CCLME.ORG - DEPARTMENT OF FISH AND WILDLIFE DIVISION 5 COMMERCIAL SHELLFISH FISHERY
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State
Oregon Regulations
CHAP 635 DEPARTMENT OF FISH AND WILDLIFE DIVISION 5 COMMERCIAL SHELLFISH FISHERY




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

DEPARTMENT OF FISH AND WILDLIFE

DIVISION 5

COMMERCIAL SHELLFISH FISHERY

General



635-005-0001

Clams and Mussels for Bait

(1) As used in this section:

(a) "Bait" means clams or mussels not harvested for human consumption;

(b) "Biotoxin" means naturally occurring shellfish toxins monitored by the Oregon Department of Agriculture;

(c) "Health closure area" means an area closed to the public due to health risks of consuming shellfish from the area;

(d) "Live boxed" means any type of container used to hold or store clams/mussels in the water;

(e) "Open area" means an area approved by the Oregon Department of Agriculture for the harvest of clams or mussels for human consumption;

(f) "Restricted area" means an area closed or prohibited to commercial harvest of shellfish by the Oregon Department of Agriculture for the harvest of clams or mussels for human consumption by commercial shellfish harvesters.

(g) "Shellfish sanitation certificate" means a license required by Oregon Department of Agriculture to engage in business of harvesting shellfish for human consumption;

(2) It is unlawful to take clams or mussels for any commercial purpose from a health closure area closed for biotoxins.

(3) It is unlawful for any person to sell shellfish for human consumption:

(a) Taken from an area designated as restricted by the Oregon Department of Agriculture; or

(b) Taken without a shellfish sanitation certificate from the Oregon Department of Agriculture.

(4) Clams and mussels taken as bait must be visibly dyed with a Department of Fish and Wildlife-approved dye;

(a) Dyeing must occur before leaving the harvest area, before being transported by vehicle, or before the time of docking of the vessel used in harvesting;

(b) Clams and mussels taken for bait may not be possessed aboard a vessel while clams and mussels for human consumption are on board. Upon leaving the vessel or the harvest area, clams and mussels taken as bait may not be mixed with clams and mussels taken for human consumption.

(c) Prior to sale, clams or mussels taken from restricted areas and live boxed must be stored in a restricted area pending sale.

(d) Clams or mussels taken for human consumption and later sold as bait must be dyed at the time of sale to a bait dealer.

Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 506.129
Hist.: FWC 30-1985, f. 6-27-85, ef. 7-1-85; FWC 137-1991(Temp), f. 12-20-91, cert. ef. 12-23-91; FWC 39-1992(Temp), f. & cert. ef. 6-19-92; DFW 61-2002, f. & cert. ef. 6-14-02

635-005-0002

Sale of Clams and Mussels

Clams and mussels shall be sold to a wholesale fish dealer or fish bait dealer within 48 hours of harvest or leaving the digging area, whichever comes last.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 30-1985, f. 6-27-85, ef. 7-1-85

635-005-0003

Additional License Requirement

Each harvester and distributor or processor of shellfish for human consumption must obtain a shellfish sanitation certificate from the Oregon Department of Agriculture. (ORS 622.020).

Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 506.129
Hist.: DFW 61-2002, f. & cert. ef. 6-14-02

Abalone Fishery
635-005-0005

Prohibited

(1) Except as provided in section (2) of this rule, it is unlawful to take abalone for commercial purposes.

(2) A commercial aquaculture facility may take abalone for use as broodstock under the terms and conditions specified in a permit issued by the Oregon Department of Fish and Wildlife. Application for such a permit shall be in writing and shall include a description of the commercial aquaculture facility, the methods for collecting and returning broodstock abalone to and from the wild, the methods for checking abalone and imported kelp food for pathogens or exotic fauna, the procedures for isolating and culturing abalone to prevent contamination of wild abalone stock and such other information as the Department may require. Permit applications shall be mailed to: Marine Regional Office, Department of Fish and Wildlife, 2040 SE Marine Science Drive, Newport, OR 97365.

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 625-010-0320, Renumbered from 635-036-0190; FWC 24-1995, f. 3-29-95, cert. ef. 4-1-95

Clam Fishery
Area Closure

635-005-0015

Closed to Commercial and Personal Use

It is unlawful to take:

(1) Any clams from a research experimental clam culture area in that portion of Yaquina Bay, Lincoln County, which is the tideflat on the north side of the wood piling breakwater, south of the troller's basin. The legal description is as follows: Beginning at a point 1,181.24 feet south and 430.55 feet east of the meander corner of Sections 8 and 9, T11S, R11W, W.M., said point being a flashing red beacon on the southeastern end of the U.S. Army Engineers wood piling breakwater, thence northwesterly along said breakwater to a point being a flashing white beacon on the northwestern end of said breakwater located 583.46 feet south and 2,082.62 feet west of the above meander corner, thence southeasterly along the extreme low water line of the sand pit lying on the north side of the said breakwater to the point of beginning, said tideland being 7.2 acres, more or less, at mean low water line.

(2) Any clams from an experimental oyster and clam cultivation study area in that portion of Netarts Bay beginning from the quarter corner of Section 17, 20, T2S, R10W, thence north 10 degrees 14 feet west 200 feet to point of beginning, thence west approximately 6,250 feet to the west meander line of Netarts Bay, thence north 1,000 feet, thence east about 6,250 feet, thence south along the meander line to the point of beginning, except any privately owned tidelands within the described area are excluded from the closure.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0060, Renumbered from 635-036-0085

635-005-0016

Permit and Logbook Required

(1) It is unlawful:

(a) To take clams for commercial purposes without first obtaining a permit from the Department of Fish and Wildlife;

(b) To take clams except under the terms and conditions specified in the permit. Permits may be issued to mechanically harvest clams in subtidal areas by means of water jet or other hand or handpowered tool. Application for such a permit must be written and include a description of the specific areas where mechanical taking is proposed and such other information as the Director shall require.

(2) Applications should be mailed to: Marine Regional Office, Department of Fish and Wildlife, 2040 SE Marine Science Drive, Newport, OR 97365.

Stat. Auth.: ORS 506.109, ORS 506.119
Stats. Implemented: ORS 506.129
Hist.: FWC 30-1985, f. 6-27-85, ef. 7-1-85; DFW 61-2002, f. & cert. ef. 6-14-02

635-005-0020

Closed Seasons and Areas

It is unlawful to take for commercial purposes:

(1) Gaper clams from January 1 through June 30, except under a limited entry bay clam dive fishery permit (OAR 635-006-1015), an incidental catch of one gaper clam per eight butter clams, or 25 pounds of gaper clams per 100 pounds of butter clams, whichever allows the greater gaper clam incidental catch.

(2) Razor clams from July 15 through September 30 in the area north of Tillamook Head in Clatsop County.

(3) Any clams from:

(a) Little Nestucca Bay;

(b) Big Nestucca Bay;

(c) Netarts Bay, except cockles may be taken;

(d) Salmon River and Bay;

(e) Siletz River and Bay;

(f) All state parks south of Tillamook Head.

(4) Bay clams in Tillamook Bay, under a bay clam dive permit (OAR 635-006-1015), from the following areas:

(a) The "Ghost Hole" from the floating toilet site south to Sandstone Point and 500 feet westward from the Highway 101 shoreline;

(b) The area east of a line connecting the Coast Guard tower on the north jetty and buoy marker 13;

(c) The area above mean lower low water near Kincheloe Point.

(5) Cockle clams in Netarts Bay, under a bay clam dive permit (OAR 635-006-1015), from the following areas:

(a) An area extending 500 feet to the north adjacent to Oregon State University's shellfish reserve and across the entire width of the bay;

(b) The area above mean lower low water.

(6) Bay clams in Coos Bay, under a bay clam dive permit (OAR 635-006-1015), from the following areas:

(a) In depths less than 10 feet from mean lower low water;

(b) The area of South Slough east of the Charleston bridge.

Stat. Auth.: ORS 506.109 & 506.119
Stats. Implemented: ORS 506.129
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0065, Renumbered from 635-036-0090; FWC 30-1985, f. 6-27-85, ef. 7-1-85; FWC 137-1991(Temp), f. 12-20-91, cert. ef. 12-23-91; FWC 39-1992(Temp), f. & cert. ef. 6-19-92; FWC 94-1992(Temp), f. 9-18-92, cert. ef. 9-19-92; FWC 102-1992 (Temp), f. 10-1-92, cert. ef. 10-2-92; FWC 121-1992(Temp), f. & cert. ef. 11-9-92; DFW 30-1998(Temp), f. & cert. ef. 5-6-98 thru 10-23-98; DFW 92-1998, f. & cert. ef. 11-25-98; DFW 61-2002, f. & cert. ef. 6-14-02; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06

635-005-0030

Size Limit

(1) The minimum legal size of razor clams taken for commercial purposes is 3-3/4 inches from tip to tip of the shell. It is unlawful to possess any razor clams taken for commercial purposes which are less than the minimum legal size.

(2) All undersized razor clams must be immediately returned to the hole from which they were dug with the hinge oriented towards the ocean.

(3) The minimum legal size of cockle clams taken for commercial purposes under a bay clam dive permit (OAR 635-006-1015) is 2-1/4 inches at the widest dimension. It is unlawful to possess any cockle clams taken for commercial purposes under a bay clam dive permit which are less than the minimum legal size

(4) The minimum legal size of gaper clams taken for commercial purposes under a bay clam dive permit (OAR 635-006-1015) is 4 inches at the widest dimension. It is unlawful to possess any gaper clams taken for commercial purposes under a bay clam dive permit which are less than the minimum legal size.

Stat. Auth.: ORS 506.119 & 506.129
Stats. Implemented: ORS 506
Hist.: FC 241, f. 4-5-72, ef. 4-15-72; FC 255, f. 9-12-72, ef. 10-1-72; Renumbered from 625-010-0075, 1975; Renumbered from 635-036-0100, 1979; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06 ; DFW 61-2006, f. 7-13-06, cert. ef. 10-1-06

635-005-0031

Fishing Gear

It is unlawful to take razor clams for commercial purposes by any means other than by hand or by shovel.

Stat. Auth.: ORS 506.119 and ORS 506.129
Stats. Implemented: ORS 506.129
Hist.: DFW 61-2006, f. 7-13-06, cert. ef. 10-1-06

635-005-0032

Catch Limits

(1) In Netarts Bay, the annual quota for cockle clams harvested by the bay clam dive fishery (OAR 635-006-1015) is 8,000 pounds.

(2) In Tillamook Bay, the annual quota for cockle clams harvested by the bay clam dive fishery (OAR 635-006-1015) is 90,000 pounds.

(3) Staff will initiate rulemaking to close the commercial season for cockle clams for an area when the quota is reached.

Stat. Auth.: ORS 506.109 & 506.119
Stats. Implemented: ORS 506.129
Hist.: DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06

635-005-0035

Additional License Requirement

The Oregon State Health Division requires a certificate of shellfish sanitation as a harvester from any individual taking clams for commercial purposes and a certificate of shellfish sanitation as a shucker from any individual cleaning clams prior to sale (ORS 622.080).

Stat. Auth.: ORS 622
Stats. Implemented: ORS 622
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0080, Renumbered from 635-036-0105.

Dungeness Crab Fishery
635-005-0040

License Limitation

In the event that a license limitation measure is adopted by the Commission, August 14, 1991, shall be used as the eligibility date for participation in the Dungeness crab fishery.

Stat. Auth.: ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 506.119 & ORS 506.129
Hist.: FWC 124-1991, f. 10-23-91, cert. ef. 10-25-91

635-005-0042

Areas

Oregon Dungeness crab permits are valid only in Oregon state waters and the Pacific Ocean in federal waters south of an east-west line extending 200 nautical miles westward at 46 15' 00" N. Lat. (Oregon/Washington border).

Stat. Auth.: ORS 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.129
Hist.: DFW 117-2005, f. 10-7-05, cert. ef. 12-1-05

635-005-0045

Closed Season in Pacific Ocean and Columbia River

(1) In addition to any closures described in Section 3, it is unlawful to take, land or possess Dungeness crab for commercial purposes from the Pacific Ocean or Columbia River from August 15 through November 30.

(2) It is unlawful prior to January 1 to land or to receive, or to buy, Dungeness crab from a vessel that has not been certified by officials of the State of Oregon, Washington, or California to have been free of Dungeness crab on November 30, except as provided in section (3)(c) of this rule.

(3) Delay of Season Openings:

(a) The Northern Zone is bounded on the north by Gray's Harbor (at Oyehut) and on the south by Cascade Head, Oregon: Upon a determination by the Department that preseason sampling indicates the consistent presence of more than 50 percent Grade II and III (softshell) crab in the samples, the Fish and Wildlife Director, in consultation with the Washington Department of Fish and Wildlife, may adopt a temporary rule delaying the opening date of the commercial crab season in all or part of the Northern Zone area until additional sampling indicates meat recovery is 23 percent or is projected to be 23 percent by the opening date.

(b) The Southern Zone is bounded on the north by Cascade Head and on the south by Point Arena: Upon a determination by the Department that preseason sampling indicates meat recovery is projected to be less than 25 percent by December 1 in the Oregon portion of the Southern Zone, the Fish and Wildlife Director shall delay the opening date of the commercial crab fishery in all or part of the Oregon portion of the zone for 15 days and re-open December 16.

(4) In the event the season in the Northern Zone or Southern Zone is delayed, the following applies:

(a) The Director shall adopt rules identifying the boundary between, or within, the Northern and Southern zones. The boundary between or within the zones shall take into account the existence of traditional fishing patterns;

(b) If the opening date for a season is delayed for either zone, or part of a zone, fishermen electing to fish in a zone or part of a zone with a December 1 opening date may not fish in an area with the delayed opening date within the first 30 days of the delayed opening date;

(c) For the first 30 days of a fishing zone season, vessels electing to fish a zone shall be certified by officials of the State of Oregon, Washington or California to have been free of Dungeness crab on the day immediately prior to the opening day of the selected fishing zone. At the time of vessel inspection, the vessel operator shall certify the vessel has not been used to take crab in the selected fishing zone.

(5) Upon a determination by the Department that catch in Oregon's Pacific Ocean Dungeness crab fishery after May 31 is greater than ten percent of the catch in the previous December 1 through May 31 period, the Fish and Wildlife Director shall adopt a temporary rule closing the commercial season until the following December 1.

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.129
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; FC 285(74-20), f. 11-27-74, ef. 12-25-74; FC 293(75-6), f. 6-23-75, ef. 7-11-75; FWC 30, f. & ef. 11-28-75; FWC 132, f. & ef. 8-4-77; FWC 30-1985, f. 6-27-1985, ef. 7-1-85, Renumbered from 625-010-0155, Renumbered from 635-036-0125; FWC 56-1982, f. & ef. 8-27-82; FWC 13-1983, f. & ef. 3-24-83; FWC 39-1983(Temp), f. & ef. 8-31-83; FWC 11-1984, f. 3-30-84, ef. 9-16-84, except section (1) per FWC 45-1984, f. & ef. 8-30-84; FWC 30-1985, f. 6-27-85, ef. 7-1-85; FWC 78-1986(Temp), f. & ef. 12-1-86; FWC 36-1987, f. & ef. 7-1-87; FWC 97-1987(Temp), f. & ef. 11-17-87; FWC 102-1988, f. 11-29-88, cert. ef. 12-29-88; FWC 119-1989(Temp), f. 11-29-89, cert. ef. 12-1-89; FWC 135-1991(Temp), f. 12-10-91, cert. ef. 12-11-91; FWC 136-1991(Temp), f. & cert. ef. 12-19-91; FWC 112-1992, f. 10-26-92, cert. ef. 11-1-92; FWC 70-1993, f. 11-9-93, cert. ef. 11-11-93; FWC 88-1994(Temp), f. 11-30-94, cert. ef. 12-1-94; FWC 89-1994(Temp), f. & cert. ef. 12-1-94; FWC 89-1995(Temp), f. 11-28-95, cert. ef. 12-1-95; FWC 1-1996(Temp), f. 1-11-96, cert. ef. 1-13-96; DFW 51-1998(Temp), f. 6-29-98, cert. ef. 7-1-98 thru 9-15-98; DFW 54-1998(Temp), f. & cert. ef. 7-24-98 thru 9-15-98; DFW 40-1999, f. & cert. ef. 5-26-99; DFW 70-2000, f. & cert. ef. 10-23-00; DFW 77-2000(Temp), f. 11-27-00, cert. ef. 12-1-00 thru 12-14-00; DFW 39-2002, f. & cert. ef. 4-26-02; DFW 128-2002(Temp), f. & cert. ef. 11-15-02 thru 1-31-03; DFW 129-2002(Temp), f. & cert. ef. 11-20-02 thru 1-31-03; DFW 132-2002(Temp), f. & cert. ef. 11-25-02 thru 1-31-03 (Suspended by DFW 133-2002(Temp)); DFW 133-2002(Temp), f. & cert. ef. 12-6-02 thru 1-31-03; DFW 117-2003(Temp), f. 11-25-03, cert. ef. 12-1-03 thru 2-29-04; Administrative correction 10-26-04; DFW 113-2004(Temp), f. 11-23-04, cert. ef. 12-1-04 thru 3-1-05; DFW 116-2004(Temp), f. & cert. ef. 12-8-04 thru 3-1-05; DFW 126-2004(Temp), f. & cert. ef. 12-21-04 thru 3-1-05; DFW 132-2004(Temp), f. & cert ef. 12-30-04 thru 3-1-05; Administrative correction, 3-18-05; DFW 129-2005(Temp), f. & cert. ef. 11-29-05 thru 12-31-05; DFW 140-2005(Temp), f. 12-12-05, cert. ef. 12-30-05 thru 5-31-06; Administrative correction 7-20-06

635-005-0047

Possession and Landing Limits

(1) It is unlawful, from the second Monday in June through August 14, for any permitted ocean Dungeness crab vessel to take, land or possess more than 1200 pounds of Dungeness crab per week from the Pacific Ocean and Columbia River.

(2) Landing Dungeness crab legally taken from the Pacific Ocean and Columbia River is allowed in Oregon with a valid Oregon Dungeness crab permit.

(3) Commercial fishers must retain copies of fish landing receipts for a minimum of 90 days on board vessels landing Dungeness crab under the cumulative catch limit described in section (1) of this rule. The receipts must be available for inspection by authorized enforcement officials and by employees of Oregon Department of Fish and Wildlife (ODFW). Legal landing receipts are defined in section (4).

(4) For purposes of this rule, the following definitions apply:

(a) "Landing" and "Land" means to begin transfer of Dungeness crab from a fishing vessel. Once transfer begins, all Dungeness crab aboard the vessel are counted as part of the landing;

(b) "Landing receipt" means either an ODFW-issued Fish Receiving Ticket or a fish dealer dock ticket identified with a fish dealer's logo or letterhead and that must include the following:

(A) Fish dealer's name and dealer license number;

(B) Date of receipt of the Dungeness crab;

(C) Name of fisher from whom the Dungeness crab were purchased;

(D) Vessel name, vessel license number, and the federal document or State Marine Board number of the vessel from which catch was made;

(E) Port name of landing;

(F) Fishing gear used by the fisher;

(G) Gross pounds of Dungeness crab received and price paid per pound; and

(H) Signature of both the fisher making the landing and the individual preparing the dock ticket.

(c) "Week" means the period beginning 12:01 a.m. local time Monday through 12 midnight Sunday.

Stat. Auth.: ORS 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.129
Hist.: DFW 40-1999, f. & cert. ef. 5-26-99; DFW 117-2005, f. 10-7-05, cert. ef. 12-1-05

635-005-0048

Reporting Requirements

All commercial fisherman landing Dungeness crab must report the area of primary catch to the dealer at the time of landing.

Stat. Auth.: ORS 506.119, 506.129
Stats. Implemented: ORS 506.129
Hist.: 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

635-005-0049

Closed Season in Bays and Estuaries

It is unlawful to take Dungeness crab for commercial purposes from any bay or estuary or to land or possess any Dungeness crab so taken:

(1) From January 1 through Labor Day;

(2) During December, if the adjacent ocean area is closed as provided in OAR 635-005-0045;

(3) From midnight Friday through midnight Sunday of any week; and

(4) On all legal state and federal holidays.

Stat. Auth.: ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 506.119 & ORS 506.129
Hist.: FWC 70-1993, f. 11-9-93, cert. ef. 11-11-93

635-005-0055

Fishing Gear

It is unlawful for commercial purposes to:

(1) Take crab by any means other than crab rings or crab pots (ORS 509.415); a crab ring is any fishing device that allows crab unrestricted entry or exit while fishing.

(2) Use any crab pot which is greater than thirteen cubic feet in volume, calculated using external dimensions.

(3) Use any crab pot which does not include a minimum of two circular escape ports of at least 4 -1/4 inches inside diameter located on the top or side of the pot. If escape ports are placed on the side of the pot, they shall be located in the upper half of the pot.

(4) Use any crab pot which does not have a release mechanism. Acceptable release mechanisms are:

(a) Iron lid strap hooks constructed of iron or "mild" steel rod (not stainless steel) not to exceed 1/4-inch (6mm) in diameter;

(b) A single loop of untreated cotton or other natural fiber twine, or other twine approved by the Department not heavier than 120 thread size between pot lid tiedown hooks and the tiedown straps; or

(c) Any modification of the wire mesh on the top or side of the pot, secured with a single strand of 120 thread size untreated cotton, natural fiber, or other twine approved by the Department which, when removed, will create an opening of at least five inches in diameter.

(5) Place, operate, or leave crab rings or pots in the Pacific Ocean and Columbia River or in any bay or estuary during the closed season, except that in only the Pacific Ocean and Columbia River, rings or pots may be placed no more than 64 hours immediately prior to the date the Dungeness crab season opens. In addition, unbaited crab rings or pots with open release mechanisms may be left in the Pacific Ocean (not including the Columbia River) for a period not to exceed 14 days following the closure of the Dungeness crab season.

(6) Use commercial crab pots in the Columbia River or Pacific Ocean unless the pots are individually marked with a surface buoy bearing, in a visible and legible manner, the brand of the owner and an ODFW buoy tag, provided that:

(a) The brand is a number registered with and approved by the Department;

(b) Only one unique buoy brand shall be registered to any one permitted vessel;

(c) All crab pots fished by a permitted vessel must use only the Oregon buoy brand number registered to that vessel in the area off of Oregon;

(d) The Department shall issue crab buoy tags to the owner of each commercial crab permit in the amount determined by OAR 635-006-1015(1)(g)(E);

(e) All buoy tags eligible to a permit holder must be purchased from the Department at cost and attached to the gear prior to setting gear; and

(f) Buoys attached to a crab pot must have the buoy tag securely attached to the first buoy on the crab pot line (the buoy closest to the crab pot) at the end away from the crab pot line;

(g) Additional buoy tags to replace lost tags will be issued by the Department as follows:

(A) After 45 days following the season opening in the area fished, up to ten percent of the tags initially issued for that season; or

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

(C) Permit holders must obtain, complete, and sign a declaration of loss under penalty of perjury in the presence of an authorized Department employee. The declaration shall state the number of buoy tags lost, the specific tag number of each lost tag, the location and date where lost gear or tags were last observed, and the presumed cause of the loss.

(7) Remove, damage, or otherwise tamper with crab buoy or pot tags except when lawfully applying or removing tags on the vessel's buoys and pots.

(8) Possess, use, control, or operate any crab pot not bearing a tag identifying the pot as that vessel's, or buoys not bearing tags issued by the Department to that vessel, except:

(a) To set gear as allowed under OAR 635-006-1015; or

(b) Under a waiver granted by the Department to allow one time retrieval of permitted crab gear to shore by another crab permitted vessel provided that:

(A) Vessel is incapacitated due to major mechanical failure or destroyed due to fire, capsizing, or sinking;

(B) Circumstances beyond the control of the permit holder created undue hardship as defined by OAR 635-006-1095(7)(d);

(C) A Request must be in writing and a waiver approved and issued prior to retrieval.

(D) A copy of the waiver must be on board the vessel making the retrieval. (Contact Oregon Department of Fish and Wildlife License Services, Salem for guidelines.)

(9) Attach one crab pot to another crab pot or ring net by a common groundline or any other means that connects crab pots together,

(10) Take crabs for commercial purposes by crab pots from any bay or estuary except the Columbia River.

(11) Operate more than 15 crab rings from any one fishing vessel in bays or estuaries, except the Columbia River.

(12) Take or fish for Dungeness crab for commercial purposes in the Columbia River or Pacific Ocean adjacent to the state of Oregon unless a crab pot allocation has been issued to the permit required under OAR 635-006-1015(1)(g).

(13) Deploy or fish more crab pots than the number of pots assigned by the crab pot allocation certificate or to use any vessel other than the vessel designated on the crab pot allocation, except to set gear as allowed under OAR 635-006-1015.

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109 & 506.129
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; FC 285(74-20), f. 11-27-74, ef. 12-25-74, Renumbered from 625-010-0160; FWC 49-1978, f. & ef. 9-27-78, Renumbered from 635-036-0130; FWC 56-1982, f. & ef. 8-27-82; FWC 81-1982, f. & ef. 11-4-82; FWC 82-1982(Temp), f. & ef. 11-9-82; FWC 13-1983, f. & ef. 3-24-83; FWC 11-1984, f. 3-30-84, ef. 9-16-84, except section (5) per FWC 45-1984, f. & ef. 8-30-84; FWC 72-1984, f. & ef. 10-22-84; FWC 30-1985, f. 6-27-85, ef. 7-1-85; FWC 78-1986 (Temp), f. & ef. 12-1-86; FWC 97-1987(Temp), f. & ef. 11-17-87; FWC 102-1988, f. 11-29-88, cert. ef. 12-29-88; FWC 107-1990, f. & cert. ef. 10-1-90; FWC 70-1993, f. 11-9-93, cert. ef. 11-11-93; FWC 84-1994, f. 10-31-94, cert. ef. 12-1-94; FWC 68-1996(Temp), f. & cert. ef. 12-5-96; FWC 2-1997, f. 1-27-97, cert. ef. 2-1-97; DFW 45-2006, f. 6-20-06, cert. ef. 12-1-06

635-005-0060

Size and Sex

(1) It is unlawful to take or possess for commercial purposes:

(a) Female Dungeness crab;

(b) Male Dungeness crab less than 6-1/4 inches measured the shortest distance through the body of the crab from edge of shell to edge of shell from directly in front of the tenth anterolateral spine.

(2) Any undersized or female Dungeness crab taken from the Pacific Ocean must be released within 15 minutes of capture unharmed into the Pacific Ocean at the point of capture. Any undersized or female Dungeness crab taken from a bay must be released immediately unharmed into the fishing area and not brought to the dock.

(3) It is unlawful to possess or transport Dungeness crab that have been mutilated prior to landing so that the size or sex cannot be determined.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; FWC 56, f. & ef. 4-26-76; FWC 112, f. & ef. 5-11-77, Renumbered from 625-010-0165, Renumbered from 635-036-0135; FWC 78-1986(Temp), f. & ef. 12-1-86; FWC 97-1987(Temp), f. & ef. 11-17-87; FWC 102-1988, f. 11-29-88, cert. ef. 12-29-88

Red Rock, Box and Tanner Crab Fisheries
635-005-0063

Tanner and Box Crab Taken in Trawl Nets

Notwithstanding OAR 635-005-0065, permits may be issued to land Tanner crab and box crabs taken as incidental catch in trawl nets outside Oregon Waters.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 12-1982, f. & ef. 2-16-82; FWC 17-1982, f. & ef. 3-22-82; FWC 30-1985, f. 6-27-85, ef. 7-1-85, Renumbered from 635-005-0056

635-005-0064

Closed Season

Except as authorized under a Developmental Fisheries Species Permit (OAR 635-006-0900), it is unlawful to take red rock, box, Tanner, Oregon hair, and scarlet king crab from the Pacific Ocean from November 1 until the opening of the next ocean Dungeness crab season in that area.

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109, ORS 506.129 & ORS 506.450 - ORS 506.465
Hist.: FWC 12-1982, f. & ef. 2-16-82; FWC 17-1982, f. & ef. 3-22-82; FWC 30-1985, f. 6-27-85, ef. 7-1-85; FWC 84-1994, f. 10-31-94, cert. ef. 12-1-94; DFW 93-1998, f. & cert. ef. 11-25-98

635-005-0065

Fishing Gear

Except as provided in OAR 635-005-0063, it is unlawful to take red rock, box, Tanner, Oregon hair, and scarlet king crab for commercial purposes except by rings, pots, and crab longline gear. Rings, pots, and crab longline gear must comply with the provisions contained in OAR 635-005-0055.

Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.129
Hist.: FWC 30-1985, f. 6-27-85, ef. 7-1-85; FWC 84-1994, f. 10-31-94, cert. ef. 12-1-94

635-005-0066

Fishing Area

It is unlawful to take red rock, box, Tanner, Oregon hair, and scarlet king crab from the Pacific Ocean shoreward of the 40 fathom contour line.

Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.129
Hist.: FWC 30-1985, f. 6-27-85, ef. 7-1-85; FWC 84-1994, f. 10-31-94, cert. ef. 12-1-94

635-005-0067

Size and Sex

There are no size or sex restrictions for the taking of red rock, box and Tanner crab; however, these crab may not be mutilated before landing so that species cannot be determined.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 30-1985, f. 6-27-85, ef. 7-1-85

Crayfish Fishery
635-005-0070

Closed Season

It is unlawful to take crayfish for commercial purposes from November 1 of any year through March 31 of the following year.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0365, Renumbered from 635-036-0225; FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88

635-005-0075

Fishing Gear

It is unlawful to take crayfish for commercial purposes by any means other than crawfish pots or ring nets.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0370, Renumbered from 635-036-0230; FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88

635-005-0080

Size Limit

It is unlawful to take for commercial purposes crayfish which are less than 3-5/8 inches long. Crayfish will be measured from the tip of the bony spike extending between and beyond the eyes (acumen) to the distal edge of the last bony plate in the tail (telson). Any undersized crayfish taken must be immediately returned unharmed to the water.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0375, Renumbered from 635-036-0235; FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88

635-005-0082

Protection of Females

Any crayfish taken with eggs attached must be returned immediately unharmed to the water. Possession of crayfish with eggs attached is prohibited.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88

635-005-0084

Identification of Gear

All boats, traps, buoys, liveboxes, holding pens, boxes, bags, or other containers used to take, hold, or transport crayfish must be labeled with an identification number issued by the Oregon Department of Fish and Wildlife.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88

635-005-0085

Closed Area

It is unlawful to take crayfish for commercial purposes from Malheur Reservoir (Malheur County), South Twin Lake (Deschutes County), and the Williamson River (Klamath County).

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 33-1984, f. 7-25-84, ef. 8-1-84; FWC 9-1986, f. 3-26-86, ef. 3-30-86; FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88; FWC 102-1989, f. 9-29-89, cert. ef. 10-1-89

Intertidal Animal and Mussel Fisheries
635-005-0090

Closed Season

(1) It is unlawful to take intertidal animals and mussels for commercial purposes without first obtaining a permit issued by the Department of Fish and Wildlife of Oregon.

(2) Commercial permits will not be issued to other than licensed commercial or bait fishermen.

(3) Application for a permit may be submitted by letter or on the appropriate Department of Fish and Wildlife form. Letter applications must include the following:

(a) Name and address of applicant;

(b) Commercial or bait fishing license number of applicant;

(c) Species to be collected;

(d) Collecting period;

(e) Collecting areas.

(4) Applications should be mailed to: Marine Regional Office, Oregon Department of Fish and Wildlife, Marine Science Drive, Bldg. No. 3, Newport, Oregon 97365.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0650, Renumbered from 635-036-0315; FWC 20-1980, f. 4-25-80, ef. 4-28-80

635-005-0095

Collection Report

(1) A collection report form will be provided with each commercial intertidal animal permit issued by the Department of Fish and Wildlife. The collection report must be completed and returned to the Department of Fish and Wildlife by the permittee immediately upon expiration of the collection permit.

(2) No subsequent collection permit shall be issued to an individual who has not submitted a collection report for any prior collection permit.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0655, Renumbered from 635-036-0320; FWC 20-1980, f. 4-25-80, ef. 4-28-80

635-005-0100

Permit Areas

It is unlawful to take subtidal or intertidal marine invertebrates and shellfish (including mussels) for commercial purposes, other than as set forth in a collection permit issued by the Department of Fish and Wildlife, in the following areas described in OAR 635-039-0090 and the "Oregon Sport Fishing Regulations":

(1) Boiler Bay.

(2) Depoe Bay.

(3) Harris Beach.

(4) Haystack Rock.

(5) Neptune State Park.

(6) Sunset Bay -- Cape Arago.

(7) Yaquina Head;

(8) Pirate Cove Research Reserve;

(9) Gregory Point Research Reserve.

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 625-010-0660, Renumbered from 635-036-0325; FWC 20-1980, f. 4-25-80, ef. 4-28-80; FWC 25-1995, f. 3-29-95, cert. ef. 4-1-95

635-005-0115

Fishing Gear

It is unlawful to take mussels for commercial purposes by any means other than hand or a hand-powered tool.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0420, Renumbered from 635-036-0245

635-005-0120

Size Limit

There is no size limit for mussels taken for commercial purposes.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0425, Renumbered from 635-036-0250.

Oysters
635-005-0130

Oysters Defined

The term oyster as used in these regulations includes oysters, oyster seed, oyster cultch, and oyster shell.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 140, f. 3-4-66, Renumbered from 625-010-0275, Renumbered from 635-036-0165

635-005-0135

Oyster Importation Prohibited Except by Permit

It is unlawful for any person to import oysters into this state for the purpose of planting or to plant the same in the waters of this state without first having obtained a permit to do so from the State Fisheries Director.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 140, f. 3-4-66, Renumbered from 625-010-0280, Renumbered from 635-036-0170

635-005-0140

Oyster Import Applications and Permit

(1) Any person before importing into this state any oysters for the purpose of planting shall first apply in writing to the State Fisheries Director for a permit to import the oysters. Such application shall be in the form of a letter and shall include the following information: Maximum quantity to be imported, name of exporter, the approximate time the shipment will be made, and the name of the person or agency that will inspect the seed including a notarized certification from such person or agency at the time the oysters are inspected, declaring them to the best of his knowledge free from disease, infestation pests, and other substances which might endanger shellfish in the waters of this state.

(2) The State Fisheries Director shall issue a permit to import oysters for planting in the waters of this state when it has been established to his satisfaction that a qualified person or agency will inspect the oysters and certify them as being free of disease, infestation pests, and other substances which might endanger shellfish in the waters of this state.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 140, f. 3-4-66; FWC 30-1985, f. 6-27-85, ef. 7-1-85, Renumbered from 625-010-0285, Renumbered from 635-036-0175

635-005-0145

Prohibited Activities in Restricted Shellfish Area

(1) Netarts Bay and all waters, tidelands, and oyster handling facilities operated in conjunction with said water and tidelands of Netarts Bay are defined as a restricted shellfish area.

(2) It shall be unlawful for any person to move or transfer from a restricted shellfish area any oysters, any marine organisms adversely affecting oysters, or other material whatsoever without first obtaining written permission from the State Fisheries Director.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 140, f. 3-4-66, Renumbered from 625-010-0290, Renumbered from 635-036-0180; FWC 30-1985, f. 6-27-85, ef. 7-1-85

635-005-0150

Oyster Seasons and Gear

It is unlawful to take oysters for either personal use or commercial purposes from natural oyster beds located on unoccupied state lands.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 143, f. 3-4-66, Renumbered from 625-010-0295, Renumbered from 635-036-0185; FWC 28-1982, f. & ef. 5-13-82

Piddock Fishery (Rock Oyster)
635-005-0160

Prohibited

It is unlawful to take piddocks for commercial purposes.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 241, f. 4-5-72, ef. 4-15-72; FWC 30-1985, f. 6-27-1985, ef. 7-1-85, Renumbered from 625-010-0465, Renumbered from 635-036-0255.

Scallop Fishery
635-005-0170

Closed Season

There is no closed season on scallops taken for commercial purposes.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0505, Renumbered from 635-036-0260

635-005-0175

Fishing Gear

It is unlawful to take scallops for commercial purposes by any means other than trawl net or dredge having three-inch or larger mesh or rings throughout. Rock scallops may be taken with an abalone iron.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0510, Renumbered from 635-036-0265; FWC 24-1981(Temp), f. & ef. 7-1-81; FWC 27-1981, f. & ef. 8-14-81

Sea Urchin Fishery
635-005-0180

Sea Urchin Fishery

(1) It is unlawful for commercial purposes to take, land, or possess sea urchins:

(a) Without first obtaining a permit issued by the Department of Fish and Wildlife;

(b) Which have been taken in water depths less than ten feet below mean lower low water;

(c) Where more than two divers were in the water off any one boat at the same time;

(d) 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 sea urchins;

(e) Within the following areas:

(A) From Orford Reef described as the area encompassed as parallels of Latitude 4246'N and 4249'N from May 1 through October 31;

(B) Within 1,000 feet of Pyramid Rock on Rogue Reef described by the area encompassed by parallels of Latitude 4226.4'N and 4226.9'N and by meridians of Longitude 12428.4'W and 124 27.8'W, or within the rectangle marked by corner buoys from May 1 through August 31.

(f) Unless the vessel displays the vessel's federal document or Marine Board numbers on a weather deck so as to be visible from above. The number shall contrast with the background and be in block arabic numerals at least 18 inches high for vessels over 65 feet in length and at least ten inches high for vessels 65 feet or less. The operator of the vessel shall keep the identifying markings clearly legible and in good repair, and shall ensure that no part of the vessel, its rigging, or its fishing gear obstructs the view of the vessel number from an enforcement vessel or aircraft;

(g) More than 50 per permit holder per day per trip between two and three and one-half inches in diameter (shell diameter -- not including spines), except as provided in section (2) of this rule for purple sea urchins. There is no limit on the number of sea urchins less than two inches or greater than three and one-half inches in diameter.

(2) Placement, maintenance and removal of the buoys referred to in paragraph (1)(e)(B) of this rule may be carried out cooperatively by the Department and volunteers from the sea urchin industry according to specifications set forth by memorandum of agreement with industry representatives or other interested parties.

(3) A holder of a current sea urchin permit may take more than 50 purple sea urchins between two inches and three and one-half inches in diameter, provided the permit holder obtains a special commercial sea urchin permit from the Department. Applications for a special commercial sea urchin permit shall be submitted on forms provided by the Department. The Department may attach terms and conditions to any special commercial permit including, but not limited to, onboard observers, area or time limits, and preharvest dive surveys of urchin beds.

(4) For each trip, any permit holder shall clearly identify and keep separate until processed all sea urchin taken by that permit holder.

(5) Notwithstanding any other provisions in these regulations, no person other than the holder of a current sea urchin permit issued by the Department is allowed to dive in the water to take or attempt to take sea urchins or to otherwise assist, while submerged, in the harvest of sea urchins.

Stat. Auth.: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508.760
Stats. Implemented: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508.760
Hist.: FWC 85-1987, f. 10-6-87, ef. 1-1-88; FWC 117-1989, f. 11-22-89, cert. ef. 12-1-89; FWC 50-1990, f. 6-15-90, cert. ef. 6-18-90; FWC 118-1990, f. 10-24-90, cert. ef. 10-22-90; FWC 12-1991, f. & cert. ef. 2-20-91; FWC 26-1992, f. 4-21-92, cert. ef. 4-22-92; FWC 96-1994, f. 12-28-94, cert. ef. 1-1-95

Pink Shrimp Fishery
635-005-0185

Closed Season

(1) It is unlawful to take, land, or possess pink shrimp from the Pacific Ocean from November 1 of any year through March 31 of the following year.

(2) Notwithstanding the provisions of section (1) of this rule, it is lawful to possess pink shrimp taken from the Pacific Ocean during the period November 1 of any year through March 31 of the following year, if such shrimp were taken north of 4830' north latitude (Washington-Canada boundary).

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FC 241, f. 4-5-72, ef. 4-15-72; FC 256, f. 12-1-72, ef. 12-15-72; FWC 154(Temp), f. & ef. 10-12-77 through 2-8-78, Renumbered from 625-010-0240; FWC 167, f. & ef. 10-23-77; FWC 50-1978, f. & ef. 9-27-78; FWC 22-1979(Temp), f. 7-18-79, ef. 7-19-79; Suspended by FWC 30-1979(Temp), f. & ef. 8-16-79, Renumbered from 635-036-0150; FWC 24-1980 (Temp), f. & ef. 5-30-80; Suspended by FWC 34-1980(Temp), f. & ef. 7-1-80; FWC 57-1980(Temp), f. & ef. 10-3-80; FWC 59-1980(Temp), f. & ef. 10-21-80; FWC 36-1981(Temp), f. & ef. 9-22-81; FWC 19-1982, f. & ef. 3-22-82; FWC 30-1985, f. 6-27-85, ef. 7-1-85; FWC 94-1987(Temp), f. & ef. 10-30-87

635-005-0186

Mesh Restriction

It is unlawful to land shrimp taken south of the Oregon-California border with nets having a mesh size of less than 1-3/8 inches between knots.

Stat. Auth.: ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 506.119 & ORS 506.129
Hist.: FWC 26-1982, f. & ef. 4-30-82; FWC 34-1982, f. & ef. 6-1-82; FWC 35-1995, f. 5-3-95, cert. ef. 5-5-95

635-005-0190

Fishing Gear

(1) It is unlawful to take pink shrimp for commercial purposes by any means other than trawl net or pots.

(2) It is unlawful to fish with trawl gear for pink shrimp for commercial purposes unless an approved bycatch reduction device is used in each net. Approved bycatch reduction devices are:

(a) Soft Panel Bycatch Reduction Device uses a mesh panel to guide fish out of an escape hole. An approved soft-panel must meet the following criteria:

(A) The panel must completely cover some portion of the net in cross-section, meaning it must extend completely across the full opening of the net in one continuous piece. The panel must be securely fastened to the net around the entire perimeter, such that a 110 mm diameter sphere cannot pass beyond the panel into the terminal area of the codend;

(B) The panel meshes must be constructed of netting material with individual meshes no larger than 5.5 inches, measured between opposing knots, and must be constructed of a single panel of continuous netting, without zippers or other devices designed to allow disabling of the panel such that large fish can pass back into the codend;

(C) The escape hole must, when spread open, expose a hole of at least 100 square inches;

(D) The escape hole must be forward of the mesh panel and must begin within four meshes of the furthest aft point of attachment of the mesh panel to the net;

(b) Nordmore Grate Bycatch Reduction Device uses a rigid panel of narrowly spaced bars to guide fish out of an escape hole in front of the panel, generally in the top of the net. The panel may be hinged to facilitate rolling over a net reel. An approved Nordmore grate must meet the following criteria:

(A) The exterior circumference of the rigid panel must fit completely within the interior circumference of the trawl net, such that there is no space between the panel and the net that will allow a 110 mm sphere to pass beyond the panel, into the terminal area of the codend;

(B) None of the openings between the bars in the rigid panel may exceed two inches in width;

(C) The escape hole must, when spread open, expose a hole of at least 100 square inches;

(D) The escape hole must be forward of the rigid panel and must begin within four meshes of the furthest aft point of attachment of the rigid panel to the net.

(3) All bycatch reduction devices and codends used for trawl fishing for pink shrimp must be readily accessible and made available for inspection at the request of an authorized agent of the state. No trawl gear may be removed from the vessel prior to offloading of shrimp.

(4) It is unlawful to modify bycatch reduction devices in any way that interferes with their ability to allow fish to escape from the trawl, except for the purpose of testing the bycatch reduction device to measure shrimp loss. Authorized testing of bycatch reduction devices must meet the following criteria:

(a) Testing is allowed by special permit only, consistent with OAR 635-006-0020.

(b) For vessels fishing two nets simultaneously (double-rigged boats), while testing under the authority of a special permit, only one net may contain a disabled bycatch reduction device; the other net must be fishing a fully functional bycatch reduction device as described in subsection (2).

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 625-010-0245, Renumbered from 635-036-0155; FWC 30-1985, f. 6-27-85, ef. 7-1-85; DFW 31-2001, f. & cert. ef. 5-4-01; DFW 63-2001(Temp), f. 7-24-01, cert. ef. 8-1-01 thru 10-31-01; DFW 56-2002(Temp), f. 5-29-02, cert. ef. 7-1-02 thru 10-31-02; DFW 24-2003, f. & cert. ef. 3-26-03

635-005-0195

Incidental Catch Limit

It is unlawful to have on board a commercial fishing boat taking shrimp for commercial purposes an aggregate incidental catch of more than 250 Dover, English, or petrale sole less than 11 inches in length. It is unlawful for a commercial fishing boat taking shrimp for commercial purposes to land an incidental catch of ocean food fish in excess of 1,500 pounds per day accumulated over the trip. Pacific whiting, shortbelly rockfish, hagfish and arrowtooth flounder are excluded from the incidental landing restriction.

Stat. Auth.: ORS 506
Stats. Implemented: ORS 506 (continued)