74th OREGON LEGISLATIVE ASSEMBLY--2007 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 427
 
                         Senate Bill 241
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor Theodore R.
  Kulongoski for State Department of Fish and Wildlife)
 
 
                             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 as
introduced.
 
  Expands membership of Commercial Fishery Permit Board to
include representatives of developmental fisheries and
representatives of certain restricted permit systems established
by rule of State Fish and Wildlife Commission. Allows persons
denied developmental fisheries permit or restricted permit, or
denied renewal or transfer of developmental fisheries permit or
restricted permit, to request review by board.
 
                        A BILL FOR AN ACT
Relating to commercial fisheries; creating new provisions; and
  amending ORS 508.755.
Be It Enacted by the People of the State of Oregon:
  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 by the State Fish and Wildlife Commission 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 Columbia
River gillnet salmon fishing industry.
  (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 Yaquina Bay
roe-herring fishing industry.
  (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 Yaquina Bay
roe-herring fishing industry shall participate in actions of the
board only on matters arising under ORS 508.765.
  (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. + }
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