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State
Oregon Regulations
CHAP 635 DEPARTMENT OF FISH AND WILDLIFE DIVISION 4 COMMERCIAL FISHERIES OTHER THAN SALMON OR SHELLFISH





The Oregon Administrative Rules contain OARs filed through July 14, 2006

DEPARTMENT OF FISH AND WILDLIFE

DIVISION 4

COMMERCIAL FISHERIES OTHER THAN
SALMON OR SHELLFISH

635-004-0003

Bait Restrictions

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

Stat. Auth.: ORS 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.036 & 508.306
Hist.: DFW 24-2005, f. 4-15-05, cert. ef. 5-1-05

Halibut Fishery
635-004-0005

Scope of Rules

Division 004 incorporates into Oregon Administrative Rules, by reference, Pacific Halibut Fishery Regulations of the International Pacific Halibut Commission (IPHC), and in addition to the extent they are consistent with these regulations, Title 50 of the Code of Federal Regulations, Part 300, Subpart E (61FR35550, July 5, 1996), as amended by Federal Regulations, Vol. 70, No. 74, dated April 19, 2005. Therefore, persons must consult the Federal Regulations in addition to Division 004 to determine all rules applicable to halibut fishing requirements. It is unlawful to take halibut for commercial purposes except as set by the IPHC and in accordance with a valid permit issued by the IPHC.

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

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.129
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0725, Renumbered from 635-036-0330; FWC 25-1989(Temp), f. & cert. ef. 4-5-89; FWC 51-1989, f. & cert. ef. 7-28-89; FWC 32-1990(Temp), f. & cert. ef. 4-4-90; FWC 67-1991, f. 6-25-91, cert. ef. 7-1-91; FWC 94-1995(Temp), f. 12-29-95, cert. ef. 1-1-96; FWC 9-1996, f. 3-5-96, cert. ef. 3-8-96; FWC 25-1997, f. 4-22-97, cert. ef. 5-1-97; DFW 91-1998, f. & cert. ef. 11-25-98; DFW 98-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 81-2000, f. 12-22-00, cert. ef. 1-1-01; DFW 118-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 135-2002, f. 12-23-02, cert. ef. 1-1-03; DFW 128-2003, f. 12-15-03, cert. ef. 1-1-04; DFW 120-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 29-2005(Temp), f. 4-29-05, cert. ef. 5-1-05 thru 10-27-05 (Suspended by DFW 72-2005(Temp), f. & cert. ef. 7-7-05 thru 10-27-05); DFW 56-2005, f. 6-21-05, cert. ef. 7-1-05

635-004-0009

Halibut Seasons

The Pacific halibut commercial fishery in Oregon is regulated by the federal government and the International Pacific Halibut Commission (IPHC). OAR chapter 635, division 004 incorporates into Oregon Administrative Rules, by reference, modifications or additions to provisions determined by the Commission and to the extent they are consistent with Title 50 of the Code of Federal Regulations, Part 300, Subpart E (61FR35550, July 5, 1996); Volume 70, Number 37, dated February 25, 2005.

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

Stat. Auth.: ORS 496.138, 496.162, 506.036, 506.109, 506.119, 506.129
Stats. Implemented: ORS 496.162, 506.129
Hist.: DFW 56-2005, f. 6-21-05, cert. ef. 7-1-05

Sardine Fishery
635-004-0011

Fishing Gear

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

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.129
Hist.: DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06

635-004-0013

Bycatch Restriction

All groundfish, as defined by OAR 365-004-0020 and salmon must be returned to the water immediately. Every effort must be made to dipnet salmon out of the seine net before they go through a pump system.

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.129
Hist.: DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06

635-004-0014

No Directed Reduction Fishery Allowed

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

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

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06

635-004-0016

Harvest Guideline

This rule incorporates, by reference, the sardine management measures for 2006 included in the Pacific Council list of decisions for the November 2005 Pacific Fishery Management Council meeting, and in addition to the extent they are consistent with these rules, Code of Federal Regulations, Title 50 Part 660, as amended to incorporate the standards recommendations of the Pacific Council. Therefore, persons must consult the Federal Regulations in addition to this rule to determine all applicable sardine fishing requirements. Where regulations refer to the fishery management area, that area is extended from shore to three nautical miles from shore coterminous with the Exclusive Economic Zone.

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

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06

635-004-0018

Scope of Rules

Division 004 incorporates into Oregon Administrative Rules, by reference, the groundfish specifications and management measures for 2005 included in the Pacific Council News, Volume 28, Number 2, Summer 2004, and in addition to the extent they are consistent with these rules, Code of Federal Regulations, Title 50 Part 660, Subpart G (61FR34572, July 2, 1996, as amended to incorporate the standards in Vol. 28, No. 2 of the Pacific Council News). Therefore, persons must consult the Pacific Council News and Federal Regulations in addition to division 004 to determine all applicable groundfish fishing requirements. Where regulations refer to the fishery management area, that area is extended from shore to three nautical miles from shore coterminous with the Exclusive Economic Zone. A copy of the Pacific Council News and the Federal Regulations may be obtained by contacting Pacific Council News at www.pcouncil.org or at 7700 NE Ambassador Place, Suite 200, Portland, OR 97220-1384.

Stat. Auth.: ORS 496.138 & 506.119
Stats. Implemented: ORS 496.162 & 506.129
Hist.: FWC 141-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 95-1994, f. 12-28-94, cert. ef. 1-1-95; FWC 71-1996, f. 12-26-96, cert. ef. 1-1-97; DFW 1-1998, f. & cert. ef. 1-9-98; DFW 91-1998, f. & cert. ef. 11-25-98; DFW 98-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 81-2000, f. 12-22-00, cert. ef. 1-1-01; DFW 118-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 135-2002, f. 12-23-02, cert. ef. 1-1-03; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 128-2003, f. 12-15-03, cert. ef. 1-1-04; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05

635-004-0019

Inclusions and Modifications

(1) OAR chapter 635, division 004, modifies or is in addition to provisions contained in Code of Federal Regulations, Title 50, Part 660, Subpart G, West Coast Groundfish Fisheries.

(2) The Code of Federal Regulations (CFR), Title 50, Part 660, Subpart G, provides requirements for commercial groundfish fishing in the Pacific Ocean off the Oregon coast. However, additional regulations may be promulgated subsequently, and these supersede, to the extent of any inconsistency, the Code of Federal Regulations.

(3) Notwithstanding the regulations as defined in OAR 635-004-0018, the National Marine Fisheries Service (NMFS) by means of NMFS-SEA-06-01, announced inseason management measures, effective March 1, 2006, including but not limited to adjusted Rockfish Conservation Area (RCA) boundaries, commercial trip limit tables and darkblotched rockfish optimal yield (OY).

(4) Notwithstanding the regulations as defined in OAR 635-004-0018, the National Marine Fisheries Service (NMFS) by means of NMFS-SEA-06-03, announced inseason management measures, effective May 1, 2006, including but not limited to adjustments to chilipepper rockfish limited entry trawl; sablefish open access trip limits; and gear restrictions in the limited entry fixed gear and open access fisheries for "other flatfish."

(5) Notwithstanding the regulations as defined in OAR 635-004-0018, the National Marine Fisheries Service (NMFS) by means of NMFS-SEA-06-04, announced inseason management measures, effective July 1, 2006, including but not limited to adjustments to the trawl rockfish conservation area (RCA); minor slope and darkblotched rockfish limited entry trawl trip limits; splitnose rockfish limited entry trawl trip limits and an inseason "trigger" mechanism which will be used to close and/or adjust bottom trawl fisheries if specific criteria are met prior to the September, 2006, Pacific Fishery Management Council (PFMC) meeting.

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

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109 & 506.129
Hist.: DFW 76-1999(Temp), f. 9-30-99, cert. ef. 10-1-99 thru 12-31-99; DFW 81-1999(Temp), f. & cert. ef. 10-12-99 thru 12-31-99; DFW 98-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 23-2005(Temp), F. & cert. ef. 4-8-05 thru 10-4-05; DFW 30-2005(Temp), f. 4-29-05, cert. ef. 5-1-05 thru 10-27-05; DFW 43-2005(Temp), f. & cert. ef. 5-13-05 thru 10-17-05; DFW 68-2005(Temp), 6-30-05, cert. ef. 7-1-05 thru 12-27-05; DFW 114-2005(Temp), f. 9-30-05, cert. ef. 10-1-05 thru 12-31-05; DFW 125-2005(Temp), f. & cert. ef. 10-19-05 thru 12-31-05; DFW 134-2005(Temp), f. & cert. ef. 11-30-05 thru 12-31-05; DFW 147-2005(Temp), f. 12-28-05, cert. ef. 1-1-06 thru 6-28-06; DFW 8-2006(Temp), f. 2-28-06, cert. ef. 3-1-06 thru 8-25-06; DFW 25-2006(Temp), f. 4-28-06, cert. ef. 5-1-06 thru 10-27-06; DFW 55-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-27-06

635-004-0020

Definitions

As used in these regulations, unless the context requires otherwise:

(1) "At-sea processing" means processing that takes place on a vessel or other platform that floats and is capable of being moved from one location to another whether shoreside or on the water.

(2) "DTS complex" includes Dover sole (Microstomus pacificus), thornyhead (Sebastolobus spp.), and trawl-caught sablefish (blackcod, Anoplopoma fimbria).

(3) "Exclusive economic zone" means the zone between 3-200 nautical miles offshore of the United States.

(4) "Fishing gear" includes:

(a) "Beam trawl" means a trawl which is held open by a fixed beam frame;

(b) "Bobbin trawl" means the same as roller trawl, and is a type of bottom trawl;

(c) "Bottom trawl" means a trawl in which the otter boards or the footrope of the net contact the seabed, and includes Danish and Scottish seine gear. It also includes pair trawls fished on the bottom. Any trawl not meeting the requirements for pelagic trawls described in OAR 635-004-0040(5) is a bottom trawl;

(d) "Chafing gear" means webbing or other material attached to the codend of a trawl net to protect the codend from wear;

(e) "Codend" shall be defined as the last 50 mesh length constituting the terminal, closed end of a trawl. The meshes shall be counted forward of the pursing tackle which terminates the codend;

(f) "Double-ply mesh" or "Double-bar mesh" means two lengths of twine tied into a single knot;

(g) "Double-walled codend" means a codend constructed of two walls of webbing;

(h) "Fixed gear" means longline, trap or pot, setnet, and stationary hook-and-line gears;

(i) "Gill net" has the meaning as set forth in OAR 635-042-0010;

(j) "Hook-and-line" means one or more hooks attached to one or more lines;

(k) "Large footrope trawl gear" is a bottom trawl net with a footrope diameter larger than 8 inches (20 cm) (including rollers, bobbins or other material encircling or tied along the length of the footrope).

(l) "Longline" means a stationary buoyed, and anchored groundline with hooks attached;

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

(n) "Nontrawl gear" means all legal commercial groundfish gear other than trawl gear;

(o) "Pelagic trawl" (midwater or off-bottom) means a trawl in which the otter boards may be in contact with the seabed but the footrope of the net remains above the seabed. It includes pair trawls if fished in midwater. A pelagic trawl has no rollers or bobbins on the net;

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

(q) "Roller trawl" or "bobbin trawl" are identical, and mean a trawl net with footropes equipped with rollers or bobbins made of wood, steel, rubber, plastic, or other hard material which protects the net and footrope during fishing on the seabed. A roller trawl is a type of bottom trawl;

(r) "Seine" means any nonfixed net other than a trawl net or gill net;

(s) "Selective flatfish trawl gear" is a type of small footrope trawl gear. The selective flatfish trawl net must be a two-seamed net with no more than two riblines, excluding the codend. The breastline may not be longer than 3 ft (0.92 m) in length. There may be no floats along the center third of the headrope or attached to the top panel except on the riblines. The footrope must be shorter than 105 ft (32.26 m) in length. The headrope must be at least 30% longer in length than the footrope. An explanatory diagram of a selective flatfish trawl net is provided as Figure 1 of Part 660, Subpart G in Title 50 Code of Federal Regulations.

(t) "Set net" means a stationary, buoyed and anchored gill net or trammel net;

(u) "Single-walled codend" means a codend constructed of a single wall of webbing knitted with single or double-ply mesh;

(v) "Small footrope trawl gear" is a bottom trawl net with a footrope diameter of 8 inches (20 cm) or smaller (including rollers, bobbins or other material encircling or tied along the length of the footrope). Other lines or ropes that run parallel to the footrope must not be augmented with material encircling or tied along their length such that they have a diameter larger than 8 inches (20 cm). For enforcement purposes, the footrope will be measured in a straight line from the outside edge to the opposite outside edge at the widest part on any individual part, including any individual disk, roller, bobbin, or any other device.

(w) "Trammel net" means a gill net made with two or more walls joined to a common float line;

(x) "Trawl net" means a cone or funnel-shaped net which is towed or drawn through the water by one or two vessels. Trawl nets are used both on bottom and off bottom. They may be fished with or without trawl doors. They may employ warps or cables to herd fish. Trawl nets are restricted to beam trawl, bobbin or roller trawl, bottom trawl and pelagic trawl;

(y) "Trawl riblines" means heavy rope or lines that run down the sides, top, or underside of a trawl net from the mouth of the net to the terminal end of the codend to strengthen the net during fishing;

(z) "Troll" has the meaning as set forth in OAR 635-003-0010;

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

(5) "Groundfish" means all species of ocean food fish defined as groundfish in the Pacific Coast Groundfish Fishery Management Plan and in the Federal Groundfish Regulations, Title 50, Parts 660 and 663.

(6) "Inland waters" means all waters of the state except the Pacific Ocean.

(7) "Land, landed, 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.

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

(9) Management lines include:

(a) "Cape Arago" means a line extending due west at 43 degrees 20 minutes 50 seconds north latitude;

(b) "Cape Blanco" means a line extending due west at 42 degrees 50 minutes 00 seconds north latitude;

(c) "Cape Falcon" means a line extending due west at 45 degrees 46 minutes 00 seconds north latitude;

(d) "Cape Lookout" means a line extending due west at 45 degrees 20 minutes 15 seconds north latitude;

(e) "Cascade Head" means a line extending due west at 45 degrees 03 minutes 50 seconds north latitude;

(f) "Heceta Head" means a line extending due west at 44 degrees 08 minutes 18 seconds north latitude;

(g) "Humbug Mountain" means a line extending due west at 42 degrees 40 minutes 30 seconds north latitude;

(h) "Mack Arch" means a line extending due west at 42 degrees 13 minutes 40 seconds north latitude.

(10) "Ocean food fish" includes all saltwater species of food fish except salmon, halibut, and shellfish whether found in fresh or salt water.

(11) "Pacific Ocean" means all water seaward of the end of the jetty or jetties of any river, bay, or tidal area, except in the Columbia River the Pacific Ocean has the definition prescribed in OAR 635-003-0005, or all water seaward of the extension of the shoreline high watermark across the river, bay, or tidal area where no jetties exist.

(12) "Rockfish" includes:

(a) Aurora rockfish, Sebastes aurora;

(b) Bank rockfish, S. rufus;

(c) Black rockfish, S. melanops;

(d) Black and yellow rockfish, S. chrysomelas;

(e) Blackgill rockfish, S. melanostomus;

(f) Blue rockfish, S. mystinus;

(g) Bocaccio, S. paucispinis;

(h) Bronzespotted rockfish, S. gilli;

(i) Brown rockfish, S. auriculatus;

(j) Calico rockfish, S. dalli;

(k) California scorpionfish, Scorpaena quttata;

(l) Canary rockfish, Sebastes pinniger;

(m) Chilipepper, S. goodei;

(n) China rockfish, S. nebulosus;

(o) Copper rockfish, S. caurinus;

(p) Cowcod, S. levis;

(q) Darkblotched rockfish, S. crameri;

(r) Dusty rockfish, S. ciliatus;

(s) Flag rockfish, S. rubrivinctus;

(t) Gopher rockfish, S. carnatus;

(u) Grass rockfish, S. rastrelliger;

(v) Greenblotched rockfish, S. rosenblatti;

(w) Greenspotted rockfish, S. chlorostictus;

(x) Greenstriped rockfish, S. elongatus;

(y) Harlequin rockfish, S. variegatus;

(z) Honeycomb rockfish, S. umbrosus;

(aa) Kelp rockfish, S. atrovirens;

(bb) Longspine thornyhead, Sebastolobus altivelis;

(cc) Mexican rockfish, Sebastes macdonaldi;

(dd) Olive rockfish, S. serranoides;

(ee) Pacific ocean perch, S. alutus;

(ff) Pink rockfish, S. eos;

(gg) Quillback rockfish, S. maliger;

(hh) Redbanded rockfish, S. babcocki;

(ii) Redstripe rockfish, S. proriger;

(jj) Rosethorn rockfish, S. helvomaculatus;

(kk) Rosy rockfish, S. rosaceus;

(ll) Rougheye rockfish, S. aleutianus;

(mm) Sharpchin rockfish, S. zacentrus;

(nn) Shortbelly rockfish, S. jordani;

(oo) Shortraker rockfish, S. borealis;

(pp) Shortspine thornyhead, Sebastolobus alascanus;

(qq) Silvergray rockfish, Sebastes brevispinis;

(rr) Speckled rockfish, S. ovalis;

(ss) Splitnose rockfish, S. diploproa;

(tt) Squarespot rockfish, S. hopkinsi;

(uu) Starry rockfish, S. constellatus;

(vv) Stripetail rockfish, S. saxicola;

(ww) Tiger rockfish, S. nigrocinctus;

(xx) Treefish, S. serriceps;

(yy) Vermilion rockfish, S. miniatus;

(zz) Widow rockfish, S. entomelas;

(aaa) Yelloweye rockfish, S. ruberrimus;

(bbb) Yellowmouth rockfish, S. reedi.

(13) "Sebastes complex" means all rockfish managed by the Pacific Coast Groundfish Fishery Management Plan except Pacific ocean perch (Sebastes alutus), widow rockfish (S. entomelas), shortbelly rockfish (S. jordani), and thornyhead (Sebastolobus spp.). The Sebastes complex includes yellowtail rockfish (Sebastes flavidus).

(14) "Shore-based (shoreside) processors" means any facility where fish will be processed which is fixed permanently to land.

(15) "Tender" means any vessel that buys or obtains fish directly from a catching vessel and transports it to a port of landing or fish dealer.

(16) "Trip limit" means the total allowable amount of a groundfish species or species complex, by weight, or by percentage of fish on board, that may be taken and retained, possessed, or landed per vessel from a single fishing trip. A vessel which has landed its cumulative or daily limit may continue to fish on the limit for the next legal period as long as the fish are not landed until the next period:

(a) "Daily trip limit" means the maximum amount that may be taken and retained, possessed, or landed per vessel in 24 consecutive hours, starting at 0001 hours local time. Only one landing of groundfish may be made in that 24-hour period;

(b) "Cumulative trip limit" means the maximum amount that may be taken and retained, possessed, or landed per vessel in a specified period of time, without a limit on the number of landings or trips. Cumulative trip limits apply to calendar months.

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



635-004-0021

Catch Restrictions

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

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.129
Hist.: DFW 97-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 117-2002, f. & cert. ef. 10-21-02

635-004-0025

Closed Season

There is no closed season or area for the taking of ocean food fish for commercial purposes except:

(1) As provided in these rules or in the Code of Federal Regulations, Title 50 Part 660, subpart G.

(2) It is unlawful at all times to take Ocean food fish for commercial purposes from Oregon coastal bays, the Oregon estuary waters of the Columbia River, or from man-made structures, that extend from coastal bays, or within 200 yards of any man-made structure. This closure does not apply to:

(a) Ocean food fish taken in specific fisheries established by rule.

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

(c) Pacific herring, Pacific sardine (pilchard), anchovies, smelt, candlefish, and shad that are taken by hook-and-line and sold as bait.

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

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

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

635-004-0026

Pacific Ocean Herring Season

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

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 50-1979, f. & ef. 11-1-79

635-004-0027

Inland Waters Herring Season

There is no closed season for the commercial taking of herring in inland waters except:

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

(2) In Yaquina Bay:

(a) The open season for the taking of herring is January 1 through December 31;

(b) The yearly harvest quota for the Yaquina Bay commercial roe herring fishery during the period of January 1 through April 15 shall not exceed 20% of the available spawning biomass as established in the Yaquina River Basin Fish Management Operating Principles and Objectives 635-500-0665(2). The available spawning biomass shall be determined by the ODFW Fish Division's Marine Resources Program. Only fishers with a limited entry permit issued pursuant to ORS 508.765 may participate in this fishery.

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

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

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

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

Stat. Auth.: ORS 506.109, 506.119, 506.129 & 508.765
Stats. Implemented:
Hist.: FWC 50-1979, f. & ef. 11-1-79; FWC 67-1980, f. & ef. 12-3-80; FWC 4-1983, f. 1-28-83, ef. 2-1-83; FWC 8-1983(Temp), f. & ef. 2-15-83; FWC 8-1984(Temp), f. & ef. 3-5-84, FWC 29-1984, f. & ef. 7-3-84; FWC 9-1985(Temp), f. & ef. 2-20-85; FWC 5-1986(Temp), f. & ef. 2-11-86; FWC 6-1989(Temp), f. 2-15-89, cert. ef. 2-16-89; FWC 18-1990(Temp), f. 2-23-90, cert. ef. 2-24-90; FWC 13-1991(Temp), f. & cert. ef. 2-22-91; FWC 21-1995(Temp), f. 3-7-95, cert. ef. 3-8-95; FWC 10-1996(Temp), f. & cert. ef. 3-5-96; FWC 14-1997(Temp), f. & cert. ef. 3-10-97; DFW 11-2003, f. & cert. ef. 2-10-03; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 124-2004(Temp), f. 12-10-03, cert. ef. 1-1-04 thru 4-15-04; Administrative correction 8-2-04; DFW 119-2004(Temp), f. 12-13-04, cert. ef. 1-1-05 thru 4-15-05; Administrative correction 4-20-05; DFW 143-2005(Temp), f. 12-16-05, cert. ef. 1-1-06 thru 4-15-06; Administrative correction 4-19-06

635-004-0029

Sorting Required

It is unlawful to fail to sort, into the categories listed in 635-004-0033, prior to the first weighing after offloading, those groundfish species or species groups for which there is a trip limit, harvest guideline, quota or harvest cap.

Stat. Auth.: ORS 496.138, 496.162, 506.109 & 506.119
Stats. Implemented: ORS 506.129
Hist.: FWC 123-1989, f. 12-19-89, cert. ef. 1-1-90; FWC 141-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 36-1992, f. 5-26-92, cert. ef. 5-27-92; FWC 95-1994, f. 12-28-94, cert. ef. 1-1-95; DFW 135-2002, f. 12-23-02, cert. ef. 1-1-03; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05

635-004-0033

Groundfish Restrictions

(1) The season for most species of ocean food fish is open year-round, until catch quotas are met (where applicable). Regulations for the following species or species groups of ocean food fish change throughout the season and the Oregon Administrative Rules and federal regulations should be consulted before fishing:

(a) Minor Nearshore Rockfish

(b) Minor Shelf Rockfish (excluding tiger rockfish and vermilion rockfish)

(c) Minor Slope Rockfish

(d) Black Rockfish

(e) Blue Rockfish

(f) Cabezon

(g) Canary Rockfish

(h) Greenling

(i) Tiger Rockfish

(j) Vermilion Rockfish

(k) Widow Rockfish

(l) Yelloweye Rockfish

(m) Yellowtail Rockfish

(n) Darkblotched Rockfish

(o) Pacific Ocean Perch

(p) Longspine Thornyhead

(q) Shortspine Thornyhead

(r) Arrowtooth Flounder

(s) Dover Sole

(t) Petrale Sole

(u) Rex Sole

(v) Other Flatfish

(w) Lingcod

(x) Sablefish

(y) Pacific Whiting

(2) For the purpose of this rule a "harvest cap" is defined as the total catch for a given species, or species group, that may be taken in a single calendar year. For 2006, the commercial harvest caps are:

(a) Black rockfish and blue rockfish combined of 106.5 metric tons, of which no more than 102.5 metric tons may be black rockfish.

(b) Other nearshore rockfish, 13.5 metric tons.

(c) Cabezon, 31.3 metric tons.

(d) Greenling, 23.4 metric tons.

(3) In 2006, no vessel may land black rockfish and blue rockfish, combined, more than:

(a) 300 pounds per month in the months of January and February;

(b) 700 pounds per month in the months of March, April, May, June, July and August;

(c) 300 pounds per month in the months of September and October;

(d) 250 pounds per month in the months of November and December.

(4) In 2006, in any month, no vessel may land more than:

(a) 300 pounds of other nearshore rockfish.

(b) 1750 pounds of cabezon.

(c) 200 pounds of greenling.

Stat. Auth.: ORS 506.109 & 506.119
Stats. Implemented: ORS 506.129
Hist.: FWC 73-1982(Temp), f. & ef. 10-27-82; FWC 1-1983 (Temp), f. & ef. 1-6-83; FWC 10-1983, f. & ef. 3-1-83; FWC 23-1983(Temp), f. & ef. 6-14-83; FWC 41-1983(Temp), f. & ef. 9-6-83; FWC 3-1984 f. & ef. 1-26-84; FWC 18-1984 (Temp), f. 5-4-84, ef. 5-6-84; FWC 36-1984(Temp), f. 7-31-84, ef. 8-1-84; FWC 1-1985(Temp), f. & ef. 1-4-85; FWC 5-1985, f. & ef. 2-19-85; FWC 18-1985(Temp), f. 4-26-85, ef. 4-27-85; FWC 52-1985(Temp), f. 8-30-85, ef. 9-1-85; FWC 65-1985 (Temp), f. & ef. 10-4-85; FWC 82-1985, f. 12-16-85, ef. 1-1-86; FWC 50-1986(Temp), f. & ef. 8-29-86; FWC 81-1986, f. 12-31-86, ef. 1-1-87; FWC 57-1987(Temp), f. & ef. 7-24-87; FWC 104-1987, f. 12-18-87, ef. 1-1-88; FWC 97-1988(Temp), f. & cert. ef. 1-6-88; FWC 103-1988, f. 12-29-88, cert. ef. 1-1-89; FWC 49-1989(Temp), f. & cert. ef. 7-26-89; FWC 69-1990 (Temp), f. 7-24-90, cert. ef. 7-25-90; FWC 122-1990, f. 11-26-90, cert. ef. 11-29-90; FWC 130-1990, f. 12-31-90, cert. ef. 1-1-91; FWC 48-1991(Temp), f. & cert. ef. 5-3-91; FWC 82-1991(Temp), f. 7-30-91, cert. ef. 7-31-91; FWC 83-1991, f. 8-1-91, cert. ef. 7-31-91; FWC 58-1992(Temp), f. & cert. ef. 7-29-92; FWC 141-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 9-1992, f. 2-20-92, cert. ef. 2-21-92; FWC 58-1992(Temp), f. & cert. ef. 7-29-92; FWC 6-1993, f. 1-28-93, cert. ef. 2-1-93; FWC 10-1993, f. & cert. ef. 2-10-93; FWC 1-1994, f. & cert. ef. 1-14-94; FWC 32-1994, f. & cert. ef. 6-3-94; FWC 44-1994, f. 7-26-94, cert. ef. 8-1-94; FWC 95-1994, f. 12-28-94, cert. ef. 1-1-95; FWC 45-1995, f. & cert. ef. 6-1-95; FWC 94-1995(Temp), f. 12-29-95, cert. ef. 1-1-96; FWC 9-1996, f. 3-5-96, cert. ef. 3-8-96; DFW 118-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 119-2002(Temp), f. 10-24-02, cert. ef. 10-25-02 thru 12-31-02; DFW 135-2002, f. 12-23-02, cert. ef. 1-1-03; DFW 14-2003(Temp), f. 2-20-03, cert. ef. 2-21-03 thru 8-19-03; DFW 25-2003, f. & cert. ef. 3-26-03; DFW 60-2003(Temp), f. 7-15-03, cert. ef. 7-16-03 thru 12-31-03; DFW 79-2003(Temp), f. & cert. ef. 8-18-03 thru 12-31-03; DFW 102-2003(Temp), f. 9-30-03, cert. ef. 10-1-03 thru 12-31-03; DFW 128-2003, f. 12-15-03, cert. ef. 1-1-04; DFW 76-2004(Temp), f. 7-23-04, cert. ef. 7-28-04 thru 12-31-04; DFW 100-2004(Temp), f. & cert. ef 9-28-04 thru 12-31-04; DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 120-2004, f. 12-13-04, cert. ef. 1-1-05; DFW 31-2005(Temp), f. 4-29-05, cert. ef. 5-1-05 thru 10-27-05; DFW 82-2005(Temp), f. 7-29-05, cert. ef. 8-1-05 thru 12-31-05; DFW 86-2005(Temp), f. & cert. ef. 8-3-05 thru 12-31-05; DFW 119-2005(Temp), f. 10-10-05, cert. ef. 10-11-05 thru 12-31-05; DFW 135-2005(Temp), f. 11-30-05, cert. ef. 12-1-05 thru 12-31-05; DFW 138-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 50-2006(Temp), f. 6-28-06, cert. ef. 7-1-06 thru 12-27-06

635-004-0035

Fishing Gear

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

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

(a) Handline, pole-and-line, or pole-reel-and-line;

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

(c) Pots or traps;

(d) Dip nets of hoop or A-frame design;

(e) Troll gear is permitted in the ocean from May 1 of any year through April 14 of the following year;

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

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

(B) Tillamook Bay;

(C) Yaquina Bay;

(D) Alsea Bay;

(E) Winchester Bay;

(F) Coos Bay.

(g) Trawl nets (bottom and pelagic) are permitted in the ocean;

(h) Set nets (trammel nets and anchored gill nets) are permitted outside state waters for groundfish south of latitude 38 degrees N. (Pt. Reyes, Calif.). The use of set nets is prohibited in all areas of the Pacific Ocean north of latitude 38 degrees N. except when permitted by an experimental gear permit (OAR 635-006-0020) or except when permitted under the Developmental Fisheries Program (OAR 635-006-0800 through 635-006-0950);

(i) Spear.

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

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

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

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

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

(e) Pot gear used for hagfish shall include a biodegradable escape exit of at least three inches in diameter constructed with 120 thread size or smaller, untreated cotton twine or mild steel not to exceed 1/4-inch (six mm) in diameter or other materials approved by the State Oregon Department of Fish and Wildlife Director. All other species of finfish and shellfish caught in hagfish pots authorized under this rule must be returned immediately to the water.

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

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

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

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

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

635-004-0036

Black Rockfish Management Areas

In addition to catch restrictions set forth in the Code of Federal Regulations, Title 50 Parts 660 and 663, and OAR 635-004-0033, the following trip limit applies to black rockfish (Sebastes melanops) taken with all commercial gears except trawl:

(1) It is unlawful to take or retain more than 200 pounds of black rockfish or 65 fish, whichever is greater, per vessel from a single fishing trip within one of the following areas:

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

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

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

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

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

Stat. Auth.: ORS 506.119
Stats Implemented: ORS 506.129
Hist.: DFW 117-2002, f. & cert. ef. 10-21-02; DFW 128-2003, f. 12-15-03, cert. ef. 1-1-04

635-004-0040

Trawl Net Restrictions

It is unlawful while trawling for ocean food fish to use gear not meeting the following specifications:

(1) Mesh size. Trawl nets may be used if they meet the minimum mesh sizes set forth below. The minimum sizes apply throughout the net. Minimum trawl mesh size requirements are met if a 20-gauge stainless steel wedge, 3.0 or 4.5 inches (7.62 or 11.43 cm) (depending on the gear being measured) less one thickness of the metal at the widest part, can be passed with thumb pressure only through 16 of 20 sets of two meshes each of wet mesh. [Table not included. See ED. NOTE.]

(2) Chafing gear. Chafing gear may encircle no more than 50 percent of the net's circumference, except as provided in section (5) of this rule. No section of chafing gear may be longer than 50 meshes of the net to which it is attached. Chafing gear may be used only on the last 50 meshes of a small footrope trawl, measured from the terminal (closed) end of the codend. Except at the corners, the terminal end of each section of chafing gear on all trawl gear must not be connected to the net. (The terminal end is the end farthest from the mouth of the net.) Chafing gear must be attached outside any riblines and restraining straps. There is no limit on the number of sections of chafing gear on a net.

(3) Codends. Only single-walled codends may be used in any trawl. Double-walled codends are prohibited.

(4) Bottom, roller or bobbin trawls. A net used in a bottom, roller or bobbin trawl must have at least two continuous riblines sewn to the net and extending from the mouth of the trawl net to the terminal end of the codend, if the fishing vessel is simultaneously carrying aboard a net of less than 4.5 inch (11.43 cm) mesh size.

(5) Pelagic trawls. Pelagic trawl nets must have unprotected footropes at the trawl mouth, and must not have rollers, bobbins, tires, wheels, rubber discs, or any similar device anywhere in the net. Sweeplines, including the bottom leg of the bridle, must be bare. For at least 20 ft. (6.15m) immediately behind the footrope or headrope, bare ropes or mesh of 16-inch (40.6-cm) minimum mesh size must completely encircle the net. A band of mesh (a "skirt") may encircle the net under transfer cables, lifting or splitting straps (chokers), but must be: over riblines and restraining straps; the same mesh size and coincide knot-to-knot with the net to which it is attached; and no wider than 16 meshes.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 506.119 & 506.129
Stats. Implemented: ORS 506.119 & 506.129
Hist.: FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-010-0560, Renumbered from 635-036-0285; FWC 10-1983, f. & ef. 3-1-83; FWC 54-1985(Temp), f. & ef. 8-30-85; FWC 82-1985, f. 12-16-85, ef. 1-1-86; FWC 103-1988, f. 12-29-88, cert. ef. 1-1-89; FWC 112-1990, f. 10-3-90, cert. ef. 10-5-90; FWC 141-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 49-1995, f. 6-7-95, cert. ef. 9-8-95; DFW 32-2005(Temp), f. 4-29-05, cert. ef. 5-1-05 thru 10-27-05; DFW 70-2005, f. & cert. ef. 7-8-05

635-004-0048

Maintaining Records of Cumulative Catch

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

Stat. Auth.: ORS 496.138, 496.162, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 496.138, 496.162, 506.109, 506.119 & 506.129
Hist.: FWC 141-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 36-1992, f. 5-26-92, cert. ef. 5-27-92; FWC 95-1994, f. 12-28-94, cert. ef. 1-1-95

635-004-0050

Logbook Required

(1) The Department of Fish and Wildlife will provide a logbook to each licensed commercial fishing boat from which ocean food fish other than Dungeness crab are taken by means of a trawl net (including a shrimp trawl net), longline, hook-and-line, or pot. In addition, a logbook shall be provided to each licensed commercial fishing boat taking squid regardless of gear. The skipper of such boat shall be responsible for maintaining the logbook in an accurate and truthful manner in accordance with the instructions contained therein.

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

(3) The skipper of the licensed commercial fishing boat shall, upon request of an authorized representative of the Department of Fish and Wildlife, permit examination and transcription of information from such logbook. Information so received by the Department shall be considered as confidential.

(4) The agency copy of the logbook shall be surrendered upon request of Department personnel.

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.129
Hist.: FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-010-0570; FWC 34-1979, f. & ef. 8-22-79, Renumbered from 635-036-0295; FWC 15-1984, f. & ef. 4-5-84; DFW 38-1999, f. & cert. ef. 5-24-99; DFW 135-2002, f. 12-23-02, cert. ef. 1-1-03; DFW 120-2004, f. 12-13-04, cert. ef. 1-1-05

635-004-0052

Squid Harvest Guideline

Prior to reaching a harvest of 4.5 million pounds of squid, with not more than 3 million pounds taken north or south of Heceta Head, the Commission will hold a public hearing to evaluate the fishery.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 15-1984, f. & ef. 4-5-84

Coastal Rivers Shad Fishery
635-004-0055

Closed Season

(1) It is unlawful to take shad for commercial purposes from the inland waters of this state other than the Columbia River except: Coquille, Siuslaw, Umpqua, and Smith River, a tributary of the Umpqua River, from 6 a.m. May 10 to 6 a.m. July 1 of each year in the area not otherwise closed by ORS 511.506.

(2) Shad eight (8) inches or less in length may be taken for commercial purposes incidentally in the Inland Waters herring baitfish fishery when legally seining for herring as defined in OAR-004-0027.

Stat. Auth.: ORS 506
Stats. Implemented:
Hist.: FC 241, f. 4-5-72, ef. 4-15-72; FC 272(74-4), f. 3-20-74, ef. 4-11-74; FC 275(74-8)(Temp), f. & cert ef. 4-19-74, Renumbered from 625-010-0615, Renumbered from 635-036-0300; FC 275(74-8), f. 4-19-74, cert. ef. 5-11-74, Renumbered from 625-010-0615, Renumbered from 635-036-0300; FWC 77-1984, f. 11-28-84, ef. 12-1-84; DFW 112-2003, f. & cert. ef. 11-14-03

635-004-0060

Fishing Gear

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

(a) Gill nets or setnets of a mesh size not less than five inches nor more than 6-1/2 inches in the Coos, Coquille, and Siuslaw Rivers, except that in Coos Bay, the use of any setnet downstream of a straight line from the red blinking light on the south bank at the east end of the Marshfield Channel to the green blinking light at the east end of the Marshfield Channel just off the north-westerly end of Bull Island, and a straight line from the same green blinking light across the northern-most tip of Bull Island to the east bank of Cooston Channel is prohibited;

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

(c) Gill nets or setnets of a mesh size not less than six inches nor more than 6-3/4 inches in the Smith River, a tributary of the Umpqua.

(2) "Gill net" includes drift net or floater net and means a mesh net which takes fish commonly by gilling, having cork and lead lines and which is in a position to drift with the tide or current at all times in the waters in which it is being fished.

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

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

(5) "Setnet" means a net which takes fish commonly by gilling and which in operation is set or anchored in a fixed position to a specific location and is not free to move or drift with the current or tide.

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

(7) It is unlawful for a:

(a) Setnet or gill net which is constructed of material having a breaking strength greater than 24 pounds pull on any single mesh to be used during the 1977 coastal rivers shad season;

(b) Setnet or gill net which is constructed of material having a breaking strength greater than ten pounds pull on any single mesh to be used beginning with the 1978 coastal rivers shad season;

(c) Setnet to be used which exceeds 300 feet in length;

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

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

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

(g) Commercial fisherman to fish a setnet at a site which he has not registered with the Department of Fish and Wildlife;

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

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

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 241, f. 4-5-72, ef. 4-15-72; FC 272(74-4), f. 3-20-74, ef. 4-11-74; FC 287(74-22), f. 11-27-74, ef. 12-25-74; FWC 91, f. 2-23-77, ef. 3-1-77, Renumbered from 625-010-0620, Renumbered from 635-036-0305; FWC 27-1980, f. & ef. 6-23-80; FWC 77-1984, f. 11-28-84, ef. 12-1-84; FWC 8-1985 (Temp), f. & ef. 2-19-85; FWC 50-1989, f. 7-28-89, cert. ef. 7-31-89

635-004-0065

Incidental Catch of Salmon and Striped Bass

(1) It is unlawful to possess any salmon or striped bass taken as an incidental catch under OAR 635-004-0055 through 635-004-0060.

(2) Any person fishing with a gill net or setnet for shad under OAR 635-004-0055 through 635-004-0060 who upon lifting, drawing, taking up, or removing any such net from the water finds salmon or striped bass entangled or caught therein must immediately and carefully release and return the salmon or striped bass to the water. (continued)