Or. Admin. Code § 635-005-0446

Current through Register Vol. 63, No. 10, October 1, 2024

Section 635-005-0446 - Electronic Monitoring

Vessels with an authorized Electronic Monitoring system may possess, or possess and land, Dungeness crab in an area that is otherwise closed to take of Dungeness crab for commercial purposes. Electronic Monitoring is not required to transit Marine Reserves per OAR 635-012-0050 or Marine Protected Areas per 635-012-0070, or to transit and land crab into Biotoxin Management Zones designated by the Oregon Department of Agriculture. An authorized Electronic Monitoring system must meet all the following conditions:

(1) The vessel must:

(a) Possess and use an activated Vessel Monitoring System (VMS) that is type-approved by the National Marine Fisheries Service (NMFS) Office of Law Enforcement (OLE), and comply with all requirements per the Code of Federal Regulations, Title 50:

(A) Chapter IV, Part 660, Subpart C, Section 660.14;

(B) Chapter IV, Part 660, Subpart K, Section 660.712 or 660.713;

(C) Chapter III, Part 300, Section 300.26; or

(b) Possess and use an activated Electronic Monitoring (EM) system that transmits data to an EM service provider no later than the end of each fishing trip, and:

(A) The EM service provider must receive transmissions and provide automated data access to the Pacific States Marine Fisheries Commission (PSMFC) in a format consistent with PSMFC specifications where it is available to ODFW and Oregon State Police (OSP) for management and enforcement; and

(B) The vessel operator must ensure the EM system is maintained in good working order; make the EM system available for inspection by ODFW, OSP, or the U.S. Coast Guard; ensure the EM signal is not interfered with, disabled, or destroyed and is operated according to service provider instructions; and pay all service provider charges to ensure continuous operation of the EM system.

(2) The VMS or EM system required by section (1) of this rule must transmit vessel location and speed at least once every 60 minutes.

(3) The vessel must maintain continuous transit through the closed area until reaching the port of landing designated under section (4) or (5) of this rule. For the purposes of this rule, continuous transit means that the vessel crosses an area closed to take of Dungeness crab for commercial purposes on a heading as nearly as practicable to a direct route, consistent with navigational safety, while maintaining expeditious headway throughout the transit without loitering or delay.

(4) The vessel must be registered with the Department at least 72 hours prior to entering a closed area by completing the online form at https://www.dfw.state.or.us/MRP/shellfish/commercial/crab/Closed_Area_Transit_Info.asp.

(5) The vessel must make a declaration prior to each time the vessel enters a closed area by submitting an online form at https://www.dfw.state.or.us/MRP/shellfish/commercial/crab/Closed_Area_Transit_Info.asp or by calling 541-857-2522 and giving the following information:

(a) Vessel name;

(b) Estimated date and time the vessel will enter closed area;

(c) Estimated date and time the vessel will leave the closed area; and

(d) Any changes from registration information required in section (4)(B)-(4)(F).

Or. Admin. Code § 635-005-0446

DFW 79-2024, adopt filed 09/16/2024, effective 9/16/2024

Statutory/Other Authority: ORS 506.119 & ORS 506.129

Statutes/Other Implemented: ORS 506.129 & ORS 506.109