Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0480 - Dungeness Crab Buoy Tag and Gear Marking Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
It is unlawful for commercial purposes to:
(1) Use commercial Dungeness crab gear in the
			 Columbia River or Pacific Ocean unless the gear is individually marked with a
			 surface buoy bearing, in a visible, legible and permanent manner, the buoy
			 brand and buoy color(s) of the owner, and the Department buoy tag issued for
			 the current season, provided that:
(a) The
			 buoy brand consists of letters and/or numbers, and the buoy brand and buoy
			 color or color combination are registered with and approved by the Department;
			 The buoy color or color combination shall be submitted to the Department as a
			 color photograph for registration;
(b) Only one unique buoy brand and one buoy
			 color or color combination shall be registered to any one permitted
			 vessel;
(c) All Dungeness crab gear
			 fished by a permitted vessel must use only the Oregon buoy brand number and at
			 least one buoy with the buoy color or color combination registered to that
			 vessel in the area off of Oregon;
(d) The Department shall issue crab buoy tags
			 to the owner of each commercial crab permit in the amount determined by OAR
			 635-005-0405(5);
(e) All buoy tags eligible to a permit holder
			 must be purchased from the Department at cost and attached to the gear prior to
			 setting gear;
(f) Buoys attached to
			 Dungeness crab gear must have the buoy tag securely attached to the buoy
			 closest to the gear at the end away from the buoy line; and
(g) Additional buoy tags to replace lost tags
			 will be issued by the Department as follows:
(A) For a catastrophic loss, as defined in
			 OAR 635-005-0240; or
(B) If the Director finds that the loss of
			 buoy tags was:
(i) Due to an extraordinary
			 event;
(ii) The loss was minimized
			 with the exercise of reasonable diligence; and
(iii) Reasonable efforts were taken to
			 recover lost buoy tags and associated fishing gear.
(C) Upon receipt of the declaration of loss
			 required by subsection (1)(g)(D) of this rule, and a request for replacement
			 tags under subsection (1)(g)(B) of this rule, the Director or the Director's
			 designee may provide an opportunity for the permit holder requesting the
			 replacement tags to describe why the buoy tag loss meets the criteria for
			 replacement under subsection (1)(g)(B) of this rule. The Director or the
			 Director's designee shall provide the Director's order to the permit holder and
			 to the Department's License Services. The permit holder may appeal the
			 Director's findings to the Fishery Permit Review Board under OAR
			 635-005-0425.
(D) Permit holders (or their alternative
			 designated on the buoy tag order form) must obtain, complete, and sign a
			 declaration of loss under penalty of perjury in the presence of an authorized
			 Department employee. The declaration shall state the number of buoy tags lost,
			 the location and date where lost gear or tags were last observed, and the
			 presumed cause of the loss.