Dept. of Fish and Wildlife_635

Oregon State Archives: Oregon Administrative Rules Navigation Banner

The Oregon Administrative Rules contain OARs filed through January 15, 2010

DEPARTMENT OF FISH AND WILDLIFE

DIVISION 6

COMMERCIAL GEAR; LICENSES, POUNDAGE FEES, RECORDS AND REPORTS

Definitions

635-006-0001

Definitions

For the purposes of OAR 635-006-0001 through 635-006-1210:

(1) "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.

(2) "Commission" means the Oregon Fish and Wildlife Commission.

(3) "Department" means the Oregon Department of Fish and Wildlife.

(4) "Director" means the Director of the Oregon Department of Fish and Wildlife.

(5) "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 OAR 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.

(6) "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.

(7) "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.

(8) "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.

(9) "Harvester" means any person legally authorized to take food fish for commercial purposes.

(10) "Import" means to transport into Oregon from outside the State of Oregon.

(11) "Land" or "landing" means to begin transfer of fish from a fishing vessel. Once transfer begins, all fish aboard the vessel 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.

(12) "Landing fees" means all fees due to the Department based on the pounds of fish or value of fish landed.

(13) "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, pursuant to ORS 508.550.

(14) “Limited fish seller – nontreaty 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.

(15) "Nonreporting fish dealer" means a wholesale fish dealer or fish bait dealer who buys food fish exclusively from other wholesale fish dealers or bait dealers.

(16) "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.

(17) "Possession" means holding any food fish, shellfish or parts thereof in a person's custody or control.

(18) "Processing" means smoking, reducing, loining, steaking, pickling, filleting, or fresh packaging requiring freezing of food fish, or any part thereof. (Does not include cooking crab.)

(19) "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.

(20) "Purchase" means to obtain by paying money or its equivalent, trade, or barter.

(21) "Receive" or "Receiving" means to take or come into possession of.

(22) "Resident" means an actual bona fide resident of this state for at least one year immediately prior to application.

(23) "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.

(24) "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.

(25) "Retain" means to keep in possession or use.

(26) "Shellfish canner" means a wholesale fish dealer who cans only shellfish in hermetically sealed containers whereby no further preservation, artificial or otherwise, is required.

(27) "Transport" means, for purposes of OAR 635-006-0165, to move the food fish after landing.

(28) "Ultimate consumer" means the party that utilizes the product as food, including restaurants.

(29) "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.

(30) "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.

(31) "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

Stat. Auth.: ORS 506.119 & 513.020
Stats. Implemented: ORS 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

Fishing Gear Specifications and Operation

635-006-0005

Applicability of Regulation

It is unlawful for any individual to take or land food fish from the waters of this state or the Pacific Ocean with fishing gear which does not meet the specifications, or is not operated as provided or authorized by statute or Department of Fish and Wildlife regulations.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 136, f. 12-20-65, ef. 1-1-66; Renumbered from 625-020-0000, 1975, Renumbered from 635-036-0350, 1979

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 commercial fishing or which does not conform to the specifications established for such fishing gear.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 136, f. 12-20-65, ef. 1-1-66; Renumbered from 625-020-0005, 1975, Renumbered from 635-036-0355, 1979

635-006-0015

Personal Use Fishing with Commercial Fishing Gear Prohibited

In accordance with ORS 508.240, it is unlawful to retain any species of food fish for personal use taken while fishing under a commercial fishing license. In addition, except as the Commission by rule may provide otherwise, it is unlawful to use commercial fishing gear to take any species of food fish for personal use.

Stat. Auth.: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508.240
Stats. Implemented: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508.240
Hist.: FC 136, f. 12-20-65, ef. 1-1-66; Renumbered from 625-020-0010, 1975, Renumbered from 635-036-0360, 1979; FWC 113-1992, f. 10-26-92, cert. ef. 10-28-92

635-006-0020

Experimental Fishing Gear Permit

(1) The Director is authorized to issue experimental fishing gear permits for the taking of food fish under the authority of ORS 508.106 provided the use of such fishing gear is not otherwise prohibited by the commercial fishing laws.

(2) Application for a permit shall be in writing accompanied by a fee of $30.00 (plus a $2.00 license agent fee) and shall include the species of fish to be taken, the method to be used, and the name and location of the body of water from which the food fish are to be taken.

(3) It is unlawful to use the experimental fishing gear in the waters of this state or the Pacific Ocean except under the terms and conditions specified in the permit.

Stat. Auth.: ORS 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.119 & 506.129
Hist.: FC 203, f. 1-6-70, ef. 2-11-70, Renumbered from 625-020-0040; FWC 64-1978, f. & ef. 12-20-78, Renumbered from 635-036-0365; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; DFW 145-2009, f. 12-9-09, cert. ef. 1-1-10

Dealer Licenses

635-006-0100

Retail Fish Dealer

(1) No license is required of a retail fish dealer.

(2) It is unlawful for a retail fish dealer to have in possession any fresh food fish or shellfish received from other than a wholesale fish dealer.

Stat. Auth.: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508
Stats. Implemented: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; Renumbered from 625-040-0005, 1975, Renumbered from 635-036-0500, 1979; FWC 104-1988, f. 12-29-88, cert. ef. 1-1-89; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92

635-006-0105

Wholesale Fish Dealer

A wholesale fish dealer license is required to perform any of the activities defined as a "wholesale fish dealer" under OAR 635-006-0001.

Stat. Auth.: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508
Stats. Implemented: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; Renumbered from 625-040-0010, 1975, Renumbered from 635-036-0505, 1979; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92

635-006-0110

Food Fish Canner

A food fish canner license is required to perform any of the activities defined as a "food fish canner" under OAR 635-006-0001. This license is in lieu of, and not in addition to, a wholesale fish dealer license.

Stat. Auth.: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508
Stats. Implemented: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; Renumbered from 625-040-0015, 1975, Renumbered from 635-036-0510, 1979; FWC 104-1988, f. 12-29-88, cert. ef. 1-1-89; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92

635-006-0115

Shellfish Canner

A shellfish canner license is required to perform the activities defined as a "shellfish canner" under OAR 635-006-0001. This license is in lieu of, and not in addition to, a wholesale fish dealer's license.

Stat. Auth.: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508
Stats. Implemented: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; Renumbered from 625-040-0020, 1975, Renumbered from 635-036-0515, 1979; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92

635-006-0120

Fish Buyer

A fish buyer license is required to perform the activities defined as a "fish buyer" under OAR 635-006-0001. This license is in addition to the wholesale fish dealer, fish canner, or shellfish canner's license.

Stat. Auth.: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508
Stats. Implemented: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; Renumbered from 625-040-0025, 1975, Renumbered from 635-036-0520, 1979; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92

635-006-0125

Fish-Buying Station

A fish buyer license is required at the location where the activities defined as a "fishbuying station" under OAR 635-006-0001 occurs. This license is in addition to the wholesale fish dealer, fish canner, or shellfish canner's license.

Stat. Auth.: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508
Stats. Implemented: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; Renumbered from 625-040-0030, 1975, Renumbered from 635-036-0525, 1979; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92

635-006-0130

Wholesale Fish Bait Dealer

The sale of food fish or shellfish under a wholesale fish bait dealer's license for any other purpose than use as bait, for scientific or educational purposes, or for live public display is prohibited.

Stat. Auth.: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508
Stats. Implemented: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; Renumbered from 625-040-0035, 1975, Renumbered from 635-036-0530, 1979; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92

635-006-0131

Retail Fish Bait Dealer

No license is required of a retail fish bait dealer.

Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.129
Hist.: FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92

635-006-0132

Limited Fish Sellers Permit

(1) The permit referred to in ORS 508.550 shall be available to commercial fishers who hold a valid commercial fishing license, including Albacore Tuna Landing License, and who sell the catch off his or her own vessel, or a vessel operated by the fisher.

(2) It is unlawful under this permit to sell any food fish or shellfish from a vessel which were not taken by that vessel.

(3) Prior to selling food fish from their vessel, the holder of a Limited Fish Seller Permit must notify the Department of the estimated number of food fish on board the vessel and the location where sales are to take place. Completion of a fish ticket prior to selling with the estimated number of fish on board and completion of the Limited Fish Seller Permit application which identifies location from which the sales occur constitutes the required notice. Change in location of sales from that reported in the Limited Fish Seller Permit application must be reported to the Department.

(4) Dressed fish must have an established dressed to round weight conversion factor.

(5) After the sale of and reporting of whole or dressed food fish, a limited fish seller may conduct or allow limited processing on his/her boat (limited to loining or filleting) of food fish or any part thereof for the ultimate consumer.

Stat. Auth.: ORS 506.119 & 513.020
Stats. Implemented: ORS 506.129, 508.025, 508.040 & 508.550
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 38-1999, f. & cert. ef. 5-24-99; DFW 84-1999, f. & cert. ef. 11-1-99; 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

635-006-0133

Limited Fish Seller Permit-Non-Treaty Columbia River Gillnet Salmon Vessel Permit Fishery Pilot Program

(1) The permit referred to in ORS 508.550 and as authorized by HB3094 (2003) shall be available to commercial fishers who hold a valid commercial fishing license and a Columbia River Gillnet Salmon Vessel Permit (Columbia River Gillnet Permit) and who sell the catch off his or her own vessel, or a vessel operated by the fisher or at locations away from the vessel.

(2) It is unlawful under this permit to sell any food fish or shellfish from a vessel or at locations away from the vessel which were not taken by the licensed vessel.

(3) Prior to selling food fish away from their vessel, the holder of a Limited Fish Seller Permit and a Columbia River Gillnet Permit must complete and forward a Fish Receiving Ticket at the time of landing in accordance with OAR 635-006-0210 and 635-006-0212 and must notify the Department of the location where sales are to take place. Compliance with these rules prior to selling and completion of the Limited Fish Seller Permit application which identifies location from which the sales occur and port of landing constitutes the required notice. Change in location of sales from that reported on the Limited Fish Seller Permit application must be reported to the Department.

(4) The permittee may designate other persons to sell fish at locations away from the vessel that were taken by the licensed vessel. The designees must carry a copy of the permit during sales. A copy of the fish receiving ticket or a signed statement pursuant to ORS 509.110 must accompany the permittee and designees while transporting and selling fish. The permittee will also designate on the fish ticket or sworn statement the location the fish are to be sold.

(5) After the sale of and reporting of whole or dressed food fish, a limited fish seller may conduct or allow limited processing (limited to loining or filleting) of food fish or any part thereof for the ultimate consumer.

(6) Activities conducted pursuant to this permit must be in accordance with the state Department of Agriculture licensing and food safety regulations.

(7) This authority expires January 2, 2008.

Stat. Auth.: ORS 506.119 & 513.020
Stats. Implemented: ORS 506.129, 508.025, 508.040, 508.550 & HB 3094 (2003)
Hist.: 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

635-006-0134

Bonding Requirements

In accordance with ORS 508.415 and 508.550, the minimum bond amount is $25 for wholesale bait dealers; $1,000 for wholesale fish dealers, fish canners, and shellfish canners; and $200 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 nonreporting fish dealers.

Stat. Auth.: ORS 506.109, 506.119, 506.129 & 802
Stats. Implemented: ORS 506.109, ORS 506.119, ORS 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. 12-31-91, cert. ef. 1-1-92

Fishing Licenses

635-006-0135

Alteration, Borrow, or Loan License Unlawfully

It is unlawful for any person to alter, borrow, or loan any license issued by the Director.

Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.129
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; Renumbered from 625-040-0055, 1975, Renumbered from 635-036-0535, 1979; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92

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 Marine Program, or his 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 (f), 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 506.119
Stats. Implemented: ORS 508.025, ORS 508.035 & ORS 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

635-006-0145

Commercial Fishing License

(1) A commercial fishing license is issued in accordance with ORS 508.035 and 508.235 of the commercial fishing laws and is required for each individual who for commercial purposes:

(a) Takes or assists in the taking of any food fish or shellfish from the waters or land of this state;

(b) Operates or assists in the operation of any boat or fishing gear for the taking of food fish in the waters of this state; or

(2) A commercial fishing license shall be in the possession of the licensee when engaged in the taking or landing of food fish or shellfish when taken for commercial purposes.

(3) It is unlawful for a licensed commercial fisher to keep any food fish or shellfish taken under such license for personal use.

(4) It is unlawful for a person to participate in any commercial fishery if that person's commercial fishing license is suspended or revoked.

Stat. Auth.: ORS 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.119 & 506.129
Hist.: FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-040-0065, Renumbered from 635-036-0545; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 126-2009, f. & cert. ef. 10-7-09

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 and is in lieu of the commercial fishing and boat license described in OAR 635-006-014 0 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 506.119, 506.129, 508.235 & 508.260
Stats. Implemented: ORS 508
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

635-006-0155

Juvenile Jig Line License

This license is issued in accordance with ORS 508.121 of the commercial fishing laws.

Stat. Auth.: ORS 508
Stats. Implemented: ORS 508
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; Renumbered from 625-040-0090, 1975, Renumbered from 635-036-0555, 1979

635-006-0160

Bait Fishing License

A bait fishing license 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.

Stat. Auth.: ORS 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109, 506.119 & 506.129
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

635-006-0165

Commercial Fisherman 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, include 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) 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 506.119
Stats. Implemented: ORS 506.129
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

Fish Dealer Records and Reports

635-006-0200

Required Records

(1) All retail fish dealers, retail and wholesale fish bait dealers, wholesale fish dealers, buyers, food fish canners and shellfish canners shall keep a record of all food fish and shellfish received whether from a fisher or from other fish dealers. This record shall include the quantity in pounds of each species of food fish or shellfish received, the date received, price paid per pound, and the name and address of the person from whom such food fish or shellfish were received. If received from a fisher, his or her commercial fishing license number shall be used in lieu of an address and the fishing gear used in taking shall also be required. If received from a treaty Indian, his or her tribal affiliation and enrollment number as shown on 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.

(2) This record is:

(a) Subject to inspection by the Director, the Director's authorized agent, or the Oregon State Police;

(b) To be prepared and available at the time food fish or shellfish are received at the premises of the fish dealer regardless of whether purchased or not;

(c) To be retained for a period not less than three years, at a location within Oregon where the record is to be available for inspection as designated in section (2)(a) of this rule. Notice of the physical location is to be provided to the Department.

Stat. Auth.: ORS 506.109, 506.119, 506.129, 508.406, 508.530 & 508.535
Stats. Implemented: ORS 506.109, 506.119, 506.129, 508.406, 508.530 & 508.535
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; FWC 28, f. 11-28-75, ef. 1-1-76, Renumbered from 625-040-0125, Renumbered from 635-036-0570; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 68-1994, f. 9-28-94, cert. ef. 10-1-94; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04; DFW 142-2008, f. & cert. ef. 11-21-08

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 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;

(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)(a) All pink shrimp unloaded at a receiving or docking facility of a wholesale fish dealer or shellfish canner 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)(a) Wholesale fish bait dealers landing less than 5,000 pounds daily of species defined in OAR 635-004-0025 subsections (2)(c) and (2)(d) 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 506.119 & 508.530
Stats. Implemented: ORS 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

635-006-0207

Limited Fish Seller Required Reports

(1) 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.

(2) 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 personal 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 & 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. 12-31-92, cert. ef. 1-1-92; DFW 142-2008, f. & cert. ef. 11-21-08

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 Receiving Tickets are prenumbered in books of 50 tickets. 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. The Fish Receiving Ticket 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;

(f) Fishing gear used by the fisher;

(g) For salmon and Dungeness crab, zone or area of primary catch;

(h) Species of food fish or shellfish received;

(i) Pounds of each species received:

(A) Pounds may be determined using any one of the following methods:

(i) Actual round weights based on certified scale measurements;

(ii) Actual round weights measured using a hopper scale;

(iii) Weights converted to round weight by multiplying the appropriate conversion weight listed in OAR 635-006-0215.

(B) Pounds shall include "weighbacks" by species. "Weighbacks" are those fish or shellfish with no commercial value.

(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 personal use.

(2) Except as provided in OAR 635-006-0212 and 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.

(3) 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, 506.119, 506.129, 508.530 & 508.535
Stats. Implemented: ORS 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

635-006-0211

Fish Receiving Ticket -- Net Caught Groundfish

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:

(1) Date of landing.

(2) Boat name and federal document or State Marine Board number from which catch was made.

(3) Port of first landing.

(4) Pounds of fish by species:

(a) Pounds may be determined using any one of the following methods:

(A) Actual round weights based on certified scale measurements;

(B) Actual round weights measured using a hopper scale;

(b) Pounds shall include "weighbacks" by species. "Weighbacks" are those fish or shellfish with no commercial value.

(5) Signature of the fisher delivering the catch.

Stat. Auth.: ORS 506.119, 506.129, 508.530 & 508.535
Stats. Implemented: ORS 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

635-006-0212

Fish Receiving Ticket -- Salmon

For all salmon, the following requirements apply in addition to those listed in OAR 635-006-0210:

(1) 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.

(2) For troll-caught salmon, fish receiving tickets shall show the number of days fished during the trip in which the salmon were caught.

(3) 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 during commercial Treaty Indian 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 506.119, 506.129, 508.530 & 508.535
Stats. Implemented: ORS 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

635-006-0213

Fish Receiving Ticket -- Limited Fish Seller Permit

(1) 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;

(d) Port of first landing;

(e) Fishing gear used;

(f) Species 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.

(2) 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 506.119, 506.129, 508.530, 508.535 & 508.550
Stats. Implemented: ORS 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

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;

(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. The following listed species may be converted to round weight for the purposes of completing monthly reports, by multiplying the 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.

(D) Pacific whiting:

(i) Fillet -- 2.86.

(ii) Headed and gutted -- 1.56.

(iii) Surimi -- 6.25

(E) Razor Clams, shelled and cleaned -- 2.0.

(F) Scallops, shelled and cleaned -- 12.2.

(G) Thresher shark -- 2.0.

(H) Skates -- 2.6.

(I) Lingcod:

(i) Gilled and gutted -- 1.1.

(ii) Gilled, gutted and headed -- 1.5.

(J) Spot prawn, tails -- 2.24.

(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 percent.

(C) All other food fish and shellfish, 1.09 percent until the first Emergency Board hearing of 1993 and 1.25 percent, thereafter.

(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 506.119 & 508.530
Stats. Implemented: ORS 506.129, 508.535 & 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

635-006-0220

Waiver of Monthly Report

(1) Any licensed wholesale fish dealer, wholesale fish bait dealer, food fish canner, or shellfish canner may request waiver of the filing of monthly reports when either no food fish or shellfish will be received for more than two months in a calendar year or all food fish or shellfish purchased during the year will be received from other wholesale fish dealers. The waiver request shall be in writing and shall include the reason for the request and, if applicable, the names of the wholesale fish dealers from whom food fish will be received.

(2) Any licensed limited fish seller may request waiver of the filing of monthly reports when no food fish or shellfish will be sold for more than two months in a calendar year. The waiver request must be in writing and include the reason for the request.

Stat. Auth.: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 802
Stats. Implemented: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 802
Hist.: FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-040-0145, Renumbered from 635-036-0590; 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

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 and 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;

(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 506.119, 508.530 & 509.031
Stats. Implemented: ORS 498.022, 506.129, 508.535 & 508.550
Hist.: FWC 39, f. & ef. 1-23-76, Renumbered from 625-040-0150, Renum?bered 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

635-006-0230

When Possession of Steelhead or Walleye Unlawful

Except as otherwise provided by law or rule, it is unlawful for any person to have in possession either steelhead trout or walleye taken by any means other than by angling. Notwithstanding OAR 635-006-0225, it is lawful for any wholesale fish dealer, canner, buyer or retailer to possess and sell, in Oregon, legally purchased steelhead trout or walleye taken from outside the Columbia River Basin, consistent with reporting requirements contained within 635-006-0200.

Stat. Auth.: ORS 496.138 & 509.031
Stats. Implemented: ORS 496.138 & 509.031
Hist.: FWC 41, f. & ef. 1-23-76, Renumbered from 625-040-0155, Renumbered from 635-036-0600; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 41-1995, f. 5-23-95, cert.e f. 5-24-95; DFW 32-2008(Temp), f. & cert. ef. 4-1-08 thru 9-27-08; Administrative correction 10-21-08; DFW 142-2008, f. & cert. ef. 11-21-08

635-006-0231

When Possession of Salmon Unlawful

Except as otherwise provided by law or rule, it is unlawful to possess or distribute commercially caught salmon that has been taken by gear other than "troll," unless authorized by the Oregon Department of Fish and Wildlife.

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109 & ORS 506.129
Hist.: DFW 38-1999, f. & cert. ef. 5-24-99

635-006-0232

Damages for Commercial Fishing Violations

(1) For purposes of ORS 506.720 the following shall be the 2009 average market value of food fish species. For species not listed, the average market value shall be the price per pound paid to law enforcement officials for any fish or shellfish confiscated from the person being assessed damages, or the average price per pound paid for that species during the month in which the violation occurred, whichever is greater. Unless otherwise noted, the amount given is the price per pound and is based on round weight.

(a) FISH:

(A) Anchovy, Northern $0.10.

(B) Cabezon, $3.42.

(D) Cod, Pacific $0.54.

(E) Flounder, arrowtooth $0.10.

(F) Flounder, starry $0.38.

(G) Greenling, $4.77.

(H) Grenadier $0.11.

(I) Hagfish $0.62.

(J) Hake, Pacific (Whiting) $0.11.

(K) Halibut, Pacific, dressed weight with head on $4.30.

(L) Herring, Pacific $0.05.

(M) Lingcod, $2.32.

(N) Mackerel, jack $0.01, Pacific $0.12.

(O) Opah $2.98.

(P) Pacific ocean perch, $0.48.

(Q) Pollock, Walleye $0.67 (2001 price).

(R) Rockfish:

(i) Black, $1.96.

(ii) Blue, $1.88.

(iii) Canary, $0.49.

(iv) Darkblotched, $0.48.

(v) Black and yellow, $6.46.

(vi) Brown, $2.73.

(vii) China, $6.74.

(viii) Copper, $3.64.

(ix) Gopher, $4.68.

(x) Grass, $6.94.

(xi) Quillback, $4.33.

(xii) Shelf, $2.57.

(xiii) Shortbelly, using trawl gear $0.29 (2003 price), using line and pot gear $1.96.

(xiv) Slope, using trawl gear, $0.49 using line and pot gear $0.51.

(xv) Tiger, $4.26.

(xvi) Vermilion, $2.72.

(xvii) Widow $0.45.

(xviii) Yelloweye, using trawl gear $0.51, using line and pot gear $0.99.

(xix) Yellowtail, using trawl gear $0.50 (2006 Price), using line and pot gear $5.00.

(S) Sablefish:

(i) Dressed weight, ungraded $4.16, extra small $3.15, small $4.13, medium $4.76 and large $4.96.

(ii) Round weight, ungraded $2.03, extra small $1.30, small $1.74, medium $2.14 and large $2.56.

(T) Salmon, Chinook, Ocean dressed weight: large $7.25, medium $7.49, small $6.94 and mixed size $7.21.

(U) Salmon, coho, Ocean dressed weight: mixed size $1.90.

(V) Salmon, pink, ocean dressed weight, ungraded, $1.03 (2007 price).

(W) Sanddab, Pacific $0.42.

(X) Sardine, Pacific $0.11.

(Y) Shad, American:

(i) Coast, ungraded, gill net and set net, $0.30 (2003 price).

(ii) Columbia, ungraded $0.20.

(Z) Shark, blue $0.50, Pacific sleeper $0.62 (2000 price), shortfin mako $1.40, sixgill, $0.05 (2007 price), soupfin $0.81, spiny dogfish $0.36, scalloped hammerhead $0.12 (2001 price), silky $0.18 (2001 price), thresher dressed weight $1.50 (1995 price) and round weight $0.34 and other species $1.00 (2007 price).

(AA) Skates and Rays $0.28.

(BB) Smelt, Eulachon (Columbia River), $3.72 and other species $2.00 (2004 price).

(CC) Sole, butter $0.36, curlfin (turbot) $0.31, Dover $0.38, English $0.32, flathead $0.30, petrale $1.00, rex $0.35, rock $0.36 and sand $0.79.

(DD) Steelhead $0.62.

(EE) Sturgeon, green $1.01 and white $2.13.

(FF) Surfperch $1.00 (2006 price).

(GG) Swordfish $4.00.

(HH) Thornyhead (Sebastolobus), longspine $0.47 and shortspine $0.67.

(II) Tuna, albacore $1.20, bluefin $2.50 (2004 price), bigeye $4.00, and yellowfin $3.49 (2006 price).

(JJ) Wahoo $3.00.

(KK) Walleye $2.51.

(LL) Wolf-eel $1.59.

(MM) Wrymouth $0.25.

(b) CRUSTACEANS:

(A) Crab: box $2.00(2007 price), Dungeness bay $3.26 and ocean $2.09, rock $1.44 and Tanner $0.69 (2003 price).

(B) Crayfish $2.09.

(C) Shrimp: brine $1.00, coonstripe $1.57 (2007 price), ghost (sand) $2.54, mud $1.21, pink $0.55 (applied to the gross round weight of the confiscated pink shrimp reported on the fish receiving ticket) and spot $9.21.

(D) Water flea (Daphnia) $0.65 (2002 price).

(A) Abalone, flat $21.09.

(B) Clams: butter $0.43, cockle $0.54, gaper $0.49, Manila littleneck $2.00 Nat. littleneck $2.00, razor $2.41 and softshell $0.99.

(D) Octopus $1.13.

(E) Scallop, rock $0.70 (2005 price).

(F) Scallop, weathervane dressed weight (shucked) $5.73 (2002 price) and round weight $0.55 (2002 price).

(G) Squid, market $0.25 (2007 price).

(H) Squid, other species $0.06.

(d) OTHER INVERTEBRATES:

(A) Jellyfish $10.00 (2004 price).

(B) Sea cucumber $0.30 (2005 price).

(D) Sea stars $1.00 (2006 price).

(2) The Department may initiate civil proceedings to recover damages as authorized by ORS 506.720 where the value of any food fish unlawfully taken exceeds $300, except for food fish taken by trawl in the groundfish fishery where the trip limit has not been exceeded by more than 15%.

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109 & 506.720
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 6-2003, f. 1-21-03, cert. ef. 2-1-03; DFW 3-2004, f. 1-14-04, cert. ef. 2-1-04; DFW 1-2005, f. & cert. ef. 1-7-05; DFW 1-2005, f. & cert. ef. 1-7-05; DFW 1-2006, f. & cert. ef. 1-9-06; DFW 1-2007, f. & cert. ef. 1-12-07; DFW 2-2008, f. & cert. ef. 1-15-08; DFW 3-2009, f. & cert. ef. 1-13-09

635-006-0233

Payment for Legal Commercial Fishing Overages

For purposes of legally landed overages where proceeds are to be remitted to the state, payment shall be at fair market value as defined in OAR 635-006-0001.

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109 & ORS 506.129
Hist.: DFW 38-1999, f. & cert. ef. 5-24-99

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 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 (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;

(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;

(d) At the conclusion of the hearing, the 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;

(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 183, 508.485 & 508.490
Stats. Implemented: ORS 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

Columbia River Gillnet Salmon Vessel
Fleet Reduction Program

635-006-0400

Purpose

The purpose of the Columbia River gillnet salmon vessel fleet reduction program is to obtain an effective and expeditious reduction of the number of vessels in the non-Indian Columbia River commercial gillnet salmon fishing fleet to reduce their overall fishing capacity.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 7-1982, f. & ef. 1-29-82; FWC 77-1982, f. & ef. 10-29-82; FWC 25-1985(Temp), f. & ef. 5-30-85

635-006-0405

Definitions

For the purpose of OAR 635-006-0400 through 635-006-0425:

(1) "Permit" shall mean a current Columbia River gillnet salmon vessel permit, issued pursuant to Chapter 679, Oregon Laws 1979.

(2) "License" shall mean a boat license issued in accordance with ORS 508.035 and 508.260.

(3) "Permit Holder" shall mean an individual who has been issued and possesses a current permit.

(4) "Vessel" shall mean a commercial fishing vessel.

(5) "Program" shall mean the Oregon Columbia River gillnet salmon fleet reduction program.

(6) "Buy-Back" shall mean the purchase by the Department of a current permit during the program.

(7) When used to describe the status of a permit, "current" shall mean either a 1984 permit for which the permitted vessel qualifies for renewal in 1985 or a 1985 permit.

(8) "Offer Price" shall mean the dollar amount at which a permit holder offers to sell the permit to the Department.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
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

635-006-0410

Eligibility Requirements

In order to be eligible to participate in the program, a permit holder must have held a license for a vessel which was used lawfully to land in Oregon salmon taken in the Columbia River gillnet salmon fishery prior to December 22, 1984.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 7-1982, f. & ef. 1-29-82; FWC 77-1982, f. & ef. 10-29-82; FWC 63-1984, f. & ef. 9-21-84; FWC 56-1986(Temp), f. & ef. 9-11-86

635-006-0412

Death of Eligible Permit Holder

(1) In the event that an eligible permit holder dies subsequent to January 29, 1982, his or her permit may then be purchased from the personal representative or executor administering the estate of the permit holder.

(2) In the event that the permit holder's estate referred to in section (1) of this rule is closed:

(a) The permit may be purchased from the permit holder's spouse;

(b) In the event that the permit holder is not survived by a spouse, the permit may be purchased from the permit holder's children.

Stat. Auth.: ORS 506.241
Stats. Implemented: ORS 506.241
Hist.: FWC 22-1983(Temp), f. & ef. 6-13-83; FWC 68-1983, f. & ef. 12-16-83; DFW 142-2008, f. & cert. ef. 11-21-08

635-006-0415

Notification

All permit holders shall be notified of the program by 1st class mail to the last known address of which the Department has notice in writing from the permit holder; and shall be provided with information explaining the program's purpose, eligibility requirements, application procedures, buy-back procedures, and forms required to be completed and returned to the Department.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 7-1982, f. & ef. 1-29-82; FWC 77-1982, f. & ef. 10-29-82

635-006-0420

Participation Requirements

In order to participate in the program a permit holder shall provide to the Department:

(1) A completed application form including the written consent of each person holding a security interest in the vessel to which the permit is assigned.

(2) Information on activities in the Columbia River gillnet salmon fishery including years in which salmon were lawfully landed in Oregon from the fishery, and pounds of salmon lawfully landed in Oregon in those years.

(3) A completed and signed offer to sell the permit to the Department at an offer price specified by the permit holder.

(4) A completed and signed transfer authorization of the offered permit if the offer is accepted.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 7-1982, f. & ef. 1-29-82; FWC 77-1982, f. & ef. 10-29-82

635-006-0423

Ranking of Applications

The Department shall separate eligible applicants into one of the following categories:

(1) Category A shall contain permit holders who held licenses prior to February 28, 1977.

(2) Category B shall contain permit holders not contained in Category A who held licenses subsequent to February 28, 1977, but prior to December 22, 1980.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 63-1984, f. & ef. 9-21-84

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 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 may 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;

(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;

Stat. Auth.: ORS 506.241
Stats. Implemented: ORS 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

Developmental Fisheries Program

635-006-0800

Purpose

These rules guide the operation of the Developmental Fisheries Program pursuant to ORS 506.450 through 506.465.

Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94

635-006-0810

Definitions

(1) For the purposes of OAR 635-006-0820 through 635-006-1210 the following definitions shall apply:

(2) "Actively managed" means a fishery under a limited entry system according to the provision of a federal fishery management plan.

(3) “Bay clams” means cockle clams (Clinocardium nuttallii), butter clams (Saxidonus giganteus), gaper clams (Tresus capas, nuttallii), native littleneck clams (Protothaca stamines), and softshell clams (Mya arenaria).

(4) "Board" means the Developmental Fisheries Board appointed by the Commission.

(5) "Developed fishery" means a fishery where the level of participation, catch, and effort indicate the fishery has approached optimum sustained yield and/or there is sufficient biological information, information on harvest methods, gear types, and markets to develop a long-term management plan for the species.

(6) "Developmental fisheries species" means food fish species adopted by the Commission to be managed under the Developmental Fisheries Program.

(7) "Domestic partner" means an individual who, together with a permit holder has formed a partnership in which both:

(a) Are at least 18 years of age;

(b) Share a close personal relationship and are responsible for each other's welfare;

(d) Are not married to anyone and neither has had another domestic partner or a spouse within in the previous six months;

(e) Are not related by blood closer than would bar marriage under ORS 106.020;

(f) Have shared a household for at least six months; and

(g) Are jointly financially responsible for basic living expenses, including expenses for food, shelter, and maintaining a household.

(8) "Immediate family" means a permit holder's spouse, domestic partner, children, father, mother, brother, sister, stepchildren, and grandchildren.

(9) "Maximum sustainable yield" (MSY) means an estimate of the largest average annual catch or yield that can be taken over a significant period of time from each stock under prevailing ecological and environmental conditions.

(10) "Underutilized species" means a food fish species or group of species that is not presently harvested in significant quantities due to poor markets or inadequate gear development or may be caught but not utilized due to poor markets.

(11) "Optimum sustained yield" (OSY) means the desired catch level of a fishery that will provide the greatest overall benefit to the state taking into account economic, social, and ecological considerations that will maintain a level of population that insures the long-term productivity of the stock and does not impair its ability to sustain itself into the future.

(12) "Overfishing" means a level or rate of fishing mortality that jeopardizes the long-term capacity of a stock or stock complex to produce MSY.

Stat. Auth.: ORS 506.109, 506.119, 506.450, 506.455 & 506.465
Stats. Implemented: ORS 596.129
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94; DFW 85-1999, f. & cert. ef. 11-1-99; DFW 119-2001, f. & cert. ef. 12-24-01; DFW 117-2002, f. & cert. ef. 10-21-02; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 142-2008, f. & cert. ef. 11-21-08

635-006-0820

Annual List of Developmental Fisheries Species

(1) In consultation with the Board, the Commission shall by rule adopt an annual list, effective the first of January of each year, of food fish species that are considered to be developmental fisheries species.

(2) Any person may submit a written request to the Board to list or remove species on the Developmental Fisheries Species list by October 31. The Board shall make a recommendation to the Commission on each request at the annual review.

(3) Prior to the annual review by the Commission, the Board shall review the Developmental Fishery Program including numbers of permits, conditions of use, and research programs including financing.

Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94

635-006-0830

Listing as a Developmental Fisheries Species

To list a food fish species as a Developmental Fisheries Species, the Commission shall determine the species is underutilized. If the Commission determines the species is underutilized it shall:

(1) Consider existing catch history, biological data, market information.

(2) Consider any known or potential conflicts including competing uses or gears, existing rules, state or federal management plans or policies, or impacts on other species.

(3) Place each species into one of three categories of the list according to the following criteria:

(a) Species in category "A" are underutilized, are not currently actively managed off Oregon under another state or federal management plan, and have the potential to be economically viable. Species in category "A" shall have permit and gear limitations established by the Commission annually;

(b) Species in category "B" are underutilized, are not currently under another state or federal management plan, and have not shown the potential to be a viable fishery. A species so designated may be upgraded to the "A" category, upon application to the Board and approval by the Commission during the annual review;

(c) Species in category "C" are underutilized and are currently under another state or federal management plan already establishing permit and/or gear limitations.

Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450 – ORS 506.465
Stats. Implemented: ORS 506.129 & ORS 506.450 – 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94; DFW 85-1999, f. & cert. ef. 11-1-99

635-006-0840

Removing a Developmental Fisheries Species From the List

(1) To remove a food fish species as a Developmental Fisheries Species, the Commission shall determine:

(a) The fishery meets the definition of a developed fishery; or

(b) The species is being harvested in excess of optimum sustained yield; or

(c) The species is listed by the State or Federal government as threatened or endangered; or is critical to the health of a species, pursuant to OAR 635-100-0130 to Section 6 of the Federal Endangered Species Act; or

(d) Continuation of commercial harvest as a developmental fisheries species may lead to excessive gear conflicts, habitat damage, or excessive discard of incidentally caught food fish; or

(e) Excessive user group conflicts.

(2) When a Developmental Fisheries Species is removed from the list, the Commission shall establish an alternative management plan for the species which may include continuation of the limited entry system or termination as a commercial species.

Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94

635-006-0850

Developmental Fisheries Species List

(1) The Developmental Fisheries Species List, Category "B," is as follows:

(a) FISH.

(A) Salmon shark (Lamna ditropis);

(B) Carp (Cyprinus carpio);

(D) Yellow perch (Perca flavescens);

(E) Eelpouts (family Zoarcidae);

(F) Brown bullhead (Ameiurus nebulosus);

(G) Skilfish (Erilepis zonifer);

(H) Northern squawfish (Ptychocheilus oregonensis);

(I) Pacific saury (Cololabis saira);

(J) Pacific sandfish (Trichodon trichodon);

(K) Pacific pomfret (Brama japonica);

(L) Slender sole (Eopsetta exilis);

(M) Pacific hagfish (Eptatretus stouti);

(N) Pacific herring (Clupea pallasi).

(b) INVERTEBRATES.

(A) Pacific sand crab (Emerita analoga);

(B) Freshwater mussels (families Margaritifera, Anodonta, Gonidea, and Corbicula);

(D) California market squid (Loligo opalescens) and other squid (several species);

(E) Fragile urchin (Allocentrotus fragilis);

(F) Sea cucumber (Parastichopus spp.);

(G) Giant octopus (Octopus dofleini);

(H) Spot prawn (Pandalus platyceros);

(I) Coonstripe shrimp (Pandalus danae);

(J) Sidestripe shrimp (Pandalopsis dispar);

(K) Grooved tanner crab (Chionoecetes tanneri);

(L) Oregon hair crab (Paralomis mulitspina);

(M) Scarlet king crab (Lithodes couesi).

(N) Box crab (Lopholithodes foraminatus).

(2) The Developmental Fisheries Species List, Category "C," is as follows:

(a) FISH.

(A) Spiny dogfish (Squalus acanthias);

(B) Soupfin shark (Galeorhinus zyopterus);

(D) American shad (Alosa sapidissima);

(E) Pacific cod (Gadus macrocephalus);

(F) Pacific flatnose (Antimora microlepis);

(G) Pacific grenadier (Coryphaenoides acrolepis);

(H) Jack mackerel (Trachurus symmetricus);

(I) Chub (Pacific) mackerel (Scomber japonicus);

(J) Greenstriped rockfish (Sebastes elongatus);

(K) Redstripe rockfish (Sebastes proriger);

(L) Shortbelly rockfish (Sebastes jordani);

(M) Sharpchin rockfish (Sebastes zacentrus);

(N) Splitnose rockfish (Sebastes diploproa);

(O) Pacific sanddab (Citharichthys sordidus);

(P) Butter sole (Pleuronectes isolepis);

(Q) English sole (Pleuronectes vetulus);

(R) Rex sole (Errex zechirus);

(S) Rock sole (Pleuronectes bilineatus);

(T) Sand sole (Psettichthys melanostictus);

(U) Curlfin (lemon) sole (Pleuronichthys decurrens);

(V) Spotted ratfish (Hydrolagus colliei);

(W) Wolf-eel (Anarrhichthys ocellatus);

(X) Walleye pollock (Theragra chalcogramma);

(Y) Blue shark (Prionace glauca);

(Z) Northern Anchovy (Engraulis mordax);

(b) INVERTEBRATES.

(A) Red rock crab (Cancer productus);

(B) Purple sea urchins (Strongylocentrotus purpuratus);

Stat. Auth.: ORS 506.109 & 506.119
Stats. Implemented: ORS 506.129, 506.450, 506.455, 506.460 & 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94; FWC 87-1995, f. 11-17-95, cert. ef. 11-20-95; FWC 1-1997, f. & cert. ef. 1-16-97; FWC 18-1997(Temp), f. & cert. ef. 3-18-97; FWC 34-1997, f. 6-11-97, cert. ef. 6-15-97; DFW 3-1998, f. & cert. ef. 1-12-98; DFW 17-1998(Temp), f. & cert. ef. 3-6-98 thru 7-31-98; DFW 93-1998, f. & cert. ef. 11-25-98; DFW 85-1999, f. & cert. ef. 11-1-99, DFW 89-1999, f. & cert. ef. 11-15-99; DFW 76-2000, f. 11-21-00, cert. ef. 1-1-01; DFW 30-2001, f. & cert. ef. 5-4-01; DFW 119-2001, f. & cert. ef. 12-24-01; DFW 116-2002, f. & cert. ef. 10-21-02; DFW 117-2002, f. & cert. ef. 10-21-02; DFW 135-2002, f. 12-23-02, cert. ef. 1-1-03; DFW 25-2003, f. & cert. ef. 3-26-03; DFW 41-2003(Temp), f. & cert. ef. 5-12-03 thru 6-21-03; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 128-2003, f. 12-15-03, cert. ef. 1-1-04; DFW 24-2004, f. & cert. ef. 3-23-04; DFW 121-2004, f. 12-13-04, cert. ef. 12-15-04; DFW 67-2005(Temp), f. 7-5-05, cert. ef. 7-6-05 thru 12-31-05: DFW 122-2005(Temp), f. & cert. ef. 10-18-05 thru 11-30-05; 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 132-2007(Temp), f. 12-20-07, cert. ef. 1-1-08 thru 1-31-08; DFW 4-2008, f. & cert. ef. 1-23-08; DFW 149-2008, f. & cert. ef. 12-17-08; DFW 156-2009, f. 12-29-09, cert. ef. 1-1-10

635-006-0870

Methods to Obtain Information

For each species in category "A," the Department shall establish a program to collect needed biological and fishery information.

(1) For species with a lack of sufficient biological and other information to meet the requirement of Statewide Planning Goal 19 and other applicable laws or rules, the program shall focus on obtaining information in order to evaluate the short- and long-term impacts of harvesting the species on ocean resources, including habitats, and determine long-term sustainability of the resource.

(2) As the level of biological information increases, the program will include obtaining biological and fishery information in order to determine optimum yield and effort levels, and developing a long-term management plan.

(3) Program designs and information collected will vary from fishery to fishery and may include, but is not limited to:

(a) A list of needed information;

(b) specific study objectives;

(d) Methods of reporting and analyzing data;

(e) Literature search for existing information;

(f) Samples of landed commercial harvest;

(g) Observations of fishing methods and results;

(h) Direct research projects; and

(i) Examination of logbook information.

Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94

635-006-0880

Establish Commercial Harvest Program and Limited Entry System

In consultation with the Board, the Commission shall specify the number, qualifications, and conditions of use and renewal of developmental fisheries permits for species in category "A".

(1) In determining the number, qualifications, conditions of use and renewal of developmental fisheries permits, the Commission shall consider:

(a) The level of available biological information to scale the numbers of permits and conditions of use to minimize risk of overfishing and habitat disruption while a fishery is developing. When there is a lack of sufficient biological and other information for a fishery to meet the standards of Statewide Planning Goal 19 and other applicable laws or rules, the numbers of permits and conditions of use will be conservative in order to minimize the disturbance or disruption to other marine resources, including habitats, while obtaining needed information to determine long-term sustainability of the resource. As the level of biological information increases, the number of permits and conditions of use may become more liberal in order to determine optimum levels of yield and effort and to develop a long-term management plan;

(b) The availability of Department staff and/or other recognized resources to conduct necessary research and monitoring of landings;

(d) The need to prevent excessive gear conflicts, and waste or damage to the environment; and

(e) The number of permits needed for market development.

(2) The Commission shall establish a minimum level of effort needed for renewal of Developmental Fisheries Species Permits.

(3) The Director may establish other permit stipulations as needed for each fishery which may include, but is not limited to, gear and area restrictions, limits of incidental catch, and sampling and observation requirements.

Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94

635-006-0890

Logbooks

The Department shall provide a logbook to each individual or vessel to harvest Category A, B or C developmental fishery species. Each individual or vessel skipper is responsible for maintaining the logbook in accordance with the instructions contained therein and shall, upon request of an authorized representative of the Department, permit examination and transcription of information from such logbook. Information so received by the Department shall be treated as confidential to the extent allowable under Oregon law.

Stat. Auth.: ORS 506.109, 506.119 & 506.450 - 506.465
Stats. Implemented: ORS 506.109, 506.119 & 506.450 - 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94; DFW 156-2009, f. 12-29-09, cert. ef. 1-1-10

635-006-0900

Requirement for Developmental Fisheries Species Permit

(1) Effective January 1, 1995, except as provided in section (2) of this rule:

(a) It is unlawful to take or attempt to take food fish defined as a Developmental Fisheries Species for commercial purposes without first obtaining a permit issued pursuant to OAR 635-006-0910;

(b) It is unlawful for a wholesaler, canner, or buyer to buy or receive food fish defined as developmental fisheries species from a person or vessel for which the permit required in section (1)(a) of this rule has not been issued.

(2) The permit required by section (1) of this rule is not needed for developmental fisheries species taken as incidental catch allowed under State or Federal Regulations or taken for documented live display purposes by licensed wholesale fish dealers or fish bait dealers.

(3) The permit required by section (1) of this rule is not needed for nearshore fishery species provided nearshore species comprise less than 25 percent of the total landed catch or 15 pounds whichever is less.

(4) The 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.

Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450, ORS 506.455 & ORS 506.465
Stats. Implemented: ORS 506.129
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94; DFW 117-2002, f. & cert. ef. 10-21-02

635-006-0910

Procedures for Issuance, Transfer and Renewal of Developmental Fisheries Species Permits

(1) Applications:

(a) An applicant for a permit must submit a complete application in writing accompanied by an annual fee of $100.00 (plus a $2.00 license agent fee). The application shall include the species of fish to be taken, the method and gear proposed to be used, and the area from which the Developmental Fisheries Species are to be taken, the vessel operator, and other information as the Oregon Department of Fish and Wildlife (Department) may require;

(b) Except as listed below, complete applications must be received postmarked or date-stamped by January 1 of the year of issue for new species added to the developmental fishery list in OAR 635-006-0850, and thereafter by the annual filing date of February 1 of the year of issue.

(A) Applications for box crab permits must be postmarked or date-stamped by January 1 of the year of issue; and

(B) Applications for new hagfish permits will be accepted on a first-come, first-serve basis.

(c) An application shall be considered complete if it is legible, has all information requested on 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 the filing date, the individual shall not be considered to have applied in a timely manner;

(d) Before applying for a permit, an applicant must first have obtained the appropriate vessel license (or individual license if permit is issued to individual) for the year the permit will be issued.

(e) The vessel operator designated in subsection (1)(a) above may change up to twice a year, with at least three work days’ notice by the permit holder to ODFW, Newport office.

(2) Number of permits allowed:

(a) An individual shall not submit more than one application, per vessel (or per person for individual permits), foreach developmental fishery species gear category;

(b) A permit holder who holds a valid developmental fisheries permit may not apply for any additional permits for the same vessel (or person for an individual permit) and species gear category unless the Department proposes to deny that permit;

(c) If a permit holder who holds a permit at issue either before the Commercial Fishery Permit Board or a court of law, is awarded another permit for the same species gear category through the lottery and thereafter prevails before the Commercial Fishery Permit Board or in court, the permit holder shall immediately surrender one of the permits to any Department office, so that only one valid permit per species gear category is held.

(3) Issuance of permits:

(a) Except for new hagfish permits, if the number of applications received by the filing date is less than the number of permits available, all applicants who have submitted complete applications shall be issued a permit within 14 days of the filing date.

(A) Any remaining permits shall be issued on a first-come, first-served basis, within 14 days of receipt of each completed application, until the maximum number of permits is issued. Priority shall be based on postmark or date-stamped date;

(B) The names of applicants who did not receive a permit shall be placed on an alternates list, in the order they are received, until the next annual filing date. Applicants whose names are placed on the alternates list shall be refunded their permit fee minus a $10 application fee. Permits which become available before the end of the year shall be made available to the alternates list, in the order listed. The applicant shall be notified of an available permit and shall resubmit a complete application and permit fee within 30 days of the date the notification is mailed. The permit shall be issued within 14 days of receipt of the resubmitted application and fee. If an alternate fails to apply, he shall forfeit the permit and the permit shall then be made available to the next name on the alternates list.

(b) Except for new hagfish permits, if the number of applications received by the filing date is greater than the number of permits available, the Department shall determine first how many applications there are with preference points as accrued under OAR 635-006-0915, except for new species that have qualification restrictions set forth in OAR 635-006-0850. Evidence of landings must be supplied by the applicant and submitted with the application.

(A) If the number of these applicants does not exceed the number of permits, they shall be given all available permits and any remaining applicants shall be placed in a lottery;

(B) If the number of applicants who have preference points exceeds the number of permits, then these applicants only shall be placed in a lottery, and grouped by the number of preference points they have accrued for each species gear category. Applicants with the highest number of preference points for each species gear category will be drawn first. Applicants having the highest number of preference points per species gear category will be drawn next. This permit issuance process will continue through descending numbers of preference points until all the available permits have been issued, unless all qualified applicants with preference points have been issued permits prior to that point. Permits shall be issued within 14 days of the lottery;

(C) In addition, remaining applicants (who do not have preference points) shall be placed in a lottery and their names shall be drawn;

(D) The Department then shall prepare an alternates list, in which applicants who have preference points are listed first (in the order drawn), and thereafter remaining applicants are listed, in the order in which they were drawn. All applicants whose names are placed on the alternates list shall be refunded their permit fee minus a $10 application fee. Any permits available before the end of the year shall be made available to the first name on the alternates list. The applicant shall be notified of an available permit and shall resubmit a complete application and permit fee within 30 days of the date the notification is mailed. The permit shall be issued within 14 days of receipt of the resubmitted application and fee. If an alternate fails to apply for the lottery permit within 30 days, he shall forfeit such permit and the permit shall then be made available to the next name on the alternates list.

(d) A subcommittee of the Developmental Fishery Board shall evaluate the business plans submitted by hagfish fishery applicants to determine if the applicant is likely to actively prosecute the fishery. If more applicants submit acceptable business plans than there are available new permits, then the available permits will be distributed as otherwise specified in subsections (3)(a) and (3)(b) of this rule.

(4) Persons to whom permits are issued: Permits shall be issued to an individual person or entity and assigned to a vessel, except when hand harvest methods are used. The permit holder is the owner or controller of the vessel or the individual person when hand harvest methods are used.

(5) Transfer of permits: Permits for Developmental Fisheries Species are not transferable to another person or entity; provided however that permits may be transferred to another vessel owned or leased and controlled by the permit holder up to two times annually.

(a) In the event of the death of a permit holder, the permit of the deceased may be issued to an immediate family member as defined by OAR 635-006-0810. Permit transfer shall require a copy of the death certificate and the original permit, and must be requested by the family member to the deceased which shall be presumed by possession of the permit and death certificate.

(b) To transfer the vessel on a permit, a permit holder shall first apply on a form provided by the Department and shall include a $100.00 fee;

(c) If the permit holder is not the registered owner of the vessel to which a permit is being transferred, a copy of a signed lease agreement with the owner of the vessel must accompany the application. The lease agreement must show the permit holder will be in control of the daily activities of the vessel during the time of the lease.

(d) No reassignment shall be effective until the permit holder has received approval from the Department and an updated permit.

(e) If a permit is transferred to a vessel under the ownership of other than the permit holder, the permit holder or designated vessel operator must be aboard the vessel during harvest activities under the permit.

(6) Renewal of permits:

(a) Permits may be renewed by submission, to the Department, of the appropriate fee and a complete application date-stamped or postmarked before January 1 of the year for which renewal is sought, except renewal applications for box crab permits must be postmarked or date-stamped before December 1 of the year prior to which renewal is sought;

(b) An application for renewal shall be considered complete if it is legible and has all information requested on 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 before the deadline listed in section (6)(a) above, the individual shall not be considered to have applied for renewal in a timely manner;

(c) It is the responsibility of the permit holder 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 shall not be grounds for treating the application as having been filed in a timely and complete manner;

(d) In addition to timely and complete filing to renew a permit, a permit holder must annually lawfully land the required pounds and/or landings listed in OAR 635-006-0850. However, if a permit holder obtained a permit later than July 1 of the prior year, the permit holder shall not be required to make the annual landing requirement by the following January. Instead, at the next renewal thereafter, the permit holder shall be required to demonstrate the annual landing requirement was fulfilled during the first full year in which the permit was held.

(e) Landings made by one vessel can not be used for qualification to renew more than one permit per permit category in any given year.

(f) In addition to the above landing requirements, logbooks required under OAR 635-006-0890 must be turned into an ODFW office by the application deadline for renewal of a permit.

(7) Authority of Director: Consistent with OAR 635-006-0810 through 635-006-0950, the Director is authorized to issue Developmental Fisheries Permits under the authority of ORS 506.460.

Stat. Auth.: ORS 506.109 & 506.119
Stats. Implemented: ORS 506.129 & 506.450
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94; FWC 2-1996, f. & cert. ef. 1-23-96; FWC 1-1997, f. & cert. ef. 1-16-97; DFW 3-1998, f. & cert. ef. 1-12-98; DFW 93-1998, f. & cert. ef. 11-25-98; DFW 30-2001, f. & cert. ef. 5-4-01; DFW 102-2001, f. & cert. ef. 10-23-01; DFW 119-2001, f. & cert. ef. 12-24-01; DFW 48-2002(Temp), f. & cert. ef. 5-13-02 thru 11-8-02; DFW 116-2002, f. & cert. ef. 10-21-02; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 6-2004(Temp), f. 1-28-04, cert. ef. 1-31-04 thru 3-31-04; DFW 24-2004, f. & cert. ef. 3-23-04; DFW 121-2004, f. 12-13-04, cert. ef. 12-15-04; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 4-2008, f. & cert. ef. 1-23-08; DFW 149-2008, f. & cert. ef. 12-17-08; DFW 145-2009, f. 12-9-09, cert. ef. 1-1-10

635-006-0915

Preference Point System

(1) Valid applicants who did not receive a permit during the lottery shall receive one preference point applicable to subsequent permit lotteries for the species gear category (listed in OAR 635-006-0850) for which points were accrued, except as excluded in section (5) of this rule.

(2) Persons who submit the initial proposal to add a species to the Developmental Fisheries Species list (OAR 635-006-0850) shall be granted one preference point applicable to the first permit lottery for the new permit category.

(3) Applicants shall accrue no more than one preference point per species gear category per year.

(4) Applicants successful in obtaining a permit shall have zero preference points when they next apply for a new permit in that species gear category.

(5) Applicants will forfeit preference points accumulated for a species gear category when they do not apply for that species gear category for two consecutive years.

(6) Department records are final to determine accrued preference points for permit applicants.

(7) Each applicant's preference point accrual record will be jointly linked to his or her social security number or tax ID number and vessel document number. Preference point applicants shall use the same social security number or tax ID number and vessel document number each time they apply for a permit.

(8) Applicants will receive no preference points when their application is not received by the appropriate application date.

Stat. Auth.: ORS 506.109 & ORS 506.119
Stats. Implemented: ORS 506.129 & ORS 506.450 – ORS 506.465
Hist.: DFW 3-1998, f. & cert. ef. 1-12-98; DFW 85-1999, f. & cert. ef. 11-1-99

635-006-0930

Review of Denials (Developmental Fisheries Program)

(1) An individual whose application for issuance, renewal or transfer of a permit established pursuant to OAR 635-006-0910 is denied may make written request, to the Commercial Fishery Permit Board (Board) for review of the denial. The review provided in this subsection is in lieu of any such review by the State Department of Fish and Wildlife or the State Fish and Wildlife 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 permits if the Board finds that the individual failed to meet the requirements as the result of illness, accident or other circumstances beyond the individual's control.

(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 permits.

Stat. Auth.: ORS 506.109 & 506.119
Stats. Implemented: ORS 506.129 & 506.450
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94; DFW 48-2002(Temp), f. & cert. ef. 5-13-02 thru 11-8-02; DFW 116-2002, f. & cert. ef. 10-21-02; DFW 121-2004, f. 12-13-04, cert. ef. 12-15-04; DFW 4-2008, f. & cert. ef. 1-23-08

635-006-0940

Emergency Suspension of Permits

In the event of a resource emergency, the Director may, after consultation with the Board, suspend temporarily all or any permits in a developmental fishery. Such suspension shall be in effect only until such time as the Commission considers whether to terminate or make permanent the suspension.

Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94

635-006-0950

Reduction of Permit Numbers

If habitat impacts, incidental catch and/or reduced catch-per-unit effort raise concerns, the Commission, in consultation with the Board, may establish a system to reduce the number of permits issued. The Commission may choose a system which includes, but is not limited to:

(1) Reduction through attrition of permits not meeting the minimum level of effort for renewal.

(2) Recall of all existing permits and reissuance through a lottery system up to the new level of permits allowed.

(3) Revocation of permits by date-of-issue: last permit issued is first removed.

Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94

Restricted Vessel Permit Systems

635-006-1005

Introduction to Organization

(1) Over the years, a variety of laws have been passed concerning limited entry commercial fisheries. Some statutes are very detailed and little rulemaking is needed to implement these statutes. Other statutes rely on the rulemaking authority of the Fish and Wildlife Commission to create a limited entry system. Previously, administrative rules were organized by fisheries, resulting in inconsistent provisions as well as duplication. This new rule approach is based on topics, rather than specific fisheries. 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) Definitions -- OAR 635-006-1010;

(b) Requirement for permit -- OAR 635-006-1015;

(d) Eligibility Requirements for a Permit -- OAR 635-006-1035;

(e) Evidence of Eligibility -- OAR 635-006-1050;

(f) Revocation and Refusal to Issue Permits -- OAR 635-006-1060;

(g) Review of Denials -- OAR 635-006-1065;

(h) Renewal of Permit -- OAR 635-006-1075;

(i) Lottery for Certain Limited Entry Fisheries -- OAR 635-006-1085;

(j) Transferability of Permits -- OAR 635-006-1095;

(k) Logbook Required in Sea Urchin Fishery -- OAR 635-006-1110;

(l) Vessel Length Modification in Ocean Dungeness Crab Fishery -- OAR 635-006-1120;

(m) Commercial Fisheries Boards -- OAR 635-006-1200;

(n) Agency Representation by Employee -- OAR 635-006-1210.

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96

635-006-1010

Definitions

(1) For the purpose of OAR 635-006-1015 through 635-006-1210:

(2) "Bay clam dive fishery" shall mean the commercial fishery for bay clams (including: cockle clams, Clinocardium nuttallii; butter clams, Saxidonus giganteus; gaper clams, Tresus capas, nuttallii: native littleneck clams, Protothaca stamines; and softshell clams, Mya arenaria) from subtidal areas in Oregon estuaries using dive gear.

(3) "Black rockfish/blue rockfish/nearshore fishery" shall mean the commercial fishery for black rockfish, blue rockfish and nearshore fish.

(4) "Brine shrimp fishery" shall mean the commercial fishery for adult Artemia spp. from Lake Abert (Lake County).

(5) "Completion" of a vessel for the purposes of initial eligibility for an Oregon ocean Dungeness crab permit pursuant to ORS 508.931 is defined as:

(a) A date identified in a contract document as the proposed or actual date of completion; or

(b) The date an insurance policy was in effect covering the vessel for loss or liability; or

(d) Other written document acceptable to the Department that establishes the actual date the vessel was completed for the purposes of entering the Oregon ocean Dungeness crab fishery.

(6) "Crab fishing season" is the period from December 1 of one year through August 14 of the next year.

(7) "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. For the purpose of initial ocean Dungeness crab permit issuance, length of the vessel is overall length of the vessel on September 9, 1995.

(8) "Ocean Dungeness crab fishery" for the purposes of ORS 508.926, means all fishing for Dungeness crab in Oregon waters of the Columbia River and all other ocean water seaward of Oregon's coastline and river mouths.

(9) "Owner" is 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.

(10) "Replacement vessel" is a vessel purchased to replace a permitted vessel which has been lost due to fire, capsizing, sinking or other event. For the ocean Dungeness crab fishery, a replacement vessel shall be no more than 10 feet greater than the vessel which it replaces.

(11) "Sardine fishery" shall mean the commercial fishery for Pacific sardines (Sardinops sagax) in all ocean waters seaward of Oregon's coastline and river mouths.

(12) "Sea urchin fishery" shall mean the commercial fishing for Strongylocentrotus franciscanus, S. purpuratus, and S. droebachiensis.

(13) "Under construction" for the purposes of initial eligibility for an Oregon ocean Dungeness crab permit pursuant to ORS 508.931, means that between December 1, 1988, and August 14, 1991, a contract was signed and earnest money paid equaling at least 10% of the value of the contract, or invoices have been paid for 10% or more of the total construction cost, to produce a newly constructed vessel, including, but not limited to, the laying of the new vessel's keel.

(14) "Yaquina Bay Roe-herring fishery" shall mean the commercial net fishery for Pacific herring (Clupea harengus pallasi) which occurs annually between January 1 and April 15 in Yaquina Bay pursuant to OAR 635-004-0027.

(15) "Initial eligibility for vessels to participate" for the purposes of application for an Ocean Dungness 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.

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109, 506.129 & 508.921 - 508.941
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 92-1998, f. & cert. ef. 11-25-98; 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

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;

(d) Scallop -- see ORS 508.840 and 508.843;

(e) Roe-herring:

(A) It is unlawful for an individual to operate a vessel in the Yaquina Bay roe-herring fishery without first obtaining a vessel permit issued pursuant to OAR 635-006-1035 through 635-006-1095;

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

(f) Sea Urchin:

(A) It is unlawful for an individual to take or attempt to take sea urchins for commercial purposes without first obtaining a permit issued pursuant to OAR 635-006-1035 through 635-006-1095;

(B) 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)(f) of this rule has not been issued.

(g) Ocean Dungeness crab:

(A) Except as provided under the reciprocity provisions of ORS 508.941(3), it is unlawful for an individual to operate a vessel in the ocean Dungeness crab fishery without first obtaining a vessel permit issued pursuant to ORS 508.931 or 508.941. A Dungeness crab vessel 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.

(B) If the Oregon Fish and Wildlife Commission (Commission) establishes a vessel crab pot limitation or allocation system beyond the 2002-03 ocean crab season, August 14, 2001 is the control date for eligibility criteria related to past participation in the ocean fishery.

(C) In addition to certifying that the vessel is free of crab on November 30 each year, as required by OAR 635-005-0045(1), each vessel operator must declare and certify on the Oregon hold inspection certification form the maximum number of pots that will be used in that season’s fishery before fishing.

(D) A single delivery license may 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 permit in lieu of a commercial fishing and boat license. However, crab may not be landed more than twice in any one crab season using single delivery permits.

(E) Effective December 1, 2006, the number of crab pots allocated to a permit required under section (A) above will be determined as follows:

(i) 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;

(ii) The crab pot allocation will be the highest number of pots 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);

(iii) A crab pot 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;

(iv) A crab pot 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

(v) A crab pot 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.

(h) Developmental Fisheries: See ORS 506.450 through 506.465 and OAR 635-006-0800 through 635-006-0950.

(i) July 1, 2001 is the control date to establish eligibility criteria for the purpose of future limited entry programs for the commercial groundfish fishery.

(j) Black rockfish/blue rockfish/nearshore fishery -- see ORS 508.945.

(k) Brine Shrimp:

(A) It is unlawful to take or attempt to take brine shrimp for commercial purposes without first obtaining a brine shrimp fishery permit issued pursuant to OAR 635-006-1035 through 635-006-1095;

(B) 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.

(C) The Oregon Department of Fish and Wildlife (Department) may issue no more than three permits required by section (1)(k) of this rule.

(l) Bay clam dive fishery:

(A) It is unlawful:

(i) To take or attempt to take bay clams, using dive gear, for commercial purposes from subtidal areas in any Oregon estuary without first obtaining a coast-wide bay clam dive fishery permit issued pursuant to OAR 635-006-1025 through 635-006-1095;

(ii) To take or attempt to take bay clams, using dive gear, for commercial purposes from subtidal areas in Oregon estuaries south of Heceta Head without first obtaining a south-coast bay clam dive fishery permit issued pursuant to OAR 635-006-1025 through 635-006-1095;

(iii) For a wholesaler, 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 this rule.

(iv) To take or attempt to take bay clams where more than two divers operating from any one boat were in the water at the same time or where more than two persons without permits, excluding persons authorized by the Department for the performance of official duties, were on board any boat while harvesting, possessing, or transporting bay clams.

(B) The Department may not issue more than ten coast-wide permits required by section (1)(l)(A)(i) of this rule and five south-coast permits required by (1)(l)(A)(ii) of this rule.

(C) Permits may be issued to individuals or to vessels, designated at the beginning of the year. Designation may not change during the year.

(m) Sardine fishery:

(A) It is unlawful for an individual to operate a vessel in the Sardine fishery without first obtaining a vessel permit issued pursuant to OAR 635-006-1035 through OAR 635-006-1095. The sardine fishery permit is not required for vessels to retain sardines as incidental catch in other fisheries.

(B) 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)(m)(A) of this rule has not been issued.

(D) The Sardine Advisory Group as defined under OAR 635-006-1065 may advise the Commission on increasing the number of permits, developing criteria for issuing the new permits, and other regulations concerning the sardine fishery.

(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 ORS 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) No vessel permit may be transferred away from a vessel without the lien holder’s written permission.

(7) 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 506.119
Stats. Implemented: ORS 506.109, 506.129 & 508.921–508.941
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

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 nonresident 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 nonresident 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.

(3) Shrimp:

(a) The annual fee is $125.00 (plus a $2.00 license agent fee) for resident applicants and $290.00 (plus a $2.00 license agent fee) for nonresident applicants. See ORS 508. 901 and 508.907.

(b) A fee of $100.00 shall be charged for each transfer of participation rights under this section.

(4) Scallop:

(a) The annual fee is $125.00 (plus a $2.00 license agent fee) for resident applicants and $290.00 (plus a $2.00 license agent fee) for nonresident applicants. See ORS 508.858 and 508.840.

(b) A fee of $100.00 shall be charged for each transfer of participation rights under this section.

(5) Roe-herring:

(a) The annual fee is $125.00 (plus a $2.00 license agent fee) for resident applicants and $290.00 (plus a $2.00 license agent fee) for nonresident applicants. See ORS 508.765.

(b) A fee of $100.00 shall be charged for each transfer of participation rights under this section.

(6) Sea Urchin:

(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 nonresident applicants. See ORS 508.760.

(b) A fee of $100 shall be charged for each transfer of participation rights under this section.

(7) Ocean Dungeness crab:

(a) The annual fee is $125.00 (plus a $2.00 license agent fee) for resident applicants and $290.00 (plus a $2.00 license agent fee) for nonresident applicants. See ORS 508.941(4).

(b) A fee of $100.00 shall be charged for each transfer of participation rights under this section.

(8) Black rockfish/blue rockfish/nearshore fishery -- $100.00 (plus a $2.00 license agent fee). See ORS 508.949 and ORS 508.957.

(a) A fee of $100.00 shall be charged for each transfer of participation rights under this section.

(9) Brine Shrimp:

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

(10) Bay clam dive fishery:

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

(11) Sardine fishery:

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

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.

(3) Shrimp -- see ORS 508.886 and 508.895.

(4) Scallop -- see ORS 508.852.

(5) Roe-herring -- The ODFW shall issue a permit as per ORS 508.765:

(a) By renewal of previous year’s permit;

(b) Through the lottery if a lottery is held in accordance with OAR 635-006-1085.

(6) Sea Urchin -- An individual licensed as a commercial fisher under ORS 508.235 is eligible to obtain the permit required by OAR 635-006-1015:

(a) By renewal of previous year’s permit; or

(b) Through the lottery if a lottery is held in accordance with OAR 635-006-1085; or

(d) By combining three currently renewed permits into one new permit as provided in OAR 635-006-1095.

(7) Ocean Dungeness crab:

(a) See ORS 508.931;

(b) For the purposes of eligibility for the Ocean Dungeness Crab Fishery Permit, a boat which received a license waiver issued pursuant to ORS 508.808 shall be considered as having possessed a boat license for that year;

(c) 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 Fishery Permit. A Single Delivery License may not be substituted for a boat license for this purpose.

(8) Black rockfish/blue rockfish/nearshore fishery -- see ORS 508.947.

(9) Brine Shrimp -- A commercial fisher licensed under ORS 508.235 is eligible to obtain the permit required by OAR 635-006-1015:

(a) By renewal of previous year's permit; or

(b) Through the lottery if a lottery is held in accordance with OAR 635-006-1085.

(10) Bay clam dive fishery -- An individual licensed as a commercial harvester under ORS 508.235 or a vessel is eligible to obtain the permit required by OAR 635-006-1015:

(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 (OAR 635-006-0900) 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; or

(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 (OAR 635-006-0900) 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.

(11) Sardine fishery:

(a) An individual or entity is eligible to obtain the vessel permit required by OAR 635-006-1015:

(A) If issued a Sardine Permit under the Developmental Fisheries Program (OAR 635-006-0900) in 2005; and

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

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

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

(b) If the number of permits issued under section (11)(a) of this rule is less than 20, enough permits to reach a total of 20 may be issued under section (11)(c) of this rule to vessels in order of highest total number of deliveries during 2000-2004.

(c) An individual or entity is eligible to obtain the vessel permit under section (11)(b) of this rule if the vessel for which applications is made:

(A) Was not issued a permit under section (11)(a) of this rule; and

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

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

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

(d) 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.

(e) An individual or entity is eligible to obtain the vessel permit required by OAR 635-006-1015:

(A) By renewal of the previous year’s permit as specified in OAR 635-006-1075; or

(B) Through the lottery if a lottery is held in accordance with OAR 635-006-1085.

Stat. Auth.: ORS 506.119
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

635-006-1050

Evidence of Eligibility

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 506.119
Stats. Implemented: ORS 506.109
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

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.

(3) Shrimp permit -- see ORS 508.898.

(4) Scallop permit -- see ORS 508.855.

(5) Roe-herring permit -- see ORS 508.485 and 508.490.

(6) Sea Urchin permit -- see ORS 508.485 and 508.490.

(7) Ocean Dungeness crab permit -- see ORS 508.485 and 508.490.

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109
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

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;

(d) Scallop -- see ORS 508.867;

(e) Roe-herring -- see ORS 508.765. For the roe-herring fishery, the Board may waive 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) The Board finds that the individual failed to meet the requirements as the result of illness, accident or other circumstances beyond the individual’s control.

(f) Sea Urchin -- see ORS 508.760. For the sea urchin fishery, the Board may waive requirements for permits if the Board finds that failure to meet the requirements was due to illness, injury or circumstances beyond the control of the permittee;

(g) Ocean Dungeness crab -- see ORS 508.941. For the Ocean Dungeness crab fishery, a permit holder may request review of the Department's initial crab pot 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 adjust the number of crab pots allocated to a permit or approve replacement of lost buoy tags as follows:

(A) The Board may adjust the number of crab pots allocated to a permit:

(i) Based on additional landings documentation supplied by permit holder according to criteria under OAR 635-006-1015(1)(g)(E); or

(ii) The crab pot allocation may be increased by one tier as described under OAR 635-006-1015(1)(g)(E) based on circumstances during the qualifying seasons described in OAR 635-006-1015(1)(g)(E) beyond the control of the permit holder which created undue hardship as defined by OAR 635-006-1095(7)(d).

(B) The Board may approve replacement of lost buoy tags due to a catastrophic loss as defined under OAR 635-005-0055(1)(6)(g)(B).

(C) The Board may waive the permit renewal date requirement if the Board finds that strict adherence to this requirement would create undue hardship to the individual seeking to renew a permit. For this purpose, undue hardship has the same meaning as in OAR 635-006-1095(7)(d).

(h) Black rockfish/blue rockfish/nearshore fishery -- see ORS 508.960.

(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 $75 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 ORS 183.550.

(5) Bay clam dive fishery permit:

(a) An individual whose application for issuance, renewal or transfer of a permit established pursuant to OAR 635-006-1075 through 635-006-1095 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.

(b) 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 permits if the Board finds that the individual failed to meet the requirements as the result of illness, accident or other circumstances beyond the individual’s control.

(c) 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.

(d) The Board may delegate to the Department its authority to waive requirements for renewal of permits.

(6) Sardine fishery permit:

(a) An individual whose application for issuance, renewal or transfer of a permit established pursuant to 635-006-1075 and 635-006-1095 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.

(b) The Board shall review a denial of an application for 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 permits if the Board finds that the individual failed to meet the requirements as the result of illness, accident or other circumstances beyond the individual’s control.

(c) 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.

(d) The Board may delegate to the Department its authority to waive requirements for renewal of permits.

(e) The Sardine Advisory Group:

(A) Shall consist of members appointed by the Commission as follows:

(i) Three members shall be chosen to represent the sardine industry.

(ii) Two members shall be chosen to represent the public.

(B) Is subject to requirements of OAR 635-006-1200 sections (1) and (2).

(7) Brine shrimp fishery permit:

(a) An individual whose application for issuance, renewal or transfer of a permit established pursuant to 635-006-1075 through 635-006-1095 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.

(d) The Board may delegate to the Department its authority to waive requirements for renewal of permits.

Stat. Auth.: ORS 506.119
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 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

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 nonresident 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 nonresident applicants and a complete application, see ORS 508.807 and 508.816;

(d) Scallop -- see ORS 508.849 and 508.858;

(e) Roe-herring permit -- 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 nonresident applicants and a complete application;

(f) Sea Urchin permit:

(A) 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 nonresident 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.

(g) Ocean Dungeness crab permit -- see ORS 508.941. A permit which is not renewed by December 31 lapses, and may not be renewed for subsequent years.

(h) Black rockfish/blue rockfish/nearshore fishery -- see ORS 508.947.

(i) Brine Shrimp permit:

(A) Permits may be renewed by submission to the Department of 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.

(j) Bay clam dive fishery:

(A) Permits may be renewed by submitting to the Department $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 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) Logbooks required under OAR 635-006-1110 must be turned into an ODFW office by the application deadline for renewal of a permit.

(D) If a permit is transferred under OAR 635-006-1095(10)(d), annual renewal requirements are waived in the year the transfer occurred.

(k) Sardine fishery:

(A) Permits may be renewed for the following year:

(i) By submitting $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;

(ii) Submitting the logbooks required under OAR 635-006-1110; and

(iii) If during the year preceding the calendar year for which the permit is sought for renewal, the federal coastwide maximum harvest guideline referenced in OAR 635-004-0016 was greater than 100,000 metric tons and the permitted vessel lawfully landed into Oregon either (I) a minimum of 10 landings of sardines of a least 5 metric tons each, or (II) landings of sardines having an aggregate ex-vessel price of at least $40,000.

(B) The Commercial Fishery Permit Board may waive the landing requirements of section (A)(iii) of this rule if it finds that the failure to meet these requirements is due to the permit holder's illness or injury, or to circumstances beyond the control of the permit holder. Final Orders shall be issued by the Commercial Fishery Permit Board and may be appealed as provided in ORS 183.480 through 183.550.

(C) The Commission may, at its discretion, waive the landing requirements of section (A)(iii) of this rule for all Limited Entry Sardine Permit holders due to unusual market conditions.

(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 506.119
Stats. Implemented: ORS 506.109, 506.129 & 508.921 - 508.941
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

635-006-1085

Lottery for Certain Limited Entry Fisheries

(1) A lottery process is provided in all limited entry fisheries except ocean Dungeness crab.

(2) 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;

(d) Scallop -- see ORS 508.861. If the number of permits issued in accordance with ORS 508.849 falls below 25, the Department in the next succeeding calendar year may issue permits by a lottery system. However, the total number of permits issued shall not exceed 25;

(e) Roe-herring -- If the number of permits issued in accordance with OAR 635-006-1035 falls below six, 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 shall not exceed six;

(f) Sea Urchin:

(A) If the total number of permits which have been renewed, and/or for which an appeal is pending, with the Commercial Fishery Permit Board and/or awarded through a prior lottery, is less than 30, a lottery shall be held on the 4th Friday in April;

(B) An individual must be 18 years of age or older and furnish proof of age to be eligible for the lottery;

(C) An individual may not already hold a valid 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;

(D) 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 permits to any Department office, so that only one valid permit is held;

(E) 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;

(F) 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;

(G) 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;

(H) 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 (G) of this rule;

(I) 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;

(J) 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.

(g) Black rockfish/blue rockfish/nearshore fishery -- see ORS 508.955. If the number of permits issued in accordance with ORS 508.947 falls below 80 for black rockfish and blue rockfish permits or 50 for black rockfish and blue rockfish permits with a nearshore endorsement, the Department in the next succeeding calendar year may issue permits by a lottery system. However, the total number of permits issued shall not exceed 80 for black rockfish and blue rockfish permits or 50 for black rockfish and blue rockfish permits with a nearshore endorsement.

(h) Brine Shrimp -- If the number of permits issued in accordance with OAR 635-006-1035 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 shall not exceed three;

(i) Bay clam dive fishery -- If the number of permits issued in accordance with OAR 635-006-1035 falls below ten for coast-wide permits or five for south-coast permits, the Department may issue permits by a lottery system. However, as a result of any such lottery, the total number of permits issued shall not exceed ten for coast-wide permits or five for south-coast permits;

(j) Sardine fishery:

(A) If the number of permits issued in accordance with OAR 635-006-1035 falls below 24, the Department in the next succeeding calendar year may issue permits by a lottery system. However, as a result of such a lottery the total number of permits issued shall not exceed 26.

(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 fishery lottery.

(6) 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 506.119
Stats. Implemented: ORS 506.109
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

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.

(3) Shrimp -- see ORS 508. 907.

(4) Scallop -- see ORS 508.864.

(5) Roe-herring:

(a) A 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. However, 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;

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

(6) Sea Urchin:

(a) Medical Transfers: If the number of permits is at 31 or more, the Department may authorize a permit to be transferred to a specified individual for up to 90 days upon petition by a permittee on the form provided by the Department. 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. At the end of the transfer period, the transfer may be renewed by the Department to the original transferee or to a new transferee, provided that the permittee again submits medical evidence documenting that the injury or illness continues to prevent the permittee’s return to diving. 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 on or after January 1, 1996, and ending two years from that date. When the total number of permits reaches 30 or less the Department shall not allow any permit transfers for any medical reason;

(b) If the Department, or the Board, after review of a denial by the Department, allows a transfer, the original 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 (6)(a), request the Department to transfer the permit back to the original permit holder. Such transfer requires 30 days’ written notice to the Department. In any event, upon expiration of the transfer period specified in (6)(a), 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 (6)(a) of this rule;

(c) The total landings of sea urchins by all transferees of a permit shall not exceed the greater of either of the following amounts:

(A) Up to 5,000 pounds per 90-day period, not to exceed 5,000 pounds annually; or

(B) Twenty-five percent of the amount landed by the original permit holder in the previous season’s catch, for each 90-day period.

(d) Combination Permit Transfers: If the number of permits is at 31 or more, the Department may transfer permits from one person to another as follows:

(A) The individual receiving the transferred permit (the purchaser) obtains no more than three total permits, each of which is valid for the current year in which the permit is purchased, from existing permit holders;

(B) The Department combines the three permits into a single new permit issued to the purchaser; and

(C) No transferred permit is valid for harvesting sea urchins until conditions (6)(d)(A) and (6)(d)(B) are met. Individual permits which are transferred may not be used individually and are not renewable. Once a permit has been transferred in accordance with (6)(d)(A) the individual to whom the permit has been transferred has up to 24 months from the date of transfer to combine it with two others to create a valid new permit.

(e) When the total number of permits reaches 30 or less, 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;

(f) Lottery-issued permit transfers: No 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.

(7) Ocean Dungeness crab -- see ORS 508.936: and

(a) The vessel permit is transferable once in any 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 crab fishing seasons in the last five crab seasons which includes landings made during any season open at the time of application. Crab fishing season means ocean Dungeness crab season. However, the Board may waive the landing requirement as well as the 18-month waiting period for transfers, if the Board finds that strict adherence to these requirements would create undue hardship to the individual seeking to transfer a permit. 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;

(b) The vessel permit is transferable:

(A) To another vessel; or

(B) To the purchaser of the vessel when the vessel is sold.

(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.

(d) For the purpose of (7)(c)(A), the Commercial Fishery Permit Review Board may waive the boat length restriction if it finds that strict adherence would create undue hardship. For this purpose, undue hardship means significant adverse consequences caused by death, permanent disability injury or serious illness requiring extended care by a physician.

(e) Permits obtained as a result of qualifying under section (1)(e) of ORS 508.931 may only be transferred to vessels of a length of 26 feet or less;

(f) 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 fishery permit to a replacement vessel.

(8) Black rockfish/blue rockfish/nearshore fishery -- see ORS 508.957.

(9) Brine shrimp fishery: Permits are transferable.

(10) Bay clam dive fishery:

(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 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 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.

(c) The Department may authorize a permit issued to an individual to be transferred to a specified individual 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 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 on or after January 1, 2006, and ending two years from that date.

(D) If the Department, after review of a denial by the Commission, allows a transfer, the original 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 (10)(c), 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 (10)(c), 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 (10)(c) of this rule.

(11) Sardine Fishery:

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

(b) Applications to transfer a sardine fishery 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 506.109
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

635-006-1110

Logbook Required

(1) Sea urchin fishery: The Department shall provide a logbook to each individual permitted to harvest sea urchins. Each individual is responsible for maintaining the logbook in accordance with the instructions contained therein and shall, upon request of an authorized representative of the Department, permit examination and transcription of information from such logbook. Information so received by the Department shall be considered as confidential.

(2) Black rockfish/blue rockfish/nearshore fishery -- see ORS 508.953.

(3) Bay clam dive fishery: The Department shall provide a logbook to each permit holder permitted to harvest bay clams. Each permit holder is responsible for maintaining the logbook in accordance with the instructions contained therein and shall, upon request of an authorized representative of the Department, permit examination and transcription of information from such logbook. Information so received by the Department shall be considered as confidential.

(4) Sardine Fishery: The Department shall provide a logbook to each permit holder. Each permit holder is responsible for maintaining the logbook in accordance with the instructions contained therein and shall, upon request of an authorized representative of the Department, permit examination and transcription of information from such logbook. Catch records and trade secrets documented in the log book are confidential.

(5) Ocean Dungeness Crab Fishery: The Department shall provide a logbook to each permit holder. Each permit holder is responsible for maintaining the logbook in accordance with the instructions contained herein and shall, upon request of an authorized representative of the Department, permit examination and collection of information from such logbook. Catch records and trade secrets documented in the logbook are confidential.

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; 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 114-2007, f. & cert. ef. 10-25-07

635-006-1120

Vessel Length Modification in Ocean Dungeness Crab Fishery

(1) No vessel holding a ocean Dungeness crab permit shall 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 506.119
Stats. Implemented: ORS 506.109
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96

635-006-1200

Commercial Fisheries 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 506.119
Stats. Implemented: ORS 506.129 & ORS 508.920
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96

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 may 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;

(d) Admissibility of evidence; and

(e) Proper procedures to be used in the contested case hearing.

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 183.450
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; DFW 2-2002, f. & cert. ef. 1-3-02

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Alphabetical Index by Agency Name

Numerical Index by OAR Chapter Number

Search the Text of the OARs

Questions about Administrative Rules?

Link to the Oregon Revised Statutes (ORS)

Return to Oregon State Archives Home Page