OAR 635-005-0491: Post-season Derelict Gear Recovery Permits

(1) Fifteen days after the close of ocean commercial crab season, the Department may grant Post-Season Derelict Gear Recovery Permits to commercial vessels, licensed pursuant to ORS 508.260, to recover Dungeness crab gear that remains in the ocean. (2) It is unlawful to fail to follow the provisions of a Post-Season Derelict Gear Recovery Permit. (3) The Director or Director’s designee may grant emergency exemptions from the gear recovery program for Dungeness crab gear that was unable to be removed from the ocean prior to fifteen days after the end of the season as a result of undue hardship as defined in OAR 635-005-0240. Requests for exemptions must be submitted to the Marine Resources Program, Newport by August 29 of each year. (4) The provisions of ORS 98.005, 98.015, 98.025 and 98.302 to 98.436 do not apply to crab pots removed from the ocean under the provisions of a Post-Season Derelict Gear Recovery Permit. (5) Dungeness crab gear retrieved under the authority of a Post-Season Derelict Gear Recovery Permit and not subject to emergency exemption under section (3) of this rule may be disposed of at the permit holder’s discretion after documenting retrieval of the gear in accordance with permit conditions.