635-005-0310 Requirement for Bay Clam Dive Permit (1) It is unlawful in the bay clam dive fishery to: (a) Take, land or possess bay clams for commercial purposes, using dive gear, from subtidal areas in any Oregon estuary north of Heceta Head without first obtaining a coast-wide Bay Clam Dive Permit issued pursuant to OAR 635-005-0315 through OAR 635-005-0340. (b) Take, land or possess bay clams for commercial purposes, using dive gear, from subtidal areas in Oregon estuaries south of Heceta Head without first obtaining either a coast-wide Bay Clam Dive Permit or a south-coast Bay Clam Dive Permit issued pursuant to OAR 635-005-0315 through OAR 635-005-0340. (c) For a wholesaler dealer, canner or buyer to buy or receive bay clams taken in the bay clam dive fishery from a vessel or person not issued the permit required by subsections (1)(a) or (1)(b) of this rule. (d) To take bay clams where more than two divers operating from any one vessel were in the water at the same time or where more than three persons without Bay Clam Dive Permits, excluding persons authorized by the Department for the performance of official duties, were on board any vessel while harvesting, possessing, or transporting bay clams. (e) To take clams except under the terms and conditions specified in the permit. Permits may be issued to mechanically harvest clams in subtidal areas by means of water jet or other hand or handpowered tool. Application for such a permit must be written and include a description of the specific areas where mechanical taking is proposed and such other information as the Director shall require. Applications should be mailed to: Marine Resources Program Office, Department of Fish and Wildlife, 2040 SE Marine Science Drive, Newport, OR 97365. (2) The Department shall not issue more than ten coast-wide permits required by subsection (1)(a) of this rule and five south-coast permits required by subsection (1)(b) of this rule. (3) Permits may be issued to individuals or to vessels, designated at the beginning of the year. Designation shall not change during the year. (4) The Bay Clam Dive Permit required by section (1) of this rule is in addition to and not in lieu of either: (a) The commercial fishing license required by ORS 508.235; or (b) The commercial bait fishing license required by ORS 508.312. (5) No vessel may hold more than one Oregon Bay Clam Dive Permit at any one time. (6) If Bay Clam Dive Permits are issued on an individual basis, no individual may hold more than one Oregon Bay Clam Dive Permit at any one time. (7) Unless otherwise provided, Bay Clam Dive Permits must be purchased by January 31 of the year the permit is sought for renewal. (8) No Bay Clam Dive Permit shall be transferred without the vessel lien holder’s written permission. (9) Applications for Bay Clam Dive 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 History: DFW 164-2015, f. 12-9-15, cert. ef. 1-1-16 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12