OAR 635-005-0480
Dungeness Crab Buoy Tag and Gear Marking Requirements

It is unlawful for commercial purposes to:

(1) Use commercial Dungeness crab gear in the Columbia River or Pacific Ocean unless the gear is individually marked with a surface buoy bearing, in a visible, legible and permanent manner, the buoy brand and buoy color(s) of the owner, and the Department buoy tag, provided that:

(a) The buoy brand consists of letters and/or numbers, and the buoy brand and buoy color or color combination are registered with and approved by the Department; The buoy color or color combination shall be submitted to the Department as a color photograph for registration;

(b) Only one unique buoy brand and one buoy color or color combination shall be registered to any one permitted vessel;

(c) All Dungeness crab gear fished by a permitted vessel must use only the Oregon buoy brand number and at least one buoy with the buoy color or color combination registered to that vessel in the area off of Oregon;

(d) The Department shall issue crab buoy tags to the owner of each commercial crab permit in the amount determined by OAR 635-005-0405 (Requirement for Ocean Dungeness Crab Permit)(5);

(e) All buoy tags eligible to a permit holder must be purchased from the Department at cost and attached to the gear prior to setting gear;

(f) Buoys attached to Dungeness crab gear must have the buoy tag securely attached to the buoy closest to the gear at the end away from the buoy line; and

(g) Additional buoy tags to replace lost tags will be issued by the Department as follows:

(A) For a catastrophic loss, as defined in ORS 635-005-0240 (Definitions); or

(B) If the Director finds that the loss of buoy tags was:

(i) Due to an extraordinary event;

(ii) The loss was minimized with the exercise of reasonable diligence; and

(iii) Reasonable efforts were taken to recover lost buoy tags and associated fishing gear.

(C) Upon receipt of the declaration of loss required by subsection (1)(g)(D) of this rule, and a request for replacement tags under sub-subsection (1)(g)(B) of this rule, the Director or the Director’s designee may provide an opportunity for the permit holder requesting the replacement tags to describe why the buoy tag loss meets the criteria for replacement under subsection (1)(g)(B) of this rule. The Director or the Director’s designee shall provide the Director’s order to the permit holder and to the Department’s License Services. The permit holder may appeal the Director’s findings to the Fishery Permit Review Board under OAR 635-005-0425 (Review of Denials — Ocean Dungeness Crab).

(D) Permit holders (or their alternative designated on the buoy tag order form) must obtain, complete, and sign a declaration of loss under penalty of perjury in the presence of an authorized Department employee. The declaration shall state the number of buoy tags lost, the location and date where lost gear or tags were last observed, and the presumed cause of the loss.

(2) Possess on a vessel, use, control, or operate any Dungeness crab gear which does not have a tag affixed to the individual pot or ring identifying the gear as belonging to that vessel, a surface buoy bearing the Department buoy brand registered to that vessel, and a Department buoy tag issued by the Department to that vessel, as pursuant to ORS 509.415 (Gear used in taking crab), except:

(a) To set gear as allowed under OAR 635-005-0405 (Requirement for Ocean Dungeness Crab Permit); or

(b) Under a waiver granted by the Department to allow one time retrieval of permitted Dungeness crab gear to shore by another crab permitted vessel provided that:

(A) The vessel is incapacitated due to major mechanical failure or destroyed due to fire, capsizing, or sinking;

(B) Circumstances beyond the control of the permit holder as defined by undue hardship in OAR 635-005-0240 (Definitions) occurred;

(D) A copy of the waiver must be on board the vessel making the retrieval (Contact Department of Fish and Wildlife Licensing Services, Salem for guidelines).

(c) Under a waiver granted by the Department to allow one time change of buoy tags associated with a Dungeness crab permit transfer under OAR 635-005-0440 (Transferability of Ocean Dungeness Crab Permits) provided that:

(A) A request must be in writing and a waiver approved and issued prior to change of buoy tags; and

(B) A copy of the waiver must be on board the vessel making the change of buoy tags (Contact Department of Fish and Wildlife Licensing Services, Salem for guidelines).

(d) Under a waiver granted by the Department to allow one time retrieval of permitted Dungeness crab gear to shore by another crab permitted vessel from August 1 through August 14 provided that:

(A) A Request must be in writing and a waiver approved and issued prior to retrieval; and

(B) A copy of the waiver must be on board the vessel making the retrieval (Contact Department of Fish and Wildlife Licensing Services, Salem for guidelines).

(e) When retrieving derelict Dungeness crab gear as pursuant to OAR 635-005-0490 (Derelict Dungeness Crab Gear) or 635-005-0491 (Post-season Derelict Gear Recovery Permits);

(f) A vessel may transit through the Columbia River and the Pacific Ocean adjacent to Oregon while possessing Dungeness crab gear not bearing Oregon buoy tags or Oregon buoy branded surface buoys, provided that the vessel is authorized and en route to participate or returning from participating in the Dungeness crab fishery of an adjacent state; or

(g) When operating crab rings in bays or estuaries, only a tag affixed to the individual ring is required.

(3) Use commercial Dungeness crab gear in the Columbia River or Pacific Ocean with a line mark that is required for any state or federal fishery, other than the Oregon Dungeness crab fishery, operating in the U.S. West Coast EEZ, or the state waters of Washington, Oregon, or California.

(4) Effective for calendar years 2021 through 2023, from May 1 through August 14, possess on a vessel, use, control, or operate commercial Dungeness crab gear in the Columbia River or Pacific Ocean unless the gear is individually marked with a secondary Department buoy tag issued by the Department to that vessel in addition to the buoy tag required under section (1) of this rule, provided that:

(a) The primary buoy tag shall remain attached as required per section (1) of this rule;

(b) The secondary buoy tag shall be securely attached to the buoy closest to the gear at the end away from the buoy line;

(c) The Department shall issue secondary buoy tags to the owner of each commercial crab permit in the amount requested by the permit owner, not to exceed the amount determined by OAR 635-005-0405 (Requirement for Ocean Dungeness Crab Permit)(10);

(d) Secondary buoy tags must be purchased from the Department at cost and attached to the gear as of the effective date but no earlier than two weeks before the effective date;

(e) The exceptions found in sections (2)(b) through (2)(g) of this rule also apply to this section; and

(f) Any commercial Dungeness crab gear found in the ocean or Columbia River without a secondary buoy tag during the effective dates of this section shall be considered derelict and may be retrieved per 635-005-0490 (Derelict Dungeness Crab Gear).

Source: Rule 635-005-0480 — Dungeness Crab Buoy Tag and Gear Marking Requirements, https://secure.sos.state.or.us/oard/view.action?ruleNumber=635-005-0480.

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

OAR 635-005-0480 Dungeness Crab Buoy Tag and Gear Marking Requirements

OAR 635-005-0480
Dungeness Crab Buoy Tag and Gear Marking Requirements