Or. Admin. Code § 635-006-0140

Current through Register Vol. 63, No. 11, November 1, 2024

Section 635-006-0140 - Boat License

(1) A boat license is issued in accordance with ORS 508.035 and 508.260 of the commercial fishing laws and is required for the owner or operator of any boat used in taking food fish or shellfish for commercial purposes, except for the taking of clams or crayfish.

(2) A pair of decals bearing the last two numbers of the year for which the license is issued is included with the license for placement on the licensed boat. The license year decals shall be affixed to the licensed boat in a conspicuous place on each side of the boat on the superstructure as near midship as practicable.

(3) In accordance with subsection (3) of ORS 508.260, the assigned identification number of each licensed commercial fishing boat shall be as follows:

(a) The federal document number (all vessels five registered net tons and over);

(b) The state vessel registration number (all vessels not having a federal document number).

(4) Licensed commercial fishing boats which are federally documented shall have the document identification number displayed on each side of the boat adjacent to the current year license decal in not less than 3-inch high block numbers either placed on the boat or on an identification plate attached to the boat.

(5) Licensed commercial fishing boats which are state registered shall have their identification number displayed on each side of the bow as required by the appropriate laws or rules for displaying such number.

(6) Except as authorized by OAR 635-006-0132 or for fishers having a current Oregon Wholesale Fish Dealer license and Fish Buyer license, it is unlawful to transfer or sell commercially caught food fish, shellfish, or parts thereof, from a commercial fishing vessel to other than an Oregon Wholesale Fish Dealer or Fish Bait Dealer.

(7) As a license condition, owners or operators of commercial fishing vessels must cooperate with Department or Federal fishery observers, or observers collecting data for the Department or Federal agency, when asked, by the Department, to carry and accommodate an observer on fishing trips at no charge to the sponsoring agency.

(a) If observer coverage of a trip is denied by the owner or operator of a vessel, the Department shall require an explanation in writing from the owner or operator. This explanation shall be received by the Department within 15 days of written request by the Department for an explanation.

(b) The Department may request that the Commission revoke fishing permits or licenses for failure to cooperate in the observer program, after first allowing the owner or operator to meet with the Manager of the Marine Resources Program, or their representative, to provide an explanation for the denial.

(c) The Department shall not require the vessel operator or owner to provide an observer with meals or a subsistence allowance on observed fishing trips, but the vessel operator shall accommodate the observer with regard to reasonable eating and working conditions and access to pertinent fishing information and fishery data while aboard the vessel.

(d) Failure to provide reasonable eating and working conditions or access to pertinent fishing information or fishery data to observers, or actions taken by a vessel owner or operator against an observer that is prohibited pursuant to subsection (e), on observed fishing trips may lead to revocation of the vessel's fishing permits or licenses following the procedure outlined in subsection (b) above.

(e) To ensure that observer objectives may be reasonably and safely achieved, consistent with federal groundfish observer rules, it is unlawful for any person to:

(A) Forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with an observer;

(B) Interfere with or bias the sampling procedure employed by an observer, including physical, mechanical, or other sorting or discarding of any catch before sampling;

(C) Tamper with, destroy or discard an observer's collected samples, equipment, or personal gear, without the express consent of the observer;

(D) Prohibit or bar by command, impediment, threat, coercion, or refusal of reasonable assistance, an observer collecting samples, making observations, or otherwise performing the observers duties;

(E) Harass an observer by conduct that has sexual connotations, has the purpose or effect of interfering with the observer's work performance, or otherwise creates an intimidating, hostile or offensive environment; or

(F) Require, pressure, coerce, or threaten an observer to perform duties normally performed by crew members.

Or. Admin. Code § 635-006-0140

FC 246, f. 5-5-72, ef. 5-15-72; FWC 26, f. 11-28-75, ef. 1-1-76, Renumbered from 625-040-0060, Renumbered from 635-036-0540; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; DFW 38-1999, f. & cert. ef. 5-24-99; DFW 97-1999, f. 12-27-99, cert. ef. 1-1-00; DFW 128-2003, f. 12-15-03, cert. ef. 1-1-04; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12

Stat. Auth.: ORS 506.036, 506.109, 506.119, 506.129, 508.025 & 508.035

Stats. Implemented: ORS 506.109, 506.129, 506.306, 508.025, 508.035 and 508.260