Or. Admin. Code § 635-041-0040

Current through Register Vol. 63, No. 10, October 1, 2024

Section 635-041-0040 - Ceremonial Fishing and Notice Requirement

(1) It is unlawful for any Indian or group of Indians to conduct ceremonial fishing on the Columbia River or in Oregon Columbia River tributaries outside an Indian reservation without first providing at least two working days advanced written notification to the Director or the Director's designee.

(2) All notices must contain the following information:

(a) Name, place, and time of ceremony for which fish will be used;

(b) Name of individuals and helpers who will be fishing and transporting fish. Only these individuals will be allowed to fish on the occasion covered by the notice;

(c) Exact location(s) of fishing and the amount of gear to be used at each location;

(d) Exact beginning and ending dates of ceremonial fishing;

(e) The type of gear to be used in ceremonial fishing;

(f) Estimated number of fish needed for ceremony;

(g) If fish are to be stored prior to a ceremony, the location of storage must be identified. If they are not to be stored, it must be so indicated;

(h) The signature of the designated tribal official certified to the Department in advance.

(3) It is unlawful to:

(a) Fish for ceremonial purposes with commercial fishing gear except in those areas where such fishing gear is authorized for commercial fishing;

(b) Engage in ceremonial fishing during any portion of a week within a commercial fishing season which is closed to commercial fishing;

(c) Sell or barter, offer for sale or barter, buy, or for a commercially licensed fish buyer or wholesale fish dealer to have in his possession fish taken for ceremonial purposes;

(d) Engage in ceremonial fishing unless done in compliance with all provisions contained in the advance notice to the states.

(4) Any individual engaged in ceremonial fishing must have in his possession a signed copy or duplicate copy of the written tribal notification to the Director that such fishing was to be conducted.

(5) Set nets and other commercial fishing gear shall be marked and identified at all times while fishing for ceremonial or other fishing purposes.

(6) A record of the numbers of fish taken for ceremonial purposes will be made available to the Department by the designated tribal official who authorized ceremonial fishing. The report must be sent promptly upon conclusion of each ceremonial fishing activity.

Or. Admin. Code § 635-041-0040

FWC 89, f. & ef. 1-28-77; FWC 2-1978, f. & ef. 1-31-78; FWC 7-1978, f. & ef. 2-21-78; FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0040; FWC 6-1980, f. & ef. 1-28-80; FWC 1-1981, f. & ef. 1-19-81; FWC 6-1982, f. & ef. 1-28-82; FWC 4-1984, f. & ef. 1-31-84; FWC 4-1986(Temp), f. & ef. 1-28-86; FWC 79-1986(Temp), f. & ef. 12-22-86; FWC 2-1987, f. & ef. 1-23-87; FWC 10-1988, f. & cert. ef. 3-4-88; DFW 33-2003(Temp), f. 4-23-03, cert. ef. 4-24-03 thru 10-1-03; DFW 142-2008, f. & cert. ef. 11-21-08

Stat. Auth.: ORS 183.325 & 506.119

Stats. Implemented: ORS 506.129 & 507.030