Troutlodge, Inc. v. Department of Fish & Wildlife

Petitioner petitions for review of our decision that “affirmed without opinion” a challenge to administrative rules adopted by the Department of Fish & Wildlife (Department). Ill Or App 452, 826 P2d 649 (1992). We treat the petition as one for reconsideration, ORAP 9.15(1), allow it and hold the rules valid.

Petitioner operates a fish hatchery in Hood River. In 1991, Department enacted rules that authorize inspections and require periodic reports from private fish propagation facilities. As part of the procedure for adopting rules, ORS 183.335(2)(b)(D) requires:

“In considering the economic…