Current through Register Vol. 63, No. 3, March 1, 2024
(1)
This regulation lists a complete set of legal gear types and associated general
restrictions to take ocean food fish and Pacific halibut in the fisheries
specified in this Division. However, most individual fishery sections in this
Division contain additional gear regulations specific to those fisheries.
Fishers should consult the specific section of the fishery they are interested
in for additional regulations.
(2)
It is unlawful to possess, deploy, haul, or carry on board a fishing vessel any
fishing gear not listed in section (3) of this rule, or fishing gear not in
compliance with the restrictions listed in section (4) of this rule, unless
such gear is the gear of another vessel that has been retrieved at sea and made
inoperable or stowed in a manner not capable of being fished. The disposal at
sea of such gear is prohibited by Annex V of the International Convention for
the Prevention of Pollution From Ships, 1973 (Annex V of MARPOL
73/78).
(3) It is unlawful to take
food fish for commercial purposes by any means except:
(a) Hook-and-line gear, including, but not
limited to handline, pole-and-line, reel-and-line and
pole-reel-and-line;
(b) Longlines
and vertical hook and lines are permitted in the ocean;
(c) Pots or traps are permitted in the
ocean;
(d) Dipnets of hoop or
A-frame design;
(e) Troll gear is
permitted in the ocean;
(f) Seines
are permitted in the ocean for ocean food fish other than groundfish and for
the taking of herring, sardine, and anchovy from the following inland waters:
(A) Columbia River westerly of the U.S.
Highway 101 Astoria Bridge across the Columbia River;
(B) Tillamook Bay;
(C) Yaquina Bay;
(D) Alsea Bay;
(E) Winchester Bay; and
(F) Coos Bay.
(g) Trawl gear is permitted in the ocean for
ocean food fish;
(A) Trawl gear may not be
used with any other gear type on a single fishing trip.
(B) Trawl gear must meet the specifications
specified in the Code of Federal Regulations Title 50, Section
660.130.
(h) Set nets
with an experimental gear permit pursuant to OAR 635-006-0020; or
(i) Spear.
(4) Longline, vertical hook-and-line and pot
gear which is fixed or anchored to the bottom or drifting unattached to the
vessel have the following restrictions:
(a)
Gear shall not be left unattended for more than seven days;
(b) Longline and pot gear shall be marked at
the surface at each terminal end with a pole, flag, light, radar reflector, and
a buoy showing clear identification of the owner or vessel operator;
(c) Vertical hook-and-line gear that is
closely tended may be marked only with a single buoy of sufficient size to
float the gear. "Closely tended" means that a vessel is within visual sighting
distance or within 1/4 nautical mile as determined by electronic navigational
equipment, of its vertical hook-and-line gear; and
(d) Pot gear used for other than Dungeness
crab or hagfish shall have biodegradable escape panels constructed with #21 or
smaller, untreated cotton twine in such manner that an opening of at least
eight inches in diameter will result when the twine deteriorates.
(5) A buoy used to mark fixed gear
under subsection (3)(b) of this rule must be marked with a number clearly
identifying the owner or vessel operator. The number may be either:
(a) If required by applicable state law, the
vessel's number, the commercial fishing license number, or buoy brand number;
or
(b) The vessel documentation
number issued by the U.S. Coast Guard, or, for an undocumented vessel, the
vessel registration number issued by the state.
Statutory/Other Authority: ORS
506.036,
506.109,
506.119
& 506.129
Statutes/Other Implemented: ORS
506.109,
506.129
& 506.306
