Current through Register Vol. 63, No. 3, March 1, 2024
(1) Any person wishing to obtain or renew a
Sturgeon Propagation Permit shall complete and submit to the Department the
appropriate permit application form. Application forms are available upon
request from the Oregon Department of Fish and Wildlife. Applications to renew
an existing permit shall be submitted to the Department by December 1 of the
year prior to the permit year in order to renew the permit as a matter of
right.
(2) In addition to the
application form, persons requesting to license a new or not yet built facility
shall describe in writing:
(a) The location
and physical layout of the facility;
(b) Water supply (source, quantity, presence
or absence of fish, and manner of access);
(c) Species and sources of fish to be
propagated;
(d) The status of
applications for any required federal, state or local permits, including a
water right from the Oregon Water Resources Department (WRD), a National
Pollution Discharge Elimination System (NPDES) permit from the Oregon
Department of Environmental Quality (DEQ), and land use permits from the county
in which the facility is located.
(3)
(a)
Prior to issuance of any new propagation license, the applicant shall develop a
propagation facility operational plan, in consultation with the Department and
Department approval obtained. Based on the species reared, size of operation
and/or risk of escape, the Department may accept an abbreviated level of detail
in the operational plan. Unless otherwise specified by the Department based on
the above criteria, the operational plan shall include engineering designs of
the facility drawn to scale and shall describe both the facility and its
operations in detail and shall, at a minimum, include:
(A) Species to be reared, ponding strategies
by month, and projected loading densities per pond by month;
(B) Pond cleaning schedules;
(C) Transportation schedules for fish moved
into and out of the facility;
(D)
Hatchery staff assignments;
(E)
Fish monitoring studies;
(F)
Facility screening, including designs, operations, and maintenance;
(G) Avian exclosures on each rearing
container;
(H) Fish handling
procedures;
(I) Fish disease
treatment procedures;
(J) Use of
quarantine and isolation facilities;
(K) Procedures for handling emergency
situations;
(L) Chlorine monitoring
regimen, where chlorination is required.
(b) Except as otherwise specified by the
Department based on species reared, size of operation and/or risk of escape,
the applicant shall:
(A) Develop and conduct
fish population studies approved by the Department and funded by the applicant,
sufficient to document preconstruction status of fish populations in the
affected waterway; and
(B) Develop
and fund similar studies to be conducted in subsequent years to document
changes caused by hatchery operation.
(4) Prior to commencing operation of a
facility, applicants must have both a fish propagation license and specific
written authorization to operate from the Department. Authorization to operate
shall be granted only:
(a) Upon determination
that all required federal, state and local permits have been obtained;
and
(b) After inspection and
acceptance by the Department of any required fish screens, avian exclosures,
disease control mechanisms, and isolation facilities.
(5) The Department shall renew propagation
licenses upon acceptance of:
(a) A complete
renewal application, submitted by December 1 of the prior year;
(b) A propagation facility operational plan
as provided in subsection (3)(a) of this rule approved by the Department for
the year for which the license is to be renewed, submitted by December 1 with
the renewal application.
(c)
Results of post-siting fish population studies, if required under subsection
(3)(b) of this rule, submitted by December 1 of the prior year; and
(d) Documentation that any required federal,
state and local permits, including appropriate WRD water rights and DEQ NPDES
permits, have been obtained.
(e) To
the extent that any sales summary information or final activity report cannot
be provided by December 1 due to lack of data, such information shall be
provided on a separate form by January 15, as required in OAR
635-007-0735(3).
Stat. Auth.: ORS
496.012,
496.138
Stats. Implemented: ORS
496.171,
496.172,
496.176,
496.182,
496.430,
496.435,
496.445,
496.450,
496.455
