Oregon Administrative Code

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. …

635-005-0940 Logbook Required — Octopus Fishery (1) The Department shall make available a logbook to each licensed commercial fishing vessel from which any species of octopus are taken, regardless of gear. (2) The vessel operator of such vessel is responsible for maintaining the …

635-006-0001 Definitions As used in Division 006 regulations: (1) “Board” means the Commercial Fishery Permit Board. (2) “Boat” means any vessel, any floating craft, powered, towed, rowed or otherwise propelled which is used for landing or taking food fish, as specified in ORS 50…

635-006-0005 Fishing Gear Specifications and Operation It is unlawful for any individual to take or land food fish from the waters of this state or the Pacific Ocean with fishing gear which does not meet the specifications, or is not operated as provided or authorized by statute …

635-006-0010 Possession of Unlawful Fishing Gear Prohibited It is unlawful to have on board any commercial fishing boat while fishing or landing food fish, taken for commercial purposes, any fishing gear which is not authorized by statute or Department of Fish and Wildlife regula…

635-006-0015 Personal Use Fishing with Commercial Fishing Gear Prohibited In accordance with ORS 508.240, it is unlawful to retain any species of food fish for personal use taken while fishing under a commercial fishing license. In addition, except as the Commission by rule may p…

635-006-0020 Experimental Fishing Gear Permit (1) The Department is authorized to issue Experimental Fishing Gear Permits (EFGPs) for the taking of food fish under the authority of ORS 508.106 provided the use of such fishing gear is not otherwise prohibited by the commercial fis…

635-006-0100 Retail Fish Dealer License (1) No license is required of a retail fish dealer. (2) It is unlawful for a retail fish dealer to have in possession any fresh food fish or shellfish received from other than a wholesale fish dealer. Statutory/Other Authority: ORS 506.109,…

635-006-0105 Wholesale Fish Dealer License A wholesale fish dealer license is required to perform any of the activities defined as a “wholesale fish dealer” under OAR 635-006-0001. Statutory/Other Authority: ORS 506.109, 506.119, 506.129 & 508 Statutes/Other Implemented: ORS 506.…

635-006-0110 Food Fish Canner License A food fish canner license is required to perform any of the activities defined as a “food fish canner” under OAR 635-006-0001. This license is in lieu of, and not in addition to, a wholesale fish dealer license. Statutory/Other Authority: OR…

635-006-0115 Shellfish Canner License A shellfish canner license is required to perform the activities defined as a “shellfish canner” under OAR 635-006-0001. This license is in lieu of, and not in addition to, a wholesale fish dealer’s license. Statutory/Other Authority: ORS 506…

635-006-0120 Fish Buyer License A fish buyer license is required to perform the activities defined as a “fish buyer” under OAR 635-006-0001. This license is in addition to the wholesale fish dealer, fish canner, or shellfish canner’s license. Statutory/Other Authority: ORS 506.10…

635-006-0125 Fish-Buying Station License A fish buyer license is required at the location where the activities defined as a “fishbuying station” under OAR 635-006-0001 occurs. This license is in addition to the wholesale fish dealer, fish canner, or shellfish canner’s license. St…

635-006-0130 Wholesale Fish Bait Dealer License The sale of food fish or shellfish under a wholesale fish bait dealer’s license for any other purpose than use as bait, for scientific or educational purposes, or for live public display is prohibited. Statutory/Other Authority: ORS…

635-006-0131 Retail Fish Bait Dealer License No license is required of a retail fish bait dealer. Statutory/Other Authority: ORS 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.119 & 506.129 History: FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92

635-006-0132 Limited Fish Sellers Permit (1) The permit referred to in ORS 508.550 shall be available to commercial fishers who hold a valid commercial fishing license, and who sell the catch off his or her own vessel, or a vessel operated by the fisher. (2) It is unlawful under …

635-006-0134 Bonding Requirements In accordance with ORS 508.415 and 508.550, the minimum bond amount is $25.00 for wholesale bait dealers; $1,000.00 for wholesale fish dealers, fish canners, and shellfish canners; and $200.00 for limited fish sellers. Bond amounts are determined…

635-006-0135 Alteration, Borrow, or Loan License Unlawful It is unlawful for any person to alter, borrow, or loan any license issued by the Director. Statutory/Other Authority: ORS 508.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.119, 506.129 & 506…

635-006-0136 License Holder Consent to Inspection It is unlawful to: (1) Refuse to present or submit to the inspection of any fishing gear, fish or parts thereof, or license(s) subject to such person’s control when requested or required by any peace officer of this state or upon …

635-006-0140 Boat License (1) A boat license is issued in accordance with ORS 508.035 and 508.260 of the commercial fishing laws and is required for the owner or operator of any boat used in taking food fish or shellfish for commercial purposes, except for the taking of clams or …

635-006-0145 Commercial Fishing License (1) A commercial fishing license is issued in accordance with ORS 508.035 and 508.235 of the commercial fishing laws and is required for each individual who for commercial purposes: (a) Takes or assists in the taking of any food fish or she…

635-006-0150 Single Delivery License (1) The Single Delivery License is issued in accordance with ORS 508.035 for a one-time landing of food fish in a 12-month period and is in lieu of the commercial fishing and boat license described in OAR 635-006-0140 and 635-006-0145. Where “…

635-006-0155 Juvenile Jig Line License This license is issued in accordance with ORS 508.121 of the commercial fishing laws. [ED. NOTE: This rule was Renumbered from 625-040-0090, 1975; Renumbered from 635-036-0555, 1979] Statutory/Other Authority: ORS 508 Statutes/Other Implemen…

635-006-0160 Bait Fishing License (1) A bait fishing license may be is issued in accordance with ORS 508.312 of the commercial fishing laws and is required for any individual taking or assisting in the taking of food fish or shellfish for sale to a fish bait dealer or for use as …

635-006-0165 Commercial Fisher Transportation Report (1) It is unlawful for any commercial fisher or any other person to transport food fish or shellfish in this state without first preparing and having in possession a written transportation report, invoice, or memorandum. The tr…

635-006-0200 Required Records (1) All retail fish dealers, retail and wholesale fish bait dealers, wholesale fish dealers, buyers, food fish canners and shellfish canners shall keep a record of all food fish and shellfish received whether from a fisher or from other fish dealers.…

635-006-0201 Required Records for Dungeness Crab Traceability (1) For the purposes of this rule, “Dungeness crab” means all Dungeness crab products whether live, cooked, or processed. (2) For all Dungeness crab received the records required by OAR 635-006-0200 shall include the f…

635-006-0205 Required Reports (1) Every licensed wholesale fish dealer, wholesale fish bait dealer, food fish canner, and shellfish canner shall report all food fish or shellfish received from commercial fishers or commercial bait fishers authorized to land his or her catch in Or…

635-006-0207 Limited Fish Seller Required Reports (1) This regulation is in addition to, and not in lieu of the provisions contained in OAR 635-006-0205. (2) Every licensed Limited Fish Seller shall report all food fish or shellfish sold directly to consumers. (3) Two reports req…

635-006-0209 Sorting Required (1) It is unlawful to fail to sort into the categories listed in sections (2) and (3) of this rule, prior to the first weighing after offloading, those groundfish species or species groups for which there is a trip limit, quota, harvest guideline, ha…

635-006-0210 Electronic Fish Ticket — All Fish (1) Except as provided in OAR 635-006-0211, for each purchase of food fish or shellfish by a licensed wholesale fish dealer, wholesale fish bait dealer, food fish canner, or shellfish canner from a commercial fisher or commercial bai…

635-006-0211 Electronic Fish Ticket — Dungeness Crab and Net Caught Groundfish (1) This regulation is in addition to, and not in lieu of, the provisions contained in OAR 635-006-0210. (2) For net-caught groundfish, at time of landing the following information may be recorded on a…

635-006-0212 Electronic Fish Ticket — Salmon (1) This regulation is in addition to, and not in lieu of, the provisions contained in OAR 635-006-0210. (2) For Ocean Troll-caught salmon, electronic fish tickets shall show the number of each species of salmon landed, the number of h…