MEMORANDUM OF AGREEMENT TO DEFINE EXERCISE OF

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HUNTINGO FISHING, TRAPPING AND GATHERING BY THE

CONFEDARATED TRTBES OF COOS, LOWER UMPQUA AND

SIUSLAW INDIANS AND ITS MEMBERS AND

FOR COOPERATIVE MANAGEMENT OF NATURAL RESOURCES

Between

The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians

And

The State of Oregon, through the Oregon Department of Fish and Wildlife

RECITALS

Whereas, the State of Oregon and the Confederated Tribes of Coos, Lower

Umpqua and Siuslaw Indians (CTCLUSI or Tribe) are sovereign entities that

desire to continue and advance their Government-to-Government relationship;

Whereas, the wildlife resources of the state of Oregon are foundational to the

culture and society of Oregon and Oregonians;

Whereas, the Oregon Department of Fish and Wildlife (ODFW), pursuant to ORS

496.012 and ORS 496.146, has the legal obligation and authority to manage

wildlife for the benefit of its present and future citizens;

Whereas, the mission of ODFW is to protect and enhance Oregon's fish and

wildlife and their habitats for use and enjoyment by present and future generations;

Whereas the CTCLUSI Constitution established the Tribal government, in part,to

secure the rights and powers inherent to the Tribe and its members and to preserve

and promote Tribal culture, religious, and historical beliefs;

Whereas, the tribes and bands comprising the CTCLUSI have resided in southern

Oregon since time immemorial, and its aboriginal territory and area of modern

interest is an extensive range of southern Oregon;

Whereas, CTCLUSI members have used the fish, wildlife, and plant resources

throughout the full extent of their traditional territory since time immemorial, and

those resources have been essential to and have provided the foundation for the

Tribe's sustenance, commercial livelihood, culture, and spiritual life;

Whereas, CTCLUSI members traditionally and historically engaged in vartous

forms of commerce with tribal and non-tribal people with fish and wildlife being

an important subject of exchange;

Whereas, when Congress created the Oregon Territory in 1848 it provided that

"nothing in this Act contained shall be construed to impair the rights of person or

property now pertaining to the Indians in said Territory, so long as such rights shall

remain unextinguished by treaty";

Whereas, the tribes and bands comprising the CTCLUSI negotiated a treaty with

the United States in 1855 that would cede certain lands in exchange for

compensation, the creation of a large reservation, and the reservation of other

rights, which was never ratified by Congress;

Whereas, President Pierce's Executive Order on November 9,7855, established the

Oregon Coast Reservation, and the United States thereafter sought to relocate and

to forcibly remove CTCLUSI members to the reservation;

Whereas, many CTCLUSI members resisted these injustices, and chose not to

relocate, and avoided removal or subsequently returned from the reservation to

their aboriginal homeland, where they continued to sustain themselves through

fishing, hunting, and gathering, and to exercise the sovereign right of selfgovernment as a cohesive Tribe;

Whereas, CTCLUSI and its members have refused to assimilate, to accept

governmental efforts to terminate and erase its history, culture, and identity as a

Tribe, or to surrender or compromise its right to fish, hunt, and gather through any

agreement or proceeding;

Whereas, Congress confirmed CTCLUSI's status as federally recognizedtribe and

the United States' trust responsibility in the Coos, Lower Umpqua and Siuslaw

Restoration Act (Public Law 98-481);

Whereas, CTCLUSI asserts it has an inherent sovereign interest in the harvest and

regulation of harvest of natural resources within territory ceded by treaties it

executed, or based upon aboriginal title, and also within traditional harvest areas

used by the Tribes beyond said ceded areas. In addition, the Tribe asserts an

interest in fish and wildlife management and under its treaties, statutes, Executive

Orders, aboriginal rights, and other federal authority;

Whereas, ODFW and CTCLUSI have a shared interest in how the lands and waters

of Oregon are managed to support robust fish and wildlife populations;

Whereas, abundant and accessible habitat is the foundation for sustainable fish and

wildlife populations;

Whereas, challenges for maintaining robust and sustainable native fish and wildlife

populations are increasingly complex and interrelated. These challenges primarily

influence fish and wildlife populations through the quality, quantity, andlor

accessibility of available habitat; and

Whereas, fish and wildlife habitat will be increasingly impacted by changing land

and water use, climate, water quality and quantity, and other anthropogenic issues

as Oregon's human population and development needs grow.

NOW THEREFORE, the Parties agree that:

AGREEMENT

Authority

This Agreement for hunting, fishing, trapping and gathering to be exercised

by the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians

(CTCLUSI or Tribe), a federally recognized Indian tribe, and its members,

and for cooperative management of natural resources between the Tribe and

the State of Oregon, is entered into between the Tribe and the State of

Oregon by and through the Oregon Department of Fish and Wildlife

(oDFw).

a. ODFW has authority to enter into this Agreement pursuant to statutory

authority including ORS 190.110, ORS 496.012, ORS 496.138 and ORS

496.146.

b. CTCLUSI has authority to enter into this Agreement pursuant to the

CTCLUSI Constitution.

Overview of Agreement

The intent of this Agreement between ODFW and CTCLUSI (which may be

referred to in this agreement individually as a"Party" and collectively as the

"Parties") is to describe how the Tribe and its members will hunt, fish, trap,

and gather species over which ODFW has management authority within

defined geographic areas.

This Agreement between the Parties sets out the framework for cooperative

management of fish and wildlife populations between the Parties within the

geographic scope of this agreement. It also establishes a procedure for

harvest of fish and wildlife within specified geographic area(s) by the

Tribe's members, established in a process agreed to with ODFW and based

upon scientifically established and projected numbers for each resource.

This Agreement does not define the specific extent of such harvest by

CTCLUSI, nor the specific amount or number of fish and wildlife resources

thatmay be harvested by the CTCLUSI members at any particular time.

Instead, this Agreement provides agreed-upon standards for the Tribe to

exercise such harvest and to determine tribal harvest levels in cooperation

with ODFW.

This Agreement also sets out a framework for coordination of enhancement

and management of the habitat, watershed, ecosystem and other resources

that influence fish and wildlife populations over time.

Tribal Harvest of Natural Resources

a. Wildlife Covered by Agreement. CTCLUSI's hunting, fishing, trapping,

and gathering exercised under this Agreement covers all animal species

managed and regulated by ODFW. "Hunting" and "Trapping" covers all

mammalian and avian species managed by ODFW. "Fishing" includes all

finfish, lamprey, shellfish, crustaceans, and other aquatic animals managed

by ODFW. The Parties understand that harvest of animals, plants, and other

resources not managed by ODFW may be harvested or gathered for

ceremonial or subsistence use by the Tribe pursuant to its own ordinances,

regulations, and policies and under the authority of any relevant regulatory

entity.

b. Developing Annual or Seasonal Harvest Areas and Limits. The limits

and areas of the CTCLUSI's ceremonial and subsistence harvest will be set

annually or seasonally by mutual agreement of the Parties based on the best

available scientific data of estimated availability, escapement goals, tribal

needs, and conservation necessity. CTCLUSI will initiate annual or seasonal

harvest agreement negotiations by providing ODFW with a written proposal

for species, areas, and numbers it desires to harvest for ceremonial and

subsistence purposes. The Parties will voluntarily and fully share all

biological or technical data, analyses, and information of any nature each

possesses relevant to evaluate CTCLUSI's annual or seasonal harvest

proposal. The Parties shall meet as often as necessary to discuss and

negotiate such annual or seasonal tribal harvest numbers.

Any disagreement regarding tribal ceremonial or subsistence requests will be

resolved pursuant to the dispute resolution provisions of this Agreement.

Upon reaching agreement on the limits and areas of the CTCLUSI's

ceremonial and subsistence harvest pursuant to this section, ODFW will

issue the Tribe an annual implementing permit consistent with this

Agreement, which is incorporated into the tribally-issued licenses and tags

that authortze tnbal harvest of fish and wildlife.

c. Tribal Regulation of Agreed Harvests. After mutual agreement on harvest

limits and areas, the method and time of such ceremonial or subsistence

harvest shall be subject to the exclusive decision and regulation of

CTCLUSI, subject to any documented conservation necessity concerns. Any

such ceremonial and subsistence harvest shall be authorized by tribal permit

or license. A1l harvest of wildlife covered by this Agreement by members of

CTCLUSI shall be consistent with tribal law and regulation and with this

Agreement.

d. Tribal Regulation of Harvest Consistent with Oregon Revised Statues

CTCLUSI agrees to adopt harvest regulations consistent with Oregon

Revised Statutes, including those identified in Attachment A.

e. Ceremonial and Subsistence Harvest Only

This Agreement is limited to ceremonial and subsistence harvest of fish and

wildlife by CTCLUSI enrolled members within the geographic area included

under this Agreement. Commercial harvest by CTCLUSI or tribal members

is not permitted or authorized under this Agreement.

Enrolled tribal members may exchange (gift, trade, or barter) wildlife or

wildlife parts lawfully harvested for ceremonial or subsistence purposes with

CTCLUSI enrolled members or other federally recognized Indian Tribes. All

other commercial activity must be consistent with Oregon Revised Statute

and Oregon Administrative Rule.

f. Potential Future Commercial Harvest. The Parties agree to limit this

Agreement to ceremonial and subsistence harvest. If CTCLUSI presents

ODFW with a proposal for harvesting wildlife resources primarily for

commercial use, ODFW will consider the proposal for consistency with

applicable state and federal law, the ability of the fish or wildlife resource to

sustain the proposed commercial harvest consistent with its biological

requirements and conservation necessity, and the factors of the Wildlife

Policy in ORS 496.012. This Agreement may be amended in the future to

incorporate such a proposal if it is accepted by ODFW.

g. Tribat Licensing and Tagging. Licensing and tagging for all harvest

activities authorized and permitted under this Agreement shall be subject to

tribal regulation and management. In order to aid the Parties' mutual goal of

avoiding enforcement confusion, tribal members harvesting pursuant to this

Agreement will carry tribal identification and tribally-authorized licenses,

tags, or other permits showing that CTCLUSI has authorized harvest of that

species and will present the same to law enforcement officers, peace

officers, and ODFW personnel upon request.

h. Coordination with Other Tribes. In the event that ODFW enters into a

comparable Cooperative Management Agreement with another tribe

regarding the taking of fish and wildlife within all or part of the geographic

scope of this Agreement, and such agreement includes obligations

substantially identical to this subsection 3(h), CTCLUSI will meet annually

with that tribe to discuss issues of mutual concern, including harvest areas

and limits and cooperative management of natural resources.

Cooperative Management of Natural Resources between ODFW and

CTCLUSI Indian Tribe

a. Definition of Cooperative Management of Natural Resources.

Cooperative Management of Natural Resources is defined as a collaborative

effort established through a voluntary agreement in which two or more

sovereigns mutually negotiate, define, and allocate amongst themselves

management functions and responsibilities for a given territory, area, or set

of natural resources. This cooperative management authority may be nonexclusive between the Parties and relative management responsibilities shall

take into account the resources that will be committed by each Party.

The Parties will coordinate the use of their respective authorities, expertise,

and influence as regulatory or voluntary opportunities are presented to

protect, enhance, and restore fish and wildlife habitat in the geographic

scope of this Agreement.

b. Annual State and Tribal Cooperative Management Meetings.

ODFW and CTCLUSI natural resource managers shall meet on an annual

basis to discuss management activities within the geographic area

established under this Agreement for the upcoming calendar year or years.

"Management activities" includes harvest management as well as watershed

and habitat protection, restoration, enhancement actions, non-lethal and

lethal removal of species preying upon species of management concern, and

other management activities that the Parties will seek across the geographic

atea.

Nothing in this Agreement shall alter or modi$'ODFW's responsibility and

authority to manage the State's resources pursuant to Oregon law. The sole

effect of this Section 4 is that ODFW agrees to coordinate with CTCLUSI

and accept cooperative tribal management of defined activities and resources

within the defined area that will enhance and add to ODFW's management

activities involving fish and wildlife resources.

The Parties agree to coordinate their management activities within the

defined areato achieve the best results for fish and wildlife resources in that

area.

If the annual cooperative management meeting is not held, for any reason,

the rights, and obligations of the Parties under this Agreement are

unaffected.

c. Coordination of Funding.

The Parties will coordinate applying for, seeking, and obtaining third party

funding through grants, appropriations, or other means to enhance financial

resources available to carry out resource management activities, including

but not limited to applying for funding as an intergovemmental partnership.

This provision does not prohibit each Party from also applying for such

funding on its own.

d. Mutual Commitment to Affirmative Support and Implementation.

The Parties intend to implement this Agreement in a cooperative and

positive manner. The Parties intend to assist each other affirmatively and

proactively in the implementation of this Agreement and to exchange all

necessary and relevant information and documentation need to fully carry

out and implement this Agreement at any and all times that this Agreement

remains in force. The Parties will annually share data and information

related to the harvest of natural resources under this agreement, as well as

data and information regardingmanagement, population health, and habitat

conditions.

Geographic Scope of Agreement

a. General Principles.

This Agreement is limited to the geographic area described in 5(b),

including but not limited to discrete watersheds, habitats or ecosystems, or

ODFW Wildlife Management Units within the boundaries of Oregon where

the CTCLUSI has a modern, historic or ancestral interest.

b. Geographic Area.

The geographic area covered by this Agreement shall be the lands and

waters in ODFW Wildlife Management Units 1 (Crater Lake NP, that

portion in Douglas County), 14 (Trask, that portion on Lincoln), 15

(Willamette,thatportion in Lane County), 17 (Scott Mountain,that portion

in Lincoln County), 18 (Alsea, those portions in Lane and Lincoln

Countries), 19 (McKenzie, that portion in Lane County), 20 (Siuslaw, those

portions in Douglas and Lane County), 21 (Indigo County, that portion in

Lane County), 22 (Dixon,that portion in Douglas County), 23 (Melrose,

those portions in Douglas and Lane County), 24 (Tioga. those portions in

Coos and Douglas Counties), 25 (Sixes, those portions in Coos and Curry

Counties),26 (Powers, those portions in Coos and Curry Counties), 27

(Chetco, that portion in Curry County), 29 (Evans Creek, that portion in

Douglas County), 30 (Rogue,that Douglas County), 34 (Upper Deschutes,

that portion in Lane County), andlT (Fort Rock, those portions in Douglas

and Lane County).

This geographic area colresponds with the existing CTCLUSI Five County

area of Coos, Curry, Douglas, Lane, and Lincoln Counties.

The geographic area is depicted on the map attached to this Agreement as

Affachment B. The geographic area includes, where applicable, the adjacent

territorial sea claimed by Oregon.

c. Private Lands.

CTCLUSI agrees that harvest activities on privately owned lands within the

geographic scope described in 5(b) above is permitted only with permission

of the owner of those private lands.

d. Publicly Owned and Managed Lands or Waters

The Parties understand that there are lands and waters within the geographic

scope of 5(b) that are owned or managed by ODFW, or by other state or

federal agencies or local governments, and that are closed to harvest or

subject to other regulatory constraints on harvest related activities.

CTCLUSI agrees that it will adopt tribal regulations consistent with these

harvest closures and other regulatory constraints on harvest related activities,

unless the land owning or managing entity specifically agrees to the

inconsistency.

The ODFW owned or managed lands and waters that are closed to harvest or

subject to other regulatory constraints on harvest related activities, and

references to statutory or administrative regulations for each, are identified

in Affachment C. The Parties agree that CTCLUSI may request access and

opportunity for their members, or changes to other aspects of the regulations,

for hunting, fishing, or trapping activities on any of these lands and waters

that deviate from currently applicable regulation through the CTCLUSI's

annual harvest proposal. ODFW commits to consider such proposals with

the goal of providing the requested access and opportunity while preserving

the conservation, management and safety objectives of the regulations

applicable to the area(s).

Dispute Resolution

a. Dispute Resolution Principles.

The Parties enter into this Agreement to enhance government-to-government

relations, to increase and coordinate resources for the benefit of all citizens

of the State of Oregon and CTCLUSI members, and to avoid litigation about

the nature and extent of the CTCLUSI's treaty rights or other inherent or

sovereign legal rights to hunt, fish, trap or gather specified natural resources

within the geographic areas covered under this Agreement. Any disputes that

arise under this Agreement regarding: (i) cooperative management, (ii) the

CTCLUSI's exercise of agreed-to hunting, fishing, trapping or gathering

rights within any specific geographic area, or (iii) the agreed-to extent of the

CTCLUSI's subsistence or ceremonial harvest in general or in any particular

year or area, shall be resolved pursuant to this section.

b. Mediation.

Where possible, disputes under this Agreement shall be resolved pursuant to

mediation, with the mediator or mediators selected jointly by the Parties.

possible, the Parties will agree to a mediator or mediation firm in advance,

so any mediation under this Agreement can be initiated in timely fashion.

Any such agreement can be revisited by the Parties at any appropriate time,

and areplacement mediator appointed. Any such mediation shall be

governed by mediation standards followed by or acceptable to the State of

Oregon. Any such mediation shall seek to reach conclusion within 90 days.

c. Governing Law.

The laws of the State of Oregon (without giving effect to its conflicts of law

principles) govern all matters arising out of or relating to this Agreement,

including, without limitation, its validity, interpretation, construction,

performance, and enforcement.

d. Designation of Forum and Consent to Jurisdiction.

Any Party bringing a legal action or proceeding against any other ParW

arising out of or relating to this Agreement shall bring the legal action or

proceeding in the Circuit Court of the State of Oregon for Marion County.

Each Party hereby consents to the exclusive jurisdiction of such court,

waives any objection to venue, and waives any claim that such forum is an

inconvenient forum. Notwithstanding the foregoing, if a claim must be

brought in a federal forum, then it must be brought and adjudicated solely

and exclusively within the United States District Court for the District of

Oregon. This section applies to a claim brought against the State of Oregon

only to the extent Congress has appropriately abrogated the State of

Oregon's sovereign immunity. This section is not consent by the State of

Oregon to be sued in federal court. This Section is also not a waiver by the

State of Oregon of any form of immunity, including but not limited to

sovereign immunity and immunity based on the Eleventh Amendment to the

Constitution of the United States.

e. Limited Waiver of Sovereign Immunity.

The Parties agree to a limited waiver of sovereign immunity only for

purposes of this Agreement, and only for the benefit of the other Party. This

limited waiver of sovereign immunity confers no rights or benefits on any

third party. This waiver is limited to nonmonetary declaratory and

nonmonetary injunctive relief and does not authorize any award for punitive

or indirect or any other form of damages.

State Waiver of Sovereign Immunity. The Oregon legislature has

waived the State's sovereign immunity to suit in State court as

provided in ORS 30.320. The Parties agree that this Agreement is a

contract within the scope of ORS 30.320.

Limited Tribal Waiver of Sovereign Immunity. THIS WAIVER OF

THE SOVEREIGN IMMUNITY OF CTCLUSI FROM SUIT OR

ACTION IS ADOPTED PURSUANT TO RESOLUTION 23-083

AND SHALL BE STRICTLY CONSTRUED AND LIMITED TO

ITS SPECIFIC TERMS AND THE SPECIFIC WAIVER GRANTED

The Tribe hereby waives its immunity to suit in State court for the

limited purpose of enforcing this Agreement according to the terms of

Section 6 of this Agreement. A copy of the resolution approving the

waiver of sovereign immunity in this Agreement by the CTCLUSI

Tribal Council shall be provided to ODFW within 30 days of

execution of this Agreement by the Tribe.

f. Exclusion.

Nothing in this Agreement shall be construed to establish, expand,

adjudicate, diminish, waive, limit or otherwise affect ancestral, aboriginal,

treaty, statutory, equitable or other rights of the Tribe. Nothing in this

Agreement shall prohibit CTCLUSI from litigating or determining its legal

rights under any treaty, Executive Order, federal statute or any other source

of legal authority in any appropriate independent legal action, in an

appropriate forum, at any time. If such litigation or determination takes

place, the final results of any such litigation or determination shall be

incorporated into this Agreement.

Notices

Notices shall be sent to the following contact offices and persons under this

Agreement:

For the Tribe:

For the State:

Curt Melcher

Director, Oregon Department

of Fish and Wildlife

4034 Fairview Industrial Dr.

Brad Kneaper

Chairman, Confederated Tribes

of Coos, Lower Umpqua and

Siuslaw Indians

1245 Fulton Avenue

Coos Bay, OR 97420

Salem, OR 97302

Miscellaneous

The United States of America is not aparty to this Agreement, and its

interests or rights are not involved or affected by this Agreement.

Tribal Member Harvest Rights Under State Law Not Affected

Nothing herein shall waive or otherwise limit the rights of any tribal member

to engage in wildlife harvest activities pursuant to state or other applicable

law.

10. ProsecutionReferralAgreement

The Parties understand that tribal members engaged in harvest related

activities under this Agreement may be cited by either state or Tribal

enforcement authorities for alleged violations of state or tribal law when

within the limited geographic area outline in Section 5b. The goal of the

Parties is that members of the Tribe be subject primarily to Tribal

prosecution authority. Therefore, ODFW commits to working with

CTCLUSI to seek to secure: (1) refenal agreements with the District

Attomeys in the counties within the geographic scope of the Agreement

whereby alleged violations in their jurisdiction are referred to CTCLUSI for

review and potential prosecution, and: (2) to work with state and tribal

enforcement authorities, including the Oregon State Police, to attempt to

establish an enforcement coordination mechanism whereby tribal members

allegedly violating state or tribal wildlife laws are summoned initially to

CTCLUSI Tribal Court.

11. Equity In Cooperative Management Agreements

The Parties understand that ODFW may enter into cooperative management

agreements with other federally recognized tribes that address issues or

matters similar to those addressed herein. In the event that any other such

ODFWTribal cooperative management agreement includes terms that

CTCLUSI believes are more favorable than those initially agreed to herein,

the Parties agree that this Agreement may be renegotiated at the request of

CTCLUSI to include any such terms.

12. Term

The Parties intention upon entering this Agreement is that it is perpetual. So

long as this Agreement remains effective, the Parties agree to review and

confirm its terms on every fifth anniversary after its execution.

Effective Date

This Agreement shall become effective when both the Oregon Fish and

Wildlife Commission and the CTCLUSI have adopted the necessary

implementing rules and resolutions, and all Parties have executed the

Agreement, and shall remain so as long as both the implementing rules and

resolutions remain effective. At least 90 days prior to any party repealing

their respective implementing rules or resolutions, that party shall serve

written notice to the other party's contact listed in paragraph 7 above.

14. Amendments/Termination.

a. This Agreement can be amended or terminated in writing by mutual consent

of the Parties.

b. Either party may unilaterally terminate this Agreement for any reason by

using the procedures of this paragraph. A Party proposing unilateral

termination must first serve written notice to the other Party's contact. The

Parties shall thereafter initiate meetings within 60-days in an effort to

identiff and resolve the issues(s). The Parties shall make good faith and

diligent efforts to resolve the issue(s). Depending on the complexity and

significance of the issue(s), the Parties acknowledge that resolution could

take substantial time and multiple meetings. In the event the issue(s) is/are

not resolved after such mutual good faith and diligent efforts, either Party

may terminate this Agreement by both: (i) providing 90 days advance

written notice to the other Party of its intent to repeal the implementing rule

or resolutions; and (ii) repealing the implementing rule or resolution.

Available Funding and Continued Authority

ODFW's obligation to perform its duties under this Agreement is

conditioned upon the continuation of ODFW's authority to enter and

maintain this Agreement, and upon ODFW receiving funding,

appropriations, limitations, allotments, or other expendifure authority

sufficient to allow ODFW, in the exercise of its reasonable administrative

discretion, to meet its obligations under this Agreement. Nothing in this

Agreementmay be construed as permitting any violation of Anicle XI,

Section 7 of the Oregon Constitution or any law limiting the activities,

liabilities, or monetary obligations of ODFW. The scope permissible of

cooperative management activities under this Agreement shall conform to

any expansion of ODFW authority.

Sisnatures

Date

Brad Kneaper

Chair

The Confederated Tribes of Cooso Lower Umpqua and Siuslaw Indians

G,^h-z

?- o

Curt Melcher

Director

Oregon Department of Fish and Wildlife

Attachment A - Statutory Hunting and Trapping Restrictions

497.350 Hunting restriction; generally. (1) No person younger than 12 years of age shall hunt

antelope, black bear, cougar, deer, elk, mountain goat, mountain sheep or moose.

(2) No person younger than 14 years of age shall hunt with a firearm or bow and arrow

unless the person is accompanied by an adult, or is hunting on land owned by the parent or legal

guardian ofthe person.

497.360 Hunter safety certificate; training program; youth hunter mentoring program;

rules. (1) No person younger than 18 years of age shall hunt wildlife, except on the person's own

land or land owned by the parent or legal guardian of the person, unless the person:

(a) Has in possession a certificate, issued by the State Fish and Wildlife Commission or by an

agency of another state, stating that the person has satisfactorily completed a course prescribed

or approved by the commission in the safe handling of lawful hunting weapons; or

(b) Is participating in a supervised hunt as provided in subsection (3) of this section.

(2) The commission, by rule, shall prescribe and administer a hunter safety training program

to provide instruction in the safe handling of lawful hunting weapons. The program may also

include instruction on wildlife and natural resource conservation, first aid and survival and such

other subjects as the commission considers desirable to promote good outdoor conduct and

respect for the rights and property of others. The commission may cooperate and enter into

agreements with other public or private agencies and individuals in carrying out the provisions of

this subsection. The Department of State Police and the Department of Education are directed to

cooperate with the commission in carrying out the provisions of this section.

(3Xa) The commission, by rule, shall prescribe and administer a youth hunter mentoring

program that allows a person who is between nine and 16 years of age to hunt while in the

presence of a supervisory hunter who is 21 years of age or older and who holds the appropriate

licenses, tags and permits issued pursuant to the wildlife laws. Only one lawful hunting weapon

may be carried during a supervised hunt under this subsection. A person participating in a

supervised hunt under this subsection may hunt wildlife under the same conditions applicable to

the supervisory hunter's licenses, tags and permits.

(b) The commission, by rule, may prescribe any relevant safety and ethical standards for

participation in a supervised hunt under this subsection.

498.056 Aiming rifle from moving motor vehicle prohibited. No person who is the occupant

of a motor vehicle that is moving on a road open to the public shall aim a rifle or other firearm

from the motor vehicle at atime when the hunting of wildlife is lawful.

498.102 Use of dogs to hunt or track game mammals or birds. (1) Any dog that is not

wearing a collar with a license number thereon in compliance with ORS 609.100 that is found

unlawfully hunting, running or tracking any game mammal or game bird may be killed at such

time by any person authorized to enforce the wildlife laws.

(2)If adog that is found unlawfully hunting, running or tracking any game mammal or game

bird is wearing a collar with a license number thereon in compliance with ORS 609.100, the

owner of the dog shall be notified by any person authorized to enforce the wildlife laws. If the

owner or reputed owner of the dog disclaims ownership of the dog, the dog may be killed at such

time by a person authorized to enforce the wildlife laws.

(3) If the owner of a dog has been notified that the dog has been found unlawfully hunting,

running or tracking game mammals or game birds and thereafter fails to prevent the dog from

unlawfully hunting, running or tracking game mammals or game birds, such dog may be killed

by any person authorized to enforce the wildlife laws.

(a) No person shall permit any dog the person owns to unlawfully hunt, run or track any

game mammal or game bird.

498.126 Hunting or assisting others to hunt or locate game animals or birds by aircraft

prohibited; exemptionl rules. (1) A person may not:

(a) Hunt game mammals or game birds from or with the aid of an aircraft.

(b) Transmit from an aircraft to a person not in the aircraft information regarding the location

of any game mammals or game birds.

or game birds for the purpose of hunting.

(2) A person may not hunt any game mammal within eight hours after having been

transported by aircraft to or from any place other than arecognized airport that the Oregon

Department of Aviation has licensed as a public use airport, registered as a personal use airport

or specifically exempted from licensing or registration.

(3) Every pilot shall maintain a log book that shows the names and addresses of record of the

persons transported, point of departure, point of destination, time and date of each flight that the

pilot makes in an aircraft within this state to transport a person to or from any place to hunt. The

log book is subject to inspection by any person authorized to enforce the wildlife laws.

(+Xa) Notwithstanding subsections (1) to (3) of this section, and except as provided in

subsection (5) of this section, the State Department of Fish and Wildlife, or its agents, may

conduct wildlife management activities necessary for scientific research or, in emergency

situations, to protect human safety, wildlife species or property by:

(A) Hunting game mammals or game birds from or with the aid of an aircraft; or

(B) Transmitting from an aircraft information regarding the location of any game mammal or

game bird.

(b) The State Fish and Wildlife Commission shall define by rule the terms "emergency

situations" and "necessary" fot purposes of implementation of this section.

(5) If the definition of "game mammal" in ORS 496.004 is modified to include wolves, then

the department may conduct wolf management activities under this section only under a

statewide wolf management plan adopted by the commission.1L973 c.723 587; 1987 c.277 $I;

1989 c.448 $1; 1999 c.935 $30; 2003 c.566 $1;2003 c.762 $11

498.128 Use of drones for pursuit of wildlife prohibitedl rules. (1) The State Fish and

Wildlife Commission shall adopt rules prohibiting the use of drones for the following purposes

related to the pursuit of wildlife:

(a) Angling;

(b) Hunting;

(d) Aiding angling, hunting or trapping through the use of drones to harass, track, locate or

scout wildlife; and

(e) Interfering in the acts of a person who is lawfully angling, hunting or trapping.

(2) Rules adopted to carryr out the prohibitions provided for in this section may include

exemptions for:

(a) Subject to ORS 837.360, the State Department of Fish and Wildlife and the department's

agents and contractors for the use of drones in carrying out the duties of the department; or

(b) The use of drones in a manner otherwise prohibited under this section if the purpose of

the use is to benefit wildlife management or habitat or for the protection of property.

(3) Nothing in this section is meant to limit the use of drones by a person who is lawfully

engaging in activities authorized under the commercial fishing laws.

(a) As used in this section, "drone" means:

(a) An unmanned flying machine;

(b) An unmanned water-based vehicle; or

remotely or autonomously, and without a human occupant.

498.136 Hunting from motor-propelled vehicle restricted; rules. (1) Except as provided in

subsection (2) of this section, a person may not hunt wildlife from a motor-propelled vehicle.

(2) The State Fish and Wildlife Commission, by rule, may authorize hunting from a motorpropelled vehicle by a person with a disability or for the purpose of alleviating damage by

wildlife to other resources.

(3Xa) Nothing in the wildlife laws, or rules adopted pursuant thereto, is intended to prohibit

the companion of a person with a disability who is lawfully hunting from a motor-propelled

vehicle from killing an animal wounded by the person and applying to the animal the tag issued

to the person for the taking of the animal, even if the companion has already validated any tag

required for the taking of such an animal.

(b) For purposes of this subsection, "companion" means a person who does not have a

disability.

498.142 Hunting with artificial light restricted; rules. (1) Except as provided in subsection (2)

of this section, no person shall hunt wildlife with the aid of any artificial light.

(2) The State Fish and Wildlife Commission, by rule, may authorize hunting with the aid of

an artificial light for the purpose of taking racsoon, opossum or bobcat or to alleviate damage by

wildlife to other resources.

498.146 Shining artificial light on game mammalo predatory animal or livestock while in or

near motor vehicle and while in possession of weapon restricted. (1) No person shall cast

from a motor vehicle or from within 500 feet of a motor vehicle an artificial light upon any game

mammal, predatory animal or livestock while there is in the possession or in the immediate

physical presence of the person a weapon with which the game mammal, predatory animal or

livestock could be killed.

(2) Subsection (1) of this section does not apply to a person who casts artificial light upon a

game mammal, predatory animal or livestock:

(a) From the headlights of a motor vehicle that is being operated on a road in the usual

manner, if that person makes no attempt to kill the game mammal or livestock; or

(b) When the weapon that person has in the possession or immediate physical presence of the

person is disassembled or stored, or in the trunk or storage compartment of a motor vehicle; or

(d) On publicly owned land when that person has an agreement with the public body to use

that property.

(3) As used in this section, "predatory animal" has the meaning for that term provided in

oRs 610.002.

498.158 Hunting or trapping wildlife in certain governmental districts restricted. (1) Except

as provided in ORS 448.305 and in subsection (2) of this section, no person shall hunt or trap any

wildlife within the boundaries of any city, public park, cemetery or on any school lands.

(2) No hunting or trapping shall be allowed on any lands within the boundaries of any city,

public park or on any school lands unless:

(a) The governing body or other agency that administers the affairs of the city, public park or

school, after notice and hearing, authorizes such hunting or trapping by ordinance or resolution;

and

(b) The State Fish and Wildlife Commission, aftet notice and hearing, determines that such

hunting or trapping would not adversely affect public safety or uffeasonably interfere with other

authorized uses of such lands.

498.164 Use of dogs or bait to hunt black bears or cougars; prohibitionsl exemptionsl

penalties. (1) Except as provided in subsections (2) and (3) of this section, a person may not use

bait to attract or take black bears or use one or more dogs to hunt or pursue black bears or

cougars.

(2) Nothing in subsection (1) of this section prohibits the use of bait or one or more dogs by

employees or agents of county, state or federal agencies while acting in their official capacities.

(3) Nothing in subsection (1) of this section prohibits the use of bait or dogs by persons for

the taking of black bears or cougars in accordance with the provisions of ORS 498.012 relating

to taking wildlife that is causing damage.

(a) Any person who violates subsection (1) of this section commits a Class A misdemeanor

and, upon conviction, shall in addition to appropriate criminal penalties have the person's

privilege to apply for any hunting license suspended for a period of five years for a first offense

and permanently suspended for any subsequent offense.

oobait"

means any material placed for the purpose of

(5) For the purposes of this section,

attracting or attempting to attract bears.

498.172 Trap check requirements. (l) A person holding a license issued under OP.S 497.142

may not set a trap for fur-bearing mammals without checking the trap at least once during each

48-hour period.

(2) A person may not set a trap for a predatory animal, as defined in ORS 610.002, without

checking the trap on a regular basis.

498.208 Use of electricity or foreign substances to take game fish prohibited; rules. (1)

Except as the State Fish and Wildlife Commission by rule may provide otherwise, no person

shall:

(a) Use in any body of water any electric current that may allract, frighten, retard, stun, kill or

obstruct the movement of any game fish.

(b) Place in any body of water any foreign substance such as blood or fish offal or any gas,

chemical, drug or powder that may afrract, frighten, retard, stun, kill or obstruct the movement of

any game fish.

(2) No person shall possess any game fish that the person knows or has reason to know was

taken in violation of subsection (1) of this section.

498.216 Angling from fishways restrictedl rules. Except as the State Fish and Wildlife

Commission by rule may provide otherwise, no person shall trespass upon or angle from any

fishway or angle within an area of a body of water bounded by a line extending across the body

of water 200 feet above the upper end of a fishway and a line across the body of water 200 feet

below the lower end of a fishway.

Attachment B - Geographic Scope of this Agreement

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CoNFEDEMTED TRIBES OF COOs, LOWER

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five County Agreement Area

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Five County Agreement Area, Oregon

Attachment C - ODFW Owned and Managed Lands or Waters

This Appendix summarizes the ODFW owned or managed lands or waters within geographic

scope of this agreement. It also captures the relevant OARs for those areas as of April2023.

ODFW Lands

General rules related to ODFW Lands can be found in OAR Division 635, Chapter 8.

635-008-0068 Coquille Valley Wildlife Area (Coos County)

The Coquille Valley Wildlife Area is open for wildlife-oriented public use compatible with the

goals and objectives contained in the 2016 Coquille Valley Wildlife Area Management Plan (the

"Plan") unless otherwise excluded or restricted by the following rules. The Wildlife Area Goals

and Objectives in the Plan are incorporated into this rule by reference.

(1) Free daily Hunting/Access permits are required, must be possessed at all times by users and

must be completed and retumed at the end of the day. Consult annual Game Bird regulations for

time and date restrictions and hunting requirements.

(2) Discharging firearms is prohibited except as authorized during game bird and game mammal

seasons.

(3) No person shall possess or use any shot other than federally-approved nontoxic shot at any

time, except for big game hunters using buckshot or slugs.

(4) Discharge of firearms into, from or across Safety Zones is prohibited.

(5) Posted Refuges are closed to public access except to retrieve lawfully taken wildlife during

authorized hunting seasons.

(6) Camping is prohibited.

(7) Open fires are prohibited.

(8) The wildlife area is closed to the public between 10 pm and 4 am.

(9) AnV vehicle found parked or unattended on the Wildlife Area between the hours of 10 pm

and 4 am, or obstructing public or administrative access may be towed at the expense of the

registered owner or owners.

(10) Parking is allowed in designated areas only.

(11) No boats with gas powered motors may be launched from the area.

(12) Trapping is prohibited.

635-008-0095 Fern Ridge Witdlife Area (Lane County)

As the underlying landowner, the U.S. Army Corps of Engineers has adopted rules and

regulations (CFR Title 36) that apply to all Fern Ridge project land and water areas. The Fern

Ridge Wildlife Area is open to wildlife-oriented public use compatible with the goals and

objectives contained in the 2009 (updated2020) Fern Ridge Wildlife Area Management Plan

unless otherwise excluded or restricted by the following rules:

(l) Open to the discharge of firearms only while hunting big game and game birds during

authorized seasons.

(2) Discharging rifles and handguns is prohibited.

(3) No person shall possess or use any shot other than federally-approved nontoxic shot at any

time, except for big game hunters using buckshot or slugs.

(a) The use of air guns, BB guns and paintball guns is prohibited.

(5) Camping is prohibited.

(6) Open fires are prohibited.

(7) The wildlife area is closed to the public between 10 pm and 4 am.

(8) Horses and horseback riding are prohibited.

(9) Free daily hunting permits are required for hunting various wildlife area units, must be

possessed at all times by users and must be completed and returned at the end of the day. Consult

annual Game Bird regulations for check station locations, time and date restrictions, and hunting

requirements.

(10) Seasonal access restrictions may be in place to provide wildlife sanctuary. Consult annual

Game Bird regulations and posted signage for dates and locations'

(11) Trapping is prohibited.

(12) ODFW Wildlife Area Parking Permit required.

635-008-0112 Junction City Pond (Lane County)

The Junction City Pond area is open for public use unless otherwise excluded or restricted by the

following rules:

(1) Hunting is prohibited.

(2) Discharging firearms, crossbows, air guns, BB guns or paint ball guns is prohibited.

(3) Discharge of archery (recurve, long, or compound bows) is allowed only within the

designated archery park.

(a) The area is closed to the public between 9 pm and 6 am from April 1 through September 30,

or between 7 pm and 6 am from October I through March 31'

(5) Motor vehicles are prohibited except on parking areas or open roads: no cross-country travel

or off road motor vehicle use allowed.

(6) Operating motor propelled boats prohibited.

(7) Open fires are prohibited.

(8) Trapping is prohibited.

(9) Dog training is prohibited.

(10) All dogs must be on a leash.

(11) All participants using the archery park must adhere to the posted rules and regulations.

635-008-0117 Knight Park/Salmon River Access (Lincoln County)

The Knight Park/Salmon River Access area is open to fish and wildlife oriented public use

activities. In addition to the provisions in OAR 635-008-0200, the following restriction to public

use of Department land at Knight ParVsalmon River Access applies: Parking is prohibited

between 10 pm and 4 am.

635-008-0127 North Umpqua River, Winchester Ramp @ouglas County)

In addition to the provisions of OAR 635-008-0200, it is unlawful to launch or retrieve any

power boat from North Umpqua River Ramp area, located approximately one mile upstream

from Winchester Dam on the south side of the river at T265 R5W Sec 30.

635-008-0154 Smith River, Lower Take Out @ouglas County)

In addition to the provisions of OAR 635-008-0200, it is unlawful to launch boats from Smith

River Lower Take Out area, located approximately seven road miles upstream from the mouth of

North Fork Smith River on the north side of Smith River at T20S R10W Sec 35.

635-008-0163 Tami Wagner Wildlife Area (Lincoln County)

The Tami Wagner Wildlife Area is open for wildlife-oriented public use unless otherwise

excluded or restricted by the following rules:

(1) Discharging firearms is prohibited except as authorized during game bird and game mammal

seasons.

(2) Camping is prohibited.

(3) Unauthorized motor vehicle use is prohibited.

(4) Trapping is prohibited.

635-008-0200 Other Department Owned, Managed or Controlled Areas

On other Department owned, managed or controlled areas which are not listed within these rules

and are primarily available to the public for the purpose of angling or boat access, the following

restrictions, in addition to 635-008-0050, also apply:

(1) Discharging rifles and pistols is prohibited.

(2) Camping is prohibited.

(3) These areas are closed to the public between 10 pm and4 am unless otherwise posted.

(4) Open fires are prohibited from June 1 through October 31 except in designated areas. Open

fires are prohibited during designated fire closures.

(5) Trapping is prohibited.

Federal or Other lands subject to ODFW Management

635-065-0625 Regulations on State and Federal Wildlife Areas, Refuges and Special Areas

State and Federal wildlife areas, refuges and special areas listed below shall be open to hunting

during authorized seasons, subject to the following special regulations and exceptions:

(4) Dean Creek Elk Viewing Area (Douglas County): All Bureau of Land Management lands

within or contiguous to BLM lands within T22S RllW (including Spruce Reach Island located

adjacent to Hwy. 38 and between the outlets of Koapke and Hinsdale Sloughs) are closed to

hunting. Also, other lands located within the following boundary are closed to hunting during all

elk and deer seasons that pertain to this area: beginning at the intersection of Schofield Rd. and

Hwy. 38, south on Schofield Rd. to its intersection with Hakki Ridge Rd., east on Hakki Ridge

Rd. to the crest of Hakki Ridge, east along the crest of Hakki Ridge to its intersection with the

BLM boundary located rnT22S, RllW Section 4, easterly along the BLM boundary to Hwy. 38,

west on Hwy 38 to point of beginning.

(5) Dunes National Recreational Area: Use of rifles and handguns is prohibited for all hunting

in that portion of the Siuslaw Unit west of Highway 101 and north of Tahkenitch Creek.

(6) North Bank Habitat Management Area (NBHMA; previously known as the Dunning

Ranch Area in Douglas County): 6,500 acres located approximately eight miles northeast of

Roseburg. Area: All BLM lands located in T25S, R5W, Sections 35,36; T265, R5W, Sections

I,2,I1,12,13,I4;T255, R4W, Sections 31,32,33;T265, R4W, Sections 4,5,6,7,8,I8. This area is

closed to all big game hunting except for and during controlled hunts specific to the NBHMA by

hunters possessing a controlled hunt tag for the area. Elk, black bear, and cougar hunting will be

allowed by hunters who possess a valid NBHMA controlled hunt tag in addition to valid elk,

black bear, or cougar tags. The use of bait for hunting game mammals is prohibited on NBHMA.

All BLM lands located in T25S, R5W, Sections 35,36;T265, R5W, Sections t,2,lI,12,13,

14;T25S, R4W, Sections 31,32,331'T265, R4W, Sections 4,5,6,7,8, 18.

635-050-0210 Areas Closed to Hunting or Trapping

It is unlawful to hunt or trap furbearing mammals or unprotected mammals on the following

areas except as authorizedby permit or as provided in section Q\ and (25) of this section:

(1) Cemeteries;

(2) City and municipal watersheds declared to be refuges;

(3) Coquille Valley Wildlife Area;

(7) Federal refuges;

(10) Fern Ridge Wildlife Area;

(17) National, state and public parks;

(18) North Bank Habitat Management Area (BLM);

(19) Posted refuges and safety zones on Department owned, managed, or controlled areas;

(2 1) Public campgrounds;

(24) School lands;

(27)Tami Wagner Wildlife Area;

(30) Department owned, managed, or controlled areas that are primarily available to the public

for the purpose ofangling or boat access;

(31) Within city boundaries (note, however, that ORS 498.012 allows landowners and their

agents to trap for the purpose of dealing with certain types of damage, public nuisance and public

health risk. This authority overrides the restriction on trapping within cities);

(32) Notwithstanding section (31) of this rule, trapping furbearing and unprotected mammals is

permitted within incorporated city limits as follows:

...(d) Cottage Grove; applicants must submit written request to the City of Cottage Grove

for a trapping permit.

(33) Oregon Dunes National Recreation Area is open to hunting as permitted by the Department

but closed to trapping furbearing and unprotected mammals.

Marine Reserves and Marine Protected Areas

The boundaries of these areas are described in OAR Chapter 141, Division 142

635-012-0050 Marine Reserve Prohibitions and Allowances

(1) Except as specified in section 3 below, the following activities are prohibited within the Otter

Rock, Redfish Rocks, Cape Perpetua, Cascade Head and Cape Falcon marine reserve areas:

Take, including fishing or hunting, of any fish or wildlife species.

(2) Take of fish species from the ocean, using hook-andline from the bank shoreward of a

marine reserve, unless specihcally authorized, is prohibited.

(3) Notwithstanding the prohibitions in sections (1) and (2) above, person(s) may:

(a) Remove fishing gear from within the marine reserve boundary, provided that the

retrieving vessel operator must notif,i the Oregon State Police at 1-800-452-7888 and

receive permission before retrieving the gear and no fish or wildlife species from the

retrieved gear shall be retained. Specific to commercial crab pots:

(A) If the pot(s) do not belong to the retrieving vessel, the vessel operator must

follow the retrieval requirements set forth in OAR 635-005-0490.

(B) If the pot(s) do belong to the retrieving vessel, the vessel operator may re-set

the pot(s) outside of the reserve area pursuant to the requirements set forth in

oAR 635-005-0490.

(b) Take fish and wildlife species if authorized by a valid scientific taking permit as

required by OAR divisions 635-007 and 635-043.

as allowed by subsection (3)(b) above, fishing gear shall not be deployed in the water at

any time within the marine reserve.

635-012-0070 General Protected Area Prohibitions and Allowances

(1) The prohibitions and allowances specified in this section apply to all areas of Oregon's

Territorial Sea designated as marine protected and seabird protection areas. Notwithstanding the

area-specific prohibitions and allowances, person(s) may:

(a) Take fish species if authorized by a valid scientific taking permit as required by OAR

divisions 635-007 and 635-043.

(b) Have catch onboard while transiting or anchoring in the marine protected or seabird

protection area. Except as allowed by OAR 635-012-0060,635-012-0080 through 635012-0150 or by subsection (1)(a) above, fishing gear shall not be deployed in the water at

any time within a marine protected or seabird protection area.

(2) It is unlawful to take any legal fish species in a marine protected or seabird protection area

while possessing onboard any species not allowed to be taken in the marine protected or seabird

protection area.

635-012-0060 Redfish Rocks Marine Protected Area Prohibitions and Allowances

(1) Except as specified in section (2) below, the following activities are prohibited within the

Redfish Rocks marine protected areas:

Take of any fish species.

(2) Notwithstanding the prohibitions in section (1) above, person(s) may:

(a) Commercially or recreationally troll for and take salmon in fisheries otherwise

authorized by Commission rule.

(b) Commercially or recreationally take crab in fisheries otherwise authorized by

Commission rule.

635-012-0080 Cape Perpetua North Marine Protected Area Prohibitions and Allowances

(1) Except as specified in section (2) below, the following activities are prohibited within the

Cape Perpetua North Marine Protected Area: Take of any fish species.

(2) Notwithstanding the prohibitions in section (1) above, person(s) may:

(a) Commercially or recreationally troll for and take salmon in fisheries authorized

specifically for this area by Commission rule.

(b) Commercially or recreationally take crab in fisheries authorized specifically for this

area by Commission rule.

otherwise authorized by Commission rule.

635-012'0090 Cape Perpetua South-East Marine Protected Area Prohibitions and

Allowances

(1) Except as specified in section (2) below, take of all species authorized by general

Commission rule for this area is allowed.

(2) The following activities are prohibited within the Cape Perpetua South-East Marine Protected

Area:

(a) Use of trawl gear to take any fish species.

(b) Take of the following species, used as seabird forage:

(A) Pacific herring;

(B) Pacific sardine (pilchard);

(D) Smelt as defined by OAR 635-004-0215;

(E) Pacific sand lance;

(F) Mackerels;

(G) Market squid.

635-012-0100 Cape Perpetua Seabird Protection Area Prohibitions and Allowances

( I ) Except as specified in section (2) below, take of all species authorized by general

Commission rule for this area is allowed.

(2) Take of the following species, used as seabird forage, are prohibited within the Cape

Perpetua Seabird Protection Area:

(a) Pacific herring;

(b) Pacific sardine (pilchard);

(d) Smelt as defined by OAR 635-004-0215;

(e) Pacific sand lance;

(f) Mackerels.

635-012-0110 Cascade Head North Marine Protected Area Prohibitions and Allowances

(1) Except as specified in section (2) below, the following activities are prohibited within the

Cascade Head North Marine Protected Area: Take of any fish species.

(2) Notwithstanding the prohibitions in section (1) above, person(s) may:

(a) Commercially or recreationally troll for and take salmon in fisheries authorized

specifically for this area by Commission rule.

(b) Commercially or recreationally take crab in fisheries authorized specifically for this

area by Commission rule.

in fisheries authorized specifically for this area by Commission rule.)

635-012-0120 Cascade Head South Marine Protected Area Prohibitions and Allowances

(1) Except as specified in section (2) below, take of all species authorized by general

Commission rule for this area is allowed.

(2) The use of net gear to take any fish species is prohibited within the Cascade Head South

Marine Protected Area. The use of any appliance or device to attract or aggregate any fish

species for the purpose of taking by net gear is prohibited within the Cascade Head South Marine

Protected Area, regardless of whether the take by net gear itself occurs within or without the

Cascade Head South Marine Protected Area boundary.

635-012-0130 Cascade Head West Marine Protected Area Prohibitions and Allowances

(1) Except as specified in section (2) below, the following activities are prohibited within the

Cascade Head West Marine Protected Area: Take of any fish species.

(2) Notwithstanding the prohibitions in section (l) above, person(s) may:

(a) Commercially or recreationally troll for and take salmon in fisheries authorized

specifically for this area by Commission rule.

(b) Commercially or recreationally take crab in fisheries authorized specifically for this

area by Commission rule.

635-012-0140 Cape Falcon West Marine Protected Area Prohibitions and Allowances

(1) Except as specihed in section (2) below, the following activities are prohibited within the

Cape Falcon West Marine Protected Area: Take of any fish species.

(2) Notwithstanding the prohibitions in section (1) above, person(s) may:

(a) Commercially or recreationally troll for and take salmon in fisheries authorized

specifically for this area by Commission rule.

(b) Commercially or recreationally take crab in fisheries authorized specifically for this

arcaby Commission rule.

(A) Gravel bed areas shall be delineated by the Department and participants in the

commercial ocean Dungeness crab fishery shall voluntarily avoid setting crab pots

in the gravel beds.

(B) The Department and Oregon State Police shall periodically monitor the

voluntary compliance within the delineated gravel beds and consider proposing

regulatory requirements if voluntary compliance is low.

Other Coastal and Marine Designations of the Territorial Sea Plan

These areas are described in the Annual Fishing Regulations issued by ODFW.

Boiler Bay Research Reserve

No take of shellfish and marine invertebrates, except clams, Dungeness crab, red rock crab,

mussels, piddocks, scallops, and shrimp may be taken. Applies to all rocky areas, tide pools, and

sandy beaches between extreme high and low tides, within the following boundaries:

North Boundary: a line due west from the mouth of Fogarty Cr.

South Boundary: a line due west from the westernmost tip of Govemment Point at Boiler

Bay State Wayside.

Pirate Cove Research Reserve

No take of shellfish and marine invertebrates below the extreme high tide line and east of a line

drawn across the mouth of the cove, as defined by points at:

A) 44'49.083',N., 124o04.035',W. and

B) 44" 49.1 46',N., 124o04.060',W.

Whale Cove Habitat Refuge

No take of fish, shellfish and marine invertebrates in all areas in Whale Cove below extreme

high tide east of a line drawn across the mouth of the cove, as defined by points at:

A) 44" 47 .237',N., r24o 04.298',W . and

B) 44' 47 .367',N., 124o04320',W.

Otter Rock Marine Garden

No take of shellfish and marine invertebrates, except single mussels may be taken for bait.

Northem boundary extends from the highest point at Cape Foulweather to the southern

boundary at Devil's Punchbowl. Includes tide pools, and rocky or sandy beaches between

extreme high and low tides. Where the marine garden overlaps with Otter Rock Marine

Reserve, no take is allowed.

Yaquina Head Marine Garden

No take of shellfish and marine invertebrates, except single mussels may be taken for bait.

Includes all rocky areas, tide pools, and sandy beaches between extreme high and low

tides lying between the sandy beaches on the north and the south sides of Yaquina Head.

lncludes rocky areas abutting the sandy beaches on the north and south sides ofthe

headland.

Yaquina Shellfish Preserve

No take of clams in posted shellfish preserve, which is the tideflat on the north side of the

Yaquina Bay commercial marina breakwater.

Stonewall Bank Yelloweye Rocklish Conservation Area (YRCA)

No take of Pacific halibut, lingcod, flatfish species, or any other species from the groundfish

group listed under the General Marine Species section in the table on pg 81.

Yachats Marine Garden

No take of shellfish and marine invertebrates. Includes all rocky areas, tide pools, and sandy

beaches between extreme high and low tides located between the north and south boundaries of

Yachats State Park.

Cape Perpetua Marine Garden

No take of shellfish and marine invertebrates, except razor clams may be taken in the sandy

beach area that does not overlap with the marine reserve.

Includes all rocky areas, tide pools, and sandy beaches between extreme high and low

tides lying between the north side of Devil's Churn and the north boundary of Neptune

State Park.

Neptune State Park Research Reserve

No take of shellfish and marine invertebrates, except clams, Dungeness crab, red rock crab,

mussels, piddocks, scallops, and shrimp may be taken.

Applies to all rocky areas, tide pools, and sandy beaches between extreme high and low

tides lying between the northerly and southerly boundaries of the northern parcel of

Neptune State Park.

No take of shellfish or marine invertebrates where the research reserve overlaps with

Cape Perpetua Marine Reserve.

Gregory Point Research Reserve

No take of shellfish and marine invertebrates in all areas below the extreme low tide line within

the area bound by:

A) 43"20.3 12',N., 124"22. 83 8',W.,

B) 43"20.598',N., 124o22.895',W.,

c) 43'20.650',N., r24"22.637',W .,

D) 43'20.402',N., r24"22.545',W .

Cape Arago Research Reserve

No take of shellfish and marine invertebrates in Areas A and C. No take of shellfish and marine

invertebrates, except clams, Dungeness crab, red rock crab, mussels, piddocks, scallops and

shrimp may be taken in Area B.

Applies to all rocky areas, tide pools, and sandy beaches between extreme high and low

tides, within the following boundaries:

Area A: Between a line projected due west from Cape Arago lighthouse and the

southern tip of Norton Gulch.

Area B: Between the southern tip of Norton Gulch and Simpson Reef overlook.

Area C: Between Simpson Reef overlook and a point % mi south of Cape Arago

State Park.

Pyramid Rock (Rogue Reef)

No take of fish, shellfish, and marine invertebrates from 1,000 ft around and including Pyramid

Rock May 1 - Aug 31.

Brookings Research Reserve

No take of shellfish and marine invertebrates, except clams, Dungeness crab, red rock crab,

mussels, piddocks, scallops, and shrimp may be taken.

Applies to all rocky areas, tide pools, and sandy beaches between extreme high and low

tides, within the following boundaries:

North Boundary: a point Yzminorth of Hanis Beach State Park.

South Boundary: the mouth of the Chetco River (except the area within the Harris

Beach Marine Garden).

Ilarris Beach Marine Garden

No take of shellfish and marine invertebrates, except single mussels may be taken for bait.

Includes all rocky areas, tide pools, and sandy beaches between extreme high and low

tides, lying within the following boundaries:

North Boundary: a line perpendicular to shore from the Harris Beach State Park

beach access parking area.

South Boundary: a line perpendicular to shore from the road entrance to Harris

Beach State Park off of Hwy 101.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.