Or. Admin. R. 635-004-0585
Current through Register Vol. 63, No. 8, August 1, 2024
Section 635-004-0585 - Scope, Inclusion, and Modification of Pacific Halibut Fishery Rules(1) The commercial Pacific halibut fishery in the Pacific Ocean off Oregon is jointly managed by the state of Oregon, the federal government, and the International Pacific Halibut Commission (IPHC). The Code of Federal Regulations provides federal requirements for this fishery, including but not limited to the time, place, and manner of taking Pacific halibut. However, additional federal regulations may be promulgated subsequently by publication in the Federal Register, and these supersede, to the extent of any inconsistency, the Code of Federal Regulations. Therefore, the following publications are incorporated into Oregon Administrative Rule by reference:(a) Code of Federal Regulations, Part 660, Subpart E, (October 1, 2023 ed.);(b) Federal Register Vol. 89, No. 53, dated Monday, March 18, 2024; and(c) Federal Register Vol. 89, No. 65, dated Wednesday, April 3, 2024.(2) Persons must consult the federal regulations in addition to Division 004 to determine all applicable Pacific halibut fishing requirements. The area that federal regulations apply to is hereby extended to the area from shore to three nautical miles from shore, coterminous with the Exclusive Economic Zone.(3) The Commission may adopt additional or modified regulations that are more conservative than federal regulations, in which case Oregon Administrative Rule takes precedence.(4) It is unlawful to take Pacific halibut for commercial purposes except as set by federal regulations and the IPHC and in accordance with a valid permit issued by the IPHC.Or. Admin. R. 635-004-0585
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12; DFW 32-2013, f. & cert. ef. 5-14-13; DFW 36-2014, f. 4-29-14, cert. ef. 5-1-14; DFW 34-2015, f. & cert. ef. 4/28/2015; DFW 35-2016, f. & cert. ef. 4/26/2016; DFW 46-2017, f. & cert. ef. 4/24/2017; DFW 73-2018, amend filed 06/20/2018, effective 6/20/2018; DFW 51-2019, amend filed 04/30/2019, effective 4/30/2019; DFW 54-2020, temporary amend filed 05/07/2020, effective 05/07/2020 through 10/25/2020; DFW 51-2021, amend filed 04/23/2021, effective 4/24/2021; DFW 78-2021, minor correction filed 06/16/2021, effective 6/16/2021; DFW 46-2022, amend filed 05/10/2022, effective 5/10/2022; DFW 35-2023, amend filed 04/24/2023, effective 4/24/2023; DFW 28-2024, amend filed 04/23/2024, effective 4/23/2024Publications: Publications referenced are available from the Department.
Statutory/Other Authority: ORS 496.138, ORS 496.162, ORS 506.119 & ORS 506.129
Statutes/Other Implemented: ORS 506.109 & ORS 496.012