justicedao/ipfs_state_laws huggingface dataset:
635-010-0159 Free Daily Licenses for Veterans Effective January 1, 2021 through January 2, 2027, pursuant to ORS 497.162, a non-profit organization may request a daily license at no charge for an angling or shellfish harvest program for veterans or certain armed forces members. (1) For the purposes of this rule, unless context requires otherwise, the following definitions apply: (a) "Organization" means a non-profit organization (A) Qualified under Internal Revenue Code section 501(c)(3); (B) Registered in Oregon; (C) That serves veterans or armed forces members whose duty station is a warrior transition unit; and (D) That provides a program of angling or shellfish harvest. (b) “Program” includes excursions with the principle purpose of providing participants with angling or outdoor experiences: (A) Established on or before January 1, 2021 (B) Includes angling or shellfish harvest activities. (c) “Participants” include veterans , as defined in Title 38, USC 101(2), or members of the Armed Forces of the United States, as defined in Title 38, USC 101(10), whose duty station is a warrior transition unit. (2) A program participant is entitled to a daily license at no charge to use while participating in excursions. The daily license includes all licenses, tags, and endorsements necessary for angling and harvesting shellfish. (3) The organization is responsible for all daily Bearer licenses provided to participants by Oregon Department of Fish and Wildlife (ODFW). The organization will: (a) Request from the ODFW Licensing Department a Bearer Daily Angling License for each participant at least 10 business days prior to scheduled excursions. (b) Maintain a record in either physical or electronic format of each participant provided with a Bearer daily angling license including: (A) Name (B) Date of Birth (C) ODFW ID Number (if license recipient has one) (D) Veteran or Service Member ID Number (E) Unique License Serial Number issued to license recipient (c) Maintain all Bearer license documents and records in a secure manner making records and Bearer daily angling licenses in either physical or electronic format available for inspection and audit at all times by the Oregon State Police (OSP) or by an authorized employee or agent of the Oregon Fish and Wildlife Commission. (d) Immediately notify ODFW and the local State Police office of any lost Bearer license or other program documents. (e) Within 15 days, upon completion of the program or request by ODFW, return all unused Bearer daily licenses to ODFW Licensing Department. (f) Within 15 days, upon completion of the scheduled excursions, ensure that all participant information has been entered into the Electronic Licensing System. (4) ODFW Licensing Department will run reports against the entered participant data and flag any possible enforcement concerns for notification to the OSP, Wildlife Enforcement section. Statutory/Other Authority: ORS 496.497 Statutes/Other Implemented: ORS 496.497 History: DFW 1-2022, adopt filed 01/10/2022, effective 01/10/2022
635-010-0162 Agent Eligibility; Application Requirements (1) Any person in retail sales within the State of Oregon may apply to become a license agent for the Department. Out-of-State license agents may only sell the Prepaid Daily Angling licenses. (2) An applicant for appointment as a license agent must comply with the following requirements: (a) An individual must be at least 18 years of age; (b) Not be engaged exclusively in selling licensing documents; (c) Not have been convicted of a violation of any wildlife related laws; (3) Criteria used in selection of license agents will include the following: the need for agents in a particular geographic area, business hours, convenient and accessible location for customers, and predicted sales volume. (4) Each agent must sign an Agreement prepared by the Department setting forth the terms and conditions under which the agent will sell licensing documents. (5) The Department may terminate or suspend the Agreement with a license agent on the following grounds: (a) The agent has three non-sufficient electronic fund transfers during any 12-month period; (b) The agent fails to make good any non-sufficient electronic funds transfer issued to the Department within five days of the notice of failure to transfer; (c) The agent fails to follow any procedures specified by the Department for issuing documents; (d) The agent fails to comply with the terms of the agent agreement or fails to maintain the eligibility requirements. (e) The Department discovers any fraud or deception in the application of the license agent. (6) The Department will provide 14 days written notice to the agent of its intent to terminate or suspend the Agreement, unless the Department determines that the agent's conduct creates an emergency or a public risk. In that case, the Department may terminate the Agreement immediately consistent with the Administrative Procedures Act. Statutory/Other Authority: ORS 496, ORS 497 & ORS 498 Statutes/Other Implemented: ORS 496, ORS 497 & ORS 498 History: DFW 160-2018, adopt filed 10/18/2018, effective 01/01/2019
635-010-0170 Licenses, Tags or Documents Available by Mail Order, Fax or Internet Reserving Number Statutory/Other Authority: ORS 496 & 497 Statutes/Other Implemented: ORS 496 & 497 History: DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019 DFW 57-2012, f. & cert. ef. 6-11-12 DFW 7-2012(Temp), f. & cert. ef. 2-6-12 thru 8-1-12 DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10 Reverted to DFW 130-2008, f. & cert. ef. 10-14-08 DFW 51-2009(Temp), f. & cert. ef. 5-14-09 thru 6-1-09 DFW 147-2008(Temp), f. & cert. ef. 12-6-08 thru 6-6-09 DFW 130-2008, f. & cert. ef. 10-14-08
635-010-0180 Agent Operational Requirements The Department will determine what licensing documents each agent may sell on behalf of the Department. (1) The agent's account number must be included in all correspondence. (2) An agent must notify the Department in writing before any change in ownership, use of assumed business name, or dissolution of partnership or corporation as shown in the Agreement. A license agency is not transferable and may not be used as a condition of sale. (3) Agents are authorized to sell privilege documents based upon the contract between the Department and the agent. An agent may not transfer documents to another location, nor to another license agent without advanced written permission from the Department. (4) All monies collected by an agent are public monies of the State of Oregon, and the state has prior claim upon these monies over all creditors, assignees, or other claimants. Statutory/Other Authority: ORS 496 & ORS 497 Statutes/Other Implemented: ORS 496 & ORS 497 History: DFW 160-2018, adopt filed 10/18/2018, effective 01/01/2019
635-010-0190 Inspection Prepaid Daily Angling License records shall be available for inspection and audit at all times by the State Police or by an authorized employee or agent of the Commission. Statutory/Other Authority: ORS 496 & 497 Statutes/Other Implemented: ORS 496 & 497 History: DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019 DFW 93-2018, renumbered from 635-010-0095, filed 07/13/2018, effective 07/13/2018 DFW 33-2000, f. & cert. ef. 6-19-00 DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00 FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0080
635-010-0200 Tribal I.D. in Lieu of Licenses In accordance with ORS 497.170, tribal identification cards will be recognized in lieu of Department-issued free hunting and fishing licenses for Columbia River Treaty Tribe members. Statutory/Other Authority: ORS 496 & ORS 497 Statutes/Other Implemented: ORS 496 & ORS 497 History: DFW 160-2018, adopt filed 10/18/2018, effective 01/01/2019
635-011-0066 Authority to Take Fish In accordance with ORS 496.162 and 506.129, Department staff and designated representatives may take fish and shellfish necessary for Department programs in the times, places and manner necessary to collect broodstock for STEP and hatchery programs, take for scientific purposes, collect excess hatchery returns, trap and haul juvenile and adult fish, monitor and evaluate various species and stocks of fish, cull for conservation purposes, and for such other purposes that implement Commission approved basin and species plans. Statutory/Other Authority: ORS 496.162 & ORS 506.129 Statutes/Other Implemented: ORS 496.162 & ORS 506.129 History: DFW 14-2025, amend filed 02/18/2025, effective 02/18/2025 DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05 DFW 19-2002, f. & cert. ef. 3-20-02 DFW 117-2001(Temp), f. & cert. ef. 12-20-01 thru 6-14-2002 DFW 111-2001, f. & cert. ef. 11-29-01
635-011-0072 Bait Restrictions Text available via filing PDF that is stored in ORMS Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162, 506.129 & 508.306 History: DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07 DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06 DFW 24-2005, f. 4-15-05, cert. ef. 5-1-05
635-011-0100 General Rule It is unlawful to take any fish, shellfish, or marine invertebrates for personal use except as provided in these rules which include and incorporate the most current version of the annual 2026 or 2027 Oregon Sport Fishing Regulations by reference. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the current annual Oregon Sport Fishing Regulations. Statutory/Other Authority: ORS 496.138 & ORS 496.146 Statutes/Other Implemented: ORS 496.162 History: DFW 136-2025, amend filed 12/31/2025, effective 01/01/2026 DFW 119-2023, amend filed 12/27/2023, effective 01/01/2024 DFW 153-2022, amend filed 12/19/2022, effective 01/01/2023 DFW 176-2021, amend filed 12/15/2021, effective 01/01/2022 DFW 157-2020, amend filed 12/22/2020, effective 01/01/2021 DFW 61-2020, temporary amend filed 05/19/2020, effective 05/20/2020 through 10/06/2020 DFW 53-2020, temporary amend filed 05/04/2020, effective 05/05/2020 through 10/06/2020 DFW 42-2020, temporary amend filed 04/09/2020, effective 04/10/2020 through 10/06/2020 DFW 175-2019, amend filed 12/12/2019, effective 01/01/2020 DFW 152-2018, amend filed 09/28/2018, effective 01/01/2019 DFW 102-2018, temporary amend filed 07/31/2018, effective 08/01/2018 through 12/31/2018 DFW 109-2017, f. 8-9-17, cert. ef. 1-1-18 DFW 153-2016, f. 12-28-16, cert. ef. 1-1-17 DFW 105-2016, f. & cert. ef. 8-10-16 DFW 24-2016(Temp), f. 3-30-16, cert. ef. 4-1-16 thru 9-27-16 DFW 167-2015, f. 12-29-15, cert. ef. 1-1-16 DFW 165-2014, f. 12-18-14, cert. ef. 1-1-15 DFW 137-2013, f. 12-19-13, cert. ef. 1-1-14 DFW 130-2013(Temp), f. 12-9-13, cert. ef. 12-10-13 thru 6-8-14 DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13 DFW 142-2012(Temp), f. 11-6-12, cert. ef. 11-15-12 thru 5-12-13 DFW 163-2011, f. 12-27-11, cert. ef. 1-1-12 DFW 153-2011(Temp), f. 11-7-11, cert. ef. 11-15-11 thru 5-12-12 DFW 171-2010, f. 12-30-10, cert. ef. 1-1-11 DFW 144-2009, f. 12-8-09, cert. ef. 1-1-10 DFW 156-2008, f. 12-31-08, cert. ef. 1-1-09 DFW 136-2007, f. 12-31-07, cert. ef. 1-1-08 DFW 79-2006, f. 8-11-06, cert. ef. 1-1-07 DFW 136-2005, f. 12-7-05, cert. ef. 1-1-06 DFW 117-2004, f. 12-13-04, cert. ef. 1-1-05 DFW 125-2003, f. 12-11-03, cert. ef. 1-1-04 DFW 26-2002, f. & cert. ef. 3-21-02 DFW 123-2001, f. 12-31-01, cert. ef. 1-1-02 DFW 70-2001, f. & cert. ef. 8-10-01 FWC 2-1984, f. & ef. 1-10-84 FWC 11-1982, f. & ef. 2-9-82
635-011-0102 Free Fishing Weekend The first full weekend (Saturday and Sunday) in the month of June shall be designated as an annual free fishing weekend. No angling licenses or tags shall be required for the taking of fish for personal use in Oregon waters on this weekend. Statutory/Other Authority: Section 2, Chapter 344, Oregon Laws 1989; HB 2221, 1995 Legislature & ORS 183.335 Statutes/Other Implemented: Sec. 2, Ch. 344, OL 1989; HB 2221 & 1995 History: DFW 145-2017, temporary amend filed 11/14/2017, effective 11/24/2017 through 11/25/2017 DFW 30-2017(Temp), f. 3-22-17, cert.ef. 4-22-17 thru 10-18-17 Reverted to DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13 DFW 141-2016(Temp), f. 10-31-16, cert. ef. 11-23-16 thru 1-1-17 DFW 149-2012, f. 12-27-12, cert. ef. 1-1-13 DFW 70-2001, f. & cert. ef. 8-10-01 FWC 92-1995, f. 12-8-95, cert. ef. 12-15-95 FWC 103-1989, f. 9-29-89, cert. ef. 1-1-90
635-011-0170 Green Sturgeon It is unlawful to take green sturgeon (Acipenser medirostris) for sport purposes at all times and in all waters of the state. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162 & 506.129 History: DFW 32-2010, f. & cert. ef. 3-15-10
635-012-0020 Purpose The purpose of the regulations in this section are to implement ORS 196.540 through 196.555 and Oregon Senate Bill 1510 (2012) by regulating activities in areas of Oregon’s Territorial Sea designated as marine reserves or protected areas. Statutory/Other Authority: ORS 506.119 & 506.129 Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012) History: DFW 102-2012, f. & cert. ef. 8-6-12 Reverted to DFW 6-2010, f. 1-22-10, cert. ef. 6-30-11 DFW 157-2011(Temp), f. 12-13-11, cert. ef. 12-25-11 thru 12-31-11 DFW 6-2010, f. 1-22-10, cert. ef. 6-30-11 DFW 157-2009, f. 12-30-09, cert. ef. 6-30-11 DFW 78-2011(Temp), f. 6-28-11, cert. ef. 6-29-11 thru 12-25-11
635-012-0030 Definitions For the purposes of OAR 635, Division 012 the following definitions apply: (1) “Bank” means from the mainland or island shore or from docks physically attached to the shore. (2) “Commission” means the Oregon Fish and Wildlife Commission. (3) “Department” means the Oregon Department of Fish and Wildlife. (4) “Fish species” means any animal over which the Commission has jurisdiction, pursuant to ORS 506.036. (5) “Fishing gear” means any appliance or device intended for or capable of being used to take fish species, including surface buoys of bottom contact gear. (6) “Groundfish” has the meaning given in OAR 635-004-0215. (7) “Hook-and-line” has the meaning given in OAR 635-004-0215. (8) “Net gear” means any type of fishing gear defined in OAR 635-004-0215 that employs a net. (9) “Take” means to fish for, hunt, pursue, catch, capture or kill or attempt to fish for, hunt, pursue, catch, capture or kill, and includes attracting any squid by light. (10) “Trawl gear” has the meaning given in OAR 635-004-0215. (11) “Troll” has the meaning given in OAR 635-004-0215. (12) “Wildlife species” means all wild birds, amphibians, reptiles, and wild mammals Statutory/Other Authority: ORS 506.119 & 506.129 Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012) History: DFW 173-2021, amend filed 11/29/2021, effective 11/29/2021 DFW 39-2021, amend filed 04/08/2021, effective 04/09/2021 DFW 102-2012, f. & cert. ef. 8-6-12 Reverted to DFW 6-2010, f. 1-22-10, cert. ef. 6-30-11 Suspended by DFW 157-2011(Temp), f. 12-13-11, cert. ef. 12-25-11 thru 12-31-11 DFW 6-2010, f. 1-22-10, cert. ef. 6-30-11 DFW 157-2009, f. 12-30-09, cert. ef. 6-30-11 Suspended by DFW 78-2011(Temp), f. 6-28-11, cert. ef. 6-29-11 thru 12-25-11
635-012-0040 Marine Reserve and Marine Protected Area Boundaries (1) Otter Rock Site: (a) The Otter Rock Marine Reserve encompasses the area bounded by the points described in OAR 141-142-0030. (b) The rules provided in OAR 635-012 for this site are effective January 1, 2012. (2) Redfish Rocks Site: (a) The Redfish Rocks Marine Reserve encompasses the area bounded by the points described in OAR 141-142-0035. (b) The Redfish Rocks Marine Protected Area encompasses the area bounded by the points described in OAR 141-142-0040. (c) The rules provided in OAR 635-012 for this site are effective January 1, 2012. (3) Cape Perpetua Site: (a) The Cape Perpetua Marine Reserve encompasses the area bounded by the points described in OAR 141-142-0045. (b) The Cape Perpetua North Marine Protected Area encompasses the area bounded by the points described in OAR 141-142-0050. (c) The Cape Perpetua South-East Marine Protected Area encompasses the area bounded by the points described in OAR 141-142-0055. (d) The Cape Perpetua Seabird Protection Area encompasses the area bounded by the points described in OAR 141-142-0060. (e) The rules provided in OAR 635-012 for this site are effective January 1, 2014. (4) Cascade Head Site: (a) The Cascade Head Marine Reserve encompasses the area bounded by the points described in OAR 141-142-0065. (b) The Cascade Head North Marine Protected Area encompasses the area bounded by the points described in OAR 141-142-0070. (c) The Cascade Head South Marine Protected Area encompasses the area bounded by the points described in OAR 141-142-0075. (d) The Cascade Head West Marine Protected Area encompasses the area bounded by the points described in OAR 141-142-0080. (e) The rules provided in OAR 635-012 for this site are effective January 1, 2014. (5) Cape Falcon Site: (a) The Cape Falcon Marine Reserve encompasses the area bounded by the points described in OAR 141-142-0085. (b) The Cape Falcon West Marine Protected Area encompasses the area bounded by the points described in OAR 141-142-0090. (c) The Cape Falcon Shoreside Marine Protected Area encompasses the area bounded by the points described in OAR 141-142-0095. (d) The rules provided in OAR 635-012 for this site are effective January 1, 2016. Statutory/Other Authority: ORS 506.119 & 506.129 Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012) History: DFW 102-2012, f. & cert. ef. 8-6-12 Reverted to DFW 157-2009, f. 12-30-09, cert. ef. 6-30-11 Suspended by DFW 157-2011(Temp), f. 12-13-11, cert. ef. 12-25-11 thru 12-31-11 DFW 157-2009, f. 12-30-09, cert. ef. 6-30-11 Suspended by DFW 78-2011(Temp), f. 6-28-11, cert. ef. 6-29-11 thru 12-25-11
635-012-0050 Marine Reserve Prohibitions and Allowances (1) Except as specified in section 3 below, the following activities are prohibited within the Otter Rock, Redfish Rocks, Cape Perpetua, Cascade Head and Cape Falcon marine reserve areas: Take, including fishing or hunting, of any fish or wildlife species. (2) Take of fish species from the ocean, using hook-and-line from the bank shoreward of a marine reserve, unless specifically authorized, is prohibited. (3) Notwithstanding the prohibitions in sections (1) and (2) above, person(s) may: (a) Remove fishing gear from within the marine reserve boundary, provided that the retrieving vessel operator must notify the Oregon State Police at 1-800-452-7888 and receive permission before retrieving the gear and no fish or wildlife species from the retrieved gear shall be retained. Specific to commercial crab pots: (A) If the pot(s) do not belong to the retrieving vessel, the vessel operator must follow the retrieval requirements set forth in OAR 635-005-0490. (B) If the pot(s) do belong to the retrieving vessel, the vessel operator may re-set the pot(s) outside of the reserve area pursuant to the requirements set forth in OAR 635-005-0490. (b) Take fish and wildlife species if authorized by a valid scientific taking permit as required by OAR divisions 635-007 and 635-043. (c) Have catch onboard while transiting or anchoring in the marine reserve area. Except as allowed by subsection (3)(b) above, fishing gear shall not be deployed in the water at any time within the marine reserve. Statutory/Other Authority: ORS 506.119 & 506.129 Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012) History: DFW 102-2012, f. & cert. ef. 8-6-12 Reverted to DFW 6-2010, f. 1-22-10, cert. ef. 6-30-11 Suspended by DFW 157-2011(Temp), f. 12-13-11, cert. ef. 12-25-11 thru 12-31-11 DFW 6-2010, f. 1-22-10, cert. ef. 6-30-11 DFW 157-2009, f. 12-30-09, cert. ef. 6-30-11 Suspended by DFW 78-2011(Temp), f. 6-28-11, cert. ef. 6-29-11 thru 12-25-11
635-012-0060 Redfish Rocks Marine Protected Area Prohibitions and Allowances (1) Except as specified in section (2) below, the following activities are prohibited within the Redfish Rocks marine protected areas: Take of any fish species. (2) Notwithstanding the prohibitions in section (1) above, person(s) may: (a) Commercially or recreationally troll for and take salmon in fisheries otherwise authorized by Commission rule. (b) Commercially or recreationally take crab in fisheries otherwise authorized by Commission rule. Statutory/Other Authority: ORS 506.119 & 506.129 Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012) History: DFW 102-2012, f. & cert. ef. 8-6-12 Reverted to DFW 6-2010, f. 1-22-10, cert. ef. 6-30-11 Suspended by DFW 157-2011(Temp), f. 12-13-11, cert. ef. 12-25-11 thru 12-31-11 DFW 6-2010, f. 1-22-10, cert. ef. 6-30-11 DFW 157-2009, f. 12-30-09, cert. ef. 6-30-11 Suspended by DFW 78-2011(Temp), f. 6-28-11, cert. ef. 6-29-11 thru 12-25-11
635-012-0070 General Protected Area Prohibitions and Allowances (1) The prohibitions and allowances specified in this section apply to all areas of Oregon’s Territorial Sea designated as marine protected and seabird protection areas. Notwithstanding the area-specific prohibitions and allowances, person(s) may: (a) Take fish species if authorized by a valid scientific taking permit as required by OAR divisions 635-007 and 635-043. (b) Have catch onboard while transiting or anchoring in the marine protected or seabird protection area. Except as allowed by OAR 635-012-0060, 635-012-0080 through 635-012-0150 or by subsection (1)(a) above, fishing gear shall not be deployed in the water at any time within a marine protected or seabird protection area. (2) It is unlawful to take any legal fish species in a marine protected or seabird protection area while possessing onboard any species not allowed to be taken in the marine protected or seabird protection area. Statutory/Other Authority: ORS 506.119 & 506.129 Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012) History: DFW 102-2012, f. & cert. ef. 8-6-12
635-012-0080 Cape Perpetua North Marine Protected Area Prohibitions and Allowances (1) Except as specified in section (2) below, the following activities are prohibited within the Cape Perpetua North Marine Protected Area: Take of any fish species. (2) Notwithstanding the prohibitions in section (1) above, person(s) may: (a) Commercially or recreationally troll for and take salmon in fisheries authorized specifically for this area by Commission rule. (b) Commercially or recreationally take crab in fisheries authorized specifically for this area by Commission rule. (c) Recreationally take fish species using hook-and-line from the bank in fisheries otherwise authorized by Commission rule. Statutory/Other Authority: ORS 506.119 & 506.129 Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012) History: DFW 102-2012, f. & cert. ef. 8-6-12
635-012-0090 Cape Perpetua South-East Marine Protected Area Prohibitions and Allowances (1) Except as specified in section (2) below, take of all species authorized by general Commission rule for this area is allowed. (2) The following activities are prohibited within the Cape Perpetua South-East Marine Protected Area: (a) Use of trawl gear to take any fish species. (b) Take of the following species, used as seabird forage: (A) Pacific herring; (B) Pacific sardine (pilchard); (C) Anchovies; (D) Smelt as defined by OAR 635-004-0215; (E) Pacific sand lance; (F) Mackerels; (G) Market squid. Statutory/Other Authority: ORS 506.119 & 506.129 Statutes/Other Implemented: ORS 196.540 - 196.555 & SB 1510 (2012) History: DFW 69-2016, f. & cert. ef. 6-13-16 Reverted to DFW 102-2012, f. & cert. ef. 8-6-12 DFW 47-2015(Temp), f. 5-21-15, cert. ef. 5-27-15 thru 11-22-15 DFW 102-2012, f. & cert. ef. 8-6-12