74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 3541
Sponsored by JOINT COMMITTEE ON EMERGENCY PREPAREDNESS AND OCEAN
POLICY
CHAPTER ................
AN ACT
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
Enrolled House Bill 3541 (HB 3541-INTRO) Page 1
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.
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Enrolled House Bill 3541 (HB 3541-INTRO) Page 2
Passed by House May 16, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 24, 2007
...........................................................
President of Senate
Enrolled House Bill 3541 (HB 3541-INTRO) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 3541 (HB 3541-INTRO) Page 4