Or. Admin. Code § 635-006-0210

Current through Register Vol. 63, No. 11, November 1, 2024

Section 635-006-0210 - [Effective until 12/31/2024] Fish Receiving 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 bait fisher, the dealer or canner shall prepare at the time of landing a Fish Receiving Ticket, or a separate document in lieu of a Fish Receiving Ticket provided the original dock ticket is attached to the completed dealer copy of the Fish Receiving Ticket and kept on file for inspection by the Director, the Director's authorized agent, or by the Oregon State Police. Fish dealers shall be required to account for all Fish Receiving Tickets received from the Department. Fish Receiving Tickets shall be issued in numerical sequence.

(2) Fish Receiving Tickets shall include the following:

(a) Fish dealer's name and license number, including the buying station and location if the food fish or shellfish were received at any location other than the licensed premises of the fish dealer;

(b) Date of landing;

(c) His or her name from whom purchase is made. If not landed from a vessel, then his or her commercial license number shall be added. If received from a Columbia River treaty Indian, his or her tribal affiliation and enrollment number as shown on the official identification card issued by the U.S. Department of Interior, Bureau of Indian Affairs, or tribal government, shall be used in lieu of an address or commercial fishing license;

(d) Boat name, boat license number, and federal document or State Marine Board number from which catch made;

(e) For groundfish harvested in the limited entry fixed gear fishery, the federal limited entry fixed gear permit number associated with the landing or portion of landing, which shall be provided by the vessel operator to the preparer of the fish ticket;

(f) Port of first landing. The port of first landing will be recorded as where a vessel initially crosses from the Pacific Ocean to inland waters, or is physically removed from the Pacific Ocean, for the purposes of ending a fishing trip;

(g) Fishing gear used by the fisher;

(h) For salmon, zone or area of primary catch and for Dungeness crab, all harvest areas as defined by OAR 635-006-0201 from which Dungeness crab were taken;

(i) Species or species group, as determined by the Department, of food fish or shellfish received;

(j) Pounds of each species or species group, as determined by the Department, received:

(A) Pounds must be determined and reported based on condition of the fish when landed, either dressed or round. Dressed pounds may only be used for species with a conversion factor listed at OAR 635-006-0215(3)(g). Measures must be taken using a certified scale.

(B) Pounds shall include those fish or shellfish with no commercial value.

(k) For Columbia River sturgeon the exact number of fish received and the actual round weight of that number of fish;

(l) Price paid per pound for each species received;

(m) Signature of the individual preparing the Fish Receiving Ticket;

(n) Signature of the vessel operator making the landing;

(o) Species name, pounds and value of fish retained by fisher for take home use.

(3) Except as provided in OAR 635-006-0212 and OAR 635-006-0213, the original of each Fish Receiving Ticket covering food fish and shellfish received shall be forwarded within five working days of the date of landing to the Oregon Department of Fish and Wildlife, 4034 Fairview Industrial Drive SE, Salem, OR 97302 or through the Pacific States Marine Fisheries Commission West Coast E-Ticket system or as required by Title 50 of the Code of Federal Regulations, part 660 Subpart C. All fish dealer amendments must be conducted in the same system in which the ticket was initially submitted.

(4) For Columbia River non-treaty mainstem and Select Area commercial fisheries downstream of Bonneville Dam, each licensed wholesale fish dealer, wholesale fish bait dealer, limited fish seller, and food fish canner must submit fish receiving tickets electronically through the Pacific States Marine Fisheries Commission (PSMFC) West Coast E-Ticket System for all salmon, sturgeon, smelt and shad landed. Electronic fish tickets (e-tickets) must be submitted within 24 hours of closure of the fishing period, or within 24 hours of landing for fishing periods lasting longer than 24 hours. All fish dealer amendments to electronic fish tickets must be conducted in the same system in which the tickets were initially submitted.

(5) For the Ocean and Bay Dungeness Crab Fisheries, as defined in OAR 635-005-0400 and OAR 635-005-0500, each licensed wholesale fish dealer, wholesale fish bait dealer, limited fish seller, and food fish canner must submit fish receiving tickets electronically through the Pacific States Marine Fisheries Commission (PSMFC) West Coast E-Ticket System for all Dungeness crab landed. Electronic fish tickets (e-tickets) must be submitted within one working day of the date of landing. All fish dealer amendments to electronic fish tickets must be conducted in the same system in which the tickets were initially submitted.

(6) For the Intertidal and Dive Bay Clam Fisheries, as defined in OAR 635-005-0305 and OAR 635-005-0365, each licensed wholesale fish dealer, wholesale fish bait dealer, limited fish seller, and food fish canner must submit fish receiving tickets electronically through the PSMFC West Coast E-Ticket System for all clams landed, with the exception of razor clams. E-tickets must be submitted within one working day of the date of landing. All fish dealer amendments to electronic fish tickets must be conducted in the same system in which the tickets were initially submitted.

(7) Wholesale fish bait dealers landing small quantities of food fish or shellfish may request authorization to combine multiple landings on one Fish Receiving Ticket and to deviate from the time in which Fish Receiving Tickets are due to the Department. Such request shall be in writing, and written authorization from the Department shall be received by the wholesale fish bait dealer before any such deviations may occur.

(8) Notwithstanding section (2)(j)(A) of this rule, for vessels registered to a federal limited entry trawl permit with a Catcher/Processor endorsement, and a valid declaration for the limited entry, midwater trawl, Pacific whiting catcher/processor sector, and landing processed fish, round pounds may be determined at sea prior to landing using scales that meet the requirements of the Code of Federal Regulations, Part 660, Subpart C, Section 660.15(b).

Or. Admin. Code § 635-006-0210

FC 246-1972, f. 5-5-72, cert. ef. 5-15-72; FC 274-1974, f. 3-20-74, cert. ef. 4-11-74; FWC 28-1975, f. 11-28-75, cert. ef. 1-1-76, Renumbered from 625-040-0135, 635-036-0580; FWC 1-1986, f. & ef. 1-10-86; FWC 99-1987, f. & ef. 11-17-87; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 22-1992(Temp), f. 4-10-92, cert. ef. 4-13-91; FWC 53-1992, f. 7-17-92, cert. ef. 7-20-92; FWC 16-1995(Temp), f. & cert. ef. 2-16-95; FWC 23-1995, f. 3-29-95, cert. ef. 4-1-95; DFW 63-2003, f. & cert. ef. 7-17-03; DFW 117-2003(Temp), f. 11-25-03, cert. ef. 12-1-03 thru 2-29-04; DFW 10-2004, f. & cert. ef. 2-13-04; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 164-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12; DFW 151-2012, f. 12-27-12, cert. ef. 1-1-13; DFW 136-2013, f. 12-19-13, cert. ef. 1-1-14; DFW 100-2015(Temp), f. & cert. ef. 8-4-15 thru 12-31-15; DFW 4-2016(Temp), f. 1-26-16, cert. ef. 2-1-16 thru 7-29-16; DFW 90-2016(Temp), f. 7-12-16, cert. ef. 7-29-16 thru 12-31-16; DFW 149-2016, f. 12-7-16, cert. ef. 1/1/2017; DFW 7-2017(Temp), f. 2-1-17, cert. ef. 2-2-17 thru 7-29-17; DFW 95-2017(Temp), f. 7-26-17, cert. ef. 7-30-17 thru 12-31-17; DFW 42-2018, temporary amend filed 04/06/2018, effective 04/06/2018 through 10/02/2018; DFW 6-2019, amend filed 01/23/2019, effective 1/23/2019; DFW 148-2019, amend filed 09/30/2019, effective 12/1/2019; DFW 7-2021, temporary amend filed 02/08/2021, effective 02/08/2021 through 08/03/2021; DFW 9-2021, temporary amend filed 02/10/2021, effective 02/10/2021 through 08/03/2021; DFW 80-2021, temporary amend filed 06/21/2021, effective 07/01/2021 through 08/03/2021; DFW 113-2021, temporary amend filed 08/06/2021, effective 8/7/2021 through 12/27/2021; DFW 178-2021, temporary amend filed 12/21/2021, effective 12/28/2021 through 12/31/2021; DFW 6-2022, temporary amend filed 01/27/2022, effective 01/28/2022 through 03/31/2022; DFW 34-2022, amend filed 04/08/2022, effective 4/8/2022; DFW 139-2022, minor correction filed 10/04/2022, effective 10/4/2022; DFW 93-2024, temporary amend filed 10/03/2024, effective 10/7/2024 through 12/31/2024

Statutory/Other Authority: ORS 496.138, ORS 496.146, ORS 496.162, ORS 506.036, ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508.535

Statutes/Other Implemented: ORS 506.109, ORS 506.129, ORS 508.040, ORS 508.530, ORS 508.535, ORS 508.550 & ORS 508.025