OCT 21 '96
04:ZEPN ODFW NEWPDRT
P.619
Oregon Fish and Wildlife Commissian
Date: November I, 1996
SUBJECT
SUBJECT
Commercial
hugeness Crab Limited
Limited Entry
Entry Fishery
Commercial Dungeness
PRINCIPLE STAFF
PRlNCIPLE
STAFF
PERSON
Jim Golden
COMMISSION
COMMISSION
AC'TION
ACTION
REQUESTED
REQUESTED
DOCUMENTS
DOCUMENTS
INCLUDED
PHONE:
541-867-4741
PHONE: 541-867-4741
Adopt
ruleswhich
whichclarii5'
clarify existing
existing sratutes
Adopt rules
statutes regarding Limited
limited entry permits
for ocean Dungeness crab
1. Agenda
1.
AgendaItem
Item Smmnary
Summary
2.
report
2. Staff
Staffrepon
3.
RuIes
3, Draft Rules
RELATED
STATUTES
STATUTES
O W508.921
508.921 through
508.941
ORS
tough 508.941
RELATED
RULES
RELATED RULES
OAR635-006-1000
635-006-1000through
through 635-006-1210
OAR
635-006-1210
OCT 21
'96
OCT
21 '96
P.7/9
04:2£lF'M
ODFWNEWPORT
NEWPORT
4:28ptj ODEW
Agenda
Item Summary
PRflE4QnP7)fts1isJJ*4
'
BACKGROUND
i t a t i o n for the commercial
commercial Oregon
h g o n ocean
ocean
License llimitation
Dungeness
crab
fishery
was
implemented
December
1,
Dungeness
3094 by the
the 1995
1995 OreOrc1995 fo1:ollowing
following passage of liD 3094
gon Legislature.
Lcgislahxe.
gon
A Several
- Severalissues
issueshave
havebeen
beenraised
rakedwhich
wluch require
require
clarificationof
of existing rules as
as aaresult
the experiexpenclarification
result of the
ence of
of the department
depafment and
and ttte
Commercial Fishery
ence
the Commercial
inpermit issuance, denials
denials and
md appeals.
appeals.
Permit Board in
B - NB
HB 3094
3094 requires ODFW lo
submt
a
report
to the
to submit
teris1997Legislature
1997
Legislature on the number and vessel characteristics of vessels
vessels participating
pilrticipatlng in the
the ocean
ocean Dungeness
Dungeness
tics
crab fishery.
fishery. The
Thereport
reportmust
mustcontain
contain information
domation reregarding transfe'ers
transfers of permits authorized by the Act and
Permit Board and
actions of thc
the Commercial Fishery Permit
must make recommendations
rewmnlendations regarding the need, feasibility, structure and implementation
implementation of a permit buysibility,
back program
program sponsored
sponsoredby
by the
thefishing
Gshingindustry.
industry.
back
e
Dungeness Crab Commodity
C o d i t y Commission,
Commission, Dungeness
Dungeness
The Dungeness
Board and
and interested
interested members
members of
of the
the industry
industry
Crab Permit Beard
bc contacted
contacted for
for their comments prior to the November
November
will be
Com~nission
meeting.
I1Commission
meeting.
PmLIC
PUBLIC
WVOLVIEmNT
INVOLVEMENT
:
:
' ~ x. . &~ . .~~1.~.. . : .~ .~~
.
.
. ISSUE
.
. .. , : . I,, . .~ , : . ~.~. . .
. ,
~
~
~~
~~~
~
~~
~
LICENSEISSUES
ISSUES
LICENSE
~ . ~
~ .. ~ ,
Defitutoa
of
construct'
for
pin-poses
D
~
~
d
d
p
~
$
;
?
$
o
,
@
~
f&!p@tpore~:b$&ete&&n&~ii
i
i
~
@
.
~ ~ . ~ , ~
. ..
.
.
, ,
.
. >
.
.~ ' 'of. 4etermmtng
,.~ehgibthty
. e ] ~ g for
r~~~~~~~~~.
b permit
~ l ~ ~issue
, ~ r j p<~ "
~ l. .~., :~ ~
!.:~~~!.::.';
~ s:U.". ,~~;.,~ ,~ .
ANALYSIS
ANALYSIS
,
,
~
.'1.~,
~
0
~
~
~~
~~~
~
~
The statute
statute does
does not define
defmc "construction", but
but uses
uses the
the
The
phrase "The vessel
vessel for
for which
which application
applicationis
is made
made was
was
phrase
conspructio~~..".Options
Optionsarc:
are: defme
defineconstrucconstrucunder construction.,.",
tion to I)
1)apply
apply only
only to rn
vesselswhose
whoseconstruction
construction
tion
nw vessels
soleiy for
for the purpose of Dungeness
Dungenas crab
crab fishing
fishing
was solely
and occurred
occurred between December 1,
I, 1988
1988 and
and August
Avgust
and
vessels under14, 1991; or
or 2)
2) consider
consider pjcNin ainlx vessels
going conversion
conmion for
for the
the purpose
purpose of
of fishing
fshing for
for DungeDungegoing
ness crab
crab to
to potentially
potentially qualify
qualify as
as meeting
meeting the
thzstatutory
rtatutdry
ness
construction."
requirement of"under
of "under construction."
thgxbthty for pennit 1S$iie
e
'
~
~
:
: z ~ ' ; : ~ , ~ ; : ~ ; ~ ; ' ~ ~ ~ '
H::
ANALYSIS
ANALYSIS
~
~
. 1
The
"completion.?' This
The statute
statute does not define "completion."
This issue
issue
arises
(1)(b) "and was licensed
licensed as
arises in
inORS
ORS 508.93
508.9311 (l)(b)
as an
an
The
Oregon vessel from the date of
of completion...". The
~
~
'96
OCT 21 '96
P.8/9
04:29pM
04:29PM OPEN
ODFW NEWPORT
NEWOR7
staff proposes that t
he datc
the
date of
of complebon
completion be
be based
based on
on
the first
first date
date the vessel makes a landig
the
landing of Dungeness
Dnngeness
crab
crab in Oregon. Another
Another option
optionis
is to
to use
we an
an occasion
occasion
for which paperwork is typically retained, in order to
licensed in Oregon from
establish that the vessel was licensed
the date
date established
established in an appropriate document. The
The
the
staff
has identified
slafThas
identified several
sevmal documents
documents that would be
appropriate
appropriate under
under option
option 2.
2
ISSUES
crab fishery
OW: 508.926 prov~des
ORS
provides that
that itit iiss unlawful
unlawM to operate a
occati Dungeness
Dungcness crab fishery without first
fust
vessel in the ocean
obtaining a vessel permit
permit The
Theocean
oceanDungeness
Duugeness crab
crab
fisbmg for
fishery is geuerally
generally understood to include
include all fishing
Oregonwaters
watersof
of the
the Columbia
Coimbia river and aalll l other
crabininOregon
cab
water seaward af
of Oregon's
Oregon's coasthe
coastlineand
andriver
rivermouths.
mouths. In
It
order to avoid confusion ovcr
order
over the
the tenn
term "ocean
"ocean Uungeness
Dungenets
crab fishery" itit is
1s recommended
recommendedthat
that this
this definition
definition be
be
crab
in rule.
lulule.
adoptedin
adopted
ANALYSIS
ANALYSES
1SSVt4:cc
I::
gon oceaa Dungene,ss crab permIt if kmdings wer. made
during the wmdowpenod with 4 single delivery license,
lieu of a boat license
ANALYSIS
ANALYSIS
in
ORS
ORS 508.035
508.035describes
describes a single
single delivery license
license as
as a
commerseparate license in the absence of an individuai
individual conimercial fishing
f1shblg and
and boat
boat license.
liceme.
cial
r The
The slatute
statuteis
iiunclear
whether aa single
singledelivery
delivery license
ficense
unclear whether
ofaa commercial
commercial fishing
fishing and boat
boatlilimay be used in lieu of
cense
cense for
for the purpose
purpose of initial
initial eligibility
eligibility for
for a crab
crab
permit.
p d t . ORS
ORS508.931
508.931requires
requiresfor
for initial
initid issuance
issuancethat
thaithe
the
vessel
OJLS
vessel be licensed
licensed continuously
continuouslypursuant
pursuant to ORS
508.260.
508.260.ORS
ORS580.260
580.260speaks
speaksspecifically
specificallyto
to commer
commercia!
does not refer to single
single delivery Iilicial boat licenses
licenses and does
censes.
censes,
a The
The Dungeness
DungenessCrab
CrabPermit
Permit Review
ReviewBoard
Board has
has taken
takenthe
the
position
positionthat
that the
the use
use of
of single
singledelivery
delivery licenses
licensesfor
forthe
the
purpose
eligibilityshould
shouldnot
not be
be allowed.
allowed.
purpose of
of initial
initial eligibility
a Options
Options for consideration include 1)
1) allowing the
the use
use of
of
one
one or
or more
more single
single delivery license
license in
in determining
detemniniog initial
initial
and 2)
2) not
not allowing
allowing the
theuse
use of
of one
one or
or more
more
eligibilityand
eligibility
single
detennining initial
single delivery license
license in determining
initial eligibility.
eligibility.
w
w
OCT 21
21 '96
'96
OCT
04:29Pll ODFId
NEWPORT
@4:29Pt1
OWN NEWPORT
P. 9/9
in Oregon, with or without an oceaaDuugeness cñb
permit
We have been advised that wrthout
without expiicit
explicit authority in
thc statutes,
the
statutes, the better interpretation is that there iiss no
legal authority under the statute to authorize
authorize a single
single
delivexy license
license to be used
wed in
in lieu
ocean DungeDungedelivery
lieu ojan
of an ocean
permit.
ness crab permit.
A single dellvery
delivery license may be used in The
the absence of
The
an individual commernal
commercial fishmg
fishing and
and boat
boat license.
license. The
only other requirement for landing nab
crab is the ocean
Dungeness crab limited
11mited entry pami?.
Dungeness
permit. We conclude that
ocean Dungeness crab may be landed in Oregon using
ocean
a cumbirratiu~
combination of a crab permit and a single delivery lili
ccnse ORS
ORS 508.926
508.926 and 508.035.
508.035. However, because
cense.
codusron on this
?hisissue,
issue, we
we recommend
recommend rules
rules be
of the confusion
adopted.
ANALYSIS
1
ANALYSIS
ANALYSIS
lIE H
*s Applicatjon
Application of the rules for &ansfir
transfer of a permit are
complicated
the term "last
"last 60complicated by the interpretation
inte~retationof thc
60month penod
"A
A permitted vessel with
wit11 a h~story
period."
history of
landings may qualify for transfer ut
in one month, only
only to
im~sfer
one
month
later
because
the
be ineligible
for
ineligible
transfer
Options
60-month period has
has advenced
advanced one
one month
month. Options
include
~nclude1)
I) eliminating
eliminating the 500 pound landing
lnnd'mg requirem a t entirely; and 2) refining the definition
ment
definition of a 60month period to encompass
whole seasons.
encompass whole
seasons.
as recommended by eta (wuivtbe fbl1o'win exceptions)
EFFECTIVE DATE
December 1, 1996
4
OCT 21 '96 10:33!4M ODFW FISH DIVISION
-
P. 14127
OREGON AQM!RIIOSTMTIVE RULES
OREGON DEPARfMENTOF FIW PUUO WILDLIFE
RcptricMVms& Perdt Syu&ffia
Defmiticns
635006-1010 For the m a e of OAR 635-006-1015 through 635-006-1210
[(I)] @"Grab fishing season" is the period fom
ber 1 of one year through August
14 ofthe next year.
[(2)] @ "~~
or " O v d Length" of a vase1 mesns the manufacbrer's specification of
overall length, United Stat- Coast Guard or
e Board re@steredlength documentation
stating overall length or overall length as s
by a c&&
marine e m y o r . In
detmming overall length, marine surveyors shsll measure in a straight line parallel to the keel
from the foremost part of the vessel to the &most part, excluding sheer and excluding bow
spits, boomking, ntddere aft of the tranmm, o u b w d motor brwkets, or ttansom
ions as
in a dive ~tepor p l a t f m . For Utem
s
eof initial ocean Dungeness crab permit issusnce,
length of the vesgel is overall length of the vessel on September 9, 1995.
[(3)]
'"ner"
is any ownemhip interest in a vessel, inoluding interests ariaing f m
partnerships, corporstions, limited liability wrporations, or limited liability p m m h i p s . Owner
does not include a leasehold interest
Div. 005-1
OCT
21 '96
10:33R8 ODFW FISH DIVISION
P. 15/27
OREGON ADMINlSVWTlVE RULES
OMGON M P A m W T O f M W MOWlCDUFE
[(dl]
IB)"Replacement
"Replacementvessel"
vessel"isis aa vessel
vmd purchased
purchased to
tie replace
r q l w a permitted
pmnitted vessel which
[(4)J (f)
which hm
has
event.
the ocean Duqmess
Dungeness crab fmhmy,
fishery, a
been lost
loet due to fire, capsizing, sinking
sinkin8 or 0other
t h went
~ ~ For the
replacement
10 feet greater
greater than the
replaces
replacement vessel shall be no more
mote than
than 10
the vessel which it replaces.
[(S)]
"Sea urchin
wcltinfishery"
fahery"shall
shall mean
meanthe
thecommercial
mmmercialtithing
f a n gfor
forS/ron
S@mgvIwe~~~ro&s
(2) "Sea
gylocentrot us
ram, dS.
nrdS.wbachiemis
(3PUnder conatnictiori" for the purposes of initiaLelivibilkty for an Oregon Ocean
[
(6)] @
for
1(6)1
(2) "Yaquina
"Yaquina Bay &-herring
Roe..herrtng Flsheq"
fishery" shalt
shall mean
mean the
the cclnrnerc2
commercial net fishery
fishery for
Pacific hening
(Cwa hharenguspallasi)
n g u s p I l a $ i )which
whichoccurs
occursannually
anrmallybetween
bBtwmJanuary
January 11and
and April
April 15
15
herring (Chtpea
in Yaquina
Yaquina Bay.
Bay.
Stat. Auth.
ORS 506.119
Auth.: ORSSO&119
F1nt.k4sI.iaw
Intplsmented ORS 506 109
Stat%.
2-1-96
=st.. Adopted
1-24-96, of,
ef 2-1-96
HIM.:
Adopted 1-24-96.
Requinrememt for Permit
635-WC1015(1) The foilawing prcvide gwleral requiremats f a pwmits:
-
Gillnet salmon
salmon - see ORS 50L775;
508.775;
(a) Gillnet
R3t!ttIIT5Il
OCT 21 '96
10:34kM
ODFU FISH DIVISION
P.16/27
(b)
see ORS
@) Troll
Troll salmon
salmon --see
OR§508.801
508 801and
and 508,828;
508 828,
-
(c)
Shrimp - see ORS 508,880
5'08 880 and
2nd 508,883;
508 883;
(c) Shrimp
(d) Scallop
Scallop -- see
see ORS
ORS 508.840
508 840 and
and 508.843;
508 843,
(e) Roe-herring:
Roe-heiring:
It is
is vnlawfid
a r n l ( ~ ~ ( @ dfor
b an individual
individual to operate,
(A) It
operate a vessel in the Yaquina Bay roe-hening
roe-herring
through
fisherywithout
without first
f a obtaining
obtaining aa vessel permit issued
issued pursuant
pureuant to OAR
OAR 635-006-1035 through
fishery
635-006-1095,
635-006-1095;
buy or
(B)ft
It is
is mh&I
for aa wholesaler,
wholesaler, canner
canner or
or buyer
buyer to
to buy
01receive
receive roe-herring
r o e - h e taken
taken in
in the
the
unthwfid for
(B)
fbi wEch
which the
Yaquina
Yaquina Bay
Bay roe-herring
roeherring fishery
fishery from
from aa vessel
vessel h
the permit
permit required
rwired by section
section (l)(e)
(iXe) of
this rule
rulehas
has not
notbeen
beenissued.
issued.
this
(9Sea
Sea Urchin:
Urchin.
(I)
(A) It is
is unlawfrl
4 a w f t l Jfor
f ~an
ran individual
individuaIto
to take
take or
orattempt
attemptto
totake
t&e sea
seaurchins
urchins for
for commercial
commercial
(A)
p u q s a wilhout f
m obaining a permit issued pursuantw OAR 635-006-1035 b u @ 635006-1095,
006-1095;
(B) It
It is
is wilawfiul
u n w J for
urchins taken in
in
(B)
for aa whctl&er,
wholesaler, canner,
canner, or buyer to buy or receivesea
receive sea urchins
thesea
s aurchin
webin fishery
fihehely from
from aa person for which the permit required by section (I)@
the
(IXI) ofthis
of this ruIe
rule
haa not
not been
been issued.
issued.
has
($1 Ocean
ocemDungeness
Dungmas crab:
crab
(g)
Ex- as
ap provided under the
the reciprocity provisions of saction
is r
m
l
h
w
l for
for an
an
(A) Except
section 6 (3),
(3), it is
unlawfrl
individwl to
to operate
operateaa vessel in the ocean Dungmesa
v i t hk
~ t obtaining aa
individual
Dungeness crab fishery vwithout
first
vessel permit
pennit issued
issued pursuant to [section
[seaion 4 or 6,
6, Chapter
Chapter 484, Oregon
Oregon Laws 19951
19951 QES $08331
vessel
or 508341. A single
deliven' linse may not be substituted for an ocean Dungeness crab
Div. 006-3
OCT 21 '96
tLiS 'I
P. 17/27
10:35FtN ODFU FISH DIVISION
! actwt U
1.7fl!jjjjti'cjw
IAIfLrDttnirMlrwI1LiRj1U 'Th
J W..2J'I i1ffTfl
Øn$e SlAvery pamitinhlen otnommereial fisbiutad beatiinase.
(2)
required by mion
section (1)
(1) of this mle
rule are in addition to and not in lieu
(2) The permits requid
lieu of the
commercial
5 and 508.260,
508.260.
m e r a i d fishing
fIehingand
an2boat
boatlicense
licenserequired
requitedby
byOIZS
ORS 508.23
508.235
(3) No
No vessel may
may hold more than
than one vessel
vessel permit
permit for
for a given fishery at any m
one
time.
(3)
e time.
Unless
oth rwise provided,
the
(4) U
nless &wise
provided, vessel
vwed permits
permits must
must be purchased
purehasod by December 31 of the
license year
year.
license
transferred awsy
away &om
from a veseei
vessel withoul
without the
the lien holder"
holder's written
(5) No vessel permit may be tnaosferrd
snen
permission.
(6)Applications
Aapplicatiom for permits shall be in such form and contain
wntain such information aa
(6)
as the
Depar41eflt may presaibe. P m f of length of a v-1
may be required m the time of
application.
application.
Stat. Auth.:
Auth..ORS 506,119
506.119
Stata.
OR9 506.109
506.109
Stats. Impkernenfed:
Implemented: ORS
Adopted 1-24-96,
l-24-96 ef.
Hist.: Adopted
ef 2-1-96
Permit Fee
635-OW1025
in limited
limited entry
entry fisheries
f d & s isi s as
as follows:
follows:
635-006-1025 llte
The annual fw
fee to pdcipate
participate in
(I)
Laws 1989.
(1) Gilinet
Oillnetsalmon
salmon-- $15.
575.See
SeeORS
OR§508.790
508.790and
and Section
SWon6,
6,Chapter
Chapter512,
512, Oregon
OregonLaw
1989.
-
(2)Troll
Tmll salmon
salmon - $75.
$75. See
SeeORS
ORS 508.816
508.816and
andSection
Section6,6,Chapter
Chapter512)
512,Oregon
OregonLaws
Laws1989,
1989.
(2)
Biv.006-4
I?CT 21 '96
18:35RM ODFW FISH
P. 18.127
DIVISION
-
(3) Shrimp $75. See ORS 508.961
S~allop-- $75. See
§W 07(8
OR§ 508.858.
508 858.
(4) Scallop
-
(5) Roe-herring
Roe-htrring - $75. See UPS
(5)
ORS508.165.
508.765
-
(6) Sea
$75. See
508.760.
(6)
Sea Urchin
Urchin -$75.
Ste ORS
ORS 508.760,
(7)OceanDungeness
Ocean Dungmesscrab
crab--$75.
$75.See
See[Section
[Section66(4),
(4), Chapter
Chapter484,
484,Oregon
OregonLaws
Laws1995J
19951
(7)
gJJ108S41(4).
Stat. Auth.:
Stat.
Mith.:ORS
ORS 506.119
506.119
Stats. lnplemented: 01(5 506.109
fist.: Adopted
Adopted 1-24-96,
2-1-96
Hist.:
1-24-96,ci'.
&. 2-1-96
Requimmentc
Eligibility
fur aa Permit
Permit
EligibiliQ Requirements for
635-006-1035
635-006-1035Eligibility
Eligibility for
for aa limited
limitedentry
entrypermit
permitisisas
rrg follows:
follows.
(1) QilInet
salmon --see
see ORS
(1)
Gillnet salmon
ORS 508.784.
508 784.
(2)
salmon -- see
see ORS
O M 50S.810.
508 810
(2) Troll salmon
(3) Shrimp -see
895
- see ORS $08.886
508.886 and
and 508
508295.
(4) Scallop -- see (3RS
07(5 508.852.
(4)
508.852.
-
(5) Roe-hearing
765
Roe-herring - An individual is eligible to obtain the permit required by ORS 508
508,765:
(a) By renewal
permit;
mewal of previous year's pennit,
Throughthe lottery
held
(b) Thu&the
lottery ifif aalottery
lottery is
i#
held in
in accordance
acoordsnca with OAR 635-006-1085.
-
(6) Sea
Sea Urchin - An individual liceneed
508 235 is
licensed as a commerciaf
commercial fishman
fisherman under
under ORS
01(5 508.235
eligible
obtain the
eligible tc
to obtain
Thepermit
permitrequired
requiredby
byOAR
OAR 635-M)6-1015.
635-006-10j5:
I')tta1!I
C!€T
21 '96
10:36kEl ODFl4 FISH DIVISION
P. 19/27
OREGON ABI\AIPIISTM"TVE RULES
OREOW WIPRTWTOF
WH AND rnLDL1rr
year's permit; or
(a) By renewal of previous year's
(b) Through the lotmy
lotteiy if
it a lattery
lottery ia
is held
held in
in accordance
accordancewith
withOAR
OAR635-006-1085,
35-O064085; or
or
(6) Through
aulhorid medical transfer of an existing
existing ppermit
m i t in accordance
(c)
Through aa duly authorized
accordance with
635-006-1095;
63S0064095;
(d) By combining three currently renewed permits into one new permit as p~ovidedin OAR
635-005-1095.
(7) Ocean
Ocean Dungeness
Dungenes8 crab:
crab
Laws
19951
(a) [See Chapte~
Chapter484,
484,Oreen
Oregon
Laws
1995] QB$QLJ;
(b) For
For the
the purposes
pugroses of
of eligibility
eligibilityfor
for the
the ocean Dungeness
(b)
pemhit aa boat
Dungass crab fishery permit,
boat which
which
received
pursuant to
to ORS
Ofl 508.808
received aa license
license waiver issued pursuant
5a8 808shall
shallbe
beconsidered
consideredas
ashaving
having
psossessedaa boat
boat license
license for
for that
that year.
year.
possessed
(c) OIlS 503.931 and 503.941
require that thtvnset be m'evioSv licensed in
accordance with OIlS 503.260 for the purposes of initial theibilAtyior an ocean Dungg
crab fishery permit. A sinØe delivery license mamMisjiktituted for a boat Iicennfr
this eurpose.
fldLpMnosc.
Stat. Auth.: ORS 506.119
Stats. Implemented:
Implsmmted:OIlS
ORS 506.109
506.109
Stats.
Hist.:Adopted
Adoptedl24-96,
1-24-96,cIT.
ef 2-1-96
fist.:
24-96
Revcleation and
nradRefusal
Refussl to
lo Issue Permits
Revocation
Penuits
635-006.1060
635-006-1060 The
The Commercial
Commercial Fishery Permit
Permit Board
Board may
issuance of
cflimited
limited entry
entry fisheries
fisheries pennits
permits as
as fellows:
fallows:
issuance
Ft'Asl'Ia.l
woke and
and refine
r e b e subsequent
subsequent
revoke
OCT 21 '96
P. 20/27
10:36F1N ODFLJ F I S H D I V I S I O N
OREGON ADWIINISTMUVE RULES
OREWN OEPbRTIMMTOF FISH BMD -I=
-
(1)
see ORS
ORS 508.787.
508.787.
(1) Gillnet salmon
salmonpermit
permit see
-
(2) Troll salmon permit - see ORS 508
813.
508113.
(3) Shrimp permit -- see 01(5
QRS 508.898.
508.898.
(4)
permit -- see ORS 508.855
(
4)Scallop permit
508.855.
-
pamit - see
sesORS
ORS 508.485
508.485 and
and 508.490.
508.490.
(5) Roe-hetring
Roe-honing permit
O M 508.485
508.485and
and 508.490.
508 490.
(6) Sea Uichin
Urchin permit --see
see 01(8
-
(7) Ocean Dun&mesm
Dungenesscrab
crabprmit
permit -see
seeOM
01(8508.485
S0$.4Q
(7)
508.485 and 508.490.
Auth.::ORS
01(5 506.119
Stat. Auth
506.119
01(5 506.109
Stats. Implemented: OM
506.109
Hist:
Hist.: Adwed
Adopted 1-24-96,
1-24-96, ef.
of 2-1-95
2-1-96
h i m of Denids
635-006-1065 (1) An individual whose application for issuance or renew1 of a limited
entry permit is denied by the Dqartment may request rmiew ofthe Deptuttnenl's decision by
doing sa in writing to the Commercial Fishery P m i t Board. The pradure for requesting
review aad the appl5cable standard of review shsll be as follows.
(a) Glilnet
Gillnat salmonsalmon-aee
gee ORS
508.796;
(a)
01(8 508.796;
-
508.825;
(b) Troll salaxla
825;
salmon - see ORS
01(5 508
Shrimp ..-see
see QRS
01(8 508.
910;
(c) Sbnmp
508 910,
(d) Scallop
Scallop - see
(d)
see QRS
508.867;
ORS 508.867;
-
(6)
508.765. For the roe-hwinp,
(e) Roe-herring
Roe-herring - see ORS
(iRS 508.765.
roe-herring fishery, tho
the Board may waive
requirements for
for permits
requirements
pemrits if
if the
the Board
Bomd finds
finds that:
that.
Div. 006-7
OCT 21 '96 10:37RD ODFW FISH DIVISION
P. 21/27
OREGON ADMllN1STRBTI$JERULES
OREGON DEPARTNgEAlTOFFISH ltND VYIUIWFE
(A) The
to actively cammercially
commercially fish
fish the
the
The individual
indiwidd for
for personal
p a s o d or economic
econmic reasons chose to
pennit
perrnitvessel
vesselin
in some
someother
otherocean
oman fishery
fishery during
during the
the roe-herring
me-hmring season;
season; or
or
(B) The Board finds that the individual failed to meet the requirements as the
the reault
result of
illness, &dent
accident or other ccircumstances
beyond the
the individual's
individual's control
control.
illnw,
i w t a t l c e s beyond
(1) Sea
Sea Urchin
Urchin -- see
see ORS
ORS 508,760.
508160. For
(0
For the
the sea
sea urchin
urchin fishety,
fishery, the
the Board
k a r d may
may waive
waive
requiremats
requirements for permits if the Board finds that faitwe
failure to
to meet the mmquirements
requirements was
was due to
to
ijury ororcircumstances
beyond
illness, injury
circumstanc~s
beyondthe
thecontrol
controlof
ofthe
thepermittee;
permi-;
-
(g)
Dungeness crab - see
(8) Ocean Dungenes
see [Section
[Section 66 (2).
(Z), Chapter
Chap& 484,
48% Oregon
OregonLaws
Laws1995)
19351
(2) The Board may
Departntent its authoricy
authority to waive rrequirements
m y delegate to the Department
e q u i r ~ e s t for
s
fisheries in suoh
such specific
specific instances as
as the
theBoard
Board sets
setsforth
forth in
in aa letter
letter of
of
renewal of permits in all fheries
delwtion to rhe Department.
the fee is
(3) Foe
For those
W e fisheries
fisheriesrequiring
requiring a $75 application
applimtion fee for
for BBoard
o d review, the
nonrefundable. However, if the Board p
grants
applicant's request, the
nonref'vadabte.
t s the applioant's
the nonrefundable
nonrefundablefee
fee shall
shall
apply toward
toward the
the permit
permit fee.
fee
(4) Orders ism& by the Board are not subjm to rreview by the Cormmiss~on,but may be
appealed as provided in ORS 183 480 to 183.550.
Sta% AuIh ORS 506 119
St&
WINflft4ik?fl)t4S11iItSJ
Intplmented. ORS 506.109
netrul
Hist r7nu&xr
Adopted 1-24-36,
ef. 2-1-96
LgpwItrsa
OCT 21 '96 10:37RM ODFW FISH DIVISION
P. 22/27
OREGON ADMINISTRATIVE RULES
N DEPARWWTOFF W AND WILDLIFE
Renewal of Permit
6350Wlt075(1) &I individd who obtained ir lid& mtq vessel permit may renew the
permit as h l l o w
(a) Gillnet salmon- see ORS 508 781;
(b) Troll s a b n
(6)
-
6ee O
M 508 804,
-
Shrimp see ORS 508. 892;
(ri) Scallop - see ORS 508 849,
-
(e) Roe-herring permit Pernib may be r a w & by submissim to &5 D
ent of a $75
fee and a complete application:
(0 Sea Urchin pennit'
(a)Permits may be renewed by nubmissim to the Depanment of a $35 fee md a ~omplae
applicatian We-smped or postmarked by January 31 of the year for which rsnewd is sought,
and
@I The perminee ahall have anuaUy lawfu11y lmdcd 5,000 pounds of seaurcbins in
Oregon Ifa permim obtained a p m i t later than J m q of the prior year @aauseths pemit
was obtained ttnou& ths \ o w , w as a nsuh of Penait Board adions or s u ~ m d e of
r a permit
by a permit holder), the permittee shall not be required to make the 5,000 pound landing by the
Following Jenuary. M a d , at the next renewal rhereaer, the penniece shall be requifid to
daonatrate lhet the 5,000 pound landing mquirement m s fulfilfed during the first atfull y e a
(hwelve-montln period) in which che permit was held.
-
(g) Ocean Dungeneas crab permit see [Section 6 (41,Chapter 484, Oregon Laws 19951
OCT 21 '96
1!3:38AN ODFW F I S H DIVISION
P.
23/27
OREGON AQMINISTMTBVE RULES
TOF N S M &NO WlLOLlFE
(2) An appli&on for renevral in my linriM entry fiehery shail be amid=& a m p l a e if it
is legible, has dl information r q u d in the form, and is
panied by the requind fee in
full Any applicetioa which is not eamplere ahall be returned, and unless it is thereafter
raubrniw and deemed w m p l a by
31, the individual Bhatf nag be m i d &
t8 have
apelied for renewal in a timely m m e e
(3) It ia the nsponsibility of the permittee to ensure that an application i s complete md is
filed in a timely manner. Failure of tlre Dwartmen9 to r a m an application for incompleteness
or of an indivibal to receive a returned applicraion shall not be gmwnds for treating the
application as having been filed in a timely and complae manner.
Stat. Auth.: ORS 506.119
Sets.Implemented: ORS 506.109
Hist .Adopted 1-24-96, ef. 2-1-96
Traasferabiiity of Parmits
a5-006-1095 Any transfer of a permit away from a vessel without the w r i w consent of
eacA person holding a security inter& in suchmsel is void. The following rules apply to
trmfep of limitad entry fishery permits:
-
(1)
Gillnet salmon see ORS 508.793
(2)
Ti-& ~slmon see QES 508 822.
-
-
(3) Shrimp see ORS 508.907.
(4) ScsUop -see ORS 508.864
k'inNsisraIfl
OCT 21 '36
10:33RM
ODFW FISH DIVISION
P. 24/27
OREGON ADNIINISTMTIVE RULES
QTPAR'MPNT OF FISH AND WLDUFE
Roe-herring:
(5) Roe-herring.
permit
transferable to:
(a) A p
m i t is
is transferable
to:
(A) A replacement vessel of the permit holder; or, upon request of a permit holder, the
Department
Departmentmay
may authorize
authorb transfer
transfer of'
of a permit to
to aa replacement
replacement vessel
vessel owned
cnrrned by
by an
an individual
individwl
other than the
the permit holder,
holder, However, any transfer of aa permit away from aa vessel without the
is void,
void;
vessel is
written consent of each person holding a security interest in such vessel
(B) The purchaser of the
the vessel when
when the
the vessel
vessel is
is sold.
sold.
(6) Sea
Sea Urchin:
Urchin:
(6)
(a) Medical Transfers:
If me
the number of
Department may
Trasfexs: If
cf permits is at 31
3 1. or more, the Dqpartment
authorize a permit to be trmfenrd
transferred to a specified individuak
individual for up to
to 90 days upon petition by a
aulhoriz
Department. %
ppermittee
m i a e e on the form provided by the Dqartmwnt.
3The DDepartment's
s p m n t ' s decision
decision to
to allow
allow aa
transfer
transfer shall
shall be
be based on
on aa finding
ftadingthat
thatthe
the current
cunent permit
permit holder is unable
unable to participate
partiepa* in the
the
fishery due to
to injury or illness which prevents diving, based on medical evidence submined
submitted by
evidence the D
Department
considers reliable.
reliable. At the end of the
the permit
pennit holder
holder and such
~ u c hother evidence
q m e a t considas
transfer period,
period, the
the transfer
m f e r may be renewed
r e n e d by the Department
Depaaent to the original transferee or to aa
transferee, provided that
again submits medical evidence dooumenting
documenting that the
new transferee,
that the
the pernzittec
perminee agarn
the
to prevent
preventthe
the permittee's
permittee's return
return to
to diving The
injury or illness continues to
The total
total amount
amount of time aa
permit may be transferred
(beginning with the frrst
first medical transfer in
transfenred shall
&hallnot exceed two years
yearn @eginnh
1996).
When
of permils
permits rreadies
1996). W
e n the total number of
e a h a 30
30 or
or less
lee8 the
the Department
D q m m t shall
shall not
not allow
atlow any
any
pemit -fa
for any medical reason;
reason,
permit
transfers for
(b) If the Department, or the Board, after
Department, allows a
@)
aAer review of a denial by the Department,
transfer,
uansfer, the
the original
wigmi pennit
permitholder
holdershall
shallgive
givewritten
writtennotice
noticeto
to the
the Department
D e p m e n t of
of the
thename,
namq
Biv.
006-1 1
Div. 006-11
OCT 21 '96
10:39QR
ODFW FISH DIVISION
P. 25/27
OREGON ADM~NlSPaAT~VE
RULES
AITW RSU AND -LIFE
at any
any time
transferee The
The original permit
pennlt holder
holder may?
mayYat
address and telephone
telephone number of the transferee.
transfer period
period specifred
specified iin
subsection(6)(a),
(6)(a),request
rejuest the
the Depattment
Department to
to trans&
transfer the
the
during the transfer
n subseclion
original permit holder.
holder. Such
Such transfer requires 30
30 days' written
m e n notice
noticeto
tothe
the
permit back to the original
Department.
D e p m e n t . In
In any event,
eventt upon expiration
expiration of
of the
the transfer
transferperiod specified
specified in
in (6)(a),
(@(a), or
or upon
widence of continuing inability to dive, the
cancellation of a transfer due to lack of medical evidence
ppermit
e m t shall revert
automaticallyto the original permit holder, unless the transfer is renewed, as
revert automatically
in subsection
subsection (6)(a)
(6)(a) of &S
this nile;
provided in
mle,
The total landings
landings of sea urchins
(c) The
urchins by all transferees of a permit shall not exceed the
greater of either
greater
either of the
the following
folio&ng amounts:
mounts'
(1) Up to 5,000 pounds per 90-day period, not to exceed
annually; Or
(I)
excwd 5,000 pounds annually:
or
amount landed by the original pertnit
permit holder in the prevlous
previous
(2) Twenty-five percent of the mount
season's catch,
catch, for
for each
each90-day
90-day period.
period
(d) Combination Permit Transfers:
Transfers: If the number of permits
pewits is at 31 or more, the
Department
Department may
may transfer
transferpermits
permits from
from one
oneperson
personto
toanother
anotheras
asfollows:
follow5
(A) The
The individual
inmv~dualreceiving
receiving the
the transferred
trwsfmed permit
permit(the
(thepurchaser)
purchaer) obtains
obtainsrio
no more
morethan
than
in which the
three
pennit is
each of
ofwhich
whrch is
is valid
d i d for
for the
the current
current year
ypar in
?he permit
is purchased,
purchased,
three total permits, each
from
permit
from existing
ex~sturg
perniit holders;
holders,
the three permits Into
into a single new
new pennit
permit issuad
issued to
to the
the
(B) The Department combines the
/
purchaser; m
and
purchaser$
d
(C) No &ansf&
fransferred p@nmit
permit is valid
valid for harvesting sea whins
urchins mil
until mnditions
conditions ($)(A)
(d)(A) and
(d)(B) are
transferred may not be used individually
individually and are
(d)(B)
are met. Individual
Individual permits
pennats which are transferred
permithas
has been
beentransferred
-sferred in
m accordance
accordance wi&
individual to
Onceaa pennit
not renewable Once
with (d)(A) the individual
Div. 006-12
OCT 21 '96
10:40QM
ODFU
FISH
DIVISION
P.
26/27
OREGON ABNHNiSTWTiVE RULES
whom the
transferred has up to 24
the permit
permit has
has been
beenhansferred
24 months
months from the date
date of transfer
transfep to combine
combine
two others
it with hrro
others to create
create a valid new permit.
(e) When
Wl~mthe
the total
total number
number of
of permits
pennits reaches 30
30 or
or less, the
the Department
Department shall approve
approve the
the
transfer of any permit
pennit to
to any
any purchaser
purchaser of the
the permit,
permif provided
provided that not more
more than
thao one
one sale
sate or
01
transfer of the
transfer
the pennit
pesmltoccurs
occur8within
within that
that calendar
calendaryear.
year
(7) Ocean Dungeness
Dungass crab -- see [Section
[Senion 5, Chapter 484, Oregon Laws 1995j
19951 OHS S0&936
(7)
a*
and
and:
(a) The vessel permit is
has lmded
landed at
1s transferable provided the vessel holding the permit has
& fishing
fishmg seasons in the last I
60
least 500 pounds of ocean Dunpess
Dungeness aab
crab in
ineach
eachof
oftinro
twoa
ctM
[60
months] five
durine ihe
st six
months]
live crab
crab seasons, or
orjbwsng
Thehlast
sixcrab
crab=oms
seasonsififaaaticaticn
applicationisismade
madeduring
durine
the season,
season. Crab
Crabfishing
fishingseason
seasonmeans
means ocean Dungenesv
However,the
theBoard
Board
the
DuizEenesscrab
crabsesson
nsn. However,
may waive the landing
requirement a.
as well as the 60-month waiting ptod
period gmv~ded
provided by
by [[Section
Swn
landing requvemenr
5, Chapter
OHS
Chapter 484 Oregon Laws 1995]
19951 O
B 508.9%
508.m6ififthe
theBoard
Board finds
findsthat
?hatstrict
strict adherence
adfimce to
to
these
requirements would create undue hardship to the individud
these requirements
individual seekmg
seeking to
to transfer
transfer a permit
permit
The
Department its authority
f he board also
also may delegate
delegate to the Department
authority to waive these requirements in such
as the Board sets
sets forth
forth in
in aa letter of
of delegation to
to the
the Department;
Department
specific iinstances
n s m a as
(b) The vessel permit is hmferable
transferable:
(b)
(A) To another
mother vessel;
vessel, or
(B) TO
Td the
is sold.
the purchaser
purchaser of the vessel when the vessel is
is transferred,
t r a m f d , with
vnlk the
the exception
exception of
of vessels covered by (d),
(c) The vessel to which a pennit
peunit is
shall not
not be:
Div. 006-13
OCT
OCT 21
21 '96
'96
1g:4@PM
FISH DIVISION
DIVISION
10:40AN ODF1-J
ODFW FISH
P.27/27
P.27/27
OREGON ADMlNlST%aAT!VE RULES
OREGON DEPARmMT OF FISH AND WlLDUFE
(A) More
10 feet
feet longer
longer than
than the
the vessel
vessel from
from which
which the
the permit is trmfrred,
transferred, and
More Than
than 10
(B) More
More than
than 99
99 feet
feetin
in length,
length.
(d)
(d) Permits
Permits obtained as
as aa result
result of
of qualifying
qualifying under section [(4)(l)(d)
[(4)(l)(d) of
ofChapter
Chapter484,
484,
508.931 may only
onlybe
be transferred
transferred to
to vessels
vessels of
ofa
length of
of 26
26
Oregon
(IMel of OIlS 505.931
a length
Oregon Laws
Laws 19951
1995) [lWe>
feet
feet or
orless;
less;
(e)
transferring permits
(e) The
The length
length of
of aa vessel
vessel for
for purposes
purposes of
oftransferring
pe?rmits is
is the
the length
length of
of that
that vessel
vessel on
on
September
September 9, 1995,
1995,unless
unless subsequently
subsequentlymodified
modified to
to increase
increaseits
itslength;
length,
(1)
vessels
section (dl,
(d), transfer of permits is limited to vessels
vesstls no
(9Except
Exwpt for v
~ s e l described
s
in sectioa
no
more
previously
morethan
than10
10feet
feetlonger
l m g mthan
thaathe
thepermitted
permiiedvessel,
vessel,regardless
regardlessofoflengzh
lengthof
ofvessels
\~essets
previously
holding
the permit;
permit,
holdingthe
(g)
(g) In
In the
the event
event aa vessel
vessel is
is destroyed
destroyed due
due to fire, capsizing,
capsinng, sinking
sinkingor
or other
other event, the
the vessel
has up
up to
to two
two years
yeass to
to transfer
transfa the
the ocean
oceanDungeness
Duageness crab
crab fishery
fishery permit
pennit to aa replacement
replacemmt
owner has
owner
vessel.
vessel^
Stat.
Stat.Auth.;
Aurh.: ORS
ORS 506.119
506.119
Stats.
Stats. Implemented;
Implemented;ORS
ORS506.109
506.109
Hist.:
ef.
Hist.:Adopted
Adopted 1-24-96,
1-24-96,
ef 2-1-96
2-1-96
Div.
Div. 006-14
006-14