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. (1) Legal Size Sturgeon may be taken pursuant to:

   1. (a) Commercial fishing activities under a valid commercial fishing license;
   2. (b) Commercial fishing activities by other fishermen under a valid commercial fishing license. Sturgeon may be purchased from such fishermen, as authorized by rules for the purchase of fish from commercial fishermen. A wholesale fish dealer's license is required;
   3. (c) Sport fishing activities under a valid sport fishing license. Sturgeon caught under a sport fishing license shall not be transported via land except as authorized in a fish transport permit. Sport fishermen shall not be compensated for any fish or eggs provided to a fish propagation facility operator.

2. (2) Oversize Sturgeon: A person may only collect oversize female sturgeon under a special permit issued by the Department as further provided in OAR 635-007-0710. The permit will only authorize collection of fish from Oregon waters of the main stem Columbia below Bonneville Dam, unless the permittee also has a valid State of Washington permit for collecting oversize female sturgeon in Washington state waters. Any such fish collected under Washington state permits shall reduce the total number allowed to be collected in Oregon:

   1. (a) In addition to open commercial fishing seasons in which legal gear may be used, a permittee may collect oversize female sturgeon by gill net having a mesh size greater than nine inches, stretch measure, during the period April 1 through June 30. Nets shall be tended at all times. A commercial fishing license shall also be required;
   2. (b) A permittee may personally collect oversize female sturgeon with sport gear. A sport fishing license shall also be required.
3. (3) Licensed Propagation Facility: Eggs, brood stock or juveniles may be obtained from a licensed propagation facility.

Statutory/Other Authority

ORS 506.119

Statutes/Other Implemented

ORS 497.325 & 497.330

History

DFW 121-2007, f. & cert. ef. 11-14-07
FWC 33-1988, f. & cert. ef. 5-24-88