Or. Admin. Code § 635-004-0555 - Scope, Inclusion, and Modification of Rules
(1) The commercial highly migratory species
fishery in the Pacific Ocean off Oregon is jointly managed by the state of
Oregon and the federal government through the Pacific Fishery Management
Council process. The Code of Federal Regulations provides federal requirements
for this fishery, including but not limited to the time, place, and manner of
taking highly migratory species. However, additional regulations may be
promulgated subsequently by publication in the Federal Register, and these
supersede, to the extent of any inconsistency, the Code of Federal Regulations.
Therefore, the following publications are incorporated into Oregon
Administrative Rule by reference:
(a) Code of
Federal Regulations, Part 660, Subpart K, (October 1, 2011 ed.); and
(b) Federal Register Vol. 76, No. 177, dated
September 13, 2011 (76 FR 56327).
(2) Persons must consult the federal
regulations in addition to Division 004 to determine all applicable highly
migratory species fishing requirements. The area that federal regulations apply
to is hereby extended to the area from shore to three nautical miles from
shore, coterminous with the Exclusive Economic Zone.
(3) The Commission may adopt additional or
modified regulations that are more conservative than federal regulations, in
which case Oregon Administrative Rule takes precedence. See OAR
635-004-0205 through
635-004-0235 and
635-004-0560 through
635-004-0570 for additions or
modifications to federal highly migratory species
regulations.
Notes
Publications: Publications referenced are available from the agency.
Stat. Auth.: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 496.162, 506.109 & 506.129
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