1 Attachment 6
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Attachment 6 STATEWIDE REGULATIONS 2012 Proposal Reg Number General (Statewide) Regulations Rationale Page Attachment 6 Guide to rule language changes: The Administrative Procedures Act requires that all changes to administrative rules be displayed and underlined in a particular format -- that is, with new material in bold typeface; example: Herring Jig and deleted material in brackets with strike through, example: [Herring jig]. The page number referenced is the page where the rule is found in the 2012 Oregon Sport Fishing Regulations. If the rule is a new entry, the page number where it would appear in the 2012 regulations is listed along with “new entry”. The Proposal numbers are listed for each proposed rule change. The Category numbers reflect the classifications following the August 3rd meeting. Only category “A” and “B” proposals are listed in these tables. For all categories staff recommendations are listed. All category “A” proposals are recommended to be Adopted. The Rational entry is an abbreviated summary of the rational included with the original proposal. The outline of the tables follows that in the 2012 Oregon Sport Fishing Regulations. There are General Statewide Regulations, followed by the nine Angling Zone. For most all rules, the entire rule for the Water Body has been reproduced, but for Waterbodies with a long list of rules, only the specific rule subject to change is listed (Rogue River). Proposed rule changes are highlighted in yellow. Also shown are minor rule changes or universal date changes for the water body rules under consideration. These changes reflect that the actual 2013 rules would look line in the 2013 Oregon Sport Fishing Regulations. Some of the proposed rule changes will appear in multiple locations due to the nature of the rule change. Blue Text – notes only, not rule language changes. Licenses, Tags and Permits: 5 1S Administrative rule change; will then set the specific dates printed in the 2013 Oregon Sport Fishing This change simplifies the “A” under all referenced for “Free Fishing Weekend” dates. regulation for the date of Free Adopt Fishing Weekend. This aligns 635-011-0102 Free Fishing Weekend with Free Fishing Weekend Oregon Parks and Recreation’s The first full weekend (Saturday and Sunday) [Saturday and Sunday immediately following the first State Parks Day, National Monday] in the month of June shall be designated as an annual free fishing weekend. No angling Fishing & Boating Week, licenses or tags shall be required for the taking of fish for personal use in Oregon waters on this National Trails Day and other weekend. activities by state and federal agencies and organizations to 3. All persons 14 years and older must have in possession a valid Oregon angling license to angle for encourage outdoor recreation. or take or assist another in angling or taking any fish for personal use, except: Free Fishing Weekend in 2013 During “Free Fishing Weekend (June 1-2) when no license is required) falls on June 1-2. (David Lane, 4. All persons 14 years and older must have in possession a valid Oregon shellfish license to take any IE) shellfish for personal use, except: During “Free Fishing Weekend (June 1-2) when no license is required) 1 STATEWIDE REGULATIONS 2012 Proposal Reg Number General (Statewide) Regulations Rationale Page 6 19S and Licenses, Tags and Permits Qualifications Related to staff proposals 19S 20S Fish. and 22S, which remove “A” requirement to tag jack salmon. Tags: Adult salmon [(jack salmon only if required under Special Adopt Yachats jack salmon tagging rule Regulations; see Yachats River in the Northwest Zone and was eliminated in 2011 but not Hunter Creek and Pistol River in Southwest Zone)] or updated in this section. steelhead, legal size sturgeon, and Pacific halibut must immediately upon removal from the water, be recorded on the Combined Angling or Hatchery Harvest Tag in the Chronological order caught, except during Free Fishing Weekend (when no licenses or tags are required. Jack salmon are not required to be tagged. 7 65P Licenses, Tags and Permits Qualifications To proposed rule is to allow “A” Fish. Disabled Anglers the ability to Adopt enjoy angling experiences which Oregon Disabilities hunting and Fishing Permit are prevented by the angler’s Issued by ODFW Salem …of the following criteria: disability. Being a cancer victim 1. Is permanently ………scooter or walker; and survivor my main thing that 2. Is restricted …………..air at rest; keeps me going is looking 3. Has a cardiac..……….Heart Association; forward to offshore fishing. 4. Has a permanent physical impairment that prevents the person from holding or shooting a firearm or Halibut fishing and bottom fishing bow or from holding a fishing rod in hand; or are what set me free from my 5. Has central visual ….than 20 degrees; or; pain and treatments for cancer. Written proof ……percent disabled (ORS 496.018). Being able to reel in my own fish Holders of an Oregon Disabilities Hunting and Fishing permit ………..by other agencies. is a big part of the experience. I hope that we can make it Disabilities Permit holder may angle with use of electric powered reels. Rods with electric possible where all disabled reels may be kept in rod holder when angling and landing fish. fishermen have as much as A person may assist a disabled angler provided: possible the same experience as non-disabled fishermen. Bill 1. The person….. Chapman 5. …...assist the disabled angler. 2 STATEWIDE REGULATIONS 2012 Proposal Reg Number General (Statewide) Regulations Rationale Page General (Statewide) Regulations; Definitions: 8 2S Bobber: A hook-less, floating device that is attached to or slides along the mainline or leader These definitions would apply to “A” above the hook(s) for the purpose of suspending hook(s) (which are part of the bait, lure or bobber fisheries being proposed for New Adopt artificial fly) off of the bottom of the stream and visually signaling (from the surface of the sections of the Trask River in vicinity entry water) a fish’s strike at the hook(s). of Trask Hatchery which is a holding area for adult hatchery spring Chinook and on a section of the Leader: A section of line, other than the mainline, extending from the lowermost hook (part of Salmon River (Lincoln Co.) where bait, lure, or fly) to the first swivel, weight, bobber, or any other attachment. snagging is a chronic activity. (ODFW/OSP Staff) 9 3S [Snagging: hooking or attempting to hook fish other than inside the mouth.] Help to curtail illegal snagging “A” activities and allow legitimate anglers Adopt Snagging: Taking or attempting to take a fish with a hook and line in any way or manner more opportunities to fish for and where the fish is not enticed to voluntarily take the hook(s) in its mouth. Gamefish which are catch salmon and steelhead. (ODFW/OSP Staff) hooked other than inside of its mouth must be released immediately unharmed. 9 4S Take: To kill, reduce to possession or control or attempt to possess or control which includes To clarify that an angler needs to “A” catch-and release angling. have a Combined Angling Tag to fish Adopt for sturgeon, salmon, steelhead or halibut whether he/she can keep it or not or is catch-and-release angling. (ODFW Staff) 11 5S Hook and Weight Regulations: Help to reduce snagging levels as New “A” they relate to the use of treble hooks. entry Adopt 6. Anti-Snagging Rule. Except when fishing with a buoyant lure (with no weights added to the This rule will not be employed as a line or lure), or trolling from a moving vessel or floating device, terminal fishing gear is statewide regulation, but would be used on specific water bodies where restricted to an artificial fly, lure, or bait with one single-point hook. Hooks must measure ¾" the use of treble hooks on terminal or less from point to shank, and must be attached to or below the lure or bait. Weights may gear has led to high levels of not be attached below or less than 18 inches above the lure or bait. snagging. Anti-snagging regulations recommended for Big Creek (Clatsop 7. [6] Barbless hooks are advised for fisheries where the release of fish is anticipated, unless Co.); North Umpqua River, swift- specifically required. water reach; Isthmus Slough, Milepost 3 on Hwy 42 to tidegate; and Eagle Creek (Clackamas Co.) (ODFW/OSP Staff) Add new bullet. 3 STATEWIDE REGULATIONS 2012 Proposal Reg Number General (Statewide) Regulations Rationale Page 7S To allow use of spreader bars “A” Definition with 6P and baits for fishing salmon. Adopt Bait: Any item used to attract fish which is not an artificial fly, lure, or attractor. Molded soft plastic Spreader bars contain molded or rubber imitation worms, eggs, or other imitation baits are considered bait. Scent is not considered soft plastic imitation attractors bait. which are currently classified as bait under our “bait” definition. Lure Definition with 6P: Ocean salmon regulations only allow the use of one “lure/bait” Lure: An artificial device, complete with hooks, intended to attract and entice fish; excluding molded per line therefore prohibiting the soft plastic or rubber imitation baits and artificial flies or attractors. Corkies, spin-n-glos, birdy use of spreader bars and hook- drifters, lead based jigs are all considered lures. Molded soft plastic or rubber imitation worms, eggs, less baits/attractors in the ocean or other rubber of soft plastic imitation baits are considered bait. salmon fishery. The proposed change in the bait definition would allow hook-less baits only Attractor: A hook-less device attached to an angler’s fishing line in advance of the primary in the ocean.