justicedao/ipfs_state_laws huggingface dataset:
635-005-0630 Fishing Gear — Pink Shrimp Fishery (1) It is unlawful to take pink shrimp for commercial purposes by any means other than trawl net or pots. (2) It is unlawful to fish with trawl gear for pink shrimp for commercial purposes unless an approved rigid-grate bycatch reduction device is used in each net. A rigid-grate bycatch reduction device uses a rigid panel of narrowly spaced bars to guide fish out of an escape hole in front of the panel, generally in the top of the net. The panel may be hinged to facilitate rolling over a net reel. An approved rigid-grate bycatch reduction device must meet the following criteria: (a) The exterior circumference of the rigid panel must fit completely within the interior circumference of the trawl net, such that there is no space between the panel and the net that will allow a 110 mm sphere to pass beyond the panel, into the terminal area of the codend; (b) None of the openings between the bars in the rigid panel may exceed 0.75 inches. (c) The escape hole must, when spread open, expose a hole of at least 100 square inches; and (d) The escape hole must be forward of the rigid panel and must begin within four meshes of the furthest aft point of attachment of the rigid panel to the net. (3) It is unlawful to fish with trawl gear for pink shrimp for commercial purposes unless footrope lighting devices that have been approved by the Department are used in each net. A list of approved footrope lighting devices is available from the Department. Footrope lighting devices must meet the following criteria: (a) Lighting devices must be operational; (b) Lighting devices must be securely attached within 6 inches of the forward leading edge of the bottom panel of trawl netting; and (c) Each trawl net must have a minimum of five lighting devices, spaced 4 feet apart in the central 16 feet of each net. (4) All bycatch reduction devices, codends, and footrope lighting devices used for trawl fishing for pink shrimp must be readily accessible and made available for inspection at the request of an authorized agent of the state. No trawl gear may be removed from the vessel prior to offloading of shrimp. (5) It is unlawful to modify bycatch reduction devices or footrope lighting devices in any way that interferes with their ability to allow fish to escape from the trawl. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306 History: DFW 8-2018, amend filed 01/23/2018, effective 01/23/2018 Renumbered from 635-005-0190, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 158-2010, f. 12-6-10, cert.ef. 1-1-11 DFW 24-2003, f. & cert. ef. 3-26-03 DFW 56-2002(Temp), f. 5-29-02, cert. ef. 7-1-02 thru 10-31-02 DFW 63-2001(Temp), f. 7-24-01, cert. ef. 8-1-01 thru 10-31-01 DFW 31-2001, f. & cert. ef. 5-4-01 FWC 30-1985, f. 6-27-85, ef. 7-1-85 FC 241-1972, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0245, 635-036-0155
635-005-0635 Mesh Restriction It is unlawful to land shrimp taken south of the Oregon-California border with nets having a mesh size of less than 1-3/8 inches between knots. 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 635-005-0186, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 35-1995, f. 5-3-95, cert. ef. 5-5-95 FWC 34-1982, f. & ef. 6-1-82 FWC 26-1982, f. & ef. 4-30-82
635-005-0640 Incidental Catch Limit (1) It is unlawful for a commercial fishing vessel taking shrimp for commercial purposes to land an incidental catch of groundfish in excess of 500 pounds per day, multiplied by the number of days of the fishing trip, not to exceed 1,500 total pounds of groundfish for the fishing trip. (2) In addition to section (1) of this rule, the following sublimits also apply and are counted toward the daily and fishing trip limits: (a) Lingcod: 300 pounds per month; and (b) Sablefish: 2,000 pounds per month. (3) The amount of groundfish landed described in sections (1) and (2) of this rule shall not exceed the amount of pink shrimp landed on any single fishing trip. (4) It is unlawful to have on board a commercial fishing vessel taking pink shrimp for commercial purposes any canary rockfish, yelloweye rockfish, and any species of thornyhead. 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 635-005-0195, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 112-90, f. 10-3-90, cert. ef. 10-5-90 FWC 42-1983(Temp), f. 9-9-83, cert. ef. 9-10-83 FWC 41-1983(Temp), f. & cert. ef. 9-6-83 FWC 34-1983, f. & cert. ef. 8-1-83 FWC 10-1983, f. & cert. ef. 3-1-83 FC 241, f. 4-5-72, cert. ef. 4-15-72, Renumbered from 625-010-0250, 635-036-0160
635-005-0645 Maximum Count Per Pound (1) It is unlawful to possess or land pink shrimp from any one trip or landing which exceeds an average count of 160 whole shrimp per pound. This rule shall not apply to landings or possession of less than 3,000 pounds of pink shrimp. (2) To determine average count per pound when a landing exceeds 3,000 pounds of shrimp, one sample must be taken from each one thousand pounds up to a maximum requirement of 20 samples. The sampling unit shall consist of at least one pound of whole unbroken shrimp. (3) For the purpose of determining count per pound "whole shrimp" and "whole unbroken shrimp" are defined as shrimp in which the body is substantially intact, including an identifiable carapace, abdomen, and telson (tail). It is not intended to require shrimp to have an unbroken rostrum, complete set of legs, antennae, or other appendages. 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 635-005-0200, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 70-1993, f. 11-9-93, cert. ef. 11-11-93 FWC 30-1985, f. 6-27-85, ef. 7-1-85 FWC 34-1982, f. & ef. 6-1-82
635-005-0650 Spot and Coonstripe Shrimp Fishery Defined “Spot and coonstripe shrimp fisheries” means the commercial fisheries for spot shrimp (Pandalus platyceros) and coonstripe shrimp (Pandalus danae) 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
635-005-0655 Closed Season — Spot and Coonstripe Shrimp There is no closed season for the taking of spot or coonstripe shrimp. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: Renumbered from 635-005-0205, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 Reverted to FWC 30-1985, f. 6-27-85, ef. 7-1-85 DFW 113-2003(Temp), f. 11-21-03, cert. ef. 11-21-03 thru 12-31-03 FWC 30-1985, f. 6-27-85, ef. 7-1-85
635-005-0660 Fishing Gear — Spot and Coonstripe Shrimp (1) It is unlawful to take spot or coonstripe shrimp for commercial purposes by any means other than pots or traps, except spot or coonstripe shrimp may be taken incidentally by trawls legal for the taking of pink shrimp during open pink shrimp seasons or trawls legal for the taking of groundfish when the established seasons for those species are open. (2) Pots or traps used to take spot or coonstripe shrimp must comply with the following provisions: (a) Pots or traps must have entrance tunnels no smaller than 1.5 inches at the narrowest point and no larger than 3.0 inches at the widest point; (b) No triggers of any kind may be used on the inside of entrance tunnels; and (c) Pots or traps must have with at least one escape panel constructed with #21 or smaller untreated cotton in such manner than an opening of at least five inches in diameter will result when the twine deteriorates. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306 History: DFW 32-2013, f. & cert. ef. 5-14-13 Renumbered from 635-005-0210, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 15-1986, f. & ef. 5-20-86 FWC 30-1985, f. 6-27-85, ef. 7-1-85
635-005-0665 Fishing Area — Spot and Coonstripe Shrimp (1) It is unlawful to take, land or possess spot or coonstripe shrimp from areas other than the Pacific Ocean. (2) It is unlawful to land or possess spot shrimp taken from the Pacific Ocean north of the Oregon/Washington border (46°15.00' North Latitude) without the licenses and permits required to commercially fish for spot shrimp within the state waters of Washington. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306 History: DFW 32-2013, f. & cert. ef. 5-14-13 Renumbered from 635-005-0215, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 30-1985, f. 6-27-85, ef. 7-1-85
635-005-0670 Incidental Catch Limit Provisions under 635-005-0640 for the possession of incidental catch apply to the taking of spot and coonstripe shrimp. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: Renumbered from 635-005-0220, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 30-1985, f. 6-27-85, ef. 7-1-85
635-005-0675 Logbook Required — Spot and Coonstripe Shrimp (1) The Department shall make available a logbook to each licensed commercial fishing vessel used to take any of the species specified in OAR 635-005-0650. (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
635-005-0680 Brine Shrimp Fishery Defined "Brine shrimp fishery" means the commercial fishery for adult brine shrimp (Artemia spp.) from Lake Abert (Lake County). 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
635-005-0685 Requirement for Brine Shrimp Permit (1) It is unlawful to take, land or possess brine shrimp for commercial purposes without first obtaining a Brine Shrimp Permit issued pursuant to OAR 635-005-0690 through 635-005-0715. (2) It is unlawful for a wholesaler, canner, or buyer to buy or receive brine shrimp taken in the brine shrimp fishery from a person for which the permit required by this rule has not been issued. (3) The Department may issue no more than three permits required by section (1) of this rule. (4) The Brine Shrimp 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. (5) No individual may hold more than one Brine Shrimp Permit at any one time. (6) Unless otherwise provided, Brine Shrimp Permits must be purchased by January 31 of the year the permit is sought for renewal. (7) Applications for Brine Shrimp Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of a vessel may be required at the time of application. 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
635-005-0690 Brine Shrimp Permit Fee (1) The annual fee for a Brine Shrimp Permit is $100.00 (plus a $2.00 license agent fee) for both resident and nonresident applicants. (2) A fee of $100.00 shall be charged for each transfer of participation rights under OAR 635-005-0715. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 & Other SB 247 (2015) Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0695 Eligibility Requirements for a Brine Shrimp Permit (1) A commercial fisher licensed under ORS 508.235 is eligible to obtain the permit required by OAR 635-005-0685: (a) By renewal of previous year's permit; or (b) Through the lottery if a lottery is held in accordance with OAR 635-005-0710. (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 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0700 Review of Denials — Brine Shrimp (1) An individual whose application for issuance, renewal or transfer of a Brine Shrimp Permit established pursuant to OAR 635-005-0685, 635-005-0705 and 635-005-0715 is denied may make written request to the Board for review of the denial. The review provided in this subsection is in lieu of any such review by the Department or the Commission. The request shall be in such form and shall contain such information as the Board considers appropriate. (2) The Board shall review a denial of an application for issuance, renewal or request to transfer a permit according to the applicable provisions of ORS chapter 183. Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to 183.500. The Board may waive requirements for renewal of permit if the Board finds strict adherence to the requirements were not met as a result of undue hardship as defined in OAR 635-005-0240. (3) A party must petition for Board review of the hearing officer's proposed order within 30 days of service of the proposed order if the party wants the proposed order changed. A party must identify what parts of the proposed order it objects to, and refer to parts of the administrative record and legal authority supporting its position. (4) The Board may delegate to the Department its authority to waive requirements for renewal of Brine Shrimp Permits in such specific instances as the Board sets forth in a Letter of Delegation to the Department. (5) 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. 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
635-005-0705 Renewal of Permit (1) Brine Shrimp Permits may be renewed the following year: (a) By submitting to the Department a $100.00 fee (plus a $2.00 license agent fee) and a complete application date-stamped or postmarked by January 31 of the year for which renewal is sought; and (b) The permittee shall have lawfully landed 5,000 pounds of brine shrimp in Oregon in the prior year. (2) An application for renewal of a Brine Shrimp Permit shall be considered complete if it is legible, has all information requested in the form, and is accompanied by the required fee in full. 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 may 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 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 148-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 01/31/2018 Reverted to DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 134-2016(Temp), f. & cert. ef. 10-17-16 thru 12-31-16 Reverted to DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 145-2015(Temp), f. 10-19-15, cert. ef. 11-1-15 thru 2-1-16 Reverted to DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 156-2014(Temp), f. & cert. ef. 11-10-14 thru 1-31-15 Reverted to DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 131-2013(Temp), f. & cert. ef. 12-9-13 thru 6-7-14 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0710 Lottery for Limited Entry Brine Shrimp Permits (1) If the number of Brine Shrimp Permits issued in accordance with OAR 635-005-0685 falls below three, the Department in the next succeeding calendar year may issue permits by a lottery system. However, as a result of any such lottery, the total number of permits issued may not exceed three. (2) Each applicant for a permit lottery shall complete the application form prescribed by the Department. (3) Only one application per vessel may be submitted for each permit fishery lottery. (4) Any application which is not legible, has incomplete information, or is postmarked after the deadline will 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 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0715 Transferability of Brine Shrimp Permits Brine Shrimp Permits are transferable. 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
635-005-0720 Organization of Other Shellfish and Marine Invertebrate Rules The Other Shellfish and Marine Invertebrate Section includes regulations for the Weathervane Scallop, Sea Urchin, Crayfish, Oyster, Squid, Octopus and other minor shellfish and invertebrate fisheries. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0725 Weathervane Scallop Fishery Defined “Weathervane scallop fishery” means the commercial fishery for weathervane scallops (Patinopecten caurinus) 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
635-005-0730 Additional License Requirement It is unlawful to take, distribute or process oysters, clams, mussels and weathervane scallops intended for human consumption without first obtaining a Shellfish Sanitation Certificate as specified in 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
635-005-0735 Requirement for Weathervane Scallop Permit (1) It is unlawful to take, land or possess weathervane scallops without first obtaining a Weathervane Scallop Permit issued pursuant to ORS 508.840 and 508.843. (2) It is unlawful for a wholesaler, canner, or buyer to buy or receive weathervane scallops taken in the weathervane scallop fishery from a vessel for which the permit required by this rule has not been issued. (3) A Weathervane Scallop 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 vessel may hold more than one Weathervane Scallop Permit at any one time. (5) Unless otherwise provided, Weathervane Scallop Permits must be purchased by December 31 of the year the permit is sought for renewal. (6) Applications for Weathervane Scallop Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of a vessel may be required at the time of application. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129, 506.306 & 508.840 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0745 Eligibility Requirements for a Weathervane Scallop Permit (1) An individual licensed under ORS 508.235 or a commercial licensed vessel under 509.260 is eligible to obtain a Weathervane Scallop Permit required by OAR 635-005-0735: (a) By renewal of the previous year’s permit as specified in OAR 635-005-0760; or (b) Through the lottery if a lottery is held in accordance with OAR 635-005-0765. (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, 508.846 & 508.852 History: DFW 32-2013, f. & cert. ef. 5-14-13 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0750 Revocation and Refusal to Issue Weathervane Scallop Permits The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a Weathervane Scallop Permit pursuant to ORS 508.855. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 508.867 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0755 Review of Denials — Weathervane Scallop (1) An individual whose application for issuance, renewal or transfer of a Weathervane Scallop Permit established pursuant to OAR 635-005-0735, 635-005-0760 and 635-005-0770 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 Weathervane Scallop Permit shall be as pursuant to ORS 508.867. (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 & 508.867 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12