FÔREGONJ
Oregon Fish and Wildlife Commission
November 4, 2005
I
I
EXHIBIT
I
[Fish &WIIdUte1
SUBJECT
Bay Clam Dive Fishery
PRINCIPAL
STAFF PERSON
Jean McCrae, Developmental Fisheries
COMMISSION
ACTION
REQUESTED
Adopt rules removing bay clams from developmental fisheries species list and
establishing limited entry system for the commercial bay clam dive fishery.
DOCUMENTS
ATTACHED
1.
Phone: (541) 867-4741
Agenda Item Summary
2. Notice of Proposed Rulemaking
3. Statement of Need and Fiscal Impact
4. Proposed Administrative Rules
5.
Public Comments
RELATED
STATUTES
ORS 496.146, 506.036, 506.109, 506.119, 506.129, and 506.450 through
RELATED
RULES
OAR Chapter 635, Divisions 005 and 006
506.465
Read and
Approved by:
Redacted for privacy
Date /g2CC
Division Administrator
AttorneyGeneral
Director
ave
Saptd7L4
__Redacted for privacy
Date
________Date
10-27-05
tOJZSJt7ff
Attachment 1
Agenda Item Summary
BACKGROUND
This agenda item presents proposed rule changes to developmental
fisheries regulations based on recommendations by the Developmental
Fisheries Board, developed through a number of public meetings.
The Board was created by the 1993 Legislatute to make recommendations
to the Fish and Wildlife Commission on developmental fisheries. State
policy requires the Commission to institute a management system for
developmental fishery resources that addresses both long term
commercial and biological values and that protects the long term
sustainability of those resources through planned commercial
development when appropriate (ORS 506.455).
PUBLIC
INVOLVEMENT
The Developmental Fisheries Board has held three public meetings so far
in 2005 (February, May, and August). The Board received extensive
public input at these meetings on issues outlined in this staff report.
Minutes of Board meetings are available upon request.
ISSUE 1
Whether to iemove bay clams from the developmental species list and
create a limited entry system for the bay clam dive fishery (OAR 63 5-0060850 and 63 5-006-1005 through 1110)
ANALYSIS
In 2004, members of the bay clam dive fishery requested bay clams be
moved off the developmental species list and placed in its own limited
entry system. The industry contends the fishery has reached it full
potential as it currently exists and they would like the permits to be
transferable. In the six public meetings held in 2004 and 2005, the Board
discussed numerous proposals developed by the industry and ODFW
staff The Board recommends the fishery be moved into a limited entry
system that is similar to the current permit structure.
Background of Fishery
ment
Commercial harvest of bay clams (cockle, butter, gaper, littleneck, and
softshell clams) has occurred in Oregon estuaries for many years (Table
1). Prior to 1985, a permit was not required. Beginning in 1985, a
shellfish harvest permit was required, but there was no limit to the number
of permits that could be issued. Except for an experimental fishery with
suction dredge gear, most occurred in intertidal areas until the mid-l990s.
In the mid- 1 990s, harvest from subtidal areas with dive gear began.
Harvest from subtidal areas raised concerns because most harvest had
been from intertidal areas and the subtidal clam population was
considered broodstock for intertidal areas. As a result of the increased
dive activity, the Oregon Fish and Wildlife Commission adopted a rule
requiring a developmental fishery permit for the commercial harvest of
bay clams beginning in 1996. The number of permits using dive gear was
restricted; however, the number of intertidal harvest permits was left
unrestricted.
Initially, 20 permits, issued to individual divers, were authorized (Table
2). In 1997, the number of permits was reduced to 10, so permits could
then be issued to a vessel where up to two divers could work off the same
permit. Initially, all permits were issued for the entire coast. Tn 1999, five
additional permits were added, but harvest under these new permits was
restricted to south coast areas (south of Heceta Head).
All available permits have been issued each year (Table 2). Most permit
holders renew their permit for the next year by meeting the minimum
annual renewal requirements: 5 landings of at least 100 pounds or an
annual total of at least 2,500 pounds. Because most of the permit holders
are meeting the renewal requirements, there have been only a few pennits
available for new applicants through the lottery system in the last few
years.
Harvest
Total harvest of bay clams has fluctuated over the years. There have been
high total harvest levels over the last five years (Table 1). The method of
harvest has changed from a mixture of dive and intertidal hand harvest to
almost totally by dive harvest. Clam harvest using dive gear has
accounted for an average of 96.2% of the total annual commercial bay
clam harvest since 1996 (Table 3).
The area of harvest has changed from 5-6 bays each year to almost all the
harvest coming from Tillamook Bay (Port of Garibaldi). Except in 2004,
over 90% of the harvest has come from Tillamook Bay each year
sincel994 (Table 3). In 2004 there was a slight increase in harvest from
Coos Bay (Port of Charleston).
Cockle clams have made up the majority of the harvest, with butter clams
comprising a significant proportion of the harvest in some years (Table 4).
In 1996, quotas for cockle harvest with dive gear were established for
Tillamook and Netarts bays.
Effort
The total number of permits issued has decreased since the dive fishery
has developed (Table 1), From 1985 to 1995, the number of permits
issued averaged over 100 per year. Since 1996, the number of intertidal
permits has averaged 23 per year.
It is difficult to quantify the actual number of divers involved in the
fishery. On a vessel permit, up to two divers can work off of the vessels
at any one time. Over the course of a year several different pairs of divers
could work off the same vessel permit. Landings on fish tickets may be
reflected by diver or by vessel. Also, a person with an individual permit
may work off of, and make landing attributed to, a vessel permit. Even
though effort data are not precise, it is evident from the landings the
majority of the harvest can be attributed to a few individuals.
Gear
Harvest of bay clams has traditionally been by hand methods. k the mid1970s, experimental fishing was conducted using a high-powered suction
thdge and water jet. Harvest with mechanical gear was discontinued
because of concerns of the sporadic recruitment of gaper clams and overefficiency of the gear. hi more recent years, ODFW has also not allowed
mechanical gear due to lack of data on sustainable harvest levels.
In mid-2002, low-powered water jets were allowed on an experimental
basis in Tillamook and Coos Bays. Quotas were established for each
species of clams based on survey data in Tillamook Bay and on historical
harvest levels in Coos Bay.
Removing a Species from the Developmental Species List
To remove a species from the Developmental Species list (OAR
635-006-
0840):
The fishery needs to meet the definition of a developed fishery; or
The species is being harvested in excess or optimum sustained yield;
or
The species is listed as threatened or endangered; or
Continued commercial harvest may lead to gear conflict, habitat
damage, excessive discard; or
Excessive user group conflicts.
The reason for removing the bay clams from the species list is because the
dive fishery, as it currently exists, can be considered essentially
developed. The definition of a developed fishery (OAR 635-006-08 10) is
"a fishery where the level of participation, catch, and effort indicate the
fishery has approached optimum sustained yield and/or there is sufficient
biological information, information on harvest methods, gear types, and
markets to develop a long-term management plan for the species.".
While specific criteria have not been established to detemilne if a fishery
meets the definition of a developed fishery, there are elements that help
define a developed fishery versus an underdeveloped fishery. A
developed fishery will have a least some periodic assessments, the level of
harvest will be at or near optimum yield, a harvest program is established
(which may include seasons, gear, size, bycatch restriction, or closed
areas), and the participation in the fishery is basically stable. An
underdeveloped fishery will have no assessments, the level of harvest will
be less than optimum yield, no harvest program will be established, and
participation in the fishery will vary from year to year.
The individuals involved in the dive fishery have remained the same for
some time. Of the ten coast-wide permits, eight individuals have had a
permit for five years or more; five have had a permit for eight years.
Basic life history of the major bay clam species is fairly well known and
regulations have been established based on these characteristics (size
limits & seasons). ifi addition, closed areas have been established for the
dive fishery as conservation areas.
Periodic assessments of bay clams are currently intermittent. However,
current harvest quotas are based on relatively recent surveys and future
surveys are a priority for ODFWs new shellfish program. Even though
harvest levels could very well be increased with updated survey data,
current harvest levels are near optimum levels given the current survey
data.
Proposed Limited Entry System
Once a species is removed from the list, a management plan needs to be
established (OAR 635-006-0840). With considerable input from the
public, especially the commercial clam industry, the Developmental
Fisheries Board recommends putting the bay clath dive fishery into a
limited entry system with a structure similar to the current developmental
permits. The limited entry system would consist of the following details:
Definition of the fishery
A limited entry permit will be needed to commercially harvest bay
clams (cockle, butter, gaper, littleneck, & softshell clams) from
subtidal areas in Oregon estuaries using dive gear.
Intertidal harvest by hand would remain unlimited.
Pennit ReQuirement
Up to 10 permits will be issued to commercially harvest bay clam
in any estuary (coast-wide permits).
Up to 5 permits will be issued to commercially harvest bay clams
in estuaries south of Heceta Head (south coast pennits).
Permits may be issued to an individual or to a vessel, designated at
the beginning of the year. Designation may not change during the
year.
Limit of two divers operating off a vessel in the water at any one
time.
Eligibility for Permit
An individual or vessel is eligible for a coast-wide limited entry
permit if they had a coast-wide Developmental Fisheries bay clam
dive permit in 2005 (and met renewal requirements).
An individual or vessel is eligible for a south-coast limited entry
permit if they had a south-coast Developmental Fisheries bay clam
dive permit in 2005 (and met renewal requirements).
Renewal of Permits
Annual renewal requirements will be five landings of at least 100
pounds or an annual total of 2,500 pounds.
Renewal requirements will be waived in the case of the death of
the permit holder.
ppeals Process
Appeals will be heard by a hearings officer with final decision by
the Commission.
Issuing New Permits
New permits will be issued through a lottery.
Transfer Provisions
Permits will be filly transferable.
Temporary transfers for medical reasons will be allowed for
individual permits.
lcs
Logbooks will be required.
Logbooks will need to be turned in, to renew the permit.
Other regulations
Existing permit stipulations for bycatch, closed areas, size limits,
and annual quotas in Tillamook and Netarts will be added to
shellfish OARs.
OPTIONS
1. Amend rules to remove bay clams from the developmental fisheries
species list and create a limited entry system for the bay clam dive
fishery.
2. No action: status quo - bay clams would remain under developmental
fisheries.
Option 1.
STAFF
RECOMMENDATION
DRAFT MOTION
EFFECTIVE DATE
I move to amend OAR Divisions 005 and 006 as proposed by staff in
Attachment 4, to remove bay clams from the developmental fisheries species
list and establish a limited entry system for the commercial bay clam dive
fishery [with the following changes...]
Jaunary 1,2006
Appendix Tables to Attachment 1
Table 1. Oregon commercial clam harvest and effort, 1970-2005.
Pounds
harvested
Number of
harvesters
40
50
37
258
230
100.3
124.0
354
174.8
1973
25,884
28,526
61,523
17,156
19
187
1974
16,315
23
182
1975
25,908
88,054
85,733
216,926
94,912
80,467
81,138
134,105
136,185
120,574
99,254
82,829
46,283
44,696
60,482
72,756
87,842
62,044
127,730
180,934
126,967
66,733
75,681
55,246
87,531
110,666
120,040
153,830
190,750
19
91.7
39.6
227.3
946.8
304.0
943.2
741.5
442.1
222.5
245.3
Year
1970
1971
1972
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
35 yr average
20 yr average
15 yr average
169,061
92,413
100,971
112,406
Number of
landings
7
116
97
29
155
15
218
19
128
36
30
46
336
538
41
811
30
44
36
34
28
24
704
614
664
385
258
38
176
Average pounds
per landing
Number of pemiits
dive
intertidal
-
-
-
-
-
168.0
171.3
-
161.7
65
124.7
65
120.2
173.2
121
221
273.7
111
189.5
92
40
29
384
473
410
185.7
126
151.3
115
38
733
174.3
111
32
24
428.8
113
11
422
393
450
288
233
20
291
18
324
295
382
374
568
21
10
12
18
19
33
323.1
148.3
136
132
20
13
262.8
237.1
11
10
10
300.8
341.6
15
15
22
30
20
406.9
402.7
510.0
297.6
15
6
15
35
15
23
15
49
Table
2.
Numbers of pennits, renewals, and applications for bay clam dive permits, 1996-2005.
permits
issued
Year
*sc
*cw
20
1996
1997
1998
1999
-
-
-
5
7
5
5
7
9
5
5
8
3
8
0
5
8
5
5
9
10
11
10
10
10
10
10
10
10
10
2000
2001
2002
2003
2004
2005
*cw_coast wide;
permits issued
through lottery
cw
sc
permits renewed
from previous year
cw
sc
-
-
applications
for lottery
cw
Sc
-
-
2
-
15
-
-
3
1
3
0
3
1
2
0
5
11
5
2
2
2
2
12
7
7
7
3
9
4
1
1
17
13
5
0
0
-
-
5
3
sc-south coast
Table 3. Percent landin2s. by nort. for the commercial bay clam dive fishery. 1992-2004
Year
Nehalem
Garibaldi
Netarts
Newport
Waldport
1992
1993
1994
1995
1996
1997
1998
1999
14.3
0.7
4.5
12.1
1.1
2000
1.0
2001
0.7
0.4
0.3
0.5
65.6
65.8
92.2
93.0
94.6
93.8
91.5
90.3
96.7
95.8
95.4
93.7
87.7
2002
2003
2004
29.0
3.6
6.5
1.8
6.2
7.3
1.9
Winchester
Charleston
6.3
51.6
0.6
112.1
162.2
124.7
0.7
1.3
2.9
5.6
1.1
2.1
2.2
2.0
1.2
7.8
2.0
3.0
4.1
6.0
11.8
0.3
0.5
Total lbs
(thousands)
66.5
74.4
54.2
85.9
107.6
119.2
153.8
186.3
131.0
Table 4. Percent landings, by species, for the commercial bay clam dive fishery,
1992-2004.
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
softshell
butter
littleneck
gaper
0,1
0.5
5.3
17.2
32.6
3.7
7.3
6.7
12.3
10.9
3.7
1.0
0.7
0.3
0.3
0.4
17.9
4.8
0.8
-
1.1
-
-
-
6.3
2.1
17.0
53.4
44.8
37.4
22.1
22.5
48.5
27.4
10.1
5.2
5.7
4.7
8.0
3.6
3.7
9.0
8.0
7.4
cockle
64.4
57.2
94.3
76.3
86.0
64.7
31.0
43.5
58.0
73.4
67.8
43.1
64.8
% harvest
with dive
gear
81.4
87.8
89.6
98.7
99.6
99.2
98.1
97.2
97.9
99,3
99.1
97.7
77.5
Attachment 1I
Appendix Tables to Attachment
Oregon commercial
commercial clam
clam harvest
harvest and
and effort,
effort, 1970-2005.
1970-2005.
Table
Table 1. Oregon
Year
1970
1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
35 yr average
20 yr average
15
15 yr
yr average
Pounds
harvested
Number
Number of
of
harvesters
25,884
28,526
61,523
17,156
16,315
25,908
88,054
85,733
216,926
94,912
80,467
81,138
134,105
136,185
120,574
99,254
82,829
46,283
44,696
60,482
72,756
87,842
62,044
127,730
180,934
126,967
66,733
75,681
55,246
87,531
110,666
120,040
153,830
190,750
169,061
40
50
37
19
23
19
7
29
15
19
36
30
46
41
30
44
36
34
92,413
100,971
112,406
28
24
38
40
29
38
32
24
21
10
11
20
18
12
18
19
33
Number of
landings
landmgs
258
230
354
187
182
116
97
155
218
128
176
336
538
811
704
614
664
385
258
221
384
473
410
733
422
393
450
288
233
291
324
295
382
374
568
Average pounds
per landmg
landing
100.3
124.0
174.8
91.7
39.6
227.3
946.8
304.0
943.2
741.5
442.1
222.5
245.3
168.0
171.3
161.7
124.7
120.2
173.2
273.7
189.5
185.7
151.3
174.3
428.8
323.1
148.3
262.8
237.1
300.8
341.6
406.9
402.7
510.0
297.6
Number of
of permits
dive
I
intertidal
---
-
-
-
-
--
-
--
-
---
-
-
-
65
65
121
136
111
92
126
115
111
113
132
20
11
10
15
15
15
15
15
15
13
10
22
30
20
6
35
23
49
Iam d'
[,or bay
b aycclam
Ive permIts,
19962005
appllcatlOns for
0 f:permits,
permIts, renewals,
renewa s, and
and applications
Table 2.
2. Numbers
dive
permits, 1996-2005.
Table
Numb ers of
Year
from
from previous
prevpjea_
year
*5
*cw
'cw
'sc
20
1996
1997
II
11
10
1998
1999
10
5
10
2000
5
10
2001
5
10
2002
5
2003
10
55
2004
10
55
10
55
2005
*cwcoast
*cw-coast wide;
wIde;
SC-SQuth
sc-south coast
cw
5
7
7
9
88
88
88
9
10
applications
lottery
for loftery
sc
cw
CW
permits issued
pennits
permits renewed
permits
issued
through lottery
sc
SC
cw
sc
-
-
-
-
-
-
-
-
2
-
15
-
12
7
7
7
II
11
17
13
-
-
-
3
-
I1
3
33
0
2
4
55
33
0
2
0
5
33
I1
0
I1
2
2
2
I1
0
-
-
-
-
55
-
55
9
3
-
. Ibay
bavc
rt for
[,orthe
tb ecommercial
d'lYefishery,
fiISh erv, 1992-2004.
1992-2004
an mgs by
T abl e 3.
3 Percent
P ercentId'
am dive
commerCIa
Table
landings,
port,
clam
bwpo
Year
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
Nehalem
Garibaldi
Netarts
Newport
Waldport
14.3
29.0
3.6
6.5
1.8
6.2
7.3
1.9
1,9
1,0
1.0
0.7
0.4
0.3
0.5
65.6
65.8
92.2
93.0
94.6
93.8
91.5
90.3
96.7
95.8
95.4
93.7
87.7
0.7
4.5
12.1
0.7
1.3
5.6
2.1
l.l
1.1
6.3
2.2
2.0
0.6
2.9
l.l
1.1
Wiuchester
Winchester
Charleston
1.2
7.8
2.0
3.0
4.1
6.0
11.8
0.3
0.5
Totallbs
Total lbs
(thousands)
51.6
112.1
162.2
124.7
66.5
74.4
54.2
85.9
107.6
119.2
153.8
186.3
131.0
Percentlandings,
landings, by
by species,
species, for
for the
the commercial bay clam dive fishery,
fishery,
Table 4. Percent
1992-2004.
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
softsbell
softshell
0.1
-
-
-
-
-
-
-
-
-
-
bntter
buffer
0.5
5.3
1,1
l.l
6.3
2.1
17.0
53.4
44.8
37.4
22.1
22.5
48.5
27.4
littleneck
17.2
32.6
3.7
7.3
6.7
12.3
10.9
3.7
1.0
0.7
0.3
0.3
0.4
gaper
17.9
17,9
4.8
. 0.8
10.1
10,1
5.2
5.7
4.7
8.0
3.6
3.7
9.0
8.0
7.4
cockle
èockle
64.4
57.2
. 94.3
94,3
76.3
86.0
64.7
31.0
43.5
58.0
73.4
67.8
43.1
64.8
% harvest
with dive
gear
81.4
87.8
89.6
98.7
99.6
99.2
98.1
97.2
97.9
99.3
99.1
97.7
77.5
Attacl:u:rent
Attachttent 22
of State
Secretary of
OF PROPOSED RIJLEMAIGNG
RULEMAKING HEARING*
NOTICE OF
A Statement
Need and
and Fiscal Impact
Impact accompanies
accompanies this
this form.
fonn.
Statement of
ofNeed
ofFish
Oregon Department of
Fish and Wildlife (ODFW) Fish Division
635
Agency and
alld Division
Administrative Rules
Rules Chapter
ChapterNumber
Number
Marci Wightman
(503) 947-6034
Rules
Rules Coordinator
Telephone
3406 Cherry Avenue
97303
Avenue NE,
NE, Salem,
Salem, OR
OR 97303
Address
11/04/05
8:00 am
Hearing Date
Time
Columbia Co.
Co. Fairgrounds
Pavilion Building
58892
58892 Saulser Road
St.
St. Helens, OR
Fish and Wildlife Commission
Hearings Officer
Location
Are auxiliary
auxiliary aids
aids for persons with
with" disabilities available upon
upon advance
advance request?
request?
Yes
No
RULEMAKING ACTION
ADOPT:
Secure
rule numbers
numberswith
withthe
the Adnilniatrative
Administrative Rules
Rules Unit
Unitprior
prior to
to filing.
filing.
Secure approval
approval of
ofrule
Rules in Chapter 635, Divisions 005 and 006
F
I LED
FILED
SEP
Z005
SEP 11 442005
AMEND:
ARCHIVES
DIVISION
ARCHIVES DIVISION
SECRETARY
OF STATE
SECRETARY OF
Rules in Chapter 635, Divisions 005 and 006
REPEAL:
Rules in Chapter 635, Divisions 005
005 and 006
be repealed
repealed as
as determined
deterrninedjustified.
006 may
maybe
justified.
Renumber:
rulenumbers
numberswith
witllthe
theAdministrative
AdmillistrativeReles
RulesUnit
Unitpsior
priorto
to filing.
filing.
Rents mber: Secure
Secure approval
approval of
cfrule
and Renumber:
Renumber;Secure
Secureapproval
approvalofrule
of rulenumbers
numberswith
withthe
tJ1CAdministrative
Administrative Rules
Rules Unit
Unit prior to filing.
filing.
Amend and
ORS
ORS 506.465
ORS 506.036,
506.036, ORS 506.109, ORS 506.119, ORS 506.129, ORS 506.450 thru ORS
Auth.; ORS
ORS
Stat. Auth.:
Other Authority
ORS 506.119,
506.119, ORS
ORS 506.129, ORS 506.450
506.450 thru
thru ORS
ORS 506.465
506.465
ORS 506.036, ORS 506.109, ORS
Slats. Implemented:
Stats,
RULE SUMMARY
Remove bay clams from developmental fisheries species list and adopt rules establishing
establishing limited
limited entry
entry system
system
for
and technical corrections
corrections to the regulations may occur
for the commercial bay clam dive fishery.
fishery. Housekeeping and
to ensure rule consistency.
ORS
public comment
comment on
on whether
whether other options
options should
should be
be considered
considered for
for achieving
achieving the
the rule's
rule's substantive goals while
while reducing negative
negative
ORS I183.335(2)(G)
83.335(2)(G) requests public
business.
economic
of the rule on business.
economic impact of
4, 2005
November 4.
Last Day
Day for
for Public
Public COIllll1ent
Comment
Redacted for privacy
(I
Signature and Date
June LeTarte
"'The
Bul/eli!! isis pubt
published
theOregon
OregonAdmin
Administrative
Rules
submiued to the Adniintatrative
Administrative Rules
Stilte
eThe Oregon
Oregon au/foist
inhcd o~
un the
the 1st
t etof
oreach
each mo~th
month and
and updates
epdateothe
therule
rub texl
tent found
ftetd ininttte
ratrattee Re
tea Compilation.
Comptiattun- Notice
Notice forms
retina must be submitted
Retsa Unit, Oregon State
800 Sunmn's
Sl.lmmerStreet
Street NE,
NE,Saints,
Salem,Oregon
Oregon97310
97310by
byRot
5:00
thet 5th
15thday
daycr5/se
oflbepp'eceding
preceding month
mo~tb sn/ens
I.llliess this
tbis desdtsne
deadline fe/ta
falls one
On aSaturday,
Saturday, Sssday
Sunday or
or tegat
legal hoLiday
holiday when Ne/ice
NOlice rornre
foI1Tl.l are
on
Archives, ItO
propmono~the
sre accepted until 5:00pm et
the preceding
ps'eceding workday
workday920-1997
ARC 920'
1997
Attachnent
Attacl:1Irent 3
3
Secretary of
of State
AND FISCAL IMPACT
STATEMENT OF NEED AND
A Notice of Proposed
Proposed Rulemaking
Rulemaking Hearing
Hearingora
ora Notice of Proposed
Proposed Rulemaking
Rulemaking accompanies
accompanies this
this form.
form,
Oregon Department of Fish and Wildlife - Fish Division
635
Division
Agency and Dirision
Administrative Rules Chapter Number
In the
the Matter
Matter of amendment
amendment of
OAR Chapter 635, Divisions 005
005
and 006
006 relating to Developmental
Fisheries Program and Commercial
Shellfish Fishery
Statutory Authority,
Statutes Implemented,
of Need,
Statement of
Principal Documents Relied Upon,
Statement of Fiscal Impact
))
))
))
)
)
))
Statutory
Authority:ORS
ORS506.036,
506.036,ORS
ORS506.109,
506.109,ORS
ORS506.119,
506.119,ORS
ORS506.129,
506.129, ORS
ORS 506.450
506.450 thruORS
thru ORS 506.465
506.465
Statutory Authority:
Authority:
Other Authority:
Statutes Implemented:
Implemented:ORS
Statutes
ORS
506.036,
506.036,ORS
ORS506.109,
506.109,ORS
ORS506.119,
506.119,ORS
ORS506.129,
506.129,ORS
ORS 506.450
506.450 thru
thru ORS
ORS 506.465
506.465
Need for the Rule(s):
Program regulations;
regulations;
These rules are needed to implement changes in the Developmental Fisheries Program
from the
the developmental
developmental species list
list and
and adopt
adopt rules
rules establishing
establishing aa limited
limited entry
entry
to remove bay clams from
bay clam
clam dive
dive fishery.
fishery.
system for the commercial bay
Documents Relied Upon:
Staff report
4, 2005
2005
repOrtfor
forthe
the Oregon
Oregon Fish
Fish and
and Wildlife
Wildlife Commission Meeting of
of November
November 4,
available for public inspection in
in the
the Department
Department of.Fish
ofFish and
and WIldlife,
WIldlife, Fish
Fish
The above document is available
Division, 3406
Cherry Avenue
Avenue NE,
NE, Salem,
Salem, OR,
OR, between
between 8:00
8:00 a.m.
a.m. and
and 4:30
4:30 p.m.,
p.m., on
on normal
normal
Division,
3406 Cherry
working days, Monday through Friday.
Attached
Fiscal and Economic Impact: Attached
Advisory Committee
Committee consulted?:
Administrative Rule Advisory
If not, why?:
If
Yes,
bay clams
clams from
from the
the
Yes, the Developmental Fisheries Board met and considered requests to remove bay
developmental species list and adopt rules establishing a limited entry system for
for the
the commercial
commercial bay
clam dive fishery.
Redacted for privacy
June LeTarte
leTarte
Administrativ~Rates
Rule.! Unit,
Unit,Archives
ArchivesDivision,
Division,
SeCrel.a1)'ofState,
of State,800
800Summer
SummerStreet
StreetNE,
NE,Salem,
Salem,Orego,
Oregon9731097310
Administmtive
Secrerasy
ARC
_ 1997
ARC 925
925997
Economic Impact Statement
for the November 4,2005
4, 2005 Hearing
in the Matter of the Amendment of
of Rules
Relating
Relatin.g to
to the
Developmental Fisheries Program and the Commercial
Commercial Shellfish
Shellfish Fishery
Fishery
Fiscal
economic impact:
impact: The
The rules
rules are needed
needed to remove
remove bay clams
clams from
from the
the
Fiscal and economic
developmental
adopt rules
rules establishing
establishing a limited
limited entry system for the
the
developmental species
species list
list and
and adopt
commercial
conm-iercialbay
bayclam
clamdive
divefishery.
fishery.The
Theproposed
proposedrules
rules will
will affect
affect state
state agencies,
agencies, units
units of
local government and the public, respectively, as discussed below.
a. The
state agency
agency which
affected by
The only state
which should
should be
be affected
by adoption
adoption of
of these
these rules
rules is
is the
Oregon Department
Department ofFish
of Fish and
and Wildlife.
Wildlife. The main cost to the agency ofthis
of this rule change
change
would involve
oftheinfom1ation
systems required to issue
issue clam permits and
invqlve modification of
theinfomrntion systems
to
process fish
fish· tickets.
tickets. Clam
Clam permits
permits are
are unique
unique because
because they
can be issued
issued and
and
to process
they can
transferred
individuals and vessels.
vessels. Therefore,
Therefore, aa special
special temporary
temporary solution
solution will
will
transferred to
to both individuals
until clam
clam permits
permits can
can be
be incorporated
incorporated into
into an
an integrated
integrated system
system that
that will
will be
be
be required until
developed
year. This
full time employees
employees at the Information
Information
developed next year.
This work will require two frill
Services
level for
for 160
160 hours.
hours. The
The cost
cost of
ofpersonal
personalservices
services will
will be
beapproximately
approximately
Services 66 level
$5,500.
oflocal
governmentare
are expected
expectedto
to be
be affected
affected by
by these
these rules.
rules.
Nounits
unitsof
b. No
local government
c. The
The public
public could
could be
affected by
the adoption
adoption of these
these rules.
rules. In
In the
the long
long run,
run,
be affected
by the
these rules
rules is
expected to
to yield
positive ecOnomic
economic effects
effects by
by
implementation of
implementation
of these
is expected
yield positive
controlling
controlling further
further entry
entry into
into the
the fishery.
fishery. Since
Since entry
entry will
will be limited and permits will be
transferable, pennits
transferable,
pennits will
will become
become an
an asset
asset with
with economic
economic value.
value. Owners
Owners of a permit
permit
to other
other fishermen.
fishermen. Those
Those who wish to
to enter
enter the
the
would
profit from
from its
its transfer
transfer to
would be able profit
perruit would
would depend
depend on the
the
fishery would
fishery
would incur
incur the
the permit
permit cost.
cost. The
The value
value of aa permit
of benefits
fishery. It is not possible to
associated flow Of
benefits gained
gained by using
using the permit in the fishery.
calculate potential
not available.
available. Those
Those
calculate
potential owner
owner benefits
benefits because
because fishery
fishery cost
cost data
data are not
permits that
that include the entire Oregon
coast will
will have
have a greater value
value than those that are
permits
Oregon coast
of Heceta Head.
constrained to areas south of
The rules are believed to be fully compatible with legislative direction
direction on
on the goals
goals of fish
fish
and wildlife management in Oregon.
Wedo
donot
notbelieve
believethat
thata aless
lessintrusive
intrusiveororless
lesscostly
costlyalternative
alternative adaptation
adaptation to only
only small
W
consistent with
with the
the purpose
purpose of
of the
the rule.
rule.
business is consistent
Most businesses affected by these rules
rules are
are believed
believed to
to be
be "small business."
Attachment 4
DEPARTMENT OF FISH
FISH AND WILDLIFE
DIVISION 005
COMMERCIAL SHELLFISH FISHERY
Clam Fishery
Clam
635-005-0020
635·005·0020
Closed Seasons and Areas
ItIt is
is unlawful
unlawful to take for commercial purposes:
30,except
except[as-authorized
[as authorizedundoc-a--Dovolopmentak--isheriec
under a Developmental Fisheries Pecmit
Permit
Gaper clams
clams from
from January
January11through
throughJune
June30,
(1) Gaper
entry bay
bay clam
clam dive
divefishery
fisherypermit
permit(OAR
(OAR635-006-1015),
635·006·1015), an
{OAR 635005 0900lJ under
{QAR-6a-Qg-oQoo)}
under aa limited entry
an incidental
catch
gaper clam
clam per eight butter clams,
clams, or 25
25 pounds of gaper clams
catch of one paper
clams per 100
100 pounds
pounds of
of butter
butter clams,
clams,
whichever allows the
the greater
greater gaper clam incidental catch.
catch,
(2) Razor
Razor clams
clams from
from July 15
through September
September30
15 through
30 inthe
inthearea
areanorth
northofofTillamook
TillamookHead
HeadininClatsop
ClatsopCounty.
County.
(2)
(3)
(3) Any clams from:
(a)
(a) Little
Little Nestucca Bay;
(b) Big
Big Nestucca Bay;
(b)
(c)
(c) Netarts
Netarts Bay,
Bay, except cockles may be taken;
River and Bay;
Bay;
(d) Salmon River
(e) Siletz River and Bay;
Bay;
All state
state parks south of
of Tillamook Head.
(f) All
(1)
TillamookBay,
Bay, under
underaabay
bayclam
clamdive
divepermit
permit(OAR
(OAR635-006-1
635·006-1015),
areas:
(4) Bay
Bay clams
clams in Tillamook
01 5),from
from the
the following
following areas:
(!!)
the floating toilet
toilet site
site south
south to
toSandstone
Sandstone Point
Point and
and 500
500 feet
feet westward
westward from
from the
the
(a) The
The "Ghost
"Ghost Hole"
Hole" from
from the
Highway 101
101 shoreline;
shoreline;
(Q)
Thearea
area east
east of
ofaa line
line connecting
connecting the
the Coast
Coast Guard
Guard tower on the north jetty
jetty and
and buoy marker 13;
13;
() The
(f.)
harvest area
area near
near Kincheloe Point.
Point.
(c) An
An area
area 100
100 feet
feet around
around and
and inclUding
including the recreational clam harvest
(§.)
in Netarts
Netarts Bay,
Bay, under
underaabay
bayclam
clamdive
divepermit
permit(OAR
(OAR635-006-1
635-006·1015),
areas:
(5) Cockle clams in
01 5),from
from the
the following
following areas:
(!!)
reserve and
and across
across
(a) An
An area
area extending
extending 500
500 feet
feet to
to the
the north
north adjacent
adjacent to
to Oregon
Oregon State
State University's
University's shellfish reserve
the entire width of
of the
the bay;
bay;
(!?)
(b) Areas
Areas of heavy recreational harvest.
(§)
Coos Bay,
Bay, under
underaabay
bayclam
clam dive
divepermit
permit(OAR
(OAR635-006-1
635-006·1015),
areas;
(6) Bay clams in Coos
01 5),from
fromthe
the following
following areas:
(!!)
(a) In
In depths
depths less than 10 feet from
from mean
mean lower low water;
(!?)
bridge,
(b) The
The area
area of
of South
South Slough
Slough east of
of the
the Charleston bridge.
Stat. Auth.: ORS 506.109,
506.109, 506.119
506.119
Stats. Implemented: ORS 506.129
506.129
Hist.:
635-005·0030
635-005-0030
Size
Size Limit
Limit
legal size
size of
of razor
razor clams
clams taken
taken for
for commercial
commercial purposes
purposes isis 3-314
3-3/4 inches from tip to tip of
of the
the shell.
shell. ItIt isis
(1) The minimum legal
clams taken
unlawful to possess any razor clams
taken for commercial
commercial purposes
purposes which
which are
are less
less than
than the
the minimum
minimum legal
legal size.
size.
(2)
is no
no size
sizo limit
limit on
on clams
-elamsother
otherthan
than
razor
razor
clams.]
clams]
The
Theminimum
minimumlegal
legalsize
sizeofofcockle
cockle clams
clams taken
taken for
(2) [Thoro
[There is
commercial
under a bay
bay clam
clam dive
dive permit
permit(OAR
(OAR635-006-1015)
635-006.1015) is
2-1/4 inches
widest
commercial purposes
purposes under
is 2-114
inches at
at the widest
dimension.
unlawful to
to possess
possess any
any cockle
cockle clams
clams taken
taken for
for commercial
commercial purposes
purposes under
under aa bay
bay clam
clam dive
dive
dimension. It is unlawful
permit which are less than the minimum legal size.
(31 The minimum legal size of gaper clams taken for commercial purposes under a bay clam dive permit (OAR
635·006·1015) is 4 inches at the widest dimension. It is unlawful to possess any gaper clams taken for
commercial purposes under a bay clam dive permit which are less than the minimum legal size.
Stat. Auth.: ORS 506.119
506.119 and 506.129
506.129
Stats. Implemented:
Hist.:
635-005-0032
Catch
Catch Limits
(1)
Bay, the annual quota for
for cockle
cockle clams
clams harvested
harvested by
bythe
thebay
bayclam
clamdive
divefishery
fishery(OAR
(OAR635-006635-006(1) In
In Netarts
Netarts Bay,
1015)
1015) is
is 8,000
8,000 pounds.
pounds.
(g)
Bay, the
cockle clams
clams harvested
harvested by
by the
the bay
bayclam
clam dive
divefishery
fishery(OAR
(OAR 635-006635-006(2) In
In Tillamook
Tillamook Bay,
the annual quota for cockle
90,000 pounds,
1015)
1015) is 90.000
pounds.
(;!)
(3) Staff
Staff will
will initiate rulemaking
rulemaking to
to close
close the
the commercial
commercial season
season for
for cockle
cockle clams
clamsfor
foran
an area
area when
when the
the qUota
quota is
reached,
reached.
Stat. Auth.: ORS
506.109, 506.119
ORS 506.109,
Stats. Implemented: ORS
ORS 506.129
506.129
Hist.:
DEPARTMENT OF
OF FISH
FISH AND
AND WILDLIFE
WILDLIFE
DIVISION 006
Developmental
Developmental Fisheries Program
635-006-0810
Definitions
(1)
purposes of OAR 635-006-0820 through [635-666-6960]
[635 006 0950] OAR 635-006-1210
635-006-1210 the
the following
following definitions
definitions shall
shall
(1) For the purposes
apply:
(g)
meansaafishery
fishery under
under aa limited
limited entry
entry system
system according
according to
to the
the provision
provision of
of aa federal fishery
(2) [(-'1-)]
[(4)] "Actively managed"
managed means
management plan.
plan.
(;!)
means cockle clams
clams (C!k,ocardjum
(Clinocardium mitral/il),
nuttallil), butter
butter clams
clams (Saxidonus
(Saxidonus giganteus),
giganteus), gaper
gaper clams
clams
(3) "Bay
"Bay clams" means
(Tresus capas, nuttallii), native littleneck clams (Protothaca stamines), and softshell clams (Mva arenaria).
(1;) [(2)]
[(~)] Board"
"Board"means
meansthe
theDevelopmental
Developmental Fisheries
Fisheries Board
Board appointed
appointed by
by the
the Commission.
Commission.
(4)
(§J [(3)] "Commission" means
means the Oregon
Oregon Fish
Fish and Wildlife Commission.
(5)
(§) [(4)]
"Department"
meansthe
theOregon
OregonDepartment
Departmentof
ofFish
Fish and
and Wildlife.
Wildlife.
(6)
[)]"Department"
means
(Z) [(5)]
[(5)]"Developed
"Developed fishery"
fishery"means
meansaafishery
fisherywhere
wherethe
thelevel
levelofofparticipation,
participation,catch,
catch,and
andeffort
effortindicate
indicatethe
thefishery
fisheryhas
has
(j)
biological information,
information, information
information on harvest methods,
methods,
approached optimum
optimum sustained
sustained yield
yield and/or there is sufficient biological
approached
long-term management plan
plan for the species.
gear types, and markets to develop a long-term
@ [(6)]
[(a)] "Developmental fisheries species" means food fish species adopted by
by the
the Commission
Commission to
to be
be managed
managed under
under
(8)
Program.
the Developmental Fisheries Program.
(l!) [(+)]
"Director" means
means the
the Director
Director of
of the
the Oregon
Oregon Department
Department of Fish and Wildlife.
[(i)] "Director"
ifi)
(1Q) [(8)]
[(6)] "Domestic partner" means an individual who,
with a permit holder has formed a partnership
partnership in
in which
(10)
who, together with
which
both:
(a) Are at least 18 years of age;
(b) share a close personal relationship and are responsible for each other's welfare;
(c) are each other's sole domestic partner;
partner;
(d) are not
not married
married to
to anyone
anyone and
and neither
neither has
has had
had another
another domestic
domestic partner or aa spouse
spouse within
within in
in the
the previous
previous six
six
(d)
months;
closer than
than would bar marriage
marriage under ORS
ORS 106.020;
(e) are not related by blood closer
106.020;
(fjhave:sf"laie:dahoUseholdf6raFleasFsTxrrr6i1fhs;arid'
... .. .. ... . .. .....
(f)hav&share&ahousehottfor adeastsirmonths;
(g)
financially responsible for basic living
living expenses,
expenses, including
including expenses
shelter, and
(g) are jointly financially
expenses for food,
food, shelter,
and maintaining
maintaining a
household.
(11)
[(9)] "Immediate
"Immediate family"
family" means
means aa permit
permit holder's
holder's spouse,
spouse, domestic
domestic partner,
partner, children,
children, father,
father, mother,
mother, brother,
brother,
(11) [(9)]
sister, stepchildren, and grandchildren.
(ll)
an estimate of
of the largest
largest average
average annual
annual catch
catch or
or yield
yield that
that can
can
[(40)] "Maximum sustainable yield" (MSY) means an
(j [(W)]
be taken over a significant period of
of time from each stock under
under prevailing ecologicaland
ecological andenvironmental
environmentalconditions.
conditions.
(13)
[(-'1--'1-)] "Underutilized
"Underutilized species"
group of species
species that is
is not
not presently
presently harvested
harvested in
(13) [(44)]
species" means
means aa food
food fish
fish species
species or
or group
significant
quantities due
due to
to poor markets
gear development
development or
or may
may be
be caught
significant quantities
markets or inadequate
inadequate gear
caught but not utilized
utilized due to
poor markets.
[(~)] "Optimum
provide the greatest
greatest
(14)
(14) [(1-2)]
"Optimumsustained
sustainedyield"
yield" (OSY)
(OSY)means
meansthe
the desired
desired catch
catch level
level of
of a fishery that will provide
economic, social,
considerations that
overall benefit to the state taking into account economic,
overall
social, and
and ecological considerations
that will
will maintain
maintain aa level
level
population that insures the long-term
long-term productivity
productivity of the
sustain itself into
into the
of population
the stock and
and does
does not impair its ability to sustain
the
future.
(15)
[(-'1-3)] "Overfishing"
"Overfishing" means a level or rate of fishing mortality
mortality that jeopardizes the
the long-term
long-term capacity
capacity of aa stock
stock or
or
(15) [(43)]
stock complex to produce MSY.
Stat. Auth.: ORS
Stat.
506.109,506.119,
506.455, and 506.465
506.465
ORS 506.109,
506.119, 506.450,
506.450,506.455,
Stats. Implemented: ORS
ORS596.12g;
596.129; Hist.:
635·006·0850
635-006-0850
Developmental Fisheries Species
Species List
Developmental
(1)
Developmental Fisheries
Fisheries species,
restrictions, and
and landing
landing requirements
requirements for
renewal of
(1) The Developmental
species, permit
permit and
and gear restrictions,
for renewal
Category A permits are as
as follows:
(a) FISH
(A)
Pacific hagfish
hagfish (Eptatretus
(Eptatretus stout!)
stouti) fishery
has aa qualifying
qualifying requirement
requirement of
of five
five landings.
landings. Annual
Annual renewal
renewal
(A) Pacific
fishery has
requirements are five landings of at least
least 1,000
1,000 pounds
pounds each or
or aa total
total of
of 25,000
25,000 pounds.
pounds. In
In addition,
addition, landings
landings must
must be
be
requirements
Hagfish permits
permits are
are valid
valid for
for 90
90 days
days from
from date
date of
of issue,
issue, unless
unless five
five landings
landings
made in
made
in at least three different months.
months. Hagfish
90 days
days from
from date
date of
of issue,
issue, inin which
which case
case
of at least 1,000
1,000 pounds
pounds each
each or
or aa total
total of
of 25,000
25,000 pounds
pounds are
are made
made within
within 90
the
the permit is valid
valid for the remainder of the year.
year. There are 25 permits for harvest of which
which there
there are
are no
no trawl
trawl permits;
permits;
(B) Blue
Blue shark
shark (Prionace
(Pr/onace glauca)
glauca) fishery
fishery has
has aa qualifying
qualifying and
and annual
annual renewal
renewal requirement
requirement of
of either
either five
fivelandings
landings
(B)
consisting of at least 500 pounds each landing or one landing
consisting
landing consisting of at
at least
least 5000
5000 pounds.
pounds. There
There are
are 10
10 permits
permits
no high
high seas
seas drift
drift net
net permits
permits and
and no
no large
large mesh
mesh gill
gill net
net permits.
permits. No
No permit
permit isis needed
needed for
for
for harvest of which there are
are no
required;
hand lines or hand harvest. Experimental gear permits may be required;
hand
either five
five landings
landings
(C) Swordfish
Swordfish (Xiphias
(X/phias glad/us)
glad/us) fishery
qualifying and
and annual
annual renewal
renewal requirement
requirement of either
(C)
fishery has
has a qualifying
5000 pounds.
pounds. Permits are valid
valid for
consisting of at least 500 pounds each landing or one landing consisting of at least 5000
consisting
and
and renewal
renewal requirements
requirements are
are calculated
calculated from
from February
February 1 through
through January
January 31
31 of the
the following
following year.
year. There
There are
are 20
20
permits
permits for
for harvest by floating
floating longline
longline and
and 10 permits for harvest by other gear.
gear. Specially adapted
adapted drift/gill
drift/gill net may be
be
permitted.
Five single-delivery
single-delivery permits
permits will
will be
be issued
issued to
to those
those who
who applied
applied
permitted. Experimental gear permits may be required. Five
by
Developmental Fishery
Fishery Permit.
Permit. Gill
Gill net
net gear
gear must
must conform
conform to
to California
California gear
gear
by annual
annual filing
filing date, but did not receive a Developmental
restrictions;
(D)
Northern anchovy
anchovy (Engraulis
(Engraulis mordax)
mordax) and
Pacific herring
herring (Clupea
qualifying and
and annual
annual
(0) Northern
and Pacific
(Clupea pallasi)
pallasi) fishery
fishery has
has a qualifying
renewal
renewal requirement
requirement of either five
five landings
landings consisting
consisting of
of at
at least
least 500
500 pounds
pounds each
each landing
landing or one
one landing
landing consisting
consisting of
at
least 5000 pounds.
pounds. There
There are 15
15 permits
permits for
for ocean
ocean harvest.
harvest. Specially
Specially adapted
adapted small
small mesh
mesh drift/gill
drift/gill net
may be
at least
net may
permitted.
Experimental gear permits may be
permitted. No permit is needed for hand lines or hand harvest. Experimental
be required;
required;
(E)
(Sardinops sagax)
(E) Pacific sardine
sardine (Sardinops
sagax) fishery
fishery has
has a qualifying
qualifying requirement
requirement of
of either
either five
five landings
landings consisting
consisting of
of at
at least
least
500 pounds
500
pounds each
each landing
landing or
or one
one landing
landing consisting
consisting of
of at
at least
least 5000
5000 pounds.
pounds. Annual
Annual renewal
renewal requirements
requirements are
are five
five
ex-vessel price.
landings
80,000 pounds
pounds or landings
landings totaling
landings totaling
totaling at
at least 80,000
totaling at
at least $25,000,
$25,000, based
based on
on ex-vessel
price. There
There are
are 20
20
permits
be permitted.
permitted. Experimental
Experimental gear
gear permits
permits
permits for ocean harvest.
harvest. Specially
Specially adapted
adapted small
small mesh
mesh driftlgill
drift/gill net
net may
may be
the
may be required.
required. This rule
rule incorporates,
incorporates, by
by reference,
reference, the sardine
sardine management
management measures
measures for 2004
2004 included
included in the
may
extent they
they are
are
Pacific Council
Decisions for
the November
November 2003
Pacific
Council List
List of Decisions
for the
2003 PFMG
PFMC meeting,
meeting,and
and inin addition
addition to
to the
the extent
Federal Regulations,
Regulations, Title
50 Part
Part 660,
660, as
as amended
amended to
to incorporate
incorporate the
the
consistent
consistentwith
withthese
theserules,
rules,Code
Code of
of Federal
Title 50
standards
persons must
must consult
consult the
the Federal
Federal Regulations
standards recommendations
recommendationsofofthe
the Pacific
Pacific Council.
Council. Therefore,
Therefoe, persons
Regulations in
in
addition
to this rule
Where regulations
refer to
to the
addition to
rule to
to determine
determine all
all applicable
applicable sardine
sardine fishing
fishing requirements.
requirements. Where
regulations refer
the fishery
nautical miles from
from shore coterminous with the Exclusive
management area,
area, that area is extended from shore to three nautical
be obtained
obtained by
by contacting
contacting
Economic Zone.
of the
the Pacific
Pacific Council
Council decisions
decisions and
and the
the Federal
Federal Regulations
Regulations may
may be
Economic
Zone. A copy of
the
.
the Fish
Fish Division at (503) 947-6200;
(b) IN
INVERTEBRATES
VERTEBRATES
and annual
annual renewal
renewal requirement
requirement of
of five
five landings
landings
(A)
crab (Lopho/ithodes
(Lopho/ithodes foraminatus)
foraminatus) fishery
qualifying and
(A) Box crab
fishery has a qualifying
consisting of at least 100
100 pounds each landing. There are 25 permits for harvest with pots
pots only;
(B) Grooved
Grooved tanner crab
crab (Chionoecetes
(Ch/onoecetes tanneri),
tannen), Oregon
Oregon hair
hair crab
crab (Para/omis
(Paralom/s mul/tspina)
mulltsplna) and
and scarlet
scarlet king
king crab
crab
(B)
qualifying and annual
annual renewal
renewal requirement
requirement of five landings
landings consisting
consisting of at
at least
least 100
100
(Lithodes couesl)
(Lithodes
couesi) fishery
fishery has a qualifying
pounds each landing. There are 10 permits for harvest with pots only;
only;
(C) Spot prawn
prawn (Panda/us.platyceros)
(Pandalus platyceras) fishery
qualifying and
and annual
annual renewal
renewal requirement
requirement of five
five landings
landings
(C)
fishery has
has a qualifying
100 pounds
pounds (round
(round weight)
weight) each
each landing
landing or
or one
one landing
landing consisting
consisting of
of at
at least
least 1000
1000 pounds.
pounds. After
After
consisting of at least 100
be issued
issued and
and trawl
trawl permits
permits may
maybe
berenewed
renewed as
aspot
potpermits.
permits.After
After2003,
2003,
2002, new permits
permits for trawl
trawl gear
gear will
will not
not be
2002,
pot gear
gear only;
only; no
no new
new permits
permits will
will be
be issued
issued until
until the
the number
number of
of permits
permits issued
issued is
is below
below 10,
10,
permits will
permits
will be issued for pot
after which
which there
there may
may continue
continue to
to be
be 10
10permits.
permits. Permits
Permits are
arearea
areaspecific.
specific. Experimental
Experimental gear
gear permits
permits may
may be
be
after
required. Permits are issued
issued geographically,
geographically, split at
at Heceta
Heceta Head
Head with
with 50
50 percent
percent issued
issued north
north and
and 50
50percent
percentissued
issued
required.
until after the
the date of
of the lottery;
lottery;
south of Heceta Head, until
(0) Coonstripe
(D)
Coonstripe shrimp
shrimp (Panda/us
(Pandalus danae)
danae) and sidestripe
sidestripe shrimp
shrimp (Pandalopsis
(Panda/opsis dispar)
dlspar) fishery
fishery has
has aa qualifying
qualifying and
and
annual renewal
renewal requirement
requirement of five landings
landings consisting
(round weight)
annual
consisting of at least 100 pounds
pounds (round
weight) each
each landing.
landing. There
There are
are
10
pot gear;
gear;
10 permits for harvest by pot
[(EO) gay clams including cockle clams (C#Recardildm RldtfalNi), butter clams (SaxideRlds gigaR/elds), gaper clafflS
(Treslds capas, Rldtfa!iii), naV-ve littleneck clams (Prefefhaca sfamines), and seftshell clams (M}'a areRaria) fishery has
ne qualifying and annual renewal requirements fer intertidal hand harvest, an unlimited number ef permits, and a $25
permit fee. There are 11 permits (individual er vessel) fer subtidal dive harvest, effective March 1g, 1997 December
31, 1997, and 10 permits thereafter fer statewide harvest and five permits fer harvest seuth ef Heceta Head. Qualifying
requirements are either five landings consisting ef at least 200 peunds each landing er an annualtetal ef 2500 peunds
fer ene calendar year during the qualifying peried ef January 1, 1990 through Octeber 16,U 1995. Annual renm'lal
requirements are either five landings consisting ef at least 100 peunds each landing er an annual total ef 2500 POHflE!;r.
flflJMfliEW&M1Jfl]lIS*$IflP*(fâflUiJVPJC$M*S]WI5 !LIJJMtiL111fl!1
a
.!S(LtIAJUd
incidental catch
catch of
gaper clam
clam per eight butter clams,
pounds of
100 pounds
pounds of
of buttec
butter
of gaper
gaper clams
clams per 100
An incidental
of one
ono gapor
clams, or 25 pounds
clams,
the greatergaper
gaper clam
clam incidental
incidental catch,
catch, isis allowed
alloy/ed during
during the
the closed-season
closed season notwithstanding
notwithstanding
clams, whichever
whichever allows
allows tho-géator
OAR 635
635 005 0020;]
(§
[fB] Giant
Giantectopus
octopus (Octopus
(Octopus dofleini)
doffeini) fishery
fishery has
has aa qualifying
qualifying and
and annual
annuai renewal
renewal requirement
requirement of
of five
five landings
landings
() [(F-)]
pounds each
each landing.
landing. There are 10
10 permits
permits for
for harvest
harvest using
using octopus
octopus pets
pots only;
only;
consisting of at least
least 100 pounds
(F)
Marine snails
snails (various
(various species)
species) fishery
fishery has
has aa qualifying
qualifying and
and annual
annuai renewal
renewal requirement
requirement of
of five
five landings
landings
[(C)] Marine
(f) [(G)]
100 pounds
pounds each
each landing.
landing. There are 10
10 permits
permits for
for subtidal
subtidal harvest
harvest only;
only;
consisting of at least 100
(Q) [(14)]
[(M)] Flat
3,000 pound
pound annual
annual quota
quotalimit,
limit,an
an
(G)
Flatabaione
abalone (Haliotis
(Hal/otis wa/al/ensis)
wala/Iensis) fishery
fishery has
has aa single
single permit authorized, aa 3,000
annual
10 landings
landings of
of at
at least
ieast 20
20 pounds
pounds each
each landing,
landing, aa 4-1/2
4-1/2 inch
inch minimum
minimum size,
size, year-round
year-round
annual renewal
renewal requirement of 10
abalone iron,
iron, and
and such
such additional
additional permit
permit conditions
conditions as
as the
the Director
Director
season,
from nenintertidal
nonintertidai areas
areas with
with an abalone
season, taken
taken from
635-006-870 and OAR
OAR 635-006-0880.
635-006-0880.
deems appropriate as required by
by OAR
OAR 635-006-870
Fisheries Species
Species List,
List, Category
Category "B,"
"B," is
is as
as follows:
follows:
(2) The Developmental Fisheries
(a) FISH
(Lamna ditropis);
ditropis);
(A)
(A) Salmon shark (Larnna
(B)
(B) Carp
Carp (Gyprinus
(Cyprinus carpio);
(C)
deani);
(C) Black hagfish (Eptatretus deani);
(D) Yellow perch (Perca f/avescens);
ffavescens);
(E)
(E) Eelpouts
Eelpouts (family Zoarcidae);
(F) Brown
Brown bullhead
bullhead (Ameiurus nebulosus);
nebu/osus);
(F)
(G)
(G) Skilfish
Skilfish (Erilepis zonifer);
(H) Northern squawfish (Ptychochellus
(Pfychochei/us oregonensis);
ore gonensis);
(I)
(G%/abis saira);
(I) Pacific saury (Co/olab/s
(J) Pacific sandfish (Trichodon
trichodon);
(Trichodon trichodon);
(K) Eulachon (Tha/eichthys
(K)
(Tha/eichthys pacificus), whitebait
whitebait smelt
smelt (Allosmerus
(AI/osmerus a/on
e/ongatus),
gatus), night
night smelt
smelt (Spirinchus
(Spirinchus starks/),
starksl) ,Iongfin
longfin
smelt (Spirinchus thaleichthys)
tha/eichthys) and surf smelt (Hypomesus pretiosus);
pretiosus);
(l)
(Bramajaponica);
(L) Pacific
Pacific pomfret (Bramajaponica);
(M) Slender sole (Eopsetta
(Eopsetta exilis).
exi/is).
(b)
(b) INVERTEBRATES
(Emerita ana/oga);
ana/oga);
(A) Pacific sand crab (Emerita
(B) Freshwater mussels (families Margaritifera,
Margaritifera, Anodonta, Gonidea, and
and Corbicula);
Corbicula);
(Glinocardium nuttalli/);
nuttallil);
(C) Ocean cockle clams (Clinocardium
(D)
(Loligo opa/escens)
(D) California market squid (Lo//go
opalescens) and
and other squid
squid (several
(several species);
(AI/ocentrotus frag//is);
fragilis);
(E) Fragile urchin (A//ocentrotus
(F)
(F) Sea
Sea cucumber (Parastichopus spp.).
(3)
(3) The
The Developmental Fisheries Species List, Category "C," is as follows:
(a) FISH
(A)
(A) Spiny dogfish (Squa/us
(Squalus acanthias);
(B)
(Ga/eorhinus zyopterus);
(B) Soupfin
Soupfin shark (Galeorhinus
zyoptsrus);
(C) Skate (family Rajidae);
(D) American shad (A/osa sapidissima);
(E) Pacific cod (Gadus macrocephalus);
micro/epis);
(F) Pacific flatnose (Antimora micro/epis);
greri-a dicr:Go'yph&eno/des acro-!episj;vvv
(G)P<3cific
:(Q)
-Pa cifis gren<3dier(cCQrypbaenoides.acIo/epis);
(H) Jack mackerel (Trachurus symmetricus);
(I) Chub
Chub (Pacific) mackerel (Scomber
(I)
japonicus);
(Scomberjaponicus);
(J) Greenstriped
Greenstriped rockfish (Sebastes e/ongatus);
(J)
a/on gatus);
(K) Redstripe
Redstripe rockfish (Sebastes
(K)
(Sebastes pror/ger);
proriger);
(L)
rockfish (Sebastesjordani);
(l) Shortbelly
Shortbelly rockfish
(M) Sharpchin rockfish (Sebastes
(M)
(Sebastes zacentrus);
(N) Splitnose rockfish (Sebastes diploproa);
dip/oproa);
(0)
(0) Pacific
Pacific sanddab
sanddab (Githarichthys
(Citharichthys sordidus);
(P/euronectes isolepis);
iso/epis);
(P) Butter sole (Pleuronectes
sale (P/euronectes vetulus);
vetu/us);
(Q) English sole
(R) Rex sole (Errex zechirus);
(5)
(S) Rock
Rock sole
sole (Pleuronectes
(P/euronectes bi/ineatus);
bilineatus);
(T) Sand sole (Psettichthys
(Psettichthys me/anostictus);
(U) Curlfin (lemon) sole (P/euronichthys
(P/euronichthys decurrens;
decurrens);
(V) Spotted raffish
ratfish (Hydro/a
gus colliel);
(Hydro/agus
co/I/el);
(W) Wolf-eel (Anarrhichthys
(Anarrhichthys ocel/atus);
oce//atus);
(X) Walleye pollock (Theragra chalcogramma).
cha/cogramma).
-
-
-:
-
(b) INVERTEBRATES
crab (Cancer
(Cancer productus);
productus);
(A) Red rock crab
urchins (Strongylocentrotus
(Strongylocentrotus purpuratus);
purpuratus);
(B) Purple sea urchins
(Pacifastacus Ieniusculus).
lenlusculus).
(C) Crayfish (Pacifastacus
Sta!.
Stat. Auth.:
Auth.: ORS 506.109 and 506.119
Stats. Implemented: ORS
ORS 506.129, 506.450, 506.455, 506.460, and
and 506.465
506.465
His!.:
Hist.:
635-006-0910
for Issuance,
Issuance, Transfer
Transfer and
and Renewal
Renewal of Developmental
Developmental Fisheries
Fisheries Species
Species Permits
Permits
Procedures for
(1) Applications:
An applicant for aa permit
permit must
submit aa complete
complete application
application in
in writing
writing accompanied
accompanied by an annual
annual fee
fee of
of $75.
$75.
(a)
mustsubmit
(a) An
[m<eept
for bay clams which is $25.] TheThe
application
shall
include
thethe
species
ofof
fish
[eeep4_for_bay_e1acns_wIri4eh4s_$26.]
application
shall
include
species
fishtotobebetaken,
taken,the
themethod
method and
and gear
the area
area from
from which
which the
the Developmental
Developmental Fisheries
Fisheries Species
Species are
are to be
be taken,
taken, the
the vessel
vessel
proposed
used, and
and the
proposed to
to be used,
other information
information as
as the
the Department
Department may
may require;
require;
operator, and other
received postmarked
postmarked or date-stamped
(b)
complete applications
applications must be received
(b) Except as listed below, complete
date-stamped by
by January
January 1 of the
to the
the developmental
developmental fishery
fishery list
in OAR
OAR 635-006-0850,
635-006-0850, and
year
for new
new species
species added
added to
year of issue for
list in
and thereafter
thereafter by
by the
the
annual
of February
February 11 of
of the
the year
year of
of issue.
issue.
annual filing date of
January11of
ofthe
theyear
yearof
ofissue;
issue; and
and
(A) Applications for box crab permits must be
be postmarked
postmarked or date-stamped
date-stamped by
b January
(B) Applications for new
new hagfish
hagfish permits
permits will
will be
be accepted
accepted on
on aa first-come,
first-come, first-serve
first-serve basis.
basis.
application shall
shall be
be considered
considered complete
complete ifif it is
legible, has
has all information
information requested
requested on
the form,
form, and is
is
(c)
(c) An application
is legible,
on the
accompanied
in full.
full. Any
Any application
application which
which is not
not complete
complete shall
shall be
be returned
returned and,
and, unless
unless itit is
accompanied by
by the
the required
required fee
fee in
thereafter resubmitted
resubmitted and
and deemed
deemed complete
complete by
by the
the filing
filing date,
date, the
the individual
individual shall
shall not
not be
be considered
considered to
to have
have applied
applied
thereafter
in
in a timely manner;
an applicant
applicant must
must first
firsthave
have obtained
obtained the
theappropriate
appropriate vessel
vessel license
license (or
(orindividual
individual
(d)
for aa permit,
permit, an
(d) Before applying for
is issued
issued to
to individual)
individual) for
for the
the year
year the
the permit
permit will
will be
be issued.
issued.
license if permit is
is provided
provided by
by ODFW.
ODFW. The
The
(e)
Applications for new hagfish
hagfish permits
permits must include
include a business
business plan.
plan. The plan
plan format
format is
(e) Applications
not limited
limited to,
to, aa description
description of
of vessels
vessels and
and gear
gear currently
currently owned
owned or
or expected
expected to
to
business
include, but
but is not
business plan
plan may include,
purchase, identification of
of the
the market,
market, and
and aa letter
letter of
of intent
intent to
to buy
buy from
from aaprocessor.
processor.
three work
(f)
designated in
(f) The vessel operator designated
in subsection
subsection (a)
(a) above
above may
may change
change up
up to
to twice
twice aa year,
year, with
with at least three
days' notice by the permit holder
holder to ODFW, Newport office.
(2) Number of permits allowed:
shall not
not submit
submit more
more than
than one
one application,
application, per
per vessel (or
(or per
per person
person for
for individual
individual permits),
permits), for
for each
each
(a) An individual shall
developmental fishery species
species gear
gear category;
category;
(b) A permit
permit holder
holder who
who holds
holds aa valid
valid developmental
developmental fisheries
fisheries permit
permit may
may not
not apply
apply for
for any
any additional
additional permits
permits for
for the
the
an individual
individual permit)
permit) and
and species
species gear
gear category
category unless the
the Department
Department proposes
proposes to deny
deny
same
vessel (or person
person for an
same vessel
that permit;
awarded another
another
permit holder
holder who
who holds
holds aa permit
permit at
at issue
issue either
either before
before the
the Commission
Commission or
or aa court
court of
oflaw,
law, isisawarded
(c) If aa permit
permit for the same
same species
species gear
gear category
category through
through the lottery
lottery and theteafter
thereafter prevails
prevails before
before the Commission
Commission or
permit
or in
court,
holder shall
shall immediately
immediately surrender
surrender one
one of
of the
the permits
permits to
to any
any Department
Department office,
office, so
so that
that only
only one
one valid
valid
court, the permit holder
is held.
held.
permit per species
species gear
gear category
category is
(3) Issuance of permits:
'If the number of applications
applications received
new hagfish
hagfish permits, if
(a) Except for new
received by
by the
the filing
filing date
date is
is less
less than
than the
the number
number of
of
submitted complete
permits available, all applicants who have submitted
complete applications
applications shall
shall be
be issued
issued a permit within
within 14 days of
the filing date.
be issued
issued on
on aa first-come,
first-come, first-served
first-served basis,
receipt of each
each
(A)
remaining permits
permits shall
(A) Any remaining
shall be
basis, within
within 14
14 days
days of receipt
issued. Priority shall be
be based
based on
on postmark
postmark or
or datedatecompleted
maximum number
permits is issued.
completed application,
application, until
until the
the maximum
number of permits
stamped date;
of applicants
applicants who did
did not
not receive
receive aa permit
permit shall
shall be
be placed
placed on
on an
an alternates
alternates list,
list, in
in the
the order
order they
they are
are
names of
(B) The names
berefunded
refunded
received, untii
until the
the next
next annual
annual filing
filing date.
date. Applicants
Applicants whose
whose names
names are
are placed
placed on
on the
the alternates
alternates list
listshall
shall be
received,
their permit fee minus a $10 application
application fee.
fee. Permits
Permits which
which become
become available
available before
before the
the end
end of
of the
the year
year shall
shall be
be made
made
in the
the order
order listed.
listed. The
The applicant
applicant shall
shall be notified
notified of an
an available
available permit
permit and
and shall
shall
available
the alternates
alternates list,
list, in
available to
to the
is mailed. The permit
permit shall be
be
resubmit a complete application and permit fee within 30 days of the date the notification is
issued within 14
14 days
days of
of receipt
receipt of
of the
the resubmitted
resubmitted application
application and fee. If an alternate
alternate fails to
to apply,
apply, he
he shall
shall forfeit
forfeit the
the
permit and the permit shall then be made available to
to the next name on
on the
the alternates
alternates list.
list.
is greater
greater than
than the
the number
number
(b)
new hagfish
hagfish permits,
permits, ifif the
the number of
of applications
applications received
received by the filing date is
(b) Except for new
of permits available,
available, the Department
Department shall
how many
shall determine
determine first
first how
many applications
applications there
there are
are with
with preference
preference points
points as
as
accrued under OAR 635-006-0915,
except for
for new species
OAR 635635accrued
635-006-0915, except
species that have qualification restrictions
restrictions set forth
forth in OAR
006-0850. Evidence of landings must be supplied by the applicant and
and submitted
submitted with
with the
the application.
application.
(A)
these applicants
applicants does not exceed
exceed the number of permits,
permits, they shall
shall be given
given all
all available
available permits
permits
(A) If the number of these
in a lottery;
and
and any remaining applicants shall be placed in
(8)
applicants who have
have preference
preference points exceeds the number
number of
of permits,
permits, then
then these
these applicants
applicants only
only
(B) If the number of applicants
shall be placed
placed in
in aa lottery,
lottery, and
and -grouped
grouped by
by the
the number
number of preference
preference points
points they have accrued
accrued for each species gear
shall
category. Applicants
preference points
points for each species gear category will
will be drawn
drawn first.
category.
Applicants with
with the
the highest number of preference
permit
Applicants
preference points
Applicants having
having the highest number of preference
points per
per species
species gear
gear category
category will
will be
be drawn
drawn next.
next. This
This permit
all the
the available
available permits
permits have
have
issuance process
process will continue
continue through
through descending
descending numbers
numbers of preference points until all
issuance
preference points
been issued, unless all qualified applicants with preference
points have been
been issued
issued permits
permits prior to
to that
that point.
point. Permits
Permits
14 days
days of
of the lottery;
lottery;
shall be issued within 14
remaining applicants (who do not have
have preference
preference points) shall be
be placed
placed in
in aa lottery
lottery and
and their
their names
names
(C) In addition, remaining
shall be drawn;
an alternates
alternates list,
list, in
in which
which applicants
applicants who
who have
have preference
preference points
points are
arelisted
listed first
first
Department then
then shall
shall prepare
prepare an
(D) The Department
(in
order drawn),
drawn), and
and thereafter
thereafter remaining
remaining applicants
applicants are
are listed,
listed, in
order in
in which
which they
they were
were drawn.
drawn. All
All
in the order
(in the order
applicants
application
applicants whose
whose names
names are
are placed
placed on
on the
the alternates
alternates list
list shall
shall be
be refunded
refunded their
their permit
permit fee
fee minus
minus a $10 application
alternates list.
fee. Any permits available
available before
before the
shall be made available
available to
fee.
the end
end of the year shall
to the first name on the alternates
list.
be notified
notified of
of an
an available
available permit
permit and
and shall
shall resubmit
resubmit aa complete
complete application
application and
and permit
permitfee
fee within
within 30
30
shall be
The applicant shall
is mailed.
mailed. The
The permit
permit shall
shall be
be issued
issued within
within 14
14 days
days ofofreceipt
receipt ofofthe
theresubmitted
resubmitted
days of
of the
the date
date the
the notification
notification is
days
application and fee. IfIf an
an alternate
alternate fails
fails to
to apply
apply for
for the
the lottery
lottery permit
permit within
within 30
30 days,
days, he
he shall
shall forfeit
forfeit such
such permit
permitand
and the
the
name on the alternates list.
list.
permit shall
shall then be made available to the next name
holder voluntarily
voluntarily turning
turning in
in aa permit.
permit.
(c) Permits may be made available before the end of the year by a permit holder
Developmental Fishery
Fishery Board
Board shaD
shall evaluate
(d) A subcommittee of the Developmental
evaluate the
the business
business plans
plans submitted
submitted by hagfish
hagfish fishery
is likely
likely to
to actively
actively prosecute
prosecute the
the fishery.
fishery. IfIf more
applicants to determine ifif the applicant
applicant is
more applicants
applicants submit acceptable
business
there are
are available
available new
new permits,
permits, then
then the
the available
available permits
permits will
will be
be distributed
distributed as
as otherwise
otherwise
business plans
plans than
than there
(3)(a) and (b) of
of this rule.
rule.
specified in subsections (3)(a)
to whom
whom permits
permits are
issued: Permits
Permits shall
an individual
individual person
assigned to
(4) Persons
Persons to
(4)
are issued:
shall be
be issued
issued to
to an
person or
or entity
entity and
and assigned
to a
vessel,
hand harvest methods
methods are
vessel, except when hand
are used.
used. The permit holder is the owner or controller of the vessel or the
hand harvest methods are
are used.
used.
individual person when hand
(5) Transfer of permits:
permits: Permits
Permits for Developmental
Developmental Fisheries
Fisheries Species are not
not transferable
transferable to
to another
another person
person or
or entity;
entity;
leased and
controlled by the permit
provided
provided however
however that
that permits
permits may
may be
be reassigned
reassigned to
to another
another vessel
vessel owned
owned or
or leased
and controlled
holder up to two times annually.
annually.
the event of the
the death
death of
of aa permit
permit holder,
holder, the
the permit
permit of
of the
the deceased
deceased may
may be
be issued
issued to
to an
an immediate
immediate family
(a)
(a) In
In the
635 c 006-0810. Permit transfer shall
member as
as defined
defined by OAR 635-006-0810.
shall require
require a copy of the death certificate and the original
requested by the family member
member to the
the deceased
deceased which
which shall
shall be
be presumed
presumed by
by possession
possession of
of the
the
permit,
permit, and
and must be requested
permit and death certificate.
(b) To reassign the vessel on a permit, a permit holder shall
shall first apply on a form provided by the Department and
and shall
shall
fee;
include a $25 fee;
is not the registered
registered owner
being reassigned,
(c)
holder is
(c) If the permit holder
owner of
of the
the vessel
vessel to
to which
which aa permit
permit is
is being
reassigned, aa copy
copy of
of aa
signed lease
lease agreement
agreement with
vessel must accompany
accompany the
The lease
lease agreement
agreement must
must
signed
with the
the owner
owner of the vessel
the application.
application. The
be in
in control of
of the
the daily
daily activities
activities of
of the
the vessel
vessel during
during the
the time
time of
ofthe
the lease.
lease.
holder will
will be
show the permit holder
effective until
permit holder
holder has
has received
received approval
approval from
from the
the Department
Department and
and an
an
(d)
reassignment shall
(d) No reassignment
haII be
be effective
until the permit
updated permit.
(e)
is reassigned
reassigned to
to aa vessel
vessel under
under the
the ownership
ownership of other
other than
than the
the permit
permit holder,
holder, the permit
permit holder
holder or
(e) IfIf aa permit
permit is
activitiesiinder the:permit. • ·.··
designate d v-aset opr-tcr-mus-t be board:the vesseL durEng harvest activitiesunderthepermit.•
eJesigmJl<'dve§sel.oper"tor·.must.beaboardJhevesseLduringharvest
(6) Renewal of permits:
of the appropriate
appropriate fee
fee and
and aa complete
complete application
application datedate(a)
(a) Permits may be renewed by submission, to the Department, of
except renewal applications for box
stamped or postmarked before January 1 of the year for which renewal is sought, except
crab permits must be
be postmarked
postmarked or
or date-stamped
date-stamped before
before December
December 11 of
of the
the year
year prior
prior to
to which
which renewal
renewal isis sought;
sought;
complete if it is legible and
(b) An application for renewal shall be considered complete
and has all information requested
requested on the
the form
form
.returned, and
and is accompanied
accompanied by the
and
the required
required fee
fee in
in full.
full. Any
Any application
application which
which isis not
not complete
complete shall
shallbe
bereturned,
and unless
unless itit is
is
thereafter
thereafter resubmitted
resubmitted and
and deemed
deemed complete
complete before
beforethe
the deadline
deadlinelisted
listed inin (6)(a)
(6)(a) above,
above, the
the individual
individual shall
shall not
not be
be
have applied
applied for renewal
renewal in
in aa timely
timely manner;
manner;
considered to have
is the
the responsibility
responsibility of
of the
the permit
permit holder
holder to
to ensure
ensure an
an application
application is
is complete
complete and
and is
is filed
filed in
in aatimely
timelymanner.
manner.
(c) ItIt is
(c)
return an
an application
application for
incompleteness or
an individual
individual to
to receive
receive a
a returned
returned
Failure
the Department
Department to
Failure of
of the
to return
for incompleteness
or of
of an
-application
shall not
not be
be grounds
grounds for
for treating
treating the
the application
apphcation as
as having
having been
been filed
filed in
in aa timely
timely and
and complete
complete manner;
manner;
application shall
and complete filing
permit, a permit holder must annually lawfully land the required
required
(d)
(d) In
In addition
addition to
to timely and
filing to renew a permit,
in OAR 635-006-0850.
635-006-0850. However,
However, if a permit
permitholder
holderobtained
obtained aapermit
permitlater
laterthan
than July
pounds and/or landings listed
listed in
pounds
July 11
berequired
required to
to make
make the
theannual
annual landing
landing requirement
requirement by
by the
the following
following
prior year,
year, the permit
permitholder
holdershall
shall not
notbe
of the prior
be required
required to
to demonstrate
demonstrate the
the annual
annual landing
landing
January. Instead, at the next
next renewal
renewal thereafter, the
the permit
permit holder
holder shall
shall be
in which
which the
the permit
permit was
was held.
held.
year in
requirement was fulfilled during the first full year
vessel can
qualification to
category
Landings made by one vessel
(e) Landings
can not be used for qualification
to renew more than
than one permit per permit category
in
in any given
given year.
-
-
(f) In
In addition to the above landing requirements,
requirements, logbooks
logbooks required
635-006-0890 must be turned
turned into an
required under OAR 635-006-0890
ODFW
deadline for renewal of
of a permit.
permit.
ODFW office by the application deadline
(7)
authorized to issue
issue
(7) Authority of Director: Consistent with OAR 635-006-0810 through 635-006-0950, the Director is authorized
Developmental Fisheries Permits under
under the authority of ORS
ORS 506.460.
Stat. Auth.: ORS 506.109, 506.119
506.119
Stats.lmplemented:
ORS 506.129,
506.129, 506.450
506.450
Stats.lmplemented: ORS
Hist.:
Restricted
Permit) Participation Systems
Systems
Restricted [Vessel
Ivessel-Permiti
635-006-1010
Definitions
For the
635-006-1015 through
through 635-006-1
635-006-121
0:
the purpose of OAR 635-006-1015
210:
(1) "Bay
clam dive fishery"
fishery" shall
shall mean
mean the
the commercial
commercial fishery
bay clams
clams (including:
(including: cockle
cockle clams,
clams,
"Bay clam
fishery for bay
(1)
Ciinocardium nuttalli/:
nuttailli; butter
Clinocard/um
butter clams,
clams, Saxidonus
Sax/don us giganteus;
q/qanteus; gaper
gaper clams,
clams, Tresus
Tresus capas,
capas, nutta/Ili:
nuttalli/; native
native
littleneck clams,
clams, Protothaca
Protothaca stamines;
stam/nes; and
and softshell
softshell clams,
clams, Mya
Mya arenaria)
arenar/a) from
from subtidal
subtidal areas
areas in
in Oregon
Oregon
littleneck
using dive
dive gear.
gear.
estuaries using
(g) [(1-)]
[('1-)] "Black
commercial fishery
rockfish, blue
blue
(2)
"Black rockfish!
rockfish I blue
blue rockfish!
rockfish I nearshore
nearshore fishery"
fishery" shall
shall mean
mean the
the commercial
fishery for
for black rockfish,
rockfish and nearshore fish.
rockfish
(3) [(a)]
[(2)] "Brine
"Brine shrimp fishery" shall mean the commercial fishery for adult
(;J,)
adult Artemia
Artemia spp.
spp. from
from Lake
Lake Abert
Abert (Lake
(Lake County).
County).
(~)
[(J)] "Completion"
"Completion" of
vessel for the
the purposes
purposes of
of initial
initial eligibility
eligibility for
for an
an Oregon
Oregon ocean
ocean Dungeness
Dungeness crab
crab permit
permit
(4) [(2)]
of a vessel
pursuant to ORS 508.931
as:
508.931 is defined as:
(a)
(a) A
A date
date identified
identified in
in aa contract
contract document
document as
as the
the proposed
proposed or
or actual
actual date
date of
of completion;
completion; or
or
(b)
(b) The
The date an
an insurance
insurance policy was
was in
in effect
effect covering
covering the
the vessel
vessel for
for loss
loss or
or liability;
liability; or
or
(c)
(c) The
The date of inspection for certification by the U.S. Coast Guard; or
(d)
(d) Other written
written document
document acceptable
acceptable to
to the
the Department
Department that
that establishes
establishes the
the actual
actual date
date the
the vessel
vessel was
was completed
completed for
for
the purposes of
of entering the
the Oregon
Oregon ocean
ocean Dungeness
Dungeness crab
crab fishery.
fishery.
(§.)
December 11 of
of one
one year
year through
through August
August 14
14 of
of the
the next
next year.
year.
(5) [(4)]
[(4)] "Crab
"Crab fishing season" is the period from December
(§.)
(6) [(e)]
[(5)] "Length"
"Length" or
or "Overall
"Overall Length"
Length" of
of aa vessel
vessel means
means the
the manufacturer's
manufacturer's specification
specification of
of overall
overall length,
length, United
United States
States
Coast
registered length
overall length as surveyed by a
Coast Guard
Guard or Marine Board registered
length documentation
documentation stating
stating overall length or overall
certified
In determining
in a straight line parallel
parallel to the
certified marine surveyor.
surveyor. In
determining overall
overall length,
length, marine
marine surveyors shall
shall measure in
keel
keel from
from the foremost
foremost part of the vessel
vessel to the aftermost
aftermost part,
part, excluding
excluding sheer and excluding
excluding bow sprits,
sprits, boomkins,
boomkins,
rudders
the transom,
transom, outboard
outboard motor
platform. For
rudders aft
aft of the
motor brackets,
brackets, or
or transom
transom extensions
extensionsas
asinin aa dive
dive step
step or
or platform.
For the
the
purpose
initial ocean
ocean Dungeness
Dungeness crab
is overall
overall length
length of the
the vessel
vessel on
on
purpose of
of initial
crab permit
permit issuance,
issuance,length
lengthof
of the
the vessel
vessel is
September 9,
9, 1995.
1995.
September
(Z)
[(6)] "Ocean
"Ocean Dungeness
Dungeness crab
crab fishery"
fishery" for
for the
the purposes
purposes of
of ORS
ORS 508.926,
508,926, means
means all
all fishing
fishing for
for Dungeness
Dungeness crab
crab in
in
(1) [(6)]
Oregon
Oregon waters
waters of the
the Columbia
Columbia River and
and all
all other
other ocean
ocean water
water seaward
seaward of
of Oregon's
Oregon's coastline
coastline and
and river
river mouths.
mouths.
(§.)
[(+)]"Owner"
"Owner"isisany
anyownership
ownershipinterest
interestinina avessel,
vessel,including
includinginterests
interestsarising
arisingfrom
frompartnerships,
partnerships,corporations,
corporations,
(8) [()]
limited
liability partnerships.
partnerships. Owner
Owner does
does not
include aaleasehold
leasehold interest.
interest.
limited liability corporations, or limited liability
not include
(~)
[(g)J "Replacement
"Replacement vessel"
lost due
due to fire,
(9) [(8)]
vessel" isis aa vessel
vessel purchased
purchased to
to replace
replace aa permitted
permitted vessel
vessel which
which has
has been
been lost
capsizing, sinking or other event.
event. For
For the
the ocean
ocean Dungeness
Dungeness crab
crab fishery, aa replacement
replacement vessel
vessel shall
shall be
be no
no more
more .than
,than
capsizing,
10
10 feet
feet greater than
than the vessel which itit replaces.
(10)
"Sea urchin
urchin fishery"
fishery" shall mean
mean the commercial
commercial fishing
fishing for Strongylocentrotus
Sfrongylocentrotus franciscanus,
franc!scanus, S.
S. purpuratus,
purpuratus,
(10) [(9)]
[(0)] "Sea
and S.
S. droebachiensis.
(11)
[(WI] "Under
"Under construction"
construction" for
purposes of
initial eligibility
eligibility for
an Oregon
Oregon ocean
ocean Dungeness
Dungeness crab
crab permit
permit
(11) [(14)]
for the
the purposes
of initial
for an
pursuant
ORS 508.931,
between December
signed and
and
pursuant to
to ORS
508.931, means
means that
that between
December 1,1988,
1, 1958, and
and August
August 14,1991,
14, 1991, a contract was
was signed
earnest
10% of the value of the contract, or invoices
invoices have
have been
been paid
paid for
for 10%
10% or
or more
more of
of
earnest money paid
paid equaling
equaling at least 10%
total construction
construction cost,
constructed vessel,
laying of the new
the total
cost, to produce a newly constructed
vessel, including,
including, but
but not
not limited
limited to,
to, the
the laying
keel.
vessel's keel.
(12)
[('1-'1-)] "Yaquina
"Yaquina Bay Roe-herring
Roe-herring fishery"
fishery" shall
shall mean
mean the
the commercial
commercial net
net fishery
fishery for
for Pacific
Pacific herring
herring (Clupea
(Clupea
(12) [(14)]
between January 1 and April
April 15
15 in
in Yaqu-ina
Yaquina Bay pursuant to OAR
OAR 635-004635-004harengus pallasi)
harengus
pallasf) which
which occurs annually between
0027.
(11)
[('1-J)]"Initial
"Initialeligibility
eligibility for
forvessels
vessels totoparticipate"
participate" for
for the
the purposes
purposes of
of application
application for
for an
an Ocean
Ocean Dungness
Dungness crab
crab
(j) [(4-2)]
permit
permit pursuant
pursuant to
to ORS
ORS 508.931
508.931 means
means eligibility
eligibilityofof aa vessel
vessel on
on which
which to
to make permit
permit application
application is
is confined
confined to
to
have never
never obtained
obtained an
an initial
initial permit.
permit.
vessels which have
506.119
Stat. Auth.: ORS 506.119
ORS 506.109,
506.109, 506.129,
506.129, and
and 508.921
508.921 through
throu9h 508.941;
508.941:
Stats. Implemented: ORS
H
Hist.:
1st.:
635-006-1015
Requirement
Requirement for
for Permit
(1)
(1) The following
following provide general requirements for permits:
(a) Gillnet
Gilinet salmon - see ORS 508.775;
(b) Troll
508.801 and 508.828;
Troll salmon - see ORS 508.801
(c)
(c) Shrimp - see ORS 508.880 and 508.883;
(d) Scallop - see ORS 508.840 and 508.843;
(e) Roe-herring:
unlawful for an
an individual
individual to operate
operate a vessel
vessel in
in the
the Yaquina
Yaquina Bay
Bay roe-herring
roe-herring fishery
fishery without
(A)
(A) It is unlawful
without first
first obtaining
obtaining aa
to OAR
OAR 635-006-1035
635-006-1035 through
through 635-006-1095;
635-006-1095;
issued pursuant
pursuant to
vessel permit issued
unlawful for aa wholesaler,
wholesaler, ëanner
canner or buyer to buy or receive
receive roe-herring
roe-herring taken in
in the
the Yaquina
Yaquina Bay
Bay roe-herring
roe-herring
(B)
(B) It is un/awful
(1 )(e) of
of this
this rule
rule has
has not
not been
been issued.
issued.
fishery from aa vessel
vessel for
for which
which the
the permit
permitrequired
required by
bysection
section (1
Urchin:
(f) Sea Urchin:
unlawful for an
an individual
individual to
to take
take or
or attempt
attempt to
to take
take sea
sea urchins
urchins for
for commercial
commercial purposes
purposes without
without first obtaining
obtaining
(A) It is unlawful
OAR 635-006-1035 through 635-006-1095;
a permit issued pursuant to OAR
unlawful for aa wholesaler,
wholesaler, canner,
canner, or buyer to buy or receive sea
sea urchins
urchins taken in
in the sea urchin
urchin fishery from
from aa
(B) It is unlawful
(1 )(f) of this rule has
has not
not been
been issued.
issued.
which the
the permit
permit required
required by
by section
section (1
person for which
Dungeness crab:
crab:
(g) Ocean DUngeness
unlawful for
for an
an individual
individual to
to operate
operate aa
provided under
under the
the reciprocity
reciprocity provisions
provisions of
of ORS
ORS 508.941(3),
508.941 (3), itit isis unlawful
(A) Except as provided
in the ocean
ocean Dungeness
Dungeness crab
crab fishery
fishery without
without first
first obtaining
obtaining aa vessel
vessel permit
permit issued
issued pursuant
pursuant to
to ORS
ORS 508.931
508.931 or
or
vessel ih
508.941. A
Dungeness crab
508.941.
A Dungeness
crab vessel
vessel permit
permit isis not
not required
required for
for vessels
vessels that
that are
are engaged
engaged solely
solely inin setting
setting gear
gear for
for aa
permitted vessel and which do
do not
not retrieve,
retrieve, retain or possess Dungeness crab.
crab.
the Commission
Commission establishes
establishes a vessel
vessel crab
crab pot
pot limitation
limitation or
or allocation
allocation system
system beyond
beyond the
the 2002-03
2002-03 ocean
ocean crab
crab
(B) IfIf the
is the control
control date
date for eligibility criteria related
related to past
past participation
participation in
in the ocean fishery.
14, 2001 is
season, August 14,
addition to certifying
certifying that the vessel
vessel is free of crab
crab on
on November
November 30
30 each
each year,
year, as
as required
required by OAR 635-005635-005(C) In addition
Oregon hold
hold inspection
inspection certification
certification form
maximum
and certify on the Oregon
0045(1), each vessel operator must declare and
form the maximum
in that season's
season's fishery before fishing.
fishing.
used in
number of pots that will be used
substituted for an ocean Dungeness
Dungeness crab permit. Once a vessel has obtained
(D)
(D) A single delivery license may not be substituted
an
ocean Dungeness
Dungeness crab
landed by
by the
the vessel
vessel using.a
using a combination
combination of
of an
an ocean
ocean
an ocean
crab permit,
permit, Dungeness
Dungeness crab
crab may
may be
belanded
commercial fishing
fishing and
license. However,
However, crab
Dungeness
single delivery
Dungeness crab
crab permit
permit and
and a single
delivery permit
permit in
in lieu
lieu of a commercial
and boat license.
crab
anyone
may not be landed more than twice in any
one crab season
season using single delivery permits.
(h)
(h) Developmental Fisheries: See ORS 506.450 through
through ORS 506.465 and OAR 635-006-0800 through 635-006-0950.
1, 2001
2001 is the control date to establish eligibility criteria
purpose of future limited
limited entry programs
(i)
(i) July 1,
criteria for the purpose
programs for
for the
the
commercial groundfish fishery.
U)
-- see ORS
Black rockfish
rockfishI/blue
bluerockfish
rockfishI /nearshore
nearshorefishery
fishery--see
ORS508.945.
508&4.
U) Black
(k) Brine Shrimp:
attempt to take brine shrimp
shrimp for commercial
(A)
(A) It is unlawful to take or attempt
commercial purposes
purposes without
without first
first obtaining
obtaining aa brine
brine shrimp
shrimp
to OAR
OAR635-006-1
635-006-1035
OAR 635-006-1095;
635-006-1095;
permit issued
issued pursuant
pursuantto
fishery permit
035 through OAR
(B) It is unlawful for a wholesaler, canner, or buyer to buy or receive brine
brine shrimp
shrimp taken
taken in
in the
the brine
brine shrimp
shrimp fishery from
(B)
permit required
required by
by this rule
rule has
has not
not been issued.
issued.
a person for which the permit
(1 )(k) of
of this
this rule.
rule.
(C) The Department may
may issue
issue no
no more
more than
than three
three permits
permits required
required by
bysection
section(1
H1Bayciam-dive fishery;::
(A) It is unlawful:
(i)
(i) To
To take
take or
or attempt
attempt to
to take
take bay
bay clams,
clams, using
using dive
dive gear,
gear, for
for commercial
commercial purposes
purposes from
from subtidal areas
areas in
in any
any
Oregon
Heceta Head
Oregon estuary
estuary North
North of Heceta
Headwithout
without first
first obtaining a coast-wide bay
bay clam
clam dive
dive fishery
fishery permit issued
pursuant to
toOAR
OAR635-006-1025
635-006-1025through
throughOAR
OAR635-006-1
635-006-1095;
pursuant
095;
take or attempt
attempt to take-bay
take bay clams,
clams, using
using dive gear,
gear, for commercial
commercial purposes
purposes from
(ii)
(ii) To
To take
from subtidal
subtidal areas
areas in
in
Oregon
Heceta Head
Oregon estuaries
estuaries south of l-ieceta
Headwithout
without first
first obtaining
obtaining either a coast-wide bay clam
clam dive
dive fishery
fishery permit
south-coast bay
bayclam
clamdive
divefishery
fisherypermit
permitissued
issuedpursuant
pursuant
OAR
635-006-1025
throughOAR
OAR 635-006635-006or aa south-coast
to to
OAR
635-006-1
025 through
1095;
(Ui) For
Foraawholesaler,
wholesaler,canner,
canner,or
orbuyer
buyer to
to buy
buy or
or receive
receive bay
bay clams
clams taken
taken in
in the
the bay
bay clam
clam dive
dive fishery
fishery from a
(iii)
not issued
issued aa permit
permit reguired
reguired by
by this
this rule.
rule.
vessel or person not
anyone
(iv) To take or attempt to take bay clams where
where more
more than
than two
two divers operating from any
one boat were in the
water at the same time.
by section
section (1)(l)(A)(i)
(1)(1){A){i) of this
this rule
rule
(B) The
(B)
The Department
Department may
may not issue more
more than
than ten
ten coast-wide permits reguired by
south-coast permits
permits reguired
reguired by
by (1)(I)(A)(ii)
(1 )(I){A){iil of this rule.
rule.
nor more than five south-coast
vessels, designated
Designation
(C) Permits
(C)
Permits may
may be
be issued
issued to
to individuals
individuals or to vessels,
designated at
at the
the beginning
beginning of
of the
the year.
year. Designation
during the
the year.
year.
may not change during
and not
not in
in lieu
lieu of
of the
the commercial
commercial fishing
fishing and
and boat
boat
(2) The permits required by section (1) of this rule are in addition to and
license required by ORS 508.235 and Q
ORS 508.260.
(3) No vessel may
may hold
hold more
more than
than one
one vessel
vessel permit
permit for
for aa given
given fishery
fishery at
at any
anyone
one time.
time.
(~)
permits are issued
issued on
on an
an individual
individual basis,
basis, no individual may hold more
more than
than one
one permit
permit for a
a given
given
(4) If permits
fishery at any
anyone
one time.
m)
Uniess otherwise provided,
provided, [\IeS£eI]
31 of
of the license
license year.
year.
(5) [(4)]
[(4)] Unless
[vessel] permits
permits must
must be
be purchased
purchased by
by December
December31
(§) [(e)]
be transferred away
away from
from aa vessel
vessel without
without the
the lien
lien holder's
holder's written
written permission.
permission.
(6)
I(s)] No vessel permit may be
(I) [(e)J
shall be in such form and contain such information as the Department may prescribe.
prescribe.
[(6)] Applications
Applications for permits shall
(1)
of application.
application.
Proof of length
length of a vessel may be required at the time of
Stat. Auth.: ORS 506.119
Implemented: ORS
ORS 506.109,
506.109, 506.129,
506.129, and
and 508.921
508.921 through
through 508.941;
508.941;
Stats. Implemented:
Hist.:
635-006-1025
635-006-1 025
Permit
Fee
PermitFee
in limited
limited entry
entry fisheries
fisheries is
is as
as follows:
follows:
participate in
The annual fee to participate
(1)
$75. See
See ORS
ORS 508.790
508.790 and
and Section
Section 6,
6, Chapter
Chapter 512, Oregon
Oregon Laws
Laws 1989.
1989.
(1) Gillnet
Gillnet salmon
salmon --$75.
(2)
$75. See
See ORS
ORS 508.816
508.816 and
and Section
Section 6,
6, Chapter
Chapter 512,
512, Oregon
Oregon Laws
Laws 1989.
1989.
(2) Troll
Troll salmon
salmon --$75.
ORS508.
508.901.
$75. See
See ORS
(3) Shrimp --$75.
901.
(4) Scallop - $75. See ORS 508.858.
ORS 508.765.
508.765.
(5) Roe-herring - $75. See ORS
(6)
ORS 508.760.
508.760.
(6) Sea Urchin - $75. See ORS
(7)
$75. See ORS 508.941(4).
508.941(4).
(7) Ocean
Ocean Dungeness
Dungeness crab
crab --$75.
(8) Black rockfish/blue rockfish/nearshore fishery -- $75.
$75. See
See ORS
ORS 508.949.
508.949,
(8)
(9)
(9) Brine Shrimp - $75.
$0.
(10)
(10) Bay
Bay clam
clam dive
dive fishery
fishery --$0.
Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109
Hist.:
635-006-1 035
635-006·1035
Eligibility
Requirements for
for aa Permit
Permit
Eligibility Requirements
is as
as follows:
follows;
Eligibility for a limited entry permit
permit is
see ORS
ORS 508.784.
508.784.
(1)
(1) Gillnet salmon - see
(2) Troll salmon - see ORS 508.810.
508.810.
(2)
508.886 and
and 508.895.
508.895.
(3)
(3) Shrimp - see ORS 508.886
(4)
(4) Scallop
Scallop - see ORS 508.852.
(5)
TheODFW
ODFWshall
shallissue
issueaapermit
permitas
asper
perORS
ORS 508.765:
508.765:
(5) Roe-herring
Roe-herring -The
(a)
year's permit;
permit;
.
(a) By renewal
renewal of previous year's
is held in
in accordance
accordance with
with OAR
OAR 635-006-1085.
635-006-1085.
(b)
lottery is
(b) Through the lottery ifif a lottery
(6)
Urchin - An individual licensed
licensed as
(6) Sea
Sea Urchin
as a commercial
commercial fisherman
fisherman under
under ORS
ORS 508.235
508.235 isis eligible
eligible to
to obtain
obtain the
the permit
permit
required
required by OAR 635-006-1015:
(a)
(a) By
By renewal
renewal of previous
previous year's permit;
permit; or
(b)
(b) Through
Through the
the lottery if a lottery is
is held
held in
in accordance
accordance with
with OAR
OAR 635-006-1085;
635-006-1085; or
or
(c) Through a duly authorized medical transfer of an existing permit in
in accordance
accordance with
with OAR 635-006-1095;
in OAR
OAR635-006-1
635-006-1095.
(d)
renewed permits
permits into
into one
one new
new permit
permit as
as provided
provided in
(d) By combining three currently renewed
095.
(7)
(7) Ocean Dungeness crab:
(a) See ORS
ORS 508.931;
(a)
(b)
license waiver
(b) For the
the purposes of eligibility for the ocean Dungeness crab fishery permit, a boat which received aa license
issued
issued pursuant
pursuant to
to ORS
ORS 508.808
508.808 shall
shall be
be considered
considered as
as having
having possessed
possessed aa boat
boat license
license for
for that
that year;
year;
licensed in accordance with ORS 508.260 for
(c)
ORS 508.941
508.941 require that the vessel be previously licensed
(c) ORS
ORS 508.931
508.931 and
and ORS
an ocean
ocean Dungeness
Dungeness crab
crab fishery
fishery permit.
permit. A
A single
single delivery
delivery license
license may
may not
not be
be
the purposes
purposes of initial
initial eligibility
eligibility for
for an
the
license for
for this
this purpose.
purpose.
substituted for a boat license
(8)
(8) Black
Black rockfish
rockfish /I blue
blue rockfish
rockfish/ Inearshore
nearshorefishery
fishery----see
seeORS
ORS508.947.
508.4j.
(9) Brine
Brine Shrimp
licensed under
under ORS
ORS 508.235
508.235 is
is eligible
eligible to obtain
obtain the permit
permit required
required by
(9)
Shrimp -- A
A commercial
commercial fisherman
fisherman licensed
635-006-1015:
OAR 635-006-101
5:
(a)
(a) By
By renewal
renewal of
of previous
previous year's
year's permit;
permit; or
or
shrimp permit
permit under
under the.
the Developmental
(b) If issued a brine shrimp
Developmental Fisheries
Fisheries Program prior to 2004.
(10) Bay clam dive fishery - An individual licensed as a commercial harvester under ORS 508.235 or a vessel is
eligible to obtain the permit reguired by OAR 635-006-1015:
(.!!) For a south coast bay clam dive permit for the year 2006, if a bay clam south-coast dive permit was issued
to the individual or vessel under the Developmental Fisheries program (OAR 635-006-0900) in 2005 and
lawfully made five landings consisting of at least 100 pounds each landing or an annual total of 2,500 pounds
of bay clams, using dive gear in Oregon in 2005; or
(h) For a coast wide bay clam dive permit for the year 2006, if a bay clam coast-wide dive permit was issued to
the individual or vessel under the Developmental Fisheries program (OAR 635-006-0900) in 2005 and lawfully
made five landings consisting of at least 100 pounds each landing or an annual total of 2,500 pounds of bay
clams, using dive gear in Oregon in 2005.
(£I After 2006, by renewal of the previous years' permit and satisfaction of the requirements in OAR 635-0061075{1
1075(1 Hi).
Ui).
ORS 506.119;
Stat. Auth.: ORS
ORS 506.109
506.109
Stats. Implemented: ORS
Hist.:
635-006-1065
635-OQG-1065
Review of Denials
for bay
bay clam
clam dive
divefishery
fisherypermits,
permits,ananindividual
individualwhose
whoseapplication
application for
forissuance
issuance or
or renewal
renewal of a limited
limited
(1)
(1) Except for
Department's decision
decision by
by doing
doing so
so in
in writing
writing to
to the
the
entry permit is denied by the Department may request review of the Department's
Commercial
Commercial Fishery
Fishery Permit
Permit Board.
Board. The
The procedure
procedure for
for requesting
requesting review
review and
and the
the applicable
applicable standard
standard of
of review
review shall
shall be
be
as
as follows;
follows:
(a)
salmon- see
(a) Gillnet salmOnsee ORS 508.796;
508.796;
(b)
see ORS
ORS 508.825;
(b) Trollsalmon
TrolIsalmon -- see
508.825;
see ORS
ORS 508.
(c)
(c) Shrimp
Shrimp-see
508. 910;
910;
(d) Scallop - see ORS 508.867;
508867;
ORS 508.765.
508.765. For the
roe-herring fishery,
(e)
(e) Roe-herring - see ORS
the roe-herring
fishery, the
the Board
Board may
may waive
waive requirements
requirements for
for permits
permits if the
the
Board finds that:
some
(A)
individual for personal
personal or economic
economic reasons
reasons chose
chose to
commercially fish
permit vessel
vessel in some
(A) The individual
to actively commercially
fish the permit
other ocean fishery during the roe-herring season;
season; or
meet the
the requirements
requirements as
as the result
result of
of illness,
illness, accident
accident or
or other
other
(B)
The Board
Board finds
finds that the
the individual
individual failed
failed to meet
(B) The
control
circumstances
circumstances beyond
beyond the
the individual's
individuals control.
(f)
Urchin - see ORS
ORS 508.760.
urchin fishery,
fishery, the Board
Board may
may waive
waive requirements
requirements for permits
permits ifif the
the
(f) Sea Urchin
508.760. For
For the
the sea urchin
Board
requirements was
illness, injury or circumstances
circumstances beyond
beyoCld the
the
Board finds
finds that failure
failure to
to meet the requirements
was due
due to
to illness,
the control
control of the
permittee;
508.941.
(g)
(g) Ocean Dungeness crab - see ORS 508.941,
(h)
(h) Black
Black rockfish
rockfish /I blue
blue rockfish
rockfish /I nearshore
nearshore fishery
fishery--- see ORS 508.960.
508..
requirements for
for renewal
renewal of
of permits
permits in
in all
all fisheries
fisheries
(2)
(2) The Board may delegate to the Department its authority to waive requirements
Department.
in such specific instances as the Board sets forth in a letter of delegation to the Department.
(3) For those fisheries requiring a
Board review, the fee is
is nonrefundable. However,
However, ifif the
the Board
Board
(3)
a $75
$75 application
application fee for Board
grants. the ElPplicEln!'s .rEl'luElst,JhEl oQOLElf!JDd_ableJee.shall applylowaIdtbl'Lp_eJOJ[lfee_.
(4)orders isSUed' b'l the B6aYdaren6tsUl5jeC!loreVfewbytfieCommission;l5uTiTlaybe
as piovidiidin ORS
may De appealed
appeaiea as
183.480 to
ORS 183.550.
toORS
183.550.
(§.) B.ay clam dive fishery permit:
(.!!) An individual whose application for issuance, renewal or transfer of a bay clam fishery permit is denied by
the Department may, within 60 days of receipt of denial, make written request, to the Commission, for a
hearing for review of the denial. The request shall identify why the permit should be granted.
(h) In accordance with any applicable provisions of ORS 183.310 to ORS 183.550 for conduct of contested
cases, a hearings officer shall review the proposed denial by the Department of an application for issuance,
renewal or transfer of a permit.
(£)
Commission review
review of the hearing
hearing officer's
officer's proposed
proposed order
30 days
days of
(c) A
A party must petition for Commission
order within
within 30
the party
party wants
wants the
the proposed
proposed order
order changed.
changed. A party must identify
identify what
what parts
parts
service of the proposed order ifif the
the proposed
proposed order
order it objects
objects to,
to, and
and refer
refer to
to parts
parts ofofthe
theadministrative
administrative record
record and
and legal
legal authority
authority
of the
supporting its position.
(fl.) Final Orders shall be issued by the Commission and may be appealed as provided in ORS 183.480 to
ORS 183.550.
Stat. Auth.: ORS 506.119
506.109
Stats. Implemented: ORS 506.109
Hist.:
635-006-1075
635-006-10 75
Renewal
Renewal of
of Permit
(1) An
[vessel] permit may
may renew the
the permit
permit as
as follows:
follows:
An individual who obtained a limited entry [vesset]
(a) Gillnet salmon- see ORS 508.781;
508.781;
seeORS
ORS 508.807;
508.807;
(b)
(b) Troll
Troll salmon
salmon -see
ORS 508.
508. 892;
892;
(c) Shrimp - see ORS
508.849;
(d) Scallop - see ORS 508.849;
and a complete
complete
(e)
Roe-herring permit
permit - Permits
(e) Roe-herring
Permits may
may be
be renewed
renewed by
by submission
submission toto the
the Department
Department of
of aa $75
$75 fee
fee and
application;
(f) Sea Urchin permit:
by submission
submission to.
to. the
application date-stamped
(A) Permits may be renewed by
the Department
Department of
of aa $75
$75 fee
fee and
and a complete applibation
date-stamped
or postmarked by January31
January 31 of
ofthe
the year
year for
for which
which renewal
renewal is
is sought;
sought; and
and
in Oregon.
Oregon. IfIf aa permittee
permittee obtained
obtained aa
shall have
have annually
annually lawfully landed
landed 5,000
5,000 pounds of
of sea
sea urchins
urchins in
(B) The permittee shall
permit later
later than
than January
January of the prior year
year (because
(because the
permit was
obtained through
result of
of
permit
the permit
was obtained
through the
the lottery,
lottery, or
or as
as a result
surrender of
permit holder),
holder), the permittee
permittee shall.not
shall not be
be required
required to make
make the
the
Permit Board
Board actions
Permit
actions or surrender
of a permit by aa permit
5,000 pound
pound landing
landing by the following
following January.
next renewal
renewal thereafter,
January. Instead,
Instead, at
at the
the next
thereafter, the
the permittee
permittee shall
shall be
be required
required
to demonstrate that the 5,000 pound
pound landing
landing requirement
requirement was
was fulfilled
fulfilled during
during the
the first
first full
full year
year (twelve-month
(twelve-month period)
period) in
in
which the permit was held.
ORS 508.941.
508.941. A permit which
which is
is not
not renewed
renewed by
by December
December 31
31 lapses,
lapses, and
and
(g) Ocean
Ocean Dungeness
Dungeness crab permit - see ORS
for subsequent
subsequent years.
years.
may not be renewed for
see ORS
ORS 508.947.
508.947.
(h) Black rockfish I blue rockfish I/ nearshore fishery
fishery---- see
permit:
.
(i) Brine Shrimp permit:
be renewed
renewed by
by submission
submission to
to the
the Department
Department of
of aa $75
$75 fee
fee and
and aacomplete
completeapplication
application date-stamped
date-stamped
(A) Permits may be
31 of the year for which renewal
renewal is
or postmarked by January 31
is sought;
sought; and
and
(B) The permittee shall
shall have
have lawfully
lawfully landed
landed 5,000
5,000 pounds
pound of
in Oregon
Oregon in
in the prior year.
year.
of brine
brine shrimp
shrimp in
U) Bay clam
(j)
clam dive fishery:
(8)
Permits may
may be
be renewed
renewed by
by submitting
submitting to
to the
theDepartment
Department aa complete
complete application
application date-stamped
date-stamped or
(A) Permits
postmarked by January31
January 31 of
of the
the year
year for which renewal
renewal is
is sought
sought and;
and;
<.§) The permittee shall have lawfully made five landings consisting of at least 100 pounds each landing or an
annual total of 2,500 pounds of bay clams, using dive gear in Oregon in the prior calendar year;
(!<) Logbooks reguired under OAR 635-006-1110 must be turned in to an ODFW office by the application
deadline for renewal of a permit.
(Q) If a permit is transferred under OAR 635-006-1095(10), annual renewal reguirements are waived in the year
the transfer occurred.
(2) An application for renewal in any limited entry fishery shall be considered complete if it is legible, has all information
and is
is accompanied
accompanied by
by the
the required
required fee
fee in
in full.
full. Any
Anyapplication
application which
which is.
is not
not complete
complete shall
shall be
be
requested in the form, and
requested
returned, and
and unless
returned,
unless it is thereafter
thereafter resubmitted
resubmitted and
January 31,
the individual
individual shall
shall not
not be
be
and deemed
deemed complete
complete by
by January
31, the
considered to have applied for renewal in a timely manner.
the responsibility of the
the permittee
permittee to
ensure that
an application
application is
in a timely mannsr.
manner.
(3)
(3) It is the.responsibility
to ensure
that an
is complete
complete and
and is
is filed
filed in
return an application
application for incompleteness
i~completeness or
an individual
individual to
to receive
receive aa returned
returned
Failure
the Department
Department to
Failure of
of the
to return
or of
of an
treating the application as
been filed
application shall not be grounds for treating
as having been
filed in a timely and
and complete
complete manner.
manner.
506.119
Stat. Auth.: ORS 506.119
Stats.lmplemented:
ORS 506.109,
506.109, 506.129,
506.129, and
and 508.921
508.921 through
through 508.941
508.941
Stats. Implemented: ORS
Hist.:
635-006-1085
Lottery for
for Certain
Certain Limited
Limited Entry
Entry Fisheries
Fisheries
limited entry fisheries
crab.
(1) A lottery process is provided in all limited
fisheries except ocean
ocean Dungeness crab.
be conducted
conducted as
as follows:
follows:
issuance of
of permits
permits shall
shall be
(2) A lottery for issuance
see ORS
ORS 508.792;
508.792;
(a) Gillnet salmon -- see
see ORS
ORS 508.819;
508.819;
(b) Troll salmon - see
(c) Shrimp
Shrimp -see
seeORS
ORS 508.
508. 904;
904;
ORS 508.861.
508.861. If the number of permits
permits issued in
in accordance
accordance with
ORS 508.849
508.849 falls
Scallop - see ORS
(d) Scallop
with ORS
falls below
below 25,
25, the
the
Department in
in the next succeeding
succeeding calendar
calendar year
year may issue
issue permits
permits by
by a lottery system.
system. However,
However, the
the total
total number
number of
of
not exceed
exceed 25;
25;
permits issued shall not
(e)
If the
the number
number of
of permits
permits issued
issued in
in accordance
accordance with
with OAR
OAR 635-006-1035
635-006-1035 faIls
falls below
below six,
six, the
the
(e) Roe-herring
Roe-herring - If
succeeding calendar
system. However,
However, as
any
Department in
Department
in the next succeeding
calendar year
year may
may issue
issue permits
permits by a lottery system.
as a result of any
such lottery, the total number
number of
of permits
permits issued
issued shall
shall not
not exceed
exceed six;
six;
(f) Sea Urchin:
ofpermits
permits which
which have
have been
been renewed,
renewed, and/or
which an
an appeal
appeal is
is pending,
pending, with
the
(A) If the
the total
total number
number of
and/or for
for which
with the
Commercial Fishery Permit Board and/or awarded
through a prior lottery, is less than 30, a lottery shall be held on the
Commercial
awarded through
Aprii;
4th Friday in April;
must be
be 18
18 years
years of
of age
age or older and furnish proof
proof of
of age
age to
to be
be eligible
eligible for the lottery;
lottery;
(B) An individual must
individual may
may not
not already
already hold
hold aa valid
valid urchin
urchin permit,
permit, however,
however, an
an individual
individual whose
whose permit
permit is at
at issue
issue in
in aa
(C) An individual
(C)
Board proceeding
proceeding or before
before aa court of
of law
law may
may participate
participate in
in the lottery;
lottery;
Urchin Permit
pending Sea Urchin
Permit Board
is at
at issue
issue either
either before
before the
the Sea
Sea Urchin
Urchin Permit
Permit Board
Board or
or aa court
court of
oflaw
lawisisawarded
awarded
permittee whose
whose permit
permit is
(D) IfIf aa permittee
court, the
permittee shall
another permit through
through the lottery and thereafter prevails
anqther
prevails before
before the
the Board
Board or in court,
the permittee
shall immediately
immediately
to any Department
Department office,
office, so that only
only one
one valid
valid permit
permit is
is held;
held;
of the permits
permits to
surrender one of
qualifies to participate
participate in the lottery
lottery shall
shall send
send aa complete
complete lottery
lottery application
application to the Department,
Department,
(E) An individual who qualifies
date-stamped or postmarked no later than April 15
15 of the year
year for
for which
which the
the permit
permit is
is to
to be
be issued.
issued. An
An individual
individual shall
shall
to participate
participate in
in the
the lottery.
lottery. For
For successful
successful applicants,
applicants, the
the application
application fee
fee shall
shall
not submit more than one
one application
application to
the permit
permit fee
fee of
of $75;
$75;
apply toward the
(F) The names of lottery applicants shall
All other names of lottery applicants
(F)
shall be drawn to obtain the available permits. All
, shall
shall be drawn
drawn and
and placed
placed on
on an
an alternate
alternate list
list in
in the
the order
order inin which
which they
they were
were drawn,
drawn, and
and shall
shall be
be issued
issued permits
permits
permits by
by aa
next 24
24 months
months as
as they
they may
may become
become available
available through
through Permit
Permit Board
Board actions
actions or surrender
surrender of permits
during the next
permit holder;
drawn in
in the lottery
lottery shall
shall thereafter
thereafter apply
apply on
on the
the prescribed
prescribed form,
form, to
to the
the Department
Department
(G)
(G) An
An individual whose name is drawn
to obtain a permit. Such
Such application
application must
must be
be received
received by
by the
the Department
Department within
within 30
30 days
days of
of the
the date
date the
the notification
notification was
was
lottery;
mailed to the successful applicant following the lottery;
to apply for the
the lottery
lottery permit
permit within 30 days
days shall
shall forfeit
forfeit such
such permit.
permit. The
The permit
permit shall
shall then
then
(H) Any individual who fails to
first name
name on
on the
the alternate
alternate list,
list, and
and shall
shall be
be applied
applied for
for inin accordance
accordance with
with section
section (G)
(G) of
ofthis
this
be made available to the first
rule;
are not
not issued
issued by
by renewal
renewal or through the lottery, permits
permits thereafter may be issued
issued on
(I) If all permits are
on a first come first
applications shall be mailed
mailed to the Department
Department and priority
served basis up to the total
total number
number of
of permits
permits allowed.
allowed. All applications
served
or date-stamped date;
date;
shall be based on postmark or
years based upon its
its assessment
assessment of the condition
condition of the
(J)
Commission may
(J) The
The Commission
may suspend
suspend the
the lottery
lottery for
for up
up to
to two years
resource and recommendations of the Sea Urchin Permit Review Board.
in
(g)
Black rockfish
rockfish / blue
blue rockfish
rockfish // nearshore
nearshore fishery
fishery --- see
see ORS
ORS 508.955.
508.955. If the
the number
number of
of permits
permits issued
issued in
(g) Black
accordance
508.947 falls
rockfish and
and blue
blue rockfish
rockfish permits
permits or
or 50
50 for
for black
black rockfish
rockfish and
and
accordance with
with ORS
ORS 508.947
falls below 80 for black rockfish
blue
permits with
blue rockfish
rockfish permits
with a nearshore endorsement,
endorsement, the
the Department
Department in
in the
the next succeeding
sucbeeding calendar
calendar year
year may
may issue
issue
black rockfish
rockfish and
and
permits
lottery system.
system. However,
However, the
the total number of permits
permits issued shall not exceed
exceed 80 for black
permits by aa lottery
blue rockfish permits or
50 for black
black rockfish
rockfish and blue
blue rockfish permits
permits with
with aa nearshore
nearshore endorsement.
endorsement.
or 50
(h) Bay
Bay clam
clam dive
dive fishery
fishery -- lithe
If thenumber
numberofof
permitsissued
issued
accordance
with
OAR
635-006-1035
below
(ii)
permits
in in
accordance
with
OAR
635-006-1
035 falls below
ten for coast-wide permits or five for south-coast permits, the Department may issue permits by a lottery
system. However, as a result of any such lottery, the total number of permits issued shall not exceed ten for
coast-wide permits or five for south-coast permits;
(3) Each
Each applicant for a permit lottery shall complete the application form prescribed by the Department.
(3)
accepted for
in the judgment
judgment of the Department,
Department, are
(4)
(4) Application
Application for
for vessel
vessel permits
permits shall
shall only
only be
be accepted
for vessels,
vessels, which
which in
are
capable
Vessels of aa size
size or
or design
design incapable
incapable of
of
capable of operating
operating the gear
gear necessary
necessary to legally participate in the fishery. Vessels
hil rvesJing•. lhepefmittedsPfl,ll;ls'afeno!l;lligibJl;lforJheJotlery.,
not eUgib1efor::the:Lottery:
per vessel may
may be
be submitted for each
each permit
permit fishery
fishery lottery.
lottery.
(5) Only one application per
is not legible,
iegible, has incomplete
incomplete information,
information, or
postmarked after
deadline will
be
(6)
application which
(6) Any application
which is
or is postmarked
after the
the deadline
will not be
entered
lottery. Applications
Applications for
all [ve&6el]
accepted at
the Headquarters
Headquarters Office
the
entered in
in the lottery.
for all
[vesset] permits
permitswill
will be
be accepted
at the
Office of
of the
postmarked or
or date
date stamped
stamped no
no later
later than
than June
June 30
30 of
of the
the year
year for
forwhich
which
Department of Fish and Wildlife, and shall be postmarked
is issued.
issued.
the permit is
506.119
Stat. Auth.:
Auth.: ORS
ORS506.119
Implemented: ORS
ORS 506.109
506.109
Stats. Implemented:
Hist.:
635-006-1095
Transferability of
of Permits
Permits
Transferability
permit away
away from aa vessel
vessel without
without the written
written consent of each person
person holding
Any transfer of a permit
holding aa security
security interest
interest in
in
is void.
void. The following
following rules
rules apply
apply to
to transfer
transfer of
of limited
limited entry
entry fishery
fishery permits:
permits:
such vessel is
(1)
(1) Gillnet salmon - see ORS 508.793.
(2) Troll salmon - see ORS
ORS 508.822.
508.822.
seeORS
ORS 508.
508. 907.
907.
(3) Shrimp
Shrimp -see
(4) Scallop - see ORS 508.864.
(5) Roe-herring:
(a)
(a) A
A permit is transferable to:
(A)
repiacement vessel
permit holder;
holder; or,
upon request
request of a permit
permit holder,
holder, the
the Department
Department may authorize
authorize
(A) A replacement
vessel of the permit
or, upon
transfer
transfer of a permit to
to a repiacement
replacement vessel
vessel owned
owned by
by an
an individual
individual other
other than
than the
the permit
permit holder.
holder. However,
However, any
any transfer
transfer
vessei is
of a permit away from
written consent of each person
person holding a security interest in such vessel
from a vessel without the written
void;
(B) The
The purchaser of the vessel when the vessel is sold.
(6)
(6) Sea
Sea Urchin:
31 or
or more,
more, the
the Department
Department may
may authorize
authorize aa permit
permit to
to be
be
(a)
Medical Transfers:
number of
permits is
(a) Medical
Transfers: IfIf the
the number
of permits
is at 31
transferred
days upon
upon petition
petition by aa permittee
permittee on
on the
the form
form provided
provided by
by the
the
transferredtoto aa specified
specified individual
individualfor
for up
up to
to 90
90 days
be based
based on aa finding that
that the
the current
current permit
permit holder
holder is
is
Department.
decision to allow a transfer shall be
Department. The
The Department's decision
unable
injury or illness
illness which
which prevents
prevents diving,
diving, based
based on
on medical
medical evidence
evidence submitted
submitted
unable to
to participate in the fishery due to injury
by the
evidence the
the permit holder and such other evidence
the Department considers
considers reliable.
reliable. At
At the
the end
end of the
the transfer period,
period, the
renewed by the
the Department
Department to
to the
the original
original transferee
transferee or to
to aanew
newtransferee,
transferee, provided
provided that
that the
the
transfer
transfer may
may be
be renewed
prevent the
the permittee's
permittee's
permittee
medical evidence
evidence documenting
illness continues to prevent
permittee again
again submits medical
documenting that
that the
the injury or illness
is aa two-year
two-year limit
limit on
on the
the eligibility
eligibility of
ofeach
eachindividual
individual permit
permit for
for medical
medical transfer
transfer status,
status,
return
diving. There
There is
return to
to diving.
beginning with
with the
the start
start date
transfer of that permit on
on or after January 1,
1, 1996,
1996, and
and ending
ending two
beginning
date of the first medical
medical transfer
years
the total
total number
number of permits
years from
from that
that date.
date. When
When the
permits reaches
reaches 30
30 or less the Department shall
shall not allow any permit
transfers for any medical reason;
reason;
(b) If the Department,
Department, or the Board,
Board, after
of aa denial
denial by
by the
the Department,
Department, allows
allows a transfer,
transfer, the original
original permit
permit
(b)
after review
reviewof
Department of the
name, address
address and
holder shall
holder
shall give
give written
written notice to the Department
the name,
and telephone
telephone number
number of the
the transferee.
transferee. The
The
original
time during
during the
the transfer
transfer period
period specified
specified in
in subsection
subsection (6)(a),
(6)(a), request
request the
the Department
Department
original permit holder may, at any time
to
transfer the
the permit
permit back
back to the
the original
original permit
permit holder.
holder. Such
Such transfer
transfer requires
to transfer
requires 30
30 days'
days' written
written notice
notice to
to the
the
upon expiration
expiration of the
specified in (6)(a), or upon
upon cancellation
cancellation of aa transfer
transfer
Department. In
Department.
In any event, upon
the transfer period specified
due to lack of medical evidence of continuing inability to dive, the permit shall revert automatically to the original permit
is renewed,
renewed, as
as provided
provided in
in subsection
subsection (6)(a)
(6)(a) of
of this
this rule;
rule;
transfer is
holder, unless the transfer
of sea
sea urchins
urchins by all transferees of
of aa permit
permit shall
shall not
not exceed
exceed the
the greater
greater of
of either
either of
of the
the following
following
(c) The total landings of
amounts:
per 90-day
90-day period,
period, not
not to exceed 5,000
5,000 pounds
pounds annually;
annually; or
or
(A) Up to 5,000 pounds per
season's catch,
catch, for
for each
each 9090(B)
(B) Twenty-five
Twenty-five percent of the amount landed
landed by the original permit holder in the previous season's
period.
day period.
(d) Combination Permit Transfers: IfIf the number of permits is
is at 31
31 or
or more,
more, the
the Department
Department may
may transfer
transfer permits
permits from
from
one person to another as
as follows:
follows:
(A) The individual
individual receiving
receiving the transferred
transferred permit
purchaser) obtains
total permits,
permits, each
each of
of
(A)
permit (the
(the purchaser)
obtains no
no more than three total
which
which the
the permit is purchased,
purchased, from
from existing
existing permit holders;
holders;
which is valid for the current year in which
to the
the purchaser;
purchaser; and
and
(B)
new permit
permit issued
issued to
(B) The
The Department combines the three permits into a single new
(C) No
No transferred
transferred permit
permit is valid
valid for
for harvesting
harvesting sea
sea urchins
urchins until
until conditions
conditions (d)(A)
(d)(A) and
and (d)(B)
(d)(B) are
are met.
met. Individual
Individual
(C)
been transferred
permits which
permits
which are transferred may not be used individually and are not renewable. Once a permit has been
the permit
permit has
has been
been transferred
transferred has
has up
up to
to 24
24 months
months from
from the date
date of
of
in accordance
accordance with
with (d)(A) the individual
individual to
to whom
*hom the
transfer to
to combine it with two others
others to
to create
create aa valid
valid new permit.
permit.
Department shall
(e)
permits reaches
(e) When
When the
the total
total number of permits
reaches 30
30 or
or less,
less, the
the Department
shall approve
approve the
the transfer
transfer of
of any
any permit
permit to
to
any purchaser of the permit, provided
provided that not more than one sale or transfer
transfer of
of the
the permit
permit occurs
occurs within
within that
that calendar
calendar
year;
No permit
permit issued
issued to an
an individual
individual throUgh
through the lottery
lottery after
after 1998
1998 may
may be
be transferred
transferred
Lottery-issued permit transfers: No
(f) Lottery-issued
to
individual until
cumulative total
20,000 pounds
pounds of sea urchins
urchins have been landed on commercial
commercial fish
to another individual
until a cumulative
total of 20,000
fish
receiving
indiv.idual issued the permit through the
the lottery.
lottery.
receiving tickets by the individual
(7)
(7) Ocean
Ocean Dungeness
Dungenesscrab
crab- -see
seeORS
ORS508.936·and:
508.936nd:
i.s transferable
has landed at least
least 500
500 pounds
pounds of
of ocean
ocean
(a)
(a) The
The vessel
vessel permit i.s
transferable provided
provided the
the vessel
vessel holding
holding the
the permit
permit has
Dungeness
Dungeness crab
crab in
in each
each of two
two crab
crab fishing
fishing seasons
seasons in
in the
the last five
five crab
crab seasons
seasons which includes landings made during
season open
open at the time of
of application.
application. Crab fishing season means ocean Dungeness crab season. However,
However, the
any season
60-month waiting
the
Board
landing requirement
requirement as
Board may
may waive
waive the
the landing
as well
well as
as the
the 60-month
waiting period
period provided
provided by
by ORS
ORS 508.936
508.936 ifif the
these requirements
requirements would
individual seeking
Board
strict adherence
adherence to
Board finds
finds that
that strict
to these
would create
create undue
undue hardship
hardship to
to the
the individual
seeking to
to
transfer a permit.
permit. The board
board also
also may
may delegate
delegate to
to the
the Department
Department its
its authority
authority to
to waive
waive these
these requirements
requirements in
in such
such
transfer
specific instances as the
in aa letter
letter of
of delegation
delegation to
to the
the Department;
Department;
the Board
Board sets
sets forth
forth in
is transferable:
transferable:
(b) The vessel permit is
(A) To another vessel; or
(B) To
To the
the purchaser of the vessel when the vessel is
is sold.
(B)
transferred, with
shall not
notbe:
be:
(c) The vessel
vessel to which a permit is transferred,
with the
the exception
exception of vessels
vessels covered
covered by (Z)(d),
(fl(d), shall
longer than
than the
the vessel
vessel from which
which the
the permit
permit isis transferred;
transferred; and
and
(A) More than 10 feet longer
in length.
length.
(B) More than 99 feet in
)(e) of ORS 508.931
508.931 may only be transferred
transferred to vessels
vessels
Permits obtained
qualifying under section
(d) Permits
obtained as a result of qualifying
section (1
(1)(e)
length of
of a Jength
of 26
26 feet or less;
(e) The length
length of
of aavessel
vessel for
forpurposes
purposes of
oftransferring
transferring permits
permits is
is the
the length
length of
of that
thatvessel
vessel on
onSeptember
September 9,
9, 1995,
1995,
(e)
modified to
to increase
increase its
its length;
length;
subsequently modified
unless subàequently
(f) Except for vessels
described in
in section
section (d),
(d), transfer
transfer of
ofpermits
permits isis limited
limited to
tovessels
vesselsno
nomore
morethan
than10
10feet
feetlonger
longerthan
than
vessels described
regardless of
of length
length of
of vessels previously
previously holding
holding the permit;
permit;
the permitted vessel, regardless
the event aa vessel
vessel is
is destroyed
destroyed due
due to
to fire,
fire, capsizing,
capsizing, sinking
sinking or
or other
other event,
event, the
Ihe vessel
vessel owner
owner has
has up
up to
to two
two
(g) In
In the
(g
the ocean
ocean Dungeness
Dungeness crab
crab fishery permit
permit to aa replacement
replacement vessel.
vessel.
years to transfer the
nearshore fishery
-- see
see ORS
ORS 508.957.
508.957.
(8) Black rockfish /I blue rockfish I nearshore
fishery-(
fishery: Permits
Permits are
are transferable.
transferable.
(9) Brine shrimp fishery:
clam dive fishery:
' " (10)
(10) Bay clam
~The permittee may request the Department to transfer a bay clam dive permit up to t'l0 timet per calendar
year.
Y!E.
(Q)
theevent
eventofofthe
thedeath
deathofofa apermit
permitholder,
holder,the
thepermit
permitofofthe
thedeceased
deceasedmay
maybe
beissued
issued to
toan
animmediate
immediate
() InInthe
.. family member upon request,
request. validated
validated by the
Department's receipt
the death
death certificate and
and the
the Department's
receipt of a copy of the
original permit.
(b)(c)(£)The
TheDepartment
Departmentmay
mayauthorize
authorize aa permit
permit issued
issued to
to an
an individual
individual to
to be
be transferred
transferred to a specified
specified individual
()
individual
l;. for up
up to
to 90
90 days
days upon
upon petition
petition by
by the
the permittee
permittee on
on the
the form
form provided
provided by
bythe
theDepartment
Department due
due to
to aa medical
medical
condition.
(~) The
(A)
The Department's
Department's decision
decision to
to allow
allow aa transfer
transfer shall
shall be
be based
basedon
on aafinding
finding that
that the
the current
current permit
permit holder
holder is
is
unable to participate in the fishery due to injury
injury or
or illness
illness which
which prevents
prevents diving,
diving, based
based on
on medical
medical evidence
evidence
unable
submitted by
by the
the permit
permit holder,
holder, and
and such
such other
other evidence
evidence the Department considers reliable.
(.§.) At the end of the
the transfer
transfer period,
period, the
the Department
Department may
permit holder
holder or
or
(B)
may reinstate
reinstate the
the permit
permit to the original permit
to
new transferee,
transferee, provided
provided that the original
original permit
permit holder
holder again
again submits
submits medical
medical evidence
evidence documenting
documenting
to a new
that the injury
continues to prevent their return
iniury or illness continues
return to diving.
(£) There
on the
the eligibility of
of each
each individual
individual permit
permit for
formedical
medical transfer
transfer status,
status, beginning
beginning
(C)
There is
is aa two-year
two-year limit
limit on
with the start
start date
date of
of the
the first
first medical
medical transfer
transfer of
of that
that permit
permit on
on or
orafter
afterJanuary
January 1,2006,
1,2006, and
and ending
ending two
two years
years
. from that date.
lQ)(~!}
Department, after
after review
review of
of aa denial
denial by
by the
the Commission,
Commission, allows
allows aa transfer,
transfer, the
the original
original permit
permit holder
holder
(g)L) If the Department,
L chr.Il
,j,,ritfannotice
nn*ira to
tn the
tha Department
flannrtmant nf
ddracc and
rind telephone
talanhnna number
nrimhnr of
nfl-ha
trnncfnrnn Tha
shall niwn
give written
of fhn
the n,n-.a
name, address
the transferee.
The
oriqinal permit holder mav. at anv time durinq the transfer period specified in subsection 110HA). reouest the
Department reinstate the permit back to their possession. Such transfer requires 30 davs' writt'en notice to the·
Department. In anv event upon expiration of the transfer period specified in (10),( At or uponi cancellation of a
transfer due to lack of medical evidence of continuino inabilitv to dive the permitshall revell automaticallv to
the oriainal permit holder unless the transfer is renewed as orovided in subsectiol\l 110 A\rif this rule.
Cr"-
eO)
Stat. Auth.: ORS 506.119
ORS 506.109,506.129,508.760
508.762
Stats. Implemented: ORS
506.109, 506.129, 508.760 and 508.762
Hist.:
Hist:
~V
lG'\
635-006-1110
Logbook Required
(1) Sea urchin
urchin fishery:
fishery: The
The Department
Department shall
shall provide a logbook
logbook to
to each
each individual
individual permitted
permitted to
to harvest
harvest sea
sea urchins.
urchins.
(1)
responsible for maintaining
maintaining the logbook in
in accordance
accordance with
with the
the instructions
instructions contained
contained therein
therein and
and
Each
Each individual
individual is
is responsible
shall,
uponrequ~§tat"D."lJtb.QrizeJL
reuestcf an aitLQrizd rr"-R[~senta!bLeQLtbeJ:)ep-"!Jtment,permiJ
sball
,uRaD.
.examjnaJion . and transcription oJ
rsentaJive of ---------- par1m ent, pemiJLexaminationantLtranscription
of
iiifbrrnalibh frbmsUchlbgbooKThfoimationso'received
by lfie
Deparlmenlsnall"beconsTdered-as
HFifbrmatiOui
from - UhTobook:Thfofffiatidnia±edeF'ed
bVth&Dèàftftëhtihálibé
öH1dêéd confidential:
.
(2) Black
(2)
-- see ORS 508.953,
508.953.
Black rockfish
rockfish I/ blue
blue rockfish
rockfish I/ nearshore
nearshore fishery
fishery-(;J,) Bay
The Department
(3)
Bay clam
clam dive
dive fishery:
fishery: The
Department shall
shall provide
provide aa logbook
logbook to
to each
each permit
permit holder
holder permitted
permitted to
to harvest
harvest
bay clams. Each permit holder is responsible for mai.ntaining the logbook in accordance with the instructions
contained therein and shall, upon request of an authorized representative of the Department, permit
examination and transcription of information from such logbook. Catch records and trade secrets
documented in the log book are confidential.
ORS 506.119
Stat. Auth.: ORS
506.119
Stats. Implemented: ORS
ORS 506.109
506.109
Hist.:
Attachment 55
Attachment
Public Correspondence
No public correspondence received as
of October
20, 2005
2005
October 20,