Oregon Administrative Rules Oregon Department of Fish and Wildlife DIVISION 042 COLUMBIA RIVER COMMERCIAL FISHERY BELOW BONNEVILLE DAM Commercial Fishing Area and Gear Restrictions 635-042-0001 Management and Catch Reporting Areas Management and Catch Reporting Zones shall include those waters of the Columbia River defined as follows: (1) Zone 1 is easterly of a line projected from the knuckle of the south jetty on the Oregon bank to the inshore end of the north jetty on the Washington bank, and westerly of a line projected from a beacon light at Grays Point on the Washington bank to the flashing 4-second red buoy "44" off the easterly tip of Tongue Point on the Oregon bank. (2) Zone 2 is easterly of a line projected from a beacon light at Grays Point on the Washington bank to the flashing 4-second red buoy "44" off the easterly tip of Tongue Point on the Oregon bank, and westerly of a line projected from the 4-second flashing green light "81" on the Washington bank to a boundary marker on the easterly end of the Beaver Terminal Pier in Oregon, including all waters of Grays Bay, those waters of Deep River downstream of the Highway 4 Bridge, all waters of Seal Slough, those waters of Grays River downstream of a line projected between fishing boundary markers on both banks at the Leo Reisticka farm, and those waters of Elokomin Slough and Elokomin River downstream of the Highway 4 Bridge. (3) Zone 3 is easterly of a line projected from the 4-second flashing green light "81" on the Washington bank to a boundary marker on the easterly end of the Beaver Terminal Pier in Oregon, and westerly of a line projected true west from the east or upstream bank of the Lewis River mouth in Washington. (4) Zone 4 is easterly of a line projected true west from the east or upstream bank of the Lewis River in Washington, and westerly of a line projected true north from Rooster Rock on the Oregon bank, and those waters of Camas Slough downstream of the western most powerline crossing at the James River Mill. (5) Zone 5 is easterly of a line projected true north from Rooster Rock on the Oregon bank, and westerly of a line projected from a deadline marker on the Oregon bank (approximately four miles downstream from Bonneville Dam Powerhouse 1) in a straight line through the western tip of Pierce Island, to a deadline marker on the Washington bank at Beacon Rock. (6) Area 2S is from a downstream boundary of a true north/south line through flashing red 4-second light "50" near the Oregon bank to an upstream boundary of a straight line from a deadline marker on the Oregon bank (approximately four miles downstream from Bonneville Dam Powerhouse 1) through the western tip of Pierce Island, to a deadline marker on the Washington bank at Beacon Rock. Stat. Auth.: ORS 183.325, 496.118 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist: DFW 142-2008, f. & cert. ef. 11-21-08 635-042-0005 Closed Areas (1) Unless otherwise specified, the following waters of the Columbia River including all Oregon Columbia River tributaries are closed to the taking of fish for commercial purposes: (2) The Columbia River from the ends of the jetties to a line projected from the knuckle of the south jetty on the Oregon bank to the inshore end of the north jetty on the Washington bank. (3) An area at Grays Bay northerly of a line projected from the flashing green 4-second light at Rocky Point easterly to Harrington Point. (4) In September an area at the mouth of Big Creek from the Oregon bank across Knappa Slough to Karlson Island which is about one-quarter of a mile above the east bank of Big Creek, downstream to the east end of Minaker Island which is about three-quarters of a mile below the west bank at the mouth of Big Creek. (5) The Columbia River within an area at the mouth of the Sandy River which is one-quarter mile in width extending out into the Columbia River from the Oregon bank at a right angle to the thread of the river between a point one mile below and a point at the upper easterly bank at the mouth of the Sandy River. (6) An area near Elokomin Slough and Steamboat Slough to be described in-season as "Elokomin-A sanctuary" or "Elokomin-B sanctuary." 1 - Div. 042 10-24-14 Oregon Administrative Rules Oregon Department of Fish and Wildlife (a) "Elokomin-A sanctuary" means those waters of Elokomin Slough and the Columbia River lying northerly and easterly of a straight line from light "37" on the Washington shore to light "39" on Hunting Island. (b) "Elokomin-B sanctuary" means those waters of Elokomin Slough, Steamboat Slough and the Columbia River lying inside, northerly and easterly of a straight line from light "35" (group flashing green) located on Price Island to light "39" (flashing green) on Hunting Island and northerly and easterly of a line between flashing light "33" on Price Island and quick flashing green light "31" on the Washington shore. (7) An area at the mouth of Abernathy Creek extending out into the Columbia River from the Washington bank at a right angle to the thread of the Columbia River to midstream of the ship channel between points one-half mile above the upper easterly bank at the mouth of Abernathy Creek and 1,300 yards below Abernathy Creek at the 4-second flashing green light "81." (8) The Columbia River and Carrolls Channel lying inside the center of the shipping channel between a fishing boundary marker at the junction of the Port of Longview docks and international paper docks on the Washington shore approximately one mile downstream from the Cowlitz River mouth and flashing green light "29A" on Cottonwood Island and also those waters of Carrolls Channel downstream of a line between a fishing boundary marker approximately 3,000 feet upstream of the Cowlitz River mouth and a fishing boundary marker on Cottonwood Island. (9) An area at the mouth of the Kalama River to be described in-season as "Kalama-A sanctuary" or "Kalama-B sanctuary:" (a) "Kalama-A sanctuary" means those waters of the Columbia River between a fishing boundary marker on the Washington shore approximately one mile downstream and a point one-half mile upstream of the mouth of the Kalama River and lying within one-quarter mile of the Washington shore; (b) "Kalama-B sanctuary" means those waters of the Columbia River between a fishing boundary marker on the Washington shore approximately one mile downstream and a point one-half mile upstream of the mouth of the Kalama River and extending completely across the Columbia River, excepting those waters west of a line projected from Coffin Rock Light "42" in Oregon to the Kalama Range Light "47A" on the Washington shore. (10) An area at the mouth of the Lewis River to be described in-season as "Lewis-A sanctuary" or "Lewis-B sanctuary:" (a) "Lewis-A sanctuary" means those waters of the Columbia River between a point one mile downstream and a point one-half mile upstream of the mouth of the Lewis River and lying within one-quarter mile of the Washington shore; (b) "Lewis-B sanctuary" means those waters of the Columbia River near the mouth of the Lewis River lying easterly of lines projected from light "79" (flashing green) to the Red Buoy No. 4 thence to a fishing boundary marker on Bachelor Island. (11) The Columbia River and Camas Slough north of Lady Island within the area enclosed by a line from the Washington bank due south to the west end of Lady Island, upstream along the shoreline of Lady Island to the highway bridge at the east end of Lady Island, across such bridge to the Washington bank. (12) The Columbia River upstream of a line projected from a deadline marker on the Oregon bank to a deadline marker on the Washington bank, both such deadline markers located approximately five miles downstream from Bonneville Dam. Stat. Auth.: ORS 183.325, 496.118 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: DFW 6-2005, f. & cert. ef. 2-14-05 635-042-0007 Definitions (1) For the purpose of Chapter 679, Oregon Laws 1979, "Columbia River gillnet salmon fishery" means commercial salmon gillnet fishing in the Columbia River below Bonneville Dam and all tributaries thereof, including Youngs Bay, wherein commercial salmon gillnet seasons are authorized by Department rules. (2) "Commission" means the Oregon Fish and Wildlife Commission. (3) "Department" means the Oregon Department of Fish and Wildlife. (4) "Director" means the Director of the Oregon Department of Fish and Wildlife. Stat. Auth.: ORS 183.325, 496.118 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist: DFW 142-2008, f. & cert. ef. 11-21-08 2 - Div. 042 10-24-14 Oregon Administrative Rules Oregon Department of Fish and Wildlife 635-042-0010 Fishing Gear (1) As used in these Columbia River fishing rules, gill net includes drift gill net, floater gill net, diver gill net, and is a monofilament or multifilament mesh net with a cork and lead line which is in a position to drift with the tide or current at all times while it is being fished. There must be sufficient buoyancy in the corks and/or floats on the cork line so the net is free to drift with the current. The lead or weight on the lead line of a gill net shall not exceed two pounds in total weight on any one fathom, measurement to be taken along the cork line of the net. However, should extra or added weights appear necessary to operate a net, permission to use in excess of two pounds weight per fathom of net may be granted by the Director upon written application which includes adequate justification for the additional leads or weights. (2) It is unlawful: (a) For a gill net in whole or in part to be anchored, tied, staked, fixed, or attached to the bottom, shore, or a beached boat; left unattended at any time it is fished; or attended by more than one boat while being fished; (b) To take any species of salmon from the Columbia River for commercial purposes by any means other than by gill net; (c) To fish more than one gill net from a licensed commercial fishing boat at any one time; (d) To fish with or have on the boat while fishing a gill net which exceeds 1,500 feet in length; (e) To fish with or have on the boat while fishing any gill net of a mesh size not authorized for use at that time, except: (A) During December 1-March 31 when the following applies: (i) While fishing during open salmon and/or sturgeon seasons, smelt gill nets with a mesh size not more than two inches may be onboard the boat; (ii) While fishing during open smelt seasons, gill nets with a mesh size greater than two inches may be onboard the boat. (B) Nets with a minimum mesh size of 9.0 inches may be onboard the boat. (C) When specifically authorized, nets not lawful for use at that time and area may be onboard the boat if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater. (f) Fish with or have on the boat while fishing any gill net of a mesh size greater than 9-3/4 inches, except that snagging nets as described in ORS 509.240 are permitted; (g) Fish with or have on the boat while fishing a gill net which does not meet the construction requirements for a gill net as set forth in section (1) of this rule, except while fishing during the Tongue Point Select Area Salmon Season (OAR 635-042-0170) gill nets with leadline in excess of two pounds per fathom may be stored on the boat. (3) The mesh size of any gill net is determined only after the meshes are wet from soaking in water not less than one hour. Three consecutive meshes are then placed under ten pounds of vertical tension and the measurement is taken from the inside of one vertical knot to the outside of the opposite vertical knot of the center mesh. (4) As used in these rules, "slackers" means a single piece of material or cord, not webbing or mesh, connected vertically or woven in the mesh of the net between the cork and lead lines. It is used to tie netting in a shortened state to give the net surface flexibility. (5) Nets fished any time between official sunset and sunrise must have lighted buoys on both ends of the net. If the net is attached to the boat, then one lighted buoy on the end of the net opposite the boat is required. (6) The use of a “chafing strip panel” attached to the bottom of the net is allowed. A “chafing strip panel” consists of no more than 60 inches of non-mono-filament webbing (such as nylon seine web or polyethylene trawl web) with a maximum mesh size of 3.5 inches. There are no restrictions associated with hangings used to connect the net to the chafing panel or the net or chafing panel to the leadline or corkline. Stat. Auth.: ORS 183.325, 506.109 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: Adopted 3-17-11, f. & ef. 3-21-11 General Commercial Fishing Seasons 635-042-0015 Closed Season It is unlawful to take any fish for commercial purposes from the Columbia River except during the times, in the areas, with the gear, and for the species as provided in these rules. 3 - Div. 042 10-24-14 Oregon Administrative Rules Oregon Department of Fish and Wildlife Stat. Auth.: ORS 496.118 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: FWC 2-1987, f. & ef. 1-23-87 635-042-0022 Spring Chinook Gillnet and Tangle Net Fisheries (1) Adipose fin-clipped Chinook salmon, sturgeon and shad may be taken by gillnet or tangle net for commercial purposes from the mouth of the Columbia River upstream to Kelley Point (Zones 1-3 and part of Zone 4). (a) Individual fishing periods will not exceed sixteen hours in length during small mesh fisheries and twentyfour hours in length during large mesh fisheries. Fishing periods may occur on Tuesdays and Thursdays, depending upon results from test fisheries or full fleet fisheries conducted prior to each specified weekday. (b) White sturgeon possession and sales restrictions by each participating vessel will be determined inseason based on gear type and number of fish remaining on the fish guideline. (2) An adipose fin clip salmon is defined as a hatchery salmon with a clipped adipose fin and having a healed scar at the location of the fin. The adipose fin is the small fatty fin on salmonids located between the dorsal fin and tail. (3) During the spring Chinook gillnet fishery: (a) It is unlawful to use a gillnet having a mesh size less than 8 inches or more than 9-3/4 inches. (b) Mesh size for the fishery is determined as described in OAR 635-042-0010(4). (4) During the spring Chinook tangle net fishery: (a) It is unlawful to use other than a single-wall multi-filament net. Monofilament tangle nets are not allowed. Maximum mesh size is 4-1/4 inches stretched taut. (b) Mesh size is determined by placing three consecutive meshes under hand tension and the measurement is taken from the inside of one vertical knot to the outside of the opposite vertical knot of the center mesh. Hand tension means sufficient linear tension to draw opposing knots of meshes into contact. (5) Nets shall not exceed 900 feet (150 fathoms) in length. A red cork must be placed on the corkline every 25 fathoms as measured from the first mesh of the net. Red corks at 25-fathom intervals must be in color contrast to the corks used in the remainder of the net. (6) On tangle nets, an optional use of a steelhead excluder panel of mesh may be hung between the corkline and the 4-1/4 inch maximum mesh size tangle net. The excluder panel web must be a minimum mesh size of 12 inches when stretched taut under hand tension. Monofilament mesh is allowed for the excluder panel. The excluder panel (including any associated hangings) must be a minimum of 5 linear feet in depth and not exceed 10 linear feet in depth, as measured from the corkline to the upper margin of the tangle net mesh as the net hangs naturally from a taut corkline. Weedlines or droppers (bobber-type) may be used in place of the steelhead excluder panel. A weedline-type excluder means the net is suspended below the corkline by lines of no less than five feet in length between the corkline and the upper margin of the tangle net. A dropper-type excluder means the entire net is suspended below the surface of the water by lines of no less than five feet in length extending from individual surface floats to a submersed corkline. The corkline cannot be capable of floating the net in its entirety (including the leadline) independent of the attached floats. Weedlines or droppers must extend a minimum of 5 feet above the 4-1/4 inch maximum mesh size tangle net. (a) Tangle nets constructed with a steelhead excluder panel, weedlines, or droppers, may extend to a maximum length of 1,050 feet (175 fathoms). (b) Tangle nets constructed with a steelhead excluder panel, weedlines, or droppers, along with a red cork every 25 fathoms as required in section (5) above, must have two red corks at each end of the net. (7) There are no restrictions on the hang ratio. The hang ratio is used to horizontally add slack to the net. The hang ratio is determined by the length of the web per length of the corkline. (8) There are no restrictions on the use of slackers or stringers to slacken the net vertically. (9) Nets shall be fished for no longer than 45 minutes per set. The time of fishing is measured from when the first mesh of the net is deployed into the water until the last mesh of the net is fully retrieved from the water. (10) It is unlawful for a net in whole or in part to be anchored, tied, staked, fixed, or attached to the bottom, shore, or a beached boat; left unattended at any time it is fished; or attended by more than one boat while being fished. (11) It is unlawful to fish more than one net from a licensed commercial fishing boat at any one time. (12) Nets fished from sunset to sunrise shall have lighted buoys on both ends of the net unless the net is attached to the boat then one lighted buoy on the opposite end of the net from the boat is required. (13) Non-legal sturgeon, nonadipose fin-clipped Chinook salmon, and steelhead must be released immediately with care and the least possible injury to the fish to the river without violence or into an operating recovery box. (a) One operating recovery box with two chambers or two operating recovery boxes with one chamber each to aid survival of released fish must be on board each fishing vessel participating in the fishery. Recovery boxes shall be operating during any time that a net is being retrieved or picked. 4 - Div. 042 10-24-14 Oregon Administrative Rules Oregon Department of Fish and Wildlife (b) All salmon and steelhead that are bleeding, in lethargic condition, or appearing dead must be placed in the recovery box for rehabilitation purposes prior to release to the river. (c) Each chamber of the recovery box must meet the following dimensions as measured from within the box; the inside length measurement must be at or within 39-1/2 to 48 inches, the inside width measurement must be at or within 8 to 10 inches, and the inside height measurement must be at or within 14 to 16 inches. (d) Each chamber of the recovery box must include an operating water pumping system capable of delivering a minimum flow of 16 gallons per minute not to exceed 20 gallons per minute of fresh river water into each chamber. The fisher must demonstrate to the Department and Washington Department of Fish and Wildlife employees, fish and wildlife enforcement officers, or other peace officers, upon request, that the pumping system is delivering the proper volume of fresh river water into each chamber. (e) Each chamber of the recovery box must include a water inlet hole between 3/4 inch and 1 inch in diameter, centered horizontally across the door or wall of chamber and 1-3/4 inches from the floor of the chamber. (f) Each chamber of the recovery box must include a water outlet that is at least 1-1/2 inches in diameter. The center of the outlet hole must be located a minimum of 12 inches above the floor of the box or chamber, on either the same or opposite end as the inlet. (g) All fish placed in recovery boxes must be released to the river prior to landing or docking. (14) At least one fisher on each boat engaged in the fishery must have in possession a valid certificate issued by a representative of the Department or the Washington Department of Fish and Wildlife that indicates the fisher had attended a one-day workshop hosted by the Department or Washington Department of Fish and Wildlife to educate fishers on regulations and best methods for conduct of the fishery. No individual may obtain more than one Live Capture Fishery Certificate. The certificate must be displayed to the Department and Washington Department of Fish and Wildlife employees, fish and wildlife enforcement officers, or other peace officers upon request. (15) Nothing in this section sets any precedent for any fishery after the 2006 spring Chinook fishery. The fact that an individual held a Live Capture Fishery Certificate in spring 2006 does not entitle the certificate holder to participate in any other fishery. If the Department authorizes a Live Capture fishery in the spring or at any other time, the Department may establish qualifications and requirements that are different from those established for 2006. In particular, the Department may consider an individual's compliance with these rules in determining that individual's eligibility to participate in any future Live Capture fisheries. (16) As authorized by OAR-635-006-0140 owners or operators of commercial fishing vessels must cooperate with Department fishery observers, or observers collecting data for the Department, when asked by the Department to carry and accommodate an observer on fishing trips for observation and sampling during an open fishery. (17) Closed waters, as described in OAR 635-042-0005 for Grays River, Elokomin-B sanctuary, Abernathy Creek, Cowlitz River, Kalama-B sanctuary, and Lewis-B sanctuary are in effect during the open fishing periods identified. Stat. Auth.: ORS 496.138, ORS 496.146 & 506.119 Stats. Implemented: ORS 496.162, ORS 506.129 & ORS 507.030 Hist: DFW 142-2008, f. & cert. ef. 11-21-08 635-042-0025 Sockeye Season (1) Sockeye salmon, shad, sturgeon, and chinook salmon 24 inches or less may be taken for commercial purposes from the Columbia River fishery below Bonneville Dam in: Zones 1 and 2 between 6 p.m. June 21 and 6 p.m. June 22, 1988. (2) For the purpose of this rule, Zones 1 and 2 is the area of the Columbia River downstream of a line drawn due south from the Cowlitz/Wahkiakum county line. (3) During the season provided in section (1) of this rule, it is unlawful to use other than a single-wall floater gill net or to use nets with slackers or stringers, aprons, or trammels. Mesh size shall not exceed 4-1/2 inches. (4) All fish not listed in section (1) of this rule must be immediately returned to the water and those alive released unharmed. Stat. Auth.: ORS 496.118 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: FWC 48-1988, f. & cert. ef. 6-21-88; Administrative correction 6-21-01 5 - Div. 042 10-24-14 Oregon Administrative Rules Oregon Department of Fish and Wildlife 635-042-0027 Summer Salmon Season Stat. Auth.: ORS 496.118, ORS 506.109 & ORS 506.129 Stats. Implemented: ORS 506.119and ORS 507.030 Hist.: DFW 5-2006, f. & cert. ef. 2-15-06 635-042-0031 See below: Temp. Rule effective 9-25-14 thru 10-31-14 Early Fall Salmon Season Salmon and sturgeon may be taken for commercial purposes in the waters of the Columbia River: Zones 1-5, as identified in OAR 635-042-0001. (1) From the lower boundary of Area 2S at light “50” upstream to Beacon Rock as described in OAR 635-0420001(6). The open fishing period is from 8 p.m. August 24, 1997 to 6 a.m. August 25, 1997. (2) Gear is restricted to gill nets with a 9-inch minimum mesh size. Stat. Auth.: ORS 496.118, 506.109 & 506.129 Stats. Implemented: ORS 506.119 & 507.030 Hist.: FWC 49-1997, f. 8-20-97, cert. ef. 8-24-97 635-042-0031 Temp. Rule effective 9-25-14 thru 10-31-14 Early Fall Salmon Season (1) Salmon and shad may be taken for commercial purposes in the waters of the Columbia River: Zones 4-5, as identified in OAR 635-042-0001. The deadline at the lower end of Zone 4 is defined as a straight line projected from the Warrior Rock Lighthouse on the Oregon shore easterly through the green navigation Buoy #1 and continuing to the Washington shore. (a) Authorized fishing periods are as follows: Thursday, September 25 through Wednesday, October 15, 2014 (9 nights); from 8:00 p.m. to 6:00 a.m. (10 hours) through October 1, 2014; and from 7:00 p.m. to 7:00 a.m. (12 hours) from October 2 through October 15, 2014. (b) Sanctuaries include: Washougal and Sandy rivers. (c) Gear is restricted to drift gill nets only with 8-inch minimum and 9.75-inch maximum mesh sizes. The multiple net rule is in effect. Nets not specifically authorized for use in this fishery may be onboard the vessel if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater. (d) Allowable sales include: Chinook, coho, pink, and sockeye salmon and shad. (2) Non-Indian mainstem commercial research fishery: (a) Salmon and shad may be taken with seine gear by those individuals possessing a 2014 seine permit issued by Oregon or Washington (Emerging Fishery license and Experimental Fishery Permit in WA; Experimental Gear Permit in OR). (b) Season: Area: 6:30 a.m. to 7:00 p.m. Friday, September 19 (12.5 hours) ......................Zones 1-5 6:30 a.m. to 7:00 p.m. Monday, September 22 (12.5 hours)....................Zones 1-5 6:30 a.m. to 7:00 p.m. Tuesday, September 23 (12.5 hours) ..................Zones 1-5 6:30 a.m. to 7:00 p.m. Wednesday, September 24 (12.5 hours) .............Zones 1-5 6:30 a.m. to 7:00 p.m. Thursday, September 25 (12.5 hours) .................Zones 1-5 6:30 a.m. to 7:00 p.m. Friday, September 26 (12.5 hours) ......................Zones 1-5 6:30 a.m. to 7:00 p.m. Monday, September 29 (12.5 hours)....................Zones 1-5 6:30 a.m. to 7:00 p.m. Tuesday, September 30 (12.5 hours) ..................Zones 1-5 (c) Sanctuaries: Elochoman-A, Cowlitz, Kalama-A, Lewis-A, Sandy, and Washougal rivers. Fishing in Select Area commercial fishing sites is prohibited. (d) Gear: (A) Beach or purse seine gear is allowed. Only one net is allowed per participating vessel. (B) Mesh size restricted to a 3.5-inch maximum (inside of knot to outside of knot using hand tension stretched measure). (C) Net material to consist of 3-strand nylon; twine size greater than or equal to #12. (D) Seines may include a bunt of 1.0-2.0 inch knotless mesh. 6 - Div. 042 10-24-14 Oregon Administrative Rules Oregon Department of Fish and Wildlife (E) Net length not to exceed 200 fathoms (including associated lead nets) and depth not to exceed 200 meshes. Seine and lead lines may not be connected. Lead nets must be retrieved daily. (F) No restrictions on corkline, leadline or use of stringers and slackers. (G) A chafing strip panel consisting of non-monofilament webbing (such as nylon seine web or polyethylene trawl web) is allowed on bottom of net; maximum panel depth is five feet. Chafing mesh not to exceed 3.5-inch stretched measure for beach seines and 5-inch stretched measure for purse seines. There are no restrictions associated with hangings used to connect the net to the chafing panel or the net or chafing panel to the leadline or corkline. (H) Red corks are required at 25-fathom intervals and red corks must be in contrast to the corks used in the remainder of the net. (e) Allowable sales include: Adipose or left ventral fin-clipped Chinook, adipose-clipped coho, pink and sockeye salmon and shad. Subject to Individual Fishing Quotas (as defined in the 2014 seine permits) and fishing regulations, all legally caught salmon must be landed. (f) Hand sorting or use of a knotless dip net is required for sorting. All fish must be sorted and/or released prior to removing entire seine from the water. Dry sorting is not permitted. (g) Sort time is not to exceed 75 minutes: (A) For beach seines, sort time is defined as the elapsed time from when the outer towed end of the net first contacts the shore or block until the net is emptied of fish. (B) For purse seines, sort time is defined as the elapsed time from when all rings are pursed and out of the water until the net is emptied of fish. (h) As a condition of fishing, agency observers are required to be present at all times during fishing operations. Stat. Auth.: ORS 496.118, 506.109 & 506.129 Stats. Implemented: ORS 506.119 & 507.030 Hist.: Adopted 9-24-14, f. 9-24-14, ef. 9-25-14 635-042-0032 See below: Temp. Rule effective 10-13-14 thru 10-31-14 Coho Target Fishery (1) Salmon may be taken in the Columbia River for commercial purposes in all of, or portions of Zones 1-5 (described in OAR 635-042-0001). This is a target fishery for coho; however, chinook may at times be taken. (2) The open fishing period and areas are determined annually. (3) Nets are to be hung even with no strings, slackers, trammels, or riplines used to slacken nets. Riplines are allowed providing they do not slacken the net. Maximum mesh size is six inches. (4) Closed areas are set forth in OAR 635-042-0005 and include the larger (B) sanctuary at Elokomin River and the (B) Lewis River sanctuary. Stat. Auth.: ORS 183.325, 506.109 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: Adopted 3-17-11, f. & ef. 3-21-11 635-042-0032 Temp. Rule effective 10-13-14 thru 10-31-14 Coho Target Fishery (1) Chinook, adipose fin-clipped coho, pink and sockeye salmon and shad may be taken in the Columbia River by tangle net for commercial purposes in all of, or portions of Zones 1-3 from the mouth of the Columbia River upstream to a line projected from Warrior Rock Lighthouse on the Oregon shore easterly through the green navigation buoy #1 and continuing to the Washington shore. An adipose fin clip salmon is defined as a hatchery salmon with a clipped adipose fin and having a healed scar at the location of the fin. The adipose fin is the small fatty fin on salmonids located between the dorsal fin and tail. (2) Authorized Fishing Periods are as follows: 7:00a.m. to 7:00p.m. Monday, October 13, 2014 (12 Hours); 7:00a.m. to 7:00p.m. Tuesday, October 14, 2014 (12 hours); 7:00a.m. to 7:00p.m. Monday, October 20, 2014 (12 hours); and 7:00a.m. to 7:00p.m. Tuesday October 21, 2014 (12 hours); (3) During the fall coho tangle net fishery: (a) It is unlawful to use other than a single-wall multi-filament floater net. Monofilament nets are not allowed. Maximum mesh size is 3-3/4 inches determined by placing three consecutive meshes under hand tension and the 7 - Div. 042 10-24-14 Oregon Administrative Rules Oregon Department of Fish and Wildlife measurement is taken from the inside of one knot to the inside of the opposite knot of the center mesh. Hand tension means sufficient linear tension to draw opposing knots of meshes into contact. (4) Nets shall not exceed 900 feet (150 fathoms) in length. A red cork must be placed on the corkline every 25 fathoms as measured from the first mesh of the net. Red corks at 25-fathom intervals must be in color contrast to the corks used in the remainder of the net. (5) There are no restrictions on the hang ratio. The hang ratio is used to horizontally add slack to the net. The hang ratio is determined by the length of the web per length of the corkline. (6) The use of slackers or stringers to slacken the net vertically is prohibited. Rip lines are allowed providing they do not vertically slacken the net. (7) Nets that are fished at any time between official sunset and official sunrise must have lighte buoys on both ends of the net unless the net is attached to the boat. If the net is attached to the boat, then one lighted buoy on the opposite end of the net from the boat is required. (8) Nets shall be fished for no longer than 30 minutes per set. The time of fishing is measured from when the first mesh of the net is deployed into the water until the last mesh of the net is fully retrieved from the water. (9) All non-legal fish must be released unharmed immediately to the river or into an operating recovery box. (a) One operating recovery box with two chambers or two operating recovery boxes with one chamber each must be on board each fishing vessel participating in the fishery. Recovery boxes shall be operating during any time that a net is being retrieved or picked. (b) All non-legal salmon and all steelhead that are bleeding, in lethargic condition, or appearing lifefless (condition 2-5) must be placed in the recovery box prior to release to the river. (c) Each chamber of the recovery box must meet the following dimensions as measured from within the box; the inside length measurement must be at or within 39-1/2 to 48 inches, the inside width measurement must be at or within 8 to 10 inches, and the inside height measurement must be at or within 14 to 16 inches. (d) Each chamber of the recovery box must include an operating water pumping system capable of delivering a minimum flow of 16 gallons per minute not to exceed 20 gallons per minute of fresh river water into each chamber. The fisher must demonstrate to the Department and Washington Department of Fish and Wildlife employees, fish and wildlife enforcement officers, or other peace officers, upon request, that the pumping system is delivering the proper volume of fresh river water into each chamber. (e) Each chamber of the recovery box must include a water inlet hole between 3/4 inch and 1 inch in diameter, centered horizontally across the door or wall of chamber and 1-3/4 inches from the floor of the chamber. (f) Each chamber of the recovery box must include a water outlet that is at least 1-1/2 inches in diameter. The center of the outlet hole must be located a minimum of 12 inches above the floor of the box or chamber, on either the same or opposite end as the inlet. (g) All fish placed in recovery boxes must be released to the river prior to landing or docking. (10) At least one fisher on each boat engaged in the fishery must have completed training provided by the Oregon or Washington Department of Fish and Wildlife (Departments) to educate fishers on regulations and best methods for conducting live capture fisheries. (11) Owners or operators of commercial fishing vessels must cooperate with State fishery observers, or observers collecting data for the Departments, when asked by the Departments to carry and accommodate an observer on fishing trips for observation and sampling during an open fishery. (12) Closed areas include the following sanctuaries: Elokomin-A, Cowlitz River, Kalama-A, and the Lewis-A. Stat. Auth.: ORS 183.325, 506.109 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: Adopted 10-8-14, f. 10-8-14, ef. 10-13-14 635-042-0060 See below: Temp. Rule effective 10-23-14 thru 12-31-14 Late Fall Salmon Season Salmon may be taken for commercial purposes from the Columbia River in the following areas as described in OAR 635-042-0001: (1) In all of, or portions of Zones 1-5, specific open areas and fishing periods will be determined annually. (2) There are no mesh size restrictions, except as determined annually. (3) The status of the sanctuaries as described in OAR 635-042-0005 will be determined annually. Stat. Auth.: ORS 183.325, 506.109 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: Adopted 3-17-11, f. & ef. 3-21-11 8 - Div. 042 10-24-14 Oregon Administrative Rules Oregon Department of Fish and Wildlife 635-042-0060 Temp. Rule effective 10-23-14 thru 12-31-14 Late Fall Salmon Season (1) Late Fall Salmon Fishery Zones 1-3. (a) Salmon may be taken for commercial purposes from the Columbia River in Zones 1 through 3, upper deadline defined as a straight line projected from the Warrior Rock Lighthouse on the Oregon shore easterly through the green navigation Buoy #1 and continuing to the Washington shore during the following fishing periods: 7:00 a.m. to 7:00 p.m. Thursday, October 23, 2014 (12 hours); 7:00 a.m. to 7:00 p.m. Friday, October 24, 2014 (12 hours); 7:00 a.m. to 7:00 p.m. Monday, October 27, 2014 (12 hours); 7:00 a.m. to 7:00 p.m. Tuesday, October 28, 2014 (12 hours); 7:00 a.m. to 7:00 p.m. Wednesday, October 29, 2014 (12 hours); 7:00 a.m. to 7:00 p.m. Thursday, October 30, 2014 (12 hours); and 7:00 a.m. to 7:00 p.m. Friday, October 31, 2014 (12 hours); (b) For the fishing periods described in section (1)(a) above, gear is restricted to drift gill nets with a 6-inch maximum mesh size. Mesh size is determined as described in OAR 635-042-0010(3) except the mesh size for nets with a maximum mesh size of 3-3/4 inches or less is determined by placing three consecutive meshes under hand tension and the measurement is taken from the inside of one knot to the inside of the opposite knot of the center mesh. Hand tension means sufficient linear tension to draw opposing knots of meshes into contact. The multiple net rule is in effect for all authorized fishing periods. Nets not authorized for a specific fishery may be onboard the vessel if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater. Nets fished any time between official sunset and official sunrise must have lighted buoys on both ends of the net. If the net is attached to the boat, then one lighted buoy on the end of the net opposeite the boat is required. (c) For the fishing periods described in section (1)(a) above sturgeon and chum salmon may not be possessed or sold by participating vessels. Allowable sales are Chinook, coho, pink, and sockeye salmon and shad. (d) Sanctuaries in effect for fishing periods described in section (1)(a) above are: Elokomin-A, Cowlitz River, Kalama-A, and Lewis-A for all fishing periods; and Grays Bay beginning October 27. (2) Late Fall Salmon Fishery Zones 4-5. (a) Salmon may be taken for commercial purposes from the Columbia River in Zones 4 through 5, lower deadline defined as a straight line projected from the Warrior Rock Lighthouse on the Oregon shore easterly through the green navigation Buoy #1 and continuing to the Washington shore during the following fishing periods: 7:00 p.m. Thursday October 23 to 7 a.m. Friday October 24, 2014 (12 hours) 7:00 p.m. Sunday, October 26 to 7 a.m. Monday, October 27, 2014 (12 hours); 7:00 p.m. Tuesday, October 28 to 7 a.m. Wednesday, October 29, 2014 (12 hours); and 7:00 p.m. Thursday, October 30 to 7 a.m. Friday, October 31, 2014 (12 hours) (b) For the fishing periods described in section (2)(a) above, gear is restricted to drift gill nets with an 8-inch minimum mesh size. The multiple net rule is in effect for all authorized fishing periods. Nets not authorized for a specific fishery may be onboard the vessel if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater. Nets fished any time between official sunset and official sunrise must have lighted buoys on both ends of the net. If the net is attached to the boat, then one lighted buoy on the end of the net opposite the boat is required. (c) For the fishing periods described in sections (2)(a) above white sturgeon and chum salmon may not be possessed or sold by participating vessels. Allowable sales are Chinook, coho, pink, and sockeye salmon and shad. (d) For the fishing periods described in section (2)(a) above, Washougal and Sandy River sanctuaries are in effect. Stat. Auth.: ORS 183.325, 506.109, 506.119 Stats. Implemented: ORS 506.129, 507.030 Hist.: Adopted 10-23-14, f. 10-23-14, ef. 10-23-14 9 - Div. 042 10-24-14 Oregon Administrative Rules Oregon Department of Fish and Wildlife Special Commercial Fishing Seasons 635-042-0100 Anchovies and Herring Season Anchovies and herring may be taken for commercial purposes at any time in the Columbia River seaward of the Megler-Astoria Bridge with purse, lampara, and round haul seines of a mesh size not less than one half inch and not over 1,400 feet in length. All other species taken in operation of such gear must immediately with care be returned to the water. Stat. Auth.: ORS 496.118 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: FWC 10-1988, f. & cert. ef. 3-4-88 635-042-0105 Shad Season Shad may be taken for commercial purposes from the Columbia River below Bonneville Dam during commercial salmon seasons with the same fishing gear authorized for the taking of salmon. Stat. Auth.: ORS 496.118 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: FWC 2-1987, f. & ef. 1-23-87 635-042-0110 Gary Island to Bonneville Dam (Area 2S) Shad Season (1) Shad may be taken for commercial purposes from the area of the Columbia River described in section (2) from 3:00 p.m. to 10:00 p.m. daily, Monday through Friday (except on the observed Memorial Day holiday), from May 10 through June 20. (2) The area of the Columbia River open to fishing is from a downstream boundary of a true north/south line through the flashing red 4-second Light "50" near the Oregon bank to an upstream boundary of a straight line from a deadline marker on the Oregon bank, through the western tip of Pierce Island, to a deadline marker on the Washington bank at Beacon Rock, both such deadline markers located approximately four miles downstream from Bonneville Dam. (3) It is unlawful to use a gillnet having a mesh size less than 5-3/8 inches or more than 6-1/4 inches with a breaking strength greater than a 10-pound pull, or to use a gillnet other than a single wall floater net, or to use a gillnet having slackers, or to use a gillnet of more than 150 fathoms in length or 40 meshes in depth. Rip lines are authorized spaced not closer than 20 corks apart. (4) All salmon, steelhead, walleye and sturgeon taken in shad nets must be immediately returned unharmed to the water. Stat. Auth.: ORS 496.138, 496.146, 506.119 Stats. Implemented: ORS 496.162, 506.129 & 507.030 Hist.: Adopted 3-12-10, f. 3-16-10, ef. 4-1-10 635-042-0115 Camas-Washougal Reef Shad Season (1) Shad may be taken for commercial purposes from the area of the Columbia River described in section (2) daily from 8:00 p.m. to 12:00 Midnight during the following open fishing periods: May 15, 2005 through May 19, 2005; May 22, 2005 through May 26, 2005; May 29, 2005 through June 2, 2005; June 5, 2005 through June 9, 2005; June 12, 2005 through June 16, 2005; and June 19, 2005 through June 23, 2005. (2) The area of the Columbia River open to fishing is from a line commencing at the green 6-second equal-interval light approximately 3/4-mile east of the Washougal Woolen Mill pipeline and projected westerly to the Washougal blinker light; thence continuing westerly to the green 4-second blinker light on the east end of Lady Island; thence easterly and northerly along the shoreline of Lady Island to the State Highway 14 Bridge; thence easterly across State Highway 14 Bridge to the mainland. 10 - Div. 042 10-24-14 Oregon Administrative Rules Oregon Department of Fish and Wildlife (3) It is unlawful to use a gill net having a mesh size less than 5-3/8 inches or more than 6-1/4 inches with a breaking strength greater than a 30-pound pull or to use a gill net other than a single wall floater net, or to use a gill net having slackers. Rip lines are authorized spaced no closer than 20 corks apart. (4) All salmon, steelhead, walleye, and sturgeon taken in shad nets must be immediately returned unharmed to the water. Stat. Auth.: ORS 183.325 & ORS 506.119 Stats. Implemented: ORS 506.129 & ORS 507.030 Hist.: DFW 6-2005, f. & cert. ef. 2-14-05 635-042-0130 Smelt Season (1) Smelt may not be taken for commercial purposes from the Columbia River at any time. Stat. Auth.: ORS 183.325, 506.109 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: Adopted 3-17-11, f. & ef. 3-21-11 635-042-0133 Sturgeon Size (1) White sturgeon with a fork length of 43-54 inches may be taken for commercial purposes from the Columbia River below Bonneville Dam during commercial salmon and sturgeon fishing seasons with the same fishing gear authorized for the taking of salmon or sturgeon. (2) Length of a commercially caught sturgeon shall be defined as the shortest distance between the tip of the nose and the fork between the upper and lower lobes of the caudal fin (tail) while the fish lies on its side on a flat surface with its tail in a normal position. (3) It is unlawful to: (a) Mutilate or disfigure a sturgeon in any manner which extends or shortens its length to the legal limit, or to possess such sturgeon; (b) Remove the head or tail of any sturgeon taken for commercial purposes prior to being received at the premises of a wholesale fish dealer or canner; (c) Have in possession any white sturgeon smaller than 43 inches or larger than 54 inches in fork length. (d) Fail to return to the water immediately and unharmed, any green sturgeon, any white sturgeon not of lawful size, or any white sturgeon taken in excess of any commercial catch or possession limits prescribed by Department rule. Stat. Auth.: ORS 183.325, ORS 506.109 & ORS 506.119 Stats. Implemented: ORS 506.129 & ORS 507.030 Hist.: Adopted 2-20-09, f. & cert. ef. 2-26-09 635-042-0135 Sturgeon Season (1) White sturgeon may be taken for commercial purposes from the Columbia River below Bonneville Dam during commercial salmon fishing seasons with the same fishing gear authorized for the taking of salmon. (2) Retention of green sturgeon in all mainstem Columbia River and Select Area commercial fisheries is prohibited. (3) White sturgeon and adipose fin-clipped salmon may be taken for commercial purposes from the Columbia River below Bonneville Dam during commercial sturgeon/salmon fishing seasons using gill nets with a minimum mesh size of nine inches and a maximum mesh size of 9 3/4 inches. Only white sturgeon and adipose fin-clipped salmon may be sold from this fishery. The open fishing periods are: (a) 6:00 p.m. Tuesday January 8 to 6:00 p.m. Wednesday January 9, 2008; (b) 6:00 p.m. Tuesday January 15 to 6:00 p.m. Wednesday January 16, 2008; (c) 6:00 p.m. Tuesday January 22 to 6:00 p.m. Wednesday January 23, 2008; (d) 6:00 p.m. Tuesday January 29 to 6:00 p.m. Wednesday January 30, 2008; (e) 6:00 p.m. Tuesday February 5 to 6:00 p.m. Wednesday February 6, 2008; and (f) 6:00 p.m. Tuesday February 12 to 6:00 p.m. Wednesday February 13, 2008. 11 - Div. 042 10-24-14 Oregon Administrative Rules Oregon Department of Fish and Wildlife (4) White sturgeon and salmon must be delivered to wholesale fish dealers, canners, or fish buyers undressed (in the round). (5) It is unlawful to: (a) Take sturgeon and salmon by angling from any vessel that is engaged in commercial fishing (including the period of time the gear is fished) or has been engaged in commercial fishing on that same day or has commercially caught sturgeon or salmon aboard; (b) Steal or otherwise molest or disturb any lawful fishing gear; (c) Keep any fish taken under a commercial license for personal use; (d) Remove the head or tail of any white sturgeon taken for commercial purposes prior to being received at the premises of a wholesale fish dealer or canner; (e) Sell or attempt to sell unprocessed or processed sturgeon eggs that have been taken from the Columbia River below Bonneville Dam; (f) Purchase from commercial fishermen sturgeon eggs which have been removed from the body cavity prior to sale; (g) Have in possession any white sturgeon smaller than 48 inches or larger than 60 inches in overall length; (h) Gaff or penetrate sturgeon in any way while landing or releasing it. (6) The Sandy River closed sanctuary, described in OAR 625-042-0005, is in effect during the fishing periods described in subsection (3) of this rule. Stat. Auth.: ORS 183.325, 506.109 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: DFW 10-2008, f. & cert. ef. 2-11-08 635-042-0145 See below: Temp. Rule effective 8-5-14 thru 10-31-14 Youngs Bay Salmon Season (1) Salmon, white sturgeon, and shad may be taken for commercial purposes in those waters of Youngs Bay. (a) The open fishing periods are established in three segments categorized as the winter fishery, subsection (1)(a)(A); the spring fishery, subsection (1)(a)(B); and summer fishery, subsection (1)(a)(C), as follows: (A) Winter Season: (i) Entire Youngs Bay: Sunday, Tuesday and Thursday from February 13 through March 10 (12 days) starting at 12:00 noon through 6:00 a.m. the following morning (18 hours). (ii) Upstream of old Youngs Bay Bridge: 2:00 p.m. to 8:00 p.m. Monday, March 14, 2011 (6 hours) and 2:00 p.m. to 8:00 p.m. Wednesday, March 16, 2011 (6 hours). (B) Spring Season: (i) Entire Youngs Bay: 6:00 p.m. to midnight Monday, April 18, 2011 (6 hours); 6:00 p.m. to midnight Thursday, April 21, 2011 (6 hours); 6:00 p.m. Monday April 25 to noon Tuesday, April 26, 2011 (18 hours); 6:00 p.m. Thursday, April 28 to noon Friday, April 29, 2011 (18 hours); 6:00 p.m. Sunday, May 1 to noon Monday, May 2, 2011 (18 hours); 6:00 p.m. Tuesday, May 3 to noon Wednesday, May 4, 2011 (18 hours); 6:00 p.m. Thursday, May 5 to noon Friday, May 6, 2011 (18 hours); and Mondays at noon through Fridays at noon (4 days), beginning Monday, May 9 through Friday, June 10, 2011 (20 days total). (C) Summer Season: (i) Entire Youngs Bay: 6:00 a.m. Wednesdays to 6:00 a.m. Fridays (48 hours) beginning Wednesday June 15 through Friday July 29, 2011 (14 fishing days). (b) The fishing areas for the winter, spring and summer fisheries are: (A) From February 13 through March 11 and from April 18 through July 29, 2011, the fishing area is identified as the waters of Youngs Bay from the Highway 101 Bridge upstream to the upper boundary markers at the confluence of the Klaskanine and Youngs rivers; except for those waters which are closed southerly of the alternate Highway 101 Bridge (Lewis and Clark River). (B) On March 14 and 16, 2011, the fishing area extends from the old Youngs Bay Bridge upstream to the upper boundary markers at the confluence of the Youngs and Klaskanine rivers. (2) Gill nets may not exceed 1,500 feet (250 fathoms) in length and weight may not exceed two pounds per any fathom. A red cork must be placed on the corkline every 25 fathoms as measured from the first mesh of the net. Red corks at 25-fathom intervals must be in color contrast to the corks used in the remainder of the net. (a) It is unlawful to use a gill net having a mesh size that is less than 7-inches during the winter season. It is unlawful to use a gill net having a mesh size that is more than 9.75-inches during the spring and summer seasons. Nets that are fished at any time between official sunset and official sunrise must have lighted buoys on both ends 12 - Div. 042 10-24-14 Oregon Administrative Rules Oregon Department of Fish and Wildlife of the net unless the net is attached to the boat. If the net is attached to the boat, then one lighted buoy on the opposite end of the net from the boat is required. (b) The use of additional weights or anchors attached directly to the leadline is allowed upstream of markers located approximately 200 yards upstream of the mouth of the Walluski River during all Youngs Bay commercial fisheries. (3) A maximum of two white sturgeon may be possessed or sold by each participating vessel during each calendar week (Sunday through Saturday) that the fisheries are open. During the fishing periods identified in subsections (1)(a)(A), (1)(a)(B) and (1)(a)(C), the weekly white sturgeon limit applies to combined possessions and sales for all open Select Area fisheries. Stat. Auth.: ORS 183.325, 506.109 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: DFW 23-2011, f. & cert. ef. 3-21-11 635-042-0145 Temp. Rule effective 8-5-14 thru 10-31-14 Youngs Bay Salmon Season (1) Chinook, coho pink, and sockeye salmon and shad may be taken for commercial purposes in those waters of Youngs Bay described as all waters from the new Highway 101 bridge upstream to the upper boundary markers at Battle Creek Slough; including the lower Walluski River upstream to the Highway 202 bridge and the lower Lewis and Clark River upstream to the overhead power lines immediately upstream of Barrett Slough. Open fishing periods are as follows: 7:00 p.m. Tuesdays through 7:00 a.m. Thursdays, weekly from August 5 through August 21, 2014 (three 36-hour periods); 7:00 p.m. Monday, August 25 through 7:00 a.m. Friday, August 29, 2014 (3.5 days); and 7:00 p.m. Monday, September 1 through noon Friday, October 31, 2014 (61 days). (2) Gill nets may not exceed 1,500 feet (250 fathoms) in length and weight may not exceed two pounds per any fathom except the use of additional weights and/or anchors attached directly to the leadline is allowed upstream of markers located approximately 200 yards upstream of the mouth of the Walluski River and the upper deadline at Battle Creek Slough and in the Lewis and Clark River from the Alternate Highway 101 bridge upstream to the overhead power lines immediately upstream of Barrett Slough. A red cork must be placed on the corkline every 25 fathoms as measured from the first mesh of the net. Red corks at 25-fathom intervals must be in color contrast to the corks used in the remainder of the net. (a) It is unlawful to use a gill net having a mesh size that is more than 9.75 inches through August 21 and more than 6 inches thereafter. Nets that are fished at any time between official sunset and official sunrise must have lighted buoys on both ends of the net unless the net is attached to the boat. If the net is attached to the boat, then one lighted buoy on the opposite end of the net from the boat is required. (b) Nets not specifically authorized for use in these areas may be onboard a vessel if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater. (3) Non-resident commercial fishing and boat licenses are not required for Washington fishers participating in Youngs Bay commercial fisheries. A valid fishing and boat license issued by the state of Washington is considered adequate for participation in this fishery. The open area for non-resident commercial fishers includes all areas open for commercial fishing. Stat. Auth.: ORS 183.325, 506.109 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: Adopted 7-29-14, f. 8-4-14, ef. 8-5-14 635-042-0151 Big Creek Terminal Salmon Season Salmon and sturgeon may be taken for commercial purposes as follows: (1) In those waters known as the Big Creek terminal salmon fishing area which is Calendar and Big Creek Sloughs east from boundary markers at the west end of Minaker Island, upstream to a marker on the south bank at the mouth of Blind Slough, across to a marker on the north bank of Blind Slough and then to a marker on Karlson Island, except a 100 foot radius defined by markers at the mouth of Big Creek remains closed. (2) The open fishing periods are from 7 p.m. September 2, 1997 to 7 p.m. September 4, 1997 and 7 p.m. September 9, 1997 to 7 p.m. September 11, 1997. 13 - Div. 042 10-24-14 Oregon Administrative Rules Oregon Department of Fish and Wildlife (3) Gill nets may not exceed 100 fathoms in length. There is no mesh size restriction and no limit on the amount of weight on the lead line. (4) It is unlawful for individuals other than licensed fish buyers to transport or possess fish outside of the open fishing area described in section (1) of this rule during times when the commercial taking of fish in the adjacent main stem Columbia River is closed. (5) Only salmon and sturgeon may be taken and sold commercially. Stat. Auth.: ORS 183.325 & 506.119 Stats. Implemented: ORS 506.109 & 506.129 Hist.: FWC 48-1997, f. & cert. ef. 8-25-97 635-042-0154 Carp and Other Nongame Fish It is unlawful to fish for or possess carp and other nongame fish from the Columbia River for commercial purposes except: (1) As authorized by ORS 508.106 (Permit to take carp or other foodfish). (2) During open commercial fishing periods with gear authorized for those open commercial fishing periods. Stat. Auth.: ORS 183.325 & 506.119 Stats. Implemented: ORS 506.109 & 506.129 Hist.: FWC 10-1988, f. & cert. ef. 3-4-88 635-042-0160 See below: Temp. Rule effective 9-19-14 thru 10-31-14 Blind Slough and Knappa Slough Select Area Salmon Season (1) Salmon, white sturgeon, and shad may be taken for commercial purposes during open fishing periods described as the winter fishery and the spring fishery in subsections (1)(a)(A) and (1)(a)(B) of this rule in those waters of Blind Slough and Knappa Slough. The following restrictions apply: (a) The open fishing periods are established in segments categorized as the winter fishery in Blind Slough only in subsection (1)(a)(A), and the spring fishery in Blind Slough and Knappa Slough in subsection (1)(a)(B). The seasons are open nightly from 7:00 p.m. to 7:00 a.m. the following morning (12 hours), as follows: (A) Blind Slough Only: (i) Sunday and Thursday nights beginning Sunday, February 13 through Sunday, March 13, 2011 (9 nights); Wednesday night March 16, 2011 (1 night); and Sunday nights from March 20 through April 3, 2011 (3 nights). (B) Blind and Knappa Sloughs: (i) Monday and Thursday nights beginning Monday, April 18 through Thursday, June 9, 2011 (16 nights). (b) The fishing areas for the winter and spring seasons are: (A) Blind Slough are those waters adjoining the Columbia River which extend from markers at the mouth of Blind Slough upstream to markers at the mouth of Gnat Creek which is located approximately 1/2 mile upstream of the county road bridge. (B) Knappa Slough are all waters bounded by a line from the northerly most marker at the mouth of Blind Slough westerly to a marker on Karlson Island downstream to a north-south line defined by a marker on the eastern end of Minaker Island to markers on Karlson Island and the Oregon shore. (C) During the period from May 2 through June 10, 2011, the Knappa Slough fishing area extends downstream to the boundary lines defined by markers on the west end of Minaker Island to markers on Karlson Island and the Oregon shore. (c) Gear restrictions are as follows: (A) During the winter fishery, outlined above in subsection (1)(a)(A), gill nets may not exceed 100 fathoms in length with no weight limit on the lead line. The attachment of additional weight and anchors directly to the lead line is permitted. It is unlawful to use a gill net having a mesh size that is less than 7-inches. (B) During the spring fishery, outlined above in subsection (1)(a)(B), gill nets may not exceed 100 fathoms in length with no weight limit on the lead line. The attachment of additional weight and anchors directly to the lead line is permitted. It is unlawful to use a gill net having a mesh size that is more than 9.75-inches. (C) Nets that are fished at any time between official sunset and official sunrise must have lighted buoys on both ends of the net unless the net is attached to the boat. If the net is attached to the boat, then one lighted buoy on the opposite end of the net from the boat is required. 14 - Div. 042 10-24-14 Oregon Administrative Rules Oregon Department of Fish and Wildlife (2) A maximum of two white sturgeon may be possessed or sold by each participating vessel during each calendar week (Sunday through Saturday) that the fishery is open. During the fishing periods identified in subsections (1)(a)(A) and (1)(a)(B) the weekly aggregate sturgeon limit applies to combined possessions and sales for all open Select Area fisheries. (3) Oregon licenses are required in the open waters upstream from the railroad bridge. Stat. Auth.: ORS 183.325, 506.109 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: DFW 23-2011, f. & cert. ef. 3-21-11 635-042-0160 Temp. Rule effective 9-19-14 thru 10-31-14 Blind Slough and Knappa Slough Select Area Salmon Season (1) Chinook, coho pink, and sockeye salmon and shad may be taken for commercial purposes during open fishing periods described below in those waters of Blind Slough and Knappa Slough. The following restrictions apply: (a) The seasons in Blind and Knappa sloughs are open nightly on Monday, Tuesday, Wednesday, and Thursday nights from 7:00 p.m. to 7:00 a.m. the following morning (12 hours) beginning Monday, August 25 through Friday, September 12, 2014; from 6:00 p.m. to 8:00 a.m. the following morning (14 hours) beginning Monday, September 15 through Friday, September 19, 2014; and on Sunday, Monday, Tuesday, Wednesday, and Thursday nights from 6:00 p.m. to 10:00 a.m. the following morning (16 hours) beginning September 21 though October 31. (b) The fishing areas for the seasons are: (A) Blind Slough are those waters adjoining the Columbia River which extend from markers at the mouth of Blind Slough upstream to markers at the mouth of Gnat Creek which is located approximately 1/2 mile upstream of the county road bridge. (B) Knappa Slough are all waters bounded by a line from the northerly most marker at the mouth of Blind Slough westerly to a marker on Karlson Island downstream to a north-south line defined by a marker on the west end of Minaker Island to markers on Karlson Island and the Oregon shore. (c) Gear restrictions are as follows: (A) During the fishery, outlined above in subsections (1)(a) and (1)(b), gill nets may not exceed 100 fathoms in length with no weight limit on the lead line. The attachment of additional weight and anchors directly to the lead line is permitted. It is unlawful to use a gill net having a mesh size that is more than 9.75inches. (B) Nets that are fished at any time between official sunset and official sunrise must have lighted buoys on both ends of the net unless the net is attached to the boat. If the net is attached to the boat, then one lighted buoy on the opposite end of the net from the boat is required. (C) Nets not specifically authorized for use in this fishery may be onboard the vessel if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater. (2) Oregon licenses are required in the open waters upstream from the railroad bridge. Stat. Auth.: ORS 183.325, 506.109 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: Adopted 9-18-14, f. & ef. 9-19-14 635-042-0170 See below: Temp. Rule effective 9-19-14 thru 10-31-14 Tongue Point Basin and South Channel (1) Tongue Point includes all waters bounded by a line extended from the upstream (southern most) pier (#1) at the Tongue Point Job Corps facility through navigation marker #6 to Mott Island (new spring lower deadline), a line from a marker at the southeast end of Mott Island northeasterly to a marker on the northwest tip of Lois Island, and a line from a marker on the southwest end of Lois Island due westerly to a marker on the Oregon shore. (2) South Channel area includes all waters bounded by a line from a marker on John Day Point through the green USCG buoy “7” thence to a marker on the southwest end of Lois Island upstream to an upper boundary line from a marker on Settler Point northwesterly to the flashing red USCG marker “10” thence northwesterly to a marker on Burnside Island defining the terminus of South Channel. (3) Salmon, shad and white sturgeon may be taken for commercial purposes in those waters of Tongue Point and South Channel as described in section (1) and section (2) of this rule. Open fishing periods are: 15 - Div. 042 10-24-14 Oregon Administrative Rules Oregon Department of Fish and Wildlife (a) Spring Season: Monday and Thursday nights from 7:00 p.m. to 7:00 a.m. the following morning (12 hours) beginning Monday, April 25 through Thursday, June 9, 2011 (14 nights). (4) Gear restrictions are as follows: (a) In waters described in section (1) as Tongue Point basin, gill nets may not exceed 250 fathoms in length and weight limit on the lead line is not to exceed two pounds on any one fathom. It is unlawful to use a gill net having a mesh size that is more than 9.75-inches. While fishing during the seasons described in this rule, gillnets with lead line in excess of two pounds per fathom may be stored on boats. (b) In waters described in section (2) as South Channel, nets are restricted to 100 fathoms in length with no weight restrictions on the lead line. The attachment of additional weight and anchors directly to the lead line is permitted. It is unlawful to use a gill net having a mesh size that is more than 9.75-inches. While fishing during the seasons described in this rule, gillnets up to 250 fathoms in length may be stored on boats. (c) Nets that are fished at any time between official sunset and official sunrise must have lighted buoys on both ends of the net unless the net is attached to the boat. If the net is attached to the boat, then one lighted buoy on the opposite end of the net from the boat is required. (5) A maximum of two white sturgeon may be possessed or sold by each participating vessel during each calendar week (Sunday through Saturday) that the fishery is open. During the fishing periods identified in section (3)(a) above, the weekly white sturgeon limit applies to combined possessions and sales for all open Select Area fisheries. (6) During April 25 through May 20, transportation or possession of fish outside the fishing area is unlawful except while in transit to the ODFW sampling station and until ODFW staff has biologically sampled individual catches. A sampling station will be established near the Tongue Poing fishing area. Fishers will be able to confirm the location of the sampling station by calling (503) 428-0518. After sampling, fishers will be issued a transportation permit by agency staff. Beginning May 23, fishers are required to call (503) 428-0518 and leave a message including: name, catch, and where and when the fish will be sold. Stat. Auth.: ORS 183.325, 506.109 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: DFW 23-2011, f. & cert. ef. 3-21-11 635-042-0170 Temp. Rule effective 9-19-14 thru 10-31-14 Tongue Point Basin and South Channel (1) Tongue Point fishing area includes all waters bounded by a line from a marker midway between the red USCG navigation light #2 at the tip of Tongue Point and the downstream (northern most) pier (#8) at the Tongue Point Job Corps facility, to the flashing green USCG navigation light #3 on the rock jetty at the west end of Mott Island, a line from a marker at the southeast end of Mott Island northeasterly to a marker on the northwest tip of Lois Island, and a line from a marker on the southwest end of Lois Island westerly to a marker on the Oregon shore. (2) South Channel area includes all waters bounded by a line from a marker on John Day Point through the green USCG buoy “7” to a marker on the southwest end of Lois Island upstream to an upper boundary line from a marker on Settler Point northwesterly to the flashing red USCG marker “10” thence northwesterly to a marker on Burnside Island defining the terminus of South Channel. (3) Chinook, coho pink, and sockeye salmon and shad may be taken for commercial purposes in those waters of Tongue Point and South Channel as described in section (1) and section (2) of this rule. Open fishing periods are: Monday, Tuesday, Wednesday, and Thursday nights from 7:00 p.m. to 7:00 a.m. the following morning (12 hours) beginning Monday, August 25 through Friday, September 12, 2014; and from 4:00 p.m. to 10:00 a.m. the following morning (18 hours) beginning Monday, September 15 through Friday, September 19; and Sunday, Monday, Tuesday, Wednesday, and Thursday nights from 4:00 p.m. to 10:00 a.m. the following morning (18 hours) beginning September 21 through October 31, 2014. (4) Gear restrictions are as follows: (a) In waters described in section (1) as Tongue Point basin, gill nets may not exceed 250 fathoms in length and weight limit on the lead line is not to exceed two pounds on any one fathom. It is unlawful to use a gill net having a mesh size that is more than 6-inches. While fishing during the seasons described in this rule Fishers participating in the Tongue Point fishery may have onboard their vessel, unstored gillnets legal for the South Channel fishery. (b) In waters described in section (2) as South Channel, nets are restricted to 250 fathoms in length with no weight restrictions on the lead line. The attachment of additional weight and anchors directly to the lead line is permitted. It is unlawful to use a gill net having a mesh size that is more than 6-inches. 16 - Div. 042 10-24-14 Oregon Administrative Rules Oregon Department of Fish and Wildlife (c) Nets that are fished at any time between official sunset and official sunrise must have lighted buoys on both ends of the net unless the net is attached to the boat. If the net is attached to the boat, then one lighted buoy on the opposite end of the net from the boat is required. (d) Nets not specifically authorized for use in this fishery may be onboard the vessel if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater. Stat. Auth.: ORS 183.325, 506.109 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: Adopted 9-18-14, f. & ef. 9-19-14 635-042-0180 See below: Temp. Rule effective 9-19-14 thru 10-31-14 Deep River Select Area Salmon Season (1) Salmon, shad, and white sturgeon may be taken for commercial purposes from the US Coast Guard navigation marker #16 upstream to the Highway 4 Bridge. (2) The fishing seasons are open: (a) Winter season: Sunday and Wednesday nights from 7:00 p.m. to 7:00 a.m. the following morning (12 hours) beginning February 13 through March 20, 2011; Sunday, March 27 from 7:00 p.m. to 7:00 a.m. the following morning (12 hours); and Sunday, April 3, 2011 from 7:00 p.m. to 7:00 a.m. the following morning (12 hours) for 13 nights in all. (A) From Sunday, March 27 through Monday, April 4, 2011 the authorized fishing area is reduced to extend from the Oneida Road boat ramp (approximately one-half mile up Deep River from navigation marker 16) upstream to the Highway 4 Bridge. (b) Spring season: Sunday and Wednesday nights from 7:00 p.m. to 7:00 a.m. (12 hours) beginning April 17 through June 8, 2011 (16 nights). (3) Gear restrictions are as follows: (a) Gill nets may not exceed 100 fathoms in length and there is no weight limit on the lead line. The attachment of additional weight and anchors directly to the lead line is permitted. Nets may not be tied off to stationary structures and may not fully cross navigation channel. (b) It is unlawful to operate in any river, stream or channel any gill net longer than three-fourths the width of the stream. It is unlawful in any area to use, operate, or carry aboard a commercial fishing vessel a licensed net or combination of such nets, whether fished singly or separately, in excess of the maximum lawful size or length prescribed for a single net in that area. Nets (or parts of nets) not specifically authorized for use in these areas may be onboard a vessel if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater. (c) Nets that are fished at any time between official sunset and official sunrise must have lighted buoys on both ends of the net unless the net is attached to the boat. If the net is attached to the boat, then one lighted buoy on the opposite end of the net from the boat is required. (d) During the winter season, outlined above in subsection (2)(a), it is unlawful to use a gill net having a mesh size that is less than 7-inches; (e) During the spring season, outlined above in subsection (2)(b) it is unlawful to use a gill net having a mesh size that is more than 9.75-inches. (4) A maximum of two white sturgeon may be possessed or sold by each participating vessel during each calendar week (Sunday through Saturday) that the fishery is open. During the fishing periods identified in subsections (2)(a) and (2)(b) above, the weekly white sturgeon limit applies to combined possessions and sales for all open Select Area fisheries. (5) Transportation or possession of fish outside the fishing area (except to the sampling station) is unlawful until WDFW staff has biologically sampled individual catches. After sampling, fishers will be issued a transportation prmit by WDFW staff. During the winter season, described in subsection (2)(a) above, fishers are required to call (360) 795-0319 for the location and time of sampling. During the spring season, described in subsection (2)(b) above, a sampling station will be established downstream of the Highway 4 Bridge at Stephen's dock. Stat. Auth.: ORS 183.325, 506.109 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: DFW 23-2011, f. & cert. ef. 3-21-11 17 - Div. 042 10-24-14 Oregon Administrative Rules Oregon Department of Fish and Wildlife 635-042-0180 Temp. Rule effective 9-19-14 thru 10-31-14 Deep River Select Area Salmon Season (1) Chinook, coho pink, and sockeye salmon and shad may be taken for commercial purposes from a line through the US Coast Guard navigation marker #16 southwest to a marker on the Washington shore, upstream to the town of Deep River. (2) The fishing seasons are open: 7:00 p.m. to 7:00 a.m. (12 hours) on the following nights: Mondays and Thursdays from August 18-29, 2014 (4 nights); Mondays, Tuesdays, Wednesdays, and Thursdays from September 1-19 2014 (12 nights); 6:00 p.m. to 9:00 a.m. (15 hours) on the following nights: Mondays, Tuesdays, Wednesdays, Thursdays, and Fridays from September 19-27, 2014 (6 nights); Mondays, Tuesdays, Wednesdays, and Thursdays from September 29-October 17, 2014 (12 nights); Monday night October 20, 2014 and Thursday night October 23, 2014 (2 nights). (3) Gear restrictions are as follows: (a) Gill nets may not exceed 100 fathoms in length and there is no weight limit on the lead line. The attachment of additional weight and anchors directly to the lead line is permitted. Nets may not be tied off to stationary structures and may not fully cross navigation channel. (b) It is unlawful to operate in any river, stream or channel any gill net longer than three-fourths the width of the river, stream, or channel. “River, stream, or channel width” is defined as bank-to-bank, where the water meets the banks, regardless of the time of tide or the water level. Nets not specifically authorized for use in this fishery may be onboard the vessel if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater. (c) Nets that are fished at any time between official sunset and official sunrise must have lighted buoys on both ends of the net unless the net is attached to the boat. If the net is attached to the boat, then one lighted buoy on the opposite end of the net from the boat is required. (d) During the seasons, outlined above in section (2), it is unlawful to use a gill net having a mesh size that is more than 9.75-inches through September 12, and more than 6-inches thereafter. Stat. Auth.: ORS 183.325, 506.109 & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: Adopted 9-8-14, f. & ef. 9-19-14 635-042-0190 Steamboat Slough (1) Steamboat Slough includes all waters bounded by markers on Price Island and the Washington shore at both ends of Steamboat Slough. (2) Salmon and sturgeon may be taken for commercial purposes in those waters of Steamboat Slough. Open fishing periods are: (3) Gill nets may not exceed 100 fathoms in length with no weight limit on the leadline. The attachment of additional weight and anchors directly to the lead line is permitted. It is unlawful to use a gill net having a mesh size that is more than 8-inches. Stat. Auth.: ORS 183.325, 506.109, & 506.119 Stats. Implemented: ORS 506.129 & 507.030 Hist.: DFW 6-2005, f. & cert. ef. 2-14-05 18 - Div. 042 10-24-14
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