Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 6 - COMMERCIAL FISHERIES: GEAR, LICENSES, POUNDAGE FEES, RECORDS AND REPORTS › Section 635-006-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in Division 006 regulations:
(1) "Board" means the Commercial Fishery
			 Permit Board.
(2) "Boat" means any
			 vessel, any floating craft, powered, towed, rowed or otherwise propelled which
			 is used for landing or taking food fish, as specified in ORS
			 506.006.
(3) "Buy" includes offer to buy, barter,
			 exchange or trade.
(4) "Commercial
			 fishing license" means the commercial fishing licenses required by ORS
			 508.235 and, for purposes of the
			 Limited Fish Seller Permit, includes an Albacore Tuna Landing
			 License.
(5) "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.
(6) "Commission" means the State Fish and
			 Wildlife Commission created by ORS
			 496.090.
(7) "Department" means the State Department
			 of Fish and Wildlife, as specified in ORS
			 506.006.
(8) "Director" means the Director of the
			 Oregon Department of Fish and Wildlife appointed pursuant to ORS
			 496.112.
(9) "Fair market value" shall be established
			 as provided in OAR 635-006-0232.
(10) "Fish buyer" means an individual
			 employed by a wholesale fish dealer or food fish canner to purchase or receive
			 food fish or shellfish from commercial fishers at locations other than the
			 licensed premises of the wholesale fish dealer or food fish canner.
(11) "Fish-buying station" means a location
			 other than the licensed premises of a wholesale fish dealer or food fish canner
			 at which such wholesale fish dealer or food fish canner purchases or receives
			 food fish or shellfish from commercial fishers.
(12) "Fishing" means catching, taking or
			 harvesting food fish that results in or can be reasonably expected to result in
			 the sale, barter, trade or other disposition of fish for other than personal
			 use or consumption.
(13) "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, setnet, 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 net with the sections of netting made and
			 joined to create bagging. It is hauled with purse rings and is generally much
			 smaller in size than a purse seine net;
(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 an encircling net
			 that may be closed by a purse line threaded through the bottom of the net.
			 Purse seine gear includes ring net, drum purse seine, and lampara
			 nets;
(i) "Seine" means any
			 non-fixed net other than a trawl or gillnet;
(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;
(o) "Troll" means fishing
			 gear that consists of 1 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;
(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.