clearly defined limits or boundaries;

(H) Enforceable.

(h) Proposed regulations which fail to meet these conditions may be eliminated from the Major Public Process prior to Commission consideration.

(4) Nothing in this rule shall in any way limit any rights conferred under ORS 183.390 and OAR 137-001-0070.

Stat. Auth.: ORS 496.138, 496.146 & 506.119
Stats. Implemented: ORS 496.162 & 506.129
Hist.: FWC 6-1987, f. & ef. 2-20-87; FWC 26-1987, f. & ef. 6-18-87; FWC 69-1994, f. 9-28-94, cert. ef. 10-1-94; DFW 70-2001, f. & cert. ef. 8-10-01; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 111-2011, f. 8-10-11, cert. ef. 8-31-11

635-011-0066

Authority to Take Fish

In accordance with ORS 496.162 and 506.129, Department staff and designated representatives may take fish necessary for Department programs in the times, places and manner necessary to collect broodstock for STEP and hatchery programs, take for scientific purposes, collect excess hatchery returns, trap and haul juvenile and adult fish, monitor and evaluate various species and stocks of fish and for such other purposes that implement Commission approved basin and species plans.

Stat. Auth.: ORS 496.162, 506.129
Stats. Implemented: ORS 496.162, 506.129
Hist.: DFW 111-2001, f. & cert. ef. 11-29-01; DFW 117-2001(Temp), f. & cert. ef. 12-20-01 thru 6-14-2002; DFW 19-2002, f. & cert. ef. 3-20-02; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05

635-011-0072

Bait Restrictions

Stat. Auth.: ORS 496.138, 496.146, 506.119
Stats. Implemented: ORS 496.162, 506.129, 508.306
Hist.: DFW 24-2005, f. 4-15-05, cert. ef. 5-1-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07

635-011-0100

General Rule

It is unlawful to take any fish, shellfish, or marine invertebrates for personal use except as provided in these rules which include and incorporate the 2014 Oregon Sport Fishing Regulations by reference. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the 2014 Oregon Sport Fishing Regulations.

[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.: FWC 11-1982, f. & ef. 2-9-82; FWC 2-1984, f. & ef. 1-10-84; DFW 70-2001, f. & cert. ef. 8-10-01; DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02; DFW 26-2002, f. & cert. ef. 3-21-02; 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 136-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10; DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11; DFW 153-2011(Temp), f. 11-7-11, cert. ef. 11-15-11 thru 5-12-12; DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 142-2012(Temp), f. 11-6-12, cert. ef. 11-15-12 thru 5-12-13; DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13; DFW 130-2013(Temp), f. 12-9-13, cert. ef. 12-10-13 thru 6-8-14; DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14

635-011-0102

Free Fishing Weekend

The first full weekend (Saturday and Sunday) in the month of June shall be designated as an annual free fishing weekend. No angling licenses or tags shall be required for the taking of fish for personal use in Oregon waters on this weekend.

Stat. Auth.: ORS 183.335

Other Auth.: Section 2, Chapter 344, Oregon Laws 1989; House Bill 2221, 1995 Legislature
Stats. Implemented: Sec. 2, Ch. 344, OL 1989; HB 2221, 1995
Hist.: FWC 103-1989, f. 9-29-89, cert. ef. 1-1-90; FWC 92-1995, f. 12-8-95, cert. ef. 12-15-95; DFW 70-2001, f. & cert. ef. 8-10-01; DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13

635-011-0104

Licenses, Tags, and Permits

(1) Hatchery Salmon and Steelhead Harvest Tag Requirements:

(a) Persons holding an annual angling license and an annual angling harvest tag may purchase Hatchery Salmon and Steelhead Harvest Tags. There is no limit on the number of Hatchery Salmon and Steelhead Harvest Tags an angler may purchase per year. The purchase of each tag entitles the angler to take a combined total of 10 hatchery salmon or steelhead;

(b) Only adipose or otherwise fin-clipped adult salmon or adipose fin-clipped steelhead may be recorded on the Hatchery Salmon and Steelhead Harvest Tag;

(c) A valid annual angling license and a valid annual angling harvest tag must be in possession while fish validated on the Hatchery Salmon and Steelhead Harvest Tag are in angler's possession. All tags purchased must be in angler's possession while angling for salmon or steelhead;

(d) Fish must be recorded immediately upon removal from the water and fish must be recorded in the chronological order caught. The angler who landed the fish must record the fish on his or her tag irrespective of who hooked the fish; and

(e) Hatchery Salmon and Steelhead Harvest Tags should be returned to ODFW upon expiration.

(2) Columbia River Basin Endorsement:

(a) The Columbia River Basin is defined as: The mainstem Columbia River from Buoy 10 upstream to include all rivers and their tributaries that drain into the mainstem Columbia River.

(b) Effective January 1, 2014 a valid Columbia River Basin Endorsement must be in possession while angling for salmon, steelhead, or sturgeon in the Columbia River Basin.

(c) The fee for the Columbia River Basin Endorsement, when purchased in conjunction with an annual license is $9.75, in addition to fees as described in ORS 497.121 and ORS 497.123.

(d) The fee for the Columbia River Basin Endorsement when purchased separately is $9.75 (plus a $2.00 agent fee).

(e) The fee for the Columbia River Basin Endorsement, when purchased in conjunction with a daily license is $1.00 per each day, in addition to those fees as described in ORS 497-121.

(f) No fee will be charged for a Columbia River Basin Endorsement for an angler(s) in possession of:

(A) A resident disabled veteran, resident pioneer, resident and non-resident youth under 14 license; or

(B) A Permanent Wheel-chair Angling License a Permanent Blind Angler License, or a Permanent Senior Combination License.

(3) Non Resident Uniformed Services:

A non resident member of the uniformed services, as defined by ORS 497.006, may purchase licenses, tags, or permits at Oregon resident rates.

Stat. Auth.: ORS 496.138, 496.146, 497.121, 497.123 & 506.119
Stats. Implemented: ORS 496.162 & 506.129
Hist.: DFW 101-2001, f. & cert. ef. 10-23-01; DFW 125-2013, f. 10-30-13, cert. ef. 11-1-13; DFW 128-2013(Temp), 11-18-13, cert. ef. 12-1-13 thru 12-31-13; DFW 133-2013, f. & cert. ef. 12-9-13; DFW 49-2014(Temp), f. 5-27-14, cert. ef. 6-1-14 thru 6-30-14; Administrative correction, 7-24-14

635-011-0170

Green Sturgeon

It is unlawful to take green sturgeon (Acipenser medirostris) for sport purposes at all times and in all waters of the state.

Stat. Auth.: ORS 496.138, 496.146 & 506.119
Stats. Implemented: ORS 496.162 & 506.129
Hist.: DFW 32-2010, f. & cert. ef. 3-15-10

635-011-0175

Special Northern Pikeminnow Sport Reward Fishery

(1) During times and at registration stations to be specified by the Northern Pikeminnow Sport Reward Program administered by the Pacific States Marine Fisheries Commission (PSMFC), a voucher for payment of bounty in an amount to be specified by PSMFC may be issued for each northern pikeminnow (Ptychocheilus oregonensis) taken by legal angling methods from the mouth of the Columbia River to the boat restricted zone below the Priest Rapids Dam; from the mouth of the Snake River to the boat restricted zone below Hells Canyon Dam; and from backwaters and sloughs, and up tributaries 400 feet from tributary mouths of the reaches listed above on the Columbia and Snake rivers. In addition, the following requirements shall be met to qualify for payment:

(a) Anglers shall present a valid fishing license and picture identification upon request by any authorized program representative;

(b) Each angler shall adhere to all applicable state fishing regulations for the area in which they fish;

(c) Each angler shall register in person at one of the designated registration stations each day prior to fishing. Anglers may register during times when stations are unstaffed, by using the station's self-registration box. Anglers may not register at multiple stations during the same time period;

(d) Anglers shall comply with the directions of authorized program personnel related to the collection of sampling data and angler participation in the Sport Reward Fishery. Anglers shall provide true and accurate information to authorized program representatives regarding the taking, possession, delivery, transportation, sale, transfer, or any other use of fish caught while participating in the Northern Pikeminnow Sport Reward Fishery Program;

(e) Fish must be returned to the same registration station where the angler registered. They must be returned on the same calendar day stamped on the angler's registration form, before that station closes for that day, and they must have been caught subsequent to that day's registration time.

(f) All fish redeemed for reward payment must have been personally caught solely by the angler submitting them for reward payment.

(g) To be eligible for a voucher, each northern pikeminnow must be nine inches or longer in total length and must be presented in fresh condition or alive. Fish that are or were frozen, or that are in otherwise poor condition, will not be accepted for payment. Authorized program personnel have the authority to determine whether or not northern pikeminnow submitted for payment meet these standards;

(h) Mail in all reward vouchers within 30 days from the end of the year's fishery. To obtain payment, vouchers must be received no later than November 15, 2007. Any issues preventing payment (missing information, voiding of voucher for program violations, etc.) must be resolved by November 15, 2007 or the voucher becomes null and void.

(2) A bounty payment may be refused if in the judgment of authorized program personnel any of the above conditions have not been met.

(3) Violation of any of the above rules may result in disqualification from the Northern Pikeminnow Sport Reward Fishery Program.

Stat. Auth.: ORS 496.138, 496.146 & 506.119
Stats. Implemented: ORS 496.162 & 506.129
Hist.: FWC 41-1990, f. & cert. ef. 5-23-90; FWC 51-1991(Temp), f. 5-22-91, cert. ef. 5-24-91; FWC 23-1993, f. 3-19-93, cert. ef. 3-22-93; DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99; DFW 38-2001(Temp) f. & cert. ef. 5-22-01 thru 11-18-01; DFW 57-2007(Temp), f. & cert. ef. 7-17-07 thru 1-12-08

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