OAR 635-005-0290. Closed Seasons and Areas

It is unlawful to take for commercial purposes: (1) Gaper clams from January 1 through June 30, except under a limited entry Bay Clam Dive Permit (OAR 635- 005-0310) an incidental catch of one gaper clam per eight butter clams, or 25 pounds of gaper clams per 100 pounds of butter clams, whichever allows the greater gaper clam incidental catch. (2) Razor clams from July 15 through September 30 in the area north of Tillamook Head in Clatsop County. (3) Any clams from: (a) Little Nestucca Bay; (b) Big Nestucca Bay; (c) Netarts Bay, except cockles may be taken in an area west of and including the main channel, north of the northern boundary line for the Shellfish Preserve (Latitude 45°23.68'N), and south of Latitude 45°24.71'N, near the informational kiosk; (d) Salmon River and Bay; (e) Siletz River and Bay; or (f) All state parks south of Tillamook Head. (4) Bay clams in Tillamook Bay from the following areas: (a) The "Ghost Hole" from the floating toilet site south to Sandstone Point and 500 feet westward from the Highway 101 shoreline; (b) The area east of a line connecting the Coast Guard tower on the north jetty, buoy marker 13, and Hobsonville Point; (c) The area above mean lower low water near Kincheloe Point; and (d) Intertidal cockles from midnight Friday through midnight Sunday of any week, and on all legal state and federal holidays. (5) Subtidal cockle clams in Netarts Bay. (6) Subtidal bay clams in Coos Bay from the following areas: (a) In depths shallower than 10 feet from mean lower low water; or (b) The area of South Slough south of the Charleston bridge. (7) Any clams from the Shellfish Preserve in Yaquina Bay, Lincoln County, which is the tideflat on the north side of the wood piling breakwater, south of the troller's basin. The legal description is as follows: Beginning at a point 1,181.24 feet south and 430.55 feet east of the meander corner of Sections 8 and 9, T11S, R11W, W.M., said point being a flashing red beacon on the southeastern end of the U.S. Army Engineers wood piling breakwater, thence northwesterly along said breakwater to a point being a flashing white beacon on the northwestern end of said breakwater located 583.46 feet south and 2,082.62 feet west of the above meander corner, thence southeasterly along the extreme low water line of the sand pit lying on the north side of the said breakwater to the point of beginning, said tideland being 7.2 acres, more or less, at mean low water line. (8) Any clams from the Shellfish Preserve in Netarts Bay beginning from the quarter corner of Section 17, 20, T2S, R10W, thence north 10 degrees 14 feet west 200 feet to point of beginning, thence west approximately 6,250 feet to the west meander line of Netarts Bay, thence north 1,000 feet, thence east about 6,250 feet, thence south along the meander line to the point of beginning, except any privately owned tidelands within the described area are excluded from the closure. (9) Any shellfish from Special Regulation Marine Areas as described in OAR 635-005-0260. (10) Clams or mussels from a health closure area closed for biotoxins. "Health closure area" means an area closed to the public due to health risks of consuming shellfish from the area, and "Biotoxin" means naturally occurring shellfish toxins monitored by the Oregon Department of Agriculture. (11) Any shellfish taken for human consumption from an area designated as restricted by the Oregon Department of Agriculture. Fishers should call the Oregon Department of Agriculture Shellfish Safety Hotline at 1-800-448- 2474, the Oregon Department of Agriculture Food Safety Division at 1-503-986-4720 or visit the Oregon Department of Agriculture website at www.oregon.gov/ODA to confirm the area of intended harvest is open before harvesting shellfish. (12) Littleneck clams (Leukoma staminea). (13) Subtidal clams from Yaquina Bay.