Oregon Administrative Code

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 …

635-005-0465 Closed Season in Pacific Ocean and Columbia River (1) It is unlawful to take, land or possess Dungeness crab for commercial purposes from the Pacific Ocean or Columbia River from August 15 through December 1, 08:59 AM. (2) The season opening for the commercial Ocean …

635-005-0466 Dungeness Crab Closure or Evisceration Requirement Based on Biotoxin Testing (1) For the purposes of this rule, unless context requires otherwise, the following definitions apply: (a) “Biotoxin management zone” means one or more harvest areas that due to test results…

635-005-0470 Dungeness Crab Fishery Possession and Landing Limits (1) It is unlawful, from the second Monday in June through August 14, for any permitted ocean Dungeness crab vessel to take, land or possess more than 1,200 pounds of Dungeness crab per week from the Pacific Ocean …

635-005-0475 Dungeness Crab Gear Specifications It is unlawful for commercial purposes to: (1) Take crab by any means other than crab pots or crab rings as defined in OAR 635-005-0240. (2) Possess on a vessel, use, control, or operate any crab pot which is greater than thirteen c…

635-005-0480 Dungeness Crab Buoy Tag and Gear Marking Requirements It is unlawful for commercial purposes to: (1) Use commercial Dungeness crab gear in the Columbia River or Pacific Ocean unless the gear is individually marked with a surface buoy bearing, in a visible, legible an…

635-005-0485 Dungeness Crab Gear Prohibitions It is unlawful for commercial purposes to: (1) Place, operate, or leave Dungeness crab gear in the Pacific Ocean, Columbia River or in any bay or estuary during the closed season, except that in only the Pacific Ocean and Columbia Riv…

635-005-0490 Derelict Dungeness Crab Gear Derelict Dungeness crab gear may be retrieved from the ocean, including the Columbia River, and transported to shore provided that: (1) The retrieving vessel holds a valid boat license, issued pursuant to ORS 508.260, and the captain and …

635-005-0491 Post-season Derelict Gear Recovery Permits (1) Fifteen days after the close of ocean commercial crab season, the Department may grant Post-Season Derelict Gear Recovery Permits to commercial vessels, licensed pursuant to ORS 508.260, to recover Dungeness crab gear th…

635-005-0495 Size and Sex of Pacific Ocean Dungeness Crab (1) It is unlawful to take, land or possess for commercial purposes: (a) Female Dungeness crab; or (b) Male Dungeness crab less than 6-1/4 inches measured the shortest distance through the body of the crab from edge of she…

635-005-0500 Bay and Estuary Dungeness Crab Fishery Defined “Bay and Estuary Dungeness crab fishery” means all fishing for Dungeness crab (Cancer magister) for commercial purposes in Oregon bays and estuaries, except the Columbia River. Statutory/Other Authority: ORS 506.036, 506…

635-005-0502 Logbook Required — Bay and Estuary Dungeness Crab Fishery (1) The Department shall make available a logbook to each licensed commercial fishing vessel used to take Dungeness crab from Oregon Bays and Estuaries. (2) The vessel operator of such vessel is responsible fo…

635-005-0505 Closed Season in Bays and Estuaries (1) For the purposes of the Bay and Estuary Dungeness Crab Fishery, the Columbia River is considered the Pacific Ocean and is closed to all commercial harvest of Dungeness crab without a valid Ocean Dungeness Crab Permit pursuant t…

635-005-0510 Fishing Gear In Bays and Estuaries In all bays and estuaries other than the Columbia river, it is unlawful for commercial purposes to: (1) Take, land or possess Dungeness crab with any gear other than crab rings. (2) Operate more than 15 individual crab rings from an…

635-005-0515 Size and Sex of Bay and Estuary Dungeness Crab (1) It is unlawful to take, land or possess for commercial purposes: (a) Female Dungeness crab; or (b) Male Dungeness crab less than 6-1/4 inches measured the shortest distance through the body of the crab from edge of s…

635-005-0520 Red Rock, Box, Tanner, and other Crab Fishery Defined “Red Rock, Box, Tanner and Other Crab fisheries” means all fishing for red rock crab (Cancer productus) in Oregon estuaries and the Pacific Ocean for commercial purposes, and all fishing for box crab (Lopholithode…

635-005-0525 Permits Required for Red Rock Crab and Box Crab (1) It is unlawful to take, land or possess red rock crab from bays and estuaries without first obtaining a Commercial Shellfish And Intertidal Animal Harvest Permit pursuant to OAR 635-005-0245 and 635-005-0250. (2) It…

635-005-0530 Tanner and Box Crab Taken in Trawl Nets Notwithstanding OAR 635-005-0540, the Department may issue permits to land Tanner and box crab taken as incidental catch in trawl nets outside Oregon waters. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 St…

635-005-0535 Closed Season — Red Rock, Box, Tanner, and other Crab Fisheries (1) It is unlawful to take, land or possess Tanner, Oregon hair and scarlet king crab from the Pacific Ocean from November 1 until the opening of the next ocean Dungeness crab season in that area. (2) It…

635-005-0540 Fishing Gear — Tanner, Oregon Hair and Scarlet King Crab (1) Except as provided in OAR 635-005-0530, it is unlawful to take Tanner, Oregon hair and scarlet king crab for commercial purposes except by crab rings, crab pots, and crab pot longline gear. Crab pots and cr…

635-005-0545 Fishing Area — Tanner, Oregon Hair and Scarlet King Crab It is unlawful to take Tanner, Oregon hair and scarlet king crab from the Pacific Ocean shoreward of the 40 fathom contour line as defined in the Code of Federal Regulations Title 50, Section 660.71(k). Statuto…

635-005-0550 Size and Sex — Tanner, Oregon Hair and Scarlet King Crab There are no size or sex restrictions for the taking of red rock, box, Tanner, Oregon Hair and scarlet king crab. However, these crab shall not be mutilated before landing so that species cannot be determined. …

635-005-0555 Incidental Catch Limits (1) All groundfish, Dungeness crab and salmon, as defined in OAR 635-005-0240, taken in any commercial Tanner, Oregon hair and scarlet king crab fishery must be returned to the water immediately. (2) All groundfish and salmon, as defined in OA…

635-005-0560 Tanner Crab Notification of Activity (1) All Tanner crab fishers must provide, to Department offices and processing plants on the list provided by the Marine Resources Program office in Newport, a Notice of Intent to set gear at least one week in advance of any gear …

635-005-0565 Logbook Required — Red Rock, Box, Tanner, and other Crab Fisheries (1) The Department shall make available a logbook to each licensed commercial fishing vessel used to take any of the species outlined in OAR 635-005-0520. (2) The vessel operator of such vessel is res…

635-005-0570 Organization of Shrimp Fishery Rules The Shrimp Section includes regulations for the Pink Shrimp, Spot and Coonstripe Shrimp, and Brine Shrimp fisheries. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 & 506.…

635-005-0575 Pink Shrimp Fishery Defined “Pink shrimp fishery” means the commercial fishery targeting smooth pink or ocean shrimp (Pandalus jordani) in the Pacific Ocean. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109 Hi…

635-005-0580 Requirement for Pink Shrimp Permit (1) It is unlawful to take, land or possess pink shrimp for commercial purposes without first obtaining a Pink Shrimp Permit pursuant to ORS 508.880 and 508.883. (2) It is unlawful for a wholesaler, canner, or buyer to buy or receiv…

635-005-0590 Eligibility Requirements for a Pink Shrimp Permit (1) An individual or a commercial licensed vessel under ORS 508.260 is eligible to obtain a Pink Shrimp Permit required by OAR 635-005-0580: (a) By renewal of the previous year’s permit as specified in OAR 635-005-060…

635-005-0595 Revocation and Refusal to Issue Pink Shrimp Permits The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a Pink Shrimp Permit pursuant to ORS 508.898. Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implem…

635-005-0600 Review of Denials — Pink Shrimp Permits (1) An individual whose application for issuance, renewal or transfer of a Pink Shrimp Permit established pursuant to OAR 635-005-0580, 635-005-0605 or 635-005-0615 is denied may make written request to the Board for review of …

635-005-0605 Renewal of Pink Shrimp Permit (1) Pink Shrimp Permits may be renewed the following year pursuant to ORS 508.892 and ORS 508.901. (2) An application for renewal of a Pink Shrimp Permit shall be considered complete if it is legible, has all information requested in the…

635-005-0610 Lottery for Limited Entry Pink Shrimp Permits (1) If the number of Pink Shrimp Permits issued in accordance with ORS 508.892 falls below 150, the Department may issue Pink Shrimp Permits by a lottery system pursuant to 508.904. However, the total number of Pink Shrim…