reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 4 - COMMERCIAL FISHERIES OTHER THANSALMON OR SHELLFISH › Section 635-004-0625 - Logbook Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall make available a logbook to each commercial fishing vessel
			 licensed to harvest hagfish.
(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 4 - COMMERCIAL FISHERIES OTHER THANSALMON OR SHELLFISH › Section 635-004-0630 - Fishery Defined

Current through Register Vol. 63, No. 7, July 1, 2024
"Sturgeon fishery" means the commercial fishery for white
				sturgeon (Acipenser transmontanus) in the areas outlined in OAR
				635-004-0635.
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 4 - COMMERCIAL FISHERIES OTHER THANSALMON OR SHELLFISH › Section 635-004-0635 - Closures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is unlawful
			 to take, land or possess white sturgeon (Acipenser transmontanus) for
			 commercial purposes except in the:
(a)
			 Columbia River, in the areas and during the times open to the taking of
			 sturgeon for commercial purposes as provided in OAR
			 635-042-0135;
(b) Coquille and Siuslaw, in the areas and
			 during the times open to the taking of shad for commercial purposes as provided
			 in OAR 635-004-0595; and
(c) The Pacific Ocean at all times.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 4 - COMMERCIAL FISHERIES OTHER THANSALMON OR SHELLFISH › Section 635-004-0640 - Fishing Gear

Current through Register Vol. 63, No. 7, July 1, 2024
It is unlawful to take sturgeon for commercial purposes by any
				means other than the commercial fishing gear authorized in the fishing area in
				which the sturgeon are taken, except setlines are permitted in the Columbia
				River.
Stat. Auth.: ORS
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109,
				  506.119,
				  506.129 &
				  506.306
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 4 - COMMERCIAL FISHERIES OTHER THANSALMON OR SHELLFISH › Section 635-004-0645 - Size Limit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in OAR 635-007-0700 through
			 635-007-0720 it is unlawful to:
(a) Take from the waters of this state or to
			 land sturgeon for commercial purposes less than 43 inches or more than 54
			 inches in fork length;
(b) Remove
			 the head or tail of any sturgeon taken from the waters of this state or landed
			 for commercial purposes prior to being received at the premises of a wholesale
			 fish dealer or canner; or
(c) To
			 possess, sell, or transport any whole sturgeon under four feet in length taken
			 for commercial purposes in the waters of this state or the Pacific Ocean. Proof
			 of possession, sale, or transportation of any dressed sturgeon under 28 inches
			 in length exclusive of head and tail shall in itself create a permissible
			 inference that the dressed sturgeon was under 43 inches in fork length at the
			 time it was taken.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 4 - COMMERCIAL FISHERIES OTHER THANSALMON OR SHELLFISH › Section 635-004-0650 - Surfperch Fishery Defined

Current through Register Vol. 63, No. 7, July 1, 2024
"Surfperch fishery" means the commercial fisheries for calico
				surfperch (Amphistichus koelzi); redtail surfperch (A. rhodoterus); kelp perch
				(Brachyistius frenatus); shiner perch (Cymatogaster aggregata); striped
				seaperch (Embiotoca lateralis); spotfin surfperch (Hyperprosopon anale);
				walleye surfperch (H. argenteum); silver surfperch (H. ellipticum); white
				seaperch (Phanerodon furcatus); and pile perch (Rhacophilus vacca) in the
				Pacific Ocean.
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 4 - COMMERCIAL FISHERIES OTHER THANSALMON OR SHELLFISH › Section 635-004-0655 - Closed Surfperch Season

Current through Register Vol. 63, No. 7, July 1, 2024
It is unlawful to take surfperch for commercial purposes from
				the Pacific Ocean from August 1 through September 30.
Statutory/Other Authority: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Statutes/Other Implemented: ORS
				  506.109,
				  506.129 &
				  506.306
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 4 - COMMERCIAL FISHERIES OTHER THANSALMON OR SHELLFISH › Section 635-004-0660 - Fishery Defined

Current through Register Vol. 63, No. 7, July 1, 2024
"Minor finfish fisheries" means the commercial fisheries for
				the species listed in OAR
				635-004-0665.
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 4 - COMMERCIAL FISHERIES OTHER THANSALMON OR SHELLFISH › Section 635-004-0665 - Minor Finfish Species

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following list of species is recognized by the Department as minor finfish
			 species:
(a) Blue shark (
Prionace
			 glauca
);
(b) Eelpouts
			 (family
Zoarcidae
);
(c) Pacific pomfret (
Brama
			 japonica
);
(d) Pacific
			 sandfish (
Trichodon trichodon
);
(e) Salmon shark (
Lamna
			 ditropis
);
(f) Skilfish
			 (Erilepis zonifer);
(g) Slender
			 sole (
Eopsetta exilis
);
(h) Walleye pollock (
Theragra
			 chalcogramma
); and
(i)
			 Wolf-eel (
Anarrhichthys ocellatus
).
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 4 - COMMERCIAL FISHERIES OTHER THANSALMON OR SHELLFISH › Section 635-004-0670 - Logbook Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall make available a logbook to each commercial fishing vessel
			 licensed to harvest any minor finfish species included in OAR
			 635-004-0665.
(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.
(6) Those species listed in OAR
			 635-004-0665 are exempt from the
			 logbook requirements of this rule when taken as a 'weighback species,' pursuant
			 to OAR 635-006-0210.
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 4 - COMMERCIAL FISHERIES OTHER THANSALMON OR SHELLFISH › Section 635-004-0675 - Fishery Defined

Current through Register Vol. 63, No. 7, July 1, 2024
"Intertidal Animal Fishery" means the commercial fisheries for
				animals living intertidally on the bottom.
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 4 - COMMERCIAL FISHERIES OTHER THANSALMON OR SHELLFISH › Section 635-004-0680 - Permit Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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 Permit issued by the Department pursuant to OAR
			 635-005-0245.
(2) The Commercial Shellfish And Intertidal
			 Animal Permit is in addition to, and not in lieu of a commercial fishing
			 license, bait fishing license or boat license required by ORS
			 508.235,
			 508.312 and
			 508.260.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109,
				  506.129,
				  506.306 &
				  508.116
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 4 - COMMERCIAL FISHERIES OTHER THANSALMON OR SHELLFISH › Section 635-004-0685 - Permit Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The annual fee
			 for the Commercial Shellfish And Intertidal Animal Harvest Permit is $125.00
			 (plus a $2.00 license agent fee) for Resident applicants. The annual fee for
			 Nonresident applicants is $175.00 (plus a $2.00 license agent fee).
(2) Commercial Shellfish And Intertidal
			 Animal Permits are only available at the Astoria, Newport and Charleston
			 Department field offices.
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 4 - COMMERCIAL FISHERIES OTHER THANSALMON OR SHELLFISH › Section 635-004-0690 - Logbook Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall make available a logbook to each licensed commercial fisher
			 who holds a valid Commercial Shellfish And Intertidal Animal 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, 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 635-005-0225 - Organization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This Division
			 is organized into the following major shellfish and invertebrate fishery
			 sections:
(a) Clam and Intertidal Section,
			 including the following fisheries:
(A) Marine
			 Snail and Abalone Fishery;
(B)
			 Piddock Fishery;
(C) Bay Clam Dive
			 Fishery; and
(D) Intertidal Animal,
			 Mussel and Clam Commercial Fisheries.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0230 - Licensing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109,
				  506.129,
				  508.025,
				  508.235,
				  508.260,
				  508.300,
				  508.306 &
				  508.312
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0235 - Authority of Enforcement in Fishery Conservation Zone and Exclusive Economic Zone

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 506.750 through
			 506.755, regulations including
			 but not limited to inspection of catch, methods fishing, gear restrictions,
			 seasons, closures and restricted areas are applicable in the Fishery
			 Conservation Zone (0-50 miles offshore of Oregon), and federal commercial
			 fishing regulations are applicable in the Exclusive Economic Zone (3-200 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.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119,
				  506.129&506.755
Stats. Implemented: ORS
				  506.109,
				  506.129,
				  506.501,
				  506.511,
				  506.521,
				  506.750 &
				  506.755
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0245 - Commercial Shellfish And Intertidal Animal Harvest Permit Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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 ORS
			 508.116. Permit holders are
			 required to comply with the conditions contained on their permit.
(2) A Commercial Shellfish And Intertidal
			 Animal Harvest Permit is in addition to, and not in lieu of a commercial
			 fishing license, bait fishing license or boat license required by ORS
			 508.235,
			 508.312 and
			 508.260.
(3) A Commercial Shellfish And Intertidal
			 Animal Harvest Permit is not required to take, land or possess shellfish
			 legally taken in a fishery already requiring a separate permit, or the Bay and
			 Estuary Dungeness crab fishery.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109,
				  506.129 &
				  508.116
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0250 - Permit Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The annual fee
			 for the Commercial Shellfish And Intertidal Animal Harvest Permit is $125.00
			 (plus a $2.00 license agent fee) for Resident applicants. The annual fee for
			 Nonresident applicants is $175.00 (plus a $2.00 license agent fee).
(2) Commercial Shellfish And Intertidal
			 Animal Harvest Permits are only available at the Astoria, Newport and
			 Charleston Department field offices.
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 635-005-0255 - Additional License Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
Each harvester, distributor or processor of oysters, clams,
				mussels and scallops intended for human consumption must obtain a Shellfish
				Sanitation Certificate from the Oregon Department of Agriculture pursuant to
				ORS 622.080.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119,
				  506.129 &
				  622.080
Stats. Implemented: ORS
				  506.109,
				  506.129 &
				  622.080
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0260 - Closed Seasons and Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 It is unlawful to take for commercial purposes, the following from Marine
			 Management Areas described in the "Oregon Sport Fishing Regulations:"
(a) Shellfish and invertebrates in designated
			 Marine Gardens;
(b) Shellfish and
			 invertebrates in designated Marine Research Areas.
(c) Fish, shellfish and invertebrates in
			 designated Marine Conservation Areas, except:
(A) In the Ecola Point Marine Conservation
			 Area, fish may be taken.
(B) In the
			 Cape Lookout Marine Conservation, fish may be taken, and shellfish or
			 invertebrates may be taken from subtidal areas.
(C) In the Fogarty Creek Marine Conservation
			 Area, fish may be taken from shore.
(d) Fish, shellfish and invertebrates from
			 1000 feet around and including Pyramid Rock from May 1 through August
			 31.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0263 - Restrictions on Shared Ecosystem Component Species Applicable to All Commercial Fisheries

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0265 - Bait Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
It is
unlawful
to use lamprey as bait in any
				commercial fishery.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.036,
				  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 635-005-0270 - Same Trip Recreational and Commercial Fishing - When Unlawful

Current through Register Vol. 63, No. 7, July 1, 2024
(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 635-005-0275.
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 635-005-0275 - Commercial Shellfish and Marine Invertebrates Fishing Gear

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This regulation
			 lists a complete set of legal gear types and associated general restrictions to
			 take shellfish and marine invertebrates in the fisheries specified in this
			 Division. However, most individual fisheries listed in this Division are
			 restrained additionally by supplemental regulations specific to those
			 fisheries. Fishers should consult the specific section of the fishery they are
			 interested in for additional regulations.
(2) It is unlawful to possess, deploy, haul,
			 or carry on board a fishing vessel any fishing gear not listed in section (3)
			 of this rule, or fishing gear not in compliance with the restrictions listed in
			 section (4) of this rule, unless such gear is the gear of another vessel that
			 has been retrieved at sea and made inoperable or stowed in a manner not capable
			 of being fished. The disposal at sea of such gear is prohibited by Annex V of
			 the International Convention for the Prevention of Pollution From Ships, 1973
			 (Annex V of MARPOL 73/78).
(3) It
			 is unlawful to take shellfish and invertebrates for commercial purposes by any
			 means except:
(a) Hook-and-line gear,
			 including, but not limited to handline, pole-and-line, reel-and-line and
			 pole-reel-and-line;
(b) Longlines
			 and vertical hook and lines are permitted in the ocean;
(c) Pots or traps (including pot longline
			 gear) are permitted in the ocean;
(d) Rings;
(e) Dipnets of hoop or A-frame
			 design;
(f) Seines are permitted in
			 the ocean;
(g) Trawl gear is
			 permitted in the ocean;
(A) Trawl gear shall
			 not be used with any other gear type on a single fishing trip.
(h) Set nets are allowed with an
			 experimental gear permit pursuant to OAR
			 635-006-0020;
(i) Spear is permitted in the
			 ocean;
(j) Dive gear; or
(k) By hand or hand powered methods including
			 shovel, rake, and abalone iron.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0280 - Organization of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Administrative rules contained in OAR
				635-005-0285 and
				635-005-0290 shall apply to all
				fisheries in the Clam and Intertidal section, and are in addition to and not in
				lieu of Division 005 General Regulations contained in OAR
				635-005-0225 through
				635-005-0275. The Clam and
				Intertidal Section includes regulations for the Marine Snail and Abalone,
				Piddock, Bay Clam Dive and Intertidal Animal, Mussel and Clam Commercial
				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 635-005-0285 - Additional License Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
It is unlawful to take, distribute or process oysters, clams,
				mussels and scallops intended for human consumption without first obtaining a
				Shellfish Sanitation Certificate specified in OAR
				635-005-0255.
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 635-005-0290 - Closed Seasons and Areas

Current through Register Vol. 63, No. 7, July 1, 2024
It is unlawful to take for commercial purposes:
(1) Gaper clams from January 1 through June
			 30, except under a limited entry Bay Clam Dive Permit (OAR
			 635-005-0310) an incidental
			 catch of one gaper clam per eight butter clams, or 25 pounds of gaper clams per
			 100 pounds of butter clams, whichever allows the greater gaper clam incidental
			 catch.
(2) Razor clams from July 15
			 through September 30 in the area north of Tillamook Head in Clatsop
			 County.
(3) Any clams from:
(a) Little Nestucca Bay;
(b) Big Nestucca Bay;
(c) Netarts Bay, except cockles may be taken
			 in an area west of and including the main channel, north of the northern
			 boundary line for the Shellfish Preserve (Latitude 45°23.68'N), and south
			 of Latitude 45°24.71'N, near the informational kiosk;
(d) Salmon River and Bay;
(e) Siletz River and Bay; or
(f) All state parks south of Tillamook
			 Head.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0295 - Marine Snail Fishery Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0300 - Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
It is unlawful to take piddocks for commercial
				purposes.
Stat. Auth.: ORS
				  506.109,
				  506.129 &
				  506.306
Stats. Implemented: ORS
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0305 - Fishery Defined

Current through Register Vol. 63, No. 7, July 1, 2024
"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.
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 635-005-0310 - Requirement for Bay Clam Dive Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
unlawful
in the
			 bay clam dive fishery to:
(a) Take, land or
			 possess bay clams for commercial purposes, using dive gear, from subtidal areas
			 in any Oregon estuary north of Heceta Head without first obtaining a coast-wide
			 Bay Clam Dive Permit issued pursuant to OAR
			 635-005-0315 through OAR
			 635-005-0340.
(b) Take, land or possess bay clams for
			 commercial purposes, using dive gear, from subtidal areas in Oregon estuaries
			 south of Heceta Head without first obtaining either a coast-wide Bay Clam Dive
			 Permit or a south-coast Bay Clam Dive Permit issued pursuant to OAR
			 635-005-0315 through OAR
			 635-005-0340.
(c) For a wholesaler dealer, canner or buyer
			 to buy or receive bay clams taken in the bay clam dive fishery from a vessel or
			 person not issued the permit required by subsections (1)(a) or (1)(b) of this
			 rule.
(d) To take bay clams where
			 more than two divers operating from any one vessel were in the water at the
			 same time or where more than three persons without Bay Clam Dive Permits,
			 excluding persons authorized by the Department for the performance of official
			 duties, were on board any vessel while harvesting, possessing, or transporting
			 bay clams.
(e) To take clams
			 except under the terms and conditions specified in the permit. Permits may be
			 issued to mechanically harvest clams in subtidal areas by means of water jet or
			 other hand or handpowered tool. Application for such a permit must be written
			 and include a description of the specific areas where mechanical taking is
			 proposed and such other information as the Director shall require. Applications
			 should be mailed to: Marine Resources Program Office, Department of Fish and
			 Wildlife, 2040 SE Marine Science Drive, Newport, OR 97365.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0315 - Permit Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
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 635-005-0320 - Eligibility Requirements for a Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0325 - 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 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.
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 635-005-0330 - Renewal of Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0335 - Lottery for Limited Entry Bay Clam Dive Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
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 635-005-0340 - Transferability of Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0345 - Logbook Required

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
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 635-005-0350 - Size Limit

Current through Register Vol. 63, No. 7, July 1, 2024
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.
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 635-005-0355 - Catch Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In Tillamook
			 Bay, the annual commercial landing caps for clams harvested by the bay clam
			 dive fishery are as follows:
(a) 110,000
			 pounds for cockles;
(b) 260,000
			 pounds for gaper clams; and
(c)
			 260,000 pounds for butter clams.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0360 - Subtidal Clams for Bait

Current through Register Vol. 63, No. 7, July 1, 2024
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.
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 635-005-0365 - Fisheries Defined

Current through Register Vol. 63, No. 7, July 1, 2024
"Intertidal Animal, Mussel, and Clam Fisheries" means the
				commercial fisheries for any animal living intertidally on the
				bottom.
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 635-005-0370 - Permit Required

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109,
				  506.129,
				  506.306 &
				  508.116
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0375 - Logbook Required

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
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 635-005-0380 - Fishing Gear

Current through Register Vol. 63, No. 7, July 1, 2024
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.
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 635-005-0385 - Commercial Harvest of Mussels and Clams - Size Limit

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0387 - Catch Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0390 - Clams and Mussels for Bait

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