justicedao/ipfs_state_laws huggingface dataset:
635-005-0510 Fishing Gear In Bays and Estuaries In all bays and estuaries other than the Columbia river, it is unlawful for commercial purposes to: (1) Take, land or possess Dungeness crab with any gear other than crab rings. (2) Operate more than 15 individual crab rings from any one fishing vessel. (3) Possess, use, control, or operate on a vessel any crab ring which does not have: (a) A tag identifying it as belonging to that vessel. (b) A surface buoy bearing, in a visible, legible and permanent manner either the vessel documentation number issued by the U.S. Coast Guard, or, for an undocumented vessel, the vessel registration number issued by the state. 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 147-2019, amend filed 09/30/2019, effective 01/01/2020 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0515 Size and Sex of Bay and Estuary Dungeness Crab (1) It is unlawful to take, land or possess for commercial purposes: (a) Female Dungeness crab; or (b) Male Dungeness crab less than 6-1/4 inches measured the shortest distance through the body of the crab from edge of shell to edge of shell from directly in front of the tenth anterolateral spine. (2) Any undersized or female Dungeness crab taken from a bay must be released immediately unharmed into the fishing area and not brought to the dock. (3) It is unlawful to possess or transport Dungeness crab that have been mutilated prior to landing so that the size or sex cannot be determined. 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
635-005-0520 Red Rock, Box, Tanner, and other Crab Fishery Defined “Red Rock, Box, Tanner and Other Crab fisheries” means all fishing for red rock crab (Cancer productus) in Oregon estuaries and the Pacific Ocean for commercial purposes, and all fishing for box crab (Lopholithodes foraminatus) Tanner crab (Chinoecetes tanneri), Oregon hair crab (Paralomis multispina) and scarlet king crab (Lithodes couesi) in the Pacific Ocean for commercial purposes. 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
635-005-0525 Permits Required for Red Rock Crab and Box Crab (1) It is unlawful to take, land or possess red rock crab from bays and estuaries without first obtaining a Commercial Shellfish And Intertidal Animal Harvest Permit pursuant to OAR 635-005-0245 and 635-005-0250. (2) It is unlawful to take, land or possess red rock crab or box crab the Pacific Ocean without first obtaining an Ocean Dungeness Crab Permit pursuant to OAR 635-005-0405. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129, 506.306, 508.116 & 508.926 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0530 Tanner and Box Crab Taken in Trawl Nets Notwithstanding OAR 635-005-0540, the Department may issue permits to land Tanner and box crab taken as incidental catch in trawl nets outside Oregon waters. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: Renumbered from 635-005-0063, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 30-1985, f. 6-27-85, ef. 7-1-85, Renumbered from 635-005-0056 FWC 17-1982, f. & ef. 3-22-82 FWC 12-1982, f. & ef. 2-16-82
635-005-0535 Closed Season — Red Rock, Box, Tanner, and other Crab Fisheries (1) It is unlawful to take, land or possess Tanner, Oregon hair and scarlet king crab from the Pacific Ocean from November 1 until the opening of the next ocean Dungeness crab season in that area. (2) It is unlawful to retain red rock and box crab when the Dungeness crab fishery is closed pursuant to OAR 635-005-0465. (3) It is unlawful to take, land or possess red rock crab in Oregon bays or estuaries when the Dungeness crab fishery is closed pursuant to OAR 635-005-0505. 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 635-005-0064, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 149-2008, f. & cert. ef. 12-17-08 DFW 4-2008, f. & cert. ef. 1-23-08 DFW 93-1998, f. & cert. ef. 11-25-98 FWC 84-1994, f. 10-31-94, cert. ef. 12-1-94 FWC 30-1985, f. 6-27-85, ef. 7-1-85 FWC 17-1982, f. & ef. 3-22-82 FWC 12-1982, f. & ef. 2-16-82
635-005-0540 Fishing Gear — Tanner, Oregon Hair and Scarlet King Crab (1) Except as provided in OAR 635-005-0530, it is unlawful to take Tanner, Oregon hair and scarlet king crab for commercial purposes except by crab rings, crab pots, and crab pot longline gear. Crab pots and crab pot longline gear must comply with the provisions contained in OAR 635-005-0275. “Crab pot longline gear” means a stationary and buoyed groundline with one or more crab pots or traps attached, with a line attached to surface floats and is used for the taking of only Tanner, Oregon hair or scarlet king crab. (2) Except as provided in OAR 635-005-0530, it is unlawful to take red rock and box crab for commercial purposes except by crab rings and crab pots. Crab rings and crab pots must comply with the provisions contained in OAR 635-005-0480 and 635-005-0485. (a) It is unlawful to take, land or possess red rock crab for commercial purposes from any bay or estuary with any gear other than crab rings. (b) A maximum of 15 individual crab rings may be used from any one fishing vessel in any bay or estuary red rock crab fishery. (3) When fishing for Tanner, Oregon hair and scarlet king crab, all buoys must be inscribed with an annual identification buoy number issued by the Department. No other brand number is allowed on the buoy. (4) It is unlawful to possess, use, control, or operate on a vessel any crab pot, crab ring or crab longline gear which does not have a tag identifying it as belonging to that vessel. 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 635-005-0065, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 149-2008, f. & cert. ef. 12-17-08 DFW 142-2008, f. & cert. ef. 11-21-08 DFW 4-2008, f. & cert. ef. 1-23-08 FWC 84-1994, f. 10-31-94, cert. ef. 12-1-94 FWC 30-1985, f. 6-27-85, ef. 7-1-85
635-005-0545 Fishing Area — Tanner, Oregon Hair and Scarlet King Crab It is unlawful to take Tanner, Oregon hair and scarlet king crab from the Pacific Ocean shoreward of the 40 fathom contour line as defined in the Code of Federal Regulations Title 50, Section 660.71(k). 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 635-005-0066, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 4-2008, f. & cert. ef. 1-23-08 FWC 84-1994, f. 10-31-94, cert. ef. 12-1-94 FWC 30-1985, f. 6-27-85, ef. 7-1-85
635-005-0550 Size and Sex — Tanner, Oregon Hair and Scarlet King Crab There are no size or sex restrictions for the taking of red rock, box, Tanner, Oregon Hair and scarlet king crab. However, these crab shall not be mutilated before landing so that species cannot be determined. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: Renumbered from 635-005-0067, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 149-2008, f. & cert. ef. 12-17-08 FWC 30-1985, f. 6-27-85, ef. 7-1-85
635-005-0555 Incidental Catch Limits (1) All groundfish, Dungeness crab and salmon, as defined in OAR 635-005-0240, taken in any commercial Tanner, Oregon hair and scarlet king crab fishery must be returned to the water immediately. (2) All groundfish and salmon, as defined in OAR 635-005-0240, taken in any commercial red rock or box crab fishery must be returned to the water immediately. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: Renumbered from 635-005-0068, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 149-2008, f. & cert. ef. 12-17-08
635-005-0560 Tanner Crab Notification of Activity (1) All Tanner crab fishers must provide, to Department offices and processing plants on the list provided by the Marine Resources Program office in Newport, a Notice of Intent to set gear at least one week in advance of any gear being set. A Notice of Intent to set gear must include: the vessel name; general area of expected fishing activity; and dates of expected fishing activity. (2) Once fishing gear has been placed in the water, all Tanner crab fishers must provide to Department offices and processing plants on the list provided by the Marine Resources Program office in Newport, a Notice of Location of set gear within 24 hours. A Notice of Location of set gear must include: the vessel name; exact location of gear (depth and latitude/longitude or loran); and dates of intended fishing activity. If individual strings of gear are more than one mile from each other, the ends of each string must be identified. If individual strings of gear are less than one mile from each other, the block of gear may be identified. If gear is moved more than 5 miles, a new Notice of Location of set gear must be distributed. (3) If more than 5 pots are lost in any one location, a Notice of Lost Gear must be sent to the Department's Marine Resources Program office in Newport within 24 hours. A Notice of Lost Gear must include: the vessel name; a best estimate of location of lost gear (depth, latitude and longitude or loran); and the amount of gear lost. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: Renumbered from 635-005-0069, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 149-2008, f. & cert. ef. 12-17-08
635-005-0565 Logbook Required — Red Rock, Box, Tanner, and other Crab Fisheries (1) The Department shall make available a logbook to each licensed commercial fishing vessel used to take any of the species outlined in OAR 635-005-0520. (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
635-005-0570 Organization of Shrimp Fishery Rules The Shrimp Section includes regulations for the Pink Shrimp, Spot and Coonstripe Shrimp, and Brine Shrimp fisheries. 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
635-005-0575 Pink Shrimp Fishery Defined “Pink shrimp fishery” means the commercial fishery targeting smooth pink or ocean shrimp (Pandalus jordani) in the Pacific Ocean. 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
635-005-0580 Requirement for Pink Shrimp Permit (1) It is unlawful to take, land or possess pink shrimp for commercial purposes without first obtaining a Pink Shrimp Permit pursuant to ORS 508.880 and 508.883. (2) It is unlawful for a wholesaler, canner, or buyer to buy or receive pink shrimp taken in the pink shrimp fishery from a vessel for which the permit required by this rule has not been issued. (3) The Pink 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. (4) No vessel may hold more than one Pink Shrimp Permit at any one time. (5) Unless otherwise provided, Pink Shrimp Permits must be purchased by December 31 of the year the permit is sought for renewal. (6) Applications for Pink Shrimp Permits shall be in such form and contain such information as the Department may prescribe. Proof of length of 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 & 508.880 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0590 Eligibility Requirements for a Pink Shrimp Permit (1) An individual or a commercial licensed vessel under ORS 508.260 is eligible to obtain a Pink Shrimp Permit required by OAR 635-005-0580: (a) By renewal of the previous year’s permit as specified in OAR 635-005-0605; or (b) Through the lottery if a lottery is held in accordance with OAR 635-005-0610. (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 & 508.886 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0595 Revocation and Refusal to Issue Pink Shrimp Permits The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a Pink Shrimp Permit pursuant to ORS 508.898. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 508.898 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0600 Review of Denials — Pink Shrimp Permits (1) An individual whose application for issuance, renewal or transfer of a Pink Shrimp Permit established pursuant to OAR 635-005-0580, 635-005-0605 or 635-005-0615 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 Pink Shrimp Permit shall be as pursuant to ORS 508.910. (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) A $125.00 non-refundable application fee for Board review will be charged. 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 ORS 183.550. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 508.910 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0605 Renewal of Pink Shrimp Permit (1) Pink Shrimp Permits may be renewed the following year pursuant to ORS 508.892 and ORS 508.901. (2) An application for renewal of a Pink Shrimp Permit shall be considered complete if it is legible, has all information requested in the form, is accompanied by the required fee in full, and is date-stamped or postmarked by December 31 of the year the permit is sought for renewal. 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 may not be grounds for treating the application as having been filed in a timely and complete manner. Statutory/Other Authority: ORS 506.119 Statutes/Other Implemented: ORS 508.880, ORS 508.892 & ORS 508.901 History: DFW 122-2025, amend filed 12/31/2025, effective 01/01/2026 DFW 99-2025, temporary amend filed 10/07/2025, effective 10/15/2025 through 12/31/2025 DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16 DFW 32-2013, f. & cert. ef. 5-14-13 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0610 Lottery for Limited Entry Pink Shrimp Permits (1) If the number of Pink Shrimp Permits issued in accordance with ORS 508.892 falls below 150, the Department may issue Pink Shrimp Permits by a lottery system pursuant to 508.904. However, the total number of Pink Shrimp Permits issued shall not exceed 150. (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 & 506.129 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0615 Transferability of Pink Shrimp Permits (1) Any transfer of a Pink Shrimp Permit away from a vessel without the written consent of each person holding a security interest in such vessel is void. Pink Shrimp Permit holders may transfer a permit pursuant to ORS 508.907. (2) 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 & 508.907 History: DFW 150-2017, amend filed 12/12/2017, effective 01/01/2018 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0620 Logbook Required — Pink Shrimp Fishery (1) The Department shall make available a logbook to each licensed commercial fishing vessel which holds a valid Pink Shrimp Permit. (2) Each permit holder or vessel operator 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 permit holder shall permit examination and transcription of information of such logbook. (4) Upon request of an authorized representative of the Department, the permit holder 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
635-005-0625 Closed Season — Pacific Ocean Pink Shrimp Fishery (1) It is unlawful to take, land, or possess pink shrimp from the Pacific Ocean from November 1 of any year through March 31 of the following year. (2) Notwithstanding the provisions of section (1) of this rule, it is lawful to possess pink shrimp taken from the Pacific Ocean during the period November 1 of any year through March 31 of the following year, if such shrimp were taken north of 48°30' north latitude (U.S.-Canada border). 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 635-005-0185, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 94-1987(Temp), f. & cert. ef. 10-30-87 FWC 30-1985, f. 6-27-85, cert. ef. 7-1-85 FWC 19-1982, f. & cert. ef. 3-22-82 FWC 36-1981(Temp), f. & cert. ef. 9-22-81 FWC 59-1980(Temp), f. & cert. ef. 10-21-80 FWC 57-1980(Temp), f. & cert. ef. 10-3-80 FWC 34-1980(Temp), f. & cert. ef. 7-1-80 FWC 24-1980(Temp), f. & cert. ef. 5-30-80 FWC 30-1979(Temp), f. & cert. ef. 8-16-79, Renumbered from 635-036-0150 FWC 22-1979(Temp), f. 7-18-79, cert. ef. 7-19-79 FWC 50-1978, f. & cert. ef. 9-27-78 FWC 167-1977, f. & cert. ef. 10-23-77 FWC 154-1978(Temp), f. & cert. ef. 10-12-77 thru 2-8-78, Renumbered from 625-010-0240 FC 256-1972, f. 12-1-72, cert. ef. 12-15-72 FC 241-1972, f. 4-5-72, cert. ef. 4-15-72