Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0240 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in Division 005 regulations:
(1) "Animals living intertidally on the
			 bottom" means any benthic animal with a natural range that includes intertidal
			 areas, regardless of where harvest occurs, and includes but is not limited to,
			 starfish, sea urchins, sea cucumbers, snails, bivalves, worms, coelenterates,
			 and crabs except Dungeness crab.
(2) "Bait" means food fish not harvested for
			 human consumption.
(3) "Board"
			 means the Commercial Fishery Permit Board.
(4) "Buy" includes offer to buy, barter,
			 exchange or trade.
(5)
			 "Catastrophic loss" means direct loss of non-deployed gear in the event of a
			 vessel being destroyed due to fire, capsizing, or sinking. Documentation of a
			 catastrophic loss may include any information the Department considers
			 appropriate, such as fire department or US Coast Guard reports.
(6) "Commercial landing cap" means the total
			 landed catch of a given species, or species group, that may be taken in a
			 single calendar year in Oregon commercial fisheries.
(7) "Commercial purposes" means taking food
			 fish with any gear unlawful for angling, or taking or possessing food fish in
			 excess of the limits permitted for personal use, or taking, fishing for,
			 handling, processing, or otherwise disposing of or dealing in food fish with
			 the intent of disposing of such food fish or parts thereof for profit, or by
			 sale, barter or trade, in commercial channels, as specified in ORS
			 506.006.
(8) "Commission" means the State Fish and
			 Wildlife Commission created by ORS
			 496.090.
(9) "Crab pot" means any portable, enclosed
			 device used to take crab with one or more gates or entrances that allows crab
			 restricted entry and exit, and has a line attached to surface floats.
(10) "Crab ring" means any fishing device
			 used to take crab that allows crab unrestricted entry or exit while fishing,
			 and has a line attached to surface floats.
(11) "Department" means the State Department
			 of Fish and Wildlife.
(12)
			 "Derelict Dungeness crab gear" means Dungeness crab gear which was lost,
			 forgotten, damaged, abandoned or otherwise deserted.
(13) "Director" means the Director of the
			 Oregon Department of Fish and Wildlife appointed pursuant to ORS
			 496.112.
(14) "Dive gear" means gear used while a
			 fisher is submerged underwater in order to take food fish, and includes but is
			 not limited to one or more of the following equipment: SCUBA or other surface
			 supplied air source (hookah gear), dive mask, snorkel, air cylinders, weight
			 belt, wetsuit and fins.
(15)
			 "Dungeness crab gear" means crab pots, crab rings or a combination thereof used
			 for taking Dungeness crab.
(16)
			 "Exclusive Economic Zone" means the zone between 3-200 nautical miles offshore
			 of the United States.
(17) "Fishing
			 gear" means, as specified in ORS
			 506.006, any appliance or device
			 intended for or capable of being used to take food fish for commercial
			 purposes, and includes:
(a) "Fixed gear"
			 means longline, trap or pot, set net, and stationary hook-and-line (including
			 vertical hook-and-line) gears;
(b)
			 "Gillnet" has the meaning as set forth in OAR
			 635-042-0010;
(c) "Hook-and-line" means one or more hooks
			 attached to one or more lines;
(d)
			 "Lampara net" means a surrounding or seine net with the sections of netting
			 made and joined to create bagging, and is hauled with purse rings;
(e) "Longline" means a stationary buoyed, and
			 anchored groundline with hooks attached;
(f) "Mesh size" means the opening between
			 opposing knots. Minimum mesh size means the smallest distance allowed between
			 the inside of one knot to the inside of the opposing knot regardless of twine
			 size;
(g) "Pot or trap" means a
			 portable, enclosed device with one or more gates or entrances and one or more
			 lines attached to surface floats;
(h) "Purse seine" means a floated and
			 weighted encircling net that is closed by means of a purse line threaded
			 through rings attached to the bottom of the net. Purse seine gear includes, but
			 is not limited to, ring net, drum purse seine, and lampara nets;
(i) "Seine" means any non-fixed net other
			 than a trawl or gillnet and includes all types of purse seines;
(j) "Setline" means a bottom longline used in
			 rivers and estuaries for targeting white sturgeon;
(k) "Set net" means a stationary, buoyed and
			 anchored gillnet or trammel net which takes fish commonly by gilling and is not
			 free to move or drift with the current or tide;
(l) "Spear" means a sharp, pointed, or barbed
			 instrument on a shaft;
(m) "Trammel
			 net" means a gillnet made with two or more walls joined to a common float
			 line;
(n) "Trawl gear" means a cone
			 or funnel-shaped net which is towed or drawn through the water by one or two
			 vessels, and includes but is not limited to beam trawl, bobbin or roller trawl,
			 bottom trawl, pelagic trawl and Danish and Scottish seine gear;
(o) "Troll" means fishing gear that consists
			 of one or more lines that drag hooks with bait or lures behind a moving fishing
			 vessel, and which lines are affixed to the vessel and are not disengaged from
			 the vessel at any time during the fishing operation; and
(p) "Vertical hook and line" means a line
			 attached to the vessel or to a surface buoy vertically suspended to the bottom
			 by a weight or anchor, with hooks attached between its surface and bottom
			 end.