justicedao/ipfs_state_laws huggingface dataset:
635-003-0078 Humbug Mountain to the Oregon/California Border All vessels participating in any commercial ocean salmon fishery between Humbug Mountain and the Oregon/California Border that is managed under any salmon quota or harvest guideline must land their fish in Port Orford, Gold Beach, or Brookings, Oregon, and within 24 hours of any closure. All fishers landing salmon caught within this area during any season managed under any salmon quota or harvest guideline must notify ODFW within one hour of delivery, limited fish sellers must notify ODFW within one hour of landing and prior to initiation of any sales, and all fishers intending to transport fish away from the port of landing must notify ODFW prior to transport away from the port of landing by calling (541) 857-2538 or by sending an e-mail to: kmzor.trollreport@odfw.oregon.gov. Notification shall include vessel name and number, number of salmon by species, location of delivery, and estimated time of delivery. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.129 History: DFW 38-2024, minor correction filed 05/29/2024, effective 05/29/2024 DFW 78-2014, f. & cert. ef. 6-24-14 DFW 61-2014, f. & cert. ef. 6-10-14 Reverted to DFW 6-2005, f. & cert. ef. 2-14-05 DFW 71-2007(Temp), f. & cert. ef. 8-14-07 thru 8-31-07 DFW 6-2005, f. & cert. ef. 2-14-05
635-004-0200 Organization (1) This Division is organized into the following major finfish fishery sections: (a) Groundfish Section, including the following fisheries: (A) Trawl and Fixed Gear Groundfish Fisheries; and (B) Black Rockfish/Blue Rockfish/Nearshore Fishery (b) Coastal Pelagic Species and Smelt Species Section, including the following fisheries: (A) Sardine Fishery; (B) Inland Waters Herring Fishery; (C) Yaquina Bay Roe-Herring Fishery; (D) Pacific Ocean Herring Fishery; (E) Anchovy Fishery; and (F) Smelt Fishery. (c) Highly Migratory Species Section, including the following fisheries: Albacore Tuna Fishery. (d) Other Finfish Section, including the following fisheries: (A) Halibut Fishery; (B) Coastal Rivers Shad Fishery; (C) Hagfish Fishery; (D) Sturgeon Fishery; (E) Surfperch Fishery; (F) Minor Finfish Fisheries; and (G) Intertidal Animal Fishery. (2) Administrative rules OAR 635-004-0205 through 635-004-0265 are general regulations, in addition to and not in lieu of regulations contained within the fishery sections listed in section (1) of this rule. (3) Invertebrates and other marine animals not regulated in OAR chapter 635, division 004 are managed by regulations in division 005. 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
635-004-0205 Licensing Requirements In addition to the regulations contained in this Division, fishers should consult regulations contained in OAR chapter 635, division 006 and Oregon Revised Statutes Chapter 508 for licensing requirements and fee information. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.129, 508.025, 508.035, 508.235, 508.260, 508.300, 508.306 & 508.312 History: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
635-004-0210 Authority of Enforcement in Fishery Conservation Zone and Exclusive Economic Zone (1) Pursuant to ORS 506.750 and 506.755, regulations including but not limited to inspection of catch, methods of fishing, gear restrictions, seasons, closures and restricted areas are applicable in the Fishery Conservation Zone (0-50 nautical miles offshore of Oregon), and federal commercial fishing regulations are applicable in the Exclusive Economic Zone (3-200 nautical miles offshore of the United States). (2) For the purposes of this rule, “Fishery Conservation Zone” means the zone between the mean high water mark of tidally influenced bodies of water of the state of Oregon to 50 nautical miles offshore of Oregon, as pursuant to ORS 506.755. Statutory/Other Authority: ORS 506.036, 506.109, 506.119, 506.129 & 506.755 Statutes/Other Implemented: ORS 506.109, 506.501, 506.511, 506.521, 506.750 & 506.755 History: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
635-004-0223 Restrictions on Shared Ecosystem Component Species Applicable to All Commercial Fisheries (1) Shared Ecosystem Component Species, as defined in OAR 635-004-0215, in the Pacific Ocean off Oregon are jointly managed by the state of Oregon and the federal government through the Pacific Fishery Management Council process. Therefore, the Code of Federal Regulations, Part 660, Subpart B, (October 1, 2016 ed.) is incorporated into Oregon Administrative Rule by reference. The Code of Federal Regulations provides federal requirements, including but not limited to prohibitions on directed fishing and at-sea processing for these species. For the purposes of this rule, directed fishing is defined as: (a) Landing Shared Ecosystem Component Species without landing any other species; (b) Landing more than 10 metric tons of Shared Ecosystem Componenent Species in aggregate from any fishing trip; or (c) Landing more than 30 metric tons of Shared Ecosystem Component Species in aggregate within a calendar year. (2) The geographical scope of those federal regulations cited in section (1) of this rule is hereby extended to the waters of this state from the head of tide of inland waters to three nautical miles offshore in the Pacific Ocean, except the Columbia River as defined in OAR 635-003-0005, and apply to fishing trips conducted from vessels entirely within these waters. (3) The Commission may adopt additional or modified regulations that are more conservative than federal regulations, in which case Oregon Administrative Rule takes precedence. See OAR 635-004-0205 through 635-004-0235 and 635-004-0545 for additions or modifications to federal forage fish regulations. [Publications: Publications referenced are available from the Department.] Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129 History: DFW 149-2016, f. 12-7-16, cert. ef. 1-1-17
635-004-0225 Bait Restrictions It is unlawful to use lamprey as bait in any commercial fishery. Statutory/Other Authority: ORS 506.036, 506.109, ORS 506.119 & 506.129 Statutes/Other Implemented: ORS 506.036, 506.109, 506.126 & 506.306 History: Renumbered from 635-004-0003, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 24-2005, f. 4-15-05, cert. ef. 5-1-05
635-004-0230 Same Trip Recreational and Commercial Fishing — When Unlawful (1) It is unlawful for a vessel licensed pursuant to ORS 508.260 to be used to fish recreationally and commercially on the same fishing trip. (2) Recreational fishing gear is legal to use in commercial fisheries provided it complies with the provisions specified in OAR 635-004-0235. 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
635-004-0240 Far Offshore Fishery Defined "Far Offshore Fishery" means a fishery where the fish are taken outside the United States 200-mile Exclusive Economic Zone. Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 496.138, 496.162, 506.119 & 506.129 History: Renumbered from 635-004-0125, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92 FWC 109-1991(Temp), f. & cert. ef. 9-27-91
635-004-0245 Commercial Vessel License - Right to Land Fish Fish taken in a far offshore fishery which may be lawfully imported into this state from a foreign nation or from another state, may be landed in this state, provided Oregon commercial fishing license requirements and the provisions contained in OAR 635-004-0250 through 635-004-0265 have been met. Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.119 & 506.129 Statutes/Other Implemented: ORS 496.138, 496.162, 506.109, 506.119 & 506.129 History: Renumbered from 635-004-0130, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92 FWC 109-1991(Temp), f. & cert. ef. 9-27-91
635-004-0250 Declaration (1) The vessel operator of any vessel participating in the far offshore fishery intending to land fish or fish products in Oregon shall notify the Department of any such fishing trip at least 48 hours prior to leaving port by writing to the Oregon Department of Fish and Wildlife, 2040 SE Marine Science Drive, Newport, OR 97365, or by calling 541-867-4741 during regular business hours Monday through Friday. Such declaration shall include the area to be fished and the intended port of landing, including the identification of the processor to whom delivery will be made. (2) In addition, 24 hours or more prior to landing, the vessel operator shall notify the Department, at the telephone number listed above, during regular business hours, or the Oregon State Police at other times, telephone number 1-800-452-7888, of the following: (a) Vessel name and documentation number; (b) Estimated time of arrival; (c) Port of landing; (d) Processor's location; and (e) Estimated weight of fish on board. Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 496.138, 496.162, 506.109, 506.119 & 506.129 History: Renumbered from 635-004-0135, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 142-2008, f. & cert. ef. 11-21-08 FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92 FWC 109-1991(Temp), f. & cert. ef. 9-27-91
635-004-0255 Compliance Evidence It shall be the responsibility of the vessel operator to maintain a navigation plotting record of any far offshore fishing trip, and such record shall be available for inspection by any person authorized to enforce the commercial fishing laws of Oregon. Such record shall be maintained for 30 days following any such fishing trip. Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 496.138, 496.162, 506.109, 506.119 & 506.129 History: Renumbered from 635-004-0140, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92 FWC 109-1991(Temp), f. & cert. ef. 9-27-91
635-004-0260 Far Offshore Fishery Trip Limit Except for the licensing requirements provided in OAR 635-004-0245, there are no trip limits or landing restrictions for fish or fish products taken in the far offshore fishery. Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 496.138, 496.162, 506.109, 506.119 & 506.129 History: Renumbered from 635-004-0145, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92 FWC 109-1991(Temp), f. & cert. ef. 9-27-91
635-004-0265 Fishing Within 200-Mile Fishery Zone — When Unlawful It is unlawful for the operator of any vessel to fish in or land fish from the 200-mile Exclusive Economic Zone or from state waters during any trip for which a declaration to participate in the far offshore fishery has been made. Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 496.138, 496.162, 506.109, 506.119, 506.129 & 506.306 History: Renumbered from 635-004-0150, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 10-1992, f. 2-26-92, cert. ef. 2-27-92 FWC 109-1991(Temp), f. & cert. ef. 9-27-91
635-004-0270 Organization of Groundfish Rules Administrative rules contained in OAR 635-004-0275 through 635-004-0280 shall apply to all fisheries in the Groundfish Section, and are in addition to and not in lieu of Division 004, General Regulations contained in OAR 635-004-0200 through 635-004-0265. The Groundfish Section includes regulations for Trawl and Fixed Gear groundfish fisheries, and the Black Rockfish/Blue Rockfish/Nearshore Fishery. 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
635-004-0280 Maintaining Records of Cumulative Catch Vessels landing groundfish under a cumulative catch limit shall keep copies of fish landing receipts on board for inspection by authorized enforcement officials for a minimum of 90 days from date of delivery. Receipts shall be signed and dated by both the dealer representative and vessel operator. Fish landing receipts may be in the form of Department electronic fish tickets; or fish dealer dock receipts. Statutory/Other Authority: ORS 496.138, ORS 496.162, ORS 506.036, ORS 506.109, ORS 506.119 & ORS 506.129 Statutes/Other Implemented: ORS 506.109 & ORS 506.129 History: DFW 148-2025, amend filed 12/31/2025, effective 01/01/2026 Renumbered from 635-004-0048, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 142-2008, f. & cert. ef. 11-21-08 FWC 95-1994, f. 12-28-94, cert. ef. 1-1-95 FWC 36-1992, f. 5-26-92, cert. ef. 5-27-92 FWC 141-1991, f. 12-31-91, cert. ef. 1-1-92
635-004-0285 Trawl and Fixed Gear Groundfish Fisheries Defined "Trawl and Fixed Gear Groundfish Fisheries" means the commercial fisheries for groundfish species as defined in the Pacific Coast Groundfish Fishery Management Plan and in the Federal Groundfish Regulations, Title 50 Part 660, using trawl and fixed gear as defined in OAR 635-004-0215. Statutory/Other Authority: ORS 506.036, 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
635-004-0290 Logbook Required (1) The Department shall make available a logbook to each licensed commercial fishing vessel from which groundfish are taken by means of trawl (including a shrimp trawl net), longline, hook-and-line, or pot 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) Information so received by the Department shall be considered as confidential. (6) Logbooks shall be completed for a fishing trip within one week of landing. (7) This rule does not apply to vessels registered to a federal limited entry trawl permit with a Catcher/Processor endorsement, and a valid declaration for the limited entry, midwater trawl, Pacific whiting catcher/processor sector. Statutory/Other Authority: ORS 506.036, ORS 506.109, ORS 506.119 & ORS 506.129 Statutes/Other Implemented: ORS 506.129 & ORS 506.450 through 506.465 History: DFW 149-2025, amend filed 12/31/2025, effective 01/01/2026 DFW 93-2024, temporary amend filed 10/03/2024, effective 10/07/2024 through 12/31/2024 Renumbered from 635-004-0050, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 142-2008, f. & cert. ef. 11-21-08 DFW 120-2004, f. 12-13-04, cert. ef. 1-1-05 DFW 135-2002, f. 12-23-02, cert. ef. 1-1-03 DFW 38-1999, f. & cert. ef. 5-24-99 FWC 15-1984, f. & ef. 4-5-84 FWC 34-1979, f. & ef. 8-22-79, Renumbered from 635-036-0295 FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-010-0570
635-004-0295 Black Rockfish, Blue Rockfish and Nearshore Fishery Defined "Black Rockfish/Blue Rockfish/Nearshore Fishery" means the commercial fishery for black rockfish (Sebastes melanops), blue rockfish (Sebastes mystinus), deacon rockfish (Sebastes diaconus) and nearshore species as defined in OAR 635-004-0215. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.129 & 506.450 through 506.465 History: DFW 3-2016, f. & cert. ef. 1-19-16 Renumbered from 635-004-0160, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 112-2003, f. & cert. ef. 11-14-03
635-004-0300 Requirement for Black Rockfish/Blue Rockfish/Nearshore Fishery Permit (1) Except as provided in OAR 635-004-0360, it is unlawful to take, land or possess black rockfish, blue rockfish, or deacon rockfish without a Black Rockfish/Blue Rockfish Permit or black rockfish, blue rockfish, deacon rockfish, or nearshore species without a Black Rockfish/Blue Rockfish or Black Rockfish/Blue Rockfish with a Nearshore Endorsement Permit pursuant to ORS 508.945. (2) It is unlawful for a wholesaler, canner or buyer to buy or receive black rockfish, blue rockfish, deacon rockfish, or other nearshore species taken in the Black Rockfish/Blue Rockfish/Nearshore Fishery from a vessel for which the permit required by section (1) of this rule has not been issued. (3) A Black Rockfish/Blue Rockfish/Nearshore Fishery Permit required by section (1) of this rule is in addition to and not in lieu of the commercial fishing and vessel license required by ORS 508.235 and ORS 508.260. (4) No vessel may hold more than one Black Rockfish/Blue Rockfish / Nearshore Fishery Permit at any one time. (5) Unless otherwise provided, Black Rockfish/Blue Rockfish/Nearshore Permits must be purchased by January 1 of the year the permit is sought for renewal. (6) Applications for Black Rockfish/Blue Rockfish/Nearshore Fishery 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 & 508.945 History: DFW 3-2016, f. & cert. ef. 1-19-16 DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
635-004-0310 Eligibility Requirements for a Permit (1) Vessel owners must meet eligibility requirements for a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit established in ORS 508.947. (2) An individual is eligible to obtain a Black Rockfish / Blue Rockfish/Nearshore Permit required by OAR 635-004-0300: (a) By renewal of the previous year’s permit as specified in OAR 635-004-0320; or (b) Through the lottery if a lottery is held in accordance with OAR 635-004-0325. (3) In making determinations regarding issuance or renewal of a Black Rockfish/Blue Rockfish/Nearshore Fishery 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 & 508.947 History: DFW 151-2012, f. 12-27-12, cert. ef. 1-1-13 DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
635-004-0315 Review of Denials (1) An individual whose application for issuance, renewal or transfer of a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit established pursuant to OAR 635-004-0300, 635-004-0320 and 635-004-0330 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 Black Rockfish/Blue Rockfish/Nearshore Fishery Permit shall be pursuant to ORS 508.960. (2) The Board may delegate to the Department its authority to waive requirements for renewal of permits in the Black Rockfish/Blue Rockfish/Nearshore Fishery in such specific instances as the Board sets forth in a Letter of Delegation to the Department. (3) The Black Rockfish/Blue Rockfish/Nearshore 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. (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 & 508.960 History: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
635-004-0320 Renewal of Permit (1) Black Rockfish/Blue Rockfish/Nearshore Fishery Permits may be renewed the following year pursuant to ORS 508.947 and ORS 508.949. (2) An application for renewal of a Black Rockfish/Blue Rockfish/Nearshore Fishery 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 January 1 of the year the permit is sought for renewal. (3) Permits issued under this rule expire on December 31 of each year. If an owner of a vessel with a permit does not submit a complete renewal application by January 1 of the permit year sought, the owner may renew the permit by submitting a complete renewal application after January 1 but before April 1 of the permit year sought if the owner pays a $150.00 late fee in addition to the fee required under section (1) of this rule. (4) 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 508.945, ORS 508.947 & ORS 508.949 History: DFW 113-2025, 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 136-2013, f. 12-19-13, cert. ef. 1-1-14 DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12
635-004-0325 Lottery for Limited Entry Black Rockfish/Blue Rockfish/Nearshore Fishery Permits (1) If the number of permits issued in accordance with OAR 635-004-0300 falls below 80 for Black Rockfish and Blue Rockfish Permits or 50 permits for Black Rockfish and Blue Rockfish Permits with a Nearshore Endorsement, the Department in the next succeeding calendar year may issue Black Rockfish/Blue Rockfish/Nearshore Fishery Permits by a lottery system pursuant to ORS 508.955. However, the total number of permits issued may not exceed 80 for Black Rockfish and Blue Rockfish Permits or 50 Black Rockfish and Blue Rockfish Permits with a Nearshore Endorsement. (2) A vessel may qualify for the lottery if the vessel: (a) Has a boat licensed issued pursuant to ORS 508.260 for the current year; and (b) Had a boat license issued pursuant to ORS 508.260 for the previous year. (3) Each applicant for a permit lottery shall complete the application form prescribed by the Department. (4) 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. (5) Only one application per vessel may be submitted for each permit lottery. (6) Any application which is not legible, has incomplete information, or is postmarked after the deadline may 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 & 508.955 History: DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12