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(continued) pon lifting, drawing, taking up, or removing any such net from the water finds salmon or striped bass entangled or caught therein must immediately and carefully release and return the salmon or striped bass to the water.
Stat. Auth.: ORS 506
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; FWC 52, f. & ef. 3-26-76, Renumbered from 625-010-0625, Renumbered from 635-036-0310; FWC 77-1984, f. 11-28-84, ef. 12-1-84; FWC 28-1988(Temp), f. & cert. ef. 4-29-88
Smelt Fishery
635-004-0070
Seasons
(1) Smelt may be taken for commercial purposes from the:
(a) Pacific Ocean at all times;
(b) Umpqua River at all times in those areas not closed to commercial fishing for shad;
(c) Sandy River at all times in the area below and west of the highway bridge at Troutdale, Oregon (U.S. 30 Alternate);
(d) Columbia River as described in OAR 635-042-0130.
(2) The taking of smelt for commercial purposes in areas and at times not specified in this rule is prohibited.
Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 241, f. 4-5-72, ef. 4-15-72; FC 290(75-3), f. 2-20-75, ef. 3-11-75, Renumbered from 625-0100-210; FWC 16-1979, f. & ef. 4-27-79, Renumbered from 635-036-0140; FWC 83-1985, f. 12-17-85, ef. 12-18-85
635-004-0075
Fishing Gear
It is unlawful to take smelt for commercial purposes from the:
(1) Pacific Ocean by any means other than fishing gear authorized for the taking of ocean food fish.
(2) Umpqua River by any means other than dip nets and gill nets of a mesh size no more than two inches nor more than 600 feet in length.
(3) Sandy River by any means other than dip nets.
(4) Columbia River by any means other than those described in OAR 635-042-0130.
Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0215; FWC 16-1979, f. & ef. 4-27-79, Renumbered from 635-036-0145; FWC 83-1985, f. 12-17-85, ef. 12-18-85
Sturgeon Fishery
635-004-0080
Closures
It is unlawful to take sturgeon for commercial purposes except in the:
(1) Columbia River, in the areas and during the times open to the taking of salmon and/or sturgeon for commercial purposes.
(2) Coos, Coquille, and Siuslaw, in the areas and during the times open to the taking of shad for commercial purposes.
(3) Pacific Ocean at all times.
Stat. Auth.: ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 506.119 & ORS 506.129
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0120, Renumbered from 635-036-0110; FWC 1-1981, f. & ef. 1-19-81; FWC 23-1995, f. 3-29-95, cert. ef. 4-1-95
635-004-0085
Fishing Gear
It is unlawful to take sturgeon for commercial purposes by any means other than the commercial fishing gear authorized in the fishing area in which the sturgeon are taken except setlines are permitted in the Columbia River for the taking of sturgeon.
Stat. Auth.: ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 506.119 & ORS 506.129
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0125, Renumbered from 635-036-0115
635-004-0090
Size Limit
(1) Except as provided in OAR 635-007-0700 through 635-007-0720 it is unlawful to:
(a) Take from the waters of this state or to land sturgeon for commercial purposes less than 48 inches or more than 60 inches in length;
(b) Remove the head or tail of any sturgeon taken from the waters of this state or landed for commercial purposes prior to being received at the premises of a wholesale fish dealer or canner;
(c) To possess, sell, or transport any whole sturgeon under four feet in length taken for commercial purposes in the waters of this state or the Pacific Ocean. Proof of possession, sale, or transportation of any dressed sturgeon under 28 inches in length exclusive of head and tail shall in itself create a permissible inference that the dressed sturgeon was under 48 inches in length at the time it was taken.
(2) Any person fishing with commercial fishing gear in the waters of this state who, on lifting, drawing, taking up or removing any such gear finds sturgeon entangled or caught therein which are not within the legal length limits set forth in section (1)(a) of this rule or during a season not open for sturgeon, shall immediately, with care and the least possible injury to the fish, disentangle, release and transfer the fish to the water without violence.
Stat. Auth.: ORS 506.119, 506.129 & 507.030
Stats. Implemented: ORS 496.162 & 506.129
Hist.: FC 241, f. 4-5-72, ef. 4-15-72; Renumbered from 625-010-0130; Renumbered from 635-036-0120; FWC 39-1981, f. 10-30-81, ef. 1-1-81; FWC 33-1988, f. & cert. ef. 5-24-88; FWC 9-1994, f. 2-14-94, cert. ef. 2-15-94; FWC 23-1995, f. 3-29-95, cert. ef. 4-1-95; DFW 1-1998, f. & cert. ef. 1-9-98; DFW 144-2005(Temp), f. 12-20-05, cert. ef. 1-1-06 thru 3-31-06; DFW 5-2006, f. & cert. ef. 2-15-06
Thresher Shark Fishery
635-004-0100
Thresher Shark Fishery
Notwithstanding OAR 635-004-0035, gillnets may be used for the taking of thresher shark north of 42° N. latitude and west of 20 nautical miles from shore, only at such times as prescribed by OAR 635-004-0110.
Stat. Auth.: ORS 506 & ORS 508
Stats. Implemented: ORS 506 & ORS 508
Hist.: FWC 18-1987, f. & ef. 5-7-87; FWC 25-1988, f. 4-27-88, cert. ef. 5-13-88; FWC 31-1989, f. 5-4-89, cert. ef. 5-5-89
635-004-0110
Season
It is unlawful to take thresher shark for commercial purposes with gillnets.
Stat. Auth.: ORS 506 & ORS 508
Stats. Implemented: ORS 506 & ORS 508
Hist.: FWC 34-1987(Temp), f. & ef. 6-25-87, FWC 5-1987(Temp), f. & ef. 7-13-87; FWC 61-1987(Temp), f. & ef. 8-3-87; FWC 25-1988, f. 4-27-88, cert. ef. 5-13-88; FWC 31-1989, f. 5-4-89, cert. ef. 5-5-89
Far Offshore Fishery
635-004-0125
Definition
"Far Offshore Fishery" means a fishery where the fish are taken outside the United States 200-mile fishery conservation zone.
Stat. Auth.: ORS 496.138, ORS 496.162, ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 496.138, ORS 496.162, ORS 506.119 & ORS 506.129
Hist.: FWC 109-1991(Temp), f. & cert. ef. 9-27-91; FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92
635-004-0130
Commercial Vessel License -- Right to Land Fish
Fish taken in a far offshore fishery which may be lawfully imported into this state from a foreign nation or from another state, may be landed in this state, provided Oregon commercial fishing license requirements and the provisions contained in OAR 635-004-0135 through 635-004-0150 have been met.
Stat. Auth.: ORS 496.138, ORS 496.162, ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 496.138, ORS 496.162, ORS 506.119 & ORS 506.129
Hist.: FWC 109-1991(Temp), f. & cert. ef. 9-27-91; FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92
635-004-0135
Declaration
(1) The vessel operator of any vessel participating in the far offshore fishery intending to land fish or fish products in Oregon shall notify the Department of any such fishing trip at least 48 hours prior to leaving port by writing to the Oregon Department of Fish and Wildlife, Building #3, Marine Science Drive, Newport, OR 97365, or by calling 503-867-4741 during regular business hours Monday through Friday. Such declaration shall include the area to be fished and the intended port of landing, including the identification of the processor to whom delivery will be made.
(2) In addition, 24 hours or more prior to landing, the vessel operator shall notify the Department, at the telephone number listed above, during regular business hours, or the Oregon State Police at other times, telephone number 503-238-8434, of the following:
(a) Vessel name and documentation number;
(b) Estimated time of arrival;
(c) Port of landing;
(d) Processor's location; and
(e) Estimated weight of fish on board.
Stat. Auth.: ORS 496.138, ORS 496.162, ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 496.138, ORS 496.162, ORS 506.119 & ORS 506.129
Hist.: FWC 109-1991(Temp), f. & cert. ef. 9-27-91; FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92
635-004-0140
Compliance Evidence
It shall be the responsibility of the vessel operator to maintain a navigation plotting record of any far offshore fishing trip, and such record shall be available for inspection by any person authorized to enforce the commercial fishing laws of Oregon. Such record shall be maintained for 30 days following any such fishing trip.
Stat. Auth.: ORS 496.138, ORS 496.162, ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 496.138, ORS 496.162, ORS 506.119 & ORS 506.129
Hist.: FWC 109-1991(Temp), f. & cert. ef. 9-27-91; FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92
635-004-0145
Trip Limit
Except for the licensing requirements provided in ORS 635-004-0130, there are no trip limits or landing restrictions for fish or fish products taken in the far offshore fishery.
Stat. Auth.: ORS 496.138, ORS 496.162, ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 496.138, ORS 496.162, ORS 506.119 & ORS 506.129
Hist.: FWC 109-1991(Temp), f. & cert. ef. 9-27-91; FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92
635-004-0150
Fishing Within 200 Mile Fishery Zone -- When Unlawful
It is unlawful for the operator of any vessel to fish in or land fish from the 200-mile fishery conservation zone or from state waters during any trip for which a declaration to participate in the far offshore fishery has been made.
Stat. Auth.: ORS 496.138, ORS 496.162, ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 496.138, ORS 496.162, ORS 506.119 & ORS 506.129
Hist.: FWC 109-1991(Temp), f. & cert. ef. 9-27-91; FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92
Black Rockfish, Blue Rockfish, and Nearshore Fishery
635-004-0160
Definition
"Black rockfish / blue rockfish / nearshore fishery" shall mean the commercial fishery for black rockfish, blue rockfish and nearshore fish as defined in ORS 506.011.
Stat. Auth.: ORS 506.109, ORS 506.119
Stats. Implemented: ORS 506.129, ORS 506.450 - ORS 506.465
Hist.: DFW 112-2003, f. & cert. ef. 11-14-03
635-004-0165
Fishing Gear
It is unlawful to take black rockfish/blue rockfish/nearshore fishery species by any means other than:
(1) Hook-and-line gear (including pole-and-line, troll, longline, and stick gear).
(2) Pot gear may be used if a Developmental Fisheries permit (OAR 635-006-0900) for nearshore species using pot gear was issued in 2003. Pot gear shall be limited to a maximum of 35 pots.
Stat. Auth.: ORS 506.109, ORS 506.119
Stats. Implemented: ORS 506.129, ORS 506.450 - ORS 506.465
Hist.: DFW 112-2003, f. & cert. ef. 11-14-03
635-004-0170
Incidental Catch in Other Fisheries
A person may operate a vessel in the black rockfish/blue rockfish/nearshore fishery without a permit required by OAR 635-006-1015(1)(j) if the person:
(1) For only one landing per day, lands no more than 15 pounds of black rockfish, blue rockfish, nearshore fish or a combination of black rockfish, blue rockfish or nearshore fish and if the black rockfish, blue rockfish and nearshore fish:
(a) Make up 25 percent or less of the total poundage of the landing; and
(b) Are landed with fishing gear that is legal to use in the fishery in which the black rockfish, blue rockfish or nearshore fish are landed;
(2) Operates a vessel in the ocean troll salmon fishery pursuant to ORS 508.801 to 508.825 and the person lands black rockfish, blue rockfish or a combination of black rockfish and blue rockfish in the same landing in which the person lands a salmon under the permit required by ORS 508.801 to 508.825. The black rockfish or blue rockfish landed under this paragraph must be landed dead. A person who lands black rockfish and blue rockfish under this paragraph may land up 100 pounds of black rockfish, blue rockfish or a combination of black rockfish and blue rockfish per landing.
(3) Lands no more than 15 pounds per vessel of black rockfish, blue rockfish, or a combination of black rockfish and blue rockfish per trip, after the total amount of black rockfish and blue rockfish combined landed in the salmon troll fishery reaches 3000 pounds in any calendar year, except as provided in subsection (4).
(4) Operates a vessel in the west coast groundfish trawl fishery pursuant to federal regulations and lands no more than 1,000 pounds of black rockfish, blue rockfish or a combination of black rockfish and blue rockfish per calendar year and if the black rockfish and blue rockfish:
(a) Make up 25 percent or less of the total poundage of each landing; and
(b) Are landed dead; or
(5) Is a nonprofit aquarium or has contracted with a nonprofit aquarium to land black rockfish, blue rockfish or nearshore fish for the purpose of displaying or conducting research on the black rockfish, blue rockfish or nearshore fish.
Stat. Auth.: ORS 506.109 & 506.119
Stats. Implemented: ORS 506.129 & 506.450 - 506.465
Hist.: DFW 112-2003, f. & cert. ef. 11-14-03; DFW 138-2005, f. 12-7-05, cert. ef. 1-1-06
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