Or. Admin. Code § 635-039-0095
Current through Register Vol. 63, No. 12, December 1, 2024
Section 635-039-0095 - Inclusions and Modifications(1) The 2018 Oregon Sport Fishing Regulations provide requirements for sport fisheries for marine fish, shellfish, and marine invertebrates in the Pacific Ocean, coastal bays, and beaches, commonly referred to as the Marine Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the 2018 Oregon Sport Fishing Regulations. (2) For the purposes of this rule, a "sport harvest guideline" is defined as a specified numerical harvest objective that is not a quota. Attainment of a harvest guideline does not automatically close a fishery. Upon attainment of a sport harvest guideline, the Department shall initiate consultation to determine if additional regulatory actions are necessary to achieve management objectives. The following sport harvest guidelines include the combined landings and other fishery related mortality by the Oregon sport fishery in a single calendar year: (a) Black rockfish, 395.2 metric tons. (b) Cabezon, 16.8 metric tons. (c) Blue rockfish, deacon rockfish, and other nearshore rockfish combined, 32.8 metric tons. (d) Greenling, 47.9 metric tons. (3) For the purposes of this rule, "Other nearshore rockfish" means the following rockfish species: black and yellow (Sebastes chrysolmelas); brown (S. auriculatus); calico (S. dalli); China (S. nebulosus); copper (S. caurinus); gopher (S. carnatus); grass (S. rastrelliger); kelp (S. atrovirens); olive (S. serranoides); quillback (S. maliger); and treefish (S. serriceps). (4) In addition to the regulations for Marine Fish in the 2018 Oregon Sport Fishing Regulations, the following apply for the sport fishery in the Marine Zone: (a) Lingcod (including green colored lingcod): 2 fish daily bag limit. (b) All rockfish ("sea bass" "snapper"), greenling ("sea trout"), cabezon, skates, and other marine fish species not listed in the 2018 Oregon Sport Fishing Regulations in the Marine Zone, located under the category of Finfish Species, General Marine Species:5 fish daily bag limit in aggregate (total sum or number), of which no more than one may be a cabezon, when retention of cabezon is allowed. Retention of the following species is prohibited: (A) Yelloweye rockfish; and (B) Cabezon from January 1 through June 30. (c) Flatfish (flounder, sole, sanddabs, turbot, and all halibut species except Pacific halibut): 25 fish daily bag limit in aggregate (total sum or number). (d) Retention of all marine fish listed under the category of Finfish Species, General Marine Species, except Pacific cod, sablefish, flatfish, herring, anchovy, smelt, sardine, striped bass, hybrid bass, and offshore pelagic species (excluding leopard shark and soupfin shark), is prohibited when Pacific halibut is retained on the vessel during open days for the all-depth sport fishery for Pacific halibut. Persons must also consult all publications referenced in OAR 635-039-0080 to determine all rules applicable to the taking of Pacific halibut. (e) Harvest methods and other specifications for marine fish in subsections (4)(a), (4)(b) and (4)(c) including the following: (A) Minimum length for lingcod, 22 inches. (B) Minimum length for cabezon, 16 inches. (C) May be taken by angling, hand, bow and arrow, spear, gaff hook, snag hook and herring jigs. (D) Mutilating the fish so the size or species cannot be determined prior to landing or transporting mutilated fish across state waters is prohibited. (E) When angling for groundfish or Pacific halibut in the Pacific Ocean or when in possession of groundfish or Pacific halibut, all watercraft shall have a functional descending device on board and shall use a descending device when releasing any rockfish outside of the 30-fathom curve (defined by latitude and longitude) as shown in Title 50 Code of Federal Regulations Part 660 Section 71. Upon request, a descending device shall be presented for inspection by any person authorized to enforce the wildlife laws or a representative of the Department. In this subsection, "descending device" means a device capable of returning a rockfish back to a depth of at least 100 feet to assist the fish in recompression and to improve the fish's chance of survival. (F) Long-leader gear means fishing gear with the following: one fishing line, deployed with a sinker and no more than three hooks, with a minimum of 30 feet (9.14 meters) between the sinker and the lowest hook, and a non-compressible float attached to the line above the hooks. The hooks can only be equipped with artificial lures or molded soft plastic or rubber imitations of worms, eggs, insects, bait fish, crayfish, etc. 5 inches or less in length and/or artificial flies. Natural bait may not be used. (f) Sport fisheries for species in subsections (4)(a), (4)(b) and (4)(c) and including leopard shark and soupfin shark are open January 1 through December 31, twenty-four hours per day, except as provided in subsections 4(b) and (4)(d). Ocean waters are closed for these species, with the exception of flatfish species, during April 1 through September 30, outside of the 30-fathom curve (defined by latitude and longitude) as shown in Title 50 Code of Federal Regulations Part 660 Section 71, except as provided in subsection 4(d) or when fishing with long-leader gear during such times and in such areas as allowed in federal rule. A 20-fathom, 25-fathom, or 30- fathom curve, as shown in Title 50 Code of Federal Regulations Part 660 Section 71 may be implemented as the management line as inseason modifications necessitate. In addition, the following management lines may be used to set area specific regulations for inseason action only: (A) Cape Lookout (45°20'30" N latitude); and (B) Cape Blanco (42°50'20" N latitude). (g) The Stonewall Bank Yelloweye Rockfish Conservation Area (YRCA) is defined by coordinates specified in Title 50 Code of Federal Regulations Part 660 Section 70 (October 1, 2017 ed.). Within the YRCA, it is unlawful to fish for, take, or retain species listed in subsections (4)(a), (4)(b) and (4)(c) of this rule, leopard shark, soupfin shark, and Pacific halibut using recreational fishing gear. A vessel engaged in recreational fishing within the YRCA is prohibited from possessing any species listed in subsections (4)(a), (4)(b) and (4)(c) of this rule, leopard shark, soupfin shark, and Pacific halibut. Recreational fishing vessels in possession of species listed in subsections (4)(a), (4)(b) and (4)(c) and including leopard shark, soupfin shark, and Pacific halibut may transit the YRCA without fishing gear in the water. (h) Notwithstanding any other provisions of this rule, on any fishing trip where fishing with long-leader gear (as defined in subsection (4)(e)(F)) occurs seaward of the 40-fathom curve (defined by latitude and longitude) as shown in Title 50 Code of Federal Regulations Part 660 Section 71, the following apply: (A) It is unlawful to retain any species in the Groundfish Group other than yellowtail rockfish (Sebastes flavidus), widow rockfish (S. entomelas), canary rockfish (S. pinniger), redstripe rockfish (S. proriger), greenstriped rockfish (S. elongatus), chilipepper rockfish (S. goodei), bocaccio rockfish (S. paucispinis), or silvergray rockfish (S. brevispinis); (B) The daily bag limit is 10 fish in aggregate for the species listed in section (4)(h)(A); (C) A long-leader fishing trip must be separated from any other fishing trip where groundfish are retained by returning to the dock and offloading fish; (D) It is unlawful for an angler who retained fish on a long-leader fishing trip to retain more than 10 fish in aggregate of the species listed in (4)(b) in the same day; (E) It is unlawful to fish for any species in the Groundfish Group, including those listed in section (4)(h)(A), inside of the 40-fathom curve or with gear that is not long-leader gear as defined in section (4)(e)(F); and (F) Federal rules governing the long-leader fishery will supersede these rules to the extent of any inconsistency, including the definition of long-leader gear.(5) Take of abalone prohibited, twenty-four hours per day, in all Oregon waters until March 17, 2021.(6) All take of razor clams from the Clastsop beaches (Tillamook Head to the Columbia River) is prohibited from Novemeber 1, 2018 through February 29. 2019.Or. Admin. Code § 635-039-0095
DFW 141-2018, temporary adopt filed 09/18/2018, effective 09/19/2018 through 12/31/2018; DFW 151-2018, temporary adopt filed 09/27/2018, effective 10/01/2018 through 12/31/2018; DFW 164-2018, temporary adopt filed 10/23/2018, effective 11/1/2018Statutory/Other Authority: ORS 496.138, 496.146, 497.162 & 506.119
Statutes/Other Implemented: ORS 496.004, 496.009, 496.162 & 506.129