2007 Oregon Code - Chapter 508 :: Chapter 508 - Licenses and Permits
Chapter 508 —
Licenses and Permits
2007 EDITION
LICENSES AND PERMITS
COMMERCIAL FISHING AND FISHERIES
GENERAL PROVISIONS
508.006Â Â Â Â Definitions
508.011Â Â Â Â Activities
relating to oysters exempted
WHEN LICENSE REQUIRED
508.025Â Â Â Â License
required to take, process or deal in fish
508.030Â Â Â Â License
required for fishing gear
508.035Â Â Â Â Separate
licenses required for certain fishing gear and activities
508.040Â Â Â Â Unlawful
to knowingly buy or receive fish from unlicensed person
508.045Â Â Â Â Exemption
of retail fish dealers
PERMITS AND SPECIAL LICENSES
508.106Â Â Â Â Permit
to take carp or other nongame fish; fee
508.111Â Â Â Â Permit
to take food fish for educational and scientific purposes
508.116Â Â Â Â Permit
to take animals living intertidally on bottom
508.121Â Â Â Â Juvenile
jig line license
LICENSES AND REGULATION OF LICENSEES
508.235Â Â Â Â Commercial
fishing license
508.240Â Â Â Â Acts
by commercial fishing licensee prohibited
508.260Â Â Â Â Boat
license; plates; decals; rules
508.265Â Â Â Â Boat
licensing constitutes registration for purposes of federal laws
508.270Â Â Â Â Fishing,
boat license fees in lieu of other taxes and licenses on crab pots; reports to
county assessor
508.285Â Â Â Â License
fees
Note         Surcharge
through 2009--1989 c.512 §6
508.300Â Â Â Â Albacore
tuna landing license in lieu of other licenses
508.306Â Â Â Â Fish
bait dealer license; authority of commission to designate fish or shellfish
bait
508.312Â Â Â Â Commercial
bait fishing license; license in lieu of commercial fishing and boat licenses
508.316Â Â Â Â Disqualification
from receiving more than one single delivery license
508.326Â Â Â Â Commercial
Fisheries Fund; uses
ISSUANCE, APPLICATION, CONTENTS, WHERE VALID, TRANSFERRING, TERM,
LOCATION ABANDONMENT
508.406Â Â Â Â Director
or agent to issue and renew licenses
508.410Â Â Â Â Contents
of license applications
508.415Â Â Â Â Security
for fees
508.445Â Â Â Â Certificate
evidence as to license issuance
508.450Â Â Â Â Contents
of license
508.460Â Â Â Â
508.465Â Â Â Â Licenses
nontransferable
508.470Â Â Â Â When
licenses expire; renewal
508.475Â Â Â Â Failure
to renew license for fixed fishing gear constitutes abandonment; exception for
Armed Forces
508.480Â Â Â Â Failure
to construct or install fishing gear held to be abandonment
508.485Â Â Â Â Revocation
and refusal to renew license for violation of commercial fishing laws or rules
or theft of crab fishing gear
508.490Â Â Â Â Refusal
to issue license within two years after license revocation
508.495Â Â Â Â Certificate
in lieu of lost or destroyed license; fee
508.500Â Â Â Â Alteration,
false application and multiple possession of licenses prohibited
CATCH FEES
508.505Â Â Â Â Additional
fees based on value of fish at time of landing; exceptions
Note         Additional
fee through 2009--1989 c.512 §8
508.510Â Â Â Â Place
where fish caught is immaterial; exceptions; special fee
508.515Â Â Â Â Time
of paying fees; report; interest on overdue fees; waiver or extension of
payment
508.520Â Â Â Â Determination
of disputes
508.525Â Â Â Â Lien
for unpaid fee; foreclosure; jurisdiction of courts
508.530Â Â Â Â Rules;
reports; violation or falsification
508.535Â Â Â Â Keeping
record of food fish received and bought; inspection
508.540Â Â Â Â Failure
to keep or submit records or to pay fee
508.550Â Â Â Â
SALMON HATCHERY PERMITS
508.700Â Â Â Â Permits
for salmon hatcheries; fees
508.705Â Â Â Â Hearing
for permits
508.710Â Â Â Â Grounds
for denial of permit
508.715Â Â Â Â Conditions
of permits
508.718Â Â Â Â Program
for protecting natural runs and genetic diversity of anadromous fish stocks;
rules; findings
508.720Â Â Â Â Altering
terms of permits; findings; hearing; restoration of fish population
508.725Â Â Â Â Released
fish as state property; consideration by commission of adverse economic impact
on hatcheries
508.730Â Â Â Â Disposal
of salmon products
508.735Â Â Â Â Application
of chapter to taking and sale of salmon
508.737Â Â Â Â Policy
for marketing of salmon products
508.740Â Â Â Â Authority
under ORS 508.700 to 508.745
508.745Â Â Â Â Disposition
of moneys received under ORS 508.700 to 508.745
COMMERCIAL FISHERY PERMIT BOARD
508.755Â Â Â Â Membership;
duties; meetings; expenses
RESTRICTED PARTICIPATION SYSTEMS
508.760Â Â Â Â Sea
urchin limited participation; terms; conditions; fees; rules
508.762Â Â Â Â Review
of denial of sea urchin permit renewal or transfer; fee; rules
508.765Â Â Â Â Roe-herring
limited participation; terms; conditions; fees; rules
RESTRICTED VESSEL PERMIT SYSTEMS
(
508.775Â Â Â Â Vessel
permit required to engage in fishery; purchase of fish by dealer from
individual without permit prohibited
508.778Â Â Â Â Limitation
on issuance of permits
508.781Â Â Â Â Renewal
of permit; rules
508.784Â Â Â Â Considerations
in determining eligibility for permit
508.787Â Â Â Â Permit
revocation procedure
508.790Â Â Â Â Fee;
application form
508.792Â Â Â Â Lottery
system for permit issuance
508.793Â Â Â Â Permit
transfer restrictions
508.796Â Â Â Â Review
of permit denial; fee; rules; limitation on transfer of certain permits
(Ocean Troll Salmon Fishery)
508.801Â Â Â Â Vessel
permit required to engage in fishery; purchase of fish by dealer from
individual without permit prohibited
508.804Â Â Â Â Restriction
on issuance of permits
508.807Â Â Â Â Renewal
of permit; replacement vessel; rules
508.808Â Â Â Â Special
renewal and fee provisions
508.810Â Â Â Â Considerations
in determining eligibility for permit
508.813Â Â Â Â Permit
revocation procedure
508.816Â Â Â Â Fee;
application form; rules
508.819Â Â Â Â Lottery
system for permit issuance
508.822Â Â Â Â Permit
transfer restrictions; rules
508.825Â Â Â Â Review
of permit denial; rules; fee
508.828Â Â Â Â Single
delivery license in lieu of vessel permit
(Ocean Scallop Fishery)
508.840Â Â Â Â Vessel
permit required to engage in fishery; purchase of scallops by dealer from
individual without permit prohibited
508.843Â Â Â Â Use
of single delivery license in lieu of permit; reciprocity of law
508.846Â Â Â Â Issuance
of permits restricted
508.849Â Â Â Â Renewal
of permit
508.852Â Â Â Â Considerations
in determining eligibility for permit
508.855Â Â Â Â Permit
revocation procedure
508.858Â Â Â Â Fee
508.861Â Â Â Â Lottery
system for permit issuance; rules
508.864Â Â Â Â Permit
transfer restrictions
508.867Â Â Â Â Review
of permit denial; fee; rules
(Ocean Pink Shrimp Fishery)
508.880Â Â Â Â Vessel
permit required to engage in fishery; purchase of shrimp by dealers from
individual without permit prohibited
508.883Â Â Â Â Use
of single delivery license in lieu of vessel permit; reciprocity of law
508.886Â Â Â Â Limitation
on number of permits; eligibility
508.889Â Â Â Â Issuance
of permits limited
508.892Â Â Â Â Renewal
of permit; rules
508.895Â Â Â Â Considerations
in determining eligibility for permit
508.898Â Â Â Â Permit
revocation procedure
508.901Â Â Â Â Fee;
application form; rules
508.904Â Â Â Â Lottery
system for permit issuance
508.907Â Â Â Â Permit
transfer restrictions
508.908Â Â Â Â Limits
on authority of Commercial Fishery Permit Board to prohibit transfer of valid
pink shrimp vessel permits
508.910Â Â Â Â Review
of permit denial; fee; rules; limitation on transfer of certain permits
508.913Â Â Â Â Issuance
of permits for vessels engaged in groundfish fishery; permit transfer
restriction
508.915Â Â Â Â Negotiations
to establish reciprocal agreements pertaining to pink shrimp
(Ocean Dungeness Crab Fishery)
508.921Â Â Â Â Findings;
rules
508.926Â Â Â Â Vessel
permit required to engage in fishery; purchase of crab by dealer from
individual without permit prohibited
508.931Â Â Â Â Eligibility
for permit
508.936Â Â Â Â Permit
transfer restrictions; rules
508.941Â Â Â Â Review
of eligibility determinations; reciprocity with other states; fee
(Black and Blue Rockfish and Nearshore
Fishery)
508.945Â Â Â Â Vessel
permit required; rules; purchase of black or blue rockfish or nearshore fish
from individual without permit prohibited; exemptions
508.947Â Â Â Â Eligibility
for permit; renewal; rules
508.949Â Â Â Â Fees;
application form; rules
508.951Â Â Â Â Black
Rockfish, Blue Rockfish and Nearshore Species Research Account; sources; uses
508.953Â Â Â Â Log
book required; collection and report of data
508.955Â Â Â Â Lottery
system for permit issuance; rules
508.957Â Â Â Â Permit
transfer restrictions
508.960Â Â Â Â Review
of permit denial; fee; rules
     508.005 [Repealed by 1965 c.570 §152]
GENERAL PROVISIONS
     508.006
Definitions. The definitions
prescribed by ORS 506.001 to 506.025 apply to this chapter. [1965 c.570 §58]
     508.010 [Repealed by 1965 c.570 §152]
     508.011
Activities relating to oysters exempted. This chapter does not apply to oysters or to any activity of any
person relating to oysters. [1965 c.570 §59b]
     508.015 [Amended by 1963 c.246 §3; repealed by 1965
c.570 §152]
     508.020 [Amended by 1953 c.656 §6; 1961 c.374 §1;
repealed by 1963 c.246 §4 (508.021 enacted in lieu of 508.020)]
     508.021 [1963 c.246 §5 (enacted in lieu of 508.020);
repealed by 1965 c.570 §152]
WHEN LICENSE
REQUIRED
     508.025
License required to take, process or deal in fish. (1) It is unlawful for any person, without
first procuring a license from the State Fish and Wildlife Commission, to:
     (a) Take food fish in any of the waters of
this state for commercial purposes or land food fish in this state for
commercial purposes.
     (b) Buy, sell or otherwise deal in food
fish for commercial purposes.
     (c) Process or can food fish for
commercial purposes.
     (2) In a prosecution under this section,
it is no defense that a person did take the personÂ’s own food fish for
commercial purposes. [1965 c.570 §60]
     508.030
License required for fishing gear. It is unlawful for any individual to operate, or leave in a condition
to take food fish in any of the waters of this state, any fishing gear used in
taking food fish, without first obtaining from the State Fish and Wildlife
Director or the authorized agent of the director such license as may be
prescribed by this chapter. The license must be in the possession of such
individual at the time the fishing gear is being used. [1965 c.570 §61]
     508.035
Separate licenses required for certain fishing gear and activities. (1) Separate licenses are required for each:
     (a) Person other than an employee
operating as a canner of food fish.
     (b) Person other than an employee
operating as a wholesale fish dealer, for each separate place of business.
     (c) Individual acting or engaged as a fish
buyer by a person licensed under paragraph (a) or (b) of this subsection.
     (d) Person licensed under paragraph (a) or
(b) of this subsection, for each permanent site or location operated by such
person as a fish-buying station.
     (e) Individual taking or assisting in the
taking of food fish for commercial purposes as described in ORS 508.235.
     (f) Boat, used in taking food fish for
commercial purposes, as described in ORS 508.260.
     (g) Single delivery of food fish from the
     (h) Person other than an employee
operating as a fish bait dealer, for each separate place of business.
     (i) Individual taking or assisting in the taking
of food fish for sale to a fish bait dealer.
     (2) The State Fish and Wildlife Commission
shall classify and define the various licenses provided for in this section and
shall direct the State Fish and Wildlife Director to issue licenses accordingly
and the classification shall be final. [1965 c.570 §62; 1969 c.172 §1; 1971
c.540 §4; 1973 c.768 §19]
     508.040
Unlawful to knowingly buy or receive fish from unlicensed person. It is unlawful for a wholesaler, canner or
buyer to buy or receive food fish from a person who the wholesaler, canner or
buyer does not have reasonable cause to believe is licensed as required under
ORS 508.035, unless such person is exempt from the requirements of ORS 508.035.
[1965 c.570 §62a]
     508.045
Exemption of retail fish dealers. Notwithstanding ORS 508.025 and 508.035, no license is required to
handle or deal in food fish and shellfish for human consumption as a retail
fish dealer. [1965 c.570 §63; 1969 c.172 §2; 1971 c.540 §5]
     508.105 [Amended by 1955 c.176 §1; 1963 c.246 §6;
repealed by 1965 c.570 §152]
PERMITS AND
SPECIAL LICENSES
     508.106
Permit to take carp or other nongame fish; fee. (1) Upon receiving a written application
therefor, accompanied by a fee of $3, the State Fish and Wildlife Commission
may issue to any person a permit to take carp or other nongame fish.
     (2) The kind or kinds of fish, the method
to be used and the name and location of the body of water from which the fish
are to be taken, shall be specified in the permit.
     (3) After having obtained a permit as
provided for in subsection (1) of this section, and subject to any rules of the
commission, any person may take carp or nongame fish from any of the waters of
this state described in the permit.
     (4) It is unlawful to:
     (a) Retain any fish other than described
in the permit in connection with the use of any permit issued under subsection
(1) of this section, and any other fish taken shall at once be set free; or
     (b) Take any fish for commercial purposes
by a permit issued under subsection (1) of this section without first having
obtained a license under ORS 508.035. [1965 c.570 §64; 1973 c.768 §12; 1975
c.253 §30]
     508.110 [Amended by 1963 c.246 §7; repealed by 1965
c.570 §152]
     508.111
Permit to take food fish for educational and scientific purposes. The State Fish and Wildlife Director may
issue to any person a permit to take food fish solely for educational and
scientific purposes. [1965 c.570 §64a]
     508.115 [Repealed by 1961 c.156 §1]
     508.116
Permit to take animals living intertidally on bottom. (1) The State Fish and Wildlife Director may
issue to any person a permit to take animals living intertidally on the bottom.
     (2) It is unlawful to take animals living
intertidally on the bottom for commercial purposes by a permit issued under
subsection (1) of this section without first having obtained a license under
ORS 508.035. [1965 c.570 §64b]
     508.120 [Amended by 1963 c.246 §8; repealed by 1965
c.570 §152]
     508.121
Juvenile jig line license.
(1) Any juvenile may secure from the State Fish and Wildlife Commission free of
charge a juvenile jig line license to take herring, pilchard, perch, anchovies
and candlefish by a hand or jig line and to sell such fish so taken by the
juvenile to a wholesale fish dealer or a fish bait dealer.
     (2) As used in this section, “juvenile”
means any individual 17 years of age or younger as of January 1 of the year for
which the license is issued.
     (3) The license, for the purposes
authorized in this section, is in lieu of the commercial fisherman and boat
licenses required under ORS 508.235 and 508.260. [1965 c.103 §2; 1971 c.540 §8]
     508.125 [Amended by 1963 c.246 §9; repealed by 1965
c.570 §152]
     508.130 [Amended by 1959 c.128 §1; repealed by 1963
c.246 §12]
     508.135 [Amended by 1963 c.246 §10; repealed by 1965
c.570 §152]
     508.140 [Repealed by 1963 c.246 §12]
     508.145 [Repealed by 1963 c.246 §12]
     508.147 [1955 c.238 §2; repealed by 1963 c.246 §12]
     508.150 [Repealed by 1963 c.246 §12]
     508.152 [1955 c.238 §3; repealed by 1963 c.246 §12]
     508.155 [Amended by 1953 c.656 §6; repealed by 1963
c.246 §12]
     508.160 [Amended by 1955 c.167 §1; repealed by 1963
c.246 §12]
     508.165 [Repealed by 1963 c.246 §12]
     508.170 [Repealed by 1963 c.246 §12]
     508.175 [Repealed by 1963 c.224 §7]
     508.180 [Amended by 1953 c.656 §6; 1959 c.401 §1;
1961 c.374 §2; 1963 c.224 §1; repealed by 1965 c.570 §152]
     508.185 [Repealed by 1963 c.224 §7]
     508.190 [Amended by 1963 c.224 §2; repealed by 1965
c.570 §152]
     508.195 [Amended by 1953 c.656 §6; repealed by 1961
c.374 §4]
     508.200 [Amended by 1963 c.224 §3; repealed by 1965
c.570 §152]
     508.205 [Repealed by 1963 c.224 §7]
     508.210 [Repealed by 1963 c.224 §7]
     508.215 [Amended by 1963 c.224 §4; repealed by 1965
c.570 §152]
     508.220 [Amended by 1955 c.177 §1; repealed by 1963
c.224 §7]
     508.223 [1963 c.246 §2; repealed by 1965 c.570 §152]
     508.225 [Amended by 1955 c.279 §1; 1957 c.134 §1;
repealed by 1965 c.570 §152]
     508.230 [Amended by 1963 c.224 §5; 1965 c.570 §83;
renumbered 508.290]
LICENSES AND
REGULATION OF LICENSEES
     508.235
Commercial fishing license.
(1) A commercial fishing license must be obtained by each individual who, for
commercial purposes:
     (a) Takes or assists in the taking of any
food fish from the waters or land of this state;
     (b) Operates or assists in the operation
of any boat or fishing gear for the taking of food fish in the waters of this
state; or
     (c) Lands food fish from the waters of the
     (2) A commercial fishing license must be
in the possession of the licensee, when engaged in the taking or landing of
commercial fish, and is required in addition to any other license under this
chapter.
     (3) Notwithstanding any other provision of
this section or ORS 508.035, upon application of the holder of a boat license,
the State Fish and Wildlife Commission shall issue to the applicant in the name
of the boat, one commercial fishing license for each individual who assists the
holder of the boat license in the taking of fish for commercial purposes.
Notwithstanding ORS 508.465, licenses issued pursuant to this subsection are
transferable to all individuals who assist in the taking of fish for commercial
purposes on the boat for which the licenses are issued. Notwithstanding ORS
508.285, the fee for the license issued pursuant to this subsection is $85 for
each individual. [1965 c.570 §77; 1993 c.501 §1]
     508.240
Acts by commercial fishing licensee prohibited. It is unlawful for any person licensed to
take food fish for commercial purposes, as required under ORS 508.035, to:
     (1) Keep any food fish the person takes
under such license for personal use; or
     (2) Sell any food fish the person takes
under such license to other than a wholesaler, canner, fish bait dealer or
buyer licensed as required under ORS 508.035. [1965 c.570 §77a; 1971 c.540 §6]
     508.245 [1965 c.570 §78; repealed by 1973 c.768 §20]
     508.246 [1977 c.245 §2; repealed by 1979 c.679 §13]
     508.250 [1965 c.570 §79; repealed by 1973 c.768 §20]
     508.255 [1965 c.570 §80; repealed by 1973 c.768 §20]
     508.257 [1969 c.172 §7; repealed by 1973 c.768 §20]
     508.260
Boat license; plates; decals; rules. (1) A boat license must be obtained by the owner or operator of any
boat used in taking food fish or shellfish for commercial purposes except for
the taking of clams or crayfish.
     (2) A pair of decals bearing the last two
numbers of the year for which the license is issued shall be included with the
license for placement on the licensed boat.
     (3) In accordance with rules promulgated
by it, the State Fish and Wildlife Commission shall assign a number to each
licensed boat and shall designate the size, location and manner of placement of
the number and license year decal on the boat. [1965 c.570 §81; 1973 c.768 §13;
1975 c.756 §1]
     508.265
Boat licensing constitutes registration for purposes of federal laws. The licensing of any boat pursuant to this
chapter to take food fish for commercial purposes from the waters of this state
or land food fish from the waters of the Pacific Ocean at any point in this
state shall constitute registration of such vessel under the laws of this state
for the purposes of section 306(a) of the Fishery Conservation and Management
Act of 1976 (Act of April 13, 1976, 90 Stat. 331). [1977 c.202 §2]
     508.270
Fishing, boat license fees in lieu of other taxes and licenses on crab pots; reports
to county assessor. (1)
Either the commercial fishing license required by ORS 508.235 or the boat
license required by ORS 508.260 is in lieu of all taxes and licenses on crab
pots used by a person so licensed or used in connection with a boat so
licensed.
     (2) Crab pots shall be reported to the
county assessor by each owner and listed for ad valorem taxation, but if the
owner of such crab pots furnishes documentary proof to the assessor, not later
than August 1 of each year, that the owner possesses a current commercial
fishing license under ORS 508.235 or that the boat of the owner is currently
licensed under ORS 508.260, the assessor shall cancel any assessment made by
the assessor of crab pots used by such person or used in connection with such
person’s licensed boat. [1969 c.649 §2; 1993 c.270 §69]
     508.285
License fees. (1) The fee
for each license required by this chapter is as follows:
     (a) Albacore tuna landing license, $20.
     (b) Resident boat license, $200.
     (c) Nonresident boat license, $760.
     (d) Resident commercial fishing license,
$50.
     (e) Nonresident commercial fishing
license, $290.
     (f) Commercial fishing license for
resident persons 18 years of age or younger, $25.
     (g) Commercial bait fishing license, $60.
     (h) Fish buyer license, $150.
     (i) Fish bait dealer license, $60.
     (j) Food fish canner license, $350.
     (k) Shellfish canner license, $350.
     (L) Single delivery license, $100.
     (m) Wholesale fish dealer license, $350.
     (2) As used in this section, “resident”
means an actual bona fide resident of this state for at least one year prior to
application for a license. [1965 c.570 §82; 1969 c.172 §3; 1971 c.540 §7; 1973
c.768 §14; 1975 c.756 §2; 1977 c.245 §3; 1979 c.679 §11; 1991 c.701 §1; 1999 c.59
§163; 2005 c.629 §1]
     Note: Section 6, chapter 512, Oregon Laws 1989,
provides:
     Sec.
6. Surcharge through 2009.
In addition to the fees otherwise prescribed by law, the issuer of each of the
following permits shall charge and collect each time the permit is issued,
during the period beginning January 1, 1998, and ending December 31, 2009, the
following surcharges:
     (1) Ocean Troll Salmon Fishery permit
issued under ORS 508.816, $65.
     (2) Columbia River Gillnet Fishery permit
issued under ORS 508.790, $74. [1989 c.512 §6; 1991 c.184 §2; 1997 c.8 §10;
2003 c.643 §2]
     508.290 [Formerly 508.230; 1967 c.322 §2; repealed
by 1975 c.130 §2 and 1975 c.253 §40]
     508.300
Albacore tuna landing license in lieu of other licenses. Notwithstanding any other provision of this
chapter, the only license required for landing albacore tuna from the waters of
the
     508.305 [Amended by 1957 s.s. c.9 §1; 1963 c.197 §1;
1965 c.310 §1; renumbered 508.505]
     508.306
Fish bait dealer license; authority of commission to designate fish or
shellfish bait. (1) Any
person may obtain a fish bait dealer license to purchase food fish directly
from a commercial fisherman licensed under ORS 508.235 or commercial bait
fisherman licensed under ORS 508.312, for retail sale as fish or shellfish
bait.
     (2) The State Fish and Wildlife Commission
by regulation may designate those species of food fish or parts thereof which
may not be used for fish or shellfish bait. [1971 c.540 §2]
     508.310 [Amended by 1965 c.570 §86; renumbered
508.515]
     508.312
Commercial bait fishing license; license in lieu of commercial fishing and boat
licenses. (1) Any individual
may obtain a commercial bait fishing license to take food fish for sale to a
fish bait dealer licensed under ORS 508.306.
     (2) The license for the purpose authorized
in this section is in lieu of the commercial fishing and boat licenses required
under ORS 508.235 and 508.260. [1971 c.540 §3]
     508.315 [Repealed by 1965 c.570 §152]
     508.316
Disqualification from receiving more than one single delivery license. Except as provided in ORS 508.843 and
508.883, the State Fish and Wildlife Director shall not issue a boat more than
one single delivery license under ORS 508.285 during a 12-month period as
established by rule of the director. For purposes of this section, the
disqualification from receiving additional single delivery licenses shall apply
to a boat without regard to ownership or changes in ownership. [1999 c.164 §2]
     508.320 [Amended by 1963 c.197 §2; 1965 c.310 §2;
renumbered 508.510]
     508.325 [Renumbered 508.520]
     508.326
Commercial Fisheries Fund; uses. (1) The Commercial Fisheries Fund is created in the State Treasury,
separate and distinct from the General Fund. Except as provided in ORS 506.690,
all moneys in the Commercial Fisheries Fund are appropriated continuously to
the State Fish and Wildlife Commission for the administration and enforcement
of the commercial fishing laws and for the management, propagation, research,
habitat improvement and other activities that protect, maintain or enhance the
food fish resource of this state. Interest earned on moneys in the fund shall
be credited to the fund.
     (2) Except as provided in ORS 508.949, all
moneys collected pursuant to ORS 508.505 to 508.550 for fish species taken
pursuant to developmental fishery activities referred to in ORS 506.460 shall
be credited to a separate account in the Commercial Fisheries Fund.
Notwithstanding subsection (1) of this section or ORS 506.306, 25 percent of
such moneys shall be expended for general fish management purposes and 75
percent of such moneys shall be expended to pay the expenses of developmental
fishery activities pursuant to ORS 506.460. [1991 c.701 §21; 1993 c.765 §119;
1999 c.1013 §2; 2003 c.809 §14]
     508.330 [Renumbered 508.525]
     508.335 [Amended by 1965 c.570 §87; renumbered
508.530]
     508.340 [Amended by 1961 c.373 §1; 1963 c.197 §3;
1965 c.570 §88; renumbered 508.535]
     508.345 [Amended by 1961 c.373 §2; 1965 c.570 §89;
renumbered 508.540]
     508.350 [Renumbered 508.545]
     508.355 [Repealed by 1963 c.197 §4]
     508.360 [Repealed by 1963 c.197 §4]
ISSUANCE,
APPLICATION, CONTENTS, WHERE VALID, TRANSFERRING, TERM, LOCATION ABANDONMENT
     508.405 [Amended by 1963 c.196 §1; repealed by 1965
c.570 §65 (508.406 enacted in lieu of 508.405)]
     508.406
Director or agent to issue and renew licenses. The State Fish and Wildlife Director or the
authorized agent of the director shall issue or renew any license required by
the commercial fishing laws to a qualified person upon proper application and
payment of the license fee required by ORS 508.285. [1965 c.570 §66 (enacted in
lieu of 508.405)]
     508.407 [Repealed by 1965 c.570 §152]
     508.410
Contents of license applications. All applications for licenses under ORS 508.406 shall be made on
blanks furnished by the State Fish and Wildlife Director and shall contain such
information as the State Fish and Wildlife Commission determines to be
necessary for proper administration and enforcement of the commercial fishing
laws. [Amended by 1957 c.208 §1; 1963 c.196 §2; 1965 c.570 §67]
     508.413 [1963 c.246 §1; repealed by 1965 c.67 §4]
     508.415
Security for fees. (1) In
case of license applications by canners or wholesalers, the State Fish and
Wildlife Director, in addition to license fees provided by law, may exact from
the applicant a bond from a corporate surety, authorized to do business in this
state, guaranteeing the payment of fees, if the director considers such action
is necessary to insure compliance with ORS 508.505 to 508.540.
     (2) In lieu of any bond that may be
required under subsection (1) of this section, any applicant may deposit with
the State Fish and Wildlife Commission, under such terms and conditions as the
director may prescribe, a like amount of lawful money of the United States or
an irrevocable letter of credit issued by an insured institution, as defined in
ORS 706.008. The commission shall turn over to the State Treasurer for
safekeeping all such deposits so received. [Amended by 1963 c.196 §3; 1965
c.570 §68; 1969 c.52 §1; 1991 c.331 §73; 1991 c.701 §17; 1997 c.631 §484]
     508.420 [Amended by 1955 c.168 §1; 1963 c.196 §4;
repealed by 1965 c.570 §152]
     508.425 [Amended by 1961 c.168 §1; repealed by 1965
c.570 §152]
     508.430 [Amended by 1963 c.196 §5; repealed by 1965
c.570 §152]
     508.435 [Amended by 1961 c.181 §1; repealed by 1965
c.570 §152]
     508.440 [Repealed by 1961 c.233 §1]
     508.445
Certificate evidence as to license issuance. In all prosecutions requiring proof as to the issuance or nonissuance
of a license by the State Fish and Wildlife Director under any of the laws of
this state, the certificate of the director as to the issuance or nonissuance
of the license by the director shall be sufficient proof on that question to
establish the fact. This certificate shall be admitted in evidence as to the
issuance or nonissuance of the license in any such prosecution.
     508.450
Contents of license. Each
license issued under ORS 508.406 shall be numbered and dated by the State Fish
and Wildlife Director or an authorized agent and contain the site or address
where the appliance or business is located and the name of the person to whom
the license is granted. [Amended by 1957 c.132 §1; 1963 c.196 §6]
     508.455 [Amended by 1955 c.122 §1; repealed by 1965
c.570 §152]
     508.460
     508.465
Licenses nontransferable.
Licenses may not be transferred from one licensee to another.
     508.470
When licenses expire; renewal.
All licenses for which fees are provided for under ORS 508.285 unless otherwise
specified in law expire as of midnight, December 31, following the dates of
their issuance or on such date as may be specified by rule of the State
Department of Fish and Wildlife. The licenses may be renewed annually
thereafter upon application and payment of fees required therefor. [Amended by
1959 c.123 §1; 1961 c.374 §3; 1963 c.196 §7; 1965 c.570 §71; 1977 c.245 §4;
1979 c.679 §12; 2007 c.768 §6]
     508.475
Failure to renew license for fixed fishing gear constitutes abandonment; exception
for Armed Forces. The
failure to renew the license, or make application therefor, for any location
for a fixed fishing gear in any of the waters of this state, on January 1 of
any year, constitutes abandonment of the location. However, any licensee
entering the Armed Forces of the United States during any period which would
qualify the licensee under the laws of this state as a war veteran is not
deemed to have abandoned such location or gear so licensed, either by reason of
absence from the location during such service or by failure to renew the
license as required. Such licensee may file application for renewal of the
license at any time following the date of release from the Armed Forces of the
     508.480
Failure to construct or install fishing gear held to be abandonment. Should the holder of any license neglect to
construct or install at the site the fishing gear called for by the license
during two consecutive years covered by the license, the location shall be
deemed abandoned. [Amended by 1965 c.570 §73]
     508.485
Revocation and refusal to renew license for violation of commercial fishing
laws or rules or theft of crab fishing gear. Except for vessel licenses prescribed in ORS 508.285, 508.470,
508.755, 508.775 to 508.796, 508.801 to 508.825, 508.880, 508.883 and 508.889
to 508.910, the State Fish and Wildlife Commission may, in its discretion,
revoke for the remainder of the license year any license issued to such person
under the authority of the commission or the State Fish and Wildlife Director,
and in its discretion may refuse the issuance of any license issued under the
authority of the commission or director during any period not to exceed one
year from the date of the license revocation order:
     (1) Upon conviction within this state of
any person of violation of any of the commercial fishing laws or rules;
     (2) Upon receiving notice from the agency
that regulates commercial fishing in the State of Washington of the conviction
of any person in that state of an offense which was a violation of Columbia
River commercial fishing rules adopted pursuant to the Columbia River Compact
and which if committed in this state would be grounds for license revocation
pursuant to subsection (1) of this section;
     (3) Upon conviction within this state of
any person for violation of ORS 498.022, or any rule promulgated pursuant
thereto, involving game fish, through the use of a license issued pursuant to
the commercial fishing laws; or
     (4) Upon conviction within this state of a
person for violation of ORS 164.043 to 164.065 when the subject of the theft is
commercial fishing crab rings or crab pots, or the crabs taken therefrom. [Amended
by 1965 c.570 §74; 1971 c.569 §1; 1977 c.350 §6; 1987 c.213 §4; 1997 c.252 §1;
1999 c.1051 §276]
     508.490
Refusal to issue license within two years after license revocation. Except for vessel licenses prescribed in ORS
508.260 and vessel permits prescribed in ORS 508.285, 508.470, 508.755, 508.775
to 508.796, 508.801 to 508.825, 508.880, 508.883 and 508.889 to 508.910, the
State Fish and Wildlife Commission may, in its discretion, refuse the issuance
of any license issued under the authority of the commission or the State Fish
and Wildlife Director during any period not to exceed two years from the date
of the license revocation order:
     (1) Upon conviction within this state of
any person of violation of any of the commercial fishing laws or rules after
such person has once been convicted and penalized under ORS 508.485; or
     (2) Upon receiving notice from the agency
that regulates commercial fishing in the State of Washington of the conviction
of any person in that state of an offense which was a violation of Columbia River
commercial fishing rules adopted pursuant to the Columbia River Compact and
which if committed in this state would be grounds for refusal to issue a
license pursuant to subsection (1) of this section. [Amended by 1965 c.570 §75;
1977 c.350 §7; 1987 c.213 §5]
     508.495
Certificate in lieu of lost or destroyed license; fee. Upon the receipt of a fee of $2 and the
filing of an affidavit that a license issued under authority of ORS 508.406 has
been lost or destroyed, the State Fish and Wildlife Director or the authorized
agent of the director shall issue a certificate that such license has been
issued and has been lost or destroyed. Except as provided in ORS 508.260, the
certificate may be used in lieu of the lost or destroyed license. [1957 c.140 §1;
1965 c.570 §76; 1973 c.768 §18]
     508.500
Alteration, false application and multiple possession of licenses prohibited. No person shall:
     (1) Alter, borrow or loan to any other
person any license or permit issued by the department.
     (2) In applying for a license or permit
issued by the State Department of Fish and Wildlife knowingly make any false
statement of any information required by the application regarding the person
in whose name the license or permit is to be issued.
     (3) Possess any license or permit that has
been altered, borrowed or loaned or for which any false statements were
knowingly made in applying therefor. [1981 c.365 §20]
CATCH FEES
     508.505
Additional fees based on value of fish at time of landing; exceptions. (1) Additional fees shall be collected by
the State Fish and Wildlife Director in the amount prescribed by this section,
except as provided in ORS 508.510. Every person operating within the state as a
canner, buyer, bait dealer or wholesaler of any food fish or shellfish shall
pay, in addition to all other licenses or fees provided by law, a fee equal to
the value of the food fish at the point of landing multiplied by the following
rates:
     (a) All salmon and steelhead, 3.15
percent.
     (b) All black rockfish, blue rockfish and
nearshore fish, five percent.
     (c) All other food fish and shellfish,
1.09 percent for the period beginning January 1, 1992, and ending December 31,
1992. Thereafter the State Fish and Wildlife Commission may increase the rate
to not more than 1.25 percent to the extent that the commission determines upon
review that revenues received are inadequate to maintain the legislatively
adopted program level. The commission shall report its revenue review and any
proposed rate increase to the Emergency Board prior to the time the rate
increase is implemented.
     (2) Only live, fresh or frozen in the
round or dressed food fish or shellfish are subject to the fees provided in
this section. “Dressed” includes but is not limited to beheaded, gutted,
filleted, loined or shucked. However, frozen food fish or frozen shellfish
received in a wrapped package to which a legible label is stamped or printed
showing the name, address, brand or trade name of the original processor or
wholesale distributor under which the package is marketed and the kind of
frozen food fish or frozen shellfish contained therein, for distribution and
ultimate sale in the original package are not subject to the fees provided in
this section. [Formerly 508.305; 1969 c.172 §4; 1971 c.243 §1; 1973 c.768 §15;
1979 c.378 §1; 1989 c.166 §1; 1991 c.701 §2; 2003 c.809 §12]
     Note: Section 8, chapter 512, Oregon Laws 1989,
provides:
     Sec.
8. Additional fee through 2009. In addition to the ad valorem fee
prescribed by law, during the period beginning January 1, 1998, and ending
December 31, 2009, there shall be paid for each fish species referred to in ORS
508.505 (1)(a), an additional fee of five cents per pound. The ad valorem fee
referred to in this section is subject to ORS 508.505 to 508.540. [1989 c.512 §8;
1991 c.184 §3; 1997 c.8 §11; 2003 c.643 §3]
     508.507 [1971 c.540 §10; repealed by 1991 c.701 §3]
     508.510
Place where fish caught is immaterial; exceptions; special fee. (1) The fee provided for in ORS 508.505
shall be paid irrespective of where the fish were caught. However, the fees
shall not be paid on any food fish or shellfish brought into this state after
having been landed:
     (a) In another state, territory or
possession of the
     (b) In another country.
     (2) Notwithstanding ORS 508.505, there
shall be paid a fee of one percent of the value of all food fish or shellfish
brought into this state after having been landed in another state, territory or
possession of the United States, and upon or in regard to which a tax or fee
has not been levied and collected in the other state, territory or possession. [Formerly
508.320; 1991 c.701 §4]
     508.515
Time of paying fees; report; interest on overdue fees; waiver or extension of
payment. (1) The fee
required by ORS 508.505 shall be paid to the State Fish and Wildlife Director
on or before the 20th day of each calendar month for the preceding calendar
month.
     (2) The fee shall be accompanied by a
report showing the total number of pounds of all varieties of food fish, stated
separately upon blanks furnished by the director, and the value at the point of
landing.
     (3) In the event that such fee is not paid
within the time for payment provided in subsection (1) of this section, there
shall be added as a late payment charge a sum equal to five percent of the
unpaid fees or $5, whichever is greater, and there shall be charged an interest
rate of one percent per month until the principal and interest is paid.
     (4) Notwithstanding subsection (1), (2) or
(3) of this section, the State Fish and Wildlife Commission may waive or extend
payment of any fees required by ORS 508.505 amounting to less than $10 during
any calendar year. [Formerly 508.310; 1971 c.243 §2; 1981 c.646 §5; 1991 c.701 §5]
     508.520
Determination of disputes.
It is the intention that only one fee based on the value of the fish at the
point of landing shall be collected for each fish purchased or received, and in
order that this end may be accomplished the State Fish and Wildlife Commission
and the State Fish and Wildlife Director may determine finally any dispute
arising out of the operation and enforcement of ORS 508.505. [Formerly 508.325;
1991 c.701 §6]
     508.525
Lien for unpaid fee; foreclosure; jurisdiction of courts. The fee required by ORS 508.505 constitutes
a first lien upon the cannery, packing plant, scow, boat and its equipment used
in the canning, receiving or transporting of the fish. This lien may be
foreclosed by the State Fish and Wildlife Commission in the name of the state
by a suit in equity in the circuit court of the county in which the property
upon which a lien is given by this section is situated. If situated in two or
more counties the court first acquiring jurisdiction of a part of the property
shall have jurisdiction of all the property described in such foreclosure suit.
[Formerly 508.330; 1991 c.701 §7]
     508.530
Rules; reports; violation or falsification. (1) The State Fish and Wildlife Commission may make such rules and
require such reports to be made as, in its judgment, are necessary to insure
the collection and payment of the fee required by ORS 508.505.
     (2) It is unlawful for any person to
falsify any of the reports or to violate any of the rules made or required by
the commission. [Formerly 508.335; 1991 c.701 §8]
     508.535
Keeping record of food fish received and bought; inspection. (1) Every fish canner, fish buyer, retail
fish dealer, fish bait dealer or wholesale fish dealer shall keep a record, of
all food fish received and bought, in accordance with rules promulgated by the
State Fish and Wildlife Commission. Such information may be required as is
necessary to enable the commission to carry out its duties of conservation,
protection, administration or enforcement under the commercial fishing laws
without imposing undue hardship on the licensees.
     (2) At least one copy of this record shall
be kept:
     (a) On each boat, vessel, scow, pickup
boat or other craft, truck, automobile, motor vehicle or other vehicle of any
kind whatsoever used in buying, receiving or transporting the fish.
     (b) By the canner, buyer, retailer, fish
bait dealer or wholesaler.
     (3) This record is subject to inspection
by the commissioners, the State Fish and Wildlife Director, the authorized
agent of the director, or any duly authorized police officer. This record shall
be transmitted to the office of the director at such times and in such manner
as the commission directs.
     (4) Every person shall always keep open to
inspection by the commission or its agent any books, records, papers or
memoranda which are pertinent to the administration of ORS 508.505 to 508.540.
For the purpose of ascertaining the correctness of any fee record or report or
the number of pounds or value of fish upon which the additional fee is based or
such other information as may be necessary to the administration of ORS 508.505
to 508.540, the commission or its agent may inspect such books, records, papers
or memoranda.
     (5) Restaurants licensed under ORS 624.020
shall keep a record of all fresh or frozen fish received or bought while such
fish are in the restaurantÂ’s possession. This record shall be subject to
inspection by the commissioners, the director, the authorized agent of the
director, or any duly authorized police officer. An invoice or receipt shall be
adequate for the purposes of this subsection. [Formerly 508.340; 1969 c.172 §5;
1971 c.540 §11; 1973 c.437 §1; 1977 c.242 §5; 1991 c.701 §9]
     508.540
Failure to keep or submit records or to pay fee. (1) In addition to the penalty prescribed by
ORS 506.991, the State Fish and Wildlife Director, under the authority of the
State Fish and Wildlife Commission, may suspend or revoke any license for which
a fee is required under ORS 508.285 if the person holding the license fails to
keep the record required by ORS 508.535 or fails to submit the books, records,
papers or memoranda of the person for inspection, pursuant to ORS 508.535 (4),
to any member of the commission or any of its representatives presenting written
authority from the commission.
     (2) The State Fish and Wildlife Director
may suspend, deny the renewal of or refuse to issue any license for which a fee
is required under ORS 508.285 if the person holding or applying for the license
is more than 60 days past due in an amount of more than $400 owed:
     (a) From fees pursuant to ORS 508.505;
     (b) From overage, incidental catch or
bycatch charges; or
     (c) To any food fish commodity commission
established under ORS chapter 576.
     (3) The State Fish and Wildlife Commission
may contact any food fish commodity commission at any time to obtain lists of
persons who owe past due fees to the commodity commission.
     (4) For purposes of this section:
     (a) “Bycatch” means the unintended taking
of a species of food fish that:
     (A) Occurs while targeting another species
of food fish; and
     (B) Is prohibited due to time, place,
manner, regulations or quota restrictions.
     (b) “Incidental catch” means the
unintended legal taking of a species of food fish that occurs while targeting
another species of food fish.
     (c) “Overage” means the amount of food
fish taken for commercial purposes that exceeds the amount allowed by federal
and state law. [Formerly 508.345; 1991 c.701 §10; 2003 c.39 §1]
     508.545 [Formerly 508.350; repealed by 1973 c.794 §34]
     508.550
     (1) The person must first obtain from the
State Fish and Wildlife Commission an annual limited fish seller permit for
such sales, the fee for which is $20. The commission by rule may limit the
number of permits available for any species of food fish.
     (2) Prior to making any sale pursuant to
this section, the person must notify the commission, in such manner as the
commission prescribes, of the estimated number of food fish on board the boat
and of the location where the sale is to take place.
     (3) Within seven days of making any sale
pursuant to this section, the person shall submit to the commission a report
thereof, in such form as the commission may prescribe. The person must pay the
fees required as prescribed in ORS 508.505 to 508.540, or in such other manner
as the commission by rule may prescribe.
     (4) The person may sell food fish from any
port and dock location in this state.
     (5) If a person fails to comply with
subsection (3) of this section, the commission may revoke and thereafter refuse
to issue another limited fish seller permit. [1985 c.533 §2; 1987 c.802 §1;
1991 c.701 §11; 1999 c.585 §1]
     508.605 [Repealed by 1961 c.232 §1]
     508.610 [Repealed by 1961 c.232 §1]
     508.615 [Repealed by 1961 c.232 §1]
     508.620 [Repealed by 1961 c.232 §1]
     508.625 [Repealed by 1961 c.232 §1]
     508.630 [Repealed by 1961 c.232 §1]
     508.635 [Amended by 1957 c.462 §1; repealed by 1961
c.232 §1]
     508.640 [Repealed by 1961 c.232 §1]
     508.645 [Amended by 1957 c.462 §2; repealed by 1961
c.232 §1]
     508.650 [Repealed by 1961 c.232 §1]
     508.655 [Repealed by 1961 c.232 §1]
SALMON
HATCHERY PERMITS
     508.700
Permits for salmon hatcheries; fees. (1) The State Fish and Wildlife Commission may issue a permit, subject
to such restrictions and regulations as the commission deems desirable, to any
person to construct and operate a hatchery for:
     (a) Chinook salmon, also known as
Oncorhynchus tshawytscha; or
     (b) Chum salmon, also known as
Oncorhynchus keta or dog salmon; or
     (c) Silver salmon, also known as
Oncorhynchus kisutch or coho salmon; or
     (d) Pink salmon, also known as
Oncorhynchus gorbuscha or humpback salmon.
     (2) The application for a permit to
construct and operate a chum salmon, chinook salmon, silver salmon, or pink
salmon hatchery shall include an application fee of $100. [1971 c.203 §1; 1973
c.356 §1; 1979 c.556 §1]
     508.705
Hearing for permits. (1)
Prior to issuance of any permit by the State Fish and Wildlife Commission, a
public hearing shall be held. Notice of the hearing shall be published at least
once and at least 10 days prior to the hearing in a newspaper of general
circulation in each of the counties in which the hearing is to be held, or if
no such newspaper is published in that county or counties, then such a
newspaper in an adjoining county.
     (2) The hearing shall be conducted by
either the commission or a representative designated by the commission. [1971
c.203 §2; 1975 c.253 §31]
     508.710
Grounds for denial of permit.
No permit shall be issued:
     (1) Which may tend to deplete any natural
run of anadromous fish or any population of resident game fish.
     (2) Which may result in waste or
deterioration of fish.
     (3) If the proposed operation is to be
located on the same stream or river or tributary thereof on which a state or
federal fish culture facility is established or is planned to be established.
     (4) If the proposed operation is not
consistent with sound resource management and is not in close proximity to the
ocean.
     (5) If the State Fish and Wildlife
Commission determines the applicant does not have the financial capability to
successfully construct and operate the hatchery or may not properly conduct the
operation authorized under the permit. [1971 c.203 §3]
     508.715
Conditions of permits. Any
permit granted by the State Fish and Wildlife Commission pursuant to ORS
508.700 to 508.745 shall contain at least the following conditions:
     (1) All propagated fish released into state
waters shall be marked annually at no less than the level of marking of the
same species of fish by hatcheries operated by the commission for the purpose
of determining contributions to ocean fisheries.
     (2) All propagated coho and chinook salmon
released into state waters shall be marked annually, consistent with subsection
(8) of this section, at a minimum level necessary to determine the proportion
of straying of hatchery coho and chinook salmon into the spawning beds of
natural and hatchery produced native stocks of salmon. However, the commission
shall not require private hatcheries to meet marking standards that the
commission would not apply to its own operations in similar circumstances.
     (3) Prior to release into state waters,
the fish must be subject to examination by a qualified fish pathologist
approved by the commission to determine that they are not diseased or infected
with any disease which in the opinion of the commission may be detrimental to
the state fishery resources. Cost of such examination shall be paid by the
permittee. No fish shall be released without written approval from the
commission. The commission may require diseased fish to be destroyed. The
commission shall not suffer civil or criminal liability for any fish destroyed under
this section.
     (4) The permittee may be authorized by the
commission to divert all fish returning to the stream to an inspection area,
the location of such area to be approved by the commission, to examine all fish
for the purpose of identifying propagated fish.
     (5) Notwithstanding the provisions of ORS
chapters 509 and 511, the permittee shall have the right to take for commercial
purposes, only those fish the commission determines were propagated by the
permittee, and the commissionÂ’s decision is final.
     (6) It shall be unlawful for the permittee
to select stocks of fish or to genetically alter the life history or habits of
propagated fish in a way the State Department of Fish and Wildlife determines
is inconsistent with the provisions of ORS 496.012 or 506.109.
     (7) It shall be unlawful for the permittee
to conduct any activity not authorized by the permit or fail to conduct
activities required by the permit without approval of the commission after
public hearings.
     (8) The permittee shall pay all reasonable
costs incurred by the commission as a result of the operation of the private
hatchery. [1971 c.203 §5; 1979 c.556 §5; 1985 c.529 §1; 1989 c.817 §1]
     508.718
Program for protecting natural runs and genetic diversity of anadromous fish
stocks; rules; findings. (1)
The Legislative Assembly finds that protecting the natural runs and genetic
diversity of anadromous fish is essential to the long-term health of
     (2) Not later than January 1, 1990, the
State Department of Fish and Wildlife shall:
     (a) Develop and implement monitoring
programs, consistent with ORS 508.715 (8) at a minimum level necessary to
determine the proportion of straying of hatchery fish into the spawning beds of
natural and hatchery produced native stocks of salmon.
     (b) Utilizing the best available
scientific evidence, adopt rules, after public hearing, that determine the
proportion of straying that by indicator stock is likely to cause deterioration
of the genetic diversity and habitat necessary to maintain long-term species
viability or that causes a deterioration of natural or native stocks of salmon.
     (3) The Legislative Assembly further finds
that private hatcheries are a significant part of
     508.720
Altering terms of permits; findings; hearing; restoration of fish population. (1) If the State Fish and Wildlife
Commission finds that the operation described in the permit is not in the best
public interest, it shall alter the conditions of the permit to mitigate such
adverse effects or may cause an orderly termination of the operation under the
permit. Proceedings to cause such alteration or termination shall be conducted
in accordance with ORS chapter 183. An orderly termination shall not exceed a
four-year period and shall culminate in the revocation of the permit in its
entirety. During this period the permittee may continue to examine and take
specified propagated chum salmon, chinook salmon, silver salmon or pink salmon
according to the provisions of the permit but may not release additional fish.
     (2) If the commission finds the operation
has caused deterioration of the natural run of anadromous fish or any
population of resident game fish in the waters covered by the permit, it may
require the permittee to return the fish populations to the same condition that
existed prior to issuance of the permit. If the permittee fails to take
appropriate action, the commission shall take such action and the permittee
shall bear any cost incurred by the commission. [1971 c.203 §6; 1973 c.356 §2;
1975 c.253 §32; 1979 c.556 §2; 1989 c.817 §2]
     508.725
Released fish as state property; consideration by commission of adverse economic
impact on hatcheries. (1)
All fish released under ORS 508.700 to 508.745 during the time they are in the
wild will be the property of the state and may be taken under angling or
commercial fishing laws of this state until they return to the private
hatchery.
     (2) In carrying out the provisions of ORS
496.162 or 506.129, the State Fish and Wildlife Commission shall not consider
evidence of or argument regarding the prospect of adverse economic impact on
the activities of hatcheries for which permits have been issued unless the commission
determines that it is necessary in order to comply with the policies set forth
in ORS 496.012 or 506.109. [1971 c.203 §4; 1979 c.335 §1]
     508.730
Disposal of salmon products.
After first ensuring that all natural and artificial fish production needs of
the State Department of Fish and Wildlife have been met, the State Fish and
Wildlife Commission may provide at a reasonable fee chum salmon, chinook
salmon, silver salmon or pink salmon, or the sexual products therefrom, for the
needs of any person granted a permit by the commission pursuant to ORS 508.700
to 508.745 in the following order of priority:
     (1) The needs of the salmon and trout
enhancement program.
     (2) The needs of fish propagation
facilities operated under contract or agreement with other state or federal
agencies, local governments, special districts and nonprofit organizations.
     (3) The needs of all federal and other
fish propagation facilities located on the
     508.735
Application of chapter to taking and sale of salmon. The provisions of this chapter shall apply
to the taking and sale of chum salmon, chinook salmon, silver salmon or pink
salmon artificially reared under any permit granted by the State Fish and
Wildlife Commission pursuant to ORS 508.700 to 508.745. [1971 c.203 §8; 1973
c.356 §4; 1979 c.556 §4]
     508.737
Policy for marketing of salmon products. It is the policy of the State of
     508.740
Authority under ORS 508.700 to 508.745. (1) Nothing in ORS 508.700 to 508.745 is intended to give the
permittee any equity in any of the waters or fish of the state.
     (2) Nothing in ORS 508.700 to 508.745
shall imply an intent to permit commercial fishing in any rivers south of the
mouth of the
     508.745
Disposition of moneys received under ORS 508.700 to 508.745. All moneys received by the State Fish and
Wildlife Commission under ORS 508.700 to 508.745 except those under ORS 508.735
shall be paid over to the State Treasurer to be held in a suspense account
established under ORS 293.445. After the payment of costs of administration
incurred by the commission in carrying out the provisions of ORS 508.700 to
508.745, that portion of the balance of the moneys in this suspense account as
of the end of each fiscal year shall be deposited to the General Fund for
general governmental purposes. [1971 c.203 §11]
COMMERCIAL
FISHERY PERMIT BOARD
     508.755
Membership; duties; meetings; expenses. (1) There is established within the State Department of Fish and
Wildlife the Commercial Fishery Permit Board. The board shall consist of
members appointed by the State Fish and Wildlife Commission as follows:
     (a) Three members shall be chosen to
represent the
     (b) Three members shall be chosen to
represent the ocean troll salmon fishing industry.
     (c) Three members shall be chosen to
represent the ocean pink shrimp fishing industry.
     (d) Three members shall be chosen to
represent the
     (e) Three members shall be chosen to
represent the sea urchin commercial fishery.
     (f) Three members shall be chosen to
represent the ocean Dungeness crab fishing industry.
     (g) Three members shall be chosen to
represent the black rockfish and blue rockfish fishing industry and the
nearshore fish fishing industry.
     (h) Three members shall be chosen to
represent developmental fisheries as described in ORS 506.450 to 506.465.
     (i) Three members shall be chosen to
represent each restricted participation system or restricted vessel permit
system established by rule of the commission under ORS 506.462.
     (j) Two members shall be chosen to
represent the public.
     (2) A member of the board shall receive no
compensation for services as a member. However, subject to any applicable law
regulating travel and other expenses of state officers and employees, a member
shall be reimbursed for travel and other expenses incurred in the performance
of official duties.
     (3) The board shall select such officers,
for such terms and with such duties and powers, as the board considers
necessary for the performance of those offices.
     (4) A majority of the members of the board
constitutes a quorum for the transaction of business.
     (5) The board shall meet at such times and
places as may be determined by the chairperson or by a majority of the members
of the board.
     (6) Notwithstanding any other provision of
law:
     (a) Members of the board representing the
Columbia River gillnet salmon fishing industry shall participate in actions of
the board only on matters arising under ORS 508.285, 508.470 and 508.775 to
508.796.
     (b) Members of the board representing the
ocean troll salmon fishing industry shall participate in actions of the board
only on matters arising under ORS 508.801 to 508.825.
     (c) Members of the board representing the
ocean pink shrimp fishing industry shall participate in actions of the board
only on matters arising under ORS 508.880, 508.883 and 508.889 to 508.910.
     (d) Members of the board representing the
     (e) Members of the board representing the
sea urchin commercial fishery shall participate in actions of the board only on
matters arising under ORS 508.760.
     (f) Members of the board representing the
ocean Dungeness crab fishing industry shall participate in actions of the board
only on matters arising under ORS 508.921.
     (g) Members of the board representing the
black rockfish and blue rockfish fishing industry and the nearshore fish
fishing industry shall participate in actions of the board only on matters
arising under ORS 508.947, 508.957 or 508.960.
     (h) Members of the board representing
developmental fisheries shall participate in actions of the board only on
matters arising under ORS 506.450 to 506.465.
     (i) Members of the board representing a
restricted participation system or a restricted vessel permit system
established by rule of the commission under ORS 506.462 shall participate in
actions of the board only on matters related to that system. [Formerly 508.920;
2003 c.809 §13; 2007 c.95 §3]
RESTRICTED
PARTICIPATION SYSTEMS
     508.760
Sea urchin limited participation; terms; conditions; fees; rules. (1) Notwithstanding any other provision of
the commercial fishing laws, in order to provide a sea urchin
(Strongylocentrotus franciscanus, S. purpuratus and S. droebachiensis)
commercial fishery with optimum profits to those engaged in the fishery and to
prevent a concentration of fishing effort that would deplete the resource, the
State Fish and Wildlife Commission, by rule, shall establish a system for
limiting participation in the sea urchin commercial fishery. Any such system
may include, but is not limited to, provisions on the following matters:
     (a) Establishment of criteria for initial
entry into fishery participation and for annual qualification for participation
thereafter.
     (b) Establishment of terms and conditions
for transferring participation rights.
     (2) The annual fee to participate in the
sea urchin fishery is $75. [1987 c.374 §2; 1991 c.701 §12; 1995 c.602 §2]
     508.762
Review of denial of sea urchin permit renewal or transfer; fee; rules. (1) A person whose application for renewal
or transfer of a permit established pursuant to ORS 508.760 is denied may make
written request to the Commercial Fishery Permit Board for review of the
denial. The review provided in this subsection is in lieu of any such review by
the State Department of Fish and Wildlife or the State Fish and Wildlife
Commission. The request shall be in such form and shall contain such
information as the board considers appropriate. The request shall be
accompanied by a nonrefundable fee of $75. Such fee shall apply toward the
permit fee of an applicant seeking review who is successful in obtaining a
permit.
     (2) The board shall review a denial of an application
for renewal or request to transfer a permit according to the applicable
provisions of ORS chapter 183. Orders issued by the board are not subject to
review by the commission, but may be appealed as provided in ORS 183.480 to
183.500.
     (3) According to the applicable provisions
of ORS chapter 183, the board may promulgate such rules as it considers
necessary to carry out its duties, functions and powers.
     (4) The board may delegate to the
department its authority to waive requirements for renewal of permits. [1995
c.602 §3]
     Note: 508.762 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 508 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     508.765
Roe-herring limited participation; terms; conditions; fees; rules. (1) Notwithstanding any other provision of
the commercial fishing laws, in order to provide a roe-herring commercial
fishery with optimum profits to those engaged in the fishery and to prevent a
concentration of fishing effort that would deplete the resource, the State Fish
and Wildlife Commission, by rule, shall establish a system for limiting
participation in the roe-herring commercial fishing. Any such system may
include, but is not limited to, provisions on the following matters:
     (a) Establishment of criteria for initial
entry into fishery participation and for annual qualification for participation
thereafter.
     (b) Establishment of terms and conditions
for transferring participation rights.
     (2) The annual fee to participate in the
roe-herring fishery is $75.
     (3)(a) A denial by the commission of an
application for renewal of any permit or transfer of any permit established
under this section shall be subject to review by the Commercial Fishery Permit
Board upon written request of the applicant. The review provided under this
subsection shall be in lieu of any such review by the commission or the State
Department of Fish and Wildlife.
     (b) Request for review under this subsection
shall be on such forms and contain such information as the board shall
determine. Requests for review shall be accompanied by a $75 fee, which fee
shall apply toward any applicable permit fees resulting from an order of the
board in favor of the requesting applicant.
     (4) Orders issued by the board are not
subject to review by the commission but may be appealed as provided in ORS
chapter 183.
     (5) According to the provisions of ORS
chapter 183, the board shall adopt such rules as it determines necessary to
carry out its duties, functions and powers. [Formerly 508.800; 1991 c.701 §13;
1995 c.602 §4]
RESTRICTED
VESSEL PERMIT SYSTEMS
(
     508.775
Vessel permit required to engage in fishery; purchase of fish by dealer from
individual without permit prohibited. (1) Notwithstanding any other provision of the commercial fishing
laws, it is unlawful for an individual to operate a vessel in the Columbia
River gillnet salmon fishery without first obtaining a vessel permit issued
pursuant to ORS 508.775 to 508.796. However, an individual who holds valid
commercial fishing licenses and vessel permits required by and issued pursuant
to the laws of the State of Washington for commercial salmon fishing in the
Columbia River may land salmon in this state that were taken in the Columbia
River gillnet salmon fishery without the permit otherwise required by this
subsection.
     (2) Notwithstanding any other provision of
the commercial fishing laws, it is unlawful for a wholesaler, canner or buyer to
buy or receive salmon taken in the
     (3) The permit required by subsection (1)
of this section is in addition to and not in lieu of the boat license required
by ORS 508.260. [1979 c.679 §2; 1981 c.365 §1]
     508.778
Limitation on issuance of permits. Except as provided in ORS 508.792, no new vessel permits shall be
issued. [1979 c.679 §3; 1981 c.365 §40; 1989 c.940 §3; 1995 c.602 §5]
     508.781
Renewal of permit; rules. An
individual who obtained the permit required by ORS 508.775 for a particular
calendar year is eligible to obtain renewal of the permit in a subsequent
calendar year, upon application and payment of the fees therefor by December 31
of the permit year or by such date as may be specified by rule of the State
Department of Fish and Wildlife. [1979 c.679 §4; 1981 c.365 §12; 1995 c.602 §6;
2007 c.768 §7]
     508.784
Considerations in determining eligibility for permit. In making determinations regarding renewal
of the permits required by ORS 508.775, the State Department of Fish and
Wildlife and the Commercial Fishery Permit Board may consider as evidence of
permit qualifications or requirements department records and such receipts,
accounts, contracts and other business records of private parties as the
department or the board consider reliable evidence of the qualifications or
requirements in question. [1979 c.679 §5; 1989 c.940 §4]
     508.787
Permit revocation procedure.
The board may revoke and refuse subsequent issuance of a permit required by ORS
508.775 in the manner provided in ORS 508.485 and 508.490. [1979 c.679 §6]
     508.790
Fee; application form. (1)
The annual fee for the vessel permit required by ORS 508.775 is $1.
     (2) Applications shall be in such form and
contain such information as the State Department of Fish and Wildlife, by rule,
may prescribe. [1979 c.679 §7; 1981 c.43 §3]
     Note: See note under 508.285.
     508.792
Lottery system for permit issuance. (1) Except as provided in subsection (2) of this section, if the
number of permits renewed under ORS 508.781 falls below 200, the State
Department of Fish and Wildlife shall issue permits by a lottery system for
vessels that do not meet the requirements of ORS 508.781. However, the number
of permits issued pursuant to any such lottery system shall not increase the
number of permits issued to a total number greater than 200.
     (2) The State Fish and Wildlife Commission
may, in its discretion, suspend the lottery for up to two years. Suspension
shall be based on the commissionÂ’s assessment of the condition of the resource
and shall account for the recommendations of the Gillnet Salmon Review Board. [1989
c.940 §5b; 1995 c.602 §7]
     508.793
Permit transfer restrictions.
(1) The vessel permit required by ORS 508.775 is transferable:
     (a) To a replacement vessel of the permit
holder.
     (b) To the purchaser of the vessel when
the vessel is sold.
     (2) Notwithstanding subsection (1) of this
section, upon request of a permit holder, the State Department of Fish and
Wildlife may authorize transfer of a permit to a replacement vessel owned by an
individual other than the permit holder. However, any transfer of a permit away
from a vessel without the written consent of each person holding a security
interest in such vessel is void. [1979 c.679 §9; 1981 c.365 §14]
     508.796
Review of permit denial; fee; rules; limitation on transfer of certain permits. (1) An individual whose application for
renewal of the permit required by ORS 508.775 is denied by the State Department
of Fish and Wildlife may make written request to the Commercial Fishery Permit
Board for review of the denial. The review provided in this subsection is in
lieu of any such review by the department or the State Fish and Wildlife
Commission. The request shall be in such form and shall contain such
information as the board considers appropriate. The request shall be
accompanied by a nonrefundable fee of $75. Such fees shall apply toward the
permit fee of successful applicants.
     (2) In accordance with any applicable
provision of ORS chapter 183, the board shall review denials of applications
for renewal of permits. Orders issued by the board are not subject to review by
the commission, but may be appealed as provided in ORS 183.480 to 183.500. The
board may waive requirements for renewal of permits if the board finds:
     (a) That the individual for personal or
economic reasons chose to actively commercially fish in some other fishery
during the Columbia River gillnet salmon seasons; or
     (b) That the individual failed to meet the
requirements as the result of illness, accident or other circumstances beyond
the individualÂ’s control.
     (3) In accordance with any applicable
provision of ORS chapter 183, the board may promulgate such rules as it
considers necessary to carry out its duties, functions and powers.
     (4) The board may delegate to the
department its authority to waive requirements for renewal of permits.
     (5) Notwithstanding any other provision of
law, without the prior approval of the Commercial Fishery Permit Board, a
Columbia River gillnet salmon vessel permit acquired as a result of a waiver
pursuant to subsection (2) of this section may not be transferred to another
vessel until the vessel for which the permit was issued has been used in the
Columbia River gillnet salmon fishery for two or more calendar years. [1979
c.679 §10; 1981 c.365 §15; 1989 c.940 §5; 1995 c.602 §8]
     508.800 [1983 c.419 §2; renumbered 508.765 in 1987]
(Ocean Troll
Salmon Fishery)
     508.801
Vessel permit required to engage in fishery; purchase of fish by dealer from
individual without permit prohibited. (1) Notwithstanding any other provision of the commercial fishing
laws, it is unlawful for an individual to operate a vessel in the ocean troll
salmon fishery without first obtaining a vessel permit issued pursuant to ORS
508.755 and 508.801 to 508.825.
     (2) Notwithstanding any other provision of
the commercial fishing laws, it is unlawful for a wholesaler, canner or buyer
to buy or receive salmon taken in the ocean troll fishery from a vessel for
which the permit required by subsection (1) of this section has not been
issued.
     (3) The permit required by subsection (1)
of this section is in addition to and not in lieu of the boat license required
by ORS 508.260. [1979 c.613 §2; 1981 c.365 §1]
     508.804
Restriction on issuance and renewal of permits. Except as provided in ORS 508.819, no new
vessel permits shall be issued. [1979 c.613 §3; 1989 c.940 §6; 1995 c.602 §9]
     508.807
Renewal of permit; replacement vessel; rules. (1) An individual who obtained the permit required by ORS 508.801 for
a particular calendar year is eligible to obtain renewal of the permit in a
subsequent calendar year upon obtaining the annual boat license referred to in
ORS 508.285. The permit must be renewed, and the boat license obtained, not
later than December 31 of each year or such date as may be established by rule
of the State Department of Fish and Wildlife.
     (2) Notwithstanding any other provision of
law, an individual who permanently loses the services of a vessel through
capsizing, sinking, fire, collision or other catastrophic accident has a period
of two years from the date of loss to replace the vessel without losing
eligibility to renew the vessel permit. [1979 c.613 §4; 1981 c.43 §5; 1987
c.912 §1; 1995 c.602 §10; 2007 c.768 §8]
     508.808
Special renewal and fee provisions. (1) In order to be able to renew the vessel permit in any subsequent
year, an individual is not required to renew the boat license as provided in
ORS 508.807 if:
     (a) In the year prior to renewal there was
not an ocean troll salmon season of more than 20 consecutive days between May 1
and July 31 in the Pacific Fisheries Management Council management area
adjacent to the port where the vessel lands fish; and
     (b) The vessel landed salmon in only one
single
     (2) The State Department of Fish and
Wildlife may, upon written request by the purchaser, refund any amount paid for
a boat license for a boat that qualifies under the provisions of subsection (1)
of this section. [1993 c.227 §§2,3; 1995 c.540 §1]
     508.810
Considerations in determining eligibility for permit. In making determinations regarding renewal
of the permits required by ORS 508.801, the State Department of Fish and
Wildlife and the Commercial Fishery Permit Board may consider as evidence of
permit qualifications or requirements department records and such receipts,
accounts, contracts and other business records of private parties as the
department or the board considers reliable evidence of the qualifications or requirements
in question. [1979 c.613 §5; 1989 c.940 §7]
     508.813
Permit revocation procedure.
The Commercial Fishery Permit Board may revoke and refuse subsequent issuance
of a permit required by ORS 508.801 in the manner provided in ORS 508.485 and
508.490. [1979 c.613 §6]
     508.816
Fee; application form; rules.
(1) The annual fee for the vessel permit required by ORS 508.801 is $10.
     (2) Applications shall be in such form and
contain such information as the State Department of Fish and Wildlife, by rule,
may prescribe. [1979 c.613 §7; 1981 c.43 §1; 1987 c.912 §2]
     Note: See note under 508.285.
     508.819
Lottery system for permit issuance. (1)(a) Except as provided in subsections (2) and (3) of this section,
if the number of permits renewed under ORS 508.807 falls below 1,000, the State
Department of Fish and Wildlife shall issue permits by a lottery system for
vessels that do not meet the requirements of ORS 508.807. However, the number
of permits issued pursuant to any such lottery system may not increase the
number of permits issued to a total number greater than 1,000.
     (b) In issuing permits under the lottery
system, the department shall issue permits for vessels based on the following
categories:
     (A) Vessels less than or equal to 30 feet;
     (B) Vessels greater than 30 feet and less
than or equal to 42 feet; or
     (C) Vessels greater than 42 feet.
     (c) When a vessel in one category does not
renew its permit, only another vessel in the same category, or a vessel in a
category for vessels of a smaller size, may qualify for the permit.
     (d) When the department holds a lottery
under this section, the following fees shall be charged for each vessel permit
that the department issues as a result of the lottery:
     (A) For vessels less than or equal to 30
feet, $250.
     (B) For vessels greater than 30 feet and
less than or equal to 42 feet, $500.
     (C) For vessels greater than 42 feet,
$750.
     (2) The State Fish and Wildlife Commission
may, in its discretion, suspend the lottery for up to two years. Suspension
shall be based on the commissionÂ’s assessment of the condition of the resource
and shall account for the recommendations of the Troll Salmon Permit Review
Board.
     (3) The department shall consider a permit
transferred to, purchased by or otherwise held by the federal government as a
permit renewed under ORS 508.807. A permit transferred to, purchased by or
otherwise held by the federal government is a permit under the limit of 1,000
permits established by this section. [1979 c.613 §8; 1981 c.365 §2; 1987 c.912 §3;
subsection (2) of 1987 Replacement Part enacted as 1983 c.797 §4; 1993 c.555 §1;
1995 c.602 §13; 2001 c.235 §1; 2007 c.461 §1]
     508.822
Permit transfer restrictions; rules. (1) The vessel permit required by ORS 508.801 is transferable:
     (a) To a replacement vessel of the permit
holder.
     (b) To the purchaser of the vessel when
the vessel is sold.
     (c) Upon request of a permit holder,
transfer of a permit to a replacement vessel owned by an individual other than
the permit holder if authorized by the State Department of Fish and Wildlife.
However, any transfer of a permit away from a vessel without the written
consent of each person holding a security interest in such vessel is void.
     (2) Permits may be transferred between
vessels where both vessels fall within any one of the following categories:
     (a) Vessels less than or equal to 30 feet;
     (b) Vessels greater than 30 feet and less
than or equal to 42 feet; or
     (c) Vessels greater than 42 feet.
     (3) A permit may be transferred from a
vessel that is in one of the categories defined in subsection (2) of this
section to a vessel that is in a different category provided that no vessel
permit may be transferred to a vessel more than five feet longer than the
vessel from which the permit is being transferred.
     (4)(a) Notwithstanding subsection (3) of
this section and except for transfer to another vessel owned by the current
permit holder, a vessel permit may be transferred to a vessel over 30 feet in
length only if, in the calendar year prior to transfer, the vessel from which
the permit is being transferred was used in the ocean troll salmon fishery in
Oregon, Alaska, Washington or California to take 100 pounds of salmon. The
department, by rule, may require proof of vessel ownership prior to the
transfer of a permit away from any vessel. This section shall not be effective
in the calendar year following a year in which the number of permits issued
pursuant to ORS 508.801 is less than 1,000.
     (b) A vessel permit may not be transferred
more than once in any 12-month period. However, the Commercial Fishery Permit
Board may waive the waiting period for additional transfer if the board finds
that strict adherence to the waiting period would create undue hardship for the
individual seeking transfer of the permit.
     (5) Persons requesting the transfer of a
permit pursuant to subsection (1)(c) of this section shall provide to the
department copies of documents or state registration for each vessel as proof
of the length and ownership. [1979 c.613 §9; 1981 c.365 §3; 1983 c.797 §5; 1985
c.159 §1; 1987 c.912 §4; 1989 c.441 §1; 1995 c.602 §14; 2007 c.461 §2]
     508.825
Review of permit denial; rules; fee. (1) An individual whose application for renewal or transfer of the
permit required by ORS 508.801 is denied by the State Department of Fish and
Wildlife may make written request to the Commercial Fishery Permit Board for
review of the denial. The review provided in this subsection is in lieu of any
such review by the department or the State Fish and Wildlife Commission. The
request shall be in such form and shall contain such information as the board
considers appropriate. The request shall be accompanied by a nonrefundable fee
of $75. Such fee shall apply toward the permit fee of successful applicants.
     (2) In accordance with any applicable
provision of ORS chapter 183, the board shall review denials of applications
for renewal or transfer of permits. Orders issued by the board are not subject
to review by the commission, but may be appealed as provided in ORS 183.480 to
183.540. The board may waive requirements for renewal or transfer of permits if
the board finds that the individual fails to meet the requirements as the
result of illness, accident or other circumstances beyond the individualÂ’s
control.
     (3) In accordance with any applicable
provision of ORS chapter 183, the board may promulgate such rules as it
considers necessary to carry out its duties, functions and powers.
     (4) The board may delegate to the
department its authority to waive requirements for renewal or transfer of permits.
[1979 c.613 §11; 1981 c.365 §4; 1983 c.797 §6; 1987 c.912 §5; 1989 c.940 §8;
1995 c.602 §15]
     508.828
Single delivery license in lieu of vessel permit. Notwithstanding ORS 508.755, 508.801 to
508.825, 508.880, 508.883 and 508.889 to 508.910, subject to ORS 508.316, a
vessel not having a permit may in an emergency and with the approval of the
State Department of Fish and Wildlife land salmon by purchase of a single
delivery license. [1981 c.365 §21; 1999 c.164 §3]
(Ocean
Scallop Fishery)
     508.840
Vessel permit required to engage in fishery; purchase of scallops by dealer
from individual without permit prohibited. (1) Notwithstanding any other provision of the commercial fishing
laws, it is unlawful for an individual to operate a vessel in the ocean scallop
fishery without first obtaining a vessel permit issued pursuant to ORS 508.840
to 508.867.
     (2) Notwithstanding any other provision of
the commercial fishing laws, it is unlawful for a wholesaler, canner or buyer
to buy or receive scallops taken in the ocean fishery from a vessel for which
the permit required by subsection (1) of this section has not been issued.
     (3) The permit required by subsection (1)
of this section is in addition to and not in lieu of the boat license required
by ORS 508.260. [1981 c.365 §25]
     508.843
Use of single delivery license in lieu of permit; reciprocity of law. (1) Notwithstanding ORS 508.840, an
individual who holds a valid scallop fishing permit required by or issued
pursuant to the laws of the states of Washington or California may land
scallops in this state that were taken in the ocean fishery without the permit
required by ORS 508.840 if the vessel possesses a single delivery license
referred to in ORS 508.285.
     (2) This section remains operative only
while laws or administrative rules in
     508.846
Issuance of permits restricted.
Except as provided in ORS 508.861, no new vessel permits shall be issued. [1981
c.365 §27; 1989 c.940 §9; 1995 c.602 §17]
     508.849
Renewal of permit. An
individual who obtained the permit required by ORS 508.840 for calendar year
1981 is eligible to obtain renewal of the permit in a subsequent calendar year,
upon application by December 31 of the permit year and payment of the fees
therefor, if during the preceding calendar year the vessel for which permit
renewal application is made was used in the ocean fishery to take at least
5,000 pounds of food fish which were lawfully landed in this state. [1981 c.365
§28; 1995 c.602 §18]
     508.852
Considerations in determining eligibility for permit. In making determinations regarding renewal
of the permits required by ORS 508.840, the State Department of Fish and
Wildlife and the Commercial Fishery Permit Board may consider as evidence of
permit qualifications or requirements department records and such receipts,
accounts, contracts and other business records of private parties as the
department or the board considers reliable evidence of the qualifications or
requirements in question. [1981 c.365 §29; 1989 c.940 §10]
     508.855
Permit revocation procedure.
The Commercial Fishery Permit Board may revoke and refuse subsequent issuance
of a permit required by ORS 508.840 in the manner provided in ORS 508.485 and
508.490. [1981 c.365 §30]
     508.858
Fee. The annual fee for the
vessel permit required by ORS 508.840 is $75. [1981 c.365 §31; 1991 c.701 §14]
     508.861
Lottery system for permit issuance; rules. The State Department of Fish and Wildlife may establish by rule a
lottery system for issuing permits to vessels that do not meet the requirements
of ORS 508.849. The department, by rule, shall determine the number of permits and
the criteria for issuance. [1981 c.365 §32; 1989 c.940 §11a; 1995 c.602 §19]
     508.864
Permit transfer restrictions.
Notwithstanding any other provision of law, an ocean scallop vessel permit
issued pursuant to ORS 508.840 to 508.867 may not be transferred to another
vessel:
     (1) Until the vessel for which the permit
was issued has been used in the ocean scallop fishery for three or more
calendar years to land at least 5,000 pounds of food fish annually.
     (2) More than once in any 12-month period.
However, the Commercial Fishery Permit Board may waive the waiting period if
the board finds that strict adherence to the waiting period would create undue
hardship for the individual seeking transfer of the permit.
     (3) That is more than five feet longer
than the vessel from which the permit is transferred. [1981 c.365 §33; 1995
c.602 §20]
     508.867
Review of permit denial; fee; rules. (1) Notwithstanding ORS 508.755 (6)(b) and (c), an individual whose
application for renewal of the permit required by ORS 508.840 is denied by the
State Department of Fish and Wildlife may make written request to the
Commercial Fishery Permit Board for review of the denial. The review provided
in this subsection is in lieu of any such review by the department or the State
Fish and Wildlife Commission. The request shall be in such form and shall
contain such information as the board considers appropriate. The request shall
be accompanied by a nonrefundable fee of $75. Such fee shall apply toward the
permit fee of successful applicants.
     (2) In accordance with any applicable
provision of ORS chapter 183, the board shall review denials of applications
for renewal of permits. Orders issued by the board are not subject to review by
the commission, but may be appealed as provided in ORS 183.480 to 183.540. The
board may waive requirements for renewal of permits if the board finds that the
individual for personal or economic reasons chooses to actively fish the permit
vessel in some other ocean fishery or if the board finds that the individual
fails to meet the requirements as the result of illness, accident or other
circumstances beyond the individualÂ’s control.
     (3) In accordance with any applicable
provision of ORS chapter 183, the board may promulgate such rules as it
considers necessary to carry out its duties, functions and powers.
     (4) The board may delegate to the
department the authority to waive eligibility requirements for renewal of
permits. [1981 c.365 §34; 1989 c.940 §11; 1995 c.602 §21]
(Ocean Pink
Shrimp Fishery)
     508.880
Vessel permit required to engage in fishery; purchase of shrimp by dealers from
individual without permit prohibited. (1) Notwithstanding any other provision of the commercial fishing
laws, it is unlawful for an individual to operate a vessel in the ocean pink
shrimp fishery without first obtaining a vessel permit issued pursuant to ORS
508.880, 508.883 and 508.889 to 508.910.
     (2) Notwithstanding any other provision of
the commercial fishing laws, it is unlawful for a wholesaler, canner or buyer
to buy or receive pink shrimp (Pandalus jordani) taken in the ocean pink shrimp
fishery from a vessel for which the permit required by subsection (1) of this
section or the license required by ORS 508.883 has not been issued.
     (3) The permit required by subsection (1)
of this section is in addition to and not in lieu of the boat license required
by ORS 508.260. [1979 c.613 §13; 1981 c.365 §5]
     508.883
Use of single delivery license in lieu of vessel permit; reciprocity of law. (1) Notwithstanding ORS 508.880, an individual
who holds valid commercial fishing permits required by or issued pursuant to
the laws of the states of Washington or California to take pink shrimp may land
pink shrimp in this state that were taken in the ocean pink shrimp fishery
without the permit required by ORS 508.880 if the vessel possesses a single
delivery license referred to in ORS 508.285. However, a single delivery license
may be used to land pink shrimp only once in a 12-month period as established
by rule of the State Fish and Wildlife Director.
     (2) Subsection (1) of this section shall
apply to a vessel registered under the laws of another state only while laws or
administrative rules are operative in that state that contain, in substance or
effect, provisions similar to the provisions of subsection (1) of this section.
[1979 c.613 §14; 1987 c.912 §9; 1995 c.602 §22; 1999 c.164 §5]
     508.886
Limitation on number of permits; eligibility. Notwithstanding any other provision of law, until the number of vessel
permits required by ORS 508.880 reaches 235:
     (1) For calendar year 1987, those persons
who delivered pink shrimp by use of a single delivery license referred to in
ORS 508.285 during calendar year 1986 are eligible to obtain a permit.
     (2) For calendar year 1988, those persons
who deliver pink shrimp from their own boats by use of a single delivery
license referred to in ORS 508.285 during calendar year 1987 are eligible to
obtain a permit, giving priority in the order of the date of delivery. [1987
c.912 §11]
     508.889
Issuance of permits limited.
Except as provided in ORS 508.904, no new vessel permits shall be issued. [1979
c.613 §15; 1989 c.940 §12; 1995 c.602 §23]
     508.892
Renewal of permit; rules.
(1) An individual who obtained the permit required by ORS 508.880 for a
particular calendar year is eligible to obtain renewal of the permit in a
subsequent calendar year upon application and payment of the fees therefor and
upon obtaining the annual boat license referred to in ORS 508.285. The permit
must be applied for, and the boat license obtained, not later than December 31
of each year or such date as may be established by rule of the State Department
of Fish and Wildlife.
     (2) An individual who permanently loses
the services of a vessel through capsizing, sinking, fire, collision or other
catastrophic accident shall remain eligible to obtain a vessel permit for a
replacement vessel for two years from the date of loss. [1979 c.613 §16; 1981
c.365 §6; 1985 c.453 §1; 1987 c.912 §8; 1995 c.602 §24; 1999 c.165 §1; 2007
c.768 §9]
     508.895
Considerations in determining eligibility for permit. In making determinations regarding renewal
of the permits required by ORS 508.880, the State Department of Fish and
Wildlife and the Commercial Fishery Permit Board may consider as evidence of
permit qualifications or requirements department records and such receipts,
accounts, contracts and other business records of private parties as the
department or the board considers reliable evidence of the qualifications or
requirements in question. [1979 c.613 §17; 1989 c.940 §13]
     508.898
Permit revocation procedure.
The Commercial Fishery Permit Board may revoke and refuse subsequent issuance
of a permit required by ORS 508.880 in the manner provided in ORS 508.485 and
508.490. [1979 c.613 §18]
     508.901
Fee; application form; rules.
(1) The annual fee for the vessel permit required by ORS 508.880 is $75.
     (2) Applications shall be in such form and
contain such information as the State Department of Fish and Wildlife, by rule,
may prescribe. [1979 c.613 §19; 1981 c.43 §2; 1987 c.912 §7; 1991 c.701 §15]
     508.904
Lottery system for permit issuance. (1) Except as provided in subsection (2) of this section, if the
number of permits renewed under ORS 508.892 falls below 150, the State
Department of Fish and Wildlife shall issue permits by lottery systems for
vessels that do not meet such requirements, first among those individuals who
landed pink shrimp pursuant to a single delivery license referred to in ORS
508.285, and then among all other individuals making application therefor.
However, the number of permits issued pursuant to any such lottery system may
not increase the total number of permits issued beyond 150.
     (2) The department shall consider a permit
transferred to, purchased by or otherwise held by the federal government as a
permit renewed under ORS 508.892. A permit transferred to, purchased by or
otherwise held by the federal government is a permit under the limit of 150
permits established by this section. [1979 c.613 §20; 1981 c.365 §7; 1987 c.912
§6; 1989 c.940 §15; 1995 c.602 §25; 2001 c.235 §2]
     508.907
Permit transfer restrictions.
(1) The vessel permit required by ORS 508.880 is transferable:
     (a) To a replacement vessel of the permit
holder. A replacement is any vessel that is purchased for any reason to replace
a vessel previously owned by and licensed to the permit holder;
     (b) To the purchaser of the vessel when
the vessel is sold; or
     (c) To a replacement vessel owned by an
individual other than the permit holder. However, any transfer of a permit away
from a vessel without the written consent of each person holding a security
interest in such vessel is void.
     (2) A permit may be transferred to a
vessel of greater length only if that vessel is within 5 feet in overall length
of the vessel from which the permit is being transferred. This provision does
not apply if the permit is being transferred from one vessel owned by an
individual to another vessel not exceeding 80 feet in length that is owned by
the same individual.
     (3) A permit may not be transferred to
another vessel more than once in a 12-month period. However, the Commercial
Fishery Permit Board may waive the waiting period if the board finds that
strict adherence to the waiting period would create undue hardship for the
individual seeking transfer of the permit. [1979 c.613 §21; 1981 c.365 §8; 1995
c.602 §26; 1999 c.165 §2]
     508.908
Limits on authority of Commercial Fishery Permit Board to prohibit transfer of
valid pink shrimp vessel permits. The Commercial Fishery Permit Board may not prohibit the transfer
under ORS 508.907 of a valid ocean pink shrimp vessel permit on the basis that:
     (1) The vessel for which the permit was
issued did not participate in the ocean pink shrimp fishery for three or more
preceding consecutive years to annually land at least 5,000 pounds of shrimp in
Oregon, California or Washington; or
     (2) The holder of the permit did not
obtain an exemption from the catch requirement. [1999 c.165 §4]
     Note: 508.908 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 508 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     508.910
Review of permit denial; fee; rules; limitation on transfer of certain permits. (1) An individual whose application for
renewal of the permit required by ORS 508.880 is denied by the State Department
of Fish and Wildlife may make written request to the Commercial Fishery Permit
Board for review of the denial. The review provided in this subsection is in
lieu of any such review by the department or the State Fish and Wildlife
Commission. The request shall be in such form and shall contain such
information as the board considers appropriate. The request shall be
accompanied by a nonrefundable fee of $75. Such fee shall apply toward the
permit fee of successful applicants.
     (2) In accordance with any applicable
provision of ORS chapter 183, the board shall review denials of applications
for renewal of permits. Orders issued by the board are not subject to review by
the commission, but may be appealed as provided in ORS 183.480 to 183.540. The
board may waive requirements for renewal of permits if the board finds that the
individual fails to meet the requirements as the result of illness, accident or
other circumstances beyond the individualÂ’s control.
     (3) In accordance with any applicable
provision of ORS chapter 183, the board may promulgate such rules as it
considers necessary to carry out its duties, functions and powers.
     (4) The board may delegate to the
department its authority to waive requirements for renewal of permits. [1979
c.613 §22; 1981 c.365 §9; 1989 c.940 §14; 1995 c.602 §27; 1999 c.165 §3]
     508.913
Issuance of permits for vessels engaged in groundfish fishery; permit transfer
restriction. (1) The
Commercial Fishery Permit Board is authorized to receive applications and issue
ocean pink shrimp vessel permits for 1982 to trawl vessel owners for those
vessels that did not qualify for or receive an ocean pink shrimp permit in
1980, if the board finds that the vessel has been actively engaged in OregonÂ’s
groundfish fishing since January 1, 1974, or entered that fishery subsequent to
January 1, 1974, but prior to July 1, 1979, and has continued to be actively
engaged in that Oregon fishery.
     (2) Notwithstanding any other provision of
law, without the prior approval of the Commercial Fishery Permit Board, an
ocean pink shrimp vessel permit acquired pursuant to subsection (1) of this
section may not be transferred to another vessel until the vessel for which the
permit was issued has been used in the ocean pink shrimp fishery for two or
more calendar years. [1981 c.365 §22]
     508.915
Negotiations to establish reciprocal agreements pertaining to pink shrimp. The State Fish and Wildlife Director shall
work with the appropriate authorities in the states of
     Note: 508.915 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 508 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     508.920 [1979 c.613 §10; 1983 c.419 §3; 1987 c.374 §3;
1995 c.484 §8; renumbered 508.755 in 1995]
(Ocean
Dungeness Crab Fishery)
     508.921
Findings; rules. The
Legislative Assembly finds that the
     508.926
Vessel permit required to engage in fishery; purchase of crab by dealer from
individual without permit prohibited. (1) Notwithstanding any other provision of the commercial fishing
laws, it is unlawful for an individual to operate a vessel in the ocean
Dungeness crab fishery without first obtaining a vessel permit issued pursuant
to ORS 508.931 or 508.941.
     (2) Notwithstanding any other provision of
the commercial fishing laws, it is unlawful for a wholesaler, canner or buyer
to buy or receive ocean Dungeness crab taken in the ocean fishery from a vessel
for which the permit required by subsection (1) of this section has not been
issued.
     (3) The permit required by subsection (1)
of this section is in addition to and not in lieu of the boat license required
by ORS 508.260. [1995 c.484 §3]
     508.931
Eligibility for permit. (1)
The system established under ORS 508.921 shall provide initial eligibility for
vessels to participate in the ocean Dungeness crab fishery seasons established
by the State Fish and Wildlife Commission, beginning on December 1, 1995, with
a transferable ocean Dungeness crab permit only if:
     (a) The vessel for which application is
made was continuously licensed pursuant to ORS 508.260 for the calendar years
1991 through 1994, and was used in the ocean Dungeness crab fishery to lawfully
land into Oregon ports at least 500 pounds of ocean Dungeness crab in each of
two crab fishing seasons between December 1, 1988, and December 31, 1994;
     (b) The vessel for which application is
made was under construction between December 1, 1988, and August 14, 1991, for
the purpose of ocean Dungeness crab fishing in waters of this state, and the
vessel lawfully landed into Oregon ports at least 500 pounds of ocean Dungeness
crab in each of two crab fishing seasons between December 1, 1988, and December
31, 1994, and was licensed as an Oregon vessel from the date of completion;
     (c) The vessel for which application is
made was used in the ocean Dungeness crab fishery to lawfully land into Oregon
ports at least 500 pounds of ocean Dungeness crab in each of two crab fishing
seasons between December 1, 1991, and December 31, 1994, and is owned by a person
who, prior to December 31, 1994, sold a vessel that was used prior to sale in
the ocean Dungeness crab fishery to lawfully land into Oregon ports at least
500 pounds of ocean Dungeness crab in each of two crab fishing seasons between
December 1, 1988, and December 31, 1994, and who, as a condition of the sale,
retained the sold vesselÂ’s commercial fishing rights to fish for ocean
Dungeness crab in the ocean waters of Oregon;
     (d) The vessel for which application is
made was continuously licensed pursuant to ORS 508.260 for the calendar years
1991 through 1994, was used in the ocean Dungeness crab fishery to lawfully
land into Oregon ports at least 10,000 pounds of ocean Dungeness crab in one
crab fishing season between December 1, 1988, and December 31, 1994, and the
owner of the vessel on December 31, 1994, demonstrates possession of one or
more vessel licenses described in ORS 508.260 in each of 10 separate years
during the period December 1, 1980, to December 31, 1994; or
     (e) The vessel for which application is
made was licensed pursuant to ORS 508.260 during 1994, is 26 feet or less in
length and was used in the ocean Dungeness crab fishery to lawfully land into
Oregon ports at least 100 pounds of ocean Dungeness crab in at least one crab
fishing season between December 1, 1988, and December 31, 1994.
     (2) As used in this section:
     (a) “Crab fishing season” is the time
period from December 1 of one year through August 14 of the next year.
     (b) “Owner” includes any ownership
interest in a vessel, including interests arising from partnership or
corporation. [1995 c.484 §4]
     508.936
Permit transfer restrictions; rules. (1) The system established under ORS 508.921 shall include provisions
to make the vessel ocean Dungeness crab permit required by ORS 508.926 transferable:
     (a) To another vessel; or
     (b) To the purchaser of the vessel when
the vessel is sold.
     (2) The vessel to which a permit is
transferred may not be:
     (a) More than 10 feet longer than the
vessel from which the permit is transferred; or
     (b) More than 99 feet in length.
     (3) Notwithstanding subsection (2) of this
section, a permit issued to a vessel:
     (a) Under ORS 508.931 (1)(e) shall be
transferred only to a vessel that is 26 feet or less in length.
     (b) May not be transferred to a vessel that
is more than 10 feet longer than the vessel for which the permit was held on
January 1, 2006. However, the Commercial Fishery Permit Board may waive the
length restriction in this paragraph if the board finds that strict adherence
to the length restriction would create undue hardship, as that term is defined
by rule by the State Fish and Wildlife Commission, for the individual seeking
transfer of the permit.
     (4) Transfer of a permit under this
section is subject to the approval of the State Department of Fish and Wildlife
according to such rules as the State Fish and Wildlife Commission may adopt.
Any transfer of a permit from a vessel without the written consent of each
person holding a security interest in the vessel is void.
     (5) For purposes of this section, the
length of a vessel shall be determined by the manufacturerÂ’s specification of
overall length, United States Coast Guard documentation stating overall length
or a survey of overall length by a certified marine surveyor, as the State Fish
and Wildlife Commission by rule shall establish. [1995 c.484 §5; 2005 c.629 §3]
     508.941
Review of eligibility determinations; reciprocity with other states; fee. (1) The system established under ORS 508.921
shall include any other provisions for participation that the State Fish and
Wildlife Commission considers appropriate.
     (2) Any determination by the commission
regarding the eligibility of a vessel to participate in the ocean Dungeness
crab commercial fishery or to transfer participation rights is subject to
review by the Commercial Fishery Permit Board, in accordance with ORS chapter
183. The board may waive the eligibility requirements contained in ORS 508.931
if the board finds that the individual fails to meet the requirements as the
result of illness, fire, sinking, accident or other circumstances beyond the
individualÂ’s control. In making a determination of eligibility under this
section, the board shall consider the applicantÂ’s history of participation in
the
     (3) A commercial fishing vessel that holds
a valid Washington or California permit to fish for ocean Dungeness crab shall
be eligible to participate in the Oregon ocean Dungeness crab fishery provided
there is reciprocal statutory authority in Washington or California that
provides for equal access for vessels holding Oregon ocean Dungeness crab
permits to Washington or California coastal waters and Washington waters of the
Columbia River. If such reciprocal statutory authority exists, a vessel
licensed by
     (4) The annual fee to participate in the
ocean Dungeness crab fishery is $75, except that the fee for 1995 is waived. [1995
c.484 §6; 1997 c.837 §9]
(Black and
Blue Rockfish and Nearshore Fishery)
     508.945
Vessel permit required; rules; purchase of black or blue rockfish or nearshore
fish from individual without permit prohibited; exemptions. (1) Notwithstanding any other provision of
the commercial fishing laws and except as provided in subsection (4) of this
section, a person may not operate a vessel for:
     (a) Landing black rockfish or blue
rockfish in a fishery without a black rockfish and blue rockfish vessel permit
issued under ORS 508.947; or
     (b) Landing nearshore fish in a fishery
without a black rockfish and blue rockfish vessel permit with a nearshore fish
endorsement issued under ORS 508.947.
     (2)(a) The State Fish and Wildlife
Commission may prescribe by rule the type of fishing gear that a vessel
required to have a permit under this section shall use to land black rockfish,
blue rockfish or nearshore fish.
     (b) The commission may not prescribe a
rule under this subsection that allows a vessel to use:
     (A) Diving gear.
     (B) Pots, unless a vessel was issued a pot
endorsement in the Interim Nearshore Fisheries Plan through the Developmental
Fisheries Program enacted by the commission.
     (3) Notwithstanding any other provision of
the commercial fishing laws, a wholesaler, canner or buyer may not buy or
receive black rockfish, blue rockfish or nearshore fish taken in a fishery from
a vessel for which the permit required by this section has not been issued,
unless the black rockfish, blue rockfish or nearshore fish were taken pursuant
to subsection (4)(a), (b) or (c) of this section.
     (4) A person may operate a vessel without
a permit required by this section if the person:
     (a) For only one landing per day, lands no
more than 15 pounds of black rockfish, blue rockfish, nearshore fish or a
combination of black rockfish, blue rockfish or nearshore fish and if the black
rockfish, blue rockfish and nearshore fish:
     (A) Make up 25 percent or less of the
total poundage of the landing; and
     (B) Are landed with fishing gear that is
legal to use in the fishery in which the black rockfish, blue rockfish or
nearshore fish are landed;
     (b) Operates a vessel in the ocean troll
salmon fishery pursuant to ORS 508.801 to 508.825 and the person lands black
rockfish, blue rockfish or a combination of black rockfish and blue rockfish in
the same landing in which the person lands a salmon under the permit required
by ORS 508.801 to 508.825. The black rockfish or blue rockfish landed under
this paragraph must be landed dead. A person who lands black rockfish and blue
rockfish under this paragraph may land up to the greater of:
     (A) 30 black rockfish or 30 blue rockfish
per landing or a combination of 30 black rockfish and blue rockfish per
landing; or
     (B) 100 pounds of black rockfish, blue
rockfish or a combination of black rockfish and blue rockfish per landing;
     (c) Operates a vessel in the west coast
groundfish trawl fishery pursuant to federal regulations and lands no more than
1,000 pounds of black rockfish, blue rockfish or a combination of black
rockfish and blue rockfish per calendar year and if the black rockfish and blue
rockfish:
     (A) Make up 25 percent or less of the
total poundage of each landing; and
     (B) Are landed dead; or
     (d) Is a nonprofit aquarium or has
contracted with a nonprofit aquarium to land black rockfish, blue rockfish or
nearshore fish for the purpose of displaying or conducting research on the
black rockfish, blue rockfish or nearshore fish.
     (5) Notwithstanding the amounts set forth
in subsection (4)(b) of this section, the State Fish and Wildlife Commission
may change the amounts of black rockfish, blue rockfish or the combination of
black rockfish and blue rockfish allowed to be landed under subsection (4)(b)
of this section by rule based on an assessment of the resource. [2003 c.809 §2]
     508.947
Eligibility for permit; renewal; rules. (1) The State Department of Fish and Wildlife may issue a black
rockfish and blue rockfish vessel permit to an owner of a vessel that landed a
minimum of 750 pounds of nontrawl caught black rockfish, blue rockfish or
nearshore fish in any one calendar year between January 1, 1995, and January 1,
2001, or in the six-month period between January 1, 2001, and July 1, 2001, for
delivery to a fish processor licensed pursuant to ORS 508.025.
     (2) The department may issue a black
rockfish and blue rockfish vessel permit with a nearshore fish endorsement to
an owner of a vessel that was issued a permit under the Interim Nearshore
Fisheries Plan through the Developmental Fisheries Program.
     (3) The department may renew a black
rockfish and blue rockfish vessel permit or a black rockfish and blue rockfish
vessel permit with a nearshore fish endorsement if the vessel made a minimum of
five commercial fish landings during the calendar year prior to the request for
renewal for delivery to a fish processor licensed pursuant to ORS 508.025.
     (4) Permits issued under this section
expire on December 31 of each year or on such date as may be specified by
department rule. An owner of a vessel with a permit must submit a renewal
application to the department by January 1 of each year or by such date as may
be specified by department rule. If the owner of a vessel with a permit does
not timely submit a renewal application, the department shall, not more than 30
days after the application was due, send to the owner by certified letter a
notice of the failure to submit the renewal application. An owner may submit a
late application to renew a permit not more than 90 days after the application
was due if the owner pays a $150 late fee in addition to the fee required in
ORS 508.949.
     (5) In making determinations regarding
initial eligibility for and renewal of a permit issued under this section, the
department may consider department records and receipts and accounts, contracts
and other business records of private parties that the department considers
reliable.
     (6) Except as provided in ORS 508.955, new
vessel permits may not be issued under this section after December 30, 2005. [2003
c.809 §3; 2005 c.629 §2; 2007 c.768 §10]
     508.949
Fees; application form; rules.
(1) The annual fee for a black rockfish and blue rockfish vessel permit or a
black rockfish and blue rockfish vessel permit with a nearshore fish
endorsement issued under ORS 508.947 is $75.
     (2) Applications for a permit shall be in
such form and contain such information as the State Department of Fish and
Wildlife, by rule, may prescribe.
     (3) All fees collected under this section
and ORS 508.505 (1)(b) and 508.947 shall be placed into the Black Rockfish,
Blue Rockfish and Nearshore Species Research Account established in ORS 508.951.
[2003 c.809 §4]
     508.951
Black Rockfish, Blue Rockfish and Nearshore Species Research Account; sources;
uses. (1) There is
established a Black Rockfish, Blue Rockfish and Nearshore Species Research
Account in the State Treasury, separate and distinct from the General Fund.
Interest on moneys in the account shall be credited to the account.
     (2) The account shall consist of moneys
deposited into the account by the State Department of Fish and Wildlife from
fees collected for the value of black rockfish, blue rockfish or nearshore fish
at the point of landing pursuant to ORS 508.505 (1)(b) and black rockfish and
blue rockfish vessel permit fees and late fees collected under ORS 508.947 and
508.949. The moneys in the account are continuously appropriated to the State
Department of Fish and Wildlife for gathering and analyzing data and conducting
research on the black rockfish and blue rockfish fishery and the nearshore
species fishery. [2003 c.809 §5]
     508.953
Log book required; collection and report of data. (1) An owner of a vessel that has a black
rockfish and blue rockfish vessel permit or a black rockfish and blue rockfish
vessel permit with a nearshore fish endorsement shall keep a log book that
includes:
     (a) The amount of food fish that are caught;
     (b) The date on which the food fish are
caught;
     (c) The species of food fish that are
caught by the vessel; and
     (d) Any other information that the State
Department of Fish and Wildlife may prescribe.
     (2) The State Department of Fish and
Wildlife shall:
     (a) Annually collect and summarize the
information required by subsection (1) of this section; and
     (b) Present a report on the black rockfish
and blue rockfish fishery and the nearshore species fishery, including the
summary prepared in paragraph (a) of this subsection, to the State Fish and
Wildlife Commission during a public meeting held by July 1. [2003 c.809 §6]
     508.955
Lottery system for permit issuance; rules. (1) The State Fish and Wildlife Commission may establish by rule a
lottery for issuing permits to vessels under ORS 508.947.
     (2) A vessel may qualify for the lottery
if the vessel:
     (a) Has a boat license issued pursuant to
ORS 508.260 for the current year; and
     (b) Had a boat license issued pursuant to
ORS 508.260 for the previous year.
     (3) Based on an assessment of the
resource, the commission may:
     (a) Suspend the lottery for up to two
years; and
     (b) Renew a suspension of the lottery
every two years.
     (4) The commission shall establish by rule
a threshold number of permits below which the department shall issue permits
through the lottery. [2003 c.809 §7]
     508.957
Permit transfer restrictions.
(1) A black rockfish and blue rockfish vessel permit with a nearshore fish
endorsement issued under ORS 508.947 may be transferred to another vessel if:
     (a) The permit has been renewed a minimum
of five times; and
     (b) The vessel operating under the permit
has made, in the previous calendar year, a minimum of five landings that
contained at least 15 pounds of black rockfish, blue rockfish or nearshore
fish.
     (2) Notwithstanding subsection (1) of this
section, a black rockfish and blue rockfish vessel permit with a nearshore fish
endorsement:
     (a) May be transferred one time per
calendar year to a replacement vessel that is owned by the same person that
owns the vessel to which the permit was originally issued.
     (b) That is issued to a vessel owned by a
sole proprietor may be transferred upon the death of the sole proprietor.
     (3) A black rockfish and blue rockfish
vessel permit with a nearshore fish endorsement may not be transferred to a
vessel that is more than five feet longer than the vessel to which the permit
was originally issued.
     (4) A black rockfish and blue rockfish
vessel permit issued under ORS 508.947:
     (a) May be transferred to another vessel
except as provided in paragraph (b) of this subsection.
     (b) May not be transferred to a vessel
that is more than five feet longer than the vessel to which the permit was
originally issued. [2003 c.809 §8]
     508.960
Review of permit denial; fee; rules. (1) A person whose application for issuance, renewal or transfer of a
permit under ORS 508.947 is denied by the State Department of Fish and Wildlife
may make written request to the Commercial Fishery Permit Board for review of
the denial. The review provided in this subsection is in lieu of any such
review by the department or the State Fish and Wildlife Commission. The request
shall be in such form and shall contain such information as the board considers
appropriate. The request shall be accompanied by a nonrefundable fee of $75,
which shall apply toward the permit fee if the application is approved.
     (2) In accordance with the applicable
provisions of ORS chapter 183, the board shall review denials of applications
for issuance, transfer or renewal of permits. Orders issued by the board are
not subject to review by the commission, but may be appealed as provided in ORS
183.480 to 183.540. The board may waive requirements for renewal or transfer of
permits if the board finds that the person fails to meet the requirements as
the result of illness, accident or other circumstances beyond the personÂ’s
control.
     (3) In accordance with the applicable
provisions of ORS chapter 183, the board may promulgate such rules as it
considers necessary to carry out its duties, functions and powers under this
section. [2003 c.809 §9]
     508.990 [Amended by 1961 c.231 §1; repealed by 1965
c.570 §152]
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