Current through Register Vol. 63, No. 3, March 1, 2024
Any person desiring to propagate sturgeon must develop sturgeon
broodstock from which to take eggs to continue the sturgeon propagation
operation. Oversize sturgeon shall not be collected on a continuing basis to
support either experimental or production rearing. Sturgeon eggs or sperm taken
from wild fish to provide seed for propagation and development of broodstock
for a fish propagation facility may be obtained only by a person who held a
permit to collect wild broodstock in the year 2006, and only through the year
2010, and may be obtained in the manner described in sections (1) to (3) of
this rule:
(1) Application and
Eligibility for Permit: A special permit to collect oversize female sturgeon
shall be issued only to an individual who held such a permit for the year 2006,
and may only authorize collection of oversize sturgeon through the year 2010.
The individual applicant shall:
(a) Make a
request in writing;
(b) Demonstrate
in such request the individual has the technical expertise and experience to
handle adult sturgeon, conduct an examination of the fish to determine the
state of maturity, and take eggs without harm to the fish or eggs;
(c) Designate in the request an Oregon
licensed fish propagation facility for fish rearing; and
(d) Designate in the request a landing site
in Oregon for transfer of the collected fish to the fish propagation
facility.
(2)
Obligations of the Permittee:
(a) The
permittee shall not collect more than six oversize female sturgeon for the
purpose of holding and egg collection at the licensed fish propagation facility
designated by the Department in the issued permit. Permittee may also collect
up to 12 male sturgeon less than six feet in length which may be held live for
the purpose of fertilizing said eggs when collected;
(b) The permittee shall tag both males and
oversize female sturgeon at the time of capture with tags provided by the
Department;
(c) The permittee shall
be present during capture and shall transport collected sturgeon, by boat, to
the landing site designated in the permit for transfer to the fish propagation
facility. The sturgeon may be held for a reasonable length of time for removal
of ripe eggs or collection of sperm, and for recovery prior to transfer and
release back to the river in good condition at the landing site. Fish transport
permits are required;
(d) The
permittee may conduct an examination of the sturgeon for maturity by making a
small incision in the fish to check for ripeness. The incision shall be
properly sutured prior to holding or release;
(e) The permittee shall carry the permit at
all times when conducting operations authorized by the permit and shall cause a
copy of such permit to be posted at the propagation facility designated in the
permit;
(f) The permittee shall
notify the Department prior to the initiation of any sturgeon collection
authorized by the special permit;
(g) The permittee shall make available to the
Department, at permittee's expense, up to 5,000 fingerlings unless the
Department requests fewer, from each oversize wild female sturgeon spawned for
stocking within the state;
(h) The
permittee shall file monthly reports with the Department, by the 10th of each
month, on a form or format acceptable to the Department, which shows the number
of wild sturgeon examined, tagged, collected, held, and spawned, as well as
other general information about operations conducted under the special permit
and fish propagation program.
(3) Permit Limitations; Non-transferability:
(a) The total number of oversize female
sturgeon which may be collected form Oregon waters shall be reduced
proportionately by any such sturgeon collected in the state of
Washington;
(b) The special permit
shall be issued only to an individual and is not transferable from said
individual to another individual. In the event the individual issued the permit
is no longer available to conduct permit activities or carry out
responsibilities required by these rules, a new application for a permit shall
be submitted to the Department.
(4) Annual Permit Renewal:
(a) The special permit is an annual permit
and shall expire on December 31 of each year;
(b) A fee of $10 is required to be submitted
with the application for the special permit;
(c) In order to renew the special permit, the
permittee shall submit a written request for renewal, together with a fee of
$10 and a copy of the permittee's annual operations report by January 10 of the
next year. The annual operations report shall summarize the monthly reports and
show the numbers of fish sold and on hand.
(5) Refusal to Issue or Renew a Special
Permit; Revocation and Suspension:
(a) Where
the Commission proposes to refuse to issue or renew a special permit or to
revoke or suspend a special permit an opportunity for a hearing shall be given,
as provided in ORS Chapter 183, the Administrative Procedures Act;
(b) The Commission may refuse to issue or
renew a special permit or revoke or suspend a special permit where the
individual applying for or holding the special permit:
(A) Fails to comply with OAR 635-007-0700
through 635-007-0720 and/or 635-004-0090; or
(B) Has been convicted of any crime relating
to the fish and wildlife laws of this state, or any other state or of the
United States; or
(C) Has been
convicted of any crime involving dishonesty, misrepresentation or fraud under
the laws of this state, or any other state or of the United States;
or
(D) Has been convicted of any
violation of OAR 635-007-0700 through 635-007-0720 and/or
635-004-0090.
Stat. Auth.: ORS
506.119
Stats. Implemented: ORS
497.325,
497.330
