# MEMORANDUM OF AGREEMENT TO DEFINE EXERCISE OF

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

MEMORANDUM OF AGREEMENT TO DEFINE EXERCISE OF
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

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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);

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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
1

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.
J

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

3.

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
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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.

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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
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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.
4.

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
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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.

5.

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.
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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,
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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).

6.

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

If

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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.

l.

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.
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1l

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.
7

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

SE
Salem, OR 97302

8.

Miscellaneous
t2

The United States of America is not aparty to this Agreement, and its
interests or rights are not involved or affected by this Agreement.
9

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.
13

13

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.

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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
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cooperative management activities under this Agreement shall conform to
any expansion of ODFW authority.

Sisnatures

3
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

15

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

l6

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.
(c) Otherwise use an aircraft to assist another person in hunting or locating game mammals
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;
(c) Trapping;
(d) Aiding angling, hunting or trapping through the use of drones to harass, track, locate or
scout wildlife; and

l7

(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
(c) Any other vehicle that is able to operate in the air, in or under the water or on land, either
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

l8

(c) On land owned or lawfully occupied by that person; 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.

l9

(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.
(c) Use in any body of water any explosive device for the purpose of taking 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.

20

Attachment B - Geographic Scope of this Agreement

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20

CoNFEDEMTED TRIBES OF COOs, LOWER
UMPQUA, AND SIUSI.AW INDIANS
five County Agreement Area
Highways

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Five County Agreement Area, Oregon

2I

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.
22

(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)
23

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
24

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.

25

(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.
(c) Have catch onboard while transiting or anchoring in the marine reserve area. Except
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
26

(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.

(c) Recreationally take fish species using hook-and-line from the bank in fisheries
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);
(C) Anchovies;
(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);
27

(c) Anchovies;
(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.

(c) Recreationally take groundfish using hook-andline from private, non-chartered, boats
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.

28

(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.

29

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 .

30

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.

3l

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_clusi%3A4339f1bd502fbb36. Public record. Not legal advice.