1. (1) Shared Ecosystem Component Species, as defined in OAR 635-004-0215, in the Pacific Ocean off Oregon are jointly managed by the state of Oregon and the federal government through the Pacific Fishery Management Council process. Therefore, the Code of Federal Regulations, Part 660, Subpart B, (October 1, 2016 ed.) is incorporated into Oregon Administrative Rule by reference. The Code of Federal Regulations provides federal requirements, including but not limited to prohibitions on directed fishing and at-sea processing for these species. For the purposes of this rule, directed fishing is defined as:

   1. (a) Landing Shared Ecosystem Component Species without landing any other species;
   2. (b) Landing more than 10 metric tons of Shared Ecosystem Componenent Species in aggregate from any fishing trip; or
   3. (c) Landing more than 30 metric tons of Shared Ecosystem Component Species in aggregate within a calendar year.
2. (2) The geographic scope of those federal regulations cited in section (1) of this rule is hereby extended to the waters of this state from the head of tide of inland waters to three nautical miles offshore in the Pacific Ocean, except the Columbia River as defined in OAR 635-003-0005, and apply to fishing trips conducted from vessels entirely within these waters.

3. (3) The Commission may adopt additional or modified regulations that are more conservative than federal regulations, in which case Oregon Administrative Rule takes precedence. See OAR 635-005-0230 through 635-005-0275 and 635-004-0545 for additions or modifications to federal forage fish regulations.

   [Publications: Publications referenced are available from the Agency.]

Statutory/Other Authority

ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129

Statutes/Other Implemented

ORS 496.162, 506.109 & 506.129

History

DFW 149-2016, f. 12-7-16, cert. ef. 1-1-17