Oregon Statute | Act | Code |Title 41 Wildlife| US Code - US Statute

(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 person’s own food fish for commercial purposes. [1965
c.570 §60] 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](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 Pacific Ocean for
commercial purposes in the absence of licenses under paragraphs (e) and
(f) of this subsection.

(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]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] 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] (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]

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]

(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] (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]

(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 Pacific Ocean at any
point in this state.

(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] 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]

(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]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](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] (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]
Notwithstanding any other provision of this chapter, the only license
required for landing albacore tuna from the waters of the Pacific Ocean
at any point in this state is an albacore tuna landing license. [1973
c.768 §17](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](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]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] (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]ISSUANCE, APPLICATION, CONTENTS, WHERE VALID, TRANSFERRING, TERM,
LOCATION ABANDONMENT 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)] 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] (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] 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.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] All
gillnet licenses issued by the States of Oregon and Washington are valid
as to the waters of the Columbia River in Oregon and Washington, as
though issued by the department of fisheries of either state. The
department of fisheries of each state or the officials who have charge of
issuing licenses shall furnish to each other the names of licensees and
the number of the licenses, without cost or expense to either state. Licenses may not be transferred
from one licensee to another. 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, and shall 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]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 United States, until January 1 of the following year,
and shall have preference over other persons therefor. [Amended by 1965
c.570 §72]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]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]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] 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]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(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](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 United States,
and upon or in regard to which a tax or fee has been levied and collected
in the other state, territory or possession; or

(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](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] 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]
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] (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](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
restaurant’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] (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]Notwithstanding any other provision of this
chapter, a person who holds a valid Oregon commercial fishing license may
sell any species of food fish taken in lawful commercial fishing activity
directly from the license holder’s boat, subject to the following
conditions:

(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]SALMON HATCHERY PERMITS (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] (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] 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] Any permit granted by the State Fish
and Wildlife Commission pursuant to ORS 508.700 to 508.745 shall contain
at least the following conditions:

(1) All propagated fish released into state waters shall be marked
annually at no less than the level of marking of the same species of fish
by hatcheries operated by the commission for the purpose of determining
contributions to ocean fisheries.

(2) All propagated coho and chinook salmon released into state
waters shall be marked annually, consistent with subsection (8) of this
section, at a minimum level necessary to determine the proportion of
straying of hatchery coho and chinook salmon into the spawning beds of
natural and hatchery produced native stocks of salmon. However, the
commission shall not require private hatcheries to meet marking standards
that the commission would not apply to its own operations in similar
circumstances.

(3) Prior to release into state waters, the fish must be subject to
examination by a qualified fish pathologist approved by the commission to
determine that they are not diseased or infected with any disease which
in the opinion of the commission may be detrimental to the state fishery
resources. Cost of such examination shall be paid by the permittee. No
fish shall be released without written approval from the commission. The
commission may require diseased fish to be destroyed. The commission
shall not suffer civil or criminal liability for any fish destroyed under
this section.

(4) The permittee may be authorized by the commission to divert all
fish returning to the stream to an inspection area, the location of such
area to be approved by the commission, to examine all fish for the
purpose of identifying propagated fish.

(5) Notwithstanding the provisions of ORS chapters 509 and 511, the
permittee shall have the right to take for commercial purposes, only
those fish the commission determines were propagated by the permittee,
and the commission’s decision is final.

(6) It shall be unlawful for the permittee to select stocks of fish
or to genetically alter the life history or habits of propagated fish in
a way the State Department of Fish and Wildlife determines is
inconsistent with the provisions of ORS 496.012 or 506.109.

(7) It shall be unlawful for the permittee to conduct any activity
not authorized by the permit or fail to conduct activities required by
the permit without approval of the commission after public hearings.

(8) The permittee shall pay all reasonable costs incurred by the
commission as a result of the operation of the private hatchery. [1971
c.203 §5; 1979 c.556 §5; 1985 c.529 §1; 1989 c.817 §1](1) The Legislative Assembly
finds that protecting the natural runs and genetic diversity of
anadromous fish is essential to the long-term health of Oregon’s natural
resources and sport and commercial fisheries.

(2) Not later than January 1, 1990, the State Department of Fish
and Wildlife shall:

(a) Develop and implement monitoring programs, consistent with ORS
508.715 (8) at a minimum level necessary to determine the proportion of
straying of hatchery fish into the spawning beds of natural and hatchery
produced native stocks of salmon.

(b) Utilizing the best available scientific evidence, adopt rules,
after public hearing, that determine the proportion of straying that by
indicator stock is likely to cause deterioration of the genetic diversity
and habitat necessary to maintain long-term species viability or that
causes a deterioration of natural or native stocks of salmon.

(3) The Legislative Assembly further finds that private hatcheries
are a significant part of Oregon’s salmon resource and that the
Legislative Assembly relies on the State Fish and Wildlife Commission to
monitor and regulate private hatcheries in a way that will optimize their
long-term contribution to Oregon’s salmon resource in conformity with the
findings under subsection (1) of this section. [1989 c.817 §5; 1995 c.79
§295](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](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] After first ensuring that all
natural and artificial fish production needs of the State Department of
Fish and Wildlife have been met, the State Fish and Wildlife Commission
may provide at a reasonable fee chum salmon, chinook salmon, silver
salmon or pink salmon, or the sexual products therefrom, for the needs of
any person granted a permit by the commission pursuant to ORS 508.700 to
508.745 in the following order of priority:

(1) The needs of the salmon and trout enhancement program.

(2) The needs of fish propagation facilities operated under
contract or agreement with other state or federal agencies, local
governments, special districts and nonprofit organizations.

(3) The needs of all federal and other fish propagation facilities
located on the Columbia River and its tributaries. [1971 c.203 §7; 1973
c.356 §3; 1979 c.556 §3; 1981 c.317 §9; 1995 c.469 §5] 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] It is the policy
of the State of Oregon that all holders of permits issued pursuant to ORS
508.700 to 508.745 are encouraged to market salmon products obtained
pursuant to permit activities in such manner as to promote the
development and growth of locally based industries and to provide the
maximum benefit to the economy of this state. [1979 c.556 §7] (1) Nothing in ORS
508.700 to 508.745 is intended to give the permittee any equity in any of
the waters or fish of the state.

(2) Nothing in ORS 508.700 to 508.745 shall imply an intent to
permit commercial fishing in any rivers south of the mouth of the
Columbia River except as provided in ORS 508.715 (5). [1971 c.203 §§9,10;
1989 c.817 §3]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 (1) There is
established within the State Department of Fish and Wildlife the
Commercial Fishery Permit Board. The board shall consist of members
appointed by the State Fish and Wildlife Commission as follows:

(a) Three members shall be chosen to represent the Columbia River
gillnet salmon fishing industry.

(b) Three members shall be chosen to represent the ocean troll
salmon fishing industry.

(c) Three members shall be chosen to represent the ocean pink
shrimp fishing industry.

(d) Three members shall be chosen to represent the Yaquina Bay
roe-herring fishing industry.

(e) Three members shall be chosen to represent the sea urchin
commercial fishery.

(f) Three members shall be chosen to represent the ocean Dungeness
crab fishing industry.

(g) Three members shall be chosen to represent the black rockfish
and blue rockfish fishing industry and the nearshore fish fishing
industry.

(h) Two members shall be chosen to represent the public.

(2) A member of the board shall receive no compensation for
services as a member. However, subject to any applicable law regulating
travel and other expenses of state officers and employees, a member shall
be reimbursed for travel and other expenses incurred in the performance
of official duties.

(3) The board shall select such officers, for such terms and with
such duties and powers, as the board considers necessary for the
performance of those offices.

(4) A majority of the members of the board constitutes a quorum for
the transaction of business.

(5) The board shall meet at such times and places as may be
determined by the chairperson or by a majority of the members of the
board.

(6) Notwithstanding any other provision of law:

(a) Members of the board representing the Columbia River gillnet
salmon fishing industry shall participate in actions of the board only on
matters arising under ORS 508.285, 508.470 and 508.775 to 508.796.

(b) Members of the board representing the ocean troll salmon
fishing industry shall participate in actions of the board only on
matters arising under ORS 508.801 to 508.825.

(c) Members of the board representing the ocean pink shrimp fishing
industry shall participate in actions of the board only on matters
arising under ORS 508.880, 508.883 and 508.889 to 508.910.

(d) Members of the board representing the Yaquina Bay roe-herring
fishing industry shall participate in actions of the board only on
matters arising under ORS 508.765.

(e) Members of the board representing the sea urchin commercial
fishery shall participate in actions of the board only on matters arising
under ORS 508.760.

(f) Members of the board representing the ocean Dungeness crab
fishing industry shall participate in actions of the board only on
matters arising under ORS 508.921.

(g) Members of the board representing the black rockfish and blue
rockfish fishing industry and the nearshore fish fishing industry shall
participate in actions of the board only on matters arising under ORS
508.947, 508.957 or 508.960. [Formerly 508.920; 2003 c.809 §13]RESTRICTED PARTICIPATION SYSTEMS(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](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.(1) Notwithstanding any other provision of the commercial fishing
laws, in order to provide a roe-herring commercial fishery with optimum
profits to those engaged in the fishery and to prevent a concentration of
fishing effort that would deplete the resource, the State Fish and
Wildlife Commission, by rule, shall establish a system for limiting
participation in the roe-herring commercial fishing. Any such system may
include, but is not limited to, provisions on the following matters:

(a) Establishment of criteria for initial entry into fishery
participation and for annual qualification for participation thereafter.

(b) Establishment of terms and conditions for transferring
participation rights.

(2) The annual fee to participate in the roe-herring fishery is $75.

(3)(a) A denial by the commission of an application for renewal of
any permit or transfer of any permit established under this section shall
be subject to review by the Commercial Fishery Permit Board upon written
request of the applicant. The review provided under this subsection shall
be in lieu of any such review by the commission or the State Department
of Fish and Wildlife.

(b) Request for review under this subsection shall be on such forms
and contain such information as the board shall determine. Requests for
review shall be accompanied by a $75 fee, which fee shall apply toward
any applicable permit fees resulting from an order of the board in favor
of the requesting applicant.

(4) Orders issued by the board are not subject to review by the
commission but may be appealed as provided in ORS chapter 183.

(5) According to the provisions of ORS chapter 183, the board shall
adopt such rules as it determines necessary to carry out its duties,
functions and powers. [Formerly 508.800; 1991 c.701 §13; 1995 c.602 §4]RESTRICTED VESSEL PERMIT SYSTEMS(Columbia River Gillnet Fishery)(1)
Notwithstanding any other provision of the commercial fishing laws, it is
unlawful for an individual to operate a vessel in the Columbia River
gillnet salmon fishery without first obtaining a vessel permit issued
pursuant to ORS 508.775 to 508.796. However, an individual who holds
valid commercial fishing licenses and vessel permits required by and
issued pursuant to the laws of the State of Washington for commercial
salmon fishing in the Columbia River may land salmon in this state that
were taken in the Columbia River gillnet salmon fishery without the
permit otherwise required by this subsection.

(2) Notwithstanding any other provision of the commercial fishing
laws, it is unlawful for a wholesaler, canner or buyer to buy or receive
salmon taken in the Columbia River gillnet fishery from an individual who
does not have the permit required by subsection (1) of this section.

(3) The permit required by subsection (1) of this section is in
addition to and not in lieu of the boat license required by ORS 508.260.
[1979 c.679 §2; 1981 c.365 §1] 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] An individual who obtained the permit
required by ORS 508.775 for a particular calendar year is eligible to
obtain renewal of the permit in a subsequent calendar year, upon
application and payment of the fees therefor by December 31 of the permit
year. [1979 c.679 §4; 1981 c.365 §12; 1995 c.602 §6] 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] 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] (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. (1) Except as provided
in subsection (2) of this section, if the number of permits renewed under
ORS 508.781 falls below 200, the State Department of Fish and Wildlife
shall issue permits by a lottery system for vessels that do not meet the
requirements of ORS 508.781. However, the number of permits issued
pursuant to any such lottery system shall not increase the number of
permits issued to a total number greater than 200.

(2) The State Fish and Wildlife Commission may, in its discretion,
suspend the lottery for up to two years. Suspension shall be based on the
commission’s assessment of the condition of the resource and shall
account for the recommendations of the Gillnet Salmon Review Board. [1989
c.940 §5b; 1995 c.602 §7] (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](1) An individual whose application for renewal of
the permit required by ORS 508.775 is denied by the State Department of
Fish and Wildlife may make written request to the Commercial Fishery
Permit Board for review of the denial. The review provided in this
subsection is in lieu of any such review by the department or the State
Fish and Wildlife Commission. The request shall be in such form and shall
contain such information as the board considers appropriate. The request
shall be accompanied by a nonrefundable fee of $75. Such fees shall apply
toward the permit fee of successful applicants.

(2) In accordance with any applicable provision of ORS chapter 183,
the board shall review denials of applications for renewal of permits.
Orders issued by the board are not subject to review by the commission,
but may be appealed as provided in ORS 183.480 to 183.500. The board may
waive requirements for renewal of permits if the board finds:

(a) That the individual for personal or economic reasons chose to
actively commercially fish in some other fishery during the Columbia
River gillnet salmon seasons; or

(b) That the individual failed to meet the requirements as the
result of illness, accident or other circumstances beyond the
individual’s control.

(3) In accordance with any applicable provision of ORS chapter 183,
the board may promulgate such rules as it considers necessary to carry
out its duties, functions and powers.

(4) The board may delegate to the department its authority to waive
requirements for renewal of permits.

(5) Notwithstanding any other provision of law, without the prior
approval of the Commercial Fishery Permit Board, a Columbia River gillnet
salmon vessel permit acquired as a result of a waiver pursuant to
subsection (2) of this section may not be transferred to another vessel
until the vessel for which the permit was issued has been used in the
Columbia River gillnet salmon fishery for two or more calendar years.
[1979 c.679 §10; 1981 c.365 §15; 1989 c.940 §5; 1995 c.602 §8](Ocean Troll Salmon Fishery)(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] 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] (1) An individual
who obtained the permit required by ORS 508.801 for a particular calendar
year is eligible to obtain renewal of the permit in a subsequent calendar
year, upon application by December 31 of the permit year and payment of
the fees therefor, and upon obtaining the annual boat license referred to
in ORS 508.285, not later than December 31 of each year.

(2) Notwithstanding any other provision of law, an individual who
permanently loses the services of a vessel through capsizing, sinking,
fire, collision or other catastrophic accident has a period of two years
from the date of loss to replace the vessel without losing eligibility to
renew the vessel permit. [1979 c.613 §4; 1981 c.43 §5; 1987 c.912 §1;
1995 c.602 §10] (1) In order to be able
to renew the vessel permit in any subsequent year, an individual is not
required to renew the boat license as provided in ORS 508.807 if:

(a) In the year prior to renewal there was not an ocean troll
salmon season of more than 20 consecutive days between May 1 and July 31
in the Pacific Fisheries Management Council management area adjacent to
the port where the vessel lands fish; and

(b) The vessel landed salmon in only one single Oregon port and no
other during the preceding three years in which there was a salmon season
of more than 20 consecutive days between May 1 and July 31 in the Pacific
Fisheries Management Council management area adjacent to the port.

(2) The State Department of Fish and Wildlife may, upon written
request by the purchaser, refund any amount paid for a boat license for a
boat that qualifies under the provisions of subsection (1) of this
section. [1993 c.227 §§2,3; 1995 c.540 §1] 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] 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] (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. (1) Except as provided
in subsections (2) and (3) of this section, if the number of permits
renewed under ORS 508.807 falls below 1,200, the State Department of Fish
and Wildlife shall issue permits by a lottery system for vessels that do
not meet the requirements of ORS 508.807. However, the number of permits
issued pursuant to any such lottery system may not increase the number of
permits issued to a total number greater than 1,200.

(2) The State Fish and Wildlife Commission may, in its discretion,
suspend the lottery for up to two years. Suspension shall be based on the
commission’s assessment of the condition of the resource and shall
account for the recommendations of the Troll Salmon Permit Review Board.

(3) The department shall consider a permit transferred to,
purchased by or otherwise held by the federal government as a permit
renewed under ORS 508.807. A permit transferred to, purchased by or
otherwise held by the federal government is a permit under the limit of
1,200 permits established by this section. [1979 c.613 §8; 1981 c.365 §2;
1987 c.912 §3; subsection (2) of 1987 Replacement Part enacted as 1983
c.797 §4; 1993 c.555 §1; 1995 c.602 §13; 2001 c.235 §1] (1) The vessel permit
required by ORS 508.801 is transferable:

(a) To a replacement vessel of the permit holder.

(b) To the purchaser of the vessel when the vessel is sold.

(c) Upon request of a permit holder, transfer of a permit to a
replacement vessel owned by an individual other than the permit holder if
authorized by the State Department of Fish and Wildlife. However, any
transfer of a permit away from a vessel without the written consent of
each person holding a security interest in such vessel is void.

(2) Permits may be transferred between vessels where both vessels
fall within any one of the following categories:

(a) Vessels less than 30 feet;

(b) Vessels greater than 30 feet and less than or equal to 42 feet;
or

(c) Vessels greater than 42 feet.

(3) A permit may be transferred from a vessel that is in one of the
categories defined in subsection (2) of this section to a vessel that is
in a different category provided that no vessel permit may be transferred
to a vessel more than five feet longer than the vessel from which the
permit is being transferred.

(4)(a) Notwithstanding subsection (3) of this section and except
for transfer to another vessel owned by the current permit holder, a
vessel permit may be transferred to a vessel over 30 feet in length only
if, in the calendar year prior to transfer, the vessel from which the
permit is being transferred was used in the ocean troll salmon fishery in
Oregon, Alaska, Washington or California to take 100 pounds of salmon.
The department, by rule, may require proof of vessel ownership prior to
the transfer of a permit away from any vessel. This section shall not be
effective in the calendar year following a year in which the number of
permits issued pursuant to ORS 508.801 is less than 1,200.

(b) A vessel permit may not be transferred more than once in any
12-month period. However, the Commercial Fishery Permit Board may waive
the waiting period for additional transfer if the board finds that strict
adherence to the waiting period would create undue hardship for the
individual seeking transfer of the permit.

(5) Persons requesting the transfer of a permit pursuant to
subsection (1)(c) of this section shall provide to the department copies
of documents or state registration for each vessel as proof of the length
and ownership. [1979 c.613 §9; 1981 c.365 §3; 1983 c.797 §5; 1985 c.159
§1; 1987 c.912 §4; 1989 c.441 §1; 1995 c.602 §14] (1) An individual
whose application for renewal or transfer of the permit required by ORS
508.801 is denied by the State Department of Fish and Wildlife may make
written request to the Commercial Fishery Permit Board for review of the
denial. The review provided in this subsection is in lieu of any such
review by the department or the State Fish and Wildlife Commission. The
request shall be in such form and shall contain such information as the
board considers appropriate. The request shall be accompanied by a
nonrefundable fee of $75. Such fee shall apply toward the permit fee of
successful applicants.

(2) In accordance with any applicable provision of ORS chapter 183,
the board shall review denials of applications for renewal or transfer of
permits. Orders issued by the board are not subject to review by the
commission, but may be appealed as provided in ORS 183.480 to 183.540.
The board may waive requirements for renewal or transfer of permits if
the board finds that the individual fails to meet the requirements as the
result of illness, accident or other circumstances beyond the
individual’s control.

(3) In accordance with any applicable provision of ORS chapter 183,
the board may promulgate such rules as it considers necessary to carry
out its duties, functions and powers.

(4) The board may delegate to the department its authority to waive
requirements for renewal or transfer of permits. [1979 c.613 §11; 1981
c.365 §4; 1983 c.797 §6; 1987 c.912 §5; 1989 c.940 §8; 1995 c.602 §15]
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)(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](1) Notwithstanding ORS 508.840, an individual who
holds a valid scallop fishing permit required by or issued pursuant to
the laws of the states of Washington or California may land scallops in
this state that were taken in the ocean fishery without the permit
required by ORS 508.840 if the vessel possesses a single delivery license
referred to in ORS 508.285.

(2) This section remains operative only while laws or
administrative rules in California and Washington are operative that
contain, in substance or effect, provisions similar to the provisions of
ORS 508.840 (1). [1981 c.365 §26; 1995 c.602 §16; 1999 c.164 §4] 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] 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] 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] 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] The annual fee for the vessel permit required by ORS
508.840 is $75. [1981 c.365 §31; 1991 c.701 §14] 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] 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] (1) Notwithstanding
ORS 508.755 (6)(b) and (c), an individual whose application for renewal
of the permit required by ORS 508.840 is denied by the State Department
of Fish and Wildlife may make written request to the Commercial Fishery
Permit Board for review of the denial. The review provided in this
subsection is in lieu of any such review by the department or the State
Fish and Wildlife Commission. The request shall be in such form and shall
contain such information as the board considers appropriate. The request
shall be accompanied by a nonrefundable fee of $75. Such fee shall apply
toward the permit fee of successful applicants.

(2) In accordance with any applicable provision of ORS chapter 183,
the board shall review denials of applications for renewal of permits.
Orders issued by the board are not subject to review by the commission,
but may be appealed as provided in ORS 183.480 to 183.540. The board may
waive requirements for renewal of permits if the board finds that the
individual for personal or economic reasons chooses to actively fish the
permit vessel in some other ocean fishery or if the board finds that the
individual fails to meet the requirements as the result of illness,
accident or other circumstances beyond the individual’s control.

(3) In accordance with any applicable provision of ORS chapter 183,
the board may promulgate such rules as it considers necessary to carry
out its duties, functions and powers.

(4) The board may delegate to the department the authority to waive
eligibility requirements for renewal of permits. [1981 c.365 §34; 1989
c.940 §11; 1995 c.602 §21](Ocean Pink Shrimp Fishery)(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](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]
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] 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] (1) An individual who obtained the
permit required by ORS 508.880 for a particular calendar year is eligible
to obtain renewal of the permit in a subsequent calendar year, upon
application by December 31 of the permit year and payment of the fees
therefor and upon obtaining the annual boat license referred to in ORS
508.285 not later than December 31 of each year.

(2) An individual who permanently loses the services of a vessel
through capsizing, sinking, fire, collision or other catastrophic
accident shall remain eligible to obtain a vessel permit for a
replacement vessel for two years from the date of loss. [1979 c.613 §16;
1981 c.365 §6; 1985 c.453 §1; 1987 c.912 §8; 1995 c.602 §24; 1999 c.165
§1] 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] 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] (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] (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] (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]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.(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 individual’s control.

(3) In accordance with any applicable provision of ORS chapter 183,
the board may promulgate such rules as it considers necessary to carry
out its duties, functions and powers.

(4) The board may delegate to the department its authority to waive
requirements for renewal of permits. [1979 c.613 §22; 1981 c.365 §9; 1989
c.940 §14; 1995 c.602 §27; 1999 c.165 §3](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 Oregon’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]The State Fish and Wildlife Director shall work with the
appropriate authorities in the states of California and Washington to
negotiate reciprocal agreements that would allow vessels registered under
the laws of those states to land pink shrimp in Oregon to the same extent
that vessels registered in Oregon may land pink shrimp in California or
Washington. [1999 c.164 §6]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.(Ocean Dungeness Crab Fishery) The Legislative Assembly finds that the
Oregon ocean Dungeness crab fishery is overcapitalized. This
overcapitalization has led to economic destabilization of the ocean
Dungeness crab industry and the coastal communities relying on the crab
harvest and can cause excessive harvesting pressure on Oregon’s ocean
Dungeness crab resources. Since the state legislatures of Washington and
California have enacted programs restricting participation in the ocean
Dungeness crab fishery, the possibility of increased effort in Oregon
coastal waters by displaced vessels is increased. Notwithstanding any
other provision of the commercial fishing laws, in order to promote the
economic well-being of the Oregon ocean Dungeness crab industry and the
coastal communities relying on the harvest, to protect the livelihood of
participants in the Oregon ocean Dungeness crab fishery who have
historically and continuously participated in the ocean Dungeness crab
fishery and to prevent a concentration of fishing effort, the State Fish
and Wildlife Commission by rule shall establish a system for restricting
participation in the Oregon ocean Dungeness crab fishery. [1995 c.484 §2](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] (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 vessel’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] (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 manufacturer’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](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 individual’s control. In making a determination of eligibility under
this section, the board shall consider the applicant’s history of
participation in the Oregon ocean Dungeness crab fishery. If a vessel for
which application is made is owned by a person who has served in the
Armed Forces of the United States and the person establishes that a
service-related disability prevented the person from lawfully landing
crab in two seasons during the prescribed time period, there is a
rebuttable presumption in favor of issuing an illness waiver for one of
the two seasons of lawfully landing crab in Oregon required under ORS
508.931 so as to require the landing of crab in only one season during
the prescribed time period. The rebuttable presumption created by this
subsection may be overcome only by clear and convincing evidence that the
service-related disability of the person did not prevent the person from
lawfully landing crab in two seasons during the prescribed time period.
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.

(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 Washington or California is eligible to participate in
accordance with rules that establish reciprocal border agreements that
recognize traditional fishing patterns.

(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)(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] (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. An owner of a vessel with a permit must submit a renewal
application to the department by January 1 of each year. If the owner of
a vessel with a permit does not submit a renewal application by January
1, the department shall, not later than February 1, send to the owner by
certified letter a notice of the failure to submit the renewal
application. An owner may renew a permit later than January 1, but not
later than April 1, 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] (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](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] (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] (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] (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] (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 person’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]

_______________

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