Or. Admin. Code § 635-005-0275

Current through Register Vol. 63, No. 10, October 1, 2024

Section 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 individual fisheries listed in this Division are restrained additionally by supplemental regulations specific to those fisheries. Fishers should consult the specific section of the fishery they are interested in for additional regulations.

(2) It is unlawful to possess, deploy, haul, or carry on board a fishing vessel any fishing gear not listed in section (3) of this rule, or fishing gear not in compliance with the restrictions listed in section (4) of this rule, unless such gear is the gear of another vessel that has been retrieved at sea and made inoperable or stowed in a manner not capable of being fished. The disposal at sea of such gear is prohibited by Annex V of the International Convention for the Prevention of Pollution from Ships, 1973 (Annex V of MARPOL 73/78).

(3) It is unlawful to take shellfish and invertebrates for commercial purposes by any means except:

(a) Hook-and-line gear, including, but not limited to handline, pole-and-line, reel-and-line and pole-reel-and-line;

(b) Longlines and vertical hook and lines are permitted in the ocean;

(c) Pots or traps (including pot longline gear) are permitted in the ocean;

(d) Rings;

(e) Dipnets of hoop or A-frame design;

(f) Seines are permitted in the ocean;

(g) Trawl gear is permitted in the ocean;

(h) Trawl gear shall not be used with any other gear type on a single fishing trip.

(i) Set nets are allowed with an experimental gear permit pursuant to OAR 635-006-0020;

(j) Spear is permitted in the ocean;

(k) Dive gear; or

(l) By hand or hand powered methods including shovel, rake, and abalone iron.

(4) Longline, vertical hook-and-line and pot gear other than Dungeness crab gear and crayfish pots or ring nets which is fixed or anchored to the bottom or drifting unattached to the vessel have the following restrictions:

(a) Gear shall not be left unattended for more than seven days;

(b) Pot longline gear shall be marked at the surface and at each terminal end with a pole, flag, light, radar reflector, and a buoy showing clear identification of the owner or operator;

(c) Pot gear used for other than Dungeness crab, hagfish or spot or coonstripe shrimp shall have biodegradable escape panels constructed with #21 or smaller, untreated cotton twine in such manner that an opening at least eight inches in diameter will result when the twine deteriorates.

(5) Fixed gear, other than crayfish pots or ring nets, must be marked with a surface buoy bearing, in a visible, legible and permanent manner, a number clearly identifying the owner or operator of the vessel. The number may be either:

(a) If required by applicable state law, the vessel's number, the commercial fishing license number, or buoy brand number; or

(b) The vessel documentation number issued by the U.S. Coast Guard, or, for an undocumented vessel, the vessel registration number issued by the state.

(6) It is unlawful to use fixed gear that has on any part of the gear line marks or multi-colored line required for any state or federal fishery operating in the U.S. West Coast EEZ or in the state waters of Washington, Oregon, or California, other than the fishery the gear is being used in.

Or. Admin. Code § 635-005-0275

DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12; DFW 147-2019, amend filed 09/30/2019, effective 1/1/2020; DFW 79-2024, amend filed 09/16/2024, effective 9/16/2024

Statutory/Other Authority: ORS 506.119 & ORS 506.129

Statutes/Other Implemented: ORS 506.129 & ORS 506.109