Or. Admin. Code § 635-012-0050

Current through Register Vol. 63, No. 10, October 1, 2024
Section 635-012-0050 - Marine Reserve Prohibitions and Allowances
(1) Except as specified in section 3 below, the following activities are prohibited within the Otter Rock, Redfish Rocks, Cape Perpetua, Cascade Head and Cape Falcon marine reserve areas: Take, including fishing or hunting, of any fish or wildlife species.
(2) Take of fish species from the ocean, using hook-and-line from the bank shoreward of a marine reserve, unless specifically authorized, is prohibited.
(3) Notwithstanding the prohibitions in sections (1) and (2) above, person(s) may:
(a) Remove fishing gear from within the marine reserve boundary, provided that the retrieving vessel operator must notify the Oregon State Police at 1-800-452-7888 and receive permission before retrieving the gear and no fish or wildlife species from the retrieved gear shall be retained. Specific to commercial crab pots:
(A) If the pot(s) do not belong to the retrieving vessel, the vessel operator must follow the retrieval requirements set forth in OAR 635-005-0490.
(B) If the pot(s) do belong to the retrieving vessel, the vessel operator may re-set the pot(s) outside of the reserve area pursuant to the requirements set forth in OAR 635-005-0490.
(b) Take fish and wildlife species if authorized by a valid scientific taking permit as required by OAR divisions 635-007 and 635-043.
(c) Have catch onboard while transiting or anchoring in the marine reserve area. Except as allowed by subsection (3)(b) above, fishing gear shall not be deployed in the water at any time within the marine reserve.

Or. Admin. Code § 635-012-0050

DFW 157-2009, f. 12-30-09, cert. ef. 6-30-11; DFW 6-2010, f. 1-22-10, cert. ef. 6-30-11; Suspended by DFW 78-2011(Temp), f. 6-28-11, cert. ef. 6-29-11 thru 12-25-11; Suspended by DFW 157-2011(Temp), f. 12-13-11, cert. ef. 12-25-11 thru 12-31-11; DFW 102-2012, f. & cert. ef. 8-6-12

Stat. Auth.: ORS 506.119 & 506.129

Stats. Implemented: ORS 196.540 - 196.555 & SB 1510 (2012)