Oregon Administrative Rules
Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE
Division 56 - IMPORTATION, POSSESSION, CONFINEMENT, TRANSPORTATION AND SALE OF NONNATIVE WILDLIFE
Section 635-056-0075 - Controlled Fish Species
Universal Citation: OR Admin Rules 635-056-0075
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Controlled Fish
(a) Grass carp
(Ctenopharyngodon idella): Grass carp may be released into water bodies within
Oregon only pursuant to the issuance of a permit from the Department under
sub-section (1)(a)(A) or if identified in sub-section (1)(a)(B). Complete
permit applications shall be submitted to Department headquarters at least 60
days before proposed stocking. A fee of $250.00 (plus a $2.00 license agent
fee) shall be charged for each Grass carp permit issued.
(A) The following restrictions and standards
will govern the issuance of grass carp permits:
(i) Stocking will occur only in water bodies
which are:
(I) Completely within private land;
or
(II) On land owned or controlled
by special districts defined in ORS
198.010.
(ii) Stocking will occur only in the
following types of water bodies:
(I) Lakes,
ponds, or reservoirs less than 10 acres; or
(II) Ditches and canals.
(iii) Public use of the water body must be
restricted to prevent removal of grass carp (by angling or otherwise) by
unauthorized persons. At a minimum, the water body must be closed to angling
and other use by the general public.
(iv) Stocking shall not detrimentally affect
any population of species listed as threatened or endangered by the federal or
state government.
(v) Stocking
shall occur only in water bodies with fish screens approved by the Department.
Such screens shall have screen openings 1 inch or less for fish 12-19 inches
total length and screen openings 2 inches or less for fish over 19 inches total
length. Screens shall be inspected and approved by the Department before a
permit will be issued. The applicant must comply with fish passage requirements
(OAR 635, division 412); given grass carp screening requirements, this entails
applying for and receiving a waiver or exemption from passage requirements if
grass carp will be stocked into waters where native migratory fish are or were
historically present.
(vi) Stocking
will not be allowed in water bodies within 100-year floodplains (as delineated
by the Federal Emergency Management Agency on federal Flood Insurance Rate
Maps) during times of potential flood. Times of potential flood are January 1
through July 31 in watersheds east of the Cascades and October 15 through May
31 in watersheds west of the Cascades. Grass carp will be removed from water
bodies in a 100-year floodplain and held or disposed of during times of
potential flood. If grass carp will be held and not disposed of, they shall be
held at a permitted site outside the 100-year floodplain. Applications for
sites within a 100-year floodplain shall contain a detailed removal plan which
shall receive Department approval.
(vii) Grass carp may only be purchased and
imported from approved suppliers outside Oregon. Grass carp may not be
propagated or held for further distribution within Oregon. Department
pathologists shall approve suppliers. Approval will be based on ability to
provide grass carp free of Asian tapeworms and meet health and disease
requirements according to OAR 635-007-0555 through 635-007-0585.
(viii) Grass carp imported into Oregon shall
be:
(I)
(2)
Sterile triploids. Documentation from the U.S. Fish and Wildlife Service that
each fish is triploid must be submitted to the Department prior to release;
(II) At least 12 inches
long;
(III) Tagged with a Passive
Integrated Transponder (PIT) tag of frequency 134.2-kilohertz. Each tag shall
be programmed with a unique identification number. A list of unique tag numbers
shall be submitted to the Department prior to release; and
(IV) Stocked at a rate not exceeding 22 per
affected acre.
(ix) In
addition to documentation relating to the restrictions above, each permit
application shall include:
(I) Applicant's
name, address and daytime telephone number. All property owners of the water
body to which grass carp will have unrestricted access must be party to the
application and permit;
(II)
Location of the water body, including township, range, section and quarter
section, with map including written directions for access;
(III) Map of the water body including,
vegetation present in the water body, all inlets and outlets, and screen
locations;
(IV) Description of
emergency procedures for responding to fish escapes from approved
sites;
(V) Description of how fish
will be removed and disposed of at the end of the proposed project.
(x) An application becomes the
management plan upon approval. Permits and management plans shall be specific
to particular sites and particular stocking projects. Permittees shall not
deviate from permit conditions and management plans without prior written
approval from the Department. No person may remove grass carp from one site (as
identified in a management plan) and transport them to any other site without
prior written approval from the Department.
(xi) An Oregon Department of Fish and
Wildlife fish transport permit shall accompany grass carp imported into and
transported within Oregon. If transport is required within the management plan
and occurs entirely on the permittee's property, a transport permit is not
needed. Any other permit or documentation required for fish import, transport,
or stocking shall also be obtained prior to importation and stocking.
(xii) Permittees shall, as a condition of the
permit, allow employees of the Department or the Oregon State Police to inspect
at reasonable times the permitted water body, permit, and associated records.
Inspection may take place without warrant or notice, but, unless prompted by
emergency or other exigent circumstances, shall 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 property other than
the water bodies or fish holding facilities on the permittee's
property.
(xiii) Permits are
revocable at any time for violation of any wildlife statute or rule of the
Department. Upon revocation, if stocking has already occurred, the permittee
shall remove all grass carp within two weeks at her/his own cost.
(xiv) Grass carp which escape a permitted
water body are subject to seizure or destruction by the Department at the
expense of the permit holder. The permit holder shall be held liable for
incidental kill of any other species due to or during destruction of escaped
grass carp.
(xv) The Commission may
grant an exception to OAR 635-056-0075(1)(a)(A)(i) or (1)(a)(A)(ii). Exception
requests must be submitted in writing in addition to the normal application and
must address the requirements in this section. Unless the Commission determines
that an alternative provides equivalent protection to fish and wildlife
resources and their habitats, exceptions shall have the following additional
requirements:
(I) If the water body into which
grass carp will be stocked is greater than or equal to 10 acres a professional
topographic survey by a licensed surveyor must be provided for the entire
perimeter of the water body showing all points of water movement in and out of
the water body. A topographic survey completed by a state or federal agency
within five years from the date of application for the water body may be used.
The Department shall determine screening requirements from the
survey;
(II) Grass carp may remain
in a water body within the 100-year floodplain year-round if a professional
plan or drawing that is certified by a licensed engineer is provided which
indicates that the entire perimeter of the water body is protected from
100-year floods. In order to prevent grass carp escape, screens, dikes, and
devices protecting the water body must be able to remain structurally sound
within 100-year floods and not be over-topped by a 100-year flood. The
Department reserves the right to have a licensed engineer retained by the
agency review and approve or deny the plan or drawing submitted by the
applicant.
(B) Grass carp were legally stocked in Devils
Lake (Lincoln County) prior to 1993 and may continue to be stocked subject to
terms and conditions determined by the Department.
(b) Tilapia (Mozambique tilapia Oreochromis
mossambicus, Nile tilapia O. niloticus, Wami tilapia O. urolepsis, Blackchin
tilapia Sarotherodon melanotheron, and hybrids thereof): The possession,
propagation, transportation, sale, purchase, exchange and disposition of these
tilapia is controlled according to the following restrictions and standards:
(A) A person intending to sell, barter or
exchange must apply for and receive an approved propagation license from the
Oregon Department of Fish and Wildlife Fish Propagation Program prior to
commencing production. A person may raise tilapia in-doors (a house,
greenhouse, or other enclosed structure capable of excluding predators) for
personal consumption without an Oregon Department of Fish and Wildlife-Fish
Propagation license;
(B)
Propagation outdoors must occur in ponds or tanks covered with nets or screens
adequate to prevent the capture or transport of cultured fish by predators or
other animals;
(C) Access to
production facilities must be through secure locked gates;
(D) Only animals certified as disease-free by
the vendor may be purchased;
(E)
Permittees must provide adequate veterinary care to identify and minimize the
spread of diseases originating from the animals being held;
(F) No live tilapia or their gametes,
fertilized eggs, or larvae may be released into waters of this State, as
defined in ORS 506.006; and
(G) An Oregon Department of Fish and Wildlife
fish transport permit shall accompany live tilapia imported into and
transported within Oregon. If transport occurs entirely on the permittee's
property, a transport permit is not needed.
(c) Tiger muskellunge (Esox lucius X Esox
masquinongy): tiger muskellunge are classified as a controlled species for the
specific purpose of stocking into Phillips Reservoir (Baker County) for fish
management purposes according to the following restrictions and standards:
(A) Stocking will occur only in Phillips
Reservoir located in Baker County. No other public or private water bodies will
be stocked with tiger muskellunge unless approved by the Commission. Tiger
muskellunge will be stocked into Phillips Reservoir at a rate not to exceed the
adult density required to achieve the objectives of the introduction; control
abundance of yellow perch to restore the rainbow trout fishery.
(B) Tiger muskellunge may only be obtained
and imported from approved suppliers outside of Oregon. Tiger muskellunge may
not be propagated or held for further distribution within Oregon. Department
pathologists shall approve suppliers. Approval will be based on the ability to
provide tiger muskellunge which meet health and disease requirements according
to OAR 635-007-0960 through 635-007-0995.
(C) Allowable catch and release only based on
management objectives.
(D)
Department will establish a monitoring plan and program prior to release which
shall include:
(i) Creel monitoring.
(ii) Population monitoring.
(iii) Plans to eradicate or suppress any
illegal introductions of pike or muskellunge introductions to Phillips
Reservoir.
(iv) Education and
outreach.
(E) In
conjunction with fish monitoring activities all live tiger muskellunge handled
of suitable marking size shall be tagged with a Passive Integrated Transponder
(PIT) tag. Each tag shall be programmed with identification number. A list of
the PIT tag identification numbers shall be maintained by the District Fish
Biologist and submitted to the Invasive Species Wildlife Integrity
Coordinator.
(F) Any permit(s) or
documentation(s) required for fish import, transport, or stocking shall be
obtained prior to and accompany importation and stocking.
(G) Department will develop an environmental
monitoring plan for Phillips Reservoir which should include basic limnological
characterization of the reservoir (nutrient concentrations, light penetration,
vertical profiles of physical and chemical characteristics of reservoir water,
zooplankton, and phytoplankton composition and densities).
(d) Barramundi (Lates calcarifer) the
possession, propagation, transportation, sale, purchase, exchange and
disposition of Barramundi are controlled according to the following
restrictions and standards:
(A) A person must
apply for and receive an approved propagation license from the Oregon
Department of Fish and Wildlife Fish Propagation Program prior to commencing
production;
(B) An Oregon
Department of Fish and Wildlife fish transport permit shall accompany live
Barramundi imported into and transported within Oregon. If transport occurs
entirely on the permittee's property, a transport permit is not
needed;
(C) Fish health
certification must be reviewed and found acceptable by ODFW Fish Health
personnel or veterinary staffs before fish are purchased or
transported;
(D) Possession of live
Barramundi outside of an approved facility or without a transport permit is
prohibited;
(E) No live Barramundi
or their gametes, fertilized eggs, or larvae may be released into water of the
State, as defined in ORS
506.006;
(F) Propagation must occur indoors (enclosed
structure capable of excluding predators) and only in closed recirculating
systems;
(G) Access to production
facilities must be through secure locked gates;
(H) Permittee must provide adequate
veterinary care as directed by a veterinarian and adhere to Fish Health
Management Policy OAR 635-007-0960 through 635-007-0995 to identify and
minimize the spread of disease originating from the animals being
held;
(I) Effluent water may not be
discharged directly into any waters of the state.
(2) Controlled Mollusks:
(a) Suminoe oysters (Crassostrea ariakensis),
Pacific oysters (C.gigas), Kumamoto oysters (C. sikamea), Eastern oysters (C.
virginica), and European flat oysters (Ostrea edulis) may be purchased and
imported from outside Oregon (or from other estuaries within Oregon) for
release into estuaries in Oregon pursuant to the terms of a permit issued by
the department. Complete permit applications must be submitted to the
department's Marine Resources Program Headquarters (2040 SE Marine Science
Drive, Newport, Oregon 97365) at least 15 days before proposed stocking.
Oysters may be commercially harvested and sold pursuant to OAR
635-005.
(b) Softshell clam (Mya
arenaria), Japanese varnish clam (Nuttalia obscuratai), and Japanese littleneck
clam (Venerupis philipinnarum) may be harvested, possessed and sold
commercially pursuant to OAR 635-005 or harvested and possessed recreationally
pursuant to OAR 635-039.
(3) Controlled Crustaceans:
(a) Green crabs (Carcinus maenas) may be
harvested recreationally pursuant to OAR 635-039. Once harvested, it is
unlawful to return green crab to state waters. It is unlawful to take green
crab for commercial purposes.
(b)
Whiteleg shrimp (Litopenaeus vannamei): The possession, propagation,
transportation, sale, purchase, exchange and disposition of whiteleg shrimp is
controlled according to the following restrictions and standards:
(A) A person must apply for and receive an
approved propagation license from the Oregon Department of Fish and Wildlife
Fish Propagation Program prior to commencing production;
(B) Propagation must occur in ponds covered
with nets or screens adequate to prevent the capture or transport of cultured
shrimp by predators or other animals;
(C) Access to production facilities must be
through secure locked gates;
(D)
Only animals certified as disease-free by the vendor may be
purchased;
(E) Permittees must
provide adequate veterinary care to identify and minimize the spread of
diseases originating from the animals being held;
(F) No live whiteleg shrimp or their gametes,
fertilized eggs, or larvae may be released into waters of this State, as
defined in ORS 506.006; and
(G) An Oregon Department of Fish and Wildlife
fish transport permit shall accompany live whiteleg shrimp imported into and
transported within Oregon. If transport occurs entirely on the permittee's
property, a transport permit is not needed.
(c) Giant river prawns (Macrobrachium
rosenbergii): The possession, propagation, transportation, sale, purchase,
exchange and disposition of giant river prawns is controlled according to the
following restrictions and standards:
(A) A
person must apply for and receive an approved propagation license from the
Oregon Department of Fish and Wildlife Fish Propagation Program prior to
commencing production;
(B)
Propagation must occur in ponds covered with nets or screens adequate to
prevent the capture or transport of cultured prawns by predators or other
animals;
(C) Access to production
facilities must be through secure locked gates;
(D) Only animals certified as disease-free by
the vendor may be purchased;
(E)
Permittees must provide adequate veterinary care to identify and minimize the
spread of diseases originating from the animals being held;
(F) No giant river prawns or their gametes,
fertilized eggs, or larvae may be released into waters of this State, as
defined in ORS 506.006; and
(G) An Oregon Department of Fish and Wildlife
fish transport permit shall accompany live giant river prawns imported into and
transported within Oregon. If transport occurs entirely on the permittee's
property, a transport permit is not needed.
(d) Crayfish - Cambaridae and Parastacidae -
All species: The importation, possession, propagation, transportation, sale,
purchase, exchange and disposition of non-native crayfish is controlled
according to the following restrictions and standards.
(A) Non-native crayfish may be harvested,
possessed and sold commercially pursuant to OAR 635-005-0855 through
635-005-0885 or harvest recreationally pursuant to ORS
496.162 from waters of the State
as defined in ORS 503.006;
(B) Live non-native crayfish may not be used
as bait except in the waterbody in which they were taken;
(C) Non-native crayfish or their gametes,
fertilized eggs, or larvae may not be released into waters of the State, as
defined in ORS 503.006;
(D) Propagation is not allowed;
(E) Non-native crayfish may not be imported
except by recognized educational institutions or for immediate consumption
(Immediate consumption means within one week from date of delivery):
(i) Prior to purchase and importation; must
apply for and receive authorization from Oregon Department of Fish and
Wildlife;
(ii) Crayfish must be
euthanized after educational section is completed.
(iii) Non-native crayfish must remain in an
indoor secure facility and can only be removed when transporting for immediate
preparation for consumption;
(iv)
An Oregon Department of Fish and Wildlife fish transport permit shall accompany
non-native crayfish imported into Oregon.
(F) Fish health certification must be
reviewed, found acceptable and be on file by ODFW Fish Health personnel or
veterinary staffs before crayfish are imported into the State.
Statutory/Other Authority: ORS 496.012
Statutes/Other Implemented: ORS 496.138, ORS 498.052 & ORS 498.222
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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