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State
Oregon Regulations
CHAP 635 DEPARTMENT OF FISH AND WILDLIFE DIVISION 6 COMMERCIAL GEAR; LICENSES, POUNDAGE FEES, RECORDS AND REPORTS




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

DEPARTMENT OF FISH AND WILDLIFE

DIVISION 6

COMMERCIAL GEAR; LICENSES, POUNDAGE FEES,
RECORDS AND REPORTS

Definitions

635-006-0001

Definitions

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

(1) "Commercial fishing license" means those things required by ORS 508.235 and, for purposes of the Limited Fish Seller Permit, includes an Albacore Tuna Landing License.

(2) "Fair market value" shall be based on the market price of food fish or shellfish at the same time and place that the fish are landed, or the price established in OAR 635-006-0232 when the market price cannot be determined. For species not listed in OAR 635-006-0232, fair market value shall be based on the average price per pound paid to law enforcement officials for any fish or shellfish confiscated from persons landing legal overages, or the average ex-vessel price per pound paid for that species in that port during the month in which the overage occurred, whichever is greater. Unless otherwise noted, the fair market value is the price per pound and is based on round weight.

(3) "Fish buyer" means an individual employed by a wholesale fish dealer or food fish canner to purchase or receive food fish or shellfish from commercial fishermen at locations other than the licensed premises of the wholesale fish dealer or food fish canner.

(4) "Fish-buying station" means a location other than the licensed premises of a wholesale fish dealer or food fish canner at which such wholesale fish dealer or food fish canner purchases or receives food fish or shellfish from commercial fishermen.

(5) "Food fish canner" means a wholesale fish dealer who cans food fish including shellfish in hermetically sealed containers whereby no further preservation, artificial or otherwise, is required.

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

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

(8) "Land" or "landing" means to begin transfer of fish from a fishing vessel. Once transfer begins, all fish aboard the vessel are counted as part of the landing.

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

(10) "Limited fish seller" means any person who holds a valid Oregon commercial fishing license and who has obtained an annual limited fish seller permit which enables him/her to sell any species of food fish, taken in lawful activity directly from his/her boat, pursuant to ORS 508.550.

(11) "Limited fish seller - nontreaty Columbia River Gillnet Salmon Vessel Permit fishery" means a person who holds a valid Oregon commercial fishing license, a Columbia River Gillnet Salmon Vessel Permit, and who has obtained an annual limited fish seller permit which enables him/her to sell any species of food fish, taken in lawful activity directly from his/her boat or at locations away from the boat.

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

(13) "Overage" means any landing or portion of a landing that exceeds groundfish trip limits. Groundfish trip limits are approved by Pacific Fisheries Management Council and implemented by the National Marine Fisheries Service.

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

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

(16) "Processor" means a person who buys fresh food fish from a licensed commercial fisher or a wholesale fish dealer and processes food fish for sale through retail outlets or for sale to the ultimate consumer.

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

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

(19) "Retail fish bait dealer" means a person who buys fresh food fish or shellfish from a wholesale fish dealer or wholesale fish bait dealer, and sells to the ultimate consumer for use as bait.

(20) "Retail fish dealer" means a person who buys fresh food fish or shellfish from wholesale fish dealers, undertakes limited processing activity (limited to loining of tuna, filleting, smoking, steaking, or pickling food fish or shellfish), and sells only to the ultimate consumer.

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

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

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

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

(25) "Value" means the monetary value of the food fish, or parts thereof, including eggs and other by-products, at the point of landing as usually determined by the first exchange between the harvester and the first purchaser. In addition:

(a) Value is typically the amount of money which the first purchaser pays at the time and place that the fish are off-loaded from a vessel, or brought to shore if there is no vessel involved in harvesting, before any reductions or deductions in the amount of money as a result of the dealer furnishing ice, fuel, food or other commodities; and

(b) Value includes bonuses and other payments based directly on the quantity or quality of food fish exchanged, regardless of the time of payment of such bonuses or other payments; and

(c) Value includes any payments based on the proportion or percentage of processed products recovered from the food fish landed in the round or other form; and

(d) Value for food fish not sold by the harvester is the value received for comparable fish sold to a wholesale fish dealer at the same time and place that the fish are landed; and

(e) Value for food fish purchased from a harvester, by the harvester when acting as a wholesale fish dealer, is the price that is or would be paid to any other harvester for the same fish; and

(f) Value for food fish sold by a limited fish seller is the retail price received by the harvester from the first purchaser; and

(g) Value for food fish imported from out of state but not previously taxed out of state is the price paid for the fish by the first Oregon purchaser.

(26) "Wholesale fish bait dealer" means a person who buys food fish or shellfish, or parts thereof, from a licensed commercial fisherman, licensed commercial bait fisherman, or licensed angler, and sells or uses such food fish or shellfish for bait, scientific or educational purposes, or live public display.

(27) "Wholesale fish dealer" means a person who:

(a) Buys food fish or shellfish from a commercial fisherman; or

(b) Processes food fish or shellfish or any part thereof; or

(c) Sells food fish or shellfish to retail dealers or other wholesale fish dealers.

Stat. Auth.: ORS 506.119 & ORS 513.020
Stats. Implemented: ORS 506.129, ORS 508.025, ORS 508.040, ORS 508.550
Hist.: FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; DFW 38-1999, f. & cert. ef. 5-24-99; DFW 63-2003, f. & cert. ef. 7-17-03

Fishing Gear Specifications and Operation
635-006-0005

Applicability of Regulation

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

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

635-006-0010

Possession of Unlawful Fishing Gear Prohibited

It is unlawful to have on board any commercial fishing boat while fishing or landing food fish, taken for commercial purposes, any fishing gear which is not authorized by statute or Department of Fish and Wildlife regulation for use in commercial fishing or which does not conform to the specifications established for such fishing gear.

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

635-006-0015

Personal Use Fishing with Commercial Fishing Gear Prohibited

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

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

635-006-0020

Experimental Fishing Gear Permit

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

(2) Application for a permit shall be in writing accompanied by a fee of $3 and shall include the species of fish to be taken, the method to be used, and the name and location of the body of water from which the food fish are to be taken.

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

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

Dealer Licenses
635-006-0100

Retail Fish Dealer

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

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

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

635-006-0105

Wholesale Fish Dealer

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

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

635-006-0110

Food Fish Canner

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

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

635-006-0115

Shellfish Canner

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

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

635-006-0120

Fish Buyer

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

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

635-006-0125

Fish-Buying Station

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

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

635-006-0130

Wholesale Fish Bait Dealer

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

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

635-006-0131

Retail Fish Bait Dealer

No license is required of a retail fish bait dealer.

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

635-006-0132

Limited Fish Sellers Permit

(1) The permit referred to in ORS 508.550 shall be available to commercial fishermen who hold a valid commercial fishing license, including albacore tuna landing license, and who sell the catch off his/her own vessel, or a vessel operated by him/her.

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

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

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

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

Stat. Auth.: ORS 506.119 & 513.020
Stats. Implemented: ORS 506.129, 508.025,508.040 & 508.550
Hist.: FWC 1-1986, f. & ef. 1-10-86; FWC 99-1987, f. & ef. 11-17-87; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; DFW 38-1999, f. & cert. ef. 5-24-99; DFW 84-1999, f. & cert. ef. 11-1-99; DFW 63-2003, f. & cert. ef. 7-17-03; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04

635-006-0133

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

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

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

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

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

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

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

(7) This authority expires January 2, 2008.

Stat. Auth.: ORS 506.119, 513.020
Stats. Implemented: ORS 506.129, 508.025, 508.040, 508.550, HB3094 (2003)
Hist.: DFW 63-2003, f. & cert. ef. 7-17-03; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04

635-006-0134

Bonding Requirements

In accordance with ORS 508.415 and 508.550, the minimum bond amount is $25 for wholesale bait dealers; $1,000 for wholesale fish dealers, fish canners, and shellfish canners; and $200 for limited fish sellers. Bond amounts are determined by a total of the landing fees due for the three highest sales months of the previous year, and may be changed at the discretion of the Department. No bond is required of nonreporting fish dealers.

Stat. Auth.: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 802
Stats. Implemented: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 802
Hist.: FWC 1-1986, f. & ef. 1-10-86; FWC 99-1987, f. & ef. 11-17-87; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92

Fishing Licenses
635-006-0135

Alteration, Borrow, or Loan License Unlawfully

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

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

635-006-0140

Boat License

(1) A boat license is issued in accordance with ORS 508.035 and 508.260 of the commercial fishing laws and is required for the owner or operator of any boat used in taking food fish or shellfish for commercial purposes, except for the taking of clams or crayfish.

(2) A pair of decals bearing the last two numbers of the year for which the license is issued is included with the license for placement on the licensed boat. The license year decals shall be affixed to the licensed boat in a conspicuous place on each side of the boat on the superstructure as near midship as practicable.

(3) In accordance with subsection (3) of ORS 508.260, the assigned identification number of each licensed commercial fishing boat shall be as follows:

(a) The federal document number (all vessels five registered net tons and over);

(b) The state vessel registration number (all vessels not having a federal document number).

(4) Licensed commercial fishing boats which are federally documented shall have the document identification number displayed on each side of the boat adjacent to the current year license decal in not less than 3-inch high block numbers either placed on the boat or on an identification plate attached to the boat.

(5) Licensed commercial fishing boats which are state registered shall have their identification number displayed on each side of the bow as required by the appropriate laws or rules for displaying such number.

(6) Except as authorized by OAR 635-006-0132 or for fishers having a current Oregon Wholesale Fish Dealer license and Fish Buyer license, it is unlawful to transfer or sell commercially caught food fish, shellfish, or parts thereof, from a commercial fishing vessel to other than an Oregon Wholesale Fish Dealer or Fish Bait Dealer.

(7) As a license condition, owners or operators of commercial fishing vessels must cooperate with Department or Federal fishery observers, or observers collecting data for the Department or Federal agency, when asked, by the Department, to carry and accommodate an observer on fishing trips at no charge to the sponsoring agency.

(a) If observer coverage of a trip is denied by the owner or operator of a vessel, the Department shall require an explanation in writing from the owner or operator. This explanation shall be received by the Department within 15 days of written request by the Department for an explanation.

(b) The Department may request that the Commission revoke fishing permits or licenses for failure to cooperate in the observer program, after first allowing the owner or operator to meet with the Manager of Marine Program, or his representative, to provide an explanation for the denial.

(c) The Department shall not require the vessel operator or owner to provide an observer with meals or a subsistence allowance on observed fishing trips, but the vessel operator shall accommodate the observer with regard to reasonable eating and working conditions and access to pertinent fishing information and fishery data while aboard the vessel.

(d) Failure to provide reasonable eating and working conditions or access to pertinent fishing information or fishery data to observers, or actions taken by a vessel owner or operator against an observer that is prohibited pursuant to subsection (f), on observed fishing trips may lead to revocation of the vessel's fishing permits or licenses following the procedure outlined in subsection (b) above.

(e) To ensure that observer objectives may be reasonably and safely achieved, consistent with federal groundfish observer rules, it is unlawful for any person to:

(A) forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with an observer;

(B) interfere with or bias the sampling procedure employed by an observer, including physical, mechanical, or other sorting or discarding of any catch before sampling;

(C) tamper with, destroy or discard an observer's collected samples, equipment, or personal gear, without the express consent of the observer;

(D) prohibit or bar by command, impediment, threat, coercion, or refusal of reasonable assistance, an observer collecting samples, making observations, or otherwise performing the observers duties;

(E) harass an observer by conduct that has sexual connotations, has the purpose or effect of interfering with the observer's work performance, or otherwise creates an intimidating, hostile or offensive environment; or

(F) require, pressure, coerce, or threaten an observer to perform duties normally performed by crew members.

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 508.025, ORS 508.035 & ORS 508.260
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; FWC 26, f. 11-28-75, ef. 1-1-76, Renumbered from 625-040-0060, Renumbered from 635-036-0540; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; DFW 38-1999, f. & cert. ef. 5-24-99; DFW 97-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 128-2003, f. 12-15-03, cert. ef. 1-1-04

635-006-0145

Commercial Fishing License

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

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

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

(c) Lands food fish from the waters of the Pacific Ocean at any point in this state.

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

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

Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.129
Hist.: FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-040-0065, Renumbered from 635-036-0545; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92

635-006-0150

Single Delivery License

(1) The single delivery license is issued in accordance with ORS 508.035 for a one-time landing of food fish and is in lieu of the commercial fishing and boat license described in OAR 635-006-0140 and 635-006-0145. Where "commercial fishing license" is used in ORS 508.235 and "boat license" is used in ORS 508.260, this license may be substituted.

(2) In the absence of a commercial fishing and boat license, it is unlawful to engage in the taking or landing of food fish in waters of this state without a single delivery license.

(3) No food fish shall be removed from a boat requiring a single delivery license until the fee for such license is received and such license has been issued by an authorized agent of the Department of Fish and Wildlife. The license shall be on board the boat and available for inspection by the State Police or a representative of the Department of Fish and Wildlife whenever food fish are being unloaded.

(4) Single delivery licenses shall be forfeited upon landing to the wholesale fish dealer, who shall attach the license document to the appropriate fish ticket. Vessels taking fish outside of state waters may substitute the license fee at the time of landing for the license document.

(5) Vessels operating under a single delivery license must comply with OAR 635-006-0140(7), when requested by the Department.

Stat. Auth.: ORS 506.119, 506.129, 508.235 & 508.260
Stats. Implemented: ORS 508
Hist.: FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-040-0085, Renumbered from 635-036-0550; FWC 81-1985, f. 12-16-85, ef. 1-1-86; DFW 128-2003, f. 12-15-03, cert. ef. 1-1-04

635-006-0155

Juvenile Jig Line License

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

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

635-006-0160

Bait Fishing License

A bait fishing license is issued in accordance with ORS 508.312 of the commercial fishing laws and is required for any individual taking or assisting in the taking of food fish or shellfish for sale to a fish bait dealer. It is unlawful to take any food fish or shellfish under this license for human consumption purposes.

Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.129
Hist.: FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-040-0095, Renumbered from 635-036-0560; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92

635-006-0165

Commercial Fisherman Transportation Report

(1) It is unlawful for any commercial fisherman or any other person to transport food fish or shellfish in this state without first preparing and having in possession a written transportation report, invoice, or memorandum. The transportation report, invoice, or memorandum shall include the following:

(a) Date;

(b) Name and address of person from whom food fish or shellfish were received. If being transported by a commercial fisherman or received from a commercial fisherman, include his/her commercial fishing license number;

(c) Name and address of Oregon-licensed Wholesale Fish Dealer or Oregon-licensed Fish Bait Dealer where the food fish or shellfish are being delivered;

(d) The number of each species of food fish or shellfish, their weight or estimated weight in pounds.

(2) The food fish or shellfish shall be transported within 48 hours to an Oregon licensed Wholesale Fish Dealer or Oregon licensed Fish Bait Dealer and reported on a Fish Ticket within 48 hours of arriving in port.

(3) The transportation report, invoice, or memorandum shall be prepared prior to any food fish or shellfish being removed from the boat of original taking or prior to transporting away from the point of initial landing. For clams, the report shall be prepared prior to leaving the beach or clam digging area. For food fish or shellfish transported into Oregon from another state, the report shall be prepared prior to entering the State of Oregon. A bill of lading or freight bill required for common carriers is acceptable in lieu of a transportation report.

(4) The transportation report, invoice, or memorandum shall be retained by the commercial fisherman or person transporting the food fish including shellfish for a period of six months and is subject to inspection by the Director, his/her authorized agent, or by the State Police at any time during that period.

(5) This section does not apply to retail fish dealers, retail bait fish dealers, wholesale fish dealers, food fish canners, shellfish canners, and wholesale fish bait dealers when required to keep records in accordance with OAR 635-006-0205 and ORS 508.535.

Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.129
Hist.: FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-040-0100, Renumbered from 635-036-0565; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; DFW 38-1999, f. & cert. ef. 5-24-99

Fish Dealer Records and Reports
635-006-0200

Required Records

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

(2) This record is:

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

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

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

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

635-006-0205

Required Reports

(1) Every licensed wholesale fish dealer, wholesale fish bait dealer, food fish canner, and shellfish canner shall report all food fish or shellfish received from commercial fishermen or commercial bait fishermen authorized to land his/her catch in Oregon or received from a fish dealer from another state in which no tax or fee is levied and collected on the food fish or shellfish.

(2) As used in these regulations, any licensed wholesale fish dealer, fish buying station, fish buyer, bait dealer or canner whose licensed premises includes a receiving or docking facility for unloading the catch from a commercial fishing vessel shall be considered as the receiver and purchaser and shall have the responsibility for weighing the catch, reporting, and paying landing fees on such catch. The aforementioned premises shall only be licensed by one wholesale dealer, fish buying station, fish buyer, bait dealer or canner at one given time, except as provided in (3), below.

(3) Notwithstanding section (2) of this rule, upon receipt and approval by the Department of a Memorandum of Understanding in a form provided by the Department and signed by both parties, a licensed wholesale fish dealer or canner (identified as primary dealer) whose licensed premises includes a receiving or docking facility for unloading the catch from a commercial fishing vessel may act as an agent for another licensed wholesale fish dealer or canner (identified as secondary dealer).

(a) Through the Memorandum of Understanding the primary dealer agrees:

(A) To unload fish or shellfish products at their licensed receiving or buying dock from fishing vessels who are providing catch to the secondary dealer as per prior agreement and arrangement with the secondary dealer;

(B) To confirm that the landing is legal and the species are legal;

(C) To accurately report on fish tickets, assigned to the secondary dealer by the Department, all landing information in accordance with OAR 635-006-0210, with the exception of price;

(D) To obtain fisherman signature on the fish ticket reporting such catch or if necessary, a dock ticket for net-caught groundfish in accordance with OAR 635-006-0211;

(E) To, upon transfer of the landed product from the primary dealer to the secondary dealer, provide the fish ticket record of the landing to the secondary dealer; and

(F) To retain a record of the required landing information of such catches.

(b) In addition through the Memorandum of Understanding, the secondary dealer agrees:

(A) To obtain the appropriate buyer's license;

(B) To complete the fish ticket that reports the transferred product landed at the receiving or buying dock of the primary dealer, by adding the species ex-vessel price;

(C) To submit copies to the Department in accordance with OAR 635-006-0210(2); and

(D) To submit to the Department a monthly remittance report and accompanying landing fees in accordance with OAR 635-006-0215.

(c) The Department may withdraw its approval of any Memorandum of Understanding effective seven calendar days from postmark of written notice, based on the failure to abide by any of the terms of the Memorandum of Understanding or violation of any provision of this rule. If the Department withdraws its approval, then section (2) of this rule shall be applicable.

(4) Two basic reports required for reporting the commercial catch of food fish and shellfish and the payment of landing fees due on such catch are:

(a) The State of Oregon Fish Receiving Ticket; and

(b) The Fish Dealer Monthly Remittance Report. These reports shall be submitted on forms supplied or approved by the Department and completed in accordance with OAR 635-006-0210 and 635-006-0215.

(5)(a) All pink shrimp unloaded at a receiving or docking facility of a wholesale fish dealer or shellfish canner shall be weighed and the net weight (pounds of raw shrimp landed) recorded on a fish receiving ticket before being removed from the receiving facility and prior to processing;

(b) Notwithstanding subsection (5)(a) of this rule, a minimum sampling method or equivalent method may be used to estimate the net weight provided such method is approved and authorized in writing by the Department;

(c) Those wholesale fish dealers or canners authorized to use the sampling procedure in subsection (5)(b) of this rule are subject to inspection for accuracy by the Department or by the Oregon State Police, at any time. Authorization for use of a sampling procedure may be withdrawn if, in the judgment of the Department, the procedure employed is likely to be inaccurate.

Stat. Auth.: ORS 506.119 & ORS 508.530
Stats. Implemented: ORS 506.129 & ORS 508.535
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; FC 274(74-6), f. 3-20-74, ef. 4-11-74; FWC 28, f. 11-28-75, ef. 1-1-76, Renumbered from 625-040-0130, Renumbered from 635-036-0575; FWC 15-1981, f. 4-24-81, ef. 5-1-81; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 78-1993, f. & cert. ef. 12-6-93; FWC 23-1996, f. & cert. ef. 5-10-96; DFW 38-1999, f. & cert. ef. 5-24-99

635-006-0207

Limited Fish Seller Required Reports

(1) Every licensed Limited Fish Seller shall report all food fish or shellfish sold directly to consumers. Prior to making any sales of food fish or shellfish, Limited Fish Sellers shall notify the Department, by such means as the Department prescribes, the estimated number of food fish on board the boat and the location where the sale is to take place.

(2) Two reports required for reporting the commercial sale and the payment of landing fees due on such catch are:

(a) The State of Oregon Fish Receiving Ticket; and

(b) The Fish Dealer Monthly Remittance Report. These reports shall be submitted on forms supplied or approved by the Department and completed in accordance with OAR 635-006-0210 and 635-006-0215. In addition, a sequentially numbered receipt for each individual sale shall be issued to the purchaser at time of purchase, and to the fisherman if fish are to be kept for personal use. This receipt shall include the date, species, weight in pounds, price, number of fish or shellfish, and vessel name. A copy shall be retained on the vessel for a period of six months and available for three years and is subject to inspection by the Oregon State Police or authorized Department employee.

Stat. Auth.: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 802
Stats. Implemented: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 802
Hist.: FWC 1-1986, f. & ef. 1-10-86; FWC 99-1987, f. & ef. 11-17-87; FWC 142-1991, f. 12-31-92, cert. ef. 1-1-92

635-006-0210

Fish Receiving Ticket -- All Fish

(1) Except as provided in OAR 635-006-0211, for each purchase of food fish or shellfish by a licensed wholesale fish dealer, wholesale fish bait dealer, food fish canner, or shellfish canner from a commercial fisherman or commercial bait fisherman, the dealer or canner shall prepare a Fish Receiving Ticket at time of landing. Fish receiving tickets are prenumbered in books of 50 tickets. Fish dealers shall be required to account for all fish receiving tickets received from the Department. Fish receiving tickets shall be issued in numerical sequence. The fish receiving ticket shall include the following:

(a) Fish dealer's name and license number, including the buying station and location if the food fish or shellfish were received at any location other than the licensed premises of the fish dealer;

(b) Date of landing;

(c) Fisherman's name from whom purchase is made. If not landed from a vessel, then fisherman's commercial license number shall be added. If received from a Columbia River treaty Indian, his/her tribal affiliation and enrollment number as shown on the official identification card issued by the U.S. Department of Interior, Bureau of Indian Affairs, or tribal government, shall be used in lieu of an address or commercial fishing license;

(d) Boat name, boat license number, and federal document or State Marine Board number from which catch made;

(e) Fishing gear used by the fisherman;

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

(g) Species of food fish or shellfish received;

(h) Pounds of each species received:

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

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

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

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

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

(i) For Columbia River sturgeon the exact number of fish received and the actual round weight of that number of fish;

(j) Price paid per pound for each species received;

(k) Signature of the individual preparing the fish receiving ticket;

(l) Signature of the fisherman making the landing;

(m) Species name, pounds and value of fish retained by fisherman for personal use.

(2) Except as provided in OAR 635-006-0212 and 0213, the original of each fish receiving ticket covering food fish and shellfish received shall be forwarded within five working days of the date of landing to the Oregon Department of Fish and Wildlife, 3406 Cherry Avenue, NE, Salem, OR 97303.

(3) Wholesale fish bait dealers landing small quantities of food fish or shellfish may request authorization to combine multiple landings on one fish ticket and to deviate from the time in which tickets are due to the Department. Such request shall be in writing, and written authorization from the Department shall be received by the wholesale fish bait dealer before any such deviations may occur.

Stat. Auth.: ORS 496.138, 496.146, 496.162, 506.119, 506.129, 508.530 & 508.535
Stats. Implemented: ORS 506.129, 508.025, 508.040 & 508.550
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; FC 274(74-6), f. 3-20-74, ef. 4-11-74; FWC 28, f. 11-28-75, ef. 1-1-76, Renumbered from 625-040-0135, Renumbered from 635-036-0580; FWC 1-1986, f. & ef. 1-10-86; FWC 99-1987, f. & ef. 11-17-87; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 22-1992(Temp), f. 4-10-92, cert. ef. 4-13-91; FWC 53-1992, f. 7-17-92, cert. ef. 7-20-92; FWC 16-1995(Temp), f. & cert. ef. 2-16-95; FWC 23-1995, f. 3-29-95, cert. ef. 4-1-95; DFW 63-2003, f. & cert. ef. 7-17-03; DFW 117-2003(Temp), f. 11-25-03, cert. ef. 12-1-03 thru 2-29-04; DFW 10-2004, f. & cert. ef. 2-13-04

635-006-0211

Fish Receiving Ticket -- Net Caught Groundfish

For net-caught groundfish, at time of landing the following information may be recorded on a separate document in lieu of a Fish Receiving Ticket provided this original document (dock ticket) is attached to the completed dealer copy of the fish ticket subsequently submitted to ODFW:

(1) Date of landing.

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

(3) Pounds of fish by species:

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

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

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

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

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

(4) Signature of fisherman delivering the catch.

Stat. Auth.: ORS 506.119, ORS 506.129, ORS 508.530, ORS 508.535
Stats. Implemented: ORS 506.129, ORS 508.025, ORS 508.040 & ORS 508.550
Hist.: FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 22-1992(Temp), f. 4-10-92, cert. ef. 4-13-92; FWC 53-1992, f. 7-17-92, cert. ef. 7-20-92; DFW 63-2003, f. & cert. ef. 7-17-03

635-006-0212

Fish Receiving Ticket -- Salmon

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

(1) Fish receiving tickets shall be completed at time of landing and the original copy forwarded within four consecutive days following the landing to the Oregon Department of Fish and Wildlife.

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

Stat. Auth.: ORS 506.119, 506.129, 508.530 & 508.535
Stats. Implemented: ORS 506.129, 508.025, 508.040 & 508.550
Hist.: FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; DFW 63-2003, f. & cert. ef. 7-17-03; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04; DFW 44-2006(Temp), f. & cert. ef. 6-19-06 thru 12-15-06

635-006-0213

Fish Receiving Ticket -- Limited Fish Seller Permit

(1) For food fish or shellfish sold under a Limited Fish Seller Permit, the Limited Fish Seller shall complete daily entries of fish sold on a fish receiving ticket. Fish receiving tickets are prenumbered in books of 50 tickets. Limited Fish Sellers shall account for all fish receiving tickets received from the Department. Fish receiving tickets shall be issued in numerical sequence. The fish receiving ticket shall include, for each day's sales:

(a) Limited Fish Seller's name and license number;

(b) Date of sales;

(c) Boat name and federal document or State Marine Board number from which catch made;

(d) Fishing gear used;

(e) Species of fish or shellfish sold;

(f) Quantity in pounds;

(g) Price received per pound;

(h) Signature of the individual preparing the fish ticket;

(i) Name of wholesale fish dealer to whom other food fish or shellfish were sold from the same fishing trip.

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

(2) The original of each fish receiving ticket covering fish and shellfish sold per trip shall be forwarded within ten working days following the landing to the Oregon Department of Fish and Wildlife.

Stat. Auth.: ORS 506.119, 506.129, 508.530, 508.535, 508.550
Stats. Implemented: ORS 506.129, 508.025, 508.040, 508.550
Hist.: FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; DFW 63-2003, f. & cert. ef. 7-17-03; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04

635-006-0215

Monthly Remittance Report

(1) A monthly report is required of all licensed:

(a) Wholesale fish dealers, wholesale fish bait dealers, food fish canners, or shellfish canners receiving food fish or shellfish from licensed commercial fishermen or bait fishermen;

(b) Limited fish sellers selling food fish or shellfish.

(2) Except as provided in OAR 635-006-0220, the report is required even though no food fish or shellfish are received or sold during the calendar month covered by the report.

(3) The following information shall be included on the report:

(a) Fish dealer's name, license number, and address;

(b) Calendar month of the report;

(c) Serial numbers of all fish receiving tickets issued during the month;

(d) Total pounds of all salmon and steelhead received or sold during the calendar month on which poundage fees are due. Salmon and steelhead may be reported as round weight, dressed head on or dressed head off;

(e) Total value of salmon and steelhead received or sold during the calendar month including fish eggs and parts;

(f) Total value of all other food fish and shellfish including eggs and parts;

(g) Total pounds in the round of all other species of food fish or shellfish received or sold during the calendar month on which taxes are due. The following listed species may be converted to round weight for the purposes of completing monthly reports, by multiplying the below-listed factor by the dressed weight of that species:

(A) Troll salmon:

(i) Gilled and gutted -- 1.15;

(ii) Gilled, gutted, and headed -- 1.30.

(B) Halibut:

(i) Gilled and gutted -- 1.15;

(ii) Gilled, gutted, and headed -- 1.35.

(C) Sablefish, gutted and headed -- 1.60;

(D) Pacific whiting:

(i) Fillet -- 2.86;

(ii) Headed and gutted -- 1.56;

(iii) Surimi -- 6.25.

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

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

(G) Thresher shark -- 2.0;

(H) Skates -- 2.6;

(I) Lingcod:

(i) Gilled and gutted -- 1.1;

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

(J) Spot prawn, tails -- 2.24.

(h) Total value of food fish landed in another state but not taxed by that state;

(i) Total pounds in the round of all food fish landed in another state but not taxed by that state;

(j) Total fees due -- in accordance with ORS 508.505 the fees are the value of the food fish at the point of landing multiplied by the following rates:

(A) All salmon and steelhead, 3.15 percent;

(B) Effective January 1, 2005, all black rockfish, blue rockfish and nearshore fish (as defined by ORS 506.111), 5 percent.

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

(k) Signature of the individual completing the report.

(4) The monthly report and all landing fees due shall be sent to the Oregon Department of Fish and Wildlife on or before the 20th of each month for the preceding calendar month. Landing fees are delinquent if not received or postmarked within 20 days after the end of the calendar month. A penalty charge of $5 or five percent of the landing fees due, whichever is larger, shall be assessed along with a one percent per month interest charge on any delinquent landing fee payments. (continued)