reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0890 - Shellfish Aquaculture Fishery Defined

Current through Register Vol. 63, No. 7, July 1, 2024
"Shellfish aquaculture fishery" means the commercial
				cultivation of shellfish in waters of this state.
Statutory/Other Authority: ORS
				  506.036, ORS
				  506.119, ORS
				  506.129 & ORS
				  506.109
Statutes/Other Implemented: ORS
				  506.129 & ORS
				  506.109
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0895 - 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 issued pursuant to 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 635-005-0900 - Shellfish Import and Transfer Applications and Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is unlawful for any person to import
			 or transfer shellfish into or within this state for the purpose of planting or
			 to plant the same in the waters of this state without first having applied for
			 and obtained a permit to do so from the Director.
(2) Such application shall be provided by the
			 agency to be submitted by the applicant and shall include the following
			 information:
(a) Name of applicant;
(b) Facility and water body to be imported or
			 transported to;
(c) Name and
			 physical address or origin of transport;
(d) The maximum quantity to be imported or
			 transported;
(e) Species and size
			 to be imported or transported; and
(f) A notarized certification from an
			 approved shellfish pathologist at the time the shellfish are inspected,
			 declaring them to the best of their knowledge free from disease, infestation
			 pests, and other substances which might endanger shellfish in the waters of
			 this state.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0905 - Prohibited Activities in Restricted Shellfish Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All waters, tidelands, and shellfish
			 aquaculture handling facilities operated in conjunction with said water and
			 tidelands that have been identified as containing diseases, infestation pests
			 or other substances are defined as a restricted shellfish area.
(2) It is unlawful for any person to move or
			 transfer from a restricted shellfish area any shellfish, any marine organisms
			 or other material whatsoever adversely affecting shellfish, without first
			 obtaining a permit from the Director.
Statutory/Other Authority: ORS
				  506.036, ORS
				  506.119, ORS
				  506.129 & ORS
				  506.109
Statutes/Other Implemented: ORS
				  506.036, ORS
				  506.129 & ORS
				  506.109
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0910 - Oyster Seasons and Gear

Current through Register Vol. 63, No. 7, July 1, 2024
It is unlawful to take oysters for either personal use or
				commercial purposes from natural oyster beds located on unoccupied state
				lands.
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 635-005-0915 - Fishery Defined

Current through Register Vol. 63, No. 7, July 1, 2024
"Squid fishery" means the commercial fisheries for squid
				species in the orders Myopsida, Oegopsida and Sepioidea, including, but not
				limited to market squid (
Loligo opalescens
) and Humboldt squid
				(
Dosidicus gigas
). Some squid species classified within these
				orders are managed as Shared Ecosystem Component Species, for which directed
				fishing is prohibited. See OAR
				635-005-0263 and the Code of
				Federal Regulations, Part 660, Subpart B for regulations applicable to Shared
				Ecosystem Component Species.
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 635-005-0920 - Market Squid Fishery

Current through Register Vol. 63, No. 7, July 1, 2024
Market squid (Loligo opalescens) are federally managed by the
				Coastal Pelagic Species Fishery Management Plan, and are subject to all federal
				regulations adopted by reference in OAR
				635-004-0375.
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 635-005-0921 - Market Squid Fishery License Limitation

Current through Register Vol. 63, No. 7, July 1, 2024
If the Commission adopts a future license limitation measure,
				January 1, 2022 will be used as the control date for establishing eligibility
				related to past participation in the commercial market squid purse seine
				fishery.
Statutory/Other Authority: ORS
				  506.036, ORS
				  506.109, ORS
				  506.119 & ORS
				  506.129
Statutes/Other Implemented: ORS
				  506.109 & ORS
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0925 - Market Squid Harvest Guideline

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to reaching a harvest of 4.5 million pounds of squid,
				with not more than 3 million pounds taken north or south of Heceta Head, the
				Commission will hold a public hearing to evaluate the
				fishery.
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 635-005-0929 - Closed Season

Current through Register Vol. 63, No. 7, July 1, 2024
From 12:01 pm Friday through 11:59 am Sunday of any week, it is
				unlawful to:
(1) Take market squid for
			 commercial purposes using purse seine net, dipnet, or trawl net gear;
			 or
(2) Use light to attract market
			 squid for commercial purposes.
Statutory/Other Authority: ORS
				  496.138, ORS 508.036, ORS
				  506.109, ORS
				  506.119 & ORS
				  506.129
Statutes/Other Implemented: ORS
				  506.109, ORS
				  506.129, ORS
				  496.162, ORS
				  196.540, ORS
				  196.542, ORS
				  196.545, ORS
				  196.550 & ORS
				  196.555
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0930 - Logbook Required - Squid Fishery

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall make available a
			 logbook to each licensed commercial fishing vessel from which any species of
			 squid are taken, regardless of gear.
(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 from 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.
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 635-005-0931 - Fishing Gear - Squid Fishery

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 the purposes of OAR 635-005-0930 through
			 635-005-0922 and 635-012-0030 through
			 635-012-0150, "take" is defined
			 to include attracting any squid by light.
(2) It is unlawful to take market squid for
			 commercial purposes using a purse seine net that:
(a) Exceeds 1,800 feet in length;
(b) Exceeds 2,600 meshes in depth, excluding
			 chaffing strip and corkline strip;
(c) Exceeds 1 ¾ inch mesh size,
			 excluding chaffing strip and corkline strip;
(d) Has a chaffing strip or a corkline strip
			 that is more than 25 meshes wide;
(e) Has purse rings or a purse ring bridle
			 attached less than 36 inches above the lead line, except purse rings or purse
			 ring bridles may be attached less than 36 inches above the lead line within 60
			 feet of each end of the net;
(f) Is
			 not pursed using a rib line that is a minimum of 36 inches above the lead line;
			 or
(g) Is pursed using a steel
			 cable purse line.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0932 - Bycatch Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
For vessels using purse seine gear to take market squid, all
				groundfish and salmon, as defined by OAR
				635-004-0215, must be returned
				to the water immediately. Every effort must be made to dipnet salmon out of the
				seine net before they go through a pump system.
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 635-005-0933 - No Reduction Fishery Allowed

Current through Register Vol. 63, No. 7, July 1, 2024
No more than 10%, by weight, of a market squid landing may be
				used for the purposes of conversion into fish flour, fish meal, fish scrap,
				fertilizer, fish oil, other fishery products or by-products for purposes other
				than human consumption or fishing bait. Exceptions to this limit may be granted
				due to unforeseen circumstances with written authorization by the Director to
				avoid wastage of fish.
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 635-005-0935 - Fishery Defined

Current through Register Vol. 63, No. 7, July 1, 2024
"Octopus fishery" means the commercial fisheries for octopus
				species in the order Octopoda, including, but not limited to the Pacific giant
				octopus (
Enteroctopus dofleini
) and East Pacific red octopus
				(
Octopus rubescens
) in the Pacific Ocean.
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 635-005-0940 - 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 from which any species of octopus are taken, regardless of
			 gear.
(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 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0005 - Applicability of Regulation

Current through Register Vol. 63, No. 7, July 1, 2024
It is
unlawful
for any individual to take or
				land food fish from the waters of this state or the Pacific Ocean with fishing
				gear which does not meet the specifications, or is not operated as provided or
				authorized by statute or Department of Fish and Wildlife
				regulations.
Stat. Auth.: ORS 506
Stats. Implemented: ORS
				  506
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0010 - Possession of Unlawful Fishing Gear Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
It is
unlawful
to have on board any commercial
				fishing boat while fishing or landing food fish, taken for commercial purposes,
				any fishing gear which is not authorized by statute or Department of Fish and
				Wildlife regulation for use in any commercial fishing or which does not conform
				to the specifications established for such fishing gear.
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 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0015 - Personal Use Fishing with Commercial Fishing Gear Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with ORS
				508.240, it is
unlawful
to retain any species of food fish for personal use
				taken while fishing under a commercial fishing license. In addition, except as
				the Commission by rule may provide otherwise, it is
unlawful
to use commercial fishing gear to take any species of food fish for personal
				use.
Stat. Auth.: ORS
				  506.109, ORS
				  506.119, ORS
				  506.129 & ORS
				  508.240
Stats. Implemented: ORS
				  506.109, ORS
				  506.119, ORS
				  506.129& ORS
				  508.240
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0020 - Experimental Fishing Gear Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Director is authorized to issue experimental fishing gear permits for the
			 taking of food fish under the authority of ORS
			 508.106 provided the use of such
			 fishing gear is not otherwise prohibited by the commercial fishing
			 laws.
(2) Application for a permit
			 shall be in writing accompanied by a fee of $30.00 (plus a $2.00 license agent
			 fee) and shall include the species of fish to be taken, the method to be used,
			 and the name and location of the body of water from which the food fish are to
			 be taken.
(3) It is
unlawful
to use the experimental fishing gear in the waters of
			 this state or the Pacific Ocean except under the terms and conditions specified
			 in the permit.
Stat. Auth.: ORS
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109,
				  506.119 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0100 - Retail Fish Dealer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 license is required of a retail fish dealer.
(2) It is
unlawful
for a
			 retail fish dealer to have in possession any fresh food fish or shellfish
			 received from other than a wholesale fish dealer.
Stat. Auth.: ORS
				  506.109, ORS
				  506.119, ORS
				  506.129 & ORS 508
Stats. Implemented: ORS
				  506.109, ORS
				  506.119, ORS
				  506.129& ORS
				  508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0105 - Wholesale Fish Dealer

Current through Register Vol. 63, No. 7, July 1, 2024
A wholesale fish dealer license is required to perform any of
				the activities defined as a "wholesale fish dealer" under OAR
				635-006-0001.
Stat. Auth.: ORS
				  506.109, ORS
				  506.119, ORS
				  506.129 & ORS 508
Stats. Implemented: ORS
				  506.109, ORS
				  506.119, ORS
				  506.129& ORS
				  508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0110 - Food Fish Canner

Current through Register Vol. 63, No. 7, July 1, 2024
A food fish canner license is required to perform any of the
				activities defined as a "food fish canner" under OAR
				635-006-0001. This license is in
				lieu of, and not in addition to, a wholesale fish dealer
				license.
Stat. Auth.: ORS
				  506.109, ORS
				  506.119, ORS
				  506.129 & ORS 508
Stats. Implemented: ORS
				  506.109, ORS
				  506.119, ORS
				  506.129& ORS
				  508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0115 - Shellfish Canner

Current through Register Vol. 63, No. 7, July 1, 2024
A shellfish canner license is required to perform the
				activities defined as a "shellfish canner" under OAR
				635-006-0001. This license is in
				lieu of, and not in addition to, a wholesale fish dealer's
				license.
Stat. Auth.: ORS
				  506.109, ORS
				  506.119, ORS
				  506.129 & ORS 508
Stats. Implemented: ORS
				  506.109, ORS
				  506.119, ORS
				  506.129& ORS
				  508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0120 - Fish Buyer

Current through Register Vol. 63, No. 7, July 1, 2024
A fish buyer license is required to perform the activities
				defined as a "fish buyer" under OAR
				635-006-0001. This license is in
				addition to the wholesale fish dealer, fish canner, or shellfish canner's
				license.
Stat. Auth.: ORS
				  506.109, ORS
				  506.119, ORS
				  506.129 & ORS 508
Stats. Implemented: ORS
				  506.109, ORS
				  506.119, ORS
				  506.129& ORS
				  508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0125 - Fish-Buying Station

Current through Register Vol. 63, No. 7, July 1, 2024
A fish buyer license is required at the location where the
				activities defined as a "fishbuying station" under OAR
				635-006-0001 occurs. This
				license is in addition to the wholesale fish dealer, fish canner, or shellfish
				canner's license.
Stat. Auth.: ORS
				  506.109, ORS
				  506.119, ORS
				  506.129 & ORS 508
Stats. Implemented: ORS
				  506.109, ORS
				  506.119, ORS
				  506.129& ORS
				  508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0130 - Wholesale Fish Bait Dealer

Current through Register Vol. 63, No. 7, July 1, 2024
The sale of food fish or shellfish under a wholesale fish bait
				dealer's license for any other purpose than use as bait, for scientific or
				educational purposes, or for live public display is
				prohibited.
Stat. Auth.: ORS
				  506.109, ORS
				  506.119, ORS
				  506.129 & ORS 508
Stats. Implemented: ORS
				  506.109, ORS
				  506.119, ORS
				  506.129& ORS
				  508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0131 - Retail Fish Bait Dealer

Current through Register Vol. 63, No. 7, July 1, 2024
No license is required of a retail fish bait
				dealer.
Stat. Auth.: ORS
				  506.109, ORS
				  506.119 & ORS
				  506.129
Stats. Implemented: ORS
				  506.109, ORS
				  506.119 & ORS
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0132 - Limited Fish Sellers Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The permit referred to in ORS
			 508.550 shall be available to
			 commercial fishers who hold a valid commercial fishing license, including
			 Albacore Tuna Landing License, and who sell the catch off his or her own
			 vessel, or a vessel operated by the fisher.
(2) It is
unlawful
under
			 this permit to sell any food fish or shellfish from a vessel which were not
			 taken by that vessel.
(3) Prior to
			 selling food fish from their vessel, the holder of a Limited Fish Seller Permit
			 must notify the Department of the estimated number of food fish on board the
			 vessel and the location where sales are to take place. Completion of a fish
			 ticket prior to selling with the estimated number of fish on board and
			 completion of the Limited Fish Seller Permit application which identifies
			 location from which the sales occur constitutes the required notice. Change in
			 location of sales from that reported in the Limited Fish Seller Permit
			 application must be reported to the Department.
(4) Dressed fish must have an established
			 dressed to round weight conversion factor.
(5) After the sale of and reporting of whole
			 or dressed food fish, a limited fish seller may conduct or allow limited
			 processing on his/her boat (limited to loining or filleting) of food fish or
			 any part thereof for the ultimate consumer.
Stat. Auth.: ORS
				  506.119 &
				  513.020
Stats. Implemented: ORS
				  506.129,
				  508.025,
				  508.040 &
				  508.550
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0134 - Bonding Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with ORS
				508.415 and
				508.550, the minimum bond amount
				is $25.00 for wholesale bait dealers; $1,000.00 for wholesale fish dealers,
				fish canners, and shellfish canners; and $200.00 for limited fish sellers. Bond
				amounts are determined by a total of the landing fees due for the three highest
				sales months of the previous year, and may be changed at the discretion of the
				Department. No bond is required of non-reporting fish
				dealers.
Stat. Auth.: ORS
				  506.109,
				  506.119,
				  506.129 & ORS 802
Stats. Implemented: ORS
				  506.109,
				  506.119,
				  506.129 &
				  802
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0135 - Alteration, Borrow, or Loan License Unlawful

Current through Register Vol. 63, No. 7, July 1, 2024
It is
unlawful
for any person to alter,
				borrow, or loan any license issued by the Director.
Stat. Auth.: ORS 508.036,
				  506.109,
				  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 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0136 - License Holder Consent to Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
It is
unlawful
to:
(1) Refuse to present or submit to the
			 inspection of any fishing gear, fish or parts thereof, or license(s) subject to
			 such person's control when requested or required by any peace officer of this
			 state or upon the request of any authorized Department employee. By purchasing
			 any commercial license or permit, a person consents to these inspections.
(2) Interfere with a fishing gear,
			 fish, license, animal or plant life inspection by any peace officer of this
			 state or any authorized Department employee.
Stat. Auth.: 506.550, 506.620, 506.755
Stats. Implemented: 506.550, 506.620,
				  506.755
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0140 - Boat License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A boat
			 license is issued in accordance with ORS
			 508.035 and
			 508.260 of the commercial
			 fishing laws and is required for the owner or operator of any boat used in
			 taking food fish or shellfish for commercial purposes, except for the taking of
			 clams or crayfish.
(2) A pair of
			 decals bearing the last two numbers of the year for which the license is issued
			 is included with the license for placement on the licensed boat. The license
			 year decals shall be affixed to the licensed boat in a conspicuous place on
			 each side of the boat on the superstructure as near midship as
			 practicable.
(3) In accordance with
			 subsection (3) of ORS
			 508.260, the assigned
			 identification number of each licensed commercial fishing boat shall be as
			 follows:
(a) The federal document number (all
			 vessels five registered net tons and over);
(b) The state vessel registration number (all
			 vessels not having a federal document number).
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0145 - Commercial Fishing License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 commercial fishing license is issued in accordance with ORS
			 508.035 and
			 508.235 of the commercial
			 fishing laws and is required for each individual who for commercial purposes:
(a) Takes or assists in the taking of any
			 food fish or shellfish from the waters or land of this state;
(b) Operates or assists in the operation of
			 any boat or fishing gear for the taking of food fish in the waters of this
			 state; or
(c) Lands food fish from
			 the waters of the Pacific Ocean at any point in this state.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0150 - Single Delivery License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Single Delivery License is issued in accordance with ORS
			 508.035 for a one-time landing
			 of food fish in a 12 month period, and is in lieu of the commercial fishing and
			 boat license described in OAR
			 635-006-0140 and
			 635-006-0145. Where "commercial
			 fishing license" is used in ORS
			 508.235 and "boat license" is
			 used in 508.260, this license may be substituted.
(2) In the absence of a commercial fishing
			 and boat license, it is
unlawful
to engage in the taking or
			 landing of food fish in waters of this state without a single delivery
			 license.
(3) No food fish shall be
			 removed from a boat requiring a Single Delivery License until the fee for such
			 license is received and such license has been issued by an authorized agent of
			 the Department. The license shall be on board the boat and available for
			 inspection by the Oregon State Police or a representative of the Department
			 whenever food fish are being unloaded.
(4) Single delivery licenses shall be
			 forfeited upon landing to the wholesale fish dealer, who shall attach the
			 license document to the appropriate Fish Receiving Ticket. Vessels taking fish
			 outside of state waters may substitute the license fee at the time of landing
			 for the license document.
(5)
			 Vessels operating under a Single Delivery License must comply with OAR
			 635-006-0140(7),
			 when requested by the Department.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119,
				  506.129,
				  508.025,
				  508.035,
				  508.235 &
				  508.260
Stats. Implemented: ORS
				  506.109,
				  506.129,
				  506.306,
				  508.025,
				  508.035,
				  508.235 &
				  508.260
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0155 - Juvenile Jig Line License

Current through Register Vol. 63, No. 7, July 1, 2024
This license is issued in accordance with ORS
				508.121 of the commercial
				fishing laws.
Stat. Auth.: ORS 508
Stats. Implemented: ORS
				  508
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0160 - Bait Fishing License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 bait fishing license may be is issued in accordance with ORS
			 508.312 of the commercial
			 fishing laws and is required for any individual taking or assisting in the
			 taking of food fish or shellfish for sale to a fish bait dealer or for use as
			 bait in a commercial fishing operation. It is
unlawful
to take
			 any food fish or shellfish under this license for human consumption
			 purposes.
(2) For the purposes
			 authorized under section (1), a bait fishing license serves in lieu of the
			 commercial fishing and boat licenses required under ORS
			 508.235 and
			 508.260. This license is not
			 required for individuals already possessing a valid commercial fishing license
			 pursuant to 508.235, provided the vessel they are operating possesses a valid
			 commercial boat license pursuant to 508.260.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119 &
				  506.129
Stats. Implemented: ORS
				  506.109,
				  506.119,
				  506.129,
				  506.306 &
				  508.312
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0165 - Commercial Fisher Transportation Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
unlawful
for any
			 commercial fisher or any other person to transport food fish or shellfish in
			 this state without first preparing and having in possession a written
			 transportation report, invoice, or memorandum. The transportation report,
			 invoice, or memorandum shall include the following:
(a) Date;
(b) Name and address of person from whom food
			 fish or shellfish were received. If being transported by a commercial fisher or
			 received from a commercial fisher, including his or her commercial fishing
			 license number;
(c) Name and
			 address of the Oregon licensed Wholesale Fish Dealer or Oregon licensed Fish
			 Bait Dealer where the food fish or shellfish are being delivered;
(d) The number of each species of food fish
			 or shellfish, their weight or estimated weight in pounds.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0200 - Required Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All retail
			 fish dealers, retail and wholesale fish bait dealers, wholesale fish dealers,
			 buyers, food fish canners and shellfish canners shall keep a record of all food
			 fish and shellfish received whether from a fisher or from other fish dealers.
			 This record shall include the quantity in pounds of each species of food fish
			 or shellfish received, the date received, price paid per pound, and the name
			 and address of the person from whom such food fish or shellfish were received.
			 If received from a fisher, his or her commercial fishing license number shall
			 be used in lieu of an address and the fishing gear used in taking shall also be
			 required. If received from a treaty Indian, his or her tribal affiliation and
			 enrollment number as shown on official identification card issued by the U.S.
			 Department of Interior, Bureau of Indian Affairs, or tribal government shall be
			 used in lieu of an address or commercial fishing license.
(2) This record shall be:
(a) Subject to inspection by the Director,
			 the Director's authorized agent, or the Oregon State Police;
(b) Prepared and available at the time food
			 fish or shellfish are received at the premises of the fish dealer regardless of
			 whether purchased or not;
(c)
			 Retained for a period not less than three years, at a location within Oregon
			 where the record is to be available for inspection as designated in section
			 (2)(a) of this rule. Notice of the physical location is to be provided to the
			 Department.
(d) Written in the
			 English language.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0201 - Required Records for Dungeness Crab Traceability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this rule, "Dungeness
			 crab" means all Dungeness crab products whether live, cooked, or
			 processed.
(2) For all Dungeness
			 crab received the records required by OAR
			 635-006-0200 shall include the
			 following additional information:
(a) Date(s)
			 of landing; and
(b) Harvest area(s)
			 as defined by the Department.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0205 - Required Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every
			 licensed wholesale fish dealer, wholesale fish bait dealer, food fish canner,
			 and shellfish canner shall report all food fish or shellfish received from
			 commercial fishers or commercial bait fishers authorized to land his or her
			 catch in Oregon or received from a fish dealer from another state in which no
			 tax or fee is levied and collected on the food fish or shellfish.
(2) As used in these regulations, any
			 licensed wholesale fish dealer, fish buying station, fish buyer, bait dealer or
			 canner whose licensed premises includes a receiving or docking facility for
			 unloading the catch from a commercial fishing vessel shall be considered as the
			 receiver and purchaser and shall have the responsibility for weighing the
			 catch, reporting, and paying landing fees on such catch. The aforementioned
			 premises shall only be licensed by one wholesale dealer, fish buying station,
			 fish buyer, bait dealer or canner at one given time, except as provided in
			 section (3) of this rule.
(3)
			 Notwithstanding section (2) of this rule, upon receipt and approval by the
			 Department of a Memorandum of Understanding in a form provided by the
			 Department and signed by both parties, a licensed wholesale fish dealer or
			 canner (identified as primary dealer) whose licensed premises includes a
			 receiving or docking facility for unloading the catch from a commercial fishing
			 vessel may act as an agent for another licensed wholesale fish dealer or canner
			 (identified as secondary dealer).
(a) Through
			 the Memorandum of Understanding the primary dealer agrees:
(A) To unload fish or shellfish products at
			 their licensed receiving or buying dock from fishing vessels who are providing
			 catch to the secondary dealer as per prior agreement and arrangement with the
			 secondary dealer;
(B) To confirm
			 that the landing is legal and the species are legal;
(C) To accurately report on Fish Receiving
			 Tickets, assigned to the secondary dealer by the Department, all landing
			 information in accordance with OAR
			 635-006-0210, with the exception
			 of price;
(D) To obtain fisher
			 signature on the Fish Receiving Ticket reporting such catch or if necessary, a
			 dock ticket for Dungeness crab or net-caught groundfish in accordance with OAR
			 635-006-0211;
(E) To, upon transfer of the landed product
			 from the primary dealer to the secondary dealer, provide the Fish Receiving
			 Ticket record of the landing to the secondary dealer; and
(F) To retain a record of the required
			 landing information of such catches.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0207 - Limited Fish Seller Required Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This regulation is in addition to, and
			 not in lieu of the provisions contained in OAR
			 635-006-0205.
(2) Every licensed Limited Fish Seller shall
			 report all food fish or shellfish sold directly to consumers. Prior to making
			 any sales of food fish or shellfish, Limited Fish Sellers shall notify the
			 Department, by such means as the Department prescribes, the estimated number of
			 food fish on board the boat and the location where the sale is to take
			 place.
(3) Two reports required for
			 reporting the commercial sale and the payment of landing fees due on such catch
			 are:
(a) The State of Oregon Fish Receiving
			 Ticket; and
(b) The Fish Dealer
			 Monthly Remittance Report. These reports shall be submitted on forms supplied
			 or approved by the Department and completed in accordance with OAR
			 635-006-0210 and
			 635-006-0215. In addition, a
			 sequentially numbered receipt for each individual sale shall be issued to the
			 purchaser at time of purchase, and to the fisher if fish are to be kept for
			 take home use. This receipt shall include the date, species, weight in pounds,
			 price, number of fish or shellfish, and vessel name. A copy shall be retained
			 on the vessel for a period of six months and available for three years and is
			 subject to inspection by the Oregon State Police or authorized Department
			 employee.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0209 - Sorting Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
unlawful
to fail to sort into the categories listed in
			 sections (2) and (3) of this rule, prior to the first weighing after
			 offloading, those groundfish species or species groups for which there is a
			 trip limit, quota, harvest guideline, harvest cap, size limit, scientific
			 sorting designation, Optimum Yield (OY) or Annual Catch Limit (ACL).
(2) Federal sorting requirements must be met
			 for the following sectors:
(a) Trawl
			 fisheries pursuant to 660.130(d), subpart D of the Code of Federal Regulations;
(b) Limited Entry Fixed Gear
			 groundfish fisheries pursuant to 660.230(c), subpart E of the Code of Federal
			 Regulations; and
(c) Open Access
			 Fixed Gear groundfish fisheries pursuant to 660.330(c), subpart F of the Code
			 of Federal Regulations.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0211 - Fish Receiving Ticket - Dungeness crab and Net Caught Groundfish

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This regulation
			 is in addition to, and not in lieu of the provisions contained in OAR
			 635-006-0210.
(2) For net-caught groundfish, at time of
			 landing the following information may be recorded on a separate document in
			 lieu of a Fish Receiving Ticket provided this original document (dock ticket)
			 is attached to the completed dealer copy of the Fish Receiving Ticket
			 subsequently submitted to ODFW:
(a) Date of
			 landing.
(b) Boat name and federal
			 document or State Marine Board number from which catch was made.
(c) Port of first landing. The port of first
			 landing will be recorded as where a vessel initially crosses from the Pacific
			 Ocean to inland waters, or is physically removed from the Pacific Ocean, for
			 the purposes of ending a fishing trip.
(d) Pounds of fish by species or species
			 group, as determined by the Department:
(A)
			 Pounds must be determined based on condition of the fish when landed, either
			 dressed or round. Dressed pounds may only be used for species with a conversion
			 factor listed at OAR 635-006-0215(3)(g).
			 Measures must be taken using a certified scale.
(B) Pounds shall include "weighbacks" by
			 species. "Weighbacks" are those fish or shellfish with no commercial value.
			 Species or species groups defined in
			 635-006-0210(2)(i)(B)
			  are exempt from fish ticket requirements
			 when considered "weighbacks."
(e) Signature of the vessel operator
			 delivering the catch.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0212 - Fish Receiving Ticket - Salmon

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This regulation is in addition to, and
			 not in lieu of the provisions contained in OAR
			 635-006-0210.
(2) Fish receiving tickets shall be completed
			 at time of landing and the original copy forwarded within four consecutive days
			 following the landing to the Oregon Department of Fish and Wildlife.
(3) For troll-caught salmon, fish receiving
			 tickets shall show the number of each species of salmon landed, the number of
			 halibut landed, if any, and the number of days fished during the trip in which
			 the salmon were caught.
(4) It is
			 lawful for licensed wholesale fish dealers, canners, or buyers to purchase
			 gilled and gutted Columbia River salmon from individuals possessing Indian
			 treaty rights, as defined in OAR
			 635-041-0005, if lawfully taken
			 during open commercial Treaty Indian fisheries.. The licensed wholesale dealer
			 must submit landed weights on the Fish Receiving Ticket. Any gilled and gutted
			 salmon must be reported using the appropriate condition code (60) which uses
			 the conversion factor of 1.17 listed in OAR
			 635-006-0215 for Treaty Indian
			 Fishery Columbia River salmon and steelhead trout.
Statutory/Other Authority: ORS
				  506.036, ORS
				  506.109, ORS
				  506.119, ORS
				  506.129, ORS
				  508.530 & ORS
				  508.535
Statutes/Other Implemented: ORS
				  506.109, ORS
				  506.129, ORS
				  508.025, ORS
				  508.040 & ORS
				  508.550
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0213 - Fish Receiving Ticket - Limited Fish Seller Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This regulation is in addition to, and
			 not in lieu of the provisions contained in OAR
			 635-006-0210.
(2) For food fish or shellfish sold under a
			 Limited Fish Seller Permit, the Limited Fish Seller shall complete daily
			 entries of fish sold on a Fish Receiving Ticket. Fish Receiving Tickets are
			 prenumbered in books of 50 tickets. Limited Fish Sellers shall account for all
			 Fish Receiving Tickets received from the Department. Fish Receiving Tickets
			 shall be issued in numerical sequence. The Fish Receiving Ticket shall include,
			 for each day's sales:
(a) Limited Fish
			 Seller's name and license number;
(b) Date of sales;
(c) Boat name and federal document or State
			 Marine Board number from which catch made;
(d) For groundfish harvested in the limited
			 entry fixed gear fishery, the federal limited entry fixed gear permit number
			 associated with the landing or portion of landing;
(e) Port of first landing. The port of first
			 landing will be recorded as where a vessel initially crosses from the Pacific
			 Ocean to inland waters, or is physically removed from the Pacific Ocean, for
			 the purposes of ending a fishing trip;
(f) Fishing gear used;
(g) Species or species group of fish or
			 shellfish sold;
(h) Quantity in
			 pounds;
(i) Price received per
			 pound;
(j) Signature of the
			 individual preparing the fish ticket;
(k) Name of wholesale fish dealer to whom
			 other food fish or shellfish were sold from the same fishing trip.
(l) For troll-caught salmon, fish receiving
			 tickets shall show the number of each species of salmon landed, the number of
			 halibut landed, if any, and the number of days fished during the trip in which
			 the salmon were caught.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0215 - Monthly Remittance Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A monthly report is required of all licensed:
(a) Wholesale fish dealers, wholesale fish
			 bait dealers, food fish canners, or shellfish canners receiving food fish or
			 shellfish from licensed commercial fishers or bait fishers;
(b) Limited Fish Sellers selling food fish or
			 shellfish.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0220 - Waiver of Monthly Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 licensed wholesale fish dealer, wholesale fish bait dealer, food fish canner,
			 or shellfish canner may request waiver of the filing of monthly reports when
			 either no food fish or shellfish will be received for more than two months in a
			 calendar year or all food fish or shellfish purchased during the year will be
			 received from other wholesale fish dealers. The waiver request shall be in
			 writing and shall include the reason for the request and, if applicable, the
			 names of the wholesale fish dealers from whom food fish will be
			 received.
(2) Any licensed limited
			 fish seller may request waiver of the filing of monthly reports when no food
			 fish or shellfish will be sold for more than two months in a calendar year. The
			 waiver request must be in writing and include the reason for the
			 request.
Stat. Auth.: ORS
				  506.109,
				  506.119,
				  506.129& 802
Stats. Implemented: ORS
				  506.109,
				  506.119,
				  506.129&
				  802