Or. Admin. R. 635-041-0025

Current through Register Vol. 63, No. 4, April 1, 2024

Section 635-041-0025 - Subsistence Fishing Gear

(1) It is lawful at all times to take fish for subsistence purposes by dip net or bag net of a mesh size not exceeding five inches attached to a hoop 26 feet or less in circumference, or by spear, gaff, club, or fouling-hook. All such fishing gear must be tended at all times. The owner's tribal affiliation and enrollment number must be either placed on the upper side of the hoop, or on a tag attached to the hoop, pole, or cable.

(2) It is lawful to use angling gear as defined by the Oregon Wildlife Laws and regulations of the Department.

(3) It is unlawful to use gill nets, set nets, hoop nets, setlines, or dip nets or bag nets of a mesh size exceeding five inches, or any other type of fishing gear not otherwise specifically authorized in section (1) of this rule, except during the times and in the areas where such gear is authorized for commercial fishing.

(a) For hoop nets, dip nets, and bag nets, the owner's tribal affiliation and enrollment number must be either placed on the upper side of the hoop, or on a tag attached to the hoop, pole, or cable.

(b) For set nets, drift nets, or setlines, the owner's tribal affiliation and enrollment number must be placed upon or adjacent to the end corks of set nets and drift nets, on the anchored ends of setlines and submerged nets, and on the anchor floats to which any of these gears are attached.

(4) Notwithstanding the provisions of this rule a treaty subsistence fishing season with gillnets for salmon may occur provided rules for ceremonial fishing and notice requirement (OAR 635-041-0040) are followed.

Or. Admin. R. 635-041-0025

FWC 89, f. & ef. 1-28-77; FWC 133, f. & ef. 8-4-77; FWC 2-1978, f. & ef. 1-31-78; FWC 7-1978, f. & ef. 2-21-78; FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0025; FWC 6-1980, f. & ef. 1-28-80; FWC 1-1981, f. & ef. 1-19-81; FWC 6-1982, f. & ef. 1-28-82; FWC 4-1984, f. & ef. 1-31-84; FWC 79-1986(Temp), f. & ef. 12-22-86; FWC 2-1987, f. & ef. 1-23-87; FWC 10-1988, f. & cert. ef. 3-4-88; FWC 54-1989 (Temp), f. & cert. ef. 8-7-89; FWC 90-1989, f. & cert. ef. 9-6-89; DFW 43-2010(Temp), f. & cert. ef. 4-15-10 thru 10-11-10; Administrative correction 10-26-10; DFW 40-2011(Temp), f. & cert. ef. 5-5-11 thru 10-31-11; Administrative correction, 11-18-11; DFW 13-2017, f. 2-13-17, cert. ef. 2/21/2017

Stat. Auth.: ORS 183.325 & 506.119

Stats. Implemented: ORS 506.129 & 507.030