.
-P
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IOREGONI
Summary
Summaryof
of Agenda
Agenda Item
Item
[9
Fish&W
Tide:
Commercial Dungeness Crab Limited Entry System
Aurmst 23.
23. 1995
1995
Date of
of Meeting:
Meeting: August
Date
Exhibit #
Principal
Principal Staff
Staff Person: Jim
limGolden
Golden
Phone:503-867-4741
Read
Read and
and Approved
Approved by:
by:
-
REDACTED FOR PRIVACY
Division
Division Chief:
Chiefi
Attorney General:
Director:
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
Date: 1
Date:
Date:
I
f
° I t
'7/ ic
7/zr/fr
Description
Description of
of Item:
Item:
This agenda
agenda item
item isis aabriefing
briefing on
oncommercial
commercial crab
crabfishery
fishery issues
issuesincluding
including the
the
creation of
of aa new
new ocean
oceanDungeness
Dungeness crab
crab fishery
fishery limited entry program by the 68th
68th
ODFW staff
staffwill:
will: (1)
(1) outline
outline administrative
administrative
the hearing
hearing ODFW
Legislature. At the
Oregon Legislature.
procedures for
for application
application and processing
processing of ocean
ocean Dungeness
Dungeness crab
crab limited
limited entry
entry
permits;
rules required
requiredto
to implement
the Act
permits; and
and (2)
(2) recommend
recommend rules
implement the
Act created
created by
by
HB
HI3 3094
3094 during
during the
the 68th
68thOregon
OregonLegislature.
Legislature.
Public
Public Involvement
InvolvementProcess:
Process:
Four Town
TownHall
Hall meetings
meetings were held
held in
in July:
July: July 5, Astoria; July 6, Newport and
and
Four
Charleston;
Charleston; July
July 19,
19, Newport.
Newport.
Supplemental Information
Information Attached:
Attached:
Supplemental
YesX
No___
Hearing Notice:
Yes X
No______
a
OREGON
IOREGONI
Summary
Summary of
of Agenda
Agenda Item.
Item -- page 2
Fish
Fish &
& Wildlife
W
Relationship to:
-
OIlS # HB
QS#
HB 3094
3094
Oregon revised statute
statute -
-
Oregon administrative rule -
OAR #
available to
to Commission:
Commission:
Options available
for summary.
summary.
See pages 2 and 3
3 of staff report for
Option recommended:____________________________________________________
recommended:
Option
o
Options with staff recommendation include
include
Options
3, and 4.
4.
issues 2a, 2b, 2d, 2e, 3,
))
))
Draft rules contain these
options.
options
Options
Options with no
no recommendation:
recommendation
la, 2c.
2c.
issues la,
))
))
Draft rules do not contain
language for these options.
options
Draft Motion:
move to adopt
adopt OAR
OAR63635-06-900
proposed by staff
staff (with
(with B.e
5-06-900 through 06-990
06-990 as proposed
I move
following
following changes).
changes)
-
NOTICE
NOTICE OF
OF PROPOSED
PROPOSED RULEMAKING HEARING
HEARING
(Statement of Need and F
Fiscal
iscal Impact must
must accompany
accompanythis
this form.)
form.)
Oregon
of Fish and Wildlife
Ore2on Department of
Fish Division
(DIVISION)
(DMSION)
(AGENCY NAME)
OAR CHAF'TERCHAPTER 635
OAR
TIME:
mkak
DATE:
DATE;
LOCATION:
LOCATION:
TIME:
T
IM&
DATE:
DME2
LOCATION
Eastern Oregon State
State College
Hoke Center
1410 L Avenue
LaGrande, OR
OR 97850
LaGrande,
97850
Themeeting
meetingbegins
beginsatat8:00
8:00 tnt.;
am.;however,
however,there
therewill
willbe
bemore
morethan
thanone
oneagenda
agendaitem.
item. An
Anagenda
agendawill
willbe
beavailable
available10
10
* The
days prior to the meeting showing the
the general
generalorder
orderin
inwhich
whichitems
itemswi
will
beheard.
heard. The
The agenda
agenda is
is available by
by writing
writing or
or
ll be
address below.
calling the address
8-23-95
8-23-95
*8:00 a.m.
*8:00
HEARINGS OFFICER(s):
STATUTORYAUTHOR1TY:
STATUTORY AUTHORITY: ORS
CHAPTER(s)
HOUSE
HOUSE BILL(s)
BILL@)
506.109. 506.119.
and 506.129
;or
LAWS 19 :
or
, OREGON LAWS
,19
,, or SENATE
SENATE BILL(s)
BILL@)
, 1 95
9 L LEGISLATURE
LEGISLATURE
,
3094-C
3094-C
ADOPT:
AMEND:
AMEND:
OAR Chapter 635.
06
05 and 06
635, Divisions 05
REPEAL:
El This hearing
hearing notice is
is the initial notice
notice given
given for
for this
this rulemaking
rulemaking action.
action
IEI
0 This
hearing
was
This
hearing
wasrequested
requestedbybyinterested
interestedpersons
personsafter
afteraaprevious
previous rulemaking
rulemaking notice.
El Auxiliary
Auxiliary aids
aids for persons with disabilities
disabilities are available
available upon advance
advance request.
lJ'AK'IE tè'C
SUMMARY:
crab fishery as mandated
in the ocean Dungeness crab
Establish a system for restricted participation in
by
Legislature through House Bill 3094-C.
by the Oregon Legislature
DATE PROPOSED
PROPOSEDTO
TOBE
BEEFFECTIVE:
EFFECTIVE::: 9-1-95
9-1-95
LAST DATE FOR
COMMENT:
FOR COMMENT:
8-23-95
COORDINATOR:
RULES COORDINATOR:
Jan Rami
Ragni (Agencv):
(Agency): Kav
Kay Brown (Staffl
(Staff)
Fish and Wildlife
Department of
Oregon Deoartment
of Fish
Box 59
59
P. 0.
0. Box
Portland.
Portland, OR 97207
97207
229-5400. Ext. 305
(503)_229-5400.
305 or Ext.
EX^. 354
(503
ADDRESS:
ADDRESS:
TELEPHONE:
TELEPHONE:
will also be
Interested persons
persons may
may comment
comment on
onthe
theproposed
proposedrules
rulesorally
orallyor
orin
inwriting
writingatatthe
thehearing.
hearing. Written comments
comments will
consiREDACTED FOR PRIVACYndicated
indicatedabove.
above.
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
Signature
Signatu;e //
SED 424
(Rev. 9/3193)
7Bgh5
Date
Date
STATEMENT
STATEMENT OF NEED AND
AND FISCAL
FISCAL IMPACT
IMPACT
BEFORE
THE FISH
BEFORE THE
FISH AND WILDLIFE COMMISSION
OREGON
STATE OF OREGON
OF THE STATE
In the Matter
Matter of
of the
the Amendment
Amendment
OAR Chapter
Chapter 635,
635, Division
Division
of OAR
55- Commercial
CommercialShellfish
Shelliish Fishery,
and Division
Commercial Gear;
Division 66-- Commercial
Records
Licenses, Poundage Fees, Records
and Reports
Reports
-
)
)
1)
))
)
)
)
)
)
)
STATUTORY AUTHORITY,
STATUTORY
STATEMENT OF NEED,
STATEMENT
PRINCIPAL DOCUMENTS RELIED UPON
PRINCIPAT,
ADVISORY COMMITTEE,
COMMITTEE,
ADVISORY
AND STATEMENT OF FISCAL IMPACT
1. C
Citationo of Statutory
506.119, and
1.
f
: Authority: ORS
ORS506.109,
506.109,506.119,
and506.129;
506.129;and
andBIB
HI3 3094-C,
1995 Legislature.
Legislature.
Needfor
forRules:
Rules:The
The
rules
areneeded
neededtotoimplement
implementthe
thelegislatively
legislativelyenacted
enactedvessel-based
vessel-based
2. Need
rules
are
permit system for the ocean
Dungeness
crab
commercial
fishery.
ocean Dungeness crab commercial fishery.
Documents Relied Unon:
3. Principal Documents
Upon:
Report prepared
Fish and
a. Staff
StaffReport
prepared for
for the
the August
August23,
23,1995,
1995,Oregon
OregonFish
andWildlife
WildlifeCommission
Commission
Meeting.
Meeting.
b. House
HouseBill
Bill3094-C,
3094-C,1995
1995Legislature.
Legislature.
in the
the Department
Department of Fish and
The above documents
documents are
are available for public inspection in
between
Wildlife, Fish
Fish Division,
Division, Third
ThirdFloor,
Floor, 2501
2501 SW 1st Avenue, Portland,
Portland, Oregon, between
8:00
8:00 a.m. and 4:30
4:30 p.m.,
p.m., on
on normal
normal working
working days,
days, Monday
Monday through
throughFriday.
Friday.
4.
4. Advisoxy
Tri-StateCrab
CrabCommittee,
Committee,comprised
comprised of
of industry
industry members and
Advisory Committee: Tri-State
scientists from the states
states of
of Oregon,
Oregon, Washington
Washington and
and California.
California.
5. Fiscal and Economic
Economic Impact:
Impact: See
5.
See attached.
attached.
Dated
this11Th
13th day of July, 1995.
1995.
Dated this
Oregon Department
of Fish
Fish and
and Wildlife
Wildlife
Department of
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
Signa
irector
Title
e
Economic Impact
Impact Statement for the
the August
August 23, 1995 Hearing in
in the
the Matter
Matter of
Fiscal and Economic
Rules Relating to Implementation of a Limited Entry System for Restricting Participation in the
Oregon Ocean Commercial Dungeness Crab Fishery
Fiscal and economic impact:
impact: The
The proposed
proposed rules
rules will
will affect state agencies, units of local
government and the public, respectively,
respectively, as
as discussed
discussed below.
below. House Bill 3094 (1995 Oregon
Legislature) requires
requires the
the Oregon
OregonFish
Fishand
and Wildlife
Wildlife Commission
Commission to
to establish
establish by rule aa system
system for
for
restricting participation in the Oregon ocean
ocean Dungeness crab
crab fishery.
fishery.
a. The
Theonly
onlystate
stateagency
agencywhich
which should
should be
be affected
affected by adoption
adoption of
of these rules
rules is the Oregon
Oregon
Department of
Wildlife (ODFW).
(ODFW). No significant
from the
the current levels of
of the
the
of Fish and Wildlife
significant changes from
department's operations or expenditures are expected as a result of the adoption of
of these
these rules.
expects to receive
permit fees ($75 per
ODFW expects
receive about $66,000
$66,000 in
in additional
additional commercial
commercial fishing permit
permitted vessel per year); however, 75 percent of the revenues must be transferred to the
the state
state
ODFWalso
also expects
expects to
to incur
incur initial
initial costs of about $9,500 to reprogram the
the
general fimd.
thnd. ODFW
and permit
permit system, and relatively modest
modest additional
computerized commercial
commercial fishing license and
Fishery Permit
Permit Board
Board in
in cases
cases where
where possible
possible denials
denials of
of
expenses for hearings of the Commercial Fishery
fishing permits
permits might
might be
be appealed.
appealed. (Note: 1183094
HB3094defines
definesthe
thepast
past performance
performance requirements
requirements
which harvesters will have
have to
to meet
meet to
to be eligible
eligible for
for aa permit.)
permit.) These additional costs were
legislature when House Bill 3094 was under consideration.
identified ttoo the legislature
b. No
N ounits
unitsof
oflocal
localgovernment
government are
are expected
expected to
to be
be affected
affected by these rules. No
Nosignificant
significant
changes from the current levels of any local agencies' operations
as aa
operations or expenditures are expected as
adoption of
of these
these rules.
rules.
result of the adoption
c. The
Thepublic
public could
could be
be affected
affected by the adoption of these rules: Most
Most of
ofthe
the significant
significant restrictions
permit qualification requirements,
requirements, are
are specified
specified in
inthe
the legislation.
legislation. A
on participation, including permit
number of details remain to be considered during rulemaking. The
Thefollowing
following have
have been
been identified
identified
by ODFW staff
rule development:
development:
staff as
as issues
issues that
that may
may need
need administrative
administrative rule
Anni~alperniit
reneulal requirement
reqiiirenient.InInaddition
additiontotothe
the$75
$75annual
annualfee
feespecified
specifiedin
in the
the
(1) Annual
permit renewal
statute,
statute, there
there may
may be
be consideration
consideration of
of an
an annual
annual landing
landing requirement (e.g.,
(e.g., permit
permit holders
holders
may be required to land a certain number of pounds of
of crab
crab or
or food
food fish
fish annually
annually to be
be
eligible to renew the permit).
(2) Permit
Perniitapplication
applicatiotideadline.
deadline.ODFW
ODFWmay
mayconsider
considerestablishing
establishingan
an application
application
deadline for those wishing
wishing to
to obtain an annual
annual permit.
permit. The
The 1995-96
1995-96 crab
crab fishing
fishing season is
expected to
to open
open on
on December
December 1,
1, 1995.
1995. Only
Onlythose
thoseharvesters
harvesterswith
withlimited
limitedentry
entrypermits
permits
will be able to go crabbing effective
effective on
on that
that date.
date. Typically
Typically for other permit fisheries the
deadline is December
December 331
(the end) of the permit
permit year.
year. In
1 (the
In this
this transition situation,
situation, ODFW
ODFW
may propose that applications
applications received after December 31, 1995
1995will
will apply
apply to
to 1996
1996
permits (rather than 1995
1995 permits). The
Theannual
annualpermit
permit application
application deadline
deadline would be
3 1 of
of the permit
permit year, thereafter.
December 31
(3) Reciprocal
?fornia. HB3
094
Reciprocalagreements
agreementswith
withthe
thestates
statesof
ofWashington
Washingionand
andCal
Califortiia.
HB3094
contained provisions for reciprocity for crab permit holders in our neighboring states,
similar privileges are extended to Oregonians wishing to
provided similar
to fish in the
the waters off
states. Rules
Rulesmay
maybe
beconsidered
consideredthat
thatspeci&
specifyhow
howthis
this reciprocity
reciprocity will
will be
those states.
accomplished.
accomplished.
for individuals
who retain
retain crab
crabfishing
fishing right
right to
to aa sold
sold vessel,
vessel,atid
and
(4) Requirements
Requirenientsfor
indi~~iduals
u~ho
permit
perniit transfers.
tratisfrs. Among
Amongthe
thethings
thingsthat
thatmay
maybe
beconsidered
considered are
are several
several details
details related to
to
the sale
sale of
of vessels and associated transfer or retention of
of permits
permits that
that are
arenot
notspecifically
specifically
addressed in the law. Considerations
Considerations are
are expected
expected to
to include
include how
how permit
permit transfers
transfers should
should
restricted; paperwork
paperwork and
and legal
legal requirements
requirements specific
specific to permit
permit transfers;
transfers; and,
and, time
time
be restricted;
restrictions for
for completing
completing aa transfer.
restrictions
((5)
5 ) Vessel
Vessel modication.
mod~jcation.
Considerationmay
maybebegiven
giventotothe
theissue
issueof
ofwhether
whether there
there should
should
Consideration
similar to transfer restrictions applied
applied to permit holders
holders who
who wish
wish to
to
be restrictions similar
increase the length of
of their vessels.
((6)
6 ) Replacement
~ e ~ l a c e m eof
of
n taa lost
lost vessel
vessel and
and subsequent
subsequentpermit
restriction may
may be
be
permit transfer. AArestriction
considered limiting
limitine the time in which
which a vermit
permit mav
may be transferred to a replacement
reolacement vessel
vessel
to sinking, fiie,
fire, or
or other causes.
acquired to replace
repla& a vessel lost due tosinking,
Adoption of
rules pertaining
pertaining to
to any
any of
of these
these issues
issues could
could have
have an
an economic
economic impact
impact on
on those
those
of rules
who are
are qualified
qualifiedto
toget
get aa crab
crab vessel
vesselpermit.
permit. (Enactment of the law essentially
individuals who
essentially
to the
the fishery
fisherv by those who have ndt
Potential
precluded open access to
not participated historically.) Potential
hrovisions that impose
impose deadlines, increase requirements for renew&
flexibility with
provisions
renewal, or restrict flexibility
to permit
permit transfer
transfer or
orvessel
vesselmodification
modification could
could effectively
effectively increase costs or
or reduce
reduce potential
potential
regard to
or fi.iture
future permit value for specific eligible
For example,
example,aasignificant
significantannual
annual
revenues or
eligible harvesters.
harvesters. For
to remain
remain in the crab
crab fishery in a given year ttoo meet
landing requirement could force harvesters to
the requirement when higher profits could be made in another fishery.
It is not possible
behavioral responses
responses to
to
possible with
with available
available information and understanding of possible behavioral
project how
potentially
eligible
harvesters
will
be
affected.
Nor
do
we
know
how
many
people
how
harvesters will be affected.
how many
would be affected by rules associated with each issue.
issue. Effects
Effects may not occur
occur at
at once,
once, but
but may
may be
be
felt over a period of
of years,
years, because
because (for
(for example)
example) permit
permit renewals
renewals and
and transfers
transfers will
will presumably
be occurring into the foreseeable
However, the
the overall
overall purpose of
of the law and these rules
foreseeable future. However,
promote the
theeconomic
economicwell-being
well-being of
of the
the crab
crab industry
industry by
by protecting
protecting the
the ability
ability of
of those
those who
who
is to promote
have historically participated in the fishery,
fishery, and to prevent an excessive concentration of fishing
through the
the restriction
restrictionof
ofnumbers
numbersof
ofparticipants
participantsand
andvessels
vesselsin
in the
thefishery.
fishery.
effort and harvesters, through
The rules are believed to be
be fully
hlly compatible with legislative direction on the goals
goals of
of fish
fish and
and
Oregon.
wildlife management in Oregon.
Most businesses
businesses affected
affected by
by these
these rules
rules are
arebelieved
believed to
tobe
be"small
"smallbusiness."
business."
Dungeness Crab
Staff Report Ocean Dungeness
Crab Limited
Limited Entry
Entry
-
*
Summary
Report
Summarv of Staff R
e~ort
The public hearing on August 23 isis implementation
implementation of an ocean
ocean Dungeness
Dungeness crab
crab fishery
fishery
limited entry program
19 and 506.129 and consistent with
program pursuant to ORS 506.109, 506.1
506.119
the program
program created
created by
by the
the68th
68thOregon
OregonLegislature
Legislature(BIB
(HI3 3094-C).
3094-C). At the
the hearing
hearing
will: 1) outline
outline administrative
administrative procedures
ODFW staff will:
proceduresfor
for application
applicationand
and processing
processing of
of
ocean
ocean Dungeness
Dungeness crab limited
limited entry
entry permits;
permits; and
and 2) recommend
recommend rules
rules required
required to
implement the Act.
crab catch has
has been
been stable
stable with
with annual
annual landings
landingsbetween
between77 to
to 10
Recent Dungeness
Dungeness crah
10
million pounds.
The 1994-95
1994-95season
season is
is higher
higher than average with more than 14
14million
million
pounds. The
pounds
landed to date.
date.
pounds landed
Administrative Rule
required to implement
implement Oregon's
Oregon's ocean
ocean
Oregon Administrative
Rule changes
changes are
are required
Dungeness crab
Dungeness
crab limited
limited entry
entry program.
program.
Staff recommends
recommends administrative
administrative procedures
processing applicants
applicants for ocean
ocean
procedures for processing
Dungeness crab
crab season.
season.
Dungeness
crab fishery
fishery permits for the upcoming 1995-96 crah
Staff
administrativerule
rulechanges
changestoto establish
renewal and
and transfer
Staff recommends
recommends administrative
establish renewal
transfer
including options for minimum
minimum landing
landing requirements,
limits on vessel
vessel
requirements including
requirements, limits
length modifications,
modifications, and
and time
time limits
limits for
for replacing
replacing a lost
lost vessel.
vessel.
length
Public testimony
during a series
series of
of 44 townhall
townhall meetings
meetings
testimony was
was taken
taken on
on these issues during
conducted in
July.
Concerns
were
expressed
about
the
time
restriction
(60
months)
in July. Concerns were expressed about the
months)
placed on transfers
the ownership
ownershiphistory
history of
transfers of
of permits,
permits, establishing
establishing the
of vessel
vessel licenses
licenses
required under
provision of
Act, application
application for
permit when
when rights to
required
under one
one provision
of the
the Act,
for aa permit
in the
the fishery
fishery were retained
retained but
but the
the qualif3ring
q u a l i n g vessel
participate in
vesselwas
was sold,
sold, and public
notification of
of the
the limited
limited entry
entry program
program
1
Outline of Staff Reuort
Report
Introduction
I.
3094-C created by 68th Legislative session and the
Describes FIB
HB 3094-C
need for action.
action.
II.
11.
Background
Details Dungeness
Dungeness crab fishery history, history of management, and development
development
of limited entry programs.
III.
I
I
I
.
Statutory Framework
criteria and
and statutory provisions for
3094-C qualification criteria
Describes
Describes FIB
HI3 3094-C
creating
creating and
and administering
administering a limited entry program for the ocean
ocean
Dungeness
including reciprocity
reciprocitybetween
between states
states and
and the
the report
report to the
Dungeness crab
crab fishery, including
the
next legislative
legislativesession
sessionrequired
requiredby
by the
thebill.
bill.
IV.
Other
Other Provisions
Provisions for Participation:
Participation:
Staff Analysis of Issues and Options-Recommendations
Details
Details of
of issues
issues and
and options
optionsfor
for Commission
Commission consideration
consideration emergthg
emerging
ocean Dungeness crab limited entry program
FIB 3094-C,
3094-C, ocean
from HB
I.ww 1:I :Oilier
Issue
OrherPr,ni.swn.s
Provisionsfur
fur Piflicij'atiun
Participation-- A.ICTI()"s
CTION
l.a.
1.a. Annual
AnnualRenewal
Renewal Requirement
Reauirement
Option 1:
Option
1:Require
Require a (500),
(SOO), (1,000),
(1,000), oror(2,500)
(2,500)pound
poundlanding
landing of
of ocean
Dungeness
greater than
Dungeness crab as an annual
annual permit
permit renewal requirement for vessels greater
26 feet in length. Require
Requireaa 100
100pound
pound annual
annual landing requirement of ocean
Dungeness crab
crab for
for permit
permit renewal for vessels 26 feet and under. Timely
Dungeness
application is also required under this option.
option.
Option 22Limit
Option
Limitrenewal
renewalrequirements
requirementsto
to timely
timely application.
application
-
Issue 2: Transferability ACTION
Restrictionson
on Len2th
Length and
and Length
Length Determination
Determination
2.a. Restrictions
define length overall
overall as
(Preferred): Adopt rules to define
Option 11 (Preferred):
as the length of aa
vessel for permitting purposes.
Option
Option 2:
2: No
Noaction.
action
2.b. Transfer
TransferofofaaPermit
PermittotoaaSmaller
SmallerVessel
Vessel
Option
(Preferred):Require
Requirelength
lengthrestrictions
restrictionslimiting
limitingincreases
increases to 10
10feet
feet no
no
Option 11 (Preferred):
matter what
what the
the history
history of
ofthe
the original
original permit.
permit.
matter
Option 2: Allow
Allow future
i e d to
fUturepermit
permittransfers
transferstotobe
be llinked
to the
the vessel
vessel size of the
smaller vessel.
original permit, even if the original permit is transferred to aa smaller
i.e. Other
2.c.
OtherRequirements
Reauirementsfor
forTransfer
Transferof
of aa Permit
Require aa (500),
Option 1:
Option
1: Require
(500), (1,000),
(1,000), or (2,500)
(2,500) pound
pound landing
landing of ocean
ocean
Dungeness crab
crab in each of two fishing seasons within a 60-month period preceding
for vessels
vessels greater
greaterthan
than26
26feet
feet in
in length.
length. Require a 100
permit for
100
the transfer
transfer of a permit
pound landing of ocean Dungeness crab
fishing seasons
seasons within aa
crab in
in each
each of two fishing
60-month period preceding the transfer of a permit for vessels 26 feet
feet and under.
Option2:
2:Place
Placenonolanding
landingrequirement
requirementfor
fortransfer
transferof
ofaapermit.
permit.
Option
24. Transfer
2.d.
TransferofofaaPermit
PermittotoaaReplacement
RevlacementVessel
Vessel
(Preferred): InInthe
thecase
caseofofvessel
vesselloss,
loss,allow
allow the
the vessel
vessel owner
owner up to
Option 11 (Preferred):
two years
to
transfer
the
ocean
Dungeness
crab
fishery
permit
to
a
years transfer the ocean Dungeness crab fishery permit
a replacement
replacement
vessel. Allow
Allow the
the Permit Board to delegate
delegate authority to the Department to waive
the
60-month constraint
constraint on
on permit
permit transfers.
transfers.
the 60-month
the case
case of
ofvessel
vessel loss,
loss, rely
rely on
on Permit
Permit Board
Board review
review of
of permit
permit
Option 2: In the
vessels for
for vessel
vessel owners
owners seeking
seeking aa transfer
transfer sooner
sooner than
transfers to replacement vessels
60 months after the last transfer, or initial issuance.
issuance. Place no limit on time required
to transfer
transfer aa permit
permit to
toaareplacement
replacementvessel.
vessel.
to
Issue3:3:Amendment
Amendment Ia
to ORS
920 and
ORS 5061
508.920
and the
the Commercial
CommercialFishery
Thhery Permit
Permit Board
Board -. Issue
ACTION
ACTION
Allow the
delegate authority
authority to
the Permit
Permit Board
Board to delegate
to the
Option 11 (Preferred):
(Preferred): Allow
Department to waive
eligibility
requirements
for
ocean
Dungeness
crab
fishery
waive eligibility requirements for ocean Dungeness crab fishev
permits under certain
certain circumstances.
circumstances.
Option
Option 2:
2: No
NoAction.
Action.
-
Issue 4:
4: Vessel
VesselLen
Length
Modification
jflcation - ACTION
ACTION
issue
gilt Mod
modificationsininlength
lengthtoto 10
10 feet
feet for each
Restrict modifications
each
Option I1 (Preferred):
Option
(Preferred): Restrict
60-month period.
period.
60-month
Option
2:Make
Makenonorestrictions
restrictionson
onmodification
modificationof
ofvessel
vessel length.
length.
Option 2:
V.
Public Involvement
Involvement
Public
Summary of public comments
comments from
fiom townhall meetings.
meetings.
Summary
VI.
References
4
DungenessCrab
Crab Limited
Limited Entry
Entry
Staff Report on Ocean Dungeness
I. Introduction
Introduction
Pursuant to
to ORS
Pursuant
ORS 506.109,
506.109, 506.119
506.119 and
and 506.129,
506.129, the
the Oregon
Oregon Fish
Fish and
andWildlife
Wildlife
Commission
has the
the authority
authority to create aa limited
limited entry system
system for the
the Dungeness
Dungeness crab
crab
Commission has
recently enacted
enacted HI3
HB 3094-C,
3094-C, which
which directs
directs the
fishery.
addition, the Legislature
Legislature recently
fishery. In addition,
The overcapitalized
state of
of the fishery,
Commission
to establish
Commission to
establish such aa system.
system. The
overcapitalized state
fishery, the
pressures
economic destabilization resulting from excess fishing
fishing effort,
effort, and the additional pressures
expected because of Oregon's fishery
being one of the only remaining
remaining on
on the west coast
expected
fishery being
coast
open access
accesshave
have made
made this
this an
an appropriate
appropriatetime
timeto
toestablish
establishthis
thissystem.
system.
with open
fishery described
described in
inthis
this report
report is consistent with
The ocean Dungeness crab limited entry fishery
the provisions
provisions of HB
HB 3094-C,
3094-C, as
as well
well as
as the
theCommission's
Commission's authority
authority under
under existing
existinglaw.
law.
For purposes
describingspecific
specific provisions
provisions of the sytem, the requirements
requirements of
of FIB
HB 30943094purposes of
of describing
and 506.109 do not provide
C will
will be referred to, since
since ORS 506.119,
506.119, 506.129 and
provide specific
specific
provisions of aa crab
crab limited
limited entry
entry system.
system
is authorized
authorized to
to add
add other
other provisions
provisions for
for participation
participationthat
that are
are considered
The Commission is
appropriate and must appoint
appoint representatives
representatives for the Permit Review Board and
and develop
develop
necessary to
to implement
implement the
the Act.
Act. Participants
rules necessary
Participants under the new system must quali
qualify for
to harvest ocean Dungeness
Dungeness crab
crabDecember
December 1,
1, 1995.
1995. FIB
and obtain a vessel permit to
HB 30943094C specifies
specifies the
the framework
framework for
for aavessel-based
vessel-based permit
permit system,
system,including
including qualification
qualification
requirements for
requirements
for initial
initial eligibility,
eligibility, permit transfers and fees.
The report below
below is
is divided
divided between
between background,
background, the
the statutory
statutory framework,
framework, and
and other
provisions to
to be
be developed
developedby
by the
the Commission.
Commission.
II.
11. Background
Background
History of Fishery
Fishery and Management
Management
The Oregon fishery
for Dungeness
Dungeness crab
crab dates
datesback
backto
to before
before 1889.
1889. Modem
fishery for
Modemcrabbing
crabbing
began
World War
War III1when
whenlandings
landings reached
reached 10
10million
million pounds.
pounds. Catches have
have
began after World
1990). During
During the last 20
20
fluctuated since then, averaging
averaging 9 million
million pounds (Demory, 1990).
years,
Most vessels
vessels
years, effort has increased
increased as
as larger
larger more
more modem
modemboats
boats entered
enteredthe
the fleet.
fleet. Most
currently use
deploying up
This staggering
staggering amount
amount
currently
use 300 to 600 pots with some deploying
upto
to 1,400.
1,400. This
effort and
and fishing
fishing gear has compressed
compressed the
majority of crab
crab is
is
of effort
the season
season such
such that
that the majority
Effortduring
during the
the 1994-95
1994-95season
seasonhas
has been
been higher
higher than
than
landed within a two month period. Effort
average with 396
396 vessels
vessels participating
participating using an estimated
estimated 113,000
113,000 pots.
pots. 14.5
14.5 million
million
of crab
crab have
have been
been landed
landed to
to date,
date, with
with aa record
record value
valueof
of $24
$24million.
million.
pounds of
5
managed by
by size, sex, and seasonal
Since 1948, Oregon ocean Dungeness crab have been managed
seasonal
Only 6 1/4
114 inch
inch male
male crab
crab may
may be retained
retained in
in the
the fishery.
fishery. Seasons have
restrictions. Only
restrictions.
Washington, Oregon,
Oregon, and
and California
Californiahave
have endeavored
endeavored to
to have a
varied
the years.
years Washington,
varied over the
uniform season opener on December
December 1 of
of each
eachyear.
year. Oregon and California's seasons last
August 14
14while
while Washington's
Washington's extends
September 14 each
each year.
year. The
through August
extends through
through September
summer
fishery in Oregon is limited
sumner fishery
limited to
to ten
ten percent
percent of
of the
theDecember
Decemberthrough
through May
May catch,
catch, to
to
protect
protect softshell
softshell crab.
crab.
Limited
Limited Eniry
Entry
The Tn-State
Tri-StateProcess,
Process,SB
SB911,
911,and
andBIB
H B 3094
formed in
in 1990 by Pacific States Marine
The Tn-State
Tri-State Dungeness
Dungeness Crab
Crab Committee
Committee was formed
Fisheries Commission
to review
review Dungeness
Dungeness crab fishery management
Comnission to
management issues and problems
and identif'
identifypossible
possible solutions
solutions for
for the
thefishery
fishery off
offWashington,
Washington, Oregon,
Oregon, and
andCalifornia.
California.
License
The Committee is composed of crabbers, processors,
processors, and
and agency
agency representatives
representatives. License
moratorium/limited entry was identified
identified as one of the major issues needing attention
moratoriudimited
attention as
as the
the
ocean Dungeness crab
was poised
poised to receive
crab fishery,
fishery, already
already overcapitalized
overcapitalized was
receive additional
additional
effort from those
those vessels
vessels excluded from the newly adopted West
West Coast
Coast groundfish
groundfishlimited
limited
entry plan.
plan. Accordingly, Oregon and Washington adopted vessel
vessel participation
participation eligibility
eligibility
14, 1991
1991and
and September
September 14,
14, 1991,
1991, in
in anticipation
anticipation of future limited entry
dates of August 14,
systems. California's
California's Assembly
Assembly adopted
adopted aa broad based commercial
systems
commercial license moratorium
1995 and Washington adopted
adopted aa vessel based limited entry system
system effective
effective
effective April 1995
1995 Oregon
Oregonattempted
attemptedtotoadopt
adoptaafishing
fishingvessel
vessel based
based limited
limited entry
entry system
system
January 1, 1995.
1993Legislative
Legislative session
session with SB
SB 911.
911 The bill
bill died in
in committee
committee leaving
leaving
during the 1993
open to
to additional
additional effort.
effort.
Oregon open
Since
August 14,
14, 1991
1991 eligibility
eligibility date,
Since the
the adoption of the August
date, more
more than
than 200 vessels have
become
participants in
in the
the fishery.
fishery. The Oregon
picked up
up the issue of
become new participants
Oregon Legislature
Legislature picked
limited entry
limited
entry again
again during
duringthe
the 1995
1995 Session
Sessionwith
withthe
theintroduction
introductionofofHI3
FIB3094.
3094. A
A series
series of
of
legislative
committee meetings
meetings and
and intense
legislative committee
intense negotiating
negotiating sessions
sessions among
among those
those having
having
interests in the Oregon
resulted in
in the
the adoption of RB
Oregon Dungeness
Dungeness crab fishery
fishery resulted
HE3 3094-C.
3094-C.
The Statute
Statute amends
amends ORS
ORS 508.920
508.920 to
to provide
provide for
for representation
representation on
on the
theCommercial
Commercial
Fishery Permit Board.
111.BIB
ECB3094-C
3094-CPermit
PermitOnalification
Oualification Criteria
Criteria
IlL
requires individuals to
Dungeness
The Act requires
to obtain a permit
permit to
to operate a vessel in the ocean Dungeness
crab fishery
fishery and
prohibits aa wholesaler,
wholesaler, canner,
receive ocean
ocean
crab
and prohibits
canner,oror buyer
buyertoto buy
buy or receive
Dungeness crab taken in the ocean fishery
fisheryfrom
fromaavessel
vesselwithout
withoutaapermit.
permit. Those vessels
initially qualifying for
for aa permit
permit under
under Section 4 of the Act include (paraphrased):
(paraphrased):
(a)
for calendar
calendar years
years 1991
1991 through
through 1994 that
that were used in
(a) vessels
vessels continuously
continuously licensed
licensed for
in
Dungeness crab fishery to
of crab
crab in
in
the ocean Dungeness
to land into
into Oregon
Oregon ports
ports at least 500 pounds of
two
fishing
seasons
between
December
1,
1988,
and
December
31,
1994;
two fishing seasons
1, 1988,
December
1994;
(b) aa vessel
vessel under
under construction
construction between December 1, 1988, and August 14, 1991,
1991, for
for the
the
(b)
of ocean
ocean Dungeness
Dungeness crab
crab fishing,
fishing, landing
Oregon
purpose of
landing at
at least
least 500 pounds
pounds of crab in Oregon
during two
two crab
crab fishing
fishing seasons
seasons between
between December
December 31,
ports during
December 1,
1, 1988, and December
1994, and were licensed as an Oregon
Oregon vessel from the date
date of
of completion;
completion;
ocean Dungeness crab fishery
(c) a vessel used in the ocean
fishery to
to IawfUlly
lawfully land
landinto
into Oregon
Oregon ports at
pounds of
of ocean
ocean Dungeness
Dungeness crab in each of two crab
crab fishing
fishing seasons between
least 500 pounds
1991, and
and December 31, 1994,
1994, owned by
to December
December
December 1, 1991,
by a person who, prior to
31, 1994, sold a vessel that
that was
was used
used prior
prior to
to sale
sale to
to land
land at
at least
least 500
500 pounds
pounds of crab in
each of two crab
crab fishing seasons between
1, 1994, and
between December
December 1,
1, 1988,
1988, and
and December
December 331,
as aa condition
condition of
ofsale,
sale,retained
retained the
the sold
sold vessel's
vessel's commercial
commercial fishing
fishing rights to fish
fish for
for
who as
crab;
crab;
(d) aa vessel
vessel licensed
licensed continuously between calendar
calendar years
years 1991
1991 through
through 1994, used in the
Ocean Dungeness crab fishery
a f i l l y land
fishery to
to llawfully
landinto
intoOregon
Oregonports
ports at
at least
least 10,000 pounds
of crab in one fishing season
season between
between December
December 1,
1, 1988,
1988, and
and December
December 31,
31, 1994, and the
owner
vessel on
on December
December 31, 1994,
1994, demonstrates
demonstrates possession
more
owner of the vessel
possessionof
of one
one or more
vessel licenses
10 separate
separate years
years during
1980, to
vessel
licenses in
in each
each of
of 10
during the
the period
period December
December 1,
1, 1980,
3 1, 1994;
1994, or
December 31,
(e) a vessel licensed
licensed during
during 1994,
1994,isis26
26 feet
feet or
or less
less in
in length
length and
and was
was used
used in
in the crab
100 pounds of ocean Dungeness
fishery to land at least 100
Dungeness crab
crab into
into Oregon
Oregon ports
ports in at least
one season
season during
during the
the period
period December
December 1,
1, 1988,
1988, and
and December
December 31,
31, 1994.
1994.
records, approximately
approximately 364
provision (a),
(a),
From Department records,
364 vessels
vessels may
may qualify
qualiI' under provision
between
(d), and 41
between 16-31
16-31 vessels
vessels under provision
provision (d),
41 vessels
vessels under
under provision
provision (e).
(e). An
undetermined
number
may
qualify
under
provisions
(b)
and
(c)
or
may
qualify
after
undetermined number may qualify under provisions (b) and (c) or
qualify after
successful appeal before the
the Permit
Permit Review Board.
Board.
7
Eligibilitv Reauirements
Initial Eligibility
Requirements
provided for
for in
in Section 4 of the Act, the
Using the criteria provided
the Department
Department will
will identi&
identify and
notlfy those qualified
qualified for an ocean Dungeness crab
noti1'
crab fishery
fisherypermit.
permit. Under Section 4 (d), a
of vessel
vessel ownership
ownershipand
and licensing
licensing will be required.
required.
history of
In the case
case of
of those
thoseindividuals
individuals retaining rights to the
the ocean
ocean Dungeness
Dungeness crab
crab fishery
fishery and
and
seeking
to transfer
those rights
seeking to
transfer those
rights to another
another vessel,
vessel, the
the Department
Department will
will provide
provide for
application and transfer
transfer to
to aa qualified
qualified vessel
vessel meeting
meeting size
size restrictions.
restrictions.
All others making landings of crab during the 1994-95
1994-95 season
seasonwill
will be sent
sent letters
lettersindicating
indicating
eligible for a permit.
However, the
the Department
Department encourages
encouragesthese
these individuals
individuals
they are not eligible
permit. However,
to apply
apply for a permit
permit nevertheless,
nevertheless, so
hearing before
before the
so that
that they
they will
will have
have access
iccess to aa hearing
Permit Review Board.
Application Deadline and Permit Issuance
House Bill 3094-C requires the Commission to
to implement
implement aa limited
limited entry
entry program
program for
for the
the
ocean Dungeness crab fishery which begins
begins December
December 1,
1, 1995. Sufficient
Sufficient time is required
application, review of permit
addition, those
for application,
permit applications,
applications,and
andissuance
issuanceof
ofpermits.
permits. In addition,
persons whose applications
are denied
denied may
may wish
wish to
to appeal
applications are
appeal the denial before the Permit
Permit
Review
Board. The
will make applications available
available by
by September 1, 1995.
Review Board.
The Department
Department will
1995.
Under the proposed
be received
received before
before December
December31
proposed rules
rules permit applications must be
3 1 of
of the
the
permit
permit year. Renewal
Renewaldeadlines
deadlines are
are consistent
consistent with
with House
House Bill
Bill 3444
3444 which
which stipulates
stipulates aa
limited entry
entry fisheries.
fisheries. Permits
Permits
December 31
3 1deadline
deadlinefor
for permit
permit application
application in
in other limited
applied
1996 permit year
applied for
for and
and received
received in
in 1995 would
would not
not have
have to
to be renewed
renewed for
for the 1996
and would be good for both 1995
1995 and
and 1996,
1996, consistent
consistent with
with the
the fee
fee waiver
waiver described
described in
in
section.
the next section.
of $75
$75 Annual
Fee in
in 1995
1995
Waiver of
Annual Fee
The act waives the $75
$75 annual
annual fee
fee to
to participate
participate in
in the
the ocean
oceanDungeness
Dungeness crab
crab fishery
fishery in
in
1995 will
will be for
for the
theperiod
periodDecember
December 1,
1, 1995 through
through
1995.
Permits issued
issued in
in 1995
1995. Permits
December31,
December
3 1, 1996.
1996.
eciprocity Between States
Reciprocitv
States
(3) provides
provides for
for reciprocal
reciprocal border
border agreements
agreementswith
with Washington
Washington and
and California
California
Section 6 (3)
providing access to Washington
Washington and
and California
California vessels qualified
qualified under their state
state limited
limited
is provided
provided for Oregon
Oregon permitted
permitted
entry programs
programs ifif equal
equal access
access to
to their state waters is
vessels. Washington
Washington State
State statutes contain
contain language
language defining qualified
qualified Oregon
Oregon
vessels.
Columbia River
degrees
participants eligible
eligible to
to fish
fish north
north of the Columbia
River and
and south
south of latitude 46 degrees
thirty minutes
minutes north
and inside
inside of 33 miles.
miles. Outside
Outside of the
the Oregon
Oregonvessels
vesselsinitially
initially
thirty
north and
qualifying
qualifying for
for Washington's
Washington's limited
limited entry program,
program, only 5 additional vessels are known to
qualif3iunder
underWashington's
Washington's provisions
provisions for reciprocity.
qualify
Jurisdictional
issuesrelated
relatedtoto the
the state's
of state
Jurisdictional issues
state's authority
authority and
and possible
possible extension
extension of
state
authority beyond three miles under re-authorization of the Magnuson
Magnuson Act complicate these
Staff
recommends
no
action
until
Washington,
Oregon, and
agreements.
agreements.
and California
California have
have
had sufficient
sufficient opportunity
opportunity to
to discuss
discuss reciprocity.
reciprocity Additional background information on
on
this issue may be provided at the August
August 23
23 Commission
Commission meeting.
Reoort Required
Requiredtoto69th
69thLe2islative
Leeislative Assembly
Assembly
Report
Section 7 of the
the Act
Act requires
requires the
the Department
Department to report
report to
to the
the69th
69thLegislative
Legislative Assembly
Assembly
on the
the number
number and
and vessel
vessel characteristics
characteristics of
of vessels
vessels participating in the ocean
ocean Dungeness
Dungeness
fishery. Included
Included in the report
report will
will be
be information
information regarding
regarding transfers
transfers of
of permits
permits
crab fishery.
authorized by
by the
the Act
authorized
Act and
and actions
actions of
of the
theCommercial
Commercial Fishery
Fishery Permit
Permit Board,
Board, and
and
recommendations
structure, and
and implementation
implementation of a permit
recommendations regarding the need, feasibility,
feasibility, structure,
program sponsored
sponsoredby
bythe
thefishing
fishingindustry.
industry.
buy-back program
The number
number of
of permits
permits initially
initially issued in most limited entry programs usually exceed
exceed the
the
pennits issued
annual numbers of boats participating.
participating. It is anticipated
anticipated that the number of permits
in the ocean
will exceed
exceed current
current average
average annual
annual fleet
fleet size
size of
in
ocean Dungeness
Dungeness crab fishery
fishery will
but not
not exceed
exceed the
the maximum
maximum historical
in 1980.
1980
around 400 boats, but
historical feet
feet size
size of 519 boats in
Permit reduction can
requirement for permit
can be
be accomplished
accomplished through the use of a landing requirement
or transfer,
transfer, and/or
and/or through
through aabuy-back
buy-back program.
program. The Department and the fishing
renewal or
industry need to develop
optimumfleet
fleetsize
sizeand
andthe
thepotential
potential of
of aa
industry
develop criteria for determining
determining optimum
buy-back program to
to accomplish
accomplish this.
this
IV. Other
OtherProvisions
Provisions for
for Participation
Participation
Staff Analysis of Issues and Options-Recommendations
The Commission
Commission may
provisions for participation
participation in the ocean
ocean Dungeness
Dungeness
may adopt
adopt other provisions
considers appropriate.
appropriate. Other limited entry programs have requirements
requirements
crab fishery as itit considers
for qualification, renewal
renewal of permits,
permits, and
and transfer
transferof
of permits
permitsto
to replacement
replacementvessels
vesselsor
or to
to a
vessel owner. Through
we reviewed a range of issues
new vessel
Through aaseries
seriesof
of public
public workshops,
workshops, we.
for
for Commission
Commission consideration. The
Thefollowing
following section
section deals
deals with
with these
these issues
issues and
and options.
options.
Public comments
are
summarized
in
section
V
of
this
report.
comments are summarized
9
Issue I: Other
Prrn'isions for Participation - ACTION
1.a.
AnnualRenewal
Renewal Requirement
l.a. Annual
In addition
addition to
to an
anapplication
application deadline,
deadline, most
most limited,
limited entry programs
programs for
for other
otherfisheries
fisheries
require landing
species to
qualifyaapermit
permitfor
forrenewal,
renewal, and
and have
have provisions
provisions for
require
landingof
of aa species
to quali'
waiving
in other
other limited
waiving the requirement.
requirement. Renewal
Renewal requirements
requirements in
limited entry fisheries
fisheries are
designed to
to encourage use of the permits
designed
permits and
and to
to discourage
discourage retention
retention of
of inactive
inactive permits
permits
for speculative purposes.
forrenewal
renewal ofofpermits,
requires crab
crab landings
landingstoto qualify
qualii for
If the
the Commission
Commission requires
permits, staff
st&
recommends
those
denied
have
recourse
to
appear
before
the
Commercial
Fishery
Permit
recommends
recourse
appear
the Commercial
Permit
Board and that the
the Board
Board consider
consider waiving
waiving requirements
requirementsfor
for renewal
renewal of
of permits
permits ifif the
the
Board
finds that the
the individual
individual for personal
personal or economic
economic reasons
reasons chose
chose to
to actively
actively
Board finds
commercially fish
ocean fishery
fishery during
during the ocean
ocean
commercially
fishthe
the permit
permitvessel
vesselinin some
some other
other ocean
Dungeness
Board finds
individual fails
Dungenesscrab
crab season,
season,oror ifif the
the Board
finds that
that the individual
fails to
to meet
meet the
requirements
the result
result of
ofillness,
illness, accident
accident or
other circumstances
circumstances beyond
beyond the
requirements as
as the
or other
control
individual's control.
testimony, few
few supported
supported an annual
annual landing
landing requirement.
requirement. Changes in crab
During public testimony,
abundance
opportunity to participate
participate in
in alternative
alternative fisheries
fisheries may require
require some
some
abundance and
and the opportunity
individuals
to make
make frequent
before the
the Permit
Permit Review
Review Board
Board to appeal
individuals to
frequent appearances
appearances before
appeal
denied permit applications.
applications.
Option
Option 1:
1: Require
Require aa (500),
(500), (1,000),
(1,000), or
o r (2,500)
(2,500) pound
pound landing
landing of
of ocean
ocean
Dungeness crab as an
an annual
annual permit renewal requirement
requirement for vessels greater than
26 feet in length.
length. Require
100 pound
pound annual
annual landing
landing requirement
requirement of
of ocean
ocean
Require a 100
crab for
for permit
permit renewal for
for vessels 26 feet
feet and
and under.
Dungeness crab
3 ( 0 pOption
t i o n 2:
2:Limit
Limitrenewal
renewalrequirements
requirementsto
totimely
timely application.
application
-
Issuee 22:
: Transferubilltr
Trunsferubility - ACTION
ACTI0.V
kcu
2.a.
2.a. Restrictions
Restrictions on
on Len2th
Leneth and
and Len2th
Length Determination
Determination
Section 5 (1) of the Act provides
provides for
for transferability
transferability of an ocean Dungeness crab permit to
to
The vessel
vessel
(a) another vessel; or (b) to the purchaser of the vessel
vessel when
when the
the vessel
vessel is
is sold.
sold. The
10 feet longer than the vessel
vessel from
to which a permit is transferred may not be more than 10
which the
the permit
or more
99 feet
feet in
in length.
length. Permits
Permits for vessels
vessels
which
permit is transferred,
transferred, or
more than
than 99
quali'ing
qualifyingunder
underSection
Section44(1)
(1)(e)
(e)ofofthe
theAct
Actmay
maybe
betransferred
transferred only
only to
to vessels
vessels 26
26 feet or
or
less in length.
length.
The Act provides several options for measuring length, and the Commission is authorized
to establish
establish rules.
rules.
10
Staff recommends
reconnends adoption
to mean either
StaE
adoptionofofrules
ruleswhich
which define
define length
length and overall length to
the U.S. Coast
Coast Guard
Guard or
or Marine
Marine Board
Board registered
registered length.
length.
(Preferred):Adopt
Adoptrules
rulestotodefine
definelength
lengthand
andoverall
overall length
length to be either
either
,41 Option
Option 11 (Preferred):
U.S. Coast
Coast Guard
Guard or
orMarine
Marine Board
Board registered
registered length.
length. For1initial
For initial pyrmitting,
the U.S.
prmitting,
ICyfti
registered length is as of September
September 9, 1995
1995,
Ck*fi.dd.'
'
h
o&r
/e,t~c
47
Option 2:
2:.No
Noaction.
action.
2.b. Transfer
Transferof
ofaaPermit
Permitto
toaaSmaller
SmallerVessel
Vessel
Section
Section 5 of the Act
Act imposes
imposes aa length
lengthrestriction
restrictionwith
withregard
regardtotopermit
permittransfers.
transfers. But
But the
transfer of a permit
permit from a larger vessel
vessel to a
Act does not directly
directly address the situation of transfer
smaller vessel
to
vessel and
and whether
whether that
that would
would result
result in a 10-foot limit
limit on
on a future transfer back to
vessel.
a larger vessel.
Many individuals
offering comment
comment during
during public
publicmeetings
meetingsfelt
feltthat
that the
the original permit
Many
individuals offering
permit
holder should be able to
to transfer
transfer a permit from a larger vessel
vessel to
to a smaller vessel,
vessel, and
and then
then
constrained by
by the
the 10-foot
10-foot limit.
limit. There was concern
back to aa larger
larger vessel without being constrained
concern
the 60-month
60-month waiting requirement
requirement may
constraining and
place limits
limits on
may be
be very constraining
and would
would place
growth of
of fleet
fleet capacity. Future
FutureLegislative
Legislative sessions
sessions could address these issues. Option
Option 1,1,
growth
below, would
below,
would be the
the most
mostconstraining
constraining on
onpotential
potential increases
increases in fleet capacity
counteracting effects of increases in fleet
fleet capacity
capacity that
that would
would occur under the provision of
10-foot increase
increase in
in size
size when aa permit is
is transferred.
a 10-foot
Option1 1(Preferred):
(Preferred):
Require
length
restrictionslimiting
limitinglength
length increases
increases to 10
10
y( Option
Require
length
restrictions
feet no matter what the
the history
history of
of the
the original
original permit.
permit.
Option
2:Allow
Allowfuture
futurepermit
permit transfers
transfers to
to be
be linked
l i e d to the original permit,
Option 2:
permit, even
even ifif
the original permit is transferred to
to aa smaller
smaller vessel.
vessel.
2.c. Other
2.c.
OtherRequirements
Reauirements for
for Transfer
Transfer of
of aa Permit
Section 5 (5) of
Section
of the
the Act
Act limits
limits transfers
transfers of aa permit
permit to
to once
once every
every 60
60months.
months. Other
Oregon limited
entry programs
programs require
require participation
participationininthe
the fishery
fishery in
in order
order to qualify
Oregon
limited entry
qualify a
Requiring aa landing
permit for transfer,
transfer, except
except to
to aareplacement
replacement vessel.
vessel. Requiring
landing of ocean
ocean
permit
fishing seasons within a 60-month period would minimize
minimize
Dungeness crab in each of two fishing
speculativeuse
use of
of permits,
permits,and
andwould
wouldpreserve
preservethe
thespirit
spiritofofthe
theAct
Actwhich
whichseeks
seeks".
speculative
" . . . to
protect the
the livelihood
livelihood of participants
participants in the
the Oregon
Oregon ocean
ocean Dungeness
Dungeness crab
crab fishery
fishery who
who
have historically and
and continuously
continuously participated
participated in
in the
the ocean
ocean Dungeness
Dungeness crab
crab fishery
fishery.. . .".
.
.
11
.
The ocean
ocean Dungeness
Dungeness crab
crab fishery
fishery restricted participation
participation program would be inconsistent
inconsistent
The
use of
other state
statelimited
limited entry
entry programs
programs ifif Option
Option2
were chosen.
chosen. Speculative
Speculative use
with other
2 were
permits may
may increase
increase if no landings of crab were
were required
required to
to qualify
quallfy aa permit
permit for
fortransfer.
transfer.
permits
However, fleet
fleet effort
effort potentially
potentially could decrease
decrease until permits were sold and transferred
transferred to
to
However,
more
active
vessels.
more active vessels.
X Option
Option 1:
1: Require
Require
)<
Q
(500 , (1,000),
(1,000), or (2,500)
(2,500) pound
pound landing
landing of
of ocean
ocean
(50"L
Dungeness crab
crab in each o two
twofishing
fishingseasons
seasonswithin
within aa 60-month
60-month period
period preceding
preceding
Dungeness
vessels greater
Require aa 100
100
the transfer of a permit for vessels
greater than
than 26
26 feet
feet in
in length.
length. Require
ocean Dungeness crab in each of
of two
two fishing
fishing seasons
seasons within
within aa
pound landing of ocean
transfer of
of aa permit
permit for
for vessels
vessels 26
26 feet
feet and
and under.
under.
60-month period preceding the transfer
Option 2:
2: Place
Placeno
nolanding
landingrequirement
requirementfor
fortransfer
transfer of
of aa permit
permit.
Option
TransferofofaaPermit
PermittotoaaReplacement
ReplacementVessel
Vessel
2.d. Transfer
of the
the Act
Act does
does not
not address
address transfer
transfer of
of aapermit
permit totoaareplacement
replacementvessel,
vessel,
Section 5 (5) of
original vessel is lost
The 60-month
60-month limit
limit on
on transfers
transfers may
may
when the original
lost due to
to sinking or fire.
fire. The
lost vessel.
vessel Section 55
cause an undue hardship on the vessel owner seeking to replace aa lost
(5) gives the Permit
Permit Board
Board authority
authority to
to waive
waive this
this requirement.
requirement. Other Oregon
Oregon limited
limited
(5)
entry programs allow vessel
vessel owners to replace a lost
and allow
allow up
up to
lost vessel
vessel immediately
immediately and
two years
years to
tofind
find aareplacement
replacementvessel.
vessel.
two
Option 11(Preferred):
<Option
(Preferred): InInthe
thecase
caseofofvessel
vesselloss,
loss,allow
allowthe
thevessel
vessel owner
owner up
up to
to
two years
years to
to transfer
transfer the
the ocean
oceanDungeness
Dungeness crab
crab fishery
fishery permit
permit to aareplacement
replacement
Allow the
the Permit
Permit Board to
to delegate
delegate authority
authority to the
the Department
Department to
to waive
waive
vessel. Allow
the 60-month
60-month constraint
constrainton
onpermit
permit transfers.
transfers.
the
Option 2:
2: In the
the case
case of
of vessel
vessel loss,
loss, rely
rely on
on Permit
Permit Board
Board review
review of
of permit
permit
replacement vessels
transfers to replacement
vessels for vessel
vessel owners seeking
seeking aa transfer
transfer sooner than
60 months after
after the last transfer, or initial issuance. Place
Place no
no limit
limit on time required
required
transfer aa permit
permit to
to aareplacement
replacementvessel.
vessel.
to transfer
3: 4n:endment
Atnenrln~ent
OR)'508.
508.920
untl the Commercial
Cotnmercinl Fislrery
Fishery Pertnit
Permit Hourti
Board
Issue 3:
totoOltS'
920 and
Section 8 of the Act amends ORS 508.920 requiring the Commission
Commission to
The Section
to appoint three
members
members to represent
represent the
the ocean
ocean Dungeness
Dungeness crab
crab fishing
fishing industry
industry on
on the
theCommercial
Commercial
Fishery Permit
Permit Board.
Board. Industry
Industry representatives
representatives must be selected from a list of those who
who
present industry
eligible and obtain
obtain an
an ocean
ocean Dungeness
Dungeness crab
crab permit.
permit. Staff will
will present
industry
are eligible
nominations
Commission consideration
the September
September27 hearing.
hearing. Applicable
Applicable
nominations for
for Commission
consideration at
at the
Oregon Administrative
5-06-643 through
through 645
5-06-700.
Oregon
Administrative Rules
Rules are
are OAR
OAR 63
635-06-643
645 and
and OAR
OAR63
635-06-700.
12
Dungeness
Commission determination of
of eligibility
eligibilityof
ofaa vessel
vesselto
to participate in the ocean Dungeness
crab fishery
or transfer
rights isis subject
subject to
to review
by the Board,
crab
fishery or
transfer of participation
participation rights
review by
Board, in
in
accordance with ORS 183.310
183.310 to 183.550.
183.550. The
TheBoard
Boardmay
maywaive
waiveeligibility
eligibility requirements
requirements
finds that the
the individual
individual fails
contained
contained in
in Section
Section 44 of the Act if the Board finds
fails to
to meet the
result of
of illness,
illness, fire, sinking,
sinking, accident or other
other circumstances
circumstancesbeyond
beyond
requirements as the result
individual's control.
control.
the individual's
order to
toexpedite
expediteappeals
appealsto
tothe
theBoard,
Board,staff
staErecommends
theCommission
Commissionadopt
adoptrules
rules
In order
recommends the
the Board
Board to establish criteria
criteria for
for waiver
waiver of
of permit
permit requirements
requirements and
and to
to delegate
allowing the
authority to
to waive
waive permit requirements
requirements to
to the
the Director
Directorunder
under certain
certaincircumstances.
circumstances.
authority
2 Option 11 (Preferred):
(Preferred): Allow
M o w the
Permit Board
Board to delegate
delegate authority
authority to
the
the Pennit
to the
2t
Department to waive
waive eligibility
eligibility requirements
fishery
Department
requirements for
for ocean Dungeness crab fishery
permits
permits under
under certain
certain circumstances.
circumstances.
Option
Option2:
2: No
NoAction.
Action.
Issue 4:
Issue
4: IVessel
esxclLength
LengthModification
ModzJ,euion
Act provides
provides length
length restrictions
restrictions for
for transfers.
transfers. But the
The Act
the Act
Act does
does not
not address
address the
the
situation of aa permitted
permitted vessel
vessel owner
owner who,
who, through
throughvessel
vesselmodification,
modification, lengthens
lengthens his
his
situation
10-footrestriction
restriction applicable
applicable in the Act to
to transfers.
transfers.
vessel beyond the 10-foot
to prevent
prevent an
an increase
increase in
in overall
overall fleet
fleet capacity
capacity that
The original intent
intent of
of the Act was to
Staff therefore
therefore recommends
might result by unrestricted transfers
transfers to
to vessels
vessels of
of larger
larger size.
size. Staff
the Commission
Commission adopt
adopt rules restricting length increases to those specified
specified in Section 5 (1)
(1)
the
of the Act for vessels so modified.
modified. ljnder
Under the
the proposed
proposed rule,
rule, aa permit
permit holder
holder would
would be
be
restricted to
to modifications
modications resulting in an 04erall
restricted
overall length increase
increase of
of 10 feet or less, and no
new modifications
modifications could take
take place for
for 60
60 months
months thereafter.
thereafter.
new
example, an
Without this constraint, fleet capacity
capacity could
could increase
increaseas
as aa consequence.
consequence. For example,
48-foot vessel
vessel could buy and transfer a permit endorsed for a 38-foot
38-foot boat.
boat.
owner of a 48-foot
owner, by
by construction,
construction, could
70 feet
feet and
and increase
increase its
its
The owner,
could then
then lengthen
lengthen the
the boat
boat to 70
capacity.
capacity.
)<
X Option
Option11(Preferred):
(Preferred): Restrict modifications
modications to
feet within
within each
each
to length
length to
to 10 feet
60-month
60-month period.
period.
Option2:2:Make
Makenonomodification
modificationrestrictions
restrictionson
onvessel
vessellength.
length.
Option
j/,-:'f'
A)/-
A
>
I
Lt 3
;t
o
-b
(
js (2.
:3;n1&i:..
.......
&
4<c e11,red
ts
(Pc/?J. r
w;6X
V. Public
PublicInvolvement
Involvement
proponents of different
different versions
HI3 3094.
3094. The
Extensive meetings
meetings were
were held
held by
by proponents
versions of HB
Department held
in Astoria,
Astoria, Newport,
Newport, and
and
Department
held three
three townhall
townhallmeetings
meetingsJuly
July55 and
and 6 in
Charleston to provide information
information about
about the
the Act
Act and
and to
to present
present issues
issues and
and options related
to its
its implementation.
implementation. Meeting
Meeting announcements
announcements were mailed
Department's crab
mailed out
out to the Department's
mailing list comprising the majority of Oregon
Oregon licensed
licensed crabbers.
crabbers. Coastal radio stations
stations
were contacted the week of the meetings. AA follow
follow up
up meeting
meeting was held in Newport on
on
July 19
19 to
to provide
providean
anopportunity
opportunityfor
forthose
thosemissing
missingearlier
earliermeetings.
meetings. Attendance was
light, with a total of
of 54
54 individuals
individuals appearing at the three coastal meetings (Table 1).
1).
Several options were presented to participants of the July 5 and 6 crab limited
limited entry public
meetings. Two
Twooptions
optionswere
werepresented
presented for
for renewal
renewal of
of permits:
permits: Option 11 would
would require
require aa
1,000 or
or 2,500
2,500 lblbannual
annual landing
landing of ocean
ocean Dungeness
Dungeness crab
renew the permit;
permit,
500, 1,000
crab to renew
Option 2 would
Most of
would require
requiretimely
timely application
application December 31 of
of each
each permit
permit year.
year. Most
those offering an opinion did not feel that an annual poundage requirement was necessary
for renewing a permit (Table 1).
1). Results
Resultswere
were mixed,
mixed, depending on the meeting location.
location.
Vessel Modification
Modification options
Option 1,
1, restrict
modification of vessels
vessels having
having
Vessel
options were:
were: Option
restrict modification
permits to 10
10 foot
foot length
length restriction
restriction as required
required by
vessel, Option 2,
permits
by transfers
transfers to
to a new vessel;
have no restriction on vessel
of those
those voting
voting felt that vessel
vessel modifications
vessel transfers.
transfers. Most of
needed to
to be
be constrained
constrainedusing
using the
the criteria
criteria for
for permit transfers.
transfers.
Vessel Transfer options were
were presented
presented to:
to: Option
Option 1,
1, link
link vessel length of a permit to the
current vessel
vessel length,
length, or Option
Option 2,
2, link
link aalength
lengthendorsement
endorsement to
to the
thevessel
vesseloriginally
originally
current
qualified.
qualified. Astoria
supported aa modification
of Option
Option 22 where the original
Astoria attendees
attendees supported
modification of
original
permit holder could transfer from a larger to smaller
Coastwide
permit
smaller boat, and
and back
back again.
again. Coastwide
results were
results
were mixed
mixed on
on this
this issue.
issue.
polled on Vessel
Vessel Transfer
Transfer options
options requiring:
requiring
Finally,
meetings were polled
Finally, those
those attending the meetings
Option 1,
prior to
to transfer
permit, or Option
Option 2,
2, no landing
landing
1, aa landing
landing requirement
requirement prior
transfer of a permit;
requirement.
requirement Most
Mostwere
wereopposed
opposedto
toaalanding
landingrequirement
requirement to qualify a permit for transfer,
however
varied by port.
port Some
Some individuals
individuals asked
permits was
was
however results
results varied
askedifif leasing
leasing of
of permits
allowable,
transfer.
allowable, and if this would be different than a permit transfer
There were several
several questions
questions and
and confbsion
confusion related to those
those having
having multiple vessels which
make up their
their qualification
qualification history, with larger
larger vessels owned recently, and
and smaller
smaller vessels
vessels
earlier. Staff
applicant's history
Staff explained
explained that
that an
an applicant's
historyof
of ownership
ownershipof
of multiple
multiple vessels
vessels of
of
different sizes does not constitute a path for qualifying
the size of an eligible
eligible vessel.
vessel. Only
Only
qualifying the
will qualify
qualify for
those vessels meeting
meeting qualifying
qualifyingcriteria
criteriaunder
underSection
Section44of
ofthe
the Act
Act will
for a
permit (unless
(unless criteria
criteria are
are waived
waived by
by the
the Permit
Permit Board).
Board).
14
There was general
general concern
concern about
about the
the 55year
yearlimitation
limitation on
ontransfers.
transfers. Many
not
There
Many did not
understand this requirement,
requirement, or
or were
were opposed
opposedto
to itit because
because of
of the
the constraint
constraint itit places
places on
permit transfers. Transfers
likely to
to be
be tied
tied to
to the leasing of a vessel
Transfersinvolving
involving a lease are likely
Otherwise, the 5 year limit
and the permit together.
together. Otherwise,
limitwould
wouldapply.
apply. Staffpointed
Staff pointed out
out that
that a
change in
the 55 year
year waiting
waiting period
period between
between transfers
change
in the
transferswould
wouldtake
takean
an Act
Act of
of the
Legislature. The
Thewaiting
waitingperiod
period could
could be
be waived
waived by the Permit Review Board.
Table1.1.Straw
Strawpoll
pollresults
resultsofofissues
issuespresented
presentedatattownhall
townhall meetings.
meetings.
Table
I
Options
Astoria
Newporr
Charlesrot~
Charleston Newport
2
Total
Renewal Requirement
Option 1,
1, Landing Requirement
Option 2, Timely Application.
Application.
00
9
0
22
1
1
11
11
15
15
0
5
5
2
211
Modification
Vessel Modification
Option 1,
1, 10
10 ft
fi Restriction
No Restriction
Restriction
Option 2,
2, No
5
6
9
3
23
5
0
0
0
5
3
3
88
1
1
12
12
55
00
2
18
18
0
0
15
15
88
0
3
00
13
13
28
20
14
14
33
54
Vessel
Vessel Transfer
Transfer
Option
1, Link Length to Current
Current 0
Option 1,
Vessel
Option 2, Link Length to
to Original
Original 11
11
Permit
Vessel Transfer
Transfer
Vessel
2
Option 1,
1, Landing
Landing Requirement
13
Option
2,
Landing 13
No
Requirement
Requirement
17
17
Total Attendance
During the public
were concerned
concerned about
about the evidence
During
public meetings,
meetings, several
several individuals
individuals were
evidence
of aa vessel
vessellicense,
license,totoqualify
quali' under provision
provision (d) of the Act.
required to prove ownership
ownership of
Others had purchased new boats
boats and
and wanted
wanted to
to transfer
transfer permits
permits(or
(or the
the right
right to
to a permit)
to the
the new
new vessel.
vessel. Questions were
were raised
raised as
as to when the length limit
limit would
would take effect,
having sold
sold qualifying
quali'ing vessels
and how individuals
individuals having
vessels and
and having
having retained future crab
crab fishery
fishery
rights would make
make application
application for
for aa new
new vessel.
vessel.
Additional concerns
appeals process,
vessel could
could
Additional
concerns were
were raised
raised about
about the appeals
process, and whether a vessel
fish pending
pending the
One family
family recently
the outcome
outcome of
of an
an appeal.
appeal. One
recently purchased
purchasedaa crab
crab boat
boat not
meeting the
been fishing
fishingthe
the boat
boat since
since the
the first of the
the criteria
criteriafor
foreligibility.
eligibility. They have been
year and
and were
were very
very concerned
concerned they
they would
would have
have no
nolivelihood
livelihood beginning
beginning December
December 1,1,
The Department
Department will
consult with legal counsel
counsel on
on these
these individual
individual cases.
cases.
1995. The
will consult
'5
A time limit of 22 years
years to
to obtain
obtain aa replacement
replacement vessel
hall
vessel was
was discussed
discussed atat the
the town hail
vote was
was taken
takenon
onthis
this issue.
issue.
meetings but no vote
VI. References
References
Demoiy, Darrell,
Demory,
Darrell, 1990.
1990.History and
and status
status of
of the Oregon Dungeness
Dungeness crab
OregonDepartment
DepartmentofofFish
Fishand
and Wildlife.
Wildlife.
fishery. Oregon
ITEI
OREGON ADMINISTRATIVE RULES
OREGON DEPARTMENT OF FISH AND WILDLIFE
Note:
deleted
Note: [[ I] means proposed to be deleted
Bold means proposed to
to be
be added.
added.
Restricted
Restricted Vessel
Vessel Permit System for the
Ocean Dungeness Crab Fishery
Purpose
Thepurpose
purposeofofthe
therestricted
restrictedvessel
vesselpermit
permit system
system for
for the
the ocean
ocean Dungeness
Dungeness
635-06-900 The
crab fishery is
is to
to promote the economic well-being of
of the
the Oregon ocean Dungeness
Dungeness crab industry
industry
and the coastal communities relying
relying on
on the
the harvest,
harvest, to
to protect the livelihood of participants in the
Oregon ocean
ocean Dungeness
Dungeness crab
crab fishery
fishery who have
have historically and continuously participated in the
8-23-95,
ocean Dungeness crab fishery and to prevent
prevent aa concentration
concentration of
of fishing
fishing effort.
effort. Adopted 8-23-95,
ef.
Auth.: Chapter
Chapter484,
484,Oregon
OregonLaws,
Laws, 1995.
1995.
ef. 9-9-95.
9-9-95. Stat.
Stat Auth.:
Definitions
For the
thepurpose
purpose of
of OAR
OAR 635-06-920
635-06-920 through 635-06-990:
635-06-910 For
635-06-990:
"Crab fishing
fishingseason"
season" isis the
the time period from December of one year through
(1) "Crab
August 14
14 of
of the
the next
next year.
year.
(2) "Owner" is
is any
any ownership
ownership interest
interest in
in aa vessel,
vessel, including
including interests arising from
(2)
cocporation.
partnership or corporation.
Div.
06-1
OREGON ADMINISTMTIVE RULES
OREGON DEPARTMENT OF FISH AND WILDLIFE
Note: [ [ ]] means
means proposed
proposed to
to be
be deleted
deleted
Note:
Bold means
means proposed
proposed to
to be
be added.
added.
Bold
(3) "Length"
"Length"oror"Overall
"Overalllength"
length"ofofaavessel
vesselmeans
meansthe
theUnited
United States
StatesCoast
CoastGuard
Guardor
or
(3)
MarineBoard
Boardregistered
registeredlength.
length.For
Forthe
thepurpose
purposeofofinitial
initialpermit
permitissuance,
issuance,length
lengthofofthe
thevessel
vesselisis
Marine
onSeptember
September9,
9, 1995.
1995
UnitedStates
StatesCoast
CoastGuard
GuardororMarine
MarineBoard
Boardregistered
registeredlength
lengthofofthe
thevessel
vesselon
United
(4) "Replacement
"Replacementvessel"
vessel"isisaavessel
vesselpurchased
purchasedto
toreplace
replacean
anocean
oceanDungeness
Dungenesscrab
crab
(4)
permittedvessel
vessel which
which has
has been lost
lost due
due to
to fire,
fire, capsizing,
capsizing, sinking or other event for the purpose
permitted
replacementvessel
vesselshall
shallbe
be no
nomore
morethan
than10
10
offishing
fishing in
in the
the ocean
ocean Dungeness
Dungenesscrab
crabfishery.
fishery. AAreplacement
of
feet greater
greater than the vessel
Stat. Auth.:
Auth.:
feet
vessel which
whichititreplaces.
replaces. Adopted
Adopted 8-23-95, ef. 9-9-95.
9-9-95. Stat.
Chapter484,
484, Oregon
OregonLaws,
Laws,1995.
1995.
Chapter
Eligibility Requirements
Requirements
Eligibility
635-06-920
(1)Only
Onlythose
thosevessels
vesselswhich
whichmeet
meetthe
thequalifications
qualificationsin
inChapter
Chapter484,
484, Oregon
Oregon
635-06-920(1)
Laws 1995
1995 are
are eligible
eligible for
for issuance
issuanceof
of an
an ocean
oceanDungeness
Dungenesscrab
crabfishery
fisherypermit.
permit.
Laws
(2)
(2) For
Forthe
thepurposes
purposesofofeligibility
eligibilityfor
forthe
theocean
oceanDungeness
Dungenesscrab
crabfishery
fishery permit,
permit, aa boat
boat
which received
received aa license
license waiver
waiver issued
issued pursuant
pursuant to
to ORS
ORS 508.808
508.808shall
shall be considered
consideredas
ashaving
having
which
possessed a vessel license
possessed
licensecontinuously
continuouslyfor
forthat
thatyear.
year. Adopted
Adopted 8-23-95,
8-23-95, ef.
ci'.9-9-95.
9-9-95. Stat.
Stat.
Auth.: Chapter
Chapter484,
484,Oregon
OregonLaws,
Laws,1995.
1995.
Auth.:
Div. 06-2
06-2
Div.
1OREGON'
RULES
OREGON ADMINISTRATIVE
ADMINISTRATIVE RULES
Lni
OREGON DEPARTMENT OF FISH AND WILDLIFE
(Fifl & Wiidlifej
means proposed to
bee deleted
Note: [ ]] means
to b
deleted
[
Bold means proposed
proposed to
t o be
b e added.
added.
Requirement for Permit
635-06-930 Notwithstanding
Notwithstandingany
anyother
otherprovisions
provisionsofofthe
thecommercial
commercialfishing
fishing laws:
laws:
(1) ItItisisunlawful
unlawful for
foran
anindividual
individual to operate
operate aa vessel in the ocean
ocean Dungeness crab fishery
without first obtaining a vessel
vessel permit
permit issued
issuedpursuant
pursuantto
to section
section 44 or
or 6,
6, Chapter 484, Oregon
Laws
Laws 1995.
1995.
(2) Applications
Applicationsfor
forpermits
permitsshall
shall be
be in
in such
such form
form and contain
contain such
such information
information as
as the
the
Department may prescribe. Proof
Proofofoflength
lengthof
ofaavessel
vesselshall
shallbe
be required
required at
atthe
thetime
timeof
ofapplication.
application.
ur~lawful
foraawholesaler,
wholesaler,canner
canner or
or buyer
buyer to
to buy
buy or
orreceive
receive ocean
oceanDungeness
Dungeness
(3) ItItisisunlawful
for
issued.
crab from a vessel for which the permit required by section (1) of this rule has not been issued.
(4) The
Thepermit
permitrequired
requiredby
bysection
section(1)
(1)of
ofthis
this rule
rule isis in
in addition
addition to
to and
and not
not in
in lieu
lieu of
of the
licenserequired
requiredbybyORS
ORS
508.260.
Adopted8-23-95,
8-23-95,ef.ef.
9-9-95.Stat.
Stat.Auth.:
Auth.:Chapter
Chapter
boat license
508
260. Adopted
9-9-95.
484, Oregon
484,
Oregon Laws,
Laws, 1995.
1995.
Renewal Requirements
Anindividual
individual who
who obtained
obtained the
the permit
permit required by Chapter
Chapter 484, Oregon
Oregon
635-06-940 An
Laws 1995
1995 for
for aa particular
particular calendar
calendar year
year is
is eligible
eligible to obtain renewal of the permit in the next
calendar year,
year,upon
upon application
applicationby
byDecember
December3 31
thepermit
permityear.
year. Adopted
1 ofofthe
succeeding calendar
8-23-95,ef.
ef.9-9-95.
9-9-95.Stat.
Stat.Auth.:
Auth.: Chapter
8-23-95,
Chapter484,
484, Oregon
OregonLaws,
Laws, 1995.
1995.
06-3
Div. 06-3
tO RE ON]
OREGON ADMINISTRATIVE RULES
RULES
OREGON DEPARTMENT OF FISH AND WILDLIFE
Irish
& Wildilfel
means proposed to be deleted
Note: [[ ]] means
Note:
Bold means
-
proposed to
to be
be added.
added.
Evidence of Eligibility
635-06-950
635-06-950 In
Inmaking
makingdeterminations
determinationsregarding
regarding issuance or renewal of the permit
required by Chapter
Chapter 484,
484, Oregon
OregonLaws
Laws1995,
1995,the
theDepartment
Departmentand
andthe
theCommercial
CommercialFishery
Fishery Permit
Permit
Board
Board may
may consider
consider as
as evidence
evidence of
of permit qualifications or requirements Department records
records and
and
such receipts, accounts, contracts
contracts and other
other business records of private parties as the Department
or the Board
Board considers
considersreliable
reliable evidence
evidence of
of the
the qualifications
qualifications or
or requirements
requirementsin
in question.
question.
Adopted 8-23-95,
ef. 9-9-95.
9-9-95. Stat.
Stat. Auth.:
Auth.: Chapter
8-23-95, ef.
Chapter484,
484, Oregon
OregonLaws,
Laws,1995.
1995.
Revocation and Refusal to Issue Permits
635-06-960 The
TheCommercial
Commercial Fishery Permit Board may revoke and refuse subsequent
issuance of a permit required by Chapter 484, Oregon
Oregon Laws
Laws 1995
1995in
in the
the manner
manner provided
provided in
in ORS
ORS
508.485,
508.485, 508.490
508.490and
andChapter
Chapter183,
183,OregonLaws.
Oregon Laws.Adopted
Adopted 8-23-95,
8-23-95,ef.
ef.9-9-95.
9-9-95. Stat.
Stat. Auth.:
Chapter 484, Oregon
Oregon Laws,
Laws, 1995.
1995.
Transferability
Transferability of
of Permits
Permits
635-06-970
635-06-970 (1)
(1) The
Thevessel
vesselpermit
permitrequired
required by
by Chapter
Chapter 484, Oregon
Oregon Laws 1995 is
transferable:
transferable:
(a) To
Toanother
anothervessel;
vessel; or
(b) To
Tothe
thepurchaser
purchaserofofthe
thevessel
vesselwhen
whenthe
thevessel
vessel isis sold.
sold.
06-4
Div. 06-4
'OREGON'
OREGON ADMINISTRATIVE RULES
RULES
OREGON DEPARTMENT OF FISH
FISH AND WILDLIFE
k!k&WiIdIifd
Note:
means proposed to be deleted
Note: [[ ]
] means
Bold means
-
to be
be added.
added.
proposed to
(2) The
Thevessel
vessel to
towhich
which aa permit
permit isis transferred,
transferred, with the exception
exception of vessels covered by
(3), shall not be:
(a) More
Morethan
than10
10feet
feetlonger
longerthan
thanthe
thevessel
vesselfrom
fromwhich
which the
the permit
permit is transferred; and
Morethan
than99
99feet
feetin
in length.
length.
(b) More
(3) Permits
Permitsobtained
obtainedas
asaaresult
resultof
ofqualifying
qualifying under section (4X1Xd)
(4)(l)(d) of Chapter 484,
Oregon Laws 1995
1995may
may only be transferred to vessels of a length of 26 feet or
or less.
less.
Thelength
lengthof
ofthe
thevessel
vessel for
forpurposes
purposesof
oftransferring
transferring permits
permits is the
the length of
of that
(4) The
vessel on September
September 9,
9, 1995,
1995,unless
unless subsequently
subsequentlymodified
modified to
to increase
increaseits
its length.
length
Exceptfor
forvessels
vesselsdescribed
describedin
in section
section (3)
(3) of
of this
this rule,
rule, transfer of
of permits
permits is limited to
(5) Except
10 feet longer
longer than the
the permitted vessel, regardless
regardless of length
length of
of vessels
vessels
vessels no more than 10
previously holding the permit.
permit.
Inthe
theevent
eventaavessel
vesselisisdestroyed
destroyeddue
dueto
tofire,
fire,capsizing,
capsizing, sinking
sinking or
or other
other event,
event, the
the
(6) In
to transfer
transfer the
the ocean
ocean Dungeness
Dungeness crab fishery permit to
vessel owner has up to two years to
to a
replacement
replacement vessel.
vessel.
(7) Notwithstanding
Notwithstanding section
section (1)
(1) of
of this rule, the Board may delegate to the Department its
authority to waive the 60-month
60-month limit on transfers where a permit holder has requested that
that the
the
Department transfer a permit to a replacement vessel. However,
However, any
any transfer
transfer of
of aa permit
permit away
away
from a vessel without the written
written consent
consent of
of each
each person
person holding
holding aa security
security interest
interestin
in such
suchvessel
vessel
is void.
void. Adopted
ef. 9-9-95.
9-9-95. Stat. Auth.:
Auth.: Chapter
Adopted 8-23-95,
8-23-95, ef.
Chapter484,
484, Oregon
OregonLaws,
Laws,1995.
1995.
Div. 06-5
1OREGON'
OREGON ADMINISTRATIVE
ADMINISTRATIVE RULES
RULES
OREGON DEPARTMENT
DEPARTMENT OF FISH AND WILDUFE
WILDLIFE
lFi$h& WiJdJffçJ
Note: L[ ]] means proposed to
to be deleted
deleted
Note:
Bold means
-
proposed to
to be
be added.
added
Vessel Length
Length Modification
635-06-975 (1)
(1) No
Novessel
vesselholding
holdingaapermit
permit pursuant
pursuant to
to section
section 4 or
or 6,
6, Chapter
Chapter 484,
635-06-975
Oregon Laws 1995
by more
more than
than 10 feet during any
1995 shall
shall be modified to increase its length by
If aa permitted
permitted vessel is modified,
60-month period. If
modified,the
theowner
ownershall
shallpromptly
promptlynotify
noti' the
Department and
and the
the 60-month
60-monthperiod
period shall
shall begin
begin on
on the
the date
date the
the Department
Departmentreceives
receivesnotification.
notification.
Department
Adopted 8-23-95,
ef.9-9-95.
99-95. Stat. Auth.:
Auth.: Chapter
8-23-95, ef.
Chapter484,
484, Oregon
OregonLaws,
Laws, 1995.
1995.
Renewal Requirements
(1)Permits
Permitsmay
maybe
berenewed
renewedby
bysubmission
submission to
to the
the Department
Department of
of aa $75
$75 fee
fee
635-06-980 (1)
complete application
application date-stamped or
or postmarked
postmarked by
by December
December 31
3 1of
of the
the year
year for
forwhich
which
and a complete
renewal is sought.
sought.
(2)(a) An
Anapplication
applicationfor
forrenewal
renewalshall
shallbe
beconsidered
consideredcomplete
completeWit
if it is legible, has all
(2)(a)
requested in the form,
form, and
and is
is accompanied
accompaniedby
bythe
therequired
requiredfee
feeininfull.
MI. Any application
information requested
complete shall
shall be returned, and unless it is thereafter resubmitted and deemed
which is not complete
complete
December31,
complete by December
3 1,the
theindividual
individual shall
shall not be considered
considered to
to have
have applied
applied for
for renewal
renewal in
in aa
timely manner;
manner;
theresponsibility
responsibility of
of the
the permittee
permittee to
to ensure
ensure that
that an
an application
application is
is complete
complete and is
(b) ItItisisthe
filed
filed in
in aa timely
timelymanner.
manner. Failure of the
the Department
Department to
to return an application for
for incompleteness or
or
Div. 06-6
06-6
EEbü1
OREGON ADMINISTRATIVE
ADMINISTRATIVE RULES
RULES
OREGON DEPARTMENT
DEPARTMENT OF
OF FISH
FISH AND
AND WILDUFE
WILDLIFE
OREGON
IFish.&WIIdilfeI
Note:
Note: [[ ]] means proposed to
to be deleted
deleted
Bold means
-
proposed
proposed to
to be
be added.
added.
of
of an
an individual
individual to receive a returned
returned application
application shall not be grounds for treating
treating the
the application
application
as having
been filed
filedininaatimely
timelyand
andcomplete
complete
manner.Adopted
Adopted8-23-95,
8-23-95,ef.
ef.9-9-95.
9-9-95. Stat.
having been
manner.
Auth.:
Auth.: Chapter
Chapter484,
484,Oregon
OregonLaws,
Laws,1995.
1995.
.
Review
Review of
of Denials
Denials
635-06-990 (1)
(1) An
Anindividual
individualwhose
whoseapplication
applicationfor
forissuance,
issuance, renewal
renewal or
or transfer
transfer of
of the
635-06-990
permit is
is denied
denied by the Department
Department may make written request to
to the
the Commercial
CommercialFishery
Fishery Permit
permit
Boardfor
forreview
reviewof
ofthe
thedenial.
denial. The
Thereview
reviewprovided
providedininthis
thissection
sectionisisin
in lieu
lieu of
of any
any such
such review
Board
by
by the
the Department
Department or
or Commission.
Commission. The
Therequest
requestshall
shallbe
be in
in such
such form
form and
and shall
shall contain such
information
information as
as the Board considers
considers appropriate.
appropriate The
Therequest
requestshall
shallbe
beaccompanied
accompaniedby
by aa
nonreflindable
nonrefundable fee
fee of
of $75.
$75.Such
Suchfee
feeshall
shallapply
applytoward
towardthe
thepermit
permitfee
feeof
ofsuccessifil
successfulapplicants.
applicants.
(2) Tn
In accordance
accordancewith
with any
any applicable provision of
183.550,the Board
(2)
of ORS
ORS 183.310
183.310 to
to 183.550,
shall review denials of application for
Orders issued by the Board are
are not
not subject
subject to
to
shall
for permits.
permits. Orders
review by
by the
the Commission,
Commission, but may be
550.The
The
review
be appealed
appealed as
as provided
provided in
in ORS
ORS 183.480
183.480 to
to 183
183.550.
Boardmay
maywaive
waiverequirements
requirementsfor
forpermits
permitsifif the
the Board
Board finds
finds that
that the
theindividual
individualfailed
failed to
to meet
meet the
the
Board
requirements
requirementsas
asthe
theresult
resultof
ofillness,
illness, fire,
fire, sinking,
sinking, accident or other circumstances
circumstancesbeyond
beyond the
the
individual's control.
control.Tn
Inmaking
makingaadetermination
determinationof
ofeligibility,
eligibility, the Board shall
shall consider
consider the
individual's
applicant's
applicant'shistory
historyofofparticipation
participationininthe
theOregon
Oregonocean
oceanDungeness
Dungenesscrab
crabfishery.
fishery
Div. 06-7
[j
'OREGON'
OREGON ADMINISTRATIVE RULES
RULES
OREGON DEPARTMENT OF FISH AND WILDLIFE
tFish & WiJdIfl,J
means proposed
proposed to be deleted
Note: I[ ]I means
Bold means
-
proposed to
to be
be added.
added.
183.310 through 183.550,
183.550, the
(3)
accordance with
with any
any applicable
applicable provision of ORS
ORS 183.310
(3) In accordance
necessary to
to carry out its duties, functions and
Board may promulgate such rules as it considers necessary
powers.
powers.
(4) The
TheBoard
Boardmay
maydelegate
delegateto
tothe
theDepartment
Departmentits
itsauthority
authorityto
towaive
waiveeligibility
eligibility
5-06-990. Adopted
requirements for permits in accordance with the criteria in (
(2)
2) of OAR 63
635-06-990.
Adopted
8-23-95,
9-9-95. Stat.
Stat. Auth.:
Auth.: Chapter
8-23-95, eef.
f. 9-9-95.
Chapter484,
484, Oregon
OregonLaws,
Laws,1995.
1995.
06-8
Div. 06-8
Div.
OREGON ADMINISTRATIVE RULES
RULES
1."
FISH AND WILDLIFE
OREGON DEPARTMENT OF FISH
I
lAsh & Wildilfel
Optional Rule
Note:
Note:
proposedt to
[[ ]] means
means proposed
o bbe
e deleted
deleted
B o l d means
r o p o s e d tto
o be
b e added.
added.
Bold
means pproposed
-
Renewal Requirements
Requirements
635-06-940
635-06-940
Oregon
An individual who
who obtained the
the permit
permit required by
by Chapter 484, Oregon
Laws 1995
1995for
for aa particular
particular calendar
calendar year is
is eligible
eligible to obtain renewal of the permit in the next
1 of
succeeding calendar year, upon application by
by December
December 331
of the
the permit year and provided the
vessel has landed at least -pounds of ocean Dungeness crab in the preceding crab fishing
season.
Adopted 8-23-95,
ef. 9-9-95.
9-9-95. Stat. Auth.:
Auth.: Chapter 484,
484, Oregon Laws, 1995.
8-23-95, ef.
1995.
Div. 06-1
'R E CON'
OREGON ADMINISTRATIVE RULES
RULES
Lni
Wi4.
DEPARTMENT OF
OF FISH AND WILDLIFE
OREGON DEPARTMENT
jh &
Optional Rule
means proposed to be deleted
Note: [f ]] means
Bold means proposed to
to be
be added.
added.
-
Transferability of
of Permits
Transferability
635-06-970 (1)
635-06-970
(1) The
Thevessel
vesselpermit
permitrequired
requiredby
byChapter
Chapter484,
484, Oregon
OregonLaws
Laws 1995
1995isis eligible
eligible
-0
0
leastT._. pounds
pounds of ocean Dungeness
Dungeness crab in
in
to be transferred
transferred provided the vessel has landed at least-y
each of
of two
two fishing
fishing seasons
seasons in
in the
the last
last 60
60 months.
months
Inaddition,
addition,the
thevessel
vesselpermit
permit is
is transferable:
transferable.
(2) In
(a) To
Toanother
anothervessel;
vessel, or
Tothe
thepurchaser
purchaserofofthe
thevessel
vesselwhen
whenthe
thevessel
vesselisis sold.
sold
(b) To
(2) The
Thevessel
vesselto
towhich
which aa permit
permit is
is transferred,
transferred, with the exception
exception of vessels covered by
(3),
be
(3), shall not be:
(a) More
Morethan
than10
10feet
feetlonger
longerthan
thanthe
thevessel
vessel from
from which
which the permit is transferred,
transferred; and
(b) More
Morethan
than 99
99feet
feetin
in length.
length
(3) Permits
(4)(1)(d) of Chapter
(3)
Permitsobtained
obtainedas
as aa result
result of
of qualifying
qualifying under section (4)(l)(d)
Chapter 484,
Oregon
Laws 1995
transferred to vessels of
OregonLaws
1995may only be transferred
of a length
length of 26 feet
feet or
or less.
less
(4) The
Thelength
lengthof
ofthe
thevessel
vessel for
for purposes
purposesof
of transferring
transferring permits is the length of that
vessel on September
September 9,
9, 1995,
1995,unless
unlesssubsequently
subsequentlymodified
modified to
to increase
increaseits
itslength.
length
to
(5) Except
Exceptfor
forvessels
vesselsdescribed
described in
in section
section (3)
(3) of
of this rule, transfer of permits is limited to
vessels no more than 10
10 feet longer
longer than
than the
the permitted
permitted vessel,
vessel, regardless
regardless of
of length
length of
of vessels
vessels
previously
previously holding the
the permit.
permit
Div. 06-I
06-1
[j
'OREGON'
OREGON ADMINISTRATIVE RULES
OREGON
OREGON DEPARTMENT OF FISH
FISH AND
AND WILDLIFE
I, & WiIdIifeJ
Note: [[ 3] means proposed to
to be deleted
deleted
Bold means
-
proposed to
to be
be added.
added.
(6) In
Inthe
theevent
eventaavessel
vessel is
is destroyed
destroyed due
due to
to fire,
fire, capsizing,
capsizing, sinking or other event, the
two years
years to
to transfer
transfer the
the ocean
ocean Dungeness
Dungeness crab
crab fishery permit to a
vessel owner has up to two
replacement
replacement vessel.
(7) Notwithstanding
Notwithstanding section
section(1)
(1)of
of this
this rule,
rule, the
the Board
Board may
may delegate
delegate its
its authority
authorityto
to waive
waive
the 60-month
where a permit
permit holder
holder has
has requested
requested that
that the
the Department
Department transfer
60-month limit on transfers where
a permit to a replacement vessel. However,
However, any
any transfer of
of a permit away from a vessel without
void.
the written consent of each person
person holding
holdingaasecurity
securityinterest
interestininsuch
suchvessel
vesselis is
void.Adopted
Adopted
8-23-95,
ef.9-9-95.
9-9-95. Stat.
Stat. Auth.:
Auth.: Chapter
8-23-95, ef.
Chapter484,
484, Oregon
OregonLaws,
Laws,1995.
1995.
Div. 06-2
Bath QESGON LEGISlATIVE A.S$L'vjflY-1995 Rcular Session
Enrol1ed
Enrolled
HouseBill
Bill 3094
3094
House
Sponsored by Represeutathe
Representati~e
TARNO,Senator
SenatmBRADBTJRY;
BIUDBL'RY; Representative
RepresentativeTHOMPSON
THOblPSON
TARNO,
CHAPTER
AN ACT
?
Relating
ocean
m a t i n g to
ta restricted parcipation
M a p a t i o ninin
oceanDungeness
Dungenesscrab
mobfishingi
fishinscreating
creatingnew
newprovisions;
provisions; and
snd
amending OHS
ORS 508S20
S08.920.
amending
Ehactad by the
the People
People of
of the
the State
Stateof
of Oregon:
Oregon:
Be IItt Enacted
SECTION 1.
this
08.
SECTION
LI.Sectioos
Sections2 t
2oto6 6ofof
thisAct
Actare
areadded
addedtotoand
andmade
madeaapart
part of
ofORS
CBSchapter
chapter508.
SECTION
The Legislative
LegislativeAssembly
Assembly&ds
findsthat
that the Oregon
SECTION 22.The
Oregon ocean
ocean Dungenees
Dungeness crab
fishery
has
destabilization of the
Eshery is
is overcapitalized.
o
v
~This
Thisovercapitall!zation
ove~cepitalkation
i
~
hasled
ledtotceco)aozthc
economic destabilization
ocean
Thngeness
relying on
on the
the crab
crab harvest
harvest and
-an
Dungenem crab industry
ipdmstry and
and the
the coastal
masid communities
communities relying
and
can
cas cause
cause excessive
excessive harvesting pressure
pressure on
on Oregon's
h g o n ' s ocean
ocean Dungeness
Drmgeness crab resources
resources.Since
Since
the state
l e g i s l a mof
ofWashington
Washington and
and California
Calitornia have
have enacted
enacted programs
programs restricting parparstatelegislatures
lic±pation
in tthe
crab fishery,
fishery, the possibility
ticipation in
h e ocean
ocean Thangeness
-ess
crab
possibrlity of increased effort in
in Oregon
Oregon
coastal watwaters by displaced vessels
is incressed.
-la
is
increased Notwithstanding
X o t t m t h s n any
any other provision
pru.risxon of
of the
tha
cgmettiai
laws,
ordet
to tpromote
theibe
econoznic
c o m n a dfishing
fishing
laws,inin
order
o proncti?
e c o n o d sweJJ-bein'
wd-be;ag of
ofthe
theOregon
Oregon ocean
ocean
Dungeness
crab iindustry
and the coastal
relying on
on the
the harvest,
harvest, to
to protect
protect the
the
Daegeness crab
a d m and
coastal conmiunities
communities relying
livelihood
ofparG5psrticipsn2s in
in the
the Oregon
liveLaood of
&gun ocean
ocean Dungeness
Dungeness crab fishery
iishery who
who have
have historicafly
bisbrically
and continuonsiy
paxtcipated in
coptinuousiy pIPbtCipated
in the
theocean
orreanDnngeness
Dungmess crab
crab fishery
Eshery and to
to prevent
prevent aaconcenconcentration
Wildlife
tration of
of fishing
fishing effort,
Art.,the
theState
StateFish
Fishand
and
WildlifeCommission
C o w s i o n by
by rule
rule shaD
shall establish
establish aa
system
for restricting
restricting participation in
systarn for
inthe
theOregon
Oregonocean
ocean Dungeness
Dungenes crab
crab fishery.
fishery.
StCTION
Notwithstanding
any other provision
SECTION 2.
3. (1)
(I) N
o-ding
any
provision of
of the
the commercial
commercial fishing laws, it
is unlawful
crab fishery without
without
lmLsafpI ffor
a r an
an individual.to
idividnal.to operate
operate aavessel
vessel in
inthe
theocean
ocemDtzngeness
b g e n e s s crsb
first
k t obtaining
obtaining aa vessel
vessel permit
permit issued
issued pursuant
pvrsuanttotosection
section44or
or66ofofthis
this1995
1995Act.
Act
(2)
Notwithstanding any other provision
(2)Notwithstanding
p r o w i o n of
of the
the commercial
commercial fishing
G + b g laws, iitt is
is unlawfuifor
udawful for
aa wholesaler,
canner or
wholesaler, cannsr
or buyer
bwer to
to buy
buy or
orreceive
receive ocean
ocean bungeness
Dungeness èrab
crab taken
taken in
in the
theocean
ocean
fishery
for which the
the permit required
&hen from
fram a vessel for
required by
by subsection
subsection (1)
(1) of this
~s section has not
been issued.
issued.
(3)
The +tpermit q
required
by subsaction
subsection (1)
(1) of
of tthis
sectionisis in
in addition
addition to
to and not in
(3)The
u k d by
his section
in lieu
Lieu
of the
the boat
boat license
license required
required by
by OIlS
O W503.260.
508260.
SECTION
4, (1)
(1) The
The ssystem
established under
under section
SECTION 4
ystem established
sectron 22 of
of this
this1995
1995 Act
Act shaD
shall provide ininitial
vessels to participate
itial eligibility
eligibiliitg for vessels
partidpate in
inthe
theocean
oceanDungeness
Dungenesscrab
crabfishery
fisheryseasons
seasonsestabestab-
lished
Wildlife
with aa
lished by
by the
theState
StateFish
Fishand
and
WildlifeCommission,
Commission, beginning
beginning on
on December
December 1,
1,1995,
1995, with
transferable ocean
ocean Dungeness
Ihrngeness crab
crab permit
permit only
only i1
it:
(a)
(a) The vessel for which application
application is
is made
made was
was continuously
continuously licensed
Licensed pursuant
pursuant totoOHS
ORS
508.260
forthe
the calendar
calendar years
1991
through 1994,
and was
508260 for
ye1991 through
1994, and
was used in
inthe
theocean
oceanDungeness
Dungeness crab
crab
fishery to
in Iawfnfly
lawfully land into Oregon
Oregon ports at
a tleast 500
500 pounds
pounds of ocean
ocean Dungeness
Dungfries6 crab in
in
fishery
each
each of
of two
two crab
crabfisbing
jisbingseasons
seasonsbetween
betweepDecember
December1,11983,
, 1988,and
andDecember
December81,
31,1994;
1994;
(%) The
The vessel
vessel for
for which
whichapplication
applicationisismade
madewas
wasunder
underconstruction
constructionbetween
betweenDecember
December
Ib)
1,
and -4n.gu3t
August 14,
14, 1991,
1991,for
forthe
thepurpose
purpose of
of ocean
ocean Dungeness
Dungencsscrab
crab fishing
fishing in
in waters
waters of
1, 1983,
1988, and
this state,
state, and
andthe
thevessel
vessellawfully
lawfullylanded
landedinto
intoOregon
Oregon ports
portsatatleast
least500
500pounds
poundsof
ofocean
octhis
h g e n e s s crab
crabin
ineach
earhofoftwo
twocrab
crab6shing
fishing
seasons
between
December1,1,1988,
andDecember
December
Dungeness
seasons
between
December
1968, and
31, 1994, and
an Oregon
Orego9 vessel
vessel from
h m the
the date
dateof
ofcompletion;
completion;
31,
and was
was licensed a~
as an
(c) The
Tbe vessel
vessel for
for which
which application is
ia made
made was
was used
wed in
inthe
theocean
oceanDungeness
Dungeness crab
crab
(c)
fish- to
least 500
500 pounds of
of ocean
ocean Dungeness
h g e n e s s crab in
in
Gshei-y
to kwfidb'
lawfuliy'land
land into
into Oregon
Oregon ports
ports at least
of two
twocrab
trabfishing
fkhhgseasons
seamnubetween
betweenDecember
D-ber
1991,and
8ndDecember
Decembar31,
31,1994,
1994, and is
is
each of
1,1,2991,
0-4 by a person
p e m n who,
who, prier
prior to
toDecember
December31,
31,1994,
1994, sold
sale
owned
soldaa vessel
vesselthat
that was
was used
used prior
prior to sale
in the
the ocean
oceanDungeness
M e p e s s crab fishery
finher7 to
h lawfully
lamfully lnnd
Oregon ports at
at least
least500
500 pounds
pounds
in
land into Oregon
of ocean
ocean Dungeness
DupgepeSs crab
crab in
ineach
eachof
oftwo
twocrab
crabfishing
6shingseasons
seasonsbetween
betweenDecember
December1,1,1988,
1988,and
and
of
Desxmber 31,
31, 1994,
vessel's commercial
commercial
December
1994,and
andwho,
who,as
asaacondition
conditionofofthe
thesale,
sale,retained
retained the
the wld
old vessel's
fishing r
ightsto
tofish
fishfor
forocean
ocean Dungeness
Dtmgeness crab
crab in
in the
theocean
oceanwaters
watersof
ofOregon;
Oregon;
fishing
rights
(d) The
waa continuously
contin-ly
licensed pursuant
pursuanttotoORS
ORS
Cd)
Thevessel
vessel for
for which
which applieatiau
applicaticm is
is made was
licensed
508260 for
yeafl 1991
1991 tthrough
h m g h 1994,
1994, was
the ocean
&ceanDungeness
Dungeness crab
crab
508.260
for the
the calendar years
was used
used iP
in the
fishery to
tolawfully
bmfdly land
b dinto
intoOregon
Ongon ports
portsatatleast
ltsst10,000
10,000pounds
pounds of
ofocean
ocean Dungeness
Dungenes6 crab in
in
fishery
onecrab
criibfishing season
SesSOPbetween
betweenDecember
Decenbor1,1,1988,
and December
December 31,
31, 1994,
1994, and
of
one
1988, and
and the
the owner of
v t % d on
onDecember
December 31,
81,1994,
1994, demonstrates
d e n w h t e s possession
possession of one
one or
or more
morevessel
vessellicenses
licenses
the vessel
the
described
in each
east of
described in
in01W
ORS 508.280
508260 in
of 10
10 separate
separateyears
yearsthu-ins
d d gthe
theperiod
periodDecember
December1,1,1960,
1950,to
to
December31,
31,1994:
or
December
1994; or
during
d for
wbich application
application is
is made
madewas
was licensed
licemedpursuant
pursuanttotoORS
ORS508.260
508.2~30during
(e) The vvessel
for which
6 fmt
and was
was used
usad in
iuthe
theocean
oceanDungeness
Dungen- crab
crabfishery
fisheryto
tolawfully
l a W y
1994, is
is !226
feet or
or less
less m
in length and
pounds of
of ocean Dpngeness
Dungenesscrab
crab m
in at least one
intn Oregon
Orports
lea& 100 pounds
one crab
crab
land into
ports at ieas
fishing season
seasonbetween
betweenDecember
Decemtmr1,L1288,
1988.and
andDecember
December31,
31,1994.
1994.
fishing
(2) As
seetion:
(2)
As nsed
used in
in Wlie
this section:
(a) "Crab
"Crab fishing
&hing season"
season" is
is the
thetime
timeperiod
periodfrom
h mDecembez
December I1 of
of one
one year
yearthrough
throu& August
August
next year.
year.
14 of
of the next
@) "Owner"
* h e F indudes
vessel, including interests
arising from
fmm
(b)
includes any
any owned+
ownership interest
interest in a vessel,
interests arising
parthership
partnership or
o rcorporation.
corporation.
established under
under section 2 of
(1) The
The System
system established
of this
this 1995
1995 Act
Act shall
sbd include
indude
SECTION 5. (1)
provisions
provisions to
tn make
make the
thevessel
v e d ocean
oceanDungeness
Dungeness crab
crabpermit
permitrequired
requiredby
bysection
section23of
ofthis
this1995
1995
transferable:
Act trsnsfei-sble
(a)To another
another vessel4
vessel: or
(a)
(b) To the purchaser
pm&a$e of
of the
thevessel
vessel when
when the
thevessel
vessel isissold.
sold.
(N
shaLl not
not be:
be:
(2) The
The vessel
vesselto
to which
whichaa permit
permit is
is -erred
fransfened shall
(a) More
More thaa
than 10 feet
feet longer
longer thaa
than the vessel from
from which
which the
the permit
permit is fransferred
W e r e d ; and
and
(b) M
More
than 99 feet in
ore than
in length.
length.
,subsection (2) of this
permit issued
iasued to
to aa vessel
vessel under
under secsec(3) NoWtt,'
Notwithstanding
this section, a permit
tion 44 (1)(e)
Act shaU
sb.sUbe
betransfnrad
transferred ody
onlyto
to aa vessel
vessel that
that is
(I)(e)of this 1995
1995 Ac$
is 26 feet
feet or
or less
less in
in
length.
leagth.
e r this section
section is subject
subject to the
theapproval
approval of
of the
theState
StateDcDe(4)
of aa permit
permit dunder
(4) Transfer of
partment
of
Fish
and
Wildlife
according
to
such
rules
as
the
State
Fish
and
Wildlife
Compartment of Fish and Wdme according to such rules as the Slate Fish and Wildlife Commission
may adopi
adept Any
mission may
Any fransfer
transfer of
ofaapermit
permitfrom
fmm aavessel
vessel without
without the
the written
written consent
consent of
of
each person holding a security interest in
m the
the vessel
vessel is
is void.
void.
(3)
A vessel
vessel oeearr
oceanDungwess
Durgenesscrab
crab permit
permit shaIl
shall not
not be
be transferred
txansferredto
(5) A
to another
anothervessel
vessel more
more
than
thaaonce
oncein
inaa60-month
60-monthperiod.
period.However,
However,the
theCommercial
CommercialFishery
Fishery Permit
PermitBoard
Boardmay
m a ywaive
waive
the
thewaiting
waiting period
period if
if the
the board
board finds
f h d s that
that strict
shid adherence
adherence to
ta the
the waiting
waitingperiod
period would
wodd create
create
fransfer of
of the
the permit.
permit
M h i p for
for the
the inith-idual
mdi'vidd seeithng
seekiPg transfer
undue hardship
(6)
For purposes
of this
this section,
the length
(6)Fgr
p-ses
of
section, the
Iength of
of as vessel
vessel shall
shall be
be determined
detennbed by
by the
the manmanufacturer's
Pfscturer'sspecification
specificationof
of overall
merall length,
length, United
United States
States Coast
Coast Guard
Guard documentation
docnmentation stating
stating
overall langth
length or aa stnwy
m
yof
ofoverall
o v d length
langhby
by aa certified
certifiedmarine
marinesurveyor,
m e y o r , as
as the
the State
StateFish
Fish
and
Wildlife
Commission
by
rule
shall
establish.
and Wildlife
by rule shall establish
1
"
E m U e d House Bill
B i i 3094
9094
Enrolled
sections
Page 22
-
SECTION 6.6.(1)
section 22 of
of this
this1995
1995 Act
any
SECTION
(1)The
Thesystem
systemestnbli4hed
established rmder
under section
Act shall
shalt include any
other provisions
pmvisions for
Eor participation
participation that
thatthe
theState
State
Fish
and
W~ldlife
Commission considers
consid- apother
Fish
end
Wildlife
Commission
appropriate.
F
P
~
(21 Any
(2)
Any deb
determination
by the commission
regarding tthe
of a vessel to partic'.on by
commission regarding
h e eligibility
eligihiIitg of
particthe ocean
~MIBI
Dpngm~88crab commercial
commescial E
shqa
o transfer
participation rights is
is
ipate in the
Dungeness
fishery
or tto
transfer participation
to review
redewby
bythe
theCommercial
CommercialFishery
FisheryPermit
PennitBoard,
Board,inin
sccordnnce
with
ORS183210
185310
subject to
accordance
with
CUtS
t o 183.550.
lS3.550- The
aiw the
- l i g i i requireminis
of this
to
Theboard
boardmag
mayw
waive
the eeligibility
requirements anhincd
contained in
in section
section 44 of
1995
Actififthe
theboard
boardfinds
findsthat
that the
the individual
individual ffails
to meet
meet the
the requirements
requirements as
as the
the n
result
1995 Act
a& to
dt
of illness,
beyond the
the individusl's
individual's control.
ibea.% fire,
6re, sialdng,
addent or other
other cixcumstances
cjrcmnstances beyond
contml. In
*'1'4"g, accIdent
making a determination
making
determiPstjon of eligibility
this section,
section, the
the board
board shall consider
cossider the appli.
eligibility under
wide, this
m t ' s history
hidory of
of participation
partisation in
inthe
theOregon
Oregonocean
o c ~ Dungeness
m
h g e a e e s crab
crab fishery.
Waery. Orders
Orders issued
isstxed
cant's
by the
co.mnicsion,
the board
board are
srenot
notsubject
subjecttotoreview
reviewbybythe
the
commission,bat
batmay
masbebeappealed
appealedas
mprovided
provided
in
in CBS
ORS183.480
l%SA80to
ta183.550.
183550.
A1.ing vessel
(3)
A ammercial
commercial fishirrg
that holds
permit to Esh
(3) A
veasel thaf
holdsaavalid
vaIidWashington
W d i i n g t o n or
or California
California permit
fish
for
Dungens a'ab
shall
bebeeligible
ininthe
tor ocean
ocaan Daugenaab
shan
eligibletotoparticipate
particripate
theOregon
Oregonocean
oceanDungeness
Ihmgeness a'ab
-b
6shery
frnhery y.c-.#vded
provided the,.
+hereisi areciprocal
recipmcslstaintozy
statntorgauthority
authorityIninWashington
Washington ox'
or California
California that
provides
hr equal
provides for
4access
ncmeafor
forvessels
vesselsholding
holdingOregon
Oregon ocean
ocenn Dungeness
Drmgeness crab
crab permits
permits to
to
Wl'ington
C d i t b m i acoastal
m a dwaters
watersand
andWashington
Washingtonwaters
mkrsof
ofthe
theColumbia
Columbia River.
River. if
E
WashingtonororCaiffonda
such reciprocal statutory
S t a t u b r y authority
authnrityexists,
t&sts,aavessel
vessellicensed
licensedby
byWashington
Washington or
o rCalifornia
Calif&
is
such
is
eligible
participate in
eligible to partiapate
inaccordance
accordanceWith
with rules
rules that
thatestablish
establishreciprocal
reciprocal.border
borderagreements
agreements
that
t'aditional fishing patterns.
that recognize
recognize taditionalfisbipg
(4) The
m 4 ffee
e e to park+te
inthe
theocean Dungeness
Dungenes crab
crab fishery
f i s h q Is
ie $75,
$76, except
(4)
The aannual
participate in
except that
that
the
t h e fee
fee hr
fm1995
IS95is
iswaived.
wuived.
SEXTION 7.
7. The
The State
State Department
of Fish
Fish asd
WiIdlife shall
t o the
the Sixty-ninth
Sixty-ninth
fleartment of
shall report
report to
SECTION
and Wildlife
Legislative
Assemblyoon
the &
number and vessel characteristics
JAgidah Assembly
n the
chaxacteddicaof
of vessels
vessels participating
partiapatmg in
in the
the
ocean
Dungeness crab
crab -erg,
fishery. The
The report
report shall
regarding transfers
transfers of
ocean Dungenes8
nhaLI contain
contain information
information regarding
permits luthorized
rinthorjz%dby
b y this
thisAct
Act and
andactions
d o n sof
ofthe
theCommercial
CommerciaI Fishery
F i e r y Permit
PermitBoard
Board pursupursuant
antto
tosection
section66of
afthis
thisAct,
Ad, and
andshall make
makerecoznnzendatfons
recommendations regarding the
the need,
need, feasibility,
fessibili*,
structure
stauctm-e and
and implementation
implamantaSon of
of aapermit
permitbuy.back
b n p b a c k program
program sponsored
sponsored by
by the
t h e fishing
iishingin..
in-
dastry.
dnstrp.
SECTION 8.
8. URS
ORS 508.920
508920 is
is amended
amended to
to read:
read:
SECTION
508.920.
(1) There
There is
is established witbiu
within the State
508.920. (1)
State Department
DepartmentofofFish
Fishand
andWildlife
Wildlifethe
theCornmerCornmerSi
by the
the State
State Fish
d lFishery
FishersPermit
PermitBoar±
BoardThe
Theboard
boardshall
ahallconsist
,consistof
ofmembers
members appointed
appointed by
Fish and
and
Wildlife
Commissionasasfallows:
follon
Wildlife Commission
(a) Three members shall
shaIl be
be chosen
chosen to
to represent
represent the
theColumbia
ColumbiaRiver
River giflnet
gillnet salmon
salmon fishing
fishing inindusby.
d*.
(b) Three
Thee members
membersshall
shall be chosen
choeen to represent the
the ocean
ocean troll
troll salmon
sdmon fishing
fishing industry.
industry.
(c) Three
Three members
members shall be chosen to represent
represent the
the ocean
ocean pink
pink shrimp
shrimpfishing
fishingindustry.
iadush'.
(d)
Three members
members shall be chosen to represent the
(dl Three
theYaquina
Yaquina Bay
Bay roe-herring
roe-herring fishing
fishing industry.
industrjr.
Ce)
Threemembers
membersshall
shall be
be chosen
chosen to
to represent the
(e) Three
the sea
seaurchin
urchincommercial
commercialfishery.
fishery.
(C
Three mmembers
shall be
be chosen
eness crab
0 Three
e&
shall
k e n to
to represent
representthe
theocean
oceanDung
Dupgeneu
crab fishing
6shing in
in-
dustry.
dustry.
[(B] (g)
public.
[CV]
(g)Two
Twomembers
membersshall
shaltbe
bechosen
chosentotorepresent
represent the public.
(2) A
A member
member of
of the
the board
board shall
shall receive
receive no
no compensation
compensation for
for services
serrices as
asaamember.
member.However,
However.
subject
subject to
to any
any applicable
applicable law
isw regulating
repdating travel,
travd,and
andother
otherexpenses
expensesofofstate
stateofficers
officersand
andemployees,
employees,
'avel and
aa member
member shall
shallbe
be reimbursed
reimbursed for
for travel
and other
otherexpenses
expenses incuned
incurredininthe
theperformance
performanceofofofficial
offcia1
duties.
duties.
(3) The
The board
board slisfl
s h d select
select such
such officers,
officers, for such terms
terms and
and with
with such
such duties
dutiesand
andpowers,
powerr, as
asthe
the
(3)
board considers
considers necessary for
for the
the performance
performsnce of
of those
thoseoffices,
offices.
(4)
A majority
majority of the members of
of the board constitutes
(4) A
constitutes aaquorum
quorum for
fox'the
thetransaction
transactionofofbusiness.
business.
(5)
The board
board &
shall
(5) The
dl
meet at such
6peh times
timesand
andplaces
piacesas
asmay
maybe
bedetermined
detemined by
by the
thechairman
chairmanororby
by
a majority
majori* of the members
members of
of the
the board.
board.
Enrolled
EnroUed House
House Bifi
Bill 3094
3094
Page 33
(6)Notwithstanding
law:
(6)
Notwithstandingany
anyother
otherprovision
proton ofoflaw:
izdtsty sh&
(a)Members
Members of
of the board
board representing
reprenenthgthe
theColumbia
Columbia Rtver
River gi2lnet
& b e t sahzon
salmon fishing
h h i n g industry
(a)
shall
participate in
in actions
actionsof
of the
theboard
boardonly
onlyon
onmatters
mattarsaziSg
arising
under
ORS508.285,
508.285,
508.470and
and508.775
508.775
participate
under
ORS
508.470
to
to 508.796,
508.796.
0)
a r d representing the ocean
ocean troll
tmll salmon
salmon fishing industry shall
shall participate
participate
(b) I'dernbers
Members of
of the
the hboard
actionsofofthe
theboard
baa14only
anlyon
onmatters
mattersarising
arisingunder
under
OXS
308.801toto508.825
508.823toM
[and
508.9911.
in acthns
OkS
508.801
50&
991).
Cc)
Membersofofthe
theboard
boardrepresenring
representg the
(c) Mcmbers
theocean
oceanpink
pinkshrimp
shrimpfishing
fihixg IndUstry
indudly shall
shall participata
pafcicipats
of the board
in actions of
h a r d only
only on
on matters
matterrarising
atisiogonder
underORS
ORS508.880,
508.880,508.883
508.883 and
and508.889
508.889to
to508.910.
508.910.
in
Cd)
M.wthersPiofthe
theboard
board representing
representing the
the Yaquina
Yaqtina Bay
fishing industry shall par(d)Members
Bay roe-herring fifhing
tdpate
tiapateininactions
actionsof
ofthe
tbeboard
board only
o d y on
on tatters
matt^arising
arisingnnder
underORS
ORS506.765.
508.765.
Ce)
Members
theboard
boardrepresenting
repmsentg the
(e) M
e m b s ~of~ofthe
Chesea
seaurchin
urchincommercial
wmmemal fishery
fish- sbsll
shallparticipate
participate in
in
actions of
b a d only on
atters sating
arisingunder
mderORS
OBS508.760.
508.760.
actions
of the
the board
en m
matters
representg the
ocean
Du.ngeness
(f) Mamheff
of the
the board.
bond representing
the
ocean
Dungmess crab
crab fishing
fishingindustry
industry shall
ghsll
Ct)
Meuthen of
participate in
in actions
matters atising
participate
actiona of the
the board
b o d only
only on maarising under section 2 of this 2995 .Act
kt
Passed by House April
Recdved by Govemor
20, 1395
Eapassed by flouse June
tsss
2, 195
ApDroveth
--.." ....- -.......-............-
.....-.- ......"
Chief
Clerk of
of FLouea
CEeC Clerk
Rouse
.-
........--.." .-.--..
-...-..
.....-
.--
&I
.,........
.
........
1995
1995
.......................... -...........................................
Governor
Gorrernor
Speaker of
nf House
Piled
by Office
Oice otofSecretaxy
F
W by
Secretary of
of State:
Stah
1925
Passed by
paem3
bY Senate
q r t c May
May Si.,
s1,195S
199$
President
ef
Senate
Secretary of State
BIll 3094
3094
Enrolled House Bill
Page
Page 4