635-004-0600 Coastal Rivers Shad Fishing Gear (1) It is unlawful to take shad for commercial purposes by any means other than: (a) Gillnets or set nets of a mesh size not less than five inches nor more than 6-1/2 inches in the Coquille and Siuslaw Rivers; (b) Gillnets having a mesh size of not less than six inches nor more than 6-3/4 inches in the Umpqua River; and (c) Gillnets or set nets of a mesh size not less than six inches nor more than 6-3/4 inches in the Smith River. (2) It is unlawful for a gillnet in whole or in part to be anchored, tied, staked, fixed, or attached to the bottom, shore, or a beached vessel; left unattended at any time it is in operation; attended by more than one vessel while being fished; or for more than one gillnet to be fished from a licensed commercial fishing vessel at any one time. (3) There shall be sufficient buoyancy in the corks and/or floats on the cork line of any gillnet so that said net shall be free to drift with the current. None of the lines used thereon shall be of metal or of any metallic substance or material. The lead or weight on the lead line of any gillnet shall not exceed two pounds in total weight on any one fathom, measurement to be taken along the cork line of said net. However, should extra or additional weight appear necessary or make practical the operation of any such net, permission to use in excess of two pounds-weight per fathom of net may be granted by the Commission to any duly licensed gillnet fisher upon written application which includes an adequate justification for the additional leads or weights of any kind attached to any part of such net except as herein provided. (4) Before a fisher may fish a set net at any one location, the fisher must first register the site by providing a written description of the site location to the Department of Fish and Wildlife, Southwest Regional Office, 4192 N. Umpqua Highway, Roseburg, OR 97470. (5) It is unlawful for a: (a) Set net or gillnet to be used which is constructed of material having a breaking strength greater than ten pounds pull on any single mesh; (b) Set net to be used which exceeds 300 feet in length; (c) Set net or any part or portion thereof to be set or operated within a distance of 150 feet from any other set net or any part or portion thereof including the monument or marker to which attached; (d) Set net to be set or operated in such a manner that the portion of the set net at right angles to the thread of the bay or river is at any time longer than one-third the measured distance across the bay or river. This distance to be measured from bank to bank at mean low water; (e) Commercial fisher to register and operate more than six set net sites at any one time; (f) Commercial fisher to fish a set net at a site which the fisher has not registered with the Department; (g) Commercial fisher to fish a set net at a site which is not clearly marked with his or her commercial fishing license number on a substantial post or monument created for that purpose on the bank of the river or upon a buoy securely anchored on the site location. (6) The size of mesh of any gillnet or set net is determined by placing any three meshes of such net, while wet from soaking in water for not less than an hour, under ten pounds vertical tension and then measuring while under such tension the distance between the inside of the knot of the middle mesh to the outside of the opposite vertical knot of the middle mesh. 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 635-004-0060, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 142-2008, f. & cert. ef. 11-21-08 FWC 50-1989, f. 7-28-89, cert. ef. 7-31-89 FWC 8-1985(Temp), f. & cert. ef. 2-19-85 FWC 77-1984, f. 11-28-84, cert. ef. 12-1-84 FWC 27-1980, f. & cert. ef. 6-23-80 FWC 91-1977, f. 2-23-77, cert. ef. 3-1-77, Renumbered from 625-010-0620, 635-036-0305 FC 287-1974, f. 11-27-74, cert. ef. 12-25-74 FC 272-1974, f. 3-20-74, cert. ef. 4-11-74 FC 241-1972, f. 4-5-72, cert. ef. 4-15-72