Oregon Administrative Code

635-004-0330 Transferability of 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) Black Rockfish / Blue Rockfish / Nearshore Fishery Permit holders may transfer a permit pursu…

635-004-0335 Logbook Required (1) The Department shall make available a logbook to each vessel owner that has a Black Rockfish/Blue Rockfish/Nearshore Fishery Permit. (2) Each vessel owner is responsible for maintaining the logbook in an accurate and truthful manner and in accord…

635-004-0340 Fishing Gear (1) Except as provided in OAR 635-004-0360, it is unlawful to take Black Rockfish/Blue Rockfish/Nearshore Fishery species by any means other than: (a) Hook-and-line gear; or (b) Pot gear may be used if a Developmental Fisheries Permit for nearshore speci…

635-004-0345 Length Limits The minimum length limit for rockfish, greenling, and cabezon taken for commercial purposes by means of non-trawl fishing gear is 12 inches for grass, China, copper, and quillback rockfish and greenling, and 16 inches for cabezon. Statutory/Other Author…

635-004-0350 Harvest Guidelines and Landing Caps (1) Upon attainment of a harvest guideline in the Black Rockfish / Blue Rockfish / Nearshore Fishery, the Department shall initiate consultation to determine if additional regulatory actions are necessary to achieve management obje…

635-004-0355 Trip Limits (1) The trip limits outlined in this rule are set at the beginning of each calendar year based on commercial harvest caps and projected fishing effort and are subject to in-season adjustments and closures. Fishers should refer to Nearshore Commercial Fish…

635-004-0360 Incidental Catch in Other Fisheries A vessel may land black rockfish, blue rockfish, and nearshore species without a permit or endorsement required by OAR 635-004-0300 if the vessel operator: (1) For only one landing per day, lands no more than 15 pounds of a combina…

635-004-0365 Black Rockfish Management Areas (1) Black Rockfish Management Areas are defined as: (a) Tillamook Head (45°56'45" N latitude) to Cape Lookout (45°20'15" N latitude); (b) Cascade Head (45°03'50" N latitude) to Cape Perpetua (44°18' N latitude); (c) From a point (43°30…

635-004-0370 Organization of Coastal Pelagic and Smelt Species Rules (1) Administrative rules contained in OAR 635-004-0375 though 635-004-0379 shall apply to all fisheries in the Coastal Pelagic and Smelt Species section, and are in addition to and not in lieu of division 004 Ge…

635-004-0375 Scope, Inclusion, and Modification of Rules (1) The commercial coastal pelagic species 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 Fed…

635-004-0376 Logbook Required (1) The Department shall make available a logbook to each licensed commercial fishing vessel used to take any Coastal Pelagic Species with purse seine gear. (2) The vessel operator of such vessel is responsible for maintaining the logbook in an accur…

635-004-0377 Fishing Gear (1) For vessels using purse seine gear to take any coastal pelagic species except market squid, a grate must be placed over the intake of the hold of the vessel to sort out larger species of fish. None of the openings between the bars in the grate may ex…

635-004-0378 Bycatch Restrictions For vessels using purse seine gear to take any coastal pelagic specie, 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 th…

635-004-0379 No Reduction Fishery Allowed No more than 10%, by weight, of a coastal pelagic species 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 human…

635-004-0380 Sardine Fishery Defined “Sardine fishery” means the commercial fishery for Pacific sardine (Sardinops sagax) in the Pacific Ocean. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 75-201…

635-004-0385 Requirement for Sardine Permit (1) It is unlawful to take, land or possess sardines from the Pacific Ocean without first obtaining a Sardine Permit issued pursuant to OAR 635-004-0390 through 635-004-0415. The Sardine Permit is not required for vessels to retain sard…

635-004-0390 Sardine Permit Fee (1) The annual fee for a Resident Sardine Permit is $125.00 (plus a $2.00 license agent fee) for applicants. (2) The annual fee for a Nonresident Sardine Permit is $175.00 (plus a $2.00 license agent fee) for applicants. (3) A fee of $100.00 shall …

635-004-0395 Eligibility Requirements for a Sardine Permit (1) An individual or entity is eligible to obtain a Sardine Permit required by OAR 635-004-0385: (a) If issued a Sardine Permit under the Developmental Fisheries Program in 2005; (b) Lawfully made landings of sardines int…

635-004-0400 Review of Denials — Sardine Permit (1) An individual whose application for issuance, renewal or transfer of a Sardine Permit established pursuant to OAR 635-004-0385, 635-004-0405 and 635-004-0410 is denied may make written request to the Board for review of the deni…

635-004-0405 Renewal of Sardine Permit (1) Sardine Permits may be renewed for the following year: (a) By submitting 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 to the Department date-sta…

635-004-0410 Lottery for Limited Entry Sardine Permits (1) If the number of Sardine Permits issued in accordance with OAR 635-004-0385 falls below 24, the Department in the next succeeding calendar year may issue Sardine Permits by a lottery system. However, as a result of such a…

635-004-0415 Transferability of Sardine Permits (1) Any transfer of a Sardine Permit away from a vessel without the written consent of each person holding a security interest in such vessel is void. (2) Sardine Permits are transferable up to two times in one calendar year. (3) Ap…

635-004-0430 Sardine Catching Vessel (1) Only a sardine catching vessel may pump fish onboard, directly from the pursed seine of another sardine catching vessel, and lawfully land that catch. (2) For the purposes of this rule, “Sardine catching vessel” means a vessel holding a va…

635-004-0445 Inland Waters Herring Fishery Defined “Inland waters herring fishery” means the commercial fishery for Pacific herring (Clupea harengus pallasi) in bays and estuaries. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS …

635-004-0450 Inland Waters Herring Season The following are season restrictions for the commercial taking of herring in inland waters: (1) In all inland waters except Yaquina Bay, herring taken during the period January 1 through April 15 may only be sold for use as bait. (2) In …

635-004-0455 Yaquina Bay Roe-Herring Fishery Defined “Yaquina Bay Roe-Herring fishery” means the commercial fishery for Pacific herring (Clupea harengus pallasi) open annually between January 1 and April 15 in Yaquina Bay. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 …

635-004-0460 Requirement for Yaquina Bay Roe-Herring Permit (1) It is unlawful to take, land or possess herring in the Yaquina Bay roe-herring fishery without first obtaining a Yaquina Bay Roe-Herring Permit issued pursuant to OAR 635-004-0465 through 635-004-0495. (2) It is unla…

635-004-0470 Eligibility Requirements for a Yaquina Bay Roe-Herring Permit (1) Individuals must meet eligibility requirements for a Yaquina Bay Roe-Herring Permit found in these rules. (2) An individual licensed under ORS 508.235 is eligible to obtain a Yaquina Bay Roe-Herring Pe…

635-004-0475 Revocation and Refusal to Issue Permits The Commission may revoke and refuse subsequent issuance of a Yaquina Bay Roe-Herring Permit pursuant to ORS 508.485 and 508.490. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: OR…

635-004-0480 Review of Denials (1) An individual whose application for issuance, renewal or transfer of a Yaquina Bay Roe-Herring Permit established pursuant to OAR 635-004-0460, 635-004-0485 and 635-004-0495 is denied may make written request to the Board for review of the denia…

635-004-0485 Renewal of Yaquina Bay Roe-Herring Permit (1) Yaquina Bay Roe-Herring Permits may be renewed pursuant to ORS 508.765. (2) An application for renewal of a Yaquina Bay Roe-Herring Permit shall be considered complete if it is legible, has all information requested in th…

635-004-0490 Lottery for Limited Entry Yaquina Bay Roe-Herring Permits (1) If the number of Yaquina Bay Roe-Herring Permits issued in accordance with OAR 635-004-0460 falls below six, the Department in the next succeeding calendar year may issue Yaquina Bay Roe-Herring Permits by…

635-004-0495 Transferability of Yaquina Bay Roe-Herring Permits (1) Any transfer of a Yaquina Bay Roe-Herring Permit without the written consent of each person holding a security interest in such permit is void. (2) A Yaquina Bay Roe-Herring Permit is transferable to: (a) A repla…

635-004-0505 Roe-Herring Season and Harvest Limit (1) The open season for the taking of herring for roe in Yaquina Bay is January 1 through April 15. (2) The yearly commercial harvest cap for the Yaquina Bay commercial roe herring fishery shall not exceed 20% of the available spa…

635-004-0510 Fishery Pacific Ocean Herring Defined “Pacific Ocean herring fishery” means the commercial fishery for Pacific herring (Clupea harengus pallasi) in the Pacific Ocean. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 5…

635-004-0515 Pacific Ocean Herring Season There is no closed season for the commercial taking of herring in the Pacific Ocean. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: Renumbered from 635-004-002…

635-004-0525 Anchovy Fishery Defined “Anchovy fishery” means the commercial fishery for Northern anchovy (Engraulis mordax) in the Pacific Ocean, the Columbia River and the bays and estuaries outlined in OAR 635-004-0530(1). Statutory/Other Authority: ORS 506.036, 506.109, 506.11…

635-004-0530 Inland Waters Anchovy Fishery (1) Anchovies may be harvested by commercial vessels in Tillamook, Yaquina, Winchester, and Coos Bays to be used as live bait in commercial fishing operations by the catching vessel from July 1 through October 31. (2) Any vessel engaged …

635-004-0540 Smelt Fishery Defined “Smelt fishery” means the commercial fishery for all species in the family Osmeridae in the Pacific Ocean and Columbia River. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 Hi…

635-004-0545 Smelt Fishery Prohibitions (1) Smelt may be taken for commercial purposes from the Columbia River described in OAR 635-042-0130. (2) The targeted take of smelt for commercial purposes is prohibited at all times. (3) Incidentally caught smelt may be landed by vessels …

635-004-0550 Organization of Highly Migratory Species Rules Administrative rules contained in OAR 635-004-0555 shall apply to all fisheries in the Highly Migratory Species Section, and are in addition to and not in lieu of Division 004 General Regulations contained in OAR 635-004…

635-004-0555 Scope, Inclusion, and Modification of Rules (1) The commercial highly migratory species 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 Fe…

635-004-0560 Albacore Tuna Fishery Defined “Albacore tuna fishery” means the commercial fishery for albacore tuna (Thunnus alalunga) in the Pacific Ocean. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History:…

635-004-0570 Exemption to Far Offshore Fishery Restriction Albacore tuna vessel operators are exempt from Far Offshore Fishery regulations pursuant to OAR 635-004-0240 through 635-004-0265 for fishing for or landing albacore tuna only. Statutory/Other Authority: ORS 506.036, 506.…

635-004-0575 Organization of Other Finfish Rules The Other Finfish Section includes regulations for Halibut, Coastal Rivers Shad, Hagfish, Sturgeon, Surfperch, Minor Finfish and Intertidal Animal Fisheries. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statut…

635-004-0580 Pacific Halibut Fishery Defined “Halibut fishery” means the commercial fishery for Pacific halibut (Hippoglossus stenolepis) in the Pacific Ocean. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 His…

635-004-0585 Scope, Inclusion, and Modification of Pacific Halibut Fishery Rules (1) The commercial Pacific halibut fishery in the Pacific Ocean off Oregon is jointly managed by the state of Oregon, the federal government, and the International Pacific Halibut Commission (IPHC). …

635-004-0590 Coastal Rivers Shad Fishery Defined “Coastal rivers shad fishery” means the commercial fishery for American shad (Alosa sapidissima) in the bays and rivers specified in OAR 635-004-0595. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Othe…

635-004-0595 Closed Coastal Rivers Shad Season (1) It is unlawful to take shad for commercial purposes from the inland waters of this state other than: (a) The Columbia River as provided in OAR 635-042-0105 through 635-042-0110. (b) The Coquille, Siuslaw, Umpqua and Smith Rivers …

635-004-0600 Coastal Rivers Shad Fishing Gear (1) It is unlawful to take shad for commercial purposes by any means other than: (a) Gillnets or set nets of a mesh size not less than five inches nor more than 6-1/2 inches in the Coquille and Siuslaw Rivers; (b) Gillnets having a me…