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(continued)
Stat. Auth.: ORS 506.119 & 508.530
Stats. Implemented: ORS 506.129, 508.535 & 508.550
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; FC 274(74-6), f. 3-20-74, ef. 4-11-74; FWC 28, f. 11-28-75, ef. 1-1-76, Renumbered from 625-040-0140; FWC 48-1978, f. & ef. 9-27-78, Renumbered from 635-036-0585; FWC 17-1981(Temp), f. & ef. 5-22-81; FWC 25-1981(Temp), f. 7-8-81, ef. 7-15-81; FWC 27-1981, f. & ef. 8-14-81; FWC 1-1986, f. & ef. 1-10-86; FWC 4-1987, f. & ef. 2-6-87; FWC 99-1987, f. & ef. 11-17-87; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 22-1992(Temp), f. 4-10-92, cert. ef. 4-13-92, FWC 53-1992, f. 7-17-92, cert. ef. 7-20-92; FWC 5-1993, f. 1-22-93, cert. ef. 1-25-93; DFW 38-1999, f. & cert. ef. 5-24-99; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04; DFW 118-2005(Temp), f. & cert. ef. 10-10-05 thru 12-31-05; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06
635-006-0220
Waiver of Monthly Report
(1) Any licensed wholesale fish dealer, wholesale fish bait dealer, food fish canner, or shellfish canner may request waiver of the filing of monthly reports when either no food fish or shellfish will be received for more than two months in a calendar year or all food fish or shellfish purchased during the year will be received from other wholesale fish dealers. The waiver request shall be in writing and shall include the reason for the request and, if applicable, the names of the wholesale fish dealers from whom food fish will be received.
(2) Any licensed limited fish seller may request waiver of the filing of monthly reports when no food fish or shellfish will be sold for more than two months in a calendar year. The waiver request must be in writing and include the reason for the request.
Stat. Auth.: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 802
Stats. Implemented: ORS 506.109, ORS 506.119, ORS 506.129 & ORS 802
Hist.: FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-040-0145, Renumbered from 635-036-0590; FWC 1-1986, f. & ef. 1-10-86; FWC 99-1987, f. & ef. 11-17-87; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
635-006-0225
Purchase, Record, Report, and Sale of Steelhead Trout, Walleye
(1) Steelhead trout and walleye lawfully taken by treaty Indians during commercial fishing seasons may be purchased by licensed wholesale fish dealers, canners, or buyers pursuant to restrictions set forth in sections (2) through (5) of this rule. In addition, steelhead trout and walleye taken lawfully by treaty Indians during commercial fishing seasons may be purchased and/or possessed by any individual pursuant to restrictions set forth in section (6) of this rule.
(2) The wholesale fish dealer, canner, or buyer, shall at the time of purchase, enter the purchase of steelhead and walleye on a Department of Fish and Wildlife Columbia River Fish Receiving Ticket. Information required to be entered on the fish receiving ticket shall be the same as required by OAR 635-006-0210 and 635-006-0212 for each purchase of food fish.
(3) The record keeping and reporting requirements for food fish as set forth in OAR 635-006-0200 through 635-006-0215 shall apply to all steelhead trout and walleye purchases.
(4) In addition to the records required in connection with the purchase of steelhead trout, and walleye, a record of all sales of steelhead and walleye shall be maintained by licensed wholesale fish dealers, canners, or buyers for a period of three years and shall be subject to inspection by the Department or the State Police. Such record of sales shall include as a minimum:
(a) Name and address of each person to whom either steelhead or walleye are sold;
(b) Quantity in pounds of each sale identified as whole or round weight or dressed weight;
(c) Date of each delivery.
(5) It is unlawful for any wholesale fish dealer, canner, or buyer in possession of legally purchased steelhead or walleye to sell or distribute such fish in Oregon except to another wholesale fish dealer, canner, or buyer.
(6) Steelhead trout and walleye taken lawfully by treaty Indians during commercial fishing seasons may be purchased from a treaty Indian and/or possessed by any individual so long as said fish are accompanied by a written document listing treaty Indian taker's name, tribal enrollment number, number of fish, approximate weight of each fish, date and location where taken, date of sale, and purchaser's name. It is unlawful for any individual other than a treaty Indian to sell steelhead trout or walleye. The provisions in this section (6) apply to individuals other than licensed wholesale fish dealers, canners and buyers.
Stat. Auth.: ORS 506.119, ORS 508.530 & ORS 509.031
Stats. Implemented: ORS 498.022, ORS 506.129, ORS 508.535 & ORS 508.550
Hist.: FWC 39, f. & ef. 1-23-76, Renumbered from 625-040-0150, Renumbered from 635-036-0595; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 41-1995, f. 5-23-95, cert. ef. 5-24-95; FWC 51-1997(Temp), f. & cert. ef. 8-27-97; DFW 73-1998, f. & cert. ef. 8-28-98
635-006-0230
When Possession of Steelhead or Walleye Unlawful
Except as otherwise provided by law or rule, it is unlawful for any person to have in possession either steelhead trout or walleye taken by any means other than by angling.
Stat. Auth.: ORS 496.138 & ORS 509.031
Stats. Implemented: ORS 496.138 & ORS 509.031
Hist.: FWC 41, f. & ef. 1-23-76, Renumbered from 625-040-0155, Renumbered from 635-036-0600; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 41-1995, f. 5-23-95, cert.e f. 5-24-95
635-006-0231
When Possession of Salmon Unlawful
Except as otherwise provided by law or rule, it is unlawful to possess or distribute commercially caught salmon that has been taken by gear other than "troll," unless authorized by the Oregon Department of Fish and Wildlife.
Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109 & ORS 506.129
Hist.: DFW 38-1999, f. & cert. ef. 5-24-99
635-006-0232
Damages for Commercial Fishing Violations
(1) For purposes of ORS 506.720 the following shall be the 2006 average market value of food fish species. For species not listed, the average market value shall be the price per pound paid to law enforcement officials for any fish or shellfish confiscated from the person being assessed damages, or the average price per pound paid for that species during the month in which the violation occurred, whichever is greater. Unless otherwise noted, the amount given is the price per pound and is based on round weight.
(a) FISH:
(A) Anchovy, Northern $0.01;
(B) Cabezon, $3.54;
(C) Carp $0.10 (1995 price);
(D) Cod, Pacific $0.46;
(E) Flounder, arrowtooth $0.10;
(F) Flounder, starry $0.38;
(G) Greenling, $4.57;
(H) Grenadier $0.10;
(I) Hagfish $0.44;
(J) Hake, Pacific (Whiting) $0.05;
(K) Halibut, Pacific, dressed weight with head on $2.87;
(L) Herring, Pacific $0.08;
(M) Lingcod, $1.71;
(N) Mackerel, jack $0.03, Pacific $0.03;
(O) Opah $1.00;
(P) Pacific ocean perch, $0.47;
(Q) Pollock, Walleye $0.67 (2001 price);
(R) Rockfish:
(i) Black, $1.57;
(ii) Blue, $1.53;
(iii) Canary, using trawl gear $0.50, using line and pot gear, $.074;
(iv) Darkblotched, $0.43;
(v) Nearshore, $6.24;
(vi) Shelf, $0.46;
(vii) Shortbelly, using trawl gear $0.29 (2003 price);
(viii) Slope, using trawl gear, $0.48 using line and pot gear $0.54;
(ix) Widow $0.43;
(x) Yelloweye, using trawl gear $0.51, using line and pot gear $0.90;
(xi) Yellowtail, using trawl gear $0.48, using line and pot gear $0.83 and live $1.56 (2004 price).
(S) Sablefish:
(i) Dressed weight, ungraded $3.06, extra small $1.99, small $2.99, medium $3.67 and large $3.91;
(ii) Round weight, ungraded $1.65, extra small $0.73, small $0.98, medium $1.29 and large $1.73.
(T) Salmon, Chinook, Ocean dressed weight: large $3.08, medium $3.16, small $3.79 and mixed size $3.30;
(U) Salmon, coho, Ocean dressed weight: mixed size $1.87;
(V) Salmon, pink, ocean dressed weight, ungraded, $1.25;
(W) Sanddab, Pacific $0.36;
(X) Sardine, Pacific $0.06;
(Y) Shad, American:
(i) Coast, ungraded, gill net and set net, $0.30 (2003 price);
(ii) Columbia, ungraded $0.21;
(iii) Midwater trawl $0.01.
(Z) Shark, blue $0.82, Pacific sleeper $0.62 (2000 price), shortfin mako $1.10, sixgill, $0.50 (2001 price), soupfin $0.53, spiny dogfish $0.15, scalloped hammerhead $0.12 (2001 price), silky $0.18 (2001 price), thresher dressed weight $1.50 (1995 price) and round weight $0.70 and other species $0.10 (2004 price);
(AA) Skates and Rays $0.16;
(BB) Smelt, Eulachon (Columbia River), $1.77 and other species $2.00 (2004 price);
(CC) Sole, butter $0.32, curlfin (turbot) $0.33, Dover $0.37, English $0.32, flathead $0.31, petrale $0.91, rex $0.40, rock $0.34 and sand $0.64;
(DD) Steelhead $0.29;
(EE) Sturgeon, green $0.83 and white $1.76;
(FF) Surfperch $0.93;
(GG) Swordfish $3.25 (2003 price);
(HH) Thornyhead (Sebastolobus), longspine $0.57 and shortspine $0.70;
(II) Tuna, albacore $1.09, bluefin $2.50 (2004 price) and yellowfin $0.73 (2001 price);
(JJ) Walleye $3.24 (2004 price);
(KK) Wolf-eel $0.44;
(LL) Wrymouth $0.18.
(b) CRUSTACEANS:
(A) Crab: box $1.11 (2002 price), Dungeness bay $2.70 and ocean $1.50, rock $1.49 and Tanner $0.69 (2003 price);
(B) Crayfish $1.65;
(C) Shrimp: brine $1.00, coonstripe $3.60 (2004 price), ghost (sand) $1.99, mud $1.24, pink $0.44 (applied to the gross round weight of the confiscated pink shrimp reported on the fish receiving ticket) and spot $9.03;
(D) Water flea (Daphnia) $0.65 (2002 price).
(c) MOLLUSKS:
(A) Abalone, flat $16.21;
(B) Clams: butter $0.30, cockle $0.45, gaper $0.41, littleneck $2.00, razor $2.29 and softshell $2.40;
(C) Mussels, ocean $0.65;
(D) Octopus $0.77;
(E) Scallop, rock $0.70;
(F) Scallop, weathervane dressed weight (shucked) $5.73 (2002 price) and round weight $0.55 (2002 price);
(G) Squid $0.22.
(d) OTHER INVERTEBRATES:
(A) Jellyfish $10.00 (2004 price);
(B) Sea cucumber $0.30;
(C) Sea urchin, red $0.31 and purple $0.30 (2004 price);
(D) Sea stars $1.00.
(2) The Department may initiate civil proceedings to recover damages as authorized by ORS 506.720 where the value of any food fish unlawfully taken exceeds $300, except for food fish taken by trawl in the groundfish fishery where the trip limit has not been exceeded by more than 15%.
Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109 & 506.720
Hist.: FWC 160, f. & ef. 11-25-77; FWC 18-1978, f. & ef. 4-7-78, Renumbered from 635-036-0605; FWC 33-1982, f. & ef. 6-2-82; FWC 9-1988, f. & cert. ef. 3-3-88; DFW 6-2003, f. 1-21-03, cert. ef. 2-1-03; DFW 3-2004, f. 1-14-04, cert. ef. 2-1-04; DFW 1-2005, f. & cert. ef. 1-7-05; DFW 1-2005, f. & cert. ef. 1-7-05; DFW 1-2006, f. & cert. ef. 1-9-06
635-006-0233
Payment for Legal Commercial Fishing Overages
For purposes of legally landed overages where proceeds are to be remitted to the state, payment shall be at fair market value as defined in OAR 635-006-0001.
Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109 & ORS 506.129
Hist.: DFW 38-1999, f. & cert. ef. 5-24-99
635-006-0235
Revocation of and Refusal to Issue Commercial Fishing and Fish Dealer Licenses
(1) Except as provided in section (2) of this rule in accordance with ORS 508.485 and 508.490, upon the third conviction or third forfeiture of bail within three years for violation of any of the Commercial Fishing Laws of the State of Oregon or for conviction in the State of Washington of an offense which was a violation of Columbia River Commercial fishing rules adopted pursuant to the Columbia River Compact, by any person, the Commission shall initiate contested case proceedings in accordance with the Administrative Procedures Act (ORS Chapter 183) to revoke, or refuse to issue, licenses issued under the Commercial Fishing Laws (ORS Chapters 506–513).
(2) Convictions or forfeiture of bail for exceeding trip limits in the groundfish trawl fishery, where the trip limit has not been exceeded by more than 15 percent, shall not be considered as a conviction or forfeiture of bail for purposes of section (1) of this rule.
(3) The Commission shall appoint a hearings officer to conduct the contested case hearing prescribed in section (1) of this rule.
(4)(a) In addition to the hearings officer, the Commission may appoint a three-member License Revocation Board to be present at the hearing and to make advisory recommendations to the Commission concerning revocation or refusal to issue a license to that person. Boards shall consist of members representing the following fishing industries:
(A) Troll salmon;
(B) Gillnet salmon;
(C) Groundfish and shrimp;
(D) Crab;
(E) All other commercial fisheries.
(b) Only members from the appropriate board shall participate in hearings related to their subject area. The hearings officer shall notify the appropriate board of the date, time and place of the hearing, and shall provide any other public notice required by ORS Chapter 183;
(c) At the hearing, the board may request the hearings officer call additional witnesses or seek additional evidence;
(d) At the conclusion of the hearing, the board shall prepare written recommendations concerning the disposition of the case, which the board shall serve on all parties and forward to the Commission.
(5) A proposed order in the form prescribed by OAR 137-003-0070, including findings of fact and conclusions of law, shall be prepared by the hearings officer, served on all parties, and shall be forwarded to the Commission.
(6) In accordance with ORS Chapter 183, the Commission shall provide an opportunity to all parties to respond in writing within a period set by the Commission to the proposed order of the hearings officer and to the written recommendations submitted by the board.
(7) In deciding whether to revoke or refuse to issue a license, the Commission shall consider:
(a) The recommendation of the License Revocation Board;
(b) The gravity of the most recent offense, including whether the offense was a felony and whether the offense involved a closed season, closed area, or unlawful gear;
(c) The gravity of the other commercial fishing offenses of which the person has been convicted or forfeited bail;
(d) The impact of the offense on the fisheries resources of the state or, where relevant, on the State of Washington, including consideration of the species involved;
(e) Whether the person also has been convicted of or forfeited bail for violations of the wildlife laws of the State of Oregon.
Stat. Auth.: ORS 508
Stats. Implemented: ORS 508
Hist.: FWC 160, f. & ef. 11-25-77; FWC 18-1978, f. & ef. 4-7-78, Renumbered from 635-036-0605; FWC 33-1982, f. & ef. 6-2-82; FWC 9-1988, f. & cert. ef. 3-3-88
Columbia River Gillnet Salmon Vessel
Fleet Reduction Program
635-006-0400
Purpose
The purpose of the Columbia River gillnet salmon vessel fleet reduction program is to obtain an effective and expeditious reduction of the number of vessels in the non-Indian Columbia River commercial gillnet salmon fishing fleet to reduce their overall fishing capacity.
Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 7-1982, f. & ef. 1-29-82; FWC 77-1982, f. & ef. 10-29-82; FWC 25-1985(Temp), f. & ef. 5-30-85
635-006-0405
Definitions
For the purpose of OAR 635-006-0400 through 635-006-0425:
(1) "Permit" shall mean a current Columbia River gillnet salmon vessel permit, issued pursuant to Chapter 679, Oregon Laws 1979.
(2) "License" shall mean a boat license issued in accordance with ORS 508.035 and 508.260.
(3) "Permit Holder" shall mean an individual who has been issued and possesses a current permit.
(4) "Vessel" shall mean a commercial fishing vessel.
(5) "Program" shall mean the Oregon Columbia River gillnet salmon fleet reduction program.
(6) "Buy-Back" shall mean the purchase by the Department of a current permit during the program.
(7) When used to describe the status of a permit, "current" shall mean either a 1984 permit for which the permitted vessel qualifies for renewal in 1985 or a 1985 permit.
(8) "Offer Price" shall mean the dollar amount at which a permit holder offers to sell the permit to the Department.
Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 7-1982, f. & ef. 1-29-82; FWC 77-1982, f. & ef. 10-29-82; FWC 68-1983, f. & ef. 12-16-83; FWC 63-1984, f. & ef. 9-21-84; FWC 56-1986(Temp), f. & ef. 9-11-86
635-006-0410
Eligibility Requirements
In order to be eligible to participate in the program, a permit holder must have held a license for a vessel which was used lawfully to land in Oregon salmon taken in the Columbia River gillnet salmon fishery prior to December 22, 1984.
Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 7-1982, f. & ef. 1-29-82; FWC 77-1982, f. & ef. 10-29-82; FWC 63-1984, f. & ef. 9-21-84; FWC 56-1986(Temp), f. & ef. 9-11-86
635-006-0412
Death of Eligible Permit Holder
(1) In the event that an eligible permit holder dies subsequent to January 29, 1982, his/her permit may then be purchased from the personal representative or executor administering the estate of the permit holder.
(2) In the event that the permit holder's estate referred to in section (1) of this rule is closed:
(a) The permit may be purchased from the permit holder's spouse;
(b) In the event that the permit holder is not survived by a spouse, the permit may be purchased from the permit holder's children.
Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 22-1983(Temp), f. & ef. 6-13-83; FWC 68-1983, f. & ef. 12-16-83
635-006-0415
Notification
All permit holders shall be notified of the program by 1st class mail to the last known address of which the Department has notice in writing from the permit holder; and shall be provided with information explaining the program's purpose, eligibility requirements, application procedures, buy-back procedures, and forms required to be completed and returned to the Department.
Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 7-1982, f. & ef. 1-29-82; FWC 77-1982, f. & ef. 10-29-82
635-006-0420
Participation Requirements
In order to participate in the program a permit holder shall provide to the Department:
(1) A completed application form including the written consent of each person holding a security interest in the vessel to which the permit is assigned.
(2) Information on activities in the Columbia River gillnet salmon fishery including years in which salmon were lawfully landed in Oregon from the fishery, and pounds of salmon lawfully landed in Oregon in those years.
(3) A completed and signed offer to sell the permit to the Department at an offer price specified by the permit holder.
(4) A completed and signed transfer authorization of the offered permit if the offer is accepted.
Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 7-1982, f. & ef. 1-29-82; FWC 77-1982, f. & ef. 10-29-82
635-006-0423
Ranking of Applications
The Department shall separate eligible applicants into one of the following categories:
(1) Category A shall contain permit holders who held licenses prior to February 28, 1977.
(2) Category B shall contain permit holders not contained in Category A who held licenses subsequent to February 28, 1977, but prior to December 22, 1980.
Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 63-1984, f. & ef. 9-21-84
635-006-0425
Purchase of Permits
Permits shall first be purchased from Category A. Permits shall be purchased from Category B only after purchases approved by the Commission from Category A are selected:
(1) Permits shall be purchased beginning with the lowest offer price.
(2) Each subsequent permit purchase shall be made at the lowest remaining offer price.
(3) In case of ties in otherwise qualified permit holders' offer prices, the Department will first purchase the permit of the permit holder with the greatest total pounds of salmon lawfully landed in Oregon from the Columbia River gillnet salmon fishery for the period 1978 through 1984.
(4) Any offer over $1,000 shall be referred to the Commission for approval.
(5)(a) Permits which are purchased shall be retired by the Department;
(b) The transfer of the offered permit is effective upon written acceptance by the Department.
(6) The Department shall purchase no more than one permit from each applicant.
(7) The Department shall indicate on all application forms a deadline date after which no more program applications and offers to sell permits shall be accepted.
(8) Any offer to sell a permit at the offer price selected by the applicant shall constitute a formal offer to sell the permit to the Department and may not be withdrawn until 120 days after the deadline date specified on the application form provided by the Department.
(9) In determining the total salmon landings of an applicant, the Department may consider as evidence:
(a) Department records;
(b) Such information as the Department considers reliable evidence of the landings;
(c) An affidavit submitted by the permit holder concerning the quantity of salmon lawfully landed.
(10) In determining program eligibility the Department may consider as evidence:
(a) Department records;
(b) Such information as the Department considers reliable evidence of eligibility;
(c) An affidavit submitted by the permit holder concerning his/her eligibility.
Stat. Auth.: ORS 506
Stats. Implemented: ORS 506
Hist.: FWC 7-1982, f. & ef. 1-29-82; FWC 77-1982, f. & ef. 10-29-82; FWC 1-1984, f. & ef. 1-10-84; FWC 68-1983, f. & ef. 12-16-83; FWC 63-1984, f. & ef. 9-21-84; FWC 56-1986(Temp), f. & ef. 9-11-86
Developmental Fisheries Program
635-006-0800
Purpose
These rules guide the operation of the Developmental Fisheries Program pursuant to ORS 506.450 through 506.465.
Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94
635-006-0810
Definitions
(1) For the purposes of OAR 635-006-0820 through 635-006-1210 the following definitions shall apply:
(2) "Actively managed" means a fishery under a limited entry system according to the provision of a federal fishery management plan.
(3) "Bay clams" means cockle clams (Clinocardium nuttallii), butter clams (Saxidonus giganteus), gaper clams (Tresus capas, nuttallii), native littleneck clams (Protothaca stamines), and softshell clams (Mya arenaria).
(4) "Board" means the Developmental Fisheries Board appointed by the Commission.
(5) "Commission" means the Oregon Fish and Wildlife Commission.
(6) "Department" means the Oregon Department of Fish and Wildlife.
(7) "Developed fishery" means a fishery where the level of participation, catch, and effort indicate the fishery has approached optimum sustained yield and/or there is sufficient biological information, information on harvest methods, gear types, and markets to develop a long-term management plan for the species.
(8) "Developmental fisheries species" means food fish species adopted by the Commission to be managed under the Developmental Fisheries Program.
(9) "Director" means the Director of the Oregon Department of Fish and Wildlife.
(10) "Domestic partner" means an individual who, together with a permit holder has formed a partnership in which both:
(a) Are at least 18 years of age;
(b) Share a close personal relationship and are responsible for each other's welfare;
(c) Are each other's sole domestic partner;
(d) Are not married to anyone and neither has had another domestic partner or a spouse within in the previous six months;
(e) Are not related by blood closer than would bar marriage under ORS 106.020;
(f) Have shared a household for at least six months; and
(g) Are jointly financially responsible for basic living expenses, including expenses for food, shelter, and maintaining a household.
(11) "Immediate family" means a permit holder's spouse, domestic partner, children, father, mother, brother, sister, stepchildren, and grandchildren.
(12) "Maximum sustainable yield" (MSY) means an estimate of the largest average annual catch or yield that can be taken over a significant period of time from each stock under prevailing ecological and environmental conditions.
(13) "Underutilized species" means a food fish species or group of species that is not presently harvested in significant quantities due to poor markets or inadequate gear development or may be caught but not utilized due to poor markets.
(14) "Optimum sustained yield" (OSY) means the desired catch level of a fishery that will provide the greatest overall benefit to the state taking into account economic, social, and ecological considerations that will maintain a level of population that insures the long-term productivity of the stock and does not impair its ability to sustain itself into the future.
(15) "Overfishing" means a level or rate of fishing mortality that jeopardizes the long-term capacity of a stock or stock complex to produce MSY.
Stat. Auth.: ORS 506.109, 506.119, 506.450, 506.455 & 506.465
Stats. Implemented: ORS 596.129
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94; DFW 85-1999, f. & cert. ef. 11-1-99; DFW 119-2001, f. & cert. ef. 12-24-01; DFW 117-2002, f. & cert. ef. 10-21-02; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06
635-006-0820
Annual List of Developmental Fisheries Species
(1) In consultation with the Board, the Commission shall by rule adopt an annual list, effective the first of January of each year, of food fish species that are considered to be developmental fisheries species.
(2) Any person may submit a written request to the Board to list or remove species on the Developmental Fisheries Species list by October 31. The Board shall make a recommendation to the Commission on each request at the annual review.
(3) Prior to the annual review by the Commission, the Board shall review the Developmental Fishery Program including numbers of permits, conditions of use, and research programs including financing.
Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94
635-006-0830
Listing as a Developmental Fisheries Species
To list a food fish species as a Developmental Fisheries Species, the Commission shall determine the species is underutilized. If the Commission determines the species is underutilized it shall:
(1) Consider existing catch history, biological data, market information.
(2) Consider any known or potential conflicts including competing uses or gears, existing rules, state or federal management plans or policies, or impacts on other species.
(3) Place each species into one of three categories of the list according to the following criteria:
(a) Species in category "A" are underutilized, are not currently actively managed off Oregon under another state or federal management plan, and have the potential to be economically viable. Species in category "A" shall have permit and gear limitations established by the Commission annually;
(b) Species in category "B" are underutilized, are not currently under another state or federal management plan, and have not shown the potential to be a viable fishery. A species so designated may be upgraded to the "A" category, upon application to the Board and approval by the Commission during the annual review;
(c) Species in category "C" are underutilized and are currently under another state or federal management plan already establishing permit and/or gear limitations.
Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450 – ORS 506.465
Stats. Implemented: ORS 506.129 & ORS 506.450 – 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94; DFW 85-1999, f. & cert. ef. 11-1-99
635-006-0840
Removing a Developmental Fisheries Species From the List
(1) To remove a food fish species as a Developmental Fisheries Species, the Commission shall determine:
(a) The fishery meets the definition of a developed fishery; or
(b) The species is being harvested in excess of optimum sustained yield; or
(c) The species is listed by the State or Federal government as threatened or endangered; or is critical to the health of a species, pursuant to OAR 635-100-0130 to Section 6 of the Federal Endangered Species Act; or
(d) Continuation of commercial harvest as a developmental fisheries species may lead to excessive gear conflicts, habitat damage, or excessive discard of incidentally caught food fish; or
(e) Excessive user group conflicts.
(2) When a Developmental Fisheries Species is removed from the list, the Commission shall establish an alternative management plan for the species which may include continuation of the limited entry system or termination as a commercial species.
Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94
635-006-0850
Developmental Fisheries Species List
(1) The Developmental Fisheries species, permit and gear restrictions, and landing requirements for renewal of Category A permits are as follows:
(a) FISH:
(A) Pacific hagfish (Eptatretus stouti) fishery has a qualifying requirement of five landings. Annual renewal requirements are five landings of at least 1,000 pounds each or a total of 25,000 pounds. In addition, landings must be made in at least three different months. Hagfish permits are valid for 90 days from date of issue, unless five landings of at least 1,000 pounds each or a total of 25,000 pounds are made within 90 days from date of issue, in which case the permit is valid for the remainder of the year. There are 25 permits for harvest of which there are no trawl permits;
(B) Blue shark (Prionace glauca) fishery has a qualifying and annual renewal requirement of either five landings consisting of at least 500 pounds each landing or one landing consisting of at least 5000 pounds. There are 10 permits for harvest of which there are no high seas drift net permits and no large mesh gill net permits. No permit is needed for hand lines or hand harvest. Experimental gear permits may be required;
(C) Swordfish (Xiphias gladius) fishery has a qualifying and annual renewal requirement of either five landings consisting of at least 500 pounds each landing or one landing consisting of at least 5000 pounds. Permits are valid for and renewal requirements are calculated from February 1 through January 31 of the following year. There are 20 permits for harvest by floating longline and 10 permits for harvest by other gear. Specially adapted drift/gill net may be permitted. Experimental gear permits may be required. Five single-delivery permits will be issued to those who applied by annual filing date, but did not receive a Developmental Fishery Permit. Gill net gear must conform to California gear restrictions;
(D) Northern anchovy (Engraulis mordax) and Pacific herring (Clupea pallasi) fishery has a qualifying and annual renewal requirement of either five landings consisting of at least 500 pounds each landing or one landing consisting of at least 5000 pounds. There are 15 permits for ocean harvest. Specially adapted small mesh drift/gill net may be permitted. No permit is needed for hand lines or hand harvest. Experimental gear permits may be required.
(b) INVERTEBRATES:
(A) Box crab (Lopholithodes foraminatus) fishery has a qualifying and annual renewal requirement of five landings consisting of at least 100 pounds each landing. There are 25 permits for harvest with pots only;
(B) Grooved tanner crab (Chionoecetes tanneri), Oregon hair crab (Paralomis mulitspina) and scarlet king crab (Lithodes couesi) fishery has a qualifying and annual renewal requirement of five landings consisting of at least 100 pounds each landing. There are 10 permits for harvest with pots only;
(C) Spot prawn (Pandalus platyceros) fishery has a qualifying and annual renewal requirement of five landings consisting of at least 100 pounds (round weight) each landing or one landing consisting of at least 1000 pounds. After 2002, new permits for trawl gear will not be issued and trawl permits may be renewed as pot permits. After 2003, permits will be issued for pot gear only; no new permits will be issued until the number of permits issued is below 10, after which there may continue to be 10 permits. Permits are area specific. Experimental gear permits may be required. Permits are issued geographically, split at Heceta Head with 50 percent issued north and 50 percent issued south of Heceta Head, until after the date of the lottery;
(D) Coonstripe shrimp (Pandalus danae) and sidestripe shrimp (Pandalopsis dispar) fishery has a qualifying and annual renewal requirement of five landings consisting of at least 100 pounds (round weight) each landing. There are 10 permits for harvest by pot gear;
(E) Giant octopus (Octopus dofleini) fishery has a qualifying and annual renewal requirement of five landings consisting of at least 100 pounds each landing. There are 10 permits for harvest using octopus pots only;
(F) Marine snails (various species) fishery has a qualifying and annual renewal requirement of five landings consisting of at least 100 pounds each landing. There are 10 permits for subtidal harvest only;
(G) Flat abalone (Haliotis walallensis) fishery has a single permit authorized, a 3,000 pound annual quota limit, an annual renewal requirement of 10 landings of at least 20 pounds each landing, a 4-1/2 inch minimum size, year-round season, taken from nonintertidal areas with an abalone iron, and such additional permit conditions as the Director deems appropriate as required by OAR 635-006-0870 and 635-006-0880.
(2) The Developmental Fisheries Species List, Category "B," is as follows:
(a) FISH:
(A) Salmon shark (Lamna ditropis);
(B) Carp (Cyprinus carpio);
(C) Black hagfish (Eptatretus deani);
(D) Yellow perch (Perca flavescens);
(E) Eelpouts (family Zoarcidae);
(F) Brown bullhead (Ameiurus nebulosus);
(G) Skilfish (Erilepis zonifer);
(H) Northern squawfish (Ptychocheilus oregonensis);
(I) Pacific saury (Cololabis saira);
(J) Pacific sandfish (Trichodon trichodon);
(K) Eulachon (Thaleichthys pacificus), whitebait smelt (Allosmerus elongatus), night smelt (Spirinchus starksi), longfin smelt (Spirinchus thaleichthys) and surf smelt (Hypomesus pretiosus);
(L) Pacific pomfret (Brama japonica);
(M) Slender sole (Eopsetta exilis).
(b) INVERTEBRATES:
(A) Pacific sand crab (Emerita analoga);
(B) Freshwater mussels (families Margaritifera, Anodonta, Gonidea, and Corbicula);
(C) Ocean cockle clams (Clinocardium nuttallii);
(D) California market squid (Loligo opalescens) and other squid (several species);
(E) Fragile urchin (Allocentrotus fragilis);
(F) Sea cucumber (Parastichopus spp.).
(3) The Developmental Fisheries Species List, Category "C," is as follows:
(a) FISH:
(A) Spiny dogfish (Squalus acanthias);
(B) Soupfin shark (Galeorhinus zyopterus);
(C) Skate (family Rajidae);
(D) American shad (Alosa sapidissima);
(E) Pacific cod (Gadus macrocephalus);
(F) Pacific flatnose (Antimora microlepis);
(G) Pacific grenadier (Coryphaenoides acrolepis);
(H) Jack mackerel (Trachurus symmetricus);
(I) Chub (Pacific) mackerel (Scomber japonicus);
(J) Greenstriped rockfish (Sebastes elongatus);
(K) Redstripe rockfish (Sebastes proriger);
(L) Shortbelly rockfish (Sebastes jordani);
(M) Sharpchin rockfish (Sebastes zacentrus);
(N) Splitnose rockfish (Sebastes diploproa);
(O) Pacific sanddab (Citharichthys sordidus);
(P) Butter sole (Pleuronectes isolepis);
(Q) English sole (Pleuronectes vetulus);
(R) Rex sole (Errex zechirus);
(S) Rock sole (Pleuronectes bilineatus);
(T) Sand sole (Psettichthys melanostictus);
(U) Curlfin (lemon) sole (Pleuronichthys decurrens);
(V) Spotted ratfish (Hydrolagus colliei);
(W) Wolf-eel (Anarrhichthys ocellatus);
(X) Walleye pollock (Theragra chalcogramma).
(b) INVERTEBRATES:
(A) Red rock crab (Cancer productus);
(B) Purple sea urchins (Strongylocentrotus purpuratus);
(C) Crayfish (Pacifastacus leniusculus).
Stat. Auth.: ORS 506.109 & 506.119
Stats. Implemented: ORS 506.129, 506.450, 506.455, 506.460 & 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94; FWC 87-1995, f. 11-17-95, cert. ef. 11-20-95; FWC 1-1997, f. & cert. ef. 1-16-97; FWC 18-1997(Temp), f. & cert. ef. 3-18-97; FWC 34-1997, f. 6-11-97, cert. ef. 6-15-97; DFW 3-1998, f. & cert. ef. 1-12-98; DFW 17-1998(Temp), f. & cert. ef. 3-6-98 thru 7-31-98; DFW 93-1998, f. & cert. ef. 11-25-98; DFW 85-1999, f. & cert. ef. 11-1-99, DFW 89-1999, f. & cert. ef. 11-15-99; DFW 76-2000, f. 11-21-00, cert. ef. 1-1-01; DFW 30-2001, f. & cert. ef. 5-4-01; DFW 119-2001, f. & cert. ef. 12-24-01; DFW 116-2002, f. & cert. ef. 10-21-02; DFW 117-2002, f. & cert. ef. 10-21-02; DFW 135-2002, f. 12-23-02, cert. ef. 1-1-03; DFW 25-2003, f. & cert. ef. 3-26-03; DFW 41-2003(Temp), f. & cert. ef. 5-12-03 thru 6-21-03; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 128-2003, f. 12-15-03, cert. ef. 1-1-04; DFW 24-2004, f. & cert. ef. 3-23-04; DFW 121-2004, f. 12-13-04, cert. ef. 12-15-04; DFW 67-2005(Temp), f. 7-5-05, cert. ef. 7-6-05 thru 12-31-05: DFW 122-2005(Temp), f. & cert. ef. 10-18-05 thru 11-30-05; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06
635-006-0870
Methods to Obtain Information
For each species in category "A," the Department shall establish a program to collect needed biological and fishery information.
(1) For species with a lack of sufficient biological and other information to meet the requirement of Statewide Planning Goal 19 and other applicable laws or rules, the program shall focus on obtaining information in order to evaluate the short- and long-term impacts of harvesting the species on ocean resources, including habitats, and determine long-term sustainability of the resource.
(2) As the level of biological information increases, the program will include obtaining biological and fishery information in order to determine optimum yield and effort levels, and developing a long-term management plan.
(3) Program designs and information collected will vary from fishery to fishery and may include, but is not limited to:
(a) A list of needed information;
(b) specific study objectives;
(c) Description of study methods;
(d) Methods of reporting and analyzing data;
(e) Literature search for existing information;
(f) Samples of landed commercial harvest;
(g) Observations of fishing methods and results;
(h) Direct research projects; and
(i) Examination of logbook information.
Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94
635-006-0880
Establish Commercial Harvest Program and Limited Entry System
In consultation with the Board, the Commission shall specify the number, qualifications, and conditions of use and renewal of developmental fisheries permits for species in category "A".
(1) In determining the number, qualifications, conditions of use and renewal of developmental fisheries permits, the Commission shall consider:
(a) The level of available biological information to scale the numbers of permits and conditions of use to minimize risk of overfishing and habitat disruption while a fishery is developing. When there is a lack of sufficient biological and other information for a fishery to meet the standards of Statewide Planning Goal 19 and other applicable laws or rules, the numbers of permits and conditions of use will be conservative in order to minimize the disturbance or disruption to other marine resources, including habitats, while obtaining needed information to determine long-term sustainability of the resource. As the level of biological information increases, the number of permits and conditions of use may become more liberal in order to determine optimum levels of yield and effort and to develop a long-term management plan;
(b) The availability of Department staff and/or other recognized resources to conduct necessary research and monitoring of landings;
(c) Diversity of small and large boat interests and fishing methods;
(d) The need to prevent excessive gear conflicts, and waste or damage to the environment; and
(e) The number of permits needed for market development.
(2) The Commission shall establish a minimum level of effort needed for renewal of Developmental Fisheries Species Permits.
(3) The Director may establish other permit stipulations as needed for each fishery which may include, but is not limited to, gear and area restrictions, limits of incidental catch, and sampling and observation requirements.
Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94
635-006-0890
Logbooks
The Department shall provide a logbook to each individual or vessel permitted to harvest developmental fishery species. Each individual or vessel skipper is responsible for maintaining the logbook in accordance with the instructions contained therein and shall, upon request of an authorized representative of the Department, permit examination and transcription of information from such logbook. Information so received by the Department shall be treated as confidential to the extent allowable under Oregon Law.
Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94
635-006-0900
Requirement for Developmental Fisheries Species Permit
(1) Effective January 1, 1995, except as provided in section (2) of this rule:
(a) It is unlawful to take or attempt to take food fish defined as a Developmental Fisheries Species for commercial purposes without first obtaining a permit issued pursuant to OAR 635-006-0910;
(b) It is unlawful for a wholesaler, canner, or buyer to buy or receive food fish defined as developmental fisheries species from a person or vessel for which the permit required in section (1)(a) of this rule has not been issued.
(2) The permit required by section (1) of this rule is not needed for developmental fisheries species taken as incidental catch allowed under State or Federal Regulations or taken for documented live display purposes by licensed wholesale fish dealers or fish bait dealers.
(3) The permit required by section (1) of this rule is not needed for nearshore fishery species provided nearshore species comprise less than 25 percent of the total landed catch or 15 pounds whichever is less.
(4) The permit required by section (1) of this rule is in addition to and not in lieu of the commercial fishing and boat license required by ORS 508.235 and 508.260.
Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450, ORS 506.455 & ORS 506.465
Stats. Implemented: ORS 506.129
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94; DFW 117-2002, f. & cert. ef. 10-21-02
635-006-0910
Procedures for Issuance, Transfer and Renewal of Developmental Fisheries Species Permits
(1) Applications:
(a) An applicant for a permit must submit a complete application in writing accompanied by an annual fee of $75. The application shall include the species of fish to be taken, the method and gear proposed to be used, and the area from which the Developmental Fisheries Species are to be taken, the vessel operator, and other information as the Department may require;
(b) Except as listed below, complete applications must be received postmarked or date-stamped by January 1 of the year of issue for new species added to the developmental fishery list in OAR 635-006-0850, and thereafter by the annual filing date of February 1 of the year of issue.
(A) Applications for box crab permits must be postmarked or date-stamped by January 1 of the year of issue; and
(B) Applications for new hagfish permits will be accepted on a first-come, first-serve basis.
(c) An application shall be considered complete if it is legible, has all information requested on the form, and is accompanied by the required fee in full. Any application which is not complete shall be returned and, unless it is thereafter resubmitted and deemed complete by the filing date, the individual shall not be considered to have applied in a timely manner;
(d) Before applying for a permit, an applicant must first have obtained the appropriate vessel license (or individual license if permit is issued to individual) for the year the permit will be issued.
(e) Applications for new hagfish permits must include a business plan. The plan format is provided by ODFW. The business plan may include, but is not limited to, a description of vessels and gear currently owned or expected to purchase, identification of the market, and a letter of intent to buy from a processor.
(f) The vessel operator designated in subsection (a) above may change up to twice a year, with at least three work days' notice by the permit holder to ODFW, Newport office.
(2) Number of permits allowed:
(a) An individual shall not submit more than one application, per vessel (or per person for individual permits), for each developmental fishery species gear category;
(b) A permit holder who holds a valid developmental fisheries permit may not apply for any additional permits for the same vessel (or person for an individual permit) and species gear category unless the Department proposes to deny that permit;
(c) If a permit holder who holds a permit at issue either before the Commission or a court of law, is awarded another permit for the same species gear category through the lottery and thereafter prevails before the Commission or in court, the permit holder shall immediately surrender one of the permits to any Department office, so that only one valid permit per species gear category is held.
(3) Issuance of permits:
(a) Except for new hagfish permits, if the number of applications received by the filing date is less than the number of permits available, all applicants who have submitted complete applications shall be issued a permit within 14 days of the filing date.
(A) Any remaining permits shall be issued on a first-come, first-served basis, within 14 days of receipt of each completed application, until the maximum number of permits is issued. Priority shall be based on postmark or date-stamped date;
(B) The names of applicants who did not receive a permit shall be placed on an alternates list, in the order they are received, until the next annual filing date. Applicants whose names are placed on the alternates list shall be refunded their permit fee minus a $10 application fee. Permits which become available before the end of the year shall be made available to the alternates list, in the order listed. The applicant shall be notified of an available permit and shall resubmit a complete application and permit fee within 30 days of the date the notification is mailed. The permit shall be issued within 14 days of receipt of the resubmitted application and fee. If an alternate fails to apply, he shall forfeit the permit and the permit shall then be made available to the next name on the alternates list.
(b) Except for new hagfish permits, if the number of applications received by the filing date is greater than the number of permits available, the Department shall determine first how many applications there are with preference points as accrued under OAR 635-006-0915, except for new species that have qualification restrictions set forth in OAR 635-006-0850. Evidence of landings must be supplied by the applicant and submitted with the application.
(A) If the number of these applicants does not exceed the number of permits, they shall be given all available permits and any remaining applicants shall be placed in a lottery;
(B) If the number of applicants who have preference points exceeds the number of permits, then these applicants only shall be placed in a lottery, and grouped by the number of preference points they have accrued for each species gear category. Applicants with the highest number of preference points for each species gear category will be drawn first. Applicants having the highest number of preference points per species gear category will be drawn next. This permit issuance process will continue through descending numbers of preference points until all the available permits have been issued, unless all qualified applicants with preference points have been issued permits prior to that point. Permits shall be issued within 14 days of the lottery;
(C) In addition, remaining applicants (who do not have preference points) shall be placed in a lottery and their names shall be drawn;
(D) The Department then shall prepare an alternates list, in which applicants who have preference points are listed first (in the order drawn), and thereafter remaining applicants are listed, in the order in which they were drawn. All applicants whose names are placed on the alternates list shall be refunded their permit fee minus a $10 application fee. Any permits available before the end of the year shall be made available to the first name on the alternates list. The applicant shall be notified of an available permit and shall resubmit a complete application and permit fee within 30 days of the date the notification is mailed. The permit shall be issued within 14 days of receipt of the resubmitted application and fee. If an alternate fails to apply for the lottery permit within 30 days, he shall forfeit such permit and the permit shall then bemade available to the next name on the alternates list. (continued)