Or. Admin. R. 635-005-0845

Current through Register Vol. 63, No. 9, September 1, 2024

Section 635-005-0845 - Prohibitions

(1) It is unlawful for commercial purposes to take, land or possess sea urchins or California sea cucumbers:

(a) Where more than two divers were in the water off any one vessel at the same time;

(b) Where more than two persons without permits, excluding persons authorized by the Department for the performance of official duties, were on board any vessel while harvesting, possessing, or transporting sea urchins or California sea cucumbers;

(c) Unless the vessel displays the vessel's federal document or Marine Board numbers on a weather deck so as to be visible from above. The number shall contrast with the background and be in block Arabic numerals at least 18 inches high for vessels over 65 feet in length and at least ten inches high for vessels 65 feet or less. The operator of the vessel shall keep the identifying markings clearly legible and in good repair, and shall ensure that no part of the vessel, its rigging, or its fishing gear obstructs the view of the vessel number from an enforcement vessel or aircraft.

(2) For each trip, any permit holder shall clearly identify and keep separate until processed all sea urchins or California sea cucumbers taken by that permit holder.

(3) Notwithstanding any other provision in these regulations, no person other than the holder of a current Sea Urchin and Sea Cucumber Permit issued by the Department is allowed to dive in the water to take sea urchins or California sea cucumbers or to otherwise assist, while submerged, in the harvest of sea urchins or California sea cucumbers.

(4) Use of any gas mixture other than atomospheric air for diving is prohibited when taking sea urchins or California sea cucumbers. Tanks containing gas mixtures other than atmospheric air and capable of being used for diving may not be aboard vessels while operating under a Sea Urchin and Sea Cucumber Permit, except that tanks of oxygen may be aboard vessels for emergency use above water.

Or. Admin. R. 635-005-0845

DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12; DFW 19-2016, f. 3-23-16, cert. ef. 4/1/2016

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

Stats. Implemented: ORS 506.109, 506.129, 506.306