Chapter 635-005

635-005-0225 Organization (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;…

635-005-0230 Licensing Requirements 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. Statutory/Other Aut…

635-005-0235 Authority of Enforcement in Fishery Conservation Zone and Exclusive Economic Zone (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…

635-005-0240 Definitions 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 urchin…

635-005-0245 Commercial Shellfish And Intertidal Animal Harvest Permit Required (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…

635-005-0250 Commercial Shellfish and Intertidal Animal Harvest Permit Fee The annual fee for the Commercial Shellfish And Intertidal Animal Harvest Permit is set pursuant to ORS 508.116. Statutory/Other Authority: ORS 506.119 Statutes/Other Implemented: ORS 508.116 History: DFW …

635-005-0255 Additional License Requirement 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. Statutory/…

635-005-0260 Closed Seasons and Areas (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 …

635-005-0263 Restrictions on Shared Ecosystem Component Species Applicable to All Commercial Fisheries (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 thr…

635-005-0265 General Bait Restrictions It is unlawful to use lamprey as bait in any commercial fishery. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.036, 506.109, 506.129 & 506.306 History: DFW 76-2012, f. 6-28-12, cert. e…

635-005-0270 Same Trip Recreational and Commercial Fishing — When Unlawful (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 fis…

635-005-0275 Commercial Shellfish and Marine Invertebrates Fishing Gear (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 individua…

635-005-0280 Organization of Clam and Intertidal Rules 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 …

635-005-0285 Additional License Requirement 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. Statutory/Other Authority: ORS 5…

635-005-0290 Closed Seasons and Areas 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 o…

635-005-0295 Marine Snail Fishery Prohibited (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 an…

635-005-0300 Piddock Fishery (Rock Oyster) Prohibited It is unlawful to take piddocks for commercial purposes. Statutory/Other Authority: ORS 506.109, 506.129 & 506.306 Statutes/Other Implemented: ORS 506.129 History: Renumbered from 635-005-0160, DFW 76-2012, f. 6-28-12, cert. e…

635-005-0305 Bay Clam Dive Fishery Defined "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 O…

635-005-0310 Requirement for Bay Clam Dive Permit (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 …

635-005-0315 Bay Clam Dive Permit Fee (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…

635-005-0320 Eligibility Requirements for a Bay Clam Dive Permit (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…

635-005-0325 Review of Denials — Bay Clam Dive (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…

635-005-0330 Renewal of Bay Clam Dive Permit (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 …

635-005-0335 Lottery for Limited Entry Bay Clam Dive Permits (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 s…

635-005-0340 Transferability of Bay Clam Dive Permits (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 …

635-005-0345 Logbook Required — Bay Clam Dive (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 a…

635-005-0350 Bay Clam Dive Size Limit 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 …

635-005-0355 Catch Limits (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. (2) In Yaquina Bay, the…

635-005-0360 Subtidal Clams for Bait 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. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.1…

635-005-0365 Intertidal Animal, Mussel and Clam Commercial Fisheries Defined “Intertidal Animal, Mussel, and Clam Fisheries” means the commercial fisheries for any animal living intertidally on the bottom. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statute…

635-005-0370 Commercial Shellfish And Intertidal Animal Harvest Permit Required 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 …

635-005-0375 Logbook Required — Commercial Shellfish And Intertidal Animal Harvest (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 responsib…

635-005-0380 Fishing Gear for Commercial Harvest of Mussels and Razor Clams 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 mean…

635-005-0385 Commercial Harvest of Mussels and Clams — Size Limit (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 …

635-005-0387 Catch Limits (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 co…

635-005-0390 Clams and Mussels for Bait (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 harvest…

635-005-0395 Organization of Rules for Commercial Crab Fisheries The Crab Section includes regulations for the ocean Dungeness, Bay and Estuary Dungeness and Red Rock, Box, Tanner and Other Crab Fisheries. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statute…

635-005-0400 Ocean Dungeness Crab Fishery Defined “Ocean Dungeness crab fishery” means all fishing for Dungeness crab (Cancer magister) in the Pacific Ocean and Columbia River for commercial purposes. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Oth…

635-005-0405 Requirement for Ocean Dungeness Crab Permit (1) It is unlawful to take, land or possess Dungeness crab from the ocean Dungeness crab fishery without first obtaining an Ocean Dungeness Crab Permit issued pursuant to ORS 508.931 or 508.941. An Ocean Dungeness Crab Perm…

635-005-0415 Eligibility Requirements for a Ocean Dungeness Crab Permit (1) Vessels or vessel owners must meet eligibility requirements for an Ocean Dungeness Crab Permit pursuant to ORS 508.931. (2) An individual licensed under ORS 508.235 or a commercial licensed vessel under O…

635-005-0420 Revocation and Refusal to Issue Ocean Dungeness Crab Permits The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of an Ocean Dungeness Crab Permit pursuant to ORS 508.485 and 508.490. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 …

635-005-0425 Review of Denials — Ocean Dungeness Crab (1) An individual whose application for issuance, renewal or transfer of an Ocean Dungeness Crab Permit established pursuant to OAR 635-005-0405, 635-005-0430 and 635-005-0440 is denied, may make written request to the Board f…

635-005-0430 Renewal of Limited Entry Ocean Dungeness Crab Permit (1) An Ocean Dungeness Crab Permit may be renewed pursuant to ORS 508.941. (2) An application for renewal of an Ocean Dungeness Crab Permit shall be considered complete if it is legible, has all information request…

635-005-0435 Lottery for Limited Entry Ocean Dungeness Crab Permits There is no lottery system for the issuance of Ocean Dungeness Crab Permits. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 76-20…

635-005-0440 Transferability of Ocean Dungeness Crab Permits (1) Any transfer of a permit away from a vessel without the written consent of each person holding a security interest in such vessel is void. (2) Ocean Dungeness Crab Permit holders may transfer a permit: (a) Pursuant …

635-005-0445 Logbook Required — Ocean Dungeness Crab Fishery (1) The Department shall make available a logbook to each licensed commercial fishing vessel which holds a valid Ocean Dungeness Crab Permit. (2) The permit holder is responsible for maintaining the logbook in an accura…

635-005-0446 Electronic Monitoring Vessels with an authorized Electronic Monitoring system may possess, or possess and land, Dungeness crab in an area that is otherwise closed to take of Dungeness crab for commercial purposes. Electronic Monitoring is not required to transit Mari…

635-005-0450 Vessel Length Modification in Ocean Dungeness Crab Fishery No vessel holding an Ocean Dungeness Crab Permit may be modified to increase its length by more than 10 feet during any 60-month period. If a permitted vessel is modified, the owner shall promptly notify the …

635-005-0455 License Limitation (1) In the event that a license limitation measure is adopted by the Commission, August 14, 1991, shall be used as the eligibility date for participation in the Dungeness crab fishery. (2) In the event that a license limitation measure in addition …

635-005-0460 Harvest Areas — Dungeness Crab Fishery (1) Oregon Dungeness crab permits are valid only in Oregon state waters and the Pacific Ocean in federal waters south of an east-west line extending westward at 46º 15' 00" North Latitude (Oregon/Washington border) and north of …