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(2) Prior to making any sale pursuant to this section, the person must notify the commission, in such manner as the commission prescribes, of the estimated number of food fish on board the boat and of the location where the sale is to take place.
(3) Within seven days of making any sale pursuant to this section, the person shall submit to the commission a report thereof, in such form as the commission may prescribe. The person must pay the fees required as prescribed in ORS 508.505 to 508.540, or in such other manner as the commission by rule may prescribe.
(4) The person may sell food fish from any port and dock location in this state.
(5) If a person fails to comply with subsection (3) of this section, the commission may revoke and thereafter refuse to issue another limited fish seller permit. [1985 c.533 §2; 1987 c.802 §1; 1991 c.701 §11; 1999 c.585 §1]
508.605 [Repealed by 1961 c.232 §1]
508.610 [Repealed by 1961 c.232 §1]
508.615 [Repealed by 1961 c.232 §1]
508.620 [Repealed by 1961 c.232 §1]
508.625 [Repealed by 1961 c.232 §1]
508.630 [Repealed by 1961 c.232 §1]
508.635 [Amended by 1957 c.462 §1; repealed by 1961 c.232 §1]
508.640 [Repealed by 1961 c.232 §1]
508.645 [Amended by 1957 c.462 §2; repealed by 1961 c.232 §1]
508.650 [Repealed by 1961 c.232 §1]
508.655 [Repealed by 1961 c.232 §1]
SALMON HATCHERY PERMITS
508.700 Permits for salmon hatcheries; fees. (1) The State Fish and Wildlife Commission may issue a permit, subject to such restrictions and regulations as the commission deems desirable, to any person to construct and operate a hatchery for:
(a) Chinook salmon, also known as Oncorhynchus tshawytscha; or
(b) Chum salmon, also known as Oncorhynchus keta or dog salmon; or
(c) Silver salmon, also known as Oncorhynchus kisutch or coho salmon; or
(d) Pink salmon, also known as Oncorhynchus gorbuscha or humpback salmon.
(2) The application for a permit to construct and operate a chum salmon, chinook salmon, silver salmon, or pink salmon hatchery shall include an application fee of $100. [1971 c.203 §1; 1973 c.356 §1; 1979 c.556 §1]
508.705 Hearing for permits. (1) Prior to issuance of any permit by the State Fish and Wildlife Commission, a public hearing shall be held. Notice of the hearing shall be published at least once and at least 10 days prior to the hearing in a newspaper of general circulation in each of the counties in which the hearing is to be held, or if no such newspaper is published in that county or counties, then such a newspaper in an adjoining county.
(2) The hearing shall be conducted by either the commission or a representative designated by the commission. [1971 c.203 §2; 1975 c.253 §31]
508.710 Grounds for denial of permit. No permit shall be issued:
(1) Which may tend to deplete any natural run of anadromous fish or any population of resident game fish.
(2) Which may result in waste or deterioration of fish.
(3) If the proposed operation is to be located on the same stream or river or tributary thereof on which a state or federal fish culture facility is established or is planned to be established.
(4) If the proposed operation is not consistent with sound resource management and is not in close proximity to the ocean.
(5) If the State Fish and Wildlife Commission determines the applicant does not have the financial capability to successfully construct and operate the hatchery or may not properly conduct the operation authorized under the permit. [1971 c.203 §3]
508.715 Conditions of permits. Any permit granted by the State Fish and Wildlife Commission pursuant to ORS 508.700 to 508.745 shall contain at least the following conditions:
(1) All propagated fish released into state waters shall be marked annually at no less than the level of marking of the same species of fish by hatcheries operated by the commission for the purpose of determining contributions to ocean fisheries.
(2) All propagated coho and chinook salmon released into state waters shall be marked annually, consistent with subsection (8) of this section, at a minimum level necessary to determine the proportion of straying of hatchery coho and chinook salmon into the spawning beds of natural and hatchery produced native stocks of salmon. However, the commission shall not require private hatcheries to meet marking standards that the commission would not apply to its own operations in similar circumstances.
(3) Prior to release into state waters, the fish must be subject to examination by a qualified fish pathologist approved by the commission to determine that they are not diseased or infected with any disease which in the opinion of the commission may be detrimental to the state fishery resources. Cost of such examination shall be paid by the permittee. No fish shall be released without written approval from the commission. The commission may require diseased fish to be destroyed. The commission shall not suffer civil or criminal liability for any fish destroyed under this section.
(4) The permittee may be authorized by the commission to divert all fish returning to the stream to an inspection area, the location of such area to be approved by the commission, to examine all fish for the purpose of identifying propagated fish.
(5) Notwithstanding the provisions of ORS chapters 509 and 511, the permittee shall have the right to take for commercial purposes, only those fish the commission determines were propagated by the permittee, and the commission’s decision is final.
(6) It shall be unlawful for the permittee to select stocks of fish or to genetically alter the life history or habits of propagated fish in a way the State Department of Fish and Wildlife determines is inconsistent with the provisions of ORS 496.012 or 506.109.
(7) It shall be unlawful for the permittee to conduct any activity not authorized by the permit or fail to conduct activities required by the permit without approval of the commission after public hearings.
(8) The permittee shall pay all reasonable costs incurred by the commission as a result of the operation of the private hatchery. [1971 c.203 §5; 1979 c.556 §5; 1985 c.529 §1; 1989 c.817 §1]
508.718 Program for protecting natural runs and genetic diversity of anadromous fish stocks; rules; findings. (1) The Legislative Assembly finds that protecting the natural runs and genetic diversity of anadromous fish is essential to the long-term health of Oregon’s natural resources and sport and commercial fisheries.
(2) Not later than January 1, 1990, the State Department of Fish and Wildlife shall:
(a) Develop and implement monitoring programs, consistent with ORS 508.715 (8) at a minimum level necessary to determine the proportion of straying of hatchery fish into the spawning beds of natural and hatchery produced native stocks of salmon.
(b) Utilizing the best available scientific evidence, adopt rules, after public hearing, that determine the proportion of straying that by indicator stock is likely to cause deterioration of the genetic diversity and habitat necessary to maintain long-term species viability or that causes a deterioration of natural or native stocks of salmon.
(3) The Legislative Assembly further finds that private hatcheries are a significant part of Oregon’s salmon resource and that the Legislative Assembly relies on the State Fish and Wildlife Commission to monitor and regulate private hatcheries in a way that will optimize their long-term contribution to Oregon’s salmon resource in conformity with the findings under subsection (1) of this section. [1989 c.817 §5; 1995 c.79 §295]
508.720 Altering terms of permits; findings; hearing; restoration of fish population. (1) If the State Fish and Wildlife Commission finds that the operation described in the permit is not in the best public interest, it shall alter the conditions of the permit to mitigate such adverse effects or may cause an orderly termination of the operation under the permit. Proceedings to cause such alteration or termination shall be conducted in accordance with ORS chapter 183. An orderly termination shall not exceed a four-year period and shall culminate in the revocation of the permit in its entirety. During this period the permittee may continue to examine and take specified propagated chum salmon, chinook salmon, silver salmon or pink salmon according to the provisions of the permit but may not release additional fish.
(2) If the commission finds the operation has caused deterioration of the natural run of anadromous fish or any population of resident game fish in the waters covered by the permit, it may require the permittee to return the fish populations to the same condition that existed prior to issuance of the permit. If the permittee fails to take appropriate action, the commission shall take such action and the permittee shall bear any cost incurred by the commission. [1971 c.203 §6; 1973 c.356 §2; 1975 c.253 §32; 1979 c.556 §2; 1989 c.817 §2]
508.725 Released fish as state property; consideration by commission of adverse economic impact on hatcheries. (1) All fish released under ORS 508.700 to 508.745 during the time they are in the wild will be the property of the state and may be taken under angling or commercial fishing laws of this state until they return to the private hatchery.
(2) In carrying out the provisions of ORS 496.162 or 506.129, the State Fish and Wildlife Commission shall not consider evidence of or argument regarding the prospect of adverse economic impact on the activities of hatcheries for which permits have been issued unless the commission determines that it is necessary in order to comply with the policies set forth in ORS 496.012 or 506.109. [1971 c.203 §4; 1979 c.335 §1]
508.730 Disposal of salmon products. After first ensuring that all natural and artificial fish production needs of the State Department of Fish and Wildlife have been met, the State Fish and Wildlife Commission may provide at a reasonable fee chum salmon, chinook salmon, silver salmon or pink salmon, or the sexual products therefrom, for the needs of any person granted a permit by the commission pursuant to ORS 508.700 to 508.745 in the following order of priority:
(1) The needs of the salmon and trout enhancement program.
(2) The needs of fish propagation facilities operated under contract or agreement with other state or federal agencies, local governments, special districts and nonprofit organizations.
(3) The needs of all federal and other fish propagation facilities located on the Columbia River and its tributaries. [1971 c.203 §7; 1973 c.356 §3; 1979 c.556 §3; 1981 c.317 §9; 1995 c.469 §5]
508.735 Application of chapter to taking and sale of salmon. The provisions of this chapter shall apply to the taking and sale of chum salmon, chinook salmon, silver salmon or pink salmon artificially reared under any permit granted by the State Fish and Wildlife Commission pursuant to ORS 508.700 to 508.745. [1971 c.203 §8; 1973 c.356 §4; 1979 c.556 §4]
508.737 Policy for marketing of salmon products. It is the policy of the State of Oregon that all holders of permits issued pursuant to ORS 508.700 to 508.745 are encouraged to market salmon products obtained pursuant to permit activities in such manner as to promote the development and growth of locally based industries and to provide the maximum benefit to the economy of this state. [1979 c.556 §7]
508.740 Authority under ORS 508.700 to 508.745. (1) Nothing in ORS 508.700 to 508.745 is intended to give the permittee any equity in any of the waters or fish of the state.
(2) Nothing in ORS 508.700 to 508.745 shall imply an intent to permit commercial fishing in any rivers south of the mouth of the Columbia River except as provided in ORS 508.715 (5). [1971 c.203 §§9,10; 1989 c.817 §3]
508.745 Disposition of moneys received under ORS 508.700 to 508.745. All moneys received by the State Fish and Wildlife Commission under ORS 508.700 to 508.745 except those under ORS 508.735 shall be paid over to the State Treasurer to be held in a suspense account established under ORS 293.445. After the payment of costs of administration incurred by the commission in carrying out the provisions of ORS 508.700 to 508.745, that portion of the balance of the moneys in this suspense account as of the end of each fiscal year shall be deposited to the General Fund for general governmental purposes. [1971 c.203 §11]
COMMERCIAL FISHERY PERMIT BOARD
508.755 Membership; duties; meetings; expenses. (1) There is established within the State Department of Fish and Wildlife the Commercial Fishery Permit Board. The board shall consist of members appointed by the State Fish and Wildlife Commission as follows:
(a) Three members shall be chosen to represent the Columbia River gillnet salmon fishing industry.
(b) Three members shall be chosen to represent the ocean troll salmon fishing industry.
(c) Three members shall be chosen to represent the ocean pink shrimp fishing industry.
(d) Three members shall be chosen to represent the Yaquina Bay roe-herring fishing industry.
(e) Three members shall be chosen to represent the sea urchin commercial fishery.
(f) Three members shall be chosen to represent the ocean Dungeness crab fishing industry.
(g) Three members shall be chosen to represent the black rockfish and blue rockfish fishing industry and the nearshore fish fishing industry.
(h) Two members shall be chosen to represent the public.
(2) A member of the board shall receive no compensation for services as a member. However, subject to any applicable law regulating travel and other expenses of state officers and employees, a member shall be reimbursed for travel and other expenses incurred in the performance of official duties.
(3) The board shall select such officers, for such terms and with such duties and powers, as the board considers necessary for the performance of those offices.
(4) A majority of the members of the board constitutes a quorum for the transaction of business.
(5) The board shall meet at such times and places as may be determined by the chairperson or by a majority of the members of the board.
(6) Notwithstanding any other provision of law:
(a) Members of the board representing the Columbia River gillnet salmon fishing industry shall participate in actions of the board only on matters arising under ORS 508.285, 508.470 and 508.775 to 508.796.
(b) Members of the board representing the ocean troll salmon fishing industry shall participate in actions of the board only on matters arising under ORS 508.801 to 508.825.
(c) Members of the board representing the ocean pink shrimp fishing industry shall participate in actions of the board only on matters arising under ORS 508.880, 508.883 and 508.889 to 508.910.
(d) Members of the board representing the Yaquina Bay roe-herring fishing industry shall participate in actions of the board only on matters arising under ORS 508.765.
(e) Members of the board representing the sea urchin commercial fishery shall participate in actions of the board only on matters arising under ORS 508.760.
(f) Members of the board representing the ocean Dungeness crab fishing industry shall participate in actions of the board only on matters arising under ORS 508.921.
(g) Members of the board representing the black rockfish and blue rockfish fishing industry and the nearshore fish fishing industry shall participate in actions of the board only on matters arising under ORS 508.947, 508.957 or 508.960. [Formerly 508.920; 2003 c.809 §13]
RESTRICTED PARTICIPATION SYSTEMS
508.760 Sea urchin limited participation; terms; conditions; fees; rules. (1) Notwithstanding any other provision of the commercial fishing laws, in order to provide a sea urchin (Strongylocentrotus franciscanus, S. purpuratus and S. droebachiensis) commercial fishery with optimum profits to those engaged in the fishery and to prevent a concentration of fishing effort that would deplete the resource, the State Fish and Wildlife Commission, by rule, shall establish a system for limiting participation in the sea urchin commercial fishery. Any such system may include, but is not limited to, provisions on the following matters:
(a) Establishment of criteria for initial entry into fishery participation and for annual qualification for participation thereafter.
(b) Establishment of terms and conditions for transferring participation rights.
(2) The annual fee to participate in the sea urchin fishery is $75. [1987 c.374 §2; 1991 c.701 §12; 1995 c.602 §2]
508.762 Review of denial of sea urchin permit renewal or transfer; fee; rules. (1) A person whose application for renewal or transfer of a permit established pursuant to ORS 508.760 is denied may make written request to the Commercial Fishery Permit Board for review of the denial. The review provided in this subsection is in lieu of any such review by the State Department of Fish and Wildlife or the State Fish and Wildlife Commission. The request shall be in such form and shall contain such information as the board considers appropriate. The request shall be accompanied by a nonrefundable fee of $75. Such fee shall apply toward the permit fee of an applicant seeking review who is successful in obtaining a permit.
(2) The board shall review a denial of an application for renewal or request to transfer a permit according to the applicable provisions of ORS chapter 183. Orders issued by the board are not subject to review by the commission, but may be appealed as provided in ORS 183.480 to 183.500.
(3) According to the applicable provisions of ORS chapter 183, the board may promulgate such rules as it considers necessary to carry out its duties, functions and powers.
(4) The board may delegate to the department its authority to waive requirements for renewal of permits. [1995 c.602 §3]
Note: 508.762 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 508 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
508.765 Roe-herring limited participation; terms; conditions; fees; rules. (1) Notwithstanding any other provision of the commercial fishing laws, in order to provide a roe-herring commercial fishery with optimum profits to those engaged in the fishery and to prevent a concentration of fishing effort that would deplete the resource, the State Fish and Wildlife Commission, by rule, shall establish a system for limiting participation in the roe-herring commercial fishing. Any such system may include, but is not limited to, provisions on the following matters:
(a) Establishment of criteria for initial entry into fishery participation and for annual qualification for participation thereafter.
(b) Establishment of terms and conditions for transferring participation rights.
(2) The annual fee to participate in the roe-herring fishery is $75.
(3)(a) A denial by the commission of an application for renewal of any permit or transfer of any permit established under this section shall be subject to review by the Commercial Fishery Permit Board upon written request of the applicant. The review provided under this subsection shall be in lieu of any such review by the commission or the State Department of Fish and Wildlife.
(b) Request for review under this subsection shall be on such forms and contain such information as the board shall determine. Requests for review shall be accompanied by a $75 fee, which fee shall apply toward any applicable permit fees resulting from an order of the board in favor of the requesting applicant.
(4) Orders issued by the board are not subject to review by the commission but may be appealed as provided in ORS chapter 183.
(5) According to the provisions of ORS chapter 183, the board shall adopt such rules as it determines necessary to carry out its duties, functions and powers. [Formerly 508.800; 1991 c.701 §13; 1995 c.602 §4]
RESTRICTED VESSEL PERMIT SYSTEMS
(Columbia River Gillnet Fishery)
508.775 Vessel permit required to engage in fishery; purchase of fish by dealer from individual without permit prohibited. (1) Notwithstanding any other provision of the commercial fishing laws, it is unlawful for an individual to operate a vessel in the Columbia River gillnet salmon fishery without first obtaining a vessel permit issued pursuant to ORS 508.775 to 508.796. However, an individual who holds valid commercial fishing licenses and vessel permits required by and issued pursuant to the laws of the State of Washington for commercial salmon fishing in the Columbia River may land salmon in this state that were taken in the Columbia River gillnet salmon fishery without the permit otherwise required by this subsection.
(2) Notwithstanding any other provision of the commercial fishing laws, it is unlawful for a wholesaler, canner or buyer to buy or receive salmon taken in the Columbia River gillnet fishery from an individual who does not have the permit required by subsection (1) of this section.
(3) The permit required by subsection (1) of this section is in addition to and not in lieu of the boat license required by ORS 508.260. [1979 c.679 §2; 1981 c.365 §1]
508.778 Limitation on issuance of permits. Except as provided in ORS 508.792, no new vessel permits shall be issued. [1979 c.679 §3; 1981 c.365 §40; 1989 c.940 §3; 1995 c.602 §5]
508.781 Renewal of permit. An individual who obtained the permit required by ORS 508.775 for a particular calendar year is eligible to obtain renewal of the permit in a subsequent calendar year, upon application and payment of the fees therefor by December 31 of the permit year. [1979 c.679 §4; 1981 c.365 §12; 1995 c.602 §6]
508.784 Considerations in determining eligibility for permit. In making determinations regarding renewal of the permits required by ORS 508.775, the State Department of Fish and Wildlife 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 consider reliable evidence of the qualifications or requirements in question. [1979 c.679 §5; 1989 c.940 §4]
508.787 Permit revocation procedure. The board may revoke and refuse subsequent issuance of a permit required by ORS 508.775 in the manner provided in ORS 508.485 and 508.490. [1979 c.679 §6]
508.790 Fee; application form. (1) The annual fee for the vessel permit required by ORS 508.775 is $1.
(2) Applications shall be in such form and contain such information as the State Department of Fish and Wildlife, by rule, may prescribe. [1979 c.679 §7; 1981 c.43 §3]
Note: See note under 508.285.
508.792 Lottery system for permit issuance. (1) Except as provided in subsection (2) of this section, if the number of permits renewed under ORS 508.781 falls below 200, the State Department of Fish and Wildlife shall issue permits by a lottery system for vessels that do not meet the requirements of ORS 508.781. However, the number of permits issued pursuant to any such lottery system shall not increase the number of permits issued to a total number greater than 200.
(2) The State Fish and Wildlife Commission may, in its discretion, suspend the lottery for up to two years. Suspension shall be based on the commission’s assessment of the condition of the resource and shall account for the recommendations of the Gillnet Salmon Review Board. [1989 c.940 §5b; 1995 c.602 §7]
508.793 Permit transfer restrictions. (1) The vessel permit required by ORS 508.775 is transferable:
(a) To a replacement vessel of the permit holder.
(b) To the purchaser of the vessel when the vessel is sold.
(2) Notwithstanding subsection (1) of this section, upon request of a permit holder, the State Department of Fish and Wildlife 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. [1979 c.679 §9; 1981 c.365 §14]
508.796 Review of permit denial; fee; rules; limitation on transfer of certain permits. (1) An individual whose application for renewal of the permit required by ORS 508.775 is denied by the State Department of Fish and Wildlife may make written request to the Commercial Fishery Permit Board for review of the denial. The review provided in this subsection is in lieu of any such review by the department or the State Fish and Wildlife Commission. The request shall be in such form and shall contain such information as the board considers appropriate. The request shall be accompanied by a nonrefundable fee of $75. Such fees shall apply toward the permit fee of successful applicants.
(2) In accordance with any applicable provision of ORS chapter 183, the board shall review denials of applications for renewal of permits. Orders issued by the board are not subject to review by the commission, but may be appealed as provided in ORS 183.480 to 183.500. The board may waive requirements for renewal of permits if the board finds:
(a) That the individual for personal or economic reasons chose to actively commercially fish in some other fishery during the Columbia River gillnet salmon seasons; or
(b) That the individual failed to meet the requirements as the result of illness, accident or other circumstances beyond the individual’s control.
(3) In accordance with any applicable provision of ORS chapter 183, the board may promulgate such rules as it considers necessary to carry out its duties, functions and powers.
(4) The board may delegate to the department its authority to waive requirements for renewal of permits.
(5) Notwithstanding any other provision of law, without the prior approval of the Commercial Fishery Permit Board, a Columbia River gillnet salmon vessel permit acquired as a result of a waiver pursuant to subsection (2) of this section may not be transferred to another vessel until the vessel for which the permit was issued has been used in the Columbia River gillnet salmon fishery for two or more calendar years. [1979 c.679 §10; 1981 c.365 §15; 1989 c.940 §5; 1995 c.602 §8]
508.800 [1983 c.419 §2; renumbered 508.765 in 1987]
(Ocean Troll Salmon Fishery)
508.801 Vessel permit required to engage in fishery; purchase of fish by dealer from individual without permit prohibited. (1) Notwithstanding any other provision of the commercial fishing laws, it is unlawful for an individual to operate a vessel in the ocean troll salmon fishery without first obtaining a vessel permit issued pursuant to ORS 508.755 and 508.801 to 508.825.
(2) Notwithstanding any other provision of the commercial fishing laws, it is unlawful for a wholesaler, canner or buyer to buy or receive salmon taken in the ocean troll fishery from a vessel for which the permit required by subsection (1) of this section has not been issued.
(3) The permit required by subsection (1) of this section is in addition to and not in lieu of the boat license required by ORS 508.260. [1979 c.613 §2; 1981 c.365 §1]
508.804 Restriction on issuance and renewal of permits. Except as provided in ORS 508.819, no new vessel permits shall be issued. [1979 c.613 §3; 1989 c.940 §6; 1995 c.602 §9]
508.807 Renewal of permit; replacement vessel. (1) An individual who obtained the permit required by ORS 508.801 for a particular calendar year is eligible to obtain renewal of the permit in a subsequent calendar year, upon application by December 31 of the permit year and payment of the fees therefor, and upon obtaining the annual boat license referred to in ORS 508.285, not later than December 31 of each year.
(2) Notwithstanding any other provision of law, an individual who permanently loses the services of a vessel through capsizing, sinking, fire, collision or other catastrophic accident has a period of two years from the date of loss to replace the vessel without losing eligibility to renew the vessel permit. [1979 c.613 §4; 1981 c.43 §5; 1987 c.912 §1; 1995 c.602 §10]
508.808 Special renewal and fee provisions. (1) In order to be able to renew the vessel permit in any subsequent year, an individual is not required to renew the boat license as provided in ORS 508.807 if:
(a) In the year prior to renewal there was not an ocean troll salmon season of more than 20 consecutive days between May 1 and July 31 in the Pacific Fisheries Management Council management area adjacent to the port where the vessel lands fish; and
(b) The vessel landed salmon in only one single Oregon port and no other during the preceding three years in which there was a salmon season of more than 20 consecutive days between May 1 and July 31 in the Pacific Fisheries Management Council management area adjacent to the port.
(2) The State Department of Fish and Wildlife may, upon written request by the purchaser, refund any amount paid for a boat license for a boat that qualifies under the provisions of subsection (1) of this section. [1993 c.227 §§2,3; 1995 c.540 §1]
508.810 Considerations in determining eligibility for permit. In making determinations regarding renewal of the permits required by ORS 508.801, the State Department of Fish and Wildlife 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. [1979 c.613 §5; 1989 c.940 §7]
508.813 Permit revocation procedure. The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a permit required by ORS 508.801 in the manner provided in ORS 508.485 and 508.490. [1979 c.613 §6]
508.816 Fee; application form; rules. (1) The annual fee for the vessel permit required by ORS 508.801 is $10.
(2) Applications shall be in such form and contain such information as the State Department of Fish and Wildlife, by rule, may prescribe. [1979 c.613 §7; 1981 c.43 §1; 1987 c.912 §2]
Note: See note under 508.285.
508.819 Lottery system for permit issuance. (1) Except as provided in subsections (2) and (3) of this section, if the number of permits renewed under ORS 508.807 falls below 1,200, the State Department of Fish and Wildlife shall issue permits by a lottery system for vessels that do not meet the requirements of ORS 508.807. However, the number of permits issued pursuant to any such lottery system may not increase the number of permits issued to a total number greater than 1,200.
(2) The State Fish and Wildlife Commission may, in its discretion, suspend the lottery for up to two years. Suspension shall be based on the commission’s assessment of the condition of the resource and shall account for the recommendations of the Troll Salmon Permit Review Board.
(3) The department shall consider a permit transferred to, purchased by or otherwise held by the federal government as a permit renewed under ORS 508.807. A permit transferred to, purchased by or otherwise held by the federal government is a permit under the limit of 1,200 permits established by this section. [1979 c.613 §8; 1981 c.365 §2; 1987 c.912 §3; subsection (2) of 1987 Replacement Part enacted as 1983 c.797 §4; 1993 c.555 §1; 1995 c.602 §13; 2001 c.235 §1]
508.822 Permit transfer restrictions; rules. (1) The vessel permit required by ORS 508.801 is transferable:
(a) To a replacement vessel of the permit holder.
(b) To the purchaser of the vessel when the vessel is sold.
(c) Upon request of a permit holder, transfer of a permit to a replacement vessel owned by an individual other than the permit holder if authorized by the State Department of Fish and Wildlife. 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.
(2) Permits may be transferred between vessels where both vessels fall within any one of the following categories:
(a) Vessels less than 30 feet;
(b) Vessels greater than 30 feet and less than or equal to 42 feet; or
(c) Vessels greater than 42 feet.
(3) A permit may be transferred from a vessel that is in one of the categories defined in subsection (2) of this section to a vessel that is in a different category provided that no vessel permit may be transferred to a vessel more than five feet longer than the vessel from which the permit is being transferred.
(4)(a) Notwithstanding subsection (3) of this section and except for transfer to another vessel owned by the current permit holder, a vessel permit may be transferred to a vessel over 30 feet in length only if, in the calendar year prior to transfer, the vessel from which the permit is being transferred was used in the ocean troll salmon fishery in Oregon, Alaska, Washington or California to take 100 pounds of salmon. The department, by rule, may require proof of vessel ownership prior to the transfer of a permit away from any vessel. This section shall not be effective in the calendar year following a year in which the number of permits issued pursuant to ORS 508.801 is less than 1,200.
(b) A vessel permit may not be transferred more than once in any 12-month period. However, the Commercial Fishery Permit Board may waive the waiting period for additional transfer if the board finds that strict adherence to the waiting period would create undue hardship for the individual seeking transfer of the permit.
(5) Persons requesting the transfer of a permit pursuant to subsection (1)(c) of this section shall provide to the department copies of documents or state registration for each vessel as proof of the length and ownership. [1979 c.613 §9; 1981 c.365 §3; 1983 c.797 §5; 1985 c.159 §1; 1987 c.912 §4; 1989 c.441 §1; 1995 c.602 §14]
508.825 Review of permit denial; rules; fee. (1) An individual whose application for renewal or transfer of the permit required by ORS 508.801 is denied by the State Department of Fish and Wildlife may make written request to the Commercial Fishery Permit Board for review of the denial. The review provided in this subsection is in lieu of any such review by the department or the State Fish and Wildlife Commission. The request shall be in such form and shall contain such information as the board considers appropriate. The request shall be accompanied by a nonrefundable fee of $75. Such fee shall apply toward the permit fee of successful applicants.
(2) In accordance with any applicable provision of ORS chapter 183, the board shall review denials of applications for renewal or transfer of permits. Orders issued by the board are not subject to review by the commission, but may be appealed as provided in ORS 183.480 to 183.540. The board may waive requirements for renewal or transfer of permits if the board finds that the individual fails to meet the requirements as the result of illness, accident or other circumstances beyond the individual’s control.
(3) In accordance with any applicable provision of ORS chapter 183, the board may promulgate such rules as it considers necessary to carry out its duties, functions and powers.
(4) The board may delegate to the department its authority to waive requirements for renewal or transfer of permits. [1979 c.613 §11; 1981 c.365 §4; 1983 c.797 §6; 1987 c.912 §5; 1989 c.940 §8; 1995 c.602 §15]
508.828 Single delivery license in lieu of vessel permit. Notwithstanding ORS 508.755, 508.801 to 508.825, 508.880, 508.883 and 508.889 to 508.910, subject to ORS 508.316, a vessel not having a permit may in an emergency and with the approval of the State Department of Fish and Wildlife land salmon by purchase of a single delivery license. [1981 c.365 §21; 1999 c.164 §3]
(Ocean Scallop Fishery)
508.840 Vessel permit required to engage in fishery; purchase of scallops by dealer from individual without permit prohibited. (1) Notwithstanding any other provision of the commercial fishing laws, it is unlawful for an individual to operate a vessel in the ocean scallop fishery without first obtaining a vessel permit issued pursuant to ORS 508.840 to 508.867.
(2) Notwithstanding any other provision of the commercial fishing laws, it is unlawful for a wholesaler, canner or buyer to buy or receive scallops taken in the ocean fishery from a vessel for which the permit required by subsection (1) of this section has not been issued.
(3) The permit required by subsection (1) of this section is in addition to and not in lieu of the boat license required by ORS 508.260. [1981 c.365 §25]
508.843 Use of single delivery license in lieu of permit; reciprocity of law. (1) Notwithstanding ORS 508.840, an individual who holds a valid scallop fishing permit required by or issued pursuant to the laws of the states of Washington or California may land scallops in this state that were taken in the ocean fishery without the permit required by ORS 508.840 if the vessel possesses a single delivery license referred to in ORS 508.285.
(2) This section remains operative only while laws or administrative rules in California and Washington are operative that contain, in substance or effect, provisions similar to the provisions of ORS 508.840 (1). [1981 c.365 §26; 1995 c.602 §16; 1999 c.164 §4]
508.846 Issuance of permits restricted. Except as provided in ORS 508.861, no new vessel permits shall be issued. [1981 c.365 §27; 1989 c.940 §9; 1995 c.602 §17]
508.849 Renewal of permit. An individual who obtained the permit required by ORS 508.840 for calendar year 1981 is eligible to obtain renewal of the permit in a subsequent calendar year, upon application by December 31 of the permit year and payment of the fees therefor, if during the preceding calendar year the vessel for which permit renewal application is made was used in the ocean fishery to take at least 5,000 pounds of food fish which were lawfully landed in this state. [1981 c.365 §28; 1995 c.602 §18]
508.852 Considerations in determining eligibility for permit. In making determinations regarding renewal of the permits required by ORS 508.840, the State Department of Fish and Wildlife 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. [1981 c.365 §29; 1989 c.940 §10]
508.855 Permit revocation procedure. The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a permit required by ORS 508.840 in the manner provided in ORS 508.485 and 508.490. [1981 c.365 §30]
508.858 Fee. The annual fee for the vessel permit required by ORS 508.840 is $75. [1981 c.365 §31; 1991 c.701 §14]
508.861 Lottery system for permit issuance; rules. The State Department of Fish and Wildlife may establish by rule a lottery system for issuing permits to vessels that do not meet the requirements of ORS 508.849. The department, by rule, shall determine the number of permits and the criteria for issuance. [1981 c.365 §32; 1989 c.940 §11a; 1995 c.602 §19]
508.864 Permit transfer restrictions. Notwithstanding any other provision of law, an ocean scallop vessel permit issued pursuant to ORS 508.840 to 508.867 may not be transferred to another vessel:
(1) Until the vessel for which the permit was issued has been used in the ocean scallop fishery for three or more calendar years to land at least 5,000 pounds of food fish annually.
(2) More than once in any 12-month period. However, the Commercial Fishery Permit Board may waive the waiting period if the board finds that strict adherence to the waiting period would create undue hardship for the individual seeking transfer of the permit.
(3) That is more than five feet longer than the vessel from which the permit is transferred. [1981 c.365 §33; 1995 c.602 §20]
508.867 Review of permit denial; fee; rules. (1) Notwithstanding ORS 508.755 (6)(b) and (c), an individual whose application for renewal of the permit required by ORS 508.840 is denied by the State Department of Fish and Wildlife may make written request to the Commercial Fishery Permit Board for review of the denial. The review provided in this subsection is in lieu of any such review by the department or the State Fish and Wildlife Commission. The request shall be in such form and shall contain such information as the board considers appropriate. The request shall be accompanied by a nonrefundable fee of $75. Such fee shall apply toward the permit fee of successful applicants.
(2) In accordance with any applicable provision of ORS chapter 183, the board shall review denials of applications for renewal of permits. Orders issued by the board are not subject to review by the commission, but may be appealed as provided in ORS 183.480 to 183.540. The board may waive requirements for renewal of permits if the board finds that the individual for personal or economic reasons chooses to actively fish the permit vessel in some other ocean fishery or if the board finds that the individual fails to meet the requirements as the result of illness, accident or other circumstances beyond the individual’s control.
(3) In accordance with any applicable provision of ORS chapter 183, the board may promulgate such rules as it considers necessary to carry out its duties, functions and powers.
(4) The board may delegate to the department the authority to waive eligibility requirements for renewal of permits. [1981 c.365 §34; 1989 c.940 §11; 1995 c.602 §21]
(Ocean Pink Shrimp Fishery)
508.880 Vessel permit required to engage in fishery; purchase of shrimp by dealers from individual without permit prohibited. (1) Notwithstanding any other provision of the commercial fishing laws, it is unlawful for an individual to operate a vessel in the ocean pink shrimp fishery without first obtaining a vessel permit issued pursuant to ORS 508.880, 508.883 and 508.889 to 508.910.
(2) Notwithstanding any other provision of the commercial fishing laws, it is unlawful for a wholesaler, canner or buyer to buy or receive pink shrimp (Pandalus jordani) taken in the ocean pink shrimp fishery from a vessel for which the permit required by subsection (1) of this section or the license required by ORS 508.883 has not been issued.
(3) The permit required by subsection (1) of this section is in addition to and not in lieu of the boat license required by ORS 508.260. [1979 c.613 §13; 1981 c.365 §5]
508.883 Use of single delivery license in lieu of vessel permit; reciprocity of law. (1) Notwithstanding ORS 508.880, an individual who holds valid commercial fishing permits required by or issued pursuant to the laws of the states of Washington or California to take pink shrimp may land pink shrimp in this state that were taken in the ocean pink shrimp fishery without the permit required by ORS 508.880 if the vessel possesses a single delivery license referred to in ORS 508.285. However, a single delivery license may be used to land pink shrimp only once in a 12-month period as established by rule of the State Fish and Wildlife Director.
(2) Subsection (1) of this section shall apply to a vessel registered under the laws of another state only while laws or administrative rules are operative in that state that contain, in substance or effect, provisions similar to the provisions of subsection (1) of this section. [1979 c.613 §14; 1987 c.912 §9; 1995 c.602 §22; 1999 c.164 §5]
508.886 Limitation on number of permits; eligibility. Notwithstanding any other provision of law, until the number of vessel permits required by ORS 508.880 reaches 235:
(1) For calendar year 1987, those persons who delivered pink shrimp by use of a single delivery license referred to in ORS 508.285 during calendar year 1986 are eligible to obtain a permit.
(2) For calendar year 1988, those persons who deliver pink shrimp from their own boats by use of a single delivery license referred to in ORS 508.285 during calendar year 1987 are eligible to obtain a permit, giving priority in the order of the date of delivery. [1987 c.912 §11]
508.889 Issuance of permits limited. Except as provided in ORS 508.904, no new vessel permits shall be issued. [1979 c.613 §15; 1989 c.940 §12; 1995 c.602 §23]
508.892 Renewal of permit. (1) An individual who obtained the permit required by ORS 508.880 for a particular calendar year is eligible to obtain renewal of the permit in a subsequent calendar year, upon application by December 31 of the permit year and payment of the fees therefor and upon obtaining the annual boat license referred to in ORS 508.285 not later than December 31 of each year.
(2) An individual who permanently loses the services of a vessel through capsizing, sinking, fire, collision or other catastrophic accident shall remain eligible to obtain a vessel permit for a replacement vessel for two years from the date of loss. [1979 c.613 §16; 1981 c.365 §6; 1985 c.453 §1; 1987 c.912 §8; 1995 c.602 §24; 1999 c.165 §1]
508.895 Considerations in determining eligibility for permit. In making determinations regarding renewal of the permits required by ORS 508.880, the State Department of Fish and Wildlife 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. [1979 c.613 §17; 1989 c.940 §13]
508.898 Permit revocation procedure. The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a permit required by ORS 508.880 in the manner provided in ORS 508.485 and 508.490. [1979 c.613 §18]
508.901 Fee; application form; rules. (1) The annual fee for the vessel permit required by ORS 508.880 is $75.
(2) Applications shall be in such form and contain such information as the State Department of Fish and Wildlife, by rule, may prescribe. [1979 c.613 §19; 1981 c.43 §2; 1987 c.912 §7; 1991 c.701 §15]
508.904 Lottery system for permit issuance. (1) Except as provided in subsection (2) of this section, if the number of permits renewed under ORS 508.892 falls below 150, the State Department of Fish and Wildlife shall issue permits by lottery systems for vessels that do not meet such requirements, first among those individuals who landed pink shrimp pursuant to a single delivery license referred to in ORS 508.285, and then among all other individuals making application therefor. However, the number of permits issued pursuant to any such lottery system may not increase the total number of permits issued beyond 150.
(2) The department shall consider a permit transferred to, purchased by or otherwise held by the federal government as a permit renewed under ORS 508.892. A permit transferred to, purchased by or otherwise held by the federal government is a permit under the limit of 150 permits established by this section. [1979 c.613 §20; 1981 c.365 §7; 1987 c.912 §6; 1989 c.940 §15; 1995 c.602 §25; 2001 c.235 §2]
508.907 Permit transfer restrictions. (1) The vessel permit required by ORS 508.880 is transferable:
(a) To a replacement vessel of the permit holder. A replacement is any vessel that is purchased for any reason to replace a vessel previously owned by and licensed to the permit holder;
(b) To the purchaser of the vessel when the vessel is sold; or
(c) 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.
(2) A permit may be transferred to a vessel of greater length only if that vessel is within 5 feet in overall length of the vessel from which the permit is being transferred. This provision does not apply if the permit is being transferred from one vessel owned by an individual to another vessel not exceeding 80 feet in length that is owned by the same individual.
(3) A permit may not be transferred to another vessel more than once in a 12-month period. However, the Commercial Fishery Permit Board may waive the waiting period if the board finds that strict adherence to the waiting period would create undue hardship for the individual seeking transfer of the permit. [1979 c.613 §21; 1981 c.365 §8; 1995 c.602 §26; 1999 c.165 §2] (continued)