a
OREGON
IOREGONI
Summary of
Agenda Item
Summary
of Agenda
I
Fish & Wildlife
Title:
Disabled Clam Digger
Digger Pennit
Permit
Date of Meeting:
April 26.
1995
26. 1995
JJim
im Golden
Principal Staff Person:
DougDeHart
DeHart
Person: Doug
6
Exhibit
Exhibit #______________
#
867-4741
867-4741
Phone:229-5410 Ext.347
Ext 347
Read
Read and
and Approved
Approved by:
by:
Division Chief:
redacted
Attorney
Attorn e General:
reda
Director:
Director cted
Date:
, 3 1 ~95
Date:
fl./d $5-
a t :
6723/4Lf
1
Description of Item:
Oregon
currently has
provisions for
people with
with disabilities
disabilities who
wish to
Oregon currently
has no
no provisions
for people
who wish
participate
in
clam
digging
but
are
unable
to
perform
the
entire
operation
themselves
participate
perform the entire operation themselves.
Disabled clam
clam digger permits will enable people with disabilities
disabilities to
to have
have assistance
assistance
digging clams.
clams.
Public Involvement Process:
Public
Correspondence and
and public
public meeting
meeting with
with disabled
disabled advocates,
advocates, fall
fall 1994 and
and winter
winter
Correspondence
1995. Public
1995
Public testimony
testimony at
at Commission
Commissionmeeting,
meeting, April
Apnl 1995.
1995
Supplemental Information Attached:
YesX
Y
e s X
NoNo___
flearing Notice:
Hearing
Notice:
Yes
Yes&X
No_______
No-
OREGON
Summary of Agenda Item. - page 2
I
r4
Relationship to:
-
Oregon revised statute
statute-
506 109.506119.
506 119.and
and506.129
506 129
ORS ## 506109,
ORS
Oregon administrative
administrativerule
rule-Oregon
OAR #635-11-120
635-11-120and
and635-39-090
635-39-090
OAR#
Optionsavailable
available to
to Commission:
Commission:
Options
Adoptproposed
proposedrules
rulesenabling
enablingdisabled
disabled persons
persons to
toobtain
obtainpermits
permitsallowing
allowingothers
others
1. Adopt
to assist
assist them
them in
in digging
digging clams.
clams
to
Adopt
proposed
rules
with
modifications
2
proposed rules with modifications.
2.
action on
on the
the issue
issue
33. Defer action
Option recommended:
recommended: #1
Option
Draft Motion:
I move to amend
amend OAR 635-11-120 and 635-39-090 to
provide disabled
disabled clam digger
tb provide
disabled recreational clam diggers who need assistance.
assistance
permits for disabled
NOTICE OF
OF PROPOSED
PROPOSED RULEMAKING HEARING
(Statement of Need and Fiscal Impact must accompany this form.)
Fish Division
De~aftInentof
Wildlife
of Fish and Wildlife
Oregon Department
(DIVISION)
(DIVISION)
(AGENCY NAME)
OAR CHAPTERCHAPTER 635
DATE:
DATE:
TWIE:
TIME:
LOCATION:
LOCATION:
4-26-95
4-26-95
*TBA
tTBA
V i a g e Green
Village
Resort Motor Hotel
725
725 Row
R o w River Road
Cottage Grove, OR
O R 97424
Cottage
97424
TWIE:
TIME:
DATE:
DATE:
LOCATION
** The
The meeting
meeting begins
however, there
An agenda
agenda will
will be
be available
available 10
10
begins at
at 8:00
8:00 a.m.;
am.; however,
there will
will be
be more
more than
than one
one agenda
agendaitem.
item. An
days prior to the meeting showing the general order in which items will be
be heard.
heard. The
Theagenda
agendaisisavailable
availableby
by writing
writingor
or
calling
calling the
the address
addressbelow.
below.
HEARINGS OFFICER(s):
OFFICER(s):
STATUTORY AUTHORITY: ORS
ORS
496
138.496
162. 506
119 and 506.129
506 129
496.138,
496162.
506.119
;, or
01
CHAPTER(s)
, OREGON
OREGON LAWS
19 19 __________________________; ;or
CHAPTER(s)________________
LAWS
or
19
, 19-
,, or SENATE
SENATE BILL(s)
BILL(@
HOUSE BILL(s)
ADOPT:
New rules
AMEND:
AMEND:
Chapter 635,
635, Divs.
Chapter
D i v s . 11
11 and
a n d 39
LEGISLATURE
LEGISLATURE
--
REPEAL:
REPEAL:
FE]l 'This
E
h s hearing
heanng notice is the initial
initial notice
notlce given for this rulemaking action.
This hearing
hearing was requested
requested by
by interested
interested persons after
after aa previous
previous rulemaking
rulemakingnotice.
notice.
EEl
are available
availableupon
upon advance
advance request.
request
El
Auxiliary aids for persons with disabilities
disabilities are
LI
SUMMARY:
Accommodates persons
persons with
with disabilities
disabilities who want ttoo participate in harvesting shellfish
shellfish for
Accommodates
for
personal use.
DATE
5-1-95
DATE PROPOSED
PROPOSEDTO
TOBE
BEEFFECTIVE:
EFFECTIVE::: 5-1-95
COMMENT:
LAST DATE FOR COMMENT:
4-26-95
4-26-95
RULES COORDINATOR:
COORDINATOR:
Jan Ragni
Carolyn Porter
Porter (Staff)
Ragni (Agency):
(Agent?;)._ Carolvn
ADDRESS:
ADDRESS:
Oreeon
Wildlife
Oregon Department ooff Fish and Wildlife
P.
0. Box
Box 59
59
P 0
Portland,
OR 97207
Portland. OR
97207
TELEPHONE:
TELEPHONE:
(503')
305 oorr Ext.
Ext 353
353
Ext. 305
(503) 229-5400.
229-5400, Ext
Interested persons may
may comment
comment on
onthe
the proposed
proposedrules
rulesorally
orallyororininwriting
writingatatthe
thehearing.
hearing. Written comments will also be
cyqdered
ifreceived
received by the
the date
date indicated
indicatedabove.
above.
c sidered if
I,
redacted
-
,440'k7 ç;y
Signature
SED
414
SED 424
(Rev. 9/1/93>
9/1193)
(Rev
Date
STATEMENT OF NEED AND
AND FISCAL
FISCAL IMPACT
IMPACT
BEFORE THE FISH AND WILDLIFE COMMISSION
COMMISSION
OF THE STATE OF OREGON
In the Matter of the Adoption of
Rules to exclude persons with
disabilities from
from the
the requirement
take their
their own
own catch
catchlimit
l i t
that they take
of shellfish
STATUTORYAUTHORITY,
AUTHORITY,
)) STATUTORY
)) STATEMENT
STATEMENT OF NEED,
)) PRINCIPAL DOCUMENTS RELIED UPON
)) ADVISORY COMMITTEE,
COMMITTEE,
)) AND
AND STATEMENT
STATEMENTOF
OFFISCAL
FISCAL IMPACT
IMPACT
1. Citation of Statutory
496. 162, 506.119,
129.
1.
Statutorv Authority:
Authority: ORS
ORS496.138,
496,138,496,162,
506.119,and
and506.
506.129.
2. Need
Needfor
forRules:
Rules:The
Therules
rulesare
areneeded
neededtotoaccommodate
accommodatepersons
personswith
withdisabilities
disabilitieswho
whowant
want to
to
participate
participatein
in harvesting
harvestingshellfish
shellfish for
for personal
personal use.
use.
3.
Princiual Documents
DocumentsRelied
ReliedUDon:
Upon:
3. Princinal
Correspondence from
Correspondence
from persons
persons with
with disabilities
disabilities and their representatives.
representatives
The above documents
documents are
are available
available for public inspection in the Department
of Fish and
Department of
Wildlife, Fish
Fish Division,
Division, Third
ThirdFloor,
Floor, 2501
2501 SW
SW 1st Avenue,
Avenue,Portland,
Portland, Oregon,
Oregon, between
8:00
8:00 a.m. and 4:30 p.m.,
p.m., on
on normal
normal working days, Monday through Friday.
4.
AdHoc
HocAdvisory
AdvisoryCommittee
Committeeincluding
includingpersons
personswith
withdisabilities,
disabilities,
4. Advisov
Advisory Committee: Ad
agency representative
to this
this rulemaking
rulemaking action.
action
representative and enforcement officials met once prior to
5. Fiscal and Economic Impact:
5.
Seeattached.
attached
Imnact: See
Dated this 13th
day of
of March, 1995.
1995
Ufli day
Oregon Department
of Fish
Fish and
end Wildlife
Wildlife
Department of
redacted
a:
Signature
Signature
4
Director
Title
Title
Fiscal
April 26, 1995
1995Hearing
Hearing
Fiscal and Economic Impact Statement for the April
in the Matter of
of Rules
Rules Relating
Relating to
to Shellfish
Shellfish Harvesting
Harvesting for
for Disabled
Disabled Citizens
Citizens
Fiscal and
proposed rules
rules will
will affect state agencies, units of local
and economic
economic impact:
impact: The proposed
respectively, as
as discussed
discussedbelow.
below. The proposed rules
government and the public, respectively,
rules would
assist aa disabled
disabled person in
in the
the recreational
recreational harvest
harvest of
ofshellfish.
shellfish.
allow another individual to assist
Theonly
onlystate
stateagency
agencywhich
which should
should be
be affected
affected by adoption of
of these rules
rules is the
a. The
of Fish and
and Wildlife. No
No significant
significant changes
changes from
from the
the current
current levels
levels
Oregon Department of
of the department's operations or expenditures are
are expected
expected as
as aa result
result of
of the
the adoption
adoption of
of
these rules.
b. No
Nounits
units of
oflocal
local government
government are
are expected
expected to be affected
affected by these rules. No
No significant
significant
changes from the current levels of any local agencies'
agencies' operations
operations or expenditures are
expected as a result of the adoption of these rules.
c. The
Thepublic
public could
could be
be affected
affected by the adoption of these rules:
Since the
the most
most likely
likely effect
rules: Since
of the rules, if adopted, would be to
to increase
increase participation
participation in
in recreational
recreational shellfishing
shellfishing by
businesses are
disabled citizens, the fiscal and economic effects on individuals and businesses
expected to be positive and modest in magnitude. We
We are
areunable
unable to
to quanti
quantify the amount
or extent of
of the potential
potential increase
increase in
in participation.
The rules are believed to be filly
hlly compatible
compatible with legislative direction on the goals of
of fish
and wildlife management in Oregon.
Oregon.
Most businesses potentially affected
affected by these rules are
are believed
believed to
to be
be "small
"small business."
business."
Staff Report to
to the
the Oregon
Oregon Fish
Fish and
and Wildlife
Wildlife Commission
Disabled Clam Digger
Digger Permit
Disabled
I.
I.
Introduction
Background
The Department
Department has received several requests (attached)
(attached) to explicitly
explicitly allow a care
provider
angling
provider or special
special assistant to harvest clams
clams for people with disabilities. Current
Current angling
regulations
provide that
that "no person shall
shall.. . . (5) catch all or
or part
part of
regulations (OAR
(OAR635-1 1-120) provide
allfish
fish or
orshellfish
shellfishtaken
taken and
and isis
another person's catch
catch limit." This
Thisregulation
regulationapplies
appliesto
toall
not directed
state.
directed at
at care
care providers
providersof
ofthe
the disabled,
disabled, but
but applies
applies equally to all persons in the state.
Consistent with the Americans With Disabilities
DisabilitiesAct
Act(ADA),
(ADA),
itisisthe
theDepartment's
Department's intent
,. it
to modii,r
m o d i i rules to improve and enhance recreational opportunities for people with
modiication will
disabilities when
when the modification
will not kndamentally
ifindamentally alter
alter the
the program.
In years prior to passage
passage of
of the
the ADA,
ADA, the
the Department
Department has
has considered
consideredspecial
special exceptions
exceptions
or permits to
d i c u l t y each
each time over
over
to take
takeclams
clamsfor
forpeople
peoplewith
withdisabilities,
disabilities, but has
has had
had difficulty
must
how to determine
determine when a person is disabled, and whether the person with a disability must
in close
close proximity,
proximity, or
orwithin
withinaaline
line of
of sight.
sight.
be at the
the digging
digging site,
site, in
While this agenda item specifically
specifically addresses
addresses clam
clamharvest,
harvest,the
the issue
issue of
of accommodating
accommodating
in the
the Department's
Department'shunting
huntingand
andfishing
fishing
Elsewherein
disabilities is
is aa more
more general one. Elsewhere
to address
address various
various situations. In
Inthis
this
regulations "accommodations" have been established to
report we address
address only
only clams because the request received was specific and there was a
comparison of
of clamming regulations between Oregon and Washington,
Washington, where
where aa
direct comparison
program does exist. Analysis
Analysis of
of the
the larger
larger issue
issue of
of disability
disability accommodations
accommodations would
require both more exhaustive
exhaustive analysis
analysis and definitive legal
legal guidance
guidance on
on compliance
compliance with
with the
the
Act than
than the
the Department
Department can cany
carry out at this
this time.
time.
Americans with Disabilities Act
Washington State Regulations
Regulations
The Washington Department
(WDFW) has provisions for a shellfish
Widliie (WDFw)
shellfish
Department of
of Fish
Fish and
and Wildlife
&
the outer clothing of the harvester.
& seaweed license that must be displayed on the
Washington also has a rule
rule providing a free license for people who are
are physically
physically
wheelchair, veterans
veterans age 65 and older, veterans with 30%
handicapped and confined to a wheelchair,
or more service-related
service-related disability,
disability, and people who are
are blind or otherwise
otherwise disabled
disabled as
as
defined by state laws. Beginning
Beginning in
in 1980,
1980, Washington established that those not
not
qualifying
qualifying for
for a free permit may apply
apply for
for aa physical
physical disability
disabilitypermit.
permit. This permit allows
site and
and
another person to
to harvest
harvest razor
razor clams
clams ifif the disabled person is present at the site
properly licensed, within a line of sight or within 114
1/4 mile
mile ifif the
the line
line of
of sight
sight is
is obstructed.
obstructed.
Recent Events
Events and
and Public
Public Involvement
Involvement
open year-round
year-round with
with the
the exception of Clatsop County
Oregon's sport clamming season is open
beaches which are closed
closed to razor clamming
clamming from
fromJuly
July15
15totoAugust
August331.
1. Between
September, 1992
1992 and November 1,
1, 1994,
1994, however, razor
razor clamming
clamming was closed on north
north
Page
Page 11
of marine toxins. When
When the
the end
end of
of the
the extended
extended closure
closure
coast beaches due to the presence of
18, 1994,
1994, aa great
great deal
deal of
of interest
interest developed
developed and ODFW began
was announced on October 18,
to receive
inquiries about razor clamming
regulations. One such request
receive aa large number of inquiries
clamming regulations.
compared Oregon and Washington regulations with
with regard
regard to
to accommodation of
disabilities and
and found
found that
that Washington
Washington provided
provided accommodation
accommodation and
and Oregon did not.
We have corresponded with representatives of
of Washington County Disabled Advocates
follow-up
and Independent Living
Living Services
Services in
inconsidering
consideringtheir
theirrequest
request(attached).
(attached). AAfollow-up
public meeting
19, 1995,
1995, With
with representatives
meeting was held
held in
in Beaverton
Beaverton on January 19,
representatives of the
disabled in Oregon and
and stafFfrom
staff from ODFW
ODFW and Oregon State Police (OSP).
IL
II.
Analysis of Issues
Issue 1:
1: Disabled
Disabled Clam
Clam Digger
Dieeer Permit.
No
currently required
required of recreational
recreational clam
clam diggers.
diggers. Harvest is
N o permit
permit or
or license
license is currently
controlled by bag limit
limit and
and current
current rules
rules do
do not
not allow a person to dig clams for another.
The Commission may
may take
take action to
to make reasonable accommodation for disabled persons
persons
improved recreational
recreational opportunities.
opportunities. However, such
to provide them with access and improved
such
of existing
existing statutory obligations
obligations to protect
protect and
and
accommodation cannot be at the expense of
preserve fish and wildlife resources.
initially provided
provided for
for assisted
assisted clamming
clammingopportunities
opportunitiesto
to certain
certain
The State
State of
of Washington initially
beaches to make rules easier
easier to
to enforce.
enforce. Permittees
Permittees were required to be present at the
location where clams were
were being
being dug.
dug. Subsequent
broadened the
Subsequent legislative
legislative action broadened
the
opportunity to all
all open beaches for assisted
assisted clamming
clamming and WDFW removed the
Clamrners were required to
to be
be within
within aa
for the
the disabled
disabled person to
t o be
be present.
present. Clamnmers
requirement for
line of sight or within 1/4
the view
view was obstructed.
114 mile ifif the
Oregon clam creel data
data indicate
indicate that
that intertidal
intertidal clam
clam resources
resources are
are in
in good
good health
health (Johns015
(Johnson,
ODFW believes
believes provisions to
1993 and Lmk,
Link, 1994). Further, ODFW
to allow another harvester to
person will
will not
not affect
affect resource
resource health
health and
and will
will not
not add
add undue
undue
take clams for a disabled
disabled person
the number
number of
ofpermits
permits issued
issuedisissmall.
small.
administrative or enforcement burden ifif the
At the public meeting on January 19, 1995, which included
included people
people with
with expertise
and advocates
advocates for
for the disabled, the
regarding recreational opportunities under the ADA and
clear message from disabled advocates was that it is not sufficient to
to allow an assistant to
dig clams but that access to the beach also needs to
to be provided.
provided. Guidelines
Guidelines for
for
recreational opportunities have been
been developed
developed by
by the
theUS
USForest
Forest Service
Service in
in cooperation
cooperation
with other
other federal
federal agencies and disability
disability groups.
The guidelines
guidelines will
defining
groups. The
will aid in defining
recreational experiences and
and developing
developing access
access for
forthe
the disabled.
disabled. Under these standards,
of clamming
clamming with an assistant should not necessarily be offered unless
the experience of
access is ensured. ItItwas
wasthe
theconsensus
consensus of
ofthose
thoserepresenting
representing people
people with
with disabilities
disabilities at
the public meeting that, in addition to providing a permit to allow another person
person to
to
harvest clams for a disabled person, ODFW should work with other state
state and
and federal
federal
to develop access sites
sites to
to clamming
clammingbeaches.
beaches. The group recommended locating
agencies to
gradients as potential
potential candidates
candidates for
for site
site development.
development. Further,
a few good sites with low gradients
Further,
their advocacy
advocacy groups
it was recommended ODFW work with persons with disabilities, their
permits to
to define the
the clamming
clammingexperience,
experience, evaluate
evaluate the
the permit
and individuals receiving permits
process, and to
process,
Page 22
explore access issues on an experimental
experimental basis.
basis Doing
Doingso
sowill
will allow
allow flexibility
flexibility in
program. Finally,
developing a new program
Finally, the
the group
group recommended
recommended issuing the permits
permits such
such that
that
they were renewable
renewable every
every four
four years
years along
along with
with renewal
renewal of drivers
drivers licenses,
licenses, however,
however,
ODFW is not linked with the Department of Motor Vehicles
Vehicles computer system.
system
Under the proposed
qualified person
person with
with aa disability
disability could obtain
obtain aa free
free
proposed rule
rulechange,
change,aaqualified
to allow another person to assist in harvesting clams.
clams. Permit applications
permit to
applications would be
based on
on established
establishedcriteria.
criteria. Permits would be
detennine eligibility
eligibility based
be issued for
reviewed to determine
the current
current calendar
calendaryear.
year.
permit holders would be required to carry
cany their permits and their
Disabled clam digger permit
they were
were also
also harvesting
harvestingtheir
their
assistants would be required to
to have
have aa second
second container
container ifif they
assistants
own bag limits of clams. Disabled
Disabled diggers
diggerswould
would be
be able
able to
to participate
participate in
in clamming
clamming by
by
identiing
the bucket,
bucket, etc.
etc. Enforcement of
identlfylngholes
holestotodig,
dig,pulling
pullingclams
clams out,
out, putting
putting them in the
the proposed
proposed rule
rule could
could be
be accomplished
accomplished with
with these
these provisions.
DisabledClam
ClamDigger
DiggerPermit
PermitEligibility
EligibilitvRequirements.
Reauirements.
Issue 2: Disabled
proposed rule
rulechange,
change, the
thedisabled
disabled person
person would
would apply
apply for
foraaspecial
specialpermit
permit and
and
Under the proposed
demonstrate
fiee permanent
demonstrate proof
proof of
ofdisability.
disability. Under current
current rules, ODFW provides free
angling licenses to:
1.
1.
Veterans who have resided in Oregon for the past year and provide written
Administration or
or
certification of at least 25% disability fiom
from the
the Veterans'
Veterans' Administration
of the Armed Forces,
a branch of
2.
Persons with disabilities who
who have resided
resided in
in Oregon
Oregon for the past year and
provide written
written certification
certification from
from aa licensed
licensed physician that they
they are
are unable
unable
to be mobile without a wheelchair, and
3.
3.
Persons who
who provide
provide written
written certification
certification that
that they
they are
arelegally
legally blind.
blind.
Persons
of Washington anticipated 200 to 300.permit
300 permit applications
applicationsfor
for its
its
Initially, the
the State of
Theactual
actualnumber
numberof
oflifetime
lifetime permits
permits issued lies somewhere between 6,000 and
program. The
10,000; it is diicult
diflicult to determine the exact number of active permits because many of the
permittees
have
moved
The Washington
Washington Department
Department of
of Fish and Wildlife
perrnittees
moved or died. The
number of
of abuses
abuses related to
to fa1sifiing
falsifying evidence
evidence of
of the
the
(WDFW)
(WO
FW)found
found that
that there were a number
WDFW recomnends
recommendslinlcing
linking evidence
evidence of a disability to licensing or
disability. The
The WDFW
disability.
individuals have a
Department of Social and
and Health
HealthSenices
Servicesprocedures
procedurestotocertify
certi' individuals
permanent disability
disability that
that prevents them from having
having access
access to
to clamming
clamming opportunities.
opportunities.
license is
This issue does not involve
involve a harvest
harvest license
license and residency requirement
requirement as no license
currently required.
Certifiable
evidence
of
physical
impairment
that
prevents
digging
required. Certifiable evidence of physical
that
digging
clams needs
Unless and
and until
until we
needs to
to be considered to
to make a reasonable accommodation.
accommodation. Unless
have a shellfish
disabled clam
clam digger
digger permit
shellfishlicense,
license, staff proposes the following disabled
application qualifications:
qualifications:
Page 33
Page
1.
1.
Veterans
Veterans who provide
provide written
written certification
certification of
of at
at least
least 25% disability
disability from
the Veterans' Administration
Administration or a branch of the Armed Forces,
2.
2.
Persons
Persons with
with disabilities
disabilities who provide
provide written
writtencertification
certificationfrom
fromaa licensed
licensed
physician
that they are not mobile without
without a wheelchair or who hold a
physician that
wheelchair angling
wheelchair
angling license,
33..
Persons
Persons who
who provide
provide written
written certification
certification that
that they
they are
are legally
legally blind or who
hold a blind angler license, or
4.
4.
Persons
Persons who
who provide
provide written
written certification
certification from
from aa licensed
licensed physician that
impairment that
that would
would prevent
prevent them
them from
they have some other physical impairment
digging clams or individuals who
who provide
provide evidence of certification of a
disability from
from another
another state.
state.
Staff recommends the permit be issued on an annual basis as future
ifiture legislative action may
Staffrecommends
license. Residency requirements may be needed for a free license ifif
provide for a shellfish license.
a shellfish license
license isis enacted
enacted to
to keep rules consistent with existing provisions for free
the disabled.
disabled.
angling licenses for the
Options and Recommendations
(Prefen-ed: Modi'
existing
Option 11 Preferred):
Modify
existingrules
rulestotoallow,
allow,by
bypermit,
permit, another
another person to
Option
harvest clams for a disabled person
person (Issue 1).
Rules
will
include
criteria
1). Rules will include criteria for
for determining
determining
eligibility of
of disabled
disabled persons
persons (Issue 2).
eligibility
It is recommended that permit applications be reviewed and issued according to the
criteria listed above and be valid for the calendar
calendar year in which application was made.
Staff
will work
work with the Oregon
Staffwill
Oregon Disabilities Commission and advocacy groups such
such as
as
Washington County Disabled
Disabled Advocates,
Advocates, Independent
Independent Living
LivingServices
Servicesand
andothers
others to
develop a survey questionnaire to aid in evaluating the
the permit
permit program,
program, developing
and to
to seek ways of developing access. Beach
willbe
experience criteria and
Beach access
access issues
issues will
explored with other state
state and federal agencies to develop access
access points on
on candidate
candidate
beaches.
beaches.
Oytion 2:
2: Status quo
quo -- make
make no provisions
provisions for clam
clam harvest by an assistant for a disabled
Option
person.
person.
References
1994. 1993
1993Bay
Bay clam
clam data series report. ODFW
ODFW Marine Region Data
Johnson,
Johnson, J.J. A,,
A., 1994.
Data
17pp.
Report, F7pp.
1994.Razor
Razorclam
clamfishery
fishery review. In:
In: Marine
MarineResource
ResourceProgram
Programreview.
review
Link, T., 1994.
ODFW Marine Region Information Report,
139-146.
Report, pages 139-146.
Page 4
Corvespondence
Correspondence
TONY FEDERICI
TONY
FEDERlCl
STATE REPRESENTATIV'i
REPRESENTATIVE
ci\rScw
C Dl
Cl.:\.TSOl' \NI)
.\XI)
l ~ l tRIIH
~ l . ~ 1 \~C
l 1l '0!
3f l1lNIH
~. \N ~ S
l'll~S
..
IIISTRICT I
HOUSE OF
HOUSE
OF REPRESENTATIVES
REPRESENTATIVES
October 28,
28, 1994
1994
Fish and
and Wildlife
Wildlife Commission
Oregon Fish
P.O. Box
Box 59
59
97207
Portland OR 97207
Dear Commissioner:
Commiss ioner :
I
t has recently
recently coma
come to my attention that,
that, while Washington
It
allows disabled
disabled citizens
citizens to
to have a "designated
"designated digger"
digger" when
when
digging razbr
razor clams,
clams, Oregon
Oregon does not allow
allow these citizens
citizens their
their
own clam limit, separate from the limit of whoever is
is helping
them dig.
dig.
them
I
had
had never
never thought of the
the difficulties
difficulties that Oregonians who love
I
to
when struck with a disability, and
and II
t
o dig clams might face
face when
imagine the Department of
of Fish and
and Wildlife might be hearing of
issue for
for the
the first
first time
time as
as well.
well. Upon reflection,
it seems
seems
this issue
reflection, it
that we
w e ought
ought to
to allow
allow disabled
disabled citizens
citizens their
their own
o w n clam
c l a m limit,
limit,
seems the
and allow
allow someone
someone to
to help
help them
them dig
dig those
those clams.
clams. It seems
the
a m sure,
sure, little
little
.east we
o for disabled Oregonians,
Oregonians, with,
with, I am
.east
we can
can d
do
iif
f any impact
impact on
on our
our clam
clam beds.
beds.
II urge you t
o consider
consider adopting
t your next
to
adopting such a proposal
proposal a
at
commission meeting.
commission
meeting.
Sincerely,
Sincerely,
redacted
Tony
T
o n y Eede
$ e d e M cci
i
State Representative,
Representative, District
District 11
Ollice:
Otlice: SlaleCapilol.
Slate Capitol.rialem,
Jalern,OR
OR97310-Phone:
97310Phone: (503) 378-8026
3798026
Home:
Drive. St.
SI.Helens.
Helens.OR
OR97051-(503)
9705 l(503) 397-2098
Sunrlse Drive.
397-2098
Home: 59945
59945Sunrise
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c_J_w
\
RECEIVED
NOV -31994
O.D.F.W.
MRL
Dcrf
1 0 , 1994
1994
November 10,
Kay Brown
Fish
Oregon Dept.
Dept. of
of F
i s h and
and Wildlife
Wildlife
P.O.
P . O . Box
Box 59
59
Portland,
P o r t l a n d , Oregon
Oregon 97207
97207
Re:
Re: Violation
V i o l a t i o n of
o f Title
T i t l e II
I1 by
by Oregon
Oregon Dept.
Dept. of
o f Fish
F i s h and
and Wildlife
Wildlife
Dear Kay:
Per
from your
your
P
e r my
my earlier
e a r l i e r phone
phone conversations
c o n v e r s a t i o n s with
w i t h Mr.
M r . Bohri
Bohn from
M r . Coenen, from Newport
Newport office,
o f f i c e , they
t h e y requested
r e q u e s t e d II
o
f f i c e and
and Mr.
office
aaddress
d d r e s s tthis
h i s request
r e q u e s t and letter
l e t t e r to
t o you about
a b o u t an
a n oversight
o v e r s i g h t by the
the
S
t a t e of
o f Oregon Department of
o f Fish
F i s h and
and Wildlife.
Wildlife.
State
It
has
I
t h
a s recently
r e c e n t l y come to
t o the
t h e disabled
d i s a b l e d communities'
communitiesr attention
attention
i s a conflict
c o n f l i c t and
and violation
v i o l a t i o n of
of Title
T i t l e II,
11, in
i n tthe
h e ccurrent
urrent
t h a t there
t h e r e is
that
rrules
u l e s and
and regulations
r e g u l a t i o n s for
f o r shellfish
s h e l l f i s h harvesting
h a r v e s t i n g for
f o r those
t h o s e with
with
Currently,
d
isabilities. C
u r r e n t l y , there
t h e r e are
a r e no sspecial
p e c i a l pprovisions
r o v i s i o n s for
f o r tthose
hose
disabilities.
w i t h disabilties
d i s a b i l t i e s tto
o have
have either
e i t h e r aa "care
" c a r e provider"
p r o v i d e r " or
o r "special
"special
with
aassistant"
s s i s t a n t " tto
o help
h e l p them harvest
h a r v e s t if
i f they
t h e y are
a r e physically
p h y s i c a l l y unable
u n a b l e to
to
The State
p e r f o r m the
t h e part
p a r t of
o f the
t h e shellfish
s h e l l f i s h harvesting
h a r v e s t i n g task.
task.
S t a t e of
of
perform
has
with
Washington h
a s ppassed
a s s e d several
s e v e r a l rregulations
e g u l a t i o n s tthat
h a t pprovide
r o v i d e tthose
hose w
ith
d
i s a b i l i t i e s the
t h e opportunity
o p p o r t u n i t y to
t o harvest.
harvest.
disabilities
M
y sister,
sister, A
n i t a Cook,
s aa FFisheries
i s h e r i e s BBiologist/Manager
iologist/Manager
My
Anita
Cook, works
works aas
with
Point
Whitney S
Shellfish
State
Washington FFisheries
w
ith P
o i n t Whitney
h e l l f i s h Station,
Station, S
t a t e oof
f Washington
isheries
Department-phone
206-796-4601 and
and helped
h e l p e d suggest
s u g g e s t the
t h e rules
rules
Department-phone number 206-796-4601
tthat
h a t are
a r e now in
i n place
p l a c e for
f o r the
t h e Puget
P u g e t Sound
Sound region
r e g i o n of
o f the
t h e State
S t a t e of
of
best
help
Washington. She suggests
s u g g e s t s tthat
h a t tthe
he b
est h
e l p would come
come from
from Evan
Evan
of Washington,
State
J a c o b i , iinternal
n t e r n a l llegal
e g a l aadvisor
d v i s o r for
f o r tthe
he S
t a t e of
Washington,
Jacobi,
Department
of Fisheries,
F i s h e r i e s , direct
d i r e c t line
l i n e number
number is
i s 206-902-2930.
206-902-2930.
I
Department of
have
of
Evan and
and sshould
h
a v e currently
c u r r e n t l y ordered
ordered a
a draft
draft o
f tthe
h e rrules
u l e s from Evan
hould
o u l d eeither
i t h e r order
o r d e r a copy from Evan
r e c e i v e them
them by
by next
n e x t week.
week. You ccould
receive
or
o r I1 would be more than
t h a n happy
happy to
t o send
s e n d aa copy
copy to
t o you.
you.
Some of
of the
t h e problems
problems they
t h e y faced
f a c e d and
and resolved
r e s o l v e d were:
were:
Wheelchair users
Wheelchair
u s e r s or
o r people
p e o p l e with
w i t h balance
b a l a n c e or
o r walking
w a l k i n g problems
problems
Part
a r t of
of
ccannot
a n n o t physically
p h y s i c a l l y access
a c c e s s aa steep
s t e e p embankment
embankment or
o r rocky
rocky area.
area. P
their
t h e i r rules
r u l e s includes
i n c l u d e s aa "line
" l i n e of
o f sight"
s i g h t " phrase
p h r a s e which
which enables
e n a b l e s the
the
disabled
within
d
i s a b l e d person
p e r s o n to
t o be
be w
i t h i n "line
" l i n e of
of ssight"
i g h t " bbut
u t nnot
o t nnecessarily
e c e s s a r i l y on
part
a r t of
o f ttheir
h e i r rresolution
e s o l u t i o n was
tthe
h e physical
p h y s i c a l beach
b e a c h property.
p r o p e r t y . Another p
one
n e for
for
t o include
i n c l u d e aa phrase
p h r a s e that
t h a t would
would require
r e q u i r e "two
"two containers"
containers" - o
to
t h e care
c a r e provider
p r o v i d e r and one for
f o r the
t h e disabled
d i s a b l e d individual
i n d i v i d u a l sso
o tthat
h a t tthe
he
the
llimits
i m i t s would be
b e fair
f a i r and
and equitable.
equitable.
I t also
a l s o included
i n c l u d e d terminology
t e r m i n o l o g y tthat
h a t would
would allow
a l l o w the
t h e ""care
care
It
i f the
the
p r o v i d e r " or
o r "assistant"
" a s s i s t a n t " tto
o help
h e l p with
w i t h shucking
s h u c k i n g oysters
o y s t e r s if
provider"
d
i s a b l e d person
p e r s o n were
were unable
u n a b l e to
t o do
do so
s o because
b e c a u s e of
o f their
t h e i r limitations.
limitations.
disabled
Page Two
Also,
A
l s o , many disabled
d i s a b l e d individuals
i n d i v i d u a l s cannot
c a n n o t pphysically
h y s i c a l l y "dig"
" d i g " ttheir
heir
w r i s t , arm
arm or
o r shoulder
shoulder
own razor
r a z o r clams.
c l a m s . They have limited
l i m i t e d hand,
hand, wrist,
movement and
and need assistance
a s s i s t a n c e from
from another
a n o t h e r person
p e r s o n to
t o do
do that
t h a t part
p a r t of
of
It would
would also
be
It
also b
e helpful
h e l p f u l if
i f tthere
h e r e was aa phrase
p h r a s e that
that
tthe
h e task.
task.
aagain
g a i n aallows
l l o w s another
a n o t h e r person,
p e r s o n , either
e i t h e r aa "care
" c a r e provider"
p r o v i d e r " or
o r "special
"special
aassistant"
s s i s t a n t " tto
o h
e
l
p
them
d
i
g
,
s
o
l
o
n
g
a
s
t
h
e
d
i
s
a
b
l
e
d
i
n
d
i
v
i d u a l is
is
help
dig, so long as the disabled individual
w i t h i n the
t h e "line
" l i n e of
of sight.."
sight."
within
I would also
a l s o suggest
s u g g e s t an
an addition
a d d i t i o n to
t o the
t h e regulations
r e g u l a t i o n s include
include
t h a t the
t h e "elderly"
" e l d e r l y " could
c o u l d be
b e assisted
a s s i s t e d by
by another
a n o t h e r person.
p e r s o n . Many
Many of
of
that
them do not
n o t qualify
q u a l i f y as
a s "disabled"
" d i s a b l e d " but
b u t do
do need
n e e d assistance
a s s i s t a n c e from
from
them
h y s i c a l l y able
a b l e to
t o perform
p e r f o r m aa digging
d i g g i n g task.
task.
someone more p
physically
ADA Coordinator
C o o r d i n a t o r for
f o r Independent
Independent
According tto
According
o Chuck
Chuck Davis,
Davis, ADA
currently
you are
number 230-1225,
230-1225,
c u r r e n t l y you
a r e in
in
L i v i n g Services,
S e r v i c e s , phone
Living
phone number
State
and Local
v i o l a t i o n of
o f Title
T i t l e II,
11, S
t a t e and
Local Programs
Programs because
b e c a u s e your
your
violation
sservices
e r v i c e s and programs
programs are
are n
o t aaccessible
c c e s s i b l e to
t o those
t h o s e that
t h a t aare
re
not
d
isabled.
I
s u r e that
t h a t Chuck
Chuck Davis,
Davis, Eugene
Eugene Organ
Organ and
and myself
myself
disabled.
I am sure
would b
be
with
draft
e more than
t h a n happy to
t o assist
assist w
i t h tthe
he d
r a f t of
o f the
t h e proposed
new regulations.
regulations.
The
r e a s o n I got
g o t involved
i n v o l v e d with
w i t h this
t h i s problem is
i s because
b e c a u s e my
my
The reason
s
i s t e r , JJo
o OfHara,
i s pphysically
h y s i c a l l y limited
l i m i t e d and could
c o u l d not
n o t dig
dig h
e r own
sister,
O'Hara, is
her
Police
Fisheries
When she
s h e called
c a l l e d the
t h e State
State P
o l i c e and F
i s h e r i e s office,
o f f i c e , they
they
cclams.
l a m s . When
t o l d her
h e r there
t h e r e was nothing
n o t h i n g currently
c u r r e n t l y in
i n tthe
h e regulations
r e g u l a t i o n s to
t o allow
allow
told
ffor
o r a care
c a r e provider
p r o v i d e r or
o r special
s p e c i a l assistant
a s s i s t a n t to
t o help
h e l p her
h e r dig
d i g clams.
clams.
H e r care
c a r e provider
p r o v i d e r would have been cited
c i t e d and fined
f i n e d for
f o r helping
helping h
er
Her
her
This
i s appalling.
appalling.
T
h i s was very
very
t h e current
c u r r e n t regulations,
r e g u l a t i o n s , which
which is
under the
distressing
my
sister
became d
disabled
and
i s t e r bbecause
e c a u s e sshe
h e rrecently
e c e n t l y became
i s a b l e d and
d
i s t r e s s i n g tto
o m
y s
previously
had eenjoyed
p
r e v i o u s l y had
n j o y e d tthis
h i s aactivity
c t i v i t y ffor
o r yyears
e a r s aas
s a
a long
l o n g time
time
rresident
e s i d e n t of
of Oregon.
Oregon.
P l e a s e contact
c o n t a c t me
m e about
a b o u t any changes or
or d
raft p
r o p o s a l s or
o r how
Please
draft
proposals
I may
may aassist
I
s s i s t your department.
d e p a r t m e n t . Thank
Thank you for
f o r your
y o u r ccooperation.
ooperation.
need
Please
P l e a s e note
n o t e that
t h a t II am
am hearing
h e a r i n g impaired.
i m p a i r e d . IIf
f you n
e e d to
t o contact
c o n t a c t me
phone, let
l e t the
t h e phone ring
r i n g at
a t least
l e a s t 20
20 times.
times.
by phone,
B e s T Regards,
Bes
redacted
I
5. Gidget Faubion FlemirYg
w
a s h i n g t o n County Disabled
~ i s a b l e dAdvocate
~dvocate
Washington
18925 S.W. Kinnaman
Kinnaman Road
Aloha,
97007
Aloha, Oregon 97007
503-642-3742
503-642-3742
ccc:
c : Chuck Davis,
Davis, ADA
ADA Coordinator
Coordinator
Independent
Independent Living
L i v i n g Services
Services
4001 NE
400].
NE Halsey
Halsey
97232-1849
P o r t l a n d , Oregon 97232-1849
Portland,
-Oregon Disabilities
D i s a b i l i t i e s Commission
Eugene Organ -Oregon
INDEPENDENT
INDEPENDENT LIVING RESOURCES, INC.
(formerly Vision
Vision Resources for
for Independent
Independent Living
Living and
andAccess
Access Oregon)
Oregon)
4001 NE Malsey
Halsey Street
97232
Portland, OR 97232
(503)284-3339
284-3339
Phone: (503)
Kay Brown
Oregon Dept. Fish and
and Wildlife
P.O.
59
P.O. Box 59
Portland, Oregon 97207
97207
December 1,
1, 1994
1994
December
Dear Kay:
Kay:
It
It has recently
recently come to the
the attention
attention of our
our agency
agency that
that Oregon
Oregon
Department of
of Fish
Fish and Wildlife
Department
Wildlife may be out
out of
of compliance
compliance under
under
Americans with
Title II
I 1 of the Americans
with Disabilities
Disabilities Act
Act in
in regard
regard to
to their
their
Shellfish harvest
harvest program.
program.
I understand it, current regulations prohibit 'care
"care providers'
providers"
As
As I
from
disabilities
"special
assistants"
of
assistants"
of people
people with disabilities
from
and "special
disability under
under penalty
penalty
harvesting shellfish for
for aa person with aa disability
of being cited and fined as, the
the permit holder
holder must
must be
be physically
physically
on the beach to harvest the
the shellfish
shellfish themselves.
themselves.
As you are
are aware,
aware, Title
Title II
I 1 Section
Section 35,130
3 5 . 1 3 0 (a)
(a) of
of the
the ADA
ADA states:
states:
"No qualified individual with a disability shall,
shall, on
on the
the basis
basis of
of
be excluded
disability,
disability. be
excluded from participation
participation in
in or
or be
be denied
denied the
the
the services, programs,
benefits
of the
programs, or activities of
of a public
public
benefits of
entity..."
entity
..."
35.130
3 5 . 1 3 0 (7)
( 7 ) further
further states:
states: "A
"A public
public entity
entity shall
shall make
make reasonable
reasonable
practices, or procedures
procedures when
the
modifications in
in policies,
policies. practices,
when the
modifications
modifications are
discrimination on
modifications
are necessary
necessary to
to avoid discrimination
on the
the basis of
unless the public entity
disability, unless
entity can
can demonstrate
demonstrate that
that making
making
the modifications
the
modifications would
would fundamentally
fundamentally alter
alter the
the nature
nature of
of the
the
service, program or
or activity."
activity."
service,
It
I t seems
seems that
that in not allowing
allowing the
the attendant
attendant of a person
person with aa
to harvest
for the
the opportunity to
harvest for
the person
person with
with aa
disability the
disability
who is unable
disability who
unable to
to traverse
traverse the
the beach
beach themselves,
themselves. your
your
the benefits
the
açency
denies people with
agency denies
with disabilities
disabilities the
benefits of
of the
shellfish harvest
harvest program.
program.
Page
Page 22
Furthermore, it
i t would
would probably
probably not
not fundamentally
fundamentally alter
alter the
the nature
nature
Furthermore,
of
of the
the program
program to
to allow
allow people
people with
with disabilities
disabilities who
who want
want to
to
participate far
far as
as they
they are
are able
able to
to be
be in
in the
the "line
"line of
of site"
site" of
of the
the
participate
person
person harvesting
harvesting for
for them,
them, or
or allowing
allowing one
one container
container for
for the
the
disability and
and one
one for
for their
their attendant
attendant to
to maintain
maintain
person with aa disability
person
fair and
and equitable
equitable limits
limits as
as in
in the
the State
State of
of Washington
Washington rules.
rules.
fair
Thank you
you for
for your
your time
time and
and consideration
consideration in
in this
this matter.
matter.
Thank
Sincerely,
Sincerely,
/
redacted
. Charles
Charles E.
E. Davis
Davis
ADA
ADA Programs
Programs Coordinator
Coordinator
redacted
)-Il1-/
/ -1
C.M. Nielsen
Nielsen
1963 S.W. Myers
Place
Myers Place
Gresham, Oregon
Oregon
97080
97080
2
1995
January 5, 1995
Rudy Rosen
Rosen
Director
Oregon Department
Department of Fish
Fish and
and Wildlife
Wildlife
Oregon
2501
2501 S.W. First
First Street
Street
Portland,Oregon
Oregon 97201
97201
Portland,
Dear
Dear Mr.
Mr. Rosen:
Rosen:
this State who
Oregon fish and game laws currently discriminate
discriminate against citizens of this
who
do not have the ability to
to "walk
"walkupon
uponthe
thebeach"
beach"stalking
stalkingthe
thewild
wildclams.
dams. Whereas
Whereas
Washington
diggers to do
for
Washington State
State has
hasregulations
regulationsThat
that allow designated diggers
do the manual
manual labor
labor for
person's whose Doctor's
Doctor'sdiagnosis
diagnosisisis"clam
"clamgun
gun impaired".
impaired".
person's
I recommend that
that the
the Oregon
Oregon Department of
of Fish and Wildlife
Wildlife become more in
with the
compliance witl-i
compliance
theADA
ADA (Americans
(Americans with
with Disabilities
DisabiHUesAct).
Act). Using
Using Washington
Washington State's
State's
regulations as
as aa guideline,
guideline, allowing those with disabilities
regulations
disabilities to be within "line
"line of
of sight"
sighr' of their
personal
personal "designated
"designated digger"digger1'
so thatsothey
the savory
taste
of ofOregon
thatmay
they enjoy
may enjoy
the savory
taste
Oregonclams
clams and
and
sheltfish from the site of their choice.
sheiftish
choice.
Sincerely
yours,
Sincerely yours,
redacted
redacted
RECEIVED
JAN 91995
i995
O.O.D.F.WIL
D.F.W. MAIL
DEPT.
MAIL DEPT.
redacted
C.M. Nielsen
re
da
ct
ed
O rregon
egon
C,
02%dministrntivc
administrative
uIcs
OREGON
OREGON ADMINISTRATIVE
ADMINISTRATIVE RULES
RULES
V
I
OREGONDEPARTMENT
DEPARTMENTOF
OF FISH
FISHAND
ANDWILDLIFE
WILDLIFE
OREGON
$WIdIif.l
Note: [[ ]] means proposed
proposed to
to be
be deleted
deleted
Note:
-
Bold means
means proposed
proposed to
to be
be added.
added.
Bold
General Restrictions
Restrictions
General
635-11-120 No
Noperson
personshall:
shall
635-11-120
(1)
(1) Use
Usemore
morethan
thanone
onerod
rodororone
oneline
linewhen
whenangling
anglingfor
forany
anyfish,
fish, or
ornot
notclosely
closelyattend
attend the
the
rod or
orline.
line
rod
(2)
(2) Use
Usegurdies,
gurdies,winches,
winches,ororreels
reelsaffixed
affixedto
toaaboat
boattotoland
landfish
fish(rod
(rodororline
linemust
mustbe
beheld
held in
in
hand)
hand).
(3)
(3) Sell
Sellororpurchase
purchaseany
anyfish
fishor
orshellfish
shellfish or
or parts
parts thereof
thereof taken
taken for
for personal
personal use
use except
except
that the
theskeletal
skeletalremains
remains of
of ocean
ocean food
foodfish
fish may
may be
be sold;
sold, and
and the
the sale
sale of
of eggs
eggsfrom
from ocean-caught
ocean-caught
that
salmon is permitted only
only to
to aa licensed
licensed wholesale
wholesale fish
fish or
or bait
bait dealer.
dealer
salmon
(4)
(4) Angle
Angleatatany
anytime
time between
between one
one hour
hour after
after sunset
sunset and
and one
one hour
hour before
before sunrise
sunrise for
salmon,
whitefish, grayling,
grayling, shad,
shad, or
or sturgeon
sturgeon. All
salmon, steelhead, trout, Atlantic
Atlantic salmon, whitefish,
All other
other species
species
taken at
at any
any time
time day
day or
ornight.
night
may be taken
(5)
except to assist disabled
(5) Catch
Catchall
allor
orpart
part of
ofanother
another person's
person's catch limit,
limit, exceDt
disabled clammers
clammers
{OAR 635-39-090)
635-39-090) who
disabled clam
clam digEer
diwer permit,
~ e r m i taa, disabled
disabled
(OAR
who have
have either a valid disabled
Dersonangling
anglinglicense,
license. or
oraablind
blindangler
anglerlicense,
license, all
all of
of
veteran'sangling
anglinglicense,
license, aadisabled
disabledperson
veteran's
which are
areissued
issued by
by Oregon
Oregon Department
DeoartmentofofFish
Fishand
andWildlife.
Wildlife
which
(6)
(6) Trespass
Trespasson
onaafishway,
fishway, weir,
weir, or
or fish
fish trap;
trap, or
or angle
angle within 200 feet of a weir or the
entrance or
or exit
exit of
ofaafishway
fishway or
or fish
fish trap either
either public
public or
or private.
private
entrance
Div. 11-1
11-1
Div.
OREGONJ
OREGON ADMINISTRATIVE
ADMINISTRATIVE RULES
RULES
OREGON
OREGON DEPARTMENT
DEPARTMENT OF
OFFISH
FISH AND
AND WILDLIFE
WILDLIFE
OREGON
(Fisk & W11d11f4
t o be deleted
Note: [[ I] means proposed to
Bold means proposed
proposed to
t o be
be added.
added.
Bold
(7) Take
Takeororattempt
attempttototake
takefish
fishfrom
ffomstate
stateororfederal
federalhatchery
hatcheryfacilities.
facilities
(7)
(8) Remove,
Remove,alter,
alter,or
orpossess
possessODFW
ODFWsigns.
signs
(8)
(9) Cut
Cutororangle
anglethrough
throughaaman-made
man-madeice
icehole
holelarger
larger than
than 12
12 inches
inches diameter
diameter orlength.
or length
(9)
live fish or live eggs from one body
another, or
or import
import live
live fish
(10) Transport live
body of water
water to another,
eggs into
into the
the state,
state, without
without aapermit
permit from
from ODFW.
ODFW
or eggs
(1 1) Waste
Wastefish,
fish, shellfish,
shellfish, or
or marine
marine invertebrates.
invertebrates
(11)
Angle on
on private
private land
land without
without permission.
permission
(12) Angle
to inspect
inspect
(13) Deny ODFW employes, peace officer, or landowner the opportunity to
catch
license and catch.
(14) Take
Take or
or attempt
attemptto
totake
takeany
anyfish
fishby
bymeans
meansof
ofchumming,
chumming,or
orknowingly
knowinglyangle
anglewith
wlth the
the
of chum.
chum
aid of
(15) Continue
Continue to
to angle
angle for the
the same
same species
species after taking and retaining a
ef. 5-1-95.
5-1-95. Stat. Auth.: ORS
or possession
possessionlimit.
limit. Adopted 4-26-95,
4-26-95, ef.
ORS496.138,
496.138,
daily, weekly, or
& 506.129.
506.129.
506.119 &
496.146, 496.162, 506.119
Div. 11-2
11-2
IOREGONI
ml
OREGON ADMINISTRATIVE
ADMINISTRATIVE RULES
OREGON
RULES
OREGON DEPARTMENT
DEPARTMENTOF
OF FISH
FISH AND
AND WILDLIFE
WILDLIFE
OREGON
kh&Wii4Iif.1
proposed to be deleted
Note: [[ ]
] means proposed
deleted
Note:
Bold means
-
to be
be added.
added.
proposed to
and Modifications
Inclusions and
635-39-090 (1)
(1)The
The"1995
"1995Oregon
OregonSport
SportFishing
FishingRegulations"
Regulations" provide
provide requirements for
sport
and marine
marine invertebrates
invertebrates in
in the
the Pacific
Pacific Ocean, coastal
sport fisheries
fisheries for marine fish,
fish, shellfish,
shellfish, and
However,additional
additionalregulations
regulations
bays, and beaches, commonly referred
referred to
to as the
the Marine
Marine Zone.
Zone. However,
may be promulgated subsequently, and these supersede, to the
the extent
extent of
of any
any inconsistency,
inconsistency, the
the
"1995 Oregon Sport
Sport Fishing Regulations."
This rule contains requirements which
Regulations." This
which modify
modif' the
"1995 Oregon
Oregon Sport
SportFishing
Fishing Regulations" pertaining to the Marine Zone.
EffectiveJanuary
January1,1,1995,
1995,the
theminimum
minimumlength
lengthfor
forlingcod
lingcodisis22
22inches
inches overall
overall length.
length.
(2) Effective
(3) The
Thefollowing
followingmarine
marine research
research reserves
reserves are
are closed
closed to
to the
the taking
taking of
ofmarine
marine
invertebrates
invertebratesand
and shellfish:
shellfish:
GregolyPoint
PointResearch
ResearchReserve:
Reserve:seaward
seawardofofthe
theshoreline
shorelineininthe
thearea
areadefined
defined by
by the
the
(a) Gregory
Long. (point
(point A)
A) to 43°20'35.9"
43'20'35.9"
points making
making lines
linesfrom
from43O20'18.7"
43°20'18.7"N.
N.Lat.,
Lat.,124°22'50.3"
124°22'50.3"W.
W.Long.
N. Lat., 124°22'53,7"
124'22'53.7" W.
W. Long.
Long. (point
(point B) and seaward of the shoreline from
43"20'24.1n
from 43°20'24.1"
N. Lat., 124°22'32.7"
124O22'32.7" W.
W. Long. (point
(pointE)
E)to
to43°20'39.O"
43'20'39.0" N.
N. Lat.,
Lat., 124°22'38.2"
124'22'38.2" W.
W. Long.
Long.
1);
(point C; Figure 1);
PirateCove
CoveResearch
Research Reserve:
Reserve:shoreward
shorewardfrom
fromthe
theline
linedefined
defined by
by points
points at
at
(b) Pirate
44"49'05.0" N.
124"04'03.6"W.
W.
44°49'OS.O"
N.Lat.,
Lat., 124°04'02.1"
124°04'02.1" W.
W.Long.
Long. (point
(pointA)
A)to
to44°49'08.8"
44°49'08.8" N.
N. Lat.,
Lat., l24°04'03.6"
@) were submitted to the Commissionfor
Long. (point B; Figure
Figure2).
2). Subsections (3)(a) and (b)
for
adoption at
atthe
theCommission
CommissionMeeting
Meeting 3-22-95,
3-22-95, ef
ef: 4-1-95.
proposed adoption
4-1-95.
Div. 39-1
Ii
lr'9
OREGON ADMINISTRATIVE
ADMINISTRATIVE RULES
OREGON
RULES
17
OREGON DEPARTMENT
AND WILDLIFE
OREGON
DEPARTMENTOF'
OF FISH
FISH AND
WILDLIFE
Iflik & WiIdIif.
means proposed to be deleted
Note:
] means
Note: [[ ]
Bold means proposed to
t o be
be added.
added.
(4) Open
Opento
toangling
anglingfor
forhalibut:
halibut:
(a) North
Northof
ofCape
CapeFalcon
Falcon to
to Leadbetter
Leadbetter Point,
Point, Washington,
Washington, from
from May 1,
1, seven days per
week, until 4,617 pounds have been taken in this season
season. The
The daily
daily catch
catch limit
limit is one fish per day
with a 32-inch
32-inch minimum length;
length,
(b)
Southof
ofCape
CapeFalcon
Falcon to
to Florence
Florence north
north jetty:
jetty
(b) South
(A) May
May 4,
4, each
eachThursday
Thursday through
through Saturday,
Saturday,until
until 67,706
67,706pounds
poundshave
havebeen
been taken
taken in
in this
this
season,
season;
(B)
the day
day following closure of the season described in paragraph (4)(b)(A) of
(B) Re-opens the
this rule
rule. Fishing
Fishing is
is allowed
allowed seven
seven days per week inside the 30-fathom curve until the earlier of
August 2 or when 3,314
3,3 14 pounds
pounds have
have been
been taken
taken in
in this
this season;
season,
(C) August
August 3,3,each
eachThursday
Thursday through
through Saturday,
Saturday, until
until the earlier
earlier of September
September 30 or when
thetotal
the totalcatch
catchtaken
takenininthe
theentire
entirearea
areasouth
southof
ofCape
CapeFalcon
Falcon to
to the
theOregon-California
Oregon-California border
reaches 102,193 pounds.
(c) Florence
Florence north
north jetty
jetty to
to Oregon-California
Oregon-California border:
(A) May
May 4,
4, each
eachThursday
Thursday through
through Saturday,
Saturday,until
until 5,999
5,999 pounds
poundshave
havebeen
been taken
takenininthis
this
season,
season;
(B) Re-opens
paragraph (4)(c)(A)
(4)(c)(A) of
(B)
Re-opensthe
the day
dayfollowing
following closure of the season described in paragraph
rule. Fishing
the 30-fathom
30-fathom curve until
until the
the earlier of
of
this rule
Fishing is allowed seven days per week inside the
or when 1,500
1,500 pounds
pounds have
have been
been taken
taken in
in this
this season;
season,
August 2 or
Div. 39-2
OREGON ADMINISTRATIVE
ADMINISTRATIVE RULES
RULES
OREGON
OREGONDEPARTMENT
DEPARTMENTOF
OFFISH
FISHAND
ANDWILDLIFE
WILDLIFE
OREGON
[risks WIW lust
Note: [ [ ]] means
means proposed
proposed to
t o be
be deleted
deleted
Note:
-
Bold means
means proposed
proposed to
t o be
be added.
added.
Bold
(C)
(C) August
August3,3,each
eachThursday
Thursdaythrough
throughSaturday,
Saturday,until
untllthe
theearlier
earlierof
ofSeptember
September30
30or
orwhen
when
thetotal
totalcatch
catchtaken
takenininthe
theentire
entirearea
areasouth
southofofCape
CapeFalcon
Falcontotothe
theOregon-California
Oregon-Californiaborder
border
the
reaches102,193
102,193pounds.
pounds.
reaches
(d)
subsections(4)(b)
(4)(b)and
and(c)
(c)ofofthis
thisrule
rulethe
thedaily
dailycatch
catch
(d) During
Duringthe
theseasons
seasonsdescribed
describedininsubsections
50
limits are
are one
onefish
fish at
ataaminimum
minimum length
length of
of 32
32inches
inchesand
and one
onefish
fishat
at aaminimum
minimumlength
length of
of 50
limits
Subsections (4)(a)
(./)(a)through
through(d)
(4were
wereadopted
adopted3-13-95,
3-13-95, ef
ef:4-2-95.
4-2-95.
inches Subsections
inches.
(5) AAperson
aersonmay
mayassist
assistaadisabled
disabledclam
clamdigger,
digger, provided:
arovided:
(5)
(a')Both
Bothdiggers
diggershave
havetheir
theirown
owncontainers
containersfor
forclamsz
clams;
(a)
(b) The
Thedisabled
disabledclam
clamdigger
diggerisiswithin
within100
100feet
feet of
of the
the assistant
assistantwhile
while the
the assistant
assistant isis
(b)
dieoing: and
and
dining;
Thedisabled
disabled clam
clam digger
digeer has
has either
eitheraa valid
valid disabled
disabled clam
clam digger
digger permit,
permit. aa
(c) The
disabled
disabled veteran's
veteran's angling
anglinglicense,
license,aa disabled
disabled person
aersonangling
angling license,
license. or
or aa blind
blind angler
angler
license, all of which
Deaartment of
of Fish
Fish and
andWildlife
Wildlifeininpossession
aossession on
on
which are issued by Oregon Department
the clam
clam beds:
beds:
the
(A) Persons
Personswishing
wishingto
toQualify
aualifv for
for a disabled
disabled clam
clam digger
digger permit
aermit must
mustbe:
be:
(A)
(1)
(a A person
Derson who
who has
has severely
severelv limited mobility
mobilitv because of
of paralysis
aaralvsis or
or the
the loss
loss of
of use
of some or all of
of the
the person's
person's legs or arms;
Jir?AAperson
aersonwho
whoisisaffected
affectedby
byloss
loss of
of vision
vision or
or substantial
substantialloss
lossof
of visual
visual acuity
acuitv or
or
(ii)
visual field beyond correction;
correction: or
or
visual
Div. 39-3
39-3
Div.
'OREGON'
IrA1
OREGON ADMINISTRATIVE
ADMINISTRATIVE RULES
RULES
OREGON
kWiI
OREGONDEPARTMENT
DEPARTMENTOF
OFFISH
FISHAND
ANDWILDLIFE
WILDLIFE
OREGON
Note: [[ ]] means proposed
proposed to
to be
be deleted
deleted
Note:
Bold means
means proposed
proposed to
to be
be added.
added.
Bold
liifi A
A person
person who
who has
has any
any other
other disability
disabilitv that
that prevents
prevents the
the person
person from
from walking
(iii)
without the
theuse
useof
of an
an assistive
assistive device,
device, or that
causes the person
person to
to be
be unable
unableto
towalk
walk more
more
without
that causes
200 feet,
feet, including
including but
but not
notnecessarily
necessarily limited
limited to:
to:
than200
than
m
Chronicheart
heartcondition;
condition;
(I) Chronic
(m Emphysema;
Emohvsema;
(II)
fIU) Arthritis;
Arthritis;
(III)
(IC? Rheumatism;
Rheumatism; or
or
(TV)
JV) Ulcerative
Ulcerative colitis
colitis or
or related
related chronic
chronicbowel
bowel disorder.
disorder.
(V)
JB) Persons
Personswishing
wishingto
toQualify
qualify for a disabled clam ddigger
i ~ g e permit
r
provide
(B)
must provide
A licensed
licensed physician must certify that the
the
written certification
certification from
from aa licensed
licensed physician.
physician. A
written
disabilitv is temoorarv,
the physician
physician also
also must
person is disabled, as defined
defined above.
above. If the disability
temporary, the
person is
is no longer expected
expected to need the disabled clam digger permit.
give the date the
the person
certify disabled clammers are: Doctors
Doctors of
of medicine,
medicine,
Physicians who are authorized to
to certify
Physicians
Osteopaths, Podiatrists,
Podiatrists, Chiropractors and Naturopaths.
personassisting
assist in^the
thedisabled
disabled clam
clam digger
digger permit
permit holder
holder has
has aa copy
copy of
of the
the
Jd) The
Theperson
(d)
4-26-95, ef.
ORS
permit in possession
possession on
Adopted 4-26-95,
on the
the clam
clambeds.
beds. Adopted
ef. 5-1-95.
5-1-95. Stat. Auth.:
Auth.: ORS
496.162, 506.119
506.119 &
&506.129.
506.129.
496.138, 496.162,
Div. 39-4