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Proposed Administrative Rules

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Proposed Administrative Rules Attachment 5 COMMERCIAL FISHERIES DIVISION 004 COMMERCIAL FISHERIES OTHER THAN SALMON OR SHELLFISH 635-004-0018 Scope of Rules Division 004 incorporates into Oregon Administrative Rules, by reference, the groundfish specifications and management measures for 2007 2008 included in the Biennial Specifications and Management Measures, Final Rule, published in the Federal Register in December 2006, and in addition to the extent they are consistent with these rules, Code of Federal Regulations, Title 50 Part 660, Subpart G (61FR34572, July 2, 1996), as amended to incorporate the standards in the Biennial Specifications and Management Measures, Final Rule. Therefore, persons must consult the Federal Regulations in addition to Division 004 to determine all applicable groundfish fishing requirements. Where regulations refer to the fishery management area, that area is extended from shore to three nautical miles from shore coterminous with the Exclusive Economic Zone. A copy of the Federal Regulations may be obtained by contacting the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service at www.nwr.noaa.gov or 7600 Sand Point Way NE, Seattle, WA 98115-0070. Stat. Auth.: ORS 496.138 and 506.119 Stats. Implemented: ORS 496.162 and 506.129 Hist.: Adopted 9-10-04, ef. 01-01-05 635-004-0033 Groundfish Restrictions (1) The season for most species of ocean food fish is open year-round, until catch quotas are met (where applicable). Regulations for the following species or species groups of ocean food fish change throughout the season and the Oregon Administrative Rules and federal regulations should be consulted before fishing: [(a) Minor Nearshore Rockfish] [(b)] (a) Minor Shelf Rockfish [(c)] (b) Minor Slope Rockfish (c) Black and Yellow Rockfish (d) Brown Rockfish (e) Calico Rockfish (f) China Rockfish (g) Copper Rockfish (h) Gopher Rockfish (i) Grass Rockfish (j) Kelp Rockfish (k) Olive Rockfish (l) Treefish [(d)] (m) Black Rockfish [(e)] (n) Blue Rockfish [(f)] (o) Cabezon [(g)] (p) Canary Rockfish [(h)] (q) Greenling [(i)] (r) Tiger Rockfish [(j)] (s) Vermilion Rockfish [(k)] (t) Widow Rockfish [(l)] (u) Yelloweye Rockfish [(m)] (v) Yellowtail Rockfish [(n)] (w) Darkblotched Rockfish [(o)] (x) Pacific Ocean Perch [(p)] (y) Longspine Thornyhead [(q)] (z) Shortspine Thornyhead [(r)] (aa) Arrowtooth Flounder [(s)] (bb) Dover Sole [(t)] (cc) Petrale Sole [(u)] (dd) Rex Sole [(v)] (ee) Other Flatfish [(w)] (ff) Lingcod [(x)] (gg) Sablefish [(y)] (hh) Pacific Whiting (2) For the purpose of this rule, "Other nearshore rockfish" means: black and yellow (Sebastes chrysolmelas); brown (S. auriculatus); calico (S. dalli); China (S. nebulosus); copper (S. caurinus); gopher (S. carnatus); grass (S. rastelliger); kelp (S. atrovirens); olive (S. serranoides); quillback (S. maliger); and treefish (S. serriceps). [(3)] (2) For the purpose of this rule a "commercial harvest cap" is defined as the total fishery-related mortality for a given species, or species group, that may occur in a single calendar year in Oregon commercial fisheries. For [2007]2008, the commercial harvest cap for black rockfish is 100.6 metric tons. [(4)] (3) For the purpose of this rule a "commercial landing cap" is defined as the total landed catch of a given species, or species group, that may be taken in a single calendar year in Oregon commercial fisheries. For [2007]2008, the commercial landing caps are: (a) Black rockfish and blue rockfish combined of 104.6 metric tons. (b) Other nearshore rockfish, 12.0 metric tons. (c) Cabezon, 31.3 metric tons. (d) Greenling, 23.4 metric tons. [(5)] (4) For the purpose of this rule, the periods to which cumulative trip limits apply are: January through February (period 1); March through April (period 2); May through June (period 3); July through August (period 4); September through October (period 5); and November through December (period 6). [(6)] (5) For black and blue rockfish combined, no vessel may land more than: (a) 600 pounds in period 1; (b) 800 pounds in period 2; (c) 1600 pounds in each of periods 3, 4, and 5; and (d) 800 pounds in period 6. [(7)] (6) In each period, no vessel may land more than: (a) [600] 700 pounds of other nearshore rockfish, combined; (b) [2,000] 2,500 pounds of cabezon; or (c) [400] 450 pounds of greenling species. Stat. Auth.: ORS 506.109 and 506.119 Stats. Implemented: ORS 506.129 Hist.: Adopted 1-11-06, ef. upon filing 635-004-0170 Incidental Catch in Other Fisheries A person may operate a vessel in the black rockfish / blue rockfish / nearshore fishery without a permit required by OAR 635-006-1015 (1)(j) if the person: (1) For only one landing per day, lands no more than 15 pounds of black rockfish, blue rockfish, nearshore fish or a combination of black rockfish, blue rockfish or nearshore fish and if the black rockfish, blue rockfish and nearshore fish: (a) Make up 25 percent or less of the total poundage of the landing; and (b) Are landed with fishing gear that is legal to use in the fishery in which the black rockfish, blue rockfish or nearshore fish are landed; (2) Operates a vessel in the ocean troll salmon fishery pursuant to ORS 508.801 to 508.825 and the person lands black rockfish, blue rockfish or a combination of black rockfish and blue rockfish in the same landing in which the person lands a salmon under the permit required by ORS 508.801 to 508.825. The black rockfish or blue rockfish landed under this paragraph must be landed dead. A person who lands black rockfish and blue rockfish under this paragraph may land up 100 pounds of black rockfish, blue rockfish or a combination of black rockfish and blue rockfish per landing. (3) Lands no more than 15 pounds per vessel of black rockfish, blue rockfish, or a combination of black rockfish and blue rockfish per trip, after the total amount of black rockfish and blue rockfish combined landed in the salmon troll fishery reaches 3000 pounds in any calendar year, except as provided in subsection (4). (4) Operates a vessel in the west coast groundfish trawl fishery pursuant to federal regulations and lands no more than 1,000 pounds of black rockfish, blue rockfish or a combination of black rockfish and blue rockfish per calendar year and if the black rockfish and blue rockfish: (a) Make up 25 percent or less of the total poundage of each landing; and (b) Are landed dead; or (5) Is a nonprofit aquarium or has contracted with a nonprofit aquarium to land black rockfish, blue rockfish or nearshore fish for the purpose of displaying or conducting research on the black rockfish, blue rockfish or nearshore fish. (6) Does not exceed daily, weekly, or period limits as established in OAR 635-004-0033. Stat. Auth.: ORS 506.109, ORS 506.119 Stats. Implemented: ORS 506.129, ORS 506.450 to ORS 506.465 Hist.: Adopted 12-2-05, f. 12-7-05, ef. 1-1-06 .
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