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635-007-0900
Permit Required
(1) Any person must have in possession a valid Scientific Taking Permit issued by the Department in order to take fish from the waters of this state for scientific or educational purposes.
(2) Except as provided in section (3) of this rule, a Scientific Taking Permit issued by the Department to any agency, corporation, association or other such entity of which one or more members may engage in the taking of fish, will be issued in the name of the entity. It shall be the responsibility of the entity to provide a copy of the permit to each member who intends to take fish and to have the member sign the permit copy on the signature line provided. A copy of a Scientific Taking Permit issued to an entity shall not be considered a valid permit unless signed by the member engaged in the taking of fish.
(3) Any student desiring to take fish for scientific or educational purposes as part of a program or course of study at an educational institution must obtain a Scientific Taking Permit in the student's own name. Students are not authorized to take fish under Scientific Taking Permits issued to an educational institution or its instructors.
(4) The Department may refuse to issue any Scientific Taking Permit if it finds:
(a) The proposed taking lacks scientific or educational merit or would adversely affect the fish populations of this state; or
(b) The applicant violated any term of any license or permit issued by the Department.
Stat. Auth.: ORS 183.335, ORS 496.138, ORS 497.252, ORS 497.298, ORS 506.109, ORS 506.119 & ORS 508.111
Stats. Implemented: ORS 183.335, ORS 496.138, ORS 497.252, ORS 497.298, ORS 506.109, ORS 506.119 & ORS 508.111
Hist.: FWC 18-1992, f. 3-24-92, cert. ef. 4-1-92
635-007-0910
Scientific Taking Permit Application — Fish
(1) Any person or entity wishing to obtain a Scientific Taking Permit must complete and submit to the Department the appropriate permit application form.
(a) No fee is charged for Fish Scientific Taking Permits issued for scientific or educational purposes as part of a program or course of study at a K-12 educational institution.
(b) A fee of $119.50 (plus a $2.00 license agent fee) shall be charged for each Fish Scientific Taking Permit issued for any agency, corporation, association, or other such entity.
(2) The Department may prescribe such terms and conditions in a permit as it may deem necessary to ensure that fish taken pursuant to the permit will be used only for scientific or educational purposes.
(3) Permits will not be issued to any person or entity for the purpose of collecting fish to sell to scientific or educational supply houses or to any other person or entity.
Statutory/Other Authority: ORS 496.138, SB 247 (2015), 496.146 & 506.119
Statutes/Other Implemented: ORS 497.298 & 508.111
History:
DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019
DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017
DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16
DFW 145-2009, f. 12-9-09, cert. ef. 1-1-10
DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04
FWC 18-1992, f. 3-24-92, cert. ef. 4-1-92
635-007-0930
Limited Authority
A Scientific Taking Permit may specify under what conditions the permittee is authorized to transport live fish, eggs or larvae within the state of Oregon collected under the Scientific Taking Permit. A Scientific Taking Permit with specific transport conditions excuses the permittee from the obligation to obtain a Fish Transport Permit under OAR 635-007-0600.
Stat. Auth.: ORS 496.138, ORS 496.146 & ORS 506.119
Stats. Implemented: ORS 497.252, ORS 497.298, ORS 498.222 & ORS 508.111
Hist.: FWC 18-1992, f. 3-24-92, cert. ef. 4-1-92; DFW 110-2001, f. & cert. ef. 11-23-01
635-007-0950
Revocation of Permit
(1) The Commission may revoke a Scientific Taking Permit in accordance with the applicable provisions of ORS 183.310 through 183.500 if the holder of the permit has violated any of the terms or conditions of the permit or any regulation within OAR Chapter 635.
(2) Revocation of a Scientific Taking Permit is in addition to and not in lieu of other penalties provided by law.
Stat. Auth.: ORS 183.335, ORS 496.138, ORS 497.252, ORS 497.298, ORS 506.109, ORS 506.119 & ORS 508.111
Stats. Implemented: ORS 183.335, ORS 496.138, ORS 497.252, ORS 497.298, ORS 506.109, ORS 506.119 & ORS 508.111
Hist.: FWC 18-1992, f. 3-24-92, cert. ef. 4-1-92
ODFW Contacts
ESA Program Specialist
503-947-6254
Fish.research@odfw.oregon.gov |
