justicedao/ipfs_state_laws huggingface dataset:
635-005-0420 Revocation and Refusal to Issue Ocean Dungeness Crab Permits The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of an Ocean Dungeness Crab Permit pursuant to ORS 508.485 and 508.490. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 113-2014, f. 8-5-14, cert. ef. 8-15-14 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0425 Review of Denials — Ocean Dungeness Crab (1) An individual whose application for issuance, renewal or transfer of an Ocean Dungeness Crab Permit established pursuant to OAR 635-005-0405, 635-005-0430 and 635-005-0440 is denied, may make written request to the Board for review of the denial. The procedure for requesting review and the applicable standard of review of denial of an Ocean Dungeness Crab Permit shall be pursuant to ORS 508.941. (2) For the ocean Dungeness crab fishery, a permit holder may request review of the Department's initial Dungeness crab gear allocation, the Department's denial of replacement of lost buoy tags, or denial of permit renewal by doing so in writing to the Commercial Fishery Permit Board. The Board may: (a) Adjust the amount of Dungeness crab gear allocated to a permit: (A) Based on additional landings documentation supplied by permit holder according to criteria under OAR 635-005-0405(5); or (B) Based on circumstances during the qualifying seasons described in OAR 635-005-0405(5), a Dungeness crab gear allocation may be increased by one tier as described under 635-005-0405(5) as a result of undue hardship as defined in 635-005-0240. (b) Approve replacement of lost buoy tags due to a catastrophic loss as defined in OAR 635-005-0240. (c) Waive the permit renewal date requirement if the Board finds that strict adherence to this requirement was not met as a result of undue hardship as defined in OAR 635-005-0240. (3) The Board may delegate to the Department its authority to waive requirements for renewal of Ocean Dungeness Crab Permits in such specific instances as the Board sets forth in a Letter of Delegation to the Department. (4) The ocean Dungeness crab fishery requires a $125.00 non-refundable application fee for Board review. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee. (5) Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to 183.550. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 508.941 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0430 Renewal of Limited Entry Ocean Dungeness Crab Permit (1) An Ocean Dungeness Crab Permit may be renewed pursuant to ORS 508.941. (2) An application for renewal of an Ocean Dungeness Crab Permit shall be considered complete if it is legible, has all information requested in the form, is accompanied by the required fee in full, and is date-stamped or postmarked by December 31 of the year the permit is sought for renewal. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by December 31 of the permit year sought, the individual shall not be considered to have applied for renewal in a timely manner. (3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application may not be grounds for treating the application as having been filed in a timely and complete manner. (4) A permit which is not renewed by December 31 lapses and shall not be renewed for subsequent years. Statutory/Other Authority: ORS 506.119 Statutes/Other Implemented: ORS 508.921, ORS 508.926 & ORS 508.941 History: DFW 120-2025, amend filed 12/31/2025, effective 01/01/2026 DFW 99-2025, temporary amend filed 10/07/2025, effective 10/15/2025 through 12/31/2025 DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16 DFW 32-2013, f. & cert. ef. 5-14-13 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0435 Lottery for Limited Entry Ocean Dungeness Crab Permits There is no lottery system for the issuance of Ocean Dungeness Crab Permits. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0445 Logbook Required — Ocean Dungeness Crab Fishery (1) The Department shall make available a logbook to each licensed commercial fishing vessel which holds a valid Ocean Dungeness Crab Permit. (2) The permit holder is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein. (3) Upon request of an authorized representative of the Department or the Oregon State Police, each permit holder shall permit examination and transcription of information of such logbook. (4) Upon request of an authorized representative of the Department, each permit holder shall surrender a legible copy of such logbook. (5) Information so received by the Department shall be considered confidential. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0450 Vessel Length Modification in Ocean Dungeness Crab Fishery No vessel holding an Ocean Dungeness Crab Permit may be modified to increase its length by more than 10 feet during any 60-month period. If a permitted vessel is modified, the owner shall promptly notify the Department and the 60-month period shall begin on the date the Department receives notification. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 508.936 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0455 License Limitation (1) In the event that a license limitation measure is adopted by the Commission, August 14, 1991, shall be used as the eligibility date for participation in the Dungeness crab fishery. (2) In the event that a license limitation measure in addition to any limitation established under section (1) of this rule is adopted by the Commission for the late season, participation in the Ocean Dungeness Crab Fishery after August 14, 2018 shall not be used to determine eligibility for participation in the late season Dungeness crab fishery. For the purposes of this rule, “late season” means all or any part of the season occurring between April 1 and August 14. Statutory/Other Authority: ORS 506.036, ORS 506.109, ORS 506.119 & ORS 506.129 Statutes/Other Implemented: ORS 506.109, ORS 506.129 & ORS 506.931 History: DFW 149-2019, amend filed 09/30/2019, effective 10/01/2019 Renumbered from 635-005-0040, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 124-1991, f. 10-23-91, cert. ef. 10-25-91
635-005-0460 Temporary rule language in effect until 08/14/2026. Harvest Areas — Dungeness Crab Fishery (1) Oregon Dungeness crab permits are valid only in Oregon state waters and the Pacific Ocean in federal waters south of an east-west line extending westward at 46º 15' 00" North Latitude (Oregon/Washington border) and north of an east-west line at 42º 00' 00" North Latitude (Oregon/California border). (2) From April 1 through August 14 it is unlawful to place, operate, or leave commercial Dungeness crab gear seaward of the 40 fathom depth contour (defined by latitude and longitude) as shown in Title 50 Code of Federal Regulations Part 660 Section 71. Any commercial Dungeness crab gear found seaward of the 40 fathom depth contour from April 21 through August 14 shall be considered derelict and may be retrieved per 635-005-0490. Statutory/Other Authority: ORS 506.036, ORS 506.119 & ORS 506.129 Statutes/Other Implemented: ORS 506.129 & ORS 506.109 History: DFW 7-2026, temporary amend filed 01/23/2026, effective 02/16/2026 through 08/14/2026 DFW 79-2023, amend filed 08/08/2023, effective 08/08/2023 DFW 131-2020, amend filed 09/25/2020, effective 09/25/2020 Renumbered from 635-005-0042, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 41-2007, f. & cert. ef. 6-8-07 DFW 129-2006(Temp), f. 12-12-06, cert. ef. 1-1-07 thru 6-29-07 DFW 117-2005, f. 10-7-05, cert. ef. 12-1-05
635-005-0466 Dungeness Crab Closure or Evisceration Requirement Based on Biotoxin Testing (1) For the purposes of this rule, unless context requires otherwise, the following definitions apply: (a) “Biotoxin management zone” means one or more harvest areas that due to test results the Oregon Department of Agriculture, in order to protect public health from domoic acid or other biotoxin concerns, has so designated in accordance with OAR 603-025-0410. (b) “Harvest area” means a section of waters of this state or the Pacific Ocean off Oregon delineated for crab traceability purposes in accordance with OAR 635-006-0201. (2) During any open commercial Dungeness crab season, if a biotoxin management zone is designated due to a single crab sample result at or above 20 parts per million (ppm) in the meat, it is unlawful to: (a) Land Dungeness crab taken for commercial purposes from or into a harvest area within a biotoxin management zone that an affected crab sample was taken from starting at 12:01 a.m. on the date of harvest of the affected sample; and (b) Land crab taken for commercial purposes from any harvest area within a biotoxin management zone where all crab samples were below 20 ppm in the meat unless the conditions set forth in OAR 603-025-0410(6) are met, starting at 12:01 a.m. on the date that test results are issued. (3) During any open commercial Dungeness crab season, it is unlawful to land Dungeness crab taken for commercial purposes from any biotoxin management zone that was so designated due to a single crab sample result at or above 30 ppm in the viscera and below 20 ppm in the meat unless the conditions set forth in OAR 603-025-0410(6) are met, starting from: (a) 12:01 a.m. on the date of harvest of the crab sample that was at or above 30 ppm in the viscera and below 20 ppm in the meat, if the landed Dungeness crab taken for commercial purposes was taken from a harvest area where such result was taken; or (b) 12:01 a.m. on the date that test results are issued, if the Dungeness crab taken for commercial purposes was not taken from a harvest area where a crab sample result was at or above 30 ppm in the viscera and below 20 ppm in the meat. (4) Unless the conditions set forth in OAR 603-025-0426 are met, it is unlawful to land crab taken for commercial purposes that: (a) Is not harvested in the waters of this state or the Pacific Ocean off Oregon; and (b) Is harvested from an area in which crab viscera samples that were tested under the authority of the responsible state agency showed domoic acid levels of 30 ppm or higher. Statutory/Other Authority: ORS 506.036, ORS 506.109, ORS 506.119 & ORS 506.129 Statutes/Other Implemented: ORS 506.109 & ORS 506.129 History: DFW 173-2021, amend filed 11/29/2021, effective 11/29/2021 DFW 23-2021, temporary amend filed 03/03/2021, effective 03/03/2021 through 08/06/2021 DFW 12-2021, temporary amend filed 02/12/2021, effective 02/12/2021 through 08/06/2021 DFW 131-2020, amend filed 09/25/2020, effective 09/25/2020 DFW 149-2019, adopt filed 09/30/2019, effective 10/01/2019
635-005-0470 Dungeness Crab Fishery Possession and Landing Limits (1) It is unlawful, from the second Monday in June through August 14, for any permitted ocean Dungeness crab vessel to take, land or possess more than 1,200 pounds of Dungeness crab per week from the Pacific Ocean and Columbia River. "Week" means the period beginning 12:01 a.m. local time Monday through 12 midnight Sunday. (2) Commercial fishers must retain copies of fish landing receipts for a minimum of 90 days on board vessels landing Dungeness crab under the cumulative catch limit described in section (1) of this rule. The receipts must be available for inspection by authorized enforcement officials and by employees of the Department. Legal landing receipts are defined in OAR 635-005-0240. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306 History: Renumbered from 635-005-0047, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 142-2008, f. & cert. ef. 11-21-08 DFW 117-2005, f. 10-7-05, cert. ef. 12-1-05 DFW 40-1999, f. & cert. ef. 5-26-99
635-005-0485 Dungeness Crab Gear Prohibitions It is unlawful for commercial purposes to: (1) Place, operate, or leave Dungeness crab gear in the Pacific Ocean, Columbia River or in any bay or estuary during the closed season, except that in only the Pacific Ocean and Columbia River, Dungeness crab gear may be placed no more than 73 hours immediately prior to the date the Dungeness crab season opens. (2) Have Dungeness crab gear deployed in the Pacific Ocean or Columbia River more than 14 days without making a landing of Dungeness crab. (3) Remove, damage, or otherwise tamper with crab buoy, pot or ring tags except: (a) When lawfully applying or removing tags on the vessel's buoys, pots or rings; or (b) When lawfully removing tags on crab gear retrieved under a Post-Season Derelict Gear Permit pursuant to OAR 635-005-0491 and after the gear has been registered by state officials. (4) Attach one crab pot or ring to another crab pot or ring by a common groundline or any other means that connects Dungeness crab gear together. (5) Take crabs for commercial purposes by crab pots from any bay or estuary except the Columbia River. (6) Take or fish for Dungeness crab for commercial purposes in the Columbia River or Pacific Ocean adjacent to the state of Oregon unless a Dungeness crab gear allocation has been issued to the permit required under OAR 635-005-0405(5). (7) Deploy or fish more Dungeness crab gear than the number of pots and rings in aggregate assigned by the Dungeness Crab Pot Allocation Certificate or to use any vessel other than the vessel designated on the Dungeness Crab Pot Allocation Certificate, except to set gear as allowed under OAR 635-005-0405. (8) Use Dungeness crab gear with more line than is reasonably necessary to compensate for tides, currents, and weather. (9) Use more surface gear than the following: (a) One main buoy, meaning the buoy closest to the crab pot or ring; (b) Two trailer buoys; (c) A distance greater than 36 feet between the front end of the main buoy to the tail end of the last trailer buoy. End marker buoys are not considered trailer buoys; and (d) One end marker buoy which shall not: (A) Extend more than three feet in length behind the last trailer buoy; or (B) Be larger than five inches in diameter. Statutory/Other Authority: ORS 506.036, 506.119 & 506.129 Statutes/Other Implemented: 506.129 & ORS 506.109 History: DFW 79-2023, amend filed 08/08/2023, effective 08/08/2023 DFW 131-2020, amend filed 09/25/2020, effective 09/25/2020 DFW 65-2020, temporary amend filed 06/04/2020, effective 07/01/2020 through 08/31/2020 DFW 95-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 08/31/2019 DFW 150-2015, f. & cert. ef. 10-29-15 Reverted to DFW 113-2014, f. 8-5-14, cert. ef. 8-15-14 DFW 157-2014(Temp), f. 11-24-14, cert. ef. 11-25-14 thru 5-23-15 DFW 113-2014, f. 8-5-14, cert. ef. 8-15-14 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0490 Derelict Dungeness Crab Gear Derelict Dungeness crab gear may be retrieved from the ocean, including the Columbia River, and transported to shore provided that: (1) The retrieving vessel holds a valid boat license, issued pursuant to ORS 508.260, and the captain and crew of that vessel hold valid commercial fishing license(s), issued pursuant to ORS 508.235. (2) The number of derelict Dungeness crab gear which may be retrieved per trip are as follows: (a) From the opening of the ocean Dungeness crab fishery in the area where retrieval takes place until the second Monday in June of the same ocean Dungeness crab season: 25 derelict pots and rings in aggregate; (b) From the second Monday in June through August 14: 50 derelict pots and rings in aggregate; (c) August 15 through October 31: an unlimited number of derelict pots and rings may be retrieved; (d) Under a waiver granted by the Department, the amount of derelict gear specified on the waiver provided that: (A) The vessel is operating under a state contract to recover derelict gear; (B) A waiver request is submitted to the Department in writing; (C) The waiver is approved and issued prior to retrieval efforts; (D) A copy of the waiver is on board the vessel during all gear recovery activities; and (E) The vessel operator complies with all terms and conditions of the waiver. (3) Upon retrieval from the ocean or Columbia River, the Dungeness crab gear must be un-baited. (4) Crab from the retrieved Dungeness crab gear shall not be retained, except crab of legal size and sex may be retained by vessels holding a valid Dungeness crab permit, from the starting date through August 14 of each Dungeness crab season. Crab shall not be retained from Dungeness crab gear that is retrieved from within the boundaries of a marine reserve under any circumstances (OAR 635-012-0050). (5) Immediately upon retrieval of Dungeness crab gear, the retrieving vessel operator must document in the retrieving vessel’s logbook the date and time of pot or ring retrieval, number of retrieved crab pots or rings in aggregate, location of retrieval, and retrieved Dungeness crab gear owner identification information. (6) Any retrieved Dungeness crab gear must be transported to shore during the same fishing trip that retrieval took place. Statutory/Other Authority: ORS 506.119 & ORS 506.129 Statutes/Other Implemented: ORS 506.129 & ORS 506.109 History: DFW 79-2024, amend filed 09/16/2024, effective 09/16/2024 DFW 36-2024, temporary amend filed 05/24/2024, effective 05/25/2024 through 08/14/2024 DFW 79-2023, amend filed 08/08/2023, effective 08/08/2023 DFW 41-2023, temporary amend filed 05/16/2023, effective 05/16/2023 through 08/14/2023 DFW 40-2022, temporary amend filed 05/03/2022, effective 05/03/2022 through 08/14/2022 DFW 131-2020, amend filed 09/25/2020, effective 09/25/2020 DFW 65-2020, temporary amend filed 06/04/2020, effective 07/01/2020 through 08/31/2020 DFW 95-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 08/31/2019 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0491 Post-season Derelict Gear Recovery Permits (1) Fifteen days after the close of ocean commercial crab season, the Department may grant Post-Season Derelict Gear Recovery Permits to commercial vessels, licensed pursuant to ORS 508.260, to recover Dungeness crab gear that remains in the ocean. (2) It is unlawful to fail to follow the provisions of a Post-Season Derelict Gear Recovery Permit. (3) The Director or Director’s designee may grant emergency exemptions from the gear recovery program for Dungeness crab gear that was unable to be removed from the ocean prior to fifteen days after the end of the season as a result of undue hardship as defined in OAR 635-005-0240. Requests for exemptions must be submitted to the Marine Resources Program, Newport by August 29 of each year. (4) The provisions of ORS 98.005, 98.015, 98.025 and 98.302 to 98.436 do not apply to crab pots removed from the ocean under the provisions of a Post-Season Derelict Gear Recovery Permit. (5) Dungeness crab gear retrieved under the authority of a Post-Season Derelict Gear Recovery Permit and not subject to emergency exemption under section (3) of this rule may be disposed of at the permit holder’s discretion after documenting retrieval of the gear in accordance with permit conditions. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306 History: DFW 150-2015, f. & cert. ef. 10-29-15 DFW 113-2014, f. 8-5-14, cert. ef. 8-15-14
635-005-0495 Size and Sex of Pacific Ocean Dungeness Crab (1) It is unlawful to take, land or possess for commercial purposes: (a) Female Dungeness crab; or (b) Male Dungeness crab less than 6-1/4 inches measured the shortest distance through the body of the crab from edge of shell to edge of shell from directly in front of the tenth anterolateral spine. (2) Any undersized or female Dungeness crab taken from the Pacific Ocean must be released within 15 minutes of capture unharmed into the Pacific Ocean at the point of capture. (3) It is unlawful to possess or transport Dungeness crab that have been mutilated prior to landing so that the size or sex cannot be determined. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306 History: Renumbered from 635-005-0060, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 102-1988, f. 11-29-88, cert. ef. 12-29-88 FWC 97-1987(Temp), f. & cert. ef. 11-17-87 FWC 78-1986(Temp), f. & cert. ef. 12-1-86 FWC 112, f. & cert. ef. 5-11-77, Renumbered from 625-010-0165, 635-036-0135 FWC 56-1976, f. & cert. ef. 4-26-76 FC 246-1972, f. 5-5-72, ef. 5-15-72
635-005-0500 Bay and Estuary Dungeness Crab Fishery Defined “Bay and Estuary Dungeness crab fishery” means all fishing for Dungeness crab (Cancer magister) for commercial purposes in Oregon bays and estuaries, except the Columbia River. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0502 Logbook Required — Bay and Estuary Dungeness Crab Fishery (1) The Department shall make available a logbook to each licensed commercial fishing vessel used to take Dungeness crab from Oregon Bays and Estuaries. (2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in accordance with the instructions contained therein. (3) Upon request of an authorized representative of the Department or the Oregon State Police, the vessel operator shall permit examination and transcription of information of such logbook. (4) Upon request of an authorized representative of the Department, the vessel operator shall surrender a legible copy of such logbook. (5) Information so received by the Department shall be considered confidential. Statutory/Other Authority: ORS 506.036, ORS 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 173-2021, adopt filed 11/29/2021, effective 11/29/2021 DFW 139-2021, temporary adopt filed 09/10/2021, effective 09/10/2021 through 12/31/2021
635-005-0505 Closed Season in Bays and Estuaries (1) For the purposes of the Bay and Estuary Dungeness Crab Fishery, the Columbia River is considered the Pacific Ocean and is closed to all commercial harvest of Dungeness crab without a valid Ocean Dungeness Crab Permit pursuant to OAR 635-005-0405 and during the times specified in 635-005-0465. (2) It is unlawful to take, land or possess Dungeness crab for commercial purposes from any bay or estuary other than the Columbia River so taken: (a) From January 1 through Labor Day; (b) During December, if the adjacent ocean area is closed as provided in 635-005-0465; (c) From midnight Friday through midnight Sunday of any week; and (d) On all legal state and federal holidays. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306 History: DFW 161-2018, temporary amend filed 10/19/2018, effective 10/19/2018 through 04/16/2019 DFW 138-2017, temporary amend filed 10/23/2017, effective 10/23/2017 through 12/31/2017 Reverted to Renumbered from 635-005-0049, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 145-2016(Temp), f. & cert. ef. 11-21-16 thru 12-31-16 Reverted to Renumbered from 635-005-0049, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 156-2015(Temp), f. & cert. ef. 11-13-15 thru 12-31-15 Renumbered from 635-005-0049, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 70-1993, f. 11-9-93, cert. ef. 11-11-93