635-005-0290 Closed Seasons and Areas It is unlawful to take for commercial purposes: (1) Gaper clams from January 1 through June 30, except under a limited entry Bay Clam Dive Permit (OAR 635- 005-0310) an incidental catch of one gaper clam per eight butter clams, or 25 pounds of gaper clams per 100 pounds of butter clams, whichever allows the greater gaper clam incidental catch. (2) Razor clams from July 15 through September 30 in the area north of Tillamook Head in Clatsop County. (3) Any clams from: (a) Little Nestucca Bay; (b) Big Nestucca Bay; (c) Netarts Bay, except cockles may be taken in an area west of and including the main channel, north of the northern boundary line for the Shellfish Preserve (Latitude 45°23.68'N), and south of Latitude 45°24.71'N, near the informational kiosk; (d) Salmon River and Bay; (e) Siletz River and Bay; or (f) All state parks south of Tillamook Head. (4) Bay clams in Tillamook Bay from the following areas or during the following times: (a) The "Ghost Hole" from the floating toilet site south to Sandstone Point and 500 feet westward from the Highway 101 shoreline; (b) The area east of a line connecting the Coast Guard tower on the north jetty, buoy marker 13, and Hobsonville Point; (c) The area above mean lower low water near Kincheloe Point; or (d) Intertidal cockles on Saturdays, Sundays, and on all legal state or federal holidays. (5) Subtidal cockle clams in Netarts Bay. (6) Subtidal bay clams in Coos Bay from the following areas: (a) In depths shallower than 10 feet from mean lower low water; or (b) The area of South Slough south of the Charleston bridge. (7) Any clams from the Shellfish Preserve in Yaquina Bay, Lincoln County, which is the tideflat on the north side of the wood piling breakwater, south of the troller's basin. The legal description is as follows: Beginning at a point 1,181.24 feet south and 430.55 feet east of the meander corner of Sections 8 and 9, T11S, R11W, W.M., said point being a flashing red beacon on the southeastern end of the U.S. Army Engineers wood piling breakwater, thence northwesterly along said breakwater to a point being a flashing white beacon on the northwestern end of said breakwater located 583.46 feet south and 2,082.62 feet west of the above meander corner, thence southeasterly along the extreme low water line of the sand pit lying on the north side of the said breakwater to the point of beginning, said tideland being 7.2 acres, more or less, at mean low water line. (8) Any clams from the Shellfish Preserve in Netarts Bay beginning from the quarter corner of Section 17, 20, T2S, R10W, thence north 10 degrees 14 feet west 200 feet to point of beginning, thence west approximately 6,250 feet to the west meander line of Netarts Bay, thence north 1,000 feet, thence east about 6,250 feet, thence south along the meander line to the point of beginning, except any privately owned tidelands within the described area are excluded from the closure. (9) Any shellfish from Special Regulation Marine Areas as described in OAR 635-005-0260. (10) Clams or mussels from a health closure area closed for biotoxins. "Health closure area" means an area closed to the public due to health risks of consuming shellfish from the area, and "Biotoxin" means naturally occurring shellfish toxins monitored by the Oregon Department of Agriculture. (11) Any shellfish taken for human consumption from an area designated as restricted by the Oregon Department of Agriculture. Fishers should call the Oregon Department of Agriculture Shellfish Safety Hotline at 1-800-448- 2474, the Oregon Department of Agriculture Food Safety Division at 1-503-986-4720 or visit the Oregon Department of Agriculture website at www.oregon.gov/ODA to confirm the area of intended harvest is open before harvesting shellfish. (12) Littleneck clams (Leukoma staminea). (13) Any subtidal clams from Yaquina Bay, except from the designated harvest area. The area is north of the navigation channel and extends eastward from the western end of the commercial boat basin breakwater. Harvest is not allowed from any areas south of the northern navigational channel boundary. Harvest is not allowed in depths shallower than 10 feet below mean lower low water. Statutory/Other Authority: ORS 506.119 & ORS 506.129 Statutes/Other Implemented: ORS 506.109 History: DFW 27-2024, amend filed 04/23/2024, effective 04/23/2024 DFW 9-2024, temporary amend filed 02/07/2024, effective 02/09/2024 through 08/06/2024 DFW 23-2023, temporary amend filed 03/27/2023, effective 03/27/2023 through 09/22/2023 DFW 36-2022, temporary amend filed 04/14/2022, effective 04/18/2022 through 09/30/2022 DFW 34-2022, amend filed 04/08/2022, effective 04/08/2022 DFW 101-2021, temporary amend filed 07/15/2021, effective 07/18/2021 through 11/05/2021 DFW 60-2021, temporary amend filed 05/06/2021, effective 05/10/2021 through 11/05/2021 DFW 112-2020, temporary amend filed 09/01/2020, effective 09/02/2020 through 12/28/2020 DFW 80-2020, temporary amend filed 07/02/2020, effective 07/02/2020 through 08/30/2020 DFW 89-2019, temporary amend filed 06/27/2019, effective 10/02/2019 through 12/28/2019 DFW 88-2019, temporary amend filed 06/27/2019, effective 07/01/2019 through 10/01/2019 DFW 166-2018, temporary amend filed 10/25/2018, effective 12/23/2018 through 02/28/2019 DFW 163-2018, temporary amend filed 10/23/2018, effective 11/01/2018 through 12/22/2018 DFW 150-2018, temporary amend filed 09/27/2018, effective 10/01/2018 through 10/31/2018 DFW 164-2015, f. 12-9-15, cert. ef. 1-1-16 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12, Renumbered from 635-005-0020 DFW 79-2011(Temp), f. 6-29-11, cert. ef. 7-3-11 thru 12-29-11 DFW 141-2010(Temp), f. 10-6-10, cert. ef. 10-7-10 thru 12-31-10 DFW 135-2010(Temp), f. 9-23-10, cert. ef. 9-27-10 thru 12-31-10 DFW 133-2008(Temp), f. 10-17-08, cert. ef. 10-18-08 thru 12-31-08 DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06 DFW 61-2002, f. & cert. ef. 6-14-02 DFW 92-1998, f. & cert. ef. 11-25-98 DFW 30-1998(Temp), f. & cert. ef. 5-6-98 thru 10-23-98 FWC 121-1992(Temp), f. & cert. ef. 11-9-92 FWC 102-1992(Temp), f. 10-1-92, cert. ef. 10-2-92 FWC 94-1992(Temp), f. 9-18-92, cert. ef. 9-19-92 FWC 39-1992(Temp), f. & cert. ef. 6-19-92 FWC 137-1991(Temp), f. 12-20-91, cert. ef. 12-23-91 FWC 30-1985, f. 6-27-85, cert. ef. 7-1-85 FC 241-1972, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0065, 1975, Renumbered from 635-036-0090, 1979