Chapter 635-005

635-005-0720 Organization of Other Shellfish and Marine Invertebrate Rules The Other Shellfish and Marine Invertebrate Section includes regulations for the Weathervane Scallop, Sea Urchin, Crayfish, Oyster, Squid, Octopus and other minor shellfish and invertebrate fisheries. Stat…

635-005-0725 Weathervane Scallop Fishery Defined “Weathervane scallop fishery” means the commercial fishery for weathervane scallops (Patinopecten caurinus) in the Pacific Ocean. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 50…

635-005-0730 Additional License Requirement It is unlawful to take, distribute or process oysters, clams, mussels and weathervane scallops intended for human consumption without first obtaining a Shellfish Sanitation Certificate as specified in OAR 635-005-0255. Statutory/Other A…

635-005-0735 Requirement for Weathervane Scallop Permit (1) It is unlawful to take, land or possess weathervane scallops without first obtaining a Weathervane Scallop Permit issued pursuant to ORS 508.840 and 508.843. (2) It is unlawful for a wholesaler, canner, or buyer to buy o…

635-005-0745 Eligibility Requirements for a Weathervane Scallop Permit (1) An individual licensed under ORS 508.235 or a commercial licensed vessel under 509.260 is eligible to obtain a Weathervane Scallop Permit required by OAR 635-005-0735: (a) By renewal of the previous year’s…

635-005-0750 Revocation and Refusal to Issue Weathervane Scallop Permits The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a Weathervane Scallop Permit pursuant to ORS 508.855. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statu…

635-005-0755 Review of Denials — Weathervane Scallop (1) An individual whose application for issuance, renewal or transfer of a Weathervane Scallop Permit established pursuant to OAR 635-005-0735, 635-005-0760 and 635-005-0770 is denied may make written request to the Board for r…

635-005-0760 Renewal of Permit — Ocean Scallop (1) Ocean Scallop Permits may be renewed the following year pursuant to ORS 508.849 and ORS 508.858. (2) An application for renewal of an Ocean Scallop Permit shall be considered complete if it is legible, has all information request…

635-005-0765 Lottery for Limited Entry Weathervane Scallop Permits (1) If the number of Weathervane Scallop Permits issued in accordance with ORS 508.849 falls below 25, the Department in the next succeeding calendar year may issue Weathervane Scallop Permits by a lottery system …

635-005-0770 Transferability of Weathervane Scallop Permits (1) Any transfer of a Weathervane Scallop Permit away from a vessel without the written consent of each person holding a security interest in such vessel is void. Weathervane Scallop Permit holders may transfer a permit …

635-005-0775 Logbook Required — Weathervane Scallop Fishery (1) The Department shall make available a logbook to each licensed commercial fishing vessel which holds a valid Weathervane Scallop Permit. (2) The vessel operator of such vessel is responsible for maintaining the logbo…

635-005-0780 Closed Season — Weathervane Scallop Fishery There is no closed season on weathervane scallops taken for commercial purposes. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: Renumbered from …

635-005-0785 Fishing Gear — Weathervane Scallop Fishery It is unlawful to take weathervane scallops for commercial purposes by any means other than trawl gear having 3-inch or larger mesh throughout. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Othe…

635-005-0790 Sea Urchin and Sea Cucumber Fishery Defined “Sea urchin and sea cucumber fishery” means the commercial fisheries for red sea urchins (Mesocentrotus franciscanus), purple sea urchins (Strongylocentrotus purpuratus) and California sea cucumbers (Parastichopus californi…

635-005-0795 Requirement for Sea Urchin and Sea Cucumber Permit (1) It is unlawful to take, land or possess sea urchins or California sea cucumbers for commercial purposes without first obtaining a Sea Urchin and Sea Cucumber Permit issued pursuant to OAR 635-005-0800 through 635…

635-005-0805 Eligibility Requirements for a Sea Urchin and Sea Cucumber Permit (1) An individual licensed as a commercial fisher under ORS 508.235 is eligible to obtain a Sea Urchin and Sea Cucumber Permit required by OAR 635-005-0795: (a) By renewal of the previous year’s permit…

635-005-0810 Revocation and Refusal to Issue Sea Urchin and Sea CucumberPermits The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a Sea Urchin and Sea Cucumber Permit pursuant to ORS 508.485 and 508.490. Statutory/Other Authority: ORS 506.036, 506.1…

635-005-0815 Review of Denials — Sea Urchin and Sea Cucumber (1) An individual whose application for issuance, renewal or transfer of a Sea Urchin and Sea Cucumber Permit established pursuant to OAR 635-005-0795, 635-005-0820 and 635-005-0830 is denied may make written request to…

635-005-0820 Renewal of Sea Urchin and Sea Cucumber Permit (1) Sea Urchin and Sea Cucumber Permits may be renewed the following year: (a) Pursuant to ORS 508.760; and (b) If the permittee annually lawfully landed 5,000 pounds of sea urchins or 500 pounds of California sea cucumbe…

635-005-0825 Lottery for Limited Entry Sea Urchin and Sea Cucumber Permits (1) If the total number of Sea Urchin and Sea Cucumber Permits which have been renewed, and for which an appeal is pending with the Commercial Fishery Permit Board and awarded through a prior lottery, is l…

635-005-0830 Transferability of Sea Urchin and Sea CucumberPermits (1) Any transfer of a Sea Urchin and Sea Cucumber Permit without the written consent of each person holding a security interest in such vessel is void. The following rules apply to transfer of Sea Urchin and Sea C…

635-005-0835 Logbook Required — Sea Urchin and Sea Cucumber Fisheries (1) The Department shall make available a logbook to each licensed commercial fisher who holds a valid Sea Urchin and Sea Cucumber Permit. (2) Each permit holder is responsible for maintaining the logbook in an…

635-005-0840 Closed Seasons and Areas — Sea Urchin and Sea Cucumber Fisheries It is unlawful for commercial purposes to take, land or possess sea urchins or California sea cucumbers: (1) Which have been taken in water depths shallower than ten feet below mean lower low water. (2)…

635-005-0845 Prohibitions — Sea Urchin and Sea Cucumber Fisheries (1) It is unlawful for commercial purposes to take, land or possess sea urchins or California sea cucumbers: (a) Where more than two divers were in the water off any one vessel at the same time; (b) Where more than…

635-005-0850 Size and Catch Limits — Sea Urchin Fisheries Size and catch limits in the sea urchin fishery are as follows: (1) It is unlawful to take, land or possess for commercial purposes, more than 50 sea urchins (purple and red combined) per permit holder, per day, per trip b…

635-005-0855 Crayfish Fishery Defined “Crayfish fishery” means the commercial fishing for crayfish species (Pacifastacus sp) in waters of this state. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW …

635-005-0860 Closed Season — Crayfish Fishery It is unlawful to take crayfish for commercial purposes from November 1 of any year through March 31 of the following year. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 50…

635-005-0865 Fishing Gear — Crayfish Fishery It is unlawful to take crayfish for commercial purposes by any means other than crayfish pots or ring nets. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306 H…

635-005-0870 Size Limit — Crayfish Fishery It is unlawful to take for commercial purposes crayfish which are less than 3-5/8 inches long. Crayfish will be measured from the tip of the bony spike extending between and beyond the eyes (acumen) to the distal edge of the last bony pl…

635-005-0875 Protection of Females — Crayfish Fishery Any crayfish taken with eggs attached must be returned immediately unharmed to the water. Possession of crayfish with eggs attached is prohibited. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Oth…

635-005-0880 Identification of Gear — Crayfish Fishery All vessels, traps, buoys, liveboxes, holding pens, boxes, bags, or other containers used to take, hold, or transport crayfish must be labeled with an identification number issued by the Department. Statutory/Other Authority:…

635-005-0885 Closed Area — Crayfish Fishery It is unlawful to take, land or possess crayfish for commercial purposes from Malheur Reservoir (Malheur County), South Twin Lake (Deschutes County), and the Williamson River (Klamath County). Statutory/Other Authority: ORS 506.036, 506…

635-005-0890 Shellfish Aquaculture Fishery Defined “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 5…

635-005-0895 Additional License Requirement — Shellfish Sanitation Certificate 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 635-0…

635-005-0900 Shellfish Import and Transfer Applications and Permit (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 obtaine…

635-005-0905 Prohibited Activities in Restricted Shellfish Areas (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 …

635-005-0910 Oyster Seasons and Gear It is unlawful to take oysters for either personal use or commercial purposes from natural oyster beds located on unoccupied state lands. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.10…

635-005-0915 Squid Fishery Defined “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 …

635-005-0920 Market Squid Fishery 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. Statutory/Other Authority: ORS 506.036, 506.109, 5…

635-005-0921 Market Squid Fishery License Limitation 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. Statu…

635-005-0925 Market Squid Harvest Guideline 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. Statutory/Other Authority: ORS 506.0…

635-005-0929 Closed Season 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/Othe…

635-005-0930 Logbook Required — Squid Fishery (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 logb…

635-005-0931 Fishing Gear — Squid Fishery (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…

635-005-0932 Bycatch Restrictions — Squid Fishery 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 …

635-005-0933 No Reduction Fishery Allowed — Squid Fishery 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 …

635-005-0935 Octopus Fishery Defined “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. …