71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2959
 
                           B-Engrossed
 
                         House Bill 2862
                  Ordered by the House June 21
       Including House Amendments dated May 9 and June 21
 
Sponsored by Representative BROWN; Representatives HOPSON,
  KRIEGER, VERGER, Senators DUKES, GEORGE, MESSERLE (at the
  request of Fishermen's Marketing Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Creates Commercial Fisheries Permit Buyback Fund. Specifies
that moneys obtained from certain limited entry permit commercial
fisheries shall be placed in fund for payment of moneys advanced
by federal government under fleet reduction, groundfish permit
buyback program. Provides that fee may not be assessed until
federal government creates program.
   { +  Sunsets January 2, 2006. + }
 
                        A BILL FOR AN ACT
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. + }
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