justicedao/ipfs_state_laws huggingface dataset:
635-004-0330 Transferability of Permits (1) Any transfer of a permit away from a vessel without the written consent of each person holding a security interest in such vessel is void. (2) Black Rockfish / Blue Rockfish / Nearshore Fishery Permit holders may transfer a permit pursuant to ORS 508.957. (3) To be eligible for transfer, the vessel operating under a Black Rockfish / Blue Rockfish / Nearshore Fishery Permit with a Nearshore Endorsement must have made, in the previous calendar year, a minimum of five landings that contained at least 15 pounds of any combination of black rockfish, blue rockfish or nearshore fish in each landing. (4) In the event a buyer fails to complete a purchase agreement for a vessel permit, the seller is eligible for a temporary transfer of the vessel permit back to the seller, if a preliminary injunction is issued by a circuit court requiring the State Department of Fish and Wildlife to allow the seller to continue to operate a vessel in the fishery during the pendency of the proceeding. An order granting a preliminary injunction under this section must include a finding that allowing the seller to continue to operate a vessel in the fishery will not cause excessive harvest pressure on the fishery resource. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 508.957 History: DFW 155-2020, amend filed 12/22/2020, effective 01/01/2021 DFW 150-2017, amend filed 12/12/2017, effective 01/01/2018 DFW 148-2016, f. 12-7-16, cert. ef. 1-1-17 DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
635-004-0335 Logbook Required (1) The Department shall make available a logbook to each vessel owner that has a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit. (2) Each vessel owner 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 owner shall permit examination and transcription of such logbook. (4) Upon request of an authorized representative of the Department, the vessel owner 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 & 508.953 History: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
635-004-0340 Fishing Gear (1) Except as provided in OAR 635-004-0360, it is unlawful to take Black Rockfish/Blue Rockfish/Nearshore Fishery species by any means other than: (a) Hook-and-line gear; or (b) Pot gear may be used if a Developmental Fisheries Permit for nearshore species using pot gear was issued in 2003. Pot gear shall be limited to a maximum of 35 pots. (2) It is unlawful to take black rockfish, blue rockfish, deacon rockfish, or nearshore species using dive 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 3-2016, f. & cert. ef. 1-19-16 Renumbered from 635-004-0165, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 112-2003, f. & cert. ef. 11-14-03
635-004-0345 Length Limits The minimum length limit for rockfish, greenling, and cabezon taken for commercial purposes by means of non-trawl fishing gear is 12 inches for grass, China, copper, and quillback rockfish and greenling, and 16 inches for cabezon. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: Renumbered from 635-004-0021, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 117-2002, f. & cert. ef. 10-21-02 DFW 97-1999, f. 12-27-99, cert. ef. 1-1-00
635-004-0350 Harvest Guidelines and Landing Caps (1) Upon attainment of a harvest guideline in the Black Rockfish / Blue Rockfish / Nearshore Fishery, the Department shall initiate consultation to determine if additional regulatory actions are necessary to achieve management objectives. (2) The following commercial harvest guidelines include the combined landings and other fishery related mortality by all Oregon commercial fisheries in a single calendar year: (a) Black rockfish: 84.1 metric tons; (b) Blue rockfish and deacon rockfish combined: 14.4 metric tons; (c) Other Nearshore Rockfish combined: 15.0 metric tons; (d) Cabezon: 30.5 metric tons; and (e) Greenling: 95.3 metric tons. Statutory/Other Authority: ORS 506.119 Statutes/Other Implemented: ORS 506.109 & ORS 506.129 History: DFW 130-2025, amend filed 12/31/2025, effective 01/01/2026 DFW 109-2024, amend filed 12/30/2024, effective 01/01/2025 DFW 120-2023, amend filed 12/27/2023, effective 01/01/2024 DFW 156-2022, amend filed 12/20/2022, effective 01/01/2023 DFW 177-2021, amend filed 12/20/2021, effective 01/01/2022 DFW 155-2020, amend filed 12/22/2020, effective 01/01/2021 DFW 172-2019, amend filed 12/10/2019, effective 01/01/2020 DFW 180-2018, amend filed 12/12/2018, effective 01/01/2019 DFW 151-2017, amend filed 12/15/2017, effective 01/01/2018 DFW 148-2016, f. 12-7-16, cert. ef. 1-1-17 DFW 3-2016, f. & cert. ef. 1-19-16 DFW 4-2015, f. 1-13-15, cert. ef. 1-15-15 DFW 136-2013, f. 12-19-13, cert. ef. 1-1-14 DFW 151-2012, f. 12-27-12, cert. ef. 1-1-13 DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
635-004-0365 Black Rockfish Management Areas (1) Black Rockfish Management Areas are defined as: (a) Tillamook Head (45°56'45" N latitude) to Cape Lookout (45°20'15" N latitude); (b) Cascade Head (45°03'50" N latitude) to Cape Perpetua (44°18' N latitude); (c) From a point (43°30' N latitude), approximately 8 1/2 nautical miles north of the Coos Bay north jetty, to a point (43°03' N latitude) adjacent to the mouth of Fourmile Creek; and (d) Mack Arch (42°13'40" N latitude) to the Oregon-California border (42°00' N latitude). (2) Effective January 1, 2026, there is no daily trip limit for the amount of black rockfish that may be taken, retained, or possessed when any fishing occurs within a Black Rockfish Management Area on a fishing trip. Vessels may land up to the bi-monthly cumulative trip limit for black rockfish described in OAR 635-004-0355 from a single fishing trip. Statutory/Other Authority: ORS 506.119 Statutes/Other Implemented: ORS 506.109 & ORS 506.129 History: DFW 133-2025, amend filed 12/31/2025, effective 01/01/2026 DFW 55-2023, amend filed 06/27/2023, effective 06/27/2023 DFW 177-2021, amend filed 12/20/2021, effective 01/01/2022 DFW 172-2019, amend filed 12/10/2019, effective 01/01/2020 Renumbered from 635-004-0036, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 155-2009, f. 12-28-09, cert. ef. 1-1-10 DFW 128-2003, f. 12-15-03, cert. ef. 1-1-04 DFW 117-2002, f. & cert. ef. 10-21-02
635-004-0370 Organization of Coastal Pelagic and Smelt Species Rules (1) Administrative rules contained in OAR 635-004-0375 though 635-004-0379 shall apply to all fisheries in the Coastal Pelagic and Smelt Species section, and are in addition to and not in lieu of division 004 General Regulations contained in 635-004-0200 through 635-004-0265. The Coastal Pelagic and Smelt Species Section includes regulations for the Sardine, Inland Waters Herring, Yaquina Bay Roe-Herring, Pacific Ocean Herring, Anchovy and Smelt Fisheries. (2) Market squid are managed under the Coastal Pelagic Species Fishery Management Plan and through the regulations adopted by reference in OAR 635-004-0375. However, market squid are managed as a shellfish when landed in Oregon, and are subject to regulations in the Squid Fishery Section in division 5. 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 DFW 77-2015, f. & cert. ef. 6-29-15 DFW 47-2015(Temp), f. 5-21-15, cert. ef. 5-27-15 thru 11-22-15 DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
635-004-0376 Logbook Required (1) The Department shall make available a logbook to each licensed commercial fishing vessel used to take any Coastal Pelagic Species with purse seine 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) For Coastal Pelagic Species fisheries requiring a Restricted Participation Permit, the permit holder and vessel operator are jointly responsible for complying with sections (2) through (4) of this rule. (6) 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 & 508.765 History: DFW 77-2015, f. & cert. ef. 6-29-15 DFW 47-2015(Temp), f. 5-21-15, cert. ef. 5-27-15 thru 11-22-15
635-004-0377 Fishing Gear (1) For vessels using purse seine gear to take any coastal pelagic species except market squid, a grate must be placed over the intake of the hold of the vessel to sort out larger species of fish. None of the openings between the bars in the grate may exceed 2-3/8 inches. (2) It is unlawful for a receiving vessel to pump coastal pelagic species onboard directly from the pursed seine of a catching vessel unless fish so received make up no more than 20% of the weight of either vessel’s landing. The receiving vessel shall: (a) Have lawfully deployed purse seine gear during the current calendar year and pumped resultant catch onboard the same vessel for delivery to a port of landing or fish dealer in Oregon; (b) Possess onboard, in working order, legal seine gear capable of catching coastal pelagic species including but not limited to seine net, skiff, and pumping gear; (c) Document the vessel that made the set, any other vessel pumping fish from the pursed seine, and information on catch and location in the logbook required under OAR 635-004-0376; and (d) If the catching vessel is participating in the directed commercial sardine fishery (see OAR 635-004-0430), the receiving vessel must also hold a valid Sardine Permit pursuant to OAR 635-004-0385. 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
635-004-0378 Bycatch Restrictions For vessels using purse seine gear to take any coastal pelagic specie, 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
635-004-0379 No Reduction Fishery Allowed No more than 10%, by weight, of a coastal pelagic species 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
635-004-0380 Sardine Fishery Defined “Sardine fishery” means the commercial fishery for Pacific sardine (Sardinops sagax) 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 75-2012, f. 6-28-12, cert. ef. 7-1-12
635-004-0385 Requirement for Sardine Permit (1) It is unlawful to take, land or possess sardines from the Pacific Ocean without first obtaining a Sardine Permit issued pursuant to OAR 635-004-0390 through 635-004-0415. The Sardine Permit is not required for vessels to retain sardines as incidental catch in other fisheries. (2) It is unlawful for a wholesaler, canner or buyer to buy or receive sardines taken in the sardine fishery from a vessel for which the permit required by section (1) of this rule has not been issued. (3) The Department may issue not more than 26 permits required by section (1) of this rule. (4) A Sardine 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 vessel may hold more than one Oregon Sardine Permit at any one time. (6) Unless otherwise provided, Sardine Permits must be purchased by December 31 of the year the permit is sought for renewal. (7) Applications for Sardine 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 75-2012, f. 6-28-12, cert. ef. 7-1-12
635-004-0390 Sardine Permit Fee (1) The annual fee for a Resident Sardine Permit is $125.00 (plus a $2.00 license agent fee) for applicants. (2) The annual fee for a Nonresident Sardine Permit is $175.00 (plus a $2.00 license agent fee) for applicants. (3) A fee of $100.00 shall be charged for each transfer of participation rights under OAR 635-004-0415. 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 75-2012, f. 6-28-12, cert. ef. 7-1-12
635-004-0395 Eligibility Requirements for a Sardine Permit (1) An individual or entity is eligible to obtain a Sardine Permit required by OAR 635-004-0385: (a) If issued a Sardine Permit under the Developmental Fisheries Program in 2005; (b) Lawfully made landings of sardines into Oregon in 2003 and 2004; and (c) Lawfully landed: (A) At least 1,500 metric tons or 35 deliveries in any one year from 2000 through 2004; or (B) A total of 100 deliveries of sardines into Oregon in 2000 through 2004. (2) If the number of permits issued under section (1) of this rule is less than 20, enough permits to reach a total of 20 may be issued under section (3) of this rule to vessels in order of highest total number of deliveries during 2000-2004. (3) An individual or entity is eligible to obtain a Sardine Permit under section (2) of this rule if the vessel for which applications is made: (a) Was not issued a permit under section (1) of this rule; and (b) Lawfully made landings of sardines into Oregon in 2003 and 2004; and (c) Lawfully landed: (A) At least 1,500 metric tons or 35 deliveries in any one year from 2000 through 2004; or (B) A total of 100 deliveries of sardines into Oregon in 2000 through 2004. (4) In addition to those Sardine Fishery Permits previously issued by the Department in calendar year 2006, the Department shall issue a Sardine Fishery Permit to any individual or entity, if that individual or entity held a legally qualified Oregon Developmental Fisheries Permit for Sardines on August 1, 2005, provided that neither the individual or entity has been previously issued an Oregon Sardine Fishery Permit in 2006. (5) An individual or entity is eligible to obtain a Sardine Permit required by OAR 635-004-0385: (a) By renewal of the previous year’s permit as specified in OAR 635-004-0405; or (b) Through the lottery if a lottery is held in accordance with OAR 635-004-0410. (6) In making determinations regarding issuance or renewal of a Sardine 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 75-2012, f. 6-28-12, cert. ef. 7-1-12
635-004-0400 Review of Denials — Sardine Permit (1) An individual whose application for issuance, renewal or transfer of a Sardine Permit established pursuant to OAR 635-004-0385, 635-004-0405 and 635-004-0410 is denied may make written request to the Board for review of the denial. The review provided in this section 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 renewal or request to transfer a Sardine 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 Sardine Permits if the Board finds that strict adherence to these requirements were not met as a result of undue hardship as defined in OAR 635-004-0215. (3) A party, including the Department, 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 to file an exception to the proposed order. 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 Sardine Permits in such specific instances as the Board sets forth in a Letter of Delegation to the Department. (5) The sardine fishery requires a $125 non-refundable application fee for Board review. 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 75-2012, f. 6-28-12, cert. ef. 7-1-12
635-004-0405 Renewal of Sardine Permit (1) Sardine Permits may be renewed for the following year: (a) By submitting a $125.00 fee for a resident permit or a $175.00 fee for a nonresident permit (plus a $2.00 license agent fee) and a complete application to the Department date-stamped or postmarked by December 31 of the year the permit is sought for renewal; and (b) If all logbooks required under OAR 635-004-0420 were submitted. (2) An application for renewal of a Sardine 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 shall 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 shall 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 & 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 77-2015, f. & cert. ef. 6-29-15 DFW 47-2015(Temp), f. 5-21-15, cert. ef. 5-27-15 thru 11-22-15 DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
635-004-0410 Lottery for Limited Entry Sardine Permits (1) If the number of Sardine Permits issued in accordance with OAR 635-004-0385 falls below 24, the Department in the next succeeding calendar year may issue Sardine Permits by a lottery system. However, as a result of such a lottery, the total number of Sardine Permits issued may not exceed 26. (2) Each applicant for a permit lottery shall complete the application form prescribed by the Department. (3) Application for vessel permits shall only be accepted for vessels, which, in the judgment of the Department, are capable of operating the gear necessary to legally participate in the fishery. Vessels of a size or design incapable of harvesting the permitted species are not eligible for the lottery. (4) Only one application per vessel may be submitted for each permit fishery lottery. (5) Any application which is not legible, has incomplete information, or is postmarked after the deadline shall 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 History: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
635-004-0415 Transferability of Sardine Permits (1) Any transfer of a Sardine Permit away from a vessel without the written consent of each person holding a security interest in such vessel is void. (2) Sardine Permits are transferable up to two times in one calendar year. (3) Applications to transfer a Sardine Permit shall only be accepted to vessels, which in the judgment of the Department, are capable of operating the gear necessary to legally participate in the fishery. Vessels of a size or design incapable of harvesting sardines are not eligible for transfer. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
635-004-0430 Sardine Catching Vessel (1) Only a sardine catching vessel may pump fish onboard, directly from the pursed seine of another sardine catching vessel, and lawfully land that catch. (2) For the purposes of this rule, “Sardine catching vessel” means a vessel holding a valid Sardine Permit pursuant to OAR 635-004-0385 that 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. 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 DFW 77-2015, f. & cert. ef. 6-29-15 DFW 47-2015(Temp), f. 5-21-15, cert. ef. 5-27-15 thru 11-22-15 Renumbered from 635-004-0012, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 38-2009, f. & cert. ef. 4-22-09
635-004-0445 Inland Waters Herring Fishery Defined “Inland waters herring fishery” means the commercial fishery for Pacific herring (Clupea harengus pallasi) in bays and estuaries. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12