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Oregon Bulletin

August 1, 2012

Department of Fish and Wildlife, Chapter 635

Rule Caption: Columbia River Treaty Indian Commercial Shad Season Implemented.

Adm. Order No.: DFW 68-2012(Temp)

Filed with Sec. of State: 6-20-2012

Certified to be Effective: 6-21-12 thru 7-31-12

Notice Publication Date:

Rules Amended: 635-041-0072

Subject: Rule modifications set a 40-day commercial shad season in Zone 6 of the Columbia River, from June 21 through July 31, 2012 and allow the sales of shad caught during this period. Revisions are consistent with action taken June 20, 2012 by the Columbia River Compact agencies of Oregon and Washington in cooperation with the Columbia River Treaty Tribes.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-041-0072

Carp, Shad and Other Nongame Fish

It is unlawful to fish for or possess carp, shad and other nongame fish from the Columbia River for commercial purposes except:

(1) As authorized by ORS 508.106 (Permit to take carp or other foodfish).

(2) During open commercial fishing periods with gear authorized for those open commercial fishing periods.

(3) Commercial sales of shad are authorized for fish caught during the period from Thursday, June 21 through Tuesday, July 31, 2012 (40 days).

(a) Fishing in all of Zone 6, except for outside Boat Restricted Zones at dams, is allowed. Only shad may be kept or sold. All other fish must be immediately returned to the water unharmed.

(b) Authorized gear types include: drift gill nets, fish wheels, purse seines and beach seines. Experimental gear types can only be used when commercial gill net seasons are closed.

Stat. Auth.: ORS 183.325 & 506.119
Stats. Implemented: ORS 506.129 & 507.030
Hist.: DFW 2-1999(Temp), f. & cert. ef. 2-1-99 thru 2-19-99; DFW 9-1999, f. & cert. ef. 2-26-99; DFW 40-2007(Temp), f. 6-5-07, cert. ef. 6-6-07 thru 12-2-07; Administrative correction 12-20-07; DFW 68-2012(Temp), f. 6-20-12, cert. ef. 6-21-12 thru 7-31-12


 

Rule Caption: Recreational Spring Chinook Fishery In Lookingglass Creek Re-Opens.

Adm. Order No.: DFW 69-2012(Temp)

Filed with Sec. of State: 6-20-2012

Certified to be Effective: 6-22-12 thru 9-1-12

Notice Publication Date:

Rules Amended: 635-019-0090

Rules Suspended: 635-019-0090(T)

Subject: This amended rule allows recreational anglers opportunity to harvest adipose fin-clipped adult and jack Chinook salmon, which are in excess of the Department’s hatchery production needs, in Lookingglass Creek. This fishery is scheduled for the period from Friday, June 22 through June 25.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-019-0090

Inclusions and Modifications

(1) The 2012 Oregon Sport Fishing Regulations provide requirements for the Northeast Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the 2012 Oregon Sport Fishing Regulations.

(2) Lookingglass Creek from the Moses Creek Lane Bridge (County Road 42) to the confluence of Jarboe Creek is open to angling for adipose fin-clipped adult Chinook salmon from 12:01 a.m. Friday, June 22 through 11:59 p.m. Monday, June 25, 2012.

(a) The daily bag limit is two (2) adipose fin-clipped adult Chinook and five (5) adipose fin-clipped jacks; two daily limits in possession. It is illegal to continue fishing for jack Chinook once the adult bag limit is met.

(b) During the duration of the spring Chinook angling season, the area closure listed for Lookinglass Creek in the Northeast Zone Special Regulations is modified to: Lookingglass Creek closed between Jarboe Creek and 200 feet upstream of the hatchery water intake.

(c) Hook gap restrictions listed in the Northeast Zone Special Regulations for Lookingglass Creek are removed for the duration of the spring Chinook angling season.

(d) All other General, Statewide and Northeast Zone Regulations, as provided in the 2012 Oregon Sport Fishing Regulations, remain in effect.

(3) Catherine Creek from the Miller Lane Bridge to the Highway 203 Bridge, located upstream of Catherine Creek State Park, is open to angling for adipose fin-clipped adult Chinook salmon from May 26 until further notice.

(a) The daily bag limit is two (2) adipose fin-clipped adult Chinook and five (5) adipose fin-clipped jacks; two daily limits in possession. It is illegal to continue fishing for jack Chinook once the adult bag limit is met.

(b) All other General, Statewide and Northeast Zone Regulations, as provided in the 2012 Oregon Sport Fishing Regulations, remain in effect.

(4) The Imnaha River from the mouth to Summit Creek Bridge (River Mile 45) is open to angling for adipose fin-clipped adult Chinook salmon from June 9 until further notice.

(a) The daily bag limit is two (2) adipose fin-clipped adult Chinook and five (5) adipose fin-clipped jacks; two daily jack salmon limits in possession. It is illegal to continue fishing for jack Chinook once the adult bag limit is met.

(b) All other General, Statewide and Northeast Zone Regulations, as provided in the 2012 Oregon Sport Fishing Regulations, remain in effect.

(5) The Wallowa River from a deadline at the lower end of Minam State Park upstream to the confluence with the Lostine River is open to angling for adipose fin-clipped adult Chinook salmon from June 9 until further notice.

(a) The daily bag limit is two (2) adipose fin-clipped adult Chinook and five (5) adipose fin-clipped jacks; two daily jack salmon limits in possession. It is illegal to continue fishing for jack Chinook once the adult bag limit is met.

(b) All other General, Statewide and Northeast Zone Regulations, as provided in the 2012 Oregon Sport Fishing Regulations, remain in effect.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.138, 496.146 & 506.119
Stats. Implemented: 496.162 & 506.129
Hist.: FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94; FWC 57-1994(Temp), f. 8-30-94, cert. ef. 10-1-94; FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95; FWC 70-1995, f. 8-29-95, cert. ef. 9-1-95; FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96; FWC 27-1996(Temp), f. 5-24-96, cert. ef. 5-25-96; FWC 57-1996(Temp), f. 9-27-96, cert. ef. 10-1-96; FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97; FWC 26-1997(Temp), f. 4-23-97, cert. ef. 5-17-97; FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98; DFW 13-1998(Temp), f. & cert. ef. 2-26-98 thru 4-15-98; DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99; DFW 5-1999(Temp), f. 2-5-99, cert. ef. 2-6-99 thru 2-19-99; DFW 8-1999(Temp), f. & cert. ef. 2-23-99 thru 4-15-99; DFW 37-1999(Temp), f. 5-24-99, cert. ef. 5-29-99 thru 6-5-99; DFW 43-1999(Temp), f. & cert. ef. 6-10-99 thru 6-13-99; DFW 45-1999(Temp), f. & cert. ef. 6-14-99 thru 6-20-99; DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 17-2000(Temp), f. 4-10-00, cert. ef. 4-16-00 thru 6-30-00; DFW 64-2000(Temp), f. 9-21-00, cert. ef. 9-22-00 thru 3-20-01; DFW 83-2000(Temp), f. 12-28-00, cert. ef. 1-1-01 thru 1-31-01; DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01; DFW 5-2001(Temp), f. 2-22-01, cert. ef. 2-24-01 thru 4-15-01; DFW 39-2001(Temp) f. 5-23-01, cert. ef. 5-26-01 thru 7-1-01; DFW 40-2001(Temp) f. & cert. ef. 5-24-01 thru 11-20-01; DFW 45-2001(Temp), f. 6-1-01, cert. ef. 6-2-01 thru 7-31-01; DFW 49-2001(Temp), f. 6-19-01, cert. ef. 6-22-01 thru 7-31-01; DFW 70-2001, f. & cert. ef. 8-10-01; DFW 71-2001(Temp), f. 8-10-01, cert. ef. 9-1-01 thru 12-31-01; DFW 96-2001(Temp), f. 10-4-01, cert. ef. 12-1-01 thru 12-31-01; DFW 122-2001(Temp), f. & cert. ef. 12-31-01 thru 5-31-02; DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02; DFW 26-2002, f. & cert. ef. 3-21-02; DFW 52-2002(Temp), f. 5-22-02, cert. ef. 5-26-02 thru 7-1-02; DFW 53-2002(Temp), f. 5-24-02, cert. ef. 5-26-02 thru 7-1-02; DFW 57-2002(Temp), f. & cert. ef. 5-30-02 thru 7-1-02; DFW 91-2002(Temp) f. 8-19-02, cert. ef 8-20-02 thru 11-1-02 (Suspended by DFW 101-2002(Temp), f. & cert. ef. 10-3-02 thru 11-1-02); DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03; DFW 44-2003(Temp), f. 5-23-03, cert. ef. 5-28-03 thru 7-1-03; DFW 48-2003(Temp), f. & cert. ef. 6-5-03 thru 7-1-03; DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04; DFW 40-2004(Temp), f. 5-7-04, cert. ef. 5-13-04 thru 7-1-04; DFW 46-2004(Temp), f. 5-21-04, cert. ef. 5-22-04 thru 7-1-04; DFW 55-2004(Temp), f. 6-16-04, cert. ef. 6-19-04 thru 7-5-04; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 42-2005(Temp), f. & cert. ef. 5-13-05 thru 9-1-05; DFW 61-2005(Temp), f. 6-22-05, cert. ef. 6-25-05 thru 7-4-05; Administrative correction 7-20-05; DFW 99-2005(Temp), f. 8-24-05, cert. ef. 8-26-05 thru 9-30-05; Administrative correction 10-19-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 28-2006(Temp), f. & cert. ef. 5-15-06 thru 6-30-06; DFW 33-2006(Temp), f. 5-24-06, cert. ef. 5-25-06 thru 6-30-06; Administrative correction 7-21-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 12-2007(Temp), f. 2-28-07, cert. ef. 3-1-07 thru 8-27-07; DFW 30-2007(Temp), f. 5-9-07, cert. ef. 5-10-07 thru 9-30-07; DFW 34-2007(Temp), f. 5-25-07, cert. ef. 5-26-07 thru 9-30-07; Administrative correction 10-16-07; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 56-2008(Temp), f. 5-30-08, cert. ef. 5-31-08 thru 6-30-08; DFW 76-2008(Temp), f. & cert. ef. 7-9-08 thru 9-1-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 128-2009(Temp), f. 10-12-09, cert. ef. 10-18-09 thru 4-15-10; DFW 131-2009(Temp), f. 10-14-09, cert. ef. 10-18-09 thru 4-15-10; DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10; DFW 54-2010(Temp), f. 5-6-10, cert. ef. 5-22-10 thru 9-1-10; DFW 95-2010(Temp), f. 7-1-10, cert. ef. 7-11-10 thru 9-1-10; DFW 102-2010(Temp), f. 7-20-10, cert. ef 7-25-10 thru 9-1-10; Administrative correction 9-22-10; DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11; DFW 49-2011(Temp), f. 5-16-11, cert. ef. 5-28-11 thru 9-1-11; DFW 64-2011(Temp), f. 6-10-11, cert. ef. 6-13-11 thru 9-1-11; DFW 90-2011(Temp), f. & cert. ef. 7-11-11 thru 9-1-11; DFW 92-2011(Temp), f. 7-12-11, cert. ef. 7-16-11 thru 10-31-11; DFW 99-2011(Temp), f. 7-21-11, cert. ef. 7-23-11 thru 9-1-11; DFW 104-2011(Temp), f. 8-1-11, cert. ef. 8-7-11 thru 9-1-11; Administrative correction 9-23-11; DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 48-2012(Temp), f. 5-18-12, cert. ef. 5-23-12 thru 9-1-12; DFW 50-2012(Temp), f. 5-22-12, cert. ef. 5-24-12 thru 9-1-12; DFW 61-2012(Temp), f. & cert. ef. 6-11-12 thru 8-31-12; DFW 69-2012(Temp), f. 6-20-12, cert. ef. 6-22-12 thru 9-1-12


 

Rule Caption: Sport Chinook Fisheries On the Imnaha River Close.

Adm. Order No.: DFW 70-2012(Temp)

Filed with Sec. of State: 6-26-2012

Certified to be Effective: 6-27-12 thru 9-1-12

Notice Publication Date:

Rules Amended: 635-019-0090

Rules Suspended: 635-019-0090(T)

Subject: This amended rule closes the recreational spring Chinook fishery in the Imnaha River effective 11:59 p.m. Wednesday, June 27, 2012.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-019-0090

Inclusions and Modifications

(1) The 2012 Oregon Sport Fishing Regulations provide requirements for the Northeast Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the 2012 Oregon Sport Fishing Regulations.

(2) Lookingglass Creek from the Moses Creek Lane Bridge (County Road 42) to the confluence of Jarboe Creek is open to angling for adipose fin-clipped adult Chinook salmon from 12:01 a.m. Friday, June 22 through 11:59 p.m. Monday, June 25, 2012.

(a) The daily bag limit is two (2) adipose fin-clipped adult Chinook and five (5) adipose fin-clipped jacks; two daily limits in possession. It is illegal to continue fishing for jack Chinook once the adult bag limit is met.

(b) During the duration of the spring Chinook angling season, the area closure listed for Lookinglass Creek in the Northeast Zone Special Regulations is modified to: Lookingglass Creek closed between Jarboe Creek and 200 feet upstream of the hatchery water intake.

(c) Hook gap restrictions listed in the Northeast Zone Special Regulations for Lookingglass Creek are removed for the duration of the spring Chinook angling season.

(d) All other General, Statewide and Northeast Zone Regulations, as provided in the 2012 Oregon Sport Fishing Regulations, remain in effect.

(3) Catherine Creek from the Miller Lane Bridge to the Highway 203 Bridge, located upstream of Catherine Creek State Park, is open to angling for adipose fin-clipped adult Chinook salmon from May 26 until further notice.

(a) The daily bag limit is two (2) adipose fin-clipped adult Chinook and five (5) adipose fin-clipped jacks; two daily limits in possession. It is illegal to continue fishing for jack Chinook once the adult bag limit is met.

(b) All other General, Statewide and Northeast Zone Regulations, as provided in the 2012 Oregon Sport Fishing Regulations, remain in effect.

(4) The Imnaha River from the mouth to Summit Creek Bridge (River Mile 45) is open to angling for adipose fin-clipped adult Chinook salmon from June 9 until June 27, 2012.

(a) The daily bag limit is two (2) adipose fin-clipped adult Chinook and five (5) adipose fin-clipped jacks; two daily jack salmon limits in possession. It is illegal to continue fishing for jack Chinook once the adult bag limit is met.

(b) All other General, Statewide and Northeast Zone Regulations, as provided in the 2012 Oregon Sport Fishing Regulations, remain in effect.

(5) The Wallowa River from a deadline at the lower end of Minam State Park upstream to the confluence with the Lostine River is open to angling for adipose fin-clipped adult Chinook salmon from June 9 until further notice.

(a) The daily bag limit is two (2) adipose fin-clipped adult Chinook and five (5) adipose fin-clipped jacks; two daily jack salmon limits in possession. It is illegal to continue fishing for jack Chinook once the adult bag limit is met.

(b) All other General, Statewide and Northeast Zone Regulations, as provided in the 2012 Oregon Sport Fishing Regulations, remain in effect.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.138, 496.146 & 506.119
Stats. Implemented: 496.162 & 506.129
Hist.: FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94; FWC 57-1994(Temp), f. 8-30-94, cert. ef. 10-1-94; FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95; FWC 70-1995, f. 8-29-95, cert. ef. 9-1-95; FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96; FWC 27-1996(Temp), f. 5-24-96, cert. ef. 5-25-96; FWC 57-1996(Temp), f. 9-27-96, cert. ef. 10-1-96; FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97; FWC 26-1997(Temp), f. 4-23-97, cert. ef. 5-17-97; FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98; DFW 13-1998(Temp), f. & cert. ef. 2-26-98 thru 4-15-98; DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99; DFW 5-1999(Temp), f. 2-5-99, cert. ef. 2-6-99 thru 2-19-99; DFW 8-1999(Temp), f. & cert. ef. 2-23-99 thru 4-15-99; DFW 37-1999(Temp), f. 5-24-99, cert. ef. 5-29-99 thru 6-5-99; DFW 43-1999(Temp), f. & cert. ef. 6-10-99 thru 6-13-99; DFW 45-1999(Temp), f. & cert. ef. 6-14-99 thru 6-20-99; DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 17-2000(Temp), f. 4-10-00, cert. ef. 4-16-00 thru 6-30-00; DFW 64-2000(Temp), f. 9-21-00, cert. ef. 9-22-00 thru 3-20-01; DFW 83-2000(Temp), f. 12-28-00, cert. ef. 1-1-01 thru 1-31-01; DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01; DFW 5-2001(Temp), f. 2-22-01, cert. ef. 2-24-01 thru 4-15-01; DFW 39-2001(Temp) f. 5-23-01, cert. ef. 5-26-01 thru 7-1-01; DFW 40-2001(Temp) f. & cert. ef. 5-24-01 thru 11-20-01; DFW 45-2001(Temp), f. 6-1-01, cert. ef. 6-2-01 thru 7-31-01; DFW 49-2001(Temp), f. 6-19-01, cert. ef. 6-22-01 thru 7-31-01; DFW 70-2001, f. & cert. ef. 8-10-01; DFW 71-2001(Temp), f. 8-10-01, cert. ef. 9-1-01 thru 12-31-01; DFW 96-2001(Temp), f. 10-4-01, cert. ef. 12-1-01 thru 12-31-01; DFW 122-2001(Temp), f. & cert. ef. 12-31-01 thru 5-31-02; DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02; DFW 26-2002, f. & cert. ef. 3-21-02; DFW 52-2002(Temp), f. 5-22-02, cert. ef. 5-26-02 thru 7-1-02; DFW 53-2002(Temp), f. 5-24-02, cert. ef. 5-26-02 thru 7-1-02; DFW 57-2002(Temp), f. & cert. ef. 5-30-02 thru 7-1-02; DFW 91-2002(Temp) f. 8-19-02, cert. ef 8-20-02 thru 11-1-02 (Suspended by DFW 101-2002(Temp), f. & cert. ef. 10-3-02 thru 11-1-02); DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03; DFW 44-2003(Temp), f. 5-23-03, cert. ef. 5-28-03 thru 7-1-03; DFW 48-2003(Temp), f. & cert. ef. 6-5-03 thru 7-1-03; DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04; DFW 40-2004(Temp), f. 5-7-04, cert. ef. 5-13-04 thru 7-1-04; DFW 46-2004(Temp), f. 5-21-04, cert. ef. 5-22-04 thru 7-1-04; DFW 55-2004(Temp), f. 6-16-04, cert. ef. 6-19-04 thru 7-5-04; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 42-2005(Temp), f. & cert. ef. 5-13-05 thru 9-1-05; DFW 61-2005(Temp), f. 6-22-05, cert. ef. 6-25-05 thru 7-4-05; Administrative correction 7-20-05; DFW 99-2005(Temp), f. 8-24-05, cert. ef. 8-26-05 thru 9-30-05; Administrative correction 10-19-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 28-2006(Temp), f. & cert. ef. 5-15-06 thru 6-30-06; DFW 33-2006(Temp), f. 5-24-06, cert. ef. 5-25-06 thru 6-30-06; Administrative correction 7-21-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 12-2007(Temp), f. 2-28-07, cert. ef. 3-1-07 thru 8-27-07; DFW 30-2007(Temp), f. 5-9-07, cert. ef. 5-10-07 thru 9-30-07; DFW 34-2007(Temp), f. 5-25-07, cert. ef. 5-26-07 thru 9-30-07; Administrative correction 10-16-07; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 56-2008(Temp), f. 5-30-08, cert. ef. 5-31-08 thru 6-30-08; DFW 76-2008(Temp), f. & cert. ef. 7-9-08 thru 9-1-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 128-2009(Temp), f. 10-12-09, cert. ef. 10-18-09 thru 4-15-10; DFW 131-2009(Temp), f. 10-14-09, cert. ef. 10-18-09 thru 4-15-10; DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10; DFW 54-2010(Temp), f. 5-6-10, cert. ef. 5-22-10 thru 9-1-10; DFW 95-2010(Temp), f. 7-1-10, cert. ef. 7-11-10 thru 9-1-10; DFW 102-2010(Temp), f. 7-20-10, cert. ef 7-25-10 thru 9-1-10; Administrative correction 9-22-10; DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11; DFW 49-2011(Temp), f. 5-16-11, cert. ef. 5-28-11 thru 9-1-11; DFW 64-2011(Temp), f. 6-10-11, cert. ef. 6-13-11 thru 9-1-11; DFW 90-2011(Temp), f. & cert. ef. 7-11-11 thru 9-1-11; DFW 92-2011(Temp), f. 7-12-11, cert. ef. 7-16-11 thru 10-31-11; DFW 99-2011(Temp), f. 7-21-11, cert. ef. 7-23-11 thru 9-1-11; DFW 104-2011(Temp), f. 8-1-11, cert. ef. 8-7-11 thru 9-1-11; Administrative correction 9-23-11; DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 48-2012(Temp), f. 5-18-12, cert. ef. 5-23-12 thru 9-1-12; DFW 50-2012(Temp), f. 5-22-12, cert. ef. 5-24-12 thru 9-1-12; DFW 61-2012(Temp), f. & cert. ef. 6-11-12 thru 8-31-12; DFW 69-2012(Temp), f. 6-20-12, cert. ef. 6-22-12 thru 9-1-12; DFW 70-2012(Temp), f. 6-26-12, cert. ef. 6-27-12 thru 9-1-12


 

Rule Caption: Trask River Angling Regulations Modified Effective July 1, 2012.

Adm. Order No.: DFW 71-2012(Temp)

Filed with Sec. of State: 6-27-2012

Certified to be Effective: 7-1-12 thru 11-30-12

Notice Publication Date:

Rules Amended: 635-014-0090

Rules Suspended: 635-014-0090(T)

Subject: These rule modifications delay the spring Chinook fishery closure at the Trask River Hatchery Hole from June 1 until August 1, 2012 in order to allow anglers greater opportunity to harvest hatchery spring Chinook by extending the season 200 feet upstream and 900 feet downstream of the hatchery. Further modifications reduce the ability of anglers to employ illegitimate snagging methods in a segment of the Trask River and Three Rivers by imposing more restrictive gear regulations during the later portion of the spring Chinook angling season.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-014-0090

Inclusions and Modifications

(1) The 2012 Oregon Sport Fishing Regulations provide requirements for the Northwest Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the 2012 Oregon Sport Fishing Regulations pamphlet.

(2) Notwithstanding all other requirements provided in the 2012 Oregon Sport Fishing Regulations pamphlet, the following additional rules apply to adult salmon angling in waters of the Northwest Zone:

(a)(A) All waters of the Necanicum River Basin, Nehalem River Basin (including North Fork), Tillamook Bay Basin, (including the Miami, Kilchis, Wilson, Trask, and Tillamook rivers), and the Nestucca River Basin (including the Little Nestucca and Three Rivers) and Salmon River that are open for Chinook salmon are limited to no more than 1 adult non fin-clipped Chinook salmon per day, or 2 adult non finclipped Chinook salmon per day from the Siletz or Yaquina rivers, and 10 adult non fin-clipped Chinook salmon in the seasonal aggregate when combined with all other waters in the Northwest Zone and all state waters terminal area seasons in the Marine Zone with a 10 adult non fin-clipped Chinook salmon seasonal aggregate limit. Seasonal aggregate applies to all adult non fin-clipped Chinook salmon retained between August 1 and December 31 except in the Nehalem Basin where the seasonal aggregate applies to all adult non fin-clipped Chinook salmon retained between July 1 and December 31 and except in the Tillamook Terminal Area where the seasonal aggregate applies to all adult non fin-clipped Chinook salmon retained between October 1–31.

(B) The Trask River will be closed from Gold Creek, at the hatchery, 200 feet upstream and 900 feet downstream August 1 through November 30, 2012; and for the Trask River segment from Cedar Creek wooden boat slide (RM 10.9) downstream to Loren’s Drift wooden boat slide (RM 9.0) from June 1 to July 31 angling is restricted to fly angling and bobber angling only.

(i) Bobber angling gear must include a bobber and a leader no longer than 36-inches in length. Any weight (except the bobber) may be no more than 36-inches from the lowermost hook when suspended vertically. The leader below the bobber must remain suspended in the water column and not resting on the river bottom.

(ii) For purposes of this rule, a bobber is a hook-less, floating device that is attached to or slides along the mainline or leader above the hook(s) for the purpose of suspending hook(s) (which are part of the bait, lure or fly) off the bottom of the stream and visually signaling (from the surface of the water) a fish’s strike at the hook(s).

(iii) For purposes of this rule, a leader is a section of line, other than the mainline, extending from the lowermost hook (part of bait, lure, or fly) to the first swivel, weight, bobber, or any other attachment.

(b) Within the Nehalem Basin (including the North Fork) the following additional rules apply:

(A) Mainstem (bay) closed to all salmon and steelhead angling seaward from a line extending from Nehalem Bay State Park Boat Ramp to Fishery Point July 1 through September 14 and closed to all Chinook salmon angling upstream of Peterson Creek (RM 10.2) July 1 through December 31.

(B) Nehalem tidewater from the jetty tips upstream to Peterson Creek (RM 10.2) on South Fork and North Fork Road Bridge on the North Fork is open for non adipose fin-clipped coho salmon from September 15 through the earlier of November 30 or attainment of an adult coho salmon quota of 1,200 non adipose fin-clipped coho salmon.

(C) The daily catch limit may include one adult non adipose fin-clipped coho salmon per day and one non adipose fin-clipped jack coho salmon per day, and no more than 2 total adult non adipose fin-clipped coho salmon in the seasonal aggregate from all waters in the Northwest Zone and Southwest Zone with a 2 adult non adipose fin-clipped coho salmon seasonal aggregate limit.

(c) Within the Tillamook Bay Basin the following additional rules apply:

(A) Tillamook Bay tidewater from the jetty tips upstream to Hwy. 101 Bridge on Miami, Kilchis, Wilson, and Trask rivers and Burton Bridge on Tillamook River is open for non adipse fin-clipped coho salmon from September 15 through the earlier of November 30 or attainment of an adult coho salmon quota of 600 non adipose fin-clipped coho salmon.

(B) The daily catch limit may include one adult non adipose fin-clipped coho salmon per day and one non adipose fin-clipped jack coho salmon per day, and no more than 1 total adult non adipose fin-clipped coho salmon in the seasonal aggregate from all waters in the Northwest Zone and Southwest Zone with a 1 adult non adipose fin-clipped coho salmon seasonal aggregate limit.

(d) Within the Nestucca Basin (including the Little Nestucca River and Three Rivers) the following rules apply:

(A) Mainstem Nestucca upstream of First Bridge (RM 15.8) near Beaver closed to all Chinook angling August 1 through December 31.

(B) Nestucca Bay tidewater (excluding Little Nestucca tidewater) from the bay mouth upstream to the Cloverdale Bridge (RM 7.1) is open for non adipose fin-clipped coho salmon from September 15 through the earlier of November 30 or attainment of an adult coho salmon quota of 200 non adipose fin-clipped coho salmon.

(C) The daily catch limit may include one adult non adipose fin-clipped coho salmon per day and one non adipose fin-clipped jack coho salmon per day, and no more than 1 total adult non adipose fin-clipped coho salmon in the seasonal aggregate from all waters in the Northwest Zone and Southwest Zone with a 1 adult non adipose fin-clipped coho salmon seasonal aggregate limit.

(e) Within the Siletz River Basin the following additional rules apply:

(A) Mainstem and tributaries above Ojalla Bridge (RM 31) closed to Chinook August 1–December 31; Drift Creek (Siletz River Basin) upstream of the confluence with Quarry Creek at RM 8 is closed for Chinook salmon from August 1 through December 31;

(B) Siletz River and Bay upstream to Ojalla Bridge (RM 31) is open for non adipose fin-clipped coho salmon from September 15 through the earlier of November 30 or attainment of an adult coho salmon quota of 700 non adipose fin-clipped coho salmon; and

(C) The daily catch limit may include one adult non adipose fin-clipped coho salmon per day and one non adipose fin-clipped jack coho salmon per day, and no more than 5 total adult non adipose fin-clipped coho salmon in the seasonal aggregate from all waters in the Northwest Zone and Southwest Zone.

(f) Within the Yaquina River Basin the following additional rules apply:

(A) All waters of the Yaquina River upstream of the confluence of the Yaquina River and Big Elk Creek at RM 18.3 and all waters of Big Elk Creek (Yaquina River Basin) are closed for Chinook salmon from August 1 through December 31;

(B) The Yaquina River and Bay upstream to the confluence of the Yaquina River and Big Elk Creek are open for non adipose fin-clipped coho salmon from September 15 through the earlier of November 30 or attainment of an adult coho salmon quota of 575 non adipose fin-clipped coho salmon; and

(C) The daily catch limit may include one adult non adipose fin-clipped coho salmon per day and one non adipose fin-clipped jack coho salmon per day, and no more than 5 total adult non adipose fin-clipped coho salmon in the seasonal aggregate from all waters in the Northwest Zone and Southwest Zone.

(g) Within the Alsea River Basin the following additional rules apply:

(A) All waters of Drift Creek (Alsea River Basin) within the Drift Creek Wilderness Area and upstream are closed for Chinook salmon from August 1 through December 31;

(B) All waters of the Alsea River upstream of the confluence with Five Rivers at RM 21 are closed for Chinook salmon from August 1 through December 31;

(C) All waters of Five Rivers are closed for Chinook salmon from August 1 through December 31.

(D) The Alsea River and Bay upstream to the confluence of the Alsea River and Five Rivers are open for non adipose fin-clipped coho salmon from September 15 through the earlier of November 30 or attainment of an adult coho salmon quota of 675 non adipose fin-clipped coho salmon; and

(E) The daily catch limit may include one adult non adiopose fin-clipped coho salmon per day and one non adipose fin-clipped jack coho salmon per day, and no more than 5 total adult non adipose fin-clipped coho salmon in the seasonal aggregate from all waters in the Northwest Zone and Southwest Zone.

(h) Within the Siuslaw River Basin the following additional rules apply:

(A) All waters of the Siuslaw River upstream of the confluence with Lake Creek at RM 30.0 are closed for Chinook salmon from August 1 through December 31;

(B) All waters of Lake Creek are closed for Chinook salmon August 1 through December 31 and all waters of Lake Creek downstream of Fish Creek are closed to all angling from September 1 through November 30;

(C) The Siuslaw River and Bay upstream to the confluence of the Siuslaw River and Lake Creek are open for non adipose fin-clipped coho salmon from September 15 through the earlier of November 30 or attainment of an adult coho salmon quota of 900 non adipose fin-clipped coho salmon; and

(D) The daily catch limit may include one adult non adipose fin-clipped coho salmon per day and one non adipose fin-clipped jack coho salmon per day, and no more than 5 total adult non adipose fin-clipped coho salmon in the seasonal aggregate from all waters in the Northwest Zone and Southwest Zone.

Stat. Auth.: ORS 496.138, 496.146, 497.121 & 506.119
Stats. Implemented: ORS 496.004, 496.009, 496.162 & 506.129
Hist.: FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94; FWC 21-1994(Temp), f. 4-22-94, cert. ef. 4-25-94; FWC 31-1994, f. 5-26-94, cert. ef. 6-20-94; FWC 65-1994(Temp), f. 9-15-94, cert. ef. 9-17-94; FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95; FWC 28-1995(Temp), f. 3-31-95, cert. ef. 5-1-95; FWC 34-1995, f. & cert. ef. 5-1-95; FWC 39-1995, f. 5-10-95, cert. ef. 5-12-95; FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96; FWC 19-1996, f. & cert. ef. 5-16-96; FWC 20-1996, f. & cert. ef. 4-29-96; FWC 29-1996, f. & cert. ef. 5-31-96; FWC 46-1996, f. & cert. ef. 8-23-96; FWC 55-1996(Temp), f. 9-25-96, cert. ef. 10-1-96; FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97; FWC 73-1996(Temp), f. 12-31-96, cert. ef. 1-1-97; FWC 5-1997, f. & cert. ef. 2-4-97; FWC 30-1997, f. & cert. ef. 5-5-97; FWC 58-1997, f. 9-8-97, cert. ef. 10-1-97; FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98; DFW 12-1998(Temp), f. & cert. ef. 2-24-98 thru 4-24-98; DFW 34-1998, f. & cert. ef. 5-4-98; DFW 69-1998, f. 8-28-98, cert. ef. 9-1-98; DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99; DFW 36-1999, f. & cert. ef. 5-20-99; DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 24-2000, f. 4-28-00, cert. ef. 5-1-00; DFW 83-2000(Temp), f. 12-28-00, cert. ef. 1-1-01 thru 1-31-01; DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01; DFW 28-2001, f. & cert. ef. 5-1-01; DFW 40-2001(Temp) f. & cert. ef. 5-24-01 thru 11-20-01; DFW 72-2001(Temp), f. 8-10-01, cert. ef. 8-16-01 thru 12-31-01; DFW 81-2001, f. & cert. ef. 8-29-01; DFW 85-2001(Temp), f. & cert. ef. 8-30-01 thru 12-31-01; DFW 90-2001(Temp), f. 9-14-01, cert. ef. 9-15-01 thru 12-31-01; DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02; DFW 5-2002(Temp) f. 1-11-02 cert. ef. 1-12-02 thru 7-11-02; DFW 26-2002, f. & cert. ef. 3-21-02; DFW 37-2002, f. & cert. ef. 4-23-02; DFW 91-2002(Temp) f. 8-19-02, cert. ef 8-20-02 thru 11-1-02 (Suspended by DFW 101-2002(Temp), f. & cert. ef. 10-3-02 thru 11-1-02); DFW 118-2002(Temp), f, 10-22-02, cert. ef. 12-1-02 thru 3-31-03; DFW 120-2002(Temp), f. 10-24-02, cert. ef. 10-26-02 thru 3-31-03; DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03; DFW 18-2003(Temp) f. 2-28-03, cert. ef. 3-1-03 thru 4-30-03; DFW 38-2003(Temp), f. 5-7-03, cert. ef. 5-10-03 thru 10-31-03; DFW 51-2003(Temp), f. & cert. ef. 6-13-03 thru 10-31-03; DFW 90-2003(Temp), f. 9-12-03 cert. ef. 9-13-03 thru 12-31-03; DFW 108-2003(Temp), f. 10-28-03, cert. ef. 12-1-03 thru 3-31-04; DFW 123-2003(Temp), f. 12-10-03, cert. ef. 12-11-03 thru 12-31-03; DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04; DFW 126-2003(Temp), f. 12-11-03, cert. ef. 1-1-04 thru 3-31-04; DFW 60-2004(Temp), f. 6-29-04, cert. ef 7-1-04 thru 7-15-04; DFW 90-2004(Temp), f. 8-30-04, cert. ef. 10-1-04 thru 12-31-04; DFW 103-2004(Temp), f. & cert, ef, 10-4-04 thru 12-31-04; DFW 108-2004(Temp), f. & cert. ef. 10-18-04 thru 12-31-04; DFW 111-2004(Temp), f. 11-16-04, cert. ef. 11-20-04 thru 12-31-04; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 62-2005(Temp), f. 6-29-05, cert. ef. 7-1-05 thru 7-10-05; Administrative correction 7-20-05; DFW 105-2005(Temp), f. 9-12-05, cert. ef. 10-1-05 thru 12-15-05; DFW 127-2005(Temp), f. & cert. ef. 11-23-05 thru 12-31-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 53-2006(Temp), f. 6-29-06, cert. ef. 7-1-06 thru 7-9-06; Administrative correction 7-20-06; DFW 64-2006(Temp), f. 7-17-06, cert. ef. 8-1-06 thru 12-31-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 104-2006(Temp), f. 9-19-06, cert. ef. 10-1-06 thru 12-31-06; DFW 24-2007, f. 4-16-07, cert. ef. 5-1-07; DFW 63-2007(Temp), f. 8-6-07, cert. ef. 8-11-07 thru 12-31-07; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 25-2008(Temp), f. 3-13-08, cert. ef. 3-15-08 thru 9-10-08; DFW 67-2008(Temp), f. 6-20-08, cert. ef. 8-1-08 thru 12-31-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 43-2009(Temp), f. 5-5-09, cert. ef. 5-22-09 thru 10-31-09; DFW 67-2009(Temp), f. 6-9-09, cert. ef. 6-15-09 thru 10-31-09; DFW 87-2009(Temp), f. 7-31-09, cert. ef. 8-1-09 thru 12-31-09; DFW 99-2009(Temp), f. 8-26-09, cert. ef. 9-1-09 thru 12-31-09; DFW 115-2009(Temp), f. & cert. ef. 9-22-09 thru 12-31-09; DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10; DFW 44-2010(Temp), f. 4-20-10, cert. ef. 4-21-10 thru 9-30-10; DFW 73-2010(Temp), f. 5-27-10, cert. ef. 6-1-10 thru 9-30-10; DFW 76-2010, f. 6-8-10, cert. ef. 8-1-10; DFW 89-2010(Temp), f. 6-28-10, cert. ef. 7-1-10 thru 9-30-10; Administrative correction 10-26-10; DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11; DFW 57-2011(Temp), f. 5-27-11, cert. ef. 6-1-11 thru 6-30-11; DFW 83-2011, f. 6-30-11, cert. ef. 7-1-11; DFW 139-2011(Temp), f. 10-3-11, cert. ef. 10-6-11 thru 12-31-11; DFW 141-2011(Temp), f. 10-6-11, cert. ef. 10-10-11 thru 12-31-11; DFW 143-2011(Temp), f. 10-10-11, cert. ef. 10-11-11 thru 12-31-11; DFW 148-2011(Temp), f. 10-20-11, cert. ef. 10-21-11 thru 12-31-11; DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 53-2012(Temp), f. 5-29-12, cert. ef. 6-1-12 thru 10-31-12; DFW 62-2012, f. 6-12-12, cert. ef. 7-1-12; DFW 63-2012(Temp), f. & cert. ef. 6-12-12 thru 10-31-12; DFW 71-2012(Temp), f. 6-27-12, cert. ef. 7-1-12 thru 11-30-12


 

Rule Caption: Sport Chinook Fisheries on Catherine Creek Close.

Adm. Order No.: DFW 72-2012(Temp)

Filed with Sec. of State: 6-29-2012

Certified to be Effective: 7-1-12 thru 8-31-12

Notice Publication Date:

Rules Amended: 635-019-0090

Rules Suspended: 635-019-0090(T)

Subject: This amended rule closes the recreational spring Chinook fishery on Catherine Creek effective 12:01 a.m. Sunday, July 1, 2012.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-019-0090

Inclusions and Modifications

(1) The 2012 Oregon Sport Fishing Regulations provide requirements for the Northeast Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the 2012 Oregon Sport Fishing Regulations.

(2) Lookingglass Creek from the Moses Creek Lane Bridge (County Road 42) to the confluence of Jarboe Creek is open to angling for adipose fin-clipped adult Chinook salmon from 12:01 a.m. Friday, June 22 through 11:59 p.m. Monday, June 25, 2012.

(a) The daily bag limit is two (2) adipose fin-clipped adult Chinook and five (5) adipose fin-clipped jacks; two daily limits in possession. It is illegal to continue fishing for jack Chinook once the adult bag limit is met.

(b) During the duration of the spring Chinook angling season, the area closure listed for Lookinglass Creek in the Northeast Zone Special Regulations is modified to: Lookingglass Creek closed between Jarboe Creek and 200 feet upstream of the hatchery water intake.

(c) Hook gap restrictions listed in the Northeast Zone Special Regulations for Lookingglass Creek are removed for the duration of the spring Chinook angling season.

(d) All other General, Statewide and Northeast Zone Regulations, as provided in the 2012 Oregon Sport Fishing Regulations, remain in effect.

(3) Catherine Creek from the Miller Lane Bridge to the Highway 203 Bridge, located upstream of Catherine Creek State Park, is open to angling for adipose fin-clipped adult Chinook salmon from May 26 through June 30, 2012.

(a) The daily bag limit is two (2) adipose fin-clipped adult Chinook and five (5) adipose fin-clipped jacks; two daily limits in possession. It is illegal to continue fishing for jack Chinook once the adult bag limit is met.

(b) All other General, Statewide and Northeast Zone Regulations, as provided in the 2012 Oregon Sport Fishing Regulations, remain in effect.

(4) The Imnaha River from the mouth to Summit Creek Bridge (River Mile 45) is open to angling for adipose fin-clipped adult Chinook salmon from June 9 until June 27, 2012.

(a) The daily bag limit is two (2) adipose fin-clipped adult Chinook and five (5) adipose fin-clipped jacks; two daily jack salmon limits in possession. It is illegal to continue fishing for jack Chinook once the adult bag limit is met.

(b) All other General, Statewide and Northeast Zone Regulations, as provided in the 2012 Oregon Sport Fishing Regulations, remain in effect.

(5) The Wallowa River from a deadline at the lower end of Minam State Park upstream to the confluence with the Lostine River is open to angling for adipose fin-clipped adult Chinook salmon from June 9 until further notice.

(a) The daily bag limit is two (2) adipose fin-clipped adult Chinook and five (5) adipose fin-clipped jacks; two daily jack salmon limits in possession. It is illegal to continue fishing for jack Chinook once the adult bag limit is met.

(b) All other General, Statewide and Northeast Zone Regulations, as provided in the 2012 Oregon Sport Fishing Regulations, remain in effect.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.138, 496.146 & 506.119
Stats. Implemented: 496.162 & 506.129
Hist.: FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94; FWC 57-1994(Temp), f. 8-30-94, cert. ef. 10-1-94; FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95; FWC 70-1995, f. 8-29-95, cert. ef. 9-1-95; FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96; FWC 27-1996(Temp), f. 5-24-96, cert. ef. 5-25-96; FWC 57-1996(Temp), f. 9-27-96, cert. ef. 10-1-96; FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97; FWC 26-1997(Temp), f. 4-23-97, cert. ef. 5-17-97; FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98; DFW 13-1998(Temp), f. & cert. ef. 2-26-98 thru 4-15-98; DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99; DFW 5-1999(Temp), f. 2-5-99, cert. ef. 2-6-99 thru 2-19-99; DFW 8-1999(Temp), f. & cert. ef. 2-23-99 thru 4-15-99; DFW 37-1999(Temp), f. 5-24-99, cert. ef. 5-29-99 thru 6-5-99; DFW 43-1999(Temp), f. & cert. ef. 6-10-99 thru 6-13-99; DFW 45-1999(Temp), f. & cert. ef. 6-14-99 thru 6-20-99; DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 17-2000(Temp), f. 4-10-00, cert. ef. 4-16-00 thru 6-30-00; DFW 64-2000(Temp), f. 9-21-00, cert. ef. 9-22-00 thru 3-20-01; DFW 83-2000(Temp), f. 12-28-00, cert. ef. 1-1-01 thru 1-31-01; DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01; DFW 5-2001(Temp), f. 2-22-01, cert. ef. 2-24-01 thru 4-15-01; DFW 39-2001(Temp) f. 5-23-01, cert. ef. 5-26-01 thru 7-1-01; DFW 40-2001(Temp) f. & cert. ef. 5-24-01 thru 11-20-01; DFW 45-2001(Temp), f. 6-1-01, cert. ef. 6-2-01 thru 7-31-01; DFW 49-2001(Temp), f. 6-19-01, cert. ef. 6-22-01 thru 7-31-01; DFW 70-2001, f. & cert. ef. 8-10-01; DFW 71-2001(Temp), f. 8-10-01, cert. ef. 9-1-01 thru 12-31-01; DFW 96-2001(Temp), f. 10-4-01, cert. ef. 12-1-01 thru 12-31-01; DFW 122-2001(Temp), f. & cert. ef. 12-31-01 thru 5-31-02; DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02; DFW 26-2002, f. & cert. ef. 3-21-02; DFW 52-2002(Temp), f. 5-22-02, cert. ef. 5-26-02 thru 7-1-02; DFW 53-2002(Temp), f. 5-24-02, cert. ef. 5-26-02 thru 7-1-02; DFW 57-2002(Temp), f. & cert. ef. 5-30-02 thru 7-1-02; DFW 91-2002(Temp) f. 8-19-02, cert. ef 8-20-02 thru 11-1-02 (Suspended by DFW 101-2002(Temp), f. & cert. ef. 10-3-02 thru 11-1-02); DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03; DFW 44-2003(Temp), f. 5-23-03, cert. ef. 5-28-03 thru 7-1-03; DFW 48-2003(Temp), f. & cert. ef. 6-5-03 thru 7-1-03; DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04; DFW 40-2004(Temp), f. 5-7-04, cert. ef. 5-13-04 thru 7-1-04; DFW 46-2004(Temp), f. 5-21-04, cert. ef. 5-22-04 thru 7-1-04; DFW 55-2004(Temp), f. 6-16-04, cert. ef. 6-19-04 thru 7-5-04; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 42-2005(Temp), f. & cert. ef. 5-13-05 thru 9-1-05; DFW 61-2005(Temp), f. 6-22-05, cert. ef. 6-25-05 thru 7-4-05; Administrative correction 7-20-05; DFW 99-2005(Temp), f. 8-24-05, cert. ef. 8-26-05 thru 9-30-05; Administrative correction 10-19-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 28-2006(Temp), f. & cert. ef. 5-15-06 thru 6-30-06; DFW 33-2006(Temp), f. 5-24-06, cert. ef. 5-25-06 thru 6-30-06; Administrative correction 7-21-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 12-2007(Temp), f. 2-28-07, cert. ef. 3-1-07 thru 8-27-07; DFW 30-2007(Temp), f. 5-9-07, cert. ef. 5-10-07 thru 9-30-07; DFW 34-2007(Temp), f. 5-25-07, cert. ef. 5-26-07 thru 9-30-07; Administrative correction 10-16-07; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 56-2008(Temp), f. 5-30-08, cert. ef. 5-31-08 thru 6-30-08; DFW 76-2008(Temp), f. & cert. ef. 7-9-08 thru 9-1-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 128-2009(Temp), f. 10-12-09, cert. ef. 10-18-09 thru 4-15-10; DFW 131-2009(Temp), f. 10-14-09, cert. ef. 10-18-09 thru 4-15-10; DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10; DFW 54-2010(Temp), f. 5-6-10, cert. ef. 5-22-10 thru 9-1-10; DFW 95-2010(Temp), f. 7-1-10, cert. ef. 7-11-10 thru 9-1-10; DFW 102-2010(Temp), f. 7-20-10, cert. ef 7-25-10 thru 9-1-10; Administrative correction 9-22-10; DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11; DFW 49-2011(Temp), f. 5-16-11, cert. ef. 5-28-11 thru 9-1-11; DFW 64-2011(Temp), f. 6-10-11, cert. ef. 6-13-11 thru 9-1-11; DFW 90-2011(Temp), f. & cert. ef. 7-11-11 thru 9-1-11; DFW 92-2011(Temp), f. 7-12-11, cert. ef. 7-16-11 thru 10-31-11; DFW 99-2011(Temp), f. 7-21-11, cert. ef. 7-23-11 thru 9-1-11; DFW 104-2011(Temp), f. 8-1-11, cert. ef. 8-7-11 thru 9-1-11; Administrative correction 9-23-11; DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 48-2012(Temp), f. 5-18-12, cert. ef. 5-23-12 thru 9-1-12; DFW 50-2012(Temp), f. 5-22-12, cert. ef. 5-24-12 thru 9-1-12; DFW 61-2012(Temp), f. & cert. ef. 6-11-12 thru 8-31-12; DFW 69-2012(Temp), f. 6-20-12, cert. ef. 6-22-12 thru 9-1-12; DFW 70-2012(Temp), f. 6-26-12, cert. ef. 6-27-12 thru 9-1-12; DFW 72-2012(Temp), f. 6-29-12, cert. ef. 7-1-12 thru 8-31-12


 

Rule Caption: Columbia River Recreational Sturgeon Fisheries Downstream of the Wauna Powerlines Close.

Adm. Order No.: DFW 73-2012(Temp)

Filed with Sec. of State: 6-29-2012

Certified to be Effective: 7-1-12 thru 8-31-12

Notice Publication Date:

Rules Amended: 635-023-0095

Rules Suspended: 635-023-0095(T)

Subject: This amended rule establishes a replacement for the “Skamania island” boundary which was removed by acts of nature. Further modifications close the ongoing recreational sturgeon fishery in the Columbia River, below the Wauna powerlines four (4) days earlier than previously scheduled, effective 12:01 a.m. Thursday, July 5, 2012, due to the anticipated attainment of the pre-season harvest guideline. Modifications are consistent with action taken June 28, 2012 by the Columbia River Compact agencies of Oregon and Washington.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-023-0095

Sturgeon Season

(1) The 2012 Oregon Sport Fishing Regulations provide requirements for the Columbia River Zone and the Snake River Zone. However, additional regulations may be adopted in this rule division from time to time, and, to the extent of any inconsistency, they supersede the 2012 Oregon Sport Fishing Regulations.

(2) The mainstem Columbia River from Wauna powerlines (River Mile 40) upstream to Bonneville Dam, excluding the lower Willamette River upstream to Willamette Falls, Multnomah Channel, and the Gilbert River, is open to the retention of white sturgeon with a fork length of 38–54 inches, three days per week, Thursdays through Saturdays, during the following periods:

(a) January 1 through July 31; and

(b) October 20 through December 31.

(3) The retention of white sturgeon in the area identified in section (2) of this rule is prohibited August 1 through October 19.

(4) The mainstem Columbia River from Wauna powerlines (River Mile 40) downstream to the mouth at Buoy 10, including Youngs Bay is open to the retention of white sturgeon seven days per week during the following periods:

(a) January 1 through April 30;

(b) May 12 through July 4.

(5) The retention of white sturgeon in the area identified in section (4) of this rule is prohibited May 1 through May 11 and July 9 through December 31.

(6) During the fishing period as identified in subsection (4)(a) and section (9) of this rule, only white sturgeon with a fork length of 38–54 inches may be retained.

(7) During the fishing periods as identified in subsection (4)(b) of this rule, only white sturgeon with a fork length of 41-54 inches may be retained.

(8) Angling for sturgeon is prohibited from:

(a) Bonneville Dam downstream 9 miles to a line crossing the Columbia River from Navigation Marker 82 on the Oregon shore westerly to a boundary marker on the Washington shore upstream of Fir Point from May 1 through August 31;

(b) Highway 395 Bridge upstream to McNary Dam; and

(c) From the west end of the grain silo at Rufus upstream to John Day Dam during May 1 through July 31.

(d) The upper and lower ends of Sand Island and corresponding markers on the Oregon shoreline (slough at Rooster Rock State Park) from January 1 through April 30.

(9) Effective 12:01 a.m. Sunday, June 24, 2012 the retention of white sturgeon in Bonneville Reservoir and adjacent tributaries is prohibited.

(10) Effective 12:01 a.m. Monday May 21, 2012 the retention of white sturgeon in the John Day Pool and adjacent tributaries is prohibited.

(11) The mainstem Columbia River from McNary Dam upstream to the Oregon-Washington border at river mile 309.5 is open to retention of white sturgeon with a fork length of 43-54 inches, seven days per week from February 1 through July 31.

(12) The retention of white sturgeon in the area identified in section (11) of this rule is prohibited August 1 through January 31.

(13) Retention of green sturgeon is prohibited all year in all areas.

Stat. Auth.: ORS 183.325, 506.109 & 506.119
Stats. Implemented: ORS 506.129 & 507.030
Hist.: DFW 129-2004(Temp), f. 12-23-04, cert. ef 1-1-05 thru 2-28-05; DFW 6-2005, f. & cert. ef. 2-14-05; DFW 22-2005(Temp), f. 4-1-05, cert. ef. 4-30-05 thru 7-31-05; DFW 50-2005(Temp), f. 6-3-05, cert. ef. 6-11-05 thru 11-30-05; DFW 60-2005(Temp), f. 6-21-05, cert. ef. 6-24-05 thru 12-21-05; DFW 65-2005(Temp), f. 6-30-05, cert. ef. 7-10-05 thru 12-31-05; DFW 76-2005(Temp), f. 7-14-05, cert. ef. 7-18-05 thru 12-31-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 145-2005(Temp), f. 12-21-05, cert. ef. 1-1-06 thru 3-31-06; DFW 5-2006, f. & cert. ef. 2-15-06; DFW 19-2006(Temp), f. 4-6-06, cert. ef. 4-8-06 thru 7-31-06; DFW 54-2006(Temp), f. 6-29-06, cert. ef. 7-1-06 thru 12-27-06; DFW 62-2006(Temp), f. 7-13-06, cert. ef. 7-24-06 thru 12-31-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 131-2006(Temp), f. 12-20-06, cert. ef. 1-1-07 thru 6-29-07; DFW 7-2007(Temp), f. 1-31-07, cert. ef. 2-1-07 thru 7-30-07; DFW 9-2007, f. & cert. ef. 2-14-07; DFW 20-2007(Temp), f. 3-26-07, cert. ef. 3-28-07 thru 7-30-07; DFW 38-2007(Temp), f. & cert. ef. 5-31-07 thru 11-26-07; DFW 59-2007(Temp), f. 7-18-07, cert .ef. 7-29-07 thru 12-31-07; DFW 75-2007(Temp), f. 8-17-07, cert. ef. 8-18-07 thru 12-31-07; DFW 102-2007(Temp), f. 9-28-07, cert. ef. 10-1-07 thru 12-31-07; DFW 135-2007(Temp), f. 12-28-07, cert. ef. 1-1-08 thru 6-28-08; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 8-2008, f. & cert. ef. 2-11-08; DFW 23-2008(Temp), f. 3-12-08, cert. ef. 3-15-08 thru 9-10-08; DFW 28-2008(Temp), f. 3-24-08, cert. ef. 3-26-08 thru 9-10-08; DFW 72-2008(Temp), f. 6-30-08, cert. ef. 7-10-08 thru 12-31-08; DFW 78-2008(Temp), f. 7-9-08, cert. ef. 7-12-08 thru 12-31-08; DFW 86-2008(Temp), f. & cert. ef. 7-25-08 thru 12-31-08; DFW 148-2008(Temp), f. 12-19-08, cert. ef. 1-1-09 thru 6-29-09; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 18-2009, f. & cert. ef. 2-26-09; DFW 33-2009(Temp), f. 4-2-09, cert ef. 4-13-09 thru 10-9-09; DFW 63-2009(Temp), f. 6-3-09, cert. ef. 6-6-09 thru 10-9-09; DFW 83-2009(Temp), f. 7-8-09, cert. ef. 7-9-09 thru 12-31-09; DFW 86-2009(Temp), f. 7-22-09, cert. ef. 7-24-09 thru 12-31-09; DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10; DFW 13-2010(Temp), f. 2-16-10, cert. ef. 2-21-10 thru 7-31-10; DFW 19-2010(Temp), f. 2-26-10, cert. ef. 3-1-10 thru 8-27-10; DFW 34-2010, f. 3-16-10, cert. ef. 4-1-10; DFW 49-2010(Temp), f. 4-27-10, cert. ef. 4-29-10 thru 7-31-10; DFW 50-2010(Temp), f. 4-29-10, cert. ef. 5-6-10 thru 11-1-10; DFW 88-2010(Temp), f. 6-25-10, cert. ef. 6-26-10 thru 7-31-10; DFW 91-2010(Temp), f. 6-29-10, cert. ef. 8-1-10 thru 12-31-10; DFW 99-2010(Temp), f. 7-13-10, cert. ef. 7-15-10 thru 12-31-10; DFW 165-2010(Temp), f. 12-28-10, cert. ef. 1-1-11 thru 6-29-11; DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11; DFW 11-2011(Temp), f. 2-10-11, cert. ef. 2-11-1 thru 7-31-11; DFW 23-2011, f. & cert. ef. 3-21-11; DFW 26-2011(Temp), f. 4-5-11, cert. ef. 4-10-11 thru 9-30-11; DFW 74-2011(Temp), f. 6-24-11, cert. ef. 6-27-11 thru 7-31-11; DFW 87-2011(Temp), f. 7-8-11, cert. ef. 7-9-11 thru 7-31-11; DFW 96-2011(Temp), f. 7-20-11, cert. ef. 7-30-11 thru 12-31-11; DFW 129-2011(Temp), f. 9-15-11, cert. ef. 9-30-11 thru 12-31-11; DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 1-2012(Temp), f. & cert. ef. 1-5-12 thru 7-2-12; DFW 10-2012, f. & cert. ef. 2-7-12; DFW 16-2012(Temp), f. 2-14-12, cert. ef. 2-18-12 thru 7-31-12; DFW 44-2012(Temp), f. 5-1-12, cert. ef. 5-20-12 thru 7-31-12; DFW 73-2012(Temp), f. 6-29-12, cert. ef. 7-1-12 thru 8-31-12


 

Rule Caption: Treaty Indian Summer Commercial Fisheries In the Columbia River Downstream of Bonneville Dam.

Adm. Order No.: DFW 74-2012(Temp)

Filed with Sec. of State: 6-29-2012

Certified to be Effective: 7-1-12 thru 10-31-12

Notice Publication Date:

Rules Amended: 635-041-0045

Subject: Rule amendments allow sales in Oregon of fish harvested in the Treaty Indian summer commercial fisheries in the Columbia River downstream of Bonneville Dam, beginning 6:00 a.m. Sunday, July 1, 2012. Modifications are in response to a Treaty Tribes request for authorized sales of fish caught in Tribal commercial fisheries both above and below Bonneville Dam. Modifications are consistent with action taken June 29, 2012 by the State of Oregon in cooperation with the Columbia River Treaty Tribes.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-041-0045

Closed Commercial Fishing Areas

Unless otherwise specified in this rule and OAR 635-041-0063, the following waters are closed to commercial fishing:

(1) All Oregon tributaries of the Columbia River.

(2) The Columbia River westerly and downstream of the Bridge of the Gods except:

(a) Fisheries conducted by the Yakama, Warm Springs, Nez Perce and Umatilla tribes downstream of Bonneville Dam (bank fishing only) under provisions of the agreements with the states of Oregon and Washington are open until further notice.

(A) Effective 6:00 a.m. July 1, 2012, commercial sales of Chinook, steelhead, sockeye, coho, walleye, shad, yellow perch, catfish, bass and carp are allowed. Sturgeon caught in the tribal fisheries below Bonneville Dam may not be retained or sold. Fish may not be sold on USACE property below Bonneville Dam, but may be caught and transported off USACE property for sale.

(B) Gear is restricted to subsistence fishing gear which includes hoopnets, dipnets, spears, gaffs, clubs, fouling hooks and rod and reel with hook-and-line.

(C) Salmon, steelhead, walleye, shad, carp, bass, catfish and yellow perch landed during an open treaty commercial fishing period may be sold at any time.

(b) Platform and hook-and-line fisheries from the Bridge of the Gods downstream to the subsistence fishing deadline as described in OAR 635-041-0020(1) are open to commercial sales whenever sales are authorized for platform and hook-and-line fisheries in the remainder of Bonneville Pool.

(3) The Columbia River easterly and upstream of a line extending at a right angle across the thread of the river from a deadline marker one mile downstream of McNary Dam.

(4) The Columbia River between a line extending at a right angle across the thread of the river from a deadline marker at the west end of 3-Mile Rapids located approximately 1.8 miles below The Dalles Dam, upstream to a line from a deadline marker on the Oregon shore located approximately 3/4 mile above The Dalles Dam east fishway exit, thence at a right angle to the thread of the river to a point in midriver, thence downstream to Light “1” on the Washington shore; except that dip nets, bag nets, and hoop nets are permitted during commercial salmon and shad fishing seasons at the Lone Pine Indian fishing site located immediately above The Dalles Interstate Bridge.

(5) The Columbia River between a line extending at a right angle across the thread of the river from a deadline marker at Preachers Eddy light below the John Day Dam and a line approximately 4.3 miles upstream extending from a marker on the Oregon shore approximately one-half mile above the upper easterly bank of the mouth of the John Day River, Oregon, extending at a right angle across the thread of the river to a point in midriver, thence turning downstream to a marker located on the Washington shore approximately opposite the mouth of the John Day River.

(6) The Columbia River within areas at and adjacent to the mouths of the Deschutes River and the Umatilla River. The closed areas are along the Oregon side of the Columbia River and extend out to the midstream from a point one-half mile above the intersection of the upper bank of the tributary with the Columbia River to a point one mile downstream from the intersection of the lower bank of the tributary with the Columbia River. All such points are posted with deadline markers.

(7) The Columbia River within an area and adjacent to the mouth of the Big White Salmon River. The closed area is along the Washington side of the Columbia River and extends out to midstream at right angles to the thread of the Columbia River between a marker located 1/2 mile downstream from the west bank upstream to Light “35”.

(8) The Columbia River within an area at and adjacent to the mouth of Drano Lake (Little White Salmon River). The closed area is along the Washington side of the Columbia River and extends out to midstream at right angles to the thread of the Columbia River between Light “27” upstream to a marker located approximately 1/2 mile upriver of the outlet of Drano Lake.

(9) The Columbia River within an area and adjacent to the mouth of the Wind River. The closed area is along the Washington side of the Columbia River and extends to midstream at right angles to the thread of the Columbia River between markers located 1 1/4 miles downstream from the west bank and 1/2 mile upstream from the east bank.

(10) The Columbia River within areas at and adjacent to the mouth of Hood River. The closed area is along the Oregon side of the Columbia River and extends to midstream at right angles to the thread of the Columbia River between markers located approximately 0.85 miles downriver from the west bank at end of the breakwall at the west end of the Port of Hood River and 1/2 mile upriver from the east bank.

(11) The Columbia River within a radius of 150 feet of the Spring Creek Hatchery fishway, except that during the period of August 25-September 20 inclusive the closed area is along the Washington side of the Columbia River and extends to midstream at right angles to the thread of the Columbia River between a marker located 1 1/2 miles downriver of the Spring Creek Hatchery fishway up to the downstream marker of the Big White Salmon sanctuary located approximately 1/2 mile upriver of the Spring Creek Hatchery fishway.

(12) Herman Creek upstream from a line between deadline markers near the mouth. One marker is located on the east bank piling and the other is located on the west bank to the north of the boat ramp.

(13) The Columbia River within an area and adjacent to the mouth of the Klickitat River. The closed area is along the Washington side of the Columbia River and extends to midstream at right angles to the thread of the Columbia River between the downstream margin of Lyle Landing downstream to a marker located near the railroad tunnel approximately 1-1/8 miles downstream from the west bank.

Stat. Auth.: ORS 183.325, 506.109 & 506.119
Stats. Implemented: ORS 506.129 & 507.030
Hist.: FWC 89, f. & ef. 1-28-77; FWC 133, f. & ef. 8-4-77; FWC 149(Temp), f. & ef. 9-21-77 thru 1-18-78; 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 635-035-0045; FWC 6-1980, f. & ef. 1-28-80; FWC 44-1980(Temp), f. & ef. 8-22-80; FWC 1-1981, f. & ef. 1-19-81; FWC 6-1982, f. & ef. 1-28-82; FWC 49-1983(Temp), f. & ef. 9-26-83; FWC 4-1984, f. & ef. 1-31-84; FWC 55-1985(Temp), f. & ef. 9-6-85; FWC 4-1986 (Temp), f. & ef. 1-28-86; FWC 25-1986(Temp), f. & ef. 6-25-86; FWC 42-1986, f. & ef. 8-15-86; FWC 2-1987, f. & ef. 1-23-87; FWC 10-1988, f. & cert. ef. 3-4-88; FWC 54-1989 (Temp), f. & cert. ef. 8-7-89; FWC 90-1989, f. & cert. ef. 9-6-89; FWC 80-1990(Temp), f. 8-7-90, cert. ef. 8-8-90; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 23-2011, f. & cert. ef. 3-21-11; DFW 40-2011(Temp), f. & cert. ef. 5-5-11 thru 10-31-11; DFW 43-2011(Temp), f. & cert. ef. 5-10-11 thru 10-31-11; DFW 60-2011(Temp), f. 6-2-11, cert. ef. 6-6-11 thru 10-31-11; DFW 63-2011(Temp), f. 6-8-11, cert. ef. 6-9-11 thru 10-31-11; DFW 66-2011(Temp), f. 6-14-11, cert. ef. 6-16-11 thru 10-31-11; DFW 88-2011(Temp), f. 7-8-11, cert. ef. 7-10-11 thru 10-31-11; DFW 119-2011(Temp), f. 8-26-11, cert. ef. 8-29-11 thru 10-31-11; Administrative correction, 11-18-11; DFW 5-2012(Temp), f. 1-30-12, cert. ef. 2-1-12 thru 3-31-12; DFW 18-2012(Temp), f. 2-28-12, cert. ef. 2-29-12 thru 6-15-12; DFW 46-2012(Temp), f. 5-14-12, cert. ef. 5-15-12 thru 6-30-12; DFW 74-2012(Temp), f. 6-29-12, cert. ef. 7-1-12 thru 10-31-12


 

Rule Caption: Oregon Commercial Fishing Regulations, Division 635-004 Restructure and Reorganization.

Adm. Order No.: DFW 75-2012

Filed with Sec. of State: 6-28-2012

Certified to be Effective: 7-1-12

Notice Publication Date: 5-1-2012

Rules Adopted: 635-004-0200, 635-004-0205, 635-004-0210, 635-004-0230, 635-004-0270, 635-004-0275, 635-004-0285, 635-004-0300, 635-004-0305, 635-004-0310, 635-004-0315, 635-004-0320, 635-004-0325, 635-004-0330, 635-004-0335, 635-004-0350, 635-004-0355, 635-004-0370, 635-004-0375, 635-004-0380, 635-004-0385, 635-004-0390, 635-004-0395, 635-004-0400, 635-004-0405, 635-004-0410, 635-004-0415, 635-004-0420, 635-004-0445, 635-004-0455, 635-004-0460, 635-004-0465, 635-004-0470, 635-004-0475, 635-004-0480, 635-004-0485, 635-004-0490, 635-004-0495, 635-004-0500, 635-004-0505, 635-004-0510, 635-004-0520, 635-004-0525, 635-004-0535, 635-004-0540, 635-004-0550, 635-004-0555, 635-004-0560, 635-004-0565, 635-004-0570, 635-004-0575, 635-004-0580, 635-004-0585, 635-004-0590, 635-004-0610, 635-004-0625, 635-004-0630, 635-004-0650, 635-004-0655, 635-004-0660, 635-004-0665, 635-004-0670, 635-004-0675, 635-004-0680, 635-004-0685, 635-004-0690

Rules Repealed: 635-004-0005, 635-004-0009, 635-004-0016, 635-004-0017, 635-004-0018, 635-004-0019, 635-004-0029, 635-004-0033, 635-004-0040, 635-004-0052, 635-004-0075, 635-004-0100, 635-004-0110

Rules Renumbered: 635-004-0003 to 635-004-0225, 635-004-0011 to 635-004-0425, 635-004-0014 to 635-004-0440, 635-004-0026 to 635-004-0515, 635-004-0140 to 635-004-0255

Rules Ren. & Amend: 635-004-0012 to 635-004-0430, 635-004-0013 to 635-004-0435, 635-004-0020 to 635-004-0215, 635-004-0021 to 635-004-0345, 635-004-0025 to 635-004-0220, 635-004-0027 to 635-004-0450, 635-004-0035 to 635-004-0235, 635-004-0036 to 635-004-0365, 635-004-0042 to 635-004-0530, 635-004-0048 to 635-004-0280, 635-004-0050 to 635-004-0290, 635-004-0055 to 635-004-0595, 635-004-0060 to 635-004-0600, 635-004-0065 to 635-004-0605, 635-004-0066 to 635-004-0615, 635-004-0068 to 635-004-0620, 635-004-0070 to 635-004-0545, 635-004-0080 to 635-004-0635, 635-004-0085 to 635-004-0640, 635-004-0090 to 635-004-0645, 635-004-0125 to 635-004-0240, 635-004-0130 to 635-004-0245, 635-004-0135 to 635-004-0250, 635-004-0145 to 635-004-0260, 635-004-0150 to 635-004-0265, 635-004-0160 to 635-004-0295, 635-004-0165 to 635-004-0340, 635-004-0170 to 635-004-0360

Subject: This is part of an effort to restructure and reorganization Oregon’s regulations governing commercial fisheries, comprising of new rules and amendments to and renumbering of existing rules. Modifications increase the clarity, consistency, and ease of use without changing the intent or practical effect of the regulations. Housekeeping and technical corrections to the regulations were performed to ensure consistency.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-004-0200

Organization

(1) This Division is organized into the following major finfish fishery sections:

(a) Groundfish Section, including the following fisheries:

(A) Trawl and Fixed Gear Groundfish Fisheries; and

(B) Black Rockfish / Blue Rockfish / Nearshore Fishery

(b) Coastal Pelagic Species and Smelt Species Section, including the following fisheries:

(A) Sardine Fishery;

(B) Inland Waters Herring Fishery;

(C) Yaquina Bay Roe-Herring Fishery;

(D) Pacific Ocean Herring Fishery;

(E) Anchovy Fishery; and

(F) Smelt Fishery.

(c) Highly Migratory Species Section, including the following fisheries:

Albacore Tuna Fishery.

(d) Other Finfish Section, including the following fisheries:

(A) Halibut Fishery;

(B) Coastal Rivers Shad Fishery;

(C) Hagfish Fishery;

(D) Sturgeon Fishery;

(E) Surfperch Fishery;

(F) Minor Finfish Fisheries; and

(G) Intertidal Animal Fishery.

(2) Administrative rules OAR 635-004-0205 through OAR 635-004-0265 are general regulations, in addition to and not in lieu of regulations contained within the fishery sections listed in section (1) of this rule.

(3) Invertebrates and other marine animals not regulated in OAR Chapter 635, Division 004 are managed by regulations in OAR chapter 635, division 005.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0205

Licensing Requirements

In addition to the regulations contained in this Division, fishers should consult regulations contained in OAR chapter 635, division 006 and Oregon Revised Statutes Chapter 508 for licensing requirements and fee information.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.129, 508.025, 508.035, 508.235, 508.260, 508.300, 508.306 & 508.312
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0210

Authority of Enforcement in Fishery Conservation Zone and Exclusive Economic Zone

(1) Pursuant to ORS 506.750 and ORS 506.755, regulations including but not limited to inspection of catch, methods of fishing, gear restrictions, seasons, closures and restricted areas are applicable in the Fishery Conservation Zone (0-50 nautical miles offshore of Oregon), and federal commercial fishing regulations are applicable in the Exclusive Economic Zone (3-200 nautical miles offshore of the United States).

(2) For the purposes of this rule, “Fishery Conservation Zone” means the zone between the mean high water mark of tidally influenced bodies of water of the state of Oregon to 50 nautical miles offshore of Oregon, as pursuant to ORS 506.755.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 506.129 & 506.755
Stats. Implemented: ORS 506.109, 506.501, 506.511, 506.521, 506.750 & 506.755
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0215

Definitions

As used in Division 004 regulations:

(1) “Animals living intertidally on the bottom” means any benthic animal with a natural range that includes intertidal areas, regardless of where harvest occurs, and includes but is not limited to, starfish, sea urchins, sea cucumbers, snails, bivalves, worms, coelenterates, and crabs except Dungeness crab.

(2) “Board” means the Commercial Fishery Permit Board.

(3) “Buy” includes offer to buy, barter, exchange or trade.

(4) “Coastal Pelagic Species” means all species of ocean food fish and shellfish defined as Coastal Pelagic Species in the Fishery Management Plan for U.S. West Coast Fisheries for Coastal Pelagic Species and in the Federal Coastal Pelagic Species Regulations, Title 50, Part 660, and include:

(a) Jack mackerel (Trachurus symmetricus);

(b) Jack smelt (Atherinopsis californiensis);

(c) Krill (all species in order Euphausiacea);

(d) Market squid (Loligo opalescens);

(e) Northern anchovy (Engraulis mordax);

(f) Pacific herring (Clupea harengus pallasi)

(g) Pacific mackerel (Scomber japonicus); and

(h) Pacific sardine (Sardinops sagax).

(5) “Commercial harvest cap” means the total fishery-related mortality for a given species, or species group, that may occur in a single calendar year in Oregon commercial fisheries.

(6) “Commercial landing cap” means the total landed catch of a given species, or species group, that may be taken in a single calendar year in Oregon commercial fisheries.

(7) “Commercial purposes” means taking food fish with any gear unlawful for angling, or taking or possessing food fish in excess of the limits permitted for personal use, or taking, fishing for, handling, processing, or otherwise disposing of or dealing in food fish with the intent of disposing of such food fish or parts thereof for profit, or by sale, barter or trade, in commercial channels, as specified in ORS 506.006.

(8) “Commission” means the State Fish and Wildlife Commission created by ORS 496.090.

(9) “Department” means the State Department of Fish and Wildlife.

(10) “Director” means the Director of the Oregon Department of Fish and Wildlife appointed pursuant to ORS 496.112.

(11) “Dive gear” means gear used while a fisher is submerged underwater in order to take food fish, and includes but is not limited to one or more of the following pieces of equipment: SCUBA or other surface supplied air source (hookah gear), dive mask, snorkel, air cylinders, weight belt, wetsuit and fins.

(12) “Exclusive Economic Zone” means the zone between 3-200 nautical miles offshore of the United States.

(13) “Fishing gear” means, as specified in ORS 506.006, any appliance or device intended for or capable of being used to take food fish for commercial purposes, and includes:

(a) “Fixed gear” means longline, trap or pot, setnet, and stationary hook-and-line gears;

(b) “Gillnet” has the meaning as set forth in OAR 635-042-0010;

(c) “Hook-and-line” means one or more hooks attached to one or more lines;

(d) “Lampara net” means a surrounding or seine net with the sections of netting made and joined to create bagging, and is hauled with purse rings;

(e) “Longline” means a stationary buoyed, and anchored groundline with hooks attached;

(f) “Mesh size” means the opening between opposing knots. Minimum mesh size means the smallest distance allowed between the inside of one knot to the inside of the opposing knot regardless of twine size;

(g) “Pot or trap” means a portable, enclosed device with one or more gates or entrances and one or more lines attached to surface floats;

(h) “Purse seine” means an encircling net that may be closed by a purse line threaded through the bottom of the net. Purse seine gear includes ring net, drum purse seine, and lampara nets;

(i) “Seine” means any non-fixed net other than a trawl net or gillnet and includes all types of purse seines;

(j) “Setline” means a bottom longline used in rivers and estuaries for targeting white sturgeon;

(k) “Set net” means a stationary, buoyed and anchored gillnet or trammel net which takes fish commonly by gilling and is not free to move or drift with the current or tide;

(l) “Spear” means a sharp, pointed, or barbed instrument on a shaft;

(m) “Trammel net” means a gillnet made with two or more walls joined to a common float line;

(n) “Trawl gear” means a cone or funnel-shaped net which is towed or drawn through the water by one or two vessels, and includes but is not limited to beam trawl, bobbin or roller trawl, bottom trawl, pelagic trawl and Danish and Scottish seine gear;

(o) “Troll” means fishing gear that consists of 1 or more lines that drag hooks with bait or lures behind a moving fishing vessel, and which lines are affixed to the vessel and are not disengaged from the vessel at any time during the fishing operation; and

(p) “Vertical hook and line” means a line attached to the vessel or to a surface buoy vertically suspended to the bottom by a weight or anchor, with hooks attached between its surface and bottom end.

(14) “Fishing trip” means a period of time between landings when fishing is conducted.

(15) “Food Fish” means any animal over which the State Fish and Wildlife Commission has jurisdiction, pursuant to ORS 506.036.

(16) “Groundfish” means all species of ocean food fish defined as groundfish in the Pacific Coast Groundfish Fishery Management Plan and in the Federal Groundfish Regulations, Title 50, Part 660 and includes:

(a) All species of rockfish, thornyheads, and scorpionfish that occur off Wahington, Oregon, or California (genera Sebastes, Scorpaena, Scorpaenodes, and Sebastolobus);

(b) Arrowtooth flounder (Atheresthes stomias);

(c) Big skate (Raja binoculata);

(d) Butter sole (Isopsetta isolepis);

(e) Cabezon (Scorpaenichthys marmoratus);

(f) California skate (Raja inornata);

(g) Curlfin sole (Pleuronichthys decurrens);

(h) Dover sole (Microstomus pacificus);

(i) English sole (Parophrys vetulus);

(j) Finescale codling (Antimora microlepis);

(k) Flathead sole (Hippoglossoides elassodon);

(l) Kelp greenling (Hexagrammos decagrammus);

(m) Leopard shark (Triakis semifasciata);

(n) Lingcod (Ophiodon elongatus);

(o) Longnose skate (Raja rhina);

(p) Pacific cod (Gadus macrocephalus);

(q) Pacific rattail (Coryphaenoides acrolepis);

(r) Pacific sanddab (Citharichthys sordidus);

(s) Pacific whiting (Merluccius productus);

(t) Petrale sole (Eopsetta jordani);

(u) Ratfish (Hydrolagus colliei);

(v) Rex sole (Glyptocephalus zachirus);

(w) Rock sole (Lepidopsetta bilineata);

(x) Sablefish (Anoplopoma fimbria);

(y) Sand sole (Psettichthys melanostictus);

(z) Soupfin shark (Galeorhinus zyopterus);

(aa) Spiny dogfish (Squalus acanthias);

(bb) Starry flounder (Platichthys stellatus); and

(cc) Starry rockfish (Sebastes constellatus);

(17) “Harvest guideline” means a specified numerical harvest objective that is not a quota. Attainment of a harvest guideline does not automatically close a fishery.

(18) “Highly Migratory Species” means all species of ocean food fish defined as highly migratory species in the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species and in the Federal Highly Migratory Species Regulations, Title 50, Part 660, and includes:

(a) Bigeye thresher shark (Alopias superciliosus);

(b) Bigeye tuna (Thunnus obesus);

(c) Blue shark (Prionace glauca);

(d) Common thresher shark (Alopias vulpinus);

(e) Dorado (Coryphaena hippurus)

(f) North Pacific albacore tuna (Thunnus alalunga);

(g) Northern bluefin tuna (Thunnus thynnus);

(h) Pacific swordfish (Xiphias gladius);

(i) Pelagic thresher shark (Alopias pelagicus);

(j) Shortfin mako shark (Isurus oxyrinchus);

(k) Skipjack tuna (Katsuwonus pelamis);

(l) Striped marlin (Tetrapturus audax); and

(m) Yellowfin tuna (Thunnus albacares).

(19) “Inland waters” means all waters of the state except the Pacific Ocean.

(20) “Intertidal” means the area in Oregon coastal bays, estuaries, and beaches between mean extreme low water and mean extreme high water boundaries.

(21) “Land, landed, or landing” means either of the following:

(a) For fisheries where food fish were taken by use of a vessel, “land, landed or landing” means to begin transfer of food fish from a vessel. Once transfer begins, all food fish aboard the vessel are counted as part of that landing, except anchovies being held live on a vessel for the purpose of using for bait in that vessel’s commercial fishing operation.

(b) For fisheries where food fish were taken without use of any vessel, “land, landed or landing” means to begin transfer of food fish from a harvester to a wholesale fish dealer, wholesale fish bait dealer, or food fish canner, under which the following provisions apply:

(A) When the harvester and the wholesale fish dealer, wholesale fish bait dealer, or food fish canner are the same person or entity, transfer occurs when the food fish arrive at the licensed premises of the wholesale fish dealer, wholesale fish bait dealer, or food fish canner; and

(B) Once transfer begins, all food fish from the harvest area are counted as part of that landing.

(22) “Length” or “Length Overall” of a vessel means the manufacturer’s specification of overall length, United States Coast Guard or Marine Board registered length documentation stating overall length or overall length as surveyed by a certified marine surveyor. In determining overall length, marine surveyors shall measure in a straight line parallel to the keel from the foremost part of the vessel to the aftermost part, excluding sheer and excluding bow sprits, boomkins, rudders aft of the transom, outboard motor brackets, or transom extensions such as a dive step or platform.

(23) “Length, total” of a fish is measured from the tip of the snout (mouth closed) to the tip of the tail (pinched together) without mutilation of the fish or the use of additional force to extend the length.

(24) “Nearshore species” includes (See ORS 506.011):

(a) Black and yellow rockfish (Sebastes chrysolmelas);

(b) Brown Irish lord (Hemilepidotus spinosus);

(c) Brown rockfish (Sebastes auriculatus);

(d) Buffalo sculpin (Enophrys bison);

(e) Cabezon (Scorpaenichthys marmoratus);

(f) Calico rockfish (Sebastes dalli);

(g) China rockfish (S. nebulosus);

(h) Copper rockfish (S. caurinus);

(i) Gopher rockfish (S. carnatus);

(j) Grass rockfish (S. rastelliger);

(k) Kelp greenling (Hexagrammos decagrammus);

(l) Kelp rockfish (Sebastes atrovirens);

(m) Olive rockfish (S. serranoides);

(n) Painted greenling (Oxylebius pictus);

(o) Quillback rockfish (Sebastes maliger);

(p) Red Irish lord (Hemilepidotus hemilepidotus);

(q) Rock greenling (Hexagrammos lagocephalus);

(r) Tiger rockfish (Sebastes nigrocinctus);

(s) Treefish (S. serriceps).

(t) Vermillion rockfish (S. miniatus); and

(u) Whitespotted greenling (Hexagrammos stelleri);

(25) “Ocean food fish” means all saltwater species of food fish except salmon, halibut, and shellfish whether found in fresh or salt water.

(26) “Other nearshore rockfish” includes:

(a) Black and yellow rockfish (Sebastes chrysolmelas);

(b) Brown rockfish (S. auriculatus);

(c) Calico rockfish (S. dalli);

(d) China rockfish (S. nebulosus);

(e) Copper rockfish (S. caurinus);

(f) Gopher rockfish (S. carnatus);

(g) Grass rockfish (S. rastelliger);

(h) Kelp rockfish (S. atrovirens);

(i) Olive rockfish (S. serranoides);

(j) Quillback rockfish (S. maliger); and

(k) Treefish (S.serriceps).

(27) “Pacific Ocean” means all water seaward of the end of the jetty or jetties of any river, bay, or tidal area, except the Columbia River boundary with the Pacific Ocean is as specified in OAR 635-003-0005, or all water seaward of the extension of the shoreline high watermark across the river, bay, or tidal area where no jetties exist.

(28) “Permit holder” means a person or entity that owns an individual permit or owns the vessel to which a vessel permit is attached. A lessee of a permit is not a permit holder.

(29) “Possession” means holding any food fish, shellfish or parts thereof in a person’s custody or control.

(30) “Process or Processing” means fresh packaging requiring freezing of food fish, or any part thereof, or any type of smoking, reducing, loining, steaking, pickling or filleting.

(31) “Resident” means an actual bona fide resident of this state for at least one year, as specified in ORS 508.285.

(32) “Rockfish” includes all species in the following genera:

(a) Sebastes; and

(b) Sebastolobus.

(33) “Salmon” means all anadromous species of salmon, including but not limited to:

(a) Oncorhynchus gorbuscha, commonly known as humpback, humpies or pink salmon.

(b) Oncorhynchus keta, commonly known as chum or dog salmon.

(c) Oncorhynchus kisutch, commonly known as coho or silver salmon.

(d) Oncorhynchus nerka, commonly known as sockeye, red or blueback salmon.

(e) Oncorhynchus tshawytscha, commonly known as Chinook salmon.

(34) “Security interest” means an interest in a vessel or permit granted by the owner of the vessel or permit to a third party under a security agreement, pursuant to ORS chapter 79, another state’s laws enacted to implement Article 9 of the Uniform Commercial Code or equivalent federal statutory provisions for federally documented vessels.

(35) “Sell” includes to offer or possess for sale, barter, exchange or trade.

(36) “Smelt” means all species in the family Osmeridae.

(37) “Take” means fish for, hunt, pursue, catch, capture or kill or attempt to fish for, hunt, pursue, catch, capture or kill.

(38) “Transport” means transport by any means, and includes offer or receive for transportation.

(39) “Trip limit” means the total amount of fish that may be taken and retained, possessed, or landed per vessel from a single fishing trip or cumulatively per unit of time. A vessel which has landed its cumulative or daily limit may continue to fish on the limit for the next legal period as long as the fish are not landed until the next period. Trip limits may be:

(a) “Bi-monthly cumulative trip limit” means the maximum amount of fish that may taken and retained, possessed or landed per vessel in specified bi-monthly periods. There is no limit on the number of landings or trips in each period, and periods apply to calendar months. The specified periods are as follows:

(A) Period 1: January through February;

(B) Period 2: March through April;

(C) Period 3: May through June;

(D) Period 4: July through August;

(E) Period 5: September through October; and

(F) Period 6: November through December.

(b) “Daily trip limit” means the maximum amount of fish that may be taken and retained, possessed or landed per vessel in 24 consecutive hours, starting at 00:01 hours local time. Only one landing of groundfish may be made in that 24-hour period;

(c) “Monthly trip limit” means the maximum amount of fish that may be taken and retained, possessed or landed per vessel during the first day through the last day of any calendar month.

(d) “Weekly trip limit” means the maximum amount of fish that may be taken and retained, possessed or landed per vessel in seven (7) consecutive days, starting at 00:01 hours local time on Sunday and ending at 24:00 hours local time on Saturday. Weekly trip limits may not be accumulated during multiple week trips. If a calendar week falls within two different months or two different cumulative limit periods, a vessel is not entitled to two separate weekly limits during that week.

(40) “Undue hardship” means death, serious illness requiring extended care by a physician, permanent disability, or other circumstances beyond the individual’s control.

(41) “Unlawful to buy” means that it is unlawful to buy, knowing or having reasonable cause to believe that the fish have been illegally taken or transported within this state, or unlawfully imported or otherwise unlawfully brought into this state.

(42) “Vessel” means any floating craft, powered, towed, rowed or otherwise propelled which is used for landing or taking food fish for commercial purposes, and has the same meaning as ‘boat’ as specified in ORS 506.006.

(43) “Vessel operator” means the person onboard a fishing vessel who is responsible for leading a fishing vessel in fishing or transit operations, and who signs the corresponding fish ticket from that fishing trip. A vessel operator may be a vessel owner or permit holder or both, individual hired to operate a vessel, or lessee of a vessel, permit or both. Although more than one person may physically operate a vessel during a fishing trip or transit, there may only be one person identified as a vessel operator (commonly referred to as a captain or skipper) on a fishing vessel during any one fishing trip or transit.

(44) “Vessel owner” means any ownership interest in a vessel, including interests arising from partnerships, corporations, limited liability corporations, or limited liability partnerships. A vessel owner does not include a leasehold interest.

(45) “Waters of this state” means all waters over which the State of Oregon has jurisdiction, or joint or other jurisdiction with any other state or government, including waters of the Pacific Ocean and all bays, inlets, lakes, rivers and streams within or forming the boundaries of this state.

(46) “Week” means the period beginning at 00:01 hours local time on Sunday and ending at 24:00 hours local time on the following Saturday.

Stat. Auth.: ORS 496.138, 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 496.162, 506.109 & 506.129
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; FWC 37, f. & ef. 1-23-76, Renumbered from 625-010-0545; FWC 49-1979, f. & ef. 11-1-79, Renumbered from 635-036-0270; FWC 10-1983, f. & ef. 3-1-83; FWC 1-1985(Temp), f. & ef. 1-4-85; FWC 5-1985, f. & ef. 2-19-85; FWC 17-1987(Temp), f. & ef. 5-7-87; FWC 103-1988, f. 12-29-88, cert. ef. 1-1-89; FWC 28-1989(Temp), f. 4-25-89, cert. ef. 4-26-89; FWC 130-1990, f. 12-31-90, cert. ef. 1-1-91; FWC 67-1991, f. 6-25-91, cert. ef. 7-1-91; FWC 21-1992(Temp), f. 4-7-92, cert. ef. 5-1-92; FWC 141-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 21-1992(Temp), f. 4-7-92, cert. ef. 5-1-92; FWC 36-1992, f. 5-26-92, cert. ef. 5-27-92; FWC 6-1993, f. 1-28-93, cert. ef. 2-1-93; FWC 95-1994, f. 12-28-94, cert. ef. 1-1-95; FWC 45-1995, f. & cert. ef. 6-1-95; FWC 71-1996, f. 12-31-96, cert. ef. 1-1-97; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 32-2005(Temp), f. 4-29-05, cert. ef. 5-1-05 thru 10-27-05; DFW 70-2005, f. & cert. ef. 7-8-05; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 156-2009, f. 12-29-09, cert. ef. 1-1-10; Renumbered from 635-004-0020, DFW 75-2012, f. 6-28-12

635-004-0220

Closed Season and Areas

(1) It is unlawful to take for commercial purposes, the following from Special Regulation Marine Areas described in the “Oregon Sport Fishing Regulations:”

(a) Shellfish and invertebrates in designated Marine Garden areas.

(b) Shellfish and invertebrates in designated Intertidal and Subtidal Research Reserves.

(c) Fish, shellfish and invertebrates in designated Habitat Refuges.

(d) Fish, shellfish and invertebrates from 1000 feet around and including Pyramid Rock from May 1 through August 31.

(2) It is unlawful to move any vessel within 500 feet of the main rocks in Three Arch Rocks National Wildlife Refuge from May 1 through September 15.

(3) It is unlawful to take ocean food fish for commercial purposes during the following seasons and areas:

(a) Except as provided in these rules or in the Code of Federal Regulations, Title 50 Part 660; and

(b) From Oregon coastal bays, the Oregon estuary waters of the Columbia River, or from or within 200 yards of any man-made structures. This closure does not apply to:

(A) Ocean food fish taken in specific fisheries established by rule allowing harvest in inland waters, but only during the times and areas specified in those fishery’s regulations;

(B) Ocean food fish taken to be sold or used for scientific or educational purposes, or for live public display;

(C) Pacific herring, Pacific sardine (pilchard), anchovies, and shad that are taken by hook-and-line and sold as bait; or to

(D) Pacific herring, Pacific sardine (pilchard), anchovies, and shad that are taken by beach seine in the Umpqua estuary and sold as bait.

(c) All species other than those whose harvest is authorized under these rules must be immediately returned to the water unharmed.

(4) The following areas have additional closures and prohibitions as specified in ORS Chapter 511, and fishers should consult these regulations before fishing in these areas:

(a) Coastal Streams Areas;

(b) Columbia River Area;

(c) Rogue River Area;

(d) Curry County Area;

(e) Coos, Douglass and Lane County Areas;

(f) Nestucca, Netarts and Tillamook Bay Areas; and

(g) Willamette River Area.

(5) Marine Reserves and Marine Protected Areas within Oregon’s Territorial Sea have been established and fishers should consult regulations in OAR Division 012 regarding fishing and transit restrictions.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; FWC 38, f. & ef. 1-23-76, Renumbered from 625-010-0550; FWC 8-1979, f. 3-1-79, ef. 3-2-79; FWC 9-1979(Temp), f. & ef. 3-5-79 through 3-31-79; FWC 50-1979, f. & ef. 11-1-79, Renumbered from 635-036-0275; FWC 95-1994, f. 12-28-95, cert. ef. cert. ef. 1-1-95; FWC 71-1996, f. 12-31-96, cert. ef. 1-1-97; DFW 97-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 63-2002(Temp) f. & cert. ef. 6-18-02 thru 12-14-02; DFW 103-2002(Temp), f. 9-13-02 cert. ef. 9-14-02 thru 9-30-02; DFW 115-2002, f. & cert. ef. 10-21-02; DFW 135-2002, f. 12-23-02, cert. ef. 1-1-03; DFW 91-2009, f. & cert. ef. 8-10-09; DFW 157-2010, f. 12-6-10, cert. ef. 1-1-11; Renumbered from 635-004-0025, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0225

Bait Restrictions

It is unlawful to use lamprey as bait in any commercial fishery.

Stat. Auth.: ORS 506.036, 506.109, ORS 506.119 & 506.129
Stats. Implemented: ORS 506.036, 506.109, 506.126 & 506.306
Hist.: DFW 24-2005, f. 4-15-05, cert. ef. 5-1-05; Renumbered from 635-004-0003, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0230

Same Trip Recreational and Commercial Fishing – When Unlawful

(1) It is unlawful for a vessel licensed pursuant to ORS 508.260 to be used to fish recreationally and commercially on the same fishing trip.

(2) Recreational fishing gear is legal to use in commercial fisheries provided it complies with the provisions specified in OAR 635-004-0235.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0235

Fishing Gear

(1) This regulation lists a complete set of legal gear types and associated general restrictions to take ocean food fish and Pacific halibut in the fisheries specified in this Division. However, most individual fishery sections in this Division contain additional gear regulations specific to those fisheries. Fishers should consult the specific section of the fishery they are interested in for additional regulations.

(2) It is unlawful to possess, deploy, haul, or carry on board a fishing vessel any fishing gear not listed in section (3) of this rule, or fishing gear not in compliance with the restrictions listed in section (4) of this rule, unless such gear is the gear of another vessel that has been retrieved at sea and made inoperable or stowed in a manner not capable of being fished. The disposal at sea of such gear is prohibited by Annex V of the International Convention for the Prevention of Pollution From Ships, 1973 (Annex V of MARPOL 73/78).

(3) It is unlawful to take food fish for commercial purposes by any means except:

(a) Hook-and-line gear, including, but not limited to handline, pole-and-line, reel-and-line and pole-reel-and-line;

(b) Longlines and vertical hook and lines are permitted in the ocean;

(c) Pots or traps are permitted in the ocean;

(d) Dipnets of hoop or A-frame design;

(e) Troll gear is permitted in the ocean;

(f) Seines are permitted in the ocean for ocean food fish other than groundfish and for the taking of herring, sardine, and anchovy from the following inland waters:

(A) Columbia River westerly of the U.S. Highway 101 Astoria Bridge across the Columbia River;

(B) Tillamook Bay;

(C) Yaquina Bay;

(D) Alsea Bay;

(E) Winchester Bay; and

(F) Coos Bay.

(g) Trawl gear is permitted in the ocean for ocean food fish;

(A) Trawl gear may not be used with any other gear type on a single fishing trip.

(B) Trawl gear must meet the specifications specified in the Code of Federal Regulations Title 50, Section 660.130.

(h) Set nets with an experimental gear permit pursuant to OAR 635-006-0020; or

(i) Spear.

(4) Longline, vertical hook-and-line and pot gear which is fixed or anchored to the bottom or drifting unattached to the vessel have the following restrictions:

(a) Gear shall not be left unattended for more than seven days;

(b) Longline and pot gear shall be marked at the surface at each terminal end with a pole, flag, light, radar reflector, and a buoy showing clear identification of the owner or vessel operator;

(c) Vertical hook-and-line gear that is closely tended may be marked only with a single buoy of sufficient size to float the gear. “Closely tended” means that a vessel is within visual sighting distance or within 1/4 nautical mile as determined by electronic navigational equipment, of its vertical hook-and-line gear; and

(d) Pot gear used for other than Dungeness crab or hagfish shall have biodegradable escape panels constructed with #21 or smaller, untreated cotton twine in such manner that an opening of at least eight inches in diameter will result when the twine deteriorates.

(5) A buoy used to mark fixed gear under subsection (3)(b) of this rule must be marked with a number clearly identifying the owner or vessel operator. The number may be either:

(a) If required by applicable state law, the vessel’s number, the commercial fishing license number, or buoy brand number; or

(b) The vessel documentation number issued by the U.S. Coast Guard, or, for an undocumented vessel, the vessel registration number issued by the state.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-010-0555; FWC 166, f. & ef. 12-23-77; FWC 34-1979, f. & ef. 8-22-79, Renumbered from 635-036-0280; FWC 10-1983, f. & ef. 3-1-83; FWC 103-1988, f. 12-29-88, cert. ef. 1-1-89; FWC 123-1989, f. 12-19-89, cert. ef. 1-1-90; FWC 112-1990, f. 10-3-90, cert. ef. 10-5-90; FWC 141-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 45-1995, f. & cert. ef. 6-1-95; FWC 51-1995, f. 6-16-95, cert. ef. 6-19-95; FWC 71-1996, f. 12-31-96, cert. ef. 1-1-97; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 157-2010, f. 12-6-10, cert. ef. 1-1-11; Renumbered from 635-004-0035, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0240

Fishery Defined

“Far Offshore Fishery” means a fishery where the fish are taken outside the United States 200-mile Exclusive Economic Zone.

Stat. Auth.: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 496.138, 496.162, 506.119 & 506.129
Hist.: FWC 109-1991(Temp), f. & cert. ef. 9-27-91; FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92; Renumbered from 635-004-0125, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0245

Commercial Vessel License - Right to Land Fish

Fish taken in a far offshore fishery which may be lawfully imported into this state from a foreign nation or from another state, may be landed in this state, provided Oregon commercial fishing license requirements and the provisions contained in OAR 635-004-0250 through 635-004-0265 have been met.

Stat. Auth.: ORS 496.138, 496.162, 506.036, 506.119 & 506.129
Stats. Implemented: ORS 496.138, 496.162, 506.109, 506.119 & 506.129
Hist.: FWC 109-1991(Temp), f. & cert. ef. 9-27-91; FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92; Renumbered from 635-004-0130, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0250

Declaration

(1) The vessel operator of any vessel participating in the far offshore fishery intending to land fish or fish products in Oregon shall notify the Department of any such fishing trip at least 48 hours prior to leaving port by writing to the Oregon Department of Fish and Wildlife, 2040 SE Marine Science Drive, Newport, OR 97365, or by calling 541-867-4741 during regular business hours Monday through Friday. Such declaration shall include the area to be fished and the intended port of landing, including the identification of the processor to whom delivery will be made.

(2) In addition, 24 hours or more prior to landing, the vessel operator shall notify the Department, at the telephone number listed above, during regular business hours, or the Oregon State Police at other times, telephone number 1-800-452-7888, of the following:

(a) Vessel name and documentation number;

(b) Estimated time of arrival;

(c) Port of landing;

(d) Processor’s location; and

(e) Estimated weight of fish on board.

Stat. Auth.: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 496.138, 496.162, 506.109, 506.119 & 506.129
Hist.: FWC 109-1991(Temp), f. & cert. ef. 9-27-91; FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92; DFW 142-2008, f. & cert. ef. 11-21-08; Renumbered from 635-004-0135, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0255

Compliance Evidence

It shall be the responsibility of the vessel operator to maintain a navigation plotting record of any far offshore fishing trip, and such record shall be available for inspection by any person authorized to enforce the commercial fishing laws of Oregon. Such record shall be maintained for 30 days following any such fishing trip.

Stat. Auth.: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 496.138, 496.162, 506.109, 506.119 & 506.129
Hist.: FWC 109-1991(Temp), f. & cert. ef. 9-27-91; FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92; Renumbered from 635-004-0140, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0260

Trip Limit

Except for the licensing requirements provided in OAR 635-004-0245, there are no trip limits or landing restrictions for fish or fish products taken in the far offshore fishery.

Stat. Auth.: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 496.138, 496.162, 506.109, 506.119 & 506.129
Hist.: FWC 109-1991(Temp), f. & cert. ef. 9-27-91; FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92; Renumbered from 635-004-0145, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0265

Fishing Within 200-Mile Fishery Zone — When Unlawful

It is unlawful for the operator of any vessel to fish in or land fish from the 200-mile Exclusive Economic Zone or from state waters during any trip for which a declaration to participate in the far offshore fishery has been made.

Stat. Auth.: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 496.138, 496.162, 506.109, 506.119, 506.129 & 506.306
Hist.: FWC 109-1991(Temp), f. & cert. ef. 9-27-91; FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92; Renumbered from 635-004-0150, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0270

Organization of Rules

Administrative rules contained in OAR 635-004-0275 through 635-004-0280 shall apply to all fisheries in the Groundfish Section, and are in addition to and not in lieu of Division 004, General Regulations contained in OAR 635-004-0200 through 635-004-0265. The Groundfish Section includes regulations for Trawl and Fixed Gear groundfish fisheries, and the Black Rockfish / Blue Rockfish / Nearshore Fishery.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0275

Scope, Inclusion, and Modification of Rules

(1) The commercial groundfish fishery in the Pacific Ocean off Oregon is jointly managed by the state of Oregon and the federal government through the Pacific Fishery Management Council process. The Code of Federal Regulations provides federal requirements for this fishery, including but not limited to the time, place, and manner of taking groundfish. However, additional regulations may be promulgated subsequently by publication in the Federal Register, and these supersede, to the extent of any inconsistency, the Code of Federal Regulations. Therefore, the following publications are incorporated into Oregon Administrative Rule by reference:

(a) Code of Federal Regulations, Part 660, Subparts C, D, E and F (October 1, 2011 ed.);

(b) Federal Register Vol. 76, No. 43, dated May 11, 2011 (76 FR 27508);

(c) Federal Register Vol. 76, No. 231, dated December 1, 2011 (76 FR 74725);

(d) Federal Register Vol. 76, No. 239, dated December 13, 2011 (76 FR 77415);

(e) Federal Register Vol. 76, No. 245, dated December 21, 2011 (76 FR 79122);

(f) Federal Register Vol. 77, No. 74, dated April 17, 2012 (77 FR 22679); and

(g) Federal Register Vol. 77, No. 80, dated April 25, 2012 (77 FR 24635).

(2) Persons must consult the federal regulations in addition to Division 004 to determine all applicable groundfish fishing requirements. Where federal regulations refer to the fishery management area, that area is extended from shore to three nautical miles from shore coterminous with the Exclusive Economic Zone.

(3) The Commission may adopt additional or modified regulations that are more conservative than federal regulations, in which case Oregon Administrative Rule takes precedence. See OAR 635-004-0205 through 635-004-0235 and 635-004-0280 through 635-004-0365 for additions or modifications to federal groundfish regulations.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 496.162, 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0280

Maintaining Records of Cumulative Catch

Vessels landing groundfish under a cumulative catch limit shall keep copies of fish landing receipts on board for inspection by authorized enforcement officials for a minimum of 90 days from date of delivery. Receipts shall be signed and dated by both the dealer representative and vessel operator. Fish landing receipts may be in the form of Department Fish Receiving Tickets; fish dealer “dock tickets” identified with official dealer logo’s or other identifying letterhead; or official Fish Receiving Tickets from other states.

Stat. Auth.: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FWC 141-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 36-1992, f. 5-26-92, cert. ef. 5-27-92; FWC 95-1994, f. 12-28-94, cert. ef. 1-1-95; DFW 142-2008, f. & cert. ef. 11-21-08; Renumbered from 635-004-0048, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0285

Fisheries Defined

“Trawl and Fixed Gear Groundfish Fisheries” means the commercial fisheries for groundfish species as defined in the Pacific Coast Groundfish Fishery Management Plan and in the Federal Groundfish Regulations, Title 50 Part 660, using trawl and fixed gear as defined in OAR 635-004-0215.

Stat. Auth.: ORS 506.036, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0290

Logbook Required

(1) The Department shall make available a logbook to each licensed commercial fishing vessel from which groundfish are taken by means of trawl (including a shrimp trawl net), longline, hook-and-line, or pot gear.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered as confidential.

(6) Logbooks shall be completed for a fishing trip within one week of landing.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.129 &506.450 through 506.465
Hist.: FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-010-0570; FWC 34-1979, f. & ef. 8-22-79, Renumbered from 635-036-0295; FWC 15-1984, f. & ef. 4-5-84; DFW 38-1999, f. & cert. ef. 5-24-99; DFW 135-2002, f. 12-23-02, cert. ef. 1-1-03; DFW 120-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 142-2008, f. & cert. ef. 11-21-08; Renumbered from 635-004-0050, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0295

Fishery Defined

“Black Rockfish/Blue Rockfish/Nearshore Fishery” means the commercial fishery for black rockfish (Sebastes melanops), blue rockfish (Sebastes mystinus) and nearshore species as defined in OAR 635-004-0215.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.129, 506.450 through 506.465
Hist.: DFW 112-2003, f. & cert. ef. 11-14-03; Renumbered from 635-004-0160, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0300

Requirement for Black Rockfish/Blue Rockfish/Nearshore Fishery Permit

(1) Except as provided in OAR 635-004-0360, it is unlawful to take, land or possess black or blue rockfish without a Black Rockfish/Blue Rockfish Permit or black rockfish, blue rockfish or nearshore species without a Black Rockfish/Blue Rockfish or Black Rockfish/Blue Rockfish with a Nearshore Endorsement Permit pursuant to ORS 508.945.

(2) It is unlawful for a wholesaler, canner or buyer to buy or receive black rockfish, blue rockfish or other nearshore species taken in the Black Rockfish / Blue Rockfish/Nearshore Fishery from a vessel for which the permit required by section (1) of this rule has not been issued.

(3) A Black Rockfish/Blue Rockfish/Nearshore Fishery Permit required by section (1) of this rule is in addition to and not in lieu of the commercial fishing and vessel license required by ORS 508.235 and ORS 508.260.

(4) No vessel may hold more than one Black Rockfish/Blue Rockfish/Nearshore Fishery Permit at any one time.

(5) Unless otherwise provided, Black Rockfish/Blue Rockfish /Nearshore Permits must be purchased by January 1 of the year the permit is sought for renewal.

(6) Applications for Black Rockfish/Blue Rockfish/Nearshore Fishery Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of vessel may be required at the time of application.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129, 506.306 & 508.945
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0305

Permit Fee

(1) The annual fee for a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit is $100.00 (plus a $2.00 license agent fee). See ORS 508.949.

(2) A fee of $100.00 shall be charged for each transfer of participation rights under OAR 635-004-0330. See ORS 508.957.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.119 & 508.949
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0310

Eligibility Requirements for a Permit

(1) Vessel owners must meet eligibility requirements for a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit established in ORS 508.947.

(2) An individual is eligible to obtain a Black Rockfish/Blue Rockfish/Nearshore Permit required by OAR 635-005-0300:

(a) By renewal of the previous year’s permit as specified in OAR 635-004-0320; or

(b) Through the lottery if a lottery is held in accordance with OAR 635-004-0325.

(3) In making determinations regarding issuance or renewal of a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit, the Department and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements Department records and such receipts, accounts, contracts and other business records of private parties as the Department or the Board considers reliable evidence of the qualifications or requirements in question.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.947
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0315

Review of Denials

(1) An individual whose application for issuance, renewal or transfer of a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit established pursuant to OAR 635-004-0300, 635-004-0320 and 635-004-0330 is denied may make written request to the Board for review of the denial. The procedure for requesting review and the applicable standard of review of denial for a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit shall be pursuant to ORS 508.960.

(2) The Board may delegate to the Department its authority to waive requirements for renewal of permits in the Black Rockfish/Blue Rockfish/Nearshore Fishery in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(3) The Black Rockfish/Blue Rockfish/Nearshore Fishery requires a $125 non-refundable application fee for Board review. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee.

(4) Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to ORS 183.550.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.960
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0320

Renewal of Permit

(1) Black Rockfish/Blue Rockfish/Nearshore Fishery Permits may be renewed the following year:

(a) By submitting a $100.00 fee (plus $2.00 license agent fee) and a complete application to the Department date-stamped or postmarked by January 1 of the year the permit is sought for renewal; and

(b) If the provisions specified in ORS 508.957 have been met.

(2) An application for renewal of a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit shall be considered complete if it is legible, has all information requested in the form, and is accompanied by the required fee in full. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by December 31 of the permit year sought, the individual shall not be considered to have applied for renewal in a timely manner.

(3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application may not be grounds for treating the application as having been filed in a timely and complete manner.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129, 508.947 & 508.949
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0325

Lottery for Limited Entry Black Rockfish/Blue Rockfish/Nearshore Fishery Permits

(1) If the number of permits issued in accordance with OAR 635-004-0300 falls below 80 for Black Rockfish and Blue Rockfish Permits or 50 permits for Black Rockfish and Blue Rockfish Permits with a Nearshore Endorsement, the Department in the next succeeding calendar year may issue Black Rockfish/Blue Rockfish/Nearshore Fishery Permits by a lottery system pursuant to ORS 508.955. However, the total number of permits issued may not exceed 80 for Black Rockfish and Blue Rockfish Permits or 50 Black Rockfish and Blue Rockfish Permits with a Nearshore Endorsement.

(2) A vessel may qualify for the lottery if the vessel:

(a) Has a boat licensed issued pursuant to ORS 508.260 for the current year; and

(b) Had a boat license issued pursuant to ORS 508.260 for the previous year.

(3) Each applicant for a permit lottery shall complete the application form prescribed by the Department.

(4) Application for vessel permits shall only be accepted for vessels, which, in the judgment of the Department, are capable of operating the gear necessary to legally participate in the fishery. Vessels of a size or design incapable of harvesting the permitted species are not eligible for the lottery.

(5) Only one application per vessel may be submitted for each permit lottery.

(6) Any application which is not legible, has incomplete information, or is postmarked after the deadline may not be entered in the lottery. Applications for all permits will be accepted at the Salem headquarters office of the Department, and shall be postmarked or date stamped no later than March 31 of the year for which the permit is issued.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.955
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0330

Transferability of Permits

(1) Any transfer of a permit away from a vessel without the written consent of each person holding a security interest in such vessel is void.

(2) Black Rockfish/Blue Rockfish/Nearshore Fishery Permit holders may transfer a permit pursuant to ORS 508.957.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.957
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0335

Logbook Required

(1) The Department shall make available a logbook to each vessel owner that has a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit.

(2) Each vessel owner is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel owner shall permit examination and transcription of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel owner shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.953
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0340

Fishing Gear

(1) Except as provided in OAR 635-004-0360, it is unlawful to take Black Rockfish/Blue Rockfish/Nearshore Fishery species by any means other than:

(a) Hook-and-line gear; or

(b) Pot gear may be used if a Developmental Fisheries Permit for nearshore species using pot gear was issued in 2003. Pot gear shall be limited to a maximum of 35 pots.

(2) It is unlawful to take black rockfish, blue rockfish, or nearshore species using dive gear.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 112-2003, f. & cert. ef. 11-14-03; Renumbered from 635-004-0165, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0345

Length Limits

The minimum length limit for rockfish, greenling, and cabezon taken for commercial purposes by means of non-trawl fishing gear is 12 inches for grass, China, copper, and quillback rockfish and greenling, and 16 inches for cabezon.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 97-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 117-2002, f. & cert. ef. 10-21-02; Renumbered from 635-004-0021, DFW 75-2012, f. 6-28-12

635-004-0350

Harvest and Landing Caps

(1) For 2012, the commercial harvest cap for black rockfish and cabezon are:

(a) Black rockfish: 139.2 metric tons; and

(b) Cabezon: 30.8 metric tons.

(2) For 2012, the commercial landing caps for black rockfish, blue rockfish and other nearshore species are:

(a) Black rockfish, 137.9 metric tons;

(b) Black rockfish and blue rockfish combined: 141.9 metric tons;

(c) Other nearshore rockfish, 14.3 metric tons;

(d) Cabezon, 30.5 metric tons; and

(e) Greenling, 23.4 metric tons.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0355

Trip Limits

(1) The trip limits outlined in this rule are set at the beginning of each calendar year based on commercial harvest caps and projected fishing effort, and are subject to in-season adjustments and closures. Fishers should refer to Nearshore Commercial Fishery Industry Notices on the Marine Resources Program Commercial Fishing Rules and Regulations webpage for the most up-to-date information regarding trip limits and other regulations affecting the Nearshore Commercial Fishery.

(2) For black and blue rockfish combined, vessels with a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit, with or without a Nearshore Endorsement, may land no more than the following cumulative trip limits:

(a) 800 pounds in period 1;

(b) 1,000 pounds in period 2;

(c) 1,400 pounds in each of periods 3 and 4;

(d) 1,000 pounds in period 5; and

(e) 800 pounds in period 6.

(3) For all other nearshore species, vessels with a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit with Nearshore Endorsement may land no more than the following cumulative trip limits in each period:

(a) 700 pounds of other nearshore rockfish combined;

(b) 1,500 pounds of cabezon; and

(c) 250 pounds of greenling species.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0360

Incidental Catch in Other Fisheries

A vessel may land black rockfish, blue rockfish, and nearshore species without a permit or endorsement required by OAR 635-004-0300 if the vessel operator:

(1) For only one landing per day, lands no more than 15 pounds of a combination of black rockfish, blue rockfish and nearshore species, as defined in OAR 635-004-0215, and if the black rockfish, blue rockfish and nearshore species:

(a) Make up 25 percent or less of the total poundage of the landing; and

(b) Are taken with legal groundfish fishing gear.

(2) Operates a vessel that holds a valid Black Rockfish/Blue Rockfish Permit without a Nearshore Endorsement and:

(a) For only one landing per day, lands no more than 15 pounds of nearshore species, as defined in OAR 635-004-0215;

(b) The nearshore species make up 25 percent or less of the total poundage of the landing; and

(c) The nearshore species are taken with gear that is legal to use in the Black Rockfish/Blue Rockfish/Nearshore Fishery.

(3) Operates a vessel in the ocean troll salmon fishery pursuant to ORS 508.801 to 508.825 and the vessel lands black rockfish, blue rockfish or a combination of black and blue rockfish in the same landing in which the vessel lands a salmon under the permit required by ORS 508.801 to 508.825. The black and blue rockfish landed under this subsection must be landed dead. A vessel who lands black rockfish and blue rockfish under this section may land up 100 pounds of black and blue rockfish in aggregate, per landing. When an aggregate incidental catch of black and blue rockfish in the salmon troll fishery reaches 3,000 pounds in a calendar year, the trip limit listed in section (2) of this rule shall be reduced to 15 pounds of black and blue rockfish in aggregate, per trip.

(4) Operates a vessel in the west coast groundfish trawl fishery pursuant to federal regulations and lands no more than 1,000 pounds of black and blue rockfish in aggregate per calendar year, and if the black and blue rockfish:

(a) Make up 25 percent or less of the total poundage of each landing; and

(b) Are landed dead.

(5) Is a nonprofit aquarium or has contracted with a nonprofit aquarium to land black rockfish, blue rockfish or nearshore fish for the purpose of displaying or conducting research on the black rockfish, blue rockfish or nearshore fish.

(6) Does not exceed trip limits as established in OAR 635-004-0355, and OAR 635-004-0365.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 112-2003, f. & cert. ef. 11-14-03; DFW 138-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 123-2007(Temp), f. 11-26-07, cert. ef. 11-28-07 thru 12-31-07; DFW 128-2007, f. 12-13-07, cert. ef. 1-1-08; DFW 142-2008, f. & cert. ef. 11-21-08; Renumbered from 635-004-0170, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0365

Black Rockfish Management Areas

In addition to catch restrictions set forth in the Code of Federal Regulations, Title 50 Part 660, OAR 635-004-0355 and 635-004-0360, the following trip limit applies to black rockfish taken with all commercial gears except trawl:

(1) It is unlawful to take or retain more than 300 pounds of black rockfish per vessel from a single fishing trip within one of the following areas:

(a) Tillamook Head (45°56’45” N latitude) to Cape Lookout (45°20’15” N latitude);

(b) Cascade Head (45°03’50” N latitude) to Cape Perpetua (44°18’ N latitude);

(c) From a point (43°30’ N latitude), approximately 8 1/2 nautical miles north of the Coos Bay north jetty, to a point (43°03’ N latitude) adjacent to the mouth of Four-mile Creek;

(d) Mack Arch (42°13’40” N latitude) to the Oregon-California border (42°00’ N latitude).

(2) No vessel shall take, retain, possess, or land more than the allowed trip limit when fishing occurs for any species of fish within one of these restricted areas.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 117-2002, f. & cert. ef. 10-21-02; DFW 128-2003, f. 12-15-03, cert. ef. 1-1-04; DFW 155-2009, f. 12-28-09, cert. ef. 1-1-10; Renumbered from 635-004-0036, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0370

Organization of Rules

(1) Administrative rules contained in OAR 635-004-0375 shall apply to all fisheries in the Coastal Pelagic and Smelt Species section, and are in addition to and not in lieu of Division 004 General Regulations contained in OAR 635-004-0200 through OAR 635-004-0265. The Coastal Pelagic and Smelt Species Section includes regulations for the Sardine, Inland Waters Herring, Yaquina Bay Roe-Herring, Pacific Ocean Herring, Anchovy and Smelt Fisheries.

(2) Market squid are managed under the Coastal Pelagic Species Fishery Management Plan and through the regulations adopted by reference in OAR 635-004-0375. However, market squid are managed as a shellfish when landed in Oregon, and are subject to regulations in the Squid Fishery Section in Division 005.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0375

Scope, Inclusion, and Modification of Rules

(1) The commercial coastal pelagic species fishery in the Pacific Ocean off Oregon is jointly managed by the state of Oregon and the federal government through the Pacific Fishery Management Council process. The Code of Federal Regulations provides federal requirements for this fishery, including but not limited to the time, place, and manner of taking coastal pelagic species. However, additional regulations may be promulgated subsequently by publication in the Federal Register, and these supersede, to the extent of any inconsistency, the Code of Federal Regulations. Therefore, the following publications are incorporated into Oregon Administrative Rule by reference:

(a) Code of Federal Regulations, Part 660, Subpart I, (October 1, 2010 ed.); and

(b) Federal Register Vol. 76, No. 101, dated May 25, 2011 (76 FR 30267).

(2) Persons must consult the federal regulations in addition to Division 004 to determine all applicable coastal pelagic species fishing requirements. Where federal regulations refer to the fishery management area, that area is extended from shore to three nautical miles from shore coterminous with the Exclusive Economic Zone.

(3) The Commission may adopt additional or modified regulations that are more conservative than federal regulations, in which case Oregon Administrative Rule takes precedence. See OAR 635-004-0205 through 635-004-0235 and 635-004-0380 through 635-004-0545 for additions or modifications to federal coastal pelagic species regulations.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 496.162, 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0380

Fishery Defined

“Sardine fishery” means the commercial fishery for Pacific sardine (Sardinops sagax) in the Pacific Ocean.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0385

Requirement for Sardine Permit

(1) It is unlawful to take, land or possess sardines from the Pacific Ocean without first obtaining a Sardine Permit issued pursuant to OAR 635-004-0390 through 635-004-0415. The Sardine Permit is not required for vessels to retain sardines as incidental catch in other fisheries.

(2) It is unlawful for a wholesaler, canner or buyer to buy or receive sardines taken in the sardine fishery from a vessel for which the permit required by section (1) of this rule has not been issued.

(3) The Department may issue not more than 26 permits required by section (1) of this rule.

(4) A Sardine Permit required by section (1) of this rule is in addition to and not in lieu of the commercial fishing and boat license required by ORS 508.235 and ORS 508.260.

(5) No vessel may hold more than one Oregon Sardine Permit at any one time.

(6) Unless otherwise provided, Sardine Permits must be purchased by December 31 of the year the permit is sought for renewal.

(7) Applications for Sardine Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of a vessel may be required at the time of application.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0390

Permit Fee

(1) The annual fee for a Sardine Permit is $100.00 (plus a $2.00 license agent fee) for applicants.

(2) A fee of $100.00 shall be charged for each transfer of participation rights under OAR 635-004-0415.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0395

Eligibility Requirements for a Permit

(1) An individual or entity is eligible to obtain a Sardine Permit required by OAR 635-004-0385:

(a) If issued a Sardine Permit under the Developmental Fisheries Program in 2005;

(b) Lawfully made landings of sardines into Oregon in 2003 and 2004; and

(c) Lawfully landed:

(A) At least 1,500 metric tons or 35 deliveries in any one year from 2000 through 2004; or

(B) A total of 100 deliveries of sardines into Oregon in 2000 through 2004.

(2) If the number of permits issued under section (1) of this rule is less than 20, enough permits to reach a total of 20 may be issued under section (3) of this rule to vessels in order of highest total number of deliveries during 2000-2004.

(3) An individual or entity is eligible to obtain a Sardine Permit under section (2) of this rule if the vessel for which applications is made:

(a) Was not issued a permit under section (1) of this rule; and

(b) Lawfully made landings of sardines into Oregon in 2003 and 2004; and

(c) Lawfully landed:

(A) At least 1,500 metric tons or 35 deliveries in any one year from 2000 through 2004; or

(B) A total of 100 deliveries of sardines into Oregon in 2000 through 2004.

(4) In addition to those Sardine Fishery Permits previously issued by the Department in calendar year 2006, the Department shall issue a Sardine Fishery Permit to any individual or entity, if that individual or entity held a legally qualified Oregon Developmental Fisheries Permit for Sardines on August 1, 2005, provided that neither the individual or entity has been previously issued an Oregon Sardine Fishery Permit in 2006.

(5) An individual or entity is eligible to obtain a Sardine Permit required by OAR 635-004-0385:

(a) By renewal of the previous year’s permit as specified in OAR 635-004-0405; or

(b) Through the lottery if a lottery is held in accordance with OAR 635-004-0410.

(6) In making determinations regarding issuance or renewal of a Sardine Permit, the Department and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements Department records and such receipts, accounts, contracts and other business records of private parties as the Department or the Board considers reliable evidence of the qualifications or requirements in question.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0400

Review of Denials

(1) An individual whose application for issuance, renewal or transfer of a Sardine Permit established pursuant to OAR 635-004-0385, 635-004-0405 and 635-004-0410 is denied may make written request to the Board for review of the denial. The review provided in this section is in lieu of any such review by the Department or the Commission. The request shall be in such form and shall contain such information as the Board considers appropriate.

(2) The Board shall review a denial of an application for renewal or request to transfer a Sardine Permit according to the applicable provisions of ORS chapter 183. Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to 183.500. The Board may waive requirements for renewal of Sardine Permits if the Board finds that strict adherence to these requirements were not met as a result of undue hardship as defined in OAR 635-004-0215.

(3) A party, including the Department, must petition for Board review of the hearing officer’s proposed order within 30 days of service of the proposed order if the party wants to file an exception to the proposed order. A party must identify what parts of the proposed order it objects to, and refer to parts of the administrative record and legal authority supporting its position.

(4) The Board may delegate to the Department its authority to waive requirements for renewal of Sardine Permits in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(5) The sardine fishery requires a $125 non-refundable application fee for Board review. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0405

Renewal of Permit

(1) Sardine Permits may be renewed for the following year:

(a) By submitting a $100.00 fee (plus a $2.00 license agent fee) and a complete application to the Department date-stamped or postmarked by December 31 of the year the permit is sought for renewal; and

(b) If all logbooks required under OAR 635-004-0420 were submitted;

(2) An application for renewal of a Sardine Permit shall be considered complete if it is legible, has all information requested in the form, and is accompanied by the required fee in full. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by December 31 of the permit year sought, the individual shall not be considered to have applied for renewal in a timely manner.

(3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application shall not be grounds for treating the application as having been filed in a timely and complete manner.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0410

Lottery for Limited Entry Sardine Permits

(1) If the number of Sardine Permits issued in accordance with OAR 635-004-0385 falls below 24, the Department in the next succeeding calendar year may issue Sardine Permits by a lottery system. However, as a result of such a lottery, the total number of Sardine Permits issued may not exceed 26.

(2) Each applicant for a permit lottery shall complete the application form prescribed by the Department.

(3) Application for vessel permits shall only be accepted for vessels, which, in the judgment of the Department, are capable of operating the gear necessary to legally participate in the fishery. Vessels of a size or design incapable of harvesting the permitted species are not eligible for the lottery.

(4) Only one application per vessel may be submitted for each permit fishery lottery.

(5) Any application which is not legible, has incomplete information, or is postmarked after the deadline shall not be entered in the lottery. Applications for all permits will be accepted at the Salem headquarters office of the Department, and shall be postmarked or date stamped no later than March 31 of the year for which the permit is issued.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0415

Transferability of Permits

(1) Any transfer of a Sardine Permit away from a vessel without the written consent of each person holding a security interest in such vessel is void.

(2) Sardine Permits are transferable up to two times in one calendar year.

(3) Applications to transfer a Sardine Permit shall only be accepted to vessels, which in the judgment of the Department, are capable of operating the gear necessary to legally participate in the fishery. Vessels of a size or design incapable of harvesting sardines are not eligible for transfer.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0420

Logbook Required

(1) The Department shall make available a logbook to each licensed commercial fishing vessel which holds a valid Sardine Permit.

(2) The permit holder is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the permit holder shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the permit holder shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0425

Fishing Gear

A grate with spacing no larger than 2-3/8 inches between the bars must be placed over the intake of the hold of the vessel to sort out larger species of fish.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06; Renumbered from 635-004-0011, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0430

Sardine Catching Vessel

(1) Only a sardine catching vessel may pump fish onboard, directly from the pursed seine of another sardine catching vessel, and lawfully land that catch.

(2) Any sardine catching vessel involved in pumping fish from the pursed seine of another sardine catching vessel must have onboard legal seine gear capable of catching sardine including, but not limited to seine net, skiff, and pumping gear. All gear must be in working order.

(3) Any sardine catching vessels involved in pumping fish from a pursed seine with other sardine catching vessels shall document in the logbooks required under OAR 635-004-0420 the vessel(s) that made the set, any other vessel(s) pumping fish from the pursed seine, as well as all appropriate information on catch and location.

(4) No more that 20% of the landings made by a sardine catching vessel may contain fish pumped from pursed seines of other sardine catching vessels.

(5) For the purposes of this rule, “Sardine catching vessel” means a vessel holding a valid Sardine Permit pursuant to OAR 635-004-0385 that lawfully deployed purse seine gear during the current year and pumped resultant catch onboard the same vessel for delivery to a port of landing or fish dealer.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 38-2009, f. & cert. ef. 4-22-09; Renumbered from 635-004-0012, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0435

Bycatch Restriction

All groundfish and salmon, as defined by OAR 635-004-0215, must be returned to the water immediately. Every effort must be made to dipnet salmon out of the seine net before they go through a pump system.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06; Renumbered from 635-004-0013, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0440

No Directed Reduction Fishery Allowed

(1) No more than ten percent of a sardine landing may be used for the purposes of conversion into fish flour, fish meal, fish scrap, fertilizer, fish oil, other fishery products or by-products for purposes other than human consumption or fishing bait.

(2) Exceptions to the limit in section (1) of this rule may be granted due to unforeseen circumstances with written authorization by the Director to avoid wastage of fish.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 142-2008, f. & cert. ef. 11-21-08; Renumbered from 635-004-0014, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0445

Fishery Defined

“Inland waters herring fishery” means the commercial fishery for Pacific herring (Clupea harengus pallasi) in bays and estuaries.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0450

Inland Waters Herring Season

The following are season restrictions for the commercial taking of herring in inland waters:

(1) In all inland waters except Yaquina Bay, herring taken during the period January 1 through April 15 may only be sold for use as bait.

(2) In Yaquina Bay, herring may be taken for roe January 1 through April 15 pursuant to OAR 635-004-0455 through 635-004-0505.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FWC 50-1979, f. & ef. 11-1-79; FWC 67-1980, f. & ef. 12-3-80; FWC 4-1983, f. 1-28-83, ef. 2-1-83; FWC 8-1983(Temp), f. & ef. 2-15-83; FWC 8-1984(Temp), f. & ef. 3-5-84, FWC 29-1984, f. & ef. 7-3-84; FWC 9-1985(Temp), f. & ef. 2-20-85; FWC 5-1986(Temp), f. & ef. 2-11-86; FWC 6-1989(Temp), f. 2-15-89, cert. ef. 2-16-89; FWC 18-1990(Temp), f. 2-23-90, cert. ef. 2-24-90; FWC 13-1991(Temp), f. & cert. ef. 2-22-91; FWC 21-1995(Temp), f. 3-7-95, cert. ef. 3-8-95; FWC 10-1996(Temp), f. & cert. ef. 3-5-96; FWC 14-1997(Temp), f. & cert. ef. 3-10-97; DFW 11-2003, f. & cert. ef. 2-10-03; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 124-2004(Temp), f. 12-10-03, cert. ef. 1-1-04 thru 4-15-04; Administrative correction 8-2-04; DFW 119-2004(Temp), f. 12-13-04, cert. ef. 1-1-05 thru 4-15-05; Administrative correction 4-20-05; DFW 143-2005(Temp), f. 12-16-05, cert. ef. 1-1-06 thru 4-15-06; Administrative correction 4-19-06; DFW 132-2006(Temp), f. 12-20-06, cert. ef. 1-1-07 thru 4-15-07; DFW 133-2007(Temp), f. 12-26-07, cert. ef. 1-1-08 thru 4-15-08; Administrative correction 4-23-08; DFW 153-2008(Temp), f. 12-29-08, cert. ef. 1-1-09 thru 4-15-09; Administrative correction 5-20-09; DFW 153-2009(Temp), f. 12-23-09, cert. ef. 1-1-10 thru 4-15-10; Administrative correction 4-21-10; DFW 2-2012(Temp), f. & cert. ef. 1-9-12 thru 4-15-12; Administrative correction, 5-25-12; Renumbered from 635-004-0027, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0455

Fishery Defined

“Yaquina Bay Roe-Herring fishery” means the commercial fishery for Pacific herring (Clupea harengus pallasi) open annually between January 1 and April 15 in Yaquina Bay.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0460

Requirement for Yaquina Bay Roe-Herring Permit

(1) It is unlawful to take, land or possess herring in the Yaquina Bay roe-herring fishery without first obtaining a Yaquina Bay Roe-Herring Permit issued pursuant to OAR 635-004-0465 through 635-004-0495.

(2) It is unlawful for a wholesaler, canner or buyer to buy or receive herring taken in the Yaquina Bay roe-herring fishery from a vessel for which the permit required by section (1) of this section has not been issued.

(3) A Yaquina Bay Roe-Herring Permit required by section (1) of this rule is in addition to and not in lieu of the commercial fishing and boat license required by ORS 508.235 and ORS 508.260.

(4) No vessel may hold more than one Yaquina Bay Roe-Herring Permit at any one time.

(5) No individual may hold more than one Yaquina Bay Roe-Herring Permit at any one time.

(6) Unless otherwise provided, Yaquina Bay Roe-Herring Permits must be purchased by December 31 of the year the permit is sought for renewal.

(7) Applications for Yaquina Bay Roe-Herring Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of a vessel may be required at the time of application.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0465

Permit Fee

(1) The annual fee for a Yaquina Bay Roe-Herring Permit is $125.00 (plus a $2.00 license agent fee) for resident applicants and $290.00 (plus a $2.00 license agent fee) for non-resident applicants. See ORS 508.765.

(2) A fee of $100.00 shall be charged for each transfer of participation rights under OAR 635-004-0495. See ORS 508.765.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.765
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0470

Eligibility Requirements for a Permit

(1) Individuals must meet eligibility requirements for a Yaquina Bay Roe-Herring Permit found in these rules.

(2) An individual licensed under ORS 508.235 is eligible to obtain a Yaquina Bay Roe-Herring Permit required by OAR 635-005-0460:

(a) By renewal of the previous year’s permit as specified in OAR 635-004-0485; or

(b) Through the lottery if a lottery is held in accordance with OAR 635-004-0490.

(3) In making determinations regarding issuance or renewal of a Yaquina Bay Roe-Herring Permit, the Department and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements Department records and such receipts, accounts, contracts and other business records of private parties as the Department or the Board considers reliable evidence of the qualifications or requirements in question.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0475

Revocation and Refusal to Issue Permits

The Commission may revoke and refuse subsequent issuance of a Yaquina Bay Roe-Herring Permit pursuant to ORS 508.485 and 508.490.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.765
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0480

Review of Denials

(1) An individual whose application for issuance, renewal or transfer of a Yaquina Bay Roe-Herring Permit established pursuant to OAR 635-004-0460, 635-004-0485 and 635-004-0495 is denied may make written request to the Board for review of the denial. The procedure for requesting review and the applicable standard of review of denial for a Yaquina Bay Roe-Herring Permit shall be as provided in ORS 508.765.

(2) For the Yaquina Bay roe-herring fishery, the Board may waive renewal requirements for permits if the Board finds that:

(a) The individual for personal or economic reasons chose to actively commercially fish the permit vessel in some other ocean fishery during the roe-herring season; or

(b) Strict adherence to requirements were not met as a result of undue hardship as defined in OAR 635-004-0215.

(3) The Board may delegate to the Department its authority to waive requirements for renewal of Yaquina Bay Roe-Herring Permits in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(4) The Yaquina Bay roe-herring fishery requires a $125 non-refundable application fee for Board review. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee.

(5) Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to 183.550.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.765
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0485

Renewal of Permit

(1) Yaquina Bay Roe-Herring Permits may be renewed by submission to the Department of a $125.00 fee (plus a $2.00 license agent fee) for resident applicants and $290.00 fee (plus a $2.00 license agent fee) for non-resident applicants and a complete application date-stamped or postmarked by December 31 of the year the permit is sought for renewal.

(2) An application for renewal of a Yaquina Bay Roe-Herring Permit shall be considered complete if it is legible, has all information requested in the form, and is accompanied by the required fee in full. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by December 31 of the permit year sought, the individual shall not be considered to have applied for renewal in a timely manner.

(3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application may not be grounds for treating the application as having been filed in a timely and complete manner.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.765
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0490

Lottery for Limited Entry Yaquina Bay Roe-Herring Permits

(1) If the number of Yaquina Bay Roe-Herring Permits issued in accordance with OAR 635-004-0460 falls below six, the Department in the next succeeding calendar year may issue Yaquina Bay Roe-Herring Permits by a lottery system. However, as a result of any such lottery, the total number of Yaquina Bay Roe-Herring Permits issued may not exceed six;

(2) Each applicant for a permit lottery shall complete the application form prescribed by the Department.

(3) Application for vessel permits shall only be accepted for vessels, which, in the judgment of the Department, are capable of operating the gear necessary to legally participate in the fishery. Vessels of a size or design incapable of harvesting the permitted species are not eligible for the lottery.

(4) Only one application per vessel may be submitted for each permit fishery lottery.

(5) Any application which is not legible, has incomplete information, or is postmarked after the deadline shall not be entered in the lottery. Applications for all permits will be accepted at the Salem headquarters office of the Department, and shall be postmarked or date stamped no later than March 31 of the year for which the permit is issued.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.765
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0495

Transferability of Permits

(1) Any transfer of a Yaquina Bay Roe-Herring Permit without the written consent of each person holding a security interest in such permit is void.

(2) A Yaquina Bay Roe-Herring Permit is transferable to:

(a) A replacement vessel of the permit holder; or, upon request of a permit holder, the Department may authorize transfer of a permit to a replacement vessel owned by an individual other than the permit holder. “Replacement vessel” means a vessel purchased to replace a permitted vessel which had been lost due to fire, capsizing, sinking or other event;

(b) The purchaser of the vessel when the vessel is sold.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.765
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0500

Logbook Required

(1) The Department shall make available a logbook to each licensed commercial fishing vessel which holds a valid Yaquina Bay Roe-Herring Permit.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.765
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0505

Roe-Herring Season and Harvest Limit

(1) The open season for the taking of herring for roe in Yaquina Bay is January 1 through April 15.

(2) The yearly commercial harvest cap for the Yaquina Bay commercial roe herring fishery shall not exceed 20% of the available spawning biomass as established in the Yaquina River Basin Fish Management Operating Principles and Objectives 635-500-0665(2). The available spawning biomass shall be determined by the ODFW Fish Division’s Marine Resources Program. Only fishers with a limited entry permit issued pursuant to ORS 508.765 may participate in this fishery.

(3) The factor used to convert an equivalent amount of “whole fish” resource in the Yaquina Bay commercial roe herring fishery during the period of January 1 through April 15 to the equivalent amount of herring eggs on kelp fishery is 0.2237.

(4) During the period January 1 through April 15 it is unlawful to:

(a) Fish commercially from midnight Friday through midnight Sunday with nets; and

(b) Use any fishing gear or method of harvest for the taking of herring other than: a purse seine with a maximum length of 50 fathoms (300 feet), defined as the maximum distance from the first to last pursing rings on the purse line; lampara net; hook and line; or eggs-on-kelp method.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0510

Fishery Defined

“Pacific Ocean herring fishery” means the commercial fishery for Pacific herring (Clupea harengus pallasi) in the Pacific Ocean.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0515

Pacific Ocean Herring Season

There is no closed season for the commercial taking of herring in the Pacific Ocean.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FWC 50-1979, f. & ef. 11-1-79; Renumbered from 635-004-0026, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0520

Logbook Required

(1) The Department shall make available a logbook to each commercial fishing vessel licensed to take Pacific Ocean herring.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0525

Fishery Defined

“Anchovy fishery” means the commercial fishery for Northern anchovy (Engraulis mordax) in the Pacific Ocean, the Columbia River and the bays and estuaries outlined in OAR 635-004-0530(1).

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0530

Inland Waters Anchovy Fishery

(1) Anchovies may be harvested by commercial vessels in Tillamook, Yaquina, Winchester, and Coos Bays to be used as live bait in commercial fishing operations by the catching vessel from July 1 through October 31.

(2) Any vessel engaged in the commercial taking of anchovies must obtain a boat license or commercial bait fishing license as required by ORS 508.260 and ORS 508.312.

(3) Any person engaged in or assisting in the taking of anchovies from the waters of this state must possess a commercial fishing license or bait fishing license as required by ORS 508.235 and ORS 508.312.

(4) It is unlawful to use any fishing gear or method of harvest for the taking of anchovy other than:

(a) Purse seine with a maximum length of 50 fathoms (300 feet), defined as the maximum distance from the first to last pursing rings on the purse line;

(b) Lampara net; or

(c) Hook and line.

(5) All species other than anchovies, taken in operation of gear authorized by this rule, must be returned to the water immediately unharmed.

(6) Fishers intending to fish as described above must notify Oregon State Police 12 hours prior to fishing by calling 1-800-452-7888. Notification shall include vessel name and number, fishing location, and estimated time of activity.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 46-2009(Temp), f. 5-6-09, cert. ef. 6-1-09 thru 11-1-09; DFW 91-2009, f. & cert. ef. 8-10-09; Runumbered from 635-004-0042, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0535

Logbook Required

(1) The Department shall make available a logbook to each individual or commercial fishing vessel permitted pursuant to OAR 635-004-0530 to harvest anchovies for live bait.

(2) Each individual or vessel operator is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the individual or vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the individual or vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0540

Fishery Defined

“Smelt fishery” means the commercial fishery for all species in the family Osmeridae in the Pacific Ocean and Columbia River.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0545

Prohibitions

(1) Smelt may be taken for commercial purposes from the Columbia River described in OAR 635-042-0130.

(2) The targeted take of smelt for commercial purposes is prohibited at all times.

(3) Incidentally caught smelt may be landed by vessels targeting other commercial species in the Pacific Ocean, and shall not exceed 1% of landing by weight.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FC 241, f. 4-5-72, ef. 4-15-72; FC 290(75-3), f. 2-20-75, ef. 3-11-75, Renumbered from 625-0100-210; FWC 16-1979, f. & ef. 4-27-79, Renumbered from 635-036-0140; FWC 83-1985, f. 12-17-85, ef. 12-18-85; DFW 156-2009, f. 12-29-09, cert. ef. 1-1-10; DFW 157-2010, f. 12-6-10, cert. ef. 1-1-11; Renumbered from 635-004-0070, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0550

Organization of Rules

Administrative rules contained in OAR 635-004-0555 shall apply to all fisheries in the Highly Migratory Species Section, and are in addition to and not in lieu of Division 004 General Regulations contained in OAR 635-004-0200 through OAR 635-004-0265. The Highly Migratory Species Section includes regulations for the Albacore Tuna Fishery.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0555

Scope, Inclusion, and Modification of Rules

(1) The commercial highly migratory species fishery in the Pacific Ocean off Oregon is jointly managed by the state of Oregon and the federal government through the Pacific Fishery Management Council process. The Code of Federal Regulations provides federal requirements for this fishery, including but not limited to the time, place, and manner of taking highly migratory species. However, additional regulations may be promulgated subsequently by publication in the Federal Register, and these supersede, to the extent of any inconsistency, the Code of Federal Regulations. Therefore, the following publications are incorporated into Oregon Administrative Rule by reference:

(a) Code of Federal Regulations, Part 660, Subpart K, (October 1, 2011 ed.); and

(b) Federal Register Vol. 76, No. 177, dated September 13, 2011 (76 FR 56327).

(2) Persons must consult the federal regulations in addition to Division 004 to determine all applicable highly migratory species fishing equiements. The area that federal regulations apply to is hereby extended to the area from shore to three nautical miles from shore, coterminous with the Exclusive Economic Zone.

(3) The Commission may adopt additional or modified regulations that are more conservative than federal regulations, in which case Oregon Administrative Rule takes precedence. See OAR -004-0205 through 635-004-0235 and 635-004-0560 through 635-004-0570 for additions or modifications to federal coastal pelagic species regulations.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 496.162, 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0560

Fishery Defined

“Albacore tuna fishery” means the commercial fishery for albacore tuna (Thunnus alalunga) in the Pacific Ocean.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0565

License Required

(1) Vessels electing to take, land or possess only albacore tuna for commercial purposes in a calendar year in Oregon may purchase an Albacore Tuna Landing License in lieu of commercial fishing, crewmember, and boat licenses.

(a) Vessels which hold an Albacore Tuna Landing License are considered commercial fishing vessels for the purposes of U.S. Coast Guard Commercial Fishing Vessel Safety Requirements, law enforcement and fishery management.

(b) An Albacore Tuna Landing License is not required to take, land or possess albacore tuna for vessels licensed pursuant to ORS 508.260 and individuals licensed pursuant to ORS 508.235.

(2) Application for this license may be made and fee paid at time of first calendar year albacore tuna landing into Oregon or at any Department marine field office or Salem Headquarters office, on a Department license application form.

(3) Fees for an Albacore Tuna Landing License are as follows:

(a) Vessels that hold a valid commercial fishing license from another state: $20.00 (plus a $2.00 license agent fee).

(b) Vessels that do not hold a valid commercial fishing license from another state and all foreign vessels: $125.00 (plus a $2.00 license agent fee).

(4) An Albacore Tuna Landing License allows unlimited landings of albacore tuna by the vessel during the calendar year of issuance.

(5) Albacore Tuna Landing Licenses are not transferable.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129, 508.285 & 508.300
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0570

Exemption to Far Offshore Fishery Restriction

Albacore tuna vessel operators are exempt from Far Offshore Fishery regulations pursuant to OAR 635-004-0240 through 635-004-0265 for fishing for or landing albacore tuna only.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0575

Organization of Rules

The Other Finfish Section includes regulations for Halibut, Coastal Rivers Shad, Hagfish, Sturgeon, Surfperch, Minor Finfish and Intertidal Animal Fisheries.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0580

Fishery Defined

“Halibut fishery” means the commercial fishery for Pacific halibut (Hippoglossus stenolepis) in the Pacific Ocean.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0585

Scope, Inclusion, and Modification of Rules

(1) The commercial Pacific halibut fishery in the Pacific Ocean off Oregon is jointly managed by the state of Oregon, the federal government, and the International Pacific Halibut Cmmission (IPHC). The Code of Federal Regulations provides federal requirements for this fishery, including but not limited to the time, place, and manner of taking Pacific halibut. However, additional federal regulations may be promulgated subsequently by publication in the Federal Register, and these supersede, to the extent of any inconsistency, the Code of Federal Regulations. Therefore, the following publications are incorporated into Oregon Administrative Rule by reference:

(a) Code of Federal Regulations, Part 660, Subpart E, (October 1, 2011 ed.); and

(b) Federal Register Vol. 77, No. 56, dated March 22, 2012 (77 FR 16740).

(2) Persons must consult the federal regulations in addition to Division 004 to determine all applicable Pacific halibut fishing requirements. The area that federal regulations apply to is hereby extended to the area from shore to three nautical miles from shore, coterminous with the Exclusive Economic Zone.

(3) The Commission may adopt additional or modified regulations that are more conservative than federal regulations, in which case Oregon Administrative Rule takes precedence.

(4) It is unlawful to take Pacific halibut for commercial purposes except as set by federal regulations and the IPHC and in accordance with a valid permit issued by the IPHC.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 469.162, 506.109, 506.129 & 508.306
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0590

Fishery Defined

“Coastal rivers shad fishery” means the commercial fishery for American shad (Alosa sapidissima) in the bays and rivers specified in OAR 635-004-0595.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0595

Closed Season

(1) It is unlawful to take shad for commercial purposes from the inland waters of this state other than:

(a) The Columbia River as provided in OAR 635-042-0105 through 635-042-0110.

(b) The Coquille, Siuslaw, Umpqua and Smith Rivers from 6 a.m. May 10 to 6 a.m. July 1 of each year in the area not otherwise closed by ORS 511.506.

(2) Shad eight inches or less in length may be taken for commercial purposes incidentally in the Inland Waters herring baitfish fishery when legally seining for herring as defined in OAR-635-004-0450.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 241, f. 4-5-72, ef. 4-15-72; FC 272(74-4), f. 3-20-74, ef. 4-11-74; FC 275(74-8)(Temp), f. & cert ef. 4-19-74, Renumbered from 625-010-0615, Renumbered from 635-036-0300; FC 275(74-8), f. 4-19-74, cert. ef. 5-11-74, Renumbered from 625-010-0615, Renumbered from 635-036-0300; FWC 77-1984, f. 11-28-84, ef. 12-1-84; DFW 112-2003, f. & cert. ef. 11-14-03; Renumbered from 635-004-0055, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0600

Fishing Gear

(1) It is unlawful to take shad for commercial purposes by any means other than:

(a) Gillnets or set nets of a mesh size not less than five inches nor more than 6-1/2 inches in the Coquille and Siuslaw Rivers;

(b) Gillnets having a mesh size of not less than six inches nor more than 6-3/4 inches in the Umpqua River; and

(c) Gillnets or set nets of a mesh size not less than six inches nor more than 6-3/4 inches in the Smith River.

(2) It is unlawful for a gillnet in whole or in part to be anchored, tied, staked, fixed, or attached to the bottom, shore, or a beached vessel; left unattended at any time it is in operation; attended by more than one vessel while being fished; or for more than one gillnet to be fished from a licensed commercial fishing vessel at any one time.

(3) There shall be sufficient buoyancy in the corks and/or floats on the cork line of any gillnet so that said net shall be free to drift with the current. None of the lines used thereon shall be of metal or of any metallic substance or material. The lead or weight on the lead line of any gillnet shall not exceed two pounds in total weight on any one fathom, measurement to be taken along the cork line of said net. However, should extra or additional weight appear necessary or make practical the operation of any such net, permission to use in excess of two pounds-weight per fathom of net may be granted by the Commission to any duly licensed gillnet fisher upon written application which includes an adequate justification for the additional leads or weights of any kind attached to any part of such net except as herein provided.

(4) Before a fisher may fish a set net at any one location, the fisher must first register the site by providing a written description of the site location to the Department of Fish and Wildlife, Southwest Regional Office, 4192 N. Umpqua Highway, Roseburg, OR 97470.

(5) It is unlawful for a:

(a) Set net or gillnet to be used which is constructed of material having a breaking strength greater than ten pounds pull on any single mesh;

(b) Set net to be used which exceeds 300 feet in length;

(c) Set net or any part or portion thereof to be set or operated within a distance of 150 feet from any other set net or any part or portion thereof including the monument or marker to which attached;

(d) Set net to be set or operated in such a manner that the portion of the set net at right angles to the thread of the bay or river is at any time longer than one-third the measured distance across the bay or river. This distance to be measured from bank to bank at mean low water;

(e) Commercial fisher to register and operate more than six set net sites at any one time;

(f) Commercial fisher to fish a set net at a site which the fisher has not registered with the Department;

(g) Commercial fisher to fish a set net at a site which is not clearly marked with his or her commercial fishing license number on a substantial post or monument created for that purpose on the bank of the river or upon a buoy securely anchored on the site location.

(6) The size of mesh of any gillnet or set net is determined by placing any three meshes of such net, while wet from soaking in water for not less than an hour, under ten pounds vertical tension and then measuring while under such tension the distance between the inside of the knot of the middle mesh to the outside of the opposite vertical knot of the middle mesh.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 241, f. 4-5-72, ef. 4-15-72; FC 272(74-4), f. 3-20-74, ef. 4-11-74; FC 287(74-22), f. 11-27-74, ef. 12-25-74; FWC 91, f. 2-23-77, ef. 3-1-77, Renumbered from 625-010-0620, Renumbered from 635-036-0305; FWC 27-1980, f. & ef. 6-23-80; FWC 77-1984, f. 11-28-84, ef. 12-1-84; FWC 8-1985 (Temp), f. & ef. 2-19-85; FWC 50-1989, f. 7-28-89, cert. ef. 7-31-89; DFW 142-2008, f. & cert. ef. 11-21-08; Renumbered from 635-004-0060, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0605

Incidental Catch of Salmon and Striped Bass

(1) It is unlawful to possess any salmon or striped bass taken as an incidental catch under OAR 635-004-0590 through 635-004-0600.

(2) Any person fishing with a gill net or setnet for shad under OAR 635-004-0590 through 635-004-0600 who upon lifting, drawing, taking up, or removing any such net from the water finds salmon or striped bass entangled or caught therein must immediately and carefully release and return the salmon or striped bass to the water.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 241, f. 4-5-72, ef. 4-15-72; FC 272(74-4), f. 3-20-74, ef. 4-11-74; FWC 52, f. & ef. 3-26-76, Renumbered from 625-010-0625, Renumbered from 635-036-0310; FWC 77-1984, f. 11-28-84, ef. 12-1-84; FWC 28-1988(Temp), f. & cert. ef. 4-29-88; Renumbered from 635-004-0065, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0610

Fishery Defined

“Hagfish fishery” means the commercial fishery for Pacific hagfish (Eptatretus stoutii) and Black hagfish (Eptatretus deani) in the Pacific Ocean.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0615

Pacific Hagfish Harvest Guideline

When landed annual catch approaches 1.6 million pounds of Pacific Hagfish, the Department Marine Resources Program will hold a public meeting to evaluate the fishery.

Stat. Auth.: ORS 496.138, 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 469.162, 506.109 & 506.129
Hist.: DFW 156-2009, f. 12-29-09, cert. ef. 1-1-10 ; Renumbered from 635-004-0066, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0620

Fishing Gear

(1) It is unlawful for a single commercial fishing vessel to possess, use, control or operate more than 200 hagfish pots. Pots may be fished individually or on common ground line.

(2) Pot gear used for hagfish shall include a biodegradable escape exit of at least three inches in diameter constructed with 120 thread size or smaller, untreated cotton twine or mild steel not to exceed 1/4-inch (six mm) in diameter or other materials approved by the Director.

(3) All other species of finfish and shellfish caught in hagfish pots authorized under this rule must be returned immediately to the water.

Stat. Auth.: ORS 496.138, 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 469.162, 506.109, 506.129 & 506.306
Hist.: DFW 156-2009, f. 12-29-09, cert. ef. 1-1-10; Renumbered from 635-004-0068, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0625

Logbook Required

(1) The Department shall make available a logbook to each commercial fishing vessel licensed to harvest hagfish.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0630

Fishery Defined

“Sturgeon fishery” means the commercial fishery for white sturgeon (Acipenser transmontanus) in the areas outlined in OAR 635-004-0635.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0635

Closures

(1) It is unlawful to take, land or possess white sturgeon (Acipenser transmontanus) for commercial purposes except in the:

(a) Columbia River, in the areas and during the times open to the taking of sturgeon for commercial purposes as provided in OAR 635-042-0135;

(b) Coquille and Siuslaw, in the areas and during the times open to the taking of shad for commercial purposes as provided in OAR 635-004-0595; and

(c) The Pacific Ocean at all times.

(2) It is unlawful to take, land or possess green sturgeon (Acipenser medirostris) for commercial purposes.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.119, 506.129 & 506.306
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0120, Renumbered from 635-036-0110; FWC 1-1981, f. & ef. 1-19-81; FWC 23-1995, f. 3-29-95, cert. ef. 4-1-95; DFW 155-2009, f. 12-28-09, cert. ef. 1-1-10; Renumbered from 635-004-0080, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0640

Fishing Gear

It is unlawful to take sturgeon for commercial purposes by any means other than the commercial fishing gear authorized in the fishing area in which the sturgeon are taken, except setlines are permitted in the Columbia River.

Stat. Auth.: ORS 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.119, 506.129 & 506.306
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0125, Renumbered from 635-036-0115; Renumbered from 635-004-0085, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0645

Size Limit

(1) Except as provided in OAR 635-007-0700 through 635-007-0720 it is unlawful to:

(a) Take from the waters of this state or to land sturgeon for commercial purposes less than 43 inches or more than 54 inches in fork length;

(b) Remove the head or tail of any sturgeon taken from the waters of this state or landed for commercial purposes prior to being received at the premises of a wholesale fish dealer or canner; or

(c) To possess, sell, or transport any whole sturgeon under four feet in length taken for commercial purposes in the waters of this state or the Pacific Ocean. Proof of possession, sale, or transportation of any dressed sturgeon under 28 inches in length exclusive of head and tail shall in itself create a permissible inference that the dressed sturgeon was under 43 inches in fork length at the time it was taken.

(2) Any person fishing with commercial fishing gear in the waters of this state who, on lifting, drawing, taking up or removing any such gear finds sturgeon entangled or caught therein which are not within the legal length limits set forth in subsection (1)(a) of this rule or during a season not open for sturgeon, shall immediately, with care and the least possible injury to the fish, disentangle, release and transfer the fish to the water without violence.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 241, f. 4-5-72, ef. 4-15-72; Renumbered from 625-010-0130; Renumbered from 635-036-0120; FWC 39-1981, f. 10-30-81, ef. 1-1-81; FWC 33-1988, f. & cert. ef. 5-24-88; FWC 9-1994, f. 2-14-94, cert. ef. 2-15-94; FWC 23-1995, f. 3-29-95, cert. ef. 4-1-95; DFW 1-1998, f. & cert. ef. 1-9-98; DFW 144-2005(Temp), f. 12-20-05, cert. ef. 1-1-06 thru 3-31-06; DFW 5-2006, f. & cert. ef. 2-15-06; DFW 157-2008(Temp), f. 12-31-08, cert. ef. 1-1-09 thru 6-29-09; DFW 39-2009, f. & cert. ef. 4-27-09; Renumbered from 635-004-0090, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0650

Fishery Defined

“Surfperch fishery” means the commercial fisheries for calico surfperch (Amphistichus koelzi); redtail surfperch (A. rhodoterus); kelp perch (Brachyistius frenatus); shiner perch (Cymatogaster aggregata); striped seaperch (Embiotoca lateralis); spotfin surfperch (Hyperprosopon anale); walleye surfperch (H. argenteum); silver surfperch (H. ellipticum); white seaperch (Phanerodon furcatus); and pile perch (Rhacophilus vacca) in the Pacific Ocean.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0655

Closed Season

It is unlawful to take surfperch for commercial purposes from the Pacific Ocean from August 1 through September 30.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0660

Fishery Defined

“Minor finfish fisheries” means the commercial fisheries for the species listed in OAR 635-004-0665.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0665

Minor Finfish Species

(1) The following list of species is recognized by the Department as minor finfish species:

(a) Blue shark (Prionace glauca);

(b) Eelpouts (family Zoarcidae);

(c) Pacific pomfret (Brama japonica);

(d) Pacific sandfish (Trichodon trichodon);

(e) Salmon shark (Lamna ditropis);

(f) Skilfish (Erilepis zonifer);

(g) Slender sole (Eopsetta exilis);

(h) Walleye pollock (Theragra chalcogramma); and

(i) Wolf-eel (Anarrhichthys ocellatus).

(2) It is unlawful to take, land or possess any of the species listed in section (1) of this rule without the proper licenses and permits described in ORS 508.025 through 508.312.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0670

Logbook Required

(1) The Department shall make available a logbook to each commercial fishing vessel licensed to harvest any minor finfish species included in OAR 635-004-0665.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

(6) Those species listed in OAR 635-004-0665 are exempt from the logbook requirements of this rule when taken as a ‘weighback species,’ pursuant to OAR 635-006-0210.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0675

Fishery Defined

“Intertidal Animal Fishery” means the commercial fisheries for animals living intertidally on the bottom.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0680

Permit Required

(1) It is unlawful to take, land or possess animals living intertidally on the bottom for commercial purposes without first obtaining a Commercial Shellfish And Intertidal Animal Permit issued by the Department pursuant to OAR 635-005-0245.

(2) The Commercial Shellfish And Intertidal Animal Permit is in addition to, and not in lieu of a commercial fishing license, bait fishing license or boat license required by ORS 508.235, 508.312 and 508.260.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129, 506.306 & 508.116
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0685

Permit Fee

(1) The annual fee for the Commercial Shellfish And Intertidal Animal Permit is $40.00 (plus a $2.00 license agent fee) for applicants.

(2) The Commercial Shellfish And Intertidal Animal Permit is only available at the Astoria, Newport and Charleston Department field offices.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.116
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

635-004-0690

Logbook Required

(1) The Department shall make available a logbook to each licensed commercial fisher who holds a valid Commercial Shellfish And Intertidal Animal Permit.

(2) Each permit holder is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12


 

Rule Caption: Oregon Commercial Fishing Regulations, Division 635-005 Restructure and Reorganization.

Adm. Order No.: DFW 76-2012

Filed with Sec. of State: 6-28-2012

Certified to be Effective: 7-1-12

Notice Publication Date: 5-1-2012

Rules Adopted: 635-005-0225, 635-005-0230, 635-005-0235, 635-005-0245, 635-005-0250, 635-005-0255, 635-005-0260, 635-005-0265, 635-005-0270, 635-005-0275, 635-005-0280, 635-005-0305, 635-005-0310, 635-005-0315, 635-005-0320, 635-005-0325, 635-005-0330, 635-005-0335, 635-005-0340, 635-005-0345, 635-005-0360, 635-005-0365, 635-005-0370, 635-005-0375, 635-005-0380, 635-005-0385, 635-005-0390, 635-005-0395, 635-005-0400, 635-005-0405, 635-005-0410, 635-005-0415, 635-005-0420, 635-005-0425, 635-005-0430, 635-005-0435, 635-005-0440, 635-005-0445, 635-005-0450, 635-005-0480, 635-005-0485, 635-005-0490, 635-005-0500, 635-005-0510, 635-005-0515, 635-005-0520, 635-005-0525, 635-005-0565, 635-005-0570, 635-005-0575, 635-005-0580, 635-005-0585, 635-005-0590, 635-005-0595, 635-005-0600, 635-005-0605, 635-005-0610, 635-005-0615, 635-005-0620, 635-005-0650, 635-005-0675, 635-005-0680, 635-005-0685, 635-005-0690, 635-005-0695, 635-005-0700, 635-005-0705, 635-005-0710, 635-005-0715, 635-005-0720, 635-005-0725, 635-005-0730, 635-005-0735, 635-005-0740, 635-005-0745, 635-005-0750, 635-005-0755, 635-005-0760, 635-005-0765, 635-005-0770, 635-005-0775, 635-005-0790, 635-005-0795, 635-005-0800, 635-005-0805, 635-005-0810, 635-005-0815, 635-005-0820, 635-005-0825, 635-005-0830, 635-005-0835, 635-005-0845, 635-005-0850, 635-005-0855, 635-005-0890, 635-005-0895, 635-005-0915, 635-005-0920, 635-005-0925, 635-005-0930, 635-005-0935, 635-005-0940

Rules Repealed: 635-005-0002, 635-005-0015, 635-005-0016, 635-005-0031, 635-005-0035, 635-005-0048, 635-005-0090, 635-005-0095, 635-005-0100, 635-005-0115, 635-005-0120, 635-005-0130, 635-005-0135

Rules Renumbered: 635-005-0040 to 635-005-0455, 635-005-0070 to 635-005-0860, 635-005-0080 to 635-005-0870, 635-005-0082 to 635-005-0875, 635-005-0150 to 635-005-0910, 635-005-0160 to 635-005-0300, 635-005-0186 to 635-005-0635, 635-005-0200 to 635-005-0645

Rules Ren. & Amend: 635-005-0001 to 635-005-0240, 635-005-0003 to 635-005-0285, 635-005-0005 to 635-005-0295, 635-005-0020 to 635-005-0290, 635-005-0030 to 635-005-0350, 635-005-0032 to 635-005-0355, 635-005-0042 to 635-005-0460, 635-005-0045 to 635-005-0465, 635-005-0047 to 635-005-0470, 635-005-0049 to 635-005-0505, 635-005-0055 to 635-005-0475, 635-005-0060 to 635-005-0495, 635-005-0063 to 635-005-0530, 635-005-0064 to 635-005-0535, 635-005-0065 to 635-005-0540, 635-005-0066 to 635-005-0545, 635-005-0067 to 635-005-0550, 635-005-0068 to 635-005-0555, 635-005-0069 to 635-005-0560, 635-005-0075 to 635-005-0865, 635-005-0084 to 635-005-0880, 635-005-0085 to 635-005-0885, 635-005-0140 to 635-005-0900, 635-005-0145 to 635-005-0905, 635-005-0185 to 635-005-0625, 635-005-0190 to 635-005-0630, 635-005-0195 to 635-005-0640, 635-005-0205 to 635-005-0655, 635-005-0210 to 635-005-0660, 635-005-0215 to 635-005-0665, 635-005-0220 to 635-005-0670, 635-005-0170 to 635-005-0780, 635-005-0175 to 635-005-0785, 635-005-0180 to 635-005-0840

Subject: This is part 2 (of 3) of an effort to restructure and reorganization Oregon’s regulations governing commercial fisheries, comprising of new rules and amendments to and renumbering of existing rules. Modifications increase the clarity, consistency, and ease of use without changing the intent or practical effect of the regulations. Housekeeping and technical corrections to the regulations were performed to ensure consistency.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-005-0225

Organization

(1) This Division is organized into the following major shellfish and invertebrate fishery sections:

(a) Clam and Intertidal Section, including the following fisheries:

(A) Marine Snail and Abalone Fishery;

(B) Piddock Fishery;

(C) Bay Clam Dive Fishery; and

(D) Intertidal Animal, Mussel and Clam Commercial Fisheries.

(b) Crab Section, including the following fisheries:

(A) Ocean Dungeness Crab Fishery;

(B) Bay and Estuary Dungeness Crab Fishery; and

(C) Red Rock, Box, Tanner and other Crab Fisheries.

(c) Shrimp Section, including the following fisheries:

(A) Pink Shrimp Fishery;

(B) Spot and Coonstripe Shrimp Fisheries; and

(C) Brine Shrimp Fishery.

(d) Other Shellfish and Marine Invertebrates Section, including the following fisheries:

(A) Weathervane Scallop Fishery;

(B) Sea Urchin Fishery;

(C) Crayfish Fishery;

(D) Oyster Fishery;

(E) Squid Fishery; and

(F) Octopus Fishery.

(2) Administrative rules OAR 635-005-0230 through 635-004-0275 are general regulations, in addition to and not in lieu of regulations contained within the fishery sections listed in section (1) of this rule.

(3) Finfish fishery regulations are located in OAR chapter 635, division 004.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0230

Licensing Requirements

In addition to the regulations contained in this Division, fishers should consult regulations contained in OAR chapter 635, division 006 and Oregon Revised Statutes Chapter 508 for licensing requirements and fee information.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129, 508.025, 508.235, 508.260, 508.300, 508.306 & 508.312
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0235

Authority of Enforcement in Fishery Conservation Zone and Exclusive Economic Zone

(1) Pursuant to ORS 506.750 through 506.755, regulations including but not limited to inspection of catch, methods fishing, gear restrictions, seasons, closures and restricted areas are applicable in the Fishery Conservation Zone (0-50 miles offshore of Oregon), and federal commercial fishing regulations are applicable in the Exclusive Economic Zone (3-200 miles offshore of the United States).

(2) For the purposes of this rule, “Fishery Conservation Zone” means the zone between the mean high water mark of tidally influenced bodies of water of the state of Oregon to 50 nautical miles offshore of Oregon.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 506.129 &506.755
Stats. Implemented: ORS 506.109, 506.129, 506.501, 506.511, 506.521, 506.750 & 506.755
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0240

Definitions

As used in Division 005 regulations:

(1) “Animals living intertidally on the bottom” means any benthic animal with a natural range that includes intertidal areas, regardless of where harvest occurs, and includes but is not limited to, starfish, sea urchins, sea cucumbers, snails, bivalves, worms, coelenterates, and crabs except Dungeness crab.

(2) “Bait” means food fish not harvested for human consumption.

(3) “Board” means the Commercial Fishery Permit Board.

(4) “Buy” includes offer to buy, barter, exchange or trade.

(5) “Catastrophic loss” means direct loss of non-deployed gear in the event of a vessel being destroyed due to fire, capsizing, or sinking. Documentation of a catastrophic loss may include any information the Department considers appropriate, such as fire department or US Coast Guard reports.

(6) “Commercial landing cap” means the total landed catch of a given species, or species group, that may be taken in a single calendar year in Oregon commercial fisheries.

(7) “Commercial purposes” means taking food fish with any gear unlawful for angling, or taking or possessing food fish in excess of the limits permitted for personal use, or taking, fishing for, handling, processing, or otherwise disposing of or dealing in food fish with the intent of disposing of such food fish or parts thereof for profit, or by sale, barter or trade, in commercial channels, as specified in ORS 506.006.

(8) “Commission” means the State Fish and Wildlife Commission created by ORS 496.090.

(9) “Crab pot” means any portable, enclosed device used to take crab with one or more gates or entrances that allows crab restricted entry and exit, and has a line attached to surface floats.

(10) “Crab ring” means any fishing device used to take crab that allows crab unrestricted entry or exit while fishing, and has a line attached to surface floats.

(11) “Department” means the State Department of Fish and Wildlife.

(12) “Derelict Dungeness crab gear” means Dungeness crab gear which was lost, forgotten, damaged, abandoned or otherwise deserted.

(13) “Director” means the Director of the Oregon Department of Fish and Wildlife appointed pursuant to ORS 496.112.

(14) “Dive gear” means gear used while a fisher is submerged underwater in order to take food fish, and includes but is not limited to one or more of the following equipment: SCUBA or other surface supplied air source (hookah gear), dive mask, snorkel, air cylinders, weight belt, wetsuit and fins.

(15) “Dungeness crab gear” means crab pots, crab rings or a combination thereof used for taking Dungeness crab.

(16) “Exclusive Economic Zone” means the zone between 3-200 nautical miles offshore of the United States.

(17) “Fishing gear” means, as specified in ORS 506.006, any appliance or device intended for or capable of being used to take food fish for commercial purposes, and includes:

(a) “Fixed gear” means longline, trap or pot, set net, and stationary hook-and-line gears;

(b) “Gillnet” has the meaning as set forth in OAR 635-042-0010;

(c) “Hook-and-line” means one or more hooks attached to one or more lines;

(d) “Lampara net” means a surrounding or seine net with the sections of netting made and joined to create bagging, and is hauled with purse rings;

(e) “Longline” means a stationary buoyed, and anchored groundline with hooks attached;

(f) “Mesh size” means the opening between opposing knots. Minimum mesh size means the smallest distance allowed between the inside of one knot to the inside of the opposing knot regardless of twine size;

(g) “Pot or trap” means a portable, enclosed device with one or more gates or entrances and one or more lines attached to surface floats;

(h) “Purse seine” means an encircling net that may be closed by a purse line threaded through the bottom of the net. Purse seine gear includes ring net, drum purse seine, and lampara nets;

(i) “Seine” means any non-fixed net other than a trawl or gillnet and includes all types of purse seines;

(j) “Setline” means a bottom longline used in rivers and estuaries for targeting white sturgeon;

(k) “Set net” means a stationary, buoyed and anchored gillnet or trammel net which takes fish commonly by gilling and is not free to move or drift with the current or tide;

(l) “Spear” means a sharp, pointed, or barbed instrument on a shaft;

(m) “Trammel net” means a gillnet made with two or more walls joined to a common float line;

(n) “Trawl gear” means a cone or funnel-shaped net which is towed or drawn through the water by one or two vessels, and includes but is not limited to beam trawl, bobbin or roller trawl, bottom trawl, pelagic trawl and Danish and Scottish seine gear;

(o) “Troll” means fishing gear that consists of 1 or more lines that drag hooks with bait or lures behind a moving fishing vessel, and which lines are affixed to the vessel and are not disengaged from the vessel at any time during the fishing operation; and

(p) “Vertical hook and line” means a line attached to the vessel or to a surface buoy vertically suspended to the bottom by a weight or anchor, with hooks attached between its surface and bottom end.

(18) “Fishing trip” means a dock-to-dock transit during which fishing for commercial purposes occurs, and is followed by a landing.

(19) “Food Fish” means any animal over which the State Fish and Wildlife Commission has jurisdiction pursuant to ORS 506.036.

(20) “Groundfish” means all species of ocean food fish defined as groundfish in the Pacific Coast Groundfish Fishery Management Plan and in the Federal Groundfish Regulations, Title 50, Part 660 (See OAR 635-004-0240).

(21) “Intertidal” means the area in Oregon coastal bays, estuaries, and beaches between mean extreme low water and mean extreme high water boundaries.

(22) “Land, Landed or Landing” means either of the following:

(a) For fisheries where food fish were taken by use of a vessel, “land, landed or landing” means to begin transfer of food fish from a vessel. Once transfer begins, all food fish on board the vessel are counted as part of that landing, except anchovies being held live on a vessel for the purpose of using for bait in that vessel’s commercial fishing operation; and

(b) For fisheries where food fish were taken without use of any vessel, “land, landed or landing” means to begin transfer of food fish from a harvester to a wholesale fish dealer, wholesale fish bait dealer, or food fish canner, under which the following provisions apply:

(A) When the harvester and the wholesale fish dealer, wholesale fish bait dealer, or food fish canner are the same person or entity, transfer occurs when the food fish arrive at the licensed premises of the wholesale fish dealer, wholesale fish bait dealer, or food fish canner; and

(B) Once transfer begins, all food fish from the harvest area are counted as part of that landing.

(23) “Length” or “Overall Length” of a vessel means the manufacturer’s specification of overall length, United States Coast Guard or Marine Board registered length documentation stating overall length or overall length as surveyed by a certified marine surveyor. In determining overall length, marine surveyors shall measure in a straight line parallel to the keel from the foremost part of the vessel to the aftermost part, excluding sheer and excluding bow sprits, boomkins, rudders aft of the transom, outboard motor brackets, or transom extensions as in a dive step or platform.

(24) “Ocean Dungeness Crab fishing season” means the period normally from December 1 of one year through August 14 of the next year and is specific to the ocean Dungeness crab fishery. In periods where a season delay occurs, “ocean Dungeness crab fishing season” means from the date the fishery opens to the following August 14.

(25) “Oyster” includes oysters, oyster seed, oyster cultch, and oyster shell.

(26) “Pacific Ocean” means all water seaward of the end of the jetty or jetties of any river, bay, or tidal area, except the Columbia River boundary with the Pacific Ocean is as specified in OAR 635-003-0005, or all water seaward of the extension of the shoreline high watermark across the river, bay, or tidal area where no jetties exist.

(27) “Permit holder” means a person or entity that owns an individual permit or owns the vessel to which a vessel permit is attached. A lessee of a permit is not a permit holder.

(28) “Possession” means holding any food fish, shellfish or parts thereof in a person’s custody or control.

(29) “Process or Processing” means fresh packaging requiring freezing of food fish, or any part thereof, or any type of smoking, reducing, loining, steaking, pickling or filleting. Cooking crab is not considered processing.

(30) “Replacement vessel” is a vessel purchased to replace a Limited Entry permitted vessel which has been lost due to fire, capsizing, sinking or other event.

(31) “Resident” means an actual bona fide resident of this state for at least one year, as specified in ORS 508.285.

(32) “Salmon” means all anadromous species of salmon, including but not limited to:

(a) Oncorhynchus gorbuscha, commonly known as humpback, humpies or pink salmon.

(b) Oncorhynchus keta, commonly known as chum or dog salmon.

(c) Oncorhynchus kisutch, commonly known as coho or silver salmon.

(d) Oncorhynchus nerka, commonly known as sockeye, red or blueback salmon.

(e) Oncorhynchus tshawytscha, commonly known as Chinook salmon.

(33) “Security interest” means an interest in a vessel or permit granted by the owner of the vessel or permit to a third party under a security agreement, pursuant to ORS chapter 79, another state’s laws enacted to implement Article 9 of the Uniform Commercial Code or equivalent federal statutory provisions for federally documented vessels.

(34) “Sell” includes to offer or possess for sale, barter, exchange or trade.

(35) “Shellfish Sanitation Certificate” means a license required by Oregon Department of Agriculture to engage in business of harvesting, distributing or processing of oysters, clams, mussels and scallops for human consumption.

(36) “Special Regulation Marine Areas” means specific areas described in OAR 635-039-0090 and the “Oregon Sport Fishing Regulations,” which includes all Marine Gardens, Subtidal Research Reserves, Intertidal Research Reserves, Habitat Refuges, and other areas closed to designated activities.

(37) “Take” means fish for, hunt, pursue, catch, capture or kill or attempt to fish for, hunt, pursue, catch, capture or kill.

(38) “Transport” means transport by any means, and includes offer or receive for transportation.

(39) “Trip limit” means the total amount of fish that may be taken and retained, possessed, or landed per vessel from a single fishing trip or cumulatively per unit of time. A vessel which has landed its cumulative or daily limit may continue to fish on the limit for the next legal period as long as the fish are not landed until the next period. Trip limits may be:

(a) “Bi-monthly cumulative trip limit” means the maximum amount of fish that may taken and retained, possessed or landed per vessel in specified bi-monthly periods. There is no limit on the number of landings or trips in each period, and periods apply to calendar months. The specified periods are as follows:

(A) Period 1: January through February;

(B) Period 2: March through April;

(C) Period 3: May through June;

(D) Period 4: July through August;

(E) Period 5: September through October; and

(F) Period 6: November through December.

(b) “Daily trip limit” means the maximum amount of shellfish that may be taken and retained, possessed or landed per vessel in 24 consecutive hours, starting at 00:01 hours local time;

(c) “Monthly trip limit” means the maximum amount of fish that may be taken and retained, possessed or landed per vessel during the first day through the last day of any calendar month.

(d) “Weekly trip limit” means the maximum amount of fish that may be taken and retained, possessed or landed per vessel in 7 consecutive days, starting at 00:01 hours local time on Sunday and ending at 24:00 hours local time on Saturday. Weekly trip limits may not be accumulated during multiple week trips. If a calendar week falls within two different months or two different cumulative limit periods, a vessel is not entitled to two separate weekly limits during that week.

(40) “Undue hardship” means death, serious illness requiring extended care by a physician, permanent disability, or other circumstances beyond the individual’s control.

(41) “Unlawful to buy” means that it is unlawful to buy, knowing or having reasonable cause to believe that the fish have been illegally taken or transported within this state, or unlawfully imported or otherwise unlawfully brought into this state.

(42) “Vessel” means any floating craft, powered, towed, rowed or otherwise propelled which is used for landing or taking food fish for commercial purposes.

(43) “Vessel operator” means the person onboard a fishing vessel who is responsible for leading a fishing vessel in fishing or transit operations, and who signs the corresponding fish ticket from that fishing trip. A vessel operator may be a vessel owner or permit holder or both, individual hired to operate a vessel, or lessee of a vessel, permit or both. Although more than one person may physically operate a vessel during a fishing trip or transit, there may only be one person identified as a vessel operator (commonly referred to as a captain or skipper) on a fishing vessel during any one fishing trip or transit.

(44) “Vessel owner” means any ownership interest in a vessel, including interests arising from partnerships, corporations, limited liability corporations, or limited liability partnerships. A vessel owner does not include a leasehold interest.

(45) “Waters of this state” means all waters over which the State of Oregon has jurisdiction, or joint or other jurisdiction with any other state or government, including waters of the Pacific Ocean and all bays, inlets, lakes, rivers and streams within or forming the boundaries of this state.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FWC 30-1985, f. 6-27-85, ef. 7-1-85; FWC 137-1991(Temp), f. 12-20-91, cert. ef. 12-23-91; FWC 39-1992(Temp), f. & cert. ef. 6-19-92; DFW 61-2002, f. & cert. ef. 6-14-02; DFW 142-2008, f. & cert. ef. 11-21-08; Renumbered from 635-005-0001, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0245

Commercial Shellfish And Intertidal Animal Harvest Permit Required

(1) It is unlawful to take, land or possess animals living intertidally on the bottom for commercial purposes without first obtaining a Commercial Shellfish And Intertidal Animal Harvest Permit issued by the Department pursuant to ORS 508.116. Permit holders are required to comply with the conditions contained on their permit.

(2) A Commercial Shellfish And Intertidal Animal Harvest Permit is in addition to, and not in lieu of a commercial fishing license, bait fishing license or boat license required by ORS 508.235, 508.312 and 508.260.

(3) A Commercial Shellfish And Intertidal Animal Harvest Permit is not required to take, land or possess shellfish legally taken in a fishery already requiring a separate permit, or the Bay and Estuary Dungeness crab fishery.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.116
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0250

Permit Fee

(1) The annual fee for a Commercial Shellfish And Intertidal Animal Harvest Permit is $40.00 (plus a $2.00 license agent fee) for applicants.

(2) Commercial Shellfish And Intertidal Animal Harvest Permits are only available at the Astoria, Newport and Charleston Department field offices.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.116
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0255

Additional License Requirement

Each harvester, distributor or processor of oysters, clams, mussels and scallops intended for human consumption must obtain a Shellfish Sanitation Certificate from the Oregon Department of Agriculture pursuant to ORS 622.080.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 506.129 & 622.080
Stats. Implemented: ORS 506.109, 506.129 & 622.080
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0260

Closed Seasons and Areas

(1) It is unlawful to take for commercial purposes, the following from Special Regulation Marine Areas described in the “Oregon Sport Fishing Regulations:”

(a) Shellfish and invertebrates in designated Marine Garden areas;

(b) Shellfish and invertebrates in designated Intertidal and Subtidal Research Reserves;

(c) Fish, shellfish and invertebrates in designated Habitat Refuges; or

(d) Fish, shellfish and invertebrates from 1000 feet around and including Pyramid Rock from May 1 through August 31.

(2) It is unlawful to move any vessel within 500 feet of the main rocks in Three Arch Rocks National Wildlife Refuge from May 1 through September 15.

(3) The following areas have additional closures and prohibitions as specified in ORS Chapter 511, and fishers should consult these regulations before fishing in these areas:

(a) Coastal Streams Areas;

(b) Columbia River Area;

(c) Rogue River Area;

(d) Curry County Area;

(e) Coos, Douglass and Lane County Areas;

(f) Nestucca, Netarts and Tillamook Bay Areas; and

(g) Willamette River Area.

(4) Marine Reserves and Marine Protected Areas within Oregon’s Territorial Sea have been established and fishers should consult regulations in OAR Division 012 regarding fishing and transit restrictions.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0265

Bait Restrictions

It is unlawful to use lamprey as bait in any commercial fishery.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.036, 506.109, 506.129 & 506.306
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0270

Same Trip Recreational and Commercial Fishing – When Unlawful

(1) It is unlawful for a vessel licensed pursuant to ORS 508.260 to be used to fish recreationally and commercially on the same fishing trip.

(2) Recreational fishing gear is legal to use in commercial fisheries provided it complies with the provisions specified in OAR 635-005-0275.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0275

Fishing Gear

(1) This regulation lists a complete set of legal gear types and associated general restrictions to take shellfish and marine invertebrates in the fisheries specified in this Division. However, most individual fisheries listed in this Division are restrained additionally by supplemental regulations specific to those fisheries. Fishers should consult the specific section of the fishery they are interested in for additional regulations.

(2) It is unlawful to possess, deploy, haul, or carry on board a fishing vessel any fishing gear not listed in section (3) of this rule, or fishing gear not in compliance with the restrictions listed in section (4) of this rule, unless such gear is the gear of another vessel that has been retrieved at sea and made inoperable or stowed in a manner not capable of being fished. The disposal at sea of such gear is prohibited by Annex V of the International Convention for the Prevention of Pollution From Ships, 1973 (Annex V of MARPOL 73/78).

(3) It is unlawful to take shellfish and invertebrates for commercial purposes by any means except:

(a) Hook-and-line gear, including, but not limited to handline, pole-and-line, reel-and-line and pole-reel-and-line;

(b) Longlines and vertical hook and lines are permitted in the ocean;

(c) Pots or traps (including pot longline gear) are permitted in the ocean;

(d) Rings;

(e) Dipnets of hoop or A-frame design;

(f) Seines are permitted in the ocean;

(g) Trawl gear is permitted in the ocean;

(A) Trawl gear shall not be used with any other gear type on a single fishing trip.

(h) Set nets are allowed with an experimental gear permit pursuant to OAR 635-006-0020;

(i) Spear is permitted in the ocean;

(j) Dive gear; or

(k) By hand or hand powered methods including shovel, rake, and abalone iron.

(4) Longline, vertical hook-and-line and pot gear other than Dungeness crab gear and crayfish pots or ring nets which is fixed or anchored to the bottom or drifting unattached to the vessel have the following restrictions:

(a) Gear shall not be left unattended for more than seven days;

(b) Pot longline gear shall be marked at the surface and at each terminal end with a pole, flag, light, radar reflector, and a buoy showing clear identification of the owner or operator;

(c) Pot gear used for other than Dungeness crab, hagfish and spot or coonstripe shrimp shall have biodegradable escape panels constructed with #21 or smaller, untreated cotton twine in such manner that an opening at least eight inches in diameter will result when the twine deteriorates.

(5) A buoy used to mark gear under subsection (3)(b) of this rule must be marked with a number clearly identifying the owner or operator of the vessel. The number may be either:

(a) If required by applicable state law, the vessel’s number, the commercial fishing license number, or buoy brand number; or

(b) The vessel documentation number issued by the U.S. Coast Guard, or, for an undocumented vessel, the vessel registration number issued by the state.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0280

Organization of Rules

Administrative rules contained in OAR 635-005-0285 and 635-005-0290 shall apply to all fisheries in the Clam and Intertidal section, and are in addition to and not in lieu of Division 005 General Regulations contained in OAR 635-005-0225 through 635-005-0275. The Clam and Intertidal Section includes regulations for the Marine Snail and Abalone, Piddock, Bay Clam Dive and Intertidal Animal, Mussel and Clam Commercial Fisheries.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0285

Additional License Requirement

It is unlawful to take, distribute or process oysters, clams, mussels and scallops intended for human consumption without first obtaining a Shellfish Sanitation Certificate specified in OAR 635-005-0255.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 241, f. 4-5-72, ef. 4-15-72; Renumbered from 625-010-0320, 1975; Renumbered from 635-036-0190, 1979; FWC 24-1995, f. 3-29-95, cert. ef. 4-1-95; DFW 4-2008, f. & cert. ef. 1-23-08; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 149-2008, f. & cert. ef. 12-17-08; DFW 156-2009, f. 12-29-09, cert. ef. 1-1-10; Renumbered from 635-005-0003, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0290

Closed Seasons and Areas

It is unlawful to take for commercial purposes:

(1) Gaper clams from January 1 through June 30, except under a limited entry Bay Clam Dive Permit (OAR 635-005-0310) an incidental catch of one gaper clam per eight butter clams, or 25 pounds of gaper clams per 100 pounds of butter clams, whichever allows the greater gaper clam incidental catch.

(2) Razor clams from July 15 through September 30 in the area north of Tillamook Head in Clatsop County.

(3) Any clams from:

(a) Little Nestucca Bay;

(b) Big Nestucca Bay;

(c) Netarts Bay, except cockles may be taken;

(d) Salmon River and Bay;

(e) Siletz River and Bay; or

(f) All state parks south of Tillamook Head.

(4) Bay clams in Tillamook Bay from the following areas:

(a) The “Ghost Hole” from the floating toilet site south to Sandstone Point and 500 feet westward from the Highway 101 shoreline;

(b) The area east of a line connecting the Coast Guard tower on the north jetty and buoy marker 13; or

(c) The area above mean lower low water near Kincheloe Point.

(5) Subtidal cockle clams in Netarts Bay from the following areas:

(a) An area extending 500 feet to the north adjacent to the Shellfish Preserve and across the entire width of the bay; or

(b) The area above mean lower low water.

(6) Subtidal bay clams in Coos Bay from the following areas:

(a) In depths shallower than 10 feet from mean lower low water; or

(b) The area of South Slough south of the Charleston bridge.

(7) Any clams from the Shellfish Preserve in Yaquina Bay, Lincoln County, which is the tideflat on the north side of the wood piling breakwater, south of the troller’s basin. The legal description is as follows: Beginning at a point 1,181.24 feet south and 430.55 feet east of the meander corner of Sections 8 and 9, T11S, R11W, W.M., said point being a flashing red beacon on the southeastern end of the U.S. Army Engineers wood piling breakwater, thence northwesterly along said breakwater to a point being a flashing white beacon on the northwestern end of said breakwater located 583.46 feet south and 2,082.62 feet west of the above meander corner, thence southeasterly along the extreme low water line of the sand pit lying on the north side of the said breakwater to the point of beginning, said tideland being 7.2 acres, more or less, at mean low water line;

(8) Any clams from the Shellfish Preserve in Netarts Bay beginning from the quarter corner of Section 17, 20, T2S, R10W, thence north 10 degrees 14 feet west 200 feet to point of beginning, thence west approximately 6,250 feet to the west meander line of Netarts Bay, thence north 1,000 feet, thence east about 6,250 feet, thence south along the meander line to the point of beginning, except any privately owned tidelands within the described area are excluded from the closure.

(9) Any shellfish from Special Regulation Marine Areas as described in OAR 635-005-0260.

(10) Clams or mussels from a health closure area closed for biotoxins. “Health closure area” means an area closed to the public due to health risks of consuming shellfish from the area, and “Biotoxin” means naturally occurring shellfish toxins monitored by the Oregon Department of Agriculture.

(11) Any shellfish taken for human consumption from an area designated as restricted by the Oregon Department of Agriculture. Fishers should call the Oregon Department of Agriculture Shellfish Safety Hotline at 1-800-448-2474, the Oregon Department of Agriculture Food Safety Division at 1-503-986-4720 or visit the Oregon Department of Agriculture website at www.oregon.gov/ODA to confirm the area of intended harvest is open before harvesting shellfish.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FC 241, f. 4-5-72, ef. 4-15-72; Renumbered from 625-010-0065, 1975; Renumbered from 635-036-0090, 1979; FWC 30-1985, f. 6-27-85, ef. 7-1-85; FWC 137-1991(Temp), f. 12-20-91, cert. ef. 12-23-91; FWC 39-1992(Temp), f. & cert. ef. 6-19-92; FWC 94-1992(Temp), f. 9-18-92, cert. ef. 9-19-92; FWC 102-1992 (Temp), f. 10-1-92, cert. ef. 10-2-92; FWC 121-1992(Temp), f. & cert. ef. 11-9-92; DFW 30-1998(Temp), f. & cert. ef. 5-6-98 thru 10-23-98; DFW 92-1998, f. & cert. ef. 11-25-98; DFW 61-2002, f. & cert. ef. 6-14-02; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 133-2008(Temp), f. 10-17-08, cert. ef. 10-18-08 thru 12-31-08; Administrative correction 1-23-09; DFW 135-2010(Temp), f. 9-23-10, cert. ef. 9-27-10 thru 12-31-10; DFW 141-2010(Temp), f. 10-6-10, cert. ef. 10-7-10 thru 12-31-10; DFW 79-2011(Temp), f. 6-29-11, cert. ef. 7-3-11 thru 12-29-11; Renumbered from 635-005-0020, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0295

Marine Snail Fishery Prohibited

(1) It is unlawful to take any marine snail species of the class gastropoda, including all abalone species, for commercial purposes except that a commercial aquaculture facility may take abalone for use as broodstock under the terms and conditions specified in a permit issued by the Department.

(2) Application for such a permit shall be in writing and shall include the following:

(a) A description of the commercial aquaculture facility;

(b) The methods for collecting and returning broodstock abalone to and from the wild;

(c) The methods for checking abalone and imported kelp food for pathogens or exotic fauna;

(d) The procedures for isolating and culturing abalone to prevent contamination of wild abalone stock; and

(e) Any other information as the Department may require.

(3) Permit applications shall be mailed to: Marine Resources Program Office, Department of Fish and Wildlife, 2040 SE Marine Science Drive, Newport, OR, 97365.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 241, f. 4-5-72, ef. 4-15-72; Renumbered from 625-010-0320, 1975; Renumbered from 635-036-0190, 1979; FWC 24-1995, f. 3-29-95, cert. ef. 4-1-95; DFW 4-2008, f. & cert. ef. 1-23-08; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 149-2008, f. & cert. ef. 12-17-08; DFW 156-2009, f. 12-29-09, cert. ef. 1-1-10; Renumbered from 635-005-0005, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0300

Prohibited

It is unlawful to take piddocks for commercial purposes.

Stat. Auth.: ORS 506.109, 506.129 & 506.306
Stats. Implemented: ORS 506.129
Hist.: FC 241, f. 4-5-72, ef. 4-15-72; FWC 30-1985, f. 6-27-1985, ef. 7-1-85, Renumbered from 625-010-0465, Renumbered from 635-036-0255; Renumbered from 635-005-0160, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0305

Fishery Defined

“Bay clam dive fishery” means the commercial fishery for bay clams (including: cockle clams, Clinocardium nuttallii; butter clams, Saxidomus gigantea; gaper clams, Tresus capax; native littleneck clams, Protothaca staminea; and softshell clams, Mya arenaria) from subtidal areas in Oregon estuaries using dive gear.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0310

Requirement for Bay Clam Dive Permit

(1) It is unlawful in the bay clam dive fishery to:

(a) Take, land or possess bay clams for commercial purposes, using dive gear, from subtidal areas in any Oregon estuary north of Heceta Head without first obtaining a coast-wide Bay Clam Dive Permit issued pursuant to OAR 635-005-0315 through 635-005-0340;

(b) Take, land or possess bay clams for commercial purposes, using dive gear, from subtidal areas in Oregon estuaries south of Heceta Head without first obtaining either a coast-wide Bay Clam Dive Permit or a south-coast Bay Clam Dive Permit issued pursuant to OAR 635-005-0315 through 635-005-0340;

(c) For a wholesaler dealer, canner or buyer to buy or receive bay clams taken in the bay clam dive fishery from a vessel or person not issued the permit required by subsections (1)(a) or (1)(b) of this rule.

(d) To take bay clams where more than two divers operating from any one vessel were in the water at the same time or where more than two persons without Bay Clam Dive Permits, excluding persons authorized by the Department for the performance of official duties, were on board any vessel while harvesting, possessing, or transporting bay clams.

(e) To take clams except under the terms and conditions specified in the permit. Permits may be issued to mechanically harvest clams in subtidal areas by means of water jet or other hand or handpowered tool. Application for such a permit must be written and include a description of the specific areas where mechanical taking is proposed and such other information as the Director shall require.

(A) Applications should be mailed to: Marine Resources Program Office, Department of Fish and Wildlife, 2040 SE Marine Science Drive, Newport, OR 97365.

(2) The Department shall not issue more than ten coast-wide permits required by subsection (1)(a) of this rule and five south-coast permits required by subsection (1)(b) of this rule.

(3) Permits may be issued to individuals or to vessels, designated at the beginning of the year. Designation shall not change during the year.

(4) The Bay Clam Dive Permit required by section (1) of this rule is in addition to and not in lieu of either:

(a) The commercial fishing license required by ORS 508.235; or

(b) The commercial bait fishing license required by ORS 508.312.

(5) No vessel may hold more than one Oregon Bay Clam Dive Permit at any one time.

(6) If Bay Clam Dive Permits are issued on an individual basis, no individual may hold more than one Oregon Bay Clam Dive Permit at any one time.

(7) Unless otherwise provided, Bay Clam Dive Permits must be purchased by January 31 of the year the permit is sought for renewal.

(8) No Bay Clam Dive Permit shall be transferred without the vessel lien holder’s written permission.

(9) Applications for Bay Clam Dive Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of a vessel may be required at the time of application.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0315

Permit Fee

(1) The annual fee for a Bay Clam Dive Permit is $100.00 (plus a $2.00 license agent fee) for applicants.

(2) A fee of $100.00 shall be charged for each transfer of participation rights under OAR 635-005-0340.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0320

Eligibility Requirements for a Permit

(1) An individual licensed as a commercial harvester under ORS 508.235 or 508.312 or a commercially licensed vessel under ORS 508.260 is eligible to obtain a Bay Clam Dive Permit required by OAR 635-005-0310:

(a) For a South Coast Bay Clam Dive Permit for the year 2006, if a South Coast Bay Clam Dive Permit was issued to the individual or vessel under the Developmental Fisheries Program in 2005 and lawfully made five landings consisting of at least 100 pounds each landing or an annual total of 2,500 pounds of bay clams, using dive gear in Oregon in 2005;

(b) For a Coast Wide Bay Clam Dive Permit for the year 2006, if a Coast Wide Bay Clam Dive Permit was issued to the individual or vessel under the Developmental Fisheries Program in 2005 and lawfully made five landings consisting of at least 100 pounds each landing or an annual total of 2,500 pounds of bay clams, using dive gear in Oregon in 2005.

(c) After 2006, by renewal of the previous years’ permit and satisfaction of the requirements in OAR 635-005-0330; or

(d) Through the lottery if a lottery is held in accordance with OAR-005-0335.

(2) In making determinations regarding issuance or renewal of any limited entry permit, the Department and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements Department records and such receipts, accounts, contracts and other business records of private parties as the Department or the Board considers reliable evidence of the qualifications or requirements in question.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0325

Review of Denials

(1) An individual whose application for issuance, renewal or transfer of a Bay Clam Dive Permit established pursuant to OAR 635-005-0310, 635-005-0330 and 635-005-0340 is denied may make written request to the Board for review of the denial. The review provided in this section is in lieu of any such review by the Department or the Commission. The request shall be in such form and shall contain such information as the Board considers appropriate.

(2) The Board shall review a denial of an application for issuance, renewal or request to transfer a permit according to the applicable provisions of ORS chapter 183. Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to 183.500. The Board may waive requirements for renewal of permit if the Board finds strict adherence to the requirements were not met as a result of undue hardship as defined in OAR 635-005-0240.

(3) A party must petition for Board review of the hearing officer’s proposed order within 30 days of service of the proposed order if the party wants the proposed order changed. A party must identify what parts of the proposed order it objects to, and refer to parts of the administrative record and legal authority supporting its position.

(4) The Board may delegate to the Department its authority to waive requirements for renewal of Bay Clam Dive Permits in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(5) The bay clam dive fishery requires a $125.00 non-refundable application fee for Board review. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0330

Renewal of Permit

(1) Bay Clam Dive Permits may be renewed the following year:

(a) By submitting to the Department a $100.00 fee (plus a $2.00 license agent fee) and a complete application date-stamped or postmarked by January 31 of the year for which renewal is sought;

(b) The permittee shall have lawfully made five landings consisting of at least 100 pounds each landing or an annual total of 2,500 pounds of bay clams, using dive gear in Oregon in the prior calendar year;

(c) If all logbooks required under OAR 635-005-0345 were submitted by the application deadline for renewal of a Bay Clam Dive Permit; and

(d) If a Bay Clam Dive Permit is transferred under OAR 635-005-0340(2), annual landing requirements for permit renewal in subsection (1)(b) of this rule are waived in the year the transfer occurred.

(2) An application for renewal of a Bay Clam Dive Permit shall be considered complete if it is legible, has all information requested in the form, and is accompanied by the required fee in full. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by January 31 of the permit year sought, the individual shall not be considered to have applied for renewal in a timely manner.

(3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application shall not be grounds for treating the application as having been filed in a timely and complete manner.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0335

Lottery for Limited Entry Bay Clam Dive Permits

(1) If the number of Bay Clam Dive Permits issued in accordance with OAR 635-005-0310 falls below ten for coast-wide permits or five for south-coast permits, the Department may issue Bay Clam Dive Permits by a lottery system. However, as a result of any such lottery, the total number of Bay Clam Dive Permits issued shall not exceed ten for coast-wide permits or five for south-coast permits;

(2) Each applicant for a permit lottery shall complete the application form prescribed by the Department.

(3) Application for vessel permits shall only be accepted for vessels, which, in the judgment of the Department, are capable of operating the gear necessary to legally participate in the fishery. Vessels of a size or design incapable of harvesting the permitted species are not eligible for the lottery.

(4) Only one application per vessel or individual may be submitted for each permit fishery lottery.

(5) Any application which is not legible, has incomplete information, or is postmarked after the deadline shall not be entered in the lottery. Applications for all permits shall be accepted at the Salem headquarters office of the Department, and shall be postmarked or date stamped no later than March 31 of the year for which the permit is issued.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0340

Transferability of Permits

(1) Any transfer of a Bay Clam Dive Permit without the written consent of each person holding a security interest in such vessel is void.

(2) Permits may be transferred as follows:

(a) The permittee may request the Department to transfer, to a replacement vessel that is owned by the same person that owns the vessel to which the Bay Clam Dive Permit was originally issued, a Bay Clam Dive Permit up to two times per calendar year;

(b) In the event of the death of a Bay Clam Dive Permit holder, the permit of the deceased may be issued to an immediate family member upon request, validated by the Department’s receipt of a copy of the death certificate and the original permit. “Immediate family member” means a Bay Clam Dive Permit holder’s spouse, domestic partner, children, father, mother, brother, sister, stepchildren, and grandchildren; or

(c) The Department may authorize transfer of a Bay Clam Dive Permit for up to 90 days upon petition by the permittee on the form provided by the Department due to a medical condition.

(A) The Department’s decision to allow a transfer shall be based on a finding that the current permit holder is unable to participate in the fishery due to injury or illness which prevents diving, based on medical evidence submitted by the permit holder, and such other evidence the Department considers reliable.

(B) At the end of the transfer period, the Department may reinstate the Bay Clam Dive Permit to the original permit holder or to a new transferee, provided that the original permit holder again submits medical evidence documenting that the injury or illness continues to prevent their return to diving.

(C) There is a two-year limit on the eligibility of each individual permit for medical transfer status, beginning with the start date of the first medical transfer of that permit and ending two years from that date.

(D) If the Department, after review of a denial by the Board, allows a transfer, the original Bay Clam Dive Permit holder shall give written notice to the Department of the name, address and telephone number of the transferee. The original permit holder may, at any time during the transfer period specified in subsection (1)(c) of this rule, request the Department reinstate the permit back to their possession. Such transfer requires 30 days written notice to the Department. In any event, upon expiration of the transfer period specified in subsection (1)(c) of this rule, or upon cancellation of a transfer due to lack of medical evidence of continuing inability to dive, the permit shall revert automatically to the original permit holder, unless the transfer is renewed, as provided in subsection (1)(c) of this rule.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0345

Logbook Required

(1) The Department shall make available a logbook to each licensed commercial fisher or commercial fishing vessel which holds a valid Bay Clam Dive Fishery Permit.

(2) Each permit holder is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, each permit holder shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, each permit holder shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0350

Size Limit

(1) The minimum legal size of cockle clams taken for commercial purposes under a Bay Clam Dive Permit (OAR 635-005-0310) is 2-1/4 inches at the greatest dimension. It is unlawful to possess any cockle clams taken for commercial purposes under a Bay Clam Dive Permit which are less than the minimum legal size.

(2) The minimum legal size of gaper clams taken for commercial purposes under a Bay Clam Dive Permit (OAR 635-005-0310) is 4 inches at the greatest dimension. It is unlawful to possess any gaper clams taken for commercial purposes under a Bay Clam Dive Permit which are less than the minimum legal size.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 241, f. 4-5-72, ef. 4-15-72; FC 255, f. 9-12-72, ef. 10-1-72; Renumbered from 625-010-0075, 1975; Renumbered from 635-036-0100, 1979; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06 ; DFW 61-2006, f. 7-13-06, cert. ef. 10-1-06; DFW 10-2007, f. & cert. ef. 2-14-07; Renumbered from 635-005-0030, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0355

Catch Limits

(1) In Netarts Bay, the commercial landing cap for cockle clams harvested by the bay clam dive fishery is 8,000 pounds.

(2) In Tillamook Bay, the commercial landing cap for cockle clams harvested by the bay clam dive fishery is 90,000 pounds.

(3) When the commercial cockle clam landing caps specified in sections (1) and (2) of this rule are reached, the commercial cockle clam fishery in that estuary will close for the remainder of that calendar year.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; Renumbered from 635-005-0032, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0360

Subtidal Clams for Bait

Clams harvested or at any time intended for sale as bait in the bay clam dive fishery are subject to the requirements of OAR 635-005-0390.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0365

Fisheries Defined

“Intertidal Animal, Mussel, and Clam Fisheries” means the commercial fisheries for any animal living intertidally on the bottom.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0370

Permit Required

It is unlawful to take, land or possess animals living intertidally on the bottom for commercial purposes without first obtaining a Commercial Shellfish And Intertidal Animal Harvest Permit issued by the Department pursuant to OAR 635-005-0245 and 635-005-0250.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129, 506.306 & 508.116
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0375

Logbook Required

(1) The Department shall make available a logbook to each licensed commercial fisher who holds a valid Commercial Shellfish And Intertidal Animal Harvest Permit.

(2) Each permit holder is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, each permit holder shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, each permit holder shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0380

Fishing Gear

It is unlawful in intertidal commercial fisheries to:

(1) Take mussels for commercial purposes by any means other than hand or a hand-powered tool.

(2) Take razor clams for commercial purposes by any means other than by hand or by shovel.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0385

Size Limit

(1) There is no size limit for mussels taken for commercial purposes.

(2) The minimum legal size of razor clams taken for commercial purposes is 3-3/4 inches from tip to tip of the shell. It is unlawful to possess any razor clams taken for commercial purposes which are less than the minimum legal size.

(a) All undersized razor clams must be immediately returned to the hole from which they were dug with the hinge oriented towards the ocean.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0390

Clams and Mussels for Bait

(1) Clams and mussels taken as bait must be visibly dyed with a Department approved dye.

(2) Dyeing must occur before leaving the harvest area, before being transported by vehicle, or before the time of docking of the vessel used in harvesting.

(3) Clams and mussels taken for bait may not be possessed aboard a vessel while clams and mussels for human consumption are on board. Upon leaving the vessel or the harvest area, clams and mussels taken as bait may not be mixed with clams and mussels taken for human consumption.

(4) Prior to sale, clams or mussels taken from restricted areas and live boxed must be stored in a restricted area pending sale. “Restricted area” means an area closed or prohibited to commercial harvest of shellfish by the Oregon Department of Agriculture for the harvest of clams, mussels or other shellfish for human consumption by commercial shellfish harvesters, and “live boxed” means any type of container used to hold or store shellfish in the water.

(5) Clams or mussels taken for human consumption and later sold as bait must be dyed at the time of sale to a wholesale fish dealer or wholesale fish bait dealer.

(6) Clams and mussels harvested for bait must be sold to a wholesale fish dealer or wholesale fish bait dealer within 48 hours of end of harvest.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0395

Organization of Rules

The Crab Section includes regulations for the ocean Dungeness, Bay and Estuary Dungeness and Red Rock, Box, Tanner and Other Crab Fisheries.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0400

Fishery Defined

“Ocean Dungeness crab fishery” means all fishing for Dungeness crab (Cancer magister) in the Pacific Ocean and Columbia River for commercial purposes.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0405

Requirement for Ocean Dungeness Crab Permit

(1) It is unlawful to take, land or possess Dungeness crab from the ocean Dungeness crab fishery without first obtaining an Ocean Dungeness Crab Permit issued pursuant to ORS 508.931 or 508.941. An Ocean Dungeness Crab Permit is not required for vessels that are engaged solely in setting gear for a permitted vessel and which do not retrieve, retain or possess Dungeness crab.

(2) It is unlawful for a wholesaler, canner, or buyer to buy or receive Dungeness crab taken in the ocean Dungeness crab fishery from a vessel for which the permit required by this rule has not been issued.

(3) If the Commission establishes a vessel crab pot limitation or allocation system beyond the 2002-03 ocean Dungeness crab season, August 14, 2001 is the control date for eligibility criteria related to past participation in the ocean fishery.

(4) A Single Delivery License shall not be substituted for an Ocean Dungeness Crab Permit. Once a vessel has obtained an Ocean Dungeness Crab Permit, Dungeness crab may be landed by the vessel using a combination of an Ocean Dungeness Crab Permit and a Single Delivery License in lieu of a commercial fishing and boat license. However, crab may not be landed more than twice in any one ocean Dungeness crab fishing season using Single Delivery Licenses.

(5) Effective December 1, 2006, the amount of Dungeness crab gear allocated to a permit required under section (1) above will be determined as follows:

(a) The allocation will be based on documented landings of ocean Dungeness crab into Oregon, Washington (excluding landings from the Puget Sound Fishery), or California, using valid Oregon fish receiving tickets, or equivalent valid documents from the states of Washington or California, from December 1, 1995 through August 14, 2001;

(b) The Dungeness crab gear allocation will be the highest number of pots and rings in aggregate the vessel qualifies for during the six qualifying seasons, December 1 of one year through September 15 of the next year (except through August 14, in 2001);

(c) A Dungeness crab gear allocation of 200 shall be assigned to a permit with landings less than 15,020 pounds in the 1995 to 1996 season, and 4,010 pounds in the 1996 to 1997 season, and 5,170 pounds in the 1997 to 1998 season, and 7,083 pounds in the 1998 to 1999 season, and 13,160 pounds in the 1999 to 2000 season, and 8,940 pounds in the 2000 to 2001 season;

(d) A Dungeness crab gear allocation of 300 shall be assigned to a permit with minimum landings of 15,020 pounds in the 1995 to 1996 season, or 4,010 pounds in the 1996 to 1997 season, or 5,170 pounds in the 1997 to 1998 season, or 7,083 pounds in the 1998 to 1999 season, or 13,160 pounds in the 1999 to 2000 season, or 8,940 pounds in the 2000 to 2001 season; and

(e) A Dungeness crab gear allocation of 500 shall be assigned to a permit with minimum landings of 89,020 pounds in the 1995 to 1996 season, or 35,180 pounds in the 1996 to 1997 season, or 39,350 pounds in the 1997 to 1998 season, or 49,450 pounds in the 1998 to 1999 season, or 78,400 pounds in the 1999 to 2000 season, or 37,030 pounds in the 2000 to 2001 season.

(6) The Ocean Dungeness Crab Permit required by section (1) of this rule is in addition to and not in lieu of the commercial fishing and boat license required by ORS 508.235 and ORS 508.260.

(7) No vessel may hold more than one Ocean Dungeness Crab Permit at any one time.

(8) Unless otherwise provided, Ocean Dungeness Crab Permits must be purchased by December 31 of the year the permit is sought for renewal.

(9) Applications for Ocean Dungeness Crab Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of a vessel may be required at the time of application.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129, 506.306, 508.926 & 508.931
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0410

Permit Fee

(1) The annual fee for an Ocean Dungeness Crab Permit is $125.00 (plus a $2.00 license agent fee) for resident applicants and $290.00 (plus a $2.00 license agent fee) for non-resident applicants. See ORS 508.941.

(2) A fee of $100.00 shall be charged for each transfer of participation rights under OAR 635-005-0440. See ORS 508.936.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.931
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0415

Eligibility Requirements for a Permit

(1) Vessels or vessel owners must meet eligibility requirements for an Ocean Dungeness Crab Permit pursuant to ORS 508.931.

(2) An individual licensed under ORS 508.235 or a commercial licensed vessel under ORS 509.260, except as otherwise stated in section 3 of this rule, is eligible to obtain an Ocean Dungeness Crab Permit required by OAR 635-005-0405 by renewal of the previous year’s permit as specified in OAR 635-005-0430. For the purposes of eligibility for an Ocean Dungeness Crab Permit, a vessel which received a license waiver issued pursuant to ORS 508.808 shall be considered as having possessed a boat license for that year.

(3) ORS 508.931 and ORS 508.941 require that the vessel be previously licensed in accordance with ORS 508.260 for the purposes of initial eligibility for an Ocean Dungeness Crab Permit. "Initial eligibility for vessels to participate" for the purposes of application for an Ocean Dungeness Crab Permit pursuant to ORS 508.931, means eligibility of a vessel on which to make permit application is confined to vessels which have never obtained an initial permit. A Single Delivery License shall not be substituted for a boat license for this purpose.

(4) In making determinations regarding issuance or renewal of any limited entry permit, the Department and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements Department records and such receipts, accounts, contracts and other business records of private parties as the Department or the Board considers reliable evidence of the qualifications or requirements in question.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.931
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0420

Revocation and Refusal to Issue Permits

The Commission may revoke and refuse subsequent issuance of an Ocean Dungeness Crab Permit pursuant to ORS 508.485 and 508.490.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0425

Review of Denials

(1) An individual whose application for issuance, renewal or transfer of an Ocean Dungeness Crab Permit established pursuant to OAR 635-005-0405, 635-005-0430 and 635-005-0440 is denied, may make written request to the Board for review of the denial. The procedure for requesting review and the applicable standard of review of denial of an Ocean Dungeness Crab Permit shall be pursuant to ORS 508.941.

(2) For the ocean Dungeness crab fishery, a permit holder may request review of the Department’s initial Dungeness crab gear allocation, the Department’s denial of replacement of lost buoy tags, or denial of permit renewal by doing so in writing to the Commercial Fishery Permit Board. The Board may:

(a) Adjust the amount of Dungeness crab gear allocated to a permit:

(A) Based on additional landings documentation supplied by permit holder according to criteria under OAR 635-005-0405(5); or

(B) Based on circumstances during the qualifying seasons described in OAR 635-005-0405(5), a Dungeness crab gear allocation may be increased by one tier as described under 635-005-0405(5) as a result of undue hardship as defined in OAR 635-005-0240.

(b) Approve replacement of lost buoy tags due to a catastrophic loss as defined in OAR 635-005-0240.

(c) Waive the permit renewal date requirement if the Board finds that strict adherence to this requirement was not met as a result of undue hardship as defined in OAR 635-005-0240.

(3) The Board may delegate to the Department its authority to waive requirements for renewal of Ocean Dungeness Crab Permits in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(4) The ocean Dungeness crab fishery requires a $125.00 non-refundable application fee for Board review. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee.

(5) Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to 183.550.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.941
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0430

Renewal of Permit

(1) An individual who obtained a limited entry Ocean Dungeness Crab Permit may renew the permit pursuant to ORS 508.941 by submitting to the Department a $125.00 fee (plus a $2.00 license agent fee) for resident applicants and a $290.00 fee (plus a $2.00 license agent fee) for non-resident applicants and a complete application date-stamped or postmarked by December 31 of the year for which renewal is sought.

(2) An application for renewal of an Ocean Dungeness Crab Permit shall be considered complete if it is legible, has all information requested in the form, and is accompanied by the required fee in full. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by December 31 of the permit year sought, the individual shall not be considered to have applied for renewal in a timely manner.

(3) It is the responsibility of the permittee to ensure an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application may not be grounds for treating the application as having been filed in a timely and complete manner.

(4) A permit which is not renewed by December 31 lapses, and shall not be renewed for subsequent years.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0435

Lottery for Limited Entry Ocean Dungeness Crab Permits

There is no lottery system for the issuance of Ocean Dungeness Crab Permits.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0440

Transferability of Permits

(1) Any transfer of a permit away from a vessel without the written consent of each person holding a security interest in such vessel is void.

(2) Ocean Dungeness Crab Permit holders may transfer a permit:

(a) Pursuant to ORS 508.936; and

(b) Once in an 18-month period, provided the vessel holding the permit has landed at least 500 pounds of ocean Dungeness crab into Oregon in each of two ocean Dungeness crab fishing seasons in the last five ocean Dungeness crab fishing seasons, which includes landings made during any season open at the time of application. However, the Board may waive the landing requirement as well as the 18-month waiting period for transfers, if the Board finds strict adherence to this requirement was not met by the individual seeking to transfer a permit as a result of undue hardship as defined in OAR 635-005-0240. The Board also may delegate to the Department its authority to waive these requirements in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(3) An Ocean Dungeness Crab Permit is transferable:

(a) To another vessel; or

(b) To the purchaser of the vessel when the vessel is sold.

(4) The vessel to which an Ocean Dungeness Crab Permit is transferred, with the exception of vessels covered by section (5):

(a) Shall not be more than 10 feet longer than the vessel which held the permit on January 1, 2006; and

(b) Shall not be more than 99 feet in length.

(5) For the purpose of subsection (3)(a) of this rule, the Commercial Fishery Permit Board may waive the vessel length restriction if it finds that strict adherence to this requirement was not met as a result of undue hardship as defined in OAR 635-005-0240.

(6) Ocean Dungeness Crab Permits obtained as a result of qualifying under subsection (1)(e) of ORS 508.931 may only be transferred to vessels of a length of 26 feet or less.

(7) In the event a vessel is destroyed due to fire, capsizing, sinking or other event, the vessel owner has up to two years to transfer the Ocean Dungeness Crab Permit to a replacement vessel.

(8) Ocean Dungeness Crab Permit transfers are suspended during split season openings as pursuant to OAR 635-005-0465(2).

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.936
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0445

Logbook Required

(1) The Department shall make available a logbook to each licensed commercial fishing vessel which holds a valid Ocean Dungeness Crab Permit.

(2) The permit holder is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, each permit holder shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, each permit holder shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0450

Vessel Length Modification in Ocean Dungeness Crab Fishery

No vessel holding an Ocean Dungeness Crab Permit may be modified to increase its length by more than 10 feet during any 60-month period. If a permitted vessel is modified, the owner shall promptly notify the Department and the 60-month period shall begin on the date the Department receives notification.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.936
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0455

License Limitation

In the event that a license limitation measure is adopted by the Commission, August 14, 1991, shall be used as the eligibility date for participation in the Dungeness crab fishery.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.931
Hist.: FWC 124-1991, f. 10-23-91, cert. ef. 10-25-91; Renumbered from 635-005-0040, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0460

Areas

Oregon Dungeness crab permits are valid only in Oregon state waters and the Pacific Ocean in federal waters south of an east-west line extending westward at 46¼ 15’ 00” North Latitude (Oregon/Washington border) and north of an east-west line at 42¼ 00’ 00” North Latitude (Oregon/California border).

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 117-2005, f. 10-7-05, cert. ef. 12-1-05; DFW 129-2006(Temp), f. 12-12-06, cert. ef. 1-1-07 thru 6-29-07; DFW 41-2007, f. & cert. ef. 6-8-07; Renumbered from 635-005-0042, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0465

Closed Season in Pacific Ocean and Columbia River

(1) It is unlawful to take, land or possess Dungeness crab for commercial purposes from the Pacific Ocean or Columbia River from August 15 through November 30.

(2) The season opening for the commercial Ocean Dungeness crab fishery may be delayed in one or more fishing zones based on the results of crab quality testing. The Pre-season Testing Protocol for the Tri-State Coastal Dungeness crab Commercial Fishery (hereafter, “Tri-State Protocol”) specifies the process for establishing fishing zones (section VI) and coordinating the opening of the fishery in Washington, Oregon, and California north of Point Arena (sections IV and V). Therefore, the following sections of the Tri-State Protocol (Revised August, 2011) are hereby incorporated into Oregon Administrative Rule by reference:

(a) Section IV — Season Opening Criteria.

(b) Section V — Test Fishing and Process for Setting the Season Opening Date.

(c) Section VI — Procedure for Establishing Fishing Zones.

In the event that crab quality tests do not meet the criteria for opening the season on December 1, the Director shall adopt temporary rules delaying the season in accordance with the Tri-State Protocol.

(3) It is unlawful to land, receive or buy, Dungeness crab in the first thirty days of the ocean Dungeness crab fishery from a vessel that has not been certified by officials of the State of Oregon, Washington, or California to have been free of Dungeness crab before fishing in the ocean Dungeness crab fishery. In the event the area between Gray’s Harbor, Washington and Point Arena, California is divided into zones with different season opening dates, the ocean Dungeness crab fishery refers to the fishery in that zone for the purposes of this rule.

(4) In the event the area between Gray’s Harbor, Washington and Point Arena, California is divided into zones with different season opening dates, the transfer of a permit from one vessel to another is suspended from the earliest season opening date through thirty days after the latest season opening date, except in the event a vessel is unintentionally destroyed due to fire, capsizing, sinking, or other event.

(5) Upon a determination by the Department that catch in Oregon’s ocean Dungeness crab fishery after May 31 is greater than ten percent of the catch in the previous December 1 through May 31 period, the Director shall adopt a temporary rule closing the commercial season until the following December 1.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; FC 285(74-20), f. 11-27-74, ef. 12-25-74; FC 293(75-6), f. 6-23-75, ef. 7-11-75; FWC 30, f. & ef. 11-28-75; FWC 132, f. & ef. 8-4-77; FWC 30-1985, f. 6-27-1985, ef. 7-1-85, Renumbered from 625-010-0155, Renumbered from 635-036-0125; FWC 56-1982, f. & ef. 8-27-82; FWC 13-1983, f. & ef. 3-24-83; FWC 39-1983(Temp), f. & ef. 8-31-83; FWC 11-1984, f. 3-30-84, ef. 9-16-84, except section (1) per FWC 45-1984, f. & ef. 8-30-84; FWC 30-1985, f. 6-27-85, ef. 7-1-85; FWC 78-1986(Temp), f. & ef. 12-1-86; FWC 36-1987, f. & ef. 7-1-87; FWC 97-1987(Temp), f. & ef. 11-17-87; FWC 102-1988, f. 11-29-88, cert. ef. 12-29-88; FWC 119-1989(Temp), f. 11-29-89, cert. ef. 12-1-89; FWC 135-1991(Temp), f. 12-10-91, cert. ef. 12-11-91; FWC 136-1991(Temp), f. & cert. ef. 12-19-91; FWC 112-1992, f. 10-26-92, cert. ef. 11-1-92; FWC 70-1993, f. 11-9-93, cert. ef. 11-11-93; FWC 88-1994(Temp), f. 11-30-94, cert. ef. 12-1-94; FWC 89-1994(Temp), f. & cert. ef. 12-1-94; FWC 89-1995(Temp), f. 11-28-95, cert. ef. 12-1-95; FWC 1-1996(Temp), f. 1-11-96, cert. ef. 1-13-96; DFW 51-1998(Temp), f. 6-29-98, cert. ef. 7-1-98 thru 9-15-98; DFW 54-1998(Temp), f. & cert. ef. 7-24-98 thru 9-15-98; DFW 40-1999, f. & cert. ef. 5-26-99; DFW 70-2000, f. & cert. ef. 10-23-00; DFW 77-2000(Temp), f. 11-27-00, cert. ef. 12-1-00 thru 12-14-00; DFW 39-2002, f. & cert. ef. 4-26-02; DFW 128-2002(Temp), f. & cert. ef. 11-15-02 thru 1-31-03; DFW 129-2002(Temp), f. & cert. ef. 11-20-02 thru 1-31-03; DFW 132-2002(Temp), f. & cert. ef. 11-25-02 thru 1-31-03 (Suspended by DFW 133-2002(Temp)); DFW 133-2002(Temp), f. & cert. ef. 12-6-02 thru 1-31-03; DFW 117-2003(Temp), f. 11-25-03, cert. ef. 12-1-03 thru 2-29-04; Administrative correction 10-26-04; DFW 113-2004(Temp), f. 11-23-04, cert. ef. 12-1-04 thru 3-1-05; DFW 116-2004(Temp), f. & cert. ef. 12-8-04 thru 3-1-05; DFW 126-2004(Temp), f. & cert. ef. 12-21-04 thru 3-1-05; DFW 132-2004(Temp), f. & cert ef. 12-30-04 thru 3-1-05; Administrative correction, 3-18-05; DFW 129-2005(Temp), f. & cert. ef. 11-29-05 thru 12-31-05; DFW 140-2005(Temp), f. 12-12-05, cert. ef. 12-30-05 thru 5-31-06; Administrative correction 7-20-06; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 161-2010(Temp), f. 12-9-10, cert. ef. 12-10-10 thru 2-16-11; Administrative correction, 3-29-11; DFW 155-2011(Temp), f. 11-18-11, cert. ef. 12-1-11 thru 12-31-11; DFW 156-2011(Temp), f. 12-9-11, cert. ef. 12-15-11 thru 1-31-12; Administrative correction 4-24-12; DFW 37-2012, f. 4-24-12, cert. ef. 5-1-12; Renumbered from 635-005-0045, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0470

Possession and Landing Limits

(1) It is unlawful, from the second Monday in June through August 14, for any permitted ocean Dungeness crab vessel to take, land or possess more than 1,200 pounds of Dungeness crab per week from the Pacific Ocean and Columbia River. “Week” means the period beginning 12:01 a.m. local time Monday through 12 midnight Sunday.

(2) Commercial fishers must retain copies of fish landing receipts for a minimum of 90 days on board vessels landing Dungeness crab under the cumulative catch limit described in section (1) of this rule. The receipts must be available for inspection by authorized enforcement officials and by employees of the Department. Legal landing receipts are defined in OAR 635-005-0240.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 40-1999, f. & cert. ef. 5-26-99; DFW 117-2005, f. 10-7-05, cert. ef. 12-1-05; DFW 142-2008, f. & cert. ef. 11-21-08; Renumbered from 635-005-0047, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0475

Dungeness Crab Gear Specifications

It is unlawful for commercial purposes to:

(1) Take crab by any means other than crab pots or crab rings as defined in OAR 635-005-0240.

(2) Possess on a vessel, use, control, or operate any crab pot which is greater than thirteen cubic feet in volume, calculated using external dimensions.

(3) Possess on a vessel, use, control, or operate any crab pot which does not include a minimum of two circular escape ports of at least 4-1/4 inches inside diameter, located on the top or side of the crab pot. If escape ports are placed on the side of the crab pot, they shall be located in the upper half of the pot.

(4) Possess on a vessel, use, control, or operate any crab pot which does not have a release mechanism. Acceptable release mechanisms are:

(a) A single loop of untreated cotton not heavier than 120 thread size between crab pot lid tiedown hooks and the tiedown straps; or

(b) Any modification of the wire mesh on the top or upper half of the side of the crab pot, secured with a single strand of untreated cotton not heavier than 120 thread size, which, when removed, will create a minimum opening of at least 5 inches in diameter and will meet the following:

(A) The minimum opening may have not more than a single wire mesh (described as a “V”) that protrudes into the opening provided that mesh extends into the opening a distance of not more than 2.5 inches, as measured from the perimeter of the opening along either edge of the protruding wire mesh, to serve as an anchor for the securing cotton. The panel containing the opening and the wire mesh acting as an anchor for the securing cotton must be constructed of a single wire no greater than 0.050 inches in diameter.

(B) Cotton must not be wrapped multiple times around wire mesh and may use no more than one knot securing the wire mesh at each end.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306

[Hist.: FC 246, f. 5-5-72, ef. 5-15-72; FC 285(74-20), f. 11-27-74, ef. 12-25-74, Renumbered from 625-010-0160; FWC 49-1978, f. & ef. 9-27-78, Renumbered from 635-036-0130; FWC 56-1982, f. & ef. 8-27-82; FWC 81-1982, f. & ef. 11-4-82; FWC 82-1982(Temp), f. & ef. 11-9-82; FWC 13-1983, f. & ef. 3-24-83; FWC 11-1984, f. 3-30-84, ef. 9-16-84, except section (5) per FWC 45-1984, f. & ef. 8-30-84; FWC 72-1984, f. & ef. 10-22-84; FWC 30-1985, f. 6-27-85, ef. 7-1-85; FWC 78-1986 (Temp), f. & ef. 12-1-86; FWC 97-1987(Temp), f. & ef. 11-17-87; FWC 102-1988, f. 11-29-88, cert. ef. 12-29-88; FWC 107-1990, f. & cert. ef. 10-1-90; FWC 70-1993, f. 11-9-93, cert. ef. 11-11-93; FWC 84-1994, f. 10-31-94, cert. ef. 12-1-94; FWC 68-1996(Temp), f. & cert. ef. 12-5-96; FWC 2-1997, f. 1-27-97, cert. ef. 2-1-97; DFW 45-2006, f. 6-20-06, cert. ef. 12-1-06; DWF 96-2006(Temp), f. & cert. ef. 9-8-06 thru 3-6-07; DFW 97-2006(Temp), f. 9-8-06, cert. ef. 9-9-06 thru 3-7-07;DFW 123-2006(Temp), f. 11-28-06, cert. ef. 12-1-06 thru 3-7-06; DFW 135-2006(Temp), f. & cert. ef.12-26-06 thru 6-15-07; DFW 11-2007, f. & cert. ef. 2-14-07; DFW 41-2007, f. & cert. ef. 6-8-07; DFW 82-2007(Temp), f. 8-31-07, cert .ef. 9-1-07 thru 10-31-07; DFW 113-2007, f. & cert. ef. 10-25-07; DFW 127-2007(Temp), f. & cert. ef. 12-11-07 thru 6-7-08; DFW 129-2007(Temp), f. & cert. ef. 12-14-07 thru 6-7-08; DFW 29-2008(Temp), f. & cert. ef. 3-25-08 thru 8-31-08; DFW 59-2008(Temp), f. & cert. ef. 6-11-08 thru 8-28-08; DFW 98-2008(Temp), f. 8-19-08, cert. ef. 8-29-08 thru 10-31-08; Administrative correction 11-18-08; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 145-2008(Temp), f. 11-24-08, cert. ef. 12-1-08 thru 5-29-09; DFW 54-2009(Temp), f. 5-19-09, cert. ef. 5-29-09 thru 8-28-09; DFW 101-2009(Temp), f. 8-27-09, cert. ef. 8-29-09 thru 10-31-09; DFW 126-2009, f. & cert. ef. 10-7-09; DFW 114-2010, f. & cert. ef. 8-10-10; DFW 21-2011(Temp), f. 3-14-11, cert. ef. 3-15-11 thru 4-15-11; Administrative correction, 4-25-11; DFW 154-2011(Temp), f. 11-18-11, cert. ef. 12-1-11 thru 5-28-12; DFW 37-2012, f. 4-24-12, cert. ef. 5-1-12; Renumbered from 635-005-0055, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0480

Dungeness Crab Buoy Tag and Gear Marking Requirements

It is unlawful for commercial purposes to:

(1) Use commercial Dungeness crab gear in the Columbia River or Pacific Ocean unless the gear is individually marked with a surface buoy bearing, in a visible, legible and permanent manner, the brand of the owner and the Department buoy tag, provided that:

(a) The brand is a number registered with and approved by the Department;

(b) Only one unique buoy brand shall be registered to any one permitted vessel;

(c) All Dungeness crab gear fished by a permitted vessel must use only the Oregon buoy brand number registered to that vessel in the area off of Oregon;

(d) The Department shall issue crab buoy tags to the owner of each commercial crab permit in the amount determined by OAR 635-005-0405(5);

(e) All buoy tags eligible to a permit holder must be purchased from the Department at cost and attached to the gear prior to setting gear;

(f) Buoys attached to Dungeness crab gear must have the buoy tag securely attached to the buoy closest to the gear at the end away from the buoy line; and

(g) Additional buoy tags to replace lost tags will be issued by the Department as follows:

(A) As of the first business day after 30 days following the season opening in the area fished, up to ten percent of the tags initially issued for that season; or

(B) For a catastrophic loss, as defined in ORS 635-005-0240; or

(C) If the Director finds that the loss of buoy tags was:

(i) Due to an extraordinary event;

(ii) The loss was minimized with the exercise of reasonable diligence; and

(iii) Reasonable efforts were taken to recover lost buoy tags and associated fishing gear.

(D) Upon receipt of the declaration of loss required by subsection (1)(g)(E) of this rule, and a request for replacement tags under sub-subsection (1)(g)(C) of this rule, the Director or the Director’s designee may provide an opportunity for the permit holder requesting the replacement tags to describe why the buoy tag loss meets the criteria for replacement under subsection (1)(g)(C) of this rule. The Director or the Director’s designee shall provide the Director’s order to the permit holder and to the Department’s License Services. The permit holder may appeal the Director’s findings to the Fishery Permit Review Board under OAR 635-005-0425.

(E) Permit holders (or their alternative designated on the buoy tag order form) must obtain, complete, and sign a declaration of loss under penalty of perjury in the presence of an authorized Department employee. The declaration shall state the number of buoy tags lost, the location and date where lost gear or tags were last observed, and the presumed cause of the loss.

(2) Possess on a vessel, use, control, or operate any Dungeness crab gear which does not have a tag affixed to the individual pot or ring identifying the gear as belonging to that vessel, a surface buoy bearing the Department buoy brand registered to that vessel, and a Department buoy tag issued by the Department to that vessel, as pursuant to ORS 509.415, except:

(a) To set gear as allowed under OAR 635-005-0405; or

(b) Under a waiver granted by the Department to allow one time retrieval of permitted Dungeness crab gear to shore by another crab permitted vessel provided that:

(A) The vessel is incapacitated due to major mechanical failure or destroyed due to fire, capsizing, or sinking;

(B) Circumstances beyond the control of the permit holder as defined by undue hardship in OAR 635-005-0240;

(C) A Request must be in writing and a waiver approved and issued prior to retrieval; and

(D) A copy of the waiver must be on board the vessel making the retrieval (Contact Department of Fish and Wildlife Licensing Services, Salem for guidelines).

(c) Under a waiver granted by the Department to allow one time change of buoy tags associated with a Dungeness crab permit transfer under OAR 635-005-0440 provided that:

(A) A request must be in writing and a waiver approved and issued prior to change of buoy tags; and

(B) A copy of the waiver must be on board the vessel making the change of buoy tags (Contact Department of Fish and Wildlife Licensing Services, Salem for guidelines).

(d) When retrieving derelict Dungeness crab gear as pursuant to OAR 635-005-0490;

(e) A vessel may transit through the Columbia River and the Pacific Ocean adjacent to Oregon while possessing Dungeness crab gear not bearing Oregon buoy tags or Oregon buoy branded surface buoys, provided that the vessel is authorized and en route to participate in the Dungeness crab fishery of an adjacent state; or

(f) When operating crab rings in bays or estuaries, only a tag affixed to the individual ring is required.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0485

Dungeness Crab Gear Prohibitions

It is unlawful for commercial purposes to:

(1) Place, operate, or leave Dungeness crab gear in the Pacific Ocean, Columbia River or in any bay or estuary during the closed season, except:

(a) In only the Pacific Ocean and Columbia River, Dungeness crab gear may be placed no more than 64 hours immediately prior to the date the Dungeness crab season opens. In addition, unbaited Dungeness crab gear with open release mechanisms may be left in the Pacific Ocean (not including the Columbia River) for a period not to exceed 14 days following the closure of the Dungeness crab season.

(2) Have Dungeness crab gear deployed in the Pacific Ocean or Columbia River more than 14 days without making a landing of Dungeness crab.

(3) Remove, damage, or otherwise tamper with crab buoy, pot or ring tags except when lawfully applying or removing tags on the vessel’s buoys, pots or rings.

(4) Attach one crab pot or ring to another crab pot or ring by a common groundline or any other means that connects Dungeness crab gear together.

(5) Take crabs for commercial purposes by crab pots from any bay or estuary except the Columbia River.

(6) Take or fish for Dungeness crab for commercial purposes in the Columbia River or Pacific Ocean adjacent to the state of Oregon unless a Dungeness crab gear allocation has been issued to the permit required under OAR 635-005-0405(5).

(7) Deploy or fish more Dungeness crab gear than the number of pots and rings in aggregate assigned by the Dungeness Crab Pot Allocation Certificate or to use any vessel other than the vessel designated on the Dungeness Crab Pot Allocation Certificate, except to set gear as allowed under OAR 635-005-0405.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0490

Derelict Dungeness Crab Gear

Derelict Dungeness crab gear may be retrieved from the ocean, including the Columbia River, and transported to shore provided that:

(1) The retrieving vessel holds a valid boat license, issued pursuant to ORS 508.260, and the captain and crew of that vessel hold valid commercial fishing license(s), issued pursuant to ORS 508.235.

(2) The number of derelict Dungeness crab gear which may be retrieved per trip are as follows:

(a) From the opening of the ocean Dungeness crab fishery in the area where retrieval takes place until the second Monday in June of the same ocean Dungeness crab season: 25 derelict pots and rings in aggregate;

(b) From the second Monday in June through August 28: 50 derelict pots and rings in aggregate;

(c) August 29 through October 31: an unlimited number of derelict pots and rings may be retrieved.

(3) Upon retrieval from the ocean or Columbia River, the Dungeness crab gear must be un-baited.

(4) Crab from the retrieved Dungeness crab gear shall not be retained, except crab of legal size and sex may be retained by vessels holding a valid Dungeness crab permit, at such times and in such areas that Dungeness crab may otherwise be legally taken for commercial purposes.

(5) Immediately upon retrieval of Dungeness crab gear, the retrieving vessel operator must document in the retrieving vessel’s logbook the date and time of pot or ring retrieval, number of retrieved crab pots or rings in aggregate, location of retrieval, and retrieved Dungeness crab gear owner identification information.

(6) Any retrieved Dungeness crab gear must be transported to shore during the same fishing trip that retrieval took place.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0495

Size and Sex

(1) It is unlawful to take, land or possess for commercial purposes:

(a) Female Dungeness crab; or

(b) Male Dungeness crab less than 6-1/4 inches measured the shortest distance through the body of the crab from edge of shell to edge of shell from directly in front of the tenth anterolateral spine.

(2) Any undersized or female Dungeness crab taken from the Pacific Ocean must be released within 15 minutes of capture unharmed into the Pacific Ocean at the point of capture.

(3) It is unlawful to possess or transport Dungeness crab that have been mutilated prior to landing so that the size or sex cannot be determined.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; FWC 56, f. & ef. 4-26-76; FWC 112, f. & ef. 5-11-77, Renumbered from 625-010-0165, Renumbered from 635-036-0135; FWC 78-1986(Temp), f. & ef. 12-1-86; FWC 97-1987(Temp), f. & ef. 11-17-87; FWC 102-1988, f. 11-29-88, cert. ef. 12-29-88; Renumbered from 635-005-0060, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0500

Fishery Defined

“Bay and Estuary Dungeness crab fishery” means all fishing for Dungeness crab (Cancer magister) for commercial purposes in Oregon bays and estuaries, except the Columbia River.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0505

Closed Season in Bays and Estuaries

(1) For the purposes of the Bay and Estuary Dungeness Crab Fishery, the Columbia River is considered the Pacific Ocean and is closed to all commercial harvest of Dungeness crab without a valid Ocean Dungeness Crab Permit pursuant to OAR 635-005-0405 and during the times specified in OAR 635-005-0465.

(2) It is unlawful to take, land or possess Dungeness crab for commercial purposes from any bay or estuary other than the Columbia River so taken:

(a) From January 1 through Labor Day;

(b) During December, if the adjacent ocean area is closed as provided in 635-005-0465;

(c) From midnight Friday through midnight Sunday of any week; and

(d) On all legal state and federal holidays.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FWC 70-1993, f. 11-9-93, cert. ef. 11-11-93; Renumbered from 635-005-0049, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0510

Fishing Gear

In all bays and estuaries other than the Columbia river, it is unlawful for commercial purposes to:

(1) Take, land or possess Dungeness crab with any gear other than crab rings.

(2) Operate more than 15 individual crab rings from any one fishing vessel.

(3) Possess, use, control, or operate on a vessel any crab ring which does not have a tag identifying it as belonging to that vessel.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0515

Size and Sex

(1) It is unlawful to take, land or possess for commercial purposes:

(a) Female Dungeness crab; or

(b) Male Dungeness crab less than 6-1/4 inches measured the shortest distance through the body of the crab from edge of shell to edge of shell from directly in front of the tenth anterolateral spine.

(2) Any undersized or female Dungeness crab taken from a bay must be released immediately unharmed into the fishing area and not brought to the dock.

(3) It is unlawful to possess or transport Dungeness crab that have been mutilated prior to landing so that the size or sex cannot be determined.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0520

Fishery Defined

“Red Rock, Box, Tanner and Other Crab fisheries” means all fishing for red rock crab (Cancer productus) in Oregon estuaries and the Pacific Ocean for commercial purposes, and all fishing for box crab (Lopholithodes foraminatus) Tanner crab (Chinoecetes tanneri), Oregon hair crab (Paralomis multispina) and scarlet king crab (Lithodes couesi) in the Pacific Ocean for commercial purposes.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0525

Permits Required for Red Rock Crab and Box Crab

(1) It is unlawful to take, land or possess red rock crab from bays and estuaries without first obtaining a Commercial Shellfish And Intertidal Animal Harvest Permit pursuant to OAR 635-005-0245 and 635-005-0250.

(2) It is unlawful to take, land or possess red rock crab or box crab the Pacific Ocean without first obtaining an Ocean Dungeness Crab Permit pursuant to OAR 635-005-0405.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129, 506.306, 508.116 & 508.926
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0530

Tanner and Box Crab Taken in Trawl Nets

Notwithstanding OAR 635-005-0540, the Department may issue permits to land Tanner and box crab taken as incidental catch in trawl nets outside Oregon waters.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FWC 12-1982, f. & ef. 2-16-82; FWC 17-1982, f. & ef. 3-22-82; FWC 30-1985, f. 6-27-85, ef. 7-1-85, Renumbered from 635-005-0056; Renumbered from 635-005-0063, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0535

Closed Season

(1) It is unlawful to take, land or possess Tanner, Oregon hair and scarlet king crab from the Pacific Ocean from November 1 until the opening of the next ocean Dungeness crab season in that area.

(2) It is unlawful to retain red rock and box crab when the Dungeness crab fishery is closed pursuant to OAR 635-005-0465.

(3) It is unlawful to take, land or possess red rock crab in Oregon bays or estuaries when the Dungeness crab fishery is closed pursuant to OAR 635-005-0505.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FWC 12-1982, f. & ef. 2-16-82; FWC 17-1982, f. & ef. 3-22-82; FWC 30-1985, f. 6-27-85, ef. 7-1-85; FWC 84-1994, f. 10-31-94, cert. ef. 12-1-94; DFW 93-1998, f. & cert. ef. 11-25-98; DFW 4-2008, f. & cert. ef. 1-23-08; DFW 149-2008, f. & cert. ef. 12-17-08; Renumbered from 635-005-0064, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0540

Fishing Gear

(1) Except as provided in OAR 635-005-0530, it is unlawful to take Tanner, Oregon hair and scarlet king crab for commercial purposes except by crab rings, crab pots, and crab pot longline gear. Crab pots and crab pot longline gear must comply with the provisions contained in OAR 635-005-0275. “Crab pot longline gear” means a stationary and buoyed groundline with one or more crab pots or traps attached, with a line attached to surface floats and is used for the taking of only Tanner, Oregon hair or scarlet king crab.

(2) Except as provided in OAR 635-005-0530, it is unlawful to take red rock and box crab for commercial purposes except by crab rings and crab pots. Crab rings and crab pots must comply with the provisions contained in OAR 635-005-0480 and 635-005-0485.

(a) It is unlawful to take, land or possess red rock crab for commercial purposes from any bay or estuary with any gear other than crab rings.

(b) A maximum of 15 individual crab rings may be used from any one fishing vessel in any bay or estuary red rock crab fishery.

(3) When fishing for Tanner, Oregon hair and scarlet king crab, all buoys must be inscribed with an annual identification buoy number issued by the Department. No other brand number is allowed on the buoy.

(4) It is unlawful to possess, use, control, or operate on a vessel any crab pot, crab ring or crab longline gear which does not have a tag identifying it as belonging to that vessel.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306

[Hist.: FWC 30-1985, f. 6-27-85, ef. 7-1-85; FWC 84-1994, f. 10-31-94, cert. ef. 12-1-94; DFW 4-2008, f. & cert. ef. 1-23-08; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 149-2008, f. & cert. ef. 12-17-08; Renumbered from 635-005-0065, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0545

Fishing Area

It is unlawful to take Tanner, Oregon hair and scarlet king crab from the Pacific Ocean shoreward of the 40 fathom contour line as defined in the Code of Federal Regulations Title 50, Section 660.71(k).

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FWC 30-1985, f. 6-27-85, ef. 7-1-85; FWC 84-1994, f. 10-31-94, cert. ef. 12-1-94; DFW 4-2008, f. & cert. ef. 1-23-08; Renumbered from 635-005-0066, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0550

Size and Sex

There are no size or sex restrictions for the taking of red rock, box, Tanner, Oregon Hair and scarlet king crab. However, these crab shall not be mutilated before landing so that species cannot be determined.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FWC 30-1985, f. 6-27-85, ef. 7-1-85; DFW 149-2008, f. & cert. ef. 12-17-08; Renumbered from 635-005-0067, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0555

Incidental Catch Limits

All groundfish, Dungeness crab and salmon, as defined in OAR 635-005-0240, taken in any commercial Tanner, Oregon hair and scarlet king crab fishery must be returned to the water immediately.

(2) All groundfish and salmon, as defined in OAR 635-005-0240, taken in any commercial red rock or box crab fishery must be returned to the water immediately.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 149-2008, f. & cert. ef. 12-17-08; Renumbered from 635-005-0068, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0560

Tanner Crab Notification of Activity

(1) All Tanner crab fishers must provide, to Department offices and processing plants on the list provided by the Marine Resources Program office in Newport, a Notice of Intent to set gear at least one week in advance of any gear being set. A Notice of Intent to set gear must include: the vessel name; general area of expected fishing activity; and dates of expected fishing activity.

(2) Once fishing gear has been placed in the water, all Tanner crab fishers must provide to Department offices and processing plants on the list provided by the Marine Resources Program office in Newport, a Notice of Location of set gear within 24 hours. A Notice of Location of set gear must include: the vessel name; exact location of gear (depth and latitude/longitude or loran); and dates of intended fishing activity. If individual strings of gear are more than one mile from each other, the ends of each string must be identified. If individual strings of gear are less than one mile from each other, the block of gear may be identified. If gear is moved more than 5 miles, a new Notice of Location of set gear must be distributed.

(3) If more than 5 pots are lost in any one location, a Notice of Lost Gear must be sent to the Department’s Marine Resources Program office in Newport within 24 hours. A Notice of Lost Gear must include: the vessel name; a best estimate of location of lost gear (depth, latitude and longitude or loran); and the amount of gear lost.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 149-2008, f. & cert. ef. 12-17-08; Renumbered from 635-005-0069, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0565

Logbook Required

(1) The Department shall make available a logbook to each licensed commercial fishing vessel used to take any of the species outlined in OAR 635-005-0520.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0570

Organization of Rules

The Shrimp Section includes regulations for the Pink Shrimp, Spot and Coonstripe Shrimp, and Brine Shrimp fisheries.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0575

Fishery Defined

“Pink shrimp fishery” means the commercial fishery targeting smooth pink or ocean shrimp (Pandalus jordani) in the Pacific Ocean.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0580

Requirement for Pink Shrimp Permit

(1) It is unlawful to take, land or possess pink shrimp for commercial purposes without first obtaining a Pink Shrimp Permit pursuant to ORS 508.880 and 508.883.

(2) It is unlawful for a wholesaler, canner, or buyer to buy or receive pink shrimp taken in the pink shrimp fishery from a vessel for which the permit required by this rule has not been issued.

(3) The Pink Shrimp Permit required by section (1) of this rule is in addition to and not in lieu of the commercial fishing and boat license required by ORS 508.235 and 508.260.

(4) No vessel may hold more than one Pink Shrimp Permit at any one time.

(5) Unless otherwise provided, Pink Shrimp Permits must be purchased by December 31 of the year the permit is sought for renewal.

(6) Applications for Pink Shrimp Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of vessel may be required at the time of application.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129, 506.306 & 508.880
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0585

Permit Fee

(1) The annual fee for a Pink Shrimp Permit is $125.00 (plus a $2.00 license agent fee) for resident applicants and $290.00 (plus a $2.00 license agent fee) for non-resident applicants. See ORS 508.901.

(2) A fee of $100.00 shall be charged for each transfer of participation rights under OAR 635-005-0615. See ORS 508.907.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.901
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0590

Eligibility Requirements for a Permit

(1) An individual or a commercial licensed vessel under ORS 508.260 is eligible to obtain a Pink Shrimp Permit required by OAR 635-005-0580:

(a) By renewal of the previous year’s permit as specified in OAR 635-005-0605; or

(b) Through the lottery if a lottery is held in accordance with OAR 635-005-0610.

(2) In making determinations regarding issuance or renewal of any limited entry permit, the Department and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements Department records and such receipts, accounts, contracts and other business records of private parties as the Department or the Board considers reliable evidence of the qualifications or requirements in question.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.886
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0595

Revocation and Refusal to Issue Permits

The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a Pink Shrimp Permit pursuant to ORS 508.898.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.898
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0600

Review of Denials

(1) An individual whose application for issuance, renewal or transfer of a Pink Shrimp Permit established pursuant to OAR 635-005-0580, 635-005-0605 or 635-005-0615 is denied may make written request to the Board for review of the denial. The procedure for requesting review and the applicable standard of review of denial for a Pink Shrimp Permit shall be as pursuant to ORS 508.910.

(2) The Board may delegate to the Department its authority to waive requirements for renewal of permits in all fisheries in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(3) A $125.00 non-refundable application fee for Board review will be charged. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee.

(4) Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to ORS 183.550.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.910
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0605

Renewal of Permit

(1) Pink Shrimp Permits may be renewed the following year by submitting to the Department a $125.00 fee (plus a $2.00 license agent fee) for resident applicants and a $290.00 fee (plus a $2.00 license agent fee) for non-resident applicants and a complete application date-stamped or postmarked by December 31 of the year the permit is sought for renewal.

(2) An application for renewal of a Pink Shrimp Permit shall be considered complete if it is legible, has all information requested in the form, and is accompanied by the required fee in full. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by December 31 of the permit year sought, the individual shall not be considered to have applied for renewal in a timely manner.

(3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application shall not be grounds for treating the application as having been filed in a timely and complete manner.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.892
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0610

Lottery for Limited Entry Pink Shrimp Permits

(1) If the number of Pink Shrimp Permits issued in accordance with ORS 508.892 falls below 150, the Department may issue Pink Shrimp Permits by a lottery system pursuant to ORS 508.904. However, the total number of Pink Shrimp Permits issued shall not exceed 150.

(2) Each applicant for a permit lottery shall complete the application form prescribed by the Department.

(3) Application for vessel permits shall only be accepted for vessels which, in the judgment of the Department, are capable of operating the gear necessary to legally participate in the fishery. Vessels of a size or design incapable of harvesting the permitted species are not eligible for the lottery.

(4) Only one application per vessel may be submitted for each permit fishery lottery.

(5) Any application which is not legible, has incomplete information, or is postmarked after the deadline shall not be entered in the lottery. Applications for all permits will be accepted at the Salem headquarters office of the Department, and shall be postmarked or date stamped no later than March 31 of the year for which the permit is issued.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0615

Transferability of Permits

Any transfer of a Pink Shrimp Permit away from a vessel without the written consent of each person holding a security interest in such vessel is void. Pink Shrimp Permit holders may transfer a permit pursuant to ORS 508.907.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.907
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0620

Logbook Required

(1) The Department shall make available a logbook to each licensed commercial fishing vessel which holds a valid Pink Shrimp Permit.

(2) Each permit holder or vessel operator is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the permit holder shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the permit holder shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0625

Closed Season

(1) It is unlawful to take, land, or possess pink shrimp from the Pacific Ocean from November 1 of any year through March 31 of the following year.

(2) Notwithstanding the provisions of section (1) of this rule, it is lawful to possess pink shrimp taken from the Pacific Ocean during the period November 1 of any year through March 31 of the following year, if such shrimp were taken north of 48°30’ north latitude (U.S.-Canada border).

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 241, f. 4-5-72, ef. 4-15-72; FC 256, f. 12-1-72, ef. 12-15-72; FWC 154(Temp), f. & ef. 10-12-77 through 2-8-78, Renumbered from 625-010-0240; FWC 167, f. & ef. 10-23-77; FWC 50-1978, f. & ef. 9-27-78; FWC 22-1979(Temp), f. 7-18-79, ef. 7-19-79; Suspended by FWC 30-1979(Temp), f. & ef. 8-16-79, Renumbered from 635-036-0150; FWC 24-1980 (Temp), f. & ef. 5-30-80; Suspended by FWC 34-1980(Temp), f. & ef. 7-1-80; FWC 57-1980(Temp), f. & ef. 10-3-80; FWC 59-1980(Temp), f. & ef. 10-21-80; FWC 36-1981(Temp), f. & ef. 9-22-81; FWC 19-1982, f. & ef. 3-22-82; FWC 30-1985, f. 6-27-85, ef. 7-1-85; FWC 94-1987(Temp), f. & ef. 10-30-87; Renumbered from 635-005-0185, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0630

Fishing Gear

(1) It is unlawful to take pink shrimp for commercial purposes by any means other than trawl net or pots.

(2) It is unlawful to fish with trawl gear for pink shrimp for commercial purposes unless an approved rigid-grate bycatch reduction device is used in each net. A rigid-grate bycatch reduction device uses a rigid panel of narrowly spaced bars to guide fish out of an escape hole in front of the panel, generally in the top of the net. The panel may be hinged to facilitate rolling over a net reel. An approved rigid-grate bycatch reduction device must meet the following criteria:

(a) The exterior circumference of the rigid panel must fit completely within the interior circumference of the trawl net, such that there is no space between the panel and the net that will allow a 110 mm sphere to pass beyond the panel, into the terminal area of the codend;

(b) None of the openings between the bars in the rigid panel may exceed 0.75 inches.

(c) The escape hole must, when spread open, expose a hole of at least 100 square inches; and

(d) The escape hole must be forward of the rigid panel and must begin within four meshes of the furthest aft point of attachment of the rigid panel to the net.

(3) All bycatch reduction devices and codends used for trawl fishing for pink shrimp must be readily accessible and made available for inspection at the request of an authorized agent of the state. No trawl gear may be removed from the vessel prior to offloading of shrimp.

(4) It is unlawful to modify bycatch reduction devices in any way that interferes with their ability to allow fish to escape from the trawl.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0245, Renumbered from 635-036-0155; FWC 30-1985, f. 6-27-85, ef. 7-1-85; DFW 31-2001, f. & cert. ef. 5-4-01; DFW 63-2001(Temp), f. 7-24-01, cert. ef. 8-1-01 thru 10-31-01; DFW 56-2002(Temp), f. 5-29-02, cert. ef. 7-1-02 thru 10-31-02; DFW 24-2003, f. & cert. ef. 3-26-03; DFW 158-2010, f. 12-6-10, cert.ef. 1-1-11; Renumbered from 635-005-0190, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0635

Mesh Restriction

It is unlawful to land shrimp taken south of the Oregon-California border with nets having a mesh size of less than 1-3/8 inches between knots.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FWC 26-1982, f. & ef. 4-30-82; FWC 34-1982, f. & ef. 6-1-82; FWC 35-1995, f. 5-3-95, cert. ef. 5-5-95; Renumbered from 635-005-0186, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0640

Incidental Catch Limit

(1) It is unlawful for a commercial fishing vessel taking shrimp for commercial purposes to land an incidental catch of groundfish in excess of 500 pounds per day, multiplied by the number of days of the fishing trip, not to exceed 1,500 total pounds of groundfish for the fishing trip.

(2) In addition to section (1) of this rule, the following sublimits also apply and are counted toward the daily and fishing trip limits:

(a) Lingcod: 300 pounds per month; and

(b) Sablefish: 2,000 pounds per month.

(3) The amount of groundfish landed described in sections (1) and (2) of this rule shall not exceed the amount of pink shrimp landed on any single fishing trip.

(4) It is unlawful to have on board a commercial fishing vessel taking pink shrimp for commercial purposes any canary rockfish, yelloweye rockfish, and any species of thornyhead.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0250, Renumbered from 635-036-0160; FWC 10-1983, f. & ef. 3-1-83; FWC 34-1983, f. & ef. 8-1-83; FWC 41-1983 (Temp), f. & ef. 9-6-83; FWC 42-1983(Temp), f. 9-9-83, ef. 9-10-83; FWC 112-90, f. 10-3-90, cert. ef. 10-5-90; Renumbered from 635-005-0195, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0645

Maximum Count Per Pound

(1) It is unlawful to possess or land pink shrimp from any one trip or landing which exceeds an average count of 160 whole shrimp per pound. This rule shall not apply to landings or possession of less than 3,000 pounds of pink shrimp.

(2) To determine average count per pound when a landing exceeds 3,000 pounds of shrimp, one sample must be taken from each one thousand pounds up to a maximum requirement of 20 samples. The sampling unit shall consist of at least one pound of whole unbroken shrimp.

(3) For the purpose of determining count per pound “whole shrimp” and “whole unbroken shrimp” are defined as shrimp in which the body is substantially intact, including an identifiable carapace, abdomen, and telson (tail). It is not intended to require shrimp to have an unbroken rostrum, complete set of legs, antennae, or other appendages.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FWC 34-1982, f. & ef. 6-1-82; FWC 30-1985, f. 6-27-85, ef. 7-1-85; FWC 70-1993, f. 11-9-93, cert. ef. 11-11-93; Renumbered from 635-005-0200, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0650

Fishery Defined

“Spot and coonstripe shrimp fisheries” means the commercial fisheries for spot shrimp (Pandalus platyceros) and coonstripe shrimp (Pandalus danae) in the Pacific Ocean.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0655

Closed Season

There is no closed season for the taking of spot or coonstripe shrimp.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FWC 30-1985, f. 6-27-85, ef. 7-1-85; DFW 113-2003(Temp), f. 11-21-03, cert. ef. 11-21-03 thru 12-31-03; Administrative correction 8-2-04; Renumbered from 635-005-0205, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0660

Fishing Gear

(1) It is unlawful to take spot or coonstripe shrimp for commercial purposes by any means other than pots or traps, except trawls legal for the taking of pink shrimp may be used during open pink shrimp seasons and trawls legal for the taking of groundfish may be used when the established seasons for those species are open.

(2) Pots or traps used to take spot or coonstripe shrimp must comply with the following provisions:

(a) Pots or traps must have entrance tunnels no smaller than 1.5 inches at the narrowest point and no larger than 3.0 inches at the widest point;

(b) No triggers of any kind may be used on the inside of entrance tunnels; and

(c) Pots or traps must have with at least one escape panel constructed with #21 or smaller untreated cotton in such manner than an opening of at least five inches in diameter will result when the twine deteriorates.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FWC 30-1985, f. 6-27-85, ef. 7-1-85; FWC 15-1986, f. & ef. 5-20-86; Renumbered from 635-005-0210, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0665

Fishing Area

It is unlawful to take, land or possess spot or coonstripe shrimp from areas other than the Pacific Ocean.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FWC 30-1985, f. 6-27-85, ef. 7-1-85; Renumbered from 635-005-0215, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0670

Incidental Catch Limit

Provisions under 635-005-0640 for the possession of incidental catch apply to the taking of spot and coonstripe shrimp.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FWC 30-1985, f. 6-27-85, ef. 7-1-85; Renumbered from 635-005-0220, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0675

Logbook Required

(1) The Department shall make available a logbook to each licensed commercial fishing vessel used to take any of the species specified in OAR 635-005-0650.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0680

Fishery Defined

“Brine shrimp fishery” means the commercial fishery for adult brine shrimp (Artemia spp.) from Lake Abert (Lake County).

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0685

Requirement for Brine Shrimp Permit

(1) It is unlawful to take, land or possess brine shrimp for commercial purposes without first obtaining a Brine Shrimp Permit issued pursuant to OAR 635-005-0690 through 635-005-0715.

(2) It is unlawful for a wholesaler, canner, or buyer to buy or receive brine shrimp taken in the brine shrimp fishery from a person for which the permit required by this rule has not been issued.

(3) The Department may issue no more than three permits required by section (1) of this rule.

(4) The Brine Shrimp Permit required by section (1) of this rule is in addition to and not in lieu of the commercial fishing and boat license required by ORS 508.235 and ORS 508.260.

(5) No individual may hold more than one Brine Shrimp Permit at any one time.

(6) Unless otherwise provided, Brine Shrimp Permits must be purchased by January 31 of the year the permit is sought for renewal.

(7) Applications for Brine Shrimp Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of a vessel may be required at the time of application.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0690

Permit Fee

(1) The annual fee for a Brine Shrimp Permit is $100.00 (plus a $2.00 license agent fee) for applicants.

(2) A fee of $100.00 shall be charged for each transfer of participation rights under OAR 635-005-0715.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0695

Eligibility Requirements for a Permit

(1) A commercial fisher licensed under ORS 508.235 is eligible to obtain the permit required by OAR 635-005-0685:

(a) By renewal of previous year’s permit; or

(b) Through the lottery if a lottery is held in accordance with OAR 635-005-0710.

(2) In making determinations regarding issuance or renewal of any limited entry permit, the Department and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements Department records and such receipts, accounts, contracts and other business records of private parties as the Department or the Board considers reliable evidence of the qualifications or requirements in question.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0700

Review of Denials

(1) An individual whose application for issuance, renewal or transfer of a Brine Shrimp Permit established pursuant to OAR 635-005-0685, 635-005-0705 and 635-005-0715 is denied may make written request to the Board for review of the denial. The review provided in this subsection is in lieu of any such review by the Department or the Commission. The request shall be in such form and shall contain such information as the Board considers appropriate.

(2) The Board shall review a denial of an application for issuance, renewal or request to transfer a permit according to the applicable provisions of ORS chapter 183. Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to 183.500. The Board may waive requirements for renewal of permit if the Board finds strict adherence to the requirements were not met as a result of undue hardship as defined in OAR 635-005-0240.

(3) A party must petition for Board review of the hearing officer’s proposed order within 30 days of service of the proposed order if the party wants the proposed order changed. A party must identify what parts of the proposed order it objects to, and refer to parts of the administrative record and legal authority supporting its position.

(4) The Board may delegate to the Department its authority to waive requirements for renewal of Brine Shrimp Permits in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(5) For those fisheries requiring a $125.00 application fee for Board review, the fee is non-refundable. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0705

Renewal of Permit

(1) Brine Shrimp Permits may be renewed the following year:

(a) By submitting to the Department a $100.00 fee (plus a $2.00 license agent fee) and a complete application date-stamped or postmarked by January 31 of the year for which renewal is sought; and

(b) The permittee shall have lawfully landed 5,000 pounds of brine shrimp in Oregon in the prior year.

(2) An application for renewal of a Brine Shrimp Permit shall be considered complete if it is legible, has all information requested in the form, and is accompanied by the required fee in full. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by December 31 of the permit year sought, the individual may not be considered to have applied for renewal in a timely manner.

(3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application may not be grounds for treating the application as having been filed in a timely and complete manner.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0710

Lottery for Limited Entry Brine Shrimp Permits

(1) If the number of Brine Shrimp Permits issued in accordance with OAR 635-005-0685 falls below three, the Department in the next succeeding calendar year may issue permits by a lottery system. However, as a result of any such lottery, the total number of permits issued may not exceed three.

(2) Each applicant for a permit lottery shall complete the application form prescribed by the Department.

(3) Only one application per vessel may be submitted for each permit fishery lottery.

(4) Any application which is not legible, has incomplete information, or is postmarked after the deadline will not be entered in the lottery. Applications for all permits will be accepted at the Salem headquarters office of the Department, and shall be postmarked or date stamped no later than March 31 of the year for which the permit is issued.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0715

Transferability of Permits

Brine Shrimp Permits are transferable.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0720

Organization of Rules

The Other Shellfish and Marine Invertebrate Section includes regulations for the Weathervane Scallop, Sea Urchin, Crayfish, Oyster, Squid, Octopus and other minor shellfish and invertebrate fisheries.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0725

Fishery Defined

“Weathervane scallop fishery” means the commercial fishery for weathervane scallops (Patinopecten caurinus) in the Pacific Ocean.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0730

Additional License Requirement

It is unlawful to take, distribute or process oysters, clams, mussels and weathervane scallops intended for human consumption without first obtaining a Shellfish Sanitation Certificate as specified in OAR 635-005-0255.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0735

Requirement for Weathervane Scallop Permit

(1) It is unlawful to take, land or possess weathervane scallops without first obtaining a Weathervane Scallop Permit issued pursuant to ORS 508.840 and 508.843.

(2) It is unlawful for a wholesaler, canner, or buyer to buy or receive weathervane scallops taken in the weathervane scallop fishery from a vessel for which the permit required by this rule has not been issued.

(3) A Weathervane Scallop Permit required by section (1) of this rule is in addition to and not in lieu of the commercial fishing and boat license required by ORS 508.235 and 508.260.

(4) No vessel may hold more than one Weathervane Scallop Permit at any one time.

(5) Unless otherwise provided, Weathervane Scallop Permits must be purchased by December 31 of the year the permit is sought for renewal.

(6) Applications for Weathervane Scallop Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of a vessel may be required at the time of application.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129, 506.306 & 508.840
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0740

Permit Fee

(1) The annual fee for a Weathervane Scallop Permit is $125.00 (plus a $2.00 license agent fee) for resident applicants and $290.00 (plus a $2.00 license agent fee) for non-resident applicants. See ORS 508.858.

(2) A fee of $100.00 shall be charged for each transfer of participation rights under OAR 635-005-0770. See ORS 508.864.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.858
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0745

Eligibility Requirements for a Permit

(1) An individual licensed under ORS 508.235 or a commercial licensed vessel under ORS 509.260 is eligible to obtain a Weathervane Scallop Permit required by OAR 635-005-0735:

(a) By renewal of the previous year’s permit as specified in OAR 635-004-0760; or

(b) Through the lottery if a lottery is held in accordance with OAR 635-004-0765.

(2) In making determinations regarding issuance or renewal of any limited entry permit, the Department and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements Department records and such receipts, accounts, contracts and other business records of private parties as the Department or the Board considers reliable evidence of the qualifications or requirements in question.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 508.846 & 508.852
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0750

Revocation and Refusal to Issue Permits

The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a Weathervane Scallop Permit pursuant to ORS 508.855.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.867
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0755

Review of Denials

(1) An individual whose application for issuance, renewal or transfer of a Weathervane Scallop Permit established pursuant to OAR 635-005-0735, 635-005-0760 and 635-005-0770 is denied may make written request to the Board for review of the denial. The procedure for requesting review and the applicable standard of review of denial for a Weathervane Scallop Permit shall be as pursuant to ORS 508.867.

(2) The Board may delegate to the Department its authority to waive requirements for renewal of permits in all fisheries in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(3) For those fisheries requiring a $125.00 application fee for Board review, the fee is non-refundable. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee.

(4) Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to 183.550.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.867
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0760

Renewal of Permit

(1) Weathervane Scallop Permits may be renewed the following year by submitting to the Department a $125.00 fee (plus a $2.00 license agent fee) for resident applicants and a $290.00 fee (plus a $2.00 license agent fee) for non-resident applicants and a complete application date-stamped or postmarked by December 31 of the year the permit is sought for renewal.

(2) An application for renewal of a Weathervane Scallop Permit shall be considered complete if it is legible, has all information requested in the form, and is accompanied by the required fee in full. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by December 31 of the permit year sought, the individual shall not be considered to have applied for renewal in a timely manner.

(3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application may not be grounds for treating the application as having been filed in a timely and complete manner.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.849
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0765

Lottery for Limited Entry Weathervane Scallop Permits

(1) If the number of Weathervane Scallop Permits issued in accordance with ORS 508.849 falls below 25, the Department in the next succeeding calendar year may issue Weathervane Scallop Permits by a lottery system pursuant to ORS 508.861. However, the total number of Weathervane Scallop Permits issued shall not exceed 25.

(2) Each applicant for a permit lottery shall complete the application form prescribed by the Department.

(3) Application for vessel permits shall only be accepted for vessels, which, in the judgment of the Department, are capable of operating the gear necessary to legally participate in the fishery. Vessels of a size or design incapable of harvesting the permitted species are not eligible for the lottery.

(4) Only one application per vessel may be submitted for each permit fishery lottery.

(5) Any application which is not legible, has incomplete information, or is postmarked after the deadline shall not be entered in the lottery. Applications for all permits will be accepted at the Salem headquarters office of the Department, and shall be postmarked or date stamped no later than March 31 of the year for which the permit is issued.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.861
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0770

Transferability of Permits

Any transfer of a Weathervane Scallop Permit away from a vessel without the written consent of each person holding a security interest in such vessel is void. Weathervane Scallop Permit holders may transfer a permit pursuant to ORS 508.864.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.864
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0775

Logbook Required

(1) The Department shall make available a logbook to each licensed commercial fishing vessel which holds a valid Weathervane Scallop Permit.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0780

Closed Season

There is no closed season on weathervane scallops taken for commercial purposes.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0505, Renumbered from 635-036-0260; Renumbered from 635-005-0170, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0785

Fishing Gear

It is unlawful to take weathervane scallops for commercial purposes by any means other than trawl gear having 3-inch or larger mesh throughout.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0510, Renumbered from 635-036-0265; FWC 24-1981(Temp), f. & ef. 7-1-81; FWC 27-1981, f. & ef. 8-14-81; Renumbered from 635-005-0175, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0790

Fishery Defined

“Sea urchin fishery” means the commercial fisheries for red sea urchins (Strongylocentrotus franciscanus) and purple sea urchins (Strongylocentrotus purpuratus).

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0795

Requirement for Sea Urchin Permit

(1) It is unlawful to take, land or possess sea urchins for commercial purposes without first obtaining a Sea Urchin Permit issued pursuant to OAR 635-005-0800 through OAR 635-005-0830.

(2) It is unlawful for a wholesaler, canner, or buyer to buy or receive sea urchins taken in the sea urchin fishery from a person for which the permit required by section (1) of this rule has not been issued.

(3) A Sea Urchin Permit required by section (1) of this rule is in addition to and not in lieu of the commercial fishing and boat license required by ORS 508.235 and 508.260.

(4) No individual may hold more than one Sea Urchin Permit at any one time.

(5) Unless otherwise provided, Sea Urchin Permits must be purchased by December 31 of the year the permit is sought for renewal.

(6) Applications for Sea Urchin Permits shall be in such form and contain such information as the Department may prescribe.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129, 506.306 & 508.760
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0800

Permit Fee

(1) The annual fee for a Sea Urchin Permit is $100.00 (plus a $2.00 license agent fee) for resident applicants and $290.00 (plus a $2.00 license agent fee) for non-resident applicants. See ORS 508.760.

(2) A fee of $100.00 shall be charged for each transfer of participation rights under OAR 635-005-0830. See ORS 508.760.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.760
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0805

Eligibility Requirements for a Permit

(1) An individual licensed as a commercial fisher under ORS 508.235 is eligible to obtain a Sea Urchin Permit required by OAR 635-005-0795:

(a) By renewal of the previous year’s permit; or

(b) Through the lottery if a lottery is held in accordance with OAR 635-005-0825.

(2) In making determinations regarding issuance or renewal of any limited entry permit, the Department and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements Department records and such receipts, accounts, contracts and other business records of private parties as the Department or the Board considers reliable evidence of the qualifications or requirements in question.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.760
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0810

Revocation and Refusal to Issue Permits

The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a Sea Urchin Permit pursuant to ORS 508.485 and 508.490.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.760
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0815

Review of Denials

(1) An individual whose application for issuance, renewal or transfer of a sea urchin established pursuant to OAR 635-005-0795, 635-005-0820 and 635-005-0830 is denied may make written request to the Board for review of the denial. The procedure for requesting review and the applicable standard of review of denial for a Sea Urchin Permit shall be as pursuant to ORS 508.760. For the sea urchin fishery, the Board may waive requirements for renewal of permits if the Board finds that strict adherence to these requirements were not met as a result of undue hardship as defined in OAR 635-005-0240.

(2) The Board may delegate to the Department its authority to waive requirements for renewal of permits in all fisheries in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(3) For those fisheries requiring a $125.00 application fee for Board review, the fee is non-refundable. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee.

(4) Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to ORS 183.550.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.762
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0820

Renewal of Permit

(1) Sea Urchin Permits may be renewed the following year:

(a) By submitting to the Department a $100.00 fee (plus a $2.00 license agent fee) for resident applicants and a $290.00 fee (plus a $2.00 license agent fee) for non-resident applicants and a complete application date-stamped or postmarked by January 31 of the year for which renewal is sought; and

(b) The permittee shall have annually lawfully landed 5,000 pounds of sea urchins in Oregon. If a permittee obtained a permit later than January of the prior year (because the permit was obtained through the lottery, or as a result of the Commercial Fishery Permit Board actions or surrender of a permit by a permit holder), the permittee shall not be required to make the 5,000 pound landing requirement by the following January. Instead, at the next renewal thereafter, the permittee shall be required to demonstrate that the 5,000 pound landing requirement was fulfilled during the first full year (twelve-month period) in which the permit was held.

(2) An application for renewal of a Sea Urchin Permit shall be considered complete if it is legible, has all information requested in the form, and is accompanied by the required fee in full. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by January 31 of the permit year sought, the individual shall not be considered to have applied for renewal in a timely manner.

(3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application shall not be grounds for treating the application as having been filed in a timely and complete manner.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.762
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0825

Lottery for Limited Entry Sea Urchin Permits

(1) If the total number of Sea Urchin Permits which have been renewed, and for which an appeal is pending with the Commercial Fishery Permit Board and awarded through a prior lottery, is less than 30, a lottery shall be held on the 4th Friday in April. However, as a result of any such lottery, the total number of permits issued shall not exceed 30.

(2) An individual must be 18 years of age or older and furnish proof of age to be eligible for the lottery.

(3) An individual shall not already hold a valid Sea Urchin Permit, however, an individual whose permit is at issue in a pending Sea Urchin Permit Board proceeding or before a court of law may participate in the lottery.

(4) If a permittee whose permit is at issue either before the Sea Urchin Permit Board or a court of law is awarded another permit through the lottery and thereafter prevails before the Board or in court, the permittee shall immediately surrender one of the Sea Urchin Permits to any Department office, so that only one valid permit is held.

(5) An individual who qualifies to participate in the lottery shall send a complete lottery application to the Department, date-stamped or postmarked no later than April 15 of the year for which the permit is to be issued. An individual shall not submit more than one application to participate in the lottery. For successful applicants, the application fee shall apply toward the permit fee of $100.00 (plus a $2.00 license agent fee) for resident applicants and $290.00 fee (plus a $2.00 license agent fee) for nonresident applicants.

(6) The names of lottery applicants shall be drawn to obtain the available permits. All other names of lottery applicants shall be drawn and placed on an alternate list in the order in which they were drawn, and shall be issued permits during the next 24 months as they may become available through Permit Board actions or surrender of permits by a permit holder.

(7) An individual whose name is drawn in the lottery shall thereafter apply on the prescribed form, to the Department to obtain a permit. Such application must be received by the Department within 30 days of the date the notification was mailed to the successful applicant following the lottery.

(8) Any individual who fails to apply for the lottery permit within 30 days shall forfeit such permit. The permit shall then be made available to the first name on the alternate list, and shall be applied for in accordance with section (7) of this rule.

(9) If all permits are not issued by renewal or through the lottery, permits thereafter may be issued on a first come first served basis up to the total number of permits allowed. All applications shall be mailed to the Department and priority shall be based on postmark or date-stamped date.

(10) The Commission may suspend the lottery for up to two years based upon its assessment of the condition of the resource and recommendations of the Sea Urchin Permit Review Board.

(11) Each applicant for a permit lottery shall complete the application form prescribed by the Department.

(12) Only one application per vessel may be submitted for each permit fishery lottery.

(13) Any application which is not legible, has incomplete information, or is postmarked after the deadline shall not be entered in the lottery. Applications for all permits will be accepted at the Salem headquarters office of the Department, and shall be postmarked or date stamped no later than March 31 of the year for which the permit is issued.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.762
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0830

Transferability of Permits

(1) Any transfer of a Sea Urchin Permit without the written consent of each person holding a security interest in such vessel is void. The following rules apply to transfer of Sea Urchin Permits:

(2) The Department shall approve the transfer of any permit to any purchaser of the permit, provided that not more than one sale or transfer of the permit occurs within that calendar year;

(3) No Sea Urchin Permit issued to an individual through the lottery after 1998 may be transferred to another individual until a cumulative total of 20,000 pounds of sea urchins have been landed on commercial fish receiving tickets by the individual issued the permit through the lottery.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 508.762
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0835

Logbook Required

(1) The Department shall make available a logbook to each licensed commercial fisher who holds a valid Sea Urchin Permit.

(2) Each permit holder is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the permit holder shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the permit holder shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0840

Closed Seasons and Areas

It is unlawful for commercial purposes to take, land or possess sea urchins:

(1) Which have been taken in water depths shallower than ten feet below mean lower low water.

(2) Within the following areas:

(a) From Orford Reef, described as the area encompassed by parallels of Latitude 42°46’N and 42°49’N from May 1 through October 31;

(b) Within 1,000 feet of Pyramid Rock on Rogue Reef described by the area encompassed by parallels of Latitude 42°26.4’N and 42°26.9’N and by meridians of Longitude 124°28.4’W and 124°27.8’W, or within the rectangle marked by corner buoys from May 1 through August 31; or

(c) The Special Regulation Marine Areas described in OAR 635-005-0260.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FWC 85-1987, f. 10-6-87, ef. 1-1-88; FWC 117-1989, f. 11-22-89, cert. ef. 12-1-89; FWC 50-1990, f. 6-15-90, cert. ef. 6-18-90; FWC 118-1990, f. 10-24-90, cert. ef. 10-22-90; FWC 12-1991, f. & cert. ef. 2-20-91; FWC 26-1992, f. 4-21-92, cert. ef. 4-22-92; FWC 96-1994, f. 12-28-94, cert. ef. 1-1-95; DFW 142-2008, f. & cert. ef. 11-21-08; Renumbered from 635-005-0180, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0845

Prohibitions

(1) It is unlawful for commercial purposes to take, land or possess sea urchins:

(a) Where more than two divers were in the water off any one vessel at the same time;

(b) Where more than two persons without permits, excluding persons authorized by the Department for the performance of official duties, were on board any vessel while harvesting, possessing, or transporting sea urchins;

(c) Unless the vessel displays the vessel’s federal document or Marine Board numbers on a weather deck so as to be visible from above. The number shall contrast with the background and be in block Arabic numerals at least 18 inches high for vessels over 65 feet in length and at least ten inches high for vessels 65 feet or less. The operator of the vessel shall keep the identifying markings clearly legible and in good repair, and shall ensure that no part of the vessel, its rigging, or its fishing gear obstructs the view of the vessel number from an enforcement vessel or aircraft.

(2) For each trip, any permit holder shall clearly identify and keep separate until processed all sea urchins taken by that permit holder.

(3) Notwithstanding any other provision in these regulations, no person other than the holder of a current Sea Urchin Permit issued by the Department is allowed to dive in the water to take sea urchins or to otherwise assist, while submerged, in the harvest of sea urchins.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0850

Size and Catch Limits

Size and catch limits in the sea urchin fishery are as follows:

(1) It is unlawful to take, land or possess for commercial purposes, more than 50 sea urchins (purple and red combined) per permit holder, per day, per trip between two and three and one-half inches in diameter (shell diameter — not including spines), except as provided in section (2) of this rule for purple sea urchins. There is no limit on the number of red sea urchins less than two inches or greater than three and one-half inches in shell diameter.

(2) A holder of a current sea urchin permit may take more than 50 purple sea urchins between two inches and three and one-half inches in diameter, provided the permit holder obtains a Special Commercial Purple Sea Urchin Permit available at the Charleston ODFW Field Office. The Department may attach terms and conditions to any special commercial permit including, but not limited to, on-board observers, area or time limits, and preharvest dive surveys of urchin beds.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 506.129 & 508.760
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0855

Fishery Defined

“Crayfish fishery” means the commercial fishing for crayfish species (Pacifastacus sp) in waters of this state.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0860

Closed Season

It is unlawful to take crayfish for commercial purposes from November 1 of any year through March 31 of the following year.

Stat. Auth.: Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0365, Renumbered from 635-036-0225; FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88; Renumbered from 635-005-0070, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0865

Fishing Gear

It is unlawful to take crayfish for commercial purposes by any means other than crayfish pots or ring nets.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0370, Renumbered from 635-036-0230; FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88; Renumbered from 635-005-0075, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0870

Size Limit

It is unlawful to take for commercial purposes crayfish which are less than 3-5/8 inches long. Crayfish will be measured from the tip of the bony spike extending between and beyond the eyes (acumen) to the distal edge of the last bony plate in the tail (telson). Any undersized crayfish taken must be immediately returned unharmed to the water.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0375, Renumbered from 635-036-0235; FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88; Renumbered from 635-005-0080, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0875

Protection of Females

Any crayfish taken with eggs attached must be returned immediately unharmed to the water. Possession of crayfish with eggs attached is prohibited.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88; Renumbered from 635-005-0082, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0880

Identification of Gear

All vessels, traps, buoys, liveboxes, holding pens, boxes, bags, or other containers used to take, hold, or transport crayfish must be labeled with an identification number issued by the Department.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88; DFW 142-2008, f. & cert. ef. 11-21-08; Renumbered from 635-005-0084, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0885

Closed Area

It is unlawful to take, land or possess crayfish for commercial purposes from Malheur Reservoir (Malheur County), South Twin Lake (Deschutes County), and the Williamson River (Klamath County).

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FWC 33-1984, f. 7-25-84, ef. 8-1-84; FWC 9-1986, f. 3-26-86, ef. 3-30-86; FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88; FWC 102-1989, f. 9-29-89, cert. ef. 10-1-89; Renumbered from 635-005-0085, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0890

Fishery Defined

“Oyster fishery” means the commercial cultivation of oysters (Crassostrea spp.) in waters of this state.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0895

Additional License Requirement

It is unlawful to take, distribute or process oysters, clams, mussels and scallops intended for human consumption without first obtaining a Shellfish Sanitation Certificate issued pursuant to OAR 635-005-0255.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0900

Oyster Import Applications and Permit

(1) It is unlawful for any person to import oysters into this state for the purpose of planting or to plant the same in the waters of this state without first having obtained a permit to do so from the Director.

(2) Such application shall be in the form of a letter and shall include the following information: maximum quantity to be imported, name of exporter, the approximate time the shipment will be made, and the name of the person or agency that will inspect the seed including a notarized certification from such person or agency at the time the oysters are inspected, declaring them to the best of his knowledge free from disease, infestation pests, and other substances which might endanger shellfish in the waters of this state.

(3) The Director shall issue a permit to import oysters for planting in the waters of this state when it has been established to his satisfaction that a qualified person or agency will inspect the oysters and certify them as being free of disease, infestation pests, and other substances which might endanger shellfish in the waters of this state.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 140, f. 3-4-66; FWC 30-1985, f. 6-27-85, ef. 7-1-85, Renumbered from 625-010-0285, Renumbered from 635-036-0175; DFW 142-2008, f. & cert. ef. 11-21-08; Renumbered from 635-005-0140, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0905

Prohibited Activities in Restricted Shellfish Areas

(1) All waters, tidelands, and oyster handling facilities operated in conjunction with said water and tidelands are defined as a restricted shellfish area.

(2) It is unlawful for any person to move or transfer from a restricted shellfish area any oysters, any marine organisms or other material whatsoever adversely affecting oysters, without first obtaining written permission from the Director.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 140, f. 3-4-66, Renumbered from 625-010-0290, Renumbered from 635-036-0180; FWC 30-1985, f. 6-27-85, ef. 7-1-85; DFW 142-2008, f. & cert. ef. 11-21-08; Renumbered from 635-005-0145, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0910

Oyster Seasons and Gear

It is unlawful to take oysters for either personal use or commercial purposes from natural oyster beds located on unoccupied state lands.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 143, f. 3-4-66, Renumbered from 625-010-0295, Renumbered from 635-036-0185; FWC 28-1982, f. & ef. 5-13-82; ; Renumbered from 635-005-0150, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0915

Fishery Defined

“Squid fishery” means the commercial fisheries for squid species in the orders Myopsida, Oegopsida and Sepioidea, including, but not limited to: market squid (Loligo opalescens); Humboldt squid (Dosidicus gigas); magister armhook squid (Berryteuthis magister); boreopacific armhook squid (Gonatopsis borealis); robust clubhook squid (Moroteuthis robusta) and boreal clubhook squid (Onychoteuthis borealijaponicus) in the Pacific Ocean.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0920

Market Squid Fishery

Market squid (Loligo opalescens) are federally managed by the Coastal Pelagic Species Fishery Management Plan, and are subject to all federal regulations adopted by reference in OAR 635-004-0375.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0925

Market Squid Harvest Guideline

Prior to reaching a harvest of 4.5 million pounds of squid, with not more than 3 million pounds taken north or south of Heceta Head, the Commission will hold a public hearing to evaluate the fishery.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0930

Logbook Required

(1) The Department shall make available a logbook to each licensed commercial fishing vessel from which any species of squid are taken, regardless of gear.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request from an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0935

Fishery Defined

“Octopus fishery” means the commercial fisheries for octopus species in the order Octopoda, including, but not limited to the Pacific giant octopus (Enteroctopus dofleini) and East Pacific red octopus (Octopus rubescens) in the Pacific Ocean.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12

635-005-0940

Logbook Required

(1) The Department shall make available a logbook to each licensed commercial fishing vessel from which any species of octopus are taken, regardless of gear.

(2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein.

(3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook.

(4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook.

(5) Information so received by the Department shall be considered confidential.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12


 

Rule Caption: Oregon Commercial Fishing Regulations, Division 635-006 Restructure and Reorganization.

Adm. Order No.: DFW 77-2012

Filed with Sec. of State: 6-28-2012

Certified to be Effective: 7-1-12

Notice Publication Date: 5-1-2012

Rules Adopted: 635-006-0209

Rules Amended: 635-006-0001, 635-006-0010, 635-006-0134, 635-006-0135, 635-006-0140, 635-006-0150, 635-006-0160, 635-006-0165, 635-006-0205, 635-006-0207, 635-006-0210, 635-006-0211, 635-006-0212, 635-006-0213, 635-006-0215, 635-006-0225, 635-006-0235, 635-006-0405, 635-006-0425, 635-006-1005, 635-006-1015, 635-006-1025, 635-006-1035, 635-006-1060, 635-006-1065, 635-006-1075, 635-006-1085, 635-006-1095, 635-006-1200, 635-006-1210

Rules Repealed: 635-006-0133, 635-006-0800, 635-006-0810, 635-006-0820, 635-006-0830, 635-006-0840, 635-006-0850, 635-006-0870, 635-006-0880, 635-006-0890, 635-006-0900, 635-006-0910, 635-006-0915, 635-006-0930, 635-006-0940, 635-006-0950, 635-006-1010, 635-006-1110

Subject: This is part 3 (of 3) of an effort to restructure and reorganization Oregon’s regulations governing commercial fisheries, comprising of new rules and amendments to and renumbering of existing rules. Modifications increase the clarity, consistency, and ease of use without changing the intent or practical effect of the regulations. Housekeeping and technical corrections to the regulations were performed to ensure consistency.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-006-0001

Definitions

As used in division 6 regulations:

(1) “Board” means the Commercial Fishery Permit Board.

(2) “Boat” means any vessel, any floating craft, powered, towed, rowed or otherwise propelled which is used for landing or taking food fish, as specified in ORS 506.006.

(3) “Buy” includes offer to buy, barter, exchange or trade.

(4) “Commercial fishing license” means the commercial fishing licenses required by ORS 508.235 and, for purposes of the Limited Fish Seller Permit, includes an Albacore Tuna Landing License.

(5) “Commercial purposes” means taking food fish with any gear unlawful for angling, or taking or possessing food fish in excess of the limits permitted for personal use, or taking, fishing for, handling, processing, or otherwise disposing of or dealing in food fish with the intent of disposing of such food fish or parts thereof for profit, or by sale, barter or trade, in commercial channels, as specified in ORS 506.006.

(6) “Commission” means the State Fish and Wildlife Commission created by ORS 496.090.

(7) “Department” means the State Department of Fish and Wildlife, as specified in ORS 506.006.

(8) “Director” means the Director of the Oregon Department of Fish and Wildlife appointed pursuant to ORS 496.112.

(9) “Fair market value” shall be based on the market price of food fish or shellfish at the same time and place that the fish are landed, or the price established in OAR 635-006-0232 when the market price cannot be determined. For species not listed in 635-006-0232, fair market value shall be based on the average price per pound paid to law enforcement officials for any fish or shellfish confiscated from persons landing legal overages, or the average ex-vessel price per pound paid for that species in that port during the month in which the overage occurred, whichever is greater. Unless otherwise noted, the fair market value is the price per pound and is based on round weight.

(10) “Fish buyer” means an individual employed by a wholesale fish dealer or food fish canner to purchase or receive food fish or shellfish from commercial fishers at locations other than the licensed premises of the wholesale fish dealer or food fish canner.

(11) “Fish-buying station” means a location other than the licensed premises of a wholesale fish dealer or food fish canner at which such wholesale fish dealer or food fish canner purchases or receives food fish or shellfish from commercial fishers.

(12) “Fishing” means catching, taking or harvesting food fish that results in or can be reasonably expected to result in the sale, barter, trade or other disposition of fish for other than personal use or consumption.

(13) “Fishing gear” means, as specified in ORS 506.006, any appliance or device intended for or capable of being used to take food fish for commercial purposes, and includes:

(a) “Fixed gear” means longline, trap or pot, setnet, and stationary hook-and-line gears;

(b) “Gillnet” has the meaning as set forth in OAR 635-042-0010;

(c) “Hook-and-line” means one or more hooks attached to one or more lines;

(d) “Lampara net” means a surrounding net with the sections of netting made and joined to create bagging. It is hauled with purse rings and is generally much smaller in size than a purse seine net;

(e) “Longline” means a stationary buoyed, and anchored groundline with hooks attached;

(f) “Mesh size” means the opening between opposing knots. Minimum mesh size means the smallest distance allowed between the inside of one knot to the inside of the opposing knot regardless of twine size;

(g) “Pot or trap” means a portable, enclosed device with one or more gates or entrances and one or more lines attached to surface floats;

(h) “Purse seine” means an encircling net that may be closed by a purse line threaded through the bottom of the net. Purse seine gear includes ring net, drum purse seine, and lampara nets;

(i) “Seine” means any non-fixed net other than a trawl or gillnet;

(j) “Setline” means a bottom longline used in rivers and estuaries for targeting white sturgeon;

(k) “Set net” means a stationary, buoyed and anchored gillnet or trammel net which takes fish commonly by gilling and is not free to move or drift with the current or tide;

(l) “Spear” means a sharp, pointed, or barbed instrument on a shaft;

(m) “Trammel net” means a gillnet made with two or more walls joined to a common float line;

(n) “Trawl gear” means a cone or funnel-shaped net which is towed or drawn through the water by one or two vessels;

(o) “Troll” means fishing gear that consists of 1 or more lines that drag hooks with bait or lures behind a moving fishing vessel, and which lines are affixed to the vessel and are not disengaged from the vessel at any time during the fishing operation;

(p) “Vertical hook and line” means a line attached to the vessel or to a surface buoy vertically suspended to the bottom by a weight or anchor, with hooks attached between its surface and bottom end.

(14) “Fishing trip” means a period of time between landings when fishing is conducted.

(15) “Food Fish” means any animal over which the State Fish and Wildlife Commission has jurisdiction, as specified in ORS 506.036.

(16) “Food fish canner” means a wholesale fish dealer who cans food fish including shellfish in hermetically sealed containers whereby no further preservation, artificial or otherwise, is required.

(17) “Groundfish” means all species of ocean food fish defined as groundfish in the Pacific Coast Groundfish Fishery Management Plan and in the Federal Groundfish Regulations, Title 50, Part 660.

(18) “Harvester” means any person legally authorized to take food fish for commercial purposes.

(19) “Import” means to transport into Oregon from outside the State of Oregon.

(20) “Inland waters” means all waters of the state except the Pacific Ocean.

(21) “Land” or “landing” means to begin transfer of fish from a harvester to a buyer. Once transfer begins, all fish aboard the vessel or from the harvest area are counted as part of the landing, except anchovies being held live on a vessel for the purpose of using for bait in that vessel’s commercial fishing operation.

(22) “Landing fees” means all fees due to the Department based on the pounds of fish or value of fish landed.

(23) “Length” or “Length Overall” of a vessel means the manufacturer’s specification of overall length, United States Coast Guard or Marine Board registered length documentation stating overall length or overall length as surveyed by a certified marine surveyor. In determining overall length, marine surveyors shall measure in a straight line parallel to the keel from the foremost part of the vessel to the aftermost part, excluding sheer and excluding bow sprits, boomkins, rudders aft of the transom, outboard motor brackets, or transom extensions as in a dive step or platform.

(24) “Limited fish seller” means any person who holds a valid Oregon commercial fishing license and who has obtained an annual Limited Fish Seller Permit which enables the fisher to sell any species of food fish, taken in lawful activity directly from his or her boat, as specified in ORS 508.550.

(25) “Limited fish seller — non-treaty Columbia River Gillnet Salmon Vessel Permit fishery” means a person who holds a valid Oregon commercial fishing license, a Columbia River Gillnet Salmon Vessel Permit, and who has obtained an annual limited fish seller permit which enables the fisher to sell any species of food fish, taken in lawful activity directly from his or her boat or at locations away from the boat.

(26) “Non-reporting fish dealer” means a wholesale fish dealer or fish bait dealer who buys food fish exclusively from other wholesale fish dealers or bait dealers.

(27) “Overage” means any landing or portion of a landing that exceeds groundfish trip limits. Groundfish trip limits are approved by Pacific Fisheries Management Council and implemented by the National Marine Fisheries Service.

(28) “Owner” means any ownership interest in a vessel, including interests arising from partnerships, corporations, limited liability corporations, or limited liability partnerships. Owner does not include a leasehold interest.

(29) “Pacific Ocean” means all water seaward of the end of the jetty or jetties of any river, bay, or tidal area, except in the Columbia River the Pacific Ocean has the definition specified in OAR 635-003-0005, or all water seaward of the extension of the shoreline high watermark across the river, bay, or tidal area where no jetties exist.

(30) “Possession” means holding any food fish, shellfish or parts thereof in a person’s custody or control.

(31) “Process or Processing” means fresh packaging requiring freezing of food fish, or any part thereof, or any type of smoking, reducing, loining, steaking, pickling or filleting. Cooking crab is not considered processing.

(32) “Processor” means a person who buys fresh food fish from a licensed commercial fisher or a wholesale fish dealer and processes food fish for sale through retail outlets or for sale to the ultimate consumer.

(33) “Purchase” means to obtain by paying money or its equivalent, trade, or barter.

(34) “Receive” or “Receiving” means to take or come into possession of.

(35) “Replacement vessel” means a vessel purchased to replace a permitted vessel which had been lost due to fire, capsizing, sinking or other event.

(36) “Resident” means an actual bona fide resident of this state for at least one year immediately prior to application.

(37) “Retail fish bait dealer” means a person who buys fresh food fish or shellfish from a wholesale fish dealer or wholesale fish bait dealer, and sells to the ultimate consumer for use as bait.

(38) “Retail fish dealer” means a person who buys fresh food fish or shellfish from wholesale fish dealers, undertakes limited processing activity (limited to loining of tuna, filleting, smoking, steaking, or pickling food fish or shellfish), and sells only to the ultimate consumer.

(39) “Retain” means to keep in possession or use.

(40) “Security interest” means an interest in a vessel or permit granted by the owner of the vessel or permit to a third party under a security agreement, pursuant to ORS chapter 79, another state’s laws enacted to implement Article 9 of the Uniform Commercial Code or equivalent federal statutory provisions for federally documented vessels.

(41) “Sell” includes to offer or possess for sale, barter, exchange or trade.

(42) “Shellfish canner” means a wholesale fish dealer who cans only shellfish in hermetically sealed containers whereby no further preservation, artificial or otherwise, is required.

(43) “Take” means fish for, hunt, pursue, catch, capture or kill or attempt to fish for, hunt, pursue, catch, capture or kill.

(44) “Take home” means food fish that are sold commercially to a licensed wholesale fish dealer, reported on a fish receiving ticket and then purchased back for the purpose of private use by the harvester.

(45) “Transport” means, for the purposes of OAR 635-006-0165, to move the food fish after landing.

(46) “Trip limit” means the total amount of fish that may be taken and retained, possessed, or landed per vessel from a single fishing trip or cumulatively per unit of time. A vessel which has landed its cumulative or daily limit may continue to fish on the limit for the next legal period as long as the fish are not landed until the next period. Trip limits may be:

(a) “Bi-monthly cumulative trip limit” means the maximum amount of fish that may be taken and retained, possessed or landed per vessel in specified bi-monthly periods. There is no limit on the number of landings or trips in each period, and periods apply to calendar months. The specified periods are as follows:

(A) Period 1: January through February;

(B) Period 2: March through April;

(C) Period 3: May through June;

(D) Period 4: July through August;

(E) Period 5: September through October; and

(F) Period 6: November through December.

(b) “Daily trip limit” means the maximum amount of fish that may be taken and retained, possessed or landed per vessel in 24 consecutive hours, starting at 00:01 hours local time. Only one landing of groundfish may be made in that 24-hour period;

(c) “Monthly trip limit” means the maximum amount of fish that may be taken and retained, possessed or landed per vessel during the first day through the last day of any calendar month.

(d) “Weekly trip limit” means the maximum amount of fish that may be taken and retained, possessed or landed per vessel in 7 consecutive days, starting at 00:01 hours local time on Sunday and ending at 24:00 hours local time on Saturday. Weekly trip limits may not be accumulated during multiple week trips. If a calendar week falls within two different months or two different cumulative limit periods, a vessel is not entitled to two separate weekly limits during that week.

(47) “Ultimate consumer” means the party that utilizes the product as food, including restaurants.

(48) “Value” means the monetary value of the food fish, or parts thereof, including eggs and other by-products, at the point of landing as usually determined by the first exchange between the harvester and the first purchaser. In addition:

(a) Value is typically the amount of money which the first purchaser pays at the time and place that the fish are off-loaded from a vessel, or brought to shore if there is no vessel involved in harvesting, before any reductions or deductions in the amount of money as a result of the dealer furnishing ice, fuel, food or other commodities; and

(b) Value includes bonuses and other payments based directly on the quantity or quality of food fish exchanged, regardless of the time of payment of such bonuses or other payments; and

(c) Value includes any payments based on the proportion or percentage of processed products recovered from the food fish landed in the round or other form; and

(d) Value for food fish not sold by the harvester is the value received for comparable fish sold to a wholesale fish dealer at the same time and place that the fish are landed; and

(e) Value for food fish purchased from a harvester, by the harvester when acting as a wholesale fish dealer, is the price that is or would be paid to any other harvester for the same fish; and

(f) Value for food fish sold by a limited fish seller is the retail price received by the harvester from the first purchaser; and

(g) Value for food fish imported from out of state but not previously taxed out of state is the price paid for the fish by the first Oregon purchaser.

(49) “Vessel operator” means the person onboard a fishing vessel who is responsible for leading a fishing vessel in fishing or transit operations, and who signs the corresponding fish ticket from that fishing trip. A vessel operator may be a vessel or permit owner or both, individual hired to operate a vessel, or lessee of a vessel, permit or both. Although more than one person may physically operate a vessel during a fishing trip or transit, there may only be one person identified as a vessel operator (commonly referred to as a captain or skipper) on a fishing vessel during any one fishing trip or transit.

(50) “Waters of this state” means all waters over which the State of Oregon has jurisdiction, or joint or other jurisdiction with any other state or government, including waters of the Pacific Ocean and all bays, inlets, lakes, rivers and streams within or forming the boundaries of this state.

(51) “Weighbacks” means fish or shellfish with no commercial value.

(52) “Wholesale fish bait dealer” means a person who buys food fish or shellfish, or parts thereof, from a licensed commercial fisher, licensed commercial bait fisher, or licensed angler, and sells or uses such food fish or shellfish for bait, scientific or educational purposes, or live public display.

(53) “Wholesale fish dealer” means a person who:

(a) Buys food fish or shellfish from a commercial fisher; or

(b) Processes food fish or shellfish or any part thereof; or

(c) Sells food fish or shellfish to retail dealers or other wholesale fish dealers.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 506.129 & 513.020
Stats. Implemented: ORS 506.109, 506.129, 508.025, 508.040 & 508.550
Hist.: FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; DFW 38-1999, f. & cert. ef. 5-24-99; DFW 63-2003, f. & cert. ef. 7-17-03; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 91-2009, f. & cert. ef. 8-10-09; DFW 145-2009, f. 12-9-09, cert. ef. 1-1-10; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0010

Possession of Unlawful Fishing Gear Prohibited

It is unlawful to have on board any commercial fishing boat while fishing or landing food fish, taken for commercial purposes, any fishing gear which is not authorized by statute or Department of Fish and Wildlife regulation for use in any commercial fishing or which does not conform to the specifications established for such fishing gear.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: FC 136, f. 12-20-65, ef. 1-1-66, Renumbered from 625-020-0005; Renumbered from 635-036-0355, 1979; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0134

Bonding Requirements

In accordance with ORS 508.415 and 508.550, the minimum bond amount is $25.00 for wholesale bait dealers; $1,000.00 for wholesale fish dealers, fish canners, and shellfish canners; and $200.00 for limited fish sellers. Bond amounts are determined by a total of the landing fees due for the three highest sales months of the previous year, and may be changed at the discretion of the Department. No bond is required of non-reporting fish dealers.

Stat. Auth.: ORS 506.109, 506.119, 506.129 & ORS 802
Stats. Implemented: ORS 506.109, 506.119, 506.129 & 802
Hist.: FWC 1-1986, f. & ef. 1-10-86; FWC 99-1987, f. & ef. 11-17-87; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0135

Alteration, Borrow, or Loan License Unlawful

It is unlawful for any person to alter, borrow, or loan any license issued by the Director.

Stat. Auth.: ORS 508.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.119, 506.129 & 506.306
Hist.: FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-040-0055, Renumbered from 635-036-0535; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0140

Boat License

(1) A boat license is issued in accordance with ORS 508.035 and 508.260 of the commercial fishing laws and is required for the owner or operator of any boat used in taking food fish or shellfish for commercial purposes, except for the taking of clams or crayfish.

(2) A pair of decals bearing the last two numbers of the year for which the license is issued is included with the license for placement on the licensed boat. The license year decals shall be affixed to the licensed boat in a conspicuous place on each side of the boat on the superstructure as near midship as practicable.

(3) In accordance with subsection (3) of ORS 508.260, the assigned identification number of each licensed commercial fishing boat shall be as follows:

(a) The federal document number (all vessels five registered net tons and over);

(b) The state vessel registration number (all vessels not having a federal document number).

(4) Licensed commercial fishing boats which are federally documented shall have the document identification number displayed on each side of the boat adjacent to the current year license decal in not less than 3-inch high block numbers either placed on the boat or on an identification plate attached to the boat.

(5) Licensed commercial fishing boats which are state registered shall have their identification number displayed on each side of the bow as required by the appropriate laws or rules for displaying such number.

(6) Except as authorized by OAR 635-006-0132 or for fishers having a current Oregon Wholesale Fish Dealer license and Fish Buyer license, it is unlawful to transfer or sell commercially caught food fish, shellfish, or parts thereof, from a commercial fishing vessel to other than an Oregon Wholesale Fish Dealer or Fish Bait Dealer.

(7) As a license condition, owners or operators of commercial fishing vessels must cooperate with Department or Federal fishery observers, or observers collecting data for the Department or Federal agency, when asked, by the Department, to carry and accommodate an observer on fishing trips at no charge to the sponsoring agency.

(a) If observer coverage of a trip is denied by the owner or operator of a vessel, the Department shall require an explanation in writing from the owner or operator. This explanation shall be received by the Department within 15 days of written request by the Department for an explanation.

(b) The Department may request that the Commission revoke fishing permits or licenses for failure to cooperate in the observer program, after first allowing the owner or operator to meet with the Manager of the Marine Resources Program, or their representative, to provide an explanation for the denial.

(c) The Department shall not require the vessel operator or owner to provide an observer with meals or a subsistence allowance on observed fishing trips, but the vessel operator shall accommodate the observer with regard to reasonable eating and working conditions and access to pertinent fishing information and fishery data while aboard the vessel.

(d) Failure to provide reasonable eating and working conditions or access to pertinent fishing information or fishery data to observers, or actions taken by a vessel owner or operator against an observer that is prohibited pursuant to subsection (e), on observed fishing trips may lead to revocation of the vessel’s fishing permits or licenses following the procedure outlined in subsection (b) above.

(e) To ensure that observer objectives may be reasonably and safely achieved, consistent with federal groundfish observer rules, it is unlawful for any person to:

(A) Forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with an observer;

(B) Interfere with or bias the sampling procedure employed by an observer, including physical, mechanical, or other sorting or discarding of any catch before sampling;

(C) Tamper with, destroy or discard an observer’s collected samples, equipment, or personal gear, without the express consent of the observer;

(D) Prohibit or bar by command, impediment, threat, coercion, or refusal of reasonable assistance, an observer collecting samples, making observations, or otherwise performing the observers duties;

(E) Harass an observer by conduct that has sexual connotations, has the purpose or effect of interfering with the observer’s work performance, or otherwise creates an intimidating, hostile or offensive environment; or

(F) Require, pressure, coerce, or threaten an observer to perform duties normally performed by crew members.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 506.129, 508.025 & 508.035
Stats. Implemented: ORS 506.109, 506.129, 506.306, 508.025, 508.035 and 508.260
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; FWC 26, f. 11-28-75, ef. 1-1-76, Renumbered from 625-040-0060, Renumbered from 635-036-0540; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; DFW 38-1999, f. & cert. ef. 5-24-99; DFW 97-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 128-2003, f. 12-15-03, cert. ef. 1-1-04; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0150

Single Delivery License

(1) The Single Delivery License is issued in accordance with ORS 508.035 for a one-time landing of food fish in a 12 month period, and is in lieu of the commercial fishing and boat license described in OAR 635-006-0140 and 635-006-0145. Where “commercial fishing license” is used in ORS 508.235 and “boat license” is used in 508.260, this license may be substituted.

(2) In the absence of a commercial fishing and boat license, it is unlawful to engage in the taking or landing of food fish in waters of this state without a single delivery license.

(3) No food fish shall be removed from a boat requiring a Single Delivery License until the fee for such license is received and such license has been issued by an authorized agent of the Department. The license shall be on board the boat and available for inspection by the Oregon State Police or a representative of the Department whenever food fish are being unloaded.

(4) Single delivery licenses shall be forfeited upon landing to the wholesale fish dealer, who shall attach the license document to the appropriate Fish Receiving Ticket. Vessels taking fish outside of state waters may substitute the license fee at the time of landing for the license document.

(5) Vessels operating under a Single Delivery License must comply with OAR 635-006-0140(7), when requested by the Department.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 506.129, 508.025, 508.035, 508.235 & 508.260
Stats. Implemented: ORS 506.109, 506.129, 506.306, 508.025, 508.035, 508.235 & 508.260
Hist.: FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-040-0085, Renumbered from 635-036-0550; FWC 81-1985, f. 12-16-85, ef. 1-1-86; DFW 128-2003, f. 12-15-03, cert. ef. 1-1-04; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0160

Bait Fishing License

(1) A bait fishing license may be is issued in accordance with ORS 508.312 of the commercial fishing laws and is required for any individual taking or assisting in the taking of food fish or shellfish for sale to a fish bait dealer or for use as bait in a commercial fishing operation. It is unlawful to take any food fish or shellfish under this license for human consumption purposes.

(2) For the purposes authorized under section (1), a bait fishing license serves in lieu of the commercial fishing and boat licenses required under ORS 508.235 and 508.260. This license is not required for individuals already possessing a valid commercial fishing license pursuant to 508.235, provided the vessel they are operating possesses a valid commercial boat license pursuant to 508.260.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.119, 506.129, 506.306 & 508.312
Hist.: FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-040-0095, Renumbered from 635-036-0560; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; DFW 91-2009, f. & cert. ef. 8-10-09; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0165

Commercial Fisher Transportation Report

(1) It is unlawful for any commercial fisher or any other person to transport food fish or shellfish in this state without first preparing and having in possession a written transportation report, invoice, or memorandum. The transportation report, invoice, or memorandum shall include the following:

(a) Date;

(b) Name and address of person from whom food fish or shellfish were received. If being transported by a commercial fisher or received from a commercial fisher, including his or her commercial fishing license number;

(c) Name and address of the Oregon licensed Wholesale Fish Dealer or Oregon licensed Fish Bait Dealer where the food fish or shellfish are being delivered;

(d) The number of each species of food fish or shellfish, their weight or estimated weight in pounds.

(2) Notwithstanding OAR 635-006-0210(2), the food fish or shellfish shall be transported within 48 hours to an Oregon licensed Wholesale Fish Dealer or Oregon licensed Fish Bait Dealer and reported on a Fish Receiving Ticket within 48 hours of arriving in port.

(3) The transportation report, invoice, or memorandum shall be prepared prior to any food fish or shellfish being removed from the boat of original taking or prior to transporting away from the point of initial landing. For clams, the report shall be prepared prior to leaving the beach or clam digging area. For food fish or shellfish transported into Oregon from another state, the report shall be prepared prior to entering the State of Oregon. A bill of lading or freight bill required for common carriers is acceptable in lieu of a transportation report.

(4) The transportation report, invoice, or memorandum shall be retained by the commercial fisher or person transporting the food fish including shellfish for a period of six months and is subject to inspection by the Director, the Director’s authorized agent, or by the Oregon State Police at any time during that period.

(5) This section does not apply to retail fish dealers, retail bait fish dealers, wholesale fish dealers, food fish canners, shellfish canners, and wholesale fish bait dealers when required to keep records in accordance with OAR 635-006-0205 and ORS 508.535.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129, 506.306, 508.535
Hist.: FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-040-0100, Renumbered from 635-036-0565; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; DFW 38-1999, f. & cert. ef. 5-24-99; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0205

Required Reports

(1) Every licensed wholesale fish dealer, wholesale fish bait dealer, food fish canner, and shellfish canner shall report all food fish or shellfish received from commercial fishers or commercial bait fishers authorized to land his or her catch in Oregon or received from a fish dealer from another state in which no tax or fee is levied and collected on the food fish or shellfish.

(2) As used in these regulations, any licensed wholesale fish dealer, fish buying station, fish buyer, bait dealer or canner whose licensed premises includes a receiving or docking facility for unloading the catch from a commercial fishing vessel shall be considered as the receiver and purchaser and shall have the responsibility for weighing the catch, reporting, and paying landing fees on such catch. The aforementioned premises shall only be licensed by one wholesale dealer, fish buying station, fish buyer, bait dealer or canner at one given time, except as provided in section (3) of this rule.

(3) Notwithstanding section (2) of this rule, upon receipt and approval by the Department of a Memorandum of Understanding in a form provided by the Department and signed by both parties, a licensed wholesale fish dealer or canner (identified as primary dealer) whose licensed premises includes a receiving or docking facility for unloading the catch from a commercial fishing vessel may act as an agent for another licensed wholesale fish dealer or canner (identified as secondary dealer).

(a) Through the Memorandum of Understanding the primary dealer agrees:

(A) To unload fish or shellfish products at their licensed receiving or buying dock from fishing vessels who are providing catch to the secondary dealer as per prior agreement and arrangement with the secondary dealer;

(B) To confirm that the landing is legal and the species are legal;

(C) To accurately report on Fish Receiving Tickets, assigned to the secondary dealer by the Department, all landing information in accordance with OAR 635-006-0210, with the exception of price;

(D) To obtain fisher signature on the Fish Receiving Ticket reporting such catch or if necessary, a dock ticket for Dungeness crab or net-caught groundfish in accordance with OAR 635-006-0211;

(E) To, upon transfer of the landed product from the primary dealer to the secondary dealer, provide the Fish Receiving Ticket record of the landing to the secondary dealer; and

(F) To retain a record of the required landing information of such catches.

(b) In addition through the Memorandum of Understanding, the secondary dealer agrees:

(A) To obtain the appropriate buyer’s license;

(B) To complete the Fish Receiving Ticket that reports the transferred product landed at the receiving or buying dock of the primary dealer, by adding the species ex-vessel price;

(C) To submit copies to the Department in accordance with OAR 635-006-0210(2); and

(D) To submit to the Department a monthly remittance report and accompanying landing fees in accordance with OAR 635-006-0215.

(c) The Department may withdraw its approval of any Memorandum of Understanding effective seven calendar days from postmark of written notice, based on the failure to abide by any of the terms of the Memorandum of Understanding or violation of any provision of this rule. If the Department withdraws its approval, then section (2) of this rule shall be applicable.

(4) Two basic reports required for reporting the commercial catch of food fish and shellfish and the payment of landing fees due on such catch are:

(a) The State of Oregon Fish Receiving Ticket; and

(b) The Fish Dealer Monthly Remittance Report. These reports shall be submitted on forms supplied or approved by the Department and completed in accordance with OAR 635-006-0210 and 635-006-0215.

(5) For pink shrimp unloaded at a receiving or docking facility of a wholesale fish dealer or shellfish canner, the following shall apply:

(a) All pink shrimp shall be weighed and the net weight (pounds of raw shrimp landed) recorded on a Fish Receiving Ticket before being removed from the receiving facility and prior to processing;

(b) Notwithstanding subsection (5)(a) of this rule, a minimum sampling method or equivalent method may be used to estimate the net weight provided such method is approved and authorized in writing by the Department;

(c) Those wholesale fish dealers or canners authorized to use the sampling procedure in subsection (5)(b) of this rule are subject to inspection for accuracy by the Department or by the Oregon State Police, at any time. Authorization for use of a sampling procedure may be withdrawn if, in the judgment of the Department, the procedure employed is likely to be inaccurate.

(6) All commercial fishers landing Dungeness crab must report the area of primary catch to the dealer at the time of landing. The dealer is responsible for recording this information on the Fish Receiving Ticket.

(7) For wholesale fish bait dealers landing less than 5,000 pounds daily of species defined in OAR 635-004-0220(3)(b)(C) and 635-004-0220(3)(b)(D), the following shall apply:

(a) Wholesale fish bait dealers may request the Department allow an estimate of the net weight of fish caught on a Fish Receiving Ticket.

(b) The Department may issue a written approval of requests made under subsection (6)(a) of this rule if the permittee uses a minimum sampling method or equivalent method to estimate the net weight, provided such method is acceptable to the Department.

(c) Those wholesale fish bait dealers authorized to use a sampling procedure approved under subsection (6)(b) of this rule are subject to inspection for accuracy by the Department or by the Oregon State Police, at any time. Authorization for use of a sampling procedure may be withdrawn if, in the judgment of the Department, the procedure employed is likely to be inaccurate.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 506.129 & 508.530
Stats. Implemented: ORS 506.109, 506.129 & 508.535
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; FC 274(74-6), f. 3-20-74, ef. 4-11-74; FWC 28, f. 11-28-75, ef. 1-1-76, Renumbered from 625-040-0130, Renumbered from 635-036-0575; FWC 15-1981, f. 4-24-81, ef. 5-1-81; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 78-1993, f. & cert. ef. 12-6-93; FWC 23-1996, f. & cert. ef. 5-10-96; DFW 38-1999, f. & cert. ef. 5-24-99; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 91-2009, f. & cert. ef. 8-10-09; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0207

Limited Fish Seller Required Reports

(1) This regulation is in addition to, and not in lieu of the provisions contained in OAR 635-006-0205.

(2) Every licensed Limited Fish Seller shall report all food fish or shellfish sold directly to consumers. Prior to making any sales of food fish or shellfish, Limited Fish Sellers shall notify the Department, by such means as the Department prescribes, the estimated number of food fish on board the boat and the location where the sale is to take place.

(3) Two reports required for reporting the commercial sale and the payment of landing fees due on such catch are:

(a) The State of Oregon Fish Receiving Ticket; and

(b) The Fish Dealer Monthly Remittance Report. These reports shall be submitted on forms supplied or approved by the Department and completed in accordance with OAR 635-006-0210 and 635-006-0215. In addition, a sequentially numbered receipt for each individual sale shall be issued to the purchaser at time of purchase, and to the fisher if fish are to be kept for take home use. This receipt shall include the date, species, weight in pounds, price, number of fish or shellfish, and vessel name. A copy shall be retained on the vessel for a period of six months and available for three years and is subject to inspection by the Oregon State Police or authorized Department employee.

Stat. Auth.: ORS 506.109, 506.119, 506.129 & ORS 802
Stats. Implemented: ORS 506.109, 506.119, 506.129 & ORS 802
Hist.: FWC 1-1986, f. & ef. 1-10-86; FWC 99-1987, f. & ef. 11-17-87; FWC 142-1991, f. 12-31-92, cert. ef. 1-1-92; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0209

Sorting Required

(1) It is unlawful to fail to sort into the categories listed in sections (2) and (3) of this rule, prior to the first weighing after offloading, those groundfish species or species groups for which there is a trip limit, quota, harvest guideline, harvest cap, size limit, scientific sorting designation, Optimum Yield (OY) or Annual Catch Limit (ACL).

(2) Federal sorting requirements must be met for the following sectors:

(a) Trawl fisheries pursuant to 660.130(d), subpart D of the Code of Federal Regulations;

(b) Limited Entry Fixed Gear groundfish fisheries pursuant to 660.230(c), subpart E of the Code of Federal Regulations; and

(c) Open Access Fixed Gear groundfish fisheries pursuant to 660.330(c), subpart F of the Code of Federal Regulations.

(3) Nearshore species must be sorted into the following categories:

(a) Black rockfish;

(b) Black and Yellow rockfish;

(c) Blue rockfish;

(d) Brown rockfish;

(e) Cabezon;

(f) Calico rockfish;

(g) China rockfish;

(h) Copper rockfish;

(i) Gopher rockfish;

(j) Grass rockfish;

(k) Greenling;

(l) Kelp rockfish;

(m) Olive rockfish;

(n) Quillback rockfish;

(o) Tiger rockfish;

(p) Treefish; and

(q) Vermilion rockfish.

Stat. Auth.: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129 & 506.306
Hist.: DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0210

Fish Receiving Ticket — All Fish

(1) Except as provided in OAR 635-006-0211, for each purchase of food fish or shellfish by a licensed wholesale fish dealer, wholesale fish bait dealer, food fish canner, or shellfish canner from a commercial fisher or commercial bait fisher, the dealer or canner shall prepare at the time of landing a Fish Receiving Ticket, or a separate document in lieu of a Fish Receiving Ticket provided the original dock ticket is attached to the completed dealer copy of the Fish Receiving Ticket subsequently submitted to ODFW. Fish dealers shall be required to account for all Fish Receiving Tickets received from the Department. Fish Receiving Tickets shall be issued in numerical sequence.

(2) Fish Receiving Tickets shall include the following:

(a) Fish dealer’s name and license number, including the buying station and location if the food fish or shellfish were received at any location other than the licensed premises of the fish dealer;

(b) Date of landing;

(c) His or her name from whom purchase is made. If not landed from a vessel, then his or her commercial license number shall be added. If received from a Columbia River treaty Indian, his or her tribal affiliation and enrollment number as shown on the official identification card issued by the U.S. Department of Interior, Bureau of Indian Affairs, or tribal government, shall be used in lieu of an address or commercial fishing license;

(d) Boat name, boat license number, and federal document or State Marine Board number from which catch made;

(e) Port of first landing. The port of first landing will be recorded as where a vessel initially crosses from the Pacific Ocean to inland waters, or is physically removed from the Pacific Ocean, for the purposes of ending a fishing trip;

(f) Fishing gear used by the fisher;

(g) For salmon and Dungeness crab, zone or area of primary catch;

(h) Species or species group, as defined in OAR 635-006-0209, of food fish or shellfish received;

(i) Pounds of each species or species group, as defined in OAR 635-006-0209, received:

(A) Pounds must be determined and reported based on condition of the fish when landed, either dressed or round. Dressed pounds may only be used for species with a conversion factor listed at OAR 635-006-0215(3)(g). Measures must be taken using a certified scale.

(B) Pounds shall include “weighbacks” by species. “Weighbacks” are those fish or shellfish with no commercial value. The following species or species groups are exempt from fish ticket requirements when considered “weighbacks”:

(i) Sponges;

(ii) Sea Pens;

(iii) Sea Whips;

(iv) Black Corals;

(v) Sea Fans;

(vi) Anemone;

(vii) Jellyfish;

(viii) Whelks;

(ix) Squids other than Humboldt and market;

(x) Octopus other than Pacific giant octopus;

(xi) Mysids;

(xii) Shrimps other than pink shrimp, coonstripe prawns, and spot prawns;

(xiii) Crabs other than Dungeness, tanner, box, Oregon hair, and red rock crabs;

(xiv) Sea Stars including Brittle Stars;

(xv) Urchins;

(xvi) Sand dollars;

(xvii) Sea cucumbers;

(xviii) Eels other than hagfish;

(xix) Blacksmelts;

(xx) Spookfish;

(xxi) Stomiformes including Viperfish and Blackdragons;

(xxii) Slickheads;

(xxiii) Flatnoses;

(xxiv) Lancetfishes;

(xxv) Barricudinas;

(xxvi) Myctophids;

(xxvii) Tomcod;

(xxviii) Eelpouts including Bigfin, Two line, Black, and Snakehead;

(xxix) Dreamers;

(xxx) Anglerfish;

(xxxi) King of the Salmon;

(xxxii) Melamphids;

(xxxiii) Whalefish;

(xxxiv) Oxeye oreo;

(xxxv) Sculpins other than cabezon, buffalo sculpin, red Irish lord, and brown Irish lord;

(xxxvi) Poachers;

(xxxvii) Snailfish;

(xxxviii) Pricklebacks;

(xxxix) Gunnels;

(xl) Scabbardfish;

(xli) Lancetfish;

(xlii) Ragfish;

(xliii) Slender sole;

(xliv) Deepsea sole;

(xlv) Rays including Pacific and electric Rays and Devilfish;

(xlvi) Wolffishes including wolf eels.

(j) For Columbia River sturgeon the exact number of fish received and the actual round weight of that number of fish;

(k) Price paid per pound for each species received;

(l) Signature of the individual preparing the Fish Receiving Ticket;

(m) Signature of the fisher making the landing;

(n) Species name, pounds and value of fish retained by fisher for take home use.

(3) Except as provided in OAR 635-006-0212 and 635-006-0213, the original of each Fish Receiving Ticket covering food fish and shellfish received shall be forwarded within five working days of the date of landing to the Oregon Department of Fish and Wildlife, 3406 Cherry Avenue, NE, Salem, OR 97303 or through the Pacific States Marine Fisheries Commission West Coast E-Ticket system or as required by Title 50 of the Code of Federal Regulations, part 660 Subpart C. All fish dealer amendments must be conducted in the same system in which the ticket was initially submitted.

(4) Wholesale fish bait dealers landing small quantities of food fish or shellfish may request authorization to combine multiple landings on one Fish Receiving Ticket and to deviate from the time in which Fish Receiving Tickets are due to the Department. Such request shall be in writing, and written authorization from the Department shall be received by the wholesale fish bait dealer before any such deviations may occur.

Stat. Auth.: ORS 496.138, 496.146, 496.162, 506.036, 506.109, 506.119, 506.129, 508.530 & 508.535
Stats. Implemented: ORS 506.109, 506.129, 508.025, 508.040 & 508.550
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; FC 274(74-6), f. 3-20-74, ef. 4-11-74; FWC 28, f. 11-28-75, ef. 1-1-76, Renumbered from 625-040-0135, Renumbered from 635-036-0580; FWC 1-1986, f. & ef. 1-10-86; FWC 99-1987, f. & ef. 11-17-87; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 22-1992(Temp), f. 4-10-92, cert. ef. 4-13-91; FWC 53-1992, f. 7-17-92, cert. ef. 7-20-92; FWC 16-1995(Temp), f. & cert. ef. 2-16-95; FWC 23-1995, f. 3-29-95, cert. ef. 4-1-95; DFW 63-2003, f. & cert. ef. 7-17-03; DFW 117-2003(Temp), f. 11-25-03, cert. ef. 12-1-03 thru 2-29-04; DFW 10-2004, f. & cert. ef. 2-13-04; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 164-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0211

Fish Receiving Ticket – Dungeness crab and Net Caught Groundfish

(1) This regulation is in addition to, and not in lieu of the provisions contained in OAR 635-006-0210.

(2) For net-caught groundfish, at time of landing the following information may be recorded on a separate document in lieu of a Fish Receiving Ticket provided this original document (dock ticket) is attached to the completed dealer copy of the Fish Receiving Ticket subsequently submitted to ODFW:

(a) Date of landing.

(b) Boat name and federal document or State Marine Board number from which catch was made.

(c) Port of first landing. The port of first landing will be recorded as where a vessel initially crosses from the Pacific Ocean to inland waters, or is physically removed from the Pacific Ocean, for the purposes of ending a fishing trip.

(d) Pounds of fish by species:

(A) Pounds must be determined based on condition of the fish when landed, either dressed or round. Dressed pounds may only be used for species with a conversion factor listed at OAR 635-006-0215(3)(g). Measures must be taken using a certified scale.

(B) Pounds shall include “weighbacks” by species. “Weighbacks” are those fish or shellfish with no commercial value. Species or species groups defined in 635-006-0210(2)(i)(B) are exempt from fish ticket requirements when considered “weighbacks.”

(e) Signature of the fisher delivering the catch.

(3) For Dungeness crab, at time of landing the following may be recorded on a separate document in lieu of a Fish Receiving Ticket, provided this original document (landing receipt) is attached to the completed dealer copy of the Fish Receiving Ticket subsequently submitted to ODFW:

(a) Fish dealer’s name and dealer license number;

(b) Date of landing;

(c) Name of fisher from whom the food fish were purchased;

(d) Vessel name, vessel license number, and the federal document or State Marine Board number of the vessel from which catch was made;

(e) Port name of first landing. The port of first landing will be recorded as where a vessel initially crosses from the Pacific Ocean to inland waters, or is physically removed from the Pacific Ocean, for the purposes of ending a fishing trip;

(f) Fishing gear used by the fisher;

(g) Gross pounds of food fish received and price paid per pound; and

(h) Signature of both the fisher making the landing and the individual preparing the landing receipt.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 506.129, 508.530 & 508.535
Stats. Implemented: ORS 506.109, 506.129, 508.025, 508.040 & 508.550
Hist.: FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 22-1992(Temp), f. 4-10-92, cert. ef. 4-13-92; FWC 53-1992, f. 7-17-92, cert. ef. 7-20-92; DFW 63-2003, f. & cert. ef. 7-17-03; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 164-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0212

Fish Receiving Ticket — Salmon

(1) This regulation is in addition to, and not in lieu of the provisions contained in OAR 635-006-0210.

(2) Fish receiving tickets shall be completed at time of landing and the original copy forwarded within four consecutive days following the landing to the Oregon Department of Fish and Wildlife.

(3) For troll-caught salmon, fish receiving tickets shall show the number of days fished during the trip in which the salmon were caught.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 506.129, 508.530 & 508.535
Stats. Implemented: ORS 506.109, 506.129, 508.025, 508.040 & 508.550
Hist.: FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; DFW 63-2003, f. & cert. ef. 7-17-03; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04; DFW 44-2006(Temp), f. & cert. ef. 6-19-06 thru 12-15-06; Administrative correction 12-16-06; DFW 79-2008(Temp) f. & cert. ef. 7-10-08 thru 12-31-08; Administrative correction 1-23-09; DFW 70-2009(Temp), f. 6-15-09, cert. ef. 6-16-09 thru 12-12-09; DFW 47-2010(Temp), f. 4-26-10, cert. ef. 4-27-10 thru 10-23-10; DFW 102-2011(Temp), f. 7-29-11, cert. ef. 8-1-11 thru 10-31-11; Administrative correction, 11-18-11; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0213

Fish Receiving Ticket — Limited Fish Seller Permit

(1) This regulation is in addition to, and not in lieu of the provisions contained in OAR 635-006-0210.

(2) For food fish or shellfish sold under a Limited Fish Seller Permit, the Limited Fish Seller shall complete daily entries of fish sold on a Fish Receiving Ticket. Fish Receiving Tickets are prenumbered in books of 50 tickets. Limited Fish Sellers shall account for all Fish Receiving Tickets received from the Department. Fish Receiving Tickets shall be issued in numerical sequence. The Fish Receiving Ticket shall include, for each day’s sales:

(a) Limited Fish Seller’s name and license number;

(b) Date of sales;

(c) Boat name and federal document or State Marine Board number from which catch made;

(d) Port of first landing. The port of first landing will be recorded as where a vessel initially crosses from the Pacific Ocean to inland waters, or is physically removed from the Pacific Ocean, for the purposes of ending a fishing trip;

(e) Fishing gear used;

(f) Species or species group of fish or shellfish sold;

(g) Quantity in pounds;

(h) Price received per pound;

(i) Signature of the individual preparing the fish ticket;

(j) Name of wholesale fish dealer to whom other food fish or shellfish were sold from the same fishing trip.

(k) For troll-caught salmon, Fish Receiving Ticket shall show the number of days fished during the trip in which the salmon were caught.

(3) The original of each Fish Receiving Ticket covering fish and shellfish sold per trip shall be forwarded within ten working days following the landing to the Department.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 506.129, 508.530, 508.535 & 508.550
Stats. Implemented: ORS 506.109, 506.129, 508.025, 508.040 & 508.550
Hist.: FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; DFW 63-2003, f. & cert. ef. 7-17-03; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0215

Monthly Remittance Report

(1) A monthly report is required of all licensed:

(a) Wholesale fish dealers, wholesale fish bait dealers, food fish canners, or shellfish canners receiving food fish or shellfish from licensed commercial fishers or bait fishers;

(b) Limited Fish Sellers selling food fish or shellfish.

(2) Except as provided in OAR 635-006-0220, the report is required even though no food fish or shellfish are received or sold during the calendar month covered by the report.

(3) The following information shall be included on the report:

(a) Fish dealer’s name, license number, and address;

(b) Calendar month of the report;

(c) Serial numbers of all Fish Receiving Tickets issued during the month;

(d) Total pounds of all salmon and steelhead received or sold during the calendar month on which poundage fees are due. Salmon and steelhead may be reported as round weight, dressed head on or dressed head off;

(e) Total value of salmon and steelhead received or sold during the calendar month including fish eggs and parts;

(f) Total value of all other food fish and shellfish including eggs and parts;

(g) Total pounds in the round of all other species of food fish or shellfish received or sold during the calendar month on which taxes are due. When landed in a dressed condition, the following listed species may be converted to round weight for the purposes of completing monthly reports, by multiplying each applicable below-listed factor by the dressed weight of that species:

(A) Troll salmon:

(i) Gilled and gutted 1.15

(ii) Gilled, gutted, and headed 1.30

(B) Halibut:

(i) Gilled and gutted 1.15

(ii) Gilled, gutted, and headed 1.35

(C) Sablefish, gutted and headed 1.60

(D) Pacific whiting:

(i) Fillet 2.86

(ii) Headed and gutted 1.56

(E) Thresher shark 2.0

(F) Lingcod:

(i) Gilled and gutted 1.1

(ii) Gilled, gutted and headed 1.5

(G) Spot prawn, tails 2.24

(H) Groundfish, glazed:

(i) Conversion factors must be calculated for each landing for each species or species group categorized in OAR 635-006-0209 when there are 60 or greater individuals of a category in a single landing as follows:

(I) Weigh a sample of at least 20 glazed fish to obtain the glazed weight;

(II) Completely remove glaze from individual fish making up the sample;

(III) Re-weigh the sample to obtain the non-glazed weight;

(IV) Divide the non-glazed weight by the glazed weight to obtain the conversion factor;

(V) A separate conversion factor may be calculated for each size grade of a species, but may only be applied to landings of that size grade;

(VI) Documentation of this calculation must be retained with the dock receiving ticket.

(ii) A conversion factor of 0.95 must be applied when there are fewer than 60 individuals of any species or species group categorized in OAR 635-006-0209 in a single landing.

(h) Total value of food fish landed in another state but not taxed by that state;

(i) Total pounds in the round of all food fish landed in another state but not taxed by that state;

(j) Total fees due — in accordance with ORS 508.505 the fees are the value of the food fish at the point of landing multiplied by the following rates:

(A) All salmon and steelhead, 3.15 percent;

(B) Effective January 1, 2005, all black rockfish, blue rockfish and nearshore fish (as defined by ORS 506.011), 5.00 percent.

(C) Effective January 1, 2010, all other food fish (except tuna, as defined by ORS 508.505), 2.25 percent.

(D) All tuna (as defined by ORS 508.505), 1.09 percent.

(k) Signature of the individual completing the report.

(4) The monthly report and all landing fees due shall be sent to the Department on or before the 20th of each month for the preceding calendar month. Landing fees are delinquent if not received or postmarked within 20 days after the end of the calendar month. A penalty charge of $5 or five percent of the landing fees due, whichever is larger, shall be assessed along with a one percent per month interest charge on any delinquent landing fee payments.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 506.129 & 508.530
Stats. Implemented: ORS 506.109, 506.129, 508.535, 508.505 & 508.550
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; FC 274(74-6), f. 3-20-74, ef. 4-11-74; FWC 28, f. 11-28-75, ef. 1-1-76, Renumbered from 625-040-0140; FWC 48-1978, f. & ef. 9-27-78, Renumbered from 635-036-0585; FWC 17-1981(Temp), f. & ef. 5-22-81; FWC 25-1981(Temp), f. 7-8-81, ef. 7-15-81; FWC 27-1981, f. & ef. 8-14-81; FWC 1-1986, f. & ef. 1-10-86; FWC 4-1987, f. & ef. 2-6-87; FWC 99-1987, f. & ef. 11-17-87; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 22-1992(Temp), f. 4-10-92, cert. ef. 4-13-92, FWC 53-1992, f. 7-17-92, cert. ef. 7-20-92; FWC 5-1993, f. 1-22-93, cert. ef. 1-25-93; DFW 38-1999, f. & cert. ef. 5-24-99; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04; DFW 118-2005(Temp), f. & cert. ef. 10-10-05 thru 12-31-05; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 79-2008(Temp) f. & cert. ef. 7-10-08 thru 12-31-08; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 70-2009(Temp), f. 6-15-09, cert. ef. 6-16-09 thru 12-12-09; DFW 73-2009(Temp), f. 6-24-09, cert. ef. 6-25-09 thru 12-21-09; Administrative correction 12-23-09; DFW 39-2010(Temp), f. 3-30-10, cert. ef. 4-1-10 thru 9-27-10; DFW 47-2010(Temp), f. 4-26-10, cert. ef. 4-27-10 thru 10-23-10; Administrative correction 11-23-10; DFW 157-2010, f. 12-6-10, cert. ef. 1-1-11; DFW 102-2011(Temp), f. 7-29-11, cert. ef. 8-1-11 thru 10-31-11; Administrative correction, 11-18-11; DFW 164-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0225

Purchase, Record, Report, and Sale of Steelhead Trout and Walleye from Treaty Indian Fisheries

(1) Steelhead trout and walleye lawfully taken by treaty Indians during commercial fishing seasons may be purchased by licensed wholesale fish dealers, canners, or buyers pursuant to restrictions set forth in sections (2) through (5) of this rule. In addition, steelhead trout and walleye taken lawfully by treaty Indians during commercial fishing seasons may be purchased and/or possessed by any individual pursuant to restrictions set forth in section (6) of this rule.

(2) The wholesale fish dealer, canner, or buyer, shall at the time of purchase, enter the purchase of steelhead trout and walleye on a Department Columbia River Fish Receiving Ticket. Information required to be entered on the Fish Receiving Ticket shall be the same as required by OAR 635-006-0210 through 635-006-0212 for each purchase of food fish.

(3) The record keeping and reporting requirements for food fish as set forth in OAR 635-006-0200 through 635-006-0215 shall apply to all steelhead trout and walleye purchases.

(4) In addition to the records required in connection with the purchase of steelhead trout, and walleye, a record of all sales of steelhead trout and walleye shall be maintained by licensed wholesale fish dealers, canners, or buyers for a period of three years and shall be subject to inspection by the Department, the Director’s authorized agent or the Oregon State Police. Such record of sales shall include as a minimum:

(a) Name and address of each person to whom either steelhead or walleye are sold;

(b) Quantity in pounds of each sale identified as whole or round weight or dressed weight;

(c) Date of each delivery.

(5) It is unlawful for any wholesale fish dealer, canner, or buyer in possession of legally purchased steelhead trout or walleye from treaty Indians to sell or distribute such fish in Oregon except to another wholesale fish dealer, canner, or buyer.

(6) Steelhead trout and walleye taken lawfully by treaty Indians during commercial fishing seasons may be purchased from a treaty Indian and/or possessed by any individual so long as said fish are accompanied by a written document listing treaty Indian taker’s name, tribal enrollment number, number of fish, approximate weight of each fish, date and location where taken, date of sale, and purchaser’s name. It is unlawful for any individual other than a treaty Indian to sell steelhead trout or walleye. The provisions in this section (6) apply to individuals other than licensed wholesale fish dealers, canners and buyers.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 508.530 & 509.031
Stats. Implemented: ORS 498.022, 506.109, 506.129, 508.535 & 508.550
Hist.: FWC 39, f. & ef. 1-23-76, Renumbered from 625-040-0150, Renumbered from 635-036-0595; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 41-1995, f. 5-23-95, cert. ef. 5-24-95; FWC 51-1997(Temp), f. & cert. ef. 8-27-97; DFW 73-1998, f. & cert. ef. 8-28-98; DFW 32-2008(Temp), f. & cert. ef. 4-1-08 thru 9-27-08; DFW 79-2008(Temp) f. & cert. ef. 7-10-08 thru 12-31-08; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 70-2009(Temp), f. 6-15-09, cert. ef. 6-16-09 thru 12-12-09; Administrative correction 12-23-09; DFW 47-2010(Temp), f. 4-26-10, cert. ef. 4-27-10 thru 10-23-10; Administrative correction 11-23-10; DFW 102-2011(Temp), f. 7-29-11, cert. ef. 8-1-11 thru 10-31-11; Administrative correction, 11-18-11; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0235

Revocation of and Refusal to Issue Commercial Fishing and Fish Dealer Licenses

(1) Except as provided in section (2) of this rule in accordance with ORS 508.485 and ORS 508.490, upon the third conviction or third forfeiture of bail within three years for violation of any of the Commercial Fishing Laws of the State of Oregon or for conviction in the State of Washington of an offense which was a violation of Columbia River Commercial fishing rules adopted pursuant to the Columbia River Compact, by any person, the Commission shall initiate contested case proceedings in accordance with the Administrative Procedures Act (ORS Chapter 183) to revoke, or refuse to issue, licenses issued under the Commercial Fishing Laws (ORS Chapters 506-513).

(2) Convictions or forfeiture of bail for exceeding trip limits in the groundfish trawl fishery, where the trip limit has not been exceeded by more than 15%, shall not be considered as a conviction or forfeiture of bail for purposes of section (1) of this rule.

(3) The Commission shall appoint a hearings officer to conduct the contested case hearing prescribed in section (1) of this rule.

(4)(a) In addition to the hearings officer, the Commission may appoint a three-member License Revocation Board to be present at the hearing and to make advisory recommendations to the Commission concerning revocation or refusal to issue a license to that person. License Revocation Boards shall consist of members representing the following fishing industries:

(A) Troll salmon;

(B) Gillnet salmon;

(C) Groundfish and shrimp;

(D) Crab;

(E) All other commercial fisheries.

(b) Only members from the appropriate License Revocation Board shall participate in hearings related to their subject area. The hearings officer shall notify the appropriate License Revocation Board of the date, time and place of the hearing, and shall provide any other public notice required by ORS Chapter 183;

(c) At the hearing, the License Revocation Board may request the hearings officer call additional witnesses or seek additional evidence;

(d) At the conclusion of the hearing, the License Revocation Board shall prepare written recommendations concerning the disposition of the case, which the License Revocation Board shall serve on all parties and forward to the Commission.

(5) A proposed order in the form prescribed by OAR 137-003-0070, including findings of fact and conclusions of law, shall be prepared by the hearings officer, served on all parties, and shall be forwarded to the Commission.

(6) In accordance with ORS Chapter 183, the Commission shall provide an opportunity to all parties to respond in writing within a period set by the Commission to the proposed order of the hearings officer and to the written recommendations submitted by the License Revocation Board.

(7) In deciding whether to revoke or refuse to issue a license, the Commission shall consider:

(a) The recommendation of the License Revocation Board;

(b) The gravity of the most recent offense, including whether the offense was a felony and whether the offense involved a closed season, closed area, or unlawful gear;

(c) The gravity of the other commercial fishing offenses of which the person has been convicted or forfeited bail;

(d) The impact of the offense on the fisheries resources of the state or, where relevant, on the State of Washington, including consideration of the species involved;

(e) Whether the person also has been convicted of or forfeited bail for violations of the Wildlife laws of the State of Oregon.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 506.129, 508.485, 508.490 & 183
Stats. Implemented: ORS 506.109, 506.129, 508.485 & 508.490
Hist.: FWC 160, f. & ef. 11-25-77; FWC 18-1978, f. & ef. 4-7-78, Renumbered from 635-036-0605; FWC 33-1982, f. & ef. 6-2-82; FWC 9-1988, f. & cert. ef. 3-3-88; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0405

Definitions

For the purpose of OAR 635-006-0400 through 635-006-0425:

(1) “Buy-back” means the purchase by the Department of a current permit during the program.

(2) “Current” means either a 1984 permit for which the permitted vessel qualifies for renewal in 1985 or a 1985 permit.

(3) “License” means a boat license issued in accordance with ORS 508.035 and ORS 508.260.

(4) “Offer price” means the dollar amount at which a permit holder offers to sell the permit to the Department.

(5) “Permit” means a current Columbia River gillnet salmon vessel permit, issued pursuant to Chapter 679, Oregon Laws 1979.

(6) “Permit holder” means an individual who has been issued and possesses a current permit.

(7) “Program” means the Oregon Columbia River gillnet salmon fleet reduction program.

(8) “Vessel” means a commercial fishing vessel.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 506.129 & 506.241
Stats. Implemented: ORS 506.109, 506.129 & 506.241
Hist.: FWC 7-1982, f. & ef. 1-29-82; FWC 77-1982, f. & ef. 10-29-82; FWC 68-1983, f. & ef. 12-16-83; FWC 63-1984, f. & ef. 9-21-84; FWC 56-1986(Temp), f. & ef. 9-11-86; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-0425

Purchase of Permits

Permits shall first be purchased from Category A. Permits shall be purchased from Category B only after purchases approved by the Commission from Category A are selected.

(1) Permits shall be purchased beginning with the lowest offer price.

(2) Each subsequent permit purchase shall be made at the lowest remaining offer price.

(3) In case of ties in otherwise qualified permit holders’ offer prices, the Department will first purchase the permit of the permit holder with the greatest total pounds of salmon lawfully landed in Oregon from the Columbia River gillnet salmon fishery for the period 1978 through 1985.

(4) Any offer over $1,000.00 shall be referred to the Commission for approval.

(5)(a) Permits which are purchased shall be retired by the Department;

(b) The transfer of the offered permit is effective upon written acceptance by the Department.

(6) The Department shall purchase no more than one permit from each applicant.

(7) The Department shall indicate on all application forms a deadline date after which no more program applications and offers to sell permits shall be accepted.

(8) Any offer to sell a permit at the offer price selected by the applicant shall constitute a formal offer to sell the permit to the Department and shall not be withdrawn until 120 days after the deadline date specified on the application form provided by the Department.

(9) In determining the total salmon landings of an applicant, the Department may consider as evidence:

(a) Department records;

(b) Such information as the Department considers reliable evidence of the landings;

(c) An affidavit submitted by the permit holder concerning the quantity of salmon lawfully landed.

(10) In determining program eligibility the Department may consider as evidence:

(a) Department records;

(b) Such information as the Department considers reliable evidence of eligibility;

(c) An affidavit submitted by the permit holder concerning his or her eligibility.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 506.129 & 506.241
Stats. Implemented: ORS 506.109, 506.129 & 506.241
Hist.: FWC 7-1982, f. & ef. 1-29-82; FWC 77-1982, f. & ef. 10-29-82; FWC 1-1984, f. & ef. 1-10-84; FWC 68-1983, f. & ef. 12-16-83; FWC 63-1984, f. & ef. 9-21-84; FWC 56-1986(Temp), f. & ef. 9-11-86; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-1005

Introduction to Organization

(1) In 2012, many commercial fishing regulations were reorganized, with significant parts of the Restricted Participation Systems regulations moved to their related fishery sections in division 4 and division 5 of the Fish & Wildlife Oregon Administrative Rules. As a result of the reorganization, only regulations regarding commercial gillnet and troll salmon fisheries remain in the Restricted Participation Systems section. These two fisheries are organized by topic. For each topic, the applicable law for each fishery is either set forth or, where the statute provides detail, the statute is cited.

(2) The topics covered by these rules are:

(a) Requirement for permit — 635-006-1015;

(b) Permit Fee — 635-006-1025;

(c) Eligibility Requirements for a Permit — 635-006-1035;

(d) Evidence of Eligibility - 635-006-1050;

(e) Revocation and Refusal to Issue Permits — 635-006-1060;

(f) Review of Denials — 635-006-1065;

(g) Renewal of Permit — 635-006-1075;

(h) Lottery for Certain Limited Entry Fisheries — 635-006-1085;

(i) Transferability of Permits — 635-006-1095;

(j) Commercial Fishery Permit Boards — 635-006-1200;

(k) Agency Representation by Employee — 635-006-1210.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-1015

Requirement for Permit

(1) The following provide general requirements for permits:

(a) Gillnet salmon — see ORS 508.775;

(b) Troll salmon — see ORS 508.801 and 508.828;

(2) The permits required by section (1) of this rule are in addition to and not in lieu of the commercial fishing and boat license required by ORS 508.235 and 508.260.

(3) No vessel may hold more than one vessel permit for a given fishery at any one time.

(4) If permits are issued on an individual basis, no individual may hold more than one permit for a given fishery at any one time.

(5) Unless otherwise provided, permits must be purchased by December 31 of the year the permit is sought for renewal.

(6) Applications for permits shall be in such form and contain such information as the Department may prescribe. Proof of length of a vessel may be required at the time of application.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96; DFW 92-1998, f. & cert. ef. 11-25-98; DFW 103-2001, f. & cert. ef. 10-23-01; DFW 95-2002, f. & cert. ef. 8-27-02; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 45-2006, f. 6-20-06, cert. ef. 12-1-06; DFW 74-2006, f. & cert. ef. 8-7-06; DWF 96-2006(Temp), f. & cert. ef. 9-8-06 thru 3-6-07; DFW 97-2006(Temp), f. 9-8-06, cert. ef. 9-9-06 thru 3-7-07; DFW 2-2007, f. & cert. ef. 1-12-07; DFW 135-2006(Temp), f. & cert. ef.12-26-06 thru 6-15-07; DFW 11-2007, f. & cert. ef. 2-14-07; DFW 114-2007, f. & cert. ef. 10-25-07; DFW 3-2008, f. & cert. ef. 1-15-08; DFW 38-2009, f. & cert. ef. 4-22-09; DFW 154-2011(Temp), f. 11-18-11, cert. ef. 12-1-11 thru 5-28-12; DFW 37-2012, f. 4-24-12, cert. ef. 5-1-12; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-1025

Permit Fee

The annual fee to participate in limited entry fisheries is as follows:

(1) Gillnet salmon:

(a) The annual fee is $100.00 (plus a $2.00 license agent fee) for resident applicants and $290.00 (plus a $2.00 license agent fee) for non-resident applicants. See ORS 508.790, ORS 508.775 and Section 6, Chapter 512, Oregon Laws 1989.

(b) A fee of $100.00 shall be charged for each transfer of participation rights under this section.

(2) Troll salmon:

(a) The annual fee is $100.00 (plus a $2.00 license agent fee) for resident applicants and $290.00 (plus a $2.00 license agent fee) for non-resident applicants. See ORS 508.816, ORS 508.822 and Section 6, Chapter 512, Oregon Laws 1989.

(b) A fee of $100.00 shall be charged for each transfer of participation rights under this section.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 145-2009, f. 12-9-09, cert. ef. 1-1-10; DFW 146-2011, f. & cert. ef. 10-14-11; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-1035

Eligibility Requirements for a Permit

Eligibility for a limited entry permit is as follows:

(1) Gillnet salmon — see ORS 508.784.

(2) Troll salmon — see ORS 508.810.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96; DFW 11-2003(Temp), f. & cert. ef. 2-10-03 thru 6-30-03; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 74-2006, f. & cert. ef. 8-7-06; DFW 2-2007, f. & cert. ef. 1-12-07; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 149-2008, f. & cert. ef. 12-17-08; DFW 38-2009, f. & cert. ef. 4-22-09; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-1060

Revocation and Refusal to Issue Permits

The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of limited entry fisheries permits as follows:

(1) Gillnet salmon permit — see ORS 508.787.

(2) Troll salmon permit — see ORS 508.813.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FWC 76-1995, f. 9-13-95, cert. ef. 9-19-95; FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-1065

Review of Denials (Restricted Participation Systems)

(1) An individual whose application for issuance or renewal of a limited entry permit is denied by the Oregon Department of Fish and Wildlife (Department) may request review of the Department’s decision by doing so in writing to the Commercial Fishery Permit Board (Board). The procedure for requesting review and the applicable standard of review shall be as follows:

(a) Gillnet salmon — see ORS 508.796;

(b) Troll salmon — see ORS 508.825;

(2) The Board may delegate to the Department its authority to waive requirements for renewal of permits in all fisheries in such specific instances as the Board sets forth in a letter of delegation to the Department.

(3) For those fisheries requiring a $125.00 application fee for Board review, the fee is nonrefundable. However, if the Board grants the applicant’s request, the nonrefundable fee shall apply toward the permit fee.

(4) Orders issued by the Board are not subject to review by the Oregon Fish and Wildlife Commission (Commission), but may be appealed as provided in ORS 183.480 to 183.550.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 45-2006, f. 6-20-06, cert. ef. 12-1-06; DWF 96-2006(Temp), f. & cert. ef. 9-8-06 thru 3-6-07; DFW 97-2006(Temp), f. 9-8-06, cert. ef. 9-9-06 thru 3-7-07; DFW 4-2007(Temp), f. & cert. ef. 1-12-07 thru 6-15-07; DFW 11-2007, f. & cert. ef. 2-14-07; DFW 3-2008, f. & cert. ef. 1-15-08; DFW 126-2009, f. & cert. ef. 10-7-09; DFW 154-2011(Temp), f. 11-18-11, cert. ef. 12-1-11 thru 5-28-12; DFW 37-2012, f. 4-24-12, cert. ef. 5-1-12; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-1075

Renewal of Permit

(1) An individual who obtained a limited entry permit may renew the permit as follows:

(a) Gillnet salmon — Permits may be renewed by submission to the Department of a $100.00 fee (plus a $2.00 license agent fee) for resident applicants and $290.00 fee (plus a $2.00 license agent fee) for non-resident applicants and a complete application, see ORS 508.781 and 508.790;

(b) Troll salmon — Permits may be renewed by submission to the Department of a $100.00 fee (plus a $2.00 license agent fee) for resident applicants and $290.00 fee (plus a $2.00 license agent fee) for non-resident applicants and a complete application, see ORS 508.807 and 508.816;

(2) An application for renewal in any limited entry fishery shall be considered complete if it is legible, has all information requested in the form, and is accompanied by the required fee in full. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by December 31 of the permit year sought, the individual shall not be considered to have applied for renewal in a timely manner.

(3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application shall not be grounds for treating the application as having been filed in a timely and complete manner.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96; DFW 92-1998, f. & cert. ef. 11-25-98; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 23-2006, f. & cert, ef, 4-21-06; DFW 2-2007, f. & cert. ef. 1-12-07; DFW 86-2007(Temp), f. & cert. ef. 9-10-07 thru 9-17-07; Administrative correction 10-16-07; DFW 3-2008, f. & cert. ef. 1-15-08; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 38-2009, f. & cert. ef. 4-22-09; DFW 145-2009, f. 12-9-09, cert. ef. 1-1-10; DFW 155-2010(Temp), f. 11-22-10, cert. ef. 11-23-10 thru 5-21-11; Administrative correction 6-28-11; DFW 146-2011, f. & cert. ef. 10-14-11; DFW 39-2012, f. & cert. ef. 4-24-12; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-1085

Lottery for Certain Limited Entry Fisheries

(1) A lottery for issuance of permits shall be conducted as follows:

(a) Gillnet salmon — see ORS 508.792;

(b) Troll salmon — see ORS 508.819;

(2) Each applicant for a permit lottery shall complete the application form prescribed by the Department.

(3) Application for vessel permits shall only be accepted for vessels, which in the judgment of the Department, are capable of operating the gear necessary to legally participate in the fishery. Vessels of a size or design incapable of harvesting the permitted species are not eligible for the lottery.

(4) Only one application per vessel may be submitted for each permit fishery lottery.

(5) Any application which is not legible, has incomplete information, or is postmarked after the deadline will not be entered in the lottery. Applications for all permits will be accepted at the Salem headquarters office of the Department, and shall be postmarked or date stamped no later than March 31 of the year for which the permit is issued.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; DFW 11-2003(Temp), f. & cert. ef. 2-10-03 thru 6-30-03; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 70-2004(Temp), f. & cert. ef. 7-12-04 thru 12-31-04; Administrative correction, 2-18-05; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 149-2008, f. & cert. ef. 12-17-08; DFW 17-2009(Temp), f. 2-25-09, cert. ef. 2-26-09 thru 8-24-09; DFW 38-2009, f. & cert. ef. 4-22-09; DFW 145-2009, f. 12-9-09, cert. ef. 1-1-10; DFW 146-2011, f. & cert. ef. 10-14-11; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-1095

Transferability of Permits

Any transfer of a permit away from a vessel without the written consent of each person holding a security interest in such vessel is void. The following rules apply to transfer of limited entry fishery permits:

(1) Gillnet salmon — see ORS 508.793.

(2) Troll salmon — see ORS 508.822.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.129, 508.760 & 508.762
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96; DFW 94-1998, f. & cert. ef. 11-25-98; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 95-2006(Temp), f. & cert. ef. 9-8-06 thru 11-24-06; Administrative correction 12-16-06; DFW 23-2007(Temp), f. 4-9-07, cert. ef. 4-17-07 thru 10-13-07; Administrative correction 10-16-07; DFW 114-2007, f. & cert. ef. 10-25-07; DFW 162-2010(Temp), f. & cert. ef. 12-15-10 thru 6-12-11; Administrative correction 6-28-11; DFW 37-2012, f. 4-24-12, cert. ef. 5-1-12; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-1200

Commercial Fishery Permit Boards

See ORS 508.920. In addition:

(1) The members of the Boards established by ORS 508.920 shall:

(a) Be members in good standing within their community;

(b) Serve staggered three-year terms. The term of a Board member shall end three years from the date the Commission confirms an individual as a Board member. An individual shall not serve more than two consecutive terms as a Board member;

(c) Serve at the pleasure of the Commission and may be removed if in the judgment of the Commission, the Board member is no longer qualified to serve including, but not limited to, a conviction for violation of fish and wildlife laws, or inappropriate conduct during the course of Permit Board proceedings.

(2) Members representing the commercial fisheries described in ORS 508.920 shall maintain a valid permit or license for the fishery they represent. If such permit or license becomes invalid for any reason, the term of the individual on the Permit Board terminates on the date the permit or license expires.

(3) When issues are pending before the Commercial Fisheries Permit Boards, the Boards shall meet not less frequently than once every calendar quarter to make disposition of such issues.

(4) The Department shall provide an Administrative Hearings Officer to assist the Commercial Fisheries Permit Board in developing the record and preparing the Boards’ Opinion and Order. The Administrative Hearings Officer shall exhibit through references and experience a thorough understanding of the Administrative Procedures Act.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.129 & 508.755
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

635-006-1210

Agency Representation by Employee

(1) An officer or employee of the agency, designated by the Director, with the written consent of the Attorney General pursuant to ORS 183.452 is authorized to represent the department in contested case hearings.

(2) An agency representative acting under the provisions of this section shall not give legal advice to an agency, and may not present legal argument in contested case hearings, except to the extent authorized in subsection (3) of this section.

(3) The officer presiding at a contested case hearing in which an agency representative appears under the provision of this section may allow the agency representative to present evidence, examine and cross-examine witnesses, and make arguments relating to the:

(a) Application of statutes and rules to the facts in the contested case;

(b) Actions taken by the agency in the past in similar situations;

(c) Literal meaning of the statutes or rules at issue in the contested case;

(d) Admissibility of evidence; and

(e) Proper procedures to be used in the contested case hearing.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 183.452
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; DFW 2-2002, f. & cert. ef. 1-3-02; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12


 

Rule Caption: Federal In-season Actions and Management Measures Adopted for Groundfish Fisheries.

Adm. Order No.: DFW 78-2012(Temp)

Filed with Sec. of State: 6-28-2012

Certified to be Effective: 7-1-12 thru 10-27-12

Notice Publication Date:

Rules Amended: 635-004-0275

Rules Suspended: 635-004-0019(T)

Subject: This amended rule adopts in-season actions previously adopted by the federal government for 2012 Pacific ocean commercial groundfish fisheries, including but not limited to: (1) Changes to limited entry and open access sablefish DTL fishery trip limits; and (2) Changes in the trawl rockfish conservation area (RCA).

Rules Coordinator: Therese Kucera—(503) 947-6033

635-004-0275

Scope, Inclusion, and Modification of Rules

(1) The commercial groundfish fishery in the Pacific Ocean off Oregon is jointly managed by the state of Oregon and the federal government through the Pacific Fishery Management Council process. The Code of Federal Regulations provides federal requirements for this fishery, including but not limited to the time, place, and manner of taking groundfish. However, additional regulations may be promulgated subsequently by publication in the Federal Register, and these supersede, to the extent of any inconsistency, the Code of Federal Regulations. Therefore, the following publications are incorporated into Oregon Administrative Rule by reference:

(a) Code of Federal Regulations, Part 660, Subparts C, D, E and F (October 1, 2011 ed.);

(b) Federal Register Vol. 76, No. 43, dated May 11, 2011 (76 FR 27508);

(c) Federal Register Vol. 76, No. 231, dated December 1, 2011 (76 FR 74725);

(d) Federal Register Vol. 76, No. 239, dated December 13, 2011 (76 FR 77415);

(e) Federal Register Vol. 76, No. 245, dated December 21, 2011 (76 FR 79122);

(f) Federal Register Vol. 77, No. 74, dated April 17, 2012 (77 FR 22679); and

(g) Federal Register Vol. 77, No. 80, dated April 25, 2012 (77 FR 24635).

(2) Persons must consult the federal regulations in addition to Division 004 to determine all applicable groundfish fishing requirements. Where federal regulations refer to the fishery management area, that area is extended from shore to three nautical miles from shore coterminous with the Exclusive Economic Zone.

(3) The Commission may adopt additional or modified regulations that are more conservative than federal regulations, in which case Oregon Administrative Rule takes precedence. See OAR 635-004-0205 through 635-004-0235 and 635-004-0280 through 635-004-0365 for additions or modifications to federal groundfish regulations.

(4) Notwithstanding, the regulations defined in section (1) of this rule, the National Marine Fisheries Service, by means of Federal Register/Vol. 76, No. 245/Wednesday, December 21, 2011, announced inseason actions and management measures effective January 1, 2012, including but not limited to: (a) changes in the trawl rockfish conservation area (RCA); and (b) changes to limited entry and open access sablefish DTL fishery trip limits.

(5) Notwithstanding, the regulations defined in section (1) of this rule, the National Marine Fisheries Service, by means of Federal Register/Vol. 77, No. 74/Tuesday, April 17, 2012, announced inseason actions and management measures effective May 1, 2012, including but not limited to changes in the trawl rockfish conservation area (RCA).

(6) Notwithstanding, the regulations defined in section (1) of this rule, the National Marine Fisheries Service, by means of Federal Register/Vol. 77, No. 80/Wednesday, April 25, 2012, announces inseason actions and management measures effective May 1, 2012, including but not limited to reduced trip limits for limited entry fixed gear North of 36° N. latitude.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 496.162, 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12; DFW 78-2012(Temp), f. 6-28-12, cert. ef. 7-1-12 thru 10-27-12

635-004-0019

Inclusions and Modifications

(1) OAR chapter 635, division 004, modifies or is in addition to provisions contained in: Code of Federal Regulations, Title 50, Part 660, Subparts C, D, E and F (October 1, 2011 ed.).

(2) The Code of Federal Regulations (CFR), Title 50, Part 660, Subparts C, D, E and F (October 1, 2011 ed.), provides requirements for commercial groundfish fishing in the Pacific Ocean off the Oregon coast. However, additional regulations may be promulgated subsequently, and these supersede, to the extent of any inconsistency, the Code of Federal Regulations.

(3) Notwithstanding, the regulations defined in OAR 635-004-0019, the National Marine Fisheries Service, by means of Federal Register/Vol. 76, No. 245/Wednesday, December 21, 2011, announced inseason actions and management measures effective January 1, 2012, including but not limited to: (a) changes in the trawl rockfish conservation area (RCA) and (b) changes to limited entry and open access sablefish DTL fishery trip limits.

(4) Notwithstanding, the regulations defined in OAR 635-004-0019, the National Marine Fisheries Service, by means of Federal Register/Vol. 77, No. 74/Tuesday, April 17, 2012, announced inseason actions and management measures effective May 1, 2012, including but not limited to: changes in the trawl rockfish conservation area (RCA).

(5) Notwithstanding, the regulations defined in OAR 635-004-0019, the National Marine Fisheries Service, by means of Federal Register/Vol. 77, No. 80/Wednesday, April 25, 2012, announces inseason actions and management measures effective May 1, 2012, including but not limited to: reduced trip limits for limited entry fixed gear North of 36° N. latitude.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-1999(Temp), f. 9-30-99, cert. ef. 10-1-99 thru 12-31-99; DFW 81-1999(Temp), f. & cert. ef. 10-12-99 thru 12-31-99; DFW 98-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 23-2005(Temp), F. & cert. ef. 4-8-05 thru 10-4-05; DFW 30-2005(Temp), f. 4-29-05, cert. ef. 5-1-05 thru 10-27-05; DFW 43-2005(Temp), f. & cert. ef. 5-13-05 thru 10-17-05; DFW 68-2005(Temp), 6-30-05, cert. ef. 7-1-05 thru 12-27-05; DFW 114-2005(Temp), f. 9-30-05, cert. ef. 10-1-05 thru 12-31-05; DFW 125-2005(Temp), f. & cert. ef. 10-19-05 thru 12-31-05; DFW 134-2005(Temp), f. & cert. ef. 11-30-05 thru 12-31-05; DFW 147-2005(Temp), f. 12-28-05, cert. ef. 1-1-06 thru 6-28-06; DFW 8-2006(Temp), f. 2-28-06, cert. ef. 3-1-06 thru 8-25-06; DFW 25-2006(Temp), f. 4-28-06, cert. ef. 5-1-06 thru 10-27-06; DFW 55-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-27-06; DFW 110-2006(Temp), f. 9-29-06, cert. ef. 10-1-06 thru 12-31-06; Administrative Correction 1-16-07; DFW 29-2007(Temp), f. & cert. ef. 5-1-07 thru 10-27-07; DFW 58-2007(Temp), f. 7-18-07, cert. ef. 8-1-07 thru 12-31-07; DFW 106-2007(Temp), f. 10-5-07, cert. ef. 10-6-07 thru 12-31-07; DFW 123-2007(Temp), f. 11-26-07, cert. ef. 11-28-07 thru 12-31-07; DFW 126-2007(Temp), f. & cert. ef. 12-11-07 thru 12-31-07; DFW 41-2008(Temp), f. 4-23-08, cert. ef. 5-1-08 thru 10-27-08; DFW 88-2008(Temp), f. & cert. ef. 8-1-08 thru 12-31-08; DFW 146-2008(Temp), f. & cert. ef. 12-4-08 thru 12-31-08; DFW 1-2009(Temp), f. & cert. ef. 1-5-09 thru 5-1-09; DFW 29-2009(Temp), f. & cert. ef. 3-18-09 thru 5-1-09; DFW 41-2009(Temp), f. 4-29-09, cert. ef. 5-1-09 thru 10-27-09; DFW 39-2009, f. & cert. ef. 4-27-09; DFW 81-2009(Temp), f. & cert. ef. 7-2-09 thru 12-28-09; DFW 136-2009, f. 10-28-09 thru 12-31-09; DFW 138-2009(Temp), f. & cert. ef. 11-2-09 thru 12-31-09; Administrative correction 1-25-10; DFW 25-2010(Temp), f. & cert. ef. 3-3-10 thru 8-29-10; DFW 59-2010(Temp), f. & cert. ef. 5-12-10 thru 11-7-10; DFW 109-2010(Temp), f. & cert. ef. 7-30-10 thru 11-30-10; DFW 122-2010(Temp), f. & cert. ef. 8-25-10 thru 11-30-10; DFW 138-2010(Temp), f. & cert. ef. 10-4-10 thru 12-31-10; DFW 157-2010, f. 12-6-10, cert. ef. 1-1-11; DFW 160-2010(Temp), f. & cert. ef. 12-7-10 thru 12-31-10; DFW 167-2010(Temp), f. 12-29-10, cert. ef. 1-1-11 thru 1-31-11; DFW 2-2011(Temp), f. & cert. ef. 1-11-11 thru 7-9-11; DFW 20-2011(Temp), f. & cert. ef. 3-3-11 thru 8-29-11; DFW 47-2011(Temp), f. & cert. ef. 5-13-11 thru 11-8-11; DFW 73-2011(Temp), f. & cert. ef. 6-20-11 thru 11-8-11; DFW 86-2011(Temp), f. 7-6-11, cert. ef. 7-7-11 thru 12-31-11; DFW 164-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 40-2012(Temp), f. 4-24-12, cert. ef. 5-1-12 thru 10-27-12; DFW 43-2012(Temp), f. 4-26-12, cert. ef. 5-1-12 thru 10-27-12; Suspended by DFW 78-2012(Temp), f. 6-28-12, cert. ef. 7-1-12 thru 10-27-12


 

Rule Caption: Increased Cumulative Trip Limits for Black and Blue Rockfish Combined in Periods 3 and 4.

Adm. Order No.: DFW 79-2012(Temp)

Filed with Sec. of State: 6-28-2012

Certified to be Effective: 7-1-12 thru 12-27-12

Notice Publication Date:

Rules Amended: 635-004-0355

Subject: This amended rule increases the nearshore commercial fishery cumulative trip limits for black rockfish and blue rockfish combined by 400 pounds, from 1,400 to 1,800 pounds, in each of periods 3 and 4.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-004-0355

Trip Limits

(1) The trip limits outlined in this rule are set at the beginning of each calendar year based on commercial harvest caps and projected fishing effort, and are subject to in-season adjustments and closures. Fishers should refer to Nearshore Commercial Fishery Industry Notices on the Marine Resources Program Commercial Fishing Rules and Regulations webpage for the most up-to-date information regarding trip limits and other regulations affecting the Nearshore Commercial Fishery.

(2) For black and blue rockfish combined, vessels with a Black Rockfish / Blue Rockfish / Nearshore Fishery Permit, with or without a Nearshore Endorsement, may land no more than the following cumulative trip limits:

(a) 800 pounds in period 1;

(b) 1,000 pounds in period 2;

(c) 1,800 pounds in each of periods 3 and 4;

(d) 1,000 pounds in period 5; and

(e) 800 pounds in period 6.

(3) For all other nearshore species, vessels with a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit with Nearshore Endorsement may land no more than the following cumulative trip limits in each period:

(a) 700 pounds of other nearshore rockfish combined;

(b) 1,500 pounds of cabezon; and

(c) 250 pounds of greenling species.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12; DFW 79-2012(Temp), f. 6-28-12, cert. ef. 7-1-12 thru 12-27-12


 

Rule Caption: Tillamook Bay Commercial Cockle Clam Dive Fishery Closes.

Adm. Order No.: DFW 80-2012(Temp)

Filed with Sec. of State: 6-28-2012

Certified to be Effective: 7-4-12 thru 12-30-12

Notice Publication Date:

Rules Amended: 635-005-0355

Subject: Amended rule closes the Tillamook Bay commercial cockle clam dive fishery at 12:01 a.m. Wednesday, July 4, 2012 due to a projected attainment of the 90,000 pound annual harvest quota allowed under bay clam dive permits. Modifications are consistent with requirements described in OAR 635-005-0355 sections (2) and (3).

Rules Coordinator: Therese Kucera—(503) 947-6033

635-005-0355

Catch Limits

(1) In Netarts Bay, the commercial landing cap for cockle clams harvested by the bay clam dive fishery is 8,000 pounds.

(2) In Tillamook Bay, the commercial landing cap for cockle clams harvested by the bay clam dive fishery is 90,000 pounds.

(3)(a) When the commercial cockle clam landing caps specified in sections (1) and (2) of this rule are reached, the commercial cockle clam fishery in that estuary will close for the remainder of that calendar year.

(b) The Tillamook Bay clam dive fishery is closed effective 12:01 a.m. Wednesday, July 4 due to the anticipated attainment of the 90,000 pound landing cap.

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06, Renumbered from 635-005-0032, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12; DFW 80-2012(Temp), f. 6-28-12, cert. ef. 7-4-12 thru 12-30-12


 

Rule Caption: Columbia River Treaty Indian Commercial Gill Net Salmon Season Extended.

Adm. Order No.: DFW 81-2012(Temp)

Filed with Sec. of State: 6-29-2012

Certified to be Effective: 7-3-12 thru 8-31-12

Notice Publication Date:

Rules Amended: 635-041-0076

Rules Suspended: 635-041-0076(T)

Subject: Rule modifications set two gill net fishing periods in Zone 6 of the Columbia River and allow the sales of fish caught during those periods. Revisions are consistent with action taken June 28, 2012 by the Columbia River Compact agencies of Oregon and Washington in cooperation with the Columbia River Treaty Tribes.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-041-0076

Summer Salmon Season

(1) Commercial sales of platform and hook-and-line caught fish from Zone 6 of the mainstem Columbia River are allowed until further notice.

(a) Chinook, steelhead, sockeye, coho, walleye, shad, carp, bass, catfish and yellow perch landed during an open commercial fishing period may be sold at any time or retained for subsistence purposes. Sturgeon may not be sold. However, white sturgeon between 43 and 54 inches in fork length taken from The Dalles and John Day pools and white sturgeon between 38 and 54 inches in fork length taken from the Bonneville Pool may be kept for subsistence use.

(b) Gear is restricted to subsistence fishing gear: hoopnets, dipnets and rod and reel with hook-and-line are allowed.

(c) Closed areas in Zone 6, except the Spring Creek sanctuary, are as set forth in OAR 635-041-0045 and remain in effect.

(2) Commercial sales of gill net caught fish from Zone 6 of the mainstem Columbia River is allowed beginning 6:00 a.m. Tuesday, July 3 through 6:00 p.m. Friday, July 6, 2012 (3.5 days); and from 6:00 a.m. Monday, July 9 through 6:00 p.m. Wednesday, July 11, 2012 (2.5 days).

(a) Salmon, steelhead, shad, yellow perch, bass, walleye, catfish and carp landed during any open gill net fishing period may be sold at any time or retained for subsistence purposes. Sturgeon may not be sold. However, white sturgeon between 43 and 54 inches in fork length taken from The Dalles and John Day pools and white sturgeon between 38 and 54 inches in fork length taken from the Bonneville Pool may be kept for subsistence purposes.

(b) Gear is restricted to gill nets. No minimum mesh size restriction is in effect.

(c) Closed areas in Zone 6, except the Spring Creek sanctuary, are as set forth in OAR 635-041-0045 and remain in effect.

(3) Sales of fish caught in Yakama Nation tributary fisheries in the Klickitat River; Wind River; Drano Lake; Icicle Creek, and Big White Salmon River are allowed during those days and hours when the tributaries are open under lawfully enacted tribal fishing periods and concurrent with periods when sales from Zone 6 platform and hook-and-line fisheries are allowed.

Stat. Auth.: ORS 496.118 & 506.119
Stats. Implemented: ORS 506.109, 506.129 & 507.030
Hist.: DFW 5-2006, f. & cert. ef. 2-15-06; DFW 39-2006(Temp), f. & cert. ef. 6-8-06 thru 7-31-06; DFW 46-2006(Temp), f. & cert. ef. 6-20-06 thru 7-31-06; DFW 49-2006(Temp), f. 6-26-06, cert. ef. 6-27-06 thru 7-31-06; DFW 56-2006(Temp), f. 6-30-06, cert. ef. 7-3-06 thru 7-31-06; DFW 58-2006(Temp), f. 7-6-06, cert. ef. 7-10-06 thru 7-31-06; Administrative correction 8-22-06; DFW 46-2007(Temp), f. 6-15-07, cert. ef. 6-16-07 thru 9-13-07; DFW 49-2007(Temp), f. 6-22-07, cert. ef. 6-26-07 thru 9-13-07; DFW 53-2007(Temp), f. & cert. ef. 7-6-07 thru 7-31-07; Administrative correction 9-16-07; DFW 45-2008(Temp), f. 5-2-08, cert. ef. 5-5-08 thru 7-31-08; DFW 47-2008(Temp), f. 5-9-08, cert. ef. 5-11-08 thru 7-31-08; DFW 62-2008(Temp), f. 6-13-08, cert. ef. 6-16-08 thru 8-31-08; DFW 68-2008(Temp), f. 6-20-08, cert. ef. 6-21-08 thru 8-31-08; DFW 71-2008(Temp), f. 6-27-08, cert. ef. 6-28-08 thru 8-31-08; DFW 80-2008(Temp), f. & cert. ef. 7-10-08 thru 8-31-08; DFW 87-2008(Temp), f. & cert. ef. 7-25-08 thru 8-31-08; DFW 94-2008(Temp), f. & cert. ef. 8-14-08 thru 9-30-08; Administrative correction 10-21-08; DFW 50-2009(Temp), f. 5-14-09, cert. ef. 5-16-09 thru 7-31-09; DFW 56-2009(Temp), f. 5-26-09, cert. ef. 5-27-09 thru 7-31-09; DFW 71-2009(Temp), f. 6-15-09, cert. ef. 6-16-09 thru 7-31-09; DFW 76-2009(Temp), f. 6-26-09, cert. ef. 6-30-09 thru 7-31-09; DFW 82-2009(Temp), f. 7-6-09, cert. ef. 7-8-09 thru 7-31-09; DFW 84-2009(Temp), f. 7-13-09, cert. ef. 7-15-09 thru 7-31-09; Administrative correction 8-21-09; DFW 48-2010(Temp), f. 4-26-10, cert. ef. 4-27-10 thru 7-31-10; DFW 51-2010(Temp), f. & cert. ef. 4-29-10 thru 7-31-10; DFW 56-2010(Temp), f. 5-10-10, cert. ef. 5-11-10 thru 7-31-10; DFW 68-2010(Temp), f. 5-18-10, cert. ef. 5-19-10 thru 7-31-10; DFW 71-2010(Temp), f. 5-19-10, cert. ef. 5-21-10 thru 6-16-10; DFW 74-2010(Temp), f. & cert. ef. 6-2-10 thru 7-31-10; DFW 80-2010(Temp), f. 6-14-10, cert. ef. 6-16-10 thru 7-31-10; DFW 87-2010(Temp), f. 6-25-10, cert. ef. 6-29-10 thru 7-31-10; DFW 97-2010(Temp), f. 7-8-10, cert. ef. 7-13-10 thru 7-31-10; DFW 101-2010(Temp), f. 7-19-10, cert. ef. 7-20-10 thru 7-31-10; DFW 105-2010(Temp), f. 7-23-10, cert. ef. 7-26-10 thru 7-31-10; Administrative correction 8-18-10; DFW 43-2011(Temp), f. & cert. ef. 5-10-11 thru 10-31-11; DFW 66-2011(Temp), f. 6-14-11, cert. ef. 6-16-11 thru 10-31-11; DFW 75-2011(Temp), f. 6-24-11, cert. ef. 6-27-11 thru 10-31-11; DFW 84-2011(Temp), f. 7-1-11, cert. ef. 7-5-11 thru 10-31-11; DFW 88-2011(Temp), f. 7-8-11, cert. ef. 7-10-11 thru 10-31-11; DFW 94-2011(Temp), f. 7-14-11, cert. ef. 7-18-11 thru 10-31-11; DFW 98-2011(Temp), f. 7-20-11, cert. ef. 7-25-11 thru 10-31-11; Administrative correction, 11-18-11; DFW 66-2012(Temp), f. 6-14-12, cert. ef. 6-18-12 thru 7-31-12; DFW 81-2012(Temp), f. 6-29-12, cert. ef. 7-3-12 thru 8-31-12


 

Rule Caption: White Sturgeon Retention In Youngs Bay Select Area Commercial Gillnet Fishery Closes.

Adm. Order No.: DFW 82-2012(Temp)

Filed with Sec. of State: 6-29-2012

Certified to be Effective: 7-2-12 thru 7-31-12

Notice Publication Date:

Rules Amended: 635-042-0145

Rules Suspended: 635-042-0145(T)

Subject: Rule amendments close the commercial gillnet fishery in the Youngs Bay Select Area of the Columbia River to the retention of white sturgeon begin at 6:00 p.m. Monday, July 2, 2012. Modifications are consistent with the action taken June 28, 2012 by the State of Oregon.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-042-0145

Youngs Bay Salmon Season

(1) Salmon and shad may be taken for commercial purposes in those waters of Youngs Bay.

(a) The 2012 open fishing periods are established in three segments categorized as the winter fishery, subsection (1)(a)(A); the spring fishery, subsection (1)(a)(B); and summer fishery, subsection (1)(a)(C), as follows:

(A) Winter Season: Entire Youngs Bay: Sundays, Tuesdays and Thursdays from February 12 through March 9 (12 days) starting at 12:00 noon through 6:00 a.m. the following morning (18 hours). Also, 6:00 p.m. until midnight Sunday March 11 (6 hours), 10:00 p.m. Thursday March 15 until 4:00 a.m. Friday March 16 (6 hours), 3:00 p.m. until 7:00 p.m. Sunday March 18 (4 Hours), 5:00 p.m. until 9:00 p.m. Wednesday March 21 (4 hours); 8:00 a.m. until noon Sunday March 25 (4 hours); 10:00 a.m. until 2:00 p.m. Thursday March 29 (4 hours); 1:00 p.m. until 5:00 p.m. Sunday April 1 (4 hours); and 4:00 p.m. until 8:00 p.m. Thursday April 5 (4 hours).

(B) Spring Season: Entire Youngs Bay: 4:00 p.m. to 9:00 p.m. Thursday, April 19 (5 hours); 6:00 p.m. Tuesday April 24 to 6:00 a.m. Wednesday April 25 (12 hours); 6:00 p.m. Thursday April 26 to 6:00 a.m. Friday April 27 (12 hours); Sundays, Tuesdays, and Thursdays from 6:00 p.m. until noon the following day (18 hours) beginning Sunday, April 29 through Friday, May 11 and Mondays at noon through Fridays at noon (4 days), beginning Monday, May 14 through Friday, June 15 (20 days total).

(C) Summer Season: Entire Youngs Bay: 6:00 a.m. Wednesdays to 6:00 a.m. Fridays (48 hours) beginning Wednesday June 20 through Friday July 27 (12 fishing days).

(b) The fishing areas for the winter, spring and summer fisheries are: From February 12 through April 5 and from April 19 through July 27, the fishing area is identified as the waters of Youngs Bay from the Highway 101 Bridge upstream to the upper boundary markers at the confluence of the Klaskanine and Youngs rivers; except for those waters which are closed southerly of the alternate Highway 101 Bridge (Lewis and Clark River).

(2) Gill nets may not exceed 1,500 feet (250 fathoms) in length and weight may not exceed two pounds per any fathom. A red cork must be placed on the corkline every 25 fathoms as measured from the first mesh of the net. Red corks at 25-fathom intervals must be in color contrast to the corks used in the remainder of the net.

(a) It is unlawful to use a gill net having a mesh size that is less than 7-inches during the winter season. It is unlawful to use a gill net having a mesh size that is more than 9.75-inches during the spring and summer seasons.

(b) The use of additional weights or anchors attached directly to the leadline is allowed upstream of markers located approximately 200 yards upstream of the mouth of the Walluski River during all Youngs Bay commercial fisheries.

(c) Nets not specifically authorized for use in these areas may be onboard a vessel if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater.

(3) White sturgeon may not be possessed or sold by participating vessels during each calendar week (Sunday through Saturday) that the fisheries are open. During the fishing periods identified in subsections (1)(a)(A), (1)(a)(B) and (1)(a)(C), the weekly white sturgeon limit applies to combined possessions and sales for all open Select Area fisheries.

Stat. Auth.: ORS 183.325, 506.109 & 506.119
Stats. Implemented: ORS 506.129 & 507.030
Hist.: FWC 32-1979, f. & ef. 8-22-79; FWC 28-1980, f. & ef. 6-23-80; FWC 42-1980(Temp), f. & ef. 8-22-80; FWC 30-1981, f. & ef. 8-14-81; FWC 42-1981(Temp), f. & ef. 11-5-81; FWC 54-1982, f. & ef. 8-17-82; FWC 37-1983, f. & ef. 8-18-83; FWC 61-1983(Temp), f. & ef. 10-19-83; FWC 42-1984, f. & ef. 8-20-84; FWC 39-1985, f. & ef. 8-15-85; FWC 37-1986, f. & ef. 8-11-86; FWC 72-1986(Temp), f. & ef. 10-31-86; FWC 64-1987, f. & ef. 8-7-87; FWC 73-1988, f. & cert. ef. 8-19-88; FWC 55-1989(Temp), f. 8-7-89, cert. ef. 8-20-89; FWC 82-1990(Temp), f. 8-14-90, cert. ef. 8-19-90; FWC 86-1991, f. 8-7-91, cert. ef. 8-18-91; FWC 123-1991(Temp), f. & cert. ef. 10-21-91; FWC 30-1992(Temp), f. & cert. ef. 4-27-92; FWC 35-1992(Temp), f. 5-22-92, cert. ef. 5-25-92; FWC 74-1992 (Temp), f. 8-10-92, cert. ef. 8-16-92; FWC 28-1993(Temp), f. & cert. ef. 4-26-93; FWC 48-1993, f. 8-6-93, cert. ef. 8-9-93; FWC 21-1994(Temp), f. 4-22-94, cert. ef. 4-25-94; FWC 51-1994, f. 8-19-94, cert. ef. 8-22-94; FWC 64-1994(Temp), f. 9-14-94, cert. ef. 9-15-94; FWC 66-1994(Temp), f. & cert. ef. 9-20-94; FWC 27-1995, f. 3-29-95, cert. ef. 4-1-95; FWC 48-1995(Temp), f. & cert. ef. 6-5-95; FWC 66-1995, f. 8-22-95, cert. ef. 8-27-95; FWC 69-1995, f. 8-25-95, cert. ef. 8-27-95; FWC 8-1995, f. 2-28-96, cert. ef. 3-1-96; FWC 37-1996(Temp), f. 6-11-96, cert. ef. 6-12-96; FWC 41-1996, f. & cert. ef. 8-12-96; FWC 45-1996(Temp), f. 8-16-96, cert. ef. 8-19-96; FWC 54-1996(Temp), f. & cert. ef. 9-23-96; FWC 4-1997, f. & cert. ef. 1-30-97; FWC 47-1997, f. & cert. ef. 8-15-97; DFW 8-1998(Temp), f. & cert. ef. 2-5-98 thru 2-28-98; DFW 14-1998, f. & cert. ef. 3-3-98; DFW 18-1998(Temp), f. 3-9-98, cert. ef. 3-11-98 thru 3-31-98; DFW 60-1998(Temp), f. & cert. ef. 8-7-98 thru 8-21-98; DFW 67-1998, f. & cert. ef. 8-24-98; DFW 10-1999, f. & cert. ef. 2-26-99; DFW 52-1999(Temp), f. & cert. ef. 8-2-99 thru 8-6-99; DFW 55-1999, f. & cert. ef. 8-12-99; DFW 9-2000, f. & cert. ef. 2-25-00; DFW 42-2000, f. & cert. ef. 8-3-00; DFW 3-2001, f. & cert. ef. 2-6-01; DFW 66-2001(Temp), f. 8-2-01, cert. ef. 8-6-01 thru 8-14-01; DFW 76-2001(Temp), f. & cert. ef. 8-20-01 thru 10-31-01; DFW 106-2001(Temp), f. & cert. ef. 10-26-01 thru 12-31-01; DFW 15-2002(Temp), f. & cert. ef. 2-20-02 thru 8-18-02; DFW 82-2002(Temp), f. 8-5-02, cert. ef. 8-7-02 thru 9-1-02; DFW 96-2002(Temp), f. & cert. ef. 8-26-02 thru 12-31-02; DFW 12-2003, f. & cert. ef. 2-14-03; DFW 17-2003(Temp), f. 2-27-03, cert. ef. 3-1-03 thru 8-1-03; DFW 32-2003(Temp), f. & cert. ef. 4-23-03 thru 8-1-03; DFW 34-2003(Temp), f. & cert. ef. 4-24-03 thru 10-1-03; DFW 36-2003(Temp), f. 4-30-03, cert. ef. 5-1-03 thru 10-1-03; DFW 37-2003(Temp), f. & cert. ef. 5-7-03 thru 10-1-03; DFW 75-2003(Temp), f. & cert. ef. 8-1-03 thru 12-31-03; DFW 89-2003(Temp), f. 9-8-03, cert. ef. 9-9-03 thru 12-31-03; DFW 11-2004, f. & cert. ef. 2-13-04; DFW 19-2004(Temp), f. & cert. ef. 3-12-04 thru 3-31-04; DFW 22-2004(Temp), f. & cert. ef. 3-18-04 thru 3-31-04; DFW 28-2004(Temp), f. 4-8-04 cert. ef. 4-12-04 thru 4-15-04; DFW 39-2004(Temp), f. 5-5-04, cert.ef. 5-6-04 thru 7-31-04; DFW 44-2004(Temp), f. 5-17-04, cert. ef. 5-20-04 thru 7-31-04; DFW 79-2004(Temp), f. 8-2-04, cert. ef. 8-3-04 thru 12-31-04; DFW 109-2004(Temp), f. & cert. ef. 10-19-04 thru 12-31-04; DFW 6-2005, f. & cert. ef. 2-14-05; DFW 15-2005(Temp), f. & cert. ef. 3-10-05 thru 7-31-05; DFW 18-2005(Temp), f. & cert. ef. 3-15-05 thru 3-21-05; Administrative correction 4-20-05; DFW 27-2005(Temp), f. & cert. ef. 4-20-05 thru 6-15-05; DFW 28-2005(Temp), f. & cert. ef. 4-28-05 thru 6-16-05; DFW 37-2005(Temp), f. & cert. ef. 5-5-05 thru 10-16-05; DFW 40-2005(Temp), f. & cert. ef. 5-10-05 thru 10-16-05; DFW 46-2005(Temp), f. 5-17-05, cert. ef. 5-18-05 thru 10-16-05; DFW 73-2005(Temp), f. 7-8-05, cert. ef. 7-11-05 thru 7-31-05; DFW 77-2005(Temp), f. 7-14-05, cert. ef. 7-18-05 thru 7-31-05; DFW 85-2005(Temp), f. 8-1-05, cert. ef. 8-3-05 thru 12-31-05; DFW 109-2005(Temp), f. & cert. ef. 9-19-05 thru 12-31-05; DFW 110-2005(Temp), f. & cert. ef. 9-26-05 thru 12-31-05; DFW 116-2005(Temp), f. 10-4-05, cert. ef. 10-5-05 thru 12-31-05; DFW 120-2005(Temp), f. & cert. ef. 10-11-05 thru 12-31-05; DFW 124-2005(Temp), f. & cert. ef. 10-18-05 thru 12-31-05; Administrative correction 1-20-06; DFW 5-2006, f. & cert. ef. 2-15-06; DFW 14-2006(Temp), f. 3-15-06, cert. ef. 3-16-06 thru 7-27-06; DFW 15-2006(Temp), f. & cert. ef. 3-23-06 thru 7-27-06; DFW 17-2006(Temp), f. 3-29-06, cert. ef. 3-30-06 thru 7-27-06; DFW 29-2006(Temp), f. & cert. ef. 5-16-06 thru 7-31-06; DFW 32-2006(Temp), f. & cert. ef. 5-23-06 thru 7-31-06; DFW 35-2006(Temp), f. & cert. ef. 5-30-06 thru 7-31-06; DFW 52-2006(Temp), f. & cert. ef. 6-28-06 thru 7-27-06; DFW 73-2006(Temp), f. 8-1-06, cert. ef. 8-2-06 thru 12-31-06; DFW 103-2006(Temp), f. 9-15-06, cert. ef. 9-18-06 thru 12-31-06; DFW 119-2006(Temp), f. & cert. ef. 10-18-06 thru 12-31-06; Administrative correction 1-16-07; DFW 7-2007(Temp), f. 1-31-07, cert. ef. 2-1-07 thru 7-30-07; DFW 9-2007, f. & cert. ef. 2-14-07; DFW 13-2007(Temp), f. & cert. ef. 3-6-07 thru 9-1-07; DFW 16-2007(Temp), f. & cert. ef. 3-14-07 thru 9-9-07; DFW 25-2007(Temp), f. 4-17-07, cert. ef. 4-18-07 thru 7-26-07; DFW 45-2007(Temp), f. 6-15-07, cert. ef. 6-25-07 thru 7-31-07; DFW 50-2007(Temp), f. 6-29-07, cert. ef. 7-4-07 thru 7-31-07; DFW 61-2007(Temp), f. 7-30-07, cert. ef. 8-1-07 thru 10-31-07; DFW 108-2007(Temp), f. 10-12-07, cert. ef. 10-14-07 thru 12-31-07; Administrative correction 1-24-08; DFW 6-2008(Temp), f. 1-29-08, cert. ef. 1-31-08 thru 7-28-08; DFW 16-2008(Temp), f. 2-26-08, cert. ef. 3-2-08 thru 8-28-08; DFW 30-2008(Temp), f. 3-27-08, cert. ef. 3-30-08 thru 8-28-08; DFW 48-2008(Temp), f. & cert. ef. 5-12-08 thru 8-28-08; DFW 58-2008(Temp), f. & cert. ef. 6-4-08 thru 8-31-08; DFW 85-2008(Temp), f. 7-24-08, cert. ef. 8-1-08 thru 12-31-08; DFW 108-2008(Temp), f. 9-8-08, cert. ef. 9-9-08 thru 12-31-08; Administrative correction 1-23-09; DFW 12-2009(Temp), f. 2-13-09, cert. ef. 2-15-09 thru 7-31-09; DFW 24-2009(Temp), f. 3-10-09, cert. ef. 3-11-09 thru 7-31-09; DFW 49-2009(Temp), f. 5-14-09, cert. ef 5-17-09 thru 7-31-09; DFW 89-2009(Temp), f. 8-3-09, cert. ef. 8-4-09 thru 12-31-09; DFW 107-2009(Temp), f. 9-2-09, cert. ef. 9-5-09 thru 10-31-09; Administrative correction 11-19-09; DFW 17-2010(Temp), f. & cert. ef. 2-22-10 thru 7-31-10; DFW 20-2010(Temp), f. & cert. ef. 2-26-10 thru 7-31-10; DFW 30-2010(Temp), f. 3-11-10, cert. ef. 3-14-10 thru 7-31-10; DFW 35-2010(Temp), f. 3-23-10, cert. ef. 3-24-10 thru 7-31-10; DFW 40-2010(Temp), f. & cert. ef. 4-1-10 thru 7-31-10; DFW 46-2010(Temp), f. & cert. ef. 4-21-10 thru 7-31-10; DFW 53-2010(Temp), f. & cert. ef. 5-4-10 thru 7-31-10; DFW 57-2010(Temp), f. & cert. ef. 5-11-10 thru 7-31-10; DFW 69-2010(Temp), f. & cert. ef. 5-18-10 thru 7-31-10; DFW 113-2010(Temp), f. 8-2-10, cert. ef. 8-4-10 thru 10-31-10; DFW 129-2010(Temp), f. & cert. ef. 9-10-10 thru 10-31-10; Administrative correction 11-23-10; DFW 12-2011(Temp), f. 2-10-11, cert. ef. 2-13-11 thru 7-29-11; DFW 23-2011, f. & cert. ef. 3-21-11; DFW 32-2011(Temp), f. 4-20-11, cert. ef. 4-21-11 thru 7-29-11; DFW 35-2011(Temp), f. & cert. ef. 4-28-11 thru 7-29-11; DFW 46-2011(Temp), f. & cert. ef. 5-12-11 thru 7-29-11; DFW 52-2011(Temp), f. & cert. ef. 5-18-11 thru 7-29-11; DFW 76-2011(Temp), f. 6-24-11, cert. ef. 6-27-11 thru 7-29-11; DFW 106-2011(Temp), f. 8-2-11, cert. ef. 8-3-11 thru 10-31-11; DFW 121-2011(Temp), f. 8-29-11, cert. ef. 9-5-11 thru 10-31-11; Administrative correction, 11-18-11; DFW 12-2012(Temp), f. 2-8-12, cert. ef. 2-12-12 thru 7-31-12; DFW 24-2012(Temp), f. 3-15-12, cert. ef. 3-18-12 thru 7-31-12; DFW 26-2012(Temp), f. 3-20-12, cert. ef. 3-21-12 thru 7-31-12; DFW 27-2012(Temp), f. 3-27-12, cert. ef. 3-29-12 thru 7-31-12; DFW 28-2012(Temp), f. 3-30-12, cert. ef. 4-1-12 thru 7-31-12; DFW 30-2012(Temp), f. 4-4-12, cert. ef. 4-5-12 thru 7-31-12; DFW 36-2012(Temp), f. 4-16-12, cert. ef. 4-19-12 thru 7-31-12; DFW 82-2012(Temp), f. 6-29-12, cert. ef. 7-2-12 thru 7-31-12


 

Rule Caption: Allow Commercial Sales of Dressed Salmon and Steelhead by Columbia River Treaty Tribal Fishers.

Adm. Order No.: DFW 83-2012(Temp)

Filed with Sec. of State: 7-5-2012

Certified to be Effective: 7-5-12 thru 12-31-12

Notice Publication Date:

Rules Amended: 635-006-0212, 635-006-0215, 635-006-0225

Subject: These amended rules allow commercial sales of gilled and gutted Columbia River salmon and steelhead caught by Treaty tribal members to wholesale fish dealers, canners, and buyers. Amendments also require wholesale fish dealers, canners, and buyers to report in round weights on the Fish Receiving Ticket using a conversion factor 1.15.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-006-0212

Fish Receiving Ticket — Salmon

(1) This regulation is in addition to, and not in lieu of the provisions contained in OAR 635-006-0210.

(2) Fish receiving tickets shall be completed at time of landing and the original copy forwarded within four consecutive days following the landing to the Oregon Department of Fish and Wildlife.

(3) For troll-caught salmon, fish receiving tickets shall show the number of days fished during the trip in which the salmon were caught.

(4) It is lawful for licensed wholesale fish dealers, canners, or buyers to purchase from tribal fishers, referred to in OAR 635-041-0005, gilled and gutted Columbia River salmon lawfully taken by treaty Indians during commercial fishing seasons. The licensed wholesale dealer must submit round weights on the Fish Receiving Ticket by multiplying the weights of gilled and gutted salmon by the conversion factor listed in OAR 635-006-0215 for tribal Columbia River salmon and steelhead.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 506.129, 508.530 & 508.535
Stats. Implemented: ORS 506.109, 506.129, 508.025, 508.040 & 508.550
Hist.: FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; DFW 63-2003, f. & cert. ef. 7-17-03; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04; DFW 44-2006(Temp), f. & cert. ef. 6-19-06 thru 12-15-06; Administrative correction 12-16-06; DFW 79-2008(Temp) f. & cert. ef. 7-10-08 thru 12-31-08; Administrative correction 1-23-09; DFW 70-2009(Temp), f. 6-15-09, cert. ef. 6-16-09 thru 12-12-09; DFW 47-2010(Temp), f. 4-26-10, cert. ef. 4-27-10 thru 10-23-10; DFW 102-2011(Temp), f. 7-29-11, cert. ef. 8-1-11 thru 10-31-11; Administrative correction, 11-18-11; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12; DFW 83-2012(Temp), f. & cert. ef. 7-5-12 thru 12-31-12

635-006-0215

Monthly Remittance Report

(1) A monthly report is required of all licensed:

(a) Wholesale fish dealers, wholesale fish bait dealers, food fish canners, or shellfish canners receiving food fish or shellfish from licensed commercial fishers or bait fishers;

(b) Limited Fish Sellers selling food fish or shellfish.

(2) Except as provided in OAR 635-006-0220, the report is required even though no food fish or shellfish are received or sold during the calendar month covered by the report.

(3) The following information shall be included on the report:

(a) Fish dealer’s name, license number, and address;

(b) Calendar month of the report;

(c) Serial numbers of all Fish Receiving Tickets issued during the month;

(d) Total pounds of all salmon and steelhead received or sold during the calendar month on which poundage fees are due. Salmon and steelhead may be reported as round weight, dressed head on or dressed head off;

(e) Total value of salmon and steelhead received or sold during the calendar month including fish eggs and parts;

(f) Total value of all other food fish and shellfish including eggs and parts;

(g) Total pounds in the round of all other species of food fish or shellfish received or sold during the calendar month on which taxes are due. When landed in a dressed condition, the following listed species may be converted to round weight for the purposes of completing monthly reports, by multiplying each applicable below-listed factor by the dressed weight of that species:

(A) Troll salmon:

(i) Gilled and gutted 1.15

(ii) Gilled, gutted, and headed 1.30

(B) Tribal Columbia River salmon and steelhead trout: Gilled and gutted 1.15

(C) Halibut:

(i) Gilled and gutted 1.15

(ii) Gilled, gutted, and headed 1.35

(D) Sablefish, gutted and headed 1.60

(E) Pacific whiting:

(i) Fillet 2.86

(ii) Headed and gutted 1.56

(F) Thresher shark 2.0

(G) Lingcod:

(i) Gilled and gutted 1.1

(ii) Gilled, gutted and headed 1.5

(H) Spot prawn, tails 2.24

(I) Groundfish, glazed:

(i) Conversion factors must be calculated for each landing for each species or species group categorized in OAR 635-006-0209 when there are 60 or greater individuals of a category in a single landing as follows:

(I) Weigh a sample of at least 20 glazed fish to obtain the glazed weight;

(II) Completely remove glaze from individual fish making up the sample;

(III) Re-weigh the sample to obtain the non-glazed weight;

(IV) Divide the non-glazed weight by the glazed weight to obtain the conversion factor;

(V) A separate conversion factor may be calculated for each size grade of a species, but may only be applied to landings of that size grade;

(VI) Documentation of this calculation must be retained with the dock receiving ticket.

(ii) A conversion factor of 0.95 must be applied when there are fewer than 60 individuals of any species or species group categorized in OAR 635-006-0209 in a single landing.

(h) Total value of food fish landed in another state but not taxed by that state;

(i) Total pounds in the round of all food fish landed in another state but not taxed by that state;

(j) Total fees due — in accordance with ORS 508.505 the fees are the value of the food fish at the point of landing multiplied by the following rates:

(A) All salmon and steelhead, 3.15 percent;

(B) Effective January 1, 2005, all black rockfish, blue rockfish and nearshore fish (as defined by ORS 506.011), 5.00 percent.

(C) Effective January 1, 2010, all other food fish (except tuna, as defined by ORS 508.505), 2.25 percent.

(D) All tuna (as defined by ORS 508.505), 1.09 percent.

(k) Signature of the individual completing the report.

(4) The monthly report and all landing fees due shall be sent to the Department on or before the 20th of each month for the preceding calendar month. Landing fees are delinquent if not received or postmarked within 20 days after the end of the calendar month. A penalty charge of $5 or five percent of the landing fees due, whichever is larger, shall be assessed along with a one percent per month interest charge on any delinquent landing fee payments.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 506.129 & 508.530
Stats. Implemented: ORS 506.109, 506.129, 508.535, 508.505 & 508.550
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; FC 274(74-6), f. 3-20-74, ef. 4-11-74; FWC 28, f. 11-28-75, ef. 1-1-76, Renumbered from 625-040-0140; FWC 48-1978, f. & ef. 9-27-78, Renumbered from 635-036-0585; FWC 17-1981(Temp), f. & ef. 5-22-81; FWC 25-1981(Temp), f. 7-8-81, ef. 7-15-81; FWC 27-1981, f. & ef. 8-14-81; FWC 1-1986, f. & ef. 1-10-86; FWC 4-1987, f. & ef. 2-6-87; FWC 99-1987, f. & ef. 11-17-87; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 22-1992(Temp), f. 4-10-92, cert. ef. 4-13-92, FWC 53-1992, f. 7-17-92, cert. ef. 7-20-92; FWC 5-1993, f. 1-22-93, cert. ef. 1-25-93; DFW 38-1999, f. & cert. ef. 5-24-99; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04; DFW 118-2005(Temp), f. & cert. ef. 10-10-05 thru 12-31-05; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 79-2008(Temp) f. & cert. ef. 7-10-08 thru 12-31-08; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 70-2009(Temp), f. 6-15-09, cert. ef. 6-16-09 thru 12-12-09; DFW 73-2009(Temp), f. 6-24-09, cert. ef. 6-25-09 thru 12-21-09; Administrative correction 12-23-09; DFW 39-2010(Temp), f. 3-30-10, cert. ef. 4-1-10 thru 9-27-10; DFW 47-2010(Temp), f. 4-26-10, cert. ef. 4-27-10 thru 10-23-10; Administrative correction 11-23-10; DFW 157-2010, f. 12-6-10, cert. ef. 1-1-11; DFW 102-2011(Temp), f. 7-29-11, cert. ef. 8-1-11 thru 10-31-11; Administrative correction, 11-18-11; DFW 164-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12; DFW 83-2012(Temp), f. & cert. ef. 7-5-12 thru 12-31-12

635-006-0225

Purchase, Record, Report, and Sale of Steelhead Trout and Walleye from Treaty Indian Fisheries

(1) Steelhead trout and walleye lawfully taken by treaty Indians during commercial fishing seasons may be purchased by licensed wholesale fish dealers, canners, or buyers pursuant to restrictions set forth in sections (2) through (5) of this rule. In addition, steelhead trout and walleye taken lawfully by treaty Indians during commercial fishing seasons may be purchased and/or possessed by any individual pursuant to restrictions set forth in section (6) of this rule.

(2) The wholesale fish dealer, canner, or buyer, shall at the time of purchase, enter the purchase of steelhead trout and walleye on a Department Columbia River Fish Receiving Ticket. Information required to be entered on the Fish Receiving Ticket shall be the same as required by OAR 635-006-0210 through 635-006-0212 for each purchase of food fish.

(3) The record keeping and reporting requirements for food fish as set forth in OAR 635-006-0200 through 635-006-0215 shall apply to all steelhead trout and walleye purchases. The round weights of all gilled and gutted steelhead trout must be converted by the licensed wholesale fish dealer, canner, or buyer by using the conversion factor listed in 635-006-0215 for Tribal Columbia River salmon and steelhead trout.

(4) In addition to the records required in connection with the purchase of steelhead trout, and walleye, a record of all sales of steelhead trout and walleye shall be maintained by licensed wholesale fish dealers, canners, or buyers for a period of three years and shall be subject to inspection by the Department, the Director’s authorized agent or the Oregon State Police. Such record of sales shall include as a minimum:

(a) Name and address of each person to whom either steelhead or walleye are sold;

(b) Quantity in pounds of each sale identified as whole or round weight;

(c) Date of each delivery.

(5) It is unlawful for any wholesale fish dealer, canner, or buyer in possession of legally purchased steelhead trout or walleye from treaty Indians to sell or distribute such fish in Oregon except to another wholesale fish dealer, canner, or buyer.

(6) Steelhead trout and walleye taken lawfully by treaty Indians during commercial fishing seasons may be purchased from a treaty Indian and/or possessed by any individual so long as said fish are accompanied by a written document listing treaty Indian taker’s name, tribal enrollment number, number of fish, approximate weight of each fish, date and location where taken, date of sale, and purchaser’s name. It is unlawful for any individual other than a treaty Indian to sell steelhead trout or walleye. The provisions in this section apply to individuals other than licensed wholesale fish dealers, canners and buyers.

Stat. Auth.: ORS 506.036, 506.109, 506.119, 508.530 & 509.031
Stats. Implemented: ORS 498.022, 506.109, 506.129, 508.535 & 508.550
Hist.: FWC 39, f. & ef. 1-23-76, Renumbered from 625-040-0150, Renumbered from 635-036-0595; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 41-1995, f. 5-23-95, cert. ef. 5-24-95; FWC 51-1997(Temp), f. & cert. ef. 8-27-97; DFW 73-1998, f. & cert. ef. 8-28-98; DFW 32-2008(Temp), f. & cert. ef. 4-1-08 thru 9-27-08; DFW 79-2008(Temp) f. & cert. ef. 7-10-08 thru 12-31-08; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 70-2009(Temp), f. 6-15-09, cert. ef. 6-16-09 thru 12-12-09; Administrative correction 12-23-09; DFW 47-2010(Temp), f. 4-26-10, cert. ef. 4-27-10 thru 10-23-10; Administrative correction 11-23-10; DFW 102-2011(Temp), f. 7-29-11, cert. ef. 8-1-11 thru 10-31-11; Administrative correction, 11-18-11; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12; DFW 83-2012(Temp), f. & cert. ef. 7-5-12 thru 12-31-12


 

Rule Caption: Spring Pacific Ocean Sport Halibut All-Depth Season Closure from Cape Falcon to Humbug Mountain.

Adm. Order No.: DFW 84-2012(Temp)

Filed with Sec. of State: 7-5-2012

Certified to be Effective: 7-5-12 thru 8-2-12

Notice Publication Date:

Rules Amended: 635-039-0085

Subject: Amended rule closes the all-depth spring sport fishery for Pacific halibut in the area between Cape Falcon and Humbug Mountain, Oregon at 11:59 p.m. on Thursday, July 5 due to the projected attainment of the pre-season quota of 120,821 pounds on June 30, 2012. This rule is consistent with regulations previously implemented by the federal government and the International Pacific Halibut Commission for the 2012 Oregon sport fishery for Pacific halibut.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-039-0085

Halibut Seasons

(1) The Pacific halibut sport fishery in Oregon is regulated by the federal government and the International Pacific Halibut Commission (IPHC). OAR chapter 635, division 39 incorporates into Oregon Administrative Rules, by reference:

(a) Title 50 of the Code of Federal Regulations, Part 300, Subpart E (October 1, 2012 ed.), as amended; and

(b) Federal Register Vol. 77, No. 56, dated March 22, 2012 (77FR 16740).

(2) Therefore, persons must consult all publications referenced in this rule in addition to division 39 to determine applicable halibut fishing seasons.

(3) Effective 11:59 p.m., Thursday, July 5, 2012 the Central Oregon Coast Subarea (Cape Falcon to Humbug Mountain) spring all-depth season is closed to the retention of Pacific halibut.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 496.162 & 506.129
Hist.: DFW 56-2005, f. 6-21-05, cert. ef. 7-1-05; DFW 89-2005(Temp), f. & cert. ef. 8-12-05 thru 12-12-05; DFW 107-2005(Temp), f. 9-14-05, cert. ef. 9-15-05 thru 10-31-05; DFW 121-2005(Temp), f. 10-12-05, cert. ef. 10-18-05 thru 12-31-05; Administrative correction 1-19-06; DFW 34-2006(Temp), f. 5-25-06, cert. ef. 5-27-06 thru 8-3-06; Administrative correction 8-22-06; DFW 3-2007, f. & cert. ef. 1-12-07; DFW 35-2007(Temp), f. 5-25-07, cert. ef. 5-26-07 thru 8-2-07; DFW 67-2007(Temp), f. 8-9-07, cert. ef. 8-12-07 thru 9-30-07; DFW 76-2007(Temp), f. 8-17-07, cert. ef. 8-24-07 thru 9-30-07; DFW 84-2007(Temp), f. 9-5-07, cert. ef. 9-15-07 thru 9-30-07; DFW 87-2007(Temp), f. 9-10-07, cert. ef. 9-14-07 thru 10-28-07; DFW 90-2007(Temp), f. 9-19-07, cert ef. 9-20-07 thru 10-31-07; Administrative corection 11-17-07; DFW 57-2008(Temp), f. 5-30-08, cert. ef. 6-1-08 thru 7-31-08; DFW 81-2008(Temp), f. 7-11-08, cert. ef. 8-2-08 thru 9-30-08; DFW 92-2008(Temp), f. & cert. ef. 8-11-08 thru 9-30-08; DFW 101-2008(Temp), f.8-25-08, cert. ef. 8-29-08 thru 9-30-08; DFW 107-2008(Temp), f. 9-5-08, cert. ef. 9-7-08 thru 12-31-08; DFW 111-2008(Temp), f. & cert. ef. 9-16-08 thru 12-31-08; DFW 120-2008(Temp), f. 9-25-08, cert. ef. 9-27-08 thru 12-31-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 39-2009, f. & cert. ef. 4-27-09; DFW 55-2009(Temp), f. & cert. ef. 5-22-09 thru 8-6-09; DFW 94-2009(Temp), f. 8-14-09, cert. ef. 8-16-09 thru 12-31-09; Administrative correction 1-25-10; DFW 32-2010, f. & cert. ef. 3-15-10; DFW 37-2010, f. 3-30-10, cert. ef. 4-1-10; DFW 100-2010(Temp), f. 7-15-10, cert. ef. 7-17-10 thru 10-31-10; DFW 118-2010(Temp), f. & cert. ef. 8-13-10 thru 10-31-10; Administrative correction 11-23-10; DFW 24-2011, f. & cert. ef. 3-22-11; DFW 58-2011(Temp), f. 5-27-11, cert. ef. 6-4-11 thru 8-4-11; DFW 82-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 8-4-11; DFW 85-2011(Temp), f. 7-5-11, cert. ef. 7-6-11 thru 10-31-11; DFW 114-2011(Temp), f. & cert. ef. 8-12-11 thru 10-31-11; DFW 135-2011(Temp), f. 9-21-11, cert. ef. 10-1-11 thru 12-31-11; DFW 39-2012, f. & cert. ef. 4-24-12; DFW 84-2012(Temp), f. & cert. ef. 7-5-12 thru 8-2-12


 

Rule Caption: 2012 Columbia River Summer Recreational Salmon Fisheries Modified.

Adm. Order No.: DFW 85-2012(Temp)

Filed with Sec. of State: 7-6-2012

Certified to be Effective: 7-9-12 thru 8-31-12

Notice Publication Date:

Rules Amended: 635-023-0128

Rules Suspended: 635-023-0125(T), 635-023-0128(T)

Subject: This amended rule modifies the summer recreational salmon fishing seasons in the Columbia River. Modifications close the area from Bonneville Dam upstream to the Highway 395 Bridge in Pasco, Washington to retention of sockeye salmon due to the projected attainment of the harvest guideline for this fishery as allowed under the ESA and U.S. v OR Management Agreement.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-023-0125

Spring Sport Fishery

(1) The 2012 Oregon Sport Fishing Regulations provide requirements for the Columbia River Zone and the Snake River Zone. However, additional regulations may be adopted in this rule division from time to time, and, to the extent of any inconsistency, they supersede the 2012 Oregon Sport Fishing Regulations.

(2) The Columbia River is open from January 1 through February 29 and May 26 through May 27 from the mouth at Buoy 10 upstream to Beacon Rock with the following restrictions:

(a) Adipose fin-clipped Chinook salmon and adipose fin-clipped steelhead may be retained.

(b) All non-adipose fin-clipped Chinook salmon and non-adipose fin-clipped steelhead must be released immediately unharmed.

(c) Catch limits of two adult adipose fin-clipped salmon or two adult adipose fin-clipped steelhead in combination, but only one may be a Chinook, may be retained per day. Catch limits for jacks remain in effect as per the 2012 Oregon Sport Fishing Regulations.

(3) Effective through June 15, 2012, in Oregon and Washington Select Areas the hatchery adult Chinook daily bag limit will be the same as the adjacent mainstem Columbia River when the mainstem is open for adult Chinook retention. When the adjacent mainstem Columbia River is closed for adult retention, the salmon daily limit will revert to permanent rules.

(4) Effective May 16 through July 31, 2012, only single-point hooks are allowed when angling at Cascade Locks in the area between the boat ramp at the lower end of the locks upstream to the east (upstream) end of the lock wall.

(5) Retention of sockeye salmon is allowed:

(a) May 16 through June 15 from a line projected from Rocky Point on the Washington shore through red buoy #44 to the navigation light at Tongue Point upstream to the I-5 Bridge;

(b) June 16 through July 1 from Astoria-Megler Bridge upstream to Bonneville Dam;

(c) June 16 through July 31 from Bonneville Dam upstream to the OR/WA border; and

(d) All sockeye salmon count as an adult salmonid in the daily limit regardless of size.

(6) The Columbia River is open May 19 and May 20 from the Tower Island power lines (approximately 6 miles below The Dalles Dam) upstream to the Oregon/Washington border; plus the Oregon and Washington banks between Bonneville Dam and the Tower Island power lines.

(a) Adipose fin-clipped Chinook salmon and adipose fin-clipped steelhead may be retained.

(b) All non-adipose fin-clipped Chinook salmon and non-adipose fin-clipped steelhead must be released immediately unharmed.

(c) Catch limits of two adult adipose fin-clipped salmon or two adult adipose fin-clipped steelhead may be retained per day. Catch limits for jacks remain in effect as per the 2012 Oregon Sport Fishing Regulations.

(7) For the mainstem Columbia River salmon and steelhead fishery upstream of the Rocky Point-Tongue Point line to the Oregon/Washington border effective through June 15 it is unlawful when fishing from vessels which are less than 30 feet in length, substantiated by Coast Guard documentation or Marine Board registration, to totally remove from the water any salmon or steelhead required to be released.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.138, 496.146 & 506.119
Stats. Implemented: ORS 496.162 & 506.129
Hist.: DFW 11-2004, f. & cert. ef. 2-13-04; DFW 17-2004(Temp), f. & cert. ef. 3-10-04 thru 7-31-04; DFW 29-2004(Temp), f. 4-15-04, cert. ef. 4-22-04 thru 7-31-04; DFW 30-2004(Temp), f. 4-21-04, cert. ef. 4-22-04 thru 7-31-04; DFW 36-2004(Temp), f. 4-29-04, cert. ef. 5-1-04 thru 7-31-04; DFW 39-2004(Temp), f. 5-5-04, cert.ef. 5-6-04 thru 7-31-04; DFW 44-2004(Temp), f. 5-17-04, cert. ef. 5-20-04 thru 7-31-04; DFW 51-2004(Temp), f. 6-9-04, cert. ef. 6-16-04 thru 7-31-04; Administrative correction 8-19-04; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 6-2005, f. & cert. ef. 2-14-05; DFW 27-2005(Temp), f. & cert. ef. 4-20-05 thru 6-15-05; DFW 35-2005(Temp), f. 5-4-05, cert. ef. 5-5-05 thru 10-16-05; DFW 38-2005(Temp), f. & cert. ef. 5-10-05 thru 10-16-05; DFW 44-2005(Temp), f. 5-17-05, cert. ef. 5-22-05 thru 10-16-05; DFW 51-2005(Temp), f. 6-3-05, cert. ef. 6-4-05 thru 7-31-05; Administrative correction 11-18-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 5-2006, f. & cert. ef. 2-15-06; DFW 21-2006(Temp), f. 4-13-06, cert. ef. 4-14-06 thru 5-15-06; DFW 27-2006(Temp), f. 5-12-06, cert. ef. 5-13-06 thru 6-15-06; DFW 29-2006(Temp), f. & cert. ef. 5-16-06 thru 7-31-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 7-2007(Temp), f. 1-31-07, cert. ef. 2-1-07 thru 7-30-07; DFW 9-2007, f. & cert. ef. 2-14-07; DFW 28-2007(Temp), f. & cert. ef. 4-26-07 thru 7-26-07; DFW 33-2007(Temp), f. 5-15-07, cert. ef. 5-16-07 thru 7-30-07; DFW 37-2007(Temp), f. & cert. ef. 5-31-07 thru 7-30-07; DFW 39-2007(Temp), f. 6-5-07, cert. ef. 6-6-07 thru 7-31-07; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 13-2008(Temp), f. 2-21-08, cert. ef. 2-25-08 thru 8-22-08; DFW 17-2008(Temp), f. & cert. ef. 2-27-08 thru 8-22-08; DFW 35-2008(Temp), f. 4-17-08, cert. ef. 4-21-08 thru 8-22-08; DFW 49-2008(Temp), f. & cert. ef. 5-13-08 thru 6-15-08; Administrative correction 7-22-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 10-2009(Temp), f. 2-13-09, cert. ef. 3-1-09 thru 6-15-09; DFW 18-2009, f. & cert. ef. 2-26-09; DFW 48-2009(Temp), f. 5-14-09, cert. ef. 5-15-09 thru 6-16-09; DFW 68-2009(Temp), f. 6-11-09, cert. ef. 6-12-09 thru 6-16-09; Administrative correction 7-21-09; DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10; DFW 19-2010(Temp), f. 2-26-10, cert. ef. 3-1-10 thru 8-27-10; DFW 23-2010(Temp), f. & cert. ef. 3-2-10 thru 8-27-10; DFW 45-2010(Temp), f. 4-21-10, cert. ef. 4-24-10 thru 7-31-10; DFW 49-2010(Temp), f. 4-27-10, cert. ef. 4-29-10 thru 7-31-10; DFW 55-2010(Temp), f. 5-7-10, cert. ef. 5-8-10 thru 7-31-10; Suspended by DFW 88-2010(Temp), f. 6-25-10, cert. ef. 6-26-10 thru 7-31-10; Administrative correction 8-18-10; DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11; DFW 13-2011(Temp), f. & cert. ef. 2-14-11 thru 6-15-11; DFW 28-2011(Temp), f. 4-7-11, cert. ef. 4-8-11 thru 6-15-11; DFW 30-2011(Temp), f. 4-15-11, cert. ef. 4-16-11 thru 6-15-11; DFW 33-2011(Temp), f. & cert. ef. 4-21-11 thru 6-15-11; DFW 39-2011(Temp), f. 5-5-11, cert. ef. 5-7-11 thru 6-15-11; DFW 48-2011(Temp), f. 5-13-11, cert. ef. 5-15-11 thru 6-15-11; DFW 55-2011(Temp), f. 5-25-11, cert. ef. 5-27-11 thru 6-15-11; DFW 59-2011(Temp), f. & cert. ef. 6-2-11 thru 6-15-11; Administrative correction 6-28-11; DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 8-2012(Temp), f. 2-6-12, cert. ef. 2-15-12 thru 6-15-12; DFW 31-2012(Temp), f. 4-5-12, cert. ef. 4-6-12 thru 6-15-12; DFW 33-2012(Temp), f. 4-12-12, cert. ef. 4-14-12 thru 6-15-12; DFW 45-2012(Temp), f. 5-1-12, cert. ef. 5-2-12 thru 7-31-12; DFW 47-2012(Temp), f. 5-15-12, cert. ef. 5-16-12 thru 7-31-12; DFW 49-2012(Temp), f. 5-18-12, cert. ef. 5-19-12 thru 7-31-12; DFW 51-2012(Temp), f. 5-23-12, cert. ef. 5-26-12 thru 7-31-12; Suspended by DFW 85-2012(Temp), f. 7-6-12, cert. ef. 7-9-12 thru 8-31-12

635-023-0128

Summer Sport Fishery

(1) The 2012 Oregon Sport Fishing Regulations provide requirements for the Columbia River Zone and the Snake River Zone. However, additional regulations may be adopted in this rule division from time to time, and, to the extent of any inconsistency, they supersede the 2012 Oregon Sport Fishing Regulations.

(2) Notwithstanding all other specifications and restrictions in the 2012 Oregon Sport Fishing Regulations:

(a) Effective June 16 through July 1 the mainstem Columbia River is open to the retention of adipose fin-clipped jack Chinook, adipose fin-clipped adult Chinook and sockeye salmon from the Astoria-Megler Bridge upstream to the Bonneville Dam.

(b) Effective June 15 through July 31 the mainstem Columbia River is open to the retention of adipose fin-clipped adult Chinook salmon from Bonneville Dam upstream to the Oregon/Washington border.

(c) Effective June 15 through July 8 the mainstem Columbia River is open to the retention of sockeye salmon from Bonneville Dam upstream to the Oregon/Washington border.

(d) The combined daily bag limit for adult salmon and steelhead is two fish. Only adipose fin-clipped Chinook and steelhead may be retained. All sockeye salmon count as an adult salmonid in the daily limit regardless of size.

(3) Effective through July 31, 2012, only single-point hooks are allowed when angling at Cascade Locks in the area between the boat ramp at the lower end of the locks upstream to the east (upstream) end of the lock wall.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.138, 496.146 & 506.119
Stats. Implemented: ORS 496.162 & 506.129
Hist.: DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 52-2005(Temp), f. 6-3-05, cert. ef. 6-16-05 thru 7-31-05; DFW 64-2005(Temp), f. 6-30-05, cert. ef. 7-1-05 thru 7-31-05; Administrative correction 8-17-05; DFW 26-2006(Temp), f. 4-20-06, cert. ef. 5-1-06 thru 10-27-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 24-2007, f. 4-16-07, cert. ef. 5-1-07; DFW 51-2007(Temp), f. 6-29-07, cert. ef. 7-2-07 thru 7-31-07; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 36-2008, f. 4-21-08, cert. ef. 5-1-08; DFW 61-2008(Temp), f. 6-13-08, cert. ef. 6-16-08 thru 7-31-08; DFW 68-2008(Temp), f. 6-20-08, cert. ef. 6-21-08 thru 8-31-08; DFW 71-2008(Temp), f. 6-27-08, cert. ef. 6-28-08 thru 8-31-08; Administrative correction 9-29-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 52-2009, f. & cert. ef. 5-18-09; DFW 69-2009(Temp), f. 6-11-09, cert. ef. 6-16-09 thru 7-31-09; Administrative correction 8-21-09; DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10; DFW 77-2010, f. 6-8-10, cert. ef. 6-16-10; DFW 88-2010(Temp), f. 6-25-10, cert. ef. 6-26-10 thru 7-31-10; Administrative correction 8-18-10; DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11; DFW 65-2011(Temp), f. 6-14-11, cert. ef. 6-16-11 thru 7-31-11; DFW 95-2011(Temp), f. 7-15-11, cert. ef. 7-18-11 thru 7-31-11; Administrative correction 9-23-11; DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 64-2012(Temp), f. 6-12-12, cert. ef. 6-16-12 thru 7-31-12; DFW 85-2012(Temp), f. 7-6-12, cert. ef. 7-9-12 thru 8-31-12


 

Rule Caption: Sport Chinook Fisheries on the Wallowa River Close.

Adm. Order No.: DFW 86-2012(Temp)

Filed with Sec. of State: 7-10-2012

Certified to be Effective: 7-15-12 thru 9-1-12

Notice Publication Date:

Rules Amended: 635-019-0090

Rules Suspended: 635-019-0090(T)

Subject: This amended rule closes the recreational spring Chinook fishery on the Wallowa River effective 11:59 p.m. Sunday, July 15, 2012.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-019-0090

Inclusions and Modifications

(1) The 2012 Oregon Sport Fishing Regulations provide requirements for the Northeast Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the 2012 Oregon Sport Fishing Regulations.

(2) Lookingglass Creek from the Moses Creek Lane Bridge (County Road 42) to the confluence of Jarboe Creek is open to angling for adipose fin-clipped adult Chinook salmon from 12:01 a.m. Friday, June 22 through 11:59 p.m. Monday, June 25, 2012.

(a) The daily bag limit is two (2) adipose fin-clipped adult Chinook and five (5) adipose fin-clipped jacks; two daily limits in possession. It is illegal to continue fishing for jack Chinook once the adult bag limit is met.

(b) During the duration of the spring Chinook angling season, the area closure listed for Lookinglass Creek in the Northeast Zone Special Regulations is modified to: Lookingglass Creek closed between Jarboe Creek and 200 feet upstream of the hatchery water intake.

(c) Hook gap restrictions listed in the Northeast Zone Special Regulations for Lookingglass Creek are removed for the duration of the spring Chinook angling season.

(d) All other General, Statewide and Northeast Zone Regulations, as provided in the 2012 Oregon Sport Fishing Regulations, remain in effect.

(3) Catherine Creek from the Miller Lane Bridge to the Highway 203 Bridge, located upstream of Catherine Creek State Park, is open to angling for adipose fin-clipped adult Chinook salmon from May 26 through June 30, 2012.

(a) The daily bag limit is two (2) adipose fin-clipped adult Chinook and five (5) adipose fin-clipped jacks; two daily limits in possession. It is illegal to continue fishing for jack Chinook once the adult bag limit is met.

(b) All other General, Statewide and Northeast Zone Regulations, as provided in the 2012 Oregon Sport Fishing Regulations, remain in effect.

(4) The Imnaha River from the mouth to Summit Creek Bridge (River Mile 45) is open to angling for adipose fin-clipped adult Chinook salmon from June 9 until June 27, 2012.

(a) The daily bag limit is two (2) adipose fin-clipped adult Chinook and five (5) adipose fin-clipped jacks; two daily jack salmon limits in possession. It is illegal to continue fishing for jack Chinook once the adult bag limit is met.

(b) All other General, Statewide and Northeast Zone Regulations, as provided in the 2012 Oregon Sport Fishing Regulations, remain in effect.

(5) The Wallowa River from a deadline at the lower end of Minam State Park upstream to the confluence with the Lostine River is open to angling for adipose fin-clipped adult Chinook salmon from June 9 until July 15, 2012.

(a) The daily bag limit is two (2) adipose fin-clipped adult Chinook and five (5) adipose fin-clipped jacks; two daily jack salmon limits in possession. It is illegal to continue fishing for jack Chinook once the adult bag limit is met.

(b) All other General, Statewide and Northeast Zone Regulations, as provided in the 2012 Oregon Sport Fishing Regulations, remain in effect.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496.138, 496.146 & 506.119
Stats. Implemented: 496.162 & 506.129
Hist.: FWC 82-1993, f. 12-22-93, cert. ef. 1-1-94; FWC 57-1994(Temp), f. 8-30-94, cert. ef. 10-1-94; FWC 22-1995, f. 3-7-95, cert. ef. 3-10-95; FWC 70-1995, f. 8-29-95, cert. ef. 9-1-95; FWC 77-1995, f. 9-13-95, cert. ef. 1-1-96; FWC 27-1996(Temp), f. 5-24-96, cert. ef. 5-25-96; FWC 57-1996(Temp), f. 9-27-96, cert. ef. 10-1-96; FWC 72-1996, f. 12-31-96, cert. ef. 1-1-97; FWC 26-1997(Temp), f. 4-23-97, cert. ef. 5-17-97; FWC 75-1997, f. 12-31-97, cert. ef. 1-1-98; DFW 13-1998(Temp), f. & cert. ef. 2-26-98 thru 4-15-98; DFW 100-1998, f. 12-23-98, cert. ef. 1-1-99; DFW 5-1999(Temp), f. 2-5-99, cert. ef. 2-6-99 thru 2-19-99; DFW 8-1999(Temp), f. & cert. ef. 2-23-99 thru 4-15-99; DFW 37-1999(Temp), f. 5-24-99, cert. ef. 5-29-99 thru 6-5-99; DFW 43-1999(Temp), f. & cert. ef. 6-10-99 thru 6-13-99; DFW 45-1999(Temp), f. & cert. ef. 6-14-99 thru 6-20-99; DFW 96-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 17-2000(Temp), f. 4-10-00, cert. ef. 4-16-00 thru 6-30-00; DFW 64-2000(Temp), f. 9-21-00, cert. ef. 9-22-00 thru 3-20-01; DFW 83-2000(Temp), f. 12-28-00, cert. ef. 1-1-01 thru 1-31-01; DFW 1-2001, f. 1-25-01, cert. ef. 2-1-01; DFW 5-2001(Temp), f. 2-22-01, cert. ef. 2-24-01 thru 4-15-01; DFW 39-2001(Temp) f. 5-23-01, cert. ef. 5-26-01 thru 7-1-01; DFW 40-2001(Temp) f. & cert. ef. 5-24-01 thru 11-20-01; DFW 45-2001(Temp), f. 6-1-01, cert. ef. 6-2-01 thru 7-31-01; DFW 49-2001(Temp), f. 6-19-01, cert. ef. 6-22-01 thru 7-31-01; DFW 70-2001, f. & cert. ef. 8-10-01; DFW 71-2001(Temp), f. 8-10-01, cert. ef. 9-1-01 thru 12-31-01; DFW 96-2001(Temp), f. 10-4-01, cert. ef. 12-1-01 thru 12-31-01; DFW 122-2001(Temp), f. & cert. ef. 12-31-01 thru 5-31-02; DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02; DFW 26-2002, f. & cert. ef. 3-21-02; DFW 52-2002(Temp), f. 5-22-02, cert. ef. 5-26-02 thru 7-1-02; DFW 53-2002(Temp), f. 5-24-02, cert. ef. 5-26-02 thru 7-1-02; DFW 57-2002(Temp), f. & cert. ef. 5-30-02 thru 7-1-02; DFW 91-2002(Temp) f. 8-19-02, cert. ef 8-20-02 thru 11-1-02 (Suspended by DFW 101-2002(Temp), f. & cert. ef. 10-3-02 thru 11-1-02); DFW 130-2002, f. 11-21-02, cert. ef. 1-1-03; DFW 44-2003(Temp), f. 5-23-03, cert. ef. 5-28-03 thru 7-1-03; DFW 48-2003(Temp), f. & cert. ef. 6-5-03 thru 7-1-03; DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04; DFW 40-2004(Temp), f. 5-7-04, cert. ef. 5-13-04 thru 7-1-04; DFW 46-2004(Temp), f. 5-21-04, cert. ef. 5-22-04 thru 7-1-04; DFW 55-2004(Temp), f. 6-16-04, cert. ef. 6-19-04 thru 7-5-04; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 42-2005(Temp), f. & cert. ef. 5-13-05 thru 9-1-05; DFW 61-2005(Temp), f. 6-22-05, cert. ef. 6-25-05 thru 7-4-05; Administrative correction 7-20-05; DFW 99-2005(Temp), f. 8-24-05, cert. ef. 8-26-05 thru 9-30-05; Administrative correction 10-19-05; DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 28-2006(Temp), f. & cert. ef. 5-15-06 thru 6-30-06; DFW 33-2006(Temp), f. 5-24-06, cert. ef. 5-25-06 thru 6-30-06; Administrative correction 7-21-06; DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07; DFW 12-2007(Temp), f. 2-28-07, cert. ef. 3-1-07 thru 8-27-07; DFW 30-2007(Temp), f. 5-9-07, cert. ef. 5-10-07 thru 9-30-07; DFW 34-2007(Temp), f. 5-25-07, cert. ef. 5-26-07 thru 9-30-07; Administrative correction 10-16-07; DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08; DFW 56-2008(Temp), f. 5-30-08, cert. ef. 5-31-08 thru 6-30-08; DFW 76-2008(Temp), f. & cert. ef. 7-9-08 thru 9-1-08; DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09; DFW 128-2009(Temp), f. 10-12-09, cert. ef. 10-18-09 thru 4-15-10; DFW 131-2009(Temp), f. 10-14-09, cert. ef. 10-18-09 thru 4-15-10; DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10; DFW 54-2010(Temp), f. 5-6-10, cert. ef. 5-22-10 thru 9-1-10; DFW 95-2010(Temp), f. 7-1-10, cert. ef. 7-11-10 thru 9-1-10; DFW 102-2010(Temp), f. 7-20-10, cert. ef 7-25-10 thru 9-1-10; Administrative correction 9-22-10; DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11; DFW 49-2011(Temp), f. 5-16-11, cert. ef. 5-28-11 thru 9-1-11; DFW 64-2011(Temp), f. 6-10-11, cert. ef. 6-13-11 thru 9-1-11; DFW 90-2011(Temp), f. & cert. ef. 7-11-11 thru 9-1-11; DFW 92-2011(Temp), f. 7-12-11, cert. ef. 7-16-11 thru 10-31-11; DFW 99-2011(Temp), f. 7-21-11, cert. ef. 7-23-11 thru 9-1-11; DFW 104-2011(Temp), f. 8-1-11, cert. ef. 8-7-11 thru 9-1-11; Administrative correction 9-23-11; DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 48-2012(Temp), f. 5-18-12, cert. ef. 5-23-12 thru 9-1-12; DFW 50-2012(Temp), f. 5-22-12, cert. ef. 5-24-12 thru 9-1-12; DFW 61-2012(Temp), f. & cert. ef. 6-11-12 thru 8-31-12; DFW 69-2012(Temp), f. 6-20-12, cert. ef. 6-22-12 thru 9-1-12; DFW 70-2012(Temp), f. 6-26-12, cert. ef. 6-27-12 thru 9-1-12; DFW 72-2012(Temp), f. 6-29-12, cert. ef. 7-1-12 thru 8-31-12; DFW 86-2012(Temp), f. 7-10-12, cert. ef. 7-15-12 thru 9-1-12


 

Rule Caption: Columbia River Mainstem Treaty Indian Summer Commercial Fisheries Close.

Adm. Order No.: DFW 87-2012(Temp)

Filed with Sec. of State: 7-11-2012

Certified to be Effective: 7-12-12 thru 8-31-12

Notice Publication Date:

Rules Amended: 635-041-0045, 635-041-0072, 635-041-0076

Rules Suspended: 635-041-0045(T), 635-041-0072(T), 635-041-0076(T)

Subject: Rule modifications close the Treaty tribal summer commercial fisheries in the Columbia River effective at 6:00 p.m. Thursday, July 12, 2012. Revisions are consistent with action taken July 11, 2012 by the Columbia River Compact agencies of Oregon and Washington in cooperation with the Columbia River Treaty Tribes.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-041-0045

Closed Commercial Fishing Areas

Unless otherwise specified in this rule and OAR 635-041-0063, the following waters are closed to commercial fishing:

(1) All Oregon tributaries of the Columbia River.

(2) The Columbia River westerly and downstream of the Bridge of the Gods except:

(a) Fisheries conducted by the Yakama, Warm Springs, Nez Perce and Umatilla tribes downstream of Bonneville Dam (bank fishing only) under provisions of the agreements with the states of Oregon and Washington are open until further notice.

(A) Effective 6:00 a.m. July 1, through 6:00 p.m. Thursday, July 12, 2012, commercial sales of Chinook, steelhead, sockeye, coho, walleye, shad, yellow perch, catfish, bass and carp are allowed. Sturgeon caught in the tribal fisheries below Bonneville Dam may not be retained or sold. Fish may not be sold on USACE property below Bonneville Dam, but may be caught and transported off USACE property for sale.

(B) Gear is restricted to subsistence fishing gear which includes hoopnets, dipnets, spears, gaffs, clubs, fouling hooks and rod and reel with hook-and-line.

(C) Salmon, steelhead, walleye, shad, carp, bass, catfish and yellow perch landed during an open treaty commercial fishing period may be sold at any time.

(b) Platform and hook-and-line fisheries from the Bridge of the Gods downstream to the subsistence fishing deadline as described in OAR 635-041-0020(1) are open to commercial sales whenever sales are authorized for platform and hook-and-line fisheries in the remainder of Bonneville Pool.

(3) The Columbia River easterly and upstream of a line extending at a right angle across the thread of the river from a deadline marker one mile downstream of McNary Dam.

(4) The Columbia River between a line extending at a right angle across the thread of the river from a deadline marker at the west end of 3-Mile Rapids located approximately 1.8 miles below The Dalles Dam, upstream to a line from a deadline marker on the Oregon shore located approximately 3/4 mile above The Dalles Dam east fishway exit, thence at a right angle to the thread of the river to a point in midriver, thence downstream to Light “1” on the Washington shore; except that dip nets, bag nets, and hoop nets are permitted during commercial salmon and shad fishing seasons at the Lone Pine Indian fishing site located immediately above The Dalles Interstate Bridge.

(5) The Columbia River between a line extending at a right angle across the thread of the river from a deadline marker at Preachers Eddy light below the John Day Dam and a line approximately 4.3 miles upstream extending from a marker on the Oregon shore approximately one-half mile above the upper easterly bank of the mouth of the John Day River, Oregon, extending at a right angle across the thread of the river to a point in midriver, thence turning downstream to a marker located on the Washington shore approximately opposite the mouth of the John Day River.

(6) The Columbia River within areas at and adjacent to the mouths of the Deschutes River and the Umatilla River. The closed areas are along the Oregon side of the Columbia River and extend out to the midstream from a point one-half mile above the intersection of the upper bank of the tributary with the Columbia River to a point one mile downstream from the intersection of the lower bank of the tributary with the Columbia River. All such points are posted with deadline markers.

(7) The Columbia River within an area and adjacent to the mouth of the Big White Salmon River. The closed area is along the Washington side of the Columbia River and extends out to midstream at right angles to the thread of the Columbia River between a marker located 1/2 mile downstream from the west bank upstream to Light “35”.

(8) The Columbia River within an area at and adjacent to the mouth of Drano Lake (Little White Salmon River). The closed area is along the Washington side of the Columbia River and extends out to midstream at right angles to the thread of the Columbia River between Light “27” upstream to a marker located approximately 1/2 mile upriver of the outlet of Drano Lake.

(9) The Columbia River within an area and adjacent to the mouth of the Wind River. The closed area is along the Washington side of the Columbia River and extends to midstream at right angles to the thread of the Columbia River between markers located 1 1/4 miles downstream from the west bank and 1/2 mile upstream from the east bank.

(10) The Columbia River within areas at and adjacent to the mouth of Hood River. The closed area is along the Oregon side of the Columbia River and extends to midstream at right angles to the thread of the Columbia River between markers located approximately 0.85 miles downriver from the west bank at end of the breakwall at the west end of the Port of Hood River and 1/2 mile upriver from the east bank.

(11) The Columbia River within a radius of 150 feet of the Spring Creek Hatchery fishway, except that during the period of August 25–September 20 inclusive the closed area is along the Washington side of the Columbia River and extends to midstream at right angles to the thread of the Columbia River between a marker located 1-1/2 miles downriver of the Spring Creek Hatchery fishway up to the downstream marker of the Big White Salmon sanctuary located approximately 1/2 mile upriver of the Spring Creek Hatchery fishway.

(12) Herman Creek upstream from a line between deadline markers near the mouth. One marker is located on the east bank piling and the other is located on the west bank to the north of the boat ramp.

(13) The Columbia River within an area and adjacent to the mouth of the Klickitat River. The closed area is along the Washington side of the Columbia River and extends to midstream at right angles to the thread of the Columbia River between the downstream margin of Lyle Landing downstream to a marker located near the railroad tunnel approximately 1-1/8 miles downstream from the west bank.

Stat. Auth.: ORS 183.325, 506.109 & 506.119
Stats. Implemented: ORS 506.129 & 507.030
Hist.: FWC 89, f. & ef. 1-28-77; FWC 133, f. & ef. 8-4-77; FWC 149(Temp), f. & ef. 9-21-77 thru 1-18-78; 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 635-035-0045; FWC 6-1980, f. & ef. 1-28-80; FWC 44-1980(Temp), f. & ef. 8-22-80; FWC 1-1981, f. & ef. 1-19-81; FWC 6-1982, f. & ef. 1-28-82; FWC 49-1983(Temp), f. & ef. 9-26-83; FWC 4-1984, f. & ef. 1-31-84; FWC 55-1985(Temp), f. & ef. 9-6-85; FWC 4-1986 (Temp), f. & ef. 1-28-86; FWC 25-1986(Temp), f. & ef. 6-25-86; FWC 42-1986, f. & ef. 8-15-86; FWC 2-1987, f. & ef. 1-23-87; FWC 10-1988, f. & cert. ef. 3-4-88; FWC 54-1989 (Temp), f. & cert. ef. 8-7-89; FWC 90-1989, f. & cert. ef. 9-6-89; FWC 80-1990(Temp), f. 8-7-90, cert. ef. 8-8-90; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 23-2011, f. & cert. ef. 3-21-11; DFW 40-2011(Temp), f. & cert. ef. 5-5-11 thru 10-31-11; DFW 43-2011(Temp), f. & cert. ef. 5-10-11 thru 10-31-11; DFW 60-2011(Temp), f. 6-2-11, cert. ef. 6-6-11 thru 10-31-11; DFW 63-2011(Temp), f. 6-8-11, cert. ef. 6-9-11 thru 10-31-11; DFW 66-2011(Temp), f. 6-14-11, cert. ef. 6-16-11 thru 10-31-11; DFW 88-2011(Temp), f. 7-8-11, cert. ef. 7-10-11 thru 10-31-11; DFW 119-2011(Temp), f. 8-26-11, cert. ef. 8-29-11 thru 10-31-11; Administrative correction, 11-18-11; DFW 5-2012(Temp), f. 1-30-12, cert. ef. 2-1-12 thru 3-31-12; DFW 18-2012(Temp), f. 2-28-12, cert. ef. 2-29-12 thru 6-15-12; DFW 46-2012(Temp), f. 5-14-12, cert. ef. 5-15-12 thru 6-30-12; DFW 80-2012(Temp), f. 6-29-12, cert. ef. 7-1-12 thru 10-31-12; DFW 87-2012(Temp), f. 7-11-12, cert. ef. 7-12-12 thru 8-31-12

635-041-0072

Carp, Shad and Other Nongame Fish

It is unlawful to fish for or possess carp, shad and other nongame fish from the Columbia River for commercial purposes except:

(1) As authorized by ORS 508.106 (Permit to take carp or other foodfish).

(2) During open commercial fishing periods with gear authorized for those open commercial fishing periods.

(3) Commercial sales of shad are authorized for fish caught during the period from Thursday, June 21 through 6:00 p.m. Thursday, July 12, 2012.

(a) Fishing in all of Zone 6, except for outside Boat Restricted Zones at dams, is allowed. Only shad may be kept or sold. All other fish must be immediately returned to the water unharmed.

(b) Authorized gear types include: drift gill nets, fish wheels, purse seines and beach seines. Experimental gear types can only be used when commercial gill net seasons are closed.

Stat. Auth.: ORS 183.325 & 506.119
Stats. Implemented: ORS 506.129 & 507.030
Hist.: DFW 2-1999(Temp), f. & cert. ef. 2-1-99 thru 2-19-99; DFW 9-1999, f. & cert. ef. 2-26-99; DFW 40-2007(Temp), f. 6-5-07, cert. ef. 6-6-07 thru 12-2-07; Administrative correction 12-20-07; DFW 68-2012(Temp), f. 6-20-12, cert. ef. 6-21-12 thru 7-31-12; DFW 87-2012(Temp), f. 7-11-12, cert. ef. 7-12-12 thru 8-31-12

635-041-0076

Summer Salmon Season

(1) Commercial sales of platform and hook-and-line caught fish from Zone 6 of the mainstem Columbia River are allowed for fish caught before 6:00 p.m. Thursday, July 12, 2012.

(a) Chinook, steelhead, sockeye, coho, walleye, shad, carp, bass, catfish and yellow perch landed during an open commercial fishing period may be sold at any time or retained for subsistence purposes. Sturgeon may not be sold. However, white sturgeon between 43 and 54 inches in fork length taken from The Dalles and John Day pools and white sturgeon between 38 and 54 inches in fork length taken from the Bonneville Pool may be kept for subsistence use.

(b) Gear is restricted to subsistence fishing gear: hoopnets, dipnets and rod and reel with hook-and-line are allowed.

(c) Closed areas in Zone 6, except the Spring Creek sanctuary, are as set forth in OAR 635-041-0045 and remain in effect.

(2) Commercial sales of gill net caught fish from Zone 6 of the mainstem Columbia River is allowed for fish caught from 6:00 a.m. Tuesday, July 3 through 6:00 p.m. Friday, July 6, 2012 (3.5 days); and from 6:00 a.m. Monday, July 9 through 6:00 p.m. Wednesday, July 11, 2012 (2.5 days).

(a) Salmon, steelhead, shad, yellow perch, bass, walleye, catfish and carp landed during any open gill net fishing period may be sold at any time or retained for subsistence purposes. Sturgeon may not be sold. However, white sturgeon between 43 and 54 inches in fork length taken from The Dalles and John Day pools and white sturgeon between 38 and 54 inches in fork length taken from the Bonneville Pool may be kept for subsistence purposes.

(b) Gear is restricted to gill nets. No minimum mesh size restriction is in effect.

(c) Closed areas in Zone 6, except the Spring Creek sanctuary, are as set forth in OAR 635-041-0045 and remain in effect.

(3) Sales of fish caught in Yakama Nation tributary fisheries in the Klickitat River; Wind River; Drano Lake; Icicle Creek, and Big White Salmon River are allowed during those days and hours when the tributaries are open under lawfully enacted tribal fishing periods and concurrent with periods when sales from Zone 6 platform and hook-and-line fisheries are allowed except, effective 6:00 p.m. Thursday, July 12, 2012, sales of sockeye salmon are prohibited.

Stat. Auth.: ORS 496.118 & 506.119
Stats. Implemented: ORS 506.109, 506.129 & 507.030
Hist.: DFW 5-2006, f. & cert. ef. 2-15-06; DFW 39-2006(Temp), f. & cert. ef. 6-8-06 thru 7-31-06; DFW 46-2006(Temp), f. & cert. ef. 6-20-06 thru 7-31-06; DFW 49-2006(Temp), f. 6-26-06, cert. ef. 6-27-06 thru 7-31-06; DFW 56-2006(Temp), f. 6-30-06, cert. ef. 7-3-06 thru 7-31-06; DFW 58-2006(Temp), f. 7-6-06, cert. ef. 7-10-06 thru 7-31-06; Administrative correction 8-22-06; DFW 46-2007(Temp), f. 6-15-07, cert. ef. 6-16-07 thru 9-13-07; DFW 49-2007(Temp), f. 6-22-07, cert. ef. 6-26-07 thru 9-13-07; DFW 53-2007(Temp), f. & cert. ef. 7-6-07 thru 7-31-07; Administrative correction 9-16-07; DFW 45-2008(Temp), f. 5-2-08, cert. ef. 5-5-08 thru 7-31-08; DFW 47-2008(Temp), f. 5-9-08, cert. ef. 5-11-08 thru 7-31-08; DFW 62-2008(Temp), f. 6-13-08, cert. ef. 6-16-08 thru 8-31-08; DFW 68-2008(Temp), f. 6-20-08, cert. ef. 6-21-08 thru 8-31-08; DFW 71-2008(Temp), f. 6-27-08, cert. ef. 6-28-08 thru 8-31-08; DFW 80-2008(Temp), f. & cert. ef. 7-10-08 thru 8-31-08; DFW 87-2008(Temp), f. & cert. ef. 7-25-08 thru 8-31-08; DFW 94-2008(Temp), f. & cert. ef. 8-14-08 thru 9-30-08; Administrative correction 10-21-08; DFW 50-2009(Temp), f. 5-14-09, cert. ef. 5-16-09 thru 7-31-09; DFW 56-2009(Temp), f. 5-26-09, cert. ef. 5-27-09 thru 7-31-09; DFW 71-2009(Temp), f. 6-15-09, cert. ef. 6-16-09 thru 7-31-09; DFW 76-2009(Temp), f. 6-26-09, cert. ef. 6-30-09 thru 7-31-09; DFW 82-2009(Temp), f. 7-6-09, cert. ef. 7-8-09 thru 7-31-09; DFW 84-2009(Temp), f. 7-13-09, cert. ef. 7-15-09 thru 7-31-09; Administrative correction 8-21-09; DFW 48-2010(Temp), f. 4-26-10, cert. ef. 4-27-10 thru 7-31-10; DFW 51-2010(Temp), f. & cert. ef. 4-29-10 thru 7-31-10; DFW 56-2010(Temp), f. 5-10-10, cert. ef. 5-11-10 thru 7-31-10; DFW 68-2010(Temp), f. 5-18-10, cert. ef. 5-19-10 thru 7-31-10; DFW 71-2010(Temp), f. 5-19-10, cert. ef. 5-21-10 thru 6-16-10; DFW 74-2010(Temp), f. & cert. ef. 6-2-10 thru 7-31-10; DFW 80-2010(Temp), f. 6-14-10, cert. ef. 6-16-10 thru 7-31-10; DFW 87-2010(Temp), f. 6-25-10, cert. ef. 6-29-10 thru 7-31-10; DFW 97-2010(Temp), f. 7-8-10, cert. ef. 7-13-10 thru 7-31-10; DFW 101-2010(Temp), f. 7-19-10, cert. ef. 7-20-10 thru 7-31-10; DFW 105-2010(Temp), f. 7-23-10, cert. ef. 7-26-10 thru 7-31-10; Administrative correction 8-18-10; DFW 43-2011(Temp), f. & cert. ef. 5-10-11 thru 10-31-11; DFW 66-2011(Temp), f. 6-14-11, cert. ef. 6-16-11 thru 10-31-11; DFW 75-2011(Temp), f. 6-24-11, cert. ef. 6-27-11 thru 10-31-11; DFW 84-2011(Temp), f. 7-1-11, cert. ef. 7-5-11 thru 10-31-11; DFW 88-2011(Temp), f. 7-8-11, cert. ef. 7-10-11 thru 10-31-11; DFW 94-2011(Temp), f. 7-14-11, cert. ef. 7-18-11 thru 10-31-11; DFW 98-2011(Temp), f. 7-20-11, cert. ef. 7-25-11 thru 10-31-11; Administrative correction, 11-18-11; DFW 66-2012(Temp), f. 6-14-12, cert. ef. 6-18-12 thru 7-31-12; DFW 81-2012(Temp), f. 6-29-12, cert. ef. 7-3-12 thru 8-31-12; DFW 87-2012(Temp), f. 7-11-12, cert. ef. 7-12-12 thru 8-31-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

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