OAR 635-005-0240
Definitions

As used in Division 005 regulations:
(1) “Animals living intertidally on the bottom” means any benthic animal with a natural range that includes intertidal areas, regardless of where harvest occurs, and includes but is not limited to, starfish, sea urchins, sea cucumbers, snails, bivalves, worms, coelenterates, and crabs except Dungeness crab.
(2) “Bait” means food fish not harvested for human consumption.
(3) “Board” means the Commercial Fishery Permit Board.
(4) “Buy” includes offer to buy, barter, exchange or trade.
(5) “Catastrophic loss” means direct loss of non-deployed gear in the event of a vessel being destroyed due to fire, capsizing, or sinking. Documentation of a catastrophic loss may include any information the Department considers appropriate, such as fire department or US Coast Guard reports.
(6) “Commercial landing cap” means the total landed catch of a given species, or species group, that may be taken in a single calendar year in Oregon commercial fisheries.
(7) “Commercial purposes” means taking food fish with any gear unlawful for angling, or taking or possessing food fish in excess of the limits permitted for personal use, or taking, fishing for, handling, processing, or otherwise disposing of or dealing in food fish with the intent of disposing of such food fish or parts thereof for profit, or by sale, barter or trade, in commercial channels, as specified in ORS 506.006 (General definitions).
(8) “Commission” means the State Fish and Wildlife Commission created by ORS 496.090 (State Fish and Wildlife Commission).
(9) “Crab pot” means any portable, enclosed device used to take crab with one or more gates or entrances that allows crab restricted entry and exit, and has a line attached to surface floats.
(10) “Crab ring” means any fishing device used to take crab that allows crab unrestricted entry or exit while fishing, and has a line attached to surface floats.
(11) “Department” means the State Department of Fish and Wildlife.
(12) “Derelict Dungeness crab gear” means Dungeness crab gear which was lost, forgotten, damaged, abandoned or otherwise deserted.
(13) “Director” means the Director of the Oregon Department of Fish and Wildlife appointed pursuant to ORS 496.112 (State Fish and Wildlife Director).
(14) “Dive gear” means gear used while a fisher is submerged underwater in order to take food fish, and includes but is not limited to one or more of the following equipment: SCUBA or other surface supplied air source (hookah gear), dive mask, snorkel, air cylinders, weight belt, wetsuit and fins.
(15) “Dungeness crab gear” means crab pots, crab rings or a combination thereof used for taking Dungeness crab.
(16) “Exclusive Economic Zone” means the zone between 3-200 nautical miles offshore of the United States.
(17) “Fishing gear” means, as specified in ORS 506.006 (General definitions), any appliance or device intended for or capable of being used to take food fish for commercial purposes, and includes:
(a) “Fixed gear” means longline, trap or pot, set net, and stationary hook-and-line (including vertical hook-and-line) gears;
(b) “Gillnet” has the meaning as set forth in OAR 635-042-0010 (Fishing Gear);
(c) “Hook-and-line” means one or more hooks attached to one or more lines;
(d) “Lampara net” means a surrounding or seine net with the sections of netting made and joined to create bagging, and is hauled with purse rings;
(e) “Longline” means a stationary buoyed, and anchored groundline with hooks attached;
(f) “Mesh size” means the opening between opposing knots. Minimum mesh size means the smallest distance allowed between the inside of one knot to the inside of the opposing knot regardless of twine size;
(g) “Pot or trap” means a portable, enclosed device with one or more gates or entrances and one or more lines attached to surface floats;
(h) “Purse seine” means a floated and weighted encircling net that is closed by means of a purse line threaded through rings attached to the bottom of the net. Purse seine gear includes, but is not limited to, ring net, drum purse seine, and lampara nets;
(i) “Seine” means any non-fixed net other than a trawl or gillnet and includes all types of purse seines;
(j) “Setline” means a bottom longline used in rivers and estuaries for targeting white sturgeon;
(k) “Set net” means a stationary, buoyed and anchored gillnet or trammel net which takes fish commonly by gilling and is not free to move or drift with the current or tide;
(l) “Spear” means a sharp, pointed, or barbed instrument on a shaft;
(m) “Trammel net” means a gillnet made with two or more walls joined to a common float line;
(n) “Trawl gear” means a cone or funnel-shaped net which is towed or drawn through the water by one or two vessels, and includes but is not limited to beam trawl, bobbin or roller trawl, bottom trawl, pelagic trawl and Danish and Scottish seine gear;
(o) “Troll” means fishing gear that consists of one or more lines that drag hooks with bait or lures behind a moving fishing vessel, and which lines are affixed to the vessel and are not disengaged from the vessel at any time during the fishing operation; and
(p) “Vertical hook and line” means a line attached to the vessel or to a surface buoy vertically suspended to the bottom by a weight or anchor, with hooks attached between its surface and bottom end.
(18) “Fishing trip” means a dock-to-dock transit during which fishing for commercial purposes occurs, and is followed by a landing.
(19) “Food Fish” means any animal over which the State Fish and Wildlife Commission has jurisdiction pursuant to ORS 506.036 (Jurisdiction of commission).
(20) “Groundfish” means all species of ocean food fish defined as groundfish in the Pacific Coast Groundfish Fishery Management Plan and in the Federal Groundfish Regulations, Title 50, Part 660 (See OAR 635-004-0240 (Far Offshore Fishery Defined)).
(21) “Intertidal” means the area in Oregon coastal bays, estuaries, and beaches between mean extreme low water and mean extreme high water boundaries.
(22) “Land, Landed or Landing” means either of the following:
(a) For fisheries where food fish were taken by use of a vessel, “land, landed or landing” means to begin transfer of food fish from a vessel. Once transfer begins, all food fish on board the vessel are counted as part of that landing, except anchovies being held live on a vessel for the purpose of using for bait in that vessel’s commercial fishing operation; and
(b) For fisheries where food fish were taken without use of any vessel, “land, landed or landing” means to begin transfer of food fish from a harvester to a wholesale fish dealer, wholesale fish bait dealer, or food fish canner, under which the following provisions apply:
(A) When the harvester and the wholesale fish dealer, wholesale fish bait dealer, or food fish canner are the same person or entity, transfer occurs when the food fish arrive at the licensed premises of the wholesale fish dealer, wholesale fish bait dealer, or food fish canner; and
(B) Once transfer begins, all food fish from the harvest area are counted as part of that landing.
(23) “Length” or “Overall Length” of a vessel means the manufacturer’s specification of overall length, United States Coast Guard or Marine Board registered length documentation stating overall length or overall length as surveyed by a certified marine surveyor. In determining overall length, marine surveyors shall measure in a straight line parallel to the keel from the foremost part of the vessel to the aftermost part, excluding sheer and excluding bow sprits, boomkins, rudders aft of the transom, outboard motor brackets, or transom extensions as in a dive step or platform.
(24) “Ocean Dungeness Crab fishing season” means the period normally from December 1 of one year through August 14 of the next year and is specific to the ocean Dungeness crab fishery. In periods where a season delay occurs, “ocean Dungeness crab fishing season” means from the date the fishery opens to the following August 14.
(25) “Oyster” includes oysters, oyster seed, oyster cultch, and oyster shell.
(26) “Pacific Ocean” means all water seaward of the end of the jetty or jetties of any river, bay, or tidal area, except the Columbia River boundary with the Pacific Ocean is as specified in OAR 635-003-0005 (Area), or all water seaward of the extension of the shoreline high watermark across the river, bay, or tidal area where no jetties exist.
(27) “Permit holder” means a person or entity that owns an individual permit or owns the vessel to which a vessel permit is attached. A lessee of a permit is not a permit holder.
(28) “Possession” means holding any food fish, shellfish or parts thereof in a person’s custody or control.
(29) “Process or Processing” means fresh packaging requiring freezing of food fish, or any part thereof, or any type of smoking, reducing, loining, steaking, pickling or filleting. Cooking crab is not considered processing.
(30) “Replacement vessel” is a vessel purchased to replace a Limited Entry permitted vessel which has been lost due to fire, capsizing, sinking or other event.
(31) “Resident” means an actual bona fide resident of this state for at least one year, as specified in ORS 508.285 (License fees).
(32) “Salmon” means all anadromous species of salmon, including but not limited to:
(a) Oncorhynchus gorbuscha, commonly known as humpback, humpies or pink salmon.
(b) Oncorhynchus keta, commonly known as chum or dog salmon.
(c) Oncorhynchus kisutch, commonly known as coho or silver salmon.
(d) Oncorhynchus nerka, commonly known as sockeye, red or blueback salmon.
(e) Oncorhynchus tshawytscha, commonly known as Chinook salmon.
(33) “Security interest” means an interest in a vessel or permit granted by the owner of the vessel or permit to a third party under a security agreement, pursuant to ORS chapter 79, another state’s laws enacted to implement Article 9 of the Uniform Commercial Code or equivalent federal statutory provisions for federally documented vessels.
(34) “Sell” includes to offer or possess for sale, barter, exchange or trade.
(35) “Shared Ecosystem Component Species” means those ecosystem component species shared between all of the Pacific Fishery Management Council’s Fishery Management Plans which occur in the Pacific Ocean off Oregon and include:
(a) Mesopelagic fishes of the families Myctophidae, Bathylagidae, Paralepididae, and Gonostomatidae;
(b) Pacific sand lance (Ammodytes hexapterus);
(c) Pacific saury (Cololabis saira);
(d) Silversides of the family Atherinopsidae;
(e) Smelts of the family Osmeridae; and
(f) Pelagic squids of the families Cranchiidae, Gonatidae, Histioteuthidae, Octopoteuthidae, Ommastrephidae except Humboldt squid (Dosidicus gigas), Onychoteuthidae, and Thysanoteuthidae.
(36) “Shellfish Sanitation Certificate” means a license required by Oregon Department of Agriculture to engage in business of harvesting, distributing or processing of oysters, clams, mussels and scallops for human consumption.
(37) “Special Regulation Marine Areas” means specific areas described in OAR 635-039-0090 (Inclusions and Modifications) and the “Oregon Sport Fishing Regulations,” which includes all Marine Gardens, Subtidal Research Reserves, Intertidal Research Reserves, Habitat Refuges, and other areas closed to designated activities.
(38) “Take” means fish for, hunt, pursue, catch, capture or kill or attempt to fish for, hunt, pursue, catch, capture or kill.
(39) “Transport” means transport by any means, and includes offer or receive for transportation.
(40) “Trip limit” means the total amount of fish that may be taken and retained, possessed, or landed per vessel from a single fishing trip or cumulatively per unit of time. A vessel which has landed its cumulative or daily limit may continue to fish on the limit for the next legal period as long as the fish are not landed until the next period. Trip limits may be:
(a) “Bi-monthly cumulative trip limit” means the maximum amount of fish that may taken and retained, possessed or landed per vessel in specified bi-monthly periods. There is no limit on the number of landings or trips in each period, and periods apply to calendar months. The specified periods are as follows:
(A) Period 1: January through February;
(B) Period 2: March through April;
(C) Period 3: May through June;
(D) Period 4: July through August;
(E) Period 5: September through October; and
(F) Period 6: November through December.
(b) “Daily trip limit” means the maximum amount of shellfish that may be taken and retained, possessed or landed per vessel in 24 consecutive hours, starting at 00:01 hours local time;
(c) “Monthly trip limit” means the maximum amount of fish that may be taken and retained, possessed or landed per vessel during the first day through the last day of any calendar month.
(d) “Weekly trip limit” means the maximum amount of fish that may be taken and retained, possessed or landed per vessel in 7 consecutive days, starting at 00:01 hours local time on Sunday and ending at 24:00 hours local time on Saturday. Weekly trip limits may not be accumulated during multiple week trips. If a calendar week falls within two different months or two different cumulative limit periods, a vessel is not entitled to two separate weekly limits during that week.
(41) “Undue hardship” means death, serious illness requiring extended care by a physician, permanent disability, or other circumstances beyond the individual’s control.
(42) “Unlawful to buy” means that it is unlawful to buy, knowing or having reasonable cause to believe that the fish have been illegally taken or transported within this state, or unlawfully imported or otherwise unlawfully brought into this state.
(43) “Vessel” means any floating craft, powered, towed, rowed or otherwise propelled which is used for landing or taking food fish for commercial purposes.
(44) “Vessel operator” means the person onboard a fishing vessel who is responsible for leading a fishing vessel in fishing or transit operations, and who signs the corresponding fish ticket from that fishing trip. A vessel operator may be a vessel owner or permit holder or both, individual hired to operate a vessel, or lessee of a vessel, permit or both. Although more than one person may physically operate a vessel during a fishing trip or transit, there may only be one person identified as a vessel operator (commonly referred to as a captain or skipper) on a fishing vessel during any one fishing trip or transit.
(45) “Vessel owner” means any ownership interest in a vessel, including interests arising from partnerships, corporations, limited liability corporations, or limited liability partnerships. A vessel owner does not include a leasehold interest.
(46) “Waters of this state” means all waters over which the State of Oregon has jurisdiction, or joint or other jurisdiction with any other state or government, including waters of the Pacific Ocean and all bays, inlets, lakes, rivers and streams within or forming the boundaries of this state.

Source: Rule 635-005-0240 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=635-005-0240.

635–005–0225
Organization 635–005–0230
Licensing Requirements 635–005–0235
Authority of Enforcement in Fishery Conservation Zone and Exclusive Economic Zone 635–005–0240
Definitions 635–005–0245
Commercial Shellfish And Intertidal Animal Harvest Permit Required 635–005–0250
Commercial Shellfish and Intertidal Animal Harvest Permit Fee 635–005–0255
Additional License Requirement 635–005–0260
Closed Seasons and Areas 635–005–0263
Restrictions on Shared Ecosystem Component Species Applicable to All Commercial Fisheries 635–005–0265
General Bait Restrictions 635–005–0270
Same Trip Recreational and Commercial Fishing — When Unlawful 635–005–0275
Commercial Shellfish and Marine Invertebrates Fishing Gear 635–005–0280
Organization of Clam and Intertidal Rules 635–005–0285
Additional License Requirement 635–005–0290
Closed Seasons and Areas 635–005–0295
Marine Snail Fishery Prohibited 635–005–0300
Piddock Fishery (Rock Oyster) Prohibited 635–005–0305
Bay Clam Dive Fishery Defined 635–005–0310
Requirement for Bay Clam Dive Permit 635–005–0315
Bay Clam Dive Permit Fee 635–005–0320
Eligibility Requirements for a Bay Clam Dive Permit 635–005–0325
Review of Denials — Bay Clam Dive 635–005–0330
Renewal of Bay Clam Dive Permit 635–005–0335
Lottery for Limited Entry Bay Clam Dive Permits 635–005–0340
Transferability of Bay Clam Dive Permits 635–005–0345
Logbook Required — Bay Clam Dive 635–005–0350
Bay Clam Dive Size Limit 635–005–0355
Catch Limits 635–005–0360
Subtidal Clams for Bait 635–005–0365
Intertidal Animal, Mussel and Clam Commercial Fisheries Defined 635–005–0370
Commercial Shellfish And Intertidal Animal Harvest Permit Required 635–005–0375
Logbook Required — Commercial Shellfish And Intertidal Animal Harvest 635–005–0380
Fishing Gear for Commercial Harvest of Mussels and Razor Clams 635–005–0385
Commercial Harvest of Mussels and Razor Clams — Size Limit 635–005–0387
Catch Limits 635–005–0390
Clams and Mussels for Bait 635–005–0395
Organization of Rules for Commercial Crab Fisheries 635–005–0400
Ocean Dungeness Crab Fishery Defined 635–005–0405
Requirement for Ocean Dungeness Crab Permit 635–005–0410
Ocean Dungeness Crab Permit Fee 635–005–0415
Eligibility Requirements for a Ocean Dungeness Crab Permit 635–005–0420
Revocation and Refusal to Issue Ocean Dungeness Crab Permits 635–005–0425
Review of Denials — Ocean Dungeness Crab 635–005–0430
Renewal of Limited Entry Ocean Dungeness Crab Permit 635–005–0435
Lottery for Limited Entry Ocean Dungeness Crab Permits 635–005–0440
Transferability of Ocean Dungeness Crab Permits 635–005–0445
Logbook Required — Ocean Dungeness Crab Fishery 635–005–0450
Vessel Length Modification in Ocean Dungeness Crab Fishery 635–005–0455
License Limitation 635–005–0460
Harvest Areas — Dungeness Crab Fishery 635–005–0465
Closed Season in Pacific Ocean and Columbia River 635–005–0466
Dungeness Crab Closure or Evisceration Requirement Based on Biotoxin Testing 635–005–0470
Dungeness Crab Fishery Possession and Landing Limits 635–005–0475
Dungeness Crab Gear Specifications 635–005–0480
Dungeness Crab Buoy Tag and Gear Marking Requirements 635–005–0485
Dungeness Crab Gear Prohibitions 635–005–0490
Derelict Dungeness Crab Gear 635–005–0491
Post-season Derelict Gear Recovery Permits 635–005–0495
Size and Sex of Pacific Ocean Dungeness Crab 635–005–0500
Bay and Estuary Dungeness Crab Fishery Defined 635–005–0505
Closed Season in Bays and Estuaries 635–005–0510
Fishing Gear In Bays and Estuaries 635–005–0515
Size and Sex of Bay and Estuary Dungeness Crab 635–005–0520
Red Rock, Box, Tanner, and other Crab Fishery Defined 635–005–0525
Permits Required for Red Rock Crab and Box Crab 635–005–0530
Tanner and Box Crab Taken in Trawl Nets 635–005–0535
Closed Season — Red Rock, Box, Tanner, and other Crab Fisheries 635–005–0540
Fishing Gear — Tanner, Oregon Hair and Scarlet King Crab 635–005–0545
Fishing Area — Tanner, Oregon Hair and Scarlet King Crab 635–005–0550
Size and Sex — Tanner, Oregon Hair and Scarlet King Crab 635–005–0555
Incidental Catch Limits 635–005–0560
Tanner Crab Notification of Activity 635–005–0565
Logbook Required — Red Rock, Box, Tanner, and other Crab Fisheries 635–005–0570
Organization of Shrimp Fishery Rules 635–005–0575
Pink Shrimp Fishery Defined 635–005–0580
Requirement for Pink Shrimp Permit 635–005–0585
Pink Shrimp Permit Fee 635–005–0590
Eligibility Requirements for a Pink Shrimp Permit 635–005–0595
Revocation and Refusal to Issue Pink Shrimp Permits 635–005–0600
Review of Denials — Pink Shrimp Permits 635–005–0605
Renewal of Pink Shrimp Permit 635–005–0610
Lottery for Limited Entry Pink Shrimp Permits 635–005–0615
Transferability of Pink Shrimp Permits 635–005–0620
Logbook Required — Pink Shrimp Fishery 635–005–0625
Closed Season — Pacific Ocean Pink Shrimp Fishery 635–005–0630
Fishing Gear — Pink Shrimp Fishery 635–005–0635
Mesh Restriction 635–005–0640
Incidental Catch Limit 635–005–0645
Maximum Count Per Pound 635–005–0650
Spot and Coonstripe Shrimp Fishery Defined 635–005–0655
Closed Season — Spot and Coonstripe Shrimp 635–005–0660
Fishing Gear — Spot and Coonstripe Shrimp 635–005–0665
Fishing Area — Spot and Coonstripe Shrimp 635–005–0670
Incidental Catch Limit 635–005–0675
Logbook Required — Spot and Coonstripe Shrimp 635–005–0680
Brine Shrimp Fishery Defined 635–005–0685
Requirement for Brine Shrimp Permit 635–005–0690
Brine Shrimp Permit Fee 635–005–0695
Eligibility Requirements for a Brine Shrimp Permit 635–005–0700
Review of Denials — Brine Shrimp 635–005–0705
Renewal of Permit 635–005–0710
Lottery for Limited Entry Brine Shrimp Permits 635–005–0715
Transferability of Brine Shrimp Permits 635–005–0720
Organization of Other Shellfish and Marine Invertebrate Rules 635–005–0725
Weathervane Scallop Fishery Defined 635–005–0730
Additional License Requirement 635–005–0735
Requirement for Weathervane Scallop Permit 635–005–0740
Weathervane Scallop Permit Fee 635–005–0745
Eligibility Requirements for a Weathervane Scallop Permit 635–005–0750
Revocation and Refusal to Issue Weathervane Scallop Permits 635–005–0755
Review of Denials — Weathervane Scallop 635–005–0760
Renewal of Permit — Weathervane Scallop 635–005–0765
Lottery for Limited Entry Weathervane Scallop Permits 635–005–0770
Transferability of Weathervane Scallop Permits 635–005–0775
Logbook Required — Weathervane Scallop Fishery 635–005–0780
Closed Season — Weathervane Scallop Fishery 635–005–0785
Fishing Gear — Weathervane Scallop Fishery 635–005–0790
Sea Urchin and Sea Cucumber Fishery Defined 635–005–0795
Requirement for Sea Urchin and Sea Cucumber Permit 635–005–0800
Sea Urchin and Sea Cucumber Permit Fee 635–005–0805
Eligibility Requirements for a Sea Urchin and Sea Cucumber Permit 635–005–0810
Revocation and Refusal to Issue Sea Urchin and Sea CucumberPermits 635–005–0815
Review of Denials — Sea Urchin and Sea Cucumber 635–005–0820
Renewal of Sea Urchin and Sea CucumberPermit 635–005–0825
Lottery for Limited Entry Sea Urchin and Sea Cucumber Permits 635–005–0830
Transferability of Sea Urchin and Sea CucumberPermits 635–005–0835
Logbook Required — Sea Urchin and Sea Cucumber Fisheries 635–005–0840
Closed Seasons and Areas — Sea Urchin and Sea Cucumber Fisheries 635–005–0845
Prohibitions — Sea Urchin and Sea Cucumber Fisheries 635–005–0850
Size and Catch Limits — Sea Urchin Fisheries 635–005–0855
Crayfish Fishery Defined 635–005–0860
Closed Season — Crayfish Fishery 635–005–0865
Fishing Gear — Crayfish Fishery 635–005–0870
Size Limit — Crayfish Fishery 635–005–0875
Protection of Females — Crayfish Fishery 635–005–0880
Identification of Gear — Crayfish Fishery 635–005–0885
Closed Area — Crayfish Fishery 635–005–0890
Oyster Fishery Defined 635–005–0895
Additional License Requirement — Shellfish Sanitation Certificate 635–005–0900
Oyster Import Applications and Permit 635–005–0905
Prohibited Activities in Restricted Shellfish Areas 635–005–0910
Oyster Seasons and Gear 635–005–0915
Squid Fishery Defined 635–005–0920
Market Squid Fishery 635–005–0925
Market Squid Harvest Guideline 635–005–0929
Closed Season 635–005–0930
Logbook Required — Squid Fishery 635–005–0931
Fishing Gear — Squid Fishery 635–005–0932
Bycatch Restrictions — Squid Fishery 635–005–0933
No Reduction Fishery Allowed — Squid Fishery 635–005–0935
Octopus Fishery Defined 635–005–0940
Logbook Required — Octopus Fishery
Last Updated

Jun. 8, 2021

Rule 635-005-0240’s source at or​.us