OAR 635-004-0275. Scope, Inclusion, and Modification of Rules

(1) The commercial groundfish 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 groundfish. 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, Subparts C, D, and E (October 1, 2025 ed.) as amended; (b) Federal Register Vol. 91, no. 84, dated May 1, 2026 (91 FR 23374); (c) Federal Register Vol. 91, No. 139, dated July 22, 2026 (91 FR 46000); and (d) Federal Register Vol. 91, No. 160, dated August 20, 2026 (91 FR 53737). (2) Persons must consult the federal regulations, in addition to Division 004, to determine all applicable groundfish fishing requirements. Where federal regulations refer to the fishery management area, that area is extended 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 635-004-0280 through 635-004-0365 for additions or modifications to federal groundfish regulations.