Or. Admin. Code § 635-005-0490

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

Section 635-005-0490 - Derelict Dungeness Crab Gear

Derelict Dungeness crab gear may be retrieved from the ocean, including the Columbia River, and transported to shore provided that:

(1) The retrieving vessel holds a valid boat license, issued pursuant to ORS 508.260, and the captain and crew of that vessel hold valid commercial fishing license(s), issued pursuant to ORS 508.235.

(2) The number of derelict Dungeness crab gear which may be retrieved per trip are as follows:

(a) From the opening of the ocean Dungeness crab fishery in the area where retrieval takes place until the second Monday in June of the same ocean Dungeness crab season: 25 derelict pots and rings in aggregate;

(b) From the second Monday in June through August 14: 50 derelict pots and rings in aggregate;

(c) August 15 through October 31: an unlimited number of derelict pots and rings may be retrieved;

(d) Under a waiver granted by the Department, the amount of derelict gear specified on the waiver provided that:

(A) The vessel is operating under a state contract to recover derelict gear;

(B) A waiver request is submitted to the Department in writing;

(C) The waiver is approved and issued prior to retrieval efforts;

(D) A copy of the waiver is on board the vessel during all gear recovery activities; and

(E) The vessel operator complies with all terms and conditions of the waiver.

(3) Upon retrieval from the ocean or Columbia River, the Dungeness crab gear must be un-baited.

(4) Crab from the retrieved Dungeness crab gear shall not be retained, except crab of legal size and sex may be retained by vessels holding a valid Dungeness crab permit, from the starting date through August 14 of each Dungeness crab season. Crab shall not be retained from Dungeness crab gear that is retrieved from within the boundaries of a marine reserve under any circumstances (OAR 635-012-0050).

(5) Immediately upon retrieval of Dungeness crab gear, the retrieving vessel operator must document in the retrieving vessel's logbook the date and time of pot or ring retrieval, number of retrieved crab pots or rings in aggregate, location of retrieval, and retrieved Dungeness crab gear owner identification information.

(6) Any retrieved Dungeness crab gear must be transported to shore during the same fishing trip that retrieval took place.

Or. Admin. Code § 635-005-0490

DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12; DFW 95-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 08/31/2019; DFW 65-2020, temporary amend filed 06/04/2020, effective 07/01/2020 through 08/31/2020; DFW 131-2020, amend filed 09/25/2020, effective 9/25/2020; DFW 40-2022, temporary amend filed 05/03/2022, effective 05/03/2022 through 08/14/2022; DFW 79-2023, amend filed 08/08/2023, effective 8/8/2023; DFW 36-2024, temporary amend filed 05/24/2024, effective 5/25/2024 through 8/14/2024; 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