Application, Administration and Enforcement of Wildlife Laws

ORS 496.430
Definitions for ORS 496.430 and 496.435 to 496.455


As used in this section and ORS 496.435 (Policy to recover and sustain native stocks) to 496.455 (Use of native stocks for projects):

(1)

“Enhancement” means resource conservation, utilization and educational activities that contribute to the recovery and sustainability of native fish.

(2)

“Listed unit” means one population or a group of populations of a species, such as an evolutionarily significant unit, that has been listed as threatened or endangered under the federal Endangered Species Act of 1973 (P.L. 93-205), as amended, or under ORS 496.171 (Definitions for ORS 496.171 to 496.182) to 496.192 (Effect of law on commercial forestland or other private land).

(3)

“Native fish” means indigenous to Oregon and not introduced. Naturally produced fish and hatchery produced fish are both native fish if the fish are indigenous to Oregon and not introduced.

(4)

“Native stocks” means those fish indigenous to Oregon that naturally propagate in a given watershed.

(5)

“Naturally produced” means a fish that reproduces and completes its full life cycle in its natural habitat. The naturally produced progeny of hatchery fish are naturally produced.

(6)

“Population” means a group of fish that:

(a)

Originates and reproduces in a particular area at a particular time;

(b)

Does not interbreed to any substantial degree with any other group reproducing in a different area or in the same area at a different time; and

(c)

Is composed of naturally produced fish, hatchery produced fish or a combination of both.

(7)

“Recovery” means that a proportion of the constituent populations of naturally produced native fish belonging to a listed unit are sufficiently abundant, productive and diverse in life histories and distribution such that the listed unit as a whole will be self-sustaining into the foreseeable future.

(8)

“Self-sustaining” means having a sufficient proportion and distribution of constituent populations that:

(a)

Are likely to survive prolonged periods of habitat, oceanic, climatic and environmental conditions that are detrimental to a population; and

(b)

Have habitat of sufficient quality and quantity that is likely to provide survival rates adequate to maintain associated ecological, cultural and economic benefits. [1981 c.317 §2; 2003 c.463 §1]
Chapter 496

Notes of Decisions

Fish and Wildlife Commission has statutory authority to provide by rule for is suance of special ceremonial hunting permits for specific tribes that are not otherwise allowed under hunting and fishing agreement between federal and state governments and that tribe. Confederated Tribes of Siletz Indians of Oregon v. Department of Fish and Wildlife, 244 Or App 535, 260 P3d 705 (2011)

Atty. Gen. Opinions

Commission authority to restrict use of boat ramp it locates on state land, (1971) Vol 35, p 900


Source

Last accessed
Jun. 26, 2021