1. (1) For the purposes of this rule, unless context requires otherwise, the following definitions apply:

   1. (a) “Biotoxin management zone” means one or more harvest areas that due to test results the Oregon Department of Agriculture, in order to protect public health from domoic acid or other biotoxin concerns, has so designated in accordance with OAR 603-025-0410.
   2. (b) “Harvest area” means a section of waters of this state or the Pacific Ocean off Oregon delineated for crab traceability purposes in accordance with OAR 635-006-0201.

2. (2) During any open commercial Dungeness crab season, if a biotoxin management zone is designated due to a single crab sample result at or above 20 parts per million (ppm) in the meat, it is unlawful to:

   1. (a) Land Dungeness crab taken for commercial purposes from or into a harvest area within a biotoxin management zone that an affected crab sample was taken from starting at 12:01 a.m. on the date of harvest of the affected sample; and
   2. (b) Land crab taken for commercial purposes from any harvest area within a biotoxin management zone where all crab samples were below 20 ppm in the meat unless the conditions set forth in OAR 603-025-0410(6) are met, starting at 12:01 a.m. on the date that test results are issued.

3. (3) During any open commercial Dungeness crab season, it is unlawful to land Dungeness crab taken for commercial purposes from any biotoxin management zone that was so designated due to a single crab sample result at or above 30 ppm in the viscera and below 20 ppm in the meat unless the conditions set forth in OAR 603-025-0410(6) are met, starting from:

   1. (a) 12:01 a.m. on the date of harvest of the crab sample that was at or above 30 ppm in the viscera and below 20 ppm in the meat, if the landed Dungeness crab taken for commercial purposes was taken from a harvest area where such result was taken; or
   2. (b) 12:01 a.m. on the date that test results are issued, if the Dungeness crab taken for commercial purposes was not taken from a harvest area where a crab sample result was at or above 30 ppm in the viscera and below 20 ppm in the meat.

4. (4) Unless the conditions set forth in OAR 603-025-0426 are met, it is unlawful to land crab taken for commercial purposes that:

   1. (a) Is not harvested in the waters of this state or the Pacific Ocean off Oregon; and
   2. (b) Is harvested from an area in which crab viscera samples that were tested under the authority of the responsible state agency showed domoic acid levels of 30 ppm or higher.

Statutory/Other Authority

ORS 506.036, ORS 506.109, ORS 506.119 & ORS 506.129

Statutes/Other Implemented

ORS 506.109 & ORS 506.129

History

DFW 173-2021, amend filed 11/29/2021, effective 11/29/2021
DFW 23-2021, temporary amend filed 03/03/2021, effective 03/03/2021 through 08/06/2021
DFW 12-2021, temporary amend filed 02/12/2021, effective 02/12/2021 through 08/06/2021
DFW 131-2020, amend filed 09/25/2020, effective 09/25/2020
DFW 149-2019, adopt filed 09/30/2019, effective 10/01/2019