Chapter 95
AN ACT
SB 241
Relating to commercial fisheries; creating new provisions; and amending
ORS 508.755.
Be It Enacted by the People of
the State of
SECTION 1. Section 2 of this 2007 Act is added to and
made a part of ORS 506.450 to 506.465.
SECTION 2. (1) A person whose application for a
developmental fisheries permit or a restricted permit established under
subsection (6) of this section, or for the renewal or transfer of a
developmental fisheries permit or restricted permit, 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 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. The fee shall apply toward any applicable permit fees resulting from an
order of the board in favor of the requesting applicant.
(2) The board shall
review a denial as a contested case under ORS chapter 183. Orders issued by the
board are not subject to review by the commission, but may be appealed as
provided in ORS 183.482.
(3) The board may waive
requirements for renewal of a developmental fisheries permit or a restricted
permit established under subsection (6) of this section if the board finds that
an individual applicant fails to meet the requirements as the result of
illness, accident or other circumstances beyond the individual’s control.
(4) The board may
delegate to the department the board’s authority to waive requirements for
renewal of developmental fisheries permits or restricted permits established
under subsection (6) of this section.
(5) The board may adopt
such rules as it determines necessary to carry out its duties, functions and
powers under this section.
(6) Once the commission
determines that a commercial harvest of a developmental fishery can be
sustained, it may remove that fishery from the developmental fisheries list,
and may, by rule, establish a restricted participation system or a restricted
vessel permit system for that fishery. These restricted permit systems may
include, but are not limited to, provisions relating to the following matters:
(a) Establishment of
criteria for initial entry into the restricted permit system and criteria for
annual qualification for continued participation in the system; and
(b) Establishment of
terms and conditions for transferring participation rights.
SECTION 3. ORS 508.755 is amended to read:
508.755. (1) There is established within the State Department of Fish and
Wildlife the Commercial Fishery Permit Board. The board shall consist of
members appointed by the State Fish and Wildlife Commission as follows:
(a) Three members shall
be chosen to represent the
(b) Three members shall
be chosen to represent the ocean troll salmon fishing industry.
(c) Three members shall
be chosen to represent the ocean pink shrimp fishing industry.
(d) Three members shall
be chosen to represent the
(e) Three members shall
be chosen to represent the sea urchin commercial fishery.
(f) Three members shall
be chosen to represent the ocean Dungeness crab fishing industry.
(g) Three members shall
be chosen to represent the black rockfish and blue rockfish fishing industry
and the nearshore fish fishing industry.
(h) Three members
shall be chosen to represent developmental fisheries as described in ORS
506.450 to 506.465.
(i) Three members shall
be chosen to represent each restricted participation system or restricted
vessel permit system established by rule of the commission under section 2 of
this 2007 Act.
[(h)] (j) Two members shall be
chosen to represent the public.
(2) A member of the
board shall receive no compensation for services as a member. However, subject
to any applicable law regulating travel and other expenses of state officers
and employees, a member shall be reimbursed for travel and other expenses
incurred in the performance of official duties.
(3) The board shall
select such officers, for such terms and with such duties and powers, as the
board considers necessary for the performance of those offices.
(4) A majority of the
members of the board constitutes a quorum for the transaction of business.
(5) The board shall meet
at such times and places as may be determined by the chairperson or by a
majority of the members of the board.
(6) Notwithstanding any
other provision of law:
(a) Members of the board
representing the Columbia River gillnet salmon fishing industry shall
participate in actions of the board only on matters arising under ORS 508.285,
508.470 and 508.775 to 508.796.
(b) Members of the board
representing the ocean troll salmon fishing industry shall participate in
actions of the board only on matters arising under ORS 508.801 to 508.825.
(c) Members of the board
representing the ocean pink shrimp fishing industry shall participate in
actions of the board only on matters arising under ORS 508.880, 508.883 and
508.889 to 508.910.
(d) Members of the board
representing the
(e) Members of the board
representing the sea urchin commercial fishery shall participate in actions of
the board only on matters arising under ORS 508.760.
(f) Members of the board
representing the ocean Dungeness crab fishing industry shall participate in
actions of the board only on matters arising under ORS 508.921.
(g) Members of the board
representing the black rockfish and blue rockfish fishing industry and the
nearshore fish fishing industry shall participate in actions of the board only
on matters arising under ORS 508.947, 508.957 or 508.960.
(h) Members of the
board representing developmental fisheries shall participate in actions of the
board only on matters arising under ORS 506.450 to 506.465.
(i) Members of the board
representing a restricted participation system or a restricted vessel permit
system established by rule of the commission under section 2 of this 2007 Act
shall participate in actions of the board only on matters related to that
system.
Approved by the Governor May 7, 2007
Filed in the office of Secretary of State May 7, 2007
Effective date January 1, 2008
__________