Or. Admin. Code § 635-004-0235

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

Section 635-004-0235 - Fishing Gear

(1) This regulation lists a complete set of legal gear types and associated general restrictions to take ocean food fish and Pacific halibut in the fisheries specified in this Division. However, most individual fishery sections in this Division contain additional gear regulations specific to those fisheries. Fishers should consult the specific section of the fishery they are interested in for additional regulations.

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

(3) It is unlawful to take food fish for commercial purposes by any means except:

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

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

(c) Pots or traps are permitted in the ocean;

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

(e) Troll gear is permitted in the ocean;

(f) Seines are permitted in the ocean for ocean food fish other than groundfish and for the taking of herring, sardine, and anchovy from the following inland waters:

(A) Columbia River westerly of the U.S. Highway 101 Astoria Bridge across the Columbia River;

(B) Tillamook Bay;

(C) Yaquina Bay;

(D) Alsea Bay;

(E) Winchester Bay; and

(F) Coos Bay.

(g) Trawl gear is permitted in the ocean for ocean food fish;

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

(B) Trawl gear must meet the specifications specified in the Code of Federal Regulations Title 50, Section 660.130.

(h) Set nets with an experimental gear permit pursuant to OAR 635-006-0020; or

(i) Spear.

(4) Longline, vertical hook-and-line and pot gear which is fixed or anchored to the bottom or drifting unattached to the vessel have the following restrictions:

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

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

(c) Vertical hook-and-line gear that is closely tended may be marked only with a single buoy of sufficient size to float the gear. "Closely tended" means that a vessel is within visual sighting distance or within 1/4 nautical mile as determined by electronic navigational equipment, of its vertical hook-and-line gear; and

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

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

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

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

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

Or. Admin. Code § 635-004-0235

FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-010-0555; FWC 166, f. & ef. 12-23-77; FWC 34-1979, f. & ef. 8-22-79, Renumbered from 635-036-0280; FWC 10-1983, f. & ef. 3-1-83; FWC 103-1988, f. 12-29-88, cert. ef. 1-1-89; FWC 123-1989, f. 12-19-89, cert. ef. 1-1-90; FWC 112-1990, f. 10-3-90, cert. ef. 10-5-90; FWC 141-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 45-1995, f. & cert. ef. 6-1-95; FWC 51-1995, f. 6-16-95, cert. ef. 6-19-95; FWC 71-1996, f. 12-31-96, cert. ef. 1-1-97; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 157-2010, f. 12-6-10, cert. ef. 1-1-11; Renumbered from 635-004-0035, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12; DFW 147-2019, amend filed 09/30/2019, effective 1/1/2020; DFW 79-2024, amend filed 09/16/2024, effective 9/16/2024

Statutory/Other Authority: ORS 506.119 & ORS 506.129

Statutes/Other Implemented: ORS 506.129 & ORS 506.109