(1) Except as provided in OAR
635-006-0211,
for each purchase of food fish or shellfish by a licensed wholesale fish
dealer, wholesale fish bait dealer, food fish canner, or shellfish canner from
a commercial fisher or commercial bait fisher, the dealer or canner shall
prepare at the time of landing a Fish Receiving Ticket, or a separate document
in lieu of a Fish Receiving Ticket provided the original dock ticket is
attached to the completed dealer copy of the Fish Receiving Ticket and kept on
file for inspection by the Director, the Director's authorized agent, or by the
Oregon State Police. Fish dealers shall be required to account for all Fish
Receiving Tickets received from the Department. Fish Receiving Tickets shall be
issued in numerical sequence.
(2)
Fish Receiving Tickets shall include the following:
(a) Fish dealer's name and license number,
including the buying station and location if the food fish or shellfish were
received at any location other than the licensed premises of the fish
dealer;
(b) Date of
landing;
(c) His or her name from
whom purchase is made. If not landed from a vessel, then his or her commercial
license number shall be added. If received from a Columbia River treaty Indian,
his or her tribal affiliation and enrollment number as shown on the official
identification card issued by the U.S. Department of Interior, Bureau of Indian
Affairs, or tribal government, shall be used in lieu of an address or
commercial fishing license;
(d)
Boat name, boat license number, and federal document or State Marine Board
number from which catch made;
(e)
For groundfish harvested in the limited entry fixed gear fishery, the federal
limited entry fixed gear permit number associated with the landing or portion
of landing, which shall be provided by the vessel operator to the preparer of
the fish ticket;
(f) Port of first
landing. The port of first landing will be recorded as where a vessel initially
crosses from the Pacific Ocean to inland waters, or is physically removed from
the Pacific Ocean, for the purposes of ending a fishing trip;
(g) Fishing gear used by the
fisher;
(h) For salmon, zone or
area of primary catch and for Dungeness crab, all harvest areas as defined by
OAR
635-006-0201 from which Dungeness crab were taken;
(i) Species or species group, as determined
by the Department, of food fish or shellfish received;
(j) Pounds of each species or species group,
as determined by the Department, received:
(A)
Pounds must be determined and reported based on condition of the fish when
landed, either dressed or round. Dressed pounds may only be used for species
with a conversion factor listed at OAR
635-006-0215(3)(g). Measures must be
taken using a certified scale.
(B)
Pounds shall include those fish or shellfish with no commercial
value.
(k) For Columbia
River sturgeon the exact number of fish received and the actual round weight of
that number of fish;
(l) Price paid
per pound for each species received;
(m) Signature of the individual preparing the
Fish Receiving Ticket;
(n)
Signature of the vessel operator making the landing;
(o) Species name, pounds and value of fish
retained by fisher for take home use.
(3) Except as provided in OAR
635-006-0212
and OAR
635-006-0213, the original of each Fish Receiving Ticket covering food
fish and shellfish received shall be forwarded within five working days of the
date of landing to the Oregon Department of Fish and Wildlife, 4034 Fairview
Industrial Drive SE, Salem, OR 97302 or through the Pacific States Marine
Fisheries Commission West Coast E-Ticket system or as required by Title 50 of
the Code of Federal Regulations, part 660 Subpart C. All fish dealer amendments
must be conducted in the same system in which the ticket was initially
submitted.
(4) For Columbia River
non-treaty mainstem and Select Area commercial fisheries downstream of
Bonneville Dam, each licensed wholesale fish dealer, wholesale fish bait
dealer, limited fish seller, and food fish canner must submit fish receiving
tickets electronically through the Pacific States Marine Fisheries Commission
(PSMFC) West Coast E-Ticket System for all salmon, sturgeon, smelt and shad
landed. Electronic fish tickets (e-tickets) must be submitted within 24 hours
of closure of the fishing period, or within 24 hours of landing for fishing
periods lasting longer than 24 hours. All fish dealer amendments to electronic
fish tickets must be conducted in the same system in which the tickets were
initially submitted.
(5) For the
Ocean and Bay Dungeness Crab Fisheries, as defined in OAR
635-005-0400 and OAR
635-005-0400, each licensed wholesale fish dealer, wholesale fish bait dealer,
limited fish seller, and food fish canner must submit fish receiving tickets
electronically through the Pacific States Marine Fisheries Commission (PSMFC)
West Coast E-Ticket System for all Dungeness crab landed. Electronic fish
tickets (e-tickets) must be submitted within one working day of the date of
landing. All fish dealer amendments to electronic fish tickets must be
conducted in the same system in which the tickets were initially
submitted.
(6) For the Intertidal
and Dive Bay Clam Fisheries, as defined in OAR
635-005-0305 and OAR
635-005-0365, each licensed wholesale fish dealer, wholesale fish bait dealer,
limited fish seller, and food fish canner must submit fish receiving tickets
electronically through the PSMFC West Coast E-Ticket System for all clams
landed, with the exception of razor clams. E-tickets must be submitted within
one working day of the date of landing. All fish dealer amendments to
electronic fish tickets must be conducted in the same system in which the
tickets were initially submitted.
(7) Wholesale fish bait dealers landing small
quantities of food fish or shellfish may request authorization to combine
multiple landings on one Fish Receiving Ticket and to deviate from the time in
which Fish Receiving Tickets are due to the Department. Such request shall be
in writing, and written authorization from the Department shall be received by
the wholesale fish bait dealer before any such deviations may occur.
Notes
Or. Admin. R.
635-006-0210
FC 246, f. 5-5-72, ef.
5-15-72; FC 274(74-6), f. 3-20-74, ef. 4-11-74; FWC 28, f. 11-28-75, ef.
1-1-76, Renumbered from 625-040-0135, Renumbered from 635-036-0580; FWC 1-1986,
f. & ef. 1-10-86; FWC 99-1987, f. & ef. 11-17-87; FWC 142-1991, f.
12-31-91, cert. ef. 1-1-92; FWC 22-1992(Temp), f. 4-10-92, cert. ef. 4-13-91;
FWC 53-1992, f. 7-17-92, cert. ef. 7-20-92; FWC 16-1995(Temp), f. & cert.
ef. 2-16-95; FWC 23-1995, f. 3-29-95, cert. ef. 4-1-95; DFW 63-2003, f. &
cert. ef. 7-17-03; DFW 117-2003(Temp), f. 11-25-03, cert. ef. 12-1-03 thru
2-29-04; DFW 10-2004, f. & cert. ef. 2-13-04; DFW 142-2008, f. & cert.
ef. 11-21-08; DFW 164-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 77-2012, f.
6-28-12, cert. ef. 7-1-12; DFW 151-2012, f. 12-27-12, cert. ef. 1-1-13; DFW
136-2013, f. 12-19-13, cert. ef. 1-1-14; DFW 100-2015(Temp), f. & cert. ef.
8-4-15 thru 12-31-15; Administrative correction, 1-22-16; DFW 4-2016(Temp), f.
1-26-16, cert. ef. 2-1-16 thru 7-29-16; DFW 90-2016(Temp), f. 7-12-16, cert.
ef. 7-29-16 thru 12-31-16;
DFW
149-2016, f. 12-7-16, cert. ef.
1/1/2017; DFW 7-2017(Temp), f. 2-1-17, cert. ef.
2-2-17 thru 7-29-17; DFW 95-2017(Temp), f. 7-26-17, cert. ef. 7-30-17 thru
12-31-17; DFW 42-2018, temporary amend filed 04/06/2018, effective 04/06/2018
through 10/02/2018;
DFW
6-2019, amend filed 01/23/2019, effective
1/23/2019;
DFW
148-2019, amend filed 09/30/2019, effective
12/1/2019; DFW 7-2021, temporary
amend filed 02/08/2021, effective 02/08/2021 through 08/03/2021; DFW 9-2021,
temporary amend filed 02/10/2021, effective 02/10/2021 through 08/03/2021; DFW
80-2021, temporary amend filed 06/21/2021, effective 07/01/2021 through
08/03/2021;
DFW
113-2021, temporary amend filed 08/06/2021, effective
8/7/2021 through 12/27/2021;
DFW
178-2021, temporary amend filed 12/21/2021, effective
12/28/2021through 12/31/2021;
DFW
34-2022, amend filed 04/08/2022, effective
4/8/2022
Statutory/Other Authority: ORS
496.138,
ORS
496.146,
ORS
496.162,
ORS
506.036,
ORS
506.109,
ORS
506.119,
ORS
506.129
& ORS
508.535
Statutes/Other Implemented: ORS
506.109,
ORS
506.129,
ORS
508.040,
ORS
508.530,
ORS
508.535,
ORS
508.550
& ORS
508.025