Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0405 - Requirement for Ocean Dungeness Crab Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
unlawful
to take,
			 land or possess Dungeness crab from the ocean Dungeness crab fishery without
			 first obtaining an Ocean Dungeness Crab Permit issued pursuant to ORS
			 508.931 or
			 508.941. An Ocean Dungeness Crab
			 Permit is not required for vessels that are engaged solely in setting gear for
			 a permitted vessel and which do not retrieve, retain or possess Dungeness
			 crab.
(2) It is
unlawful
for a wholesaler, canner, or buyer to buy or receive
			 Dungeness crab taken in the ocean Dungeness crab fishery from a vessel for
			 which the permit required by this rule has not been issued.
(3) If the Commission establishes a vessel
			 crab pot limitation or allocation system beyond the 2002-03 ocean Dungeness
			 crab season, August 14, 2001 is the control date for eligibility criteria
			 related to past participation in the ocean fishery.
(4) A Single Delivery License shall not be
			 substituted for an Ocean Dungeness Crab Permit. Once a vessel has obtained an
			 Ocean Dungeness Crab Permit, Dungeness crab may be landed by the vessel using a
			 combination of an Ocean Dungeness Crab Permit and a Single Delivery License in
			 lieu of a commercial fishing and boat license. However, crab may not be landed
			 more than twice in any one ocean Dungeness crab fishing season using Single
			 Delivery Licenses.
(5) Effective
			 December 1, 2006, the amount of Dungeness crab gear allocated to a permit
			 required under section (1) above will be determined as follows:
(a) The allocation will be based on
			 documented landings of ocean Dungeness crab into Oregon, Washington (excluding
			 landings from the Puget Sound Fishery), or California, using valid Oregon fish
			 receiving tickets, or equivalent valid documents from the states of Washington
			 or California, from December 1, 1995 through August 14, 2001;
(b) The Dungeness crab gear allocation will
			 be the highest number of pots and rings in aggregate the vessel qualifies for
			 during the six qualifying seasons, December 1 of one year through September 15
			 of the next year (except through August 14, in 2001);
(c) A Dungeness crab gear allocation of 200
			 shall be assigned to a permit with landings less than 15,020 pounds in the 1995
			 to 1996 season, and 4,010 pounds in the 1996 to 1997 season, and 5,170 pounds
			 in the 1997 to 1998 season, and 7,083 pounds in the 1998 to 1999 season, and
			 13,160 pounds in the 1999 to 2000 season, and 8,940 pounds in the 2000 to 2001
			 season;
(d) A Dungeness crab gear
			 allocation of 300 shall be assigned to a permit with minimum landings of 15,020
			 pounds in the 1995 to 1996 season, or 4,010 pounds in the 1996 to 1997 season,
			 or 5,170 pounds in the 1997 to 1998 season, or 7,083 pounds in the 1998 to 1999
			 season, or 13,160 pounds in the 1999 to 2000 season, or 8,940 pounds in the
			 2000 to 2001 season; and
(e) A
			 Dungeness crab gear allocation of 500 shall be assigned to a permit with
			 minimum landings of 89,020 pounds in the 1995 to 1996 season, or 35,180 pounds
			 in the 1996 to 1997 season, or 39,350 pounds in the 1997 to 1998 season, or
			 49,450 pounds in the 1998 to 1999 season, or 78,400 pounds in the 1999 to 2000
			 season, or 37,030 pounds in the 2000 to 2001 season.