Chapter 953 Oregon Laws 2001

AN ACT

HB 2862

Relating to commercial fisheries; and appropriating money.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Sections 2 and 3 of this 2001 Act are added to and made a part of the commercial fishing laws.

SECTION 2. (1) The Commercial Fisheries Permit Buyback Fund is created in the State Treasury, separate and distinct from the General Fund. All moneys in the fund are continuously appropriated to the State Fish and Wildlife Commission for the purpose of repaying moneys advanced by the federal government under a fleet reduction, groundfish permit buyback program established by the federal government. Interest earned on the moneys in the fund shall be credited to the fund.

(2) The fund consists of moneys collected by the commission pursuant to section 3 of this 2001 Act, moneys appropriated to the fund by the Legislative Assembly for the purpose described in subsection (1) of this section and any gifts, grants or donations.

SECTION 3. (1) The State Fish and Wildlife Commission shall collect a fee from persons licensed under ORS 508.025 to repay the federal government for moneys advanced by the federal government under a fleet reduction, groundfish permit buyback program established by the federal government.

(2) The commission shall adopt a fee schedule by rule for the collection of the fee required by subsection (1) of this section. The fee schedule adopted shall limit the total amount of moneys collected through the fee to the minimum amount necessary to repay the moneys advanced by the federal government. Additionally, the commission shall adjust the fee schedule such that the money collected from each person licensed under ORS 508.025 is proportional to the benefits derived from the permit buyback program by persons holding permits issued under the following statutes:

(a) Ocean troll salmon fishery, ORS 508.801 to 508.825;

(b) Ocean pink shrimp fishery, ORS 508.880, 508.883 and 508.889 to 508.910; and

(c) Ocean Dungeness crab fishery, ORS 508.926, 508.931 and 508.941.

(3) Notwithstanding ORS 506.306, the commission shall deposit moneys collected pursuant to this section in the Commercial Fisheries Permit Buyback Fund.

SECTION 4. The State Fish and Wildlife Commission may not assess the fee specified under section 3 of this 2001 Act until after the federal government creates the fleet reduction, groundfish permit buyback program.

SECTION 5. Sections 2 and 3 of this 2001 Act are repealed on January 2, 2006.

SECTION 6. Any balance in the Commercial Fisheries Permit Buyback Fund that is unexpended and unobligated on January 2, 2006, and all moneys that would have been deposited in the Commercial Fisheries Permit Buyback Fund had sections 2 and 3 of this 2001 Act remained in effect, shall be transferred to and deposited in the General Fund.

Approved by the Governor August 10, 2001

Filed in the office of Secretary of State August 13, 2001

Effective date January 1, 2002

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