Oregon Administrative Code

635-001-0301 Inspection of Public Records All records of the Commission and the Department defined as public records under ORS 192.410, and not exempt from disclosure under ORS 192.501 to 192.505, are available for inspection by members of the public at the current principal offi…

635-001-0311 Information Officers and Certification of Public Records (1) The following individuals are designated as information officers for all public records requests: (a) Assistant to the Commission for agendas, reports, correspondence and other files maintained by and for t…

635-001-0321 Requests to Inspect or Obtain Copies of Public Records (1) A request to inspect or receive a copy of a public record must: (a) Be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of person…

635-001-0331 Fees for Inspection and Copies of Public Records (1) As authorized by law, the Department charges the following fees reasonably calculated to reimburse the Department for its actual cost in making public records available, including costs for summarizing, compiling o…

635-001-0335 Fee Waiver or Reduction (1) Any person requesting a fee waiver or reduction from the Department must submit a completed Fee Waiver or Reduction Request Form to the Department through online submittal, email or to the address provided in OAR 635-001-0321(2). (2) The D…

635-001-0341 Confidentiality and Inadmissibility of Mediation Communications Pursuant to ORS 36.224, the Oregon Department of Fish and Wildlife hereby adopts OAR 137-005-0052 as promulgated by the Attorney General and amended in 2018. Statutory/Other Authority: 2015 SB 189 Statut…

635-002-0005 Disposal of Edible Wildlife Except as provided in OAR 635-043-0175 and 635-002-0008, carcasses of edible wildlife, except black bear, shall be disposed of in the following manner: (1) Donated to public and charitable institutions such as welfare organizations, church…

635-002-0007 Disposal of Black Bear Carcasses Except as provided in OAR 635-002-0009 for bear taken due to a threat of human safety, carcasses of black bear shall be disposed of in the following manner: (1) Donated to wildlife rehabilitators licensed by the Department provided th…

635-002-0008 Disposition of Wildlife Taken on Damage In accordance with ORS 498.012, any wildlife taken on damage shall be disposed of in the following manner: (1) Except as provided in section (2) of this rule, any deer, elk, antelope, bighorn sheep or gamebird shall be salvaged…

635-002-0009 Disposition of Bear and Cougar Killed Posing a Threat to Human Safety This rule implements the Department’s responsibilities under ORS 498.166, enacted by the 2001 Oregon Legislature, which authorizes any person to take a cougar or bear that poses a threat to human s…

635-002-0010 Disposal of Inedible Wildlife Carcasses of inedible wildlife shall be disposed of in a manner directed by the Department including donations to rendering plants, pet food manufacturers, or zoos, provided the meat is not used for human consumption. [ED. NOTE: This rul…

635-002-0012 Disposal of Wildlife or Wildlife Parts Any wildlife or parts of wildlife acquired and not otherwise specifically directed elsewhere in this division shall be disposed of as follows: Pelts or hides of furbearing and game mammals shall be disposed of in a manner determ…

635-002-0014 Disposal of Antlers Antlers that come into the department’s possession shall be disposed of in the following manner: (1) Sold through competitive bid, consistent with state and, where appropriate federal, rule and statute; or (2) Donated to nonprofit organizations, f…

635-002-0020 Sale Price of Wildlife The price of furbearing and other mammal pelts shall be established at public auction. [ED. NOTE: This rule was Renumbered from 630-025-0007, 1975; Renumbered from 635-020-0020, 1979] Statutory/Other Authority: ORS 183 & 496 Statutes/Other Impl…

635-002-0025 Payment for Wildlife Sold Payment must be made at the time of delivery by check or money order to the Oregon Department of Fish and Wildlife. [ED. NOTE: This rule was Renumbered from 630-025-0008, 1975; Renumbered from 635-020-0025, 1979] Statutory/Other Authority: O…

635-002-0030 Sale of Seized Fish or Shellfish In accordance with ORS 506.690, all food fish and shellfish taken by or in possession of any person in violation of the commercial fishing laws or regulations of the Commission shall be seized. To prevent spoilage, the fish so seized …

635-002-0035 Disposal or Sale of Forfeited Fishing Gear and Boats (1) All property received by the Commission under order of forfeiture of any court shall be disposed of by public sale to the highest bidder. However, forfeited property in the custody of the Oregon State Police wh…

635-002-0100 When Salmon Eggs are Surplus For the purposes of ORS 508.730, the following criteria shall be used in determining when all natural and artificial fish production needs of the state have been met: (1) General limitations — Salmon eggs will not be declared surplus unle…

635-003-0003 Purpose and Scope (1) The purpose of Division 003 is to provide for management of commercial salmon fisheries off the Oregon Coast over which the state has jurisdiction. (2) Division 003 incorporates into Oregon Administrative Rules, by reference, the annual ocean tr…

635-003-0005 Area As used in this division, the Pacific Ocean includes that area of the Columbia River seaward of a straight line from the knuckle of the south jetty on the Oregon shore to the inshore end of the north jetty on the Washington shore. Statutory/Other Authority: ORS …

635-003-0074 Automatic Season Closures (1) Salmon harvest quotas for Oregon, which include fish caught in the Exclusive Economic Zone (3-200 mile) are set forth in Federal Register Notice FR Doc. 92-0412-2112, filed May 1, 1992, published pursuant to 50 CFR 661.20 49 FR 43685, Oc…

635-003-0077 US-Canada Border to Cape Falcon All vessels participating in the commercial ocean salmon fishery North of Cape Falcon must land their fish within the area North of Cape Falcon or in Garibaldi, Oregon, and within 24 hours of any closure of this fishery. All fishers la…

635-003-0078 Humbug Mountain to the Oregon/California Border All vessels participating in any commercial ocean salmon fishery between Humbug Mountain and the Oregon/California Border that is managed under any salmon quota or harvest guideline must land their fish in Port Orford, …

635-003-0085 Extended Commercial Seasons In addition to the open seasons prescribed in OAR 635-003-0003 there are open seasons for Chinook salmon in the Elk River Ocean Terminal Area from November 1 through November 30 in the area described in section 1 of this rule as follows: (…

635-004-0200 Organization (1) This Division is organized into the following major finfish fishery sections: (a) Groundfish Section, including the following fisheries: (A) Trawl and Fixed Gear Groundfish Fisheries; and (B) Black Rockfish/Blue Rockfish/Nearshore Fishery (b) Coastal…

635-004-0205 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…

635-004-0210 Authority of Enforcement in Fishery Conservation Zone and Exclusive Economic Zone (1) Pursuant to ORS 506.750 and 506.755, regulations including but not limited to inspection of catch, methods of fishing, gear restrictions, seasons, closures and restricted areas are …

635-004-0215 Definitions As used in Division 004 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…

635-004-0220 Closed Season 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 i…

635-004-0223 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…

635-004-0225 Bait Restrictions It is unlawful to use lamprey as bait in any commercial fishery. Statutory/Other Authority: ORS 506.036, 506.109, ORS 506.119 & 506.129 Statutes/Other Implemented: ORS 506.036, 506.109, 506.126 & 506.306 History: Renumbered from 635-004-0003, DFW 75…

635-004-0230 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…

635-004-0235 Fishing Gear (1) This regulation lists a complete set of legal gear types and associated general restrictions to take ocean food fish and Pacific halibut in the fisheries specified in this Division. However, most individual fishery sections in this Division contain a…

635-004-0240 Far Offshore Fishery Defined "Far Offshore Fishery" means a fishery where the fish are taken outside the United States 200-mile Exclusive Economic Zone. Statutory/Other Authority: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: O…

635-004-0245 Commercial Vessel License - Right to Land Fish Fish taken in a far offshore fishery which may be lawfully imported into this state from a foreign nation or from another state, may be landed in this state, provided Oregon commercial fishing license requirements and th…

635-004-0250 Declaration (1) The vessel operator of any vessel participating in the far offshore fishery intending to land fish or fish products in Oregon shall notify the Department of any such fishing trip at least 48 hours prior to leaving port by writing to the Oregon Departm…

635-004-0255 Compliance Evidence It shall be the responsibility of the vessel operator to maintain a navigation plotting record of any far offshore fishing trip, and such record shall be available for inspection by any person authorized to enforce the commercial fishing laws of O…

635-004-0260 Far Offshore Fishery Trip Limit Except for the licensing requirements provided in OAR 635-004-0245, there are no trip limits or landing restrictions for fish or fish products taken in the far offshore fishery. Statutory/Other Authority: ORS 496.138, 496.162, 506.036,…

635-004-0265 Fishing Within 200-Mile Fishery Zone — When Unlawful It is unlawful for the operator of any vessel to fish in or land fish from the 200-mile Exclusive Economic Zone or from state waters during any trip for which a declaration to participate in the far offshore fisher…

635-004-0270 Organization of Groundfish Rules Administrative rules contained in OAR 635-004-0275 through 635-004-0280 shall apply to all fisheries in the Groundfish Section, and are in addition to and not in lieu of Division 004, General Regulations contained in OAR 635-004-0200 …

635-004-0275 Scope, Inclusion, and Modification of Rules (1) The commercial groundfish fishery in the Pacific Ocean off Oregon is jointly managed by the state of Oregon and the federal government through the Pacific Fishery Management Council process. The Code of Federal Regulati…

635-004-0280 Maintaining Records of Cumulative Catch Vessels landing groundfish under a cumulative catch limit shall keep copies of fish landing receipts on board for inspection by authorized enforcement officials for a minimum of 90 days from date of delivery. Receipts shall be …

635-004-0285 Trawl and Fixed Gear Groundfish Fisheries Defined "Trawl and Fixed Gear Groundfish Fisheries" means the commercial fisheries for groundfish species as defined in the Pacific Coast Groundfish Fishery Management Plan and in the Federal Groundfish Regulations, Title 50 …

635-004-0290 Logbook Required (1) The Department shall make available a logbook to each licensed commercial fishing vessel from which groundfish are taken by means of trawl (including a shrimp trawl net), longline, hook-and-line, or pot gear. (2) The vessel operator of such vesse…

635-004-0295 Black Rockfish, Blue Rockfish and Nearshore Fishery Defined "Black Rockfish/Blue Rockfish/Nearshore Fishery" means the commercial fishery for black rockfish (Sebastes melanops), blue rockfish (Sebastes mystinus), deacon rockfish (Sebastes diaconus) and nearshore spec…

635-004-0300 Requirement for Black Rockfish/Blue Rockfish/Nearshore Fishery Permit (1) Except as provided in OAR 635-004-0360, it is unlawful to take, land or possess black rockfish, blue rockfish, or deacon rockfish without a Black Rockfish/Blue Rockfish Permit or black rockfish…

635-004-0310 Eligibility Requirements for a Permit (1) Vessel owners must meet eligibility requirements for a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit established in ORS 508.947. (2) An individual is eligible to obtain a Black Rockfish / Blue Rockfish/Nearshore Permi…

635-004-0315 Review of Denials (1) An individual whose application for issuance, renewal or transfer of a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit established pursuant to OAR 635-004-0300, 635-004-0320 and 635-004-0330 is denied may make written request to the Board …

635-004-0320 Renewal of Permit (1) Black Rockfish/Blue Rockfish/Nearshore Fishery Permits may be renewed the following year pursuant to ORS 508.947 and ORS 508.949. (2) An application for renewal of a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit shall be considered compl…

635-004-0325 Lottery for Limited Entry Black Rockfish/Blue Rockfish/Nearshore Fishery Permits (1) If the number of permits issued in accordance with OAR 635-004-0300 falls below 80 for Black Rockfish and Blue Rockfish Permits or 50 permits for Black Rockfish and Blue Rockfish Per…