Chapter 461
AN ACT
HB 3541
Relating to ocean troll salmon fishery; amending ORS 508.819 and
508.822.
Be It Enacted by the People of
the State of Oregon:
SECTION 1.
ORS 508.819 is amended to read:
508.819. (1)(a)
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] 1,000, 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] 1,000.
(b) In issuing
permits under the lottery system, the department shall issue permits for
vessels based on the following categories:
(A) Vessels less than or
equal to 30 feet;
(B) Vessels greater than
30 feet and less than or equal to 42 feet; or
(C) Vessels greater than
42 feet.
(c) When a vessel in one
category does not renew its permit, only another vessel in the same category,
or a vessel in a category for vessels of a smaller size, may qualify for the
permit.
(d) When the department
holds a lottery under this section, the following fees shall be charged for
each vessel permit that the department issues as a result of the lottery:
(A) For vessels less
than or equal to 30 feet, $250.
(B) For vessels greater
than 30 feet and less than or equal to 42 feet, $500.
(C) For vessels greater
than 42 feet, $750.
(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] 1,000 permits
established by this section.
SECTION 2.
ORS 508.822 is amended to read:
508.822. (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 or
equal to 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]
1,000.
(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.
Approved by the Governor June 18, 2007
Filed in the office of Secretary of State June 19, 2007
Effective date January 1, 2008
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