Larsen v. Oregon Department of Fish & Wildlife

Petitioners challenge the promulgation by the Director of the Department of Fish and Wildlife of a temporary rule repealing OAR 635-42-140 and thereby eliminating the Columbia River commercial sturgeon setline season. ORS 183.400. We grant respondents’ motion to dismiss.

Former OAR 635-42-140 provided,1 in pertinent part:

“Sturgeon may be taken by setline for commercial purposes from noon April 1 to Noon April 30 in the Columbia River * *

The challenged rule repealed OAR 635-42-140. It became effective on January 28,1986. A temporary rule adopted under ORS 183.335(5), as this one was, “maybe…