reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0395 - Organization of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Crab Section includes regulations for the ocean Dungeness,
				Bay and Estuary Dungeness and Red Rock, Box, Tanner and Other Crab
				Fisheries.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0400 - Fishery Defined

Current through Register Vol. 63, No. 7, July 1, 2024
"Ocean Dungeness crab fishery" means all fishing for Dungeness
				crab (Cancer magister) in the Pacific Ocean and Columbia River for commercial
				purposes.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0410 - Permit Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The annual fee
			 for a Resident Ocean Dungeness Crab Permit is $200.00 (plus a $2.00 license
			 agent fee) for resident applicants and $250.00 (plus a $2.00 license agent fee)
			 for non-resident applicants. See ORS
			 508.941.
(2) A fee of $100.00 shall be charged for
			 each transfer of participation rights under OAR
			 635-005-0440. See ORS
			 508.936.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129, Other SB 247
				  (2015)
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0415 - Eligibility Requirements for a Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(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 ORS
			 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.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109,
				  506.129 &
				  508.931
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0420 - Revocation and Refusal to Issue Permits

Current through Register Vol. 63, No. 7, July 1, 2024
The Commercial Fishery Permit Board may revoke and refuse
				subsequent issuance of an Ocean Dungeness Crab Permit pursuant to ORS
				508.485 and
				508.490.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0425 - Review of Denials

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 individual whose application for issuance, renewal or transfer of an Ocean
			 Dungeness Crab Permit established pursuant to OAR
			 635-005-0405,
			 635-005-0430 and
			 635-005-0440 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 of an Ocean
			 Dungeness Crab Permit shall be pursuant to ORS
			 508.941.
(2) For the ocean Dungeness crab fishery, a
			 permit holder may request review of the Department's initial Dungeness crab
			 gear allocation, the Department's denial of replacement of lost buoy tags, or
			 denial of permit renewal by doing so in writing to the Commercial Fishery
			 Permit Board. The Board may:
(a) Adjust the
			 amount of Dungeness crab gear allocated to a permit:
(A) Based on additional landings
			 documentation supplied by permit holder according to criteria under OAR
			 635-005-0405(5);
			 or
(B) Based on circumstances
			 during the qualifying seasons described in OAR
			 635-005-0405(5),
			 a Dungeness crab gear allocation may be increased by one tier as described
			 under 635-005-0405(5)
			 as a result of undue hardship as defined in OAR
			 635-005-0240.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0430 - Renewal of Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 individual who obtained a limited entry Ocean Dungeness Crab Permit may renew
			 the permit pursuant to ORS
			 508.941 by submitting to the
			 Department a $200.00 (plus a $2.00 license agent fee) for resident applicants
			 and a $250.00 fee (plus a $2.00 license agent fee) for non-resident applicants
			 and a complete application date-stamped or postmarked by December 31 of the
			 year for which renewal is sought.
(2) An application for renewal of an Ocean
			 Dungeness Crab Permit shall be considered complete if it is legible, has all
			 information requested in the form, and is accompanied by the required fee in
			 full. Any application which is not complete shall be returned, and unless it is
			 thereafter resubmitted and deemed complete by December 31 of the permit year
			 sought, the individual shall not be considered to have applied for renewal in a
			 timely manner.
(3) It is the
			 responsibility of the permittee to ensure 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.
(4) A permit
			 which is not renewed by December 31 lapses, and shall not be renewed for
			 subsequent years.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129, Other SB 247
				  (2015)
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0435 - Lottery for Limited Entry Ocean Dungeness Crab Permits

Current through Register Vol. 63, No. 7, July 1, 2024
There is no lottery system for the issuance of Ocean Dungeness
				Crab Permits.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0440 - Transferability of Ocean Dungeness Crab Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any transfer of a permit away from a
			 vessel without the written consent of each person holding a security interest
			 in such vessel is void.
(2) Ocean
			 Dungeness Crab Permit holders may transfer a permit:
(a) Pursuant to ORS
			 508.936; and
(b) Once in an 18-month period, provided the
			 vessel holding the permit has landed at least 500 pounds of ocean Dungeness
			 crab into Oregon in each of two ocean Dungeness crab fishing seasons in the
			 last five ocean Dungeness crab fishing seasons, which includes landings made
			 during any season open at the time of application. However, the Board may waive
			 the landing requirement as well as the 18-month waiting period for transfers,
			 if the Board finds strict adherence to this requirement was not met by the
			 individual seeking to transfer a permit as a result of undue hardship as
			 defined in OAR 635-005-0240. The Board also may
			 delegate to the Department its authority to waive these requirements in such
			 specific instances as the Board sets forth in a Letter of Delegation to the
			 Department.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0445 - Logbook Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall make available a logbook to each licensed commercial fishing
			 vessel which holds a valid Ocean Dungeness Crab Permit.
(2) The 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.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0450 - Vessel Length Modification in Ocean Dungeness Crab Fishery

Current through Register Vol. 63, No. 7, July 1, 2024
No vessel holding an Ocean Dungeness Crab Permit may be
				modified to increase its length by more than 10 feet during any 60-month
				period. If a permitted vessel is modified, the owner shall promptly notify the
				Department and the 60-month period shall begin on the date the Department
				receives notification.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109,
				  506.129 &
				  508.936
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0455 - License Limitation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the
			 event that a license limitation measure is adopted by the Commission, August
			 14, 1991, shall be used as the eligibility date for participation in the
			 Dungeness crab fishery.
(2) In the
			 event that a license limitation measure in addition to any limitation
			 established under section (1) of this rule is adopted by the Commission for the
			 late season, participation in the Ocean Dungeness Crab Fishery after August 14,
			 2018 shall not be used to determine eligibility for participation in the late
			 season Dungeness crab fishery. For the purposes of this rule, "late season"
			 means all or any part of the season occurring between April 1 and August
			 14.
Statutory/Other Authority: ORS
				  506.036, ORS
				  506.109, ORS
				  506.119 & ORS
				  506.129
Statutes/Other Implemented: ORS
				  506.109, ORS
				  506.129 & ORS
				  506.931
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0460 - Harvest Areas - Dungeness Crab Fishery

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Oregon Dungeness crab permits are valid
			 only in Oregon state waters and the Pacific Ocean in federal waters south of an
			 east-west line extending westward at 46º 15' 00" North Latitude
			 (Oregon/Washington border) and north of an east-west line at 42º 00' 00"
			 North Latitude (Oregon/California border).
(2) From May 1 through August 14 it is
unlawful
to place, operate, or leave commercial Dungeness crab
			 gear seaward of the 40 fathom depth contour (defined by latitude and longitude)
			 as shown in Title 50 Code of Federal Regulations Part 660 Section 71. Any
			 commercial Dungeness crab gear found seaward of the 40 fathom depth contour
			 from May 21 through August 14 shall be considered derelict and may be retrieved
			 per 635-005-0490.
Statutory/Other Authority: ORS
				  506.036,
				  506.119 &
				  506.129
Statutes/Other Implemented: 506.129 & ORS
				  506.109
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0465 - Closed Season in Pacific Ocean and Columbia River

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is unlawful
			 to take, land or possess Dungeness crab for commercial purposes from the
			 Pacific Ocean or Columbia River from August 15 through December 1, 08:59
			 AM.
(2) The season opening for the
			 commercial Ocean Dungeness crab fishery may be delayed in one or more fishing
			 zones based on the results of crab quality testing. The Pre-season Testing
			 Protocol for the Tri-State Coastal Dungeness crab Commercial Fishery
			 (hereafter, "Tri-State Protocol") specifies the process for establishing
			 fishing zones (section VI) and coordinating the opening of the fishery in
			 Washington, Oregon, and California north of Point Arena (sections IV and V).
			 Therefore, the following sections of the Tri-State Protocol (May 2020) are
			 hereby incorporated into Oregon Administrative Rule by reference:
(a) Section IV - Season Opening
			 Criteria.
(b) Section V - Test
			 Fishing and Process for Setting the Season Opening Date.
(c) Section VI - Procedure for Establishing
			 Fishing Zones. As used in the Tri-State Protocol "fishing" means any operation
			 of Dungeness crab fishing gear to take, possess on board, or land Dungeness
			 crab for commercial purposes, except setting Dungeness crab gear for another
			 vessel as allowed per OAR
			 635-005-0405(1).
			 In the event that crab quality tests do not meet the criteria for opening the
			 season on December 1, the Director shall adopt temporary rules delaying the
			 season in accordance with the Tri-State Protocol.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0466 - Dungeness Crab Closure or Evisceration Requirement Based on Biotoxin Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, unless context requires otherwise, the following
			 definitions apply:
(a) "Biotoxin management
			 zone" means one or more harvest areas that due to test results the Oregon
			 Department of Agriculture, in order to protect public health from domoic acid
			 or other biotoxin concerns, has so designated in accordance with OAR
			 603-025-0410.
(b) "Harvest area" means a section of waters
			 of this state or the Pacific Ocean off Oregon delineated for crab traceability
			 purposes in accordance with OAR
			 635-006-0201.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0470 - Possession and Landing Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 It is unlawful, from the second Monday in June through August 14, for any
			 permitted ocean Dungeness crab vessel to take, land or possess more than 1,200
			 pounds of Dungeness crab per week from the Pacific Ocean and Columbia River.
			 "Week" means the period beginning 12:01 a.m. local time Monday through 12
			 midnight Sunday.
(2) Commercial
			 fishers must retain copies of fish landing receipts for a minimum of 90 days on
			 board vessels landing Dungeness crab under the cumulative catch limit described
			 in section (1) of this rule. The receipts must be available for inspection by
			 authorized enforcement officials and by employees of the Department. Legal
			 landing receipts are defined in OAR
			 635-005-0240.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109,
				  506.129 &
				  506.306
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0475 - Dungeness Crab Gear Specifications

Current through Register Vol. 63, No. 7, July 1, 2024
It is unlawful for commercial purposes to:
(1) Take crab by any means other than crab
			 pots or crab rings as defined in OAR
			 635-005-0240.
(2) Possess on a vessel, use, control, or
			 operate any crab pot which is greater than thirteen cubic feet in volume,
			 calculated using external dimensions.
(3) Possess on a vessel, use, control, or
			 operate any crab pot which does not include a minimum of two circular escape
			 ports of at least 4-1/4 inches inside diameter, located on the top or side of
			 the crab pot. If escape ports are placed on the side of the crab pot, they
			 shall be located in the upper half of the pot.
(4) Possess on a vessel, use, control, or
			 operate any crab pot which does not have a release mechanism. Acceptable
			 release mechanisms are:
(a) A single loop of
			 untreated cotton not heavier than 120 thread size between crab pot lid tiedown
			 hooks and the tiedown straps; or
(b) Any modification of the wire mesh on the
			 top or upper half of the side of the crab pot, secured with a single strand of
			 untreated cotton not heavier than 120 thread size, which, when removed, will
			 create a minimum opening of at least 5 inches in diameter and will meet the
			 following:
(A) The minimum opening may have
			 not more than a single wire mesh (described as a "V") that protrudes into the
			 opening provided that mesh extends into the opening a distance of not more than
			 2.5 inches, as measured from the perimeter of the opening along either edge of
			 the protruding wire mesh, to serve as an anchor for the securing cotton. The
			 panel containing the opening and the wire mesh acting as an anchor for the
			 securing cotton must be constructed of a single wire no greater than
			 0.050inches in diameter.
(B) Cotton
			 must not be wrapped multiple times around wire mesh and may use no more than
			 one knot securing the wire mesh at each end.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0485 - Dungeness Crab Gear Prohibitions

Current through Register Vol. 63, No. 7, July 1, 2024
It is
unlawful
for commercial purposes
				to:
(1) Place, operate, or leave
			 Dungeness crab gear in the Pacific Ocean, Columbia River or in any bay or
			 estuary during the closed season, except that in only the Pacific Ocean and
			 Columbia River, Dungeness crab gear may be placed no more than 73 hours
			 immediately prior to the date the Dungeness crab season opens.
(2) Have Dungeness crab gear deployed in the
			 Pacific Ocean or Columbia River more than 14 days without making a landing of
			 Dungeness crab.
(3) Remove, damage,
			 or otherwise tamper with crab buoy, pot or ring tags except:
(a) When lawfully applying or removing tags
			 on the vessel's buoys, pots or rings; or
(b) When lawfully removing tags on crab gear
			 retrieved under a Post-Season Derelict Gear Permit pursuant to OAR
			 635-005-0491 and after the gear
			 has been registered by state officials.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0490 - Derelict Dungeness Crab Gear

Current through Register Vol. 63, No. 7, July 1, 2024
Derelict Dungeness crab gear may be retrieved from the ocean,
				including the Columbia River, and transported to shore provided that:
(1) The retrieving vessel holds a valid boat
			 license, issued pursuant to ORS
			 508.260, and the captain and
			 crew of that vessel hold valid commercial fishing license(s), issued pursuant
			 to ORS 508.235.
(2) The number of derelict Dungeness crab
			 gear which may be retrieved per trip are as follows:
(a) From the opening of the ocean Dungeness
			 crab fishery in the area where retrieval takes place until the second Monday in
			 June of the same ocean Dungeness crab season: 25 derelict pots and rings in
			 aggregate;
(b) From the second
			 Monday in June through August 14: 50 derelict pots and rings in
			 aggregate;
(c) August 15 through
			 October 31: an unlimited number of derelict pots and rings may be
			 retrieved.
(d) Effective May 20
			 through August 14, under a waiver granted by the Department, the amount of
			 derelict gear specified on the waiver may be retrieved provided that:
(A) The vessel is operating under a state
			 contract to recover derelict gear;
(B) A waiver request is submitted in writing
			 to: Oregon Department of Fish and Wildlife, Marine Resources Program, 2040 SE
			 Marine Science Drive, Newport, OR 97365 or via email to
			 Kelly.C.Corbett@odfw.oregon.gov;
(C) The waiver is approved and issued prior
			 to retrieval efforts;
(D) A copy of
			 the waiver is on board the vessel during all gear recovery activities;
			 and
(E) The vessel operator
			 complies with all terms and conditions of the waiver.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0490 - Derelict Dungeness Crab Gear

Current through Register Vol. 63, No. 7, July 1, 2024
Derelict Dungeness crab gear may be retrieved from the ocean,
				including the Columbia River, and transported to shore provided that:
(1) The retrieving vessel holds a valid boat
			 license, issued pursuant to ORS
			 508.260, and the captain and
			 crew of that vessel hold valid commercial fishing license(s), issued pursuant
			 to ORS 508.235.
(2) The number of derelict Dungeness crab
			 gear which may be retrieved per trip are as follows:
(a) From the opening of the ocean Dungeness
			 crab fishery in the area where retrieval takes place until the second Monday in
			 June of the same ocean Dungeness crab season: 25 derelict pots and rings in
			 aggregate;
(b) From the second
			 Monday in June through August 14: 50 derelict pots and rings in
			 aggregate;
(c) August 15 through
			 October 31: an unlimited number of derelict pots and rings may be
			 retrieved.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0491 - Post-season Derelict Gear Recovery Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fifteen days after the close of ocean
			 commercial crab season, the Department may grant Post-Season Derelict Gear
			 Recovery Permits to commercial vessels, licensed pursuant to ORS
			 508.260, to recover Dungeness
			 crab gear that remains in the ocean.
(2) It is
unlawful
to fail
			 to follow the provisions of a Post-Season Derelict Gear Recovery
			 Permit.
(3) The Director or
			 Director's designee may grant emergency exemptions from the gear recovery
			 program for Dungeness crab gear that was unable to be removed from the ocean
			 prior to fifteen days after the end of the season as a result of undue hardship
			 as defined in OAR 635-005-0240. Requests for
			 exemptions must be submitted to the Marine Resources Program, Newport by August
			 29 of each year.
(4) The provisions
			 of ORS 98.005,
			 98.015,
			 98.025 and
			 98.302 to
			 98.436 do not apply to crab pots
			 removed from the ocean under the provisions of a Post-Season Derelict Gear
			 Recovery Permit.
(5) Dungeness crab
			 gear retrieved under the authority of a Post-Season Derelict Gear Recovery
			 Permit and not subject to emergency exemption under section (3) of this rule
			 may be disposed of at the permit holder's discretion after documenting
			 retrieval of the gear in accordance with permit conditions.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119,
				  506.129
Stats. Implemented: ORS
				  506.109,
				  506.129 &
				  506.306
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0495 - Size and Sex

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0500 - Fishery Defined

Current through Register Vol. 63, No. 7, July 1, 2024
"Bay and Estuary Dungeness crab fishery" means all fishing for
				Dungeness crab (Cancer magister) for commercial purposes in Oregon bays and
				estuaries, except the Columbia River.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0510 - Fishing Gear In Bays and Estuaries

Current through Register Vol. 63, No. 7, July 1, 2024
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 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
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0515 - Size and Sex

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0520 - Fishery Defined

Current through Register Vol. 63, No. 7, July 1, 2024
"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.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0525 - Permits Required for Red Rock Crab and Box Crab

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109,
				  506.129,
				  506.306,
				  508.116 &
				  508.926
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0530 - Tanner and Box Crab Taken in Trawl Nets

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0535 - Closed Season

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109,
				  506.129 &
				  506.306
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0540 - Fishing Gear

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0545 - Fishing Area

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109,
				  506.129 &
				  506.306
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0550 - Size and Sex

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0555 - Incidental Catch Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0560 - Tanner Crab Notification of Activity

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0565 - Logbook Required

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0570 - Organization of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Shrimp Section includes regulations for the Pink Shrimp,
				Spot and Coonstripe Shrimp, and Brine Shrimp fisheries.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0575 - Fishery Defined

Current through Register Vol. 63, No. 7, July 1, 2024
"Pink shrimp fishery" means the commercial fishery targeting
				smooth pink or ocean shrimp (Pandalus jordani) in the Pacific
				Ocean.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0580 - Requirement for Pink Shrimp Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109,
				  506.129,
				  506.306 &
				  508.880
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0585 - Permit Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The annual fee
			 for a Pink Shrimp Permit is $200.00 (plus a $2.00 license agent fee) for
			 resident applicants and $250.00 (plus a $2.00 license agent fee) for
			 non-resident applicants. See ORS
			 508.901.
(2) A fee of $100.00 shall be charged for
			 each transfer of participation rights under OAR
			 635-005-0615. See ORS
			 508.907.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129, Other SB 247
				  (2015)
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0590 - Eligibility Requirements for a Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0595 - Revocation and Refusal to Issue Permits

Current through Register Vol. 63, No. 7, July 1, 2024
The Commercial Fishery Permit Board may revoke and refuse
				subsequent issuance of a Pink Shrimp Permit pursuant to ORS
				508.898.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109,
				  506.129 &
				  508.898
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0600 - Review of Denials

Current through Register Vol. 63, No. 7, July 1, 2024
(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
			 $125.00non-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.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109,
				  506.129 &
				  508.910
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0605 - Renewal of Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pink Shrimp
			 Permits may be renewed the following year by submitting to the Department a
			 $200.00 fee (plus a $2.00 license agent fee) for resident applicants and a
			 $250.00 fee (plus a $2.00 license agent fee) for non-resident applicants and a
			 complete application date-stamped or postmarked by December 31 of the year the
			 permit is sought for renewal.
(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, and is accompanied
			 by the required fee in full. Any application which is not complete shall be
			 returned, and unless it is thereafter resubmitted and deemed complete by
			 December 31 of the permit year sought, the individual shall not be considered
			 to have applied for renewal in a timely manner.
(3) It is the responsibility of the permittee
			 to ensure that an application is complete and is filed in a timely manner.
			 Failure of the Department to return an application for incompleteness or of an
			 individual to receive a returned application shall not be grounds for treating
			 the application as having been filed in a timely and complete manner.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129, Other SB 247
				  (2015)
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0610 - Lottery for Limited Entry Pink Shrimp Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(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 ORS
			 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.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0615 - Transferability of Pink Shrimp Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0620 - Logbook Required

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109 &
				  506.129