OAR 635-004-0555
Scope, Inclusion, and Modification of Rules
(1)
The commercial highly migratory species fishery in the Pacific Ocean off Oregon is jointly managed by the state of Oregon and the federal government through the Pacific Fishery Management Council process. The Code of Federal Regulations provides federal requirements for this fishery, including but not limited to the time, place, and manner of taking highly migratory species. However, additional regulations may be promulgated subsequently by publication in the Federal Register, and these supersede, to the extent of any inconsistency, the Code of Federal Regulations. Therefore, the following publications are incorporated into Oregon Administrative Rule by reference:(a)
Code of Federal Regulations, Part 660, Subpart K, (October 1, 2011 ed.); and(b)
Federal Register Vol. 76, No. 177, dated September 13, 2011 (76 FR 56327).(2)
Persons must consult the federal regulations in addition to Division 004 to determine all applicable highly migratory species fishing requirements. The area that federal regulations apply to is hereby extended to the area from shore to three nautical miles from shore, coterminous with the Exclusive Economic Zone.(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 635-004-0205 (Licensing Requirements) through 635-004-0235 (Fishing Gear) and 635-004-0560 (Albacore Tuna Fishery Defined) through 635-004-0570 (Exemption to Far Offshore Fishery Restriction) for additions or modifications to federal highly migratory species regulations.
Source:
Rule 635-004-0555 — Scope, Inclusion, and Modification of Rules, https://secure.sos.state.or.us/oard/view.action?ruleNumber=635-004-0555
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