Or. Admin. Code § 635-007-0650 - License Required

(1) Except as provided in section (3) of this rule, any person shall obtain a Fish Propagation License in order to propagate for sale and sell any live fish.

(2) A separate Fish Propagation License shall be obtained for each rearing site and shall be renewed annually.

(3) Section (1) of this rule shall not apply to:

(a) The propagation and sale of nongame aquaria species in aquaria;

(b) The operation of salmon hatcheries regulated under ORS 508.700 through 508.745 and OAR chapter 635, division 040 as further clarified at OAR 635-007-0680; or

(c) Activities authorized under a STEP Permit (OAR 635-009-0115);

(d) Activities authorized under a Cooperative Salmon Hatchery Agreement (OAR 635-009-0400 through 635-009-0455).

(4) The department may attach to the fish propagation license any terms and conditions it deems necessary to achieve compliance with Oregon laws or rules.

(5) The department may refuse to issue any fish propagation license if:

(a) Applicant fails to meet any of the deadlines specified in OAR 635-007-0655;

(b) The propagation of the fish specified in the application will be the first introduction of that species into the watershed in which the proposed facility is located;

(c) The department finds the operation, as proposed by the applicant, would tend to be harmful to existing fish populations in or below the site of the proposed propagation facility;

(d) The department finds the applicant violated any terms of any license, permit or operational plan issued by the department;

(e) The department finds the applicant has failed to comply with any statute, rule or reporting requirements relevant to the operation of the propagation facility; or

(f) The applicant has failed to pay any sums it owes to the department or which are owed to the department under any license or permit it holds or the benefits of which it enjoys.

Notes

Or. Admin. Code § 635-007-0650

FWC 27-1982, f. & ef. 4-30-82; FWC 25-1984, f. 6-21-84, ef. 7-1-84, Renumbered from 635-043-0400; FWC 3-1991, f. & cert. ef. 1-18-91; FWC 15-1997, f. & cert. ef. 3-10-97; DFW 121-2007, f. & cert. ef. 11-14-07

Stat. Auth.: ORS 496.138 & 506.119

Stats. Implemented: ORS 496.146, 497.252 & 506.124