justicedao/ipfs_state_laws huggingface dataset:
635-005-0295 Marine Snail Fishery Prohibited (1) It is unlawful to take any marine snail species of the class gastropoda, including all abalone species, for commercial purposes except that a commercial aquaculture facility may take abalone for use as broodstock under the terms and conditions specified in a permit issued by the Department. (2) Application for such a permit shall be in writing and shall include the following: (a) A description of the commercial aquaculture facility; (b) The methods for collecting and returning broodstock abalone to and from the wild; (c) The methods for checking abalone and imported kelp food for pathogens or exotic fauna; (d) The procedures for isolating and culturing abalone to prevent contamination of wild abalone stock; and (e) Any other information as the Department may require. (3) Permit applications shall be mailed to: Marine Resources Program Office, Department of Fish and Wildlife, 2040 SE Marine Science Drive, Newport, OR, 97365. 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 635-005-0005, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 DFW 156-2009, f. 12-29-09, cert. ef. 1-1-10 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 24-1995, f. 3-29-95, cert. ef. 4-1-95 FC 241, f. 4-5-72, ef. 4-15-72, Renumbered from 625-010-0320, 1975, Renumbered from 635-036-0190, 1979
635-005-0300 Piddock Fishery (Rock Oyster) Prohibited It is unlawful to take piddocks for commercial purposes. Statutory/Other Authority: ORS 506.109, 506.129 & 506.306 Statutes/Other Implemented: ORS 506.129 History: Renumbered from 635-005-0160, DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12 FWC 30-1985, f. 6-27-1985, cert. ef. 7-1-85, Renumbered from 625-010-0465, 635-036-0255 FC 241, f. 4-5-72, cert. ef. 4-15-72
635-005-0305 Bay Clam Dive Fishery Defined "Bay clam dive fishery" means the commercial fishery for bay clams (including: cockle clams, Clinocardium nuttallii; butter clams, Saxidomus gigantea; gaper clams, Tresus capax; and softshell clams, Mya arenaria) from subtidal areas in Oregon estuaries using dive gear. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 164-2015, f. 12-9-15, cert. ef. 1-1-16 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0315 Bay Clam Dive Permit Fee (1) The annual fee for a Resident Bay Clam Dive Permit is $125.00 (plus a $2.00 license agent fee) for applicants. (2) The annual fee for a Nonresident Bay Clam Dive 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 635-005-0340. 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 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0320 Eligibility Requirements for a Bay Clam Dive Permit (1) An individual licensed as a commercial harvester under ORS 508.235 or ORS 508.312 or a vessel is eligible to obtain a Bay Clam Dive Permit required by OAR 635-005-0310: (a) For a South Coast Bay Clam Dive Permit for the year 2006, if a South Coast Bay Clam Dive Permit was issued to the individual or vessel under the Developmental Fisheries Program in 2005 and lawfully made five landings consisting of at least 100 pounds each landing or an annual total of 2,500 pounds of bay clams, using dive gear in Oregon in 2005; (b) For a Coast Wide Bay Clam Dive Permit for the year 2006, if a Coast Wide Bay Clam Dive Permit was issued to the individual or vessel under the Developmental Fisheries Program in 2005 and lawfully made five landings consisting of at least 100 pounds each landing or an annual total of 2,500 pounds of bay clams, using dive gear in Oregon in 2005. (c) After 2006, by renewal of the previous years’ permit and satisfaction of the requirements in OAR 635-005-0330; or (d) Through the lottery if a lottery is held in accordance with OAR-005-0335. (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 History: DFW 32-2013, f. & cert. ef. 5-14-13 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0325 Review of Denials — Bay Clam Dive (1) An individual whose application for issuance, renewal or transfer of a Bay Clam Dive Permit established pursuant to OAR 635-005-0310, 635-005-0330 and 635-005-0340 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 issuance, renewal or request to transfer a 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 permit if the Board finds strict adherence to the requirements were not met as a result of undue hardship as defined in OAR 635-005-0240. (3) A party 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 the proposed order changed. 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 Bay Clam Dive Permits in such specific instances as the Board sets forth in a Letter of Delegation to the Department. (5) The bay clam dive fishery requires a $125.00 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 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0330 Renewal of Bay Clam Dive Permit (1) Bay Clam Dive Permits may be renewed the following year: (a) By submitting to the Department 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 date-stamped or postmarked by January 31 of the year for which renewal is sought; (b) The permittee shall have lawfully made five landings consisting of at least 100 pounds each landing or an annual total of 2,500 pounds of bay clams, using dive gear in Oregon in the prior calendar year; (c) If all logbooks required under OAR 635-005-0345 were submitted by the application deadline for renewal of a Bay Clam Dive Permit; and (d) If a Bay Clam Dive Permit is transferred under OAR 635-005-0340(2), annual landing requirements for permit renewal in subsection (1)(b) of this rule are waived in the year the transfer occurred. (2) An application for renewal of a Bay Clam Dive 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 January 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 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0335 Lottery for Limited Entry Bay Clam Dive Permits (1) If the number of Bay Clam Dive Permits issued in accordance with OAR 635-005-0310 falls below ten for coast-wide permits or five for south-coast permits, the Department may issue Bay Clam Dive Permits by a lottery system. However, as a result of any such lottery, the total number of Bay Clam Dive Permits issued shall not exceed ten for coast-wide permits or five for south-coast permits; (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 or individual 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 shall 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
635-005-0340 Transferability of Bay Clam Dive Permits (1) Any transfer of a Bay Clam Dive Permit without the written consent of each person holding a security interest in such vessel is void. (2) Permits may be transferred as follows: (a) The permittee may request the Department to transfer, to a replacement vessel that is owned by the same person that owns the vessel to which the Bay Clam Dive Permit was originally issued, a Bay Clam Dive Permit up to two times per calendar year; (b) In the event of the death of a Bay Clam Dive Permit holder, the permit of the deceased may be issued to an immediate family member upon request, validated by the Department’s receipt of a copy of the death certificate and the original permit. “Immediate family member” means a Bay Clam Dive Permit holder's spouse, domestic partner, children, father, mother, brother, sister, stepchildren, and grandchildren; or (c) The Department may authorize transfer of a Bay Clam Dive Permit for up to 90 days upon petition by the permittee on the form provided by the Department due to a medical condition. (A) The Department's decision to allow a transfer shall be based on a finding that the current permit holder is unable to participate in the fishery due to injury or illness which prevents diving, based on medical evidence submitted by the permit holder, and such other evidence the Department considers reliable. (B) At the end of the transfer period, the Department may reinstate the Bay Clam Dive Permit to the original permit holder or to a new transferee, provided that the original permit holder again submits medical evidence documenting that the injury or illness continues to prevent their return to diving. (C) There is a two-year limit on the eligibility of each individual permit for medical transfer status, beginning with the start date of the first medical transfer of that permit and ending two years from that date. (D) If the Department, after review of a denial by the Board, allows a transfer, the original Bay Clam Dive Permit holder shall give written notice to the Department of the name, address and telephone number of the transferee. The original permit holder may, at any time during the transfer period specified in subsection (1)(c) of this rule, request the Department reinstate the permit back to their possession. Such transfer requires 30 days written notice to the Department. In any event, upon expiration of the transfer period specified in subsection (1)(c) of this rule, or upon cancellation of a transfer due to lack of medical evidence of continuing inability to dive, the permit shall revert automatically to the original permit holder, unless the transfer is renewed, as provided in subsection (1)(c) of this rule. 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
635-005-0345 Logbook Required — Bay Clam Dive (1) The Department shall make available a logbook to each licensed commercial fisher or commercial fishing vessel which holds a valid Bay Clam Dive Fishery Permit. (2) Each permit holder 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, each permit holder shall permit examination and transcription of information of such logbook. (4) Upon request of an authorized representative of the Department, each 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
635-005-0350 Bay Clam Dive Size Limit The minimum legal size of cockle clams taken for commercial purposes under a Bay Clam Dive Permit (OAR 635-005-0310) in Tillamook Bay is 2-3/4 inches at the greatest dimension, and 2-1/4 inches at the greatest dimension in all other bays. It is unlawful to possess any cockle clams taken for commercial purposes under a Bay Clam Dive Permit which are less than the minimum legal size. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306 History: DFW 164-2015, f. 12-9-15, cert. ef. 1-1-16 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12, Renumbered from 635-005-0030 DFW 10-2007, f. & cert. ef. 2-14-07 DFW 61-2006, f. 7-13-06, cert. ef. 10-1-06 DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06 FC 255-1972, f. 9-12-72, cert. ef. 10-1-72, Renumbered from 625-010-0075, 1975, Renumbered from 635-036-0100, 1979 FC 241-1972, f. 4-5-72, cert. ef. 4-15-72
635-005-0360 Subtidal Clams for Bait Clams harvested or at any time intended for sale as bait in the bay clam dive fishery are subject to the requirements of OAR 635-005-0390. 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
635-005-0365 Intertidal Animal, Mussel and Clam Commercial Fisheries Defined “Intertidal Animal, Mussel, and Clam Fisheries” means the commercial fisheries for any animal living intertidally on the bottom. 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
635-005-0370 Commercial Shellfish And Intertidal Animal Harvest Permit Required It is unlawful to take, land or possess animals living intertidally on the bottom for commercial purposes without first obtaining a Commercial Shellfish And Intertidal Animal Harvest Permit issued by the Department pursuant to OAR 635-005-0245 and 635-005-0250. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129, 506.306 & 508.116 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0375 Logbook Required — Commercial Shellfish And Intertidal Animal Harvest (1) The Department shall make available a logbook to each licensed commercial fisher who holds a valid Commercial Shellfish And Intertidal Animal Harvest Permit. (2) Each permit holder 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, each permit holder shall permit examination and transcription of information of such logbook. (4) Upon request of an authorized representative of the Department, each 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
635-005-0380 Fishing Gear for Commercial Harvest of Mussels and Razor Clams It is unlawful in intertidal commercial fisheries to: (1) Take mussels for commercial purposes by any means other than hand or a hand-powered tool. (2) Take razor clams for commercial purposes by any means other than by hand or by shovel. 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
635-005-0385 Commercial Harvest of Mussels and Clams — Size Limit (1) There is no size limit for mussels taken for commercial purposes. (2) The minimum legal size of razor clams taken for commercial purposes is 3-3/4 inches from tip to tip of the shell. It is unlawful to possess any razor clams taken for commercial purposes which are less than the minimum legal size. All undersized razor clams must be immediately returned to the hole from which they were dug with the hinge oriented towards the ocean. (3) The minimum legal size of intertidal cockles taken for commercial purposes in Tillamook Bay and Netarts Bay is 2-3/4 inches at the greatest dimension. It is unlawful to possess any cockles taken for commercial purposes which are less than the minimum legal size. Statutory/Other Authority: 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 History: DFW 27-2024, amend filed 04/23/2024, effective 04/23/2024 DFW 164-2015, f. 12-9-15, cert. ef. 1-1-16 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12
635-005-0387 Catch Limits (1) In Netarts Bay, the commercial landing cap for cockles harvested by the intertidal fishery is 22,000 pounds. (2) In Tillamook Bay, the commercial landing cap for cockles harvested by the intertidal fishery is 90,000 pounds. (3) When the commercial cockle landing cap specified in sections 1 or 2 of this rule is reached, the intertidal cockle fishery will close in that bay for the remainder of the calendar year. Statutory/Other Authority: ORS 506.036, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 95-2023, amend filed 09/18/2023, effective 09/19/2023 DFW 23-2023, temporary amend filed 03/27/2023, effective 03/27/2023 through 09/22/2023 DFW 137-2022, temporary amend filed 09/29/2022, effective 10/01/2022 through 12/31/2022 DFW 50-2022, temporary amend filed 05/20/2022, effective 05/21/2022 through 09/30/2022 DFW 36-2022, temporary amend filed 04/14/2022, effective 04/18/2022 through 09/30/2022 DFW 171-2021, temporary amend filed 11/10/2021, effective 11/10/2021 through 12/31/2021 DFW 83-2021, temporary amend filed 06/24/2021, effective 06/26/2021 through 11/05/2021 DFW 60-2021, temporary amend filed 05/06/2021, effective 05/10/2021 through 11/05/2021 DFW 78-2019, temporary amend filed 06/18/2019, effective 12/17/2019 through 12/31/2019 DFW 77-2019, temporary amend filed 06/18/2019, effective 06/20/2019 through 12/16/2019 DFW 87-2018, temporary amend filed 07/05/2018, effective 07/09/2018 through 12/31/2018 Reverted to DFW 164-2015, f. 12-9-15, cert. ef. 1-1-16 DFW 164-2015, f. 12-9-15, cert. ef. 1-1-16 DFW 118-2016(Temp), f. 9-14-16, cert. ef. 9-16-15 thru 12-31-16
635-005-0390 Clams and Mussels for Bait (1) Clams and mussels taken as bait must be visibly dyed with a Department approved dye. (2) Dyeing must occur before leaving the harvest area, before being transported by vehicle, or before the time of docking of the vessel used in harvesting. (3) Clams and mussels taken for bait may not be possessed aboard a vessel while clams and mussels for human consumption are on board. Upon leaving the vessel or the harvest area, clams and mussels taken as bait may not be mixed with clams and mussels taken for human consumption. (4) Prior to sale, clams or mussels taken from restricted areas and live boxed must be stored in a restricted area pending sale. "Restricted area" means an area closed or prohibited to commercial harvest of shellfish by the Oregon Department of Agriculture for the harvest of clams, mussels or other shellfish for human consumption by commercial shellfish harvesters, and "live boxed" means any type of container used to hold or store shellfish in the water. (5) Clams or mussels taken for human consumption and later sold as bait must be dyed at the time of sale to a wholesale fish dealer or wholesale fish bait dealer. (6) Clams and mussels harvested for bait must be sold to a wholesale fish dealer or wholesale fish bait dealer within 48 hours of end of harvest. 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
635-005-0395 Organization of Rules for Commercial Crab Fisheries The Crab Section includes regulations for the ocean Dungeness, Bay and Estuary Dungeness and Red Rock, Box, Tanner and Other Crab 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
635-005-0400 Ocean Dungeness Crab Fishery Defined “Ocean Dungeness crab fishery” means all fishing for Dungeness crab (Cancer magister) in the Pacific Ocean and Columbia River 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
635-005-0415 Eligibility Requirements for a Ocean Dungeness Crab Permit (1) Vessels or vessel owners must meet eligibility requirements for an Ocean Dungeness Crab Permit pursuant to ORS 508.931. (2) An individual licensed under ORS 508.235 or a commercial licensed vessel under ORS 509.260, except as otherwise stated in section 3 of this rule, is eligible to obtain an Ocean Dungeness Crab Permit required by OAR 635-005-0405 by renewal of the previous year’s permit as specified in OAR 635-005-0430. For the purposes of eligibility for an Ocean Dungeness Crab Permit, a vessel which received a license waiver issued pursuant to ORS 508.808 shall be considered as having possessed a boat license for that year. (3) ORS 508.931 and 508.941 require that the vessel be previously licensed in accordance with ORS 508.260 for the purposes of initial eligibility for an Ocean Dungeness Crab Permit. "Initial eligibility for vessels to participate" for the purposes of application for an Ocean Dungeness Crab Permit pursuant to ORS 508.931, means eligibility of a vessel on which to make permit application is confined to vessels which have never obtained an initial permit. A Single Delivery License shall not be substituted for a boat license for this purpose. (4) 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 & 508.931 History: DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12