Or. Admin. Code § 635-005-0466

Current through Register Vol. 63, No. 12, December 1, 2024

Section 635-005-0466 - Dungeness Crab Closure or Evisceration Requirement Based on Biotoxin Testing

(1) For the purposes of this rule, unless context requires otherwise, the following definitions apply:

(a) "Biotoxin management zone" means one or more harvest areas that due to test results the Oregon Department of Agriculture, in order to protect public health from domoic acid or other biotoxin concerns, has so designated in accordance with OAR 603-025-0410.

(b) "Harvest area" means a section of waters of this state or the Pacific Ocean off Oregon delineated for crab traceability purposes in accordance with OAR 635-006-0201.

(2) During any open commercial Dungeness crab season, if a biotoxin management zone is designated due to a single crab sample result at or above 20 ppm in the meat, it is unlawful to:

(a) Land Dungeness crab taken for commercial purposes from or into a harvest area within a biotoxin management zone that an affected crab sample was taken from starting at 12:01 on the date of harvest of the affected sample; and

(b) Land crab taken for commercial purposes from any harvest area within a biotoxin management zone where all crab samples were below 20 ppm in the meat unless the conditions set forth in OAR 603-025-0410(6) are met, starting at 12:01 am on the date that test results are issued.

(3) During any open commercial Dungeness crab season, it is unlawful to land Dungeness crab taken for commercial purposes from any biotoxin management zone that was so designated due to a single crab sample result at or above 30 ppm in the viscera and below 20 ppm in the meat unless the conditions set forth in OAR 603-025-0410(6) are met, starting from:

(a) 12:01 am on the date of harvest of the crab sample that was at or above 30 ppm in the viscera and below 20 ppm in the meat, if the landed Dungeness crab taken for commercial purposes was taken from a harvest area where such result was taken; or

(b) 12:01 am on the date that test results are issued, if the Dungeness crab taken for commercial purposes was not taken from a harvest area where a crab sample result was at or above 30 ppm in the viscera and below 20 ppm in the meat.

Or. Admin. Code § 635-005-0466

DFW 149-2019, adopt filed 09/30/2019, effective 10/1/2019; DFW 131-2020, amend filed 09/25/2020, effective 9/25/2020

Statutory/Other Authority: ORS 506.036, ORS 506.109, ORS 506.119 & ORS 506.129

Statutes/Other Implemented: ORS 506.109 & ORS 506.129