Or. Admin. Code § 635-004-0360

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

Section 635-004-0360 - Incidental Catch in Other Fisheries

A vessel may land black rockfish, blue rockfish, and nearshore species without a permit or endorsement required by OAR 635-004-0300 if the vessel operator:

(1) For only one landing per day, lands no more than 15 pounds of a combination of black rockfish, blue rockfish, deacon rockfish and nearshore species, as defined in OAR 635-004-0215, and if the black rockfish, blue rockfish, deacon rockfish and nearshore species:

(a) Make up 25 percent or less of the total poundage of the landing; and

(b) Are taken with legal groundfish fishing gear.

(2) Operates a vessel that holds a valid Black Rockfish/Blue Rockfish Permit without a Nearshore Endorsement and:

(a) For only one landing per day, lands no more than 15 pounds of nearshore species, as defined in OAR 635-004-0215;

(b) The nearshore species make up 25 percent or less of the total poundage of the landing; and

(c) The nearshore species are taken with gear that is legal to use in the Black Rockfish / Blue Rockfish / Nearshore Fishery.

(3) Operates a vessel in the ocean troll salmon fishery pursuant to ORS 508.801 to 508.825 and the vessel lands black rockfish, blue rockfish, deacon rockfish or a combination of black rockfish, blue rockfish, and deacon rockfish in the same landing in which the vessel lands a salmon under the permit required by ORS 508.801 to 508.825. The black rockfish, blue rockfish, and deacon rockfish landed under this subsection must be landed dead. A vessel that lands black rockfish, blue rockfish, or deacon rockfish under this section may land up to 100 pounds of black rockfish, blue rockfish, and deacon rockfish in aggregate, per landing. When the aggregate incidental catch of black rockfish, blue rockfish, and deacon rockfish in the salmon troll fishery reaches 3,000 pounds in a calendar year, a vessel that lands black rockfish, blue rockfish, or deacon rockfish under this section may not land more than 15 pounds of black rockfish, blue rockfish, and deacon rockfish in aggregate, per trip.

(4) Operates a vessel in the west coast groundfish trawl fishery pursuant to federal regulations and lands no more than 1,000 pounds of black rockfish, blue rockfish, and deacon rockfish in aggregate per calendar year, and if the black rockfish, blue rockfish, and deacon rockfish:

(a) Make up 25 percent or less of the total poundage of each landing; and

(b) Are landed dead.

(5) Is a nonprofit aquarium or has contracted with a nonprofit aquarium to land black rockfish, blue rockfish, deacon rockfish or nearshore fish for the purpose of displaying or conducting research on the black rockfish, blue rockfish, deacon rockfish or nearshore fish.

(6) Does not exceed trip limits as established in OAR 635-004-0355 and OAR 635-004-0365.

Or. Admin. Code § 635-004-0360

DFW 112-2003, f. & cert. ef. 11-14-03; DFW 138-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 123-2007(Temp), f. 11-26-07, cert. ef. 11-28-07 thru 12-31-07; DFW 128-2007, f. 12-13-07, cert. ef. 1-1-08; DFW 142-2008, f. & cert. ef. 11-21-08; Renumbered from 635-004-0170, DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12; DFW 136-2013, f. 12-19-13, cert. ef. 1-1-14; DFW 3-2016, f. & cert. ef. 1/19/2016

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129

Stats. Implemented: ORS 506.109 & 506.129