justicedao/ipfs_state_laws huggingface dataset:
635-005-0760 Renewal of Permit — Ocean Scallop (1) Ocean Scallop Permits may be renewed the following year pursuant to ORS 508.849 and ORS 508.858. (2) An application for renewal of an Ocean Scallop 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. Statutory/Other Authority: ORS 506.119 Statutes/Other Implemented: ORS 508.840, ORS 508.849 & ORS 508.858 History: DFW 124-2025, 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 32-2013, f. & cert. ef. 5-14-13 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0765 Lottery for Limited Entry Weathervane Scallop Permits (1) If the number of Weathervane Scallop Permits issued in accordance with ORS 508.849 falls below 25, the Department in the next succeeding calendar year may issue Weathervane Scallop Permits by a lottery system pursuant to ORS 508.861. However, the total number of Weathervane Scallop Permits issued shall not exceed 25. (2) Each applicant for a permit lottery shall complete the application form prescribed by the Department. (3) Application for vessel permits shall only be accepted for vessels, which, in the judgment of the Department, are capable of operating the gear necessary to legally participate in the fishery. Vessels of a size or design incapable of harvesting the permitted species are not eligible for the lottery. (4) Only one application per vessel may be submitted for each permit fishery lottery. (5) Any application which is not legible, has incomplete information, or is postmarked after the deadline shall not be entered in the lottery. Applications for all permits will be accepted at the Salem headquarters office of the Department, and shall be postmarked or date stamped no later than March 31 of the year for which the permit is issued. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 508.861 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0770 Transferability of Weathervane Scallop Permits (1) Any transfer of a Weathervane Scallop Permit away from a vessel without the written consent of each person holding a security interest in such vessel is void. Weathervane Scallop Permit holders may transfer a permit pursuant to ORS 508.864. (2) In the event a buyer fails to complete a purchase agreement for a vessel permit, the seller is eligible for a temporary transfer of the vessel permit back to the seller, if a preliminary injunction is issued by a circuit court requiring the State Department of Fish and Wildlife to allow the seller to continue to operate a vessel in the fishery during the pendency of the proceeding. An order granting a preliminary injunction under this section must include a finding that allowing the seller to continue to operate a vessel in the fishery will not cause excessive harvest pressure on the fishery resource. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 508.864 History: DFW 150-2017, amend filed 12/12/2017, effective 01/01/2018 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0775 Logbook Required — Weathervane Scallop Fishery (1) The Department shall make available a logbook to each licensed commercial fishing vessel which holds a valid Weathervane Scallop Permit. (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, 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
635-005-0780 Closed Season — Weathervane Scallop Fishery There is no closed season on weathervane scallops taken for commercial purposes. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: Renumbered from 635-005-0170, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FC 241-1972, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0505, 635-036-0260
635-005-0785 Fishing Gear — Weathervane Scallop Fishery It is unlawful to take weathervane scallops for commercial purposes by any means other than trawl gear having 3-inch or larger mesh throughout. 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 635-005-0175, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 27-1981, f. & cert. ef. 8-14-81 FWC 24-1981(Temp), f. & cert. ef. 7-1-81 FC 241, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0510, 635-036-0265
635-005-0790 Sea Urchin and Sea Cucumber Fishery Defined “Sea urchin and sea cucumber fishery” means the commercial fisheries for red sea urchins (Mesocentrotus franciscanus), purple sea urchins (Strongylocentrotus purpuratus) and California sea cucumbers (Parastichopus californicus). Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0795 Requirement for Sea Urchin and Sea Cucumber Permit (1) It is unlawful to take, land or possess sea urchins or California sea cucumbers for commercial purposes without first obtaining a Sea Urchin and Sea Cucumber Permit issued pursuant to OAR 635-005-0800 through 635-005-0830. (2) It is unlawful for a wholesaler, canner, or buyer to buy or receive sea urchins or sea cucumbers taken in the sea urchin and sea cucumber fishery from a person for which the permit required by section (1) of this rule has not been issued. (3) A Sea Urchin and Sea Cucumber 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. (4) No individual may hold more than one Sea Urchin and Sea Cucumber Permit at any one time. (5) Unless otherwise provided, Sea Urchin and Sea Cucumber Permits must be purchased by December 31 of the year the permit is sought for renewal. (6) Applications for Sea Urchin and Sea Cucumber Permits shall be in such form and contain such information as the Department may prescribe. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129, 506.306 & 508.760 History: DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0805 Eligibility Requirements for a Sea Urchin and Sea Cucumber Permit (1) An individual licensed as a commercial fisher under ORS 508.235 is eligible to obtain a Sea Urchin and Sea Cucumber Permit required by OAR 635-005-0795: (a) By renewal of the previous year’s permit; or (b) Through the lottery if a lottery is held in accordance with OAR 635-005-0825. (2) In making determinations regarding issuance or renewal of any limited entry permit, the Department and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements Department records and such receipts, accounts, contracts and other business records of private parties as the Department or the Board considers reliable evidence of the qualifications or requirements in question. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 508.760 History: DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0810 Revocation and Refusal to Issue Sea Urchin and Sea CucumberPermits The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a Sea Urchin and Sea Cucumber 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 & 508.760 History: DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0815 Review of Denials — Sea Urchin and Sea Cucumber (1) An individual whose application for issuance, renewal or transfer of a Sea Urchin and Sea Cucumber Permit established pursuant to OAR 635-005-0795, 635-005-0820 and 635-005-0830 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 for a Sea Urchin and Sea Cucumber Permit shall be as pursuant to ORS 508.760. For the Sea Urchin and Sea Cucumber fishery, the Board may waive requirements for renewal of permits if the Board finds that strict adherence to these requirements were not met as a result of undue hardship as defined in OAR 635-005-0240. (2) The Board may delegate to the Department its authority to waive requirements for renewal of permits in all fisheries in such specific instances as the Board sets forth in a Letter of Delegation to the Department. (3) For those fisheries requiring a $125.00 application fee for Board review, the fee is non-refundable. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee. (4) 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 & 508.762 History: DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0820 Renewal of Sea Urchin and Sea Cucumber Permit (1) Sea Urchin and Sea Cucumber Permits may be renewed the following year: (a) Pursuant to ORS 508.760; and (b) If the permittee annually lawfully landed 5,000 pounds of sea urchins or 500 pounds of California sea cucumbers in Oregon. If a permittee obtained a permit later than January of the prior year (because the permit was obtained through the lottery, or as a result of the Commercial Fishery Permit Board actions or surrender of a permit by a permit holder), the permittee shall not be required to make the landing requirement by the following January. Instead, at the next renewal thereafter, the permittee shall be required to demonstrate that the landing requirement was fulfilled during the first full year (twelve-month period) in which the permit was held. (2) An application for renewal of a Sea Urchin and Sea Cucumber 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 January 31 of the year for which renewal is sought. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by January 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. Statutory/Other Authority: ORS 506.119 Statutes/Other Implemented: ORS 508.760 History: DFW 126-2025, 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 19-2016, f. 3-23-16, cert. ef. 4-1-16 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
635-005-0830 Transferability of Sea Urchin and Sea CucumberPermits (1) Any transfer of a Sea Urchin and Sea Cucumber Permit without the written consent of each person holding a security interest in such vessel is void. The following rules apply to transfer of Sea Urchin and Sea Cucumber Permits: (2) The Department shall approve the transfer of any permit to any purchaser of the permit, provided that not more than one sale or transfer of the permit occurs within that calendar year; (3) No Sea Urchin and Sea Cucumber Permit issued to an individual through the lottery after 1998 may be transferred to another individual until a cumulative total of 20,000 pounds of sea urchins, or 2,000 pounds of California sea cucumbers have been landed on commercial electronic fish tickets by the individual issued the permit through the lottery. (4) In the event a buyer fails to complete a purchase agreement for a vessel permit, the seller is eligible for a temporary transfer of the vessel permit back to the seller, if a preliminary injunction is issued by a circuit court requiring the State Department of Fish and Wildlife to allow the seller to continue to operate a vessel in the fishery during the pendency of the proceeding. An order granting a preliminary injunction under this section must include a finding that allowing the seller to continue to operate a vessel in the fishery will not cause excessive harvest pressure on the fishery resource. Statutory/Other Authority: ORS 506.119 & ORS 506.129 Statutes/Other Implemented: ORS 506.036, ORS 506.109, ORS 506.129 & ORS 508.762 History: DFW 151-2025, amend filed 12/31/2025, effective 01/01/2026 DFW 150-2017, amend filed 12/12/2017, effective 01/01/2018 DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0835 Logbook Required — Sea Urchin and Sea Cucumber Fisheries (1) The Department shall make available a logbook to each licensed commercial fisher who holds a valid Sea Urchin and Sea Cucumber Permit. (2) Each 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, the permit holder shall permit examination and transcription of information of such logbook. (4) Upon request of an authorized representative of the Department, the 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 19-2016, f. 3-23-16, cert. ef. 4-1-16 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0840 Closed Seasons and Areas — Sea Urchin and Sea Cucumber Fisheries It is unlawful for commercial purposes to take, land or possess sea urchins or California sea cucumbers: (1) Which have been taken in water depths shallower than ten feet below mean lower low water. (2) Within the following areas: (a) From Orford Reef, described as the area encompassed by parallels of Latitude 42°46'N and 42°49'N from May 1 through October 31; (b) Within 1,000 feet of Pyramid Rock on Rogue Reef described by the area encompassed by parallels of Latitude 42°26.4'N and 42°26.9'N and by meridians of Longitude 124°28.4'W and 124°27.8'W, or within the rectangle marked by corner buoys from May 1 through August 31; or (c) The Special Regulation Marine Areas described in OAR 635-005-0260. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306 History: DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16 Renumbered from 635-005-0180, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 142-2008, f. & cert. ef. 11-21-08 FWC 96-1994, f. 12-28-94, cert. ef. 1-1-95 FWC 26-1992, f. 4-21-92, cert. ef. 4-22-92 FWC 12-1991, f. & cert. ef. 2-20-91 FWC 118-1990, f. 10-24-90, cert. ef. 10-22-90 FWC 50-1990, f. 6-15-90, cert. ef. 6-18-90 FWC 117-1989, f. 11-22-89, cert. ef. 12-1-89 FWC 85-1987, f. 10-6-87, ef. 1-1-88
635-005-0845 Prohibitions — Sea Urchin and Sea Cucumber Fisheries (1) It is unlawful for commercial purposes to take, land or possess sea urchins or California sea cucumbers: (a) Where more than two divers were in the water off any one vessel at the same time; (b) Where more than two persons without permits, excluding persons authorized by the Department for the performance of official duties, were on board any vessel while harvesting, possessing, or transporting sea urchins or California sea cucumbers; (c) Unless the vessel displays the vessel's federal document or Marine Board numbers on a weather deck so as to be visible from above. The number shall contrast with the background and be in block Arabic numerals at least 18 inches high for vessels over 65 feet in length and at least ten inches high for vessels 65 feet or less. The operator of the vessel shall keep the identifying markings clearly legible and in good repair, and shall ensure that no part of the vessel, its rigging, or its fishing gear obstructs the view of the vessel number from an enforcement vessel or aircraft. (2) For each trip, any permit holder shall clearly identify and keep separate until processed all sea urchins or California sea cucumbers taken by that permit holder. (3) Notwithstanding any other provision in these regulations, no person other than the holder of a current Sea Urchin and Sea Cucumber Permit issued by the Department is allowed to dive in the water to take sea urchins or California sea cucumbers or to otherwise assist, while submerged, in the harvest of sea urchins or California sea cucumbers. (4) Use of any gas mixture other than atomospheric air for diving is prohibited when taking sea urchins or California sea cucumbers. Tanks containing gas mixtures other than atmospheric air and capable of being used for diving may not be aboard vessels while operating under a Sea Urchin and Sea Cucumber Permit, except that tanks of oxygen may be aboard vessels for emergency use above water. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306 History: DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0850 Size and Catch Limits — Sea Urchin Fisheries Size and catch limits in the sea urchin fishery are as follows: (1) It is unlawful to take, land or possess for commercial purposes, more than 50 sea urchins (purple and red combined) per permit holder, per day, per trip between two and three and one-half inches in diameter (shell diameter — not including spines), except as provided in section (2) of this rule for purple sea urchins. There is no limit on the number of red sea urchins less than two inches or greater than three and one-half inches in shell diameter. (2) A holder of a current sea urchin permit may take more than 50 purple sea urchins between two inches and three and one-half inches in diameter, provided the permit holder obtains a Special Commercial Purple Sea Urchin Permit available at the Charleston ODFW Field Office. The Department may attach terms and conditions to any special commercial permit including, but not limited to, on-board observers, area or time limits, and preharvest dive surveys of urchin beds. Statutory/Other Authority: ORS 506.036, 506.109, 506.119, 506.129 & 508.760 Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0855 Crayfish Fishery Defined “Crayfish fishery” means the commercial fishing for crayfish species (Pacifastacus sp) in waters of this state. 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
635-005-0860 Closed Season — Crayfish Fishery It is unlawful to take crayfish for commercial purposes from November 1 of any year through March 31 of the following year. 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 635-005-0070, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88 FC 241-1972, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0365, 635-036-0225
635-005-0865 Fishing Gear — Crayfish Fishery It is unlawful to take crayfish for commercial purposes by any means other than crayfish pots or ring nets. 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 635-005-0075, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88 FC 241-1972, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0370, 635-036-0230
635-005-0870 Size Limit — Crayfish Fishery It is unlawful to take for commercial purposes crayfish which are less than 3-5/8 inches long. Crayfish will be measured from the tip of the bony spike extending between and beyond the eyes (acumen) to the distal edge of the last bony plate in the tail (telson). Any undersized crayfish taken must be immediately returned unharmed to the water. 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 635-005-0080, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88 FC 241-1972, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0375, 635-036-0235
635-005-0875 Protection of Females — Crayfish Fishery Any crayfish taken with eggs attached must be returned immediately unharmed to the water. Possession of crayfish with eggs attached is prohibited. 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 635-005-0082, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88
635-005-0880 Identification of Gear — Crayfish Fishery All vessels, traps, buoys, liveboxes, holding pens, boxes, bags, or other containers used to take, hold, or transport crayfish must be labeled with an identification number issued by the Department. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: Renumbered from 635-005-0084, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 142-2008, f. & cert. ef. 11-21-08 FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88
635-005-0885 Closed Area — Crayfish Fishery It is unlawful to take, land or possess crayfish for commercial purposes from Malheur Reservoir (Malheur County), South Twin Lake (Deschutes County), and the Williamson River (Klamath County). 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 635-005-0085, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 102-1989, f. 9-29-89, cert. ef. 10-1-89 FWC 22-1988, f. 3-21-88, cert. ef. 4-1-88 FWC 9-1986, f. 3-26-86, ef. 3-30-86 FWC 33-1984, f. 7-25-84, ef. 8-1-84
635-005-0890 Shellfish Aquaculture Fishery Defined “Shellfish aquaculture fishery” means the commercial cultivation of shellfish in waters of this state. Statutory/Other Authority: ORS 506.036, ORS 506.119, ORS 506.129 & ORS 506.109 Statutes/Other Implemented: ORS 506.129 & ORS 506.109 History: DFW 17-2022, amend filed 02/25/2022, effective 02/25/2022 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12