Or. Admin. Code § 635-041-0610

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

Section 635-041-0610 - Ceremonial Salmon and Steelhead Harvest at Willamette Falls

(1) Members of the Grand Ronde Community of Oregon (Tribe, for purposes of this rule) may harvest hatchery salmon and hatchery steelhead (salmonids, for the purposes of this rule) at Willamette Falls for ceremonial purposes, in accordance with these rules.

(2) The Director shall annually authorize the Ceremonial Salmonid Harvest by issuance of a Ceremonial Harvest Permit upon written request from the Tribe.

(3) Upon issuance of the Ceremonial Harvest Permit, the Director shall also issue up to 15 Ceremonial Harvest Tags (tags) to the Tribe. The tags shall:

(a) Be provided to the Tribe and may be used only by enrolled and authorized members of the Tribe under such terms and conditions as the Tribe may specify, consistent with the Ceremonial Harvest Permit.

(b) Authorize the harvest of one salmonid per tag, up to the maximum harvest of 15 salmonids per calendar year authorized by the Ceremonial Harvest Permit.

(c) Require fishing pursuant to these rules to:

(A) Be in an area upstream of an imaginary line across the main channel of the Willamette River between the northeast corner of the farthest downstream building on Moores Island (commonly referred to as Mill A grinder room) and the southwest corner of the concrete structure on Black Point.

(B) Occur from the shore or from a single platform erected by the Tribe within the designated fishing area described in sub-section (A) above. The platform will be constructed at a location mutually agreed upon between the Director and the Tribe, but no closer than 75 feet of any fishway entrance.

(C) Be by dip net only. "Dip net" means a net with a mesh size no larger than five inches (measured from the inside of one vertical knot to the outside of the opposite vertical knot), attached to a hoop no larger than four feet in diameter and attached directly to a handle; dip nets shall be attended at all times.

(D) Occur from one hour before sunrise until one hour after sunset.

(d) Be carried in the field by Tribal Ceremonial Fishers along with Tribal identification and a Tribal hunting and fishing license. Tribal Ceremonial Fishers shall present these items to Department employees or law enforcement officers and permit the inspection of tribal catch and gear upon request. Tribal fishers designated to harvest salmon using Ceremonial Harvest Tags shall not be required to possess other State of Oregon licenses or Combined Angling Tags.

(e) Include such other conditions and limitations as the Director considers necessary, after consultation with the Tribe, to facilitate orderly prosecution of this or other fisheries or to protect fishery resources at the site.

(4) An authorized Tribal representative will provide at least two business days advanced written notification to the Oregon State Police and to the Director or the Director's designee prior to each ceremonial salmon fishing occasion conducted pursuant to these rules and any time the Tribe will be accessing the fishing platform for maintenance, inspection, viewing, or other non-fishing purposes. The notice must include the name of individuals who will be accessing the platform or designated as Tribal Ceremonial Fishers and the names of any helpers who will be assisting or transporting fish. Helpers may not fish, are not required to be Tribal members, and need not possess the documentation required under section (3)(d) above.

(5) Each salmonid harvested shall be validated or tagged immediately upon landing with the Ceremonial Harvest Tag in accordance with requirements specified in the Ceremonial Harvest Permit. The Tag shall remain with the harvested fish at all times while in the field and during transit to the location of the tribal ceremony.

(6) Captured non-target fish must be immediately released back to the water unharmed.

(7) All harvest of salmonids by the Tribe pursuant to the Ceremonial Harvest Permit shall be reported to the Department within 30 days following the end date of the season specified in the permit. The harvest report shall include, at minimum, the number of fish harvested by species and the number of unmarked salmon and steelhead released.

(8) Salmon harvested under an authorized Ceremonial Harvest Permit may only be used by the Tribe or Tribal members for ceremonial and cultural purposes designated by the Tribe. Salmon and steelhead and parts thereof may not be bartered or sold.

(9) Authorization of this ceremonial harvest does not create, convey or imply any additional tribal legal or treaty entitlement, nor does it modify any existing agreement, treaty, or court decree.

Or. Admin. Code § 635-041-0610

DFW 34-2016, f. & cert. ef. 4/25/2016

Stat. Auth.: ORS 497.075, 496.138, 506.036, 506.109, 506.119, 506.129

Stats. Implemented: ORS 506.109, 506.129, 508.111