Secretary of State
Certificate and Order for Filing
FILED
11-10-16 10:53 AM
TEMPORARY ADMINISTRATIVE RULES
ARCHIVES DIVISION
SECRETARY OF STATE
A Statement of Need and Justification accompanies this form.
I certify that the attached copies are true, full and correct copies of the TEMPORARY Rule(s) adopted on 11/08/2016 by the
Department of Fish and Wildlife
635
Agency and Division
Administrative Rules Chapter Number
Michelle Tate
(503) 947-6044
Rules Coordinator
Telephone
4034 Fairview Industrial Dr. SE, Salem, OR 97302
Address
To become effective 11/10/2016 through 12/31/2016.
RULE CAPTION
In-season Adjustments to Commercial Nearshore Black Rockfish Fishery Trip Limits.
Not more than 15 words that reasonably identifies the subject matter of the agency's intended action.
RULEMAKING ACTION
Secure approval of new rule numbers with the Administrative Rules Unit prior to filing.
ADOPT:
AMEND:
635-004-0355
SUSPEND:
635-004-0355(T)
Statutory Authority:
ORS 506.036, 506.109, 506.119, 506.129
Other Authority:
Statutes Implemented:
ORS 506.109, 506.129
RULE SUMMARY
The amended rule implements changes to in-season trip limits for the Oregon commercial nearshore black rockfish fishery that were
inadvertently omitted from a previous filing of this rule. Trip limits for black rockfish increased from 1600 to 2400 pounds in period 4; from 1400
to 2200 pounds in period 5; and from 1000 to 1800 pounds in period 6.
Michelle Tate
Rules Coordinator Name
[email protected]
Email Address
Secretary of State
FILED
STATEMENT OF NEED AND JUSTIFICATION
11-10-16 10:53 AM
A Certificate and Order for Filing Temporary Administrative Rules
accompanies this form.
ARCHIVES DIVISION
SECRETARY OF STATE
Department of Fish and Wildlife
Agency and Division
635
Administrative Rules Chapter Number
In-season Adjustments to Commercial Nearshore Black Rockfish Fishery Trip Limits.
Rule Caption (Not more than 15 words that reasonably identifies the subject matter of the agency's intended action.)
In the Matter of:
Amendment of OAR Chapter 635, Division 004, related to trip limits for ocean commercial fisheries for nearshore rockfish.
Statutory Authority:
ORS 506.036, 506.109, 506.119, 506.129
Other Authority:
Statutes Implemented:
ORS 506.109, 506.129
Need for the Temporary Rule(s):
This amended rule is needed to implement changes to in-season trip limits for the Oregon commercial nearshore black rockfish fishery that
were inadvertently omitted from a previous filing of this rule.
Documents Relied Upon, and where they are available:
1. ODFW Industry Notice to: Commercial Black and Blue Rockfish with and without a Nearshore Endorsement Limited Entry Permit holders
and Processors, dated September 12, 2016.
2. National Marine Fisheries Service Final Rule: Federal Register Vol. 81, No. 170, Dated Thursday September 1, 2016 (81 FR 60288).
A copy of the rules and the other documents relied upon for this rulemaking [the above document] are available from the Oregon Department
of Fish and Wildlife, Fish Division, Second Floor, 4034 Fairview Industrial Drive SE, Salem, Oregon 97302-1142, between the hours of 8:00 a.
m. and 4:00 p.m., on normal working days, Monday through Friday.
Justification of Temporary Rule(s):
Harvest in the commercial nearshore fishery is behind schedule. Desired harvest levels are not expected to be attained at current harvest
rates. Increasing cumulative trip limits for black rockfish in these fisheries will increase the opportunity to achieve the desired harvest levels.
There is not adequate time to go through normal rulemaking proceedings in-order-to increase cumulative trip limits for the current and future
fishing periods.
Michelle Tate
Printed Name
[email protected]
Email Address
Administrative Rules Unit, Archives Division, Secretary of State, 800 Summer Street NE, Salem, Oregon 97310.
ARC 925-2007
Oregon Administrative Rules
Oregon Department of Fish and Wildlife
635-004-0355
Temp. Rule effective 11-10-16 thru 12-31-16
Trip Limits
(1) The trip limits outlined in this rule are set at the beginning of each calendar year based on commercial harvest
caps and projected fishing effort, and are subject to in-season adjustments and closures. Fishers should refer to
Nearshore Commercial Fishery Industry Notices on the Marine Resources Program Commercial Fishing Rules
and Regulations webpage for the most up-to-date information regarding trip limits and other regulations affecting
the Nearshore Commercial Fishery.
(2) Vessels with a Black Rockfish / Blue Rockfish / Nearshore Fishery Permit, with or without a Nearshore
Endorsement, may land no more than the following cumulative trip limits:
(a) Black rockfish:
(A) 1200 pounds in period 1;
(B) 1400 pounds in period 2;
(C) 1700 pounds in period 3;
(D) 2400 pounds in period 4;
(E) 2200 pounds in period 5;
(F) 1800 pounds in period 6; and
(b) 150 pounds of blue rockfish and deacon rockfish combined in each period.
(3) For all other nearshore species, vessels with a Black Rockfish / Blue Rockfish / Nearshore Fishery Permit with
Nearshore Endorsement may land no more than the following cumulative trip limits in each period:
(a) 450 pounds of other nearshore rockfish combined;
(b) 2,000 pounds of cabezon; and
(c) 800 pounds of greenling species.
Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Hist.: Adopted 11-8-16, f. & ef. 11-10-16
1 - Div. 004
11-10-16