Oregon Administrative Code

635-004-0605 Incidental Catch of Salmon and Striped Bass (1) It is unlawful to possess any salmon or striped bass taken as an incidental catch under OAR 635-004-0590 through 635-004-0600. (2) Any person fishing with a gill net or setnet for shad under OAR 635-004-0590 through 635…

635-004-0610 Hagfish Fishery Defined “Hagfish fishery” means the commercial fishery for Pacific hagfish (Eptatretus stoutii) and Black hagfish (Eptatretus deani) in the Pacific Ocean. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: O…

635-004-0615 Pacific Hagfish Harvest Guideline When landed annual catch approaches 1.6 million pounds of Pacific Hagfish, the Department Marine Resources Program will hold a public meeting to evaluate the fishery. Statutory/Other Authority: ORS 496.138, 506.036, 506.109, 506.119 …

635-004-0620 Hagfish Fishing Gear (1) It is unlawful for a single commercial fishing vessel to possess, use, control or operate more than 200 hagfish pots. Pots may be fished individually or on common ground line. (2) Pot gear used for hagfish shall include a biodegradable escape…

635-004-0625 Logbook Required — Hagfish (1) The Department shall make available a logbook to each commercial fishing vessel licensed to harvest hagfish. (2) The vessel operator of such vessel is responsible for maintaining the logbook in an accurate and truthful manner and in acc…

635-004-0630 Sturgeon Fishery Defined “Sturgeon fishery” means the commercial fishery for white sturgeon (Acipenser transmontanus) in the areas outlined in OAR 635-004-0635. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109…

635-004-0635 Sturgeon Fishery Closures (1) It is unlawful to take, land or possess white sturgeon (Acipenser transmontanus) for commercial purposes except in the: (a) Columbia River, in the areas and during the times open to the taking of sturgeon for commercial purposes as provi…

635-004-0640 Sturgeon Fishing Gear It is unlawful to take sturgeon for commercial purposes by any means other than the commercial fishing gear authorized in the fishing area in which the sturgeon are taken, except setlines are permitted in the Columbia River. Statutory/Other Auth…

635-004-0645 Sturgeon Size Limit (1) Except as provided in OAR 635-007-0700 through 635-007-0720 it is unlawful to: (a) Take from the waters of this state or to land sturgeon for commercial purposes less than 43 inches or more than 54 inches in fork length; (b) Remove the head or…

635-004-0650 Surfperch Fishery Defined “Surfperch fishery” means the commercial fisheries for calico surfperch (Amphistichus koelzi); redtail surfperch (A. rhodoterus); kelp perch (Brachyistius frenatus); shiner perch (Cymatogaster aggregata); striped seaperch (Embiotoca laterali…

635-004-0655 Closed Surfperch Season It is unlawful to take surfperch for commercial purposes from the Pacific Ocean from August 1 through September 30. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 506.306 H…

635-004-0660 Minor Finfish Fishery Defined “Minor finfish fisheries” means the commercial fisheries for the species listed in OAR 635-004-0665. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 75-201…

635-004-0665 Minor Finfish Species (1) The following list of species is recognized by the Department as minor finfish species: (a) Blue shark (Prionace glauca); (b) Eelpouts (family Zoarcidae); (c) Pacific pomfret (Brama japonica); (d) Pacific sandfish (Trichodon trichodon); (e) …

635-004-0670 Logbook Required — Minor Finfish Fishery (1) The Department shall make available a logbook to each commercial fishing vessel licensed to harvest any minor finfish species included in OAR 635-004-0665. (2) The vessel operator of such vessel is responsible for maintain…

635-004-0675 Intertidal Animal Fishery Defined “Intertidal Animal Fishery” means the commercial fisheries for animals living intertidally on the bottom. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.129 History: D…

635-004-0680 Commercial Shellfish and Intertidal Animal 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 Permit issued by the Departme…

635-004-0685 Commercial Shellfish and Intertidal Animal 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 117-2025…

635-004-0690 Logbook Required — Commercial Shellfish and Intertidal Animal (1) The Department shall make available a logbook to each licensed commercial fisher who holds a valid Commercial Shellfish And Intertidal Animal Permit. (2) Each permit holder is responsible for maintaini…

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) When any of the ann…

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…