Or. Admin. Code § 635-042-0010
Current through Register Vol. 63, No. 12, December 1, 2024
Section 635-042-0010 - [Effective until 12/31/2024] Fishing Gear(1) As used in these Columbia River fishing rules, gill net includes drift gill net, floater gill net, diver gill net, and is a monofilament or multifilament mesh net with a cork and lead line which is in a position to drift with the tide or current at all times while it is being fished. There must be sufficient buoyancy in the corks and/or floats on the cork line so the net is free to drift with the current. The lead or weight on the lead line of a gill net shall not exceed two pounds in total weight on any one fathom, measurement to be taken along the cork line of the net. However, should extra or added weights appear necessary to operate a net, permission to use in excess of two pounds weight per fathom of net may be granted by the Director upon written application which includes adequate justification for the additional leads or weights. 0 nets are similar in design to drift gill nets but construction of the main net body is limited to single-wall multifilament web with a reduced mesh size. For tangle nets, red corks are required at 25-fathom intervals, and must be in contrast to the corks used in the remainder of the net.(2) It is unlawful: (a) For a gill net or tangle net in whole or in part to be anchored, tied, staked, fixed, or attached to the bottom, shore, or a beached boat; left unattended at any time it is fished; or attended by more than one boat while being fished;(b) To take any species of salmon from the Columbia River for commercial purposes by any means other than by gill net, beach seine, or purse seine or tangle net, except when authorized;(c) To fish more than one gill net, seine, or tangle net from a licensed commercial fishing boat at any one time;(d) To fish with or have on the boat while fishing a gill net which exceeds 1,500 feet in length;(e) To fish with or have on the boat while fishing any gill net or tangle net of a mesh size not authorized for use at that time, except:(A) During December 1-March 31:(i) While fishing during open salmon and/or sturgeon seasons, smelt gill nets with a mesh size not more than two inches may be onboard the boat; and(ii) While fishing during open smelt seasons, gill nets with a mesh size greater than two inches may be onboard the boat.(B) Nets with a minimum mesh size of 9.0 inches may be onboard the boat.(C) When specifically authorized, nets not lawful for use at that time and area may be onboard the boat if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater.(f) Fish with or have on the boat while fishing any gill net of a mesh size greater than 9-3/4 inches, except that snagging nets as described in ORS 509.240 are permitted;(g) Fish with or have on the boat while fishing a gill net or tangle net which does not meet the construction requirements for a gill net as set forth in section (1) of this rule, except while fishing during the Tongue Point Select Area Salmon Season (OAR 635-042-0170) gill nets with leadline in excess of two pounds per fathom may be stored on the boat.(3) The mesh size of any gill net is determined only after the meshes are wet from soaking in water not less than one hour. Three consecutive meshes are then placed under ten pounds of vertical tension and the measurement is taken from the inside of one vertical knot to the outside of the opposite vertical knot of the center mesh. For tangle nets, mesh size is determined by placing three consecutive meshes under hand tension and the measurement is taken from the inside of one knot to the inside of the opposite knot of the center mesh. Hand tension means sufficient linear tension to draw opposing knots of meshes into contact.(4) As used in these rules, "slackers" means a single piece of material or cord, not webbing or mesh, connected vertically or woven in the mesh of the net between the cork and lead lines. It is used to tie netting in a shortened state to give the net surface flexibility.(5) Nets fished any time between official sunset and sunrise must have lighted buoys on both ends of the net. If the net is attached to the boat, then one lighted buoy on the end of the net opposite the boat is required.(6) The use of a "chafing strip panel" attached to the bottom of the net is allowed. A "chafing strip panel" consists of no more than 60 inches of non-mono-filament webbing (such as nylon seine web or polyethylene trawl web) with a maximum mesh size of 3.5 inches. There are no restrictions associated with hangings used to connect the net to the chafing panel or the net or chafing panel to the leadline or corkline.Or. Admin. Code § 635-042-0010
FWC 85, f. & ef. 1-28-77; FWC 2-1978, f. & ef. 1-31-78; FWC 7-1978, f. & ef. 2-21-78; FWC 23-1978, f. & ef. 5-478; FWC 2-1979, f. & ef. 1-25-79, Renumbered from 635-035-0110; FWC 6-1980, f. & ef. 1-28-80; FWC 1-1981, f. & ef. 1-19-81; FWC 13-1981, f. & ef. 4-3-81; FWC 6-1982, f. & ef. 1-28-82; FWC 4-1984, f. & ef. 1-31-84; FWC 2-1985, f. & ef. 1-30-85; FWC 79-1986(Temp), f. & ef. 12-22-86; FWC 2-1987, f. & ef. 1-23-87; FWC 11-1993, f. 2-11-93, cert. ef. 2-16-93; FWC 9-1994, f. 2-14-94, cert. ef. 2-15-94; DFW 8-1998(Temp), f. & cert. ef. 2-5-98 thru 2-28-98; DFW 14-1998, f. & cert. ef. 3-3-98; DFW 42-2000, f. & cert. ef. 8-3-00; DFW 9-2007, f. & cert. ef. 2-14-07; DFW 13-2007(Temp), f. & cert. ef. 3-6-07 thru 9-1-07; Administrative correction 9-16-07; DFW 10-2008, f. & cert. ef. 2-11-08; DFW 23-2011, f. & cert. ef. 3-21-11; DFW 108-2016(Temp), f. 8-17-16, cert. ef. 8-22-16 thru 9-30-16; DFW 6-2019, amend filed 01/23/2019, effective 1/23/2019; DFW 65-2024, temporary amend filed 08/01/2024, effective 8/1/2024 through 12/31/2024Statutory/Other Authority: ORS 183.325, ORS 506.109 & ORS 506.119
Statutes/Other Implemented: ORS 506.129 & ORS 507.030