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(continued)
(c) Permits may be made available before the end of the year by a permit holder voluntarily turning in a permit.
(d) A subcommittee of the Developmental Fishery Board shall evaluate the business plans submitted by hagfish fishery applicants to determine if the applicant is likely to actively prosecute the fishery. If more applicants submit acceptable business plans than there are available new permits, then the available permits will be distributed as otherwise specified in subsections (3)(a) and (b) of this rule.
(4) Persons to whom permits are issued: Permits shall be issued to an individual person or entity and assigned to a vessel, except when hand harvest methods are used. The permit holder is the owner or controller of the vessel or the individual person when hand harvest methods are used.
(5) Transfer of permits: Permits for Developmental Fisheries Species are not transferable to another person or entity; provided however that permits may be reassigned to another vessel owned or leased and controlled by the permit holder up to two times annually.
(a) In the event of the death of a permit holder, the permit of the deceased may be issued to an immediate family member as defined by OAR 635-006-0810. Permit transfer shall require a copy of the death certificate and the original permit, and must be requested by the family member to the deceased which shall be presumed by possession of the permit and death certificate.
(b) To reassign the vessel on a permit, a permit holder shall first apply on a form provided by the Department and shall include a $25 fee;
(c) If the permit holder is not the registered owner of the vessel to which a permit is being reassigned, a copy of a signed lease agreement with the owner of the vessel must accompany the application. The lease agreement must show the permit holder will be in control of the daily activities of the vessel during the time of the lease.
(d) No reassignment shall be effective until the permit holder has received approval from the Department and an updated permit.
(e) If a permit is reassigned to a vessel under the ownership of other than the permit holder, the permit holder or designated vessel operator must be aboard the vessel during harvest activities under the permit.
(6) Renewal of permits:
(a) Permits may be renewed by submission, to the Department, of the appropriate fee and a complete application date-stamped or postmarked before January 1 of the year for which renewal is sought, except renewal applications for box crab permits must be postmarked or date-stamped before December 1 of the year prior to which renewal is sought;
(b) An application for renewal shall be considered complete if it is legible and has all information requested on the form and is accompanied by the required fee in full. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete before the deadline listed in (6)(a) above, the individual shall not be considered to have applied for renewal in a timely manner;
(c) It is the responsibility of the permit holder to ensure an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application shall not be grounds for treating the application as having been filed in a timely and complete manner;
(d) In addition to timely and complete filing to renew a permit, a permit holder must annually lawfully land the required pounds and/or landings listed in OAR 635-006-0850. However, if a permit holder obtained a permit later than July 1 of the prior year, the permit holder shall not be required to make the annual landing requirement by the following January. Instead, at the next renewal thereafter, the permit holder shall be required to demonstrate the annual landing requirement was fulfilled during the first full year in which the permit was held.
(e) Landings made by one vessel can not be used for qualification to renew more than one permit per permit category in any given year.
(f) In addition to the above landing requirements, logbooks required under OAR 635-006-0890 must be turned into an ODFW office by the application deadline for renewal of a permit.
(7) Authority of Director: Consistent with OAR 635-006-0810 through 635-006-0950, the Director is authorized to issue Developmental Fisheries Permits under the authority of ORS 506.460.
Stat. Auth.: ORS 506.109 & 506.119
Stats. Implemented: ORS 506.129 & 506.450
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94; FWC 2-1996, f. & cert. ef. 1-23-96; FWC 1-1997, f. & cert. ef. 1-16-97; DFW 3-1998, f. & cert. ef. 1-12-98; DFW 93-1998, f. & cert. ef. 11-25-98; DFW 30-2001, f. & cert. ef. 5-4-01; DFW 102-2001, f. & cert. ef. 10-23-01; DFW 119-2001, f. & cert. ef. 12-24-01; DFW 48-2002(Temp), f. & cert. ef. 5-13-02 thru 11-8-02; DFW 116-2002, f. & cert. ef. 10-21-02; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 6-2004(Temp), f. 1-28-04, cert. ef. 1-31-04 thru 3-31-04; DFW 24-2004, f. & cert. ef. 3-23-04; DFW 121-2004, f. 12-13-04, cert. ef. 12-15-04; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06
635-006-0915
Preference Point System
(1) Valid applicants who did not receive a permit during the lottery shall receive one preference point applicable to subsequent permit lotteries for the species gear category (listed in OAR 635-006-0850) for which points were accrued, except as excluded in section (5) of this rule.
(2) Persons who submit the initial proposal to add a species to the Developmental Fisheries Species list (OAR 635-006-0850) shall be granted one preference point applicable to the first permit lottery for the new permit category.
(3) Applicants shall accrue no more than one preference point per species gear category per year.
(4) Applicants successful in obtaining a permit shall have zero preference points when they next apply for a new permit in that species gear category.
(5) Applicants will forfeit preference points accumulated for a species gear category when they do not apply for that species gear category for two consecutive years.
(6) Department records are final to determine accrued preference points for permit applicants.
(7) Each applicant's preference point accrual record will be jointly linked to his or her social security number or tax ID number and vessel document number. Preference point applicants shall use the same social security number or tax ID number and vessel document number each time they apply for a permit.
(8) Applicants will receive no preference points when their application is not received by the appropriate application date.
Stat. Auth.: ORS 506.109 & ORS 506.119
Stats. Implemented: ORS 506.129 & ORS 506.450 – ORS 506.465
Hist.: DFW 3-1998, f. & cert. ef. 1-12-98; DFW 85-1999, f. & cert. ef. 11-1-99
635-006-0930
Review of Denials
(1) An individual whose application for issuance, renewal or transfer of the permit required by OAR 635-006-0900 is denied by the Department may, within 60 days of receipt of denial, make written request, to the Commission for a hearing for review of the denial. The request shall identify why the permit should be granted.
(2) In accordance with any applicable provisions of ORS 183.310 to 183.550 for conduct of contested cases, a hearings officer shall review the proposed denial by the Department of an application for issuance, renewal or transfer of a permit. The Developmental Fisheries Board is designated as a party to the contested case.
(3) A party must petition for Commission review of the hearing officer's proposed order within 30 days of service of the proposed order if the party wants the proposed order changed. A party must identify what parts of the proposed order it objects to, and refer to parts of the administrative record and legal authority supporting its position.
(4) The Commission may waive landing requirements for renewal of a permit if it finds that failure to meet those requirements was due to illness, injury, or circumstances beyond the control of the permit holder. Final Orders shall be issued by the Commission and may be appealed as provided in ORS 183.480 to 183.550.
Stat. Auth.: ORS 506.109 & 506.119
Stats. Implemented: ORS 506.129 & 506.450
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94; DFW 48-2002(Temp), f. & cert. ef. 5-13-02 thru 11-8-02; DFW 116-2002, f. & cert. ef. 10-21-02; DFW 121-2004, f. 12-13-04, cert. ef. 12-15-04
635-006-0940
Emergency Suspension of Permits
In the event of a resource emergency, the Director may, after consultation with the Board, suspend temporarily all or any permits in a developmental fishery. Such suspension shall be in effect only until such time as the Commission considers whether to terminate or make permanent the suspension.
Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94
635-006-0950
Reduction of Permit Numbers
If habitat impacts, incidental catch and/or reduced catch-per-unit effort raise concerns, the Commission, in consultation with the Board, may establish a system to reduce the number of permits issued. The Commission may choose a system which includes, but is not limited to:
(1) Reduction through attrition of permits not meeting the minimum level of effort for renewal.
(2) Recall of all existing permits and reissuance through a lottery system up to the new level of permits allowed.
(3) Revocation of permits by date-of-issue: last permit issued is first removed.
Stat. Auth.: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Stats. Implemented: ORS 506.109, ORS 506.119 & ORS 506.450 - ORS 506.465
Hist.: FWC 85-1994, f. 10-31-94, cert. ef. 11-1-94
Restricted Vessel Permit Systems
635-006-1005
Introduction to Organization
(1) Over the years, a variety of laws have been passed concerning limited entry commercial fisheries. Some statutes are very detailed and little rulemaking is needed to implement these statutes. Other statutes rely on the rulemaking authority of the Fish and Wildlife Commission to create a limited entry system. Previously, administrative rules were organized by fisheries, resulting in inconsistent provisions as well as duplication. This new rule approach is based on topics, rather than specific fisheries. For each topic, the applicable law for each fishery is either set forth or, where the statute provides detail, the statute is cited.
(2) The topics covered by these rules are:
(a) Definitions -- OAR 635-006-1010;
(b) Requirement for permit -- OAR 635-006-1015;
(c) Permit Fee -- OAR 635-006-1025;
(d) Eligibility Requirements for a Permit -- OAR 635-006-1035;
(e) Evidence of Eligibility -- OAR 635-006-1050;
(f) Revocation and Refusal to Issue Permits -- OAR 635-006-1060;
(g) Review of Denials -- OAR 635-006-1065;
(h) Renewal of Permit -- OAR 635-006-1075;
(i) Lottery for Certain Limited Entry Fisheries -- OAR 635-006-1085;
(j) Transferability of Permits -- OAR 635-006-1095;
(k) Logbook Required in Sea Urchin Fishery -- OAR 635-006-1110;
(l) Vessel Length Modification in Ocean Dungeness Crab Fishery -- OAR 635-006-1120;
(m) Commercial Fisheries Boards -- OAR 635-006-1200;
(n) Agency Representation by Employee -- OAR 635-006-1210.
Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96
635-006-1010
Definitions
(1) For the purpose of OAR 635-006-1015 through 635-006-1210:
(2) "Bay clam dive fishery" shall mean the commercial fishery for bay clams (including: cockle clams, Clinocardium nuttallii; butter clams, Saxidonus giganteus; gaper clams, Tresus capas, nuttallii: native littleneck clams, Protothaca stamines; and softshell clams, Mya arenaria) from subtidal areas in Oregon estuaries using dive gear.
(3) "Black rockfish/blue rockfish/nearshore fishery" shall mean the commercial fishery for black rockfish, blue rockfish and nearshore fish.
(4) "Brine shrimp fishery" shall mean the commercial fishery for adult Artemia spp. from Lake Abert (Lake County).
(5) "Completion" of a vessel for the purposes of initial eligibility for an Oregon ocean Dungeness crab permit pursuant to ORS 508.931 is defined as:
(a) A date identified in a contract document as the proposed or actual date of completion; or
(b) The date an insurance policy was in effect covering the vessel for loss or liability; or
(c) The date of inspection for certification by the U.S. Coast Guard; or
(d) Other written document acceptable to the Department that establishes the actual date the vessel was completed for the purposes of entering the Oregon ocean Dungeness crab fishery.
(6) "Crab fishing season" is the period from December 1 of one year through August 14 of the next year.
(7) "Length" or "Overall Length" of a vessel means the manufacturer's specification of overall length, United States Coast Guard or Marine Board registered length documentation stating overall length or overall length as surveyed by a certified marine surveyor. In determining overall length, marine surveyors shall measure in a straight line parallel to the keel from the foremost part of the vessel to the aftermost part, excluding sheer and excluding bow sprits, boomkins, rudders aft of the transom, outboard motor brackets, or transom extensions as in a dive step or platform. For the purpose of initial ocean Dungeness crab permit issuance, length of the vessel is overall length of the vessel on September 9, 1995.
(8) "Ocean Dungeness crab fishery" for the purposes of ORS 508.926, means all fishing for Dungeness crab in Oregon waters of the Columbia River and all other ocean water seaward of Oregon's coastline and river mouths.
(9) "Owner" is any ownership interest in a vessel, including interests arising from partnerships, corporations, limited liability corporations, or limited liability partnerships. Owner does not include a leasehold interest.
(10) "Replacement vessel" is a vessel purchased to replace a permitted vessel which has been lost due to fire, capsizing, sinking or other event. For the ocean Dungeness crab fishery, a replacement vessel shall be no more than 10 feet greater than the vessel which it replaces.
(11) "Sardine fishery" shall mean the commercial fishery for Pacific sardines (Sardinops sagax) in all ocean waters seaward of Oregon's coastline and river mouths.
(12) "Sea urchin fishery" shall mean the commercial fishing for Strongylocentrotus franciscanus, S. purpuratus, and S. droebachiensis.
(13) "Under construction" for the purposes of initial eligibility for an Oregon ocean Dungeness crab permit pursuant to ORS 508.931, means that between December 1, 1988, and August 14, 1991, a contract was signed and earnest money paid equaling at least 10% of the value of the contract, or invoices have been paid for 10% or more of the total construction cost, to produce a newly constructed vessel, including, but not limited to, the laying of the new vessel's keel.
(14) "Yaquina Bay Roe-herring fishery" shall mean the commercial net fishery for Pacific herring (Clupea harengus pallasi) which occurs annually between January 1 and April 15 in Yaquina Bay pursuant to OAR 635-004-0027.
(15) "Initial eligibility for vessels to participate" for the purposes of application for an Ocean Dungness crab permit pursuant to ORS 508.931 means eligibility of a vessel on which to make permit application is confined to vessels which have never obtained an initial permit.
Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109, 506.129 & 508.921 - 508.941
Hist.: FWC 76-1995, f. 9-13-95, cert. ef. 9-19-95; FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96; DFW 92-1998, f. & cert. ef. 11-25-98; DFW 11-2003(Temp), f. & cert. ef. 2-10-03 thru 6-30-03; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06
635-006-1015
Requirement for Permit
(1) The following provide general requirements for permits:
(a) Gillnet salmon -- see ORS 508.775;
(b) Troll salmon -- see ORS 508.801 and 508.828;
(c) Shrimp -- see ORS 508.880 and 508.883;
(d) Scallop -- see ORS 508.840 and 508.843;
(e) Roe-herring:
(A) It is unlawful for an individual to operate a vessel in the Yaquina Bay roe-herring fishery without first obtaining a vessel permit issued pursuant to OAR 635-006-1035 through 635-006-1095;
(B) It is unlawful for a wholesaler, canner or buyer to buy or receive roe-herring taken in the Yaquina Bay roe-herring fishery from a vessel for which the permit required by section (1)(e) of this rule has not been issued.
(f) Sea Urchin:
(A) It is unlawful for an individual to take or attempt to take sea urchins for commercial purposes without first obtaining a permit issued pursuant to OAR 635-006-1035 through 635-006-1095;
(B) It is unlawful for a wholesaler, canner, or buyer to buy or receive sea urchins taken in the sea urchin fishery from a person for which the permit required by section (1)(f) of this rule has not been issued.
(g) Ocean Dungeness crab:
(A) Except as provided under the reciprocity provisions of ORS 508.941(3) or section (F) below, it is unlawful for an individual to operate a vessel in the ocean Dungeness crab fishery without first obtaining a vessel permit issued pursuant to ORS 508.931 or 508.941. A Dungeness crab vessel permit is not required for vessels that are engaged solely in setting gear for a permitted vessel and which do not retrieve, retain or possess Dungeness crab.
(B) If the Commission establishes a vessel crab pot limitation or allocation system beyond the 2002-03 ocean crab season, August 14, 2001 is the control date for eligibility criteria related to past participation in the ocean fishery.
(C) In addition to certifying that the vessel is free of crab on November 30 each year, as required by OAR 635-005-0045(1), each vessel operator must declare and certify on the Oregon hold inspection certification form the maximum number of pots that will be used in that season's fishery before fishing.
(D) A single delivery license may not be substituted for an ocean Dungeness crab permit. Once a vessel has obtained an ocean Dungeness crab permit, Dungeness crab may be landed by the vessel using a combination of an ocean Dungeness crab permit and a single delivery permit in lieu of a commercial fishing and boat license. However, crab may not be landed more than twice in any one crab season using single delivery permits.
(E) Effective December 1, 2006, the number of crab pots allocated to a permit required under section (A) above will be determined as follows:
(i) The allocation will be based on documented landings of Ocean Dungeness crab into Oregon, Washington (excluding landings from the Puget Sound Fishery), or California, using valid Oregon fish receiving tickets, or equivalent valid documents from the states of Washington or California, from December 1, 1995 through August 14, 2001;
(ii) The crab pot allocation will be the highest number of pots the vessel qualifies for during the six qualifying seasons, December 1 of one year through September 15 of the next year (except through August 14, in 2001);
(iii) A crab pot allocation of 200 shall be assigned to a permit with landings less than 15,020 pounds in the 1995 to 1996 season, and 4,010 pounds in the 1996 to 1997 season, and 5,170 pounds in the 1997 to 1998 season, and 7,083 pounds in the 1998 to 1999 season, and 13,160 pounds in the 1999 to 2000 season, and 8,940 pounds in the 2000 to 2001 season;
(iv) A crab pot allocation of 300 shall be assigned to a permit with minimum landings of 15,020 pounds in the 1995 to 1996 season, or 4,010 pounds in the 1996 to 1997 season, or 5,170 pounds in the 1997 to 1998 season, or 7,083 pounds in the 1998 to 1999 season, or 13,160 pounds in the 1999 to 2000 season, or 8,940 pounds in the 2000 to 2001 season; and
(v) A crab pot allocation of 500 shall be assigned to a permit with minimum landings of 89,020 pounds in the 1995 to 1996 season, or 35,180 pounds in the 1996 to 1997 season, or 39,350 pounds in the 1997 to 1998 season, or 49,450 pounds in the 1998 to 1999 season, or 78,400 pounds in the 1999 to 2000 season, or 37,030 pounds in the 2000 to 2001 season.
(F) If a vessel does not have an Oregon crab permit required under section (A) above, but does have a California Dungeness Crab permit valid to fish off Oregon, the vessel may fish for Dungeness crab outside of three nautical miles off Oregon provided:
(i) A request for an allocation is submitted as specfied by Oregon Department of Fish and Wildlife License Services, Salem;
(ii) A crab pot allocation shall be assigned to their vessel as described in (E) above; and
(iii) All crab pots and buoys must be marked as specified by OAR 635-005-0055(6).
(h) Developmental Fisheries: See ORS 506.450 through ORS 506.465 and OAR 635-006-0800 through 635-006-0950.
(i) July 1, 2001 is the control date to establish eligibility criteria for the purpose of future limited entry programs for the commercial groundfish fishery.
(j) Black rockfish / blue rockfish / nearshore fishery -- see ORS 508.945.
(k) Brine Shrimp:
(A) It is unlawful to take or attempt to take brine shrimp for commercial purposes without first obtaining a brine shrimp fishery permit issued pursuant to OAR 635-006-1035 through OAR 635-006-1095;
(B) It is unlawful for a wholesaler, canner, or buyer to buy or receive brine shrimp taken in the brine shrimp fishery from a person for which the permit required by this rule has not been issued.
(C) The Department may issue no more than three permits required by section (1)(k) of this rule.
(l) Bay clam dive fishery:
(A) It is unlawful:
(i) To take or attempt to take bay clams, using dive gear, for commercial purposes from subtidal areas in any Oregon estuary without first obtaining a coast-wide bay clam dive fishery permit issued pursuant to OAR 635-006-1025 through OAR 635-006-1095;
(ii) To take or attempt to take bay clams, using dive gear, for commercial purposes from subtidal areas in Oregon estuaries south of Heceta Head without first obtaining a south-coast bay clam dive fishery permit issued pursuant to OAR 635-006-1025 through OAR 635-006-1095;
(iii) For a wholesaler, canner, or buyer to buy or receive bay clams taken in the bay clam dive fishery from a vessel or person not issued the permit required by this rule.
(iv) To take or attempt to take bay clams where more than two divers operating from any one boat were in the water at the same time or where more than two persons without permits, excluding persons authorized by the Department for the performance of official duties, were on board any boat while harvesting, possessing, or transporting bay clams.
(B) The Department may not issue more than ten coast-wide permits required by section (1)(l)(A)(i) of this rule and five south-coast permits required by (1)(l)(A)(ii) of this rule.
(C) Permits may be issued to individuals or to vessels, designated at the beginning of the year. Designation may not change during the year.
(m) Sardine fishery:
(A) It is unlawful for an individual to operate a vessel in the Sardine fishery without first obtaining a vessel permit issued pursuant to OAR 635-006-1035 through OAR 635-006-1095. The sardine fishery permit is not required for vessels to retain sardines as incidental catch in other fisheries.
(B) It is unlawful for a wholesaler, canner or buyer to buy or receive sardines taken in the Sardine fishery from a vessel for which the permit required by section (1)(m)(A) of this rule has not been issued.
(C) The Department may not issue more than 20 permits required by section (1)(m)(A) of this rule.
(D) The Sardine Advisory Group as defined under OAR 635-006-1065 may advise the Commission on increasing the number of permits, developing criteria for issuing the new permits, and other regulations concerning the sardine fishery.
(E) By January 1, 2008, vessels permitted under section (1)(m)(A) of this rule shall be operated or owned by the permit holder.
(2) The permits required by section (1) of this rule are in addition to and not in lieu of the commercial fishing and boat license required by ORS 508.235 and ORS 508.260.
(3) No vessel may hold more than one vessel permit for a given fishery at any one time.
(4) If permits are issued on an individual basis, no individual may hold more than one permit for a given fishery at any one time.
(5) Unless otherwise provided, permits must be purchased by December 31 of the license year.
(6) No vessel permit may be transferred away from a vessel without the lien holder's written permission.
(7) Applications for permits shall be in such form and contain such information as the Department may prescribe. Proof of length of a vessel may be required at the time of application.
Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109, 506.129 & 508.921 - 508.941
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96; DFW 92-1998, f. & cert. ef. 11-25-98; DFW 103-2001, f. & cert. ef. 10-23-01; DFW 95-2002, f. & cert. ef. 8-27-02; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 45-2006, f. 6-20-06, cert. ef. 12-1-06
635-006-1025
Permit Fee
The annual fee to participate in limited entry fisheries is as follows:
(1) Gillnet salmon -- $75. See ORS 508.790 and Section 6, Chapter 512, Oregon Laws 1989.
(2) Troll salmon -- $75. See ORS 508.816 and Section 6, Chapter 512, Oregon Laws 1989.
(3) Shrimp -- $75. See ORS 508. 901.
(4) Scallop -- $75. See ORS 508.858.
(5) Roe-herring -- $75. See ORS 508.765.
(6) Sea Urchin -- $75. See ORS 508.760.
(7) Ocean Dungeness crab -- $75. See ORS 508.941(4).
(8) Black rockfish/blue rockfish/nearshore fishery -- $75. See ORS 508.949.
(9) Brine Shrimp -- $75.
(10) Bay clam dive fishery -- $0.
(11) Sardine fishery -- $0.
Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06
635-006-1035
Eligibility Requirements for a Permit
Eligibility for a limited entry permit is as follows:
(1) Gillnet salmon -- see ORS 508.784.
(2) Troll salmon -- see ORS 508.810.
(3) Shrimp -- see ORS 508.886 and 508.895.
(4) Scallop -- see ORS 508.852.
(5) Roe-herring -- The ODFW shall issue a permit as per ORS 508.765:
(a) By renewal of previous year's permit;
(b) Through the lottery if a lottery is held in accordance with OAR 635-006-1085.
(6) Sea Urchin -- An individual licensed as a commercial fisherman under ORS 508.235 is eligible to obtain the permit required by OAR 635-006-1015:
(a) By renewal of previous year's permit; or
(b) Through the lottery if a lottery is held in accordance with OAR 635-006-1085; or
(c) Through a duly authorized medical transfer of an existing permit in accordance with OAR 635-006-1095;
(d) By combining three currently renewed permits into one new permit as provided in OAR 635-006-1095.
(7) Ocean Dungeness crab:
(a) See ORS 508.931;
(b) For the purposes of eligibility for the ocean Dungeness crab fishery permit, a boat which received a license waiver issued pursuant to ORS 508.808 shall be considered as having possessed a boat license for that year;
(c) ORS 508.931 and 508.941 require that the vessel be previously licensed in accordance with ORS 508.260 for the purposes of initial eligibility for an ocean Dungeness crab fishery permit. A single delivery license may not be substituted for a boat license for this purpose.
(8) Black rockfish/blue rockfish/nearshore fishery -- see ORS 508.947.
(9) Brine Shrimp -- A commercial fisherman licensed under ORS 508.235 is eligible to obtain the permit required by OAR 635-006-1015:
(a) By renewal of previous year's permit; or
(b) If issued a brine shrimp permit under the Developmental Fisheries Program prior to 2004.
(10) Bay clam dive fishery -- An individual licensed as a commercial harvester under ORS 508.235 or a vessel is eligible to obtain the permit required by OAR 635-006-1015:
(a) By renewal of previous year's permit; or
(b) For a south coast bay clam dive permit for the year 2006, if a bay clam south-coast dive permit was issued to the individual or vessel under the Developmental Fisheries program (OAR 635-006-0900) in 2005 and lawfully made five landings consisting of at least 100 pounds each landing or an annual total of 2,500 pounds of bay clams, using dive gear in Oregon in 2005; or
(c) For a coast wide bay clam dive permit for the year 2006, if a bay clam coast-wide dive permit was issued to the individual or vessel under the Developmental Fisheries program (OAR 635-006-0900) in 2005 and lawfully made five landings consisting of at least 100 pounds each landing or an annual total of 2,500 pounds of bay clams, using dive gear in Oregon in 2005.
(11) Sardine fishery:
(a) An individual or entity is eligible to obtain the vessel permit required by OAR 635-006-1015:
(A) If issued a sardine permit under the Developmental Fisheries Program (OAR 635-006-0900) in 2005; and
(B) Lawfully made landings of sardines into Oregon in 2003 and 2004; and
(C) Lawfully landed:
(i) At least 1,500 mt or 35 deliveries in any one year from 2000 through 2004; or
(ii) A total of 100 deliveries of sardines into Oregon in 2000 through 2004.
(b) If the number of permits issued under section (11)(a) of this rule is less than 20, enough permits to reach a total of 20 may be issued under section (11)(c) of this rule to vessels in order of highest total number of deliveries during 2000-2004.
(c) An individual or entity is eligible to obtain the vessel permit under (11)(b) of this rule if the vessel for which applications is made:
(A) Was not issued a permit under section (11)(a) of this rule; and
(B) Lawfully made landings of sardines into Oregon in 2003 and 2004; and
(C) Lawfully landed:
(i) At least 1,500 mt or 35 deliveries in any one year from 2000 through 2004; or
(ii) A total of 100 deliveries of sardines into Oregon in 2000 through 2004.
Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96; DFW 11-2003(Temp), f. & cert. ef. 2-10-03 thru 6-30-03; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06
635-006-1050
Evidence of Eligibility
In making determinations regarding issuance or renewal of any limited entry permit, the Department and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements Department records and such receipts, accounts, contracts and other business records of private parties as the Department or the Board considers reliable evidence of the qualifications or requirements in question.
Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109
Hist.: FWC 76-1995, f. 9-13-95, cert. ef. 9-19-95; FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96
635-006-1060
Revocation and Refusal to Issue Permits
The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of limited entry fisheries permits as follows:
(1) Gillnet salmon permit -- see ORS 508.787.
(2) Troll salmon permit -- see ORS 508.813.
(3) Shrimp permit -- see ORS 508.898.
(4) Scallop permit -- see ORS 508.855.
(5) Roe-herring permit -- see ORS 508.485 and 508.490.
(6) Sea Urchin permit -- see ORS 508.485 and 508.490.
(7) Ocean Dungeness crab permit -- see ORS 508.485 and 508.490.
Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109
Hist.: FWC 76-1995, f. 9-13-95, cert. ef. 9-19-95; FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96
635-006-1065
Review of Denials
(1) Except for bay clam dive fishery and sardine fishery permits, an individual whose application for issuance or renewal of a limited entry permit is denied by the Department may request review of the Department's decision by doing so in writing to the Commercial Fishery Permit Board. The procedure for requesting review and the applicable standard of review shall be as follows:
(a) Gillnet salmon -- see ORS 508.796;
(b) Troll salmon -- see ORS 508.825;
(c) Shrimp -- see ORS 508. 910;
(d) Scallop -- see ORS 508.867;
(e) Roe-herring - see ORS 508.765. For the roe-herring fishery, the Board may waive requirements for permits if the Board finds that:
(A) The individual for personal or economic reasons chose to actively commercially fish the permit vessel in some other ocean fishery during the roe-herring season; or
(B) The Board finds that the individual failed to meet the requirements as the result of illness, accident or other circumstances beyond the individual's control.
(f) Sea Urchin -- see ORS 508.760. For the sea urchin fishery, the Board may waive requirements for permits if the Board finds that failure to meet the requirements was due to illness, injury or circumstances beyond the control of the permittee;
(g) Ocean Dungeness crab -- see ORS 508.941. For the Ocean Dungeness crab fishery, a permit holder may request review of the Department's initial crab pot allocation or the Department's denial of replacement of lost buoy tags by doing so in writing to the Commercial Fishery Permit Board. The Board may adjust the number of crab pots allocated to a permit or approve replacement of lost buoy tags as follows:
(A) The Board may adjust the number of crab pots allocated to a permit:
(i) Based on additional landings documentation supplied by permit holder according to criteria under OAR 635-006-1015(1)(g)(E); or
(ii) The crab pot allocation may be increased by one tier as described under OAR 635-006-1015(1)(g)(E) based on circumstances during the qualifying seasons described in OAR 635-006-1015(1)(g)(E) beyond the control of the permit holder which created undue hardship as defined by OAR 635-006-1095(7)(d).
(B) The Board may approve replacement of lost buoy tags due to a catastrophic loss as defined under OAR 635-005-0055(1)(6)(g)(B).
(h) Black rockfish/blue rockfish/nearshore fishery -- see ORS 508.960.
(2) The Board may delegate to the Department its authority to waive requirements for renewal of permits in all fisheries in such specific instances as the Board sets forth in a letter of delegation to the Department.
(3) For those fisheries requiring a $75 application fee for Board review, the fee is nonrefundable. However, if the Board grants the applicant's request, the nonrefundable fee shall apply toward the permit fee.
(4) Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to ORS 183.550.
(5) Bay clam dive fishery permit:
(a) An individual whose application for issuance, renewal or transfer of a bay clam fishery permit is denied by the Department may, within 60 days of receipt of denial, make written request, to the Commission, for a hearing for review of the denial. The request shall identify why the permit should be granted.
(b) In accordance with any applicable provisions of ORS 183.310 to ORS 183.550 for conduct of contested cases, a hearings officer shall review the proposed denial by the Department of an application for issuance, renewal or transfer of a permit.
(c) A party must petition for Commission review of the hearing officer's proposed order within 30 days of service of the proposed order if the party wants the proposed order changed. A party must identify what parts of the proposed order it objects to, and refer to parts of the administrative record and legal authority supporting its position.
(d) Final Orders shall be issued by the Commission and may be appealed as provided in ORS 183.480 to ORS 183.550.
(6) Sardine fishery permit:
(a) An individual whose application for issuance, renewal or transfer of a sardine fishery permit is denied by the Department may, within 60 days of receipt of denial, make written request, to the Commission, for a hearing for review of the denial. The request shall identify why the permit should be granted.
(b) In accordance with any applicable provisions of ORS 183.310 to 183.550 for conduct of contested cases, a hearings officer shall review the proposed denial by the Department of an application for issuance, renewal or transfer of a permit. The Sardine Advisory Board is designated as a party to the contested case.
(c) A party, including the Department, must petition for Commission review of the hearing officer's proposed order within 30 days of service of the proposed order if the party wants to file an exception to the proposed order. A party must identify what parts of the proposed order it objects to, and refer to parts of the administrative record and legal authority supporting its position.
(d) The Sardine Advisory Group:
(A) Shall consist of members appointed by the Commission as follows:
(i) Three members shall be chosen to represent the sardine industry.
(ii) Two members shall be chosen to represent the public.
(B) Is subject to requirements of OAR 635-006-1200 sections (1) and (2).
Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 45-2006, f. 6-20-06, cert. ef. 12-1-06
635-006-1075
Renewal of Permit
(1) An individual who obtained a limited entry permit may renew the permit as follows:
(a) Gillnet salmon -- see ORS 508.781;
(b) Troll salmon -- see ORS 508.807;
(c) Shrimp -- see ORS 508. 892;
(d) Scallop -- see ORS 508.849;
(e) Roe-herring permit -- Permits may be renewed by submission to the Department of a $75 fee and a complete application;
(f) Sea Urchin permit:
(A) Permits may be renewed by submission to the Department of a $75 fee and a complete application date-stamped or postmarked by January 31 of the year for which renewal is sought; and
(B) The permittee shall have annually lawfully landed 5,000 pounds of sea urchins in Oregon. If a permittee obtained a permit later than January of the prior year (because the permit was obtained through the lottery, or as a result of Permit Board actions or surrender of a permit by a permit holder), the permittee shall not be required to make the 5,000 pound landing by the following January. Instead, at the next renewal thereafter, the permittee shall be required to demonstrate that the 5,000 pound landing requirement was fulfilled during the first full year (twelve-month period) in which the permit was held.
(g) Ocean Dungeness crab permit - see ORS 508.941. A permit which is not renewed by December 31 lapses, and may not be renewed for subsequent years.
(h) Black rockfish/blue rockfish/nearshore fishery -- see ORS 508.947.
(i) Brine Shrimp permit:
(A) Permits may be renewed by submission to the Department of a $75 fee and a complete application date-stamped or postmarked by January 31 of the year for which renewal is sought; and
(B) The permittee shall have lawfully landed 5,000 pounds of brine shrimp in Oregon in the prior year.
(j) Bay clam dive fishery:
(A) Permits may be renewed by submitting to the Department a $75 fee and a complete application date-stamped or postmarked by January 31 of the year for which renewal is sought and;
(B) The permittee shall have lawfully made five landings consisting of at least 100 pounds each landing or an annual total of 2,500 pounds of bay clams, using dive gear in Oregon in the prior calendar year;
(C) Logbooks required under OAR 635-006-1110 must be turned into an ODFW office by the application deadline for renewal of a permit.
(D) If a permit is transferred under OAR 635-006-1095(10)(d), annual renewal requirements are waived in the year the transfer occurred.
(k) Sardine fishery.
(l) To renew a sardine permit:
(A) A complete application date-stamped or postmarked by December 31 of the year preceding the year for which the new permit is sought must be submitted to the Department;
(B) Logbooks required under OAR 635-006-1110 must be turned into an ODFW office by the application deadline for renewal of a permit; and
(C) The permittee shall have lawfully landed at least 10 landings of at least 5 mt each or landings totaling at least $40,000, based on ex-vessel price of sardines into Oregon.
(D) The Commission may waive the landing requirements of section (C) of this rule if it finds that failure to meet those requirements was due to illness, injury, or circumstances beyond the control of the permit holder. Final Orders shall be issued by the Commission and may be appealed as provided in ORS 183.480 to 183.550.
(E) The Commission may waive the landing requirements of section (C) of this rule due to unusual market conditions.
(2) An application for renewal in any limited entry fishery shall be considered complete if it is legible, has all information requested in the form, and is accompanied by the required fee in full. Any application which is not complete shall be returned, and unless it is thereafter resubmitted and deemed complete by January 31, the individual shall not be considered to have applied for renewal in a timely manner.
(3) It is the responsibility of the permittee to ensure that an application is complete and is filed in a timely manner. Failure of the Department to return an application for incompleteness or of an individual to receive a returned application shall not be grounds for treating the application as having been filed in a timely and complete manner.
Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109, 506.129 & 508.921 - 508.941
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; FWC 64-1996, f. 11-13-96, cert. ef. 11-15-96; DFW 92-1998, f. & cert. ef. 11-25-98; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 23-2006, f. & cert, ef, 4-21-06
635-006-1085
Lottery for Certain Limited Entry Fisheries
(1) A lottery process is provided in all limited entry fisheries except ocean Dungeness crab and sardines.
(2) A lottery for issuance of permits shall be conducted as follows:
(a) Gillnet salmon -- see ORS 508.792;
(b) Troll salmon -- see ORS 508.819;
(c) Shrimp -- see ORS 508. 904;
(d) Scallop -- see ORS 508.861. If the number of permits issued in accordance with ORS 508.849 falls below 25, the Department in the next succeeding calendar year may issue permits by a lottery system. However, the total number of permits issued shall not exceed 25;
(e) Roe-herring -- If the number of permits issued in accordance with OAR 635-006-1035 falls below six, the Department in the next succeeding calendar year may issue permits by a lottery system. However, as a result of any such lottery, the total number of permits issued shall not exceed six;
(f) Sea Urchin:
(A) If the total number of permits which have been renewed, and/or for which an appeal is pending, with the Commercial Fishery Permit Board and/or awarded through a prior lottery, is less than 30, a lottery shall be held on the 4th Friday in April;
(B) An individual must be 18 years of age or older and furnish proof of age to be eligible for the lottery;
(C) An individual may not already hold a valid urchin permit, however, an individual whose permit is at issue in a pending Sea Urchin Permit Board proceeding or before a court of law may participate in the lottery;
(D) If a permittee whose permit is at issue either before the Sea Urchin Permit Board or a court of law is awarded another permit through the lottery and thereafter prevails before the Board or in court, the permittee shall immediately surrender one of the permits to any Department office, so that only one valid permit is held;
(E) An individual who qualifies to participate in the lottery shall send a complete lottery application to the Department, date-stamped or postmarked no later than April 15 of the year for which the permit is to be issued. An individual shall not submit more than one application to participate in the lottery. For successful applicants, the application fee shall apply toward the permit fee of $75;
(F) The names of lottery applicants shall be drawn to obtain the available permits. All other names of lottery applicants shall be drawn and placed on an alternate list in the order in which they were drawn, and shall be issued permits during the next 24 months as they may become available through Permit Board actions or surrender of permits by a permit holder;
(G) An individual whose name is drawn in the lottery shall thereafter apply on the prescribed form, to the Department to obtain a permit. Such application must be received by the Department within 30 days of the date the notification was mailed to the successful applicant following the lottery;
(H) Any individual who fails to apply for the lottery permit within 30 days shall forfeit such permit. The permit shall then be made available to the first name on the alternate list, and shall be applied for in accordance with section (G) of this rule;
(I) If all permits are not issued by renewal or through the lottery, permits thereafter may be issued on a first come first served basis up to the total number of permits allowed. All applications shall be mailed to the Department and priority shall be based on postmark or date-stamped date;
(J) The Commission may suspend the lottery for up to two years based upon its assessment of the condition of the resource and recommendations of the Sea Urchin Permit Review Board.
(g) Black rockfish/blue rockfish/nearshore fishery -- see ORS 508.955. If the number of permits issued in accordance with ORS 508.947 falls below 80 for black rockfish and blue rockfish permits or 50 for black rockfish and blue rockfish permits with a nearshore endorsement, the Department in the next succeeding calendar year may issue permits by a lottery system. However, the total number of permits issued shall not exceed 80 for black rockfish and blue rockfish permits or 50 for black rockfish and blue rockfish permits with a nearshore endorsement.
(h) Bay clam dive fishery -- If the number of permits issued in accordance with OAR 635-006-1035 falls below ten for coast-wide permits or five for south-coast permits, the Department may issue permits by a lottery system. However, as a result of any such lottery, the total number of permits issued shall not exceed ten for coast-wide permits or five for south-coast permits;
(3) Each applicant for a permit lottery shall complete the application form prescribed by the Department.
(4) Application for vessel permits shall only be accepted for vessels, which in the judgment of the Department, are capable of operating the gear necessary to legally participate in the fishery. Vessels of a size or design incapable of harvesting the permitted species are not eligible for the lottery.
(5) Only one application per vessel may be submitted for each permit fishery lottery.
(6) Any application which is not legible, has incomplete information, or is postmarked after the deadline will not be entered in the lottery. Applications for all permits will be accepted at the Headquarters Office of the Department of Fish and Wildlife, and shall be postmarked or date stamped no later than June 30 of the year for which the permit is issued.
Stat. Auth.: ORS 506.119
Stats. Implemented: ORS 506.109
Hist.: FWC 3-1996, f. 1-31-96, cert. ef. 2-1-96; DFW 11-2003(Temp), f. & cert. ef. 2-10-03 thru 6-30-03; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 70-2004(Temp), f. & cert. ef. 7-12-04 thru 12-31-04; Administrative correction, 2-18-05; DFW 137-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06
635-006-1095
Transferability of Permits
Any transfer of a permit away from a vessel without the written consent of each person holding a security interest in such vessel is void. The following rules apply to transfer of limited entry fishery permits:
(1) Gillnet salmon -- see ORS 508.793.
(2) Troll salmon -- see ORS 508.822.
(3) Shrimp -- see ORS 508. 907.
(4) Scallop -- see ORS 508.864.
(5) Roe-herring: A permit is transferable to:
(a) A replacement vessel of the permit holder; or, upon request of a permit holder, the Department may authorize transfer of a permit to a replacement vessel owned by an individual other than the permit holder. However, any transfer of a permit away from a vessel without the written consent of each person holding a security interest in such vessel is void;
(b) The purchaser of the vessel when the vessel is sold.
(6) Sea Urchin:
(a) Medical Transfers: If the number of permits is at 31 or more, the Department may authorize a permit to be transferred to a specified individual for up to 90 days upon petition by a permittee on the form provided by the Department. The Department's decision to allow a transfer shall be based on a finding that the current permit holder is unable to participate in the fishery due to injury or illness which prevents diving, based on medical evidence submitted by the permit holder and such other evidence the Department considers reliable. At the end of the transfer period, the transfermay be renewed by the Department to the original transferee or to a new transferee, provided that the permittee again submits medical evidence documenting that the injury or illness continues to prevent the permittee's return to diving. There is a two-year limit on the eligibility of each individual permit for medical transfer status, beginning with the start date of the first medical transfer of that permit on or after January 1, 1996, and ending two years from that date. When the total number of permits reaches 30 or less the Department shall not allow any permit transfers for any medical reason; (continued)