justicedao/ipfs_state_laws huggingface dataset:
635-005-0895 Additional License Requirement — Shellfish Sanitation Certificate It is unlawful to take, distribute or process oysters, clams, mussels and scallops intended for human consumption without first obtaining a Shellfish Sanitation Certificate issued pursuant to OAR 635-005-0255. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0900 Shellfish Import and Transfer Applications and Permit (1) It is unlawful for any person to import or transfer shellfish into or within this state for the purpose of planting or to plant the same in the waters of this state without first having applied for and obtained a permit to do so from the Director. (2) Such application shall be provided by the agency to be submitted by the applicant and shall include the following information: (a) Name of applicant; (b) Facility and water body to be imported or transported to; (c) Name and physical address or origin of transport; (d) The maximum quantity to be imported or transported; (e) Species and size to be imported or transported; and (f) A notarized certification from an approved shellfish pathologist at the time the shellfish are inspected, declaring them to the best of their knowledge free from disease, infestation pests, and other substances which might endanger shellfish in the waters of this state. (3) The Director shall issue a permit to import or transfer shellfish for planting in the waters of this state when it has been established to their satisfaction that an approved shellfish pathologist has certified them as being free of disease, infestation pests, and other substances which might endanger shellfish in the waters of this state. Statutory/Other Authority: ORS 506.036, ORS 506.119, ORS 506.129 & ORS 506.109 Statutes/Other Implemented: ORS 506.036, ORS 506.129 & ORS 506.109 History: DFW 17-2022, amend filed 02/25/2022, effective 02/25/2022 Renumbered from 635-005-0140, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 142-2008, f. & cert. ef. 11-21-08 FWC 30-1985, f. 6-27-85, cert. ef. 7-1-85, Renumbered from 625-010-0285, 635-036-0175 FC 140-1966, f. & cert. ef. 3-4-66
635-005-0905 Prohibited Activities in Restricted Shellfish Areas (1) All waters, tidelands, and shellfish aquaculture handling facilities operated in conjunction with said water and tidelands that have been identified as containing diseases, infestation pests or other substances are defined as a restricted shellfish area. (2) It is unlawful for any person to move or transfer from a restricted shellfish area any shellfish, any marine organisms or other material whatsoever adversely affecting shellfish, without first obtaining a permit from the Director. Statutory/Other Authority: ORS 506.036, ORS 506.119, ORS 506.129 & ORS 506.109 Statutes/Other Implemented: ORS 506.036, ORS 506.129 & ORS 506.109 History: DFW 17-2022, amend filed 02/25/2022, effective 02/25/2022 Renumbered from 635-005-0145, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 142-2008, f. & cert. ef. 11-21-08 FWC 30-1985, f. 6-27-85, cert. ef. 7-1-85 FC 140-1966, f. & cert. ef. 3-4-66, Renumbered from 625-010-0290, 635-036-0180
635-005-0910 Oyster Seasons and Gear It is unlawful to take oysters for either personal use or commercial purposes from natural oyster beds located on unoccupied state lands. 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 635-005-0150, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 28-1982, f. & cert. ef. 5-13-82 FC 143-1966, f. & cert. ef. 3-4-66, Renumbered from 625-010-0295, 635-036-0185
635-005-0915 Squid Fishery Defined “Squid fishery” means the commercial fisheries for squid species in the orders Myopsida, Oegopsida and Sepioidea, including, but not limited to market squid (Loligo opalescens) and Humboldt squid (Dosidicus gigas). Some squid species classified within these orders are managed as Shared Ecosystem Component Species, for which directed fishing is prohibited. See OAR 635-005-0263 and the Code of Federal Regulations, Part 660, Subpart B for regulations applicable to Shared Ecosystem Component Species. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 149-2016, f. 12-7-16, cert. ef. 1-1-17 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0920 Market Squid Fishery Market squid (Loligo opalescens) are federally managed by the Coastal Pelagic Species Fishery Management Plan, and are subject to all federal regulations adopted by reference in OAR 635-004-0375. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: Reverted to DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 59-2016(Temp), f. 5-26-16, cert. ef. 6-3-16 thru 11-29-16 Reverted to DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 47-2015(Temp), f. 5-21-15, cert. ef. 5-27-15 thru 11-22-15 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0921 Market Squid Fishery License Limitation If the Commission adopts a future license limitation measure, January 1, 2022 will be used as the control date for establishing eligibility related to past participation in the commercial market squid purse seine fishery. 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 16-2022, adopt filed 02/25/2022, effective 02/25/2022
635-005-0925 Market Squid Harvest Guideline Prior to reaching a harvest of 4.5 million pounds of squid, with not more than 3 million pounds taken north or south of Heceta Head, the Commission will hold a public hearing to evaluate the fishery. 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
635-005-0929 Closed Season From 12:01 pm Friday through 11:59 am Sunday of any week, it is unlawful to: (1) Take market squid for commercial purposes using purse seine net, dipnet, or trawl net gear; or (2) Use light to attract market squid for commercial purposes. Statutory/Other Authority: ORS 496.138, ORS 508.036, ORS 506.109, ORS 506.119 & ORS 506.129 Statutes/Other Implemented: ORS 506.109, ORS 506.129, ORS 496.162, ORS 196.540, ORS 196.542, ORS 196.545, ORS 196.550 & ORS 196.555 History: DFW 39-2021, adopt filed 04/08/2021, effective 04/09/2021
635-005-0930 Logbook Required — Squid Fishery (1) The Department shall make available a logbook to each licensed commercial fishing vessel from which any species of squid are taken, regardless of gear. (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 from 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: 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 History: DFW 22-2023, amend filed 03/17/2023, effective 03/18/2023 DFW 39-2021, amend filed 04/08/2021, effective 04/09/2021 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0931 Fishing Gear — Squid Fishery (1) For the purposes of OAR 635-005-0930 through 635-005-0922 and 635-012-0030 through 635-012-0150, “take” is defined to include attracting any squid by light. (2) It is unlawful to take market squid for commercial purposes using a purse seine net that: (a) Exceeds 1,800 feet in length; (b) Exceeds 2,600 meshes in depth, excluding chaffing strip and corkline strip; (c) Exceeds 1 ¾ inch mesh size, excluding chaffing strip and corkline strip; (d) Has a chaffing strip or a corkline strip that is more than 25 meshes wide; (e) Has purse rings or a purse ring bridle attached less than 36 inches above the lead line, except purse rings or purse ring bridles may be attached less than 36 inches above the lead line within 60 feet of each end of the net; (f) Is not pursed using a rib line that is a minimum of 36 inches above the lead line; or (g) Is pursed using a steel cable purse line. (3) It is unlawful for a vessel to pump market squid onboard directly from the pursed seine of another vessel unless squid so received make up no more than 20% of the weight of each landing and the vessel receiving squid in such manner: (a) Has lawfully deployed purse seine gear during the current year and pumped resultant catch onboard the same vessel for delivery to a port of landing or fish dealer in Oregon; (b) Possesses onboard, in working order, legal seine gear capable of catching market squid including but not limited to seine net, seine skiff, and pumping gear; and (c) Documents the vessel that made the set, any other vessel pumping squid from the pursed seine, and information on catch and location in the logbook required under OAR 635-004-0376. (4) It is unlawful to attract market squid by light displayed from a vessel, except from the same vessel that is deploying fishing gear for the take, possession, and landing of market squid so attracted or from the seine skiff of the same vessel. Statutory/Other Authority: ORS 506.119 Statutes/Other Implemented: ORS 506.129 & ORS 506.109 History: DFW 22-2023, amend filed 03/17/2023, effective 03/18/2023 DFW 65-2022, amend filed 06/17/2022, effective 06/18/2022 DFW 16-2022, amend filed 02/25/2022, effective 02/25/2022 DFW 39-2021, amend filed 04/08/2021, effective 04/09/2021 DFW 69-2016, f. & cert. ef. 6-13-16
635-005-0932 Bycatch Restrictions — Squid Fishery For vessels using purse seine gear to take market squid, all groundfish and salmon, as defined by OAR 635-004-0215, must be returned to the water immediately. Every effort must be made to dipnet salmon out of the seine net before they go through a pump system. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 69-2016, f. & cert. ef. 6-13-16
635-005-0933 No Reduction Fishery Allowed — Squid Fishery No more than 10%, by weight, of a market squid landing may be used for the purposes of conversion into fish flour, fish meal, fish scrap, fertilizer, fish oil, other fishery products or by-products for purposes other than human consumption or fishing bait. Exceptions to this limit may be granted due to unforeseen circumstances with written authorization by the Director to avoid wastage of fish. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 69-2016, f. & cert. ef. 6-13-16
635-005-0935 Octopus Fishery Defined “Octopus fishery” means the commercial fisheries for octopus species in the order Octopoda, including, but not limited to the Pacific giant octopus (Enteroctopus dofleini) and East Pacific red octopus (Octopus rubescens) in the Pacific Ocean. 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
635-005-0940 Logbook Required — Octopus Fishery (1) The Department shall make available a logbook to each licensed commercial fishing vessel from which any species of octopus are taken, regardless of gear. (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
635-006-0005 Fishing Gear Specifications and Operation It is unlawful for any individual to take or land food fish from the waters of this state or the Pacific Ocean with fishing gear which does not meet the specifications, or is not operated as provided or authorized by statute or Department of Fish and Wildlife regulations. Statutory/Other Authority: ORS 506 Statutes/Other Implemented: ORS 506 History: FWC 67-1978, f. & ef. 12-31-78, Renumbered from 635-036-0350 FC 136-1966, f. 12-20-65, cert. ef. 1-1-66, Renumbered from 625-020-0000
635-006-0010 Possession of Unlawful Fishing Gear Prohibited It is unlawful to have on board any commercial fishing boat while fishing or landing food fish, taken for commercial purposes, any fishing gear which is not authorized by statute or Department of Fish and Wildlife regulation for use in any commercial fishing or which does not conform to the specifications established for such fishing gear. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306 History: DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12 FC 136-1965, f. 12-20-65, cert. ef. 1-1-66, Renumbered from 625-020-0005, 635-036-0355, 1979
635-006-0015 Personal Use Fishing with Commercial Fishing Gear Prohibited In accordance with ORS 508.240, it is unlawful to retain any species of food fish for personal use taken while fishing under a commercial fishing license. In addition, except as the Commission by rule may provide otherwise, it is unlawful to use commercial fishing gear to take any species of food fish for personal use. Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 508.240 Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 508.240 History: FWC 113-1992, f. 10-26-92, cert. ef. 10-28-92 FC 136-1965, f. 12-20-65, cert. ef. 1-1-66, Renumbered from 625-020-0010, 1975, 635-036-0360, 1979
635-006-0020 Experimental Fishing Gear Permit (1) The Director is authorized to issue experimental fishing gear permits for the taking of food fish under the authority of ORS 508.106 provided the use of such fishing gear is not otherwise prohibited by the commercial fishing laws. (2) Application for a permit shall be in writing accompanied by a fee of $30.00 (plus a $2.00 license agent fee) and shall include the species of fish to be taken, the method to be used, and the name and location of the body of water from which the food fish are to be taken. (3) It is unlawful to use the experimental fishing gear in the waters of this state or the Pacific Ocean except under the terms and conditions specified in the permit. Statutory/Other Authority: ORS 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.119 & 506.129 History: DFW 145-2009, f. 12-9-09, cert. ef. 1-1-10 FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92 FWC 64-1978, f. & ef. 12-20-78, Renumbered from 635-036-0365 FC 203, f. 1-6-70, ef. 2-11-70, Renumbered from 625-020-0040
635-006-0100 Retail Fish Dealer License (1) No license is required of a retail fish dealer. (2) It is unlawful for a retail fish dealer to have in possession any fresh food fish or shellfish received from other than a wholesale fish dealer. Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 508 Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 508 History: FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92 FWC 104-1988, f. 12-29-88, cert. ef. 1-1-89 FC 246-1972, f. 5-5-72, cert. ef. 5-15-72, Renumbered from 625-040-0005, 1975, 635-036-0500, 1979
635-006-0105 Wholesale Fish Dealer License A wholesale fish dealer license is required to perform any of the activities defined as a “wholesale fish dealer” under OAR 635-006-0001. Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 508 Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 508 History: 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 625-040-0010, 635-036-0505, 1979
635-006-0110 Food Fish Canner License A food fish canner license is required to perform any of the activities defined as a “food fish canner” under OAR 635-006-0001. This license is in lieu of, and not in addition to, a wholesale fish dealer license. Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 508 Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 508 History: FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92 FWC 104-1988, f. 12-29-88, cert. ef. 1-1-89 FC 246, f. 5-5-72, cert. ef. 5-15-72, Renumbered from 625-040-0015, 1975, Renumbered from 635-036-0510, 1979
635-006-0115 Shellfish Canner License A shellfish canner license is required to perform the activities defined as a “shellfish canner” under OAR 635-006-0001. This license is in lieu of, and not in addition to, a wholesale fish dealer’s license. Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 508 Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 508 History: 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 625-040-0020, 1975, Renumbered from 635-036-0515, 1979
635-006-0120 Fish Buyer License A fish buyer license is required to perform the activities defined as a “fish buyer” under OAR 635-006-0001. This license is in addition to the wholesale fish dealer, fish canner, or shellfish canner’s license. Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 508 Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 508 History: 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 625-040-0025, 1975, 635-036-0520, 1979
635-006-0125 Fish-Buying Station License A fish buyer license is required at the location where the activities defined as a “fishbuying station” under OAR 635-006-0001 occurs. This license is in addition to the wholesale fish dealer, fish canner, or shellfish canner’s license. Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 508 Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 508 History: 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 625-040-0030, 1975, 635-036-0525, 1979
635-006-0130 Wholesale Fish Bait Dealer License The sale of food fish or shellfish under a wholesale fish bait dealer’s license for any other purpose than use as bait, for scientific or educational purposes, or for live public display is prohibited. Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 508 Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 508 History: 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 625-040-0030, 1975, 635-036-0530, 1979
635-006-0131 Retail Fish Bait Dealer License No license is required of a retail fish bait dealer. Statutory/Other Authority: ORS 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.119 & 506.129 History: FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92
635-006-0132 Limited Fish Sellers Permit (1) The permit referred to in ORS 508.550 shall be available to commercial fishers who hold a valid commercial fishing license, and who sell the catch off his or her own vessel, or a vessel operated by the fisher. (2) It is unlawful under this permit to sell any food fish or shellfish from a vessel which were not taken by that vessel. (3) Prior to selling food fish from their vessel, the holder of a Limited Fish Seller Permit must notify the Department of the following: (a) For all fish and shellfish onboard the vessel: (A) The estimated pounds of food fish for each species or species group, as determined by the Department; (B) The number of Columbia River sturgeon; (C) For vessels participating in the Ocean Troll Salmon Fishery, the number of each species of salmon and halibut; and (b) The location where sales are to take place. (c) All Limited Fish Sellers landing Dungeness crab must report the area of primary catch on the electronic fish ticket at the time of landing. (4) Submission of an initial electronic fish ticket prior to selling with the information required by section (3)(a) of this rule and completion of the Limited Fish Seller Permit application which identifies location from which the sales occur constitutes the required notice. Change in location of sales from that reported in the Limited Fish Seller Permit application must be reported to the Department. (5) Dressed fish must have an established dressed to round weight conversion factor. (6) After the sale of and reporting of whole or dressed food fish, a limited fish seller may conduct or allow limited processing on his/her boat (limited to loining or filleting) of food fish or any part thereof for the ultimate consumer. Statutory/Other Authority: ORS 506.119 & ORS 513.020 Statutes/Other Implemented: ORS 506.129, ORS 508.025, ORS 508.040 & ORS 508.550 History: DFW 153-2025, amend filed 12/31/2025, effective 01/01/2026 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 DFW 84-1999, f. & cert. ef. 11-1-99 DFW 38-1999, f. & cert. ef. 5-24-99 FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92 FWC 99-1987, f. & ef. 11-17-87 FWC 1-1986, f. & ef. 1-10-86
635-006-0134 Bonding Requirements In accordance with ORS 508.415 and 508.550, the minimum bond amount is $25.00 for wholesale bait dealers; $1,000.00 for wholesale fish dealers, fish canners, and shellfish canners; and $200.00 for limited fish sellers. Bond amounts are determined by a total of the landing fees due for the three highest sales months of the previous year, and may be changed at the discretion of the Department. No bond is required of non-reporting fish dealers. Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & ORS 802 Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 802 History: DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92 FWC 99-1987, f. & ef. 11-17-87 FWC 1-1986, f. & ef. 1-10-86
635-006-0135 Alteration, Borrow, or Loan License Unlawful It is unlawful for any person to alter, borrow, or loan any license issued by the Director. Statutory/Other Authority: ORS 508.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 506.306 History: DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12 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 625-040-0055, 635-036-0535
635-006-0136 License Holder Consent to Inspection It is unlawful to: (1) Refuse to present or submit to the inspection of any fishing gear, fish or parts thereof, or license(s) subject to such person’s control when requested or required by any peace officer of this state or upon the request of any authorized Department employee. By purchasing any commercial license or permit, a person consents to these inspections. (2) Interfere with a fishing gear, fish, license, animal or plant life inspection by any peace officer of this state or any authorized Department employee. Statutory/Other Authority: 506.550, 506.620 & 506.755 Statutes/Other Implemented: 506.550, 506.620 & 506.755 History: DFW 69-2016, f. & cert. ef. 6-13-16