justicedao/ipfs_state_laws huggingface dataset:
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 fisher to keep any food fish or shellfish taken under such license for personal use. (4) It is unlawful for a person to participate in any commercial fishery if that person's commercial fishing license is suspended or revoked. Statutory/Other Authority: ORS 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.119 & 506.129 History: DFW 126-2009, f. & cert. ef. 10-7-09 DFW 142-2008, f. & cert. ef. 11-21-08 FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92 FC 246-1972, f. 5-5-72, cert. ef. 5-15-72, Renumbered from 625-040-0065, 635-036-0545
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 in a 12-month period 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 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. The license shall be on board the boat and available for inspection by the Oregon State Police or a representative of the Department 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 printed copy of the electronic 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. [ED. NOTE: This rule was Renumbered from 625-040-0085, Renumbered from 635-036-0550] Statutory/Other Authority: ORS 506.119 & ORS 508.260 Statutes/Other Implemented: ORS 506.036, ORS 506.129, ORS 506.109, ORS 506.306, ORS 508.025, ORS 508.035, ORS 508.235 & ORS 508.260 History: DFW 154-2025, amend filed 12/31/2025, effective 01/01/2026 DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 142-2008, f. & cert. ef. 11-21-08 DFW 128-2003, f. 12-15-03, cert. ef. 1-1-04 FWC 81-1985, f. 12-16-85, ef. 1-1-86 FC 246, f. 5-5-72, ef. 5-15-72
635-006-0155 Juvenile Jig Line License This license is issued in accordance with ORS 508.121 of the commercial fishing laws. [ED. NOTE: This rule was Renumbered from 625-040-0090, 1975; Renumbered from 635-036-0555, 1979] Statutory/Other Authority: ORS 508 Statutes/Other Implemented: ORS 508 History: FC 246, f. 5-5-72, ef. 5-15-72
635-006-0160 Bait Fishing License (1) A bait fishing license may be 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 or for use as bait in a commercial fishing operation. It is unlawful to take any food fish or shellfish under this license for human consumption purposes. (2) For the purposes authorized under section (1), a bait fishing license serves in lieu of the commercial fishing and boat licenses required under ORS 508.235 and 508.260. This license is not required for individuals already possessing a valid commercial fishing license pursuant to 508.235, provided the vessel they are operating possesses a valid commercial boat license pursuant to 508.260. [ED. NOTE: This rule was Renumbered from 625-040-0095, Renumbered from 635-036-0560] Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.119, 506.129, 506.306 & 508.312 History: DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 91-2009, f. & cert. ef. 8-10-09 FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92 FC 246, f. 5-5-72, ef. 5-15-72
635-006-0165 Commercial Fisher Transportation Report (1) It is unlawful for any commercial fisher 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 fisher or received from a commercial fisher, including his or her commercial fishing license number; (c) Name and address of the Oregon licensed Wholesale Fish Dealer or Oregon licensed Fish Bait Dealer where the food fish or shellfish are being delivered; and (d) The number of each species of food fish or shellfish, their weight or estimated weight in pounds. (2) Notwithstanding OAR 635-006-0210(2), the food fish or shellfish shall be transported to an Oregon licensed Wholesale Fish Dealer or Oregon licensed Fish Bait Dealer and reported on an electronic 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 fisher or person transporting the food fish including shellfish for a period of six months and is subject to inspection by the Director, the Director’s authorized agent, or by the Oregon State Police at any time during that period. (5) This section does not apply to: (a) 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; or (b) Vessels participating in the federal trawl rationalization program that are delivering part of their catch to licensed dealers in Washington or California. Statutory/Other Authority: ORS 506.119 & ORS 508.260 Statutes/Other Implemented: ORS 506.036, ORS 506.109, ORS 506.129, ORS 506.306, ORS 508.535, ORS 508.260, ORS 508.025 & ORS 508.235 History: DFW 155-2025, amend filed 12/31/2025, effective 01/01/2026 DFW 32-2013, f. & cert. ef. 5-14-13 DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 142-2008, f. & cert. ef. 11-21-08 DFW 38-1999, f. & cert. ef. 5-24-99 FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92 FC 246-1972, f. 5-5-72, cert. ef. 5-15-72, Renumbered from 625-040-0100, 635-036-0565
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 fisher 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 fisher, his or 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 or 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 shall be: (a) Subject to inspection by the Director, the Director's authorized agent, or the Oregon State Police; (b) 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) 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 the Department. (d) Written in the English language. Statutory/Other Authority: ORS 506.109, 506.119, 506.129, 508.406, 508.530 & 508.535 Statutes/Other Implemented: ORS 506.109, 506.119, 506.129, 508.406, 508.530 & 508.535 History: DFW 151-2012, f. 12-27-12, cert. ef. 1-1-13 DFW 142-2008, f. & cert. ef. 11-21-08 DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04 FWC 68-1994, f. 9-28-94, cert. ef. 10-1-94 FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92 FWC 28, f. 11-28-75, cert. ef. 1-1-76, Renumbered from 625-040-0125, 635-036-0570 FC 246-1972, f. 5-5-72, cert. ef. 5-15-72
635-006-0201 Required Records for Dungeness Crab Traceability (1) For the purposes of this rule, “Dungeness crab” means all Dungeness crab products whether live, cooked, or processed. (2) For all Dungeness crab received the records required by OAR 635-006-0200 shall include the following additional information: (a) Date(s) of landing; and (b) Harvest area(s) as defined by the Department. (3) All retail fish dealers, wholesale fish dealers, buyers, limited fish sellers, food fish canners, and shellfish canners shall keep a record of all Dungeness crab sold to any person or business other than the ultimate consumer. For the purposes of this rule, ultimate consumer does not include restaurants. This record shall include: (a) Date of sale; (b) Date(s) of landing; (c) Amount of pounds sold; (d) The name and phone number of the persons or businesses to whom Dungeness crab were sold; and (e) Harvest area(s) as defined by the Department. (4) Harvest areas are defined by latitudinal boundaries found on the Dungeness Crab Harvest Area Map located at http://www.dfw.state.or.us/MRP/shellfish/commercial/crab/commercial_crab_harvest_areas.asp (dated 10/15/2021), and that document is hereby incorporated into this rule by reference. (5) It is unlawful for records required by OAR 635-006-0200 to include any harvest area, individually or within a range, other than those harvest areas from which Dungeness crab were taken unless the Dungeness crab has been processed to remove the viscera. Notwithstanding the foregoing, in the event that Dungeness crab from different harvest areas are comingled and subsequently separated for repackaging, records for the repackaged Dungeness crab may include all harvest areas from which Dungeness crab were originally taken and comingled prior to the repackaging. (6) Dungeness crab taken from different harvest areas may be comingled by any entity required to keep harvest area records by section (1) or (2) of this rule as long as records from the time of comingling forward include every harvest area from which the comingled Dungeness crab were taken. (7) The records required in this rule shall be: (a) Subject to inspection by the Director, the Director's authorized agent, the Oregon Department of Agriculture, or the Oregon State Police; (b) Prepared and available at the time Dungeness crab are transferred to the premises of the buyer, regardless of whether sold or not; (c) 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 (7)(a) of this rule. Notice of the physical location is to be provided to the Department. (d) Written in the English language. Statutory/Other Authority: 506.109, 506.119, 506.129, 508.406, 508.530 & 508.535 Statutes/Other Implemented: 506.109, 506.119, 506.129, 508.406, 508.530 & 508.535 History: DFW 9-2022, amend filed 02/04/2022, effective 02/05/2022 DFW 10-2021, temporary amend filed 02/10/2021, effective 02/10/2021 through 08/06/2021 DFW 55-2018, adopt filed 05/02/2018, effective 05/29/2018 DFW 144-2017, temporary adopt filed 11/01/2017, effective 12/01/2017 through 05/29/2018
635-006-0207 Limited Fish Seller Required Reports (1) This regulation is in addition to, and not in lieu of the provisions contained in OAR 635-006-0205. (2) Every licensed Limited Fish Seller shall report all food fish or shellfish sold directly to consumers. (3) Two reports required for reporting the commercial sale and the payment of landing fees due on such catch are: (a) The State of Oregon electronic fish 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 fisher if fish are to be kept for take home 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. Statutory/Other Authority: ORS 506.119 & ORS 508.260 Statutes/Other Implemented: ORS 506.109, ORS 506.129, ORS 508.260, ORS 506.036, ORS 508.025, ORS 508.035, ORS 508.235 & ORS 506.306 History: DFW 157-2025, amend filed 12/31/2025, effective 01/01/2026 DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 142-2008, f. & cert. ef. 11-21-08 FWC 142-1991, f. 12-31-92, cert. ef. 1-1-92 FWC 99-1987, f. & ef. 11-17-87 FWC 1-1986, f. & ef. 1-10-86
635-006-0209 Sorting Required (1) It is unlawful to fail to sort into the categories listed in sections (2) and (3) of this rule, prior to the first weighing after offloading, those groundfish species or species groups for which there is a trip limit, quota, harvest guideline, harvest cap, size limit, scientific sorting designation, Optimum Yield (OY) or Annual Catch Limit (ACL). (2) Federal sorting requirements must be met for the following sectors: (a) Trawl fisheries pursuant to 660.130(d), subpart D of the Code of Federal Regulations; (b) Limited Entry Fixed Gear groundfish fisheries pursuant to 660.230(c), subpart E of the Code of Federal Regulations; and (c) Open Access Fixed Gear groundfish fisheries pursuant to 660.330(c), subpart F of the Code of Federal Regulations. (3) Nearshore species must be sorted into the following categories: (a) Black rockfish; (b) Black and Yellow rockfish; (c) Blue rockfish; (d) Brown rockfish; (e) Cabezon; (f) Calico rockfish; (g) China rockfish; (h) Copper rockfish; (i) Gopher rockfish; (j) Grass rockfish; (k) Greenling; (l) Kelp rockfish; (m) Olive rockfish; (n) Quillback rockfish; (o) Tiger rockfish; (p) Treefish; (q) Vermilion rockfish. (4) Blackspotted rockfish, rougheye rockfish, and shortraker rockfish must be sorted into the following categories: (a) Blackspotted rockfish and rougheye rockfish; (b) Shortraker rockfish. Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306 History: DFW 4-2015, f. 1-13-15, cert. ef. 1-15-15 DFW 164-2014(Temp), f. 12-15-14, cert. ef. 1-1-15 thru 1-16-15 DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12
635-006-0212 Electronic Fish Ticket — Salmon (1) This regulation is in addition to, and not in lieu of, the provisions contained in OAR 635-006-0210. (2) For Ocean Troll-caught salmon, electronic fish tickets shall show the number of each species of salmon landed, the number of halibut landed, if any, and the number of days fished during the trip in which the salmon were caught. (3) It is lawful for licensed wholesale fish dealers, canners, or buyers to purchase gilled and gutted Columbia River salmon from individuals possessing Indian treaty rights, as defined in OAR 635-041-0005, if lawfully taken during open commercial Treaty Indian fisheries. The licensed wholesale dealer must submit landed weights on the electronic fish ticket. Any gilled and gutted salmon must be reported using the appropriate condition code (60) which uses the conversion factor of 1.17 listed in OAR 635-006-0215 for Treaty Indian Fishery Columbia River salmon and steelhead trout. Statutory/Other Authority: ORS 506.119 & ORS 508.260 Statutes/Other Implemented: ORS 506.036, ORS 506.109, ORS 506.129, ORS 508.025, ORS 508.260, ORS 506.306, ORS 508.035 & ORS 508.235 History: DFW 160-2025, amend filed 12/31/2025, effective 01/01/2026 DFW 6-2019, amend filed 01/23/2019, effective 01/23/2019 DFW 71-2018, temporary amend filed 06/19/2018, effective 06/19/2018 through 12/15/2018 DFW 72-2017(Temp), f. and cert. ef. 6-14-17 thru 12-9-17 Reverted to DFW 31-2015, f. & cert. ef. 4-27-15 DFW 51-2016(Temp), f. 5-17-16, cert. ef. 5-18-16 thru 11-13-16 Reverted to DFW 31-2015, f. & cert. ef. 4-27-15 DFW 33-2015(Temp), f. 4-28-15, cert. ef. 5-1-15 thru 10-27-15 DFW 28-2015(Temp), f. 4-9-15, cert. ef. 5-1-15 thru 10-27-15 DFW 31-2015, f. & cert. ef. 4-27-15 Reverted to DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 106-2014(Temp), f. 7-30-14, cert. ef. 8-1-14 thru 12-31-14 Reverted to DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 68-2013(Temp), f. & cert. ef. 7-3-13 thru 12-30-13 Reverted to DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 83-2012(Temp), f. & cert. ef. 7-5-12 thru 12-31-12 DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12 Reverted to DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04 DFW 102-2011(Temp), f. 7-29-11, cert. ef. 8-1-11 thru 10-31-11 Reverted to DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04 DFW 47-2010(Temp), f. 4-26-10, cert. ef. 4-27-10 thru 10-23-10 Reverted to DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04 DFW 70-2009(Temp), f. 6-15-09, cert. ef. 6-16-09 thru 12-12-09 Reverted to DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04 DFW 79-2008(Temp), f. & cert. ef. 7-10-08 thru 12-31-08 Reverted to 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 DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04 DFW 63-2003, f. & cert. ef. 7-17-03 FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
635-006-0213 Electronic Fish Ticket — Limited Fish Seller Permit (1) This regulation is in addition to, and not in lieu of, the provisions contained in OAR 635-006-0210. (2) For food fish or shellfish sold under a Limited Fish Seller Permit, the Limited Fish Seller shall complete daily entries of fish sold on an electronic fish ticket. The electronic fish 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) For groundfish harvested in the limited entry fixed gear fishery, the federal limited entry fixed gear permit number associated with the landing or portion of landing; (e) Port of first landing. The port of first landing will be recorded as where a vessel initially crosses from the Pacific Ocean to inland waters, or is physically removed from the Pacific Ocean, for the purposes of ending a fishing trip; (f) Fishing gear used; (g) Species or species group of fish or shellfish sold; (h) Quantity in pounds; (i) Price received per pound; (j) Signature of the individual preparing the electronic fish ticket; (k) Name of wholesale fish dealer to whom other food fish or shellfish were sold from the same fishing trip; and (l) For Ocean Troll-caught salmon, electronic fish tickets shall show the number of each species of salmon landed, the number of halibut landed, if any, and the number of days fished during the trip in which the salmon were caught. (3) The electronic fish ticket covering fish and shellfish sold per trip shall be submitted within one working day of completing sales. Statutory/Other Authority: ORS 506.119 & ORS 508.260 Statutes/Other Implemented: ORS 506.036, ORS 506.109, ORS 506.129, ORS 508.025, ORS 508.260, ORS 506.306, ORS 508.035 & ORS 508.235 History: DFW 161-2025, amend filed 12/31/2025, effective 01/01/2026 DFW 148-2019, amend filed 09/30/2019, effective 12/01/2019 DFW 31-2015, f. & cert. ef. 4-27-15 DFW 136-2013, f. 12-19-13, cert. ef. 1-1-14 DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 142-2008, f. & cert. ef. 11-21-08 DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04 DFW 63-2003, f. & cert. ef. 7-17-03 FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
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. Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 802 Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 802 History: FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92 FWC 99-1987, f. & cert. ef. 11-17-87 FWC 1-1986, f. & cert. ef. 1-10-86 FC 246-1972, f. 5-5-72, cert. ef. 5-15-72, Renumbered from 625-040-0145, 635-036-0590
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. Notwithstanding OAR 635-006-0225, it is lawful for any wholesale fish dealer, canner, buyer or retailer to possess and sell, in Oregon, legally purchased steelhead trout or walleye taken from outside the Columbia River Basin, consistent with reporting requirements contained within 635-006-0200. Statutory/Other Authority: ORS 496.138 & 509.031 Statutes/Other Implemented: ORS 496.138 & 509.031 History: DFW 142-2008, f. & cert. ef. 11-21-08 DFW 32-2008(Temp), f. & cert. ef. 4-1-08 thru 9-27-08 FWC 41-1995, f. 5-23-95, cert.e f. 5-24-95 FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92 FWC 41-1976, f. & cert. ef. 1-23-76, Renumbered from 625-040-0155, 635-036-0600
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. Statutory/Other Authority: ORS 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 38-1999, f. & cert. ef. 5-24-99