202 sections in this chapter.
ORS 508.804 Prohibition on issuance of permits. No new vessel permits shall be issued in the ocean troll salmon fishery after March 5, 2012. [1979 c.613 §3; 1989 c.940 §6; 1995 c.602 §9; 2012 c.17 §1]
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[Repealed or reserved.]
ORS 508.807 Renewal of permit; replacement vessel; rules. (1) An individual who obtained the permit required by ORS 508.801 for a particular calendar year is eligible to obtain renewal of the permit in a subsequent calendar year upon obtaining the annual boat license referred to in ORS 508.285. The permit must be renewed, and the boat license obtained, not later than December 31 of each year or such date as may be established by rule of the State Department of Fish and Wildlife
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(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…
ORS 508.808 Special renewal and fee provisions. (1) In order to be able to renew the vessel permit in any subsequent year, an individual is not required to renew the boat license as provided in ORS 508.807 if
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(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…
ORS 508.810 Considerations in determining eligibility for permit. In making determinations regarding renewal of the permits required by ORS 508.801, the State Department of Fish and Wildlife and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements department records and such receipts, accounts, contracts and other business records of private parties as the department or the board considers reliable evidence of the qualifications or requirements in question. [1979 c.613 §5; 1989 c.940 §7]
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[Repealed or reserved.]
ORS 508.813 Permit revocation procedure. The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a permit required by ORS 508.801 in the manner provided in ORS 508.485 (1) and 508.490. [1979 c.613 §6; 2013 c.164 §3]
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[Repealed or reserved.]
ORS 508.816 (1) The annual fee for the vessel permit required by ORS 508.801 is
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(a) $152 for resident applicants. (b) $212 for nonresident applicants. (2) Applications shall be in such form and contain such information as the State Department of Fish and Wildlife, by rule, may prescribe.
ORS 508.819 Permits transferred to federal government. The State Department of Fish and Wildlife shall consider a permit transferred to, purchased by or otherwise held by the federal government as a permit renewed under ORS 508.807. [1979 c.613 §8; 1981 c.365 §2; 1987 c.912 §3; subsection (2) of 1987 Replacement Part enacted as 1983 c.797 §4; 1993 c.555 §1; 1995 c.602 §13; 2001 c.235 §1; 2007 c.461 §1; 2012 c.17 §2]
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[Repealed or reserved.]
ORS 508.822 Permit transfer restrictions; fee. (1) The vessel permit required by ORS 508.801 is transferable
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(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, to a replacement vessel owned by an individual other than the permit holder if authorized by the State Department of Fish and Wildlif…
ORS 508.825 Review of permit denial; rules; fee. (1) An individual whose application for renewal or transfer of the permit required by ORS 508.801 is denied by the State Department of Fish and Wildlife may make written request to the Commercial Fishery Permit Board for review of the denial. The review provided in this subsection is in lieu of any such review by the department or the State Fish and Wildlife Commission. The request shall be in such form and shall contain such information as the board considers appropriate. The request shall be accompanied by a nonrefundable fee of $125. Such fee shall apply toward the permit fee of successful applicants
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(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…
ORS 508.828 Single delivery license in lieu of vessel permit. Notwithstanding ORS 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; 2009 c.11 §76]
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(Ocean Scallop Fishery)
ORS 508.840 Vessel permit required to engage in fishery; purchase of scallops by dealer from individual without permit prohibited. (1) Notwithstanding any other provision of the commercial fishing laws, it is unlawful for an individual to operate a vessel in the ocean scallop fishery without first obtaining a vessel permit issued pursuant to ORS 508.840 to 508.867
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(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) Th…
ORS 508.843 Use of single delivery license in lieu of permit; reciprocity of law. (1) Notwithstanding ORS 508.840, an individual who holds a valid scallop fishing permit required by or issued pursuant to the laws of the states of Washington or California may land scallops in this state that were taken in the ocean fishery without the permit required by ORS 508.840 if the vessel possesses a single delivery license referred to in ORS 508.285
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(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]
ORS 508.846 Issuance of permits restricted. Except as provided in ORS 508.861, no new vessel permits shall be issued. [1981 c.365 §27; 1989 c.940 §9; 1995 c.602 §17]
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[Repealed or reserved.]
ORS 508.849 Renewal of permit. An individual who obtained the permit required by ORS 508.840 for calendar year 1981 is eligible to obtain renewal of the permit in a subsequent calendar year, upon application by December 31 of the permit year and payment of the fees therefor, if during the preceding calendar year the vessel for which permit renewal application is made was used in the ocean fishery to take at least 5,000 pounds of food fish which were lawfully landed in this state. [1981 c.365 §28; 1995 c.602 §18]
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[Repealed or reserved.]
ORS 508.852 Considerations in determining eligibility for permit. In making determinations regarding renewal of the permits required by ORS 508.840, the State Department of Fish and Wildlife and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements department records and such receipts, accounts, contracts and other business records of private parties as the department or the board considers reliable evidence of the qualifications or requirements in question. [1981 c.365 §29; 1989 c.940 §10]
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[Repealed or reserved.]
ORS 508.855 Permit revocation procedure. The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a permit required by ORS 508.840 in the manner provided in ORS 508.485 (1) and 508.490. [1981 c.365 §30; 2013 c.164 §4]
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[Repealed or reserved.]
ORS 508.858 The annual fee for the vessel permit required by ORS 508.840 is
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(1) $152 for resident applicants. (2) $212 for nonresident applicants.
ORS 508.861 Lottery system for permit issuance; rules. The State Department of Fish and Wildlife may establish by rule a lottery system for issuing permits to vessels that do not meet the requirements of ORS 508.849. The department, by rule, shall determine the number of permits and the criteria for issuance. [1981 c.365 §32; 1989 c.940 §11a; 1995 c.602 §19]
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[Repealed or reserved.]
ORS 508.864 Permit transfer restrictions; fee. (1) 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
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(a) 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. (b) More than once in any 12-month period. However, the Commercial Fishery Permit Board may waive …
ORS 508.867 Review of permit denial; fee; rules. (1) Notwithstanding ORS 508.755 (6)(b) and (c), an individual whose application for renewal of the permit required by ORS 508.840 is denied by the State Department of Fish and Wildlife may make written request to the Commercial Fishery Permit Board for review of the denial. The review provided in this subsection is in lieu of any such review by the department or the State Fish and Wildlife Commission. The request shall be in such form and shall contain such information as the board considers appropriate. The request shall be accompanied by a nonrefundable fee of $125. Such fee shall apply toward the permit fee of successful applicants
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(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 …
ORS 508.880 Vessel permit required to engage in fishery; purchase of shrimp by dealers from individual without permit prohibited. (1) Notwithstanding any other provision of the commercial fishing laws, it is unlawful for an individual to operate a vessel in the ocean pink shrimp fishery without first obtaining a vessel permit issued pursuant to ORS 508.880, 508.883 and 508.889 to 508.910
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(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 s…
ORS 508.883 Use of single delivery license in lieu of vessel permit; reciprocity of law. (1) Notwithstanding ORS 508.880, an individual who holds valid commercial fishing permits required by or issued pursuant to the laws of the states of Washington or California to take pink shrimp may land pink shrimp in this state that were taken in the ocean pink shrimp fishery without the permit required by ORS 508.880 if the vessel possesses a single delivery license referred to in ORS 508.285. However, a single delivery license may be used to land pink shrimp only once in a 12-month period as established by rule of the State Fish and Wildlife Director
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(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. …
ORS 508.886 Limitation on number of permits; eligibility. Notwithstanding any other provision of law, until the number of vessel permits required by ORS 508.880 reaches 235
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(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 …
ORS 508.889 Issuance of permits limited. Except as provided in ORS 508.904, no new vessel permits shall be issued. [1979 c.613 §15; 1989 c.940 §12; 1995 c.602 §23]
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[Repealed or reserved.]
ORS 508.892 Renewal of permit; rules. (1) An individual who obtained the permit required by ORS 508.880 for a particular calendar year is eligible to obtain renewal of the permit in a subsequent calendar year upon application and payment of the fees therefor and upon obtaining the annual boat license referred to in ORS 508.285. The permit must be applied for, and the boat license obtained, not later than December 31 of each year or such date as may be established by rule of the State Department of Fish and Wildlife
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(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…
ORS 508.895 Considerations in determining eligibility for permit. In making determinations regarding renewal of the permits required by ORS 508.880, the State Department of Fish and Wildlife and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements department records and such receipts, accounts, contracts and other business records of private parties as the department or the board considers reliable evidence of the qualifications or requirements in question. [1979 c.613 §17; 1989 c.940 §13]
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[Repealed or reserved.]
ORS 508.898 Permit revocation procedure. The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a permit required by ORS 508.880 in the manner provided in ORS 508.485 (1) and 508.490. [1979 c.613 §18; 2013 c.164 §5]
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[Repealed or reserved.]
ORS 508.901 (1) The annual fee for the vessel permit required by ORS 508.880 is
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(a) $242 for resident applicants. (b) $303 for nonresident applicants. (2) Applications shall be in such form and contain such information as the State Department of Fish and Wildlife, by rule, may prescribe.
ORS 508.904 Lottery system for permit issuance. (1) Except as provided in subsection (2) of this section, if the number of permits renewed under ORS 508.892 falls below 150, the State Department of Fish and Wildlife shall issue permits by lottery systems for vessels that do not meet such requirements, first among those individuals who landed pink shrimp pursuant to a single delivery license referred to in ORS 508.285, and then among all other individuals making application therefor. However, the number of permits issued pursuant to any such lottery system may not increase the total number of permits issued beyond 150
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(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 …
ORS 508.907 Permit transfer restrictions; fee. (1) The vessel permit required by ORS 508.880 is transferable
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(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 own…
ORS 508.908 Limits on authority of Commercial Fishery Permit Board to prohibit transfer of valid pink shrimp vessel permits. The Commercial Fishery Permit Board may not prohibit the transfer under ORS 508.907 of a valid ocean pink shrimp vessel permit on the basis that
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(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 a…
ORS 508.910 Review of permit denial; fee; rules; limitation on transfer of certain permits. (1) An individual whose application for renewal of the permit required by ORS 508.880 is denied by the State Department of Fish and Wildlife may make written request to the Commercial Fishery Permit Board for review of the denial. The review provided in this subsection is in lieu of any such review by the department or the State Fish and Wildlife Commission. The request shall be in such form and shall contain such information as the board considers appropriate. The request shall be accompanied by a nonrefundable fee of $125. Such fee shall apply toward the permit fee of successful applicants
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(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 …
ORS 508.913 Issuance of permits for vessels engaged in groundfish fishery; permit transfer restriction. (1) The Commercial Fishery Permit Board is authorized to receive applications and issue ocean pink shrimp vessel permits for 1982 to trawl vessel owners for those vessels that did not qualify for or receive an ocean pink shrimp permit in 1980, if the board finds that the vessel has been actively engaged in 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
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(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…
ORS 508.915 Negotiations to establish reciprocal agreements pertaining to pink shrimp. The State Fish and Wildlife Director shall work with the appropriate authorities in the states of 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]
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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.
ORS 508.920 [1979 c.613 §10; 1983 c.419 §3; 1987 c.374 §3; 1995 c.484 §8; renumbered 508.755 in 1995]
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(Ocean Dungeness Crab Fishery)
ORS 508.921 Findings; rules. 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]
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[Repealed or reserved.]
ORS 508.926 Vessel permit required to engage in fishery; purchase of crab by dealer from individual without permit prohibited. (1) Notwithstanding any other provision of the commercial fishing laws, it is unlawful for an individual to operate a vessel in the ocean Dungeness crab fishery without first obtaining a vessel permit issued pursuant to ORS 508.931 or 508.941
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(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 is…
ORS 508.931 Eligibility for permit. (1) The system established under ORS 508.921 shall provide initial eligibility for vessels to participate in the ocean Dungeness crab fishery seasons established by the State Fish and Wildlife Commission, beginning on December 1, 1995, with a transferable ocean Dungeness crab permit only if
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(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 …
ORS 508.934 Permit revocation procedure. The Commercial Fishery Permit Board may revoke and refuse subsequent issuance of a vessel permit required by ORS 508.926 in the manner provided in ORS 508.485 (1) and 508.490. [2014 c.1 §2]
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Note: 508.934 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.
ORS 508.936 Permit transfer restrictions; rules; fee. (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
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(a) To another vessel; or (b) To the purchaser of the vessel when the vessel is sold. (2) Except as provided in subsection (3) of this section, 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 transferre…
ORS 508.941 (1) The system established under ORS 508.921 shall include any other provisions for participation that the State Fish and Wildlife Commission considers appropriate
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(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 boa…
ORS 508.943 Requirements related to removal of crab pots; exemptions; permits for removal; rules. (1) As used in this section, “crab fishing season” has the meaning given that term in ORS 508.931
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(2) A person may not leave a crab pot used as part of the ocean Dungeness crab fishery in the waters of this state more than 15 days after the closure of the crab fishing season. (3) The State Fish and Wildlife Commission may issue permits to persons for the removal of crab pots …
ORS 508.945 Vessel permit required; rules; purchase of black or blue rockfish or nearshore fish from individual without permit prohibited; exemptions. (1) Notwithstanding any other provision of the commercial fishing laws and except as provided in subsection (4) of this section, a person may not operate a vessel for
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(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…
ORS 508.947 Eligibility for permit; renewal; rules. (1) The State Department of Fish and Wildlife may issue a black rockfish and blue rockfish vessel permit to an owner of a vessel that landed a minimum of 750 pounds of nontrawl caught black rockfish, blue rockfish or nearshore fish in any one calendar year between January 1, 1995, and January 1, 2001, or in the six-month period between January 1, 2001, and July 1, 2001, for delivery to a fish processor licensed pursuant to ORS 508.025
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(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 …
ORS 508.949 (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
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(a) $152 for resident applicants. (b) $212 for nonresident applicants. (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 …
ORS 508.951 Black Rockfish, Blue Rockfish and Nearshore Species Research Account; sources; uses. (1) There is established a Black Rockfish, Blue Rockfish and Nearshore Species Research Account in the State Treasury, separate and distinct from the General Fund. Interest on moneys in the account shall be credited to the account
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(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 …
ORS 508.953 Log book required; collection and report of data. (1) An owner of a vessel that has a black rockfish and blue rockfish vessel permit or a black rockfish and blue rockfish vessel permit with a nearshore fish endorsement shall keep a log book that includes
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(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 an…
ORS 508.955 Lottery system for permit issuance; rules. (1) The State Fish and Wildlife Commission may establish by rule a lottery for issuing permits to vessels under ORS 508.947
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(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)…
ORS 508.957 Permit transfer restrictions; fee. (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
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(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 sub…
ORS 508.960 Review of permit denial; fee; rules. (1) A person whose application for issuance, renewal or transfer of a permit under ORS 508.947 is denied by the State Department of Fish and Wildlife may make written request to the Commercial Fishery Permit Board for review of the denial. The review provided in this subsection is in lieu of any such review by the department or the State Fish and Wildlife Commission. The request shall be in such form and shall contain such information as the board considers appropriate. The request shall be accompanied by a nonrefundable fee of $125, which shall apply toward the permit fee if the application is approved
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(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…