Oregon Administrative Rules Oregon Department of Fish and Wildlife

Transcription

1 DIVISION 042 Columbia River System Commercial Fisheries 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 , & Hist: DFW , f. & cert. ef 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." (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 1 - Div

2 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 , & Hist.: DFW , f. & cert. ef 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. (4) "Director" means the Director of the. Stat. Auth.: ORS , & Hist: DFW , f. & cert. ef Div

3 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 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 ) 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. Hist.: Adopted , f. & ef 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

4 Stat. Auth.: ORS & Hist.: FWC , f. & ef 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 (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. 4 - Div

5 (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. (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 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 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 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 , ORS & Stats. Implemented: ORS , ORS & ORS Hist: DFW , f. & cert. ef 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, (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. 5 - Div

6 Stat. Auth.: ORS & Hist.: FWC , f. & cert. ef ; Administrative correction Summer Salmon Season Stat. Auth.: ORS , ORS & ORS Stats. Implemented: ORS and ORS Hist.: DFW , f. & cert. ef 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 (1) From the lower boundary of Area 2S at light 50 upstream to Beacon Rock as described in OAR (6). The open fishing period is from 8 p.m. August 24, 1997 to 6 a.m. August 25, (2) Gear is restricted to gill nets with a 9-inch minimum mesh size. Stat. Auth.: ORS , & Stats. Implemented: ORS & Hist.: FWC , f , cert. ef 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 ). 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 and include the larger (B) sanctuary at Elokomin River and the (B) Lewis River sanctuary. Hist.: Adopted , f. & ef Late Fall Salmon Season Salmon may be taken for commercial purposes from the Columbia River in the following areas as described in OAR : (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 will be determined annually. Hist.: Adopted , f. & ef Anchovies and Herring Season (1) 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 6 - Div

7 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. (2) Columbia River Anchovy Fishery Trip Limits: (a) Commercial vessels fishing in the Columbia River between the Astoria-Megler Bridge and a north-south line through Buoy 10 at the mouth of the river may land no more than 5 metric tons of anchovy per day and no more than 10 metric tons of anchovy per calendar week. (b) For the purposes of this fishery, a calendar week shall begin at 12:01 a.m. Sunday and run through 11:59 p.m. the following Saturday. (c) These limits apply to all catch from any trip on which fishing inside the Buoy 10 line occurs. Stat. Auth.: ORS & Hist.: adopted , f ef 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 & Hist.: FWC , f. & ef 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 , , Stats. Implemented: ORS , & Hist.: Adopted , f , ef 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, (2) The area of the Columbia River open to fishing is from a line commencing at the green 6-second equalinterval 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. 7 - Div

8 (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 & ORS Stats. Implemented: ORS & ORS Hist.: DFW , f. & cert. ef (See below: Temp Rule Effective thru ) Smelt Season (1) Smelt may not be taken for commercial purposes from the Columbia River at any time. Hist.: Adopted , f. & ef Temp. Rule effective thru Smelt Season (1) Smelt may be taken for commercial purposes from the Columbia River in Zones 1 through 3, on Mondays and Thursdays from 7:00 a.m. to 2:00 p.m. (7 hrs.) during the period from February 1 through February 26, (2) It is unlawful to use any gear other than gill nets for the taking of smelt in the Columbia River. Mesh size may not exceed two inches stretched. Nets may consist of, but are not limited to, monofilament webbing. Hist.: Adopted , f , ef Sturgeon Size (1) White sturgeon with a fork length of 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 , ORS & ORS Stats. Implemented: ORS & ORS Hist.: Adopted , f. & cert. ef 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 8 - Div

9 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, (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 , is in effect during the fishing periods described in subsection (3) of this rule. Hist.: DFW , f. & cert. ef (See below: Temp Rule Effective thru ) 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: 9 - Div

10 (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 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. Hist.: DFW , f. & cert. ef Temporary Rule effective thru Youngs Bay Salmon Season (1) Salmon and shad may be taken for commercial purposes in those waters of Youngs Bay. (a)the Youngs Bay Select Area is defined as those waters of Youngs Bay southeasterly of the Highway 101 Bridge, the Walluski River downstream of Highway 202 Bridge, the Lewis and Clark River downstream of the powerlines located approximately 500 feet southwesterly of Barret Slough, and the Youngs River downstream of the regulatory markers at the confluence of the Klaskanine and Youngs rivers. During the winter season, the upstream boundary in the Lewis and Clark River is the Alternate Highway 101 Bridge (Lewis and Clark Bridge). (b) 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) 5:00 p.m. to 9:00 p.m. Thursday March 29, and 8:30 a.m. to 12:30 p.m. Tuesday April 3, 2018 in the area defined in Section (1) as Youngs Bay Select Area; (ii) 10:00 a.m. to 2:00 p.m. Thursday April 5, 2018 in the waters of Youngs Bay upstream of the alternate Highway 101 Bridge, the Walluski River downstream of the Highway 202 Bridge, and the Youngs River downstream of the regulatory markers at the confluence of the Klaskanine and Youngs rivers; (iii) 2:00 p.m. to 6:00 p.m. Monday April 9, 2018 in the Walluski Area only. The Walluski area is defined as those waters of Youngs Bay/River upstream of the overhead powerlines located approximately 500 yards northwesterly (downstream) of the Walluski River mouth, the Walluski River downstream of the Highway 202 Bridge, and the Youngs River downstream of the regulatory markers at the confluence of the Klaskanine and Youngs rivers. (B) Spring Season: (i) 9:00 p.m. Thursday, April 19 to 1:00 a.m. Friday April 20, 2018 (4 hours); (ii) 2:00 p.m. to 6:00 p.m. (4-hours) Tuesday, April 24, 2018; (iii) 4:00 p.m. to 8:00 p.m. (4-hours) Thursday, April 26, 2018; (iv) 7:00 p.m. to 11:00 p.m. (4-hours) Monday, April 30, 2018; (v) 8:00 a.m. to noon (4-hours) Wednesday, May 2, 2018; (vi) 9:00 a.m. to 1:00 p.m. (4-hours) Thursday, May 3, 2018; (vii) Noon to 4:00 p.m. (4-hours) Monday, May 7, 2018; (viii) 1:00 p.m. to 5:00 p.m. (4-hours) Tuesday, May 8, 2018; 10 - Div

11 (ix) 2:00 p.m. to 6:00 p.m. (4-hours) Wednesday, May 9, 2018; (x) 3:00 p.m. to 7:00 p.m. (4-hours) Thursday, May 10, 2018; (xi) Noon to noon the following day, Monday through Friday (4-days), May 14 to June 15, (C) Summer Season: (i) Noon Monday through Noon Friday (4-days) from June 18 to June 29, 2018; (ii) Noon Monday through Noon Thursday (3-days) from July 2 to July 5, 2018; (iii) Noon Tuesday through Noon Thursday (2-days) from July 10 to July 26, 2018; (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 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) Retention of white sturgeon is prohibited. Hist.: Adopted , f ef 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, (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 & Stats. Implemented: ORS & Hist.: FWC , f. & cert. ef 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 (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 & Stats. Implemented: ORS & Hist.: FWC , f. & cert. ef Div

12 (See below: Temp Rule Effective thru ) 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 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. (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. Hist.: DFW , f. & cert. ef Temporary Rule effective thru Blind Slough and Knappa Slough Select Area Salmon Season (1) Salmon, and shad may be taken for commercial purposes during open fishing periods described as the winter fishery, spring fishery, and summer fishery in subsections (1)(a)(A), (1)(a)(B), and (1)(a)(C) 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 subsection (1)(a)(A), the spring fishery in subsection (1)(a)(B), and the summer fishery in subsection (1)(a)(C) in the Blind Slough and Knappa Slough as follows: (A) Winter Season: 12 - Div

13 (i) 7:00 p.m. Thursday March 29 to 7:00 a.m. Friday March ; (ii) 7:00 p.m. Monday April 2 to 7:00 a.m. Tuesday April 3, (B) Blind Slough Only: (i) 7:00 p.m. Thursday April 5 to 7:00 a.m. Friday April 6, 2018; (ii) 7:00 p.m. Monday April 9 to 7:00 a.m. April 10, (C) Spring Season: (i) 7:00 p.m. to 7:00 a.m. Tuesday and Thursday nights from April 19 through April 27, 2018 (ii) 7:00 p.m. to 7:00 a.m. Monday, Wednesday and Thursday nights from April 30 through June 15, (D) Summer Season: (i) 7:00 p.m. to 7:00 a.m. Monday and Thursday nights from June 18 through June 29, (b) The fishing areas for the winter spring and summer seasons are: (A) The Blind Slough Select Area is defined as those waters of Blind Slough and Gnat Creek from a north-south line formed by regulatory markers at the mouth of Blind Slough to a regulatory marker in Gnat Creek located approximately 0.5 miles southeasterly (upstream) of the Barendse Road Bridge. (B) The Knappa Slough Select Area is defined as those waters of Knappa Slough, Calendar Slough, and Big Creek Slough bounded to the north (upstream) by a line projecting from a regulatory marker on the eastern shore of Karlson Island to the northernmost regulatory marker at the mouth of Blind Slough and bounded to the west (downstream) by a north-south line projecting through the easternmost tip of Minaker Island and markers on Karlson Island the Oregon shore. The waters of Knappa Slough within a 100-foot radius of the railroad bridge crossing Big Creek are closed. (C) From April 30 through June 29, the lower boundary of the Knappa Slough Select Area is extended downstream to a boundary line projecting southerly from a regulatory marker on the southwestern tip of Karlson Island through markers on the western tips of Minaker Island to a marker on the Oregon shore (fall boundary). (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 and summer fishery, outlined above in subsection (1)(a)(B) and (1)(a)(C), 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 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. (2) Retention of white sturgeon is prohibited. (3) Oregon licenses are required in the open waters upstream from the railroad bridge. Hist.: Adopted , f , ef (See below: Temp Rule Effective thru ) 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: (a) Spring Season: Monday and Thursday nights from 7:00 p.m. to 7:00 a.m. the following morning ( Div