Or. Admin. R. 635-040-0030

Current through Register Vol. 63, No. 8, August 1, 2024

Section 635-040-0030 - Alternation or Termination of Permits

This rule describes certain circumstances in which the Commission may alter or terminate a permit. This rule also describes the consequences of: failure to comply with statute, regulations, any term or condition of a permit; or any unauthorized change in operation; or the removal of facilities:

(1) If the Commission finds that a private hatchery operation is not in the best public interest, it shall alter the conditions of the permit to mitigate such adverse effects or may terminate the permit. Proceedings to cause such alteration or termination shall be conducted in accordance with ORS 183.310 to 183.550. In addition, if the Commission finds the operation has caused deterioration of the natural run of anadromous fish or any population of resident game fish in the waters covered by the permit, it may require the permittee to return the fish populations to the same condition that existed prior to issuance of the permit. If the permittee fails to take appropriate action, the Commission shall take such action and the permittee shall bear any cost incurred by the Commission.

(2) Failure to comply with statute, these regulations, or any term or condition of a permit; or making any unauthorized change in the operation; or removal of facilities shall be grounds for the Department to require changes in operating methods or for the Department to alter the terms of a permit or to terminate a permit. In the event that any such action becomes necessary, the Department shall so notify the permittee by registered or certified mail of its intent to require changes in operating methods or to alter or terminate the permit. Notification shall include the proposed action and the reasons for the proposed action. Such action shall become effective 30 days from the date of mailing such notice unless within that time the permittee request a hearing before the Commission. A request for a hearing shall be made in writing to the Director and shall state the grounds for the request. Any hearing held shall be in accordance with ORS Chapter 183.

(3) Abandonment of a permit shall be grounds for termination of a permit. A permittee shall be presumed to have voluntarily abandoned a permit where no fish releases have occurred at the private hatchery for a period of five years. In the event that termination based on abandonment becomes necessary, the Department shall notify thepermittee by registered or certified mail of its intent to terminate the permit. Such termination shall become effective 30 days from the date of mailing such notice unless within that time the permittee requests a hearing before the Commission or the mailed notice is not accepted. In the latter situation, the Department shall cause notice to be published in a newspaper of general circulation in the location of the permitted site once a week for a period of four weeks, advising permittee of its intent to terminate the permit and of permittee's right to request a hearing. Such termination shall, in that case, become effective at the close of the four-week publication period. A request for a hearing shall be made in writing to the Director and shall state the grounds for the request. Any hearing held shall be in accordance with ORS Chapter 183.

Or. Admin. R. 635-040-0030

FWC 66, f. 7-30-76, ef. 8-2-76, Renumbered from 625-030-0125; FWC 44-1981, f. & ef. 12-21-81; FWC 90-1988(Temp), f. & cert. ef. 9-16-88; FWC 5-1990, f. 1-24-90, cert. ef. 1-26-90

Stat. Auth.: ORS Ch. 496, 506 & 508

Stats. Implemented: ORS Ch. 496, 506 & 508